ROL_2018-12-07_16k_Hr1-2.timecode

[00:00.000 --> 00:07.000]  The Falling Use Flash is brought to you by The Low Star Lowdown
[00:07.000 --> 00:13.640]  Markets for Friday, December 7, 2018 Open with Precious Metals, Gold at $1,245.08 an
[00:13.640 --> 00:20.880]  ounce, Silver $14.58 an ounce, Copper $2.74 an ounce, Oil, Texas Crude $51.49 a barrel,
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[00:35.720 --> 00:44.400]  History, the year 1972, the last Apollo Moon mission Apollo 17 has launched, during which
[00:44.400 --> 00:49.200]  the crew took the famous photograph known as the Blue Marble as they left the Earth.
[00:49.200 --> 00:57.800]  Apollo 17, last of the Apollo Moon missions, took flight today in history.
[00:57.800 --> 01:02.240]  In recent years, in 2017 alone, law enforcement agencies and prosecutors throughout the state
[01:02.240 --> 01:06.840]  of Texas confiscated more than $50 million in cash, cars, jewelry, clothing, art and
[01:06.840 --> 01:11.760]  other property via both criminal forfeiture, which requires charge and civil forfeiture,
[01:11.760 --> 01:12.760]  which doesn't.
[01:12.760 --> 01:16.520]  And since the Texas Attorney General's office, which keeps tabs on these figures, does not
[01:16.520 --> 01:20.160]  distinguish between the two, it's unclear as to how much was taken from people who were
[01:20.160 --> 01:21.160]  never charged.
[01:21.160 --> 01:24.600]  The practice of civil forfeiture has been under scrutiny for several years now.
[01:24.600 --> 01:29.120]  With the ACLU, legislators and even former Texas Supreme Court judges raising criticisms
[01:29.120 --> 01:33.680]  against such actions, unfortunately, to not much avail as of yet due mostly to the resistance
[01:33.680 --> 01:38.360]  from police union and sheriffs, who argue it's necessary for solving crime across the
[01:38.360 --> 01:42.720]  state, seems that next year might bring about more attempts to reforming these practices,
[01:42.720 --> 01:48.720]  the last successful ones of which were back in 2011.
[01:48.720 --> 01:52.400]  Texas Governor Greg Abbott and several officials at the Texas Department of Public Safety were
[01:52.400 --> 01:57.160]  sued by the National Civil Rights Nonprofit Equal Justice under the Law last Wednesday
[01:57.160 --> 02:01.600]  in an attempt to end Texas' driver responsibility program that apparently led to the suspension
[02:01.600 --> 02:04.360]  of 1.4 million Texas driver licenses.
[02:04.360 --> 02:08.760]  The program imposes surcharges like $250 per year for three years for driving with an
[02:08.760 --> 02:13.320]  in-battle license and up to $2,000 per year for three years for a DWI charge, where the
[02:13.320 --> 02:18.560]  driver is caught with a blood alcohol level of 0.16 or higher, and surcharges for drivers
[02:18.560 --> 02:22.520]  who have too many points on their licenses for moving violations or moving violations
[02:22.520 --> 02:24.000]  resulting in an accident.
[02:24.000 --> 02:27.680]  Phil Tilafein, the lead attorney in the case and executive director of Equal Justice under
[02:27.680 --> 02:32.120]  the Law, stated that, quote, this unfair license suspension scheme particularly targets Texas'
[02:32.120 --> 02:36.160]  most impoverished residents who are often unaware additional charges are owed under
[02:36.160 --> 02:37.760]  the DRP.
[02:37.760 --> 02:41.720]  Individuals who cannot pay will often lose their job and their home, becoming homeless
[02:41.720 --> 02:45.280]  for a minor ticket that wealthier drivers simply pay and forget.
[02:45.280 --> 02:49.880]  Justice and Democrat Boris Miles and Edgewood Republican Bob Hall have both filed bills
[02:49.880 --> 03:19.480]  that would end the driver responsibility program.
[03:19.480 --> 03:31.320]  Okay, howdy, howdy, Randy Kelton, rule of law radio on this, the seventh day of December
[03:31.320 --> 03:40.360]  2018 Pearl Harbor Day and the birthday of the first girl ever to break my heart.
[03:40.360 --> 03:45.960]  Okay, I am running the boards myself today.
[03:45.960 --> 03:51.760]  So when I brought us in, I didn't hear any sound from the system.
[03:51.760 --> 03:59.400]  So I'm going to go to Rick in Texas to see if I can actually hear Rick, Rick are you there?
[03:59.400 --> 04:01.880]  I am here, Randy, how are you?
[04:01.880 --> 04:06.080]  Well, this is not a good sign.
[04:06.080 --> 04:15.520]  I don't hear anything from the network, so I appear to be test checked in.
[04:15.520 --> 04:20.560]  They're with me just a moment while I do some tests.
[04:20.560 --> 04:31.000]  If I can figure out how to work Skype these days, I need to figure to go in and do a test
[04:31.000 --> 04:44.240]  Skype call settings, audio, video, okay, I have no sound back from the system give me
[04:44.240 --> 05:08.920]  one moment, check, check one, two, I am still getting no sound from the system.
[05:08.920 --> 05:20.760]  Oh, sorry folks, I figured it out, it seems that I have a bad plug on my mixer, Rick are
[05:20.760 --> 05:21.760]  you there?
[05:21.760 --> 05:24.160]  I'm here, Randy, how are you?
[05:24.160 --> 05:30.240]  Oh, I'm better, got everything working, I thought I had a malfunction.
[05:30.240 --> 05:34.560]  Okay, what do you have for us today?
[05:34.560 --> 05:41.800]  Well, what I have is the writ of mandamus that I sent to the Court of Appeals in Texas
[05:41.800 --> 05:49.000]  asking for counsel and to uphold my affidavit of inability to pay which was filed and not
[05:49.000 --> 05:56.720]  contested a month before I met in court was denied.
[05:56.720 --> 06:04.640]  So I need to know what to do at this point because January 14th, they summoned me back
[06:04.640 --> 06:09.960]  in for an ounce of radio.
[06:09.960 --> 06:20.320]  Did you receive, okay, you go ahead with the case because you set the record for appeal,
[06:20.320 --> 06:30.400]  you've raised the issue and you can appeal the decision of the, no I'm sorry, I don't
[06:30.400 --> 06:35.960]  think you can appeal a mandamus, a writ of mandamus, so you go ahead and do the case on
[06:35.960 --> 06:48.880]  your own and keep in mind everything in the trial court is setting the record for appeal.
[06:48.880 --> 06:53.320]  So the worse they screwed up in the trial court, the better for you, the more likely
[06:53.320 --> 06:57.720]  you are to win an appeal.
[06:57.720 --> 07:04.800]  What all document, okay, what has occurred in the case that may, that seems wrongful?
[07:04.800 --> 07:14.800]  Well, the discovery that they gave me, there's a page in there that states CD-ROM 9 photos.
[07:14.800 --> 07:22.200]  There is no CD-ROM, there's only two photos and they're just, you know, vehicles in the
[07:22.200 --> 07:25.440]  distance, there's no pictures of actual damage.
[07:25.440 --> 07:29.720]  Okay, okay, okay, here we go, here we go, okay.
[07:29.720 --> 07:44.400]  Their discovery referenced documents that they didn't produce, 39.14 rules of Texas Code
[07:44.400 --> 07:52.240]  of Criminal Procedure, the Michael Morton Act, or it requires that the prosecutor produce
[07:52.240 --> 08:00.320]  all discovery at least 20 days before trial.
[08:00.320 --> 08:06.000]  If he doesn't, then he's denied you into a process, he's by failing to perform a duty
[08:06.000 --> 08:11.760]  he is required to perform, and that's class A misdemeanor in state of Texas, so you file
[08:11.760 --> 08:19.760]  criminally against the prosecutor and then petition for a continuance until you have
[08:19.760 --> 08:29.080]  time to, until the grand jury has time to hear your complaint against the prosecutor,
[08:29.080 --> 08:40.280]  and if the grand jury indicts, then you will move to have the prosecutor removed Quaranto.
[08:40.280 --> 08:47.120]  So since the prosecutor would be subject to Quaranto removal if you get an indictment,
[08:47.120 --> 08:52.440]  then it's appropriate to ask for a continuance until your criminal complaint against the
[08:52.440 --> 08:57.480]  prosecutor can be heard.
[08:57.480 --> 09:05.960]  That'll light them up, okay, that, okay, so far them claiming there are photos that they
[09:05.960 --> 09:10.880]  didn't send you, and then they send you photos that don't establish anything, that'll work
[09:10.880 --> 09:13.760]  in your favor.
[09:13.760 --> 09:20.120]  What I was interested in is just building this invoice, what did they send you concerning
[09:20.120 --> 09:21.120]  the invoice?
[09:21.120 --> 09:28.440]  The, the invoice, I think I sent you a picture of it, I don't know if you ever looked at
[09:28.440 --> 09:32.520]  it, it's just track repair, a hundred dollars period.
[09:32.520 --> 09:36.040]  Yes, I looked at that.
[09:36.040 --> 09:43.560]  For those who don't remember Rick, Rick drove his truck around, drove in a driveway and
[09:43.560 --> 09:52.840]  it drove on to a track by a private school and then drove out and the police pulled him
[09:52.840 --> 09:53.840]  over.
[09:53.840 --> 10:00.160]  And then they charged him with a misdemeanor, a class C misdemeanor, and then after he went
[10:00.160 --> 10:06.560]  after them, then they upped it to a class A. And then they later, how many months later
[10:06.560 --> 10:09.280]  did they come up with this invoice?
[10:09.280 --> 10:16.840]  Now that's the interesting thing, the invoice is dated about seven to ten days after I was
[10:16.840 --> 10:25.000]  out there, but they didn't raise it into an A until March of 2017, and I was out there
[10:25.000 --> 10:27.000]  in September of 16.
[10:27.000 --> 10:32.120]  And the invoice is dated like October 3rd or something like, like a week after I was
[10:32.120 --> 10:33.120]  out there.
[10:33.120 --> 10:38.720]  So they, so if they did then, they use a hundred then, why would they wait till March?
[10:38.720 --> 10:44.920]  You know, even after the, they even had that invoice is dated before they gave me the,
[10:44.920 --> 10:48.320]  well you don't want to deal at the JP court.
[10:48.320 --> 11:00.600]  Now you want to do a information request for the employees that performed the labor.
[11:00.600 --> 11:11.600]  You want to know who they were so you can call them as witnesses.
[11:11.600 --> 11:20.720]  Write that down because you, it seems pretty straightforward here that they made this up.
[11:20.720 --> 11:24.720]  They made it up a year after the fact that they back dated an invoice.
[11:24.720 --> 11:28.640]  Now you want to challenge the invoice.
[11:28.640 --> 11:34.880]  Seven hundred dollars, that's not one person's work for a day.
[11:34.880 --> 11:40.160]  So that would require equipment and other people to operate that equipment.
[11:40.160 --> 11:50.360]  You want to see the time sheets, payments, employee names, so you can subpoena the employees
[11:50.360 --> 11:57.760]  to justify as to what was done, how long it took on the whole works.
[11:57.760 --> 12:05.480]  As they have talked this contractor into making up this bogus bill, the contractor is not
[12:05.480 --> 12:10.760]  going to be happy about being subpoenaed into court to testify on the road.
[12:10.760 --> 12:16.040]  Well, remember, Randy, I had told you this too.
[12:16.040 --> 12:22.840]  I sent the contractor a letter stating I would like a more detailed description of your invoice
[12:22.840 --> 12:26.520]  and he retorts with you'll have to get with the county attorney.
[12:26.520 --> 12:27.840]  He has all that info.
[12:27.840 --> 12:32.840]  Well, if he has all the info and he gave me this one flimsy piece of paper saying, track
[12:32.840 --> 12:36.720]  a per hundred bucks, then he's giving me everything.
[12:36.720 --> 12:48.920]  Yeah, and maybe all the info, everything that you're asking this person for, you can presume
[12:48.920 --> 12:51.280]  that the prosecutor has it.
[12:51.280 --> 12:58.760]  So yes, the prosecutor for the names of all the employees that, okay, did you officially
[12:58.760 --> 13:03.480]  request this information from the contractor or did you do it by phone or something?
[13:03.480 --> 13:05.880]  No, I did it by mail.
[13:05.880 --> 13:09.800]  Okay, so you did it by mail, so you have a record?
[13:09.800 --> 13:16.240]  Right, and he sent me back a letter saying, you know, so I had his letter saying get this.
[13:16.240 --> 13:22.880]  So now you put in a request to the prosecutor for a list of all employees that performed
[13:22.880 --> 13:29.560]  labor that day and what labor they performed.
[13:29.560 --> 13:35.880]  And you can be sure the prosecutor doesn't have it, because I can almost guarantee you,
[13:35.880 --> 13:41.600]  you know, if I was sitting on a jury, I would say this guy's saying he don't have anything
[13:41.600 --> 13:43.840]  he gave it all to the prosecutor.
[13:43.840 --> 13:50.040]  Well, didn't you keep anything for your tax records?
[13:50.040 --> 13:56.400]  So if you gave it all to the prosecutor, it's almost clear they made this up and the more
[13:56.400 --> 14:03.760]  you press them, the more concerned that contractor's going to get, because he never had a dog
[14:03.760 --> 14:06.960]  in this hunt from the beginning.
[14:06.960 --> 14:14.240]  Would you request evidence of payment to the contractor for this work?
[14:14.240 --> 14:25.200]  Yes, I did that with the chairman of Faith Academy, so I'd like to see your receipt of
[14:25.200 --> 14:32.600]  the check that you cut or the form of payment that you cut to the contractor, and he retorts
[14:32.600 --> 14:37.360]  with, I wouldn't push it if I were you, to the bailout.
[14:37.360 --> 14:39.520]  Oh, so he threatened you.
[14:39.520 --> 14:41.520]  That's it.
[14:41.520 --> 14:53.080]  Well, then did you need to file that, okay, now file in the court for discovery, because
[14:53.080 --> 14:57.160]  that was a request for discovery.
[14:57.160 --> 15:02.880]  Then file a request with the court to order discovery.
[15:02.880 --> 15:08.600]  Okay, this is how discovery works.
[15:08.600 --> 15:10.600]  You ask the other side for what you want.
[15:10.600 --> 15:15.720]  They refuse to give you what you want, so you ask the court to order them to give you
[15:15.720 --> 15:16.720]  what you want.
[15:16.720 --> 15:24.280]  So you ask the court, you put that court to a judge?
[15:24.280 --> 15:25.280]  Yes.
[15:25.280 --> 15:28.520]  And let the judge deny you discovery?
[15:28.520 --> 15:32.640]  He denied me everything so far, anyway.
[15:32.640 --> 15:35.720]  Yeah, you're just setting the record for appeal.
[15:35.720 --> 15:40.720]  I was just looking at the brain motion.
[15:40.720 --> 15:50.600]  Today for my Russian programmer, we're setting up some AI to go through all of the case law
[15:50.600 --> 15:53.640]  and sort it out into my map.
[15:53.640 --> 16:00.760]  And as he wanted to know how I analyzed case law, and I just happened to have pulled Brady
[16:00.760 --> 16:10.800]  and analyzed it, and it goes right to denial of discovery, denial of production.
[16:10.800 --> 16:20.160]  So under Brady, you ask for this information, the holder of the information, the custodian
[16:20.160 --> 16:22.680]  of those records, refused to produce them.
[16:22.680 --> 16:25.680]  So now you ask the court to order it.
[16:25.680 --> 16:26.680]  Okay.
[16:26.680 --> 16:32.960]  And remember what else I had told you too about July, August?
[16:32.960 --> 16:36.320]  So that was about the time I turned everything to the Court of Appeals.
[16:36.320 --> 16:41.840]  Since then, my job with best care, the good job that Judge Baylor said, you have such
[16:41.840 --> 16:42.840]  a great job.
[16:42.840 --> 16:44.440]  You know, you can afford this.
[16:44.440 --> 16:49.880]  You know, they had been convicted of Medicare fraud, $30.5 million dollars, so they were
[16:49.880 --> 16:52.960]  going for miles that was never done, and I don't work there anymore.
[16:52.960 --> 16:58.480]  So I've lost between $14,000 and $1,600 a month in mileage checks.
[16:58.480 --> 17:01.480]  So I had to...
[17:01.480 --> 17:10.400]  It's the 2018 Logos Radio Network Annual Fundraiser and Gun Giveaway, sponsored by Central Texas
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[18:59.640 --> 19:00.640]  next.
[19:00.640 --> 19:21.200]  Okay, we are back.
[19:21.200 --> 19:28.360]  Randy Kelton, rule of law radio on this Friday, the 7th day of December 2018, and we're talking
[19:28.360 --> 19:29.760]  to Rick in Texas.
[19:29.760 --> 19:35.760]  Okay, Rick, so where were we from when we ran off to Cliffs?
[19:35.760 --> 19:41.480]  I told you that, you know, I'd called you a few weeks ago and also told you about Best
[19:41.480 --> 19:42.480]  Care Lab.
[19:42.480 --> 19:48.600]  You know, it was not only our hourly pay, it was also mileage reimbursement, and that
[19:48.600 --> 19:54.920]  was between $14,000 and $1,600 per month, just alone by self-m mileage reimbursement.
[19:54.920 --> 20:01.600]  So I'm going to mention that to you as well, you said that that was pertinent.
[20:01.600 --> 20:06.600]  I have a job, but I don't have that job, and I am missing about, you know, I've lost
[20:06.600 --> 20:16.200]  between $14,000 to $1,600 per month since, you know, August, July-August.
[20:16.200 --> 20:18.120]  And you know, that's when she was just stalling, Sean.
[20:18.120 --> 20:22.120]  Of course, she was going to deny me no matter what I said, no matter what.
[20:22.120 --> 20:27.560]  And that, okay, that's, your whole point is, is you're setting the record for appeal.
[20:27.560 --> 20:33.280]  You don't have it preserved for appeal if you don't demand, request it, and get the
[20:33.280 --> 20:36.280]  judge to deny it.
[20:36.280 --> 20:43.680]  Okay, so just because the judge denies it, you're only there to set the record so you
[20:43.680 --> 20:45.240]  don't care what the judge does.
[20:45.240 --> 20:48.800]  You'd rather the judge rule properly and end your favor.
[20:48.800 --> 20:52.720]  But at the end of the day, you're just setting the record.
[20:52.720 --> 20:57.760]  Something else I was going to read you, I've sent you the phone if you ever got it.
[20:57.760 --> 21:00.240]  This is from 2011.
[21:00.240 --> 21:05.560]  It's SCOTX, it's Scott Texas blog.
[21:05.560 --> 21:13.920]  It's from the law office of Don Cruz in Austin, and he's the author of this, and he's the
[21:13.920 --> 21:18.760]  author of this, and it reads, and after David has been his thief, must be challenged within
[21:18.760 --> 21:21.720]  10 days.
[21:21.720 --> 21:27.560]  And it goes into talking about a mother's sought relief from the Texas Supreme Court.
[21:27.560 --> 21:37.680]  The trial court had denied her, saying it lacked certain areas that were supposed to
[21:37.680 --> 21:43.040]  be written better, I guess, whatever, but anyway, but the last paragraph is the thrust
[21:43.040 --> 21:44.680]  of the Holy Harbor is plain enough.
[21:44.680 --> 21:50.640]  A party's affidavit of energy, if it is good enough to carry their burden, the preponderance
[21:50.640 --> 21:56.640]  of the evidence, the established or inability to pay, must be challenged within 10 days.
[21:56.640 --> 22:00.840]  If there is no timely challenge, the trial court must give it the benefit of the doubt.
[22:00.840 --> 22:04.920]  So that's kind of odd to me that the Court of Appeals didn't, you know, I sent him a
[22:04.920 --> 22:05.920]  copy of that.
[22:05.920 --> 22:09.880]  It was 5 February 2nd, file marked by the court clerk.
[22:09.880 --> 22:16.880]  The court reporter don't raise an eyebrow, know nothing, and I don't go to court until
[22:16.880 --> 22:17.880]  March 2nd.
[22:17.880 --> 22:20.880]  It's almost a full month, or March 1st, actually.
[22:20.880 --> 22:23.720]  So it's almost, it's a full month.
[22:23.720 --> 22:24.720]  Nothing's challenged.
[22:24.720 --> 22:26.600]  It's way over 10 days.
[22:26.600 --> 22:31.760]  And you know, it was the affidavit of anybody that paid, I've always used, it's always
[22:31.760 --> 22:36.640]  worked in any other court, but, you know, they're just, they're just, and...
[22:36.640 --> 22:41.320]  No, have you filed criminally against the judge yet?
[22:41.320 --> 22:43.200]  I'm sorry?
[22:43.200 --> 22:46.320]  Have you filed criminal charges against the judge?
[22:46.320 --> 22:52.320]  No, I want to do a judicial conduct complaint before I show up on the 14th of January and
[22:52.320 --> 22:57.160]  three more bar grievances just to get things started.
[22:57.160 --> 23:02.960]  Why would you not file criminal charges against the judge?
[23:02.960 --> 23:08.440]  I guess because it's just lack of knowing how to really write that up and who to address
[23:08.440 --> 23:09.680]  it to.
[23:09.680 --> 23:16.600]  Go to jurismprudence.website.
[23:16.600 --> 23:28.680]  That's J-U-R-I-S, imprudence, I-M-P-R-U-D-E-N-C dot website.
[23:28.680 --> 23:33.360]  And right at the top, you'll see a reference to Cherokee County, click that one, and then
[23:33.360 --> 23:35.960]  you'll see a folder with complaints in it.
[23:35.960 --> 23:43.560]  And that'll show you how to write the complaints, how to set them up.
[23:43.560 --> 23:45.680]  Here's the deal.
[23:45.680 --> 23:50.320]  The judge has a duty to determine the facts in accordance with the rules of evidence, then
[23:50.320 --> 23:53.120]  apply the laws, it comes to him to the facts in the case.
[23:53.120 --> 24:01.320]  If he fails to do so, that's an abusive discretion, and if he abuses his discretion and in the
[24:01.320 --> 24:08.000]  process denies you and full of access to your enjoyment of right, that's class A misdemeanor
[24:08.000 --> 24:09.000]  in Texas.
[24:09.000 --> 24:14.400]  So you need to file it.
[24:14.400 --> 24:15.920]  What county is this in?
[24:15.920 --> 24:18.400]  Oh, I don't know.
[24:18.400 --> 24:19.400]  Okay.
[24:19.400 --> 24:24.520]  File it with the district, or file it with the grand jury.
[24:24.520 --> 24:32.600]  You make up the complaint, you make 12 copies, you put them in a folder and label them, I'm
[24:32.600 --> 24:35.840]  sorry, 13 copies.
[24:35.840 --> 24:46.520]  One file copy, then grant jury, foreman, grand jury, one through 11, put them in an envelope,
[24:46.520 --> 24:59.760]  put a cover letter in the envelope with a stamp self-address, regular letter style envelope.
[24:59.760 --> 25:04.440]  And the letter you send is addressed to the foreman of grand jury, and you ask the foreman
[25:04.440 --> 25:11.800]  of grand jury to initial this document and return it to you as you have problems with
[25:11.800 --> 25:18.440]  prosecutors secreting criminal complaints against public officials from the grand jury, and
[25:18.440 --> 25:23.400]  you need to make sure that the foreman actually received it.
[25:23.400 --> 25:27.960]  Please do not sign it.
[25:27.960 --> 25:34.440]  As the prosecutor has a rubber stamp with your name on it, and we want to make sure that
[25:34.440 --> 25:39.800]  this document was not rubber stamped by the prosecutor.
[25:39.800 --> 25:45.080]  Now that will probably raise an eyebrow with the foreman if he actually sees it, and you
[25:45.080 --> 25:51.840]  will almost certainly not get that document back.
[25:51.840 --> 25:58.480]  So that gives you reasonable probable cause to believe that the foreman never received
[25:58.480 --> 26:06.040]  it, as required by Article 2.03, Texas Code of Criminal Procedure.
[26:06.040 --> 26:11.120]  When a prosecuting attorney is made known in any manner that a public official has violated
[26:11.120 --> 26:18.040]  a law relating to his office, you shall reduce complaint information amidst the grand jury.
[26:18.040 --> 26:24.520]  Okay, he has a duty to give it to the grand jury, he has no discretion.
[26:24.520 --> 26:30.040]  So you send it to the grand jury by way of the district attorney's address, because that's
[26:30.040 --> 26:35.200]  the only address you can get on a grand jury in Texas.
[26:35.200 --> 26:44.280]  And the clerk in the mail room will get the document addressed to the grand jury, sign
[26:44.280 --> 26:49.320]  for it, and send it up to the district attorney.
[26:49.320 --> 26:52.520]  District attorney will open it, rate it, throw it in the trash.
[26:52.520 --> 26:56.480]  Yeah, you won't get that letter back.
[26:56.480 --> 27:02.000]  And that gives you reason to believe that he threw it in the trash.
[27:02.000 --> 27:10.280]  Now you create a complaint against the district attorney for felony shielding from prosecution
[27:10.280 --> 27:15.240]  and send that to the grand jury.
[27:15.240 --> 27:24.280]  And he will almost certainly throw that one in the trash, but that raises the stakes dramatically.
[27:24.280 --> 27:30.920]  You are accusing the prosecuting attorney of secreting criminal complaints from a public
[27:30.920 --> 27:36.520]  official from the grand jury in violation of the clear intent of black letter law.
[27:36.520 --> 27:44.640]  And then when he does that, then you accuse the prosecuting attorney of secreting criminal
[27:44.640 --> 27:49.680]  complaints against himself from the grand jury.
[27:49.680 --> 27:53.360]  Now that one gets ugly.
[27:53.360 --> 27:58.760]  That definitely goes to intentional obstruction.
[27:58.760 --> 28:05.240]  He'll throw that in the trash, and then you take the complaint against the prosecuting
[28:05.240 --> 28:11.520]  attorney and whoever the original official was, and you file it with the district judge.
[28:11.520 --> 28:17.440]  You send it to the district judge, a verified criminal affidavit, and he has duty to hold
[28:17.440 --> 28:20.480]  an examining trial.
[28:20.480 --> 28:26.560]  And after he's made a determination, he's issued an order under 16.17, Texas Code of
[28:26.560 --> 28:32.800]  Criminal Procedure, and under 17.30, he's to seal all documents head in the hearing because
[28:32.800 --> 28:37.720]  his name to be written across the seal of the envelope and forward it to the clerk of
[28:37.720 --> 28:39.560]  the court of jurisdiction.
[28:39.560 --> 28:47.120]  That's 17.30, Texas Code of Criminal Procedure, 17.31 says that the clerk shall keep all these
[28:47.120 --> 28:53.760]  papers safe and deliver them up to the next grand jury.
[28:53.760 --> 29:02.480]  Now that law is in there the way it is because of a constitutional provision.
[29:02.480 --> 29:10.680]  Article II, Section 12 of the Texas Constitution requires that all criminal accusations go before
[29:10.680 --> 29:13.280]  a grand jury.
[29:13.280 --> 29:19.600]  But the legislature and the courts have decided that that's too much trouble.
[29:19.600 --> 29:23.600]  They're not going to bother to do that.
[29:23.600 --> 29:29.920]  If you want to take that issue on, you can, but there's a better one.
[29:29.920 --> 29:35.200]  The fact that there is no grand jury venue, we're about to go to break and we'll talk
[29:35.200 --> 29:39.520]  about grand jury venue when we come back.
[29:39.520 --> 29:47.080]  This lack of a venue restriction opens up the ability for you to file criminal charges
[29:47.080 --> 29:49.320]  with every grand jury in the state.
[29:49.320 --> 30:00.920]  Hang on Randy Kelton, we'll go to our radio, we'll be right back.
[30:00.920 --> 30:04.600]  The Bill of Rights contains the first ten amendments of our Constitution.
[30:04.600 --> 30:08.040]  They guarantee the specific freedoms Americans should know and protect.
[30:08.040 --> 30:09.440]  Our liberty depends on it.
[30:09.440 --> 30:13.440]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember
[30:13.440 --> 30:16.560]  one of your constitutional rights.
[30:16.560 --> 30:18.160]  Privacy is under attack.
[30:18.160 --> 30:21.760]  When you give up data about yourself, you'll never get it back again.
[30:21.760 --> 30:26.560]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.560 --> 30:31.480]  So protect your rights, say no to surveillance and keep your information to yourself.
[30:31.480 --> 30:34.320]  Privacy, it's worth hanging on to.
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[30:50.040 --> 30:52.120]  of Rights in a big old bear hug.
[30:52.120 --> 30:56.600]  It's how I remember that the Second Amendment guarantees us the right to bear arms.
[30:56.600 --> 31:00.480]  Arms that embrace our freedoms and won't let anyone take them away without a fight.
[31:00.480 --> 31:01.480]  Get it?
[31:01.480 --> 31:02.480]  Two arms?
[31:02.480 --> 31:03.480]  Bear hug?
[31:03.480 --> 31:04.480]  Bear arms?
[31:04.480 --> 31:07.520]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[31:07.520 --> 31:12.200]  when he said, the right of the citizens to bear arms is just one guarantee against
[31:12.200 --> 31:17.360]  arbitrary government, one more safeguard against the tyranny which now appears remote in America,
[31:17.360 --> 31:20.920]  but which historically has proved to always be possible.
[31:20.920 --> 31:50.880]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[31:51.920 --> 32:19.400]  The right to act in our own private capacity and most importantly, the right to due process
[32:19.400 --> 32:25.400]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
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[33:03.400 --> 33:10.400]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:10.400 --> 33:23.400]  Yeah, I got the warrant and I'm going to solve them to the help of a man then, prosecute them.
[33:28.400 --> 33:34.400]  Okay, we are back. Randy Kelton, Rule Law Radio, and we're talking to Rick in Texas.
[33:34.400 --> 33:40.400]  One of these cases where the courts are just trying to do anything they want to.
[33:40.400 --> 33:46.400]  And if we're going to start beating these things, we need to start raising the stakes.
[33:46.400 --> 33:55.400]  Judges think that they can pretty well do anything they want to on the bench and they are protected.
[33:55.400 --> 34:05.400]  After all, you can't sue them even if they act knowingly wrongfully and maliciously.
[34:05.400 --> 34:11.400]  The courts have said you can't sue the judges, but you can file criminally against them.
[34:11.400 --> 34:20.400]  And when you do, the public officials in a position to act on your complaints will refuse to do so.
[34:20.400 --> 34:25.400]  Heck, they want the judge mad at them.
[34:25.400 --> 34:33.400]  So what they need to find out is it's much worse to have the citizen mad at them than the judge.
[34:33.400 --> 34:40.400]  Because when they try to protect the judge, then you file against ones trying to protect the judge.
[34:40.400 --> 34:48.400]  And when you try to get documents to a grand jury and they seek with them from the grand jury,
[34:48.400 --> 34:58.400]  well, if you're in a county and the prosecutor in that county is secretly complaints from the grand jury, what do you do?
[34:58.400 --> 35:04.400]  Well, you go to another grand jury and here's the deal.
[35:04.400 --> 35:11.400]  A grand jury is convened in every county in the state of Texas.
[35:11.400 --> 35:19.400]  Now, we don't have a separate district judge for every county in the state of Texas.
[35:19.400 --> 35:21.400]  We have districts.
[35:21.400 --> 35:31.400]  Sometimes we have more than one district in a single county, like Dallas County, Harris County, Travis County,
[35:31.400 --> 35:43.400]  Tarrant County, Bear County, where we have big towns, a lot of people, we have more than one district judge.
[35:43.400 --> 35:51.400]  And during those cases, the district judge will have a venue restricted to the limits of the county.
[35:51.400 --> 35:56.400]  But I live in Wise County and Wise County is not a very big county.
[35:56.400 --> 36:02.400]  So they don't need an exclusive district judge.
[36:02.400 --> 36:10.400]  So the district court for Wise County also is the district court for Jack and Montague counties.
[36:10.400 --> 36:14.400]  One district judge, three counties.
[36:14.400 --> 36:21.400]  Now, a grand jury is impaneled in every county.
[36:21.400 --> 36:37.400]  And while the judge that impanels the grand jury has a venue restriction, well, he is a state judge and essentially has statewide jurisdiction.
[36:37.400 --> 36:40.400]  We used to have circuit judges.
[36:40.400 --> 36:54.400]  The judge would ride from one county to the other and actually we essentially still do because the district judge in Wise County, he also handles Jack and Montague.
[36:54.400 --> 37:00.400]  While he don't drive to Jack and Montague anymore, the prosecutor does.
[37:00.400 --> 37:04.400]  The prosecutor goes to these counties and impanels grand juries.
[37:04.400 --> 37:09.400]  He does other kinds of hearings and such.
[37:09.400 --> 37:15.400]  And then when they bring the person to court, they only have one district court and it's in Wise County.
[37:15.400 --> 37:21.400]  Well, out in West Texas, it's they're even more dispersed.
[37:21.400 --> 37:36.400]  So point of making is the judge has a venue that venue is not necessarily restricted to where he sits in office.
[37:36.400 --> 37:56.400]  The judge impanels a grand jury for each county, but there is nothing in the law that restricts a grand jury the way a district judge is restricted to a venue.
[37:56.400 --> 37:59.400]  We have district judges in Tarrant County.
[37:59.400 --> 38:05.400]  They can only hear issues that occur in Tarrant County.
[38:05.400 --> 38:11.400]  They are a statewide judge, but their venue has been restricted.
[38:11.400 --> 38:21.400]  And this is so that we don't have judges stepping on each other's jurisdictional toes.
[38:21.400 --> 38:26.400]  While that's the case for district judges, there's nothing like that for grand jurors.
[38:26.400 --> 38:29.400]  And grand jurors are state grand juries.
[38:29.400 --> 38:32.400]  They are not county grand jurors.
[38:32.400 --> 38:35.400]  They're not impaneled by the county county judge.
[38:35.400 --> 38:40.400]  They're impaneled by the district judge, a statewide official.
[38:40.400 --> 38:51.400]  The grand jury is a statewide grand jury, and this is upheld or supported under Attorney General Opinion J500.
[38:51.400 --> 39:11.400]  And it's a question about whether or not a justice of the peace can hear a complaint concerning a violation that occurred outside of the justice of the peace's venue.
[39:11.400 --> 39:21.400]  And while the justice of the peace has a judicial venue as a magistrate, he has no venue.
[39:21.400 --> 39:34.400]  And that's what the ruling said that a justice of the peace, when sitting as a magistrate, can hear any complaint fell in your misdemeanor state or federal from anywhere in the state.
[39:34.400 --> 39:42.400]  This was an issue where a justice of the peace was physically in a different county.
[39:42.400 --> 39:51.400]  It was called there as a corner, I believe, what the facts were, because the local JP wasn't available.
[39:51.400 --> 40:00.400]  And it had complaints presented to him in that county outside where the JP was elected.
[40:00.400 --> 40:07.400]  And the question was, can the JP hear those? And the resounding answer was yes.
[40:07.400 --> 40:11.400]  The JP can hear any complaint fell in your misdemeanor anywhere in the state.
[40:11.400 --> 40:26.400]  The grand jury is unlike the justice of the peace who is elected within a venue, within a county, within the state.
[40:26.400 --> 40:37.400]  And they are a local official, grand jury state grand jury, while each county has one.
[40:37.400 --> 40:42.400]  There's nothing anywhere in law that limits their jurisdictions.
[40:42.400 --> 40:52.400]  So point of all that dialogue is, you can take your complaints to any grand jury in the state.
[40:52.400 --> 40:59.400]  Now, Scott Richardson, he was in Dallas County.
[40:59.400 --> 41:07.400]  He went to the Dallas County District Attorney to go to the grand jury and they threw him out of the courthouse.
[41:07.400 --> 41:16.400]  So he filed criminal charges against the Dallas County District Attorney with the Tarrant County Grand Jury.
[41:16.400 --> 41:30.400]  He got a letter from the Foreman of the Tarrant County Grand Jury that said, we find no Tarrant County Offences subject to indictment.
[41:30.400 --> 41:39.400]  So he made criminal charges against the Foreman of the Tarrant County Grand Jury and filed him with the Wise County Grand Jury.
[41:39.400 --> 41:53.400]  Well, I had taken on the Wise County District Attorney and he set up a meeting with his assistant district attorney, Lindy, and she is a college professor.
[41:53.400 --> 42:05.400]  She teaches law at one of the local colleges to address the grand jury issue and we sat down together and when I got done, she told the prosecutor, he's right.
[42:05.400 --> 42:09.400]  No venue.
[42:09.400 --> 42:19.400]  So when Scott sent his complaints against the Foreman of the Tarrant County Grand Jury for not acting on a criminal accusation,
[42:19.400 --> 42:22.400]  Greg gave it to the Wise County Grand Jury.
[42:22.400 --> 42:28.400]  Now, we don't know what was done with it because there's a weakness in the law that we're going to try to get fixed.
[42:28.400 --> 42:39.400]  A grand jury is required to come before the court and give notice of all indictments of all what it says is all true bills,
[42:39.400 --> 42:44.400]  but it's not required to give notice of no bills.
[42:44.400 --> 42:53.400]  So if you get a complaint to the grand jury, if they true bill it, there is a record.
[42:53.400 --> 43:07.400]  If they no bill it, there's not necessarily a record, although Randall County and Travis County that I know of keeps a record of true bills and no bills.
[43:07.400 --> 43:12.400]  They're not statutory and required to keep a record of a no bill, but they do.
[43:12.400 --> 43:23.400]  We wanted to ask for legislative change that requires the clerk to make notes in the minutes of the court of true bills and no bills.
[43:23.400 --> 43:32.400]  That way, your complaint when presented to her or brought to the attention of a grand jury doesn't fall into a well,
[43:32.400 --> 43:37.400]  or you have no way of knowing if it actually got to the grand jury or not.
[43:37.400 --> 43:39.400]  We're working on that.
[43:39.400 --> 43:47.400]  But in the meantime, you can file the complaint with any county and any grand jury in the state.
[43:47.400 --> 43:50.400]  That should get everybody hopping up and down.
[43:50.400 --> 43:58.400]  Hang on, about to go to bring Randy Kelton with our radio on this Friday, the seventh day of December 2018.
[43:58.400 --> 44:00.400]  We'll be right back.
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[46:23.400 --> 46:28.400]  Okay, we are back.
[46:28.400 --> 46:33.400]  Randy Kelton, rule of law radio, and we're talking to Rick in Texas.
[46:33.400 --> 46:42.400]  So, Rick, it is my suggestion that you should file criminal complaints quick,
[46:42.400 --> 46:47.400]  file them early, file them at every opportunity.
[46:47.400 --> 46:52.400]  You can be sure the court's going to do that against you.
[46:52.400 --> 46:55.400]  So, turn about the fair play.
[46:55.400 --> 46:59.400]  They want to put you, your liberty at risk.
[46:59.400 --> 47:02.400]  You put their career at risk.
[47:02.400 --> 47:06.400]  Give them reason to follow laws.
[47:06.400 --> 47:08.400]  That makes sense, Rick.
[47:08.400 --> 47:10.400]  It makes sense.
[47:10.400 --> 47:15.400]  You know, also, you know, I remember, you know, everything that you had helped me with,
[47:15.400 --> 47:17.400]  you know, that you had made up.
[47:17.400 --> 47:19.400]  I gave them to the Texas Ranger.
[47:19.400 --> 47:23.400]  He sent them over to the district attorney.
[47:23.400 --> 47:27.400]  I called the district attorney and said, hey, have you got those to grand jury yet?
[47:27.400 --> 47:34.400]  And he says to me, Mr. Renfro, Eddie Arredondo, the Pusky attorney has done nothing wrong.
[47:34.400 --> 47:40.400]  They have every right to raise that up to an A.
[47:40.400 --> 47:46.400]  Objection relevance.
[47:46.400 --> 47:48.400]  So, his answer is no.
[47:48.400 --> 47:56.400]  So, did you file against the Texas Ranger and the district attorney?
[47:56.400 --> 48:03.400]  Because the district attorney by 2.03 is forbidden to make this determination.
[48:03.400 --> 48:05.400]  Exactly.
[48:05.400 --> 48:10.400]  So, now you file against the district attorney, that's perfect.
[48:10.400 --> 48:13.400]  He touched your thar baby.
[48:13.400 --> 48:18.400]  Take that to the district judge and get the district judge to refuse to act.
[48:18.400 --> 48:25.400]  Now you engage the district judge.
[48:25.400 --> 48:31.400]  And when they, when he refuses to act, you take them all to the grand jury.
[48:31.400 --> 48:41.400]  And when they secret it from the grand jury in this county, then you take it to Travis County.
[48:41.400 --> 48:43.400]  I think you have three grand juries in Travis County.
[48:43.400 --> 48:46.400]  I said, I want all of them.
[48:46.400 --> 48:55.400]  Just turn the heat up and then take them to the Bear County and said, Hayes County for San Marcos is.
[48:55.400 --> 49:02.400]  Damn everybody, get everybody engaged, everybody charged.
[49:02.400 --> 49:10.400]  So, all these public officials potentially have criminal accusations coming at them.
[49:10.400 --> 49:16.400]  This puts their careers at risk.
[49:16.400 --> 49:19.400]  They're not going to be afraid of you, Rick.
[49:19.400 --> 49:24.400]  You and me and the rest of us, we're just a bunch of chump, no-nosing process.
[49:24.400 --> 49:27.400]  They're not afraid of us.
[49:27.400 --> 49:33.400]  What they're afraid of is their political enemies.
[49:33.400 --> 49:38.400]  We'll use your complaint as cannon fodder to end their career.
[49:38.400 --> 49:41.400]  That's gruesome.
[49:41.400 --> 49:43.400]  You start making these noises.
[49:43.400 --> 49:50.400]  You start going after higher level officials that had nothing to do with all this trash that's going on down here.
[49:50.400 --> 49:57.400]  And you taint them with the bad behavior of these guys at the bottom.
[49:57.400 --> 50:01.400]  They are not going to be happy campers.
[50:01.400 --> 50:03.400]  You create yourself a little politics.
[50:03.400 --> 50:11.400]  When you file a criminal complaint, you become a protected class.
[50:11.400 --> 50:15.400]  It stains them.
[50:15.400 --> 50:19.400]  Anything they do from that point.
[50:19.400 --> 50:28.400]  If you can craft it in a way that appears to be improper, you can stain them with it.
[50:28.400 --> 50:33.400]  Because you're protected just like a judge is.
[50:33.400 --> 50:37.400]  When you file criminal charges, you're the victim.
[50:37.400 --> 50:53.400]  And the courts and the police want and need the public to participate in the fight against crime by reporting crime.
[50:53.400 --> 50:58.400]  So when you report crime, you're necessarily protected.
[50:58.400 --> 51:01.400]  Otherwise, nobody will report crime.
[51:01.400 --> 51:05.400]  You see the conundrum you create for them, Rick?
[51:05.400 --> 51:08.400]  You wind them up in their own codes.
[51:08.400 --> 51:13.400]  So I would suggest you start filing criminal complaints as quickly as you can.
[51:13.400 --> 51:24.400]  And I just got an email today from someone who said that sometimes when he's doing all this, it gets real difficult and oppressive.
[51:24.400 --> 51:25.400]  He said, but not today.
[51:25.400 --> 51:28.400]  Today he was chuckling because things are going his way.
[51:28.400 --> 51:29.400]  Well, I agree.
[51:29.400 --> 51:32.400]  I have times when this really gets difficult.
[51:32.400 --> 51:54.400]  And when I suggest that people do things, sometimes it is very difficult because I can't always know how the officials and what the outcome of what I suggest that people do is going to be.
[51:54.400 --> 51:55.400]  And it scares me.
[51:55.400 --> 52:00.400]  The last thing I want to do is cause someone more difficulty than they have.
[52:00.400 --> 52:06.400]  But when I suggest that you file criminal charges, I have no trepidation over that.
[52:06.400 --> 52:08.400]  Go for these scoundrels.
[52:08.400 --> 52:24.400]  Once you file a criminal complaint, if anybody says anything that you can in any way craft or perceive as a complaint, you file against them.
[52:24.400 --> 52:30.400]  And then they start getting this notion that you're setting them up.
[52:30.400 --> 52:31.400]  Yes.
[52:31.400 --> 52:34.400]  As a matter of fact, you are.
[52:34.400 --> 52:37.400]  For me, they got that in Tarrant County.
[52:37.400 --> 52:41.400]  If that accountant comes to your court, he is setting you up.
[52:41.400 --> 52:43.400]  And that's where I am.
[52:43.400 --> 52:53.400]  Giving you opportunity to give me the opportunity to file criminal charges against you.
[52:53.400 --> 53:01.400]  Goes to my rule, never ask the public official to do anything you actually want them to do.
[53:01.400 --> 53:09.400]  Because you never ask the public official to do anything that the law does not command them to do.
[53:09.400 --> 53:11.400]  And when they don't do it, you get to hammer them.
[53:11.400 --> 53:13.400]  Does that make sense, Rick?
[53:13.400 --> 53:14.400]  Yes.
[53:14.400 --> 53:15.400]  Yes.
[53:15.400 --> 53:30.400]  So what would you suggest prior to meeting on January 14th, having criminal complaints done on the Texas Ranger, the District Attorney, the judge, and...
[53:30.400 --> 53:31.400]  Okay.
[53:31.400 --> 53:35.400]  Texas Ranger, District Attorney.
[53:35.400 --> 53:56.400]  The Ranger you gave the complaints to, the District Attorney, Shriver, Major Shriver, he is the head of the public integrity unit for the Texas Rangers,
[53:56.400 --> 54:14.400]  the director of the Department of Public Safety, charged all of those parties with criminal conspiracy to commit because those guys created a policy that requires a Texas Ranger before he...
[54:14.400 --> 54:26.400]  When he gets a complaint against a public official to request permission from the prosecuting attorney to investigate.
[54:26.400 --> 54:29.400]  Say what?
[54:29.400 --> 54:38.400]  A prosecuting attorney is forbidden by statute to exercise any discretion in that matter.
[54:38.400 --> 54:54.400]  So if the Ranger follows policy, he follows policy by asking the prosecuting attorney to do something the prosecutor is statutorily forbidden to do.
[54:54.400 --> 55:05.400]  I call that criminal conspiracy to commit and to obstruct justice against all of them.
[55:05.400 --> 55:14.400]  The higher up you are in the beck and order, the more dangerous these complaints become to you.
[55:14.400 --> 55:29.400]  When we start filing criminal charges against the director of the DPS, accusing him of conspiring with Shriver and other members of the DPS to obstruct justice, commit criminal conspiracy,
[55:29.400 --> 55:35.400]  he's concerned that he's got political rivals that'll use that against him.
[55:35.400 --> 55:39.400]  And then you've poisoned their well.
[55:39.400 --> 55:45.400]  They do anything to you, a bailiff, anybody, does anything that you don't like.
[55:45.400 --> 55:49.400]  You accuse them of sending this guy down to harass you.
[55:49.400 --> 55:57.400]  When the officer came in my yard and told me that I couldn't have this open flame because they had a fire ban on.
[55:57.400 --> 55:59.400]  I said, you're joking, right?
[55:59.400 --> 56:01.400]  Oh, have no sir.
[56:01.400 --> 56:03.400]  He waited.
[56:03.400 --> 56:07.400]  That district judge, John Faustel, sent you down here to harass me, didn't he?
[56:07.400 --> 56:15.400]  Just because I filed one crummy little criminal complaint against him with the attorney general, he sent you down here, didn't he?
[56:15.400 --> 56:22.400]  And the officer took a giant step back, held up both hands with his palms out.
[56:22.400 --> 56:35.400]  One moment, sir, took out his cell phone, dialed it, and since I lived it next to City Hall, in about 30 seconds, the chief of police stuck his head out the back door of City Hall,
[56:35.400 --> 56:40.400]  looked over at me and said, Randy, what are you doing to my new officer?
[56:40.400 --> 56:45.400]  I said, oh, Tom, I was just jerking his chain.
[56:45.400 --> 56:54.400]  It terrified the officer to think that I would accuse the district judge of sending him down to do that.
[56:54.400 --> 56:57.400]  Now, the district judge had nothing to do with that.
[56:57.400 --> 56:58.400]  He knew it.
[56:58.400 --> 57:06.400]  And he'd tell the judge, I know you had nothing to do with it, but the district judge would be furious anyway.
[57:06.400 --> 57:09.400]  So it terrifies the police officers.
[57:09.400 --> 57:17.400]  You know, police officers, they kind of feel like they're on the bottom run anyway, so they're real easy to stay.
[57:17.400 --> 57:18.400]  Criminal complaints.
[57:18.400 --> 57:23.400]  Once you filed him, you become a protected class.
[57:23.400 --> 57:28.400]  Now they have to deal with you totally different.
[57:28.400 --> 57:37.400]  And the more you file against them, the more it drives them crazy, the more they're going to want to do something stupid.
[57:37.400 --> 57:43.400]  Like, oh, Mr. Renfrow, you have to be careful.
[57:43.400 --> 57:46.400]  You can get in a lot of trouble.
[57:46.400 --> 57:51.400]  911 retaliation witness tampering.
[57:51.400 --> 57:58.400]  3605, I'm sorry, 3606, 3605, respectively.
[57:58.400 --> 58:01.400]  Does that make sense, Rick?
[58:01.400 --> 58:05.400]  No.
[58:05.400 --> 58:09.400]  Well, I mean, you know me, Randy.
[58:09.400 --> 58:11.400]  I'm overwhelmed on even how to start.
[58:11.400 --> 58:14.400]  I still want to fight all this.
[58:14.400 --> 58:23.400]  They're denying the counsel because you and I know, and they know too that counsel would just dismiss this ridiculous fucking thing.
[58:23.400 --> 58:25.400]  Don't say that on the air again.
[58:25.400 --> 58:28.400]  You'll be in big trouble.
[58:28.400 --> 58:31.400]  Intercoursing thing.
[58:31.400 --> 58:33.400]  Okay.
[58:33.400 --> 58:35.400]  It's what they're like.
[58:35.400 --> 58:39.400]  If you bring enough pressure against them, then they dismiss it.
[58:39.400 --> 58:43.400]  Did you listen to the show last night?
[58:43.400 --> 58:47.400]  No, I told you since the best care thing went down my hours of day.
[58:47.400 --> 59:14.400]  Okay, you didn't hear James Coon.
[59:18.400 --> 59:27.400]  Chapter by chapter, basic elements of the Christian life clearly presents God's plan of salvation, growing in Christ and how to build up the church.
[59:27.400 --> 59:40.400]  To order your free New Testament recovery version and basic elements of the Christian life, call Bibles for America toll free at 888-551-0102.
[59:40.400 --> 59:44.400]  That's 888-551-0102.
[59:44.400 --> 59:50.400]  Or visit us online at bfa.org.
[59:50.400 --> 01:00:00.400]  Live free speech radio, logosradionetwork.com.
[01:00:00.400 --> 01:00:06.400]  The following news flash is brought to you by the Lone Star Lowdowns.
[01:00:06.400 --> 01:00:17.400]  Markets for Friday the 7th of December 2018 open with precious metals, gold at $1,245.08 an ounce, silver $14.58 an ounce, copper $2.74 an ounce,
[01:00:17.400 --> 01:00:38.400]  oil, Texas crude $51.49 a barrel, Brent crude $60.06 a barrel, and cryptos, Bitcoin $3,045.33, Ripple, XRP $0.30, Ethereum $88.23, and Stellar XLMs at $0.11 a crypto coin.
[01:00:38.400 --> 01:00:48.400]  Today in history, the year 1972, the last Apollo moon mission Apollo 17 has launched, during which the crew took the famous photograph known as the blue marble as they left the earth.
[01:00:48.400 --> 01:00:57.400]  Apollo 17, last of the Apollo moon missions, took flight today in history.
[01:00:57.400 --> 01:01:12.400]  In recent years, in 2017 alone, law enforcement agencies and prosecutors throughout the state of Texas confiscated more than $50 million in cash, cars, jewelry, clothing, art, and other property via both criminal forfeiture, which requires charge and civil forfeiture, which doesn't.
[01:01:12.400 --> 01:01:21.400]  And since the Texas Attorney General's office, which keeps tabs on these figures, does not distinguish between the two, it's unclear as to how much was taken from people who were never charged.
[01:01:21.400 --> 01:01:30.400]  Since the civil forfeiture has been under scrutiny for several years now, with the ACLU legislators and even former Texas Supreme Court judges raising criticisms against such actions.
[01:01:30.400 --> 01:01:38.400]  Unfortunately, it's not much avail as of yet due mostly to the resistance from police union sheriffs, who argue it's necessary for solving crime across the state.
[01:01:38.400 --> 01:01:48.400]  Seems that next year might bring about more attempts to reforming these practices, the last successful ones of which were back in 2011.
[01:01:48.400 --> 01:02:04.400]  Texas Governor Greg Addit and several officials at the Texas Department of Public Safety were sued by the National Civil Rights Nonprofit, Equal Justice under the law last Wednesday, in an attempt to end Texas's driver responsibility program that apparently led to the suspension of 1.4 million Texas driver licenses.
[01:02:04.400 --> 01:02:17.400]  The program imposes surcharges like $250 per year for three years for driving with an in battle license and up to $2,000 per year for three years for a DWI charge, where the driver is caught with a blood alcohol level of 0.16 or higher.
[01:02:17.400 --> 01:02:23.400]  And surcharges for drivers who have too many points on their licenses for moving violations or moving violations resulting in an accident.
[01:02:23.400 --> 01:02:36.400]  Phil Tillafane, the lead attorney in the case and executive director of Equal Justice under the law stated that quote, this unfair license suspension scheme particularly targets Texas's most impoverished residents who are often unaware additional charges are owed under the DRP.
[01:02:36.400 --> 01:02:44.400]  Individuals who cannot pay will often lose their job and their home, becoming homeless for a minor ticket that wealthier drivers simply pay and forget.
[01:02:44.400 --> 01:02:54.400]  Houston Democrat Boris Miles and Edgewood Republican Bob Hall have both filed bills that would end the driver responsibility program.
[01:02:54.400 --> 01:03:23.400]  This was Brick Brody with your lowdown for December 7th, 2018.
[01:03:24.400 --> 01:03:30.400]  Okay, we are back.
[01:03:30.400 --> 01:03:32.400]  Randy Kelton, rule of law radio.
[01:03:32.400 --> 01:03:34.400]  We're talking to Rick in Texas.
[01:03:34.400 --> 01:03:44.400]  Rick, do you have anything else for us and we have pretty well addressed your issues or is there something else you want to address?
[01:03:44.400 --> 01:03:54.400]  No, that's pretty much it.
[01:03:54.400 --> 01:04:14.400]  Go to juristimprovements.website, you'll see examples of how I constructed a statement of facts or factual accusation and then how I took parts of those statements and just dropped them into the criminal complaints.
[01:04:14.400 --> 01:04:15.400]  The forms are there.
[01:04:15.400 --> 01:04:21.400]  You can take any one of those complaints on there and take out my information, drop yours in and you have the forms.
[01:04:21.400 --> 01:04:24.400]  It's pretty straightforward and not very hard to do.
[01:04:24.400 --> 01:04:25.400]  Okay.
[01:04:25.400 --> 01:04:27.400]  Oh yeah, there's actually one last thing.
[01:04:27.400 --> 01:04:31.400]  So the 14th, you know, we denied everything.
[01:04:31.400 --> 01:04:37.400]  The warning to what they wanted to do before I turned everything into the Court of Appeals was, you know, it's announced ready.
[01:04:37.400 --> 01:04:41.400]  It's announced ready to get this trial going.
[01:04:41.400 --> 01:04:52.400]  You know, I just told them all along, you shouldn't like the word, I said, well, you know, if I'm forced into a trial, I was like, no, no, no, no, no, no, no, no, we're not using the word forced here.
[01:04:52.400 --> 01:04:55.400]  And I said, well, I'm not representing myself by choice.
[01:04:55.400 --> 01:04:57.400]  So I'm not ready when now it's ready.
[01:04:57.400 --> 01:05:02.400]  I'm not ready unless you have other ideas about that, but I'm not ready.
[01:05:02.400 --> 01:05:04.400]  I'll never be ready and I'm not representing myself.
[01:05:04.400 --> 01:05:06.400]  I have no questions at this time.
[01:05:06.400 --> 01:05:09.400]  I'm not an attorney.
[01:05:09.400 --> 01:05:16.400]  Even if it gets into the thick of it.
[01:05:16.400 --> 01:05:20.400]  That's probably the best way to handle it.
[01:05:20.400 --> 01:05:26.400]  Because say, whether or not you qualify at this point is relevant.
[01:05:26.400 --> 01:05:29.400]  They didn't follow the rules and that's the only thing relevant.
[01:05:29.400 --> 01:05:38.400]  They're trying to get you to do something that gets them off the hook for not following the rules.
[01:05:38.400 --> 01:05:40.400]  Right.
[01:05:40.400 --> 01:05:41.400]  Right.
[01:05:41.400 --> 01:05:43.400]  So that's, that was my game plan.
[01:05:43.400 --> 01:05:51.400]  I have, I have no, I also want to say that it's pointless for me to defend myself.
[01:05:51.400 --> 01:05:53.400]  Juris convict prosaic people.
[01:05:53.400 --> 01:05:54.400]  Period.
[01:05:54.400 --> 01:05:57.400]  They just do.
[01:05:57.400 --> 01:06:01.400]  And I'm sure she would argue that, but.
[01:06:01.400 --> 01:06:04.400]  We actually have juris.
[01:06:04.400 --> 01:06:11.400]  You can do is find me guilty, but I got other people that actually win in front of jury sometimes.
[01:06:11.400 --> 01:06:16.400]  But it is clear that you are outgunned here.
[01:06:16.400 --> 01:06:17.400]  Yeah.
[01:06:17.400 --> 01:06:18.400]  By being denied counsel.
[01:06:18.400 --> 01:06:24.400]  And that goes straight to constitution.
[01:06:24.400 --> 01:06:29.400]  I suggest you, you, you hold your, you hold your guns.
[01:06:29.400 --> 01:06:31.400]  Don't knuckle under.
[01:06:31.400 --> 01:06:36.400]  And when this gets to the court of appeals, it'll be a whole different story.
[01:06:36.400 --> 01:06:42.400]  If it ever gets there, if they don't dismiss everything before you actually get into court.
[01:06:42.400 --> 01:06:43.400]  Right.
[01:06:43.400 --> 01:06:44.400]  Right.
[01:06:44.400 --> 01:06:47.400]  But no, you can be sure that I'm not, I'm not folding on this.
[01:06:47.400 --> 01:06:48.400]  They're just.
[01:06:48.400 --> 01:06:50.400]  That's what happened with James.
[01:06:50.400 --> 01:06:58.400]  They tried all this nonsense and he hung in there and they wound up dismissing everything.
[01:06:58.400 --> 01:07:04.400]  With no evidence, I just don't see, I just don't see it.
[01:07:04.400 --> 01:07:05.400]  Okay.
[01:07:05.400 --> 01:07:08.400]  No evidence of damage.
[01:07:08.400 --> 01:07:09.400]  Okay.
[01:07:09.400 --> 01:07:10.400]  Okay.
[01:07:10.400 --> 01:07:15.400]  Now we need, we need to move on if we've been over an hour.
[01:07:15.400 --> 01:07:19.400]  So keep us in, keep us up to date on what happens.
[01:07:19.400 --> 01:07:20.400]  I will.
[01:07:20.400 --> 01:07:21.400]  Okay.
[01:07:21.400 --> 01:07:24.400]  Now we're going to Ralph in Texas.
[01:07:24.400 --> 01:07:27.400]  Hello Ralph.
[01:07:27.400 --> 01:07:28.400]  Hello Randy.
[01:07:28.400 --> 01:07:29.400]  Howdy.
[01:07:29.400 --> 01:07:32.400]  What do you have for us today?
[01:07:32.400 --> 01:07:36.400]  I have one issue I'd like your opinion on.
[01:07:36.400 --> 01:07:40.400]  And what it is, the defendant filed a motion.
[01:07:40.400 --> 01:07:42.400]  This is federal silver court.
[01:07:42.400 --> 01:07:46.400]  Defendant filed a motion and I did a response.
[01:07:46.400 --> 01:07:52.400]  And I expected the defendant to do a reply and I was going to do a sir reply.
[01:07:52.400 --> 01:07:53.400]  Okay.
[01:07:53.400 --> 01:07:54.400]  Hold on.
[01:07:54.400 --> 01:07:56.400]  One step too many.
[01:07:56.400 --> 01:08:04.400]  The, you file a action or the other side files a motion, you file a response.
[01:08:04.400 --> 01:08:13.400]  They file an answer to the response and it stops there unless the court gives you permission to rebut.
[01:08:13.400 --> 01:08:22.400]  Well, in the federal rules, the procedures say that motion, response, reply, sir reply.
[01:08:22.400 --> 01:08:29.400]  And the judge can make or can rule on the motion after the response.
[01:08:29.400 --> 01:08:32.400]  He does not have to wait for reply and sir reply.
[01:08:32.400 --> 01:08:33.400]  Yeah.
[01:08:33.400 --> 01:08:35.400]  That's, I don't know what rule that is.
[01:08:35.400 --> 01:08:36.400]  It's FRCP though.
[01:08:36.400 --> 01:08:37.400]  Okay.
[01:08:37.400 --> 01:08:38.400]  Okay.
[01:08:38.400 --> 01:08:45.400]  It was my experience in the federal court that the response to a reply had to be, you
[01:08:45.400 --> 01:08:48.400]  had to do that by permission of the court.
[01:08:48.400 --> 01:08:49.400]  Maybe not.
[01:08:49.400 --> 01:08:50.400]  I could be wrong.
[01:08:50.400 --> 01:08:51.400]  I was once.
[01:08:51.400 --> 01:08:52.400]  Yeah.
[01:08:52.400 --> 01:08:53.400]  Okay.
[01:08:53.400 --> 01:08:56.400]  If you say so, I haven't heard it myself.
[01:08:56.400 --> 01:08:57.400]  Yeah.
[01:08:57.400 --> 01:09:02.400]  That's my understanding of it, but I could be wrong or it could have changed and I haven't
[01:09:02.400 --> 01:09:03.400]  looked at it.
[01:09:03.400 --> 01:09:09.400]  Maybe it's changed because I've been doing this for a while now and it's been motion,
[01:09:09.400 --> 01:09:11.400]  response, reply, sir reply.
[01:09:11.400 --> 01:09:12.400]  Okay.
[01:09:12.400 --> 01:09:17.400]  And the rule says that the judge does not have to wait for a reply and a sir reply.
[01:09:17.400 --> 01:09:21.400]  He can rule on the motion once the response is done.
[01:09:21.400 --> 01:09:26.400]  Of course that would, everything's done timely.
[01:09:26.400 --> 01:09:28.400]  So the defendant did a motion.
[01:09:28.400 --> 01:09:31.400]  I responded and then I waited for their reply.
[01:09:31.400 --> 01:09:33.400]  They did not reply.
[01:09:33.400 --> 01:09:37.400]  So I said, okay, well the judge will rule on it whenever he gets good and ready.
[01:09:37.400 --> 01:09:38.400]  They got a lot of workload.
[01:09:38.400 --> 01:09:39.400]  I understand that.
[01:09:39.400 --> 01:09:40.400]  So it could be weeks.
[01:09:40.400 --> 01:09:41.400]  It could be months.
[01:09:41.400 --> 01:09:45.400]  Well, I received an order in the mail today.
[01:09:45.400 --> 01:09:48.400]  And this is kind of strange to me.
[01:09:48.400 --> 01:09:49.400]  Okay.
[01:09:49.400 --> 01:09:55.400]  Not being an attorney and just learning from reading and learning cases.
[01:09:55.400 --> 01:10:03.400]  The judge ordered the defendant to make a reply.
[01:10:03.400 --> 01:10:08.400]  You're saying there already was one in the record.
[01:10:08.400 --> 01:10:09.400]  No.
[01:10:09.400 --> 01:10:11.400]  Oh, okay.
[01:10:11.400 --> 01:10:16.400]  The judge is ordering the respondent.
[01:10:16.400 --> 01:10:20.400]  I'm saying, okay, you've, they filed a motion.
[01:10:20.400 --> 01:10:22.400]  You filed a response.
[01:10:22.400 --> 01:10:28.400]  The judge ordered the other side to reply to your response.
[01:10:28.400 --> 01:10:29.400]  Okay.
[01:10:29.400 --> 01:10:32.400]  I wouldn't say the judge can do that.
[01:10:32.400 --> 01:10:34.400]  Well, yeah, but here's the problem.
[01:10:34.400 --> 01:10:43.400]  They've had over a month to digest our response.
[01:10:43.400 --> 01:10:48.400]  So that gives them an unfair advantage because now I'm going to do a cert reply and I'm going
[01:10:48.400 --> 01:10:49.400]  to have one week.
[01:10:49.400 --> 01:10:51.400]  I'm going to have actually seven days.
[01:10:51.400 --> 01:10:55.400]  And that's less than seven days because I'm doing everything manually.
[01:10:55.400 --> 01:10:56.400]  So I can't.
[01:10:56.400 --> 01:11:01.400]  Well, how much, how much time were they given to reply?
[01:11:01.400 --> 01:11:08.400]  They were given seven days to reply and it's been, it's been over, it's been well over
[01:11:08.400 --> 01:11:10.400]  30 days.
[01:11:10.400 --> 01:11:13.400]  And I say, what, I'm going to go ahead and throw this out there.
[01:11:13.400 --> 01:11:15.400]  What I think is happening.
[01:11:15.400 --> 01:11:20.400]  I think that what I've hit them hard enough that I made them busy.
[01:11:20.400 --> 01:11:25.400]  It took them this long to figure out what, what kind of reply to come up with.
[01:11:25.400 --> 01:11:30.400]  They called the judge, you know, judge says, hmm, well, if they wanted to do reply now,
[01:11:30.400 --> 01:11:36.400]  they would have to show good cause for why they did not do a reply to begin with.
[01:11:36.400 --> 01:11:37.400]  Exactly.
[01:11:37.400 --> 01:11:40.400]  I'm thinking in the judges ordered them to do a reply.
[01:11:40.400 --> 01:11:48.400]  So they have to get the bypass to show good cause.
[01:11:48.400 --> 01:11:54.400]  Now, I wanted to say you could raise an opposition because the time to reply had expired.
[01:11:54.400 --> 01:12:02.400]  But if the judge is looking at this and what they want to say in the civil courts is they
[01:12:02.400 --> 01:12:09.400]  don't want to rule against a litigant on a technical issue.
[01:12:09.400 --> 01:12:19.400]  They want both sides to bring all the relevant facts and law so that the judge can compare
[01:12:19.400 --> 01:12:30.400]  with the facts and law and come up with a decision that is, is fair and equitable under law.
[01:12:30.400 --> 01:12:32.400]  They don't like Bushwack.
[01:12:32.400 --> 01:12:37.400]  They don't like to rule against someone because they made a mistake.
[01:12:37.400 --> 01:12:42.400]  And it could be that there's an issue that the judge has a question on and he needs the
[01:12:42.400 --> 01:12:47.400]  other side to answer it for him because it sounds like he's preparing to rule in your
[01:12:47.400 --> 01:12:48.400]  favor.
[01:12:48.400 --> 01:12:53.400]  And he's telling them, you better give me some reason not to rule in this guy's favor.
[01:12:53.400 --> 01:12:55.400]  But he can do that.
[01:12:55.400 --> 01:13:00.400]  As far as I know, there's nothing preventing that.
[01:13:00.400 --> 01:13:03.400]  On the surface, I agree.
[01:13:03.400 --> 01:13:08.400]  And since I don't know what's underneath the surface, then I'm not going to worry too much
[01:13:08.400 --> 01:13:09.400]  about it.
[01:13:09.400 --> 01:13:11.400]  But I will ask this follow-up question.
[01:13:11.400 --> 01:13:20.400]  Should I go in there and tell the judge, hey, I want 30 days or more to make a surreply?
[01:13:20.400 --> 01:13:24.400]  You can certainly do that.
[01:13:24.400 --> 01:13:27.400]  I mean, ask the judge for pretty well anything you want to.
[01:13:27.400 --> 01:13:36.400]  But saying that you want to do 30 days on a surreply because the judge waited 30 days
[01:13:36.400 --> 01:13:40.400]  to request a reply from the other side.
[01:13:40.400 --> 01:13:51.400]  That doesn't, one doesn't follow from the other because there's no indication that the other
[01:13:51.400 --> 01:13:55.400]  side was having trouble preparing a reply.
[01:13:55.400 --> 01:14:01.400]  The indication is they had no intention of filing a reply until the judge ordered them
[01:14:01.400 --> 01:14:02.400]  to.
[01:14:02.400 --> 01:14:07.400]  And then they had how much time from the time they were ordered to?
[01:14:07.400 --> 01:14:12.400]  The judge gave them seven days to reply.
[01:14:12.400 --> 01:14:17.400]  So he's going to say, apparently they had no intention of replying.
[01:14:17.400 --> 01:14:27.400]  So this can't be presumed that they were carefully crafting a reply in all this time.
[01:14:27.400 --> 01:14:30.400]  I gave them seven days.
[01:14:30.400 --> 01:14:36.400]  And if I give you seven days, you don't have a complaint.
[01:14:36.400 --> 01:14:39.400]  They would have had seven days to begin with.
[01:14:39.400 --> 01:14:43.400]  I was hoping that he would give them like, when I read, I'm going, why didn't he give
[01:14:43.400 --> 01:14:45.400]  them three days instead of seven?
[01:14:45.400 --> 01:14:47.400]  But okay, that all sounds good.
[01:14:47.400 --> 01:14:51.400]  I mean, I'm, you know, I don't like it, but I just follow from the other side.
[01:14:51.400 --> 01:14:55.400]  I'm taking it from the judge's side.
[01:14:55.400 --> 01:15:03.400]  If the judge doesn't have a dog in the hunt either way, he wants to make sure both sides
[01:15:03.400 --> 01:15:04.400]  get heard.
[01:15:04.400 --> 01:15:07.400]  These guys didn't want to raise an issue.
[01:15:07.400 --> 01:15:12.400]  They didn't want to argue, but the judge is saying, there's something I need clarified,
[01:15:12.400 --> 01:15:15.400]  and I need you to do it.
[01:15:15.400 --> 01:15:17.400]  And you got seven days to do it.
[01:15:17.400 --> 01:15:20.400]  And what he's telling them, you don't get that clarified.
[01:15:20.400 --> 01:15:23.400]  I'm rooting against you.
[01:15:23.400 --> 01:15:28.400]  So I would take that as a good sign in my favor.
[01:15:28.400 --> 01:15:30.400]  Yeah, I kind of thought it was.
[01:15:30.400 --> 01:15:35.400]  But like I said, it just bothers me that they've got so long to answer that.
[01:15:35.400 --> 01:15:39.400]  But like you said, you know, they just wasn't found answering.
[01:15:39.400 --> 01:15:43.400]  I think they're looking at it like the judge is looking at it.
[01:15:43.400 --> 01:15:46.400]  There ain't a whole lot they can do with it.
[01:15:46.400 --> 01:15:49.400]  But the judge is, you know, make sure that there isn't anything that can do with it
[01:15:49.400 --> 01:15:52.400]  before he rules in my favor, which would be great.
[01:15:52.400 --> 01:15:55.400]  You know, I'm not counting my chickens for the hatch or anything, but, you know, I
[01:15:55.400 --> 01:16:00.400]  thought I did pretty good on it, and this looks, you know, the judge doing that,
[01:16:00.400 --> 01:16:04.400]  telling them to do a reply, you know, just like he said, it kind of confirms
[01:16:04.400 --> 01:16:08.400]  that the judge is laying in my way.
[01:16:08.400 --> 01:16:11.400]  So that's it.
[01:16:11.400 --> 01:16:15.400]  Okay, sounds like you may be in good shape.
[01:16:15.400 --> 01:16:18.400]  Yeah, I really appreciate it, and we'll, I'll catch you another time.
[01:16:18.400 --> 01:16:21.400]  Okay, let us know how it shakes out.
[01:16:21.400 --> 01:16:23.400]  Thank you, I'll do that.
[01:16:23.400 --> 01:16:27.400]  Okay, we are about to go to break when we come back.
[01:16:27.400 --> 01:16:30.400]  We've got John, Adam, Ken.
[01:16:30.400 --> 01:16:32.400]  We will get to everybody.
[01:16:32.400 --> 01:16:35.400]  This is Randy Kelton with our radio.
[01:16:35.400 --> 01:16:40.400]  I call in number 512-646-1984.
[01:16:40.400 --> 01:16:46.400]  The callboard's a full right now, but let's see, we got one space.
[01:16:46.400 --> 01:16:50.400]  So if you have a question or comment, give us a call.
[01:16:50.400 --> 01:16:54.400]  We can call us all night, but we'll be right back.
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[01:19:22.400 --> 01:19:24.400]  Okay, we are back.
[01:19:24.400 --> 01:19:33.400]  Elton with our radio and we're talking to, whoa, we lost someone.
[01:19:33.400 --> 01:19:34.400]  Wasn't John in?
[01:19:34.400 --> 01:19:38.400]  Who was I talking to, Adam?
[01:19:38.400 --> 01:19:39.400]  Okay, let's go.
[01:19:39.400 --> 01:19:41.400]  Looks like John in New York.
[01:19:41.400 --> 01:19:43.400]  Hello, John.
[01:19:43.400 --> 01:19:44.400]  Hello.
[01:19:44.400 --> 01:19:45.400]  Hi, Randy.
[01:19:45.400 --> 01:19:46.400]  How are you doing?
[01:19:46.400 --> 01:19:47.400]  I'm doing good.
[01:19:47.400 --> 01:19:50.400]  What do you have for us today?
[01:19:50.400 --> 01:19:56.400]  Well, like I say, it's not what I've got, it's what you can tell me.
[01:19:56.400 --> 01:19:59.400]  We have that seat belt situation.
[01:19:59.400 --> 01:20:03.400]  There's a new wrinkle that I have to ask you about.
[01:20:03.400 --> 01:20:11.400]  And to bring you, to refresh your memory, relative of mine had a seat belt ticket.
[01:20:11.400 --> 01:20:21.400]  And the cop, the cop changed the charge in midstream, he said, no seat belt on the ticket.
[01:20:21.400 --> 01:20:29.400]  Then when he gets to court, he, well, before he got to court, when he stopped the driver
[01:20:29.400 --> 01:20:32.400]  and said, I stopped you because you're not wearing your seat belt.
[01:20:32.400 --> 01:20:39.400]  The witness, the driver, the passenger in the car, the guest in the car, passenger, got
[01:20:39.400 --> 01:20:43.400]  out and said, but officer, he was wearing a seat belt, which he was.
[01:20:43.400 --> 01:20:46.400]  And I'll testify to that in court.
[01:20:46.400 --> 01:20:52.400]  Well, then the cop quickly changed the story from no seat belt to, well, he wasn't wearing
[01:20:52.400 --> 01:20:53.400]  it properly.
[01:20:53.400 --> 01:20:58.400]  I'm sure you, I'm not going to say it, but I'm sure you hear what I'm saying.
[01:20:58.400 --> 01:21:05.400]  See, with your help, the defendant, in this case, had three other tickets in that county
[01:21:05.400 --> 01:21:06.400]  dismissed.
[01:21:06.400 --> 01:21:09.400]  This is retaliation for those three other tickets.
[01:21:09.400 --> 01:21:11.400]  That's beside the point.
[01:21:11.400 --> 01:21:12.400]  Here we go.
[01:21:12.400 --> 01:21:20.400]  So the cop changes the story at the scene because he realizes, oh, I got a witness in the car.
[01:21:20.400 --> 01:21:30.400]  And then when he goes to court, instead of producing, instead of talking about the charge on the ticket
[01:21:30.400 --> 01:21:37.400]  that said exactly these words, no seat belt, quote, unquote, he goes into his, well, he
[01:21:37.400 --> 01:21:40.400]  wasn't wearing it properly, routine.
[01:21:40.400 --> 01:21:44.400]  Now, there's the background.
[01:21:44.400 --> 01:21:51.400]  The defendant, I want to double check some things because the defendant has filed an appeal.
[01:21:51.400 --> 01:21:57.400]  In his appeal, he reserved his right, he said it, right in the appeal, to file additional
[01:21:57.400 --> 01:22:01.400]  information once he receives the transcript of the trial.
[01:22:01.400 --> 01:22:05.400]  But the court is dragging its feet at producing the transcript of the trial.
[01:22:05.400 --> 01:22:10.400]  The defendant asked the court clerk if the court had ordered a copy of the transcript.
[01:22:10.400 --> 01:22:15.400]  And the court clerk shrugged her shoulders and acted like she didn't care, and she wasn't
[01:22:15.400 --> 01:22:17.400]  even listening to the defendant.
[01:22:17.400 --> 01:22:19.400]  She acted like she wasn't even listening.
[01:22:19.400 --> 01:22:23.400]  Now, I'm going to say it's Boss Hog, Cangeroo Court, and the Dukes of Hazard are all alive
[01:22:23.400 --> 01:22:25.400]  and well in that county.
[01:22:25.400 --> 01:22:32.400]  Now, here's what an attorney told me last weekend that the defendant cannot file a challenge
[01:22:32.400 --> 01:22:36.400]  to the sufficiency of the charging instrument after the traffic trial.
[01:22:36.400 --> 01:22:39.400]  That sounds all wrong, am I right?
[01:22:39.400 --> 01:22:44.400]  This is a trial de novo.
[01:22:44.400 --> 01:22:46.400]  Yes, they can.
[01:22:46.400 --> 01:22:48.400]  It's a do-over.
[01:22:48.400 --> 01:22:49.400]  All right.
[01:22:49.400 --> 01:22:54.400]  Well, that tells me that maybe the attorney did tell me that he doesn't do appeal.
[01:22:54.400 --> 01:22:58.400]  So maybe that's why he didn't know that.
[01:22:58.400 --> 01:23:06.400]  Okay, then tell me if the following points hold water and were the driver's rights violated
[01:23:06.400 --> 01:23:09.400]  on each of these next points?
[01:23:09.400 --> 01:23:11.400]  Here we go.
[01:23:11.400 --> 01:23:16.400]  Charge on the ticket was worded no seat belt, then the cop changed the charge during the
[01:23:16.400 --> 01:23:17.400]  trial.
[01:23:17.400 --> 01:23:20.400]  He said you weren't wearing your seat belt properly.
[01:23:20.400 --> 01:23:24.400]  He doesn't, the words, you weren't wearing it properly.
[01:23:24.400 --> 01:23:28.400]  Contradict the charge on the ticket, no seat belt.
[01:23:28.400 --> 01:23:32.400]  Sure, it appears that way.
[01:23:32.400 --> 01:23:38.400]  And do you think there's any way they can convolut that and say, well, loosely translated,
[01:23:38.400 --> 01:23:40.400]  you weren't wearing it properly?
[01:23:40.400 --> 01:23:43.400]  You may as well not have been wearing your seat belt.
[01:23:43.400 --> 01:23:52.400]  Anything, okay, we've spoken to properly before in the code, is there a code that stipulates
[01:23:52.400 --> 01:24:01.400]  how the seat belt is to be worn and making it a crime not to wear the seat belt in that
[01:24:01.400 --> 01:24:02.400]  manner?
[01:24:02.400 --> 01:24:08.400]  Okay, I checked the, I finally, I remember I told you I found the UCC and I found finally
[01:24:08.400 --> 01:24:15.400]  in T-Law, the Vehicle and Traffic Law for New York State, and I read it and I didn't
[01:24:15.400 --> 01:24:16.400]  see anything.
[01:24:16.400 --> 01:24:22.400]  Now, I've got to read it three or four or five more times to see if there is that element
[01:24:22.400 --> 01:24:23.400]  in there.
[01:24:23.400 --> 01:24:30.400]  So, but anyhow, ordinarily the cop shot himself in the foot anyhow, didn't he, because the
[01:24:30.400 --> 01:24:34.400]  first he said one thing, then he said something else?
[01:24:34.400 --> 01:24:41.400]  Yes, but you would have been very helpful if you objected and moved to dismiss immediately.
[01:24:41.400 --> 01:24:43.400]  Oh yeah, he did, he did.
[01:24:43.400 --> 01:24:44.400]  Oh, good.
[01:24:44.400 --> 01:24:48.400]  He said, now tell me if this is proper objection.
[01:24:48.400 --> 01:24:57.400]  The defendant said, terror phrase it, your honor, the officer charged me on the ticket
[01:24:57.400 --> 01:24:59.400]  with no seat belt.
[01:24:59.400 --> 01:25:04.400]  Then, now he's saying I didn't wear a seat belt, proper.
[01:25:04.400 --> 01:25:10.400]  First, I'm not wearing it at all, now I'm not wearing it properly.
[01:25:10.400 --> 01:25:15.400]  And I can't remember the exact words, but he did object to that.
[01:25:15.400 --> 01:25:24.400]  Okay, then when you get to, okay, in the appeals court, is the trial court, in this case, a
[01:25:24.400 --> 01:25:26.400]  court of record?
[01:25:26.400 --> 01:25:31.400]  It is the trial, in other words, where the trial was held.
[01:25:31.400 --> 01:25:34.400]  You said you were asking for transcripts.
[01:25:34.400 --> 01:25:35.400]  Yes.
[01:25:35.400 --> 01:25:37.400]  So, it is a court of record.
[01:25:37.400 --> 01:25:41.400]  Yeah, yeah, I would say it is, yeah, I don't know what that means, but.
[01:25:41.400 --> 01:25:45.400]  Okay, that means that you appeal on point of error.
[01:25:45.400 --> 01:25:56.400]  So, your appeal should be that the officer, by his own testimony, testified that you were,
[01:25:56.400 --> 01:26:04.400]  in fact, wearing a seat belt, and therefore you would move the court for directed verdict.
[01:26:04.400 --> 01:26:06.400]  For directed verdict?
[01:26:06.400 --> 01:26:09.400]  Yes, of not guilty.
[01:26:09.400 --> 01:26:12.400]  A directed verdict of not guilty.
[01:26:12.400 --> 01:26:13.400]  Yep.
[01:26:13.400 --> 01:26:14.400]  Okay.
[01:26:14.400 --> 01:26:20.400]  Because you have testimony in the transcript that says he was wearing a seat belt.
[01:26:20.400 --> 01:26:22.400]  That's all they need.
[01:26:22.400 --> 01:26:24.400]  We don't go past that.
[01:26:24.400 --> 01:26:30.400]  Oh, yeah, he did have an affidavit, a sworn affidavit, and his witness produced a sworn
[01:26:30.400 --> 01:26:35.400]  affidavit saying, yes, officer, he was wearing a seat belt.
[01:26:35.400 --> 01:26:41.400]  Well, the officer himself testified that he was wearing a seat belt.
[01:26:41.400 --> 01:26:45.400]  Yeah, so that blows him out of the water with the charge on the ticket, doesn't it?
[01:26:45.400 --> 01:26:46.400]  Exactly.
[01:26:46.400 --> 01:26:54.400]  If they want to charge him with wearing the seat belt improperly, that's a separate issue.
[01:26:54.400 --> 01:26:56.400]  They would have to charge that separately.
[01:26:56.400 --> 01:27:04.400]  They can't change the charge in mid case because then you lacked notice.
[01:27:04.400 --> 01:27:06.400]  Yeah, for discovery.
[01:27:06.400 --> 01:27:07.400]  Yeah.
[01:27:07.400 --> 01:27:10.400]  Yeah, you have no claim for discovery.
[01:27:10.400 --> 01:27:17.400]  Well, you weren't noticed of what you were there to defend yourself against.
[01:27:17.400 --> 01:27:18.400]  Right.
[01:27:18.400 --> 01:27:21.400]  So that should be pretty easy for the appeals court.
[01:27:21.400 --> 01:27:24.400]  Okay, now.
[01:27:24.400 --> 01:27:31.400]  So even though the seat belt law might contain the words, well, you have to wear it this
[01:27:31.400 --> 01:27:34.400]  way, this way, and this way, otherwise it's wrong.
[01:27:34.400 --> 01:27:39.400]  Even if it has those words, the cop pulled himself out of the water anyway, didn't he?
[01:27:39.400 --> 01:27:42.400]  Yeah, he didn't charge him with improperly wearing his seat belt.
[01:27:42.400 --> 01:27:45.400]  He charged him with not wearing his seat belt.
[01:27:45.400 --> 01:27:47.400]  And that's the wrong charge.
[01:27:47.400 --> 01:27:48.400]  Right.
[01:27:48.400 --> 01:27:55.400]  So even though the law might support the court position and the cop's position, it still
[01:27:55.400 --> 01:27:59.400]  isn't going to hold water because he changed his charge.
[01:27:59.400 --> 01:28:01.400]  He's contradicting himself.
[01:28:01.400 --> 01:28:02.400]  Right.
[01:28:02.400 --> 01:28:03.400]  Am I right?
[01:28:03.400 --> 01:28:04.400]  Okay.
[01:28:04.400 --> 01:28:06.400]  Now the cop just had an accusation without evidence.
[01:28:06.400 --> 01:28:09.400]  This is what the defendant said during the trial.
[01:28:09.400 --> 01:28:12.400]  The cop had an accusation without evidence.
[01:28:12.400 --> 01:28:17.400]  The driver asked during the trial, he asked to cross-examine him, and he said, Officer,
[01:28:17.400 --> 01:28:19.400]  do you have evidence against me?
[01:28:19.400 --> 01:28:21.400]  Well, my observation.
[01:28:21.400 --> 01:28:23.400]  Do you have any pictures?
[01:28:23.400 --> 01:28:24.400]  No.
[01:28:24.400 --> 01:28:25.400]  Any witnesses?
[01:28:25.400 --> 01:28:26.400]  No.
[01:28:26.400 --> 01:28:30.400]  Or any witnesses sworn statements, and the witness couldn't be here, and the statements are.
[01:28:30.400 --> 01:28:31.400]  You know?
[01:28:31.400 --> 01:28:32.400]  The cop said no.
[01:28:32.400 --> 01:28:37.400]  So the defendant said, then you have only an accusation, no evidence, and you haven't
[01:28:37.400 --> 01:28:39.400]  followed the rules of evidence.
[01:28:39.400 --> 01:28:42.400]  Now is that statement, is everything I just said correct or am I all wet?
[01:28:42.400 --> 01:28:43.400]  Yes.
[01:28:43.400 --> 01:28:44.400]  Yes.
[01:28:44.400 --> 01:28:47.400]  Did he move for directed verdict?
[01:28:47.400 --> 01:28:50.400]  He said you should dismiss him.
[01:28:50.400 --> 01:28:51.400]  Okay.
[01:28:51.400 --> 01:28:52.400]  He moved for directed verdict.
[01:28:52.400 --> 01:28:59.400]  All of this is appealable, and this may make it past the county court, but no, no,
[01:28:59.400 --> 01:29:02.400]  I'm not sure how it works in New York.
[01:29:02.400 --> 01:29:07.400]  It shouldn't make it past the county court.
[01:29:07.400 --> 01:29:12.400]  From the county, do you appeal to the court of appeals, and there's no way this would make
[01:29:12.400 --> 01:29:18.400]  it past the court of appeals, because it would change underlying law.
[01:29:18.400 --> 01:29:21.400]  As far as I know, he did appeal to the county court.
[01:29:21.400 --> 01:29:22.400]  Is that correct?
[01:29:22.400 --> 01:29:23.400]  Yes.
[01:29:23.400 --> 01:29:25.400]  The county court, that's generally correct.
[01:29:25.400 --> 01:29:27.400]  That's the way it is in most states.
[01:29:27.400 --> 01:29:39.400]  From an inferior court, which is a municipal or justice court, it appeals to a county court
[01:29:39.400 --> 01:29:42.400]  as a rule.
[01:29:42.400 --> 01:29:46.400]  Does New York actually have a county court, or do they have a supreme?
[01:29:46.400 --> 01:29:48.400]  Oh yeah, they have a supreme court.
[01:29:48.400 --> 01:29:53.400]  I'm not sure what cases go to the supreme court, but we have a supreme court.
[01:29:53.400 --> 01:29:59.400]  If New York's backwards, the supreme court, hang on, we're going to break, we'll be right back.
[01:29:59.400 --> 01:30:02.400]  Okay.
[01:30:02.400 --> 01:30:06.400]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:30:06.400 --> 01:30:09.400]  They guarantee the specific freedoms Americans should know and protect.
[01:30:09.400 --> 01:30:11.400]  Our liberty depends on it.
[01:30:11.400 --> 01:30:17.400]  I'm Dr. Catherine Albright, and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:30:17.400 --> 01:30:19.400]  Privacy is under attack.
[01:30:19.400 --> 01:30:22.400]  When you give up data about yourself, you'll never get it back again.
[01:30:22.400 --> 01:30:27.400]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.400 --> 01:30:32.400]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:32.400 --> 01:30:35.400]  Privacy, it's worth hanging on to.
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[01:30:48.400 --> 01:30:51.400]  They pull back the covers and find a third party there.
[01:30:51.400 --> 01:30:54.400]  He announces, I'm with the military and I'm sleeping here tonight.
[01:30:54.400 --> 01:31:00.400]  That shocking image of a third party in my parents' bed reminds me what the Third Amendment was designed to prevent.
[01:31:00.400 --> 01:31:06.400]  It protects us from being forced to share our homes with soldiers, a common demand in the days of our founding fathers.
[01:31:06.400 --> 01:31:08.400]  Third party, Third Amendment?
[01:31:08.400 --> 01:31:09.400]  Get it?
[01:31:09.400 --> 01:31:17.400]  So if you answer a knock at your door and guys in fatigues demand lodging, tune to dust off their copy of the Bill of Rights and reread the Third Amendment.
[01:31:17.400 --> 01:31:22.400]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.400 --> 01:31:36.400]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.400 --> 01:31:38.400]  The government says that fire brought it down.
[01:31:38.400 --> 01:31:43.400]  However, 1500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.400 --> 01:31:48.400]  6,000 of my fellow service members have given their lives and thousands of my fellow force responders have died.
[01:31:48.400 --> 01:31:50.400]  I'm not a conspiracy theorist.
[01:31:50.400 --> 01:31:51.400]  I'm a structural engineer.
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[01:33:21.400 --> 01:33:26.400]  Okay, we are back.
[01:33:26.400 --> 01:33:31.400]  Randy Kelton of Rula Radio on this, the 7th day of December 2018 for a Harbor Day.
[01:33:31.400 --> 01:33:33.400]  And we're talking to John in New York.
[01:33:33.400 --> 01:33:34.400]  Okay, John.
[01:33:34.400 --> 01:33:35.400]  All right.
[01:33:35.400 --> 01:33:39.400]  I think we got this pretty well covered.
[01:33:39.400 --> 01:33:41.400]  Oh, there's a lot more.
[01:33:41.400 --> 01:33:42.400]  There's a lot more.
[01:33:42.400 --> 01:33:43.400]  Yeah, but let me go.
[01:33:43.400 --> 01:33:44.400]  Okay.
[01:33:44.400 --> 01:33:50.400]  Let's go to, but let's do salient issues and not just tear this thing apart in irrelevant
[01:33:50.400 --> 01:33:54.400]  and excruciating detail.
[01:33:54.400 --> 01:33:55.400]  Okay, all right.
[01:33:55.400 --> 01:33:59.400]  The cop gave the driver a ticket and a deposition at the scene.
[01:33:59.400 --> 01:34:05.400]  The driver asked for a deposition and writing properly from the court later on and got no deposition.
[01:34:05.400 --> 01:34:08.400]  What does deposition mean?
[01:34:08.400 --> 01:34:12.400]  Well, deposition is, you don't have deposition in Texas?
[01:34:12.400 --> 01:34:13.400]  No.
[01:34:13.400 --> 01:34:25.400]  Okay, a deposition is an instrument that sheds a little more light or a lot more light as it should be on the charge and the nature of it.
[01:34:25.400 --> 01:34:26.400]  In other words...
[01:34:26.400 --> 01:34:28.400]  Statement of facts.
[01:34:28.400 --> 01:34:30.400]  Statement of the facts, yep.
[01:34:30.400 --> 01:34:38.400]  And that deposition, if you ask for it in a timely fashion, they have to furnish it from the court in a timely fashion.
[01:34:38.400 --> 01:34:43.400]  And if they don't, you get the ticket automatically dismissed.
[01:34:43.400 --> 01:34:44.400]  All right.
[01:34:44.400 --> 01:34:46.400]  And that's in law.
[01:34:46.400 --> 01:34:48.400]  That is rock solid.
[01:34:48.400 --> 01:34:49.400]  And we've used it before.
[01:34:49.400 --> 01:34:52.400]  That's how he got three tickets dismissed before.
[01:34:52.400 --> 01:35:01.400]  And now everybody's mad at him, cops, the judges, and everybody else because he got three tickets dismissed.
[01:35:01.400 --> 01:35:02.400]  That's what this is all about.
[01:35:02.400 --> 01:35:04.400]  It's called retaliation anyway.
[01:35:04.400 --> 01:35:08.400]  So the cop gave the ticket and the deposition at the scene.
[01:35:08.400 --> 01:35:15.400]  The driver asked for a deposition properly in writing from the court later on and got no deposition from the court.
[01:35:15.400 --> 01:35:18.400]  The judge said, the court will proceed.
[01:35:18.400 --> 01:35:23.400]  The officer already gave you a deposition, so he was not going to dismiss...
[01:35:23.400 --> 01:35:29.400]  So the judge says, I'm not going to dismiss the ticket according to law because you already had one from the cop.
[01:35:29.400 --> 01:35:35.400]  Now, does the cop's deposition eliminate the need for the court-ordered deposition?
[01:35:35.400 --> 01:35:36.400]  Yes.
[01:35:36.400 --> 01:35:43.400]  Oh, so in other words, even though the court didn't send one, he already got one?
[01:35:43.400 --> 01:35:53.400]  If the officer gave a statement and your deposition is construed as a statement, yes, he did.
[01:35:53.400 --> 01:36:01.400]  Well, okay, I thought it was the other way around that you still have the right to ask for it from the court.
[01:36:01.400 --> 01:36:04.400]  You're asking for something you already got.
[01:36:04.400 --> 01:36:13.400]  And the point of the deposition is that the court is bound to what is in that.
[01:36:13.400 --> 01:36:18.400]  So does it really matter when you get it?
[01:36:18.400 --> 01:36:22.400]  Better if you get it quickly because the cop's more likely to make a mistake.
[01:36:22.400 --> 01:36:29.400]  Wouldn't it be that there could be more information later on that they might add to it?
[01:36:29.400 --> 01:36:31.400]  Yes, there could be.
[01:36:31.400 --> 01:36:33.400]  Are they required to?
[01:36:33.400 --> 01:36:37.400]  Well, I'm going to have to really...
[01:36:37.400 --> 01:36:39.400]  I'm going to have to see if that law has been updated.
[01:36:39.400 --> 01:36:45.400]  See, again, if the law doesn't say, well, if you got one from the court, then you don't get one from the...
[01:36:45.400 --> 01:36:54.400]  You're splitting a legal hair here that won't go to the adjudication of the case.
[01:36:54.400 --> 01:36:59.400]  Okay, so this would have to go to a much higher court, wouldn't it?
[01:36:59.400 --> 01:37:03.400]  No, it goes to so what?
[01:37:03.400 --> 01:37:04.400]  Oh, okay.
[01:37:04.400 --> 01:37:07.400]  In other words, how are you harmed by this?
[01:37:07.400 --> 01:37:09.400]  Okay, all right.
[01:37:09.400 --> 01:37:16.400]  The postmaster said nothing came through and they... Well, okay, so you say that doesn't make any difference.
[01:37:16.400 --> 01:37:20.400]  Yeah, you're saying, well, the court didn't give me a deposition.
[01:37:20.400 --> 01:37:23.400]  The court said, well, the police meant it.
[01:37:23.400 --> 01:37:30.400]  Is there any reason to believe that the one the court would give you would be substantially different than the one you've already got?
[01:37:30.400 --> 01:37:32.400]  All right, all right.
[01:37:32.400 --> 01:37:42.400]  Next, the driver gave about 10 pictures proving that what the cop claims he saw cannot possibly happen with that particular car.
[01:37:42.400 --> 01:37:44.400]  That's an older model car.
[01:37:44.400 --> 01:37:48.400]  The cop described the way he wore the seatbelt all wrong.
[01:37:48.400 --> 01:37:51.400]  Now, it'll mean that the driver wore it wrong.
[01:37:51.400 --> 01:37:57.400]  I'm saying the cop could not have possibly seen what he testified that he saw.
[01:37:57.400 --> 01:38:03.400]  And that's because he didn't realize that that car, the inside is a little different from most cars.
[01:38:03.400 --> 01:38:07.400]  So I know that the cop was lying, but that's beside the point again.
[01:38:07.400 --> 01:38:11.400]  And the seatbelt cannot do what the cop described.
[01:38:11.400 --> 01:38:15.400]  Okay, did you charge the officer with aggravated perjury?
[01:38:15.400 --> 01:38:17.400]  No, no.
[01:38:17.400 --> 01:38:18.400]  Why not?
[01:38:18.400 --> 01:38:21.400]  Okay, well, okay, I read you loud and clear there.
[01:38:21.400 --> 01:38:26.400]  Okay, you're splitting some really, really fine hairs here.
[01:38:26.400 --> 01:38:28.400]  But then you're not...
[01:38:28.400 --> 01:38:30.400] ...following through.
[01:38:30.400 --> 01:38:32.400]  Taking, following through.
[01:38:32.400 --> 01:38:34.400]  Yeah, I'm not following through.
[01:38:34.400 --> 01:38:37.400]  Okay, then the judge returned the pictures.
[01:38:37.400 --> 01:38:40.400]  I thought the judge was supposed to keep the pictures in evidence.
[01:38:40.400 --> 01:38:43.400]  Did he do something wrong by returning them?
[01:38:43.400 --> 01:38:46.400]  Yes, they should be in the record.
[01:38:46.400 --> 01:38:49.400]  Well, what can we charge the judge with?
[01:38:49.400 --> 01:38:53.400]  Nothing, unless you raise an objection.
[01:38:53.400 --> 01:39:01.400]  If you offered them an evidence, you'd have to ask the court to place these pictures in evidence.
[01:39:01.400 --> 01:39:06.400]  If you didn't ask him to do that, the judge is not bound.
[01:39:06.400 --> 01:39:09.400]  And the judge is going to say they're not relevant.
[01:39:09.400 --> 01:39:11.400]  Okay, here's a good one.
[01:39:11.400 --> 01:39:15.400]  Now, this is really, really bad for the cop and good for the defendant.
[01:39:15.400 --> 01:39:20.400]  The cop was about six or seven feet away from the defendant in the courtroom.
[01:39:20.400 --> 01:39:23.400]  And he commented, he made a comment.
[01:39:23.400 --> 01:39:26.400]  He says, well, I saw your seatbelt the way I see.
[01:39:26.400 --> 01:39:28.400]  You've got black hair.
[01:39:28.400 --> 01:39:33.400]  Now, remember, he's sitting six or seven feet away from him, the defendant in the cop.
[01:39:33.400 --> 01:39:37.400]  The defendant corrected the cop and said, but I have brown hair.
[01:39:37.400 --> 01:39:39.400]  The judge said nothing.
[01:39:39.400 --> 01:39:46.400]  And the cop then said, well, I have visual problems.
[01:39:46.400 --> 01:39:50.400]  You see what I'm saying? This is like boss high.
[01:39:50.400 --> 01:39:56.400]  Okay, but you're going to a whole lot of stuff that's unnecessary.
[01:39:56.400 --> 01:40:03.400]  Yeah, but I want to put it in because I like to really have a, instead of a six shot.
[01:40:03.400 --> 01:40:05.400]  Okay, John, John, hold on.
[01:40:05.400 --> 01:40:09.400]  I like to take cases apart.
[01:40:09.400 --> 01:40:19.400]  But only where taking the case apart leads us to a different outcome than we would otherwise not have.
[01:40:19.400 --> 01:40:29.400]  You're just pounding minor details when they're relevant at this point.
[01:40:29.400 --> 01:40:31.400]  All right. Well, the cop can't see good.
[01:40:31.400 --> 01:40:37.400]  I mean, how is he going to see somebody wearing a seatbelt driving down the street with slightly tinted glass?
[01:40:37.400 --> 01:40:45.400]  Okay, yeah, we got that point. Everybody listening, he's got that point for the cop to say something like that.
[01:40:45.400 --> 01:40:49.400]  Obviously, he's not a credible witness.
[01:40:49.400 --> 01:40:51.400]  Yeah.
[01:40:51.400 --> 01:41:00.400]  Okay, but then we got other colors here and you're going through excruciating irrelevant detail.
[01:41:00.400 --> 01:41:02.400]  All right, I got you.
[01:41:02.400 --> 01:41:10.400]  We can do this for a week. You can come up with every teeny, tiny, minor little thing they might have done wrong.
[01:41:10.400 --> 01:41:14.400]  But for most of them, of course, you're going to say so what?
[01:41:14.400 --> 01:41:19.400]  Okay, then I did one last important question, one last important one.
[01:41:19.400 --> 01:41:21.400]  Okay.
[01:41:21.400 --> 01:41:25.400]  The defendant had a witness in the car.
[01:41:25.400 --> 01:41:27.400]  Excuse me.
[01:41:27.400 --> 01:41:36.400]  The defendant had a witness in the car when the cop stopped him and I got told to the driver and the witness, each signed a sworn affidavit that he was wearing a seatbelt.
[01:41:36.400 --> 01:41:41.400]  The witness is 87 and I know for a fact he couldn't hear the question during the trial.
[01:41:41.400 --> 01:41:54.400]  I know I've known him for years and he answered it the opposite from his sworn affidavit because he misunderstood the question and the judge jumped at the chance and that's why he found...
[01:41:54.400 --> 01:41:57.400]  Okay, we've been through this on the air before. Okay.
[01:41:57.400 --> 01:42:02.400]  If the defendant hurt the defendant, that's all I want to know. Then should we bring it up?
[01:42:02.400 --> 01:42:17.400]  No, you don't need to. You're bringing up just excruciating detail that you're going to the merits and it's my position, never ever go to the merits if you can avoid it.
[01:42:17.400 --> 01:42:21.400]  Okay, I know you said that and I should know better than to go through this.
[01:42:21.400 --> 01:42:25.400]  Okay, so just summarize the main points and I'm done.
[01:42:25.400 --> 01:42:30.400]  Just summarize what he should include in the appeal.
[01:42:30.400 --> 01:42:41.400]  You were charged with no seatbelt, the officer testified that you were wearing a seatbelt, grounds for directed verdict.
[01:42:41.400 --> 01:42:51.400]  You asked for a directed verdict, the judge denied you a directed verdict, asked the court to rule that you had a right to a directed verdict.
[01:42:51.400 --> 01:42:54.400]  Okay.
[01:42:54.400 --> 01:43:06.400]  And do not get into I was wearing a seatbelt, I wasn't wearing a seatbelt, they couldn't see, do not get into those places.
[01:43:06.400 --> 01:43:17.400]  The policeman testified that he was wearing a seatbelt after recharging without wearing a seatbelt. You can't get past that.
[01:43:17.400 --> 01:43:22.400]  If you step over it, the court's going to step over it with you.
[01:43:22.400 --> 01:43:26.400]  Okay, then should I word it this way? This is how I word it.
[01:43:26.400 --> 01:43:28.400]  Quickly, 30 seconds.
[01:43:28.400 --> 01:43:29.400]  Got it.
[01:43:29.400 --> 01:43:38.400]  I file a challenge to the sufficiency of the charging instrument, it failed to give me a fail to give sufficient notice of the nature of the claim again.
[01:43:38.400 --> 01:43:43.400]  No, no, no, you're now you're going to the second charge.
[01:43:43.400 --> 01:43:44.400]  All right.
[01:43:44.400 --> 01:43:46.400]  Jumped right over the main one.
[01:43:46.400 --> 01:43:48.400]  Hang on, we'll pick this up on the other side.
[01:43:48.400 --> 01:44:00.400]  Randy Kelton, Roova Radio, I call it number 512646, 1984. We'll be right back.
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[01:46:19.400 --> 01:46:29.400]  Okay, we are back. Randy Kelton, rule of law radio and we're finishing up with John. John, you jumped over the issue that mattered.
[01:46:29.400 --> 01:46:39.400]  There's only one issue here. What was the individual charged with?
[01:46:39.400 --> 01:46:50.400]  We don't go to anything else. The only thing that's before the court is what he was charged with. He was charged with no seatbelt.
[01:46:50.400 --> 01:46:58.400]  Officer testified that in fact he was wearing a seatbelt. Don't let him get past that.
[01:46:58.400 --> 01:47:07.400]  Whether or not you were wearing it properly, that's going to go to the discretion of the court and they will always rule against you.
[01:47:07.400 --> 01:47:19.400]  So when you get to the court of appeals, you'll actually argue these other issues, but argue this one all by itself and ask for directed verdict.
[01:47:19.400 --> 01:47:24.400]  Then go to the others. Do not allow these to mix together.
[01:47:24.400 --> 01:47:30.400]  So what are you saying? Are you saying that I should include all that other stuff in the appeal?
[01:47:30.400 --> 01:47:39.400]  Yeah, in appeal, you want to throw everything at them, but keep them separate.
[01:47:39.400 --> 01:47:45.400]  He was accused of not wearing a seatbelt. The officer testified that he was wearing a seatbelt.
[01:47:45.400 --> 01:47:52.400]  You asked the court to rule that the trial court erred when it failed to dismiss.
[01:47:52.400 --> 01:47:57.400]  Then if you want to talk about something else, go to it separately, but don't mix these two together.
[01:47:57.400 --> 01:48:03.400]  Yeah, you've probably got a hundred things in there. Of course, you're going to ignore almost all of them.
[01:48:03.400 --> 01:48:16.400]  The thing you want to look for in an appeal is if the court rules against you, will it undermine standing law?
[01:48:16.400 --> 01:48:20.400]  Right. I know you've mentioned that before.
[01:48:20.400 --> 01:48:28.400]  They charge you with one thing and he testifies that you didn't violate that.
[01:48:28.400 --> 01:48:36.400]  If the court allows that to go through, you file that with the court of appeals and they allow that to go through law changes.
[01:48:36.400 --> 01:48:39.400]  200 years of law changes.
[01:48:39.400 --> 01:48:40.400]  Right.
[01:48:40.400 --> 01:48:42.400]  They're not going to want that to happen.
[01:48:42.400 --> 01:48:46.400]  Right. Okay, so just tell me how I should word it.
[01:48:46.400 --> 01:48:53.400]  No, no, no. I got a whole stack of collars here. I am not going to write your pleading on the air.
[01:48:53.400 --> 01:48:58.400]  We've been through that wording 10 or 15 times. I'm not going through it yet.
[01:48:58.400 --> 01:49:02.400]  Well, I think I go to the archives and listen to the archive.
[01:49:02.400 --> 01:49:09.400]  Well, no, I got it. I think I got it, but I just, you know, it was not my thing that you can do.
[01:49:09.400 --> 01:49:18.400]  Yes, but in English, you speak English, the officer charged you with not wearing a seat belt.
[01:49:18.400 --> 01:49:26.400]  The officer testified that you were wearing a seat belt. How hard is that to put together?
[01:49:26.400 --> 01:49:29.400]  Then it's like three sentences long. That's what you're telling me.
[01:49:29.400 --> 01:49:30.400]  Yes.
[01:49:30.400 --> 01:49:32.400]  Okay, got it. That's all I need to know.
[01:49:32.400 --> 01:49:39.400]  Okay. Okay. I'm going to go on to somebody else. We just got a call on the break. We got people waiting.
[01:49:39.400 --> 01:49:42.400]  You can't get on and you're making me nuts with these.
[01:49:42.400 --> 01:49:45.400]  Thank you. Thank you. Thank you. Details. Okay.
[01:49:45.400 --> 01:49:50.400]  Now we're going to Adam in Texas. Hello, Adam.
[01:49:50.400 --> 01:49:52.400]  Can you hear me or any?
[01:49:52.400 --> 01:49:54.400]  Yes, I can.
[01:49:54.400 --> 01:50:04.400]  Can I file for discovery? Are they obligated to mail me the discovery I'm asking for?
[01:50:04.400 --> 01:50:11.400]  Or can they limit me to only being able to come in to the court and inspect it?
[01:50:11.400 --> 01:50:18.400]  They can. Okay. Under the Michael Morton Act, if you're pro se, they can limit you to inspecting it.
[01:50:18.400 --> 01:50:20.400]  But they don't have to mail it to me.
[01:50:20.400 --> 01:50:25.400]  No. There are some of it they have to give to you.
[01:50:25.400 --> 01:50:31.400]  And others you read 39.14.
[01:50:31.400 --> 01:50:44.400]  It stipulates that it has some unusual stipulation for pro se litigants and that is problematic because they treat pro se litigants different than they treat lawyers.
[01:50:44.400 --> 01:50:50.400]  And that needs to be challenged, but it hasn't yet. So, yes, they can force you to come in and look at it.
[01:50:50.400 --> 01:50:55.400]  But if they try to prevent you from photographing it, then you call 9-1-1.
[01:50:55.400 --> 01:50:58.400]  And we've had that happen before.
[01:50:58.400 --> 01:51:02.400]  Okay. And that's 39.14 of Kodakermal Cheecher?
[01:51:02.400 --> 01:51:04.400]  Yes.
[01:51:04.400 --> 01:51:08.400]  Okay. And the Michael Morton Act, gotcha.
[01:51:08.400 --> 01:51:17.400]  In regards to statute of limitations, I was listening to one of your shows, I guess, from a couple of months ago.
[01:51:17.400 --> 01:51:28.400]  And correct me if I'm wrong, were you saying that the statute of limitations clock doesn't start on a judge until after they are not a judge?
[01:51:28.400 --> 01:51:34.400]  Right. I'm trying to remember. If Ken was here, he would remember that one.
[01:51:34.400 --> 01:51:45.400]  There was a big case in Chicago where the feds went after a judge for crimes he had been committing for 20 years.
[01:51:45.400 --> 01:51:53.400]  And the judge complained that the statute of limitations on a lot of those crimes had run.
[01:51:53.400 --> 01:52:04.400]  And it got to the Supreme and the Supreme said, if you are in a position that would allow you to shield yourself from the prosecution from these charges,
[01:52:04.400 --> 01:52:11.400]  then the clock doesn't start running on statute of limitations until you're out of that position.
[01:52:11.400 --> 01:52:19.400]  So that all of the crimes he had committed during his entire time in office, he was subject to prosecution for.
[01:52:19.400 --> 01:52:27.400]  Okay. All right. I'll try to find that case. I mean, that case, would that apply in Texas or is that the one in Chicago?
[01:52:27.400 --> 01:52:34.400]  That was a federal ruling. Send me a request for it. I'll send it to Ken.
[01:52:34.400 --> 01:52:41.400]  That'll remind me too. I'll send it to Ken. Get the case. He'll have it run on top of his head.
[01:52:41.400 --> 01:52:53.400]  Okay. Well, back here in Texas, the statute of limitations, you know, a class A misdemeanor, it just says that the complaint must be filed before two years and not after.
[01:52:53.400 --> 01:53:08.400]  So when I emailed criminal complaint to the just, to the driver, the Texas Ranger public integrity unit, I did that about a week before this two-year statute of limitations would run out.
[01:53:08.400 --> 01:53:19.400]  And this is on a judge. So, I mean, whether or not that federal ruling kicks in or not, is the public integrity unit, is that considered a proper filing authority?
[01:53:19.400 --> 01:53:25.400]  So I can say I have put my complaint in before the statute of limitations.
[01:53:25.400 --> 01:53:35.400]  It's hard to say. You gave notice. The complaint is required to be acknowledged.
[01:53:35.400 --> 01:53:49.400]  So they may say that it exceeds the statute of limitations. But you can argue that and you can argue the fact that the judge is still in office, so he's in a position to protect himself.
[01:53:49.400 --> 01:54:02.400]  So you'd have to get this argument. I don't think they'll accept an email complaint as sufficient unless you have a verified criminal affidavit attached.
[01:54:02.400 --> 01:54:11.400]  Well, I just sent the public integrity unit pictures of my verified criminal affidavit.
[01:54:11.400 --> 01:54:13.400]  That's enough.
[01:54:13.400 --> 01:54:23.400]  They responded to me about a week later. Well, they, I guess the Austin office kicked it down to a local Ranger and he emailed me back.
[01:54:23.400 --> 01:54:29.400]  And I've got those emails too where they corresponded with him. They said, you know, basically anything.
[01:54:29.400 --> 01:54:36.400]  Okay, they treated it as if it were properly filed. That's good enough.
[01:54:36.400 --> 01:54:41.400]  Okay, so that means even though it was a week or 42 years, I'm in.
[01:54:41.400 --> 01:54:42.400]  You're in.
[01:54:42.400 --> 01:54:43.400]  I'm in.
[01:54:43.400 --> 01:54:58.400]  If they want to say it wasn't properly filed and they should have given you that notice and not responded as if it were properly filed, because now you had no reason to refile it some different way.
[01:54:58.400 --> 01:55:00.400]  Correct.
[01:55:00.400 --> 01:55:04.400]  I don't think they could get past it anyway. And it sounds like they accepted it.
[01:55:04.400 --> 01:55:12.400]  And as long as they had notice, they had, they had official notice and they acted on that notice.
[01:55:12.400 --> 01:55:17.400]  I don't think they're going to be able to claim limitations at this point.
[01:55:17.400 --> 01:55:23.400]  Great. So basically I made it in regardless of the Chicago federal ruling.
[01:55:23.400 --> 01:55:25.400]  Yeah, I think you're ahead of it.
[01:55:25.400 --> 01:55:35.400]  I understand it. Okay.
[01:55:35.400 --> 01:55:37.400]  Sorry, one second.
[01:55:37.400 --> 01:55:39.400]  Look at my note too.
[01:55:39.400 --> 01:55:44.400]  Oh, okay.
[01:55:44.400 --> 01:55:47.400]  Is there any rules that you know of?
[01:55:47.400 --> 01:55:48.400]  It's a J.
[01:55:48.400 --> 01:55:51.400]  It's a just for the piece of a case of their office.
[01:55:51.400 --> 01:55:59.400]  I know I'm aware of there's certain procedures, you know, the county judge can appoint someone in there if there's a vacation in the office.
[01:55:59.400 --> 01:56:00.400]  Do you know anything?
[01:56:00.400 --> 01:56:02.400]  I heard it just from a guy.
[01:56:02.400 --> 01:56:04.400]  I don't know, but I can't find it.
[01:56:04.400 --> 01:56:12.400]  Is there anything about where if a judge, like a J.P., vacates their office?
[01:56:12.400 --> 01:56:22.400]  Can the, can the county judge just appoint anybody or do they have to grab the person who came in second in the election?
[01:56:22.400 --> 01:56:24.400]  No, they can appoint anybody.
[01:56:24.400 --> 01:56:26.400]  Anybody, that doesn't matter.
[01:56:26.400 --> 01:56:27.400]  Okay.
[01:56:27.400 --> 01:56:28.400]  Right.
[01:56:28.400 --> 01:56:29.400]  All right.
[01:56:29.400 --> 01:56:36.400]  And is there any DPS policy that you're aware of where the DPS officer wants the individuals arrested?
[01:56:36.400 --> 01:56:42.400]  Do they have to put them in the back seat or can they put them in the passenger seat or anywhere they want, strap one of the hood of the car?
[01:56:42.400 --> 01:56:47.400]  Well, they can put them in where they want to under law.
[01:56:47.400 --> 01:56:48.400]  Yeah.
[01:56:48.400 --> 01:56:54.400]  They may have policy, but the law doesn't address that.
[01:56:54.400 --> 01:56:56.400]  Okay.
[01:56:56.400 --> 01:57:05.400]  They're generally put in the back seat for the safety of the officer, but so far as I know there is no statutory requirement.
[01:57:05.400 --> 01:57:06.400]  Right.
[01:57:06.400 --> 01:57:07.400]  Yeah, no, no.
[01:57:07.400 --> 01:57:09.400]  There was one that would only be policy.
[01:57:09.400 --> 01:57:11.400]  I'll stress that.
[01:57:11.400 --> 01:57:29.400]  So as far as the criminal complaint on the judge, it's been about two weeks now since I emailed pictures of the criminal affidavit to the public authority unit.
[01:57:29.400 --> 01:57:34.400]  I'm going to basically, it's probably time to call the district attorney now and see if he knows anything about it.
[01:57:34.400 --> 01:57:35.400]  Okay.
[01:57:35.400 --> 01:57:47.400]  Now I would suggest not calling the district attorney because as far as you're concerned, the district attorney has no business in this.
[01:57:47.400 --> 01:57:54.400]  He's forbidden by 2.03 to have anything to do with it.
[01:57:54.400 --> 01:58:09.400]  It's your position that the Texas Ranger had a duty to file that complaint with a grant with a, with some magistrate of the county and the magistrate had a duty to render a ruling.
[01:58:09.400 --> 01:58:28.400]  And send the ruling under 17.3.0, seal the ruling and all documents had in the case in an envelope cause his name to be written across the seal of the envelope and forward it to the clerk of the court of jurisdiction, 17.3.0.
[01:58:28.400 --> 01:58:38.400]  Then the clerk of the court of jurisdiction was required to keep all those papers safe under 17.3.1 and deliver them up to the next grand jury.
[01:58:38.400 --> 01:58:42.400]  That's what the statutory procedure requires.
[01:58:42.400 --> 01:58:43.400]  Hang on.
[01:58:43.400 --> 01:58:44.400]  Go into break.
[01:58:44.400 --> 01:58:50.400]  Randy Kelton, we'll be right back.
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