ROL_2019-03-29_16k_Hr1-2.timecode

[00:00.000 --> 00:05.560]  The falling of these flashes brought to you by the low start of lowdowns, providing the
[00:05.560 --> 00:12.840]  jelly bulletins for the commodity market, today in history, news updates, and the inside
[00:12.840 --> 00:21.280]  scoop into the tides of the alternative.
[00:21.280 --> 00:27.480]  Markets for Wednesday the 6th of February, 2019, open with gold at $1,313.70 an ounce,
[00:27.480 --> 00:35.520]  silver $15.77 an ounce, copper $2.83 an ounce, oil Texas crude $3.66 a barrel, brand crude
[00:35.520 --> 00:43.400]  $61.98 a barrel, and cryptos in order of market capitalization, Bitcoin $3,401.64, Ripple
[00:43.400 --> 00:54.160]  XRP $0.29, Ethereum $10.10 and EOS is at $2.32 a crypto coin.
[00:54.160 --> 00:59.640]  Today in history, the year 1918, British women over the age of 30 who meet minimum property
[00:59.640 --> 01:04.560]  qualifications get the right to vote when the representation of the People Act of 1918
[01:04.560 --> 01:09.560]  was passed by parliament.
[01:09.560 --> 01:14.240]  In recent news, several Texas-based organizations filed a lawsuit today requesting that a federal
[01:14.240 --> 01:19.000]  court stop the state from flagging about 95,000 people as potentially illegally registered
[01:19.000 --> 01:20.000]  to vote.
[01:20.000 --> 01:25.280]  This was compiled after an 11-month-long investigation by the office of the Texas Secretary of State
[01:25.280 --> 01:30.040]  and the Texas Department of Public Safety, which sought to identify non-U.S. citizens
[01:30.040 --> 01:33.360]  who were registered to vote when obtaining H. Argers license.
[01:33.360 --> 01:37.080]  Over half of the 95,000 didn't devote, it seems.
[01:37.080 --> 01:41.080]  However, further controversy was raised when it became clear that some of the names were
[01:41.080 --> 01:45.280]  not in fact belonging to those who were non-citizens and registered.
[01:45.280 --> 01:50.880]  Apparently around 25% of all Latino immigrants become naturalized, gaining the right to vote.
[01:50.880 --> 01:55.240]  Registered voters who receive letters querying their citizenship have 30 days to respond
[01:55.240 --> 01:57.080]  with proof of eligibility.
[01:57.080 --> 02:01.240]  Texas Attorney General Ken Paxton and David Whitley, the Texas Secretary of State, have
[02:01.240 --> 02:09.000]  yet to officially comment regarding this list and any updates pertaining to it.
[02:09.000 --> 02:14.400]  A Texas man of only 24 years old, William Brown, died from a severed artery in his neck after
[02:14.400 --> 02:16.960]  a vape pen exploded while he was using it.
[02:16.960 --> 02:20.680]  It apparently happened in the parking lot of the vape shop where he got it.
[02:20.680 --> 02:24.280]  An x-ray revealed that a piece of metal was embedded in his brainstem.
[02:24.280 --> 02:30.480]  The vape store, Smoke and Vape DZ, has refused to comment.
[02:30.480 --> 02:35.240]  First edition anchorwoman, Kristen Diaz, interviewed Aislin Campbell, the executive director of
[02:35.240 --> 02:40.200]  Grow Local, South Texas, concerning the upcoming Texas Organic Farmers and Gardeners Association
[02:40.200 --> 02:44.600]  Conference, which will be taking place at the Corpus Christi Omni Hotel from February
[02:44.600 --> 02:47.480]  14th to 16th, 6 to 9 p.m.
[02:47.480 --> 02:51.280]  You can find the interview at kiitv.com.
[02:51.280 --> 03:18.120]  This was Rick Rody with your lowdown for February 6th, 2019.
[03:18.120 --> 03:25.760]  Okay, Hody Hody, this is Randy Colton, rule of law radio on this, the 29th day of March
[03:25.760 --> 03:26.760]  2019.
[03:26.760 --> 03:36.560]  I'm going to start out with something I've got going on here in Tennessee.
[03:36.560 --> 03:46.480]  I've been here for a year and a half and I've been really busy with my project, so I haven't
[03:46.480 --> 03:51.440]  taken the time to test the legal system in Tennessee.
[03:51.440 --> 03:59.400]  So I went down to the court a couple of weeks ago and I went into the court and I annoyed
[03:59.400 --> 04:07.040]  them a little bit and then I come out because I was looking for a parent's docket.
[04:07.040 --> 04:11.280]  And then when I started back in, they wouldn't let me in with my cell phones, but I assured
[04:11.280 --> 04:18.760]  them that I needed my cell phone because I intended to record the proceedings using the
[04:18.760 --> 04:22.000]  cell phone and they said, oh, you can't record the proceedings.
[04:22.000 --> 04:27.000]  Oh, so I said, oh my, then can you hold my phone?
[04:27.000 --> 04:28.760]  He said, no, you'll have to put it in the car.
[04:28.760 --> 04:32.880]  So I went down and put it in the car and when I came back, they had the court doors locked.
[04:32.880 --> 04:35.480]  I said, I need to go in the court.
[04:35.480 --> 04:37.560]  Oh, no, you can't go in there.
[04:37.560 --> 04:38.560]  We locked the doors.
[04:38.560 --> 04:42.560]  I said, I see you locked the doors, I need you to unlock them, I need to go in and observe
[04:42.560 --> 04:43.560]  the proceedings.
[04:43.560 --> 04:46.960]  And he said, the judge said to lock the doors.
[04:46.960 --> 04:47.960]  Oh, okay.
[04:47.960 --> 04:48.960]  So I left.
[04:48.960 --> 04:55.920]  That was a couple of weeks ago, okay, Monday of this, Tuesday of this week, you know, Monday
[04:55.920 --> 05:02.920]  of this week, I went down to the district attorney's office and I filed criminal charges
[05:02.920 --> 05:06.080]  against the bailiffs.
[05:06.080 --> 05:18.960]  I accused him of official misconduct for denying me access to a public court and for denying
[05:18.960 --> 05:27.880]  me in my right to record my public officials in the performance of the duty.
[05:27.880 --> 05:31.160]  And I told the investigator, the prosecutor wouldn't talk to me.
[05:31.160 --> 05:32.160]  They never do.
[05:32.160 --> 05:33.160]  They always send out their investigator.
[05:33.160 --> 05:41.760]  And I told the prosecutor that the bailiff was really smart, very professional, assured
[05:41.760 --> 05:47.840]  me that he knew that I had a right to record the proceedings and that I had a right to
[05:47.840 --> 05:52.800]  access the court, but he had to do what the judge told him.
[05:52.800 --> 06:01.920]  So he knew what he was doing wasn't illegal, but he did it anyway.
[06:01.920 --> 06:04.480]  And he was very nice, very professional.
[06:04.480 --> 06:11.280]  So nobody will accuse me of having a problem with the bailiff.
[06:11.280 --> 06:14.440]  They won't accuse me of doing this just to pick on the bailiff.
[06:14.440 --> 06:21.760]  And I told the investigator for the prosecutor that I'm not really after the bailiff.
[06:21.760 --> 06:29.000]  I'm here to use the prosecuting attorney as a crash dummy that I need to test out the
[06:29.000 --> 06:34.440]  system before I go to Clarksville because that's where I really want to go after.
[06:34.440 --> 06:42.040]  And that's the jurisdiction that Olivier, who used to call in all the time, he was having
[06:42.040 --> 06:43.880]  a big fight with him.
[06:43.880 --> 06:47.960]  That's the jurisdiction he was in.
[06:47.960 --> 06:52.360]  And that's what I told him, but that wasn't true.
[06:52.360 --> 06:53.920]  I'm really after this one.
[06:53.920 --> 06:56.080]  I'm not after Clarksville.
[06:56.080 --> 07:01.280]  But I wanted him to think that I really don't care about these guys.
[07:01.280 --> 07:04.000]  I don't care about these complaints.
[07:04.000 --> 07:08.920]  I don't care about the bailiff or the judge or I don't care about any of this stuff.
[07:08.920 --> 07:13.760]  I'm just doing this so I can get set up for somebody else.
[07:13.760 --> 07:18.320]  This way they have no way to deal with me.
[07:18.320 --> 07:23.840]  So I'll be waiting until, let me check, okay, my phone lines are open.
[07:23.840 --> 07:28.160]  I forgot to say that at the beginning of the show that the phone lines are open or call
[07:28.160 --> 07:31.160]  in number 512-646-1984.
[07:31.160 --> 07:34.760]  If you have a question or comment, give us a call.
[07:34.760 --> 07:36.960]  We'll have the lines open all night.
[07:36.960 --> 07:40.560]  Okay, so back to Tennessee.
[07:40.560 --> 07:47.240]  So this will kind of give me a feel for how the legal system operates here.
[07:47.240 --> 07:56.720]  I want to see so far they have been relatively professional and careful.
[07:56.720 --> 08:02.240]  I haven't gotten any attitude except for one guy and he's a captain on the Sheriff's Department.
[08:02.240 --> 08:13.600]  He asked me if I was a sovereign citizen and I told him, you know that is a contradiction
[08:13.600 --> 08:16.400]  of terms.
[08:16.400 --> 08:21.160]  You are either a sovereign or you're a citizen, you can't be both.
[08:21.160 --> 08:26.160]  So tell me, are you a Jack Booty thug?
[08:26.160 --> 08:37.600]  Well, he didn't smile at me when I said that, obviously thinks very highly of himself and
[08:37.600 --> 08:44.040]  I was certainly hoping that he would be the one in front of the courthouse door instead
[08:44.040 --> 08:45.040]  of one of the bailiffs.
[08:45.040 --> 08:53.720]  So I sure would have liked to have taken him on but this is a guy that has a high opinion
[08:53.720 --> 09:03.480]  of himself so I suspect he will give me opportunity to take a shot at him because I'm relatively
[09:03.480 --> 09:10.280]  certain the next time I run into him after me filing criminal charges against his bailiff
[09:10.280 --> 09:18.200]  that he's going to have words with me and I'm laying in wait for it.
[09:18.200 --> 09:25.240]  When he has words for me with me, he better be tippy towing because if he is not tippy
[09:25.240 --> 09:33.040]  towing really, really careful then I get witness tampering and obstruction against him.
[09:33.040 --> 09:42.800]  So we'll see how this works out, I'll kind of keep you posted on how things go but you
[09:42.800 --> 09:45.240]  should get interested here pretty soon.
[09:45.240 --> 09:52.800]  They have the grand jury will meet in May, I don't know the date yet but shortly after
[09:52.800 --> 09:58.920]  the date, here the grand jury meets once every three months and that's because there's almost
[09:58.920 --> 10:05.920]  nothing for them to do because 99.6% of the people take a deal.
[10:05.920 --> 10:10.640]  So if they take a deal they'll waive indictment as part of the deal so there's nothing for
[10:10.640 --> 10:12.840]  the grand jury to do.
[10:12.840 --> 10:20.280]  So they need something so I will give them something to do and we will see if they do
[10:20.280 --> 10:21.280]  it.
[10:21.280 --> 10:33.960]  When I get to, I don't have exactly the criminal charge in Tennessee that I have in Texas.
[10:33.960 --> 10:42.440]  But we have article 2.03 that specifically commands the prosecutor when he's made known
[10:42.440 --> 10:47.800]  that a public official has violated a law relating to his office, he has commanded to
[10:47.800 --> 10:49.800]  give it to the grand jury.
[10:49.800 --> 11:00.080]  I haven't found that in Tennessee law but I can still make the accusation that the prosecutor
[11:00.080 --> 11:12.080]  secreted these complaints from the grand jury in order to shield the bailiff from prosecution.
[11:12.080 --> 11:18.120]  We'll see how that works out but what I'm hoping is that the bailiff will raise the
[11:18.120 --> 11:24.440]  opposition or the argument that the judge told him to do it.
[11:24.440 --> 11:29.760]  But however this works out it should sting the judge pretty good because the bailiff
[11:29.760 --> 11:36.200]  is getting criminal charges against him for doing what the judge told him to do.
[11:36.200 --> 11:41.480]  We start a little politics and generate a little dissention in the ranks.
[11:41.480 --> 11:51.480]  Okay we have a caller, we have Ted from California, okay Ted what do you have for us tonight?
[11:51.480 --> 11:58.480]  Okay you're real soft Ted.
[11:58.480 --> 12:02.080]  How about now?
[12:02.080 --> 12:03.080]  Not much better.
[12:03.080 --> 12:04.080]  How about now?
[12:04.080 --> 12:05.080]  That's a little better.
[12:05.080 --> 12:06.080]  Let's try that.
[12:06.080 --> 12:16.760]  Okay what I did today, first off this is a word of caution for everyone.
[12:16.760 --> 12:25.600]  When you're out on the internet searching out here especially you run into what is basically
[12:25.600 --> 12:37.760]  ads from law firms and I was under the influence of this website which is a way for law firms
[12:37.760 --> 12:45.160]  to get business and it said that after a 995 motion is denied that you have the right
[12:45.160 --> 12:47.280]  of appeal.
[12:47.280 --> 12:55.840]  Now they may have used that word appeal liberally because what I found out with very little
[12:55.840 --> 13:03.240]  time left is that you don't have the right of appeal.
[13:03.240 --> 13:13.120]  You can do a habeas or you can do a writ of prohibition and you file that in the appellate
[13:13.120 --> 13:14.120]  court.
[13:14.120 --> 13:26.280]  I wrote up a petition for writ of prohibition or alternative writ of mandate and I filed
[13:26.280 --> 13:36.520]  that with the 6th appellate district court today and if you have them review the denial
[13:36.520 --> 13:40.440]  of my 995 motion.
[13:40.440 --> 13:48.480]  And I want to read real quick that you know the petition for writ of prohibition or mandate
[13:48.480 --> 13:56.160]  and petitioner petitions this court for writ of prohibition or other appropriate relief
[13:56.160 --> 14:02.440]  directing respondent Santa Clara County Superior Court to vacate its order denying petitioners
[14:02.440 --> 14:09.080]  common law 995 motion for summary judgment of dismissal and enter a different order granting
[14:09.080 --> 14:12.000]  that motion.
[14:12.000 --> 14:18.800]  And then of course I had to put in request for immediate stay because the trial is set
[14:18.800 --> 14:27.040]  for April 8 and the issue I presented is whether the trial court abused this discretion or
[14:27.040 --> 14:35.240]  was it outright judicial misconduct to deny petitioners common law 995 motion to dismiss
[14:35.240 --> 14:45.800]  and denied prematurely not allowing petitioner oral argument slash presentation and submission.
[14:45.800 --> 14:52.240]  Number two the Superior Court record of the preliminary hearing the basis of the common
[14:52.240 --> 14:58.960]  law 995 motion to dismiss does not contain reasonable or probable cause to support and
[14:58.960 --> 15:06.040]  information against petitioner but may have been sufficient to exonerate petitioner and
[15:06.040 --> 15:11.160]  support and information against other persons.
[15:11.160 --> 15:19.560]  Number three the petitioner has been prejudiced by ineffective assistance of counsel who failed
[15:19.560 --> 15:26.640]  to assert and put on the record at preliminary hearing petitioner affirmative defense.
[15:26.640 --> 15:36.720]  A all actions of petitioner were done with the supervision counsel preparation and direction
[15:36.720 --> 15:44.600]  of a bar attorney I'll exclude his name here be the people submission wait wait wait wait
[15:44.600 --> 15:52.440]  don't exclude his name well I'm not saying on the radio that's the best place to use
[15:52.440 --> 16:03.120]  his name okay well bar attorney William Hill there we go so if you get that guy watch out
[16:03.120 --> 16:14.520]  well they already got him he's been disbarred the people submission were proved the subject
[16:14.520 --> 16:20.960]  property was titled in petitioners name at the time of the alleged violation of PC 115
[16:20.960 --> 16:33.680]  making it a legal impossibility see making it a legal impossibility right eight pronouns
[16:33.680 --> 16:47.720]  what does it mean right okay go ahead well you got your music going oh yeah I do you saved
[16:47.720 --> 17:01.840]  me from falling off the cliff Randy Kelton rule law radio we'll be right back rule law
[17:01.840 --> 17:06.360]  radio is proud to offer the rule of law traffic seminar in today's America we live in us against
[17:06.360 --> 17:09.880]  them society if we the people are ever going to have a free society then we're going to
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[17:21.600 --> 17:25.960]  to learn how to enforce and preserve our rights through due process former sheriff's deputy
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[19:02.600 --> 19:08.600]  you are listening to the logos radio network the logos radio network dot com
[19:32.600 --> 19:39.600]  yeah
[19:39.600 --> 19:44.600]  control on the edge of a hole inside a deep dark
[19:44.600 --> 19:51.600]  i'm always on the lookout for something that suits my style
[19:51.600 --> 19:57.600]  so i sit back and i watch the evidence
[19:57.600 --> 20:09.600]  okay we are back and calton rule of law radio on this friday the 29th day of march 2018
[20:09.600 --> 20:15.600]  and we're talking to ted in california okay ted where were we
[20:15.600 --> 20:22.600]  well we were we were in the middle of my fullest point number three where i'm explaining that
[20:22.600 --> 20:29.600]  i've been prejudiced by ineffective assistance to counsel i've gone through a and b and c
[20:29.600 --> 20:36.600]  failed to motion the magistrate to reclassify the felony charges as misdemeanor charges
[20:36.600 --> 20:45.600]  penal code 17 b 5 and the last one b my my counsel did not submit definition and nature
[20:45.600 --> 20:52.600]  of a quick claim deed that it is a release of interest if you have any if you have none
[20:52.600 --> 21:00.600]  it transfers nothing black slot goes on to site if you have bad title or don't know if
[21:00.600 --> 21:09.600]  you have title record a quick claim deed quote unquote this support the pen of no criminal
[21:09.600 --> 21:23.600]  or evil intent and a legal impossibility so that's the start of it and you know i will
[21:23.600 --> 21:31.600]  still i today was a deadline to file it you only have 15 days to file this petition for
[21:31.600 --> 21:41.600]  writ of prohibition and i set it up though that i as i in this paper here i'm listing
[21:41.600 --> 21:48.600]  my exhibit and i'll be able to file those on tuesday because all courts are closed on
[21:48.600 --> 21:56.600]  monday for holiday and i will still have met the deadline the clerk when i saw the paper
[21:56.600 --> 22:05.100]  today they scrutinized it because they could tell i wasn't a lawyer and they were smiling
[22:05.100 --> 22:14.400]  because it looks pretty darn good in fact better than what the lawyers do good it's
[22:14.400 --> 22:21.920]  not perfect by any shape but but it'll get the job done and i want to move on to this
[22:21.920 --> 22:33.080]  randy and i want to add quite a bit of ammunition to this thing including i'll be filing the
[22:33.080 --> 22:41.800]  criminal complaint against the judge he refused to give me a written ruling in law and i did
[22:41.800 --> 22:49.600]  ask for it on the record on march 14th at the hearing and subsequent to that on tuesday
[22:49.600 --> 22:55.920]  this week i had two motions before the same judge one for denial of speedy trial the other
[22:55.920 --> 23:06.240]  one to compel discovery he had a lot of heartburn with the speedy trial one and but ultimately
[23:06.240 --> 23:12.680]  denied them both now i i can take those both up on a writ as well i could have potentially
[23:12.680 --> 23:21.080]  included it in this but i i want to do my speedy trial petition with just nothing else
[23:21.080 --> 23:31.700]  just laser focus on the yes let me make a comment on that if you file an emotion or
[23:31.700 --> 23:41.160]  a pleading and you include a number of issues the courts will routinely find the one in
[23:41.160 --> 23:49.840]  there they can deny deny that one and ignore the rest so i highly suggest one issue one
[23:49.840 --> 23:58.240]  pleading right we do have law out here though that that actually an appellate courts have
[23:58.240 --> 24:03.480]  held that you can do that but i i agree and that's why the speedy trial one will be laser
[24:03.480 --> 24:09.480]  focused and as it turns out the way i'm planning this each of the issues are going to be taken
[24:09.480 --> 24:15.400]  up separately now i want to move on to something that we may have not talked about before
[24:15.400 --> 24:23.480]  and and was discovered and brought to my attention these judges are state court judges and they
[24:23.480 --> 24:33.800]  are paid by the state of california however the county of san aqueira gives them money
[24:33.800 --> 24:42.840]  that they term judicial benefit and it's substantial money some of these they're getting 253540
[24:42.840 --> 24:54.720]  $50,000 a year paid to them by the county and in my book that's a bride and the county
[24:54.720 --> 25:04.820]  is trying to prosecute me and the county is paying the judge so where is the the state
[25:04.820 --> 25:15.480]  authorized to accept funds from the county that's a good question what evolved when
[25:15.480 --> 25:22.600]  this was discovered is governor jerry brown rushed legislation through the california
[25:22.600 --> 25:29.520]  legislature retroactively protecting these judges from prosecution but they put a bar
[25:29.520 --> 25:36.440]  as to how much they could receive and we believe they are over that bar they're receiving more
[25:36.440 --> 25:46.680]  than allowed have you put in a request for the county accounting of all funds distributed
[25:46.680 --> 25:54.760]  to state judges i have friends that have and they have that data good good because that's
[25:54.760 --> 26:02.920]  something when you get to the money the money's never secret so if the state's paying you
[26:02.920 --> 26:10.600]  don't mean the county's paying you can tell how much and this should be a legislation
[26:10.600 --> 26:25.560]  that needs to be tested have you filed a motion to disqualify the judge because he is being
[26:25.560 --> 26:34.600]  paid by the county that's on my schedule that's on my list after the item i already
[26:34.600 --> 26:39.960]  spoke of i think that that's the next one that's coming right right when you're fighting
[26:39.960 --> 26:52.240]  these cases you always want to look for something that if you raise the issue there is a likelihood
[26:52.240 --> 26:59.840]  you can get a ruling that will disrupt disrupt their playing field they're not going to want
[26:59.840 --> 27:07.880]  that to get to a court of appeals because if the court of appeals gets crack at it they
[27:07.880 --> 27:14.840]  might shoot it down and they don't want that to happen so you want to give them good reason
[27:14.840 --> 27:21.720]  to keep your case out of the court of appeals well too late for that because this this writ
[27:21.720 --> 27:26.920]  of prohibition is in the court of appeals and so i'm going to use it to uh i'm going
[27:26.920 --> 27:32.920]  to throw everything i can in there well what is what these constitutional issues or these
[27:32.920 --> 27:42.640]  you know an issue that challenges the validity of a statute they're not going to rule on
[27:42.640 --> 27:50.840]  that but they will rule on something else so you want to give them something else they
[27:50.840 --> 27:58.120]  can use to throw your case out with and never have to get to the issue of the money paid
[27:58.120 --> 28:07.720]  to the judges okay well another now you talked about disqualifying the judge but i'm prior
[28:07.720 --> 28:15.400]  to to that i want to disqualify the district attorney because they early on uh had a deputy
[28:15.400 --> 28:22.320]  a that was first on this case he came into court and was wanting me thrown back in jail
[28:22.320 --> 28:31.240]  because i was doing his client and i was costing his client money he kept calling this guy
[28:31.240 --> 28:38.920]  his client and if it's so he has it you know they have a conflict of interest if this if
[28:38.920 --> 28:44.800]  this guy is their client the guy that they're saying uh oh you know bought my house a foreclosure
[28:44.800 --> 28:51.320]  still they're calling in my client but it's not just that they called him my client and
[28:51.320 --> 28:56.640]  they didn't misspeak because they said it several times but it's everything else that
[28:56.640 --> 29:03.080]  they've done since then including remember the extortion offer that they put in writing
[29:03.080 --> 29:11.080]  telling me that if i agreed to withdraw the civil lawsuit which they got that wrong i'm
[29:11.080 --> 29:17.400]  defending the civil lawsuit i i'm not doing him he's doing me they were upset about how
[29:17.400 --> 29:25.320]  good a job i was doing defending myself okay and so they put in this a written in writing
[29:25.320 --> 29:31.840]  that i would agree to drop all civil litigation for my house they specifically wrote the address
[29:31.840 --> 29:38.960]  out and and they said and they also said i would agree not to sue jan zane they specifically
[29:38.960 --> 29:45.600]  wrote his name out you know that i can sue him oh no we're about to go to work that absolutely
[29:45.600 --> 29:53.160]  needs to go before grand jury absolutely randy helton rule our radio i call it number five
[29:53.160 --> 30:04.040]  one two six four six nineteen eighty four we'll be right back radio frequency microchips
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[32:53.960 --> 32:59.720]  seven four five or hill country home improvements dot com discounts are based on full roof replacement
[32:59.720 --> 33:07.200]  may not actually be kidding about chemtrails you're listening to the logos radio network
[33:07.200 --> 33:25.120]  at logo's radio network dot com yeah i got that one rent and i'm going to solve them
[33:25.120 --> 33:35.200]  to the government then process you then okay okay we are back brandy kelton we will allow
[33:35.200 --> 33:41.440]  radio and we're talking to ted in california and before we get back in to the content
[33:43.680 --> 33:46.240]  why are you saying monday is a holiday
[33:49.600 --> 33:57.200]  it is out here it's uh i forget which holiday but both the federal court and the state court
[33:57.200 --> 34:06.720]  are closed no no no okay be careful i just looked up bank holiday not there that's april
[34:06.720 --> 34:13.920]  fools day yeah but i'm not april fools in this okay i just want to be sure that somebody
[34:13.920 --> 34:22.000]  wasn't pulling a fast one here it's actually you'll love it it says these are chavez day
[34:22.000 --> 34:31.440]  oh so they see the chavez they put it on april fools day yeah i wonder if that was a political
[34:31.440 --> 34:38.400]  statement no i think yeah i think it was but you know i don't know how that happened out here
[34:38.400 --> 34:46.560]  in the communist controlled california but uh yeah the uh the right probably got in the real
[34:46.560 --> 34:55.440]  laugh out of that now maybe they're just trying to start a riot i don't know okay anyway i just
[34:55.440 --> 35:03.120]  wanted to make that comment before we went on okay so brandy it gets better because i already filed
[35:04.480 --> 35:10.480]  or attempted to file the criminal complaint against the deputy da that did that and remember
[35:10.480 --> 35:18.560]  those complaints have been secreted from the criminal grand jury and they that not make i
[35:18.560 --> 35:26.320]  got to check which one particularly uh remember one of the other deputy da's uh sent back a
[35:26.320 --> 35:31.840]  couple of my criminal complaints though they had opened the the registered mail that was
[35:31.840 --> 35:37.760]  addressed to the foreman of the criminal grand jury and had the audacity to tell me they'd done
[35:37.760 --> 35:43.040]  that in a letter and that they were sending it back to me because unlike the district attorney
[35:44.000 --> 35:50.000]  peons like me they didn't use peons they said that you know that the general
[35:50.880 --> 36:03.040]  peace population cannot address the criminal grand jury so you know this is why out here in
[36:03.040 --> 36:12.560]  california uh they're getting away with this stuff because they're the da the district attorney
[36:13.520 --> 36:21.280]  is in full control of the criminal grand jury and only he is talking to them and um
[36:22.080 --> 36:30.400]  they're trying to do that in every every state it's it's illegal everywhere but they all try
[36:30.400 --> 36:37.360]  to do it just nobody fights them nobody takes them on for it so the next complaint needs to be
[36:37.360 --> 36:49.200]  against those prosecutors accusing them of obstruction by secreting the criminal complaints
[36:49.200 --> 36:57.600]  from the grand jury and uh tampering the mail and i've got my mail tampering a complaint in
[36:57.600 --> 37:05.440]  i need to get a hold of the post office and ask them what the status is and remember if you uh i
[37:05.440 --> 37:12.720]  gave you a new tool for your toolbox that i on the last one i sent in i also insured it
[37:14.560 --> 37:22.240]  and so on top of being registered mail i also put insurance on top of it and i need to go forward
[37:22.240 --> 37:28.240]  with my insurance claim because you know when somebody's gotta start opening their wallet you
[37:28.240 --> 37:38.400]  know people i guess everybody's attention um but here's the kicker on this deputy da that put that
[37:39.040 --> 37:46.880]  extortion offer in writing uh after a hearing in the courthouse in the courthouse hallway
[37:46.880 --> 37:56.080]  i told him i brought it up and he snapped at me and said you know i withdrew that and if you bring
[37:56.080 --> 38:03.920]  that up again i'm going to file more charges on you oh wonderful and i had a witness
[38:06.160 --> 38:10.560]  oh wonderful get an affidavit on that that's witness tampering
[38:10.560 --> 38:15.920]  pretty straight up witness tampering
[38:18.880 --> 38:21.440]  these guys here in santa clara county
[38:23.120 --> 38:32.800]  have just destroyed everybody's lives that they chose to do it too and they've never had anybody
[38:34.320 --> 38:40.000]  there's other people out there fighting them and there's other people that have also been wronged
[38:40.000 --> 38:48.880]  like me and this da is abusing his office and wielding power he does not have and on your show
[38:48.880 --> 38:56.880]  last night you were spent a lot of time and i appreciate that you did uh on on uh recording
[38:56.880 --> 39:05.520]  in the courthouse and we have a lady here who was in the family courthouse in the records department
[39:05.520 --> 39:11.520]  and she was with a man who was looking up his case online and the deputies came in to uh
[39:12.400 --> 39:19.520]  intimidate him and and try to get him out of the courthouse and she turned on her phone and
[39:19.520 --> 39:26.960]  started filming it and the deputies immediately attacked her and broke her hand and um she's a
[39:26.960 --> 39:34.960]  reporter she's a publisher and uh she's very eloquent eloquent speaker and when it was on the
[39:34.960 --> 39:43.760]  news she did a fantastic job but this county uh they turned around and they hit her with like
[39:43.760 --> 39:49.040]  six charges and she's been fighting them ever since and that that was about that happened
[39:49.040 --> 39:56.880]  about a year and a half ago or so now and um she is part of a group that was out protesting in front
[39:56.880 --> 40:03.440]  of the courthouse and one man had a bullhorn um and of course you know they went out there and
[40:03.440 --> 40:12.800]  attacked him uh the presiding judge has written rules and and and and ordered this guy with a
[40:12.800 --> 40:20.880]  bullhorn to be arrested by the deputies uh the sheriff because he's gone around and made friends
[40:20.880 --> 40:30.160]  with everybody and acquaintances at least the sheriff declined to arrest him the sheriff
[40:30.160 --> 40:35.600]  actually what they wanted was they not only wanted him arrested they wanted him immediately
[40:35.600 --> 40:41.280]  transferred from the main jail out to uh this facility that they keep people more long term
[40:42.080 --> 40:48.080]  so they wanted him completely gone and buried and the sheriff refused to do it
[40:49.600 --> 40:56.240]  but that's a that's a good sign if they're that far out of control um we have methods for that
[40:56.240 --> 41:03.680]  you can't when they're that far out of control you need to fight them outside their jurisdiction
[41:06.240 --> 41:10.960]  so take them to another jurisdiction file against them and do it with a grand jury in
[41:10.960 --> 41:17.280]  another jurisdiction see how that works for them uh file with the attorney general and
[41:17.280 --> 41:22.320]  start going after the attorney general and the chief justice of the supreme he's a magistrate
[41:22.320 --> 41:30.080]  like everybody else give him the complaints and then accuse him of acting in concert
[41:30.080 --> 41:37.040]  and collusion with these guys bad behavior you got to get it out of their ballpark
[41:38.400 --> 41:45.120]  that's what i'm doing to these guys in tennessee yeah remember randy i i spent three years in
[41:45.120 --> 41:53.840]  clark'sville tennessee right off of airport road so you you know the area well i really i'm really
[41:53.840 --> 41:59.120]  not going after clark'sville uh i'm going after these guys but i wanted them to think that i really
[41:59.120 --> 42:05.920]  wasn't after them so that they would not feel like they had any leverage over me
[42:05.920 --> 42:12.480]  me how do you deal with someone who's using you as a as a crash dummy
[42:15.680 --> 42:23.280]  who don't care about you so here where you have these guys acting out have you filed with the feds
[42:25.680 --> 42:34.320]  that's we're getting up to that step and this writ of prohibition uh does get served on the
[42:34.320 --> 42:40.240]  attorney general it's a requirement well this woman who's the greatest broker hand that should go to
[42:40.240 --> 42:53.440]  the feds immediately recording public officials is a federal right it derives from the federal
[42:53.440 --> 42:59.360]  constitution as well as the state constitutions and you want to take the state to the fed
[42:59.360 --> 43:08.240]  i'll i'll relay that to her i already forwarded an email with the case site that you uh
[43:09.360 --> 43:16.640]  stated last night um but because you know these people need to be supported this
[43:17.280 --> 43:23.920]  this is this is somebody exercising their constitutional right we don't have a
[43:23.920 --> 43:30.960]  uh free press that uh is a watchdog anymore and have a call have a call in the show
[43:32.640 --> 43:39.200]  i'll i'll i'll suggest you do that yeah sure i definitely like to have her on the show
[43:40.000 --> 43:43.360]  okay hang on about to go to work this is randy kelton
[43:44.320 --> 43:51.600]  rule of law radio our call in number 5126461984 we've got some room on the board so if you
[43:51.600 --> 43:55.680]  have a question or comment give us a call we'll be right back
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[46:11.040 --> 46:30.400]  okay we are back randy kelton rule of law radio and we're talking to ted in california okay go
[46:30.400 --> 46:39.120]  ahead ted um definitely have this woman call in we have some things we she can do they broke her
[46:39.120 --> 46:44.880]  hand to prevent her from exercising a right they got a federal problem
[46:48.320 --> 46:58.160]  oh we can probably hear you better if i unmute you okay try that yes i don't have a producer
[46:58.160 --> 47:05.680]  here today so i'm having around the board and my system doesn't uh it's not quite as active on the
[47:05.680 --> 47:11.680]  board as my producer is so sometimes i click it it works sometimes it doesn't okay go ahead ted
[47:12.880 --> 47:21.360]  well randy you're doing a great job thank you i needed that i'm on now i'm going to spring my
[47:21.360 --> 47:33.920]  wrist pat myself on the back um you know i that's pretty much it because that's that's a whole truck
[47:33.920 --> 47:42.720]  load that we've covered and i just i need to get back to writing papers as uh you know nothing is
[47:42.720 --> 47:49.600]  before the course that you don't put on paper and writing and and have it properly filed and uh
[47:50.720 --> 47:58.080]  you know although in this petition one other thing i did say is that the uh well i think i read it
[47:58.080 --> 48:08.560]  that the judge he uh what he called prematurely denied the motion i hadn't given the oral
[48:08.560 --> 48:15.600]  presentation yet and so he effectively denied you in your right to petition the court for
[48:15.600 --> 48:25.680]  redress of grievance that's a that's a due process violation or i you would at least expect
[48:25.680 --> 48:32.800]  findings of fact and conclusions at law if he read the pleading and found that the pleading
[48:32.800 --> 48:39.680]  there was no way to get from the pleading to a ruling in your favor
[48:41.760 --> 48:49.520]  then he could summarily rule but to do that he would have to produce cause as to why he summarily
[48:49.520 --> 49:01.680]  ruled when they submit early rule that triggers a a due process requirement that they show
[49:03.360 --> 49:11.440]  findings of fact and conclusions at law because you have a due process right to have the judge
[49:11.440 --> 49:17.440]  determine the facts in accordance with the rules of evidence then apply the laws that comes to him
[49:17.440 --> 49:23.920]  to the facts in the case that's a due process right and he needs to to demonstrate that he granted
[49:23.920 --> 49:28.720]  due process if he doesn't it creates the presumption that he breached due process
[49:30.480 --> 49:36.240]  that makes sense yeah absolutely that's why i wrote it up that way and in the motion
[49:37.280 --> 49:43.600]  i asked for a written finding of fact and conclusion of law i also put in there that
[49:43.600 --> 49:53.680]  that i would in the pleading that right at the end of it if this this this motion is being brought
[49:54.640 --> 50:06.480]  with this pleading the entire court case record and oral and other presentation that will
[50:06.480 --> 50:14.640]  happen at the hearing so i put in the pleading that i intended to give oral presentation and
[50:14.640 --> 50:26.560]  an argument and uh so you know they can't say that i didn't i intend on it but the record will show
[50:27.440 --> 50:34.320]  that he cut me off and he didn't ask me if i was submitted or not and he he just
[50:34.320 --> 50:47.520]  you know he just he just ruled on it and i uh i think you know that i put it down as a
[50:50.800 --> 51:00.320]  constitutional violation i figured either first or sixth amendment constitutional violation
[51:00.320 --> 51:07.440]  but you're right it's due process you're you're right to petition the court for redress
[51:07.440 --> 51:15.360]  agreements i think that's in the 14th exactly i don't like to use the 14th amendment for other
[51:15.360 --> 51:25.280]  reasons but you're you're right and i should have had that in this petition uh the big
[51:25.280 --> 51:31.760]  stink here because it's very simple okay i'm submitting to the court that at the preliminary
[51:31.760 --> 51:41.040]  hearing a record was not created that any reasonable person could conclude that i should be held
[51:41.840 --> 51:50.080]  accountable for the charges and because the fact is they put nothing no testimony
[51:50.080 --> 52:00.640]  as to my guilt or innocence they made no statements whatsoever uh they were mostly talking about what
[52:00.640 --> 52:10.240]  those other people did uh they did submit into evidence the quits claim deed had issue but
[52:10.240 --> 52:15.840]  gave no testimony to it they submitted it with a series of five documents all at one time and
[52:15.840 --> 52:25.200]  then never gave any testimony to it at all so and then the other things i already cited
[52:27.520 --> 52:33.200]  i learned a few things it's funny when you know it's trial by fire it's it's interesting how fast
[52:33.200 --> 52:40.880]  you can learn when you're feeling the fire and you know i think also there's a higher power that
[52:40.880 --> 52:48.640]  just brings things to you sometimes uh digitally in in in the world today and i just found something
[52:48.640 --> 52:56.160]  that uh you know one of them is that a lawyer makes a huge mistake at the end of a preliminary
[52:56.160 --> 53:02.080]  hearing when the judge asks is there any affirmative defenses and if that lawyer doesn't come up with
[53:02.080 --> 53:11.200]  something he's not doing his job you know exactly and here you had uh clearly had affirmative
[53:11.200 --> 53:18.000]  defenses the primary affirmative defense at the allegation did not support a criminal act
[53:21.920 --> 53:26.000]  that's like charging me criminally for eating an ice cream cone
[53:26.000 --> 53:36.000]  it's filing a petition a quite title you know i mean a uh quit claim can't hurt anyone
[53:38.480 --> 53:44.080]  because it only transfers any existing claims there is no existing claim it transfers nothing
[53:46.960 --> 53:53.440]  so why they're even why do they even care about the the quit claim deed
[53:53.440 --> 53:59.120]  because i sued the judge and i was winning my house back
[54:04.480 --> 54:05.920]  well you may get it back yet
[54:09.680 --> 54:13.840]  because the guy who's got it can't do anything with it and it may come back to you yet
[54:14.880 --> 54:17.840]  okay let's move on i'm getting a bunch of callers
[54:17.840 --> 54:25.760]  thank you ted and keep us up to speed thank you randy
[54:26.560 --> 54:31.280]  okay now we're going to brian in california hello brian
[54:32.880 --> 54:38.560]  hi randy thanks for taking my call i uh called you a couple weeks ago concerning a traffic
[54:38.560 --> 54:46.720]  ticket that i got and i uh called you up and you gave me the advice of going to your website i
[54:46.720 --> 54:53.200]  believe it was uh traffic tickets dot com to download the form no traffic ticket dot website
[54:54.320 --> 55:02.480]  that website that's right so i downloaded the forms from there and uh you know change the uh
[55:03.600 --> 55:09.520]  change the number of the codes and stuff like that for california and then took it to the court
[55:09.520 --> 55:14.240]  and filed it in the clerk's office they didn't know what to do with it at first and they were running
[55:14.240 --> 55:18.560]  around about five of them were talking to each other trying to find what they're supposed to do
[55:18.560 --> 55:24.480]  with it because most people don't file any kind of request like that but uh eventually they took
[55:24.480 --> 55:32.000]  it gave me a receipt and said that it was going to be handed directly to a judge and a couple weeks
[55:32.000 --> 55:36.960]  went by and i never heard back from them and finally just the other day i got something in
[55:36.960 --> 55:47.440]  the mail saying that i've been scheduled to appear in court uh next week and um did it did it indicate
[55:47.440 --> 55:54.240]  why you were scheduled to appear in court it actually didn't accept the fact that it mentioned
[55:54.240 --> 56:00.320]  the case number it just says your matter has been placed on calendar and you must appear file an
[56:00.320 --> 56:09.760]  opposition and request for for clarification okay that there are a limit the court is limited
[56:09.760 --> 56:15.520]  in the reasons it can order you to come to court and you want to know which one of those reasons
[56:16.560 --> 56:26.240]  they are acting under in color and tell it my tang is getting tangled in texas the statute is 28.01
[56:26.240 --> 56:34.720]  on texas code of criminal procedure and it authorizes the court to order you to appear for an
[56:34.720 --> 56:45.200]  arraignment for a the one is an arraignment and the rest of them are all for different motion
[56:45.200 --> 56:54.160]  hearings that's it there's like 10 references to 10 10 different types of motions and that's it
[56:54.160 --> 57:01.040]  but so there is a limited number of things that can order you to come to court for i once called
[57:01.040 --> 57:07.040]  her judge when they ordered me to court and uh i came before the judge and i said drawner i have
[57:07.040 --> 57:12.800]  this uh notice to appear but it doesn't tell me why you want to tell me what i'm doing here well
[57:12.800 --> 57:19.440]  mr coxson we needed to find out if you had an attorney i said well 28.01 lists all the things
[57:19.440 --> 57:27.680]  you can call me to court for to see if i have an attorney's not one of them it got real intense
[57:27.680 --> 57:36.720]  in the court but you should definitely look at file a motion clarification look up the code in
[57:36.720 --> 57:50.320]  california uh just going to be in there the criminal procedure code okay and look under
[57:50.320 --> 57:57.920]  summons and be under the section for summons okay don't make don't make anything easy for them
[57:57.920 --> 58:15.680]  and if you okay in texas we have walker v packer that says that uh let me think make sure i get
[58:15.680 --> 58:21.440]  the right ones here we have one that says that that the judge has no discretion in property
[58:21.440 --> 58:29.200]  applying law of the facts or do so is it an abuse it's a abusive discretion but we have another one
[58:29.200 --> 58:40.800]  that says any any allegations in the in the live pleadings not opposed are granted judicial admission
[58:41.600 --> 58:45.840]  hang on back to go to break randy helton wills our radio we'll be right back
[58:45.840 --> 58:54.000]  okay would you like to make more definite progress in your walk with god
[58:54.000 --> 59:00.080]  bibles for america is offering a free study bible and a set of free christian books that can really
[59:00.080 --> 59:05.280]  help the new testament recovery version is one of the most comprehensive study bibles available
[59:05.280 --> 59:10.800]  today it's an accurate translation and it contains thousands of footnotes that will help you to know
[59:10.800 --> 59:16.960]  god and to know the meaning of life the free books are a three-volume set called basic elements of
[59:16.960 --> 59:22.960]  the christian life chapter by chapter basic elements of the christian life clearly presents god's plan
[59:22.960 --> 59:29.440]  of salvation growing in christ and how to build up the church to order your free new testament
[59:29.440 --> 59:40.400]  recovery version and basic elements of the christian life call bibles for america toll free at 888-551-0102
[59:40.400 --> 59:54.800]  that's 888-551-0102 or visit us online at bfa.org live free speech radio logosradionetwork.com
[01:00:00.480 --> 01:00:04.320]  the falling just flashes brought to you by the low start of low down
[01:00:04.320 --> 01:00:12.400]  providing the jelly bulletins for the commodity market today in history news updates and the
[01:00:12.400 --> 01:00:24.000]  inside scoop into the tides of the alternative markets for was a the 6th of february 2019 open
[01:00:24.000 --> 01:00:31.280]  with gold at $1,313 and 70 cents an ounce silver $15 and 77 cents an ounce copper $2 and 83 cents an
[01:00:31.280 --> 01:00:38.160]  ounce oil texas crude $3 and 66 cents a barrel brand crude $61 and 98 cents a barrel and cryptos in
[01:00:38.160 --> 01:00:48.000]  order of market capitalization big coin $3,401.64 ripple xrp 29 cents ethereum $103 and eos is at
[01:00:48.000 --> 01:00:58.880]  $2 and 32 cents of crypto coin history the year 1918 british women over the age of 30 who meet
[01:00:58.880 --> 01:01:03.600]  minimum property qualifications get the right to vote when the representation of the people act
[01:01:03.600 --> 01:01:11.280]  of 1918 was passed by parliament today in history in recent news several texas-based
[01:01:11.280 --> 01:01:15.600]  organizations found a lawsuit today requesting that a federal court stopped the state from
[01:01:15.600 --> 01:01:20.160]  flagging about 95 000 people is potentially illegally registered to vote the list was
[01:01:20.160 --> 01:01:25.360]  compiled after an 11 month long investigation by the office of the texas secretary of state
[01:01:25.360 --> 01:01:30.000]  and the texas department of public safety which sought to identify non-us citizens
[01:01:30.000 --> 01:01:35.200]  who were registered to vote when obtaining a garbage license over half of the 95 000
[01:01:35.200 --> 01:01:40.000]  did indeed vote it seems however further controversy was raised when it became clear
[01:01:40.000 --> 01:01:45.280]  that some of the names were not in fact belonging to those who were non-citizens and registered
[01:01:45.280 --> 01:01:50.480]  apparently around 25 of all latino immigrants become naturalized gaining the right to vote
[01:01:50.480 --> 01:01:55.200]  registered voters who receive letters querying their citizenship have 30 days to respond
[01:01:55.200 --> 01:02:00.320]  with proof of eligibility texas attorney general ken paxton and david witley the texas secretary
[01:02:00.320 --> 01:02:05.600]  of state have yet to officially comment regarding this list and any updates pertaining to it
[01:02:08.880 --> 01:02:14.400]  a texas man of only 24 years old william brown died from a severed artery in his neck after
[01:02:14.400 --> 01:02:18.800]  a vape pen exploded while he was using it it apparently happened in the parking lot of the
[01:02:18.800 --> 01:02:23.200]  vape shop where he got it an x-ray revealed that a piece of metal was embedded in his
[01:02:23.200 --> 01:02:31.440]  brainstem the vape store smoke and vape dz has refused to comment first edition anchor woman
[01:02:31.440 --> 01:02:36.720]  christin diaz interviewed acelyn campbell the executive director of grow local south texas
[01:02:36.720 --> 01:02:41.280]  concerning the upcoming texas organic farmers and gardeners association conference which will
[01:02:41.280 --> 01:02:47.600]  be taken place at the corpus christi omni hotel from february 14th to 16th 6 to 9 p.m. you can
[01:02:47.600 --> 01:02:58.000]  find the interview at kii tv dot com this was rick roadie with your lowdown for February 6th 2019
[01:03:05.280 --> 01:03:08.720]  it's all according to the well of the almighty
[01:03:08.720 --> 01:03:17.120]  me
[01:03:21.280 --> 01:03:31.120]  okay we are back brandy helton rule of law radio on this Friday the 29th day of march 2019 and
[01:03:31.120 --> 01:03:38.080]  we're talking to brian in california and over the break i found what i was looking for at least
[01:03:38.080 --> 01:03:49.440]  one of the cases i was looking for in houston first american savings versus musak out of houston
[01:03:50.400 --> 01:03:58.400]  assertions of fact not pled in the alternative in the live pleadings of a party are regarded as
[01:03:58.400 --> 01:04:04.560]  formal judicial admissions and in one of these pleadings i have some more case law that says that
[01:04:04.560 --> 01:04:14.000]  a issue not argued in that not responded to in the pleadings cannot be argued in court
[01:04:16.080 --> 01:04:26.320]  so you're looking at being ordered to court and the issues in your pleadings have not been
[01:04:26.320 --> 01:04:34.960]  responded to by the prosecution so you can maintain that all your accusations amount to judicial
[01:04:34.960 --> 01:04:44.960]  admission and demand summary judgment wow oh yeah okay you're not by me does that sound like fun
[01:04:46.560 --> 01:04:53.200]  yes it does actually how do i go about filing that send me an email asking for it i will
[01:04:53.200 --> 01:05:04.320]  send you the case and the citation so you can take these assertions of fact not pled in the
[01:05:04.320 --> 01:05:10.640]  alternative take that and run it in california now i'm in tennessee if i run it in tennessee i'll
[01:05:10.640 --> 01:05:17.840]  get tennessee hits that's part of the difficulty of looking in other places so run it there and see
[01:05:17.840 --> 01:05:24.880]  what you see if you get some hits in california on that string so you can find california law
[01:05:27.520 --> 01:05:32.080]  that reflects this it almost certainly this is going to be in california law
[01:05:33.760 --> 01:05:40.640]  right but don't give them fair warning wait till you get in court with no responses and when they
[01:05:40.640 --> 01:05:49.360]  try to argue the issue then you object then bring in the fact that they gave judicial admission by
[01:05:49.360 --> 01:05:56.640]  not answering and the prosecutor is going to say well we're not required to answer that's right
[01:05:56.640 --> 01:06:11.680]  you're not and you can shoot yourself in the foot if you want to it's all left totally up to you
[01:06:11.680 --> 01:06:17.760]  request for clarification in addition to that yes request for clarification don't but don't
[01:06:17.760 --> 01:06:23.360]  tell them about not filing you know not filing an answer don't even bring that up until you get in
[01:06:23.360 --> 01:06:31.680]  court and have your case law ready so when they try to argue against your motion object
[01:06:32.400 --> 01:06:36.880]  and allege that they are subject to collateral stop all
[01:06:39.200 --> 01:06:47.840]  okay because they are collateralally stopped from arguing this issue because they've already
[01:06:47.840 --> 01:07:01.040]  admitted this issue okay um where where would i find a list of valid reasons they can order me
[01:07:01.040 --> 01:07:08.000]  into court if they if they respond it was something how do i that's going to be in in the california
[01:07:08.000 --> 01:07:21.440]  a criminal procedure code um let me look up 28 28 is the one in texas
[01:07:21.440 --> 01:07:34.240]  is what i'm going to look up is the title of it
[01:07:39.520 --> 01:07:45.440]  okay i'm not good at multitasking i can't talk and type at the same time okay
[01:07:45.440 --> 01:07:57.520]  okay motions and pleadings pretrial okay this is pretrial is the title the court may set any
[01:07:57.520 --> 01:08:04.400]  criminal case for a pretrial hearing and that's what this is so look in california
[01:08:04.400 --> 01:08:17.840]  a criminal procedure pretrial okay that should get it future okay i'm good okay got anything else for
[01:08:17.840 --> 01:08:21.760]  us previous caller the previous caller mentioned the courts are closed on monday but i guess i'll
[01:08:21.760 --> 01:08:28.000]  be filing it on tuesday then i'll get everything ready by then okay all right thanks a lot i
[01:08:28.000 --> 01:08:35.280]  appreciate it thank you brian okay now we're going to john in new york john it's been a while
[01:08:36.320 --> 01:08:44.000]  we haven't talked to you since last night well i'll be i'll be quick i just i've always wondered
[01:08:44.000 --> 01:08:51.280]  there's a couple of things i've always wanted and that is one time i was driving on a small
[01:08:51.280 --> 01:08:58.160]  a small highway between one town and the other and i had someone else's vehicle and the police stopped
[01:08:58.160 --> 01:09:04.400]  me and they said we had a report that someone was swerving on this route and where we've stopped
[01:09:04.400 --> 01:09:10.000]  you because i asked them why they stopped me because i never speed and i i always use my
[01:09:10.000 --> 01:09:15.280]  signals and stop at stop lights well you know we had a report that there was a vehicle matching
[01:09:15.280 --> 01:09:24.160]  this description that was swerving on the highway and so they gave me i have never consumed as much
[01:09:24.160 --> 01:09:32.320]  as a symbol full of alcohol in my entire life and that is a fat anyway so they gave me a what
[01:09:32.320 --> 01:09:39.440]  do they call it a road test their sobriety test and i looked at his pen running back and forth
[01:09:39.440 --> 01:09:46.800]  and i walked i walked the line like it's never been walked before anyway now comment on the
[01:09:46.800 --> 01:09:53.680]  violations to my rights because i'm sure that they had to have seen me swerving could they
[01:09:53.680 --> 01:10:02.640]  ask what the code says everywhere they must personally see or hear the offense being committed
[01:10:02.640 --> 01:10:06.880]  if it's not a felony this is consistent across every state i've ever looked at
[01:10:06.880 --> 01:10:11.520]  that so you know i can't say every single state because i haven't looked at every single state
[01:10:12.080 --> 01:10:19.440]  but everyone i've ever looked at is the same as the model penal code and criminal procedure code
[01:10:19.440 --> 01:10:27.680]  that says that an officer can arrest someone for a misdemeanor that is committed within his
[01:10:27.680 --> 01:10:38.240]  sight within his hearings or for a felony that has been reported and there is a possibility
[01:10:38.240 --> 01:10:50.000]  that the accused will escape custody so that is not absolutely clear so well let's go back to the
[01:10:50.000 --> 01:10:55.920]  traffic infection then we'll talk about the felony but i'm more interested in the way they love to
[01:10:55.920 --> 01:11:02.480]  violate your right 16 different ways to tuesday so basically they it's what i thought that they
[01:11:02.480 --> 01:11:09.520]  have to actually see quote the offense unquote or the alleged offense being committed by me
[01:11:10.400 --> 01:11:15.760]  they can't take somebody else's word for it if it's a traffic violation so now you charge them
[01:11:15.760 --> 01:11:22.960]  with aggravated assault because they've approached me with guns is that it is that the idea exactly
[01:11:22.960 --> 01:11:29.440]  on it so aggregate is it first degree aggravated assault or just aggravated assault just aggravated
[01:11:29.440 --> 01:11:36.560]  it'd be second degree uh texas is the only one that i know of that makes it first degree oh okay so
[01:11:36.560 --> 01:11:43.040]  let's see uh let's see if i get this right uh first of all they have to see they're wait a minute
[01:11:44.080 --> 01:11:50.880]  okay first of all they have to see the offense the alleged offense being committed and if they
[01:11:50.880 --> 01:11:58.320]  don't then they've got no probable cause to stop me am i right right okay so they're outside scope
[01:12:00.160 --> 01:12:05.680]  it's called outside scope they have no authority to do what they're doing that's outside the scope
[01:12:05.680 --> 01:12:11.680]  with their employment well i see i got it okay so first they have to actually see the alleged offense
[01:12:11.680 --> 01:12:22.560]  and secondly um what was the second part of that so oh uh that would be it would have to be a misdemeanor
[01:12:25.120 --> 01:12:29.840]  okay in other words the traffic infection that traffic is misdemeanor it goes all
[01:12:29.840 --> 01:12:35.440]  the way up to class a misdemeanor they would have to to have seen it down because the felony
[01:12:35.440 --> 01:12:44.320]  they can arrest for an offense they haven't seen like a guy runs around the house and say i just saw
[01:12:44.320 --> 01:12:53.600]  this big tall white ballheaded guy shoot somebody in the alley and there he is they can go arrest that
[01:12:53.600 --> 01:13:04.240]  guy okay but if they say i just saw some big tall ball guy snap somebody in the face or spit in their
[01:13:04.240 --> 01:13:12.480]  eye and he takes that's him or you can't arrest him for that right okay so basically that's the
[01:13:12.480 --> 01:13:18.960]  violation and what are the different charges i can charge them with i heard you say first degree or
[01:13:18.960 --> 01:13:25.360]  not first degree but aggravated assault with a deadly weapon yes simple assault
[01:13:26.400 --> 01:13:32.240]  with the deadly while permanently displaying a deadly weapon say that again say that again
[01:13:32.240 --> 01:13:39.760]  they committed assault by seizing you at your liberty and they did so while
[01:13:39.760 --> 01:13:48.720]  prominently displaying a deadly weapon got it okay and um any other charges that they're guilty of
[01:13:48.720 --> 01:13:53.440]  that i could have them charged with you always have a fisherman's conduct
[01:13:54.800 --> 01:13:59.760]  okay that's that's kind of a catch-all exerting important to exert authority to join express
[01:13:59.760 --> 01:14:09.280]  to have or failing form a duty they're required to perform uh-huh in this case it was exerting
[01:14:11.280 --> 01:14:13.520]  okay anything else trick they can be charged with
[01:14:15.440 --> 01:14:22.000]  oh not that i can take a off hand unless they did something else in the process if you charge
[01:14:22.000 --> 01:14:28.560]  everything you can possibly imagine they call it stacking they call it what stagnant
[01:14:28.560 --> 01:14:38.000]  stacking oh yeah please do that sometimes and they get uh sometimes they they the court
[01:14:38.000 --> 01:14:45.920]  accept it but you can always you claim that it's stacking that where you have one set of behaviors
[01:14:47.200 --> 01:14:55.760]  you can generally only charge one crime like pulling you over you can charge them with
[01:14:55.760 --> 01:15:01.520]  efficient with conduct or you can charge them with uh filling the assault you can charge them with
[01:15:01.520 --> 01:15:10.240]  both because both both of the charges are wise out of the same fact set so i would only be able
[01:15:10.240 --> 01:15:17.120]  to charge them in my situation with one thing is that correct yes which would you charge them
[01:15:17.120 --> 01:15:23.280]  with the assault with a deadly weapon well one explain the deadly weapon yeah okay now
[01:15:23.280 --> 01:15:31.120]  i got another question and this applies to dwi checkpoints and cpo checkpoints i think they
[01:15:31.120 --> 01:15:37.840]  are definitely unconstitutional the legislature according to one attorney told me that they passed
[01:15:37.840 --> 01:15:49.040]  a law uh-huh that says that they're okay and that that minimal amount of uh interfere how much the
[01:15:49.040 --> 01:15:58.240]  word uh they're they're annoying you what's that word um a minimum amount of um inconvenience
[01:15:59.360 --> 01:16:04.000]  yeah that minimum amount of inconvenience is far outweighed by the greater good they're doing
[01:16:04.000 --> 01:16:11.040]  something noble it's okay for them to violate your law or violate your rules so hold on no
[01:16:11.040 --> 01:16:21.040]  technically um if they stop everyone then they're technically not violating your rights they're only
[01:16:21.040 --> 01:16:28.960]  violating your rights if they uh select people they profile they pick the ones they want to stop
[01:16:29.520 --> 01:16:37.680]  and of course it's consistently held that uh if they stop everybody then well actually i said
[01:16:37.680 --> 01:16:47.600]  they've consistently held no they haven't this thing of dwi stops and they do it a while it's
[01:16:47.600 --> 01:16:56.480]  been repeatedly ruled unconstitutional so depends on what the state of the rule is at the time this
[01:16:56.480 --> 01:17:04.560]  occurs well i say are you being harassed by debt collectors with phone calls letters or even losses
[01:17:04.560 --> 01:17:10.960]  stop debt collectors now with the michael mirris proven method michael mirris has won six cases in
[01:17:10.960 --> 01:17:16.240]  federal court against debt collectors and now you can win too you'll get step by step instructions
[01:17:16.240 --> 01:17:21.520]  in plain english on how to win in court using federal civil rights statute what to do when
[01:17:21.520 --> 01:17:26.800]  contacted by phone mail or court summons how to answer letters and phone calls how to get
[01:17:26.800 --> 01:17:32.240]  debt collectors out of your credit report how to turn the financial tables on them and make them pay
[01:17:32.240 --> 01:17:38.480]  you to go away the michael mirris proven method is the solution for how to stop debt collectors
[01:17:38.480 --> 01:17:43.680]  personal consultation is available as well for more information please visit rule of law radio
[01:17:43.680 --> 01:17:49.280]  dot com and click on the blue michael mirris banner or email michael mirris at yahoo dot com
[01:17:49.280 --> 01:17:57.120]  that's rule of law radio dot com or email m i c h a e l m i r r a s at yahoo dot com
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[01:19:03.200 --> 01:19:06.720]  the logos radio network
[01:19:15.120 --> 01:19:16.720]  ain't gonna fly me
[01:19:16.720 --> 01:19:21.920]  me
[01:19:34.480 --> 01:19:40.960]  okay we are back randy chilton rules on radio and john you ran off the cliff
[01:19:40.960 --> 01:19:46.800]  yes i did i'm gonna have to tell everyone that john ran off the cliff i didn't she always
[01:19:46.800 --> 01:19:53.680]  blamed me for it i'm not i'm not proud of it uh it wasn't pretty it wasn't pretty but i ran off
[01:19:53.680 --> 01:20:02.160]  the cliff you ought to be ashamed okay this is a guy thing guys never take responsibility for
[01:20:02.160 --> 01:20:10.320]  their bad behavior okay i was gonna look at the clock okay where were we when we were diving off
[01:20:10.320 --> 01:20:16.080]  the cliff okay you said that as long as they stop everyone it's not a violation of rights
[01:20:16.080 --> 01:20:24.560]  but i thought they had to have probable cause to stop you well they if they what the courts have
[01:20:24.560 --> 01:20:30.960]  said is if they stop everybody then they're not violating anybody's rights but then
[01:20:31.920 --> 01:20:39.840]  they keep going back and forth on that it's like the red light cameras red light cameras are
[01:20:39.840 --> 01:20:49.120]  patently legal oh yeah but they come in and put them in and it takes a while to get them forced to
[01:20:49.120 --> 01:20:55.120]  take them out and by then they've they made a whole lot of money and nobody's taking them to task
[01:20:55.120 --> 01:21:02.800]  for it so on the surface yes it appears they are stopping people without probable cause
[01:21:02.800 --> 01:21:14.880]  yes they are but it depends on what the state of the law is at the time if the law at the
[01:21:14.880 --> 01:21:23.920]  time says they can do it then you can challenge the law is unconstitutional but not the action
[01:21:24.800 --> 01:21:32.400]  as as being a violation you can't go after the ones who did it because the law now says they
[01:21:32.400 --> 01:21:37.840]  can then they're acting within scope ah okay so you got to go after the law that makes sense
[01:21:39.680 --> 01:21:46.560]  all right so what it put us down to like border patrol like where you are in texas you go a little
[01:21:46.560 --> 01:21:53.040]  bit further you go towards mexico and they've stopped people they 50 to 100 miles from the border
[01:21:53.040 --> 01:22:00.640]  and ask them if they're u.s citizen and you know they generally have i have never been stopped by
[01:22:00.640 --> 01:22:10.720]  border patrol uh other than at a they have stations along the highway you have to pull into but they
[01:22:10.720 --> 01:22:20.560]  pull over everybody if they say are you an american citizen and you clam up do you have to and now
[01:22:20.560 --> 01:22:26.880]  you can always invoke your sixth amendment but they don't care about the rights i mean it's pretty
[01:22:26.880 --> 01:22:36.080]  obvious yeah well in in that's this case uh you can exercise your right to remain silent
[01:22:37.120 --> 01:22:45.520]  but then the border patrol is given a certain amount of latitude in order to further the intent
[01:22:45.520 --> 01:22:59.840]  of the immigration legislation okay now if if you're white as a ghost and you got to blonde hair
[01:22:59.840 --> 01:23:08.000]  and blue eyes well you could be an illegal german immigrant or a scandinavian immigrant who's
[01:23:08.000 --> 01:23:22.000]  just somehow in mexico crashing the border uh generally they don't uh they don't mess with
[01:23:22.960 --> 01:23:31.760]  Caucasians like because if they keep messing with the locals the locals are going to get real
[01:23:31.760 --> 01:23:41.360]  unhappy and make their lives miserable uh whether this constitutional or not i don't know
[01:23:43.440 --> 01:23:47.920]  so what are you how do you how would you handle it when you know i don't like to have my rights
[01:23:47.920 --> 01:23:54.000]  i've had my rights handled on many times and i'm the type of person that will never i've never
[01:23:54.000 --> 01:23:59.280]  been arrested for anything nobody's even thought of arresting me for anything and if they did it
[01:23:59.280 --> 01:24:05.440]  would have to be something awfully made up and trumped up so i've i've been there
[01:24:08.240 --> 01:24:12.880]  okay so i poked about a little bit but i was arrested improperly illegally
[01:24:14.640 --> 01:24:18.080]  actually every time but once
[01:24:20.720 --> 01:24:27.200]  but it wasn't my fault there was a a hole in the road right in a sharp corner and i had to
[01:24:27.200 --> 01:24:31.440]  move out to keep from hitting that hole in the road and this cop coming in the other direction
[01:24:32.000 --> 01:24:36.960]  he thought i wasn't going to pull back and he kind of run off the road out into a field sort of
[01:24:39.040 --> 01:24:42.000]  this was in miami when i was in military
[01:24:45.280 --> 01:24:49.360]  but that was the only one the rest of them i was innocent to driven snow
[01:24:51.200 --> 01:24:55.760]  i just expressed my rights and demanded them and sometimes i picked fights with them
[01:24:55.760 --> 01:25:03.840]  and wilmson county when i asked on the district the the investigator for the district attorney
[01:25:03.840 --> 01:25:11.040]  to arrest his boss well they got excited about that and then i asked him to arrest the district judge
[01:25:11.040 --> 01:25:18.160]  and that's when they sent some knuckle-draggers in there to arrest me instead i've had a few of
[01:25:18.160 --> 01:25:23.920]  those and no i don't like it you have to know that's what the show is about but there are some
[01:25:23.920 --> 01:25:32.160]  some things that fights i don't pick border patrol i don't pick that one
[01:25:33.920 --> 01:25:46.960]  mainly because i don't understand the limits of border patrol i don't understand how my rights
[01:25:46.960 --> 01:25:59.680]  may be mitigated because of the immigration situation if the officer can have reasonable
[01:25:59.680 --> 01:26:07.680]  probable cause to believe that i am an illegal immigrant then he's within his rights to stop
[01:26:07.680 --> 01:26:19.440]  questioning but it has to be articulate he has to be able to articulate it a general stop where
[01:26:19.440 --> 01:26:30.480]  everybody has to come through and to their credit they make that as little inconvenience as possible
[01:26:30.480 --> 01:26:38.160]  they got people on both sides with a magnify with mirrors where they can look under the car
[01:26:38.160 --> 01:26:43.200]  and they they don't even do that to cars if a car comes through they look in the car and if you're
[01:26:43.200 --> 01:26:54.240]  not uh mexican or a real dark complexed then uh they ask are you a citizen you're not yes they
[01:26:54.240 --> 01:27:01.680]  go so all you really do is slow down but if they ask you to pull over you don't and they are they
[01:27:03.040 --> 01:27:08.560]  consider that probable cause if not but they're going to consider it probable cause and
[01:27:10.400 --> 01:27:16.160]  okay maybe that's not exactly legal but i don't fight that fight
[01:27:16.160 --> 01:27:23.680]  so you just you just answer them and you're on your way yeah do you why is different do you
[01:27:23.680 --> 01:27:32.000]  why is humiliating and i'll get real excited about that yeah and i i have a tendency when
[01:27:32.000 --> 01:27:38.400]  somebody's sibling my rights i get really upset and let me tell you something to the point where
[01:27:38.400 --> 01:27:46.000]  that somebody's going to be on the ground and that's that yeah that's going to be you trust me been
[01:27:46.000 --> 01:27:55.840]  there well i don't think so and three dislocated ribs two broken collar bones chip devil the tooth
[01:27:55.840 --> 01:28:03.520]  knocked out uh what was your background in martial arts i took martial arts when i was in vietnam
[01:28:03.520 --> 01:28:16.080]  and i got too yellow or something but i finally decided why would i go down to this dojo and pay
[01:28:16.080 --> 01:28:21.280]  these guys to beat the crap out of me when i could go down to the air must glove and get it done for
[01:28:21.280 --> 01:28:31.040]  nothing well no no that's it no you don't want to do that either well no no you you you're talking
[01:28:31.040 --> 01:28:37.280]  about fighting taking knuckles to a gunfight that's worse than taking a knife to a gunfight
[01:28:38.320 --> 01:28:43.520]  well yes and no depends on your level of skill and that's all i'm going to say no no no on this
[01:28:43.520 --> 01:28:53.200]  show we don't go there it is never ever a good idea to take on a monster oh that is a monster
[01:28:53.200 --> 01:28:58.800]  remember good to put yourself in jeopardy never good i mean if there's a fight you learn the
[01:28:58.800 --> 01:29:03.440]  first rule of self defense you don't show up to work thank you first rule of self defense
[01:29:04.240 --> 01:29:11.040]  yeah again you know in combat first rule don't start a fight you can't finish that's right that's
[01:29:11.040 --> 01:29:19.120]  right yeah so fighting with the police is never ever a good idea well it's there's other ways to
[01:29:19.120 --> 01:29:24.560]  handle that they're really out if you know the law like you do sometimes the pen is mightier than the
[01:29:24.560 --> 01:29:34.480]  sword okay well using brute force against the police no matter how good you think you are is
[01:29:34.480 --> 01:29:41.520]  never ever a good idea because they will call in as much brute force as they need
[01:29:42.800 --> 01:29:48.320]  so no i know i know so i don't even like to to talk about that kind of thing it's just
[01:29:48.320 --> 01:29:57.200]  a really really bad idea even to think that way uh never do it that way never even let them
[01:29:57.760 --> 01:29:59.280]  know that you are annoyed
[01:30:02.720 --> 01:30:07.760]  a cup of joe may keep your eyes open during late night study sessions but that's not all it may
[01:30:07.760 --> 01:30:13.760]  be doing to your exhausted eyes i'm dr kathryn albrecht bad with some bad news about coffee
[01:30:13.760 --> 01:30:20.400]  and the health of your vision after this privacy is under attack when you give up data about yourself
[01:30:20.400 --> 01:30:25.440]  you'll never get it back again and once your privacy is gone you'll find your freedoms will
[01:30:25.440 --> 01:30:32.400]  start to vanish too so protect your rights say no to surveillance and keep your information to yourself
[01:30:32.400 --> 01:30:38.560]  privacy it's worth hanging on to this message is brought to you by startpage.com the private
[01:30:38.560 --> 01:30:46.480]  search engine alternative to google yahoo and ben start over with start page coffee's got lots
[01:30:46.480 --> 01:30:52.640]  of perks it lowers the risk of type 2 diabetes colon cancer gallstones and parkinson's disease
[01:30:52.640 --> 01:30:57.840]  but a new study shows drinking too much can increase your chances for something else
[01:30:57.840 --> 01:31:03.520]  glaucoma the second leading cause of blindness harvard researchers looked at decades of data
[01:31:03.520 --> 01:31:08.560]  from tens of thousands of people and found that adults who drank three or more cups of coffee a day
[01:31:08.560 --> 01:31:14.160]  were a third more likely to develop glaucoma a crippling disease that damages the optic nerve
[01:31:14.720 --> 01:31:20.000]  it's apparently not the caffeine the study found no link at all between glaucoma and other
[01:31:20.000 --> 01:31:26.240]  caffeinated beverages so in that case how about a spot of tea i'm dr kathryn albrecht for start
[01:31:26.240 --> 01:31:34.320]  page dot com the world's most private search engine this is building seven a 47 story skyscraper
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[01:31:49.200 --> 01:31:53.040]  i'm not a conspiracy theorist i'm a structural engineer i'm a new york city correction officer
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[01:32:13.360 --> 01:32:17.040]  among those rights are the right to travel freely from place to place the right to act in our own
[01:32:17.040 --> 01:32:21.440]  private capacity and most importantly the right to due process of law the traffic courts afford us
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[01:32:59.200 --> 01:33:15.120]  looking for some truth you found it logosradiotnetwork.com
[01:33:15.120 --> 01:33:30.480]  okay we are back randy kelton rule of law radio and we kind of sort of fell off the cliff that
[01:33:30.480 --> 01:33:38.800]  time okay john thank you very much for your help we know you're gonna see some good okay that's
[01:33:38.800 --> 01:33:45.920]  the fighting the police is a place i never want to go uh you know i told i told about at the beginning
[01:33:45.920 --> 01:33:54.880]  of the show uh what i was doing in tennessee uh they denied me access to a court they denied me
[01:33:54.880 --> 01:34:01.280]  in rights that i paid for and i paid heavy for and i don't like that one a little bit
[01:34:01.280 --> 01:34:10.320]  but i'm not going to fight them in a way that they can fight back
[01:34:14.880 --> 01:34:17.520]  i'm going to fight them in a way that they can't get at me
[01:34:18.960 --> 01:34:23.680]  now this this captain on the sheriff's department here really really did not like me
[01:34:23.680 --> 01:34:31.680]  and he did not like me because i didn't fight his fight when he asked me if i was a sovereign citizen
[01:34:33.280 --> 01:34:39.360]  instead of getting all indignant i treated him like he was idiot like he was ignorant
[01:34:40.800 --> 01:34:44.960]  well i said you understand that's a sovereign that's a contradiction of terms and
[01:34:44.960 --> 01:34:50.880]  he just stood there and looked at me and then i saw i asked him tell me are you a jackbooty
[01:34:50.880 --> 01:35:01.280]  bug and the look on his face was priceless he had this look that said if i pull my pistol and shoot
[01:35:01.280 --> 01:35:10.000]  him can i get away with it and he actually followed me got in his car and followed me
[01:35:10.000 --> 01:35:15.840]  after when i left the court when i made the third turn and he was still behind me i stopped in the
[01:35:15.840 --> 01:35:22.240]  middle of an alleyway and went back and asked him if there was any you know when i walked back he was
[01:35:22.240 --> 01:35:28.480]  kind of taking a back and i said uh did you see anything hanging from my car i thought i heard
[01:35:28.480 --> 01:35:34.000]  something banging up and down under the car did you see anything under there no i didn't see anything
[01:35:34.720 --> 01:35:38.080]  oh oh i thought maybe you did i thought maybe that's why you were following me
[01:35:40.160 --> 01:35:44.400]  i'm not following you and i went and got in my car i turned one way this time he turned the other
[01:35:44.400 --> 01:35:50.560]  way he had followed me in three turns and this time he turned we circled a block and he turned
[01:35:50.560 --> 01:35:56.800]  back toward the courthouse so he was not happy nothing he did worked that works better for me
[01:35:58.960 --> 01:36:06.720]  yeah never getting a fight with him okay thank you john thank you very much okay now we're going to
[01:36:06.720 --> 01:36:15.920]  go to sered in california and uh we have room on our call board our call in number 5126461984
[01:36:16.560 --> 01:36:22.080]  so if you have a question or comment give us a call we'll be taking your calls all night okay
[01:36:24.160 --> 01:36:33.520]  sered am i pronouncing that right oh you're not unmuting there we go yeah i'm here okay
[01:36:33.520 --> 01:36:44.960]  hi there what do you have for us so yesterday we spoke about my filing for a default against the
[01:36:44.960 --> 01:36:52.240]  alleged plaintiff and the clerk refused to issue that to me even though they filed it
[01:36:52.240 --> 01:37:04.480]  and that they stated that i'm not an attorney and that i'm not uh i cannot dismiss uh alleged
[01:37:04.480 --> 01:37:13.600]  plaintiff's action i said well they have admitted by the stylus with the writ or that i send them
[01:37:14.320 --> 01:37:18.720]  that they do not exist otherwise the attorneys would have sent me a power attorney
[01:37:18.720 --> 01:37:30.480]  uh what wait a minute what is the code in california that authorizes the clerk to sign a default
[01:37:30.480 --> 01:37:47.280]  judgment uh the quote well i filed i still love the form cib 100 and that together with cib 100 i
[01:37:47.280 --> 01:37:56.480]  filed for an afaid david and a request to no no no you're you didn't say what duty does the clerk
[01:37:56.480 --> 01:38:03.440]  have in texas it's clear i don't i don't have it memorized but i can look it up if the clerk
[01:38:03.440 --> 01:38:14.800]  can look in the record and see that you have filed a motion or pleading and the law says the opposing
[01:38:14.800 --> 01:38:24.240]  party has say 30 days to respond they look at the date on your your filing look at today's date if
[01:38:24.240 --> 01:38:30.320]  it's in excess of 30 days they're authorized to sign a default and if they are authorized to sign
[01:38:30.320 --> 01:38:38.160]  the default you have a right to the default so if they don't sign the default they denied you in
[01:38:38.160 --> 01:38:47.040]  your right and that's how you get at them so you need the statute that authorizes the clerk to sign
[01:38:47.040 --> 01:39:02.160]  the default i actually filed for 10 motions which will be heard on echo the 8th of the 10 motions
[01:39:03.360 --> 01:39:11.280]  the other side only partly opposed to two motions and they haven't because the judge is so corrupt
[01:39:11.280 --> 01:39:20.480]  is the on board to explain for example wait wait a minute start that again we were talking about
[01:39:20.480 --> 01:39:29.760]  the default yes have you shifted to something else and no i haven't along those lines i was
[01:39:29.760 --> 01:39:38.240]  explaining that i have filed for 10 motions to be heard on a april the 8th uh in opposition to the
[01:39:38.240 --> 01:39:45.840]  10 motions which are pre-trial hearing because the trial will be heard on april the 29th one of
[01:39:45.840 --> 01:39:52.080]  those is a motion to dismiss and one of them is motion to strike the complaint among other motions
[01:39:52.720 --> 01:40:01.200]  motion to vacate void order etc etc do you have your motion for default judgment that the clerk
[01:40:01.200 --> 01:40:15.360]  would not sign do you have that filed so in here there's a cib 102 pages and you ask for a default
[01:40:15.360 --> 01:40:20.480]  attached to those are my affidavit okay wait wait a minute wait a minute it's kind of hard when
[01:40:20.480 --> 01:40:28.400]  you answer a different question than the one i asked the the clerk did not sign the default
[01:40:28.400 --> 01:40:31.920]  but did the clerk accept the default as a filing
[01:40:35.120 --> 01:40:43.120]  yes they stamped it but under my signature uh she has indicated that default not entered as
[01:40:43.120 --> 01:40:50.720]  requested okay that's that's good enough it is before the court so when you get to a next motion
[01:40:50.720 --> 01:41:00.000]  hearings you ask that the default be heard first because it's just dispositive
[01:41:03.280 --> 01:41:08.800]  okay if you if you get a positive reading on the default judgment everything else is moot
[01:41:08.800 --> 01:41:19.520]  the case is over so yes anything that would dispose of the whole case you do that first
[01:41:21.040 --> 01:41:24.720]  so after this default i asked the motion to dismiss to be heard
[01:41:25.760 --> 01:41:33.760]  yes well no no no you ask the court to grant default judgment
[01:41:33.760 --> 01:41:41.440]  where the the clerk had a duty to grant default judgment but did not
[01:41:42.320 --> 01:41:49.520]  so you ask the court to grant default judgment the default judgment here motion gets heard
[01:41:49.520 --> 01:41:53.760]  first because it's dispositive it disposes of everything
[01:41:53.760 --> 01:42:02.880]  okay and it should be automatic
[01:42:04.560 --> 01:42:12.320]  okay i am on thursday i filed this is another item on thursday i asked for
[01:42:12.960 --> 01:42:19.120]  disqualification of the judge with calls on friday which is today the judge
[01:42:19.120 --> 01:42:26.240]  uh strike that even though he has no jurisdiction because according to there's a specific code
[01:42:26.240 --> 01:42:34.000]  which is 170.3c5 where the judge it says specifically that the judge cannot strike
[01:42:34.720 --> 01:42:40.960]  the disqualification with cause and that either we have to agree on a judge or if we cannot agree
[01:42:41.680 --> 01:42:46.800]  the commission on judicial performance would assign a judge to hear that
[01:42:46.800 --> 01:42:54.960]  okay that's consistent with texas uh did you file criminal charges against the judge for
[01:42:55.920 --> 01:43:04.480]  um exerting or purporting to exert an authority hold off you file against the judge for impersonating
[01:43:05.280 --> 01:43:11.440]  in texas it's the head administrative judge of the district whoever the judge is who appoints
[01:43:11.440 --> 01:43:19.440]  the judge to hear the disqualification this judge impersonated that judge
[01:43:22.160 --> 01:43:25.040]  personating a public official in texas is a felony
[01:43:26.800 --> 01:43:34.400]  impersonating that judge okay i guess i actually am in the middle of preparing the criminal report
[01:43:34.400 --> 01:43:45.200]  and the personates in california constitutional law uh the judge um once you file for a criminal
[01:43:46.160 --> 01:43:53.440]  report against the judge the judge continues to receive his salary or her salary but um
[01:43:54.640 --> 01:44:02.560]  he cannot hear any other cases uh before adjudication through advances in technology our
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[01:45:56.480 --> 01:46:00.320]  or call toll free 866 law easy
[01:46:00.320 --> 01:46:18.640]  okay we are back randy kelton rule of law radio
[01:46:19.360 --> 01:46:26.320]  and we're talking to sarid in california okay we kind of ran off the cliff there
[01:46:26.320 --> 01:46:38.960]  so yes i like your idea of filing that in an affidavit in the judge impersonating a judge
[01:46:39.520 --> 01:46:46.560]  in violation of sponsor any point 365 so if you were me would you
[01:46:46.560 --> 01:46:56.400]  you chronologically pass this before pressing the other items because criminal charges are
[01:46:56.400 --> 01:47:05.600]  separate from civil you have a civil case going on if while a civil case is going on you're driving
[01:47:05.600 --> 01:47:12.640]  to work and you see somebody shoot somebody else right that has nothing to do with civil case you
[01:47:12.640 --> 01:47:21.760]  report it this you see the judge commit a crime that matter what crime it is if you have knowledge
[01:47:21.760 --> 01:47:29.120]  that someone committed a crime you have a duty to report it and because you have a duty to report it
[01:47:29.920 --> 01:47:40.240]  you are absolutely protected when you do report it in this country we want the public
[01:47:40.240 --> 01:47:48.560]  you know the police recognize their need for the assistance of the public in fighting crime
[01:47:50.160 --> 01:47:57.280]  so they want the public to report crime and therefore when a member of the public reports
[01:47:57.280 --> 01:48:04.720]  crime they become protected so that people don't have to be afraid of retribution for
[01:48:04.720 --> 01:48:12.640]  for reporting crime when you report a crime i generally say you have the same
[01:48:13.760 --> 01:48:20.080]  immunities and protections as that a judge does but actually you have a lot more
[01:48:22.240 --> 01:48:32.800]  you become taboo you can't be touched now when you when you report a crime anybody
[01:48:32.800 --> 01:48:40.320]  who does anything that you don't like you accuse whoever you reported
[01:48:41.040 --> 01:48:47.680]  of sending that person to do this to you now i like to to charge judges and a higher level judge
[01:48:47.680 --> 01:48:57.040]  the better i'm in the in the city i live in in texas i live right next to city hall and we have
[01:48:57.040 --> 01:49:01.680]  a fire ban on because we're in the middle of a drought which happens on occasion in texas
[01:49:01.680 --> 01:49:08.560]  and i'm using a little propane torch to do some plastic welding on a tank
[01:49:09.760 --> 01:49:15.600]  and this policeman who didn't know who i was came up and said sir sir and i said yes
[01:49:16.960 --> 01:49:24.240]  she said uh you can't use that uh you can't have that open plane and i held up the torch and i said
[01:49:24.240 --> 01:49:30.400]  of course i can look nothing to it i rotated it no no you don't understand we have a fire ban on
[01:49:30.400 --> 01:49:37.840]  well the county issues fire bans but they have no power to enforce them
[01:49:39.440 --> 01:49:42.320]  i knew that but i wasn't going to have that argument with this guy
[01:49:43.120 --> 01:49:48.240]  so but i told him that uh you know i'm working on hyper spray equipment i said see this equipment
[01:49:48.240 --> 01:49:53.360]  here i can outrun the fire department he said i understand sir but you can't have that open
[01:49:53.360 --> 01:50:02.800]  flame wait a minute you're just joking right this is a joke oh no sir i am not joking wait a minute
[01:50:03.840 --> 01:50:11.440]  that district judge john fostell sent you down here to harass me didn't he just because i filed
[01:50:11.440 --> 01:50:17.600]  one crummy little making a terroristic threat complained against him with the attorney general
[01:50:17.600 --> 01:50:25.200]  he sent you down here to harass me didn't he the policeman held up both hands with his palms out
[01:50:25.760 --> 01:50:32.880]  took a step back and said one moment sir took out his cell phone dialed it about 30 seconds
[01:50:32.880 --> 01:50:39.680]  your chief of police stepped out of city hall looked across at us and said randy what are you
[01:50:39.680 --> 01:50:48.960]  doing to my new officer i said oh tom i was just jerking his chain and the policeman said
[01:50:50.160 --> 01:50:55.120]  oh god i saw my whole career pass before my eyes
[01:50:57.440 --> 01:51:03.920]  everybody's terrified of these judges once you file criminal charges against the judge
[01:51:03.920 --> 01:51:11.920]  you have poisoned his well anything he does you don't like you can accuse him of retaliation
[01:51:15.200 --> 01:51:21.840]  now he's stuck they do they try to pull the same thing on you they want to say you're agitated
[01:51:21.840 --> 01:51:25.840]  once they say you're agitated then they can pretty well do anything you want to
[01:51:25.840 --> 01:51:35.200]  do that's why i tell people to to never give legal advice legal advice oh these are my rocks
[01:51:35.200 --> 01:51:40.880]  you're supposed to do this you're supposed to do that you do that and and instead of appreciating
[01:51:40.880 --> 01:51:46.640]  the legal advice they're going to accuse you of being agitated so never go mad at legal advice
[01:51:46.640 --> 01:51:55.120]  bushwhack is better you want to avoid them being able to poison your well while you're poisoning
[01:51:55.120 --> 01:52:03.040]  their well i went to the county i live in here in tennessee and filed criminal charges against a
[01:52:03.680 --> 01:52:15.120]  bailiff very technical criminal charges with the the district attorney if a policeman even pulls me
[01:52:15.120 --> 01:52:21.200]  over i'm going to accuse him of being sent by the sheriff's department to arrest me
[01:52:21.200 --> 01:52:29.120]  they're going to swear they didn't do it yeah tell it to grand jury i'm sure they'll pay attention
[01:52:29.120 --> 01:52:37.040]  to you and believe whatever word you say does that make sense to read yes yes i like your ideas
[01:52:37.760 --> 01:52:43.760]  and then in regards to the retaliation you would file the criminal complaint with
[01:52:43.760 --> 01:52:51.360]  uh do us attorney or with the federal grand jury witness tampering obstruction and you want to file
[01:52:51.360 --> 01:52:57.600]  this with the grand jury now you're in california and you actually have a good grand jury system in
[01:52:57.600 --> 01:53:03.600]  california and i went through i don't remember the statutes now but i've went through them in
[01:53:03.600 --> 01:53:13.600]  california and i found nothing to prevent you from approaching the grand jury for the purpose
[01:53:13.600 --> 01:53:23.200]  of giving the grand jury notice of crime now what the prosecutor's going to say is only the
[01:53:23.200 --> 01:53:35.360]  prosecuting attorney can present to the grand jury now he will use the term present as a
[01:53:35.360 --> 01:53:48.000]  he will use it vaguely he will use it to imply that present in this case means go to the grand
[01:53:48.000 --> 01:53:54.960]  jury and tell them something or go to the grand jury and give them a complaint present a complaint
[01:53:54.960 --> 01:54:04.560]  to them that's not what he means present in this case is a term of art and it specifically means
[01:54:04.560 --> 01:54:15.440]  in a grand jury session you present the facts of a case officially to the grand jury in quorum
[01:54:16.400 --> 01:54:24.640]  that's what present means in this context what you want to do is give notice to the grand jury
[01:54:24.640 --> 01:54:30.960]  that crime has been committed and then they can take your complaint give it to the grand jury
[01:54:30.960 --> 01:54:36.880]  give it to the foreman i'm sorry they can take your complaint and give it to the prosecuting
[01:54:36.880 --> 01:54:42.960]  attorney and ask the prosecutor to reduce the complaint to an information and then present
[01:54:42.960 --> 01:54:52.880]  the complaint formally to the grand jury but there is nothing in law that requires a presentment
[01:54:52.880 --> 01:55:02.800]  the grand jury is required to examine into all crimes subject to indictment that come to their
[01:55:02.800 --> 01:55:09.920]  knowledge in texas it says i don't remember oh emi board says in the california the grand jury
[01:55:09.920 --> 01:55:17.840]  shall investigate into all crimes subject to their to indictment that come to their knowledge
[01:55:17.840 --> 01:55:26.240]  by whatever means that's better than texas texas says the grand jury shall investigate into all
[01:55:26.240 --> 01:55:31.120]  crimes that come to their knowledge by way of any member of the grand jury the prosecuting attorney
[01:55:31.680 --> 01:55:45.440]  or any credible person california washington dc of the federal government and most other states
[01:55:45.440 --> 01:55:51.920]  say by whatever means by whatever means does not mean only the prosecuting attorney can give notice
[01:55:51.920 --> 01:56:01.120]  of crime to the grand jury anybody can in texas is more restrictive you have to be a credible person
[01:56:01.840 --> 01:56:08.640]  a credible person by definition is a person over 18 never convicted of a felony in california
[01:56:08.640 --> 01:56:20.000]  doesn't matter if you're convicted of a felony so if okay this is a a way that it's sometimes hard
[01:56:20.000 --> 01:56:27.760]  for people to wrap their head around we're accustomed to doing what we're allowed to do
[01:56:27.760 --> 01:56:41.600]  do that's wrong-headed we are citizens in this republic we can do anything we want to
[01:56:42.880 --> 01:56:51.200]  unless we have agreed with all of our other citizens of this republic that we would limit
[01:56:51.200 --> 01:57:00.240]  our behavior in certain specific ways and those limitations are codified into public law
[01:57:01.520 --> 01:57:12.080]  and published in statute so unless a statute specifically forbids you from doing a certain
[01:57:12.080 --> 01:57:24.800]  thing then you may do that thing public officials on the other hand may only do what the law specifically
[01:57:24.800 --> 01:57:35.360]  authorizes them to do see what they want to do is is push their restrictions on you
[01:57:35.360 --> 01:57:43.600]  you doesn't work so well they try to do that to me they get obstruction they get witness tampering
[01:57:44.240 --> 01:57:50.080]  they get official misconduct does that make sense to me
[01:57:51.360 --> 01:58:00.000]  yes another question granting uh how do you follow through your criminal reports
[01:58:00.000 --> 01:58:08.720]  oh that is such a good question and we're about to go to break and i can do about two hours on
[01:58:08.720 --> 01:58:14.880]  that easy we are out of callers uh if you have a question or comment give us a call if we don't
[01:58:14.880 --> 01:58:21.920]  get any more callers then i will go into this process i don't do it too often and i need to do
[01:58:21.920 --> 01:58:31.760]  it more often so you understand this is a whole process this will drive them crazy okay ready
[01:58:31.760 --> 01:58:39.680]  kelvin we'll radio a call in number five one two six four six 1984 we'll be right back
[01:58:39.680 --> 01:58:55.760]  the bible remains the most popular book in the world yet countless readers are frustrated
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