ROL_2018-08-09_16k.timecode

[00:00.000 --> 00:07.640]  The following news flash has brought to you by the low star of lowdowns, providing your
[00:07.640 --> 00:14.880]  deli bulletins for the commodities market, today in history, news updates, and the inside
[00:14.880 --> 00:23.760]  scoop into the tides of the alternative.
[00:23.760 --> 00:29.880]  Markets for the 11th of April 2018 close with gold $1,353.22 in ounce, silver, silver,
[00:29.880 --> 00:41.240]  $16.68 in ounce, Texas crude $65.51 of barrel, bitcoins at $6,902.19, ethereum at $420.80,
[00:41.240 --> 00:55.800]  bitcoin cash at $652.90, and finally light coins at $114.34, a crypto coin.
[00:55.800 --> 01:01.520]  Today in history, the year 1968, President Lyndon M. Johnson signed the Civil Rights Act
[01:01.520 --> 01:06.480]  of 1968, which prohibited private businesses from discriminating based on race, color,
[01:06.480 --> 01:08.360]  religion, sex, or national origin.
[01:08.360 --> 01:13.520]  It also prohibited unequal application of voter registration requirements, racial segregation
[01:13.520 --> 01:18.640]  in public schools, and employment, and public accommodations for places of business.
[01:18.640 --> 01:24.360]  Today in history.
[01:24.360 --> 01:28.360]  For recent news, tensions in Syria seem to have reached new levels after a chemical attack
[01:28.360 --> 01:32.680]  on civilians in the city of Douma, which left 40 dead and many injured, an attack which
[01:32.680 --> 01:37.120]  is being blamed on the democratically elected President of Syria Bashar al-Assad by the
[01:37.120 --> 01:41.900]  United States and on Israel by Russia, either accusatory narrative without any verified
[01:41.900 --> 01:43.800]  evidence as of yet.
[01:43.800 --> 01:47.280]  President Trump tweeted today, Wednesday, that if, quote, Russia vows to shoot down
[01:47.280 --> 01:51.640]  any and all missiles fired at Syria, get ready, Russia, because they will be coming in nice
[01:51.640 --> 01:53.360]  and new and smart.
[01:53.360 --> 01:56.920]  Going on to warn Russia that you shouldn't be partners with a gas-killing animal who
[01:56.920 --> 01:59.080]  kills his people and enjoys it.
[01:59.080 --> 02:03.120]  Many in the West, including President Trump, have been quick to conclude that this chemical
[02:03.120 --> 02:07.320]  attack must have been conducted by Assad and his forces.
[02:07.320 --> 02:11.560]  Syria and Russia, on the other hand, have given approval since yesterday for the organization
[02:11.560 --> 02:16.360]  for the prohibition of chemical weapons to investigate the side of the chemical slaughter.
[02:16.360 --> 02:19.920]  Assad has been successful in maintaining rule and support during Syria's seven-year civil
[02:19.920 --> 02:24.520]  war, a civil war that is being fought by the government of Syria and anti-Assad Syrian
[02:24.520 --> 02:29.320]  rebels that are openly being funded by Western governments, with ISIS being one of the more
[02:29.320 --> 02:33.080]  notorious splinter groups of the American-backed Syrian rebels.
[02:33.080 --> 02:38.440]  No surprise then why Russian Foreign Minister Spokeswoman Maria Zakoba posted on Facebook
[02:38.440 --> 02:43.480]  that smart missiles should be fired at terrorists and not at a legitimate government which has
[02:43.480 --> 02:47.720]  been fighting terrorists, or is this a trick to destroy all traces with a smart missile
[02:47.720 --> 02:54.720]  strike, and then there will be no evidence for international inspectors to look at.
[03:17.720 --> 03:29.720]  What are you gonna do?
[03:29.720 --> 03:38.720]  When they come for you?
[03:38.720 --> 03:44.540]  When you were eight and your head back three, you go to school and earn a golden rule, so
[04:14.540 --> 04:18.840]  What they gonna do when they come for you Bad boys, bad boys
[04:18.840 --> 04:22.240]  What they gonna do What they gonna do when they come for you
[04:22.240 --> 04:25.520]  Bad boys, bad boys What they gonna do
[04:25.520 --> 04:29.740]  What they gonna do when they come for you Bad boys, bad boys
[04:29.760 --> 04:33.540]  What they gonna do What they gonna do when they come for you
[04:33.540 --> 04:38.560]  Nobody not giving overhead For only snorfin' all grey
[04:38.560 --> 04:42.000]  Okay, howdy howdy, Randy Kelton, Deborah Stevens
[04:42.000 --> 04:51.520]  rule of law radio on this the ninth day of August 2018. And things are getting pretty
[04:51.520 --> 04:56.640]  busy around here. I'm about to head up to Canada. I'm going to spend a week or so up
[04:56.640 --> 05:04.440]  there going to some seminars, see if I can get the details worked out on how to get this
[05:04.440 --> 05:12.880]  project launched. And so far everything's looking good. Pieces are falling into place.
[05:12.880 --> 05:18.360]  And I'm beginning to understand how the blockchain works and the more I find out
[05:18.360 --> 05:25.160]  about it, the more enthusiastic I get about it. We do have, we have the phone
[05:25.160 --> 05:29.720]  lines on. I'm turning them on now. We'll have them on all night. If you have a
[05:29.720 --> 05:41.480]  question or a comment, give us a call or call in number 512-646-1984. And I haven't
[05:41.480 --> 05:49.560]  been working on the legal side very much except for the pictures. We put in a
[05:49.560 --> 06:00.000]  request for a reconsideration on the court's rulings. There are some surprising
[06:00.000 --> 06:09.040]  and confusing aspects of Texas government code. Where it appears that the Texas
[06:09.040 --> 06:14.640]  government code gives the county and district court concurrent jurisdiction
[06:14.640 --> 06:21.560]  with a municipal court to enforce municipal ordinances that are designated
[06:21.560 --> 06:29.480]  a health and safety, health and safety violation. I've never seen anything like
[06:29.480 --> 06:37.440]  that before. It looks as though a municipality instead of taking you
[06:37.440 --> 06:46.200]  before a board of the governing body or before taking you before a municipal
[06:46.200 --> 06:52.440]  court, could just take you right to the district court. They could file a
[06:52.440 --> 06:56.480]  complaint in the district court and bring you right into the district court
[06:56.480 --> 07:02.080]  and have the district court court adjudicate the issue. The argument we
[07:02.080 --> 07:14.880]  made was that under 54.003 the legislature authorized a municipality to
[07:14.880 --> 07:23.800]  assess a fee or a penalty. And nowhere in that code did it authorize any other
[07:23.800 --> 07:32.160]  court to assess a fee or a penalty. It does say that the county and district
[07:32.160 --> 07:41.080]  court can have concurrent jurisdiction, but the statute specifically
[07:41.080 --> 07:46.480]  authorized a municipal court, not a county or district court. If they all had
[07:46.480 --> 07:53.560]  equal jurisdiction, it would seem that the statute would not single out one
[07:53.560 --> 08:02.240]  court to the exclusion of others. So the way I read the code is if the city
[08:02.240 --> 08:08.320]  determines that there is a violation through a proper adjudicated process and
[08:08.320 --> 08:16.040]  then assesses a fee or penalty, then they can go to the district or county court
[08:16.040 --> 08:24.680]  to enforce that fee or penalty. But I see nothing that authorizes the county or
[08:24.680 --> 08:29.280]  district court to assess that fee or penalty. This is what they did in this
[08:29.280 --> 08:38.560]  particular case. And the court ruled in kind of a convoluted way. And after I
[08:38.560 --> 08:46.320]  read the opinion a few times, it seems clear that the court of appeals
[08:46.320 --> 08:53.800]  misunderstood what went on in the case. The court of appeals, in the documents
[08:53.800 --> 08:59.600]  they talk about the trial court. We talk about the trial court, but when we were
[08:59.600 --> 09:06.480]  talking about the trial court, referring to subject matter jurisdiction, we were
[09:06.480 --> 09:11.800]  talking about the municipal court and subject matter jurisdiction. We challenged
[09:11.800 --> 09:17.440]  that. And I think the court read it as though we only challenged jurisdiction in
[09:17.440 --> 09:21.680]  the district court. And they were mixing, when they used the term trial court, they
[09:21.680 --> 09:26.760]  mixed up which court it was referring to. This is why you have to read legal
[09:26.760 --> 09:33.040]  documents. Really careful, pay close attention to the wording and the
[09:33.040 --> 09:38.040]  context because you got a set of judges up here. They weren't in the case. They
[09:38.040 --> 09:42.160]  just got this stack of documents. They're trying to sort out what happened from the
[09:42.160 --> 09:46.680]  stack of documents. And sometimes they get it twisted around. Okay, we do have a
[09:46.680 --> 09:50.840]  couple of callers. So I'm going to go ahead and go to our causes. We'll have a
[09:50.840 --> 09:57.720]  two-hour show tonight. We're going to go to Tina in California. Hello, Tina.
[09:57.720 --> 10:11.880]  Hello, Tina. Tina, I do not hear you. I'm having trouble with my Bluetooth. Can you get
[10:11.880 --> 10:16.040]  someone else and then come back to me? Yes, I can do that. I can barely hear you
[10:16.040 --> 10:22.320]  now. You're kind of muted, so I will bring some. Okay, so I'll take you back
[10:22.320 --> 10:31.160]  shortly. Okay, now we're going to John in New York. Hello, John. What do you have
[10:31.160 --> 10:37.720]  for us today? Well, I'll try to keep it as short as I can. It's more. I'm the case
[10:37.720 --> 10:44.160]  or let me get my things up here. I've got my notes so I can be real fast. I don't
[10:44.160 --> 10:49.200]  have to think. I like it when I don't have to think because I have trouble thinking.
[10:49.200 --> 10:56.960]  I wasn't going to comment on that, but you certainly opened the door for it. Oh, no.
[10:56.960 --> 11:07.880]  How could I do such a thing? Hold on. Let me see. Okay, I can't find my notes,
[11:07.880 --> 11:12.240]  isn't that? Okay, why are you looking for your notes? We do have some
[11:12.240 --> 11:20.160]  interesting stuff going on with the Texas Rangers. We have David in Tyler, Texas,
[11:20.160 --> 11:29.240]  who I helped him file a suit against two police officers and Walmart, and we put
[11:29.240 --> 11:33.240]  together a bunch of criminal charges against the judge because he went into
[11:33.240 --> 11:38.240]  court and the judge separated this group of people. I guess it was their first
[11:38.240 --> 11:45.000]  appearance, and he told them all, if you will forfeit your bond, we'll dismiss your
[11:45.000 --> 11:51.800]  case. And this guy said, heck with that, I'm not dismissing the case, and they
[11:51.800 --> 11:56.640]  wouldn't give him his bond back, so he pursued him to get the bond back, and so
[11:56.640 --> 12:00.760]  they decided to prosecute him. I think they knew they didn't have a case against
[12:00.760 --> 12:04.160]  him to start with, and then they kept having him come to court and they
[12:04.160 --> 12:10.800]  wouldn't have a hearing, and he always showed up, so they finally, the judge
[12:10.800 --> 12:21.240]  ordered the clerk to send a notice to an address that David had a notice in the
[12:21.240 --> 12:27.040]  record was not a valid address. They sent it to that address on purpose, and when
[12:27.040 --> 12:30.880]  he didn't show up, they went to where he worked and arrested him, and instead of a
[12:30.880 --> 12:36.880]  $500 bond, they charged a $3,000 bond. Now they're trying to get him to
[12:36.880 --> 12:42.120]  forfeit that bond, so if you don't forfeit the small bond, they'll engineer a
[12:42.120 --> 12:47.320]  larger bond and threaten to do horrible things to you if you don't forfeit that
[12:47.320 --> 12:53.200]  one. So we filed criminal charges as Texas Ranger. You don't suppose they violated
[12:53.200 --> 13:00.560]  the law, do you? And hold on, and the Texas Ranger refused to even read the
[13:00.560 --> 13:06.520]  complaint. We'll see how that works out for it. Okay, John, did you find your notes?
[13:06.520 --> 13:15.840]  I sure did. Okay, now we have a girl in upstate New York, 35. She is obsessive
[13:15.840 --> 13:19.240]  compulsive. It's funny that you brought that up. I didn't even mention it, and you
[13:19.240 --> 13:24.000]  did, so that must mean something. And several months ago, she was prescribed
[13:24.000 --> 13:33.520]  obsessive compulsive medication by her doctor, and she's also a hoarder. H-O-A-R-D-E-R,
[13:33.520 --> 13:40.680]  a hoarder. Okay, so she does have some... That's all obsessive compulsive, and
[13:40.680 --> 13:45.880]  obsessive compulsive. This is the girl that was charged with repeatedly calling
[13:45.880 --> 13:53.200]  the 911, and they charged her with harassment. Well, if she's been diagnosed
[13:53.200 --> 13:59.400]  as obsessive compulsive, that's an affirmative defense to prosecution. So
[13:59.400 --> 14:06.840]  that's an affirmative defense? Yes. A crime is all crimes are thought
[14:06.840 --> 14:16.960]  crimes. Yep. If you have a psychological condition that essentially compels you
[14:16.960 --> 14:24.440]  to do something, that's not intentional in terms of law. That's a psychological
[14:24.440 --> 14:29.320]  condition, temporary insanity. And temporary insanity doesn't mean you're
[14:29.320 --> 14:39.840]  totally wacko. It just means you have psychological issues. Inclinations. In
[14:39.840 --> 14:44.760]  this case, she has an issue. She has an obsessive compulsive disorder. Now, they
[14:44.760 --> 14:52.560]  used to call that maniac, and then they called it... What was the other one?
[14:52.560 --> 15:02.280]  That's sociopath. There's another term for it. Bipolar. No, I'm getting that wrong.
[15:02.280 --> 15:08.080]  It's not bipolar. I'm making obsessive compulsive with bipolar. No, obsessive
[15:08.080 --> 15:16.240]  compulsive. If you've ever seen just a great show with Jack Nichols where he
[15:16.240 --> 15:23.200]  can't step on cracks. And I knew a guy who couldn't step on cracks. There's
[15:23.200 --> 15:30.320]  another one called... He was a police investigator. His name... Now I can't
[15:30.320 --> 15:37.720]  think of his name. Monk. Monk. Monk? Yeah. Monk. Yeah. And he was
[15:37.720 --> 15:41.960]  obsessive compulsive. But he was functionally obsessive compulsive. This
[15:41.960 --> 15:50.600]  one is obsessive compulsive in a way that causes her issues. Right. Now, what if
[15:50.600 --> 15:53.800]  they want to put her away? They'll say, well, in that case, we'll put her away.
[15:53.800 --> 15:58.280]  Just ask for a psychiatric evaluation. She already has an evaluation of
[15:58.280 --> 16:02.960]  obsessive compulsive. They're just charging a bunch of stuff to get her to
[16:02.960 --> 16:11.120]  take a deal so they don't have to mess with her. Does she have a lawyer? Not
[16:11.120 --> 16:14.640]  yet officially. Now, let me go through the case real fast. I got it all written
[16:14.640 --> 16:19.200]  down, so I won't waste time trying to think about it. So she gets arrested
[16:19.200 --> 16:24.600]  twice. The first time for second degree aggravated harassment, which is a
[16:24.600 --> 16:30.280]  misdemeanor. The second time they charged her with first degree aggravated
[16:30.280 --> 16:36.440]  harassment, which is a felony. Okay. Did they adjudicate the first arrest? I mean,
[16:36.440 --> 16:43.000]  did they take it to trial and? No, no. And they did not read her or her
[16:43.000 --> 16:47.440]  Miranda rights the second time she was arrested. That's not necessarily relevant.
[16:47.440 --> 16:54.200]  It's only relevant if she says something that they intend to use in court.
[16:54.200 --> 17:09.440]  It's the 2018 Logos Radio Network annual fundraiser and gun giveaway sponsored
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[17:21.040 --> 17:27.240]  prize up for grabs is a Spikes Tactical AR 15. More prizes and sponsors to be
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[17:58.680 --> 18:04.480]  today. Are you being harassed by debt collectors with phone calls, letters or
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[18:22.200 --> 18:26.520]  contacted by phones, mail or court summons? How to answer letters and phone
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[18:57.840 --> 19:23.120]  to learn how to stop debt collectors next.
[19:23.120 --> 19:52.800]  Okay, we are back.
[19:52.800 --> 19:56.720]  Randy Kelton and Randy Kelton Debra Stevens rule of law radio and we're
[19:56.720 --> 20:01.360]  talking to John in New York and John I kind of ran off the cliff there.
[20:01.360 --> 20:07.360]  Okay, this case seems relatively straightforward.
[20:07.360 --> 20:14.080]  The woman has an issue and the prosecutor, he don't care.
[20:14.080 --> 20:17.840]  She needs to, you need to help put her together a request for court
[20:17.840 --> 20:20.800]  appointing counsel and ask the court, the court appointed
[20:20.800 --> 20:28.000]  counsel to request a psyche vow and after this thing out.
[20:28.000 --> 20:33.360]  Okay, now what they have charged her with first degree aggravated harassment
[20:33.360 --> 20:37.520]  does not fit what she did. I sent you a copy of the law.
[20:37.520 --> 20:42.400]  Okay, it's not going to matter. You see they're never going to get there.
[20:42.400 --> 20:47.840]  Well, can you sue them for some type of a breach of, I mean that was ridiculous
[20:47.840 --> 20:53.040]  and the media coverage that they've given her, I worked for the media for 40 years.
[20:53.040 --> 20:58.640]  The kind of media coverage they gave her was akin to a first-degree murder.
[20:58.640 --> 21:02.160]  They had her all over the internet, they got her all over
[21:02.160 --> 21:06.800]  FM, AM and newspapers like she's some kind of a murderer.
[21:06.800 --> 21:10.080]  Well, do the same thing to the prosecutor.
[21:10.080 --> 21:16.640]  They can do that, but you can do the same thing to the prosecutor.
[21:16.640 --> 21:21.280]  Smear him all over the internet. He's a public official.
[21:21.280 --> 21:26.240]  What? Did you bar grieve the prosecutor?
[21:26.240 --> 21:32.080]  Not yet. But why not? Well, because she hasn't even,
[21:32.080 --> 21:37.360]  she doesn't even see a lawyer yet. No, did you bar grieve the prosecutor?
[21:37.360 --> 21:47.520]  Can I? Of course. He is your employee. What? He's your employee.
[21:47.520 --> 21:52.000]  Well, he's in the new county. Don't care where he's at. He's in the state.
[21:52.000 --> 21:57.120]  He's in charge of you with a first, did you charge
[21:57.120 --> 22:01.680]  you with a felony? Yeah, the first-degree aggravated arrest.
[22:01.680 --> 22:10.240]  Okay, okay. That's a state, that's a state charge. He's a state employee and
[22:10.240 --> 22:14.960]  you're a member, you're a citizen in the republic.
[22:14.960 --> 22:18.800]  So you got standing, file against him. Okay.
[22:18.800 --> 22:25.680]  All right, how do you do it? You go to the state bar association, fill out the form.
[22:26.400 --> 22:30.160]  Do you call them or do you go or what do you do? You go to the state bar
[22:30.160 --> 22:34.880]  association website. John, come on. Okay.
[22:34.880 --> 22:39.520]  They can't fill out the form on the telephone.
[22:39.520 --> 22:43.280]  You go to the state bar association website, go to their complaint section
[22:43.280 --> 22:46.400]  and fill out the form. Okay.
[22:46.400 --> 22:50.400]  Piece of cake. All right.
[22:50.400 --> 22:54.160]  And get a couple other people to do it. Okay.
[22:54.160 --> 23:01.760]  That'll make, that'll make him nuts. No, explain. Then post what you filed
[23:01.760 --> 23:09.040]  on some blogs and some websites and see if you can get his name out there.
[23:09.040 --> 23:14.080]  Slander him a little bit like he's been slandering this woman.
[23:14.080 --> 23:18.480]  Okay, now I've got to tell you this, this is very important.
[23:18.480 --> 23:25.280]  First degree aggravated harassment. It is about when you threaten, annoy,
[23:25.280 --> 23:31.280]  harass or alarm another person because of a belief or perception regarding race,
[23:31.280 --> 23:36.560]  color, national origin, ancestry, gender, religion, religious practice, age,
[23:36.560 --> 23:40.080]  disability, sexual orientation, regardless of whether the belief or
[23:40.080 --> 23:45.520]  perception is correct or not. It has nothing to do with what she did.
[23:45.520 --> 23:53.040]  Okay, then that's what you filed in the bar grievance.
[23:53.040 --> 23:57.840]  Did we do this before? And you could file a challenge charge against him for
[23:57.840 --> 24:04.080]  a tamper with a government document. Explain how?
[24:04.080 --> 24:07.520]  He put false statements on a government document. Tended those statements to be
[24:07.520 --> 24:14.080]  taken as true. And he filed it in a court.
[24:14.080 --> 24:18.960]  Okay, well the court appointed lawyer
[24:18.960 --> 24:21.840]  is never going to go for that so I'm going to have to put myself.
[24:21.840 --> 24:24.000]  You don't blame him. What are you talking about?
[24:24.000 --> 24:27.200]  Court appointed lawyer don't have anything to do with that.
[24:27.200 --> 24:32.560]  I know, I know. Don't care what he goes for if he says two words about it and
[24:32.560 --> 24:38.080]  charge him with witness tampering. Bar grieve him and then he'll get
[24:38.080 --> 24:45.840]  apoplexy. What I'm saying is, what I'm saying is
[24:45.840 --> 24:50.240]  he's going to tell me or her or her parents
[24:50.240 --> 24:53.840]  that we're off base and don't do that and blah blah blah blah blah blah.
[24:53.840 --> 25:00.160]  You don't care what he says. If he can phase to you that you should
[25:00.160 --> 25:06.160]  stop doing this, you should bar grieve him for witness tampering.
[25:06.160 --> 25:12.800]  Okay, all right. We have to take control of our public officials.
[25:12.800 --> 25:16.080]  Yeah, because they are out of control and this...
[25:16.080 --> 25:21.600]  You have to actively take control. Some way we're going to get these guys
[25:21.600 --> 25:26.160]  back where they should be. If they got a third party out here
[25:26.160 --> 25:31.120]  who's not connected to the case, that lawyer can say whatever he wants to
[25:31.120 --> 25:35.360]  and you can hammer him or you want to.
[25:35.360 --> 25:41.200]  If he says the wrong thing, then you charge him criminally.
[25:41.200 --> 25:47.600]  If he makes any kind of statement that you can in any way construe as a threat.
[25:47.600 --> 25:51.600]  Because of your filing a criminal accusation, that's witness tampering
[25:51.600 --> 25:55.520]  and obstruction. It's a crime in every state.
[25:55.520 --> 26:01.680]  When you file a criminal complaint, you become a protected class.
[26:01.680 --> 26:05.520]  That's when you really can start having fun with them.
[26:05.520 --> 26:09.440]  Until the day comes when they try to find the dead body in my trunk.
[26:09.440 --> 26:13.120]  If you're afraid of that, get out of this.
[26:13.120 --> 26:17.200]  Don't be here. Oh no, oh no, oh no. I stand right up on my hind leg.
[26:17.200 --> 26:20.960]  I've always done it. It's one thing. It is a...
[26:20.960 --> 26:25.120]  Now, I've had this issue. It is a concern.
[26:25.120 --> 26:29.040]  But it will never be a consideration.
[26:29.040 --> 26:32.960]  Well, I stand up on my hind leg and I come out punching.
[26:32.960 --> 26:36.560]  Just like that judge I had thrown out of court for what he did to me
[26:36.560 --> 26:44.080]  in court. Okay, then file against this prosecutor
[26:44.080 --> 26:47.760]  for filing a false complaint, filing a false document.
[26:47.760 --> 26:53.760]  He filed the information and he had to know that the information was
[26:53.760 --> 26:57.680]  false, so charge him the time for the government document.
[26:57.680 --> 27:00.400]  Sorry. No, will you do me a favor? Will you double...
[27:00.400 --> 27:03.760]  I know you're a busy guy, but will you double check me?
[27:03.760 --> 27:07.280]  I sent it one time. I can send it again if you need it.
[27:07.280 --> 27:13.200]  The law for first degree aggravated harassment. Double check me to make
[27:13.200 --> 27:16.000]  absolutely sure. I know what I'm talking about, but it doesn't...
[27:16.000 --> 27:22.160]  You don't have to be sure. If it looks like it stinks, it stinks.
[27:22.160 --> 27:25.040]  And you can file the complaint claiming that it stinks.
[27:25.040 --> 27:30.400]  Let the prosecutor show why it doesn't stink.
[27:30.400 --> 27:33.840]  Oh, well, I still would appreciate it if you'd read it.
[27:33.840 --> 27:39.120]  Okay, I'll read if I can get to it. I'm going to leave the country tomorrow.
[27:39.120 --> 27:43.040]  So I'm going to be pretty busy here in the next few days,
[27:43.040 --> 27:47.440]  the next week or so. But you aren't leaving the country?
[27:47.440 --> 27:51.280]  Yes. Take me with you.
[27:51.280 --> 27:56.560]  Oh, you might not want to go. I'm going to Canada.
[27:56.560 --> 28:00.000]  I knew you were going to say that. I knew you were going to Canada.
[28:00.000 --> 28:07.440]  I was going to say that. All right, then the only other thing I got
[28:07.440 --> 28:13.280]  is... So it doesn't make any difference if she was not
[28:13.280 --> 28:17.440]  mirandized on the second charge? No.
[28:17.440 --> 28:22.240]  Is that because she was already mirandized? No, that's because
[28:22.240 --> 28:30.080]  it only matters if the prosecution intends to use something that she said
[28:30.080 --> 28:34.080]  after she was arrested without being mirandized.
[28:34.080 --> 28:39.040]  I got a feeling that you did. I got a feeling that this was the time she
[28:39.040 --> 28:44.720]  showed them how she worked that app that made the 911 call.
[28:44.720 --> 28:49.760]  Okay, well, they can't use it in court if they didn't
[28:49.760 --> 28:54.080]  mirandize her. Okay. They don't intend to go to court.
[28:54.080 --> 28:57.840]  They intend to force her to take a deal.
[28:57.840 --> 29:02.480]  Well, yeah, it sounds like they want money. Yeah, that's all that's about. So
[29:02.480 --> 29:08.800]  start making it hot for the prosecutor. When he knows that she has a third
[29:08.800 --> 29:12.320]  party coming to her defense and a third party he
[29:12.320 --> 29:15.600]  can't reach, then he's likely want to make a deal and
[29:15.600 --> 29:18.720]  get that out of his hair.
[29:19.440 --> 29:23.120]  Okay, do you have anything else for us, John? We're about to go to break.
[29:23.120 --> 29:26.400]  I think that's about it. Were you able to reach Leslie
[29:26.400 --> 29:29.840]  to get her permission if she would help? Oh, I forgot to send that.
[29:29.840 --> 29:34.400]  Resend it, then I'll send it to her. Thanks very kindly, Randy. I'll let you
[29:34.400 --> 29:38.000]  get to your next callers. Okay, thank you, John.
[29:38.000 --> 29:42.640]  This is Randy Calton, Deborah Stevens. We'll leave our radio. Our call-in number
[29:42.640 --> 29:49.200]  512-646-1984. We'll be right back.
[30:02.160 --> 30:06.720]  In Wisconsin, an elderly woman who housed orphans was about to lose her home
[30:06.720 --> 30:10.960]  before closure when her 12-year-old grandson came to the rescue.
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[32:05.200 --> 32:10.320]  It's the 2018 Logos Radio Network annual fundraiser and gun giveaway,
[32:10.320 --> 32:15.840]  sponsored by Central Texas Gun Works. Go to LogosRadioNetwork.com and enter to
[32:15.840 --> 32:20.160]  win. Every $25 donation is a chance to win.
[32:20.160 --> 32:25.360]  From Central Texas Gun Works, the grand prize up for grabs is a Spikes Tactical
[32:25.360 --> 32:29.760]  AR-15. More prizes and sponsors to be announced.
[32:29.760 --> 32:33.520]  When you purchase Randy Kelton's e-book, Legal 101,
[32:33.520 --> 32:38.160]  you get four chances to win. Purchase Eddie Craig's Traffic Seminar and get
[32:38.160 --> 32:44.320]  10 chances to win. And remember, every $25 donation is a chance to win.
[32:44.320 --> 32:48.560]  If you've enjoyed the shows on Logos Radio Network, support our fundraiser
[32:48.560 --> 32:52.640]  so we can keep bringing you the best quality programming on talk radio
[32:52.640 --> 32:56.640]  today. We also accept Bitcoin and other cryptocurrencies.
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[33:03.200 --> 33:23.920]  Live free speech radio, LogosRadioNetwork.com.
[33:33.200 --> 33:57.920]  When you're gonna stop abuse, get power.
[33:57.920 --> 34:08.640]  Send a request to the leaders and captain of all officers.
[34:08.640 --> 34:13.920]  Tell them to uphold the law. We don't abuse the power.
[34:13.920 --> 34:19.440]  The beat and the beat and the cheat and the cheat and the light every hour.
[34:19.440 --> 34:25.040]  So Mr. Officer, please stop abusing your power.
[34:25.040 --> 34:29.680]  You're moving over. I tell you to silent.
[34:29.680 --> 34:32.720]  Okay, we are back. Randy Kelton, the receivers,
[34:32.720 --> 34:37.680]  rule of law radio, and we're going to Tina in California.
[34:37.680 --> 34:41.040]  That didn't take. There we go, gotcha. Okay.
[34:41.040 --> 34:45.680]  Hey. Hello Tina. How are you?
[34:45.680 --> 34:53.760]  I have a question for you. Remitator. Do you know what a remitator is?
[34:53.760 --> 34:57.920]  Okay, I couldn't get that. What did you say again?
[34:57.920 --> 35:03.840]  Do you know what a remitator is? A remitator. Never heard of it.
[35:03.840 --> 35:11.520]  Yeah, because I just got one from the appeals court where they denied me the
[35:11.520 --> 35:15.520]  appeal. It went to the California Supreme Court,
[35:15.520 --> 35:19.360]  which denied it. And then they've issued a remitator,
[35:19.360 --> 35:24.240]  which they say is the final thing. There is nothing else can ever be
[35:24.240 --> 35:31.200]  done in this case. And now the bank has 40 days to
[35:31.200 --> 35:35.040]  apply for the costs that were awarded to them.
[35:35.040 --> 35:42.960]  And the appeal court judges put a false statement in their,
[35:42.960 --> 35:48.560]  in their, what do they call it, when they issue their order and their
[35:48.560 --> 35:53.520]  hearing, they put in there that there were these two
[35:53.520 --> 35:57.840]  documents reported in the county recorders office.
[35:57.840 --> 36:02.480]  They were not reported. We put a form in there, a motion to state
[36:02.480 --> 36:05.280]  they were not recorded and that the other side
[36:05.280 --> 36:12.880]  was using that improperly. Okay, if the problem is if the supreme
[36:12.880 --> 36:21.200]  has ruled, that's the end of things. Even though they ruled on
[36:21.200 --> 36:29.520]  false statements. Yep. That's one, you know, we, I run into that all the time.
[36:29.520 --> 36:35.600]  We have the court of appeals render a bug with ruling and you file an appeal
[36:35.600 --> 36:40.160]  to the supreme and they almost never pick it up.
[36:40.160 --> 36:45.200]  So you tend not to have remedy in the civil court when the courts are bought
[36:45.200 --> 36:49.840]  and paid for. And that's why I'm pushing for, to go for
[36:49.840 --> 36:55.760]  remedy with grantures. We start appealing court's decision to a
[36:55.760 --> 37:02.720]  grand jury in, as well as the court of appeals. Lawyers can't do
[37:02.720 --> 37:05.120]  that. Can you appeal a court of a super California
[37:05.120 --> 37:09.760]  supreme court decision? Can you appeal that to a grand jury?
[37:09.760 --> 37:14.960]  Yes, the California supreme court denied you in due process. Absolutely.
[37:14.960 --> 37:19.520]  It's not an appeal directly. You appeal to the grand jury to indict those
[37:19.520 --> 37:22.000]  councils.
[37:23.040 --> 37:30.160]  Okay, I sent you an email a few days ago with three articles
[37:30.160 --> 37:37.120]  on unbelievable corruption and the dexter something decision where that
[37:37.120 --> 37:42.240]  attorney was murdered a couple of days before he was due to give evidence on
[37:42.240 --> 37:46.960]  the corruption and the California. Amazing, isn't it?
[37:46.960 --> 37:51.920]  The problem with those, those kinds of things is we don't know what happened
[37:51.920 --> 37:57.360]  to this lawyer and these two things seem to be
[37:57.360 --> 38:03.840]  connected, but killing a lawyer is an incredibly drastic
[38:03.840 --> 38:09.520]  tactic. And I suspect most of these kinds of stories
[38:09.520 --> 38:14.480]  that I look at, when I, when I go in and dig in deeper, it turns out
[38:14.480 --> 38:17.760]  that there were other things that happened that
[38:17.760 --> 38:25.200]  didn't necessarily have anything to do with the accusation.
[38:25.200 --> 38:30.800]  I've been doing this a long time and I get, we got people out here with agendas
[38:30.800 --> 38:36.800]  and everything that happens, they interpret it in terms of their agenda.
[38:36.800 --> 38:44.640]  When we had the two guys going around the DC area shooting people,
[38:44.640 --> 38:49.360]  after they shot the third person, I got information
[38:49.360 --> 38:55.920]  that got the whole deal and they knew who the FBI handlers were, who the
[38:55.920 --> 39:01.840]  CIA handlers were, where they got the weapons, who got them the weapons,
[39:01.840 --> 39:06.240]  and the whole thing was to kill that FBI analyst.
[39:06.240 --> 39:10.240]  I got the whole deal. It turned out it was all
[39:10.240 --> 39:15.280]  horse manure. When the guy went into the movie theater in Colorado
[39:15.280 --> 39:18.640]  and shot up a bunch of people in the movie theater,
[39:18.640 --> 39:23.760]  within six days I knew who the FBI agent was, the CIA agent,
[39:23.760 --> 39:28.640]  was the weapons dealer who got him all these weapons,
[39:28.640 --> 39:32.000]  the handler who's trained him. I had the whole stuff.
[39:32.000 --> 39:36.320]  I had everything. Turned out it was a hogwash.
[39:36.320 --> 39:40.480]  When the two guys were killed in Mississippi, the two legal reform guys,
[39:40.480 --> 39:46.560]  within hours I had the whole story on how the FBI set them up and how they,
[39:46.560 --> 39:51.840]  they didn't do anything wrong and the FBI just murdered them.
[39:51.840 --> 39:56.720]  Well, it turns out when I got the videos, these two cops pulled these guys over,
[39:56.720 --> 39:59.520]  the 16-year-old boy stepped out of the car with a gun
[39:59.520 --> 40:05.360]  and shot them down like they were dogs. So I keep getting all this
[40:05.360 --> 40:12.240]  information and I've gotten real cynical about it.
[40:12.240 --> 40:18.400]  So to assume that they killed the lawyer over some issue he's
[40:18.400 --> 40:22.800]  bringing, there's a lot of easy ways to handle lawyers and shoot him.
[40:22.800 --> 40:26.560]  So anyway, I just want to say that to everybody. It really wasn't about your
[40:26.560 --> 40:29.760]  case so much. When we start hearing these kinds of
[40:29.760 --> 40:35.120]  outrageous stories, 90% of the time when you get all the
[40:35.120 --> 40:40.320]  details, it's not near so outrageous as it sounds.
[40:40.320 --> 40:46.640]  Like the guy in Dallas that was murdered, ran over three times.
[40:46.640 --> 40:50.240]  But it turned out his wife caught him cheating on her.
[40:50.240 --> 40:55.040]  He ran over him and backed up over him and ran over him again.
[40:55.040 --> 40:59.520]  He had video, had parking lot videos. So we don't always get the story.
[40:59.520 --> 41:05.440]  Okay, enough on that. I want to get back to your stuff.
[41:05.440 --> 41:11.680]  I'm going to Canada and in the evenings I'll, since I'm out of the office, I'll
[41:11.680 --> 41:15.840]  have more free time. I'll see if I can get your
[41:15.840 --> 41:21.840]  claims put together. I haven't used this spreadsheet in a long time so I may have
[41:21.840 --> 41:27.040]  to do some corrections on it. I have an
[41:27.040 --> 41:34.800]  Excel spreadsheet with 396 merge locations in it.
[41:34.800 --> 41:43.040]  I merge from the spreadsheet to an output lawsuit and it is a beast.
[41:43.040 --> 41:46.720]  Anyone who's trying to do, has ever tried to do merge
[41:46.720 --> 41:53.360]  with the Microsoft, it is a beast. And I had to replace all of the
[41:53.360 --> 41:57.360]  fields in it about a half a dozen times because it just arbitrarily
[41:57.360 --> 42:01.680]  screws them up. But I will get on that this week if you
[42:01.680 --> 42:09.520]  are sending me another email Monday. Or send me on Sunday. I'll be in
[42:09.520 --> 42:14.400]  Canada and I'll have time to get on that.
[42:14.400 --> 42:18.880]  I want to get that for you. That's a really good suit. I've never
[42:18.880 --> 42:24.080]  done that suit with nothing else. Because if I
[42:24.080 --> 42:28.080]  file with that suit they ignore that part of it and dismiss on
[42:28.080 --> 42:30.720]  something else. It's a standard procedure of course.
[42:30.720 --> 42:37.200]  So I've gotten to where I only want to claim one issue at a time.
[42:37.200 --> 42:41.760]  So the judge only can't look at the easiest issue I've got filed.
[42:41.760 --> 42:46.480]  Blow it off and they'd ignore the rest. Now he has to pay attention to this
[42:46.480 --> 42:52.720]  issue. Okay well it's going to be interesting.
[42:52.720 --> 42:56.160]  I have this thing going on that I cannot talk about
[42:56.160 --> 43:00.880]  at the moment. I'm just hoping against hope that they will take it up.
[43:00.880 --> 43:06.800]  They're investigating and this what you might be able to produce might
[43:06.800 --> 43:10.240]  push them over the edge but it would be awesome.
[43:10.240 --> 43:14.480]  If it does all I can do is keep my fingers crossed and hope
[43:14.480 --> 43:19.440]  because it'll bring other things wide open if they will.
[43:19.440 --> 43:26.400]  And I did find another document that where they sent me a letter
[43:26.400 --> 43:31.840]  about the expenses that they issued in the first case with
[43:31.840 --> 43:37.120]  outcourt approval. Okay okay hang on hang on back to go to break. Randy
[43:37.120 --> 43:43.440]  Kelton, Deborah Stevens, Reel of Law Radio. A call in number 512-646-1984.
[43:43.440 --> 43:47.520]  We had James on the line. They dropped off if you're there James. Call us back.
[43:47.520 --> 44:02.240]  We'll get to you. We'll be right back.
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[44:47.200 --> 44:50.960]  naturespureorganics.com
[45:01.280 --> 45:04.400]  Are you the plaintiff or defendant in a lawsuit?
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[45:56.800 --> 46:12.720]  Or call toll free 866-LAW-EZ.
[46:27.120 --> 46:51.680]  Okay, we are back. We're into Kelton-Dibber Stevens,
[46:51.680 --> 46:57.680]  rule of law radio and we're talking to Tina in California. Okay Tina what else
[46:57.680 --> 47:03.760]  do you have for us today? Yeah okay you there's always a meaning
[47:03.760 --> 47:07.920]  in words right words have meaning especially in court correct?
[47:07.920 --> 47:14.080]  Absolutely. I recently heard of a case that turned on a comma.
[47:14.080 --> 47:18.480]  Oh wow well here we've got something a definition of
[47:18.480 --> 47:25.040]  incurred in accounting terms. It means the moment in which an expense
[47:25.040 --> 47:29.840]  has occurred on a transaction or a transaction has taken place
[47:29.840 --> 47:35.680]  and must be recorded. In other words it is the exact date financial
[47:35.680 --> 47:39.040]  operation has happened and must be recognized
[47:39.040 --> 47:45.600]  in the accounting system. So wait a minute where did you find this?
[47:45.600 --> 47:52.400]  Um so I was researching um I can't remember the exact place but I'll
[47:52.400 --> 47:57.680]  find it. Okay this is a definition within the code?
[47:58.400 --> 48:01.280]  I can't remember I've got to look it up where I found it.
[48:01.280 --> 48:06.320]  Okay that is real real important you know we have people come on and they quote
[48:06.320 --> 48:12.960]  Black's Law Dictionary. Never ever quote Black's Law Dictionary.
[48:12.960 --> 48:18.560]  Always Black's Law Dictionary will have underlying case law.
[48:18.560 --> 48:23.040]  Quote the underlying case law not Black's Law. So
[48:23.040 --> 48:26.320]  this was intriguing because you said it must
[48:26.320 --> 48:31.360]  be recorded. I really would like to see the context
[48:31.360 --> 48:38.480]  in which must be recorded was intended.
[48:38.480 --> 48:42.880]  Okay that would mean if these lawyers charged you something according to this
[48:42.880 --> 48:50.480]  definition they would have to show you documentation
[48:50.480 --> 48:54.320]  and they never do. And they refuse. They showed me
[48:54.320 --> 48:59.600]  some invoices and I'll just give you one example of a cost
[48:59.600 --> 49:03.200]  and it says in their letter where they put these
[49:03.200 --> 49:06.880]  copies of something which doesn't tell you what they did
[49:06.880 --> 49:18.160]  6,855.5 posted on 67 2012 invoice reset on 522
[49:18.160 --> 49:23.200]  12 approved on 531 12 on approved on wait a minute I don't know what you're
[49:23.200 --> 49:26.480]  talking about they were approved who approved
[49:26.480 --> 49:30.480]  what was the purpose of the approval I don't know what they're talking about.
[49:30.480 --> 49:34.240]  It was a legal fee they charged me without court approval
[49:34.240 --> 49:39.760]  on a lawsuit that I lost and they never asked for the court approval
[49:39.760 --> 49:44.080]  they just said we can charge it because we're allowed to due to the note
[49:44.080 --> 49:48.320]  of any expense we incur for debt collection but they're not debt
[49:48.320 --> 49:52.640]  collectors according to them. Okay tell them to scratch if they're
[49:52.640 --> 49:57.600]  trying to collect the debt. Well yeah I know but then go to
[49:57.600 --> 50:04.720]  Lewis radio network and pull down uh you know I've just said Michael
[50:04.720 --> 50:10.800]  Merris's uh work on debt collection you'll
[50:10.800 --> 50:15.760]  show you how to wind their clocks but let them try to
[50:15.760 --> 50:18.320]  collect it then. The court they're not a collected
[50:18.320 --> 50:21.120]  the well this is the mortgage that they collected.
[50:21.120 --> 50:24.800]  Did the court or if the court didn't order this amount it's not a debt
[50:24.800 --> 50:30.080]  and you should file against them for extortion.
[50:30.080 --> 50:36.960]  I like that part but I will go and check that because I think it is extortion
[50:36.960 --> 50:42.160]  but what they say is this 685545 which they will not explain what they did
[50:42.160 --> 50:48.160]  for that was posted on 572012 it says invoice
[50:48.160 --> 50:55.200]  reset on 52212. Okay hold on what's posted? What's posted
[50:55.200 --> 51:01.200]  where? This amount was posted but it doesn't say
[51:01.200 --> 51:06.880]  where it just says posted. In invoice reset 522
[51:06.880 --> 51:12.080]  then approved on 531 again on 61 again on okay hold on hold you give me a whole
[51:12.080 --> 51:15.280]  lot of stuff are they trying to collect this
[51:15.280 --> 51:20.640]  amount from you without a court approval so they don't they don't have a court
[51:20.640 --> 51:23.520]  order ordering you to pay this amount do they?
[51:23.520 --> 51:27.120]  No. And they're debt collector. Just took it.
[51:27.120 --> 51:31.760]  And they're lawyers so they're have you bar grieved them for it yet?
[51:31.760 --> 51:35.840]  Well I'm going to be I've just been figuring all the said I will be
[51:35.840 --> 51:39.600]  bar grieving them for it but the odd thing is on the
[51:39.600 --> 51:43.760]  bankruptcy proof of claim the same amount
[51:43.760 --> 51:54.800]  of state 685545 incurred on 6812. So that's where
[51:54.800 --> 51:59.440]  was it incurred? What is the meaning of incurred? Is it on that date it was
[51:59.440 --> 52:05.520]  incurred or you just decided you would approve it on that date?
[52:05.520 --> 52:10.240]  Because it's a different date it was posted on 57 in their letter that they
[52:10.240 --> 52:15.280]  sent me in 2013 but in the bankruptcy proof of
[52:15.280 --> 52:19.280]  claim they said it was incurred on June the 8th.
[52:19.280 --> 52:24.880]  Okay that may that may be may not be relevant it may be an error but not
[52:24.880 --> 52:29.840]  necessarily a material error. What's material is not the date it
[52:29.840 --> 52:33.920]  was incurred but whether or not it was properly
[52:33.920 --> 52:39.040]  incurred and it was a valid claim or just something the lawyers made up.
[52:39.040 --> 52:42.240]  They said they don't yeah they don't they told me
[52:42.240 --> 52:46.720]  they don't have to give me tell me what they did
[52:46.720 --> 52:51.920]  for that amount. Then wouldn't I not be able to pay you?
[52:51.920 --> 52:56.400]  Yeah well that's what I said but they just added it to my loan balance
[52:56.400 --> 53:02.000]  so they they oh they added it to the loan balance that becomes fraud.
[53:02.000 --> 53:05.520]  Yes they did. They have to prove it up then
[53:05.520 --> 53:09.360]  that it's a valid claim or it's fraud.
[53:10.320 --> 53:15.280]  Okay and that's the reason you couldn't pay off the loan because they added its
[53:15.280 --> 53:21.280]  sixth grand in there. 26 grand.
[53:21.680 --> 53:26.720]  Okay we're doing really bits and pieces here so it's
[53:26.720 --> 53:30.320]  nothing very consistent I'm not sure where you're at
[53:30.320 --> 53:34.800]  what the context of this claim is. I will send you it to you
[53:34.800 --> 53:38.960]  and I'll explain it in an email because it may affect your what you're doing with
[53:38.960 --> 53:41.520]  the accounting but I think that they
[53:41.520 --> 53:45.440]  controverted my equity they they just took my equity.
[53:45.440 --> 53:48.720]  Yes send me anything that looks like they
[53:48.720 --> 53:54.720]  acted improperly and we'll put them on the dime for it.
[53:54.720 --> 53:59.760]  I like that. Okay send it to me. We got a couple more
[53:59.760 --> 54:05.840]  callers I need to move along. Thank you. Okay thank you Tina. You did great.
[54:05.840 --> 54:10.560]  Now we're going to go to James in Texas hello James.
[54:10.560 --> 54:14.880]  Hello Randy how you doing tonight? I'm doing good.
[54:14.880 --> 54:19.680]  Well it's been a couple weeks since I've talked to you
[54:19.680 --> 54:23.920]  and the judge denied all my motions in a traffic ticket
[54:23.920 --> 54:27.120]  including the motion for a fair and impartial trial.
[54:27.120 --> 54:32.400]  So I've already filed the disqualification motion.
[54:32.400 --> 54:37.040]  Okay did I send you jockeling v chambers?
[54:37.040 --> 54:44.640]  No sir. See me in email and ask me for the case that requires the judge to
[54:44.640 --> 54:52.080]  properly apply the law to the facts. Okay says a judge has no discretion in
[54:52.080 --> 54:59.680]  properly applying the law to the facts. Failure to do so is due process violation.
[54:59.680 --> 55:04.240]  If you deny his due process that's a crime in the state of Texas.
[55:04.240 --> 55:09.040]  So since he didn't properly apply the law to the facts in your motions and
[55:09.040 --> 55:13.520]  pleadings he denied you at a fair and impartial trial.
[55:13.520 --> 55:19.680]  He charged him criminally and start run the routine on the grand jury on him.
[55:19.680 --> 55:25.920]  And he denied a finding of facts and conclusions of law. Told me he didn't
[55:25.920 --> 55:30.080]  have to do that. And that's true he doesn't but that
[55:30.080 --> 55:35.760]  supports your claim that he failed to properly apply the law to the facts.
[55:35.760 --> 55:41.280]  Had he properly applied to the law to the facts he would have shown that he did.
[55:41.280 --> 55:45.440]  Gotcha. So that works. So anyway this
[55:45.440 --> 55:50.000]  qualification motion in the record and also sent to the head administrative
[55:50.000 --> 55:53.200]  judge in Conroe along with a copy of the criminal
[55:53.200 --> 55:57.120]  complaints that I handed or got to the assistant county
[55:57.120 --> 56:00.960]  attorney. Now to his credit he took it. I'm sure
[56:00.960 --> 56:04.560]  the county attorney will throw it in the trash.
[56:04.560 --> 56:09.520]  And I went to a paralegal friend of mine and
[56:09.520 --> 56:12.880]  talked to her and she said you know I asked her I said well
[56:12.880 --> 56:16.240]  where's the grand where and when do the grand jury meet. She said oh that's
[56:16.240 --> 56:19.600]  secret here. It is no such thing. You're talking about
[56:19.600 --> 56:24.800]  whether it's about Parker County. No this is Angelina's town.
[56:24.800 --> 56:28.560]  Oh Angelina's county. It is absolutely not secret. The only thing the secret about
[56:28.560 --> 56:32.240]  a grand jury are grand juries deliberations.
[56:32.240 --> 56:36.160]  And and I knew that but I didn't argue with her but I just thought what if I'll
[56:36.160 --> 56:39.840]  talk to John who's the attorney she works for.
[56:39.840 --> 56:45.600]  But anyway it gets better. And I'm pretty sure I'm holding in my hand
[56:45.600 --> 56:51.120]  right now but let's see on the I got a letter
[56:51.120 --> 56:57.440]  on the Wednesday the second or no Wednesday.
[56:57.440 --> 57:04.560]  Yeah came Wednesday the second. It was dated the third I mean the 30th
[57:04.560 --> 57:08.240]  of July. Tell me that I was gonna have a warrant
[57:08.240 --> 57:14.800]  issue
[57:14.960 --> 57:18.160]  for my arrest for the failure to appear on the second
[57:18.160 --> 57:25.200]  ticket. Oh I got your email on that. And here's here's the funny thing.
[57:25.200 --> 57:29.920]  My one of my roommates she asked me that I actually opened it Thursday morning. I
[57:29.920 --> 57:33.200]  said read this mess. You know I don't believe what the judge is doing now.
[57:33.200 --> 57:36.480]  And she said well what are you gonna do? And I said hold on.
[57:36.480 --> 57:41.440]  She got my file out of my car and I handed her three motions. I said
[57:41.440 --> 57:45.040]  you see that file stand there. What's the date on it? And she said
[57:45.040 --> 57:48.320]  July 5th. I said I appeared a full two weeks before
[57:48.320 --> 57:51.600]  my final date appeared.
[57:53.840 --> 57:59.120]  So you're gonna let him arrest you and then sue him for false imprisonment.
[57:59.120 --> 58:05.520]  Yes sir. Yep. I just got another letter for
[58:05.520 --> 58:09.680]  me. And I literally just opened it on the phone with you. I'm from
[58:09.680 --> 58:13.040]  judge bucket. He said please be advised effective that
[58:13.040 --> 58:17.600]  immediately I'm refusing myself from all the above listed cases.
[58:23.920 --> 58:28.080]  Disqualification motion's already been filed and now he's
[58:28.080 --> 58:33.920]  you know. And now that disqualification becomes moot.
[58:33.920 --> 58:38.920]  You see any packing, now file criminal charges against him?
[58:38.920 --> 58:41.920]  I've already just said.
[58:41.920 --> 58:49.920]  And if this warrant stays issued, it's either going to be issued today or tomorrow, basically.
[58:49.920 --> 58:57.920]  The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it.
[58:57.920 --> 59:05.920]  Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the Scripture.
[59:05.920 --> 59:08.920]  Enter the recovery version.
[59:08.920 --> 59:17.920]  First, this new translation is extremely faithful and accurate, but the real story is the more than 9,000 explanatory footnotes.
[59:17.920 --> 59:26.920]  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.
[59:26.920 --> 59:32.920]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:32.920 --> 59:42.920]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[59:42.920 --> 59:49.920]  or by ordering online at freestudybible.com. That's freestudybible.com.
[59:49.920 --> 59:59.920]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:20.920 --> 01:00:34.920]  Markets for the 11th of April 2018 close with gold $1,353.22 an ounce, silver $16.68 an ounce, Texas crude $65.51 a barrel,
[01:00:34.920 --> 01:00:54.920]  Bitcoins at $6,902.19, Ethereum at $420.80, Bitcoin Cash at $652.90, and finally Litecoins at $114.34 a crypto coin.
[01:00:54.920 --> 01:01:07.920]  Today in History, the year 1968, President Lyndon M. Johnson signed the Civil Rights Act of 1968, which prohibited private businesses from discriminating based on race, color, religion, sex, or national origin.
[01:01:07.920 --> 01:01:17.920]  It also prohibited unequal application of voter registration requirements, racial segregation in public schools, in employment, and public accommodations for places of business.
[01:01:17.920 --> 01:01:31.920]  Today in History. In recent news, tensions in Syria seem to have reached new levels after a chemical attack on civilians in the city of Douma, which left 40 dead and many injured.
[01:01:31.920 --> 01:01:38.920]  An attack which is being blamed on the democratically elected president of Syria, Bashar al-Assad, by the United States and on Israel by Russia,
[01:01:38.920 --> 01:01:48.920]  either accusatory narrative without any verified evidence as of yet. President Trump tweeted today Wednesday that if, quote, Russia vows to shoot down any and all missiles fired at Syria,
[01:01:48.920 --> 01:01:57.920]  get ready, Russia, because they will be coming in nice and new and smart. Going on to warn Russia that you shouldn't be partners with a gas-killing animal who kills its people and enjoys it.
[01:01:57.920 --> 01:02:05.920]  Many in the West, including President Trump, have been quick to conclude that this chemical attack must have been conducted by Assad and his forces.
[01:02:05.920 --> 01:02:14.920]  Syria and Russia, on the other hand, have given approval since yesterday for the Organization for the Prohibition of Chemical Weapons to investigate the sign of the chemical slaughter.
[01:02:14.920 --> 01:02:26.920]  Assad has been successful in maintaining rule and support during Syria's seven-year civil war, a civil war that is being fought by the government of Syria and anti-Assad Syrian rebels that are openly being funded by Western governments,
[01:02:26.920 --> 01:02:31.920]  with ISIS being one of the more notorious splinter groups of the American-backed Syrian rebels.
[01:02:31.920 --> 01:02:41.920]  No surprise then why Russian Foreign Minister Spokeswoman Maria Zakhova posted on Facebook that smart missiles should be fired at terrorists and not at a legitimate government,
[01:02:41.920 --> 01:02:50.920]  which has been fighting terrorists. Or is this a trick to destroy all traces with a smart missile strike, and then there will be no evidence for international inspectors to look at?
[01:02:50.920 --> 01:03:02.920]  This was Brick Roadie with your lowdown for April 11, 2018.
[01:03:20.920 --> 01:03:32.920]  Okay, we are back. Randy Kelvin, Ruva Radio. And James, you sound like you're having way too much fun with these guys.
[01:03:32.920 --> 01:03:44.920]  Well, I am. You know, I've got the paralegal checking in Odyssey to see when the warrant gets issued, and I'm curious to see if it will now, since he recused himself.
[01:03:44.920 --> 01:03:52.920]  Yeah, they probably haven't pointed another judge yet, and it'll be interesting to see what the other judge does.
[01:03:52.920 --> 01:04:03.920]  You probably will have the attention of the next judge. Did you file criminally against this judge for not properly ruling on your motions?
[01:04:03.920 --> 01:04:05.920]  Did you file that yet?
[01:04:05.920 --> 01:04:17.920]  I filed all kinds of stuff, but yes, I have. There were several, you know, abusive official capacity, official oppression, malfeasance, multiple counts of those.
[01:04:17.920 --> 01:04:26.920]  Because he, remember, he denied me access to the court on my initial appearance for the purpose of filing motions into the records.
[01:04:26.920 --> 01:04:32.920]  So did you, have you filed judicial conduct complaints against him for those?
[01:04:32.920 --> 01:04:36.920]  Three of them. Three of them are ready.
[01:04:36.920 --> 01:04:41.920]  Have you filed any bar grievances against him?
[01:04:41.920 --> 01:04:44.920]  He's a JP. He was a game warden for two years.
[01:04:44.920 --> 01:04:47.920]  Oh, okay. He's the JP, okay.
[01:04:47.920 --> 01:04:52.920]  So he doesn't have a clue what he's doing.
[01:04:52.920 --> 01:05:02.920]  But you know, every JP in Texas will find out what you're doing to this one.
[01:05:02.920 --> 01:05:04.920]  Well, good, but...
[01:05:04.920 --> 01:05:07.920]  That's what makes this so powerful.
[01:05:07.920 --> 01:05:17.920]  You know, I've been studying this stuff for about two and a half years, not quite two and a half years.
[01:05:17.920 --> 01:05:23.920]  He got elected. He wanted this job.
[01:05:23.920 --> 01:05:27.920]  How is it that I know it better than he does?
[01:05:27.920 --> 01:05:29.920]  That is a good question.
[01:05:29.920 --> 01:05:38.920]  Well, my son-in-law just got elected as JP, and he don't know squat.
[01:05:38.920 --> 01:05:49.920]  I don't understand it, but anyway, yeah, I was, you know, I had contacted Eddie through his town law website, Facebook page,
[01:05:49.920 --> 01:05:55.920]  and told him I was just thinking about turning myself in on the warrant once I knew it was issued.
[01:05:55.920 --> 01:06:00.920]  But he said, if you do that, you lose our false imprisonment.
[01:06:00.920 --> 01:06:03.920]  No, you don't.
[01:06:03.920 --> 01:06:05.920]  That's what he's...
[01:06:05.920 --> 01:06:09.920]  A horse manure?
[01:06:09.920 --> 01:06:13.920]  I don't know where you got that from.
[01:06:13.920 --> 01:06:18.920]  I don't either, but I mean, I don't have registration stickers on any of my three automobiles,
[01:06:18.920 --> 01:06:23.920]  so I figured if nothing else, I'd just go park right in front of a cop.
[01:06:23.920 --> 01:06:32.920]  Well, okay, that would screw it up because then he could arrest you for the no registration.
[01:06:32.920 --> 01:06:37.920]  Yep, which is a non-arrestable offense anyway.
[01:06:37.920 --> 01:06:45.920]  Which probably the best way to handle it is go down to the court and ask them if you have a warrant.
[01:06:45.920 --> 01:06:49.920]  And if they say, yeah, well, what are you going to do with that warrant?
[01:06:49.920 --> 01:06:54.920]  And we have a lot of people who are, instead of taking before a magistrate, they just arrest you.
[01:06:54.920 --> 01:06:56.920]  Take his jail first, so they may do that.
[01:06:56.920 --> 01:07:05.920]  Well, and the constable there doesn't like me anyway because the judge and I kind of got into a heated argument on my initial appearance on the first ticket.
[01:07:05.920 --> 01:07:16.920]  And the judge got so hotheaded, the constable came out of his office and stood leaning against the counter with his arms folded with his gun there just glaring at me.
[01:07:16.920 --> 01:07:26.920]  I just looked at him and smiled, you know, and I turned him back to the judge, but I can tell he does not care for me.
[01:07:26.920 --> 01:07:30.920]  He must be pretty good friends with the judge.
[01:07:30.920 --> 01:07:36.920]  Well, maybe you can get him to arrest you.
[01:07:36.920 --> 01:07:38.920]  That might be a good idea.
[01:07:38.920 --> 01:07:46.920]  The constable, did that judge that I got tossed out of here, did he file out a, swear out a warrant for my arrest?
[01:07:46.920 --> 01:07:54.920]  And if he's this guy's upset at you, he will take the bite bait and try to let you know how to cow ate the cabbage.
[01:07:54.920 --> 01:07:56.920]  Maybe.
[01:07:56.920 --> 01:08:02.920]  But they might already be figuring it out.
[01:08:02.920 --> 01:08:08.920]  Yeah, I'm kind of actually disappointed at getting this recusal letter today.
[01:08:08.920 --> 01:08:14.920]  I was looking forward to going to disqualification hearing.
[01:08:14.920 --> 01:08:18.920]  Maybe next time.
[01:08:18.920 --> 01:08:22.920]  Okay, do you have anything else for us?
[01:08:22.920 --> 01:08:23.920]  Not tonight, sir.
[01:08:23.920 --> 01:08:26.920]  I will let you know how this progresses.
[01:08:26.920 --> 01:08:31.920]  Okay, keep up the good work and try not to have too much fun in the process.
[01:08:31.920 --> 01:08:37.920]  If you've already filed complaints, you need to follow through on them and run them up to flagpole.
[01:08:37.920 --> 01:08:42.920]  I'm going to check the meeting minutes from the next time the grand jury meet.
[01:08:42.920 --> 01:08:50.920]  And if it hadn't been presented, I'm going to complain against the county district, county, assistant county attorney and the county attorney.
[01:08:50.920 --> 01:08:52.920]  Oh, perfect.
[01:08:52.920 --> 01:09:02.920]  So I've already got the paralegal friend of mine is going to let me know next time the grand jury meets and I'll check the, check the minute.
[01:09:02.920 --> 01:09:03.920]  Wonderful.
[01:09:03.920 --> 01:09:04.920]  Okay.
[01:09:04.920 --> 01:09:06.920]  And then I'll just go for the grand jury myself.
[01:09:06.920 --> 01:09:07.920]  So.
[01:09:07.920 --> 01:09:09.920]  Keep up the good work, James.
[01:09:09.920 --> 01:09:11.920]  Okay, thank you, James.
[01:09:11.920 --> 01:09:21.920]  Now we're going to go to Tim in Texas and I have no idea what Tim is going to talk about today.
[01:09:21.920 --> 01:09:25.920]  I was just going to tell you, James sounds like he's really got it together.
[01:09:25.920 --> 01:09:26.920]  Oh, he does.
[01:09:26.920 --> 01:09:32.920]  He is, his mindset is dead on.
[01:09:32.920 --> 01:09:33.920]  Yeah.
[01:09:33.920 --> 01:09:38.920]  Never ask a public official to do anything you actually want them to do.
[01:09:38.920 --> 01:09:39.920]  Yeah.
[01:09:39.920 --> 01:09:41.920]  He's got that part down.
[01:09:41.920 --> 01:09:44.920]  Right.
[01:09:44.920 --> 01:09:48.920]  Well, I wish I had it together like that.
[01:09:48.920 --> 01:09:50.920]  Maybe I'll get there.
[01:09:50.920 --> 01:09:53.920]  I've been on my heels for the past year and a half.
[01:09:53.920 --> 01:09:56.920]  Tim, do you believe in reincarnation?
[01:09:56.920 --> 01:09:57.920]  Okay.
[01:09:57.920 --> 01:10:03.920]  No, I do not.
[01:10:03.920 --> 01:10:06.920]  Maybe in another life.
[01:10:06.920 --> 01:10:09.920]  No, you're getting there.
[01:10:09.920 --> 01:10:14.920]  Your arguments and your issues, you get more sophisticated.
[01:10:14.920 --> 01:10:21.920]  It's just, it's a learning curve. I first met James a couple of years ago when they were coming after his wife.
[01:10:21.920 --> 01:10:28.920]  And I went down and jerked around the county, got them all jumping up and down.
[01:10:28.920 --> 01:10:36.920]  And then he kind of fell out of sight for a couple of years, but apparently he's been doing, doing his homework.
[01:10:36.920 --> 01:10:42.920]  It takes, it takes a while to get all the pieces in place.
[01:10:42.920 --> 01:10:54.920]  What I was going to ask is, it seems, now, you know, for the past couple of weeks I have been asking on Facebook pages that have to do with law.
[01:10:54.920 --> 01:11:02.920]  And I've been putting the question out as clear as I possibly can and no one, no one is answering it.
[01:11:02.920 --> 01:11:18.920]  And the question is, can they bypass, can the city attorneys bypass municipal court to sue you and district court on a criminal offense?
[01:11:18.920 --> 01:11:32.920]  It looks that way in, it's unclear. We're looking in the Texas local government code chapter 54.
[01:11:32.920 --> 01:11:54.920]  And it authorizes a municipality, and this is a type A municipality, it authorizes the municipality to assess a fee or a penalty by a two-thirds vote of the governing board.
[01:11:54.920 --> 01:12:05.920]  Okay, I have a question about that. It says remit, and to me, remit means to take away.
[01:12:05.920 --> 01:12:21.920]  No, remit means to give two. Let me look up remit. Have you looked up remit?
[01:12:21.920 --> 01:12:39.920]  Well, you know, remit, cancel or refrain from exacting or inflicting a debt or punishment to send money in payment or as a gift.
[01:12:39.920 --> 01:12:56.920]  That does raise a question. As a noun, the task or area of activity officially assigned to an individual organization and item referred to someone for consideration.
[01:12:56.920 --> 01:13:00.920]  Okay, remit, that's not clear.
[01:13:00.920 --> 01:13:09.920]  Yeah, remit says release from guilt or penalty, refrain from exacting.
[01:13:09.920 --> 01:13:12.920]  Yeah, so that's when we put in the document.
[01:13:12.920 --> 01:13:18.920]  Good catch. Good catch.
[01:13:18.920 --> 01:13:24.920]  I keep telling people don't use words in legal documents unless you can define them.
[01:13:24.920 --> 01:13:30.920]  A lot of times we look at a word and we think we know what it means, but in law, you need to look them up.
[01:13:30.920 --> 01:13:39.920]  Well, it doesn't say assess. That's what I'm saying. It says remit, the one that you're referring to in the general law city.
[01:13:39.920 --> 01:13:47.920]  And so I didn't know if that was a legitimate argument that they're going to listen to.
[01:13:47.920 --> 01:13:55.920]  That is a really good issue to bring. The fines were remitted.
[01:13:55.920 --> 01:14:00.920]  And in the context of the statute, it doesn't make any sense.
[01:14:00.920 --> 01:14:16.920]  It doesn't. It doesn't. It makes no sense. In fact, type B general law cities would seem like they have a more clear path to justice than the type A.
[01:14:16.920 --> 01:14:29.920]  I'm bringing up remission of fine by a type A general law municipality.
[01:14:29.920 --> 01:14:48.920]  Okay, that. The two thirds vote as a member's present governing body of a type A general law municipality may remit a fine or penalty or part of a fine or penalty imposed or incurred under law or under an ordinance or resolution adopted in accordance with law.
[01:14:48.920 --> 01:14:58.920]  I misread that statute because I did not. I misconstrued what remit actually means.
[01:14:58.920 --> 01:15:01.920]  So we have to correct that, huh?
[01:15:01.920 --> 01:15:11.920]  Okay, if you already have a fine or penalty against you, then they can remit the fine or penalty.
[01:15:11.920 --> 01:15:19.920]  Well, that was the thing that the mayor told me that once it's out of court, it's out of his hands.
[01:15:19.920 --> 01:15:33.920]  And when I read that it said, no, it's not. The city council could see that this is a bunch of hogwash get together because they're the governing body and they could remit the fine against me by two thirds vote.
[01:15:33.920 --> 01:15:49.920]  Oh, this is a problem for me because the document we just filed with the Court of Appeals is based on a misreading of the statute.
[01:15:49.920 --> 01:15:53.920]  Well, they're going to think we're idiots.
[01:15:53.920 --> 01:16:00.920]  Well, we've got till tomorrow at 5 p.m. What should we correct?
[01:16:00.920 --> 01:16:04.920]  I'll have to think about that. Now I've got a headache.
[01:16:04.920 --> 01:16:11.920]  Well, and then I can go, I can file it in person as long as I have it by 5 p.m.
[01:16:11.920 --> 01:16:17.920]  Yeah, we can file it by email by 5 p.m. easy enough.
[01:16:17.920 --> 01:16:20.920]  I'll have to correct that.
[01:16:20.920 --> 01:16:23.920]  Yeah. But anyway, the...
[01:16:23.920 --> 01:16:27.920]  Okay, I'll just refile it and take that argument out of it.
[01:16:27.920 --> 01:16:34.920]  Just leave that. The real argument in there is that the ruling was improperly made.
[01:16:34.920 --> 01:16:36.920]  Okay.
[01:16:36.920 --> 01:16:45.920]  And that the Court had known that the Court of Appeals misread the facts of the case.
[01:16:45.920 --> 01:16:50.920]  They mixed up the trial court.
[01:16:50.920 --> 01:16:57.920]  They mixed up the trial court.
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[01:19:58.920 --> 01:20:00.920]  Okay, we are back.
[01:20:00.920 --> 01:20:03.920]  Randy Kelkin, Deborah Stevens of RealVal Radio.
[01:20:03.920 --> 01:20:07.920]  We're talking to Tim in Texas, and I ran off the cliff again.
[01:20:07.920 --> 01:20:11.920]  So, we do have time to refile that motion.
[01:20:11.920 --> 01:20:18.920]  I'll take out that argument where I totally misconstrued because I assumed I knew what a word meant,
[01:20:18.920 --> 01:20:21.920]  and it turns out I did not.
[01:20:21.920 --> 01:20:25.920]  And Tim caught me on it.
[01:20:25.920 --> 01:20:27.920]  Feel better now?
[01:20:27.920 --> 01:20:31.920]  You're coming up to speed.
[01:20:31.920 --> 01:20:33.920]  Oh, no, you're not muted.
[01:20:33.920 --> 01:20:37.920]  Are you there, Tim?
[01:20:37.920 --> 01:20:41.920]  Okay, Tim must have fallen asleep on the break.
[01:20:41.920 --> 01:20:43.920]  No, I'm here.
[01:20:43.920 --> 01:20:44.920]  Oh, there you are.
[01:20:44.920 --> 01:20:48.920]  Yeah, I've been here the whole time.
[01:20:48.920 --> 01:20:50.920]  I could hear you.
[01:20:50.920 --> 01:20:51.920]  Oh, okay.
[01:20:51.920 --> 01:20:55.920]  Well, I wasn't trying to correct you.
[01:20:55.920 --> 01:20:56.920]  No, no, that's okay.
[01:20:56.920 --> 01:20:59.920]  Look, I like being corrected.
[01:20:59.920 --> 01:21:00.920]  Okay.
[01:21:00.920 --> 01:21:03.920]  I don't need to be right.
[01:21:03.920 --> 01:21:05.920]  I make mistakes.
[01:21:05.920 --> 01:21:08.920]  And I think that's important to understand.
[01:21:08.920 --> 01:21:13.920]  It makes me uncomfortable when people think I'm some kind of a guru.
[01:21:13.920 --> 01:21:15.920]  I'm no such thing.
[01:21:15.920 --> 01:21:22.920]  I just happen to do this show and talk about pretty much the same things over and over
[01:21:22.920 --> 01:21:25.920]  and over for the last 10 years.
[01:21:25.920 --> 01:21:30.920]  After a while, you get some of these things down pretty good, some of these codes and such.
[01:21:30.920 --> 01:21:36.920]  So people hear me spitting out these codes and they think I know the whole penal code.
[01:21:36.920 --> 01:21:38.920]  I had somebody accuse me that the other day.
[01:21:38.920 --> 01:21:41.920]  I said, no, I only know about a half a dozen of them.
[01:21:41.920 --> 01:21:46.920]  Only the ones that keep coming up over and over.
[01:21:46.920 --> 01:21:50.920]  I had somebody ask me a question about foreclosure the other day and I knew the answer,
[01:21:50.920 --> 01:21:53.920]  but I couldn't pull it out because I hadn't talked about it for a long time.
[01:21:53.920 --> 01:21:56.920]  I'm sorry, not in a closure or a debt collection.
[01:21:56.920 --> 01:22:01.920]  And I just couldn't pull it out because I hadn't went over it recently.
[01:22:01.920 --> 01:22:03.920]  So I'm not a guru.
[01:22:03.920 --> 01:22:12.920]  I just, some things I do regularly, there's not anything I do that anybody else couldn't do.
[01:22:12.920 --> 01:22:19.920]  So it makes me uncomfortable if people think I know too much because I don't.
[01:22:19.920 --> 01:22:24.920]  Well, it appears that the basis of the document is like what you say,
[01:22:24.920 --> 01:22:34.920]  is that they misconstrued what the intent was of us filing the mandamus was that the municipal court,
[01:22:34.920 --> 01:22:41.920]  since it did not ever rule on the basis of what they took us to district court for,
[01:22:41.920 --> 01:22:47.920]  then how is it that district court can fine us 10 times the amount?
[01:22:47.920 --> 01:22:48.920]  And here's another thing.
[01:22:48.920 --> 01:22:50.920]  I don't know if you are aware...
[01:22:50.920 --> 01:22:54.920]  Oh, no, no, you're missing the argument here.
[01:22:54.920 --> 01:23:02.920]  What the argument is, is that we filed a subject matter jurisdiction challenge
[01:23:02.920 --> 01:23:07.920]  in the original municipal trial court.
[01:23:07.920 --> 01:23:14.920]  The prosecution did not demure, they did not file a opposition,
[01:23:14.920 --> 01:23:17.920]  they did not challenge the claims in an active pleading,
[01:23:17.920 --> 01:23:23.920]  and therefore they provided formal judicial admission.
[01:23:23.920 --> 01:23:28.920]  So we asked for summary judgment and had a right to summary judgment,
[01:23:28.920 --> 01:23:33.920]  and the trial court did not render that summary judgment.
[01:23:33.920 --> 01:23:39.920]  But since the prosecution did not respond to the challenge subject matter jurisdiction,
[01:23:39.920 --> 01:23:42.920]  they admitted to all of our claims,
[01:23:42.920 --> 01:23:47.920]  and the trial court was without subject matter jurisdiction.
[01:23:47.920 --> 01:23:58.920]  So the municipal court could not then come to the district court with a claim
[01:23:58.920 --> 01:24:04.920]  because it lacked subject matter jurisdiction from the trial court.
[01:24:04.920 --> 01:24:11.920]  They couldn't come from the trial court and claim and invoke jurisdiction because they had none.
[01:24:11.920 --> 01:24:15.920]  And what we're saying is it doesn't matter.
[01:24:15.920 --> 01:24:25.920]  Their original petition did not ask for this $80,000 penalty.
[01:24:25.920 --> 01:24:30.920]  Their original petition asked to collect the $8,000.
[01:24:30.920 --> 01:24:35.920]  That petition was insufficient to invoke subject matter jurisdiction to court.
[01:24:35.920 --> 01:24:38.920]  They can't take a court that doesn't have jurisdiction,
[01:24:38.920 --> 01:24:46.920]  and then ask it to do something for which it could have had original jurisdiction
[01:24:46.920 --> 01:24:53.920]  if that was the original pleading, but it wasn't that original pleading.
[01:24:53.920 --> 01:24:57.920]  It was a pleading filed in a court that lacked subject matter jurisdiction,
[01:24:57.920 --> 01:25:01.920]  which saw it being ruled by the Court of Appeals.
[01:25:01.920 --> 01:25:09.920]  So what we're going to bring up to you is that there was a vehicle, this is the vehicle that took warning $80,000 for,
[01:25:09.920 --> 01:25:15.920]  and it's this black GMC has Alabama license plate, antique license plate,
[01:25:15.920 --> 01:25:22.920]  and when we got first served with this April the 4th of last year on April the 5th,
[01:25:22.920 --> 01:25:25.920]  the owner went up with his insurance card,
[01:25:25.920 --> 01:25:30.920]  and the title to the Code Enforcement Officer showed it to him,
[01:25:30.920 --> 01:25:36.920]  and he told him this is permanently antique license in Alabama,
[01:25:36.920 --> 01:25:39.920]  because that's where my dad, my late father was from.
[01:25:39.920 --> 01:25:43.920]  This was his pride and joy, and I'm having Tim restore it.
[01:25:43.920 --> 01:25:49.920]  And so it was licensed, and it was insured, so it was not junk,
[01:25:49.920 --> 01:25:56.920]  but yet they charged us for 80 days of it being there $1,000 a day.
[01:25:56.920 --> 01:26:02.920]  So this Code Enforcement Officer told him, okay, I will take it off of the pleading.
[01:26:02.920 --> 01:26:07.920]  And then he turned around and filed a complaint a month later,
[01:26:07.920 --> 01:26:11.920]  which, yeah, because it was April the 5th is when James talked to him,
[01:26:11.920 --> 01:26:17.920]  and then on May the 5th he signed, and he swore to a complaint against it.
[01:26:17.920 --> 01:26:24.920]  And James changed and did a affidavit stating all of that and had it notarized.
[01:26:24.920 --> 01:26:26.920]  And I've gotten my file.
[01:26:26.920 --> 01:26:32.920]  We need to file that as a criminal complaint with the grand jury, along with these others.
[01:26:32.920 --> 01:26:33.920]  Yes.
[01:26:33.920 --> 01:26:41.920]  And that we will get to because the prosecution was thrown out,
[01:26:41.920 --> 01:26:49.920]  so the municipal court will have to come back and try to retry the case.
[01:26:49.920 --> 01:26:54.920]  They did, they brought the 85...
[01:26:54.920 --> 01:26:55.920]  No, that's a separate issue.
[01:26:55.920 --> 01:26:59.920]  They filed another complaint, but that was a separate complaint.
[01:26:59.920 --> 01:27:03.920]  These original eight, they will have to come back and try to re-prosecute.
[01:27:03.920 --> 01:27:11.920]  Yeah, but it was based on the original, because that was one of the original eight, the 85-4.
[01:27:11.920 --> 01:27:14.920]  But the original eight were thrown out.
[01:27:14.920 --> 01:27:20.920]  So they will have to re-adjudicate the original eight if they want to pursue.
[01:27:20.920 --> 01:27:25.920]  And then you can, this time you won't do a song and dance.
[01:27:25.920 --> 01:27:29.920]  There won't be an administrative penalty, administrative hearing.
[01:27:29.920 --> 01:27:34.920]  There'll be a hearing before this judge, and this judge will move to recuse.
[01:27:34.920 --> 01:27:41.920]  We'll file a criminal against him and probably sue him and the prosecutor.
[01:27:41.920 --> 01:27:42.920]  Yeah.
[01:27:42.920 --> 01:27:47.920]  Criminal conspiracy does not fall within scope.
[01:27:47.920 --> 01:27:50.920]  And then we'll see how this works the second time around.
[01:27:50.920 --> 01:27:52.920]  We should be able to get all of this thrown out.
[01:27:52.920 --> 01:27:59.920]  It's obvious that they were conspiring because of the reported conversations that we have.
[01:27:59.920 --> 01:28:00.920]  Yeah.
[01:28:00.920 --> 01:28:01.920]  Then with the judge.
[01:28:01.920 --> 01:28:11.920]  Okay, but the issue before the Court of Appeals now is that they filed this request
[01:28:11.920 --> 01:28:17.920]  for adjudication of a penalty, which the judge would have had jurisdiction over.
[01:28:17.920 --> 01:28:21.920]  Had that been filed as an original pleading?
[01:28:21.920 --> 01:28:22.920]  Right.
[01:28:22.920 --> 01:28:27.920]  That's a clear statement in the code, local government code 54.
[01:28:27.920 --> 01:28:32.920]  It's clear and concise that it says the district court does have subject matter jurisdiction.
[01:28:32.920 --> 01:28:33.920]  But not...
[01:28:33.920 --> 01:28:39.920]  Whether it has jurisdiction or not, this was filed not as an original petition,
[01:28:39.920 --> 01:28:42.920]  but in a court that did not have jurisdiction.
[01:28:42.920 --> 01:28:46.920]  I think I just ran out of off the cliff again.
[01:28:46.920 --> 01:28:48.920]  No, you're there.
[01:28:48.920 --> 01:28:49.920]  Yeah.
[01:28:49.920 --> 01:28:50.920]  Oh, I didn't read.
[01:28:50.920 --> 01:28:53.920]  My page is not resetting itself.
[01:28:53.920 --> 01:28:54.920]  Okay.
[01:28:54.920 --> 01:28:57.920]  I got a whole minute before I run off the cliff again.
[01:28:57.920 --> 01:28:58.920]  Okay.
[01:28:58.920 --> 01:29:00.920]  This time I didn't run off the cliff.
[01:29:00.920 --> 01:29:01.920]  Okay.
[01:29:01.920 --> 01:29:02.920]  Kind of got that sorted out.
[01:29:02.920 --> 01:29:07.920]  And that argument is in the motion for reconsideration.
[01:29:07.920 --> 01:29:15.920]  And I think they made that mistake because of a confusion on the use of the term trial court.
[01:29:15.920 --> 01:29:16.920]  Right.
[01:29:16.920 --> 01:29:17.920]  Okay.
[01:29:17.920 --> 01:29:19.920]  The last question I have for you.
[01:29:19.920 --> 01:29:20.920]  Will they...
[01:29:20.920 --> 01:29:21.920]  Okay.
[01:29:21.920 --> 01:29:22.920]  Hold on.
[01:29:22.920 --> 01:29:23.920]  Ask that question.
[01:29:23.920 --> 01:29:24.920]  We'll get back on the other side.
[01:29:24.920 --> 01:29:28.920]  This is Randy Calton, David Stevens, who uses our radio.
[01:29:28.920 --> 01:29:31.920]  I call in number 512-646-1984.
[01:29:31.920 --> 01:29:35.920]  We've got two more segments and the call boards are open.
[01:29:35.920 --> 01:29:38.920]  So if you have a question or comment, give us a call.
[01:29:38.920 --> 01:30:06.920]  We'll be right back.
[01:30:06.920 --> 01:30:13.920]  We'll be right back.
[01:30:36.920 --> 01:30:43.920]  We'll be right back.
[01:31:06.920 --> 01:31:35.920]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:35.920 --> 01:31:38.920]  The government says that fire brought it down.
[01:31:38.920 --> 01:31:43.920]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.920 --> 01:31:46.920]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.920 --> 01:31:48.920]  And thousands of my fellow force respond.
[01:31:48.920 --> 01:31:49.920]  Is it dying?
[01:31:49.920 --> 01:31:50.920]  I'm not a conspiracy theorist.
[01:31:50.920 --> 01:31:51.920]  I'm a structural engineer.
[01:31:51.920 --> 01:31:52.920]  I'm a New York City correctional officer.
[01:31:52.920 --> 01:31:53.920]  I'm an Air Force pilot.
[01:31:53.920 --> 01:31:55.920]  I'm a father who lost his son.
[01:31:55.920 --> 01:31:58.920]  We're Americans and we deserve the truth.
[01:31:58.920 --> 01:32:27.920]  Go to RememberBuilding7.org today.
[01:32:28.920 --> 01:32:50.920]  We'll be right back.
[01:32:50.920 --> 01:32:57.920]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:57.920 --> 01:32:59.920]  Discounts are based on full roof replacement.
[01:32:59.920 --> 01:33:02.920]  I mean, I actually be kidding about chemtrails.
[01:33:02.920 --> 01:33:29.920]  You are listening to the Logos Radio Network, LogosRadionetwork.com.
[01:33:29.920 --> 01:33:57.920]  Okay, we are back.
[01:33:57.920 --> 01:33:59.920]  We're in Kelton, Denver, Stevens.
[01:33:59.920 --> 01:34:04.920]  We live on our radio and we're talking to Tim in Texas.
[01:34:04.920 --> 01:34:06.920]  Okay, Tim.
[01:34:06.920 --> 01:34:07.920]  Yes, sir.
[01:34:07.920 --> 01:34:08.920]  Okay.
[01:34:08.920 --> 01:34:16.920]  The final question is when get this thing filed within the deadline, refiling it, I guess.
[01:34:16.920 --> 01:34:26.920]  They have, Laura asked the court clerk down there and they said that the city has a certain amount of time.
[01:34:26.920 --> 01:34:33.920]  They can respond to what we file.
[01:34:33.920 --> 01:34:45.920]  But what I was wondering is if the appeals court has to take it back, they put another stay on this upcoming hearing because they lifted the stay.
[01:34:45.920 --> 01:34:50.920]  Yeah, they lifted the stay but since we filed this, they're likely to reset it.
[01:34:50.920 --> 01:34:52.920]  Okay, that's what I was wondering.
[01:34:52.920 --> 01:35:00.920]  And I will put in a request that they reset the stay when we file an amended pleading.
[01:35:00.920 --> 01:35:01.920]  That would be nice.
[01:35:01.920 --> 01:35:06.920]  That way maybe my wife and I can go on a little vacation.
[01:35:06.920 --> 01:35:07.920]  I know.
[01:35:07.920 --> 01:35:08.920]  Good.
[01:35:08.920 --> 01:35:11.920]  We'll just go see my grand kid is all.
[01:35:11.920 --> 01:35:12.920]  Okay.
[01:35:12.920 --> 01:35:13.920]  Okay.
[01:35:13.920 --> 01:35:15.920]  Is that all you have, Tim?
[01:35:15.920 --> 01:35:16.920]  That's it.
[01:35:16.920 --> 01:35:17.920]  Okay.
[01:35:17.920 --> 01:35:18.920]  Thank you, Tim.
[01:35:18.920 --> 01:35:21.920]  Now we're going to go to Scott in Texas.
[01:35:21.920 --> 01:35:22.920]  Hello, Scott.
[01:35:22.920 --> 01:35:25.920]  Hello, this is Scott in Michigan.
[01:35:25.920 --> 01:35:26.920]  How are you doing?
[01:35:26.920 --> 01:35:27.920]  Oh, Scott in Michigan.
[01:35:27.920 --> 01:35:28.920]  I'm sorry.
[01:35:28.920 --> 01:35:29.920]  I thought you were Scott in Texas.
[01:35:29.920 --> 01:35:32.920]  I didn't mean to insult you by thinking you were him.
[01:35:32.920 --> 01:35:36.920]  I know there's another famous Scott who comes to Texas.
[01:35:36.920 --> 01:35:37.920]  Okay.
[01:35:37.920 --> 01:35:39.920]  What do you have for us today?
[01:35:39.920 --> 01:35:48.920]  Well, I was listening through some of the archives and once upon a time you promised to tell your favorite truck driver joke and you never told it.
[01:35:48.920 --> 01:35:51.920]  Oh, that one.
[01:35:51.920 --> 01:35:53.920]  Are you a truck driver?
[01:35:53.920 --> 01:35:54.920]  No.
[01:35:54.920 --> 01:35:57.920]  Oh, it won't be as much fun if you're not a truck driver.
[01:35:57.920 --> 01:36:00.920]  I never missed opportunity to tell it to a truck driver.
[01:36:00.920 --> 01:36:04.920]  Did you hear the one about the college professor?
[01:36:04.920 --> 01:36:07.920]  What was going to marry the Pollock?
[01:36:07.920 --> 01:36:08.920]  No.
[01:36:08.920 --> 01:36:12.920]  Well, he felt bad because he was much smarter than she was.
[01:36:12.920 --> 01:36:16.920]  So he went to a neurosurgeon to see if he could have half his brain taken out.
[01:36:16.920 --> 01:36:18.920]  And the surgeon told him, sure, we can handle that.
[01:36:18.920 --> 01:36:19.920]  And he operated on him.
[01:36:19.920 --> 01:36:25.920]  He woke up in the recovery room and the surgeon come to him and said, look, I'm sorry.
[01:36:25.920 --> 01:36:33.920]  It seems I had a hangover and I accidentally took out three quarters of your brain.
[01:36:33.920 --> 01:36:42.920]  And that college professor looked him right now and said, Tim, four good buddies.
[01:36:42.920 --> 01:36:48.920]  They never seem to think that's quite as funny as I do.
[01:36:48.920 --> 01:36:54.920]  And then there's one, how is a truck driver different than a puppy dog?
[01:36:54.920 --> 01:36:56.920]  I don't know.
[01:36:56.920 --> 01:37:02.920]  A puppy dog will quit whining after about six weeks.
[01:37:02.920 --> 01:37:07.920]  OK, I used to be in a business where I had an industrial cleaning business, not worse trucks.
[01:37:07.920 --> 01:37:10.920]  So I dealt with a lot of truck drivers.
[01:37:10.920 --> 01:37:12.920]  And they just never found that as funny as I did.
[01:37:12.920 --> 01:37:20.920]  I had one of Hager Slacks after I told that to him, got in his truck and ran down my filler hose, 300 feet of it,
[01:37:20.920 --> 01:37:29.920]  and every 50-foot smashed one of my fittings, beating his horn the whole time.
[01:37:29.920 --> 01:37:33.920]  OK, what do you have for us today, Scott?
[01:37:33.920 --> 01:37:41.920]  Well, I thought the prosecutor in Lansing was going to leave me alone, but he has sent me some more stuff in the mail
[01:37:41.920 --> 01:37:43.920]  wanting me to come in for a formal hearing.
[01:37:43.920 --> 01:37:47.920]  So kind of means I'm going to want to throw the full work at him.
[01:37:47.920 --> 01:37:51.920]  OK, bring us back up to speed on what the issue is.
[01:37:51.920 --> 01:37:53.920]  Well, it was simple stuff.
[01:37:53.920 --> 01:37:54.920]  It was traffic stuff.
[01:37:54.920 --> 01:37:57.920]  I mean, it was, you know, crooked license plate, no proof of insurance.
[01:37:57.920 --> 01:38:03.920]  You know, the basic thing they pull you over for in the dark, you know?
[01:38:03.920 --> 01:38:07.920]  So I have a mind to bar grieve the prosecutor.
[01:38:07.920 --> 01:38:12.920]  I asked the prosecutor if he had a foreign complaint that he said he wasn't sure,
[01:38:12.920 --> 01:38:23.920]  but that he was proceeding anyways, and I feel like that was his biggest misstep in terms of professional mistakes.
[01:38:23.920 --> 01:38:30.920]  So it's probably a good strategy to bar grieve him in every opportunity.
[01:38:30.920 --> 01:38:36.920]  These guys are going to use all of the tools they can to put pressure on you.
[01:38:36.920 --> 01:38:42.920]  So it's turned about to fair play.
[01:38:42.920 --> 01:38:43.920]  Yes.
[01:38:43.920 --> 01:38:44.920]  They get to him.
[01:38:44.920 --> 01:38:45.920]  You bar grieve him.
[01:38:45.920 --> 01:38:48.920]  He's going to get apoplexy.
[01:38:48.920 --> 01:38:56.920]  Because if this is a municipal court, he's almost certainly a practicing lawyer.
[01:38:56.920 --> 01:38:57.920]  Right.
[01:38:57.920 --> 01:39:01.920]  And that's going to sting him big time.
[01:39:01.920 --> 01:39:02.920]  Right.
[01:39:02.920 --> 01:39:06.920]  Then the next time he talks to you, you bar grieve him again.
[01:39:06.920 --> 01:39:14.920]  If you look at the American Bar Association standards, model standards, there are two standards here.
[01:39:14.920 --> 01:39:24.920]  The American Bar Association model standards and the American Bar Association standards for the prosecutorial function.
[01:39:24.920 --> 01:39:28.920]  There are so many things you can hammer him for.
[01:39:28.920 --> 01:39:30.920]  He won't believe it.
[01:39:30.920 --> 01:39:32.920]  Yeah, I can't wait.
[01:39:32.920 --> 01:39:37.920]  Then you start strategically stinging him.
[01:39:37.920 --> 01:39:48.920]  A good chance he'll want this to go away or what will happen is you'll all of a sudden have a new prosecutor.
[01:39:48.920 --> 01:39:49.920]  Right.
[01:39:49.920 --> 01:39:57.920]  I get this all the time because the prosecutor says, you know, I'm not just down here grubbing for a few extra dollars.
[01:39:57.920 --> 01:40:01.920]  This guy just got my malpractice insurance canceled.
[01:40:01.920 --> 01:40:05.920]  I'm out of here.
[01:40:05.920 --> 01:40:08.920]  It would take two times to do that.
[01:40:08.920 --> 01:40:09.920]  Depend.
[01:40:09.920 --> 01:40:10.920]  Yeah, generally.
[01:40:10.920 --> 01:40:11.920]  Yeah.
[01:40:11.920 --> 01:40:21.920]  One first year practice to anyone year of practice, three that cancel his law firms about practice insurance.
[01:40:21.920 --> 01:40:27.920]  So if he's under his law firm, it would take three.
[01:40:27.920 --> 01:40:32.920]  We had one guy that was in a bankruptcy court.
[01:40:32.920 --> 01:40:37.920]  And halfway through, they switched lawyers.
[01:40:37.920 --> 01:40:49.920]  And at the end of the bankruptcy, the first lawyer came in and complained to the court that Mr. Morris filed three bar grievances against me.
[01:40:49.920 --> 01:40:55.920]  And the next year, our law firm almost couldn't get malpractice insurance.
[01:40:55.920 --> 01:41:00.920]  And I said, Morris, did you bar grieve him for that?
[01:41:00.920 --> 01:41:04.920]  I'm not supposed to mention it.
[01:41:04.920 --> 01:41:13.920]  So bar grieve, excuse me, bar grievances are very powerful, but they're not going to tell you how powerful they are.
[01:41:13.920 --> 01:41:17.920]  They're going to pretend like nothing happened for the most part.
[01:41:17.920 --> 01:41:28.920]  If the lawyer has any smarts at all, he's going to keep his mouth shut because he's not going to want you to know how bad you stung him.
[01:41:28.920 --> 01:41:30.920]  And I said, go on in this process.
[01:41:30.920 --> 01:41:37.920]  Ken Magnuson told me about he had a lawyer in Denton County, Texas.
[01:41:37.920 --> 01:41:39.920]  This is a number of years ago.
[01:41:39.920 --> 01:41:43.920]  And the lawyer was such a scoundrel that he bar grieved him.
[01:41:43.920 --> 01:41:49.920]  But he complained that it didn't have any effect because he didn't get anything back from the bar.
[01:41:49.920 --> 01:41:52.920]  The lawyer never said a word about it.
[01:41:52.920 --> 01:41:54.920]  Nothing happened.
[01:41:54.920 --> 01:42:07.920]  So Ken was acting as an election judge, and it turned out he was an election judge at the same polling place as this guy who was ahead of a law firm.
[01:42:07.920 --> 01:42:15.920]  And it was the same law firm this lawyer was trying to get on with.
[01:42:15.920 --> 01:42:24.920]  And he figured out who the lawyer was and told him about this guy and that he bar grieved him, but it didn't have any effect.
[01:42:24.920 --> 01:42:38.920]  He said the owner of the head of this law firm leaned across the table and said, Mr. Magnuson, you hurt him far more than you can imagine.
[01:42:38.920 --> 01:42:46.920]  That was good to hear.
[01:42:46.920 --> 01:42:53.920]  And bar grievances work because the bar is corrupt.
[01:42:53.920 --> 01:42:59.920]  If the bar wasn't so corrupt, bar grievances would not have near the effect that they do.
[01:42:59.920 --> 01:43:04.920]  Because the bar is corrupt and will do everything they can to protect their lawyers,
[01:43:04.920 --> 01:43:11.920]  even when they're so disreputable that 25% of all cases are handled pro se.
[01:43:11.920 --> 01:43:14.920]  They still try to protect their lawyers.
[01:43:14.920 --> 01:43:21.920]  And because of that, bar grievances sting them big time.
[01:43:21.920 --> 01:43:22.920]  Okay, hang on.
[01:43:22.920 --> 01:43:23.920]  We're about to go to break.
[01:43:23.920 --> 01:43:24.920]  This is Randy Kelton.
[01:43:24.920 --> 01:43:26.920]  Denver Stevens, Roova Radio.
[01:43:26.920 --> 01:43:30.920]  I call it number 512-646-1984.
[01:43:30.920 --> 01:43:32.920]  We've got one segment left.
[01:43:32.920 --> 01:43:36.920]  Call boards are empty, so if you have a question or comment, give us a call.
[01:43:36.920 --> 01:43:38.920]  We'll be right back.
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[01:46:23.920 --> 01:46:33.920]  Okay, we are back.
[01:46:33.920 --> 01:46:39.920]  Randy Kelton, Deborah Stevens, rule of law radio, and we're talking to Scott in Michigan.
[01:46:39.920 --> 01:46:41.920]  Okay, there we go.
[01:46:41.920 --> 01:46:46.920]  Okay, so what do you have planned now, Mark?
[01:46:46.920 --> 01:46:50.920]  Mark, Scott, I've got a mark in Michigan.
[01:46:50.920 --> 01:46:53.920]  Well, I mean, I think I have a pretty good plan.
[01:46:53.920 --> 01:46:57.920]  Let me ask you another question that's important to me, which is you've stated that, you know,
[01:46:57.920 --> 01:47:06.920]  most states will have some sort of equivalent to the Ku Klux Klan Act for 18 USC 242.
[01:47:06.920 --> 01:47:08.920]  Official misconduct.
[01:47:08.920 --> 01:47:14.920]  Yeah, Michigan doesn't have anything like that that's in the state.
[01:47:14.920 --> 01:47:19.920]  There's no official oppression on the books that I can find.
[01:47:19.920 --> 01:47:22.920]  And I wanted to look up why that was, and I found...
[01:47:22.920 --> 01:47:24.920]  Well, they won't...
[01:47:24.920 --> 01:47:29.920]  Texas is the only one that has it broken into two separate statutes.
[01:47:29.920 --> 01:47:33.920]  They have official oppression and official misconduct.
[01:47:33.920 --> 01:47:38.920]  Most states all call it official misconduct.
[01:47:38.920 --> 01:47:42.920]  Well, do you mean misconduct by an official?
[01:47:42.920 --> 01:47:44.920]  Yeah.
[01:47:44.920 --> 01:47:49.920]  See, that only applied to...
[01:47:49.920 --> 01:47:56.920]  In Michigan, the language of that is so specific that it only applies to elected public officers.
[01:47:56.920 --> 01:47:58.920]  So it wouldn't really apply to the judges.
[01:47:58.920 --> 01:48:00.920]  It wouldn't really apply to the cops.
[01:48:00.920 --> 01:48:06.920]  It's okay, ethics misconduct in office by public officers.
[01:48:06.920 --> 01:48:10.920]  And Ken and I had a big discussion about that.
[01:48:10.920 --> 01:48:18.920]  We finally found it in the law that it was elected officials and anyone who works under an elected official.
[01:48:18.920 --> 01:48:25.920]  Misconduct in office applies only to public officers as distinguished from public employees.
[01:48:25.920 --> 01:48:28.920]  See, people versus Code 2.
[01:48:28.920 --> 01:48:37.920]  And Code 2 decision, the Michigan Supreme Court held that deputy sheriffs are public officers for the purposes of the common law offense of misconduct in office.
[01:48:37.920 --> 01:48:42.920]  In order to be considered a public officer, five elements are required.
[01:48:42.920 --> 01:48:54.920]  The position must have been created by the Constitution or by the legislature or created by a municipality or other body through authority conferred by the legislature.
[01:48:54.920 --> 01:49:01.920]  The position must possess a delegation of a portion of the sovereign power of the government and be exercised with the benefit of the public.
[01:49:01.920 --> 01:49:11.920]  The powers conferred and the duties to be discharged must be defined directly or employably by the legislature or through legislative authority.
[01:49:11.920 --> 01:49:20.920]  The duties of the position must be performed independently and without control of the superior power other than the law.
[01:49:20.920 --> 01:49:34.920]  Unless they be those of an inferior or subordinate officer created or authorized by the legislature and by it placed under the general control of a superior officer or body.
[01:49:34.920 --> 01:49:50.920]  The petition must have some permanency and continuity, that's not spelled right, and not be only temporary or occasional.
[01:49:50.920 --> 01:50:08.920]  If they want to say that a deputy clerk doesn't fall under this, then the clerk would be responsible as responding at superior.
[01:50:08.920 --> 01:50:12.920]  Malfeasance, misfeasance, and non-feasance.
[01:50:12.920 --> 01:50:16.920]  We don't have that directly in Texas, but I use that all the time.
[01:50:16.920 --> 01:50:24.920]  The offense of misconduct in office includes malfeasance, which is the doing of a wrongful act.
[01:50:24.920 --> 01:50:35.920]  Misfeasance, which is the doing of a lawful act in a wrongful manner, and non-feasance, which is the failure to perform an act required by the duties of the office.
[01:50:35.920 --> 01:50:48.920]  It does not include acts done by officers in good faith or honest mistakes. The crime requires evidence of corrupt intent, which does not necessarily mean, however, an intent to profit.
[01:50:48.920 --> 01:50:54.920]  Okay, this is similar to Texas.
[01:50:54.920 --> 01:51:10.920]  Every public official, you know, I charge them. I don't care who they are. If they're not subject to the statute, then whoever employed them is subject to the statute.
[01:51:10.920 --> 01:51:19.920]  So if I file against a deputy clerk and they say, well, I'm not considered an official, well, that's okay. Who's your boss? I'll file against him.
[01:51:19.920 --> 01:51:25.920]  You don't want to answer the questions? You can throw your boss under the bus for me.
[01:51:25.920 --> 01:51:29.920]  Get the bus to back over there, Mom.
[01:51:29.920 --> 01:51:43.920]  Yeah, that's even more fun. It's always good to go after somebody who is essentially innocent, because they will rail in ratchets indignation.
[01:51:43.920 --> 01:51:55.920]  If they are responded yet superior, that's going to make them even more angry because people they hired screwed them.
[01:51:55.920 --> 01:52:02.920]  My favorite trick is to file a complaint with a district judge.
[01:52:02.920 --> 01:52:12.920]  And when the district judge doesn't give my complaint, doesn't hold an examining trial, then I file criminally against the district judge.
[01:52:12.920 --> 01:52:25.920]  Now I got the district judge set up. So the next time a police officer or bailiff says something to me I don't like, I file criminal charges against the district judge.
[01:52:25.920 --> 01:52:31.920]  And accused the district judge of sending that officer down to harass me.
[01:52:31.920 --> 01:52:35.920]  In retaliation for me filing against him.
[01:52:35.920 --> 01:52:41.920]  Now he's probably sitting up there innocent as the driven snow.
[01:52:41.920 --> 01:52:44.920]  So what do you think he's going to do?
[01:52:44.920 --> 01:52:53.920]  He's going to want to know why I think that officer was sent by him and he can't ask me.
[01:52:53.920 --> 01:52:58.920]  The only one he can ask is the officer.
[01:52:58.920 --> 01:53:06.920]  I can assure you he's not going to be a happy camper.
[01:53:06.920 --> 01:53:14.920]  Okay lawyers know some dirty rotten tricks. We know some dirty rotten tricks.
[01:53:14.920 --> 01:53:17.920]  And they are great fun to pull them on the courts.
[01:53:17.920 --> 01:53:20.920]  Did you hear James earlier?
[01:53:20.920 --> 01:53:22.920]  Yes.
[01:53:22.920 --> 01:53:31.920]  James, he's going in there with exactly the right frame of mind.
[01:53:31.920 --> 01:53:38.920]  Never ask a public official to do anything you actually want them to do.
[01:53:38.920 --> 01:53:43.920]  Because when they don't do it, you get to whack them.
[01:53:43.920 --> 01:53:50.920]  It doesn't take long for them to figure out that you're setting them up so you can whack them.
[01:53:50.920 --> 01:53:51.920]  Right.
[01:53:51.920 --> 01:53:54.920]  It'd be great fun.
[01:53:54.920 --> 01:53:57.920]  I have to admit I have too much fun.
[01:53:57.920 --> 01:54:05.920]  I drove all the way from Tennessee to Texas to appear within the time limit stated on the ticket.
[01:54:05.920 --> 01:54:10.920]  And when I got there, I had a whole stack of motions about an inch high I wanted to file.
[01:54:10.920 --> 01:54:14.920]  Well, we don't have a clerk here today.
[01:54:14.920 --> 01:54:16.920]  Well, I don't care.
[01:54:16.920 --> 01:54:18.920]  Take them anyway.
[01:54:18.920 --> 01:54:20.920]  We don't have a magistrate.
[01:54:20.920 --> 01:54:23.920]  We don't have a municipal judge right now.
[01:54:23.920 --> 01:54:26.920]  Your problem, not my problem.
[01:54:26.920 --> 01:54:35.920]  I drove 600 miles to make this appearance within the time frame allowed to me and I'm here.
[01:54:35.920 --> 01:54:39.920]  So I need a magistrate to hold an examining trial.
[01:54:39.920 --> 01:54:40.920]  Well, we don't have one here.
[01:54:40.920 --> 01:54:41.920]  Who is here?
[01:54:41.920 --> 01:54:44.920]  Oh, we've got the mayor's here.
[01:54:44.920 --> 01:54:46.920]  She's on the other side of the room.
[01:54:46.920 --> 01:54:47.920]  I call her over.
[01:54:47.920 --> 01:54:50.920]  I said, I need you to hold an examining trial.
[01:54:50.920 --> 01:54:52.920]  Well, I don't even know what that is.
[01:54:52.920 --> 01:54:53.920]  That's all right.
[01:54:53.920 --> 01:54:54.920]  I'll explain it to you.
[01:54:54.920 --> 01:54:56.920]  Oh, well, I can't do that.
[01:54:56.920 --> 01:55:00.920]  I called the prosecuting attorney and she's on her way over.
[01:55:00.920 --> 01:55:04.920]  Oh, I don't talk to persecuting attorneys.
[01:55:04.920 --> 01:55:09.920]  Whenever I talk to persecuting attorneys, they always get we all excited.
[01:55:09.920 --> 01:55:12.920]  Well, I would really like you to talk to her.
[01:55:12.920 --> 01:55:17.920]  I said, okay, if I have to talk to her, then I want you to get a bailiff in here.
[01:55:17.920 --> 01:55:18.920]  But we don't have a bailiff.
[01:55:18.920 --> 01:55:23.920]  We'll get a policeman in here because I don't want her to get all excited and start making a lot of noise.
[01:55:23.920 --> 01:55:27.920]  If I do, I'll ask the policeman to arrest her.
[01:55:27.920 --> 01:55:34.920]  And I told him, you just haven't lived until you've watched a cop do this little chicken dance.
[01:55:34.920 --> 01:55:39.920]  When you ask a policeman to arrest somebody he's afraid of, let's prosecute or judge.
[01:55:39.920 --> 01:55:44.920]  He starts doing this little chicken dance where he shifts from one foot to the other.
[01:55:44.920 --> 01:55:48.920]  Oh, Mr. Kelton, I can't do this, blah, blah, blah.
[01:55:48.920 --> 01:55:49.920]  Oh, it's great fun.
[01:55:49.920 --> 01:55:51.920]  You just got to see it.
[01:55:51.920 --> 01:56:02.920]  Twenty minutes later, I said to the policeman, I need you to arrest this prosecutor and the mayor standing here.
[01:56:02.920 --> 01:56:08.920]  The look on the mayor's face was priceless.
[01:56:08.920 --> 01:56:13.920]  And the officer said, well, Mr. Kelton, and he shifted from one foot to the other.
[01:56:13.920 --> 01:56:18.920]  And I turned to the mayor and I smiled at her and pointed at the officer to see what I mean.
[01:56:18.920 --> 01:56:24.920]  Watching, this is cold. She did not think it was cool.
[01:56:24.920 --> 01:56:26.920]  Loads of humor.
[01:56:26.920 --> 01:56:30.920]  You'll get to where this is so much fun.
[01:56:30.920 --> 01:56:36.920]  I go park outside and call 911 against the sheriff's department.
[01:56:36.920 --> 01:56:42.920]  And I'm waiting for the sheriff and saw the prosecutor peeking out the door.
[01:56:42.920 --> 01:56:46.920]  And then this cop pulls up, the one that was in the court.
[01:56:46.920 --> 01:56:50.920]  Pulls up kind of on an angle to my car and he walks up to the car.
[01:56:50.920 --> 01:56:52.920]  Timing was perfect.
[01:56:52.920 --> 01:56:56.920]  As he's pulling up, I get a call at the sheriff's department.
[01:56:56.920 --> 01:57:02.920]  So this cop walks up and I roll down the window and I say, one moment, I'm talking to the sheriff here.
[01:57:02.920 --> 01:57:04.920]  Okay, he just stands there.
[01:57:04.920 --> 01:57:06.920]  And I'm talking to the sheriff.
[01:57:06.920 --> 01:57:10.920]  He said, I need to come out and arrest.
[01:57:10.920 --> 01:57:13.920]  Hey, you, what did you say your name was?
[01:57:13.920 --> 01:57:16.920]  I had it written down, but it made him tell me anyway.
[01:57:16.920 --> 01:57:19.920]  And the prosecuting attorney and the mayor.
[01:57:19.920 --> 01:57:23.920]  And, you know, why would you, you know, I went through the whole routine of why.
[01:57:23.920 --> 01:57:26.920]  He said, well, I don't know if we should do that.
[01:57:26.920 --> 01:57:27.920]  I said, sure you can.
[01:57:27.920 --> 01:57:30.920]  He said, you really need to talk to the Texas Ranger.
[01:57:30.920 --> 01:57:36.920]  I said, oh, I'll get to the Texas Ranger, but I'm not ready for him yet.
[01:57:36.920 --> 01:57:42.920]  I need to talk to you first and get you to refuse so that when I go to Texas Ranger,
[01:57:42.920 --> 01:57:45.920]  then I can file against you with the Texas Ranger.
[01:57:45.920 --> 01:57:48.920]  And well, first of all, when I get done with you, then I'll go to the prosecuting attorney,
[01:57:48.920 --> 01:57:52.920]  get the prosecuting attorney, the district attorney to refuse to act.
[01:57:52.920 --> 01:57:58.920]  Then I go to the Texas Ranger with complaints against the district attorney because the
[01:57:58.920 --> 01:58:04.920]  director of department of public safety requires him to ask the district attorney if he can
[01:58:04.920 --> 01:58:09.920]  investigate a public official when he does that, then I'll file criminal, criminal conspiracy
[01:58:09.920 --> 01:58:12.920]  to commit against him and the prosecutor.
[01:58:12.920 --> 01:58:15.920]  So I'm setting up the Ranger here.
[01:58:15.920 --> 01:58:18.920]  And I just kind of got to go through you guys to get there.
[01:58:18.920 --> 01:58:21.920]  And this cop is sitting there and listening to me.
[01:58:21.920 --> 01:58:27.920]  And you can see in his face what have I walked into.
[01:58:27.920 --> 01:58:37.920]  Hang on, Randy Kelton, Denver Stevens Riva Radio, we'll be right back.
[01:58:37.920 --> 01:58:38.920]  Oh, show's over.
[01:58:38.920 --> 01:58:41.920]  I'm sorry, we're out of time.
[01:58:41.920 --> 01:58:49.920]  Be back tomorrow night.
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