ROL_2018-04-26_16k.timecode

[00:00.000 --> 00:07.660]  The following news flash has brought to you by the low star lowdown, providing the jelly
[00:07.660 --> 00:15.400]  bulletins for the commodity market, today's history, news updates, and the inside scoop
[00:15.400 --> 00:23.600]  into the tides of the alternative.
[00:23.600 --> 00:29.600]  Markets for the 11th of April 2018 close with gold $1,353.22 an ounce.
[00:29.600 --> 00:39.000]  Over $16.68 an ounce, Texas crude $65.51 a barrel, bitcoins at $6,902.19, ethereum at
[00:39.000 --> 00:55.520]  $420.80, bitcoin cash at $652.90, and finally light coins at $114.34, a crypto coin.
[00:55.520 --> 01:01.240]  Today in History, the year 1968, President Lyndon M. Johnson signs the Civil Rights Act
[01:01.240 --> 01:06.040]  of 1968, which prohibited private businesses from discriminating based on race, color,
[01:06.040 --> 01:07.960]  religion, sex, or national origin.
[01:07.960 --> 01:13.200]  It also prohibited unequal application of voter registration requirements, racial segregation
[01:13.200 --> 01:18.320]  in public schools, in employment, and public accommodations for places of business.
[01:18.320 --> 01:28.660]  In recent news, tensions in Syria seem to reach new levels after a chemical attack on civilians
[01:28.660 --> 01:32.920]  in the city of Douma, which left 40 dead and many injured, an attack which is being blamed
[01:32.920 --> 01:37.520]  on the democratically elected president of Syria, Bashar al-Assad, by the United States
[01:37.520 --> 01:42.000]  and on Israel by Russia, either accusatory narrative without any verified evidence as
[01:42.000 --> 01:43.320]  of yet.
[01:43.320 --> 01:47.160]  President Trump tweeted today Wednesday that if, quote, Russia vows to shoot down any and
[01:47.160 --> 01:51.520]  all missiles fired at Syria, get ready, Russia, because they will be coming in nice and new
[01:51.520 --> 01:52.520]  and smart.
[01:52.520 --> 01:56.440]  Going on to warn Russia that you shouldn't be partners with a gas-killing animal who
[01:56.440 --> 01:58.600]  kills its people and enjoys it.
[01:58.600 --> 02:02.600]  Many in the West, including President Trump, have been quick to conclude that this chemical
[02:02.600 --> 02:06.520]  attack must have been conducted by Assad and his forces.
[02:06.520 --> 02:11.040]  Syria and Russia, on the other hand, have given approval since yesterday for the organization
[02:11.040 --> 02:15.560]  for the prohibition of chemical weapons to investigate the sign of the chemical slaughter.
[02:15.560 --> 02:19.400]  Assad has been successful in maintaining rule and support during Syria's seven-year civil
[02:19.400 --> 02:24.000]  war, a civil war that is being fought by the government of Syria and anti-Assad Syrian
[02:24.000 --> 02:28.760]  rebels that are openly being funded by Western governments, with ISIS being one of the more
[02:28.760 --> 02:32.520]  notorious swimmer groups of the American-backed Syrian rebels.
[02:32.520 --> 02:37.840]  No surprise then why Russian Foreign Minister Spokeswoman Maria Zakoba posted on Facebook
[02:37.840 --> 02:42.200]  that smart missiles should be fired at terrorists and not at a legitimate government, which
[02:42.200 --> 02:46.760]  has been fighting terrorists, or is this a trick to destroy all traces with a smart
[02:46.760 --> 03:12.800]  missile strike, and then there will be no evidence for international inspectors to
[03:12.800 --> 03:24.320]  attack on our men.
[03:24.320 --> 03:29.320]  Bad boys, bad boys, what you gonna do?
[03:29.320 --> 03:32.320]  What you gonna do when they come for you?
[03:32.320 --> 03:35.320]  Bad boys, bad boys, what you gonna do?
[03:35.320 --> 03:37.320]  What you gonna do when they come for you?
[03:37.320 --> 03:40.320]  When you were eight and you had bad dreams
[03:40.320 --> 03:43.320]  You go to school and learn the golden rules
[03:43.320 --> 03:46.320]  So why are you acting like a bloody fool?
[03:46.320 --> 03:48.320]  If you get mad, then you must just prove
[03:48.320 --> 03:51.320]  Bad boys, bad boys, what you gonna do?
[03:51.320 --> 03:54.320]  What you gonna do when they come for you?
[03:54.320 --> 03:57.320]  Bad boys, bad boys, what you gonna do?
[03:57.320 --> 03:59.320]  What you gonna do when they come for you?
[03:59.320 --> 04:02.320]  You took it done, that's one, you took it done, this one
[04:02.320 --> 04:05.320]  You took it done, your mother, and you took it done, your father
[04:05.320 --> 04:08.320]  You took it done, your brother, and you took it done, your sister
[04:08.320 --> 04:09.320]  You took it done, your sister
[04:09.320 --> 04:12.320]  Okay, howdy, howdy, Randy Kelton with Rule of Law Radio
[04:12.320 --> 04:15.320]  Randy Kelton, David Stevens with Rule of Law Radio
[04:15.320 --> 04:19.320]  And on this, we've got a couple things going on here
[04:19.320 --> 04:22.320]  I'm trying to get everything in line on this
[04:22.320 --> 04:27.320]  The 26th day of April 2018
[04:29.320 --> 04:32.320]  Oh, I am having some issues tonight
[04:32.320 --> 04:37.320]  Anyway, I'm gonna be running the show myself tonight
[04:37.320 --> 04:40.320]  If I can get everything working
[04:43.320 --> 04:47.320]  Okay, my producer's chewing me out
[04:47.320 --> 04:52.320]  Okay, I can't see the call
[04:52.320 --> 04:55.320]  I'm a little out of sorts at the moment
[04:55.320 --> 04:57.320]  Okay, I'm just talking
[04:57.320 --> 05:05.320]  Okay, we start out with where we're at on the traffic site
[05:05.320 --> 05:10.320]  I am talking to some professionals
[05:10.320 --> 05:16.320]  Building a presentation to secure some interim funding
[05:16.320 --> 05:19.320]  And I was ready to launch the traffic site
[05:19.320 --> 05:23.320]  But I had an issue
[05:23.320 --> 05:28.320]  I'm concerned that if I launch the traffic site
[05:28.320 --> 05:35.320]  Before I have all of my backside content filled up
[05:35.320 --> 05:40.320]  That I'm gonna have someone look at that site
[05:40.320 --> 05:42.320]  And see what I'm doing
[05:42.320 --> 05:46.320]  And someone with deep pockets
[05:46.320 --> 05:49.320]  And they'll wind up swallowing me
[05:49.320 --> 05:58.320]  So, I'm concerned about the method of how I do this
[05:58.320 --> 06:04.320]  So, because the more we look at it, the more profound it gets
[06:04.320 --> 06:12.320]  This thing is, it will shut down all of traffic almost immediately
[06:12.320 --> 06:15.320]  When I launch it
[06:15.320 --> 06:21.320]  I'm at the point where if you fill in all the information
[06:21.320 --> 06:24.320]  I'll send you a whole stack of documents
[06:24.320 --> 06:26.320]  You file those documents with the court
[06:26.320 --> 06:30.320]  And then you go down for that first appearance
[06:30.320 --> 06:33.320]  Where you agreed to appear
[06:33.320 --> 06:39.320]  And if the ticket says on or before
[06:39.320 --> 06:41.320]  You go in on or before
[06:41.320 --> 06:43.320]  And they send you to a clerk
[06:43.320 --> 06:46.320]  And the clerk asks for a plea
[06:46.320 --> 06:49.320]  And either give her a plea or don't give her a plea
[06:49.320 --> 06:52.320]  We don't advise one way or another
[06:52.320 --> 06:55.320]  The end of the day does make any difference
[06:55.320 --> 07:01.320]  But depending on how much you want to wind them up
[07:01.320 --> 07:04.320]  If you want to wind them up good, then don't give a plea
[07:04.320 --> 07:06.320]  I'm not here to give a plea
[07:06.320 --> 07:08.320]  I had a bunch of documents filed in the court
[07:08.320 --> 07:11.320]  And there's a couple of pleas in there
[07:11.320 --> 07:13.320]  You can use those
[07:13.320 --> 07:16.320]  And then if the clerk gets all excited and calls security
[07:16.320 --> 07:21.320]  Then you file a criminal impersonating a public official
[07:21.320 --> 07:24.320]  Against the clerk for asking you for a plea
[07:24.320 --> 07:27.320]  Because the clerk is not a judicial officer
[07:27.320 --> 07:30.320]  And has no power to take a plea
[07:30.320 --> 07:33.320]  They do that, nobody objected
[07:33.320 --> 07:36.320]  But that's because with traffic citations
[07:36.320 --> 07:43.320]  99.99% of the people who get a traffic ticket
[07:43.320 --> 07:45.320]  Don't have a clue
[07:45.320 --> 07:49.320]  The ones that do have a clue are lawyers who do traffic
[07:49.320 --> 07:52.320]  Lawyers who do traffic don't care
[07:52.320 --> 07:59.320]  They don't want the system to work the way the law prescribes it to work
[07:59.320 --> 08:06.320]  They want the system to work the way that is most beneficial to them
[08:06.320 --> 08:09.320]  So they want the clerk to take a plea
[08:09.320 --> 08:12.320]  And once the clerk takes a plea, then you come to get a lawyer
[08:12.320 --> 08:15.320]  And the lawyer goes to the prosecutor and makes a deal
[08:15.320 --> 08:18.320]  He makes one phone call, they make a deal
[08:18.320 --> 08:21.320]  He tells you, you take the deal, he collects his money
[08:21.320 --> 08:25.320]  The court collects their money, everybody goes home happy
[08:25.320 --> 08:30.320]  And the lawyer makes his 50 or 70 bucks, whatever they charge
[08:30.320 --> 08:36.320]  Well, you don't care about that
[08:36.320 --> 08:39.320]  You want them to answer to law
[08:39.320 --> 08:44.320]  So when you go in and the clerk asks you for a plea
[08:44.320 --> 08:49.320]  Then our system will create a complaint against the clerk
[08:49.320 --> 08:52.320]  For impersonating a public official
[08:52.320 --> 08:56.320]  Now, if she is, she or he is a public official
[08:56.320 --> 09:00.320]  But not the officials of impersonating
[09:00.320 --> 09:11.320]  And we file a criminal complaint of criminal conspiracy to commit against the judge of the court
[09:11.320 --> 09:15.320]  If they have more, then we file it against the head judge
[09:15.320 --> 09:24.320]  And we also file impersonating against the head judge for conspiring with the clerk to impersonate
[09:24.320 --> 09:31.320]  We may claim that under Rule 7.2, court of criminal procedure, he is equally culpable
[09:31.320 --> 09:34.320]  So it spits out those two complaints
[09:34.320 --> 09:41.320]  And then the next day you go home, you go through our questionnaire on what happened at this hearing
[09:41.320 --> 09:44.320]  It spits out these documents, you go in and file them
[09:44.320 --> 09:51.320]  It includes a judicial conduct complaint against the judge and a bar grievance against the judge
[09:51.320 --> 09:56.320]  And you file these, the next day
[09:56.320 --> 09:59.320]  And they're not going to believe what happens
[09:59.320 --> 10:02.320]  And then the clerk will set a hearing
[10:02.320 --> 10:05.320]  You go in for the first hearing
[10:05.320 --> 10:08.320]  And you have all these motions filed
[10:08.320 --> 10:12.320]  When the judge does what they normally do
[10:12.320 --> 10:15.320]  Which refuses to even read them
[10:15.320 --> 10:18.320]  The prosecutor does not respond to them
[10:18.320 --> 10:22.320]  And the judge just blows them off
[10:22.320 --> 10:25.320]  Just denies everything out of hand
[10:25.320 --> 10:32.320]  Well, so far everybody that I have had filed these documents
[10:32.320 --> 10:43.320]  And now for the most part, they're not as engaged in the reform the way we are
[10:43.320 --> 10:47.320]  But when they go into that court
[10:47.320 --> 10:53.320]  And that court just blows off all their documents like they didn't even matter
[10:53.320 --> 10:59.320]  Without fail, people come back to me and they are furious
[10:59.320 --> 11:03.320]  Not only are they furious, they're frightened
[11:03.320 --> 11:11.320]  They spent their whole life listening to what they were taught in grade school and high school
[11:11.320 --> 11:14.320]  About the system that we have
[11:14.320 --> 11:20.320]  And believing that they lived in a land of law
[11:20.320 --> 11:23.320]  And that they had the protection of the courts
[11:23.320 --> 11:29.320]  They go into the traffic court and find they have no such thing
[11:29.320 --> 11:36.320]  That in these courts the law makes zero difference, nobody cares
[11:36.320 --> 11:40.320]  They just want their money and they're going to get their money from you
[11:40.320 --> 11:41.320]  They don't care what you do
[11:41.320 --> 11:45.320]  And when you frighten human beings, they tend to get angry
[11:45.320 --> 11:49.320]  And they come back to me and people are furious
[11:49.320 --> 11:51.320]  That they've been treated this way
[11:51.320 --> 11:54.320]  Now we're ready to rock and roll
[11:54.320 --> 11:57.320]  So now they go to the next questionnaire
[11:57.320 --> 12:02.320]  And if you go in, we ask if the judge convened a hearing
[12:02.320 --> 12:09.320]  If they say yes, did the judge give you the opportunity to enter a statement
[12:09.320 --> 12:14.320]  Before any evidence was presented against you in the court
[12:14.320 --> 12:20.320]  And if you say no, that means you did not get an examining trial
[12:20.320 --> 12:25.320]  That the hearing that was convened was not an examining trial
[12:25.320 --> 12:30.320]  And it starts spitting out criminal complaints against the judge
[12:30.320 --> 12:38.320]  And then when the judge rules on the pleadings
[12:38.320 --> 12:43.320]  If the prosecutor has not responded to the pleadings
[12:43.320 --> 12:46.320]  And this is what we've got from prosecutors
[12:46.320 --> 12:50.320]  Well, we don't have any duty to respond to those pleadings
[12:50.320 --> 12:53.320]  Yeah, that's right, Bubba, you don't
[12:53.320 --> 12:58.320]  But if you don't respond to that pleading, you have another problem
[12:58.320 --> 13:05.320]  I'm going to bring up a document here that will demonstrate the problem that they have
[13:05.320 --> 13:15.320]  What the courts have said is while the prosecutor doesn't have no duty to respond to a pleading
[13:15.320 --> 13:26.320]  If he doesn't respond to the pleading, then it establishes formal, stipulate, formal
[13:26.320 --> 13:31.320]  I'm going to get the right word
[13:31.320 --> 13:35.320]  This goes to collateral estoppel
[13:35.320 --> 13:40.320]  Judicial admission, I'm sorry, so formal judicial admission
[13:40.320 --> 13:45.320]  To all of the facts that you stated in your document
[13:45.320 --> 13:53.320]  Here it is
[13:53.320 --> 13:56.320]  I've got a rather large document, I'm trying to find it in
[13:56.320 --> 13:58.320]  There it is
[13:58.320 --> 14:02.320]  Assertions of fact, not pled in the alternative
[14:02.320 --> 14:09.320]  In the live pleadings of a party are regarded as formal judicial admissions
[14:09.320 --> 14:16.320]  So when the prosecutor fails to respond to your pleadings
[14:16.320 --> 14:23.320]  Then you can go in the court and claim that the prosecutor has stipulated to all of the facts in the pleadings
[14:23.320 --> 14:32.320]  And demand that the judge rule on the pleadings as if there were no opposition
[14:32.320 --> 14:43.320]  And when the prosecutor steps up, then you object a judicially admitted fact is established as a matter of law
[14:43.320 --> 14:50.320]  And the admitting party may not dispute it or introduce evidence contrary to it
[14:50.320 --> 14:59.320]  PEXY PEX 172 SW 3D, 26 at 31, 2005 case
[14:59.320 --> 15:03.320]  That is called collateral estoppel
[15:03.320 --> 15:08.320]  When the prosecutor doesn't bother to read and answer the filings
[15:08.320 --> 15:11.320]  Then he's stuck with collateral estoppel
[15:11.320 --> 15:16.320]  And if the judge allows him to argue the issues
[15:16.320 --> 15:22.320]  We charge the judge for that particular act with official oppression
[15:22.320 --> 15:29.320]  Because the judge failed to properly apply the law to the facts
[15:29.320 --> 15:34.320]  And that's Walker v. Packer
[15:34.320 --> 15:39.320]  I'll get that right in a minute. I shouldn't have to memorize by now
[15:39.320 --> 15:44.320]  That a judge has a duty to properly apply the law to the facts
[15:44.320 --> 15:48.320]  A failure to do so is a due process violation
[15:48.320 --> 15:53.320]  And it opens the court to a remedy by rid of mandamus
[15:53.320 --> 16:02.320]  And when you get done with this hearing, you go back the next day with criminal charges against the judge, several of them
[16:02.320 --> 16:10.320]  A criminal charge for not reading the pleadings, a criminal charge for allowing the prosecutor to argue the pleadings when he didn't answer them
[16:10.320 --> 16:22.320]  A bar grievance, judicial conduct complaints, and a petition for rid of mandamus to the county court
[16:22.320 --> 16:30.320]  To order the municipal court to read the documents and properly apply the law to the facts
[16:30.320 --> 16:34.320]  And you come back with those the next day
[16:34.320 --> 16:41.320]  And you don't have to know anything about them. Just file them. Sign them. Send them
[16:41.320 --> 16:46.320]  And you will tie them up till they cannot prosecute Randy Kelton
[16:46.320 --> 16:52.320]  Debra Steven's rule of law radio. I'll call it number 512-646-1984
[16:52.320 --> 17:05.320]  We'll be right back.
[17:22.320 --> 17:26.320]  I'm going to throw away these yucky cookies in the trash
[17:26.320 --> 17:32.320]  I click control, shift, delete, and then scroll down to cookie and clear them
[17:32.320 --> 17:34.320]  Bye bye yucky cookies
[17:34.320 --> 17:40.320]  Now I go to logosradionetwork.com and I click on the Amazon box on the upper right-hand side
[17:40.320 --> 17:46.320]  Bookmark the link and I can go to Amazon through this link and order you some yummy new cookie
[17:46.320 --> 17:48.320]  New cookies? Or me?
[17:48.320 --> 17:54.320]  Consider it an early Christmas present and every time I order on Amazon I go through this link
[17:54.320 --> 17:58.320]  And I give a little present to this radio network too. These are cookies
[17:58.320 --> 18:00.320]  These are classified
[18:00.320 --> 18:05.320]  Are you being harassed by debt collectors with phone calls, letters, or even losses?
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[18:14.320 --> 18:20.320]  You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statute
[18:20.320 --> 18:24.320]  What to do when contacted by phones, mail, or court summons
[18:24.320 --> 18:26.320]  How to answer letters and phone calls
[18:26.320 --> 18:29.320]  How to get debt collectors out of your credit reports
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[18:33.320 --> 18:38.320]  The Michael Mears proven method is the solution for how to stop debt collectors
[18:38.320 --> 18:41.320]  Personal consultation is available as well
[18:41.320 --> 18:46.320]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears spanner
[18:46.320 --> 18:49.320]  Or email MichaelMears at yahoo.com
[18:49.320 --> 18:57.320]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[18:57.320 --> 19:00.320]  To learn how to stop debt collectors now
[19:00.320 --> 19:11.320]  You are listening to the Logos Radio Network. Logos Radio Network.com
[19:11.320 --> 19:31.320]  Music
[19:31.320 --> 19:35.320]  Okay, we are back. Randy Kelton, rule of law radio
[19:35.320 --> 19:44.320]  And one other little thing on my concern about launching the traffic site right now
[19:44.320 --> 19:56.320]  What happens when something occurs in a court is that the judges all have these boards and these panels that they go to
[19:56.320 --> 20:04.320]  And they discuss all of the stuff that happens that they don't know how to deal with
[20:04.320 --> 20:15.320]  And we, first time we petitioned for a declaratory judgment on a court for not ruling on a pleading
[20:15.320 --> 20:19.320]  Or not reading a pleading and properly applying the law to the facts
[20:19.320 --> 20:26.320]  The judge we do that to is going to get apoplexy, especially when we've also filed criminal charges against him
[20:26.320 --> 20:34.320]  For due process violation, for failing to apply law to the facts, we filed against the prosecutor and the judge
[20:34.320 --> 20:43.320]  For the prosecutor for arguing the facts against the facts and the motions including he did not answer
[20:43.320 --> 20:48.320]  And the judge for allowing the prosecutor to argue against him
[20:48.320 --> 20:52.320]  This is going to be something they've never seen before
[20:52.320 --> 20:59.320]  And this takes traffic enforcement to a whole other level
[20:59.320 --> 21:07.320]  And as soon as this happens to the first one, he's going to get on this forum and tell every one of them what's going on
[21:07.320 --> 21:12.320]  And all of them are going to get up in arms and most of them are lawyers
[21:12.320 --> 21:19.320]  And they're going to begin to see and realize what we're doing here
[21:19.320 --> 21:22.320]  And they're going to say, holy moly
[21:22.320 --> 21:32.320]  And for my concern is that someone with deep pockets like ProDocs or RocketDocs will see what I'm doing
[21:32.320 --> 21:37.320]  And say, hmm, we can do that
[21:37.320 --> 21:43.320]  And throw a lot of money at this and they can come up and produce a product
[21:43.320 --> 21:47.320]  It may not be as good as mine, it may not be as effective
[21:47.320 --> 21:54.320]  But they can produce competition to what I'm doing before I can get launched
[21:54.320 --> 22:00.320]  So I have that concern, I'm not sure if I should launch the traffic site
[22:00.320 --> 22:08.320]  If someone comes to me directly and wants to use the documents, I'll make it available to them
[22:08.320 --> 22:11.320]  I'm not going to charge anything for it now
[22:11.320 --> 22:17.320]  I'm going to keep it kind of close to the vest until we'll do a few
[22:17.320 --> 22:24.320]  Because I want to be able to show potential investors that it is being used and the effects that it's having
[22:24.320 --> 22:28.320]  And the production, the documents and such that it produces
[22:28.320 --> 22:36.320]  But if I do a full scale launch, I'm liable to have a large shark in this large pool
[22:36.320 --> 22:40.320]  Swallow this little minnow that's swimming around in it
[22:40.320 --> 22:48.320]  So I'm kind of stuck on the horns of a 20 dindima
[22:48.320 --> 22:54.320]  But I'm building a team now that we should have this worked out
[22:54.320 --> 23:01.320]  And if I can get some background funding, then I can build my background content
[23:01.320 --> 23:05.320]  So that when I launch, I don't have to worry about somebody coming and swallowing me
[23:05.320 --> 23:07.320]  Okay, enough of that
[23:07.320 --> 23:12.320]  Now I'm going to go to Kurt in Utah
[23:12.320 --> 23:14.320]  Hello, Kurt
[23:14.320 --> 23:16.320]  Hello, Randy. How are you doing tonight?
[23:16.320 --> 23:20.320]  I'm good. What do you have for us today?
[23:20.320 --> 23:25.320]  Well, I emailed in. I have a problem. I'm in Utah. I'm calling for Utah. It's a great state
[23:25.320 --> 23:29.320]  But my problem was in Wisconsin
[23:29.320 --> 23:35.320]  And I had a lady I went out there. I went out with for nine years
[23:35.320 --> 23:43.320]  And instead of evicting me, she pulled some dirty dealings and accused me of, like, battery
[23:43.320 --> 23:46.320]  And had me arrested
[23:46.320 --> 23:50.320]  And I was taken to jail for, like, five days
[23:50.320 --> 23:55.320]  And they charged me with disorderly conduct
[23:55.320 --> 24:05.320]  I got a public defender and a month later, the best deal he could give me was to give it my right to bear arms
[24:05.320 --> 24:09.320]  And there was never a firearm in the whole
[24:09.320 --> 24:18.320]  But a charge of domestic violence gets, you know, they take the, they take, they want to get rid of the weapons
[24:18.320 --> 24:21.320]  Because they don't want the two of you shooting each other
[24:21.320 --> 24:29.320]  Yeah. And that's in, that's Julian Code. I know it's in Texas Code. It's probably in Wisconsin Code as well
[24:29.320 --> 24:39.320]  I mean, but the judge seemed really anxious to, like, that was, I was under duress. They were, like, threatening me with basically nine months
[24:39.320 --> 24:42.320]  That's standard procedure
[24:42.320 --> 24:53.320]  Okay. Well, I was wondering, like, what, like I, like an idiot, I pled guilty to that and gave him my right to bear arms, which I had an issue with
[24:53.320 --> 24:57.320]  But it was seriously under duress because they were threatening me with nine months in jail
[24:57.320 --> 25:01.320]  Okay, no, that's not duress. Under law, that's not duress
[25:01.320 --> 25:02.320]  Okay
[25:02.320 --> 25:07.320]  Duress is where they threaten you with something that's illegal
[25:07.320 --> 25:12.320]  And what the courts have said about this is they're giving you an option
[25:12.320 --> 25:19.320]  You can spend this time in jail and when you get out, you can get, you can keep all your firearms
[25:19.320 --> 25:23.320]  Or you can make this deal with us and give up your firearms
[25:23.320 --> 25:28.320]  And you're right to, to bear, to own, to own or bear firearms
[25:28.320 --> 25:31.320]  And you don't have to spend all this time in jail. You're called
[25:31.320 --> 25:38.320]  Yeah, and at the time they were in her possession and I didn't know if they were there or not. I assumed they were there
[25:38.320 --> 25:43.320]  I didn't know about this and the court didn't know about this when I had my trial or I didn't have a trial
[25:43.320 --> 25:44.320]  Okay, okay
[25:44.320 --> 25:51.320]  I know where you're going. Let's get to where you're going. You want the, either the firearms back to the value of the firearms, correct?
[25:51.320 --> 26:02.320]  Yes, I sold, before I knew this, before the court date, I had sold them to a really good old friend and he, you know, fronted me the money, you know, hoping we'd get them
[26:02.320 --> 26:08.320]  And we went to court to, you know, get them back in his name because I wasn't allowed to possess them anymore
[26:08.320 --> 26:16.320]  And I think they had me filed the wrong stuff and now they want me to appear on the 30th of April in Wisconsin and I'm in Utah
[26:16.320 --> 26:27.320]  And you need to file a form non-convene and move them to allow a telephonic appearance
[26:27.320 --> 26:33.320]  Okay, form non-convene to a telephonic appearance
[26:33.320 --> 26:42.320]  Yes, look up form non-convene. You ask them to remove this to a, okay, you're in Utah
[26:42.320 --> 26:50.320]  I don't think there's any way to get this any better for you, so form non-convene may not work
[26:50.320 --> 27:01.320]  Since you were in Wisconsin at the time this issue occurred, you can't claim diversity of jurisdiction
[27:01.320 --> 27:04.320]  Well, they sent it to me on the day I left
[27:04.320 --> 27:23.320]  Okay, hold on. What does the agreement that you signed say? Does it say you give up your right to bear arms or does it say that you give your property to the court?
[27:23.320 --> 27:29.320]  Oh, it was definitely bear arms. The property was never mentioned. They never mentioned that
[27:29.320 --> 27:35.320]  Then what is the purpose of this hearing?
[27:35.320 --> 27:44.320]  It was supposed to be to put to my friend who bought the firearms. It was supposed for him to get custody of them
[27:44.320 --> 27:51.320]  And I think they had me fill out the wrong stuff where they gave me a new trial date basically and that isn't what I asked for
[27:51.320 --> 28:02.320]  Then you can, okay, I can't really respond effectively if I don't really know what's going on
[28:02.320 --> 28:09.320]  What paperwork did you file?
[28:09.320 --> 28:18.320]  It's unlikely this is a trial date. I think you may, they're setting a hearing date but not a trial date because
[28:18.320 --> 28:26.320]  Apparently you haven't violated probation. Did you move to Utah with, are you under probation?
[28:26.320 --> 28:28.320]  No, no, no.
[28:28.320 --> 28:41.320]  Okay, then I was fine. And then I left, my friend had to call me and tell me that now they sent a letter that said if I don't appear, failure to appear, I could get my driver's license
[28:41.320 --> 28:49.320]  Yeah, that's probably just a standard. They didn't make up a special notice. That's the one they always use
[28:49.320 --> 28:54.320]  I already went through this. So yeah, like I was just trying to get
[28:54.320 --> 28:57.320]  Okay, have you talked to the clerk?
[28:57.320 --> 28:58.320]  To my friend
[28:58.320 --> 29:08.320]  Have you talked to the clerk of the court and say, I have this summons to appear, but the court does not have preliminary jurisdiction
[29:08.320 --> 29:19.320]  Over you, so they can't order you to appear. The matter before the court is a civil matter or an administrative procedure
[29:19.320 --> 29:27.320]  Okay, let's get this, and he's probably going to tell you, oh yeah, well we send that out for everything. Don't worry about that part
[29:27.320 --> 29:38.320]  But prepare, just call the clerk and say, what do I do to get this judge to give me a telephonic appearance?
[29:38.320 --> 29:48.320]  Because I'm a thousand miles away, and it would be extremely inconvenient, cost you as much as the firearms are worse to get there and back
[29:48.320 --> 29:52.320]  So generally they'll be reasonable about this kind of thing
[29:52.320 --> 29:58.320]  Hang on, about to go to break Randy Kelton with the law radio, Randy Kelton Debra Stephens, we'll be right back
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[33:53.320 --> 34:03.320]  Okay, we are back, Randy Kelton, Deborah Stevens, Rule of Law Radio, and we have Kid Magnuson on the guest bridge today
[34:03.320 --> 34:10.320]  And we're talking to Curt in Utah, Stefan, Jeff, I see you there, we'll get to both of you
[34:10.320 --> 34:18.320]  We don't have a call screener tonight so our callers don't know if they're actually on or not so I'm letting them know
[34:18.320 --> 34:25.320]  Okay, on the break, Ken, you had some comments for Curt
[34:25.320 --> 34:35.320]  Yeah, the issue with what the hearing is probably about is about whether or not your friend is allowed to obtain possession
[34:35.320 --> 34:38.320]  They want to make sure that that's properly done
[34:38.320 --> 34:56.320]  So if you have a copy of the contract and he's got a copy before the bill of sale, you probably need to send a copy to the court with an affidavit saying that you made this bill of sale and attached the bill of sale that you gave to your friend for the firearms
[34:56.320 --> 35:07.320]  And then he presents that to the court and that shows that he has the right to possess them and that you'd end the whole issue
[35:07.320 --> 35:15.320]  Well, Curt, it's probably better if you send that directly to the court from yourself
[35:15.320 --> 35:16.320]  Yes
[35:16.320 --> 35:23.320]  And that way this guy's not bringing in something he could have manipulated and the court won't be uncomfortable
[35:23.320 --> 35:38.320]  But you might first call the clerk and make sure you tell the clerk what you want to do and does this sound okay, do you have any objection to it and if he tells you he can't give you legal advice then file a motion for telephonic hearing
[35:38.320 --> 35:49.320]  Appearance by telephone and then send this document with a verified affidavit, verified means notary
[35:49.320 --> 36:02.320]  So you take it to the notary, have it notarized, send that to the clerk, registered return receipt, so you can prove you sent it and this is why we take care of it self
[36:02.320 --> 36:08.320]  Okay, and what is there any chance of getting my right to bear arms reinstated?
[36:08.320 --> 36:19.320]  Oh, yeah. Ken, do you know how long that right is abated on a domestic violence issue?
[36:19.320 --> 36:37.320]  I have no earthly idea. Chances are if there were no conditions to your release and you paid the fine, I would wait, you know, maybe six months, maybe a year and then apply for a motion to expunge
[36:37.320 --> 36:47.320]  Okay. But you'll have to do that under Wisconsin law. Okay. Oh, wow. Very informative. Thank you.
[36:47.320 --> 36:56.320]  The best thing to do is look up the code and you can look it all up on the Internet and people tend to kind of shy away from the code.
[36:56.320 --> 37:15.320]  Ken will attest the code is very well written. These legislators who propose these codes and code changes, they tend to agonize over every single word.
[37:15.320 --> 37:23.320]  So the code tends to be very clear and relatively easy to understand.
[37:23.320 --> 37:44.320]  So before you do anything, read the code concerning what to do and when you want to file this affidavit with the court, do some research and on the web see if you can find out the rules concerning filing affidavits in Wisconsin courts.
[37:44.320 --> 37:57.320]  Or you could call the clerk and kind of move the clerk and ask her, where would I look for rules going to this issue? Now that's not giving legal advice and she knows that she can tell you.
[37:57.320 --> 37:59.320]  Okay.
[37:59.320 --> 38:14.320]  Or you might even call a lawyer in Wisconsin and tell them what your problem is. On stuff like this where the lawyer's not actually being asked to do something, they tend to be helpful because they want to get your business later.
[38:14.320 --> 38:21.320]  So you can call a lawyer there or you might even pay a lawyer a 50 or 100 bucks and he'll get this done for you.
[38:21.320 --> 38:29.320]  I got another idea. You can call a law librarian and see whether they know where the code is.
[38:29.320 --> 38:35.320]  Very good idea. Law librarians, librarians are excellent.
[38:35.320 --> 38:37.320]  Okay.
[38:37.320 --> 38:39.320]  Okay. Thank you, Kurt.
[38:39.320 --> 38:42.320]  That sounds good. Oh, and thank you. Nice talking to you, Randy.
[38:42.320 --> 38:51.320]  Thank you. Now we're going to go to Stefan in Idaho. Stefan, what do you have for us today?
[38:51.320 --> 39:07.320]  Well, you mentioned in the past that the best way to write legal documents is to plagiarize previous court cases. I have Pacer now and I was wondering if you knew of any good court cases I could download and use as templates.
[39:07.320 --> 39:18.320]  Oh, that's a pretty general question. I know of lots and lots of court cases you could use as templates. What's the issue?
[39:18.320 --> 39:35.320]  Well, getting a public official to do what they're supposed to do is basically what the tort is all about. But I've never written a tort letter.
[39:35.320 --> 39:40.320]  Okay. Hold on.
[39:40.320 --> 39:44.320]  Give me some details on what the issue is.
[39:44.320 --> 40:09.320]  Oh, it was the property tax issue. And I asked for evidence and based on the Idaho Open Records Act, they were supposed to respond in writing within three days. And when they don't, they have to have a statute, a justification for the rejection.
[40:09.320 --> 40:16.320]  And that didn't happen. Wait a minute. Did you say they had to respond within three days?
[40:16.320 --> 40:18.320]  In writing.
[40:18.320 --> 40:31.320]  Wow. That's nice and short. What is the remedy for violation of the Idaho Open Records Act?
[40:31.320 --> 40:55.320]  Well, you have to file a case with their office. But it's a $1,000 fine. So they've already violated the Open Act. Both people that I'm dealing with. But nobody is still providing me with the evidence.
[40:55.320 --> 41:11.320]  Okay. Hold on. Hold on. This is not a matter where you would necessarily need case law because you have a third party, which is the agency that oversees.
[41:11.320 --> 41:25.320]  In taxes, it would be the Attorney General, whoever it is in Idaho. They have a duty to oversee this. And if your facts are sufficient, you probably won't need a lot of case law in that regard.
[41:25.320 --> 41:28.320]  Okay.
[41:28.320 --> 41:44.320]  I just can't believe that I'm just writing out something. I'm at a loss. And so if I, I have case law, but it's hard to know what to even search on because you have to know the name.
[41:44.320 --> 41:58.320]  The problem with PACER in your case is PACER only has federal law. And you're not dealing with federal law, you're dealing with states. So that won't be very helpful.
[41:58.320 --> 42:03.320]  I was under the impression that everything was filed electronically now.
[42:03.320 --> 42:09.320]  No, everything is. But everything's not on PACER. PACER is only for the federal courts.
[42:09.320 --> 42:11.320]  Okay.
[42:11.320 --> 42:18.320]  You might be able to find, you know, I just go to Google. I do real good on Google.
[42:18.320 --> 42:29.320]  There's another issue here. Yeah. And the other part of this is what you've got to do is this has to do with taxing authorities and open records within the state.
[42:29.320 --> 42:49.320]  And you might Google on that and see if you can find the codes that goes with this. And the key is then to look up case law around that code. If the attorney general of the state has jurisdiction over it, you may look for the avenues the attorney general is allowed to use.
[42:49.320 --> 42:59.320]  But you also want to look up the property code to see if there's any exemptions for them with regard to the public information request.
[42:59.320 --> 43:08.320]  Frequently in Texas, we do public information requests and they won't respond because the information you're asking for is specifically excluded.
[43:08.320 --> 43:16.320]  And they'll just pretend that they never got the request. They won't tell you that it's excluded in some cases, but they'll just not answer.
[43:16.320 --> 43:28.320]  So make sure that you're on solid ground that you have a right to have this information, that this is part of your right as a property owner to know what they're doing, what documents they have or whatever.
[43:28.320 --> 43:43.320]  And then the remedy is going to be within the context of whatever rules with regards to litigation to either command them to do it, which is usually a writ of mandamus.
[43:43.320 --> 43:46.320]  And it would be a several suit.
[43:46.320 --> 44:15.320]  Hang on, Ken. We're about to go to break. Randy Kelton, Deborah Stevens, Reel of Our Radio, our call in number 512-646-1984. We'll be right back.
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[46:27.320 --> 46:42.320]  Okay, we are back. Randy Kelton, Debra Stevens, Rule of Law Radio, and we're talking to Stefan in Idaho.
[46:42.320 --> 46:58.320]  Stefan, the best thing I can tell you, read the code. I don't know the code in Idaho, and I specifically don't know the code concerning property tax issues or open records issues.
[46:58.320 --> 47:09.320]  So if you could tell me what the code says, I can give you an idea how to educate these issues. But without that, I can't be very helpful.
[47:09.320 --> 47:14.320]  Okay, I'll get back with you on that, Dan.
[47:14.320 --> 47:22.320]  Okay, thank you, Stefan. Now we're going to go to Jeff in Mississippi. Hello, Jeff.
[47:22.320 --> 47:24.320]  Hey, Randy.
[47:24.320 --> 47:27.320]  What do you have for us today?
[47:27.320 --> 47:44.320]  Okay, well, I'm going to go way back in the past. I had a trial with a judge in Mississippi, and he ended up violating one of my constitutional rights.
[47:44.320 --> 48:13.320]  I won an appeal, and in the appeal, the appellate court said that the judge violated my constitutional rights. So I called into the show several months ago, and we had talked about filing charges with the federal grand jury at the federal court in that district of Mississippi, and I did that.
[48:13.320 --> 48:31.320]  Now, I made a mistake when I, what I did was if you click on the website for that federal court, and they've got a page for you to file charges, and I downloaded it, and I filled it out.
[48:31.320 --> 48:37.320]  I did not put to the foreman of the grand jury.
[48:37.320 --> 48:49.320]  That's okay. That's okay. Okay. When I addressed my envelope, I put to the foreman of the grand jury, but I didn't scan that or make a copy of it.
[48:49.320 --> 49:06.320]  So my charges don't have any names on it. It just writes out the charge. So my first question is, do I need to fill that out again and send it second time with the foreman of the grand jury labeled on it?
[49:06.320 --> 49:22.320]  Official misconduct, Ken, do you know what the statute of limitations is for violation of 18 U.S. Code 242? The federal class A, Mr. Minner.
[49:22.320 --> 49:36.320]  I'm not sure. As long as the court is still in the process of doing it in some way, the statute, let's see.
[49:36.320 --> 49:45.320]  Oh, wait a minute. What's the case out of Illinois where they stung the judge for 20 years of bad behavior?
[49:45.320 --> 49:53.320]  That was the Graylord, Operation Graylord. Graylord. So as long as the judge is...
[49:53.320 --> 49:55.320]  Pardon me?
[49:55.320 --> 49:58.320]  241, statute of limitations.
[49:58.320 --> 49:59.320]  Okay.
[49:59.320 --> 50:02.320]  In a second, I'll have it.
[50:02.320 --> 50:09.320]  Oh, wait, wait, wait. Statute of limitations don't apply here because the judge is still in office.
[50:09.320 --> 50:11.320]  That was out of the Graylord case.
[50:11.320 --> 50:14.320]  That was out of the... It was Mallory case.
[50:14.320 --> 50:16.320]  That was Mallory.
[50:16.320 --> 50:24.320]  Operation Graylord after that judge. And the judge says, you can't prosecute me for those because the statute of limitations ran out.
[50:24.320 --> 50:31.320]  And the court said, as long as the judge is in office, he's in a position to protect himself.
[50:31.320 --> 50:36.320]  And therefore, the clock doesn't start running until he gets out of office.
[50:36.320 --> 50:45.320]  So, Jeff, I'd suggest you correct your filings and refile it.
[50:45.320 --> 50:47.320]  I got another comment.
[50:47.320 --> 50:49.320]  Go ahead.
[50:49.320 --> 51:00.320]  Okay. One of the things that I have read in a couple of articles by lawyers and law firms is you never want to use the forms that you're necessarily given.
[51:00.320 --> 51:09.320]  They may omit things. What you may want to do is look up the statutes with regards to the format of the complaint that goes through the grand jury.
[51:09.320 --> 51:20.320]  And you use the format that's online as a guideline, but you don't necessarily have to use it unless it's prescribed specifically by the statute.
[51:20.320 --> 51:35.320]  Frequently, prosecutors will make up their own form and omit rights or commit you to a certain position that you don't have to commit yourself to if you use your own form.
[51:35.320 --> 51:38.320]  That is a very good point.
[51:38.320 --> 51:43.320]  When I go in to do an open records request, they have to say, well, you have to use our form.
[51:43.320 --> 51:50.320]  I said, no. I'm going to use my form because my form is a lot more obnoxious.
[51:50.320 --> 51:53.320]  And I like obnoxious. Well, you have to do it on our form.
[51:53.320 --> 52:02.320]  I said, well, I'll give you this form. You can either take it or not. I don't care. They always take it because they know.
[52:02.320 --> 52:04.320]  Doesn't make any difference how you request it.
[52:04.320 --> 52:13.320]  Okay. As to federal complaints, send me an email. I'll send you some samples of some that I have filed.
[52:13.320 --> 52:15.320]  Oh, good.
[52:15.320 --> 52:23.320]  Okay. A federal criminal complaint has the same kind of heading as a motion or pleading in the court.
[52:23.320 --> 52:36.320]  Texas seems to be the only state that has a specific format. It says the all criminal complaints shall run in the name of the state of Texas.
[52:36.320 --> 52:45.320]  And they have to start out with stating that you have reason to believe and do believe.
[52:45.320 --> 52:53.320]  And the date must be anterior to the date of the commission of the crime.
[52:53.320 --> 52:58.320]  That's the only thing in a criminal complaint that can't be fixed.
[52:58.320 --> 53:05.320]  If you claim that somebody committed a crime tomorrow, you can't fix that when it gets trashed.
[53:05.320 --> 53:19.320]  But in the Fed and in most states, a criminal complaint looks like any other pleading filed in the court except this title complaint instead of motion or whatever.
[53:19.320 --> 53:24.320]  So I will send you some samples of what I have done.
[53:24.320 --> 53:39.320]  These got a FBI agent fired. But then I did file against the agent's boss's boss's boss and accused him of authorizing what the agent did.
[53:39.320 --> 53:48.320]  And the next day we talked to the U.S. attorney and he said this agent was no longer with the agency.
[53:48.320 --> 53:57.320]  I got this guy that's got these four rules and one of them is everything's political.
[53:57.320 --> 54:03.320]  Another issue here. Yeah, just again, another issue here.
[54:03.320 --> 54:16.320]  Scott, if you're going to do this, the termination by the appellate court in your case that said that he violated your constitutional rights, you want to staple that opinion through the complaint.
[54:16.320 --> 54:18.320]  Got it.
[54:18.320 --> 54:22.320]  That is res judicata.
[54:22.320 --> 54:30.320]  He can't undo that. That's done, you know.
[54:30.320 --> 54:34.320]  And he's probably not going to see the criminal complaint coming. What's going to happen?
[54:34.320 --> 54:51.320]  And what I suggest you do is find out who the special agent in charge for that district is and send your complaint, a complaint initially to the special agent in charge.
[54:51.320 --> 55:06.320]  Ken, do you remember the statute that requires a federal official when he has knowledge that another federal official has violated a law he must give notice to the U.S. Attorney General?
[55:06.320 --> 55:09.320]  I don't remember where that is, but there is that.
[55:09.320 --> 55:28.320]  The other thing, yeah, along that line, the other thing I want to make sure is that complaints being filed in a vacuum nobody else knows about. You need to decide to send a cover letter about your interest in justice and send a copy of the complaint just as an FYI to your U.S.
[55:28.320 --> 55:35.320]  Congressman in your district and both your U.S. Senators.
[55:35.320 --> 55:40.320]  Okay, got it.
[55:40.320 --> 55:46.320]  Yeah, and a copy to Randy Kelton, too.
[55:46.320 --> 55:47.320]  Absolutely.
[55:47.320 --> 55:50.320]  Okay, sure.
[55:50.320 --> 55:58.320]  Yeah, if you file this stuff and nobody thinks it's out there anywhere, they can throw it to trash and you don't know whatever happens.
[55:58.320 --> 56:10.320]  Well, that goes to my second step. You file it with the FAC and you send it registered.
[56:10.320 --> 56:11.320]  Return the seat.
[56:11.320 --> 56:17.320]  It doesn't need to be restricted. Just return the seat.
[56:17.320 --> 56:38.320]  Okay, you wait two, three, four weeks. Then you send a letter, an information request to the Attorney General in Washington, D.C. and ask for a copy of the notice that the essay sent to him under, I think it's 28 U.S.C.
[56:38.320 --> 56:44.320]  353, that's probably wrong, but I'll have to look it back up.
[56:44.320 --> 56:56.320]  But you ask the Attorney General to give you a copy of the notice sent to you of a criminal complaint being filed against this judge.
[56:56.320 --> 57:05.320]  And when you don't get a reply, I got a reply back saying they're looking into my request and never heard from him again.
[57:05.320 --> 57:15.320]  So when they don't respond or they send you this saying they're examining into it and never respond again, you can send a backup letter.
[57:15.320 --> 57:23.320]  And when you don't get that from them, either they tell you they don't have it or don't send it to you, then you can presume it doesn't exist.
[57:23.320 --> 57:30.320]  Then you file a criminal complaint against the SAC with the U.S. Attorney.
[57:30.320 --> 57:41.320]  Accusing the SAC of violating this law relating to his office and denying you in the form of free access to a journal of your right to equal protection with a loss.
[57:41.320 --> 57:46.320]  He's going to get that, the U.S. Attorney, and he's going to trash it.
[57:46.320 --> 58:03.320]  So you wait another two, three weeks and then you send a request to the Attorney General asking for the notice that the U.S. Attorney sent to the Attorney General of the violation by the SAC and they're not going to respond.
[58:03.320 --> 58:31.320]  You wait another two, three weeks, then you file a criminal complaint against the U.S. Attorney and send it to the Foreman of the Grand Jury at the U.S. Attorney's address and put a cover letter on it over it asking the Foreman to initial this document and return it in the stamp self-address envelope that's enclosed.
[58:31.320 --> 58:34.320]  Please do not sign it.
[58:34.320 --> 58:49.320]  We have problems with U.S. Attorneys refusing to prosecute public officials and we're concerned that the U.S. Attorney will use his rubber stamp to rubber stamp your name on this document.
[58:49.320 --> 59:06.320]  The Bible remains the most popular book in the world yet countless readers are frustrated because they struggle to understand it. Some new translations try to help by simplifying the text but in the process can compromise the profound meaning of the Scripture.
[59:06.320 --> 59:27.320]  Enter the recovery version. First, this new translation is extremely faithful and accurate but the real story is the more than 9,000 explanatory footnotes. Difficult and profound passages are opened up in a marvelous way providing an entrance into the riches of the word beyond which you've ever experienced before.
[59:27.320 --> 59:50.320]  Bibles for America would like to give you a free recovery version simply for the asking. This comprehensive yet compact study Bible is yours just by calling us toll-free at 1-888-551-0102 or by ordering online at freestudybible.com. That's freestudybible.com.
[59:50.320 --> 01:00:00.320]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:00.320 --> 01:00:22.320]  The following is flash is brought to you by the Lone Star Lowdown.
[01:00:31.320 --> 01:00:55.320]  The year 1989 I ran in the United Kingdom break diplomatic relations after a fight over Simon Rushdie's controversial novel The Cetanic Versus Today in History.
[01:00:55.320 --> 01:01:11.320]  In recent news, President Trump's top economic advisor Gary D. Cohn stated yesterday Tuesday that he was indeed resigning this after giving a heads up last week that he was considering doing so if President Trump decided to fall through with his tariffs on imported aluminum and steel.
[01:01:11.320 --> 01:01:27.320]  Of course, with President Trump's announcement last week that he would indeed levy tariffs on aluminum and steel imports, the reason for Mr. Cohn's departure seems obvious for many considering he was one of the lone vocal opponents of any such measures in the administration.
[01:01:27.320 --> 01:01:43.320]  According to a report by The Daily Mail, skeletal biology expert Richard Jantz out of the University of Tennessee believes he may have found the skeletal remains of Amelia Earhart on a Pacific Island. Amelia went missing in 1937 when her plane and navigator Fred Newton were never to be found.
[01:01:43.320 --> 01:02:09.320]  At least until now, Richard Jantz stated that what I can say scientifically is that they, the recent Pacific Island remains, are 99% likely to be hers. Interesting timing for this finding to be released considering that the 1932 Hudson Essex Terraplane, which once belonged to Earhart, was reportedly stolen on Friday, February 23, 2018, only to be found three days later on the street corner in the Sereno neighborhood in L.A.
[01:02:13.320 --> 01:02:25.320]  The crypto market took a big blow today, Wednesday, with the top 10 currencies suffering 5-10% losses. This downturn right after the Securities and Exchange Commission announced that it would be requiring digital asset exchanges to register with them.
[01:02:25.320 --> 01:02:43.320]  According to the SEC statement, quote, if a platform offers trading of digital assets that are securities and operates as an exchange as defined by the federal securities laws, then the platform must register with the SEC as a national securities exchange or be exempt from registration.
[01:02:43.320 --> 01:02:59.320]  The low-style lowdown is looking for sponsors. If you have a product or a service you'd like to advertise with us, feel free to give me a call at 210-363-2257. This was Rick Rody with your lowdown for March 7, 2018.
[01:03:13.320 --> 01:03:35.320]  Okay, we are back. Randy Kelton, Deborah Stevens, Wheel of Law Radio, and we're talking to Jeff and Miss Sippy.
[01:03:35.320 --> 01:03:50.320]  Okay, Ken, you had another comment on notifying... Oh, yeah, you got a bad judge in state court. Even though you're filing criminal complaints in federal court, which is appropriate, you want to let the state officials know, too.
[01:03:50.320 --> 01:04:05.320]  So you want to file a judicial conduct complaint against him. You also want to file a copy of that judicial conduct complaint with your state representative and your state senator to make sure that they're aware that you have this problem with this judge.
[01:04:05.320 --> 01:04:14.320]  The idea is to make this politically so hot that this judge will never be appointed to anything in the state of Mississippi.
[01:04:14.320 --> 01:04:33.320]  And what happened to Jeff, and this was a standard procedure in this court, anybody who fought their issue would be required to come down to the court and sit in the court every day for a week. How often was that, Jeff, that that occurred?
[01:04:33.320 --> 01:04:42.320]  Two weeks, every three months, so you had to be down there from nine to five. That's definitive.
[01:04:42.320 --> 01:04:47.320]  That's what I said. That's punishment before the trial.
[01:04:47.320 --> 01:04:53.320]  And that's clearly designed to force you to pay your fines.
[01:04:53.320 --> 01:04:59.320]  So that should definitely be brought to your legislators.
[01:04:59.320 --> 01:05:05.320]  And are you still working on a RICO suit against these guys?
[01:05:05.320 --> 01:05:14.320]  I haven't started. I'm at the point where I want to get started. So I got confused at the beginning.
[01:05:14.320 --> 01:05:24.320]  I filed a criminal complaint with the foreman of the grand jury in the federal district court of Mississippi, my district.
[01:05:24.320 --> 01:05:35.320]  But are you saying to go ahead and file a complaint with the SAC, which is the FBI, and not file it in the federal court?
[01:05:35.320 --> 01:05:39.320]  You're only filing it with the SAC in order to set them up.
[01:05:39.320 --> 01:05:47.320]  So that when you go to the foreman of the grand jury, you want to go to the foreman of the grand jury with a criminal complaint against the U.S. attorney.
[01:05:47.320 --> 01:05:58.320]  Accusing the U.S. attorney of shielding the FBI agent from prosecution for shielding the judge from prosecution.
[01:05:58.320 --> 01:06:04.320]  So it kind of puts the U.S. attorney in a quandary here.
[01:06:04.320 --> 01:06:12.320]  And then you send the complaint to the U.S. attorney and notify them of the bad behavior.
[01:06:12.320 --> 01:06:20.320]  I'm sorry, of the attorney general had notified the attorney general of the bad behavior on the part of the U.S. attorney.
[01:06:20.320 --> 01:06:33.320]  And then the U.S. attorney is looking at a president who has his resignation and needs an excuse to dump some U.S. attorneys in replacing with his appointees.
[01:06:33.320 --> 01:06:36.320]  Little politics here.
[01:06:36.320 --> 01:06:43.320]  Okay, so don't worry about the federal district court in Mississippi. Let's just go straight to the FBI.
[01:06:43.320 --> 01:06:44.320]  Yes.
[01:06:44.320 --> 01:06:47.320]  You both. Oh, you're saying no?
[01:06:47.320 --> 01:06:52.320]  No, I'm saying let the FBI screw up all they want to.
[01:06:52.320 --> 01:07:00.320]  What you're trying to do is make grand jury noises.
[01:07:00.320 --> 01:07:07.320]  Prosecutor, the federal prosecutor is going to claim that he controls access to a grand jury.
[01:07:07.320 --> 01:07:10.320]  And we're going to challenge that.
[01:07:10.320 --> 01:07:15.320]  You can secret a complaint against yourself from the grand jury.
[01:07:15.320 --> 01:07:19.320]  How does that work, Bubba?
[01:07:19.320 --> 01:07:23.320]  So we don't really want them to give them to the grand jury because grand jury just no bill.
[01:07:23.320 --> 01:07:26.320]  I mean, they'll be done.
[01:07:26.320 --> 01:07:34.320]  We want to make all the noise and all the political trouble that we can on the way there and highlight all these bad behaviors.
[01:07:34.320 --> 01:07:53.320]  So when you go to the Fed with a Rico suit, you can say this is a ongoing criminal conspiracy that starts at the very bottom and like crud floats the sink to the top.
[01:07:53.320 --> 01:08:11.320]  The only reason the state judge would pull these kinds of shenanigans is he knows that those officials in a position to punish him for his bad behavior are part of the criminal conspiracy, not to.
[01:08:11.320 --> 01:08:23.320]  And the feds are going to say, we're going to do with that. Well, prove it, guys. When you put the feds on the dime, they're going to get real upset with the state guys.
[01:08:23.320 --> 01:08:32.320]  It's not about involving as many as we can and getting as much political back and forth as we can.
[01:08:32.320 --> 01:08:38.320]  Okay, so I'm going to file charges to the FBI against the state judge. I'm going to do it tomorrow.
[01:08:38.320 --> 01:08:52.320]  Yeah, don't call them because you'll get some guy that won't tell you who he is. They play secret police. Just go online and find out who the special agent in charge is for that area.
[01:08:52.320 --> 01:09:01.320]  Send it certified mail to him. That puts him on the dime. They can hide all the names they want to.
[01:09:01.320 --> 01:09:04.320]  Okay, special agent in charge.
[01:09:04.320 --> 01:09:10.320]  And if you can't find who he is, just send it to special agent in charge of this district.
[01:09:10.320 --> 01:09:17.320]  You don't care who he is. We'll get him named unknown special agent in charge. That'll work.
[01:09:17.320 --> 01:09:19.320]  Okay.
[01:09:19.320 --> 01:09:22.320]  Okay, and send it to that district of Mississippi.
[01:09:22.320 --> 01:09:23.320]  Yes.
[01:09:23.320 --> 01:09:24.320]  That field office.
[01:09:24.320 --> 01:09:26.320]  Exactly.
[01:09:26.320 --> 01:09:29.320]  I'll call you next week and tell you what they want to do.
[01:09:29.320 --> 01:09:35.320]  Okay. Well, have fun. Okay, thank you, Jeff.
[01:09:35.320 --> 01:09:48.320]  And before we go to the next caller, Ken, the reason Ken called in is he's been working on some issues with examining trials.
[01:09:48.320 --> 01:09:53.320]  Ken and I have been working on this issue for what, 10 years now, Ken?
[01:09:53.320 --> 01:09:56.320]  Oh, at least.
[01:09:56.320 --> 01:10:04.320]  So he's just prepared a document file in court. Will you explain what the case and what you have filed?
[01:10:04.320 --> 01:10:20.320]  Well, examining trials, essentially, are defined specifically for Texas, but they are a subset or a process that addresses the issue of probable cause in criminal complaints.
[01:10:20.320 --> 01:10:23.320]  Okay, hold on just a second.
[01:10:23.320 --> 01:10:31.320]  In most every state in the Ingerstein pew in the Fed, the Fed calls this a preliminary hearing.
[01:10:31.320 --> 01:10:38.320]  The most other states call it a preliminary hearing, but Texas calls it an examining trial specifically.
[01:10:38.320 --> 01:10:41.320]  Okay, I'll shut up now.
[01:10:41.320 --> 01:10:43.320]  Right.
[01:10:43.320 --> 01:10:47.320]  That's fine. For clarity, I want you to do that.
[01:10:47.320 --> 01:11:02.320]  The issue that has been running around this state for a long time is an old case called Fark v. State where the court of criminal appeals, and just so the listeners have an idea,
[01:11:02.320 --> 01:11:12.320]  some states have one Supreme Court that is the superior court of overall courts in the state of Texas, coming into state, whatever state that is.
[01:11:12.320 --> 01:11:26.320]  In Texas, it's bifurcated. We have a state Supreme Court, which is over all of the constitutional issues and civil matters, and then we have a court of criminal appeals, which hears only criminal matters.
[01:11:26.320 --> 01:11:39.320]  So all criminal appeals go to the court of criminal appeals, except when there's a specific constitutional issue, that question then may end up going to the state Supreme Court.
[01:11:39.320 --> 01:11:51.320]  This Fark v. State was determined back in 1965 about whether or not misdemeanor cases you have a right to an examining trial.
[01:11:51.320 --> 01:12:07.320]  Because the criminal procedure is pretty clear, the requirements for arrest with or without warrant, and the fact that there's only one place where probable cause must be determined,
[01:12:07.320 --> 01:12:18.320]  and that's in Chapter 16, which is about the examining trial code of criminal procedure, and they've avoided this for an enormous amount of time.
[01:12:18.320 --> 01:12:30.320]  As a matter of fact, if Jeff is listening, one of the cases he may want to look at is a Houston case, which is a class action suit involving people who were arrested,
[01:12:30.320 --> 01:12:39.320]  and it's a class action 1983 case, so that's going to have all the format you need for 1983 case.
[01:12:39.320 --> 01:12:52.320]  And it has already survived the 12B6 mandatory, let's dismiss this, challenge by the defendants, which was Harris County and City of Houston.
[01:12:52.320 --> 01:13:02.320]  But in any event, the issue of the examining trial is the only way you get to have a probable cause determination in Texas.
[01:13:02.320 --> 01:13:06.320]  Now, they've been avoiding this and not doing this systematically.
[01:13:06.320 --> 01:13:08.320]  Well, we've turned up the case finally.
[01:13:08.320 --> 01:13:15.320]  This is the case that Randy and I have been looking for for years, and it's a case called Ex parte Garcia.
[01:13:15.320 --> 01:13:31.320]  And Ex parte Garcia basically states in it, it's a misdemeanor case, it's a writ of habeas corpus case.
[01:13:31.320 --> 01:13:42.320]  If somebody gets arrested and then they get charged and they never end, they get in a certain jail and languish in jail, which is what this case in Houston is about,
[01:13:42.320 --> 01:13:47.320]  that's an issue for a writ of habeas corpus to get you out of jail.
[01:13:47.320 --> 01:13:53.320]  So the failure to do a proper examining trial is directly on that issue.
[01:13:53.320 --> 01:13:57.320]  It's a habeas corpus issue, and that's what Ex parte Garcia is.
[01:13:57.320 --> 01:14:02.320]  And the Court of Criminal Appeals back in the 1970s, I don't have the case right in front of me,
[01:14:02.320 --> 01:14:17.320]  sometime in the 1970s when this case was determined, clearly articulated the necessity of the police officer to take you directly, directly to the magistrate for an examining trial.
[01:14:17.320 --> 01:14:26.320]  And yet they're trying to pass this off as not applicable because it's supportive documentation for habeas.
[01:14:26.320 --> 01:14:32.320]  In every case where you don't get an examining trial and you're still in jail, you have to file a habeas corpus.
[01:14:32.320 --> 01:14:37.320]  So it's the exact same case, it's the exact same process.
[01:14:37.320 --> 01:14:49.320]  So we've been looking through this and their argument, Clark v. State, is about the Code of Criminal Procedure and the language of the examining trial,
[01:14:49.320 --> 01:15:01.320]  they state there's a passage that says the accused, in any felony case, shall have the right to an examining trial before indictment in the county having jurisdiction over the offense,
[01:15:01.320 --> 01:15:13.320]  whether he be in custody or on bail, at which time the magistrate at the hearing shall determine the amount of sufficiency of bail if available case.
[01:15:13.320 --> 01:15:19.320]  Well, they've been reading that passage to say that you have a right to an examining trial and only in a felony case.
[01:15:19.320 --> 01:15:22.320]  They're making it an exclusive right.
[01:15:22.320 --> 01:15:25.320]  If you don't mention it as an exclusive right, it's excluded.
[01:15:25.320 --> 01:15:29.320]  And that's an entire misrepresentation of what it is.
[01:15:29.320 --> 01:15:39.320]  What that line is, is clearly a limitation in examining trials, in felony cases, the limitation is you've got to do it before you're indict it.
[01:15:39.320 --> 01:15:42.320]  And it says nothing about misdemeanors.
[01:15:42.320 --> 01:15:45.320]  The limitation is on the grand jury.
[01:15:45.320 --> 01:15:57.320]  The grand jury is stopped from holding an indictment, from issuing an indictment, until the person has been arrested.
[01:15:57.320 --> 01:15:59.320]  Now, 2022...
[01:15:59.320 --> 01:16:00.320]  No, no.
[01:16:00.320 --> 01:16:02.320]  Let me put her up.
[01:16:02.320 --> 01:16:03.320]  Wait, wait.
[01:16:03.320 --> 01:16:05.320]  That's not quite the story.
[01:16:05.320 --> 01:16:06.320]  No, hold on.
[01:16:06.320 --> 01:16:07.320]  I'll get to that.
[01:16:07.320 --> 01:16:08.320]  I'll get to that.
[01:16:08.320 --> 01:16:09.320]  Okay.
[01:16:09.320 --> 01:16:25.320]  2022 says that if a person is indicted, but they haven't been arrested, then the clerk of the court cannot enter the fact of the indictment into the minutes of the court.
[01:16:25.320 --> 01:16:30.320]  And the clerk will issue a capious warrant for the person's arrest.
[01:16:30.320 --> 01:16:43.320]  And then the person's to be arrested. Well, according to standing law, the first thing that must happen when they're arrested, they're to be taken directly to the nearest magistrate for an examining trial.
[01:16:43.320 --> 01:16:54.320]  That's the reason that's in 2022, to support the requirement that the examining trial occur before the indictment.
[01:16:54.320 --> 01:17:00.320]  So even if the grand jury's ruled on it and found it, it stops. It doesn't go to the court until...
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[01:19:39.320 --> 01:19:42.320]  Okay, we are back.
[01:19:42.320 --> 01:19:55.320]  Randy Kelton rules our radio and we're talking on the break about examining trial, an indictment.
[01:19:55.320 --> 01:19:58.320]  Okay, go ahead Ken, I'll shut up for a moment.
[01:19:58.320 --> 01:20:10.320]  The issue about the indictment was that some attorneys have gone and gotten a restraining order to prevent the district attorney from rushing to get an indictment.
[01:20:10.320 --> 01:20:18.320]  And the discussion that I just had with Randy is all about the issue of the fact that an examining trial allows cross-examination of the witnesses.
[01:20:18.320 --> 01:20:24.320]  And that's in 1606, counsel may examine witnesses.
[01:20:24.320 --> 01:20:34.320]  The primary issue of the examining trial is it gives the accused opportunity to enter exculpatory evidence into the record.
[01:20:34.320 --> 01:20:47.320]  First thing they must do is give the accused the opportunity to make a statement before any evidence is put in the record against the accused.
[01:20:47.320 --> 01:20:51.320]  So it's clearly for the purpose of exculpatory evidence.
[01:20:51.320 --> 01:20:57.320]  Then, once there's an examining trial, all of those records go to the grand jury.
[01:20:57.320 --> 01:21:04.320]  So now the grand jury gets both sides.
[01:21:04.320 --> 01:21:07.320]  Yeah, that makes sense.
[01:21:07.320 --> 01:21:17.320]  But the issue is that clearly 1601 does not bar or eliminate the right to an examining trial to a misdemeanor case.
[01:21:17.320 --> 01:21:24.320]  So you have people that are accused of a lesser crime and they languish in jail for want of an examining trial.
[01:21:24.320 --> 01:21:29.320]  And that's what they've been doing across the state for 50 years.
[01:21:29.320 --> 01:21:33.320]  Okay, let's go to 16.17.
[01:21:33.320 --> 01:21:40.320]  Because I had been arguing that no right to examining trials, so what?
[01:21:40.320 --> 01:21:48.320]  You have a right to due process and due process says that if you're arrested for any reason, with or without a warrant,
[01:21:48.320 --> 01:21:54.320]  you're to be taken directly to a nearest magistrate and the only thing the magistrate can do is holding them in trial and set bail.
[01:21:54.320 --> 01:21:58.320]  So it doesn't matter if you have a right to it or not, it's a statutory requirement.
[01:21:58.320 --> 01:22:02.320]  However, Ken showed me a point in 16.17.
[01:22:02.320 --> 01:22:04.320]  Will you read that?
[01:22:04.320 --> 01:22:06.320]  No, 15.17.
[01:22:06.320 --> 01:22:12.320]  It's 15.17 where the magistrate's warning that specifically tells...
[01:22:12.320 --> 01:22:14.320]  No, no, no, didn't he?
[01:22:14.320 --> 01:22:18.320]  Okay, I misunderstood. I thought you were reading me from 16.17.
[01:22:18.320 --> 01:22:26.320]  Now, 16.17 is where it's a matter of law if they don't have the hearing in 48 hours that there is no probable cause.
[01:22:26.320 --> 01:22:32.320]  16.17 is the requirement of finding a probable cause or no finding a probable cause.
[01:22:32.320 --> 01:22:36.320]  Okay, I thought you were reading me a portion before that and I'm misconstrued.
[01:22:36.320 --> 01:22:40.320]  So, yes, 15.17, go ahead.
[01:22:40.320 --> 01:22:55.320]  Yeah, 15.17 specifically says that you read all of the warnings with regards to the magistrate's warnings that are so prominently discussed by the district attorney about being warned about everything
[01:22:55.320 --> 01:23:02.320]  and about the rights to remain silent and all of that kind of stuff and you have a right to a transcript.
[01:23:02.320 --> 01:23:08.320]  I mean, an attorney and I'm looking for the quote right now.
[01:23:08.320 --> 01:23:18.320]  The magistrate shall inform in clear language the person arrested either in person or through electronic broadcasting system
[01:23:18.320 --> 01:23:26.320]  or the accusations against them in any affidavit file wherein of his rights to retain counsel and his right to remain silent,
[01:23:26.320 --> 01:23:32.320]  of his right to have an attorney present during any interview with the peace officer or attorneys representing the state,
[01:23:32.320 --> 01:23:38.320]  or his right to terminate the interview at any time, and his right to have an examining trial.
[01:23:38.320 --> 01:23:53.320]  And that's specified in Ex parte Garcia and Ex parte Garcia is 19...
[01:23:53.320 --> 01:23:57.320]  I believe it's in 1976 case, I believe.
[01:23:57.320 --> 01:24:02.320]  So, 1977, I was off by one.
[01:24:02.320 --> 01:24:09.320]  So, the issue is Ex parte Garcia very clearly outlines the requirement of the officers,
[01:24:09.320 --> 01:24:15.320]  and I'll read only a portion of this, but it says in Garcia chapters 14 through 17,
[01:24:15.320 --> 01:24:25.320]  which is the entire process in the Code of Criminal Procedure that describes arrest with and without warrant in and out of the county and what you must do.
[01:24:25.320 --> 01:24:32.320]  And it says, the Code of Criminal Procedure govern, arrest, commitment, and bail.
[01:24:32.320 --> 01:24:41.320]  The decision-making process pursuant to which the state takes the citizen into custody and determines what restraint should or should not be placed on him after arrest.
[01:24:41.320 --> 01:24:46.320]  The state performs these functions through two agents, the peace officer and the magistrate.
[01:24:46.320 --> 01:24:56.320]  The peace officer has some discretion, but the primary and ultimate decision to restrict the citizen's liberty must be made by a neutral and detached magistrate.
[01:24:56.320 --> 01:25:02.320]  This fact is fundamental to our system of criminal justice, whether the arrest is made with or without warning.
[01:25:02.320 --> 01:25:11.320]  One of the arresting officers' first duties after arrest is to have the arrested person taken before a magistrate.
[01:25:11.320 --> 01:25:21.320]  And the magistrate must then inform the accused of the right to the examining trial, and it's in its site, article 15.17, super.
[01:25:21.320 --> 01:25:31.320]  Of course, that's article at that time because this case was back when it was all Vernon's annotated Code of Criminal Procedure, VACCP.
[01:25:31.320 --> 01:25:36.320]  But it all talks about this process of getting the examining trial,
[01:25:36.320 --> 01:25:45.320]  and what they've been doing is arresting people and allowing them to language in jail in order to soften them up to make a deal.
[01:25:45.320 --> 01:25:51.320]  They know that people that are generally innocent are absolutely scared to death of jail.
[01:25:51.320 --> 01:25:59.320]  So they're willing to do anything to get out and never go back, so they're willing to take a deal and be on probation or whatever,
[01:25:59.320 --> 01:26:09.320]  and this just ruins their life because they have paid money for the probation process, and it's just absolutely...
[01:26:09.320 --> 01:26:16.320]  This is snacks of secret police and abuse of process by design.
[01:26:16.320 --> 01:26:22.320]  Yeah, it's something important to know about probation as opposed to a fine or a fee.
[01:26:22.320 --> 01:26:30.320]  A fine or a fee, a portion of that, the large portion of it goes to the state and goes to the general fund,
[01:26:30.320 --> 01:26:35.320]  but the probation fee stays in the county.
[01:26:35.320 --> 01:26:38.320]  So they want everybody on probation.
[01:26:38.320 --> 01:26:43.320]  I went through the records for 1996 in Wise County, Texas.
[01:26:43.320 --> 01:26:50.320]  There were 1,658 felony indictments brought in the first six months of the year.
[01:26:50.320 --> 01:26:54.320]  According to the record, one person pled not guilty.
[01:26:54.320 --> 01:27:00.320]  Everybody else took a deal. There were six fines assessed.
[01:27:00.320 --> 01:27:04.320]  So that raised the question, what in the world is going on here?
[01:27:04.320 --> 01:27:10.320]  Six fines in 1,600 cases?
[01:27:10.320 --> 01:27:12.320]  Where does the money go?
[01:27:12.320 --> 01:27:18.320]  They assess probation fees for as much as you can tolerate,
[01:27:18.320 --> 01:27:22.320]  and if you've got more money left over, then they'll assess fine.
[01:27:22.320 --> 01:27:29.320]  But first, they want the money that stays in the county. This is all about the money.
[01:27:29.320 --> 01:27:37.320]  It's all about setting you up also because at any time and anybody listening that might be on probation,
[01:27:37.320 --> 01:27:43.320]  one of the things that you need to do absolutely every single time is you need to get a logbook or a diary,
[01:27:43.320 --> 01:27:51.320]  and every time you come into the probation office, you should have somebody sign it, date it, time it.
[01:27:51.320 --> 01:27:55.320]  Because if you don't have it in writing and you can't prove you weren't there,
[01:27:55.320 --> 01:28:02.320]  I have seen cases where people have been much later accused of not appearing at a probation office
[01:28:02.320 --> 01:28:08.320]  at a particular date and time specified and then later having their bail revoked
[01:28:08.320 --> 01:28:14.320]  or they don't necessarily, I mean their probation revoked, but the issue is they generally don't revoke it.
[01:28:14.320 --> 01:28:19.320]  What they generally do is fine you and put you on a longer probation.
[01:28:19.320 --> 01:28:22.320]  Yes, it's all about the money.
[01:28:22.320 --> 01:28:24.320]  It's all about the money.
[01:28:24.320 --> 01:28:30.320]  So, okay, we're about to go to another break and I have four callers on the board.
[01:28:30.320 --> 01:28:33.320]  I don't think I'll get to all of them tonight.
[01:28:33.320 --> 01:28:40.320]  If I don't get to you tonight, call in tomorrow night and we'll take you at the top of the list.
[01:28:40.320 --> 01:28:48.320]  As long as you call in before 9.30 or so, or 11.30 or so, because then we run out of time.
[01:28:48.320 --> 01:28:50.320]  But I do apologize for holding you off.
[01:28:50.320 --> 01:28:52.320]  I did want to bring Ken on and talk about this.
[01:28:52.320 --> 01:28:54.320]  I think this is a really important issue.
[01:28:54.320 --> 01:28:57.320]  It's not only about Texas.
[01:28:57.320 --> 01:29:09.320]  If you're not in Texas, this requirement for a preliminary hearing has been in law since 1215 AD
[01:29:09.320 --> 01:29:14.320]  when their first Magna Carta was signed and it has served us well.
[01:29:14.320 --> 01:29:19.320]  It was after 65 where they changed a couple of laws.
[01:29:19.320 --> 01:29:22.320]  I won't go into those now, but they virtually eliminated.
[01:29:22.320 --> 01:29:23.320]  It's not just Texas.
[01:29:23.320 --> 01:29:25.320]  It's every state.
[01:29:25.320 --> 01:29:35.320]  So look at preliminary hearing or examining trial in your state and see what it says.
[01:29:35.320 --> 01:29:39.320]  And this is a good argument to break.
[01:29:39.320 --> 01:29:41.320]  We need to get that put back in place.
[01:29:41.320 --> 01:29:42.320]  Hang on.
[01:29:42.320 --> 01:29:43.320]  We're about to go to break.
[01:29:43.320 --> 01:29:44.320]  Randy Kelton.
[01:29:44.320 --> 01:29:45.320]  We live on radio.
[01:29:45.320 --> 01:29:46.320]  Randy Kelton.
[01:29:46.320 --> 01:29:47.320]  There's Stevens.
[01:29:47.320 --> 01:29:48.320]  We live on radio.
[01:29:48.320 --> 01:29:49.320]  I call in number.
[01:29:49.320 --> 01:29:51.320]  I'm not going to give that out.
[01:29:51.320 --> 01:29:53.320]  We've got a full board of callers.
[01:29:53.320 --> 01:29:55.320]  We'll be right back.
[01:30:24.320 --> 01:30:27.320]  You'll find your freedoms will start to vanish too.
[01:30:27.320 --> 01:30:28.320]  So protect your rights.
[01:30:28.320 --> 01:30:32.320]  Say no to surveillance and keep your information to yourself.
[01:30:32.320 --> 01:30:33.320]  Privacy.
[01:30:33.320 --> 01:30:34.320]  It's worth hanging on to.
[01:30:34.320 --> 01:30:38.320]  This public service announcement is brought to you by StartPage.com.
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[01:30:45.320 --> 01:30:49.320]  Artificial sweeteners cut the calories and help you lose weight, right?
[01:30:49.320 --> 01:30:50.320]  Wrong.
[01:30:50.320 --> 01:30:55.320]  Researchers at UT San Antonio followed hundreds of diet soda drinkers for nearly a decade.
[01:30:55.320 --> 01:31:02.320]  They found that regularly drinking diet soda expanded people's waistlines five times more than no soda at all.
[01:31:02.320 --> 01:31:09.320]  The study's authors say artificial sweeteners triggered the appetite, but unlike regular sugars, don't deliver anything to squelch it.
[01:31:09.320 --> 01:31:15.320]  Waking up hunger without satisfying it leads to cravings, which can result in a larger overall calorie intake.
[01:31:15.320 --> 01:31:23.320]  So use natural sweeteners to maintain a healthy weight, and if you need to shed some pounds, avoid the sweet stuff altogether and drink water instead.
[01:31:23.320 --> 01:31:28.320]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.320 --> 01:31:35.320]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:35.320 --> 01:31:37.320]  The government says that fire brought it down.
[01:31:37.320 --> 01:31:42.320]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:42.320 --> 01:31:45.320]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.320 --> 01:31:48.320]  And thousands of my fellow force responders are dying.
[01:31:48.320 --> 01:31:49.320]  I'm not a conspiracy theorist.
[01:31:49.320 --> 01:31:50.320]  I'm a structural engineer.
[01:31:50.320 --> 01:31:51.320]  I'm a New York City correctional.
[01:31:51.320 --> 01:31:52.320]  I'm an Air Force pilot.
[01:31:52.320 --> 01:31:54.320]  I'm a father who lost his son.
[01:31:54.320 --> 01:31:57.320]  We are Americans, and we deserve the truth.
[01:31:57.320 --> 01:32:13.320]  Go to RememberBuilding7.org today.
[01:32:28.320 --> 01:32:38.320]  To handle your claim and your roof right the first time, just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[01:32:38.320 --> 01:32:45.320]  Mention the crypto show and get $100 off, and we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:45.320 --> 01:32:50.320]  So if those out-of-town roofers come knocking, your door should be locked in.
[01:32:50.320 --> 01:32:56.320]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:56.320 --> 01:32:58.320]  Discounts are based on full roof replacement.
[01:32:58.320 --> 01:33:01.320]  I mean, I actually be kidding about chemtrails.
[01:33:01.320 --> 01:33:30.320]  You are listening to the Logos Radio Network, LogosRadioNetwork.com.
[01:33:31.320 --> 01:34:00.320]  You are listening to the Logos Radio Network, Logos Radio Network.
[01:34:01.320 --> 01:34:30.320]  You are listening to the Logos Radio Network, Logos Radio Network.
[01:34:31.320 --> 01:35:00.320]  You are listening to the Logos Radio Network, Logos Radio Network.
[01:35:01.320 --> 01:35:30.320]  You are listening to the Logos Radio Network, Logos Radio Network.
[01:35:30.320 --> 01:35:59.320]  You are listening to the Logos Radio Network, Logos Radio Network.
[01:35:59.320 --> 01:36:04.320]  Okay, sorry about that, guys. We are back. Randy Kelton with Logos Radio Network.
[01:36:04.320 --> 01:36:10.320]  And we're going to go to the callers. We're going to go to Ted in Washington. Hello, Ted.
[01:36:10.320 --> 01:36:12.320]  What do you have for us today?
[01:36:12.320 --> 01:36:17.320]  Randy, thank you for taking my call. I appreciate that.
[01:36:17.320 --> 01:36:20.320]  That's what I'm here for.
[01:36:20.320 --> 01:36:22.320]  All right.
[01:36:22.320 --> 01:36:24.320]  What do you have for us?
[01:36:24.320 --> 01:36:30.320]  Yeah, the reason I'm calling is I'm having a problem with a tow truck company.
[01:36:30.320 --> 01:36:37.320]  They're trying to put me in collections for a vehicle that I sold about a year and a half ago.
[01:36:37.320 --> 01:36:41.320]  And I did not report to the licensing department that I sold it.
[01:36:41.320 --> 01:36:49.320]  All I have was the bill of sale and the sales agreement that I gave to the buyer.
[01:36:49.320 --> 01:36:55.320]  So that's enough.
[01:36:55.320 --> 01:37:04.320]  You can, Ken, I was going to say that you can file a motion to dismiss with the court and that they,
[01:37:04.320 --> 01:37:11.320]  what's the term for when they file or they charge the wrong person?
[01:37:11.320 --> 01:37:19.320]  Well, that goes to jurisdiction. They get the wrong party. It's just a, you know, motion to dismiss.
[01:37:19.320 --> 01:37:25.320]  But one of the things you need to look up is the code on this, whether or not you had an obligation to report it.
[01:37:25.320 --> 01:37:32.320]  If the state says you had an obligation to report the sale, then they may have you on a technicality.
[01:37:32.320 --> 01:37:40.320]  But if they don't have a requirement that you must follow, then the sale was done.
[01:37:40.320 --> 01:37:44.320]  It was the obligation of the other driver.
[01:37:44.320 --> 01:37:51.320]  Have someone do a title search and see who that vehicle is registered to.
[01:37:51.320 --> 01:37:55.320]  See whose name the title is in.
[01:37:55.320 --> 01:38:01.320]  This is a good chance they've transferred the title.
[01:38:01.320 --> 01:38:07.320]  If they want to get plates on it, they're going to have to put a title in their name.
[01:38:07.320 --> 01:38:14.320]  If you could take that to them and say, look, guys, I don't own this car.
[01:38:14.320 --> 01:38:18.320]  So the tow truck company is saying, let me get clarification.
[01:38:18.320 --> 01:38:25.320]  The tow truck company towed it and somebody didn't pay the towing fees?
[01:38:25.320 --> 01:38:28.320]  Correct. We're not quite in court yet.
[01:38:28.320 --> 01:38:31.320]  At this point, the tow truck company doesn't care at all about me.
[01:38:31.320 --> 01:38:36.320]  They're threatening to put me in collection unless I pay their fee.
[01:38:36.320 --> 01:38:39.320]  And the car was never registered in my name.
[01:38:39.320 --> 01:38:42.320]  I bought it from an auction and I never registered it.
[01:38:42.320 --> 01:38:43.320]  I never used it.
[01:38:43.320 --> 01:38:48.320]  It sat and then I just decided to move it on and forward it on and sell it.
[01:38:48.320 --> 01:38:49.320]  Oh, okay.
[01:38:49.320 --> 01:38:51.320]  Okay, so they haven't done anything.
[01:38:51.320 --> 01:38:55.320]  This is just their threat, threat, threat BS letter.
[01:38:55.320 --> 01:38:57.320]  They have no standing.
[01:38:57.320 --> 01:38:59.320]  You are right.
[01:38:59.320 --> 01:39:05.320]  It is a threat letter, but I think I was also required, obligated to file with the state
[01:39:05.320 --> 01:39:09.320]  to let them know the report of the sale for Washington.
[01:39:09.320 --> 01:39:10.320]  Okay.
[01:39:10.320 --> 01:39:15.320]  It doesn't matter if somebody else has registered the vehicle.
[01:39:15.320 --> 01:39:18.320]  That's a problem because I believe it is.
[01:39:18.320 --> 01:39:23.320]  That may be a problem that the state may have a gripe about that,
[01:39:23.320 --> 01:39:25.320]  but if someone else has registered the vehicle,
[01:39:25.320 --> 01:39:30.320]  or if you can prove to the towing company that you didn't own it,
[01:39:30.320 --> 01:39:34.320]  then it would make any difference what you were supposed to file with the state.
[01:39:34.320 --> 01:39:35.320]  Okay.
[01:39:35.320 --> 01:39:40.320]  The towing company goes to the state and they have some reason to believe you own it.
[01:39:40.320 --> 01:39:42.320]  You give them proof you don't own it.
[01:39:42.320 --> 01:39:48.320]  If they pursue you then you counterclaim against them.
[01:39:48.320 --> 01:39:51.320]  I understand because they are relentless.
[01:39:51.320 --> 01:39:53.320]  They're not giving up.
[01:39:53.320 --> 01:39:54.320]  Oh, good.
[01:39:54.320 --> 01:39:59.320]  File against their first thing to file.
[01:39:59.320 --> 01:40:08.320]  File against their license and file a really scabying letter with the Better Business Bureau.
[01:40:08.320 --> 01:40:13.320]  Boy, the last time I did that, boy, these folks got hoppin'.
[01:40:13.320 --> 01:40:18.320]  They couldn't get out here fast enough to get that $6,000 couch my wife had bought
[01:40:18.320 --> 01:40:24.320]  that you couldn't sit on, that they said they would take it back with a 40% restock charge.
[01:40:24.320 --> 01:40:28.320]  When I filed a really scabying letter with the Better Business Bureau,
[01:40:28.320 --> 01:40:31.320]  they didn't get out here with a check fast enough.
[01:40:31.320 --> 01:40:32.320]  Wow.
[01:40:32.320 --> 01:40:39.320]  Under what circumstances was the towing company involved?
[01:40:39.320 --> 01:40:47.320]  I believe the buyers who purchased the car from me, they were unfortunately shady or unscrupulous.
[01:40:47.320 --> 01:40:49.320]  They never registered it any farther.
[01:40:49.320 --> 01:40:55.320]  They decided to manipulate the situation and either use and abuse the vehicle and just leave it off to the side.
[01:40:55.320 --> 01:40:56.320]  They deserted it.
[01:40:56.320 --> 01:40:57.320]  Yeah.
[01:40:57.320 --> 01:40:58.320]  They deserted it.
[01:40:58.320 --> 01:41:02.320]  Eventually got picked up by the towing company and they did a title search and they found
[01:41:02.320 --> 01:41:07.320]  a real owner who was registered on it before I even bought this car from an auction.
[01:41:07.320 --> 01:41:12.320]  So I was able to give as much documentation and paperwork to the towing company, but they don't
[01:41:12.320 --> 01:41:13.320]  care at all.
[01:41:13.320 --> 01:41:15.320]  It just feels like a bill of pain.
[01:41:15.320 --> 01:41:16.320]  It doesn't matter.
[01:41:16.320 --> 01:41:19.320]  You don't care about their bill.
[01:41:19.320 --> 01:41:21.320]  Send them a tort letter.
[01:41:21.320 --> 01:41:23.320]  Yeah, cease and desist.
[01:41:23.320 --> 01:41:24.320]  Okay.
[01:41:24.320 --> 01:41:30.320]  And then how can I find out about to file a claim against their insurance to find out who
[01:41:30.320 --> 01:41:32.320]  their insurance provider carrier is?
[01:41:32.320 --> 01:41:34.320]  Well, they're licensed.
[01:41:34.320 --> 01:41:41.320]  If you file against their license, their insurance carrier will get notice of that.
[01:41:41.320 --> 01:41:43.320]  That'll sting them.
[01:41:43.320 --> 01:41:50.320]  You really can't sue their insurance directly because their insurance company didn't sue
[01:41:50.320 --> 01:41:51.320]  you.
[01:41:51.320 --> 01:41:54.320]  They insured the towing company.
[01:41:54.320 --> 01:42:02.320]  So when you sue the towing company, their insurance will come in and indemnify the towing
[01:42:02.320 --> 01:42:03.320]  company.
[01:42:03.320 --> 01:42:06.320]  So you really don't have a claim against the insurance company.
[01:42:06.320 --> 01:42:12.320]  Now, if it's a government agency and they're bonded, there are rules that allow you to file
[01:42:12.320 --> 01:42:14.320]  against the bond directly.
[01:42:14.320 --> 01:42:16.320]  But this is a private company.
[01:42:16.320 --> 01:42:18.320]  You'd have to sue the company.
[01:42:18.320 --> 01:42:24.320]  But when you file against the company's bond and file against their license, then that's
[01:42:24.320 --> 01:42:30.320]  like a bar grievance or a judicial conduct complaint or a professional conduct complaint
[01:42:30.320 --> 01:42:32.320]  against a police officer.
[01:42:32.320 --> 01:42:33.320]  That stings them.
[01:42:33.320 --> 01:42:38.320]  Their bond rating goes up or their insurance rate goes up.
[01:42:38.320 --> 01:42:42.320]  So definitely you want to file against their license.
[01:42:42.320 --> 01:42:43.320]  Warning.
[01:42:43.320 --> 01:42:44.320]  I'm going to go about doing that.
[01:42:44.320 --> 01:42:45.320]  Great.
[01:42:45.320 --> 01:42:46.320]  Okay.
[01:42:46.320 --> 01:42:47.320]  That's what I'm about to tell you.
[01:42:47.320 --> 01:42:48.320]  Thank you.
[01:42:48.320 --> 01:42:51.320]  Always see whether there's a provision in the law for a process.
[01:42:51.320 --> 01:42:55.320]  Always look to see what the licensing requirement is for the tow truck companies.
[01:42:55.320 --> 01:42:59.320]  See what the rules are and see if there's a complaint process as well.
[01:42:59.320 --> 01:43:01.320]  You want to follow the rules.
[01:43:01.320 --> 01:43:03.320]  I understand.
[01:43:03.320 --> 01:43:04.320]  Okay.
[01:43:04.320 --> 01:43:05.320]  I wrote this down.
[01:43:05.320 --> 01:43:10.320]  And then can I obtain their license number just by them if I ask them directly or will
[01:43:10.320 --> 01:43:12.320]  they be reluctant to provide that?
[01:43:12.320 --> 01:43:14.320]  Read the rules first.
[01:43:14.320 --> 01:43:19.320]  Find out if they're required to report it if you make the request.
[01:43:19.320 --> 01:43:20.320]  Okay.
[01:43:20.320 --> 01:43:26.320]  If they're licensed, you'll be able to look them up online.
[01:43:26.320 --> 01:43:29.320]  It's whatever board is licensed.
[01:43:29.320 --> 01:43:35.320]  Well, in Texas, the license for the attempt to operate a towing company is usually on
[01:43:35.320 --> 01:43:38.320]  the side of the truck.
[01:43:38.320 --> 01:43:39.320]  That's true.
[01:43:39.320 --> 01:43:41.320]  I think that too, also.
[01:43:41.320 --> 01:43:44.320]  Gentlemen, thank you so much.
[01:43:44.320 --> 01:43:45.320]  It's giving me plenty to work on.
[01:43:45.320 --> 01:43:46.320]  I appreciate it.
[01:43:46.320 --> 01:43:47.320]  Okay.
[01:43:47.320 --> 01:43:48.320]  Thank you, Ted.
[01:43:48.320 --> 01:43:49.320]  Okay.
[01:43:49.320 --> 01:43:50.320]  We are about to go to break.
[01:43:50.320 --> 01:43:51.320]  Randy Kelton with the Law Radio.
[01:43:51.320 --> 01:44:20.320]  We'll be right back.
[01:44:21.320 --> 01:44:47.320]  We'll be right back.
[01:44:47.320 --> 01:45:13.320]  We'll be right back.
[01:45:13.320 --> 01:45:39.320]  We'll be right back.
[01:45:39.320 --> 01:46:05.320]  We'll be right back.
[01:46:05.320 --> 01:46:31.320]  We'll be right back.
[01:46:31.320 --> 01:47:00.320]  We'll be right back.
[01:47:00.320 --> 01:47:01.320]  Hello, Shane.
[01:47:01.320 --> 01:47:02.320]  Hello, Shane.
[01:47:02.320 --> 01:47:05.320]  I must have put Shane to sleep.
[01:47:05.320 --> 01:47:07.320]  I have that effect on people.
[01:47:07.320 --> 01:47:08.320]  Okay.
[01:47:08.320 --> 01:47:10.320]  Now we're going to Charles in Georgia.
[01:47:10.320 --> 01:47:11.320]  Hello, Charles.
[01:47:11.320 --> 01:47:12.320]  How's it going today, Randy?
[01:47:12.320 --> 01:47:13.320]  Going good.
[01:47:13.320 --> 01:47:14.320]  What are you?
[01:47:14.320 --> 01:47:15.320]  Oh, okay.
[01:47:15.320 --> 01:47:16.320]  What do you have for us today?
[01:47:16.320 --> 01:47:17.320]  I heard the noise in the background and I remembered who I'm talking to.
[01:47:17.320 --> 01:47:18.320]  I'm sorry about that.
[01:47:18.320 --> 01:47:33.320]  I guess I got to catch everybody up to speed real quick.
[01:47:33.320 --> 01:47:34.320]  I participated in transportation.
[01:47:34.320 --> 01:47:35.320]  I drive a truck.
[01:47:35.320 --> 01:47:40.320]  I got my trailer stuck on a guard rail.
[01:47:40.320 --> 01:47:56.320]  Chef came out, gave me a ticket for not calling the chef before I called tow truck company,
[01:47:56.320 --> 01:47:58.320]  even though I didn't call anybody.
[01:47:58.320 --> 01:48:03.320]  So that's where we're at with that real quick.
[01:48:03.320 --> 01:48:04.320]  Okay.
[01:48:04.320 --> 01:48:08.320]  I got an email today and I had to send you a MyBad.
[01:48:08.320 --> 01:48:15.320]  I suggested you file a removal and you did and they kicked out your removal.
[01:48:15.320 --> 01:48:18.320]  There was one restriction.
[01:48:18.320 --> 01:48:25.320]  We had been filing removals in eviction cases.
[01:48:25.320 --> 01:48:30.320]  Can you do something to get rid of that background noise?
[01:48:30.320 --> 01:48:32.320]  Yeah, that better.
[01:48:32.320 --> 01:48:34.320]  Okay, that's better.
[01:48:34.320 --> 01:48:35.320]  Okay.
[01:48:35.320 --> 01:48:46.320]  But in eviction case, the value of the property was greater than $75,000 and you removed the
[01:48:46.320 --> 01:48:50.320]  traffic ticket to the federal court and they kicked it back because it didn't come up to
[01:48:50.320 --> 01:48:52.320]  the $75,000 bottom limit.
[01:48:52.320 --> 01:48:58.320]  I had forgot about that when I suggested you do it.
[01:48:58.320 --> 01:48:59.320]  Okay.
[01:48:59.320 --> 01:49:06.320]  Even with that, I sent an amendment because I figured that I didn't put the diversity
[01:49:06.320 --> 01:49:17.320]  reason on there and he sent it back again and he said, since this is a misdemeanor,
[01:49:17.320 --> 01:49:23.320]  something to the fact that this is a misdemeanor and they have jurisdiction and they took the
[01:49:23.320 --> 01:49:29.320]  judicial notice that the ticket was a misdemeanor and they're not going to remove it because
[01:49:29.320 --> 01:49:30.320]  of that reason.
[01:49:30.320 --> 01:49:32.320]  It didn't have anything to do with anything else.
[01:49:32.320 --> 01:49:37.320]  Yes, and that didn't rise to a level that the fence could hear.
[01:49:37.320 --> 01:49:46.320]  They're not accepting the fact that you live in Wisconsin and you're in Georgia in interstate
[01:49:46.320 --> 01:49:47.320]  commerce.
[01:49:47.320 --> 01:49:48.320]  Correct.
[01:49:48.320 --> 01:49:52.320]  They're not buying that story.
[01:49:52.320 --> 01:49:53.320]  Correct.
[01:49:53.320 --> 01:49:58.320]  What else do you have for us?
[01:49:58.320 --> 01:50:04.320]  The probate aspect of this, for some reason they're going to try to adjudicate this in
[01:50:04.320 --> 01:50:11.320]  the probate court and I had to go through the probate rules today and I sent you another
[01:50:11.320 --> 01:50:14.320]  email about the probate rules.
[01:50:14.320 --> 01:50:17.320]  That appeared, yes.
[01:50:17.320 --> 01:50:23.320]  A traffic citation prostituted in a probate court.
[01:50:23.320 --> 01:50:27.320]  That does not make sense.
[01:50:27.320 --> 01:50:31.320]  No, it doesn't.
[01:50:31.320 --> 01:50:38.320]  I was reading the rules of court in probate court here in the state of Georgia.
[01:50:38.320 --> 01:50:45.320]  It was specific that the rules of court was concurrent with the rules of superior court
[01:50:45.320 --> 01:50:52.320]  in very specific areas and it had something to do with DNA testing, taxes, property taxes,
[01:50:52.320 --> 01:50:54.320]  wills, deeds, and things like that.
[01:50:54.320 --> 01:50:57.320]  But it didn't say anything about criminal procedure.
[01:50:57.320 --> 01:51:02.320]  There's no jurisdiction over any criminal procedures.
[01:51:02.320 --> 01:51:07.320]  That sounds like meat for subject matter jurisdiction challenge.
[01:51:07.320 --> 01:51:12.320]  Well, that's all I was calling to ask you.
[01:51:12.320 --> 01:51:20.320]  But later after I read it down a little bit further, it did have some provisions about
[01:51:20.320 --> 01:51:24.320]  criminal procedures but it didn't say that it had jurisdiction.
[01:51:24.320 --> 01:51:29.320]  It just had some provisions about criminal procedure.
[01:51:29.320 --> 01:51:36.320]  Things such as it must bring with or without a warrant immediately before a magistrate
[01:51:36.320 --> 01:51:39.320]  for an examining trial.
[01:51:39.320 --> 01:51:42.320]  Did they do that?
[01:51:42.320 --> 01:51:44.320]  Well, I didn't get arrested.
[01:51:44.320 --> 01:51:45.320]  Oh, I'm sorry.
[01:51:45.320 --> 01:51:48.320]  I was arrested but I didn't get taken into custody.
[01:51:48.320 --> 01:51:52.320]  Okay, so they allowed you to sign the citation?
[01:51:52.320 --> 01:51:58.320]  I signed the citation and I went on my way and agreed to appear May 3rd.
[01:51:58.320 --> 01:52:10.320]  Okay, when you appear May 3rd, read the code in Georgia concerning what you agreed to.
[01:52:10.320 --> 01:52:15.320]  In Texas, I'm going to mute you while I'm talking.
[01:52:15.320 --> 01:52:22.320]  In Texas, when you signed the citation and agreed to appear under 353.006,
[01:52:22.320 --> 01:52:28.320]  you agreed to appear before a magistrate of the county.
[01:52:28.320 --> 01:52:34.320]  Not a clerk, not a prosecutor, and not a judge, but a magistrate.
[01:52:34.320 --> 01:52:37.320]  Read the code in Georgia.
[01:52:37.320 --> 01:52:47.320]  Have you read the code on transportation code as it affects the promise to appear?
[01:52:47.320 --> 01:52:51.320]  No, I have not read that.
[01:52:51.320 --> 01:52:56.320]  You need to look that up, read it, so that when you go to this hearing,
[01:52:56.320 --> 01:53:01.320]  the first thing they do is hold an examining trial.
[01:53:01.320 --> 01:53:08.320]  And if they don't, then you get to file a criminal against them
[01:53:08.320 --> 01:53:16.320]  and maintain that the state is at trespass or ab initio and move for dismissal.
[01:53:16.320 --> 01:53:26.320]  I did read first appearances slash examining trials and that was in the rules of probate court in the state of Georgia.
[01:53:26.320 --> 01:53:31.320]  Since you're in the probate court, then the code is clear.
[01:53:31.320 --> 01:53:38.320]  Yeah, so I don't even have to...
[01:53:38.320 --> 01:53:45.320]  What was that you just said again about the move for dismissal?
[01:53:45.320 --> 01:53:52.320]  For trespass by ab initio.
[01:53:52.320 --> 01:53:58.320]  Once they violate a due process right, they become a trespasser from the beginning.
[01:53:58.320 --> 01:54:01.320]  Oh, a trespasser, okay.
[01:54:01.320 --> 01:54:05.320]  Let me ask you a question.
[01:54:05.320 --> 01:54:15.320]  The question I have is that the specific charge that was made, look up the length, breadth and width of it,
[01:54:15.320 --> 01:54:20.320]  not just what they told you when they cited you, look up the actual code for the charge.
[01:54:20.320 --> 01:54:25.320]  If you were supposed to call them before you called the tow truck and you didn't call a tow truck,
[01:54:25.320 --> 01:54:31.320]  the tow truck just appeared, then you didn't break the statute.
[01:54:31.320 --> 01:54:39.320]  Okay, Charles, you had talked about this before, you didn't fall under that statute anyway, did you?
[01:54:39.320 --> 01:54:57.320]  No, I didn't fall under the exemption for the statute, which is the next statute down at 4-6-274 as opposed to 40-6-273.
[01:54:57.320 --> 01:55:10.320]  The next statute says the exemption for reporting immediately is, I guess, knowingly...
[01:55:10.320 --> 01:55:19.320]  I guess there has to be a known injury to a person or damage of more than $500.
[01:55:19.320 --> 01:55:25.320]  So in your case, there was no apparent damage to the guardrail?
[01:55:25.320 --> 01:55:30.320]  Right, not that I can see in the dark.
[01:55:30.320 --> 01:55:39.320]  Well, it doesn't matter, was there an assertion, an allegation that you had caused $500 or more in damage?
[01:55:39.320 --> 01:55:44.320]  No, no, you just said I didn't call...
[01:55:44.320 --> 01:55:51.320]  File a motion to dismiss based on an affirmative defense.
[01:55:51.320 --> 01:55:55.320]  Okay.
[01:55:55.320 --> 01:55:59.320]  First thing is you're too close to the deadline of the appearance date.
[01:55:59.320 --> 01:56:04.320]  You won't be able to file this and get it in in time for them to rule on it before you have to be there.
[01:56:04.320 --> 01:56:11.320]  So the thing I would do first is file a motion for continuance, indicating that you have an affirmative defense
[01:56:11.320 --> 01:56:22.320]  and that you're seeking counsel and you're going to file within 30 days an affirmative defense and request the case to be dismissed.
[01:56:22.320 --> 01:56:30.320]  And you send them a copy of a blank order to give you an extension of time as per no less than 30 days and see what happens.
[01:56:30.320 --> 01:56:36.320]  If they don't give you the time, you're going to have to do the motion and bring it into court with you.
[01:56:36.320 --> 01:56:42.320]  But if you get the motion and the continuance granted, it saves you a trip.
[01:56:42.320 --> 01:56:44.320]  Gotcha.
[01:56:44.320 --> 01:56:56.320]  And if you go down there and they don't give you an examining trial, then you charge the judge with the abuse of process.
[01:56:56.320 --> 01:56:58.320]  Gotcha.
[01:56:58.320 --> 01:57:08.320]  Because I did file that removal and I was under the impression that they were supposed to schedule that date third,
[01:57:08.320 --> 01:57:16.320]  based on the removal, since it was so removed, they took the jurisdiction out of the probate court.
[01:57:16.320 --> 01:57:18.320]  Yeah, that was an issue that I...
[01:57:18.320 --> 01:57:23.320]  Ken, he filed a removal.
[01:57:23.320 --> 01:57:27.320]  The court had ordered a hearing on a given date.
[01:57:27.320 --> 01:57:29.320]  He filed a notice of removal.
[01:57:29.320 --> 01:57:33.320]  The case is removed from this court's jurisdiction.
[01:57:33.320 --> 01:57:37.320]  Don't they have to reset that date?
[01:57:37.320 --> 01:57:41.320]  Well, not if it hasn't expired yet and it was dismissed from the removal.
[01:57:41.320 --> 01:57:44.320]  The removal was not granted.
[01:57:44.320 --> 01:57:45.320]  What was the removal?
[01:57:45.320 --> 01:57:47.320]  I don't understand the context of the removal.
[01:57:47.320 --> 01:57:49.320]  Diversity or...
[01:57:49.320 --> 01:57:50.320]  Yeah, he claimed diversity.
[01:57:50.320 --> 01:57:53.320]  They didn't buy that because it was a state.
[01:57:53.320 --> 01:57:59.320]  He was in Georgia when it happened, so they didn't buy it.
[01:57:59.320 --> 01:58:10.320]  I admired him poorly on the removal because I forgot about the $75,000 limit.
[01:58:10.320 --> 01:58:12.320]  Okay, I am sorry.
[01:58:12.320 --> 01:58:15.320]  You're making too much noise, Charles.
[01:58:15.320 --> 01:58:19.320]  And I think you're suffering from deadheading anyway.
[01:58:19.320 --> 01:58:21.320]  We're out of time.
[01:58:21.320 --> 01:58:23.320]  Call us back tomorrow.
[01:58:23.320 --> 01:58:26.320]  Randy Kelton, Denver Stevens, Rural Adult of Law Radio.
[01:58:26.320 --> 01:58:35.320]  And go to Logos Radio Network and check out my e-book and Eddie's traffic book,
[01:58:35.320 --> 01:58:39.320]  traffic seminar and jurisdiction area.
[01:58:39.320 --> 01:58:43.320]  We need some funding to help keep this network on the air.
[01:58:43.320 --> 01:58:44.320]  Thank you all for listening.
[01:58:44.320 --> 01:58:46.320]  We'll be back tomorrow night.
[01:58:46.320 --> 01:58:50.320]  Good night.
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