ROL_2020-03-06_16k_Hr1-2.timecode

[00:00.000 --> 00:06.880]  The following news flash is brought to you by The Lowest Star Lowdown.
[00:06.880 --> 00:13.240]  Markets for Monday the 22nd of July 2019 open with precious metals, gold at $1,429 an ounce,
[00:13.240 --> 00:21.520]  silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.63 a barrel, Brent crude
[00:21.520 --> 00:29.960]  $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum
[00:29.960 --> 00:41.520]  $127.26, XRP Ripple $0.33, Litecoin $1.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:41.520 --> 00:52.400]  Today in history, the year 1916, the preparedness day bombing, a time suitcase bomb, was detonated
[00:52.400 --> 00:57.880]  on Market Street in San Francisco during the World War I preparedness day parade, killing
[00:57.880 --> 01:04.880]  the 10 and entering 40 today in history.
[01:04.880 --> 01:09.560]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing heaven to
[01:09.560 --> 01:14.360]  Texas law back in June, county prosecutors around the state including Houston, Austin,
[01:14.360 --> 01:18.960]  San Antonio have been dropping marijuana possession charges and even refusing to file new ones
[01:18.960 --> 01:22.960]  since they are stipulating that they do not have the time or the laboratory equipment to
[01:22.960 --> 01:27.920]  test the herb for THC. Margaret Moore, the Travis County District Attorney announced earlier
[01:27.920 --> 01:32.640]  this month that she was dismissing 32 felony possession and delivery of marijuana cases
[01:32.640 --> 01:33.840]  because of the law.
[01:33.840 --> 01:37.720]  Mr. Abbott and other state officials including the Attorney General stipulated in a letter
[01:37.720 --> 01:42.240]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.240 --> 01:48.400]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.400 --> 01:54.600]  well as other cities too like the District Attorney in El Paso, Cayma Esparza, a Democrat
[01:54.600 --> 01:59.080]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:59.080 --> 02:01.840]  prosecution of marijuana cases in El Paso.
[02:01.840 --> 02:06.880]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.880 --> 02:10.880]  in Harris County who stated that, quote, the law is constantly changing on what makes
[02:10.880 --> 02:13.600]  something illegal based on its chemical makeup.
[02:13.600 --> 02:17.520]  It's important that if someone is charged with something, the test matches what they're
[02:17.520 --> 02:22.720]  charged with.
[02:22.720 --> 02:27.320]  A paper by Tulane University identified a five and a half inch American pocket shark
[02:27.320 --> 02:32.440]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.440 --> 02:38.080]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.080 --> 02:39.580]  Pacific Ocean.
[02:39.580 --> 02:43.880]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.880 --> 02:50.160]  its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[02:50.160 --> 03:17.360]  clove.
[03:17.360 --> 03:26.360]  Tell me, what you gonna do, what you gonna do, yeah
[03:26.360 --> 03:32.360]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[03:32.360 --> 03:38.360]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[03:38.360 --> 03:43.360]  When you were eight and your head back three, you go to school and earn the golden rule
[03:43.360 --> 03:47.360]  So why are you acting like a bloody fool? It's because of how you're doing
[03:47.360 --> 03:51.360]  Say, your monsters cool bad boys, bad boys, what you gonna do
[03:51.360 --> 03:54.360]  what you gonna do when they come for you
[03:54.360 --> 03:59.360]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[03:59.360 --> 04:02.360]  You took it on that one, you took it on this one
[04:02.360 --> 04:05.360]  You took it on your mother and you took it on your father
[04:05.360 --> 04:08.360]  You took it on your brother and you took it on your sisters
[04:08.360 --> 04:10.360]  You took it on that one and you took it on me
[04:10.360 --> 04:12.760]  Bad boys, bad boys
[04:12.760 --> 04:16.600]  Whatcha gonna do, whatcha gonna do When they come for you?
[04:16.600 --> 04:18.440]  Bad boys, bad boys
[04:18.440 --> 04:21.920]  Whatcha gonna do, whatcha gonna do When they come for you?
[04:21.920 --> 04:23.900]  Bad boys, bad boys
[04:23.900 --> 04:27.440]  Whatcha gonna do, whatcha gonna do When they come for you?
[04:27.440 --> 04:29.040]  Bad boys, bad boys
[04:29.040 --> 04:32.840]  Whatcha gonna do, whatcha gonna do When they come for you?
[04:32.840 --> 04:35.560]  My body now is giving over A Ike
[04:35.560 --> 04:37.380]  Four leaves now preparation break
[05:07.380 --> 05:33.380]  Why did you have to act so mean Don't you know you're a human being
[05:33.380 --> 05:38.380]  Born up a mother with the love of the father Reflections come to the reflection
[05:38.380 --> 05:43.380]  I know sometimes You wanna let go
[05:43.380 --> 05:49.380]  Hey, hey, hey, I know sometimes You wanna let go
[05:49.380 --> 06:00.380]  Bad boys, bad boys are what you're gonna do Bad boys, bad boys are what you're gonna do
[06:00.380 --> 06:10.380]  Bad, you're too rude Bad, you're too rude
[06:10.380 --> 06:21.380]  Bad boys, bad boys are what you're gonna do Bad boys, bad boys are what you're gonna do
[06:21.380 --> 06:32.380]  Bad boys, bad boys are what you're gonna do Bad boys, bad boys are what you're gonna do
[06:32.380 --> 06:39.380]  Bad boys, bad boys, what you going to do, oh what you going to do when they come for you?
[06:39.380 --> 06:48.380]  Bad boys, bad boys, what you going to do, oh what you going to do when they come for you?
[06:54.380 --> 07:01.380]  809, oh ok, ok Randy Kelton, Rat-Fountain, Rule of Our Radio.
[07:01.380 --> 07:09.660]  radio, I'm having a little issue with my clock. My clock wasn't telling me it was it was time
[07:09.660 --> 07:17.020]  to start and we're halfway through a segment. I'm not sure what's going on here and I know
[07:17.020 --> 07:27.540]  I'll be blamed for it but but I'll blame Brett for that. Okay. Since we're actually are on the
[07:27.540 --> 07:33.500]  air, I'm actually going to turn on the phones. This is the rule of law radio with Randy Kelton
[07:33.500 --> 07:42.220]  and I'm Brett Fountain and this is the 6th of March 2020. I was just going to say that,
[07:42.220 --> 07:48.580]  I would have got to that. I knew I knew you were going to say that. Okay, I'm going to start out
[07:48.580 --> 07:58.820]  talking about something that's coming together. I've engaged a programmer that actually seemed to
[07:58.820 --> 08:05.660]  understand what I was asking him for. I won't try to explain all of it on there since it's a little
[08:05.660 --> 08:14.900]  too complex and convoluted but I'm using a program called Free Plane. Free Plane is a online
[08:14.900 --> 08:24.700]  mind mapping program and mind mapping is really good when you're trying to get ideas sorted out
[08:24.700 --> 08:32.620]  and this is the tool I use to build all my questionnaires with. It allows me to lay them
[08:32.620 --> 08:39.660]  out in a visual format so you can see where you're at in the overall context of the questionnaires.
[08:39.660 --> 08:50.900]  But my map does not play well with the internet. I cannot get these maps I produce to play on a
[08:50.900 --> 08:59.420]  web server. That has been a serious issue. Now I have looked at just about every single mind
[08:59.420 --> 09:07.660]  mapping program there is out there and Free Plane has the most functionality or at least the
[09:07.660 --> 09:16.260]  functionality that I need to be able to create these questionnaires. The questionnaires themselves
[09:16.260 --> 09:22.900]  on their surface are relatively simple. I just ask a question and you click an answer but in
[09:22.900 --> 09:30.940]  developing them it gets a lot more complex because of the way I have to lay in the answers to a
[09:30.940 --> 09:38.220]  question. I have to ask a question and then put in the answers to that question all in the same spot
[09:38.220 --> 09:44.900]  and then when I go to the next question that question has to go back to the first question to
[09:44.900 --> 09:51.460]  find the answers. It's a little complex and Free Plane was the only one that had the functionality
[09:51.460 --> 09:57.900]  to do all of this stuff that I need to do. There are other mind maps that will play well on the
[09:57.900 --> 10:07.860]  web. Wise mapping and mind map and Meister or something or other. Meister where I was something
[10:07.860 --> 10:15.820]  like that but they cost a lot of money and while I could embed them on the web I couldn't do some
[10:15.820 --> 10:22.220]  of the most sophisticated functions I could with Free Plane and anybody who's ever tried to use
[10:22.220 --> 10:30.580]  existing software to develop a something they wanted to do. You'll understand these problems
[10:30.580 --> 10:34.940]  where you've got all these different software programs that will do a couple of things you want
[10:34.940 --> 10:40.380]  and not the rest and you go to another one and it'll do some of the other things but nothing
[10:40.380 --> 10:49.340]  does all of it. Free Plane did everything I need except play on the web and finally got a guy
[10:49.340 --> 11:00.860]  I hired a JavaScript programmer to take the Free Plane output from one of the exports functions
[11:00.860 --> 11:13.780]  and lay them into an SVG image where SVG is a process where you can take an image and then
[11:13.780 --> 11:21.780]  block out sections of the image and add links and different things to it. So he's writing a
[11:21.780 --> 11:30.820]  routine that will take my output and convert it into an SVG and keep all of my links so that I can
[11:30.820 --> 11:40.580]  lay out a web page like I have in front of me the mind map that I've built for my Legal Earth
[11:40.580 --> 11:49.820]  White Paper. Legal Earth White Paper is really complex. It's got a lot of parts to it and like
[11:49.820 --> 11:58.660]  a complex motion or pleading you have a lot of different parts and when you get into one section
[11:58.660 --> 12:08.580]  you tend to get focused into what you're doing and since every section is somehow connected to
[12:08.580 --> 12:15.180]  every other section you wind up addressing issues three or four times in three or four different
[12:15.180 --> 12:28.460]  locations. You wind up addressing the same thing. So a visual mind map that you can look at and see
[12:28.460 --> 12:34.580]  where you have other issues it keeps you from drifting off into those other issues. Instead of
[12:34.580 --> 12:40.060]  drifting off into that issue you simply make a comment that points to that issue and then when
[12:40.060 --> 12:50.220]  you go to that issue it's all clean and separate. It keeps your subject matter more concise. Well
[12:50.220 --> 13:01.300]  I have this huge map for Legal Earth. I've probably got 50 or 60 different items in there and each
[13:01.300 --> 13:10.300]  one of those will be a separate web page. So what I ask the guy to do is take this map and
[13:10.300 --> 13:23.060]  everywhere it sees an item on the map a node where I've put in some information to link the
[13:23.060 --> 13:32.740]  information I put in. When I put in an item I've got marketing model here and when I put in
[13:32.740 --> 13:36.780]  marketing model I've got a section down at the bottom where I put in a comment to tell what
[13:36.780 --> 13:44.860]  that's about. So if you hover over marketing model my explanation of what it is pops up. It does
[13:44.860 --> 13:56.540]  that in the map but if I download it then it does the same thing but I want it to add more
[13:56.540 --> 14:04.420]  functionality. When that box pops up to tell what's inside this marketing model I want to have
[14:04.420 --> 14:12.580]  hyperlinks and I want to be able to double click on it and have it open a web page. So I've asked
[14:12.580 --> 14:20.780]  him to take this map and everywhere there's an item create a folder structure a folder for that
[14:20.780 --> 14:28.380]  item and create a folder structure that looks just like the map itself. And so everywhere there's
[14:28.380 --> 14:34.060]  a node on the map there's a folder and a folder structure and inside that folder put a web page.
[14:34.060 --> 14:45.780]  It's the 2019 Logos Radio Network annual fundraiser and gun giveaway sponsored by
[14:45.780 --> 14:52.460]  Central Texas Gun Works. Go to logosradionetwork.com and enter to win. Any amount is appreciated
[14:52.460 --> 14:57.900]  everything helps to keep us on the air. From Central Texas Gun Works the grand prize up for
[14:57.900 --> 15:05.540]  grabs is a Spikes Tactical AR 15. More prizes and sponsors to be announced. Every $25 donation is
[15:05.540 --> 15:11.860]  a chance to win. When you purchase Randy Kelton's ebook Legal 101 you get four chances to win.
[15:11.860 --> 15:17.660]  Purchase Eddie Craig's traffic seminar and get 10 chances to win. If you've enjoyed the shows on
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[15:38.780 --> 15:42.980]  radio is proud to offer the rule of law traffic seminar. In today's America we live in an us
[15:42.980 --> 15:46.820]  against them society and if we the people are ever going to have a free society then we're going to
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[17:04.740 --> 17:18.340]  Okay we are back Randy Kelton Brett Fountain rule of law radio and I think we're getting things
[17:18.340 --> 17:24.740]  straightened out here and on the break I asked Brad if anybody you cared about all this I'm talking
[17:24.740 --> 17:31.540]  about well I'm going to give you a reason to care. If this works out right let's say you want to build
[17:31.540 --> 17:37.300]  a web page and you don't want to pay somebody a whole lot of money to build a web page or you
[17:37.300 --> 17:43.540]  don't know how to tell him how to build your web page. I've been building web pages for a long time
[17:43.540 --> 17:53.380]  and it's really difficult when you have a lot of content and you're trying to build a page it's
[17:53.380 --> 18:04.180]  really difficult to get everything organized in a web page web building environment. I've been
[18:04.180 --> 18:12.900]  doing this a long time and it's always been a problem to get my content effectively organized
[18:13.620 --> 18:19.860]  so that a person who doesn't know anything about the content can move through it quickly and
[18:19.860 --> 18:27.860]  effectively. I'm sure everybody's went to web pages got lost in the web page and you know if it's not
[18:27.860 --> 18:35.220]  just a one page move down the page to different headings but where you have a lot of different
[18:35.220 --> 18:42.260]  pages you wind up with a half a dozen different pages up at one time and you don't know you lose
[18:42.260 --> 18:48.900]  track of where you're at in the overall context and that was has been my issue in building these
[18:48.900 --> 18:57.460]  complex pages. You get three or four levels down in the page and you lose track of where you're at
[18:58.660 --> 19:05.060]  so you're looking at a piece of content and you're reading that piece of content but it's not
[19:05.060 --> 19:12.820]  necessarily clear to you the context of that content so we wind up reading stuff and getting
[19:12.820 --> 19:20.260]  it out of context and a lot of this structure came out of building complex legal documents
[19:21.700 --> 19:28.100]  because legal documents should be designed the way a good web page is designed
[19:29.380 --> 19:36.020]  so that when you're talking about a particular piece of information you only talk about that
[19:36.020 --> 19:42.740]  piece of information and when you move to another piece of information you don't mix the two together
[19:43.380 --> 19:51.140]  because then it becomes very difficult to separate one argument or one issue from another
[19:51.140 --> 19:57.060]  issue everything gets mixed together and the reader gets confused if you've read many legal
[19:57.060 --> 20:08.420]  documents. The vast majority of documents you open consist of a set of obligatory sections.
[20:09.380 --> 20:16.900]  There must be a party section, a jurisdiction section, a statement of fact section and there's
[20:17.460 --> 20:24.020]  a prayer, a conclusion, well it don't have to be a conclusion but there should be, there should be
[20:24.020 --> 20:30.180]  any introduction, you tell them what you're going to tell them and then you give a set of facts and
[20:30.180 --> 20:43.540]  then you sneeze, oh and then you take the facts and you do an argument, I always call it a
[20:44.660 --> 20:50.260]  statement of factual accusation where I take the facts and I add my legal arguments to it
[20:50.260 --> 20:56.340]  so you have all these different sections. If you're not careful you will get them mixed up
[20:57.300 --> 21:04.100]  and when you look at most legal documents they have these sections but where they have a section
[21:04.100 --> 21:14.500]  they will list a cause of action and there will be these humongous paragraphs addressing their
[21:14.500 --> 21:21.300]  whatever the cause of action is. When you have a paragraph that takes up half a page
[21:23.460 --> 21:35.140]  English has all sorts of tools in there that allow you to break up prose into manageable pieces of
[21:35.140 --> 21:43.220]  human beings can make sense of but these lawyers take one page and they forget all that stuff
[21:43.220 --> 21:48.980]  you know this thing called paragraphs you know when you change what you're talking about you go
[21:48.980 --> 21:55.460]  to another paragraph they forget that and they string everything together when you when you're
[21:55.460 --> 22:01.940]  quoting someone where you you set that out separate from the rest of the document so you'll know
[22:01.940 --> 22:05.380]  what's part of the prose and what's part of the quote they don't do any of that stuff they just
[22:05.380 --> 22:13.780]  run everything together very difficult to read and judges they read these documents all day every
[22:13.780 --> 22:19.620]  day it's an annoyance them so we want to give them documents that are very carefully corrected
[22:20.500 --> 22:25.860]  when we speak to an issue we speak to only that issue well how do you do that well the first
[22:25.860 --> 22:31.380]  thing you do is do something like a mind nap and create a structure go through your issues
[22:31.380 --> 22:37.060]  and add headings you know when I build a legal document I add headings to every paragraph
[22:39.300 --> 22:47.940]  if you can't write a heading to a paragraph then you're running two pieces of information together
[22:47.940 --> 22:55.620]  you need to go back and look at the first paragraph and see if you have addressed a specific issue
[22:55.620 --> 23:02.420]  or are you talking about two or three different things at once that's going to confuse the reader
[23:02.420 --> 23:06.900]  if it's hard for you to figure that out there's definitely going to be hard for the reader to
[23:06.900 --> 23:14.260]  figure that out so go back and when you first write something put a paragraph put a heading
[23:14.260 --> 23:20.260]  on every paragraph then you come back and take them out when you're building a web page you
[23:20.260 --> 23:27.540]  absolutely have to do that every time you speak to a different issue you need a different page
[23:27.540 --> 23:34.420]  for that or you need a different deal of a dissection inside the web page for that and a
[23:35.300 --> 23:40.180]  map is a main map is a really good way to do that and what the software I'm having this guy
[23:40.180 --> 23:46.980]  create is you create the mind map and the software will take the mind map and create an entire web
[23:46.980 --> 23:56.900]  page from it it will take the map and create a page for each item in your map and put it all in a
[23:56.900 --> 24:03.860]  photo structure in the photo structure looks exactly like your map so now you go to each page
[24:04.580 --> 24:09.700]  and the page will pop up over the map so the map's there in the background
[24:09.700 --> 24:17.220]  so you can click to the map and see exactly where you are in the content
[24:18.340 --> 24:23.220]  so it keeps you really focused on the particular content you're speaking to
[24:25.540 --> 24:33.060]  Brett does that make sense sure I mean does anybody you and I been down that road yeah
[24:33.060 --> 24:41.460]  yes we have does anybody out there really care about that probably not but if if I get this
[24:41.460 --> 24:51.620]  done right it could well change the way web pages are built that's how that's how important I think
[24:51.620 --> 24:59.460]  I am okay I will shut up about this now I'm kind of excited about it because it took a long time
[24:59.460 --> 25:04.260]  to figure it out and finally get it in a position to where I can get a program and wrap his head
[25:04.260 --> 25:11.220]  around it and it looks like it may actually finally come together and this will move my project along
[25:11.220 --> 25:19.700]  considerably and I've used up two segments and I have a full board of callers and all of these
[25:19.700 --> 25:29.140]  callers are not my usual callers wonderful okay I'm going to go to Josh in Pennsylvania we've got
[25:29.140 --> 25:37.620]  two minutes before the break hello Josh what do you have for us today hello Randy can you hear me
[25:37.620 --> 25:45.940]  okay absolutely excellent yeah I had spoken with you a few months back I was the guy that had an
[25:45.940 --> 25:54.660]  examining trial at a magisterial court and had a motion to disqualify him on the table he decided
[25:54.660 --> 26:02.820]  to rule against it and proceed forward and that was when I asked permission to leave and he took
[26:02.820 --> 26:11.540]  the opportunity to issue a bench warrant for me to say even though I was there who did you file
[26:11.540 --> 26:28.180]  criminally against Josh I think we're having some issues I'll hold on and see if you come back again
[26:28.180 --> 26:34.420]  you're in Pennsylvania and Pennsylvania is unique in that in the matter of a criminal accusation
[26:34.420 --> 26:42.500]  you have standing and while this judge may feel as though he cannot be sued he's probably right
[26:42.500 --> 26:52.180]  about that but he can be prosecuted criminally and in the state of Pennsylvania everybody's
[26:52.180 --> 26:59.700]  going to try to protect the judge but their problem is in the state of Pennsylvania you have
[26:59.700 --> 27:06.260]  standing in the matter of a criminal accusation unlike most of the other states we can file
[27:06.260 --> 27:11.940]  notice of a crime but we don't have standing if they don't pursue your crime you have standing
[27:11.940 --> 27:18.740]  you can appeal their refusal all the way up to the supreme and wave his bad behavior in front of
[27:18.740 --> 27:27.220]  everybody hang on go into our sponsors this is Randy Kelton Brett Fountain on this the sixth
[27:27.220 --> 27:34.900]  day of March 2020 and spring is in the air we'll be right back
[27:39.060 --> 27:44.340]  thousands of Florida motorists convicted of DUI may very well have been driving under the blood
[27:44.340 --> 27:49.700]  alcohol limit Dr. Catherine Albrecht and I'll be back with a tale of bad breathalysers and a
[27:49.700 --> 27:56.260]  government cover-up in a moment privacy is under attack when you give up data about yourself you'll
[27:56.260 --> 28:01.460]  never get it back again and once your privacy is gone you'll find your freedoms will start to
[28:01.460 --> 28:07.780]  vanish too so protect your rights say no to surveillance and keep your information to yourself
[28:07.780 --> 28:13.860]  privacy it's worth hanging on to this public service announcement is brought to you by startpage.com
[28:13.860 --> 28:19.780]  the private search engine alternative to google yahoo and bin start over with start page
[28:19.780 --> 28:27.060]  ever hear the term fine farming it's when cops find innocent people to bring in revenue and it's
[28:27.060 --> 28:32.740]  apparently big business in the sunshine state of Florida this case involves breathalysers used to
[28:32.740 --> 28:38.260]  convict thousands of Florida motorists for DUI violations recently reporters discovered that
[28:38.260 --> 28:43.620]  the devices were improperly calibrated state officials knew about it for two and a half years
[28:43.620 --> 28:49.140]  but did nothing in fact the head of Florida's breath testing program ordered inspectors not
[28:49.140 --> 28:54.900]  to document the problem a DUI conviction can ruin somebody's life but now that the cover-up has been
[28:54.900 --> 29:00.740]  exposed perhaps Florida drivers can breathe a bit easier i'm Dr. Catherine Albrecht more news
[29:00.740 --> 29:10.820]  and information at Catherine Albrecht.com i lost my son my uncle my son on september 11
[29:10.820 --> 29:16.820]  2000 most people don't know that a third tower fell on september 11 world trade center seven a
[29:16.820 --> 29:22.260]  47 story skyscraper was not hit by a plane although the official explanation is that fire
[29:22.260 --> 29:27.540]  brought down building seven over 1200 architects and engineers has looked into the evidence and
[29:27.540 --> 29:33.620]  believed there is more to the story bring justice to my son my uncle my nephew my son go to building
[29:33.620 --> 29:40.660]  what dot org why it fell why it matters as what you can do logos radio network welcomes a new show
[29:40.660 --> 29:46.820]  to our lineup for the new year scripture talk with nana will begin wednesday january 8th from 8
[29:46.820 --> 29:54.020]  to 10 p.m central time our goal is in accord with matthew 516 let your light so shine before men
[29:54.020 --> 29:59.700]  that they may see your good works and glorify your father which is in heaven we wish to reflect
[29:59.700 --> 30:05.620]  god's light and be a blessing to all those with a hearing ear join nana and guests for both verse
[30:05.620 --> 30:12.180]  by verse bible studies and topical bible studies designed to provoke onto love and good works our
[30:12.180 --> 30:17.300]  verse by verse bible studies will begin in the book of matthew where we will discuss one chapter
[30:17.300 --> 30:23.460]  per week our topical bible studies will vary each week and will explore sound doctrine as well as
[30:23.460 --> 30:29.380]  christian character development so mark your calendar and join us live on logos radio network
[30:29.380 --> 30:35.700]  dot com wednesdays from 8 to 10 p.m starting january 8th for an inspiring and motivating
[30:35.700 --> 30:45.780]  discussion of the scriptures you're listening to the logos radio network at logos radio network
[30:45.780 --> 31:02.260]  dot com
[31:02.260 --> 31:17.940]  okay
[31:17.940 --> 31:23.460]  well i need a prosecutor to come and help me prosecute them wicked leader you say
[31:23.460 --> 31:28.340]  the mama will rely on them tell them i'll lie and not tell six stories
[31:28.340 --> 31:34.100]  we don't believe me say what them tell me three percent of america vote for moshi so how do you
[31:34.100 --> 31:40.820]  get the president that's why we have a warrant for you everybody listen carefully listen to the
[31:40.820 --> 31:52.420]  words that let me choose pasty citizens arrest our most ambushed our warrant our budget citizens
[31:52.420 --> 32:07.620]  arrest us okay we are back ready calton rep fountain rule of law radio on this friday the
[32:07.620 --> 32:15.220]  sixth day of march 2020 and we're talking to josh in pennsylvania josh are you back
[32:15.220 --> 32:22.340]  i hope so can you hear me yeah i know that you kind of dropped you kind of dropped out on us
[32:22.340 --> 32:30.500]  there so i just went on blabbing hoping your phone would clear up okay okay um yes we spoke
[32:30.500 --> 32:38.580]  about this um and i had gone through this before up here and um all of a sudden the local district
[32:38.580 --> 32:42.980]  attorney's office which is where you're supposed to uh file these private criminal complaints
[32:42.980 --> 32:53.540]  and began a policy of refusing to take them and funneling me to this oh wonderful yeah wow it was
[32:53.540 --> 32:59.860]  and i had even placed a call to harrisburg uh with the attorney general's office
[33:01.300 --> 33:09.700]  they don't take them either um so oh good then you file with the feds exactly and that was
[33:09.700 --> 33:15.380]  is going to be my next step but strategically thinking and some of what i want to ask you about
[33:15.380 --> 33:24.820]  is this what i wanted to do was let that sit um i don't want to back them into a corner by
[33:24.820 --> 33:32.900]  suing them suing the county uh going to the fbi i want to address my case first because even
[33:32.900 --> 33:41.940]  though they don't have jurisdiction over the matter um okay if you have raised the no start
[33:41.940 --> 33:47.780]  to say if you've raised the question of jurisdiction the questions before the court but jurisdiction
[33:47.780 --> 33:53.300]  it doesn't matter it's be you can raise that at any time no matter how remote in history so
[33:54.500 --> 34:00.660]  you're not losing the question of jurisdiction yes and incidentally that issue was raised to the
[34:00.660 --> 34:09.140]  magistrate and he ignored it also um so now i'm at the uh court of come please uh level
[34:09.860 --> 34:19.300]  and i had a arraignment i put in a free trial motion for discovery i filed it and i was hoping to
[34:20.100 --> 34:28.020]  actually get in front of the judge and argue it and get him to rule on it right there in the spot
[34:28.020 --> 34:34.820]  but the way they do these arraignments here is it's a giant cattle there's a bunch of people in
[34:34.820 --> 34:40.180]  the courtroom and the judge literally says this is what you're supposed to do if you don't have an
[34:40.180 --> 34:46.660]  attorney you're going to come up to this table here you're going to sign this paper which means
[34:46.660 --> 34:53.300]  you're not guilty and then you're you're free leave and then you have 30 days to get counsel
[34:53.300 --> 35:00.660]  or file motions for you know all your did you okay did you ask the court for a preliminary hearing
[35:01.540 --> 35:08.020]  well see that's what i had already had it was the one but in front of the magistrate
[35:08.660 --> 35:17.060]  where it already uh prejudice it's a fire my pleadings and file to bring it in
[35:17.060 --> 35:22.740]  and okay hold on hold on just a second you're breaking up again so let's give it a couple
[35:22.740 --> 35:30.020]  of seconds to see if the line clears out okay so you had an examining trial or
[35:31.540 --> 35:35.940]  in most states they call it a preliminary hearing gerstein pew
[35:37.620 --> 35:44.580]  guarantees you the right or it supports the right in the constitution for you to have a
[35:44.580 --> 35:57.300]  preliminary hearing so did at this preliminary hearing josh were you able to present excavatory
[35:57.300 --> 36:06.260]  evidence this is what happened i had in front of him a motion to disqualify i had also followed
[36:06.260 --> 36:12.900]  the other step of filing that motion to disqualify with the court the head administrative judge at
[36:12.900 --> 36:21.860]  the quarter column please and he ignored him and moved forward anyway um i also had the
[36:21.860 --> 36:26.740]  challenge of subject matter jurisdiction in front of him and he basically asked the the
[36:26.740 --> 36:32.260]  ad a what to do and the ad a said this isn't something to be dealt with here this is not
[36:32.260 --> 36:36.980]  something for here and he said all right well we're going to move forward okay did did you
[36:36.980 --> 36:46.180]  in the hearing bar grieve the ad a uh i hadn't gotten around to that yet i had only judicial
[36:46.180 --> 36:51.700]  conduct complain is the magistrate i think i did twice already on this now there are some
[36:51.700 --> 37:04.660]  things that are really important and if an ad a advised a judge that a subject matter jurisdiction
[37:04.660 --> 37:15.460]  challenge was not appropriate at this stage he was lying such as teeth subject matter jurisdiction
[37:15.460 --> 37:24.580]  is threshold and if he told the judge something different then the judge himself has the duty
[37:24.580 --> 37:34.500]  to know now policemen have it has been ruled that they don't have to know the law that they are enforcing
[37:34.500 --> 37:44.180]  and while that may be the case if they violate a law then they're just like you or me they do
[37:44.180 --> 37:55.940]  have to know that law so when the ad a advised the judge that the judge did not have to address
[37:56.740 --> 38:03.860]  subject matter jurisdiction at this stage that was a piece of information both the judge and the
[38:03.860 --> 38:11.540]  prosecutor should have known because a failure to do that is a denial of due process and a
[38:11.540 --> 38:17.300]  denial of due process that has the effect of denying you the full free access to your enjoyment
[38:17.300 --> 38:23.060]  right is a crime in every state so they conspired to commit a crime
[38:25.220 --> 38:32.020]  bar grieve the lawyer if he is if the lawyer is a lawyer in a classy misdemeanor court
[38:33.620 --> 38:40.740]  then there are one of two things there are new lawyer or they're not the sharpest knife in the
[38:40.740 --> 38:46.180]  drawer because if they were the sharpest knife in the drawer they'd be out making a big bucks not
[38:46.180 --> 38:53.460]  down here in the municipalities growing for dollars okay you start to say something josh uh yeah i'd
[38:53.460 --> 38:58.660]  say it was more the latter with these people up here um he is the water he's just not the sharpest
[38:58.660 --> 39:05.460]  tool in the shed um but that being said from the strategy standpoint i wanted to let let all of this
[39:05.460 --> 39:14.420]  sit and go through and be found innocent and have all the charges dropped and then go after everybody
[39:14.420 --> 39:24.340]  that oh you're a dreamer oh it's nice to me someone who has dreams and aspirations even if they are
[39:24.340 --> 39:36.020]  unfounded good luck with that what we're talking about here is a way to get to that outcome they
[39:36.580 --> 39:42.180]  these guys are really busy they they're running a conveyor belt here and they just crank everybody
[39:42.180 --> 39:49.220]  through it if you want to get your case dismissed best way to do that is kick them right in their
[39:49.220 --> 39:59.940]  professional teeth if you're in a class c level it's almost certain that both the judge and the
[39:59.940 --> 40:09.620]  prosecutor have a day job and that day job needs a bar card bar grieve them both look up the judge's
[40:09.620 --> 40:16.100]  name you'll probably find a bar card under his name and bar grieve him that'll push his insurance
[40:16.100 --> 40:23.380]  out the roof you just started costing a lot of money i don't believe the magistrate is a lawyer
[40:23.380 --> 40:30.260]  in this particular case uh he's been he's been just doing this um for probably 20 years in the area
[40:30.260 --> 40:38.980]  25 and send him a tort letter to him file criminally against him if he'd been doing it 25 years he
[40:38.980 --> 40:45.620]  knows better start the criminal process you give it to the prosecutor he refuses to take it to give
[40:45.620 --> 40:50.020]  it to the attorney general he refuses to take it then you file criminal charges against the attorney
[40:50.020 --> 40:57.060]  general special agent charge of the fbi now the fbi is not going to do anything other than cover
[40:57.060 --> 41:03.700]  their behinds by having an agent call the attorney general state of pennsylvania and say hey why have
[41:03.700 --> 41:08.500]  i got this guy over here trying to get me to arrest you you want to explain why i shouldn't arrest you
[41:08.500 --> 41:15.940]  the attorney general is not going to be a happy camper and he's going to call down to this local
[41:15.940 --> 41:21.380]  court and say why do i have one of your people trying to get me to arrest you arrested by the
[41:21.380 --> 41:28.260]  feds you guys want to get this fixed it's politics it's all politics that's how you win your case
[41:28.260 --> 41:35.140]  hang on it's about to go to our sponsors randy kelton brett falton rule law radio we'll be right
[41:35.140 --> 41:41.460]  back are you being harassed by debt collectors with phone calls letters or even lawsuits
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[42:15.300 --> 42:20.500]  personal consultation is available as well for more information please visit rule of law radio
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[42:26.500 --> 42:36.100]  rule of law radio dot com or email michael miras at yahoo dot com to learn how to stop debt collectors
[42:36.100 --> 42:42.980]  next are you the plaintiff or defendant in a lawsuit win your case without an attorney with
[42:42.980 --> 42:50.660]  jurisdictionary the affordable easy to understand four cd course that will show you how in 24 hours
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[43:47.540 --> 44:06.260]  okay we are back randy kelton brett fountain rule of law radio and we're talking to josh
[44:06.260 --> 44:13.780]  in pennsylvania okay josh uh we didn't start out with what this case was is this a traffic case
[44:13.780 --> 44:24.900]  um it's under the uh transportation code um by who was uh sleeping in his truck and uh you know
[44:29.620 --> 44:36.260]  wait a minute hold on brought josh we're losing you again uh you said somebody was sleeping in
[44:36.260 --> 44:43.620]  the truck was that you or or the officer okay so you were charged with sleeping in your truck
[44:44.420 --> 44:55.460]  no i'm sorry i'm sorry yeah yeah you're breaking up really bad can you hang up and call back in
[44:55.460 --> 45:02.980]  maybe you'll get a clearer line in and while while you were waiting for you to call back in
[45:02.980 --> 45:11.780]  we'll go to jeff in south carolina hello jeff hello randy k uh thank you for taking my call
[45:11.780 --> 45:18.900]  can you hear me okay i can hear you fine all right great um i'm kind of picking up a little bit
[45:18.900 --> 45:28.900]  where josh just left off this involves pennsylvania uh i have a 16 year old grandson there do somewhere
[45:28.900 --> 45:35.300]  around the 25th of february was going to smoke a cigarette before he got on the school bus he
[45:35.300 --> 45:40.100]  didn't get chance he put the cigarette in his pocket in the lighter and went on to school
[45:41.700 --> 45:50.580]  the school principal found that cigarette lighter in cigarette in his pocket and on the 26th of
[45:50.580 --> 45:58.420]  february uh filed a criminal complaint at the district magistrate's office for violation of
[45:58.420 --> 46:10.820]  title 24 6306.1 the district magistrate who had who was formerly a lawyer um issued a summons on the
[46:10.820 --> 46:24.500]  28th of february uh saying it was a violation of title 18 6306.1 subsection a 11 i the use of tobacco
[46:24.500 --> 46:32.340]  in a school building prohibited and whoa of course hold on so it doesn't it said the in his pocket
[46:32.340 --> 46:44.500]  right say again they said the the use of use of tobacco or possession i believe in uh what
[46:44.500 --> 46:53.220]  what the actual citation the summons says use of tobacco in uh school building i think okay read
[46:53.220 --> 47:00.260]  the statute uh i have the statute up here use of tobacco in school building prohibited is what's
[47:00.260 --> 47:08.740]  on the summons in the in the article which i'm not real good at moving around particularly on the
[47:08.740 --> 47:19.700]  phone here but in that title the one section is use or possession of tobacco in a school building
[47:21.300 --> 47:29.380]  is prohibited and the one section is by pupils and then the section right below it is by anyone
[47:29.380 --> 47:39.700]  else other than pupils and the district magistrate actually cited the one other than pupils okay does
[47:39.700 --> 47:53.140]  anything in that section make it a violation to possess tobacco i believe so i think it's just
[47:53.140 --> 47:59.860]  a matter of possessing okay what is the statute again Brett can you look that up while we're
[47:59.860 --> 48:14.740]  talking probably sir what is the statute yeah i'm 18 6306.1 sub is that a 18 point
[48:14.740 --> 48:23.460]  yeah 18 title 18 pennsylvania title 18 section 6306.1
[48:26.180 --> 48:39.700]  okay it's important what it says if the complaint is insufficient and if it's not a crime to possess
[48:39.700 --> 48:48.180]  but a crime to use that is a market difference that's a big deal well it does say both here
[48:48.900 --> 48:58.180]  and subsection a it says the offense is defined people who can possesses or uses tobacco so the
[48:58.180 --> 49:06.500]  possessing if it just in his pocket that would still fit um grading at nature of the offense
[49:06.500 --> 49:13.380]  it's people that define definitions but yeah it's all lumped together it says possessing we're using
[49:13.380 --> 49:22.340]  is all of this same thing here oh okay okay then so the what i was going for is the complaint
[49:22.340 --> 49:28.340]  was insufficient but apparently it's not okay go ahead jeff yeah the uh the issue there while
[49:28.340 --> 49:39.140]  Brett's looking there under subsection a point one one and then part i is what the magistrate
[49:39.140 --> 49:46.660]  actually cited and that is for someone other than a pupil i believe if Brett i don't know if Brett
[49:46.660 --> 49:54.020]  can confirm that i'm not seeing any sub anything underneath the a the a is just uh says the offense
[49:54.020 --> 49:59.860]  and that's it just defines it let's see if i can find something else though if you look down maybe
[49:59.860 --> 50:05.220]  a little further there if you're looking at section a little further there will also be at a point one
[50:05.220 --> 50:13.220]  one and then there's multiple sections and i underneath that sorry but anyhow uh what what
[50:13.220 --> 50:19.380]  we were looking at on this and in my grandson and son in pennsylvania are listening to my now
[50:19.380 --> 50:29.940]  invest my knowledge um okay let me ask a question before we move ahead yes what does your grandson
[50:29.940 --> 50:43.940]  and son anticipate or want as an ultimate outcome um my son is shall we say familiar with what you
[50:43.940 --> 50:53.060]  discuss in a very elementary sense as i am you have somewhat elementary net and um they would like
[50:53.060 --> 50:59.860]  to overcome the charges but it's also a learning experience for the 16-year-old son grandson that
[50:59.860 --> 51:08.740]  that's what i wanted to hear so in the process of doing this i really am uncomfortable with
[51:08.740 --> 51:19.220]  kids in school giving them the impression that public officials and police are really the bad
[51:19.220 --> 51:27.460]  guys because they're really not and if you have a principal here or a teacher uh smoking is not a
[51:27.460 --> 51:34.900]  good idea and you know they're trying to teach and i says i'm certain they're doing this to
[51:34.900 --> 51:42.900]  demonstrate to the child why this is bad idea and that's good that's okay and in this case it's a
[51:42.900 --> 51:57.060]  really minor issue but so if they're going to nitpick this statute if they're going to stand on a
[51:57.060 --> 52:07.780]  fine point of law well you should hold them to a fine point of law and if they're trying to teach
[52:07.780 --> 52:18.020]  the child a lesson maybe the child can teach the school a lesson when you take what would normally
[52:18.020 --> 52:29.540]  be a behavioral issue and you turn it into a criminal issue you better tiptoe very very lightly
[52:30.900 --> 52:40.420]  because you are not an ordinary citizen you are a public official and unlike an ordinary citizen
[52:40.420 --> 52:49.940]  who can do anything they want to unless the law specifically prohibits them from doing it if you
[52:49.940 --> 52:56.980]  are a public official you may only do what the law specifically authorizes you to do
[52:58.260 --> 53:07.620]  and you must do everything you do in strict adherence to the law so it's appropriate
[53:07.620 --> 53:17.780]  for your son and grandson to take these officials back to the law was your grandson taken before
[53:18.500 --> 53:27.700]  a magistrate for a preliminary hearing uh no can i run down some bits of information
[53:27.700 --> 53:35.140]  will help stitch it together maybe quickly absolutely i just did that to set the groundwork
[53:35.140 --> 53:40.660]  for where we're going if your son and grandson are listening i don't want them to think that we
[53:40.660 --> 53:47.940]  we think all our public officials bad guys now but you and i we are members of a republic
[53:49.540 --> 53:58.900]  and as citizens of a republic it is our duty to police our police we ask them to protect us from
[53:58.900 --> 54:06.420]  our oversight and carelessness and it's our job to do the same thing so we owe it to these
[54:06.420 --> 54:11.780]  officials to hold them to rule of law it's not about anger at risk it's about doing our job
[54:12.980 --> 54:20.180]  okay go ahead yeah yeah yeah um i'm out i'm just guessing three four years ago my son did
[54:20.820 --> 54:27.220]  withstand a driving under suspension licensing and he actually the judge was nice enough to go
[54:27.220 --> 54:34.020]  crazy on the bench and throw him in jail for four or five days and then wipe everything court record
[54:34.020 --> 54:37.860]  everything and they brought him out of jail without any paperwork or anything it was amazing
[54:37.860 --> 54:42.580]  but that's a separate issue uh so i mean he's been around a little bit
[54:44.660 --> 54:52.100]  okay meanwhile this principle in his criminal complaint lists that it's the fourth offense
[54:52.100 --> 55:01.540]  the father talked with the principal who said this was the only occasion and his pupil has only
[55:01.540 --> 55:08.820]  attended that school district this year now the father obtained the pupil's school file with
[55:08.820 --> 55:17.060]  the school seals on it and there are no other offenses that criminal is aggravated perjury
[55:17.060 --> 55:24.420]  yeah well and it says here in that same piece of law there it says in subsection c
[55:25.780 --> 55:29.860]  that the nature of this offense it says a summary offense under this section
[55:30.660 --> 55:35.860]  shall not be a criminal offense of record shall not be reportable as a criminal act
[55:35.860 --> 55:41.700]  and shall not be placed on the criminal record of the offending school age person if any such record
[55:41.700 --> 55:50.260]  exists it also okay that's going to take some explanation that's interesting
[55:52.020 --> 55:56.100]  and as far as a summary offense it says a summary offense under this section which
[55:56.100 --> 56:02.500]  that's new terminology for me a summary offense but it does say up under the a point one which i
[56:02.500 --> 56:07.700]  found sorry i went to a different source and found the law with had more subsection listed
[56:07.700 --> 56:17.300]  but uh yeah a point one and then i a one ii is about uh but any person other than a pupil
[56:18.340 --> 56:23.540]  well we're fixing to go to sponsors but the summary offense is is in a certain location
[56:24.580 --> 56:30.740]  we'll be right back would you like to make more definite progress in your walk with god
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[57:25.780 --> 57:35.540]  live free speech radio logos radio network dot com
[57:37.220 --> 57:41.140]  the following these flashes brought to you by the low star lowdown
[57:42.980 --> 57:48.420]  markets for monday the 22nd of july 2019 open with precious metals gold one thousand four hundred
[57:48.420 --> 57:52.580]  twenty nine dollars an ounce silver sixteen dollars forty five cents an ounce copper two
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[58:01.220 --> 58:06.580]  of market cap bitcoin core ten thousand five hundred sixty six okay we are back brandy kelton
[58:06.580 --> 58:14.420]  wet fountain rule of law radio on this friday the sixth day of march 2020 and we're talking to
[58:14.420 --> 58:23.700]  jeff in south carolina and jeff uh hang on let brett read to you what he read to me on the break
[58:24.420 --> 58:31.460]  brett will you go back through that sure i was looking at subsection c here we're reading um
[58:32.420 --> 58:38.740]  we are reading section 6306.1 of title 18 in pennsylvania
[58:38.740 --> 58:52.580]  so 6306.1 subsection 8.1 and then sub 1 sub ii this is the one that uh you're that they cited
[58:53.860 --> 59:02.180]  says any person other than a pupil commits a summary offense if the person uses this
[59:02.180 --> 59:10.020]  what doesn't say possesses or uses it just says uses he uses a tobacco product on a school bus
[59:10.020 --> 59:13.780]  or other vehicle owned by or leased by or under the control of the school district
[59:15.060 --> 59:20.580]  so that's what they cited him for they cited him for somebody other than a pupil on the school bus
[59:20.580 --> 59:29.700]  or other vehicle so the summary offense if they're going to try to prove what they they
[59:29.700 --> 59:33.700]  allege prove what they allege that's going to be really hard for them to do right because it
[59:33.700 --> 59:40.340]  didn't actually happen he is a pupil and he wasn't using it but if they try to switch it out and do
[59:40.340 --> 59:45.140]  some little sleight of hand and go to the other one the subsection a that says a pupil commits a
[59:45.140 --> 59:51.780]  summary offense if possesses or uses well then they've got a problem with subsection c down there
[59:51.780 --> 59:58.100]  because it says a summary offense under this section shall not be a criminal offense of record
[59:58.100 --> 01:00:03.620]  shall not be reportable as a criminal act and shall not be placed on the criminal record
[01:00:03.620 --> 01:00:11.700]  of the offending school age person if any such record exists so randy what do you think they're
[01:00:11.700 --> 01:00:20.980]  doing here this should get okay i'm i'm thinking what i know about school systems if uh i know in
[01:00:20.980 --> 01:00:32.820]  texas disciplinary actions in the schools must be reported and schools are evaluated based on the
[01:00:32.820 --> 01:00:42.100]  number of disciplinary problems they have more disciplinary problems the more the school system
[01:00:42.100 --> 01:00:50.420]  more the the school board looks at i'm sorry the education agency frowns on the jurisdiction they
[01:00:50.420 --> 01:00:56.580]  expect them to keep control of their students so they have to report all the disciplinary procedures
[01:00:56.580 --> 01:01:02.740]  to the school at the texas education agency i suspect there's something similar in pennsylvania
[01:01:04.020 --> 01:01:09.940]  so what i was thinking while you were reading this is why would they go to the criminal
[01:01:11.380 --> 01:01:18.180]  instead of keeping this in house this is a disciplinary issue and should stay in house
[01:01:18.180 --> 01:01:21.700]  why would they not want it to stay in house well the only reason i can think of
[01:01:22.580 --> 01:01:29.380]  is they don't have to report it to the education agency whatever it is for pennsylvania so it makes
[01:01:29.380 --> 01:01:38.340]  their school look cleaner they subject the child to an improper prosecution so that they don't have
[01:01:38.340 --> 01:01:47.060]  to increase the number of disciplinary actions on their report ouch that changes the perspective
[01:01:47.060 --> 01:01:56.900]  that makes us political if the grandson's listening here's how it is you may not like this you may
[01:01:56.900 --> 01:02:04.820]  not want to hear this but this is how things work in the world we live in you will never let me step
[01:02:04.820 --> 01:02:13.300]  back you can never expect to win your case simply because you have the law and the facts on your
[01:02:13.300 --> 01:02:21.940]  side to think so is naive it is not that way now never has been that way since we've had human
[01:02:21.940 --> 01:02:28.420]  beings as judges you can expect to win your case if you have the politics on your side
[01:02:29.300 --> 01:02:37.700]  and all politics is local so the first thing i see in a case that doesn't look quite right
[01:02:37.700 --> 01:02:47.940]  i stop and say okay what are the politics involved it cannot be assumed that these guys don't know
[01:02:48.820 --> 01:02:58.340]  what Brent just read they didn't find that statute buried deep in the code by accident
[01:02:59.620 --> 01:03:06.340]  so how did they manage to go to a statute that doesn't apply to the circumstances
[01:03:06.340 --> 01:03:16.100]  what motivated them do not assume what they did they did by accident the law says they know exactly
[01:03:16.100 --> 01:03:26.980]  what they're doing so this sounds like a school policy before i did anything i would want to go
[01:03:26.980 --> 01:03:33.860]  look at the school i want to see all of the disciplinary actions that the school has reported
[01:03:33.860 --> 01:03:41.540]  to whatever their education agency is and then see all of the instances where a child is charged
[01:03:41.540 --> 01:03:50.580]  criminally texas recently changed their law they several years ago they changed the law so that
[01:03:51.700 --> 01:03:56.260]  this is a certain disciplinary problems in school could be reported as crime
[01:03:56.260 --> 01:04:05.700]  and that turned out to be a horrible problem they got the the police involved got the
[01:04:05.700 --> 01:04:11.860]  kids and parents in criminal courts and the criminal courts for a horrible mess and just
[01:04:11.860 --> 01:04:17.860]  demonstrated to the children that they could not trust the criminal justice system and they did that
[01:04:17.860 --> 01:04:25.940]  very early and in 2016 they eliminated all that garbage i had went to my school i had someone come
[01:04:25.940 --> 01:04:31.300]  to me and tell me that uh child would act it up in school and they call the police and the police
[01:04:31.300 --> 01:04:38.500]  come in and arrested them i got a hold of the officer who did that he was the officer doing
[01:04:38.500 --> 01:04:44.660]  security at the school i knew him personally and i told him tawn if you're called to a class
[01:04:45.620 --> 01:04:50.660]  and a policeman and a teacher wants you to arrest a student and you arrest that student for something
[01:04:50.660 --> 01:04:59.620]  he did when you weren't there i will take you to the grand jury myself you have no power to arrest
[01:04:59.620 --> 01:05:06.420]  that child if you did not personally see or hear that offense being committed if he said well they
[01:05:06.420 --> 01:05:11.220]  call me i've got to do something if that teacher wants that child charged criminally let that teacher
[01:05:11.220 --> 01:05:17.220]  took his behind down to the local magistrate fill out a swear out a criminal complaint his self do
[01:05:17.220 --> 01:05:22.820]  not let him drag you in there to do his dirty work for them they're just trying to get out of having
[01:05:22.820 --> 01:05:30.500]  to report disciplinary problems to the tea that put a stop to that stuff and went before the the
[01:05:30.500 --> 01:05:37.620]  school board and told them the same thing this happens again i'll put you the school board
[01:05:37.620 --> 01:05:42.260]  and the officer in front of a grand jury you explain it to a grand jury if your teachers
[01:05:42.260 --> 01:05:49.620]  want them arrested let them go down and file these complaints that never happened the school was using
[01:05:49.620 --> 01:05:56.260]  the police to do their work for them and that's what this sounds like before i went after them
[01:05:56.260 --> 01:06:03.380]  before i did anything i want to start doing some information requests you don't want to know the
[01:06:03.380 --> 01:06:08.820]  names of anyone who any of these children who have been disciplined you don't need to know the
[01:06:08.820 --> 01:06:15.780]  facts or details you want to know the numbers what reporting requirements do they have to the
[01:06:15.780 --> 01:06:22.660]  education agency and what reports did you send to those agencies and what do the numbers on the
[01:06:22.660 --> 01:06:33.620]  reports how did the numbers on the reports affect the agency everything's political and all and
[01:06:33.620 --> 01:06:40.580]  mall politics is local and kin's got these four rules and that's the second rule the first rule
[01:06:40.580 --> 01:06:50.740]  is perception is everything so jeff what do you think the school is going to think when you start
[01:06:50.740 --> 01:07:00.340]  peppering them with requests that go to the information that will demonstrate exactly why
[01:07:00.340 --> 01:07:09.060]  they did this what do you think they'll do jeff well i'm sure they get nervous it has been my
[01:07:09.060 --> 01:07:17.940]  experience that when you start looking behind the curtain they get nervous and they try to fight
[01:07:17.940 --> 01:07:25.380]  you and when they try to fight you they do stupid stuff when you start asking these questions that
[01:07:25.380 --> 01:07:33.300]  they're not going to want to answer these questions and remember my rule never ask a public official
[01:07:34.020 --> 01:07:43.060]  to do anything you actually want them to do because you never ask a public official to do
[01:07:43.060 --> 01:07:49.620]  anything that the law does not compel them to do so that when they fail to do it you get to hammer
[01:07:49.620 --> 01:07:57.940]  them good like information requests in every state it's a class a class a misdemeanor
[01:07:59.460 --> 01:08:03.940]  they're charged in his child with a summary offense and they're committing class a misdemeanors in
[01:08:03.940 --> 01:08:13.300]  the process if they have tested if they filed a complaint claiming that he used tobacco in the
[01:08:13.300 --> 01:08:20.980]  school that's aggravated perjury that's felony every state so they're committing felonies
[01:08:22.500 --> 01:08:30.100]  in order to not have to report disciplinary actions and that's conjecture of my part that
[01:08:30.100 --> 01:08:39.940]  that's the reason but they didn't do this by accident so before we go anywhere i would
[01:08:39.940 --> 01:08:44.900]  you know when i when i go after these guys i always want to make sure that i know what's
[01:08:44.900 --> 01:08:52.820]  going on i want to know more about what they're doing than they do and it has been my experience
[01:08:52.820 --> 01:08:59.460]  the most powerful tool i have is an information request i put an information request into my local
[01:08:59.460 --> 01:09:06.100]  judge for a list of all of the lawyers on their attorney wheel and he sent the request to the
[01:09:06.100 --> 01:09:10.180]  county attorney i give it to the district judge and he gave it to the county attorney
[01:09:12.020 --> 01:09:19.540]  the county attorney is not the sharpest knife in the drawer and when he tells me that he has
[01:09:19.540 --> 01:09:28.100]  sent a request to the the attorney general for a clarification i'm going to file against the judge
[01:09:28.100 --> 01:09:39.700]  for for violating the act for delay for delays sake i asked for the attorney's names professional
[01:09:39.700 --> 01:09:49.220]  address and email and the district judge is a an elected official so he is by law the one who
[01:09:49.220 --> 01:09:53.940]  must respond even if he decides to delegate it to somebody he's the one with the responsibility
[01:09:53.940 --> 01:09:59.300]  for duty exactly i filed it with his office he wants to get legal advice knock yourself out
[01:09:59.300 --> 01:10:05.780]  but what james state and the county attorney may be forgetting this is an administrative act
[01:10:06.500 --> 01:10:17.860]  he has no immunity and i will so enjoy hammering james i will do this with relish
[01:10:17.860 --> 01:10:27.620]  so back to to jeffins wait a minute okay you're in south carolina but the issues in
[01:10:28.180 --> 01:10:34.900]  in pennsylvania okay correct it's correct that that would be my suggestion before we do anything
[01:10:34.900 --> 01:10:45.780]  uh the second suggestion is going to be a motion to strike the complaint as insufficient on its face
[01:10:49.060 --> 01:10:58.260]  unless unless the complaint itself in the statement of fact said that the the complainant
[01:10:58.260 --> 01:11:08.900]  personally observed the grandson using tobacco then it doesn't meet the elements of the statute
[01:11:12.340 --> 01:11:14.820]  challenge the complaint is insufficient on its face
[01:11:17.300 --> 01:11:24.340]  does that make sense jeff yes sir absolutely um randy is there anything that he needs to do
[01:11:24.340 --> 01:11:28.900]  to try to lock that in so that they don't just amend the complaint is there anything that he
[01:11:28.900 --> 01:11:37.380]  needs to do to uh to stand on defense against that insufficient complaint you know you see
[01:11:37.380 --> 01:11:45.780]  here what i'm saying no i don't think they can they can't fix it this once the verification
[01:11:45.780 --> 01:11:52.420]  was placed on the document and the document presented to a public official that's aggravated
[01:11:52.420 --> 01:11:58.740]  perjury perjury and tampering with the government document now this is not one offense this is two
[01:11:58.740 --> 01:12:08.020]  offenses the reason is two offenses is because the accuser had to sit before a notary and place on a
[01:12:08.020 --> 01:12:14.340]  government document a material statement of fact that was untrue and for the grandson and the son
[01:12:14.340 --> 01:12:24.580]  if i tell the judge that i weigh 180 pounds when i actually weigh 230 and i've been accused of
[01:12:24.580 --> 01:12:34.340]  speeding how much i weigh is irrelevant so that is not perjury the the legal technical term for
[01:12:34.340 --> 01:12:46.420]  that is beeping perjury perjury only applies to a material fact if i claim that i was not speeding
[01:12:46.420 --> 01:12:56.660]  and i was speeding that is material and that would make it perjury so someone put on a complaint
[01:12:56.660 --> 01:13:04.340]  that you had violated this particular act and in order to violate this act you must have
[01:13:05.620 --> 01:13:15.780]  use the the product now on a bus on a on a on a bus or in a school building it says on a school
[01:13:15.780 --> 01:13:21.620]  bus or other vehicle owned by leased by or under the control of school district so this is on a bus
[01:13:21.620 --> 01:13:27.380]  or some kind of bus like vehicle this is Brett it doesn't say that the school building is a
[01:13:27.380 --> 01:13:34.900]  separate little subsection there actually the section there is just the i in a school building
[01:13:34.900 --> 01:13:45.140]  i believe so they quoted the they cited the i or the ii and just the i it's a okay one
[01:13:45.140 --> 01:13:52.420]  one i okay so that one just says in a school building but he would have to be somebody
[01:13:52.420 --> 01:13:58.580]  other than a pupil right yes yeah and he would have to use the tobacco product not just possess it
[01:13:59.220 --> 01:14:08.180]  i see that now absolutely yes was the grandson to pupil yes okay so the did they
[01:14:08.180 --> 01:14:14.740]  did the statement assert that he used the product
[01:14:17.140 --> 01:14:23.540]  no no i could say the the information i'm i'm let me i'll get the uh complaint up here
[01:14:24.420 --> 01:14:29.540]  the complaint uh by the school principal is
[01:14:29.540 --> 01:14:35.780]  is okay hang on
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[01:17:18.980 --> 01:17:24.980]  okay we are back brandy kelton wet mountain we live on radio on this the sixth day of
[01:17:24.980 --> 01:17:34.100]  march 2020 we're talking to jeff in south carolina and oh yeah this is getting interesting
[01:17:36.180 --> 01:17:43.620]  often when we take a step back and look closely and try to analyze the underlying
[01:17:43.620 --> 01:17:52.180]  motivations we find all kinds of interesting things and here this sounds interesting
[01:17:52.180 --> 01:18:00.580]  they have filed a criminal accusation and it appears as though they have deliberately
[01:18:01.380 --> 01:18:12.180]  misrepresented the case whether they stated facts in the complaint sufficient to support the
[01:18:12.180 --> 01:18:22.820]  complaint is not as relevant as the fact that they stated under oath or the principal did that he
[01:18:22.820 --> 01:18:34.740]  had reason to believe and does believe that this student committed this crime and then when it turns
[01:18:34.740 --> 01:18:42.980]  out that the facts available to the to the principal were insufficient to support this claim
[01:18:45.220 --> 01:18:50.500]  he may not assert that he failed that he did not commit aggravated perjury
[01:18:52.340 --> 01:18:58.740]  when he filed the complaint just because he didn't say that the child used the product
[01:18:58.740 --> 01:19:05.060]  but by filing the complaint he asserted that the child used the product because that was
[01:19:05.060 --> 01:19:11.780]  necessary in order to give him reason to believe can i inject something here
[01:19:13.300 --> 01:19:22.340]  go ahead yeah his statement says acts committed by the accused were fourth offense possession
[01:19:22.340 --> 01:19:30.100]  front slash use front slash sale of tobacco front slash bait front slash jewel comma
[01:19:30.900 --> 01:19:35.860]  possession of lighter matches or anything that produces a flame
[01:19:38.820 --> 01:19:47.460]  that was what the principal stated now the the i'm sorry that's that's actually on the
[01:19:47.460 --> 01:19:54.100]  um you know that's on the private criminal complaint but the summons that the district
[01:19:54.100 --> 01:20:02.580]  magistrate issued was this one one high that says other person in use that's according to that
[01:20:02.580 --> 01:20:17.620]  statute oh so the principal did not state a specific statute uh he he said title 24 6306.1 which to the
[01:20:17.620 --> 01:20:23.620]  best of my ability and three of us have been looking and none of us can find a title 24 is
[01:20:23.620 --> 01:20:34.580]  6306.1 and does it yeah i'm not seeing that either the the magic what it is it's some extended thing
[01:20:34.580 --> 01:20:44.100]  that in title 24 it gives them the ability to report a whole list of things and on that list
[01:20:44.100 --> 01:21:05.540]  is 6306.1 okay here's the deal it sounds like the principal stated the facts clearly
[01:21:05.540 --> 01:21:11.700]  and correctly yes yes and it was the magistrate who cited the wrong statute
[01:21:11.700 --> 01:21:21.700]  okay now address this with Brett on the the break that what i'm trying to do is
[01:21:21.700 --> 01:21:32.260]  demonstrate to the to the grandson how we as citizens of a republic have a duty to
[01:21:32.260 --> 01:21:44.660]  to discipline or just do the same thing that police do we have a duty to hold our public
[01:21:44.660 --> 01:21:53.300]  officials to the same law they report to hold us to okay now i'm going to ask the grandson
[01:21:53.300 --> 01:21:58.180]  to stick his fingers in his ears for a minute and pretend like you're not listening
[01:21:58.180 --> 01:22:09.940]  and this is how it works in the real world the principal made a correct statement of facts
[01:22:11.460 --> 01:22:21.860]  the magistrate put in the wrong statute so this goes to actual practice how do you get
[01:22:21.860 --> 01:22:29.460]  it this correct it if you go to the principal and accuse him of doing it he's going to claim
[01:22:29.460 --> 01:22:39.140]  that he didn't so instead of going to the magistrate and telling the magistrate oh you
[01:22:39.140 --> 01:22:48.740]  didn't file this correctly and go to the principal and charge him criminally with making a false claim
[01:22:48.740 --> 01:23:00.900]  accusing the child of violating this particular statute now you don't really know what actually
[01:23:00.900 --> 01:23:07.780]  went on you only know what you can see in the paperwork but the principal went to the magistrate
[01:23:07.780 --> 01:23:15.540]  and made a claim and the child wound up charged with this particular statute when the facts
[01:23:15.540 --> 01:23:20.260]  don't support that statute so accused the prosecutor i mean the principal are doing it
[01:23:22.340 --> 01:23:28.020]  as a matter of practice it's always best to go for the one who's innocent as the driven snow
[01:23:29.620 --> 01:23:37.380]  because when you accuse him of aggravated perjury he's going to get apoplexy for accusing the
[01:23:37.380 --> 01:23:42.100]  child of violating this statute and he's going to say wait a minute i didn't do that
[01:23:42.100 --> 01:23:49.060]  and he'll throw the procs throw the magistrate under the bus for you so you get a statement
[01:23:49.060 --> 01:23:54.820]  from him saying he didn't make that accusation then you go to the magistrate charge him with
[01:23:54.820 --> 01:24:03.620]  aggravated perjury and let him explain it to a grand jury randy we do have the of course
[01:24:03.620 --> 01:24:12.340]  the criminal complaint but all what the the principal did state fourth offense that's
[01:24:12.340 --> 01:24:18.500]  aggravated perjury the records the records have been obtained by the father which are have the
[01:24:19.540 --> 01:24:27.780]  school seal on it and uh and it's his records do not support but one only this one instant this
[01:24:27.780 --> 01:24:34.340]  recent one there are no other instances and he's only only attended there this school here okay
[01:24:34.340 --> 01:24:43.540]  question for the grandson if you take a math test and you get in a number on one of the answers wrong
[01:24:44.740 --> 01:24:49.060]  and the teacher comes to you and says hey you got this one wrong and you say wait a minute wait a
[01:24:49.060 --> 01:24:55.060]  minute uh i didn't really mean to put that number down there i meant to put this other number down
[01:24:55.060 --> 01:25:05.140]  there what's the teacher going to say to me uh so sorry brother life is tough well the principal
[01:25:05.140 --> 01:25:12.020]  made a mistake well unfortunately when you start filing criminal charges against children
[01:25:12.980 --> 01:25:22.100]  right you better make absolutely sure you got everything right you simply don't get to make
[01:25:22.100 --> 01:25:30.420]  those mistakes that bell's been rung and the principal cannot unring it
[01:25:33.460 --> 01:25:36.580]  file against the principal for aggravated perjury not yet
[01:25:38.580 --> 01:25:46.580]  you haven't given them opportunity to screw up enough yet if you start asking for information
[01:25:46.580 --> 01:25:56.100]  that points at your accusation that they did this for some administrative reason that made them look
[01:25:56.100 --> 01:26:04.820]  better these guys are just not the sharpest knives in the drawer they're very likely to give you a
[01:26:04.820 --> 01:26:11.220]  lot more claims against them what i have found in dealing with public officials they're so accustomed
[01:26:11.220 --> 01:26:17.060]  to being able to manipulate the public any way they want to when you try to get them to do you
[01:26:17.060 --> 01:26:29.220]  think draw them they are extremely accommodating and there will be nothing better to do as a
[01:26:30.660 --> 01:26:33.940]  teaching tool for these public officials than to set them up
[01:26:33.940 --> 01:26:39.540]  ask them questions they aren't going to answer and get them not to answer them
[01:26:42.100 --> 01:26:45.860]  if you make an information request and they don't respond to it that's a crime
[01:26:47.300 --> 01:26:52.260]  without regard to anything else that's a crime on its face i'm about to file against my district judge
[01:26:53.060 --> 01:26:59.140]  criminally because he went to the county attorney and did what the county attorney
[01:26:59.140 --> 01:27:06.500]  said he should do i don't care what the county attorney told you you are the custodian if you
[01:27:06.500 --> 01:27:12.900]  don't like it you're not happy deal with it we're all grown-ups here uh put the principle in that
[01:27:12.900 --> 01:27:21.540]  position and maybe he'll get an education on why it's not a good idea to create a criminal record
[01:27:21.540 --> 01:27:27.860]  for a child just to say just for administrative convenience hang on go into our sponsors randy
[01:27:27.860 --> 01:27:33.540]  kelton brett fountain real world radio i'll call in number five one two six four six nineteen
[01:27:33.540 --> 01:27:43.060]  eighty four we'll be right back since nine eleven our government is used invasive measures like
[01:27:43.060 --> 01:27:47.700]  warrantless phone taps to keep us safe from terrorists but too much government surveillance
[01:27:47.700 --> 01:27:52.660]  could actually put us at greater risk i'm dr kathryn albrecht and i'll be back with the unsettling
[01:27:52.660 --> 01:27:59.220]  truth in just a moment privacy is under attack when you give up data about yourself you'll never
[01:27:59.220 --> 01:28:05.140]  get it back again and once your privacy is gone you'll find your freedoms will start to vanish too
[01:28:05.140 --> 01:28:11.300]  so protect your rights say no to surveillance and keep your information to yourself privacy
[01:28:11.300 --> 01:28:15.780]  it's worth hanging on to this public service announcement is brought to you by start page
[01:28:15.780 --> 01:28:22.500]  dot com the private search engine alternative to google yahoo and bin start over with start page
[01:28:23.860 --> 01:28:28.100]  our greatest threat isn't terrorists it's government according to political science
[01:28:28.100 --> 01:28:33.620]  professor rj rummel 20th century governments murdered nearly 300 million of their own citizens
[01:28:33.620 --> 01:28:38.340]  six times more than all the centuries wars combined and governments that kill have one
[01:28:38.340 --> 01:28:43.380]  thing in common too much power surveillance is government power and historically governments
[01:28:43.380 --> 01:28:47.620]  have used surveillance to protect themselves rather than citizens if you think such abuse
[01:28:47.620 --> 01:28:52.500]  couldn't happen in the u.s just look back to watergate join me in opposing the patriot act and
[01:28:52.500 --> 01:28:56.900]  let's return to the best protection of federal government with limited powers in accordance
[01:28:56.900 --> 01:29:02.900]  with the u.s constitution i'm dr kathryn albrecht more news and information at kathryn albrecht dot
[01:29:02.900 --> 01:29:13.220]  com this is building seven a 47 story skyscraper that fell on the afternoon of september 11 the
[01:29:13.220 --> 01:29:18.580]  government says that fire brought it down however 1500 architects and engineers concluded
[01:29:18.580 --> 01:29:22.900]  it was a controlled demolition over 6000 my fellow service members have given their lives
[01:29:22.900 --> 01:29:27.700]  of thousands of my fellow first responders of dying i'm not a conspiracy theorist not structural
[01:29:27.700 --> 01:29:31.860]  engineer i'm a new york city correction officer i'm an air force pilot i'm a father who lost his
[01:29:31.860 --> 01:29:40.020]  son we're americans and we deserve the truth go to rememberbuilding7.org today rule of law radio
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[01:31:05.940 --> 01:31:26.180]  okay we are back randy kelton brett felton rule of law radio and we do need to move on but
[01:31:26.180 --> 01:31:37.780]  but jeff what i suggest is that you have the grandson file an information request
[01:31:39.300 --> 01:31:48.020]  to the school and and brett and i were we're talking on the break about what's the most obnoxious
[01:31:48.020 --> 01:31:56.340]  thing you can ask for that they're not going to want to give you and i'm thinking all the emails
[01:31:57.460 --> 01:32:03.780]  to the uh of the the principal you want to see all these emails
[01:32:05.460 --> 01:32:10.180]  oh he is not going to be a happy camper
[01:32:10.180 --> 01:32:19.700]  and that's going to start a fight to withhold those emails and it's also going to get them
[01:32:20.260 --> 01:32:25.220]  to start asking these questions why is he trying to see those what's he looking for
[01:32:27.940 --> 01:32:36.100]  looking behind the curtain and then uh you might have the son file a information request with the
[01:32:36.100 --> 01:32:44.580]  the state education agency asking for all of the reports concerning discipline that must
[01:32:44.580 --> 01:32:53.140]  be filed by the various school systems before you go in there and ask for something you want
[01:32:53.140 --> 01:32:59.860]  to know what to ask for you want to know what they have and what they don't have and then
[01:32:59.860 --> 01:33:06.740]  then you ask for what they have but you asked for it in a way that they don't necessarily
[01:33:07.940 --> 01:33:09.700]  know that you know they have it
[01:33:12.580 --> 01:33:16.260]  i was talking to yesterday i was calling some courts trying to get
[01:33:17.220 --> 01:33:25.140]  their attorney wheel list the list of court pointing counsel and uh the clerk told me oh
[01:33:25.140 --> 01:33:35.860]  we don't have that i said look uh don't mess with me you have that well we don't accumulate that
[01:33:35.860 --> 01:33:44.100]  in a list i don't care what you accumulate it in or you don't we you have it he said well
[01:33:44.100 --> 01:33:53.060]  we don't make that available yes you make that available but i wasn't trying to to get a shot
[01:33:53.060 --> 01:33:58.340]  at him i was trying to get the information i'm asking for but he's one of those are criminal
[01:34:00.500 --> 01:34:06.020]  i could charge the person criminally when they say when he said that we don't have that information
[01:34:08.260 --> 01:34:17.140]  right yeah you do and one of them asked me well why do you want to see this oh man again don't
[01:34:17.140 --> 01:34:25.220]  ask me that question that's not a question ask me something else ask me who i am and what records
[01:34:25.220 --> 01:34:34.420]  i i want that's all don't ask me anything else okay read your own child needs to read your open
[01:34:34.420 --> 01:34:46.100]  records law in uh Pennsylvania and ask for records under law there's going to be a section in there
[01:34:46.100 --> 01:34:56.100]  that lists all of the things that are open for public inspection i have a request that asks for
[01:34:56.100 --> 01:35:02.900]  everything in that section i call it my scope and content request whenever they give me a hard time
[01:35:02.900 --> 01:35:10.020]  i send them that one and when i send it to them they always send me a response asking me to clarify
[01:35:10.020 --> 01:35:19.140]  because i'm asking for all of the records they keep what how they're kept where they're kept
[01:35:20.020 --> 01:35:25.620]  what the names of each record is what the substantive content of the record is who keeps it
[01:35:25.620 --> 01:35:32.340]  where it's kept what medium is it kept in and how specifically do i request each of those records
[01:35:32.340 --> 01:35:41.620]  in the act all of that is specifically made open so they can't ask for a request for an opinion
[01:35:41.620 --> 01:35:48.980]  if they do a file criminally against them delay for delays sake so i asked for things in the verbiage
[01:35:48.980 --> 01:35:54.260]  of the statute so when they asked me to clarify well i can't really clarify for you you really
[01:35:54.260 --> 01:35:59.860]  need to go to the legislature and let them explain to you what they meant when they wrote these codes
[01:35:59.860 --> 01:36:06.020]  so i like to tell them i'm sorry i can't give you legal advice but you ought to go talk to the
[01:36:06.020 --> 01:36:13.220]  legislature because they are so fond of telling everybody they can't give legal advice and i
[01:36:13.220 --> 01:36:18.660]  like to start out by with a record request for something that or information request for something
[01:36:18.660 --> 01:36:26.420]  that they would be embarrassed it's so minor and so innocuous that they'll be embarrassed when it
[01:36:26.420 --> 01:36:32.500]  later comes out this is what you wouldn't tell this kid i like to ask for something like the
[01:36:32.500 --> 01:36:38.980]  fax number or how much money does this administrator make or something that they have to tell you and
[01:36:38.980 --> 01:36:44.820]  they're going to be embarrassed later on that it was all over that and then put your more powerful
[01:36:44.820 --> 01:36:50.180]  request right behind it the things that you wanted to ask you make that be second that's what i like
[01:36:50.180 --> 01:37:01.140]  to do yes and for the grandson there are certain things you cannot do until you reach until you
[01:37:01.140 --> 01:37:12.580]  become a credible person credible person is defined by a person over the age of 18 never been accused
[01:37:12.580 --> 01:37:18.260]  of a felony they've never been convicted of a felony that's what a credible person is only
[01:37:18.260 --> 01:37:29.380]  a credible person can file criminal complaints but you live in a republic in a republic a citizen
[01:37:29.380 --> 01:37:39.700]  can do anything they want to unless the citizens of the republic have gotten together and through
[01:37:39.700 --> 01:37:48.660]  their legislature has agreed to restrict their behaviors in certain ways and those restrictions
[01:37:48.660 --> 01:37:57.700]  have been laid down in law if you are not statutorily forbidden to do something you may do it
[01:37:58.820 --> 01:38:07.300]  the constitution does not grant you any rights the constitution is a restrictive document
[01:38:07.300 --> 01:38:12.820]  it's written not for you but for public officials it tells public officials
[01:38:13.540 --> 01:38:20.260]  while citizens have the right to do anything they want to there are certain specific rights
[01:38:20.260 --> 01:38:28.100]  that we separated out and specifically forbid you to interfere with one of them is the right
[01:38:28.100 --> 01:38:32.740]  to petition the court to redress the grievance that's in the first amendment the right to a free
[01:38:32.740 --> 01:38:38.500]  press the right to be free from unreasonable search and seizures see this doesn't grant you a right
[01:38:38.500 --> 01:38:45.620]  you only have that it orders a public officials you are not to step on these rights that's all
[01:38:45.620 --> 01:38:52.340]  that the constitution does public officials on the other hand they don't have any rights
[01:38:54.820 --> 01:39:00.580]  when they're acting in the capacity as a public official they may only do
[01:39:00.580 --> 01:39:09.300]  what the law specifically authorizes them to do if a public official exerts or purports to exert
[01:39:09.300 --> 01:39:16.660]  an authority they do not expressly have or fails to perform a duty they're required to perform and
[01:39:16.660 --> 01:39:24.820]  in either case denies a citizen and that doesn't say a credible person but a citizen you are a
[01:39:24.820 --> 01:39:31.780]  citizen at birth denies the citizen in the full and free access to or enjoy him at a right well
[01:39:31.780 --> 01:39:39.700]  that's a crime in every state and in the Fed the Fed is called 18 us code 242 the Ku Klux Klan Act
[01:39:40.340 --> 01:39:48.260]  every state has a statute that reflects the Ku Klux Klan Act and Pennsylvania's absolutely
[01:39:48.260 --> 01:39:56.900]  has it it is in title 18 title 18 is the criminal code in the Fed it's the criminal code in Pennsylvania
[01:39:56.900 --> 01:40:03.540]  and I think it is in New York I'm sorry North Carolina a lot of the states try to keep the codes
[01:40:03.540 --> 01:40:12.900]  the same open records law is generally 552 state fed that's that way in Texas and and Tennessee
[01:40:12.900 --> 01:40:22.980]  and the Fed so anyway point is public officials can only do what they are specifically authorized
[01:40:22.980 --> 01:40:34.980]  to do and they must do what they are required to do hope that makes sense so back to this rule
[01:40:34.980 --> 01:40:39.780]  that we have and it says never ask public official to do anything you actually want them to do
[01:40:39.780 --> 01:40:46.100]  do because you never ask public official to do anything that the law does not compel him to do
[01:40:46.740 --> 01:40:49.940]  so before you ask a public official to do something check your law
[01:40:51.860 --> 01:40:55.700]  check your own records act before you ask for some information and make sure the
[01:40:55.700 --> 01:41:01.460]  open records act says that you can get that information then when they don't give it to you
[01:41:01.460 --> 01:41:08.740]  then you get to go in and hammer them and that's when the fun starts if you're filing complaints
[01:41:08.740 --> 01:41:18.500]  against public officials and anybody says anything that you can in any way take as a threat that's
[01:41:18.500 --> 01:41:26.100]  tampering with witness and obstruction both of them felonies this gets real deep real fast
[01:41:26.740 --> 01:41:35.700]  hang on Randy Kelton Brett Felton we'll law radio call it number 512 646 1984 we'll be right back
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[01:44:02.820 --> 01:44:20.900]  okay we are back grand chelton brett mountain and everybody else i'm not going to apologize
[01:44:20.900 --> 01:44:30.820]  for using a lot of time on this this is exactly what our show is about how to find remedy and
[01:44:30.820 --> 01:44:39.860]  if we can teach someone in high school how to find legal remedy this will be of great value
[01:44:39.860 --> 01:44:50.260]  and brett and i will have served a valuable purpose jeff what are you going to do next
[01:44:51.380 --> 01:44:58.020]  well i have two more quick comments if you if you would like to respond to them in a private
[01:44:58.020 --> 01:45:05.220]  criminal complaint in pennsylvania it says it may require da's approval this does not have da's
[01:45:05.220 --> 01:45:15.140]  approval let me explain how that works in pennsylvania unlike most of the other states the da has
[01:45:15.140 --> 01:45:23.540]  first blush he can make a determination as to whether or not he he feels that there is sufficient
[01:45:23.540 --> 01:45:32.020]  evidence to warrant a prosecution and when i filed a complaint and i have i was called to
[01:45:32.020 --> 01:45:40.580]  pennsylvania to help the amish over a milk issue and i filed with the prosecuting attorney but i
[01:45:40.580 --> 01:45:47.380]  filed a complaint that was sufficient with facts sufficient to convict and he refused to act on it
[01:45:47.380 --> 01:45:57.300]  so i claimed that he did not exercise prosecutorial discretion he exercised prosecutorial decrees
[01:45:58.260 --> 01:46:03.860]  in that he did not did not decide if he had reason to believe there was sufficient evidence to warrant
[01:46:03.860 --> 01:46:13.060]  a criminal prosecution but rather he decided which charges he wanted to prosecute in which
[01:46:13.060 --> 01:46:22.580]  one he did not and that was not an authority that he has but unlike texas which is a spanish law
[01:46:22.580 --> 01:46:34.340]  state and most of the states are west of the 13 colonies 13 colonies are uh they're under the
[01:46:34.340 --> 01:46:43.060]  older original common law and they're all common wells and pennsylvania in particular is the only
[01:46:43.060 --> 01:46:53.700]  one i know of where a prosecutor has statutory discretion and that seems like a problem except
[01:46:54.980 --> 01:47:01.540]  you know because in texas i don't have any standing i have a duty to give notice of crime
[01:47:01.540 --> 01:47:07.380]  but it is the prosecutor and the grand jury who determines whether a prosecution occurs or not
[01:47:09.380 --> 01:47:16.500]  the prosecutor actually has no statutory authority to decide whether to prosecute or not
[01:47:16.500 --> 01:47:22.740]  it is the magistrate and the grand jury you file your complaint with the magistrate or you file
[01:47:22.740 --> 01:47:27.060]  it with the grand jury even if you file it with the grand jury it still has to be filed with the
[01:47:27.060 --> 01:47:39.300]  magistrate the i wanted to say the the colonies the the common law states are different but
[01:47:39.300 --> 01:47:44.180]  that's not really true the one that's really different is pennsylvania it is the only one
[01:47:44.180 --> 01:47:51.780]  that allows the prosecutor discretion but to cover to fix that to avoid abuse by the prosecutor you
[01:47:51.780 --> 01:48:00.260]  have standing unlike the once i file a complaint i just give notice i don't have any standing concerning
[01:48:00.260 --> 01:48:07.060]  prosecution prosecution is not my business it's the business of the state in pennsylvania
[01:48:07.060 --> 01:48:14.180]  it is your business and if the prosecutor breaches his discretion you can appeal his decision to the
[01:48:14.180 --> 01:48:21.860]  court of common police and if the court of common police decides in its ultimate wisdom not to
[01:48:21.860 --> 01:48:30.660]  prosecute you can appeal that decision all the way up to the supreme and when i file with a prosecutor
[01:48:30.660 --> 01:48:38.020]  he refuses to prosecute i file criminal charges with the attorney general because in pennsylvania
[01:48:38.020 --> 01:48:46.660]  the attorney general unlike texas in texas the attorney general is the lawyer for the state
[01:48:47.220 --> 01:48:56.180]  and he has no prosecutorial authority except in two instances in the matter of an information
[01:48:56.180 --> 01:49:03.540]  request to a prosecuting attorney and the matter of a criminal complaint against a public official
[01:49:03.540 --> 01:49:09.460]  he has concurrent jurisdiction with the prosecuting attorney otherwise he has no power to prosecute
[01:49:10.660 --> 01:49:18.260]  in pennsylvania the attorney general has prosecutorial power so when the prosecutor
[01:49:18.260 --> 01:49:24.340]  refuses to prosecute you file criminally against him for official misconduct with the attorney general
[01:49:26.820 --> 01:49:32.660]  okay you will never win your case simply because you have the the law and the facts on your side
[01:49:32.660 --> 01:49:41.860]  to think so is naive you win your case you have the politics on your side and all politics is local
[01:49:42.820 --> 01:49:49.700]  that is not a problem it's only a problem if you don't understand that part
[01:49:51.780 --> 01:49:58.660]  so here in pennsylvania you have an excellent way of creating wonderful political pressure
[01:49:58.660 --> 01:50:04.980]  when you start filing criminal charges against the attorney general
[01:50:06.580 --> 01:50:12.740]  the attorney general is not going to be afraid of you the prosecutor is not going to be afraid
[01:50:12.740 --> 01:50:18.820]  of you you're just a citizen i mean you're nothing what he's going to be afraid of
[01:50:19.540 --> 01:50:26.580]  is the political cannon fodder you create for his political enemies the next time he
[01:50:26.580 --> 01:50:32.260]  runs for office you take that complaint you filed with the attorney general and you give it to his
[01:50:32.260 --> 01:50:39.300]  opponent and say the attorney general doesn't do his job he protects his buddies here's a criminal
[01:50:39.300 --> 01:50:43.620]  complaint i had to file against him and then his opponent will take that and wave it in front of
[01:50:43.620 --> 01:50:50.580]  the public he has these four rules the second one is everything's political the first one
[01:50:50.580 --> 01:51:01.700]  is perception is everything so when his opponent says look at this this high school kid
[01:51:02.660 --> 01:51:06.980]  had to file criminal charges against the attorney general because he wouldn't do his jobs
[01:51:07.700 --> 01:51:13.860]  what kind of attorney general is he that's where your power is he's in the politics
[01:51:13.860 --> 01:51:22.100]  if you learn to wield the politics efficiently you will become a force to be reckoned with
[01:51:23.380 --> 01:51:30.980]  okay i'm going to stop lecturing now okay jeff does that clarify the position of the prosecutor
[01:51:30.980 --> 01:51:37.220]  in Pennsylvania i believe so yep so to answer your question what am i going to do next i think
[01:51:37.220 --> 01:51:44.100]  i'll encourage my son and grandson or maybe a system in getting a motion in to strike for
[01:51:44.100 --> 01:51:52.580]  insufficient evidence on space before the 10 day plea time is up because when i checked with the
[01:51:52.580 --> 01:52:00.340]  district attorney's office or our district magistrate's office uh they left me no and no
[01:52:00.340 --> 01:52:06.740]  uncertain time if that plea wasn't in there'd be a warrant issued and he'd be arrested i suggest
[01:52:06.740 --> 01:52:13.140]  you file you style that in the form of a challenge to subject matter jurisdiction
[01:52:13.940 --> 01:52:23.860]  as the complaint is insufficient on its face to give the complainant standing to invoke the
[01:52:23.860 --> 01:52:32.020]  subject matter jurisdiction of the court yes because the statement fails to state the elements of
[01:52:32.020 --> 01:52:41.700]  the crime charged and subject matter jurisdiction is threshold it stands before everything subject
[01:52:41.700 --> 01:52:49.300]  matter jurisdiction when a complaint is filed with a magistrate subject matter jurisdiction
[01:52:49.300 --> 01:52:57.940]  on the part of the state is presumed until challenged what subject matter jurisdiction
[01:52:57.940 --> 01:53:05.940]  is challenged subject matter jurisdiction is lost when you file a challenge to subject
[01:53:05.940 --> 01:53:13.620]  matter jurisdiction you stand that arms link to the court you're standing outside the bar
[01:53:13.620 --> 01:53:19.060]  with your hand at with your arm out with your hand up palm facing the court holding them back
[01:53:19.060 --> 01:53:28.660]  i'm not stepping in front of this bar yet i'm not inside your jurisdiction yet you're held
[01:53:28.660 --> 01:53:36.740]  back until you prove your jurisdiction and it's not the prosecutor who has to prove it it's the
[01:53:36.740 --> 01:53:49.300]  judge the only time you can sue a judge is when he acts without jurisdiction so you file that
[01:53:50.980 --> 01:53:58.660]  and that stops it should stop everything but and then then it's time to start filing information
[01:53:58.660 --> 01:54:04.100]  request on the school district and school education board and stuff like that exactly
[01:54:04.100 --> 01:54:08.980]  this the subject matter jurisdiction if they step across it don't worry about it
[01:54:10.740 --> 01:54:16.980]  your only purpose in the trial court is to set the record for appeal
[01:54:19.380 --> 01:54:26.100]  if you file the subject matter jurisdiction charge and they ignore it then you get to file
[01:54:26.100 --> 01:54:37.540]  a petition for writ of mandamus in if this is a court of common please then you i think you
[01:54:37.540 --> 01:54:43.780]  would file that if it's not in a magistrate or a municipal court and is the court of common please
[01:54:44.580 --> 01:54:47.700]  then you would file that with the appellate court
[01:54:47.700 --> 01:54:59.620]  court and ask the appellate court a writ of mandate or mandamus is a you ask a higher court
[01:54:59.620 --> 01:55:07.220]  to order a lower court to do what the law commands it to do when you challenge subject
[01:55:07.220 --> 01:55:12.180]  matter jurisdiction the law commands the lower court to prove up jurisdiction
[01:55:12.180 --> 01:55:18.580]  so when they ignore that then you go right to the court of appeals and you wave all their bad
[01:55:18.580 --> 01:55:25.700]  behavior before the court of criminal appeals they are not or the court of i'm sorry court of appeals
[01:55:25.700 --> 01:55:34.900]  they are not going to like that one little bit so i would say motion to strike the complaints
[01:55:34.900 --> 01:55:41.060]  insufficient by way of a challenge to subject matter jurisdiction if you will send me an email
[01:55:41.060 --> 01:55:46.980]  at randy at ruleonradio.com i will send you my subject matter jurisdiction file
[01:55:48.500 --> 01:55:54.180]  absolutely thank you you you will like that it's got lots of juicy stuff in it and i'll send you
[01:55:54.180 --> 01:56:03.300]  some of the challenges that i have made and filed and had great fun with okay thank you jeff that
[01:56:03.300 --> 01:56:11.860]  was so much thank you so much appreciate you all okay now we're going to oh wait a minute who are we
[01:56:11.860 --> 01:56:20.820]  talking to first brett now he hasn't called back before this fall okay i was hoping he had called
[01:56:20.820 --> 01:56:28.740]  back and i didn't see him okay go into larry in arizona hello larry the bible remains the most
[01:56:28.740 --> 01:56:34.340]  popular book in the world yet countless readers are frustrated because they struggle to understand it
[01:56:35.060 --> 01:56:40.900]  some new translations try to help by simplifying the text that in the process can compromise the
[01:56:40.900 --> 01:56:47.700]  profound meaning of the scripture enter the recovery version first this new translation
[01:56:47.700 --> 01:56:54.260]  is extremely faithful and accurate but the real story is the more than 9 000 explanatory footnotes
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