ROL_2020-02-21_16k_Hr1-2.timecode
[00:00.000 --> 00:06.800] The following news flash is brought to you by The Lowest Star Lowdown.
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[00:45.840 --> 00:52.400] Today in history, the year 1916, the Preparedness Day bombing, a time suitcase bomb, was detonated
[00:52.400 --> 00:57.360] on Market Street in San Francisco during the World War I Preparedness Day Parade,
[00:57.360 --> 01:00.240] killing 10 and injuring 40 today in history.
[01:04.480 --> 01:10.240] And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing hemp into Texas law
[01:10.240 --> 01:14.880] back in June, county prosecutors around the state, including Houston, Austin, and San Antonio,
[01:14.880 --> 01:18.720] have been dropping marijuana possession charges and even refusing to file new ones,
[01:18.720 --> 01:23.040] since they are stipulating that they do not have the time or the laboratory equipment to test
[01:23.040 --> 01:28.240] the ear for THC. Margaret Moore, the Travis County District Attorney, announced earlier this month
[01:28.240 --> 01:33.440] that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[01:33.440 --> 01:37.600] Mr. Abbott and other state officials, including the Attorney General stipulated in a letter
[01:37.600 --> 01:42.800] to county district attorneys back on Thursday that marijuana has not been decriminalized in Texas,
[01:42.800 --> 01:48.000] and that these actions demonstrate a misunderstanding of how HB 1325 works,
[01:48.000 --> 01:54.400] as well as other cities, too, like the District Attorney in El Paso, Jaime Esparza, a Democrat
[01:54.400 --> 01:59.600] who also stated earlier this month that the law, quote, will not have an effect on the prosecution
[01:59.600 --> 02:05.040] of marijuana cases in El Paso. However, the issue was succinctly summarized by Mr. Brandon Ball,
[02:05.040 --> 02:08.640] an assistant public defender in Harris County, who stated that, quote,
[02:08.640 --> 02:13.200] the law is constantly changing on what makes something illegal based on its chemical makeup.
[02:13.200 --> 02:17.760] It's important that if someone is charged with something, the test matches with their charged
[02:17.760 --> 02:27.120] with. A paper by Tulane University identified a five and a half inch American pocket shark.
[02:27.120 --> 02:32.640] As the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark
[02:32.640 --> 02:39.040] ever captured or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[02:39.040 --> 02:44.160] According to the university paper, the shark secretes a luminous fluid from a gland near its
[02:44.160 --> 02:50.400] front fins for the purposes hypothesized to lure and prey who may be drawn into the glow.
[03:14.880 --> 03:24.400] some
[03:27.040 --> 03:32.400] bad boys, bad boys, what you gonna do when they come for you?
[03:35.600 --> 03:40.960] what you gonna do when they come for you? when you were eight and you had bad traits?
[03:40.960 --> 03:46.400] You go to school and learn the golden rules. So why are you acting like a bloody fool?
[03:46.400 --> 03:52.000] It should get hot, singing monsters cool. Bad boys, bad boys. What's it gonna do?
[03:52.000 --> 03:57.440] What's it gonna do when they come for you? Bad boys, bad boys. What's it gonna do?
[03:57.440 --> 03:59.840] What's it gonna do when they come for you?
[03:59.840 --> 04:04.400] Okay, howdy, howdy. This is Randy Kelton. We're at Fountain,
[04:04.400 --> 04:16.080] Wheel of Law Radio on this Friday, the 21st day of February 2020. And we're gonna start out with
[04:17.120 --> 04:28.880] Brett talking about a first blush issue. This is gonna be so cool. It's nice and arcane and
[04:28.880 --> 04:37.040] the kind of questions that will give prosecutors apoplexy. Brett, you want to take it away?
[04:38.800 --> 04:41.920] That's sure. Well, this is about county courts.
[04:45.520 --> 04:49.440] There are different kinds of courts, right? Most people don't ever really encounter one until
[04:50.000 --> 04:55.040] some lawyer stirs up some kind of action and gets people dragged into the judicial system.
[04:55.040 --> 04:59.600] But we all know that there are all kinds of courts, state courts, federal courts,
[04:59.600 --> 05:06.080] there are state district courts, county courts, municipals, corporation courts. And then
[05:06.800 --> 05:12.640] within most of those categories, it breaks out into various areas of law. So
[05:14.080 --> 05:19.440] not everything is like Terry Mason. That's criminal. There's also tax law, probate law,
[05:19.440 --> 05:26.640] family law, what intellectual property, contract law, or just plain and simple civil law,
[05:26.640 --> 05:32.880] which is like a general superset of everything. But let's look at county courts. I don't know
[05:32.880 --> 05:38.960] how this might be different across all the 50 states. Maybe this is a common area of confusion.
[05:39.680 --> 05:44.320] You all know everything is bigger in Texas. And this is probably no exception.
[05:44.320 --> 05:48.960] Including the problems in the hassle.
[05:51.840 --> 05:58.240] Well, we don't just have county courts. We have constitutional statutory courts at law,
[05:58.240 --> 06:02.080] statutory courts at law. Well, why?
[06:03.280 --> 06:05.840] Commissioners don't forget those commissioners.
[06:06.400 --> 06:10.480] All right. Well, what's the difference with all of these? And do we even tear?
[06:10.480 --> 06:16.320] Part of me says, no, we don't care, court you for legal stuff. And that's more boring than
[06:17.520 --> 06:23.920] long stretch of Kansas road. And I'm going to buy a law abiding guy. I love my fellow man.
[06:23.920 --> 06:31.200] Why should I care about these court names, right? Well, one reason we care is that if we're dealing
[06:31.200 --> 06:37.760] with an inferior court, and we know, like you said, Randy, they're going to issue all these
[06:37.760 --> 06:43.520] ridiculously lawless rulings, we know that. So we make every attempt to encourage them to follow
[06:43.520 --> 06:49.360] the law. But as a whole, they've got really poor track records. So we don't really expect to win
[06:49.360 --> 06:57.360] there. We just diligently and painstakingly preserve their error for appeal, which means
[06:58.400 --> 07:00.480] soon we're going to need to know where to appeal.
[07:00.480 --> 07:09.040] That's where it comes in. You want to care about which court it is. So I started following the
[07:09.040 --> 07:17.440] Trail of Speedy trial, looking for what the law itself says about how long a criminally accused
[07:17.440 --> 07:27.200] should have to be in limbo. We know that the concept of speedy is generally vague and subjective.
[07:27.200 --> 07:37.120] And it depends on a variety of factors that courts weigh. But we also know that as we look
[07:37.120 --> 07:42.080] at the case law, we see that courts generally uphold that there's a sweet spot. It's about four
[07:42.080 --> 07:49.840] months. If you whine too early about not getting your speedy trial, well, they say, well, no
[07:49.840 --> 07:57.120] violation has happened yet. So you're not in need of any remedy. But if you wait too long to whine
[07:57.120 --> 08:01.440] about not getting your speedy trial, well, they say you should have said something earlier. So
[08:01.440 --> 08:10.240] you waived your opportunity for remedy. Well, recently we were looking at some provisions of
[08:11.040 --> 08:18.400] the Texas Code of Criminal Procedure. And they tend to show that a criminally accused person
[08:18.400 --> 08:26.400] should not be held in limbo for more than about six months. That was the article 3201
[08:26.400 --> 08:34.160] of the Code of Criminal Procedure. It's 3201 subsection A. And it says that
[08:34.160 --> 08:39.920] one defendant has been detained in custody or held to bail for his appearance to answer a criminal
[08:39.920 --> 08:49.680] accusation. The prosecution shall be dismissed and the bail discharged if the indictment or
[08:49.680 --> 08:57.840] information is not presented by when, on or before the last day of the next term of the court,
[08:59.840 --> 09:09.280] or on or before the 180th day, whichever is later. So that raises a very important question. What are
[09:09.280 --> 09:16.160] these terms of the court? They're part of the calculation here as to when somebody gets cut
[09:16.160 --> 09:22.000] free. What are these terms of court? Well,
[09:26.320 --> 09:34.080] so a guy gets committed to jail or admitted to bail. He's expected to stand in answer for some
[09:34.080 --> 09:42.480] crime. 180 days later, no charging instrument has been presented. And it doesn't say anything about
[09:42.480 --> 09:48.320] a complaint. It's saying an indictment or information. So the guy's supposed to just walk
[09:48.320 --> 09:58.000] free and clear. But wait, not 180 days. It takes into account this next term. So when is it?
[09:59.280 --> 10:05.760] But before we can answer that, an important question of when, we have to circle back and look
[10:05.760 --> 10:09.840] at the other question we originally thought was really boring. Which courts are which?
[10:09.840 --> 10:17.280] So I'm going to show you. It's about, the answer is about six months. That's the clear legislative
[10:17.280 --> 10:23.760] intent here. But let's look at the types of county court. You can follow along in our Texas Constitution
[10:24.320 --> 10:31.280] Article 5, Section 1. So it says that the judicial power of this state shall be vested,
[10:31.280 --> 10:36.480] and it tells a whole bunch of different kinds of courts. And in the county we have it talking about,
[10:36.480 --> 10:44.240] well, constitutional county courts, which are also known as just county courts. There's one
[10:44.240 --> 10:53.120] and only one for each county. The Texas has 254 constitutional county courts because Texas has
[10:53.120 --> 10:59.920] 254 counties. You can see there in Article 5, Section 1 of the Constitution, it says
[10:59.920 --> 11:07.600] that the judicial power shall be vested in county courts. Then you also have statutory county courts.
[11:08.240 --> 11:14.000] There's constitutional county courts, statutory county courts. These are also known as county
[11:14.000 --> 11:23.600] courts at law, or sometimes known as statutory county courts at law. So some of the counties,
[11:23.600 --> 11:31.120] here's how it works. Some of the counties with higher populations, they may have one or more
[11:31.840 --> 11:40.160] of these courts at law. Some counties don't need any at all. They're just small. So the one that's
[11:40.160 --> 11:49.920] provided by the Constitution is enough. It says that in the Constitution that they have jurisdiction
[11:49.920 --> 11:57.840] over the same causes and proceedings as a regular county court, except we can notice
[11:57.840 --> 12:04.080] that the county commissioner's court administrative business is excluded. They leave that out and
[12:04.080 --> 12:10.160] kind of carve it out separately, but they can deal with all the same civil and criminal issues.
[12:10.160 --> 12:19.200] And here's how, if we look at the Texas Judicial Branch, there's a website,
[12:20.480 --> 12:28.560] txcourts.gov. Here's how they describe these county courts. It's how they differentiate them.
[12:29.680 --> 12:34.880] It says, well, pretty much everything I just described to you,
[12:34.880 --> 12:41.200] says that they have, in the constitutional county courts,
[12:43.760 --> 12:51.120] one in each of the 254, although such courts do not exercise judicial functions.
[12:52.000 --> 12:58.560] All such do not exercise judicial functions. In the more populous counties, the county judge
[12:58.560 --> 13:02.960] may devote his or her full attention to the administration of county government,
[13:02.960 --> 13:10.720] which is why you see the county courts at law being set up. They tend to try to shunt more of that
[13:11.440 --> 13:22.880] judicial functions off to that direction. Anyway, let's take a look at the chapter 25
[13:23.440 --> 13:29.920] of the Texas government code. That's how we can see which counties have what, because like I said,
[13:29.920 --> 13:41.520] every county has one according to the Constitution, plus the bigger, busier counties may or may not
[13:41.520 --> 13:50.720] have more. So we look at the Texas government code, chapter 25. It's really easy. You just,
[13:50.720 --> 13:56.720] to find the county you're wondering about, you just search, find in page, and look for the county
[13:56.720 --> 14:03.360] name, like Randy in Wise County, you would look for Wise Space County. And if it jumps down to the
[14:03.360 --> 14:11.760] part of the page where that county gets courts at law, well, there you go. If it doesn't find any
[14:11.760 --> 14:19.600] matches, then your county doesn't have courts at law. So it only has the one, the constitutional
[14:19.600 --> 14:28.400] county court, the county court. That's in chapter 25. You'll see a lot of counties in there. Not all
[14:28.400 --> 14:36.560] though. So then, once you know which court you're dealing with, you can do a simple records request.
[14:36.560 --> 14:41.520] Now, I know this is starting to seem really a lot of disconnected pieces, but it all comes back to
[14:41.520 --> 14:47.200] the terms of the court. And this is where you connect it. You say you do a records request,
[14:47.200 --> 14:56.480] and you can find out about the court terms, because the Constitution requires that a county court
[14:56.480 --> 15:05.040] needs to hold at least four three-week terms per year. There are going to be four terms,
[15:05.920 --> 15:12.640] and the default is going to be three weeks, three weeks in February, three weeks in May,
[15:12.640 --> 15:20.320] three weeks in August, and three weeks in November. So clearly, the legislative intent was geared
[15:20.320 --> 15:25.840] toward making sure that the courts are available to the people at least that much for redress of
[15:25.840 --> 15:34.240] grievances, right? If a county is busy, they might feel the need to hold contiguous terms,
[15:34.240 --> 15:38.960] like back to back, fill that space up. Instead of each one being three weeks, they stretch it all
[15:38.960 --> 15:45.040] the way out to three months, and now their four terms cover the whole year, right? The commissioners
[15:45.040 --> 15:50.160] court in that county is allowed to define how many there will be, but obviously no fewer than four.
[15:51.760 --> 15:55.760] And the commissioners court in that county is allowed to define the terms length,
[15:56.400 --> 16:03.840] but obviously no shorter than three weeks. So you might find one county's commissioners
[16:03.840 --> 16:10.000] feel that three weeks is fine for the length, but they think six terms per year, one every other
[16:10.000 --> 16:20.000] month, or they might want to fill it up so that the statutory count county court can offload
[16:20.000 --> 16:27.200] some of that judicial burden. But regardless of what they pick, there's going to be a record
[16:27.200 --> 16:33.840] of their decision. The county clerk can produce for you a record of the commissioners court decision.
[16:33.840 --> 16:39.680] If she can't, then they never made any decision. And that means the county court may only operate
[16:39.680 --> 16:48.160] during those 12 weeks per year. Well, we're going to go over and listen to our sponsors and
[16:48.160 --> 16:59.680] you got some great information for us. And we'll talk some more about this on the other side.
[17:03.760 --> 17:09.920] It's the 2019 Logos Radio Network annual fundraiser and gun giveaway sponsored by Central Texas
[17:09.920 --> 17:15.920] Gunworks. Go to logosradionetwork.com and enter to win. Any amount is appreciated.
[17:15.920 --> 17:21.200] Everything helps to keep us on the air. From Central Texas Gunworks, the grand prize up for
[17:21.200 --> 17:28.720] grabs is a Spikes Tactical AR 15. More prizes and sponsors to be announced. Every $25 donation
[17:28.720 --> 17:35.520] is a chance to win. When you purchase Randy Kelton's ebook, Legal 101, you get four chances to win.
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[19:25.200 --> 19:47.280] I'm standing like it's out of control, on the edge of a hole inside a deep dark bowl. I'm always on the look at, but something
[19:47.280 --> 19:56.480] is in my soul. And now I sit back and I watch the evidence unfold, and I see justice is the
[19:56.480 --> 20:14.400] door. Yeah, justice is the door. Sometimes we stand a little too far at sea, and then we gotta get
[20:14.400 --> 20:21.120] back on course with me. So we go on with a heavy advisory from the man that came all
[20:21.120 --> 20:26.880] the way from Galilee. Something that you call a safe and warm place to be, where I don't
[20:26.880 --> 20:32.920] have to work so hard to be free. Some guys are trying to rewrite history, but they got
[20:32.920 --> 20:49.920] caught. Now them guys got to plead. Looks like justice. Looks like justice. Yeah, yeah.
[21:02.920 --> 21:25.320] Okay, we are back. Rule of law radio. Randy Kelton. I'm Brett Fountain, and we're talking
[21:25.320 --> 21:32.920] about county courts and the terms of courts and what that means to somebody being able
[21:32.920 --> 21:39.280] to walk free if the prosecution is not giving you a speedy trial. Specifically, if you've
[21:39.280 --> 21:46.240] been detained in custody or held to bail to answer any criminal accusation, a clock has
[21:46.240 --> 22:02.720] started ticking. It's either 180 days or the end of the next term. A court term is something
[22:02.720 --> 22:12.080] that is held four times a year or more and three weeks per term in length or more. And
[22:12.080 --> 22:17.360] I say or more because the county commissioner is allowed by the legislature. They've set
[22:17.360 --> 22:22.800] it up allowing the county commissioner's court to make an order and say we want our
[22:22.800 --> 22:32.520] county to have longer terms or more terms. So whatever they set up in that county, the
[22:32.520 --> 22:43.040] county court has terms. No fewer than four and no shorter than three weeks. If they max
[22:43.040 --> 22:48.400] it out to fill up the whole year, which it seems like most of them do, in fact some of
[22:48.400 --> 22:52.560] these court coordinators don't even understand what you're talking about. You say when is
[22:52.560 --> 22:57.480] the court terms and they say what are you talking about? Are you talking about the judge
[22:57.480 --> 23:06.200] got elected for four years? No. Talking about the terms of the court. They tend to think
[23:06.200 --> 23:10.920] of things like we're open for business all the time. We rake the money in. What do you
[23:10.920 --> 23:21.560] want? But these terms are intended to be anywhere from three weeks to three months long. So
[23:21.560 --> 23:31.480] let's say you got detained in custody or held to bail right at the very end of one of the
[23:31.480 --> 23:39.480] court terms. Well, that prosecutor has all the way until the end of the next term or
[23:39.480 --> 23:51.480] 180 days, whichever is later. If they do not present against the defendant an indictment
[23:51.480 --> 23:57.160] or an information, it doesn't say anything about a citation or a complaint or a sworn
[23:57.160 --> 24:05.320] affidavit. It is the information or the indictment. One of the two has to be presented against
[24:05.320 --> 24:15.680] the defendant by that time period or else. According to the Code of Criminal Procedure,
[24:15.680 --> 24:26.840] Chapter 32, it's 32.01 and it says that the prosecution shall be dismissed. Not that somebody
[24:26.840 --> 24:35.320] can move for dismissal or not that you can try to argue for it. It says prosecution shall
[24:35.320 --> 24:43.360] be dismissed and the bail discharged. Give you your money back for bail. I got bad news
[24:43.360 --> 24:55.680] on that one. That's the one that actually got overruled as a matter of law. The legislature
[24:55.680 --> 25:04.880] intentionally wrote that statute that way and the court said that that statute dictates
[25:04.880 --> 25:12.280] a judicial ruling, a judicial determination and that violates the separation of powers
[25:12.280 --> 25:20.520] so 32.01 is no longer operative and they never fixed it. How is it not operative? It's still
[25:20.520 --> 25:24.320] there. It's still there but the court said that you
[25:24.320 --> 25:32.920] didn't refueled or anything. No, the legislature left it there but the court's ruled I don't
[25:32.920 --> 25:38.040] know the case off hand I used to. It's been a long time since I addressed this. This has
[25:38.040 --> 25:45.600] been this way for at least 20 years. The courts ruled that this law was unconstitutional
[25:45.600 --> 25:56.000] and the legislature never fixed it so they left us without a speedy trial. Interesting.
[25:56.000 --> 26:01.960] So what do we do? We have to take it to the court of criminal appeals and call this unconstitutional?
[26:01.960 --> 26:12.400] We go to the legislature and have them amend 32.01 to say instead of the case shall be
[26:12.400 --> 26:24.320] dismissed, the defendant has a right to dismissal. Well, that's all it would have taken to fix
[26:24.320 --> 26:36.520] that but nobody did it. They did this on purpose and it is my current position that mass incarceration
[26:36.520 --> 26:46.000] is the result of this ruling. It had a ruling. It had an effect nobody intended and it had
[26:46.000 --> 26:53.440] an effect that it wasn't clear what it was that cost this mass incarceration. It was
[26:53.440 --> 27:02.560] that ruling and in looking at the charts about 1985 is where that ruling will have came in
[27:02.560 --> 27:09.480] and if you look at the charts that we started up and I believe it was in 74 and that's when
[27:09.480 --> 27:15.040] they started to talk to people before magistrate and then about 85 it really shot up off the
[27:15.040 --> 27:29.200] charts. That was a speedy trial. Those two we need to get fixed and I think this mass
[27:29.200 --> 27:37.360] incarceration problem will go away but that's a problem. We need to find that case law because
[27:37.360 --> 27:47.560] the lawyer will surely bring it up. Tim is probably listening. He's paying for a case
[27:47.560 --> 27:57.400] text. We'll get Tim to look up 32.01 and see if we find the case law and that one will
[27:57.400 --> 28:13.440] probably pop up at the top. Oh my bad. Somebody forgot to remind me to turn the phones on.
[28:13.440 --> 28:19.440] I'm not mentioning any names but I got the phones turned on guys. My apologies if you
[28:19.440 --> 28:24.960] tried to call in. Good chance you couldn't get through because somebody didn't turn the
[28:24.960 --> 28:33.960] phones on. I'm not mentioning any names but his initials are Randy Kelton. Okay phones
[28:33.960 --> 28:43.440] are on. Call in number 512-646-1984. If you have a question or comment give us a call.
[28:43.440 --> 28:48.240] We'll take your calls all night. I wanted to address this at the beginning so it didn't
[28:48.240 --> 28:54.640] occur to me to set up the phones. Oh well I'm going to get in trouble for this. Don't
[28:54.640 --> 28:59.860] anybody tell Deborah I did this. Oh well I'd be in trouble. Now that Deborah's going to
[28:59.860 --> 29:12.120] get 50 emails. Okay but this is an argument that I would like to look at. It will make
[29:12.120 --> 29:21.720] an arcane legal argument that will make you prosecute your nuts. I love it when you send
[29:21.720 --> 29:29.440] them back to the books. We had a guy in Florida taking on this lawyer. A barbed reading two
[29:29.440 --> 29:36.880] or three times and he got in the elevator with him once and the guy asked him if he
[29:36.880 --> 29:43.080] was a lawyer and he said no and he said I just wanted to tell you. You took me to the
[29:43.080 --> 29:49.360] books. You know he told him he had been practicing like 15 years or something. You took me to
[29:49.360 --> 29:56.360] the books like nobody else ever has. We'll be right back Randy Kelton Bret Fountain
[29:56.360 --> 29:59.760] River radio. Hang on we'll be right back.
[29:59.760 --> 30:07.160] Thousands of Florida motorists convicted of DUI may very well have been driving under
[30:07.160 --> 30:11.440] the blood alcohol limit. I'm Dr. Catherine Albrecht and I'll be back with a tale of
[30:11.440 --> 30:17.680] bad breathalysers and a government cover up in a moment. Privacy is under attack. When
[30:17.680 --> 30:22.240] you give up data about yourself you'll never get it back again. And once your privacy is
[30:22.240 --> 30:27.560] gone you'll find your freedoms will start to vanish too. So protect your rights. Say
[30:27.560 --> 30:33.080] no to surveillance and keep your information to yourself. Privacy it's worth hanging on
[30:33.080 --> 30:38.120] to this public service announcement is brought to you by start page dot com the private search
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[30:45.840 --> 30:50.920] fine farming. It's when cops find innocent people to bring in revenue and it's apparently
[30:50.920 --> 30:56.600] big business in the sunshine state of Florida. This case involves breathalysers used to convict
[30:56.600 --> 31:02.280] thousands of Florida motorists for DUI violations. Recently reporters discovered that the devices
[31:02.280 --> 31:07.160] were improperly calibrated. State officials knew about it for two and a half years but
[31:07.160 --> 31:12.120] did nothing. In fact the head of Florida's breath testing program ordered inspectors
[31:12.120 --> 31:17.480] not to document the problem. A DUI conviction can ruin somebody's life but now that the
[31:17.480 --> 31:22.840] cover up has been exposed perhaps Florida drivers can breathe a bit easier. I'm Dr.
[31:22.840 --> 31:30.800] Catherine Albrecht more news and information at Catherine Albrecht dot com.
[31:30.800 --> 31:37.120] I lost my son. My uncle. My uncle. On September 11, 2004. Most people don't know that a third
[31:37.120 --> 31:43.280] tower fell on September 11. World Trade Center 7 a 47 story skyscraper was not hit by a plane.
[31:43.280 --> 31:49.040] Although the official explanation is that fire brought down building 7. Over 1200 architects
[31:49.040 --> 31:52.840] and engineers looked into the evidence and believed there is more to the story. Bring
[31:52.840 --> 31:58.960] justice to my son. My uncle. My nephew. My son. Go to building what dot org. Why it fell.
[31:58.960 --> 32:04.640] Why it matters. And what you can do. Logos Radio Network welcomes a new show to our lineup
[32:04.640 --> 32:10.320] for the new year. Scripture Talk with Nana will begin Wednesday January 8th from 8 to
[32:10.320 --> 32:16.600] 10 p.m. Central Time. Our goal is in accord with Matthew 516. Let your light so shine
[32:16.600 --> 32:22.040] before men that they may see your good works and glorify your father which is in heaven.
[32:22.040 --> 32:27.480] We wish to reflect God's light and be a blessing to all those with a hearing ear. Join Nana
[32:27.480 --> 32:32.400] and guests for both verse by verse Bible studies and topical Bible studies designed
[32:32.400 --> 32:37.920] to provoke onto love and good works. Our verse by verse Bible studies will begin in the book
[32:37.920 --> 32:43.560] of Matthew where we will discuss one chapter per week. Our topical Bible studies will vary
[32:43.560 --> 32:48.960] each week and will explore sound doctrine as well as Christian character development.
[32:48.960 --> 32:54.480] So mark your calendar and join us live on Logos Radio Network dot com Wednesdays from
[32:54.480 --> 33:03.960] 8 to 10 p.m. starting January 8th for an inspiring and motivating discussion of the scriptures.
[33:03.960 --> 33:09.960] You're listening to the Logos Radio Network at Logos Radio Network dot com.
[33:09.960 --> 33:25.720] Yeah, I got that one right. And I'm going to solve them. To the head of government them.
[33:25.720 --> 33:41.520] Okay.
[33:41.520 --> 33:47.040] Well I need a prosecutor to come and help me. Prosecute them wicked leaders. They're
[33:47.040 --> 33:52.520] my murderers, liars. Them tell me. Them are liars and I tell six stories. We don't believe
[33:52.520 --> 33:59.520] me. Them tell me three percent of America vote for Bushman. So how do you get the president?
[33:59.520 --> 34:08.960] Okay, we are back. Randy Kelton, Brett Fountain, rule of law radio. And we're going to go to
[34:08.960 --> 34:18.240] Scott in Texas. I know he has something intelligent and insightful and on point. Hello Scott.
[34:18.240 --> 34:27.800] Well, howdy, howdy, how are y'all doing? I was just doing good. Good, good. I was. Say
[34:27.800 --> 34:43.560] something really intelligent. You know, Brett's kind of addressing, you know, the what's been
[34:43.560 --> 34:52.320] going on with these different types of court. And a lot of this comes down to being misapplied,
[34:52.320 --> 34:58.200] you know, where they're misapplying these rules and all the drag you into these courts
[34:58.200 --> 35:05.840] and all the start with, you know. And so that's kind of one of the big themes that I heard,
[35:05.840 --> 35:11.200] you know, when starting out doing all this digging down into the rabbit hole of all this
[35:11.200 --> 35:21.560] other stuff and then seeing how they use terms of art to construe things, to get you into
[35:21.560 --> 35:30.200] these, you know, controversies with these courts. And so there's a new thing. I emailed
[35:30.200 --> 35:36.680] it over to believe both of y'all today and it's talking about the IRS and this guy put
[35:36.680 --> 35:42.480] together kind of like a petition that's starting to go around just to ask the government certain
[35:42.480 --> 35:47.680] questions, you know. And as I was kind of reading through it, I was starting to also
[35:47.680 --> 35:54.680] think about, you know, how you were applying, you were looking at from CEOs 13, 891 and
[35:54.680 --> 36:03.720] 892, I think. And so I was like reading through this, which was put together quite well.
[36:03.720 --> 36:14.120] And just looking at, you know, how they use terms of art to construe things and then with
[36:14.120 --> 36:23.720] the long arm or the force of the law, you know, with a gun to get you to cower or, you
[36:23.720 --> 36:28.680] know, to accept what they're doing. And if you go in here and start challenging them
[36:28.680 --> 36:37.160] on the merit and what are the actual definitions of these terms that they're using against
[36:37.160 --> 36:43.880] you, a lot of it just completely melts away. And so it's just kind of watching it, you
[36:43.880 --> 36:49.080] know, as you read some of this stuff and put it all together and connect the dots, it just
[36:49.080 --> 36:56.400] goes, it gets simpler and simpler how everything they do is it's a facade. And they're just
[36:56.400 --> 37:02.960] using these terms of art to convince you and to get you to capitulate because they're wearing
[37:02.960 --> 37:08.840] you down with a lack of speedy trial to beat you down in the whole process. Is that smart
[37:08.840 --> 37:09.840] enough for you?
[37:09.840 --> 37:20.120] That's my argument about this mass incarceration. Everybody takes a deal and they have time
[37:20.120 --> 37:29.800] to force you into a deal. I have a niece that just came to me, she's having a problem.
[37:29.800 --> 37:38.960] She was in a car, passenger, car was pulled over, they asked her to identify herself and
[37:38.960 --> 37:44.880] she wrote her name down on a piece of paper and apparently the officer misread it. It
[37:44.880 --> 37:52.360] was Kristen spelled with a K, it's what he read, but she actually spelled it with a C.
[37:52.360 --> 37:59.360] Kristen Miller, she gave him her name, but he apparently saw it as a K instead of a C
[37:59.360 --> 38:07.720] and then found her driver's license that had fell down behind a ripped section in her purse
[38:07.720 --> 38:21.120] and still arrested her for failure to identify. She has been to court seven times. Her lawyer
[38:21.120 --> 38:28.240] showed up the last time and that was yesterday and somehow he got off the case and they got
[38:28.240 --> 38:33.520] a new lawyer. Well, I'm going to have her bar grieve that lawyer seven times for not
[38:33.520 --> 38:40.040] showing up. See how that works for you, but the whole purpose is they keep you coming
[38:40.040 --> 38:47.240] back, coming back, coming back and what I'm looking at and this may be something Brett
[38:47.240 --> 39:00.000] might want to work on with me is we accuse the court of issuing and what do they call
[39:00.000 --> 39:08.320] it Scott issuing and something a document by deception. Securing execution of a document
[39:08.320 --> 39:18.280] by deception. Exactly. 28.01 limits those things you can have someone to come to court for
[39:18.280 --> 39:24.640] and what they're doing is calling each one of these a pretrial hearing. Well, 28.01 does
[39:24.640 --> 39:34.480] not talk about a pretrial hearing. They talk about 10 different things that you can order
[39:34.480 --> 39:42.240] people to come to court for other than an arraignment. You can only do one arraignment. An arraignment
[39:42.240 --> 39:48.680] is a hearing for the purpose of determining the identity of the accused and taking the
[39:48.680 --> 39:56.040] plea. You get to do that once. All the rest are based on motions or pleadings filed with
[39:56.040 --> 40:00.520] the court. With our no motions or pleadings filed with the court, there is no power of
[40:00.520 --> 40:06.120] the court to order you to come there. I got a guy one time, one of the county courts.
[40:06.120 --> 40:12.320] I think it was up your county. He told me to my face, I can bring you in here for as
[40:12.320 --> 40:21.880] many pretrials as I want to. Well, we'll see how that works for you. So if we start charging,
[40:21.880 --> 40:32.920] securing, executing a document by deception, the notice to appear, the subpoena, then letting
[40:32.920 --> 40:37.080] them dance with each one of those. And then we do a judicial conduct complaint on each
[40:37.080 --> 40:47.680] one of those. I want to, what I'm having trouble figuring out how to find. How do I find all
[40:47.680 --> 40:57.880] of the subpoenas issued by a court in a certain period? I just want to ask for all the subpoenas.
[40:57.880 --> 41:07.040] They're going to say, well, you have to tell me which cases. There has to be a file somewhere
[41:07.040 --> 41:23.040] that acts subpoenas. Okay, I'm a clerk. How do I know how to build a appearance or stock
[41:23.040 --> 41:30.760] it? There has to be something in there that lists all the subpoenas that have been issued.
[41:30.760 --> 41:38.400] Brett, you're a computer guy. What would they have to have? And what would we look for?
[41:38.400 --> 41:44.440] What do you want me to have? A file? It wasn't me. It was open when I got there.
[41:44.440 --> 41:57.600] Yeah. That wasn't exactly. I'm trying to figure out how the court would construct their database
[41:57.600 --> 42:07.520] queries. But they've got to have a query to pull up all of the... Go ahead, Scott.
[42:07.520 --> 42:13.880] They're not going by subpoenas because they never follow those steps to get it done correctly.
[42:13.880 --> 42:18.280] So they're just going off a roster, an intake roster, surely.
[42:18.280 --> 42:23.720] How do they create that intake roster? By the amount of tickets that they got people
[42:23.720 --> 42:30.520] to come in there to... No, no, no. You just count a thousand tickets and write a thousand
[42:30.520 --> 42:37.720] people's name down on a document. No. They're querying the database for all of the people
[42:37.720 --> 42:48.520] who have been noticed to appear on this debt. There has to be a database query. And you
[42:48.520 --> 42:55.160] can have them run that query if it only takes a few keystrokes. But as a requester, we don't
[42:55.160 --> 43:03.720] care if they have it set up as a query or not. We just ask for the responsive records.
[43:03.720 --> 43:10.160] What they're going to say is, we don't have to produce records for your request that don't
[43:10.160 --> 43:15.360] exist. If they don't have a list of them, they're not required to produce them. And the
[43:15.360 --> 43:26.040] way I've found to really get them to be helpful is I want to see a complete list of all queries
[43:26.040 --> 43:38.000] written to your database. They say, huh? Yeah, I want to see every routine that has been
[43:38.000 --> 43:44.800] written that allows you to query the debt. Now they want to say, well, that's a lot of
[43:44.800 --> 43:48.920] stuff. Yeah, I know it is. And I want to see all of them. Now they want to try to help
[43:48.920 --> 43:55.200] pull and narrow that down because they know how to do that. Hang on. About to go to our
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[46:24.280 --> 46:43.600] Okay, we are back. Randy Kelton, Brett Fountain, rule of law radio on this Friday, the 21st
[46:43.600 --> 46:52.400] day of February 2020. And looking at, you know, I do this kind of stuff because they
[46:52.400 --> 46:59.280] want to hide as much as they can. So whenever they try to do a little song and dance with
[46:59.280 --> 47:07.800] me, I like to throw something heavy at them. If you look on Jurisimprudence.website in
[47:07.800 --> 47:14.560] the blanks under documents and research and under blanks, you'll find an information request
[47:14.560 --> 47:23.920] called scope and content. Whenever a jurisdiction gives me some crapola, I pull out my trusty
[47:23.920 --> 47:33.080] scope and content. The Wise County Sheriff's Department, the captain spent eight hours answering
[47:33.080 --> 47:48.560] that form. I want to see the names of all of the records you keep, the files in which
[47:48.560 --> 47:56.640] their story and the names of those files, what the substantive scope of the documents
[47:56.640 --> 48:09.480] within those files are, and how to request those files specifically. He said, Mr. Kelton,
[48:09.480 --> 48:15.720] you would tell me what you're looking for. I could shorten this process for you a whole
[48:15.720 --> 48:24.200] lot. Yeah, I was sure you could. But if I ask for something, if I do that and then I
[48:24.200 --> 48:33.840] look for something and it's not there, okay, I would be compromised. Exactly. So you don't
[48:33.840 --> 48:39.600] get to know. They really wanted to know. So I did that, and then I made a request for some
[48:39.600 --> 48:46.780] specific records. I came in and they had a stack of records. I asked to see the actual
[48:46.780 --> 48:52.680] records. I did not want copies. They got a stack about a foot tall on the desk. And
[48:52.680 --> 48:59.920] I sit down and this Sheriff's Deputy stands there with her arms folded. I looked up, can
[48:59.920 --> 49:06.280] I help you? Well, I'm supposed to make sure nothing happens to these records. No, ma'am,
[49:06.280 --> 49:14.360] what you're supposed to do is get out of here. You cannot see what I'm looking at. Well,
[49:14.360 --> 49:20.880] I've been ordered to stand here. I said, you might want to go talk to your boss. She went
[49:20.880 --> 49:25.480] across hall and talked to her boss. Come back and said, Mr. Kelton, if you need me,
[49:25.480 --> 49:33.200] I'll be right across the hall. Thank you. So I pulled out the records I'm looking for.
[49:33.200 --> 49:39.800] I called the deputy over. I need copies of these records. But I need a copy or so I
[49:39.800 --> 49:48.000] can make the copy myself. So you can't see what I'm copying. I'll see what I can do.
[49:48.000 --> 49:55.680] Took about 20 minutes. They take me into the jail, into a holding cell. Actually, it was
[49:55.680 --> 50:01.360] the drunk tank. I was kind of familiar with it. I'd been there before. And they had a
[50:01.360 --> 50:08.240] copy set up in there. And I walked up to the copier and I'm looking around. Now, why did
[50:08.240 --> 50:18.760] they go to so much trouble to put this copier in this particular place? And I looked around
[50:18.760 --> 50:27.760] and then I looked up. Son of a God, what did I see hanging up there above the copier? A
[50:27.760 --> 50:35.600] video camera. So I took off. I was in a suit. So I took off my suit coat. I waved at him
[50:35.600 --> 50:44.880] in the camera and hung my coat over the camera. I could hear the jailers laughing. They were
[50:44.880 --> 50:50.560] in the room next room over. I could hear them laughing in there. I made all my copies, took
[50:50.560 --> 50:57.480] my coat off, waved at him again, knocked on the door and they let me out. I found what
[50:57.480 --> 51:03.280] I was after. It was all these stuff. But this is the kind of stuff you can do to them. So
[51:03.280 --> 51:11.920] looking at everything about their database is open records. The software they use is
[51:11.920 --> 51:16.960] open records. They have to give it to me. I give them requests for it and they jumped
[51:16.960 --> 51:23.240] up and down, railed in my just indignation that it's copyrighted. And if I reached the
[51:23.240 --> 51:30.480] copyright, I can be sued. Yeah, that's right. I can. But so since it's public, it's using
[51:30.480 --> 51:35.360] it as a public record. You've got to give it to me. Copyright violations between me
[51:35.360 --> 51:42.080] and the copyright holder. And the attorney general's ruled in my favor three times on
[51:42.080 --> 51:46.800] that. If you ask for the software, they have to give it to you. If you ask for all of the
[51:46.800 --> 51:53.320] queries they do to the database, they've got to give them to you. And then you can run
[51:53.320 --> 52:00.920] the queries yourself or you can pay them to run the queries. If they want to charge
[52:00.920 --> 52:06.880] you too much, it's no problem. I'll do it myself. Oh, they really get unhappy. So they
[52:06.880 --> 52:12.440] always do it themselves. Most of the times they'll do it for free just to keep me from
[52:12.440 --> 52:23.000] getting into their database. So when the clerk creates a subpoena, I'm sure she does
[52:23.000 --> 52:31.760] not create that subpoena by hand. She creates it in a form. And the system saves that form
[52:31.760 --> 52:44.800] into a table in the database. There absolutely has to be a query to that database to access
[52:44.800 --> 52:52.720] that table from each record. So if they can go in and say, search all the queries for
[52:52.720 --> 53:02.600] this date for a court appearance on this date and send it to this report. So we can find
[53:02.600 --> 53:11.680] out all of the subpoenas that have been sent out. And then we look at those subpoenas.
[53:11.680 --> 53:17.600] If the subpoena does not state a reason to appear, the subpoena is insufficient on its
[53:17.600 --> 53:26.200] base. And then we file securing and extruing a document by deception for its form.
[53:26.200 --> 53:32.680] Actually, I think another one that might fit that situation, because the execution is talking
[53:32.680 --> 53:36.720] about getting you to sign it by tricking you about what the document is, right? The signing
[53:36.720 --> 53:45.360] part. I think the 32.48 simulating legal process would be probably a better fit for that particular
[53:45.360 --> 53:53.280] thing. That's if they simulate a summons or cause you by trying to get you to do something
[53:53.280 --> 54:02.400] or not do something based on that document. Yes, that one would probably be more on point.
[54:02.400 --> 54:13.040] So I could probably write a routine where I can ask for their records in the medium in
[54:13.040 --> 54:25.600] which they keep them. I once forced Tarrant County to give me all of their title records.
[54:25.600 --> 54:32.320] And they gave them to me and they each had, gave you to me on the disc. And each, all
[54:32.320 --> 54:42.120] of the records had a letter designation for the records. Didn't have any legend to tell
[54:42.120 --> 54:49.640] what they were. That got a little ugly. And when I asked the bailiff, this real smart
[54:49.640 --> 54:54.640] backmouth guy in the records department, he smartmouthed me pretty good and I wouldn't
[54:54.640 --> 54:59.880] call the bailiff, I need you to arrest this guy. And when I asked the bailiff to arrest
[54:59.880 --> 55:05.280] him, they got real accommodating. And you wouldn't got me a sheet that told what all
[55:05.280 --> 55:13.280] those were. So we can get them all. And I'm going to bet that this is the standard procedure
[55:13.280 --> 55:20.920] of the court. They arrest someone, they offer them a deal, they don't take the deal. If
[55:20.920 --> 55:26.080] they can't make bail, they throw them in jail. And every once in a while, they offer
[55:26.080 --> 55:34.000] them the deal again. If they can make bail, they have them come to court repeatedly. They
[55:34.000 --> 55:38.080] have to take a day off work. They have to come down there. They have to get there at
[55:38.080 --> 55:44.920] nine o'clock. And at nine o'clock, they're having the cattle calls for all the people
[55:44.920 --> 55:48.320] in jail. Because they're bringing them up and trying to get them to make a deal. If
[55:48.320 --> 55:52.800] they don't get to make a deal, they put them back in jail. And then when they get done
[55:52.800 --> 55:56.320] with that, it's generally about lunchtime. And you've been sitting there all morning.
[55:56.320 --> 56:02.360] And then if they get to yours, maybe. But most of the time, they don't get to you at
[56:02.360 --> 56:09.280] all. They make you sit there all day and then send you home. My niece has been called seven
[56:09.280 --> 56:20.520] times. So they appointed her counsel right at the beginning. So I'm going to have her
[56:20.520 --> 56:28.960] barge weave the court-appointed counsel for each time he didn't show up. That's going
[56:28.960 --> 56:41.520] to make him happy. But I think we can show that there is a conscious and deliberate ongoing
[56:41.520 --> 56:51.240] criminal conspiracy to deny people due process by forcing, by punishing them, either by holding
[56:51.240 --> 56:58.640] them in jail for extended periods or by forcing them to come to court repeatedly for no purpose.
[56:58.640 --> 57:02.720] What are you saying, Scott?
[57:02.720 --> 57:11.680] Well, I've been saying that all along. Yeah, can you hear me? Hello? Hello? Can you hear
[57:11.680 --> 57:20.160] me now? Yeah, we can hear you. Yeah, that's what I've been saying all along. And so that's
[57:20.160 --> 57:26.520] why I'm so embarrassed to go straight after the judges and the prosecutors because they're
[57:26.520 --> 57:34.880] the ones facilitating this whole process by creating the controversy, allowing fraudulent
[57:34.880 --> 57:40.880] documents to be placed upon the court, creating fraud upon the court. There's so much fraud
[57:40.880 --> 57:47.680] going all straight across the board. Then once you start drilling down into their policies
[57:47.680 --> 57:52.960] and procedures, how they're violating that, then you go in there and start asking them
[57:52.960 --> 58:00.200] for their authority on what is their scope of their position, and it just totally starts
[58:00.200 --> 58:07.120] blowing up. You start dropping landmines all over the place and finding holes everywhere
[58:07.120 --> 58:12.520] and you just start walking through these craters next thing you know because everything that
[58:12.520 --> 58:21.600] they've done is practically wrong. And now how are we supposed to keep these people held
[58:21.600 --> 58:26.680] accountable when the upper echelons are all so corrupt? That's why everybody just starts
[58:26.680 --> 58:32.760] to come out and just start hammering them from the get-go. Yeah, we've got to come up
[58:32.760 --> 58:41.160] with a way to beat them up. That's the only way. Okay, hang on. About to go to our sponsors
[58:41.160 --> 58:52.240] Randy Kelton, Brett Fountain, Willowville Radio, our call-in number 512-646-1984. We'll
[58:52.240 --> 58:53.240] be right back.
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[01:00:00.800 --> 01:00:06.880] The following news flash is brought to you by The Lowest Star Lowdown.
[01:00:06.880 --> 01:00:13.240] Markets for Monday the 22nd of July 2019 open with precious metals, gold $1,429 an ounce,
[01:00:13.240 --> 01:00:21.520] silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.63 a barrel, Brent crude
[01:00:21.520 --> 01:00:29.880] $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum
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[01:00:46.280 --> 01:00:52.520] Today in history, the year 1916, the Preparedness Day bombing, a time suitcase bomb was detonated
[01:00:52.520 --> 01:00:57.840] on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[01:00:57.840 --> 01:01:04.880] 10 and entering 40.
[01:01:04.880 --> 01:01:05.880] And recent news.
[01:01:05.880 --> 01:01:10.560] Since Governor Greg Abbott signed House Bill 1325 legalizing hemp and attacks his law back
[01:01:10.560 --> 01:01:15.120] in June, county prosecutors around the state including Houston, Austin and San Antonio
[01:01:15.120 --> 01:01:19.240] have been dropping marijuana possession charges and even refusing to file new ones since they
[01:01:19.240 --> 01:01:23.320] are stipulating that they do not have the time or the laboratory equipment to test the
[01:01:23.320 --> 01:01:28.040] drug for THC. Margaret Moore, the Travis County District Attorney, announced earlier this
[01:01:28.040 --> 01:01:33.000] month that she was dismissing 32 felony possession and delivery of marijuana cases because of
[01:01:33.000 --> 01:01:34.000] the law.
[01:01:34.000 --> 01:01:37.720] Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:01:37.720 --> 01:01:42.200] that county district attorneys back on Thursday that marijuana has not been decriminalized
[01:01:42.200 --> 01:01:48.360] in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works as
[01:01:48.360 --> 01:01:54.600] well as other cities too like the District Attorney in El Paso, Cayman Esparza, a Democrat
[01:01:54.600 --> 01:01:59.080] who also stated earlier this month that the law, quote, will not have an effect on the
[01:01:59.080 --> 01:02:01.880] prosecution of marijuana cases in El Paso.
[01:02:01.880 --> 01:02:06.880] However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[01:02:06.880 --> 01:02:10.840] in Harris County who stated that, quote, the law is constantly changing on what makes
[01:02:10.840 --> 01:02:13.600] something illegal based on its chemical makeup.
[01:02:13.600 --> 01:02:17.480] It's important that if someone is charged with something, the test matches what they're
[01:02:17.480 --> 01:02:22.680] charged with.
[01:02:22.680 --> 01:02:27.320] A paper by Tulane University identified a five and a half inch American pocket shark
[01:02:27.320 --> 01:02:32.440] as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[01:02:32.440 --> 01:02:38.120] shark ever captured or recorded with the other one being found way back in 1979 in the East
[01:02:38.120 --> 01:02:39.120] Pacific Ocean.
[01:02:39.120 --> 01:02:43.880] According to the university paper, the shark secretes a luminous fluid from a gland near
[01:02:43.880 --> 01:02:50.160] its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[01:02:50.160 --> 01:03:19.360] glow.
[01:03:19.360 --> 01:03:24.360] These warm arms will come by that term right there
[01:03:28.360 --> 01:03:31.360] I won't pay for the war with my body
[01:03:31.360 --> 01:03:34.360] Ain't gonna pay for the car with my money
[01:03:34.360 --> 01:03:38.360] I won't pay for the fun with my body
[01:03:38.360 --> 01:03:41.360] The plans wicked and the logic shoddy
[01:03:41.360 --> 01:03:44.360] Ain't gonna pay for the war with my body
[01:03:44.360 --> 01:03:48.360] I won't pay for the boys with my money
[01:03:48.360 --> 01:03:52.360] Ain't gonna pay for the kids with my body
[01:03:52.360 --> 01:03:55.360] The whole agenda sounds funny
[01:03:55.360 --> 01:04:00.360] I wanna fight in a war of my own
[01:04:02.360 --> 01:04:07.360] That one would be less accident role
[01:04:09.360 --> 01:04:13.360] I wanna pay for war of my own
[01:04:13.360 --> 01:04:18.360] Okay, we are back
[01:04:18.360 --> 01:04:21.360] Randy Kelton, Brett Fountain, the root of our radio
[01:04:21.360 --> 01:04:27.360] And I was chewing Brett out about having noise in his background
[01:04:27.360 --> 01:04:30.360] It turned out it was me
[01:04:30.360 --> 01:04:33.360] So that's why it's a little slow coming back, sorry about that
[01:04:33.360 --> 01:04:37.360] Okay, I hate it when I'm in the wrong
[01:04:37.360 --> 01:04:43.360] Okay, there was that one time when you thought it was a mistake
[01:04:43.360 --> 01:04:46.360] Yeah, I thought I was mistaken
[01:04:46.360 --> 01:04:49.360] I hate it when that happens
[01:04:49.360 --> 01:04:54.360] Okay, I think I got it kinda dampened
[01:04:54.360 --> 01:04:57.360] Okay, let's...
[01:04:57.360 --> 01:05:02.360] We're kinda talking to Brett on the break about this
[01:05:02.360 --> 01:05:07.360] I think we can give them...
[01:05:07.360 --> 01:05:13.360] If we can get these records and show that they're doing this on purpose
[01:05:13.360 --> 01:05:17.360] Then we should be able to make a lot of difference
[01:05:17.360 --> 01:05:22.360] Because if they have to judicate these cases quickly
[01:05:22.360 --> 01:05:29.360] They're not gonna have as much time to wait you out to get the deal you want
[01:05:29.360 --> 01:05:32.360] And here's the problem with that
[01:05:32.360 --> 01:05:35.360] See, it serves the prosecutor's best interest
[01:05:35.360 --> 01:05:39.360] If you're an indigent and you can't afford bail
[01:05:39.360 --> 01:05:42.360] Well, he'll just leave you in jail
[01:05:42.360 --> 01:05:44.360] And you don't have to do anything
[01:05:44.360 --> 01:05:48.360] Once a month, he'll call you into court and try to make a deal with you
[01:05:48.360 --> 01:05:50.360] If you don't, he'll send you back to jail
[01:05:50.360 --> 01:05:52.360] That's all he has to do
[01:05:52.360 --> 01:05:54.360] They don't cost you any time
[01:05:54.360 --> 01:05:57.360] Court upon counsel, they just let you sit in jail
[01:05:57.360 --> 01:05:59.360] They don't care
[01:05:59.360 --> 01:06:02.360] Eventually, the prosecutor will force a deal out of you
[01:06:02.360 --> 01:06:05.360] They get their money, they don't have to do anything
[01:06:05.360 --> 01:06:08.360] That's pretty slick
[01:06:08.360 --> 01:06:12.360] Problem is...
[01:06:12.360 --> 01:06:16.360] This costs an accounting...
[01:06:16.360 --> 01:06:20.360] $15 a day to use this prosecutor's burden
[01:06:20.360 --> 01:06:23.360] I think we can get that fixed
[01:06:23.360 --> 01:06:28.360] I think if we start going after the prosecutor's big time
[01:06:28.360 --> 01:06:34.360] And one of the things I'm gonna promote is that the County Commissioner's Court
[01:06:34.360 --> 01:06:41.360] Pay lawyers a percentage of what the lawyer saves them
[01:06:41.360 --> 01:06:47.360] Say the prosecutor's asking for a year in jail
[01:06:47.360 --> 01:06:51.360] And the prosecutor does his job and gets you down to six months in jail
[01:06:51.360 --> 01:06:56.360] He just saved the county $10,000
[01:06:56.360 --> 01:07:04.360] Texas spends $22,500 a year for each inmate
[01:07:04.360 --> 01:07:07.360] So if you save six months, you save $10,000
[01:07:07.360 --> 01:07:10.360] Pay the lawyer 10% of that
[01:07:10.360 --> 01:07:14.360] You're paying the lawyer a percentage of what he saves you
[01:07:14.360 --> 01:07:17.360] That is a no-brainer
[01:07:17.360 --> 01:07:23.360] So if all of a sudden the lawyers can make more money based on how much time they get off
[01:07:23.360 --> 01:07:27.360] Your sentence based on how quickly they get you out of jail
[01:07:27.360 --> 01:07:33.360] Lawyers will have a reason to actually do their job
[01:07:33.360 --> 01:07:37.360] At the end of the day, it's all about the money
[01:07:37.360 --> 01:07:41.360] And if they make more money doing their jobs, they'll do their jobs
[01:07:41.360 --> 01:07:43.360] That's my story and sticking to it
[01:07:43.360 --> 01:07:47.360] Okay Scott, do you have anything else for us?
[01:07:47.360 --> 01:07:49.360] I kind of distract you when you come in
[01:07:49.360 --> 01:07:52.360] Yeah, I kind of distract you when you come in
[01:07:56.360 --> 01:07:58.360] Hang on, I have a problem there
[01:07:58.360 --> 01:08:03.360] I am going to mute and then you talk
[01:08:03.360 --> 01:08:04.360] Good
[01:08:04.360 --> 01:08:06.360] I got a better idea
[01:08:06.360 --> 01:08:11.360] I'd say we should drive a wedge between the prosecutors and the cops
[01:08:11.360 --> 01:08:15.360] Because we always want to say will the cops want to be the good guy
[01:08:15.360 --> 01:08:19.360] Will the prosecutors obviously be in the bad guy allowing this
[01:08:19.360 --> 01:08:23.360] How do you drive the wedge in between there?
[01:08:23.360 --> 01:08:28.360] Well, let's go back to their Brady policy and what do they do in training the cops
[01:08:28.360 --> 01:08:33.360] If they're not doing fulfilling their scope of office training the cops
[01:08:33.360 --> 01:08:36.360] And their constitutional duties, powers, and limitation
[01:08:36.360 --> 01:08:41.360] Then the cops aren't out there fulfilling their full potential of the job
[01:08:41.360 --> 01:08:45.360] Protecting the people as the people pay them to do so
[01:08:45.360 --> 01:08:49.360] By the prosecutor turning his blind eye
[01:08:49.360 --> 01:08:56.360] And allowing the cops to take the full brunt of any civil actions that may occur
[01:08:56.360 --> 01:09:00.360] So that's why the prosecutor is always the dirty guy
[01:09:00.360 --> 01:09:03.360] Because he's just another crooked lawyer up there
[01:09:03.360 --> 01:09:06.360] Allowing this stuff to happen
[01:09:06.360 --> 01:09:08.360] Fabricating evidence
[01:09:08.360 --> 01:09:10.360] Entering it into the court
[01:09:10.360 --> 01:09:11.360] Creating a false record
[01:09:11.360 --> 01:09:13.360] Creating a false document
[01:09:13.360 --> 01:09:15.360] All this
[01:09:15.360 --> 01:09:19.360] And yet we still want to say that the system is good
[01:09:19.360 --> 01:09:22.360] No, we see where the problem is
[01:09:22.360 --> 01:09:24.360] Attacks the problem
[01:09:24.360 --> 01:09:29.360] This is where the cops don't want to go out there and just willy-nilly just, you know, arrest some shit
[01:09:29.360 --> 01:09:36.360] Because they should got to see her for a K, you know, and something retarded like that
[01:09:36.360 --> 01:09:47.360] And the prosecutor's on the dime because he's not training the cops the way they should be trained to act
[01:09:47.360 --> 01:09:53.360] Have you written a motion or a pleading on that subject?
[01:09:53.360 --> 01:09:59.360] I don't know, I've written a bunch of stuff. I gave you all my crap
[01:09:59.360 --> 01:10:01.360] Great, say that again
[01:10:01.360 --> 01:10:04.360] Okay, wait, say that again. I had my mic on, you do
[01:10:04.360 --> 01:10:09.360] Yeah, I gave you all that stuff. It was in a suit way back
[01:10:09.360 --> 01:10:12.360] It described all that stuff
[01:10:12.360 --> 01:10:15.360] Can you rescind it?
[01:10:15.360 --> 01:10:23.360] Well, I imagine, but that's where I'm saying create the division between the cops and the prosecutors
[01:10:23.360 --> 01:10:28.360] And the prosecutors hold them accountable because they're not following their scope of office
[01:10:28.360 --> 01:10:33.360] So therefore if they're out of scope of office, what do they do in getting paid?
[01:10:33.360 --> 01:10:37.360] They're not fulfilling their duties there to train the cops correctly
[01:10:37.360 --> 01:10:41.360] And so the cops are out there running around willy-nilly
[01:10:41.360 --> 01:10:45.360] And they don't even have to know the law yet they're out there enforcing the law
[01:10:45.360 --> 01:10:49.360] What does this make to any rational person?
[01:10:49.360 --> 01:10:55.360] Well, I think I might be missing a piece. Tell me, okay, you're saying
[01:10:55.360 --> 01:11:00.360] Pit the prosecutors and the cops against each other, sort of, drive a wedge, right?
[01:11:00.360 --> 01:11:06.360] But how do you make it where the cops don't want to bother people?
[01:11:06.360 --> 01:11:09.360] Is there a piece of your plan that goes to that that I missed?
[01:11:09.360 --> 01:11:16.360] Yes, yes. Okay, the cops. All right, here's how it breaks down back to liability
[01:11:16.360 --> 01:11:23.360] You have a there's two types of liability. Oh man, you got me. I don't have my document open
[01:11:23.360 --> 01:11:28.360] But anyhow, this there's a lot of what do they call it?
[01:11:28.360 --> 01:11:30.360] Vicarious
[01:11:30.360 --> 01:11:37.360] Vicarious liability. They have a strict there's strict and vicarious liability two different types
[01:11:37.360 --> 01:11:42.360] The officer when he's engaged with the public, he's engaged in his strict liability
[01:11:42.360 --> 01:11:47.360] The prosecutors engaged in his vicarious liability allowing the cop to go out there
[01:11:47.360 --> 01:11:52.360] absent proper credible training according to Brady policy that he's supposed to be doing
[01:11:52.360 --> 01:11:58.360] training the officers and what there's what those constitutional powers duties and limitations are
[01:11:58.360 --> 01:12:06.360] None of them done it because I did the information request three years ago
[01:12:06.360 --> 01:12:14.360] So to me if I'm hearing that right all the the the danger of the risk ends up landing on the prosecutor side
[01:12:14.360 --> 01:12:20.360] right because the cop could always just say hey I was acting in good faith reliance on what I was taught to do
[01:12:20.360 --> 01:12:26.360] but you know he goes out there acting like a bully he knows in his heart of hearts that he's not supposed to be
[01:12:26.360 --> 01:12:34.360] treating people like that but he he can say that well nobody ever taught me to do different than that
[01:12:34.360 --> 01:12:41.360] So where does it come in that you you hold his feet to the fire to the point that he doesn't want to bother people
[01:12:41.360 --> 01:12:45.360] You're missing the point y'all walk right over me I can't even explain it
[01:12:45.360 --> 01:12:51.360] The cop is operating in his strict liability at all times
[01:12:51.360 --> 01:12:57.360] If he goes out there and runs your hits your car with his car that's his liability
[01:12:57.360 --> 01:13:02.360] He beats you down to the ground and he's not authorized to be doing so it's just willy nilly beat you down
[01:13:02.360 --> 01:13:10.360] How cops get sued all the time they can shoot somebody gets sued you know because whatever you know happened
[01:13:10.360 --> 01:13:20.360] But the prosecutor only is operating in his vicarious life in other words he's perhaps plausible to liability where the cop does not
[01:13:20.360 --> 01:13:25.360] See that's why the cop is always liable
[01:13:25.360 --> 01:13:38.360] And you're saying that the prosecutor is vicariously liable because he has a duty to properly train and direct the police
[01:13:38.360 --> 01:13:46.360] who are each one acts as a member of the prosecutor team
[01:13:46.360 --> 01:13:59.360] Right and the cop has a duty to know the law he has a fiduciary duty just like the prosecutor has a fiduciary duty to train the cops in his office or whatever agency
[01:13:59.360 --> 01:14:09.360] It all goes back down to who has the scope of office what is their limitation what is their scope of office once we start drilling down into these specifics
[01:14:09.360 --> 01:14:16.360] Then you know where is their authority stop and start
[01:14:16.360 --> 01:14:19.360] Right
[01:14:19.360 --> 01:14:35.360] Yes does the prosecutor's immunity extend to the administrative function of training the police
[01:14:35.360 --> 01:14:45.360] Whatever is his scope of office is that his that's his duty to perform within his scope if he doesn't
[01:14:45.360 --> 01:14:55.360] Now wait wait wait hold on yeah that's his duty but that's not a prosecutorial duty that's an administrative duty
[01:14:55.360 --> 01:14:57.360] Okay
[01:14:57.360 --> 01:15:08.360] You know I went to the county attorney because my local chief of police wouldn't give a complaint to the magistrate and he told me that the prosecutor told him not to
[01:15:08.360 --> 01:15:14.360] So when I got to the courthouse Jane Staten met me in the hall and he said Mr. Kelton I know why you're here
[01:15:14.360 --> 01:15:26.360] Do you think I've lost my professional mind do you really believe I would waive my prosecutorial immunity by giving legal advice to the police
[01:15:26.360 --> 01:15:37.360] I said I'm James I don't know I'm just following the thunder but point was he knew that he gave legal advice to the police
[01:15:37.360 --> 01:15:50.360] That was not him acting in his prosecutorial function of which he has absolutely immunity but that was having him acting in an administrative function
[01:15:50.360 --> 01:15:58.360] In a large lawyer client capacity and for that he had no immunity
[01:15:58.360 --> 01:16:10.360] Well wherever you know that remains to be I guess ferreted out if it's administrative it's still administrative he still is supposed to you know
[01:16:10.360 --> 01:16:20.360] When I did those information requests you'd be surprised the answers were all over the place to just flat out questioning the question it was so stupid
[01:16:20.360 --> 01:16:27.360] But then you get this one that answers and says yeah we haven't done anything except hold some little stupid function about something blah blah blah
[01:16:27.360 --> 01:16:40.360] And it looks like wow they know about this you can ask a cop about it they've heard of it that's about all they can say because they've never had any type of training whatsoever
[01:16:40.360 --> 01:16:44.360] And so now we're back to the training who does the training
[01:16:44.360 --> 01:16:59.360] Okay we hang on hang on this this is good did your prosecutor tell you to do that we're going to break Randy Kelton wet fountain rule of law radio I call it number 512-646
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[01:19:23.360 --> 01:19:32.440] Okay, we are back, Rule of Law Radio with Randy Kelton.
[01:19:32.440 --> 01:19:37.440] I'm Brett Fountain, and we are talking with Scott in Texas.
[01:19:37.440 --> 01:19:47.200] Scott, you were describing for us about the vicarious liability and the strict liability,
[01:19:47.200 --> 01:19:55.120] and Randy was trying to distinguish between what's an administrative part of his process
[01:19:55.120 --> 01:19:58.120] versus what's his prosecutorial duty.
[01:19:58.120 --> 01:19:59.120] All right.
[01:19:59.120 --> 01:20:05.440] Yeah, how do we get at the prosecutor?
[01:20:05.440 --> 01:20:11.160] The prosecutor, for one, you would go after him and say, what is your training methods,
[01:20:11.160 --> 01:20:16.800] you know, on the Brady policy, and when they don't have any, then they're already in violation
[01:20:16.800 --> 01:20:18.960] of their scope of office.
[01:20:18.960 --> 01:20:21.240] Now you start attacking their whole character.
[01:20:21.240 --> 01:20:27.960] I mean, Trump's running around in the past two rallies talking about all the very dirty
[01:20:27.960 --> 01:20:32.880] people at the very top, creating and fabricating, and it's a two-tier system.
[01:20:32.880 --> 01:20:34.720] He's telling everybody it's a two-tier system.
[01:20:34.720 --> 01:20:41.960] We all know that to listen to this show, but how do we start driving the wedges between
[01:20:41.960 --> 01:20:44.000] the good guys and the bad guys?
[01:20:44.000 --> 01:20:46.240] We want the cops to be the good guys, great.
[01:20:46.240 --> 01:20:52.200] Let's give them the chance to be there and get rid of them out of that vicarious state
[01:20:52.200 --> 01:20:59.320] and start putting into that strict state of liability and start going back on to the prosecutor
[01:20:59.320 --> 01:21:06.000] because you have to remember the prosecutor is in his acting and strict and vicarious
[01:21:06.000 --> 01:21:13.160] liability simultaneously because if he's in violation of his oath of office and not
[01:21:13.160 --> 01:21:19.280] is a following in scope of office, now he's in strict liability of his office.
[01:21:19.280 --> 01:21:23.560] He waived that vicarious part.
[01:21:23.560 --> 01:21:30.000] So now you start going after the prosecutor for them dredging up all these bunk cases
[01:21:30.000 --> 01:21:34.920] and delaying process and every other thing that they've done.
[01:21:34.920 --> 01:21:41.600] And the only thing we could start doing is start sending some of this stuff to Trump
[01:21:41.600 --> 01:21:47.120] and to your congressmen and start letting them all know if we know this, we the people,
[01:21:47.120 --> 01:21:51.400] we know what the law is better than these people up there practicing it, why are they
[01:21:51.400 --> 01:21:52.400] practicing?
[01:21:52.400 --> 01:21:53.400] They should be perfecting it.
[01:21:53.400 --> 01:21:57.320] Obviously, they're like doctors, they practice medicine, whatever.
[01:21:57.320 --> 01:21:59.800] We know this stuff better than they do now.
[01:21:59.800 --> 01:22:05.760] So we're going to have to start showing them we know it and start filing it, writing documents
[01:22:05.760 --> 01:22:08.400] and filing it, you know, just pasting it everywhere.
[01:22:08.400 --> 01:22:09.760] I'm working on a doc right now.
[01:22:09.760 --> 01:22:13.880] I want to give it to you and maybe next week you can blast it out there and people start
[01:22:13.880 --> 01:22:19.600] using it to, you know, start sending some paperwork in, you know, and that's the only
[01:22:19.600 --> 01:22:22.800] thing I see because, you know, we're not going to be running around with guns going around
[01:22:22.800 --> 01:22:23.800] shooting people.
[01:22:23.800 --> 01:22:29.160] We're going to have to just start filing paperwork showing we know what the law is.
[01:22:29.160 --> 01:22:35.800] You're not following it and we're going to start telling everybody and, you know, that's
[01:22:35.800 --> 01:22:40.400] the only thing I've got for you at this point.
[01:22:40.400 --> 01:22:46.040] You know, that is something that they consider really dangerous.
[01:22:46.040 --> 01:22:54.920] They call us paper terrorists, have you seen that term?
[01:22:54.920 --> 01:23:00.360] If anybody talks about anything that sounds like legalese, well, they say, oh, well, you
[01:23:00.360 --> 01:23:06.120] must be a sovereign citizen and they classify you as a paper terrorist.
[01:23:06.120 --> 01:23:09.560] They topped the list in 2014.
[01:23:09.560 --> 01:23:18.200] The Southern Poverty Law Center fed the FBI a line about the sovereign citizen movement
[01:23:18.200 --> 01:23:22.600] and these paper terrorists, these are domestic terrorists and they top the list there on top
[01:23:22.600 --> 01:23:23.600] of Islam.
[01:23:23.600 --> 01:23:31.600] They're more dangerous than the radical Islamic movement and they put people who care about
[01:23:31.600 --> 01:23:32.600] the law.
[01:23:32.600 --> 01:23:33.600] Wait a minute.
[01:23:33.600 --> 01:23:36.600] I'm on that list.
[01:23:36.600 --> 01:23:37.600] Exactly.
[01:23:37.600 --> 01:23:43.200] They put people who care about the law and try to hold officials accountable to follow
[01:23:43.200 --> 01:23:50.160] the law in a position of domestic terrorist.
[01:23:50.160 --> 01:23:54.160] So, yeah, that's their term, paper terrorist, when you said that, Scott, you made me think
[01:23:54.160 --> 01:23:56.160] about we're not going to go around shooting everybody.
[01:23:56.160 --> 01:23:59.520] We need to file paperwork and that's exactly what they're scared of.
[01:23:59.520 --> 01:24:02.680] They're more scared of that than they are of anybody with guns.
[01:24:02.680 --> 01:24:03.680] It's amazing.
[01:24:03.680 --> 01:24:10.200] Well, you know, Jody, he was there with us, he's been in jail two years now, he's still
[01:24:10.200 --> 01:24:14.960] in jail because he filed some paper with the district attorney saying he was going to put
[01:24:14.960 --> 01:24:19.480] these people in jail and they turned around and issued a warrant on him and he's still
[01:24:19.480 --> 01:24:21.600] sitting in the pokey as far as I know.
[01:24:21.600 --> 01:24:22.600] Oh, wow.
[01:24:22.600 --> 01:24:23.600] Two years.
[01:24:23.600 --> 01:24:24.600] Yeah.
[01:24:24.600 --> 01:24:33.840] So, you don't have to tell me, I know, he knows.
[01:24:33.840 --> 01:24:38.040] Send me, I'm back in Texas now, send me the information on Jody.
[01:24:38.040 --> 01:24:39.040] I will.
[01:24:39.040 --> 01:24:44.160] Send that question, put a HBS in their hands.
[01:24:44.160 --> 01:24:53.000] Yeah, well, you know, I mean, it's hard to, you know, to do the right thing when you
[01:24:53.000 --> 01:24:57.240] get stomped over like a little old bug, you know, and then it's like, what are you supposed
[01:24:57.240 --> 01:24:58.240] to do?
[01:24:58.240 --> 01:25:03.600] You know, just roll over and let it, let him keep doing it, like, you know, you got
[01:25:03.600 --> 01:25:06.920] to get the word out and still talk about it.
[01:25:06.920 --> 01:25:11.880] That's why you start putting some of this stuff and, you know, I'm going to, I have
[01:25:11.880 --> 01:25:16.280] this stuff with the, this paperwork I'm working on, I'm going to send it, I sent you all a
[01:25:16.280 --> 01:25:20.960] rough draft, you know, what, but I'm adding some of this stuff that I know Randy even
[01:25:20.960 --> 01:25:27.800] has, you know, and talk about Trump's, right now though, is a good time because Trump just
[01:25:27.800 --> 01:25:35.880] exposed the two-tier system and he was pardoning a bunch of guys who just got like out of prison
[01:25:35.880 --> 01:25:36.880] and stuff.
[01:25:36.880 --> 01:25:40.000] And, you know, a whole bunch of people and he's sitting there and held a speech in front
[01:25:40.000 --> 01:25:44.160] of them and said, y'all know about a rig core system better than anybody and, you know,
[01:25:44.160 --> 01:25:50.680] he's telling everybody it's a rig system and we all know it's rig and they're operating
[01:25:50.680 --> 01:25:52.080] out of scope.
[01:25:52.080 --> 01:25:57.600] The only way to get to them is to start drilling into their, you know, their scope of office
[01:25:57.600 --> 01:26:04.120] and where they're violating these scopes of office and, and find out what is their authority?
[01:26:04.120 --> 01:26:06.600] Who gave them this authority to issue this?
[01:26:06.600 --> 01:26:10.440] Who gave this authority, who gave the authority for the cop to go out there and sit on the
[01:26:10.440 --> 01:26:15.720] corner with a, with a camera and, you know, start, you know, give them speeding citations?
[01:26:15.720 --> 01:26:17.600] Who gave them that authority?
[01:26:17.600 --> 01:26:20.080] Where do you get his training from?
[01:26:20.080 --> 01:26:24.960] Why is the prosecutor allowing these bogus cases to come across his desk?
[01:26:24.960 --> 01:26:25.960] Why?
[01:26:25.960 --> 01:26:27.960] Barotry, that's why.
[01:26:27.960 --> 01:26:32.720] We're going to stir up trouble and then get paid to prosecute it.
[01:26:32.720 --> 01:26:38.360] We got to make it to where it's so expensive for them to do it, they, they, it just gives
[01:26:38.360 --> 01:26:40.640] up a bad taste in their mouth.
[01:26:40.640 --> 01:26:42.240] We got to hit them in their pocketbook.
[01:26:42.240 --> 01:26:45.400] That's the only way to do it.
[01:26:45.400 --> 01:26:51.520] So, you know, Scott, you'd make a good preacher.
[01:26:51.520 --> 01:26:52.520] Yeah.
[01:26:52.520 --> 01:26:57.520] To gospel, according to Scott Scott.
[01:26:57.520 --> 01:27:05.520] Well, some people would call me Scorster Scott, you know, so.
[01:27:05.520 --> 01:27:06.520] Okay.
[01:27:06.520 --> 01:27:08.520] Scorster Scott.
[01:27:08.520 --> 01:27:09.520] Okay.
[01:27:09.520 --> 01:27:10.520] Okay.
[01:27:10.520 --> 01:27:13.520] Uh, oh, he's still got some time.
[01:27:13.520 --> 01:27:17.520] I didn't compute his own admittance.
[01:27:17.520 --> 01:27:18.520] Okay.
[01:27:18.520 --> 01:27:19.520] Thank you.
[01:27:19.520 --> 01:27:22.520] Scott, get those documents to me.
[01:27:22.520 --> 01:27:30.640] Uh, I've got some places, I want to send them in, in this line, uh, in the, on the traffic
[01:27:30.640 --> 01:27:32.840] site.
[01:27:32.840 --> 01:27:43.760] One thing I didn't add were bar grievances and I'll take this information and add it
[01:27:43.760 --> 01:27:50.520] to the grade emotion that I have on the traffic site and I'm about at the point where I'm
[01:27:50.520 --> 01:28:00.480] ready to expand the traffic site into some basic due process because all of the people
[01:28:00.480 --> 01:28:09.000] that I talked to for the most part have some of the exact same issues occurring and a relatively
[01:28:09.000 --> 01:28:19.960] quick remedy would be like this issue of being called to court repeatedly is, uh, simulated
[01:28:19.960 --> 01:28:24.720] legal process every time they are called to court and they go down there and sit down
[01:28:24.720 --> 01:28:32.400] there all day and do nothing, then they go on the questionnaire and tell us what happened
[01:28:32.400 --> 01:28:37.960] and it spits out a criminal complaint against a judge, criminal complaint against a prosecutor,
[01:28:37.960 --> 01:28:45.800] judicial conduct complaint, bar grievance, a, uh, professional conduct, a T-close complaint
[01:28:45.800 --> 01:28:49.120] against the officer.
[01:28:49.120 --> 01:28:57.120] Even though the officer didn't summon you, you're fine against him anyway.
[01:28:57.120 --> 01:28:59.760] Let him deal with it.
[01:28:59.760 --> 01:29:04.360] That creates the wedge, you start getting affected in his pocket foot too because he's
[01:29:04.360 --> 01:29:10.360] wanted out there doing it and create a wedge and just fire them all up and that way once
[01:29:10.360 --> 01:29:15.840] you start pointing the guns over at this section, say, okay, prosecutor, boy, all of your steps
[01:29:15.840 --> 01:29:21.240] that you misstep on, boom, boom, boom, boom, boom, boom, just start laying it all out there
[01:29:21.240 --> 01:29:27.200] and, you know, once the cops start feeling like it's too costly for them to go out there
[01:29:27.200 --> 01:29:31.840] and the prosecutors be getting wore out because we're just going to take it to them every
[01:29:31.840 --> 01:29:36.920] single time, that's the only way it's going to stop and nobody's going to say it's going
[01:29:36.920 --> 01:29:40.080] to be easy, but if we don't do it, it won't stop.
[01:29:40.080 --> 01:29:41.080] Hang on.
[01:29:41.080 --> 01:29:47.200] We're about to go to work, oops, I'm not supposed to say work, yeah, we're about to go to our
[01:29:47.200 --> 01:29:54.400] sponsor's, uh, do you have anything else for us, Scott?
[01:29:54.400 --> 01:30:03.240] I think he hung up on me, we'll be right back.
[01:30:03.240 --> 01:30:08.040] Since 9-11, our government has used invasive measures like warrantless phone taps to keep
[01:30:08.040 --> 01:30:12.600] us safe from terrorists, but too much government surveillance could actually put us at greater
[01:30:12.600 --> 01:30:13.600] risk.
[01:30:13.600 --> 01:30:18.800] I'm Dr. Katherine Albrecht and I'll be back with the unsettling truth in just a moment.
[01:30:18.800 --> 01:30:20.400] Privacy is under attack.
[01:30:20.400 --> 01:30:24.000] When you give up data about yourself, you'll never get it back again.
[01:30:24.000 --> 01:30:28.760] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:28.760 --> 01:30:33.960] So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:33.960 --> 01:30:36.520] Privacy, it's worth hanging on to.
[01:30:36.520 --> 01:30:40.840] This public service announcement is brought to you by StartPage.com, the private search
[01:30:40.840 --> 01:30:44.360] engine alternative to Google, Yahoo, and Bing.
[01:30:44.360 --> 01:30:47.480] Start over with StartPage.
[01:30:47.480 --> 01:30:50.280] Our greatest threat isn't terrorists, it's government.
[01:30:50.280 --> 01:30:54.680] According to political science professor RJ Rummel, 20th century governments murdered
[01:30:54.680 --> 01:30:59.120] nearly 300 million of their own citizens, six times more than all the centuries war
[01:30:59.120 --> 01:31:04.480] is combined, and governments that kill have one thing in common, too much power.
[01:31:04.480 --> 01:31:08.200] This is government power, and historically governments have used surveillance to protect
[01:31:08.200 --> 01:31:10.200] themselves rather than citizens.
[01:31:10.200 --> 01:31:14.000] If you think such abuse couldn't happen in the U.S., just look back to Watergate.
[01:31:14.000 --> 01:31:18.680] Join me in opposing the Patriot Act and let's return to the best protection, a federal government
[01:31:18.680 --> 01:31:21.920] with limited powers in accordance with the U.S. Constitution.
[01:31:21.920 --> 01:31:31.240] I'm Dr. Katherine Albrecht, more news and information at KatherineAlbrecht.com.
[01:31:31.240 --> 01:31:36.600] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:36.600 --> 01:31:38.600] The government says that fire brought it down.
[01:31:38.600 --> 01:31:43.640] However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.640 --> 01:31:47.680] Over 6,000 of my fellow service members have given their lives to thousands of my fellow
[01:31:47.680 --> 01:31:49.080] force respondents applying.
[01:31:49.080 --> 01:31:52.880] I'm not a conspiracy theorist, I'm a structural engineer, I'm a New York City correction officer,
[01:31:52.880 --> 01:31:57.760] I'm an Air Force pilot, I'm a father who lost his son, we're Americans, and we deserve the
[01:31:57.760 --> 01:31:58.760] truth.
[01:31:58.760 --> 01:32:01.520] Rememberbuilding7.org today.
[01:32:01.520 --> 01:32:05.520] Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[01:32:05.520 --> 01:32:09.160] In today's America, we live in a us against them society, and if we the people are ever
[01:32:09.160 --> 01:32:13.120] going to have a free society, then we're going to have to stand and defend our own rights.
[01:32:13.120 --> 01:32:16.320] Among those rights are the right to travel freely from place to place, the right to
[01:32:16.320 --> 01:32:20.560] act in our own private capacity, and most importantly, the right to do process of law.
[01:32:20.560 --> 01:32:24.440] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[01:32:24.440 --> 01:32:26.320] our rights through due process.
[01:32:26.320 --> 01:32:29.800] Our Sheriff's Deputy, Eddie Craig, in conjunction with Rule of Law Radio, has put together the
[01:32:29.800 --> 01:32:33.560] most comprehensive teaching tool available that will help you understand what due process
[01:32:33.560 --> 01:32:35.960] is and how to hold courts to the rule of law.
[01:32:35.960 --> 01:32:39.960] You can get your own copy of this invaluable material by going to ruleoflawradio.com and
[01:32:39.960 --> 01:32:40.960] ordering your copy today.
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[01:32:44.600 --> 01:32:49.040] The Law vs. the Lie, video and audio of the original 2009 seminar, hundreds of research
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[01:32:51.360 --> 01:32:55.320] Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[01:32:55.320 --> 01:33:03.600] For your copy today and together we can have the pre-society we all want and deserve.
[01:33:03.600 --> 01:33:04.600] Looking for some truth?
[01:33:04.600 --> 01:33:33.600] You found it, LogosRadioNetwork.com.
[01:33:34.600 --> 01:33:56.600] The way it comes with temptation, they're trying to buy the whole place, they want to
[01:33:56.600 --> 01:34:04.440] force the nation because they're falling from grace.
[01:34:04.440 --> 01:34:10.920] Okay, we are back, rule of law radio, Randy Kelton, I'm Brett Fountain, and we're going
[01:34:10.920 --> 01:34:12.600] to go to the next caller.
[01:34:12.600 --> 01:34:14.600] We have Abel in California.
[01:34:14.600 --> 01:34:18.040] Good evening Abel, what do you have for us?
[01:34:18.040 --> 01:34:20.040] How you doing?
[01:34:20.040 --> 01:34:21.040] Hello.
[01:34:21.040 --> 01:34:31.560] I had a court, there was a, well I had a court today, it was something simple called dog,
[01:34:31.560 --> 01:34:41.040] they gave me a ticket for not having that license with my dog and having my dog tied
[01:34:41.040 --> 01:34:45.640] up on a pole, I guess in a chain, that wasn't true.
[01:34:45.640 --> 01:34:49.240] Wait a minute, would you let your dog drive?
[01:34:49.240 --> 01:34:57.480] Almost, I should have just given him my license and let him drive, it would have been better.
[01:34:57.480 --> 01:35:04.640] Yeah, and I went to court and I asked for a motion hearing and we filed a paperwork, I
[01:35:04.640 --> 01:35:09.960] filed a paperwork and they pretty much ignored it.
[01:35:09.960 --> 01:35:16.920] Today I had a court today, I filed that on, let me see, I have a paperwork here, on January
[01:35:16.920 --> 01:35:27.400] the 31st, 2020, the first hearing motion and they today they say they never received it,
[01:35:27.400 --> 01:35:34.920] I have a service, I mailed it, certified mail, received and everything, they received it
[01:35:34.920 --> 01:35:43.080] and they pretty much ignored it, the judge ignored the paperwork, they continued to trial,
[01:35:43.080 --> 01:35:48.520] the prosecutor never answered the paperwork, they pretty much didn't care, he just ignored
[01:35:48.520 --> 01:35:49.520] it.
[01:35:49.520 --> 01:35:50.520] I filed.
[01:35:50.520 --> 01:35:56.520] Wow, I'm so shocked and surprised, aren't you Randy, that's just amazing that they would
[01:35:56.520 --> 01:35:59.000] not all of this kind of work.
[01:35:59.000 --> 01:36:07.240] I'm not sure if I believe this, they wouldn't just ignore you, because if they did that,
[01:36:07.240 --> 01:36:16.720] they would fail to properly apply the law to the facts and in that case, they would commit
[01:36:16.720 --> 01:36:22.560] the act of official misconduct against you, though they wouldn't commit crimes from the
[01:36:22.560 --> 01:36:23.560] bench.
[01:36:23.560 --> 01:36:33.000] Oh my God, well, I amended it and I filed a new amended paperwork today, the 21st, 10
[01:36:33.000 --> 01:36:43.760] o'clock, I took an extra copy, I tried to handle it to the DA, he refused to just seen
[01:36:43.760 --> 01:36:53.520] it, I filed it in court, before court I had a court at 1.30 here in California, they
[01:36:53.520 --> 01:36:54.520] didn't even want it.
[01:36:54.520 --> 01:37:01.760] They didn't even look at my eyes, they just turned around and they ignored me and I objected,
[01:37:01.760 --> 01:37:09.200] they needed to answer the motion hearing, they pretty much ignored me, they moved forward
[01:37:09.200 --> 01:37:15.680] with the trial, they pretty much ignored my motion hearing.
[01:37:15.680 --> 01:37:24.320] Oh, do I have a gambit for you?
[01:37:24.320 --> 01:37:35.520] Go to the, contact the local FBI and find out, go to their website, they'll have a website,
[01:37:35.520 --> 01:37:46.280] and the only FBI agent whose name you can find is the special agent in charge.
[01:37:46.280 --> 01:37:53.360] Find out the special agent's name and prepare criminal complaints against the prosecutor
[01:37:53.360 --> 01:38:08.200] and the judge and file them with the FBI for 18 U.S. Code 242, the Ku Klux Klan Act, it's
[01:38:08.200 --> 01:38:13.800] official misconduct or official oppression, but it's in the Fed, you file it with the
[01:38:13.800 --> 01:38:17.880] special agent in charge of the FBI.
[01:38:17.880 --> 01:38:26.480] And in order to cover his behind, they're not going to do anything, but they've got
[01:38:26.480 --> 01:38:33.440] to cover themselves, he will have a special agent contact the judge about your criminal
[01:38:33.440 --> 01:38:44.440] complaints against him in the Fed, all of a sudden you're going to have the judge's attention.
[01:38:44.440 --> 01:38:54.840] Okay, yeah, okay, but write down 18 U.S. Code 242, is that actually something more you
[01:38:54.840 --> 01:39:03.120] can charge him with, it's more than more complicated, it's simple enough just to use that one.
[01:39:03.120 --> 01:39:09.600] Able, is this a municipal code ordinance thing, because you were talking about your dog has
[01:39:09.600 --> 01:39:13.920] to be on a train or something, is that a city thing?
[01:39:13.920 --> 01:39:29.840] Well, it's a misdemeanor, they file it as a misdemeanor, it's MCC 604-160 and MCC 604-160,
[01:39:29.840 --> 01:39:30.840] two misdemeanors.
[01:39:30.840 --> 01:39:34.120] Okay, wait, wait, wait, wait, what does MCC mean?
[01:39:34.120 --> 01:39:43.160] It's a misdemeanor, I guess it's a criminal code, I didn't even mention it, that's what
[01:39:43.160 --> 01:39:44.560] they gave me on the train.
[01:39:44.560 --> 01:39:51.760] I think that M is going to be municipal code, municipal city code or something.
[01:39:51.760 --> 01:40:06.760] Okay, question, where in the California Constitution was the California Constitution?
[01:40:06.760 --> 01:40:13.000] Randy, you're kind of breaking up there.
[01:40:13.000 --> 01:40:24.880] Okay, where in the California Constitution was the legislature authorized to delegate
[01:40:24.880 --> 01:40:27.720] its lawmaking authority?
[01:40:27.720 --> 01:40:35.920] Reason I'm asking that question that way, is the legislatures of every state are authorized
[01:40:35.920 --> 01:40:41.600] to create courts as they deem necessary?
[01:40:41.600 --> 01:40:51.480] So the legislature can create municipal courts, but they are not authorized to delegate the
[01:40:51.480 --> 01:40:54.360] lawmaking authority.
[01:40:54.360 --> 01:41:04.880] Now this corporation court, this municipal court can create ordinances, but those ordinances
[01:41:04.880 --> 01:41:14.320] can only apply to employees of the corporation or to people in contractual privity with the
[01:41:14.320 --> 01:41:16.320] corporation.
[01:41:16.320 --> 01:41:24.080] If they apply the law to the public in general, it becomes a public law and only the legislature
[01:41:24.080 --> 01:41:27.440] can write public law.
[01:41:27.440 --> 01:41:31.440] That's a great constitutional challenge.
[01:41:31.440 --> 01:41:37.000] Okay, that is a good one.
[01:41:37.000 --> 01:41:38.480] That'll make them crazy.
[01:41:38.480 --> 01:41:47.360] Send me an email, randy at ruleoflawradio.com, and ask for my municipal constitutional challenge.
[01:41:47.360 --> 01:41:52.680] It's actually Eddie Craig's argument, he's the one that came up with it, not me.
[01:41:52.680 --> 01:41:58.440] But I will send you the motion I used on that, and it'll be simple enough because it's
[01:41:58.440 --> 01:42:04.440] really written toward federal law, it'll be easy enough to adjust it to California.
[01:42:04.440 --> 01:42:09.440] Okay, good, thank you.
[01:42:09.440 --> 01:42:16.440] Okay, now continue, I kind of interrupted there, I'll shut that down.
[01:42:16.440 --> 01:42:18.440] Go ahead.
[01:42:18.440 --> 01:42:24.440] No, he was saying you can continue.
[01:42:24.440 --> 01:42:34.440] Oh, continue, well, I also, well, this case came about, I have a video on YouTube.
[01:42:34.440 --> 01:42:41.440] This dog found officer came on the property because she had a noise complaint.
[01:42:41.440 --> 01:42:47.440] I guess the neighbor was complaining about my dog barking, and I seen her so I walked
[01:42:47.440 --> 01:42:55.440] outside my driveway on my property, and she said she was there to talk to me about my
[01:42:55.440 --> 01:43:04.440] dog, they couldn't be barking, so I asked her to get off my property, and if I committed
[01:43:04.440 --> 01:43:10.440] a crime, she shook her head, no, and I asked her, do you have a warrant?
[01:43:10.440 --> 01:43:16.440] She said no, so I asked her to get off my property, I'm giving you a trespass warning,
[01:43:16.440 --> 01:43:21.440] I asked her to continue to ask her to get off my property, and she finally started backing
[01:43:21.440 --> 01:43:28.440] up while she was on her phone, she keeps backing up and runs into my mailbox.
[01:43:28.440 --> 01:43:35.440] She then said, destruction of property, pretty much, and I end up getting convicted today
[01:43:35.440 --> 01:43:47.440] of a section 604 for not having a license on my dog, and having the vaccination.
[01:43:47.440 --> 01:43:51.440] So you need to have a license for dogs to bark and license?
[01:43:51.440 --> 01:43:56.440] Are you sure they don't need a license to growl?
[01:43:56.440 --> 01:44:00.440] We're actually going to go to our sponsors here, and we'll...
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[01:45:00.440 --> 01:45:03.440] Are you the plaintiff or defendant in a lawsuit?
[01:45:03.440 --> 01:45:10.440] Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand four-CD course
[01:45:10.440 --> 01:45:14.440] that will show you how, in 24 hours, you step by step.
[01:45:14.440 --> 01:45:18.440] If you have a lawyer, know what your lawyer should be doing.
[01:45:18.440 --> 01:45:22.440] If you don't have a lawyer, know what you should do for yourself.
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[01:45:38.440 --> 01:45:42.440] about the principles and practices that control our American courts.
[01:45:42.440 --> 01:45:51.440] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, prosa tactics, and much more.
[01:45:51.440 --> 01:45:55.440] Please visit ruleoflawradio.com and click on the banner.
[01:45:55.440 --> 01:46:13.440] Or call toll-free 866-LAW-E-Z.
[01:46:26.440 --> 01:46:29.440] Okay, cut my slurpy rump.
[01:46:29.440 --> 01:46:31.440] Come on, Zingary, come on!
[01:46:31.440 --> 01:46:37.440] As we so, so shall we be.
[01:46:37.440 --> 01:46:40.440] The words of Zingary, she was from so many groups.
[01:46:40.440 --> 01:46:44.440] The words they've put on all of me.
[01:46:44.440 --> 01:46:47.440] The one who called out your giants be.
[01:46:47.440 --> 01:46:52.440] Her small steps to the giant be.
[01:46:52.440 --> 01:46:55.440] Of course, her wrong points are wrong.
[01:46:55.440 --> 01:47:00.440] As we so, so shall we be.
[01:47:00.440 --> 01:47:02.440] Everybody listen to this song.
[01:47:02.440 --> 01:47:06.440] Come on, Zingary, come on!
[01:47:06.440 --> 01:47:08.440] Come on, Zingary, come on!
[01:47:08.440 --> 01:47:10.440] Come on, Zingary, come on!
[01:47:10.440 --> 01:47:12.440] Come on, Zingary, come on!
[01:47:12.440 --> 01:47:16.440] American and gas-hours, from the toto nighter.
[01:47:16.440 --> 01:47:21.440] One by one, new friend, a lady by the sea.
[01:47:21.440 --> 01:47:24.440] And the words are put on my feet.
[01:47:24.440 --> 01:47:28.440] Then the elephant hunts me, say, as you go along.
[01:47:28.440 --> 01:47:30.440] No leg, come on!
[01:47:30.440 --> 01:47:32.440] Say, knock your door, man.
[01:47:32.440 --> 01:47:36.440] Cheer with the barn, if you don't plant no seed.
[01:47:36.440 --> 01:47:40.440] My friend, Lord, you're better hop on for the seed.
[01:47:40.440 --> 01:47:42.440] Okay, we are back.
[01:47:42.440 --> 01:47:44.440] Randy Kelton's Red Mountain.
[01:47:44.440 --> 01:47:46.440] We live by radio.
[01:47:46.440 --> 01:47:52.440] My screen shows my caller got dropped off.
[01:47:52.440 --> 01:47:56.440] Yep, looks like we lost Abel.
[01:47:56.440 --> 01:48:00.440] Abel, if you lost your call, call back.
[01:48:00.440 --> 01:48:02.440] We'll come back to you.
[01:48:02.440 --> 01:48:04.440] We're going to Tamra in Colorado.
[01:48:04.440 --> 01:48:07.440] Hello, Tamra.
[01:48:07.440 --> 01:48:09.440] Oh, hello.
[01:48:09.440 --> 01:48:10.440] Oh, hello.
[01:48:10.440 --> 01:48:14.440] And last time you were on, we went to break
[01:48:14.440 --> 01:48:17.440] in my system crash, and I had to put it in an archive.
[01:48:17.440 --> 01:48:20.440] So it kind of lost you.
[01:48:20.440 --> 01:48:22.440] Are you there?
[01:48:22.440 --> 01:48:24.440] I am here.
[01:48:24.440 --> 01:48:25.440] Okay.
[01:48:25.440 --> 01:48:29.440] What do you have for us today?
[01:48:29.440 --> 01:48:31.440] I went to court again today.
[01:48:31.440 --> 01:48:34.440] I did not see what they wanted me to do,
[01:48:34.440 --> 01:48:37.440] and that was get a public defender last time.
[01:48:37.440 --> 01:48:43.440] And I waited to give the DA an opportunity to dismiss it.
[01:48:43.440 --> 01:48:49.440] And the judge made me talk to a public defender who was there,
[01:48:49.440 --> 01:48:55.440] and I was told that one of two things is going to happen.
[01:48:55.440 --> 01:48:58.440] Innocent people go to prison all the time,
[01:48:58.440 --> 01:49:02.440] and that I'm either going to be going to prison
[01:49:02.440 --> 01:49:06.440] or I'm going to let a public defender represent me
[01:49:06.440 --> 01:49:13.440] and maybe get a jury to get rid of all this,
[01:49:13.440 --> 01:49:16.440] because apparently in the state of Colorado,
[01:49:16.440 --> 01:49:21.440] a civil matter can run right alongside of a criminal matter,
[01:49:21.440 --> 01:49:27.440] and so they're calling this a criminal matter.
[01:49:27.440 --> 01:49:31.440] What did it start out as?
[01:49:31.440 --> 01:49:37.440] It was a civil matter, but it was resolved last June.
[01:49:37.440 --> 01:49:38.440] No.
[01:49:38.440 --> 01:49:39.440] Okay.
[01:49:39.440 --> 01:49:48.440] Here's the deal.
[01:49:48.440 --> 01:49:50.440] Can you hear me?
[01:49:50.440 --> 01:49:52.440] There you are.
[01:49:52.440 --> 01:49:53.440] Okay.
[01:49:53.440 --> 01:49:58.440] He can't afford to insure either one of them.
[01:49:58.440 --> 01:50:04.440] So he makes a deal with her or she'll insure both of them.
[01:50:04.440 --> 01:50:07.440] He decides he wants his car back,
[01:50:07.440 --> 01:50:11.440] so he charges her without a theft.
[01:50:11.440 --> 01:50:14.440] Yeah, he reneged on his agreement with me
[01:50:14.440 --> 01:50:16.440] to give me the title for the vehicle
[01:50:16.440 --> 01:50:20.440] for having gotten insurance on that vehicle and another vehicle
[01:50:20.440 --> 01:50:23.440] so he could get the interlock system on his other vehicle
[01:50:23.440 --> 01:50:27.440] and get out of jail on work release.
[01:50:27.440 --> 01:50:32.440] So I did him a favor and he reneged and burned me
[01:50:32.440 --> 01:50:38.440] and then went to the police and told them that I had stolen it.
[01:50:38.440 --> 01:50:43.440] And he said that the public defender today said that the jury
[01:50:43.440 --> 01:50:47.440] and whatever are all going to go by what the law says,
[01:50:47.440 --> 01:50:51.440] circumstances and the whole situation of how it all occurred
[01:50:51.440 --> 01:50:54.440] is going to be irrelevant and inadmissible,
[01:50:54.440 --> 01:50:58.440] and it could be based solely on the law
[01:50:58.440 --> 01:51:02.440] and I did not return it in 24 hours after he told me
[01:51:02.440 --> 01:51:07.440] that he just wanted it back.
[01:51:07.440 --> 01:51:13.440] So am I going to try to find legal help to take him to court
[01:51:13.440 --> 01:51:16.440] and see if I can get the judge to make him give me the title
[01:51:16.440 --> 01:51:20.440] according to our agreement is irrelevant.
[01:51:20.440 --> 01:51:24.440] It'll hold no way to set all matters.
[01:51:24.440 --> 01:51:27.440] And this is the public defender telling you this?
[01:51:27.440 --> 01:51:29.440] Yes.
[01:51:29.440 --> 01:51:32.440] The same guy who's telling you, I mean is it just me
[01:51:32.440 --> 01:51:35.440] or does it sound like the public defender is threatening you
[01:51:35.440 --> 01:51:39.440] saying things like innocent people go to jail all the time?
[01:51:39.440 --> 01:51:45.440] Yeah, about any story about he and I,
[01:51:45.440 --> 01:51:49.440] both of his family's vehicles in his name only.
[01:51:49.440 --> 01:51:53.440] If his wife were to take the vehicle anywhere
[01:51:53.440 --> 01:51:57.440] without his permission, he could call and have her arrested.
[01:51:57.440 --> 01:52:00.440] If he gave her permission to take the vehicle
[01:52:00.440 --> 01:52:03.440] and then changed his mind, you know, half hour later,
[01:52:03.440 --> 01:52:05.440] he could call and have her arrested.
[01:52:05.440 --> 01:52:07.440] That's the law here in Colorado.
[01:52:07.440 --> 01:52:09.440] That's what he's telling you.
[01:52:09.440 --> 01:52:12.440] That is horse manure.
[01:52:12.440 --> 01:52:16.440] Well, that's what he told me and I have it on tape.
[01:52:16.440 --> 01:52:22.440] Oh, wait a minute. Are you saying that a lawyer said something
[01:52:22.440 --> 01:52:26.440] and you believe it?
[01:52:26.440 --> 01:52:31.440] The only time a lawyer will lie to you
[01:52:31.440 --> 01:52:34.440] is if he slips or moving.
[01:52:34.440 --> 01:52:36.440] If he what?
[01:52:36.440 --> 01:52:39.440] If his lips are moving.
[01:52:39.440 --> 01:52:41.440] Unless, of course, he's a ventriloquist,
[01:52:41.440 --> 01:52:45.440] then he'll lie to you all the time.
[01:52:45.440 --> 01:52:47.440] Yeah.
[01:52:47.440 --> 01:52:49.440] Yeah, so what do I do, guys?
[01:52:49.440 --> 01:52:53.440] Because now I've had to apply for a public offender
[01:52:53.440 --> 01:52:59.440] and clearly they're seeking to railroad me straight into prison.
[01:52:59.440 --> 01:53:02.440] Okay, good. You've got a public offender.
[01:53:02.440 --> 01:53:06.440] First thing you want to do is bar-greaving.
[01:53:06.440 --> 01:53:08.440] A bar-greaving?
[01:53:08.440 --> 01:53:13.440] Yeah, I filed a complaint against him with the state Supreme Court.
[01:53:13.440 --> 01:53:19.440] Now, in Colorado, if you go to the State Bar Association's website,
[01:53:19.440 --> 01:53:23.440] they will tell you that if you have a complaint against a lawyer,
[01:53:23.440 --> 01:53:26.440] you need to file it with them.
[01:53:26.440 --> 01:53:30.440] Not true.
[01:53:30.440 --> 01:53:34.440] If you have a complaint against a lawyer in Colorado,
[01:53:34.440 --> 01:53:38.440] you file it with your Supreme Court.
[01:53:38.440 --> 01:53:42.440] The State Bar is lying to you.
[01:53:42.440 --> 01:53:47.440] So file a complaint with the Supreme Court against the lawyer,
[01:53:47.440 --> 01:53:55.440] accuses the lawyer of acting as a partner to the prosecution,
[01:53:55.440 --> 01:53:57.440] lying to you about the law,
[01:53:57.440 --> 01:54:03.440] trying to coerce you into taking a improper plea bargain.
[01:54:03.440 --> 01:54:05.440] Now, while he said he wasn't my lawyer,
[01:54:05.440 --> 01:54:09.440] he just was talking to me because the judge said that
[01:54:09.440 --> 01:54:12.440] he needed to understand the gravity of the situation.
[01:54:12.440 --> 01:54:15.440] So that's what he was supposed to do is let me know.
[01:54:15.440 --> 01:54:17.440] Okay, that's even better.
[01:54:17.440 --> 01:54:22.440] Because there's a specific rule that says that a lawyer is not allowed
[01:54:22.440 --> 01:54:28.440] to attempt to obtain from an unrepresented accused
[01:54:28.440 --> 01:54:34.440] a waiver of important rights.
[01:54:34.440 --> 01:54:37.440] So that lawyer who is telling you,
[01:54:37.440 --> 01:54:40.440] oh, I'm not your lawyer, so it's real clear to him
[01:54:40.440 --> 01:54:42.440] he knows that you're unrepresented.
[01:54:42.440 --> 01:54:47.440] And here he is trying to get a waiver of your important rights.
[01:54:47.440 --> 01:54:52.440] There's a specific bar, a rule in his laundry list
[01:54:52.440 --> 01:54:55.440] of the rules of ethics that he needs to follow,
[01:54:55.440 --> 01:54:59.440] and he straight up violated that one.
[01:54:59.440 --> 01:55:03.440] There's a nice clean bar grievance for you right there.
[01:55:03.440 --> 01:55:04.440] Okay.
[01:55:04.440 --> 01:55:07.440] Let me explain how this works.
[01:55:07.440 --> 01:55:13.440] The only way you're going to get him to drop this case against you
[01:55:13.440 --> 01:55:19.440] is in order to protect your lawyer from you.
[01:55:19.440 --> 01:55:23.440] That's why you want public defender.
[01:55:23.440 --> 01:55:26.440] As soon as the public defender gets in place,
[01:55:26.440 --> 01:55:28.440] get him to do something like telling you,
[01:55:28.440 --> 01:55:32.440] tell you you should take a B.S. deal and then bar grievance.
[01:55:32.440 --> 01:55:37.440] Well, he's going to have a fit because that's going to dramatically
[01:55:37.440 --> 01:55:40.440] increase his malpractice insurance.
[01:55:40.440 --> 01:55:42.440] It's going to cost him a lot of money.
[01:55:42.440 --> 01:55:45.440] He's going to be real unhappy.
[01:55:45.440 --> 01:55:47.440] But he's your lawyer.
[01:55:47.440 --> 01:55:48.440] He can't quit.
[01:55:48.440 --> 01:55:53.440] So he'll go to the judge and ask the judge to remove him from the case.
[01:55:53.440 --> 01:55:55.440] Then you go to the judge and tell the judge,
[01:55:55.440 --> 01:55:58.440] don't you dare remove him from that case.
[01:55:58.440 --> 01:56:01.440] He's my lawyer of choice.
[01:56:01.440 --> 01:56:03.440] And the judge is going to...
[01:56:03.440 --> 01:56:06.440] Do I want to impair his contractual obligations?
[01:56:06.440 --> 01:56:07.440] Right.
[01:56:07.440 --> 01:56:09.440] The judge has...
[01:56:09.440 --> 01:56:16.440] The Constitution specifically forbids the government from interfering
[01:56:16.440 --> 01:56:19.440] with private contracts.
[01:56:19.440 --> 01:56:22.440] Well, they're going to say this is not a private contract between you and me.
[01:56:22.440 --> 01:56:25.440] It's a contract between me and the...
[01:56:25.440 --> 01:56:28.440] The lawyer is going to say between me and the state.
[01:56:28.440 --> 01:56:34.440] And you're going to say, yes, it is, but you are the intended third party beneficiary
[01:56:34.440 --> 01:56:37.440] and you have standing under the contract.
[01:56:37.440 --> 01:56:40.440] And when the judge removes the lawyer from your case,
[01:56:40.440 --> 01:56:43.440] then you file a criminal complaint against the judge
[01:56:43.440 --> 01:56:49.440] and file a notice of tort of intent to sue against the judge.
[01:56:49.440 --> 01:56:54.440] They're not going to dismiss your case because you're nice to them,
[01:56:54.440 --> 01:56:59.440] because you kiss their behinds and tell them what they want to hear.
[01:56:59.440 --> 01:57:01.440] They're going to railroad you.
[01:57:01.440 --> 01:57:05.440] The only way you're going to get them to dismiss it is you have to be difficult.
[01:57:05.440 --> 01:57:08.440] You have to create a problem with them.
[01:57:08.440 --> 01:57:10.440] But do it within law.
[01:57:10.440 --> 01:57:13.440] Bargree the lawyer every time he moves.
[01:57:13.440 --> 01:57:16.440] And if the lawyer tries to get removed from the case,
[01:57:16.440 --> 01:57:18.440] bargree him for that.
[01:57:18.440 --> 01:57:22.440] Are you saying bar agreement?
[01:57:22.440 --> 01:57:24.440] Bar grievance complaint.
[01:57:24.440 --> 01:57:30.440] File a bar complaint with the Supreme Court against the lawyer.
[01:57:30.440 --> 01:57:31.440] Okay.
[01:57:31.440 --> 01:57:36.440] It doesn't matter if it's valid, invalid, heck, it makes no difference.
[01:57:36.440 --> 01:57:38.440] If you file a valid bar grievance against the lawyer,
[01:57:38.440 --> 01:57:43.440] the Supreme Court is going to throw it in the trash.
[01:57:43.440 --> 01:57:45.440] That's a good thing,
[01:57:45.440 --> 01:57:49.440] because their insurance carrier knows they're going to throw it in the trash.
[01:57:49.440 --> 01:57:53.440] The way he doubted us, the insurance carrier gauged their level of risk.
[01:57:53.440 --> 01:57:56.440] By valid bar grievances, they could throw them all in the trash.
[01:57:56.440 --> 01:57:58.440] By the numbers.
[01:57:58.440 --> 01:58:02.440] One bar agreement, your first year in practice, they cancel immediately.
[01:58:02.440 --> 01:58:06.440] Two bar grievances, any one year of practice, they cancel.
[01:58:06.440 --> 01:58:10.440] Three, they cancel their law firms by practice insurance.
[01:58:10.440 --> 01:58:13.440] Valid, invalid, they don't care.
[01:58:13.440 --> 01:58:20.440] The worst thing you can do to your lawyer is file a complaint against him with the Supreme Court.
[01:58:20.440 --> 01:58:23.440] He will get ampleplexity.
[01:58:23.440 --> 01:58:30.440] The last case I had, they dismissed my case to protect my lawyer from me.
[01:58:30.440 --> 01:58:36.440] Hang on, go into the sponsors, Randy Kelton, Brett Fountain,
[01:58:36.440 --> 01:58:43.440] give them a radio, a call in number 512-646-1984.
[01:58:43.440 --> 01:58:45.440] We'll be taking your calls all night.
[01:58:45.440 --> 01:58:48.440] We'll be right back.
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