ROL_2019-03-21_16k.timecode
[00:00.000 --> 00:05.840] The following news flashes brought to you by The Low Star Lowdown, providing your daily
[00:05.840 --> 00:08.440] bulletins for the commodity market.
[00:08.440 --> 00:21.280] Today in history, news updates and the inside scoop into the tides of the alternative.
[00:21.280 --> 00:29.080] Markets for Wazeva 6th of February 2019 opened with gold at $1,313.70 an ounce, silver $15.77
[00:29.080 --> 00:36.720] an ounce, copper $2.83 an ounce, oil Texas Crude $3.66 a barrel, Brent Crude $61.98 a
[00:36.720 --> 00:45.480] barrel, and cryptos in order of market capitalization, Bitcoin $3,401.64, Ripple XRP $0.29, a theory
[00:45.480 --> 00:51.720] of $103.10 and Eos is at $2.32 a crypto coin.
[00:51.720 --> 00:59.600] Today in history, the year 1918, British women over the age of 30 who meet minimum property
[00:59.600 --> 01:04.520] qualifications get the right to vote when the representation of the People Act of 1918
[01:04.520 --> 01:06.040] was passed by parliament.
[01:06.040 --> 01:09.520] Today in history.
[01:09.520 --> 01:14.200] In recent news, several Texas-based organizations filed a lawsuit today requesting that a federal
[01:14.200 --> 01:18.920] court stop the state from flagging about 95,000 people as potentially illegally registered
[01:18.920 --> 01:19.920] to vote.
[01:19.920 --> 01:25.280] This was compiled after an 11-month-long investigation by the office of the Texas Secretary of State
[01:25.280 --> 01:29.960] and the Texas Department of Public Safety, which sought to identify non-U.S. citizens
[01:29.960 --> 01:33.320] who were registered to vote when obtaining major arbitrage license.
[01:33.320 --> 01:37.000] Over half of the 95,000 didn't devote, it seems.
[01:37.000 --> 01:41.040] However, further controversy was raised when it became clear that some of the names were
[01:41.040 --> 01:45.360] not in fact belonging to those who were non-citizens and registered.
[01:45.360 --> 01:50.840] Apparently around 25% of all Latino immigrants become naturalized, gaining the right to vote.
[01:50.840 --> 01:55.240] Registered voters who receive letters querying their citizenship have 30 days to respond
[01:55.240 --> 01:57.040] with proof of eligibility.
[01:57.040 --> 02:01.200] Texas Attorney General Ken Paxton and David Whitley, the Texas Secretary of State, have
[02:01.200 --> 02:08.960] yet to officially comment regarding this list and any updates pertaining to it.
[02:08.960 --> 02:14.360] A Texas man of only 24 years old, William Brown, died from a severed artery in his neck after
[02:14.360 --> 02:16.920] a vape pen exploded while he was using it.
[02:16.920 --> 02:20.640] It apparently happened in the parking lot of the vape shop where he got it.
[02:20.640 --> 02:24.240] An x-ray revealed that a piece of metal was embedded in his brainstem.
[02:24.240 --> 02:30.440] The vape store, Smoke and Vape DZ, has refused to comment.
[02:30.440 --> 02:35.200] First edition anchorwoman, Kristen Diaz, interviewed Aislin Campbell, the executive director of
[02:35.200 --> 02:40.160] Grow Local, South Texas, concerning the upcoming Texas Organic Farmers and Gardeners Association
[02:40.160 --> 02:44.560] Conference, which will be taking place at the Corpus Christi Omni Hotel from February
[02:44.560 --> 02:47.440] 14th to 16th, 6 to 9 p.m.
[02:47.440 --> 02:51.440] You can find the interview at kiiitv.com.
[02:51.440 --> 03:19.440] This is Rick Rody with your lowdown for February 6th, 2019.
[03:19.440 --> 03:49.320] Okay, howdy howdy, Randy Kelton, Debra Stevens, Rue LaRadeo on this Thursday, the 21st
[03:49.320 --> 03:53.600] day of March, 2018.
[03:53.600 --> 03:56.720] These would be the aides of March.
[03:56.720 --> 04:04.720] We're already a quarter of the way into the year, and things are moving along on my side.
[04:04.720 --> 04:12.840] We've got two or three different approaches to the electronic lawyer project, and I am
[04:12.840 --> 04:20.080] in Tennessee with someone who came here to see me, who is an artificial intelligence
[04:20.080 --> 04:25.560] programmer, and we're building some really sophisticated tools to add to the project,
[04:25.560 --> 04:28.960] so the project's growing considerably.
[04:28.960 --> 04:34.960] We do have our phone lines open, call in numbers 512-646-1984.
[04:34.960 --> 04:39.400] If you have a question or a comment, give us a call, we'll have the phone lines open
[04:39.400 --> 04:40.400] all night.
[04:40.400 --> 04:52.520] But we're looking at, right now, getting the government to pay us to do this.
[04:52.520 --> 04:58.160] It was kind of a, and looking around for the best way to get this thing done, I was looking
[04:58.160 --> 05:07.200] at going to law firms and taking all of their documentation and programming it into our
[05:07.200 --> 05:13.680] tool, and then building questionnaires that ask for information that would point at one
[05:13.680 --> 05:19.040] motion or pleading or another one, and then the system would produce the motion or pleading
[05:19.040 --> 05:22.160] in the voice of the law firm.
[05:22.160 --> 05:30.840] That kind of led me to the largest law firm of all, the Justice Department.
[05:30.840 --> 05:39.080] And looking at, we've complained a lot about the deal and about how the average conviction
[05:39.080 --> 05:46.280] rate for all crimes across the board is, in every state I've looked at, is 99.6.
[05:46.280 --> 05:50.440] There's a real good reason for that.
[05:50.440 --> 05:54.800] And it's not because of some grand conspiracy.
[05:54.800 --> 05:58.800] There's not some major bad guy out to get us.
[05:58.800 --> 06:01.320] It's worse than that.
[06:01.320 --> 06:07.600] It's just the natural consequences of our lack of attention.
[06:07.600 --> 06:14.680] You got a prosecutor here who is always limited in his budget.
[06:14.680 --> 06:24.240] He's got this caseload that he has to get cleared, and he gives advice to the police
[06:24.240 --> 06:28.240] in the lower courts.
[06:28.240 --> 06:32.200] Do you think that the prosecutor is going to advise the police in the lower courts in
[06:32.200 --> 06:37.320] practices and procedures that will make his life a living hell?
[06:37.320 --> 06:42.560] They're going to advise the police in lower courts in practices and procedures that will
[06:42.560 --> 06:48.880] serve their adjudicative expediency and administrative convenience.
[06:48.880 --> 06:53.880] And in doing that, they streamline the process.
[06:53.880 --> 06:57.640] So they've gotten the police, when they arrest someone, to charge them with the highest level
[06:57.640 --> 07:04.480] crime they can come up with, so that when they get the person before the court, they've
[07:04.480 --> 07:13.080] got this major threat they can hang over their head and then make a deal with them and deal
[07:13.080 --> 07:16.480] it down to something less serious.
[07:16.480 --> 07:21.040] The accused person feels like they got a deal.
[07:21.040 --> 07:27.240] The prosecutor doesn't have to go through the time and cost of a prosecution.
[07:27.240 --> 07:30.320] And the prosecutor gets to clear his docket.
[07:30.320 --> 07:37.720] Well, you would think that defense counsel would interrupt all this.
[07:37.720 --> 07:40.720] However, it doesn't work that way.
[07:40.720 --> 07:43.800] I went to the public defender.
[07:43.800 --> 07:46.760] They have a public defender's office in Tennessee.
[07:46.760 --> 07:51.920] They don't hire regular lawyers as court-appointed counsel.
[07:51.920 --> 07:53.160] They have a public defender.
[07:53.160 --> 08:01.600] And I got an appointment with a public defender, and he was a real nice guy and open to talk
[08:01.600 --> 08:02.600] to me.
[08:02.600 --> 08:12.960] But before they went to the appointment, it occurred to me that I was being naive.
[08:12.960 --> 08:22.360] I was going to talk to this public defender about a tool that would make it easier for
[08:22.360 --> 08:31.320] him to defend criminal clients, and I thought, what was I thinking?
[08:31.320 --> 08:36.480] Before I do that, let's go down to the clerk's office and see what kind of defense he is
[08:36.480 --> 08:39.520] really mounting for his clients.
[08:39.520 --> 08:48.760] So I had the clerk pull the first 20 cases from last year, and we went through them.
[08:48.760 --> 08:57.240] And we noticed that a goodly number of them were adjudicated by them making a deal.
[08:57.240 --> 09:03.280] And I would ask you to guess how many were adjudicated through a deal, but that would
[09:03.280 --> 09:06.560] be a waste of time.
[09:06.560 --> 09:09.960] Of 20, 20 took a deal.
[09:09.960 --> 09:17.040] Of 20, not one motion or pleading addressing the adjudication of the case was filed.
[09:17.040 --> 09:21.720] There were some for continuance and some for some minor technical stuff, but nothing
[09:21.720 --> 09:28.040] having to do with adjudication of the case, not one pleading.
[09:28.040 --> 09:34.560] So for me to go to the public defender and offer him a way of making it easier for him
[09:34.560 --> 09:41.600] to defend his clients would be a waste of time because he has no intention of defending
[09:41.600 --> 09:43.600] his clients.
[09:43.600 --> 09:49.520] His only purpose is to convince the client to take a deal.
[09:49.520 --> 09:55.960] If you hire a lawyer, you can't expect that lawyer to come in there and raise a ruckus
[09:55.960 --> 10:04.120] in the court by actively adjudicating your legal rights and risk getting the court upset
[10:04.120 --> 10:05.120] at him.
[10:05.120 --> 10:10.480] Because the next guy he brings in there to make a deal with, if he's annoyed the court,
[10:10.480 --> 10:16.840] he's not going to get a good deal, and they consider that unethical.
[10:16.840 --> 10:21.000] A lawyer will tell you, it's unethical for me to put myself in a position to where the
[10:21.000 --> 10:27.760] court would use its discretion to punish me by ruling more harshly against one of my
[10:27.760 --> 10:29.960] clients because of something I've done.
[10:29.960 --> 10:35.960] So the lawyer doesn't dare do anything the courts don't like and clogging up the court's
[10:35.960 --> 10:41.440] docket with motions and pleadings is not something the court's going to like because
[10:41.440 --> 10:45.400] he's not going to want to sit in that courtroom, he'd rather be out on the golf course than
[10:45.400 --> 10:48.400] his shorts.
[10:48.400 --> 10:56.640] So what we have created here is a situation to where it is in everybody's best interest
[10:56.640 --> 11:02.000] to make a deal except for the accused.
[11:02.000 --> 11:07.040] What is missing is empowerment of the accused.
[11:07.040 --> 11:15.600] Everybody acts to disempower the citizen so that these professionals can run their routines
[11:15.600 --> 11:18.800] and clear these dockets and then go play golf.
[11:18.800 --> 11:25.040] If we're going to fix the system, we've got to find a way to interrupt this.
[11:25.040 --> 11:26.960] So who cares about this?
[11:26.960 --> 11:32.640] Prosecutors don't care how many people get put in jail.
[11:32.640 --> 11:37.360] The public defender doesn't care as long as his docket's cleared.
[11:37.360 --> 11:40.920] Paid counsel doesn't care as long as they get their retainer.
[11:40.920 --> 11:42.800] Who cares?
[11:42.800 --> 11:52.240] Well, the ones ultimately pay in the bill cares and that's our politicians.
[11:52.240 --> 11:57.200] All of our politicians are looking for money.
[11:57.200 --> 12:05.360] Where can we save cost so we can take that money and spend it on our pet projects?
[12:05.360 --> 12:12.640] So we're going to the politicians and offering them a way of decreasing the cost of mass
[12:12.640 --> 12:13.640] incarceration.
[12:13.640 --> 12:22.600] The federal government spends 182 billion a year on criminal justice system.
[12:22.600 --> 12:28.760] 81 billion of that is for prisons.
[12:28.760 --> 12:39.480] If I build a questionnaire and we ask the system before you appoint, before you provide
[12:39.480 --> 12:45.720] court-appointed counsel or public defender to someone, you have them go through this
[12:45.720 --> 12:46.720] questionnaire.
[12:46.720 --> 12:52.680] The purpose of the questionnaire is to demonstrate to the person that they have remedy.
[12:52.680 --> 12:57.200] But that they can't get that remedy, it's too complex for them to try to seek themselves.
[12:57.200 --> 12:59.840] They need counsel.
[12:59.840 --> 13:02.000] Now politicians go for this.
[13:02.000 --> 13:10.760] If we can get these people to believe that there is something they can do and get them
[13:10.760 --> 13:16.720] to stand up to the prosecution and not just take whatever deal is thrown at them, we can
[13:16.720 --> 13:23.160] potentially decrease the amount of time the accused spends in jail.
[13:23.160 --> 13:29.880] We may not eliminate the deal, but we'll be able to give the accused a tool with which
[13:29.880 --> 13:36.400] they can get a better deal and in some cases get the case thrown out altogether.
[13:36.400 --> 13:45.640] If we can decrease the incarceration rate by 1%, in the federal prison system alone,
[13:45.640 --> 13:54.960] we will save the government, the federal government, 8 billion dollars a year.
[13:54.960 --> 13:59.360] That is not chump change.
[13:59.360 --> 14:04.960] So politicians who don't like this, they get to save a bunch of money, make themselves
[14:04.960 --> 14:09.800] look good to their constituents, then they can spend that money on something else.
[14:09.800 --> 14:11.960] This is what we're working on right now.
[14:11.960 --> 14:21.680] Forget that Don, that will be incredibly satisfying to get the government to pay us, to screw
[14:21.680 --> 14:22.680] the lawyers.
[14:22.680 --> 14:26.480] Just something satisfying about that.
[14:26.480 --> 14:29.600] We do have a full board of callers, so I'm going to go to the call boards.
[14:29.600 --> 14:38.720] We're going, starting out with Ted in California, Ted, how is, you had some, didn't you have
[14:38.720 --> 14:42.880] a motion hearing coming up last time we talked?
[14:42.880 --> 14:43.880] Yes, sir.
[14:43.880 --> 14:48.240] Yes, good evening to you.
[14:48.240 --> 14:55.200] I had a motion hearing last Thursday, so a week ago, and two motions.
[14:55.200 --> 15:07.400] One was a 995 motion to dismiss for the failure of any evidence to legally or rightfully hold
[15:07.400 --> 15:16.040] me over to answer the charges at the preliminary hearing.
[15:16.040 --> 15:23.160] The second motion was denial of a speedy trial.
[15:23.160 --> 15:29.400] When I got there, the conversation ensued, or I guess you would call it argument with
[15:29.400 --> 15:34.640] the judge, and I was telling him that it should be continued.
[15:34.640 --> 15:48.000] He said he wasn't going to do that, so I was having conversation, and he, or argument,
[15:48.000 --> 15:59.200] and he was talking, and he did what they do, which is they just keep talking and don't
[15:59.200 --> 16:02.560] allow you to talk.
[16:02.560 --> 16:08.360] Of course, that's why you object or something.
[16:08.360 --> 16:12.680] You don't interrupt them, but you can object.
[16:12.680 --> 16:19.600] He did the classic move where, as he was talking, he just says that, well, we're going to hear
[16:19.600 --> 16:24.400] the 995 motion today, and that's about the other.
[16:24.400 --> 16:29.080] I said, well, your honor, then I'd like to take a break.
[16:29.080 --> 16:36.640] I'd like to take 10 minutes, have the case, because I wrote this two months ago.
[16:36.640 --> 16:38.640] I hear the music.
[16:38.640 --> 16:42.880] Okay, I was actually watching the clock this time.
[16:42.880 --> 16:50.520] Okay, Randy Kelton, Debra Stevens, Rule of Law Radio, I call in number 512-646-1984.
[16:50.520 --> 16:53.240] We'll be taking your calls all night.
[16:53.240 --> 16:54.240] Hang on.
[16:54.240 --> 16:55.240] We'll be right back.
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[20:44.640 --> 20:48.980] cases that he could have heard and so on, and he didn't, and he just went right into
[20:48.980 --> 20:53.980] telling me he's going to deny it, so it's important because I'm getting things on the
[20:53.980 --> 20:54.980] record.
[20:54.980 --> 21:00.580] Okay, I explained the reason I wanted a short break or passed my case is because I wrote
[21:00.580 --> 21:07.340] the 995 motion to this myth almost two months earlier, and I needed to refresh my memory
[21:07.340 --> 21:13.100] and that we had several motions going and moving parts to this, and I needed the time
[21:13.100 --> 21:17.460] to give my oral presentation.
[21:17.460 --> 21:23.620] So he denied that, and then he started talking and he started explaining some things about
[21:23.620 --> 21:32.420] what he was doing, you know, I read it, blah, blah, blah, because I'm going to deny it.
[21:32.420 --> 21:38.340] And I perked up, I go, you're going to deny it, for your honor, you haven't even allowed
[21:38.340 --> 21:41.940] me my oral presentation yet.
[21:41.940 --> 21:48.260] And I wanted to get that on the record because the 995 motion is immediately appealable and
[21:48.260 --> 21:52.060] stops the whole case.
[21:52.060 --> 22:01.900] So I got all that on, and he moved on to the second motion, which is my demand for dismissal
[22:01.900 --> 22:10.100] for denial of a speedy trial, and this case has been going on for four years.
[22:10.100 --> 22:20.620] I was charged and arrested in February of 2015, and, you know, he went through this,
[22:20.620 --> 22:32.060] and I attached the transcript from the arraignment that took place in December of 2015.
[22:32.060 --> 22:38.380] And it's very clearly that the judge just violated the hell out of my due process and
[22:38.380 --> 22:43.380] constitutional rights and so on at that time, it's all documented.
[22:43.380 --> 22:49.740] And at the end of the transcript, you have me saying, objection, objection.
[22:49.740 --> 22:54.860] And the judge's response is, you cannot object.
[22:54.860 --> 23:02.820] So I don't know, the judge seems to be hinting to me because he said, well, you know, you
[23:02.820 --> 23:09.700] filed this motion under 1382, and that's what I'm looking at, that's what's before me.
[23:09.700 --> 23:12.140] And however, he continued it.
[23:12.140 --> 23:13.140] He did not deny it.
[23:13.140 --> 23:19.820] He continued it to this coming Tuesday next week.
[23:19.820 --> 23:21.540] And he continued it with...
[23:21.540 --> 23:23.140] Okay, hold on.
[23:23.140 --> 23:27.140] What did you say, 1392?
[23:27.140 --> 23:28.140] 82.
[23:28.140 --> 23:29.140] 1382.
[23:29.140 --> 23:32.900] 1382, what did that mean to you?
[23:32.900 --> 23:36.340] What was he trying to tell you?
[23:36.340 --> 23:37.340] Well, he was...
[23:37.340 --> 23:39.860] What else could you have filed that under?
[23:39.860 --> 23:42.860] Well, that's what he's telling me.
[23:42.860 --> 23:47.900] And he's telling me to get a lawyer and file this thing under the right circumstance or
[23:47.900 --> 23:53.500] code and that this is over.
[23:53.500 --> 23:58.460] That's what I got out of what he was doing.
[23:58.460 --> 24:04.260] Have you looked at the codes to see what else you may be able to file under?
[24:04.260 --> 24:07.980] Well, it would be a different kind of motion.
[24:07.980 --> 24:12.180] It's called a serena motion.
[24:12.180 --> 24:16.140] And there's two ways...
[24:16.140 --> 24:18.500] There's a two-fourth way to go on this.
[24:18.500 --> 24:21.460] One is on federal law and one is on state law.
[24:21.460 --> 24:25.620] They both apply in the case.
[24:25.620 --> 24:31.580] And the bar for meeting these things are a little bit different whether you're citing
[24:31.580 --> 24:34.260] the federal laws or the state laws.
[24:34.260 --> 24:40.580] But what I've researched about it is that once you are charged, arrested and charged,
[24:40.580 --> 24:46.180] maybe you know you haven't had an arraignment, a clock starts ticking.
[24:46.180 --> 24:51.660] And cases have been dismissed in California where someone was arrested and charged.
[24:51.660 --> 24:57.540] I don't know if they were in custody or out of custody though, that's a big caveat.
[24:57.540 --> 25:05.380] However, arrested and charged and were not brought to arraignment within, in one case,
[25:05.380 --> 25:06.380] six months.
[25:06.380 --> 25:10.420] And for that reason alone, the case was dismissed.
[25:10.420 --> 25:11.420] And...
[25:11.420 --> 25:13.620] Okay, you said arraignment.
[25:13.620 --> 25:19.380] Does the case law say arraignment or preliminary hearing?
[25:19.380 --> 25:24.020] That's another distinction I think, John.
[25:24.020 --> 25:33.500] So far as I know, arraignment, there's no specific time for that to happen.
[25:33.500 --> 25:42.180] There is a specific time for a preliminary hearing to happen and one of the primary cases
[25:42.180 --> 25:48.420] for that is something v. Riverside.
[25:48.420 --> 25:53.380] It's out of Riverside, California, so it is a California case.
[25:53.380 --> 25:55.740] I think it's Thompson v. Riverside.
[25:55.740 --> 25:56.740] Thompson.
[25:56.740 --> 26:05.380] And that's the one that says if you don't have a preliminary hearing within 24 hours,
[26:05.380 --> 26:08.980] you have to show a cause.
[26:08.980 --> 26:16.420] Well, I think you have to also assert that right and that's what anybody that's arrested
[26:16.420 --> 26:20.020] in California wants to demand immediately.
[26:20.020 --> 26:23.860] That needs to be challenged.
[26:23.860 --> 26:29.620] That absolutely needs to be challenged in an under due process.
[26:29.620 --> 26:30.940] Correct.
[26:30.940 --> 26:33.780] The law commands that this be done.
[26:33.780 --> 26:40.980] I made this argument before a traffic court when I told him, when he asked me for a plea,
[26:40.980 --> 26:44.500] I said, I'm not here to plea, I'm here for an examining trial.
[26:44.500 --> 26:49.260] Well, Mr. Kelton, you don't have a right to an examining trial in a misdemeanor case.
[26:49.260 --> 26:51.580] I said, well, what's I have to do with anything?
[26:51.580 --> 26:56.620] Well, if you don't have a right to one, I can't give you one.
[26:56.620 --> 26:59.140] Or is that in law?
[26:59.140 --> 27:06.020] The law says that you are commanded to give me an examining trial, that the officer who
[27:06.020 --> 27:12.460] does the arrest is commanded to bring me directly to the nearest ministry, or he can allow me
[27:12.460 --> 27:18.740] to sign a promise to appear, but that promise to appear is before a magistrate.
[27:18.740 --> 27:24.220] As a magistrate, you can only hold an examining trial, so that goes to due process, and due
[27:24.220 --> 27:32.340] process is something I do have a right to, and it's something you are commanded to do.
[27:32.340 --> 27:45.020] To say that you have to enforce a governmental official to follow law is inconsistent.
[27:45.020 --> 27:49.460] Either the law applies to those public officials who do these arrests, or it doesn't apply
[27:49.460 --> 27:52.540] to those people.
[27:52.540 --> 27:58.260] And to say that you have to invoke the law in order for it to apply was ridiculous.
[27:58.260 --> 28:03.140] Anyway, that's my story and I'm sticking to it.
[28:03.140 --> 28:11.460] Okay, I need to rethink that because what you just described never happened in my case,
[28:11.460 --> 28:20.940] and I went almost a year, 299 days from the time I was arrested till what I understood
[28:20.940 --> 28:23.980] was my first arraignment.
[28:23.980 --> 28:34.860] But at that arraignment, so you were you never given a preliminary hearing?
[28:34.860 --> 28:39.780] After that arraignment, approximately six months later, I was given a preliminary hearing.
[28:39.780 --> 28:45.980] Okay, they don't have that time that got to 24 hours.
[28:45.980 --> 28:51.860] What they have in California is if you're in custody, you will have a right to a preliminary
[28:51.860 --> 28:58.700] hearing within 10 days, if you're out of custody, it's 60 days, and I'm citing this
[28:58.700 --> 29:00.700] on felony cases.
[29:00.700 --> 29:14.340] Okay, go to jurismprudence.website and top frog on the left, you'll find my habeas.
[29:14.340 --> 29:18.940] The Riverside case is cited in there on preliminary hearings.
[29:18.940 --> 29:23.820] This goes to federal law, this is a federal requirement that states cannot abridge it.
[29:23.820 --> 29:30.100] So you don't care what California says.
[29:30.100 --> 29:34.460] California calls this a due process, and you have a right to due process.
[29:34.460 --> 29:42.060] Look at that, and it has the Riverside case, McLaughlin v. Riverside, that's what it is.
[29:42.060 --> 29:50.460] Okay, hang on, back to go to break, Randy Kelton, Deborah Stevens, rule of law radio.
[29:50.460 --> 30:03.460] I'll call it number 512-646-1984, we'll be right back.
[30:03.460 --> 30:08.300] Powerpoint is crept into our lives and reached the level of near obsession in corporate America.
[30:08.300 --> 30:10.300] Are we going overboard with it?
[30:10.300 --> 30:17.460] I'm Dr. Kauffman Albrecht, back with a commentary on how Powerpoint erodes critical thinking, next.
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[30:46.900 --> 30:49.900] We've all experienced it, death by Powerpoint.
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[31:05.900 --> 31:12.900] It relieves the lazy speaker from having to actually write a thoughtful speech or convey a persuasive argument.
[31:12.900 --> 31:16.900] Too often, instead of analysis, we get mind-numbing bullet points.
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[31:19.900 --> 31:23.900] Use lots of pictures and never, ever, never read from a slide.
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[33:01.900 --> 33:11.900] Live free speech radio, LogosRadioNetwork.com.
[33:11.900 --> 33:31.900] Okay, we are back. Randy Kelton, Deborah Stevens, rule of law radio, and we're talking to Ted in California.
[33:31.900 --> 33:34.900] Okay, Ted, go ahead.
[33:34.900 --> 33:46.900] So I'm going to check out what we were just discussing before the break, and this judge got some concerns.
[33:46.900 --> 33:53.900] Now, again, back in February of 2015, I was arrested.
[33:53.900 --> 34:08.900] I was brought into court in chains the next afternoon, and nothing really happened there, and I can't get the transcript, which I've been trying to get for a long time.
[34:08.900 --> 34:16.900] However, the public defender did speak for me, but there was no waiver of time or anything.
[34:16.900 --> 34:28.900] The charges were read. I informed the judge that this was a civil matter, and she said it's a criminal matter, and she said, well, we'll have you back in a week.
[34:28.900 --> 34:31.900] You know, you're going to sit in jail for a week.
[34:31.900 --> 34:43.900] So I went back and remember they had kept me underground, and I was able to finally get a message out that somebody finally knew I was there by the third day, and I got out on the third day.
[34:43.900 --> 34:57.900] In the meantime, they had cleaned out my house, but then I was also ordered to go to the public defender's office, so I didn't want to violate an order, so I did.
[34:57.900 --> 35:10.900] About a month later, we come back into court, and then we started balancing with, you know, status, status, status, and we went all the way out to December, 299 days.
[35:10.900 --> 35:28.900] Okay, the transcript shows that the judge at the arraignment did not advise me of my rights, did not ask me if I understood my rights, and he entered the plea for me because I did not answer him,
[35:28.900 --> 35:35.900] and then he asked me if I waved time to a preliminary hearing. That's what the transcripts said.
[35:35.900 --> 35:50.900] And what I said after, the whole time he's yelling, and then he started screaming and yelling, and my public defender was in front of me about 20 feet and looked back.
[35:50.900 --> 35:57.900] I thought he was going to pee down his leg, and I just met him in the hallway before this hearing.
[35:57.900 --> 36:08.900] He had just been assigned it. The other, the person who's had it the 10th, 299 days prior, had just been reassigned to another place, and so this guy just picked it up.
[36:08.900 --> 36:14.900] He told me in the hallway, we were going to tell the judge that he just got the case, and that it was going to be a continuum.
[36:14.900 --> 36:21.900] I said, okay. And so he left me out in the hallway, and then he ushered me into this ambush.
[36:21.900 --> 36:32.900] Okay, so I'll pick up where I left off. The judge screams in the aisles at me because I won't enter a plea, and then the judge enters the plea for me.
[36:32.900 --> 36:41.900] I don't remember. I don't have the transcript in front of me. I don't think I may have objected then or not, but I don't think so.
[36:41.900 --> 36:46.900] Well, the fact that you would not enter a plea was your objection.
[36:46.900 --> 37:01.900] True. And what the judge's bench guide says is that the defendant's not ready to enter a plea, that you must continue it for at least one day.
[37:01.900 --> 37:08.900] So he ignored the bench guide. He then went on asking, do you wave time?
[37:08.900 --> 37:16.900] I think the transcript says that he goes, you're entitled to a preliminary hearing within 60 days, and do you wave time?
[37:16.900 --> 37:22.900] And he started belittling me saying, it's not that hard. What's your problem, blah, blah, blah.
[37:22.900 --> 37:30.900] And he screams at me, and it's all under threat that they're going to arrest me right on the spot.
[37:30.900 --> 37:40.900] They lifts are coming towards me, and I say, I see the public defender nodding his head.
[37:40.900 --> 37:45.900] That's what I said. But what the transcript says is that I said yes.
[37:45.900 --> 37:57.900] But then the transcript goes back to being accurate, and you have me, the judge says, time waves, and then you have me going, objection, objection.
[37:57.900 --> 38:07.900] And the judge screaming, this isn't depicted in the transcript, but the judge goes, you can't object. This hearing is over.
[38:07.900 --> 38:14.900] So if you look at the totality of the transcript, it's quite obvious that I was objecting.
[38:14.900 --> 38:26.900] And when you, in the law here, I also read that if you object to them putting a preliminary hearing out beyond 60 days, then it's invalid.
[38:26.900 --> 38:36.900] So you take this transcript, and now we're, of course, two years further down the road now, and I'm just making this motion now for those of you who don't know,
[38:36.900 --> 38:49.900] because I couldn't get the transcript from them. They stonewalled me. I had heart attack, and I had private representation for a period of time.
[38:49.900 --> 38:57.900] So there are various factors. Once I, so I had ineffective assistance to counsel.
[38:57.900 --> 39:10.900] Once I got back on it, and once I was able, it took me like eight months to get the transcript, and once I reviewed everything, that's why I made the motion now.
[39:10.900 --> 39:21.900] This motion, the judge, I was very firm in the court in the hearing last week, and I told him I absolutely did not waive my rights.
[39:21.900 --> 39:32.900] I can't waive my rights if I wasn't told what my rights were, and I wasn't asked if I understood my rights, so I can't, I can't waive my rights.
[39:32.900 --> 39:48.900] And at the very end of the transcript, Your Honor, you see objection, objection. I didn't waive my rights, and what that transcript shows you is that all of my rights were violated that day.
[39:48.900 --> 39:56.900] And they don't, the bailiffs don't come get up and come at me anymore, by the way.
[39:56.900 --> 40:07.900] I'm ready if they do that. I'll put, you know, you have to stay calm, and if they do stand up and start walking towards me, I'm ready now to put on the record.
[40:07.900 --> 40:14.900] Your Honor, why is the bailiff walking over me while I'm trying to defend myself? Is this an act of intimidation?
[40:14.900 --> 40:41.900] I'm ready for that. It's continued to this coming Tuesday. The discussion we had earlier, I'm going to look into that. The judge was, I think, giving me a lot of signals, and so I'm, and now I'm going to research what you just alerted me to, Randy.
[40:41.900 --> 40:57.900] And now I want to move on because the reason this got moved to that particular date is I also filed, timely, last month, a motion to compel discovery.
[40:57.900 --> 41:14.900] And I got to tell you one other thing. So the people, DA brought up, if he was going to continue it, that he should continue it to the 26th Tuesday because I had a motion to compel already on calendar that day.
[41:14.900 --> 41:31.900] And I said, yes, that's correct. And I said, oh, by the way, Your Honor, I have one of the exhibits in that motion to compel. There were some errors and I've corrected it and I have copies for both the court and the people.
[41:31.900 --> 41:41.900] I'd like to go ahead and file that on the record right here, right now. And what it is, and it's a bill of particulars, Randy.
[41:41.900 --> 42:02.900] And I don't know if you've heard about this, but the beauty of it is it got filed in court on the record and the DA got handed it by the bailiff and then he goes, Your Honor, Your Honor, we've seen this before.
[42:02.900 --> 42:14.900] And this is some kind of, I guess, interlocutory and we're not going to answer it.
[42:14.900 --> 42:24.900] I'll bring it up at the next hearing and remind the judge that because at the next hearing is going to be a motion to compel discovery.
[42:24.900 --> 42:33.900] One, I'm going to tell them it's not discovery, but if you remember, Your Honor, at the last hearing, they termed it as interlocutory.
[42:33.900 --> 42:50.900] And they put an admission on the record that they're refusing to comply with questions I have as to jurisdiction and the nature and cause of this action.
[42:50.900 --> 42:55.900] And they said that they refused to answer it. I mean, that's where I'm going with that.
[42:55.900 --> 43:05.900] But I want to get on to the actual answer that I just received from the DA on the motion to compel.
[43:05.900 --> 43:14.900] Okay, we need to move kind of quickly. We're three quarters away, almost halfway through the show and we've got more callers, so let's go to it.
[43:14.900 --> 43:29.900] Very quickly, in their statement of fact, they bring up that there was a foreclosure company that recorded a substitution of trustee and a rescission of sale that clouded title.
[43:29.900 --> 43:37.900] And that then Scarlett recorded a quit claim deed which further clouded title.
[43:37.900 --> 43:40.900] How does a quit claim deed cloud title?
[43:40.900 --> 43:44.900] It doesn't.
[43:44.900 --> 43:47.900] Hang on. Back to go to break, Randy Kelton.
[43:47.900 --> 43:49.900] Deborah Stevens, rule of law radio.
[43:49.900 --> 44:00.900] Call in number 512-646-1984. We'll be right back.
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[46:00.900 --> 46:26.900] Okay, we are back. Randy Kelton, Denver Stevens, Rule of Law Radio, and we're talking to Ted in California.
[46:26.900 --> 46:32.900] Okay, Ted, let's move quickly. We need to finish this segment because we've only got an hour left.
[46:32.900 --> 46:37.900] What I'm going to do, Randy, is I'm going to send this to you email right now.
[46:37.900 --> 46:40.900] I've sent it to you already, but I know how much stuff you get.
[46:40.900 --> 46:46.900] They go on. They only made that one statement about the quick claim deed, and that was it.
[46:46.900 --> 46:51.900] The rest of those write-up is all about trespassing.
[46:51.900 --> 46:57.900] So I read this thing as they're hanging their hat on getting a trespassing conviction.
[46:57.900 --> 47:05.900] I think they know they're not getting a felony false document recording conviction.
[47:05.900 --> 47:10.900] Were you originally charged with criminal trespass?
[47:10.900 --> 47:11.900] Yes.
[47:11.900 --> 47:13.900] Oh, okay.
[47:13.900 --> 47:21.900] That's in valid, too, for other reasons, and again, because of time here. I mean, I'm going to offer Randy.
[47:21.900 --> 47:25.900] I could cut this right now and try to call in tomorrow, and we could pick it up there.
[47:25.900 --> 47:29.900] We could do that. We'll have a lot more time tomorrow.
[47:29.900 --> 47:30.900] Okay.
[47:30.900 --> 47:37.900] Okay, thank you, Ted. Okay, now we're going to go to Max in Texas. Hello, Max.
[47:37.900 --> 47:41.900] What do you have for us today?
[47:41.900 --> 47:50.900] Mr. Randy Kelvin, I guess I have an update of the PIRs that I've been, the preemptive PIRs, I guess we've been.
[47:50.900 --> 47:55.900] Okay, okay. I know what that means, but I really hate acronyms.
[47:55.900 --> 48:02.900] I know. I know. You have me do this every time. So let me explain to the masses there.
[48:02.900 --> 48:14.900] PIR means is an acronym for Public Information Request, and those are done under, here in Texas, at least, they're done under 552 government code.
[48:14.900 --> 48:22.900] Those are the PIRs that we're talking about. So when I say PIR, I mean Public Information Request, and that's what we're talking about here.
[48:22.900 --> 48:25.900] Randy, go ahead.
[48:25.900 --> 48:31.900] No, that was the only question now. Okay, go ahead about the PIRs.
[48:31.900 --> 48:47.900] So I have received a request. Remember, you told me that I should go ahead and file a criminal affidavit to the Attorney General of Texas, Mr. Ken Paxton,
[48:47.900 --> 49:02.900] because the city of Jersey Village was acting, you know, delaying for delays' sake, and at least I have good reason to believe and do believe, and I did not do that.
[49:02.900 --> 49:11.900] I instead responded with a letter for clarification, right? Correct? I think you're following me there?
[49:11.900 --> 49:19.900] Yes. Well, my suggestion wasn't that you do one or the other, but that you do both.
[49:19.900 --> 49:23.900] Oh, yes, yes, yes, you're correct. It was that I do both.
[49:23.900 --> 49:42.900] I decided to be docile and perhaps a little too flaccid for this type of fight, and I did not do that. I did not file a complaint, not complain to the Attorney General,
[49:42.900 --> 49:55.900] but instead, but they did respond to my request for clarification. At least the city of Jersey Village has Harris County Constable Precinct 4 has not,
[49:55.900 --> 50:05.900] but then again, I have not received a green card from them proving that they've gotten a copy of my request.
[50:05.900 --> 50:18.900] It doesn't matter. You can contact the post office and get a tracking on that, but after a certain number of days, you can presume they received it.
[50:18.900 --> 50:35.900] Okay, yeah. In that case, I have the copy of the receipt stamped from the USPS office for the return receipt request, and it's got all the property tracking numbers.
[50:35.900 --> 50:41.900] Yeah, you can call the office and they can run a trace on it.
[50:41.900 --> 50:56.900] Okay, okay. Let's jump away from that and let's jump to what the police chief of Jersey Village has responded because apparently the people who did this PIR,
[50:56.900 --> 51:20.900] the people who ultimately responded to it, which was the city secretary, she basically put me in the entire email chain from when it went from the city secretary to the secretary of the police department
[51:20.900 --> 51:29.900] to the chief of police and then back to the city secretary and they said, hey, we're running out of time. We need to respond to the responder.
[51:29.900 --> 51:48.900] You know, our deadline's almost up, you know, and then, and the police chief, interesting, because what I asked the police chief for was a copy of their certification under Texas Administrative Code Title 37.
[51:48.900 --> 51:57.900] I'm going to skip the chapter and sub-chapter there and then we'll go to Rule 4.14, which was the Memorandum of Understanding.
[51:57.900 --> 52:10.900] The city manager asked the police chief, do you have this or do you not? If you don't, you know, please respond that you don't, if you do, attach it kind of thing.
[52:10.900 --> 52:26.900] And the police chief's response, Eric, something, I forget his last name, but he responded, no, we don't have that because we don't see any evidence there, which is the equivalent of, like, none.
[52:26.900 --> 52:31.900] Snakes don't have armpits to me. I mean, I don't understand what he's talking about there.
[52:31.900 --> 52:51.900] And they referred me to T-CLO, you know, the Texas Commission of Law Enforcement, to get the certifications for the peace officers, even though they did send me the oaths of office and the anti-bribery statements for some of the officers.
[52:51.900 --> 53:09.900] But since this city administrator was so kind as to connect me to the entire email chain, I saw that some of the officers who work for Jersey Village Police Department actually do not have oaths of office on file.
[53:09.900 --> 53:23.900] And so I was thinking about requesting copies of the last, say, three ticket citations that they've written.
[53:23.900 --> 53:24.900] Yeah, you like that?
[53:24.900 --> 53:29.900] Okay, you need to file another request.
[53:29.900 --> 53:42.900] File it under 414. You're under the section. That section goes to what is normally termed a DOT officer.
[53:42.900 --> 53:51.900] And all they're authorized to do under that section is DOT inspections.
[53:51.900 --> 53:56.900] The section you need to look at is 701.001.
[53:56.900 --> 54:01.900] 701.001. I've got the county officer.
[54:01.900 --> 54:08.900] Go to my traffic ticket site, trafficticket.website.
[54:08.900 --> 54:14.900] Put in the ticket information and it will spit you out a subject matter jurisdiction challenge.
[54:14.900 --> 54:34.900] I have the legal argument under 701.001. What 701.001 does is authorizes the county commissioner's court to appoint sheriff's deputies.
[54:34.900 --> 54:47.900] In a county of under $2 million, they may appoint up to, I believe, at six sheriff's deputies.
[54:47.900 --> 54:50.900] Randy, Randy, Randy, may I interject?
[54:50.900 --> 54:52.900] Yes.
[54:52.900 --> 55:07.900] 701.001 refers to county officers. And that is the request I sent to Mark Herman, who is Harris County Constable Precinct 4.00, but I've yet to receive the green card back for my request.
[55:07.900 --> 55:11.900] Okay, good, good, because, no, no, hold on.
[55:11.900 --> 55:21.900] The beat, hold on, hold on. You're jumping, you're going to, okay, let me be quiet. You go ahead. I think you're going to presume something that's not necessarily the case. Go ahead.
[55:21.900 --> 55:44.900] You watch out and see how I do that. What I was saying is the people who basically admitted that they have officers without a proper oath of office, actually writing transportation tickets, and no snakes don't have armpits, we don't have a memorandable understanding under Title 37, you know,
[55:44.900 --> 55:58.900] we'll full pay one for. That has nothing, one has nothing to do with the other. That memorandum of understanding does not go to the writing of traffic tickets.
[55:58.900 --> 56:00.900] It goes to DOT inspections.
[56:00.900 --> 56:17.900] Because, okay, so, and that's why it's a vehicle that falls under Chapter 644 or 522, which is commercial motor vehicle safety standards. You're saying that's why it falls under that?
[56:17.900 --> 56:28.900] Yeah, it does not give them a general authority to enforce transportation code. It only gives them authority to do DOT inspections.
[56:28.900 --> 56:37.900] Yeah, but you also said that the government is only allowed to do what we say it may do in the codes and laws.
[56:37.900 --> 57:02.900] And so if we're saying in Title 37, Rule 4.13, that, you know, they may not stop, enter, or detain a motor vehicle subject to Chapter 644, then that means that they're not even allowed to write tickets or stop for safety,
[57:02.900 --> 57:08.900] federal motor safety violations, even for commercial motor vehicle.
[57:08.900 --> 57:23.900] Okay, that is a different argument. The argument I was going to is the transportation code authorizes the Department of Public Safety to enforce the traffic code.
[57:23.900 --> 57:41.900] And it also authorizes the County Commissioners Court to appoint up to either six or seven deputies, sheriff's deputies, to enforce the transportation code in the form of traffic control officers.
[57:41.900 --> 57:56.900] And the County Commissioners Court has to pay them. There is no other authorization in law for anyone else to enforce the transportation code.
[57:56.900 --> 58:09.900] And the legislature specifically authorized sheriff's deputies in these circumstances. So what is not included is excluded.
[58:09.900 --> 58:19.900] Now, show me the only authorization for anyone other than a DPS to enforce the transportation code is to the sheriff's deputies.
[58:19.900 --> 58:30.900] So all of these municipal officers would have to be sheriff's deputies, and they would have to be appointed by the commissioners court to enforce where is that authority.
[58:30.900 --> 58:35.900] Well, that show me some authority in law.
[58:35.900 --> 58:47.900] Okay, okay, okay. Other than Texas Transportation Code 700, you know, Chapter 700, in that general area that you're talking about, about county enforcement.
[58:47.900 --> 58:48.900] Yes.
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[59:50.900 --> 59:59.900] You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[59:59.900 --> 01:00:07.900] The following newsflash is brought to you by The Lone Star Lowdown, providing the deli bulletins for the commodity market.
[01:00:07.900 --> 01:00:19.900] Today in history, news updates and the inside scoop into the tides of the alternative.
[01:00:19.900 --> 01:00:30.900] Markets for Wednesday the 6th of February 2019 open with gold at $1,313.70 an ounce, silver $15.77 an ounce, copper $2.83 an ounce,
[01:00:30.900 --> 01:00:41.900] oil Texas crude $53.66 a barrel, Brent crude $61.98 a barrel, and cryptos in order of market capitalization, Bitcoin $3,401.64,
[01:00:41.900 --> 01:00:53.900] Ripple XRP $0.29, Ethereum $10.10 and EOS is at $2.32 a crypto coin.
[01:00:53.900 --> 01:01:01.900] Today in history, the year 1918, British women over the age of 30 who meet minimum property qualifications get the right to vote when the
[01:01:01.900 --> 01:01:05.900] Representation of the People Act of 1918 was passed by Parliament.
[01:01:05.900 --> 01:01:08.900] Today in history.
[01:01:08.900 --> 01:01:15.900] In recent news, several Texas based organizations filed a lawsuit today requesting that a federal court stop the state from flagging about
[01:01:15.900 --> 01:01:19.900] 95,000 people as potentially illegally registered to vote.
[01:01:19.900 --> 01:01:26.900] The list was compiled after an 11 month long investigation by the office of the Texas Secretary of State and the Texas Department of Public
[01:01:26.900 --> 01:01:32.900] Safety, which sought to identify non U.S. citizens who were registered to vote when obtaining age arbitrage license.
[01:01:32.900 --> 01:01:40.900] Over half of the 95,000 didn't devote, it seems. However, further controversy was raised when it became clear that some of the names were
[01:01:40.900 --> 01:01:44.900] not in fact belonging to those who were non-citizens and registered.
[01:01:44.900 --> 01:01:49.900] Apparently around 25% of all Latino immigrants become naturalized, gaining the right to vote.
[01:01:49.900 --> 01:01:56.900] Registered voters who receive letters querying their citizenship have 30 days to respond with proof of eligibility.
[01:01:56.900 --> 01:02:03.900] Texas Attorney General Ken Paxton and David Whitley, the Texas Secretary of State, have yet to officially comment regarding this list
[01:02:03.900 --> 01:02:08.900] and any updates pertaining to it.
[01:02:08.900 --> 01:02:16.900] A Texas man of only 24 years old, William Brown, died from a severed artery in his neck after a vape pen exploded while he was using it.
[01:02:16.900 --> 01:02:20.900] It apparently happened in the parking lot of the vape shop where he got it.
[01:02:20.900 --> 01:02:29.900] The X-ray revealed that a piece of metal was embedded in his brainstem. The vape store, Smoke and Vape DZ, has refused to comment.
[01:02:29.900 --> 01:02:36.900] First edition anchorwoman, Kristen Diaz, interviewed Aislin Campbell, the executive director of Grow Local, South Texas,
[01:02:36.900 --> 01:02:43.900] concerning the upcoming Texas Organic Farmers and Gardeners Association conference, which will be taking place at the Corpus Christi Omni Hotel
[01:02:43.900 --> 01:02:52.900] from February 14th to 16th, 6 to 9 p.m. You can find the interview at kiitv.com.
[01:02:52.900 --> 01:03:21.900] This was Rick Rody with your lowdown for February 6th, 2019.
[01:03:21.900 --> 01:03:49.900] Okay, we are back. Randy Kelton, Rural Law Radio, Randy Kelton W. Stevens, Rural Law Radio,
[01:03:49.900 --> 01:03:53.900] and we're talking to Max in Texas, and I fell off the cliff again.
[01:03:53.900 --> 01:04:00.900] And the problem with that is, is Deborah was in the background and she caught me. Now I'm in trouble.
[01:04:00.900 --> 01:04:06.900] Okay, go ahead, Max. Randy, Randy, Randy, I think I was the one who fell off the cliff.
[01:04:06.900 --> 01:04:11.900] Yes, all your fault. I'm a guy, guys never take responsibility.
[01:04:11.900 --> 01:04:19.900] No, we were talking about Texas Transportation Code chapter 700 and et al.
[01:04:19.900 --> 01:04:27.900] And then we were talking about the difference between a county enforcement officer versus a municipal officer,
[01:04:27.900 --> 01:04:36.900] and you were saying that there's nowhere you can find in law that gives municipal officers jurisdiction over the transportation code
[01:04:36.900 --> 01:04:43.900] or Title 49, you know, federal vehicle safety code.
[01:04:43.900 --> 01:04:55.900] And I must object and say that that actually occurs in Texas Administrative Code Title 37, Rule 4.13.
[01:04:55.900 --> 01:05:12.900] Rule 4.13, okay. Yes, sir. It'll appear there, and you'll see that the people who are allowed to stop, enter, or detain a vehicle,
[01:05:12.900 --> 01:05:19.900] Subject Detector 644, which is Motor Vehicle Safety Standards.
[01:05:19.900 --> 01:05:29.900] That's DOT. Vehicle Safety Standards. Yeah, yeah, yeah, but this is all that exists in the law. This is all that happens.
[01:05:29.900 --> 01:05:40.900] What you're talking about is you're expanding chapter 14, before I think it's 14, I don't remember exactly the code.
[01:05:40.900 --> 01:05:49.900] That code only goes to DOT inspections. That's all it goes to. Nothing else.
[01:05:49.900 --> 01:06:04.900] But wait a minute. Randy, correct me if I'm wrong, but the entirety of the transportation code impinges upon the Commerce Clause,
[01:06:04.900 --> 01:06:17.900] and that means that the only people who are regulatable, in this case, are people who are engaged in interstate commerce?
[01:06:17.900 --> 01:06:23.900] That's a different argument. What we're saying here is...
[01:06:23.900 --> 01:06:25.900] But are they not connected?
[01:06:25.900 --> 01:06:29.900] No, not to this issue.
[01:06:29.900 --> 01:06:36.900] Can it just merge a whole bunch of stuff together? Let's ask one question.
[01:06:36.900 --> 01:06:48.900] Where does a municipal police officer secure specific authority to enforce the transportation code?
[01:06:48.900 --> 01:06:58.900] That don't have anything to do with whether or not you fall under the transportation code. Where does he get that authority?
[01:06:58.900 --> 01:07:03.900] Yes, it must be enumerated and written down somewhere.
[01:07:03.900 --> 01:07:13.900] The legislature enumerated authority for certain sheriff's deputies appointed by the county commissioner's court.
[01:07:13.900 --> 01:07:21.900] Where did they enumerate authority for municipal officers to act as traffic control officers?
[01:07:21.900 --> 01:07:30.900] Well, and not only that, but again, when it comes to capacity, when do they get the authority?
[01:07:30.900 --> 01:07:43.900] When does any county or municipal officer, peace officer, get the authority to enforce the Texas Transportation Code?
[01:07:43.900 --> 01:07:47.900] He gets it under 701.001.
[01:07:47.900 --> 01:07:51.900] No, that's only county. I'm talking about municipal...
[01:07:51.900 --> 01:07:53.900] Okay, that was my question.
[01:07:53.900 --> 01:08:04.900] I can find where a specific county sheriff's deputy can have authority to enforce.
[01:08:04.900 --> 01:08:15.900] Where is the authority for a municipal officer to enforce the transportation code, not just do DOT inspections?
[01:08:15.900 --> 01:08:26.900] Negative, negative, negative. The authority to enforce is Title 37, Texas Administrative Code.
[01:08:26.900 --> 01:08:35.900] It's like chapter X, sub-chapter X, and then rule 4.13.
[01:08:35.900 --> 01:08:45.900] 4.13 actually gives you the who gets to enforce, and in fact, the name...
[01:08:45.900 --> 01:08:49.900] Hold on. What do they get to enforce?
[01:08:49.900 --> 01:09:01.900] Authority to enforce the purview that we as Texans have given to the Texas Department of Public Safety,
[01:09:01.900 --> 01:09:06.900] which is the transportation code, because when you read the whole transportation code,
[01:09:06.900 --> 01:09:15.900] the department means the Texas Department of Public Safety, or the Department of Public Safety of the State of Texas.
[01:09:15.900 --> 01:09:22.900] Yeah, I'm trying to look up the statute. You're talking in vague and general terms, and statutes are not vague and general.
[01:09:22.900 --> 01:09:35.900] They're very specific. What specifically does 37.413 authorize a municipal police officer to do?
[01:09:35.900 --> 01:09:49.900] It authorizes a municipal police officer from one of the municipalities to immediately qualifications of Section A to...
[01:09:49.900 --> 01:09:52.900] Section A of what?
[01:09:52.900 --> 01:10:03.900] Rule 4.13. So now we're looking at Texas Administrative Code Title 37, I think it's chapter 4, sub-chapter B.
[01:10:03.900 --> 01:10:06.900] I'm going off of memory. I'm not in front of my computer.
[01:10:06.900 --> 01:10:11.900] Yeah, I'm in front of mine. I'm trying to look it up, and I am not finding a link to it.
[01:10:11.900 --> 01:10:18.900] Oh, okay. Really? Okay. Yeah, you just go to the Texas Code Statutes page, and then over on...
[01:10:18.900 --> 01:10:26.900] Oh, I can do that. I hadn't studied Texas in so long. I forgot about Texas Legis.
[01:10:26.900 --> 01:10:27.900] Okay.
[01:10:27.900 --> 01:10:36.900] On the side there, there should be a TAC, the Administrative Code. And then you want to look up Title 37,
[01:10:36.900 --> 01:10:45.900] and then I want to say it's like chapter 4, sub-chapter B, but man, I'm not in front of my computer.
[01:10:45.900 --> 01:10:51.900] Okay. Let's do this tomorrow. I would like to look closer into this and have all the statutes in front of us.
[01:10:51.900 --> 01:10:59.900] Okay. Well, let me ask you this. Let's skip ahead of all the minutiae, and let's say, okay, these guys,
[01:10:59.900 --> 01:11:12.900] they told me that the certifications that I requested under Title 37, Rule 4.13, they told me that,
[01:11:12.900 --> 01:11:16.900] oh, all that issued by TECO, and...
[01:11:16.900 --> 01:11:17.900] That's nonsense.
[01:11:17.900 --> 01:11:29.900] Correct. Yeah, that's nonsense, because TECO certifies people to the Texas Occupations Code as a peace officer.
[01:11:29.900 --> 01:11:39.900] They don't certify anything between the Texas Department of Public Safety and, say, for instance,
[01:11:39.900 --> 01:11:49.900] Jersey Village Police Department. So his answer is horse hockey.
[01:11:49.900 --> 01:11:57.900] But I like the fact that the city secretary, you know, she appended that.
[01:11:57.900 --> 01:12:04.900] You know, she appended me onto the whole email chain, and I got to see everybody's silly answers,
[01:12:04.900 --> 01:12:13.900] and the chief of police seems to think that because he doesn't send evidence to the Texas Department of Public Safety,
[01:12:13.900 --> 01:12:28.900] that he doesn't have to be as a municipal, you know, lease officer certified, you know, in accordance with Title 37, Rule 4.13,
[01:12:28.900 --> 01:12:40.900] and with respect to municipal police officers and which municipalities even qualify to certify peace officers via the DPS.
[01:12:40.900 --> 01:12:48.900] So I thought their answer was interesting. I did find it interesting that they also were like, hurry up, hurry up.
[01:12:48.900 --> 01:12:54.900] We all respond to an answer. We have to reply to us to respond to her.
[01:12:54.900 --> 01:13:07.900] So it was a good exercise, and I've got a new job, so I will no longer be commuting through their territorial jurisdiction,
[01:13:07.900 --> 01:13:19.900] and not to give me extra money because I've got a better job with better pay to donate to the network and to help keep rule law radio online.
[01:13:19.900 --> 01:13:25.900] Good. Good. Okay. I found it.
[01:13:25.900 --> 01:13:38.900] 413, an officer of the department may stop, enter, or detain on a highway or a port of entry, a motor vehicle that is subject to Transportation Code 644,
[01:13:38.900 --> 01:13:51.900] a non-commissioned employee of the department that is trained and certified to enforce the federal safety regulations may stop, enter, or detain a commercial motor vehicle inspection site
[01:13:51.900 --> 01:13:58.900] or a port of entry motor vehicle. This goes on. This is all about doing DOT inspections.
[01:13:58.900 --> 01:14:04.900] There's nothing in here that authorizes the general enforcement of the Transportation Code.
[01:14:04.900 --> 01:14:16.900] And this refers to 644 because 644 goes to these DOT inspections, and they can only have one.
[01:14:16.900 --> 01:14:24.900] A municipality can only have one, except under if it's big enough, there's certain circumstances they can have more,
[01:14:24.900 --> 01:14:31.900] but there's a whole list of certifications they have to go through and they have to do so many inspections with the DOT.
[01:14:31.900 --> 01:14:40.900] It's all kind of stuff here. This is all DOT. All DOT inspections, all inspecting commercial trucks.
[01:14:40.900 --> 01:14:43.900] It's not general enforcement.
[01:14:43.900 --> 01:14:54.900] So Randy, you're telling me that if they do not have the right to stop, enter, or detain a commercial motor vehicle carrying even in that code,
[01:14:54.900 --> 01:15:04.900] particularly hazardous cargo, if they don't have the right to stop them, then what right do they have to stop the general public?
[01:15:04.900 --> 01:15:19.900] Okay. Well, what this first one says is they have the right to stop, enter, or detain on a highway or port of entry a vehicle that is subject to Texas Transportation Code 644.
[01:15:19.900 --> 01:15:25.900] Who is subject to Texas Transportation Code 644?
[01:15:25.900 --> 01:15:29.900] 644 is commercial motor vehicle safety standard.
[01:15:29.900 --> 01:15:38.900] Okay. So even if, okay, I have a license plate on my vehicle. It's a commercial license plate.
[01:15:38.900 --> 01:15:56.900] I hold a commercial driver's license and under this code, a municipal officer would have the authority to stop on a highway or port of entry my motor vehicle.
[01:15:56.900 --> 01:16:13.900] You also have to stop, enter, or detain the motor vehicle because I'm subject to the Transportation Code or he will have prima facia evidence that I am subject to the Transportation Code.
[01:16:13.900 --> 01:16:20.900] But this does not authorize him to enforce the Transportation Code.
[01:16:20.900 --> 01:16:35.900] Where is that? And the reason it doesn't is because the rest of this chapter goes to his authority and qualifications for enforcing safety standards.
[01:16:35.900 --> 01:16:42.900] It's only about safety standards. Randy, Randy, Randy, the music's coming up.
[01:16:42.900 --> 01:16:51.900] Okay. You saved me from falling off the cliff. Hang on. We'll be right back.
[01:16:51.900 --> 01:16:59.900] There you go.
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[01:19:17.900 --> 01:19:36.900] Okay, we are back. Randy Carlson, Debra Stephens, Rule of Law Radio, and I made a mistake. I missed something. When we read codes, we really have to read code carefully.
[01:19:36.900 --> 01:19:48.900] So we're talking to Max in Texas. And let me unmute Max. I made a mistake. I think we both made a mistake. We missed something.
[01:19:48.900 --> 01:20:08.900] 413, 4.13, A says authority to enforce. A1 says an officer of the department may stop in or detain. Officer of the department.
[01:20:08.900 --> 01:20:13.900] Max, what does department mean in this context?
[01:20:13.900 --> 01:20:19.900] Randy, department, in that context, means the Texas Department of Public Safety.
[01:20:19.900 --> 01:20:28.900] Yes, and that is all. Nothing about a municipal authority of any kind.
[01:20:28.900 --> 01:20:39.900] However, Randy, let's take the whole thing in context here. 4113 talks about an officer of the department, and it talks about a non-commissioned officer of the department.
[01:20:39.900 --> 01:20:52.900] And then it talks about a sheriff's deputy, and again, I don't have the computer in front of my face, and then it talks about a sheriff's deputy, and then it talks about a municipal police officer, a constable.
[01:20:52.900 --> 01:21:08.900] Okay, hold on, hold on. It does go to those, but when it talks about those, it addresses the fact that the sheriff's deputy constable or municipal police officer must meet the same qualifications as this non-commissioned employee of the department.
[01:21:08.900 --> 01:21:18.900] It goes on to say they have to do so many inspections under the direction of the Department of Public Safety, they have to meet all kinds of requirements.
[01:21:18.900 --> 01:21:27.900] Once they meet those requirements, then they can stop for the singular purpose of this safety inspection.
[01:21:27.900 --> 01:21:39.900] Nowhere does it say anything about enforcing the motor vehicle laws, I mean the traffic laws, only inspections for public safety.
[01:21:39.900 --> 01:21:46.900] And that was my issue with this particular argument, because it doesn't go to general enforcement.
[01:21:46.900 --> 01:21:57.900] And by citing this, you imply that if they have an officer who meets these requirements, he can enforce anything. Not so.
[01:21:57.900 --> 01:22:05.900] Nothing that I can find anywhere authorizes municipal officers to generally enforce transportation code. Nothing.
[01:22:05.900 --> 01:22:12.900] Now, I can find something that authorizes a sheriff's deputy to enforce transportation code, but that's very specific.
[01:22:12.900 --> 01:22:16.900] And that's 7-1-1-2-1. Randy. Randy. Randy. Randy.
[01:22:16.900 --> 01:22:21.900] This is me attempting to get them to touch my tar, baby. Okay.
[01:22:21.900 --> 01:22:30.900] Because ultimately, if I actually get some sort of complaint or even a citation trying to act as a complaint.
[01:22:30.900 --> 01:22:50.900] Okay, hold on. Okay, in that context, this is probably the best way to go about it, because I have never talked to a municipality who had any idea about this.
[01:22:50.900 --> 01:22:53.900] They don't have a clue what's going on here.
[01:22:53.900 --> 01:23:03.900] I do. In Southlake, they've got DOT inspectors on their department, but none of them showed have met any of these codes.
[01:23:03.900 --> 01:23:12.900] And so you're asking them about these, just like that chief of police, he's scratching his head. He don't have a clue.
[01:23:12.900 --> 01:23:14.900] No.
[01:23:14.900 --> 01:23:27.900] But their problem is, is they cannot not have a clue. So you're walking them, dad, walking them into the buyer patch.
[01:23:27.900 --> 01:23:31.900] Okay, that works for me.
[01:23:31.900 --> 01:23:45.900] Yeah, so I love it that these guys have referred me to T-Close to get a certification that should come from the department, the Texas Department of Public Safety.
[01:23:45.900 --> 01:23:51.900] And, you know, it's like these guys don't even know what the heck is going on.
[01:23:51.900 --> 01:23:53.900] Well, that's...
[01:23:53.900 --> 01:23:58.900] There's a part of the procedure you're missing.
[01:23:58.900 --> 01:24:04.900] You try to get them to touch your tar, baby, so you can stem.
[01:24:04.900 --> 01:24:12.900] Like when I file an information request and I get a request for clarification.
[01:24:12.900 --> 01:24:21.900] The first thing I do is, because when I file complaint, file a request, I request under the code itself.
[01:24:21.900 --> 01:24:27.900] My favorite one is my scope and content request. You can find it on Jurisimportance.
[01:24:27.900 --> 01:24:31.900] It does not ask for any information.
[01:24:31.900 --> 01:24:38.900] It asks for all the records that you keep, where you keep them, how you keep them, what you call them, and how I can request them.
[01:24:38.900 --> 01:24:43.900] And I always get a request for clarification.
[01:24:43.900 --> 01:24:47.900] And that always gets a criminal complaint.
[01:24:47.900 --> 01:24:53.900] Yeah, I think that's standard delay for delays' sake.
[01:24:53.900 --> 01:25:04.900] Exactly, because I tell them, if you want clarification, go ask the legislature what they meant when they wrote these requirements,
[01:25:04.900 --> 01:25:12.900] because I took them right out of the code of those things that are specifically made open for public inspection.
[01:25:12.900 --> 01:25:14.900] What is your problem?
[01:25:14.900 --> 01:25:28.900] This request becomes delay for delays' sake, and any request that goes to information that is specifically made open for public inspection is delay for delays' sake.
[01:25:28.900 --> 01:25:32.900] They're required to have all this ready.
[01:25:32.900 --> 01:25:42.900] And when I make a request under the code, the required provided under the code, any request for clarification, I file one with Williamson County.
[01:25:42.900 --> 01:25:44.900] I requested all documents.
[01:25:44.900 --> 01:25:48.900] It's in my onjurisimportance.website.
[01:25:48.900 --> 01:25:53.900] You will find a 1730 request, 17.30.
[01:25:53.900 --> 01:25:56.900] One of my favorites.
[01:25:56.900 --> 01:26:07.900] It asks for all documents collected December to maintain by the department that are specifically referenced by Article 7.30, Texas Code of Criminal Procedure.
[01:26:07.900 --> 01:26:13.900] I asked the DA in Victoria County.
[01:26:13.900 --> 01:26:16.900] I liked this guy.
[01:26:16.900 --> 01:26:20.900] He told me that I would have to give him the request in writing.
[01:26:20.900 --> 01:26:23.900] I was talking to him, and I told him that's what I wanted to see.
[01:26:23.900 --> 01:26:25.900] So you have to give me that in writing.
[01:26:25.900 --> 01:26:28.900] So I pulled out my 1730 request.
[01:26:28.900 --> 01:26:32.900] I wrote his name at the top, to the Victoria County.
[01:26:32.900 --> 01:26:36.900] I put in a set of dates, and I signed it and handed it to him.
[01:26:36.900 --> 01:26:38.900] I went through it.
[01:26:38.900 --> 01:26:40.900] He reads a little bit, and he looked down at me.
[01:26:40.900 --> 01:26:45.900] He looked back, read a little bit more, looked down at me again, and I looked up and I said,
[01:26:45.900 --> 01:26:49.900] And you thought this was my first rodeo.
[01:26:49.900 --> 01:26:58.900] He looked down at me and said, No, Mr. Kelton, somehow I don't think this is your first rodeo.
[01:26:58.900 --> 01:27:05.900] Williamson County, when I went there, they sent this ADA of this assistant county attorney out
[01:27:05.900 --> 01:27:12.900] and asked me if I could narrow the scope of my request.
[01:27:12.900 --> 01:27:21.900] I said, Yes, all that I want from you is exactly what I asked you for.
[01:27:21.900 --> 01:27:24.900] She looked at me like she wanted to shoot me.
[01:27:24.900 --> 01:27:28.900] But she was smart enough not to ask me for clarification.
[01:27:28.900 --> 01:27:31.900] She just asked me to narrow the scope.
[01:27:31.900 --> 01:27:36.900] Absolutely not, because I knew what record they would have.
[01:27:36.900 --> 01:27:38.900] Zero.
[01:27:38.900 --> 01:27:46.900] I put in my letters without narrowing the scope of my request.
[01:27:46.900 --> 01:27:53.900] There is a clarification of my request, and I made sure to make that clear to them.
[01:27:53.900 --> 01:28:01.900] Anyway, look, I've emailed you a copy of it, and it's so beautiful.
[01:28:01.900 --> 01:28:05.900] These folks are such amateurs, I guess, at understanding the law of it.
[01:28:05.900 --> 01:28:11.900] The way they run things and the way they link me up on their emails, wonderful.
[01:28:11.900 --> 01:28:16.900] And I also sent a copy to Ralph over there in Jasper.
[01:28:16.900 --> 01:28:24.900] And you, Mr. Randy Kelton at ruleoflawradio.com.
[01:28:24.900 --> 01:28:26.900] So you can take a look at it.
[01:28:26.900 --> 01:28:40.900] They actually did send me 42 pages of oaths of office and anti-bravery statements.
[01:28:40.900 --> 01:28:44.900] But it was so funny because they linked me in the whole chain of emails.
[01:28:44.900 --> 01:28:46.900] They were saying, hey, we're missing a bunch.
[01:28:46.900 --> 01:28:47.900] We're missing these.
[01:28:47.900 --> 01:28:52.900] We're missing, you know, like, I found them for these, this, and this, and those.
[01:28:52.900 --> 01:29:01.900] So I'm thinking about making the PIR for, you know, those officers who don't have an oath of office on file who have written it.
[01:29:01.900 --> 01:29:02.900] Okay.
[01:29:02.900 --> 01:29:04.900] One word of caution.
[01:29:04.900 --> 01:29:05.900] Yes, sir.
[01:29:05.900 --> 01:29:07.900] You don't ever want them to know what you're looking for.
[01:29:07.900 --> 01:29:12.900] So ask for oaths for all officers.
[01:29:12.900 --> 01:29:15.900] So they won't know if you ask for the ones that don't have it.
[01:29:15.900 --> 01:29:18.900] They'll know that you're zeroing in on.
[01:29:18.900 --> 01:29:26.900] It may well be that the rest of the department doesn't know that you've been leaked in on this email.
[01:29:26.900 --> 01:29:28.900] Don't let them know.
[01:29:28.900 --> 01:29:38.900] Randy, my first original request was for all officers whose duties include issuing citations.
[01:29:38.900 --> 01:29:42.900] Oh, so you got that covered and you didn't get those.
[01:29:42.900 --> 01:29:43.900] Hang on.
[01:29:43.900 --> 01:29:45.900] About to go to break.
[01:29:45.900 --> 01:29:46.900] We're having too much fun here.
[01:29:46.900 --> 01:29:49.900] Randy Kelton, Deborah Stevens, rule of law radio.
[01:29:49.900 --> 01:29:51.900] We'll be right back.
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[01:31:33.900 --> 01:31:36.900] This is the first skyscraper that fell on the afternoon of September 11.
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[01:31:58.900 --> 01:32:02.900] Go to RememberBuilding7.org today.
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[01:32:05.900 --> 01:32:07.900] In today's America, we live in an us-against-them society,
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[01:32:57.900 --> 01:33:02.900] we all want and deserve.
[01:33:02.900 --> 01:33:04.900] You are listening to the Logos Radio Network.
[01:33:04.900 --> 01:33:31.900] LogosRadioNetwork.com.
[01:33:31.900 --> 01:33:43.900] LogosRadioNetwork.com.
[01:33:43.900 --> 01:33:45.900] Okay, we are back.
[01:33:45.900 --> 01:33:48.900] Randy Kelton, Deborah Stevens, Rule of Law Radio.
[01:33:48.900 --> 01:33:53.900] Pat dropped off, and that was good because there's been a talk.
[01:33:53.900 --> 01:33:57.900] We'll probably get to John, but Ken, we're not likely to get to you tonight.
[01:33:57.900 --> 01:33:59.900] Can you call back tomorrow night?
[01:33:59.900 --> 01:34:05.900] Because we've only got two segments left.
[01:34:05.900 --> 01:34:09.900] Yeah, two segments left, and I don't think we'll get to you.
[01:34:09.900 --> 01:34:11.900] So call back tomorrow night.
[01:34:11.900 --> 01:34:14.900] Okay, back to Max in Texas.
[01:34:14.900 --> 01:34:18.900] Okay, Max, where were we?
[01:34:18.900 --> 01:34:24.900] Well, we were talking about, apparently, the Chief of Police
[01:34:24.900 --> 01:34:31.900] is telling me that the certifications that are issued by the department,
[01:34:31.900 --> 01:34:36.900] the Department of Public Safety of Texas, are, you know,
[01:34:36.900 --> 01:34:43.900] I actually have to go to TECOL, the Texas Commission on Law Enforcement,
[01:34:43.900 --> 01:34:52.900] and get certified copies of their certificates there.
[01:34:52.900 --> 01:34:55.900] And, you know, I call BS.
[01:34:55.900 --> 01:34:58.900] That's not what I was asking for.
[01:34:58.900 --> 01:35:02.900] Okay, you don't have to clarify that to him.
[01:35:02.900 --> 01:35:05.900] He has a duty to know better.
[01:35:05.900 --> 01:35:10.900] So what you're doing now is you're giving fair warning,
[01:35:10.900 --> 01:35:14.900] and that's a violation of the rules.
[01:35:14.900 --> 01:35:23.900] He did not respond to your, his answer to your request was non-responsive.
[01:35:23.900 --> 01:35:26.900] Non-responsive, I love that word.
[01:35:26.900 --> 01:35:29.900] So file against him.
[01:35:29.900 --> 01:35:34.900] Yeah, he gave a response, but it was meaningless.
[01:35:34.900 --> 01:35:41.900] If it was done mistakenly, his problem, not your problem,
[01:35:41.900 --> 01:35:45.900] and you have no duty to give him legal advice.
[01:35:45.900 --> 01:35:52.900] Well, I have a hankering, I have a need.
[01:35:52.900 --> 01:35:57.900] You've been extra helpful tonight, and I've got, in this fight,
[01:35:57.900 --> 01:35:59.900] I've got plenty of time to do.
[01:35:59.900 --> 01:36:06.900] So let me let you actually move on to the next caller and, you know,
[01:36:06.900 --> 01:36:12.900] see what they got because I need to capitalize on all your time.
[01:36:12.900 --> 01:36:14.900] Okay, thank you, Max.
[01:36:14.900 --> 01:36:21.900] And I did spend more time with this because I like these really technical examinations of code.
[01:36:21.900 --> 01:36:23.900] This is kind of my favorite thing to do.
[01:36:23.900 --> 01:36:25.900] Okay, thank you, Max.
[01:36:25.900 --> 01:36:27.900] Now we're going to John in New York.
[01:36:27.900 --> 01:36:29.900] Hello, John.
[01:36:29.900 --> 01:36:30.900] Hello, can you hear me?
[01:36:30.900 --> 01:36:32.900] I'm not on mute, I hope.
[01:36:32.900 --> 01:36:34.900] I can hear you.
[01:36:34.900 --> 01:36:41.900] If it ever happens where you can't hear me, this phone loves to put myself on mute all by itself.
[01:36:41.900 --> 01:36:43.900] Huh?
[01:36:43.900 --> 01:36:45.900] What did you say?
[01:36:45.900 --> 01:36:47.900] Okay, I'm kidding.
[01:36:47.900 --> 01:36:49.900] Give me about 10 to 15 seconds.
[01:36:49.900 --> 01:36:53.900] This phone is slow, and it takes a while to get off of mute.
[01:36:53.900 --> 01:36:54.900] Okay, here we go.
[01:36:54.900 --> 01:36:58.900] This is going to take exactly 70 seconds.
[01:36:58.900 --> 01:37:00.900] And you mentioned politics?
[01:37:00.900 --> 01:37:03.900] Oh, you're going to love this at the end.
[01:37:03.900 --> 01:37:05.900] Okay, 70 seconds, here we go.
[01:37:05.900 --> 01:37:15.900] My relative received paperwork back on that seatbelt ticket appeal from the assistant district attorney with a copy to the judge and one to the defendant.
[01:37:15.900 --> 01:37:22.900] The ADA says all the defendant's contentions are without merit, without merit.
[01:37:22.900 --> 01:37:30.900] In their reasoning to keep the defendant guilty, they addressed everything except the key element why the ticket should have been dismissed.
[01:37:30.900 --> 01:37:33.900] The key element was the ticket charge is no seatbelt.
[01:37:33.900 --> 01:37:37.900] Then the cop shot himself in the foot with his own testimony in trial court.
[01:37:37.900 --> 01:37:43.900] Well, it was later determined he may have been wearing a seatbelt, but he was wearing it improperly.
[01:37:43.900 --> 01:37:49.900] So now the cop could not and did not prove the charge on the ticket by contradicting himself.
[01:37:49.900 --> 01:37:54.900] He changed the material fact in the evidence that contradicted the charge.
[01:37:54.900 --> 01:37:58.900] He didn't provide the proper notice when he changed that material fact.
[01:37:58.900 --> 01:38:03.900] And since the defendant was not charged with wearing the seatbelt improperly, he would...
[01:38:03.900 --> 01:38:05.900] Hold on, John, I've lost...
[01:38:05.900 --> 01:38:16.900] Are you quoting what the prosecution responded with or are you going into argument that didn't find a transition?
[01:38:16.900 --> 01:38:21.900] Okay, I'm just refreshing your memory and everybody's memories, what happened.
[01:38:21.900 --> 01:38:29.900] And what they said was his arguments were without merit.
[01:38:29.900 --> 01:38:34.900] In other words, the ADA was recommending to the judge to find the guilty.
[01:38:34.900 --> 01:38:35.900] Okay.
[01:38:35.900 --> 01:38:40.900] Well, to the judge that means, you know, legally that means blah, blah, blah.
[01:38:40.900 --> 01:38:42.900] Well, here's what it says exactly.
[01:38:42.900 --> 01:38:43.900] I got it right here.
[01:38:43.900 --> 01:38:45.900] It's like one sentence long.
[01:38:45.900 --> 01:38:51.900] So you see what I'm saying, what I'm saying is they totally ignored the most important thing of all.
[01:38:51.900 --> 01:38:56.900] And of course, I would have expected them to do that because that was the thing that had the most weight.
[01:38:56.900 --> 01:39:02.900] About the first the charge is one thing, then the cop contradicts himself and shot himself in the foot.
[01:39:02.900 --> 01:39:04.900] Here's what the ADA said.
[01:39:04.900 --> 01:39:08.900] The defendant's various contentions are without merit.
[01:39:08.900 --> 01:39:14.900] Accordingly, the people respectfully request that the judgment of conviction be affirmed.
[01:39:14.900 --> 01:39:18.900] You should move for summary judgment.
[01:39:18.900 --> 01:39:20.900] Oh, move for summary judgment.
[01:39:20.900 --> 01:39:21.900] Okay.
[01:39:21.900 --> 01:39:22.900] Yes.
[01:39:22.900 --> 01:39:30.900] They did not, they didn't oppose any of your assertions or accusations.
[01:39:30.900 --> 01:39:34.900] Well, no, they just, they opposed all of them except one.
[01:39:34.900 --> 01:39:35.900] How?
[01:39:35.900 --> 01:39:39.900] They opposed them, did they oppose them specifically?
[01:39:39.900 --> 01:39:40.900] Yes.
[01:39:40.900 --> 01:39:41.900] Oh, okay.
[01:39:41.900 --> 01:39:43.900] Then there's more.
[01:39:43.900 --> 01:39:44.900] Huh?
[01:39:44.900 --> 01:39:52.900] I said, did there's more than just a general assertion that all of your claims are without merit?
[01:39:52.900 --> 01:39:53.900] Right.
[01:39:53.900 --> 01:40:02.900] How did they oppose the assertion that you were, there was no evidence of, you're not, there's actually an admission that you were,
[01:40:02.900 --> 01:40:05.900] that your guy was actually wearing a fatigue belt.
[01:40:05.900 --> 01:40:07.900] How did they address that?
[01:40:07.900 --> 01:40:09.900] No, say that again.
[01:40:09.900 --> 01:40:22.900] How did they address your assertion that you were, that there was an admission in court that the accused was wearing a seatbelt when he was charging with not wearing a seatbelt?
[01:40:22.900 --> 01:40:24.900] Oh, they didn't even touch that one.
[01:40:24.900 --> 01:40:26.900] That's what I meant.
[01:40:26.900 --> 01:40:27.900] They didn't oppose it.
[01:40:27.900 --> 01:40:30.900] So it becomes a admission.
[01:40:30.900 --> 01:40:32.900] It is a judicial admission.
[01:40:32.900 --> 01:40:34.900] What does that mean?
[01:40:34.900 --> 01:40:42.900] As they admitted that you were wearing, that he was wearing a seatbelt and he's charged without wearing a seatbelt, you move for summary judgment.
[01:40:42.900 --> 01:40:43.900] Okay.
[01:40:43.900 --> 01:40:44.900] How do you do that?
[01:40:44.900 --> 01:40:46.900] Just briefly summarize it for me.
[01:40:46.900 --> 01:40:49.900] I just did that.
[01:40:49.900 --> 01:40:54.900] Oh, well, you made, you made an assertion of law.
[01:40:54.900 --> 01:40:55.900] Okay.
[01:40:55.900 --> 01:40:57.900] Let me see.
[01:40:57.900 --> 01:40:59.900] Send me an email.
[01:40:59.900 --> 01:41:00.900] I've got it.
[01:41:00.900 --> 01:41:11.900] I'm trying to remember what the case is, is a, there's a series of cases easier in Texas law, which should be able to find corresponding cases in New York law.
[01:41:11.900 --> 01:41:28.900] It says that the active issues, any active issues in emotion or pleading, not specifically opposed by the opposing counsel are construed to grant judicial admission.
[01:41:28.900 --> 01:41:31.900] And they may not be subsequently argued.
[01:41:31.900 --> 01:41:40.900] You argued that the officer admitted that you were wearing a seatbelt.
[01:41:40.900 --> 01:41:46.900] The, when you were charged without wearing a seatbelt.
[01:41:46.900 --> 01:41:47.900] Correct.
[01:41:47.900 --> 01:41:58.900] In order to overcome that, the prosecuting attorney would have to have brought an argument opposing that.
[01:41:58.900 --> 01:42:05.900] A general assertion that your claims are without merit is blah, blah, blah.
[01:42:05.900 --> 01:42:06.900] Means nothing.
[01:42:06.900 --> 01:42:16.900] He had to address the issue specifically and show why your assertion was not in accordance with the facts and law.
[01:42:16.900 --> 01:42:20.900] And his assertion is within the facts and law, but he didn't do that.
[01:42:20.900 --> 01:42:23.900] So he granted judicial admission.
[01:42:23.900 --> 01:42:30.900] So in other words, even though he addressed all the other ones that we've made, but he didn't address that one, he should have addressed that one.
[01:42:30.900 --> 01:42:31.900] And he let it slip by.
[01:42:31.900 --> 01:42:33.900] That's the one that matters.
[01:42:33.900 --> 01:42:35.900] You only have to win on one.
[01:42:35.900 --> 01:42:38.900] And that is the key one.
[01:42:38.900 --> 01:42:39.900] Right.
[01:42:39.900 --> 01:42:40.900] It is the key one.
[01:42:40.900 --> 01:42:41.900] Yeah.
[01:42:41.900 --> 01:42:42.900] Okay.
[01:42:42.900 --> 01:42:43.900] So what do I do?
[01:42:43.900 --> 01:42:44.900] How do I do summary judgment?
[01:42:44.900 --> 01:42:46.900] See, I don't understand any of that.
[01:42:46.900 --> 01:42:47.900] I just said that.
[01:42:47.900 --> 01:42:51.900] I'm saying I can say it over and over and over and you can ask me how to do it.
[01:42:51.900 --> 01:42:52.900] And I'll say the same thing.
[01:42:52.900 --> 01:42:56.900] The opposition did not oppose my assertion.
[01:42:56.900 --> 01:43:00.900] Therefore, my assertion is judicial admission.
[01:43:00.900 --> 01:43:03.900] Oh, so that's my summary judgment right there.
[01:43:03.900 --> 01:43:04.900] Yeah.
[01:43:04.900 --> 01:43:05.900] Okay.
[01:43:05.900 --> 01:43:06.900] I got it.
[01:43:06.900 --> 01:43:07.900] I got it.
[01:43:07.900 --> 01:43:08.900] See, you got to remember I don't do law.
[01:43:08.900 --> 01:43:09.900] I do medicine.
[01:43:09.900 --> 01:43:10.900] This is not law.
[01:43:10.900 --> 01:43:12.900] This is English.
[01:43:12.900 --> 01:43:17.900] Yes, but you have to be careful the way you're saying it because it goes right over my head.
[01:43:17.900 --> 01:43:18.900] So forgive me.
[01:43:18.900 --> 01:43:19.900] I got it.
[01:43:19.900 --> 01:43:20.900] I got it.
[01:43:20.900 --> 01:43:23.900] So in other words, I'm just going to say what I just told you and basically make the
[01:43:23.900 --> 01:43:25.900] conclusion that they didn't address it.
[01:43:25.900 --> 01:43:27.900] So there we have it.
[01:43:27.900 --> 01:43:28.900] You made the assertion.
[01:43:28.900 --> 01:43:31.900] They did not counter your assertion.
[01:43:31.900 --> 01:43:34.900] So they grant judicial admission of your assertion.
[01:43:34.900 --> 01:43:38.900] And if your assertion is true, you'd have a right to dismissal.
[01:43:38.900 --> 01:43:39.900] Okay.
[01:43:39.900 --> 01:43:42.900] Your assertion would obviously give you a right to dismissal.
[01:43:42.900 --> 01:43:43.900] Okay.
[01:43:43.900 --> 01:43:45.900] You've got all the language.
[01:43:45.900 --> 01:43:46.900] Good.
[01:43:46.900 --> 01:43:47.900] All right.
[01:43:47.900 --> 01:43:49.900] That's what I need then.
[01:43:49.900 --> 01:43:51.900] So actually, you just wrote it for me.
[01:43:51.900 --> 01:43:52.900] It's what it was.
[01:43:52.900 --> 01:43:53.900] Okay.
[01:43:53.900 --> 01:43:56.900] And Ken from New York, if you're listening, will you call back in?
[01:43:56.900 --> 01:43:58.900] John generally takes up half my show.
[01:43:58.900 --> 01:43:59.900] Now he's...
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[01:46:21.900 --> 01:46:31.900] Okay, we are back. Randy Kelton, rule of law radio.
[01:46:31.900 --> 01:46:36.900] And we've got another caller. We're going to go to Ted in California. Hello Ted.
[01:46:36.900 --> 01:46:48.900] Hey, Randy. Real quick, I'm looking at your avias on the website. I'm looking for that case site for the due process.
[01:46:48.900 --> 01:46:55.900] Yeah, just download it and do a search for, oh, you should be able to search it on the website.
[01:46:55.900 --> 01:47:04.900] Do a search for McLaughlin, the city of Riverside. That'll take you to the area where I'm arguing these issues.
[01:47:04.900 --> 01:47:14.900] Okay, preliminary hearing is required by Gerstein Pugh. Gerstein Pugh is the key controlling case.
[01:47:14.900 --> 01:47:24.900] And how long it takes, how long they have to get you to that preliminary hearing is McLaughlin, the city of Riverside.
[01:47:24.900 --> 01:47:28.900] So just do a search for McLaughlin, you'll get your hit right on it.
[01:47:28.900 --> 01:47:31.900] Okay, so it's in the avias though.
[01:47:31.900 --> 01:47:43.900] It is in the avias. That's a, it's written in Texas law, but it is, it follows essentially the whole thing follows federal law.
[01:47:43.900 --> 01:47:50.900] Top to bottom, and it is due process top to bottom. You should read that a couple of times.
[01:47:50.900 --> 01:47:55.900] When they arrested you, did they take you directly to the nearest magistrate?
[01:47:55.900 --> 01:47:57.900] Right, they did not.
[01:47:57.900 --> 01:48:05.900] To your knowledge, did the officer exercise due diligence in an effort to locate a magistrate?
[01:48:05.900 --> 01:48:07.900] Absolutely not.
[01:48:07.900 --> 01:48:16.900] One of the things I like to do is follow a information request to the department requesting a list of all of the magistrates in the county.
[01:48:16.900 --> 01:48:21.900] If it's Texas, then I want all the magistrates in all surrounding counties.
[01:48:21.900 --> 01:48:33.900] And they will send me a response back saying, we have no records responsive to your request, and we are not required to create records we do not have.
[01:48:33.900 --> 01:48:41.900] Yes, because the taxes code says that they must take you directly to the nearest magistrate.
[01:48:41.900 --> 01:48:53.900] If a magistrate is not available, they're to take you directly to the magistrate in a surrounding county so that the magistrate may effectively give the warnings that are contained in 15.17.
[01:48:53.900 --> 01:49:07.900] So by saying they don't have the information and aren't required to produce it, that becomes a judicial admission that the officer made no due diligence effort to locate.
[01:49:07.900 --> 01:49:20.900] So you ask the jurisdiction for a list of all magistrates and the times at which the magistrates will make themselves available for the purposes of a preliminary jury.
[01:49:20.900 --> 01:49:26.900] And they're going to tell you they don't have it and they don't have to produce it.
[01:49:26.900 --> 01:49:28.900] Perfect.
[01:49:28.900 --> 01:49:32.900] And just go through that thing.
[01:49:32.900 --> 01:49:46.900] And that will indicate right at 19 felony and misdemeanor criminal violations by everybody involved.
[01:49:46.900 --> 01:49:52.900] Okay, you just walk right down due process.
[01:49:52.900 --> 01:50:03.900] You will love it. You got more stuff. And I'm going to suggest it's way past the time you should be filing criminally against them.
[01:50:03.900 --> 01:50:08.900] And the best ones to file are the nitpicking ones.
[01:50:08.900 --> 01:50:17.900] When the officer took you to the jail, did the jailer take you directly to the nearest magistrate?
[01:50:17.900 --> 01:50:21.900] No, it filed against the jailer.
[01:50:21.900 --> 01:50:28.900] And the jailer is going to get apoplexy when you file criminally against him and file a professional conduct complaint against him.
[01:50:28.900 --> 01:50:43.900] And you don't know which jailer to file against, so you find out all the jailers that were employed at that time filed against all of them and let God sort them out.
[01:50:43.900 --> 01:50:54.900] The professional conduct complaint goes against their record regardless, even if it was frivolous, even if they had nothing to do with it.
[01:50:54.900 --> 01:50:58.900] Judges are, by the way, life is tough. Deal with it.
[01:50:58.900 --> 01:51:03.900] Every prosecutor involved should be bar-grieved in the stone age.
[01:51:03.900 --> 01:51:07.900] Judges. Judges are the best.
[01:51:07.900 --> 01:51:12.900] Judges feel absolutely immune.
[01:51:12.900 --> 01:51:17.900] Well, they're not immune from acts outside of scope.
[01:51:17.900 --> 01:51:26.900] Our judge's only purpose is to determine the facts in accordance with the rules of evidence, then apply the law as it comes to him to the facts in the case.
[01:51:26.900 --> 01:51:32.900] And I have case law from Texas that says, if he fails to do that, it's an abuse of discretion.
[01:51:32.900 --> 01:51:39.900] An abuse of discretion that has the effect of denying the citizen full free access to enjoyment, right?
[01:51:39.900 --> 01:51:46.900] Well, that's a class A misdemeanor in Texas, and it's a class A misdemeanor in California.
[01:51:46.900 --> 01:51:55.900] Even if the judge did it, the pictures filed a request for findings of facts and conclusions at law.
[01:51:55.900 --> 01:52:03.900] The code in Texas said that the judge shall provide findings of facts and conclusions at law within 20 days.
[01:52:03.900 --> 01:52:15.900] 21st day, class A misdemeanor, official oppression, failure to perform a duty is required to perform, and the process denied the pictures and the right to appeal.
[01:52:15.900 --> 01:52:26.900] And by that one on Bubba, I'm sure when you explain your reason to a grand jury of my peers, they'll be real understanding.
[01:52:26.900 --> 01:52:34.900] But even if you don't get to the grand jury, I didn't get to the grand jury with Federal Judge McBride.
[01:52:34.900 --> 01:52:44.900] I filed a petition with declaratory judgment, and he dismissed it with prejudice for failure to stay to claim which cover can be had.
[01:52:44.900 --> 01:52:49.900] The declaratory judgment suits don't have claims.
[01:52:49.900 --> 01:52:56.900] So I filed a criminal with the SAC, the Special Agent in Charge of the FBI.
[01:52:56.900 --> 01:53:04.900] I've had three people file that in his court after this, and he did not dismiss one of them.
[01:53:04.900 --> 01:53:08.900] He found out what a declaratory judgment suit was.
[01:53:08.900 --> 01:53:16.900] Now they'll never tell you that what you're doing is effective, but you watch how they behave afterward, and you'll find out if they're effective.
[01:53:16.900 --> 01:53:25.900] The last thing this Federal Judge wanted was a reason that he could be removed from office.
[01:53:25.900 --> 01:53:30.900] He's up in his 90s. He's probably 94, 95 by now.
[01:53:30.900 --> 01:53:37.900] And he can't be removed so long as he is in good behavior.
[01:53:37.900 --> 01:53:43.900] Class A misdemeanor, official oppression is not good behavior.
[01:53:43.900 --> 01:53:51.900] And that's all the excuse that the courts would need to remove him from office.
[01:53:51.900 --> 01:53:55.900] It's all politics. You use those complaints for politics.
[01:53:55.900 --> 01:53:59.900] They can come after you, and they can cheat and impose garbage they want to.
[01:53:59.900 --> 01:54:05.900] When you start going after them criminally, all of a sudden you become a protected class.
[01:54:05.900 --> 01:54:09.900] They do anything ugly then, and you have poisoned their well.
[01:54:09.900 --> 01:54:15.900] You accuse them. Everything they do, you accuse them of retaliation.
[01:54:15.900 --> 01:54:24.900] Maybe they won't. They probably figure it's not going to get their grand jury, and even if it does, a grand jury's not going to die.
[01:54:24.900 --> 01:54:26.900] Maybe.
[01:54:26.900 --> 01:54:34.900] My prosecuting attorney gave me one piece of information that was more valuable than any other.
[01:54:34.900 --> 01:54:39.900] I walked into his office, and he's miserable, sitting there with his head in his hand.
[01:54:39.900 --> 01:54:50.900] I said, what's the matter, Greg? He looked up at me and he said, those darn grand jurors, you never know what they're going to do.
[01:54:50.900 --> 01:54:58.900] I said, there is a God. I could not have heard anything better.
[01:54:58.900 --> 01:55:06.900] A grand jury is always a crapshoot, just like a pettit jury is always a crapshoot.
[01:55:06.900 --> 01:55:16.900] When you start making grand jury noises, when you start filing criminal charges, and anybody steps in front of that criminal charge you file against them,
[01:55:16.900 --> 01:55:20.900] and you just make an incredible nuisance of yourself.
[01:55:20.900 --> 01:55:27.900] In your case, you had a prosecutor who prosecuted you to help out a buddy of his.
[01:55:27.900 --> 01:55:34.900] When you start filing criminal charges, and these judges start stepping up to shield that prosecutor near your hammer, the judge,
[01:55:34.900 --> 01:55:42.900] judicial conduct complaints, criminal complaints, the judge is not going to be a happy camper.
[01:55:42.900 --> 01:55:53.900] He can't say a word to you, even frowns at you, retaliation witness tampering, because you become a protected class just like him.
[01:55:53.900 --> 01:55:58.900] The only one he can say anything to is the one he's protected.
[01:55:58.900 --> 01:56:05.900] It's politics, Ted. This is how you can really put the screws on.
[01:56:05.900 --> 01:56:14.900] And these higher judges that you're going after are going to tell this prosecutor, you get this guy off my case, or I'm going to be on your case.
[01:56:14.900 --> 01:56:18.900] It's how it works. How would you feel, Ted?
[01:56:18.900 --> 01:56:27.900] If you try to help somebody else from some stupid stuff they did, and then you get in trouble trying to help them?
[01:56:27.900 --> 01:56:29.900] Yeah.
[01:56:29.900 --> 01:56:32.900] It's the same way there, and they're more sensitive.
[01:56:32.900 --> 01:56:42.900] The higher level judges, they're real sensitive to this kind of thing, because they're very political. They're elected.
[01:56:42.900 --> 01:56:51.900] And you start producing cannon fodder for their potential running mates, or potential opponents.
[01:56:51.900 --> 01:56:56.900] They are not going to be happy campers.
[01:56:56.900 --> 01:57:05.900] And all of this snouts and the same trough stuff, that's going to take care of that, or this good old boy thing.
[01:57:05.900 --> 01:57:15.900] That good old boy thing is going to fade before them not getting elected next time.
[01:57:15.900 --> 01:57:21.900] Time to unleash Ted Scarlett on the system.
[01:57:21.900 --> 01:57:31.900] The judge that tried to kill you in court by denying you medical treatment when you're having a heart attack in the court?
[01:57:31.900 --> 01:57:35.900] That is so ugly.
[01:57:35.900 --> 01:57:44.900] If you follow that one, it's going to frighten everybody, because they're going to know this gets before a grand jury.
[01:57:44.900 --> 01:57:49.900] That judge is toast.
[01:57:49.900 --> 01:57:53.900] Yeah, and I got the transcript.
[01:57:53.900 --> 01:58:04.900] Yeah, you may not get it before a grand jury, but you can stir up so much stink with that, that you're going to become absolutely taboo, just like I am.
[01:58:04.900 --> 01:58:08.900] Don't touch this no good scoundrel.
[01:58:08.900 --> 01:58:10.900] He is nothing but trouble.
[01:58:10.900 --> 01:58:16.900] The word is, in Dallas, Fort Worth area, if that count comes in your court, he's trying to get you to do something so he can come after you.
[01:58:16.900 --> 01:58:18.900] That's right, I am.
[01:58:18.900 --> 01:58:20.900] So don't mess with me.
[01:58:20.900 --> 01:58:26.900] We are out of time. We'll be back tomorrow night on our four hour info marathon.
[01:58:26.900 --> 01:58:31.900] Thank you all for listening, and if you have a question or comment, call in tomorrow night.
[01:58:31.900 --> 01:58:44.900] I realize this show is different than a lot. We spend time on issues, but we're trying to teach people how to develop the entire issues, rather than just throw out a bunch of soundbites.
[01:58:44.900 --> 01:58:49.900] Okay, we'll be back tomorrow night. Good night.
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