ROL_2019-09-27_16k_Hr1-2.timecode

[00:10.560 --> 00:18.240]  Gold at $1,429 an ounce, silver, $16.45 an ounce, copper, $2.75 an ounce, oil, Texas
[00:18.240 --> 00:24.960]  crude, $55.63 a barrel, Brent crude, $62.47 a barrel, and crypto is in order of market
[00:24.960 --> 00:37.080]  cap, Bitcoin Core, $10,566.52, Ethereum, $227.26, XRP, Ripple, $0.33, Litecoin, $100.31, and
[00:37.080 --> 00:42.960]  Bitcoin Cash is at $324.10 a crypto coin.
[00:42.960 --> 00:52.280]  Today in history, the year 1916, the Preparedness Day bombing, a timed suitcase bomb, was detonated
[00:52.280 --> 00:57.600]  on Market Street in San Francisco during the World War I Preparedness Day parade, killing
[00:57.600 --> 00:59.600]  10 and injuring 40.
[00:59.600 --> 01:04.600]  Today in history.
[01:04.600 --> 01:09.240]  In recent news, since Governor Greg Abbott signed House Bill 1325, legalizing hemp and
[01:09.240 --> 01:13.800]  a Texas law back in June, county prosecutors around the state, including Houston, Austin,
[01:13.800 --> 01:17.920]  and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:17.920 --> 01:22.540]  new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:22.540 --> 01:24.600]  to test the herb for THC.
[01:24.600 --> 01:28.240]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.240 --> 01:32.880]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:32.880 --> 01:33.880]  law.
[01:33.880 --> 01:37.400]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.400 --> 01:41.920]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:41.920 --> 01:48.080]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works.
[01:48.080 --> 01:54.400]  As well as other cities, too, like the District Attorney in El Paso, Jaime Esparza, a Democrat,
[01:54.400 --> 01:58.800]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:58.800 --> 02:01.480]  prosecution of marijuana cases in El Paso.
[02:01.480 --> 02:06.560]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.560 --> 02:10.600]  in Harris County, who stated that, quote, the law is constantly changing on what makes
[02:10.600 --> 02:13.320]  something illegal based on its chemical makeup.
[02:13.320 --> 02:17.200]  It's important that if someone is charged with something, the test matches what they're
[02:17.200 --> 02:22.440]  charged with.
[02:22.440 --> 02:27.080]  A paper by Tulane University identified a five and a half inch American pocket shark
[02:27.080 --> 02:32.200]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.200 --> 02:37.840]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:37.840 --> 02:39.120]  Pacific Ocean.
[02:39.120 --> 02:43.640]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.640 --> 02:45.480]  its front fins.
[02:45.480 --> 02:50.760]  For the purpose, it is hypothesized to lure and prey who may be drawn into the glow.
[02:50.760 --> 03:11.360]  This is Brooke Rode with your lowdown for July 22nd, 2019.
[03:11.360 --> 03:40.560]  What you gonna do when you were eight and you had bad traits?
[03:40.560 --> 03:43.560]  You'll go to school and learn the golden rule.
[03:43.560 --> 03:46.400]  So why are you acting like a bloody fool?
[03:46.400 --> 03:48.960]  If you get hot then you must get cool.
[03:48.960 --> 03:54.640]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you?
[03:54.640 --> 03:56.080]  Okay, howdy, howdy.
[03:56.080 --> 04:00.400]  This is Randy Kelton here all by myself tonight.
[04:00.400 --> 04:03.520]  Brett Fountain's not going to make it this evening.
[04:03.520 --> 04:14.640]  We're on this Friday, the 27th day of November, 2019, and we have a very, very special guest
[04:14.640 --> 04:15.640]  tonight.
[04:15.640 --> 04:19.520]  We've had very special guests all the time, but this one is unique.
[04:19.520 --> 04:21.920]  This is Mr. Don Terry.
[04:21.920 --> 04:31.040]  He does the Agenda 21 show on this network, but he has had a legal issue.
[04:31.040 --> 04:37.600]  Everybody who listens to the show regularly, we tell them the system, when they come after
[04:37.600 --> 04:43.520]  you, they will charge you with the most outrageous thing they can so that they can force you
[04:43.520 --> 04:49.720]  into taking a most reasonable deal when they bring it to you.
[04:49.720 --> 04:58.040]  And the only way you're going to beat them is just never, ever give up.
[04:58.040 --> 05:02.880]  And I think Don is the epitome of never giving up.
[05:02.880 --> 05:05.940]  Don, welcome to our show.
[05:05.940 --> 05:07.320]  Thank you for having me on.
[05:07.320 --> 05:10.880]  It's a pleasure to be here.
[05:10.880 --> 05:14.800]  Give us a, well, tell us what happened.
[05:14.800 --> 05:22.520]  All right, several years ago I had a traffic stop, a couple of cops, and I had the law
[05:22.520 --> 05:25.040]  book with me here in Alabama.
[05:25.040 --> 05:28.960]  And so they walk up and want to see your license and registration, all that stuff.
[05:28.960 --> 05:34.940]  So I flipped to the pages, show him only persons are required to do that, show them the definition
[05:34.940 --> 05:36.520]  of persons.
[05:36.520 --> 05:41.560]  And it's the definition that's been around since the 1870s, which is natural person,
[05:41.560 --> 05:47.920]  comma, corporations, trust partnerships, governmental entities, S corporations, stuff like that.
[05:47.920 --> 05:49.580]  So he didn't know what to do.
[05:49.580 --> 05:52.800]  So he goes back to his car and radios for help.
[05:52.800 --> 05:59.360]  So dozen other cop cars show up, and a guy gets out and says he's an attorney, a lawyer,
[05:59.360 --> 06:00.360]  and I show him that stuff.
[06:00.360 --> 06:04.520]  I said, you'll understand this then, I show him that stuff.
[06:04.520 --> 06:05.520]  And they didn't know what to do.
[06:05.520 --> 06:10.120]  They didn't arrest me, but they wrote some tickets.
[06:10.120 --> 06:16.520]  And actually, one of the cops is still there, the other one, the first one is no longer
[06:16.520 --> 06:21.180]  at that city, municipal corporation anymore.
[06:21.180 --> 06:23.520]  And he may have actually been in some trouble.
[06:23.520 --> 06:25.620]  He may have hit another cop.
[06:25.620 --> 06:34.700]  His name shows up on Facebook as having hit a cop and having some problems.
[06:34.700 --> 06:38.360]  So anyway, so I sued them in federal court for rights violations.
[06:38.360 --> 06:40.920]  They misapplied a law to me.
[06:40.920 --> 06:46.480]  And so we just went through motions, never actually went into court.
[06:46.480 --> 06:49.720]  And they ruled against me, surprise, surprise.
[06:49.720 --> 06:55.720]  So I appealed it, went to Atlanta, but I wasn't working at home, I was working offsite.
[06:55.720 --> 07:02.880]  And by the time I went through one round of paperwork, and another one came, and by the
[07:02.880 --> 07:06.640]  time I got it, it went to the mailbox and it came to me where I was.
[07:06.640 --> 07:11.240]  I did my stuff and I mailed it in and it came up like a day or two late.
[07:11.240 --> 07:14.440]  So they dismissed it by a filing deadline.
[07:14.440 --> 07:20.960]  Then the cops turn around and file a criminal complaint against me for a law that was just
[07:20.960 --> 07:24.700]  recently passed at that time.
[07:24.700 --> 07:30.640]  And it's mainly, they said in court just Monday, they said that's mainly for people that file
[07:30.640 --> 07:33.260]  liens against public officials.
[07:33.260 --> 07:39.360]  But they applied it to me and said, I intimidated a public witness with a sham legal process.
[07:39.360 --> 07:42.240]  And so both cops signed a warrant.
[07:42.240 --> 07:51.140]  Now they did, in the midst of the past 10 months, one of the cops complaint has disappeared.
[07:51.140 --> 07:52.400]  It's not in the record anymore.
[07:52.400 --> 07:54.280]  My wife showed me that.
[07:54.280 --> 07:55.280]  But anyway-
[07:55.280 --> 07:57.880]  Wait, Don, don't say that too loud.
[07:57.880 --> 08:03.960]  Because I'm putting in an information request for all of the documents produced in your
[08:03.960 --> 08:05.480]  case.
[08:05.480 --> 08:11.800]  And when I go down there to pick them up, I'm gonna look for that document that's disappeared.
[08:11.800 --> 08:15.480]  And when I don't find it, I'm gonna file a criminal charge, you see.
[08:15.480 --> 08:19.440]  I'm gonna get the bailiff and ask him to arrest the judge and the prosecutor.
[08:19.440 --> 08:21.640]  Yeah, you can't just make it go away.
[08:21.640 --> 08:23.600]  Yeah, that should get into it.
[08:23.600 --> 08:24.600]  That's tampering.
[08:24.600 --> 08:27.240]  Somebody, I'm gonna ask the clerk, where did this thing go?
[08:27.240 --> 08:28.240]  I don't know.
[08:28.240 --> 08:30.560]  Well, who has access to this?
[08:30.560 --> 08:37.000]  Well, the prosecutor and the judge, okay, 911, one of them both arrested.
[08:37.000 --> 08:41.040]  Well, anyway, so they file this criminal complaint.
[08:41.040 --> 08:43.760]  I didn't even know about it, knew nothing about it.
[08:43.760 --> 08:47.640]  A couple of years later, I get stopped and they arrest me.
[08:47.640 --> 08:51.320]  So you got this warrant in Etowah County, Alabama.
[08:51.320 --> 08:52.320]  What's that for?
[08:52.320 --> 08:53.320]  We don't know.
[08:53.320 --> 08:54.800]  And they didn't know the law.
[08:54.800 --> 08:59.480]  And when I was processed in Huntsville, they looked it up and we don't know what that is.
[08:59.480 --> 09:00.480]  Never heard of that before.
[09:00.480 --> 09:02.480]  Their cops were laughing at it.
[09:02.480 --> 09:03.560]  So anyway, that's what it was.
[09:03.560 --> 09:09.720]  So I've spent since December 14th, well, in Huntsville, November the 1st, and I went through
[09:09.720 --> 09:13.440]  that process and I did some things wrong.
[09:13.440 --> 09:17.120]  But December 14th, I started facing the felony.
[09:17.120 --> 09:18.440]  So from December 14th-
[09:18.440 --> 09:20.060]  Was that last year?
[09:20.060 --> 09:27.960]  Last year, 2018, until now, Monday this week, I've been in jail.
[09:27.960 --> 09:29.880]  They wouldn't let me have any records.
[09:29.880 --> 09:34.560]  I've requested three or four times.
[09:34.560 --> 09:39.720]  The last time, to the clerk of the court, I put a series of boxes and said, why you're
[09:39.720 --> 09:40.720]  not giving me the records?
[09:40.720 --> 09:44.240]  You think I have an attorney, then the other ones are funny.
[09:44.240 --> 09:45.240]  You're competent.
[09:45.240 --> 09:46.240]  You don't know what you're doing.
[09:46.240 --> 09:48.660]  You can't find them.
[09:48.660 --> 09:53.400]  Another box, the last one says other, and please explain, to mark it and return it to
[09:53.400 --> 09:54.400]  me.
[09:54.400 --> 09:58.760]  Why you haven't given me any records, none, zero, nothing.
[09:58.760 --> 10:01.800]  So anyway, so they finally had a hearing Monday.
[10:01.800 --> 10:07.120]  They had me psychologically tested to see if I had a screw loose.
[10:07.120 --> 10:12.720]  Well, I passed that, and they did it so they could appoint an attorney for me.
[10:12.720 --> 10:15.580]  And it took me a couple of weeks to figure that out, and then I started writing stuff
[10:15.580 --> 10:16.920]  that says he's not my attorney.
[10:16.920 --> 10:17.920]  He doesn't speak for me.
[10:17.920 --> 10:19.000]  Nobody speaks for me.
[10:19.000 --> 10:20.000]  I speak.
[10:20.000 --> 10:21.040]  I don't even speak for me.
[10:21.040 --> 10:25.280]  I speak, is what I said.
[10:25.280 --> 10:31.760]  So anyway, I've been dogging them constantly and started putting up the cover page on every
[10:31.760 --> 10:32.760]  thing.
[10:32.760 --> 10:33.760]  I started filing it.
[10:33.760 --> 10:34.760]  He's not my attorney.
[10:34.760 --> 10:35.760]  He does not speak for me.
[10:35.760 --> 10:38.040]  So anyway, he actually shows up.
[10:38.040 --> 10:42.820]  Now, court appointed attorneys, I don't know if anybody's ever had experience with them,
[10:42.820 --> 10:44.760]  they're like a wet noodle.
[10:44.760 --> 10:46.520]  They just sit there.
[10:46.520 --> 10:51.360]  And the guys in jail have told me over and over again, they don't even know half the
[10:51.360 --> 10:55.800]  time who their court appointed attorney is, but when they know, they send them messages.
[10:55.800 --> 11:00.640]  You can send them little slips of paper with their name on it to want to see them, and
[11:00.640 --> 11:01.840]  they never come.
[11:01.840 --> 11:03.920]  They don't do anything.
[11:03.920 --> 11:07.500]  It's a black hole, information goes in and nothing comes out.
[11:07.500 --> 11:11.240]  So this guy actually shows up, he files a motion to dismiss.
[11:11.240 --> 11:16.820]  And he copied the writ of habeas that my wife had filed several days earlier, and it's a
[11:16.820 --> 11:18.920]  funny story with that going on.
[11:18.920 --> 11:24.200]  But he just copied it, cut and pasted, put it in there, and they were all too happy to
[11:24.200 --> 11:25.280]  think about it.
[11:25.280 --> 11:31.540]  And Monday, the state attorney for the state says, well, I just took this over, and I haven't
[11:31.540 --> 11:32.540]  looked at it yet.
[11:32.540 --> 11:36.360]  But I assure you, if it's not against the law to file a federal lawsuit, we will drop
[11:36.360 --> 11:37.360]  the charges.
[11:37.360 --> 11:41.360]  And I thought, you should have looked at it 10 months ago, you should have looked at it
[11:41.360 --> 11:44.720]  two years ago, before you filed it.
[11:44.720 --> 11:48.480]  He admitted on the record, and I gotta get a transcript of that.
[11:48.480 --> 11:59.000]  Okay, Don, I know why the lawyer didn't change anything in that habeas, I looked at it.
[11:59.000 --> 12:03.040]  I think I'm pretty good at writing documents.
[12:03.040 --> 12:08.360]  I wouldn't have changed anything either, nicely done.
[12:08.360 --> 12:12.580]  It was good, well done, spent a lot of time on it, they did.
[12:12.580 --> 12:15.720]  It's great to have people on the outside helping you.
[12:15.720 --> 12:21.380]  And that's all that time left, maybe before the break, but that's extremely, I'd still
[12:21.380 --> 12:22.380]  be there.
[12:22.380 --> 12:29.640]  That had me there for years, I never was arraigned, never had an initial court appearance.
[12:29.640 --> 12:34.720]  When they had a little meeting to have me psychologically tested, it was in a conference
[12:34.720 --> 12:38.200]  room, wasn't in a courtroom.
[12:38.200 --> 12:44.000]  So I was there 10 months without anything against me.
[12:44.000 --> 12:52.480]  You have a, you got no idea how many claims you got, no, the arrest, I could probably
[12:52.480 --> 13:02.640]  get 10 to 15 felony and misdemeanor charges on the arrest alone.
[13:02.640 --> 13:05.840]  If it was Texas, I get 19.
[13:05.840 --> 13:11.640]  I'm being conservative because I'm not as familiar with Alabama law, but all of this
[13:11.640 --> 13:15.700]  goes to federal law, federal due process.
[13:15.700 --> 13:19.360]  When they arrested you, did they take you directly to the nearest magistrate?
[13:19.360 --> 13:24.600]  Absolutely not, they took me directly to intake to the county jail.
[13:24.600 --> 13:28.800]  And then I wouldn't give them a social security number, so they put me in solitary in a freezing
[13:28.800 --> 13:32.160]  cold room with no bedding.
[13:32.160 --> 13:39.900]  Just a frame for a bed that's ice cold, and I sat there for about nine hours.
[13:39.900 --> 13:45.160]  This is torture, you got all kinds of stuff.
[13:45.160 --> 13:50.280]  There's so much, everything they do wrong, everything they do in an arrest, in every
[13:50.280 --> 13:54.720]  state I've looked at, is not just wrong.
[13:54.720 --> 14:02.620]  It is very specifically against particular law, multiple laws.
[14:02.620 --> 14:11.420]  And it's not just against law, it's against law toward a very specific purpose.
[14:11.420 --> 14:17.060]  Every step they take is intended to put a reasonable person of ordinary prudence in
[14:17.060 --> 14:24.320]  a position such that when the prosecutor makes a deal, they have no reasonable option to
[14:24.320 --> 14:27.340]  taking the deal.
[14:27.340 --> 14:32.400]  And you may be coming at a unique time.
[14:32.400 --> 14:43.720]  Right now, there is a very large push on to lower the federal and state bed rates.
[14:43.720 --> 14:49.720]  They have this situation they call mass incarceration.
[14:49.720 --> 15:00.080]  In 2003, the governor's criminal justice council, they meet every two years, they issued
[15:00.080 --> 15:10.960]  a report saying that the reason for this mass incarceration was that everybody who gets
[15:10.960 --> 15:13.480]  arrested takes a deal.
[15:13.480 --> 15:20.840]  Don, do you know what the average conviction rate for all crimes across the board is in
[15:20.840 --> 15:22.440]  every state I've looked at?
[15:22.440 --> 15:25.440]  It's the same.
[15:25.440 --> 15:34.000]  99.6, it rounds up to 100.
[15:34.000 --> 15:36.800]  And the reason?
[15:36.800 --> 15:39.180]  Everybody takes the deal.
[15:39.180 --> 15:46.940]  And what the council complained about is that when someone took a deal, almost exclusively
[15:46.940 --> 15:51.160]  part of the deal was probation.
[15:51.160 --> 15:56.040]  And I did some research to figure out why that happened in the state, in the county
[15:56.040 --> 16:07.120]  I live in, it's a small county, in 1996, there were 1653 felony indictments brought.
[16:07.120 --> 16:13.120]  One person pled not guilty by the court record, they tried him, he got thrown out on appeal.
[16:13.120 --> 16:16.240]  So the one they did, they couldn't get right.
[16:16.240 --> 16:21.880]  There were six fines charged, what the hell is going on here?
[16:21.880 --> 16:27.020]  Six fines and 1600 cases.
[16:27.020 --> 16:29.360]  We come back, I'll explain why.
[16:29.360 --> 16:35.260]  It's all about the money and it's all about who gets to keep the money.
[16:35.260 --> 16:44.080]  Hang on, Randy Hilton, the Wheel of Law radio, call in number 512-646-1984, we'll turn the
[16:44.080 --> 16:48.600]  boards on, if you have a question or comment, give us a call, we'll be taking your calls
[16:48.600 --> 16:53.420]  all night, this is our four hour info marathon.
[16:53.420 --> 17:04.000]  So hang on, we'll be right back.
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[19:29.480 --> 19:59.440]  Okay, we are back.
[19:59.440 --> 20:06.080]  Eddie Kelton, Rule of Law Radio here with our very special guest, Mr. Don Terry.
[20:06.080 --> 20:12.200]  And on the break, we were talking about the first thing the clerk gave you.
[20:12.200 --> 20:18.680]  Yeah, I requested the information that they have on me and all the court records and what
[20:18.680 --> 20:24.760]  she gave me was a case log summary, which is just line by line of what would happen.
[20:24.760 --> 20:30.120]  And another one, a court action summary or something that had a different name and it
[20:30.120 --> 20:32.400]  was in a different format.
[20:32.400 --> 20:35.240]  And it said I had an arraignment in 2015.
[20:35.240 --> 20:37.880]  Gosh, I don't remember being there.
[20:37.880 --> 20:40.800]  I wasn't arraigned, but there it had it.
[20:40.800 --> 20:46.320]  But then on the summary log, it didn't show any, maybe it was 2017, it didn't show any
[20:46.320 --> 20:48.360]  arraignment, any court hearing in that month.
[20:48.360 --> 20:52.300]  It was the month of November and there was nothing in the month of November.
[20:52.300 --> 20:55.400]  So one of those two documents is lying.
[20:55.400 --> 20:58.120]  So I never got them to address that issue, but.
[20:58.120 --> 21:01.680]  You don't have to prove which one is incorrect.
[21:01.680 --> 21:07.720]  So this is kind of what we've developed, how to address those issues.
[21:07.720 --> 21:13.100]  I've got two official court documents from the clerk.
[21:13.100 --> 21:19.440]  But they have facts that are mutually exclusive.
[21:19.440 --> 21:24.880]  I don't have to prove which one of them has been tampered with.
[21:24.880 --> 21:30.160]  I only have to show that one of them has to have been tampered with.
[21:30.160 --> 21:35.280]  I charged the clerk with tampering the government document and she's going to claim she has
[21:35.280 --> 21:37.760]  nothing to do with it.
[21:37.760 --> 21:39.760]  Your problem, not my problem.
[21:39.760 --> 21:46.700]  I'm sure when you get to a grand jury and explain it to them, they'll be very understanding.
[21:46.700 --> 21:51.860]  Because I am not understanding, it is your job to maintain the records in accordance
[21:51.860 --> 21:52.860]  with law.
[21:52.860 --> 21:55.320]  And these records aren't in accordance with law.
[21:55.320 --> 22:03.500]  So when she starts complaining, then, well, who filed these documents?
[22:03.500 --> 22:12.060]  And whoever filed the documents, if they're summaries, that's something the clerk created.
[22:12.060 --> 22:13.060]  Deal with it.
[22:13.060 --> 22:17.240]  Don't shoot me, I'm the messenger.
[22:17.240 --> 22:23.800]  I didn't create these laws, I just read them and now answer to them.
[22:23.800 --> 22:28.540]  When I look at records, primarily that's what I'm looking for.
[22:28.540 --> 22:29.540]  Where is there an error?
[22:29.540 --> 22:34.120]  And the more minor the error, the better.
[22:34.120 --> 22:43.000]  See, if a cop does something really horrible, he expects you to come after him for it.
[22:43.000 --> 22:48.560]  Then the prosecuting attorney will jump in there and they'll all slither up behind that
[22:48.560 --> 22:53.600]  thin blue line and they'll all protect each other.
[22:53.600 --> 22:59.940]  But when you charge them for something really minor, like I was mentioning on the break
[22:59.940 --> 23:07.280]  that for these First Amendment auditors, what they do is always the same.
[23:07.280 --> 23:13.160]  They go in there with cameras and just videotape public space.
[23:13.160 --> 23:15.440]  But this is public space, nobody ever videotapes.
[23:15.440 --> 23:21.000]  So these public officials think that space is their space and they get all indignant
[23:21.000 --> 23:25.800]  and unhappy and call the police and ask the police to make them stop.
[23:25.800 --> 23:28.000]  So it's always the same scenario.
[23:28.000 --> 23:30.200]  So there are about three or four things they do.
[23:30.200 --> 23:32.600]  The policeman comes out and says, can I help you?
[23:32.600 --> 23:35.900]  And they tell him no.
[23:35.900 --> 23:43.680]  And he will either ask them why they're videotaping or some of them just keep saying, can I help
[23:43.680 --> 23:44.680]  you?
[23:44.680 --> 23:49.000]  There's one video where the police followed this guy around for 20 minutes.
[23:49.000 --> 23:50.000]  Can I help you?
[23:50.000 --> 23:51.000]  Can I help you?
[23:51.000 --> 23:52.000]  Can I help you?
[23:52.000 --> 23:53.000]  And he wouldn't talk to him.
[23:53.000 --> 23:54.680]  He just ignored him.
[23:54.680 --> 23:56.480]  So they kept asking him, can I help you?
[23:56.480 --> 23:58.600]  They can even matter.
[23:58.600 --> 24:02.240]  Third time, they say, can I help you?
[24:02.240 --> 24:05.280]  First time, it's reasonable.
[24:05.280 --> 24:09.960]  And when they ask me if they can help me, oh, yeah, absolutely, you can.
[24:09.960 --> 24:15.720]  I hadn't had any coffee or donuts this morning, you can get me some.
[24:15.720 --> 24:20.240]  The second time they asked me, that's menacing.
[24:20.240 --> 24:24.720]  Now if you were to ask me that, that wouldn't be menacing.
[24:24.720 --> 24:30.320]  But these guys have more weapons on them than I carried in combat.
[24:30.320 --> 24:32.880]  They're bristling with weapons.
[24:32.880 --> 24:36.280]  Second time they asked me that question, that's menacing.
[24:36.280 --> 24:40.520]  Third time, that's aggravated assault, 911.
[24:40.520 --> 24:45.920]  Get somebody out here to arrest this guy for second degree felony, aggravated assault,
[24:45.920 --> 24:49.160]  I'll swear out the complaint, I'll wait.
[24:49.160 --> 24:55.840]  And then I take out the complaint already made up and say, I need your name right here.
[24:55.840 --> 25:01.880]  Do you want me to write it in or would you rather write it in to make sure you get it
[25:01.880 --> 25:03.240]  right?
[25:03.240 --> 25:08.840]  So the guy's thinking, what, what I do?
[25:08.840 --> 25:12.460]  The more minor it is, the better.
[25:12.460 --> 25:24.800]  And here with two documents that are inconsistent, you mentioned that there was no arraignment.
[25:24.800 --> 25:26.100]  That's correct.
[25:26.100 --> 25:30.440]  Without an arraignment, there can be no jurisdiction.
[25:30.440 --> 25:36.920]  You also, were you taken before a magistrate for a preliminary hearing?
[25:36.920 --> 25:42.840]  No, there was no hearing of any type for ten months until Monday.
[25:42.840 --> 25:49.680]  You might go to jurisimprudence.website.
[25:49.680 --> 25:51.460]  That's one of my sites.
[25:51.460 --> 25:57.120]  And on that site is a bunch of frogs, I call this the frog farm conspiracy.
[25:57.120 --> 26:03.280]  That frog on the left goes to a habeas that I wrote for a kid in Conroe.
[26:03.280 --> 26:05.740]  And it walks through due process.
[26:05.740 --> 26:13.800]  Now that's written in Texas law, but it directly follows the federal due process.
[26:13.800 --> 26:20.160]  And it starts out with Gerstein Pugh controlling case out of Florida.
[26:20.160 --> 26:27.760]  You're absolutely, you absolutely have a right to a preliminary hearing.
[26:27.760 --> 26:29.760]  It's a federal case.
[26:29.760 --> 26:37.280]  So state or federal, you have a constitutional right to a preliminary hearing.
[26:37.280 --> 26:44.400]  At a preliminary hearing, you will be faced by your accuser and have the opportunity to
[26:44.400 --> 26:48.720]  enter his culpatory evidence.
[26:48.720 --> 26:51.760]  That's why they don't want to give you one.
[26:51.760 --> 26:58.080]  The prosecutor doesn't want you to have a preliminary hearing because he wants to charge
[26:58.080 --> 27:05.800]  you with something outrageous and then use that to force you to take a deal out to something
[27:05.800 --> 27:06.800]  lesser.
[27:06.800 --> 27:11.860]  If you have the opportunity to enter his culpatory evidence, he's not going to have as much leverage
[27:11.860 --> 27:14.040]  against you.
[27:14.040 --> 27:15.820]  That's correct.
[27:15.820 --> 27:19.960]  First step, no preliminary hearing, due process.
[27:19.960 --> 27:23.760]  Everything after that is harm.
[27:23.760 --> 27:25.480]  I wonder how much we could get.
[27:25.480 --> 27:27.720]  Are you familiar with travizat?
[27:27.720 --> 27:28.720]  No.
[27:28.720 --> 27:29.720]  Okay.
[27:29.720 --> 27:38.800]  I think Brett's accused me of getting the emphasis on the wrong sololable.
[27:38.800 --> 27:40.820]  I do that sometimes.
[27:40.820 --> 27:44.200]  It's trazavat or travizat.
[27:44.200 --> 27:52.040]  He was in for 23 minutes and he got like $28,000.
[27:52.040 --> 27:57.600]  So that came to $1600 a minute or whatever the numbers were.
[27:57.600 --> 27:59.680]  I think he got $40,000.
[27:59.680 --> 28:04.760]  Whatever the numbers were, it came up to about $1600 a minute.
[28:04.760 --> 28:07.360]  So you don't need anything reasonable.
[28:07.360 --> 28:11.180]  You just need to show how you came to this number.
[28:11.180 --> 28:14.280]  So I wonder how many minutes are in a year.
[28:14.280 --> 28:16.280]  I have to figure it out.
[28:16.280 --> 28:17.280]  Yes.
[28:17.280 --> 28:30.920]  Based on this, a jury felt that it was appropriate to compensate this guy this much per minute.
[28:30.920 --> 28:40.320]  Therefore, based on this incarceration, which is much, much more onerous, we should charge
[28:40.320 --> 28:43.920]  that amount or charge $2000 a minute.
[28:43.920 --> 28:49.780]  Doesn't matter what you charge as long as you can say, this is how I got there.
[28:49.780 --> 28:59.680]  Their problem is when you walk in the door, the jury at the end of the day can assess
[28:59.680 --> 29:02.220]  whatever they want to.
[29:02.220 --> 29:08.960]  They can assess less than you asked or more than you asked, nothing at all, anything you
[29:08.960 --> 29:12.160]  want to, it's totally up to them.
[29:12.160 --> 29:20.160]  So in the real world, the number the jury will work from is the one you walked in the
[29:20.160 --> 29:22.600]  door with.
[29:22.600 --> 29:28.360]  So you want that as high as you can get it and say, this is how I got that number.
[29:28.360 --> 29:32.160]  And they can say, well, we don't think that's quite reasonable.
[29:32.160 --> 29:37.200]  It should only be half that.
[29:37.200 --> 29:43.600]  But more than that, you'll never win your case simply because you have the law and the
[29:43.600 --> 29:44.600]  facts on your side.
[29:44.600 --> 29:48.340]  And we're about to go to break and we'll talk about that when we come back.
[29:48.340 --> 29:51.480]  We do have the phone lines open, the call boards are empty.
[29:51.480 --> 29:54.080]  I'm not sure if the call boards are even working.
[29:54.080 --> 29:57.800]  But if you have a question or comment, give us a call.
[29:57.800 --> 29:59.440]  We'll be right back.
[29:59.440 --> 30:07.080]  Thousands of Florida motorists convicted of DUI may very well have been driving under
[30:07.080 --> 30:08.400]  the blood alcohol limit.
[30:08.400 --> 30:13.360]  I'm Dr. Catherine Albrecht, and I'll be back with a tale of bad breathalyzers and a government
[30:13.360 --> 30:15.920]  cover up in a moment.
[30:15.920 --> 30:17.520]  Privacy is under attack.
[30:17.520 --> 30:21.120]  When you give up data about yourself, you'll never get it back again.
[30:21.120 --> 30:25.880]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.880 --> 30:31.040]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:31.040 --> 30:33.640]  Privacy, it's worth hanging on to.
[30:33.640 --> 30:37.940]  This public service announcement is brought to you by StartPage.com, the private search
[30:37.940 --> 30:41.480]  engine alternative to Google, Yahoo, and Bing.
[30:41.480 --> 30:44.880]  Start over with StartPage.
[30:44.880 --> 30:47.040]  Ever hear the term fine farming?
[30:47.040 --> 30:51.580]  It's when cops find innocent people to bring in revenue in its apparently big business
[30:51.580 --> 30:53.880]  in the sunshine state of Florida.
[30:53.880 --> 30:59.840]  This case involves breathalyzers used to convict thousands of Florida motorists for DUI violations.
[30:59.840 --> 31:04.480]  Recently reporters discovered that the devices were improperly calibrated.
[31:04.480 --> 31:08.100]  State officials knew about it for two and a half years, but did nothing.
[31:08.100 --> 31:13.080]  In fact, the head of Florida's breath testing program ordered inspectors not to document
[31:13.080 --> 31:14.080]  the problem.
[31:14.080 --> 31:19.000]  A DUI conviction can ruin somebody's life, but now that the cover up has been exposed,
[31:19.000 --> 31:21.760]  perhaps Florida drivers can breathe a bit easier.
[31:21.760 --> 31:23.700]  I'm Dr. Catherine Albrecht.
[31:23.700 --> 31:26.760]  More news and information at CatherineAlbrecht.com.
[31:53.700 --> 32:00.700]  I'm Dr. Catherine Albrecht, and I'll see you in the next video.
[32:23.700 --> 32:30.700]  Thanks for watching.
[32:53.700 --> 33:00.700]  Thanks for watching.
[33:23.700 --> 33:41.100]  Okay, we are back, Randy Kelton, Rule of Law Radio, and we're talking to our very special
[33:41.100 --> 33:43.660]  guest, Mr. Don Terry.
[33:43.660 --> 33:46.220]  And on the break, we were talking about the habeas.
[33:46.220 --> 33:52.820]  Can you tell us about that?
[33:52.820 --> 33:55.700]  Really what we talked about during the break?
[33:55.700 --> 33:58.100]  Yeah, that was a really great document.
[33:58.100 --> 33:59.100]  I read that thing.
[33:59.100 --> 34:04.340]  I don't know who wrote that, but they did really nice work.
[34:04.340 --> 34:13.980]  And when a habeas is filed, the sheriff or whoever runs the jail where someone's being
[34:13.980 --> 34:22.740]  held must be noticed, and the sheriff must provide a return on the habeas.
[34:22.740 --> 34:28.900]  I got the most current records I've got since the habeas.
[34:28.900 --> 34:40.340]  I see the habeas reflected in the docket, and I see documents after the habeas, but
[34:40.340 --> 34:43.300]  I don't see a return.
[34:43.300 --> 34:45.100]  There must be a return on the habeas.
[34:45.100 --> 34:47.620]  Yeah, there has been none.
[34:47.620 --> 34:50.820]  That has been in the court record.
[34:50.820 --> 34:57.860]  Something that's occurred since the habeas was filed and before the return on the habeas
[34:57.860 --> 35:03.180]  or without a return on the habeas is criminal.
[35:03.180 --> 35:12.100]  Once you file a habeas, the court loses subject matter jurisdiction until the habeas is heard.
[35:12.100 --> 35:13.680]  That's what the law says, yes.
[35:13.680 --> 35:20.520]  And that created a kind of a conundrum because it appears as though the prosecutor read the
[35:20.520 --> 35:26.500]  habeas and said, we don't want to go here and dismiss the case.
[35:26.500 --> 35:29.260]  Yeah, that's exactly what happened.
[35:29.260 --> 35:35.620]  So what happens if you bring up the fact that they did not act properly on the habeas?
[35:35.620 --> 35:44.340]  Then the court can say, well, they didn't have jurisdiction to dismiss the case.
[35:44.340 --> 35:47.940]  Because when you file the habeas, jurisdiction stopped.
[35:47.940 --> 35:49.460]  Yes.
[35:49.460 --> 35:55.300]  And you're supposed to file the habeas in the next higher court or any other court.
[35:55.300 --> 35:56.740]  Doesn't matter where you file it.
[35:56.740 --> 36:03.700]  If you file it in the wrong court, the court that receives it is to take it to the court
[36:03.700 --> 36:07.240]  that is supposed to get it.
[36:07.240 --> 36:11.780]  So what happened was I would have filed it in the Supreme Court or Court of Criminal
[36:11.780 --> 36:13.260]  Appeals directly.
[36:13.260 --> 36:17.780]  They decided, my wife did, that they read the way the law read.
[36:17.780 --> 36:25.580]  So she filed it in the court that I was supposed to be in, the circuit court, which is just
[36:25.580 --> 36:26.940]  one under that.
[36:26.940 --> 36:32.020]  It's a higher court for felonies, and then I was accused of a felony, two felonies by
[36:32.020 --> 36:33.020]  the way.
[36:33.020 --> 36:37.300]  Okay, so they filed it there, gave them so many days, five days, nothing happened.
[36:37.300 --> 36:42.740]  Then they went to the Court of Criminal Appeals and actually got a case number for it.
[36:42.740 --> 36:50.020]  Sure, they got a case number for it, I woke up in my cell, and the guy says, a judge wants
[36:50.020 --> 36:51.020]  to see you.
[36:51.020 --> 36:58.100]  So I go outside, and he's not a judge, he's just another officer that does the video courts.
[36:58.100 --> 37:01.940]  But he comes up and says, we want to file this writ of habeas for you, but there's a
[37:01.940 --> 37:02.940]  filing fee.
[37:02.940 --> 37:08.100]  And by the way, prior to that, they notified my wife that there's a filing fee.
[37:08.100 --> 37:14.260]  And after she filed it, they gave me a copy of the writ of habeas and a letter that says,
[37:14.260 --> 37:18.640]  we're not going to file this because we need $400.
[37:18.640 --> 37:21.020]  So I got that in writing from the court clerk.
[37:21.020 --> 37:22.020]  Wonderful.
[37:22.020 --> 37:24.420]  He signed it, didn't sign it, but yeah.
[37:24.420 --> 37:27.860]  You got to know where you're going, this is good.
[37:27.860 --> 37:33.540]  So after it got a case number in the Court of Criminal Appeals, the video court guy,
[37:33.540 --> 37:42.260]  the judge, just an officer comes up and says, we got these substantial hardship forms and
[37:42.260 --> 37:46.220]  you fill it out and you can file it for free.
[37:46.220 --> 37:51.980]  Okay, writ of habeas is an extraordinary writ.
[37:51.980 --> 37:56.940]  It's outside the mainstream of pleadings and motions.
[37:56.940 --> 37:58.860]  It's extraordinary.
[37:58.860 --> 38:00.980]  That's why there's no filing fee for it.
[38:00.980 --> 38:05.060]  So my wife called around and yeah, all the adjacent counties say, there's no filing fee
[38:05.060 --> 38:07.580]  for it, just you can file it.
[38:07.580 --> 38:10.320]  This county says, no, we want your money.
[38:10.320 --> 38:16.140]  So anyway, so I filled it out, actually, I had already had it filled out so they could
[38:16.140 --> 38:20.980]  file it for free because my wife didn't have any money if they were going to charge it.
[38:20.980 --> 38:27.540]  So I had it filled out and I looked at it and says, this is sovereign citizen stuff
[38:27.540 --> 38:28.540]  on there.
[38:28.540 --> 38:29.540]  And I said, no, it's not.
[38:29.540 --> 38:35.260]  I just don't know the meaning of the word household or income or source, the legal terms.
[38:35.260 --> 38:42.220]  So I put that on there, spouse, legal definition of spouse is unknown to me, I put.
[38:42.220 --> 38:47.060]  Anyway, so he takes it, he comes back and says, well, it's an old form.
[38:47.060 --> 38:48.500]  How could it be old?
[38:48.500 --> 38:53.500]  She just gave it to me a week ago, a week before that, but he gives me another form
[38:53.500 --> 38:57.660]  and I fill it out exactly the same way and he says, I'm gonna take that.
[38:57.660 --> 39:01.480]  So he takes it and they took it and they put it into the record.
[39:01.480 --> 39:04.840]  And so now it's in two places.
[39:04.840 --> 39:09.540]  Now it's in the Court of Criminal Appeals and now it's in the Circuit Court that I'm
[39:09.540 --> 39:12.060]  in, supposedly.
[39:12.060 --> 39:13.820]  That's kind of interesting, isn't it?
[39:13.820 --> 39:18.340]  Two writs of habeas, one writ of habeas in two places.
[39:18.340 --> 39:21.620]  And they dismissed it before the courts could get to the habeas.
[39:21.620 --> 39:24.060]  As fast as they could.
[39:24.060 --> 39:31.500]  And this thing of charging for a habeas, Johnson County, Texas, I went to the clerk and handed
[39:31.500 --> 39:33.400]  her a habeas.
[39:33.400 --> 39:37.340]  She said, that will be $241.
[39:37.340 --> 39:39.460]  I said, don't say that to me.
[39:39.460 --> 39:42.060]  She said, well, I have to say that to you.
[39:42.060 --> 39:43.060]  No, no, no, no.
[39:43.060 --> 39:47.240]  I'm gonna ask for somebody to be arrested and I don't want it to be you.
[39:47.240 --> 39:48.300]  So go get Lloyd.
[39:48.300 --> 39:51.140]  He was the elected clerk.
[39:51.140 --> 39:52.820]  So she says, I'll be right back.
[39:52.820 --> 39:55.340]  She went and got Lloyd.
[39:55.340 --> 39:57.720]  He handed him the habeas.
[39:57.720 --> 40:01.700]  He said, that'll be a $241 filing fee.
[40:01.700 --> 40:05.440]  I said, wait right there.
[40:05.440 --> 40:07.740]  Don't go anywhere.
[40:07.740 --> 40:13.700]  Somebody's gonna wanna talk to you and I opened my phone, called 911, asked for an officer
[40:13.700 --> 40:15.700]  to come down and arrest Lloyd.
[40:15.700 --> 40:19.060]  I don't remember his last name now.
[40:19.060 --> 40:27.280]  And to his credit, he did not untrack a foot, waited 20 minutes, this big old fat cop come
[40:27.280 --> 40:32.940]  in the back door and said, what seems to be the problem here?
[40:32.940 --> 40:36.620]  I said, the problem is you don't have pencil and paper.
[40:36.620 --> 40:43.180]  Why do I need pencil and paper to take my criminal complaint against this district clerk?
[40:43.180 --> 40:49.260]  Well, why would I take a criminal complaint against the district clerk?
[40:49.260 --> 40:50.860]  Because he's a criminal.
[40:50.860 --> 40:51.860]  That's why.
[40:51.860 --> 41:02.620]  And it went downhill from there, but I showed him the code, I think it's 11.51.
[41:02.620 --> 41:10.720]  There shall be no fee for a writ of habeas corpus and that is consistent across these
[41:10.720 --> 41:13.380]  United States.
[41:13.380 --> 41:18.660]  Writ of habeas corpus is the great writ, the writ of right.
[41:18.660 --> 41:26.340]  I put all the highest judges in Texas before a grand jury over writ of habeas corpus.
[41:26.340 --> 41:34.540]  I mentioned to you, I think on the break about on Jurisimprudence.website, I have a writ
[41:34.540 --> 41:39.420]  of habeas corpus there that goes through due process.
[41:39.420 --> 41:45.900]  I wrote that for a kid in Conroe who was in jail and he was a member of the Republic of
[41:45.900 --> 41:48.000]  Texas group.
[41:48.000 --> 41:56.420]  The attorney general and president of the Republic of Texas group come to me, said they
[41:56.420 --> 42:01.460]  had this kid in jail, he's been there two months, he's been doing the stuff they told
[42:01.460 --> 42:06.300]  him to do and he's still there, asked if I could do anything to get him out.
[42:06.300 --> 42:13.620]  So I wrote this habeas and they wrote down there with me and I chewed on them all the
[42:13.620 --> 42:14.620]  way.
[42:14.620 --> 42:22.180]  I picked them up in Waco and when I got there, the president and attorney general for the
[42:22.180 --> 42:28.160]  Republic of Texas group would not get out of the car.
[42:28.160 --> 42:32.060]  They wouldn't walk in the building with me.
[42:32.060 --> 42:36.540]  So I went in and filed the habeas and then talked to the prosecutor and read him the
[42:36.540 --> 42:48.440]  riot act and after I talked to the prosecutor, he said there wasn't anything he could do.
[42:48.440 --> 42:54.460]  So I went to the clerk and gave the clerk the habeas and I said to her, are you going
[42:54.460 --> 42:58.260]  to give that to the judge or do I need to do that?
[42:58.260 --> 43:03.620]  Like what I'm telling her is I know everything stops before the habeas.
[43:03.620 --> 43:07.620]  She told me what court to go in, they stopped a murder trial, they finished interviewing
[43:07.620 --> 43:11.980]  a witness and then the judge said, are you Randall Kelton?
[43:11.980 --> 43:13.420]  Yes, your honor, I am.
[43:13.420 --> 43:15.100]  Are you the one that filed this habeas?
[43:15.100 --> 43:17.380]  Yes, as a matter of fact, I am.
[43:17.380 --> 43:18.380]  He said, are you an attorney?
[43:18.380 --> 43:23.260]  Oh no, judge, I sleep well at night and keep my hands in my own pockets, thank you very
[43:23.260 --> 43:25.660]  much.
[43:25.660 --> 43:27.900]  He didn't take that well.
[43:27.900 --> 43:31.700]  He said, well, Mr. Kelton, since you're not an attorney, I'm not going to accept this
[43:31.700 --> 43:32.700]  habeas.
[43:32.700 --> 43:36.940]  I turned to the bailiff, Mr. Bailiff, did you hear that?
[43:36.940 --> 43:39.460]  Yes, Mr. Kelton, I did.
[43:39.460 --> 43:40.820]  Arrest that judge.
[43:40.820 --> 43:45.740]  It got real interesting from there and we're about to go to break.
[43:45.740 --> 43:48.060]  I'll pick this up on the other side.
[43:48.060 --> 43:58.100]  Randy Kelton, Rule of Law Radio, on this Friday, the 26th, 27th day of September 2019.
[43:58.100 --> 44:00.220]  We'll be right back.
[44:00.220 --> 44:05.540]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[44:19.180 --> 44:25.020]  civil rights statutes, what to do when contacted by phone, mail, or court summons, how to answer
[44:25.020 --> 44:29.580]  letters and phone calls, how to get debt collectors out of your credit report, how to turn the
[44:29.580 --> 44:33.780]  financial tables on them and make them pay you to go away.
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[44:46.580 --> 44:48.900]  or email MichaelMeris at Yahoo.com.
[44:48.900 --> 44:59.100]  That's RuleOfLawRadio.com or email M-I-C-H-A-E-L-M-I-R-R-A-S at Yahoo.com to learn how to stop debt collectors
[44:59.100 --> 45:00.100]  now.
[45:00.100 --> 45:04.340]  Are you the plaintiff or defendant in a lawsuit?
[45:04.340 --> 45:10.260]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, four CD
[45:10.260 --> 45:14.820]  course that will show you how in 24 hours, step by step.
[45:14.820 --> 45:19.300]  If you have a lawyer, know what your lawyer should be doing.
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[45:39.260 --> 45:43.540]  principles and practices that control our American courts.
[45:43.540 --> 45:49.740]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.740 --> 45:52.340]  pro se tactics, and much more.
[45:52.340 --> 46:10.140]  Please visit RuleOfLawRadio.com and click on the banner or call toll-free, 866-LAW-EZ.
[46:10.140 --> 46:33.140]  Always, I must be careful what I'm wishing for, when I'm hungry, I like to know just
[46:33.140 --> 46:41.900]  what I'm fishing for, I ain't asking for much, I ain't trying to be no glutton, I'm just
[46:41.900 --> 46:52.460]  here making my living, pushing buttons, I get my message out to anyone in shouting distance,
[46:52.460 --> 46:58.820]  I vote for bravery and against slavery, showing resistance.
[46:58.820 --> 47:09.580]  Okay, we are back, if you've tried to call in, try again, I turned the phones on but
[47:09.580 --> 47:17.340]  forgot to hit execute, but don't tell Deborah, she'll skin me alive.
[47:17.340 --> 47:25.100]  Deborah has no pity for me, so I have to have all that pity myself.
[47:25.100 --> 47:33.580]  Okay, I asked the bailiff to arrest the judge, and the judge, to his credit, sat there and
[47:33.580 --> 47:35.580]  kept his mouth shut.
[47:35.580 --> 47:43.100]  I've done this seven times in court, and every time the judge, when I've done that, the judge
[47:43.100 --> 47:46.580]  has sat there and kept his mouth shut.
[47:46.580 --> 47:56.500]  Because the judge knows one word out of him, and obstruction, retaliation.
[47:56.500 --> 48:01.100]  So I argue back and forth with the bailiff, I told the bailiff to take his chicken suit
[48:01.100 --> 48:04.300]  off, he said, I can't arrest the judge, of course you can arrest the judge, just go up
[48:04.300 --> 48:07.980]  there and put the cuffs on him, drag him off to jail, you don't have far to go, it's right
[48:07.980 --> 48:09.980]  down there in the basement.
[48:09.980 --> 48:14.980]  And he said, well, I'm not gonna arrest the judge, I said, well, you know, life is filled
[48:14.980 --> 48:19.900]  with the little decisions, we all get to make some, your turn, are you gonna perform your
[48:19.900 --> 48:26.460]  duty as the keeper of the peace in the courtroom, regardless of who breaks it?
[48:26.460 --> 48:34.580]  Or are you gonna shield this judge from prosecution in violation of 3805 Penal Code, your call?
[48:34.580 --> 48:40.680]  When he absolutely refused, the judge picked up the gavel and said, Mr. Bailiff, if Mr.
[48:40.680 --> 48:45.540]  Kelton doesn't leave my courtroom, you're to arrest him.
[48:45.540 --> 48:49.540]  I said, with all due respect, Your Honor, that's cheating.
[48:49.540 --> 48:55.020]  The judge said maybe, but I got the gavel and he held the gavel up.
[48:55.020 --> 49:05.620]  I said, good point, appointed to the bailiff, you come with me, and stormed out of the courtroom.
[49:05.620 --> 49:11.020]  John, you haven't lived until you've done that at least once.
[49:11.020 --> 49:12.860]  Not bad.
[49:12.860 --> 49:14.820]  That was so much fun.
[49:14.820 --> 49:21.700]  I took that habeas and filed it with the Texas Court of Criminal Appeals.
[49:21.700 --> 49:28.780]  And the clerk demanded a motion for leave to file and I said, screw that.
[49:28.780 --> 49:34.020]  This is the habeas corpus, the great writ, a writ of right.
[49:34.020 --> 49:38.620]  This court has no power to grant or deny leave.
[49:38.620 --> 49:42.860]  He said, well, I can't take it without it and I'm trying to get this kid out of jail.
[49:42.860 --> 49:44.020]  So it wasn't my fight.
[49:44.020 --> 49:46.660]  So I filed a motion for leave to file.
[49:46.660 --> 49:54.020]  The nine judges on the Court of Criminal Appeals denied leave to file a habeas corpus.
[49:54.020 --> 49:56.980]  Is that a video court?
[49:56.980 --> 50:00.020]  Are you kidding me?
[50:00.020 --> 50:07.540]  So I went straight to the grand jury with criminal charges against all nine judges.
[50:07.540 --> 50:09.340]  It took a year.
[50:09.340 --> 50:15.920]  I had to bushwhack the head criminal district judge in Travis County in his courtroom and
[50:15.920 --> 50:22.860]  drop the complaints on him the way I have a methodology for doing that.
[50:22.860 --> 50:28.980]  You always go in when they're having motion hearings because generally motion takes about
[50:28.980 --> 50:33.840]  30 seconds and all the lawyers line up here.
[50:33.840 --> 50:38.020]  They were all lined up at the bench and he was just going through one after the other.
[50:38.020 --> 50:41.380]  So I walked up to the bar and I've got a suit and tie on.
[50:41.380 --> 50:45.760]  When I don't wear a suit and tie, I always get beaten up and thrown in jail.
[50:45.760 --> 50:50.540]  So I appointed the bait, if you come here, they are not used to being summoned.
[50:50.540 --> 50:54.580]  These lawyers come into court and they're like meek little lambs.
[50:54.580 --> 50:57.260]  So I order him over.
[50:57.260 --> 50:58.900]  He said, can I help you?
[50:58.900 --> 51:03.380]  My name is Randall Kelton and I instruct the judge that I have business with the court.
[51:03.380 --> 51:06.140]  He said, may I tell the judge the nature of the business?
[51:06.140 --> 51:07.420]  No, you may not.
[51:07.420 --> 51:11.100]  I have business with the court and it's none of yours, you're dismissed.
[51:11.100 --> 51:16.460]  So now he is really PO'd and I go sit down.
[51:16.460 --> 51:21.740]  He runs up to the judge, jibber jabber, jibber jabber, and the judge looks out at me and
[51:21.740 --> 51:28.300]  I'm holding up this red folder and the judge cannot help himself.
[51:28.300 --> 51:30.860]  He's got to know what's in it.
[51:30.860 --> 51:32.180]  He finished his hearing.
[51:32.180 --> 51:37.780]  He said, Mr. Kelton, I understand you have business with the court.
[51:37.780 --> 51:41.340]  The guy's name was, I think his name was Bishop.
[51:41.340 --> 51:46.340]  He generally was a pleasant individual.
[51:46.340 --> 51:48.020]  I said, yes, your honor, may I approach?
[51:48.020 --> 51:52.020]  And I held up the folder and that means, can I give this to you?
[51:52.020 --> 51:55.740]  And he called me up because he's having the hearing right at the bench.
[51:55.740 --> 51:58.620]  I set it on the bench.
[51:58.620 --> 52:05.300]  He opened it up and he's looking at criminal charges against the district clerk for secreting
[52:05.300 --> 52:10.700]  criminal charges against the district attorney from, I'm sorry, he's looking at criminal
[52:10.700 --> 52:16.260]  charges against the district attorney for secreting criminal charges against all the
[52:16.260 --> 52:19.140]  highest judges in Texas from a grand jury.
[52:19.140 --> 52:27.580]  He looked up at me with this look that said he could see his whole career passing before
[52:27.580 --> 52:28.580]  his eyes.
[52:28.580 --> 52:39.020]  I won't go through all of the back and forth, but he said that he's a district judge and
[52:39.020 --> 52:42.180]  district judges don't take criminal complaints.
[52:42.180 --> 52:45.660]  And Travis County, you need to take this to a magistrate.
[52:45.660 --> 52:53.100]  So I tried that, took it to Judge Evans over here next door and he wouldn't take them.
[52:53.100 --> 52:57.700]  And I said, besides your honor, I'm not here to invoke your duty as a district judge.
[52:57.700 --> 53:01.820]  I'm here to invoke your duty as a magistrate and that's a duty from which you may not shield
[53:01.820 --> 53:02.820]  yourself.
[53:02.820 --> 53:10.260]  And he gave me this look that said, could I get my bailiff to shoot this guy and get
[53:10.260 --> 53:12.780]  away with it?
[53:12.780 --> 53:16.980]  He finally directed me to the clerk with my complaints.
[53:16.980 --> 53:23.860]  I objected and told him under Chapter 16 Code of Criminal Procedure, you are required to
[53:23.860 --> 53:28.500]  for, I'm sorry, under 17.30 Texas Code of Criminal Procedure, you are required to forward
[53:28.500 --> 53:29.500]  those to the clerk.
[53:29.500 --> 53:32.540]  Well, I'm telling you to give them to the clerk.
[53:32.540 --> 53:34.660]  So I did.
[53:34.660 --> 53:43.860]  They finally, after a year, they finally gave my complaints to the grand jury.
[53:43.860 --> 53:50.180]  And I had told Claire Dawson Brown, the prosecutor who headed up to grand jury, I said, look
[53:50.180 --> 53:52.740]  Claire, I'd already filed criminal charges against her.
[53:52.740 --> 53:56.580]  I said, look, you don't have to agree with this.
[53:56.580 --> 53:59.020]  I'm a credible person so you have to take my complaint.
[53:59.020 --> 54:04.140]  In Texas law, they have no discretion, they have to give it to the grand jury.
[54:04.140 --> 54:08.140]  So you can go in there and argue against indictment.
[54:08.140 --> 54:13.180]  You can be the hero, ride in on your white horse and save the day.
[54:13.180 --> 54:21.020]  Well, they had it, they got it April 1st, which is appropriate, April Fool's Day.
[54:21.020 --> 54:23.220]  And the grand jury sits for three months.
[54:23.220 --> 54:27.540]  So a month and a half in, I went to her, I said, what's the deal with this indictments?
[54:27.540 --> 54:30.660]  They've had them for a month and a half.
[54:30.660 --> 54:38.220]  She said, Mr. Kelton, I made sure that every juror read your entire presentment.
[54:38.220 --> 54:39.220]  Say what?
[54:39.220 --> 54:44.340]  That's 119 pages, it was a book.
[54:44.340 --> 54:46.300]  And I thought about that.
[54:46.300 --> 54:51.660]  She is not trying to get these guys no-billed.
[54:51.660 --> 54:55.060]  Taught me a very valuable lesson.
[54:55.060 --> 54:59.640]  On their last day in office, they no-billed these judges.
[54:59.640 --> 55:04.120]  So all the highest judges in Texas spent three months wondering if their career was going
[55:04.120 --> 55:06.900]  to end the next day.
[55:06.900 --> 55:10.780]  If you go to Texas and file a habeas with the Court of Criminal Appeals, you're not
[55:10.780 --> 55:14.180]  going to be asked to file a motion if you leave the file.
[55:14.180 --> 55:16.540]  They got that fixed.
[55:16.540 --> 55:24.300]  What it turned out, Ron Earl, 25-year district attorney, he's the guy that took out Tom
[55:24.300 --> 55:29.860]  DeLay, Speaker of the House, US Speaker of the House.
[55:29.860 --> 55:32.980]  Nobody ever accused Tom DeLay of a crime.
[55:32.980 --> 55:35.300]  I filed a habeas corpus in that case.
[55:35.300 --> 55:37.380]  I remember that.
[55:37.380 --> 55:39.780]  He was a scoundrel.
[55:39.780 --> 55:42.900]  And that was all a setup.
[55:42.900 --> 55:50.740]  So anyway, Tom DeLay, 25-year prosecuting attorney.
[55:50.740 --> 55:54.460]  He's not running for office again, he's retiring.
[55:54.460 --> 55:56.420]  He's a Democrat.
[55:56.420 --> 56:00.300]  All nine of these judges are Republicans.
[56:00.300 --> 56:07.420]  He used my complaint as cannon fodder to try to take these judges out with him.
[56:07.420 --> 56:16.420]  I tell people, you will never get these public officials to be afraid of you.
[56:16.420 --> 56:22.060]  What you'll get them to be afraid of is the political cannon fodder you create for
[56:22.060 --> 56:24.500]  their political enemies.
[56:24.500 --> 56:31.120]  And the higher up you are in the pecking order, the more dangerous it is for you.
[56:31.120 --> 56:34.820]  When you talk to a cop on the street, they're not impressed.
[56:34.820 --> 56:42.740]  But when you start climbing down a district judge or a Court of Appeals judge's throat
[56:42.740 --> 56:49.820]  and start filing judicial conduct complaints, bar grievances, criminal complaints, you really
[56:49.820 --> 56:52.320]  get their attention.
[56:52.320 --> 56:58.100]  So the real power is in the back and up there at the top.
[56:58.100 --> 57:00.680]  That's where the citizen has the most power.
[57:00.680 --> 57:06.340]  And in your case, your case is a done deal.
[57:06.340 --> 57:09.100]  And there are some special tricks I'm going to suggest.
[57:09.100 --> 57:15.740]  And the first one is before you sue them, they're going to claim immunity all over
[57:15.740 --> 57:18.100]  the place.
[57:18.100 --> 57:26.460]  First thing you do is petition for a declaratory judgment.
[57:26.460 --> 57:28.980]  Are you familiar with declaratory judgment suits?
[57:28.980 --> 57:29.980]  I know about them.
[57:29.980 --> 57:31.900]  I've never done one, but I know about them.
[57:31.900 --> 57:39.580]  And that's not surprising because I have never found a lawyer who knew what one was.
[57:39.580 --> 57:42.380]  They always filed a Rule 12 motion to dismiss.
[57:42.380 --> 57:47.620]  I filed one with Judge McBride in Fort Worth, 90-something years old.
[57:47.620 --> 57:50.640]  He is really a stinker.
[57:50.640 --> 57:55.560]  That's the worst thing I can effectively say about him on the air.
[57:55.560 --> 57:57.060]  So I filed one with him.
[57:57.060 --> 58:03.660]  The Wells Fargo, the Locklord attorney filed a Rule 12 motion to dismiss, fair state of
[58:03.660 --> 58:05.820]  claim, and which cover came to hand.
[58:05.820 --> 58:10.260]  And then claimed, well, anyway, he shouldn't have filed against us because we're not the
[58:10.260 --> 58:11.260]  lender.
[58:11.260 --> 58:14.840]  Well, the lawyer screwed up.
[58:14.840 --> 58:18.720]  They weren't the lender, but they were the agent for the lender.
[58:18.720 --> 58:21.300]  So when somebody screws up, what do you do?
[58:21.300 --> 58:27.500]  Now, you run down there and non-suit real quick, so he's stuck with collateral estoppel.
[58:27.500 --> 58:33.020]  The day I non-suited, same day, the judge dismissed my case with prejudice for failure
[58:33.020 --> 58:35.180]  to state a claim on which cover can be had.
[58:35.180 --> 58:38.420]  I'll tell you what I did to him when we come back.
[58:38.420 --> 58:45.220]  Randy Kelton, Rule of Law Radio, our call-in number, 512-646-1984.
[58:45.220 --> 58:50.300]  We'll be right back.
[58:50.300 --> 58:54.460]  Would you like to make more definite progress in your walk with God?
[58:54.460 --> 58:59.620]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.620 --> 59:00.960]  can really help.
[59:00.960 --> 59:05.420]  The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.420 --> 59:06.420]  today.
[59:06.420 --> 59:10.320]  It's an accurate translation, and it contains thousands of footnotes that will help you
[59:10.320 --> 59:13.420]  to know God and to know the meaning of life.
[59:13.420 --> 59:18.700]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.700 --> 59:22.980]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:22.980 --> 59:27.920]  of salvation, growing in Christ, and how to build up the church.
[59:27.920 --> 59:32.920]  To order your free New Testament recovery version and Basic Elements of the Christian
[59:32.920 --> 01:00:00.660]  Life, call Bibles for America toll-free at 888-551-0102.
[01:00:00.660 --> 01:00:06.660]  The following newsflash is brought to you by the Lone Star Lowdown.
[01:00:06.660 --> 01:00:10.660]  Markets for Monday, the 22nd of July, 2019, open with precious metals.
[01:00:10.660 --> 01:00:18.460]  Gold at $1,429 an ounce, silver, $16.45 an ounce, copper, $2.75 an ounce, oil, Texas
[01:00:18.460 --> 01:00:25.060]  crude, $55.63 a barrel, Brent crude, $62.47 a barrel, and crypto as an order of market
[01:00:25.060 --> 01:00:37.180]  cap, Bitcoin Core, $10,566.52, Ethereum, $227.26, XRP, Ripple, $0.33, Litecoin, $100.31, and
[01:00:37.180 --> 01:00:42.100]  Bitcoin Cash is at $324.10 a crypto coin.
[01:00:42.100 --> 01:00:52.300]  Today in history, the year 1916, the Preparedness Day bombing, a timed suitcase bomb, was detonated
[01:00:52.300 --> 01:00:57.620]  on Market Street in San Francisco during the World War I Preparedness Day parade, killing
[01:00:57.620 --> 01:00:59.620]  10 and injuring 40.
[01:00:59.620 --> 01:01:04.620]  Today in history.
[01:01:04.620 --> 01:01:09.260]  In recent news, since Governor Greg Abbott signed House Bill 1325, legalizing hemp in
[01:01:09.260 --> 01:01:13.820]  a Texas law back in June, county prosecutors around the state, including Houston, Austin,
[01:01:13.820 --> 01:01:17.940]  and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:01:17.940 --> 01:01:22.580]  new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:01:22.580 --> 01:01:24.660]  to test the herb for THC.
[01:01:24.660 --> 01:01:28.300]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:01:28.300 --> 01:01:32.820]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:01:32.820 --> 01:01:33.820]  law.
[01:01:33.820 --> 01:01:37.460]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:01:37.460 --> 01:01:41.940]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:01:41.940 --> 01:01:48.100]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works.
[01:01:48.100 --> 01:01:54.420]  As well as other cities, too, like the District Attorney in El Paso, Jaime Esparza, a Democrat,
[01:01:54.420 --> 01:01:58.820]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:01:58.820 --> 01:02:01.540]  prosecution of marijuana cases in El Paso.
[01:02:01.540 --> 01:02:06.580]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[01:02:06.580 --> 01:02:10.620]  in Harris County, who stated that, quote, the law is constantly changing on what makes
[01:02:10.620 --> 01:02:13.340]  something illegal based on its chemical makeup.
[01:02:13.340 --> 01:02:17.220]  It's important that if someone is charged with something, the test matches what they're
[01:02:17.220 --> 01:02:22.460]  charged with.
[01:02:22.460 --> 01:02:27.100]  A paper by Tulane University identified a five and a half inch American pocket shark
[01:02:27.100 --> 01:02:32.220]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[01:02:32.220 --> 01:02:37.580]  shark ever captured or recorded, with the other one being found way back in 1979 in
[01:02:37.580 --> 01:02:39.140]  the East Pacific Ocean.
[01:02:39.140 --> 01:02:43.660]  According to the university paper, the shark secretes a luminous fluid from a gland near
[01:02:43.660 --> 01:02:45.480]  its front fins.
[01:02:45.480 --> 01:02:50.820]  For the purpose, it is hypothesized to lure and prey who may be drawn into the glow.
[01:02:50.820 --> 01:03:11.540]  This is Rook Rodey with your lowdown for July 22nd, 2019.
[01:03:11.540 --> 01:03:20.820]  I read his book and he says, he cares not for the unsightly, these warmongers come by
[01:03:20.820 --> 01:03:21.820]  that term rightly.
[01:03:21.820 --> 01:03:34.820]  I won't pay for the war with my body, ain't gonna pay for the car with my money.
[01:03:34.820 --> 01:03:41.860]  I won't pay for the fun with my body, their plan's wicked and their logic's shoddy, ain't
[01:03:41.860 --> 01:03:44.580]  gonna pay for the war with my money.
[01:03:44.580 --> 01:03:51.060]  We are back, Randy Kelton, Roovelaw Radio, here with our very special guest, Mr. Don
[01:03:51.060 --> 01:04:03.580]  Terry, and about the Court of Criminal Appeals.
[01:04:03.580 --> 01:04:10.500]  The grand jury got the complaints on their first day in office, dismissed them on their
[01:04:10.500 --> 01:04:12.420]  last day in office.
[01:04:12.420 --> 01:04:21.820]  They did not indict the judges on the Court of Appeals, but the judges spent three months
[01:04:21.820 --> 01:04:24.340]  wondering if their careers were going to get in.
[01:04:24.340 --> 01:04:28.620]  I filed lots of criminal complaints and always try to file them with grand jurors, I never
[01:04:28.620 --> 01:04:31.700]  want anybody indicted.
[01:04:31.700 --> 01:04:38.820]  Because if you get them indicted, you lose all your clout, and this is all about politics.
[01:04:38.820 --> 01:04:43.780]  The real power we have is political.
[01:04:43.780 --> 01:04:47.540]  People who listen to the show all the time hear me saying, you'll never win your case
[01:04:47.540 --> 01:04:51.380]  simply because you have the law and the facts on your side.
[01:04:51.380 --> 01:04:54.180]  To think so is naive.
[01:04:54.180 --> 01:04:57.740]  You win your case if you have the politics on your side.
[01:04:57.740 --> 01:05:02.700]  You will never get these guys to be afraid of you.
[01:05:02.700 --> 01:05:08.300]  You'll get these guys to be afraid of the cannon fodder you create for their political
[01:05:08.300 --> 01:05:09.300]  enemies.
[01:05:09.300 --> 01:05:17.820]  When you look at your case from that perspective, it changes the way you do things, and you
[01:05:17.820 --> 01:05:20.820]  will become much more effective.
[01:05:20.820 --> 01:05:30.420]  I have Amy on the line, and Amy is Don's faithful wife who stood by this whole time.
[01:05:30.420 --> 01:05:35.940]  And we've been talking back and forth the whole time this is going on.
[01:05:35.940 --> 01:05:43.180]  And she's, in my opinion, the reason he's out now, she engineered things and kept things
[01:05:43.180 --> 01:05:44.180]  going.
[01:05:44.180 --> 01:05:49.220]  I've been in jail myself, and I know how much when you're stuck in there, you appreciate
[01:05:49.220 --> 01:05:51.260]  that you got people on the outside.
[01:05:51.260 --> 01:05:54.340]  Amy, you wanted to talk about the habeas.
[01:05:54.340 --> 01:06:02.740]  Yeah, I want to tell you what happened on the outside perspective because Don only heard
[01:06:02.740 --> 01:06:06.980]  part of it and experienced part of it on the inside.
[01:06:06.980 --> 01:06:17.740]  And when we took the writ of habeas to the circuit court and we gave it to the clerk
[01:06:17.740 --> 01:06:26.380]  to file into Don's criminal case, she said, well, that'll be whatever the price was.
[01:06:26.380 --> 01:06:29.720]  I don't remember what it was she said.
[01:06:29.720 --> 01:06:32.300]  I think it was $240.
[01:06:32.300 --> 01:06:37.260]  And I said to her, you can't charge for a writ of habeas.
[01:06:37.260 --> 01:06:43.700]  And she says, ma'am, I can't file this unless you pay for it.
[01:06:43.700 --> 01:06:48.180]  And I says, well, I don't want to pay for it and make a case.
[01:06:48.180 --> 01:06:53.580]  I want you to put it into a case and I want you to serve the judge.
[01:06:53.580 --> 01:06:55.900]  And so she's, well, hold on, I have to go back.
[01:06:55.900 --> 01:07:01.240]  And she stamped them all as if she was going to file them.
[01:07:01.240 --> 01:07:04.900]  And she went back and she said, I have to ask my boss.
[01:07:04.900 --> 01:07:11.740]  So she goes back and she comes up and she says, okay, and she stamps them.
[01:07:11.740 --> 01:07:14.420]  And then she gives me a copy.
[01:07:14.420 --> 01:07:17.420]  Well, so I have a stamped copy.
[01:07:17.420 --> 01:07:23.020]  Well, the next two days, we understand when we go back into the courtroom two days from
[01:07:23.020 --> 01:07:24.020]  then.
[01:07:24.020 --> 01:07:32.260]  So all of the court computers are shut down and nobody could use them.
[01:07:32.260 --> 01:07:35.140]  Nobody knew why, they're all complaining.
[01:07:35.140 --> 01:07:38.580]  And we heard everybody does a scuttlebutt, you know, oh, this is terrible, it's been
[01:07:38.580 --> 01:07:39.980]  shut down for two days.
[01:07:39.980 --> 01:07:44.940]  Well, she comes back to me that day, because I go in and check for the writ.
[01:07:44.940 --> 01:07:48.380]  And she says, well, I'm sorry, ma'am, we couldn't file this.
[01:07:48.380 --> 01:07:55.020]  And she said that it would cost $240 to file.
[01:07:55.020 --> 01:08:01.580]  And I said, you can never, never, never, never charge for a writ of Avius.
[01:08:01.580 --> 01:08:04.740]  And she says, well, ma'am, I don't know what to tell you, but you have to pay for it.
[01:08:04.740 --> 01:08:12.620]  So you have to go over there and you have to file it in in with the court in Maygate.
[01:08:12.620 --> 01:08:15.940]  She wanted me to start a new case in the civil civil case.
[01:08:15.940 --> 01:08:16.940]  Yes.
[01:08:16.940 --> 01:08:17.940]  Civil case.
[01:08:17.940 --> 01:08:18.940]  Yes.
[01:08:18.940 --> 01:08:19.940]  She wanted me to make a civil case.
[01:08:19.940 --> 01:08:22.780]  She goes, well, go over and talk to them.
[01:08:22.780 --> 01:08:25.620]  And I asked her, well, I went back to ask her, did you file it?
[01:08:25.620 --> 01:08:27.820]  She said, well, I can't until you pay for it.
[01:08:27.820 --> 01:08:29.860]  So I go, she says, go over to the civil.
[01:08:29.860 --> 01:08:33.820]  So I go over to the civil and I said, did you file this into the criminal case?
[01:08:33.820 --> 01:08:36.340]  And she goes, I don't know, we're civil.
[01:08:36.340 --> 01:08:39.700]  And do you want to file it as a civil?
[01:08:39.700 --> 01:08:40.700]  And I go, okay.
[01:08:40.700 --> 01:08:42.700]  And she goes, it's $240.
[01:08:42.700 --> 01:08:46.100]  I says, you can't charge for a writ of Avius.
[01:08:46.100 --> 01:08:51.340]  So she sends her supervisor over and she tries to charge me.
[01:08:51.340 --> 01:08:54.100]  I says, you can't charge for a writ.
[01:08:54.100 --> 01:08:58.860]  So what I did was I took the file Sam's copy that she gave me.
[01:08:58.860 --> 01:09:03.580]  I took it to the sheriff's office, which is right next door.
[01:09:03.580 --> 01:09:10.140]  And I asked the lady in front, would you please serve the judge with this writ of Avius?
[01:09:10.140 --> 01:09:11.740]  So the lady takes us a shirt.
[01:09:11.740 --> 01:09:15.900]  She puts it over in the little bin to have it served.
[01:09:15.900 --> 01:09:18.940]  And I just go on my way.
[01:09:18.940 --> 01:09:24.900]  So I come back- Wait a minute, only a woman would have thought
[01:09:24.900 --> 01:09:25.900]  of that.
[01:09:25.900 --> 01:09:26.900]  That is so devious.
[01:09:26.900 --> 01:09:27.900]  What?
[01:09:27.900 --> 01:09:36.060]  I just, that's what I read I was supposed to do, the sheriff would serve it.
[01:09:36.060 --> 01:09:37.780]  But listen to what happens.
[01:09:37.780 --> 01:09:42.260]  I go back to see if they served it and the woman looks at it, well, it's not there anymore.
[01:09:42.260 --> 01:09:43.460]  They must have served it.
[01:09:43.460 --> 01:09:49.300]  But she gave me the name of a woman and she said, she's the one who can tell you whether
[01:09:49.300 --> 01:09:52.100]  she served it or not.
[01:09:52.100 --> 01:09:56.940]  Well, when I came back to ask her, she said, yes, they took it to the judge.
[01:09:56.940 --> 01:10:01.100]  And I said, and I asked her, I said, could I please have the return?
[01:10:01.100 --> 01:10:05.660]  And she said, well, we gave the return to the clerk.
[01:10:05.660 --> 01:10:06.660]  And I said, okay.
[01:10:06.660 --> 01:10:11.220]  So I ran back over, because it's only a few steps away, but I went back over to the clerk's
[01:10:11.220 --> 01:10:14.220]  office and I asked her for the return.
[01:10:14.220 --> 01:10:21.980]  And she says, well, you can't have that until you pay the $240.
[01:10:21.980 --> 01:10:28.540]  So when I go down, when I go down to pick up the records from the municipal court, I'll
[01:10:28.540 --> 01:10:34.660]  go to the county, the district court, and ask for the file and see if I can get it.
[01:10:34.660 --> 01:10:37.940]  Okay, go ahead, I'll stop interrupting.
[01:10:37.940 --> 01:10:40.980]  Well, so that's okay.
[01:10:40.980 --> 01:10:51.860]  Well, no, no, it ended up where she never, she said, she told me, the clerk said, the
[01:10:51.860 --> 01:10:58.260]  judge has never been given the writ of habeas, and we can't give it to him until you pay
[01:10:58.260 --> 01:10:59.260]  the fee.
[01:10:59.260 --> 01:11:06.620]  Oh, we really need to file criminal charges and go down to the clerk's office, call 911
[01:11:06.620 --> 01:11:08.340]  and ask him to arrest her.
[01:11:08.340 --> 01:11:10.300]  That'll get exciting.
[01:11:10.300 --> 01:11:11.300]  Yeah.
[01:11:11.300 --> 01:11:12.300]  I agree.
[01:11:12.300 --> 01:11:19.500]  Most people, most people, when I say this, you know, they're afraid to file a criminal
[01:11:19.500 --> 01:11:28.340]  and what they don't understand is when you file a, make a criminal accusation, everything
[01:11:28.340 --> 01:11:30.260]  changes.
[01:11:30.260 --> 01:11:33.820]  You become a protected class.
[01:11:33.820 --> 01:11:40.180]  You know, I like to go to policemen into doing something so I can call 911 on it.
[01:11:40.180 --> 01:11:46.180]  The last policeman who gave me a traffic ticket was a sheriff's deputy.
[01:11:46.180 --> 01:11:51.900]  He gave me the ticket, he took my license and stuff and went back to write the ticket.
[01:11:51.900 --> 01:11:59.220]  I called 911, asked them to come out and arrest him for first degree felony aggravated assault.
[01:11:59.220 --> 01:12:01.620]  That was so much fun.
[01:12:01.620 --> 01:12:04.140]  When the policeman came back with-
[01:12:04.140 --> 01:12:06.900]  Is there a time limit though?
[01:12:06.900 --> 01:12:07.900]  Pardon me?
[01:12:07.900 --> 01:12:11.420]  Is there a time limit to do that?
[01:12:11.420 --> 01:12:13.420]  Oh, a couple of years.
[01:12:13.420 --> 01:12:14.420]  Oh, okay.
[01:12:14.420 --> 01:12:18.460]  If it's a felony, it's four years.
[01:12:18.460 --> 01:12:22.860]  So you're going to be well within.
[01:12:22.860 --> 01:12:28.700]  So you go back and you ask for the return and when she doesn't give it to you, you just
[01:12:28.700 --> 01:12:30.700]  call 911.
[01:12:30.700 --> 01:12:32.420]  Okay.
[01:12:32.420 --> 01:12:39.460]  She secreted that, this is a tamper with the government document and obstruction.
[01:12:39.460 --> 01:12:43.020]  She secreted the documents from the judge.
[01:12:43.020 --> 01:12:50.380]  Now, the clerk is going to get real excited and then she's going to ask for legal advice
[01:12:50.380 --> 01:12:55.940]  and figure out what she should have done in the first place.
[01:12:55.940 --> 01:13:01.500]  But too late, Randall County Amarillo asked to see some records.
[01:13:01.500 --> 01:13:04.380]  The clerk said, well, you'll have to look in the computer.
[01:13:04.380 --> 01:13:08.100]  I don't have the time or the personnel.
[01:13:08.100 --> 01:13:12.540]  And I'd already told her I needed to see the physical document.
[01:13:12.540 --> 01:13:17.620]  And she was in a bad mood and told me that she wasn't going to bother with it, that I
[01:13:17.620 --> 01:13:18.620]  have to look at the computer.
[01:13:18.620 --> 01:13:20.420]  I said, wait right there.
[01:13:20.420 --> 01:13:21.780]  Don't go anywhere.
[01:13:21.780 --> 01:13:23.100]  Somebody's going to want to talk to you.
[01:13:23.100 --> 01:13:27.460]  Opened the door, called the bailiff over, asked her, he said, listen, watch this.
[01:13:27.460 --> 01:13:28.780]  I asked for the records again.
[01:13:28.780 --> 01:13:30.780]  I told you, you'll have to look at the computer.
[01:13:30.780 --> 01:13:32.140]  Did you hear that?
[01:13:32.140 --> 01:13:33.180]  Yes, I did.
[01:13:33.180 --> 01:13:34.500]  Arrest that woman.
[01:13:34.500 --> 01:13:39.500]  Well, he called his lieutenant and the lieutenant said, we're not going to arrest anybody here
[01:13:39.500 --> 01:13:40.500]  today.
[01:13:40.500 --> 01:13:43.180]  I said to the sergeant, what did you get him for?
[01:13:43.180 --> 01:13:44.180]  He's worthless.
[01:13:44.180 --> 01:13:46.060]  I need a real policeman.
[01:13:46.060 --> 01:13:48.020]  The lieutenant said, I am a real policeman.
[01:13:48.020 --> 01:13:49.940]  No, you're a perp.
[01:13:49.940 --> 01:13:50.940]  I need a real policeman.
[01:13:50.940 --> 01:13:54.380]  Do you have the non-emergency number of the sheriff's department?
[01:13:54.380 --> 01:13:55.620]  How do you run better?
[01:13:55.620 --> 01:14:00.980]  And he takes out a card, hands it to me, and I jerk it out of his hand and dial the number.
[01:14:00.980 --> 01:14:08.420]  I need an officer down here to arrest Lieutenant Wood for official misconduct and the court
[01:14:08.420 --> 01:14:11.300]  clerk for official oppression.
[01:14:11.300 --> 01:14:14.340]  I'll swear out the complaints, I'll wait.
[01:14:14.340 --> 01:14:16.780]  And they gave me a little bit of argument.
[01:14:16.780 --> 01:14:22.340]  She asked me what they did, and I asked the dispatcher, are you an attorney?
[01:14:22.340 --> 01:14:24.500]  She said, well, no, I'm not.
[01:14:24.500 --> 01:14:25.500]  I'm the dispatcher.
[01:14:25.500 --> 01:14:28.620]  Oh, you're the dispatcher, then dispatch.
[01:14:28.620 --> 01:14:31.980]  I'll make all my explanation to the officer when he gets here.
[01:14:31.980 --> 01:14:33.780]  Okay, okay.
[01:14:33.780 --> 01:14:38.100]  So I'm sitting down waiting for the officer to come up.
[01:14:38.100 --> 01:14:41.500]  Sheriff comes up to me, Mr. Kelton, you're going to have to leave the building.
[01:14:41.500 --> 01:14:43.260]  And I'm writing out criminal complaints.
[01:14:43.260 --> 01:14:45.180]  I looked up and said, beat it.
[01:14:45.180 --> 01:14:46.180]  Go back to writing.
[01:14:46.180 --> 01:14:49.780]  Mr. Kelton, you're creating a disturbance, you're going to have to leave the building.
[01:14:49.780 --> 01:14:51.660]  Get lost.
[01:14:51.660 --> 01:14:54.340]  The sergeant came over and said, leave him alone.
[01:14:54.340 --> 01:14:58.740]  He's just trying to get you to do something so he can file criminal charges against you.
[01:14:58.740 --> 01:15:02.420]  I looked up and said, he's really smart.
[01:15:02.420 --> 01:15:04.660]  You should listen to him.
[01:15:04.660 --> 01:15:10.060]  And then the clerk and the captain or the lieutenant came out and she's got a handful
[01:15:10.060 --> 01:15:11.660]  of folders.
[01:15:11.660 --> 01:15:15.460]  The lieutenant starts to speak to me and I said, stop, stop, stop.
[01:15:15.460 --> 01:15:17.780]  I can't be talking to you.
[01:15:17.780 --> 01:15:21.580]  I have called 911, I have someone responding.
[01:15:21.580 --> 01:15:24.460]  And when they get here, I'll give them a complete report.
[01:15:24.460 --> 01:15:28.920]  But since I'll be making criminal accusations against both of you, it would be inappropriate
[01:15:28.920 --> 01:15:31.600]  for us to have any further communication.
[01:15:31.600 --> 01:15:35.580]  And the bailiff said, well, she has the documents you asked for.
[01:15:35.580 --> 01:15:41.160]  Sorry, Bubba, that bell's already been rung.
[01:15:41.160 --> 01:15:50.040]  And the look on the clerk's face was absolutely priceless.
[01:15:50.040 --> 01:15:54.340]  This clerk, you'll get to see the same look.
[01:15:54.340 --> 01:15:57.260]  She will not believe what's happening.
[01:15:57.260 --> 01:16:00.940]  And now is a good time.
[01:16:00.940 --> 01:16:06.980]  You've got the city back there getting ready to dismiss these charges.
[01:16:06.980 --> 01:16:13.740]  And you come at the county, at the district court like a firestorm, the city is going
[01:16:13.740 --> 01:16:16.940]  to want as far away from this as they can get.
[01:16:16.940 --> 01:16:21.420]  They'll start doing damage control.
[01:16:21.420 --> 01:16:27.100]  That's what they always do when they get a pro se that comes right for their throats.
[01:16:27.100 --> 01:16:30.080]  They are not accustomed to that.
[01:16:30.080 --> 01:16:36.880]  That goes to where I say that when you walk into the courthouse, you are the baddest motor
[01:16:36.880 --> 01:16:43.780]  scooter in the building.
[01:16:43.780 --> 01:16:47.980]  I'll explain why when we come back, because you really are.
[01:16:47.980 --> 01:16:54.540]  Randy Kelton, Rule of Law Radio, or call in number 512-646-1984.
[01:16:54.540 --> 01:17:03.980]  We'll be right back.
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[01:19:17.640 --> 01:19:34.560]  Okay, we are back, Randy Kelton, The Rule of Law Radio here with Don and Amy Terry.
[01:19:34.560 --> 01:19:39.560]  And okay, we're going back to Terry, to Amy.
[01:19:39.560 --> 01:19:43.520]  Oh, when we're coming out, I was talking about something when we come out, I got talking
[01:19:43.520 --> 01:19:50.040]  on the break and I forgot what it was.
[01:19:50.040 --> 01:19:56.120]  You did want to speak to the writ on what the clerk was doing.
[01:19:56.120 --> 01:19:58.720]  I think I was talking about getting the clerk arrested.
[01:19:58.720 --> 01:20:02.140]  Yeah, I kind of finished that up.
[01:20:02.140 --> 01:20:06.820]  You can do the same thing to this clerk and they will not believe what's happening because
[01:20:06.820 --> 01:20:07.820]  nobody does.
[01:20:07.820 --> 01:20:11.120]  Oh, baddest motor scooter in the building.
[01:20:11.120 --> 01:20:13.840]  Yeah, that's right.
[01:20:13.840 --> 01:20:19.880]  The public, for the most part, has no idea.
[01:20:19.880 --> 01:20:24.960]  You know, I was in the military and when a general would come on the base, we had to
[01:20:24.960 --> 01:20:30.480]  pick up every cigarette butt, carefully trim every blade of grass.
[01:20:30.480 --> 01:20:32.560]  Everything had to be perfect.
[01:20:32.560 --> 01:20:35.340]  There was only one person on the base.
[01:20:35.340 --> 01:20:41.280]  People feared more than a general and that was a civilian.
[01:20:41.280 --> 01:20:47.320]  So a civilian was the only one who could march into the general's office and crawl down his
[01:20:47.320 --> 01:20:50.740]  throat stomping their feet all the way.
[01:20:50.740 --> 01:20:54.760]  So we were terrified of civilians.
[01:20:54.760 --> 01:20:57.020]  They could go anywhere to anybody.
[01:20:57.020 --> 01:20:58.020]  We had a problem.
[01:20:58.020 --> 01:21:00.600]  We had to follow a chain of command.
[01:21:00.600 --> 01:21:03.400]  Civilians did not have a chain of command.
[01:21:03.400 --> 01:21:08.920]  When you walk into a courthouse, you are by far the baddest motor scooter in the building
[01:21:08.920 --> 01:21:11.980]  and they do not want you to know that.
[01:21:11.980 --> 01:21:16.040]  And there's only one reason you're the baddest motor scooter.
[01:21:16.040 --> 01:21:21.240]  You're not a judge, you're not a prosecutor, a clerk, a bailiff.
[01:21:21.240 --> 01:21:23.920]  They're all public servants.
[01:21:23.920 --> 01:21:28.520]  You are the master of those servants.
[01:21:28.520 --> 01:21:33.180]  When you walk into a courthouse, you generally have a litigant's hat on, but you've got
[01:21:33.180 --> 01:21:35.420]  another one with you.
[01:21:35.420 --> 01:21:38.420]  And that's the master's hat.
[01:21:38.420 --> 01:21:46.320]  And when the master observes one of his employees stepping outside one of his legal lines or
[01:21:46.320 --> 01:21:52.020]  her legal lines, it is their duty to correct them.
[01:21:52.020 --> 01:21:54.000]  And I never do that out of malice.
[01:21:54.000 --> 01:21:58.440]  I think of my public officials like I do my grandkids.
[01:21:58.440 --> 01:22:01.340]  I love them dearly.
[01:22:01.340 --> 01:22:08.680]  But if one of them runs out in the road, I'm fixing to tan his hat.
[01:22:08.680 --> 01:22:15.760]  Once you got that, everything will change for you.
[01:22:15.760 --> 01:22:20.480]  And we have a perfect opportunity to do that with this clerk.
[01:22:20.480 --> 01:22:30.440]  If you go down there, call 911 and ask them for that return, call 911 and ask the bailiffs
[01:22:30.440 --> 01:22:33.480]  or whoever shows up to arrest the clerk.
[01:22:33.480 --> 01:22:36.360]  Watch what happens.
[01:22:36.360 --> 01:22:43.480]  You get to see this little chicken dance and that's where the responding officer will start
[01:22:43.480 --> 01:22:46.320]  shifting from one foot to the other.
[01:22:46.320 --> 01:22:50.400]  Well, Ms. Terry, I can't do this.
[01:22:50.400 --> 01:22:51.400]  I say, sure you can.
[01:22:51.400 --> 01:22:53.920]  You tell them, you need to take your chicken suit off.
[01:22:53.920 --> 01:22:59.040]  I always tell them to take your chicken suit off.
[01:22:59.040 --> 01:23:00.760]  Ken Magnussen called me.
[01:23:00.760 --> 01:23:03.200]  What were you doing in Mansfield yesterday?
[01:23:03.200 --> 01:23:05.040]  Minding my own business, Ken.
[01:23:05.040 --> 01:23:13.240]  Well, that officer told my brother who is the city attorney that you were agitated.
[01:23:13.240 --> 01:23:19.700]  I said, Ken, ask Craig to ask that officer if I got agitated before I asked him to take
[01:23:19.700 --> 01:23:23.400]  his chicken suit off or after.
[01:23:23.400 --> 01:23:24.640]  He said, you asked him that?
[01:23:24.640 --> 01:23:27.280]  I always ask them that.
[01:23:27.280 --> 01:23:33.040]  He said, I told Craig that you have a way of putting them over the edge, but I always
[01:23:33.040 --> 01:23:36.800]  ask him to take your chicken suit off.
[01:23:36.800 --> 01:23:43.920]  Everything I do when I'm in front of these people is filtered through what will a grand
[01:23:43.920 --> 01:23:50.320]  jury of my peers think about what I'm about to say or do.
[01:23:50.320 --> 01:23:53.960]  These public officials don't do that and they haven't.
[01:23:53.960 --> 01:23:59.440]  For the most part, they have no idea how powerful you are.
[01:23:59.440 --> 01:24:04.960]  You go down there and call 911 or if there's a bailiff there, just ask the bailiff to arrest
[01:24:04.960 --> 01:24:06.960]  her.
[01:24:06.960 --> 01:24:14.240]  When he refuses, call 911 and ask him to send somebody down to arrest the bailiff.
[01:24:14.240 --> 01:24:16.120]  They won't see that coming.
[01:24:16.120 --> 01:24:22.640]  Arrest the bailiff, not arresting the clerk.
[01:24:22.640 --> 01:24:28.440]  When you ask a third officer to arrest the second officer for not arresting the first
[01:24:28.440 --> 01:24:36.680]  officer, you don't have to be real smart to figure out what's happening here and who you're
[01:24:36.680 --> 01:24:40.600]  going to ask to be arrested next.
[01:24:40.600 --> 01:24:44.280]  Once you've done that one time, everything changes.
[01:24:44.280 --> 01:24:49.240]  But you wanted to talk about something else the clerk did.
[01:24:49.240 --> 01:24:55.120]  Yes, but I wanted to say this, it's been our experience that they'll turn around and threaten
[01:24:55.120 --> 01:24:57.000]  to arrest you.
[01:24:57.000 --> 01:25:03.080]  Oh, see, that's because you're not asking to have them arrested.
[01:25:03.080 --> 01:25:13.480]  When you call 911 and that officer responds, if he says one word that you can in any way
[01:25:13.480 --> 01:25:17.800]  take as a threat, for instance, oh, you have to be careful.
[01:25:17.800 --> 01:25:27.200]  You could get in a lot of trouble, 911, obstruction, retaliation, both of them felonies.
[01:25:27.200 --> 01:25:34.480]  I call 911 to report a crime against me and this officer threatened me.
[01:25:34.480 --> 01:25:36.840]  And the officer will say, well, I didn't threaten you.
[01:25:36.840 --> 01:25:42.360]  Well, maybe you didn't intend it as a threat, but I took it as a threat.
[01:25:42.360 --> 01:25:45.760]  You have to take me the way you find me.
[01:25:45.760 --> 01:25:52.760]  I'm especially difficult because I'm a combat veteran and those pistols they wear on their
[01:25:52.760 --> 01:25:54.480]  hips.
[01:25:54.480 --> 01:26:02.280]  I have personal experience with what those things do to human beings.
[01:26:02.280 --> 01:26:06.800]  I have hard experience about what they do to human beings.
[01:26:06.800 --> 01:26:12.180]  For me, that pistol is an incredibly big deal.
[01:26:12.180 --> 01:26:15.400]  You strap that pistol on your hip.
[01:26:15.400 --> 01:26:18.560]  You strap on an incredible responsibility.
[01:26:18.560 --> 01:26:25.640]  If I'm talking to you and your hand gets within two inches of that weapon, I'm calling 911.
[01:26:25.640 --> 01:26:27.760]  My life's at risk.
[01:26:27.760 --> 01:26:34.120]  You are 22 times more likely to be killed by a police officer than anyone else in the
[01:26:34.120 --> 01:26:35.120]  country.
[01:26:35.120 --> 01:26:45.360]  And they're standing there with more weapons and artillery on them than I carried in combat.
[01:26:45.360 --> 01:26:50.040]  These guys scare me.
[01:26:50.040 --> 01:26:52.840]  So just move that hand toward that pistol.
[01:26:52.840 --> 01:26:56.800]  We get a 911 call, that's aggravated assault.
[01:26:56.800 --> 01:27:01.120]  These guys are so incredibly vulnerable.
[01:27:01.120 --> 01:27:03.080]  They have no idea.
[01:27:03.080 --> 01:27:07.640]  And once you make that call, everything changes.
[01:27:07.640 --> 01:27:10.880]  You become a protected class.
[01:27:10.880 --> 01:27:15.320]  When I call 911, I just hope, I hope they say something.
[01:27:15.320 --> 01:27:20.320]  That gives me a reason to call 911 again.
[01:27:20.320 --> 01:27:25.640]  County Courthouse in Fort Worth, I called them three times in a row.
[01:27:25.640 --> 01:27:29.580]  Last time, what'd you send this moron captain out here for?
[01:27:29.580 --> 01:27:31.960]  He doesn't have a clue.
[01:27:31.960 --> 01:27:34.040]  That's when they grabbed me.
[01:27:34.040 --> 01:27:38.160]  One grabbed each arm, they dragged me out of the courthouse, picked me up, drew me down
[01:27:38.160 --> 01:27:43.720]  so my face hit the concrete first.
[01:27:43.720 --> 01:27:49.560]  I got one fired, one retired.
[01:27:49.560 --> 01:27:54.200]  But I don't push it that far anymore.
[01:27:54.200 --> 01:27:58.840]  I got really tired of having my face bashed in the concrete.
[01:27:58.840 --> 01:28:07.640]  But the point is, once you dial 911 and they realize it, they know all of a sudden this
[01:28:07.640 --> 01:28:08.840]  is trouble.
[01:28:08.840 --> 01:28:15.920]  I spoke to this on the air with a guy who does audits, and he's an ex-chief of police.
[01:28:15.920 --> 01:28:20.720]  He said after the show, two of his police friends called him and said, hey man, you
[01:28:20.720 --> 01:28:22.520]  got to talk to that guy.
[01:28:22.520 --> 01:28:24.400]  You got to do something.
[01:28:24.400 --> 01:28:29.000]  If he does that, if he gets people doing that, it puts us in a precarious position.
[01:28:29.000 --> 01:28:31.920]  Yeah, that's the idea.
[01:28:31.920 --> 01:28:32.920]  Really?
[01:28:32.920 --> 01:28:33.920]  Really.
[01:28:33.920 --> 01:28:43.800]  So at this point, they have messed up your case enough that you haven't.
[01:28:43.800 --> 01:28:47.120]  They even did worse than that.
[01:28:47.120 --> 01:28:51.840]  They even did worse than that.
[01:28:51.840 --> 01:28:57.640]  After I told them I would not pay that fee, I told them, we'll see about this.
[01:28:57.640 --> 01:28:58.640]  And so I left.
[01:28:58.640 --> 01:29:04.680]  Well, that's the time when they went to Don and they told him that your wife filed a writ
[01:29:04.680 --> 01:29:05.680]  of habeas.
[01:29:05.680 --> 01:29:11.600]  Well, first, the sheriff comes to Don from what Don said and told him the judge wants
[01:29:11.600 --> 01:29:12.600]  to see you.
[01:29:12.600 --> 01:29:18.200]  Then they take him down there, and it's just another sheriff's deputy, and they want him
[01:29:18.200 --> 01:29:22.040]  to fill out that poppers form.
[01:29:22.040 --> 01:29:26.600]  Well, they tell him that your wife brought in the writ of habeas, and we can't file it
[01:29:26.600 --> 01:29:27.600]  until you pay that.
[01:29:27.600 --> 01:29:34.840]  So Don gave him the poppers form, and they took it to the clerk, and the clerk took the
[01:29:34.840 --> 01:29:40.600]  writ of habeas and converted it to a civil suit against the sheriff.
[01:29:40.600 --> 01:29:45.800]  Oh, this is wonderful.
[01:29:45.800 --> 01:29:53.160]  And she filled it all out in all the wordage of it and everything, the civil complaint.
[01:29:53.160 --> 01:29:57.160]  So she rewrote it?
[01:29:57.160 --> 01:29:58.160]  She wrote it.
[01:29:58.160 --> 01:29:59.160]  She wrote it.
[01:29:59.160 --> 01:30:00.160]  Oh, no.
[01:30:00.160 --> 01:30:03.160]  You'll be right.
[01:30:03.160 --> 01:30:07.920]  Since 9-11, our government has used invasive measures like warrantless phone taps to keep
[01:30:07.920 --> 01:30:12.480]  us safe from terrorists, but too much government surveillance could actually put us at greater
[01:30:12.480 --> 01:30:13.480]  risk.
[01:30:13.480 --> 01:30:18.680]  I'm Dr. Catherine Albrecht, and I'll be back with the unsettling truth in just a moment.
[01:30:18.680 --> 01:30:20.260]  Privacy is under attack.
[01:30:20.260 --> 01:30:23.860]  When you give up data about yourself, you'll never get it back again.
[01:30:23.860 --> 01:30:28.640]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:28.640 --> 01:30:33.800]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:33.800 --> 01:30:36.400]  Privacy, it's worth hanging on to.
[01:30:36.400 --> 01:30:40.680]  This public service announcement is brought to you by StartPage.com, the private search
[01:30:40.680 --> 01:30:44.240]  engine alternative to Google, Yahoo, and Bing.
[01:30:44.240 --> 01:30:47.360]  Start over with StartPage.
[01:30:47.360 --> 01:30:50.480]  Our greatest threat isn't terrorists, it's government.
[01:30:50.480 --> 01:30:54.560]  According to political science professor R.J. Rummel, 20th century governments murdered
[01:30:54.560 --> 01:30:59.320]  nearly 300 million of their own citizens, six times more than all the century's wars
[01:30:59.320 --> 01:31:00.320]  combined.
[01:31:00.320 --> 01:31:04.360]  And governments that kill have one thing in common, too much power.
[01:31:04.360 --> 01:31:08.080]  Surveillance is government power, and historically, governments have used surveillance to protect
[01:31:08.080 --> 01:31:10.080]  themselves rather than citizens.
[01:31:10.080 --> 01:31:13.880]  If you think such abuse couldn't happen in the U.S., just look back to Watergate.
[01:31:13.880 --> 01:31:18.520]  Join me in opposing the Patriot Act, and let's return to the best protection, a federal government
[01:31:18.520 --> 01:31:21.760]  with limited powers in accordance with the U.S. Constitution.
[01:31:21.760 --> 01:31:23.760]  I'm Dr. Catherine Albrecht.
[01:31:23.760 --> 01:31:31.080]  More news and information at CatherineAlbrecht.com.
[01:31:31.080 --> 01:31:36.460]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:36.460 --> 01:31:39.160]  The government says that fire brought it down.
[01:31:39.160 --> 01:31:43.520]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.520 --> 01:31:46.200]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.200 --> 01:31:48.960]  Now, thousands of my fellow first responders are dying.
[01:31:48.960 --> 01:31:50.320]  I'm not a conspiracy theorist.
[01:31:50.320 --> 01:31:51.320]  I'm a structural engineer.
[01:31:51.320 --> 01:31:52.800]  I'm a New York City correction officer.
[01:31:52.800 --> 01:31:53.800]  I'm an Air Force pilot.
[01:31:53.800 --> 01:31:55.480]  I'm a father who lost his son.
[01:31:55.480 --> 01:31:58.080]  We're Americans, and we deserve the truth.
[01:31:58.080 --> 01:32:02.680]  Go to RememberBuilding7.org today.
[01:32:02.680 --> 01:32:05.440]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[01:32:05.440 --> 01:32:09.280]  In today's America, we live in an us-against-them society, and if we the people are ever going
[01:32:09.280 --> 01:32:13.240]  to have a free society, then we're going to have to stand and defend our own rights.
[01:32:13.240 --> 01:32:15.840]  Among those rights are the right to travel freely from place to place.
[01:32:15.840 --> 01:32:19.520]  The right to act in our own private capacity, and most importantly, the right to due process
[01:32:19.520 --> 01:32:20.520]  of law.
[01:32:20.520 --> 01:32:24.280]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[01:32:24.280 --> 01:32:25.600]  our rights through due process.
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[01:32:29.640 --> 01:32:33.400]  most comprehensive teaching tool available that will help you understand what due process
[01:32:33.400 --> 01:32:35.800]  is and how to hold the courts to the rule of law.
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[01:33:03.480 --> 01:33:04.480]  Looking for some truth?
[01:33:04.480 --> 01:33:06.480]  You found it.
[01:33:06.480 --> 01:33:33.680]  Go to RuleOfLawRadio.com.
[01:33:36.480 --> 01:34:00.880]  Okay.
[01:34:00.880 --> 01:34:01.880]  We are back.
[01:34:01.880 --> 01:34:09.000]  Eddie Kelton, Rule of Law Radio, here with Amy and Don Terry.
[01:34:09.000 --> 01:34:15.240]  And when we were going out, we were talking about hammering the clerk.
[01:34:15.240 --> 01:34:25.360]  And the other breaks, when I went out, I was talking about the judge in Fort Worth, Judge
[01:34:25.360 --> 01:34:29.480]  McBride, and a declaratory judgment.
[01:34:29.480 --> 01:34:32.540]  Declaratory judgments are great tools.
[01:34:32.540 --> 01:34:39.840]  And they're relatively new to the point that I've never had a lawyer who knew what it was.
[01:34:39.840 --> 01:34:45.120]  In this case that I filed with McBride, it was a petition for declaratory judgment.
[01:34:45.120 --> 01:34:50.320]  And I asked the court to declare the rights of the parties.
[01:34:50.320 --> 01:35:01.960]  I was speaking to a specific document that the lender that Wells Fargo had filed in the
[01:35:01.960 --> 01:35:10.240]  public record, and I maintained that it was not filed in accordance with standing law.
[01:35:10.240 --> 01:35:16.920]  And I asked the court to rule whether or not this document met the requirements of standing
[01:35:16.920 --> 01:35:17.920]  law.
[01:35:17.920 --> 01:35:24.280]  I didn't ask for any harm or any damages of any kind, just a ruling on point of law as
[01:35:24.280 --> 01:35:29.160]  it related to the rights of the parties.
[01:35:29.160 --> 01:35:36.880]  These declaratory judgment acts were passed in 2011, I think the federal was, and every
[01:35:36.880 --> 01:35:39.540]  state now has one.
[01:35:39.540 --> 01:35:43.960]  But the idea is it takes pressure off the courts.
[01:35:43.960 --> 01:35:49.400]  I think I have a claim based on this point of law.
[01:35:49.400 --> 01:35:55.700]  But this point of law hasn't been addressed, and based on these facts, it's unclear.
[01:35:55.700 --> 01:36:01.160]  So I asked, instead of suing the guy full on, and we go through all the discovery and
[01:36:01.160 --> 01:36:07.260]  all this stuff, we just asked for a ruling on this one fine point.
[01:36:07.260 --> 01:36:11.920]  Every time I file a declaratory judgment suit, I get a Rule 12 motion to dismiss for failure
[01:36:11.920 --> 01:36:15.040]  to state a claim on which recovery can be had.
[01:36:15.040 --> 01:36:19.760]  But this is a declaratory judgment suit, it doesn't have any claims.
[01:36:19.760 --> 01:36:25.060]  If you put one claim in it, it stops being a declaratory judgment suit.
[01:36:25.060 --> 01:36:31.360]  So the day I non-suited it, Judge McBride dismissed it with prejudice for failure to
[01:36:31.360 --> 01:36:33.640]  state a claim.
[01:36:33.640 --> 01:36:39.500]  I went straight to the special agent charge FBI in Dallas and filed official oppression
[01:36:39.500 --> 01:36:43.800]  against the judge.
[01:36:43.800 --> 01:36:50.880]  I've had three people file that exact same document since then, and all three of them
[01:36:50.880 --> 01:36:55.120]  went to him and not one of them was dismissed.
[01:36:55.120 --> 01:36:56.120]  Got his attention.
[01:36:56.120 --> 01:37:01.540]  I didn't pursue prosecuting him because I had too many other things going.
[01:37:01.540 --> 01:37:07.320]  But criminal charges are incredibly powerful.
[01:37:07.320 --> 01:37:16.520]  Especially if you could file a federal claim against a state actor, because then you get
[01:37:16.520 --> 01:37:26.040]  the feds calling down to the state actors saying, I got this guy up here trying to get
[01:37:26.040 --> 01:37:28.280]  me to arrest you.
[01:37:28.280 --> 01:37:31.900]  You want to tell me what this is all about?
[01:37:31.900 --> 01:37:38.400]  They are not going to like having to explain themselves to the feds, and this goes to another
[01:37:38.400 --> 01:37:48.360]  really cool trick one of our callers brought up recently about sending certified mail.
[01:37:48.360 --> 01:37:58.780]  He sent in a certified document and insured it for 500 bucks, he said it cost him $5.
[01:37:58.780 --> 01:38:03.960]  So what we do when we send criminal complaints like to a grand jury, the grand jury will
[01:38:03.960 --> 01:38:06.880]  never get it, the prosecutor will intercept it.
[01:38:06.880 --> 01:38:13.120]  So we put a cover letter in there asking the foreman to sign this and send it back to us.
[01:38:13.120 --> 01:38:16.720]  I'm sorry, asking the foreman to initial it and send it back to us.
[01:38:16.720 --> 01:38:23.000]  Do not sign it because the prosecutor has a rubber stamp with your name on it.
[01:38:23.000 --> 01:38:27.640]  Well, when the prosecutor sees that, he's going to get the document, get it and open
[01:38:27.640 --> 01:38:28.640]  it.
[01:38:28.640 --> 01:38:31.200]  That's the way he's giving that to the foreman.
[01:38:31.200 --> 01:38:33.120]  So we don't get that letter back.
[01:38:33.120 --> 01:38:37.560]  When we don't get that letter back, we go down to the post office and ask for our 500
[01:38:37.560 --> 01:38:43.280]  bucks because we insured the package.
[01:38:43.280 --> 01:38:49.440]  The postal inspectors, if they pay that 500 bucks, it's likely to increase their bond
[01:38:49.440 --> 01:38:50.440]  rating.
[01:38:50.440 --> 01:38:54.280]  They don't care about the 500 bucks, they care about their bond rating.
[01:38:54.280 --> 01:39:00.280]  So they're going to run down there and stomp all over these guys.
[01:39:00.280 --> 01:39:07.160]  I had a friend who was in mail order and he said, you think the feds are bad?
[01:39:07.160 --> 01:39:12.400]  You have not lived until you had the post inspectors after you.
[01:39:12.400 --> 01:39:15.400]  So we sick them on these guys.
[01:39:15.400 --> 01:39:18.000]  I love dirty tricks.
[01:39:18.000 --> 01:39:25.640]  Okay, where did you want to go from here, Amy?
[01:39:25.640 --> 01:39:34.320]  Well, the next thing that happened was the clerk, well, after they went to Don and got
[01:39:34.320 --> 01:39:42.320]  his pauperous form, they took it to the clerk, the sheriff took it to the clerk and the clerk
[01:39:42.320 --> 01:39:48.520]  converted the writ of habeas into a civil case against the sheriff.
[01:39:48.520 --> 01:39:53.640]  Gave it another number.
[01:39:53.640 --> 01:39:55.160]  She gave it another number.
[01:39:55.160 --> 01:40:02.800]  Yes, they gave it another number and they also, they filled out the paperwork.
[01:40:02.800 --> 01:40:07.600]  She filled out the paperwork, it had to be her, herself, because I think she's covering
[01:40:07.600 --> 01:40:15.120]  what went on and she filled the whole civil case out herself.
[01:40:15.120 --> 01:40:19.680]  Don didn't fill it out, he just gave them the pauperous form.
[01:40:19.680 --> 01:40:25.240]  She could go to jail for this.
[01:40:25.240 --> 01:40:27.440]  This is serious enough.
[01:40:27.440 --> 01:40:31.280]  It's not like she just made a clerical error.
[01:40:31.280 --> 01:40:38.480]  Rewriting a document is not a clerical error.
[01:40:38.480 --> 01:40:39.480]  This is a big deal.
[01:40:39.480 --> 01:40:41.680]  Well, then they made clerical errors on purpose.
[01:40:41.680 --> 01:40:47.120]  Yeah, this is a big deal.
[01:40:47.120 --> 01:40:50.400]  Everybody's going to want to protect her so they will stick their necks out to protect
[01:40:50.400 --> 01:40:57.640]  her and then we need to be aware of this so we can help them stick their necks out a little
[01:40:57.640 --> 01:40:58.640]  further.
[01:40:58.640 --> 01:41:15.080]  Well, they did and what they did was the civil side went and took Don's record that said
[01:41:15.080 --> 01:41:22.760]  he filed this and they stuck some other man with the name Donald, first name, and a different
[01:41:22.760 --> 01:41:35.160]  last name and stuck it into that complaint and stuck it into that civil suit and it's
[01:41:35.160 --> 01:41:36.760]  somebody else's document.
[01:41:36.760 --> 01:41:50.080]  Do you remember what she said, Don, that Robin said that the name was not what his name was,
[01:41:50.080 --> 01:41:54.160]  not the paper that she mentioned last night?
[01:41:54.160 --> 01:41:58.120]  Yeah, I don't remember.
[01:41:58.120 --> 01:41:59.120]  I don't remember.
[01:41:59.120 --> 01:42:00.120]  No.
[01:42:00.120 --> 01:42:01.640]  Yeah, I don't either.
[01:42:01.640 --> 01:42:07.360]  But they messed up the whole file so she corrected them and she said, well, they were all together.
[01:42:07.360 --> 01:42:08.360]  I didn't know.
[01:42:08.360 --> 01:42:14.880]  So it's like they don't even know what they're doing or they did it on purpose.
[01:42:14.880 --> 01:42:22.140]  You can never presume that they did not know what they were doing.
[01:42:22.140 --> 01:42:26.440]  They know what they're doing as a matter of law.
[01:42:26.440 --> 01:42:34.780]  If they do something incorrect, you must presume they did it intentionally.
[01:42:34.780 --> 01:42:37.640]  Maybe they did make a mistake.
[01:42:37.640 --> 01:42:42.880]  Let them explain themselves to a grand jury.
[01:42:42.880 --> 01:42:52.080]  Be sure that a grand jury will be reasonable and understand it and won't throw them in
[01:42:52.080 --> 01:42:53.080]  jail.
[01:42:53.080 --> 01:43:00.040]  I went to my prosecuting attorney, the prosecuting attorney in Wise County, Texas, if any prosecutor
[01:43:00.040 --> 01:43:04.720]  on the planet has his moral center in the right place is Greg Lowery.
[01:43:04.720 --> 01:43:08.760]  And he said with his head in his hand, I said, what's the matter, Greg?
[01:43:08.760 --> 01:43:15.240]  Those darn grand jurors, you never know what they're going to do.
[01:43:15.240 --> 01:43:22.640]  And I held my hands up and looked up at the ceiling and said, there is a God.
[01:43:22.640 --> 01:43:26.680]  I could not have heard anything any better.
[01:43:26.680 --> 01:43:33.360]  Scalia in Williams v. State said that any prosecutor worth his salt can get a ham sandwich
[01:43:33.360 --> 01:43:34.360]  indicted.
[01:43:34.360 --> 01:43:35.960]  Well, that may be true.
[01:43:35.960 --> 01:43:40.560]  The problem is keeping the ham sandwich from getting indicted.
[01:43:40.560 --> 01:43:42.240]  Good luck with that one.
[01:43:42.240 --> 01:43:43.240]  Hang on.
[01:43:43.240 --> 01:43:44.240]  Going to break.
[01:43:44.240 --> 01:43:45.920]  Felice, I see you there.
[01:43:45.920 --> 01:43:49.680]  And if I'm remembering right, that's the wrong name.
[01:43:49.680 --> 01:43:50.840]  You're really a guy.
[01:43:50.840 --> 01:43:51.840]  We will.
[01:43:51.840 --> 01:43:52.840]  We will get to you.
[01:43:52.840 --> 01:43:53.840]  Hang on.
[01:43:53.840 --> 01:44:00.680]  We'll be right back.
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[01:46:22.400 --> 01:46:47.280]  As we sow, so shall we reap, too many crucial worms get put on hold while we see, try as
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[01:47:02.320 --> 01:47:23.720]  Okay, we are back, Randy Kelton, Rule of Law Radio, here with Don and Amy Terry, and on
[01:47:23.720 --> 01:47:30.400]  the break we were talking about the apparent strategy of what they're trying to do.
[01:47:30.400 --> 01:47:32.640]  Don, will you address that?
[01:47:32.640 --> 01:47:42.680]  Yeah, of course this was started from a traffic stop, but when I went to court, the prosecutor
[01:47:42.680 --> 01:47:44.560]  didn't dismiss it directly.
[01:47:44.560 --> 01:47:49.000]  They said, we need time to look at this to make sure we're filing a federal lawsuit against
[01:47:49.000 --> 01:47:53.960]  a public official does not violate a state law, this new state law made for people who
[01:47:53.960 --> 01:47:57.040]  are filing liens on other people, public officials.
[01:47:57.040 --> 01:48:02.280]  So they didn't dismiss it outright, they're thinking about it supposedly, and it's possible
[01:48:02.280 --> 01:48:08.320]  that they're, because after they did that, I didn't get out that night, they had to go
[01:48:08.320 --> 01:48:13.920]  back to the city court, calling in the court is being generous, but going back to the city
[01:48:13.920 --> 01:48:16.960]  building and facing that.
[01:48:16.960 --> 01:48:24.360]  And Amy is saying that they wanted me to plead guilty just to get out of that, but that would
[01:48:24.360 --> 01:48:28.120]  make everything I did in 10 months wasted, and then they could come back and say that
[01:48:28.120 --> 01:48:32.640]  was a sham legal process, because I did admit guilty to the traffic ticket, but of course
[01:48:32.640 --> 01:48:34.720]  that didn't happen, I did not do that.
[01:48:34.720 --> 01:48:40.840]  Yeah, and I called down there and accused them of doing just exactly that.
[01:48:40.840 --> 01:48:47.200]  Well, and you know, wasn't it generous of them to send down the lawyers that they picked
[01:48:47.200 --> 01:48:52.080]  out for Don, because he really wasn't down there for Don, he was down there to represent
[01:48:52.080 --> 01:48:53.080]  the judge.
[01:48:53.080 --> 01:49:02.400]  Oh, which brings me to a topic, how to handle your lawyer.
[01:49:02.400 --> 01:49:10.740]  The last prosecution against me in Austin was dismissed by the judge to protect my lawyer
[01:49:10.740 --> 01:49:13.920]  from me.
[01:49:13.920 --> 01:49:16.180]  We got how to handle the lawyer.
[01:49:16.180 --> 01:49:23.680]  When you were talking about them appointing you counsel, I was thinking, wonderful.
[01:49:23.680 --> 01:49:29.440]  We can show you how to grab that lawyer by his testicles.
[01:49:29.440 --> 01:49:32.960]  We have to be careful about the language you use here.
[01:49:32.960 --> 01:49:37.600]  Okay, court appointed counsel, here's what happens.
[01:49:37.600 --> 01:49:40.560]  Do you know what happens if you file a bar grievance against a lawyer?
[01:49:40.560 --> 01:49:41.880]  Not exactly.
[01:49:41.880 --> 01:49:45.520]  Yeah, it's the same everywhere.
[01:49:45.520 --> 01:49:50.040]  You file a bar grievance against the lawyer, the state bar is going to get that grievance
[01:49:50.040 --> 01:49:53.680]  and they're going to throw it in the trash.
[01:49:53.680 --> 01:49:55.940]  And that's a good thing.
[01:49:55.940 --> 01:49:59.760]  The reason it's a good thing is their insurance carrier knows they're going to throw it in
[01:49:59.760 --> 01:50:00.760]  the trash.
[01:50:00.760 --> 01:50:04.000]  So how do they gauge their level of risk?
[01:50:04.000 --> 01:50:05.000]  By valid bar grievances?
[01:50:05.000 --> 01:50:07.560]  Heck, they throw them all in the trash.
[01:50:07.560 --> 01:50:09.420]  By the numbers.
[01:50:09.420 --> 01:50:13.380]  One bar grievance your first year of practice, they cancel immediately.
[01:50:13.380 --> 01:50:16.940]  Two bar grievances, any one year of practice, they cancel.
[01:50:16.940 --> 01:50:20.560]  Three, they cancel your law firm's malpractice insurance.
[01:50:20.560 --> 01:50:26.180]  If you're a lawyer and you get three bar grievances against you, no law firm in their right mind
[01:50:26.180 --> 01:50:28.660]  will hire you.
[01:50:28.660 --> 01:50:33.640]  They put you on a case, you win the case, but you don't win as much as the litigant
[01:50:33.640 --> 01:50:34.640]  expected you to.
[01:50:34.640 --> 01:50:39.060]  And he looks at your record and say, you give me this guy with three bar grievances.
[01:50:39.060 --> 01:50:40.720]  No wonder he lost my case.
[01:50:40.720 --> 01:50:44.740]  And then they sue the law firm.
[01:50:44.740 --> 01:50:48.760]  Lawyers are exquisitely vulnerable.
[01:50:48.760 --> 01:50:58.460]  Brett, he's my cohost, Brett Fountain, he was talking about a friend of his that he
[01:50:58.460 --> 01:51:03.880]  had the guy, he hired an expensive lawyer and the lawyer wouldn't do anything.
[01:51:03.880 --> 01:51:09.340]  And had him give him a brochure about bar grievances.
[01:51:09.340 --> 01:51:13.420]  He said the lawyer freaked out.
[01:51:13.420 --> 01:51:18.260]  They went into court and the lawyer is telling the judge, I can't do this.
[01:51:18.260 --> 01:51:24.020]  I can't work with a knife to my throat and a sword of Damocles hanging over my head.
[01:51:24.020 --> 01:51:26.980]  He hadn't filed a bar grievance.
[01:51:26.980 --> 01:51:32.340]  He just showed him this brochure and the lawyer was losing it.
[01:51:32.340 --> 01:51:36.960]  It is a big deal to bar grieve a lawyer.
[01:51:36.960 --> 01:51:46.460]  So I had a Capitol Police smash me in the wall, knock out, break one of my teeth when
[01:51:46.460 --> 01:51:55.500]  I asked him what part of I do not want to talk to you, do you not understand?
[01:51:55.500 --> 01:52:00.700]  Because I'd called 911, I was waiting for Austin police to come and arrest the Capitol
[01:52:00.700 --> 01:52:01.700]  Police.
[01:52:01.700 --> 01:52:09.020]  Well, they didn't prosecute me, they arrested me, held me overnight and released me with
[01:52:09.020 --> 01:52:10.340]  no charges.
[01:52:10.340 --> 01:52:14.500]  But then when I started filing information requests, they filed charges.
[01:52:14.500 --> 01:52:20.260]  I went to file at the FBI and the FBI arrested me.
[01:52:20.260 --> 01:52:26.820]  So I went to court, they called me into court and I knew what it was for.
[01:52:26.820 --> 01:52:31.220]  They were calling me in to find out if I had a lawyer, but the summons didn't say that.
[01:52:31.220 --> 01:52:36.540]  So they called me up before the court and I said, your honor, I said, are you Randall
[01:52:36.540 --> 01:52:37.540]  Kelton?
[01:52:37.540 --> 01:52:38.540]  I said, yes, your honor, I am.
[01:52:38.540 --> 01:52:41.700]  And I have the summons here, but it doesn't tell me why I'm here.
[01:52:41.700 --> 01:52:43.340]  You want to tell me what I'm doing here?
[01:52:43.340 --> 01:52:50.360]  Well, Mr. Kelton, it was Ron Earle's daughter said, well, Mr. Kelton, we needed to find
[01:52:50.360 --> 01:52:52.820]  out if you had an attorney.
[01:52:52.820 --> 01:52:57.500]  I said, well, I have read 28.01 Texas Code of Criminal Procedure.
[01:52:57.500 --> 01:53:02.940]  It lists all of those things you can order me to court for to see if I have an attorney's
[01:53:02.940 --> 01:53:04.580]  not one of them.
[01:53:04.580 --> 01:53:10.860]  Well, it got real tense there for a minute, but I decided that since she was Ron Earle's
[01:53:10.860 --> 01:53:14.680]  daughter, she was likely to be very political.
[01:53:14.680 --> 01:53:20.020]  So I backed off and she said, well, Mr. Kelton, we needed to find out if you've had an attorney.
[01:53:20.020 --> 01:53:21.020]  Do you have an attorney?
[01:53:21.020 --> 01:53:22.020]  Nope.
[01:53:22.020 --> 01:53:24.020]  Are you going to hire an attorney?
[01:53:24.020 --> 01:53:25.020]  Nope.
[01:53:25.020 --> 01:53:26.420]  Would you like me to appoint you counsel?
[01:53:26.420 --> 01:53:27.740]  I don't care what you do.
[01:53:27.740 --> 01:53:30.940]  Well, Mr. Kelton, I'm going to appoint you counsel.
[01:53:30.940 --> 01:53:35.560]  I said, well, if you do make sure you appoint one you really don't like.
[01:53:35.560 --> 01:53:39.580]  And she kind of chuckled and said, well, I got this attorney wheel and you just get the
[01:53:39.580 --> 01:53:41.980]  next one off the wheel.
[01:53:41.980 --> 01:53:45.020]  Brand new attorney takes me in this room, starts telling me how things are going to
[01:53:45.020 --> 01:53:46.020]  go.
[01:53:46.020 --> 01:53:50.000]  I let him run on for a minute and I said, stop, stop, stop.
[01:53:50.000 --> 01:53:51.700]  That's not how things are going to go.
[01:53:51.700 --> 01:53:54.840]  Well, Mr. Kelton, how are things going to go then?
[01:53:54.840 --> 01:53:56.660]  This is how they're going to go.
[01:53:56.660 --> 01:54:01.880]  You're going to go to the judge and ask the judge to be removed from this case.
[01:54:01.880 --> 01:54:05.460]  And I'm going to go to the judge and tell the judge, don't you dare remove him from
[01:54:05.460 --> 01:54:06.580]  this case.
[01:54:06.580 --> 01:54:11.220]  He is my counsel of choice and he's under contract.
[01:54:11.220 --> 01:54:16.100]  And the prosecutor and the lawyer said, well, Mr. Kelton, I'm not under contract with you.
[01:54:16.100 --> 01:54:17.660]  I'm under contract with the state.
[01:54:17.660 --> 01:54:22.100]  I said, yes, you are, but I'm the intended third party beneficiary and I have standing
[01:54:22.100 --> 01:54:23.360]  under the contract.
[01:54:23.360 --> 01:54:25.020]  And the judge is going to remove you from the case.
[01:54:25.020 --> 01:54:26.500]  And he said, yes, he will.
[01:54:26.500 --> 01:54:32.520]  Then I get to sue the judge for interfering with the contract and you can see the lawyer,
[01:54:32.520 --> 01:54:38.980]  the look on his face said, he's going to get me disbarred.
[01:54:38.980 --> 01:54:44.620]  If he told me that once, he told me 20 times that I was going to get him disbarred.
[01:54:44.620 --> 01:54:47.900]  I told him, I have a habeas corpus filed in this case.
[01:54:47.900 --> 01:54:52.340]  I've got 19 separate issues.
[01:54:52.340 --> 01:54:57.000]  You will adequately adjudicate every single one of them.
[01:54:57.000 --> 01:54:59.580]  You fail to adequately adjudicate a single one.
[01:54:59.580 --> 01:55:02.900]  I'll bar grieve you for each one.
[01:55:02.900 --> 01:55:09.280]  Mr. Kelton, you would grieve me in a heartbeat.
[01:55:09.280 --> 01:55:13.300]  So he's terrified I'm going to end his career.
[01:55:13.300 --> 01:55:15.040]  We're in court.
[01:55:15.040 --> 01:55:16.040]  They're up at the bench.
[01:55:16.040 --> 01:55:18.620]  I'm outside the bar.
[01:55:18.620 --> 01:55:23.180]  My lawyer comes back to me and he said, the prosecutor said, she knows who you are.
[01:55:23.180 --> 01:55:26.940]  And if you start filing criminal charges, she's going to charge you tampered with a
[01:55:26.940 --> 01:55:27.940]  government document.
[01:55:27.940 --> 01:55:31.500]  I looked over at her and said, she said that, did she?
[01:55:31.500 --> 01:55:37.440]  And the prosecutor, she's woman, she scooches up against the bench like the judge is going
[01:55:37.440 --> 01:55:39.260]  to protect her.
[01:55:39.260 --> 01:55:43.100]  And I reached in my case and pulled out 30 criminal complaints.
[01:55:43.100 --> 01:55:45.180]  I said, I got 30 of them here.
[01:55:45.180 --> 01:55:50.560]  Get her over here to verify these in accordance with her duty under article 2.06, code of
[01:55:50.560 --> 01:55:51.560]  criminal procedure.
[01:55:51.560 --> 01:55:53.820]  And I pointed at her, you come here.
[01:55:53.820 --> 01:55:55.660]  She scooched up against the bench.
[01:55:55.660 --> 01:55:59.340]  I turned to the lawyer and handed them to him.
[01:55:59.340 --> 01:56:03.460]  He held up both hands with his palms out and said, I'm not going to touch him.
[01:56:03.460 --> 01:56:04.460]  I'm not going to take him.
[01:56:04.460 --> 01:56:05.460]  Touch him.
[01:56:05.460 --> 01:56:06.460]  Take him, you chicken.
[01:56:06.460 --> 01:56:09.180]  I didn't actually, you chicken excrement.
[01:56:09.180 --> 01:56:12.360]  I was a little bit more explicit than that.
[01:56:12.360 --> 01:56:15.280]  And I did this right in front of the judge.
[01:56:15.280 --> 01:56:19.940]  The judge picks up the gavel, calls a recess.
[01:56:19.940 --> 01:56:25.540]  Before I could get my burrito, the lawyer called me and he was ecstatic.
[01:56:25.540 --> 01:56:28.660]  The judge dismissed the case.
[01:56:28.660 --> 01:56:32.380]  I said, did he dismiss it with prejudice?
[01:56:32.380 --> 01:56:33.380]  Well no.
[01:56:33.380 --> 01:56:35.820]  Well, get your behind back in there and get this case back on.
[01:56:35.820 --> 01:56:39.860]  I want it dismissed with prejudice, oh, Mr. Kelton.
[01:56:39.860 --> 01:56:42.180]  I was just jerking his chain.
[01:56:42.180 --> 01:56:48.500]  The judge dismissed the case to protect my lawyer from me.
[01:56:48.500 --> 01:56:50.380]  We can handle lawyers.
[01:56:50.380 --> 01:56:54.500]  Well, we'll see.
[01:56:54.500 --> 01:57:03.820]  In the case for Don, during, because it wasn't quite clear, during the circuit court trial
[01:57:03.820 --> 01:57:10.660]  after the appellate court was in contact, I guess the appellate court, because they
[01:57:10.660 --> 01:57:16.540]  were served a writ of habeas, because the circuit court wouldn't take it, so the appellate
[01:57:16.540 --> 01:57:22.980]  court went behind scenes, talked to the circuit court, and all of a sudden, Don has a court
[01:57:22.980 --> 01:57:23.980]  date.
[01:57:23.980 --> 01:57:30.020]  So the lawyer that they're trying, who was already complete and no longer Don's lawyer
[01:57:30.020 --> 01:57:40.180]  since the evaluation was finished, that lawyer comes back in and asks, I would like the definition
[01:57:40.180 --> 01:57:43.260]  of where I am in this case.
[01:57:43.260 --> 01:57:49.140]  And plus he filed a, what was it, Don?
[01:57:49.140 --> 01:57:50.140]  Motion to dismiss.
[01:57:50.140 --> 01:57:51.140]  Oh.
[01:57:51.140 --> 01:57:54.220]  Yeah, motion to dismiss the case.
[01:57:54.220 --> 01:57:56.340]  Hold on, guys.
[01:57:56.340 --> 01:58:01.980]  You know, you'll only win your case if you have the politics on your side.
[01:58:01.980 --> 01:58:05.620]  So who sent him in there to do that?
[01:58:05.620 --> 01:58:06.620]  Good.
[01:58:06.620 --> 01:58:10.140]  Well, it was obvious to the judge.
[01:58:10.140 --> 01:58:12.260]  He's doing it in the behalf of the judge.
[01:58:12.260 --> 01:58:18.900]  Well, see, before this, they had another court date which the judge didn't show up.
[01:58:18.900 --> 01:58:26.660]  And that lawyer came out in behalf of the judge and offered Don three different pleas.
[01:58:26.660 --> 01:58:33.260]  OK, wait, wait, hang on.
[01:58:33.260 --> 01:58:34.260]  Hang on.
[01:58:34.260 --> 01:58:35.260]  Back to go to break.
[01:58:35.260 --> 01:58:37.420]  Randy Kelton, Rule of Law Radio.
[01:58:37.420 --> 01:58:42.100]  I call in number 512646 1984.
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