ROL_2019-12-12_16k.timecode

[00:00.000 --> 00:13.200]  Markets for Monday the 22nd of July 2019 open with Precious Metals, Gold $1,429.00, Silver
[00:13.200 --> 00:23.960]  $16.45.00, Copper $2.75.00, Oil, Texas Crew $55.63.00, Brent Crew $62.47.00, and Cryptos
[00:23.960 --> 00:34.960]  an Order of Market Cap, Bitcoin Core $10,566.52, Ethereum $227.26, XRP Ripple $0.33, Litecoin
[00:34.960 --> 00:45.960]  $100.31, and Bitcoin Cash is at $324.10, a crypto coin.
[00:45.960 --> 00:52.240]  In history, the year 1916, the preparedness day bombing, a timed suitcase bomb, was detonated
[00:52.240 --> 00:57.560]  on Market Street in San Francisco during the World War I Preparedance Day Parade, killing
[00:57.560 --> 01:04.560]  10 and injuring 40 today in history.
[01:04.560 --> 01:09.200]  In recent news, since Governor Greg Abbott signed House Bill 1325, legalizing Hempett
[01:09.200 --> 01:13.880]  attacks his law back in June, county prosecutors around the state, including Houston, Austin
[01:13.880 --> 01:17.880]  and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:17.880 --> 01:22.080]  new ones, since they are stipulating that they do not have the time or the laboratory
[01:22.080 --> 01:24.640]  equipment to test the herb for THC.
[01:24.640 --> 01:28.280]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.280 --> 01:32.840]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:32.840 --> 01:33.840]  law.
[01:33.840 --> 01:37.440]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.440 --> 01:41.960]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:41.960 --> 01:48.120]  in Texas, and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.120 --> 01:54.320]  well as other cities, too, like the District Attorney in El Paso, Kaima Esparza, a Democrat
[01:54.320 --> 01:58.800]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:58.800 --> 02:01.520]  prosecution of marijuana cases in El Paso.
[02:01.520 --> 02:06.600]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.600 --> 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 --> 02:22.400]  charged with.
[02:22.400 --> 02:27.040]  A paper by Tulane University identified a five-and-a-half-inch American pocket shark
[02:27.040 --> 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 --> 02:39.320]  Pacific Ocean.
[02:39.320 --> 02:43.600]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.600 --> 02:49.880]  its front fins for the purpose it is hypothesized to lure and prey who may be drawn into the
[02:49.880 --> 03:16.840]  clove.
[03:16.840 --> 03:31.840]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you?
[03:31.840 --> 03:37.840]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you?
[03:37.840 --> 03:42.840]  When you were eight and you had bad dreams, you go to school and learn the golden rules.
[03:42.840 --> 03:48.840]  So why are you acting like a bloody fool if you get high and you must get cool?
[03:48.840 --> 03:59.840]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you?
[03:59.840 --> 04:10.840]  Bad boys, bad boys, what you gonna do, what you gonna do, what you gonna do when they come for you?
[04:10.840 --> 04:16.840]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you?
[04:16.840 --> 04:21.840]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you?
[04:51.840 --> 04:54.360]  What you going to do when they come for you?
[04:54.360 --> 04:55.800]  Bad boys, bad boys
[04:55.800 --> 04:57.640]  What you gonna do?
[04:57.640 --> 04:59.380]  What you going to do when they come for you?
[04:59.380 --> 05:01.200]  Bad boys, bad boys
[05:01.200 --> 05:02.680]  What you gonna do?
[05:02.680 --> 05:06.680]  What's it gonna do when it's done for you?
[05:06.680 --> 05:35.680]  What if you have an exo-moon? Don't you know you're free? You may be born of a mother with the love of a father
[05:35.680 --> 05:42.680]  Reflection, good and deflection, good, I know sometimes, you wanna let go
[05:42.680 --> 05:48.680]  Hey, hey, hey, I know sometimes, you wanna let go
[05:48.680 --> 05:59.680]  Bad boys, bad boys, what's it gonna do? What's it gonna do when they come for you?
[05:59.680 --> 06:10.680]  You're too bad, you're too rude, you're too rude, you're too rude
[06:10.680 --> 06:21.680]  Bad boys, bad boys, what's it gonna do? What's it gonna do when they come for you?
[06:21.680 --> 06:32.680]  You're too rude, you're too rude, you're too rude, you're too rude, you're too rude
[06:32.680 --> 06:55.680]  Bad boys, bad boys, what's it gonna do? What's it gonna do when they come for you?
[06:55.680 --> 07:08.680]  Okay, howdy, howdy, Randy Kelton, Brett Fountain, Roodle Law Radio on this Thursday, the 12th day of December 2019
[07:08.680 --> 07:22.680]  And a little update on my software situation, I am getting SEC comply up and working, putting the team together
[07:22.680 --> 07:27.680]  I've got my, the best part of the team is I've got the programmer online
[07:27.680 --> 07:38.680]  Questionsoft, this guy, he's not just a programmer, he's a businessman, he understands business
[07:38.680 --> 07:47.680]  And, you know, I was, every time I talked to him, I was talking to him about the programs that I needed
[07:47.680 --> 07:53.680]  And he finally got me to shut up and listen and answer the questions he was asking me
[07:53.680 --> 08:01.680]  And he wasn't asking me questions so much about software as my business model
[08:01.680 --> 08:06.680]  What I was doing, what I wanted to do, how I could improve my business
[08:06.680 --> 08:19.680]  And once I learned to close my mouth and listen to him, he asked really good questions and then came back with better software than I had expected to start with
[08:19.680 --> 08:27.680]  And he's kept that up for quite a while, the only reason my software is up and working is because of Nikolai
[08:27.680 --> 08:37.680]  I spent, if you guys have been listening to me for the last few years, you've heard me get a little bit excited about programmers
[08:37.680 --> 08:40.680]  And most of it was not happy excitement
[08:40.680 --> 08:50.680]  So finally, I've got someone who is mainly a development consultant
[08:50.680 --> 09:03.680]  If you have a programming issue, if you have a business issue that you think technology could help you streamline, this is the right guy to call
[09:03.680 --> 09:10.680]  Call me, I'll get you in touch with him or just send me an email or just look up questionsoft.com
[09:10.680 --> 09:20.680]  You know, I don't usually do promotions like this, but with me, this guy is absolutely urgent
[09:20.680 --> 09:30.680]  I've got SEC comply up and working, I've got the website pretty decent
[09:30.680 --> 09:36.680]  Nikolai looked at it the last time and didn't even curl his nose up, and that was the first time
[09:36.680 --> 09:44.680]  He grudgingly said, well, it'll pass, so if it'll pass Nikolai, it's pretty good
[09:44.680 --> 09:51.680]  I've got the website up and I am beginning to go to people in the space
[09:51.680 --> 10:02.680]  People who are developing unique ideas and in going and looking in the different blogs and such
[10:02.680 --> 10:12.680]  I'm beginning to understand why these people talk about looking for paradigm changing projects
[10:12.680 --> 10:22.680]  Because I'm finding just stacks and stacks of people that are starting an accounting business, starting a real estate business
[10:22.680 --> 10:33.680]  Starting a standard ordinary run of the mill business, and for them, all the procedures are pretty well in place
[10:33.680 --> 10:42.680]  The ones that really need the best of the best are the ones that found something new and different
[10:42.680 --> 10:52.680]  Something outside the box, there are no prescriptions in place for what we're doing
[10:52.680 --> 10:57.680]  For SEC comply and LegalEarth, there's just nothing out there
[10:57.680 --> 11:04.680]  I have no guidelines to go by and I'm putting together a team to help me fill in these spaces
[11:04.680 --> 11:09.680]  Pretty soon I expect to begin launching this thing
[11:09.680 --> 11:17.680]  But how has your week gone? Brett and I have been e-mailing back and forth
[11:17.680 --> 11:26.680]  The Cumbie, the city where he got this ticket and started out fighting these guys
[11:26.680 --> 11:31.680]  The same cop from the same city gave me a ticket
[11:31.680 --> 11:41.680]  And I drove 600 miles from Tennessee to Cumbie, Texas to file some documents in the court
[11:41.680 --> 11:47.680]  They had no judge, they had no court clerk
[11:47.680 --> 11:58.680]  The mayor was there and got the mayor called the prosecutor and they refused to allow me to file documents in the record
[11:58.680 --> 12:13.680]  So I drove 600 miles to do that, I got in the car and went straight back to Tennessee
[12:13.680 --> 12:18.680]  I didn't go home because it was another 150 miles home, so I went back
[12:18.680 --> 12:31.680]  And I just got noticed from the state of Texas that Cumbie has entered an adjudication against me and now I can't renew my license
[12:31.680 --> 12:44.680]  So I'm going to go down to the Tennessee License Bureau and tell them, I want a good Tennessee license, I want you to give me one
[12:44.680 --> 12:50.680]  And they're going to check and they're going to say, you've got a hold on your license out of Texas
[12:50.680 --> 12:56.680]  And I'm going to say, so what? This ain't Texas
[12:56.680 --> 13:01.680]  Well, if you have a hold in Texas, we can't give it to you in Tennessee
[13:01.680 --> 13:16.680]  Oh, yes you can, because unlike 47 of 50 states, the state of Tennessee opted out of the driver's license compact in 1996
[13:16.680 --> 13:23.680]  So there is no reciprocity between Tennessee and Texas
[13:23.680 --> 13:29.680]  And I'm going to go the amend to not giving me a license
[13:29.680 --> 13:36.680]  Now I have myself a federal claim and you have essentially the same claim
[13:36.680 --> 13:38.680]  I do
[13:38.680 --> 13:40.680]  Can you explain that?
[13:40.680 --> 13:46.680]  Yes, so I was having trouble getting the Texas people to give me a license
[13:46.680 --> 13:57.680]  And I saw that there are, at the time I only knew about two of these, you mentioned the compact, the driver's license compact
[13:57.680 --> 14:04.680]  I forget the names of them, NRVC, there's violators, compact, there's two different ones
[14:04.680 --> 14:15.680]  And there are two states in the union, among the 50, there's a bunch of states that don't do one or the other
[14:15.680 --> 14:22.680]  But there's only two states that do neither, and that was Michigan and Wisconsin
[14:22.680 --> 14:29.680]  So I took a look at Michigan and Wisconsin and I said, well, I'll move to Michigan
[14:29.680 --> 14:36.680]  Bought some land, went up there and moved to Michigan, found out it was a really good deal on some land
[14:36.680 --> 14:44.680]  Just shopping around and I found a great deal, so I went to Michigan, moved my voter registration and everything
[14:44.680 --> 14:52.680]  I passed all their tests with flying colors and everything should be finished, got my bank set up and, you know, it's all done
[14:52.680 --> 15:01.680]  Except at the very end, he's about to hand me, he actually did, he put the piece of paper, the temporary on the table in front of me
[15:01.680 --> 15:12.680]  And then this little beep comes up on the side and he goes, oh, oh, well actually, I can't give you this license
[15:12.680 --> 15:22.680]  He says, there is, forget how he called it, the National Driver Registry, NDR
[15:22.680 --> 15:29.680]  And he said, all 50 states have just joined into this thing, it's a third one, it's a different layer
[15:29.680 --> 15:40.680]  In addition to the other two that Michigan doesn't join in on, this third one is specifically and solely for the purpose of denying you a license
[15:40.680 --> 15:50.680]  Up at the beginning, they don't do anything about the data sharing, if you get a ticket, then they're going to give you a corresponding ticket from the host state
[15:50.680 --> 16:00.680]  They don't do all that stuff, but they do say, if your license is suspended in one state, then they will not give you one in any other state
[16:00.680 --> 16:08.680]  They had just started that, so I said, well, shoot, got no remedy here
[16:08.680 --> 16:14.680]  So it's going to have to go federal at this point, it's going to have to go to...
[16:14.680 --> 16:29.680]  Since Combee is in Texas and I happen to be in Tennessee, I'll file it in Tennessee, let them drive 600 miles to come to court
[16:29.680 --> 16:47.680]  Because I drove from Tennessee to Texas, so technically, every county I drove through could have jurisdiction
[16:47.680 --> 16:54.680]  So, I'll bring them to Tennessee, hang on, going to...
[16:54.680 --> 16:59.680]  Oh, I'm not supposed to say a word, we'll be right back
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[17:59.680 --> 18:04.680]  Logos Radio Network welcomes a new show to our lineup for the new year
[18:04.680 --> 18:10.680]  Scripture Talk with Nana will begin Wednesday, January 8th, from 8 to 10 p.m. central time
[18:10.680 --> 18:20.680]  Our goal is in accord with Matthew 516, let your light so shine before men that they may see your good works and glorify your Father which is in heaven
[18:20.680 --> 18:25.680]  We wish to reflect God's light and be a blessing to all those with a hearing ear
[18:25.680 --> 18:33.680]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed to provoke unto love and good works
[18:33.680 --> 18:40.680]  Our verse by verse Bible studies will begin in the book of Matthew where we will discuss one chapter per week
[18:40.680 --> 18:47.680]  Our topical Bible studies will vary each week and will explore sound doctrine as well as Christian character development
[18:47.680 --> 19:10.680]  So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. starting January 8th for an inspiring and motivating discussion of the Scriptures
[19:17.680 --> 19:32.680]  Logos Radio Network will begin Wednesday, January 8th, from 8 to 10 p.m. central time
[19:32.680 --> 19:48.680]  Our topical Bible studies will vary each week and will explore sound doctrine as well as Christian character development
[19:48.680 --> 20:03.680]  Logos Radio Network will begin Wednesday, January 8th, from 8 to 10 p.m. central time
[20:03.680 --> 20:18.680]  Our topical Bible studies will begin Wednesday, January 8th, from 8 to 10 p.m. central time
[20:18.680 --> 20:33.680]  And Brett, what else has anything else been going on? I understand there's some stuff going on with the Brazos County
[20:33.680 --> 20:48.680]  That's the guy, he's a friend of mine, accused of a felony and he's holding his own really well dealing with a really lame lawyer
[20:48.680 --> 21:03.680]  The thought of that is me making records requests to Brazos County, asking questions that are, I started out just asking for docket sheets
[21:03.680 --> 21:20.680]  In a timely manner, well then I started asking them all kinds of other things, I want to see proof, I want to see some certification from all of the people that are required to have this mandatory training for open records request handling
[21:20.680 --> 21:29.680]  I want to see that you're current on your mandatory training, and they couldn't come up with that, one person had a certificate and everybody else doesn't
[21:29.680 --> 21:52.680]  Well, so then they sent me an invoice and the invoice had cited certain legal authorities and I went to go actually read what they cited and it specifically explicitly prohibits charging for those very things
[21:52.680 --> 22:03.680]  So they've been just getting themselves in deeper and deeper, the longer they go without just producing the docket sheets, this is getting really ugly
[22:03.680 --> 22:15.680]  Let me understand this, they tried to charge you for these documents and use this case law to support their authority to charge?
[22:15.680 --> 22:30.680]  Well it wasn't case law, what they came up with was Texas Administrative Code section 70.3, but when you go read it, it says that they're not allowed to charge for exactly that very thing that they're charging for
[22:30.680 --> 22:49.680]  So I don't know if they just did like what you were talking about, lawyers looking for a keyword search and they found a hit, I don't know what happened, but they put that on the invoice that the authority to charge for it
[22:49.680 --> 23:00.680]  I know what it is, Christmas coming up and they were giving you a Christmas present
[23:00.680 --> 23:11.680]  Maybe that's it, it might have had something to do with the response you gave them that had two images on it
[23:11.680 --> 23:19.680]  So that one came afterwards
[23:19.680 --> 23:21.680]  Tell them about the two images
[23:21.680 --> 23:26.680]  You go ahead, you did it, I loved it
[23:26.680 --> 23:42.680]  Well it says it's just a full page, at the cross the top it says we have received your communication, thank you for that and then I've got two enormous giant emoticons
[23:42.680 --> 23:49.680]  I've got the bull and then the other one is the poop icon
[23:49.680 --> 23:58.680]  So they get to take a big look at that as large as it can be on their screen there and they may not print it out, but they'll get the message
[23:58.680 --> 24:09.680]  So it was the lawyer, that was a response to the lawyer that started spewing all kinds of lies and wildly distracting nonsense
[24:09.680 --> 24:25.680]  And he actually in writing claimed responsibility for all of the elected officials and appointed officials and heads of departments
[24:25.680 --> 24:35.680]  All of which are required by law to be the responsible ones to respond to records request, he claimed responsibility for their unresponsiveness
[24:35.680 --> 24:48.680]  He said I have directed all of them to forward your communications to me without response
[24:48.680 --> 25:04.680]  Oh wonderful, did you happen to find something in the code that authorized a lawyer to take responsibility for the criminal behavior of his client?
[25:04.680 --> 25:17.680]  I did, I found one of those, found a couple of them actually and put criminal complaints, got those notarized and sent out and I let his boss know about what was going on
[25:17.680 --> 25:27.680]  Wait, you found something that allowed a lawyer to take responsibility for what their client does?
[25:27.680 --> 25:35.680]  To take responsibility? No, he got responsibility by injecting himself in there
[25:35.680 --> 25:55.680]  The point I'm going to, if one of these people who are employed by the municipality or the county have a duty to perform a certain act and a failure to perform that act is crime in the state of Texas
[25:55.680 --> 26:04.680]  Can that official transfer that responsibility to a lawyer? No, he cannot
[26:04.680 --> 26:06.680]  That's what I thought
[26:06.680 --> 26:16.680]  The lawyer's interference only implicates the lawyer, it doesn't set the official loose
[26:16.680 --> 26:21.680]  That's what I was trying to clarify
[26:21.680 --> 26:32.680]  This smarty mouth lawyer is trying to get you to shift from those who are responsible to him
[26:32.680 --> 26:34.680]  Right
[26:34.680 --> 26:39.680]  And you bought that story, you didn't buy that story?
[26:39.680 --> 26:45.680]  Oh that goes your gullibility pin
[26:45.680 --> 27:00.680]  Yeah, I stuck to him pretty straight, made sure that he understands that all he did was implicate himself and make himself responsible for their crimes and it didn't really bring him up
[27:00.680 --> 27:08.680]  Implicated them and criminal conspiracy to commit
[27:08.680 --> 27:23.680]  Yeah, he got himself into a mess and then I went ahead and alerted his boss, who's the county attorney, that there are, there's a lot of corruption going on over here and you need to deal with this
[27:23.680 --> 27:32.680]  You need to get your subordinate under control and I laid it out there, gave him all kinds of details so that he can't say he hasn't been made aware
[27:32.680 --> 27:45.680]  And that puts him in the hot seat, the county attorney now is criminally responsible for his conduct
[27:45.680 --> 27:54.680]  Wait, so this wasn't just a head administrative lawyer, this was a prosecuting attorney
[27:54.680 --> 28:04.680]  No, he says, I am the chief of the civil division, I don't know what that means but it seems like it's important to him
[28:04.680 --> 28:08.680]  He sounds like a head administrative lawyer
[28:08.680 --> 28:25.680]  He definitely considers that to be important, so to me it doesn't matter, a bar grievance, just a bar grievance either way, I guess maybe I should have been, sounded like a long title
[28:25.680 --> 28:34.680]  So I told the county attorney, hey you're a subordinate, so I came up over here and you really need to deal with that
[28:34.680 --> 28:43.680]  He finally wrote me back and he said, well, I've looked into the matter, we've investigated ourselves and cleared ourselves of any wrongdoing basically
[28:43.680 --> 28:53.680]  He says, I don't see any kind of, you mentioned this unspecified penal code offenses and unspecified disciplinary rule violations
[28:53.680 --> 28:58.680]  He probably thought I wouldn't be able to back that up
[28:58.680 --> 29:05.680]  So that's where that stands
[29:05.680 --> 29:13.680]  Oh actually, no, I've already gone as well to the district attorney and I've put three criminal complaints on his desk
[29:13.680 --> 29:35.680]  So it won't be long for me to be checking and following up on the 17.31, do you have a clerk that was triggered by the Texas Code of Criminal Procedure 1730 paperwork coming from a magistrate that did his job under Texas Code of Criminal Procedure 211
[29:35.680 --> 29:41.680]  And held the examining trial, did his job, wrote up the paperwork and passed it to the clerk
[29:41.680 --> 29:57.680]  16.17, the judge has to issue an order, once they've held an examining trial, 17.30, orders and seal them in a document, send it to the clerk, 17.31 tells the clerk to give it to the grand jury
[29:57.680 --> 30:01.680]  Hang on, I'll be right back
[30:01.680 --> 30:11.680]  The witness has asked you for a lot of personal information and you may trust them to keep it safe, but it turns out that even the most trusted companies may be unwittingly revealing your secrets
[30:11.680 --> 30:33.680]  I'm Dr. Catherine Albrecht and I'll be right back with details
[30:42.680 --> 30:51.680]  Data privacy is a big deal, so nearly every company has a policy explaining how they handle your personal information
[30:51.680 --> 30:55.680]  But what happens if it escapes their control? It's not an idle question
[30:55.680 --> 31:03.680]  According to a recent survey, a shocking 90% of U.S. companies admit their security was breached by hackers in the last year
[31:03.680 --> 31:11.680]  That's one more reason you should trust your searches to StartPage.com. Unlike other search engines, StartPage doesn't store any data on you
[31:11.680 --> 31:17.680]  They've never been hacked, but even if they were, there would be nothing for criminals to see, the cupboard would be bare
[31:17.680 --> 31:21.680]  Too bad other companies don't treat your data the same way
[31:21.680 --> 31:30.680]  Come Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com
[31:30.680 --> 31:34.680]  I lost my son, my uncle, on September 11, 2001
[31:34.680 --> 31:38.680]  Most people don't know that a third tower fell on September 11
[31:38.680 --> 31:42.680]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane
[31:42.680 --> 31:46.680]  Although the official explanation is that fire brought down Building 7
[31:46.680 --> 31:52.680]  Over 1,200 architects and engineers have looked into the evidence and believed there is more to the story
[31:52.680 --> 31:55.680]  Bring justice to my son, my uncle, my nephew, my son
[31:55.680 --> 32:00.680]  Go to BuildingWhat.org
[32:00.680 --> 32:04.680]  Rule of law radio is proud to offer the rule of law traffic seminar
[32:04.680 --> 32:07.680]  In today's America, we live in an us against them society
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[32:12.680 --> 32:15.680]  Among those rights are the right to travel freely from place to place
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[33:24.680 --> 33:27.680]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio
[33:27.680 --> 33:31.680]  And before we get this, there's a really good part
[33:31.680 --> 33:34.680]  And I wanna make sure we get that in plenty of time
[33:34.680 --> 33:46.560]  Ted on and I want to make sure I get his story in Ted you want to tell us what
[33:46.560 --> 33:54.060]  went on was it yesterday you went to court yes sir can you hear me okay yes
[33:54.060 --> 34:03.100]  I can okay so the not yesterday but the previous hearing my understanding was the
[34:03.100 --> 34:08.640]  judge instructed me to go to the public defender's office that was my
[34:08.640 --> 34:14.840]  understanding yes in yesterday's hearing a different judge was there of course
[34:14.840 --> 34:19.800]  because now what they're doing wait Ted have you talked about the defender's
[34:19.800 --> 34:26.480]  office on the show I know you talked about it to me but I don't remember if
[34:26.480 --> 34:33.680]  you talked about it on the show okay so what they did is they ordered me to go
[34:33.680 --> 34:40.320]  to the public defender's office and I my understanding was that they had made the
[34:40.320 --> 34:46.920]  order assigning the public defender to my case when I went to court yesterday
[34:46.920 --> 34:53.480]  this judge told me that they were assigned to my case and this stranger
[34:53.480 --> 34:58.560]  beside me and I told the judge he's interfering with this hearing not about
[34:58.560 --> 35:04.800]  who he is and he's trying to tell me he wants the judge is trying to tell me he
[35:04.800 --> 35:17.080]  wants him to talk and I said well first off you're recused for cause and I've
[35:17.080 --> 35:23.440]  found subject matter jurisdiction and so he kind of shut me up he left his public
[35:23.440 --> 35:31.640]  defender guy talk and many informs me that the previous hearing an order was
[35:31.640 --> 35:40.000]  given that I'm represented by the public defender and I said no he doesn't
[35:40.000 --> 35:45.160]  represent me and in fact I went to the public defender's office and I don't
[35:45.160 --> 35:53.120]  qualify for the public defender I have money for a lawyer not my money and I
[35:53.120 --> 35:59.440]  didn't explain that but what happened in the hearing yesterday was the judge went
[35:59.440 --> 36:05.440]  on and said that he represents me for now but he asked me if I wanted to
[36:05.440 --> 36:11.960]  represent myself and I said I can't make a legal determination but I have
[36:11.960 --> 36:19.200]  criminal complaints against you judge and you know that and you can't hear this
[36:19.200 --> 36:26.840]  at all and I lie down everything that I believe that this judge has done
[36:26.840 --> 36:34.840]  criminally wrong and he sat there in awe again and there's about 60 people in
[36:34.840 --> 36:41.240]  the courtroom they all stopped breathing okay they just stopped talking they all
[36:41.240 --> 36:47.760]  stopped breathing I went on to dress the judge down and he turns and basically
[36:47.760 --> 36:53.000]  I'm not being rude I'm just telling him you can't hear this case you're
[36:53.000 --> 36:58.040]  recused you cannot rule on your own recuse well you're not you did not
[36:58.040 --> 37:01.600]  disclose that you're receiving money from the county they're not your employer
[37:01.600 --> 37:08.800]  and you are violating state criminal law by not reporting these monies you're
[37:08.800 --> 37:16.000]  receiving and in your case more than $300,000 from the county and he says
[37:16.000 --> 37:27.280]  look you're treading on thin water now I let it go and went on so at the
[37:27.280 --> 37:32.600]  conclusion of the hearing I had witnesses there we're in the hallway I told the
[37:32.600 --> 37:39.280]  public defender again step off get out of my way I said during the hearing set
[37:39.280 --> 37:42.840]  probably ten times that he was trespassing out of my case and I'll
[37:42.840 --> 37:48.400]  vigorously defend myself against that and that he doesn't represent me public
[37:48.400 --> 37:56.960]  pretenders do not represent me and they go out in the hallway after the
[37:56.960 --> 38:04.800]  hearing one of my friends come back after I gave my public defender a nice
[38:04.800 --> 38:12.600]  Merry Christmas and goodbye and this stupid public defender talked about my
[38:12.600 --> 38:19.240]  case with my friend he made statements that well I've looked at the case and
[38:19.240 --> 38:24.360]  well he did things and well you know in flying that I'm guilty and let's keep in
[38:24.360 --> 38:31.640]  mind this this lawyer has never talked to me ever and there's no way in hell he's
[38:31.640 --> 38:37.800]  reviewed the case he may have reviewed the charges but that's about it because
[38:37.800 --> 38:42.800]  at this point I've filed into this case probably a stack of papers that would if
[38:42.800 --> 38:47.560]  you stacked it it'd be over four feet high so he hasn't looked at any of my
[38:47.560 --> 38:55.720]  motions but this guy this lawyer public defender sat there and discussed my case
[38:55.720 --> 39:01.560]  with a stranger in the hallway so the judge is going to get a criminal
[39:01.560 --> 39:07.800]  complaint for threatening me because he knows I'm a witness against him for his
[39:07.800 --> 39:13.480]  crime and I was just I was discussed I was putting on the record his crimes
[39:13.480 --> 39:19.800]  when he threatened me reminding him of the crimes but he's going to get a
[39:19.800 --> 39:28.200]  criminal complaint and he should get two or three witness tampering retaliation
[39:28.200 --> 39:38.800]  official misconduct right now the public defender I the public defender under
[39:38.800 --> 39:46.560]  the rules of professional conduct have a duty to notice the judge that he was
[39:46.560 --> 39:52.840]  screwing up I should get a bar grievance well no Randy I'm gonna bar
[39:52.840 --> 39:57.360]  grieving but I'm gonna go ahead and file a lawsuit against him for malpractice
[39:57.360 --> 40:03.400]  slander or libel whichever the one is verbal my friends gonna write out an
[40:03.400 --> 40:08.480]  affidavit under notary of all the statements that this public pretend or
[40:08.480 --> 40:14.280]  made to him about my case remember he's now breached attorney quiet client
[40:14.280 --> 40:19.520]  privilege by discussing my case with a stranger and he went further basically
[40:19.520 --> 40:25.360]  implied that he believes I'm guilty so he's committed malpractice and I'm just
[40:25.360 --> 40:28.360]  going to go ahead and file a civil lawsuit against him on Monday for
[40:28.360 --> 40:35.680]  malpractice and slander libel whatever that's what I decided and so when I go
[40:35.680 --> 40:41.440]  back to court next Wednesday I'm going to serve him right after I tell the
[40:41.440 --> 40:47.360]  judge that you know I filed a criminal a new criminal complaint against you judge
[40:47.360 --> 40:53.760]  and I filed a civil action including malpractice against this public
[40:53.760 --> 41:00.240]  pretenders standing next to me that claims he represents me and also I ran
[41:00.240 --> 41:04.200]  into the second in command of the district or the public defender's office
[41:04.200 --> 41:11.600]  today when I was going to court I was going to court today to try to get a
[41:11.600 --> 41:16.600]  hold of the court reporter I sent her an email I need to get the transcript ASAP
[41:16.600 --> 41:21.720]  from from the hearing yesterday because I want to make sure that the threat the
[41:21.720 --> 41:27.960]  judge made on me is in the transcript if she doesn't put it in there I've got
[41:27.960 --> 41:33.680]  three witnesses that were in the courtroom that heard it and because they
[41:33.680 --> 41:41.480]  routinely all met stuff in transcripts I've noticed I was in court in Austin
[41:41.480 --> 41:47.040]  and there was a municipal court and I had a court reporter and I asked the judge
[41:47.040 --> 41:55.000]  if the court reporter had any hearing issues and the court reporter got real
[41:55.000 --> 41:58.400]  snippy said I don't have any hearing issues so well your honor has been my
[41:58.400 --> 42:05.480]  experience that court reporters tend to have intermittent hearing loss anytime
[42:05.480 --> 42:12.560]  the judge says something stupid somehow the the court reporter gets short-term
[42:12.560 --> 42:19.000]  memory loss are we going to have that problem in this courtroom the judge
[42:19.000 --> 42:24.880]  said we're not going to have that problem so yes it happens all the time
[42:24.880 --> 42:33.040]  yep the court reporter wants to keep her job she won't allow or he won't allow
[42:33.040 --> 42:38.840]  mistakes but obvious mistakes by the judge to go on the record
[42:39.280 --> 42:44.560]  go ahead I interrupted for your all to your whole audience right now the things
[42:44.560 --> 42:51.880]  we're discussing right now these are things I'm a pilot okay and what what
[42:51.880 --> 42:57.120]  will show you faster than anything in aviation is what you don't know same goes
[42:57.120 --> 43:04.000]  I'm applying this to our legal system same goes so I want to implore everybody
[43:04.000 --> 43:09.320]  again to send whatever you can in as a donation to this show because these
[43:09.320 --> 43:13.960]  conversations we're having you're getting invaluable information that may or
[43:13.960 --> 43:18.160]  may not come up in your case it may come up in our friend's case but the fact
[43:18.160 --> 43:24.920]  that this show exists and that we're able to exchange information and ideas is
[43:24.920 --> 43:29.640]  invaluable and you're not going to get it anywhere else lawyers are not going to
[43:29.640 --> 43:35.880]  tell you this stuff and you wouldn't even know what we just discussed is is
[43:35.880 --> 43:42.440]  really Bob okay do you have more on the other side Ted we're about to do a
[43:42.440 --> 43:49.400]  break no no that's it okay thank you Ted this is and thanks for the plug we'll
[43:49.400 --> 43:56.400]  send you a check for it in the morning Randy Kelton Brett Fountain we'll be
[43:56.400 --> 44:03.840]  right back I love logos without the shows on this network I'd be almost as ignorant
[44:03.840 --> 44:07.360]  as my friends I'm so addicted to the truth now that there's no going back I
[44:07.360 --> 44:12.200]  need my truth pick I'd be lost without logos and I really want to help keep this
[44:12.200 --> 44:15.520]  network on the air I'd love to volunteer as a show producer but I'm a bit of a
[44:15.520 --> 44:19.320]  bloodite and I really don't have any money to give because I spent it all on
[44:19.320 --> 44:24.440]  supplements how can I help logos well I'm glad you asked whenever you order
[44:24.440 --> 44:28.760]  anything from Amazon you can help logos we're ordering your supplies or holiday
[44:28.760 --> 44:34.280]  gifts first thing you do is clear your cookies now go to logosreguletwork.com
[44:34.280 --> 44:39.520]  click on the Amazon logo and bookmark it now when you order anything from Amazon
[44:39.520 --> 44:45.320]  you use that link and logos get a few pesos do I pay extra no do I have to do
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[44:50.920 --> 44:55.840]  giving without doing anything or spending any money this is perfect thank
[44:55.840 --> 45:02.800]  you so much we are logos happy holidays logos are you the plaintiff or defendant
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[46:26.880 --> 46:36.920]  you
[46:36.920 --> 47:03.280]  Okay, we are back. Randy Colton, Brett Fountain, Ruvler Radio, and I understand that Adam has
[47:03.280 --> 47:15.840]  some growing to do. Hello Adam. Hello? Here? Brett's back there laughing in the background so
[47:15.840 --> 47:27.280]  I'm having trouble hearing you. Good evening. He knows something we don't. Who's that? Brett?
[47:27.280 --> 47:41.200]  Yeah, good evening gentlemen. I wanted to talk about pre-litigation discovery. I believe it's
[47:41.200 --> 47:51.080]  Rule 202 of the Texas Rules of Procedure and exactly how that can be put into effect and
[47:51.080 --> 48:01.800]  use because I've got Candle County where stiff-arming me and they won't give me now
[48:01.800 --> 48:11.840]  their claim and finally after I filed criminal charges on the sheriff for violating the Texas
[48:11.840 --> 48:19.280]  Open Records Act 552, finally now they finally come back to tell me, well, our county deputies
[48:19.280 --> 48:27.720]  don't have body cameras so they don't use them which I guess that's possible but I'm trying to
[48:27.720 --> 48:35.960]  find it hard to believe in the 21st century in a county that's policing interstate I-10 that
[48:35.960 --> 48:43.040]  their county deputies don't use body cams but I guess it is possible but I'm still. There is a
[48:43.040 --> 48:50.520]  way to find out sir and you use a way to find that out you'll find that out from the Comptroller
[48:50.520 --> 49:01.880]  he keeps all the invoices I'm sorry can you repeat that the Comptroller keeps all the invoices
[49:01.880 --> 49:12.640]  everything about the money's open records right yeah I was I was looking I was looking up their their
[49:12.640 --> 49:17.480]  latest budget and stuff trying to go in there and find a faith but they I can't find anything in
[49:17.480 --> 49:23.600]  there that specifically mentions body cam purchases or maintenance or anything so okay
[49:23.600 --> 49:27.240]  the Comptroller that's where I would go to figure that out I think they're lying to me
[49:27.240 --> 49:41.160]  but uh so even if the deputies didn't have them on if the department has purchased them then that
[49:41.160 --> 49:49.640]  creates the adverse inference that if they did not have them on they intentionally did not wear
[49:49.640 --> 49:57.960]  them so that they could commit these crimes and not have a record gotcha great good news
[49:57.960 --> 50:07.120]  so um yeah so then well okay so they have them I'll check into that but say they don't have
[50:07.120 --> 50:14.760]  them well I can't get the dash cam off the squad car because they've already locked that up and
[50:14.760 --> 50:21.960]  canned that up with attorney general's opinion and attorney general came back and and said that it was
[50:21.960 --> 50:28.880]  uh said that their request for exception was not extraordinary or anything and so they issued a
[50:28.880 --> 50:36.280]  letter of opinion and said that they don't have to give it to me they can withhold it but they
[50:36.280 --> 50:42.040]  have to give me the basic information which is worthless so I can't get the dash cam and then
[50:42.040 --> 50:51.640]  one of the questions I had was well oh wait a minute hold on you can challenge that and if he
[50:51.640 --> 50:59.160]  issues a letter opinion then they already committed a crime okay here's there's he is in a way he's
[50:59.160 --> 51:08.600]  right 3914 restricts certain information from the accused not the accused lawyer but the accused
[51:08.600 --> 51:18.920]  and that's a really odd addition to the statute however it doesn't restrict the information
[51:19.480 --> 51:31.160]  from a third party only the accused and the accused can still get it via the court may or may not
[51:31.160 --> 51:39.960]  get copies of it but is the court can mandate that the defendant be allowed to inspect it
[51:40.920 --> 51:47.960]  may or may not have to be required to give copies of it if the court only mandates inspection
[51:48.680 --> 51:53.400]  under subsection d there that's the one they really like to just harp on that's their whole
[51:53.400 --> 51:59.320]  oh we can't show you that but that's in the context of if the court orders inspection
[51:59.320 --> 52:07.480]  which as we've talked about the you do the inspect you do the discovery first to the one
[52:07.480 --> 52:13.960]  that has it so that would be the opposing counsel and if they don't give it to you then you go to
[52:13.960 --> 52:21.080]  the court with with a motion to compel discovery and that's where the court comes in to to cause
[52:21.080 --> 52:30.440]  them to cooperate and you might want to get a third party to request it because normally they keep
[52:30.440 --> 52:40.760]  these recordings for i think 60 or 90 days and then they record over them unless there's a request
[52:40.760 --> 52:49.560]  for them in which case as long as the request is open they can never be destroyed well it's
[52:49.560 --> 52:58.440]  been well well past your 90 days and another problem is the district attorney or county
[52:58.440 --> 53:04.280]  attorney whatever over there they haven't even filed charges yet so i how do i get discovery
[53:04.280 --> 53:10.760]  and and also i'm the third party my wife would be the potential defendant if there was a if there's
[53:10.760 --> 53:19.320]  actually a process if there's an actual point put in a request for all dash cams for a gig for that day
[53:20.840 --> 53:29.320]  or that time period okay well but they'll they'll easily deny that when they're faced if you don't
[53:29.320 --> 53:38.440]  say who is a subject of it and give some location all all if you ask for all of them they can't do
[53:38.440 --> 53:46.760]  that really or what you're asking for there's no nothing in the co in the open records law
[53:47.400 --> 53:53.800]  that limits what you can ask for no it's not a limitation of the open records but there is
[53:53.800 --> 54:02.360]  something an attorney general let's see if i was it occupational co might be under 1701 i've seen
[54:02.360 --> 54:10.360]  it where it actually does specify that they can uh that they can consider the request proper if it
[54:10.360 --> 54:15.640]  has these minimal requirements and one of them is that they say the location and the other is the
[54:16.360 --> 54:29.800]  somebody that's a subject of the recording yeah that's so 1701.661 i believe yeah okay then request
[54:29.800 --> 54:43.240]  all reports issued by all officers during this time frame okay and then including the request
[54:44.520 --> 54:49.480]  dash cams for all officers during this time frame who issued reports
[54:51.880 --> 54:58.120]  okay got you okay that might that may be a good yeah i was getting kind of stuck there for a second
[54:58.120 --> 55:07.080]  weren't sure exactly how to go about that but um so if there's no case files against my wife yet
[55:07.080 --> 55:16.040]  and they probably won't because the forensics came back and she was well below the uh limit for
[55:17.320 --> 55:23.720]  anything criminal related and all that good stuff i mean basically like i've mentioned
[55:23.720 --> 55:29.320]  one of those shows a pop it's basically a pops arrest pissed off police officer you know when
[55:29.320 --> 55:36.760]  you get mad they like to show you who's boss so so take it a little too far but um one question i had
[55:36.760 --> 55:44.040]  was when i was bugging them about trying to get a bunch of records from them and they're pretty much
[55:45.320 --> 55:50.600]  i mean they're just stonewalling me now pretty much i mean they just now recently started
[55:50.600 --> 55:57.640]  uh getting a little cooperative but for some reason i think they're just trying to hide something
[55:57.640 --> 56:05.480]  because i don't know but so have you filed the t-close complaints against the officers
[56:07.320 --> 56:14.680]  no but i'm getting ready to start doing that did you hear the the show with tim talking about
[56:14.680 --> 56:23.400]  not the officer he had filed a t-close complaint against uh i believe so yeah i think so yeah
[56:24.200 --> 56:30.360]  where the second time he had an issue with the officer the high sheriff of the county
[56:30.360 --> 56:38.440]  himself came and talked to him and from what tim said he brought up the first t-close complaint
[56:39.000 --> 56:44.120]  and asked him why he didn't just come to the sheriff instead of filing that that sheriff
[56:44.120 --> 56:50.280]  should not play poker he came out and spent two hours with tim during an election cycle
[56:51.240 --> 56:57.640]  to prevent tim from filing another t-close complaint against his sergeant that's a big deal
[56:59.080 --> 57:05.400]  when you start filing t-close these cops are going to get real unhappy because they will
[57:05.400 --> 57:12.920]  become unemployable well i take it back randy i actually filed my first t-close complaint ever
[57:12.920 --> 57:18.120]  on the sheriff of kindle county for violating the text of direct text just the other day
[57:20.120 --> 57:28.040]  you just took a notch up in my esteem yeah yeah well good good yeah no i did i did my first t-close
[57:28.040 --> 57:34.120]  on the sheriff's kindle because they just maybe that's why they finally started replying to me
[57:34.120 --> 57:40.760]  said oh or you know our uh our uh deputies don't wear body cans and i'm starting to get a little
[57:40.760 --> 57:43.880]  yeah maybe i don't know but i don't i don't know because i don't think it's hit the
[57:44.520 --> 57:49.000]  hit the market yet but yeah i did do that and the thing about the t-close
[57:50.200 --> 57:54.280]  i could never find out anywhere to fill them out online so basically i just got the point
[57:54.280 --> 58:00.280]  where i printed out a blank form from online wrote it in by hand and then nailed it off certified
[58:00.280 --> 58:05.960]  return receipt request is that the thing is that whatever else is going through or has anybody
[58:05.960 --> 58:15.240]  else found a way to do it online i have uh send me an email and ask me send me an email with a
[58:15.240 --> 58:23.080]  attach a copy of that form to make sure i have it and i will run it through acrobat ten and turn
[58:23.080 --> 58:31.400]  it into a fill in the blanks and then send it back to you you can just open it up fill in the blanks
[58:31.400 --> 58:39.560]  click print and it'll spit it out for you or just save it and you can email it to them
[58:41.240 --> 58:53.080]  okay so uh so yeah docate compiled yet uh how the bible remains the most popular book in the world
[58:53.640 --> 58:57.400]  yet countless readers are frustrated because they struggle to understand it
[58:57.400 --> 59:03.960]  some new translations try to help by simplifying the text but in the process can compromise the
[59:03.960 --> 59:10.760]  profound meaning of the scripture enter the recovery version first this new translation
[59:10.760 --> 59:17.320]  is extremely faithful and accurate but the real story is the more than 9 000 explanatory footnotes
[59:17.960 --> 59:23.800]  difficult and profound passages are opened up in a marvelous way providing an entrance into the
[59:23.800 --> 59:29.160]  riches of the word beyond which you've ever experienced before bibles for america would
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[59:34.920 --> 59:45.160]  study bible is yours just by calling us toll free at 1 888 551 0102 or by ordering online
[59:45.160 --> 59:54.440]  at free study bible dot com that's free study bible dot com you're listening to the logo's radio
[59:54.440 --> 01:00:03.080]  network at logo's radio network dot com the following use flash is brought to you by the
[01:00:03.080 --> 01:00:10.600]  lone star lowdown markets for monday the 22nd of july 2019 open with precious metals gold
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[01:00:38.040 --> 01:00:50.200]  324 dollars and 10 cents a crypto coin history the year 1916 the preparedness day bombing
[01:00:50.200 --> 01:00:55.480]  a time suitcase bomb was detonated on market street in san francisco during the world war
[01:00:55.480 --> 01:01:05.560]  one preparedness day parade killing 10 and entering 40 today history and recent news since
[01:01:05.560 --> 01:01:10.920]  the governor greg abbott signed house bill 1325 legalizing hemp and attacks his law back in june
[01:01:10.920 --> 01:01:15.480]  county prosecutors around the state including houston austin sandtonium have been dropping
[01:01:15.480 --> 01:01:19.720]  marijuana possession charges and even refusing to file new ones since they are stipulating that
[01:01:19.720 --> 01:01:25.400]  they do not have the time or the laboratory equipment to test the earth for thc margaret more the
[01:01:25.400 --> 01:01:29.960]  travis county district attorney announced earlier this month that she was dismissing 32 felony
[01:01:29.960 --> 01:01:35.160]  possession and delivery of marijuana cases because of the law mr abbott and other state officials
[01:01:35.160 --> 01:01:39.320]  including the attorney general stipulated in a letter that county district attorneys back on
[01:01:39.320 --> 01:01:44.440]  thursday that marijuana has not been decriminalized in texas and that these actions demonstrate a
[01:01:44.440 --> 01:01:50.920]  misunderstanding of how hv 1325 works as well as other cities too like the district attorney
[01:01:50.920 --> 01:01:57.480]  in alpaso kai me asparza a democrat who also stated earlier this month that the law quote will not
[01:01:57.480 --> 01:02:03.240]  have an effect on the prosecution of marijuana cases in alpaso however the issue was succinctly
[01:02:03.240 --> 01:02:08.520]  summarized by mr brandon ball an assistant public defender in harris county who stated that quote
[01:02:08.520 --> 01:02:13.160]  the law is constantly changing on what makes something illegal based on its chemical makeup
[01:02:13.160 --> 01:02:17.960]  it's important that if someone is charged with something the test matches what they're charged with
[01:02:22.360 --> 01:02:27.720]  a paper by tulane university identified a five and a half inch american pocket shark as the first
[01:02:27.720 --> 01:02:33.640]  of its kind in the gulf of mexico the specimen being only the second pocket shark ever captured or
[01:02:33.640 --> 01:02:39.400]  recorded with the other one being found way back in 1979 in the east pacific ocean according to
[01:02:39.400 --> 01:02:45.720]  the university paper the shark secretes a luminous fluid from a gland near its front fins for the
[01:02:45.720 --> 01:02:57.880]  purposes hypothesized to lure and pray who may be drawn into the glow this is book roadie with a lowdown for july 22nd 2019
[01:03:16.040 --> 01:03:36.280]  okay we are back randy kelton
[01:03:37.400 --> 01:03:40.920]  brett fountain ruble radio and and brett ran off the cliff
[01:03:40.920 --> 01:03:49.640]  you don't expect guys does that what happens yeah that's that's what happened i went to the v a today
[01:03:49.640 --> 01:03:57.240]  and the i had called them and told them that i need to talk to the audio people and they said
[01:03:57.800 --> 01:04:02.040]  give me the only civil war do you need i said well i have a problem with one of my hearing aids
[01:04:02.040 --> 01:04:10.440]  well what's wrong with it i said it evaporated and there was this pause and she come back and said
[01:04:11.080 --> 01:04:17.960]  i think i'm going crazy i thought you said it evaporated i said yeah it did it evaporated
[01:04:19.080 --> 01:04:25.960]  well how did it do that i don't know i had it here on the desk and well it just evaporated
[01:04:25.960 --> 01:04:34.520]  it you don't expect a guy to take responsibility for his own behavior do you and she said oh yeah
[01:04:34.520 --> 01:04:47.800]  i forgot about that so brett did it okay adam yeah um we were just zinging figuring out how to
[01:04:47.800 --> 01:04:57.560]  zing them if you'll send me that form i'll run it through acrobat 10 and when i do that i put in a
[01:04:58.680 --> 01:05:04.200]  button where you can clear the form and button where you can save and print the form that way
[01:05:04.200 --> 01:05:10.920]  you can just crank them out okay so like a picture of the form that i got turned off the internet
[01:05:10.920 --> 01:05:17.480]  yeah were you able to download the document as a pdf
[01:05:20.520 --> 01:05:25.480]  no i don't i just send me a picture send me a picture i can i can do it from a picture
[01:05:26.280 --> 01:05:37.640]  if i have a pdf acrobat 10 i can tell it to put in fields and it knows to look for flat lines and
[01:05:37.640 --> 01:05:43.400]  it puts a field in there and so it'll put in most of them for me but if i just have an image i can
[01:05:44.360 --> 01:05:46.440]  put in all the fields by hand that's easy enough
[01:05:48.760 --> 01:05:52.040]  so send it to me and i'll give you one where you can just crank them out
[01:05:56.440 --> 01:06:06.840]  so um back to the uh if there's no if no uh cause of action or no complaints been
[01:06:06.840 --> 01:06:12.280]  filed by the da or whoever's going to do it if they ever do do it and nobody's in the discovery so
[01:06:14.280 --> 01:06:21.080]  they can't restrict anything they can only restrict discovery from the accused
[01:06:24.360 --> 01:06:29.160]  everything else falls under open records you're not accused there is no ongoing case
[01:06:30.440 --> 01:06:31.960]  so they have no grounds to hold it
[01:06:31.960 --> 01:06:40.280]  except for the attorney general opinion that they somehow you need to challenge the opinion because
[01:06:40.280 --> 01:06:49.240]  challenge it did the attorney general presume there was a criminal case involved because that's
[01:06:49.240 --> 01:06:56.920]  the only time you're talking about uh brady discovery that only applies to a criminal action
[01:06:56.920 --> 01:07:06.280]  there is no criminal action right no criminal action so ask the attorney general for reconsider
[01:07:08.680 --> 01:07:17.640]  okay yeah yeah i should go ahead do that yeah so my next question is when i was messing with
[01:07:17.640 --> 01:07:21.480]  and this was a few months ago when i was doing that and they were asking for an attorney general
[01:07:21.480 --> 01:07:27.320]  opinion we had to wait 45 days and all that to get it but i was doing a bunch of research back
[01:07:27.320 --> 01:07:33.480]  there when i was messing with them and i started reading a bunch of uh open records decisions from
[01:07:33.480 --> 01:07:41.400]  the attorney general and the part in the uh in 552 where it talks about the information may be
[01:07:41.400 --> 01:07:51.640]  accepted if the state may be a party in a criminal or civil litigation and that would constitute a
[01:07:51.640 --> 01:08:01.000]  reason to accept the information well okay there is more to that there is case law that defines
[01:08:01.880 --> 01:08:10.680]  what they mean by may be a party right and that means that they have been sued or they've received
[01:08:10.680 --> 01:08:20.600]  a notice of tort if they haven't received a notice of tort or haven't actually been sued and that
[01:08:20.600 --> 01:08:28.280]  does not apply that was the termination i made i read all these open records decisions and what
[01:08:28.280 --> 01:08:35.560]  they're talking about is if the state is going to be a party to a criminal or civil litigation
[01:08:35.560 --> 01:08:40.440]  what they're talking about is if somebody's going to sue the state or file criminal charges
[01:08:40.440 --> 01:08:47.320]  on the state there the general counsel for kino county he claimed that as an exception saying
[01:08:47.320 --> 01:08:55.240]  well this is uh uh an ongoing investigation will be a criminal prosecution against my wife
[01:08:55.240 --> 01:09:01.720]  where the state is the accuser the way i read the open records decision that's only an exception
[01:09:01.720 --> 01:09:11.960]  if the state is going to be accused am i am i am i missing something that's a good point that's why
[01:09:11.960 --> 01:09:16.280]  i think i called in a few weeks ago and i said i didn't agree with the attorney general opinion
[01:09:16.280 --> 01:09:22.280]  because to me it doesn't make any sense because i haven't sued the state nobody's filed criminal
[01:09:22.280 --> 01:09:27.640]  charges on them yet and they're sitting there saying well but we might file criminal charges on
[01:09:27.640 --> 01:09:33.720]  your wife so therefore all the information is it is subject to exception that's not how i read all
[01:09:33.720 --> 01:09:41.640]  the open records decisions it's the state is you don't lose your rights because a relative
[01:09:41.640 --> 01:09:53.880]  committed a crime right how does that work okay yeah and the only time if the state believes
[01:09:53.880 --> 01:10:01.320]  they will be subject to a suit they can't just make that up and say well you know it's theoretically
[01:10:01.320 --> 01:10:07.320]  possible no in order for them to believe they could be a party to the suit they have to have a tort
[01:10:07.320 --> 01:10:17.240]  letter or a letter giving them notice of intent to sue then they can believe that they're a party
[01:10:17.240 --> 01:10:25.880]  to a suit otherwise they can't okay so i was right yeah whoever working for kin paxton over
[01:10:25.880 --> 01:10:29.640]  the ag office made a mistake they don't know what they're talking about when they grant
[01:10:29.640 --> 01:10:36.760]  the exception for that reason because nobody's filed a tort letter nobody's done anything to them
[01:10:36.760 --> 01:10:42.280]  but yet the attorney general came back and said well yeah we agree with the general counsel and
[01:10:42.280 --> 01:10:49.000]  uh the state may be a party to civil war criminal litigation and they're the state's reasoning was
[01:10:49.000 --> 01:10:55.400]  that there may be criminal prosecution against my wife so that doesn't take any sense yeah okay
[01:10:55.400 --> 01:11:05.480]  brad i have a question here yes if i go to the attorney general and i get what i believe to be
[01:11:05.480 --> 01:11:13.320]  a bogus decision from the attorney general do do i have standing to petition the court of appeals
[01:11:13.320 --> 01:11:22.040]  for rudiment damas rudiment damas is for the purpose of asking the court to order a public
[01:11:22.040 --> 01:11:32.200]  official to do perform some duty he's required to perform and it doesn't say some judge it says
[01:11:32.200 --> 01:11:41.320]  public official well i do remember seeing something about that you could appeal a decision i don't know
[01:11:41.320 --> 01:11:47.400]  if it's a man damas issue but uh you definitely can't appeal it let's see if i can find that really
[01:11:47.400 --> 01:11:55.400]  quickly well yeah you you can definitely appeal and appeal in a their opinion but if they deny
[01:11:55.400 --> 01:12:03.160]  your appeal then you have exhausted that remedy oh right and if you maintain that their ruling was
[01:12:04.120 --> 01:12:13.320]  in contravention to state law just like the house representative demanding that the president give
[01:12:13.320 --> 01:12:18.520]  them documents and he said no you won't get those documents they have to go to the court for rudiment
[01:12:18.520 --> 01:12:26.840]  damas and have the court order him to give him the documents you should be able to do the same thing
[01:12:29.000 --> 01:12:37.320]  adam what do you think i'm sorry i couldn't hear you say that again i don't think ken paxton
[01:12:38.200 --> 01:12:44.440]  would like it if you file a petition for rudiment damas with the court of appeals
[01:12:44.440 --> 01:12:52.440]  else asking them to order him to abide by the clear meaning of the statute
[01:12:54.280 --> 01:12:59.640]  but first i would have to exhaust my remedy and file for appeal on the decision with the
[01:12:59.640 --> 01:13:08.200]  attorney general's office before i could do the rudiment damas okay let me answer that carefully
[01:13:08.200 --> 01:13:21.480]  the i'm going to say no that you don't have to but if you want to prevent the court of appeals from
[01:13:22.760 --> 01:13:31.400]  refusing your writ until you at you exhaust all of your remedies with the attorney general then i
[01:13:31.400 --> 01:13:39.960]  would say do that first but what i'm saying is i don't believe that would be a bar against filing
[01:13:39.960 --> 01:13:44.600]  a petition for a writ because there's nothing that talks about the attorney general there's
[01:13:44.600 --> 01:13:51.720]  nothing that talks about exhausting all your remedies i don't see anything in in the law
[01:13:51.720 --> 01:13:58.760]  authorizing rudiment damas that requires you to exhaust all possible potential administrative
[01:13:58.760 --> 01:14:09.240]  and legal remedies however the court certainly has standing to refuse to hear your writ until
[01:14:09.240 --> 01:14:16.440]  you have exhausted all your remedies okay i'm doing that so i don't give a false impression
[01:14:17.160 --> 01:14:23.160]  why would that be the court of criminal appeals for him to go to as opposed to a district court
[01:14:23.160 --> 01:14:30.920]  just ask you only the court of criminal appeals there's only one time when any court other than
[01:14:30.920 --> 01:14:38.760]  the court of criminal appeals can hear a mandamus and that is in a matter of a municipal
[01:14:38.760 --> 01:14:44.520]  or justice of the peace court action and a mandamus would go to the county court
[01:14:46.360 --> 01:14:50.200]  then if the county court refused it you could appeal the county court to the court of appeals
[01:14:50.200 --> 01:14:58.920]  otherwise a petition for writ of mandamus always goes to the court of appeals okay
[01:14:59.720 --> 01:15:04.680]  because this is this is not asking the judge to rule on the facts and the law
[01:15:05.960 --> 01:15:12.520]  this is asking a higher court to render a decision based on law
[01:15:12.520 --> 01:15:21.000]  law on fine points of law and that will always go to the appellate court and their ruling will
[01:15:21.000 --> 01:15:32.680]  become law okay well um may i sure appreciate this input because i'm gonna i'm gonna keep
[01:15:32.680 --> 01:15:40.920]  jump on this like a hobo on a ham sandwich um so how does how does rule 202 is different
[01:15:40.920 --> 01:15:45.800]  so rules of the procedure the pre-litigation discovery how does that fit into all this
[01:15:46.760 --> 01:15:52.200]  oh that is wonderful you've been denied you've maintained you've been denied open records
[01:15:52.200 --> 01:15:56.360]  or let's see how can you get standing
[01:15:59.160 --> 01:16:09.160]  you are you have a right to test the veracity of your police and you have a right to examine
[01:16:09.160 --> 01:16:17.880]  into their behavior their practices and by this denial you've been denied that right
[01:16:20.200 --> 01:16:30.200]  right yeah you haven't been a hobo 552 is is so well written talking about it's your right to
[01:16:30.200 --> 01:16:39.640]  keep track of your public officials we do not give our servants the right to determine what
[01:16:39.640 --> 01:16:44.280]  is good for the people to know and what is not good for the people to know so you want this
[01:16:44.280 --> 01:16:52.760]  information you are not in any way encumbered by the fact that there's a possibility that your
[01:16:52.760 --> 01:17:01.240]  wife may be charged for the crime that doesn't encumber your rights in any way logos radio
[01:17:01.240 --> 01:17:07.080]  network welcomes a new show to our lineup for the new year scripture talk with nano will begin
[01:17:07.080 --> 01:17:12.920]  wednesday january eighth from eight to ten p.m central time our goal is in accord with matthew
[01:17:12.920 --> 01:17:18.840]  five sixteen let your light so shine before men that they may see your good works and glorify
[01:17:18.840 --> 01:17:24.440]  your father which is in heaven we wish to reflect god's light and be a blessing to all those with
[01:17:24.440 --> 01:17:30.840]  a hearing ear join nana and guests for both verse by verse bible studies and topical bible studies
[01:17:30.840 --> 01:17:36.600]  designed to provoke onto love and good works our verse by verse bible studies will begin in the
[01:17:36.600 --> 01:17:42.760]  book of matthew where we will discuss one chapter per week our topical bible studies will vary each
[01:17:42.760 --> 01:17:48.920]  week and will explore sound doctrine as well as christian character development so mark your calendar
[01:17:48.920 --> 01:17:55.560]  and join us live on logos radio network dot com wednesdays from eight to ten p.m starting january
[01:17:55.560 --> 01:18:06.360]  eight for an inspiring and motivating discussion of the scriptures it's the 2019 logos radio network
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[01:19:15.000 --> 01:19:16.520]  ain't gonna blind me
[01:19:16.520 --> 01:19:21.960]  me don't bore me
[01:19:31.240 --> 01:19:40.040]  ain't gonna fool me with that same old trick again i was blindsided but now i can see your
[01:19:40.040 --> 01:19:49.400]  hand you put the fear in my pocket took the money from my hand ain't gonna fool me with that same old
[01:19:49.400 --> 01:19:51.480]  trick again
[01:19:51.480 --> 01:20:06.920]  me
[01:20:11.240 --> 01:20:14.920]  ain't gonna drive me with that same old circle
[01:20:16.200 --> 01:20:18.920]  i get it now but then i must now
[01:20:18.920 --> 01:20:25.560]  get out of the way back then you had room to move but now you're leaving the ground
[01:20:26.280 --> 01:20:30.360]  ain't gonna get me with that same old circle
[01:20:30.360 --> 01:20:41.800]  my
[01:20:41.800 --> 01:20:55.800]  Well, you ain't gonna please me with that same old bag and song
[01:20:55.800 --> 01:21:00.800]  You thought you were right, but now you don't know the song
[01:21:00.800 --> 01:21:05.800]  It was a weak moment for me, but I have the power all alone
[01:21:05.800 --> 01:21:11.800]  Ain't gonna please me with that same old bag and song
[01:21:28.800 --> 01:21:30.800]  Okay, we are back
[01:21:30.800 --> 01:21:37.800]  This is the rule of law radio, Randy Kelton, I'm Brett Fountain on this the 12th of December, 2019
[01:21:37.800 --> 01:21:42.800]  And we are speaking with Adam in Texas
[01:21:42.800 --> 01:21:47.800]  And Adam, I don't know if you had some more questions about that rule 202
[01:21:47.800 --> 01:21:53.800]  Or if we can go ahead, I'd like to ask you about your dismissal you had recently
[01:21:53.800 --> 01:21:55.800]  You encourage everybody about that
[01:21:55.800 --> 01:22:00.800]  Would you like to speak to that or you got something else more on this rule 202?
[01:22:00.800 --> 01:22:06.800]  Um, no, yeah, no, nothing else about the 202
[01:22:06.800 --> 01:22:09.800]  Y'all kind of steered me in the right direction on that
[01:22:09.800 --> 01:22:15.800]  Um, Bill, Bill was gonna call in tomorrow night and he's gonna tell us story because it was his win
[01:22:15.800 --> 01:22:19.800]  So I want, I want him to tell us stories of those
[01:22:19.800 --> 01:22:21.800]  Alright, wonderful
[01:22:21.800 --> 01:22:26.800]  Okay, then let me make one comment about 202
[01:22:26.800 --> 01:22:33.800]  In researching pre litigation discovery in different states
[01:22:33.800 --> 01:22:44.800]  Texas has absolutely by far the best pre litigation discovery of any state in the union
[01:22:44.800 --> 01:22:52.800]  The references online were it is the wild west in Texas when it comes to pre litigation discovery
[01:22:52.800 --> 01:22:56.800]  In every other state and the fed
[01:22:56.800 --> 01:23:05.800]  In pre litigation discovery, you may only petition for depositions
[01:23:05.800 --> 01:23:14.800]  In Texas, you can request the same discovery you can request that trial
[01:23:14.800 --> 01:23:18.800]  And that was just recently enacted
[01:23:18.800 --> 01:23:19.800]  Wow
[01:23:19.800 --> 01:23:25.800]  We can do everything under pre litigation discovery
[01:23:25.800 --> 01:23:27.800]  Wow, that's cool, man
[01:23:27.800 --> 01:23:38.800]  Um, great, well, I got, I don't want to jam up any other collars, I got one more piece of good news and one more question and I'll get off
[01:23:38.800 --> 01:23:49.800]  Um, I've been bugging the grand jury down here for a while now and I finally got served my civil process
[01:23:49.800 --> 01:24:03.800]  And they're going to have me come in seven days on the 19th, I'm coming in there and they want me to testify as to the veracity of my seven criminal charges on five public officials, five felonies and two misdemeanors
[01:24:03.800 --> 01:24:13.800]  So, oh my goodness, oh my goodness, this is a big deal
[01:24:13.800 --> 01:24:18.800]  Yes, all I wanted for Christmas
[01:24:18.800 --> 01:24:23.800]  You got somebody's attention
[01:24:23.800 --> 01:24:36.800]  When I did that in Randall County, I was at the courthouse and I was in the courtroom and I came out and the bailiff, I was actually waiting for the grand jury to call me, he didn't know that
[01:24:36.800 --> 01:24:41.800]  He said, Mr. Kelton, you seem like a personable individual
[01:24:41.800 --> 01:24:45.800]  And I said, well, I try to be, I was always joking with him
[01:24:45.800 --> 01:24:48.800]  He said, mind if I give you some advice? I said, sure
[01:24:48.800 --> 01:24:55.800]  He said, Mr. Kelton, when you come down here poking the bear the way you do, you really need to be careful
[01:24:55.800 --> 01:25:02.800]  And I said, oh, Sergeant, I am always very careful and besides, you don't understand
[01:25:02.800 --> 01:25:05.800]  I am the bear
[01:25:05.800 --> 01:25:12.800]  He left then and he said, yes, Mr. Kelton, today you are the bear
[01:25:12.800 --> 01:25:21.800]  Because he knew I had preempted the district attorney and got criminal charges against the district attorney to the grand jury
[01:25:21.800 --> 01:25:25.800]  So everybody in there was tense
[01:25:25.800 --> 01:25:33.800]  I was in the courtroom, I already sent documents to the grand jury and the prosecuting attorney intercepted him
[01:25:33.800 --> 01:25:39.800]  Well, I came back and gave him to the bailiff and had him take him into the grand jury
[01:25:39.800 --> 01:25:46.800]  I came up in the courtroom and the assistant district attorney was having a little cattle call hearing
[01:25:46.800 --> 01:25:54.800]  And she was talking to the judge and turned around and saw me and just kind of, she was moving and she kind of ground to a halt
[01:25:54.800 --> 01:25:57.800]  And just froze for a second
[01:25:57.800 --> 01:26:05.800]  I had called her the day before and asked her when the grand jury would meet and she said they had just met that day
[01:26:05.800 --> 01:26:08.800]  Well, she lied to me
[01:26:08.800 --> 01:26:13.800]  She turned around and saw me sitting there and the grand jury is in the basement
[01:26:13.800 --> 01:26:19.800]  She ran over to the assistant prosecutor, whispered a little bit and prosecutors zipped out of the room
[01:26:19.800 --> 01:26:24.800]  She went and grabbed all my complaints and run them down to the grand jury
[01:26:24.800 --> 01:26:29.800]  Sorry, too late, they already got them
[01:26:29.800 --> 01:26:37.800]  And they called me in, but you have at this point terrified everybody
[01:26:37.800 --> 01:26:41.800]  Adam, that is the point
[01:26:41.800 --> 01:26:46.800]  Whether you get an indictment or not is irrelevant
[01:26:46.800 --> 01:26:55.800]  Actually, an indictment will ruin long-term careers
[01:26:55.800 --> 01:26:58.800]  That's what I'm tuned for
[01:26:58.800 --> 01:27:00.800]  If you get it, wonderful
[01:27:00.800 --> 01:27:08.800]  I know a number of policemen and not a single one of them became a policeman
[01:27:08.800 --> 01:27:10.800]  At least the ones I know
[01:27:10.800 --> 01:27:13.800]  So that he could be a Jack Boody thug
[01:27:13.800 --> 01:27:15.800]  They wouldn't be a good cuss
[01:27:15.800 --> 01:27:20.800]  They get into this profession and it's not what they body and on
[01:27:20.800 --> 01:27:24.800]  It's not what they expected, they wound up stuck in it
[01:27:24.800 --> 01:27:32.800]  So when the bailiff knocked me down, broke my elbow, I didn't go after it
[01:27:32.800 --> 01:27:36.800]  Because he made a mistake
[01:27:36.800 --> 01:27:41.800]  I had pushed him over the edge and he was furious at me
[01:27:41.800 --> 01:27:45.800]  And he just touched me in the back as I stepped out the door
[01:27:45.800 --> 01:27:50.800]  As my foot came down on a little carpet they had there to wipe your feet on
[01:27:50.800 --> 01:27:53.800]  And it caused that carpet to slide out from under me
[01:27:53.800 --> 01:27:59.800]  I went down backwards and my elbow hit a grand step, broke my elbow
[01:27:59.800 --> 01:28:01.800]  He did not mean to do that
[01:28:01.800 --> 01:28:05.800]  He didn't really shove me, just a light push
[01:28:05.800 --> 01:28:14.800]  Because I'm going to ruin a 20 or 30 year career over a minor misstep
[01:28:14.800 --> 01:28:19.800]  I just couldn't bring myself to do it
[01:28:19.800 --> 01:28:27.800]  And when I file criminal charges with the grand jury, I never want these guys indicted
[01:28:27.800 --> 01:28:32.800]  We could get rid of all of our public officials, replace all of them, we'd be in the same place
[01:28:32.800 --> 01:28:38.800]  But if you can jerk those guys in front of a grand jury, they're all sitting there wondering
[01:28:38.800 --> 01:28:41.800]  Is my career going to end here?
[01:28:41.800 --> 01:28:45.800]  Am I going to wind up in jail over this?
[01:28:45.800 --> 01:28:51.800]  Now you got somebody out there who not only is not going to pull a squabble again
[01:28:51.800 --> 01:28:55.800]  They're going to tell everybody else what's happening to them
[01:28:55.800 --> 01:28:59.800]  This is how we make change
[01:28:59.800 --> 01:29:06.800]  I don't expect you not to want them to get indicted
[01:29:06.800 --> 01:29:16.800]  Point is, if you don't get them indicted, so far as the power you have created makes no difference
[01:29:16.800 --> 01:29:20.800]  Getting them in front of a grand jury is as good as getting them indicted
[01:29:20.800 --> 01:29:23.800]  No, you've got everybody's attention
[01:29:23.800 --> 01:29:30.800]  Now, where you're at, you are the bear
[01:29:30.800 --> 01:29:38.800]  Well, last question, Randy, I got seven criminal laps today with five public officials
[01:29:38.800 --> 01:29:43.800]  But these five public officials, none of them, they're all in another county
[01:29:43.800 --> 01:29:47.800]  They're not in the county that I'm going to for the grand jury
[01:29:47.800 --> 01:29:50.800]  How are they going to even know they're for the grand jury?
[01:29:50.800 --> 01:29:53.800]  Okay, here's the deal, we're going to break
[01:29:53.800 --> 01:29:56.800]  I'll touch that when we come back, you're going to like this
[01:29:56.800 --> 01:30:01.800]  We'll be right back
[01:30:01.800 --> 01:30:09.800]  Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps on growing
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[01:30:26.800 --> 01:30:31.800]  So protect your rights, say no to surveillance and keep your information to yourself
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[01:30:48.800 --> 01:30:52.800]  If so, you might think that multitasking proves you're smart
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[01:33:51.800 --> 01:33:56.800]  Okay, we are back. Randy Kelton, Brett Fountain, RulaLaw Radio
[01:33:56.800 --> 01:33:58.800]  And we're talking to Adam in Texas
[01:33:58.800 --> 01:34:07.800]  And Adam, this is, from my perspective, this is the place I always want to get to
[01:34:07.800 --> 01:34:12.800]  Once I've got the grand jury to actually pick it up
[01:34:12.800 --> 01:34:19.800]  You know, I did this with the Court of Criminal Appeals about, oh, seven, eight years ago
[01:34:19.800 --> 01:34:26.800]  I filed a habeas corpus. That's the habeas corpus that's on the Jewish improvement site
[01:34:26.800 --> 01:34:28.800]  I filed it for this kid in Conroe
[01:34:28.800 --> 01:34:31.800]  And they asked for a motion for leave to file
[01:34:31.800 --> 01:34:35.800]  And I told the clerk, heck, this is the great writ, the writ of right
[01:34:35.800 --> 01:34:38.800]  This Court has no power to grant or deny leave
[01:34:38.800 --> 01:34:41.800]  And the clerk said, well, I can't take it without it
[01:34:41.800 --> 01:34:43.800]  Well, I'm trying to get this kid out of jail, it's not my fight
[01:34:43.800 --> 01:34:45.800]  So I filed a motion for leave to file
[01:34:45.800 --> 01:34:47.800]  They denied it the next day
[01:34:47.800 --> 01:34:50.800]  Okay, we'll see how that works
[01:34:50.800 --> 01:34:53.800]  It took me a year to get this before the grand jury
[01:34:53.800 --> 01:35:01.800]  But the second day after I filed the, after when they denied my habeas
[01:35:01.800 --> 01:35:06.800]  The second day after they denied my habeas to let this kid out of jail
[01:35:06.800 --> 01:35:08.800]  Because now it was getting hot
[01:35:08.800 --> 01:35:12.800]  It took me a year to get this in front of the grand jury
[01:35:12.800 --> 01:35:14.800]  And I finally did
[01:35:14.800 --> 01:35:18.800]  They held it from the day they got in office till the day they got out
[01:35:18.800 --> 01:35:21.800]  And they no-build on the last day
[01:35:21.800 --> 01:35:25.800]  The Court of Criminal Appeals highest judges in Texas
[01:35:25.800 --> 01:35:30.800]  Spent three months wondering if their careers are going to end tomorrow
[01:35:30.800 --> 01:35:36.800]  And over mining, minor piddling little stuff
[01:35:36.800 --> 01:35:38.800]  Could not have been more powerful
[01:35:38.800 --> 01:35:43.800]  If you filed writ of habeas corpus with Court of Criminal Appeals days in Texas
[01:35:43.800 --> 01:35:47.800]  They are not going to ask you for a motion for leave to file
[01:35:47.800 --> 01:35:51.800]  We got that fixed
[01:35:51.800 --> 01:35:53.800]  Okay, Randy, let me ask you something about that
[01:35:53.800 --> 01:35:56.800]  You said they kept it until the last day
[01:35:56.800 --> 01:36:02.800]  What happens if they still have a backlog of things that they haven't addressed yet
[01:36:02.800 --> 01:36:04.800]  And it's the end of their term
[01:36:04.800 --> 01:36:06.800]  What happens to those?
[01:36:06.800 --> 01:36:08.800]  Are they treated like no-bills?
[01:36:08.800 --> 01:36:10.800]  No, no, they held over for the next term
[01:36:10.800 --> 01:36:12.800]  And somebody else has to deal with it
[01:36:12.800 --> 01:36:14.800]  They have to represent it, what?
[01:36:14.800 --> 01:36:16.800]  The grand jury's held over
[01:36:16.800 --> 01:36:18.800]  Okay
[01:36:18.800 --> 01:36:20.800]  They don't get to leave until they finish all their business
[01:36:20.800 --> 01:36:24.800]  What they do is stop giving them cases so they can finish their business
[01:36:24.800 --> 01:36:25.800]  Okay
[01:36:25.800 --> 01:36:29.800]  There was something I wanted to talk to you about
[01:36:29.800 --> 01:36:37.800]  The district court impanels a grand jury for every county
[01:36:37.800 --> 01:36:40.800]  I live in Wise County
[01:36:40.800 --> 01:36:47.800]  And the district court there handles three counties, Wise, Jack and Montake
[01:36:47.800 --> 01:36:54.800]  And the district judge appoints a, impanels a grand jury for each of those counties
[01:36:54.800 --> 01:36:58.800]  Now that district judge is a state judge
[01:36:58.800 --> 01:37:01.800]  He has statewide jurisdiction
[01:37:01.800 --> 01:37:05.800]  But he has a restriction on his venue
[01:37:05.800 --> 01:37:08.800]  And that's so, we don't have circuit judges anymore
[01:37:08.800 --> 01:37:13.800]  We've got so many people, we don't need judges to drive around the state
[01:37:13.800 --> 01:37:16.800]  We've got enough cases to keep them in place
[01:37:16.800 --> 01:37:18.800]  Okay
[01:37:18.800 --> 01:37:26.800]  There is law that allows the legislature to restrict the venue of a state judge
[01:37:26.800 --> 01:37:30.800]  Within the state to a certain area
[01:37:30.800 --> 01:37:35.800]  And while a grand jury is impaneled in every county
[01:37:35.800 --> 01:37:44.800]  I find nothing in code that restricts the venue of a grand jury to a specific county
[01:37:44.800 --> 01:37:49.800]  Now I do find precedent in that
[01:37:49.800 --> 01:37:57.800]  Magistrates, all judges, all justices of the peace, municipal judges, all judges are magistrates
[01:37:57.800 --> 01:38:06.800]  Attorney General, opinion H-500, addressed where a guy was charged in one county
[01:38:06.800 --> 01:38:13.800]  Arrested in another county and took before a magistrate in the other county
[01:38:13.800 --> 01:38:21.800]  So the question was, did the magistrate in the foreign county have jurisdiction?
[01:38:21.800 --> 01:38:31.800]  And the answer was, a magistrate has jurisdiction to hold an examining trial
[01:38:31.800 --> 01:38:38.800]  For any crime, felony, or misdemeanor state or federal
[01:38:38.800 --> 01:38:42.800]  From anywhere in the state
[01:38:42.800 --> 01:38:50.800]  They are a state official when it comes to acting as a magistrate
[01:38:50.800 --> 01:38:56.800]  And essentially the grand jury performs the same function and I maintain
[01:38:56.800 --> 01:39:06.800]  That absent some specific law, particularly limiting the venue of a grand jury
[01:39:06.800 --> 01:39:09.800]  The grand jury's venue is statewide
[01:39:09.800 --> 01:39:11.800]  That's my story and I'm sticking to it
[01:39:11.800 --> 01:39:16.800]  I guarantee you Adam, that issue is going to come up
[01:39:16.800 --> 01:39:24.800]  So when you get before the grand jury, you might say I understand that these are from different counties
[01:39:24.800 --> 01:39:31.800]  But you have jurisdiction for this reason
[01:39:31.800 --> 01:39:34.800]  The reason being
[01:39:34.800 --> 01:39:43.800]  There is nothing in law that restricts this grand jury's authority
[01:39:43.800 --> 01:39:49.800]  To any specific venue in the state, you are a state grand jury
[01:39:49.800 --> 01:39:58.800]  You're not a county grand jury, just like a magistrate while he is elected in a county in a precinct in a county
[01:39:58.800 --> 01:40:05.800]  He has jurisdiction over the entire state for the purpose of examining into a criminal accusation
[01:40:05.800 --> 01:40:09.800]  And you have that same authority
[01:40:09.800 --> 01:40:16.800]  But how am I going to get the effect of these other public officials in other counties?
[01:40:16.800 --> 01:40:27.800]  If you have them before a grand jury in any county, you've got their attention big time
[01:40:27.800 --> 01:40:31.800]  They're looking to go into prison
[01:40:31.800 --> 01:40:33.800]  They'll hear it through the grapevine?
[01:40:33.800 --> 01:40:37.800]  Oh, they're going to hear it from the prosecutor
[01:40:37.800 --> 01:40:42.800]  He's going to say I got this guy trying to get you indicted
[01:40:42.800 --> 01:40:47.800]  Why shouldn't I help you get indicted?
[01:40:47.800 --> 01:40:53.800]  He's going to want to know what's going on because he's not going to want to be in the dark
[01:40:53.800 --> 01:41:00.800]  I guarantee you his investigator has already talked to every one of them
[01:41:00.800 --> 01:41:04.800]  Well good news, I guess that's great
[01:41:04.800 --> 01:41:11.800]  The prosecutor is going to want to cover his behind because if he's got somebody that really is a bad guy
[01:41:11.800 --> 01:41:17.800]  He's not going to want to go in there and try to argue against indictment
[01:41:17.800 --> 01:41:20.800]  He's got a CYA
[01:41:20.800 --> 01:41:26.800]  He's got to make sure he knows where he stands so you know they've been talked to
[01:41:26.800 --> 01:41:32.800]  I thought the proceedings of the grand jury are kept secret especially for people who aren't incarcerated
[01:41:32.800 --> 01:41:39.800]  Only the deliberations of the grand jury are secret
[01:41:39.800 --> 01:41:50.800]  And there's nothing that prevents a grand jury member from disclosing what went on in deliberations
[01:41:50.800 --> 01:42:01.800]  It prevents the prosecutor or anyone else from disclosing but not the grand jury member
[01:42:01.800 --> 01:42:07.800]  Okay, one more quick question now. Do you have another caller I could let it go?
[01:42:07.800 --> 01:42:13.800]  Yes, I have Tina, but she's okay. If we miss her tonight we'll give her tomorrow
[01:42:13.800 --> 01:42:16.800]  If you have one more question we'll do it quickly
[01:42:16.800 --> 01:42:25.800]  Alright, well word on the street down here in my county is that we've been having some issues with the grand jury
[01:42:25.800 --> 01:42:34.800]  The one I'm about to go present to here in a week and word on the street is that the district attorney is up in there
[01:42:34.800 --> 01:42:43.800]  Alongside the county attorney and the county attorney is going in there and he's sitting there acting like the
[01:42:43.800 --> 01:42:49.800]  I guess the defense and he's sitting there telling the grand jury why they shouldn't indict people
[01:42:49.800 --> 01:42:58.800]  Is that even legal? No. To be two attorneys for the state president at the same time inside the grand jury?
[01:42:58.800 --> 01:43:09.800]  No, grand jury. The prosecuting attorney is the only one who can go before a grand jury as a matter of right
[01:43:09.800 --> 01:43:18.800]  Two? That's a different issue. But anyone can go before the grand jury with the grand jury's permission
[01:43:18.800 --> 01:43:26.800]  Right, yeah, right, yeah. So the only one who would have standing to object would be a grand jury member
[01:43:26.800 --> 01:43:34.800]  Okay, but what about the DA and the CA both in there acting like the attorney for the state at the same time?
[01:43:34.800 --> 01:43:41.800]  I don't read anywhere. Yeah, as far as I know there's nothing restricting that
[01:43:41.800 --> 01:43:44.800]  Okay, they can both be in there
[01:43:44.800 --> 01:43:48.800]  Anybody can be in there that the grand jury accepts
[01:43:48.800 --> 01:43:52.800]  Okay, so the only one who could complain to be at the grand jury
[01:43:52.800 --> 01:43:59.800]  Okay, thank you Adam. Going to break. Randy Kelton. We'll be right back
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[01:46:21.800 --> 01:46:34.800]  Okay, we are back. Randy Kelton, Brett Fountain, rule of law radio
[01:46:34.800 --> 01:46:38.800]  And we're going to Tina in California. Hello, Tina
[01:46:38.800 --> 01:46:41.800]  Hello, Randy. How are you today?
[01:46:41.800 --> 01:46:49.800]  I am good. You had a situation that you wanted to talk about last week, but we didn't have time
[01:46:49.800 --> 01:46:58.800]  No, and I got to get some more things on that, but I have a quick question for today
[01:46:58.800 --> 01:47:06.800]  It's for a friend of mine who has been fighting for closure for like 11, 12 years
[01:47:06.800 --> 01:47:12.800]  The same bank as I fought, but he's in a judicial state of Florida
[01:47:12.800 --> 01:47:19.800]  And they keep changing attorneys and encouraging him to write complaints about them and helping him
[01:47:19.800 --> 01:47:24.800]  But he's got a situation where every time there's a problem, they transfer his mortgage
[01:47:24.800 --> 01:47:29.800]  And it went to die tech. He has no idea why it supposedly went to die tech
[01:47:29.800 --> 01:47:32.800]  So he filed some kind of...
[01:47:32.800 --> 01:47:37.800]  Wait a minute, wait a minute. Can you move the mic away from your mouth a little? I'm having trouble understanding you
[01:47:37.800 --> 01:47:43.800]  Let's see. Is this a little better?
[01:47:43.800 --> 01:47:49.800]  I'm not sure. Go ahead and talk. Go through that again. I didn't get most of it
[01:47:49.800 --> 01:47:58.800]  Well, his loan supposedly went to die tech from SIT Group, although SIT Group is still fighting him
[01:47:58.800 --> 01:48:04.800]  How if he went to die tech, he has no idea. They claim they have nothing to do with it
[01:48:04.800 --> 01:48:08.800]  But they sent him, you know, notice it
[01:48:08.800 --> 01:48:17.800]  They have died tech of recent files for bankruptcy and they've apparently been split into multiple LLCs
[01:48:17.800 --> 01:48:24.800]  And he somehow got a claim against them. He put in some kind of claim to 13 million
[01:48:24.800 --> 01:48:36.800]  And they are disputing 9 million of it, but the judge has said part of it, like I think it's about 8 million of them survived
[01:48:36.800 --> 01:48:43.800]  But he has to file some kind of form and he only has until December 17th
[01:48:43.800 --> 01:48:51.800]  How should he get help? Who should he go to to figure out how to keep this claim alive?
[01:48:51.800 --> 01:48:56.800]  I don't know where to guide him to go, except for Tony
[01:48:56.800 --> 01:49:04.800]  Okay, I'm having a lot of trouble. This is too complicated and I'm having a lot of trouble understanding you on the show
[01:49:04.800 --> 01:49:12.800]  And I have to understand what you're saying. So call me on the phone tomorrow and we can go through this in detail
[01:49:12.800 --> 01:49:16.800]  And I'll be able to give you a clear answer
[01:49:16.800 --> 01:49:20.800]  Okay, sounds good. Is it a good time?
[01:49:20.800 --> 01:49:24.800]  Erty is always better from even late
[01:49:24.800 --> 01:49:30.800]  Okay, I can do that. And if anybody from New York is listening in
[01:49:30.800 --> 01:49:37.800]  There is someone in New York, a guy called Scott, who would really like to get in touch with some of you. He's listening to you on the show
[01:49:37.800 --> 01:49:47.800]  And if you could tell Randy it's okay to give him your email. He would really love to connect with
[01:49:47.800 --> 01:49:55.800]  If you will, if you will send me and if you have him send me an email and ask for introductions
[01:49:55.800 --> 01:50:03.800]  I will get all the guys I find in New York that's been calling me and forward this introduction to him
[01:50:03.800 --> 01:50:09.800]  Yeah, because he really has got a lot out of listening to them and to your show
[01:50:09.800 --> 01:50:15.800]  But he needs some extra help and they think that New York guys could do that for him
[01:50:15.800 --> 01:50:18.800]  Yeah, I've got a couple people in mind
[01:50:18.800 --> 01:50:25.800]  Yeah, I think he will have, but who was the guy on the show earlier who was saying to people
[01:50:25.800 --> 01:50:32.800]  You know, the information we got from here was so valuable that they keep donating and I have a lot of donation
[01:50:32.800 --> 01:50:35.800]  That's Ted in California. I think you know him
[01:50:35.800 --> 01:50:44.800]  Yeah, I do know him. Ted, you're absolutely right. The information we get here has been invaluable
[01:50:44.800 --> 01:50:52.800]  I only wished I had known about it in 2012 because I would be sitting pretty right now
[01:50:52.800 --> 01:50:58.800]  But I'm still in a fight and I'm going to give him a run for the money all because of this show
[01:50:58.800 --> 01:51:02.800]  It's the best education you can get
[01:51:02.800 --> 01:51:04.800]  Thank you
[01:51:04.800 --> 01:51:07.800]  That's my flood for the night and you can pay me later
[01:51:07.800 --> 01:51:10.800]  Okay, I'll send it later
[01:51:10.800 --> 01:51:18.800]  Okay, thank you Tina. Okay, we had Scott from Michigan, but he dropped off
[01:51:18.800 --> 01:51:25.800]  Scott, if you call back, we'll go to you. If not, call in tomorrow and we'll take you early
[01:51:25.800 --> 01:51:29.800]  Except we take Bill first because he's got some crowing to do
[01:51:29.800 --> 01:51:42.800]  And right now I want to talk to Brad about the last something to do with the bovine excrement
[01:51:42.800 --> 01:51:45.800]  Okay
[01:51:45.800 --> 01:51:49.800]  What's on your mind?
[01:51:49.800 --> 01:51:53.800]  Okay, tell us about how that come about
[01:51:53.800 --> 01:51:59.800]  Well, it came about because I wrote five graphs to a lawyer
[01:51:59.800 --> 01:52:06.800]  He started saying all kinds of nonsense and lawless comments and statements of law out of his mouth
[01:52:06.800 --> 01:52:08.800]  I had to find
[01:52:08.800 --> 01:52:12.800]  Hold on, tell us who that lawyer is and give us context
[01:52:12.800 --> 01:52:18.800]  Well, his name is Bruce Errett. He describes himself as
[01:52:18.800 --> 01:52:23.800]  I'm the chief of the Civil Division
[01:52:23.800 --> 01:52:27.800]  So whatever that means, it sounds important
[01:52:27.800 --> 01:52:34.800]  He's in Brazos County. He is the one who instructed all of the officials, elected and appointed
[01:52:34.800 --> 01:52:40.800]  And all of the heads of departments to not respond to my records requests
[01:52:40.800 --> 01:52:47.800]  But instead to send them, to forward them to him without response
[01:52:47.800 --> 01:52:52.800]  And when he told me that in an email
[01:52:52.800 --> 01:53:00.800]  It came with a whole bunch of other smokescreen comments and wildly distracting nonsense
[01:53:00.800 --> 01:53:11.800]  And I had to write five different drafts of an email before I finally landed on what I would really like to send him
[01:53:11.800 --> 01:53:16.800]  Okay, is this the one that mentioned honey and flies?
[01:53:16.800 --> 01:53:25.800]  Right, he did. He said I could catch more flies with honey than I could with vinegar
[01:53:25.800 --> 01:53:29.800]  Well, I went ahead and told him that I didn't
[01:53:29.800 --> 01:53:35.800]  Well, first thing I did before I responded is I went ahead and bar-grieved him
[01:53:35.800 --> 01:53:42.800]  And gave him, put some criminal complaints into the hopper
[01:53:42.800 --> 01:53:46.800]  But then I finally did respond back to him
[01:53:46.800 --> 01:53:54.800]  And that was with the full page, the bowl and the experiment icons there
[01:53:54.800 --> 01:54:00.800]  And I finally did respond back to him. I said, Mr. Arrat, please see attached
[01:54:00.800 --> 01:54:05.800]  Then I also said, you speak of catching more flies with honey than with vinegar
[01:54:05.800 --> 01:54:12.800]  But frankly, this is a clear and simple matter of law and nobody asks what a pesky fly wants, irrelevant
[01:54:12.800 --> 01:54:20.800]  That said, you do seem uniquely qualified to speak authoritatively on the impertinent subject of pleasing flies
[01:54:20.800 --> 01:54:24.800]  They're always attracted to BS
[01:54:24.800 --> 01:54:35.800]  And I said, despite your interference and even your telling me that all of these county officials criminal misconduct in office was all orchestrated by you
[01:54:35.800 --> 01:54:39.800]  Your boss has clarified that they each remain free to follow the law
[01:54:39.800 --> 01:54:44.800]  So for your sake and theirs, let's all hope they disregard your legal advice quickly
[01:54:44.800 --> 01:54:50.800]  And simply respond to my September 25th records request as is mandatory by law
[01:54:50.800 --> 01:54:56.800]  And no longer try to charge unauthorized fees that are explicitly prohibited by law
[01:54:56.800 --> 01:54:59.800]  You can keep your flies and all have those records
[01:54:59.800 --> 01:55:04.800]  You're having way too much fun
[01:55:04.800 --> 01:55:08.800]  Well, I just want those documents
[01:55:08.800 --> 01:55:22.800]  You know, I always say, never write documents for public officials. You always write your document for grand juries
[01:55:22.800 --> 01:55:33.800]  Every time I write a document, I'm thinking, if this gets to a grand jury, how is a grand jury going to respond to this?
[01:55:33.800 --> 01:55:48.800]  And I can bet you the last thing this lawyer is going to want to happen is to have this letter in front of a grand jury of your peers
[01:55:48.800 --> 01:55:57.800]  Because he's going to know there's a real good chance the grand jury is going to respond to what you said
[01:55:57.800 --> 01:56:04.800]  The same way, you know, he's going to know how they would respond. They're going to feel the same way you felt when you wrote it
[01:56:04.800 --> 01:56:10.800]  And they're likely to say, I wish I had said that
[01:56:10.800 --> 01:56:16.800]  Judges want you to write documents to them. Don't care about judges
[01:56:16.800 --> 01:56:23.800]  Only care about grand juries. And when you start doing that, they will recognize it. I have no doubt
[01:56:23.800 --> 01:56:28.800]  This lawyer is going to look at this and the fact that you bar-grieved him and filed criminal charges
[01:56:28.800 --> 01:56:36.800]  And he's going to say, this guy is not going to stop. He's not going to be deterred
[01:56:36.800 --> 01:56:43.800]  I'm going to have to find another way to deal with this if he's smart
[01:56:43.800 --> 01:56:52.800]  But since he is a lawyer for a local municipality, you can be pretty sure he is not the sharpest knife in the drawer
[01:56:52.800 --> 01:57:02.800]  Because if he was, he'd be out making a big bucks and not down here with a government job rubbing for dollars
[01:57:02.800 --> 01:57:13.800]  And in this case, he's an administrative lawyer. He doesn't have any of the protections that a prosecutor has
[01:57:13.800 --> 01:57:18.800]  So he has none at all. He's just a lawyer representing a client
[01:57:18.800 --> 01:57:23.800]  A couple days ago, I reached out to the risk management at Brazos County
[01:57:23.800 --> 01:57:31.800]  And I said, I need to get some public information. I would suggest you not allow that lawyer to inject himself as a middleman
[01:57:31.800 --> 01:57:43.800]  And I asked for the insurance, the coverage, the surety bonds, whatever they've got that covers this malpractice of that lawyer and their whole office there
[01:57:43.800 --> 01:57:49.800]  I want to see the insurance information. I want to see the premiums that are paid. I want to see the coverage levels
[01:57:49.800 --> 01:57:55.800]  And they need to go ahead and let me know about that. Risk manager. You think that he got a phone call about that?
[01:57:55.800 --> 01:58:04.800]  Very good chance he did. And very good chance that it wasn't a cold call
[01:58:04.800 --> 01:58:10.800]  I suspect it got heated
[01:58:10.800 --> 01:58:22.800]  Okay, Scott, I see you there. I'm sorry we ran out of time. If you will call back tomorrow night, we will take you early
[01:58:22.800 --> 01:58:33.800]  This is Randy Kelton, Brett Fountain, rule of our radio on this, the 12th, Thursday, the 12th day of December, 2019
[01:58:33.800 --> 01:58:45.800]  Thank you all for listening. We'll all be back tomorrow night. Make sure you tune in and go to that donation page and let's hear those dollars rustling
[01:58:45.800 --> 01:58:49.800]  Thank you all for listening. Good night
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