ROL_2020-01-17_16k_Hr3-4.timecode

[00:00.000 --> 00:06.840]  The following use flash is brought to you by The Lone Star Lowdown.
[00:06.840 --> 00:13.480]  Markets for Monday the 22nd of July 2019 Open with Precious Metals, Gold $1,429.00, Silver
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[00:42.600 --> 00:52.520]  In history, the year 1916, the preparedness day bombing, a time suitcase bomb, was detonated
[00:52.520 --> 00:57.840]  on Market Street in San Francisco during the World War I preparedness day parade, killing
[00:57.840 --> 01:04.880]  10 and entering 40 today in history.
[01:04.880 --> 01:05.880]  And recent news.
[01:05.880 --> 01:10.520]  Since Governor Greg Abbott signed House Bill 1325, legalizing Hempett attacks his law back
[01:10.520 --> 01:15.200]  in June, county prosecutors around the state, including Houston, Austin, and San Antonio,
[01:15.200 --> 01:19.120]  have been dropping marijuana possession charges and even refusing to file new ones, since
[01:19.120 --> 01:23.240]  they are stipulating that they do not have the time or the laboratory equipment to test
[01:23.240 --> 01:24.920]  the year for THC.
[01:24.920 --> 01:28.560]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.560 --> 01:33.120]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.120 --> 01:34.120]  law.
[01:34.120 --> 01:37.680]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.680 --> 01:42.200]  that county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.200 --> 01:48.360]  in Texas, and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.360 --> 01:54.600]  well as other cities, too, like the District Attorney, in El Paso, Cayma Esparza, a Democrat
[01:54.600 --> 01:59.080]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:59.080 --> 02:01.800]  prosecution of marijuana cases in El Paso.
[02:01.800 --> 02:06.880]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.880 --> 02:10.880]  in Harris County, who stated that, quote, the law is constantly changing on what makes
[02:10.880 --> 02:13.600]  something illegal based on its chemical makeup.
[02:13.600 --> 02:17.480]  It's important that if someone is charged with something, the test matches what they're
[02:17.480 --> 02:22.680]  charged with.
[02:22.680 --> 02:27.520]  A paper by Tulane University identified a five-and-a-half-inch American pocket shark.
[02:27.520 --> 02:32.440]  As the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.440 --> 02:38.120]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.120 --> 02:39.120]  Pacific Ocean.
[02:39.120 --> 02:43.880]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.880 --> 02:50.160]  its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[02:50.160 --> 03:17.340]  flow.
[03:17.340 --> 03:36.780]  Okay, we are back. Randy Kelton, Brett Fountain, Wheel of Law Radio on this Friday, the 17th
[03:36.780 --> 03:50.260]  day of January 2020 and we're talking to Ralph in Texas. Okay, go ahead Ralph. You were asking
[03:50.260 --> 03:59.100]  one more question. You said something, I've heard before I can't get the words right.
[03:59.100 --> 04:06.900]  If the prosecutor is informed of a crime that's a reduce it into writing or information.
[04:06.900 --> 04:17.060]  Article, okay, this is the one I generally reference is article 2.03, Texas Code of
[04:17.060 --> 04:25.420]  Criminal Procedure. 2.01 says it shall be the duty of the prosecutor not to secure conviction
[04:25.420 --> 04:33.660]  but to ensure that justice is served. Okay, that's a bunch of high-minded rhetoric but
[04:33.660 --> 04:40.580]  it essentially tells him something not to do, doesn't tell him do anything. 2.02 tells
[04:40.580 --> 04:49.140]  the county attorney what he'll handle, the district attorney what he'll handle. 2.03,
[04:49.140 --> 04:59.300]  the first one that directs a prosecuting attorney to do a specific thing. It says, and I'm paraphrasing
[04:59.300 --> 05:06.420]  here so it's a little bit long and convoluted, a prosecuting attorney if a prosecuting attorney
[05:06.420 --> 05:15.100]  is made known in any manner that a public official has violated a law relating to this
[05:15.100 --> 05:23.900]  office. He shall reduce complaint and information submitted to the grand jury. Now, he's also
[05:23.900 --> 05:30.740]  required by other statutes to submit it to some magistrate but if it's a public official
[05:30.740 --> 05:36.940]  the prosecutor has zero discretion. Now, my prosecutor, the district attorney here in
[05:36.940 --> 05:43.140]  Wise County, we've known each other for a long time and I consider his good friends
[05:43.140 --> 05:48.460]  because he seems to trust me. I raised this issue with him and it didn't seem right with
[05:48.460 --> 05:56.260]  him so he had a assistant district attorney who was, she's a college professor now. Her
[05:56.260 --> 06:01.260]  name was Lindy and he wanted to, he asked Lindy if she would research it and we'd sit
[06:01.260 --> 06:07.940]  down and go through this. So I came in, we sat down in a meeting and I wiped the floor
[06:07.940 --> 06:16.180]  with her and she finally said, he's right. We have zero discretion. We must present to
[06:16.180 --> 06:21.860]  a grand jury. Is that the one you were talking about?
[06:21.860 --> 06:28.500]  Okay, I was getting confused with something else. What I'm concerned about is we're all
[06:28.500 --> 06:33.940]  spinning our wheels doing all this paperwork. The prosecutor's doing nothing. The prosecutor's
[06:33.940 --> 06:42.620]  doing nothing. The prosecutor's doing nothing. So the trooper tells me, you've got to appear
[06:42.620 --> 06:47.940]  before the JP by this day. So I appear by a special appearance between the JP and the
[06:47.940 --> 06:55.460]  prosecutor. Hold on. Hold on. Well, have you ever been in combat?
[06:55.460 --> 07:08.940]  No. In combat, you just can't go out and shoot a bullet and win the conflict. You win the
[07:08.940 --> 07:17.460]  conflict by shooting a lot of bullets. We win our conflict by shooting a lot of bullets
[07:17.460 --> 07:24.580]  at these guys. You file a complaint with the prosecutor and the prosecutor throws it in
[07:24.580 --> 07:34.820]  the trash. Well, what do you do then? You file against the prosecutor. Now, okay, you
[07:34.820 --> 07:41.700]  understand that all these public officials are going to try to shield one another from
[07:41.700 --> 07:53.660]  prosecution. That's what they do. We understand that. This is like combat. You know, when
[07:53.660 --> 08:00.860]  you go into combat, you have to know what weapons are available and which weapons to
[08:00.860 --> 08:09.540]  use. Here, I've been fighting this battle a long time and I've isolated some weapons
[08:09.540 --> 08:18.700]  to use against them. What it boils down to is never ask a public official to do anything
[08:18.700 --> 08:28.260]  you actually want them to do because you want to set them up because you never ask a public
[08:28.260 --> 08:35.180]  official to do anything that the law does not command him to do. That way, when he doesn't
[08:35.180 --> 08:43.460]  do it, you get to file against him. When you file against the public official and the one
[08:43.460 --> 08:49.140]  you file the complaint with doesn't act on the complaint, well, then you get to file
[08:49.140 --> 08:55.540]  against that official. Then when that one doesn't act on it, you get to file against
[08:55.540 --> 09:01.300]  that one with another one and you start stacking these up. Well, if you're in this hierarchy,
[09:01.300 --> 09:08.380]  let's say you're a district judge and I go into court like I did. They had criminal
[09:08.380 --> 09:16.700]  or district judge in Travis County and Bush whacked him with a set of criminal complaints
[09:16.700 --> 09:26.940]  against the district clerk, accusing the district clerk of secreting criminal charges against
[09:26.940 --> 09:33.420]  the district attorney from the grand jury, alleging that the district attorney secreted
[09:33.420 --> 09:41.260]  criminal complaints against all the highest judges in Texas from the grand jury. The judge
[09:41.260 --> 09:49.700]  read that and looked up at me and I could see it. He saw his whole career pass before
[09:49.700 --> 10:02.580]  his eyes. He wants me to file these complaints, which includes everybody. I had a county judge
[10:02.580 --> 10:11.020]  in Tarrant County read my 150 page presentment to him, and I had criminal charges against
[10:11.020 --> 10:20.380]  everybody starting from a municipal court all the way up to the district attorney. He looked
[10:20.380 --> 10:27.860]  at it and he said, Mr. Keltner, this is rather extensive. Do you mind? Do you have time? I'd
[10:27.860 --> 10:32.580]  like to go and sit down and take some time and read it. Sure, I got all day. He went out
[10:32.580 --> 10:40.500]  for an hour and a half and came back and he said, Mr. Keltner, in looking at your complaints,
[10:40.500 --> 10:47.300]  am I to understand that if I don't act in a way that you deem appropriate that you're
[10:47.300 --> 10:56.100]  prepared to file criminal charges against me? I thought, oops, I'm about to get in trouble,
[10:56.100 --> 11:03.180]  but if you're in for a penny, you're in for a pound. So I said, with all due respect,
[11:03.180 --> 11:12.580]  your honor, in a heartbeat. And he said, well, I'd better do this right then. He called in
[11:12.580 --> 11:20.540]  his clerk. He called in a court reporter. He had me read each complaint on the public
[11:20.540 --> 11:27.380]  record, had me swear to it under oath before the clerk and had the court reporter take
[11:27.380 --> 11:37.860]  a record of it. I heard he got a lot of grief about that later, but you have no idea how
[11:37.860 --> 11:45.900]  much fun that was. And that started out with a traffic ticket. This is how we beat him.
[11:45.900 --> 11:55.020]  Okay, I have one more scenario, and I'd like your opinion on this. This recent case, this
[11:55.020 --> 11:59.780]  latest traffic citation. They know it for years and years without getting traffic citations.
[11:59.780 --> 12:07.580]  Now I'm getting them pretty often. Okay, so the J.P. he sent me a notice of hearing, but
[12:07.580 --> 12:15.620]  she sent it post facto. So I'm wondering, can I go to small claims court and sue her
[12:15.620 --> 12:23.460]  for due process violation? No. You're saying that she sent it just regular
[12:23.460 --> 12:29.500]  mail and not certified or something? She sent it regular mail. It got to me in three
[12:29.500 --> 12:36.820]  days and it told me that I have a hearing coming up three days before I got the notice.
[12:36.820 --> 12:40.180]  So would she send it the same day I was supposed to be there?
[12:40.180 --> 12:50.660]  Oh. Oh, yeah. Okay, hold on. I'm not going to answer this. And Brett's not going to
[12:50.660 --> 12:58.140]  answer this. I'm going to get somebody else to answer this. Adam, are you there?
[12:58.140 --> 13:08.740]  Hello. Hello, Adam. Have you been listening? Yeah, I've been listening. I jumped on about
[13:08.740 --> 13:15.500]  10 minutes ago. What was the question? Okay, ask that again, Ralph.
[13:15.500 --> 13:22.980]  Okay, I received notice from J.P. court saying that I was due in court for a hearing and
[13:22.980 --> 13:29.220]  the notice was sent to me the same day that I was still here in court. So I got it three
[13:29.220 --> 13:33.980]  days after I was supposed to be there. Yeah, that's...
[13:33.980 --> 13:41.340]  You're looking at the postmark on the stamp and everything. So that's...
[13:41.340 --> 13:42.340]  Yeah, that's...
[13:42.340 --> 13:45.100]  I'm going, how can I be there three days ago?
[13:45.100 --> 13:47.820]  That seems to be on the surface.
[13:47.820 --> 13:55.500]  Oh, yeah, you're exactly right. That's improper service. I believe they have either seven
[13:55.500 --> 13:59.860]  or 10 days to give you notice of any hearing part.
[13:59.860 --> 14:07.940]  Yeah, I don't have that paper in front of me, but it's 10 days. It's... Oh, gosh, I wish
[14:07.940 --> 14:15.460]  I had that one in front of me. Yeah, it says that anyone that's not represented by counsel
[14:15.460 --> 14:20.860]  and anyone that is represented by counsel, I cannot remember the rule number. But yeah,
[14:20.860 --> 14:25.140]  and I'm going, well, wait a minute, this cannot apply to me in any manner, way, shape, or form
[14:25.140 --> 14:31.980]  because I'm not a defendant. I haven't been charged with a crime.
[14:31.980 --> 14:32.980]  That's what I'm saying.
[14:32.980 --> 14:33.980]  That's what I'm saying.
[14:33.980 --> 14:34.980]  Second...
[14:34.980 --> 14:35.980]  That's what I'm saying.
[14:35.980 --> 14:36.980]  Second...
[14:36.980 --> 14:40.580]  Okay, but is that a due process violation, Adam?
[14:40.580 --> 14:46.540]  I would believe so, yes, a due process violation because you have the right to notice a hearing.
[14:46.540 --> 14:52.940]  Okay, so what would you think of me going to Small Claims Court and suing the judge
[14:52.940 --> 14:57.340]  for $6,000 for due process violation?
[14:57.340 --> 15:04.580]  More power to you. More power to you. Can I help?
[15:04.580 --> 15:16.620]  Yes, that's why I brought Adam in. Adam has been kicking behind. But a due process violation,
[15:16.620 --> 15:25.780]  the judge is going to claim that he has immunity. And you're going to claim that the judge has
[15:25.780 --> 15:35.020]  no immunity from criminal acts because criminal acts do not fall within the scope of his judicial
[15:35.020 --> 15:43.660]  authority. Let him argue against it. And what I suggest to you, Ralph, is file criminal
[15:43.660 --> 15:53.900]  charges against the judge for official oppression with a grand jury or with a prosecuting attorney.
[15:53.900 --> 15:59.340]  The way I do that is I send it to the Foreman of the Grand Jury. You don't need to know
[15:59.340 --> 16:08.060]  his name, just Foreign of the Grand Jury at the district attorney's office. And the district
[16:08.060 --> 16:15.420]  attorney is going to get it almost every time he's not going to give it to the grand jury.
[16:15.420 --> 16:22.380]  So you put a cover letter on the top of it asking the Foreman to initial this document
[16:22.380 --> 16:27.460]  and send it back to you in this stamp self addressed envelope so that you can be sure
[16:27.460 --> 16:34.620]  he actually received it. But don't sign it because prosecuting attorneys tend to have
[16:34.620 --> 16:39.260]  rubber stamps with your name on it. And we want to make sure the prosecutor doesn't rubber
[16:39.260 --> 16:46.340]  stamp it and then hide this from you. Hang on, about to go to break. Randy Kelton, Brett
[16:46.340 --> 16:53.660]  Fountain, with our co-co-host Adam from Texas, we'll be right back.
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[19:24.420 --> 19:53.260]  Okay, we are back.
[19:53.260 --> 20:16.180]  We're back.
[20:16.180 --> 20:27.780]  judge would be liable for criminally. Sure. Ralph, you were mentioning that the judge
[20:27.780 --> 20:32.940]  gave you notice of the hearing and that the notice was postmarked on the day you were
[20:32.940 --> 20:40.900]  actually supposed to be there and you got three days later. Normally, when Randy's talking
[20:40.900 --> 20:51.180]  about 3903 official oppression, it goes to subsection A, subsection 2. So, A2 talks
[20:51.180 --> 21:00.660]  about when they deny you in a right and are the exerciser enjoying that of the right.
[21:00.660 --> 21:08.580]  This one is A1. This is when he intentionally subjects you to mistreatment or arrest or
[21:08.580 --> 21:15.900]  detention, search, seizure, dispossession, assessment or lien that he knows is unlawful.
[21:15.900 --> 21:20.940]  So, that's A1 and he did that by putting you in a position of not being able to make
[21:20.940 --> 21:28.340]  your hearing and getting a failure to appear and whatever. Actually, it's A1 and A2 because
[21:28.340 --> 21:34.500]  you had a right to that notice. So, in this particular case, he got two counts of official
[21:34.500 --> 21:40.340]  oppression. Just to bring that out for you.
[21:40.340 --> 21:48.580]  And now the judge is going to have to show how the judge has immunity from the consequences
[21:48.580 --> 21:58.300]  of the violation of the criminal law. And we have a great case out of El Paso, Texas.
[21:58.300 --> 22:07.660]  A police officer is sued and he claimed that he had official immunity. He had picked up
[22:07.660 --> 22:14.940]  some 19-year-old girl at one jail and was transporting her to another jail and decided
[22:14.940 --> 22:25.540]  to have himself a little recreation on the way and stopped and raped her. And the officer
[22:25.540 --> 22:31.980]  was sued and the officer claimed immunity because he was acting within scope. And the
[22:31.980 --> 22:51.220]  court ruled that rape was not within scope. Criminal acts do not fall within scope. So,
[22:51.220 --> 22:58.180]  when you go after a judge, they're the hardest ones to get to. You go after them for criminal
[22:58.180 --> 23:06.740]  violation and the due process harm that results from the criminal violation of the law.
[23:06.740 --> 23:26.860]  I'll make it short. The district judge appointed counsel in the JP court for me years ago.
[23:26.860 --> 23:32.780]  And I told Tony I was bar-grieving him for not doing what he told me he would do. He
[23:32.780 --> 23:38.660]  goes to the district judge and tries to pass a motion to withdraw. And the district judge
[23:38.660 --> 23:45.660]  allows it. And I said, judge, this man is hired to represent me in JP court, not in
[23:45.660 --> 23:52.900]  district court. And the pending felony was no-build, but at that time it hadn't even
[23:52.900 --> 24:02.620]  been brought to the grand jury. So, he lets the attorney withdraw. So, I sued him for
[24:02.620 --> 24:06.860]  acting without jurisdiction. And so, what they're claiming in their defense now, it's
[24:06.860 --> 24:11.260]  moved a couple of times. First, they said, well, there's no clear indication that he
[24:11.260 --> 24:16.340]  was actually hired to represent you in the JP court when I have paper that specifically
[24:16.340 --> 24:22.260]  says that that's exactly what the attorney was hired to do, represent me in JP court.
[24:22.260 --> 24:26.100]  So, now they're saying that the judge made a mistake.
[24:26.100 --> 24:36.940]  Did you ask for findings of fact and conclusions at law for that ruling?
[24:36.940 --> 24:40.060]  No. It's in civil court.
[24:40.060 --> 24:47.740]  Do so. Do so. You have to. In order to perfect your right to appeal, you have to request
[24:47.740 --> 24:54.660]  findings of fact and conclusions at law. Tim, in his case, the judge ruled against him.
[24:54.660 --> 25:01.460]  We requested findings of fact and conclusions at law. Rule 297 says that the judge shall
[25:01.460 --> 25:11.860]  produce findings of fact and conclusions of law at law within 20 days. If he fails to
[25:11.860 --> 25:20.220]  do so, you can file a notice of late filing, and the judge has 10 more days. So, on the
[25:20.220 --> 25:22.100]  21st day...
[25:22.100 --> 25:25.100]  Yes, 20 more.
[25:25.100 --> 25:26.740]  Can you see that again?
[25:26.740 --> 25:29.860]  He gets 20 more when you do the notice of past due.
[25:29.860 --> 25:38.220]  Oh, OK. OK. OK. I thought it was 10 more. OK. But it says he shall produce them within
[25:38.220 --> 25:47.500]  20 days. He does not say he may, might, or can if he wants to. So, I go back to 3903.
[25:47.500 --> 25:55.180]  If a public official fails to perform a duty, he is required to perform, and in the process
[25:55.180 --> 26:00.500]  now you'd pull free access to enjoyment of right. So, he is required to produce it in
[26:00.500 --> 26:07.580]  20 days. Granted, you still have an opportunity to force him to do it, but that doesn't mean
[26:07.580 --> 26:18.020]  he didn't violate them all already. So, we filed a petition for oppression against him
[26:18.020 --> 26:22.060]  with the grand jury. Oh, I bet the judge didn't see that coming.
[26:22.060 --> 26:30.140]  Right. And you can also, you can reference the Code of Criminal Procedure 3.04 that defines
[26:30.140 --> 26:35.540]  that official misconduct means an offense. That's an intentional knowing violation of
[26:35.540 --> 26:41.660]  law committed by a public servant while acting in the official capacity as a public servant.
[26:41.660 --> 26:50.580]  Just reference that along with your 3903. Yeah. OK. For Texas law, the reason Brett
[26:50.580 --> 26:58.540]  and I keep saying official oppression as opposed to official misconduct, because Texas law,
[26:58.540 --> 27:06.700]  unlike most other states, separate those two. In most states, official misconduct covers
[27:06.700 --> 27:13.660]  all misconduct by a public official. But in Texas, official misconduct goes to misuse
[27:13.660 --> 27:23.540]  of public funds or public equipment or utilities or something. The official misconduct that
[27:23.540 --> 27:31.460]  goes to the denial of rights falls under official oppression. Texas is the only state I've
[27:31.460 --> 27:38.140]  seen that has the official oppression statute. Everybody else just lumps them all into official
[27:38.140 --> 27:43.740]  misconduct. That's my story and I'm sticking to it.
[27:43.740 --> 27:54.860]  It's a burning story, man. If we seem detailed and pedantic here, I think of all the things
[27:54.860 --> 28:02.060]  we do on this show. This is the most important for everybody to understand in detail, because
[28:02.060 --> 28:08.940]  this is where you can kick their beards. OK. Go ahead, Ralph.
[28:08.940 --> 28:15.700]  I was asking if Adam is in what part of Texas? I'm in East Texas. I was asking what part
[28:15.700 --> 28:24.860]  of Texas Adam was in. I'm in South Texas. South Texas, OK. It may not be for you, but
[28:24.860 --> 28:32.020]  Ralph, I don't know what's going on. Ralph, Ralph, you're over there near where Jesus
[28:32.020 --> 28:39.020]  is from. Most people don't know that Jesus is from East Texas.
[28:39.020 --> 28:44.020]  Well, I know something. Just out of Tyler, Palestine.
[28:44.020 --> 28:52.020]  Yeah, yeah. OK. Well, I'm further south than that, but yeah, that's it. Josh Country.
[28:52.020 --> 28:57.020]  OK. Never mind Texas humor.
[28:57.020 --> 29:11.020]  OK. Ralph, where are we with yours? We kind of got off in different directions.
[29:11.020 --> 29:19.020]  OK. Well, I was just going to say that I copied article 1.051, Lights of Representation by
[29:19.020 --> 29:27.020]  Council, and I'm going to read pertinent part, just run through it real quick, because this might help people.
[29:27.020 --> 29:33.020]  Now, I made this little paper to carry with me in case there's a bench warrant and I get arrested.
[29:33.020 --> 29:42.020]  So article 1.051 is, if a non-indigent defendant appears without counsel at a proceeding after
[29:42.020 --> 29:48.020]  having been given a reasonable opportunity to retain counsel, the court on 10 days notice
[29:48.020 --> 29:53.020]  that the defendant of a dispossessed setting may proceed with the matter without securing
[29:53.020 --> 29:58.020]  a written waiver or appointing counsel. Now, here's how I'm responding to that.
[29:58.020 --> 30:03.020]  If a non-indigent defendant...
[30:03.020 --> 30:10.020]  Keep your voice down. The government now has Russian technology that matches identities to voices
[30:10.020 --> 30:17.020]  so it can tell who's doing the talking. I'm Dr. Cameron Albright. Back to tell you how it works after this.
[30:17.020 --> 30:22.020]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[30:22.020 --> 30:27.020]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:27.020 --> 30:35.020]  So protect your rights. Say no to surveillance and keep your information to yourself. Privacy, it's worth hanging on to.
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[31:12.020 --> 31:18.020]  How long does it take for a match? Three seconds. So watch what you say on the phone, comrades.
[31:18.020 --> 31:22.020]  Whether you say your name or not, Big Brother may know who's talking.
[31:22.020 --> 31:31.020]  I'm Dr. Cameron Albright for StartPage.com, the world's most private search engine.
[31:31.020 --> 31:35.020]  I lost my son. My uncle. My uncle. On September 11, 2001.
[31:35.020 --> 31:39.020]  Most people don't know that a third tower fell on September 11.
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[31:43.020 --> 31:47.020]  Although the official explanation is that fire brought down building 7,
[31:47.020 --> 31:51.020]  over 1,200 architects and engineers have looked into the evidence,
[31:51.020 --> 31:53.020]  and believe there is more to the story.
[31:53.020 --> 31:56.020]  Bring justice to my son, my uncle, my nephew, my son.
[31:56.020 --> 31:58.020]  Go to building what.org.
[31:58.020 --> 32:01.020]  Why it fell, why it matters, is what you can do.
[32:01.020 --> 32:06.020]  Logos Radio Network welcomes a new show to our lineup for the new year.
[32:06.020 --> 32:12.020]  Scripture Talk with Nana will begin Wednesday, January 8, from 8 to 10 p.m. Central Time.
[32:12.020 --> 32:15.020]  Our goal is in accord with Matthew 5.16.
[32:15.020 --> 32:19.020]  Let your light so shine before men that they may see your good works
[32:19.020 --> 32:22.020]  and glorify your Father which is in heaven.
[32:22.020 --> 32:27.020]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:27.020 --> 32:30.020]  Join Nana and guests for both verse by verse Bible studies
[32:30.020 --> 32:35.020]  and topical Bible studies designed to provoke unto love and good works.
[32:35.020 --> 32:39.020]  Our verse by verse Bible studies will begin in the book of Matthew
[32:39.020 --> 32:42.020]  where we will discuss one chapter per week.
[32:42.020 --> 32:46.020]  Our topical Bible studies will vary each week and will explore sound doctrine
[32:46.020 --> 32:49.020]  as well as Christian character development.
[32:49.020 --> 32:54.020]  So mark your calendar and join us live on LogosRadioNetwork.com
[32:54.020 --> 32:57.020]  Wednesdays from 8 to 10 p.m. starting January 8
[32:57.020 --> 33:07.020]  for an inspiring and motivating discussion of the Scriptures.
[33:27.020 --> 33:32.020]  Let your light so shine before men that they may see your good works
[33:32.020 --> 33:37.020]  and glorify your Father which is in heaven.
[33:37.020 --> 34:01.020]  Okay, we are back.
[34:01.020 --> 34:08.020]  Randy Kelton, Brett Fountain, rule of law radio.
[34:08.020 --> 34:12.020]  And we lost Ralph.
[34:12.020 --> 34:14.020]  He seems to have dropped off.
[34:14.020 --> 34:17.020]  Maybe the battery on his phone ran out.
[34:17.020 --> 34:20.020]  So we're talking to Adam.
[34:20.020 --> 34:26.020]  But before we go there, Ralph was talking about 105.1.
[34:26.020 --> 34:28.020]  1.051.
[34:28.020 --> 34:33.020]  And Brett, will you read that one portion for us?
[34:33.020 --> 34:35.020]  Sure, it's really long.
[34:35.020 --> 34:38.020]  But the part he was talking about is in subsection E.
[34:38.020 --> 34:45.020]  And it says that if a non-indigent defendant appears without counsel
[34:45.020 --> 34:51.020]  at a proceeding after having been given a reasonable opportunity to retain counsel,
[34:51.020 --> 34:57.020]  the court on 10 days notice to the defendant of a dispositive setting
[34:57.020 --> 35:05.020]  may proceed with the matter without securing a written waiver or appointing counsel.
[35:05.020 --> 35:11.020]  Okay, did you say in a dispositive proceeding?
[35:11.020 --> 35:17.020]  If the court is going to have a dispositive setting
[35:17.020 --> 35:22.020]  and they've given 10 days notice to the defendant of a dispositive setting,
[35:22.020 --> 35:26.020]  they can proceed with it with 10 days notice
[35:26.020 --> 35:30.020]  even if he doesn't have counsel.
[35:30.020 --> 35:38.020]  And he's been given reasonable opportunity to retain counsel.
[35:38.020 --> 35:41.020]  I don't know exactly what he was going to go to about that.
[35:41.020 --> 35:44.020]  He was about to tell us before he just, just before he dropped off.
[35:44.020 --> 35:49.020]  He was about to tell us his take on that.
[35:49.020 --> 35:51.020]  Where he was so, amen.
[35:51.020 --> 35:56.020]  Okay, we went, we went here to give him time to call back in,
[35:56.020 --> 36:00.020]  but maybe his phone must have ran out of juice or something.
[36:00.020 --> 36:02.020]  So he hasn't been able to come back in.
[36:02.020 --> 36:06.020]  So we're going to go on to Adam.
[36:06.020 --> 36:10.020]  If he calls back in, we'll address, finish addressing that.
[36:10.020 --> 36:13.020]  Adam, we'll have to hear from you.
[36:13.020 --> 36:19.020]  What is going on in your case?
[36:19.020 --> 36:26.020]  Well, first I wanted to relay to Ralph that, you know, you're correct.
[36:26.020 --> 36:30.020]  He needs to get this official oppression charge on this judge to the grand jury
[36:30.020 --> 36:32.020]  as soon as possible.
[36:32.020 --> 36:36.020]  And you said, you know, it doesn't matter if he knows who the foreman is or not,
[36:36.020 --> 36:40.020]  but there is a way to find out who the foreman is
[36:40.020 --> 36:43.020]  and whoever member of the grand jury is.
[36:43.020 --> 36:56.020]  And I wanted to tell Ralph, in Texas, it's Attorney General Opinion OR2015-23428.
[36:56.020 --> 37:00.020]  If you go read that, Attorney General Opinion.
[37:00.020 --> 37:02.020]  Okay, hold on Ralph.
[37:02.020 --> 37:10.020]  OR2015-2348.
[37:10.020 --> 37:13.020]  2-3-4-2-8.
[37:13.020 --> 37:14.020]  4-2-8.
[37:14.020 --> 37:16.020]  2-3-4-2-8.
[37:16.020 --> 37:17.020]  Okay, good.
[37:17.020 --> 37:18.020]  Thank you.
[37:18.020 --> 37:20.020]  Okay, go ahead.
[37:20.020 --> 37:27.020]  In that Attorney General Opinion, it's clear today that you can do a public information request
[37:27.020 --> 37:30.020]  to the district attorneys.
[37:30.020 --> 37:32.020]  And that's what I've been doing this last week.
[37:32.020 --> 37:36.020]  I've done five of them to five different DAs in five different counties.
[37:36.020 --> 37:46.020]  But what it basically says is that the district attorney's office must release the names,
[37:46.020 --> 37:56.020]  the gender, the race, the number of jurors of the grand jury in that county that don't have an option.
[37:56.020 --> 38:04.020]  So if Mr. Ralph is going to take this official oppression charge on this judge,
[38:04.020 --> 38:09.020]  the grand jury, he might as well get the names of the 2020 grand jury members.
[38:09.020 --> 38:11.020]  And he can get that from the DA.
[38:11.020 --> 38:20.020]  And if the DA, like any other public information request, doesn't respond within 10 business days
[38:20.020 --> 38:28.020]  with either a, you know, a letter to the Attorney General for an exception or hand over the information,
[38:28.020 --> 38:33.020]  then Ralph can just walk in there to his local grand jury and not only have the official oppression charge
[38:33.020 --> 38:39.020]  on the judge, but also have an official misconduct criminal charge on the district attorney
[38:39.020 --> 38:42.020]  for failing to respond to the public information request.
[38:42.020 --> 38:44.020]  So...
[38:44.020 --> 38:47.020]  Oh, that is wonderful.
[38:47.020 --> 38:50.020]  Because I didn't...
[38:50.020 --> 38:54.020]  Just so everybody knows, I didn't know about that.
[38:54.020 --> 38:58.020]  That's what I got Adam for.
[38:58.020 --> 39:00.020]  This is great.
[39:00.020 --> 39:03.020]  I had never come across that one.
[39:03.020 --> 39:09.020]  Is that that same one that has the talks about the no-bills?
[39:09.020 --> 39:12.020]  No, no, it doesn't have anything to do with...
[39:12.020 --> 39:16.020]  Well, it mentions the grand jury minutes also.
[39:16.020 --> 39:18.020]  Yeah, exactly.
[39:18.020 --> 39:27.020]  But I'm still confused about exactly the content of the applicable grand jury minutes that's supposed to be handed over.
[39:27.020 --> 39:30.020]  Okay, let me address that.
[39:30.020 --> 39:35.020]  I think it's 20.21.
[39:35.020 --> 39:38.020]  It says that the...
[39:38.020 --> 39:43.020]  After the grand jury has voted, I think it's 20...
[39:43.020 --> 39:51.020]  20 addresses the grand jury meeting in Quorum and voting to True Bill and No Bill.
[39:51.020 --> 40:04.020]  The grand jury shall come before the court with a quorum of the grand jury present and give notice to the court of all True Bills.
[40:04.020 --> 40:07.020]  It only references True Bills.
[40:07.020 --> 40:17.020]  And the clerk shall make notes in the minutes of the court.
[40:17.020 --> 40:26.020]  So this is kind of a problem. That's how the indictment gets noticed to the court.
[40:26.020 --> 40:29.020]  But then 2022 says...
[40:29.020 --> 40:44.020]  I don't have it exactly quoted in my head, but it essentially says that the clerk cannot put the minute note in the minutes of the court if the person has not been arrested.
[40:44.020 --> 40:59.020]  The clerk will generate a capious warrant, and once the person is arrested, then the clerk can put the notice of the True Bill in the minutes of the court.
[40:59.020 --> 41:08.020]  So this is how the indictment actually gets transmitted to the court.
[41:08.020 --> 41:30.020]  In Cleveland, Texas, Johnson County, I was in the courtroom when the grand jury came in to give notice to the clerk to read the True Bills and No Bills.
[41:30.020 --> 41:39.020]  And when they were finished, the judge asked the foreman if they had any further business, and the foreman said, No, Your Honor, we do not.
[41:39.020 --> 41:53.020]  And the judge started to dismiss the proceedings, and I stood up and said, Your Honor, I have business with this grand jury.
[41:53.020 --> 41:55.020]  You should have been there.
[41:55.020 --> 41:59.020]  Oh, it was wonderful.
[41:59.020 --> 42:04.020]  The judge said, Well, who are you?
[42:04.020 --> 42:06.020]  And I told him my name's Rick Kelton.
[42:06.020 --> 42:09.020]  And what business do you have with this court, with this grand jury?
[42:09.020 --> 42:17.020]  I could have told him I have business with this grand jury, and it's none of yours, but I had plans for him.
[42:17.020 --> 42:24.020]  I said, Well, Your Honor, I have criminal charges against public officials to present to this grand jury.
[42:24.020 --> 42:32.020]  And what officials are those, and sitting right in front of me is the district attorney and the assistant district attorney.
[42:32.020 --> 42:36.020]  I said, and they're both squirming because they know why I'm there.
[42:36.020 --> 42:46.020]  I said, Well, I have criminal complaints against the district attorney here and the assistant district attorney and you judge.
[42:46.020 --> 42:54.020]  Oh, the look on the judge's face was absolutely priceless.
[42:54.020 --> 42:58.020]  I just bushwhacked him in front of his own grand jury.
[42:58.020 --> 43:04.020]  I won't waste any more time with that story, but these are the kind of things that we can do.
[43:04.020 --> 43:14.020]  And that's how this 2021 works, what the minutes are, and every court is supposed to keep them.
[43:14.020 --> 43:16.020]  Some of them tell me that they don't.
[43:16.020 --> 43:20.020]  Boston does, you can get them.
[43:20.020 --> 43:26.020]  Hang on, I've ran my mouth too much and ran us out of this segment.
[43:26.020 --> 43:28.020]  We'll be right back.
[43:28.020 --> 43:32.020]  This is Randy Kelton, Brett Fountain, Rueville Radio.
[43:32.020 --> 43:36.020]  I'll call in number 512-646-1984.
[43:36.020 --> 43:40.020]  Ralph, if you get your phone working, call us back.
[43:40.020 --> 43:44.020]  We have a couple more segments.
[43:44.020 --> 43:49.020]  Let's see, we've got another hour and 15 minutes and we have some space on the board.
[43:49.020 --> 43:52.020]  So if you have a question, we'll be able to take you.
[43:52.020 --> 44:00.020]  Hang on, we'll be right back.
[44:00.020 --> 44:05.020]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[44:46.020 --> 44:49.020]  or email Michaelmirris at yahoo.com.
[44:49.020 --> 44:57.020]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
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[46:22.020 --> 46:37.020]  Okay, we are back.
[46:37.020 --> 46:43.020]  Randy Kelton, Brett Fountain, rule of law radio, and we're talking to Ralph in...
[46:43.020 --> 46:49.020]  I'm sorry, we're talking to Adam in Texas, but Ralph is back on the line.
[46:49.020 --> 46:52.020]  Ralph, we'll get to you in just a moment.
[46:52.020 --> 46:54.020]  Okay.
[46:54.020 --> 47:03.020]  Adam, did we get the question about minutes of the grand jury answered?
[47:03.020 --> 47:04.020]  Yes.
[47:04.020 --> 47:06.020]  Yeah, I believe so.
[47:06.020 --> 47:11.020]  It was a little confusing, but I guess 20.01 would be the end.
[47:11.020 --> 47:16.020]  Let me address a problem I have with that statute.
[47:16.020 --> 47:26.020]  If you file a complaint with the grand jury, then the grand jury will hear the complaint,
[47:26.020 --> 47:36.020]  they will vote on the complaint, and then they'll come before the court and give notice of true bills.
[47:36.020 --> 47:42.020]  But they don't give notice of no bills or they're not required to.
[47:42.020 --> 47:51.020]  In Johnson County, in the case that I was mentioning earlier, they give notice of true bills and no bills.
[47:51.020 --> 47:54.020]  And I want to produce...
[47:54.020 --> 48:08.020]  I've got a white paper written up to get to the legislatures to ask them to require that the grand jury give notice of true bills and no bills.
[48:08.020 --> 48:18.020]  Because you can file a complaint with the grand jury, and the only thing you could find out is if there was a true bill.
[48:18.020 --> 48:27.020]  If there was no true bill, you have no idea if the complaint was accidentally heard by the grand jury.
[48:27.020 --> 48:28.020]  Right.
[48:28.020 --> 48:35.020]  So it prosecuted sort of in a trash, and you have no way of knowing, so that's one way to get that fixed.
[48:35.020 --> 48:38.020]  Okay, go ahead, Adam.
[48:38.020 --> 48:45.020]  Well, as Ralph's back on, I'll hand the mic over to Ralph so he can finish his...
[48:45.020 --> 48:49.020]  Okay, I'm going to keep your mic open.
[48:49.020 --> 48:50.020]  Adam.
[48:50.020 --> 48:52.020]  Okay, Ralph.
[48:52.020 --> 48:53.020]  Yes, sir.
[48:53.020 --> 48:55.020]  Good, you're back.
[48:55.020 --> 48:58.020]  I'm having battery problems, and I had to go find my charger.
[48:58.020 --> 48:59.020]  I appreciate it.
[48:59.020 --> 49:08.020]  I didn't want to take up too much time, I wasn't sure I was going to call back, but I would like to show what I've come up with on this 1051E.
[49:08.020 --> 49:16.020]  I take in the second sentence, and I've broken it down into six parts, and I'm carrying this with me just in case a bench warrant gets me.
[49:16.020 --> 49:20.020]  And I'm flat foot, so to speak, at least have something with me.
[49:20.020 --> 49:34.020]  So the second sentence goes like, this is the pertinent parts I'm addressing, it says, if a non-indigent defendant, okay, I cannot be a defendant because there is no charging instrument given to court jurisdiction.
[49:34.020 --> 49:41.020]  Now, I don't know how right this is, but I'm still, you know, still working on trying to understand all this, but anyway, that's the first part.
[49:41.020 --> 49:55.020]  The second part appears, okay, and I have a special appearance, but I have not appeared to answer the charges, but to challenge the jurisdiction of the court.
[49:55.020 --> 49:58.020]  So I haven't made an appearance, so what I'm saying is...
[49:58.020 --> 50:01.020]  Okay, wait, let me make sure I understand this right.
[50:01.020 --> 50:10.020]  You have filed a special appearance, and you have filed a challenge to subject matter for jurisdiction.
[50:10.020 --> 50:12.020]  Is that correct?
[50:12.020 --> 50:16.020]  Yes, sir.
[50:16.020 --> 50:26.020]  Okay, so this is how you're saying you haven't appeared, because now you stand at arm's length before the court.
[50:26.020 --> 50:27.020]  Okay.
[50:27.020 --> 50:35.020]  I'm sorry, at arm's length to the court, because there is a challenge to subject matter jurisdiction.
[50:35.020 --> 50:41.020]  So you have not appeared before the court at this point.
[50:41.020 --> 50:49.020]  You have come at arm's length to the court and required that they prove up jurisdiction.
[50:49.020 --> 50:58.020]  And for those who don't understand this part, when a complaint is filed, jurisdiction is presumed.
[50:58.020 --> 51:12.020]  Unless it is challenged, once challenged, it is the responsibility of the court, not the prosecution, but the court, to prove up jurisdiction.
[51:12.020 --> 51:15.020]  It is a threshold issue.
[51:15.020 --> 51:21.020]  The court cannot get to your special appearance.
[51:21.020 --> 51:32.020]  The special appearance is a challenge to the jurisdiction of the court over you as the person.
[51:32.020 --> 51:43.020]  You're not saying that the court does not have jurisdiction over the subject matter, just that the court doesn't have jurisdiction over me.
[51:43.020 --> 51:53.020]  You can't get to that one until the court has proved that it has jurisdiction over the subject matter.
[51:53.020 --> 51:54.020]  Okay.
[51:54.020 --> 51:56.020]  Does that make sense?
[51:56.020 --> 51:58.020]  Yes, sir.
[51:58.020 --> 52:09.020]  This second sentence, when I break it down into six parts, I'm showing that there's six parts to it, and every one of them show that this cannot apply to me.
[52:09.020 --> 52:14.020]  What I'm saying cannot apply to me is the court can't order me to attend.
[52:14.020 --> 52:22.020]  And also, let's see, I mean, it's everything in this second sentence.
[52:22.020 --> 52:30.020]  If a nonindigent defendant appears without counsel at a proceeding, well, I haven't appeared before any proceedings.
[52:30.020 --> 52:44.020]  I have to have appeared at a proceeding before the judge has jurisdiction or has whatever it is that she has to allow her to give me 10 days notice to appear for a dis-positive setting.
[52:44.020 --> 52:48.020]  And the notice did not say it was a dis-positive setting.
[52:48.020 --> 52:50.020]  Okay, hold on, hold on.
[52:50.020 --> 52:55.020]  Must appear before a proceeding.
[52:55.020 --> 53:09.020]  The magistrate, we're speaking to criminal here, when a person is accused of crime, the complaint is presented to some magistrate.
[53:09.020 --> 53:15.020]  The magistrate is then required to make a determination of probable cause.
[53:15.020 --> 53:26.020]  And then under 16.17, he's to issue an order as to whether or not probable cause was found.
[53:26.020 --> 53:40.020]  17.30 requires the magistrate to seal all documents, add in the hearing, cause his name to be written across the ceiling envelope and forward it to the clerk of the court of jurisdiction.
[53:40.020 --> 53:51.020]  That moves the original complaint must go to a magistrate and the magistrate must find probable cause.
[53:51.020 --> 54:00.020]  And then the magistrate will take that probable cause finding and file it with the clerk of the court of jurisdiction.
[54:00.020 --> 54:09.020]  The magistrate's determination, I'm sorry, the complaint itself gives the magistrate jurisdiction to hold an examining trial.
[54:09.020 --> 54:18.020]  A finding of probable cause transferred to the court moves jurisdiction to the court.
[54:18.020 --> 54:30.020]  And then the first hearing the court will have is an arraignment hearing for the purpose of determining the identity of the accused and taking a plea.
[54:30.020 --> 54:40.020]  The first hearing, the hearing that would have to have happened is an arraignment.
[54:40.020 --> 54:41.020]  Okay, a question.
[54:41.020 --> 54:43.020]  Okay.
[54:43.020 --> 54:48.020]  Are you talking about a person that is arrested and taken before a magistrate?
[54:48.020 --> 55:00.020]  Or are you talking about someone that was summoned by a trooper or whoever, you know, that citation issuing officer to appear before court?
[55:00.020 --> 55:02.020]  You know, there's two different procedures.
[55:02.020 --> 55:06.020]  In either case.
[55:06.020 --> 55:07.020]  Okay.
[55:07.020 --> 55:08.020]  Okay.
[55:08.020 --> 55:16.020]  Yeah, the first part only goes to how the person winds up before the magistrate.
[55:16.020 --> 55:30.020]  The policeman either arrests the person and brings them before a magistrate or they release the person on a promise to appear before a magistrate.
[55:30.020 --> 55:35.020]  So in either case, you have gotten before a magistrate.
[55:35.020 --> 55:42.020]  Once you're before the magistrate, then the same procedure follows with or without a warrant.
[55:42.020 --> 56:00.020]  If you're arrested on an existing warrant, that means that there was an ex parte examining trial in that an accuser went to a magistrate and made an accusation that a crime had been committed.
[56:00.020 --> 56:05.020]  And the judge, the magistrate found probable cause.
[56:05.020 --> 56:08.020]  But it was in an ex parte hearing.
[56:08.020 --> 56:13.020]  The accused never got opportunity to enter exculpatory evidence.
[56:13.020 --> 56:24.020]  So if you're arrested on a warrant, it also, the warrant will say, arrest this person and bring him before me.
[56:24.020 --> 56:31.020]  The reason it says that is, is I just held an ex parte examining trial.
[56:31.020 --> 56:51.020]  Once the person's arrested, now we hold another examining trial with both the accuser and the accused present so that the accused has an opportunity to show the judge why the testimony of the accuser is insufficient.
[56:51.020 --> 56:54.020]  Does that make sense, Ralph?
[56:54.020 --> 57:01.020]  Yes, it does, and it seems to supersede what I'm already working on.
[57:01.020 --> 57:06.020]  I'm going to have to go back and listen to it and try to comprehend it better.
[57:06.020 --> 57:10.020]  I'd like to email this as an attack.
[57:10.020 --> 57:12.020]  Oh, wait, wait, hold on.
[57:12.020 --> 57:14.020]  Wait, hold on.
[57:14.020 --> 57:23.020]  None of that really has to do with a challenge to subject matter jurisdiction.
[57:23.020 --> 57:25.020]  It doesn't have directly to do.
[57:25.020 --> 57:32.020]  It may be something the court can use to establish jurisdiction.
[57:32.020 --> 57:38.020]  And that's what those are the steps they would have to go through to establish jurisdiction.
[57:38.020 --> 57:45.020]  If you challenge jurisdiction, then jurisdiction is lost.
[57:45.020 --> 57:52.020]  And jurisdiction will not return until the court has proven jurisdiction.
[57:52.020 --> 57:58.020]  So you're not before the court until the court has proven jurisdiction.
[57:58.020 --> 58:07.020]  And that's why I say you add arms length to the court and you'll stay at arms length to the court until the court proves up jurisdiction.
[58:07.020 --> 58:09.020]  Does that make sense?
[58:09.020 --> 58:11.020]  Yes, yes.
[58:11.020 --> 58:23.020]  I'm going to ask you to relay an email to Adam tomorrow, but I want to say there's one last piece of this.
[58:23.020 --> 58:25.020]  Maybe Adam can get some pieces out of this through us.
[58:25.020 --> 58:27.020]  We're not going to break them.
[58:27.020 --> 58:29.020]  This all takes a second.
[58:29.020 --> 58:31.020]  Okay, hang on.
[58:31.020 --> 58:33.020]  We're about to go to break.
[58:33.020 --> 58:41.020]  Wait, wait, wait, wait, hold on, hold on. We'll be right back. This is Rarity Kelton, Brett Fountain, Will of Our Radio.
[58:41.020 --> 58:43.020]  I'm not going to give out the calling number.
[58:43.020 --> 58:50.020]  Callboard's full. Hang on. We'll be right back.
[58:50.020 --> 58:54.020]  Would you like to make more definite progress in your walk with God?
[58:54.020 --> 59:01.020]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
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[59:13.020 --> 59:18.020]  The free books are a three-volume set called Basic Elements of the Christian Life.
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[59:44.020 --> 59:49.020]  Or visit us online at bfa.org.
[59:49.020 --> 59:59.020]  You're listening to the Logos Radio Network at www.logosradionetwork.com.
[01:00:19.020 --> 01:00:46.020]  $55.63 a barrel, Brent Crude $62.47 a barrel, and Crypto is an order of market cap, Bitcoin Core $10,566.52, Ethereum $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[01:00:46.020 --> 01:01:00.020]  Today in History, the year 1916, the Preparedness Day bombing, a time suitcase bomb, was detonated on Market Street in San Francisco during the World War I Preparedness Day Parade, killing 10 and injuring 40.
[01:01:00.020 --> 01:01:04.020]  Today in History.
[01:01:04.020 --> 01:01:24.020]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hemp into Texas law back in June, county prosecutors around the state, including Houston, Austin, and San Antonio, have been dropping marijuana possession charges and even refusing to file new ones since they are stipulating that they do not have the time or the laboratory equipment to test the herb for THC.
[01:01:24.020 --> 01:01:33.020]  Margaret Moore, the Travis County District Attorney, announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[01:01:33.020 --> 01:01:48.020]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter to county district attorneys back on Thursday that marijuana has not been decriminalized in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works.
[01:01:48.020 --> 01:02:01.020]  As well as other cities too, like the district attorney in El Paso, Kyma Esparza, a Democrat who also stated earlier this month that the law, quote, will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:01.020 --> 01:02:13.020]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County, who stated that, quote, the law is constantly changing on what makes something illegal based on its chemical makeup.
[01:02:13.020 --> 01:02:22.020]  It's important that if someone is charged with something, the test matches what they're charged with.
[01:02:22.020 --> 01:02:39.020]  A paper by Tulane University identified a five and a half inch American pocket shark as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:39.020 --> 01:02:54.020]  According to the university paper, the shark secretes a luminous fluid from a gland near its front fins for the purpose it is hypothesized to lure and prey may be drawn into the glow.
[01:02:54.020 --> 01:03:01.020]  This is Brooke Rody with the Lowdown for July 22, 2019.
[01:03:01.020 --> 01:03:24.020]  Okay, we are back.
[01:03:24.020 --> 01:03:38.020]  Randy Kelton, Brett Fountain, rule of law radio here with Adam and Ralph. Okay, Ralph, you were going to 1.051.
[01:03:38.020 --> 01:03:58.020]  Yes, sir. This is what I think is the biggie part of what I'm doing, and it'd be nice to bounce it off of Adam and anybody else, but I'm going to finish it. The rule says, after having been given a reasonable opportunity to retain counsel,
[01:03:58.020 --> 01:04:10.020]  and I put down my response to that is that I won't know if I need counsel until I know what the nature of the charge is.
[01:04:10.020 --> 01:04:27.020]  So I think that stops them right there. I think that stops them in their tracks. So they're saying, well, we can give you notice of a hearing, but all these things have to be met first. They have to give me opportunity to retain counsel.
[01:04:27.020 --> 01:04:39.020]  How can I know if I need counsel until I know what the nature of the charge is? And that's why I keep going back to the prosecutor. The prosecutor isn't doing anything, and the judge is doing it all.
[01:04:39.020 --> 01:04:46.020]  And I caught what you said earlier, Randy. You know, I'm not really looking for silver bullet, but I guess it sounds like I am.
[01:04:46.020 --> 01:04:57.020]  I know we're going to have to just keep doing a lot of paperwork and pounding on them, but I really am strong to resent those prosecutors because they're sitting back and the judge is doing all the work.
[01:04:57.020 --> 01:05:04.020]  And the judge is just, you know, like, up here, or I'll put out a benchmark, you know, so, on and on.
[01:05:04.020 --> 01:05:09.020]  But that's all I had. I appreciate your opportunity to put that out there.
[01:05:09.020 --> 01:05:18.020]  Okay, thank you, Ralph. We're going to move along because we're getting close to the end of the show. We've still got a full board of callers.
[01:05:18.020 --> 01:05:32.020]  Okay, we're back to Adam. Did we get your first question about 2022 answered?
[01:05:32.020 --> 01:05:45.020]  Yes, sir. Yeah, yeah, I appreciate it. I'm going to keep digging into that. I'm working on right now. I'm working on tapping into these grand juries and also habeas corpus.
[01:05:45.020 --> 01:05:53.020]  Okay. Have you looked closely at 20.09?
[01:05:53.020 --> 01:06:01.020]  Yes. 20.09 is where any credible person can present the grand jury.
[01:06:01.020 --> 01:06:06.020]  Good. And a credible person is?
[01:06:06.020 --> 01:06:13.020]  Non-fellin. Me. Me and most of the people listening to this broadcast.
[01:06:13.020 --> 01:06:25.020]  Exactly. Non-fellin over 18 years old, by definition, is a credible person. I had a prosecutor tell me once that he didn't consider me credible.
[01:06:25.020 --> 01:06:32.020]  And I assured him I did not care what he considered. I was credible.
[01:06:32.020 --> 01:06:37.020]  He's not a credible person.
[01:06:37.020 --> 01:06:49.020]  He was using credible in the common language parlance. I was using credible in legalese.
[01:06:49.020 --> 01:06:54.020]  Okay. Anything else, Adam?
[01:06:54.020 --> 01:06:59.020]  No, sir. If there's a full call record, I'm going to hand it off.
[01:06:59.020 --> 01:07:05.020]  Okay. Thank you very much for calling in and staying in touch.
[01:07:05.020 --> 01:07:20.020]  Okay. Now we're going to go to Vanessa in California. Hello, Vanessa. What do you have for us today?
[01:07:20.020 --> 01:07:30.020]  Well, Vanessa, did we lose you? It looks like we lost Vanessa. This happens sometimes.
[01:07:30.020 --> 01:07:32.020]  It's not Vanessa, but...
[01:07:32.020 --> 01:07:33.020]  That's okay.
[01:07:33.020 --> 01:07:36.020]  Oh, there we... Okay, gotcha. Okay.
[01:07:36.020 --> 01:07:37.020]  Yeah.
[01:07:37.020 --> 01:07:41.020]  What do you have for us today?
[01:07:41.020 --> 01:07:44.020]  Okay. Is this Randy?
[01:07:44.020 --> 01:07:46.020]  Yes, ma'am, it is.
[01:07:46.020 --> 01:07:56.020]  Hi, Randy. This is Tamara. I sent you all my information the other night. Do you recall?
[01:07:56.020 --> 01:08:05.020]  I'm Tamara. This is one helpful...
[01:08:05.020 --> 01:08:07.020]  Pardon?
[01:08:07.020 --> 01:08:18.020]  Helpful? It's not one. I got an email from someone who is helpful something solutions.
[01:08:18.020 --> 01:08:19.020]  Yes.
[01:08:19.020 --> 01:08:21.020]  Their email... Okay, that was you?
[01:08:21.020 --> 01:08:23.020]  Yes.
[01:08:23.020 --> 01:08:28.020]  Okay. I did not have time to go through all of them.
[01:08:28.020 --> 01:08:29.020]  Okay.
[01:08:29.020 --> 01:08:35.020]  And it was a bit cryptic what I saw.
[01:08:35.020 --> 01:08:37.020]  We pray to...
[01:08:37.020 --> 01:08:42.020]  I didn't understand the context of that one at all.
[01:08:42.020 --> 01:08:49.020]  Can you briefly give us a synopsis of what your issue is?
[01:08:49.020 --> 01:08:59.020]  Okay. A year ago, I was approached by a gentleman who wanted me to help him get insurance on his vehicle
[01:08:59.020 --> 01:09:06.020]  because he had a DUI and he was going into jail and he wanted to get out on work really.
[01:09:06.020 --> 01:09:11.020]  So in order to get the interlock on his vehicle, he had to have insurance.
[01:09:11.020 --> 01:09:14.020]  But with the DUI on there, he couldn't afford it.
[01:09:14.020 --> 01:09:24.020]  So by getting the insurance in my name, he was able to get it at a reduction of over $500 a month.
[01:09:24.020 --> 01:09:35.020]  And in lieu of that, he was supposed to sign the title over to me right around the end of that six-month policy.
[01:09:35.020 --> 01:09:47.020]  And he reneged on that arrangement and called the police department and then I spoke with Officer.
[01:09:47.020 --> 01:09:59.020]  And the officer said, well, it's the civil matter and that he just advised me to proceed with trying to, you know, get it before the court
[01:09:59.020 --> 01:10:02.020]  to see if the court would force him to honor...
[01:10:02.020 --> 01:10:07.020]  Okay. Who had possession of the vehicle?
[01:10:07.020 --> 01:10:09.020]  Me.
[01:10:09.020 --> 01:10:15.020]  Okay. Did he voluntarily give you possession of the vehicle?
[01:10:15.020 --> 01:10:18.020]  Yes.
[01:10:18.020 --> 01:10:27.020]  Okay. And from what I remember reading through this stuff, is were you subsequently accused of stealing the vehicle?
[01:10:27.020 --> 01:10:38.020]  Well, yeah, when he began reneging on his deal and demanded the vehicle back on May 9th,
[01:10:38.020 --> 01:10:52.020]  then I got a call from the officer on May 12th and I went to Colorado Legal Services and they couldn't help because it was a civil matter.
[01:10:52.020 --> 01:11:02.020]  So then I tried to figure out how to file a small claim to court but couldn't because I didn't have an address for the gentleman who owns the vehicle.
[01:11:02.020 --> 01:11:09.020]  And so then I was driving the vehicle...
[01:11:09.020 --> 01:11:12.020]  Wait, wait, wait. Oh, go ahead. I'm sorry. You were driving the vehicle?
[01:11:12.020 --> 01:11:19.020]  It had many different problems and, you know, when you open up your car door and you stick to community buses,
[01:11:19.020 --> 01:11:25.020]  well, it started buzzing continuously so I had to pull over on the side of the road
[01:11:25.020 --> 01:11:31.020]  and I called the gentleman to come and help me see if there was a way to disconnect it so I could continue driving.
[01:11:31.020 --> 01:11:34.020]  And I was waiting for that gentleman to show up.
[01:11:34.020 --> 01:11:42.020]  An officer pulled up behind me, I guess, with his knee and ended up telling me that the vehicle had been reported stolen.
[01:11:42.020 --> 01:11:53.020]  I explained the entire story to him and he too called it a civil matter when I showed him my insurance papers with my name on the insurance for the vehicle.
[01:11:53.020 --> 01:12:01.020]  Well, something that I asked him to please call that officer that I originally spoke to on May 12th.
[01:12:01.020 --> 01:12:11.020]  And he apparently did and the decision was made to just let them go ahead and pull it and I would just be done with it.
[01:12:11.020 --> 01:12:21.020]  I lose out on making him liable to our agreement and to get the proceeds back out of the vehicle that I put in and keep it running.
[01:12:21.020 --> 01:12:31.020]  So then apparently, I've just recently learned, two days after that, so that was on June 6th when the vehicle was taken out of my possession,
[01:12:31.020 --> 01:12:37.020]  put into police compound or throw it away by the police and so there, whatever.
[01:12:37.020 --> 01:12:43.020]  And then two days later, they apparently filed an arrest warrant.
[01:12:43.020 --> 01:12:56.020]  So then when I was stopped for another traffic matter with a different vehicle on January 7th, I was arrested for autopsy of a vehicle that was a civil matter,
[01:12:56.020 --> 01:13:06.020]  now turned somehow into a criminal matter six months after I had, you know, no longer had it in my possession.
[01:13:06.020 --> 01:13:07.020]  Whoa.
[01:13:07.020 --> 01:13:09.020]  Yeah.
[01:13:09.020 --> 01:13:19.020]  And now I have to go to court, the bond out with $150 and I have to be at court on the 28th.
[01:13:19.020 --> 01:13:20.020]  Okay.
[01:13:20.020 --> 01:13:24.020]  What does the complaint say?
[01:13:24.020 --> 01:13:27.020]  I sent you, well, I don't know.
[01:13:27.020 --> 01:13:31.020]  All I know is I've got an appearance, a bond appearance.
[01:13:31.020 --> 01:13:37.020]  Okay, go to the court and get a copy of the complaint.
[01:13:37.020 --> 01:13:41.020]  Okay.
[01:13:41.020 --> 01:13:54.020]  Do you have anyone who can collaborate the fact that the car was voluntarily put in your possession?
[01:13:54.020 --> 01:13:58.020]  Voluntarily put into my possession.
[01:13:58.020 --> 01:14:07.020]  That the guy who owned the car gave you possession of the car.
[01:14:07.020 --> 01:14:09.020]  Here's how it works.
[01:14:09.020 --> 01:14:17.020]  If you come over and say, I need a car for a day or so, can I borrow one of your cars?
[01:14:17.020 --> 01:14:19.020]  And I say, sure.
[01:14:19.020 --> 01:14:22.020]  I just bring it back here when you're done.
[01:14:22.020 --> 01:14:26.020]  And you take the car and you never bring it back.
[01:14:26.020 --> 01:14:28.020]  No, no.
[01:14:28.020 --> 01:14:30.020]  That's not the case.
[01:14:30.020 --> 01:14:32.020]  It's not a civil.
[01:14:32.020 --> 01:14:48.020]  Point is, if I allowed the vehicle to come into your possession voluntarily, and even if we have an agreement that you bring it back, makes no difference.
[01:14:48.020 --> 01:14:58.020]  If the civil is not criminal, so is he accusing you of stealing the car from him or accusing you of not returning it to him when you wanted it?
[01:14:58.020 --> 01:15:00.020]  I don't know.
[01:15:00.020 --> 01:15:03.020]  I don't have a clue as to what's going on.
[01:15:03.020 --> 01:15:06.020]  Okay, you need to read the complaint.
[01:15:06.020 --> 01:15:09.020]  You need to see what you're charged with.
[01:15:09.020 --> 01:15:25.020]  Well, it says right here that it's the fugitives of Justice, Heather, J.U., charged literal ABG motor vehicle theft.
[01:15:25.020 --> 01:15:26.020]  Wait a minute.
[01:15:26.020 --> 01:15:28.020]  Hold on, hold on, hold on.
[01:15:28.020 --> 01:15:30.020]  You're moving the mic around to something.
[01:15:30.020 --> 01:15:32.020]  I can't understand you.
[01:15:32.020 --> 01:15:34.020]  Can you do that again?
[01:15:34.020 --> 01:15:45.020]  Fugitives of Justice, Heather, J.U., charged literal ABG motor vehicle theft.
[01:15:45.020 --> 01:15:47.020]  Now, that's just one of the reports.
[01:15:47.020 --> 01:15:51.020]  There's a criminal complaint.
[01:15:51.020 --> 01:15:53.020]  Someone had to file a criminal complaint.
[01:15:53.020 --> 01:15:55.020]  You need to see what it says.
[01:15:55.020 --> 01:16:10.020]  There's probably a voluntary statement attached to the complaint where they accused ledges of crime against you, and it must allege that you stole the car from him.
[01:16:10.020 --> 01:16:18.020]  If it alleges that he let you use it for some purpose and then you didn't return it, that's not theft.
[01:16:18.020 --> 01:16:29.020]  So we really can't address this until we know what the complaint actually says.
[01:16:29.020 --> 01:16:37.020]  Okay, and I do that by just going up to the courthouse and asking for the criminal complaint.
[01:16:37.020 --> 01:16:38.020]  Yeah, yeah.
[01:16:38.020 --> 01:16:43.020]  Ask them to see the court file.
[01:16:43.020 --> 01:16:47.020]  Then look through the file and see if there is a complaint in there.
[01:16:47.020 --> 01:16:56.020]  Okay, when I spoke with the lawyer, he looked up the file, court file number, and he didn't even exist.
[01:16:56.020 --> 01:17:00.020]  And he looked up the...
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[01:18:38.020 --> 01:18:43.020]  Now, when you order anything from Amazon, you use that link and Logos gets a few pesos.
[01:18:43.020 --> 01:18:44.020]  Do I pay extra?
[01:18:44.020 --> 01:18:45.020]  No.
[01:18:45.020 --> 01:18:47.020]  Do you have to do anything different when I order?
[01:18:47.020 --> 01:18:48.020]  No.
[01:18:48.020 --> 01:18:49.020]  Can I use my Amazon Prime?
[01:18:49.020 --> 01:18:50.020]  No.
[01:18:50.020 --> 01:18:51.020]  I mean, yes.
[01:18:51.020 --> 01:18:57.020]  Wow. Giving without doing anything or spending any money. This is perfect. Thank you so much.
[01:18:57.020 --> 01:18:58.020]  We are welcome.
[01:18:58.020 --> 01:19:00.020]  Happy Holidays Logos.
[01:19:00.020 --> 01:19:15.020]  Logos. Logos. Logos. Radio. Network.
[01:19:30.020 --> 01:19:51.020]  Okay, we are back. Randy Kelton, Brett Fountain, Rula La Radio on this, the 17th day of January,
[01:19:51.020 --> 01:20:02.020]  2020 and we're talking to Vanessa and I said California because that's a 970 prefix.
[01:20:02.020 --> 01:20:03.020]  Are you in?
[01:20:03.020 --> 01:20:04.020]  Tamara.
[01:20:04.020 --> 01:20:05.020]  Tamara.
[01:20:05.020 --> 01:20:06.020]  Tamara.
[01:20:06.020 --> 01:20:11.020]  Tamara and I'm in Colorado.
[01:20:11.020 --> 01:20:18.020]  Tamara. Oh, I'm sorry. My system's saying Vanessa, but I wrote down Tamara right here. Okay.
[01:20:18.020 --> 01:20:25.020]  You're in Colorado. We can't really tell you much of anything until we know what the complaint
[01:20:25.020 --> 01:20:35.020]  actually says. There's really no way to address it. So we need to get that complaint and when
[01:20:35.020 --> 01:20:42.020]  you get it, send me a copy of it and then call in next week. When do you have to be there?
[01:20:42.020 --> 01:20:47.020]  I have to go before them on the 28th.
[01:20:47.020 --> 01:20:54.020]  It's the 19th. Okay. As soon as you get it, get the complaint, send it to me and then
[01:20:54.020 --> 01:20:59.020]  I should have some suggestion for you. But there's really nothing we can even talk about
[01:20:59.020 --> 01:21:03.020]  if we don't know what the complaint says.
[01:21:03.020 --> 01:21:07.020]  Okay. How come they didn't give me a copy of the complaint?
[01:21:07.020 --> 01:21:14.020]  They never do. You have to ask them. You have to force them to.
[01:21:14.020 --> 01:21:19.020]  Make sure you write down a complete statement.
[01:21:19.020 --> 01:21:21.020]  What do you mean?
[01:21:21.020 --> 01:21:28.020]  All of that story that you just described about that he put it in, he gave you the car for
[01:21:28.020 --> 01:21:40.020]  your, as a trade for insurance situation and he didn't hold up his end of the bargain.
[01:21:40.020 --> 01:21:44.020]  A complete statement describing the whole situation.
[01:21:44.020 --> 01:21:50.020]  Yeah. So like an affidavit of fact, I sent you a copy of that as well.
[01:21:50.020 --> 01:21:53.020]  Okay.
[01:21:53.020 --> 01:21:58.020]  I'm pretty busy. When I get a really large document, I have to have a good reason to read them
[01:21:58.020 --> 01:22:04.020]  and I read your email portion. It was so cryptic. I didn't understand where you were going.
[01:22:04.020 --> 01:22:12.020]  Information, assertion started out with something to do with expatriation.
[01:22:12.020 --> 01:22:28.020]  Oh, yes. Mr. Lair was instructing me to challenge your addiction and then he went from that
[01:22:28.020 --> 01:22:35.020]  to having me fill out an act of expatriation, which I've already done.
[01:22:35.020 --> 01:22:41.020]  But then when I looked at, which now I found out she might not even be, you know, a legitimate
[01:22:41.020 --> 01:22:43.020]  person or somebody to trust.
[01:22:43.020 --> 01:22:48.020]  Okay. Okay. Expatriation won't make any difference.
[01:22:48.020 --> 01:22:53.020]  It doesn't matter if you're a citizen or not.
[01:22:53.020 --> 01:23:01.020]  This is criminal. And if you are within the jurist, the physical jurisdictional boundaries
[01:23:01.020 --> 01:23:09.020]  of a criminal jurisdiction, you are bound to an adhesion contract where you agree to abide
[01:23:09.020 --> 01:23:12.020]  by the criminal laws.
[01:23:12.020 --> 01:23:22.020]  So if you're, say, an illegal alien, then you have no legal connection to the jurisdiction.
[01:23:22.020 --> 01:23:29.020]  But once you step inside that jurisdiction, you're bound by an adhesion contract to abide
[01:23:29.020 --> 01:23:31.020]  by the criminal laws.
[01:23:31.020 --> 01:23:38.020]  If you fail to, you can be prosecuted and claiming that you're not a citizen.
[01:23:38.020 --> 01:23:43.020]  You're not bound onto these laws. It's not going to get you anywhere.
[01:23:43.020 --> 01:23:47.020]  Okay. So I have to appear.
[01:23:47.020 --> 01:23:49.020]  You'll definitely always appear.
[01:23:49.020 --> 01:23:53.020]  Make sure you have a complete statement when you do.
[01:23:53.020 --> 01:24:01.020]  And then the first, you don't write the statement until you know what the charge actually is
[01:24:01.020 --> 01:24:05.020]  so that your statement addresses the charge itself.
[01:24:05.020 --> 01:24:12.020]  Okay. Well, could you look at the affidavit of myself, Cameron Hoffman, and confirm whether
[01:24:12.020 --> 01:24:16.020]  that sounds like I'm covering all the points?
[01:24:16.020 --> 01:24:23.020]  Well, send me the complaint first because we don't know what we're, I don't even know what to look for
[01:24:23.020 --> 01:24:25.020]  until I've seen the complaint.
[01:24:25.020 --> 01:24:27.020]  No, I can't. You're going to say until Monday.
[01:24:27.020 --> 01:24:34.020]  So Monday I will go and try to get a copy of the criminal complaint from the courthouse, right?
[01:24:34.020 --> 01:24:38.020]  Okay. Here's what I'm going to suggest.
[01:24:38.020 --> 01:24:41.020]  Go down and ask to see the file.
[01:24:41.020 --> 01:24:43.020]  The file you're looking for.
[01:24:43.020 --> 01:24:45.020]  The file.
[01:24:45.020 --> 01:24:51.020]  So look through the file and see if you can find a criminal complaint in there.
[01:24:51.020 --> 01:24:53.020]  Okay.
[01:24:53.020 --> 01:24:59.020]  If you can't find a criminal complaint, then you write out an information request,
[01:24:59.020 --> 01:25:06.020]  requesting a copy of the criminal complaint from the file.
[01:25:06.020 --> 01:25:12.020]  If it's not in there, they're going to say, well, it's not in here, so I can't give it to you.
[01:25:12.020 --> 01:25:17.020]  You understand that. But since I gave you a request in writing,
[01:25:17.020 --> 01:25:28.020]  I'm going to ask you to respond with an answer in writing telling me you have no records responsive to my request.
[01:25:28.020 --> 01:25:37.020]  And when you get that, then you move to dismiss all the allocations against you.
[01:25:37.020 --> 01:25:44.020]  It's very common that people are prosecuted and there is no complaint in the public record.
[01:25:44.020 --> 01:25:53.020]  Remember Tom Delay, Speaker of the House, the House of Representatives, U.S. House of Representatives.
[01:25:53.020 --> 01:26:06.020]  He was taken out of office by Ronald Travis County District Attorney on an allegation of campaign funding abuse.
[01:26:06.020 --> 01:26:12.020]  Nobody ever accused Tom Delay of a crime.
[01:26:12.020 --> 01:26:17.020]  He was prosecuted, put in jail for two years, and no one ever accused him of a crime.
[01:26:17.020 --> 01:26:23.020]  I looked in the record. There was no accusation in there. There was no case.
[01:26:23.020 --> 01:26:27.020]  It's very common that there is no complaint.
[01:26:27.020 --> 01:26:34.020]  If there's not one in the record, then don't ask him where it's at.
[01:26:34.020 --> 01:26:40.020]  Just give a written request. It must be in that file.
[01:26:40.020 --> 01:26:49.020]  If it's not there, let me know that. If it is there, get a copy of it. Send it to me.
[01:26:49.020 --> 01:26:57.020]  Okay. Okay. And make him put it in writing if it's not, if there's nothing in there for a criminal complaint.
[01:26:57.020 --> 01:26:59.020]  Yes.
[01:26:59.020 --> 01:27:08.020]  Because what I was trying to share with you before was one attorney told me that when he couldn't find the file number,
[01:27:08.020 --> 01:27:14.020]  case file number, he looked in another location through the breast warrant,
[01:27:14.020 --> 01:27:28.020]  told me that it was issued because of an affidavit by a police officer two days after the vehicle was no longer in my possession.
[01:27:28.020 --> 01:27:35.020]  Okay. Get that affidavit. That will be sufficient to blow this thing out of the water.
[01:27:35.020 --> 01:27:38.020]  Okay. How do I get that?
[01:27:38.020 --> 01:27:44.020]  It should be in the record. If it's not in the record, then there is no claim.
[01:27:44.020 --> 01:27:47.020]  Affidavit for a breast warrant should be in the...
[01:27:47.020 --> 01:27:50.020]  Yes.
[01:27:50.020 --> 01:27:52.020]  It should be in the record as well.
[01:27:52.020 --> 01:27:57.020]  When you're there looking at the file, you can ask for a copy of everything.
[01:27:57.020 --> 01:28:01.020]  If you want to copy the entire thing, you can.
[01:28:01.020 --> 01:28:02.020]  Okay.
[01:28:02.020 --> 01:28:09.020]  Affidavit for a breast warrant. He didn't say there was a complaint in there.
[01:28:09.020 --> 01:28:12.020]  And affidavit for an arrest warrant.
[01:28:12.020 --> 01:28:17.020]  And affidavit is normally attached to a complaint.
[01:28:17.020 --> 01:28:24.020]  So maybe the lawyer is just using a vague term.
[01:28:24.020 --> 01:28:29.020]  The affidavit almost certainly will constitute the complaint.
[01:28:29.020 --> 01:28:34.020]  Oh, so that would be the complaint if there's an affidavit?
[01:28:34.020 --> 01:28:40.020]  Yes. If it has one, get that. But ask for the complaint.
[01:28:40.020 --> 01:28:45.020]  If it is the complaint, let them tell you it's the complaint.
[01:28:45.020 --> 01:28:53.020]  If they don't tell you it's the complaint, then you write them a written request for the complaint.
[01:28:53.020 --> 01:28:54.020]  Yes.
[01:28:54.020 --> 01:28:56.020]  Okay.
[01:28:56.020 --> 01:28:58.020]  Excuse me.
[01:28:58.020 --> 01:29:04.020]  And then if they still don't have it, then I ask them to put it in writing that they don't have it.
[01:29:04.020 --> 01:29:07.020]  Exactly.
[01:29:07.020 --> 01:29:17.020]  So that you can establish that on this day at this time, the court clerk was not in possession of this document.
[01:29:17.020 --> 01:29:23.020]  With that, then you do a motion to dismiss for lack of subject matter jurisdiction.
[01:29:23.020 --> 01:29:29.020]  Well, Jiminy Cricket, I wish I would have gotten this information last week.
[01:29:29.020 --> 01:29:33.020]  Oh, my goodness. I'm running out of time here.
[01:29:33.020 --> 01:29:38.020]  And I want to stay ahead of this. It's just crazy.
[01:29:38.020 --> 01:29:48.020]  If they move quickly, get that to me Monday and I'll look at it immediately and give you my next suggestion.
[01:29:48.020 --> 01:29:53.020]  All right. Okay. Thank you so much. Bless your heart.
[01:29:53.020 --> 01:30:02.020]  Okay. You are welcome. Okay. We're going to break. We'll be right back.
[01:30:02.020 --> 01:30:09.020]  Could your pharmacy release your prescription information to marketers? Believe it or not, it's not only possible. It's probably been done.
[01:30:09.020 --> 01:30:16.020]  I'm Dr. Catherine Albrecht and I'll be back with loopholes that make it legal for companies like CVS to share your personal health information.
[01:30:16.020 --> 01:30:22.020]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:30:22.020 --> 01:30:27.020]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.020 --> 01:30:34.020]  Protect your rights. Say no to surveillance and keep your information to yourself. Privacy, it's worth hanging on to.
[01:30:34.020 --> 01:30:42.020]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
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[01:30:45.020 --> 01:30:50.020]  Your pharmacy may be sharing your medical information without your knowledge or consent.
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[01:30:56.020 --> 01:31:01.020]  StartPall in the law allows it if parties agree to execute a contract to, quote, safeguard the data.
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[01:31:09.020 --> 01:31:15.020]  Ask your pharmacy to disclose how it shared your previous data and request in writing that it not be sold, rented, or shared.
[01:31:15.020 --> 01:31:21.020]  And most importantly, take your future prescriptions to establishments that guarantee real privacy.
[01:31:21.020 --> 01:31:26.020]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:52.020 --> 01:31:53.020]  I'm an Air Force pilot.
[01:31:53.020 --> 01:31:55.020]  I'm the father who lost his son.
[01:31:55.020 --> 01:31:57.020]  We're Americans, and we deserve the truth.
[01:31:57.020 --> 01:32:22.020]  Go to RememberBuilding7.org today.
[01:32:27.020 --> 01:32:35.020]  The American conjunction with Rule of Law Radio has put together the most comprehensive teaching tool available that will help you understand what due process is and how to hold courts to the rule of law.
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[01:32:55.020 --> 01:33:02.020]  With this copy today and together, we can have free society we all want and deserve.
[01:33:02.020 --> 01:33:23.020]  You are listening to the Logos Radio Network. LogosRadioNetwork.com.
[01:33:23.020 --> 01:33:25.020]  Okay, we are back.
[01:33:25.020 --> 01:33:32.020]  Randy Kelton, Brett Fountain, Rule of Law Radio, and we're going to Ken in New York.
[01:33:32.020 --> 01:33:33.020]  Hello, Ken.
[01:33:33.020 --> 01:33:38.020]  What do you have for us today?
[01:33:38.020 --> 01:33:39.020]  Hi, Randy.
[01:33:39.020 --> 01:33:41.020]  Hi, Brett.
[01:33:41.020 --> 01:33:52.020]  I have something that I came across from a subscription to a website called NewYorkParkingTicket.com that happened a couple of weeks ago.
[01:33:52.020 --> 01:34:01.020]  It says, defective New York City parking tickets were corrected after they were served on unspecting drivers.
[01:34:01.020 --> 01:34:13.020]  And what this saying here is, and the reason I think this might be useful is because if it's happening in New York City, it could be happening anywhere in the state or maybe other states.
[01:34:13.020 --> 01:34:23.020]  The lawyer that runs this website, he's not my retire, he says more than 200,000 defective New York City parking tickets may have been illegally altered.
[01:34:23.020 --> 01:34:30.020]  Two tickets in front of a bus stop parking too close to a bus stop.
[01:34:30.020 --> 01:34:32.020]  Each one's $115.
[01:34:32.020 --> 01:34:37.020]  One of them had a required element and he gives you a chart of required elements.
[01:34:37.020 --> 01:34:45.020]  These are all little bite-sized pieces of information. If any one of them are missing, you can get this with this missile.
[01:34:45.020 --> 01:34:52.020]  And one of them had the make of her, but he described it as a chariot was left out of it.
[01:34:52.020 --> 01:35:00.020]  However, when she went to check the online ticket a week later, the information was filled in.
[01:35:00.020 --> 01:35:04.020]  Someone sent this to me.
[01:35:04.020 --> 01:35:07.020]  I'm referring to a government record.
[01:35:07.020 --> 01:35:12.020]  Yeah, about a week ago or something like that. I might have sent it maybe two weeks ago.
[01:35:12.020 --> 01:35:23.020]  Okay, when I looked at that, it looked like somebody saw this and say, oh, he forgot to put this in and filled it in.
[01:35:23.020 --> 01:35:31.020]  No, apparently this is being somebody sitting there looking for blank spaces on the ticket.
[01:35:31.020 --> 01:35:37.020]  So obviously the moral of the story is make sure you keep the original copy of the ticket.
[01:35:37.020 --> 01:35:44.020]  So the evil empire's reply is the city does not illegally alter parking tickets.
[01:35:44.020 --> 01:35:53.020]  It gets from agents in the field.
[01:35:53.020 --> 01:36:00.020]  The attorney who put up this site, that sounds interesting.
[01:36:00.020 --> 01:36:12.020]  Oh, he's a great guy. His name is Lawrence Barrison and just called, like it sounds, New York parkingticket.com.
[01:36:12.020 --> 01:36:15.020]  And he writes the blog.
[01:36:15.020 --> 01:36:21.020]  He apparently had a heart attack a while back because he's not personally answering them, but he's still publishing them.
[01:36:21.020 --> 01:36:30.020]  And what he does is he's been practicing for 40 or so years and now for the last seven years.
[01:36:30.020 --> 01:36:38.020]  He's been just concentrating on parking tickets and he provides various charts and requirements.
[01:36:38.020 --> 01:36:40.020]  You can just click on them and get copies of them.
[01:36:40.020 --> 01:36:47.020]  Gives you all the information for free if you want him to do it, he gets a percentage of parking tickets.
[01:36:47.020 --> 01:36:53.020]  And in the case of a bus ticket where there's all kinds of rules about parking too close,
[01:36:53.020 --> 01:36:59.020]  that you cross the line or this nonsense parking too close to a bus stop.
[01:36:59.020 --> 01:37:03.020]  And that's $115 ticket each time.
[01:37:03.020 --> 01:37:07.020]  So the woman got two tickets while she was at work.
[01:37:07.020 --> 01:37:10.020]  But one of them didn't have to make filled in.
[01:37:10.020 --> 01:37:16.020]  But when she checked online, both of them had to make filled in.
[01:37:16.020 --> 01:37:18.020]  That's interesting.
[01:37:18.020 --> 01:37:21.020]  I might want to get a hold of this guy.
[01:37:21.020 --> 01:37:23.020]  He has a video.
[01:37:23.020 --> 01:37:29.020]  He's had a couple appearances on television in the past.
[01:37:29.020 --> 01:37:35.020]  And it's a rather detailed website.
[01:37:35.020 --> 01:37:41.020]  And all license plates say the Empire State on the bottom of them.
[01:37:41.020 --> 01:37:48.020]  Just like they'll say something like Virginia's for lovers or something like that.
[01:37:48.020 --> 01:37:55.020]  I think it was funny and now I don't think it's so funny anymore.
[01:37:55.020 --> 01:38:03.020]  Well, I would like to talk to this guy because I have the traffic ticket website up.
[01:38:03.020 --> 01:38:13.020]  I'm trying to get people in other states to flesh out the documentation that I need for other states.
[01:38:13.020 --> 01:38:22.020]  Maybe we can apply my technology to parking tickets.
[01:38:22.020 --> 01:38:24.020]  Yeah.
[01:38:24.020 --> 01:38:38.020]  And what you told me sounded like something that would go directly to this software where you have parking tickets have all these issues.
[01:38:38.020 --> 01:38:42.020]  And you say, was this issue present?
[01:38:42.020 --> 01:38:44.020]  Was this issue present?
[01:38:44.020 --> 01:38:46.020]  You know, they say yes or no.
[01:38:46.020 --> 01:38:48.020]  And you just follow it down.
[01:38:48.020 --> 01:38:53.020]  It's exactly the kind of thing this software is designed to address.
[01:38:53.020 --> 01:39:04.020]  And then if they say no, then depending on the answer, some of the answers will indicate, well, in this case, you should do this.
[01:39:04.020 --> 01:39:10.020]  So we take this lawyer and have him imagine that he's he's sitting in front of a client.
[01:39:10.020 --> 01:39:18.020]  He knows nothing about what you're sitting in front of a client for the purpose of traffic tickets.
[01:39:18.020 --> 01:39:22.020]  What would be the first question you would ask that client?
[01:39:22.020 --> 01:39:25.020]  This lawyer has already got all this.
[01:39:25.020 --> 01:39:27.020]  Oh, yeah.
[01:39:27.020 --> 01:39:35.020]  So it'd be easy for him and we we build out a questionnaire assuming that he always gets a yes answer.
[01:39:35.020 --> 01:39:43.020]  So we have the lawyer ask all the questions he would ask and assume the guy always answers yes.
[01:39:43.020 --> 01:39:50.020]  And when he gets to the last question, we got 80% of his knowledge on the subject matter.
[01:39:50.020 --> 01:39:53.020]  And we're at the last question where he said yes.
[01:39:53.020 --> 01:39:56.020]  Then we assume the guy said no.
[01:39:56.020 --> 01:39:58.020]  What would you ask in that case?
[01:39:58.020 --> 01:40:06.020]  And you follow that out to get to the last question back up again back up to the next question.
[01:40:06.020 --> 01:40:12.020]  We get to the first question we got his entire knowledge based on the subject.
[01:40:12.020 --> 01:40:21.020]  And we have it in the structure and method in which he would ask the questions.
[01:40:21.020 --> 01:40:29.020]  So no matter what answer you give him, we've got what he would ask in that case.
[01:40:29.020 --> 01:40:35.020]  So he can give it to anybody and they can just walk right through his knowledge base.
[01:40:35.020 --> 01:40:47.020]  And you know if there are documents that you would file to secure remedy, you ask the question that points at that document.
[01:40:47.020 --> 01:40:58.020]  And then when I present this to lawyers, I tell them that, you know, I do this radio show and I have people calling me and calling into my show.
[01:40:58.020 --> 01:41:00.020]  And they always got these great ideas.
[01:41:00.020 --> 01:41:04.020]  And in the next show, I got more great ideas and heck, I couldn't keep up with all of them.
[01:41:04.020 --> 01:41:08.020]  Somebody called in once and asked if I knew what a Frank's hearing was.
[01:41:08.020 --> 01:41:10.020]  Oh, yeah, I've heard of it.
[01:41:10.020 --> 01:41:12.020]  But I don't remember what it was.
[01:41:12.020 --> 01:41:18.020]  So after the show, I looked it up and I thought, holy crap, how could I ever have forgotten that?
[01:41:18.020 --> 01:41:27.020]  The Frank's hearing was a hearing for the purpose of determining the porosity of a police officer who testified for magistrate's secure warrant.
[01:41:27.020 --> 01:41:30.020]  You get to subpoena a judge.
[01:41:30.020 --> 01:41:34.020]  The guy who issued the warrant.
[01:41:34.020 --> 01:41:38.020]  So I looked at the questionnaire I was building and I said, okay, were you arrested?
[01:41:38.020 --> 01:41:39.020]  Yes.
[01:41:39.020 --> 01:41:41.020]  Were you arrested for an on-site offense?
[01:41:41.020 --> 01:41:42.020]  No.
[01:41:42.020 --> 01:41:43.020]  Okay.
[01:41:43.020 --> 01:41:46.020]  Were you arrested on an existing warrant?
[01:41:46.020 --> 01:41:47.020]  Yes.
[01:41:47.020 --> 01:41:49.020]  You cracked the questionnaire apart.
[01:41:49.020 --> 01:41:57.020]  You put in a question that says, do you have reason to believe that the officer testified for the magistrate to secure that warrant lie to the magistrate?
[01:41:57.020 --> 01:42:00.020]  If they say yes, it mirrors off.
[01:42:00.020 --> 01:42:06.020]  Does a Frank's hearing, all the questions it needs for a Frank's hearing comes back and keeps going?
[01:42:06.020 --> 01:42:10.020]  It will never, ever forget to ask that question.
[01:42:10.020 --> 01:42:17.020]  Now, it may not get a yes very often, but the system will never forget to ask it.
[01:42:17.020 --> 01:42:22.020]  And everything the lawyer would ask, we put it in there.
[01:42:22.020 --> 01:42:25.020]  And then have another lawyer look at it.
[01:42:25.020 --> 01:42:29.020]  Any questions you would ask, this guy didn't.
[01:42:29.020 --> 01:42:31.020]  We had his in there.
[01:42:31.020 --> 01:42:36.020]  And before long, we've got everybody's knowledge on the subject.
[01:42:36.020 --> 01:42:38.020]  I would definitely like to talk to this guy.
[01:42:38.020 --> 01:42:46.020]  If he's been a lawyer for a long time, he's got a depth of knowledge that maybe we can capture it.
[01:42:46.020 --> 01:42:49.020]  Have you ever spoken to this person, Kim?
[01:42:49.020 --> 01:42:50.020]  No.
[01:42:50.020 --> 01:42:52.020]  No, I haven't.
[01:42:52.020 --> 01:43:03.020]  He, as I said, he's not, he says he's not replying to blog entry, but that doesn't mean he can't be reached.
[01:43:03.020 --> 01:43:06.020]  Yeah, I'll see if he's got an email address.
[01:43:06.020 --> 01:43:16.020]  Yeah, well, yeah, I don't have it in front of me, but I sent you, if you saw something that you thought was it, I sent it to you.
[01:43:16.020 --> 01:43:18.020]  Okay, good, good.
[01:43:18.020 --> 01:43:20.020]  Yeah, I did see that.
[01:43:20.020 --> 01:43:22.020]  Thank you.
[01:43:22.020 --> 01:43:25.020]  He must have a contact.
[01:43:25.020 --> 01:43:28.020]  Yeah, I should be able to reach you.
[01:43:28.020 --> 01:43:29.020]  We're about to go to break.
[01:43:29.020 --> 01:43:33.020]  Do you have anything else for us, Kim?
[01:43:33.020 --> 01:43:36.020]  No, we'll leave it the next week.
[01:43:36.020 --> 01:43:40.020]  My other programs after me again.
[01:43:40.020 --> 01:43:42.020]  Okay, thank you, Kim.
[01:43:42.020 --> 01:43:46.020]  Okay, Randy Kelton, Brett Fountain, Will LaRidio.
[01:43:46.020 --> 01:43:50.020]  I'm not going to give out the calling number of going to our last segment.
[01:43:50.020 --> 01:44:00.020]  Hang on, we'll be right back.
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[01:46:24.020 --> 01:46:51.020]  The People
[01:46:51.020 --> 01:47:03.020]  Okay, we are back for our last segment.
[01:47:03.020 --> 01:47:07.020]  Randy Kelton, Brett Fountain, and I had this timed out.
[01:47:07.020 --> 01:47:15.020]  We had one more caller and one more segment, and caller Terrence dropped off.
[01:47:15.020 --> 01:47:21.020]  So, I did have one thing Brett and I talked about earlier.
[01:47:21.020 --> 01:47:30.020]  You were talking about Wood County and how, with Plano and Richardson, I believe it was Richardson,
[01:47:30.020 --> 01:47:36.020]  didn't follow procedures and they got claims against you, and that caused Wood County to enhance the claim.
[01:47:36.020 --> 01:47:39.020]  Will you explain all that, Brett?
[01:47:39.020 --> 01:47:47.020]  Sure. Wood County, I was going to go this week to a hearing in Wood County.
[01:47:47.020 --> 01:47:57.020]  It would have been the first one, and the Supreme Court stepped in with a stay of proceedings
[01:47:57.020 --> 01:48:02.020]  while they reviewed the criminal charges against the senior justice
[01:48:02.020 --> 01:48:11.020]  and while they reviewed my petition for rid of mandalas to command Wood County to follow the law.
[01:48:11.020 --> 01:48:19.020]  So, they didn't have that hearing on Wednesday, but what I'm thinking,
[01:48:19.020 --> 01:48:24.020]  if it does get past all of this procedural error in Wood County,
[01:48:24.020 --> 01:48:31.020]  and if it does get past all of my dispositive motions that I have in Wood County,
[01:48:31.020 --> 01:48:43.020]  then it could go to a merits trial at which point the Plano and Richardson are cities that had,
[01:48:43.020 --> 01:48:49.020]  I know this is going to shock you, but they didn't follow all of the rules and all the procedures.
[01:48:49.020 --> 01:48:55.020]  Oh, wait a minute, wait a minute, that's just, you're just disparaging them.
[01:48:55.020 --> 01:49:03.020]  Maybe so. However, there were some things that are written in black and white and they did the opposite.
[01:49:03.020 --> 01:49:12.020]  Well, Plano and Richardson, I was very diligent about preserving prosecutorial error and judicial error,
[01:49:12.020 --> 01:49:19.020]  and I made a big stink about it. I raised exceptions, I filed objections.
[01:49:19.020 --> 01:49:27.020]  I was ready to take this to the appeals court, but each of them, Richardson and Plano,
[01:49:27.020 --> 01:49:34.020]  they each obstacleed my appeal slightly different ways, and I didn't know what to do about it at the time.
[01:49:34.020 --> 01:49:41.020]  I didn't know how to get past that and get the findings of facts and conclusions of law and get the transcript
[01:49:41.020 --> 01:49:44.020]  and take it to the appeals court. They were blocking me.
[01:49:44.020 --> 01:49:49.020]  One wouldn't let me have the transcript and the other wouldn't let me have the findings of facts.
[01:49:49.020 --> 01:49:54.020]  Neither let me have findings of facts and conclusions of law, and I didn't know what to do about it.
[01:49:54.020 --> 01:49:59.020]  I ended up with a guilty conviction from both of those because I couldn't get it through to the appeals court
[01:49:59.020 --> 01:50:03.020]  and I didn't know how to force that.
[01:50:03.020 --> 01:50:10.020]  Well, Wood County is trying to revive a dismissed traffic ticket from a Class C in Windsboro.
[01:50:10.020 --> 01:50:15.020]  They're trying to revive it even though it was dismissed by adding an enhancement to it and saying,
[01:50:15.020 --> 01:50:18.020]  oh, but this had prior convictions.
[01:50:18.020 --> 01:50:26.020]  So we're going to make it a Class B and we're going to say, we're going to refer to the Richardson and Plano tickets
[01:50:26.020 --> 01:50:29.020]  and say this was prior convictions.
[01:50:29.020 --> 01:50:36.020]  Well, in my mind, if that goes to Merritt's trial, doesn't that mean I get to have discovery
[01:50:36.020 --> 01:50:42.020]  and open up all of that prosecutorial error and judicial error for the whole world to see?
[01:50:42.020 --> 01:50:50.020]  Yes, because this is an enhancement based on these supposed convictions
[01:50:50.020 --> 01:50:54.020]  that were secured in violation of due process.
[01:50:54.020 --> 01:50:57.020]  Damn.
[01:50:57.020 --> 01:51:03.020]  Well, there's more. Did you file subject matter jurisdiction challenges in these cases?
[01:51:03.020 --> 01:51:06.020]  Oh, yes.
[01:51:06.020 --> 01:51:12.020]  And I was loud about it.
[01:51:12.020 --> 01:51:22.020]  Well, the thing, okay, hold on. They can't, you can still go to the appeals court with your subject matter jurisdiction challenge.
[01:51:22.020 --> 01:51:25.020]  And I did.
[01:51:25.020 --> 01:51:27.020]  And what did they do?
[01:51:27.020 --> 01:51:31.020]  They wouldn't hear the appeal. They said that it wasn't.
[01:51:31.020 --> 01:51:35.020]  It didn't have the appropriate documents filed along with it.
[01:51:35.020 --> 01:51:37.020]  Like with one, it was.
[01:51:37.020 --> 01:51:42.020]  No, no. Okay. Oh, okay. Hold on. Hold on. That's the problem.
[01:51:42.020 --> 01:51:45.020]  You filed an appeal.
[01:51:45.020 --> 01:51:54.020]  You don't need to appeal. You can challenge the subject matter jurisdiction of the trial court with the court of appeals.
[01:51:54.020 --> 01:51:57.020]  Even if there's something that's not open.
[01:51:57.020 --> 01:51:59.020]  Yes, consider it closed.
[01:51:59.020 --> 01:52:09.020]  Don't care what they consider it. Challenge subject matter jurisdiction can be challenged at any time, no matter how we're molding history.
[01:52:09.020 --> 01:52:14.020]  So you challenge subject matter jurisdiction with the appeals court.
[01:52:14.020 --> 01:52:18.020]  That's essentially what we did in Tim's case.
[01:52:18.020 --> 01:52:23.020]  We filed a subject matter jurisdiction challenge in the trial court and the trial court denied it.
[01:52:23.020 --> 01:52:37.020]  And we petitioned for rid of mandamus and in the writ, we challenge the subject matter jurisdiction of the appeals court because the trial court did not have original jurisdiction.
[01:52:37.020 --> 01:52:43.020]  Therefore, it could not be transferred to the court of appeals.
[01:52:43.020 --> 01:52:52.020]  So any ruling they gave was improper because they never had subject matter jurisdiction in the first place.
[01:52:52.020 --> 01:52:59.020]  So is there anything that ought to be filed in the appeals court?
[01:52:59.020 --> 01:53:04.020]  I don't know, a motion for leave to file or anything like that.
[01:53:04.020 --> 01:53:06.020]  No, no, no, it's none of that.
[01:53:06.020 --> 01:53:21.020]  If you file a subject matter jurisdiction challenge with the appeals court claiming that the trial court never had jurisdiction and therefore the court of appeals could not accrue jurisdiction.
[01:53:21.020 --> 01:53:26.020]  Well, okay.
[01:53:26.020 --> 01:53:31.020]  The court of appeals is not wanting to do anything against me.
[01:53:31.020 --> 01:53:36.020]  The court of appeals is wanting to keep that case out of their court.
[01:53:36.020 --> 01:53:42.020]  They don't want to rule in precedent and say that all the cities have to do things right.
[01:53:42.020 --> 01:53:44.020]  They want to keep it out of court.
[01:53:44.020 --> 01:53:49.020]  You do the same thing to the court of appeals you've done to the rest of these guys.
[01:53:49.020 --> 01:53:54.020]  Judicial conduct complaints, criminal complaints.
[01:53:54.020 --> 01:54:06.020]  If they don't have subject matter jurisdiction, they have no immunity.
[01:54:06.020 --> 01:54:14.020]  That's the one time a judge doesn't have immunity is when he lacks subject matter jurisdiction.
[01:54:14.020 --> 01:54:24.020]  So if you start hammering the court of appeals, you start filing judicial conduct complaints against them and criminal complaints against them.
[01:54:24.020 --> 01:54:27.020]  Who do you think is going to get thrown under the bus?
[01:54:27.020 --> 01:54:30.020]  The trial court.
[01:54:30.020 --> 01:54:34.020]  It's been easy for them to throw you under the bus.
[01:54:34.020 --> 01:54:37.020]  Now we make it hard for them.
[01:54:37.020 --> 01:54:44.020]  That's why you always want to file subject matter jurisdiction first.
[01:54:44.020 --> 01:54:47.020]  Never get to the merits.
[01:54:47.020 --> 01:54:54.020]  Never get to anything before subject matter jurisdiction.
[01:54:54.020 --> 01:55:04.020]  Both of those have, in the trial courts, they both have a challenge to the subject matter jurisdiction and I maintained all throughout.
[01:55:04.020 --> 01:55:11.020]  Every time they tried to go, each one of them tried to go to say, okay, we've already dealt with this jurisdiction issue.
[01:55:11.020 --> 01:55:12.020]  I don't want to hear it anymore.
[01:55:12.020 --> 01:55:14.020]  I object.
[01:55:14.020 --> 01:55:19.020]  I didn't let them just keep going and it wasn't easy for them.
[01:55:19.020 --> 01:55:26.020]  They got really frustrated with me, but life is tough.
[01:55:26.020 --> 01:55:31.020]  If you don't raise the objection, you waive it.
[01:55:31.020 --> 01:55:35.020]  So object quick, object often.
[01:55:35.020 --> 01:55:37.020]  The judge don't like it.
[01:55:37.020 --> 01:55:40.020]  You don't care.
[01:55:40.020 --> 01:55:49.020]  So that those exceptions and objections and challenges to subject matter jurisdiction are in the record.
[01:55:49.020 --> 01:55:55.020]  But I didn't know how to get to appeal or to the appellate court.
[01:55:55.020 --> 01:56:07.020]  You just file a challenge subject matter jurisdiction appellate court claiming that the ruling that they made, they lack subject matter jurisdiction to make the ruling.
[01:56:07.020 --> 01:56:09.020]  Okay.
[01:56:09.020 --> 01:56:14.020]  That the only thing the court can do is dismiss the whole thing.
[01:56:14.020 --> 01:56:17.020]  And they didn't.
[01:56:17.020 --> 01:56:19.020]  They should have known that.
[01:56:19.020 --> 01:56:22.020]  So you filed criminally against them.
[01:56:22.020 --> 01:56:27.020]  Stink up their records of their, you know, their record as a appellate court judge.
[01:56:27.020 --> 01:56:31.020]  They're going to have to run for office again.
[01:56:31.020 --> 01:56:33.020]  You start filing a primary.
[01:56:33.020 --> 01:56:37.020]  You start filing criminal charges against them.
[01:56:37.020 --> 01:56:38.020]  Good, good chance.
[01:56:38.020 --> 01:56:45.020]  The next judge that runs against them is going to get a copy of those criminal complaints.
[01:56:45.020 --> 01:56:49.020]  Anonymously.
[01:56:49.020 --> 01:56:56.020]  And he just, and the courts have already ruled that you can, you know, used to be that you couldn't say bad things about judges.
[01:56:56.020 --> 01:56:58.020]  Now you can.
[01:56:58.020 --> 01:57:04.020]  And that was Ventura that got that put through.
[01:57:04.020 --> 01:57:06.020]  When he was governor of Minnesota.
[01:57:06.020 --> 01:57:11.020]  The ex rescues Ventura.
[01:57:11.020 --> 01:57:25.020]  Now you know in Wood County, they've got the district attorney who, oh my goodness, today I discovered there's so much more depth of corruption in Wood County than I had known before.
[01:57:25.020 --> 01:57:40.020]  But the, the one who the district attorney who's sitting in the seat of the one that the Texas Rangers ran off is as running for election now.
[01:57:40.020 --> 01:57:46.020]  Which means that my appeal to our senators was effective.
[01:57:46.020 --> 01:57:55.020]  Instead of confirming her appointment to her temporary appointment from Governor Abbott, the senators said, no, we're not confirming her.
[01:57:55.020 --> 01:58:00.020]  This guy fountains said, please don't please give us an election.
[01:58:00.020 --> 01:58:05.020]  And they put her up for election now and then she's got billboards up everywhere.
[01:58:05.020 --> 01:58:07.020]  Wonderful.
[01:58:07.020 --> 01:58:14.020]  So now I'm going to find out who's running against her.
[01:58:14.020 --> 01:58:16.020]  Wonderful.
[01:58:16.020 --> 01:58:18.020]  Okay, we are out of time.
[01:58:18.020 --> 01:58:20.020]  Thank you all for listening.
[01:58:20.020 --> 01:58:28.020]  We'll be back next week, Thursday for our two hour show and next Friday for our four hour info marathon.
[01:58:28.020 --> 01:58:38.020]  And make sure you check out Eddie Craig's traffic, traffic show on Mondays at 8 p.m. Central.
[01:58:38.020 --> 01:58:50.020]  Thank you all for listening and good night.
[01:58:50.020 --> 01:58:58.020]  Bibles for America is offering absolutely free a unique study Bible called the New Testament recovery version.
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[01:59:08.020 --> 01:59:20.020]  Order your free copy today from Bibles for America. Call us toll free at 888-551-0102 or visit us online at bfa.org.
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