ROL_2020-05-29_16k_Hr3-4.timecode

[00:00.000 --> 00:06.800]  The following news flash is brought to you by The Lowest Star of Lowdown.
[00:06.800 --> 00:13.200]  Markets for Monday the 22nd of July 2019 Open with Precious Metals, Gold $1,429 an ounce,
[00:13.200 --> 00:21.400]  Silver $16.45 an ounce, Copper $2.75 an ounce, Oil, Texas Crew $55.63 a barrel, Brent Crew
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[00:41.360 --> 00:52.520]  In history, the year 1916, the Preparedness Day bombing, a time suitcase bomb, was detonated on
[00:52.520 --> 00:58.280]  Market Street in San Francisco during the World War I Preparedness Day Parade, killing 10 and
[00:58.280 --> 01:07.440]  entering 40. Today in history. In recent news, since Governor Greg Abbott signed House Bill
[01:07.440 --> 01:12.640]  1325 legalizing Hemp and Attacks's law back in June, county prosecutors around the state,
[01:12.640 --> 01:17.000]  including Houston, Austin, and San Antonio, have been dropping marijuana possession charges,
[01:17.000 --> 01:21.120]  and even refusing to file new ones, since they are stipulating that they do not have the time
[01:21.120 --> 01:26.800]  or the laboratory equipment to test the herb for THC. Margaret Moore, the Travis County District
[01:26.800 --> 01:30.800]  Attorney, announced earlier this month that she was dismissing 32 felony possession and
[01:30.800 --> 01:35.200]  delivery of marijuana cases because of the law. Mr. Abbott and other state officials,
[01:35.200 --> 01:39.440]  including the Attorney General, stipulated in a letter to county district attorneys back on
[01:39.440 --> 01:44.440]  Thursday that marijuana has not been decriminalized in Texas, and that these actions demonstrate
[01:44.440 --> 01:50.880]  a misunderstanding of how HB 1325 works, as well as other cities, too, like the district attorney.
[01:50.880 --> 01:56.880]  In El Paso, Cayma Esparza, a Democrat, who also stated earlier this month that the law,
[01:56.880 --> 02:02.520]  quote, will not have an effect on the prosecution of marijuana cases in El Paso. However, the
[02:02.520 --> 02:07.240]  issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris
[02:07.240 --> 02:11.240]  County, who stated that, quote, the law is constantly changing on what makes something
[02:11.240 --> 02:15.280]  illegal based on its chemical makeup. It's important that if someone is charged with
[02:15.280 --> 02:24.680]  something, the test matches what they're charged with. A paper by Tulane University identified
[02:24.680 --> 02:30.200]  a five and a half inch American pocket shark. As the first of its kind in the Gulf of Mexico,
[02:30.200 --> 02:35.360]  the specimen being only the second pocket shark ever captured or recorded with the other
[02:35.360 --> 02:40.080]  one being found way back in 1979 in the East Pacific Ocean. According to the university
[02:40.080 --> 02:46.720]  paper, the shark secretes a lumus fluid from a gland near its front fins for the purposes
[02:46.720 --> 03:12.260]  of its legs. As a fusion of Paracelshite and 6-5-10, lightning could be caused by an
[03:12.260 --> 03:26.220]  Okay, howdy howdy, Randy Kelton, Brett Fountain, rule of law radio on this Friday, the 29th
[03:26.220 --> 03:34.980]  day of May, 2020, and we're talking to Olivier in Tennessee, and Brett, you had a question
[03:34.980 --> 03:35.980]  for Olivier.
[03:35.980 --> 03:46.700]  Yes, I was wondering, if you might be able to speak to the listeners, to me, to people
[03:46.700 --> 03:53.980]  who are interested to know what we can do, knowing that this is available, that this
[03:53.980 --> 04:01.580]  is the situation, now what would you say to listeners who are ready to step up, they've
[04:01.580 --> 04:06.780]  probably had this happen to them, so many of us have, and what do you do, what are the
[04:06.780 --> 04:11.580]  steps you take, or that you took, or you are taking?
[04:11.580 --> 04:21.940]  Well, first thing I was interested to do is they want to look at this remedy, is to read
[04:21.940 --> 04:29.380]  into it and see how many, there's a different way that it can be applied.
[04:29.380 --> 04:37.940]  In every case that I've further, more research I've been finding out, I've seen different
[04:37.940 --> 04:44.300]  points that they've been pointing out, and like certain rights or standings that I didn't
[04:44.300 --> 04:48.900]  understand that we had, I learned through the research in the case.
[04:48.900 --> 04:56.180]  So, the voice of Vagan Stockton have like many different categories where you can attack
[04:56.180 --> 04:57.180]  one statute.
[04:57.180 --> 05:06.460]  After you understand that part, everything else is easy, you just challenge the statute.
[05:06.460 --> 05:14.380]  And they typically, the way it looks like it's been going, once you initiate the challenge,
[05:14.380 --> 05:26.900]  they take it over and look at all the areas, even if you don't argue, or even if you don't
[05:26.900 --> 05:35.060]  argue that area, if you make a challenge that is in that area, they'll bring it up, the
[05:35.060 --> 05:37.500]  courts will bring it up themselves.
[05:37.500 --> 05:45.660]  All right, so would you say one step is to look through their rulings in these couple
[05:45.660 --> 05:51.340]  of cases that you've brought up, look through the rulings and find things that you can identify
[05:51.340 --> 05:58.340]  with your situation, and then state, maybe a step two would be find your local federal
[05:58.340 --> 06:04.700]  district court, because we don't necessarily, we're not all of us accustomed to dealing
[06:04.700 --> 06:10.060]  with the federal, so you go to a district court, right?
[06:10.060 --> 06:11.540]  And what do you file over there?
[06:11.540 --> 06:26.580]  I think this would be a 1983 due process violation, and you, the case would be, you would challenge,
[06:26.580 --> 06:35.340]  you would do a vagueness challenge, and underneath the vagueness challenge, you would assert that
[06:35.340 --> 06:43.500]  there are certain areas that you want to review, if it's overbroad, if it's void on the state,
[06:43.500 --> 06:56.540]  if it's overbred, and burdens protect its constitutional conduct, and then once you
[06:56.540 --> 07:07.380]  line it out from there, it's up to the courts to determine the language that's correct.
[07:07.380 --> 07:08.380]  Wonderful.
[07:08.380 --> 07:19.860]  You've got to learn, you've got to learn what the challenges are, so you can walk in the
[07:19.860 --> 07:28.700]  door, but as long as it's a 14 commitment violation, or a due process violation, it's
[07:28.700 --> 07:30.700]  easy.
[07:30.700 --> 07:43.220]  So I was taken with your assertion that all you have to do is allege vagueness, and it
[07:43.220 --> 07:50.580]  the court itself will not only look at how you allege that it's vague, they will look
[07:50.580 --> 07:59.740]  for any way that they can construe the statute so that it would be vague.
[07:59.740 --> 08:00.740]  Right.
[08:00.740 --> 08:01.740]  That's great.
[08:01.740 --> 08:10.620]  So that means you only have to bring the issue, and you don't have to hit on exactly
[08:10.620 --> 08:17.700]  the right way to argue it that you can kind of expect the court to get it for you.
[08:17.700 --> 08:18.700]  Right.
[08:18.700 --> 08:28.060]  They'll deny your argument and remember that, but on this point, in this aspect, or as
[08:28.060 --> 08:43.580]  applies to others, it's a word game that is a word game that they play, but if you read
[08:43.580 --> 08:47.500]  enough of the case law, it starts to make sense.
[08:47.500 --> 08:52.740]  It's not really a word game, it's like what you say all the time, they want a good body
[08:52.740 --> 08:53.740]  of law.
[08:53.740 --> 09:01.580]  So they'll say, no, it's not vague, it's not this and this and that, but there is a conductive,
[09:01.580 --> 09:11.180]  there is a protected constitutionally protected conduct that this statute may interfere with
[09:11.180 --> 09:18.940]  because it's not written in language so the police can know the difference between that
[09:18.940 --> 09:24.100]  protected right and the regulated conduct.
[09:24.100 --> 09:25.100]  That's great.
[09:25.100 --> 09:33.540]  So can I ask, one of the things about that, is this one of those where you go and you
[09:33.540 --> 09:39.500]  initially go to the federal court and you put $400 on the table, or is this something
[09:39.500 --> 09:48.540]  where you file in your state, in your local, whatever city or county that's got state of
[09:48.540 --> 09:56.180]  Texas versus somebody or in your state of Florida, Tennessee, whatever, do you file there and
[09:56.180 --> 09:58.540]  have them remove it to the federal court?
[09:58.540 --> 10:05.940]  No, I filed with the federal court because I filed a case in the federal court and I
[10:05.940 --> 10:12.620]  was an inagent and they did not give me a problem at all.
[10:12.620 --> 10:20.460]  This was before I knew this story, if I filed with this intent back then, when I was in
[10:20.460 --> 10:25.620]  the federal court, they never gave me a problem with filing cases and bringing up cases.
[10:25.620 --> 10:30.060]  I just didn't have the right argument.
[10:30.060 --> 10:36.300]  So you had to file, did you fill out some paperwork first to establish indigence or
[10:36.300 --> 10:39.700]  did you just make a statement that you are indigent?
[10:39.700 --> 10:49.260]  Do they have a special, if you go to the federal website, they'll have like a printout, a document
[10:49.260 --> 11:01.100]  so you can, it's like a guide to fill out for the initiation of the lawsuit and you
[11:01.100 --> 11:07.980]  fill that in and send it in and then there's also an indigent paper, a packet, an indigent
[11:07.980 --> 11:09.500]  form.
[11:09.500 --> 11:15.460]  You sign, they ask you for your income and all that good stuff, how much you make and
[11:15.460 --> 11:19.460]  how much you spend on your expenses and you send that in.
[11:19.460 --> 11:28.620]  You send that in with your application for the initiation of the lawsuit.
[11:28.620 --> 11:34.820]  Then once they receive that, they'll send you paperwork saying, okay, the court signed
[11:34.820 --> 11:42.460]  you indigent or not indigent and they'll give you dates to start processing paperwork
[11:42.460 --> 11:46.660]  like filing briefs and things like that.
[11:46.660 --> 11:47.660]  Great.
[11:47.660 --> 11:48.660]  Yeah.
[11:48.660 --> 11:59.700]  And so I did, I did file cases and you know how you have to go serve the people?
[11:59.700 --> 12:01.180]  They served them for me.
[12:01.180 --> 12:06.180]  I don't know, I guess because they were state officials or they have to.
[12:06.180 --> 12:09.180]  Yeah, US Marshals will do the service.
[12:09.180 --> 12:10.180]  Yeah.
[12:10.180 --> 12:11.180]  So, yeah.
[12:11.180 --> 12:16.700]  And so some of those cases that I had last time, I didn't have to serve them.
[12:16.700 --> 12:20.780]  Not like the civil cases where I had to go serve the people myself.
[12:20.780 --> 12:25.500]  They sent me the paper and they'll tell this time the breezes and I'm like, wait a minute.
[12:25.500 --> 12:30.340]  I guess they served them for them because they told me they sent me dates for breeze
[12:30.340 --> 12:34.860]  and they take it and start from there.
[12:34.860 --> 12:38.860]  That sounds really helpful.
[12:38.860 --> 12:39.860]  Thanks for...
[12:39.860 --> 12:49.100]  I like the federal courts better than the state because, especially for Proce.
[12:49.100 --> 12:57.060]  It was hard when in the middle of the foreclosure crisis because they had so many people, you
[12:57.060 --> 13:01.540]  know, these people don't have money to start with, that's why they're having a foreclosure
[13:01.540 --> 13:06.860]  issue so they didn't have money for the courts and the courts were getting inundated with
[13:06.860 --> 13:10.060]  cases so they got a little more difficult.
[13:10.060 --> 13:15.500]  But now that that's kind of over, the federal courts tend to treat you much better than
[13:15.500 --> 13:18.100]  the state courts.
[13:18.100 --> 13:29.700]  And federal clerks are required to assist Proce litigants.
[13:29.700 --> 13:31.060]  So it's a lot easier in the Fed.
[13:31.060 --> 13:38.020]  And as you move up the ladder in the courts, the courts tend to get more professional.
[13:38.020 --> 13:45.940]  Most of us, the only interaction we have with courts are with municipal courts and traffic
[13:45.940 --> 13:47.300]  courts.
[13:47.300 --> 13:55.140]  And they are absolutely the worst by far the most miserable courts to deal with.
[13:55.140 --> 14:00.660]  And that's because they deal with hundreds of people and most of these people have no
[14:00.660 --> 14:08.060]  clue about what the law is and it's just a mill, they just grind everybody through it.
[14:08.060 --> 14:12.980]  And if you don't do exactly what everybody else does, they get all excited.
[14:12.980 --> 14:18.020]  And a lot of the techniques that I've developed that I give to people, I developed them in
[14:18.020 --> 14:24.420]  the municipal courts because every municipal court I went to gave me an opportunity to
[14:24.420 --> 14:26.500]  hammer them.
[14:26.500 --> 14:30.860]  But as you get up higher, you get in the federal courts and I've hammered a few federal judges
[14:30.860 --> 14:33.580]  but not many.
[14:33.580 --> 14:34.580]  They're different.
[14:34.580 --> 14:35.580]  They're pros.
[14:35.580 --> 14:37.420]  So it's a lot easier for you.
[14:37.420 --> 14:42.460]  So the point is don't be afraid of the federal courts, they'll help you out.
[14:42.460 --> 14:45.460]  And do you have anything else to alleviate?
[14:45.460 --> 14:46.460]  No.
[14:46.460 --> 14:51.620]  I just, no, I just figured out that this would be a lot easier for people to deal with.
[14:51.620 --> 14:56.300]  Don't have to go, keep on going back because you cannot file an injunction.
[14:56.300 --> 15:05.980]  Like if you have a current case or where this is and they're using arbitrary enforcement,
[15:05.980 --> 15:12.180]  you can write this up, avoid for vagus or whatever statute or that led them to that
[15:12.180 --> 15:20.740]  point and get this into the federal court and file for injunction for a state in debt
[15:20.740 --> 15:30.860]  proceeding until the question is answered because there is no purpose of being prosecuted
[15:30.860 --> 15:35.580]  if the statute has no merits in the first place.
[15:35.580 --> 15:36.580]  Exactly.
[15:36.580 --> 15:44.940]  And you can always do this under the 2201, the Declaratory Judgment Act.
[15:44.940 --> 15:53.620]  It has been my experience that the Declaratory Judgment Act is horribly underused and the
[15:53.620 --> 15:58.100]  judges simply don't know what it is.
[15:58.100 --> 16:04.020]  Tina, California, she was on earlier, she filed a petition for declaratory judgment
[16:04.020 --> 16:14.540]  and the judge and the lawyer treated it as if it was a civil lawsuit and the lawyers
[16:14.540 --> 16:17.460]  claimed res judicata and all kinds of stuff.
[16:17.460 --> 16:24.220]  Res judicata only goes to a claim that you're making and a petition for declaratory judgment
[16:24.220 --> 16:26.780]  makes no claim.
[16:26.780 --> 16:34.820]  But the Bolivia he's talking about is not a claim, he's not saying I've been harmed
[16:34.820 --> 16:41.380]  and you should pay for this money being harmed, he's saying the law the way it's written
[16:41.380 --> 16:50.340]  is unconstitutional and you're asking the court to declare the life of the person.
[16:50.340 --> 16:57.460]  This was a special remedy created so that someone who thinks he has a claim can come
[16:57.460 --> 17:00.340]  to the court and...
[17:00.340 --> 17:05.620]  Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
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[17:46.660 --> 17:49.580]  or email Michael Meares at yahoo.com.
[17:49.580 --> 17:59.180]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors
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[18:08.340 --> 18:12.420]  going to have a free society then we're going to have to stand and defend our own rights.
[18:12.420 --> 18:15.740]  Among those rights are the right to travel freely from place to place, the right to act
[18:15.740 --> 18:19.780]  in our own private capacity and most importantly the right to due process of law.
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[18:23.620 --> 18:25.500]  our rights through due process.
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[18:28.980 --> 18:32.740]  most comprehensive teaching tool available that will help you understand what due process
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[19:24.340 --> 19:51.340]  Do not wait for me, my friend, and I'll not judge you, but zusammen.
[19:51.340 --> 19:58.340]  Hey, I'm making money is everything, is everything to me, that's what I call him.
[19:58.340 --> 20:04.340]  My company, I'm a prey to him, because he's the only one code answering.
[20:04.340 --> 20:07.340]  When I'm business, what making man sayin'?
[20:07.340 --> 20:09.340]  Mankind, you know, it's the speedin' me.
[20:09.340 --> 20:12.340]  Can you trust it by me, Craig?
[20:12.340 --> 20:15.340]  Telling me a problem is dead.
[20:15.340 --> 20:18.340]  How can this name once again?
[20:18.340 --> 20:21.340]  Can you trust it by me, Craig?
[20:21.340 --> 20:24.340]  Telling me a problem is dead.
[20:24.340 --> 20:27.340]  How can this name once again?
[20:27.340 --> 20:30.340]  Can you trust it by me, Craig?
[20:30.340 --> 20:33.340]  Telling me a problem is dead.
[20:33.340 --> 20:36.340]  When I'm business, what making man sayin'?
[20:36.340 --> 20:39.340]  Mankind, you know, it's the speedin' me.
[20:39.340 --> 20:42.340]  Can you trust it by me, Craig?
[20:42.340 --> 20:45.340]  Telling me a problem is dead.
[20:45.340 --> 20:48.340]  When I'm business, what making man sayin'?
[20:48.340 --> 20:51.340]  Mankind, you know, it's the speedin' me.
[20:51.340 --> 20:54.340]  Can you trust it by me, Craig?
[20:54.340 --> 20:57.340]  Telling me a problem is dead.
[20:57.340 --> 21:00.340]  When I'm business, what making man sayin'?
[21:00.340 --> 21:03.340]  Mankind, you know, it's the speedin' me.
[21:03.340 --> 21:06.340]  Can you trust it by me, Craig?
[21:06.340 --> 21:09.340]  Telling me a problem is dead.
[21:09.340 --> 21:12.340]  How can this name once again?
[21:12.340 --> 21:15.340]  Okay, we are back. Randy Kelton, Brett Fountain,
[21:15.340 --> 21:18.340]  we're off to the radio.
[21:18.340 --> 21:21.340]  And Olivier, we're about done here.
[21:21.340 --> 21:24.340]  You have anything else?
[21:24.340 --> 21:27.340]  Oh, I guess we could hear you better
[21:27.340 --> 21:30.340]  if I unmuted your mic. Try that.
[21:30.340 --> 21:33.340]  Um, no, but I was also thinking
[21:33.340 --> 21:36.340]  that you got a platform, so
[21:36.340 --> 21:39.340]  if you get this education outcome
[21:39.340 --> 21:42.340]  from the start, right, might as well send it
[21:42.340 --> 21:45.340]  which I would send to you if they could have it,
[21:45.340 --> 21:48.340]  but if two people out of every state
[21:48.340 --> 21:51.340]  take a couple of statutes
[21:51.340 --> 21:54.340]  and start applying this to it,
[21:54.340 --> 21:57.340]  there was a problem.
[21:57.340 --> 22:00.340]  Things were holding right
[22:00.340 --> 22:03.340]  that we didn't know we had would start
[22:03.340 --> 22:06.340]  bein' puttin' on paper and addressed it, you know,
[22:06.340 --> 22:09.340]  but, okay, when I went out,
[22:09.340 --> 22:12.340]  I was speaking to Declaratory Judgment Act
[22:12.340 --> 22:15.340]  and this issue is
[22:15.340 --> 22:18.340]  absolutely ripe for declaratory judgment.
[22:18.340 --> 22:21.340]  And lawyers tend not to know what it is,
[22:21.340 --> 22:24.340]  so they don't know how to handle themselves.
[22:24.340 --> 22:27.340]  Even the judges don't understand it, but
[22:27.340 --> 22:30.340]  we have Don Terry, who's
[22:30.340 --> 22:33.340]  a host on this network.
[22:33.340 --> 22:36.340]  This is an issue we just filed with the federal court in Alabama.
[22:36.340 --> 22:39.340]  They arrested him
[22:39.340 --> 22:42.340]  and charged him with two felonies
[22:42.340 --> 22:45.340]  for suing two police officers.
[22:45.340 --> 22:48.340]  They said it intimidated the officers.
[22:48.340 --> 22:51.340]  And there's a law against doing something that will intimidate
[22:51.340 --> 22:54.340]  the officers, so they charged him with two felons.
[22:54.340 --> 22:57.340]  So we filed a, you know, he was gonna
[22:57.340 --> 23:00.340]  sue the state and said, wait, wait, wait.
[23:00.340 --> 23:03.340]  Let's see if we can't set him up first.
[23:03.340 --> 23:06.340]  So we filed a petition for declaratory judgment
[23:06.340 --> 23:09.340]  and we asked the federal court, can
[23:09.340 --> 23:12.340]  the filing of a civil petition
[23:12.340 --> 23:15.340]  in the federal court
[23:15.340 --> 23:18.340]  ever be construed as a crime
[23:18.340 --> 23:21.340]  in the state court?
[23:21.340 --> 23:24.340]  Now, that's kind of a say no
[23:24.340 --> 23:27.340]  question.
[23:27.340 --> 23:30.340]  The other side didn't respond to it.
[23:30.340 --> 23:33.340]  So they're
[23:33.340 --> 23:36.340]  Monday after the 20th day is up.
[23:36.340 --> 23:39.340]  Now we file a petition for summary judgment.
[23:39.340 --> 23:42.340]  We get there or default judgment.
[23:42.340 --> 23:45.340]  We get the court to render a
[23:45.340 --> 23:48.340]  ruling that says
[23:48.340 --> 23:51.340]  the filing of a civil suit in the federal court
[23:51.340 --> 23:54.340]  cannot be construed as a crime.
[23:54.340 --> 23:57.340]  So we're gonna bring that back to the state court
[23:57.340 --> 24:00.340]  and its res judicata
[24:00.340 --> 24:03.340]  can't be challenged.
[24:03.340 --> 24:06.340]  If you have a statute, if Olivia had,
[24:06.340 --> 24:09.340]  you have a situation where they have executed
[24:09.340 --> 24:12.340]  a law in a way that interfered
[24:12.340 --> 24:15.340]  with a constitutional right, you go to the federal court
[24:15.340 --> 24:18.340]  and ask the court
[24:18.340 --> 24:21.340]  to rule on the rights of the parties.
[24:21.340 --> 24:24.340]  The federal court to rule that no, they can't do this.
[24:24.340 --> 24:27.340]  They can't enforce that statute that way.
[24:27.340 --> 24:30.340]  That's a done deal. It is over.
[24:30.340 --> 24:33.340]  Now you come back and do your regular civil suit
[24:33.340 --> 24:36.340]  and you've already won
[24:36.340 --> 24:39.340]  the suit.
[24:39.340 --> 24:42.340]  Well, Olivia.
[24:42.340 --> 24:45.340]  May I ask, did you
[24:45.340 --> 24:48.340]  or when you went to the feds
[24:48.340 --> 24:51.340]  did you address
[24:51.340 --> 24:54.340]  which statute was overbroad, which one was vague?
[24:54.340 --> 24:57.340]  Are you bringing to the feds
[24:57.340 --> 25:00.340]  the federal transportation stuff?
[25:00.340 --> 25:03.340]  Because this is about driver's license, right?
[25:03.340 --> 25:06.340]  No, right.
[25:06.340 --> 25:09.340]  Did you bring them the federal and say, hey, the states have applied
[25:09.340 --> 25:12.340]  the federal transportation stuff improperly
[25:12.340 --> 25:15.340]  or did you bring them the Tennessee stuff
[25:15.340 --> 25:18.340]  and say they've been vague about that?
[25:18.340 --> 25:21.340]  Yeah.
[25:21.340 --> 25:24.340]  You would bring the state
[25:24.340 --> 25:27.340]  regulations to the feds
[25:27.340 --> 25:30.340]  because the feds
[25:30.340 --> 25:33.340]  the traffic act
[25:33.340 --> 25:36.340]  is written well.
[25:36.340 --> 25:39.340]  It's just not applied well.
[25:39.340 --> 25:42.340]  So there's no reason to go attacking
[25:42.340 --> 25:45.340]  or bringing the state regulations
[25:45.340 --> 25:48.340]  into question because the state
[25:48.340 --> 25:51.340]  the federal regulation in question
[25:51.340 --> 25:54.340]  because the federal regulation
[25:54.340 --> 25:57.340]  is written pretty clear.
[25:57.340 --> 26:00.340]  Okay, hold on. Hold on. I think before you go
[26:00.340 --> 26:03.340]  and Brett is can you
[26:03.340 --> 26:06.340]  bring a state law
[26:06.340 --> 26:09.340]  that's improperly written
[26:09.340 --> 26:12.340]  improperly applied into the fed?
[26:12.340 --> 26:15.340]  Absolutely.
[26:15.340 --> 26:18.340]  If the state law is
[26:18.340 --> 26:21.340]  vague to the point
[26:21.340 --> 26:24.340]  that you can't be sure when you're in violation
[26:24.340 --> 26:27.340]  when you're not, that's a constitutional
[26:27.340 --> 26:30.340]  federal constitutional protection.
[26:30.340 --> 26:33.340]  When the states write their law,
[26:33.340 --> 26:36.340]  they must write those laws so that they do not
[26:36.340 --> 26:39.340]  violate a federal constitutional right.
[26:39.340 --> 26:42.340]  So you can always bring them to the fed.
[26:42.340 --> 26:45.340]  And follow the process also.
[26:45.340 --> 26:48.340]  Go ahead.
[26:48.340 --> 26:51.340]  And follow the due process that's necessary.
[26:51.340 --> 26:54.340]  Yeah, and the feds don't
[26:54.340 --> 26:57.340]  have a dog in that hunt.
[26:57.340 --> 27:00.340]  Like the state would. The state would have
[27:00.340 --> 27:03.340]  an invested interest
[27:03.340 --> 27:06.340]  in bringing their application of the statutes.
[27:06.340 --> 27:09.340]  Misapplication as the case may be.
[27:09.340 --> 27:12.340]  Yes, so the fed is a much better place to do it.
[27:12.340 --> 27:15.340]  Okay, we need to move on.
[27:15.340 --> 27:18.340]  We've got more callers.
[27:18.340 --> 27:21.340]  Thank you, Olivier. And don't be a stranger.
[27:21.340 --> 27:24.340]  Can you send me the
[27:24.340 --> 27:27.340]  case law that you have? I'd like to go through it.
[27:27.340 --> 27:30.340]  Okay. Thank you.
[27:30.340 --> 27:33.340]  Okay, now we're going to
[27:33.340 --> 27:36.340]  Josh in Pennsylvania. Hello, Josh.
[27:36.340 --> 27:39.340]  Hello, Andy. How are you this evening?
[27:39.340 --> 27:42.340]  I am good. How is your case going?
[27:42.340 --> 27:45.340]  We got a
[27:45.340 --> 27:48.340]  reset the calendar
[27:48.340 --> 27:51.340]  and they pushed it all the way out into August.
[27:51.340 --> 27:54.340]  Okay, remind everybody
[27:54.340 --> 27:57.340]  this is the one about your grandson, correct?
[27:57.340 --> 28:00.340]  No, no, no.
[28:00.340 --> 28:03.340]  I was a guy that was sleeping
[28:03.340 --> 28:06.340]  in his van and got a DUI.
[28:06.340 --> 28:09.340]  Oh, okay.
[28:09.340 --> 28:12.340]  So you were driving while you were sleep
[28:12.340 --> 28:15.340]  and drunk? Well,
[28:15.340 --> 28:18.340]  I had, allegedly, had physical control.
[28:18.340 --> 28:21.340]  You were dreaming about driving?
[28:21.340 --> 28:24.340]  Yes, very, very good.
[28:24.340 --> 28:27.340]  I was dreaming about traveling.
[28:27.340 --> 28:30.340]  We've got to be careful with the terminology we use.
[28:30.340 --> 28:33.340]  Eddie would yell at us.
[28:33.340 --> 28:36.340]  Okay, okay, now we're back to
[28:36.340 --> 28:39.340]  where we were. You actually
[28:39.340 --> 28:42.340]  had a couple drinks and you were sleeping off.
[28:42.340 --> 28:45.340]  You didn't want to drive home because of that.
[28:45.340 --> 28:48.340]  So you just laid down in the car and went to sleep
[28:48.340 --> 28:51.340]  and they wound up a rescue for DUI.
[28:51.340 --> 28:54.340]  Correct. In the fight zone.
[28:54.340 --> 28:57.340]  Yes, they cuffed me and took me up to the hospital,
[28:57.340 --> 29:00.340]  drew blood, the whole nine yards.
[29:00.340 --> 29:03.340]  So, yeah, after Wood had
[29:03.340 --> 29:06.340]  transpired the other week,
[29:06.340 --> 29:09.340]  instead of giving me a week's continuance, they turned it into
[29:09.340 --> 29:12.340]  like almost three months.
[29:12.340 --> 29:15.340]  Now, we were already
[29:15.340 --> 29:18.340]  going to turn down the plea deal
[29:18.340 --> 29:21.340]  and put it together, fixing up our,
[29:21.340 --> 29:24.340]  we're going to amend the subject matter jurisdiction
[29:24.340 --> 29:27.340]  challenge and we kind of wanted to annoy them a little
[29:27.340 --> 29:30.340]  further with some other stuff.
[29:30.340 --> 29:33.340]  So we were already thinking about the speedy trial issue
[29:33.340 --> 29:36.340]  because this has been over almost a year now.
[29:36.340 --> 29:39.340]  This has been hanging over my head.
[29:39.340 --> 29:42.340]  They only really started to get to me a few months ago.
[29:42.340 --> 29:45.340]  So we put together
[29:45.340 --> 29:48.340]  other motions of this.
[29:48.340 --> 29:51.340]  Hang on, we're about to go to our sponsors.
[29:51.340 --> 29:54.340]  Randy Kelton, Brett Fountain, Rudolal Radio.
[29:54.340 --> 29:57.340]  Call in number 512-646-1984.
[29:57.340 --> 30:00.340]  We'll be right back.
[30:00.340 --> 30:03.340]  Everyone knows that walking is great exercise,
[30:03.340 --> 30:06.340]  but you might not know that the way you walk
[30:06.340 --> 30:09.340]  could predict how long you're going to live.
[30:09.340 --> 30:12.340]  I'm Dr. Katherine Albright and I'll be back to tell you more
[30:12.340 --> 30:15.340]  about your justification in just a moment.
[30:42.340 --> 30:45.340]  New research shows how fast you walk
[30:45.340 --> 30:48.340]  could predict how long you're going to live.
[30:48.340 --> 30:51.340]  The Journal of the American Medical Association reports
[30:51.340 --> 30:54.340]  that older adults who walk one meter per second or faster
[30:54.340 --> 30:56.340]  live longer than expected.
[30:56.340 --> 30:59.340]  In case you're wondering, one meter per second is about
[30:59.340 --> 31:01.340]  two and a quarter miles per hour.
[31:01.340 --> 31:03.340]  A senior's age, gender and walking speed
[31:03.340 --> 31:05.340]  were as good at predicting life expectancy
[31:05.340 --> 31:08.340]  as more traditional statistical measures.
[31:08.340 --> 31:11.340]  Generally speaking, faster walkers live longer.
[31:11.340 --> 31:14.340]  As quick and inexpensive, it only takes a stopwatch,
[31:14.340 --> 31:16.340]  some space to walk in a few minutes.
[31:16.340 --> 31:18.340]  Researchers say it could help doctors
[31:18.340 --> 31:21.340]  identify older patients who need special care.
[31:21.340 --> 31:23.340]  I'm Dr. Katherine Albright.
[31:23.340 --> 31:26.340]  More news and information at KatherineAlbright.com.
[31:30.340 --> 31:31.340]  I lost my son.
[31:31.340 --> 31:32.340]  My uncle.
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[31:33.340 --> 31:35.340]  On September 11, 2001.
[31:35.340 --> 31:38.340]  Most people don't know that a third tower fell on September 11.
[31:38.340 --> 31:41.340]  World Trade Center 7, a 47-story skyscraper,
[31:41.340 --> 31:42.340]  was not hit by a plane.
[31:42.340 --> 31:44.340]  Although the official explanation
[31:44.340 --> 31:46.340]  is that fire brought down Building 7,
[31:46.340 --> 31:49.340]  over 1,200 architects and engineers
[31:49.340 --> 31:50.340]  have looked into the evidence
[31:50.340 --> 31:52.340]  and believed there is more to the story.
[31:52.340 --> 31:53.340]  Bring justice to my son.
[31:53.340 --> 31:54.340]  My uncle.
[31:54.340 --> 31:55.340]  My nephew.
[31:55.340 --> 31:56.340]  My son.
[31:56.340 --> 31:57.340]  Go to buildingwhat.org.
[31:57.340 --> 32:00.340]  Why it fell, why it matters, and what you can do.
[32:00.340 --> 32:03.340]  Logos Radio Network welcomes a new show
[32:03.340 --> 32:05.340]  to our lineup for the new year.
[32:05.340 --> 32:09.340]  Scripture Talk with Nana will begin Wednesday, January 8th,
[32:09.340 --> 32:11.340]  from 8 to 10 p.m. Central Time.
[32:11.340 --> 32:14.340]  Our goal is in accord with Matthew 516.
[32:14.340 --> 32:16.340]  Let your light so shine before men
[32:16.340 --> 32:18.340]  that they may see your good works
[32:18.340 --> 32:21.340]  and glorify your Father which is in heaven.
[32:21.340 --> 32:23.340]  We wish to reflect God's light
[32:23.340 --> 32:26.340]  and be a blessing to all those with a hearing ear.
[32:26.340 --> 32:28.340]  Join Nana and guests for both
[32:28.340 --> 32:29.340]  verse by verse Bible studies
[32:29.340 --> 32:31.340]  and topical Bible studies
[32:31.340 --> 32:34.340]  designed to provoke unto love and good works.
[32:34.340 --> 32:36.340]  Our verse by verse Bible studies
[32:36.340 --> 32:38.340]  will begin in the book of Matthew
[32:38.340 --> 32:40.340]  where we will discuss one chapter per week.
[32:40.340 --> 32:42.340]  Our topical Bible studies
[32:42.340 --> 32:43.340]  will vary each week
[32:43.340 --> 32:45.340]  and will explore sound doctrine
[32:45.340 --> 32:48.340]  as well as Christian character development.
[32:48.340 --> 32:49.340]  So mark your calendar
[32:49.340 --> 32:52.340]  and join us live on LogosRadioNetwork.com
[32:52.340 --> 32:54.340]  Wednesdays from 8 to 10 p.m.
[32:54.340 --> 32:56.340]  starting January 8th
[32:56.340 --> 32:58.340]  for an inspiring and motivating
[32:58.340 --> 33:00.340]  discussion of the Scriptures.
[33:00.340 --> 33:03.340]  Live Free Speech Radio
[33:03.340 --> 33:06.340]  LogosRadioNetwork.com
[33:13.340 --> 33:15.340]  Okay, we are back.
[33:15.340 --> 33:17.340]  Randy Kelton, Brett Fountain,
[33:17.340 --> 33:19.340]  rule of law radio on this Friday,
[33:19.340 --> 33:24.340]  the 29th day of May 2020.
[33:24.340 --> 33:30.340]  And we're talking to Josh in Pennsylvania.
[33:30.340 --> 33:31.340]  Yes.
[33:31.340 --> 33:33.340]  Okay, go ahead Josh.
[33:33.340 --> 33:35.340]  Yeah, I emailed you last night
[33:35.340 --> 33:36.340]  the two motions
[33:36.340 --> 33:37.340]  but I guess I can just
[33:37.340 --> 33:39.340]  summarize them a little bit here.
[33:39.340 --> 33:42.340]  I titled one of them
[33:42.340 --> 33:44.340]  Motion to Dismiss
[33:44.340 --> 33:46.340]  Complaint, Fresh, and Diamond
[33:46.340 --> 33:48.340]  based on Commonwealth's
[33:48.340 --> 33:51.340]  infringement of my fourth, fifth,
[33:51.340 --> 33:54.340]  and fourteenth amendments to the Constitution.
[33:57.340 --> 33:58.340]  In my experience,
[33:58.340 --> 34:01.340]  judges hate constitutional challenges
[34:01.340 --> 34:03.340]  so I figured I'd annoy him a little bit
[34:03.340 --> 34:05.340]  with a few of them.
[34:05.340 --> 34:07.340]  The first one I asserted in that one
[34:07.340 --> 34:09.340]  was Entrapment.
[34:09.340 --> 34:11.340]  And if you read the police report
[34:11.340 --> 34:13.340]  and listen to the audio,
[34:13.340 --> 34:14.340]  you basically said that
[34:14.340 --> 34:17.340]  he was observing me there for hours.
[34:17.340 --> 34:20.340]  And it was convenient
[34:20.340 --> 34:23.340]  that he initiated the interaction
[34:23.340 --> 34:25.340]  a couple hours before his shift ended.
[34:25.340 --> 34:27.340]  I think he was just sitting there
[34:27.340 --> 34:29.340]  waiting, hoping I would, you know,
[34:29.340 --> 34:31.340]  drive away.
[34:31.340 --> 34:34.340]  So I challenged that.
[34:34.340 --> 34:38.340]  I also put in the due process rights,
[34:38.340 --> 34:43.340]  violations of the magistrate at the hearing.
[34:43.340 --> 34:46.340]  What else do I got here?
[34:46.340 --> 34:51.340]  I put in the collusion
[34:51.340 --> 34:53.340]  over the bench warrant between
[34:53.340 --> 34:56.340]  the district attorney and the magistrate.
[34:56.340 --> 34:59.340]  What else do I got?
[34:59.340 --> 35:03.340]  I also stated that
[35:03.340 --> 35:06.340]  the district attorney's office
[35:06.340 --> 35:09.340]  didn't advise me of any of the things
[35:09.340 --> 35:12.340]  that would have exonerated me
[35:12.340 --> 35:15.340]  notably the probable cause issues.
[35:15.340 --> 35:17.340]  You know, I was never
[35:17.340 --> 35:19.340]  randomized in all those things
[35:19.340 --> 35:21.340]  and I cited some rules
[35:21.340 --> 35:24.340]  of professional conduct under that.
[35:24.340 --> 35:27.340]  Also, I touched on
[35:27.340 --> 35:30.340]  how they denied me counsel.
[35:30.340 --> 35:33.340]  I asserted that the district attorney's office
[35:33.340 --> 35:37.340]  prejudiced me with the public defender's office,
[35:37.340 --> 35:40.340]  you know, denying me counsel.
[35:40.340 --> 35:42.340]  And I see what other good stuff
[35:42.340 --> 35:45.340]  they had there.
[35:45.340 --> 35:48.340]  I also said that they ignored
[35:48.340 --> 35:51.340]  the court's order for my second
[35:51.340 --> 35:53.340]  request for discovery.
[35:53.340 --> 35:55.340]  And I'm like that.
[35:55.340 --> 35:57.340]  And, you know, asked for, you know,
[35:57.340 --> 35:59.340]  the charges to be dismissed based on those things
[35:59.340 --> 36:01.340]  and any other release to court themes.
[36:01.340 --> 36:03.340]  Hold on, hold on.
[36:03.340 --> 36:06.340]  Have you read the Michael Morton Act
[36:06.340 --> 36:10.340]  3917 Code of Criminal Procedure?
[36:10.340 --> 36:13.340]  Wait a minute, that's not right.
[36:13.340 --> 36:15.340]  What is it about?
[36:15.340 --> 36:18.340]  That would be in Texas.
[36:18.340 --> 36:20.340]  That would be in Texas, though.
[36:20.340 --> 36:22.340]  Yeah, 3917.
[36:22.340 --> 36:24.340]  It's a penal code.
[36:24.340 --> 36:27.340]  Yeah, but he's not in Texas, though, right?
[36:27.340 --> 36:30.340]  Oh, that's right, you're in Pennsylvania.
[36:30.340 --> 36:32.340]  Oh, bummer.
[36:32.340 --> 36:34.340]  Because in Texas,
[36:34.340 --> 36:36.340]  the Michael Morton Act says, Michael Morton
[36:36.340 --> 36:38.340]  is a guy that they improperly imprisoned
[36:38.340 --> 36:40.340]  for 20 years out of Williamson County,
[36:40.340 --> 36:42.340]  and the prosecutor had exculpatory evidence
[36:42.340 --> 36:45.340]  and didn't produce it.
[36:45.340 --> 36:48.340]  It says that if the prosecutor fails
[36:48.340 --> 36:51.340]  to produce discovery at least 20 days,
[36:51.340 --> 36:54.340]  the prosecutor shall produce all discovery
[36:54.340 --> 36:57.340]  at least 20 days before trial.
[36:57.340 --> 36:59.340]  I was in a municipal court
[36:59.340 --> 37:01.340]  and told the judge that I had asked for discovery
[37:01.340 --> 37:03.340]  and I didn't get it.
[37:03.340 --> 37:05.340]  Here I am with the day of the trial,
[37:05.340 --> 37:07.340]  and the Michael Morton Act says
[37:07.340 --> 37:10.340]  that the prosecutor shall produce
[37:10.340 --> 37:13.340]  discovery at least 20 days before trial,
[37:13.340 --> 37:15.340]  and the prosecutor didn't,
[37:15.340 --> 37:17.340]  so he failed to perform a duty he was required to perform
[37:17.340 --> 37:19.340]  in the process, denied me full free access
[37:19.340 --> 37:22.340]  to her enjoyment of right.
[37:22.340 --> 37:25.340]  Your Honor, I want you to arrest that prosecutor.
[37:25.340 --> 37:28.340]  You were there when I did that, Brett.
[37:28.340 --> 37:30.340]  Remember that?
[37:30.340 --> 37:33.340]  Yeah, I saw his face go white.
[37:33.340 --> 37:36.340]  Oh, that was funny.
[37:36.340 --> 37:39.340]  And then he showed that I had
[37:39.340 --> 37:43.340]  forgot to send him the discovery.
[37:43.340 --> 37:46.340]  And I came back and I stepped up to the court
[37:46.340 --> 37:49.340]  and I said, Your Honor,
[37:49.340 --> 37:52.340]  I stand shame-faced before the court.
[37:52.340 --> 37:55.340]  I made a mistake.
[37:55.340 --> 37:58.340]  Anyway, okay, go ahead, Josh.
[37:58.340 --> 38:01.340]  I checked the discovery rules.
[38:01.340 --> 38:04.340]  If the rules say the prosecutor
[38:04.340 --> 38:07.340]  shall do something and he doesn't do it,
[38:07.340 --> 38:10.340]  that's official misconduct.
[38:10.340 --> 38:13.340]  That's Class A misdemeanor.
[38:13.340 --> 38:15.340]  Gotcha.
[38:15.340 --> 38:17.340]  Yeah, I think we found pretty much everything
[38:17.340 --> 38:19.340]  we could on that line.
[38:19.340 --> 38:22.340]  We thought you'd enjoy that one
[38:22.340 --> 38:25.340]  and also the speedy trial one,
[38:25.340 --> 38:28.340]  because we've done a few things there.
[38:28.340 --> 38:33.340]  Obviously, the right to a speedy trial
[38:33.340 --> 38:37.340]  and the sixth amendment.
[38:37.340 --> 38:41.340]  But we also put in some pretty good verbiage
[38:41.340 --> 38:45.340]  that all of this was intended to
[38:45.340 --> 38:49.340]  pressure me into taking a plea
[38:49.340 --> 38:53.340]  to a lesser charge that I didn't even commit either.
[38:53.340 --> 38:57.340]  So we kind of weaved that into the reasoning
[38:57.340 --> 39:00.340]  behind why they're taking so long.
[39:00.340 --> 39:03.340]  Just to wear me down.
[39:03.340 --> 39:06.340]  And the other thing we pulled up to
[39:06.340 --> 39:09.340]  was recently with all this coronavirus stuff,
[39:09.340 --> 39:12.340]  we challenged the constitutionality
[39:12.340 --> 39:15.340]  of that executive order
[39:15.340 --> 39:19.340]  to allow things to drag on.
[39:19.340 --> 39:22.340]  We said that it's unconstitutional.
[39:22.340 --> 39:25.340]  In other words, even leaving aside
[39:25.340 --> 39:28.340]  the fact that it's over the year,
[39:28.340 --> 39:31.340]  don't try and hang your hat on any of these rules,
[39:31.340 --> 39:34.340]  because my right to a speedy trial
[39:34.340 --> 39:38.340]  jumps any executive orders that could come out.
[39:38.340 --> 39:40.340]  So we hit them all pretty good
[39:40.340 --> 39:42.340]  with two other separate motions.
[39:42.340 --> 39:45.340]  I just was wondering if you could just take a look
[39:45.340 --> 39:47.340]  at it to keep it if you get a chance
[39:47.340 --> 39:49.340]  and if there's any eyes that I can dodge
[39:49.340 --> 39:51.340]  or keys I can cross.
[39:51.340 --> 39:54.340]  Did you send that to me?
[39:54.340 --> 39:56.340]  Yes.
[39:56.340 --> 39:59.340]  I thought I remembered getting an e-mail for me
[39:59.340 --> 40:02.340]  but I've been kind of deep in computer crisis
[40:02.340 --> 40:04.340]  in the last couple of days,
[40:04.340 --> 40:06.340]  so I haven't been able to get to it,
[40:06.340 --> 40:08.340]  but I'll try to get through that over the weekend.
[40:08.340 --> 40:11.340]  Sounds like you're having a lot of fun with these guys.
[40:11.340 --> 40:14.340]  Well, and that brings me to what I wanted to really talk about
[40:14.340 --> 40:17.340]  was the cause of action
[40:17.340 --> 40:20.340]  that I can bring against the individuals
[40:20.340 --> 40:23.340]  that perpetrated all these injustices
[40:23.340 --> 40:26.340]  and their governmental agencies,
[40:26.340 --> 40:29.340]  specifically the municipality that employed the cop
[40:29.340 --> 40:33.340]  and the county that, you know,
[40:33.340 --> 40:36.340]  the county itself for the things that were done
[40:36.340 --> 40:39.340]  with the district attorney's office and the magistrate.
[40:39.340 --> 40:41.340]  Those federal suits,
[40:41.340 --> 40:44.340]  it seems to be what I'm gathering,
[40:44.340 --> 40:46.340]  but if you could enlighten me a little bit
[40:46.340 --> 40:50.340]  on how I start to go after these people civilly.
[40:50.340 --> 40:53.340]  Okay, 42 U.S. Code 1983,
[40:53.340 --> 40:56.340]  that's your trump card.
[40:56.340 --> 40:59.340]  It's essentially a catch-all.
[40:59.340 --> 41:02.340]  42 U.S. Code 1983
[41:02.340 --> 41:05.340]  is the second half of the Ku Klux Klan Act
[41:05.340 --> 41:08.340]  passed in 1871.
[41:08.340 --> 41:13.340]  First half of the Ku Klux Klan Act
[41:13.340 --> 41:19.340]  has been codified into 18 U.S. Code 242.
[41:19.340 --> 41:23.340]  42 U.S. Code 1983
[41:23.340 --> 41:27.340]  gives you the right to sue a public official
[41:27.340 --> 41:31.340]  for the denial of a constitutional right of privilege.
[41:31.340 --> 41:35.340]  18 U.S. Code 242
[41:35.340 --> 41:38.340]  makes it a crime for those public officials
[41:38.340 --> 41:43.340]  to do those things for which 42 allows you to sue them.
[41:43.340 --> 41:47.340]  And it's always my suggestion
[41:47.340 --> 41:52.340]  that you go for the criminal part first.
[41:52.340 --> 41:57.340]  You take criminal charges against these individuals
[41:57.340 --> 42:01.340]  to the special agent charge of the FBI.
[42:01.340 --> 42:05.340]  Now, criminal and civil are separate.
[42:05.340 --> 42:08.340]  In a criminal prosecution,
[42:08.340 --> 42:10.340]  you are only a witness.
[42:10.340 --> 42:12.340]  You have no standing.
[42:12.340 --> 42:14.340]  Now, you're in Pennsylvania,
[42:14.340 --> 42:17.340]  so you do have special standing in one regard,
[42:17.340 --> 42:20.340]  and that's in regard to the criminal complaints
[42:20.340 --> 42:22.340]  that you have filed.
[42:22.340 --> 42:25.340]  State level only, though, right?
[42:25.340 --> 42:27.340]  Wait, say that again?
[42:27.340 --> 42:29.340]  State level only, right?
[42:29.340 --> 42:31.340]  Yes, yes.
[42:31.340 --> 42:33.340]  And because in the State of Pennsylvania,
[42:33.340 --> 42:36.340]  you don't have access to a grand jury.
[42:36.340 --> 42:38.340]  Only the prosecutor and a district judge
[42:38.340 --> 42:40.340]  can access a grand jury.
[42:40.340 --> 42:42.340]  So to make up for that,
[42:42.340 --> 42:47.340]  if you file a complaint with a public official,
[42:47.340 --> 42:50.340]  you're required to file it with a district attorney
[42:50.340 --> 42:53.340]  and the prosecuting attorney
[42:53.340 --> 42:55.340]  who have a reason for jurisdiction.
[42:55.340 --> 42:58.340]  And that prosecutor has first blush.
[42:58.340 --> 43:02.340]  He can determine whether or not he has reason to believe
[43:02.340 --> 43:04.340]  that a crime has been committed
[43:04.340 --> 43:06.340]  and the accused committed that crime.
[43:06.340 --> 43:11.340]  And what I allege is he has prosecutorial discretion,
[43:11.340 --> 43:14.340]  not prosecutorial caprice.
[43:14.340 --> 43:17.340]  He can decide if he has reason to believe
[43:17.340 --> 43:19.340]  there's sufficient evidence.
[43:19.340 --> 43:23.340]  He doesn't have the caprice to decide
[43:23.340 --> 43:25.340]  who he wants to prosecute
[43:25.340 --> 43:27.340]  and who he does not.
[43:27.340 --> 43:30.340]  That's an act of official misconduct.
[43:30.340 --> 43:36.340]  And that's a predicate act toward an ongoing criminal conspiracy
[43:36.340 --> 43:38.340]  that you can show
[43:38.340 --> 43:41.340]  that acts in concert inclusion with other public officials
[43:41.340 --> 43:44.340]  that'll get you into a Rico suit in the Fed.
[43:44.340 --> 43:45.340]  Hang on.
[43:45.340 --> 43:47.340]  Randy Kelton, Brett Fountain,
[43:47.340 --> 43:49.340]  Rue de la Radio,
[43:49.340 --> 43:51.340]  we'll be right back.
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[46:01.340 --> 46:27.340]  Okay, we are back. Randy Kelton, Brett Fountain,
[46:27.340 --> 46:32.340]  Rural Radio, and we're talking to Josh in Pennsylvania,
[46:32.340 --> 46:35.340]  and you're in a really good place
[46:35.340 --> 46:42.340]  because you have what are clearly constitutional claims.
[46:42.340 --> 46:44.340]  They made you an exceptionally good deal,
[46:44.340 --> 46:47.340]  or what they thought was an exceptionally good deal,
[46:47.340 --> 46:50.340]  because it seemed clear to me that they wanted you
[46:50.340 --> 46:53.340]  to go away and quit beating them up
[46:53.340 --> 46:57.340]  because they could see trouble coming.
[46:57.340 --> 47:00.340]  And now you're in a position,
[47:00.340 --> 47:03.340]  a very good chance they will dismiss this thing
[47:03.340 --> 47:05.340]  before it ever gets to court
[47:05.340 --> 47:08.340]  because the last thing they're going to want
[47:08.340 --> 47:11.340]  is for a jury rule against them.
[47:11.340 --> 47:16.340]  And that makes your federal suit almost dead bang.
[47:16.340 --> 47:19.340]  So they want to be able to say that they dismissed it,
[47:19.340 --> 47:22.340]  that you didn't get acquitted.
[47:22.340 --> 47:28.340]  However, Ku Klux Klanak, very powerful,
[47:28.340 --> 47:30.340]  and what makes it even more powerful
[47:30.340 --> 47:34.340]  if you can go in and claim RICO.
[47:34.340 --> 47:38.340]  It is unreasonable to believe
[47:38.340 --> 47:45.340]  that you were somehow singled out for special persecution.
[47:45.340 --> 47:49.340]  That means you have good reason to believe
[47:49.340 --> 47:54.340]  that this arrest of you for sleeping in your vehicle
[47:54.340 --> 47:57.340]  was a predicate act in furtherance
[47:57.340 --> 48:00.340]  of an ongoing criminal conspiracy
[48:00.340 --> 48:04.340]  to charge otherwise innocent people with DUI
[48:04.340 --> 48:12.340]  so they could force a deal and get large fines.
[48:12.340 --> 48:14.340]  Maybe true, may not be true.
[48:14.340 --> 48:20.340]  But a RICO suit, we had a federal judge in Oklahoma
[48:20.340 --> 48:23.340]  tell us once that filing a RICO suit
[48:23.340 --> 48:27.340]  is like dropping a bomb on a jurisdiction.
[48:27.340 --> 48:30.340]  They said dropping an atomic bomb on a jurisdiction.
[48:30.340 --> 48:32.340]  It really makes them crazy.
[48:32.340 --> 48:36.340]  So you're in a good position, Josh.
[48:36.340 --> 48:40.340]  Well, I do want to make them pay for it.
[48:40.340 --> 48:43.340]  I may have embellished slightly some of the things,
[48:43.340 --> 48:45.340]  but for the most part, you know,
[48:45.340 --> 48:48.340]  I know I was turned down on job applications.
[48:48.340 --> 48:50.340]  I had really good interviews.
[48:50.340 --> 48:51.340]  They went and did background checks.
[48:51.340 --> 48:53.340]  I'm sure they saw the...
[48:53.340 --> 48:56.340]  The last thing they wanted is a drunk
[48:56.340 --> 48:58.340]  on their construction crew.
[48:58.340 --> 48:59.340]  Exactly.
[48:59.340 --> 49:01.340]  So that's good.
[49:01.340 --> 49:06.340]  You get to claim the loss of the benefit of the bargain.
[49:06.340 --> 49:08.340]  But mainly you will be able...
[49:08.340 --> 49:11.340]  You need to look at the record
[49:11.340 --> 49:15.340]  and see if you can find any other cases
[49:15.340 --> 49:19.340]  where someone has been charged for DUI
[49:19.340 --> 49:24.340]  while sleeping in their vehicle.
[49:24.340 --> 49:26.340]  This can't be the first time
[49:26.340 --> 49:31.340]  if this policeman felt comfortable in arresting you
[49:31.340 --> 49:34.340]  while you were clearly just sleeping in the vehicle.
[49:34.340 --> 49:37.340]  This is not the first time.
[49:37.340 --> 49:40.340]  They've had others do this.
[49:40.340 --> 49:43.340]  And you only need two instances,
[49:43.340 --> 49:46.340]  and that gets you rico.
[49:46.340 --> 49:49.340]  So he's been sitting there watching you for hours,
[49:49.340 --> 49:52.340]  like hoping you would start it up and drive off?
[49:52.340 --> 49:53.340]  Yes.
[49:53.340 --> 49:55.340]  I mean, that's the connotation.
[49:55.340 --> 49:58.340]  I mean, he basically put it in his police report
[49:58.340 --> 50:00.340]  that he came on his shift,
[50:00.340 --> 50:03.340]  observed me, you know, at 10,
[50:03.340 --> 50:06.340]  and kept noticing me as he did his rounds.
[50:06.340 --> 50:09.340]  And again, it was awfully convenient
[50:09.340 --> 50:12.340]  that he allotted two hours at the end of his shift
[50:12.340 --> 50:15.340]  to deal with me.
[50:15.340 --> 50:18.340]  And in this particular town,
[50:18.340 --> 50:20.340]  they'd gotten a little better with it,
[50:20.340 --> 50:22.340]  but when I first moved here,
[50:22.340 --> 50:25.340]  they literally would sit at one particular location
[50:25.340 --> 50:27.340]  where they could see three bars.
[50:27.340 --> 50:30.340]  And as soon as last call happened,
[50:30.340 --> 50:32.340]  they'd start circling.
[50:32.340 --> 50:34.340]  You know, that was a joke amongst all of us.
[50:34.340 --> 50:36.340]  You know, I'm going to hang out at your house
[50:36.340 --> 50:38.340]  until they settle down type thing.
[50:38.340 --> 50:42.340]  You know, they have a history of hunting the bars
[50:42.340 --> 50:44.340]  in the area.
[50:44.340 --> 50:46.340]  They hadn't been quite so much.
[50:46.340 --> 50:48.340]  And this is a young guy.
[50:48.340 --> 50:50.340]  I think it was his first year.
[50:50.340 --> 50:53.340]  I had never seen him before.
[50:53.340 --> 50:55.340]  It was always small town.
[50:55.340 --> 50:57.340]  It was mainly like five or six cops.
[50:57.340 --> 50:59.340]  So you pretty much know everybody.
[50:59.340 --> 51:01.340]  But yeah, this young guy,
[51:01.340 --> 51:04.340]  in F3, some of my other friends
[51:04.340 --> 51:06.340]  had had interactions with him.
[51:06.340 --> 51:08.340]  He's a cop or something.
[51:08.340 --> 51:10.340]  He's a super cop.
[51:10.340 --> 51:12.340]  If there's nothing there, he's going to...
[51:12.340 --> 51:14.340]  Barney Fyfe comes to mind.
[51:14.340 --> 51:17.340]  Well, yeah.
[51:17.340 --> 51:20.340]  I mean, I'm not even going to get into it,
[51:20.340 --> 51:22.340]  but yeah, he's that guy.
[51:22.340 --> 51:27.340]  And I would like to press the issue
[51:27.340 --> 51:30.340]  with the municipality
[51:30.340 --> 51:32.340]  to put pressure on them.
[51:32.340 --> 51:36.340]  And just to get these guys,
[51:36.340 --> 51:40.340]  the message to leave us alone.
[51:40.340 --> 51:43.340]  And they get people around here.
[51:43.340 --> 51:45.340]  They'll go on these waves
[51:45.340 --> 51:47.340]  where if you're driving at night,
[51:47.340 --> 51:49.340]  you're getting pulled over.
[51:49.340 --> 51:52.340]  Just because it's late at night.
[51:52.340 --> 51:55.340]  It's pretty obvious.
[51:55.340 --> 51:57.340]  They'll go through waves of it
[51:57.340 --> 52:00.340]  where everybody's getting pulled over at night.
[52:00.340 --> 52:03.340]  It sits around one, two o'clock in the morning.
[52:03.340 --> 52:05.340]  You're just pulling down the road.
[52:05.340 --> 52:07.340]  Lights are going to come on
[52:07.340 --> 52:09.340]  and they're going to start sniffing around.
[52:09.340 --> 52:12.340]  So they do that.
[52:12.340 --> 52:18.340]  And I really do want to make a difference with it,
[52:18.340 --> 52:20.340]  but I have been damaged
[52:20.340 --> 52:22.340]  and I do want compensated for it.
[52:22.340 --> 52:26.340]  I mean, that really did mess my life up.
[52:26.340 --> 52:30.340]  And this COVID stuff kind of covered it a little bit.
[52:30.340 --> 52:35.340]  We've got good extra $600 a week
[52:35.340 --> 52:38.340]  on top of unemployment and stuff like that.
[52:38.340 --> 52:40.340]  So it wasn't too terrible.
[52:40.340 --> 52:42.340]  But I can't even really apply for jobs.
[52:42.340 --> 52:45.340]  I don't even bother anymore.
[52:45.340 --> 52:47.340]  It's a tough enough job market
[52:47.340 --> 52:50.340]  to go in at the level that I look at
[52:50.340 --> 52:52.340]  to begin with.
[52:52.340 --> 52:54.340]  With background checks these days,
[52:54.340 --> 52:57.340]  I don't bother anymore right now until this goes away.
[52:57.340 --> 53:01.340]  So that may not be legitimate.
[53:01.340 --> 53:04.340]  But okay, now I tried to file those criminal charges
[53:04.340 --> 53:07.340]  and I wound up them not taking them
[53:07.340 --> 53:11.340]  and I do have everything with the FBI that's sitting there.
[53:11.340 --> 53:16.340]  So are you saying that until something happens with that,
[53:16.340 --> 53:20.340]  I just stay away from filing any of these civil actions?
[53:20.340 --> 53:24.340]  Well, send a letter to the special agent charge
[53:24.340 --> 53:28.340]  and ask him what action he has taken on your criminal complaints
[53:28.340 --> 53:33.340]  and when will they be presented to a grand jury?
[53:33.340 --> 53:35.340]  Okay, so give him one more opportunity.
[53:35.340 --> 53:37.340]  We played some calls.
[53:37.340 --> 53:40.340]  Okay, understand the distinction here.
[53:40.340 --> 53:47.340]  You did not send a voluntary statement to the FBI.
[53:47.340 --> 53:51.340]  You sent a verified criminal affidavit.
[53:51.340 --> 53:52.340]  Correct.
[53:52.340 --> 53:55.340]  You gave notice that a crime has been committed.
[53:55.340 --> 53:58.340]  You did not ask him for his opinion.
[53:58.340 --> 54:02.340]  He is not a judicial officer.
[54:02.340 --> 54:06.340]  You gave notice to the court through this officer.
[54:06.340 --> 54:10.340]  By verified criminal affidavit, he has a duty to move it along.
[54:10.340 --> 54:14.340]  He doesn't have any more authority
[54:14.340 --> 54:19.340]  to act with you with caprice than a local prosecutor does.
[54:19.340 --> 54:22.340]  So if he doesn't move ahead on it,
[54:22.340 --> 54:24.340]  you just make up a set of criminal complaints
[54:24.340 --> 54:26.340]  and send them to the grand jury
[54:26.340 --> 54:32.340]  against the special agent in charge for official misconduct.
[54:32.340 --> 54:33.340]  Gotcha.
[54:33.340 --> 54:36.340]  And then the U.S. attorney will pick that up
[54:36.340 --> 54:39.340]  and probably shake his finger at you
[54:39.340 --> 54:41.340]  and you tell him to go scratch
[54:41.340 --> 54:44.340]  all criminal charges against the...
[54:44.340 --> 54:50.340]  When you send that to the grand jury, you insure it.
[54:50.340 --> 54:54.340]  It costs about five bucks.
[54:54.340 --> 54:59.340]  We put a cover letter in the complaint
[54:59.340 --> 55:01.340]  to the foreman of the grand jury
[55:01.340 --> 55:04.340]  and asked the foreman to sign it.
[55:04.340 --> 55:07.340]  To initial this letter, do not sign it
[55:07.340 --> 55:10.340]  and return it in the stamp self-address envelope.
[55:10.340 --> 55:13.340]  Sign it because the U.S. attorney has a rubber stamp
[55:13.340 --> 55:15.340]  with your name on it
[55:15.340 --> 55:17.340]  and you want to make sure that the U.S. attorney
[55:17.340 --> 55:20.340]  is not rubber stamping your name on this document.
[55:20.340 --> 55:22.340]  Send it back to me because we have problems
[55:22.340 --> 55:25.340]  with U.S. attorneys secreting criminal complaints
[55:25.340 --> 55:27.340]  from grand juries.
[55:27.340 --> 55:31.340]  Well, the U.S. attorney is going to get that
[55:31.340 --> 55:32.340]  because the guy in the mail room,
[55:32.340 --> 55:35.340]  everything comes in and he just signs for it.
[55:35.340 --> 55:39.340]  And if you send it to the foreman of the grand jury
[55:39.340 --> 55:43.340]  and this guy signs for it and gives it to the U.S. attorney,
[55:43.340 --> 55:47.340]  well, that's mail tampering.
[55:47.340 --> 55:49.340]  And if you don't get this letter back,
[55:49.340 --> 55:51.340]  then you have reason to believe that the foreman
[55:51.340 --> 55:54.340]  didn't get this five mailings.
[55:54.340 --> 55:58.340]  So you go to the post office and you want your 500 bucks,
[55:58.340 --> 56:02.340]  the insurance on that letter.
[56:02.340 --> 56:04.340]  And that's going to get the postal inspectors
[56:04.340 --> 56:06.340]  treatment on down in the U.S. attorney's office
[56:06.340 --> 56:09.340]  wanting to know what happened to that letter
[56:09.340 --> 56:11.340]  because we don't want to pay 500 bucks
[56:11.340 --> 56:15.340]  and have our bond rating go up.
[56:15.340 --> 56:18.340]  Well, I did my initial complaint.
[56:18.340 --> 56:21.340]  I did send registered insurer.
[56:21.340 --> 56:23.340]  I did that already.
[56:23.340 --> 56:26.340]  So just continue doing that and send them restricted
[56:26.340 --> 56:28.340]  to the individual.
[56:28.340 --> 56:29.340]  Just send the registered.
[56:29.340 --> 56:35.340]  Restricted means only the person named can sign for it.
[56:35.340 --> 56:38.340]  Yes, I didn't do that.
[56:38.340 --> 56:41.340]  I just, I've been...
[56:41.340 --> 56:45.340]  With the specialty in charge, that wasn't such a big deal.
[56:45.340 --> 56:47.340]  But with the foreman, it is a big deal.
[56:47.340 --> 56:49.340]  Gotcha.
[56:49.340 --> 56:51.340]  Because he will never see it.
[56:51.340 --> 56:54.340]  And this gives you mail tampering
[56:54.340 --> 56:57.340]  and you'd collect your 500 bucks.
[56:57.340 --> 56:59.340]  Gotcha.
[56:59.340 --> 57:01.340]  Gotcha.
[57:01.340 --> 57:06.340]  He's a sick, the postal inspectors own him
[57:06.340 --> 57:10.340]  like a rabid dog.
[57:10.340 --> 57:12.340]  Okay.
[57:12.340 --> 57:14.340]  Do you have anything else for us?
[57:14.340 --> 57:16.340]  No, that'll do.
[57:16.340 --> 57:21.340]  I'll keep hammering the FBI until something shakes loose there
[57:21.340 --> 57:25.340]  and I'll perhaps start putting together the civil suits
[57:25.340 --> 57:28.340]  but delay filing them until something happens
[57:28.340 --> 57:33.340]  on the criminal side by understanding at this point.
[57:33.340 --> 57:35.340]  Okay.
[57:35.340 --> 57:36.340]  Thank you, Josh.
[57:36.340 --> 57:40.340]  Now we're going to go to Larry and Mijika.
[57:40.340 --> 57:42.340]  Hello, Larry.
[57:42.340 --> 57:44.340]  Wow.
[57:44.340 --> 57:47.340]  It's going to get on.
[57:47.340 --> 57:49.340]  Wait a minute, Larry.
[57:49.340 --> 57:50.340]  We cannot hear you.
[57:50.340 --> 57:54.340]  You've got a very, very bad connection.
[57:54.340 --> 57:56.340]  Oh, really?
[57:56.340 --> 57:58.340]  Yeah, you're...
[57:58.340 --> 58:01.340]  something, your voice sounds like it's cracking
[58:01.340 --> 58:05.340]  and can barely understand you.
[58:05.340 --> 58:09.340]  Try hanging up and calling back in.
[58:09.340 --> 58:13.340]  How much?
[58:13.340 --> 58:15.340]  I can't, let's just...
[58:15.340 --> 58:17.340]  I couldn't make out what that was.
[58:17.340 --> 58:20.340]  Yeah, hang up and call right back in.
[58:20.340 --> 58:25.340]  And Deborah, is Deborah still there?
[58:25.340 --> 58:32.340]  She had something she wanted to address.
[58:32.340 --> 58:33.340]  I guess she's not there.
[58:33.340 --> 58:37.340]  Well, we're just about to go to our sponsors anyway.
[58:37.340 --> 58:38.340]  Yeah, right.
[58:38.340 --> 58:40.340]  I'll give you a chance to call back in.
[58:40.340 --> 58:41.340]  Yeah.
[58:41.340 --> 58:43.340]  Okay, hang on.
[58:43.340 --> 58:46.340]  Randy Kelton, Brett Fountain, Ruevlar Radio.
[58:46.340 --> 58:50.340]  We'll be right back.
[58:50.340 --> 58:52.340]  Would you like to make more definite progress
[58:52.340 --> 58:55.340]  in your walk with God? Bibles for America
[58:55.340 --> 58:57.340]  is offering a free study Bible
[58:57.340 --> 58:59.340]  and a set of free Christian books
[58:59.340 --> 59:00.340]  that can really help.
[59:00.340 --> 59:02.340]  The New Testament recovery version
[59:02.340 --> 59:04.340]  is one of the most comprehensive study Bibles
[59:04.340 --> 59:05.340]  available today.
[59:05.340 --> 59:07.340]  It's an accurate translation
[59:07.340 --> 59:09.340]  and it contains thousands of footnotes
[59:09.340 --> 59:11.340]  that will help you to know God
[59:11.340 --> 59:13.340]  and to know the meaning of life.
[59:13.340 --> 59:15.340]  The free books are a three-volume set
[59:15.340 --> 59:18.340]  called Basic Elements of the Christian Life.
[59:18.340 --> 59:19.340]  Chapter by chapter,
[59:19.340 --> 59:21.340]  Basic Elements of the Christian Life
[59:21.340 --> 59:24.340]  clearly presents God's plan of salvation,
[59:24.340 --> 59:25.340]  growing in Christ,
[59:25.340 --> 59:27.340]  and how to build up the church.
[59:27.340 --> 59:30.340]  To order your free New Testament recovery version
[59:30.340 --> 59:33.340]  and Basic Elements of the Christian Life,
[59:33.340 --> 59:36.340]  call Bibles for America toll-free
[59:36.340 --> 59:40.340]  at 888-551-0102.
[59:40.340 --> 59:44.340]  That's 888-551-0102.
[59:44.340 --> 59:52.340]  Or visit us online at bfa.org.
[59:52.340 --> 59:55.340]  You're listening to the Logos Radio Network
[59:55.340 --> 01:00:00.340]  at LogosRadioNetwork.com.
[01:00:00.340 --> 01:00:02.340]  The following news flash was brought to you by
[01:00:02.340 --> 01:00:06.340]  The Low Star Lowdowns.
[01:00:06.340 --> 01:00:09.340]  Markets for Monday the 22nd of July 2019
[01:00:09.340 --> 01:00:12.340]  open with precious metals, gold at $1,429 an ounce,
[01:00:12.340 --> 01:00:14.340]  silver at $16.45 an ounce,
[01:00:14.340 --> 01:00:17.340]  copper at $2.75 an ounce,
[01:00:17.340 --> 01:00:20.340]  oil at Texas Crude at $55.63 a barrel,
[01:00:20.340 --> 01:00:23.340]  Brent Crude at $62.47 a barrel,
[01:00:23.340 --> 01:00:25.340]  and cryptos in order of market cap,
[01:00:25.340 --> 01:00:28.340]  Bitcoin Core at $10,566.52,
[01:00:28.340 --> 01:00:31.340]  Ethereum at $227.26,
[01:00:31.340 --> 01:00:34.340]  XRP Ripple at $0.33,
[01:00:34.340 --> 01:00:36.340]  Litecoin at $100.31,
[01:00:36.340 --> 01:00:45.340]  and Bitcoin Cash at $324.10 a crypto coin.
[01:00:45.340 --> 01:00:48.340]  Today in History, the year 1916,
[01:00:48.340 --> 01:00:50.340]  the Preparedness Day bombing,
[01:00:50.340 --> 01:00:53.340]  a time suitcase bomb was detonated on Market Street
[01:00:53.340 --> 01:00:56.340]  in San Francisco during the World War I Preparedness Day
[01:00:56.340 --> 01:00:59.340]  Parade, killing 10 and injuring 40.
[01:00:59.340 --> 01:01:04.340]  Today in History.
[01:01:04.340 --> 01:01:07.340]  And recent news, since Governor Greg Abbott signed
[01:01:07.340 --> 01:01:10.340]  House Bill 1325 legalizing HEP into Texas law
[01:01:10.340 --> 01:01:12.340]  back in June, county prosecutors around the state,
[01:01:12.340 --> 01:01:15.340]  including Houston, Austin, and San Antonio,
[01:01:15.340 --> 01:01:17.340]  have been dropping marijuana possession charges
[01:01:17.340 --> 01:01:19.340]  and even refusing to file new ones,
[01:01:19.340 --> 01:01:21.340]  since they are stipulating that they do not have the time
[01:01:21.340 --> 01:01:24.340]  or the laboratory equipment to test the herb for THC.
[01:01:24.340 --> 01:01:27.340]  Margaret Moore, the Travis County District Attorney,
[01:01:27.340 --> 01:01:29.340]  announced earlier this month that she was dismissing
[01:01:29.340 --> 01:01:32.340]  32 felony possession and delivery of marijuana cases
[01:01:32.340 --> 01:01:35.340]  because of the law. Mr. Abbott and other state officials,
[01:01:35.340 --> 01:01:37.340]  including the Attorney General, stipulated in a letter
[01:01:37.340 --> 01:01:39.340]  to county district attorneys back on Thursday
[01:01:39.340 --> 01:01:42.340]  that marijuana has not been decriminalized in Texas
[01:01:42.340 --> 01:01:45.340]  and that these actions demonstrate a misunderstanding
[01:01:45.340 --> 01:01:49.340]  of how HB 1325 works, as well as other cities, too,
[01:01:49.340 --> 01:01:52.340]  like the district attorney in El Paso,
[01:01:52.340 --> 01:01:55.340]  Caima Esparza, a Democrat who also stated earlier this month
[01:01:55.340 --> 01:01:58.340]  that the law, quote, will not have an effect
[01:01:58.340 --> 01:02:01.340]  on the prosecution of marijuana cases in El Paso.
[01:02:01.340 --> 01:02:03.340]  However, the issue was succinctly summarized
[01:02:03.340 --> 01:02:06.340]  by Mr. Brandon Ball, an assistant public defender
[01:02:06.340 --> 01:02:08.340]  in Harris County, who stated that, quote,
[01:02:08.340 --> 01:02:11.340]  the law is constantly changing on what makes something illegal
[01:02:11.340 --> 01:02:13.340]  based on its chemical makeup.
[01:02:13.340 --> 01:02:15.340]  It's important that if someone is charged with something,
[01:02:15.340 --> 01:02:18.340]  the test matches what they're charged with.
[01:02:22.340 --> 01:02:24.340]  A paper by Tulane University identified
[01:02:24.340 --> 01:02:27.340]  a five-and-a-half-inch American pocket shark.
[01:02:27.340 --> 01:02:29.340]  As the first of its kind in the Gulf of Mexico,
[01:02:29.340 --> 01:02:32.340]  the specimen being only the second pocket shark
[01:02:32.340 --> 01:02:35.340]  ever captured or recorded with the other one
[01:02:35.340 --> 01:02:38.340]  being found way back in 1979 in the East Pacific Ocean.
[01:02:38.340 --> 01:02:40.340]  According to the university paper,
[01:02:40.340 --> 01:02:42.340]  the shark secretes a luminous fluid
[01:02:42.340 --> 01:02:45.340]  from a gland near its front fins
[01:02:45.340 --> 01:02:48.340]  for the purposes hypothesized to lure and prey
[01:02:48.340 --> 01:02:50.340]  who may be drawn into the glow.
[01:02:50.340 --> 01:02:57.340]  This was Book Roadie with the Lowdown for July 22, 2019.
[01:03:20.340 --> 01:03:35.340]  Okay, we are back. Randy Colton, Brett Fountain,
[01:03:35.340 --> 01:03:39.340]  Rue LaRidio, and we're going to Terrence in Florida.
[01:03:39.340 --> 01:03:42.340]  Terrence, what do you have for us today?
[01:03:42.340 --> 01:03:46.340]  Hey, Randy, can you hear me okay?
[01:03:46.340 --> 01:03:48.340]  Yes.
[01:03:48.340 --> 01:03:56.340]  Okay, I thought Deb was going to interrupt me for this, okay?
[01:03:56.340 --> 01:04:00.340]  I was arguing, not really arguing,
[01:04:00.340 --> 01:04:04.340]  but just taking on a Fox News or radio show this morning,
[01:04:04.340 --> 01:04:08.340]  talked about the Minnesota going on,
[01:04:08.340 --> 01:04:10.340]  and he commented about Trump,
[01:04:10.340 --> 01:04:12.340]  and I said, well, I would have added to what
[01:04:12.340 --> 01:04:14.340]  the Barrett Pindyapolis said.
[01:04:14.340 --> 01:04:17.340]  I would have added, Mr. Trump,
[01:04:17.340 --> 01:04:20.340]  you've got your own swamp, you've got your 10 square miles,
[01:04:20.340 --> 01:04:23.340]  you keep to your business to stay out of mine.
[01:04:23.340 --> 01:04:29.340]  But my point, my main point to the radios was that
[01:04:29.340 --> 01:04:33.340]  the men and women should be the ones standing their ground
[01:04:33.340 --> 01:04:35.340]  and protecting their businesses,
[01:04:35.340 --> 01:04:40.340]  not the hired police that will not let the men and women do it.
[01:04:40.340 --> 01:04:44.340]  If the Barrett should have a sheriff deputize the able-bodied men
[01:04:44.340 --> 01:04:48.340]  in that area to defend their lives and their property
[01:04:48.340 --> 01:04:52.340]  from the looters, and that's what belongs.
[01:04:52.340 --> 01:04:54.340]  It doesn't belong with the police,
[01:04:54.340 --> 01:04:57.340]  because the police are in it to make money and beat people up.
[01:04:57.340 --> 01:05:01.340]  They're not in it to defend life that we have to protect.
[01:05:01.340 --> 01:05:03.340]  And I'd like your thoughts on that,
[01:05:03.340 --> 01:05:07.340]  because I think it's my job to defend my home
[01:05:07.340 --> 01:05:11.340]  and then my neighborhood and then my city and then my county.
[01:05:11.340 --> 01:05:14.340]  I should be deputized. We shouldn't have the police.
[01:05:14.340 --> 01:05:16.340]  They keep the people out of it.
[01:05:16.340 --> 01:05:19.340]  Well, it sounds like that's what these people are trying to do,
[01:05:19.340 --> 01:05:24.340]  that when does enough become enough?
[01:05:24.340 --> 01:05:28.340]  They're rising up just like the Second Amendment
[01:05:28.340 --> 01:05:33.340]  intended that they should.
[01:05:33.340 --> 01:05:35.340]  The Second Amendment doesn't grant you arms
[01:05:35.340 --> 01:05:38.340]  so that you can protect yourself.
[01:05:38.340 --> 01:05:41.340]  That's not why they gave us the Second Amendment.
[01:05:41.340 --> 01:05:43.340]  They gave us Second Amendment
[01:05:43.340 --> 01:05:46.340]  so that when the government became intolerable,
[01:05:46.340 --> 01:05:50.340]  we could rise up against them and throw them out.
[01:05:50.340 --> 01:05:55.340]  And it sounds like these guys are acting according to Second Amendment.
[01:05:55.340 --> 01:05:57.340]  Did you see that video?
[01:05:57.340 --> 01:06:00.340]  Well, I'm talking about stopping the looters.
[01:06:00.340 --> 01:06:03.340]  That my point was that the men and women,
[01:06:03.340 --> 01:06:06.340]  the outstanding men and women and the business owners,
[01:06:06.340 --> 01:06:10.340]  should be the ones stopping the rioters
[01:06:10.340 --> 01:06:12.340]  because the rioters aren't...
[01:06:12.340 --> 01:06:15.340]  I don't believe the rioters, unless they're hired and bussed in,
[01:06:15.340 --> 01:06:18.340]  will go against the people that actually live there.
[01:06:18.340 --> 01:06:22.340]  I'm a little uncomfortable going here
[01:06:22.340 --> 01:06:26.340]  because I've been doing more politics lately,
[01:06:26.340 --> 01:06:32.340]  but I don't want to get into a contentious political issue.
[01:06:32.340 --> 01:06:36.340]  I can see things on both sides.
[01:06:36.340 --> 01:06:42.340]  I was in Chicago when the riots occurred in Chicago in the 1960s.
[01:06:42.340 --> 01:06:45.340]  I was in 1967.
[01:06:45.340 --> 01:06:49.340]  I know what that's like, and it's really bad news,
[01:06:49.340 --> 01:06:56.340]  but if you live a life in the United States
[01:06:56.340 --> 01:07:01.340]  and you're terrorized by the police,
[01:07:01.340 --> 01:07:03.340]  what do you do?
[01:07:03.340 --> 01:07:07.340]  How long do you lay back and let this happen?
[01:07:07.340 --> 01:07:09.340]  So this is a hard issue.
[01:07:09.340 --> 01:07:12.340]  It's not the kind of things I want to do on this show.
[01:07:12.340 --> 01:07:16.340]  This is better for Tom Kiley's show.
[01:07:16.340 --> 01:07:20.340]  Okay, okay.
[01:07:20.340 --> 01:07:22.340]  Okay, and I'm not trying to be difficult.
[01:07:22.340 --> 01:07:26.340]  It's just not where we like to go.
[01:07:26.340 --> 01:07:31.340]  I was just thinking that the men, the people,
[01:07:31.340 --> 01:07:35.340]  should be the first responders.
[01:07:35.340 --> 01:07:36.340]  I agree.
[01:07:36.340 --> 01:07:41.340]  In Missouri, when I was watching some videos of Missouri,
[01:07:41.340 --> 01:07:46.340]  and they showed this grocery that a crowd was approaching it,
[01:07:46.340 --> 01:07:51.340]  but the owner of the grocery and his sons were on the roof with AR-15s,
[01:07:51.340 --> 01:07:55.340]  and they didn't get their grocery looted or robbed.
[01:07:55.340 --> 01:07:56.340]  They said, come on, boys.
[01:07:56.340 --> 01:07:57.340]  You want to fight?
[01:07:57.340 --> 01:07:59.340]  We'll give you one.
[01:07:59.340 --> 01:08:03.340]  They went for a softer target.
[01:08:03.340 --> 01:08:07.340]  Tom, I'm looking forward to hearing from Deborah.
[01:08:07.340 --> 01:08:08.340]  So thank you.
[01:08:08.340 --> 01:08:09.340]  Okay.
[01:08:09.340 --> 01:08:11.340]  Thank you, Terrence.
[01:08:11.340 --> 01:08:15.340]  Okay, now Deborah had an issue.
[01:08:15.340 --> 01:08:17.340]  She's been doing some research.
[01:08:17.340 --> 01:08:23.340]  Deborah, are you there?
[01:08:23.340 --> 01:08:24.340]  Yes, yes, I'm here, Randy.
[01:08:24.340 --> 01:08:26.340]  Yes, thanks.
[01:08:26.340 --> 01:08:36.340]  Yes, and just before I begin, Larry from Michigan has been trying to call in,
[01:08:36.340 --> 01:08:39.340]  and I don't know if you're listening right now, Larry,
[01:08:39.340 --> 01:08:44.340]  but he just called in again, and I heard a lot of background noise
[01:08:44.340 --> 01:08:48.340]  and other people talking, and I was trying to find out what was going on,
[01:08:48.340 --> 01:08:53.340]  and he said that he had five other people conference in on the line.
[01:08:53.340 --> 01:08:58.340]  And so listen, people, please don't do that.
[01:08:58.340 --> 01:09:05.340]  Okay, we can't have that kind of conferencing going on on the air.
[01:09:05.340 --> 01:09:11.340]  If multiple people want to call in at the same time and be on the air
[01:09:11.340 --> 01:09:15.340]  and have a group discussion, that's fine,
[01:09:15.340 --> 01:09:20.340]  but everyone needs to call in from their own individual phone,
[01:09:20.340 --> 01:09:26.340]  and you can't be in the same room because there's no way to control the audio quality,
[01:09:26.340 --> 01:09:30.340]  and it'll just be like chaos on the air.
[01:09:30.340 --> 01:09:34.340]  So please don't get on Skype and conference in everyone you know,
[01:09:34.340 --> 01:09:38.340]  and then use your Skype out to dial the call in number,
[01:09:38.340 --> 01:09:40.340]  or get on a big conference call.
[01:09:40.340 --> 01:09:44.340]  I don't have to say this very often, but yeah, please.
[01:09:44.340 --> 01:09:46.340]  Anyways, we welcome the callers.
[01:09:46.340 --> 01:09:48.340]  We love to have new listeners and callers,
[01:09:48.340 --> 01:09:51.340]  but yeah, don't get on conferences with a bunch of people
[01:09:51.340 --> 01:09:53.340]  and then try to call into the radio show.
[01:09:53.340 --> 01:09:54.340]  That's not going to work.
[01:09:54.340 --> 01:09:57.340]  That explains why we were hearing all that jitter.
[01:09:57.340 --> 01:10:00.340]  That's why we need to make out what he said.
[01:10:00.340 --> 01:10:02.340]  Probably so, yes.
[01:10:02.340 --> 01:10:06.340]  He may have been on some kind of VoIP, Google Hangout or something.
[01:10:06.340 --> 01:10:07.340]  I mean, who knows?
[01:10:07.340 --> 01:10:13.340]  But yeah, also people, please, if try to use an actual phone,
[01:10:13.340 --> 01:10:17.340]  okay, like a cell phone or a landline or something like that,
[01:10:17.340 --> 01:10:22.340]  please don't call in with Skype or Yahoo or Google Hangout
[01:10:22.340 --> 01:10:27.340]  or any kind of voice over IP because it'll drop packets
[01:10:27.340 --> 01:10:31.340]  and they'll be jitter and it'll be feedback
[01:10:31.340 --> 01:10:34.340]  if you're using the onboard mic of your laptop
[01:10:34.340 --> 01:10:36.340]  and the speakers on your laptop.
[01:10:36.340 --> 01:10:39.340]  I mean, that's the same thing as using a speaker phone.
[01:10:39.340 --> 01:10:41.340]  That's why I ask people not to use speaker phones.
[01:10:41.340 --> 01:10:43.340]  But anyways, okay.
[01:10:43.340 --> 01:10:48.340]  Yes, so just to get to, I'm just turning the phones off for now.
[01:10:48.340 --> 01:10:51.340]  So I wanted to just address some issues
[01:10:51.340 --> 01:10:56.340]  that we were discussing last week concerning here in Texas,
[01:10:56.340 --> 01:11:00.340]  the statutes that relate to, you know,
[01:11:00.340 --> 01:11:04.340]  what's been going on as far as the stay home orders
[01:11:04.340 --> 01:11:08.340]  and the face masks and the business closures
[01:11:08.340 --> 01:11:10.340]  and this, that and the other.
[01:11:10.340 --> 01:11:14.340]  And particularly addressing, you know,
[01:11:14.340 --> 01:11:19.340]  we talked about the face mask issues that the county health authority,
[01:11:19.340 --> 01:11:24.340]  the county judges, the governor does not have authority
[01:11:24.340 --> 01:11:30.340]  to order people under penalty of law with repercussions
[01:11:30.340 --> 01:11:33.340]  like jail time or fines or whatever,
[01:11:33.340 --> 01:11:37.340]  the public at large to wear face masks, okay.
[01:11:37.340 --> 01:11:39.340]  They cannot do that.
[01:11:39.340 --> 01:11:46.340]  There is nothing in statute that authorizes them to be able to do that.
[01:11:46.340 --> 01:11:49.340]  And going back to just some fundamental tenants here,
[01:11:49.340 --> 01:11:54.340]  so people understand how our legal system and how our government works,
[01:11:54.340 --> 01:11:57.340]  they're not kings, okay.
[01:11:57.340 --> 01:12:01.340]  They don't have the divine right of kings, so to speak.
[01:12:01.340 --> 01:12:07.340]  They can't just issue edicts and just tell people to do whatever they want them to do
[01:12:07.340 --> 01:12:11.340]  and have it enforced like some ruthless dictator or monarch
[01:12:11.340 --> 01:12:14.340]  or like the main dynasty or something, all right.
[01:12:14.340 --> 01:12:22.340]  They have authorities that are delegated to them under constitution, under statute,
[01:12:22.340 --> 01:12:26.340]  and so basically when it comes to public servants,
[01:12:26.340 --> 01:12:31.340]  they can only do what they are allowed to do under statute.
[01:12:31.340 --> 01:12:35.340]  They have to do what they are required to do under statute
[01:12:35.340 --> 01:12:40.340]  and as individual citizens, we can do whatever we want
[01:12:40.340 --> 01:12:45.340]  unless there's statutes prohibiting us from doing it.
[01:12:45.340 --> 01:12:49.340]  It's not the other way around, okay.
[01:12:49.340 --> 01:12:54.340]  We have the right to do anything we want as citizens
[01:12:54.340 --> 01:12:58.340]  as long as we're not harming somebody else or the property.
[01:12:58.340 --> 01:13:03.340]  That's the bottom line and as long as there's not something in place in statute
[01:13:03.340 --> 01:13:06.340]  regarding certain special provisions.
[01:13:06.340 --> 01:13:11.340]  So when it comes to public servants, they can only do what they're authorized to do.
[01:13:11.340 --> 01:13:17.340]  So just keeping that in mind, we're talking about do they have the authority
[01:13:17.340 --> 01:13:20.340]  regarding the stay home orders.
[01:13:20.340 --> 01:13:25.340]  And I had looked all of this up, the statutes surrounding this a couple of months ago,
[01:13:25.340 --> 01:13:28.340]  but I slept since then, okay.
[01:13:28.340 --> 01:13:32.340]  So when we started talking about it last week, I didn't have all the statutes pulled up in front of me.
[01:13:32.340 --> 01:13:36.340]  I had started looking at Government Code Chapter 418,
[01:13:36.340 --> 01:13:42.340]  which talks about some of the authorities of a county judge
[01:13:42.340 --> 01:13:49.340]  regarding things like controlling ingress and egress in and out of the county
[01:13:49.340 --> 01:13:56.340]  if there's an emergency, a disaster, some kind of an infectious disease situation
[01:13:56.340 --> 01:14:01.340]  and things like that controlling movements of people.
[01:14:01.340 --> 01:14:04.340]  We were wondering if that's where they're getting the authority to do that.
[01:14:04.340 --> 01:14:09.340]  No, that's actually not where they're getting the authority to do that.
[01:14:09.340 --> 01:14:14.340]  What's going on, at least here in Texas, with the stay home orders?
[01:14:14.340 --> 01:14:20.340]  Technically what it is, is it's called an area quarantine.
[01:14:20.340 --> 01:14:22.340]  They're calling it stay home orders.
[01:14:22.340 --> 01:14:28.340]  When you read the orders that have been issued by these mayors and these county judges,
[01:14:28.340 --> 01:14:35.340]  they call it a stay home order and they're very generic about where they're deriving their authority from.
[01:14:35.340 --> 01:14:41.340]  They're like saying, oh, by the power invested in me under Texas Government Code Section 418.
[01:14:41.340 --> 01:14:48.340]  Okay, well, yes, that's true, but they're not being really specific about how this actually works.
[01:14:48.340 --> 01:14:54.340]  So how it actually works is that they have the county health authority that they appoint.
[01:14:54.340 --> 01:14:56.340]  We're talking about the county judges here.
[01:14:56.340 --> 01:15:08.340]  And the county health authority has certain authorities under Government Code Section 121 in particular and Section 122.
[01:15:08.340 --> 01:15:20.340]  And they also have authority under Title IV, Subtitle B, that's law enforcement, public protection, emergency management.
[01:15:20.340 --> 01:15:28.340]  They also have authority, most of their specific authority comes from Title II, Subtitle D,
[01:15:28.340 --> 01:15:35.340]  which is the Health and Safety Code regarding communicable diseases and this sort of thing.
[01:15:35.340 --> 01:15:52.340]  And so under the Health and Safety Code Section 81.085 in particular and.003, it talks about area quarantines.
[01:15:52.340 --> 01:15:57.340]  And so that's what's happening here with these stay home orders.
[01:15:57.340 --> 01:16:08.340]  They're technically area quarantines where they can impose things like the stay home orders on the public at large, on individuals.
[01:16:08.340 --> 01:16:18.340]  Okay, but they can only do that under certain circumstances like the governor has to declare a state of emergency or state of disaster,
[01:16:18.340 --> 01:16:30.340]  which he did, Abbott did, and the county has to also declare a local state of emergency, a local disaster, which they did.
[01:16:30.340 --> 01:16:33.340]  However, there's issues here.
[01:16:33.340 --> 01:16:41.340]  They can only do that for 30 days and then they get to extend it if they want, but they can only extend it one time.
[01:16:41.340 --> 01:16:44.340]  They've extended it two or three times.
[01:16:44.340 --> 01:16:47.340]  Okay, so that's in violation of statute as far as I can see.
[01:16:47.340 --> 01:16:53.340]  And so I'm going to talk some more about what it says in the Health and Safety Code when we get back on the other side.
[01:16:53.340 --> 01:17:20.340]  And I'm just going to have the phones off right now. This is the rule of law. We'll be right back.
[01:17:24.340 --> 01:17:26.340]  How to answer letters and phone calls.
[01:17:26.340 --> 01:17:29.340]  How to get debt collectors out of your credit report.
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[01:17:49.340 --> 01:17:57.340]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[01:17:57.340 --> 01:18:00.340]  To learn how to stop debt collectors net.
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[01:20:35.340 --> 01:20:37.340]  Okay, we are back.
[01:20:37.340 --> 01:20:41.340]  Randy Kelton, Brett Fountain, Rooz La Radio.
[01:20:41.340 --> 01:20:43.340]  And we're going back to Deb.
[01:20:43.340 --> 01:20:50.340]  She's getting to the good part, how they're justifying doing what they're doing.
[01:20:50.340 --> 01:20:51.340]  Yes, I am.
[01:20:51.340 --> 01:20:52.340]  Yes.
[01:20:52.340 --> 01:20:53.340]  Thanks, Randy.
[01:20:53.340 --> 01:20:54.340]  Okay.
[01:20:54.340 --> 01:21:05.340]  So, yeah, it's kind of like when the police have authority to arrest people, if there's
[01:21:05.340 --> 01:21:10.340]  probable cause, if there's reasonable leave, especially if they witness with their own eyes
[01:21:10.340 --> 01:21:15.340]  in progress a crime being committed like somebody robbing somebody or trying to kill somebody,
[01:21:15.340 --> 01:21:18.340]  the police have authority to arrest.
[01:21:18.340 --> 01:21:19.340]  All right?
[01:21:19.340 --> 01:21:26.340]  Under certain circumstances, though, but they have to also conduct the arrest in accordance
[01:21:26.340 --> 01:21:34.340]  with statutes, in accordance with, you know, due process and not violating people's rights
[01:21:34.340 --> 01:21:39.340]  that are protected under constitution, protected under statute, like they have to take the accused
[01:21:39.340 --> 01:21:43.340]  directly to a magistrate for an examining trial, all these kinds of things.
[01:21:43.340 --> 01:21:50.340]  All right, so we can't just say they don't have the authority to enact these stay home
[01:21:50.340 --> 01:21:51.340]  orders.
[01:21:51.340 --> 01:21:52.340]  No, they do.
[01:21:52.340 --> 01:21:54.340]  Under statute, they do.
[01:21:54.340 --> 01:22:00.340]  They're called area quarantines, but they have to be in accordance with statute.
[01:22:00.340 --> 01:22:03.340]  They have to be in accordance with the code, the constitution.
[01:22:03.340 --> 01:22:08.340]  Certain things have to be put in place, just like the police can't go willy-nilly throwing
[01:22:08.340 --> 01:22:14.340]  people in jail without due process, without a criminal complaint, without a charging instrument,
[01:22:14.340 --> 01:22:19.340]  without an examining trial, all these kinds of things, you know, dating all the way back
[01:22:19.340 --> 01:22:25.340]  to the Magna Carta where the barons took the king down to the River Thames and threatened
[01:22:25.340 --> 01:22:26.340]  to behead him.
[01:22:26.340 --> 01:22:27.340]  They didn't sign this.
[01:22:27.340 --> 01:22:31.340]  That's kind of a lot of where all of our principles started from.
[01:22:31.340 --> 01:22:33.340]  There has to be due process.
[01:22:33.340 --> 01:22:35.340]  There has to be legitimate reason.
[01:22:35.340 --> 01:22:37.340]  Courts have to be involved, these sorts of things.
[01:22:37.340 --> 01:22:44.340]  And so the way things are set up, you know, concerning the area quarantines and having
[01:22:44.340 --> 01:22:50.340]  people stay home unless they're, you know, except for essential reasons and stuff like
[01:22:50.340 --> 01:22:56.340]  that, they do have the authority to do that in certain situations where there's a health
[01:22:56.340 --> 01:23:02.340]  disaster that's been declared, state of emergency, state of disaster by the governor, and been
[01:23:02.340 --> 01:23:08.340]  declared by the county and by the county health department and the county health authority.
[01:23:08.340 --> 01:23:12.340]  All right, so they have to put in place these issues, but it's limited.
[01:23:12.340 --> 01:23:14.340]  They can only do it for 30 days.
[01:23:14.340 --> 01:23:16.340]  They can only extend it one time.
[01:23:16.340 --> 01:23:18.340]  That's where they've already flipped up.
[01:23:18.340 --> 01:23:21.340]  They've already extended it multiple times.
[01:23:21.340 --> 01:23:26.340]  This all started in March, and now we're going into June, June 15th.
[01:23:26.340 --> 01:23:29.340]  The order has been extended to stuff like that.
[01:23:29.340 --> 01:23:32.340]  So yes, there's violations here.
[01:23:32.340 --> 01:23:38.340]  Now concerning the face masks, no, they don't have the authority to order the public at
[01:23:38.340 --> 01:23:44.340]  large to wear a face mask out in public as part of the area quarantine.
[01:23:44.340 --> 01:23:51.340]  Area quarantine has to do with staying at home or having other kind of restricted, basically
[01:23:51.340 --> 01:23:54.340]  being restricted from going around in public.
[01:23:54.340 --> 01:23:58.340]  It doesn't have to do with what you're wearing on your face.
[01:23:58.340 --> 01:24:05.340]  Now, there's been talk and fear about, oh, are things going to get so bad?
[01:24:05.340 --> 01:24:08.340]  They're going to come and start yanking people out of their homes.
[01:24:08.340 --> 01:24:14.340]  Okay, I looked into what the statutes say about that in the health and safety code,
[01:24:14.340 --> 01:24:19.340]  and I was pleasantly surprised at what I found.
[01:24:19.340 --> 01:24:21.340]  They cannot do that.
[01:24:21.340 --> 01:24:24.340]  Now, we're not talking about the feds here.
[01:24:24.340 --> 01:24:25.340]  I'm talking about the state.
[01:24:25.340 --> 01:24:30.340]  They cannot do that, not without due process.
[01:24:30.340 --> 01:24:33.340]  They can't come and drag people out of their homes.
[01:24:33.340 --> 01:24:38.340]  Okay, come kick in your door and take you away because you test positive for coronavirus
[01:24:38.340 --> 01:24:43.340]  or anything else, not without due process.
[01:24:43.340 --> 01:24:46.340]  Furthermore, and that means the courts have to be involved.
[01:24:46.340 --> 01:24:48.340]  There has to be search warrants.
[01:24:48.340 --> 01:24:51.340]  They have to have warrants, all kinds of things.
[01:24:51.340 --> 01:24:57.340]  All this due process is put in place under the health and safety code.
[01:24:57.340 --> 01:25:01.340]  And furthermore, what about mandatory testing?
[01:25:01.340 --> 01:25:03.340]  They cannot do that.
[01:25:03.340 --> 01:25:05.340]  I look that up too.
[01:25:05.340 --> 01:25:11.340]  They cannot force the general public at large under the Texas Health and Safety Code
[01:25:11.340 --> 01:25:16.340]  to submit to mandatory testing for any disease period.
[01:25:16.340 --> 01:25:17.340]  I can't find it.
[01:25:17.340 --> 01:25:22.340]  If it's not in the code, it doesn't exist, that means they cannot make you do it.
[01:25:22.340 --> 01:25:29.340]  The only thing I found concerning mandatory testing of any kind of infectious disease
[01:25:29.340 --> 01:25:35.340]  has to do with, guess what, public servants.
[01:25:35.340 --> 01:25:48.340]  Okay, if there is under certain situations, they can require certain public servants in certain fields
[01:25:48.340 --> 01:26:00.340]  like the police, for example, the firemen, public health workers, certain types of public servants
[01:26:00.340 --> 01:26:06.340]  and certain people that work in the healthcare industry, excuse me,
[01:26:06.340 --> 01:26:13.340]  they can implement mandatory testing of those people if it's been determined
[01:26:13.340 --> 01:26:19.340]  that they've been exposed to some kind of outrageous infectious disease or something.
[01:26:19.340 --> 01:26:23.340]  But they cannot do that for the public at large.
[01:26:23.340 --> 01:26:29.340]  See, that's section 81.050 under the Texas Health and Safety Code.
[01:26:29.340 --> 01:26:37.340]  Mandatory testing of persons suspected of exposing certain other persons to reportable diseases, including HIV.
[01:26:37.340 --> 01:26:40.340]  See, this coronavirus thing is a reportable disease.
[01:26:40.340 --> 01:26:45.340]  See, all of this stuff has to be set in place as part of due process.
[01:26:45.340 --> 01:26:49.340]  They have to declare the coronavirus as a reportable disease, which it is.
[01:26:49.340 --> 01:26:55.340]  You can look up on the county website about the number of people that have been infected and died.
[01:26:55.340 --> 01:26:59.340]  Now, of course, these tests are completely unreliable.
[01:26:59.340 --> 01:27:01.340]  They're 50% accurate at best.
[01:27:01.340 --> 01:27:05.340]  That's a different issue, which is talking about the statute itself.
[01:27:05.340 --> 01:27:07.340]  All of these things have to be set up.
[01:27:07.340 --> 01:27:13.340]  So the only people that can have mandatory testing imposed upon them for reportable diseases,
[01:27:13.340 --> 01:27:21.340]  here it says, a law enforcement officer, a firefighter, an emergency medical service employee or paramedic,
[01:27:21.340 --> 01:27:30.340]  a correctional officer, an employee contractor or volunteer other than a correctional officer who performs a service in a correctional facility,
[01:27:30.340 --> 01:27:32.340]  an employee of juvenile.
[01:27:32.340 --> 01:27:34.340]  Anyway, there's a different list.
[01:27:34.340 --> 01:27:36.340]  There's a list of all these things.
[01:27:36.340 --> 01:27:40.340]  But basically, the general public at large, they cannot do it.
[01:27:40.340 --> 01:27:45.340]  And even with those people, there has to be due process.
[01:27:45.340 --> 01:27:51.340]  Okay, there has to be due process in courts involved, and that can be court ordered.
[01:27:51.340 --> 01:28:00.340]  Now, when it comes to the quarantining, the only thing that I found about the mandatory wearing masks is if, okay,
[01:28:00.340 --> 01:28:09.340]  the county health authority can implement special quarantine orders for an individual.
[01:28:09.340 --> 01:28:14.340]  We're not talking about an area quarantine, but for an individual.
[01:28:14.340 --> 01:28:23.340]  If the county health authority deems that you're very infectious, you personally need to stay home, you cannot leave your house, period.
[01:28:23.340 --> 01:28:25.340]  Okay, they can do that.
[01:28:25.340 --> 01:28:36.340]  They have the authority under the health and safety code and the section that I'm talking about, Title II, Subsection D, all this Section 81 stuff.
[01:28:36.340 --> 01:28:41.340]  They can do that, and they don't have to have a court order to do that.
[01:28:41.340 --> 01:28:47.340]  But they have to have legitimate things in place, like you've tested positive and blah, blah, blah.
[01:28:47.340 --> 01:28:50.340]  But again, they can't force anybody to get tested.
[01:28:50.340 --> 01:28:58.340]  So the only way that you would fall into the situation like that is if you sign up and say, here, I want to get tested.
[01:28:58.340 --> 01:29:01.340]  So maybe it's not such a good idea, all right?
[01:29:01.340 --> 01:29:06.340]  People need to be getting tested anyways, unless you're really, really sick.
[01:29:06.340 --> 01:29:09.340]  You might have the same thing that Papaya had.
[01:29:09.340 --> 01:29:11.340]  I might have the same thing that Papaya had.
[01:29:11.340 --> 01:29:26.340]  Now under these orders by the county, what it does say, it does have certain provisions for restrictions of individuals that have either tested positive or are in the process of being tested,
[01:29:26.340 --> 01:29:31.340]  or live with somebody who's either tested positive or in the process of being tested.
[01:29:31.340 --> 01:29:33.340]  Those people cannot leave the county.
[01:29:33.340 --> 01:29:42.340]  Now they're not ordered to stay home without leaving their house, period, but they are ordered to not leave the county without permission from the county health authority.
[01:29:42.340 --> 01:29:43.340]  That's reasonable.
[01:29:43.340 --> 01:29:48.340]  They could, and they don't need a court order to do that, but that already is part of the court order.
[01:29:48.340 --> 01:29:56.340]  Okay, so when we get back on the other side, I'm going to talk some more about what happens with individuals that have been quarantined.
[01:29:56.340 --> 01:29:57.340]  We'll be right back.
[01:29:57.340 --> 01:30:04.340]  A top cybersecurity expert has a warning for America.
[01:30:04.340 --> 01:30:11.340]  If you build an electrical smart grid, the hackers will come and they could cause a catastrophic blackout.
[01:30:11.340 --> 01:30:15.340]  I'm Dr. Catherine Albrecht, back with the shocking details in a moment.
[01:30:15.340 --> 01:30:17.340]  Privacy is under attack.
[01:30:17.340 --> 01:30:21.340]  When you give up data about yourself, you'll never get it back again.
[01:30:21.340 --> 01:30:26.340]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.340 --> 01:30:28.340]  So protect your rights.
[01:30:28.340 --> 01:30:32.340]  Say no to surveillance and keep your information to yourself.
[01:30:32.340 --> 01:30:34.340]  Privacy, it's worth hanging on to.
[01:30:34.340 --> 01:30:41.340]  This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:30:41.340 --> 01:30:45.340]  Start over with StartPage.
[01:30:45.340 --> 01:30:52.340]  Governments love power, so it's only natural they'd want to control the power going into your home too with a smart grid.
[01:30:52.340 --> 01:30:59.340]  So they're installing a national network of smart meters to remotely monitor electric use for efficiency and avoid grid failure.
[01:30:59.340 --> 01:31:06.340]  But cybersecurity expert David Chox says not so fast if we make the national power grid controllable through the web,
[01:31:06.340 --> 01:31:08.340]  hackers will have a field day.
[01:31:08.340 --> 01:31:15.340]  Working remotely, they could tap in and black out the entire nation, leaving us vulnerable to our enemies.
[01:31:15.340 --> 01:31:19.340]  I'd want to pose smart meters for privacy and health reasons.
[01:31:19.340 --> 01:31:24.340]  Catastrophic failures caused by hackers? There's nothing smart about that.
[01:31:24.340 --> 01:31:31.340]  Like Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:31.340 --> 01:31:37.340]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:37.340 --> 01:31:39.340]  The government says that fire brought it down.
[01:31:39.340 --> 01:31:44.340]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:44.340 --> 01:31:49.340]  6,000 of my fellow service members have given their lives.
[01:31:49.340 --> 01:31:51.340]  I'm not a conspiracy theorist.
[01:31:51.340 --> 01:31:52.340]  I'm a structural engineer.
[01:31:52.340 --> 01:31:53.340]  I'm a New York City correctional.
[01:31:53.340 --> 01:31:54.340]  I'm an Air Force pilot.
[01:31:54.340 --> 01:31:56.340]  I'm a father who lost his son.
[01:31:56.340 --> 01:31:58.340]  We're Americans, and we deserve the truth.
[01:31:58.340 --> 01:32:26.340]  Go to RememberBuilding7.org today.
[01:32:28.340 --> 01:32:54.340]  RememberBuilding7.org today.
[01:32:54.340 --> 01:33:23.340]  Go to RememberBuilding7.org today.
[01:33:23.340 --> 01:33:25.340]  Back to the rule of law.
[01:33:25.340 --> 01:33:27.340]  Randy Kelton, Brett Fountain.
[01:33:27.340 --> 01:33:32.340]  I'm Deborah Stevens, and tonight is Friday, May 29.
[01:33:32.340 --> 01:33:35.340]  We're talking about the Texas Health and Safety Code,
[01:33:35.340 --> 01:33:40.340]  and I wanted to get a little bit more into the procedures and protections
[01:33:40.340 --> 01:33:47.340]  for people's due process rights and just their rights in general concerning quarantines.
[01:33:47.340 --> 01:33:50.340]  Now, concerning an individual quarantine,
[01:33:50.340 --> 01:33:55.340]  if somebody tests positive, and again, I'm not talking about reliability of tests.
[01:33:55.340 --> 01:33:56.340]  That's a different issue.
[01:33:56.340 --> 01:34:01.340]  We all know these tests, like the papaya tested positive or whatever.
[01:34:01.340 --> 01:34:03.340]  Okay, that's a different issue.
[01:34:03.340 --> 01:34:07.340]  But just going on the statute here of what their authority is,
[01:34:07.340 --> 01:34:13.340]  they can quarantine individuals, and as far as the health department,
[01:34:13.340 --> 01:34:17.340]  the county health authority, can quarantine individuals without a court order
[01:34:17.340 --> 01:34:21.340]  and tell somebody, individually, you have to stay home.
[01:34:21.340 --> 01:34:24.340]  You can't leave your house, period.
[01:34:24.340 --> 01:34:30.340]  And if the person violates that order of the county health department, county health authority,
[01:34:30.340 --> 01:34:36.340]  then the county health authority can get a court order to order you to do it.
[01:34:36.340 --> 01:34:39.340]  And if you violate that, yes, you can be held in contempt of court,
[01:34:39.340 --> 01:34:44.340]  and you can be subject to criminal and civil penalties.
[01:34:44.340 --> 01:34:50.340]  Now, if you're under an individual, direct individual quarantine,
[01:34:50.340 --> 01:34:56.340]  they can also order that individual things like, okay,
[01:34:56.340 --> 01:35:00.340]  we'll let you leave your house, but you have to wear a mask when you leave the house.
[01:35:00.340 --> 01:35:06.340]  Okay, for an individual quarantine, they can do that, and that's reasonable.
[01:35:06.340 --> 01:35:12.340]  All right, because if you're sick and you're coughing everywhere and it's highly dangerous,
[01:35:12.340 --> 01:35:15.340]  they'll say, you can leave your house, but wear a mask.
[01:35:15.340 --> 01:35:20.340]  You're not getting saliva and mucus on everyone else spreading the disease.
[01:35:20.340 --> 01:35:25.340]  That's why all this mask stuff is ridiculous, because people who are not sick should not be wearing them.
[01:35:25.340 --> 01:35:26.340]  There's no need for it.
[01:35:26.340 --> 01:35:32.340]  There's masks, they're not to protect you the wearer, they're to protect other people, okay?
[01:35:32.340 --> 01:35:38.340]  If you want to protect yourself, you have to have a full-on respirator and goggles and ear protection,
[01:35:38.340 --> 01:35:41.340]  basically a face mask, basically a whole hazmat suit if you want to protect yourself.
[01:35:41.340 --> 01:35:45.340]  The mask or to protect other people if you're sick.
[01:35:45.340 --> 01:35:51.340]  Okay, so they can order an individual to wear a mask if they want to leave their house,
[01:35:51.340 --> 01:35:56.340]  or they can tell an individual you can't leave your house, and if you violate that,
[01:35:56.340 --> 01:35:59.340]  then they can get a court order, and if you violate that,
[01:35:59.340 --> 01:36:02.340]  you can be held in control of court and have all these penalties.
[01:36:02.340 --> 01:36:05.340]  Now, as far as dragging people out of their home,
[01:36:05.340 --> 01:36:12.340]  if they're under certain situations and due process,
[01:36:12.340 --> 01:36:19.340]  but they have a whole slew of things that have to happen according to due process,
[01:36:19.340 --> 01:36:26.340]  they can order certain people who have already been placed under an individual quarantine
[01:36:26.340 --> 01:36:33.340]  to be held in a facility outside of their home.
[01:36:33.340 --> 01:36:40.340]  Okay, but there is, again, in that situation, there has to be courts involved.
[01:36:40.340 --> 01:36:48.340]  There has to be court orders, and this and that, and testimonies, and on and on and on.
[01:36:48.340 --> 01:36:55.340]  Okay, so this is under having to do with administration of control measures
[01:36:55.340 --> 01:37:01.340]  and right of access to someone who's been quarantined,
[01:37:01.340 --> 01:37:03.340]  or I'm hearing a lot of background noise.
[01:37:03.340 --> 01:37:09.340]  I don't know if Randy or Brett, but they can quarantine.
[01:37:09.340 --> 01:37:15.340]  I was muted, but I would like to ask you about the code that would say,
[01:37:15.340 --> 01:37:19.340]  where would they be getting this individual quarantine business?
[01:37:19.340 --> 01:37:20.340]  Okay, the individual quarantine.
[01:37:20.340 --> 01:37:21.340]  I can't find it.
[01:37:21.340 --> 01:37:34.340]  Okay, that is in the Health and Safety Code, Title II, Subtitle D, and that is under section,
[01:37:34.340 --> 01:37:42.340]  see, I'm moving around here.
[01:37:42.340 --> 01:37:45.340]  That is, if you look up the word quarantine.
[01:37:45.340 --> 01:37:47.340]  Okay, see, I'm right here.
[01:37:47.340 --> 01:37:51.340]  I'm in section 81.177.
[01:37:51.340 --> 01:37:53.340]  I've moved down to the commitment.
[01:37:53.340 --> 01:37:58.340]  It's called commitment to a private facility where the court can order a person committed
[01:37:58.340 --> 01:38:02.340]  to a private healthcare facility under certain situations.
[01:38:02.340 --> 01:38:06.340]  There has to be an application signed by that person or their guardian.
[01:38:06.340 --> 01:38:10.340]  They have to already be under an individual quarantine.
[01:38:10.340 --> 01:38:13.340]  I can't find the individual quarantine, though.
[01:38:13.340 --> 01:38:16.340]  Where is the basis for that?
[01:38:16.340 --> 01:38:18.340]  Is it strictly a court thing?
[01:38:18.340 --> 01:38:19.340]  A court order?
[01:38:19.340 --> 01:38:22.340]  No, no, it doesn't have to be.
[01:38:22.340 --> 01:38:27.340]  They don't have to have a court order to do that.
[01:38:27.340 --> 01:38:31.340]  They can get a court order if, okay, here we go.
[01:38:31.340 --> 01:38:32.340]  Hold on.
[01:38:32.340 --> 01:38:41.340]  They can even have probable cause hearings if they, implementing of control measures.
[01:38:41.340 --> 01:38:42.340]  All right, hold on.
[01:38:42.340 --> 01:38:43.340]  Sorry.
[01:38:43.340 --> 01:38:47.340]  I'm moving around, this statute is very, very long.
[01:38:47.340 --> 01:38:54.340]  If you look up, if you look, do a search for the word quarantine.
[01:38:54.340 --> 01:38:56.340]  Okay.
[01:38:56.340 --> 01:39:02.340]  I'm thinking shades of tuberculosis.
[01:39:02.340 --> 01:39:09.340]  This kind of thing went around a lot when we were in a tuberculosis epidemic and that's probably
[01:39:09.340 --> 01:39:11.340]  where these laws originated.
[01:39:11.340 --> 01:39:12.340]  Yeah.
[01:39:12.340 --> 01:39:16.340]  There is an, okay.
[01:39:16.340 --> 01:39:23.340]  See, they can, I'm looking now at the part where they can, they can quarantine properties too.
[01:39:23.340 --> 01:39:32.340]  They can, they can quarantine properties too and do soil samples and stuff, and they have to have.
[01:39:32.340 --> 01:39:35.340]  But that may or may not infringe on someone's rights.
[01:39:35.340 --> 01:39:36.340]  They have to have.
[01:39:36.340 --> 01:39:38.340]  An individual quarantine definitely would.
[01:39:38.340 --> 01:39:40.340]  No, and they have to have, yeah.
[01:39:40.340 --> 01:39:42.340]  Hold on.
[01:39:42.340 --> 01:39:52.340]  I'm looking at the quarantine area issues.
[01:39:52.340 --> 01:39:54.340]  An individual placed in quarantine.
[01:39:54.340 --> 01:39:55.340]  Okay.
[01:39:55.340 --> 01:40:09.340]  This is under section 81.086 is where it talks about individuals being placed under quarantine.
[01:40:09.340 --> 01:40:16.340]  And as well as objects, cargo, and other things like that.
[01:40:16.340 --> 01:40:20.340]  This is about control measures for carriers and private conveyances.
[01:40:20.340 --> 01:40:28.340]  That's part, that's part of it.
[01:40:28.340 --> 01:40:37.340]  I'm thinking and listening to this, I'm thinking in terms of reckless endangerment.
[01:40:37.340 --> 01:40:39.340]  Yeah, that makes sense.
[01:40:39.340 --> 01:40:42.340]  I can go there.
[01:40:42.340 --> 01:40:46.340]  I'm trying to find a legal way to get here.
[01:40:46.340 --> 01:40:49.340]  I can do anything I want to.
[01:40:49.340 --> 01:40:52.340]  So long as I don't, I am not forbidden to.
[01:40:52.340 --> 01:40:56.340]  And so long as I don't infringe on the rights of someone else.
[01:40:56.340 --> 01:41:06.340]  So if I have a deadly disease and I act in inappropriately, I can endanger someone else.
[01:41:06.340 --> 01:41:18.340]  And that could give grounds for respecting my behavior without interfering with my constitutional rights.
[01:41:18.340 --> 01:41:19.340]  Okay.
[01:41:19.340 --> 01:41:24.340]  Well, but it would have to be shown that you do have that disease first before they could take that step, right?
[01:41:24.340 --> 01:41:42.340]  And that, okay, so here if you, if you look at, okay, if you, if you go, going up to the top where it says exemption from medical treatment, this chapter does not authorize or require medical treatment of an individual who chooses treatment, blah, blah, blah, blah, blah.
[01:41:42.340 --> 01:41:55.340]  However, the individual may be isolated or quarantined in an appropriate facility and shall obey the rules, orders, instructions of the health department or health authority while in isolation or quarantine.
[01:41:55.340 --> 01:41:56.340]  Okay.
[01:41:56.340 --> 01:42:10.340]  And so in section, in section 121 of the government code, it, it says that the health authority has the authority to quarantine individuals.
[01:42:10.340 --> 01:42:12.340]  Okay, they can do that.
[01:42:12.340 --> 01:42:18.340]  That's, that one is in the government code as far as being able to quarantine individuals.
[01:42:18.340 --> 01:42:30.340]  And if they don't abide by the, the county health authorities order to like to stay home, then they can get a court order.
[01:42:30.340 --> 01:42:34.340]  They can get a court order to do that.
[01:42:34.340 --> 01:42:40.340]  Interesting, that is in local government code 121?
[01:42:40.340 --> 01:42:43.340]  That's in Texas government code, yes.
[01:42:43.340 --> 01:42:54.340]  121 point, it's, it's, well, some of the definitions are in 121.021.
[01:42:54.340 --> 01:43:00.340]  But they have the authority to, to do quarantines.
[01:43:00.340 --> 01:43:12.340]  Okay, see here in application 81, okay, in the health and safety code section 81.03, it talks about application of control measures to individual.
[01:43:12.340 --> 01:43:19.340]  Okay, that's where it talks about the spread of infectious disease from an individual.
[01:43:19.340 --> 01:43:33.340]  And it talks about an individual may be subject to court orders if the individual is infected or is reasonably suspected of being infected with a communicable disease that presents an immediate threat to public health.
[01:43:33.340 --> 01:43:37.340]  Okay, that's, that's in subsection E.
[01:43:37.340 --> 01:43:49.340]  All right, so that's, that's the section where the county health authority can quarantine individuals without a court order.
[01:43:49.340 --> 01:43:55.340]  Because by the time they get a court order, they could spread the disease to 100 other people.
[01:43:55.340 --> 01:44:00.340]  All right, that's why they have the authority to do that.
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[01:46:24.340 --> 01:46:36.340]  All right, we are back. This is our last segment. We may need to go into overdrive to finish this discussion.
[01:46:36.340 --> 01:46:45.340]  But yeah, I was jumping around this statute. It's actually a very good read. It has a lot of protections, due process protections, a lot of rights protections.
[01:46:45.340 --> 01:46:59.340]  But talking about the authority that the county health authority and health department has to quarantine a particular individual that's section 81.03 of the health and safety code.
[01:46:59.340 --> 01:47:00.340]  Paragraph B.
[01:47:00.340 --> 01:47:01.340]  083.
[01:47:01.340 --> 01:47:05.340]  Yeah, 81.03. It says specific.
[01:47:05.340 --> 01:47:08.340]  I think you're looking at 81.083, right?
[01:47:08.340 --> 01:47:25.340]  I'm sorry, 081.083. Sorry, yes. Paragraph B says clearly, if the department or a health authority has reasonable cause to believe that an individual is ill with, has been exposed to, or is the carrier of a communicable disease,
[01:47:25.340 --> 01:47:42.340]  the department or health authority may order the individual or their parent legal guardian if they're a minor, et cetera, et cetera, to implement control measures that are reasonable and necessary to prevent the introduction, transmission, and spread of the disease in the state.
[01:47:42.340 --> 01:47:55.340]  And then paragraph C, it talks about, it has to be in writing, delivered to them personally or with a registered mail, et cetera, et cetera. The order is effective until they're no longer infected.
[01:47:55.340 --> 01:48:10.340]  And of course, we're not talking about the test here and how unreliable they are. We're just talking about what their authority is, okay, an expiration of the longest usual incubation period for the disease, okay.
[01:48:10.340 --> 01:48:23.340]  So if they think you might have it, that's how they're able to implement from out of state people who are coming in and saying, well, you have to self-quarantine for 14 days.
[01:48:23.340 --> 01:48:27.340]  They're saying that's because that's the quote, usual incubation period, blah, blah, blah.
[01:48:27.340 --> 01:48:42.340]  All right, so if they're reasonably suspected to be infected because they show symptoms or they've tested, that presents an immediate threat to public health, on and on and on, they have the authority to do this, and it's reasonable.
[01:48:42.340 --> 01:48:57.340]  And if the person defies the order of the county health authority, the county health authority can and will get a court order ordering you to stay home under penalty or whatever they, you know, stay home unless you wear a mask or whatever.
[01:48:57.340 --> 01:48:59.340]  We're talking about individuals now, all right.
[01:48:59.340 --> 01:49:19.340]  And if you violate that, then they could proceed to further measures of getting, which would be in accordance with due process. It'd have to be going through a court procedure to have you committed to a private institution, okay.
[01:49:19.340 --> 01:49:22.340]  There's a commitment that would happen.
[01:49:22.340 --> 01:49:37.340]  But that's only in, they would have to go through due process is the point I'm trying to make here. I was actually very pleased when I saw some of these things because it showed me they can't just come in our house and yank us out, okay.
[01:49:37.340 --> 01:49:38.340]  They cannot do that.
[01:49:38.340 --> 01:49:39.340]  Now we're talking about the state.
[01:49:39.340 --> 01:49:41.340]  I'm not talking about the feds here.
[01:49:41.340 --> 01:49:59.340]  I mean, you know, the military, I mean, who knows what the feds could or would do, especially if there was a, you know, someone, you know, a crazy person in charge, you know, which thankfully, you know, Trump is not going to do anything like that.
[01:49:59.340 --> 01:50:12.340]  Right. But they cannot make it mandatory, at least under state. The state government here in Texas cannot make it mandatory for the general public at large to be tested for any disease period.
[01:50:12.340 --> 01:50:14.340]  That's not, they don't have the authority to do that.
[01:50:14.340 --> 01:50:27.340]  They don't have the authority to come and yank you out of your house and throw you in some camp, not without due process. And you'd have to already be under an individual quarantine order anyway.
[01:50:27.340 --> 01:50:32.340]  All right. And so I was actually pleased to find out that there's a lot of due process protections.
[01:50:32.340 --> 01:50:51.340]  And now we're, you know, further going to some issue that Brett was bringing up, how do they have the authority to quarantine individuals or even do these area quarantines if we, the people haven't given them the authority in the first place under
[01:50:51.340 --> 01:51:15.340]  the Constitution for these statutes to be in compliance with Constitution. I would dare to say that we have and that it is reasonable because a quarantine is similar to, you know, someone being stripped of their rights, being incarcerated because of committing a crime.
[01:51:15.340 --> 01:51:33.340]  You know, being sick is not a crime, but if somebody is a madman, for example, and they're a serial, you know, murderer or something, they're a hazard to the safety and well-being of the public at large.
[01:51:33.340 --> 01:51:48.340]  So we have things in process for due process to strip that person of their right to protect innocent people in the public at large. And so it's the same principle as far as quarantines.
[01:51:48.340 --> 01:52:12.340]  You're not a criminal, but if you're suspected of carrying an infectious disease that is spread easily by coughing or sneezing and that contagion is potentially fatal to a lot of people, then yes, we want a situation where health authorities can say you have to be quarantined
[01:52:12.340 --> 01:52:17.340]  because we suspect that you're going to be going around killing people.
[01:52:17.340 --> 01:52:27.340]  You're going to get some Democrats and say, well, maybe not just Democrats, but say, stupidity is a disease. It's an illness. It's infectious. You guys need to self-quarantine.
[01:52:27.340 --> 01:52:31.340]  No, no, no. There has to be scientific backup.
[01:52:31.340 --> 01:52:52.340]  The epidemic started because a flight attendant found that he was infected with AIDS and he was furious about it and he flew all over the country, had unprotected sex with all of the people he could, infected as many people as he possibly could before they caught him.
[01:52:52.340 --> 01:53:06.340]  And this generally considered that because of that, he spread AIDS all over and started the epidemic. Should he be allowed to do that? Or do we need some kinds of tools?
[01:53:06.340 --> 01:53:23.340]  In that situation, I would consider that criminal, intentional homicide even murder because he was intentionally doing it, but what if somebody wasn't intending to hurt other people? See, most of the time...
[01:53:23.340 --> 01:53:25.340]  It still goes to reckless endangerment.
[01:53:25.340 --> 01:53:40.340]  It goes to reckless endangerment. But the thing is, people will not be considerate on their own even if they know they have something like tuberculosis or whatever.
[01:53:40.340 --> 01:54:05.340]  And so it's reasonable to have a situation where the government can tell that person, you have to stay home until you don't have it anymore because people will not just be considerate on their own and stay home if they know that they have something like that.
[01:54:05.340 --> 01:54:16.340]  And so we have to have something in place that says, all right, the government says, you have to stay home because you've got this infectious disease and most people would just do it anyway.
[01:54:16.340 --> 01:54:30.340]  All right? There's not a whole lot of people who would defy that and say, no, forget it. I'm going to run around anyway and have to be put under a court order or furthermore even have to take it all the way to be dragged out of their home
[01:54:30.340 --> 01:54:38.340]  and locked into a quarantine facility. I mean, that's going to rarely happen if ever.
[01:54:38.340 --> 01:54:54.340]  But that's where the government in general gets the authority because they get the authority from we the people. We want this sort of situation, like the situation I described last week of a certain state, not here, where there was the ground zero patient.
[01:54:54.340 --> 01:55:07.340]  And they couldn't test because the CDC wouldn't let them. And so the health authorities could not enforce an individual quarantine on that person. And now it's a hot spot.
[01:55:07.340 --> 01:55:11.340]  All right? And so what? I mean, we just...
[01:55:11.340 --> 01:55:13.340]  I have a suggestion.
[01:55:13.340 --> 01:55:21.340]  I don't have a moral problem with this. What I have a problem with is when they are violating statute and violating rights.
[01:55:21.340 --> 01:55:32.340]  I have a constitutional problem with it. And my concern the whole time is, is we have a very well structured body of law.
[01:55:32.340 --> 01:55:41.340]  And because we have a problem come along, we, our public officials do not have the option of trashing the laws we have.
[01:55:41.340 --> 01:56:03.340]  Now, if I have, we have this pandemic. And yeah, we can order people to stay in their houses or we can tell people if you move around freely in an environment where it is reasonably likely that you will contract this infectious disease.
[01:56:03.340 --> 01:56:14.340]  And you may be one of those young people who aren't at great risk for it, but so you could cavalierly carry this disease around to others.
[01:56:14.340 --> 01:56:27.340]  If you do that and someone contracts the disease from you because you were reckless, you are responsible and that's criminal.
[01:56:27.340 --> 01:56:37.340]  Now, you want to stay home? That's your call. But if you want to go out and run around just like in Texas, nobody wanted to wear their, their motorcycle helmets.
[01:56:37.340 --> 01:56:50.340]  And Texas did the smartest thing I ever heard of. Okay. You don't wear your helmet. You get in a wreck. The state cannot fund your treatment.
[01:56:50.340 --> 01:57:01.340]  Yeah. Well, listen, it's up to you. There is another way of doing it other than violating constitution. Well, Randy, okay, I think we need to go into overtime to finish this discussion.
[01:57:01.340 --> 01:57:07.340]  The three of us, we're not going to take calls. I agree. Not now, maybe next week, but let's go into overtime.
[01:57:07.340 --> 01:57:22.340]  But you said something key here that I want to address about if, if you're young and you violate the stay home order and somebody gets it from you and dies, then that's reckless manslaughter or whatever.
[01:57:22.340 --> 01:57:38.340]  I want to address this because you have, like you always say, Randy, you have to be careful what you ask for because how are they going to know that that young person gave that other person the thing?
[01:57:38.340 --> 01:57:54.340]  They won't know unless they force everybody to submit and, and, and agree to engage in this ridiculous contact tracing BS. Okay. So be careful.
[01:57:54.340 --> 01:57:56.340]  Yeah, there's no other way to find out.
[01:57:56.340 --> 01:58:09.340]  Yeah, be careful what you asked for because we shouldn't all have to submit to contact tracing so that they can nail a certain person for reckless endangerment under the penal code.
[01:58:09.340 --> 01:58:15.340]  That's why they have the health and safety code. Just everybody stay home for this certain period of time.
[01:58:15.340 --> 01:58:28.340]  The problem that's, and I think that is constitutional. The problem is that they're, they're going beyond their authority. They've extended this multiple times and they don't have the authority to do that.
[01:58:28.340 --> 01:58:31.340]  I'd like to address a little of that on the other side.
[01:58:31.340 --> 01:58:33.340]  Okay. All right. We're going to go overtime.
[01:58:33.340 --> 01:58:36.340]  This takes a reasonable approach.
[01:58:36.340 --> 01:58:38.340]  We're going to, we're going to have to go into overtime.
[01:58:38.340 --> 01:58:50.340]  So stay, stay tuned folks. We're going to take a short break at the top of the hour and then we'll be right back for overdrive overtime discussion.
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