ROL_2020-02-06_16k.timecode

[00:00.000 --> 00:06.920]  The following use flash is brought to you by the Lone Star Lowdown.
[00:06.920 --> 00:13.320]  Markets for Monday the 22nd of July 2019 open with precious metals, gold $1,429 an ounce,
[00:13.320 --> 00:21.520]  silver $16.45 an ounce, copper $2.75 an ounce, oil Texas crude $55.63 a barrel, Brent crude
[00:21.520 --> 00:29.840]  $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum
[00:29.840 --> 00:41.600]  $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:46.080 --> 00:52.560]  In history, the year 1916, the preparedness day bombing, a time suitcase bomb was detonated
[00:52.560 --> 00:57.920]  on Market Street in San Francisco during the World War I preparedness day parade, killing
[00:57.920 --> 01:04.920]  the 10 and entering 40 today in history.
[01:04.920 --> 01:09.560]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hemp and
[01:09.560 --> 01:14.400]  attacks his law back in June, county prosecutors around the state including Houston, Austin,
[01:14.400 --> 01:19.000]  San Antonio have been dropping marijuana possession charges and even refusing to file new ones
[01:19.000 --> 01:23.040]  since they are stipulating that they do not have the time or the laboratory equipment to
[01:23.040 --> 01:27.960]  test the herb for THC. Margaret Moore, the Travis County District Attorney announced earlier
[01:27.960 --> 01:32.680]  this month that she was dismissing 32 felony possession and delivery of marijuana cases
[01:32.680 --> 01:33.880]  because of the law.
[01:33.880 --> 01:37.760]  Mr. Abbott and other state officials, including the Attorney General stipulated in a letter
[01:37.760 --> 01:42.280]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.280 --> 01:48.400]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works as
[01:48.400 --> 01:54.640]  well as other cities too like the District Attorney in El Paso, Cayma Esparza, a Democrat
[01:54.640 --> 01:59.120]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:59.120 --> 02:01.840]  prosecution of marijuana cases in El Paso.
[02:01.840 --> 02:06.920]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.920 --> 02:10.920]  in Harris County who stated that, quote, the law is constantly changing on what makes
[02:10.920 --> 02:13.640]  something illegal based on its chemical makeup.
[02:13.640 --> 02:17.480]  It's important that if someone is charged with something, the test matches what they
[02:17.480 --> 02:22.720]  are charged with.
[02:22.720 --> 02:27.400]  A paper by Tulane University identified a five and a half inch American pocket shark
[02:27.400 --> 02:32.520]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.520 --> 02:38.160]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.160 --> 02:39.640]  Pacific Ocean.
[02:39.640 --> 02:43.960]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.960 --> 02:50.200]  its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[02:50.200 --> 03:14.240]  glow.
[03:14.240 --> 03:16.240]  Every sundown comes for you
[03:19.240 --> 03:22.240]  Tell me, what's she gonna do?
[03:22.240 --> 03:24.240]  What's she gonna do?
[03:27.240 --> 03:30.240]  Bad boys, bad boys, what's she gonna do?
[03:30.240 --> 03:32.240]  What's she gonna do when they come for you?
[03:32.240 --> 03:35.240]  Bad boys, bad boys, what's she gonna do?
[03:35.240 --> 03:38.240]  What's she gonna do when they come for you?
[03:38.240 --> 03:41.240]  When you were eight and you had bad dreams
[03:41.240 --> 03:43.240]  You go to school and earn the gold and lose
[03:43.240 --> 03:47.240]  So why are you acting like a bloody fool?
[03:47.240 --> 03:49.380]  If you get hot, say you must just clue
[03:49.380 --> 03:52.380]  Bad boys, bad boys, what's she gonna do?
[03:52.380 --> 03:54.240]  Oh what's she gonna do when they come for you?
[03:54.240 --> 03:57.240]  Bad boys, bad boys, what's she gonna do?
[03:57.240 --> 04:00.240]  Oh what's she gonna do when they come for you?
[04:00.240 --> 04:02.240]  You chalk it on that one, you chalk it on this one
[04:02.240 --> 04:05.240]  You chalk it on your mother and you chalk it on your father
[04:05.240 --> 04:08.240]  You chalk it on your brother and you chalk it on your sister
[04:08.240 --> 04:11.240]  You chalk it on that one and you chalk it from me
[04:11.240 --> 04:16.600]  Bad boys, bad boys. Whatcha gonna do? Whatcha gonna do when they come for you?
[04:16.600 --> 04:19.720]  Bad boys, bad boys. Whatcha gonna do when they come for you?
[04:19.720 --> 04:29.920]  Okay, Howdy Howdy, Randy Shelton, Brett Fountain, Rue LaLaur Radio on this sixth day of February
[04:29.920 --> 04:44.400]  2000 and 2020, my tongue is getting tangled. And I'm gonna start out the show talking about some research I've been doing.
[04:44.400 --> 04:51.120]  Do I sound excited, Brett? You certainly do. Why don't you tell us about it?
[04:51.120 --> 05:11.400]  I am excited. Sometimes it takes a long time to get the pieces sorted out and I was preparing a method of marketing legal earth, the electronic lawyer project.
[05:11.400 --> 05:31.400]  And since I have most of the criminal part of law developed into questionnaires, I was looking at a way to develop to market this thing to the criminal justice system.
[05:31.400 --> 05:49.760]  And I have this questionnaire that we can give to people and they can do a get an audit of their case and it's something I've been working on a couple of years as a way to get this into the jail system.
[05:49.760 --> 06:05.520]  When someone is arrested in the state of Texas, 80% of the time they will ask for court appointed counsel. 60% of the time they will get court appointed counsel.
[06:05.520 --> 06:28.520]  So I was looking at this and the approach I was taking was to go to the jails and say, if someone requests court court appointed counsel, before you grant them court appointed counsel, have them go through this questionnaire.
[06:28.520 --> 06:46.520]  The point of the questionnaire and the purpose of the questionnaire is to demonstrate that they have remedy. But where your liberty is at stake, that remedy is too precarious and too difficult to secure on your own.
[06:46.520 --> 07:01.520]  You really need counsel. And all my listeners here, when I say that, I can feel you all cringe because you know the lawyers are unscrupulous scoundrels.
[07:01.520 --> 07:20.520]  Yeah, we got that. But the question is sharks and snakes. Yes. And shysters. To quote Robert Fox, petty, fogger shysters, grubbing for filthy liquor. Okay, I got that.
[07:20.520 --> 07:32.520]  But what I'm not telling these guys is along with the questionnaire, we have a methodology for handling those lawyers.
[07:32.520 --> 07:39.520]  We can wind their clocks. Now I'm not going to tell them that I'll let them find that out later.
[07:39.520 --> 07:55.520]  But first, I'll demonstrate to them that they need counsel. If you were listening to the show several months ago, some of you might remember this, someone called in and said, What should I do? My brother got his third DUI.
[07:55.520 --> 08:05.520]  I said, get a lawyer. Well, he can't afford a lawyer. Does he have a flat screen TV or a pickup truck?
[08:05.520 --> 08:14.520]  He said, well, he's got a pickup truck, sell it, get a lawyer. Yeah, but he needs that to go to work and back. Well, he's not going to need it to go to work and back.
[08:14.520 --> 08:28.520]  If he spends 25 to life in prison for third DUI, you need to get your priorities straight. Stay out of jail, get a lawyer, stay out of jail, go to work, buy you another pickup.
[08:28.520 --> 08:37.520]  How do these questionnaires to demonstrate that your liberty is costly? It is extremely not costly, valuable.
[08:37.520 --> 08:53.520]  If you lose your liberty, what's that going to cost you compared to what it would cost for counsel?
[08:53.520 --> 09:01.520]  Hello. I'm sorry. I'm on the air. My bad.
[09:01.520 --> 09:11.520]  My bad. I was trying to call Deborah before the show and right above it is Deborah Bohunk. Deborah Bohunk is my niece.
[09:11.520 --> 09:27.520]  So I need to turn the sound off on my phone. Okay. So Deborah is probably listening. She's going to skin my hide for that and it will be deserved.
[09:27.520 --> 09:41.520]  Anyway, so where was I, Brett? Oh, thank you. Stay for a lawyer. Get a lawyer. We'll show you how to handle your lawyer.
[09:41.520 --> 09:53.520]  So this questionnaire, I'm presenting it to the county commissioners court because it turns out the county commissioners court is the one that pays the bill.
[09:53.520 --> 10:04.520]  I did some research in preparing a presentation to my state senator. I did some research to gather some numbers.
[10:04.520 --> 10:21.520]  Let me, let me throw a few numbers at you. The operating budget of the Texas Department of Criminal Justice for 2018 was 3 billion, 332 million.
[10:21.520 --> 10:33.520]  Texas is the second largest state in the union by population, 28,995, I'm sorry, 28 million, almost 29 million.
[10:33.520 --> 10:57.520]  In California, there's 39 million. At year end 2016, the last year I could find numbers for, Texas housed more prisoners than any other state in the union at 218,500 with California second at 202,000.
[10:57.520 --> 11:08.520]  We have 10 million less people than California and 16,000 more prisoners.
[11:08.520 --> 11:24.520]  80% of all people arrested in Texas request court appointing counsel. 60% are approved. In 2018, Texas spent 265 million on indigent defense.
[11:24.520 --> 11:41.520]  And according to the very, this is very Institute of Justice, the cost to the state of Texas, I'm sorry, let me step back. Pre-child detainees are all held in county jails.
[11:41.520 --> 11:54.520]  70% of all people in the county jails are there pre-trial. They've never been convicted of a crime. They're all waiting for a trial.
[11:54.520 --> 12:19.520]  70%. When I saw that number, I said, holy moly, that is the key number. 70%. That is insane. The cost to the state of Texas for pre-trial jail beds is $900 million.
[12:19.520 --> 12:33.520]  This is the house people that's never been convicted of a crime. So how does this happen? It happens because we no longer have a speedy trial right.
[12:33.520 --> 12:45.520]  We have the semblance of a speedy trial right. All in this time, if you've been listening to my show, I've been complaining about no examining trial.
[12:45.520 --> 12:57.520]  Well, no examining trial is part of the mix of this problem. But it's not as big a part of the mix as I thought it was.
[12:57.520 --> 13:20.520]  Turns out, speedy trial act, that's the biggest part of this mix. The speedy trial act, 3202A, Texas Code of Criminal Procedure, used to say that if a person had to be brought to jail, brought to trial on a misdemeanor within 30 days,
[13:20.520 --> 13:36.520]  class C, class B90, class A120, felony 180. All that's gone. The state can take as much time as it wants to, as long as you don't complain, or they can show some cause.
[13:36.520 --> 13:51.520]  What that did was put the prosecutor in a position such that anyone who gets accused of a crime, if they get bailed out, he can take as much time as he wants to.
[13:51.520 --> 14:01.520]  He can call them into court as often as he wants to, to threaten them and shake them down and squeeze them to try to force a deal out of them.
[14:01.520 --> 14:18.520]  If they can't make bail, he just leaves them in jail. He leaves them there long enough that they lose their job, they lose their car, they lose their place to live, they lose everything.
[14:18.520 --> 14:31.520]  No matter how innocent you think you are, eventually you'll take a deal just to get out of jail. This allows the prosecutor to clear his docket.
[14:31.520 --> 14:49.520]  It created a cascade of problems. The police know that if they arrest someone, you've probably heard police complain that if I arrest some guy, he's going to be on the street before I finish my paperwork.
[14:49.520 --> 15:08.520]  The prosecutor is going to take whatever I charge him with and deal it down to nothing. The police, in order to ensure justice, they charge the highest thing they can think of because they know the prosecutor is going to deal it down.
[15:08.520 --> 15:24.520]  And then the guy gets, he does almost nothing. He gets pulled over and if he says two words to the policeman he doesn't like, he gets, you didn't pull over fast enough, like to evade.
[15:24.520 --> 15:43.520]  Oh, you didn't identify yourself. Failure to identify. Both of them claspy felonies. I'm sorry, claspy misdemeanors. Get you up six months in jail. Then throw them in jail until they make it, until they deal it down and make it, make a deal, go on probation.
[15:43.520 --> 16:01.520]  In 2003, the governor's criminal justice commission complained that this process of the prosecutor forcing everyone to take a deal is putting people on probation that should never have been prosecuted.
[16:01.520 --> 16:25.520]  And if they break probation, it mandates jail time and that's what was overcrowding the jail. Or no, it wasn't. What was overcrowding the jails is that the prosecutor was putting people in jail that couldn't afford bail and letting them languish there until they made a deal.
[16:25.520 --> 16:31.520]  And then when they made the deal, they always wound up on probation.
[16:31.520 --> 16:42.520]  And what they weren't talking about was what it was costing the counties. 900 million a year.
[16:42.520 --> 16:50.520]  So we're making a proposal to the commissioners court. How do we fix this?
[16:50.520 --> 16:59.520]  Defense counsel, they don't care. Defense counsel gets appointed to represent this guy. He gets his money.
[16:59.520 --> 17:21.520]  Thank you guys.
[17:21.520 --> 17:36.520]  We're making a proposal to the commissioners court.
[17:36.520 --> 17:51.520]  Go to Craig's traffic seminar and get 10 chances to win. If you've enjoyed the shows on Logos Radio Network, support our fundraiser so we can keep bringing you the best quality programming on talk radio today. We also accept Bitcoin and other cryptocurrencies.
[17:51.520 --> 18:01.520]  And remember, every $25 donation is a chance to win. Go to logosradionetwork.com for details and donate today.
[18:01.520 --> 18:15.520]  Logos Radio Network welcomes a new show to our lineup for the new year. Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. Central Time. Our goal is in accord with Matthew 516.
[18:15.520 --> 18:26.520]  Let your light so shine before men that they may see your good works and glorify your Father which is in heaven. We wish to reflect God's light and be a blessing to all those with a hearing ear.
[18:26.520 --> 18:34.520]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed to provoke unto love and good works.
[18:34.520 --> 18:48.520]  Our verse by verse Bible studies will begin in the book of Matthew where we will discuss one chapter per week. Our topical Bible studies will vary each week and will explore sound doctrine as well as Christian character development.
[18:48.520 --> 19:00.520]  So mark your calendar and join us live on logosradionetwork.com Wednesdays from 8 to 10 p.m. starting January 8th for an inspiring and motivating discussion of the Scriptures.
[19:00.520 --> 19:22.520]  You are listening to the Logos Radio Network. Logosradionetwork.com
[19:22.520 --> 19:32.520]  Logosradionetwork.com
[19:52.520 --> 20:02.520]  Logosradionetwork.com
[20:22.520 --> 20:34.520]  Logosradionetwork.com
[20:34.520 --> 21:00.520]  Logosradionetwork.com
[21:00.520 --> 21:24.520]  I think I got this figured out. Whether or not these problems were created on purpose, if we're going to schmooze these guys into adopting some policies that will affect a remedy, we can't go in there and accuse them of deliberately making this mess, whether they are or not.
[21:24.520 --> 21:40.520]  I personally don't think they are. I think that prosecutors, the legislature in its wisdom, decided that we have learning counsel in public employ.
[21:40.520 --> 21:53.520]  And we might as well use that learning counsel to give legal advice to the lower courts and the police.
[21:53.520 --> 22:01.520]  Which ends up really, really, really bad idea.
[22:01.520 --> 22:14.520]  Do you really expect prosecuting attorneys to advise the police and lower courts in practicing procedures that will make their lives a living hell?
[22:14.520 --> 22:29.520]  Now, I'm not saying they did this on purpose. What I'm saying is, is this prosecutor sitting here and he's got this stack of cases on his desk, he needs to clear his docket.
[22:29.520 --> 22:47.520]  So when the police and the courts come to him and ask him about procedure, he's going to advise them in practices and procedures that ease the prosecutorial burden that allows them to move these cases through the courts.
[22:47.520 --> 23:07.520]  And over a period of time, through a series of seemingly minor adjustments toward administrative convenience and adjudicative expediency, we have created a circumstance that had ramifications we did not expect.
[23:07.520 --> 23:12.520]  The prosecutors were just trying to clear the docket.
[23:12.520 --> 23:17.520]  The police, when they arrest people, they're out there to protect the public.
[23:17.520 --> 23:22.520]  And they arrest these bad guys and the prosecutor gives them down to nothing.
[23:22.520 --> 23:32.520]  They made adjustments to try to add some remedy or some equity back into the criminal laws.
[23:32.520 --> 23:39.520]  Trying to make it worse than it really is so that they'll hope for some punishment to happen.
[23:39.520 --> 23:44.520]  Yeah, exactly. And police aren't doing this because they're bad guys.
[23:44.520 --> 23:48.520]  They're trying to balance out the system.
[23:48.520 --> 24:01.520]  The prosecutors, when they advised the police to take people directly to jail instead of to a magistrate, they took out a key element.
[24:01.520 --> 24:05.520]  They took out something that even the prosecutor needed.
[24:05.520 --> 24:14.520]  At an examining trial, the accused gets an opportunity to enter exculpatory evidence.
[24:14.520 --> 24:20.520]  So it turned out that the prosecutor only got what the policeman told him.
[24:20.520 --> 24:23.520]  That's all he had to work from.
[24:23.520 --> 24:32.520]  And they know there's another side to this story, but they don't have access to it because they're not doing examining trials anymore.
[24:32.520 --> 24:36.520]  So we're offering this questionnaire.
[24:36.520 --> 24:44.520]  The questionnaire will create an audit of the case and provide that exculpatory evidence so that the prosecutor can make a better deal.
[24:44.520 --> 24:50.520]  Some cases he can just, he has plausible deniability to just dismiss.
[24:50.520 --> 24:53.520]  He gets this thing off his plate.
[24:53.520 --> 24:58.520]  I talked to my prosecutor once and he was distraught.
[24:58.520 --> 25:03.520]  I came into his office and he's got his head in his hand and I said, what's the matter, Greg?
[25:03.520 --> 25:09.520]  Those darn grand jurors, you never know what they're going to do.
[25:09.520 --> 25:11.520]  And I thought that was great.
[25:11.520 --> 25:15.520]  I raised up both hands, looked at the ceiling and said, there is a God.
[25:15.520 --> 25:17.520]  But he explained.
[25:17.520 --> 25:20.520]  They caught a drug dealer that I even knew his name.
[25:20.520 --> 25:24.520]  And I don't have anything to do with drugs, but I knew this guy's name, Joe De Villa.
[25:24.520 --> 25:28.520]  Caught him with enough to charge him with the distribution.
[25:28.520 --> 25:35.520]  And then this lawyer got his bar card, had a big party, got popped for DUI on the way home.
[25:35.520 --> 25:39.520]  He said, I did not want to present this kid.
[25:39.520 --> 25:45.520]  I didn't want to ruin his career, but this is my job.
[25:45.520 --> 25:47.520]  He presented them.
[25:47.520 --> 25:49.520]  They know build a drug dealer.
[25:49.520 --> 25:51.520]  They true build a lawyer.
[25:51.520 --> 25:53.520]  He was distraught.
[25:53.520 --> 25:58.520]  So prosecutors, you know, they struggle with what they're doing.
[25:58.520 --> 26:04.520]  But mainly they got this huge case log they're trying to get rid of.
[26:04.520 --> 26:08.520]  And they made adjustments to help him clear the case log.
[26:08.520 --> 26:14.520]  The police made adjustments to help ensure people got that the bad guys got punished.
[26:14.520 --> 26:19.520]  The magistrates, they didn't know what the heck was going on.
[26:19.520 --> 26:23.520]  He's bringing anybody to him for an examining trial.
[26:23.520 --> 26:27.520]  And for the most part, magistrates are not lawyers, so they don't know any better.
[26:27.520 --> 26:31.520]  This thing just got out of hand.
[26:31.520 --> 26:33.520]  So how do we fix it?
[26:33.520 --> 26:40.520]  We can go in there and try to beat up the prosecutors and the police, but that's not going to help.
[26:40.520 --> 26:45.520]  Where can we throw something into the works that will cause a correction?
[26:45.520 --> 26:55.520]  Primarily that questionnaire, that questionnaire will notify the accused of all of their rights.
[26:55.520 --> 27:03.520]  And it will produce all of the documents indicated by their answers to the questions.
[27:03.520 --> 27:09.520]  It will also produce exculpatory evidence for the prosecutor.
[27:09.520 --> 27:11.520]  So that's one part of it.
[27:11.520 --> 27:21.520]  And another part, it will produce a bail form, constitutional bail.
[27:21.520 --> 27:27.520]  Right now, for the most part, the jails don't know anything about bail.
[27:27.520 --> 27:32.520]  Maybe you can tell a difference between bail and bond.
[27:32.520 --> 27:37.520]  Yes, they think everybody gets bonded out.
[27:37.520 --> 27:41.520]  Well, bond is not a constitutional right.
[27:41.520 --> 27:43.520]  Bail is.
[27:43.520 --> 27:47.520]  Bail doesn't have any money involved.
[27:47.520 --> 27:51.520]  I started to say nothing to do with money, but actually it does.
[27:51.520 --> 28:06.520]  Bail is an agreement, a written agreement between the accused and the state wherein the accused pledges a claim against real property for double the amount of the bail.
[28:06.520 --> 28:12.520]  Does not involve the transfer of any funds.
[28:12.520 --> 28:23.520]  So if you have property in which you have equity, or your parents or friends or neighbors are willing to pledge a claim against their property, then you can get out without spending any money.
[28:23.520 --> 28:35.520]  If you don't have access to someone with real property, then as an alternative to bail, you can post a cash bond.
[28:35.520 --> 28:41.520]  The jails only know about bonds where they use bondsman.
[28:41.520 --> 28:47.520]  But because they call them bondsman, they misunderstand what it is.
[28:47.520 --> 28:51.520]  They're really bailmen.
[28:51.520 --> 28:54.520]  A bondsman does not bond you out.
[28:54.520 --> 29:00.520]  A bail, a bondsman enters into constitutional bail.
[29:00.520 --> 29:02.520]  He doesn't give the state any money.
[29:02.520 --> 29:08.520]  He pledges his equity and property against the bail amount.
[29:08.520 --> 29:10.520]  You can do the same thing.
[29:10.520 --> 29:14.520]  So you've got all these people sitting in jail that can't pay the bondsman.
[29:14.520 --> 29:30.520]  But they could put up constitutional bail and we wind up with 70% of the population in pretrial confinement costing the county's 900 million a year.
[29:30.520 --> 29:35.520]  And when we come back, we will talk about how to fix that.
[29:35.520 --> 29:37.520]  I've got a remedy for it.
[29:37.520 --> 29:41.520]  And I think it's pretty slick.
[29:41.520 --> 29:45.520]  It'll be hard for them to argue against it.
[29:45.520 --> 29:52.520]  And it doesn't involve any new law or interfering with any jurisdictions that exist.
[29:52.520 --> 29:53.520]  Hang on.
[29:53.520 --> 30:01.520]  We'll be right back.
[30:01.520 --> 30:06.520]  Businesses ask you for a lot of personal information and you may trust them to keep it safe.
[30:06.520 --> 30:11.520]  But it turns out that even the most trusted companies may be unwittingly revealing your secrets.
[30:11.520 --> 30:15.520]  I'm Dr. Katherine Albrecht and I'll be right back with details.
[30:15.520 --> 30:17.520]  Privacy is under attack.
[30:17.520 --> 30:21.520]  When you give up data about yourself, you'll never get it back again.
[30:21.520 --> 30:25.520]  Once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.520 --> 30:27.520]  So protect your rights.
[30:27.520 --> 30:31.520]  Say no to surveillance and keep your information to yourself.
[30:31.520 --> 30:33.520]  Privacy, it's worth hanging on to.
[30:33.520 --> 30:37.520]  This public service announcement is brought to you by StartPage.com.
[30:37.520 --> 30:41.520]  The private search engine alternative to Google, Yahoo and Bing.
[30:41.520 --> 30:44.520]  Start over with StartPage.
[30:44.520 --> 30:51.520]  Data privacy is a big deal, so nearly every company has a policy explaining how they handle your personal information.
[30:51.520 --> 30:54.520]  But what happens if it escapes their control?
[30:54.520 --> 30:55.520]  It's not an idle question.
[30:55.520 --> 31:03.520]  According to a recent survey, a shocking 90% of U.S. companies admit their security was breached by hackers in the last year.
[31:03.520 --> 31:07.520]  That's one more reason you should trust your searches to StartPage.com.
[31:07.520 --> 31:11.520]  Unlike other search engines, StartPage doesn't store any data on you.
[31:11.520 --> 31:15.520]  They've never been hacked, but even if they were, there would be nothing for criminals to see.
[31:15.520 --> 31:17.520]  The cupboard would be bare.
[31:17.520 --> 31:20.520]  Too bad other companies don't treat your data the same way.
[31:20.520 --> 31:22.520]  Come back to Catherine Albrecht.
[31:22.520 --> 31:30.520]  More news and information at CatherineAlbrecht.com.
[31:30.520 --> 31:31.520]  I lost my son.
[31:31.520 --> 31:32.520]  My uncle.
[31:32.520 --> 31:33.520]  My uncle.
[31:33.520 --> 31:34.520]  My son.
[31:34.520 --> 31:35.520]  On September 11, 2000.
[31:35.520 --> 31:38.520]  Most people don't know that a third tower fell on September 11.
[31:38.520 --> 31:43.520]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:43.520 --> 31:44.520]  I will.
[31:44.520 --> 31:47.520]  The official explanation is that fire brought down Building 7.
[31:47.520 --> 31:51.520]  Over 1,200 architects and engineers have looked into the evidence.
[31:51.520 --> 31:53.520]  And believe there is more to the story.
[31:53.520 --> 31:54.520]  Bring justice to my son.
[31:54.520 --> 31:55.520]  My uncle.
[31:55.520 --> 31:56.520]  My nephew.
[31:56.520 --> 31:57.520]  My son.
[31:57.520 --> 31:58.520]  Go to buildingwatch.org.
[31:58.520 --> 32:01.520]  Why it fell, why it matters, and what you can do.
[32:01.520 --> 32:05.520]  Rule of law radio is proud to offer the rule of law traffic similar.
[32:05.520 --> 32:09.520]  In today's America, we live in an us against them society, and if we, the people, are ever
[32:09.520 --> 32:13.520]  going to have a free society, then we're going to have to stand and defend our own rights.
[32:13.520 --> 32:16.520]  Among those rights are the right to travel freely from place to place, the right to act
[32:16.520 --> 32:20.520]  in our own private capacity, and most importantly, the right to due process of law.
[32:20.520 --> 32:24.520]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:24.520 --> 32:26.520]  our rights through due process.
[32:26.520 --> 32:29.520]  Former sheriff's deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the
[32:29.520 --> 32:33.520]  most comprehensive teaching tool available that will help you understand what due process
[32:33.520 --> 32:35.520]  is and how to hold courts to the rule of law.
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[32:39.520 --> 32:40.520]  ordering your copy today.
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[32:50.520 --> 32:54.520]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
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[32:59.520 --> 33:06.520]  Live Free Speech Radio, LogosRadioNetwork.com
[33:29.520 --> 33:36.520]  Live Free Speech Radio, LogosRadioNetwork.com
[33:36.520 --> 33:43.520]  Live Free Speech Radio, LogosRadioNetwork.com
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[33:57.520 --> 33:59.520]  Ok, we are back.
[33:59.520 --> 34:02.520]  If I can get my phaser to work.
[34:02.520 --> 34:03.520]  Ok, phaser's working.
[34:03.520 --> 34:12.640]  working. Randy Kelton, Brett Fountain, Rule of Law Radio on this, the sixth day of February 2020.
[34:13.520 --> 34:23.600]  And we're talking about a fix that we slide it in on them. They don't, the prosecutors and the
[34:23.600 --> 34:32.800]  police and all of them don't see it coming, except over the break, Brett brought me a
[34:33.840 --> 34:38.960]  statute that I had read years ago and I forgot about it, which would be very helpful. I'll get
[34:38.960 --> 34:47.680]  to that in a minute. Okay, we'll go to the kind of commissioners court. So you guys, 70% of the
[34:47.680 --> 34:57.680]  people in your jail that you pay for are there on pretrial release. And the prosecutor is using
[34:58.560 --> 35:02.480]  incarceration as a way to pressure these people into making a deal.
[35:04.800 --> 35:13.600]  And now I'm looking at, see, we had the Speedy Trial Act, 3202A, Texas Code of Criminal Procedure.
[35:13.600 --> 35:17.200]  And it said if someone wasn't brought to trial within 30 days on a
[35:18.880 --> 35:28.720]  classy misdemeanor, 60 on a Class B, 90 Class A, 180 days on a felony, they had a right to dismissal.
[35:30.000 --> 35:40.160]  And the Texas Supreme said that's unconstitutional because the legislature
[35:40.160 --> 35:50.800]  was dictating a judicial determination. So they overturned the Speedy Trial Act. And for years,
[35:50.800 --> 35:56.640]  they never changed it. They didn't fix it. And I just checked it recently. And the legislature
[35:56.640 --> 36:04.800]  has rewritten the Speedy Trial Act. So it has no limitations in it. It just says you have a right
[36:04.800 --> 36:12.240]  to Speedy Trial, no numbers at all. Leaves it all fuzzy for whether or not it's actually a Speedy
[36:12.240 --> 36:19.120]  or not. Yeah, there's nothing that you can hang a hat on. So it was worthless. I didn't,
[36:20.240 --> 36:30.800]  Brett just brought me 17.151, a defendant who is detained in jail, pending trial of an accusation
[36:30.800 --> 36:37.440]  against him must be released either on personal bond or by reducing the amount of bail required
[36:37.440 --> 36:42.880]  if the state is not ready for trial of the criminal accusation for which he's being detained within
[36:42.880 --> 36:48.960]  90 days from the commencement of his detention if he's accused of a felony. Holy mackerel.
[36:50.080 --> 36:56.400]  30 days from the commencement of his detention if he is accused of a misdemeanor punishable by
[36:56.400 --> 37:03.600]  sentence of imprisonment in jail more than 180 days. That's a classic misdemeanor. 15 days from
[37:03.600 --> 37:08.640]  the commencement of his detention if he is accused of a misdemeanor punishable by sentence of
[37:08.640 --> 37:14.960]  imprisonment for 180 days through less. Five days from the commencement of his detention if he is
[37:14.960 --> 37:23.440]  accused of a misdemeanor punishable by fine only. Wonderful. That adds a powerful tool that I can use.
[37:23.440 --> 37:32.640]  What I will do is take this and add it into my questionnaire. Are you in jail? Yes.
[37:33.360 --> 37:41.040]  Are you charged with a felony? Yes. Have you been in jail in excess of 90 days? Yes. It spits out
[37:41.040 --> 37:53.840]  a motion to reduce bail or release on personal recognizance for denialist feeding trial. The
[37:53.840 --> 38:04.880]  main thing we want to go to the county commissioners court and get them to pay court appointed counsel
[38:04.880 --> 38:14.720]  differently. Right now if you're stuck in jail it is not in court appointed counsel's best interest
[38:14.720 --> 38:22.800]  to get you out of jail. If court appointed counsel gets you out of jail you're going to expect him
[38:22.800 --> 38:30.480]  to do something to make this case go away. If you stay stuck in jail the court appointed counsel
[38:30.480 --> 38:39.120]  is relatively sure that the prosecutor will force you into taking a deal. When you take a deal he
[38:39.120 --> 38:45.440]  doesn't have to do anything. His job is done he goes into the next client. He gets his money
[38:45.440 --> 38:52.080]  without doing anything so it's in his best interest to let the prosecutor's attorney screw your royal.
[38:52.080 --> 39:03.920]  But he's also screwing the county's royal because it's costing the county $59 a day
[39:04.640 --> 39:15.040]  to hold you in jail. So we had a case recently in Galveston where a court appointed counsel
[39:15.040 --> 39:23.520]  sent a bill to the court for $1,500 for a representation on a felony and the court
[39:23.520 --> 39:28.720]  refused to pay it cut in half. They cut all of his bills in half so he sued him.
[39:30.720 --> 39:37.360]  And I look at that and I said this is insane. Let's say a guy gets arrested and he's charged
[39:37.360 --> 39:46.800]  with something that the prosecutor offers him a deal that'll get him a year in jail. If court
[39:46.800 --> 39:56.880]  appointed counsel can pressure the prosecutor to lower that to six months he just saved the
[39:56.880 --> 40:11.040]  county commissioner's court $10,000. So change the way you pay court appointed counsel. Pay them
[40:11.040 --> 40:21.200]  a stipend based on the amount of time they can shave off the prosecutor's original deal.
[40:21.200 --> 40:28.000]  If the prosecutor wants a year and you get six months you just saved the county $10,000.
[40:28.000 --> 40:36.320]  So to pay you an extra grand is jump change. That's not costing you anything. It's saving
[40:36.320 --> 40:42.960]  your money. So we try to convince the commissioners court to look at court appointed counsel
[40:42.960 --> 40:50.960]  differently. Give court appointed counsel an incentive to clear out this case quickly.
[40:52.160 --> 40:58.240]  I liked it. Then they'll stop with all this motion for continuance and postpone it until
[40:58.240 --> 41:01.520]  later later. Let's me get some more billable hours in to think about it.
[41:01.520 --> 41:14.480]  Let's say okay it's costing us $59 a day. Let's say if you can get this person out in
[41:15.360 --> 41:22.000]  half the time say he was looking at you know we look at the average of how people are
[41:22.000 --> 41:35.680]  incarcerated now. We'll get us an average for felony misdemeanor class A class B class C misdemeanor.
[41:37.120 --> 41:46.160]  If you can cut that time in half then we will count the number of days we're paying $59 a day.
[41:46.160 --> 41:56.400]  We'll pay you $5 a day. You can cut off his time in jail. Extra. We're going to pay you X amount
[41:56.400 --> 42:07.280]  anyway. So you shave his stay in our jail down. We'll pay you by how many how much you save us.
[42:07.280 --> 42:17.040]  Now court appointed counsel has reason to move this case along and has reason to shorten your
[42:17.040 --> 42:25.200]  stay in jail because it's shorter your stay the more money he gets. That's what we're pushing for.
[42:26.000 --> 42:35.360]  And then we can take $17,151 to these lawyers and say here you go guys an easy way
[42:35.360 --> 42:46.080]  to take the load off the county. You can get them popped out in 90, 30, 15, five days.
[42:47.520 --> 42:53.360]  And then based on the prior averages you could make so much extra money.
[42:55.760 --> 42:58.320]  Last most story and I'm sticking to it.
[42:58.320 --> 43:05.280]  I think we can smooth them into doing that. We're not going to tell them.
[43:06.240 --> 43:13.120]  What's going to and well the other thing is using our questionnaire will highlight motions
[43:13.120 --> 43:20.960]  and pleadings that the defense counsel can use in the defense of their client.
[43:20.960 --> 43:29.120]  And for court appointed counsel, we will provide these documents no charge.
[43:31.280 --> 43:39.120]  We got other ways of making our money. Hang on. About to go to our sponsors.
[43:40.240 --> 43:46.320]  This is a good time to check out our sponsors. Check out Eddie's traffic seminar and Dr. Graves
[43:46.320 --> 43:57.600]  jurisdiction and oh yeah the best one. Randy's ebook. Legal 101 and help us support this station.
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[44:59.520 --> 45:06.080]  logos. Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney
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[45:24.960 --> 45:32.400]  by step course and now you can too. Jurisdictionary was created by a licensed attorney with 22 years
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[46:52.400 --> 47:02.400]  Music
[47:02.400 --> 47:12.400]  Music
[47:12.400 --> 47:20.400]  Music
[47:20.400 --> 47:30.480]  Okay, we are back, Brandy Kelton, Brett Fountain, rule of law radio on this, the sixth day of
[47:30.480 --> 47:42.880]  February, 2020. And Brett, you had a question you wanted to ask about civil rules.
[47:42.880 --> 47:54.080]  Yeah, a lot of times we have lawyers who don't want to go through, like, discovery. They don't
[47:54.080 --> 48:00.960]  want to respect the fact that they need to answer a discovery request for admissions, for example,
[48:00.960 --> 48:09.200]  or all kinds of things that are in the civil rules. And the criminal rules don't say anything
[48:09.200 --> 48:15.440]  about that. So we're supposed to be able to expect that anything in the civil rules applies
[48:15.440 --> 48:21.680]  wherever those criminal rules don't have something conflicting. But how do we get them to, I don't
[48:21.680 --> 48:27.040]  know if they're just absolutely incompetent or if they're lazy and they don't want to deal with it
[48:27.040 --> 48:35.840]  and they just want to tell us to go away? What do we do with that? Well, the code of criminal
[48:35.840 --> 48:47.920]  procedure is extremely limited. It is actually a subset of the rules of civil procedure that goes
[48:47.920 --> 48:54.080]  specifically to criminal. There's nothing in the rules of civil procedure, I mean the code of criminal
[48:54.080 --> 49:06.240]  procedure that authorizes a lawyer to file a motion to make an objection to do much of anything.
[49:07.680 --> 49:15.920]  Right. You lose calculate days. Yeah, objection. There's nothing in the rules of civil procedure.
[49:15.920 --> 49:22.160]  I mean, the code of criminal procedure allows this prosecutor to present
[49:22.160 --> 49:28.320]  motions to the court. If it doesn't apply, it doesn't apply.
[49:30.080 --> 49:34.880]  There's no way to have a court without rules of civil procedure.
[49:38.800 --> 49:48.320]  So when the lawyer makes that argument, then, okay, he's a public official. He may only do
[49:48.320 --> 49:53.520]  what the law specifically authorizes him to do. Where does the code of civil procedure
[49:53.520 --> 49:57.760]  authorize you to present an argument to this court?
[50:01.440 --> 50:05.200]  Or even file a motion for continuance. Seems to be their favorite thing to do.
[50:08.000 --> 50:12.080]  Objection. There's nothing in the code of civil procedure that authorizes
[50:12.080 --> 50:19.600]  a prosecutor to file a motion. You mean criminal. I'm sorry, criminal. I keep seeing civil.
[50:20.960 --> 50:27.120]  That one, that is absolutely a ridiculous argument. Anybody who hears that should
[50:27.120 --> 50:35.360]  ask for sanctions or ask for a continuance so that I can go to the state bar website
[50:35.360 --> 50:42.160]  and file a bar grievance against this lawyer. That'll get his attention
[50:44.080 --> 50:50.000]  for making a frivolous argument. There's just no way possible to hold
[50:51.600 --> 50:57.760]  any kind of trial without rules of civil procedure.
[50:57.760 --> 51:06.080]  But I know there's case law out there. There's something out there that says
[51:07.120 --> 51:18.000]  that when the rules of the code of criminal procedure doesn't address an issue,
[51:18.960 --> 51:24.320]  then the rules of civil procedure apply. I remember reading it.
[51:24.320 --> 51:27.840]  Well, I've seen where it says the common law applies.
[51:29.280 --> 51:38.480]  And so the common law could mean a broader brush. We don't have common law anymore.
[51:42.080 --> 51:48.640]  So we have to find some case law that explains what common law means.
[51:48.640 --> 51:59.120]  Okay. We're going to have to address that. We need to research that. Okay, we have
[52:02.160 --> 52:07.600]  some callers stacking up over here. Okay, and we've got one in particular,
[52:07.600 --> 52:14.880]  B.J. from Taxes. B.J., I understand that you have some crowing to do.
[52:14.880 --> 52:26.720]  Yeah, I got some good news. I found out today that a ticket that I had out in Rockwell County
[52:26.720 --> 52:36.160]  is disposed of and it was magic. So give us some background.
[52:36.160 --> 52:44.160]  All right. Almost two years ago, I got two tickets, one stop in Rockwell County,
[52:45.200 --> 52:53.680]  one for a vertical license plate, and speeding, 42 and a 35, I think it was.
[52:54.960 --> 53:01.680]  And... Vertical license plate. Wasn't that on your trailer? You had a trailer and it had a
[53:01.680 --> 53:07.600]  vertical license plate because of the position of it. Yeah, the spare tire carrier that I welded up
[53:07.600 --> 53:15.280]  from some strap metal and stuck a big tire on it. And then there was only a vertical post on it.
[53:15.280 --> 53:20.000]  So I strapped the... Otherwise, the spare tire would block the plate completely if I left it
[53:20.000 --> 53:25.120]  in the original place. I'll put it on the outside of the tire because I'm trying to be in compliance
[53:25.120 --> 53:32.720]  with the law. And I actually got two different tickets from two different places, went to trial
[53:32.720 --> 53:44.480]  on both and beat them both. Where does the code say how the plate must be affixed?
[53:45.680 --> 53:51.360]  It doesn't, is what is funny. It mentions it in the Texas Administrative Code,
[53:51.360 --> 53:55.360]  but not in the Transportation Code.
[53:57.040 --> 53:59.360]  What does it say in the Administrative Code?
[54:01.680 --> 54:06.160]  I forget what the reference is. I think it's 217 something.
[54:09.520 --> 54:11.600]  But the Administrative Code is not for...
[54:13.760 --> 54:18.800]  I understand. What I'm trying to get is, does it specifically say that the
[54:18.800 --> 54:23.440]  license plate must be oriented in a specific way?
[54:24.720 --> 54:32.560]  Yeah, it does. It says it must be horizontal and no more than...
[54:32.560 --> 54:40.720]  no less than 12 inches from the ground, et cetera, et cetera. Or as close as reasonably possible.
[54:40.720 --> 54:46.640]  It said no less than 12 inches? Yeah.
[54:47.600 --> 54:52.080]  I've got an avalanche and I think mine is higher than 12 inches.
[54:52.880 --> 54:54.640]  Well, no, higher... Maybe I should...
[54:57.600 --> 55:03.600]  I should take it off and put it on a chain so it hangs down under my bumper and flops in the wind.
[55:05.600 --> 55:09.040]  Well, I've been pulled over for that too, obstruction of the license plate,
[55:09.040 --> 55:10.880]  because I had a dent at license plate.
[55:14.240 --> 55:18.560]  Wait, it had a dent and they called the dent an obstruction?
[55:20.080 --> 55:26.480]  Yeah, I had a cruiser almost rear-end me trying to read my plate in Rockwell to no less.
[55:26.480 --> 55:33.120]  And I used my license plate on my pickup truck as a trailer finder. I would just back up and hit
[55:33.120 --> 55:41.760]  the trailer and then... Yeah, mine too. It's kind of caved in there. It'll shoot the trailer
[55:41.760 --> 55:46.880]  to the middle so it lands on the ball. Exactly, right? And he knows what I'm talking about.
[55:48.720 --> 55:54.880]  Anybody who backs up to trailers very often will recognize that phenomenon.
[55:54.880 --> 56:03.840]  Yeah, most of my police travels are revolved around license plates at some point.
[56:04.720 --> 56:10.720]  It seems... Okay, you have to go to trafficticket.website.
[56:12.160 --> 56:18.240]  Put in your ticket information and it will spit you out a whole bunch of documents,
[56:18.240 --> 56:25.520]  most of which you do not need at this point. But there are two documents that will print you out.
[56:25.520 --> 56:31.440]  One of them is first-degree felony aggravated assault against the officer for stopping you in
[56:31.440 --> 56:45.120]  the first place. The second one is a TECO complaint. Texas Commission on Law Enforcement.
[56:45.120 --> 56:51.200]  Well, BJ's already been beating him up really good. But he hadn't got to the good part yet
[56:51.200 --> 56:56.480]  here about his good news. Okay, go ahead. I'll shut up.
[56:57.520 --> 57:04.240]  Well, so I went to the jury trial for speeding and vertical license plate.
[57:05.920 --> 57:12.720]  And before the trial began, I filed a disqualification motion on the JP judge
[57:12.720 --> 57:23.760]  which he ignored completely. He denied his own disqualification and proceeded the trial anyway.
[57:24.800 --> 57:32.720]  So, you know, I prepared nothing for a trial or picking a jury or anything at all.
[57:33.920 --> 57:39.520]  And there are seven people from the prosecution in there all working against me.
[57:39.520 --> 57:46.960]  And this is the first jury trial I've ever been a defendant in. So anyway, I go along with it,
[57:48.080 --> 57:54.640]  cross-examining the deputy that wrote me the ticket. I get him to admit on the stand that it was
[57:56.240 --> 58:03.520]  bogus because my license plate was both reasonably placed and as close as possible to
[58:03.520 --> 58:13.840]  the position of the law stated. And then they found me guilty of beating and issued me a fine
[58:13.840 --> 58:22.560]  of $70 instead of $200. So immediately I told the judge, well, I'm going to appeal this clearly.
[58:23.360 --> 58:28.880]  And then I set to work trying to get the verdict over.
[58:28.880 --> 58:33.520]  Okay, okay, wait, wait, hold on. We're about to go to our sponsors.
[58:35.120 --> 58:39.600]  Okay, Brad, will you take us out? I'm screwing this all up.
[58:42.400 --> 58:44.000]  Sure, we will be right back.
[58:46.000 --> 58:47.120]  That was eloquent.
[58:50.320 --> 58:54.000]  The Bible remains the most popular book in the world.
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[59:45.440 --> 59:55.440]  at freestudybible.com. That's freestudybible.com. You're listening to the Logos Radio Network
[59:56.400 --> 01:00:04.640]  at LogosRadioNetwork.com. The following use flash is brought to you by the Lone Star Lowdowns.
[01:00:06.480 --> 01:00:12.640]  Markets for Monday the 22nd of July 2019 open with precious metals, gold at $1,429
[01:00:12.640 --> 01:00:20.960]  an ounce, silver at $16.45 an ounce, copper at $2.75 an ounce, oil at $55.63 a barrel,
[01:00:20.960 --> 01:00:29.280]  Brent Crude at $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core at $10,566.52,
[01:00:29.280 --> 01:00:40.080]  Ethereum at $227.26, XRP Ripple at $0.33, Litecoin at $100.31, and Bitcoin Cash at $324.10
[01:00:40.080 --> 01:00:41.680]  a crypto coin.
[01:00:46.080 --> 01:00:52.640]  Today in history the year 1916 the preparedness day bombing a time suitcase bomb was detonated
[01:00:52.640 --> 01:00:57.600]  on Market Street in San Francisco during the World War I preparedness day parade
[01:00:57.600 --> 01:01:00.480]  killing 10 and injuring 40. Today in history.
[01:01:04.720 --> 01:01:09.280]  And recent news since Governor Greg Abbott signed House Bill 1325 legalizing
[01:01:09.280 --> 01:01:13.920]  heaven attacks law back in June. County prosecutors around the state including Houston,
[01:01:13.920 --> 01:01:18.320]  Austin, San Antonio have been dropping marijuana possession charges and even refusing to file
[01:01:18.320 --> 01:01:22.880]  new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:01:22.880 --> 01:01:28.000]  to test the earth for THC. Margaret Moore the Travis County District Attorney announced earlier
[01:01:28.000 --> 01:01:32.640]  this month that she was dismissing 32 felony possession and delivery of marijuana cases
[01:01:32.640 --> 01:01:37.280]  because of the law. Mr. Abbott and other state officials including the Attorney General stipulated
[01:01:37.280 --> 01:01:42.320]  in a letter to County District attorneys back on Thursday that marijuana has not been decriminalized
[01:01:42.320 --> 01:01:48.560]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works as well
[01:01:48.560 --> 01:01:55.120]  as other cities too like the District Attorney in El Paso, Cayman Esparza a Democrat who also
[01:01:55.120 --> 01:01:59.920]  stated earlier this month that the law quote will not have an effect on the prosecution of
[01:01:59.920 --> 01:02:05.280]  marijuana cases in El Paso. However the issue was succinctly summarized by Mr. Brandon Ball
[01:02:05.280 --> 01:02:10.400]  an assistant public defender in Harris County who stated that quote the law is constantly changing
[01:02:10.400 --> 01:02:14.720]  on what makes something illegal based on its chemical makeup. It's important that if someone
[01:02:14.720 --> 01:02:24.320]  is charged with something the test matches what they're charged with. A paper by Tulane University
[01:02:24.320 --> 01:02:29.040]  identified a five and a half inch American pocket shark as the first of its kind in the
[01:02:29.040 --> 01:02:35.280]  Gulf of Mexico the specimen being only the second pocket shark ever captured or recorded with the
[01:02:35.280 --> 01:02:40.320]  other one being found way back in 1979 in the East Pacific Ocean. According to the university
[01:02:40.320 --> 01:02:46.800]  paper the shark secretes a luminous fluid from a gland near its front fins for the purpose it is
[01:02:46.800 --> 01:02:59.600]  hypothesized to lure and prey who may be drawn into the globe. This is Ruth Roddy with your lowdown for July 22nd 2019.
[01:03:46.800 --> 01:04:10.160]  Okay we are back this is the rule of law radio. Randy Kelton I'm Brett Fountain
[01:04:10.160 --> 01:04:18.400]  and this is the 6th of February 2020. We're talking with BJ right now. BJ is telling us
[01:04:19.600 --> 01:04:31.680]  his good news. BJ continues. Yeah so I had a judge that was disqualified hold a trial anyway
[01:04:31.680 --> 01:04:39.840]  which rendered in half of my ticket half of the two tickets being found not guilty the other
[01:04:39.840 --> 01:04:48.880]  one was found guilty so it was a void judgment and a regional presiding regional administrative
[01:04:48.880 --> 01:04:56.240]  judge ignored the disqualification hearing he had a duty to hold and then I filed criminal
[01:04:56.240 --> 01:05:02.640]  complaints on him with the appellate court the county court and then all of a sudden he dismissed
[01:05:04.240 --> 01:05:13.200]  my motion for disqualification and I filed a petition for a written mandamus to render the
[01:05:13.760 --> 01:05:22.880]  first judgment void and demand a hearing for disqualification appoint a new judge and have a
[01:05:22.880 --> 01:05:30.400]  new trial and then all of a sudden the ticket disappeared it doesn't exist anymore it just
[01:05:30.400 --> 01:05:38.160]  disappeared like literally funny gone off the book funny how that happens so
[01:05:40.320 --> 01:05:46.640]  so you think they were surprised by this do you think that they imagined that when you got it when
[01:05:46.640 --> 01:05:54.320]  you got a loose for $70 oh he'll probably just pay pay the $70 and be done right I think they were
[01:05:54.320 --> 01:06:02.640]  surprised when they told me that I was guilty they dismissed the jury and I told them I was going
[01:06:02.640 --> 01:06:09.120]  to appeal the case and that I had already filed a plea of indigence which means free appeals
[01:06:09.120 --> 01:06:17.120]  that the look on the judge's face was just priceless he looked defeated and pissed and just like
[01:06:18.000 --> 01:06:22.960]  his whole existence was a complete waste of time which is true it was a completely worthless
[01:06:22.960 --> 01:06:33.440]  process you still there it was say that again you kind of faded out bj no yeah the look on
[01:06:33.440 --> 01:06:39.360]  the judge's face was priceless when I told him I was going to appeal because it just showed that
[01:06:39.360 --> 01:06:45.840]  his whole all his illegal activities would go on to the next level which I called him out on
[01:06:46.560 --> 01:06:51.840]  and the whole court process is just a sham it was an embarrassment you threw a temper tantrum in
[01:06:51.840 --> 01:06:59.360]  front of the jury at least two different times and stormed out and he told me to hurry up when I
[01:06:59.360 --> 01:07:07.680]  was cross-examining the deputy on the stand and I objected and I said the this case will be determined
[01:07:07.680 --> 01:07:14.640]  by the facts in the law alone and not on the amount of time left on the clock and he got bright
[01:07:14.640 --> 01:07:29.920]  face ducked his head and uh he just like kind of mobile you're right and then just ran out of the room
[01:07:29.920 --> 01:07:42.000]  oh I love it this is why we do this show since we do this show we will take credit for all your
[01:07:42.000 --> 01:07:52.800]  good work bj really truly that's the kind of guys we are I found you about a year into my
[01:07:52.800 --> 01:08:00.560]  working on this case and it really made all the difference in just commiseration collaboration
[01:08:00.560 --> 01:08:10.400]  and cooperation to get it done so thank you well congratulations hopefully that encourages other
[01:08:10.400 --> 01:08:19.200]  people too to that they because it is a a lot of effort to stand up for your rights and you were
[01:08:19.200 --> 01:08:26.320]  no exception it takes a lot and you had to put a lot into it but you didn't pay the $70 instead
[01:08:26.320 --> 01:08:35.760]  you stood up for your rights I love it I got a question bj you saved 70 bucks do you feel like
[01:08:36.960 --> 01:08:46.000]  it was a good investment you know I feel like everybody should have to do this at least once
[01:08:46.000 --> 01:08:52.720]  in their life do I don't think you're really educated you graduate high school you graduate
[01:08:52.720 --> 01:09:01.680]  college you know nothing about the court system nothing you know it's like a black spot and then
[01:09:01.680 --> 01:09:10.560]  you have to go through it yourself and that learn to navigate it yeah it's a quagmire it's
[01:09:10.560 --> 01:09:19.600]  unbelievable so let me let me ask you the next time you see those lights come on in your rearview
[01:09:19.600 --> 01:09:28.240]  mirror are you going to get those butterflies in the pity of your stomach oh yeah well I think
[01:09:28.240 --> 01:09:36.800]  they do now when they see me they do exactly exactly the last time I had a sheriff's deputy
[01:09:36.800 --> 01:09:45.360]  turn his lights on me I looked up in the review rearview mirror and I was thinking bubba I'm about
[01:09:45.360 --> 01:09:53.680]  to give you a rock through the legal system you are not going to believe he stopped me and he said
[01:09:53.680 --> 01:09:59.760]  Mr. Kelton do you know why I stopped you I said no but I think you're going to tell me well your
[01:09:59.760 --> 01:10:10.640]  registration is expired I said only two years what's the problem when he came back with my ticket
[01:10:10.640 --> 01:10:20.560]  he was so furious his hand was vibrating because he went went to write the ticket I called 911
[01:10:20.560 --> 01:10:25.440]  and asked for somebody to arrest him for first degree felony aggravated assault
[01:10:25.440 --> 01:10:29.520]  that was so much fun
[01:10:33.280 --> 01:10:39.040]  that's what I hope I you know this is why we do this show and bj you're why we do this show
[01:10:40.080 --> 01:10:46.880]  we didn't we didn't necessarily create you we created yourself we just came along later and
[01:10:46.880 --> 01:10:52.560]  gave you some more stuff to throw at them but it's people like you the reason we do this show
[01:10:52.560 --> 01:11:01.680]  the vast majority of people don't have the time or the inclination to fight these guys
[01:11:03.120 --> 01:11:08.880]  we do this show looking for one percent that's all it needs is one percent
[01:11:10.480 --> 01:11:18.080]  if these prosecutors get up there and one out of a hundred winds their clocks
[01:11:18.080 --> 01:11:25.520]  they're never going to know which one and you know I do this show and I tell everybody that
[01:11:26.560 --> 01:11:30.800]  when you start something like this you got to know what your intended outcome is
[01:11:32.080 --> 01:11:37.360]  if you don't know where you're going you're going to wind up somewhere else my intended outcome is
[01:11:37.360 --> 01:11:43.120]  to put every public official and primarily every judge in a position such that when he
[01:11:43.120 --> 01:11:48.480]  steps out behind the bench looks out across the bar at the gallery I want him wondering which one
[01:11:49.040 --> 01:11:54.160]  which one of those scoundrels out there are just waiting for an opportunity to hammer me
[01:11:56.320 --> 01:12:01.840]  that's exactly what you gave us bj well this judge is going to observation
[01:12:04.160 --> 01:12:11.200]  go ahead one one thing I noticed that in my dealing with law enforcement in various
[01:12:11.200 --> 01:12:19.760]  places at various levels that might be a good thing for your listeners to think about is that
[01:12:19.760 --> 01:12:28.400]  it's always an ego issue it doesn't matter if it's a police officer a bailiff a judge or
[01:12:28.400 --> 01:12:36.960]  prosecutors it is always about their ego and how they treat their ego there's there is something
[01:12:36.960 --> 01:12:47.440]  you have to try you haven't lived until you've done this I told the I told the head of the intake
[01:12:47.440 --> 01:12:54.160]  section for the Denton county district attorney's office when he told me I wasn't welcome here anymore
[01:12:54.160 --> 01:13:00.640]  that I was going to have to leave the building because I was creating a disturbance I told him
[01:13:00.640 --> 01:13:09.200]  and if you you'll just bend over well pull that while had you behind for you and you and I go
[01:13:09.200 --> 01:13:17.120]  back to treating one another like mature and responsible adults you've got to do that one
[01:13:19.760 --> 01:13:23.600]  that was so much fun with you off the air
[01:13:23.600 --> 01:13:36.080]  is the look on his face was absolutely priceless and I got that from a friend who was a first
[01:13:36.080 --> 01:13:44.720]  shirt in the army he was he worked for a general and the general was really really difficult
[01:13:44.720 --> 01:13:48.880]  and he come in one day give him the hard time and and robert told him that
[01:13:48.880 --> 01:13:59.120]  that general fuel just bent over the general said well captain sergeant murphy how about
[01:13:59.120 --> 01:14:04.560]  if I just a court marshal you well I'll tell you what general let's have ourselves a race
[01:14:05.360 --> 01:14:09.040]  let's see if you can get your court marshal on my desk before I get my
[01:14:09.680 --> 01:14:15.440]  resignation on yours he walked over to his desk opened the door took it out slammed it down on
[01:14:15.440 --> 01:14:26.640]  his desk and said you lose everyone who has been in the military will look at that and
[01:14:26.640 --> 01:14:38.160]  fantasize about doing that themselves and I have got to do that a few times you got to do that once
[01:14:38.160 --> 01:14:47.680]  then you join in the rule of law club I command BJ so happy for you
[01:14:48.880 --> 01:14:54.880]  you have done really good news super glad to hear it yeah I couldn't have done it without you all
[01:14:54.880 --> 01:15:01.280]  the listeners it takes work keep out it you'll be you'll feel empowered by what you learned
[01:15:01.280 --> 01:15:08.160]  and you can help others as well with what you've learned but definitely rule radio rocks and keep
[01:15:08.160 --> 01:15:21.760]  up the good work guys okay thank you BJ now we're going to go to David in Texas hello David what
[01:15:21.760 --> 01:15:40.400]  do you have for us today yeah hold on are you on a bluetooth or a hands-free you sound like
[01:15:40.400 --> 01:15:54.800]  you're in a well oh put an understanding you broke up do you have your head stuck in a toilet
[01:15:56.160 --> 01:16:04.240]  no it sounded well okay kind of sounds like that whatever you're using it so you need to
[01:16:04.240 --> 01:16:09.600]  sense your you sound kind of hollow and it's a little difficult to understand you need to speak
[01:16:09.600 --> 01:16:16.000]  a little more slowly so we can sort this out but but do that when we come back we're about to go to
[01:16:16.000 --> 01:16:31.840]  our sponsors and you know our sponsors is what keeps us on the air so over the I'm not going to
[01:16:31.840 --> 01:16:38.000]  say break I'm not supposed to say break I'm trying to break that habit Brett can I say break if I say
[01:16:38.000 --> 01:16:44.800]  and I'm breaking that habit you can say we're sponsoring the habit there we go I don't want
[01:16:44.800 --> 01:16:54.400]  to sponsor that habit okay check check it out help us keep this broadcast network on the air
[01:16:55.200 --> 01:16:58.720]  and I'm screwing this on up we'll be right back
[01:17:00.560 --> 01:17:05.120]  Logos Radio Network welcomes a new show to our lineup for the new year
[01:17:05.120 --> 01:17:11.600]  Scripture Talk with Nana will begin Wednesday January 8th from 8 to 10 pm central time our
[01:17:11.600 --> 01:17:17.760]  goal is in accord with Matthew 516 let your light so shine before men that they may see your good
[01:17:17.760 --> 01:17:23.760]  works and glorify your father which is in heaven we wish to reflect God's light and be a blessing
[01:17:23.760 --> 01:17:29.520]  to all those with a hearing ear join Nana and guests for both verse by verse Bible studies
[01:17:29.520 --> 01:17:35.840]  and topical Bible studies designed to provoke unto love and good works our verse by verse Bible
[01:17:35.840 --> 01:17:41.360]  studies will begin in the book of Matthew where we will discuss one chapter per week our topical
[01:17:41.360 --> 01:17:46.400]  Bible studies will vary each week and we'll explore sound doctrine as well as Christian
[01:17:46.400 --> 01:17:53.440]  character development so mark your calendar and join us live on Logos Radio Network.com Wednesdays
[01:17:53.440 --> 01:17:59.520]  from 8 to 10 pm starting January 8th for an inspiring and motivating discussion of the scriptures.
[01:18:04.160 --> 01:18:09.520]  It's the 2019 Logos Radio Network annual fundraiser and gun giveaway sponsored by
[01:18:09.520 --> 01:18:16.320]  Central Texas Gun Works go to LogosRadioNetwork.com and enter to win any amount is appreciated
[01:18:16.320 --> 01:18:21.520]  everything helps to keep us on the air from Central Texas Gun Works the grand prize up for
[01:18:21.520 --> 01:18:29.040]  grabs is a spikes tactical AR 15 more prizes and sponsors to be announced every 25 dollar donation
[01:18:29.040 --> 01:18:35.840]  is a chance to win when you purchase Randy Kelton's ebook legal 101 you get four chances to win
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[01:18:41.280 --> 01:18:47.200]  Logos Radio Network support our fundraiser so we can keep bringing you the best quality programming
[01:18:47.200 --> 01:18:52.560]  on talk radio today we also accept bitcoin and other cryptocurrencies and remember
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[01:18:59.680 --> 01:19:06.960]  this is the Logos Logos Radio Network
[01:19:15.280 --> 01:19:16.880]  ain't gonna blind me
[01:19:20.880 --> 01:19:22.080]  don't want me
[01:19:22.080 --> 01:19:29.360]  me
[01:19:37.360 --> 01:19:46.560]  okay we are back randy kelton brett fountain rule our radio going to david in texas hello david
[01:19:46.560 --> 01:19:56.880]  david are you there uh david i can't hear you will you try calling us back just hang out and
[01:19:56.880 --> 01:20:04.480]  call back maybe you'll get a better line okay we are going to eta in pennsylvania eta did i
[01:20:05.040 --> 01:20:11.520]  it's eda did i say that right yes you got that right so nice to talk to you randy um
[01:20:11.520 --> 01:20:20.800]  me uh i'm listening to you hold on hold on i'm getting really bad sound can you move the mic
[01:20:20.800 --> 01:20:26.640]  down by your channel a little bit it sounds like you're over driving the mic all right how about
[01:20:26.640 --> 01:20:38.960]  now oh much better okay nice and clear so that's great so i'm um you know i emailed you earlier
[01:20:38.960 --> 01:20:47.280]  this week and uh i've been talking with you about the case that i was pursuing um i'm the plaintiff
[01:20:47.280 --> 01:20:53.360]  in the case but um when i was describing it to you it's about breach of contract and
[01:20:54.480 --> 01:20:59.680]  not in person the breach of contract i want to okay hold on hold on hold on you're breaking up a
[01:20:59.680 --> 01:21:06.400]  little bit so try to talk a little bit slower when it starts breaking up if you speak slower the
[01:21:06.400 --> 01:21:16.160]  system seems to be able to keep up a little better uh say that again i'm the plaintiff and the breach
[01:21:16.160 --> 01:21:29.120]  of contract is and wait a minute you're breaking up really bad we're only getting every other
[01:21:29.120 --> 01:21:37.200]  solvable uh can can you hang up and call back maybe we'll get a better connection as soon as
[01:21:37.200 --> 01:21:42.320]  you start talking it starts to break up and that means our connection is not very good and it's
[01:21:42.320 --> 01:21:50.960]  dropping packets so can you hang up and call us right back all right sure thank you
[01:21:50.960 --> 01:22:01.840]  okay uh i i vaguely remember an email about this
[01:22:05.040 --> 01:22:14.000]  but it was kind of complex as a relatively large email so i don't know how to address this
[01:22:14.560 --> 01:22:19.280]  well i think she was saying that she's the plaintiff i can't that much she's the plaintiff
[01:22:19.280 --> 01:22:29.120]  yeah something yeah i'm trying to sort which one it is i i just got an email from someone out of
[01:22:29.120 --> 01:22:40.640]  miami florida that owned a pot shop or a coffee i mean a tobacco place and she had uh got one of these
[01:22:40.640 --> 01:22:49.760]  these local shyster loans and they're charging her 50 interest or something like that but i
[01:22:49.760 --> 01:23:00.240]  check the usury laws in florida and they were charging her 2 percent over the maximum limit
[01:23:00.240 --> 01:23:07.200]  of the usury laws i think they were charging her 20 percent and florida only authorized 15 percent
[01:23:07.200 --> 01:23:16.080]  i'm sorry 18 percent okay we have a caller from nasa new york so we'll go to that
[01:23:17.920 --> 01:23:26.080]  hello nasa new york oh i'm ita i'm i'm just calling it oh you told me to call you back
[01:23:26.080 --> 01:23:37.280]  my switch phone um i can you can you hear me better now that is much better okay that's great so what
[01:23:37.280 --> 01:23:45.680]  i was describing to you is i was i'm pursuing a breach of contract case and i'm the plaintiff
[01:23:45.680 --> 01:23:57.200]  and i emailed you earlier this week about in more detail about how i was pursuing the case what i'm
[01:23:57.200 --> 01:24:04.800]  up against is like the the public agency or the the public education system and they
[01:24:04.800 --> 01:24:15.200]  they use uh a blanket immunity of this tort claims act and that i would like to ask you about that
[01:24:15.200 --> 01:24:22.240]  when um you know the government or the public agencies utilize tort claims immunity how do
[01:24:22.240 --> 01:24:29.680]  you address that how do you overcome that well it depends on the nature of the claim
[01:24:29.680 --> 01:24:42.480]  what do the way to get to a governmental agency is to show that they acted outside of scope
[01:24:44.960 --> 01:24:55.920]  so depending on the nature of the claim and i probably i vaguely remember
[01:24:55.920 --> 01:25:03.840]  a email about this i think it was last week and the problem is i've slept since then so i
[01:25:03.840 --> 01:25:12.320]  don't have the details but if a governmental entity or agency is acting within the scope
[01:25:13.040 --> 01:25:23.840]  of their legal capacity they are immune from suit however if you have entered into a contract
[01:25:23.840 --> 01:25:33.120]  with the governmental agency then under the the felca rule that's a there's a case called the
[01:25:33.120 --> 01:25:44.640]  the felca if you could say that then you can find it but it's about a a case where a ship
[01:25:44.640 --> 01:25:56.720]  that the felca was leased by the government and whacked into another ship and the other ship
[01:25:56.720 --> 01:26:06.880]  owners sued the government for crashing into them and they said we're the government you
[01:26:06.880 --> 01:26:17.040]  can't sue us and the court said no you entered into a contract to lease this ship and use it on
[01:26:17.040 --> 01:26:24.960]  the public thoroughfares you are acting in the same capacity as anyone else leasing the ship
[01:26:24.960 --> 01:26:32.480]  and doing commerce so if you entered into a contract with the government and they breached
[01:26:32.480 --> 01:26:43.200]  that contract they are are suitable for that their sovereign immunity or derivative immunity
[01:26:44.000 --> 01:26:51.040]  what's the other one brad anyway there's two or three immunities i don't know i only know
[01:26:51.040 --> 01:26:57.680]  sovereign i didn't know there was another derivative this i'm saying derivative i'm not sure that's
[01:26:57.680 --> 01:27:03.920]  exactly the right term but anyway if they enter into a contract with you they're bound to the
[01:27:03.920 --> 01:27:14.640]  contract just like anybody else yeah so when the contract has fraud and implementation of it
[01:27:15.360 --> 01:27:22.080]  is that something so when they're when when they have a contract and there's fraud in the performance
[01:27:22.080 --> 01:27:33.840]  or during okay fraud is not hard in a contract okay hold on fraud in a contract with the government
[01:27:35.600 --> 01:27:42.960]  is not a claim that you can make against the government because the government can't commit
[01:27:42.960 --> 01:27:55.520]  fraud human beings commit fraud so in this case you would name the human beings who perpetrated the
[01:27:55.520 --> 01:28:03.440]  act and claimed that those human beings in committing fraud acted outside of scope
[01:28:03.440 --> 01:28:11.280]  the key consideration here is scope el Paso
[01:28:12.320 --> 01:28:19.520]  chef's deputy picks up 19 year old girl at one jail to transport her to another jail
[01:28:19.520 --> 01:28:27.360]  and decides on a little recreation in between and stops somewhere and rapes her she sews
[01:28:27.360 --> 01:28:34.560]  officer claimed he was acting within scope and the court held that rape was not within scope
[01:28:36.000 --> 01:28:44.640]  fraud is not within scope you can't blame the government for fraud but you can blame the
[01:28:44.640 --> 01:28:53.280]  human being for fraud does that make sense so are you suing the human in their professional
[01:28:53.280 --> 01:28:59.920]  capacity and their personal go you can't sue them in their professional capacity
[01:29:01.360 --> 01:29:08.000]  that's where they have immunity you sue them in their personal capacity alleging that they acted
[01:29:08.640 --> 01:29:17.840]  outside of scope that they commit perpetrated fraud and fraud is not within the scope of their
[01:29:17.840 --> 01:29:27.440]  authority what keeps you in court is not what you can prove but the nature of the claim you make
[01:29:28.720 --> 01:29:35.280]  if you sue them in their professional capacity they will grant them immunity if you sue them in
[01:29:35.280 --> 01:29:41.040]  their personal capacity claiming acts outside of scope then you you're likely to stay in court
[01:29:41.040 --> 01:29:46.720]  hang on back to go to our sponsors Randy Kelton Brett fountain a rule of law radio
[01:29:46.720 --> 01:29:52.800]  i call in number five one two six four six nineteen eighty four we'll be right back
[01:30:02.880 --> 01:30:09.920]  reality tv sugar obesity jet lag the list of things that makes us dumber just keeps on growing
[01:30:09.920 --> 01:30:15.440]  but now researchers say we can add stress to the list i'm dr caffron albrecht back with details
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[01:30:34.480 --> 01:30:40.320]  on to this message is brought to you by start page dot com the private search engine alternative to
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[01:31:16.560 --> 01:31:22.480]  take a deep breath and chill out it'll help keep your mind as sharp as a tack i'm dr kathryn
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[01:33:13.200 --> 01:33:16.000]  yeah i will you want to check will you take me for free don't it
[01:33:16.000 --> 01:33:24.400]  yo can check me
[01:33:24.400 --> 01:33:51.080]  Okay, we are back, Randy Kelsen and Brett Fountain, rule of our radio, okay, Ken.
[01:33:51.080 --> 01:34:01.880]  Eda, is that right? Eda, Eda? Oh, well, hold on, we can hear you better if I unmute you.
[01:34:01.880 --> 01:34:15.880]  Okay, can you give us a brief synopsis of the facts of the case? Hello, Eda, are you there?
[01:34:15.880 --> 01:34:25.600]  Hmm, this is not good. Eda, if you can hear me, we can't hear you. Hello?
[01:34:25.600 --> 01:34:37.680]  Oh, there she is. Okay, could you hear us? I did hear the first part and I just got cut out.
[01:34:37.680 --> 01:34:45.960]  Okay, give us a brief synopsis, so kind of bring me up to speed on the nature of the case.
[01:34:45.960 --> 01:34:59.080]  Yes, I'm studying the higher education system. They are claiming this immunity as a government body,
[01:34:59.080 --> 01:35:11.440]  but they're actually a corporation with a distinct charter, so they have a dual status as an entity.
[01:35:11.440 --> 01:35:23.920]  It's a breach of contract fraud. The issue that I had with the system is that they systematically
[01:35:23.920 --> 01:35:32.640]  deprived me of my rights, both in the educational services that they were supposed to provide me
[01:35:32.640 --> 01:35:39.360]  and also in just flat-out violating due process rights.
[01:35:39.360 --> 01:35:45.280]  How did they breach due process?
[01:35:45.280 --> 01:35:58.400]  Due process was they make accusations as a student that are motivated by a certain set of instructors
[01:35:58.400 --> 01:36:08.520]  that are maliciously motivated to create that as a way to scapegoat me.
[01:36:08.520 --> 01:36:14.640]  When they created those accusations, they held their own secret hearing or academic hearing
[01:36:14.640 --> 01:36:21.200]  without giving me the benefit of due process, so it was basically you're accused and...
[01:36:21.200 --> 01:36:28.800]  Okay, hold on, hold on. What was the due process to which you were entitled?
[01:36:28.800 --> 01:36:35.680]  To have actual ability to defend myself against the accusations.
[01:36:35.680 --> 01:36:47.440]  Okay, okay. I'm being very specific here. I'm not going to figure out how to say this.
[01:36:47.440 --> 01:36:56.400]  When I say due process, due process goes to a specific statutory prescription.
[01:36:56.400 --> 01:37:05.440]  What were they statutorily required to do that they did not do?
[01:37:05.440 --> 01:37:14.960]  The thing about the statutory prescription is they claim that when you're enrolled with them
[01:37:14.960 --> 01:37:26.080]  as a student, you are not entitled to judicial hearings outside of their jurisdiction,
[01:37:26.080 --> 01:37:31.280]  and they have their internal hearings, so they have internal regulations.
[01:37:31.280 --> 01:37:36.000]  But these internal regulations were manipulated by the particular people.
[01:37:36.000 --> 01:37:45.040]  How did they get to these internal regulations?
[01:37:45.040 --> 01:37:46.160]  Is there a contract?
[01:37:46.160 --> 01:37:50.800]  Did somebody agree to that? Was it a sign to join up for that?
[01:37:50.800 --> 01:37:57.760]  It's in there. As I said, they're a corporation with bylaws and the bylaws allow them to publish
[01:37:57.760 --> 01:38:07.840]  and set out policies, procedures, regulations that they use to govern the education that they provide.
[01:38:07.840 --> 01:38:22.720]  The policies that they prescribe, do the policies benefit both sides of the contractual agreement
[01:38:22.720 --> 01:38:26.880]  or do they only benefit one side?
[01:38:26.880 --> 01:38:32.400]  The policies as written prescribe duties for both sides.
[01:38:32.400 --> 01:38:38.320]  But as they were performed, they were performed only to benefit themselves.
[01:38:38.320 --> 01:38:47.600]  Okay. The reason I asked that question is I was looking for an unconscionable contractual covenant.
[01:38:47.600 --> 01:38:58.080]  But if they benefit both sides, how were the contractual covenants enforced
[01:38:58.080 --> 01:39:06.640]  in a way that denied due process to one side?
[01:39:06.640 --> 01:39:13.520]  They don't allow you or they didn't allow me the ability to defend myself against my accusers.
[01:39:13.520 --> 01:39:20.640]  Okay. Hold on. I'm going to something very specific.
[01:39:20.640 --> 01:39:29.680]  When I go after public officials, when I ask them to do something, I ask them to do something.
[01:39:29.680 --> 01:39:38.240]  Let me give you an example. I went to a court in San Marcos, a JP court, and I told the clerk,
[01:39:38.240 --> 01:39:57.520]  I want to see all of the warrants that were issued by this court and executed as authorized by 15.16
[01:39:57.520 --> 01:40:07.200]  Texas Code of Criminal Procedure. If you claim a violation, you must claim it in the verbiage
[01:40:07.200 --> 01:40:16.480]  of the code. One of the rules we produce here is we say, never make a proactive statement of law
[01:40:16.480 --> 01:40:27.680]  out of your own mouth. When you say fraud, fraud is vague and indescript. What kind of fraud?
[01:40:29.280 --> 01:40:36.400]  Fraud per se, fraud by non-disclosure. I think there are about six or seven different types
[01:40:36.400 --> 01:40:47.040]  of fraud. What kind of fraud are you complaining? Fraud by non-disclosure, fraud by, you know,
[01:40:47.040 --> 01:40:52.960]  malfeasance or, you know, creating allegations. Okay. I'm going to make a suggestion.
[01:40:54.560 --> 01:41:04.160]  Look up causes of action. Look up fraud. You will find a number of different types of fraud.
[01:41:04.160 --> 01:41:12.720]  And each one of those have a set of elements to the fraud. Let's take fraud by non-disclosure.
[01:41:13.600 --> 01:41:22.400]  Fraud by non-disclosure, you must claim that. You entered into an agreement with the defendant.
[01:41:22.400 --> 01:41:33.120]  The defendant gave voluntary disclosures to the plaintiff. The defendant failed to give
[01:41:33.120 --> 01:41:42.000]  disclosures of certain facts that the defendant knew or should have known that the plaintiff
[01:41:42.000 --> 01:41:59.600]  did not have access to. And based on the claims by the defendant, the plaintiff made decisions
[01:42:00.240 --> 01:42:09.040]  that they would not have made had they had full disclosure and plaintiff was harmed thereby.
[01:42:09.040 --> 01:42:18.080]  You must claim each one of those. These are the elements that amount to fraud. You never have to
[01:42:18.080 --> 01:42:28.480]  say fraud. You claim each one of the elements. So what type of fraud, what are the elements of the
[01:42:28.480 --> 01:42:39.920]  fraud and how did the defendant violate each one of those elements? That's kind of a rhetorical
[01:42:39.920 --> 01:42:47.120]  question because I really don't expect you to have that answer readily available. But look
[01:42:47.120 --> 01:42:57.680]  that up. Look up the claims you want to make. In a criminal case, a criminal case is prosecuted
[01:42:57.680 --> 01:43:09.520]  based on a criminal statute. A civil case is prosecuted based on a cause, a defined cause of
[01:43:09.520 --> 01:43:20.160]  action. So look at your circumstances and then look up causes of action. Fraud may be the best one,
[01:43:20.160 --> 01:43:25.840]  but there may be others that are more appropriate and easier to prove. Fraud's stuff to prove.
[01:43:25.840 --> 01:43:32.640]  Look up causes of action and go through causes of action after you've read a few. They read just
[01:43:32.640 --> 01:43:38.800]  like a statute. You must assert this element, this element, this element, this element, or you
[01:43:38.800 --> 01:43:48.800]  haven't asserted the claim. So look at it up and next week bring us some specific causes of action.
[01:43:48.800 --> 01:43:56.560]  Let's talk about those. That's a go to a break. That's a go to a sponsors. I did that again. We'll
[01:43:56.560 --> 01:44:04.160]  be right back. Are you being harassed by debt collectors with phone calls, letters, or even
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[01:46:25.120 --> 01:46:35.840]  I'll never understand something I realize fully. Somebody's on a police, that police man.
[01:46:35.840 --> 01:46:43.680]  Somebody's on a police, a police. There's always room at the top of the hill.
[01:46:44.720 --> 01:46:50.800]  I hear through the grapevine and it's lonely left to. They're wishing it with more than
[01:46:50.800 --> 01:46:58.160]  opposition to fail. They know that if they don't do it, somebody will complain.
[01:46:58.160 --> 01:47:09.760]  This world will never understand. I realize fully. Somebody's on a police, that police man.
[01:47:09.760 --> 01:47:21.040]  Somebody's on a police, I know they will. Yeah, they're gonna put the fail, because I see so much in
[01:47:21.040 --> 01:47:29.200]  rise and despair. Okay, we are back. Randy Kelton, Rhett Fountain, rule of law radio.
[01:47:29.840 --> 01:47:39.360]  And we're talking to Ida in New York. And, okay, look back at your case. First thing is look up
[01:47:39.360 --> 01:47:45.520]  causes of action. And you'll find a page that lists a whole bunch of causes of action.
[01:47:46.960 --> 01:47:52.880]  And it's like looking up statutes. There's one in particular that sticks out in my mind is
[01:47:52.880 --> 01:48:03.280]  quantum merit. The only time I've ever seen that term quantum merit is as a cause of action.
[01:48:03.280 --> 01:48:10.480]  And these causes of action have a lot of them have specific names like that.
[01:48:11.440 --> 01:48:17.360]  So it's just like looking up a criminal statute. You have to find the right cause of action to
[01:48:17.360 --> 01:48:24.720]  fit your circumstances. And if you pull up a page that let's do a search for quantum for causes of
[01:48:24.720 --> 01:48:30.880]  action, pull up a page and start going down them, you will find causes of action you didn't expect.
[01:48:30.880 --> 01:48:40.960]  And it won't take you long. It'll be relatively easy to sort out those that aren't relevant to your
[01:48:40.960 --> 01:48:47.200]  issue and those that are. And you start going through them and find the one that fits your
[01:48:47.200 --> 01:48:56.000]  circumstances the best. And then look at all of the specific elements of the cause of action
[01:48:56.000 --> 01:49:03.120]  that must be pled. If you fail to plead a single element of a cause of action,
[01:49:03.120 --> 01:49:09.920]  the court will dismiss it out of hand. Unless of course you're a prosecuting attorney,
[01:49:09.920 --> 01:49:22.880]  in which case they'll just let it slide. Okay. Wait. If you fail to make your claim
[01:49:22.880 --> 01:49:30.160]  appropriately or if you make a claim that's inappropriate, they're not going to tell you.
[01:49:31.040 --> 01:49:38.320]  They're just going to throw it out of court. So it's easy to get rid of you. If you argue an
[01:49:38.320 --> 01:49:46.000]  issue that doesn't go to a cause of action, they will jump on that and rail and write its indignation
[01:49:46.000 --> 01:49:53.600]  about it to get you focused on something that doesn't matter to keep you from getting to the
[01:49:53.600 --> 01:50:00.560]  actual causes of action and actual elements of the cause of action that do matter. These guys
[01:50:00.560 --> 01:50:10.160]  are stinking rotten lowdown snakes in the grass. Right. So the thing that will get you into court
[01:50:10.160 --> 01:50:23.760]  and keep you in court is a well-planned cause of action. Yeah. So I had a summary. Go ahead.
[01:50:23.760 --> 01:50:31.440]  He went to summary judgment motion on the fraud. And what I dealt with the judge is he on his own
[01:50:31.440 --> 01:50:42.240]  say so, he mashed my account of civil conspiracy into the fraud account and in his order dismissed
[01:50:42.240 --> 01:50:51.360]  both of them. But in my hearing, we didn't even have a hearing on the civil conspiracy. We had a
[01:50:51.360 --> 01:51:03.120]  hearing. This partial summary judgment was only on the fraud. I will almost guarantee you that the
[01:51:03.120 --> 01:51:13.120]  reason he dismissed the fraud is that you failed to specifically allege each element of the fraud
[01:51:13.120 --> 01:51:22.960]  you claim. No, he said that it's a government entity with tort claims immunity and fraud is a
[01:51:22.960 --> 01:51:29.680]  tort that's barred by tort claims act. So that's why he dismissed it. That was his... Fraud is not
[01:51:29.680 --> 01:51:40.320]  a torch. I'm sorry. Yes, fraud is a torch. You may need to... If you're claiming contract, you may
[01:51:40.320 --> 01:51:49.280]  want to want to claim breach of contract. That's generally the only way you can get to a public
[01:51:49.280 --> 01:52:01.600]  official unless you can claim an act outside of scope. Did you claim that the official acted
[01:52:01.600 --> 01:52:10.800]  outside the scope of their authority? Right. No, that was a question. Did you make that specific
[01:52:10.800 --> 01:52:20.480]  claim? You can't just allude to it. You can't state facts that indicate it. You have to state it
[01:52:20.480 --> 01:52:28.960]  straight up that he failed to act within the scope of authority and you have to show state the scope
[01:52:28.960 --> 01:52:38.000]  of the authority and how the act exceeded that scope or was totally outside the scope. Like the
[01:52:38.000 --> 01:52:46.000]  policeman who was acting under... Acting in his official capacity, performing a duty that was
[01:52:46.000 --> 01:52:57.120]  within the scope of his authority, then he raped this woman and the woman had to plead that rape
[01:52:57.120 --> 01:53:06.160]  was not within scope. Otherwise, the court could not rule for her. So you have to show exactly how
[01:53:06.160 --> 01:53:18.320]  the act was not within scope. Yes. Okay. I'll rewrite my work on that. But I... Did you request
[01:53:18.320 --> 01:53:24.960]  findings of fact and conclusions at law? They gave me conclusions at law and the conclusions
[01:53:24.960 --> 01:53:35.440]  at law have it. And he simply cites tort claims and for... He says based out of the tort claims
[01:53:37.440 --> 01:53:44.240]  process, if you have not... If I as a plaintiff haven't filed a claim, then I would not be able
[01:53:44.240 --> 01:53:51.120]  to pursue any of my claims. I argued that... I actually argued based off of the doctrine of
[01:53:51.120 --> 01:53:58.880]  equitable tolling that the defendant's fraud was trickery that didn't allow me to even perceive
[01:53:58.880 --> 01:54:05.600]  the full scope of the activities that they were doing in denying my due process rights.
[01:54:05.600 --> 01:54:10.560]  So how would I have known to file a claim if I don't even understand what they're doing because
[01:54:10.560 --> 01:54:20.640]  they're not telling me, essentially? The due process is a actionable claim. If you claim
[01:54:20.640 --> 01:54:29.360]  due process, you don't run into the problem with fraud. Fraud's a tort. Due process is harm per se.
[01:54:31.920 --> 01:54:36.320]  And normally when you go after public officials, that's the best one to make
[01:54:37.120 --> 01:54:43.040]  is a denied denial of due process. A public official may only do what the law specifically
[01:54:43.040 --> 01:54:50.960]  authorizes him to do. If a public official fails to act in accordance with their specific duty, then
[01:54:50.960 --> 01:54:59.440]  they denied you in due process because you have a right to expect that the law will be followed
[01:55:00.000 --> 01:55:06.320]  as written. Failure to do so denies you in the due process of law.
[01:55:06.320 --> 01:55:12.240]  That's the claim you need to make and not fraud.
[01:55:15.360 --> 01:55:24.160]  But I find that with the underlying claim of breach, breach had the element of fraud in it.
[01:55:24.160 --> 01:55:29.920]  This is why I brought up the claims of fraud. Leave it out. Any time you can avoid fraud,
[01:55:29.920 --> 01:55:42.480]  do so. Instead of claiming fraud, claim... What is it that you claim instead of fraud?
[01:55:43.520 --> 01:55:54.160]  Fast and misleading statements. That'll get you to the same place without having to prove all
[01:55:54.160 --> 01:56:03.680]  the elements of fraud. By fast and misleading statements, the official denied you due process.
[01:56:06.240 --> 01:56:11.680]  Okay. And that avoids the tort excused completely?
[01:56:12.800 --> 01:56:19.600]  Yes, that's not a tort claim. It's a due process claim. And that's the best claim
[01:56:19.600 --> 01:56:27.360]  to bring against a public official. Okay. So, on the partial summary judgment hearing,
[01:56:29.520 --> 01:56:37.920]  all the briefs that I filed were only arguing the fraud. After the entire hearing process
[01:56:37.920 --> 01:56:44.960]  took place, when he wrote his order, he wrote his order unexpectedly rolling the
[01:56:44.960 --> 01:56:51.840]  civil conspiracy claim into his dismissal allegation or his dismissal order.
[01:56:52.560 --> 01:56:56.720]  But we didn't even have... I didn't even have a chance to argue the civil conspiracy.
[01:56:56.720 --> 01:57:04.960]  Can you do this? Okay. Yes, you can. Did you... Okay. Did he dismiss with prejudice?
[01:57:04.960 --> 01:57:20.480]  Yes. With prejudice, yes. Yes. Then did you file a request for findings of fact?
[01:57:22.000 --> 01:57:27.760]  I'm going to do that. I'm in the process of doing that. Okay. Get there. Must be done. Every time a
[01:57:27.760 --> 01:57:36.480]  judge renders a ruling, is this in the federal court? No, this is state. Okay. If it's in the
[01:57:36.480 --> 01:57:44.320]  federal court, you have findings of fact because in the federal court, you have a ruling by the judge
[01:57:45.040 --> 01:57:52.480]  and you have a judgment. There has to be both. The judgment is finding the fact and concludes
[01:57:52.480 --> 01:58:00.880]  it's at law. In a state court, if you have a ruling by a judge, then if he doesn't have findings of
[01:58:00.880 --> 01:58:07.040]  fact in there and conclusions at law, you must ask him for it in order to preserve the error.
[01:58:08.000 --> 01:58:12.800]  Because otherwise, you don't know what he ruled, what grounds he ruled on, so you don't know how
[01:58:12.800 --> 01:58:21.280]  to appeal. So make sure you get that in. We are out of time. Call us back tomorrow if you want.
[01:58:21.280 --> 01:58:28.160]  We'll have more time because we do a four hour show tomorrow night. Yeah. Thank you for calling
[01:58:28.800 --> 01:58:36.400]  and we'll be back tomorrow night. Randy Kelton, Brett Felton, Rue La Radio. Thank you all for
[01:58:36.400 --> 01:58:47.840]  listening and good night. Good night and a few more seconds. I kind of went out a little early,
[01:58:47.840 --> 01:58:55.120]  but you keep the game for that. Bibles for America is offering absolutely free, a unique study Bible
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