ROL_2020-06-26_16k_Hr3-4.timecode
[00:00.000 --> 00:06.840] The following news flash is brought to you by The Lone Star Lowdown.
[00:06.840 --> 00:13.200] Markets for Monday the 22nd of July 2019 open with Precious Metals, Gold $1,429 an ounce,
[00:13.200 --> 00:21.440] Silver $16.45 an ounce, Copper $2.75 an ounce, Oil, Texas Crude $55.63 a barrel, Brent Crude
[00:21.440 --> 00:29.960] $62.47 a barrel, and Cryptos in order of Market Cap, Bitcoin Core $10,566.52, Ethereum $2,000.00
[00:29.960 --> 00:41.480] $327.26, XRP Ripple $0.33, Litecoin $1.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:41.480 --> 00:52.520] In history the year 1916 the preparedness day bombing a time suitcase bomb was detonated on
[00:52.520 --> 00:58.320] Market Street in San Francisco during the World War I preparedness day parade killing 10 and
[00:58.320 --> 01:07.440] entering 40 today in history and recent news since Governor Greg Abbott signed House Bill
[01:07.440 --> 01:13.160] 1325 legalizing hemp into taxes law back in June county prosecutors around the state including
[01:13.160 --> 01:17.880] Houston, Austin, San Antonio have been dropping marijuana possession charges and even refusing
[01:17.880 --> 01:22.320] to file new ones since they are stipulating that they do not have the time or the laboratory
[01:22.320 --> 01:27.200] equipment to test the herb for THC. Margaret Moore the Travis County District Attorney
[01:27.200 --> 01:31.240] announced earlier this month that she was dismissing 32 felony possession and delivery
[01:31.240 --> 01:35.920] of marijuana cases because of the law. Mr. Abbott and other state officials including
[01:35.920 --> 01:39.920] the Attorney General stipulated in a letter to county district attorneys back on Thursday
[01:39.920 --> 01:44.520] that marijuana has not been decriminalized in Texas and that these actions demonstrate
[01:44.520 --> 01:50.440] a misunderstanding of how HB 1325 works as well as other cities too like the district
[01:50.440 --> 01:56.640] attorney in El Paso, Kyma Esparza a Democrat who also stated earlier this month that the
[01:56.640 --> 02:02.520] law quote will not have an effect on the prosecution of marijuana cases in El Paso. However the
[02:02.520 --> 02:07.200] issue was succinctly summarized by Mr. Brandon Ball an assistant public defender in Harris
[02:07.200 --> 02:12.000] County who stated that quote the law is constantly changing on what makes something illegal based
[02:12.000 --> 02:16.520] on its chemical makeup. It's important that if someone is charged with something the test
[02:16.520 --> 02:25.200] matches what they're charged with. A paper by Tulane University identified a five and
[02:25.200 --> 02:30.680] a half inch American pocket shark as the first of its kind in the Gulf of Mexico. The specimen
[02:30.680 --> 02:36.120] being only the second pocket shark ever captured or recorded with the other one being found
[02:36.120 --> 02:41.160] way back in 1979 in the East Pacific Ocean. According to the university paper the shark
[02:41.160 --> 02:47.600] secretes a luminesce fluid from a gland near its front fins for the purposes hypothesized
[02:47.600 --> 02:58.000] to lure and prey who may be drawn into the glow. This is Roof Roadie with your lowdown
[02:58.000 --> 03:10.000] for July 22nd, 2019.
[03:10.000 --> 03:36.680] Okay, we are back. Randy Kelton, Brett Fountain, Rood of Law Radio and we're talking to Scott
[03:36.680 --> 03:46.320] in Texas and Scott. That wasn't the first time you ran off the cliff. I'm getting better
[03:46.320 --> 03:55.800] at this. Man, I'm going to be a professional like you yet. Okay, you were saying that wasn't
[03:55.800 --> 04:02.440] the first time they wouldn't sell you a pizza? No, that's not the first place of business
[04:02.440 --> 04:10.120] that wouldn't allow me in because I won't wear a mask. I've never wore a mask. Now,
[04:10.120 --> 04:17.680] I get that they have the right to refuse your service. Okay, well, I grant you that part.
[04:17.680 --> 04:26.480] Now it comes down to two things. To do business with them can cause you harm because obviously
[04:26.480 --> 04:38.160] hypoxia is pretty well known in the medical community. If you couldn't go after the business
[04:38.160 --> 04:44.920] and file a suit against the business for an order to do business, in other words, the guy
[04:44.920 --> 04:52.240] that's sitting there making these rules up for that business, he's not a doctor. Now he's
[04:52.240 --> 05:00.680] causing you harm irrespectively and practicing medicine without a license. You'll never
[05:00.680 --> 05:10.440] get there. Hypoxia, you really can't get hypoxia unless you have a mask that's sufficient
[05:10.440 --> 05:20.320] to block the coronavirus. That one, that one you would die wearing. Yeah, they're idiots.
[05:20.320 --> 05:26.240] These masks, they're using the coronavirus will pass your 20-year breast. It just keeps
[05:26.240 --> 05:32.360] you from coughing and spitting all over somebody. Yeah, but it's their business. They can do
[05:32.360 --> 05:40.040] that and they suffer the consequences. I have a number of businesses like JCPenney. They
[05:40.040 --> 05:48.440] sold me a battery about 30 years ago with the lifetime warranty. It lasted three months.
[05:48.440 --> 05:53.360] I went back, no problem, they replaced it. That one lasted about two months. I went back
[05:53.360 --> 06:02.800] and they said, oh, that first one had a lifetime warranty, not this second one. I said, oh,
[06:02.800 --> 06:10.680] that was pretty slick, but that is the last penny JCPenney will ever get from me and it
[06:10.680 --> 06:20.440] has been. When they do thingy draconian things like this, if I've got a business here and
[06:20.440 --> 06:26.720] I'm trying to sell a product and you come without a mask, no problem. I'll send somebody
[06:26.720 --> 06:34.120] out with a mask to bring you to pizza. That is not difficult. Our veterinarian, they've
[06:34.120 --> 06:40.840] had their lobby locked since it started, but you were sitting in your car. They'll come
[06:40.840 --> 06:49.360] out and get the dog. They'll bring the dog back to you. Not a problem. They accommodate.
[06:49.360 --> 06:56.320] They asked you to accommodate them. They also accommodate you back for this company not
[06:56.320 --> 07:02.880] to bring your pizza outside. That's absurd. They need to be hammered for it, but can't
[07:02.880 --> 07:08.480] get to them legally. Okay. What about the county judge? I can't even get to you legally
[07:08.480 --> 07:15.120] for running off the cliff. Well, that's because I've got qualified immunity. Now, what about
[07:15.120 --> 07:22.680] the county judge? For him, passing these draconian things, he's not a, you know, I'm trying to
[07:22.680 --> 07:30.680] find someone with, there are a few people with experience in administrative law. Pastor
[07:30.680 --> 07:40.760] Messon and I have a conference call set up where he's going to bring me all his information
[07:40.760 --> 07:53.760] on administrative law. Where this court commissioners court judge issues an order that has the
[07:53.760 --> 08:00.480] effect of denying you a constitutional right. Whether or not he has that right, the right
[08:00.480 --> 08:11.160] to do that is not relevant in as much as you have a right not to have yours infringed.
[08:11.160 --> 08:16.760] And if while he can issue that ruling, he's responsible for the harm that it causes or
[08:16.760 --> 08:23.400] the jurisdiction that empowers him is. So we want to put together a questionnaire that
[08:23.400 --> 08:33.680] will produce an administrative claim against the jurisdiction. Now you put in this claim
[08:33.680 --> 08:44.080] and there is no way the courts will ruin your favor. They're corrupt, all of them are. But
[08:44.080 --> 08:52.560] it will cost them so much money to fight you. It'd be better they just make you an offer.
[08:52.560 --> 09:04.360] You go home, go home. And anything you recover this way is you recover harm. You're not profit.
[09:04.360 --> 09:12.640] You do not profit by this. You are reimbursed for harm. And what that means is it's not
[09:12.640 --> 09:21.800] taxable. So we want to put together this tool. You know, I understand this is a problem as
[09:21.800 --> 09:32.440] a pandemic and people are in jeopardy. My position is just because there is, and Mike
[09:32.440 --> 09:38.780] Pence said this when he was questioned, a question about this political rally Trump
[09:38.780 --> 09:46.600] had where they brought a lot of people together. He said, we realize we have a pandemic and
[09:46.600 --> 09:52.200] there's some difficulty out there, but we've taken measures to limit the risk. But at the
[09:52.200 --> 10:01.440] end of the day, the first amendment to the Constitution absolutely guarantees the right
[10:01.440 --> 10:12.520] to freely assemble. And we don't get to trash the Constitution just because it's convenient.
[10:12.520 --> 10:18.600] If you want to exercise this political convenience in your head.
[10:18.600 --> 10:23.680] Well, you know, that's interesting because they have carved out in their announcements
[10:23.680 --> 10:29.080] of what they're cracking down on. They've carved out religious organizations and religious
[10:29.080 --> 10:35.640] services. They said, look, there's no restrictions on that. They're doing the 50% or 75. Oops,
[10:35.640 --> 10:42.960] back down to 50. But they said, oh, but that doesn't prohibit anybody from going to their
[10:42.960 --> 10:43.960] church services.
[10:43.960 --> 10:56.800] Yeah, they're deep in the bubble. The Constitution, again, specific, the Constitution forbids interfering
[10:56.800 --> 11:06.920] this religion. So they're getting constitutional pushback and we want to give them real serious
[11:06.920 --> 11:08.920] constitutional pushback.
[11:08.920 --> 11:16.960] Oh, I'm not that if we, if you can riot, you can, you can vote, you know, you can have
[11:16.960 --> 11:21.320] a rally. If you can, if you can write, you can have a vote. You can have a Trump rally.
[11:21.320 --> 11:27.800] I mean, what's the difference? Well, I didn't understand that. If you can write, you can
[11:27.800 --> 11:36.320] have a riot in the streets. You can have it. Oh, oh, if you can riot. Oh, okay. I thought
[11:36.320 --> 11:40.120] you were saying right. No, no.
[11:40.120 --> 11:43.600] Okay. It's my next step.
[11:43.600 --> 11:51.440] Well, you know, they, they ran into, I'm not sure about this. I think, I think it was just
[11:51.440 --> 12:02.680] so much, so many people rose up that and they rose up because of the police, because the
[12:02.680 --> 12:12.520] police were too heavy handed. So now the police are have a conundrum. How do you control this
[12:12.520 --> 12:21.080] without exacerbating the problem? How do you keep these people from destroying the city
[12:21.080 --> 12:30.320] without confirming what they're writing about? The police, I understand that the police are
[12:30.320 --> 12:37.280] in a difficult situation. Brett and I were looking for a YouTube video where this policeman
[12:37.280 --> 12:47.400] is complaining about how they're being denigrated and mistreated and cast in a bad light. He's
[12:47.400 --> 12:53.160] just ranting. He's before a microphone. They didn't say what kind of group it was. And
[12:53.160 --> 12:57.920] every time he would make a statement, they would cut away to police beating up somebody
[12:57.920 --> 13:03.880] or shooting somebody. And then they come back to him and I went through 12 different people
[13:03.880 --> 13:09.440] that were killed by police while he's going through this rant. I thought that was well
[13:09.440 --> 13:17.040] done. And the fact that we have the police standing up there wailing and righteous indignation.
[13:17.040 --> 13:28.160] Good. Have we got your attention yet? The pastor was, was speaking to a number of jurisdictions
[13:28.160 --> 13:35.440] that have fired the police department completely and hired private police and had exceptional
[13:35.440 --> 13:42.960] results. Now, while I can see the potential for bad problems, he didn't mention any of
[13:42.960 --> 13:48.120] those that don't mean we didn't have any, but we do have an alternative to our standard
[13:48.120 --> 13:57.640] police force. And they need to realize that. We need a few talents to fire all the policemen.
[13:57.640 --> 14:07.120] One SWAT officer or exercise used extreme force and he was fired and 52 others walked
[14:07.120 --> 14:16.360] off the job. It should have did like Reagan did when the traffic control was threatened
[14:16.360 --> 14:21.240] to strike. And he said, if you strike, I'll fire every one of you. They struck. He fired
[14:21.240 --> 14:28.320] every one of them. The world did not fall apart. Planes did not start falling out of
[14:28.320 --> 14:40.160] the sky. What happened was is the pilots talked to each other and kept track of where everybody
[14:40.160 --> 14:47.920] was. This wasn't such a great problem. If the police would fire them all, the fire them
[14:47.920 --> 14:57.000] all. The public will arm themselves. And I talked to the pastor about it. In Texas,
[14:57.000 --> 15:03.120] we have a little problem. That was not a great problem. Because in Texas, you can expect
[15:03.120 --> 15:10.160] your neighbors to shoot back. You don't get to have yourself a turkey shoot. A guy goes
[15:10.160 --> 15:18.040] into a church in white settlement, gets three shots off, and a church member dropped him
[15:18.040 --> 15:25.360] like a sack of potatoes. He had like, I think, three seconds. The first guy hesitated and
[15:25.360 --> 15:32.080] he killed him. The second guy didn't hesitate. A guy goes into a church near Austin, chews
[15:32.080 --> 15:39.520] the place up, comes out, runs into a guy who is pajamas and a.386. They had an exchange
[15:39.520 --> 15:45.600] of fire. The shooter got hit, jumped in his pickup, took off. The guy in his pajamas stopped
[15:45.600 --> 15:50.400] the first pickup coming down the road, told him what happened. The guy said, get in. They
[15:50.400 --> 15:57.960] chased him down. A reporter was talking to this guy. And she's obviously a Democrat,
[15:57.960 --> 16:05.720] a liberal. She said, what were you thinking after you knew what was going on? You actually
[16:05.720 --> 16:13.040] got to pick this guy up and chase this guy down. The guy leaned into the camera and said,
[16:13.040 --> 16:22.160] this is Texas. That's what we do. So a follow police walked off. We wouldn't fall into chaos.
[16:22.160 --> 16:31.240] The vast majority of the people are not mindless rabble. We might do better because these guys
[16:31.240 --> 16:37.840] start robbing places. They'll be like the guy in Georgia who heard a noise. He finds
[16:37.840 --> 16:42.840] a guy crawling through his bathroom window on the second floor, pulled out his.45 and
[16:42.840 --> 16:51.040] blew him out onto the porch. Once they get the police, we can't keep him under control.
[16:51.040 --> 16:56.520] We got other options. The liberals don't like it, but we have those options. Randy
[16:56.520 --> 17:02.280] Helton, Brett Felton, we'll be right back. Are you being harassed by debt collectors
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[19:24.320 --> 19:39.280] Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio and we're talking to Scott
[19:39.280 --> 19:48.320] in Texas. And Scott, we never did get to why you called here.
[19:48.320 --> 19:54.640] That was kind of it. I was really kind of PO'ed about my pizza. So I'm going to let
[19:54.640 --> 20:02.360] the fall lawsuit for $9.95. That's what Brett said. We'll lead in to this
[20:02.360 --> 20:08.000] issue and then go to Scott. That's probably why he called you anyway. So we got your
[20:08.000 --> 20:15.400] number, Scott. No kidding, man. That was good. Okay, do you have anything? Do you have anything
[20:15.400 --> 20:20.280] else for us? No, I'll let you get to the next caller.
[20:20.280 --> 20:27.360] Okay, thank you, Scott. Now we're going to go to Danny in Tennessee. Hello, Danny. What
[20:27.360 --> 20:34.480] do you have for us today? Well, I'd let you know about a few things
[20:34.480 --> 20:45.040] recently. I don't think that the radio audience has heard about trying to get the Chief Justice
[20:45.040 --> 20:54.440] of the Supreme Court to be my magistrate for putting in criminal complaints against various
[20:54.440 --> 21:02.880] officials in the 26th Judicial District because there's so many of them or the ones that would
[21:02.880 --> 21:08.040] be turning it into or they would be judging it or they would be investigating it that
[21:08.040 --> 21:18.000] it need to go outside this Judicial District. I got a letter back yesterday and I sent a
[21:18.000 --> 21:23.920] letter to the... Well, yeah, I sent the letter. Let you know I had put those to the clerk
[21:23.920 --> 21:31.400] of the court up there asking for a schedule with someone as a magistrate with statewide
[21:31.400 --> 21:39.160] jurisdiction. And his letter came back and basically said nothing about what I put in
[21:39.160 --> 21:47.600] there for that Chief Justice could be my lawyer, couldn't give legal advice and various different
[21:47.600 --> 21:55.880] things like that, just the whole thing. But another interesting thing, I sent that in
[21:55.880 --> 22:02.640] last week. He got it Wednesday last week. And then this Monday, I went up to the court
[22:02.640 --> 22:09.600] clerk's office to look through the files to make sure about what was there and everything.
[22:09.600 --> 22:17.240] And so I parked a good distance away from the office there and walking back and while
[22:17.240 --> 22:27.080] I was walking back, I became aware of it and stopped by a city police car. And so I got
[22:27.080 --> 22:33.960] back home and I was doing various things, kind of losing everything and see what it
[22:33.960 --> 22:39.360] was. I wasn't sure if it was this, but then I got to one place to get to a crosswalk and
[22:39.360 --> 22:46.000] getting back to where I would have been going and had seen a police car in a while. So I
[22:46.000 --> 22:52.800] was probably okay. And all of a sudden there was this police car there and he turns in
[22:52.800 --> 22:58.800] in the drive across the street where I was trying to cross to and parked stops kind of
[22:58.800 --> 23:05.280] catty corner where he can see me and he can see how to go forward and everything. So light
[23:05.280 --> 23:12.280] changes and I go across and so I made a turn, went to the grocery store right there to look
[23:12.280 --> 23:17.600] out the window to see what he was doing and he kind of went off a little bit. And so I
[23:17.600 --> 23:24.240] walked, took a little walk around, you know, some distance around and I didn't see anything.
[23:24.240 --> 23:30.880] So I was getting back towards the car and coming up on a place and I saw the front
[23:30.880 --> 23:37.400] end of a police car there close by. So I kind of backed off and went and found me a quiet
[23:37.400 --> 23:43.360] shady place to start writing notes about what I had been observing and everything. And I
[23:43.360 --> 23:49.640] was there for a little while and then all of a sudden this guy comes walking down the
[23:49.640 --> 23:54.560] sidewalk through there and kind of walks by and kind of looks at me and walks on a little
[23:54.560 --> 23:58.480] way. There's a footbridge there and he walks out on it, kind of looks around a little bit
[23:58.480 --> 24:05.760] and he walks back. And so I thought, well, I was going to go up to my car and get my
[24:05.760 --> 24:10.400] phone and camera out of it because I was going in the courtroom and I couldn't carry anything
[24:10.400 --> 24:19.920] worthwhile in. And I was feeling a little, a little, like I sagged in a little bit. So
[24:19.920 --> 24:24.480] I went to get coffee first to make sure I was good and alert for what I was about to
[24:24.480 --> 24:30.440] go do. Then I come back when I finally come back to, well, didn't see him around. I didn't
[24:30.440 --> 24:34.240] know where somebody else was around that I hadn't detected but I didn't see him around.
[24:34.240 --> 24:40.520] I get my camera and phone out. Anyway, it was about three hours that he was hanging around
[24:40.520 --> 24:46.920] me out there. So apparently, you know, it had some kind of effect. I know it's a usual
[24:46.920 --> 24:53.320] kind of effect to choose here about when I try to put the criminal complaints in and
[24:53.320 --> 24:59.240] the ones you're complaining about get word on it. But that would seem to be the, what
[24:59.240 --> 25:07.920] happened this time? Did you consider going over to his car and getting his ID?
[25:07.920 --> 25:15.280] Yeah, well, what I want to do is get the, my health, what I want to do is get my camera
[25:15.280 --> 25:20.120] and get some pictures of the car and the car number and then, you know, go do something
[25:20.120 --> 25:29.760] like that. But there's been more of what I've been accustomed to before. So I had to think
[25:29.760 --> 25:30.760] it over.
[25:30.760 --> 25:37.480] I've had that happen a lot of times. And now when I guess one followed me, I stopped when
[25:37.480 --> 25:43.480] I was in Chicago years ago. I had one following me and I forgot what the issue was. And I
[25:43.480 --> 25:49.520] turned one corner and he waited a while and then he'd come in behind me and then I turned
[25:49.520 --> 25:55.920] another corner and he turned behind me. I turned the next corner and got about a hundred
[25:55.920 --> 26:00.240] feet down, stopped the car in the middle of the road and got out and I was standing behind
[26:00.240 --> 26:08.840] my car when he come around the corner and I motioned him to pull over. Though he was
[26:08.840 --> 26:18.760] furious, the problem was he didn't stop me. I stopped him. I ruined everything. You might
[26:18.760 --> 26:26.680] try, especially when you got your camera. Someone sent me a cop watch video or a first
[26:26.680 --> 26:33.960] amendment video. This guy's videotaping a police parking lot and this guy come out and
[26:33.960 --> 26:39.040] talk to him, tried to ask him questions and he said, the guy asked the cop, have you been
[26:39.040 --> 26:47.880] doing drugs? Have you had a drug test lately? And the guy said, what? Have you been drinking?
[26:47.880 --> 26:56.080] Can I smell your breath? Will you submit to a breathalyzer? Another cop comes out and
[26:56.080 --> 27:03.000] he says, have you guys give this guy a drug test lately? Do you know if he's been drinking
[27:03.000 --> 27:15.040] on the job? Oh, it was glorious. He made him crazy. They finally took off. He might try
[27:15.040 --> 27:22.120] that, Danny. Yeah, well, one of these times, but they all decided that the way things been
[27:22.120 --> 27:28.960] going, I have to go to several quarters, quite a few issues to bring up anyway. And I don't
[27:28.960 --> 27:36.800] know if you remember me mentioning it some time back about there was a class action lawsuit
[27:36.800 --> 27:44.240] filed about the way they've picked people up and put them in jail and go by the next
[27:44.240 --> 27:52.520] day or so to put in the, swear out the complaint to get the warrant. And it's supposed to be
[27:52.520 --> 28:05.400] doing that first. Exactly. Before jail. That's one issue. Plus, they're not really authorized
[28:05.400 --> 28:13.480] to enforce in general, enforce the traffic laws. There's some special cases in the criminal
[28:13.480 --> 28:18.480] procedures where like for an accident, a few things, special situations like that, where
[28:18.480 --> 28:24.960] they bring up some things about the traffic laws that they can do then, but in general,
[28:24.960 --> 28:33.960] not. So they're doing all that. And that's another thing to bring it up. And let's see,
[28:33.960 --> 28:40.240] I can't remember his name. I've heard you talking about him, the guy that had a thing
[28:40.240 --> 28:51.360] in Tennessee and now he's in Florida. Oh, Mardishe Olivier. Yeah, Olivier. What was
[28:51.360 --> 29:01.920] it he was talking about the unconsciously based? He got his issues started because he was fined
[29:01.920 --> 29:12.840] in North Carolina and they claimed he didn't pay the fine and revoked his license. Well,
[29:12.840 --> 29:22.240] he had a license out of Virginia and he came, he was in Tennessee and Tennessee stopped him
[29:22.240 --> 29:27.760] and found that his license had been revoked in North Carolina. So they arrest him for
[29:27.760 --> 29:32.680] driving one of revoked driver's license, but he had a valid driver's license in his possession.
[29:32.680 --> 29:42.360] They didn't want to see it. The problem is, is the state of Tennessee in 1997, opted out
[29:42.360 --> 29:48.680] of the driver's license compact. So they don't get to do that. Hang on, we'll speak to that
[29:48.680 --> 29:53.720] when we come back on the other side. Randy Kelton, Brett Fountain, Rue Levoire Radio,
[29:53.720 --> 30:02.720] our call in number 512-646-1984, we'll be right back. Everyone knows that walking is great
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[33:29.200 --> 33:54.640] Okay, we are back. Reddy Kelton, Brett Fountain, Zula Blah Radio and we're talking to Danny in
[33:54.640 --> 34:13.200] Tennessee. The other thing Olivier went to was there was a Supreme Court case for a U.S.
[34:13.200 --> 34:19.440] Supreme Court case addressing one addressing Florida and the other one addressing Tennessee
[34:19.440 --> 34:34.160] that indicated that it was a constitutional violation to revoke a license for failure to pay
[34:34.160 --> 34:43.600] a fine. And that is a common practice in all the states, but the courts have ruled
[34:43.600 --> 34:51.360] this unconstitutional and that was that's the argument he was bringing.
[34:51.360 --> 34:56.240] Oh yeah, that's something I could use as well. Do you have that case somewhere you could maybe
[34:56.960 --> 35:04.640] No, he was going to send it to me and I never got him. He kind of drops out of sight on occasion.
[35:04.640 --> 35:14.400] So I don't have I can go through all of his emails. It might be there might be links to it
[35:14.400 --> 35:21.600] in there somewhere. I seem to remember there were but it was quite a while ago and I get a lot of
[35:21.600 --> 35:28.800] emails and Outlook has upgraded and you can no longer search your emails. They took that out
[35:28.800 --> 35:36.160] for some reason and I use that more than anything. So now it's really hard for me to find you know
[35:36.160 --> 35:41.760] all the emails. I can't search all the emails somebody sent me anymore. So I'm trying to find
[35:41.760 --> 35:50.400] a way to undo the upgrade so I can get back all of my and it didn't import my contacts really
[35:50.400 --> 36:02.240] messed things up. So it's been difficult. I have got a guy wanting to see the administrative
[36:02.240 --> 36:08.400] procedures brief on these unconstitutional orders and I can't find that one either.
[36:09.600 --> 36:15.600] So if I cross it I'll set it aside so I can get it to you. Okay.
[36:15.600 --> 36:19.280] Okay. Do you have anything else for us Danny?
[36:20.240 --> 36:29.920] Well worries not asking about the unconstitutionally vague is because of the definition of vehicle.
[36:29.920 --> 36:38.320] My reading of it is a implement of commerce the way they have defined it and there's no
[36:38.320 --> 36:46.800] obligation for you to put your car into that status. And so you know that it comes up by
[36:46.800 --> 36:55.120] getting the plate and the registration. And that's a good reason to file with the Department
[36:55.120 --> 37:02.960] of Transportation and get a DOT number. And in the application there is a place to check
[37:02.960 --> 37:11.040] private operator not in commerce. And that's primarily done for guys I have a friend who
[37:11.040 --> 37:21.440] does excavation. And in support of his business he has to haul dirt. But he doesn't haul dirt
[37:21.440 --> 37:28.640] as a business. He's an excavator and a landscaper. That's what he does for a business.
[37:28.640 --> 37:36.960] And hauling dirt is a necessary evil. The more dirty he hauls the more it costs him
[37:36.960 --> 37:42.160] doing the job. He doesn't get paid directly for that. He's paid for something else. So he's not
[37:42.160 --> 37:51.760] in commerce and he has since put on his vehicle not for hire. And he said when he did that they
[37:51.760 --> 37:58.960] stopped stopping him. They used to stop him and inspect him regularly. But they said the last
[37:58.960 --> 38:09.200] time he got stopped there's a real old cop and a young cop. And the real old cop stopped Jerry so
[38:09.200 --> 38:18.080] he could demonstrate to the young cop why you don't stop these guys. They're not in commerce so they
[38:18.080 --> 38:26.720] don't fall under the transportation code. So you could do that. And I used to have one on my
[38:28.080 --> 38:34.400] personal vehicle. And every time I got stopped I'd ask the officer did you happen to notice that
[38:34.400 --> 38:41.760] DOT number back there? Every time they would say no. So you might want to go back there and look at
[38:41.760 --> 38:51.200] it and then run it on your computer. And I never got a ticket when I did that. They always come
[38:51.200 --> 38:57.760] back and give me a warning and went away and left me alone. They knew. Well what if you had that
[38:57.760 --> 39:02.320] and had expired registration? Well I know you had stories about expired registration but expired
[39:02.320 --> 39:08.560] registration because the way I look at it there's no requirement to register the car and have a
[39:08.560 --> 39:15.280] plate on it unless you're going to use it as a vehicle. That is the implement of commerce on the
[39:15.280 --> 39:24.080] highway. That's true. And there is no requirement. But in the real world we live in you'll be pulled
[39:24.080 --> 39:29.680] over and ticketed constantly. Yeah because the trick is you might know you might realize that but
[39:29.680 --> 39:35.440] they haven't ever read it. They haven't looked at it. They don't know. That's a fight if you want to
[39:35.440 --> 39:41.840] have it. I have registered. Well I don't have registration now. It's only a few months out.
[39:42.800 --> 39:50.880] I had a police. 17. No no that was the last time. It was March. It went out. And I never
[39:50.880 --> 39:56.960] I bought that when I bought the last one I never put it on the window. Second time I got stopped
[39:56.960 --> 40:05.040] in Bridgeport Texas. Same cop. He said I stopped you before. Yeah you did. I said why did you stop
[40:05.040 --> 40:15.760] me this time. Well you don't have registration on your car. Oh shame on you. You can even if you
[40:15.760 --> 40:22.000] had authority to enforce transportation code you can only pull somebody over for a violation of
[40:22.000 --> 40:28.720] section C and registrations of violation of section B. He said do you have registration. I said yes
[40:28.720 --> 40:34.400] over here glove compartment. Well why don't you put it on your window. Well so I can get guys to
[40:34.400 --> 40:43.600] pull me over for not having it just just like you just did. In Texas it is an offense not to
[40:43.600 --> 40:50.960] display a safety sticker. Well it was an offense. Now they don't have safety stickers anymore.
[40:51.840 --> 40:57.280] The computers got better so they can before they sell you plates they check to see if you have a
[40:57.280 --> 41:04.960] valid safety inspection. So you don't have to have one at all. It was never a violation not to
[41:04.960 --> 41:12.880] display registration. It was a violation not to have registration. So I stood in my glove compartment.
[41:14.320 --> 41:22.000] If I can sucker a cop into pulling me over for not displaying registration I call 911 on him.
[41:22.000 --> 41:32.240] I want him arrested. But this guy was from the city where my son-in-law is a JP and I told him
[41:32.240 --> 41:36.480] I just did that to get guys to pull you over like that and I don't want to have this fight
[41:37.520 --> 41:44.400] but I don't want to have this fight here. The first time he pulled me over I told him
[41:44.400 --> 41:54.240] you got to ask yourself something. Do you really want to write me a ticket? He went back to his car
[41:54.240 --> 41:59.520] come back about 30 seconds later and said here get out of here I got another call and he took off.
[42:02.320 --> 42:11.120] So but yeah okay you don't have to show registration and I don't have to have that
[42:11.120 --> 42:19.840] license on my vehicle but it's not a fight I want to have. I can spend all of my time in
[42:19.840 --> 42:25.840] these corrupt courts until I get my traffic side up and work in where I want it to. I don't want
[42:25.840 --> 42:35.120] to have this fight. Once I get that this get it up then I will but anyway right I can't get anybody
[42:35.120 --> 42:43.840] to help me build it so just have to wait till I get to it. Well I started off in this direction
[42:43.840 --> 42:51.120] about you know I was asking about the unconstitutionally vague and bringing up the definition of vehicle
[42:51.120 --> 42:58.240] because the police don't really understand what it means because it has particular conditions by
[42:58.240 --> 43:06.320] which a device is what it has in the definition or the car pickup truck certain conditions by
[43:06.320 --> 43:19.120] which it is considered a vehicle and ask them to explain what they observed about the car
[43:19.120 --> 43:25.200] that caused them to conclude that it satisfied the requirements for the legal status of vehicle
[43:25.200 --> 43:30.480] like that no idea what you're asking. And that's when you need them recorded
[43:33.280 --> 43:41.680] because that's evidence you get to use. The police will claim that they don't have to know the law
[43:42.720 --> 43:50.640] well maybe but if you violate one and the violation is a criminal act in that case you have to know
[43:50.640 --> 43:56.800] it. Hang on I'd like to go to our sponsors Brent Helton, Brett Fountain, Wheel of Law radio we'll be
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[46:26.400 --> 46:43.200] Okay, we are back. Randy Kelton, Brett Fountain, rule of law radio, and we're talking to Danny in
[46:43.200 --> 46:53.600] Tennessee. Okay, we were talking about the vehicle and the definitions of terms. And that the police
[46:53.600 --> 46:58.880] don't have to know the law. And actually it's the prosecutors who sometimes are the ones who pipe
[46:58.880 --> 47:07.280] up and say that. Try to keep the cop from looking embarrassed. And that's, I worked up an argument
[47:07.280 --> 47:13.840] for that. I've heard it so many times. Perhaps he doesn't have to know the law and that's okay
[47:13.840 --> 47:20.080] so long as he doesn't violate any law. But if an officer exerts a proportion to exert an authority
[47:20.080 --> 47:27.600] he does not express for have, the fact that he doesn't know he doesn't have it as goes to a defense
[47:27.600 --> 47:36.880] to prostitution is irrelevant. And you, this same prosecutor, will be very quick to tell a prosay
[47:36.880 --> 47:44.400] litigant that ignorance of the law is not a defense. So the policeman is in the same position.
[47:44.400 --> 47:53.680] So any such argument is ingenious. That's my story and I'm sticking to it.
[47:55.120 --> 48:00.080] Well, anyway, I thought as long as the one to federal court for these other things to bring
[48:00.080 --> 48:08.640] that up as unconstitutionally vague and to get the that court to expound just what it means.
[48:08.640 --> 48:16.240] Because even the police who's trying to enforce these laws don't understand it. And I got four
[48:16.240 --> 48:23.360] examples where I couldn't answer a question about why they decided to qualify as a vehicle.
[48:24.880 --> 48:30.320] Because the officer calls it a vehicle objection assumes facts not an evidence.
[48:30.320 --> 48:39.280] Yes. Okay. That'll draw a question. What facts not an evidence does it assume?
[48:42.240 --> 48:48.400] You know how to answer that one, Danny. I just blow over and don't, you know, just don't pay attention
[48:48.400 --> 48:59.040] to it. Well, so what we need to do is file criminal charges against them every time they
[48:59.040 --> 49:06.480] inch just a little bit across the legal line. That's what they do to you. Oh, you were weaving
[49:06.480 --> 49:16.400] and at one point your wheels touched the yellow lot. Oh, is that a fact check? Well, you were
[49:16.400 --> 49:21.040] exerting or reporting to exert authority you didn't especially have and you're doing it while
[49:21.040 --> 49:27.840] you're a prominent display of a deadly weapon. That's a lot worse than let your wheels touch
[49:27.840 --> 49:37.120] the yellow line. So this time we took it back to the police. Danny, how many criminal complaints
[49:37.120 --> 49:46.000] have you filed so far? Well, what I sent up to the to the clerk of the appellate courts was
[49:46.000 --> 49:52.720] two dozen. And I got others. Those are just the higher level officials. I got other against the
[49:52.720 --> 50:00.080] the police. But I was trying to get Danny's in Tennessee.
[50:01.360 --> 50:09.600] Danny's in Tennessee in Tennessee has this great law. If you file a criminal complaint against
[50:09.600 --> 50:18.240] a public official for a look at when I read the law, Danny, I don't remember it distinguishing.
[50:18.240 --> 50:25.760] It said if you file a complaint against a public official for a crime committed
[50:26.480 --> 50:32.640] while they're in office, that that doesn't go to the prosecutor that are the judge that goes to
[50:32.640 --> 50:39.840] the grand jury. You want to talk to you about that you you indicated that it only applied to
[50:39.840 --> 50:49.520] acts under the color of official capacity. But if you found that in the code or in the language of
[50:49.520 --> 50:59.120] the law. No, what I found that for was official pressure and official misconduct. Those two.
[51:00.000 --> 51:05.680] When I read the code, I didn't see that. Well, I sent it to you once. I can do it again.
[51:05.680 --> 51:15.600] Okay. Okay. Then even so, because that I remember reading it and I was just thrilled when I saw it
[51:17.440 --> 51:23.760] that even if there is that restriction for official capacity, that's probably a good thing.
[51:25.040 --> 51:33.360] But this is primarily what we tend to file are complaints that the public official failed to
[51:33.360 --> 51:41.280] act in a the public official was acting under the color of their authority. So in this in those
[51:41.280 --> 51:52.480] cases, it would always go to grand jury. And that was deliberately carved out to take the
[51:52.480 --> 52:02.080] prosecutors and the judges and all of them out of the loop. The statute says that you petitioned
[52:02.080 --> 52:12.000] the grand jury and you get to bring your complaint to the foreman and two grand jurors of your choice.
[52:13.520 --> 52:17.040] So they don't get to pick the ones that hear your complaint.
[52:19.120 --> 52:22.800] Well, apparently the foreman they do is chosen by the judge.
[52:22.800 --> 52:32.720] Yeah, the court, the foreman is the only one, but you get to pick two others that they have no say over.
[52:32.720 --> 52:41.280] I haven't seen anything that definitive that grants absolute access to a grand jury in any state
[52:41.280 --> 52:50.000] other than Tennessee. It may be there because I haven't searched every state statute that closely,
[52:50.000 --> 52:53.680] but I was amazed to find that there. That is powerful.
[52:57.200 --> 53:02.960] Yeah, but David Tullis and you know, the radio host in Chattanooga on your show once,
[53:05.200 --> 53:13.520] he complains about this a lot that, you know, that's inner that, you know, cause in Chattanooga,
[53:13.520 --> 53:18.000] it's like always this lawyer like always the same guy the way he's talking about it.
[53:18.000 --> 53:23.520] Okay, there's probably something you can do about that.
[53:24.800 --> 53:29.440] Yeah, well, he's working on things, but that's Chattanooga not here.
[53:30.320 --> 53:35.680] Yeah, I want to get back to him because I want to set up a traffic site for him in Tennessee.
[53:38.240 --> 53:44.160] But I have these so many projects going. I need to get one finished. I'm about to finish my
[53:44.160 --> 53:50.240] sweeper project, at least get it launched. And then I'll be able to hire people to do a lot of
[53:50.240 --> 53:58.160] this stuff I'm doing. It'll give me more time. Then I can go to these more interesting pursuits.
[53:58.160 --> 54:05.120] I think right now with the corona coronavirus issue, it is a great opportunity to get these
[54:05.120 --> 54:14.400] tools launched because we have a lot of people out there looking for exactly the kind of remedy that
[54:14.400 --> 54:21.280] these tools will be able to bring to them. I just don't have enough hours in the day to get it all
[54:21.280 --> 54:28.320] done. I've been trying to get people to help with it, but I haven't been had much luck with that.
[54:28.320 --> 54:33.920] Anyway, do you have anything else for us, Danny?
[54:35.120 --> 54:37.600] No, I guess that's all for now.
[54:39.440 --> 54:45.840] Okay. Thank you, Danny. Now we're going to go to Tina in California. Hello, Tina.
[54:47.360 --> 54:49.120] What do you have for us today?
[54:49.120 --> 54:59.600] Well, I have a question for you. I sent you today which something you might not have had time to
[54:59.600 --> 55:08.960] look at. And I need a little help understanding who this might apply to. It's about false
[55:08.960 --> 55:17.600] statements and documents. And false statements and documents section 101 of Title 18 of the U.S.
[55:17.600 --> 55:24.000] Code provides that fines and terms of imprisonment may be imposed upon
[55:24.000 --> 55:33.680] whoever in any matter within the jurisdiction of the executive, legislative, or judicial branch
[55:33.680 --> 55:41.040] of the government of the U.S., knowingly and willfully, falsifies, conceals, or covers up by
[55:41.040 --> 55:49.040] any trick, scheme, or device. A material fact makes any materially false, fictitious, or fraudulent
[55:49.040 --> 55:57.200] statement or representation or three makes or uses any false writing or document knowing the
[55:57.200 --> 56:01.920] same to contain any materially false, fictitious, or fraudulent statement.
[56:01.920 --> 56:11.520] And then it goes on to say section 1519 provides that fines and terms of imprisonment may be imposed
[56:11.520 --> 56:22.240] upon whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false
[56:22.240 --> 56:29.520] entry in any record or document with intent to impede, obstruct, or influence the investigation
[56:29.520 --> 56:36.080] or proper administration of any matter within the jurisdiction of any department or agency of the U.S.
[56:38.000 --> 56:44.080] How do I know that I interpret that to know who that covers?
[56:49.040 --> 56:55.920] That would cover anyone. This wasn't restricted just to public officials. Lawyers,
[56:55.920 --> 57:04.320] lawyers, clients, because what the lawyer does is imputed to have been done by the client,
[57:06.080 --> 57:13.840] falsifies, conceals, or covers up by any trick, scheme, or device, a material fact
[57:14.880 --> 57:20.640] makes any material false, fictitious, or fraudulent statement or representation.
[57:20.640 --> 57:23.040] I think that would apply to every living lawyer.
[57:23.040 --> 57:28.320] Well, that's what I was thinking.
[57:30.560 --> 57:31.360] Good point.
[57:34.640 --> 57:44.800] Good one, Matt. So when, in my case, some of the lawyers have submitted false
[57:44.800 --> 57:52.960] documents, which is F violation of California Penal Code, just to submit them. They don't
[57:52.960 --> 57:56.960] even have to know their fault just submitting them because they have a duty to figure it out.
[57:57.520 --> 58:00.320] So this would cover any false statement they make?
[58:01.120 --> 58:10.080] No, you can't get to, if I've heard this right, this was specifically federal.
[58:10.080 --> 58:15.680] Let's see. Let's see the end of it. Shall we, okay.
[58:18.000 --> 58:21.280] Let's see. There's false writing and blah, blah, blah. Shall we find
[58:23.040 --> 58:29.520] fraudulent statement or entry. I thought you heard that you said in any federal court,
[58:31.280 --> 58:36.400] a court or any federal agency, shall we find out?
[58:36.400 --> 58:42.160] The jurisdiction of the executive legislative or judicial branch of the government.
[58:45.440 --> 58:49.280] That implies the federal government.
[58:50.080 --> 58:54.000] Would you like to make more definite progress in your walk with God?
[58:54.000 --> 58:59.600] Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.600 --> 59:04.320] can really help. The New Testament recovery version is one of the most comprehensive study
[59:04.320 --> 59:09.920] Bibles available today. It's an accurate translation and it contains thousands of footnotes that will
[59:09.920 --> 59:15.920] help you to know God and to know the meaning of life. The free books are a three-volume set called
[59:15.920 --> 59:21.280] basic elements of the Christian life. Chapter by chapter, basic elements of the Christian life
[59:21.280 --> 59:27.680] clearly presents God's plan of salvation, growing in Christ and how to build up the church,
[59:27.680 --> 59:33.200] to order your free New Testament recovery version and basic elements of the Christian life.
[59:33.200 --> 59:48.960] Call Bibles for America toll free at 888-551-0102. That's 888-551-0102 or visit us online at bfa.org.
[59:52.080 --> 59:58.240] You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[59:58.240 --> 01:00:04.400] The following news flash is brought to you by The Lone Star Lowdown.
[01:00:06.240 --> 01:00:12.880] Markets for Monday the 22nd of July 2019 open with precious metals, gold at $1,429 an ounce,
[01:00:12.880 --> 01:00:20.640] silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.63 a barrel,
[01:00:20.640 --> 01:00:28.960] Brent crude $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52,
[01:00:28.960 --> 01:00:41.360] Ethereum $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[01:00:41.360 --> 01:00:51.520] Today in History, the year 1916, the Preparedness Day bombing, a Thai suitcase bomb,
[01:00:51.520 --> 01:00:57.360] was detonated on Market Street in San Francisco during the World War I Preparedness Day Parade,
[01:00:57.360 --> 01:01:00.240] killing 10 and entering 40. Today in History.
[01:01:04.400 --> 01:01:08.960] In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing
[01:01:08.960 --> 01:01:13.600] hemp into Texas law back in June, county prosecutors around the state, including Houston,
[01:01:13.600 --> 01:01:17.680] Austin, and San Antonio, have been dropping marijuana possession charges and even refusing
[01:01:17.680 --> 01:01:22.160] to file new ones, since they are stipulating that they do not have the time or the laboratory
[01:01:22.160 --> 01:01:27.040] equipment to test the herb for THC. Margaret Moore, the Travis County District Attorney,
[01:01:27.040 --> 01:01:31.040] announced earlier this month that she was dismissing 32 felony possession and delivery
[01:01:31.040 --> 01:01:35.360] of marijuana cases because of the law. Mr. Abbott and other state officials,
[01:01:35.360 --> 01:01:39.360] including the Attorney General, stipulated in a letter that county district attorneys back on
[01:01:39.360 --> 01:01:44.480] Thursday that marijuana has not been decriminalized in Texas and that these actions demonstrate a
[01:01:44.480 --> 01:01:50.960] misunderstanding of how HB 1325 works, as well as other cities, too, like the district attorney.
[01:01:50.960 --> 01:01:56.960] In El Paso, Kaima Esparza, a Democrat who also stated earlier this month that the law,
[01:01:56.960 --> 01:02:01.680] quote, will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:01.680 --> 01:02:06.640] However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[01:02:06.640 --> 01:02:10.720] in Harris County, who stated that, quote, the law is constantly changing on what makes
[01:02:10.720 --> 01:02:15.200] something illegal based on its chemical makeup. It's important that if someone is charged with
[01:02:15.200 --> 01:02:24.560] something, the test matches what they're charged with. A paper by Tulane University identified
[01:02:24.560 --> 01:02:29.920] a five and a half inch American pocket shark as the first of its kind in the Gulf of Mexico,
[01:02:29.920 --> 01:02:35.440] the specimen being only the second pocket shark ever captured or recorded with the other one
[01:02:35.440 --> 01:02:40.480] being found way back in 1979 in the East Pacific Ocean. According to the university paper,
[01:02:40.480 --> 01:02:46.560] the shark secretes a luminous fluid from a gland near its front fins for the purposes
[01:02:46.560 --> 01:02:50.320] hypothesized to lure and prey who may be drawn into the glow.
[01:02:50.320 --> 01:02:57.920] This is Work Roadie with your lowdown for July 22, 2019.
[01:03:20.320 --> 01:03:49.360] Okay, we were having too much fun on the break. Randy Kelton, Brett Fountain, Rudola Radio,
[01:03:49.360 --> 01:03:56.400] you guys missed the best part. The best part goes on on the breaks. I tell all these really funny
[01:03:56.400 --> 01:04:03.920] jokes and Brett never laughs. But I do push the button that has the laughter, right?
[01:04:06.800 --> 01:04:16.640] Okay, we were talking to Tina in California. Okay, we were looking at that and yes,
[01:04:16.640 --> 01:04:24.160] over the break I looked at that statute and it specifically, that's a specific federal statute
[01:04:24.960 --> 01:04:38.560] does not apply in the state. But every state essentially has statutes that outlaw perjury
[01:04:38.560 --> 01:04:48.880] and all of this goes to perjury. Like in paragraph A, subsection two. Now, subsection
[01:04:50.320 --> 01:04:57.840] one says falsifies conceals and covers up by any trick scheme or device a material fact.
[01:04:59.920 --> 01:05:06.800] And two says makes any materially false fictitious or fraudulent statement. If I go into court
[01:05:06.800 --> 01:05:14.000] and the court looks at me like the judge did a nasal when I told him his name was
[01:05:14.000 --> 01:05:18.960] his name was just dead man and I told him when he called me up, I looked down in his name tag
[01:05:18.960 --> 01:05:27.360] and I said, judge dead man. I seem to I'm sorry, headman. I seem to remember a judge headman
[01:05:27.360 --> 01:05:33.920] and nasal, but I don't remember him having that much gray hair. And he looked at me and he said,
[01:05:33.920 --> 01:05:39.360] yes, Mr. Keltland. I don't remember your belly being that big. Well, I thought he is lying about
[01:05:39.360 --> 01:05:46.160] how big my belly was. Well, even if he was lying about how big my belly was, didn't matter
[01:05:47.520 --> 01:05:54.640] because that wasn't an issue before the court. And even if his hair wasn't as gray as I said it was,
[01:05:55.280 --> 01:06:01.920] that wasn't an issue before the court. It wasn't material. The only thing, you know,
[01:06:01.920 --> 01:06:09.680] if I go into court and I lie like a dog, but it's I don't lie about something that
[01:06:09.680 --> 01:06:20.640] matters to the issue before the court. That's not perjury. But every state has a law that
[01:06:20.640 --> 01:06:33.760] essentially mimics this one. Tina, have you looked up perjury in California law? Yes, and it's very
[01:06:33.760 --> 01:06:44.960] similar. Frankly, this is the most complete. I really like this one because it's far more
[01:06:44.960 --> 01:06:55.120] complete and involved than most of the states. But they all have laws against perjury and aggravated
[01:06:55.120 --> 01:07:10.000] perjury. Now, if your case is that say the bank takes your case from state court to federal court,
[01:07:10.000 --> 01:07:18.320] then any statement they make in the federal court will apply. If they make the statement
[01:07:18.320 --> 01:07:25.440] in the federal court, but if you bring a statement out of the state court into the federal court,
[01:07:27.040 --> 01:07:34.160] then the federal court has no power to declare that to be perjury or to declare that to fall
[01:07:34.160 --> 01:07:43.920] under 80 U.S. Code 101. If you commit perjury in the state court, it has no effect on the
[01:07:43.920 --> 01:07:50.960] federal court. You have to commit that perjury in the federal court. Is the distinction I'm making
[01:07:50.960 --> 01:08:03.360] clear? Yeah, I think so. But it goes to Rucker Feldman. Rucker Feldman is the one that says
[01:08:03.360 --> 01:08:10.160] the federal court will not interfere with the state courts. We had a case here in a
[01:08:11.040 --> 01:08:16.480] mall I used to go to all the time. It was a relatively large indoor mall, but they wanted
[01:08:16.480 --> 01:08:22.800] to expand the mall south for half a mile. But there was a housing development there and these
[01:08:22.800 --> 01:08:28.720] people didn't want to sell their houses. So they went to the city and got the city to condemn all
[01:08:28.720 --> 01:08:37.040] these properties and take them under imminent domain. And this city's group of homeowners
[01:08:38.560 --> 01:08:47.120] fought this all the way to the U.S. Supreme. And the U.S. Supreme agreed that they felt like
[01:08:47.120 --> 01:08:57.280] this was an improper taking. However, this was a matter for the state. It's not the federal
[01:08:57.280 --> 01:09:07.680] court's business that if the citizens of the state of Texas felt that these laws were improper or
[01:09:07.680 --> 01:09:15.840] unjust, it is up to the state, the citizens to get those laws changed. It's not the place of the
[01:09:15.840 --> 01:09:23.440] federal government to come down and interfere with the business of the states. And while it was
[01:09:23.440 --> 01:09:31.040] horrible that they took away all these people's properties that they've owned forever, the reason
[01:09:31.040 --> 01:09:36.320] they were able to take it is because if they termed it commercial, it would generate more tax
[01:09:36.320 --> 01:09:45.280] revenue. And the Texas says the city can take property if they can convert it to a use that
[01:09:45.280 --> 01:09:53.360] draws more revenue. Now, that sounds horribly unconstitutional. But it's not in Texas.
[01:09:55.840 --> 01:10:01.040] And what the Supreme Court said, if you don't like that law, you're going to have to change it.
[01:10:01.040 --> 01:10:07.840] Don't ask us to intervene. That's Rooker Feldman. So if they lie in the state court,
[01:10:08.480 --> 01:10:11.680] you can't bring that lie into the federal court. They have to
[01:10:11.680 --> 01:10:19.920] bring in lie in the federal court themselves. But every state has a similar statute on perjury.
[01:10:19.920 --> 01:10:25.200] Okay, Tina, I've kind of hoodwinked you or hijacked you there. Okay.
[01:10:26.800 --> 01:10:33.760] Before you get too far, I might just, some of that that is about perjury and some of it might also
[01:10:33.760 --> 01:10:40.640] go to tampering, either tampering or destroying of a record. Just keep your eye out for that.
[01:10:40.640 --> 01:10:46.560] Yes. And most states have that. And there was one thing that I thought of and lost that thread.
[01:10:46.560 --> 01:10:54.560] And thank you, Brett, for stopping me because the one thing it may go to is due process.
[01:10:56.560 --> 01:11:08.000] While lying in the state court is not a federal crime. If you lie in the state court and that lie
[01:11:08.000 --> 01:11:15.840] has the effect of denying you in the due course of the laws, then you may be able to drag it
[01:11:15.840 --> 01:11:24.640] into the federal court under 18 U.S. Code 242. Okay. Did that make sense?
[01:11:26.400 --> 01:11:36.080] That makes sense. So let me ask you two more questions. In one, if in the most recent case
[01:11:36.080 --> 01:11:44.080] of mine, they submitted documents from prior cases, which they did, they bought in all this
[01:11:44.080 --> 01:11:48.960] requested judicial notice of this case and this case and this case. If they bought it back in
[01:11:49.840 --> 01:11:56.880] and submitted it into my case and it contains false statements. Got them. That's your limitation
[01:11:56.880 --> 01:12:04.400] start. Yes. Now you got them. They've just resubmitted it. Yes. If they submit part your
[01:12:04.400 --> 01:12:09.600] testimony from the state court into the federal court, now they've committed perjury in the
[01:12:09.600 --> 01:12:16.160] federal court. But if they boarded into the state court again, so they took it from the state court
[01:12:16.880 --> 01:12:24.800] from prior cases and they've just resubmitted it under request for judicial notice in my recent
[01:12:24.800 --> 01:12:36.240] case, then it's brand new, you know, claim, right? Okay. Was this recent case federal? No. State.
[01:12:37.120 --> 01:12:44.080] Okay. So you have. State, California. Okay. Those are two separate offenses.
[01:12:46.160 --> 01:12:53.280] When they originally entered the perjured statement, that was an offense. When they brought
[01:12:53.280 --> 01:12:58.880] those perjured statements and filed them in another case, that was another offense.
[01:13:00.240 --> 01:13:06.160] Okay. Good. Because that runs the statute of limitations further out.
[01:13:09.360 --> 01:13:15.760] There's more to tolling the statute of limitations. But the fact that this is
[01:13:15.760 --> 01:13:29.280] in the courts, there are some issues that told or that stopped the tolling of limitations
[01:13:29.840 --> 01:13:38.400] having to do with courts. One thing for certain, if a judge is in his official capacity and he
[01:13:38.400 --> 01:13:47.840] commits a criminal act while acting within his official capacity, the Gaylord case out of Chicago,
[01:13:49.200 --> 01:13:58.080] corrupt judge, been in office 20 years, the feds pulled a sting on him. And when they prosecuted him,
[01:13:58.080 --> 01:14:06.160] they went after went back from the time he became a judge to the present. And he complained. He
[01:14:06.160 --> 01:14:12.800] raised statute of limitations. And the federal supreme said, no, if you are a federal judge,
[01:14:12.800 --> 01:14:18.560] if you're a judge, you are in a position to shield yourself from prosecution.
[01:14:19.680 --> 01:14:28.960] Therefore, the limitations do not start to run until you relinquish your position of power.
[01:14:28.960 --> 01:14:41.920] So as long as the judge is a judge, he still has this issue. Now, can we bring this to a lawyer?
[01:14:44.000 --> 01:14:51.920] They're saying that in the Gaylord case, and Gaylord, Brett, you'll notice I pulled it out.
[01:14:51.920 --> 01:15:00.160] I've been trying to pull that name out for months, and I never could remember it. I stopped out.
[01:15:00.160 --> 01:15:10.320] I started taking Zinc. The first day I took Zinc, my memory improved dramatically.
[01:15:12.160 --> 01:15:20.400] I've never had anything have immediate effects like Zinc did. Anyway, I was able to actually
[01:15:20.400 --> 01:15:25.920] able to pull out the Gaylord case. As long as the judge is in his position,
[01:15:27.840 --> 01:15:34.640] the statute of limitations doesn't run. So we have a lawyer, and because of his
[01:15:35.680 --> 01:15:42.720] capacity as a lawyer, it gives him a special relationship with the courts
[01:15:42.720 --> 01:15:53.360] and would have the effect, the similar effect as being a judge who has influence over everybody
[01:15:53.360 --> 01:16:03.840] under him. A lawyer who works with judges and prosecutors would seem to have a similar
[01:16:04.720 --> 01:16:11.600] relationship that would give him a special capacity to shield himself from prosecution.
[01:16:11.600 --> 01:16:19.280] So we could argue that as long as the lawyer is a lawyer and dealing with the same people,
[01:16:20.080 --> 01:16:26.320] he enjoys a certain protection that should hold the statute of limitations.
[01:16:28.640 --> 01:16:34.720] We might not win that one, but we can really give them a good fight, a fight they're not
[01:16:34.720 --> 01:16:41.840] going to want to have. I don't think any lawyer would want to risk the possibility that a court
[01:16:41.840 --> 01:16:47.280] might agree with them. And then they'll make you a deal and go away. Hang on, we're about to go
[01:16:47.280 --> 01:16:55.840] to our sponsors. Randy Kelton, Brett Fountain, Lula Blah Radio, a call in number 512-646-1984,
[01:16:56.560 --> 01:17:03.680] we'll be right back. Are you being harassed by debt collectors with phone calls, letters,
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[01:17:25.920 --> 01:17:30.560] calls, how to get debt collectors out of your credit report, how to turn the financial tables
[01:17:30.560 --> 01:17:36.640] on them and make them pay you to go away. The Michael Merris Proven Method is the solution
[01:17:36.640 --> 01:17:41.280] for how to stop debt collectors. Personal consultation is available as well. For more
[01:17:41.280 --> 01:17:46.560] information, please visit ruleoflawradio.com and click on the blue Michael Merris banner
[01:17:46.560 --> 01:17:56.000] or email Michael Merris at yahoo.com. That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s
[01:17:56.000 --> 01:18:02.160] at yahoo.com to learn how to stop debt collectors now. I love Logos. Without the shows on this
[01:18:02.160 --> 01:18:06.800] network, I'd be almost as ignorant as my friends. I'm so addicted to the truth now that there's no
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[01:18:12.320 --> 01:18:16.480] network on the air. I'd love to volunteer as a show producer but I'm a bit of a Luddite and I
[01:18:16.480 --> 01:18:22.080] really don't have any money to give because I spent it all on supplement. How can I help Logos?
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[01:18:27.280 --> 01:18:32.000] ordering your supplies or holiday gifts. First thing you do is clear your cookies. Now,
[01:18:32.000 --> 01:18:38.960] go to LogosRadioNetwork.com. Click on the Amazon logo and bookmark it. Now, when you order anything
[01:18:38.960 --> 01:18:45.440] from Amazon, you use that link and Logos gets a few pesos. Do I pay extra? No. Do you have to do
[01:18:45.440 --> 01:18:52.400] anything different when I order? No. Can I use my Amazon Prime? No. I mean yes. Wow. Giving without
[01:18:52.400 --> 01:18:58.800] doing anything or spending any money. This is perfect. Thank you so much. We are Logos. Happy
[01:18:58.800 --> 01:19:17.280] holidays, Logos. This is the Logos for Logos RadioNetwork. Oh, come on.
[01:19:28.800 --> 01:19:31.280] Every single day.
[01:19:35.680 --> 01:19:39.280] If I can't get everything I want,
[01:19:41.040 --> 01:19:43.280] you can arrange it.
[01:19:46.960 --> 01:19:49.280] If I can't get everything I need,
[01:19:52.000 --> 01:19:53.280] you can arrange it.
[01:19:53.280 --> 01:20:01.760] If the people of the world can't get happiness and peace,
[01:20:01.760 --> 01:20:05.760] you can never get arranged it.
[01:20:09.760 --> 01:20:13.760] If we can't get all these crazy wars to see,
[01:20:13.760 --> 01:20:15.760] you can never get arranged it.
[01:20:15.760 --> 01:20:28.240] Yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah.
[01:20:32.240 --> 01:20:36.240] Look for a little bit of space in your home.
[01:20:36.240 --> 01:20:47.600] Look at a ranger. Okay, we are back with Kelton, Brett Fountain, Ruvelaw Radio,
[01:20:47.600 --> 01:20:52.880] and we were just discussing on the break how Jesus had to have a sense of humor.
[01:20:54.080 --> 01:21:02.480] I mean, God's got to have one. He made one after all. He gave us one, but everybody seems to think
[01:21:02.480 --> 01:21:10.480] mine is defective. And I just think mine's better than everybody else's. Okay, Tina,
[01:21:10.480 --> 01:21:13.600] what do you think? Do you find me as funny as I do?
[01:21:15.440 --> 01:21:18.080] Well, that all depends on you today and what you're saying.
[01:21:19.280 --> 01:21:29.280] Nah, she's a woman. Women never find guys as funny as guys do. It's a strange phenomenon.
[01:21:29.280 --> 01:21:33.840] Oh, okay, we were having too much fun on the break.
[01:21:33.840 --> 01:21:35.520] She's just going to call you Cherlish.
[01:21:36.320 --> 01:21:36.800] Cherlish.
[01:21:42.640 --> 01:21:46.080] Okay, I was having too much fun. I lost track of where we're at.
[01:21:48.160 --> 01:21:53.840] We're talking about perjury. Where were you going to use this, Tina?
[01:21:53.840 --> 01:22:01.440] Well, I was just going to file one of these complaints about this attorney that keeps using
[01:22:01.440 --> 01:22:06.080] the perjury himself and using false documents and all that kind of stuff.
[01:22:06.080 --> 01:22:12.160] I was going to use it against him and the Nilderers. And also,
[01:22:14.240 --> 01:22:17.280] I've got this case in bankruptcy court right now where this
[01:22:17.280 --> 01:22:28.560] couple who owned a consignment store, they took everybody's property. They kept saying
[01:22:28.560 --> 01:22:33.840] they were moving and they were getting a new place. Well, they closed up because they got evicted
[01:22:34.480 --> 01:22:41.920] and just either kept some of the property or some of it they put into an auction
[01:22:41.920 --> 01:22:48.880] and then kept the money and said, oh, well, it was in my store for 60 days, so it was mine.
[01:22:49.520 --> 01:23:02.000] And she filed bankruptcy to get rid of all that, including over 100,000 of the IRS and state tax
[01:23:02.000 --> 01:23:10.560] and sales tax and such like. So, I filed an adversary proceeding in next bankruptcy to stop
[01:23:10.560 --> 01:23:16.640] that. And she's got an attorney for the bankruptcy but not for the adversary part.
[01:23:17.280 --> 01:23:22.960] And so far, I've tied her up in a few knots, which is good, even though I'm still learning
[01:23:22.960 --> 01:23:31.440] what to do myself. But I, there's a few of us trying to get the trustee to stop giving her
[01:23:31.440 --> 01:23:39.520] this bankruptcy to stop the discharge. And because she's also in state court for bad check writing,
[01:23:39.520 --> 01:23:45.360] she's been investigated for the DA. And I just sent off a letter to the trustee
[01:23:46.160 --> 01:23:52.320] to tell him exactly what I thought. And it's not, and I said, this is not about how much
[01:23:52.320 --> 01:23:59.040] money's in it for you. This is about ensuring someone who was a committed crime does not
[01:23:59.040 --> 01:24:07.360] get to file and get granted a fraudulent bankruptcy. And so he withdrew his request
[01:24:07.360 --> 01:24:14.880] to be removed from the case the next day and has asked for 90 more days to investigate.
[01:24:15.680 --> 01:24:22.080] And... Wait a minute. You said he withdrew his request. You're talking about the trustee?
[01:24:22.080 --> 01:24:29.280] Trustee. He had requested to be removed from the case because there were no assets to distribute
[01:24:29.280 --> 01:24:37.280] and to close the case. I'm like, no, I'm supposed to have my verse for proceeding open. And no,
[01:24:37.280 --> 01:24:44.560] so I spied off an email to him and his boss and said that just because there's no money in it for
[01:24:44.560 --> 01:24:51.040] you, that doesn't mean she hasn't committed crimes. And in, you know, bankruptcy, then I followed it
[01:24:51.040 --> 01:24:56.720] with another letter. I went through a whole bankruptcy filing word by word, question by
[01:24:56.720 --> 01:25:02.800] question and pulled out every statement where it's clear she committed pottery because
[01:25:02.800 --> 01:25:09.280] one statement and one page she said, all my debts are personal debts. And another page,
[01:25:09.280 --> 01:25:17.520] no, they're all business debts. One page she says, my, you know, debts, she checked the box
[01:25:17.520 --> 01:25:25.360] from 0 to 50,000. Well, one page, two pages down, one debt she says is owed to a creditor
[01:25:25.360 --> 01:25:33.600] is 53,000 and her total debt for 300,000. Well, if you can't get that right. Here's the deal on
[01:25:33.600 --> 01:25:45.120] perjury. You do not have to prove which statement was perjurious. If you have two mutually exclusive
[01:25:45.120 --> 01:25:52.240] statements, if one statement is true, then the other one must necessarily be false.
[01:25:52.240 --> 01:25:58.800] You don't have to prove which one is false. It's sufficient that they're mutually exclusive.
[01:26:01.040 --> 01:26:07.040] That's dead bang. Well, that's what I thought. And on every page she has to find under penalty
[01:26:07.040 --> 01:26:11.680] perjury that she has checked the book going and everything is true and correct. So I cut
[01:26:11.680 --> 01:26:16.800] and pasted her signature, we got statements on them, put that into my email to him with
[01:26:16.800 --> 01:26:24.720] and I put the page number and the number of the statement is false. And I just said that to him
[01:26:24.720 --> 01:26:31.440] and said, you know, it says right here, there's a fine of $250,000 and up to two years in prison
[01:26:31.440 --> 01:26:37.280] for anything like this. When are you going to, you know, give confidence to the public that
[01:26:37.280 --> 01:26:44.880] you're going to actually follow what the law says? Have you filed a verified criminal affidavit
[01:26:44.880 --> 01:26:51.440] with the trustee or with the federal judge or federal magistrate?
[01:26:54.320 --> 01:26:54.640] No.
[01:26:56.480 --> 01:27:06.560] You might, that's what they need to give them standing. You're asking them to address criminal
[01:27:06.560 --> 01:27:16.560] perjury and you're asking them to do that sui sponte. You're giving them as evidence and asking
[01:27:16.560 --> 01:27:22.720] them to take up that criminal action. You need to give them a verified criminal affidavit
[01:27:24.000 --> 01:27:31.280] because that triggers their duty to perform a preliminary hearings, what they call in the
[01:27:31.280 --> 01:27:38.880] Fed or in Texas, they call it an examining trial. Now you've triggered their duty. Now they can go
[01:27:38.880 --> 01:27:47.680] to those criminal issues. Okay. So can I just take what I sent him and put criminal verified
[01:27:47.680 --> 01:27:54.720] criminal affidavit on the top and then get it notarized? You get it notarized and file it
[01:27:54.720 --> 01:28:01.600] with the magistrate. Okay. Now you've given them teeth.
[01:28:05.360 --> 01:28:14.560] They might, if you had this trustee pick this case back up because of your assertions of fraud
[01:28:14.560 --> 01:28:23.280] and criminal wrongdoing. If you give him a verified criminal affidavit, he is likely to
[01:28:23.280 --> 01:28:29.600] present it to the magistrate. Now they either that or the FBI.
[01:28:33.600 --> 01:28:39.280] Okay. Well, I was thinking to also, my affidavit what?
[01:28:40.320 --> 01:28:49.600] In your affidavit, don't get too flowery and make conclusions about things. Just state very simply
[01:28:49.600 --> 01:28:57.680] and track the language of the offense as tightly as you can without getting off into what you think
[01:28:57.680 --> 01:29:02.000] that means and why you thought that and all the extra that goes with it.
[01:29:05.680 --> 01:29:11.120] Statement of facts is an art form. The first thing you do in your complaint is you say,
[01:29:12.000 --> 01:29:18.880] this is what we allege. They committed this crime and here are the facts and you lay those facts
[01:29:18.880 --> 01:29:26.400] out in a way so that the reader will know already where you're trying to go. Then they will read
[01:29:26.400 --> 01:29:33.280] your facts and try to stitch them together in a way that leads to the conclusion you're trying to draw.
[01:29:34.320 --> 01:29:40.400] Kind of sucks them in to verify what you're saying. If you tell them what it means,
[01:29:40.400 --> 01:29:46.800] they may or may not agree with you. But if you get them to assign meaning to it, that's true.
[01:29:46.800 --> 01:29:55.200] Hang on. Hang on. We're about to fall off the cliff here. Randy Kelton, Brett Fountain,
[01:29:55.200 --> 01:29:57.920] Roodlebot Radio. We'll be right back.
[01:30:01.440 --> 01:30:07.280] A top cybersecurity expert has a warning for America. If you build an electrical smart grid,
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[01:31:18.800 --> 01:31:23.200] The catastrophic failures caused by hackers? There's nothing smart about that.
[01:31:23.760 --> 01:31:28.560] I'm Dr. Catherine Albrecht for startpage.com, the world's most private search engine.
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[01:33:28.400 --> 01:33:58.000] Okay, we are back. Randy Kelton.
[01:33:58.000 --> 01:34:08.480] Brett Felton, Rule of Law Radio. Brett brought up an interesting issue on the break about
[01:34:08.480 --> 01:34:18.000] filing criminal complaints with an associated criminal affidavit. The complaint is one thing.
[01:34:18.000 --> 01:34:24.720] The affidavit is something else altogether. Will you address that, Brett?
[01:34:24.720 --> 01:34:31.680] Yes, I know this is probably a really fine point. The difference between the complaint
[01:34:31.680 --> 01:34:37.040] and the affidavit. In a complaint, you get to say things like, I have reason to believe,
[01:34:37.040 --> 01:34:42.320] and I do believe this happened. I believe it happened at this time and date. Whatever,
[01:34:42.320 --> 01:34:47.280] I believe this person broke that law. And you might be right, you might not be right.
[01:34:47.280 --> 01:34:52.000] And you can't get in trouble for having reported the crime. That's what you're supposed to do.
[01:34:52.000 --> 01:35:02.560] And let me interject. In Texas, a criminal complaint is the only state I've ever seen
[01:35:02.560 --> 01:35:09.280] that dictates how it's to start. It must run in the name of the state of Texas. And you must state,
[01:35:10.240 --> 01:35:19.040] I have reason to believe and do believe. You don't have to say I know for certain,
[01:35:19.040 --> 01:35:26.640] but I just believe. So that's different than the affidavit. Okay, I'm sorry. Go ahead.
[01:35:27.360 --> 01:35:34.000] In an affidavit, if you're going to say things in there, then you say, this is from my first-hand
[01:35:34.000 --> 01:35:40.320] knowledge. And then you put bullet points in there. This is a fact. That's a fact. This is a fact.
[01:35:40.320 --> 01:35:46.480] You're saying that it's unquestionable. This actually happened. And somebody would have
[01:35:46.480 --> 01:35:56.480] to come up with another affidavit to rebut that. And you put yourself in a position of potentially
[01:35:56.480 --> 01:36:02.560] somebody calling that perjury if it's a material fact that you're raising, which hopefully that's
[01:36:02.560 --> 01:36:07.280] the only thing you're raising is material facts. In an affidavit, you don't need to talk about how
[01:36:07.280 --> 01:36:11.840] you felt about it or whether you were frustrated that that was the third time he did that to you
[01:36:11.840 --> 01:36:17.120] or nothing. Just the facts, the very simple, most basic things is what you're going to address anyway.
[01:36:17.120 --> 01:36:25.280] And if you've messed up, if you've not messed up, if you've put something in there as a fact
[01:36:25.280 --> 01:36:30.240] in your affidavit, and you said it's a fact, but it really wasn't, some lawyer picks on that one,
[01:36:30.240 --> 01:36:35.040] your whole affidavit shot, your credibility shot, and you might even get perjury charges.
[01:36:35.040 --> 01:36:44.080] Okay. Forget that. That's a good idea. But so what you're saying is I just say,
[01:36:44.080 --> 01:36:49.680] I have reason to believe and I do believe that you're being safe because you're not staging it
[01:36:49.680 --> 01:36:58.480] as a fact. A criminal complaint does not necessarily have to have an associated affidavit.
[01:36:58.480 --> 01:37:08.880] But if the facts are not so extensive that you can put them all in the criminal complaint.
[01:37:09.600 --> 01:37:20.080] But in any case, even if in a criminal complaint, you made a intentionally false statement of
[01:37:20.080 --> 01:37:26.960] material fact, you can still recharge criminally. The same is with the affidavit for perjury.
[01:37:26.960 --> 01:37:35.120] I can't file a criminal affidavit and accuse you of killing someone in New York
[01:37:36.640 --> 01:37:44.560] when you were in California. Killing someone is a material fact. And if I lie about that,
[01:37:44.560 --> 01:37:51.280] even in a criminal complaint, I am liable for that. So anytime you miss state of material
[01:37:51.280 --> 01:37:59.280] fact, you're subject to criminal prosecution regardless of what it's in. So all these prosecutors
[01:37:59.280 --> 01:38:03.760] and investigators and people that go in, they work for the DA and they go and read these
[01:38:03.760 --> 01:38:08.800] police reports and they write up criminal complaints, they're liable?
[01:38:12.080 --> 01:38:18.640] The not necessarily, the prosecutor is not necessarily liable unless he knows that the
[01:38:18.640 --> 01:38:28.720] police officer statements are perjurious. If the prosecutor knows that the
[01:38:29.760 --> 01:38:36.560] officer statements are perjurious and he acts on them, that's subordination of perjury.
[01:38:39.520 --> 01:38:47.840] Subordination, yeah. So he would be liable for that. I was trying to remember what the statute
[01:38:47.840 --> 01:38:54.960] was. I think it's up there in the front somewhere. It's not 18 U.S. Code 4, but it's up there in
[01:38:54.960 --> 01:39:02.800] the front. What do you think, Tina, about your criminal complaint? Yes, just keep it to the facts.
[01:39:04.320 --> 01:39:10.560] Yep. You'll be fine. Okay, go ahead, Tina. And I give you jurisdiction. Wonderful. No,
[01:39:10.560 --> 01:39:15.200] that's it. I'll let you go to someone else. If you've got someone else on the board, that'd be great.
[01:39:15.200 --> 01:39:22.160] Okay. Thank you very much, Tina. Okay, now we're going to go to Scott in Michigan. Hello,
[01:39:22.160 --> 01:39:30.640] Scott. What do you have for us today? Hey, man. Can't hear you.
[01:39:34.240 --> 01:39:38.880] Can you hear me? Now I can hear you. Good.
[01:39:38.880 --> 01:39:47.440] Okay. What do you have for us? When I told the prosecutor I was going to file an interlocutory
[01:39:47.440 --> 01:39:52.800] appeal, he said, I've never seen an interlocutory appeal succeed in 40 years as an attorney.
[01:39:53.760 --> 01:40:00.800] Would you say he denied me access to a right to use that appeal with that life?
[01:40:00.800 --> 01:40:09.600] Okay. Who told you that? The prosecutor himself. Oh, no. He can say whatever he wants to say.
[01:40:09.600 --> 01:40:17.040] It's just jabbering. It's irrelevant. Yeah. In the picture case, we filed a petition for
[01:40:17.040 --> 01:40:25.600] Rida Mandamus. He said an interlocutory, he's never seen an interlocutory appeal succeed.
[01:40:25.600 --> 01:40:34.240] That's horse manure. Interlocutory appeal succeed all the time. They're the easiest one
[01:40:35.520 --> 01:40:42.400] to actually win because it doesn't change the ultimate adjudication of the case.
[01:40:43.280 --> 01:40:49.280] I would just tell him, oh, I'm not surprised, sir. I mean, a lot of attorneys don't even read
[01:40:49.280 --> 01:40:55.760] what gets filed. I'm not surprised. Well, in the picture case, we filed a petition for Rida
[01:40:55.760 --> 01:41:07.840] Mandamus and in Texas, the court of appeals does not have to accept a filing. Only 12% of the Ritz
[01:41:07.840 --> 01:41:17.040] filed with state court of appeals gets accepted. 2% get ruled in favor of the filer.
[01:41:17.040 --> 01:41:28.160] So that kind of supports the prosecutors claim that most things filed with the court of appeals
[01:41:29.040 --> 01:41:36.240] don't, they don't win. But in this case, the court, Tim not only won,
[01:41:37.520 --> 01:41:42.640] he got the court to rule that the city lacked subject manager jurisdiction
[01:41:42.640 --> 01:41:48.960] and dismissed part of the case. That was an incredible win. I doubt that a pro says ever won
[01:41:49.600 --> 01:41:59.280] a mandamus in Texas. But even so, it doesn't matter. That's not why we file them.
[01:42:01.280 --> 01:42:09.280] We file them because it makes the other side crazy. Runs their cost up, increases the risk
[01:42:09.280 --> 01:42:17.280] dramatically. You know, remember the rule, you can never expect to win your case in the trial court.
[01:42:18.240 --> 01:42:23.040] The courts are corrupt. You can expect them to rule against you out of hand at every turn.
[01:42:24.080 --> 01:42:27.520] Your only purpose in the trial court is to set the record for appeal.
[01:42:27.520 --> 01:42:38.480] And if a judge renders a bad ruling at the beginning that will haunt you throughout the case,
[01:42:39.840 --> 01:42:46.480] that's grounds for interlockatory. And if the judge has ruled a really bogus ruling and you're
[01:42:46.480 --> 01:42:52.640] on the court of appeals and you see this judge render a bogus ruling, it doesn't dispose of the
[01:42:52.640 --> 01:42:59.120] case. It just kind of tarnishes it. It's a lot easier to say, oh, no, judge, you shouldn't have
[01:42:59.120 --> 01:43:05.040] ruled that way. You should have ruled this way. Now change that ruling and then go back and finish
[01:43:05.040 --> 01:43:12.480] out the case. That's a lot different than saying you did it all wrong. We're overturning you.
[01:43:13.040 --> 01:43:18.880] You got to start this all over. That's a lot harder to get them to do. So interlockatory should be
[01:43:18.880 --> 01:43:26.480] easier. The lawyer is just full of crap. What about you spoken before about the right to expect
[01:43:26.480 --> 01:43:35.440] honest performance from public officials? Can you say that? You do have a constitutional right
[01:43:35.440 --> 01:43:41.760] to good faith and fair dealing from your public officials. That you can sue the official for.
[01:43:41.760 --> 01:43:49.360] But you can't do it if you're falling off the cliff. This is Randy Kelham, Brett Fountain,
[01:43:49.360 --> 01:43:54.560] with my radio. I'm not going to give out the call number. We're going to our last segment.
[01:43:55.520 --> 01:44:02.800] We'll be right back. Did I say segment? Through advances in technology, our lives
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[01:46:24.720 --> 01:46:54.080] Okay, we are back.
[01:46:54.080 --> 01:46:59.840] Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking Scott and Michigan. Okay, go ahead,
[01:46:59.840 --> 01:47:12.320] Scott. Oh, sorry, start again. I had you muted. Okay, I saw something in the archives where you
[01:47:12.320 --> 01:47:18.880] were talking about official capacity, and a police officer, when he files a ticket in his
[01:47:18.880 --> 01:47:26.800] official capacity, should do so using his own full name, right? Okay, yeah. When a policeman
[01:47:26.800 --> 01:47:36.160] files a criminal complaint, he does not do that in his official capacity. Okay. In his official
[01:47:36.160 --> 01:47:46.560] capacity, he investigates crime and arrests alleged offenders, but when he files that criminal
[01:47:46.560 --> 01:47:56.640] affidavit, he does that in his capacity as a credible citizen or as a credible person.
[01:47:58.720 --> 01:48:05.760] A policeman has no more power to file a criminal complaint than any citizen in the country who
[01:48:05.760 --> 01:48:12.480] is over the age of 18, never convicted of a crime. That's the definition of credible person.
[01:48:12.480 --> 01:48:16.880] Felony. Yeah, a felon would not have that power.
[01:48:19.680 --> 01:48:26.720] Okay, I thought I read somewhere that for a traffic ticket to be valid, they have to
[01:48:26.720 --> 01:48:30.320] put their full name on the ticket if they're going to sign it digitally. If they just put
[01:48:31.360 --> 01:48:36.800] Trooper so-and-so, then that is not perceived as validating the ticket with their own full name.
[01:48:36.800 --> 01:48:42.960] Okay. No, that won't make any difference. If so long as they can identify the human being,
[01:48:44.080 --> 01:48:55.920] it doesn't matter. It's called non-sprotonk. Non-sprotonk goes to non, what's the term, Brett?
[01:48:55.920 --> 01:49:08.160] Non-material errors or errors of style and not of substance. If you ever see on a document
[01:49:08.160 --> 01:49:15.840] non-sprotonk, that means I'm refiling this document because there were errors in the document.
[01:49:17.840 --> 01:49:24.240] But the errors were not substantial. So the substance of the document is the same,
[01:49:24.240 --> 01:49:31.200] just some of the wording and some of the facts were adjusted because they were filed in error.
[01:49:32.000 --> 01:49:40.720] So if a policeman just says Trooper Stone, and you only have one's Trooper Stone in the jurisdiction,
[01:49:41.520 --> 01:49:48.000] or that's- Or his badge number. Yeah, or his badge number. If they spell your name wrong,
[01:49:48.000 --> 01:49:54.560] that'll make any difference. If they get a digit wrong in your address or your license plate,
[01:49:55.520 --> 01:50:00.640] those are non-material errors. So they won't make any difference.
[01:50:04.240 --> 01:50:08.480] Okay. Does that answer your question? I know that answered your question.
[01:50:08.480 --> 01:50:19.040] On a speeding ticket that I was looking over for a friend, I saw that the ticket was written for
[01:50:20.080 --> 01:50:25.440] 10 miles or less over the speed limit. And in the corner of the ticket, there's a box that says
[01:50:25.440 --> 01:50:32.080] actual speed, and it shows that my friend was doing 13 over. It seemed like that the
[01:50:33.040 --> 01:50:36.320] proof that the officer misstated material facts was right there in the ticket.
[01:50:36.320 --> 01:50:45.040] But the officer is allowed to charge the person with a lesser quant.
[01:50:48.160 --> 01:50:52.080] Wait a minute. You said the ticket said 10 miles or less?
[01:50:53.360 --> 01:50:59.920] Yeah. You checked the box for 10 miles or less, and you wrote the actual speed was 13.
[01:50:59.920 --> 01:51:07.280] Okay. Here, I'm the judge. I'm going to say, well, atmospheric conditions,
[01:51:07.280 --> 01:51:17.360] birds flying in front of the radar, can cause some level of error. Here, the officer, his
[01:51:18.240 --> 01:51:28.560] instrument said that you were traveling at 13 over. But in order to err on the side of caution,
[01:51:28.560 --> 01:51:36.640] he cited you for a lesser amount in case during the course of the trial, you found that
[01:51:37.760 --> 01:51:45.280] something was an error in his measurement. I would call that prudent. Not something I would
[01:51:45.280 --> 01:51:52.160] raise an issue about because as you get above 10 miles an hour, the accusation gets much more
[01:51:52.160 --> 01:51:59.520] serious. So if that is an error, it's an error in your favor. But I doubt that it's an error.
[01:51:59.520 --> 01:52:07.600] I'm sure he did that on purpose. It'd be hard for him to prove that you were going 13 miles over.
[01:52:09.440 --> 01:52:17.200] It would be hard to be absolutely convincing. It would be a lot easier for the officer,
[01:52:17.200 --> 01:52:24.160] or a lot more compelling and convincing if he told the jury, well, I actually measured him
[01:52:24.160 --> 01:52:35.120] at 13 miles over. But air density, obstacles, other cars, there are a lot of things that can
[01:52:35.760 --> 01:52:43.440] cause minor discrepancies. So in order to make sure that I wasn't overcharging,
[01:52:43.440 --> 01:52:47.920] I dropped it down to 10 just to make sure I didn't get any errors.
[01:52:49.680 --> 01:52:51.680] If you were in a jury, what would you think about that?
[01:52:53.440 --> 01:52:54.720] Yeah, I understand what you're saying.
[01:52:59.360 --> 01:52:59.680] Okay.
[01:52:59.680 --> 01:53:02.400] It's a beautiful thing that they're doing. Yeah, I think that's about it.
[01:53:04.400 --> 01:53:07.440] No, no, no. You can't go yet. You've got five more minutes to talk.
[01:53:07.440 --> 01:53:17.040] Maybe one more time, how it is that the cow ate the cabbage?
[01:53:18.240 --> 01:53:26.640] Oh, the pastor didn't get that one. Pastor Massad, I do a show with him on Mondays.
[01:53:28.640 --> 01:53:35.520] And he told me this joke once. He teases me about my hearing aids. And he said,
[01:53:35.520 --> 01:53:41.280] he was greeting people coming into church and Miss Martha came in and he said, Miss Monsa,
[01:53:42.000 --> 01:53:48.960] what are you doing with a suppository in your ear? And she said, oh my goodness,
[01:53:49.680 --> 01:53:51.600] now I know where my hearing aid is.
[01:53:54.320 --> 01:54:00.400] Pastor told me that one. So I told him I was listening to this Texas Standard and they were
[01:54:00.400 --> 01:54:07.040] talking about different sayings. And one of them was how the cow ate the cabbage. And this is the
[01:54:07.040 --> 01:54:14.160] story they told that this circus was in town and some elephants got out and this elderly woman who
[01:54:14.160 --> 01:54:22.000] didn't see well looked out her door and saw what she thought was cows that had got out and got into
[01:54:22.000 --> 01:54:28.080] her garden. And she called the sheriff to come get these cows out of her garden. And he said, well,
[01:54:28.080 --> 01:54:37.520] what's the cow doing? He said, well, is he my cabbage? Well, a cow is eating your cabbage.
[01:54:37.520 --> 01:54:43.680] How is it eating your cabbage? And she said, you wouldn't believe me if I told you.
[01:54:47.680 --> 01:54:49.520] And the pastor didn't get that one.
[01:54:49.520 --> 01:54:56.320] Oh, see, nobody finds me as funny as I do.
[01:54:59.920 --> 01:55:04.080] My wife had the ringer on her phone for me is a jackass brain.
[01:55:05.840 --> 01:55:13.200] I was, we were in the mall. She's getting her nails done. And I'm floating around the mall and
[01:55:13.200 --> 01:55:18.880] I called her and asked her, she was done yet. And she said, no, I'm in the dryer. They're drying.
[01:55:18.880 --> 01:55:23.600] I'll be done in a little bit. And I said, okay, so I come up there and she's got her finger
[01:55:23.600 --> 01:55:28.560] inside this little machine. And I said, huh, I bought something for you. And she kind of
[01:55:29.200 --> 01:55:36.800] scrunched down. Yeah, what is it? And I held up this pen that said, I have pooped today.
[01:55:38.320 --> 01:55:43.040] She looked at that and looked at these women sitting there and said, that's why he's got that
[01:55:43.040 --> 01:55:52.720] ringer on his phone. Women, they just don't find us as funny as we do.
[01:55:56.640 --> 01:56:03.600] But anyway, you brought up a good point about the lawyer, Brett.
[01:56:03.600 --> 01:56:11.760] When you made that comment about the lawyer, it wasn't clear on it. Where the lawyer told
[01:56:13.280 --> 01:56:20.560] He's saying he hasn't seen an interlocutory appeal succeed. And he's been practicing for 40 years.
[01:56:21.520 --> 01:56:28.080] And well, that's not too surprising, because he probably doesn't read the
[01:56:28.080 --> 01:56:33.120] pleadings that go past him all the time anyway. Oh, you've only been practicing 40 years. I mean,
[01:56:33.120 --> 01:56:35.520] you probably haven't had a chance to read any of that stuff yet.
[01:56:37.840 --> 01:56:46.960] Probably didn't bother to. Right. I'm hoping that with this electronic lawyer program that I'm
[01:56:46.960 --> 01:56:55.920] working on that we can change a lot of that. Lawyers after 1975, when Westlaw came along,
[01:56:55.920 --> 01:57:01.760] they ruined the practice of law. All lawyers focus on one tiny little area. So they get to
[01:57:01.760 --> 01:57:08.240] know that one little area. So they quit doing research of any kind. And all they do is try to
[01:57:08.240 --> 01:57:16.400] get clients so they can get a retainer and then do this flurry of motions to use up the retainer
[01:57:16.400 --> 01:57:21.520] and blow off that client and get another one. After the retainers used up, they don't want the
[01:57:21.520 --> 01:57:28.800] client because now they'll have to actually start doing real research. And they don't make as much
[01:57:28.800 --> 01:57:38.320] money doing real research as they do getting retainers. So now lawyers just work to get retainers,
[01:57:38.320 --> 01:57:43.280] use up your retainer and they want to go find another one. They don't fully adjudicate their
[01:57:43.280 --> 01:57:51.520] cases. And I'm hoping that we can fix that because part of what the electronic lawyer will do is
[01:57:51.520 --> 01:57:58.960] show the client how to kick the lawyers behind if he don't do his job properly.
[01:58:00.480 --> 01:58:07.760] And besides, this tool will make it so that lawyers can comfortably adjudicate cases and
[01:58:07.760 --> 01:58:18.480] not be afraid of missing rulings, obscure rulings that the other lawyer may bring in and beat them
[01:58:18.480 --> 01:58:25.040] up with. So I'm working on that. But you guys have been hearing me talk about working on that
[01:58:25.040 --> 01:58:31.680] for 12 years now. But I really am getting close. Thank you all for listening. We'll be back tomorrow
[01:58:31.680 --> 01:58:38.320] night. No, we won't. We'll be back next Thursday night, same time, same station. Thank you all for
[01:58:38.320 --> 01:58:50.080] listening and good night.
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