ROL_2019-08-30_16k_Hr1-2.timecode

[00:00.000 --> 00:06.740]  The following news flash is brought to you by The Lowest Star Lowdown.
[00:06.740 --> 00:15.440]  Markets for Monday 22 July 2019 Open with Precious Metals, Gold $1,429.00, Silver $16.45.00,
[00:15.440 --> 00:24.520]  Copper $2.75.00, Oil, Texas Crude $55.63.00, Brent Crude $62.47.00, and Cryptos and Order
[00:24.520 --> 00:37.160]  of Market Cap, Bitcoin Core $10,566.52, Ethereum $227.26, XRP Ripple $0.33, Litecoin $100.31,
[00:37.160 --> 00:42.520]  and Bitcoin Cash is at $324.10 of crypto coin.
[00:42.520 --> 00:52.400]  In history, the year 1916, the preparedness day bombing, a time suitcase bomb, was detonated
[00:52.400 --> 00:57.720]  on Market Street in San Francisco during the World War I preparedness day parade, killing
[00:57.720 --> 01:04.760]  10 and injuring 40 today in history.
[01:04.760 --> 01:09.760]  In recent news, since the Governor Greg Abbott signed House Bill 1325 legalizing HEPA to tax
[01:09.760 --> 01:14.360]  his law back in June, county prosecutors around the state, including Houston, Austin and San
[01:14.360 --> 01:18.800]  Antonio, have been dropping marijuana possession charges and even refusing to file new ones
[01:18.800 --> 01:22.800]  since they are stipulating that they do not have the time or the laboratory equipment to
[01:22.800 --> 01:24.760]  test the herb for THC.
[01:24.760 --> 01:28.400]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.400 --> 01:32.960]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:32.960 --> 01:33.960]  law.
[01:33.960 --> 01:37.560]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.560 --> 01:42.080]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.080 --> 01:48.240]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.240 --> 01:54.480]  well as other cities, too, like the District Attorney in El Paso, Cayma Esparza, a Democrat
[01:54.480 --> 01:58.960]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:58.960 --> 02:01.680]  prosecution of marijuana cases in El Paso.
[02:01.680 --> 02:06.720]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.720 --> 02:10.760]  in Harris County, who stated that, quote, the law is constantly changing on what makes
[02:10.760 --> 02:13.480]  something illegal based on its chemical makeup.
[02:13.480 --> 02:17.360]  It's important that if someone is charged with something, the test matches what they're
[02:17.360 --> 02:22.560]  charged with.
[02:22.560 --> 02:27.200]  A paper by Tulane University identified a five-and-a-half-inch American pocket shark
[02:27.200 --> 02:32.320]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.320 --> 02:38.000]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.000 --> 02:39.480]  Pacific Ocean.
[02:39.480 --> 02:43.760]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.760 --> 02:50.040]  its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[02:50.040 --> 03:16.040]  glow.
[03:16.040 --> 03:32.040]  A paper by Tulane University identified a five-and-a-half-inch American pocket shark as the first of its
[03:32.040 --> 03:43.040]  kind in the Gulf of Mexico, the second of its kind in the Gulf of Mexico, the third of its
[03:43.040 --> 03:50.400]  kind in the Gulf of Mexico.
[03:50.400 --> 03:52.780]  What you gonna do? Oh, what you gonna do
[03:52.780 --> 03:55.720]  If they come for you, bad boys, bad boys
[03:55.720 --> 03:58.460]  What you gonna do? Oh, what you gonna do
[03:58.500 --> 03:59.800]  When they come for you
[03:59.800 --> 04:01.440]  You choke it down that one
[04:01.440 --> 04:02.900]  You choke it down they wanna
[04:02.900 --> 04:03.980]  You choke it down your mother
[04:03.980 --> 04:05.600]  I'm your choke it down your father
[04:05.600 --> 04:06.420]  You choke it down your brother
[04:06.440 --> 04:08.240]  I'm your choke it down your sister
[04:08.240 --> 04:09.560]  You choke it down that one
[04:09.560 --> 04:10.720]  And you choke it down me
[04:10.720 --> 04:12.480]  Bad boys, bad boys
[04:12.480 --> 04:13.800]  What you gonna do?
[04:13.800 --> 04:14.860]  What you gonna do
[04:14.860 --> 04:16.100]  When they come for you
[04:16.100 --> 04:17.900]  Bad boys, bad boys
[04:17.900 --> 04:19.380]  What you gonna do?
[04:19.380 --> 04:22.020]  oh what's he gonna do when they come for you?
[04:22.020 --> 04:25.000]  bad boy, bad boy know what's he gonna do?
[04:25.000 --> 04:27.480]  oh what's he gonna do when they come for you?
[04:27.520 --> 04:30.420]  bad boy, bad boy know what's he gonna do?
[04:30.520 --> 04:33.140]  oh what's he gonna do when they come for you?
[04:33.240 --> 04:35.940]  nobody now gives you no breaks
[04:35.960 --> 04:37.860]  for me it's not gonna be a no break
[04:37.920 --> 04:40.720]  that's so jam on like giving no breaks
[04:40.720 --> 04:43.360]  not even your eyes are not gonna give ya no breaks
[04:43.360 --> 04:46.860]  hey, hey, bad boy, bad boy know what's he gonna do?
[04:46.860 --> 05:03.620]  Well, one, I want to encourage everybody that's got a camera or a cell phone camera to record
[05:03.620 --> 05:12.580]  your, for lack of a better word, your adventures with the police and courts and public officials.
[05:12.580 --> 05:20.340]  That's how you keep a mechanical. So you don't necessarily have to be what they term an activist
[05:20.340 --> 05:25.500]  or an auditor or a constitutional auditor. You're just a man or woman with a camera.
[05:25.500 --> 05:32.060]  And when you deal with the government, that's your record. And they can't rebut or dispute
[05:32.060 --> 05:39.580]  that record. And it makes them tight enough and act better. Maybe not perfect, but it's
[05:39.580 --> 05:47.180]  fine. Wait a minute. Wait a minute. Are you implying that government officials would misrepresent
[05:47.180 --> 05:58.580]  the truth? Absolutely. Absolutely. Brett's getting a little too tickled over here. Yeah.
[05:58.580 --> 06:05.900]  That could just never happen. I just, I just, you know, I'm trying to remember who the little
[06:05.900 --> 06:10.700]  kid was, but there used to be a little kid room run off the time and say, that's a fact,
[06:10.700 --> 06:21.220]  Jack. Oh, the black kid. That's the fact, Jack. And then I think, I think, let's see,
[06:21.220 --> 06:31.820]  who else was it? Oh, Si, on Duke Dynasty, Si Robinson. It's a, that's a fact, Jack.
[06:31.820 --> 06:40.500]  So he'd call everybody Jack. That was their name, you know? So now here's something else
[06:40.500 --> 06:51.180]  too. Police usually, as a rule, wear a name badge and a lot of public employees wear them,
[06:51.180 --> 06:56.740]  but they try to put them on a long necklace that goes down around their waist. And they
[06:56.740 --> 07:01.020]  don't do that by mistake. They're trying to keep their picture and their name and their
[07:01.020 --> 07:09.100]  position hidden. Okay. They don't wear it in a prominent place. So if you know their
[07:09.100 --> 07:22.260]  name from their name tag and you're very polite and you say officer Jenkins, Miss Jones, I'm
[07:22.260 --> 07:29.580]  trying to do my absolute best as a good man or a woman, not a person, a man or a woman
[07:29.580 --> 07:35.820]  in conducting my affairs with government. Government has business, I have affairs, not
[07:35.820 --> 07:40.900]  the way some people think, but in the affairs of church and the affairs of dealing with
[07:40.900 --> 07:49.340]  my servants, I'm trying to engage in an illegal, lawful, constitutional affair with you here
[07:49.340 --> 07:59.020]  in taking care of this issue. And you're seemingly, you're not accusing me of saying seemingly,
[07:59.020 --> 08:06.100]  being very cooperative with me. So you flipped the script from them telling you, you're not
[08:06.100 --> 08:12.500]  cooperative. Now you're telling them that they're not cooperative. And I have actually
[08:12.500 --> 08:20.540]  talked to some police officers that heard the show. They said, Jones, just this last
[08:20.540 --> 08:30.740]  week, Jones, that guy, Mr. Kelton, is stirring up a lot of doo-doo. I said, what do you mean?
[08:30.740 --> 08:36.980]  Well, he's saying that if a police officer is, quote, doing you wrong, or offering some
[08:36.980 --> 08:43.020]  violence and you call 911, they're gonna send another cop and I said, and they will. He
[08:43.020 --> 08:48.220]  said, that's true. But that puts us in a predicament. I said, exactly. So tell the
[08:48.220 --> 08:56.100]  bad cops to quit acting bad. You don't get 911 calls like that. So no, you need to dissuade
[08:56.100 --> 09:01.620]  him from that. I said, no, what I'm trying to do is get him a rocket ship where he can
[09:01.620 --> 09:07.100]  get a higher up in the atmosphere to let everybody know. Don't tell me that. That's not right.
[09:07.100 --> 09:15.180]  No, you're marking up the wrong tree. I can't tell you how good that is to hear that it
[09:15.180 --> 09:23.260]  really worries them that we could do that. And I think Brett knows it already from first
[09:23.260 --> 09:35.740]  hand experience. And so do I. That's when you get to see their chicken dance. Yep. Couldn't
[09:35.740 --> 09:45.340]  help it. Yeah, I really think it ain't just cops and it ain't just judges, but cops and
[09:45.340 --> 09:53.100]  judges being in the legal arena where they are, they're afraid and some people do this
[09:53.100 --> 10:01.020]  wrong. So I discourage this, but some people actually file liens against them and the courts
[10:01.020 --> 10:09.020]  have, or lack of a better word, found a way around that for the most part. In Texas, the
[10:09.020 --> 10:18.140]  legislature passed two statutes specifically for that. And I use it against them all the
[10:18.140 --> 10:25.180]  time. But I'm saying that they, let's put it this
[10:25.180 --> 10:31.340]  away. I knew a cop. Well, I shouldn't have known that's wrong. I knew of him and he was in a
[10:31.340 --> 10:38.860]  jurisdiction nearby. And he actually had, I believe, I know two, and I'm almost positive
[10:38.860 --> 10:45.340]  it was three lawsuits. They didn't file on the criminal side. They took civil action against
[10:45.340 --> 10:53.500]  a police officer who has a bizarre personality. He's not a criminal. He don't do bad things
[10:53.500 --> 11:00.860]  wrong, but he just don't have no people skills. And he sets people up and they perception equals
[11:00.860 --> 11:07.500]  reality. And so he had two or three ongoing lawsuits for them a two year period of time.
[11:08.060 --> 11:14.780]  And these lawsuits take forever and ever. And there's many reasons why, but here's the deal.
[11:14.780 --> 11:23.180]  In his particular case, he went to get a loan, a home loan. And he was told, well, we're not
[11:23.180 --> 11:30.300]  going to be able to help you. You got multiple lawsuits against you for a criminal misbehavior.
[11:31.180 --> 11:37.580]  And you're pretty dangerous. He tried to get another cop job somewhere else and nobody would
[11:37.580 --> 11:42.780]  touch him because of lawsuits. It goes the same for judges. If they got these lawsuits,
[11:42.780 --> 11:49.580]  they can't borrow money, their credit scores get affected some way. I'm not an expert on credit,
[11:49.580 --> 11:55.740]  but anyway, this guy wound up having to get a job driving a truck where he could be by itself
[11:55.740 --> 12:02.620]  and not around people most of the day. So, you know, he was one of them guys that
[12:03.820 --> 12:11.420]  had a world of potential and he was really smart. He just had to the chief or a sergeant or somebody
[12:11.420 --> 12:17.420]  need to take him aside and do some personality training with him where he didn't wind up like
[12:17.420 --> 12:25.580]  this. And I want to help police officers be peace officers and act correctly. And I want
[12:25.580 --> 12:30.700]  to have an encounter with a police officer every day of my life and I want to walk away
[12:30.700 --> 12:37.660]  with a good taste in my mouth and a good feeling. And I know other people want to do that too.
[12:37.660 --> 12:45.260]  So, we're trying to fix it and teach police to act within the scope of their authority.
[12:45.260 --> 12:49.740]  So, don't assume and presume anything. Oh, yep. Robert?
[12:52.300 --> 12:52.780]  No, I'm not.
[12:52.780 --> 13:17.820]  Okay. I didn't get a beat, but I'm going to assume we're on. Guys, I apologize about the
[13:17.820 --> 13:23.980]  archive on the beginning. We were having some problems getting everyone connected.
[13:25.340 --> 13:30.540]  I think we have everybody here. Now, this is Randy Kelton here with Brett Fountain.
[13:30.540 --> 13:40.380]  We have our radio on this Friday, the 30th day of August 2019. And we hope to have a couple more
[13:40.380 --> 13:49.340]  guests, Chief Jones and Stray Dog. Don't know Stray Dog's name, but Stray Dog is a first
[13:49.340 --> 13:55.740]  amendment auditor out of New Mexico. And a lot of times they don't use their names. They don't want
[13:55.740 --> 14:02.860]  these jurisdictions to actually know their name because they wind up getting in different databases
[14:02.860 --> 14:15.500]  where they get labeled ugly stuff like me, the, what is it, the Southern Poverty Law Center.
[14:16.220 --> 14:24.140]  They listed me as an enemy of the state. Yeah, they're going to hurt my feelings.
[14:24.140 --> 14:30.540]  Actually, I took that as a good thing.
[14:34.620 --> 14:37.260]  Definitely got the title of difficult people.
[14:38.620 --> 14:44.060]  Yeah, I've got that too. So I had a friend went to work for the Sheriff's Department and they
[14:44.060 --> 14:49.580]  give them a course. They went to jail and they give them a course first on how to deal with
[14:49.580 --> 14:58.700]  difficult people. And they use me as the example. Okay, pick it up, Brett. I got to take a call.
[14:58.700 --> 15:07.660]  I think I want to find out if we're actually on or not. Okay, I don't see any callers over here.
[15:11.100 --> 15:18.620]  All right. Well, let's see. I will give a little bit of information about what's been
[15:18.620 --> 15:24.940]  happening. Just a brief update on. Hold on. Hold on. We're not online. The archive is still up.
[15:25.740 --> 15:28.140]  Okay. As soon as it, when it goes to break,
[15:31.100 --> 15:36.780]  when I answered Tina's phone, I got, I got the archive. So,
[15:36.780 --> 15:46.460]  huh. Robert, how do we normally turn off the panic button?
[15:48.220 --> 15:53.500]  Hello, Tina. It looks like you have a caller now in Texas. Could you hear us live?
[15:55.980 --> 15:59.660]  Oh, okay. Can you hear us live now?
[15:59.660 --> 16:08.700]  You should hear an echo now. Okay. That'll tell us. Okay. That's what I needed. Thank you.
[16:09.660 --> 16:16.540]  Okay. We're live. Thanks to Tina. We know we're live. We had little guys who had a little problem
[16:16.540 --> 16:21.500]  coming on. Sometimes we have issues. But
[16:21.500 --> 16:27.020]  Is this ever getting connected? What he means is Randy's having trouble getting connected.
[16:27.020 --> 16:31.260]  Randy. I don't want to talk about it. I don't want to talk about it. Okay.
[16:33.100 --> 16:38.540]  I'll find somebody else to blame. That's my job. Okay. I do have the phone lines on.
[16:39.420 --> 16:45.420]  And we're going to break in a few seconds. Yeah. We got a couple of guests today we expect to be
[16:45.420 --> 16:59.260]  coming on. So when they come on, we won't be taking calls. But until they get here, we'll be right back.
[17:15.420 --> 17:19.020]  And most importantly, the right to due process of law.
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[17:55.980 --> 17:59.700]  the free society we all want and deserve.
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[18:04.620 --> 18:09.780]  lawsuits? Stop debt collectors now with the Michael Miras Proven Method. Michael
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[18:49.580 --> 18:57.820]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to
[18:57.820 --> 19:11.660]  learn how to stop debt collectors next.
[19:27.820 --> 19:56.460]  Okay, hello. We've got a little confusion here. We're getting things
[19:56.460 --> 20:03.660]  straightened out. This is Randy Kelton, Brett Fountain rule of law radio. We kind of
[20:03.660 --> 20:10.860]  messed up that first segment a little bit, but our producer is Robert and he
[20:10.860 --> 20:16.980]  has agreed that we could blame it all on him. Okay, we got that going. We got
[20:16.980 --> 20:27.540]  Chief Jones here. Hello, Chief. I've been good here with Brett Fountain, mass confusion.
[20:27.540 --> 20:32.900]  We'll get this straightened out a little bit. I've got the call lines open, but
[20:32.900 --> 20:40.980]  since I've got Chief on, hang on guys. I want to talk to Chief a little bit about
[20:40.980 --> 20:46.380]  what is going on at the moment. I tried to get you before the show, Chief, and
[20:46.380 --> 20:52.940]  had so much going on. I couldn't quite get to you. Did you have something you
[20:52.940 --> 21:05.940]  wanted to speak to? Well, I'm in Ohio set up to go do audits tomorrow. Okay, you
[21:05.940 --> 21:13.580]  know we're gonna do a presentation at one o'clock for a lot of
[21:13.580 --> 21:20.260]  these guys, and you're only 385 miles from where I'm at. That's worth the
[21:20.260 --> 21:28.100]  drive up there. The time I do the show, the presentation tomorrow, I'm not
[21:28.100 --> 21:36.140]  gonna have time, but if I got some guys close, I want to do some with these
[21:36.140 --> 21:42.380]  auditors present. What I'm gonna do is not that different from what they're
[21:42.380 --> 21:49.100]  doing. It's just a point, right? Yeah, a different way of thinking about it.
[21:49.100 --> 21:57.180]  Right. Yeah, these auditors are going in there to demonstrate how these police
[21:57.180 --> 22:05.700]  fail to protect our First Amendment rights, and show how aggressive and
[22:05.700 --> 22:14.860]  inconsiderate of the public they are. Well, I want to get them to go in for a
[22:14.860 --> 22:21.420]  slightly different purpose, because I watched these audits, and I just watched
[22:21.420 --> 22:29.580]  one in Myrtle Beach, and they wound up with police everywhere. Wow. And they came
[22:29.580 --> 22:37.740]  away feeling like they were badly mistreated. Wow. I want to fix that. I
[22:37.740 --> 22:43.820]  want them to come away feeling like they were they badly mistreated the
[22:43.820 --> 22:53.820]  police. That is so much more fun. Yes. When these guys went in there, and the
[22:53.820 --> 23:00.780]  first person approached them and told them, you can't film in here, and they
[23:00.780 --> 23:05.820]  said, sure we can. And when they said, no, you'll have to stop
[23:05.820 --> 23:14.500]  filming, that's when I would call 911. Of course. Just the only reason we're
[23:14.500 --> 23:22.860]  doing all of this is getting them to give us an excuse to call 911. We want to
[23:22.860 --> 23:30.740]  call 911 before they realize that they're being set up, before they even
[23:30.740 --> 23:36.580]  realize they've done anything wrong. And all of a sudden, you're asking the
[23:36.580 --> 23:45.620]  dispatcher to send somebody out to arrest them. I've done this 100 times. It is so
[23:45.620 --> 23:54.260]  much fun. The look on their faces when you do that is priceless. And we can get
[23:54.260 --> 24:00.980]  these guys to try this out just one time. And okay, you're going to Ohio. Before
[24:00.980 --> 24:11.380]  you go in, look up official misconduct in Ohio. Yes. Make sure you got that code in
[24:11.380 --> 24:19.940]  front of you. You might call down to the department and ask who the chief is, or
[24:19.940 --> 24:28.020]  the sheriff's department, who the sheriff is, who their internal affairs, who the
[24:28.020 --> 24:38.180]  head of internal affairs is, and who's the patrol, who's the guy who generally is
[24:38.180 --> 24:44.380]  the head of the guys on the street in any one shift, shift supervisor, I guess.
[24:44.380 --> 24:51.860]  Sure. Yeah, we get all those names, already have all those names. And then
[24:51.860 --> 24:57.740]  when you do the 911 call, and they send an officer out, and he refuses to take
[24:57.740 --> 25:05.300]  your complaint, then you tell him who you want him to call. It looks like that
[25:05.300 --> 25:19.140]  would be sheriff Richard K. Jones. Is that your brother? But this way, when you
[25:19.140 --> 25:25.660]  tell him who to call, the 911 guy who to call, they're all going to say, these
[25:25.660 --> 25:34.420]  guys set us up for this. It's getting funnier by the minute. Oh, I have done
[25:34.420 --> 25:44.020]  this. This is so much fun. In the presentation I put together, I took the
[25:44.020 --> 25:50.060]  rubber ball theory and crafted it into this presentation because this is so
[25:50.060 --> 25:57.380]  appropriate to what you guys are doing. Chief, you're fully aware of how the
[25:57.380 --> 26:04.900]  police know how to get people to react and respond pretty much the way they
[26:04.900 --> 26:13.580]  want them to. Yes. Because we understand how people react and respond. That is a
[26:13.580 --> 26:18.380]  strength they have because you are not, you as ordinary citizen, you're not
[26:18.380 --> 26:27.060]  accustomed to confrontation. The vast majority of your life is spent in pleasant
[26:27.060 --> 26:34.700]  and reasonable civil discourse. When something stressful happens, you go
[26:34.700 --> 26:41.540]  inside and you pull out a behavioral set that you have developed for dealing
[26:41.540 --> 26:48.660]  with stressful situations. And for most people, they learn that in middle school.
[26:48.660 --> 26:56.660]  Yes. Our children are required to attend 12 years of a government mandated school
[26:56.660 --> 27:02.140]  system. And those who are not home schooled were put into a school
[27:02.140 --> 27:07.300]  environment that was not their choice, government mandated. And while in that
[27:07.300 --> 27:14.020]  school system, they were schooled on what a great country they lived in and all
[27:14.020 --> 27:22.580]  of the inalienable rights that they had. Yes. Now, however, while you're in this
[27:22.580 --> 27:28.020]  school, don't even think about trying to express one of those rights and a whole
[27:28.020 --> 27:33.980]  way to the system of a land-wide square on your head. We put our
[27:33.980 --> 27:39.020]  children through 12 years of that hypocrisy and then they get out of school
[27:39.020 --> 27:44.180]  and they go about their lives. And they don't have any more interaction, for the
[27:44.180 --> 27:49.540]  most part, with governmental authority until they get pulled over, get a ticket.
[27:49.540 --> 27:53.660]  They go inside and they look for a behavioral set and the only thing they
[27:53.660 --> 28:01.060]  got is being sent to the principal. That's why when I went with this friend
[28:01.060 --> 28:06.060]  of mine to a traffic case, I didn't have a case so I didn't have a dog in the
[28:06.060 --> 28:09.260]  hunt so I could pay attention to everybody else. An older guy, really
[28:09.260 --> 28:13.580]  expensive suit. You got all these guys out here talking about how they're going to
[28:13.580 --> 28:17.420]  get the cops job and blah blah, all this bravado. This guy's staying over there
[28:17.420 --> 28:24.340]  keeping his mouth shut. Yeah. He just had a look about him. This guy was a seasoned,
[28:24.340 --> 28:29.420]  a professional executive. We get into court, they called him first and he's got
[28:29.420 --> 28:36.060]  these notes. His hand was shaking so bad he couldn't read the notes. That's one of
[28:36.060 --> 28:46.700]  the questions. Now what is going on here? He has a limited behavioral set. So the
[28:46.700 --> 28:55.420]  rubber ball theory is a tool for reprogramming your behavioral set. Of
[28:55.420 --> 29:01.780]  course. It's a method for communicating on a level that's normally outside the
[29:01.780 --> 29:09.340]  conscious awareness. That's because in this, it's not that it's subliminal. It's
[29:09.340 --> 29:16.100]  because of our definitions. We define emotions as nouns. They're not nouns,
[29:16.100 --> 29:23.020]  they're verbs. Emotions are not things that happen to you. Emotions are
[29:23.020 --> 29:29.460]  communications from an inner aspect of mind to the conscious aspect of mind.
[29:29.460 --> 29:34.180]  We're about to go to break. When we come back, I'll explain that a little bit and
[29:34.180 --> 29:39.900]  why this is so appropriate for these police. Their strength in being able to
[29:39.900 --> 29:46.060]  manipulate people into certain kinds of responses will turn into their Achilles
[29:46.060 --> 29:51.140]  heel. And when we come back, I'll address why. Randy Kelton, Brett Fountain,
[29:51.140 --> 29:55.820]  move our radio. The callboard's full, so I'm not going to give out the call-in number.
[29:55.820 --> 29:59.260]  We'll be right back.
[30:01.700 --> 30:06.620]  Thousands of Florida motorists convicted of DUI may very well have been driving
[30:06.620 --> 30:10.780]  under the blood alcohol limit. I'm Dr. Catherine Albrecht, and I'll be back with
[30:10.780 --> 30:14.860]  a tale of banned breathalysers and a government cover-up in a moment.
[30:14.860 --> 30:20.100]  Privacy is under attack. When you give up data about yourself, you'll never get it
[30:20.100 --> 30:24.620]  back again. And once your privacy is gone, you'll find your freedoms will start
[30:24.620 --> 30:29.260]  to vanish too. So protect your rights. Say no to surveillance and keep your
[30:29.260 --> 30:34.420]  information to yourself. Privacy, it's worth hanging on to. This public service
[30:34.420 --> 30:38.340]  announcement is brought to you by StartPage.com, the private search engine
[30:38.340 --> 30:45.420]  alternative to Google, Yahoo, and Bing. Start over with StartPage. Ever hear the
[30:45.420 --> 30:50.180]  term fine farming? It's when cops find innocent people to bring in revenue, and
[30:50.180 --> 30:54.220]  it's apparently big business in the Sunshine State of Florida. This case
[30:54.220 --> 30:58.620]  involves breathalysers used to convict thousands of Florida motorists for DUI
[30:58.620 --> 31:03.180]  violations. Recently, reporters discovered that the devices were improperly
[31:03.180 --> 31:07.260]  calibrated. State officials knew about it for two and a half years, but did
[31:07.260 --> 31:12.060]  nothing. In fact, the head of Florida's breath testing program ordered inspectors
[31:12.060 --> 31:16.980]  not to document the problem. A DUI conviction can ruin somebody's life, but
[31:16.980 --> 31:20.940]  now that the cover-up has been exposed, perhaps Florida drivers can breathe a
[31:20.940 --> 31:24.980]  bit easier. I'm Dr. Catherine Albrecht. More news and information at
[31:24.980 --> 31:34.020]  CatherineAlbrecht.com I lost my son. My nephew. My uncle. My son. On September 11th,
[31:34.020 --> 31:38.980]  2001. Most people don't know that a third tower fell on September 11th. World
[31:38.980 --> 31:43.380]  Trade Center 7, a 47-story skyscraper, was not hit by a plane. I will be
[31:43.380 --> 31:48.300]  official explanation is that fire brought down building 7. Over 1,200
[31:48.300 --> 31:51.780]  architects and engineers have looked into the evidence and believe there is more
[31:51.780 --> 31:56.140]  to the story. Bring justice to my son. My uncle. My nephew. My son. Go to
[31:56.140 --> 32:01.260]  buildingwatch.org. Why it fell, why it matters, is what you can do. Hey, it's
[32:01.260 --> 32:04.260]  Danny here for Hill Country Home Improvements. Did your home receive hail
[32:04.260 --> 32:07.860]  or wind damage from the recent storms? Come on, we all know the government caused
[32:07.860 --> 32:11.500]  it with their chemtrails, but good luck getting them to pay for it. Okay, I might
[32:11.500 --> 32:14.900]  be kidding about the chemtrails, but I'm serious about your roof. That's why you
[32:14.900 --> 32:18.420]  have insurance and Hill Country Home Improvements can handle the claim for
[32:18.420 --> 32:22.340]  you with little to no out-of-pocket expense. And we accept Bitcoin as a
[32:22.340 --> 32:26.740]  multi-year A-plus member of the Better Business Bureau with zero complaints. You
[32:26.740 --> 32:30.460]  can trust Hill Country Home Improvements to handle your claim and your roof
[32:30.460 --> 32:37.220]  right the first time. Just call 512-992-8745 or go to hillcountryhome
[32:37.220 --> 32:41.260]  improvements.com. Mention the crypto show and get $100 off, and we'll donate
[32:41.260 --> 32:45.620]  another $100 to the Logos Radio Network to help continue this programming. So if
[32:45.620 --> 32:50.500]  those out-of-town roofers come knocking, your door should be locked in. That's
[32:50.500 --> 32:57.820]  512-992-8745 or hillcountryhomeimprovements.com. Discounts are based on full
[32:57.820 --> 33:02.580]  roof replacement. I mean, I actually be kidding about chemtrails.
[33:02.580 --> 33:10.580]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:14.580 --> 33:24.580]  Yeah, I got the warrant, and I gonna solve them, to the government them, prosecute them.
[33:24.580 --> 33:39.460]  Okay, we are back. Randy Kelton, Brett Fountain, Ruvela Radio here with our
[33:39.460 --> 33:46.700]  special guest, Chief Damon Jones, and we were talking about their strength and
[33:46.700 --> 33:55.340]  their weakness. Policemen are very accustomed to triggering responses in
[33:55.340 --> 34:01.180]  people that aren't sophisticated, and this allows them to extract from people
[34:01.180 --> 34:06.820]  information they otherwise would not give. And the way they do that is they
[34:06.820 --> 34:12.900]  reach right inside you and they push one of your internal mental buttons. They
[34:12.900 --> 34:19.580]  push that authority button and they get you to respond to authority. Well, and
[34:19.580 --> 34:24.740]  Robert Ball Theory is all about the difference between what you think and
[34:24.740 --> 34:31.980]  what you feel. My explanation is it is that the conscious aspect of the living
[34:31.980 --> 34:39.180]  mind, it monitors your environment. It does some rudimentary analysis and
[34:39.180 --> 34:44.700]  filtering on the information that it perceives. It has approximately five
[34:44.700 --> 34:50.700]  instruments it uses to gather information from the environment. But the way
[34:50.700 --> 34:57.180]  that it organizes that information is contextually, and it extracts context
[34:57.180 --> 35:02.580]  from another aspect of mind. There's another aspect of mind for one of a
[35:02.580 --> 35:07.900]  better term, I call it an internal librarian. And it watches what's going
[35:07.900 --> 35:12.420]  on and it says, okay, when somebody walks right up in front of you and comes up
[35:12.420 --> 35:20.300]  and stomps on your toe, you generally react to respond from this emotional
[35:20.300 --> 35:28.620]  context, peoed. And inside this box, you have all of the things you've learned to
[35:28.620 --> 35:34.980]  do in this kind of circumstances. When you're growing up, you know, if your
[35:34.980 --> 35:42.420]  parents, when they were angry, were sympathetic and understanding, you may
[35:42.420 --> 35:50.340]  have that in your angry box. But if they weren't, then as you get older, you
[35:50.340 --> 35:57.660]  develop a set of methods of responding based on your experience. You may not
[35:57.660 --> 36:03.660]  have sympathy and empathy in your angry box. And to the degree that you're not
[36:03.660 --> 36:08.860]  consciously aware of the limitations of any particular context that's been
[36:08.860 --> 36:13.020]  triggered, you're like a little spider on a piece of web. Somebody pushes one of
[36:13.020 --> 36:17.300]  your buttons and you do this little dance. We've all had the experience where
[36:17.300 --> 36:21.780]  something has happened and we've reacted or responded to it. And when it's over, we
[36:21.780 --> 36:27.620]  think to ourselves, why the heck did I do that? It wasn't what you wanted to do. It
[36:27.620 --> 36:34.780]  just came out. So you get in front of one of these officers and they say or do
[36:34.780 --> 36:43.340]  something and your response just comes out. Hold on. Wait a minute. That's not
[36:43.340 --> 36:51.140]  yours. That's his. He knew exactly how to reach in and touch your soft spot. That's
[36:51.140 --> 36:57.180]  what he does all day. He's trying to do that. So when you feel it, it takes a
[36:57.180 --> 37:01.940]  while to catch this. When somebody says something or does something and you
[37:01.940 --> 37:08.580]  feel it from the pit of your stomach, your central charka, it just
[37:08.580 --> 37:18.220]  squeezes it out. Hold on. Whatever you feel like doing, don't do it. And
[37:18.220 --> 37:24.940]  immediately something else will come to mind. Don't do that either. I could take
[37:24.940 --> 37:31.940]  three rubber balls. One hard, one soft, one medium. Based on my experience in the
[37:31.940 --> 37:35.780]  environment, I could pretty well predict how hard to throw each one up against
[37:35.780 --> 37:41.260]  the wall. So come back where I catch it. A little higher, low, off to one side of
[37:41.260 --> 37:47.380]  the other. We're in a catchable range. So the first thing you feel like doing, the
[37:47.380 --> 37:52.260]  officer can predict it. The second thing, if you don't do the first one, you catch
[37:52.260 --> 37:58.860]  yourself. The second thing, he can predict that one just as well. So stop.
[37:58.860 --> 38:06.780]  Okay. Only one real rule. You want to give him a response that's socially
[38:06.780 --> 38:16.180]  acceptable, that fits the circumstances. The only trick is something that he would
[38:16.180 --> 38:22.540]  not expect. When Roger Jones, head of criminal intact section Denton County, told
[38:22.540 --> 38:30.100]  me that I wasn't welcome here anymore because I'm trying to get him to verify
[38:30.100 --> 38:36.620]  criminal affidavits against his boss. He's clearly trying to trigger a negative
[38:36.620 --> 38:43.340]  interaction between us. He's trying to get me to give him a reason to call me
[38:43.340 --> 38:51.380]  agitated. So he said, Mr. Kelton, you're not welcome here anymore. So I felt it. I
[38:51.380 --> 39:00.020]  felt him give me the nudge. So I said, well, Mr. Jones, I feel disparaged. You're
[39:00.020 --> 39:06.940]  gonna hurt my feelings. Well, you didn't see that coming. So generally, when you
[39:06.940 --> 39:12.660]  don't bat somebody's ball back high or low off to one side of the other, but you
[39:12.660 --> 39:19.620]  just make it splash and slide to the floor, pattern interruption. So now they're
[39:19.620 --> 39:27.340]  going to pull out some of their worst responses. So he said, Mr. Kelton, you're
[39:27.340 --> 39:31.060]  creating a disturbance. You're going to have to leave the building. Well, that one
[39:31.060 --> 39:38.460]  was easier to catch. It wasn't as subtle as the first one. So I caught it. I felt
[39:38.460 --> 39:42.980]  like responding to it. But instead, I pulled out something I got from an old
[39:42.980 --> 39:50.420]  first shirt, said this to a general. I said, Mr. Jones, if you'll just bend over
[39:50.420 --> 39:55.460]  while pull that while hand you behind for you, and you and I go back to treating
[39:55.460 --> 40:04.020]  one another like mature and responsible adults. He was frozen in his tracks. The
[40:04.020 --> 40:10.900]  first time you do this to one of these cops, does it ways one more rule? No
[40:10.900 --> 40:20.060]  laughing out loud. It's just rude. But a lot of times you know, you can see their
[40:20.060 --> 40:26.100]  eyes go out of focus. The face goes slack and I'm trying to come up with
[40:26.100 --> 40:33.220]  something to do. Then their behavior goes down here. Not yours. I'm going to talk
[40:33.220 --> 40:39.140]  about that tomorrow at this presentation. I'm going to do because these guys are
[40:39.140 --> 40:45.980]  on the point of the spear. Right now I've been watching these and the officers
[40:45.980 --> 40:55.220]  are poking these guys buttons and they're responding. A lot of them are
[40:55.220 --> 41:02.380]  responding what I would consider badly, but that's not a bad thing. They're not
[41:02.380 --> 41:06.580]  responding the way the officers want them to, so they're already kind of doing
[41:06.580 --> 41:14.740]  what we're asking. When they tell the officer to shut up, that is great. That's
[41:14.740 --> 41:21.260]  not in their behavioral set. That's always an interruption form. Every time
[41:21.260 --> 41:25.580]  I've seen them do that, that's an eruption. But there are more subtle
[41:25.580 --> 41:30.500]  interruptions and once they begin to get it, they will make these cops crazy and
[41:30.500 --> 41:40.220]  the policemen won't understand why. But they will have to go inside and find
[41:40.220 --> 41:47.140]  appropriate behaviors to address these kinds of situations. The next time they
[41:47.140 --> 41:53.100]  run into a guy like that, they're going to be better. These guys will really begin
[41:53.100 --> 41:58.660]  to train these officers. I am so looking forward to these guys having these
[41:58.660 --> 42:09.580]  officers do that dance for them. So Chief, I'm talking about things I suspect you
[42:09.580 --> 42:17.500]  already know about. Yes, sir. When I worked this procedure out, I looked at it
[42:17.500 --> 42:23.860]  and I said, heck, my granddaddy knows how to do that. He just didn't know
[42:23.860 --> 42:29.380]  precisely how he knew how to do that. And I struggle with finding a way to
[42:29.380 --> 42:33.100]  present this to people so they'll recognize they already know how to do
[42:33.100 --> 42:43.500]  that. Right. Exactly, I agree. If I can get them to find that tool in their
[42:43.500 --> 42:50.020]  experience, then it will transfer more quickly. And the main thing that causes
[42:50.020 --> 42:55.420]  these officers to react to me the way they do is because I'm always
[42:55.420 --> 43:02.860]  interrupting them. When I pulled that shot on the judge, Judge Hayes over the
[43:02.860 --> 43:09.380]  hearing aid gambit, he just had no way to deal with it. And then when I go out and
[43:09.380 --> 43:16.220]  ask the bailiff to arrest him, he's sitting in there and can hear me asking
[43:16.220 --> 43:22.140]  the bailiff to arrest him. And when I told the bailiff that if I had told him
[43:22.140 --> 43:26.940]  about the America's Disabilities Act, he might have turned the sound up, I made
[43:26.940 --> 43:31.140]  sure I said that loud enough so they could hear me in the court.
[43:31.140 --> 43:41.260]  Yes. Well, the judge is benefit. Okay, we're about to go to break. This is Randy
[43:41.260 --> 43:47.100]  Kelton, Brett Fountain, Rue de la Radio. We've got three on the board. Call it
[43:47.100 --> 43:54.020]  number 512-646-1984. We'll be right back.
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[44:56.780 --> 45:04.940]  call 512-646-6404. Are you the plaintiff or defendant in a lawsuit? Win your case
[45:04.940 --> 45:10.040]  without an attorney with Jurisdictionary, the affordable, easy-to-understand four
[45:10.040 --> 45:16.420]  CD course that will show you how in 24 hours, step by step. If you have a lawyer,
[45:16.420 --> 45:21.380]  know what your lawyer should be doing. If you don't have a lawyer, know what you
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[45:32.500 --> 45:37.340]  case-winning experience. Even if you're not in a lawsuit, you can learn what
[45:37.340 --> 45:41.980]  everyone should understand about the principles and practices that control our
[45:41.980 --> 45:47.460]  American courts. You'll receive our audio classroom, video seminar, tutorials,
[45:47.460 --> 45:53.620]  forms for civil cases, prosay tactics, and much more. Please visit ruleoflawradio.com
[45:53.620 --> 46:00.620]  and click on the banner or call toll-free 866-LAW-EZ.
[46:23.620 --> 46:33.820]  Always, I must be careful what I'm wishing for. When I'm hungry, I like to know just what I'm
[46:33.820 --> 46:42.340]  wishing for. I ain't asking for much, I ain't trying to be no-bloodin'. I'm just here
[46:42.340 --> 46:51.340]  makin' my livin' pushin' button. I'll get my message out if anyone is shoutin'
[46:51.340 --> 46:59.180]  distance. I'll vote for bravery and against slavery showin' resistance. First I'm
[46:59.180 --> 47:06.060]  rollin', then I'm walkin', then I'm start struttin'. Just so glad to make my livin'
[47:06.060 --> 47:16.140]  pushin' button. Okay, we are back. Randy Kelton, Brett Fountain, rule of law
[47:16.140 --> 47:23.100]  radio here with our special guest, Chief Jones. And on the break, we were talking
[47:23.100 --> 47:29.460]  about what Chief's gonna do tomorrow. And I mentioned that we were talking about
[47:29.460 --> 47:34.540]  the idea. These first amendment auditors, the first thing they do is refuse to
[47:34.540 --> 47:40.660]  identify themselves to the police. This always makes the police crazy. And I
[47:40.660 --> 47:49.900]  suggested that if someone is stopped and the officer does not articulate
[47:49.900 --> 47:59.060]  reasonable, probable cause to support suspicions of sufficient to request ID.
[47:59.060 --> 48:05.620]  Then the second time the officer demands ID, what am I calling 9-1-1 on them?
[48:05.620 --> 48:13.140]  Brett wanted to address that. Go ahead, Brett. Yeah, I just wanted to ask you, or
[48:13.140 --> 48:17.780]  let's consider together, what are the things that someone should watch for so
[48:17.780 --> 48:22.780]  that they're not prematurely calling 9-1-1, and then it turns into backfire on
[48:22.780 --> 48:30.180]  them that they can't report an emergency when there was no emergency. I was
[48:30.180 --> 48:33.900]  irritated and that's not an emergency enough. You gotta wait until there's
[48:33.900 --> 48:40.260]  something that you could construe as assault or denial or right or something
[48:40.260 --> 48:47.740]  that you could... That is a very good question. And a question that needed to
[48:47.740 --> 48:54.740]  be asked because a lot of people are afraid to call to report crime. Well,
[48:54.740 --> 49:05.260]  here's the deal. It makes absolutely no difference what the officer intended. The
[49:05.260 --> 49:12.260]  officer and anyone, you always must take people the way you find them. If I'm
[49:12.260 --> 49:16.340]  just joking around with somebody and I walk up and scare him and he drops dead
[49:16.340 --> 49:24.060]  of a heart attack, I got a problem. The fact that I did not know he had a
[49:24.060 --> 49:31.660]  seriously defective heart is irrelevant. I take him like I find him. When a
[49:31.660 --> 49:40.500]  policeman stops me and he has a loaded pistol on his hip, that for me is a very
[49:40.500 --> 49:46.740]  big deal. I have spent a serious amount of time on the sharp end of those things.
[49:46.740 --> 49:54.500]  I have stood in hospitals and watched people die horrible deaths from those
[49:54.500 --> 50:01.700]  things. So I am extremely sensitive to those. If I'm talking to a policeman, his
[50:01.700 --> 50:07.780]  hand goes toward his pistol. I consider that aggravated assault. Now, he may not
[50:07.780 --> 50:13.700]  have intended to be threatening. Doesn't matter what he intended. If I feel
[50:13.700 --> 50:20.380]  threatened, I call. And then the guy comes out and says, well, he was just
[50:20.380 --> 50:25.900]  resting his hand on his pistol. So, well, I didn't know that. I felt threatened.
[50:25.900 --> 50:31.700]  That's enough. You're covered. You are the victim. You are the
[50:31.700 --> 50:40.100]  complainant. Police can't do all the work themselves. They need the assistance of
[50:40.100 --> 50:44.620]  the public. You know, every time you watch a show about cops in Chinatown,
[50:44.620 --> 50:49.780]  there's the standard complaint that nobody in Chinatown will talk to the
[50:49.780 --> 50:55.220]  police because they've come from places that couldn't trust the police. And the
[50:55.220 --> 50:59.660]  police complain about that because in America, you're supposed to be able to
[50:59.660 --> 51:06.340]  trust the police. And when you file a complaint, you become a protected class.
[51:06.340 --> 51:12.860]  Well, hey, can I throw in a couple really quick things? Absolutely. Okay, one
[51:12.860 --> 51:18.500]  time, I was on interstate 10. I was running radar and this car comes by the
[51:18.500 --> 51:22.300]  speed limit that particular time. If I'm not mistaken, it's 55 and she was
[51:22.300 --> 51:30.020]  doing 80, 85. So, I get in behind her and I've got my lights and siren on and we go
[51:30.020 --> 51:36.340]  like four miles or something and she just keeps slowing down and we're on
[51:36.340 --> 51:41.540]  interstate 9. She eventually slows down to about 15 or 20 miles an hour and I
[51:41.540 --> 51:48.020]  can't figure out what in the world is going on. So, she eventually eats us off
[51:48.020 --> 51:54.820]  to the side and when I get up there, she was from Vietnam and she said, I said,
[51:54.820 --> 52:00.860]  I've been following you for a long time. She looked a little angry and steered. I
[52:00.860 --> 52:06.660]  really couldn't make it out. And I said, why did you not stop? We've been going
[52:06.660 --> 52:14.180]  for four or five miles now. She said, you didn't pull your car in front of mine. I
[52:14.180 --> 52:21.100]  said, why would I do that? That's the way I know you want me to stop. You pull
[52:21.100 --> 52:26.900]  beside me and try and wave me over and you pull in front of me. And I said, well,
[52:26.900 --> 52:32.380]  that's not how it works in America. And she had a Florida driver's license. So, I
[52:32.380 --> 52:38.460]  said, you had to know that to pass the license. But she said, no. Well, I
[52:38.460 --> 52:43.940]  truthfully, because of different customs around the world, I talked to her a
[52:43.940 --> 52:49.380]  little bit and she says, I'm scared of police. Police beat us up. Do bad
[52:49.380 --> 52:52.780]  things to us. We've tried to, from America, be better, but she still had
[52:52.780 --> 52:58.260]  little faith in police. And I felt that she was really scared and she was
[52:58.260 --> 53:04.780]  really upset. So, I said, can we talk a little bit? Are you going to beat me? No,
[53:04.780 --> 53:08.580]  I'm not going to beat you. I'm not going to do nothing, okay? I said, look, I have
[53:08.580 --> 53:15.620]  nothing in my hands. Can you get out and let's talk for a minute? So, we did. And
[53:15.620 --> 53:22.420]  so, she become more and more calm over time and talked more and more to me. And
[53:22.420 --> 53:27.580]  I said, you know, the reason is, I'm trying to slow you down so you don't
[53:27.580 --> 53:31.700]  hurt yourself or somebody else, okay? She said, are you going to put me in
[53:31.700 --> 53:38.860]  jail? No. Write a ticket? No. I've served my purpose. We've talked about it and I
[53:38.860 --> 53:44.460]  bet you're not going to speak like this no more. No, sir, police. No, sir. So, you
[53:44.460 --> 53:50.660]  got to use common sense logic and rational thinking and she was scared out
[53:50.660 --> 53:57.980]  of her wits. So, I dispelled her alarm and gave her a little bit of faith and
[53:57.980 --> 54:03.300]  crushed an American police. And the other thing I was going to say is, all the way
[54:03.300 --> 54:10.300]  from the late 70s when I got in till the early 90s, police had a bad habit of
[54:10.300 --> 54:17.180]  leaning or putting their forearm on their pistols to the point they were
[54:17.180 --> 54:23.140]  warped for a lot of officers because they were used to leaning on a arm rest in
[54:23.140 --> 54:28.340]  the car and they would lean on that to take pressure off their back. And then a
[54:28.340 --> 54:31.780]  lot of them would actually do their hand, not regular, but reverse on the
[54:31.780 --> 54:37.900]  pistol. But in the early 90s, they started saying, if you put your hand on your
[54:37.900 --> 54:43.500]  gun and you're talking to somebody, they can take that as an aggravated assault,
[54:43.500 --> 54:48.180]  so don't do it. And that's why police a lot of times these days will grab the
[54:48.180 --> 54:52.500]  top of their shirts around their vest so that their hands are far away from
[54:52.500 --> 54:59.980]  there. Yes, I just, I noticed that in these videos that both hands are hung
[54:59.980 --> 55:05.980]  in their vest up by their neck so that their hands aren't hanging down. That
[55:05.980 --> 55:11.220]  was cool. That's interesting. Yeah, or their hands have to be, their hands can
[55:11.220 --> 55:14.220]  be turned in towards them. They don't turn them out, but they turn them in
[55:14.220 --> 55:20.740]  towards them and keep them about chest level. And there's two reasons they do
[55:20.740 --> 55:28.060]  that. One, there's nobody can say their hand was, you know, 18 or 24 inches away
[55:28.060 --> 55:32.100]  from their weapon. It was up on their chest. It was turned toward them, not you.
[55:32.100 --> 55:39.220]  And their hands are turned inward because if they have to reach down and grab
[55:39.220 --> 55:42.900]  that weapon, their hand is turned in the correct position to grab that weapon
[55:42.900 --> 55:49.820]  and come in the low ready. So they do that because some police were sued or
[55:49.820 --> 55:55.580]  criminal charges was filed, but some officers went as far as they actually
[55:55.580 --> 56:00.620]  unsnapped their holster. And they said, when they had to have the gun unsnapped
[56:00.620 --> 56:04.820]  their holster, they thought they were dead. So they started training them
[56:04.820 --> 56:12.740]  differently. Good, because that gun for me is a really, really big deal and it
[56:12.740 --> 56:20.700]  should be for the police. You know, in Texas, a aggravated assault, if a
[56:20.700 --> 56:27.500]  officer commits simple assault by offensive speech or offensive touching
[56:27.500 --> 56:35.860]  and a threat to arrest or even a threatening posture is enough to be
[56:35.860 --> 56:41.900]  construed as assault. But they got that pistol on their head. It goes to the
[56:41.900 --> 56:48.300]  frame of the mind of the victim. Yes. So here's the deal. Even if police, just
[56:48.300 --> 56:54.980]  like in Houston, if they do a no knock raid or a no knock or they kick the
[56:54.980 --> 57:00.260]  door in and it's nighttime, you're startled, you're woke up, you don't
[57:00.260 --> 57:09.220]  know who this is and you shoot them, you can't be charged with battery or
[57:09.220 --> 57:14.900]  aggravated to battery unless they can prove you knew it was police and you
[57:14.900 --> 57:20.380]  knowingly shot them. If your frame of mind is, I don't care what they say I
[57:20.380 --> 57:25.660]  thought they're not a mind reader. In my mind, my home was being invaded. I had a
[57:25.660 --> 57:31.660]  home invasion with people with guns and masks and I drew my gun and shot to
[57:31.660 --> 57:37.300]  protect myself and family. So the only way you're supposed to be able to get no
[57:37.300 --> 57:43.740]  knock warrants is if the judge believes the threat is so real that people have
[57:43.740 --> 57:48.580]  certain firearms in the house and if they do knock on the door that they're
[57:48.580 --> 57:53.540]  wobbled to shoot the police and harm the police, that's the only way they can get
[57:53.540 --> 57:58.300]  no knock warrants. Man, if I was a policeman, that was the last thing I
[57:58.300 --> 58:04.340]  would ever want to do is a no knock warrant. That's actually in Texas. Yeah, that's
[58:04.340 --> 58:11.140]  asking somebody to shoot me. But anyway, yeah. Another place we're taught when they
[58:11.140 --> 58:16.540]  come up to your door to never stand in front of the door because people will
[58:16.540 --> 58:21.940]  shoot a shotgun or rifle straight through the door but no one or not
[58:21.940 --> 58:25.180]  knowing who there is because they're so scared it may be midnight or two in the
[58:25.180 --> 58:31.060]  morning. The FBI is really bad between two and five a.m. officially around four
[58:31.060 --> 58:38.380]  a.m. to do raids because according to statistics somewhere between two and four
[58:38.380 --> 58:44.300]  is the most likely time somebody will be asleep. Okay, hang on. We have to go to break Randy
[58:44.300 --> 58:50.860]  Kelton right fountain with our radio. We'll be right back. Would you like to
[58:50.860 --> 58:56.060]  make more definite progress in your walk with God? Bibles for America is offering
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[59:33.180 --> 59:45.220]  call Bibles for America toll free at 888-551-0102 that's 888-551-0102 or
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[01:00:05.460 --> 01:00:11.020]  Markets for Monday the 22nd of July 2019 open with precious metals gold one
[01:00:11.020 --> 01:00:14.620]  thousand four hundred twenty nine dollars an ounce silver sixteen dollars forty-five
[01:00:14.620 --> 01:00:18.660]  cents an ounce copper two dollars seventy five cents an ounce oil Texas crew
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[01:00:22.100 --> 01:00:26.260]  forty seven cents a barrel and cryptos in order of market cap Bitcoin core
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[01:00:41.140 --> 01:00:47.300]  hundred twenty four dollars and ten cents a crypto coin in history the year
[01:00:47.300 --> 01:00:51.900]  nineteen sixteen the preparedness day bombing a time suitcase bomb was
[01:00:51.900 --> 01:00:55.860]  detonated on Market Street in San Francisco during the World War one
[01:00:55.860 --> 01:01:05.180]  preparedness day parade killing 10 and injuring 40 today in history and recent
[01:01:05.180 --> 01:01:09.540]  news since Governor Greg Abbott signed House bill 1325 legalizing happen to
[01:01:09.540 --> 01:01:13.660]  taxes law back in June County prosecutors around the state including Houston
[01:01:13.660 --> 01:01:17.460]  Austin San Antonio have been dropping marijuana possession charges and even
[01:01:17.460 --> 01:01:20.820]  refusing to file new ones since they are stipulating that they do not have the
[01:01:20.820 --> 01:01:25.580]  time or the laboratory equipment to test the year for THC Margaret Moore the
[01:01:25.580 --> 01:01:28.820]  Travis County District Attorney announced earlier this month that she was
[01:01:28.820 --> 01:01:32.940]  dismissing 32 felony possession and delivery of marijuana cases because of
[01:01:32.940 --> 01:01:36.340]  the law Mr. Abbott and other state officials and including the attorney
[01:01:36.340 --> 01:01:39.420]  general stipulated in a letter the county district attorneys back on
[01:01:39.420 --> 01:01:43.300]  Thursday that marijuana has not been decriminalized in Texas and that these
[01:01:43.300 --> 01:01:48.740]  actions demonstrate a misunderstanding of how HB 1325 works as well as other
[01:01:48.740 --> 01:01:54.660]  cities too like the district attorney in El Paso Chima Esparza a Democrat who
[01:01:54.660 --> 01:01:59.020]  also stated earlier this month that the law quote will not have an effect on the
[01:01:59.020 --> 01:02:03.420]  prosecution of marijuana cases in El Paso however the issue was succinctly
[01:02:03.420 --> 01:02:07.220]  summarized by Mr. Brandon Ball an assistant public defender in Harris
[01:02:07.220 --> 01:02:10.780]  County who stated that quote the law is constantly changing on what makes
[01:02:10.780 --> 01:02:14.660]  something illegal based on its chemical makeup it's important that if someone is
[01:02:14.660 --> 01:02:23.220]  charged with something the test matches what they're charged with a paper by
[01:02:23.220 --> 01:02:27.620]  Tulane University identified a five and a half inch American pocket shark as the
[01:02:27.620 --> 01:02:32.060]  first of its kind in the Gulf of Mexico the specimen being only the second
[01:02:32.060 --> 01:02:36.420]  pocket shark ever captured or recorded with the other one being found way back
[01:02:36.420 --> 01:02:40.740]  in 1979 in the East Pacific Ocean according to the university paper the
[01:02:40.740 --> 01:02:45.820]  sharks it creates a luminous fluid from a gland near its front fins for the
[01:02:45.820 --> 01:02:53.460]  purpose it is hypothesized to learn pray maybe drawn into the globe
[01:03:45.820 --> 01:04:11.060]  okay we are back Randy Kelton Brett fountain we love radio and we had
[01:04:11.060 --> 01:04:15.780]  another guest we plan to have on being hasn't shown up yet so we're
[01:04:15.780 --> 01:04:22.540]  going to go to your calls Ralph from Texas do you have a question for chief
[01:04:22.540 --> 01:04:28.060]  Jones chief Jones has been a policeman his entire career and now he's retired
[01:04:28.060 --> 01:04:35.260]  and he's out doing first amendment audits retraining policemen and what do
[01:04:35.260 --> 01:04:41.060]  you have for us Ralph well I have a due process question you've covered this
[01:04:41.060 --> 01:04:47.460]  several times on on the radio but I cannot find my notes so all right the
[01:04:47.460 --> 01:04:55.100]  notes I'm fine I don't answer my question so specifically if it is a jailer
[01:04:55.100 --> 01:05:01.140]  required to have commitment papers and if they accept somebody from a you know
[01:05:01.140 --> 01:05:07.140]  resting officer into the jail without commitment papers are they violating due
[01:05:07.140 --> 01:05:18.300]  process absolutely the federal law requires okay this comes from the
[01:05:18.300 --> 01:05:25.340]  Magna Carta passed when it was originally instituted in 1215 AD one of
[01:05:25.340 --> 01:05:33.820]  the provisions was that if a free man is arrested for any reason he is to be
[01:05:33.820 --> 01:05:40.780]  taken directly to the nearest magistrate and the policeman is to explain
[01:05:40.780 --> 01:05:47.380]  himself that's not because they didn't trust the police but they didn't want the
[01:05:47.380 --> 01:05:52.660]  public to fear the police they didn't want the public to think that a policeman
[01:05:52.660 --> 01:05:59.700]  could arrest and punish so they gave the key to the jailhouse door to a neutral
[01:05:59.700 --> 01:06:07.460]  magistrate who is elected by the people and is beholden to the people so it was
[01:06:07.460 --> 01:06:11.740]  the magistrate who determined if they went to jail or not not the policeman
[01:06:11.740 --> 01:06:19.060]  well that worked well for us for 800 years until about 1965 we got some
[01:06:19.060 --> 01:06:27.700]  opinions we got one particular opinion in Texas that I think it's state v. Troy
[01:06:27.700 --> 01:06:36.060]  or Troy v. State that said that in the case of a felony I mean of a misdemeanor
[01:06:36.060 --> 01:06:46.380]  you do not have a right to an examining trial and the court the local courts and
[01:06:46.380 --> 01:06:51.700]  police took that to mean that in a misdemeanor you could not hold an
[01:06:51.700 --> 01:06:59.260]  examining trial so now they take people to straight to jail and then they bring
[01:06:59.260 --> 01:07:03.460]  in this magistrate and the magistrate holds what they call a
[01:07:03.460 --> 01:07:11.180]  magistration well if you type magistration into Microsoft Word it puts
[01:07:11.180 --> 01:07:17.660]  this little red line under it because it don't know what it is I don't know what
[01:07:17.660 --> 01:07:28.820]  it is either because the judge never prepares a order as required by 16.17
[01:07:28.820 --> 01:07:34.880]  code of code procedure and I think we spoke to this earlier that our might
[01:07:34.880 --> 01:07:39.980]  have been when I was talking to Casey earlier today if you give like like if
[01:07:39.980 --> 01:07:47.500]  if Damon they go do this audit and they call 9-1-1 on the cop and another cop
[01:07:47.500 --> 01:07:53.020]  shows up and you make a criminal accusation it's best to give them a
[01:07:53.020 --> 01:07:58.900]  written their written affidavit and ask the officer to verify it and you say
[01:07:58.900 --> 01:08:06.780]  this officer violated this law by these acts and the officer says well I don't
[01:08:06.780 --> 01:08:10.900]  think that's a violation well I don't care what you think I didn't call you out
[01:08:10.900 --> 01:08:16.300]  here to get legal advice I called you out here to perform your duty and give
[01:08:16.300 --> 01:08:22.140]  notice of crime to some magistrate you're not a member of the judiciary I
[01:08:22.140 --> 01:08:32.060]  am the master of these servants I am by statute a credible person when a police
[01:08:32.060 --> 01:08:38.060]  officer files a criminal complaint he does not do that in the capacity of a
[01:08:38.060 --> 01:08:47.420]  police officer he does it in his capacity as a credible person he is no
[01:08:47.420 --> 01:08:54.740]  more credible than I am if I make the accusation he does not have standing to
[01:08:54.740 --> 01:09:00.620]  make a determination of probable cause that's what we've got magistrates for so
[01:09:00.620 --> 01:09:06.020]  if the officer decides he doesn't think it's a crime you call 9-1-1 on him and
[01:09:06.020 --> 01:09:13.180]  accuse him of impersonating judicial officer try that out Bubba but while I'm
[01:09:13.180 --> 01:09:17.780]  here about calling earlier Brett asked the question you know what do we have
[01:09:17.780 --> 01:09:22.540]  to do to make sure we're we're covered so we don't wind up getting in trouble you
[01:09:22.540 --> 01:09:28.420]  don't have to worry about getting in trouble when you call the police when
[01:09:28.420 --> 01:09:35.420]  you call 9-1-1 you merely have to feel threatened it doesn't matter if you are
[01:09:35.420 --> 01:09:43.900]  threatened or not you just have to feel threatened and you're covered and if you
[01:09:43.900 --> 01:09:50.260]  have reason to believe that a felony has been committed and you don't report that
[01:09:50.260 --> 01:09:56.940]  felony in Texas that is a classic misdemeanor if you have reason to believe
[01:09:56.940 --> 01:10:01.980]  that a public official has exerted or purported to exert a though he does not
[01:10:01.980 --> 01:10:05.700]  especially have and in the process committed simple assault against you
[01:10:05.700 --> 01:10:10.860]  while prominently displaying a deadly weapon that's a second degree felony in
[01:10:10.860 --> 01:10:16.900]  every state except Texas in Texas is a first degree felony if you don't report
[01:10:16.900 --> 01:10:28.860]  that that is a crime under 18 US code for not 18 US code 32 96 or something we
[01:10:28.860 --> 01:10:37.420]  there in the back but right up front misprison of felony it is a crime if the
[01:10:37.420 --> 01:10:46.420]  act had the effect of denying you in due process then and it the act was
[01:10:46.420 --> 01:10:50.940]  committed while prominently displaying a deadly weapon it's a felony you don't
[01:10:50.940 --> 01:10:58.020]  report it you can go to jail so you cannot be punished when you report it
[01:10:58.020 --> 01:11:02.180]  and it is not intended that you be a suffice as sophisticated even as the
[01:11:02.180 --> 01:11:08.220]  officer you're just a layperson you file a criminal criminal complaint and it's
[01:11:08.220 --> 01:11:19.780]  intended to be not necessarily perfect that's why it goes to a magistrate so
[01:11:19.780 --> 01:11:25.820]  Randy as long as you feel threatened no and that goes into that category right
[01:11:25.820 --> 01:11:33.220]  I'm sorry that was really not accurate if you believe what the complaint says I
[01:11:33.220 --> 01:11:44.180]  have reason to believe and do believe does not say I am right I know what I'm
[01:11:44.180 --> 01:11:48.260]  talking about says I have reason to believe and do believe and that is all
[01:11:48.260 --> 01:11:55.780]  you need you don't even need firsthand knowledge if my neighbor come to me in
[01:11:55.780 --> 01:12:03.460]  said my next-door neighbor was out there in the backyard and he hung a cat from a
[01:12:03.460 --> 01:12:11.020]  tree but I'm not gonna say anything I'm afraid of that guy that gives me reason
[01:12:11.020 --> 01:12:15.900]  to believe and if I trust my neighbor then I do believe that he committed that
[01:12:15.900 --> 01:12:23.020]  crime and I have a duty to report it I have a right and a duty so if I don't do
[01:12:23.020 --> 01:12:29.980]  it I'm in trouble if I do do it I can't get in trouble and if anybody says oh you
[01:12:29.980 --> 01:12:37.980]  got to be careful you can get in a lot of trouble witness tampering obstruction
[01:12:37.980 --> 01:12:49.820]  that gets deep real fast so okay back to Ralph in Texas do process while you may
[01:12:49.820 --> 01:12:58.620]  not have a right to an examining trial you do have a right to do process of law
[01:12:58.620 --> 01:13:05.340]  and the law commands any officer who arrests the person for any reason to
[01:13:05.340 --> 01:13:09.820]  take that person directly to the nearest and magistrate for preliminary
[01:13:09.820 --> 01:13:15.140]  hearing that is consistent across the United States because it is a
[01:13:15.140 --> 01:13:25.340]  constant a federal constitutional requirement that made sense Ralph yes
[01:13:25.340 --> 01:13:29.780]  sir I have a couple more though any official who exerts your reports to
[01:13:29.780 --> 01:13:35.820]  exert I can't find that where does that come from it starts out with 18 US code
[01:13:35.820 --> 01:13:41.220]  24 oh wait wait okay hold on say that again so I'm sure I'm answering the
[01:13:41.220 --> 01:13:46.660]  right question that's the one that you use a lot any official who exerts or
[01:13:46.660 --> 01:13:51.660]  reports to exert an authority they do not expressly okay okay gotcha gotcha in
[01:13:51.660 --> 01:14:00.100]  the Fed it's 18 US code 242 in the state of Texas it's 39.03 Texas penal code
[01:14:00.100 --> 01:14:09.220]  okay and every state has one they have a statute that reflects 18 US code 242
[01:14:09.220 --> 01:14:17.140]  but a violation of that would have the effect of denying due process it would
[01:14:17.140 --> 01:14:22.740]  fall under either the state or the Fed kind of a catch a lot everybody should
[01:14:22.740 --> 01:14:31.340]  know that statute and have it memorized it's a catch all for everything so this
[01:14:31.340 --> 01:14:36.740]  thing of filing criminal complaints you're protected and Chief Jones said
[01:14:36.740 --> 01:14:41.660]  last week that these officers you say oh man get this guy ought to do that cuz
[01:14:41.660 --> 01:14:49.540]  that puts us in a precarious position yeah that's the idea they get put in a
[01:14:49.540 --> 01:14:54.940]  few precarious positions they're gonna get a lot more careful well what is there
[01:14:54.940 --> 01:15:00.020]  a rule that requires the jailer to have papers because the only one I have found
[01:15:00.020 --> 01:15:13.300]  I'll bring it up here okay article 11.62 refusal to give copy of process that
[01:15:13.300 --> 01:15:17.220]  that doesn't say that the jailer has to have process before they can accept
[01:15:17.220 --> 01:15:24.660]  someone in the jail they're in order for a someone to be placed in jail there
[01:15:24.660 --> 01:15:34.580]  must be an order by a magistrate under 16.17 Texas code criminal procedure check
[01:15:34.580 --> 01:15:41.620]  that one if there is no order filed within 48 hours the accused has a right
[01:15:41.620 --> 01:15:50.580]  to discharge if the jailer does not have a warrant not a charging instrument a
[01:15:50.580 --> 01:15:56.820]  charging instrument gives the officer authority to arrest a person and bring
[01:15:56.820 --> 01:16:03.700]  them before a magistrate then the magistrate must issue a warrant and this
[01:16:03.700 --> 01:16:09.540]  is the warrant that would give the court jurisdiction and the jail authority to
[01:16:09.540 --> 01:16:18.060]  restrain without a warrant they got squat it and the case law says that the
[01:16:18.060 --> 01:16:23.820]  officer cannot release the person to a jailer for the purpose of taking them
[01:16:23.820 --> 01:16:29.540]  before magistrate or he can but he is still responsible for whether or not
[01:16:29.540 --> 01:16:36.180]  they do that so the jail is required to do it they can't just hold him until they
[01:16:36.180 --> 01:16:43.580]  feel like letting him go hang on got to go to break Randy Kelton Brett Fountain
[01:16:43.580 --> 01:16:48.700]  we'll let radio we'll be right back
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[01:17:39.860 --> 01:17:44.540]  available as well for more information please visit rule of law radio calm and
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[01:19:49.000 --> 01:19:57.000]  Okay, we are back, this is the rule of law radio, Randy Kelton, I'm Brad Soutton, and we're talking with Ralph in Texas
[01:19:57.000 --> 01:20:06.000]  Ralph, have we addressed all your issues there? You have some more questions?
[01:20:06.000 --> 01:20:15.000]  I have another question, maybe two, that's very good, Randy talked about that deep press, the deep process looked differently than it has before
[01:20:15.000 --> 01:20:22.000]  I think it's finally thinking in, so my question, the next question is actually for Chief Jones, if that's okay
[01:20:22.000 --> 01:20:27.000]  Chief Jones has stepped away until the next segment
[01:20:27.000 --> 01:20:31.000]  Oh, okay, well, I guess I'll just say another...
[01:20:31.000 --> 01:20:36.000]  He's checking into a motel, so...
[01:20:36.000 --> 01:20:42.000]  Well, the question, can I just throw it out there anyway real quick?
[01:20:42.000 --> 01:20:59.000]  Yeah. Okay, is Chief Jones as a chief versus the officers being lower than him, is he a respondent superior to those officers, and is that administrative?
[01:20:59.000 --> 01:21:02.000]  Okay, I'm not sure I'm just administrative
[01:21:02.000 --> 01:21:19.000]  No, he's not administrative, he is respondent superior, they stand in his shoes, if they commit crimes under his direction, he commits a crime
[01:21:19.000 --> 01:21:26.000]  Okay, under his direction, but I don't understand under his direction, here's the question
[01:21:26.000 --> 01:21:38.000]  We hire the sheriff, we hire the chief, the chief hires everybody else, they do what he tells them, what he trained them to do, the way he trained them to do it
[01:21:38.000 --> 01:21:44.000]  If he has not trained them properly, his problem, he's responsible
[01:21:44.000 --> 01:21:47.000]  Right
[01:21:47.000 --> 01:22:04.000]  Unless they commit a criminal act that is not committed under, you know, if they violate policy, then he can sidestep respondent superior
[01:22:04.000 --> 01:22:24.000]  But we can claim it anyway and he would have to prove that he's not responsible, that the actions of the officer were not from lack of proper training or in compliance with standing policy
[01:22:24.000 --> 01:22:35.000]  So regardless, he's on the dime until he proves that he has standing to get off the dime
[01:22:35.000 --> 01:22:37.000]  Okay
[01:22:37.000 --> 01:22:43.000]  See, we didn't train him, we didn't hire him, we didn't have any input in that process
[01:22:43.000 --> 01:22:44.000]  Right
[01:22:44.000 --> 01:22:57.000]  So it's up to him to hire good officers, he doesn't, you know, we can't have a chief hire a whole bunch of Jack Booty thugs and not be responsible for their behavior
[01:22:57.000 --> 01:23:07.000]  There's a sheriff out in East Texas that, I'm kind of giving him a hard time right now about this very matter
[01:23:07.000 --> 01:23:14.000]  I've never met the man, he might very well be a fine man, but he's hired some people that are breaking the law
[01:23:14.000 --> 01:23:18.000]  And so I'm holding the sheriff accountable for that
[01:23:18.000 --> 01:23:27.000]  He needs to be accountable, you know, I didn't hire the deputy and I didn't hire the instructors
[01:23:27.000 --> 01:23:38.000]  So the sheriff has to be where the buck stops, because we the people elected the sheriff
[01:23:38.000 --> 01:23:55.000]  Here's what I read, is that respondent superior, unless you prove that their policies are what's done action, then the respondent superior is not responsible for what the officer does
[01:23:55.000 --> 01:23:59.000]  Well, that's not exactly how it works
[01:23:59.000 --> 01:24:21.000]  When you make the claim of respondent superior, you can make the claim, he has to prove, in order to get him actually convicted as respondent superior, you would have to prove up your accusation
[01:24:21.000 --> 01:24:26.000]  But you don't, in order to make the accusation
[01:24:26.000 --> 01:24:32.000]  In Texas, sorry, go ahead
[01:24:32.000 --> 01:24:42.000]  In Texas, we have, in the penal code, we have 7.02, criminal responsibility for conduct of another
[01:24:42.000 --> 01:25:00.000]  And a person is criminally responsible for an offense committed by the conduct of another, if, and there are several different reasons why they might be, one of them is that he had a legal duty to prevent commission of the offense
[01:25:00.000 --> 01:25:14.000]  Another potential reason why somebody would be responsible and culpable for that other person's act is if he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense
[01:25:14.000 --> 01:25:22.000]  So all that goes to how he was trained
[01:25:22.000 --> 01:25:31.000]  Well, see, there's obviously a lot of different nuances to this
[01:25:31.000 --> 01:25:43.000]  But the cases I was reading said that respondent superior is not responsible for what the officers do unless it can be proven that that is their policy
[01:25:43.000 --> 01:26:00.000]  That's respondent superior's fault for not training along those lines. The only other way that a respondent superior can be responsible for what the lower echelon does is if they are personally involved
[01:26:00.000 --> 01:26:17.000]  So if an officer is out to arrest you and he calls his supervisor, he's just asking a question. But if that respondent superior's supervisor says, well, look, you need to charge them with this, this, or this, and you need to search their car
[01:26:17.000 --> 01:26:29.000]  Well, that's getting personally involved as far as I understand it. But what I was going to ask the chief was, you know, what's his experience with that and what is the threshold between personally involved?
[01:26:29.000 --> 01:26:36.000]  If an officer just calls his supervisor and says, hey, I've got this guy out here who's talking all this stupid stuff, how am I supposed to do it?
[01:26:36.000 --> 01:26:49.000]  And then the superior just says, arrest me. Okay, well, that's okay. I don't think that's getting personally involved. But there is a line where one does get personally involved.
[01:26:49.000 --> 01:27:02.000]  And that's I'm not sure where to understand what that line is. How much can a respondent superior say to the subordinate and how much can they not say without becoming personally involved?
[01:27:02.000 --> 01:27:25.000]  You're speaking to an issue that is always going to be fact based and always going to be viewed in consideration of all of the facts. This is a fine nuance and you don't have to consider all those in making the accusation.
[01:27:25.000 --> 01:27:32.000]  Well, no, this is different, Randy. This is already in a civil case.
[01:27:32.000 --> 01:27:43.000]  Okay, but when you're reading a civil case, the kinds of things you were stating are going to go to a fact set.
[01:27:43.000 --> 01:28:01.000]  You have an officer out here who pulls someone over and for something that's not illegal. But these officers have been doing this on a regular basis for a considerable period of time. Who's responsible?
[01:28:01.000 --> 01:28:13.000]  The policy maker. If it's not a written policy and most of these improper policies are not written policies, who's responsible?
[01:28:13.000 --> 01:28:32.000]  Well, I can't remember the terminology, but it's something like supported and or allowed that behavior.
[01:28:32.000 --> 01:28:55.000]  But so what does allowed mean? Does it mean that the chief failed to stop the behavior or that the chief didn't know about the behavior or the chief knew about the behavior and just look the other way?
[01:28:55.000 --> 01:29:04.000]  That's the three hard questions that the courts are making very difficult for anyone.
[01:29:04.000 --> 01:29:14.000]  That's why respondeat superior is always going to be fact based and go to the reasonable person of ordinary prudent standard.
[01:29:14.000 --> 01:29:33.000]  So in order to make the accusation of respondeat superior, we don't have to find all those distinctions. We made the accusation and let the respondeat superior show that he did not direct these people.
[01:29:33.000 --> 01:29:41.000]  If you are under the direction of the chief, the presumption must be that the chief directed you.
[01:29:41.000 --> 01:29:48.000]  So now that's prima facia, now it's up to the chief to overcome prima facia.
[01:29:48.000 --> 01:30:03.000]  So to say that you have to conclusively prove would be inconsistent with normal justice. Hang on, about to go to break. We'll be right back.
[01:30:03.000 --> 01:30:13.000]  Since 9-11, our government has used invasive measures like warrantless phone taps to keep us safe from terrorists, but too much government surveillance could actually put us at greater risk.
[01:30:13.000 --> 01:30:36.000]  I'm Dr. Catherine Albrecht and I'll be back with the unsettling truth in just a moment.
[01:30:44.000 --> 01:31:03.000]  Our greatest threat isn't terrorists, it's government. According to political science professor RJ Rummel, 20th century governments murdered nearly 300 million of their own citizens, 6 times more than all the centuries war is combined, and governments that kill have one thing in common, too much power.
[01:31:03.000 --> 01:31:09.000]  Surveillance is government power, and historically governments have used surveillance to protect themselves rather than citizens.
[01:31:09.000 --> 01:31:22.000]  If you think such abuse couldn't happen in the U.S., just look back to Watergate. Join me in opposing the Patriot Act and let's return to the best protection of federal government with limited powers in accordance with the U.S. Constitution.
[01:31:22.000 --> 01:31:31.000]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
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[01:33:18.000 --> 01:33:47.000]  The way you come with temptations, they're trying to buy the whole place.
[01:33:47.000 --> 01:34:09.000]  Okay, we are back. This is the Rule of Law Radio, Randy Kelton here, and I'm Brad Fountain. On this 30th day of August and 2019, we are speaking with Rouse in Texas.
[01:34:09.000 --> 01:34:31.000]  Rouse, let me take a step back. We may not be in the same place. You're asking about respondeats superior. From what perspective are you considering respondeats superior?
[01:34:31.000 --> 01:34:49.000]  From when can you make the charge? How do you defend yourself from the charge? Or when can you get a conviction? I'm not sure what perspective you're looking at it from.
[01:34:49.000 --> 01:35:04.000]  Okay, see, I'm reading cases that say that the respondeats superior has immunity unless he is personally involved in the unlawful arrest.
[01:35:04.000 --> 01:35:17.000]  And I don't understand. I mean, I think I'm putting out personal involvement, but the court is saying no. So, I mean, does that mean anything? Because you can never tell what they're saying in the lower court.
[01:35:17.000 --> 01:35:34.000]  Okay, well, let me address it this way. If a police officer arrests someone and takes them to jail, and he does that in compliance with well-established police policy,
[01:35:34.000 --> 01:35:49.000]  now the sheriff or the chief of police doesn't have anything to do with that arrest. Is the sheriff or chief of police respondent as respondeats, I'm sorry, responsible?
[01:35:49.000 --> 01:36:02.000]  I didn't do that right. Is the sheriff or chief of police responsible as respondeats superior?
[01:36:02.000 --> 01:36:13.000]  Well, you know, you're wording that in a different way. I'll go with that, but is it responsible as aiding and abetting an unlawful act?
[01:36:13.000 --> 01:36:24.000]  In other words, does he completely lose his respondent superior? I know I'm not saying that right, but does he completely lose that immunity if he is personally involved?
[01:36:24.000 --> 01:36:27.000]  And at what point does he become personally involved?
[01:36:27.000 --> 01:36:44.000]  Yeah, and what as respondeats superior is it not his responsibility to ensure that his subordinates act in accordance with his charter?
[01:36:44.000 --> 01:37:05.000]  His charter goes to his oath of office to enforce the laws and protect the Constitution. So if he conducts his or manages his office in such a way that violations of due process are committed as a matter of course,
[01:37:05.000 --> 01:37:17.000]  even though he did not specifically tell the police that when you arrest someone, you must take them directly to jail.
[01:37:17.000 --> 01:37:39.000]  But when they do that, he doesn't take any action to prevent them from doing that. While he wasn't directly responsible for the arrest or the carriage straight to jail, is he responsible as respondeats superior?
[01:37:39.000 --> 01:37:56.000]  Well, I would have to go and find those paragraphs and send them to you. And maybe you can make sense out of them, because what you're saying is making sense, but almost certainly grasping everything that the court is saying.
[01:37:56.000 --> 01:38:18.000]  Here's a problem with case law. Case law is always going to be fact based. And when you read the synopsis of the case law, it doesn't always clarify the fact set that led them to this particular ruling.
[01:38:18.000 --> 01:38:34.000]  So sometimes you have to look deeper at the fact set to see how they got there. There's a lot of cases out there and the judges don't always have all of the cases before them. And we get inconsistent case law all the time.
[01:38:34.000 --> 01:38:51.000]  So you have case law here that addresses a specific issue, but it doesn't negate all other similar related issues. Does that make sense?
[01:38:51.000 --> 01:39:13.000]  Maybe you want to listen to it again. My mind's on the floor. Can I ask you another way to say it? One of them you're going to like one of them for sure. Two more questions is Code Criminal Procedure Article 2.03, Neglective Duty.
[01:39:13.000 --> 01:39:29.000]  And this is B. It is the duty of the trial court, the attorney representing the accused, the attorney representing the state, and all peace officers to so conduct themselves as to ensure a fair trial for both the state and the defendant.
[01:39:29.000 --> 01:39:52.000]  Not impair the presumption of innocence and at the same time, afford the public the benefit of a free press. So if you're a court-appointed attorney, throws you under the bus, can he be violating due process under Code Criminal Procedure?
[01:39:52.000 --> 01:40:13.000]  That is a good question. I've read that and it always struck me as just fluff because everything in there is addressed elsewhere. But the idea of using that to hammer defense counsel is a great idea.
[01:40:13.000 --> 01:40:37.000]  Okay, I've got one more. Let me find it here. Oh, yes. Okay, this is 3903B. For purposes of this section, a public servant acts under color of his office or employment if he acts or purports to act in an official capacity or takes advantage of such actual or purported capacity.
[01:40:37.000 --> 01:40:56.000]  Now, is that standalone? I'm like having this, you know, really serious brain fog here or something because 3903A, and you look at all of it together and it's, I don't know, 3903B.
[01:40:56.000 --> 01:41:16.000]  Well, there's a video watched recently where a policeman, somebody I guess was just getting dashcam videos. One of them showed a policeman stopping a judge. And when the judge, the judge said to the policeman,
[01:41:16.000 --> 01:41:32.000]  wouldn't you recognize me? And the policeman said, no, he didn't. And he told him that he was a judge in a certain court. And then the policeman, oh, oh, I didn't recognize you. I'm sorry, judge, and let him go.
[01:41:32.000 --> 01:41:42.000]  Would he be violating 3903B?
[01:41:42.000 --> 01:41:58.000]  That was his position. That was the judge. That was the judge taking advantage of his position. Yes. Okay. Okay. Okay. See, but what confused me is, A, a public servant acting under color of law of his office, employment,
[01:41:58.000 --> 01:42:15.000]  and that's an offense if he won or two. But B, so it is standalone. That's what I was wondering. Yeah. Yes, standalone. 3903A goes to misfeasance and malfeasance.
[01:42:15.000 --> 01:42:31.000]  Failing to perform a duty is required to perform misfeasance or exerting or purporting to exerting authority doesn't have malfeasance. 3903B goes to improper use of your office or position.
[01:42:31.000 --> 01:42:49.000]  If he used his office or position to prevent his neighbor from doing something he didn't want his neighbor to do because he was a judge, that would go to B. Or like in this case, to get out of a ticket.
[01:42:49.000 --> 01:43:03.000]  Okay. This is a stretch. What about a magistrate that issues an arrest warrant that lacks probable cause or based on a criminal complaint that lacks any elements in an offense and lacks probable cause
[01:43:03.000 --> 01:43:17.000]  and then tells the arrestee, hands him a piece of paper saying, here's how you can pay your fine. That would be due process violation. That would be true.
[01:43:17.000 --> 01:43:28.000]  That would be straight. That would be 3903A malfeasance.
[01:43:28.000 --> 01:43:31.000]  3903A1.
[01:43:31.000 --> 01:44:00.000]  3903A exerts or purports to exerting authority doesn't press a half. Okay. Thank you Ralph. Okay. We'll come back. We're going to Canada, New York. We'll be right back.
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[01:46:13.000 --> 01:46:17.000]  And the other person is probably you.
[01:46:17.000 --> 01:46:20.000]  Yeah, yeah, yeah, yeah.
[01:46:20.000 --> 01:46:24.000]  Yeah, but Jerry, sing reality.
[01:46:24.000 --> 01:46:27.000]  Yeah, yeah, yeah.
[01:46:27.000 --> 01:46:32.000]  Okay, cut my slurping around. Come on, sing Jerry, come on.
[01:46:32.000 --> 01:46:57.000]  Yeah, yeah, yeah.
[01:46:57.000 --> 01:47:07.000]  Okay, we are back. Randy Kelton, rule of law radio, Randy Kelton, Brett found a rule of law radio on this 30th day of August 2019.
[01:47:07.000 --> 01:47:10.000]  And we have chief back.
[01:47:10.000 --> 01:47:19.000]  And on the break, we were talking about chief, we call him chief because he was a chief of police.
[01:47:19.000 --> 01:47:28.000]  Tell us what you were saying about if you're called out and asked to arrest one of your officers.
[01:47:28.000 --> 01:47:32.000]  Well, I was just running it through my mind.
[01:47:32.000 --> 01:47:37.000]  And I'm an honest guy, whether whether it gets me in trouble or not, I'm just an honest guy.
[01:47:37.000 --> 01:47:50.000]  I was thinking back. Now, of course, in my younger years, I might have, for lack of a better word, fluffed it off by saying, no, no, no, it don't work like that.
[01:47:50.000 --> 01:47:56.000]  Of course, that would have been my ignorant for my, you know, just lack of knowledge. Okay.
[01:47:56.000 --> 01:48:09.000]  But say once I've been around a while, I would know, and I would say when I got to the scene, just like I've been to many scenes, where the officer called me out.
[01:48:09.000 --> 01:48:20.000]  Sometimes very seldom, but occasionally somebody would call the non-emergency number occasionally 911 and say, the police officer straight in the bed, they need help.
[01:48:20.000 --> 01:48:29.000]  So they call me as the chief or supervisor, whatever I was, I get there, I talk to the officer, I talk to the person.
[01:48:29.000 --> 01:48:37.000]  I never, in my whole career, anybody say, arrest that officer for so-and-so just didn't happen.
[01:48:37.000 --> 01:48:49.000]  But running through my minor scenario, what if I was on the street today and somebody made a valid felonious complaint?
[01:48:49.000 --> 01:48:55.000]  If I don't arrest the officer, I'm in deep trouble, eventually.
[01:48:55.000 --> 01:49:03.000]  Of course, the government's going to cry and smooth it over and say, well, you know, he this and he that, and that's what they're counting on.
[01:49:03.000 --> 01:49:17.000]  But if you actually do arrest the officer, disarm him, cuff him and take him down to jail, there's actually a policy at a lot of departments that said if an officer is arrested on duty,
[01:49:17.000 --> 01:49:28.000]  he shall be divested of his badge, his ID, his weapons, his firearms, and he shall wear his T-shirt and whatever dress pants he has to jail.
[01:49:28.000 --> 01:49:34.000]  And as soon as he is in a jail uniform, you will bring the rest of the uniform back and secure it.
[01:49:34.000 --> 01:49:39.000]  So there is procedures for arresting an officer on duty.
[01:49:39.000 --> 01:49:52.000]  But, you know, that's usually when officers have been found drunk on duty or intoxicated on illegal substances and it's happened.
[01:49:52.000 --> 01:50:01.000]  But, you know, just say it's a traffic stop and I got called out and they said, well, the officer scared me and I want you to arrest him or I think he threatened me.
[01:50:01.000 --> 01:50:03.000]  I want you to arrest him.
[01:50:03.000 --> 01:50:14.000]  You know, the first thing that's going to run through my mind is I know my officers and I know if that's in this far reaching possibility or not.
[01:50:14.000 --> 01:50:21.000]  And I'm going to have to determine the credibility of the complainant.
[01:50:21.000 --> 01:50:22.000]  Okay.
[01:50:22.000 --> 01:50:24.000]  I have a question.
[01:50:24.000 --> 01:50:25.000]  Sure.
[01:50:25.000 --> 01:50:34.000]  How do you get authority to trump the determination of a credible person?
[01:50:34.000 --> 01:50:41.000]  And a credible person is defined as anyone over 18, never convicted of a felony.
[01:50:41.000 --> 01:50:46.000]  I once had a prosecutor say, well, Mr. Kelton, I don't consider you credible.
[01:50:46.000 --> 01:50:50.000]  Well, maybe not, but the law does by statute.
[01:50:50.000 --> 01:51:07.000]  So when a credible person makes a criminal accusation, then how is their accusation of less import or less authority than yours?
[01:51:07.000 --> 01:51:18.000]  Well, I can just tell you the way I was trained and the way we were trained and I was trained this away in five different states.
[01:51:18.000 --> 01:51:22.000]  I mean, there was a little variance, but it basically come down the same.
[01:51:22.000 --> 01:51:25.000]  So I'm going to take it as a national thing overall.
[01:51:25.000 --> 01:51:29.000]  They may change the flavor a little bit, but it's still Kool-Aid.
[01:51:29.000 --> 01:51:47.000]  So here's the thing they say, if you get to a scene, you have to make some logical reasoning and you have to be able to extrapolate to a judge, a jury, a prosecutor, local newspapers,
[01:51:47.000 --> 01:51:57.000]  whoever it may be that questioned what you did or did not do, you have to be able to satisfactory, explain it to the public in general,
[01:51:57.000 --> 01:52:06.000]  with the need arises for the prosecutor that they said or did things that cause you to doubt their honesty,
[01:52:06.000 --> 01:52:14.000]  or you know them to be a liar or you know them to be an ill repute and therefore not a credible witness.
[01:52:14.000 --> 01:52:17.000]  But they all did say this.
[01:52:17.000 --> 01:52:30.000]  They said, if the person is 18 years of age and you do not have any personal knowledge of them being a person of reprobate mind, liar, cheat, these social things,
[01:52:30.000 --> 01:52:34.000]  then you have to take a felony on the face value.
[01:52:34.000 --> 01:52:37.000]  So what you're saying?
[01:52:37.000 --> 01:52:52.000]  So if I say, if I call you out and I say, this officer demanded that I stop videotaping this officer while he's acting in the performance of his duty.
[01:52:52.000 --> 01:53:01.000]  When I objected, he insisted and thereby exerted or purported to exert an authority he did not expressly have in the process.
[01:53:01.000 --> 01:53:08.000]  And I mean, pull free access to him, draw him and write, arrest him. What do you do?
[01:53:08.000 --> 01:53:18.000]  You know, I could tell you a lot of things, but to you actually get on the hot seat, I believe it would be dishonest to say exactly what I'd do.
[01:53:18.000 --> 01:53:26.000]  But if it's you, I'm probably going to arrest him.
[01:53:26.000 --> 01:53:36.000]  But no, seriously, what's going to happen? I mean, if I believe it's reasonable, incredible and it's articulable,
[01:53:36.000 --> 01:53:48.000]  and I have, you know, no good reason that I could go in front of a judge or prosecutor or the governor or whoever and say, listen,
[01:53:48.000 --> 01:53:58.000]  they made a complaint that they could not articulate to meet the statute per my understanding.
[01:53:58.000 --> 01:54:08.000]  And my job is to keep the peace. So I actually relieved the officer of duty, put him on suspension pending an investigation.
[01:54:08.000 --> 01:54:18.000]  And I have forwarded all the information to you to, for you to make a determination as the attorney general or a state's attorney or B.A. if I want to issue,
[01:54:18.000 --> 01:54:26.000]  he cannot return to work or purport himself as a police officer till this is decided. And that's probably what I would do.
[01:54:26.000 --> 01:54:35.000]  I put him in Australia of leave pending the outcome of investigation and sent him home in securities, farm and interventional.
[01:54:35.000 --> 01:54:38.000]  Go ahead, Brett.
[01:54:38.000 --> 01:54:50.000]  I tend to think that you are one of the few, if you would consider that as a valid option, because it tends to be, in my experience,
[01:54:50.000 --> 01:54:59.000]  once the supervisor is apprised of any of the facts, he starts to consider himself part of the judiciary.
[01:54:59.000 --> 01:55:09.000]  And he's just going to make his own decision about what he thinks is right. And he thinks he has a gavel in his hand.
[01:55:09.000 --> 01:55:12.000]  He starts to go to the merits.
[01:55:12.000 --> 01:55:28.000]  Did we make this argument about your authority as a peace officer to trump the authority of a citizen in a republic?
[01:55:28.000 --> 01:55:30.000]  Were you here when we did that?
[01:55:30.000 --> 01:55:32.000]  I don't think so.
[01:55:32.000 --> 01:55:35.000]  Here's the position I'm taking.
[01:55:35.000 --> 01:55:36.000]  Yes.
[01:55:36.000 --> 01:55:44.000]  That when a police officer files a criminal complaint, he does not do so in his capacity as a police officer,
[01:55:44.000 --> 01:55:52.000]  because there's nothing in law that specifically authorizes a police officer to file a complaint.
[01:55:52.000 --> 01:56:02.000]  Everything in that law that authorizes the filing of a complaint authorizes a credible person to file a complaint.
[01:56:02.000 --> 01:56:12.000]  So while the police officer investigates crime, when he files a complaint, he does so in his capacity as a credible person.
[01:56:12.000 --> 01:56:22.000]  Well, the citizens are equally credible persons. So if I make an accusation to a police officer that a crime has been committed,
[01:56:22.000 --> 01:56:32.000]  and I have to articulate all of the elements of the crime, otherwise I have not made a criminal complaint.
[01:56:32.000 --> 01:56:34.000]  I'm just complaining.
[01:56:34.000 --> 01:56:42.000]  Let's say I say he exerted a purportage to the authority he didn't especially have, and I give evidence that he did that.
[01:56:42.000 --> 01:56:48.000]  What power does one credible person have to trump another?
[01:56:48.000 --> 01:56:56.000]  As I understand, when a policeman has it made known to him that a crime has been committed,
[01:56:56.000 --> 01:57:09.000]  he has a duty to take the person before the nearest magistrate, and it is the magistrate that makes a determination on the sufficiency of the allegation not the police officer.
[01:57:09.000 --> 01:57:11.000]  Does that make sense?
[01:57:11.000 --> 01:57:20.000]  Well, I'm going to be just as absolutely honest as I can because this helps me, it helps you, it helps everybody.
[01:57:20.000 --> 01:57:33.000]  Probably policemen or judges or attorneys out there listening tonight, and the way they teach you is the police academy versus actually what the law says, don't meet up.
[01:57:33.000 --> 01:57:42.000]  So it goes back to the basic training, and then it goes to street training that's even further away from that.
[01:57:42.000 --> 01:57:51.000]  So you're like five degrees or three degrees of separation between the law and what you do.
[01:57:51.000 --> 01:57:53.000]  Yes, we're very aware of that.
[01:57:53.000 --> 01:58:03.000]  That is exactly where the procedures that I tend to push go to goes to retraining.
[01:58:03.000 --> 01:58:18.000]  The idea that we take a policeman up, good honest policeman like you, and put you on this tiny little dime, and you have to make this really, really hard decision.
[01:58:18.000 --> 01:58:29.000]  If you're the supervisor, when we get done with you, you're going to tell these people you supervise, don't you ever get me in a spot like that again?
[01:58:29.000 --> 01:58:33.000]  Well, hang on.
[01:58:33.000 --> 01:58:35.000]  Let's go to break.
[01:58:35.000 --> 01:58:37.000]  This is Randy Kelton.
[01:58:37.000 --> 01:58:41.000]  I'm having way too much fun here.
[01:58:41.000 --> 01:58:50.000]  We'll be right back.
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