ROL_2020-08-20_16k.timecode

[00:00.000 --> 00:06.800]  The following news flash is brought to you by The Lone Star Lowdown.
[00:06.800 --> 00:13.200]  Markets for Monday the 22nd of July 2019 open with precious metals, gold $1,429 an ounce,
[00:13.200 --> 00:21.440]  silver $16.45 an ounce, copper $2.75 an ounce, oil Texas crude $55.63 a barrel, Brent crude
[00:21.440 --> 00:29.720]  $62.47 a barrel, and crypto is in order of market cap, Bitcoin Core $10,566.52, Ethereum
[00:29.720 --> 00:41.400]  $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:45.960 --> 00:52.680]  Today in history, the year 1916, the Preparedness Day bombing, a time suitcase bomb, was detonated on
[00:52.680 --> 00:58.200]  Market Street in San Francisco during the World War I Preparedness Day Parade, killing 10 and
[00:58.200 --> 01:07.400]  entering 40. Today in history. In recent news, since Governor Greg Abbott signed House Bill
[01:07.400 --> 01:13.080]  1325 legalizing hemp into taxes law back in June, county prosecutors around the state, including
[01:13.080 --> 01:17.320]  Houston, Austin, and San Antonio, have been dropping marijuana possession charges and even
[01:17.320 --> 01:21.400]  refusing to file new ones, since they are stipulating that they do not have the time
[01:21.400 --> 01:26.680]  or the laboratory equipment to test the herb for THC. Margaret Moore, the Travis County District
[01:26.680 --> 01:30.680]  Attorney, announced earlier this month that she was dismissing 32 felony possession and
[01:30.680 --> 01:35.400]  delivery of marijuana cases because of the law. Mr. Abbott and other state officials,
[01:35.400 --> 01:39.400]  including the Attorney General, stipulated in a letter to county district attorneys back on
[01:39.400 --> 01:44.520]  Thursday that marijuana has not been decriminalized in Texas and that these actions demonstrate a
[01:44.520 --> 01:51.000]  misunderstanding of how HB 1325 works, as well as other cities, too, like the District Attorney
[01:51.000 --> 01:57.240]  in El Paso, Cayma Esparza, a Democrat who also stated earlier this month that the law, quote,
[01:57.240 --> 02:02.680]  will not have an effect on the prosecution of marijuana cases in El Paso. However, the issue
[02:02.680 --> 02:07.480]  was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County,
[02:07.480 --> 02:11.880]  who stated that, quote, the law is constantly changing on what makes something illegal based
[02:11.880 --> 02:15.880]  on its chemical makeup. It's important that if someone is charged with something,
[02:15.880 --> 02:25.000]  the test matches what they're charged with. A paper by Tulane University identified a five
[02:25.000 --> 02:29.960]  and a half inch American pocket shark. As the first of its kind in the Gulf of Mexico,
[02:29.960 --> 02:35.480]  the specimen being only the second pocket shark ever captured or recorded with the other one
[02:35.480 --> 02:40.760]  being found way back in 1979 in the East Pacific Ocean. According to the university paper, the
[02:40.760 --> 02:47.480]  shark secretes a luminous fluid from a gland near its front fins. For the purpose, it is hypothesized
[02:47.480 --> 03:11.480]  to lure and prey who may be drawn into the glow. This is Rook Rody with your lowdown for July 22, 2019.
[03:17.480 --> 03:45.480]  Okay. Howdy, howdy. This is Renter.
[03:45.480 --> 04:06.760]  Welcome. Welcome. And Brett's not quite up yet. He'll be up here shortly. And I want to start with
[04:06.760 --> 04:19.240]  a project I have been influenced to go back into. I stopped doing foreclosures a number of years ago,
[04:20.360 --> 04:31.400]  but with the way things are changing right now and with the COVID issue, we expect very soon
[04:31.400 --> 04:43.640]  to have another avalanche of foreclosures. And had that investor want me to address foreclosures for
[04:43.640 --> 04:50.120]  him, so I said, what the heck? I might as well put this engine back together. I have so much
[04:50.120 --> 05:01.880]  information on foreclosure. And this time we have a special tool, and I will be developing this tool,
[05:01.880 --> 05:10.600]  and I will be making it available to everyone, not just for foreclosure. But if you're looking at
[05:10.600 --> 05:20.360]  foreclosure because of this COVID issue, where governors or county commissioners courts have
[05:20.360 --> 05:31.160]  issued shelter-in-place orders, those shelter-in-place orders are unconstitutional on their face.
[05:31.160 --> 05:40.760]  And whoever has issued those orders have to be aware that they are unconstitutional
[05:41.400 --> 05:53.960]  on their face. So what I'm putting together is an administrative procedure to perfect a claim
[05:53.960 --> 06:06.200]  that we can then bring to court to the governor. The legislature can authorize the governor or
[06:06.200 --> 06:17.160]  other public official to take, they can increase the authority that the governor or other official
[06:17.160 --> 06:26.600]  has during an emergency. And those officials can issue orders that affect the public.
[06:28.520 --> 06:39.800]  However, the legislature in Texas has no power to authorize anyone to issue any order
[06:39.800 --> 06:47.640]  that violates their Texas Constitution or the federal Constitution for that matter.
[06:49.640 --> 06:57.880]  No one has that power. So while they can authorize an official to take extraordinary steps,
[06:58.600 --> 07:05.880]  if those extraordinary steps include the denial of a citizen's phone free access to
[07:05.880 --> 07:13.320]  or enjoyment of a right, then the official becomes liable for those actions. And what I
[07:13.320 --> 07:22.040]  haven't found is anything that excludes the official from an allegation of official misconduct
[07:23.000 --> 07:30.360]  for exerting or purporting to exert an authority they do not expressly have,
[07:30.360 --> 07:36.360]  and in the process denying a citizen and phone free access to or enjoyment of a right.
[07:38.680 --> 07:46.680]  Haven't found that, don't think I'm going to find that. So what I'm looking at and over the years
[07:46.680 --> 07:52.680]  of doing foreclosures, if you listen to my show a lot, you hear I've got a bunch of these rules and
[07:52.680 --> 08:05.160]  or just platitudes, ideas that you need to understand. And one of them is you can never
[08:05.160 --> 08:11.000]  expect to win your case simply because you have the law and the facts on your side.
[08:11.800 --> 08:20.280]  Do you think so is naive? And I've pretty well developed that as a certainty from doing foreclosures
[08:20.280 --> 08:29.960]  because it is abundantly clear that the banks have the judges bought and paid for.
[08:31.880 --> 08:40.520]  In helping over 700 people file lawsuits on mortgage issues,
[08:40.520 --> 08:49.240]  never have I had a substantive motion granted by a judge no matter what it was.
[08:52.360 --> 09:01.080]  If you file pros say, the judges will ruin against you out of hand at every turn.
[09:02.920 --> 09:07.160]  And a lot of the tools that I've developed were developed to deal with that.
[09:07.160 --> 09:10.760]  And at this point, we don't care. That's okay.
[09:13.480 --> 09:21.240]  It's not for me trained as an engineer. These are not, I don't look at these things as problems.
[09:22.840 --> 09:31.960]  They are merely parameters. You know, if I jump off the top of a building, gravity is going to
[09:31.960 --> 09:40.120]  pull me to the ground and bump my butt. I don't get angry at that. That is the way it is.
[09:40.120 --> 09:45.720]  It's a parameter. I have to deal with it. I better take a parachute or a pillow.
[09:47.480 --> 09:57.480]  If I file an action in a court, either state or federal, and I file it as a pro say,
[09:57.480 --> 10:04.520]  I can expect the judge to rule against me out of hand at every turn. Just the way it is.
[10:05.480 --> 10:11.400]  So rather than get angry and feel betrayed and mistreated, okay, let's write that down as a
[10:11.400 --> 10:20.840]  parameter. So how do we handle things? Well, we stop acting from this unreasonable notion
[10:20.840 --> 10:27.640]  that the judges are somehow going to be just. Forget that. So how do you win if they're just,
[10:27.640 --> 10:32.120]  if they're not just? How do you win if they go to rule against you out of hand at every turn?
[10:33.320 --> 10:39.000]  What do you have working in your favor? We have two things working in your favor.
[10:40.120 --> 10:47.400]  Time and money. And ultimately money because time for these guys is money.
[10:47.400 --> 10:56.040]  So we developed a set of tools and techniques to take these guys on based on time and money.
[10:57.400 --> 11:06.680]  So we build a set of pleadings and procedures where from the beginning,
[11:06.680 --> 11:10.120]  we demonstrate to them, we're going to cost you a lot of time and money.
[11:10.840 --> 11:13.800]  You want to fight with me? Yeah, I know you're going to win in the end.
[11:13.800 --> 11:19.480]  Oh, seven, eight, ten years down the road. In the meantime,
[11:21.160 --> 11:28.680]  I'm going to cost you a lot of money. So tell you what, I'm going to ask the judge to order
[11:28.680 --> 11:37.960]  mediation. And then I'll hire a lawyer for the singular purpose of negotiating a mediated settlement.
[11:37.960 --> 11:45.560]  That's how we win. The end of the day, justice in the right of things is a nice ideal.
[11:46.680 --> 11:53.640]  But when you're dealing with foreclosure and civil type cases, it's always about the money.
[11:54.920 --> 11:57.160]  So whether you win or not, that's not so important.
[11:58.680 --> 12:02.040]  Whether you get the money, that's what's important because it's all about the money.
[12:02.040 --> 12:10.040]  Right. So I'm building a procedure where if you get pushed into foreclosure because
[12:10.040 --> 12:17.560]  the governor ordered you to shelter in place and shut down all non-essential businesses,
[12:18.680 --> 12:24.280]  even if you're right to participate in gainful employment,
[12:24.280 --> 12:33.400]  he unites you in your right to peaceably assemble. And that's what prevented you
[12:33.400 --> 12:40.840]  from participating in gainful employment. And that is unconstitutional.
[12:42.520 --> 12:51.960]  That creates a constitutional tort for which the official who signed the document,
[12:51.960 --> 12:59.320]  who signed the order, is liable. And the official who signed that order had no
[13:01.080 --> 13:09.160]  statutory authority to do that because any statute that would purport to give an official
[13:09.160 --> 13:20.600]  authority to do such a thing is void on its face as any law that has the effect of violating
[13:20.600 --> 13:29.880]  constitutional right is void on its face. And the governor, being a lawyer, ex-attorney general,
[13:29.880 --> 13:37.800]  he cannot pretend he doesn't know that. Or he can pretend it. But under law,
[13:38.680 --> 13:47.720]  he knows it whether he did or not. And he is liable to you because he acted outside the scope of
[13:47.720 --> 13:55.560]  his authority. And if you act out, if you're a public official who acts outside the scope of
[13:55.560 --> 14:03.080]  your authority, you have no immunity for that. So we file an action against the governor. And we
[14:03.080 --> 14:08.360]  charge the governor, we say to the governor, I bought this property in good faith. I paid $350,000
[14:08.920 --> 14:16.600]  for this property. Now because of your tort against me, I stand to lose this property.
[14:16.600 --> 14:21.880]  So not only do I have this property, I have an investment in this property. I have my life
[14:21.880 --> 14:29.880]  invested in this property. And you acted outside the limits of law. So I will sue you for three
[14:29.880 --> 14:38.280]  times the value of the property. Let's dance. And then you see what a jury thinks of your violating
[14:38.280 --> 14:48.680]  law, especially when it turns out that the COVID pandemic was no pandemic at all. Consider this.
[14:49.880 --> 15:03.000]  Do you know how many people were infected with tuberculosis last year? 33 million worldwide.
[15:03.000 --> 15:18.200]  How many people died of tuberculosis last year? 1.5 million people died of tuberculosis last year.
[15:19.880 --> 15:24.600]  You're telling me COVID is a pandemic. Are you kidding me?
[15:24.600 --> 15:34.760]  COVID is a blip compared to tuberculosis and malaria,
[15:36.600 --> 15:45.800]  which the governor chose to shut down by state because of a variation on the common code.
[15:46.920 --> 15:54.280]  Well, let's see what a jury thinks about that. And as this moves along, we're already
[15:54.280 --> 16:01.560]  seeing what we've been alleging was the case that it's no more than a code. And when I come back,
[16:01.560 --> 16:10.120]  I'll talk about something that's obvious, cure. And I'm annoyed at myself that I didn't see it.
[16:10.920 --> 16:17.880]  And when I explain this to you, I think you will be annoyed as well, that it never was a pandemic,
[16:17.880 --> 16:26.280]  that this was easy to fix. We were just very, the media was very carefully crafted
[16:27.720 --> 16:41.160]  to avoid the obvious cure to COVID. Randy Kelton, I'm getting some odd beeping. Oh, well,
[16:41.880 --> 16:45.400]  we're about to go to our sponsors. We'll be right back. We've got to come people on the
[16:45.400 --> 16:49.800]  call boards. I got one more thing I want to address when I come back. And then we'll go to
[16:49.800 --> 16:54.440]  our callers. Randy Kelton, Red Fountain, we'll be right back.
[17:03.800 --> 17:09.160]  It's the 2019 Logos Radio Network annual fundraiser and gun giveaway sponsored by
[17:09.160 --> 17:15.960]  Central Texas Gun Works. Go to logosradionetwork.com and enter to win. Any amount is appreciated.
[17:15.960 --> 17:21.160]  Everything helps to keep us on the air. From Central Texas Gun Works, the grand prize up for
[17:21.160 --> 17:28.680]  grabs is a Spikes Tactical AR 15. More prizes and sponsors to be announced. Every $25 donation
[17:28.680 --> 17:35.560]  is a chance to win. When you purchase Randy Kelton's ebook, Legal 101, you get four chances to win.
[17:35.560 --> 17:40.920]  Purchase Eddie Craig's traffic seminar and get 10 chances to win. If you've enjoyed the shows on
[17:40.920 --> 17:46.200]  Logos Radio Network, support our fundraiser so we can keep bringing you the best quality
[17:46.200 --> 17:52.200]  programming on talk radio today. We also accept Bitcoin and other cryptocurrencies. And remember,
[17:52.200 --> 17:59.320]  every $25 donation is a chance to win. Go to logosradionetwork.com for details and donate today.
[17:59.320 --> 18:05.560]  Logos Radio Network welcomes a new show to our lineup for the new year.
[18:05.560 --> 18:11.800]  Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. Central Time.
[18:11.800 --> 18:17.560]  Our goal is in accord with Matthew 516. Let your light so shine before men that they may
[18:17.560 --> 18:23.480]  see your good works and glorify your Father which is in heaven. We wish to reflect God's light and
[18:23.480 --> 18:29.400]  be a blessing to all those with a hearing ear. Join Nana and guests for both verse by verse Bible
[18:29.400 --> 18:35.560]  studies and topical Bible studies designed to provoke unto love and good works. Our verse by
[18:35.560 --> 18:41.080]  verse Bible studies will begin in the book of Matthew where we will discuss one chapter per week.
[18:41.080 --> 18:46.360]  Our topical Bible studies will vary each week and will explore sound doctrine as well as
[18:46.360 --> 18:53.160]  Christian character development. So mark your calendar and join us live on logosradionetwork.com
[18:53.160 --> 18:59.320]  Wednesdays from 8 to 10 p.m. starting January 8th for an inspiring and motivating discussion of the
[18:59.320 --> 19:08.600]  scriptures. You are listening to the Logos Radio Network. Logosradionetwork.com
[19:08.600 --> 19:10.600]  Oh
[19:23.000 --> 19:31.960]  Look what we got. We asked the Christian. No one knew what they had to answer.
[19:31.960 --> 19:35.960]  Oh
[19:41.720 --> 19:50.280]  Okay, we are back. Randy Kalkin, Brett Foutons, root of our radio on this the 20th day of August 2020
[19:51.080 --> 19:56.440]  and there's one thing I wanted to address that I was watching. Someone sent me a video of a
[19:56.440 --> 20:07.000]  doctor out of West Texas who was treating covoid with a steroid nebulizer
[20:09.080 --> 20:16.360]  and when I looked at what he was doing I kind of smacked myself brain dead.
[20:16.360 --> 20:26.280]  How did we get duped into not seeing this stretch when people get covoid? What happens?
[20:28.440 --> 20:32.920]  When they get it? How do we even know if they have it? Okay, well, they don't come up with a test
[20:32.920 --> 20:41.000]  first. Yeah, well, no, if they have symptoms. Oh symptoms or asymptomatic. Well, no, no, I'm talking
[20:41.000 --> 20:47.400]  about the asymptomatic. You don't have it. You've got the virus but you don't have the disease.
[20:48.280 --> 20:58.200]  You have the disease when you have the symptoms but the symptoms are that the lungs inflame. Now
[20:58.200 --> 21:04.600]  that happens in a cold but a cold generally is localized to one portion of the lung so it doesn't
[21:04.600 --> 21:11.080]  involve the whole lung all at once. Covoid was unique in that it involved the whole lung all at
[21:11.080 --> 21:18.760]  once. I have a question for you, Brett. What if you happen to have hypersensitivity to peanuts
[21:20.200 --> 21:26.760]  and you eat something that has peanuts in it and it causes anaphylactic shock?
[21:26.760 --> 21:36.920]  What is anaphylactic shock? The swelling of the airways. Ta-da! Static rocket science.
[21:38.440 --> 21:45.080]  It is a histamine response. Has anybody ever tried taking an antihistamine?
[21:47.400 --> 21:51.960]  This is not... It might be too cheap. We need to have somebody spend seven years and
[21:51.960 --> 22:00.040]  bazillions of dollars on a vaccine. What this guy did was he did this for people who were
[22:00.040 --> 22:07.480]  in horrible distress. He said he didn't use the spray nebulizers for people who are
[22:07.480 --> 22:15.640]  allergies. He said because 98% of the medicine doesn't get to where it needs to be but with
[22:15.640 --> 22:26.440]  a nebulizer it does. He's just treating them for an allergy and that's exactly what the effects
[22:26.440 --> 22:34.680]  of Covoid is. It's anaphylactic shock. Okay, it doesn't affect, you know, anaphylactic. You
[22:34.680 --> 22:41.480]  sometimes get the throat and the sinus passages clogging up. Here it only seemed to affect the
[22:41.480 --> 22:50.520]  lungs but just taken head of histamine. This is a histamine response. The symptoms that you have
[22:50.520 --> 22:59.960]  for a cold or the flu are not caused by the bacteria or virus. The symptoms are caused by
[23:01.000 --> 23:07.080]  the histamine cells your own body produces to fight off the cold or virus. It is your body's
[23:07.080 --> 23:15.000]  defensive network trying to fight this infection off that causes the symptoms. Now this is not new
[23:15.000 --> 23:25.960]  science. So where are our doctors? We have something that causes a massive histamine response
[23:25.960 --> 23:38.280]  and instead of just hitting the guy with an epipen or an epipen, they put him on a, what do you
[23:38.280 --> 23:47.160]  call it, a respirator and blow up their lungs and kill them. Just give him an antihistamine pill
[23:47.160 --> 23:56.040]  for crying out loud. Give him a shot of steroids and the doctor didn't like steroids because they
[23:56.760 --> 24:07.400]  also suppress the immune system. He was talking about Hong Kong, Singapore and Japan. Hong Kong
[24:07.400 --> 24:19.320]  lost some 12 people to COVID. Singapore lost 8. Japan lost 17. What's that? Why isn't that big time
[24:19.320 --> 24:25.880]  in the news? And the reason they only lost those few is because they're treating them with a nebulizer.
[24:28.200 --> 24:36.200]  They're treating them for an allergic response. I heard another doctor saying a similar treatment
[24:36.200 --> 24:43.560]  that he was doing and he was having amazing results. Why didn't we all realize that?
[24:44.840 --> 24:50.680]  You and I, we had enough, you know, just living in this world. We have enough knowledge to recognize
[24:50.680 --> 24:57.240]  that. Well, I'll tell you what I did when I started hearing about the kinds of symptoms.
[24:57.240 --> 25:05.400]  I went and bought a nebulizer. That's regular asthma nebulizer and I put colloidal silver
[25:06.040 --> 25:10.520]  in there and tried it out to make sure it would work, right? Sure enough, that's what I would do
[25:10.520 --> 25:16.840]  if I or anybody I know came up with symptoms like that. I put them on my nebulizer. Well,
[25:16.840 --> 25:25.320]  go to the grocery, go to the pharmacy and pick you up an antihistamine, break the pill open,
[25:25.320 --> 25:36.680]  drop it into the nebulizer. It's specifically reduces the histamine response for the purpose
[25:36.680 --> 25:42.520]  of reducing inflammation. I don't know. I'm not sure I would do that for myself.
[25:44.040 --> 25:49.720]  Might work well for most people. I can't take Benadryl or some of these D,
[25:49.720 --> 25:55.640]  what is it, Claritin D, some of the ones that have the antihistamine in there. I can't take
[25:55.640 --> 26:01.800]  those. They dry out my lungs. So I don't know if it's something just weird about me, but maybe
[26:01.800 --> 26:08.600]  there's some other people like me. My wife has the same problem. A lot of people, I tend to be,
[26:09.400 --> 26:17.320]  I respond to milk and dairy products with a mucus response by body causing my body to produce
[26:17.320 --> 26:29.160]  mucus. So drying out my lungs in nasal capacity is not easy. Spearmint tea. Spearmint tea has the
[26:29.160 --> 26:36.280]  exact same effect on me that antihistamine does. Oh, great. So you could definitely put
[26:36.280 --> 26:43.640]  spearmint tea in there. Yeah. I drink spearmint tea along with peppermint. I got a concoction of
[26:43.640 --> 26:48.920]  tea that I drink, but I have to be careful of that spearmint. Spearmint has a nice taste,
[26:48.920 --> 26:56.440]  but if I get in too much of it, I'll get a sinus, a dry sinus headache. So that would be one. But
[26:57.560 --> 27:02.600]  Randy, the big problem with all of these solutions, you're not addressing the biggest
[27:02.600 --> 27:08.200]  elephant in the room here, which is how, if we take these kinds of solutions, how in the world
[27:08.200 --> 27:17.080]  are all these talking heads going to make billions of dollars? How can that happen?
[27:17.720 --> 27:24.520]  Shame on me. Those billions of dollars. Shame on me. Bad Randy. I didn't even take that into
[27:24.520 --> 27:34.520]  consideration. I stand corrected. I was frustrated when this became clear. This is just
[27:34.520 --> 27:40.840]  inflammation and we know all about inflammation. Okay. Maybe we can't kill the virus,
[27:42.600 --> 27:50.680]  but we can make the virus ineffective. And we've been doing that forever because the cold changes
[27:50.680 --> 27:57.080]  every year and people catch the cold and they take antihistamines and take cold medicine and they
[27:57.080 --> 28:07.240]  don't die from it. So anyway, that was a side point I wanted to address for anybody out here
[28:07.240 --> 28:12.200]  who's really worried about that. Just get you some antihistamines and take them around with you.
[28:12.200 --> 28:19.400]  If you start feeling a congestion in your lung, pop one of those quickly and shut it down. And
[28:19.400 --> 28:28.760]  if that would truly fix this, how do we all feel now about wearing masks, masks in public and
[28:29.320 --> 28:35.800]  keeping six foot away from everyone and not letting our kids go to school? This is insane.
[28:39.720 --> 28:46.760]  Anyway, I'm really getting kind of tired talking about COVID. We got a couple callers,
[28:46.760 --> 28:50.920]  Brad. Do you have something you want to address? You haven't been on long and quite a while,
[28:50.920 --> 28:56.280]  have you been beating up the locals? I've been beating up other people's locals.
[28:57.960 --> 29:03.720]  I had people that are looking for some help and trying to find out how to navigate some things
[29:03.720 --> 29:09.960]  and I've been offering them some help. No, with my locals, they're not really,
[29:09.960 --> 29:13.640]  they're really quiet right now. They're not chasing me. They're not doing anything.
[29:13.640 --> 29:20.120]  It's gone all the way up to the Supreme Court and it's just sitting there. I think maybe they
[29:20.120 --> 29:23.800]  don't know what to do or it's sitting on the back burner. I'm not sure how that's
[29:24.920 --> 29:31.960]  what's going on with that. They just may want to sit and let it die and let your time to sue them
[29:31.960 --> 29:41.880]  run out. It's possible. Okay, we're about to go to our sponsors again. So when we come back,
[29:41.880 --> 29:57.800]  we'll go to our callers. This is Randy Kelton, Brett Fountain. We'll be right back.
[30:01.400 --> 30:05.400]  Businesses ask you for a lot of personal information and you may trust them to keep
[30:05.400 --> 30:10.360]  it safe. But it turns out that even the most trusted companies may be unwittingly revealing
[30:10.360 --> 30:14.360]  your secrets. I'm Dr. Katherine Albrecht and I'll be right back with details.
[30:41.240 --> 30:48.760]  Start over with Start Page. Data privacy is a big deal. So nearly every company has a policy
[30:48.760 --> 30:54.200]  explaining how they handle your personal information. But what happens if it escapes their control?
[30:54.200 --> 31:00.280]  It's not an idle question. According to a recent survey, a shocking 90% of U.S. companies admit
[31:00.280 --> 31:05.400]  their security was breached by hackers in the last year. That's one more reason you should trust
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[31:11.880 --> 31:16.200]  They've never been hacked, but even if they were, there would be nothing for criminals to see.
[31:16.200 --> 31:20.840]  The cupboard would be bare. Too bad other companies don't treat your data the same way.
[31:21.480 --> 31:25.960]  I'm Dr. Katherine Albrecht. More news and information at KatherineAlbrecht.com.
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[31:51.640 --> 31:56.440]  is more to the story. Bring justice to my son. My uncle. My nephew. My son. Go to
[31:56.440 --> 32:00.680]  BuildingWhat.org. Why it fell, why it matters, and what you can do.
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[33:02.760 --> 33:06.920]  Live, free speech radio, logosradionetwork.com.
[33:06.920 --> 33:24.040]  Yes, Mr. Office, I was taking the lighter. Won't you follow the law of the land? I don't
[33:24.040 --> 33:40.680]  understand. Your plan is to put a gun on service. That means I'll abuse. I'll be sorry.
[33:54.040 --> 34:05.560]  Okay, we are back. Randy Kelton, Brett Fountain, rule of law radio on this Thursday, the 20th
[34:05.560 --> 34:19.240]  day of August 2020. So 2020, 2020. Too bad we don't have a 20th month. Anyway, I kind of distracted
[34:19.240 --> 34:27.400]  myself. When we came in, I was telling you about I'm going to put together the foreclosure issue.
[34:27.400 --> 34:34.120]  I'm going to bring that back on board. And in conjunction with the foreclosure issue,
[34:35.000 --> 34:45.800]  I'm in the process of building a process we can use to go after the governors for these
[34:45.800 --> 34:53.240]  shelter-in-place orders. I've got about 100 lawsuits from around the country that people
[34:53.240 --> 34:59.240]  have filed against governors and local officials on this subject. So that'll give me a lot of
[35:00.920 --> 35:11.000]  law and case law to work from and a plan to build an online tool. First, I'm going to build one
[35:11.000 --> 35:19.640]  for foreclosure that will take into account this issue because if you're in this country and you
[35:19.640 --> 35:29.480]  work for a living, this necessarily impacted you greatly. And for those of you who have been on
[35:29.480 --> 35:37.800]  unemployment and unemployment, they added this extra $600 to keep you happy and pacified
[35:37.800 --> 35:45.560]  while they're trying to strip all your rights from you. I'll give you a little interesting
[35:45.560 --> 35:56.440]  information. You may not feel like you were so so greatly harmed by this shelter-in-place order
[35:57.000 --> 36:03.720]  because you got a pretty good deal on a workman's compensation. Well, a workman's
[36:03.720 --> 36:12.120]  compensation, that's insurance. You paid for it. Now, it doesn't seem like you paid for it
[36:12.120 --> 36:20.280]  because actually your employer is the one who wrote the check for it. But had your employer not
[36:20.920 --> 36:26.840]  written the check for it, your employer would have been able to use more money to compete
[36:26.840 --> 36:37.560]  in the business for better employees. So that money the employer was spending for
[36:39.000 --> 36:45.720]  workman's compensation was part of the cost of you as an employee. If he wasn't spending it there,
[36:45.720 --> 36:53.160]  he could give more of it to you. That's insurance. And if you collect on an insurance policy,
[36:53.160 --> 36:59.560]  that has nothing to do with any other harm. I once had a stereo system stole from me that
[37:00.280 --> 37:06.360]  when I bought it, I got a little insurance program with it. It was only about ten bucks.
[37:06.360 --> 37:13.480]  So I said, yeah, go ahead with the insurance on it. And then I had it in a garage and it got
[37:13.480 --> 37:18.680]  stolen out of the garage. So I went to call the police and they come out and do their little
[37:18.680 --> 37:24.840]  song and dance. And they actually caught the guy. The insurance company paid me for the stereo.
[37:25.960 --> 37:31.720]  And then the police caught the guy and got the stereo back. And they called me to come and get
[37:31.720 --> 37:37.400]  it. And I said, wait a minute, I got paid by the insurance company. They said, that don't make
[37:37.400 --> 37:41.960]  any difference. So I called the insurance company and told them that they got my stereo and you
[37:41.960 --> 37:47.960]  guys already paid me for it. I said, no, we didn't. I said, you had an insurance policy with us and
[37:47.960 --> 37:54.520]  we paid off the insurance. We don't want that stereo. That's your stereo. You see, the insurance
[37:54.520 --> 38:03.000]  company, they played poker with me. They bet that my stereo would not get stolen. I bet that it
[38:03.000 --> 38:11.480]  would get stolen. They lost the bet. So what you got for workman's compensation, that was insurance.
[38:11.480 --> 38:20.760]  Workman's compensation insurance lost the bet. So they paid the debt. That does not in any way
[38:20.760 --> 38:29.720]  compensate you for the harm caused by the governor. You were still harmed. Had you not had
[38:29.720 --> 38:38.920]  workman's comp, you had really been screwed. So you have standing to sue the governor
[38:38.920 --> 38:48.760]  for what he cost you or the county commissioner's court judge who issued an order that adversely
[38:48.760 --> 38:55.160]  affected you. So I will be building a tool for that. Keep an eye open for it. I'll let you know
[38:55.160 --> 39:01.080]  when I get it up and working. And I'd like some of you folks to look at it and pull it down and
[39:01.080 --> 39:06.040]  try it out. We're going to try out a procedure where we use an administrative procedure first,
[39:06.040 --> 39:15.640]  notice an opportunity. I've been harmed by this much. Make me hold or be sued. And we run the
[39:15.640 --> 39:21.720]  commercial process to perfect the claim. And then when the governor doesn't send us our money,
[39:21.720 --> 39:26.280]  then we file suit against them. And then we go to the court and show the court how we use the
[39:26.280 --> 39:32.120]  administrative process to try to settle this issue before it got here. And then we hammer the
[39:32.120 --> 39:40.040]  lawyers for the governor and see how much money we can cost them and then ask the court to order
[39:40.040 --> 39:46.520]  mediation. Play let's make a deal. Yeah, I sued you for three times the value of my property.
[39:46.520 --> 39:52.840]  I tell you what, cut my suit by two thirds, write me a check, and I'll drop my suit against you.
[39:53.960 --> 40:00.920]  That's kind of the idea we're going to go at this from. Okay, got three callers on. I'm going to go
[40:00.920 --> 40:06.680]  ahead and go to our callers unless you have something, Brett. No, I'm ready for some callers.
[40:06.680 --> 40:13.240]  Okay, we're going to JC in Texas. Hello, JC. Hello, Randy, Brett. Good evening.
[40:14.200 --> 40:22.120]  Hello there. What do you have for us today? Well, I filed a bunch of papers. I've got traffic
[40:22.120 --> 40:27.800]  court to go to and I wanted to go to trial because I've been playing with them for a while here.
[40:27.800 --> 40:35.000]  But I filed out all your forms on your website, filed them with the clerk in triplicate and got
[40:35.000 --> 40:40.840]  my copies and state stamped and all that. And so now I go to pretrial and it's about not having
[40:40.840 --> 40:47.880]  registration on my F-250. Oh, whoa, whoa, whoa, whoa. What did the cop stop you for?
[40:48.920 --> 40:52.360]  He stopped me because he said something flew out of the bed of my truck.
[40:52.360 --> 41:02.040]  Oh, darn it. I was hoping he stopped you for not displaying registration.
[41:03.080 --> 41:07.000]  Right, right. I've heard that before. Okay. Yeah, I've been listening to your show for some time,
[41:07.000 --> 41:10.840]  but yeah, he did. And then he says, well, I'm not going to write you a ticket for that,
[41:10.840 --> 41:16.680]  but I'm going to write you a ticket for your tax being outdated. And he also wrote me one for no
[41:16.680 --> 41:21.960]  insurance in which I have insurance, but that's an easy one. But my question is, I've filed all
[41:21.960 --> 41:27.080]  those documents. They're going to ask me questions. I've never been through this procedure yet,
[41:27.080 --> 41:31.080]  even though I've been listening to your show for a while. What should I expect and what should I
[41:31.080 --> 41:38.040]  say or not say? Well, when you go, have you made your first appearance at the court?
[41:39.560 --> 41:47.000]  No, sir, just to the clerk. Okay. Okay. Oh, that's an appearance. Did the clerk ask you for a plea?
[41:47.000 --> 41:55.880]  She did. And I said, I do not plea. And she said, well, everybody please. And then the bailiff
[41:55.880 --> 41:59.560]  said, well, everybody has to plea. And I said, well, are you giving me legal advice too? Because
[41:59.560 --> 42:09.080]  I'm not fleeing anything here. So what did they do? They just went forward and took my documents
[42:09.080 --> 42:16.680]  and filed them at the court. Okay, good. Then you don't have to file criminal charges against
[42:16.680 --> 42:24.680]  the clerk. She dodged that bullet. Now they're going to order you to come to court.
[42:26.840 --> 42:35.960]  And what it's going to be is, let's make a deal. What town? Tell me you're in Southlake.
[42:37.320 --> 42:42.920]  No, I'm in Grayson County, Texas, north of Dallas. Oh, okay. I know where Grayson County is.
[42:42.920 --> 42:49.640]  Yeah. If it was Southlake, I went with a friend of mine who has a trucking company
[42:49.640 --> 42:56.200]  or an excavating company. And he's finally got them to leave him alone because he's not in commerce.
[42:56.200 --> 43:00.840]  But they ticketed one of his drivers and I went there with the driver. And they're calling people
[43:00.840 --> 43:05.560]  in to meet with the prosecutor. And they call this guy and he gets up to go in and I go with him.
[43:06.280 --> 43:12.600]  And the bailiff said, wait, wait, you can't go in there. I said, oh, so is the judge in there?
[43:12.600 --> 43:16.760]  I know the prosecutor is in there. Well, is the prosecutor going to convene a hearing?
[43:17.960 --> 43:20.680]  Well, no, he's just going to talk to him. Then I'm going to go with him.
[43:21.640 --> 43:27.560]  I said, oh, no, you can't go in there. I said, bailiff, don't tell me that. Go get your sergeant
[43:27.560 --> 43:34.680]  to tell me that. Oh, this was Southlake and they already knew who I was. So they got the sergeant
[43:35.560 --> 43:40.600]  and I asked the sergeant to arrest you to go get the judge and arrest him.
[43:40.600 --> 43:46.520]  And I wound up filing 58 felony charges against the prosecuting attorney.
[43:46.520 --> 44:10.520]  26, 26 year old, her first day on the job. Hang on, Randy Kelton, Brett Fountain, we'll be right back.
[44:16.520 --> 44:21.960]  You don't have any money to give because I spent it all on supplements. How can I help logos?
[44:21.960 --> 44:27.160]  Well, I'm glad you asked. Whenever you order anything from Amazon, you can help logos with
[44:27.160 --> 44:31.880]  ordering your supplies or holiday gifts. First thing you do is clear your cookies. Now,
[44:31.880 --> 44:38.840]  go to logosreguletwork.com. Click on the Amazon logo and bookmark it. Now, when you order anything
[44:38.840 --> 44:45.320]  from Amazon, you use that link and logos gets a few pesos. Do I pay extra? No. Do you have to do
[44:45.320 --> 44:51.800]  anything different when I order? No. Can I use my Amazon Prime? No. I mean, yes. Wow, giving
[44:51.800 --> 44:57.720]  without doing anything or spending any money, this is perfect. Thank you so much. We are
[44:57.720 --> 45:05.240]  welcome. Happy holidays, logos. Are you the plaintiff or defendant in a lawsuit? Win your case without
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[45:24.840 --> 45:32.360]  by step course and now you can too. Jurisdictionary was created by a licensed attorney with 22 years
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[45:38.360 --> 45:44.040]  understand about the principles and practices that control our American courts. You'll receive
[45:44.040 --> 45:51.720]  our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much
[45:51.720 --> 46:11.080]  more. Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[46:22.680 --> 46:32.760]  Okay, we are back. Randy Kelton, Brett Fountain, rule of law radio on this the 20th day of August
[46:32.760 --> 46:41.560]  2020 and Brett has a suggestion for you, JC. Go ahead, Brett. Yes, I do. Well, that's really great.
[46:41.560 --> 46:47.480]  I was thinking about the story you were just telling about 58 criminal complaints on the
[46:47.480 --> 46:55.480]  lady's first day of work. That can't have been a fun intro for her, but I was thinking about,
[46:55.480 --> 47:01.240]  JC, your situation there. You said that they accused you of not having insurance, but you had
[47:01.240 --> 47:13.480]  insurance and when you get that cop on the stand, you might ask him what happened when he attempted
[47:13.480 --> 47:24.200]  to verify your insurance. Take a look at the Texas Transportation Code in 601-053 subsection C,
[47:25.400 --> 47:32.360]  and it says a peace officer may not issue a citation for an offense under 601-191,
[47:32.360 --> 47:38.680]  which is driving around without proof of insurance. He can't issue that citation unless he attempts
[47:38.680 --> 47:44.440]  to verify through his verification system that financial responsibility has been established
[47:44.440 --> 47:50.280]  for the vehicle and he is unable to make that verification. So he can't just walk up to you
[47:50.280 --> 47:56.440]  and if you can't find your paper, then he writes you a ticket. He has to go look in his verification
[47:56.440 --> 48:12.200]  system first. JC, did you file a T-Cole complaint against this officer? Oh, we can probably hear
[48:12.200 --> 48:19.960]  you better if I unmute you. Okay, try that again. Go ahead, JC. No, I did not. He was a
[48:19.960 --> 48:25.560]  consummate professional the whole way, but now that I hear about this 601 and I know that he did run my
[48:25.560 --> 48:29.560]  information because he went back to his car and he came back and he didn't even tell me he was
[48:29.560 --> 48:34.440]  giving me a ticket for no insurance because I have insurance and he told me about the
[48:34.440 --> 48:39.560]  registration being expired. So anyway, yeah, I should keep closing. I still have time, right?
[48:41.000 --> 48:46.840]  Yeah, absolutely. In this case, if the guy was a consummate professional,
[48:46.840 --> 48:57.000]  he should get a letter of commendation from you to his boss and then a T-Cole complaint.
[48:58.360 --> 49:02.920]  And what the T-Cole complaint said is this guy was a consummate professional,
[49:03.880 --> 49:06.680]  but he was obviously poorly trained.
[49:06.680 --> 49:17.800]  That'll make him crazy because you're talking good about the policemen while you're hammering him
[49:17.800 --> 49:24.760]  big time. Got you, okay. But JC, have you ever been in the military? Yes, sir.
[49:25.560 --> 49:30.920]  Did you understand that part? Yes. These are the rules. This is how we do this.
[49:30.920 --> 49:38.280]  You know, in COIC, he would hammer me for violating a rule. Nothing personal here and
[49:38.280 --> 49:45.160]  clearly nothing personal. We have to touch all these bases and you didn't touch a base,
[49:45.720 --> 49:52.840]  so we have to address that. So next time you'll touch that base. Nothing personal. Same with
[49:52.840 --> 50:00.440]  this officer. If you've got a guy who's a real scoundrel, they expect to be hammered for being
[50:00.440 --> 50:09.720]  a real scoundrel. But the guy who attempts to do it all right and screws it up and you sting him,
[50:11.000 --> 50:20.040]  that's going to get everybody's attention. Okay. And especially a T-Cole complaint really gets
[50:20.040 --> 50:28.360]  their attention. Okay, go ahead guys. I interrupt it again. That's okay. What do I do when I go
[50:28.360 --> 50:39.480]  to court now? You give them opportunity to screw up everything. They will almost certainly
[50:40.200 --> 50:47.880]  just want to send you to talk to the prosecuting attorney. And Brett was with me at the Highland
[50:47.880 --> 50:54.600]  Park when I told him, oh, I don't talk to persecuting attorneys. Well, actually the prosecutor,
[50:54.600 --> 51:00.600]  they were calling people up. The judge was and the prosecutor. We were in line and one went to
[51:00.600 --> 51:04.680]  the judge, one went to the prosecutor. Well, I went to the prosecutor and he called me over and I said,
[51:05.320 --> 51:12.280]  oh, oh, uh, you don't want to talk to me. He said, I don't want to talk to you. No, no, no,
[51:12.280 --> 51:18.840]  you do not want to talk to me. Besides, I don't talk to persecuting attorneys. And he was good.
[51:18.840 --> 51:22.680]  He said, oh, okay, we'll just get, step back there in line and the judge will take you next.
[51:22.680 --> 51:33.560]  That's what you tell them. The under 28.01 Texas Code of Criminal Procedure. It lists those things
[51:33.560 --> 51:42.040]  for which you can be summoned to court. To talk to a prosecuting attorney is not one of them.
[51:43.960 --> 51:49.960]  So if you were summoned to court and you were summoned by way of signing the citation,
[51:49.960 --> 51:55.240]  and in this case, you made your appearance. So they'll send you a notice to appear before
[51:55.240 --> 52:00.920]  this prosecutor. And they summoned you to appear before a prosecuting attorney.
[52:02.520 --> 52:08.200]  Well, you look at what's going on there. Is there a judge in the building?
[52:09.960 --> 52:15.800]  Did the judge start things out by convening a hearing?
[52:15.800 --> 52:22.840]  Generally, they don't bother with any of that. Generally, the prosecutor will call you up.
[52:23.560 --> 52:28.120]  In Southlake, the prosecutor's in a separate room, and they sent you into that room. So they're,
[52:28.120 --> 52:33.800]  effectively, the prosecutor calls you up. Well, it was the prosecutor who convened the hearing.
[52:34.840 --> 52:41.240]  Right. But he's not a judicial officer. So he's improving judicial order?
[52:41.240 --> 52:48.360]  Yeah, he has no power to convene that hearing. Only the judge has power to do that. That's
[52:48.360 --> 52:54.200]  impersonating a public official. And he's going to say, I am a public official. Yeah, you are.
[52:54.200 --> 53:02.440]  Dog catcher's a public official. Big deal. You impersonated an official. That's not you.
[53:03.560 --> 53:06.920]  You're a public official, but you're not that public official.
[53:06.920 --> 53:12.520]  And that, Brett, is that a class A misdemeanor or a felony?
[53:13.880 --> 53:17.240]  I'm not sure. One of these is a felony. I have to go back and look. I don't recall.
[53:17.240 --> 53:23.880]  Yeah, but it's close to a felony if it's not. I think it's a felony. That's why I got 58 felonies
[53:23.880 --> 53:31.880]  against this prosecutor. And I charged her with impersonating a judge. So if there's no judge
[53:31.880 --> 53:39.000]  there, if there is no judge there, you also file, you get the docket sheet for everybody who's been
[53:39.000 --> 53:47.240]  ordered to appear. And you, that day, and you file against both the prosecutor and the judge
[53:48.200 --> 53:55.320]  for impersonating a public official. So I looked at that in penal code, it's 37.11.
[53:55.320 --> 54:01.160]  And it is a felony of a third degree. Yeah. Right.
[54:03.400 --> 54:13.800]  And however many people they have called in, and you think the only times did you ring that bell
[54:13.800 --> 54:25.960]  today? The only thing they can summon you to court for is for an arraignment hearing under 2801. The
[54:25.960 --> 54:36.200]  first thing is an arraignment under 2601. I'm sorry, 2602 defines an arraignment. An arraignment
[54:36.200 --> 54:43.320]  is a hearing for the purpose of determining the identity of the accused and taking a plea.
[54:45.640 --> 54:57.960]  Well, 2601 instead of 02 says an arraignment may be had in the matter of a felony or a
[54:57.960 --> 55:08.360]  misdemeanor punishable by imprisonment. Now, I read that and thought, what in the heck is going on?
[55:10.200 --> 55:23.160]  Why on earth would the legislature in the very first statute under that chapter restrict arraignments
[55:23.160 --> 55:29.640]  to a felony or a misdemeanor punishable by imprisonment? It intentionally excludes
[55:29.640 --> 55:39.400]  Class C misdemeanor. I have no idea why they would do that. But they did do that.
[55:41.320 --> 55:48.920]  So they can't call you in for an arraignment. The only other things, there's 10 other things
[55:48.920 --> 55:54.920]  they can call you in for. And all of them have to do with motions or pleadings that have been
[55:54.920 --> 56:04.040]  filed with the court. They can't call you in to talk to a prosecutor. That's simulating a legal
[56:04.040 --> 56:13.880]  process. I don't think that one's a felony. But there's a number of them there. If you look at it,
[56:13.880 --> 56:20.520]  look at the law, there's a number of problems there. Okay, they call you in. If they don't
[56:20.520 --> 56:25.560]  send you to meet with a prosecutor, if there actually is a judge there, and he convenes a hearing,
[56:27.240 --> 56:35.000]  and what they do sometimes is they'll actually convene a hearing, and then the judge will
[56:35.000 --> 56:42.120]  give you opportunity to talk to the prosecutor if you want to. And you tell them, oh, no,
[56:42.120 --> 56:49.480]  no, I don't talk to persecuting attorneys. And so then what they will try to do is have an arraignment.
[56:51.000 --> 56:58.920]  If the guy's already been hammered for not being there and just having a prosecutor there,
[56:58.920 --> 57:03.000]  then he'll be there and he'll have the convene hearing. And if you don't want to talk to a
[57:03.000 --> 57:09.400]  prosecutor, then you have an arraignment. You say, you know, I'm here to hear motions that I have
[57:09.400 --> 57:14.520]  before the court. That's the only thing you can call me into court for. So let's hear these motions.
[57:15.640 --> 57:22.440]  All of the documents that are produced on the traffic website are for the specific purpose
[57:22.440 --> 57:31.480]  of getting the judge to ignore them. Let me say, okay, oh, and when they start the hearing,
[57:31.480 --> 57:39.400]  the first thing you do is say, objection, I am here at arms link to the court.
[57:41.000 --> 57:44.920]  I have a challenge to subject matter jurisdiction before the court.
[57:47.000 --> 57:53.640]  This is between you and the judge. And if the prosecutor pops off, you object to the prosecutors
[57:54.360 --> 58:00.040]  opening his mouth because this is not between you and the prosecutor. This is between you and the
[58:00.040 --> 58:08.120]  judge. The prosecutor does not have to prove jurisdiction. The judge has to prove jurisdiction.
[58:09.320 --> 58:14.680]  And I've seen sometimes where the judge tries to lean over to the prosecutor and look to the
[58:14.680 --> 58:19.160]  prosecutor as if the prosecutor is the one who's going to provide that information. What would
[58:19.160 --> 58:25.880]  you do in that kind of situation? Objection. Your Honor, this is between me and you. The
[58:25.880 --> 58:33.720]  prosecutor has no standing yet. Unless the prosecutor is your attorney, in which case,
[58:33.720 --> 58:41.560]  he's disqualified from being the prosecutor. Let's dance, guys. Hang on. Going to our sponsors.
[58:42.200 --> 58:46.680]  Randy Kelton, Brett Fountain, root of our radio. We'll be right back.
[58:46.680 --> 58:55.880]  The Bible remains the most popular book in the world, yet countless readers are frustrated
[58:55.880 --> 59:01.880]  because they struggle to understand it. Some new translations try to help by simplifying the text,
[59:01.880 --> 59:06.040]  but in the process can compromise the profound meaning of the Scripture.
[59:07.000 --> 59:13.480]  Enter the recovery version. First, this new translation is extremely faithful and accurate,
[59:13.480 --> 59:19.560]  but the real story is the more than 9,000 explanatory footnotes. Difficult and profound
[59:19.560 --> 59:24.760]  passages are opened up in a marvelous way, providing an entrance into the riches of the
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[59:36.840 --> 59:47.800]  just by calling us toll-free at 1-888-551-0102 or by ordering online at freestudybible.com.
[59:47.800 --> 59:59.000]  That's freestudybible.com. You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[59:59.000 --> 01:00:05.720]  The following news flash is brought to you by The Lone Star Lowdown.
[01:00:29.160 --> 01:00:41.480]  Ethereum $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[01:00:45.960 --> 01:00:52.440]  In history, the year 1916, the preparedness day bombing, a time suitcase bomb, was detonated
[01:00:52.440 --> 01:00:57.400]  on Market Street in San Francisco during the World War I Preparedness Day Parade,
[01:00:57.400 --> 01:01:00.280]  killing 10 and entering 40 today in history.
[01:01:04.520 --> 01:01:09.320]  And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hemp
[01:01:09.320 --> 01:01:13.720]  and attacks his law back in June, county prosecutors around the state, including Houston,
[01:01:13.720 --> 01:01:17.720]  Austin, and San Antonio, have been dropping marijuana possession charges and even refusing
[01:01:17.720 --> 01:01:22.280]  to file new ones, since they are stipulating that they do not have the time or the laboratory
[01:01:22.280 --> 01:01:27.160]  equipment to test the herb for THC. Margaret Moore, the Travis County District Attorney,
[01:01:27.160 --> 01:01:31.160]  announced earlier this month that she was dismissing 32 felony possession and delivery
[01:01:31.160 --> 01:01:35.960]  of marijuana cases because of the law. Mr. Abbott and other state officials, including the
[01:01:35.960 --> 01:01:40.840]  Attorney General stipulated in a letter to county district attorneys back on Thursday that marijuana
[01:01:40.840 --> 01:01:45.720]  has not been decriminalized in Texas and that these actions demonstrate a misunderstanding
[01:01:45.720 --> 01:01:52.360]  of how HB 1325 works, as well as other cities, too, like the District Attorney in El Paso,
[01:01:52.360 --> 01:01:57.320]  Kyma Esparza, a Democrat who also stated earlier this month that the law, quote,
[01:01:57.320 --> 01:02:02.760]  will not have an effect on the prosecution of marijuana cases in El Paso. However, the issue
[01:02:02.760 --> 01:02:07.560]  was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County,
[01:02:07.560 --> 01:02:11.960]  who stated that, quote, the law is constantly changing on what makes something illegal based
[01:02:11.960 --> 01:02:16.520]  on its chemical makeup. It's important that if someone is charged with something, the test
[01:02:16.520 --> 01:02:25.800]  matches what they're charged with. A paper by Tulane University identified a five-and-a-half-inch
[01:02:25.800 --> 01:02:31.640]  American pocket shark. As the first of its kind in the Gulf of Mexico, the specimen being only the
[01:02:31.640 --> 01:02:37.640]  second pocket shark ever captured or recorded with the other one being found way back in 1979
[01:02:37.640 --> 01:02:42.200]  in the East Pacific Ocean. According to the university paper, the shark secretes a luminous
[01:02:42.200 --> 01:02:48.840]  fluid from a gland near its front fins for the purposes hypothesized to lure and prey
[01:02:48.840 --> 01:03:08.840]  who may be drawn into the clove. This is Brook Roadie with your lowdown for July 22, 2019.
[01:03:18.840 --> 01:03:48.600]  Okay, we are back. Randy Kelce and Brett Fountain, the rules of our
[01:03:48.600 --> 01:03:55.640]  radio, and we're talking to JC in Texas. JC, I kind of, Brett and I kind of cut you off a bit.
[01:03:56.520 --> 01:04:01.480]  You apparently have been paying attention and you pretty well kind of know what you're doing.
[01:04:02.440 --> 01:04:08.760]  Tell me, what is your plan on what you want to do with this traffic ticket?
[01:04:10.120 --> 01:04:16.600]  Well, I mean, you know, I'm tired of them coming after people and stealing money from us for things
[01:04:16.600 --> 01:04:22.040]  like a registration on my vehicle. It's my vehicle, not the state of Texas, but I know not this state
[01:04:22.040 --> 01:04:27.880]  any claims when I'm in court like such is that, but you know, they just beat people up. They get
[01:04:27.880 --> 01:04:32.600]  and people get in the line and pay their fines and your insurance goes up and all these different
[01:04:32.600 --> 01:04:38.440]  things. So I've got all these documents filed and when they violate my due process, I want to go
[01:04:38.440 --> 01:04:46.440]  after them somehow. Okay, that's the point of these documents is to get them to ignore them.
[01:04:47.960 --> 01:04:57.640]  Right. Because we have a Packer V, do you remember what that one is, Brett, that says
[01:04:57.640 --> 01:05:04.360]  that the court has a Walker, Walker, Packer V Walker. There's a Walker V Packer.
[01:05:04.360 --> 01:05:10.840]  Yeah, Walker V Packer, okay. Walker V Packer says the court has no discretion
[01:05:11.720 --> 01:05:19.720]  in properly applying the law to the facts of failure to do so is an abuse of discretion.
[01:05:21.560 --> 01:05:28.920]  Now, period, an abuse of discretion that has the effect of denying a citizen in a
[01:05:28.920 --> 01:05:34.680]  full and free access to or enjoyment of a right is an act of official oppression.
[01:05:35.880 --> 01:05:43.480]  It's a class A misdemeanor. So if you filed all these motions, so then we say, did the judge rule
[01:05:43.480 --> 01:05:52.840]  on this issue in this motion? If he failed to rule on that issue, then he has denied you in your
[01:05:52.840 --> 01:05:59.880]  right to petition the court for redress of grievance. Boom, criminal complaint. Did he rule on this
[01:05:59.880 --> 01:06:08.200]  issue in this motion? No, man, another criminal complaint. So you file all these documents,
[01:06:08.200 --> 01:06:15.800]  they blow them off, and then you come back with criminal charges, bar grievances, judicial
[01:06:15.800 --> 01:06:25.320]  conduct complaints, a bigger stack the next time. So look forward to you appearing before the court.
[01:06:27.400 --> 01:06:32.360]  It should get interesting. What if they ask, I mean, no, they're going to ask me,
[01:06:32.360 --> 01:06:37.880]  how do I plead this supposed arraignment or a pretrial or whatever they're going to call it?
[01:06:37.880 --> 01:06:47.080]  But if the court, if the judge is there and he convenes a hearing, then when they ask you how
[01:06:47.080 --> 01:06:54.520]  you plead, you say objection. I'm here at arms link to the court. I have a challenge to subject
[01:06:54.520 --> 01:07:03.640]  meta jurisdiction before the court. Before the court can get across the threshold, they must
[01:07:03.640 --> 01:07:13.800]  address subject meta jurisdiction. Judge, who the heck are you? And what authority do you have
[01:07:13.800 --> 01:07:21.000]  to stand in front of me and call me to answer? That's the first thing. And then if they,
[01:07:21.720 --> 01:07:29.240]  if he looks at the subject meta jurisdiction challenge and denies it, which they normally
[01:07:29.240 --> 01:07:37.720]  just denied out of hand, then you go ahead and plead not guilty and demand that the court hear
[01:07:37.720 --> 01:07:43.560]  every one of the motions that you have before the court. If the prosecutor objects to it too bad,
[01:07:44.680 --> 01:07:51.480]  these were timely filed. If the prosecutor did not prepare himself before trial and asked for
[01:07:51.480 --> 01:07:59.400]  sanctions against the prosecutor for wasting my time. And then if, then if, then if the court
[01:08:00.600 --> 01:08:06.040]  wants to delay the hearing to give the prosecutor time to read your pleadings,
[01:08:06.040 --> 01:08:10.520]  then you're going to notice the court that I will be billing you for my time.
[01:08:12.120 --> 01:08:18.200]  Because this is a due process violation. You did not ask me whether or not this was a good
[01:08:18.200 --> 01:08:24.920]  time for me to come to your court. You ordered me to be in your court on this day at this time.
[01:08:24.920 --> 01:08:31.720]  And because of that, you have a duty to be prepared. If you folks haven't done your job,
[01:08:31.720 --> 01:08:37.240]  your problem, not my problem, I expect to be paid for it. And then we start an administrative
[01:08:37.240 --> 01:08:44.360]  process against them to collect that. And then you put a claim against the city or the county,
[01:08:44.360 --> 01:08:53.880]  whichever it is, and that screws up their bond rating. When you have an unpaid bill.
[01:08:57.560 --> 01:09:03.800]  So, so it's good. And that's why I ask what you wanted to do. This is not, you're not so
[01:09:03.800 --> 01:09:09.480]  concerned about the ticket itself. You wouldn't bring them to task. And there's nothing more
[01:09:09.480 --> 01:09:14.280]  noble than that. I have the means and the wherewithal to go follow through with this. So I'm going to do it.
[01:09:16.440 --> 01:09:22.920]  And that's what we need. We have one guy in each county doing this. You're going to have every
[01:09:24.280 --> 01:09:32.760]  magistrate, every judge and municipal judge and JP in the county worried that they're going to
[01:09:32.760 --> 01:09:41.560]  wind up with you in their court. Right. That is my goal. I'd love to be on the do not detain list
[01:09:41.560 --> 01:09:50.200]  eventually, but yeah, that's the best we can do. You know, I'm usually driving to my farm to feed
[01:09:50.200 --> 01:09:54.600]  my cows. I'm not robbing any banks and not hurting anybody. I'm not a troublemaker. So don't mean
[01:09:54.600 --> 01:10:04.120]  to pull me over. The last time I got pulled over doing farm work, I was pulling a 32 foot goose
[01:10:04.120 --> 01:10:12.040]  neck with my avalanche. It's 70 in the 60. And the plates were two years old on the trailer.
[01:10:13.000 --> 01:10:18.200]  And the sheriff's deputy come back and told me, well, you need to slow down and get that
[01:10:18.200 --> 01:10:24.280]  registration taken care of. And I said, Oh, thanks. That was nice. The next day I went to the
[01:10:24.280 --> 01:10:32.440]  convenience store across the street from me. And Billy Joe, Joe Bob Cruz, he always listens to the
[01:10:35.000 --> 01:10:39.960]  the police standard. And he said, what'd you do that sheriff's deputy yesterday? So I didn't do
[01:10:39.960 --> 01:10:45.240]  anything to him. Why? He said, well, he called in your name. And the dispatcher said, don't you dare
[01:10:45.240 --> 01:10:55.320]  give that SOB no ticket? You give him his license game out of there. Why? They don't like me. If I
[01:10:55.320 --> 01:11:03.320]  only had all of your knowledge, I wish it's not knowledge. I don't have that much knowledge.
[01:11:04.440 --> 01:11:10.280]  I know it seems like it. But you know, if I come to you and tell you I got a cow down,
[01:11:10.280 --> 01:11:16.840]  and he's got these symptoms, bam, you're going to tell me exactly what it is. Right? Are you a
[01:11:16.840 --> 01:11:26.680]  genius? Yeah, you gotta there are things that keep coming up. And you just have experience
[01:11:26.680 --> 01:11:32.760]  with those things that keep coming up. I help people with with traffic and court issues. But
[01:11:32.760 --> 01:11:43.080]  if you listen a lot, you'll notice I keep telling the same things over and over. 39.03 Texas Penal
[01:11:43.080 --> 01:11:49.560]  Code. If you've listened very long, you've heard me quote that probably a hundred times.
[01:11:51.960 --> 01:12:01.720]  The biggest thing is having experience of going into the court one time with no fear of them
[01:12:01.720 --> 01:12:10.680]  and taking them on. Once you've done that right, once you realize that the emperor has no clothes.
[01:12:13.080 --> 01:12:20.920]  It's all smoke and mirrors. After the first time, it gets easy. And I tell people that, you know,
[01:12:20.920 --> 01:12:27.320]  I've asked the bait after arrest the judge. And they say, oh my goodness, I could never do that.
[01:12:27.320 --> 01:12:31.800]  But once you've been through a traffic court with them,
[01:12:33.000 --> 01:12:39.240]  and run them through your program one time, the next time you get a hold of them,
[01:12:39.880 --> 01:12:43.640]  asking the judge and the bailiff to arrest the judge would be a piece of cake.
[01:12:45.160 --> 01:12:51.960]  Because you realize this is the most important thing once you realize that it's all smoke and
[01:12:51.960 --> 01:13:00.360]  mirrors and it gets easy. The only problem with it is it gets to be way too much fun.
[01:13:01.560 --> 01:13:09.560]  We have Robert from California on here on the board. And he is clearly having way too much fun.
[01:13:10.840 --> 01:13:15.080]  Wow. I'm ready for that. I've got the time, like I said. So thank you, Randy and Brett.
[01:13:15.080 --> 01:13:23.080]  I actually have another suggestion for you about the court there. Randy was saying
[01:13:24.360 --> 01:13:30.520]  that if you get to a point you say not guilty, I personally don't do that. And I don't know,
[01:13:30.520 --> 01:13:40.440]  Randy, you may speak to this. But the Code of Criminal Procedure 27.14, subsection D,
[01:13:40.440 --> 01:13:46.040]  gives them a little loophole. It gives them extra leeway that I don't want to give them.
[01:13:46.600 --> 01:13:55.320]  If I say not guilty or I fail to appear based on a written notice, then they get a chance to file
[01:13:55.320 --> 01:14:02.520]  a different kind of criminal complaint that has much lower bar. They get to file a chapter 45
[01:14:02.520 --> 01:14:07.800]  criminal complaint instead of a chapter 15 criminal complaint that has a much higher bar.
[01:14:07.800 --> 01:14:12.680]  And I want them to be held accountable to the higher bar. So I won't say not guilty.
[01:14:14.680 --> 01:14:21.880]  I'll just make them, what they always do is they say, well, if you're not going to plead,
[01:14:21.880 --> 01:14:26.360]  I'm just going to plead on your behalf. Well, judge, you do whatever you feel like you have to do.
[01:14:27.640 --> 01:14:33.960]  But if I say the word's not guilty, then the prosecutor's bar is lowered to a chapter 45
[01:14:33.960 --> 01:14:39.240]  criminal complaint. And I don't want to do that. I want to be able to call him out for his insufficient
[01:14:39.240 --> 01:14:52.120]  charging instrument. JC, that's what a guru looks like. Oh, boy. Well, I'm going to keep studying.
[01:14:52.120 --> 01:14:56.760]  I've got until the ninth of the month, so then I have to appear. So I'm working on it.
[01:14:57.720 --> 01:15:02.120]  Keep us up to speed on how this goes. It sounds like you're going to have a lot of fun with it.
[01:15:02.120 --> 01:15:06.920]  Yeah, enjoy. Thank you. I love the show. I've loved it for years. And I'm about to have been
[01:15:06.920 --> 01:15:11.560]  learning things, but this is my first attempt at this. So I don't think, fortunately, I don't get
[01:15:11.560 --> 01:15:20.040]  pulled over every day. So you sound, you sound confident. And if there's one thing we try to
[01:15:20.040 --> 01:15:28.840]  impart, it's confidence. No matter what they do, you got all kind of stuff you can do back to them.
[01:15:28.840 --> 01:15:33.320]  And you sound confident. I think you're going to like this.
[01:15:34.600 --> 01:15:37.160]  All right. Fantastic. And thank you again, gentlemen.
[01:15:38.040 --> 01:15:44.120]  Okay. Thank you, JC. Now we're going to go to Chris in Colorado. Hello, Chris.
[01:15:45.320 --> 01:15:48.920]  Hey, guys. What do you have for us today?
[01:15:50.600 --> 01:15:54.680]  I have a question. I've been pretty busy since the last time I talked to you guys.
[01:15:54.680 --> 01:16:03.720]  I'm just experimenting with the whole mask mandate and businesses, etc. And I've got to a point where
[01:16:03.720 --> 01:16:10.440]  I need a little more rational guidance, if I may. Brett, you're up.
[01:16:13.720 --> 01:16:18.280]  I've watched what's happening. And obviously, we all know what's going on with COVID and we just
[01:16:18.280 --> 01:16:22.840]  don't even need to go there anymore. This is totally ridiculous. But what we're up against now is a
[01:16:22.840 --> 01:16:28.760]  new police, the type of police, which is our corporation. And so they're the ones that have been
[01:16:28.760 --> 01:16:35.000]  put to task by whomever the power is at the to see if they can enforce. Looks like we're going to
[01:16:35.000 --> 01:16:42.040]  a break here. Okay, hang on. We will pick this up on the other side. Randy Kelton, Brett Fountain,
[01:16:42.040 --> 01:16:49.720]  RulaVar Radio. It's a good time to go to check out our sponsors on Logos Radio Network. And if
[01:16:49.720 --> 01:16:57.240]  you like what we bring to you, look at our sponsors. They will help you achieve the remedy we talk
[01:16:57.240 --> 01:17:03.720]  about here. You'll be right back. Logos Radio Network welcomes a new show to our lineup for
[01:17:03.720 --> 01:17:10.360]  the new year. Scripture Talk with Nana will begin Wednesday, January 8 from 8 to 10 p.m. Central
[01:17:10.360 --> 01:17:17.080]  Time. Our goal is in accord with Matthew 516. Let your light so shine before men that they may see
[01:17:17.080 --> 01:17:23.080]  your good works and glorify your Father which is in heaven. We wish to reflect God's light and be a
[01:17:23.080 --> 01:17:28.760]  blessing to all those with a hearing ear. Join Nana and guests for both verse by verse Bible
[01:17:28.760 --> 01:17:35.000]  studies and topical Bible studies designed to provoke unto love and good works. Our verse by
[01:17:35.000 --> 01:17:39.800]  verse Bible studies will begin in the book of Matthew, where we will discuss one chapter per
[01:17:39.800 --> 01:17:45.720]  week. Our topical Bible studies will vary each week and will explore sound doctrine as well as
[01:17:45.720 --> 01:17:52.520]  Christian character development. So mark your calendar and join us live on LogosRadioNetwork.com
[01:17:52.520 --> 01:17:58.680]  Wednesdays from 8 to 10 p.m. starting January 8 for an inspiring and motivating discussion of the
[01:17:58.680 --> 01:18:09.320]  Scriptures. It's the 2019 Logos Radio Network annual fundraiser and gun giveaway sponsored by
[01:18:09.320 --> 01:18:16.120]  Central Texas Gun Works. Go to LogosRadioNetwork.com and enter to win. Any amount is appreciated.
[01:18:16.120 --> 01:18:21.320]  Everything helps to keep us on the air. From Central Texas Gun Works, the grand prize up for
[01:18:21.320 --> 01:18:29.000]  grabs is the Spikes Tactical AR-15. More prizes and sponsors to be announced. Every $25 donation is
[01:18:29.000 --> 01:18:35.720]  a chance to win. When you purchase Randy Kelton's e-book, Legal 101, you get four chances to win.
[01:18:35.720 --> 01:18:41.080]  Purchase Eddie Craig's traffic seminar and get 10 chances to win. If you've enjoyed the shows on
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[01:18:46.360 --> 01:18:52.360]  programming on talk radio today. We also accept Bitcoin and other cryptocurrencies. And remember,
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[01:19:22.520 --> 01:19:30.520]  Okay, we are back. Randy Kelton, Brett Fountain, Rue LeBlanc Radio, and we're talking
[01:19:31.080 --> 01:19:38.360]  to Chris in Colorado. Okay, go ahead, Chris. Okay, so obviously there's a new plan coming
[01:19:38.360 --> 01:19:43.640]  and it seems to be worldwide that they're going to try to implement, you know, almost like this
[01:19:43.640 --> 01:19:49.640]  social credit thing. Meaning that if we don't behave, we don't get to shop at certain places.
[01:19:49.640 --> 01:19:52.840]  And we're seeing it right now, obviously. You guys are probably seeing it in Texas some place,
[01:19:52.840 --> 01:19:56.360]  but stores won't let you in even if the state doesn't have a mandate.
[01:19:57.800 --> 01:20:05.640]  They'll try to enforce masks and not let you in. So I've been pushing against this since day one
[01:20:06.520 --> 01:20:09.880]  and making a stink and making them realize that I'm not somebody they want to
[01:20:10.920 --> 01:20:15.400]  keep going because I will call the police on them and we'll have the interaction and I've done it.
[01:20:15.400 --> 01:20:18.200]  Good. Good for you. Good.
[01:20:19.400 --> 01:20:23.880]  Yeah, so I had the police call to educate the place that they can't do it. They can't enforce
[01:20:23.880 --> 01:20:27.640]  that and, you know, they could ask me to leave. It usually doesn't get there because they don't
[01:20:27.640 --> 01:20:35.400]  even know why they're asking me to leave. So now I'm at a point where I want to start,
[01:20:35.400 --> 01:20:39.160]  like, I was out of business today. I was over in Illinois again. I was out of business today and
[01:20:39.160 --> 01:20:46.120]  they wouldn't let me in. And I said, well, you know, I use one of the strategies that I can't
[01:20:46.120 --> 01:20:52.360]  wear it. Okay, well, it doesn't matter. So I said, okay, you're now violating some of the law,
[01:20:52.360 --> 01:20:57.560]  even the rules behind the mandate. And so can I ask you why you're doing that?
[01:20:58.840 --> 01:21:05.720]  Well, we got threatened to shut our business down if we, and a $10,000 fine, if we don't
[01:21:05.720 --> 01:21:10.920]  completely deny every single person who doesn't wear a mask. It doesn't matter if it's medical,
[01:21:10.920 --> 01:21:16.520]  doesn't matter what the reason is. I said, okay, you understand that's not how it works. Then they
[01:21:16.520 --> 01:21:20.280]  said, we don't care. We don't want to get fined and shut down. And this is a pretty big corporation.
[01:21:20.280 --> 01:21:26.680]  This is a national business, a part of ours. So I eventually talked to the manager,
[01:21:26.680 --> 01:21:29.720]  he gave me a call and he says, you know, I agree with you, man, I don't want to have to do this,
[01:21:29.720 --> 01:21:34.280]  but we're a little worried because the wallgreens down the street got the $10,000 fine.
[01:21:34.280 --> 01:21:42.680]  So I'm up now to a level of having to see how I can get the businesses held accountable,
[01:21:42.680 --> 01:21:47.160]  because that's our next line. That's where it's drawn to see if the businesses are going to enforce
[01:21:47.160 --> 01:21:51.720]  this. And if they don't, then they get fined. So the people have already mostly submitted to the
[01:21:51.720 --> 01:21:55.400]  masks. So now they know they can go to the next, which is getting the businesses to now be the
[01:21:55.400 --> 01:22:01.880]  new police. I don't know what's going to come after that. But if we can, if I can, or if more
[01:22:01.880 --> 01:22:09.640]  people can turn the burden back on the businesses to stop being the police, then we can start to
[01:22:09.640 --> 01:22:14.040]  flip this down to the next level, which is us stop acquiescing for the mask. So that's where
[01:22:14.040 --> 01:22:19.560]  I'm at. I don't know how to go through some of these procedures to really put these businesses
[01:22:19.560 --> 01:22:28.920]  under scrutiny. I'll give you, sorry. Go ahead. I've got a question when you're done.
[01:22:28.920 --> 01:22:34.120]  I just want to give one last quick example of the other extreme. I talked to a business in Iowa,
[01:22:34.840 --> 01:22:39.640]  and he said, you know, up until just two weeks ago, this was one week ago, I wasn't wearing masks,
[01:22:39.640 --> 01:22:43.800]  but people started complaining. So we decided to do it. I said, well, how about doing this?
[01:22:43.800 --> 01:22:48.200]  Why don't you put a sign up and say, instead of putting a sign up that you have to wear a mask,
[01:22:48.200 --> 01:22:53.960]  put a sign up that says, in order to protect our employees, we are not requiring anybody to wear
[01:22:53.960 --> 01:23:00.920]  a mask. But if you want us to wear a mask, we will do that. And that now puts the shame back on the
[01:23:00.920 --> 01:23:05.880]  person who's going to complain, you know, the Karens. And they're not as many Karens as there are
[01:23:05.880 --> 01:23:10.280]  rational people, but most rational people are just doing it because they don't want to, you know,
[01:23:10.280 --> 01:23:16.040]  get in confrontation. So that's the angle. I want to start kicking it back down to the people,
[01:23:16.040 --> 01:23:24.200]  to the shaming, to the business that stops contributing to the shaming. Okay. What I'm
[01:23:24.200 --> 01:23:32.440]  thinking is, what duty does a business have to cater to your preference?
[01:23:34.760 --> 01:23:41.960]  No, I'm not being facetious, or I'm taking taking the side of the lawyer on the other side.
[01:23:41.960 --> 01:23:51.640]  This is my business. And since it's my business, well, I can put any requirements in I want to,
[01:23:51.640 --> 01:23:56.360]  and I'm going to say, wait a minute, wait a minute, you have a business that's open to the public.
[01:23:57.160 --> 01:24:06.680]  You cannot arbitrarily and capriciously treat one customer differently than another.
[01:24:06.680 --> 01:24:13.880]  Would you say that if I'm black, I can't come in your business at all? Or if I'm white,
[01:24:13.880 --> 01:24:21.960]  and I don't have a mask on, I can't come in your business. Where does that line drawn between my
[01:24:21.960 --> 01:24:31.320]  rights and your rights as the business owner, my rights as a customer doing business in public,
[01:24:31.320 --> 01:24:37.480]  doing business in public, being free from discrimination, and your right as a business?
[01:24:38.600 --> 01:24:49.160]  Well, in a sense, the businesses are not wrong to say, no shoes, no shirt, no service. They can
[01:24:49.160 --> 01:24:53.800]  add a mask to that, or they can demand that all of their customers have to wear a yellow tie.
[01:24:55.080 --> 01:25:01.000]  It's just, it's improper, it's inappropriate, but it's their business. So they can say they
[01:25:01.000 --> 01:25:06.360]  only want to do business with people who are between the ages of 10 and 12. And that's,
[01:25:06.360 --> 01:25:12.280]  that's their, that's their call to make. Well, then there's this call. But what about this?
[01:25:12.280 --> 01:25:19.560]  What about champerty? Randy, that comes to be as a possible, if we were to go to that Walgreens,
[01:25:20.440 --> 01:25:30.680]  and, and buy their claim, and then harass the heck out of the governor of that particular
[01:25:30.680 --> 01:25:37.000]  state. Do you think there's any traction to be gotten there? Because basically the governor
[01:25:37.000 --> 01:25:42.600]  is putting these Walgreens, he's turning them into law enforcement.
[01:25:42.600 --> 01:25:49.400]  Well, okay, we could get there, but first we have to develop a claim.
[01:25:51.960 --> 01:25:58.440]  Chris, what angles here? What claim, what claim under law could you come up with?
[01:25:58.440 --> 01:26:04.440]  Well, that's, that's, I understand a private business. And to be honest with you, most private,
[01:26:04.440 --> 01:26:08.840]  small businesses, they don't want to deal with this. I walk into restaurants, nobody says anything,
[01:26:08.840 --> 01:26:14.840]  very, very few, even in the states that have mandates. But the big corporations like Home Depot,
[01:26:15.640 --> 01:26:20.200]  I got thrown out of a, I didn't get thrown out, I left, but I was asked to leave a staples the
[01:26:20.200 --> 01:26:27.160]  other day. And, you know, Kroger grocery stores like that, they're the big guys. And, but here's
[01:26:27.160 --> 01:26:33.480]  the question. They're also essential. And they're publicly traded. So I'm trying to find out the
[01:26:33.480 --> 01:26:39.160]  legality of, of that ramification. You were open during the pandemic, which means you're essential,
[01:26:39.160 --> 01:26:48.200]  which means you can't deny me. But you, you have been given a special privilege. And that privilege
[01:26:48.200 --> 01:26:53.880]  gives you a dude, since you are essential to the public, it gives you a duty to the public.
[01:26:53.880 --> 01:26:57.720]  That's a good point, Chris. I think that's a worthwhile angle.
[01:26:59.000 --> 01:27:04.440]  Okay. And then the argument I had with the woman at Staples, and I looked into it when she was
[01:27:04.440 --> 01:27:08.440]  kind of right, because I was just pissed. It's the first time somebody really, second time somebody
[01:27:08.440 --> 01:27:15.080]  got in my face, but the first time somebody said, I'm asking you to leave. And I said,
[01:27:15.080 --> 01:27:18.920]  you're an essential business. Are you not? She says, yes, you were open during the pandemic.
[01:27:18.920 --> 01:27:22.760]  She says, yes, I said, and you're a public company. That's where she got me. She says,
[01:27:22.760 --> 01:27:26.680]  actually, no, we're not a public company anymore. We're private and it's true. Staples went from
[01:27:26.680 --> 01:27:29.960]  a public and was bought out by a private company. So they're a private entity now.
[01:27:30.520 --> 01:27:35.560]  But I heard somebody say something about this, that if you're a publicly traded company,
[01:27:35.560 --> 01:27:42.760]  that might also change the angle of liability as far as being an essential business. I just
[01:27:42.760 --> 01:27:52.360]  don't know where to look to start building that. Well, you may not have to. What Staples needs
[01:27:52.360 --> 01:28:00.600]  is plausible deniability. Staples needs to be able to say to the governor who issued this order,
[01:28:00.600 --> 01:28:09.800]  so look, Kai, you issued this order, but I had someone come into my establishment. I enforced
[01:28:09.800 --> 01:28:18.440]  your order and now I have a tort letter. Right. And they're about to bring me to court and sue me
[01:28:18.440 --> 01:28:29.480]  and potentially cost me a lot of money because I enforced your order. You have to protect me.
[01:28:29.480 --> 01:28:34.440]  How are you going to protect me? And the governor's not going to protect anybody.
[01:28:35.240 --> 01:28:42.360]  So what we put in now, what corporate can say is, oh my goodness, if we turn someone away
[01:28:42.360 --> 01:28:51.000]  and they wind up suing us, we could wind up deluged with suits and the suits themselves
[01:28:51.000 --> 01:28:56.360]  have put us out of business. So we need to go to the governor and say, look, governor,
[01:28:56.360 --> 01:29:03.560]  if I enforce your mandate, then you have to indemnify me from any claims that come against me
[01:29:04.280 --> 01:29:07.640]  for any potential constitutional violations.
[01:29:07.640 --> 01:29:15.160]  I said constitutional. How do we get to constitutional? What right do we have
[01:29:17.000 --> 01:29:20.920]  to move around in the public and do business with public establishments?
[01:29:21.880 --> 01:29:27.000]  A public establishment who has been given special privilege by the government
[01:29:27.000 --> 01:29:37.560]  becomes entangled in my rights. Hang on. We'll try to figure this out on the other side.
[01:29:38.360 --> 01:29:43.400]  Randy Kelton, Brett Fountain, we have a radio calling. I don't know if I'll give
[01:29:43.400 --> 01:29:48.120]  up the calling number. We've got two more callers. We've got Robert in California and Shane in New York.
[01:29:48.120 --> 01:29:58.920]  We'll pick this up on the other side.
[01:30:02.920 --> 01:30:09.960]  Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps on growing.
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[01:33:24.280 --> 01:33:32.440]  Okay, we are back. Randy Kelton, Brett Fountain,
[01:33:32.440 --> 01:33:39.240]  Rule of Law Radio. And we're talking to Chris in Colorado. Chris, this is a good subject.
[01:33:40.440 --> 01:33:48.040]  And can you call in tomorrow night? Because I want to spend more time on this. And I got two more
[01:33:48.040 --> 01:33:56.200]  callers. If we address this the way I want to, it'll take the rest of the show. Yeah, absolutely.
[01:33:56.920 --> 01:34:05.160]  But think about this part. It's not about the law. It's about perception and plausible
[01:34:05.160 --> 01:34:13.560]  deniability. Corporations are terrified of lawsuits. It looks bad for them. It makes
[01:34:13.560 --> 01:34:20.040]  bad press and it costs them a lot of money to fight lawsuits. When losers draw, they always lose.
[01:34:20.680 --> 01:34:29.080]  So I'm looking from the perspective of how do we give this legitimate corporation
[01:34:29.800 --> 01:34:36.360]  plausible deniability? How do we give them good reason to go to the governor and tell them
[01:34:36.360 --> 01:34:43.800]  to take your order and cram it? You're going to cost me too much money. Okay.
[01:34:45.480 --> 01:34:49.640]  Yeah, a couple things that I'll get off real real quick is I think Home Depot and Walmart
[01:34:49.640 --> 01:34:54.040]  and all of them backed off. Their plausible deniability was they didn't like their boys
[01:34:54.040 --> 01:34:58.680]  getting punched in the face. So apparently they took a new policy that they're not enforcing it
[01:34:58.680 --> 01:35:02.840]  in any of their stores. And I had a manager in South Chicago say, yeah, I can't make you wear a mask.
[01:35:02.840 --> 01:35:08.280]  She told the security guard to back off. So they're starting to have some of that,
[01:35:08.280 --> 01:35:15.160]  but they're still got the signs up. And then somebody told me about a bowling alley guy who
[01:35:15.160 --> 01:35:19.640]  actually got his business shut down because he refused to enforce it. He didn't even want people
[01:35:19.640 --> 01:35:26.440]  wearing masks in his bowling alley. And what the judge said is I can't either deny or enforce it
[01:35:26.440 --> 01:35:31.960]  because the local health board already has the authority. And that's the interesting thing is
[01:35:31.960 --> 01:35:35.640]  what authority does a local health board actually have to enforce and get the police to do this
[01:35:35.640 --> 01:35:40.360]  therefore putting pressure on businesses? So that's part of the spin. And I'm happy to call back
[01:35:40.360 --> 01:35:47.560]  tomorrow and work on this because I think we have some leverage. Yeah. And we need to send
[01:35:47.560 --> 01:35:59.480]  information requests to the governor to request the data on which the governor relied to give him
[01:35:59.480 --> 01:36:10.680]  reason to initiate this order. He had those rumors. He heard rumors, Randy. Yeah. Asked the
[01:36:10.680 --> 01:36:19.800]  governor to support show how he had the authority to interfere with my rights. The problem I've
[01:36:19.800 --> 01:36:25.880]  had with the mask is how do I find a constitutional right not to wear the mask?
[01:36:25.880 --> 01:36:32.520]  Well, I can give you a few examples, but I don't know if they're constitutional,
[01:36:32.520 --> 01:36:37.240]  but the way do I tell you with some of the police in the stairs, it's all me in several
[01:36:37.240 --> 01:36:44.120]  states. I mean, this is interesting for sure. So yeah, I'll call back tomorrow. Several states.
[01:36:45.480 --> 01:36:50.840]  Yeah, I've been through eight states since it's all started. Oh, wow. I've talked and I've
[01:36:50.840 --> 01:36:54.760]  experimented on a lot of levels and it's not fun, fun days. You know, today sucks, but most
[01:36:54.760 --> 01:37:00.680]  days it's interesting, you know. And the stairs and most of the police stay there. I'm actually
[01:37:00.680 --> 01:37:07.560]  proud of these guys now for the first time in my life. At least the ones that I've talked to.
[01:37:09.400 --> 01:37:11.880]  Wait a minute. I mean, is that they're not too proud of this?
[01:37:12.680 --> 01:37:15.640]  I'm proud of them. I'm proud of most of the guys that I've talked to.
[01:37:16.600 --> 01:37:21.400]  Okay. So you're telling me that this is something I wasn't sure about.
[01:37:21.400 --> 01:37:27.240]  You know, I live in a small town, a small community, a rural, relatively rural community.
[01:37:27.960 --> 01:37:35.880]  And most of the people I've run into, a lot of them are complying, but all of them are upset about
[01:37:35.880 --> 01:37:44.680]  it. All of them indicate that they believe this is a lot of BS. So I'm wondering, is this just
[01:37:44.680 --> 01:37:53.080]  because I'm in this small community or is this a more broad-based perception? It's pretty big.
[01:37:53.080 --> 01:37:58.120]  I'd say 75% of the people think it stinks and something's up. Even the most ignorant person
[01:37:58.760 --> 01:38:06.920]  has a bad taste in their mouth about it. My wife has never listened to one of my shows.
[01:38:06.920 --> 01:38:18.920]  She has never had anything to do with politics. She has came over these masks. She is absolutely
[01:38:19.800 --> 01:38:29.960]  furious. And I'm looking at that and saying, holy mackerel, if they manage to get her furious,
[01:38:29.960 --> 01:38:37.400]  I wonder what the rest of the public looks like. And from what you just said, I'm encouraged.
[01:38:37.960 --> 01:38:43.800]  You know, it is my contention that by the time we get to the election, so many people are going to
[01:38:43.800 --> 01:38:50.840]  be angry about what's going on that we will have the biggest landslide ever. One of the problems
[01:38:50.840 --> 01:39:00.280]  that the Democrats are having trying to push this agenda is familiarity breeds contempt.
[01:39:01.560 --> 01:39:05.720]  You know, I was in the military and I was a weapons specialist and I loaded bombs and rockets
[01:39:05.720 --> 01:39:11.320]  and missiles and all that kind of stuff. We had fuses for bombs. They're about six or eight inches
[01:39:11.320 --> 01:39:18.280]  long, weighed about eight pounds apiece. If you drop one of them, it could blow up. So the commander,
[01:39:18.280 --> 01:39:24.200]  the squadron commander pulled into our area where we're loading bombs and I've got jungle fatigue
[01:39:24.200 --> 01:39:32.360]  zones. So I got two in the pockets on my calf, two in the pockets on my thigh, two in the pockets on
[01:39:32.360 --> 01:39:38.360]  my blouse, which had big pockets, and one between each of my fingers. So I've got about 10 of these
[01:39:38.360 --> 01:39:45.880]  fuses all at once. And so I got both hands full of fuses and I'm walking over from the armaments
[01:39:45.880 --> 01:39:52.280]  shed to the bombs before we're loading them and the squadron commander pulled up and I'm trying to
[01:39:52.280 --> 01:39:58.360]  salute him with all these fuses in my hand and he stopped. He got out of the Jeep and walked up to
[01:39:58.360 --> 01:40:05.320]  me. I figure I'm in big trouble. He said, we're supposed to pick these up with two hands on the
[01:40:05.320 --> 01:40:12.280]  fuse at one time. We could never hold it with one hand and then we walk over to the bomb and put it
[01:40:12.280 --> 01:40:17.800]  in. We'd never get these things loaded if we did that. So I got a whole handful of them and the
[01:40:17.800 --> 01:40:23.880]  squadron commander came up. He got out of the Jeep and walked up to me and I'm trying to salute. So
[01:40:23.880 --> 01:40:29.160]  he goes ahead and salutes. So I popped to attention and he looks at all these fuses and he said,
[01:40:29.800 --> 01:40:36.280]  Airman Kelton, what would happen if you dropped one of those fuses? Oh, well sir, it would probably
[01:40:36.280 --> 01:40:44.920]  blow up sir. Then for crying out loud, don't drop them. Now get back to work. Familiarity breeds
[01:40:44.920 --> 01:40:54.120]  contempt. You and I have been through the last six months with this coronavirus, this deadly
[01:40:54.120 --> 01:41:01.720]  pandemic and we're not dead. Yeah. How many people do you know that died from this?
[01:41:01.720 --> 01:41:09.480]  I know nobody, but I met one woman who lost two and that story got even more interesting. I've
[01:41:09.480 --> 01:41:13.320]  gone as deep as I could into all this. Yeah, I know. But I've asked hundreds and hundreds and
[01:41:13.320 --> 01:41:23.400]  nobody knows anybody. Exactly. So we rather it is a genuine pandemic or not. We're living here.
[01:41:23.400 --> 01:41:31.480]  We're not dying from it. We develop contempt for it. And I personally think that contempt for it
[01:41:31.480 --> 01:41:38.840]  is appropriate. Absolutely. Did you hear the start of the show? I didn't. I missed the first 10,
[01:41:38.840 --> 01:41:45.400]  15 minutes. I apologize. I think you were. How many, do you don't have any people contracted
[01:41:45.400 --> 01:41:54.120]  tuberculosis last year? I know, 1. something million. I heard it. Yeah. No, 33 million.
[01:41:54.120 --> 01:42:05.880]  Oh, that was 1. something. Yeah. 1.5 million died. And we did not shut the world down. That
[01:42:05.880 --> 01:42:14.040]  happens every year. It's amazing. I know. That puts Corona in perspective. Corona is absurd.
[01:42:15.240 --> 01:42:21.320]  Yeah. I'm all over the details, Randy. I've got so much ammunition for that that I talk
[01:42:21.320 --> 01:42:25.720]  people's heads off everywhere I go. I probably talk to two to three long talks every single day
[01:42:25.720 --> 01:42:29.960]  just trying to spread information. And now there's documentaries that just put it all together.
[01:42:29.960 --> 01:42:34.760]  They're putting people in jail for some of this stuff. You heard about Millie Weaver. Oh my God.
[01:42:34.760 --> 01:42:40.440]  Yes. Yeah. They cut the power to her house. I mean, so this is this is big. And we could talk a
[01:42:40.440 --> 01:42:49.240]  lot. Wait, Millie Weaver, that's the Alex Jones reporter. Yeah. Yeah. But I saw the documentary
[01:42:49.240 --> 01:42:55.320]  and that's really good. It turned out she was arrested over a family altercation with her mother.
[01:42:56.440 --> 01:43:01.480]  I know that's the excuse. But did you hear that they cut the power to her house while they were
[01:43:01.480 --> 01:43:05.720]  arresting her? And then they turned back on after they got her husband and her back in the car?
[01:43:06.680 --> 01:43:13.800]  No, that was a little bit does sound a little extreme. They were uploading the video as trying
[01:43:13.800 --> 01:43:18.440]  to get it uploaded. They're in turn off. We kept getting interrupted. And then the power got cut as
[01:43:18.440 --> 01:43:24.040]  the as the shares were up showing up the rest. I mean, put the pieces together. They didn't want
[01:43:24.040 --> 01:43:37.160]  that video out. And then that I think that may be their biggest mistake. I'll touch that on that
[01:43:37.160 --> 01:43:42.200]  when I come back. And then we'll go to the other college, Randy Kelsen, Brett Fountain. Oh, I got
[01:43:42.200 --> 01:43:51.000]  18 seconds. My wife is most furious about all of these supposedly horrible videos being removed
[01:43:51.000 --> 01:43:57.400]  from Facebook. Yeah, so I'm too stupid to be able to watch this. She's curious about it. I'll be right
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[01:46:25.080 --> 01:46:31.320]  Okay, we are back. Randy Kalton, Brett Fountain, rule of law radio,
[01:46:31.960 --> 01:46:36.440]  and we're going to Robert in California. Robert, what have you been up to?
[01:46:39.320 --> 01:46:47.400]  Well, just trying to stay out of trouble. I told Brett on the break that we're going to like
[01:46:47.400 --> 01:46:55.400]  Robert because he's having way too much fun with these guys. Yeah, it's been interesting.
[01:46:55.960 --> 01:47:02.760]  They dropped one of the cases they dropped and the other one they reduced it to an infraction
[01:47:03.560 --> 01:47:12.600]  from misdemeanor to an infraction and the public defender couldn't wait
[01:47:12.600 --> 01:47:21.320]  for the judge to relieve him of duty. He wanted to get away from me as far as he can. Well,
[01:47:22.200 --> 01:47:30.040]  I sent a letter to his boss after I barred his boss for his behavior
[01:47:31.880 --> 01:47:37.160]  and I asked him for a certificate of liability insurance.
[01:47:37.160 --> 01:47:41.320]  Oh, I bet that made his day.
[01:47:42.120 --> 01:47:48.440]  Well, the public defender really started answering some of the questions
[01:47:48.440 --> 01:47:53.640]  that he has been blowing me off about even now that he's relieved of the case
[01:47:54.360 --> 01:48:01.880]  because he didn't do anything he said he was going to do. Anyway, that's been a lot of fun,
[01:48:01.880 --> 01:48:12.600]  but I was interested in what Brett had to say about when they enter the play for you.
[01:48:13.720 --> 01:48:16.760]  If he would run that by again, it kind of got by me.
[01:48:18.360 --> 01:48:25.320]  Oh, that was well in Texas. We've got the code of criminal procedure 27.14
[01:48:25.320 --> 01:48:33.240]  and it's subsection D that gives them their little loop holes. B is in Delta and that's where
[01:48:34.600 --> 01:48:42.120]  normally for any crime you've got some pretty high bar which is defined in Chapter 15, 1504,
[01:48:42.120 --> 01:48:50.120]  1505 and thereabouts specifying what a criminal complaint has to have to be sufficient.
[01:48:50.120 --> 01:48:58.760]  And, of course, they didn't have to turn around and file an information along with that criminal
[01:48:58.760 --> 01:49:06.200]  complaint. However, if you say the word is not guilty, then according to 27.14 D,
[01:49:07.880 --> 01:49:15.720]  they just got a free pass and they get to skip all of that and file a complaint that conforms to
[01:49:15.720 --> 01:49:23.720]  the requirements of Chapter 45 and that was originally written up for just municipal ordinance,
[01:49:23.720 --> 01:49:28.920]  parking tickets, stuff like that, but they're going to have this low bar. They get to just
[01:49:28.920 --> 01:49:36.120]  file one of those little complaints that doesn't have all these requirements. You've got to say
[01:49:36.120 --> 01:49:42.200]  what crime did the person commit and you have to what certainty is required and put the information
[01:49:42.200 --> 01:49:50.120]  with it and all this stuff that people, if you're going to hold somebody accountable to
[01:49:50.120 --> 01:50:01.640]  committing a crime, that's a high bar. Let me touch on this. Under Chapter 45,
[01:50:02.440 --> 01:50:11.720]  you can prosecute on the citation. If you can't use 45, then you go back to the Penal Code
[01:50:11.720 --> 01:50:18.280]  and the Penal Code requires that there be a complaint and the complaint is presented to
[01:50:18.280 --> 01:50:24.760]  the prosecuting attorney and the prosecuting attorney must reduce the complaint to an information.
[01:50:26.600 --> 01:50:33.880]  A complaint is intended to be filed by a procé by an ordinary individual and not learned counsel.
[01:50:33.880 --> 01:50:43.480]  So, the bar for a complaint is not so high. So, when it's a penal case, they must give it to
[01:50:43.480 --> 01:50:50.280]  the prosecutor and as learned counsel, he reduces it to an information. An information
[01:50:50.840 --> 01:50:58.040]  is a complaint in proper form so that they make sure the complaint is in the proper form as all
[01:50:58.040 --> 01:51:03.400]  the prerequisites before it goes to the court. Under Chapter 45, you don't have to bother with
[01:51:03.400 --> 01:51:10.520]  that. I'm sorry, I don't know what that's like in California. I don't know if you have something
[01:51:10.520 --> 01:51:17.000]  similar to that. I would imagine so. Well, what I found was when I go to Texas and look what they
[01:51:17.000 --> 01:51:23.880]  say in Texas, then it's easy to, or it makes it easier to find where it's at in California.
[01:51:23.880 --> 01:51:37.160]  And I guess my next question is jurisdiction. When the judge says, oh, we have jurisdiction,
[01:51:38.680 --> 01:51:45.160]  how do they, who validates that? Who determines that they have jurisdiction?
[01:51:46.120 --> 01:51:52.120]  And there's so many kinds of jurisdiction. He's not very specific. He said, oh, I've determined
[01:51:52.120 --> 01:52:01.880]  the court has jurisdiction. I objected, but... You object and ask for findings of fact and
[01:52:01.880 --> 01:52:11.560]  conclusions at law to show its support for your determination. Exactly. Findings and facts?
[01:52:11.560 --> 01:52:21.800]  Findings of fact and conclusions of law. Yeah. A judge, you know, we have in Texas,
[01:52:21.800 --> 01:52:29.400]  we have Walker V. Packer. We mentioned that earlier. A judge has no discretion in properly
[01:52:29.400 --> 01:52:38.600]  applying the law to the facts. It is the duty of the court to determine the facts in accordance
[01:52:38.600 --> 01:52:44.920]  with the rules of evidence, then apply the law as it comes to him to the facts in the case.
[01:52:45.960 --> 01:52:54.360]  Failing to do so, the abuse of discretion. So you want to know what facts the judge relied on
[01:52:55.160 --> 01:53:01.800]  and what law he applied to those facts to come to the conclusion that he had subject
[01:53:01.800 --> 01:53:11.000]  matter jurisdiction in this particular case. Whether he has general subject matter jurisdiction,
[01:53:11.000 --> 01:53:18.520]  a general jurisdiction over the subject matter is insufficient. He must have that first. Now,
[01:53:19.960 --> 01:53:27.400]  what are the facts presented to the court that invoked your subject matter jurisdiction?
[01:53:27.400 --> 01:53:37.240]  That invocation is key. I can say, judge, he did a bad thing arrest him. Well,
[01:53:38.440 --> 01:53:43.400]  that's not enough to invoke the subject matter jurisdiction of the court. I have to give the
[01:53:43.400 --> 01:53:58.600]  judge facts and law. He committed this act. This act is a violation of this statute. A citation seldom
[01:53:58.600 --> 01:54:12.680]  has sufficient facts. The big argument is about commerce. Since the transportation is a commercial
[01:54:12.680 --> 01:54:24.440]  endeavor, then the complaint must allege sufficient facts to bring the accused within the scope of
[01:54:24.440 --> 01:54:33.960]  the statutory scheme. So the complaint must state that I have reason to believe and do believe that
[01:54:33.960 --> 01:54:40.120]  this person was operating on the public thoroughfares in a commercial capacity.
[01:54:40.120 --> 01:54:49.880]  And in that capacity violated a specific statutory restriction. If they don't establish
[01:54:50.920 --> 01:54:57.800]  the requisite to bring you within the statutory scheme, then they have not invoked the subject
[01:54:57.800 --> 01:55:03.160]  matter jurisdiction of the court. The court may have jurisdiction over these issues,
[01:55:03.160 --> 01:55:10.120]  but it has to be invoked by the sufficiency of a pleading. Does that make sense?
[01:55:11.640 --> 01:55:28.120]  Well, I have, yes. Each crime has a set of elements. Every single element must be alleged
[01:55:28.120 --> 01:55:34.600]  in order for the complaint to be sufficient to invoke the subject matter jurisdiction of the court.
[01:55:39.880 --> 01:55:43.880]  So if the judge just says, well, of course I have jurisdiction. I have jurisdiction over all
[01:55:43.880 --> 01:55:48.760]  these kinds of crimes, then you say, oh, no, no, no, your honor. You may have that jurisdiction,
[01:55:48.760 --> 01:55:54.760]  but it has not been invoked in this particular case because the complaint is insufficient.
[01:55:54.760 --> 01:56:05.960]  And that's why it's important to get to the penal statutes instead of the transportation
[01:56:05.960 --> 01:56:12.920]  statutes. And that's what Brett was talking about. If you plead not guilty, then you plead under
[01:56:12.920 --> 01:56:25.560]  section 45 that allows you to prosecute you based on the citation alone, and the citation is never
[01:56:25.560 --> 01:56:33.960]  sufficient. Or any written notice. That's what it says. Is any written notice, which they'll use
[01:56:33.960 --> 01:56:38.840]  the citation for that, but yes, they could scribble it on an appkin and call that good.
[01:56:38.840 --> 01:56:47.800]  You just have to put them on the card. Right. Yeah. And so on the penal side,
[01:56:47.800 --> 01:56:55.400]  that's why they have the information because the citizen doesn't know what all components
[01:56:55.400 --> 01:57:01.320]  need to be there to invoke the jurisdiction, but the prosecutor does. So he looks at the complaint,
[01:57:01.320 --> 01:57:07.480]  and if it's not enough, then he goes to the guide and elicits the information he needs,
[01:57:07.480 --> 01:57:09.720]  and then he builds a complaint that's sufficient.
[01:57:13.720 --> 01:57:15.800]  Am I making sense? Yeah.
[01:57:17.640 --> 01:57:25.960]  Okay, Shane. Shane, I see you there. Can you call in tomorrow night? We only have a minute or so
[01:57:25.960 --> 01:57:30.840]  left, so I won't be able to get you tonight, but call in tomorrow and I'll bring you up early.
[01:57:30.840 --> 01:57:38.920]  I'm sorry. You tend to be a little late calling in. We always wind up not getting to you. Okay.
[01:57:39.640 --> 01:57:48.760]  Go ahead, Robert. I had a deal where I made the left hand turn, and I entered the bike lane
[01:57:48.760 --> 01:57:57.320]  when I made the left hand turn, and he pulled me over, and he used that for a reason to search me
[01:57:57.320 --> 01:58:05.000]  and all that stuff, and then when I went back and looked at the law, I wasn't breaking it at all.
[01:58:06.600 --> 01:58:09.960]  That should get criminal charges against the officer.
[01:58:11.000 --> 01:58:18.760]  Well, I've done that, yes. I should have known. Okay, hold on. If you got more, Robert,
[01:58:18.760 --> 01:58:25.080]  call back tomorrow night. You're always a lot of fun. We are out of time. This is Randy Kelton,
[01:58:25.080 --> 01:58:31.480]  Brett Fountain with our radio. We will be back tomorrow night at 8 o'clock central for our
[01:58:32.840 --> 01:58:39.560]  info marathon. Thank you all for listening, and good night.
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