ROL_2018-12-06_16k.timecode
[00:13.840 --> 00:19.240] Ounce silver fourteen dollars and forty eight cents an ounce copper two dollars and seventy four cents an ounce oil, Texas crude
[00:19.680 --> 00:24.760] $53.25 a barrel Brent crude sixty two dollars and eight cents a barrel cryptos Bitcoin
[00:24.760 --> 00:29.920] three thousand eight hundred seventy four dollars and eighty four cents ripple XRP thirty four cents
[00:30.240 --> 00:36.000] Ethereum one hundred and seven dollars and thirty five cents and stellar XLM's at fourteen cents of crypto coin
[00:41.160 --> 00:43.160] Today in history the year
[00:43.360 --> 00:48.460] 1945 flight 19 a group of five groom and TBN Avenger torpedo bombers
[00:48.460 --> 00:54.680] Mysteriously disappeared along with a Martin PBM mariner flier boat sent to search for them in the bermuda triangle
[00:55.060 --> 00:59.340] Flight 19 one of the most infamous aviation mysteries today in history
[01:03.260 --> 01:08.180] In recent news electric companies led by Exelon and Calpine went to the Texas Public Utility
[01:08.540 --> 01:12.260] Commission in order to alter how the electric reliability council of Texas
[01:12.260 --> 01:19.220] calculates prices for the wholesale market in Texas the PUC oversees the market but cannot order a generator to build a plant
[01:19.500 --> 01:26.100] Something the generators are threatening on not doing if they're four billion dollar energy cost increase isn't met with Exelon
[01:26.180 --> 01:30.900] Calpine and the first solar representatives insisting to the commissioners that they should move quickly
[01:31.100 --> 01:35.540] Due to the current price is not being high enough to encourage companies to build more plants
[01:35.540 --> 01:36.100] however
[01:36.100 --> 01:41.420] The Texas Public Policy Foundation stated some basic economic points by noting that quote the low
[01:41.420 --> 01:47.200] Electricity prices that Texas is still experiencing are the best evidence that Texas has an adequate supply of electricity
[01:47.600 --> 01:54.880] Texas can ensure sufficient generation of electricity for years to come and improve reliability by letting competitors compete at reducing state
[01:55.040 --> 02:01.400] intervention in the market the main problem in all of this is too much centralized political power in the hands of less than a handful
[02:01.840 --> 02:09.640] Only three commissioners managed the PUC appointed by Greg Abbott and they were given the power of price setting essentially by the Texas legislator
[02:09.640 --> 02:13.980] Without having the need to publish a formal proposal or hold public hearings
[02:18.260 --> 02:23.980] Texas ranks third in the country for the most aggressive holiday drivers behind, Georgia first place in California
[02:23.980 --> 02:26.940] and second add to this a new study that found that drivers are
[02:27.100 --> 02:32.940] 175 percent more aggressive during the holidays as compared to the rest of the year and we can only expect to have a lot of traffic
[02:33.040 --> 02:37.740] Incidents this year so buckle up chill out. No need to rush and slam on your brakes
[02:37.740 --> 02:40.060] Stay safe and enjoy the holidays
[02:41.860 --> 02:44.460] The Lone Star Lowdown is currently looking for sponsors
[02:44.460 --> 02:49.740] If you have a product or a service you'd like to advertise with us shoot me an email at Rick Rody at ProtonMail.com
[02:49.740 --> 02:53.260] That's Rick Rody R-O-H-D-E at ProtonMail.com
[02:53.940 --> 02:56.100] This is your lowdown for December 5th
[02:56.100 --> 03:08.100] 2018
[03:26.100 --> 03:32.100] Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:32.100 --> 03:38.100] Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:38.100 --> 03:43.100] When you were eight and you had bad traits You'd go to school and learn the golden rule
[03:43.100 --> 03:49.100] So why are you acting like a bloody fool? If you get hot then you must get cool
[03:49.100 --> 03:54.100] Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:54.100 --> 04:00.100] Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:00.100 --> 04:03.100] You chuck it on that once, you chuck it on this once
[04:03.100 --> 04:05.100] You chuck it on your mother and you chuck it on your father
[04:05.100 --> 04:07.100] You chuck it on your brother and you chuck it on this once
[04:07.100 --> 04:09.100] Okay, howdy howdy
[04:09.100 --> 04:13.100] This is Randy Kelton, Derby Stevens, Rule of Law Radio
[04:13.100 --> 04:19.100] On this the sixth day of December 2018
[04:19.100 --> 04:25.100] And we've got some callers already
[04:25.100 --> 04:31.100] I've got someone calling in who has got some crowing to do
[04:31.100 --> 04:36.100] So I'll talk a little bit before I bring him until he calls in
[04:36.100 --> 04:39.100] I want to bring him on first because he's earned it
[04:39.100 --> 04:47.100] He took them on and the Houston area actually started out with the documentation off the traffic site
[04:47.100 --> 04:53.100] And I'll let him explain what all went on but he fought them pretty good
[04:53.100 --> 04:57.100] And did pretty well
[04:57.100 --> 05:06.100] We are in the process of promoting our product to angel investors
[05:06.100 --> 05:12.100] To try to get our initial investment so we can launch our product
[05:12.100 --> 05:18.100] Okay, James is on, hello James
[05:18.100 --> 05:20.100] Hello Randy Kelton, how are you?
[05:20.100 --> 05:24.100] Okay, I'm good but I can barely hear you
[05:24.100 --> 05:26.100] Alright, is that any better bud?
[05:26.100 --> 05:28.100] Oh, that's much better
[05:28.100 --> 05:30.100] Okay
[05:30.100 --> 05:32.100] Okay, you sure tonight?
[05:32.100 --> 05:41.100] You didn't actually, this issue for you didn't start with a traffic citation did it?
[05:41.100 --> 05:43.100] No sir, it did not
[05:43.100 --> 05:50.100] It started with you going to court with someone else, will you explain what went on?
[05:50.100 --> 05:54.100] Yes sir, I went to court with somebody else
[05:54.100 --> 06:01.100] And it was a friend in Dayton where I'd already previously beat a traffic citation
[06:01.100 --> 06:09.100] I took the knowledge you had given me and was there as assistance with him
[06:09.100 --> 06:13.100] It proceeded to be where he was challenging subject matter jurisdiction
[06:13.100 --> 06:17.100] The judge kept overruling him, got very ugly
[06:17.100 --> 06:23.100] I then stipulated that once subject matter jurisdiction had been challenged
[06:23.100 --> 06:28.100] That he could not overrule him and started a base case law
[06:28.100 --> 06:32.100] The judge immediately told the bailiff to escort me out
[06:32.100 --> 06:36.100] So the bailiff came up, I started gathering my belongings
[06:36.100 --> 06:42.100] He went to grab my wheelchair, made me self-adventure stuff out of my wheelchair
[06:42.100 --> 06:47.100] And then I proceeded to get onto him, willed myself out
[06:47.100 --> 06:54.100] Next thing I know, I'm being placed under arrest because they want me to identify myself out in the lobby
[06:54.100 --> 07:01.100] And I told them they couldn't, I didn't have to identify myself under 3802 in Texas
[07:01.100 --> 07:08.100] Told them that unless they could articulate a crime, that I've committed, I've not done anything
[07:08.100 --> 07:12.100] And so forth, so they put me under arrest for failure to identify
[07:12.100 --> 07:17.100] And then wanted to stipulate that the judge had found me in contempt of court
[07:17.100 --> 07:22.100] So they proceeded on with the arrest
[07:22.100 --> 07:26.100] Then they took me to Liberty County Jail in Texas
[07:26.100 --> 07:33.100] Liberty County said that they would not house me due to the fact that I was a 20-year paraplegic
[07:33.100 --> 07:37.100] They could not house me, so the officer had to take me back
[07:37.100 --> 07:40.100] Drops me off in the parking lot
[07:40.100 --> 07:48.100] Within a matter of 15-20 minutes, the officer came back around where I was sitting by my car
[07:48.100 --> 07:54.100] Talking to Jason and James, my buddies that I was at court with
[07:54.100 --> 08:00.100] And proceeded to re-arrest me, said that he had warrants that were signed now this time
[08:00.100 --> 08:02.100] And that Liberty would take me
[08:02.100 --> 08:05.100] I spent the night in Liberty County Jail
[08:05.100 --> 08:08.100] Bonded myself out the next morning
[08:08.100 --> 08:12.100] Then went to court for my first arraignment in Liberty County
[08:12.100 --> 08:15.100] The judge wanted me to give a plea
[08:15.100 --> 08:19.100] Taught him that at that time I couldn't give him an informative plea
[08:19.100 --> 08:24.100] Due to the fact that the city attorney from Dayton
[08:24.100 --> 08:30.100] Had sent off the motions of discovery that I had put in to the Attorney General
[08:30.100 --> 08:34.100] Trying to get a ruling to not release the evidence to me
[08:34.100 --> 08:37.100] The Attorney General overruled it
[08:37.100 --> 08:41.100] But by this time, I had already made my court date to Liberty
[08:41.100 --> 08:46.100] I was presented with a plea bargain on my very first arraignment
[08:46.100 --> 08:50.100] I skipped the part where the judge wanted me to give a plea
[08:50.100 --> 08:53.100] I told him at this time I couldn't give an informative plea
[08:53.100 --> 08:57.100] Due to the fact that I was still waiting on an answer from the Attorney General
[08:57.100 --> 09:00.100] And still waiting on evidence for my motions of discovery
[09:00.100 --> 09:02.100] The judge honored that
[09:02.100 --> 09:05.100] Told me to wait, talked to the prosecutors, get a reset
[09:05.100 --> 09:10.100] But then they automatically wanted to throw me a plea bargain
[09:10.100 --> 09:12.100] I did not accept that
[09:12.100 --> 09:16.100] I fought the case for over a year
[09:16.100 --> 09:19.100] Back and forth, two different cases
[09:19.100 --> 09:23.100] The direct contempt court charge that I went with Dayton
[09:23.100 --> 09:25.100] That I appealed
[09:25.100 --> 09:28.100] Was fighting the other charge
[09:28.100 --> 09:30.100] They dropped me a failure to identify
[09:30.100 --> 09:33.100] But charged me with hindering a proceeding
[09:33.100 --> 09:37.100] By disorderly conduct
[09:37.100 --> 09:41.100] Once we showed the evidence that we had
[09:41.100 --> 09:44.100] Okay, hold on, there's something you didn't tell
[09:44.100 --> 09:47.100] The statement by the officers
[09:47.100 --> 09:51.100] Yes, the statements by the officers
[09:51.100 --> 09:54.100] Under the direct contempt court charge
[09:54.100 --> 09:56.100] As well as the judge
[09:56.100 --> 10:00.100] The judge, Judge Conner of Dayton, Texas
[10:00.100 --> 10:04.100] And Officer Eric Ibarra of Dayton, Texas Police Department
[10:04.100 --> 10:09.100] And Officer Terry Dell of the Dayton Police Department
[10:09.100 --> 10:12.100] They all had statements that were basically the same
[10:12.100 --> 10:15.100] They stipulated that I was asked
[10:15.100 --> 10:18.100] Numerous times to be quiet
[10:18.100 --> 10:19.100] And refused
[10:19.100 --> 10:21.100] They stated that I was asked
[10:21.100 --> 10:23.100] Numerous times to leave
[10:23.100 --> 10:24.100] And refused
[10:24.100 --> 10:29.100] They said that I continually yelled and cursed at the judge
[10:29.100 --> 10:33.100] This was all bogus perjury
[10:33.100 --> 10:40.100] We were actually videoing ourselves in the courtroom
[10:40.100 --> 10:44.100] The only evidence they had was an officer's body cam
[10:44.100 --> 10:48.100] Which has been spliced to their liking
[10:48.100 --> 10:54.100] Did not show any of the evidence on the direct contempt charge
[10:54.100 --> 10:58.100] So when I appealed that to Judge Conner
[10:58.100 --> 11:00.100] To take it over to Dayton
[11:00.100 --> 11:03.100] Those charges were immediately dismissed
[11:03.100 --> 11:07.100] I fought the other case for a year
[11:07.100 --> 11:11.100] And finally had those charges dismissed
[11:11.100 --> 11:16.100] I have both the paperwork now of the dismissals
[11:16.100 --> 11:19.100] So today
[11:19.100 --> 11:24.100] I went to do another filing of a motion of discovery
[11:24.100 --> 11:26.100] To get further evidence because
[11:26.100 --> 11:31.100] The body cam footage that they had released to Liberty
[11:31.100 --> 11:35.100] That was what they were going to use as a charging instrument against me
[11:35.100 --> 11:40.100] Showed a portion of the gentleman's body cam
[11:40.100 --> 11:45.100] Then the video that I received in the mail this last Saturday
[11:45.100 --> 11:49.100] Was the same body cam footage
[11:49.100 --> 11:51.100] But the funny part is
[11:51.100 --> 11:55.100] It starts eight seconds later than the other one
[11:55.100 --> 11:57.100] So they didn't even splice them correctly
[11:57.100 --> 12:00.100] So it does show that the body cam footage
[12:00.100 --> 12:02.100] From the officer
[12:02.100 --> 12:06.100] Starts and stops at different time levels of the first one
[12:06.100 --> 12:10.100] That was used as evidence for the charging instrument against me
[12:10.100 --> 12:12.100] So I have two different videos
[12:12.100 --> 12:15.100] And as I understand
[12:15.100 --> 12:19.100] Neither one of those body cams included
[12:19.100 --> 12:23.100] The portions of time where
[12:23.100 --> 12:27.100] You were accused of doing all these things
[12:27.100 --> 12:30.100] That is correct sir
[12:30.100 --> 12:33.100] But yours had that
[12:33.100 --> 12:35.100] Your recording had all that on it
[12:35.100 --> 12:37.100] Oh yes sir
[12:37.100 --> 12:40.100] It had everything from the very start of the jury trial
[12:40.100 --> 12:42.100] That Jason was going under
[12:42.100 --> 12:45.100] To the very end of his trial
[12:45.100 --> 12:50.100] As well as the way I was treated inside the courtroom by the two officers
[12:50.100 --> 12:54.100] And then the body cam footage did show
[12:54.100 --> 12:57.100] How these two officers arrested me
[12:57.100 --> 13:01.100] Tried to handcuff me behind the back of my wheelchair
[13:01.100 --> 13:04.100] Causing damage to my left shoulder
[13:04.100 --> 13:07.100] Which I have had a doctor look at
[13:07.100 --> 13:10.100] And verify that they've tore my rotator cuff
[13:10.100 --> 13:11.100] And messed up my left shoulder
[13:11.100 --> 13:16.100] As well as the cuts and abrasions that they applied to my hands at the time
[13:16.100 --> 13:20.100] It took the officer after getting me handcuffed
[13:20.100 --> 13:24.100] Realizing wow this is kind of ignorant I guess
[13:24.100 --> 13:26.100] Is what he thought in his head
[13:26.100 --> 13:29.100] So it took him two or three minutes to get the handcuffs off
[13:29.100 --> 13:31.100] And then handcuffed me in front
[13:31.100 --> 13:34.100] And I said now doesn't this make more sense
[13:34.100 --> 13:36.100] I'm not in much pain
[13:36.100 --> 13:39.100] And I can't will myself anywhere regardless
[13:39.100 --> 13:41.100] So you still have to push me
[13:41.100 --> 13:44.100] So they proceeded to book me
[13:44.100 --> 13:46.100] And things went like I said
[13:46.100 --> 13:48.100] So I fought the case for over a year
[13:48.100 --> 13:51.100] And finally won my case
[13:51.100 --> 13:53.100] Got both the stencils
[13:53.100 --> 13:55.100] And everything
[13:55.100 --> 13:57.100] So today like I said
[13:57.100 --> 13:59.100] It was just out of court
[13:59.100 --> 14:03.100] Okay let's talk about the discovery you went for today
[14:03.100 --> 14:07.100] If all of the cases have been dismissed
[14:09.100 --> 14:13.100] Under what authority are you requesting
[14:13.100 --> 14:17.100] Discovery is it public records
[14:17.100 --> 14:20.100] Or is it pre-litigation discovery
[14:20.100 --> 14:23.100] It is public records
[14:23.100 --> 14:27.100] Because I know that they have to have
[14:27.100 --> 14:29.100] Further body cam footage
[14:29.100 --> 14:33.100] As well as car cam footage
[14:33.100 --> 14:37.100] There was a camera in the back of the explorer on it
[14:37.100 --> 14:40.100] So I was requesting to get this
[14:40.100 --> 14:44.100] They have stipulated
[14:44.100 --> 14:47.100] Okay did you ever
[14:47.100 --> 14:52.100] I'm thinking of 39
[14:52.100 --> 14:55.100] What is it 39.7, 39.14
[14:55.100 --> 14:57.100] The Michael Morton Act
[14:57.100 --> 15:02.100] And it says that the prosecutor shall provide discovery at least
[15:02.100 --> 15:05.100] 20 days before trial
[15:05.100 --> 15:08.100] Did you ever have a trial date set
[15:08.100 --> 15:12.100] No there was no trial date set
[15:12.100 --> 15:17.100] We continued just going back and forth in front of the judge
[15:17.100 --> 15:22.100] Up until a point where I just started dealing with the head county attorney
[15:22.100 --> 15:25.100] Mr. Matthew Poston from Liberty County
[15:25.100 --> 15:28.100] Never went in front of the judge again
[15:28.100 --> 15:31.100] Didn't even go in front of the judge when they did my dismissals
[15:31.100 --> 15:35.100] I got an email stating that they had dismissed everything
[15:35.100 --> 15:39.100] And I was told to come in and pick up my paperwork
[15:39.100 --> 15:42.100] I went in picked up all my dismissals
[15:42.100 --> 15:47.100] Asked about getting my $200 bond back on the appeal
[15:47.100 --> 15:50.100] They wrote me a check for $190
[15:50.100 --> 15:54.100] When I went in today to Dayton to do my other discovery
[15:54.100 --> 15:57.100] And then drove over to Liberty to try to find out
[15:57.100 --> 16:00.100] What the issue was with the $10
[16:00.100 --> 16:05.100] They had two police officers waiting inside the lobby
[16:05.100 --> 16:09.100] As soon as I wheeled in, me and Mr. James Barta that was with me
[16:09.100 --> 16:12.100] The officer stopped me
[16:12.100 --> 16:15.100] And asked me if I was going to the clerk's office
[16:15.100 --> 16:17.100] I said yes sir I was
[16:17.100 --> 16:20.100] He said well I was told to tell you this
[16:20.100 --> 16:23.100] And they tried to stipulate to me that the $10
[16:23.100 --> 16:25.100] Okay okay hold on hold on this is
[16:25.100 --> 16:27.100] We're about to go to break
[16:27.100 --> 16:31.100] This is Randy Kelton and Deborah Stevens in Rule of Law Radio
[16:31.100 --> 16:35.100] Call in number 512-646-1984
[16:35.100 --> 16:38.100] We still have our fundraiser on so
[16:38.100 --> 16:42.100] Go to Logos Radio Network and check out our gun giveaway
[16:42.100 --> 16:45.100] And our items we have for sale
[16:45.100 --> 16:48.100] And make sure you check out Randy's Beer Fund
[16:48.100 --> 16:50.100] It is pitiful
[16:50.100 --> 17:00.100] We'll be right back
[17:20.100 --> 17:22.100] The grand prize up for grabs
[17:22.100 --> 17:25.100] Is a Spikes Tactical AR-15
[17:25.100 --> 17:28.100] More prizes and sponsors to be announced
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[17:30.100 --> 17:32.100] Legal 101
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[18:00.100 --> 18:03.100] Are you being harassed by debt collectors with phone calls
[18:03.100 --> 18:05.100] Letters or even lawsuits?
[18:05.100 --> 18:07.100] Stop debt collectors now
[18:07.100 --> 18:09.100] With the Michael Meris Proven Method
[18:09.100 --> 18:12.100] Michael Meris has won 6 cases in federal court
[18:12.100 --> 18:15.100] Against debt collectors and now you can win too
[18:15.100 --> 18:18.100] You can get step by step instructions in plain English
[18:18.100 --> 18:21.100] On how to win in court using federal civil rights statutes
[18:21.100 --> 18:25.100] What to do when contacted by phone, mail or court summons
[18:25.100 --> 18:27.100] How to answer letters and phone calls
[18:27.100 --> 18:29.100] How to get debt collectors out of your credit report
[18:29.100 --> 18:31.100] How to turn the financial tables on them
[18:31.100 --> 18:34.100] And make them pay you to go away
[18:34.100 --> 18:37.100] The Michael Meris Proven Method is the solution
[18:37.100 --> 18:39.100] For how to stop debt collectors
[18:39.100 --> 18:41.100] Personal consultation is available as well
[18:41.100 --> 18:44.100] For more information please visit RuleOfLawRadio.com
[18:44.100 --> 18:46.100] And click on the blue Michael Meris banner
[18:46.100 --> 18:49.100] Or email MichaelMeris at Yahoo.com
[18:49.100 --> 18:51.100] That's RuleOfLawRadio.com
[18:51.100 --> 18:57.100] Or email M-I-C-H-A-E-L-M-I-R-R-A-S at Yahoo.com
[18:57.100 --> 19:00.100] To learn how to stop debt collectors now
[19:01.100 --> 19:05.100] You are listening to the Logos Radio Network
[19:05.100 --> 19:22.100] www.LogosRadioNetwork.com
[19:22.100 --> 19:36.100] www.LogosRadioNetwork.com
[19:36.100 --> 19:38.100] OK, we are back
[19:38.100 --> 19:40.100] Randy Kelton, Debra Stevens with Rule Of Law Radio
[19:40.100 --> 19:45.100] And we're talking to James in Texas
[19:45.100 --> 19:47.100] OK, James
[19:47.100 --> 19:49.100] Yes sir
[19:49.100 --> 19:52.100] When we went out, you were
[19:52.100 --> 19:54.100] You went back to get your
[19:54.100 --> 19:57.100] Yes, I was going back to get your
[19:57.100 --> 20:01.100] But I'd like to step back just a tad on that today
[20:01.100 --> 20:04.100] Before I mention what happened at Liberty
[20:04.100 --> 20:06.100] When I stopped in to Dayton
[20:06.100 --> 20:09.100] To drop off the motion of discovery
[20:09.100 --> 20:12.100] The seventh one now, which is my final one
[20:12.100 --> 20:15.100] Well, it was going to be my final one
[20:15.100 --> 20:18.100] I happened to realize
[20:18.100 --> 20:21.100] Which I paid no attention to really
[20:21.100 --> 20:23.100] But a Texas state trooper pulled in
[20:23.100 --> 20:25.100] And went around the back of the police station
[20:25.100 --> 20:26.100] No big deal
[20:26.100 --> 20:28.100] While I was inside
[20:28.100 --> 20:31.100] And I was talking to Miss Tamara
[20:31.100 --> 20:33.100] Over the records request
[20:33.100 --> 20:35.100] I was in there for a little while
[20:35.100 --> 20:38.100] When James and I came out
[20:38.100 --> 20:40.100] After that, I noticed the state trooper
[20:40.100 --> 20:43.100] Was sitting next to a Dayton police officer
[20:43.100 --> 20:45.100] And his little explorer
[20:45.100 --> 20:48.100] Over in the south
[20:48.100 --> 20:51.100] Side of the parking lot
[20:51.100 --> 20:53.100] So when I went to leave
[20:53.100 --> 20:55.100] I told James, I said
[20:55.100 --> 20:58.100] I got a feeling we're fixing to be pulled over
[20:58.100 --> 20:59.100] And he said, why?
[20:59.100 --> 21:00.100] And I said, I don't know
[21:00.100 --> 21:03.100] I didn't like the way things went inside
[21:03.100 --> 21:05.100] Because they didn't like me being in there again
[21:05.100 --> 21:08.100] For the seventh time on the motion of discovery
[21:08.100 --> 21:10.100] Sure enough
[21:10.100 --> 21:12.100] As I pulled out of the parking lot
[21:12.100 --> 21:15.100] The state trooper pulled out behind me
[21:15.100 --> 21:17.100] The Dayton police officer
[21:17.100 --> 21:19.100] Pulled out behind him
[21:19.100 --> 21:22.100] I went less than a quarter of a mile
[21:22.100 --> 21:23.100] Lights came on
[21:23.100 --> 21:26.100] Pulled into a Chevron police station
[21:26.100 --> 21:28.100] State trooper walked up
[21:28.100 --> 21:32.100] And I had my window rolled down
[21:32.100 --> 21:34.100] I had my wallet ready in my hand
[21:34.100 --> 21:36.100] I said, yes sir, how are you?
[21:36.100 --> 21:37.100] Can I help you?
[21:37.100 --> 21:40.100] And he said, yes sir, we had had a call
[21:40.100 --> 21:42.100] That you, your vehicle
[21:42.100 --> 21:45.100] Was noticed driving around
[21:45.100 --> 21:48.100] With dark tinted windows
[21:48.100 --> 21:50.100] So I would like to check your windows
[21:50.100 --> 21:52.100] And I said, really?
[21:52.100 --> 21:54.100] I said, okay
[21:54.100 --> 21:58.100] So he said, would you mind rolling your window up a little bit?
[21:58.100 --> 22:00.100] I said, no sir, not a problem
[22:00.100 --> 22:02.100] I've had my windows tinted
[22:02.100 --> 22:04.100] 5% all the way around
[22:04.100 --> 22:06.100] For two and a half years now
[22:06.100 --> 22:09.100] Never been stopped by anybody
[22:09.100 --> 22:12.100] So he proceeded to talk to me
[22:12.100 --> 22:14.100] I noticed that the Dayton officer
[22:14.100 --> 22:18.100] Was officer Tyler Head
[22:18.100 --> 22:21.100] I said, hey Tyler Head, how are you?
[22:21.100 --> 22:24.100] And he said, do I know you?
[22:24.100 --> 22:26.100] And I said, of course you do
[22:26.100 --> 22:29.100] You were in the booking room the day that I got processed
[22:29.100 --> 22:31.100] You came in
[22:31.100 --> 22:32.100] Stood against the counter
[22:32.100 --> 22:34.100] Put your body cam on
[22:34.100 --> 22:35.100] Never said a word
[22:35.100 --> 22:37.100] Just stood there with this ugly demeanor
[22:37.100 --> 22:38.100] Staring me down
[22:38.100 --> 22:40.100] Put your body cam on me
[22:40.100 --> 22:43.100] He said he didn't remember this
[22:43.100 --> 22:45.100] The state trooper then looked dumbfounded
[22:45.100 --> 22:48.100] Didn't understand what was going on
[22:48.100 --> 22:51.100] So then I explained to the state trooper
[22:51.100 --> 22:52.100] What had happened
[22:52.100 --> 22:54.100] The charges being dismissed
[22:54.100 --> 22:58.100] State trooper liked to give him credit
[22:58.100 --> 22:59.100] Very nice gentleman
[22:59.100 --> 23:01.100] Officer Gilman
[23:01.100 --> 23:03.100] Region 2 District C
[23:03.100 --> 23:04.100] Area 28
[23:04.100 --> 23:08.100] Decent, decent, decent state trooper
[23:08.100 --> 23:10.100] He looked at me dumbfounded
[23:10.100 --> 23:12.100] When I was talking to Tyler Head
[23:12.100 --> 23:14.100] After he checked my windows
[23:14.100 --> 23:15.100] He said, well Mr. Coon
[23:15.100 --> 23:17.100] I'm just going to give you a warning on this
[23:17.100 --> 23:19.100] I'm sure you'll have it taken care of
[23:19.100 --> 23:23.100] Okay, what is the statute on tent?
[23:23.100 --> 23:27.100] I would have to really look at it Randy
[23:27.100 --> 23:28.100] To pull it up
[23:28.100 --> 23:31.100] But I believe it is
[23:31.100 --> 23:34.100] Two and a half percent
[23:34.100 --> 23:36.100] Three point three percent
[23:36.100 --> 23:38.100] Of what you can have in Texas
[23:38.100 --> 23:42.100] Five percent they consider illegal
[23:42.100 --> 23:44.100] On the driver and passenger side windows
[23:44.100 --> 23:46.100] Which is
[23:46.100 --> 23:51.100] What most police cars have
[23:51.100 --> 23:54.100] It's visibility issues
[23:54.100 --> 23:57.100] But I'm also on medications
[23:57.100 --> 24:00.100] That I'm not supposed to be in direct sunlight
[24:00.100 --> 24:01.100] For long periods of time
[24:01.100 --> 24:03.100] So if I am I wear long sleeves
[24:03.100 --> 24:04.100] And things like that
[24:04.100 --> 24:07.100] So I stipulated to the officer
[24:07.100 --> 24:08.100] When he told me that
[24:08.100 --> 24:09.100] I stipulated to him
[24:09.100 --> 24:12.100] I said I've read the Texas transportation code
[24:12.100 --> 24:15.100] And I do understand that if an issue arose
[24:15.100 --> 24:18.100] I could just get a description from my doctor
[24:18.100 --> 24:20.100] And submit it to the DMV
[24:20.100 --> 24:23.100] And he said you are absolutely correct
[24:23.100 --> 24:25.100] So that's when he said
[24:25.100 --> 24:28.100] I'm just going to go ahead and give you a warning
[24:28.100 --> 24:30.100] Because he could see
[24:30.100 --> 24:32.100] He was blatantly like
[24:32.100 --> 24:34.100] Brought into the middle of this
[24:34.100 --> 24:36.100] Because he said
[24:36.100 --> 24:38.100] They received a phone call
[24:38.100 --> 24:40.100] Oh this is good
[24:40.100 --> 24:43.100] It's even better that you've got a
[24:43.100 --> 24:46.100] Professional polite
[24:46.100 --> 24:49.100] Officer
[24:49.100 --> 24:52.100] Because now when you sting him good
[24:52.100 --> 24:56.100] He is going to be really really unhappy
[24:56.100 --> 25:00.100] But he's not going to be unhappy at you
[25:00.100 --> 25:02.100] Oh no he's going to be unhappy with
[25:02.100 --> 25:04.100] Dayton police department for bringing him in
[25:04.100 --> 25:06.100] Yes he is
[25:06.100 --> 25:08.100] He pulled you over because
[25:08.100 --> 25:11.100] Somebody else said you had tinted windows
[25:11.100 --> 25:12.100] Oh yeah
[25:12.100 --> 25:14.100] That's not a probable cause
[25:14.100 --> 25:16.100] For a traffic stop
[25:16.100 --> 25:18.100] No
[25:18.100 --> 25:20.100] And I believe at the time
[25:20.100 --> 25:22.100] When I was talking to Ms. Tamara
[25:22.100 --> 25:25.100] In the lobby
[25:25.100 --> 25:27.100] Sergeant Jay Coleman
[25:27.100 --> 25:29.100] Had popped his head out the door
[25:29.100 --> 25:32.100] Because the way I was talking
[25:32.100 --> 25:33.100] A little loud
[25:33.100 --> 25:35.100] You know emotions set in
[25:35.100 --> 25:37.100] Was kind of upset about all of this
[25:37.100 --> 25:39.100] And why it was taking so long to get
[25:39.100 --> 25:42.100] My evidence that I am requesting
[25:42.100 --> 25:44.100] And he
[25:44.100 --> 25:46.100] When he popped his head out through the door
[25:46.100 --> 25:48.100] And was standing there for a few minutes
[25:48.100 --> 25:49.100] I said
[25:49.100 --> 25:50.100] Can I help you?
[25:50.100 --> 25:51.100] And he said
[25:51.100 --> 25:54.100] I'm just making sure everything is okay
[25:54.100 --> 25:56.100] I looked at Ms. Tamara I said
[25:56.100 --> 25:58.100] Ms. Tamara is everything okay?
[25:58.100 --> 26:00.100] Am I being ugly to you?
[26:00.100 --> 26:02.100] Have I cursed you?
[26:02.100 --> 26:05.100] Or been in any way unprofessional toward you?
[26:05.100 --> 26:06.100] She said
[26:06.100 --> 26:08.100] No sir Mr. Coon you have not
[26:08.100 --> 26:10.100] I turned back to Mr. Sergeant Jay Coleman
[26:10.100 --> 26:12.100] Who him and I have had a
[26:12.100 --> 26:15.100] Discussion once or twice
[26:15.100 --> 26:17.100] That was a little heated
[26:17.100 --> 26:19.100] Because of this
[26:19.100 --> 26:22.100] He was also involved in the
[26:22.100 --> 26:24.100] Booking and the arrest
[26:24.100 --> 26:26.100] The day that I was arrested
[26:26.100 --> 26:28.100] At Dayton Police Department
[26:28.100 --> 26:30.100] He went back in the booking room
[26:30.100 --> 26:32.100] And was trying to pull his
[26:32.100 --> 26:34.100] Sergeant authority on me
[26:34.100 --> 26:36.100] And the intimidation factor
[26:36.100 --> 26:38.100] Doesn't work very well on me
[26:38.100 --> 26:41.100] So he knows that
[26:41.100 --> 26:43.100] So in my opinion
[26:43.100 --> 26:45.100] I believe that
[26:45.100 --> 26:47.100] He saw me pull up
[26:47.100 --> 26:49.100] Because he has been there every time
[26:49.100 --> 26:52.100] And maybe he called
[26:52.100 --> 26:54.100] The state trooper
[26:54.100 --> 26:56.100] To come over because
[26:56.100 --> 26:58.100] The call came from the Liberty
[26:58.100 --> 27:00.100] Sheriff's Department
[27:00.100 --> 27:02.100] Okay this trooper stipulated
[27:02.100 --> 27:04.100] That he was directed
[27:04.100 --> 27:06.100] To pull you over
[27:06.100 --> 27:08.100] He needs to get a
[27:08.100 --> 27:10.100] Professional conduct complaint for that
[27:10.100 --> 27:12.100] And a criminal complaint
[27:12.100 --> 27:14.100] For that
[27:14.100 --> 27:16.100] He is not going to be happy
[27:16.100 --> 27:18.100] When that happens
[27:18.100 --> 27:20.100] And that will
[27:20.100 --> 27:22.100] Pretty well make sure
[27:22.100 --> 27:24.100] That the Dayton police
[27:24.100 --> 27:26.100] Don't get to use the
[27:26.100 --> 27:28.100] DPS anymore
[27:28.100 --> 27:34.100] So you ought to have a lot of fun with that one
[27:34.100 --> 27:36.100] And that is the best way to do it
[27:36.100 --> 27:38.100] The more professional he is
[27:38.100 --> 27:41.100] The more upset he is going to be
[27:41.100 --> 27:43.100] When he gets a
[27:43.100 --> 27:45.100] Professional complaint against him
[27:45.100 --> 27:48.100] If he was an idiot
[27:48.100 --> 27:51.100] He probably wouldn't have sense enough to know
[27:51.100 --> 27:53.100] How much that will hurt him
[27:53.100 --> 27:55.100] But this guy is going to know
[27:55.100 --> 27:57.100] And the other reason why I think
[27:57.100 --> 27:59.100] It was Sergeant Jay Coleman
[27:59.100 --> 28:01.100] Was because at the traffic stop
[28:01.100 --> 28:03.100] Where the trooper pulled me over
[28:03.100 --> 28:06.100] And Officer Tyler Head pulled me over
[28:06.100 --> 28:08.100] Tyler Head walked up
[28:08.100 --> 28:10.100] Officer Jay Coleman
[28:10.100 --> 28:12.100] Then comes in
[28:12.100 --> 28:14.100] And proceeds to pull up
[28:14.100 --> 28:16.100] But doesn't come up to the car
[28:16.100 --> 28:19.100] Officer Tyler Head goes back and talks to him
[28:19.100 --> 28:22.100] And I can see the look on Tyler Head's face
[28:22.100 --> 28:26.100] When Officer Gillham
[28:26.100 --> 28:28.100] The state trooper
[28:28.100 --> 28:30.100] Told me he was just going to give me a warning
[28:30.100 --> 28:32.100] I can see the look of disappointment
[28:32.100 --> 28:35.100] On Officer Tyler Head's face
[28:35.100 --> 28:37.100] So
[28:37.100 --> 28:40.100] When Officer Sergeant
[28:40.100 --> 28:42.100] Jay Coleman pulled up
[28:42.100 --> 28:44.100] And went back to speak to him
[28:44.100 --> 28:46.100] You could kind of see
[28:46.100 --> 28:48.100] It was a good thing James was
[28:48.100 --> 28:50.100] Streaming live
[28:50.100 --> 28:52.100] On YouTube at the time
[28:52.100 --> 28:54.100] So we have the video
[28:54.100 --> 28:58.100] We have lots of people that were commenting at that time
[28:58.100 --> 29:01.100] But it was being streamed live
[29:01.100 --> 29:03.100] So
[29:03.100 --> 29:05.100] That's a good thing as well
[29:05.100 --> 29:07.100] But
[29:07.100 --> 29:09.100] To be pulled out
[29:09.100 --> 29:11.100] As soon as I pulled out of the parking lot
[29:11.100 --> 29:13.100] And less than a quarter of a mile
[29:13.100 --> 29:15.100] Be pulled over and given a warning
[29:15.100 --> 29:17.100] They are just nitpicking now
[29:17.100 --> 29:19.100] Trying to find something
[29:19.100 --> 29:21.100] And like I told my wife
[29:21.100 --> 29:23.100] And like I told James
[29:23.100 --> 29:25.100] Had I been alone
[29:25.100 --> 29:27.100] Being handicapped
[29:27.100 --> 29:31.100] Who's to say they wouldn't have pulled me out of my vehicle
[29:31.100 --> 29:33.100] And this trooper wanted to speak to me
[29:33.100 --> 29:35.100] And Sergeant
[29:35.100 --> 29:37.100] Excuse me, Officer Tyler Head says
[29:37.100 --> 29:39.100] I'm going to search your vehicle
[29:39.100 --> 29:41.100] Legally, of course
[29:41.100 --> 29:43.100] And planted something
[29:43.100 --> 29:45.100] Who knows what would have happened
[29:45.100 --> 29:47.100] I don't trust these fellas from this point forward
[29:47.100 --> 29:49.100] Because they've already put themselves
[29:49.100 --> 29:51.100] In a really bad predicament
[29:51.100 --> 29:53.100] Of perjury
[29:53.100 --> 29:55.100] Okay, hang on
[29:55.100 --> 29:57.100] Going to break, Randy Kelton
[29:57.100 --> 29:59.100] Deborah Stevens, Rule of Law Radio
[29:59.100 --> 30:01.100] We're going to be right back
[30:01.100 --> 30:03.100] The Bill of Rights contains
[30:03.100 --> 30:05.100] The first ten amendments of our Constitution
[30:05.100 --> 30:07.100] They guarantee the specific freedoms
[30:07.100 --> 30:09.100] Americans should know and protect
[30:09.100 --> 30:11.100] Our liberty depends on it
[30:11.100 --> 30:13.100] I'm Dr. Catherine Albrecht and I'll be right back
[30:13.100 --> 30:15.100] With an unforgettable way to remember
[30:15.100 --> 30:17.100] Your first amendment rights
[30:17.100 --> 30:19.100] Privacy is under attack
[30:19.100 --> 30:21.100] When you give up data about yourself
[30:21.100 --> 30:23.100] You'll never get it back again
[30:23.100 --> 30:25.100] And once your privacy is gone
[30:25.100 --> 30:27.100] You'll find your freedoms will start to vanish too
[30:27.100 --> 30:29.100] So protect your rights
[30:29.100 --> 30:31.100] Say no to surveillance
[30:31.100 --> 30:33.100] And keep your information to yourself
[30:33.100 --> 30:35.100] Privacy, it's worth hanging onto
[30:35.100 --> 30:37.100] Our first service announcement
[30:37.100 --> 30:39.100] Is brought to you by Startpage.com
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[30:43.100 --> 30:45.100] Start over with Startpage
[30:45.100 --> 30:47.100] SPAR
[30:47.100 --> 30:49.100] It's what fighters do
[30:49.100 --> 30:51.100] It's also how I remember the five guarantees
[30:51.100 --> 30:53.100] Of the first amendment
[30:53.100 --> 30:55.100] If you plan to take away my rights
[30:55.100 --> 30:57.100] I'm going to SPAR with you
[30:57.100 --> 30:59.100] S-P-A-R with an extra P
[30:59.100 --> 31:01.100] S for speech, P for press
[31:01.100 --> 31:03.100] Another P for petition
[31:03.100 --> 31:05.100] Americans are familiar with the first amendment guarantees
[31:05.100 --> 31:07.100] Of free speech, press, assembly
[31:07.100 --> 31:09.100] And religion
[31:09.100 --> 31:11.100] But petition for redress is another matter
[31:11.100 --> 31:13.100] We have the right to petition the government
[31:13.100 --> 31:15.100] For a redress of grievances
[31:15.100 --> 31:17.100] It means that if we're unhappy with what's going on
[31:17.100 --> 31:19.100] In our government, we can spell out the reasons
[31:19.100 --> 31:21.100] Without fear of being thrown into jail
[31:21.100 --> 31:23.100] I'm Dr. Catherine Albrecht
[31:23.100 --> 31:25.100] More news and information at CatherineAlbrecht.com
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[33:23.100 --> 33:25.100] Okay, we are back
[33:25.100 --> 33:33.100] Randy Kelton, Debra Stevens, Rule of Law Radio on this, the 6th, the day of December 2018
[33:33.100 --> 33:35.100] And we're talking to James in Texas
[33:35.100 --> 33:37.100] Okay, James
[33:37.100 --> 33:41.100] We, let's see, we are a half hour in
[33:41.100 --> 33:45.100] I do have a whole board full of callers
[33:45.100 --> 33:49.100] So, are you preparing to sue these guys?
[33:49.100 --> 33:53.100] Oh yes sir, definitely
[33:53.100 --> 33:55.100] I'm preparing to sue them
[33:55.100 --> 33:59.100] I'm preparing to file criminal charges against both officers
[33:59.100 --> 34:07.100] I'm preparing to file criminal charges if I can against the city attorney
[34:07.100 --> 34:11.100] And also file criminal charges against the judge himself
[34:11.100 --> 34:15.100] What about the clerk?
[34:15.100 --> 34:19.100] Let's talk about information requests
[34:19.100 --> 34:23.100] Yes, the clerk
[34:23.100 --> 34:27.100] The clerk, hold on, the clerk stands in a different position
[34:27.100 --> 34:31.100] Because she is the clerk of the court
[34:31.100 --> 34:37.100] She doesn't fall under the open government act
[34:37.100 --> 34:39.100] Right
[34:39.100 --> 34:41.100] She falls under constitution
[34:41.100 --> 34:47.100] There's two different ladies, there is the court clerk, Jennifer Billings
[34:47.100 --> 34:51.100] Who has, she has dealings with some stuff
[34:51.100 --> 34:57.100] But then there is this other lady that deals with the public request
[34:57.100 --> 35:03.100] She's not necessarily the court clerk, the court clerk is Jennifer Billings
[35:03.100 --> 35:11.100] Well, you didn't hire Jennifer Billings, I mean you didn't hire this second person
[35:11.100 --> 35:17.100] Whoever the court clerk is, is this a county court or a municipal?
[35:17.100 --> 35:19.100] No, municipal court
[35:19.100 --> 35:23.100] Okay, then she was hired by the judge
[35:23.100 --> 35:27.100] And the judge is respondeat superior
[35:27.100 --> 35:31.100] Actually she was hired by the mayor, but she's under the direction of the judge
[35:31.100 --> 35:37.100] So for each time they fail to provide information
[35:37.100 --> 35:43.100] You should charge the judge and whichever person acted with official oppression
[35:43.100 --> 35:47.100] Each time is a separate count
[35:47.100 --> 35:53.100] If you went to get this information, requested it seven times
[35:53.100 --> 35:57.100] And it wasn't produced seven times, seven counts
[35:57.100 --> 36:01.100] Each one a separate criminal complaint
[36:01.100 --> 36:05.100] You take that to the district attorney
[36:05.100 --> 36:09.100] And when he refuses to act on them, you run the routine on him
[36:09.100 --> 36:13.100] Have you run the routine, the criminal routine at all on any of them yet?
[36:13.100 --> 36:19.100] No sir, not yet, I was waiting until I got the dismissal paperwork
[36:19.100 --> 36:23.100] Because I was keeping it under the gun from Liberty County
[36:23.100 --> 36:29.100] That I was going to pursue the actions that I am now pursuing
[36:29.100 --> 36:33.100] Against the officers, the city attorney in Dayton
[36:33.100 --> 36:37.100] And the judge in Dayton
[36:37.100 --> 36:43.100] Due to the fact that, in my opinion, they all four conspired together for their stories
[36:43.100 --> 36:49.100] Of me, as I said before, of being told to be quiet multiple times and such
[36:49.100 --> 36:55.100] Which was all blatant perjury upon all of their testimonies
[36:55.100 --> 37:01.100] And the affidavits, I say not testimonies, but their affidavits that they wrote
[37:01.100 --> 37:07.100] Now Mr. Ibarra did write his in first person, as in I corporal Ibarra such and such
[37:07.100 --> 37:13.100] Ms. Terri Dells was wrote in a third person aspect in my opinion
[37:13.100 --> 37:17.100] Because it's all stipulated, Officer Dell at this time did such and such
[37:17.100 --> 37:23.100] Officer Dell then witnessed this, Officer Dell then did this
[37:23.100 --> 37:27.100] So I believe that it was wrote by the court clerk, Jennifer Billings
[37:27.100 --> 37:31.100] And then Officer Dell just signed her name to it
[37:31.100 --> 37:37.100] She never stipulated in there, I Officer Dell, like corporal Ibarra
[37:37.100 --> 37:41.100] That goes to criminal conspiracy
[37:41.100 --> 37:45.100] Yes, and that's what you and I had talked about in the past
[37:45.100 --> 37:49.100] So now is a good time to go after them criminally
[37:49.100 --> 37:55.100] Because everyone in the process will step up
[37:55.100 --> 37:59.100] To heal these people from prosecution
[37:59.100 --> 38:05.100] And that allows you to bring all of them in, bring the whole county in
[38:05.100 --> 38:09.100] Under RICO
[38:09.100 --> 38:13.100] You can accuse them of being a street gang
[38:13.100 --> 38:19.100] Texas Code of Coronavirus
[38:19.100 --> 38:23.100] Texas Penal Code Chapter 71
[38:23.100 --> 38:27.100] Street gang
[38:27.100 --> 38:31.100] Is an ongoing criminal enterprise
[38:31.100 --> 38:35.100] That has a recognizable hierarchy
[38:35.100 --> 38:39.100] They fit that
[38:39.100 --> 38:43.100] So everybody who touches it sticks to it
[38:43.100 --> 38:47.100] Most definitely
[38:47.100 --> 38:51.100] Yes, I plan for that
[38:51.100 --> 38:55.100] Most definitely, sir
[38:55.100 --> 38:59.100] I've already been in the process of
[38:59.100 --> 39:03.100] Filing through the DOJ complaint
[39:03.100 --> 39:07.100] Grievance against the city attorney, filing with the DOJ
[39:07.100 --> 39:11.100] The official complaint against the judge, and then filing my T code
[39:11.100 --> 39:15.100] Okay, hold on, DOJ
[39:15.100 --> 39:19.100] Who in the DOJ, you're talking about Federal Department of Justice?
[39:19.100 --> 39:23.100] Yes, the Department of Justice, correct
[39:23.100 --> 39:27.100] I looked at the website and figured that was where I needed to go
[39:27.100 --> 39:31.100] Who did you file your complaints with?
[39:31.100 --> 39:35.100] I have not filed anything yet, Randy
[39:35.100 --> 39:39.100] I'm ready to work together to make sure I have all of my evidence
[39:39.100 --> 39:43.100] In front of me now
[39:43.100 --> 39:47.100] Okay, then let me suggest before you go to the feds
[39:47.100 --> 39:51.100] You need to exercise your state remedy
[39:51.100 --> 39:55.100] Go to the state prosecutor, the district attorney
[39:55.100 --> 39:59.100] And get him to refuse to act
[39:59.100 --> 40:03.100] And when he refuses to act
[40:03.100 --> 40:07.100] Take criminal complaints to the district judge
[40:07.100 --> 40:11.100] Against the district attorney, and get the district judge to refuse to act
[40:11.100 --> 40:15.100] Then you take criminal complaints against the district judge
[40:15.100 --> 40:19.100] To the grand jury, and get the district attorney
[40:19.100 --> 40:23.100] To intercept your complaints to the grand jury
[40:23.100 --> 40:27.100] Now you're ready to go to the feds
[40:27.100 --> 40:31.100] And when you go to the feds, check to see what the local
[40:31.100 --> 40:35.100] Office of the FBI is for your area, that's going to be Houston
[40:35.100 --> 40:39.100] And the only FBI agent whose name
[40:39.100 --> 40:43.100] You can find is the special agent
[40:43.100 --> 40:47.100] In charge, so you direct your complaints
[40:47.100 --> 40:51.100] Mail them directly to him
[40:51.100 --> 40:55.100] By name
[40:55.100 --> 40:59.100] Now instead of having secret agent Blue Tie
[40:59.100 --> 41:03.100] In the script, we don't know who he is, agent pulling some
[41:03.100 --> 41:07.100] Garbage, now you have an actual name
[41:07.100 --> 41:11.100] And when the special agent
[41:11.100 --> 41:15.100] In charge doesn't act, then you file against him
[41:15.100 --> 41:19.100] Directly with the US attorney, and when the US attorney doesn't
[41:19.100 --> 41:23.100] Act, you file with a federal judge, and when the federal judge doesn't act
[41:23.100 --> 41:27.100] You come back and file against the both of them
[41:27.100 --> 41:31.100] At the grands, run the same routine on them
[41:31.100 --> 41:35.100] The feds are not going to be happy having some local
[41:35.100 --> 41:39.100] Podunk Texas county sick you on them
[41:39.100 --> 41:43.100] Because the US attorney knows that the president
[41:43.100 --> 41:47.100] Has his resignation in hand
[41:47.100 --> 41:51.100] And can dump him anytime he wants to
[41:51.100 --> 41:55.100] Now he's probably not going to do that
[41:55.100 --> 41:59.100] But the US attorney has to consider that as a
[41:59.100 --> 42:03.100] Possibility, when his name starts getting
[42:03.100 --> 42:07.100] Brought up for shielding all of these people from prosecution
[42:07.100 --> 42:11.100] They're going to be unhappy
[42:11.100 --> 42:15.100] Okay, and I'm not sure if you
[42:15.100 --> 42:19.100] If you remember or how many of the listeners remember or even know
[42:19.100 --> 42:23.100] But back when Hurricane Katrina and Hurricane Rita came through
[42:23.100 --> 42:27.100] It was all over the local news throughout the area
[42:27.100 --> 42:31.100] That Dayton and Liberty, the county of Liberty
[42:31.100 --> 42:35.100] Got busted because they were giving out all of the work
[42:35.100 --> 42:39.100] That was submitted to the contracts
[42:39.100 --> 42:43.100] They were giving all of it to brothers, cousins, and uncles
[42:43.100 --> 42:47.100] So the whole town became rich off brothers, uncles, and so forth
[42:47.100 --> 42:51.100] So they were already under a lot of pressure from the feds
[42:51.100 --> 42:55.100] And everything, and there was a big deal that went down, and Liberty was busted
[42:55.100 --> 42:59.100] On a major, Liberty County, and the city of Dayton
[42:59.100 --> 43:03.100] And the city of Liberty was busted on a big scam
[43:03.100 --> 43:07.100] Oh, they are going to be so unhappy if you get the feds to look
[43:07.100 --> 43:11.100] Back at them, because the feds are likely not to be
[43:11.100 --> 43:15.100] Happy with them and may want, if they didn't get everything done they wanted
[43:15.100 --> 43:19.100] To, they may want to use what you're bringing them as cannon fodder
[43:19.100 --> 43:23.100] To go back and finish the job on these guys
[43:23.100 --> 43:27.100] Okay, I do need to move on, we've got a bunch of other callers
[43:27.100 --> 43:31.100] Keep us up to date on what happens here
[43:31.100 --> 43:35.100] I surely will Randy, I appreciate your time and thank you for getting me on your show
[43:35.100 --> 43:39.100] Okay, this was good, you beat them all, this is Randy Kelton, Debra Stevens
[43:39.100 --> 43:43.100] Rule of Law Radio, our call-in number, 512-646-1984
[43:43.100 --> 43:49.100] We'll be right back
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[45:01.100 --> 45:05.100] Are you the plaintiff or defendant in a lawsuit?
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[46:27.100 --> 46:31.100] To Mark in Wisconsin, where have you been?
[46:31.100 --> 46:35.100] Oh, just trying to cause a little bit of trouble
[46:35.100 --> 46:39.100] Randy, wanted to get your ID on some new trouble making here
[46:39.100 --> 46:43.100] Okay, what have you
[46:43.100 --> 46:47.100] Gotten yourself into this time?
[46:47.100 --> 46:51.100] Okay, maybe I am not muted this time
[46:51.100 --> 46:55.100] Oh, no you're not muted, I can hear you
[46:55.100 --> 46:59.100] Okay, alright, great
[46:59.100 --> 47:03.100] So I'm just looking to see if I have a new and exciting way to get into some trouble here
[47:03.100 --> 47:07.100] Wanted your opinion
[47:07.100 --> 47:11.100] Now, Wisconsin has had
[47:11.100 --> 47:15.100] Some legislative changes due to
[47:15.100 --> 47:19.100] Change in the governorship, they're rushing through some things
[47:19.100 --> 47:23.100] Notably, apparently if the Attorney General wants to drop
[47:23.100 --> 47:27.100] A case, they have to get approval from the legislature to
[47:27.100 --> 47:31.100] Drop a case, now that is
[47:31.100 --> 47:35.100] An interesting idea, if I could manage to get
[47:35.100 --> 47:39.100] The Attorney General interested in criminal charges against a judge
[47:39.100 --> 47:43.100] And then the Attorney General says, oh, turns out we're gonna
[47:43.100 --> 47:47.100] Drop this, then the legislature
[47:47.100 --> 47:51.100] Weighing in on the conduct of lawyers, that would be an interesting
[47:51.100 --> 47:53.100] Little
[47:53.100 --> 47:57.100] Constitutional issue?
[47:57.100 --> 48:01.100] Sounds like preemption to me, unless Wisconsin's
[48:01.100 --> 48:05.100] Constitution is a whole lot different than the Federal Constitution
[48:05.100 --> 48:09.100] I don't believe it is
[48:09.100 --> 48:13.100] And I believe that there will eventually become a challenge
[48:13.100 --> 48:17.100] They'll probably challenge it straight away because apparently
[48:17.100 --> 48:21.100] It's tied to Wisconsin wanting to drop out of a
[48:21.100 --> 48:25.100] Lawsuit over the ACA
[48:25.100 --> 48:29.100] But the real reason that I was calling is
[48:29.100 --> 48:33.100] The following, writ of mandamus
[48:33.100 --> 48:37.100] So when you count the Board of Governors
[48:37.100 --> 48:41.100] The Supreme Court
[48:41.100 --> 48:45.100] Works to appoint the Board of Governors that appoint the
[48:45.100 --> 48:49.100] Bar that will then also run the bar grievance
[48:49.100 --> 48:53.100] Complaint department, now what's interesting
[48:53.100 --> 48:57.100] Is when you write them to complain
[48:57.100 --> 49:01.100] About a law firm, they claim
[49:01.100 --> 49:05.100] That they do not have jurisdiction and anything to
[49:05.100 --> 49:09.100] Actually deal with the conduct of multiple lawyers at a firm
[49:09.100 --> 49:13.100] Or shareholders and or possibly the firm
[49:13.100 --> 49:17.100] What I'm entertaining is using a writ of mandamus
[49:17.100 --> 49:21.100] To the Supreme Court asking them to
[49:21.100 --> 49:25.100] Order the bar grievance
[49:25.100 --> 49:29.100] Group to actually take complaints
[49:29.100 --> 49:33.100] About a law firm
[49:33.100 --> 49:37.100] What are the underpinnings of their assertion that they don't have
[49:37.100 --> 49:41.100] Jurisdiction over multiple bar card
[49:41.100 --> 49:45.100] Carriers? They just say they
[49:45.100 --> 49:49.100] Don't, that's it, they don't give any chapter and verse
[49:49.100 --> 49:53.100] They don't give any reason, they just go
[49:53.100 --> 49:57.100] We can't take a complaint about a law firm
[49:57.100 --> 50:01.100] What does their charter say?
[50:01.100 --> 50:05.100] The charter says that the purpose
[50:05.100 --> 50:09.100] Of them, the Supreme Court rules and the charter talk
[50:09.100 --> 50:13.100] About how the purpose of them is to regulate the law profession
[50:13.100 --> 50:17.100] And best I can tell, a law firm is
[50:17.100 --> 50:21.100] Part of the law profession
[50:21.100 --> 50:25.100] So since these are essentially government officials
[50:25.100 --> 50:29.100] It would be simple enough to accuse
[50:29.100 --> 50:33.100] Them of failing to perform a duty they are required
[50:33.100 --> 50:37.100] To perform and in the process denying you
[50:37.100 --> 50:41.100] The equal protection of the laws
[50:41.100 --> 50:45.100] So you're thinking
[50:45.100 --> 50:49.100] 18 USC, what is that one
[50:49.100 --> 50:53.100] 242 or you're going to have a
[50:53.100 --> 50:57.100] Wisconsin version of official misconduct
[50:57.100 --> 51:01.100] Okay
[51:01.100 --> 51:05.100] I think you've even spoken to it in the past
[51:05.100 --> 51:09.100] Oh I have, I have spoken to it in the past and I'm going to be drafting
[51:09.100 --> 51:13.100] I'm putting the finishing touches on drafting up
[51:13.100 --> 51:17.100] Such documents against the judges, the three different
[51:17.100 --> 51:21.100] Well actually there was a fourth judge, but the different
[51:21.100 --> 51:25.100] Judges who touched my little tar baby
[51:25.100 --> 51:29.100] And, but I was just curious what you thought of the idea
[51:29.100 --> 51:33.100] Of, since as you stated with the previous caller, you exhaust
[51:33.100 --> 51:37.100] Your remedies at the state level, okay, so I hit them with
[51:37.100 --> 51:41.100] A writ of mandamus and when they don't
[51:41.100 --> 51:45.100] Do anything, then I
[51:45.100 --> 51:49.100] Then you've tied up the court of appeals, you've got
[51:49.100 --> 51:53.100] Them to touch your tar baby
[51:53.100 --> 51:57.100] Okay, alright
[51:57.100 --> 52:01.100] Works for me, then you
[52:01.100 --> 52:05.100] The criminal is totally separate from the civil
[52:05.100 --> 52:09.100] Right, right, and the criminal is more straight forward
[52:09.100 --> 52:13.100] This is what judges are trying to do a dance
[52:13.100 --> 52:17.100] And nobody's calling them on it, you know when I go into court
[52:17.100 --> 52:21.100] The judges seem to feel like they can render any ruling
[52:21.100 --> 52:25.100] They want to because if you don't agree with their
[52:25.100 --> 52:29.100] Ruling you can always go to the court of appeals and appeal their ruling
[52:29.100 --> 52:33.100] Well I'm saying, that yeah I do have that
[52:33.100 --> 52:37.100] Remedy, but
[52:37.100 --> 52:41.100] The judge's requirement to determine the facts
[52:41.100 --> 52:45.100] In accordance with the rules of evidence, then properly
[52:45.100 --> 52:49.100] Apply the law to the facts
[52:49.100 --> 52:53.100] Is a duty he is required to perform if he fails
[52:53.100 --> 52:57.100] To perform that duty, then the process denies me and the full
[52:57.100 --> 53:01.100] Free access to or enjoyment of my right to the due
[53:01.100 --> 53:05.100] Course of the laws, that's class A
[53:05.100 --> 53:09.100] Misdemeanor in most every state, it's official misconduct
[53:09.100 --> 53:13.100] It's a crime, so I have knowledge that a crime's
[53:13.100 --> 53:17.100] Being committed, I have a duty to report that knowledge
[53:17.100 --> 53:21.100] Just because it's a judge, I don't
[53:21.100 --> 53:25.100] See anything in law that excludes the judge
[53:25.100 --> 53:29.100] From the rule of penal law
[53:29.100 --> 53:33.100] Now one of the
[53:33.100 --> 53:37.100] Things that had occurred in my latest foray
[53:37.100 --> 53:41.100] Is the statutes explicitly state
[53:41.100 --> 53:45.100] That the Wisconsin Consumer Act is about consumers
[53:45.100 --> 53:49.100] Not businesses, yet the attorney
[53:49.100 --> 53:53.100] Consistently brought up case law that's either
[53:53.100 --> 53:57.100] Been superseded by things such as
[53:57.100 --> 54:01.100] The marriage, the common law marriage
[54:01.100 --> 54:05.100] No longer being a feature in Wisconsin, or
[54:05.100 --> 54:09.100] They were two corpses, they were states, or they were
[54:09.100 --> 54:13.100] Businesses, or he brought in
[54:13.100 --> 54:17.100] Tried to bring in New York City law
[54:17.100 --> 54:21.100] Evolving over $25,000
[54:21.100 --> 54:25.100] Which Wisconsin's Consumer Act explicitly says
[54:25.100 --> 54:29.100] This doesn't apply to anything over
[54:29.100 --> 54:33.100] $25,000, so every one of the laws that were brought
[54:33.100 --> 54:37.100] Or cases that were brought, as his example of why the judge should
[54:37.100 --> 54:41.100] Rule in his way, there was a good reason to say
[54:41.100 --> 54:45.100] That case law's garbage. That qualify also then
[54:45.100 --> 54:49.100] Under 1842?
[54:49.100 --> 54:53.100] No, he's a lawyer
[54:53.100 --> 54:57.100] He's not actually a party
[54:57.100 --> 55:01.100] And he is not
[55:01.100 --> 55:05.100] He can ask the courts to rule
[55:05.100 --> 55:09.100] On foreign law
[55:09.100 --> 55:13.100] Under good faith and, I always forget the
[55:13.100 --> 55:17.100] Second term, but under
[55:17.100 --> 55:21.100] Good faith you can bring law from one state to another as advisory
[55:21.100 --> 55:25.100] So they can
[55:25.100 --> 55:29.100] Technically do that, the judge can agree with them or not
[55:29.100 --> 55:33.100] But if they presented the law as controlling
[55:33.100 --> 55:37.100] Instead of as advisory, then you could go for sanctions
[55:37.100 --> 55:41.100] And grieve them
[55:41.100 --> 55:45.100] But I don't see where you've got that lawyer criminally
[55:45.100 --> 55:49.100] Committed perjury
[55:49.100 --> 55:53.100] Well, the only thing the lawyer did was accuse me of being
[55:53.100 --> 55:57.100] A fraudster and the Wisconsin
[55:57.100 --> 56:01.100] Attorney general in press releases twice referred to fraudsters
[56:01.100 --> 56:05.100] When discussing people who had been
[56:05.100 --> 56:09.100] Convicted of fraud and found guilty of fraud
[56:09.100 --> 56:13.100] So is a shyster a shyster
[56:13.100 --> 56:17.100] Only if he's been convicted of being a shyster?
[56:17.100 --> 56:21.100] I'm going to
[56:21.100 --> 56:25.100] Say it's a term of art, a professional term of art that these people
[56:25.100 --> 56:29.100] Are using, I'm not learned counsel
[56:29.100 --> 56:33.100] Go that route, fraudster is not certainly
[56:33.100 --> 56:37.100] Recognized as a valid
[56:37.100 --> 56:41.100] Legal term, which is why he
[56:41.100 --> 56:45.100] Felt safe in using it I'm sure. I was more interested
[56:45.100 --> 56:49.100] In the criminal charges against the judge, having the law presented to
[56:49.100 --> 56:53.100] The judge and the judge blowing it off
[56:53.100 --> 56:57.100] That's his only job
[56:57.100 --> 57:01.100] His only job is to apply the law
[57:01.100 --> 57:05.100] To the facts
[57:05.100 --> 57:09.100] Because your only purpose in the trial court
[57:09.100 --> 57:13.100] Is to get the law and the facts on the record
[57:13.100 --> 57:17.100] His only job is to determine the facts
[57:17.100 --> 57:21.100] In accordance with the rules of evidence, then apply
[57:21.100 --> 57:25.100] The law as it comes to him to the facts in the case
[57:25.100 --> 57:29.100] That's his only job. If he doesn't do that job
[57:29.100 --> 57:33.100] And in the process denies you in your rights
[57:33.100 --> 57:37.100] I mean, that's no different than a policeman that stands and watches someone
[57:37.100 --> 57:41.100] Rob you. He doesn't have
[57:41.100 --> 57:45.100] A duty to protect you, but he does have a duty to enforce law
[57:45.100 --> 57:49.100] And if his failure to enforce law harms you
[57:49.100 --> 57:53.100] Then you have a due process claim against him. Same with the judge, I don't
[57:53.100 --> 57:57.100] See any difference
[57:57.100 --> 58:01.100] Well I'll give it a shot
[58:01.100 --> 58:05.100] The judges are not going to see that coming
[58:05.100 --> 58:09.100] Alright, well, thank you very much
[58:09.100 --> 58:13.100] For the advice and
[58:13.100 --> 58:17.100] Confirming a couple of things for me, I appreciate it. Let's you get on to your next
[58:17.100 --> 58:21.100] Caller. Okay and just in case somebody misconstrues
[58:21.100 --> 58:25.100] That as legal advice, that was intended as
[58:25.100 --> 58:29.100] Illegal advice. Just to keep me
[58:29.100 --> 58:33.100] Out of trouble. Randy Kelton, Deborah Stevens
[58:33.100 --> 58:37.100] Thank you Mark. Don't be such a stranger
[58:37.100 --> 58:41.100] Root of Law Radio, call in number 512-646-1984
[58:41.100 --> 58:45.100] We'll be right back
[58:49.100 --> 58:53.100] The Bible remains the most popular book in the world
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[01:00:41.100 --> 01:00:45.100] Today in history. The year 1945. Flight 19
[01:00:45.100 --> 01:00:49.100] A group of five Grumman TVN Avenger torpedo bombers mysteriously
[01:00:49.100 --> 01:00:53.100] Disappeared along with a Martin PBM mariner flyer boat
[01:00:53.100 --> 01:00:57.100] Sent to search for them in the Bermuda Triangle. Flight 19. One of the most infamous
[01:00:57.100 --> 01:01:01.100] Aviation mysteries to date in history.
[01:01:01.100 --> 01:01:05.100] In recent news
[01:01:05.100 --> 01:01:09.100] Electric companies led by Exelon and Calpine went to the Texas Public Utility Commission
[01:01:09.100 --> 01:01:13.100] In order to alter how the Electric Reliability Council of Texas calculates
[01:01:13.100 --> 01:01:17.100] Prices for the wholesale market. In Texas the PUC oversees the market
[01:01:17.100 --> 01:01:21.100] But cannot order a generator to build a plant. Something the generators are threatening
[01:01:21.100 --> 01:01:25.100] On not doing if their $4 billion energy cost increase isn't met.
[01:01:25.100 --> 01:01:29.100] With Exelon, Calpine and the first solar representatives insisting
[01:01:29.100 --> 01:01:33.100] To the commissioners that they should move quickly due to the current prices not being
[01:01:33.100 --> 01:01:37.100] High enough to encourage companies to build more plants. However the Texas Public
[01:01:37.100 --> 01:01:41.100] Policy Foundation stated some basic economic points by noting that
[01:01:41.100 --> 01:01:45.100] The low electricity prices that Texas is still experiencing are the best evidence
[01:01:45.100 --> 01:01:49.100] That Texas has an adequate supply of electricity. Texas can ensure sufficient
[01:01:49.100 --> 01:01:53.100] Generation of electricity for years to come and improve reliability by letting
[01:01:53.100 --> 01:01:57.100] Competitors compete at reducing state intervention in the market.
[01:01:57.100 --> 01:02:01.100] The main problem in all of this is too much centralized political power in the hands of less than
[01:02:01.100 --> 01:02:05.100] A handful. Only three commissioners manage the PUC appointed by Greg
[01:02:05.100 --> 01:02:09.100] Abbott and they were given the power of price setting essentially by the Texas
[01:02:09.100 --> 01:02:13.100] Legislator without having the need to publish a formal proposal
[01:02:13.100 --> 01:02:17.100] Or hold public hearings.
[01:02:17.100 --> 01:02:21.100] Texas ranks third in the country for the most aggressive holiday
[01:02:21.100 --> 01:02:25.100] Drivers behind Georgia in first place and California in second. Add to
[01:02:25.100 --> 01:02:29.100] This a new study that found that drivers are 175% more aggressive
[01:02:29.100 --> 01:02:33.100] During the holidays as compared to the rest of the year and we can only expect to have a lot of traffic
[01:02:33.100 --> 01:02:37.100] Incidents this year. So buckle up and chill out. No need to rush and slam
[01:02:37.100 --> 01:02:41.100] On your breaks. Stay safe and enjoy the holidays.
[01:02:41.100 --> 01:02:45.100] The Lone Star Lowdown is currently looking for sponsors. If you have a product or
[01:02:45.100 --> 01:02:49.100] Service you would like to advertise with us shoot me an email at rickrode at protonmail.com
[01:02:49.100 --> 01:02:53.100] That's rickrode R-O-H-D-E at protonmail.com
[01:02:53.100 --> 01:03:21.100] This was your Lowdown for December 5th, 2018.
[01:03:23.100 --> 01:03:51.100] Okay we are back.
[01:03:51.100 --> 01:03:55.100] Randy Kelton, Debra Stevens, Rule of Law Radio and we're going to
[01:03:55.100 --> 01:03:59.100] Tina in California.
[01:03:59.100 --> 01:04:03.100] Hello Tina. Hi Randy, how are you?
[01:04:03.100 --> 01:04:07.100] What do you have for us today?
[01:04:11.100 --> 01:04:15.100] I think I've lost you there.
[01:04:15.100 --> 01:04:19.100] Hello Tina.
[01:04:19.100 --> 01:04:23.100] Listening not hearing.
[01:04:27.100 --> 01:04:31.100] Okay my mic is working. Tina for whatever reason
[01:04:31.100 --> 01:04:35.100] I can't hear you. You want to hang up and call back again?
[01:04:39.100 --> 01:04:43.100] Okay in the meantime we'll go to
[01:04:43.100 --> 01:04:47.100] Tim in Texas. Hello Tim.
[01:04:47.100 --> 01:04:51.100] I was looking at my documents today and
[01:04:51.100 --> 01:04:55.100] One of the things was the transcript of the injunction hearing
[01:04:55.100 --> 01:04:59.100] And they've got, the court reporters got
[01:04:59.100 --> 01:05:03.100] Written on there where I said your honor there's a motion
[01:05:03.100 --> 01:05:07.100] Before the court and the judge goes yeah what is that
[01:05:07.100 --> 01:05:11.100] I said it's a challenge to subject matter jurisdiction. He goes well
[01:05:11.100 --> 01:05:15.100] I'm going to deny it immediately.
[01:05:15.100 --> 01:05:19.100] Anyway. So that's a good indication
[01:05:19.100 --> 01:05:23.100] That the judge denied a motion without
[01:05:23.100 --> 01:05:27.100] Reading it. He said let me see it
[01:05:27.100 --> 01:05:31.100] Of course she doesn't have that on there but I walked it up there to him
[01:05:31.100 --> 01:05:35.100] And he flipped through a few pages and then
[01:05:35.100 --> 01:05:39.100] It got to the point where he said something about
[01:05:39.100 --> 01:05:43.100] I said well there's also another motion. He goes what's that?
[01:05:43.100 --> 01:05:47.100] I said it's a motion for recusal or to recuse
[01:05:47.100 --> 01:05:51.100] And he said well it's too late
[01:05:51.100 --> 01:05:55.100] He said why? He said because I already ruled on that two weeks ago
[01:05:55.100 --> 01:05:59.100] I said well you know I didn't have time you know
[01:05:59.100 --> 01:06:03.100] I had like 40 minutes to prepare to even come up and then you didn't let me speak
[01:06:03.100 --> 01:06:07.100] He says well you've had time since then. I said yeah well that was filed yesterday or something
[01:06:07.100 --> 01:06:11.100] But anyway another, so I thought
[01:06:11.100 --> 01:06:15.100] Well that's a good indication
[01:06:15.100 --> 01:06:19.100] The other thing was looking at the
[01:06:19.100 --> 01:06:23.100] Oh gosh I'm forgetting
[01:06:23.100 --> 01:06:27.100] One thing, I need to bring my mom in here
[01:06:27.100 --> 01:06:31.100] She'll explain to you how that is not going to get better
[01:06:31.100 --> 01:06:35.100] Oh lord, yeah
[01:06:35.100 --> 01:06:39.100] Well it simply has to do with I was looking at something
[01:06:39.100 --> 01:06:43.100] And it talked about they cannot, with due process
[01:06:43.100 --> 01:06:47.100] Of law, they cannot make you
[01:06:47.100 --> 01:06:51.100] They can't come after your property unless you've had a
[01:06:51.100 --> 01:06:55.100] Right to be heard. They have to notice you but you have a right to be heard
[01:06:55.100 --> 01:06:59.100] And I never did get a right to be heard when this all
[01:06:59.100 --> 01:07:03.100] Started in municipal court. So that's when they did
[01:07:03.100 --> 01:07:07.100] The administrative hearing and so I was never given an opportunity
[01:07:07.100 --> 01:07:11.100] In the administrative hearing to even ask a
[01:07:11.100 --> 01:07:15.100] Question. I gave some evidence, they ignored it
[01:07:15.100 --> 01:07:19.100] And then of course that was thrown out
[01:07:19.100 --> 01:07:23.100] All of this stuff about what they got
[01:07:23.100 --> 01:07:27.100] The $80,000 injunction
[01:07:27.100 --> 01:07:31.100] Over was never
[01:07:31.100 --> 01:07:35.100] Adjudicated by anyone
[01:07:35.100 --> 01:07:39.100] It was a judgment off of something that was supposedly adjudicated
[01:07:39.100 --> 01:07:43.100] And then the adjudication where it was supposedly
[01:07:43.100 --> 01:07:47.100] Had occurred was thrown out by the
[01:07:47.100 --> 01:07:51.100] Court of Appeals
[01:07:51.100 --> 01:07:55.100] But they're saying this part didn't fall under
[01:07:55.100 --> 01:07:59.100] The criminal prosecution that had
[01:07:59.100 --> 01:08:03.100] To be the alternative method of prosecuting
[01:08:03.100 --> 01:08:07.100] A violation of the junk vehicle act
[01:08:07.100 --> 01:08:11.100] Had to be approved by the
[01:08:11.100 --> 01:08:15.100] Board and had to be in the record
[01:08:15.100 --> 01:08:19.100] And they were saying this other thing
[01:08:19.100 --> 01:08:23.100] Didn't have to be in the record. That it didn't fall under that
[01:08:23.100 --> 01:08:27.100] But then they didn't address it either. So what they're saying is
[01:08:27.100 --> 01:08:31.100] All this city has to do is accuse you of something
[01:08:31.100 --> 01:08:35.100] And kill you to stop doing it even if you think what you're doing
[01:08:35.100 --> 01:08:39.100] Is legal and they can immediately start charging you $1,000 a day
[01:08:39.100 --> 01:08:43.100] Right. Well when I was reading what it says
[01:08:43.100 --> 01:08:47.100] It talks about it has to have a formal complaint
[01:08:47.100 --> 01:08:51.100] Filed against you. Unless there's no formal
[01:08:51.100 --> 01:08:55.100] Complaint filed and then they can assume that
[01:08:55.100 --> 01:08:59.100] Just the notice is the complaint. But
[01:08:59.100 --> 01:09:03.100] He specifically names everything that they eventually took me to
[01:09:03.100 --> 01:09:07.100] Civil court over in the initial notice
[01:09:07.100 --> 01:09:11.100] But the only thing that he files complaint in the municipal
[01:09:11.100 --> 01:09:15.100] Court over is the junk vehicle. And the other things were not
[01:09:15.100 --> 01:09:19.100] Addressed. So they weren't addressed again until
[01:09:19.100 --> 01:09:23.100] Civil court
[01:09:23.100 --> 01:09:27.100] With the presumption that you were already
[01:09:27.100 --> 01:09:31.100] In violation of something. Right. And they don't have any proof of that
[01:09:31.100 --> 01:09:35.100] But there never was anything other than an assertion that you
[01:09:35.100 --> 01:09:39.100] Had violated something. Yes.
[01:09:39.100 --> 01:09:43.100] So we're saying that
[01:09:43.100 --> 01:09:47.100] A governmental entity cannot simply claim
[01:09:47.100 --> 01:09:51.100] That you're violating something and then holds you responsible
[01:09:51.100 --> 01:09:55.100] For it without due process. That goes to
[01:09:55.100 --> 01:09:59.100] Pains and penalties. And while the
[01:09:59.100 --> 01:10:03.100] Revolution was
[01:10:03.100 --> 01:10:07.100] In the popular media they talk about
[01:10:07.100 --> 01:10:11.100] A lot of things that the revolution was about
[01:10:11.100 --> 01:10:15.100] But they almost never talk about pains and penalties. And that was
[01:10:15.100 --> 01:10:19.100] One of the biggest deals.
[01:10:19.100 --> 01:10:23.100] One of the biggest reasons they wanted to separate from King George
[01:10:23.100 --> 01:10:27.100] Was that his governor could come in and
[01:10:27.100 --> 01:10:31.100] Say you're doing that thing and we have declared
[01:10:31.100 --> 01:10:35.100] That that thing is wrong so we're going to throw you in jail
[01:10:35.100 --> 01:10:39.100] For doing that thing before we declared it was wrong.
[01:10:39.100 --> 01:10:43.100] Right. And the revolution was so
[01:10:43.100 --> 01:10:47.100] That you can only be punished once you've had due process.
[01:10:47.100 --> 01:10:51.100] Well it appears in the
[01:10:51.100 --> 01:10:55.100] Code says that all the city has to do is point your finger at you
[01:10:55.100 --> 01:10:59.100] And then they can start initiating punishment.
[01:10:59.100 --> 01:11:03.100] And that's exactly what this $80,000 is.
[01:11:03.100 --> 01:11:07.100] Well the thing that we have the appeal over which I
[01:11:07.100 --> 01:11:11.100] Finally recognized today after much reading is that
[01:11:11.100 --> 01:11:15.100] It's only about the portion that was
[01:11:15.100 --> 01:11:19.100] The motion for sever and render. And the part that
[01:11:19.100 --> 01:11:23.100] Was rendered was the final judgment of the initial
[01:11:23.100 --> 01:11:27.100] Counterclaim that I had that was dismissed in February
[01:11:27.100 --> 01:11:31.100] That's what it says. It was dismissed in February and we didn't file any appeal
[01:11:31.100 --> 01:11:35.100] After that. But in August the 21st is when the final
[01:11:35.100 --> 01:11:39.100] Judgment was issued by Barack Smith.
[01:11:39.100 --> 01:11:43.100] Right. So then September 4th we filed an appeal
[01:11:43.100 --> 01:11:47.100] It was only about that because the other part was still alive I guess.
[01:11:47.100 --> 01:11:51.100] Well I can't, okay they're saying that the adjudication
[01:11:51.100 --> 01:11:55.100] On the
[01:11:55.100 --> 01:11:59.100] $80,000 claim was still alive
[01:11:59.100 --> 01:12:03.100] But the judge had ruled on that. The only thing left was collection.
[01:12:03.100 --> 01:12:07.100] Yes. The case had
[01:12:07.100 --> 01:12:11.100] Been received a final determination. Before we
[01:12:11.100 --> 01:12:15.100] Got our writ of mandamus. Yes. And then when we
[01:12:15.100 --> 01:12:19.100] Got our writ of mandamus it seems like that should have just shook things to the core.
[01:12:19.100 --> 01:12:23.100] Well the way I read the writ of mandamus
[01:12:23.100 --> 01:12:27.100] Is we're saying they didn't have subject matter jurisdiction
[01:12:27.100 --> 01:12:31.100] For the prosecution of the junk vehicles
[01:12:31.100 --> 01:12:35.100] And the court agreed with that.
[01:12:35.100 --> 01:12:39.100] And then said, but
[01:12:39.100 --> 01:12:43.100] When it comes to the
[01:12:43.100 --> 01:12:47.100] Collection of a fee
[01:12:47.100 --> 01:12:51.100] Then that is within, that was within the jurisdiction of the court
[01:12:51.100 --> 01:12:55.100] That the city could come to the district court
[01:12:55.100 --> 01:12:59.100] And request a
[01:12:59.100 --> 01:13:03.100] Adjudication on that fee. The problem is
[01:13:03.100 --> 01:13:07.100] Is they didn't have an adjudication to bring to the court.
[01:13:07.100 --> 01:13:11.100] Right. So the court had jurisdiction to hear the issue
[01:13:11.100 --> 01:13:15.100] But should have ruled that you don't have a
[01:13:15.100 --> 01:13:19.100] Final determination in your court showing that they were actually
[01:13:19.100 --> 01:13:23.100] Ever in violation of anything.
[01:13:23.100 --> 01:13:27.100] So you can't come to us and collect a fee for something that was
[01:13:27.100 --> 01:13:31.100] Never adjudicated. Well he goes back to the injunction where I had filed
[01:13:31.100 --> 01:13:35.100] A challenge to subject matter jurisdiction. He should have taken time
[01:13:35.100 --> 01:13:39.100] Stopped and said okay I've got to look at this. But he didn't.
[01:13:39.100 --> 01:13:43.100] Cause see that's part
[01:13:43.100 --> 01:13:47.100] Okay lost me there. That's part of the opinion
[01:13:47.100 --> 01:13:51.100] Cause that's how they got the $80,000
[01:13:51.100 --> 01:13:55.100] Was $1,000 a day saying that I was in violation.
[01:13:55.100 --> 01:13:59.100] So they couldn't have gotten it without the injunction.
[01:13:59.100 --> 01:14:03.100] Temporary injunction. And at the temporary injunction
[01:14:03.100 --> 01:14:07.100] Hearing is when I brought up the challenge to subject matter
[01:14:07.100 --> 01:14:11.100] Jurisdiction. The judge denied it.
[01:14:11.100 --> 01:14:15.100] This would have saved us a lot of time.
[01:14:15.100 --> 01:14:19.100] Okay.
[01:14:19.100 --> 01:14:23.100] It would have. It would have saved a lot
[01:14:23.100 --> 01:14:27.100] Okay this would have saved a lot of time. You left some
[01:14:27.100 --> 01:14:31.100] Stuff out there. Are you implying that if
[01:14:31.100 --> 01:14:35.100] The judge had read the subject matter jurisdiction challenge
[01:14:35.100 --> 01:14:39.100] And ruled properly on the subject matter jurisdiction challenge it would have
[01:14:39.100 --> 01:14:43.100] Saved a lot of time. Yes sir. That's what this referred to.
[01:14:43.100 --> 01:14:47.100] That's why I get kind of if you on the air
[01:14:47.100 --> 01:14:51.100] People hear me complain about pronouns. That's the weakness
[01:14:51.100 --> 01:14:55.100] In pronouns cause Tim knew exactly what he was referring to.
[01:14:55.100 --> 01:14:59.100] And I thought I knew what he was referring to.
[01:14:59.100 --> 01:15:03.100] But we weren't necessarily
[01:15:03.100 --> 01:15:07.100] On the same page. I know most everybody has had somebody call them
[01:15:07.100 --> 01:15:11.100] And they start a conversation and they talk back and forth for a while
[01:15:11.100 --> 01:15:15.100] It takes them a while to realize that we're talking about two different things here.
[01:15:15.100 --> 01:15:19.100] And that's because we're using too many pronouns and
[01:15:19.100 --> 01:15:23.100] Each of us are assuming what they refer to. We're assuming we're
[01:15:23.100 --> 01:15:27.100] A forensic index. Okay that wasn't picking on you Tim
[01:15:27.100 --> 01:15:31.100] Sometimes I need to demonstrate that point
[01:15:31.100 --> 01:15:35.100] When we're talking about law we have to be real careful because it's a lot more specific.
[01:15:35.100 --> 01:15:39.100] Anyway, yes had the judge performed his duty
[01:15:39.100 --> 01:15:43.100] And actually read that subject matter jurisdiction challenge
[01:15:43.100 --> 01:15:47.100] Then properly applied the law to the facts
[01:15:47.100 --> 01:15:51.100] Which he had a statutory requirement to do
[01:15:51.100 --> 01:15:55.100] Then all of that would have went away immediately. We wouldn't have had to file a mandamus
[01:15:55.100 --> 01:15:59.100] We wouldn't have to go through all of this stuff. Right.
[01:15:59.100 --> 01:16:03.100] Well that's why I'm getting to the point about this appeal being
[01:16:03.100 --> 01:16:07.100] For the, because they're trying to get it completely
[01:16:07.100 --> 01:16:11.100] Tossed that there is no more
[01:16:11.100 --> 01:16:15.100] I'm appealing the final judgment on my counter suit
[01:16:15.100 --> 01:16:19.100] Being dismissed. That's what they're trying to say
[01:16:19.100 --> 01:16:23.100] That's what they're trying to, that's what they're doing, that's what our appeal is
[01:16:23.100 --> 01:16:27.100] And what we want to do is appeal everything
[01:16:27.100 --> 01:16:31.100] Oh we do, okay. Absolutely, because the judge
[01:16:31.100 --> 01:16:35.100] Had ruled on the $80,000 claim
[01:16:35.100 --> 01:16:39.100] That was their claim, the judge ruled on it
[01:16:39.100 --> 01:16:43.100] Okay so we have enough on the record to be able to get to a appeals court
[01:16:43.100 --> 01:16:47.100] The only thing left is collection
[01:16:47.100 --> 01:16:51.100] And that's not part of adjudication, that's separate
[01:16:51.100 --> 01:16:55.100] And they're saying because we're going to break
[01:16:55.100 --> 01:16:59.100] We're about to fall off the cliff, we'll be right back
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[01:18:59.100 --> 01:19:27.100] Okay, we are back
[01:19:27.100 --> 01:19:31.100] Randy Kelton, Deborah Stevens, Rule of Law Radio
[01:19:31.100 --> 01:19:35.100] And we're talking to Tim in Texas
[01:19:35.100 --> 01:19:39.100] Okay, Tim. Okay
[01:19:39.100 --> 01:19:43.100] So, going into this appeals
[01:19:43.100 --> 01:19:47.100] Now, the date is on the 19th that I have to have my brief in
[01:19:47.100 --> 01:19:51.100] The city council meeting is the 20th
[01:19:51.100 --> 01:19:55.100] The attorneys want
[01:19:55.100 --> 01:19:59.100] Oh, that's what I was going to say. In the public meeting
[01:19:59.100 --> 01:20:03.100] They came out from executive session and said we're going to use Laura's
[01:20:03.100 --> 01:20:07.100] Copy. But since then, I have had
[01:20:07.100 --> 01:20:11.100] A private conversation with one of the council members and he said
[01:20:11.100 --> 01:20:15.100] Well, we can't really do that. We have to have the attorneys version of it
[01:20:15.100 --> 01:20:19.100] Because otherwise it makes it all null and void
[01:20:19.100 --> 01:20:23.100] Who told you that? The attorneys?
[01:20:23.100 --> 01:20:27.100] Apparently, the attorneys
[01:20:27.100 --> 01:20:31.100] Are schmoozing these guys to protect them
[01:20:31.100 --> 01:20:35.100] But it would just let everyone off the hook and I would be
[01:20:35.100 --> 01:20:39.100] Fine. But I don't want to be
[01:20:39.100 --> 01:20:43.100] Left out in the cold and all of this
[01:20:43.100 --> 01:20:47.100] I'm still doing a lot of research to try to figure out
[01:20:47.100 --> 01:20:51.100] Since the attorneys and the court separated
[01:20:51.100 --> 01:20:55.100] The two issues, you want to bring them back together and put them in court
[01:20:55.100 --> 01:20:59.100] Together. Now, the
[01:20:59.100 --> 01:21:03.100] Insurance, TML, they
[01:21:03.100 --> 01:21:07.100] Came in and said you can't do that because
[01:21:07.100 --> 01:21:11.100] The other part has not been adjudicated but you're going to say yes it has
[01:21:11.100 --> 01:21:15.100] Because of the summary judgment
[01:21:15.100 --> 01:21:19.100] What part of you must give them what they ask for
[01:21:19.100 --> 01:21:23.100] Is hard for them to understand
[01:21:23.100 --> 01:21:27.100] What is not adjudicated
[01:21:27.100 --> 01:21:31.100] And the order on which that occurred
[01:21:31.100 --> 01:21:35.100] Was the date we started
[01:21:35.100 --> 01:21:39.100] Counting to file the appeal and that order was labeled
[01:21:39.100 --> 01:21:43.100] Final judgment
[01:21:43.100 --> 01:21:47.100] So what part of that is hard to understand
[01:21:47.100 --> 01:21:51.100] If the judge did not intend it to be a final order
[01:21:51.100 --> 01:21:55.100] He would have used some other terminology but he didn't
[01:21:55.100 --> 01:21:59.100] Use other terminology so they'll have to change that part
[01:21:59.100 --> 01:22:03.100] We're going to appeal all of it and let them argue to the court of appeals
[01:22:03.100 --> 01:22:07.100] That this
[01:22:07.100 --> 01:22:11.100] Other part wasn't fully adjudicated
[01:22:11.100 --> 01:22:15.100] Well, the only part that it says final judgment, rendered final judgment
[01:22:15.100 --> 01:22:19.100] Is where they separated it and put the A at the end
[01:22:19.100 --> 01:22:23.100] Which was the countersuit
[01:22:23.100 --> 01:22:27.100] That's the one in August
[01:22:27.100 --> 01:22:31.100] That's final judgment
[01:22:31.100 --> 01:22:35.100] They already ruled on everything
[01:22:35.100 --> 01:22:39.100] Before the court, except collection
[01:22:39.100 --> 01:22:43.100] So they can't separate that
[01:22:43.100 --> 01:22:47.100] Can't see how
[01:22:47.100 --> 01:22:51.100] We're going to argue that
[01:22:51.100 --> 01:22:55.100] The court made you change the cause number
[01:22:55.100 --> 01:22:59.100] And we're going to argue that they're both
[01:22:59.100 --> 01:23:03.100] Final judgment was rendered on both so our notice of
[01:23:03.100 --> 01:23:07.100] Appeal was for both
[01:23:07.100 --> 01:23:11.100] There's nothing else for the court to rule on other than collections
[01:23:11.100 --> 01:23:15.100] And that would be interrupted by appeal
[01:23:15.100 --> 01:23:19.100] So we make that argument, let them argue
[01:23:19.100 --> 01:23:23.100] Otherwise
[01:23:23.100 --> 01:23:27.100] And essentially we'll claim that the
[01:23:27.100 --> 01:23:31.100] Severance in render was moot
[01:23:31.100 --> 01:23:35.100] Of no effect at all because final judgment
[01:23:35.100 --> 01:23:39.100] Was rendered at that time in both cases
[01:23:39.100 --> 01:23:43.100] Everything was completed
[01:23:43.100 --> 01:23:47.100] They just specified that it was a final judgment for the first
[01:23:47.100 --> 01:23:51.100] For the countersuit being thrown out
[01:23:51.100 --> 01:23:55.100] What part of everything was adjudicated is hard to understand
[01:23:55.100 --> 01:23:59.100] Everything they ask for
[01:23:59.100 --> 01:24:03.100] The judge ruled for them, what keeps the case open
[01:24:03.100 --> 01:24:07.100] Well
[01:24:07.100 --> 01:24:11.100] I guess somebody was having me look for
[01:24:11.100 --> 01:24:15.100] The words final judgment and that's the only thing I found
[01:24:15.100 --> 01:24:19.100] That document says final rule
[01:24:19.100 --> 01:24:23.100] Says final judgment, that's what it said
[01:24:23.100 --> 01:24:27.100] That's why we filed the appeal then
[01:24:27.100 --> 01:24:31.100] And they're saying it's not a final ruling on both
[01:24:31.100 --> 01:24:35.100] Yeah it is, the severance rendered was meaningless because
[01:24:35.100 --> 01:24:39.100] Everything they had asked for the court had granted them out of hand
[01:24:39.100 --> 01:24:43.100] There was nothing else to adjudicate
[01:24:43.100 --> 01:24:47.100] The only thing left was collection
[01:24:47.100 --> 01:24:51.100] The only thing that would be meaningless would be the
[01:24:51.100 --> 01:24:55.100] $80,000 part because my countersuit would have already been over
[01:24:55.100 --> 01:24:59.100] Because we never appealed it after February
[01:24:59.100 --> 01:25:03.100] We couldn't appeal it after February because the case was still
[01:25:03.100 --> 01:25:07.100] Ongoing
[01:25:07.100 --> 01:25:11.100] I thought they had separated when they dismissed it
[01:25:11.100 --> 01:25:15.100] No, the judge has, you just said
[01:25:15.100 --> 01:25:19.100] That he severed in August and now you're implying
[01:25:19.100 --> 01:25:23.100] That because he gave a ruling months before
[01:25:23.100 --> 01:25:27.100] That somehow the cases got ripped apart
[01:25:27.100 --> 01:25:31.100] Well the only reason I said that is because of what you said about
[01:25:31.100 --> 01:25:35.100] It being over with the summary judgment, he didn't say the word final judgment
[01:25:35.100 --> 01:25:39.100] But it was over, but he didn't do that until April 4th
[01:25:39.100 --> 01:25:43.100] It doesn't matter if there's other issues still
[01:25:43.100 --> 01:25:47.100] Going on, if he gives a final judgment on part of the case
[01:25:47.100 --> 01:25:51.100] And they filed the severance render
[01:25:51.100 --> 01:25:55.100] I think perhaps they were trying to
[01:25:55.100 --> 01:25:59.100] Trick you out of filing an appeal in time
[01:25:59.100 --> 01:26:03.100] But when they filed the severance render
[01:26:03.100 --> 01:26:07.100] The court had already ruled on all their claims
[01:26:07.100 --> 01:26:11.100] So they had already issued final judgments
[01:26:11.100 --> 01:26:15.100] This filing was stated as
[01:26:15.100 --> 01:26:19.100] A final judgment, they separated the two in two different cases
[01:26:19.100 --> 01:26:23.100] But that was moot because both of them were already
[01:26:23.100 --> 01:26:27.100] Finished, but either way
[01:26:27.100 --> 01:26:31.100] I don't care how the judge court rules, we're claiming
[01:26:31.100 --> 01:26:35.100] Both of them were finished at this time, they're going to claim the second one
[01:26:35.100 --> 01:26:39.100] Was not, well if the second one wasn't then our
[01:26:39.100 --> 01:26:43.100] Notice of appeal was just premature
[01:26:43.100 --> 01:26:47.100] And it sits in the record until somehow they determine
[01:26:47.100 --> 01:26:51.100] That there's a final judgment, I don't know how they would do that because there's nothing else
[01:26:51.100 --> 01:26:55.100] To rule, even if there was a final
[01:26:55.100 --> 01:26:59.100] Judgment, if they're complaining about discovery, even if there's
[01:26:59.100 --> 01:27:03.100] A final judgment in the case, the court can
[01:27:03.100 --> 01:27:07.100] Still, or has plenary jurisdiction to order discovery for the purpose of
[01:27:07.100 --> 01:27:11.100] Collections, but he can't do that if you've appealed the
[01:27:11.100 --> 01:27:15.100] Case, then all that stops
[01:27:15.100 --> 01:27:19.100] So they're trying to do this little song and dance so they can keep harassing you
[01:27:19.100 --> 01:27:23.100] On discovery
[01:27:23.100 --> 01:27:27.100] Yeah
[01:27:27.100 --> 01:27:31.100] So
[01:27:31.100 --> 01:27:35.100] Time to get to the appeals court and go after all of them
[01:27:35.100 --> 01:27:39.100] So the city doesn't want to
[01:27:39.100 --> 01:27:43.100] Mediate? Okay
[01:27:43.100 --> 01:27:47.100] Your subject matter jurisdiction claim
[01:27:47.100 --> 01:27:51.100] Has already been adjudicated in your favor
[01:27:51.100 --> 01:27:55.100] First thing I was going to tell you, I got a phone call today from a former
[01:27:55.100 --> 01:27:59.100] Council member who said that he's ready to go for the
[01:27:59.100 --> 01:28:03.100] Attorney general to go after the city for other things about
[01:28:03.100 --> 01:28:07.100] Misappropriation of funds, they won't tell anybody how much they've spent on the
[01:28:07.100 --> 01:28:11.100] Attorney on my case, about other issues in town that they've spent money
[01:28:11.100 --> 01:28:15.100] On, but he said he's also willing to
[01:28:15.100 --> 01:28:19.100] Testify that he was, you know
[01:28:19.100 --> 01:28:23.100] Different things, like one of the things that the mayor
[01:28:23.100 --> 01:28:27.100] Told him specifically that they were going to make
[01:28:27.100 --> 01:28:31.100] An example out of me
[01:28:31.100 --> 01:28:35.100] And you're, okay you have another claim that you're about to bring
[01:28:35.100 --> 01:28:39.100] This whole thing was about you
[01:28:39.100 --> 01:28:43.100] Using, parking some of your vehicles in the church parking lot next door
[01:28:43.100 --> 01:28:47.100] Yeah
[01:28:47.100 --> 01:28:51.100] $80,000 is about
[01:28:51.100 --> 01:28:55.100] Well, see they've got pictures of me with my, I've got tires on a tire rack
[01:28:55.100 --> 01:28:59.100] That I have, hold on, that's not what they're doing this $80,000
[01:28:59.100 --> 01:29:03.100] Over, because you fixed all that
[01:29:03.100 --> 01:29:07.100] It's the parking in the church parking lot
[01:29:07.100 --> 01:29:11.100] That's the one they're saying that you didn't fix
[01:29:11.100 --> 01:29:15.100] And therefore they could collect $1,000 a day
[01:29:15.100 --> 01:29:19.100] Well, there are other
[01:29:19.100 --> 01:29:23.100] Locations in town with the same issues, not enough parking
[01:29:23.100 --> 01:29:25.100] Right
[01:29:25.100 --> 01:29:29.100] And they refuse to adjudicate those
[01:29:29.100 --> 01:29:33.100] And while there are three primary businesses in town
[01:29:33.100 --> 01:29:37.100] That have the same issue, they're going to make an example of
[01:29:37.100 --> 01:29:41.100] You and let the others slide
[01:29:41.100 --> 01:29:45.100] Good luck with that guys
[01:29:45.100 --> 01:29:49.100] And hang on, we're about to have some good luck
[01:29:49.100 --> 01:29:53.100] I'm actually not going to fall off the cliff this time
[01:29:53.100 --> 01:29:57.100] This is Randy Kelton and Debra Stevens, Rule of Law Radio
[01:29:57.100 --> 01:30:01.100] I call in number 512-646-1984, we'll be right back
[01:30:01.100 --> 01:30:05.100] The Bill of Rights contains the first ten amendments of our Constitution
[01:30:05.100 --> 01:30:09.100] They guarantee the specific freedoms Americans should know and protect
[01:30:09.100 --> 01:30:13.100] I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember
[01:30:13.100 --> 01:30:41.100] One of your constitutional rights
[01:30:41.100 --> 01:30:45.100] Start over with Start Page
[01:30:45.100 --> 01:30:49.100] When I think of the second amendment, I visualize myself wrapping my two arms
[01:30:49.100 --> 01:30:53.100] Around the Bill of Rights in a big old bear hug
[01:30:53.100 --> 01:30:57.100] It's how I remember that the second amendment guarantees us the right to bear arms
[01:30:57.100 --> 01:31:01.100] Arms that embrace our freedoms and won't let anyone take them away without a fight
[01:31:01.100 --> 01:31:05.100] Get it? Two arms, bear hug, bear arms?
[01:31:05.100 --> 01:31:09.100] The late Senator Hubert Humphrey captured the spirit of the second amendment so well
[01:31:09.100 --> 01:31:13.100] One of the reasons to bear arms is just one guarantee against arbitrary government
[01:31:13.100 --> 01:31:17.100] One more safeguard against the tyranny, which now appears remote in America
[01:31:17.100 --> 01:31:21.100] But which historically has proved to always be possible
[01:31:21.100 --> 01:31:25.100] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com
[01:31:29.100 --> 01:31:33.100] This is Building 7, a 47-story skyscraper
[01:31:33.100 --> 01:31:37.100] That fell on the afternoon of September 11th
[01:31:37.100 --> 01:31:41.100] I brought it down. However, 1,500 architects and engineers concluded
[01:31:41.100 --> 01:31:45.100] It was a controlled demolition. Over 6,000 of my fellow service members have given
[01:31:45.100 --> 01:31:49.100] Their lives, but thousands of my fellow first responders are dying. I'm not a conspiracy
[01:31:49.100 --> 01:31:53.100] Theorist. I'm a structural engineer. I'm a New York City correction officer. I'm an Air Force pilot
[01:31:53.100 --> 01:31:57.100] I'm a father who lost his son. We're Americans, and we deserve the truth
[01:31:57.100 --> 01:32:01.100] Go to RememberBuilding7.org today
[01:32:01.100 --> 01:32:05.100] Hey, it's Danny here for Hill Country Home Improvements. Did your home receive hail or wind damage from the recent storms?
[01:32:05.100 --> 01:32:09.100] Come on, we all know the government caused it with their chemtrails
[01:32:09.100 --> 01:32:13.100] But good luck getting them to pay for it. Okay, I might be kidding about the chemtrails
[01:32:13.100 --> 01:32:17.100] But I'm serious about your roof. That's why you have insurance, and Hill Country Home Improvements
[01:32:17.100 --> 01:32:21.100] Can handle the claim for you with little to no out-of-pocket expense
[01:32:21.100 --> 01:32:25.100] And we accept bitcoin. As a multi-year, A-plus member of the Better Business Bureau
[01:32:25.100 --> 01:32:29.100] With zero complaints, you can trust Hill Country Home Improvements
[01:32:29.100 --> 01:32:33.100] To handle your claim and your roof right the first time
[01:32:33.100 --> 01:32:37.100] Call 512-992-8745
[01:32:37.100 --> 01:32:41.100] Or go to HillCountryHomeImprovements.com
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[01:32:45.100 --> 01:32:49.100] And we'll donate another $100 to the Logos Radio Network to help continue this programming
[01:32:49.100 --> 01:32:53.100] So if those out-of-town roofers come knockin', your door should be lockin'
[01:32:53.100 --> 01:32:57.100] That's 512-992-8745
[01:32:57.100 --> 01:33:01.100] Or HillCountryHomeImprovements.com
[01:33:01.100 --> 01:33:05.100] You are listening to the Logos Radio Network
[01:33:05.100 --> 01:33:33.100] LogosRadioNetwork.com
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[01:34:51.100 --> 01:34:55.100] If you purchase those products, those of us who produce them
[01:34:55.100 --> 01:34:59.100] We pretty well give everything that comes in to the show
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[01:35:11.100 --> 01:35:15.100] Because right now we're really struggling
[01:35:15.100 --> 01:35:19.100] With that said, there was one other thing I wanted to address
[01:35:19.100 --> 01:35:23.100] Coming in. Tim and I are going over some
[01:35:23.100 --> 01:35:27.100] Really fine detail of a case
[01:35:27.100 --> 01:35:31.100] And I'm hoping that my listeners understand
[01:35:31.100 --> 01:35:35.100] Why we do this. On this show
[01:35:35.100 --> 01:35:39.100] I only have two hours today, but tomorrow I have four hours
[01:35:39.100 --> 01:35:43.100] We can actually go into
[01:35:43.100 --> 01:35:47.100] Some depth. If you listen to a lot of talk shows
[01:35:47.100 --> 01:35:51.100] Someone can come on the air and they can talk for two minutes
[01:35:51.100 --> 01:35:55.100] And then like Alex Jones, he don't have time
[01:35:55.100 --> 01:35:59.100] He's got so many people he goes through
[01:35:59.100 --> 01:36:03.100] He doesn't have time to go into anything in depth
[01:36:03.100 --> 01:36:07.100] And the thing about what Tim and I are doing here is I'm trying to demonstrate
[01:36:07.100 --> 01:36:11.100] This is how we analyze legal issues
[01:36:11.100 --> 01:36:15.100] And Tim's newer at it and there's some things
[01:36:15.100 --> 01:36:19.100] He doesn't always get immediately. The other side
[01:36:19.100 --> 01:36:23.100] The lawyers say this garbage or that garbage or the other garbage
[01:36:23.100 --> 01:36:27.100] And he doesn't, you know, they're lawyers so he assumes that what they're saying
[01:36:27.100 --> 01:36:31.100] Actually means something. Well, maybe it does
[01:36:31.100 --> 01:36:35.100] Maybe it don't. And the point of this is
[01:36:35.100 --> 01:36:39.100] We look at what they're saying because we know they're dirty rotten scoundrels
[01:36:39.100 --> 01:36:43.100] Their only purpose is to win their case
[01:36:43.100 --> 01:36:47.100] And they don't care about truth or the right of things
[01:36:47.100 --> 01:36:51.100] None of that stuff. They only care about winning their case
[01:36:51.100 --> 01:36:55.100] So if a lawyer's lips are moving
[01:36:55.100 --> 01:36:59.100] You have to assume that he's lying
[01:36:59.100 --> 01:37:03.100] So if he's lying, how do we take what he says
[01:37:03.100 --> 01:37:07.100] And work our way around it
[01:37:07.100 --> 01:37:11.100] And that's what we're doing here and that's why I sometimes spend a lot of time on these things
[01:37:11.100 --> 01:37:15.100] So you understand better
[01:37:15.100 --> 01:37:19.100] How to deal with a lawyer
[01:37:19.100 --> 01:37:23.100] How to do the give and take and not accept what they say
[01:37:23.100 --> 01:37:27.100] Or the lawyer or the judge or anyone else, not accept what they say
[01:37:27.100 --> 01:37:31.100] On faith. You know, I have these rules and one of them is
[01:37:31.100 --> 01:37:35.100] Never make a proactive statement of law
[01:37:35.100 --> 01:37:39.100] Out of your own mouth
[01:37:39.100 --> 01:37:43.100] And the lawyer says, well you gotta do this, you gotta do the other
[01:37:43.100 --> 01:37:47.100] I don't want to hear that garbage. I want to hear what the law
[01:37:47.100 --> 01:37:51.100] Specifically says I must do. What statute
[01:37:51.100 --> 01:37:55.100] What case, exactly what the judges
[01:37:55.100 --> 01:37:59.100] And the legislature said I must do. I do not care
[01:37:59.100 --> 01:38:03.100] What a lawyer says. I only care what the courts and the legislature
[01:38:03.100 --> 01:38:07.100] Have said. So if you don't give me
[01:38:07.100 --> 01:38:11.100] Case law and statute, you're just blowing
[01:38:11.100 --> 01:38:15.100] Hot air and we need to
[01:38:15.100 --> 01:38:19.100] Understand that that's the case
[01:38:19.100 --> 01:38:23.100] And even when you do give me case law, I don't trust it
[01:38:23.100 --> 01:38:27.100] I always read the case law
[01:38:27.100 --> 01:38:31.100] Because the lawyers, they don't need the case law for the most part
[01:38:31.100 --> 01:38:35.100] This is, some of the things in doing this
[01:38:35.100 --> 01:38:39.100] Tool that I'm building, there are some things that came out of it
[01:38:39.100 --> 01:38:43.100] And recently a realization came out of it about
[01:38:43.100 --> 01:38:47.100] Lexis and Westlaw and these other online search engines
[01:38:47.100 --> 01:38:51.100] They ruined the practice of law
[01:38:51.100 --> 01:38:55.100] Back in the 70s and prior 70s
[01:38:55.100 --> 01:38:59.100] You had lawyers in general practice
[01:38:59.100 --> 01:39:03.100] You could go to a lawyer and whatever your issue was
[01:39:03.100 --> 01:39:07.100] They don't handle it. But then at the end of the 70s
[01:39:07.100 --> 01:39:11.100] All that changed. You started having lawyers
[01:39:11.100 --> 01:39:15.100] Focusing on really fine-tuned areas of law
[01:39:15.100 --> 01:39:19.100] Reason for that
[01:39:19.100 --> 01:39:23.100] Prior to that time, we had the legal
[01:39:23.100 --> 01:39:27.100] Encyclopedias. From the time of the Magna Carta
[01:39:27.100 --> 01:39:31.100] When they had scribes
[01:39:31.100 --> 01:39:35.100] They went to what they call Cora Portis
[01:39:35.100 --> 01:39:39.100] They would take down what happened in the case and then they would add
[01:39:39.100 --> 01:39:43.100] Keywords to it to indicate what the case was about
[01:39:43.100 --> 01:39:47.100] What different parts of the case was about
[01:39:47.100 --> 01:39:51.100] Then they collected those keywords into a legal encyclopedia
[01:39:51.100 --> 01:39:55.100] So you go into this huge law library
[01:39:55.100 --> 01:39:59.100] With books and rows of books everywhere
[01:39:59.100 --> 01:40:03.100] You know where all that garbage is. So the first thing you go to
[01:40:03.100 --> 01:40:07.100] Is a legal encyclopedia. And you take the keywords
[01:40:07.100 --> 01:40:11.100] Divorce
[01:40:11.100 --> 01:40:15.100] And then in divorce, child custody
[01:40:15.100 --> 01:40:19.100] And in child custody, infidelity
[01:40:19.100 --> 01:40:23.100] And you could go down through these keywords and work down to
[01:40:23.100 --> 01:40:27.100] A keyword that would have 15, 20
[01:40:27.100 --> 01:40:31.100] Cases that were pretty well controlling cases on that
[01:40:31.100 --> 01:40:35.100] Issue. And then you only had these cases to look through
[01:40:35.100 --> 01:40:39.100] You could look them up and then you go down and pull the book
[01:40:39.100 --> 01:40:43.100] You know these case designations are always
[01:40:43.100 --> 01:40:47.100] Book number, publisher, page number in the book
[01:40:47.100 --> 01:40:51.100] That's what 18 US Code 242
[01:40:51.100 --> 01:40:55.100] Is. The code is 18
[01:40:55.100 --> 01:40:59.100] I mean the chapter's 18, the code that it's published
[01:40:59.100 --> 01:41:03.100] In is USC, the page is
[01:41:03.100 --> 01:41:07.100] 242. All of the citations are that way
[01:41:07.100 --> 01:41:11.100] So you can go look them up. Well, Lexis and Westlow, first
[01:41:11.100 --> 01:41:15.100] Westlow came along and they said, hey guys, you don't have to be
[01:41:15.100 --> 01:41:19.100] Stuck with 15 or 20 controlling cases
[01:41:19.100 --> 01:41:23.100] You can use our whiz bang tool and you can search
[01:41:23.100 --> 01:41:27.100] Every case in the library
[01:41:27.100 --> 01:41:31.100] So now you go on Westlow or Lexis and you do
[01:41:31.100 --> 01:41:35.100] A search and instead of whittling it down to 20 or 30
[01:41:35.100 --> 01:41:39.100] Pretty well controlling cases
[01:41:39.100 --> 01:41:43.100] Now you get 10,000
[01:41:43.100 --> 01:41:47.100] You gotta try to figure out a string of terms
[01:41:47.100 --> 01:41:51.100] A string of letters that create a
[01:41:51.100 --> 01:41:55.100] Set of words that will appear in a case on your
[01:41:55.100 --> 01:41:59.100] Specific point and nothing else
[01:41:59.100 --> 01:42:03.100] Good luck with that. Your first search will
[01:42:03.100 --> 01:42:07.100] Generally get you 10 to 20,000 hits
[01:42:07.100 --> 01:42:11.100] And you go through some cases and kind of try to figure out
[01:42:11.100 --> 01:42:15.100] How to focus your terms so you get less cases
[01:42:15.100 --> 01:42:19.100] Ask any lawyer how many cases they have to go through to find the first case
[01:42:19.100 --> 01:42:23.100] At some point. They'll tell you 50 to 100
[01:42:23.100 --> 01:42:27.100] I asked the second in command of the
[01:42:27.100 --> 01:42:31.100] North Carolina Bar Association, have you ever
[01:42:31.100 --> 01:42:35.100] Produced a motion
[01:42:35.100 --> 01:42:39.100] Pleading a brief and filed it with the court
[01:42:39.100 --> 01:42:43.100] Where you were confident that the lawyer on the other side didn't find
[01:42:43.100 --> 01:42:47.100] A case that you missed and he's gonna come in and wipe the floor
[01:42:47.100 --> 01:42:51.100] At you. And she said, never
[01:42:51.100 --> 01:42:55.100] That's why lawyers focus on
[01:42:55.100 --> 01:42:59.100] Really fine tuned areas of law
[01:42:59.100 --> 01:43:03.100] They can't find the case law. That's the value of this tool
[01:43:03.100 --> 01:43:07.100] That we're building. But it's also a warning
[01:43:07.100 --> 01:43:11.100] If you're dealing with lawyers and they're citing case law
[01:43:11.100 --> 01:43:15.100] They're having to use LexisNexis or Westlaw
[01:43:15.100 --> 01:43:19.100] I don't know if they're even producing American jurisprudence anymore
[01:43:19.100 --> 01:43:23.100] There's no way to whittle it down, there's
[01:43:23.100 --> 01:43:27.100] Hundreds and hundreds of cases out there
[01:43:27.100 --> 01:43:31.100] So a lawyer finds something that kind of looks like what he needs
[01:43:31.100 --> 01:43:35.100] And then he tries to construe what's in the case to fit what he needs
[01:43:35.100 --> 01:43:39.100] And most of the time is garbage
[01:43:39.100 --> 01:43:43.100] You go through and read the cases and it is astounding
[01:43:43.100 --> 01:43:47.100] The percentage of time the case will have nothing to do with what you're
[01:43:47.100 --> 01:43:51.100] What you're dealing with. Hang on, Randy Kelton, Wheel of Law Radio
[01:43:51.100 --> 01:43:55.100] I'm not gonna go out to call a number, we're going to the last segment
[01:43:55.100 --> 01:43:59.100] And I'm sorry I took up your time, Jim, but we'll pick it up on the other side, we'll be right back
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[01:44:59.100 --> 01:45:03.100] Are you the plaintiff or defendant in a lawsuit?
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[01:45:27.100 --> 01:45:31.100] Jurisdictionary was created by a licensed attorney
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[01:45:35.100 --> 01:45:39.100] And if you're not in a lawsuit, you can learn what everyone should understand
[01:45:39.100 --> 01:45:43.100] About the principles and practices that control our American courts
[01:45:43.100 --> 01:45:47.100] You'll receive our audio classroom, video seminar
[01:45:47.100 --> 01:45:51.100] Tutorials, forms for civil cases, pro se tactics
[01:45:51.100 --> 01:45:55.100] And much more, please visit ruleoflawradio.com
[01:45:55.100 --> 01:46:05.100] And click on the banner or call toll free 866-LAW-EZ
[01:46:25.100 --> 01:46:31.100] I will never understand some things I realize fully
[01:46:31.100 --> 01:46:35.100] Somebody's on the police, a policeman
[01:46:35.100 --> 01:46:39.100] Somebody's on the police, a bully
[01:46:39.100 --> 01:46:45.100] There's always a room at the top of the hill
[01:46:45.100 --> 01:46:49.100] I hear through the grave mine and his lonely love still
[01:46:49.100 --> 01:46:53.100] They're wishing it was more than opposition to feel
[01:46:53.100 --> 01:46:59.100] They know that if they don't do it, somebody will come back
[01:46:59.100 --> 01:47:05.100] And this world will never understand some things I realize fully
[01:47:05.100 --> 01:47:11.100] Okay, we are back, Randy Kelton, Deborah Stevens of Rule of Law Radio
[01:47:11.100 --> 01:47:15.100] And Tim, I'm sorry you used up your whole segment, but
[01:47:15.100 --> 01:47:19.100] I kind of needed to explain what we're doing here
[01:47:19.100 --> 01:47:25.100] The position we find ourselves in is there's so much case law out there
[01:47:25.100 --> 01:47:35.100] And because of the search engines, there just simply is no controlling case law
[01:47:35.100 --> 01:47:41.100] And there are cases that would be absolutely dead on point, but
[01:47:41.100 --> 01:47:45.100] There's just no way to find them
[01:47:45.100 --> 01:47:49.100] I'm talking to some AI people
[01:47:49.100 --> 01:47:55.100] And we're trying to develop a tool that can go look at the case law
[01:47:55.100 --> 01:47:57.100] And separate it out
[01:47:57.100 --> 01:48:05.100] You know, I build these maps and we have all the legal elements, points and issues
[01:48:05.100 --> 01:48:09.100] And we're trying to build an AI engine that can go look at the cases
[01:48:09.100 --> 01:48:13.100] And break them apart and look at the pieces in them
[01:48:13.100 --> 01:48:19.100] And put links to each point in our map to a case that relates to that
[01:48:19.100 --> 01:48:22.100] But I haven't found a way to do that
[01:48:22.100 --> 01:48:26.100] Now, I can tell it to go look at all the statutes
[01:48:26.100 --> 01:48:32.100] And put links to a case that mentions this statute
[01:48:32.100 --> 01:48:34.100] I can sort the cases that way
[01:48:34.100 --> 01:48:44.100] But within a statute, there's probably a thousand cases on any one chapter, sub-chapter, paragraph, sub-paragraph
[01:48:44.100 --> 01:48:47.100] On any one, there's probably a thousand cases
[01:48:47.100 --> 01:48:55.100] So how do you break these down into exact cases on point?
[01:48:55.100 --> 01:48:59.100] Now, a human being can do it once they've read the case
[01:48:59.100 --> 01:49:05.100] So we set up this tool where they can, lawyers can take this legal point
[01:49:05.100 --> 01:49:09.100] They got this case that goes to that legal point and drop it in there
[01:49:09.100 --> 01:49:14.100] But how do we take the existing case law and do that?
[01:49:14.100 --> 01:49:24.100] Judges have attempted to write their orders so that they say, okay, we're looking at this fine-tuned point right here
[01:49:24.100 --> 01:49:28.100] We've made decisions on this side of the point
[01:49:28.100 --> 01:49:32.100] And this is an empty space in between we're filling in
[01:49:32.100 --> 01:49:44.100] And they have struggled to try to find a way to structure their verbiage so that a lawyer can figure this out
[01:49:44.100 --> 01:49:47.100] But each of the judges seems to have done that themselves
[01:49:47.100 --> 01:49:53.100] There's no pat way, no fixed way of doing this
[01:49:53.100 --> 01:50:04.100] And there's probably something underneath all of this that we human beings do that is the same
[01:50:04.100 --> 01:50:07.100] But I haven't found it yet
[01:50:07.100 --> 01:50:12.100] And until I do find it, we've got this problem with too much case law
[01:50:12.100 --> 01:50:15.100] We have it, the lawyer on the other side has it
[01:50:15.100 --> 01:50:23.100] Point is, when the lawyer brings law to the table, check it really close
[01:50:23.100 --> 01:50:32.100] Because the odds are greatly in favor of him not being able to find the case he needs
[01:50:32.100 --> 01:50:41.100] So he finds some case that appears to be close and tries to twist that case to fit his issue
[01:50:41.100 --> 01:50:50.100] And what Tim and I were doing here is trying to go through all of the facts and the law
[01:50:50.100 --> 01:50:56.100] And sort out what the actual issue is
[01:50:56.100 --> 01:51:03.100] So then we can look at the cases and the law the lawyer on the other side brings
[01:51:03.100 --> 01:51:12.100] And compare it to what the real issue is because it's clear in Tim's case
[01:51:12.100 --> 01:51:16.100] The lawyers are trying to misdirect the court onto issues that are irrelevant
[01:51:16.100 --> 01:51:23.100] They're trying to say to the court that the court did not render a final ruling when it absolutely did
[01:51:23.100 --> 01:51:29.100] But they can find case law that they can twist and make it look like
[01:51:29.100 --> 01:51:33.100] What they're saying is correct
[01:51:33.100 --> 01:51:39.100] And sometimes they take case law and just misconstrue it altogether
[01:51:39.100 --> 01:51:45.100] So we need a methodology for working through these issues in detail
[01:51:45.100 --> 01:51:50.100] And when I complain about pronouns
[01:51:50.100 --> 01:51:55.100] And when I complain about making proactive statements of law out of your own mouth
[01:51:55.100 --> 01:51:59.100] It's part of this discipline
[01:51:59.100 --> 01:52:06.100] That we structurally be real careful about what we say and think about these cases
[01:52:06.100 --> 01:52:11.100] So we can get them finally focused in a way that the other side can't get around
[01:52:11.100 --> 01:52:15.100] Kim, does that make sense?
[01:52:15.100 --> 01:52:17.100] Yeah, it does
[01:52:17.100 --> 01:52:19.100] Well that's exactly what I've been trying to do
[01:52:19.100 --> 01:52:23.100] Because, you know, I've been accused of being obsessive
[01:52:23.100 --> 01:52:25.100] But it's because I'm digging
[01:52:25.100 --> 01:52:26.100] Now wait a minute
[01:52:26.100 --> 01:52:30.100] I only accused you of being obsessive, obsessive ten times
[01:52:30.100 --> 01:52:31.100] Okay
[01:52:31.100 --> 01:52:32.100] Okay, maybe eleven
[01:52:32.100 --> 01:52:33.100] I didn't say it was you
[01:52:33.100 --> 01:52:34.100] I didn't say it was you
[01:52:34.100 --> 01:52:36.100] What I'm saying, I'm trying to
[01:52:36.100 --> 01:52:39.100] That's why I'm looking for the needle in the haystack
[01:52:39.100 --> 01:52:41.100] But you say it's not there
[01:52:41.100 --> 01:52:43.100] Is that what you're saying?
[01:52:43.100 --> 01:52:49.100] I'm saying that these lawyers are telling you something
[01:52:49.100 --> 01:52:57.100] And you're presuming that what these lawyers are saying has fact and law behind it
[01:52:57.100 --> 01:52:58.100] Yeah
[01:52:58.100 --> 01:52:59.100] It might
[01:52:59.100 --> 01:53:03.100] But also, they could be lying like dogs
[01:53:03.100 --> 01:53:08.100] Well, the one case that they used against me in the district court
[01:53:08.100 --> 01:53:15.100] To get their summary judgment, I think, was when they used a place in Dallas
[01:53:15.100 --> 01:53:21.100] That was a liquor store, but it was not in the zoning where it was supposed to be
[01:53:21.100 --> 01:53:23.100] They used that case
[01:53:23.100 --> 01:53:28.100] Where the guy opened up and they went and they fined him so many thousand dollars a day
[01:53:28.100 --> 01:53:34.100] I mean, when I actually read it, I was like, this has nothing to do with my case
[01:53:34.100 --> 01:53:37.100] And that's what you find
[01:53:37.100 --> 01:53:39.100] My favorite one is Ben Drumm
[01:53:39.100 --> 01:53:42.100] Ben Drumm, the IRS is coming after him
[01:53:42.100 --> 01:53:45.100] He's fighting them
[01:53:45.100 --> 01:53:54.100] The IRS agents filed some, I mean, the lawyers filed a pleading and they referenced two particular cases
[01:53:54.100 --> 01:53:57.100] And Ken Magnussen and I were helping Ben
[01:53:57.100 --> 01:54:01.100] And we both told him, read their cases
[01:54:01.100 --> 01:54:05.100] He called us back laughing
[01:54:05.100 --> 01:54:08.100] He said, you are not going to believe this
[01:54:08.100 --> 01:54:14.100] The two paragraphs out of this one case these lawyers cited
[01:54:14.100 --> 01:54:23.100] When he read the case, the court said, this is what used to be the law
[01:54:23.100 --> 01:54:29.100] But we are overturning that and this is what's now the law
[01:54:29.100 --> 01:54:31.100] Oh my God
[01:54:31.100 --> 01:54:36.100] They ran their search and found a hit on exactly what they wanted
[01:54:36.100 --> 01:54:43.100] They didn't read the case, they just selected that section out and dropped it in the pleading
[01:54:43.100 --> 01:54:46.100] And the court had said it was the opposite
[01:54:46.100 --> 01:54:53.100] He took their same pleading and filed it, what it actually said back with the court
[01:54:53.100 --> 01:54:59.100] And the judge was furious at these IRS lawyers
[01:54:59.100 --> 01:55:07.100] We had one case, Rodriguez v. State, that was quoted by the US Supreme
[01:55:07.100 --> 01:55:09.100] It was a Texas case
[01:55:09.100 --> 01:55:13.100] Eddie Craig called me once, he said, do you remember Rodriguez v. State?
[01:55:13.100 --> 01:55:15.100] I said, yes I do
[01:55:15.100 --> 01:55:17.100] He said, I finally read it
[01:55:17.100 --> 01:55:20.100] And this is about traffic
[01:55:20.100 --> 01:55:23.100] He said, it has nothing to do with traffic
[01:55:23.100 --> 01:55:25.100] Say what?
[01:55:25.100 --> 01:55:35.100] In fact, none of the quotations attributed to Rodriguez v. State are in Rodriguez v. State
[01:55:35.100 --> 01:55:39.100] How does that happen?
[01:55:39.100 --> 01:55:41.100] It took a while to figure that out
[01:55:41.100 --> 01:55:44.100] You got well respected lawyer here
[01:55:44.100 --> 01:55:46.100] He goes to his paralegal
[01:55:46.100 --> 01:55:50.100] Here, write this pleading for me
[01:55:50.100 --> 01:55:54.100] Put in this quote, goes to this case, this quote goes to this case
[01:55:54.100 --> 01:55:57.100] The paralegal got the wrong citation in there
[01:55:57.100 --> 01:55:59.100] Made an honest mistake
[01:55:59.100 --> 01:56:01.100] The court gets it
[01:56:01.100 --> 01:56:05.100] Lawyers on the other side respect this lawyer
[01:56:05.100 --> 01:56:11.100] They don't say, well he's a stupid lawyer and he doesn't know what he's talking about
[01:56:11.100 --> 01:56:17.100] If he quotes law, they accept that he's quoting good law
[01:56:17.100 --> 01:56:21.100] None of them know that the paralegal screwed it up
[01:56:21.100 --> 01:56:24.100] So the court accepts it, goes to the court of appeals
[01:56:24.100 --> 01:56:26.100] The court of appeals doesn't check it
[01:56:26.100 --> 01:56:28.100] Because they trust this lawyer
[01:56:28.100 --> 01:56:31.100] Gets all the way up to the supreme
[01:56:31.100 --> 01:56:34.100] And the supreme got it from the court of appeals
[01:56:34.100 --> 01:56:38.100] If the court of appeals says it's good, we have no reason to challenge it
[01:56:38.100 --> 01:56:44.100] So we've got this garbage case law making it all the way to the supreme
[01:56:44.100 --> 01:56:49.100] This happens all the time
[01:56:49.100 --> 01:56:57.100] If you get arrested in Texas for a misdemeanor, you will not be taken to a magistrate
[01:56:57.100 --> 01:57:01.100] And they quote Troy v. State
[01:57:01.100 --> 01:57:16.100] If you read Troy v. State, it has nothing to do with a examining trial in a misdemeanor case
[01:57:16.100 --> 01:57:25.100] It quotes a 1601 Texas Code of Criminal Procedure
[01:57:25.100 --> 01:57:40.100] Where it says, in the matter of a felony, the accused has a right to an examining trial before indictment
[01:57:40.100 --> 01:57:48.100] And they said, because it says that, you don't have a right to an examining trial in a misdemeanor
[01:57:48.100 --> 01:57:56.100] And I've had a number of judges say to me, you don't have a right to an examining trial in a misdemeanor, therefore you can't have one
[01:57:56.100 --> 01:57:59.100] Or you come up with that nonsense
[01:57:59.100 --> 01:58:05.100] Examining trial's not a right, it's a statutory prescription
[01:58:05.100 --> 01:58:09.100] So the case law was trash
[01:58:09.100 --> 01:58:14.100] They changed everything on trash case law
[01:58:14.100 --> 01:58:17.100] Read the case law carefully
[01:58:17.100 --> 01:58:22.100] And you'll be surprised how much you can beat that lawyer up on the other side
[01:58:22.100 --> 01:58:24.100] We are out of time
[01:58:24.100 --> 01:58:27.100] John, Tina, Eric, I'm sorry I missed you
[01:58:27.100 --> 01:58:30.100] Call back tomorrow night, we'll get to everybody
[01:58:30.100 --> 01:58:32.100] That's why I like that four hour show
[01:58:32.100 --> 01:58:38.100] Sometimes I struggle to get through to the end, but we actually get to get to everybody for the most part
[01:58:38.100 --> 01:58:43.100] Thank you all for listening, make sure you tune in tomorrow night
[01:58:43.100 --> 01:59:09.100] Good night
[01:59:13.100 --> 01:59:16.100] 888-551-0102
[01:59:16.100 --> 01:59:20.100] Or visit us online at bfa.org
[01:59:20.100 --> 01:59:25.100] This translation is highly accurate and it comes with over 13,000 cross references
[01:59:25.100 --> 01:59:29.100] Plus charts and maps and an outline for every book of the Bible
[01:59:29.100 --> 01:59:32.100] This is truly a Bible you can understand
[01:59:32.100 --> 01:59:35.100] To get your free copy of the New Testament recovery version
[01:59:35.100 --> 01:59:40.100] Call us toll free at 888-551-0102
[01:59:40.100 --> 01:59:44.100] That's 888-551-0102
[01:59:44.100 --> 02:00:10.100] Or visit us online at bfa.org