ROL_2018-03-16_16k_Hr3-4.timecode

[00:15.320 --> 00:24.480]  silver at $16.49 an ounce, Texas crude at $62.60 a barrel, Bitcoin is at $9,883.87,
[00:24.480 --> 00:34.640]  Ethereum at $748.18, Bitcoin Cash at $1,086.63, and finally Litecoins at $181.10 a crypto
[00:34.640 --> 00:36.640]  coin.
[00:36.640 --> 00:41.100]  Today in History.
[00:41.100 --> 00:42.100]  The year?
[00:42.100 --> 00:43.100]  1989.
[00:43.100 --> 00:47.880]  Iran and the United Kingdom break diplomatic relations after a fight over Simon Rushdie's
[00:47.880 --> 00:54.960]  controversial novel, The Satanic Verses, today in History.
[00:54.960 --> 01:00.160]  In recent news, President Trump's top economic advisor, Gary D. Cohn, stated yesterday, Tuesday
[01:00.160 --> 01:01.960]  that he was indeed resigning.
[01:01.960 --> 01:06.320]  This after giving a heads up last week that he was considering doing so if President Trump
[01:06.320 --> 01:11.000]  decided to follow through with his tariffs on imported aluminum and steel.
[01:11.000 --> 01:14.480]  Of course with President Trump's announcement last week that he would indeed levy tariffs
[01:14.480 --> 01:19.200]  on aluminum and steel imports, the reason for Mr. Cohn's departure seems obvious for
[01:19.200 --> 01:27.760]  many considering he was one of the lone vocal opponents of any such measures in the administration.
[01:27.760 --> 01:32.600]  According to a report by the Daily Mail, skeletal biology expert Richard Jantz out of the University
[01:32.600 --> 01:37.160]  of Tennessee believes he may have found the skeletal remains of Amelia Earhart on a Pacific
[01:37.160 --> 01:38.160]  Island.
[01:38.160 --> 01:42.840]  Amelia went missing in 1937 when her plane and navigator, Fred Noonan, were never to
[01:42.840 --> 01:43.840]  be found.
[01:43.840 --> 01:48.720]  At least until now, Richard Jantz stated that, what I can say scientifically is that they,
[01:48.720 --> 01:53.080]  the recent Pacific Island remains, are 99% likely to be hers.
[01:53.080 --> 01:56.520]  Interesting timing for this finding to be released considering that the 1932 Hudson
[01:56.520 --> 02:01.680]  Essex Terraplane, which once belonged to Earhart, was reportedly stolen on Friday, February
[02:01.680 --> 02:07.960]  23rd, 2018, only to be found three days later on the street corner in the Sereno neighborhood
[02:07.960 --> 02:13.480]  in LA.
[02:13.480 --> 02:18.040]  The crypto market took a big blow today, Wednesday, with the top 10 currencies suffering 5 to
[02:18.040 --> 02:19.040]  10% losses.
[02:19.040 --> 02:21.880]  This downturn right after the Securities and Exchange Commission announced that it would
[02:21.880 --> 02:25.960]  be requiring digital asset exchanges to register with them.
[02:25.960 --> 02:30.120]  According to the SEC statement, quote, if a platform offers trading of digital assets
[02:30.120 --> 02:35.000]  that are securities and operates as an exchange as defined by the federal securities laws,
[02:35.000 --> 02:40.400]  then the platform must register with the SEC as a national securities exchange or be exempt
[02:40.400 --> 02:43.400]  from registration.
[02:43.400 --> 02:45.120]  The Lone Star Lowdown is looking for sponsors.
[02:45.120 --> 02:48.520]  If you have a product or a service you'd like to advertise with us, feel free to give me
[02:48.520 --> 02:53.560]  a call at 210-363-2257.
[02:53.560 --> 03:14.640]  This was Brick Roadie with your Lowdown for March 7th, 2018.
[03:14.640 --> 03:24.080]  Okay, we are back, Randy Kelton, Rule of Law Radio, on this Friday, the 16th day of March,
[03:24.080 --> 03:27.960]  2018, and we're talking to Tyler in Wyoming.
[03:27.960 --> 03:36.200]  Okay, Tyler, where were we when I fell off the cliff?
[03:36.200 --> 03:41.240]  You were talking about possibly filing criminal charges against the judge.
[03:41.240 --> 03:45.960]  That is an area I've never gone to before, Randy, so I don't really know how to do that.
[03:45.960 --> 03:52.080]  Is that something you file with the district attorney or how do you go about doing that?
[03:52.080 --> 03:57.320]  Do you have grand juries in Montana?
[03:57.320 --> 03:59.880]  You're in Wyoming.
[03:59.880 --> 04:10.880]  You know, they do as far as where indictments are concerned, but I'm not sure if it's accessible.
[04:10.880 --> 04:19.800]  That's what we go to, okay, generally, a complaint against the public official always goes to
[04:19.800 --> 04:25.780]  a grand jury, doesn't matter if it does or not.
[04:25.780 --> 04:27.320]  You can file with a grand jury.
[04:27.320 --> 04:40.400]  I need to look at the law in Wyoming, O-M-A-G, grand jury, I'm doing a little search.
[04:40.400 --> 04:47.280]  Okay, we do have grand juries, it's Title VII of your criminal procedure code.
[04:47.280 --> 04:56.000]  Juries, manner of summons, okay, read Chapter VII of your criminal procedure code.
[04:56.000 --> 05:06.880]  I'm sorry, Title VII, Chapter V, it would be 7-5, it starts at 101, read that.
[05:06.880 --> 05:15.680]  Every state has a statute that reflects 18 US Code 242.
[05:15.680 --> 05:19.960]  And that essentially says, this is not exact quote because it's kind of long and convoluted,
[05:19.960 --> 05:26.440]  but essentially what it says is that if a public official acting under the color or
[05:26.440 --> 05:40.480]  pretense of an official capacity exerts or purports to exert an authority they do not
[05:40.480 --> 05:49.600]  expressly have, or fails to perform a duty they are required to perform, that's a crime
[05:49.600 --> 05:52.360]  in every state.
[05:52.360 --> 06:05.120]  So if you have a judge in a traffic court that is required, and this is a due process
[06:05.120 --> 06:10.560]  requirement, due process is the same in the Fed or the state.
[06:10.560 --> 06:14.880]  So a due process violation rings in both.
[06:14.880 --> 06:21.040]  If a public official fails to perform a duty he's required to perform, where a judge is
[06:21.040 --> 06:27.680]  required to determine the facts in accordance with the rules of evidence, then apply the
[06:27.680 --> 06:33.740]  law as it comes to him or her to the facts in the case.
[06:33.740 --> 06:42.820]  If they fail to do that, it is in the case law indicated as a due process violation subject
[06:42.820 --> 06:45.920]  to extraordinary remedy.
[06:45.920 --> 06:51.160]  Okay, extraordinary remedy is a judicial action.
[06:51.160 --> 06:57.800]  It's a petition for writ of mandamus, where you ask a higher court to issue a mandate
[06:57.800 --> 07:03.720]  to a lower court ordering the lower court to do what the law commands it to do.
[07:03.720 --> 07:08.360]  But it is designated as a due process violation.
[07:08.360 --> 07:15.840]  So if a public official denies you in due process, that is a crime in every state because
[07:15.840 --> 07:20.800]  every state has a statute that reflects the Ku Klux Klan Act.
[07:20.800 --> 07:24.480]  A lot of people have heard about the Ku Klux Klan Act.
[07:24.480 --> 07:31.840]  For the most part, it's referenced under 42 US Code 1983.
[07:31.840 --> 07:39.860]  And that's the statute that gives a citizen standing to sue a public official.
[07:39.860 --> 07:44.500]  But that is the second half of the Ku Klux Klan Act.
[07:44.500 --> 07:51.080]  Under 18 US Code 242, if a public official fails to perform a duty he's required to perform
[07:51.080 --> 07:55.520]  or purports to exert an authority he does not expressly have and denies you in the form
[07:55.520 --> 08:00.500]  for access to a right, you can sue him.
[08:00.500 --> 08:04.780]  The first part says it's a crime.
[08:04.780 --> 08:12.080]  So the judge committed a crime that's both state, either state or federal.
[08:12.080 --> 08:19.840]  So by refusing to hear your entire complaint, you might file 18 US Code 242 against the
[08:19.840 --> 08:28.120]  judge with the local special agent in charge of the FBI.
[08:28.120 --> 08:29.600]  That would be fun.
[08:29.600 --> 08:35.360]  Okay, there's a trick, there's a strategy to that.
[08:35.360 --> 08:44.200]  Our FBI are becoming secret police, if you go to the FBI, or you call the FBI, you wanna
[08:44.200 --> 08:50.900]  file a complaint, they will send you to a intake person.
[08:50.900 --> 08:59.180]  That intake person won't tell you if the intake person is a actual FBI agent.
[08:59.180 --> 09:01.380]  And they will not tell you their name.
[09:01.380 --> 09:07.680]  So you have no idea who you're giving this complaint to.
[09:07.680 --> 09:11.680]  So screw that.
[09:11.680 --> 09:18.240]  Make up a letter, make up a complaint, put it in an envelope and go on the internet and
[09:18.240 --> 09:26.680]  look up the special agent in charge for your local FBI office.
[09:26.680 --> 09:34.320]  The special agent in charge is the only one you can find a name for and he runs the local
[09:34.320 --> 09:37.080]  office or she.
[09:37.080 --> 09:41.700]  So you send the complaint to the special agent in charge.
[09:41.700 --> 09:45.120]  Now you've got a name to deal with.
[09:45.120 --> 09:54.600]  And what is most likely gonna happen is the SAC will give your complaint to a special
[09:54.600 --> 09:57.100]  agent.
[09:57.100 --> 10:03.560]  And the special agent's not gonna wanna act on a complaint against a local judge.
[10:03.560 --> 10:11.160]  But in order to cover his behind or her behind, they are gonna call the office and tell the
[10:11.160 --> 10:16.400]  office that I got somebody here wanting me to arrest you.
[10:16.400 --> 10:21.360]  You wanna tell me why I shouldn't come out there and arrest you.
[10:21.360 --> 10:31.040]  And they're gonna feed the FBI agent some stuff that the FBI agent can use as plausible
[10:31.040 --> 10:33.200]  deniability.
[10:33.200 --> 10:39.920]  So they're really asking the judge to give me a reason, give me an excuse for not bothering
[10:39.920 --> 10:41.560]  you.
[10:41.560 --> 10:50.720]  However, when that judge has to answer to an FBI agent, it's gonna get real intense
[10:50.720 --> 10:53.020]  around there.
[10:53.020 --> 10:58.400]  You are absolutely gonna have that judge's attention.
[10:58.400 --> 11:09.120]  And then after that, if anybody does anything to you that you don't like, accuse that judge
[11:09.120 --> 11:18.640]  of sending them to do it and file against a judge for retaliation in the FED.
[11:18.640 --> 11:26.640]  Now the SAC gets another complaint against this annoying judge, and they got real criminals
[11:26.640 --> 11:27.640]  to chase.
[11:27.640 --> 11:31.720]  They don't have time for this nonsense, they're gonna get a hold of that agent and say, you
[11:31.720 --> 11:32.720]  need to fix this problem.
[11:32.720 --> 11:36.800]  And they're gonna call back down to that judge and say, why am I still having problems with
[11:36.800 --> 11:39.180]  you people?
[11:39.180 --> 11:42.860]  At the end of the day, it's all political.
[11:42.860 --> 11:44.360]  How do you create a little politics?
[11:44.360 --> 11:49.320]  How do you get the FBI annoyed at this judge because they're having to deal with your garbage?
[11:49.320 --> 11:53.200]  Does that sound interesting?
[11:53.200 --> 11:56.160]  Yeah, yeah, it does.
[11:56.160 --> 12:01.080]  Now the charge would be, like you said, official oppression, or is it official misconduct?
[12:01.080 --> 12:06.140]  It's probably official misconduct in Wyoming.
[12:06.140 --> 12:09.520]  Most every state calls it official misconduct.
[12:09.520 --> 12:20.880]  Texas is the only state that makes a separation between misappropriation of public funds and
[12:20.880 --> 12:23.440]  abuse of public office.
[12:23.440 --> 12:28.160]  In most states, they're grouped together into one official misconduct.
[12:28.160 --> 12:30.720]  In Texas, they're separated into two.
[12:30.720 --> 12:36.480]  It does sound like a remedy, Randy, I like your politics of it.
[12:36.480 --> 12:41.400]  The only thing is I have to go, we have to go before this judge, well, coming up, I mean
[12:41.400 --> 12:42.400]  like Tuesday.
[12:42.400 --> 12:49.320]  So I need to decide whether to stick with him for the sham trial or have him recused.
[12:49.320 --> 12:54.160]  And that's something I still don't know what the better option is.
[12:54.160 --> 13:01.840]  You might file a really obnoxious motion to disqualify for judicial incompetence.
[13:01.840 --> 13:10.080]  Or you might file criminal charges against him in the state and ask, a federal court
[13:10.080 --> 13:15.920]  cannot stay a criminal prosecution in the state.
[13:15.920 --> 13:22.400]  But a state court can stay a criminal prosecution in the state.
[13:22.400 --> 13:29.560]  So you file criminal charges against the judge with a, this is a traffic court judge.
[13:29.560 --> 13:40.140]  You file with a county judge or a district judge in their capacity as a magistrate.
[13:40.140 --> 13:51.320]  And ask the court to issue an abatement requiring that the local court abate any proceedings
[13:51.320 --> 13:59.120]  until the criminal accusations you've made against the judge for behaviors perpetrated
[13:59.120 --> 14:02.520]  in the prosecution of this case can be adjudicated.
[14:02.520 --> 14:08.840]  Can you say that one more time, issue an abatement?
[14:08.840 --> 14:14.920]  Yeah, a plea abatement's really an old term.
[14:14.920 --> 14:18.920]  You can call it a plea of an abatement, they'll know what it means.
[14:18.920 --> 14:25.040]  You're not interfering with the jurisdiction of the court.
[14:25.040 --> 14:30.360]  You're merely asking the court to stay any action.
[14:30.360 --> 14:39.060]  Because any action in that court will, if this court rules that the prior court is without
[14:39.060 --> 14:47.240]  jurisdiction for its breach of law, then any action in that court will be moot.
[14:47.240 --> 14:54.100]  So it will be judicially inefficient for the prosecution to continue until your claims
[14:54.100 --> 14:58.640]  in a higher court can be adjudicated.
[14:58.640 --> 15:06.320]  You can't ask the court to require that the lower court dismiss the case.
[15:06.320 --> 15:12.000]  Because the lower court has original jurisdiction, the higher court has nothing to say about
[15:12.000 --> 15:13.260]  it.
[15:13.260 --> 15:19.140]  But a higher court can stay a prosecution.
[15:19.140 --> 15:30.080]  Because if they could rule in such a way that the lower court would no longer have jurisdiction,
[15:30.080 --> 15:32.760]  anything they did would be wind up moot to avoid.
[15:32.760 --> 15:34.880]  Right, yeah, good idea.
[15:34.880 --> 15:37.600]  In this case, it's the district court here.
[15:37.600 --> 15:44.960]  Would that motion be titled just a motion to just name proceedings or motion of abatement
[15:44.960 --> 15:47.400]  or what would you call that?
[15:47.400 --> 15:54.680]  You file criminal charges against the judge for official misconduct and petition the district
[15:54.680 --> 16:04.960]  court for a plea and abatement to abate any proceedings in the trial court until your
[16:04.960 --> 16:09.560]  accusations of official misconduct can be adjudicated.
[16:09.560 --> 16:16.360]  Okay, now you probably already answered this, forgive me Randy, but the charges for official
[16:16.360 --> 16:20.080]  misconduct, does that go into the state or is that the FBI?
[16:20.080 --> 16:21.640]  That's the state.
[16:21.640 --> 16:24.200]  You can do it in either one.
[16:24.200 --> 16:32.760]  But if you do it in the Fed, the Fed cannot ask the state court to stay prosecution.
[16:32.760 --> 16:39.800]  That would be undue preemption of state law, but a state court can do that.
[16:39.800 --> 16:42.920]  So depending on what you want.
[16:42.920 --> 16:46.520]  In fact, there's nothing to keep you from filing in both.
[16:46.520 --> 16:54.080]  Okay, does the criminal charges go through that district court or does it go to the grand
[16:54.080 --> 16:55.080]  jury?
[16:55.080 --> 16:59.240]  Generally, I would always want the criminal things.
[16:59.240 --> 17:00.240]  Dang cookies.
[17:00.240 --> 17:01.240]  Cookies?
[17:01.240 --> 17:02.240]  Me love cookies.
[17:02.240 --> 17:04.240]  Oh, hi, Cookie Muncher.
[17:04.240 --> 17:06.240]  No, these are yucky cookies.
[17:06.240 --> 17:07.240]  Cookies?
[17:07.240 --> 17:08.240]  Yucky?
[17:08.240 --> 17:09.240]  No, no bad cookies.
[17:09.240 --> 17:11.040]  You can't even eat these cookies.
[17:11.040 --> 17:12.040]  These are cyber cookies.
[17:12.040 --> 17:13.040]  You can't eat?
[17:13.040 --> 17:16.640]  No, they are cyber cookies and they clog up your computer.
[17:16.640 --> 17:17.640]  These have apple.
[17:17.640 --> 17:18.640]  Really?
[17:18.640 --> 17:20.640]  Oh, that's an actual apple.
[17:20.640 --> 17:23.240]  Mmm, yummy apple.
[17:23.240 --> 17:26.680]  I'm going to throw away these yucky cookies in the trash.
[17:26.680 --> 17:32.840]  I click control shift delete and then scroll down to cookies and clear them.
[17:32.840 --> 17:34.400]  Bye bye yucky cookies.
[17:34.400 --> 17:40.040]  Now I go to logosradionetwork.com and I click on the Amazon box on the upper right hand
[17:40.040 --> 17:46.040]  side, bookmark the link and I can go to Amazon through this link and order you some yummy
[17:46.040 --> 17:47.040]  new cookies.
[17:47.040 --> 17:48.840]  New cookies for me?
[17:48.840 --> 17:53.440]  Consider it an early Christmas present and every time I order on Amazon, I go through
[17:53.440 --> 17:57.360]  this link and I give a little present to this radio network too.
[17:57.360 --> 17:58.360]  C is for cookie.
[17:58.360 --> 18:00.360]  C is for classified.
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[19:30.280 --> 19:43.280]  Okay, we are back, Randy Kelton, Rule of Law Radio, and we're talking to Tyler in Wyoming.
[19:43.280 --> 19:53.080]  Okay, in my opinion, the best defense is always a good effective offense.
[19:53.080 --> 19:58.360]  And when you start filing criminal charges against these guys, then they're gonna have
[19:58.360 --> 20:01.040]  a dog in the hunt.
[20:01.040 --> 20:07.420]  As long as you follow the procedures they want you to follow, they feel comfortable
[20:07.420 --> 20:12.200]  doing any kind of nonsense they want to.
[20:12.200 --> 20:18.040]  But when you start taking it back to them, you will find these guys to be like high school
[20:18.040 --> 20:21.180]  bullies.
[20:21.180 --> 20:25.400]  They're real big and bad until somebody pops them in the chops and all of a sudden they
[20:25.400 --> 20:27.400]  duck and run for cover.
[20:27.400 --> 20:28.400]  Right.
[20:28.400 --> 20:37.520]  So the charges, though, the criminal charges would be filed, that's what I'm confused on,
[20:37.520 --> 20:42.280]  would that be in the district court as well or is that?
[20:42.280 --> 20:53.200]  Almost always a claim against a public official will almost always go to the highest court,
[20:53.200 --> 20:57.280]  and that would be the district court.
[20:57.280 --> 21:08.320]  In Texas, a complaint against a public official always goes to the grand jury, no matter what
[21:08.320 --> 21:10.320]  it is.
[21:10.320 --> 21:15.520]  We have Article 2.03 Texas Code of Criminal Procedure that says that when a prosecuting
[21:15.520 --> 21:19.640]  attorney is made known in any manner that a public official is violating the law relating
[21:19.640 --> 21:25.720]  to his office, he shall reduce the complaint from information submitted to the grand jury.
[21:25.720 --> 21:27.640]  No discretion.
[21:27.640 --> 21:36.360]  You probably have something similar in Wyoming.
[21:36.360 --> 21:44.760]  That law was passed in Texas because prosecuting attorneys do not want to prosecute people
[21:44.760 --> 21:47.080]  they work with.
[21:47.080 --> 21:50.580]  It goes to human nature.
[21:50.580 --> 21:54.800]  Human nature is the same in every state.
[21:54.800 --> 22:01.080]  So you will probably have something similar in other states because every state is going
[22:01.080 --> 22:06.560]  to have the same issue and they have most likely addressed it.
[22:06.560 --> 22:08.600]  Okay.
[22:08.600 --> 22:14.120]  How does one, like a citizen, you or I, is the dumb question, forgive me, but how do
[22:14.120 --> 22:19.460]  we access the grand jury because a lot of people I see have heard only the prosecuting
[22:19.460 --> 22:24.520]  attorney can issue grand jury and access to grand jury and so forth.
[22:24.520 --> 22:33.720]  The last US attorney that told me that, I said, where did you come up with that?
[22:33.720 --> 22:36.840]  Did you just make that up?
[22:36.840 --> 22:40.400]  I don't find that in law anywhere.
[22:40.400 --> 22:45.680]  See, they're public officials.
[22:45.680 --> 22:54.620]  A public official may only do what the law specifically authorizes them to do.
[22:54.620 --> 22:58.600]  You are not a public official.
[22:58.600 --> 23:09.040]  You can do anything you want to, unless you are specifically forbidden by statute to do
[23:09.040 --> 23:11.480]  it.
[23:11.480 --> 23:16.380]  You can't murder people because you and I and all the rest of us has gotten together
[23:16.380 --> 23:26.000]  and said, okay, there are some behaviors we are gonna restrict even from ourselves.
[23:26.000 --> 23:32.580]  You can't steal from people, you can't kill people, you can't rape children, you can't
[23:32.580 --> 23:36.680]  drive 90 miles an hour in a school zone.
[23:36.680 --> 23:43.180]  There are all these things where we have agreed to restrict our behavior.
[23:43.180 --> 23:48.880]  But I don't see anything in the code that addresses our behavior when it comes to the
[23:48.880 --> 23:52.380]  filing of a criminal complaint.
[23:52.380 --> 23:53.380]  Nothing in there.
[23:53.380 --> 23:57.000]  So we can do anything with that complaint we want to.
[23:57.000 --> 24:05.960]  Now, there are laws that direct public officials to perform certain duties when they are presented
[24:05.960 --> 24:08.820]  with a criminal complaint.
[24:08.820 --> 24:12.760]  In Texas, it says that when a prosecuting attorney is made known in any manner that
[24:12.760 --> 24:16.360]  a public official is violated a law relating to his office, he shall reduce complaint from
[24:16.360 --> 24:18.840]  information submitted to the grand jury.
[24:18.840 --> 24:26.480]  Now, it doesn't say who can give that complaint to the prosecuting attorney.
[24:26.480 --> 24:33.720]  A magistrate, all judges are magistrates, and this goes to basic due process.
[24:33.720 --> 24:39.560]  It goes to Gerstein Pugh, a federal case that says people have a right to a preliminary
[24:39.560 --> 24:43.560]  hearing.
[24:43.560 --> 24:52.760]  All magistrates are there for the purpose of hearing criminal complaints.
[24:52.760 --> 25:00.880]  There's nothing in Texas law that directs a criminal complaint to anyone other than
[25:00.880 --> 25:03.440]  a magistrate.
[25:03.440 --> 25:08.800]  When a police officer has it made known to him that a crime has been committed, he shall
[25:08.800 --> 25:13.360]  present the complaint to some magistrate.
[25:13.360 --> 25:19.360]  When a prosecuting attorney is made known that a crime has been committed, he's to reduce
[25:19.360 --> 25:24.860]  the complaint with information submitted to the court of proper jurisdiction and filed
[25:24.860 --> 25:30.460]  the complaint with some magistrate.
[25:30.460 --> 25:39.680]  The only direction of who a complaint is to be given to is to some magistrate.
[25:39.680 --> 25:45.020]  And only prosecutors and police officers are told what to do with a complaint.
[25:45.020 --> 25:48.820]  Private citizens are not told what to do with the complaint.
[25:48.820 --> 25:54.640]  So we can do with it anything we want to.
[25:54.640 --> 26:00.500]  You can give it to any magistrate, and when you give it to a magistrate, that invokes
[26:00.500 --> 26:03.600]  the magistrate's duty.
[26:03.600 --> 26:10.820]  Every judge wears two hats, a judge's hat and a litigant's hat.
[26:10.820 --> 26:16.600]  When you present a complaint to the judge, his judge's hat comes off, his magistrate's
[26:16.600 --> 26:19.960]  hat goes on, and he's to hold an examining trial.
[26:19.960 --> 26:29.560]  This has been in law since 1215 AD, and it has served us well.
[26:29.560 --> 26:36.720]  The courts now are trying to get around that, and we don't want them to.
[26:36.720 --> 26:43.880]  So you take that complaint to any magistrate, every judge in the state of Wyoming is a magistrate.
[26:43.880 --> 26:50.360]  And when that judge doesn't act on it, then you file against the judge.
[26:50.360 --> 27:00.560]  And we have a attorney general's opinion in Texas that goes to venue of a magistrate.
[27:00.560 --> 27:05.560]  What complaints can a magistrate hear?
[27:05.560 --> 27:12.680]  And the Texas Attorney General made it clear, any magistrate within the state can hear any
[27:12.680 --> 27:20.420]  complaint within the state, felony, misdemeanor, state or federal.
[27:20.420 --> 27:27.600]  There is no venue for a magistrate other than the state boundaries, so take it to any magistrate
[27:27.600 --> 27:30.080]  you want to.
[27:30.080 --> 27:37.920]  If you've got a judge there that's particularly a stinker, take it to him or her.
[27:37.920 --> 27:43.360]  And when the judge doesn't act on it in their capacity as a magistrate, then you go after
[27:43.360 --> 27:44.360]  the judge.
[27:44.360 --> 27:51.000]  There's no better judge to go after than the one who is really a stinker, because generally
[27:51.000 --> 27:54.560]  nobody likes him.
[27:54.560 --> 28:00.640]  And he'll be more sensitive to political cannon fodder that can be used against him.
[28:00.640 --> 28:04.720]  Everything's political.
[28:04.720 --> 28:08.280]  You are not a public official.
[28:08.280 --> 28:10.080]  They're all public servants.
[28:10.080 --> 28:12.240]  You're the master of those servants.
[28:12.240 --> 28:17.320]  There is nothing to keep you from going to the Chief Justice of the Supreme and commanding
[28:17.320 --> 28:22.560]  him to perform his duty as a magistrate and when he doesn't, you start filing criminal
[28:22.560 --> 28:28.640]  charges against him and he's gonna be a real unhappy camper.
[28:28.640 --> 28:34.320]  And he's gonna walk down that hierarchy down to the guy who started this, and he is not
[28:34.320 --> 28:37.720]  gonna be happy with him.
[28:37.720 --> 28:41.960]  So take it to anybody you want to as a short answer.
[28:41.960 --> 28:49.360]  Okay, now being that it's a short time until this sham trial, would it be best just to
[28:49.360 --> 28:52.120]  do a recusal of the judge first?
[28:52.120 --> 29:02.040]  A recusal probably will buy you about 30 minutes, because they will contact the, generally like
[29:02.040 --> 29:08.120]  here we have a head administrative judge at the district who hears recusals, they'll call
[29:08.120 --> 29:16.960]  the judge, send him the recusal motion, he'll deny it immediately, and it's back on.
[29:16.960 --> 29:20.920]  Otherwise they'll just appoint another judge and it's back on anyway.
[29:20.920 --> 29:22.900]  Yeah, yeah.
[29:22.900 --> 29:26.840]  So they figured out how to handle that.
[29:26.840 --> 29:30.040]  So he filed criminal charges against him, they hadn't figured out how to handle that
[29:30.040 --> 29:31.040]  yet.
[29:31.040 --> 29:32.040]  That's true.
[29:32.040 --> 29:38.040]  Another thing he did, we filed a second motion to dismiss it, I specifically sat in there.
[29:38.040 --> 29:43.160]  I want a response from the prosecution and I want this set up for hearing before any
[29:43.160 --> 29:44.160]  of this is denied.
[29:44.160 --> 29:47.000]  Okay, hang on, hang on, I'm about to go to break.
[29:47.000 --> 30:03.200]  We'll be right back.
[30:03.200 --> 30:06.560]  Folks hate Monday because it means the start of another work week.
[30:06.560 --> 30:10.840]  But there's one activity you can start on Monday that's likely to be a smashing success.
[30:10.840 --> 30:15.920]  I'm Dr. Katherine Albrecht, and I'll be right back to tell you what it is.
[30:15.920 --> 30:17.500]  Privacy is under attack.
[30:17.500 --> 30:21.100]  When you give up data about yourself, you'll never get it back again.
[30:21.100 --> 30:25.880]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.880 --> 30:30.960]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:30.960 --> 30:33.640]  Privacy, it's worth hanging on to.
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[30:45.200 --> 30:49.920]  Tuesday's diet is full of grace, but Tuesday's diet could be a disgrace.
[30:49.920 --> 30:54.320]  A study in Britain shows that people who started dieting on a Tuesday were the most likely
[30:54.320 --> 30:58.760]  to lose their resolve within a week and end up heavier than when they started.
[30:58.760 --> 31:00.920]  Friday was another bad weight loss day.
[31:00.920 --> 31:05.800]  More than half of the 2,000 people surveyed ditched their diets on Friday after a stressful
[31:05.800 --> 31:06.800]  week at work.
[31:06.800 --> 31:08.920]  What were the good dieting days?
[31:08.920 --> 31:13.120]  People who started their diets on Sunday and Monday were far more likely to shed the most
[31:13.120 --> 31:15.440]  weight and keep the weight off.
[31:15.440 --> 31:20.160]  So maybe Fleetwood Mac had it right when they sang, Monday morning you sure looked fine.
[31:20.160 --> 31:22.480]  I'm Dr. Catherine Albrecht.
[31:22.480 --> 31:25.040]  More news and information at CatherineAlbrecht.com.
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[32:02.200 --> 32:04.960]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:04.960 --> 32:08.560]  In today's America we live in an us against them society and if we the people are ever
[32:08.560 --> 32:12.760]  going to have a free society then we're going to have to stand and defend our own rights.
[32:12.760 --> 32:15.960]  Among those rights are the right to travel freely from place to place, the right to act
[32:15.960 --> 32:20.000]  in our own private capacity and most importantly the right to due process of law.
[32:20.000 --> 32:23.840]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:23.840 --> 32:25.200]  our rights through due process.
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[32:29.200 --> 32:32.980]  most comprehensive teaching tool available that will help you understand what due process
[32:32.980 --> 32:35.360]  is and how to hold the courts to the rule of law.
[32:35.360 --> 32:39.400]  You can get your own copy of this invaluable material by going to RuleOfLawRadio.com and
[32:39.400 --> 32:40.720]  ordering your copy today.
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[32:44.200 --> 32:48.920]  Versus the Lie, video and audio of the original 2009 seminar, hundreds of research documents
[32:48.920 --> 32:50.800]  and other useful resource material.
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[33:32.600 --> 33:51.160]  Okay, we are back, Randy Kelton, Rule of Law Radio and we're talking to Tyler in Wyoming.
[33:51.160 --> 34:04.000]  Okay, Tyler, the Wyoming Criminal Procedure Code, Title 7, Chapter 5, Section 202, Charging
[34:04.000 --> 34:09.080]  of Duty, semicolon powers.
[34:09.080 --> 34:14.040]  After the grand jury is empaneled and sworn, the district judge shall charge the jurors
[34:14.040 --> 34:20.960]  as to their duties, particularly to the obligation of secrecy, which their oaths impose.
[34:20.960 --> 34:26.280]  And give them any information the court deems proper concerning any offenses known to the
[34:26.280 --> 34:31.520]  court and likely to come before the grand jury.
[34:31.520 --> 34:39.760]  The grand jury may inquire into any crimes committed or triable within the county and
[34:39.760 --> 34:44.220]  present them to the court by indictment.
[34:44.220 --> 34:52.200]  Now it tells the court that the court is to give them information, but it doesn't prevent
[34:52.200 --> 34:55.240]  anyone else from giving them information.
[34:55.240 --> 35:02.200]  And unless there's case law to that effect, then anyone can make it known to a grand jury
[35:02.200 --> 35:03.920]  that a crime has been committed.
[35:03.920 --> 35:14.560]  If Wyoming law indicates that only the district court may present cases to the grand jury,
[35:14.560 --> 35:18.900]  then you file your complaint with the district court.
[35:18.900 --> 35:23.600]  And then if the district court, if you don't hear from the grand jury, then you file against
[35:23.600 --> 35:30.080]  the district court, accusing them of secreting your complaint from a grand jury.
[35:30.080 --> 35:39.160]  That's just read the code, follow the code, your Wyoming code is a little more restrictive
[35:39.160 --> 35:45.200]  than Texas in that regard and a little less informative.
[35:45.200 --> 35:54.720]  Because Texas law says the grand jury shall investigate into any crimes subject to indictment
[35:54.720 --> 35:56.880]  that come to their knowledge.
[35:56.880 --> 36:04.360]  By way of any member of the grand jury, the prosecuting attorney, or any credible person.
[36:04.360 --> 36:12.960]  Well, this one doesn't say that, it does command the district court to see after grand jury
[36:12.960 --> 36:19.520]  and panelists warn the district judge shall charge the jurors as to their duties and obligations.
[36:19.520 --> 36:25.200]  And give them any information the court deems proper concerning any offenses known to the
[36:25.200 --> 36:29.600]  court and likely to come before the grand jury.
[36:29.600 --> 36:35.680]  That sounds disturbingly restrictive.
[36:35.680 --> 36:36.680]  It does.
[36:36.680 --> 36:44.200]  It appears to give the district court discretion.
[36:44.200 --> 36:49.120]  But that's easy, that's okay, because it's easy enough to attack.
[36:49.120 --> 36:54.960]  And when I file criminal complaints against public officials, I'm really not so concerned
[36:54.960 --> 36:57.720]  about getting anybody indicted.
[36:57.720 --> 37:02.840]  I'm more concerned about changing their behavior.
[37:02.840 --> 37:11.600]  So if I file a criminal complaint against a public official that's absolutely dead bang.
[37:11.600 --> 37:21.600]  And it's sufficient evidence to convict not just to allege and the district judge doesn't
[37:21.600 --> 37:23.720]  give it to the grand jury.
[37:23.720 --> 37:33.040]  Instead, we accused the district judge instead of deciding what the court deems proper concerning
[37:33.040 --> 37:35.800]  offenses.
[37:35.800 --> 37:43.760]  We accused the judge not of deciding what he deems proper, but of exercising judicial
[37:43.760 --> 37:50.900]  caprice and deciding who he wants to have prosecuted and who he does not want to have
[37:50.900 --> 37:59.480]  prosecuted and claim that the judge does not have power to decide to whom the law applies
[37:59.480 --> 38:10.160]  and to whom it does not and charged the judge with official misconduct.
[38:10.160 --> 38:16.920]  The whole idea is when the judge does what the judge wants to do, you call him on it.
[38:16.920 --> 38:24.000]  Put him on the carpet and charge the judge with official misconduct.
[38:24.000 --> 38:31.800]  And you just keep, whatever they do, you turn the heat up.
[38:31.800 --> 38:38.600]  It gets to be kind of fun when you get these guys squirming.
[38:38.600 --> 38:42.320]  They are not good at defending themselves.
[38:42.320 --> 38:47.040]  They're good at prosecuting you, but when it comes to defending themselves, they suck.
[38:47.040 --> 38:50.240]  And that's because they're not accustomed to it.
[38:50.240 --> 38:54.020]  They're used to people doing whatever they say, no matter what.
[38:54.020 --> 38:56.560]  They're not used to somebody coming back at them.
[38:56.560 --> 39:01.640]  Yeah, that's an example of power pushing, yeah.
[39:01.640 --> 39:07.280]  And when somebody comes back at them, they generally act stupid.
[39:07.280 --> 39:08.280]  And that's what we want.
[39:08.280 --> 39:13.400]  The more stupid they act, the more mud we get to sling at them, the more political cannon
[39:13.400 --> 39:20.240]  fodder we produce against them, and the more they're not gonna want this to happen again.
[39:20.240 --> 39:31.320]  Okay, do you have anything else for us or did I answer all your questions?
[39:31.320 --> 39:32.560]  Just about.
[39:32.560 --> 39:38.080]  I asked the one and then we got cut off from the break where when I put in the motion dismissed,
[39:38.080 --> 39:40.640]  I asked for a hearing on it before it was denied.
[39:40.640 --> 39:43.440]  I insisted on that and he just denied it.
[39:43.440 --> 39:45.120]  Is there any recourse to that?
[39:45.120 --> 39:48.160]  Because I asked what he said for hearing.
[39:48.160 --> 39:52.560]  Just ask for findings of fact and conclusions at law.
[39:52.560 --> 39:53.560]  Of what?
[39:53.560 --> 39:54.560]  He denied it?
[39:54.560 --> 39:55.560]  Yeah.
[39:55.560 --> 40:03.280]  The judge can dismiss a pleading sui sponte without oral argument.
[40:03.280 --> 40:06.080]  He's not required to hear oral argument.
[40:06.080 --> 40:07.080]  Okay.
[40:07.080 --> 40:16.040]  But if you maintain that he dismissed it improperly, and it's obvious that it was improper, then
[40:16.040 --> 40:21.960]  you can claim that he failed to determine the facts and apply the law, call that a due
[40:21.960 --> 40:29.360]  process violation, and petition a grand jury to make a determination.
[40:29.360 --> 40:32.040]  Okay.
[40:32.040 --> 40:40.320]  Or you can file in the Fed if the judge tries to control the grand jury in the state, just
[40:40.320 --> 40:42.560]  file against him in the Fed.
[40:42.560 --> 40:46.560]  Now that's a whole different ball of wax.
[40:46.560 --> 40:50.760]  If you decide to file against him in the Fed, we can give you a whole procedure of how to
[40:50.760 --> 40:53.120]  go about doing that.
[40:53.120 --> 40:54.120]  Okay.
[40:54.120 --> 41:01.560]  And when you get the feds mad at the local court, you're gonna have their attention.
[41:01.560 --> 41:06.400]  Now the last question, Randy, I know you got the callers.
[41:06.400 --> 41:11.560]  I'm probably gonna have to go into this sham trial and question the officer.
[41:11.560 --> 41:17.160]  Did you keep the questions pretty much focused on transportation, like Eddie talked about,
[41:17.160 --> 41:20.640]  or do you- Yeah, I avoid the merits.
[41:20.640 --> 41:26.320]  When you go to the merits, you go to the discretion of the court.
[41:26.320 --> 41:31.520]  You wanna go to subject matter jurisdiction of the court, and that is not within the courts.
[41:31.520 --> 41:32.520]  Discretion.
[41:32.520 --> 41:38.080]  What I look for the prosecutor to do is object and say that the officer is not qualified
[41:38.080 --> 41:42.200]  to answer certain questions about this law or whatever in that law.
[41:42.200 --> 41:45.400]  What's your response to that?
[41:45.400 --> 41:52.160]  Your Honor, this officer is sitting here in his uniform.
[41:52.160 --> 41:58.680]  Before this court, in his special capacity as a police officer charged with enforcing
[41:58.680 --> 42:07.520]  the law, it is unreasonable to construe that an officer authorized to enforce the law can
[42:07.520 --> 42:12.400]  be ignorant of that law.
[42:12.400 --> 42:17.920]  Is it a position of this court that the officer can do anything he wants to and he doesn't
[42:17.920 --> 42:21.400]  have to know anything about his job?
[42:21.400 --> 42:24.400]  That's ludicrous.
[42:24.400 --> 42:27.600]  And get the objection on the record?
[42:27.600 --> 42:28.600]  Okay.
[42:28.600 --> 42:33.600]  Well, you've been helpful, Randy, and I've enjoyed talking with you.
[42:33.600 --> 42:35.400]  I appreciate you.
[42:35.400 --> 42:36.400]  Okey-doke.
[42:36.400 --> 42:41.480]  Thank you for calling, and now we're gonna go to Leslie in Pennsylvania.
[42:41.480 --> 42:46.280]  Oh, Leslie's not in Pennsylvania anymore, but Leslie in Arizona.
[42:46.280 --> 42:48.280]  Hello, Ms. Leslie.
[42:48.280 --> 42:49.280]  Hi.
[42:49.280 --> 42:52.840]  I have a couple of questions and a short story first.
[42:52.840 --> 42:53.840]  Okay.
[42:53.840 --> 42:54.840]  Okay.
[42:54.840 --> 43:00.600]  We got one minute before break, so I may interrupt you.
[43:00.600 --> 43:01.600]  So go ahead.
[43:01.600 --> 43:02.600]  Okay.
[43:02.600 --> 43:08.880]  Ms. Deborah filed titles, then they filed a counterclaim for foreclosure.
[43:08.880 --> 43:18.080]  She went to bankruptcy and filed two separate adversarial actions, one against the servicer
[43:18.080 --> 43:20.640]  and one against the lender.
[43:20.640 --> 43:27.680]  One is in the federal district court as an appeal and the other is in the Fifth Circuit
[43:27.680 --> 43:28.880]  Court of Appeal.
[43:28.880 --> 43:35.960]  My question is, does she still have the automatic bankruptcy stay?
[43:35.960 --> 43:41.440]  Has the stay been officially lifted by the court?
[43:41.440 --> 43:42.440]  Not yet.
[43:42.440 --> 43:45.800]  Then it's still in place.
[43:45.800 --> 43:47.400]  It's in place until it's lifted.
[43:47.400 --> 43:48.400]  Hang on.
[43:48.400 --> 43:49.400]  Going to break.
[43:49.400 --> 43:51.840]  I'm Mike Kelton for The Rule of Law Radio.
[43:51.840 --> 43:55.800]  I call in number 512-646-1984.
[43:55.800 --> 43:57.800]  We'll be right back.
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[46:22.240 --> 46:43.000]  Okay, we are back.
[46:43.000 --> 46:48.960]  Randy Kelton, Rule of Law Radio and we're talking to Leslie in Pennsylvania.
[46:48.960 --> 46:56.800]  Okay, when you file for bankruptcy and automatic stay is put in place and that automatic stays
[46:56.800 --> 47:03.660]  does not automatically lift, the court will have to lift it.
[47:03.660 --> 47:07.000]  So if it hasn't been lifted, it should still be in place.
[47:07.000 --> 47:15.600]  All right, now the other court, the county court has before them still the quiet title
[47:15.600 --> 47:20.080]  and the judicial foreclosure issues.
[47:20.080 --> 47:27.040]  Now Deborah had gotten a motion for summary judgment and the response that I put up in
[47:27.040 --> 47:33.440]  Skype for you and today she received an order that because she did not respond to the motion
[47:33.440 --> 47:38.240]  for summary judgment that all of the issues have been settled.
[47:38.240 --> 47:41.720]  Now how can they do that if there's an automatic stay?
[47:41.720 --> 47:50.140]  Well, the automatic stay just prevents them from foreclosing until there is an adjudication
[47:50.140 --> 47:54.200]  of the case.
[47:54.200 --> 47:59.520]  Once the case is adjudicated, then the court loses preliminary jurisdiction and the automatic
[47:59.520 --> 48:04.320]  stays no longer effective, about 30 days after the final adjudication.
[48:04.320 --> 48:11.520]  Okay, well, how can they do a motion for summary judgment when there's a stay on there?
[48:11.520 --> 48:16.320]  Because if they're on the foreclosure and the quiet title.
[48:16.320 --> 48:24.800]  The stay is only, the only thing the stay goes to is eviction.
[48:24.800 --> 48:30.800]  It doesn't stay foreclosure, it stays eviction.
[48:30.800 --> 48:33.840]  A judicial foreclosure also?
[48:33.840 --> 48:36.280]  Yes.
[48:36.280 --> 48:43.480]  The federal court cannot stay a state court.
[48:43.480 --> 48:50.280]  That would, the Rucker-Feldman doctrine, that would be an unreasonable preemption of the
[48:50.280 --> 48:52.040]  state court.
[48:52.040 --> 49:02.580]  They can stay the holder, the current holder of the property from evicting the person.
[49:02.580 --> 49:04.660]  That's what the stay goes to.
[49:04.660 --> 49:09.960]  It doesn't go to the court at all, it goes to the individual, because the feds have no
[49:09.960 --> 49:14.760]  power to stay a JP court.
[49:14.760 --> 49:19.520]  In New Jersey and in Pennsylvania, they cannot even file a foreclosure if there's an automatic
[49:19.520 --> 49:21.160]  stay on.
[49:21.160 --> 49:28.800]  Well, as far as I know, they can in Texas, it doesn't.
[49:28.800 --> 49:37.280]  And that maybe goes to bankruptcy law, and bankruptcy is a little out of my area of expertise.
[49:37.280 --> 49:42.800]  I have some knowledge, but not just enough to be dangerous.
[49:42.800 --> 49:50.600]  As to the stay, so far as I know, the stay only goes to eviction.
[49:50.600 --> 49:59.880]  And I can understand where the court could stay a judicial foreclosure.
[49:59.880 --> 50:04.840]  They cannot issue an order staying the court.
[50:04.840 --> 50:09.400]  They can only issue an order staying the plaintiff.
[50:09.400 --> 50:10.720]  Right.
[50:10.720 --> 50:26.200]  Yes, so when the stay was issued in this case was a, okay, there was a foreclosure in process
[50:26.200 --> 50:27.840]  already?
[50:27.840 --> 50:29.720]  Yeah.
[50:29.720 --> 50:33.540]  The feds can't stay that foreclosure process.
[50:33.540 --> 50:38.680]  They can only stay eviction.
[50:38.680 --> 50:45.080]  Since the court has jurisdiction over the foreclosure issue, the feds don't have anything
[50:45.080 --> 50:48.600]  to say about it.
[50:48.600 --> 50:53.440]  We had a case here in Texas where we had a shopping mall, is one I used to go to all
[50:53.440 --> 50:54.440]  the time.
[50:54.440 --> 51:00.600]  And south of it, there was a large area of single family homes.
[51:00.600 --> 51:06.840]  And the mall wanted to expand their homes, their mall into that area.
[51:06.840 --> 51:09.920]  But the homeowners didn't want to sell.
[51:09.920 --> 51:14.440]  The issue went all the way to the state supreme.
[51:14.440 --> 51:26.100]  And the state supreme said that under Texas law, the state could exercise imminent domain
[51:26.100 --> 51:34.880]  if they could, the taxes on the property would create more revenue for the state by transferring
[51:34.880 --> 51:37.840]  it to another owner.
[51:37.840 --> 51:40.380]  And everybody was up in arms.
[51:40.380 --> 51:49.680]  But what the Fed said is Texas state law authorizes them to do this.
[51:49.680 --> 51:57.280]  Whether it's fair or reasonable is not our place to determine.
[51:57.280 --> 52:04.860]  If you are unhappy with this outcome, you must take it to your state legislature.
[52:04.860 --> 52:12.760]  We have no power to force our opinion on the state.
[52:12.760 --> 52:21.280]  So the state has original jurisdiction over a foreclosure issue.
[52:21.280 --> 52:29.400]  And under Rooker Feldman and this more recent case going to imminent domain, the federal
[52:29.400 --> 52:35.000]  court has no power to interfere with the state court.
[52:35.000 --> 52:36.360]  Question.
[52:36.360 --> 52:41.400]  What is she now that she's got this final summary judgment on her?
[52:41.400 --> 52:45.200]  And they didn't look at her response to the motion for summary judgment.
[52:45.200 --> 52:46.200]  I put it up-
[52:46.200 --> 52:53.160]  Hold on, hold on, you're saying she filed a response to summary judgment and they didn't
[52:53.160 --> 52:54.160]  address it?
[52:54.160 --> 52:59.360]  No, they said she didn't file a motion for a response.
[52:59.360 --> 53:01.440]  Does she have a stamped copy?
[53:01.440 --> 53:02.440]  Yes.
[53:02.440 --> 53:04.320]  That's good enough.
[53:04.320 --> 53:07.440]  Did she file an appeal?
[53:07.440 --> 53:09.400]  Yeah, okay.
[53:09.400 --> 53:11.120]  So what you mean-
[53:11.120 --> 53:15.320]  And file a request for findings of fact and conclusions of law.
[53:15.320 --> 53:16.320]  Yeah.
[53:16.320 --> 53:26.320]  Where she has a stamped copy, is that motion in the court record?
[53:26.320 --> 53:28.280]  Yes.
[53:28.280 --> 53:35.880]  File criminal charges against the judge with the SAC.
[53:35.880 --> 53:38.240]  Yeah.
[53:38.240 --> 53:39.240]  We have case-
[53:39.240 --> 53:50.280]  I just put the summary judgment up there in Skype for you about half an hour ago.
[53:50.280 --> 53:53.680]  I didn't, I've been on the show so I hadn't had time to look at it.
[53:53.680 --> 53:54.680]  Yeah.
[53:54.680 --> 53:59.900]  But anyway, yeah, I was thinking, did she file a motion for reconsideration and attach
[53:59.900 --> 54:03.160]  a copy of the response for motion for justice response?
[54:03.160 --> 54:10.400]  First, yes, file a motion for reconsideration and a request for, did she give a judgment
[54:10.400 --> 54:13.060]  with the ruling?
[54:13.060 --> 54:16.520]  In the federal court, there must be an order and a judgment.
[54:16.520 --> 54:21.120]  The judgment is finding defect in conclusion to the law.
[54:21.120 --> 54:22.120]  Did she get a judgment?
[54:22.120 --> 54:27.800]  It was an order first, she just got the judgment for final summary judgment.
[54:27.800 --> 54:34.240]  Okay, hold on, hold on, let's get our terminology straight.
[54:34.240 --> 54:38.920]  Did she get findings of fact and conclusions at law?
[54:38.920 --> 54:43.320]  Okay, before you answer, let me take a step back and explain that.
[54:43.320 --> 54:49.600]  In the federal court, the court will issue an order and it will just say what the judge
[54:49.600 --> 54:51.540]  rules.
[54:51.540 --> 54:54.580]  But that's not final in the federal court.
[54:54.580 --> 55:02.680]  There must also be a judgment, and the judgment is findings of fact and conclusions at law.
[55:02.680 --> 55:09.240]  The judge must produce it, until the judge produces it, there is no final adjudication.
[55:09.240 --> 55:11.280]  Right.
[55:11.280 --> 55:13.440]  So did she get a judgment?
[55:13.440 --> 55:14.440]  No.
[55:14.440 --> 55:20.440]  Okay, then there's not a final adjudication.
[55:20.440 --> 55:28.840]  Just a judgment before you ask for reconsideration, cuz you don't know what to reconsider.
[55:28.840 --> 55:35.840]  And there is no final judgment in the federal court until you have that judgment.
[55:35.840 --> 55:39.360]  She has to ask for findings of fact and conclusions of law?
[55:39.360 --> 55:44.260]  No, she asked for a judgment.
[55:44.260 --> 55:46.400]  The federal court's a little bit different than the state.
[55:46.400 --> 55:50.520]  When the state court issues an order, that's a final determination.
[55:50.520 --> 55:57.480]  In the federal court, there's no final adjudication until there is a judgment filed.
[55:57.480 --> 56:05.080]  This is the state court that issued the summary judgment, the state court.
[56:05.080 --> 56:07.600]  I'm misunderstanding.
[56:07.600 --> 56:14.360]  Okay, the state court, how long ago did they issue?
[56:14.360 --> 56:17.080]  She issued it today.
[56:17.080 --> 56:18.080]  Okay.
[56:18.080 --> 56:30.880]  You've got 20 days to request findings of fact and conclusions at law under Rule 297.
[56:30.880 --> 56:37.800]  And the judge has 20 days to produce findings of fact and conclusions at law.
[56:37.800 --> 56:44.280]  We just filed criminal charges against a district judge, because he did not produce findings
[56:44.280 --> 56:48.440]  of fact and conclusions at law within 20 days.
[56:48.440 --> 57:00.120]  The statute says the judge shall produce findings of fact and conclusions at law within 20 days.
[57:00.120 --> 57:04.020]  Shall does not mean may matter can if he wants to.
[57:04.020 --> 57:08.960]  The judge did not produce a move within 20 days, failed to perform a duty is required
[57:08.960 --> 57:13.920]  to perform it in the process, denied the litigant, the full free access to her enjoyment, right?
[57:13.920 --> 57:18.760]  That's class A misdemeanor official oppression, the way I read the law in Texas.
[57:18.760 --> 57:19.760]  So-
[57:19.760 --> 57:20.760]  Okay.
[57:20.760 --> 57:25.120]  Read 297, rules of civil procedure.
[57:25.120 --> 57:32.560]  Okay, Randy, the judge said that the plaintiff failed to file any response there to.
[57:32.560 --> 57:39.120]  And that in order that the final summary judgment resolves all claims between parties and it's
[57:39.120 --> 57:40.680]  dismissed with prejudice.
[57:40.680 --> 57:43.440]  Okay, that's easy enough.
[57:43.440 --> 57:47.800]  Just dismissals with prejudice get overturned.
[57:47.800 --> 57:56.240]  So this goes to nuns protunk, an error on the part of the judge.
[57:56.240 --> 57:59.360]  One of two things is going on here.
[57:59.360 --> 58:09.520]  Either there is a response in the record, if there's not, the clerk committed tampering
[58:09.520 --> 58:10.520]  with a government document.
[58:10.520 --> 58:14.720]  Well, there is a response, I saw it on the docket.
[58:14.720 --> 58:19.440]  Okay, then if there is one obviously in the record, then you file criminal charges against
[58:19.440 --> 58:20.720]  the judge.
[58:20.720 --> 58:25.880]  You file a motion to disqualify for judicial incompetence.
[58:25.880 --> 58:29.720]  The judge filed the request for disclosure.
[58:29.720 --> 58:36.800]  If they don't respond to it, you ask the court of appeals for a real mandamus ordering him
[58:36.800 --> 58:41.760]  to produce it because you have reason to believe he's been paid off.
[58:41.760 --> 58:46.760]  Incontinence to rid of mandamus.
[58:46.760 --> 58:50.200]  Rid of mandamus ordering the judge.
[58:50.200 --> 58:54.360]  Would you like to make more definite progress in your walk with God?
[58:54.360 --> 58:59.520]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.520 --> 59:00.860]  can really help.
[59:00.860 --> 59:05.320]  The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.320 --> 59:06.320]  today.
[59:06.320 --> 59:10.280]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.280 --> 59:13.380]  to know God and to know the meaning of life.
[59:13.380 --> 59:18.640]  The free books are a three volume set called Basic Elements of the Christian Life.
[59:18.640 --> 59:22.900]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:22.900 --> 59:27.840]  of salvation, growing in Christ, and how to build up the church.
[59:27.840 --> 59:32.840]  To order your free New Testament recovery version and Basic Elements of the Christian
[59:32.840 --> 59:40.600]  Life, call Bibles for America toll free at 888-551-0102.
[59:40.600 --> 59:47.480]  That's 888-551-0102 or visit us online at bfa.org.
[59:47.480 --> 01:00:00.560]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.560 --> 01:00:08.520]  And following these flashes brought to you by the Lone Star Lowdown.
[01:00:08.520 --> 01:00:15.280]  Markets for Wednesday, the 7th of March, 2018 are trading with gold at $1,327.21 an ounce,
[01:00:15.280 --> 01:00:24.480]  silver at $16.49 an ounce, Texas crude at $62.60 a barrel, Bitcoin is at $9,883.87,
[01:00:24.480 --> 01:00:34.560]  Ethereum $748.18, Bitcoin Cash $1,086.63, and finally Litecoins at $181.10 a crypto
[01:00:34.560 --> 01:00:36.560]  coin.
[01:00:36.560 --> 01:00:41.040]  Today in History.
[01:00:41.040 --> 01:00:42.040]  The year?
[01:00:42.040 --> 01:00:43.040]  1989.
[01:00:43.040 --> 01:00:47.800]  Iran and the United Kingdom break diplomatic relations after a fight over Simon Rushdie's
[01:00:47.800 --> 01:00:54.880]  controversial novel, The Satanic Verses, today in History.
[01:00:54.880 --> 01:00:59.800]  In recent news, President Trump's top economic advisor, Gary D. Cohen, stated yesterday,
[01:00:59.800 --> 01:01:01.880]  Tuesday, that he was indeed resigning.
[01:01:01.880 --> 01:01:06.240]  This after giving a heads up last week that he was considering doing so if President Trump
[01:01:06.240 --> 01:01:10.920]  decided to follow through with his tariffs on imported aluminum and steel.
[01:01:10.920 --> 01:01:14.400]  Of course, with President Trump's announcement last week that he would indeed levy tariffs
[01:01:14.400 --> 01:01:19.120]  on aluminum and steel imports, the reason for Mr. Cohen's departure seems obvious for
[01:01:19.120 --> 01:01:27.680]  many considering he was one of the lone vocal opponents of any such measures in the administration.
[01:01:27.680 --> 01:01:32.520]  According to a report by the Daily Mail, skeletal biology expert Richard Jantz out of the University
[01:01:32.520 --> 01:01:37.080]  of Tennessee believes he may have found the skeletal remains of Amelia Earhart on a Pacific
[01:01:37.080 --> 01:01:38.080]  Island.
[01:01:38.080 --> 01:01:42.760]  Amelia went missing in 1937 when her plane and navigator, Fred Noonan, were never to
[01:01:42.760 --> 01:01:45.200]  be found, at least until now.
[01:01:45.200 --> 01:01:49.460]  Richard Jantz stated that, what I can say scientifically is that they, the recent Pacific
[01:01:49.460 --> 01:01:52.800]  Island remains, are 99% likely to be hers.
[01:01:52.800 --> 01:01:56.440]  Interesting timing for this finding to be released considering that the 1932 Hudson
[01:01:56.440 --> 01:02:01.600]  Essex Terraplane, which once belonged to Earhart, was reportedly stolen on Friday, February
[01:02:01.600 --> 01:02:07.920]  23rd, 2018, only to be found three days later on the street corner in the Sereno neighborhood
[01:02:07.920 --> 01:02:13.440]  in L.A.
[01:02:13.440 --> 01:02:17.440]  The crypto market took a big blow today, Wednesday, with the top ten currencies suffering five
[01:02:17.440 --> 01:02:18.960]  to ten percent losses.
[01:02:18.960 --> 01:02:21.820]  This downturn right after the Securities and Exchange Commission announced that it would
[01:02:21.820 --> 01:02:25.900]  be requiring digital asset exchanges to register with them.
[01:02:25.900 --> 01:02:30.080]  According to the SEC statement, quote, if a platform offers trading of digital assets
[01:02:30.080 --> 01:02:34.920]  that are securities and operates as an exchange, as defined by the federal securities laws,
[01:02:34.920 --> 01:02:40.320]  then the platform must register with the SEC as a national securities exchange, or be exempt
[01:02:40.320 --> 01:02:41.320]  from registration.
[01:02:41.320 --> 01:02:47.200]  The Lone Star Lowdown is looking for sponsors, if a product or a service you'd like to advertise
[01:02:47.200 --> 01:02:53.420]  with us, feel free to give me a call at 210-363-2257.
[01:02:53.420 --> 01:03:03.720]  This was Rick Rohde with your lowdown for March 7th, 2018.
[01:03:03.720 --> 01:03:29.120]  OK, we are back, Randy Kelton, ruler of Laredo, and we're talking to Miss Leslie in Pennsylvania.
[01:03:29.120 --> 01:03:33.400]  We officially dubbed Bad Grandma.
[01:03:33.400 --> 01:03:35.440]  Don't mess with Miss Leslie.
[01:03:35.440 --> 01:03:45.000]  OK, let me check something, I'm running the boards tonight, so minor error here and there.
[01:03:45.000 --> 01:03:47.280]  OK, I got the bumper music off.
[01:03:47.280 --> 01:03:48.280]  OK.
[01:03:48.280 --> 01:03:52.200]  Where were we, Miss Leslie?
[01:03:52.200 --> 01:03:53.200]  OK.
[01:03:53.200 --> 01:04:04.720]  So on the last judgment, the final summary judgment, you said to file a writ of mandamus
[01:04:04.720 --> 01:04:07.000]  and a removal for incompetence.
[01:04:07.000 --> 01:04:10.920]  Well, let me back up a little bit.
[01:04:10.920 --> 01:04:19.080]  I wasn't quite understanding what's going on, and if the judge ruled that there was
[01:04:19.080 --> 01:04:27.360]  no response when there was a response, that sounds like a mistake.
[01:04:27.360 --> 01:04:36.360]  And that should probably get an immediate motion for reconsideration based on an error
[01:04:36.360 --> 01:04:38.800]  by the court.
[01:04:38.800 --> 01:04:45.000]  And notice the court that in fact, there was a response, was the response timely?
[01:04:45.000 --> 01:04:46.000]  Yes.
[01:04:46.000 --> 01:04:52.880]  Then there was a timely response, include a copy of the timely response with the file
[01:04:52.880 --> 01:05:01.000]  stamp on it, and ask the court to reconsider its decision.
[01:05:01.000 --> 01:05:11.080]  Once you file that, the judge has 75 days to respond.
[01:05:11.080 --> 01:05:21.560]  If the judge does not respond within 75 days, your request is denied as a matter of law.
[01:05:21.560 --> 01:05:25.120]  And that stops the appeal clock for that amount of time.
[01:05:25.120 --> 01:05:32.740]  On the 76th day, you file a petition for findings of fact and conclusions at law, and you can
[01:05:32.740 --> 01:05:38.600]  be relatively sure that the judge will not produce one.
[01:05:38.600 --> 01:05:46.400]  But I just exercised a strategy that the judges are probably not accustomed to.
[01:05:46.400 --> 01:05:58.000]  Because the way I read Rule 297, it says that when a request is made, the judge shall produce
[01:05:58.000 --> 01:06:03.760]  findings of fact and conclusions at law within 20 days.
[01:06:03.760 --> 01:06:09.080]  In our case, on the 21st day, we filed official oppression against the judge.
[01:06:09.080 --> 01:06:14.880]  Say, try that out, smart guy, we'll see how that works for you.
[01:06:14.880 --> 01:06:24.680]  And then we file a notice of late findings of fact that's necessary in order to preserve
[01:06:24.680 --> 01:06:25.680]  the error.
[01:06:25.680 --> 01:06:30.860]  And then the judge has another 20 days in which to file.
[01:06:30.860 --> 01:06:43.400]  So get that 297 and read it, and this will stick them in there for a while.
[01:06:43.400 --> 01:06:50.760]  But almost always on a default judgment, a dispositive default judgment, 75% of them
[01:06:50.760 --> 01:06:53.000]  get overturned on appeal.
[01:06:53.000 --> 01:06:57.840]  And I would definitely go after the judge criminally.
[01:06:57.840 --> 01:07:02.800]  Yeah, when you read my response that I wrote for her.
[01:07:02.800 --> 01:07:09.080]  No, I've been on the show since you sent it, I didn't have time to do that.
[01:07:09.080 --> 01:07:13.680]  But when you do read it, you will see there is no way that she should have lost the motion
[01:07:13.680 --> 01:07:15.260]  for summary judgment.
[01:07:15.260 --> 01:07:22.720]  They filed it against her, and they don't have a case to get a summary judgment.
[01:07:22.720 --> 01:07:26.400]  Because they're saying she has no case to get a quiet title.
[01:07:26.400 --> 01:07:32.040]  Has she filed a request for financial disclosure from the judge?
[01:07:32.040 --> 01:07:34.040]  I don't think so.
[01:07:34.040 --> 01:07:35.520]  She needs to do that.
[01:07:35.520 --> 01:07:40.000]  Send me an email, I'll send you a copy of it.
[01:07:40.000 --> 01:07:41.000]  Or have I sent you that?
[01:07:41.000 --> 01:07:43.320]  I think I've sent that to you.
[01:07:43.320 --> 01:07:49.080]  But if you don't have it, send me a request for it, I'll send it to you.
[01:07:49.080 --> 01:07:50.880]  Okay.
[01:07:50.880 --> 01:07:58.880]  It goes through all of the ways that have been discovered that judges have laundered
[01:07:58.880 --> 01:08:02.080]  their payoff money.
[01:08:02.080 --> 01:08:03.080]  Okay.
[01:08:03.080 --> 01:08:10.880]  And a lot of times when judges get these, all of a sudden you get a new judge.
[01:08:10.880 --> 01:08:11.880]  Okay.
[01:08:11.880 --> 01:08:16.940]  Cuz they see that, and they see that you're coming after them and looking behind the curtain.
[01:08:16.940 --> 01:08:22.920]  And they do not want you looking behind their curtain.
[01:08:22.920 --> 01:08:30.440]  If that is the case, then I suggest that she still go after the judge for official oppression.
[01:08:30.440 --> 01:08:33.860]  These judges are used to doing anything they want to.
[01:08:33.860 --> 01:08:37.480]  And nobody holds their feet to the fire.
[01:08:37.480 --> 01:08:43.600]  We should make judges terrified of pro se litigants.
[01:08:43.600 --> 01:08:47.440]  Cuz we can hold their feet to the fire.
[01:08:47.440 --> 01:08:57.080]  I'll have her file this on Monday, the, yeah.
[01:08:57.080 --> 01:09:04.760]  Send me an email to remind me, and I will send you the request for finding the fact
[01:09:04.760 --> 01:09:09.580]  that I made up for these people, for Tim.
[01:09:09.580 --> 01:09:11.840]  And you can look at the form I used.
[01:09:11.840 --> 01:09:15.200]  I took this out of the statute.
[01:09:15.200 --> 01:09:16.200]  Okay.
[01:09:16.200 --> 01:09:19.280]  It's pretty simple and straightforward.
[01:09:19.280 --> 01:09:25.840]  It is always much better if you have a findings of fact and conclusions of law.
[01:09:25.840 --> 01:09:33.800]  So you include that with your request and ask the court to either accept yours or file
[01:09:33.800 --> 01:09:36.540]  his own.
[01:09:36.540 --> 01:09:40.040]  And the findings of fact and conclusions of law will be helpful.
[01:09:40.040 --> 01:09:45.120]  That's not a waste of time to write it because when you file the appeal, you'll have most
[01:09:45.120 --> 01:09:47.320]  of it already written.
[01:09:47.320 --> 01:09:57.160]  Or when you find a motion for reconsideration, you will want to file your own brief and ask
[01:09:57.160 --> 01:10:05.880]  the court to accept your brief or produce one of his own, a showing of why he ruled
[01:10:05.880 --> 01:10:06.880]  the way he did.
[01:10:06.880 --> 01:10:08.600]  And then he's gonna deny that.
[01:10:08.600 --> 01:10:12.160]  And then you ask for findings of fact, and you put the same thing in, and he's gonna
[01:10:12.160 --> 01:10:13.160]  deny that.
[01:10:13.160 --> 01:10:18.480]  But when you get to appeal, you have most of your appeal already done.
[01:10:18.480 --> 01:10:25.040]  So it's kind of a good way to step up to the appeal in small steps.
[01:10:25.040 --> 01:10:26.040]  Okay.
[01:10:26.040 --> 01:10:27.040]  All right.
[01:10:27.040 --> 01:10:34.600]  Well, we'll do that motion for consideration, reconsideration on Monday will be filed.
[01:10:34.600 --> 01:10:35.600]  Okay.
[01:10:35.600 --> 01:10:41.280]  If you've got anything else interesting for us.
[01:10:41.280 --> 01:10:49.480]  No, I'm still waiting for my allocator in the Pennsylvania Supreme Court, so I'll stay.
[01:10:49.480 --> 01:10:53.320]  Okay, I hope you win that one.
[01:10:53.320 --> 01:10:56.520]  After all this time, you need to clean their clocks.
[01:10:56.520 --> 01:11:01.960]  Hey, it's been seven years.
[01:11:01.960 --> 01:11:02.960]  Seven years.
[01:11:02.960 --> 01:11:07.040]  That's almost as long as I've been on the radio.
[01:11:07.040 --> 01:11:10.440]  I've been on the radio for 10.
[01:11:10.440 --> 01:11:18.680]  But I'm getting close to a tool that will help us take them to task much better.
[01:11:18.680 --> 01:11:28.880]  This electronic lawyer I'm building, the closer I get to implementation, the more devastating
[01:11:28.880 --> 01:11:31.440]  it looks.
[01:11:31.440 --> 01:11:37.320]  We've been complaining about the courts being out of control for a long time.
[01:11:37.320 --> 01:11:45.480]  This tool will give us something with which we can demonstrate exactly how out of control
[01:11:45.480 --> 01:11:52.880]  they are and extract remedy as a matter of course.
[01:11:52.880 --> 01:11:59.560]  You file a bunch of documents, you go into court, the judge screws up everything.
[01:11:59.560 --> 01:12:06.560]  The next day you come in and file all kind of charges against the judge and just wind
[01:12:06.560 --> 01:12:09.080]  his clock.
[01:12:09.080 --> 01:12:13.160]  Every step they make that's a step out of line, you got something in there going after
[01:12:13.160 --> 01:12:14.160]  him for it.
[01:12:14.160 --> 01:12:16.800]  It'll make these guys crazy.
[01:12:16.800 --> 01:12:18.040]  Yep.
[01:12:18.040 --> 01:12:25.340]  Okay, so I'm looking forward to have that up and online and I think a lot of these problems
[01:12:25.340 --> 01:12:27.800]  we're having will begin to go away.
[01:12:27.800 --> 01:12:32.880]  Okay, thank you very much, Ms. Leslie for calling and don't be a stranger.
[01:12:32.880 --> 01:12:35.920]  Okay, catch you later, bye bye.
[01:12:35.920 --> 01:12:37.440]  Okay, bye bye.
[01:12:37.440 --> 01:12:41.160]  Okay, now we're going to Brett in Texas.
[01:12:41.160 --> 01:12:42.920]  Hello, Brett.
[01:12:42.920 --> 01:12:45.600]  Well, good evening.
[01:12:45.600 --> 01:12:47.440]  Good evening.
[01:12:47.440 --> 01:12:50.400]  What do you have going on now?
[01:12:50.400 --> 01:12:53.080]  Oh my goodness.
[01:12:53.080 --> 01:13:02.200]  There's so much between filing criminal complaints and complaining to the appeals courts about
[01:13:02.200 --> 01:13:09.800]  all these errors, the judicial errors and yes, I'm pretty much churning out documents
[01:13:09.800 --> 01:13:12.120]  every evening.
[01:13:12.120 --> 01:13:17.360]  One of them that I thought that might be interesting to you is they called me in there for a trial
[01:13:17.360 --> 01:13:22.120]  on the merits and of course, you know, they did everything wrong like they always do,
[01:13:22.120 --> 01:13:28.320]  but one thing that seemed to get their attention that they didn't seem to know what to do
[01:13:28.320 --> 01:13:34.400]  with, they went ahead and denied it, but I filed a plea in abatement for failure to join
[01:13:34.400 --> 01:13:35.400]  a necessary party.
[01:13:35.400 --> 01:13:44.600]  You know, this is on the driving while license invalid allegation and well, they just didn't
[01:13:44.600 --> 01:13:45.920]  seem to know what to do with that.
[01:13:45.920 --> 01:13:51.360]  They gave each other, the judge and the prosecutor lady, they gave each other real quizzical
[01:13:51.360 --> 01:13:54.920]  looks like, well, what in the world is this?
[01:13:54.920 --> 01:13:55.920]  Okay.
[01:13:55.920 --> 01:13:59.600]  Who was the necessary party?
[01:13:59.600 --> 01:14:04.400]  If you're claiming that there was transportation, that's commerce and so you're claiming that
[01:14:04.400 --> 01:14:06.200]  somebody paid me to be behind the wheel.
[01:14:06.200 --> 01:14:07.200]  Who is that person?
[01:14:07.200 --> 01:14:08.200]  Bring them over here.
[01:14:08.200 --> 01:14:09.200]  Show them to me.
[01:14:09.200 --> 01:14:12.680]  Where's the person who did the operating?
[01:14:12.680 --> 01:14:16.800]  Who's the one that paid the driver?
[01:14:16.800 --> 01:14:20.800]  That is wonderful.
[01:14:20.800 --> 01:14:23.480]  That's why you get the big bucks.
[01:14:23.480 --> 01:14:32.680]  Plea in abatement for failure to include a necessary party.
[01:14:32.680 --> 01:14:38.200]  How is the person who paid you a necessary party?
[01:14:38.200 --> 01:14:44.640]  Well, they're claiming that the driving was while the license was invalid.
[01:14:44.640 --> 01:14:48.760]  So if they're going to claim that there was some driving activities, some transportation
[01:14:48.760 --> 01:14:59.160]  activity, well, they got to prove that there was somebody being paid.
[01:14:59.160 --> 01:15:03.080]  Now I guess they could do that by somebody swearing out an affidavit and saying they'd
[01:15:03.080 --> 01:15:08.160]  paid no, I was being paid to drive while I was sitting behind that wheel.
[01:15:08.160 --> 01:15:14.360]  But I would think it's a lot more reasonable to expect that they would produce a paying
[01:15:14.360 --> 01:15:15.360]  person.
[01:15:15.360 --> 01:15:16.360]  Right?
[01:15:16.360 --> 01:15:22.440]  Okay, well, I'm looking at the necessary party angle.
[01:15:22.440 --> 01:15:25.960]  It's a nice shot, but it won't stand up.
[01:15:25.960 --> 01:15:35.240]  That third party would be a witness, a necessary witness, because there's an element that hasn't
[01:15:35.240 --> 01:15:37.700]  been proven.
[01:15:37.700 --> 01:15:45.680]  They fail to prove all the elements of the charge, so you move for declaratory judgment.
[01:15:45.680 --> 01:15:51.640]  They fail to establish that you fell within the statutory scheme.
[01:15:51.640 --> 01:15:57.560]  Sure, and they already denied that one.
[01:15:57.560 --> 01:16:03.080]  Okay, so this is all good for appeal.
[01:16:03.080 --> 01:16:13.060]  When I was talking to Olivier in Tennessee, he wanted to take on traffic, the traffic
[01:16:13.060 --> 01:16:16.760]  issue as a right to liberty.
[01:16:16.760 --> 01:16:28.280]  And that really made sense, and that got us looking at the authority of the state to require
[01:16:28.280 --> 01:16:31.000]  a driver's license.
[01:16:31.000 --> 01:16:35.960]  And we'll get to that when we come back on the other side, we're about to go to break.
[01:16:35.960 --> 01:16:43.640]  But there's some issues in there that the states are deliberately misconstrued.
[01:16:43.640 --> 01:16:51.560]  This is Randy Kelton, Rule of Law Radio, our call-in number 512-646-1984.
[01:16:51.560 --> 01:17:00.040]  We'll be right back.
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[01:18:59.400 --> 01:19:06.400]  now.
[01:19:29.400 --> 01:19:43.640]  Okay.
[01:19:43.640 --> 01:19:44.640]  We are back.
[01:19:44.640 --> 01:19:50.120]  Randy Kelton, Rule of Law Radio, and we're talking to Brett in Texas.
[01:19:50.120 --> 01:19:51.120]  Okay.
[01:19:51.120 --> 01:19:54.440]  No, I think I've muted you.
[01:19:54.440 --> 01:19:55.440]  There you go, Brett.
[01:19:55.440 --> 01:19:56.440]  Okay.
[01:19:56.440 --> 01:19:57.440]  Now you're up.
[01:19:57.440 --> 01:19:59.680]  We have a number of cases going on.
[01:19:59.680 --> 01:20:04.240]  Have you filed the documents from the traffic ticket side?
[01:20:04.240 --> 01:20:05.240]  Yes.
[01:20:05.240 --> 01:20:09.720]  That's been ages ago.
[01:20:09.720 --> 01:20:10.720]  Have they not?
[01:20:10.720 --> 01:20:13.880]  I take it they just blew all of them off?
[01:20:13.880 --> 01:20:14.880]  Oh, yeah.
[01:20:14.880 --> 01:20:19.600]  They just trample all over everything as fast as they can.
[01:20:19.600 --> 01:20:20.600]  Oh, good.
[01:20:20.600 --> 01:20:21.600]  We need to...
[01:20:21.600 --> 01:20:23.720]  Have you filed criminal charges against the judge?
[01:20:23.720 --> 01:20:24.720]  Yes.
[01:20:24.720 --> 01:20:30.080]  And that judge faded away and I got a different judge and I filed criminal charges against
[01:20:30.080 --> 01:20:32.480]  the different judge as well.
[01:20:32.480 --> 01:20:33.480]  Okay.
[01:20:33.480 --> 01:20:38.880]  Has anything happened as a result of your filing the charges?
[01:20:38.880 --> 01:20:41.680]  Did you get any response back?
[01:20:41.680 --> 01:20:42.680]  No.
[01:20:42.680 --> 01:20:43.680]  Nothing.
[01:20:43.680 --> 01:20:49.640]  Who did you file the charges with?
[01:20:49.640 --> 01:20:54.680]  With the district judges in the county.
[01:20:54.680 --> 01:20:59.480]  Did you file criminal charges against the district judge?
[01:20:59.480 --> 01:21:00.480]  Not yet.
[01:21:00.480 --> 01:21:01.480]  That's the next step.
[01:21:01.480 --> 01:21:02.480]  Okay.
[01:21:02.480 --> 01:21:07.000]  I've got three district judges wrapped up in this right now and I'm going to fix them
[01:21:07.000 --> 01:21:09.040]  and start turning them on each other.
[01:21:09.040 --> 01:21:10.040]  Yeah.
[01:21:10.040 --> 01:21:15.360]  That's when it starts getting hot because for the guys at the bottom because the district
[01:21:15.360 --> 01:21:18.800]  judge didn't have anything to do with this.
[01:21:18.800 --> 01:21:25.280]  The municipal court takes this citizen and gets him all PO'd and the citizen comes up
[01:21:25.280 --> 01:21:29.580]  the line and starts stomping all over the district judge.
[01:21:29.580 --> 01:21:37.560]  And the district judge knows that the one person he can't do anything about is the person
[01:21:37.560 --> 01:21:41.880]  who picked the fight with him.
[01:21:41.880 --> 01:21:49.160]  But this person, the judge has no jurisdiction over whatsoever that in fact the person comes
[01:21:49.160 --> 01:21:54.000]  to the district judge and has jurisdiction over the district judge.
[01:21:54.000 --> 01:21:57.400]  They really don't like that.
[01:21:57.400 --> 01:22:01.840]  Now you can demand that the district judge do his job and if you don't, you can hammer
[01:22:01.840 --> 01:22:02.840]  him.
[01:22:02.840 --> 01:22:06.960]  And when that happens, those people on the bottom are going to suffer the wrath of the
[01:22:06.960 --> 01:22:07.960]  judge.
[01:22:07.960 --> 01:22:13.440]  And he's going to push them to make this case go away.
[01:22:13.440 --> 01:22:17.560]  That's generally when they start getting dismissed or you start getting ruled it'll actually
[01:22:17.560 --> 01:22:18.560]  work.
[01:22:18.560 --> 01:22:19.560]  Good.
[01:22:19.560 --> 01:22:23.800]  Well, I got a question for you.
[01:22:23.800 --> 01:22:24.800]  Okay.
[01:22:24.800 --> 01:22:26.120]  About the county.
[01:22:26.120 --> 01:22:32.480]  Well, actually before I wanted to just on that plea and abatement for failure to join
[01:22:32.480 --> 01:22:34.320]  a necessary party.
[01:22:34.320 --> 01:22:41.640]  I do think that that actually has merit even if they blew it off and here's why.
[01:22:41.640 --> 01:22:49.640]  In the accusation, in the offense, it says S521.457 I believe it is, where they say in
[01:22:49.640 --> 01:22:58.840]  the Texas transportation code that the offense is operating a motor vehicle, well, the operating
[01:22:58.840 --> 01:23:01.580]  is the one doing the paying.
[01:23:01.580 --> 01:23:04.600]  The yellow cab taxi company or whoever it is that's doing the paying.
[01:23:04.600 --> 01:23:10.520]  So how can the driver be guilty all by himself without the operator being blamed as well?
[01:23:10.520 --> 01:23:11.520]  I don't know.
[01:23:11.520 --> 01:23:13.200]  That's just how it stood out to me.
[01:23:13.200 --> 01:23:14.200]  Okay.
[01:23:14.200 --> 01:23:15.200]  That is a good question.
[01:23:15.200 --> 01:23:16.200]  Operator.
[01:23:16.200 --> 01:23:19.720]  I hadn't considered that.
[01:23:19.720 --> 01:23:27.280]  When I was in the business, I used to have a truck washing business and I never was a
[01:23:27.280 --> 01:23:37.360]  truck driver, but I dealt with him a lot and the person who drove the truck was the driver.
[01:23:37.360 --> 01:23:43.960]  The person for whom he drove the truck was the operator.
[01:23:43.960 --> 01:23:47.120]  You raise a very good point.
[01:23:47.120 --> 01:24:00.560]  Is the operator who puts the driver on the road responsible to ensure that the driver
[01:24:00.560 --> 01:24:04.000]  is complying with all law?
[01:24:04.000 --> 01:24:05.000]  Absolutely.
[01:24:05.000 --> 01:24:08.200]  And for the most part, yes, they are.
[01:24:08.200 --> 01:24:20.240]  It says if a person operates a motor vehicle, also then that's the person doing the paying.
[01:24:20.240 --> 01:24:23.400]  That is, well, not necessarily.
[01:24:23.400 --> 01:24:28.400]  That's the person who owns the vehicle and puts it out there.
[01:24:28.400 --> 01:24:33.600]  They can be one of the things, if he has his own business or something, but well, no, not
[01:24:33.600 --> 01:24:34.600]  even that.
[01:24:34.600 --> 01:24:35.600]  It would have to be.
[01:24:35.600 --> 01:24:41.200]  I forget, there was a place where it overlapped and they could be the same.
[01:24:41.200 --> 01:24:45.400]  It's a good question to bring.
[01:24:45.400 --> 01:24:53.880]  The heart of the questions, probably the most difficult thing to argue against is the claim
[01:24:53.880 --> 01:25:00.720]  that has no merit, that has no precedent, has nothing.
[01:25:00.720 --> 01:25:06.200]  So they tend to have to argue these issues with case law, but how do they argue it when
[01:25:06.200 --> 01:25:07.600]  there is no case law?
[01:25:07.600 --> 01:25:09.640]  Let's just say denied.
[01:25:09.640 --> 01:25:14.920]  Yeah, but they not deny it, but then they wind up in an appellate court and they have
[01:25:14.920 --> 01:25:22.320]  to file a response and a brief or you get default judgment.
[01:25:22.320 --> 01:25:28.880]  So they have to pay the money to respond to these things.
[01:25:28.880 --> 01:25:32.240]  And the whole point of this is to give them enough grief that they don't ever wanna see
[01:25:32.240 --> 01:25:34.200]  you again.
[01:25:34.200 --> 01:25:42.740]  And in these cases, I'm suggesting that once you work, where you have a number of charges
[01:25:42.740 --> 01:25:47.960]  against you, once you work that first one through the system and you beat them up big
[01:25:47.960 --> 01:25:49.960]  time.
[01:25:49.960 --> 01:25:55.660]  When the next one comes up, they're more likely to want that to go away before they wind up
[01:25:55.660 --> 01:26:01.320]  in the same gristmill as the first set.
[01:26:01.320 --> 01:26:06.040]  And the real important part here is the criminal accusations.
[01:26:06.040 --> 01:26:10.880]  That's the one thing they have no control over.
[01:26:10.880 --> 01:26:18.280]  You were there when I asked the judge in Highland Park to arrest the prosecuting attorney.
[01:26:18.280 --> 01:26:25.140]  It got real exciting and we really got that prosecutor's attention and then I wound up
[01:26:25.140 --> 01:26:30.500]  screwing up because I was asking him to arrest him for not responding to a Brady motion I
[01:26:30.500 --> 01:26:34.520]  never filed.
[01:26:34.520 --> 01:26:37.920]  That was embarrassing.
[01:26:37.920 --> 01:26:46.880]  But anyway, your wife is a linguist, a language specialist, and she really caught the change
[01:26:46.880 --> 01:26:54.040]  in the tone and the timbre of the prosecutor's voice.
[01:26:54.040 --> 01:26:56.760]  So it does get their attention.
[01:26:56.760 --> 01:27:06.280]  So I've got a question for you about in the county.
[01:27:06.280 --> 01:27:11.920]  You were speaking with another fellow, I guess, I think he might have been in Wyoming or New
[01:27:11.920 --> 01:27:12.920]  York.
[01:27:12.920 --> 01:27:19.800]  I can't remember which fellow he was talking about, but the grand jury can investigate
[01:27:19.800 --> 01:27:24.720]  into crimes within the county.
[01:27:24.720 --> 01:27:32.680]  That was Wyoming and their code is not as well structured as Texas.
[01:27:32.680 --> 01:27:41.520]  Okay, well, I see something similar over here in Texas Code of Criminal Procedure 2.05.
[01:27:41.520 --> 01:27:49.120]  And it's unclear to interpret that whether it is in the county like the physical boundaries,
[01:27:49.120 --> 01:27:53.920]  the graphical boundaries of the county, or are they talking about in a county court?
[01:27:53.920 --> 01:27:58.960]  Because the way it's interpreted, it makes a big difference right there.
[01:27:58.960 --> 01:28:02.440]  Okay, I'll have to look that up.
[01:28:02.440 --> 01:28:03.440]  I don't have to.
[01:28:03.440 --> 01:28:14.840]  Okay, that's the one where it says that the complaint can be a charging instrument if
[01:28:14.840 --> 01:28:21.800]  the county has no county attorneys and no criminal district courts.
[01:28:21.800 --> 01:28:30.120]  And last I checked, there's something like 33 counties in Texas don't have one of those.
[01:28:30.120 --> 01:28:38.520]  And so in those counties, a class C misdemeanor, or I should say a fine only misdemeanor, could
[01:28:38.520 --> 01:28:42.080]  be initiated by complaint only.
[01:28:42.080 --> 01:28:45.000]  Okay, which statute were you referring to?
[01:28:45.000 --> 01:28:48.040]  I've got 20.05, but it doesn't go to that.
[01:28:48.040 --> 01:28:51.200]  No, Code of Criminal Procedures 2.05.
[01:28:51.200 --> 01:28:53.760]  Oh, 2.05.
[01:28:53.760 --> 01:28:56.360]  Oh, okay.
[01:28:56.360 --> 01:28:57.360]  Yes.
[01:28:57.360 --> 01:29:04.680]  So when you were speaking to duties of the grand jury, they are addressed.
[01:29:04.680 --> 01:29:14.280]  And the one you mentioned from Wyoming law after the grand jury, okay, the grand jury
[01:29:14.280 --> 01:29:21.120]  may inquire into any crimes committed or triable within the county.
[01:29:21.120 --> 01:29:30.760]  Texas is much better, 20.09 in Texas goes to duties of grand jurors.
[01:29:30.760 --> 01:29:38.080]  And it says the grand jury shall investigate into all crimes that come to their knowledge
[01:29:38.080 --> 01:29:48.280]  by way of any member of the grand jury, the prosecuting attorney, or any credible person.
[01:29:48.280 --> 01:29:49.280]  That's pretty clear.
[01:29:49.280 --> 01:29:51.280]  What I'm looking for here-
[01:29:51.280 --> 01:29:52.280]  Anybody.
[01:29:52.280 --> 01:29:57.880]  Okay, let me back up to 2.05, 2.05 if I recall right, chapter two.
[01:29:57.880 --> 01:30:06.520]  In 1946, Felix Goulja answered his doorbell and was shot in the chest and killed.
[01:30:06.520 --> 01:30:12.240]  The case has finally been solved 65 years later with the confession of a 96-year-old
[01:30:12.240 --> 01:30:13.240]  woman.
[01:30:13.240 --> 01:30:14.240]  It's quite a story.
[01:30:14.240 --> 01:30:17.520]  I'm Dr. Catherine Albrecht, stay tuned for more.
[01:30:17.520 --> 01:30:19.100]  Privacy is under attack.
[01:30:19.100 --> 01:30:22.700]  When you give up data about yourself, you'll never get it back again.
[01:30:22.700 --> 01:30:27.480]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.480 --> 01:30:32.560]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:32.560 --> 01:30:35.240]  Privacy, it's worth hanging onto.
[01:30:35.240 --> 01:30:39.540]  This public service announcement is brought to you by StartPage.com, the private search
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[01:30:46.400 --> 01:30:51.380]  Addie Visser was part of the resistance when the Nazis occupied Holland in World War II.
[01:30:51.380 --> 01:30:56.920]  She took a gun and doled out vigilante justice to a guy named Felix Goulja, a Dutch businessman
[01:30:56.920 --> 01:31:00.160]  and Nazi sympathizer who did business with the enemy.
[01:31:00.160 --> 01:31:04.520]  Trouble is, Goulja was actually doing what Oskar Schindler did in the movie Schindler's
[01:31:04.520 --> 01:31:05.520]  List.
[01:31:05.520 --> 01:31:09.400]  While pretending to support the Nazis, he was actually sheltering Jews and helping them
[01:31:09.400 --> 01:31:10.400]  to safety.
[01:31:10.400 --> 01:31:15.960]  Addie discovered her mistake after the murder and carried the tragic secret 65 years.
[01:31:15.960 --> 01:31:20.440]  Her conscience finally got the better of her, and at age 96, she confessed.
[01:31:20.440 --> 01:31:21.440]  The moral?
[01:31:21.440 --> 01:31:24.520]  Things aren't always what they seem, so think before you shoot.
[01:31:24.520 --> 01:31:26.280]  I'm Dr. Catherine Albrecht.
[01:31:26.280 --> 01:31:30.600]  More news and information at CatherineAlbrecht.com.
[01:31:30.600 --> 01:31:35.980]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:35.980 --> 01:31:38.400]  The government says that fire brought it down.
[01:31:38.400 --> 01:31:43.040]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.040 --> 01:31:45.760]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.760 --> 01:31:48.480]  But thousands of my fellow first responders are dying.
[01:31:48.480 --> 01:31:49.800]  I'm not a conspiracy theorist.
[01:31:49.800 --> 01:31:50.800]  I'm a structural engineer.
[01:31:50.800 --> 01:31:52.320]  I'm a New York City correction officer.
[01:31:52.320 --> 01:31:53.320]  I'm an Air Force pilot.
[01:31:53.320 --> 01:31:54.960]  I'm a father who lost his son.
[01:31:54.960 --> 01:31:57.600]  We're Americans, and we deserve the truth.
[01:31:57.600 --> 01:31:59.800]  Go to RememberBuilding7.org today.
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[01:33:00.520 --> 01:33:27.160]  You are listening to the Logos Radio Network, LogosRadioNetwork.com.
[01:33:30.520 --> 01:33:39.780]  Okay, we are back, Randy Kelton, Rule of Law Radio, and we're talking to Brett in Texas.
[01:33:39.780 --> 01:33:45.760]  And yes, Brett, I was trying to read one code and listen to you at the same time, and I
[01:33:45.760 --> 01:33:52.800]  missed part of that, 2.05, okay, I know what that is.
[01:33:52.800 --> 01:33:58.760]  But on rereading it, I find an issue.
[01:33:58.760 --> 01:34:06.240]  Okay, if the offense be a misdemeanor to county, the attorney shall forthwith prepare an information
[01:34:06.240 --> 01:34:13.440]  based upon such complaint and file the same in the court having jurisdiction, provided
[01:34:13.440 --> 01:34:16.360]  that in counties having no county attorney.
[01:34:16.360 --> 01:34:18.680]  And there are a number of those around.
[01:34:18.680 --> 01:34:23.440]  Misdemeanor cases may be tried on complaint alone without an information provided.
[01:34:23.440 --> 01:34:29.640]  A complaint and an information are essentially the same thing, except a complaint can be
[01:34:29.640 --> 01:34:38.000]  written by a private citizen, and an information is a complaint corrected to be in proper form.
[01:34:38.000 --> 01:34:45.480]  But here it says, however, in counties having one or more criminal district courts, are
[01:34:45.480 --> 01:34:53.480]  there any counties in Texas that are not included within a district court's jurisdiction?
[01:34:53.480 --> 01:34:56.600]  Yes, I think there's about 33.
[01:34:56.600 --> 01:35:02.560]  No, wait a minute, wait a minute.
[01:35:02.560 --> 01:35:06.400]  This is unclear what this means.
[01:35:06.400 --> 01:35:08.720]  I'm in Wise County.
[01:35:08.720 --> 01:35:17.000]  Wise County has a district court in the county, but it is the district court for three counties,
[01:35:17.000 --> 01:35:20.320]  Wise, Montague, and Jacksboro.
[01:35:20.320 --> 01:35:26.280]  So would that mean that Montague and Jacksboro don't have a district court?
[01:35:26.280 --> 01:35:30.560]  Well, they have a district court with jurisdiction there.
[01:35:30.560 --> 01:35:38.580]  So does this mean that they don't have a physical district court building within the county?
[01:35:38.580 --> 01:35:41.520]  Or that they don't have a district court with jurisdiction?
[01:35:41.520 --> 01:35:45.440]  Well, do they have a county attorney?
[01:35:45.440 --> 01:35:50.840]  Yes, both of them have, both of these have a county attorney.
[01:35:50.840 --> 01:35:57.280]  The first requirement is that they have a county attorney, and then it says, however,
[01:35:57.280 --> 01:36:00.480]  and then you've got the backup is the criminal district court.
[01:36:00.480 --> 01:36:03.880]  Yeah, somehow that doesn't make sense.
[01:36:03.880 --> 01:36:05.520]  Yeah, it does.
[01:36:05.520 --> 01:36:14.160]  Two exceptions, they worded it really strangely, the grammar is odd, but it takes a little
[01:36:14.160 --> 01:36:18.520]  bit to wrap your head around the exceptions and the double negative kind of way they wrote
[01:36:18.520 --> 01:36:19.520]  it.
[01:36:19.520 --> 01:36:21.560]  But it's really just two factors.
[01:36:21.560 --> 01:36:29.000]  If the county has either a county attorney or a criminal district court, then they can't
[01:36:29.000 --> 01:36:32.600]  go and complain alone.
[01:36:32.600 --> 01:36:39.280]  If the county has neither of those, neither a county attorney nor a criminal district
[01:36:39.280 --> 01:36:47.480]  court, then they can, in a misdemeanor, proceed on complaint alone.
[01:36:47.480 --> 01:36:52.400]  Okay, have a district court.
[01:36:52.400 --> 01:36:55.320]  What does that mean?
[01:36:55.320 --> 01:37:00.600]  Does it mean they have a district court with jurisdiction?
[01:37:00.600 --> 01:37:05.880]  Or they have a district court that has a courthouse within the county?
[01:37:05.880 --> 01:37:09.320]  That's a very good question.
[01:37:09.320 --> 01:37:14.520]  And we don't need to worry about that if we can find a county attorney, because that satisfies
[01:37:14.520 --> 01:37:15.520]  it.
[01:37:15.520 --> 01:37:20.040]  That means they can't use just a complaint, they have to file, they have to do the information.
[01:37:20.040 --> 01:37:23.000]  In these two counties, there is a county attorney.
[01:37:23.000 --> 01:37:24.000]  Right.
[01:37:24.000 --> 01:37:28.080]  Well, I'm saying that, I know there's one in Wise County, I'm not sure if there's one
[01:37:28.080 --> 01:37:33.360]  in Montague and Jacksboro, but I'm pretty sure there are.
[01:37:33.360 --> 01:37:34.860]  So we wouldn't fall under that.
[01:37:34.860 --> 01:37:44.200]  But the way I read it, nobody would fall under it, because if a district court has jurisdiction,
[01:37:44.200 --> 01:37:50.900]  it looks at meaning having a district court, then nothing would fall under it.
[01:37:50.900 --> 01:37:54.880]  So it really can't rule that way.
[01:37:54.880 --> 01:38:00.560]  So you would have to say that Montague and Jacksboro don't have a district court.
[01:38:00.560 --> 01:38:05.040]  There is a district court that has jurisdiction there.
[01:38:05.040 --> 01:38:11.280]  And the district attorney goes to these counties, and in panels of grand jury, or the district
[01:38:11.280 --> 01:38:15.320]  judge goes there, and in panels of grand jury.
[01:38:15.320 --> 01:38:17.440]  But they just don't have a courthouse there.
[01:38:17.440 --> 01:38:22.020]  So that is an interesting and confusing question.
[01:38:22.020 --> 01:38:27.840]  But it only goes to how they prosecute, and I think at the end of the day, it's not terribly
[01:38:27.840 --> 01:38:34.880]  relevant whether they act from a complaint or an information, because essentially they're
[01:38:34.880 --> 01:38:36.880]  both the same thing.
[01:38:36.880 --> 01:38:45.420]  Well, I don't know, to me it looks relevant, because if they don't have the information,
[01:38:45.420 --> 01:38:51.640]  if you look at the statute of limitations, that's one that they're trying to go after
[01:38:51.640 --> 01:38:55.720]  me for something that's two and a half years old, and it doesn't say anything about a complaint.
[01:38:55.720 --> 01:39:05.880]  It says that if the indictment or the information has not been filed within two years, too late.
[01:39:05.880 --> 01:39:12.320]  And it says that the complaint has to be drawn, the information has to be based on the complaint.
[01:39:12.320 --> 01:39:16.280]  That's a, now whoa, okay.
[01:39:16.280 --> 01:39:23.800]  If the information hasn't been filed, and it doesn't say complaint or information, but
[01:39:23.800 --> 01:39:26.920]  just what statute was that?
[01:39:26.920 --> 01:39:30.920]  Let's see.
[01:39:30.920 --> 01:39:34.080]  I think that was 1202 of Code of Criminal Procedures.
[01:39:34.080 --> 01:39:39.080]  Let me take a look.
[01:39:39.080 --> 01:39:56.680]  There was a 27.14D, and there was a 1202, and they're both very telling there.
[01:39:56.680 --> 01:39:58.800]  Let's see.
[01:39:58.800 --> 01:40:13.600]  It's called new OS update today, and it forgot everything.
[01:40:13.600 --> 01:40:19.800]  1202, misdemeanors.
[01:40:19.800 --> 01:40:25.600]  An indictment or information for any Class A or Class B misdemeanor may be presented
[01:40:25.600 --> 01:40:33.360]  within two years from the date of the commission of the offense and not afterward.
[01:40:33.360 --> 01:40:42.280]  Okay, what was the issue again?
[01:40:42.280 --> 01:40:48.540]  Well, I'm picking on the fact that they don't have a valid charging instrument to vest court
[01:40:48.540 --> 01:40:50.360]  with jurisdiction in the first place.
[01:40:50.360 --> 01:40:53.800]  Okay, well, this one is specific.
[01:40:53.800 --> 01:41:01.840]  An indictment or information for any Class A or Class B. Okay, driving an invalid license
[01:41:01.840 --> 01:41:05.440]  is a Class B, so it would fall under.
[01:41:05.440 --> 01:41:13.640]  Well, it's Class C if it's just once, and if they've alleged it more than once, then
[01:41:13.640 --> 01:41:14.560]  they call it Class B.
[01:41:14.560 --> 01:41:26.680]  Okay, so only is the issue in which you're invoking this Class C or Class B?
[01:41:26.680 --> 01:41:29.040]  Class C.
[01:41:29.040 --> 01:41:32.080]  Okay, then this doesn't apply.
[01:41:32.080 --> 01:41:37.440]  A complaint or information for any Class C misdemeanor may be presented within two years
[01:41:37.440 --> 01:41:42.120]  from the date of the commission of the offense and not afterward.
[01:41:42.120 --> 01:41:44.680]  So both are the same.
[01:41:44.680 --> 01:41:49.440]  Right, but the way I'm reading this, and this is back to the thing about the 2.05, the way
[01:41:49.440 --> 01:41:55.360]  I'm reading this, that one that you're reading right now is written so as to cover the cases
[01:41:55.360 --> 01:41:58.640]  where counties that don't have a county attorney.
[01:41:58.640 --> 01:42:03.120]  It doesn't say that.
[01:42:03.120 --> 01:42:10.680]  If they meant that, they would have said that if it was restricted, and this is not saying
[01:42:10.680 --> 01:42:18.400]  how they can prosecute, can they prosecute on a complaint only or only on information
[01:42:18.400 --> 01:42:20.160]  that doesn't address that?
[01:42:20.160 --> 01:42:25.380]  It says that the complaint or information must be filed within two years.
[01:42:25.380 --> 01:42:30.880]  It doesn't go to what they can prosecute on.
[01:42:30.880 --> 01:42:41.600]  The issue of can you prosecute on a complaint alone is not relevant to this requirement.
[01:42:41.600 --> 01:42:45.960]  This just goes to statute of limitations.
[01:42:45.960 --> 01:42:47.040]  Correct.
[01:42:47.040 --> 01:42:58.480]  But then if you look over in 2.05, they all merge and fit and blend nicely together when
[01:42:58.480 --> 01:43:02.680]  you consider the fact, because there's different mentions in different places about complaints
[01:43:02.680 --> 01:43:03.680]  and information.
[01:43:03.680 --> 01:43:09.680]  It can seem like they're identical or they're equivalent.
[01:43:09.680 --> 01:43:26.400]  However, this in 2.05 and some language in 27.14 highlights that there are situations
[01:43:26.400 --> 01:43:32.000]  when a complaint by itself is okay, and then that's just the exception to the rule.
[01:43:32.000 --> 01:43:34.800]  The rule is information.
[01:43:34.800 --> 01:43:36.840]  Yes.
[01:43:36.840 --> 01:43:45.000]  And class C, on a class C, that's an exception because it can be prosecuted on the complaint
[01:43:45.000 --> 01:43:46.000]  alone.
[01:43:46.000 --> 01:43:51.440]  The way I read these codes, everything else requires an information.
[01:43:51.440 --> 01:43:52.840]  Yes.
[01:43:52.840 --> 01:44:00.640]  Rule 2701 says the primary pleading is indictment or information.
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[01:46:16.200 --> 01:46:24.840]  Okay, we are back.
[01:46:24.840 --> 01:46:27.400]  Randy Kelton, Rula Radio.
[01:46:27.400 --> 01:46:30.800]  And we're talking to Brett in Texas.
[01:46:30.800 --> 01:46:39.720]  And we're tearing apart some of the specific codes that go to how the prosecutors can prosecute.
[01:46:39.720 --> 01:46:46.880]  Okay, do we have any other questions on this issue or have we?
[01:46:46.880 --> 01:46:52.440]  I'm not sure where this actually applies.
[01:46:52.440 --> 01:47:02.600]  It applies in any county, most counties, I think 220 something out of our Texas 254 counties.
[01:47:02.600 --> 01:47:07.300]  Anytime they want to bring a misdemeanor, they have to have the information, which is
[01:47:07.300 --> 01:47:12.240]  going to put most of those municipal city attorneys out of business because that's what
[01:47:12.240 --> 01:47:16.080]  they do all day is they bring accusations to the court where they don't have the right
[01:47:16.080 --> 01:47:17.080]  to do that.
[01:47:17.080 --> 01:47:23.400]  They have not been expressly, like you say, they're acting or purporting to act in a way
[01:47:23.400 --> 01:47:26.000]  that they have not been expressly authorized to do.
[01:47:26.000 --> 01:47:32.320]  That's the business of the county attorney, except if they're in a county where there
[01:47:32.320 --> 01:47:36.800]  is no authorized person to do that, then the city attorney can do it because the city attorney
[01:47:36.800 --> 01:47:39.240]  can mess with the complaint alone.
[01:47:39.240 --> 01:47:40.240]  Anyway.
[01:47:40.240 --> 01:47:50.520]  Wait a minute, I don't see how we get to a city attorney at all.
[01:47:50.520 --> 01:47:57.400]  I don't see anything that authorizes a city attorney to adjudicate a traffic issue.
[01:47:57.400 --> 01:48:03.760]  Well, they're basing it off of chapter 45.
[01:48:03.760 --> 01:48:18.040]  I think it might've been, let's see, 4508, which is in a different set of rules.
[01:48:18.040 --> 01:48:26.320]  What chapter 45 goes to is JP courts, JP and municipal courts, they say that 45 applies
[01:48:26.320 --> 01:48:28.520]  to both.
[01:48:28.520 --> 01:48:38.800]  But by using chapter 45, the municipality presumes they have jurisdiction over traffic
[01:48:38.800 --> 01:48:39.800]  issues.
[01:48:39.800 --> 01:48:49.640]  A JP court does because a complaint brought to a JP court can be brought by a highway
[01:48:49.640 --> 01:48:52.720]  patrol or a sheriff's deputy.
[01:48:52.720 --> 01:49:00.520]  A sheriff's deputy can theoretically have authority to enforce the transportation code,
[01:49:00.520 --> 01:49:04.600]  but only if he's been appointed by the county commissioner's court.
[01:49:04.600 --> 01:49:09.600]  So we can have a sheriff's deputy who can bring a transportation code issue and all
[01:49:09.600 --> 01:49:13.360]  DPS are authorized to.
[01:49:13.360 --> 01:49:20.840]  But there's nothing that authorizes anyone, any municipal police officer to bring a complaint
[01:49:20.840 --> 01:49:23.720]  to a municipal court under transportation code.
[01:49:23.720 --> 01:49:24.720]  Nothing.
[01:49:24.720 --> 01:49:29.840]  Here's the dotted line where I see that they're trying to jump that fence.
[01:49:29.840 --> 01:49:37.640]  And I think it's over here in 27.14B where it says, if a written notice of offense for
[01:49:37.640 --> 01:49:42.360]  which maximum possible punishment is by fine only or a violation relating to the man or
[01:49:42.360 --> 01:49:49.320]  time and place of parking, so any of those little stuff, which is a citation, has been
[01:49:49.320 --> 01:49:53.960]  prepared, delivered, filed with the court, a legible copy given to the-
[01:49:53.960 --> 01:49:55.120]  Wait, wait, back up.
[01:49:55.120 --> 01:49:56.120]  I missed something.
[01:49:56.120 --> 01:49:57.120]  Did you say parking?
[01:49:57.120 --> 01:50:00.760]  Yeah, that was one of the things.
[01:50:00.760 --> 01:50:01.760]  Okay.
[01:50:01.760 --> 01:50:05.080]  Parking is not a transportation code offense.
[01:50:05.080 --> 01:50:06.080]  Right.
[01:50:06.080 --> 01:50:09.400]  That's a municipal ordinance.
[01:50:09.400 --> 01:50:17.800]  It says an offense for which maximum possible punishment is by fine only or a parking violation.
[01:50:17.800 --> 01:50:18.800]  Yeah.
[01:50:18.800 --> 01:50:22.880]  Okay, that can be- Here's the thing.
[01:50:22.880 --> 01:50:26.320]  Speeding on the sidewalk.
[01:50:26.320 --> 01:50:28.960]  Well here's the key part- There are a number of municipal ordinances
[01:50:28.960 --> 01:50:31.920]  that are Class C misdemeanors.
[01:50:31.920 --> 01:50:34.840]  That does not go to traffic.
[01:50:34.840 --> 01:50:36.680]  Here's the key thing that this says.
[01:50:36.680 --> 01:50:43.400]  That written notice can serve as a complaint to which the defendant may plead and they've
[01:50:43.400 --> 01:50:47.640]  reduced here in this 27.14D.
[01:50:47.640 --> 01:50:52.200]  You don't have all of the pleadings of a defendant that you have up in 27.02.
[01:50:52.200 --> 01:50:53.200]  You only have three.
[01:50:53.200 --> 01:50:55.080]  Guilty, not guilty, or no low content rate.
[01:50:55.080 --> 01:50:56.080]  Does that sound familiar?
[01:50:56.080 --> 01:50:57.760]  That's what they say in court all the time.
[01:50:57.760 --> 01:50:58.760]  That's all you can plead.
[01:50:58.760 --> 01:50:59.760]  Yeah.
[01:50:59.760 --> 01:51:00.760]  Okay.
[01:51:00.760 --> 01:51:04.440]  Well, that's all you can plea to the charges.
[01:51:04.440 --> 01:51:08.200]  You can also file a plea to the jurisdiction.
[01:51:08.200 --> 01:51:14.120]  A plea to the charges presumes or waives- Don't check this out.
[01:51:14.120 --> 01:51:18.680]  A plea to the charges presumes jurisdiction.
[01:51:18.680 --> 01:51:20.260]  It doesn't grant it.
[01:51:20.260 --> 01:51:22.000]  It just presumes it.
[01:51:22.000 --> 01:51:25.520]  And they will act as if they have it if you don't challenge it.
[01:51:25.520 --> 01:51:31.120]  So you can file a plea and still not grant jurisdiction.
[01:51:31.120 --> 01:51:38.400]  I know a lot of guys say if you file a plea then you have waived jurisdiction.
[01:51:38.400 --> 01:51:42.000]  You do no such thing.
[01:51:42.000 --> 01:51:47.400]  Final appearance, you may waive venue but not jurisdiction.
[01:51:47.400 --> 01:51:49.400]  It's kind of off the subject.
[01:51:49.400 --> 01:51:55.080]  Well, I see a 27.02 of Code of Criminal Procedure.
[01:51:55.080 --> 01:51:56.400]  I see a whole bunch of pleadings.
[01:51:56.400 --> 01:51:59.840]  It says the pleadings of the defendant are, and it lists a bunch of them.
[01:51:59.840 --> 01:52:04.040]  The first one is a plea to the jurisdiction or an exception to the charging instrument.
[01:52:04.040 --> 01:52:05.600]  Yeah, that's good.
[01:52:05.600 --> 01:52:07.920]  There are only three pleadings actually.
[01:52:07.920 --> 01:52:12.760]  27, you took it back, 27.02?
[01:52:12.760 --> 01:52:14.840]  Now there are only three pleadings in ammunia.
[01:52:14.840 --> 01:52:15.840]  Check this out.
[01:52:15.840 --> 01:52:16.840]  This is the 27.14D.
[01:52:16.840 --> 01:52:17.840]  Oh, 14.
[01:52:17.840 --> 01:52:24.920]  And it's got a dramatically reduced subset, then you get your only the three here.
[01:52:24.920 --> 01:52:33.680]  If the defendant decides to make a pleading of not guilty, then a complaint shall be filed.
[01:52:33.680 --> 01:52:37.760]  That conforms to the requirements of Chapter 45.
[01:52:37.760 --> 01:52:44.440]  And that complaint serves as an original complaint.
[01:52:44.440 --> 01:52:46.440]  So they've like substituted.
[01:52:46.440 --> 01:52:51.320]  If you fall for it, if you decide that you're going to go with just a written notice and
[01:52:51.320 --> 01:52:55.320]  you're okay with that, you don't have to have an indictment or information, but you're
[01:52:55.320 --> 01:53:02.740]  going to just get scared and respond by one of these three pleadings to the written notice
[01:53:02.740 --> 01:53:04.280]  alone.
[01:53:04.280 --> 01:53:09.000]  Again they'll make up a complaint that conforms to a totally separate requirement.
[01:53:09.000 --> 01:53:16.160]  It's going to follow Chapter 45 instead of Chapter 15 because we have a complaint in
[01:53:16.160 --> 01:53:19.540]  Chapter 15.04 and.05.
[01:53:19.540 --> 01:53:21.720]  It has some much more requirements.
[01:53:21.720 --> 01:53:25.760]  Well, the different requirements are different.
[01:53:25.760 --> 01:53:32.480]  And then they're going to say that the complaint that you answered to, since you signed up
[01:53:32.480 --> 01:53:37.800]  for just okay, written notice is fine with me, it says a defendant may waive the filing
[01:53:37.800 --> 01:53:43.880]  of a sworn complaint and elect that the prosecution proceed on the written notice.
[01:53:43.880 --> 01:53:45.880]  That's the citation, right?
[01:53:45.880 --> 01:53:54.480]  So as soon as you say guilty, not guilty, or no lo contendere, based on a citation,
[01:53:54.480 --> 01:54:03.520]  you have just waived the requirement by law for them to take that sworn complaint and
[01:54:03.520 --> 01:54:08.240]  turn it into an information and vest the court with jurisdiction instead, you're going to
[01:54:08.240 --> 01:54:12.320]  go jump in here and answer to whatever-
[01:54:12.320 --> 01:54:16.440]  Have you written up a presentation on this?
[01:54:16.440 --> 01:54:18.440]  Yes.
[01:54:18.440 --> 01:54:19.440]  Can I see it?
[01:54:19.440 --> 01:54:21.800]  I would love to plagiarize it.
[01:54:21.800 --> 01:54:29.680]  I put it before the court and they just denied it through the second, this was the first
[01:54:29.680 --> 01:54:35.680]  judge that got herself disqualified in criminal charges and everything.
[01:54:35.680 --> 01:54:42.880]  She said, well, in Chapter 45, it holds that we can proceed on a complaint alone.
[01:54:42.880 --> 01:54:46.800]  And that language is literally nowhere in there.
[01:54:46.800 --> 01:54:49.160]  Ah.
[01:54:49.160 --> 01:54:53.280]  So did you file a conduct complaint claiming that she was incompetent?
[01:54:53.280 --> 01:54:57.520]  Yeah, she's going to get another one for that.
[01:54:57.520 --> 01:55:02.240]  I'm having trouble keeping up with all of these people's mistakes and errors, there's
[01:55:02.240 --> 01:55:08.300]  too many doctors, they're right, they just do this for all of us.
[01:55:08.300 --> 01:55:15.480]  Do this for all of us as you're going through this, look for consistencies in construction
[01:55:15.480 --> 01:55:25.040]  and see if you can work out a pattern for how you build these and how you move from
[01:55:25.040 --> 01:55:27.440]  one to the next to the next.
[01:55:27.440 --> 01:55:31.000]  So you do it in a logical sequence.
[01:55:31.000 --> 01:55:35.680]  Yeah, I drew up a flow chart.
[01:55:35.680 --> 01:55:40.580]  Yeah, for years I just built complaints as I came to them.
[01:55:40.580 --> 01:55:46.060]  And finally it became so onerous because I wind up doing the same research over and over
[01:55:46.060 --> 01:55:51.040]  and writing the same documents, portions of the same arguments over and over.
[01:55:51.040 --> 01:55:59.840]  And that's part of what led me to this questionnaire tool to try to find a way to memorialize each
[01:55:59.840 --> 01:56:09.280]  piece of work I do and find a way to put it so I can find it when I come to it.
[01:56:09.280 --> 01:56:13.760]  And that's what this whole questionnaire structure is about.
[01:56:13.760 --> 01:56:21.160]  And then I can come in and get all your pleadings and steal them and plagiarize them.
[01:56:21.160 --> 01:56:24.680]  Well, I've got one more question for you, Randy.
[01:56:24.680 --> 01:56:29.560]  I know we're getting close to the end of the evening here and I don't know if you've got
[01:56:29.560 --> 01:56:32.360]  some other callers or if you've got time for-
[01:56:32.360 --> 01:56:35.120]  We only got two minutes, so I don't have time to get to another caller.
[01:56:35.120 --> 01:56:39.520]  I have Ken from New York, but I'm not going to be able to get to him.
[01:56:39.520 --> 01:56:40.520]  So go ahead.
[01:56:40.520 --> 01:56:41.520]  All right.
[01:56:41.520 --> 01:56:51.600]  Well, I got another ticket last night and municipal police said I was driving without
[01:56:51.600 --> 01:56:54.720]  a license, surprise, surprise.
[01:56:54.720 --> 01:57:00.440]  And they were very nice, lots of officers around and they all came up and they were
[01:57:00.440 --> 01:57:04.360]  extremely intimidating, but then they became nice.
[01:57:04.360 --> 01:57:07.800]  And I don't know what happened, but wow, God's good to me.
[01:57:07.800 --> 01:57:15.320]  And today I went into the court and my question is, why is the citation sitting there in the
[01:57:15.320 --> 01:57:16.320]  court case?
[01:57:16.320 --> 01:57:21.720]  I asked to see the file and they produced the citation and said, well, that's all there
[01:57:21.720 --> 01:57:22.720]  is.
[01:57:22.720 --> 01:57:27.960]  And I'm curious, I thought that had to go first from a police report to an affiant making
[01:57:27.960 --> 01:57:31.280]  out an affidavit and then they would have a complaint.
[01:57:31.280 --> 01:57:36.240]  This is- Not in a traffic citation.
[01:57:36.240 --> 01:57:41.400]  They prosecute from the citation alone and that's in the transportation code.
[01:57:41.400 --> 01:57:42.400]  Is?
[01:57:42.400 --> 01:57:43.400]  Yeah.
[01:57:43.400 --> 01:57:47.080]  The transportation code where?
[01:57:47.080 --> 01:57:51.160]  I don't have it memorized, it's not something I address a whole lot.
[01:57:51.160 --> 01:57:55.920]  There are other people who complain about that, but I've read it in the code and I just
[01:57:55.920 --> 01:57:57.920]  don't remember exactly where it's at.
[01:57:57.920 --> 01:58:05.800]  I was thinking maybe they were trying to hook me with this code of criminal procedure 27.14B.
[01:58:05.800 --> 01:58:11.600]  But if it's in the transportation code, that would be, I guess, another layer to-
[01:58:11.600 --> 01:58:16.540]  That's because the transportation code is a whole different prosecution.
[01:58:16.540 --> 01:58:20.640]  It's a professional conduct code.
[01:58:20.640 --> 01:58:26.600]  That's why for a good portion of it, the code of criminal procedure doesn't apply.
[01:58:26.600 --> 01:58:32.240]  If there's something in the transportation code that addresses an issue, then it's a
[01:58:32.240 --> 01:58:35.700]  special statute that overrides the code of criminal procedure.
[01:58:35.700 --> 01:58:41.880]  If it's not addressed in transportation code, then code of criminal procedure applies and
[01:58:41.880 --> 01:58:44.080]  then rules of civil procedure apply.
[01:58:44.080 --> 01:58:47.320]  Okay, we're out of time.
[01:58:47.320 --> 01:58:50.520]  Randy Kelton, good night.
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