ROL_2020-12-04_16k_Hr3-4.timecode

[00:00.000 --> 00:06.760]  The following news flash is brought to you by The Lowest Star of Lowdown.
[00:06.760 --> 00:13.040]  Markets for Monday the 22nd of July 2019, open with precious metals, gold $1,429 an ounce,
[00:13.040 --> 00:21.360]  silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.63 a barrel, Brent crude
[00:21.360 --> 00:29.960]  $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum $2,290
[00:29.960 --> 00:41.400]  $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:41.400 --> 00:52.320]  Today in History, the year 1916, the preparedness day bombing, a time suitcase bomb, was detonated
[00:52.320 --> 00:57.800]  on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[00:57.800 --> 01:04.800]  10 and injuring 40.
[01:04.800 --> 01:09.480]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing hemp into
[01:09.480 --> 01:14.080]  Texas law back in June, county prosecutors around the state, including Houston, Austin
[01:14.080 --> 01:18.080]  and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:18.080 --> 01:22.280]  new ones, since they are stipulating that they do not have the time or the laboratory
[01:22.280 --> 01:24.760]  equipment to test the year for THC.
[01:24.760 --> 01:28.400]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.400 --> 01:33.120]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.120 --> 01:34.120]  law.
[01:34.120 --> 01:37.560]  Mr. Abbott and other state officials, including the Attorney General stipulated in a letter
[01:37.560 --> 01:42.040]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.040 --> 01:48.200]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.200 --> 01:51.160]  well as other cities too, like the District Attorney.
[01:51.160 --> 01:56.800]  In El Paso, Jaime Esparza, a Democrat who also stated earlier this month that the law
[01:56.800 --> 02:01.800]  quote will not have an effect on the prosecution of marijuana cases in El Paso.
[02:01.800 --> 02:06.720]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.720 --> 02:10.720]  in Harris County, who stated that quote, the law is constantly changing on what makes
[02:10.720 --> 02:13.440]  something illegal based on its chemical makeup.
[02:13.440 --> 02:17.320]  It's important that if someone is charged with something, the test matches with their
[02:17.320 --> 02:22.600]  charge with it.
[02:22.600 --> 02:27.200]  A paper by Tulane University identified a five and a half inch American pocket shark
[02:27.200 --> 02:32.320]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.320 --> 02:37.960]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:37.960 --> 02:39.460]  Pacific Ocean.
[02:39.460 --> 02:43.760]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.760 --> 02:50.040]  its front fins for the purpose it is hypothesized to lure and prey who may be drawn into the
[02:50.040 --> 03:16.880]  clove.
[03:16.880 --> 03:26.680]  I received my remedy today, came in a box just like the state, I accepted it for value
[03:26.680 --> 03:36.080]  right away, it's now three years, not later, we are originators and the pathway seems to
[03:36.080 --> 03:45.880]  get straighter every day, and I can take anything that belongs to me and put it to good use.
[03:45.880 --> 03:57.920]  Okay, we are back, Randy Kelsen, Brett Fountain, we live on radio, and I'm going back to Scott
[03:57.920 --> 04:06.960]  and Scott, I'm definitely going to want a copy of the request you sent to them.
[04:06.960 --> 04:15.160]  That was perfect, I know the process of district attorney really well, and he knows enough
[04:15.160 --> 04:22.880]  to know that what I'm doing is probing and that you're in there probing for me and getting
[04:22.880 --> 04:28.320]  this and he will be pretty straight forward when I ask him on the stand, do you give these
[04:28.320 --> 04:35.440]  officers any training, he's going to say no, I don't consider that my job, but he's
[04:35.440 --> 04:41.240]  complained to me about the quality of what he gets from the officers, I came in one day
[04:41.240 --> 04:45.760]  and he's sitting there with his head in his hand, I said what's the matter, Greg, look
[04:45.760 --> 04:51.920]  at this, he shows me a video and this DPS guy says okay, what I want you to do is I want
[04:51.920 --> 04:57.320]  you to walk this line, put one foot in front of the other like this, and while you're putting
[04:57.320 --> 05:02.280]  one foot in front of the other, hold your arms out to your side and reach forward with
[05:02.280 --> 05:07.040]  your right hand and touch your nose and the cop tripped and fell out of the frame.
[05:07.040 --> 05:17.200]  What do I do with this, the cop failed the sobriety test on his own video, oh that was
[05:17.200 --> 05:28.840]  funny, and I'm laughing hysterical, he finally got kind of chuckled out of it as well, this
[05:28.840 --> 05:36.440]  is what I have to deal with, so he may not, he won't have a problem with what I'm doing
[05:36.440 --> 05:47.880]  at all, because I'm not coming after him, so okay, Scott.
[05:47.880 --> 05:48.880]  Can you hear me?
[05:48.880 --> 05:49.880]  Yeah.
[05:49.880 --> 05:56.560]  Okay, well I guess I'll have to toot my own horn, but I've been railing on this for three
[05:56.560 --> 06:05.680]  years and hammering on this whole Brady thing, and now hearing how the chain of custody makes
[06:05.680 --> 06:14.680]  or breaks their whole case, it all fits perfectly now, so I didn't know I was that smart, since
[06:14.680 --> 06:16.680]  you won't tell me.
[06:16.680 --> 06:19.760]  I wasn't going to tell you you were that smart.
[06:19.760 --> 06:26.800]  Oh I know, I had to toot my own horn, but no, I was, that was the whole thing where
[06:26.800 --> 06:32.280]  I started in on this thing, and it was like Brady and their training, or specifically
[06:32.280 --> 06:39.560]  the lack of training, and now we got the chain of custody, it all rolls together so perfectly,
[06:39.560 --> 06:40.560]  so.
[06:40.560 --> 06:51.160]  What I can't find is anything that actually makes it the responsibility of the prosecutor
[06:51.160 --> 07:05.000]  to train the police, not directly, but indirectly we have case law that indicates that the police
[07:05.000 --> 07:14.240]  are part of the prosecutor team, so by that we can imply that it's the duty of the prosecutor
[07:14.240 --> 07:22.760]  to keep his house in order, and the police are part of his house, that makes sense.
[07:22.760 --> 07:31.640]  Yes, of course it makes sense, somebody has to be responsible for the training, because
[07:31.640 --> 07:35.560]  they want to sit there and say the cop doesn't have to know the law, well how can he enforce
[07:35.560 --> 07:40.680]  something that he has no clue what he's out there enforcing, where does he get this training
[07:40.680 --> 07:49.400]  from that gives him this ability to do this stuff, and that's what I was posing.
[07:49.400 --> 08:04.640]  I got some good news for you, guess what agencies up for sunset this year, TECO, so now is the
[08:04.640 --> 08:12.800]  time to make changes, I intend to sue TECO.
[08:12.800 --> 08:21.800]  As a part of this ongoing conspiracy, Brett gave me a major tool, you and Brett both,
[08:21.800 --> 08:28.120]  the prosecutor didn't train these guys, the sheriff didn't train these guys, so where
[08:28.120 --> 08:38.760]  did these guys come up with the notion that they could ignore 14.03, 14.06 code of criminal
[08:38.760 --> 08:42.720]  procedure, where did they get that notion, they just-
[08:42.720 --> 08:46.160]  Does anybody even tell them that they're supposed to read it?
[08:46.160 --> 08:49.440]  Well, somebody's supposed to, the only one that-
[08:49.440 --> 08:54.520]  They just come in there and somebody said go arrest people, go find, get traffic tickets.
[08:54.520 --> 08:59.760]  That would have been training, and they admitted they didn't do any training, so the only one
[08:59.760 --> 09:01.000]  that does training-
[09:01.000 --> 09:03.520]  Training was specific to arrests.
[09:03.520 --> 09:13.560]  Yeah, the only ones who specifically are designated to do training is TECO.
[09:13.560 --> 09:20.200]  In every other state it will be the licensing agency, most of them call it post, police
[09:20.200 --> 09:24.920]  officer, certification, something, training.
[09:24.920 --> 09:27.840]  Peace officer standards and training, yeah.
[09:27.840 --> 09:34.280]  Okay, but in Texas they call it TECO, it's Texas Commission on Law Enforcement.
[09:34.280 --> 09:41.040]  They're the ones responsible for certifying peace officers, and they're the ones who contract
[09:41.040 --> 09:48.640]  with training agencies to do training, so that makes them responsible.
[09:48.640 --> 09:56.960]  Now since they're up for sunset, and for those of you not in Texas, in Texas every 13 years
[09:56.960 --> 10:05.240]  every government agency has to justify to the legislature their existence, or they go
[10:05.240 --> 10:06.480]  out of existence.
[10:06.480 --> 10:13.440]  One of the complaints I brought against the governor is in the last judicial session the
[10:13.440 --> 10:25.360]  agency that licenses plumbers was up for sunset, and what sunset does is sunsets automatically
[10:25.360 --> 10:33.000]  unless the legislature renews their legislation that brings them into existence.
[10:33.000 --> 10:42.560]  Well, the legislature didn't do that by oversight or whatever, and two weeks after the legislature
[10:42.560 --> 10:55.040]  closed, the governor abolished the law, and reinstated this agency under his emergency
[10:55.040 --> 11:02.080]  powers act because we had a hurricane come through and we needed these inspectors to
[11:02.080 --> 11:04.040]  make sure the plumbing got fixed right.
[11:04.040 --> 11:09.840]  Well, he could have called the legislature back into session, but he didn't do that,
[11:09.840 --> 11:18.800]  so the plumbing inspectors do not exist right now legally.
[11:18.800 --> 11:19.800]  They sunsetted.
[11:19.800 --> 11:20.800]  Wow.
[11:20.800 --> 11:30.280]  So how do they miss that, I don't know, but so now TECO is coming up, they have to justify
[11:30.280 --> 11:37.720]  their existence, and we want to see if we can unjustify their existence.
[11:37.720 --> 11:47.200]  See if we can put on a good argument to let TECO sunset, and we won't get that, but what
[11:47.200 --> 11:54.160]  we're likely to be able to do is get some training changes.
[11:54.160 --> 12:05.560]  1406 guys, train your officers to read it and make sure they understand what it means.
[12:05.560 --> 12:11.880]  We arrest someone, you take them to a magistrate, not to jail, otherwise we will keep hammering
[12:11.880 --> 12:17.320]  these officers every time they take someone to jail, we'll file a criminal against them,
[12:17.320 --> 12:19.480]  and a TECO will complain against them.
[12:19.480 --> 12:22.600]  Last month, Lord, I'm sticking to it.
[12:22.600 --> 12:25.560]  Okay, do you have anything else for Scott?
[12:25.560 --> 12:32.200]  No, I'll let you get to Mary, I'm sure she's jumping at the bit to tell her, tell whatever
[12:32.200 --> 12:33.400]  she wants to tell you.
[12:33.400 --> 12:39.560]  So I got all my piece out, so I'm good, and y'all have a good evening.
[12:39.560 --> 12:41.280]  Okay, thank you, Scott.
[12:41.280 --> 12:43.080]  Thanks for calling.
[12:43.080 --> 12:47.480]  Now we're going to Mary in Texas, hello, Miss Mary.
[12:47.480 --> 12:56.920]  Greetings from Austin, Texas, the home of Cabo, Steve, Mayor.
[12:56.920 --> 13:04.000]  Our mayor was telling people to stay home from Cabo a couple of months ago at a family
[13:04.000 --> 13:10.080]  party and gathering that extended from Austin at least 20 members of family to...
[13:10.080 --> 13:19.080]  Okay, women, he's the one who ordered everybody, told everybody, don't go have these big Thanksgiving
[13:19.080 --> 13:23.400]  gatherings because it's dangerous, and then he had one.
[13:23.400 --> 13:29.240]  Well, and his apology wasn't quite that he was sorry, it was that he did it during a
[13:29.240 --> 13:35.560]  safe time, but he just worries that people might follow his example because he's such
[13:35.560 --> 13:36.560]  a great leader.
[13:36.560 --> 13:38.560]  We're going to follow this man's example.
[13:38.560 --> 13:39.560]  Wow.
[13:39.560 --> 13:46.480]  I'm not going to go into it, but he parked in the wrong zone at the airport in his little
[13:46.480 --> 13:51.400]  black limo, and I was going to go screaming at him in my shuttle bus a year or two ago,
[13:51.400 --> 13:55.440]  and I saw a little fat mayor bouncing out of the airport smiling, and I ran out there
[13:55.440 --> 14:00.440]  and said, hi, Mr. Mayor, thank you so much for setting up the czar of homelessness.
[14:00.440 --> 14:01.440]  That's really good.
[14:01.440 --> 14:07.480]  You're trying to help the homeless, and I ran against him for office because I was going
[14:07.480 --> 14:11.280]  to try to do an election suit against him, and Laura Pressley ended up doing it, and
[14:11.280 --> 14:19.800]  I ended up losing money on the oil market, but it's just interesting, and he was on
[14:19.800 --> 14:27.200]  BBC News, so he's famous now.
[14:27.200 --> 14:30.920]  What was he on BBC News for?
[14:30.920 --> 14:35.800]  Being caught telling everyone from his hotel in Cabo to stay at home and keep safe distance
[14:35.800 --> 14:36.800]  and blah, blah.
[14:36.800 --> 14:40.920]  It was an international story this last week.
[14:40.920 --> 14:42.920]  British broadcasting.
[14:42.920 --> 14:44.920]  Wonderful.
[14:44.920 --> 14:51.080]  Now, the bad men do live after them.
[14:51.080 --> 14:53.520]  The good is often turd with their bones.
[14:53.520 --> 14:55.920]  That's what they'll remember about the mayor.
[14:55.920 --> 14:56.920]  Exactly.
[14:56.920 --> 14:57.920]  Whatever that meant.
[14:57.920 --> 15:06.520]  The rest of his career, the only thing people will remember is his Thanksgiving gathering
[15:06.520 --> 15:08.920]  after he told everybody else not to.
[15:08.920 --> 15:13.960]  Yeah, and his fancy non-apology apology, that's what I'm going to remember.
[15:13.960 --> 15:19.240]  When I want an apology, I want it to be a real apology, not, I'm sorry you felt that
[15:19.240 --> 15:23.800]  way, apology.
[15:23.800 --> 15:25.400]  I'm not much for apologies.
[15:25.400 --> 15:33.000]  I haven't heard one from a politician that even came close to being, having an element
[15:33.000 --> 15:34.000]  of sincerity.
[15:34.000 --> 15:40.120]  Well, you're not much of an apologies because you didn't ever really make any mistakes or
[15:40.120 --> 15:41.120]  anything, right?
[15:41.120 --> 15:42.120]  Exactly.
[15:42.120 --> 15:52.880]  So, you know what, the discussion on the radio today on Kelby J.A.M., LBJ's affinity, was
[15:52.880 --> 15:59.320]  that, you know, some of these people, because Abbot's having to bring in, and I love him,
[15:59.320 --> 16:05.360]  and I love that he's doing this, he's having to support our officer system because of the
[16:05.360 --> 16:06.360]  funding.
[16:06.360 --> 16:13.120]  The council took away $100 million that last year they voted to up to $430 million, so
[16:13.120 --> 16:14.120]  they took that away.
[16:14.120 --> 16:20.360]  And so the governor, because our crime rate now for our city has gone, hit the chart since
[16:20.360 --> 16:25.360]  the defunding, which just happened like three months ago, so that Abbot's just like, you
[16:25.360 --> 16:26.360]  know what?
[16:26.360 --> 16:29.720]  Wait, wait, wait, that doesn't make sense.
[16:29.720 --> 16:34.280]  The crime rate has went up, but there's no police out there arresting, establishing
[16:34.280 --> 16:37.280]  the crime rate.
[16:37.280 --> 16:42.000]  There's people reporting it, murders, the murder rate has like been going up, you know?
[16:42.000 --> 16:45.120]  Well, that's likely to happen because of COVID anyway.
[16:45.120 --> 16:46.120]  Oh, yeah.
[16:46.120 --> 16:49.120]  Oh, no, don't defend the Abbot.
[16:49.120 --> 16:50.120]  Okay, hang on.
[16:50.120 --> 17:00.200]  About to go to our sponsors, Randy Kelton, Brett Felton, we'll be right back.
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[18:12.200 --> 18:15.520]  Among those rights are the right to travel freely from place to place, the right to act
[18:15.520 --> 18:19.560]  in our own private capacity, and most importantly, the right to due process of law.
[18:19.560 --> 18:23.400]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
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[19:24.320 --> 19:52.320]  Okay, we are back.
[19:52.320 --> 19:58.400]  Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Mary in Texas,
[19:58.400 --> 20:02.960]  and there are some statistical problems.
[20:02.960 --> 20:11.080]  The FBI statistics show that crime generally across the board has been decreasing for the
[20:11.080 --> 20:13.440]  last 30 years.
[20:13.440 --> 20:22.200]  That's even with this drug war, but the number of police on the streets have increased dramatically,
[20:22.200 --> 20:25.600]  and I know people are going to say, well, there's less crime because there's more police.
[20:25.600 --> 20:27.640]  Well, more police means more arrests.
[20:27.640 --> 20:32.520]  That should increase the crime statistics.
[20:32.520 --> 20:36.560]  So what's going on, Mary?
[20:36.560 --> 20:40.640]  We've got more police, less crime.
[20:40.640 --> 20:42.440]  Why do we need all these police?
[20:42.440 --> 20:45.560]  Oh, gosh, we're not going to go there tonight.
[20:45.560 --> 20:51.440]  I really want to talk to you about Facebook censorship, but all this stuff with the mayor
[20:51.440 --> 20:53.480]  has been hitting the media today.
[20:53.480 --> 21:00.240]  Tell me this, how personally liable is the mayor for the municipal functionings?
[21:00.240 --> 21:08.440]  Okay, he made a suggestion that people not do this.
[21:08.440 --> 21:11.240]  He did not issue an order or a directive.
[21:11.240 --> 21:12.240]  Am I correct in that?
[21:12.240 --> 21:13.240]  I'm not sure.
[21:13.240 --> 21:18.600]  How much authority does he have because these guys on Talk Radio are acting like he has
[21:18.600 --> 21:22.920]  authority, and I'm like, the governor has authority, but maybe he's not.
[21:22.920 --> 21:25.520]  No, no, the governor don't have authority.
[21:25.520 --> 21:29.120]  Well, the governor has authority over some things.
[21:29.120 --> 21:31.760]  He has authority over governmental agencies.
[21:31.760 --> 21:32.760]  Right.
[21:32.760 --> 21:37.240]  Governmental agencies are not hosting Thanksgiving celebrations.
[21:37.240 --> 21:45.800]  Yeah, the mayor might have more authority over the people than the governor, but as far
[21:45.800 --> 21:52.720]  as I know, the governor, the mayor, only, he's like the governor on a smaller scale.
[21:52.720 --> 22:02.160]  He has authority over the city and city employees, but he doesn't have any authority over the
[22:02.160 --> 22:03.160]  public.
[22:03.160 --> 22:04.160]  All right.
[22:04.160 --> 22:05.160]  All right.
[22:05.160 --> 22:07.720]  I can't tell people to come and go or not come and go.
[22:07.720 --> 22:10.480]  He can't tell people what to do in their homes or not do.
[22:10.480 --> 22:11.480]  Yes.
[22:11.480 --> 22:12.480]  Out of his purpose.
[22:12.480 --> 22:16.400]  He doesn't have any legislative authority, period.
[22:16.400 --> 22:17.400]  Exactly.
[22:17.400 --> 22:20.360]  That is exactly the issue.
[22:20.360 --> 22:32.880]  Texas Constitution Article 1, Section 28, no law shall be abolished except by the legislature.
[22:32.880 --> 22:40.840]  And in Section 10, I believe it is, is the one, no, that's the one that established
[22:40.840 --> 22:47.680]  the government, Section 4, establishes the legislature and grants them the exclusive
[22:47.680 --> 22:50.200]  power to make law.
[22:50.200 --> 23:01.600]  Now a city can pass ordinances, you'll notice they're not called laws, they're called ordinances,
[23:01.600 --> 23:08.320]  and there's a reason for that, because only the legislature can pass law.
[23:08.320 --> 23:11.320]  A city can pass ordinances.
[23:11.320 --> 23:15.240]  So the governor has final say in any law?
[23:15.240 --> 23:16.240]  No he doesn't.
[23:16.240 --> 23:18.240]  He don't have a thing to say about law.
[23:18.240 --> 23:19.240]  Nothing.
[23:19.240 --> 23:20.240]  Not a.
[23:20.240 --> 23:21.240]  Only the legislature.
[23:21.240 --> 23:22.240]  Okay.
[23:22.240 --> 23:23.240]  Well, that's another class.
[23:23.240 --> 23:24.240]  Okay.
[23:24.240 --> 23:34.720]  So at least we're on the same page about legislative power to some degree versus the mayor.
[23:34.720 --> 23:42.520]  This was, in looking at the history, it appears that our founders, their biggest fear was
[23:42.520 --> 23:49.160]  a president, they had to have a president, but they were more afraid of the president
[23:49.160 --> 23:51.960]  than anybody else.
[23:51.960 --> 23:59.200]  The Article 10, I'm saying Article 1, Texas Constitution, that's the Bill of Rights,
[23:59.200 --> 24:09.120]  Section 29, Section 28, restricts the abolishment of law to the legislature.
[24:09.120 --> 24:13.960]  Article 4 grants exclusive power to create law to the legislature.
[24:13.960 --> 24:25.440]  Article 29 says in order to avoid the excesses of the high powers in government, that can
[24:25.440 --> 24:30.120]  only be pointing to the governor.
[24:30.120 --> 24:37.760]  That all rights included in, I forget exactly how I was saying, but it says all of the rights
[24:37.760 --> 24:45.760]  including in this section shall be held in violent and perpetuity.
[24:45.760 --> 24:51.040]  Nobody can change this section of Bill of Rights.
[24:51.040 --> 24:57.440]  It was, that sounds like it was written specifically to stop the governor, a governor from doing
[24:57.440 --> 25:02.040]  these kind of things, and that's exactly what our governor did.
[25:02.040 --> 25:04.440]  And the president.
[25:04.440 --> 25:07.520]  Well, the president didn't do that.
[25:07.520 --> 25:13.640]  The president didn't issue any orders to the public.
[25:13.640 --> 25:22.920]  They did issue orders to businesses who were operating in contractual privity with the government.
[25:22.920 --> 25:26.280]  See, that's what the mayor can do.
[25:26.280 --> 25:34.480]  He can write ordinances, the city council can create ordinances, but Eddie Craig and
[25:34.480 --> 25:43.000]  put together a constitutional challenge saying that the ordinances cannot apply to ordinary
[25:43.000 --> 25:44.000]  people.
[25:44.000 --> 25:49.280]  They only apply to people who work for the city or who are in contractual privy with
[25:49.280 --> 25:51.520]  the city.
[25:51.520 --> 25:57.200]  Because if they applied to the public in general, that would become a law and only the legislature
[25:57.200 --> 26:06.960]  can pass law and the legislature is not authorized to delegate their authority to pass law.
[26:06.960 --> 26:14.320]  They can't delegate that to mayors, if the legislature wanted a set of ordinances that
[26:14.320 --> 26:21.760]  applied to the public, then the legislature could put together a set of city ordinances
[26:21.760 --> 26:28.880]  like they did a penal code and pass those ordinances into law.
[26:28.880 --> 26:39.040]  They could have done that, but they didn't, they cannot authorize a city and delegate
[26:39.040 --> 26:42.480]  that power to a city to create law.
[26:42.480 --> 26:48.800]  That's our argument, that's not the way it's treated, but at any rate, the governor or
[26:48.800 --> 26:55.120]  the mayor can't pass the law that restricts you in a constitutional right period.
[26:55.120 --> 27:05.640]  Correct, so the largest power a mayor may have in Texas, the state of Texas in any city,
[27:05.640 --> 27:10.360]  because he's also a council member, is the ability to pass ordinances.
[27:10.360 --> 27:19.040]  Right, and it's our argument that the ordinances only apply to city employees who are under
[27:19.040 --> 27:27.040]  contract with the city for employment and companies that have contracted with the city.
[27:27.040 --> 27:32.200]  That's how the governor ordered these businesses to shut down because they're operating under
[27:32.200 --> 27:41.920]  licenses through the executive department of state government and that gives the governor
[27:41.920 --> 27:48.200]  power over these business entities, but they only get power over those business entities
[27:48.200 --> 27:51.040]  because they entered into a contract with them.
[27:51.040 --> 27:55.840]  Mary, you didn't enter into a contract with the state.
[27:55.840 --> 28:01.720]  I unknowingly did, paying some taxes or the house title.
[28:01.720 --> 28:11.240]  There are some adhesion contracts and the primary adhesion contract is if you place yourself
[28:11.240 --> 28:20.360]  within the jurisdictional limits of a given state, then you bind yourself to the penal
[28:20.360 --> 28:23.320]  laws of the state.
[28:23.320 --> 28:26.080]  That's about the only real adhesion contract.
[28:26.080 --> 28:31.520]  The rest of it, you have to bind yourself by contract.
[28:31.520 --> 28:37.920]  If you sign up for a license to open a beauty shop, now you're on.
[28:37.920 --> 28:38.920]  Go ahead.
[28:38.920 --> 28:48.760]  Okay, so it is the license that gave the governor power to issue orders to businesses, but what
[28:48.760 --> 28:55.840]  I claimed is that the governor cannot interfere with a constitutional right.
[28:55.840 --> 29:06.800]  Neither can he use his influence and control over businesses in contracting with him to
[29:06.800 --> 29:11.440]  violate that constitutional right in his place.
[29:11.440 --> 29:17.320]  I call that a criminal conspiracy to commit.
[29:17.320 --> 29:23.320]  That's something to be adjudicated, but the only one he has power over is someone who
[29:23.320 --> 29:25.320]  enters into contract with him.
[29:25.320 --> 29:30.920]  Okay, two quick questions regarding municipal authorities.
[29:30.920 --> 29:36.480]  One loosely having to do with the state, the citizenship, and the police authority, and
[29:36.480 --> 29:41.920]  I guess when we get back, we can cover that citizenship of state or nation and police
[29:41.920 --> 29:47.840]  authority as a citizen's power to arrest versus sheriff's power to arrest.
[29:47.840 --> 29:53.800]  Okay, hang on, go into our sponsors, Randy Kelton, Brett Fountain, the wheel of our radio,
[29:53.800 --> 30:01.240]  our call in number 512-646-1984, we'll be right back.
[30:01.240 --> 30:05.680]  Everyone knows that walking is great exercise, but you might not know that the way you walk
[30:05.680 --> 30:07.880]  could predict how long you're going to live.
[30:07.880 --> 30:13.040]  I'm Dr. Katherine Albrecht and I'll be back to tell you more about walking prognostication
[30:13.040 --> 30:14.720]  in just a moment.
[30:14.720 --> 30:16.320]  Privacy is under attack.
[30:16.320 --> 30:19.920]  When you give up data about yourself, you'll never get it back again.
[30:19.920 --> 30:24.680]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:24.680 --> 30:29.760]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:29.760 --> 30:32.440]  Privacy, it's worth hanging on to.
[30:32.440 --> 30:36.760]  This public service announcement is brought to you by StartPage.com, the private search
[30:36.760 --> 30:40.280]  engine alternative to Google, Yahoo, and Bing.
[30:40.280 --> 30:43.560]  Start over with StartPage.
[30:43.560 --> 30:48.000]  New research shows how fast you walk could predict how long you're going to live.
[30:48.000 --> 30:52.560]  The Journal of the American Medical Association reports that older adults who walk one meter
[30:52.560 --> 30:55.800]  per second or faster live longer than expected.
[30:55.800 --> 31:00.200]  In case you're wondering, one meter per second is about two and a quarter miles per hour.
[31:00.200 --> 31:04.920]  A senior's age, gender, and walking speed were as good at predicting life expectancy
[31:04.920 --> 31:07.240]  as more traditional statistical measures.
[31:07.240 --> 31:10.240]  Generally speaking, faster walkers live longer.
[31:10.240 --> 31:13.040]  Measuring walking speed is quick and inexpensive.
[31:13.040 --> 31:16.880]  It only takes a stopwatch, some space to walk, and a few minutes.
[31:16.880 --> 31:21.040]  Researchers say it could help doctors identify older patients who need special care.
[31:21.040 --> 31:22.960]  I'm Dr. Katherine Albrecht.
[31:22.960 --> 31:29.960]  More news and information at KatherineAlbrecht.com.
[31:52.960 --> 32:05.760]  Welcome to our lineup for the new year.
[32:05.760 --> 32:12.040]  Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. Central Time.
[32:12.040 --> 32:15.120]  Our goal is in accord with Matthew 516.
[32:15.120 --> 32:20.160]  Let your light so shine before men that they may see your good works and glorify your Father
[32:20.160 --> 32:21.720]  which is in heaven.
[32:21.720 --> 32:26.840]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:26.840 --> 32:32.080]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed
[32:32.080 --> 32:35.200]  to provoke unto love and good works.
[32:35.200 --> 32:39.600]  Our verse by verse Bible studies will begin in the book of Matthew where we will discuss
[32:39.600 --> 32:41.360]  one chapter per week.
[32:41.360 --> 32:46.440]  Our topical Bible studies will vary each week and will explore sound doctrine as well as
[32:46.440 --> 32:48.640]  Christian character development.
[32:48.640 --> 32:56.280]  Go market calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. starting January
[32:56.280 --> 33:02.280]  8th for an inspiring and motivating discussion of the Scriptures.
[33:02.280 --> 33:24.840]  Live Free Speech Radio LogosRadioNetwork.com
[33:24.840 --> 33:50.840]  Okay, we are back, pulling the bull over your eyes with Miss Mary Krennic.
[33:50.840 --> 33:53.080]  Oops, I wasn't supposed to do that.
[33:53.080 --> 33:54.080]  Miss Mary.
[33:54.080 --> 33:55.080]  Okay, okay.
[33:55.080 --> 34:05.640]  We really don't see a lot of last names, but Mary is very well known in Austin.
[34:05.640 --> 34:09.280]  You run for mayor once and how well did you do?
[34:09.280 --> 34:15.600]  I was third or fourth out of some really heavyweight contenders and I might have forced a runoff
[34:15.600 --> 34:22.640]  maybe between Mike, Martina and Adler and I just did it to become a damaged party and
[34:22.640 --> 34:24.280]  election fraud.
[34:24.280 --> 34:29.480]  Laura Presley ran for city council, but unfortunately she hired an attorney which screwed her case
[34:29.480 --> 34:32.600]  up and they argued the wrong merit for election fraud.
[34:32.600 --> 34:36.520]  But she's a great lady and she's done a lot of work with smart meters and all kinds of
[34:36.520 --> 34:37.520]  stuff.
[34:37.520 --> 34:41.560]  Just these lawyers are so crooked, we just can't hire one of them.
[34:41.560 --> 34:45.240]  We use some of our tools to get lawyers under control.
[34:45.240 --> 34:52.840]  Once you start bar-grieving the lawyer and prepare a civil suit against the lawyer, a
[34:52.840 --> 34:57.200]  malpractice suit and wave it in front of the lawyer, either do your job or I'll sue you
[34:57.200 --> 35:04.880]  and then oblivion, then he has plausible deniability, but we'll talk about that another time.
[35:04.880 --> 35:08.040]  Let me find the question.
[35:08.040 --> 35:13.080]  Let me find just, there's two more questions regarding municipal authority and this one
[35:13.080 --> 35:16.760]  is a point of citizenship in a legal context.
[35:16.760 --> 35:23.560]  Randy, am I a citizen of Austin or of Travis County or the state of Texas or the United
[35:23.560 --> 35:28.320]  States of America or the continent or the world?
[35:28.320 --> 35:37.840]  I have heard these citizen arguments for a long time and haven't put much credence in
[35:37.840 --> 35:41.600]  them and it may be that I don't understand them.
[35:41.600 --> 35:52.680]  You are only a citizen in the legal context of the United States and of the state that
[35:52.680 --> 36:01.280]  you're in because the state that you're in, when we say state in United States, we think
[36:01.280 --> 36:07.440]  of a political subdivision similar to a county in the state.
[36:07.440 --> 36:14.280]  We got counties, we got states, we got the federal government, that's not really correct.
[36:14.280 --> 36:23.840]  State means a sovereign legal entity and each state in the United States are separate sovereign
[36:23.840 --> 36:35.680]  individual nations and we've engaged this District of Columbia to represent us all in
[36:35.680 --> 36:37.680]  certain circumstances.
[36:37.680 --> 36:44.000]  Originally, its only purpose was to protect us from external aggression but over the years
[36:44.000 --> 36:51.000]  it's developed more authority and control which may or may not be a good thing.
[36:51.000 --> 36:58.680]  But you can be a citizen of the United States, that group and a citizen of the state that
[36:58.680 --> 37:05.160]  you're in but you're not a citizen of a municipality or a county, you're just a resident.
[37:05.160 --> 37:06.160]  Correct.
[37:06.160 --> 37:14.960]  I cannot be a citizen of the United States unless I am first a citizen of a state.
[37:14.960 --> 37:24.080]  Unless you live in Washington, D.C. or a territory, Puerto Rico, Guam, not the Virgin
[37:24.080 --> 37:35.440]  Adams, Guam, Midway, Puerto Rico and there's a couple more I can't remember.
[37:35.440 --> 37:41.360]  So, in order to be a citizen of the United States, I must first be a citizen of a state
[37:41.360 --> 37:43.360]  or a territory.
[37:43.360 --> 37:44.360]  Exactly.
[37:44.360 --> 37:49.360]  Or live in Washington, D.C.
[37:49.360 --> 37:53.320]  Okay, a corporation, that's a corporation, right?
[37:53.320 --> 37:58.160]  No, Washington, D.C. was set apart from all of the states.
[37:58.160 --> 38:03.840]  It was ceded from Virginia and Maryland to the federal government.
[38:03.840 --> 38:06.680]  It is a federal enclave.
[38:06.680 --> 38:10.880]  So it's kind of like a separate state.
[38:10.880 --> 38:17.360]  So if you live in Washington, D.C., you're not a citizen of any of the states but you
[38:17.360 --> 38:20.200]  are a citizen of the United States.
[38:20.200 --> 38:23.920]  Oh, I'd like to learn more about that.
[38:23.920 --> 38:26.240]  So last question regarding municipal authority.
[38:26.240 --> 38:34.040]  Am I correct to say that the police only have what we as citizens have in the power of arrest
[38:34.040 --> 38:41.120]  but a sheriff would have more of a martial authority because he's elected and his deputies?
[38:41.120 --> 38:53.760]  A city has policing powers by statute but in the county, the constitutional policing
[38:53.760 --> 38:57.320]  power belongs to the county.
[38:57.320 --> 39:03.440]  Originally, there were no local police but as we've got more people, the legislature
[39:03.440 --> 39:12.640]  did have it within their authority to create local policing agencies and they did that.
[39:12.640 --> 39:19.000]  The local policing agencies are not under the control of the sheriff.
[39:19.000 --> 39:26.200]  So are you saying that a police officer has the same authority and duty as a sheriff's
[39:26.200 --> 39:27.200]  deputy?
[39:27.200 --> 39:29.200]  No, no, no.
[39:29.200 --> 39:33.800]  Go ahead, Brett.
[39:33.800 --> 39:39.160]  Now, the police officers are under the city.
[39:39.160 --> 39:45.600]  The police officers can enforce the city ordinances.
[39:45.600 --> 39:52.040]  They can enforce anything that's related to the city but as in their capacity as a peace
[39:52.040 --> 39:58.840]  officer, that's a state level thing, as in their capacity as a peace officer, the code
[39:58.840 --> 40:08.640]  of criminal procedure 14 says that their arrest authority is higher or let's say more sensitive
[40:08.640 --> 40:12.440]  than the average Joe.
[40:12.440 --> 40:19.600]  Anybody who sees a felony can do a citizen's arrest but a peace officer doesn't have to
[40:19.600 --> 40:23.120]  be a felony severity.
[40:23.120 --> 40:28.760]  It says any offense if you're a peace officer.
[40:28.760 --> 40:33.640]  So and I actually think that that particular subsection B is unconstitutional, nobody's
[40:33.640 --> 40:37.920]  challenged it yet but that's what it says.
[40:37.920 --> 40:41.080]  We're getting ready to.
[40:41.080 --> 40:50.600]  14A says that a peace officer can arrest someone for the on-site commission of a breach of
[40:50.600 --> 40:52.600]  the peace.
[40:52.600 --> 41:03.800]  14B says a peace officer can arrest someone for the on-site commission of any offense.
[41:03.800 --> 41:12.040]  So those two are not consistent with one another and that's part of the problem with this mass
[41:12.040 --> 41:22.080]  incarceration rate and this problem with too many people in jail that was mass incarceration
[41:22.080 --> 41:27.760]  rate is the officers are allowed to rest for just anything.
[41:27.760 --> 41:47.160]  In 2017, the counties in the state of Texas paid 900 million dollars for pre-child detainees.
[41:47.160 --> 41:55.360]  These are people that haven't been convicted of a crime and paid another 276 million for
[41:55.360 --> 41:57.480]  court appointing counsel.
[41:57.480 --> 42:07.720]  The entire criminal justice budget was 3.2 billion so fully a third of the entire budget
[42:07.720 --> 42:13.000]  was for people who had been arrested and have not been to court yet had not been convicted
[42:13.000 --> 42:14.000]  of a crime.
[42:14.000 --> 42:23.400]  If we get rid of 1401B, it will dramatically decrease that incarceration rate.
[42:23.400 --> 42:31.040]  In hand in hand with that would be the re-institution of the following of the law regarding examining
[42:31.040 --> 42:32.040]  trials.
[42:32.040 --> 42:33.040]  Exactly.
[42:33.040 --> 42:43.480]  Those two together, I suggest, will eliminate our mass incarceration problem and that's
[42:43.480 --> 42:45.240]  my story and I'm sticking to it.
[42:45.240 --> 42:51.320]  We wouldn't have any overcrowding in jails and we wouldn't have all of this animosity
[42:51.320 --> 42:54.040]  like us versus them.
[42:54.040 --> 42:56.400]  It would all just evaporate.
[42:56.400 --> 43:01.520]  If the police had to go to a magistrate and explain himself, you know, the people come
[43:01.520 --> 43:11.080]  on my show, most of what they want is to be heard and this is what I'm telling the magistrates.
[43:11.080 --> 43:16.720]  To do this examining trial, most of the time the police have a good reason for resting people.
[43:16.720 --> 43:20.520]  But what you need to do is a little song and dance and salsa down your pants.
[43:20.520 --> 43:28.240]  You need to give that citizen the impression that they are being listened to if you want
[43:28.240 --> 43:32.840]  the public to trust the system.
[43:32.840 --> 43:34.840]  That's what I'm trying to give them to.
[43:34.840 --> 43:35.840]  Hang on.
[43:35.840 --> 43:36.840]  About to go to our sponsors.
[43:36.840 --> 43:39.800]  Do you have any more questions for us, Mary?
[43:39.800 --> 43:41.280]  Yes.
[43:41.280 --> 43:44.360]  Okay, well, hang on to the other side.
[43:44.360 --> 43:52.320]  Randy Kelton, Brett Fountain, Rue de la Radio, my call in number 512-646-1984, Ron Taylor,
[43:52.320 --> 44:00.640]  I see you there, we will get to you, we'll be right back.
[44:00.640 --> 44:06.680]  Through advances in technology our lives have greatly improved, except in the area of nutrition.
[44:06.680 --> 44:11.440]  People feed their pets better than they feed themselves, and it's time we changed all that.
[44:11.440 --> 44:17.080]  Our primary defense against aging and disease in this toxic environment is good nutrition.
[44:17.080 --> 44:22.480]  In a world where natural foods have been irradiated, adulterated, and mutilated, young
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[44:25.760 --> 44:30.560]  Logo's radio network gets many requests to endorse all sorts of products, most of which
[44:30.560 --> 44:31.720]  we reject.
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[44:39.800 --> 44:46.120]  When you order from Logo's Radio Network.com, your health will improve as you help support
[44:46.120 --> 44:47.680]  quality radio.
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[45:00.280 --> 45:04.320]  Are you the plaintiff or defendant in a lawsuit?
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[46:22.240 --> 46:31.560]  Okay, hear that bass in that tune?
[46:31.560 --> 46:39.760]  That's probably Deborah on bass, she's her bass player, and she plays the violin, and
[46:39.760 --> 46:44.800]  she was an ice skater, she meddled in ice skating, she does all kind of stuff.
[46:44.800 --> 46:51.240]  She taught math in college, she did a lot of stuff.
[46:51.240 --> 47:00.000]  Okay, going back to Ms. Mary, and you had another question for us.
[47:00.000 --> 47:05.160]  One statement and two questions, I heard through the gossip vine that Doug Shafer resigned
[47:05.160 --> 47:09.920]  because the New York Innocence Project asked the question about his oath.
[47:09.920 --> 47:10.760]  Okay, Doug Shafer.
[47:10.760 --> 47:19.720]  The Williamson County judge who used to seat in Harris County, the Houston area, who was
[47:19.720 --> 47:25.880]  on top of Carolyn Barnes, the attorney from Williamson County, that he sent it to a criminal
[47:25.880 --> 47:28.160]  in St. Asylum up near Wichita.
[47:28.160 --> 47:32.080]  Yes, the one that you championed.
[47:32.080 --> 47:39.160]  I tried to, and who championed it was who she told me to call, who helped her with one
[47:39.160 --> 47:45.760]  of her Patriot clients, who they set up on a 9-11 call for transportation rights, was
[47:45.760 --> 47:54.640]  the citizens, oh my gosh, it was the international nonprofit, and they're like a religious science
[47:54.640 --> 48:03.360]  group that does not believe in psychiatric drugs, CCHR, Citizens' Commission on Human
[48:03.360 --> 48:04.360]  Rights.
[48:04.360 --> 48:10.600]  So they helped us by getting one of their journalist friends to inquire at that insane
[48:10.600 --> 48:15.360]  asylum in Vernon about her records and whatnot.
[48:15.360 --> 48:20.080]  They moved her to Kerville, and then at some point they let her out, and then she kind
[48:20.080 --> 48:25.000]  of went her own way, but she's still active, or not active, but she's still residing near
[48:25.000 --> 48:26.000]  here.
[48:26.000 --> 48:32.960]  But apparently, the gossip is that some people have been educating the Innocence Project
[48:32.960 --> 48:38.520]  in New York City about oaths, and they raised a question on Doug.
[48:38.520 --> 48:45.120]  The gossip about him is that he's sent the most or many people to death in Texas, and
[48:45.120 --> 48:49.160]  he's an old, old guy, so, but that's just the gossip on that.
[48:49.160 --> 48:51.640]  Good, I hope so.
[48:51.640 --> 48:58.120]  He was being brought in after he retired as a visiting judge, and it's been my experience
[48:58.120 --> 49:04.200]  when they bring in a visiting judge, they bring the visiting judge in because he's
[49:04.200 --> 49:10.080]  going to screw you, because he's not worried about getting elected so he can do the dirty
[49:10.080 --> 49:17.080]  work.
[49:17.080 --> 49:25.520]  I was just saying, I've had that same experience as well with visiting judges, when they're
[49:25.520 --> 49:32.240]  stepping in, they do whatever they want.
[49:32.240 --> 49:38.600]  Well, I've got a defense for it if I can get people to start using it.
[49:38.600 --> 49:43.360]  Parker Walker, is that right, Brad?
[49:43.360 --> 49:45.000]  Walker V. Packer, yeah.
[49:45.000 --> 49:56.600]  Walker V. Packer says that a judge has no discretion in properly applying the law to
[49:56.600 --> 50:02.240]  the facts of failure to do so as an abuse of discretion, and the only thing you can
[50:02.240 --> 50:09.560]  appeal for from a court is an abuse of discretion.
[50:09.560 --> 50:15.840]  But the way I read the code, if a judge abuses his discretion, and in the process denies you
[50:15.840 --> 50:21.320]  in the form of free access to or enjoyment of right, well, that's a crime in the state
[50:21.320 --> 50:22.320]  of Texas.
[50:22.320 --> 50:26.720]  It's official oppression, it's a class A misdemeanor, so if they want to bring a judge
[50:26.720 --> 50:34.480]  in, a ringer, in order to give me a bogus ruling, well, I'll see if I can't get him
[50:34.480 --> 50:37.520]  indicted by a grand jury.
[50:37.520 --> 50:39.920]  See how that works for you.
[50:39.920 --> 50:44.760]  So, two more questions.
[50:44.760 --> 50:48.840]  Are you ever going to let me go with you again to serve a criminal complaint?
[50:48.840 --> 50:55.720]  As long as you don't try to beat up a DPS sergeant again in the Capitol.
[50:55.720 --> 51:00.720]  Yeah, that's all we have to do with that Sunset Commission is bring our cameras out
[51:00.720 --> 51:04.120]  and then we'll watch them come try to beat us up and turn our cameras off.
[51:04.120 --> 51:11.200]  Yeah, well, I was afraid, Mary's about six foot one and she's black belt and karate,
[51:11.200 --> 51:17.240]  and I was afraid she was going to wipe out the security guys and get all shot.
[51:17.240 --> 51:23.240]  I had to defend an info warrior in one of those commissions from one of those same
[51:23.240 --> 51:25.760]  guys that tried to take her camera.
[51:25.760 --> 51:30.240]  And instead of talking about the health commission and stuff, I just talked about free speech
[51:30.240 --> 51:39.680]  and all this crap, but gosh, the point is, when they told me to leave and I was standing
[51:39.680 --> 51:45.320]  next to Randy, we went to the Supreme Court, they were locked up, state of Texas, then
[51:45.320 --> 51:51.960]  we went to the county court and we had about five young handsome, beautiful young, gleaming
[51:51.960 --> 51:59.400]  specimen officers, DPS and their browns and tan, look at us funny.
[51:59.400 --> 52:06.720]  And I'm six foot five with my heels on and my hair up and I wore a skirt and I was standing
[52:06.720 --> 52:11.200]  between you and them to some degree and you said, well, I need to see a judge and I say,
[52:11.200 --> 52:15.400]  you have an appointment or something and you say, it's closed, they say it's closed
[52:15.400 --> 52:20.800]  and then they look at me and they're like, who is she and I say, I'm his friend and they
[52:20.800 --> 52:25.800]  keep looking at me and then there's no, you said you were my videographer and you were
[52:25.800 --> 52:30.400]  two older guys in the back that I think knew me because these are all the young kids up
[52:30.400 --> 52:35.360]  front and then and I said, I'm your friend like two or three times like it's none of
[52:35.360 --> 52:36.840]  your S and business.
[52:36.840 --> 52:37.840]  I'm his friend.
[52:37.840 --> 52:38.840]  I'm his friend.
[52:38.840 --> 52:39.840]  I'm his friend.
[52:39.840 --> 52:45.840]  And then I look at the officers behind me that I think knew me and I just said, I'm a witness
[52:45.840 --> 52:53.000]  and boy, they sure shifted and then one of the whiter of them with more tattoos told
[52:53.000 --> 52:56.440]  you to, you know, you needed to leave and told me I needed to leave and I pretty much
[52:56.440 --> 52:59.040]  ran out the door and I looked behind me and I said, where's Randy?
[52:59.040 --> 53:01.040]  Oh, wait a minute.
[53:01.040 --> 53:07.840]  You're talking about when we were at the courthouse with the complaints against the governor.
[53:07.840 --> 53:09.840]  Yeah, last month or two.
[53:09.840 --> 53:10.840]  At Travis City.
[53:10.840 --> 53:11.840]  Yeah.
[53:11.840 --> 53:16.240]  When I was making a phone call, they asked if I had an appointment and they wouldn't
[53:16.240 --> 53:18.640]  let anybody in the courthouse without an appointment.
[53:18.640 --> 53:21.280]  I said, I'm here to see the clerk.
[53:21.280 --> 53:22.280]  You have an appointment.
[53:22.280 --> 53:24.480]  Don't need an appointment.
[53:24.480 --> 53:29.440]  And I've used my phone for some reason and this officer said, you're going to have to
[53:29.440 --> 53:30.640]  go outside to do that.
[53:30.640 --> 53:31.640]  I said, no, I'm not.
[53:31.640 --> 53:33.040]  I'm using my phone right here.
[53:33.040 --> 53:34.840]  No, you're going to have to go outside.
[53:34.840 --> 53:36.840]  So what are you going to do?
[53:36.840 --> 53:37.840]  You're going to arrest me?
[53:37.840 --> 53:38.840]  You want to arrest me here?
[53:38.840 --> 53:39.840]  I stuck my arms out.
[53:39.840 --> 53:42.840]  Get out of your car, stick them on me.
[53:42.840 --> 53:47.840]  Well, I was already outside of the door staring at you like a chicken.
[53:47.840 --> 53:55.240]  Well, this other guy came over and stepped in front of the officer who was getting all
[53:55.240 --> 53:56.240]  excited.
[53:56.240 --> 54:02.840]  Big guy tattoos all over him and he handled me like a pro.
[54:02.840 --> 54:04.840]  Very good guy.
[54:04.840 --> 54:12.640]  He calms things down and once I talk to him a little while, I turn to these other officers
[54:12.640 --> 54:13.640]  standing there.
[54:13.640 --> 54:15.840]  I say, you see this guy?
[54:15.840 --> 54:20.840]  This guy just handled me like a pro and I'd like to be handled like a pro.
[54:20.840 --> 54:22.840]  You could learn from him.
[54:22.840 --> 54:29.840]  He told me to go down the road and go talk to the county district attorney and we did
[54:29.840 --> 54:32.560]  and they took the paperwork.
[54:32.560 --> 54:34.920]  They actually gave us good advice.
[54:34.920 --> 54:40.560]  Well, we went to the courthouse because the district attorney's office used to be in the
[54:40.560 --> 54:45.600]  courthouse on the bottom floor as you go in the door on your right and this guy told
[54:45.600 --> 54:51.400]  me, oh, well, they built a new business, a new building across the street and in 2008
[54:51.400 --> 55:02.240]  when I got the Court of Criminal Appeals presented to a grand jury, it was, what's his name?
[55:02.240 --> 55:09.720]  The prosecutor, Mary Earl, Ron Earl, Ron Earl.
[55:09.720 --> 55:14.120]  So he was retiring and he used my complaints to try to take these judges out with him.
[55:14.120 --> 55:16.080]  He said, oh, they built a new building across the street.
[55:16.080 --> 55:21.440]  It's a Ron Earl building, named the building after it.
[55:21.440 --> 55:28.200]  But instead of trying to play huffy puffy, I can push you around.
[55:28.200 --> 55:32.480]  This guy treated me with dignity and with respect.
[55:32.480 --> 55:35.600]  He asked me questions, I gave him answers.
[55:35.600 --> 55:36.600]  There was no difficulty.
[55:36.600 --> 55:43.240]  I was looking with you in front of the Capitol and we were walking back to our cars and what
[55:43.240 --> 55:48.960]  there was a fireman and we started talking to these firemen, nice handsome young men
[55:48.960 --> 55:55.080]  and they freaking knew you and y'all had, I mean, I'm not sure that this guy that helped
[55:55.080 --> 56:02.040]  you in Travis County didn't know you or Alex or something because they were totally familiar
[56:02.040 --> 56:04.040]  with the strip.
[56:04.040 --> 56:08.800]  The firefighter totally knew everything, what, we spent 20, 30 minutes talking to that guy
[56:08.800 --> 56:09.800]  almost?
[56:09.800 --> 56:10.800]  Yeah.
[56:10.800 --> 56:15.760]  Yeah, they were definitely on our side and they knew immediately who we were.
[56:15.760 --> 56:16.920]  That was nice.
[56:16.920 --> 56:23.840]  So real quick, and we don't have to go into it depth, but I'm going to need to see Facebook
[56:23.840 --> 56:31.000]  and the way I'm thinking I need to do is write a small pamphlet and distribute it on a Facebook
[56:31.000 --> 56:34.120]  page, how to sue Facebook for censorship.
[56:34.120 --> 56:39.520]  I just have seven days blocked and I've worked real hard to have a safe kind of info award
[56:39.520 --> 56:45.000]  type environment of 3,000 people on my page and that's with a lot of blocking too, a lot
[56:45.000 --> 56:49.800]  of adding people, a lot of blocking and I go in content sometimes 10 times a day, sometimes
[56:49.800 --> 56:56.640]  up to 200 times a day with the freshest content and some humor and health and what not.
[56:56.640 --> 57:00.800]  And it's never about me, it's more of a media info award type page.
[57:00.800 --> 57:08.720]  And you go from 24 hours ban to 3 hours ban to 7 days ban, then the next one is 30 days
[57:08.720 --> 57:09.720]  ban, I think.
[57:09.720 --> 57:12.440]  And so I'm getting real close to being 30 days ban.
[57:12.440 --> 57:16.840]  I've worked on this page while I was at the airport and stuff as my only political outlet
[57:16.840 --> 57:21.560]  for years, taking me a very long time to build these numbers and I'm probably, you know,
[57:21.560 --> 57:25.320]  I could be getting banned and suspended soon so I want to go ahead and sue them as soon
[57:25.320 --> 57:30.320]  as possible and like you said, class actions are weak.
[57:30.320 --> 57:35.760]  We need to teach people how to do their own so they can get a lot of, have a lot of targets
[57:35.760 --> 57:36.760]  or something.
[57:36.760 --> 57:40.320]  So that brings up a very good question, correct.
[57:40.320 --> 57:46.840]  How do we develop a claim against Facebook?
[57:46.840 --> 57:50.400]  I want five arguments, you know, one, two, three, four, five, six, seven.
[57:50.400 --> 57:51.920]  I would like to have several arguments.
[57:51.920 --> 57:55.280]  And we don't have to go through it tonight because I know you've got somebody waiting,
[57:55.280 --> 57:59.200]  but this is going to have to be a continued conversation, maybe?
[57:59.200 --> 58:00.800]  Yes, I would like that.
[58:00.800 --> 58:04.400]  I'd like to work out what our causes of action would be.
[58:04.400 --> 58:05.400]  Okay.
[58:05.400 --> 58:06.400]  So that's an answer.
[58:06.400 --> 58:08.080]  Everybody put that in the back of your mind.
[58:08.080 --> 58:11.400]  How do we get a claim against Facebook?
[58:11.400 --> 58:14.880]  I know if you have a, you know, this is the right to work state.
[58:14.880 --> 58:20.000]  So a company, we don't have unions, a company can fire you if you don't want to.
[58:20.000 --> 58:24.400]  But the courts have ruled if you put in a lot of time with a company, then you develop
[58:24.400 --> 58:29.280]  a property claim in the company.
[58:29.280 --> 58:34.040]  I want to see if there's something like that we can do with Facebook and not get it under
[58:34.040 --> 58:36.080]  the trap of the First Amendment.
[58:36.080 --> 58:38.400]  Randy Kelton, thank you, Mary, for calling.
[58:38.400 --> 58:40.560]  You need to be around more.
[58:40.560 --> 58:43.480]  We don't hear you enough.
[58:43.480 --> 58:44.480]  Go into our sponsors.
[58:44.480 --> 58:50.320]  We'll be right back.
[58:50.320 --> 58:54.440]  Would you like to make more definite progress in your walk with God?
[58:54.440 --> 58:59.640]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.640 --> 59:00.960]  can really help.
[59:00.960 --> 59:05.440]  The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.440 --> 59:06.440]  today.
[59:06.440 --> 59:10.360]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.360 --> 59:13.440]  to know God and to know the meaning of life.
[59:13.440 --> 59:18.680]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.680 --> 59:22.960]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:22.960 --> 59:27.920]  of salvation, growing in Christ, and how to build up the church.
[59:27.920 --> 59:32.920]  To order your free New Testament recovery version and Basic Elements of the Christian
[59:32.920 --> 59:45.720]  Life, call Bibles for America toll-free at 888-551-0102, that's 888-551-0102, or visit
[59:45.720 --> 59:49.560]  us online at bfa.org.
[59:49.560 --> 01:00:00.640]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.640 --> 01:00:06.640]  The following is brought to you by the Lowestar Lowdown.
[01:00:06.640 --> 01:00:13.280]  Markets for Monday, 22 July 2019, open with precious metals, gold $1429 an ounce, silver
[01:00:13.280 --> 01:00:22.560]  $16.45 an ounce, copper $2.75 an ounce, oil Texas crude $55.63 a barrel, brand crude $62.47
[01:00:22.560 --> 01:00:30.040]  a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum $227
[01:00:30.040 --> 01:00:46.120]  and $26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[01:00:46.120 --> 01:00:52.320]  During history, the year 1916, the Preparedness Day bombing, a time suitcase bomb, was detonated
[01:00:52.320 --> 01:00:57.680]  on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[01:00:57.680 --> 01:01:04.680]  10 and injuring 40.
[01:01:04.680 --> 01:01:05.680]  And recent news.
[01:01:05.680 --> 01:01:10.360]  Since Governor Greg Abbott signed House Bill 1325 legalizing Hemp and the Texas law back
[01:01:10.360 --> 01:01:15.040]  in June, county prosecutors around the state, including Houston, Austin and San Antonio,
[01:01:15.040 --> 01:01:19.040]  have been dropping marijuana possession charges and even refusing to file new ones since they
[01:01:19.040 --> 01:01:23.120]  are stipulating that they do not have the time or the laboratory equipment to test the
[01:01:23.120 --> 01:01:27.680]  area for THC. Margaret Moore, the Travis County District Attorney, announced earlier
[01:01:27.680 --> 01:01:32.400]  this month that she was dismissing 32 felony possession and delivery of marijuana cases
[01:01:32.400 --> 01:01:33.600]  because of the law.
[01:01:33.600 --> 01:01:37.480]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:01:37.480 --> 01:01:42.000]  that county district attorneys back on Thursday that marijuana has not been decriminalized
[01:01:42.000 --> 01:01:48.160]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:01:48.160 --> 01:01:54.400]  well as other cities, too, like the District Attorney in El Paso, Kyma Esparza, a Democrat
[01:01:54.400 --> 01:01:58.880]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:01:58.880 --> 01:02:01.760]  prosecution of marijuana cases in El Paso.
[01:02:01.760 --> 01:02:06.680]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[01:02:06.680 --> 01:02:10.680]  in Harris County, who stated that, quote, the law is constantly changing on what makes
[01:02:10.680 --> 01:02:13.400]  something illegal based on its chemical makeup.
[01:02:13.400 --> 01:02:17.280]  It's important that if someone is charged with something, the test matches what they're
[01:02:17.280 --> 01:02:22.520]  charged with.
[01:02:22.520 --> 01:02:27.120]  A paper by Tulane University identified a five and a half inch American pocket shark
[01:02:27.120 --> 01:02:32.240]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[01:02:32.240 --> 01:02:37.920]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[01:02:37.920 --> 01:02:39.400]  Pacific Ocean.
[01:02:39.400 --> 01:02:43.680]  According to the university paper, the shark secretes a luminous fluid from a gland near
[01:02:43.680 --> 01:02:49.960]  its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[01:02:49.960 --> 01:03:18.480]  globe.
[01:03:19.960 --> 01:03:49.400]  All right, we are back, this is the rule of law radio on Friday the 4th of December
[01:03:49.400 --> 01:03:58.280]  2020 and we were speaking with Mary but she dropped off and now we are going to go to
[01:03:58.280 --> 01:04:04.360]  Ron in Texas. Ron, thanks for calling back. It's good to hear from you last night and
[01:04:05.320 --> 01:04:15.480]  what do you have for us tonight? Oh, can you hear me okay? Yes, sir. Okay, well I went down and did
[01:04:15.480 --> 01:04:24.040]  what you asked today and I'm trying to file for bankruptcy chapter 7 right now online looking
[01:04:24.040 --> 01:04:29.880]  through these forms trying to understand those but they were kind of evasive with me today.
[01:04:29.880 --> 01:04:39.400]  They told me that my son was charged with one case or they asked that I understand he's been
[01:04:39.400 --> 01:04:46.440]  charged with five cases. Okay, hold on, hold on, you just implied that the bankruptcy court was
[01:04:46.440 --> 01:04:55.720]  doing this. When you shift gears you need to let us know you're shifting gears. Okay, sorry,
[01:04:55.720 --> 01:05:02.440]  yeah, I was in the middle of filing bankruptcy when I got in so I didn't mean to confuse things.
[01:05:02.440 --> 01:05:09.480]  I went this morning to the place that you told me to go to down here in Grayson County at the
[01:05:09.480 --> 01:05:15.640]  district attorney's office or the sheriff's office to try to get this charged to find out what he
[01:05:15.640 --> 01:05:22.840]  was charged with my son. Okay, and it says that he was charged. Should I read this order to you
[01:05:22.840 --> 01:05:30.440]  over the phone or I sent you the order to your phone but it says one case. If it's not too long
[01:05:30.440 --> 01:05:35.720]  I couldn't read the one you sent me on the phone. Go ahead. Oh, it says a second degree
[01:05:37.160 --> 01:05:47.400]  felony possession CSPG2 with a greater than symbol equals 4G minus 400 grams
[01:05:48.280 --> 01:05:55.800]  and the bond amount is 7500. My son wrote me the other day and said the bond amount was $21,500.
[01:05:55.800 --> 01:06:02.200]  That was last week. I asked, where are these other charges and what else has he been charged with?
[01:06:02.200 --> 01:06:07.560]  She said, well, the DA has those and he has not been charged with anything else yet.
[01:06:07.560 --> 01:06:11.080]  Those charges are pending and I said, well, what are they? And she said,
[01:06:12.600 --> 01:06:18.200]  terroristic threat against a person, terroristic threat against an officer and I think she said
[01:06:18.200 --> 01:06:22.920]  resisting arrest but I said, well, where are the charges that you said you got to go to the DA's
[01:06:22.920 --> 01:06:28.440]  office? I didn't go to the DA's office. I went to try to get those treasury bonds signed for
[01:06:28.440 --> 01:06:34.120]  my son this morning so that I could try to bond him out and they did do that and I got that taken
[01:06:34.120 --> 01:06:39.960]  care of at the bank. It's been a long day so I didn't get any sleep last night but that's what
[01:06:39.960 --> 01:06:46.760]  I got done today but they are saying that they, I don't know that he was taken to a magistrate.
[01:06:46.760 --> 01:06:53.720]  Okay, hold on Ron. Remember that you're not just speaking to me. You're talking to everybody else
[01:06:53.720 --> 01:07:02.760]  out there. Give a little more detail so they know what you're talking about. He had some bonds
[01:07:02.760 --> 01:07:09.080]  and his son had signed them but the bank wouldn't accept them. So we're sitting back to the jail
[01:07:09.080 --> 01:07:17.480]  to have the, the jail has a notary in there that will notarize document fruits for inmates. So he
[01:07:17.480 --> 01:07:24.680]  sent him back to have his signature verified by the notary in the jail so that the bank could
[01:07:24.680 --> 01:07:30.360]  accept the bonds. That's correct and they did do that. So they cashed me out on those today.
[01:07:31.320 --> 01:07:38.920]  I don't know if it's enough to get him out. This bond is $7,500. He told me it was $21,500.
[01:07:38.920 --> 01:07:44.200]  That last week so I don't know how it dropped that low. I also tried to talk to this,
[01:07:44.200 --> 01:07:49.560]  his attorney yesterday and the attorney said, I'm not speaking to you and I said, well,
[01:07:49.560 --> 01:07:54.120]  did you have a hearing and he just looked at me like, get away from me and I followed him down
[01:07:54.120 --> 01:08:00.920]  the stairs because he was trying to get across the street. He would, did you, where did you
[01:08:00.920 --> 01:08:13.080]  start grieving? I'm sorry. Far grieving. Okay. Yeah, that was it. I told my son to fire him
[01:08:13.080 --> 01:08:19.640]  because he's acting like he said, your son's got a weak ass case. Pardon my French. And I said,
[01:08:19.640 --> 01:08:25.160]  wait a minute. Do you mean, do you mean the police have a weak case against him or my son has it?
[01:08:25.160 --> 01:08:32.760]  He said, I'll talk to the DA, which is Kerry Ashmore up here in Grayson County, real peach.
[01:08:33.320 --> 01:08:39.240]  And that guy said, this case is weak. In other words, his case, his excuse is weak.
[01:08:40.600 --> 01:08:44.760]  My son was walking down the highway. He was in the median. He wasn't.
[01:08:44.760 --> 01:08:49.320]  Oh, wait, wait, wait. Don't go into all that. We'll spin the whole show on that. Okay. Yeah.
[01:08:49.320 --> 01:08:56.920]  Yeah. There are things I wanted to talk about concerning this case. And you've been online
[01:08:56.920 --> 01:09:04.920]  for a while. So you've heard us talking about due process and such. When you have a lot of claims
[01:09:04.920 --> 01:09:14.280]  you can bring. So you put the claims together, send mail them to your son in the jail and ask
[01:09:14.280 --> 01:09:25.400]  your son to give them to his attorney or send them to his attorney. And then you go down and look
[01:09:25.400 --> 01:09:31.960]  in the court record. And when you don't file, find that the attorney has brought any of these issues
[01:09:31.960 --> 01:09:37.800]  before the court, then you bar, agree with the attorney. If the attorney's court appointed,
[01:09:37.800 --> 01:09:46.680]  he's on your dime, not just your son's dime, but he's on your dime. And when he's paid to
[01:09:46.680 --> 01:09:53.160]  represent, he has a duty to adequately represent. And when he doesn't bring these issues before
[01:09:53.160 --> 01:10:01.720]  the court, then you bar, grieve him and get your son to bar, grieve him. Bar grievances.
[01:10:01.720 --> 01:10:10.760]  Okay. If you file a bar grievance against the lawyer, the state bar will get that grievance
[01:10:10.760 --> 01:10:17.480]  and throw it in the trash. And that's a good thing. They'll send you this letter that says
[01:10:17.480 --> 01:10:21.640]  we examined into your accusation, find it does not rise to the level of misconduct,
[01:10:21.640 --> 01:10:33.080]  or they will say we're treating your grievance as a inquiry. Brett, you want to address that part?
[01:10:35.160 --> 01:10:41.560]  Yeah, they have something that they, it's called classification that they can do before they act
[01:10:41.560 --> 01:10:53.160]  on it. They can classify it. And if you have, their rules say that if you have alleged a violation
[01:10:53.160 --> 01:11:01.000]  of their rules, then they have to call it a complaint. But if you didn't allege a violation
[01:11:01.000 --> 01:11:10.920]  of their rules, they can call it an inquiry. And an inquiry can be simply dismissed. They can say,
[01:11:10.920 --> 01:11:15.960]  well, yeah, we got your inquiry. We're not going to do anything about it. If it's a complaint,
[01:11:15.960 --> 01:11:20.520]  they have to kick into some other rules and they have to actually deal with it.
[01:11:21.080 --> 01:11:27.400]  But they like to miscategorize it right up front. This is the Texas Rules of Disciplinary
[01:11:27.400 --> 01:11:38.200]  Procedure 2.10. And they miscategorize using 1.06. They classify it as an inquiry instead
[01:11:38.200 --> 01:11:45.000]  of a complaint. It's subsection T and subsection G. And they just, whoops, got that mixed up.
[01:11:46.120 --> 01:11:54.360]  Okay, hold on just a second. Ron, you have the Rules of Disciplinary Procedure. And I'd like
[01:11:54.360 --> 01:12:01.000]  to use the State Bar Association model rules. But all of them are almost exactly the same.
[01:12:01.000 --> 01:12:09.880]  And what Brett is quoting from is chapters 1, 2, and 3. There's a whole eight or nine,
[01:12:10.760 --> 01:12:16.840]  I think nine chapters altogether. But you only care about one, two, or three. They're really short.
[01:12:17.400 --> 01:12:23.400]  You should get out the Rules of Professional Conduct for lawyers. Read them a couple of times.
[01:12:24.440 --> 01:12:29.640]  You'll read like a comic book. You'll be chuckling and laughing about all the things you can grieve
[01:12:29.640 --> 01:12:35.480]  a lawyer for. And once you've read them a couple of times, then when you file a bar gravence,
[01:12:36.360 --> 01:12:49.480]  you say that he violated this code by doing this. Brett, will that get you in there?
[01:12:52.040 --> 01:12:58.760]  That's what I do. And what I was quoting from is the Texas Rules of Disciplinary Procedure.
[01:12:58.760 --> 01:13:05.800]  It's a TRDP. That's the rules that the ones who receive our bar gravences have to follow those
[01:13:05.800 --> 01:13:12.840]  rules. And what you're talking about is the Texas Disciplinary Rules of Professional Conduct,
[01:13:12.840 --> 01:13:21.720]  TDRPC, that's the ones that the lawyers have to follow. And yes, it is very easy to find something
[01:13:21.720 --> 01:13:29.240]  that they did wrong. If it says the lawyer shall not do such and such, then for the violation,
[01:13:29.240 --> 01:13:34.440]  you simply say the lawyer did such and such. And if it says he shall do such and such,
[01:13:34.440 --> 01:13:40.120]  then for a violation, you just say the lawyer failed or refused to do such and such. It's
[01:13:40.120 --> 01:13:48.440]  very simple. Okay. And now we're going to go to why that's important. An inquiry is not treated
[01:13:48.440 --> 01:13:56.120]  like a grievance. So we're not sure how the insurance companies handle that, but we do know
[01:13:56.120 --> 01:14:03.240]  how they handle grievances. One grievance, your first year of practice, valid, invalid,
[01:14:03.800 --> 01:14:10.040]  they don't care. They'll cancel your malpractice insurance immediately and it starts at $25,000
[01:14:10.040 --> 01:14:16.760]  a year. Two-bar grievances, any one year of practice, they cancel. If you've been practicing 20 years,
[01:14:16.760 --> 01:14:23.960]  they cancel. Three, they cancel your law firms malpractice insurance. Valid, invalid, they don't
[01:14:23.960 --> 01:14:31.400]  care because they know that the bar will trash just about anything you file so they can't gauge
[01:14:31.400 --> 01:14:37.240]  their level of risk by valid bar grievances. So the rule is, bar grievance, every chance you get.
[01:14:37.240 --> 01:14:46.760]  You want to get their attention? Bar grievance, they try to get removed from the case, object to it.
[01:14:46.760 --> 01:14:52.680]  Though the judge, private contract, Constitution forbids you from interfering with a private contract.
[01:14:54.200 --> 01:14:56.440]  Brett, I think you've got some stories on that.
[01:14:58.920 --> 01:15:00.200]  Interfering with the contract?
[01:15:00.200 --> 01:15:07.000]  Yeah, someone objecting to a lawyer withdrawing.
[01:15:07.960 --> 01:15:15.560]  Oh, yeah. That was done in Brazos County. It was Brian College Station.
[01:15:16.680 --> 01:15:21.320]  The lawyer wanted to get out of this situation because
[01:15:21.320 --> 01:15:29.560]  I was helping. This is sort of down a please guy? Right. That's the guy.
[01:15:32.760 --> 01:15:37.960]  So the guy that I was helping, I was telling him that, well, if your lawyer's not doing right,
[01:15:37.960 --> 01:15:41.480]  you can do this bar grievance. It's a state bar thing. I was telling him that, well,
[01:15:41.480 --> 01:15:49.320]  apparently he had scratched a note about that in the margin of some paper he had on hand at the time.
[01:15:49.320 --> 01:15:54.440]  And he happened to have that paper with him the next time he saw the lawyer,
[01:15:55.160 --> 01:16:00.600]  and he was showing the lawyer something else. And the lawyer saw this note in the margin about
[01:16:00.600 --> 01:16:10.440]  a grievance, and he freaked out. And he took it as a threat. And he says, my friend was saying,
[01:16:10.440 --> 01:16:16.760]  I didn't show you this like a threat. What are you talking about? And this guy says,
[01:16:16.760 --> 01:16:21.240]  I won't work like this. I can't work like this. You're holding the dagger to my throat and
[01:16:21.240 --> 01:16:24.120]  you have a sword hanging over my neck. I won't work like this.
[01:16:25.880 --> 01:16:30.280]  He went and tried to get himself removed from the case, and he filed a motion to withdraw.
[01:16:31.400 --> 01:16:40.200]  And in this motion, he claims that the guy is talking about a bar grievance. He had a note
[01:16:40.200 --> 01:16:45.560]  written in the margin about grievance. And my friend is like, what are you talking about? No,
[01:16:45.560 --> 01:16:50.200]  I'm not letting you get it. You're getting paid to help me here. You better stay here and do your
[01:16:50.200 --> 01:16:54.520]  job. You're not going anywhere. So then it was on the judge.
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[01:19:49.720 --> 01:20:05.480]  All right, we are back. Rule of Law Radio, Randy Kelton. I'm Brett Fountain and we are talking
[01:20:05.480 --> 01:20:14.760]  with Ron in Texas. Talking about bar grievances and how it affects these lawyers. And Ron,
[01:20:14.760 --> 01:20:22.920]  you had two different kinds of things going on, right? You had the issue with your home,
[01:20:22.920 --> 01:20:28.280]  the foreclosure, the bankruptcy, that's one whole saga you've got going on. And you've also got
[01:20:29.160 --> 01:20:39.880]  your son and how he was arrested and mistreated and all based on he was keeping Texas clean. He's
[01:20:39.880 --> 01:20:45.160]  out there picking up some trash on the side of the road. While he was walking, they nabbed him
[01:20:45.160 --> 01:20:51.000]  and accused him of having that trash, right? That's correct and charged him with two felony counts.
[01:20:52.520 --> 01:20:58.840]  They're saying it's something other than Tetra, let me see, let me read this, something other
[01:20:58.840 --> 01:21:04.920]  than Tetrahydrocannibidol, other than marijuana and less... He cares.
[01:21:04.920 --> 01:21:14.840]  They don't even know what it is. They still don't have full disclosure for the attorney
[01:21:14.840 --> 01:21:21.560]  after a year. Now, that's what that attorney told me two or three weeks ago before he decided
[01:21:21.560 --> 01:21:25.720]  just quit talking to me and I told him, well, that's because they can't prove the percentage
[01:21:25.720 --> 01:21:31.480]  level in this product. They can't prove it in a flower and they can't prove it in an oil either.
[01:21:31.480 --> 01:21:38.280]  So it might be CBD oil. And if they test, if you get caught with CBD oil, which is legal in all 50
[01:21:38.280 --> 01:21:43.960]  states, if you get caught with that and they try to do their little smell test or their little test,
[01:21:44.840 --> 01:21:52.040]  the officer will arrest you anyway because it'll come up with having THC in it, but it's only 0.003
[01:21:52.040 --> 01:21:58.280]  which won't get a fly high. My son didn't have any money, so he didn't have any way of buying
[01:21:58.280 --> 01:22:06.040]  less than 400 grams of this stuff. He just picked this piece of trash up off the highway
[01:22:06.040 --> 01:22:10.680]  and the officer claimed that he could see it in his backpack, picking out of his backpack.
[01:22:10.680 --> 01:22:16.760]  He saw a syringe. That's what he claimed. So the syringe...
[01:22:16.760 --> 01:22:21.400]  But there's nothing evil about a syringe or a backpack or trash or any of it. So it doesn't
[01:22:21.400 --> 01:22:27.720]  even matter if he saw it or thought he smelled something. That's still not a crime, right?
[01:22:28.840 --> 01:22:31.160]  That's correct. Where's the crime?
[01:22:33.800 --> 01:22:38.440]  He detained him. My son asserted his Fourth Amendment rights. He said,
[01:22:38.440 --> 01:22:43.080]  look, you ask if I was okay. I'm okay. Can you give me a ride to Denison?
[01:22:43.080 --> 01:22:47.720]  They said, no. The officer said, no, I can't give you a ride. He said, okay, well,
[01:22:47.720 --> 01:22:52.920]  I'd like to proceed on that before he was searched. The officer just kept stalling and
[01:22:52.920 --> 01:22:58.920]  stalling and then the officer called his superior on the phone and my son said,
[01:22:58.920 --> 01:23:04.120]  I'd like to go ahead and proceed. It's getting dark. I'm trying to walk home. I've got a long walk
[01:23:04.120 --> 01:23:10.120]  about 30 miles. If you can't give me a ride, then I need to go on and the cop would not
[01:23:10.120 --> 01:23:15.720]  let him go. My son was smart enough to tell the cop, hey, I want you to put your camera,
[01:23:15.720 --> 01:23:20.440]  your body camera on. Why aren't you wearing your body camera? I feel intimidated because you've
[01:23:20.440 --> 01:23:27.800]  got a firearm on and I don't. My son's smarter than I am. Thank God. He made him put his body
[01:23:27.800 --> 01:23:32.840]  camera on and he said, for your safety in mind, I want you to put this body camera on. They're
[01:23:32.840 --> 01:23:38.280]  supposed to be wearing them anyway. The guy didn't have his body camera on. He put the body camera
[01:23:38.280 --> 01:23:43.480]  on. Then he tells my son, I'm going to go ahead and place you under arrest. My son said, for what?
[01:23:43.480 --> 01:23:48.040]  He said, well, we want to detain you so that we can search you. My son said, well,
[01:23:48.040 --> 01:23:54.200]  I don't want to be searched. I refuse search. I'm exerting my fourth amendment right and I'd
[01:23:54.200 --> 01:23:58.840]  like to proceed on. You're impeding my progress and I'm not doing anything wrong. I'm not walking
[01:23:58.840 --> 01:24:05.560]  in three, walking on the median. The guy puts him in the back seat, handcuffs him,
[01:24:05.560 --> 01:24:11.400]  puts him in the back seat, jumps to all his belongings out on the hood and finds this trash.
[01:24:11.400 --> 01:24:18.360]  My son said, yeah, I told you that I picked that up off the side of the road. It's a piece of trash.
[01:24:18.360 --> 01:24:22.680]  I didn't want somebody to step on it. I didn't know what it was. I just picked it up to throw it
[01:24:22.680 --> 01:24:28.840]  away. Cobb didn't believe his story. That's what they're saying is a weak case. What they told me
[01:24:28.840 --> 01:24:35.720]  today as well, they had your son mentally evaluate. I said, for what? He's got traumatic brain injury
[01:24:35.720 --> 01:24:42.440]  from being beaten up twice in your jail. I said he was beaten up the month before he showed up
[01:24:42.440 --> 01:24:50.040]  to your jail. It was admitted to Texoma Medical here in Denison, Texas. I said they thought he
[01:24:50.040 --> 01:24:57.160]  was going to die. He was put in ICU for two days and then released out to me. I said so he had
[01:24:57.160 --> 01:25:03.160]  three traumatic brain injuries in 24 days and two of them were because y'all put him in jail
[01:25:03.160 --> 01:25:10.200]  because you smelled something that you thought was marijuana or had THC in it and you don't have
[01:25:10.200 --> 01:25:16.600]  any way of testing this. So this is a nightmare. I think they're trying to railroad him back to
[01:25:16.600 --> 01:25:22.600]  Wichita Falls, which they've done this twice to my son. They've sent him off to Wichita Falls.
[01:25:23.400 --> 01:25:27.960]  It's taking us... Okay, hold on. Hold on. I'm trying to get him out. Yes, sir.
[01:25:27.960 --> 01:25:37.960]  That part we can't help you with, but due process we can. You need to craft some information requests.
[01:25:39.640 --> 01:25:45.800]  Send me an email. Ask me for some information requests. I will send you a copy of some that
[01:25:45.800 --> 01:25:56.200]  we've sent in. They're a little cryptic and the custodians may have a little problem
[01:25:56.200 --> 01:26:02.200]  figuring them out, but that's their problem, not your problem. Under the Texas Code of Criminal
[01:26:02.200 --> 01:26:09.320]  Procedure when someone's arrested, the officer under 1406 is required to take the person directly
[01:26:09.320 --> 01:26:15.720]  to the nearest magistrate unless he's arrested under warrant, in which case 15.17 requires him
[01:26:15.720 --> 01:26:21.480]  to take him to the nearest magistrate. They didn't do that. If they take him to the magistrate,
[01:26:21.480 --> 01:26:31.400]  the magistrate is to hold an examining trial under Chapter 16, and after the examining trial under
[01:26:31.400 --> 01:26:37.880]  16.17, the judge is to issue an order stating whether the person was released at their liberty,
[01:26:37.880 --> 01:26:47.320]  meaning they found no probable cause. He was set, released on bail or remanded to the court, to the
[01:26:47.320 --> 01:26:59.640]  jail, and he's to issue this an order under 16.17. The code says if an order under 16.17 is not
[01:27:00.440 --> 01:27:07.640]  filed in the court within 48 hours, the accused has a right to dismissal. Okay.
[01:27:08.920 --> 01:27:13.640]  If he finds probable cause, he's also to issue a warrant, and it is the warrant
[01:27:13.640 --> 01:27:21.320]  that gives the trial court the power to hold him and the, and jurisdiction over the case.
[01:27:22.600 --> 01:27:30.600]  So you want to see all documents collected, assembled by the maintenance, maintained by the
[01:27:30.600 --> 01:27:37.800]  department for a period, a couple of days before your son's arrest, a couple of days after your
[01:27:37.800 --> 01:27:48.440]  son's arrest, that are specifically referenced by Article 16.17, 16.20, Texas Code of Criminal
[01:27:48.440 --> 01:27:55.480]  Procedure. Since they did not take him to a magistrate, they're not going to have that.
[01:27:58.040 --> 01:28:02.920]  Then you tell your lawyer to petition for dismissal under 16.17,
[01:28:02.920 --> 01:28:10.120]  and when he doesn't, then you bar grieve the lawyer. And if he still doesn't,
[01:28:10.120 --> 01:28:17.400]  you file a malpractice suit against him. And when he moves the court to withdraw,
[01:28:17.960 --> 01:28:23.240]  you object to the court telling the court that he's under contract. So what the last
[01:28:23.240 --> 01:28:29.080]  lawyer I had did, they appointed me one just to try to get me under control.
[01:28:29.080 --> 01:28:41.000]  They dismissed that case to protect my lawyer from me because I told him that I had 17 issues
[01:28:41.000 --> 01:28:48.040]  before the court. You will adequately adjudicate every single one of them. Well,
[01:28:48.040 --> 01:28:52.120]  when it started out, they appointed him and he, he, we sat down in the room and he's telling
[01:28:52.120 --> 01:28:56.040]  them, this is how things are going to go. And I let him run on a while and stopped him. No,
[01:28:56.040 --> 01:28:59.640]  no, no, that's not how they're going to go. Well, then how are they going to go,
[01:28:59.640 --> 01:29:02.280]  Mr. Kelton? This is how they're going to go. You're going to go to the judge
[01:29:02.280 --> 01:29:07.480]  and ask the judge to remove you from this case. And the judge will remove you from the case. He
[01:29:07.480 --> 01:29:12.120]  said, yes, he will. And then I get to sue the judge for interfering with the private,
[01:29:12.120 --> 01:29:16.360]  now I'm going to object to it and the judge will remove you. And he said, yes, he would,
[01:29:16.360 --> 01:29:21.800]  then I'm going to sue the judge for interfering with the private contract. And the lawyer said,
[01:29:21.800 --> 01:29:26.120]  well, I'm not under contract with you, Mr. Kelton. I'm under contract with the state.
[01:29:26.120 --> 01:29:33.000]  Said, yes, you are. But I'm the intended third party beneficiary. Therefore, I have standing
[01:29:33.000 --> 01:29:37.000]  under the contract. But the judge will remove you from the case. And he said, yes, he would.
[01:29:37.720 --> 01:29:43.000]  Then I get to sue the judge for interfering with the private contract. The lawyer sat there and
[01:29:43.000 --> 01:29:47.640]  looked at me with this look on his face. It said, you're going to get me this barred.
[01:29:47.640 --> 01:29:55.320]  He told me that if he told me once, he told me 20 times in the course of the case that I was
[01:29:55.320 --> 01:29:59.320]  going to get him disbarred. Then we're about to go to break.
[01:30:01.320 --> 01:30:07.160]  A top cybersecurity expert has a warning for America. If you build an electrical smart grid,
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[01:31:15.000 --> 01:31:20.600]  I'd want to pose smart meters for privacy and health reasons, but catastrophic failures caused
[01:31:20.600 --> 01:31:26.600]  by hackers? There's nothing smart about that. Like Dr. Catherine Albrecht for startpage.com,
[01:31:26.600 --> 01:31:35.000]  the world's most private search engine. This is Building 7, a 47-story skyscraper that fell
[01:31:35.000 --> 01:31:39.080]  on the afternoon of September 11. The government says that fire brought it down. However,
[01:31:39.080 --> 01:31:44.920]  1,500 architects and engineers concluded it was a controlled demolition. Over 6,000 of my fellow
[01:31:44.920 --> 01:31:49.160]  service members have given their lives and thousands of my fellow force respond to supply.
[01:31:49.160 --> 01:31:53.000]  I'm not a conspiracy theorist. I'm a structural engineer. I'm a New York City correctional.
[01:31:53.000 --> 01:31:58.280]  I'm an Air Force pilot. I'm a father who lost his son. We're Americans, and we deserve the truth.
[01:31:58.280 --> 01:32:01.000]  Go to RememberBuilding7.org today.
[01:32:02.680 --> 01:32:06.680]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar. In today's America,
[01:32:06.680 --> 01:32:10.520]  we live in an us-against-them society, and if we, the people, are ever going to have a free society,
[01:32:10.520 --> 01:32:14.600]  then we're going to have to stand and defend our own rights. Among those rights are the right to
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[01:33:29.240 --> 01:33:55.000]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio. But Ron, we have a whole
[01:33:55.000 --> 01:34:03.160]  methodology for going after them. First thing you do is hammer your lawyer. I was in court.
[01:34:04.040 --> 01:34:09.880]  I'm outside the bar. This is where a sheriff's deputy smashed me in, I mean, a DPS smashed
[01:34:09.880 --> 01:34:14.920]  me into a wall at the Secretary of State building after I called 911 on them and broke my tooth.
[01:34:16.200 --> 01:34:24.120]  And then they charged me to cover up for what he did. So we're in court. The judge, the prosecutor,
[01:34:24.120 --> 01:34:31.880]  and my lawyer is up against the bench and I'm outside the bar. My lawyer comes out and told me
[01:34:31.880 --> 01:34:36.920]  that the prosecutor said she knows who you are. And if you start filing criminal charges, she's
[01:34:36.920 --> 01:34:41.560]  going to charge you with tampering with a government document. And I looked over at her and said,
[01:34:41.560 --> 01:34:46.120]  she said that, did she? I said yes, she did. And I reached in my case and pulled out 30.
[01:34:46.920 --> 01:34:52.440]  I said, I got 30 of them here. I need her to verify these in accordance with her duty under
[01:34:52.440 --> 01:34:59.080]  Article 2.05 Code of Criminal Procedure. And I pointed at her and hollered out, you go here.
[01:34:59.080 --> 01:35:03.800]  And she scootched up against the bench like the judge would protect her or something.
[01:35:03.800 --> 01:35:08.680]  And I turned to my lawyer and I handed him to him. He held up both hands with his palms out.
[01:35:08.680 --> 01:35:11.960]  I'm not going to touch him. I'm not going to take her. Touch him. Take him, you chicken.
[01:35:13.640 --> 01:35:19.960]  And then the judge picked up the gavel and called a recess for lunch.
[01:35:19.960 --> 01:35:27.640]  Before I could get my burrito, my lawyer called me and he was ecstatic. The judge dismissed the case.
[01:35:31.880 --> 01:35:38.440]  I said, did he dismiss it with prejudice? Well, no. Will you get your butt back in there and get
[01:35:38.440 --> 01:35:42.600]  this thing back on? I don't want this thing hanging over my head for the next two years.
[01:35:42.600 --> 01:35:47.880]  Get in there and tell him, we object to you dismissing the case. Oh, Mr. Kelton,
[01:35:47.880 --> 01:35:54.920]  I think this was the first case he ever won. And I told him, oh, I was just pulling your leg.
[01:35:55.960 --> 01:36:00.840]  But the judge dismissed the case to protect my lawyer from me.
[01:36:02.920 --> 01:36:13.000]  That was an education. Your lawyer, going before the courts like sitting down at a
[01:36:13.000 --> 01:36:20.040]  four-sided chess board. You sit down at the table. Your lawyer is to your right, opposing counsel
[01:36:20.040 --> 01:36:26.600]  to your left, judge cross from you. You have a relationship with your lawyer. Your lawyer has
[01:36:26.600 --> 01:36:33.640]  a relationship with opposing counsel and the judge. And opposing counsel has a relationship with you
[01:36:33.640 --> 01:36:42.120]  and the judge. You're the odd man out. The way for you to win your case is to take control of
[01:36:42.120 --> 01:36:50.440]  that relationship. By threatening to bar grieve my lawyer, I had him terrified. I was going to ruin
[01:36:50.440 --> 01:36:55.640]  his career. And I know he went to the judge and prosecutors and said, look, guys, you've got to
[01:36:55.640 --> 01:37:00.760]  help me out here. This guy's going to end my career. He's going to bar grieve me into the stone age.
[01:37:01.560 --> 01:37:09.400]  So you take their relationships and use them to your advantage. The judge doesn't have to like you.
[01:37:09.400 --> 01:37:14.840]  Your lawyer doesn't have to like you. And the prosecutor doesn't have to like you.
[01:37:15.880 --> 01:37:19.240]  They're going to do the worst they can to you no matter what.
[01:37:21.240 --> 01:37:28.440]  The only way you can expect to win anything is to hammer them big time. So we start out with
[01:37:28.440 --> 01:37:34.520]  asking them questions they can't answer. When they can't answer this question, when they can't
[01:37:34.520 --> 01:37:44.760]  produce this 16-17 order, then we'll show you how to we'll help you craft the document and a motion
[01:37:44.760 --> 01:37:51.320]  to dismiss for lack of subject matter jurisdiction because the court never got jurisdiction and a
[01:37:51.320 --> 01:38:02.040]  motion to dismiss under 16.17 as you have a right to dismissal. Your lawyer will not want to give
[01:38:02.040 --> 01:38:08.680]  that to the judge and you can say, knock yourself out. I'll bar grieve you for each one of them.
[01:38:10.120 --> 01:38:16.200]  And if you try to withdraw, I'll object to the withdrawal. You can't talk to your son. That's
[01:38:16.200 --> 01:38:23.800]  a disadvantage, but you can write him a letter. Explain to him how to handle these guys.
[01:38:23.800 --> 01:38:34.360]  Then they will eventually they'll make a deal. You know, here they're claiming drugs. I just
[01:38:34.360 --> 01:38:43.240]  talked to the chief of police for the town I live in recently. And he was telling me about
[01:38:43.240 --> 01:39:00.120]  the how they tell how much to charge you with for any control substance. He said, if you have a
[01:39:00.120 --> 01:39:14.760]  container here and it's you, you were working with T.C.O.P. oil and T.C.P. and you touch this
[01:39:14.760 --> 01:39:24.760]  container and put a trace on the container, they will lay the entire container and base their charge
[01:39:24.760 --> 01:39:32.360]  on the entire container, not what was actually in it. That's how they push these charges up so high.
[01:39:33.160 --> 01:39:38.680]  Then they come in and offer you a deal to lower all of this down. They charge him with two felonies.
[01:39:38.680 --> 01:39:44.440]  They'll come in and offer him a couple of misdemeanors and probation. And he'll take the misdemeanors
[01:39:44.440 --> 01:39:50.520]  and probation to not go down for two felonies, which they could never get a conviction on anyway.
[01:39:50.520 --> 01:39:55.480]  Is it two felonies or is it a felony of a second degree?
[01:39:57.080 --> 01:40:01.240]  It says degree second degree felony count one possession.
[01:40:02.920 --> 01:40:05.880]  But you said, I think you said they had three counts against him.
[01:40:07.480 --> 01:40:11.240]  Well, they told me that they had five different charges against him,
[01:40:11.240 --> 01:40:16.680]  that one was resisting arrest, one was terroristic threat to the officer. And then they said that
[01:40:16.680 --> 01:40:22.120]  he made a terroristic threat against the judge. And I said, well, somebody told my son that this
[01:40:22.120 --> 01:40:27.240]  judge is a pedophile. And they were like, oh, no, he wouldn't be a judge if he was a pedophile.
[01:40:27.240 --> 01:40:31.880]  And I was like, well, there's plenty of cases of that. And I said, I'm not.
[01:40:31.880 --> 01:40:37.800]  That's all besides the point. They're trying to steer everything in a different direction.
[01:40:37.800 --> 01:40:42.520]  It has nothing to do with that. Let's see, make them tell you what is the
[01:40:42.520 --> 01:40:49.480]  chapter inverse of the supposed violation? Is it a penal code thing? This looks to me like
[01:40:49.480 --> 01:40:57.560]  it's a health and safety code. I found a section 481, 115, subsection D,
[01:40:57.560 --> 01:41:04.520]  sounds more or less like what you were describing. And if it is that one, it says at the top,
[01:41:04.520 --> 01:41:12.360]  except as authorized by this chapter, a person commits an offense if the person knowingly
[01:41:13.080 --> 01:41:19.160]  or intentionally possesses a controlled substance listed in penalty group one.
[01:41:19.960 --> 01:41:25.560]  Unless the person obtained the substance directly from or under a valid prescription
[01:41:25.560 --> 01:41:29.880]  or order of a practitioner acting in the course of professional practice.
[01:41:29.880 --> 01:41:35.640]  So there's about obtained different exit ramps from a problem here.
[01:41:36.680 --> 01:41:43.480]  It says here, Christian here and after called the defendant, did, then and there intentionally
[01:41:43.480 --> 01:41:50.280]  or knowingly possess a controlled substance, namely Tetrahydrocannibinol other than marijuana
[01:41:50.280 --> 01:41:57.240]  in an amount of four grams or more, but less than 400 grams. And what they found was
[01:41:57.240 --> 01:42:02.680]  some melted gummy bears in a tube. I asked them, how do you know what they are? And they said,
[01:42:02.680 --> 01:42:08.120]  you can't tell the difference. We just smell them. I said, oh, you're professionals at smelling.
[01:42:08.120 --> 01:42:13.640]  They didn't like that. Okay. But that's not in the code. The code says unless the person,
[01:42:13.640 --> 01:42:20.120]  it's a problem, unless the person obtained it directly from or under a valid prescription
[01:42:20.120 --> 01:42:27.800]  or order of a practitioner. So did they state in their affidavit there or sworn complaint?
[01:42:27.800 --> 01:42:33.880]  Did they state that the person didn't, that your son did not obtain this substance
[01:42:34.920 --> 01:42:41.080]  directly from the practitioner? No. Did they say anything about a prescription?
[01:42:42.360 --> 01:42:47.720]  No. Well, we're not winning. A valid complaint based on 1504 code of criminal procedure.
[01:42:47.720 --> 01:42:55.720]  Yeah. And it's also invalid because they didn't state that he was in possession of a controlled
[01:42:55.720 --> 01:43:04.920]  substance. I thought that they did say that part. They said he was in possession of a controlled
[01:43:04.920 --> 01:43:13.800]  substance other than THP and other than something else. Tetrahydrocannibinol other than marijuana.
[01:43:13.800 --> 01:43:19.320]  That's what they're saying. Okay. Wait. Read that again.
[01:43:20.520 --> 01:43:26.040]  Okay. It says that the defendant did then and they're intentionally or knowingly possess the
[01:43:26.040 --> 01:43:31.880]  controlled substance, mainly Tetrahydrocannibinol other than marijuana in an amount of four
[01:43:31.880 --> 01:43:44.680]  grams or more or more, but less than 400 grams. Okay. What is Tetra-Inhibinol other than marijuana?
[01:43:44.680 --> 01:43:52.520]  Oil. Yeah. They're saying it's THC oil and they can't prove that. Okay. Hang on. Hang on. We'll be right back.
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[01:46:54.440 --> 01:47:10.360]  Into the city they will shuffle. Many long nights, many strong thrills.
[01:47:10.360 --> 01:47:28.280]  Land of comfort, land of scuffle. It's hard to lose, and it's hard to hold.
[01:47:28.280 --> 01:47:31.960]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio,
[01:47:31.960 --> 01:47:40.360]  and Brett Fountain did some research over the break. Brett, will you go to what you found?
[01:47:40.360 --> 01:47:46.520]  Well, in the Code of Criminal Procedure, this is where we find about what's necessary, the
[01:47:46.520 --> 01:47:52.040]  requisites of a complaint, the requisites of the indictment that is based on that complaint.
[01:47:52.840 --> 01:47:58.760]  So somebody's got to swear out a complaint against your son, and they need to say all
[01:47:58.760 --> 01:48:04.840]  of these things that they have to specify what is the offense against the state law, this and that.
[01:48:05.640 --> 01:48:12.520]  Now, they've kind of hinted at it. They've put in some of the pieces of that language,
[01:48:12.520 --> 01:48:20.440]  but they didn't say what the offense was. And something cryptic like a CS4G greater than,
[01:48:20.440 --> 01:48:29.560]  that's not an offense. They had to say what the offense is. So that's 15.04. And you can see,
[01:48:29.560 --> 01:48:37.720]  I think it was also 1505 subsection two says it must show that the accused has committed
[01:48:37.720 --> 01:48:44.680]  some offense against the laws of this state. And so forth, we've also got 1502
[01:48:44.680 --> 01:48:53.560]  that also said the same thing in its subsection two that shows which is the law,
[01:48:54.200 --> 01:48:58.280]  the offense against the laws of the state and has to name it.
[01:49:00.600 --> 01:49:05.240]  That would be, if there would be a warrant, sorry, 1502, there was no warrant. This was an
[01:49:05.240 --> 01:49:13.720]  onsite. Never mind about 1502. The 1504 and 1505 are important to take a look at. Those are the
[01:49:13.720 --> 01:49:20.040]  basis of the indictment. This is the sworn complaint. Now, the indictment, you'll find that in Chapter
[01:49:20.040 --> 01:49:29.480]  21 of the Code of Criminal Procedures. And they have to describe, this is, it's pretty clear,
[01:49:29.480 --> 01:49:35.880]  it goes throughout, it's a long, I can't read it all here, but you'll see it's Chapter 21,
[01:49:35.880 --> 01:49:44.360]  talks about the indictment. It has to be 2120, I believe it is, that tells us that the information,
[01:49:45.000 --> 01:49:54.120]  let's see, all the requisites of the information, 21.22 says that the information is based on the
[01:49:54.120 --> 01:50:04.120]  complaint. The rules as to indictment apply to information, the certainty, they have to be able
[01:50:04.120 --> 01:50:11.720]  to say in their accusation of your son, they have to say that they have to negate everything that
[01:50:11.720 --> 01:50:20.360]  would be his out. So, he didn't have a prescription. He got this from a drug dealer. He didn't get this
[01:50:20.360 --> 01:50:26.280]  directly from a practitioner. All these things that the law says would be an offense if he did
[01:50:26.280 --> 01:50:35.960]  this unless, they have to negate those unlesses or else it can't go to court. Yeah, but you can't,
[01:50:35.960 --> 01:50:43.960]  if you do not object to the sufficiency of an indictment before trial, you waive the objection.
[01:50:43.960 --> 01:50:50.440]  Right. Before trial, object to efficiency?
[01:50:50.440 --> 01:50:58.760]  Sufficiency, but it's not sufficient. This goes to constitutional requirement for nature and cause.
[01:50:59.480 --> 01:51:07.080]  You have to be given sufficient information so that you mentioned, Brett, earlier about
[01:51:07.080 --> 01:51:15.800]  you can plead double jeopardy. So, you need to have it specific enough so you will know that if you
[01:51:15.800 --> 01:51:21.400]  have been charged with this same thing before. You don't know what your son doesn't know what
[01:51:21.400 --> 01:51:29.960]  he's charged with. He's charged with a substance that may or may not be criminal to have.
[01:51:31.560 --> 01:51:40.840]  Right. They don't either. They don't say it's specify what substance it is and what specific
[01:51:40.840 --> 01:51:49.800]  statute it violates. So, the complaint is insufficient on its face. I see.
[01:51:51.960 --> 01:52:01.480]  So, we will, we need to get more information about what actually went on. Send us, send me that
[01:52:03.320 --> 01:52:09.400]  document that you have. See if you can get a copy made of it because what you sent me on the phone,
[01:52:09.400 --> 01:52:15.800]  I couldn't read and I couldn't download it. Is there a stamp on that document that was stamped
[01:52:15.800 --> 01:52:22.200]  by, filed for record by Kerry Ashmore for the court, but it wasn't by, it wasn't stamped till
[01:52:22.200 --> 01:52:28.200]  August 5th and he was arrested on August 1st and beaten up in jail the first day.
[01:52:29.640 --> 01:52:37.000]  Wow. They beat him bloody and broke his, his face was already broken from being beat up
[01:52:37.000 --> 01:52:42.040]  days before that and when I went to get to go see him, both of his eyes were black.
[01:52:42.040 --> 01:52:46.200]  Okay. Okay. Wait a minute. Wait a minute. I have been arrested a number of times.
[01:52:47.480 --> 01:52:51.800]  Yes. I've never been beat up in jail. Why is your son getting beat up in jail?
[01:52:52.680 --> 01:52:58.920]  So, he said the inmates attacked him in jail. He said, he got cornered. The second time he got
[01:52:59.480 --> 01:53:04.120]  beat up, he said he was sitting on the top bunk. He got off the top bunk to try to walk out of the
[01:53:04.120 --> 01:53:11.960]  jail. A guy walked in and blocked his access out of the jail. No, no, no. I got that part. But why?
[01:53:12.680 --> 01:53:15.320]  What did he do to get these guys to want to beat him up?
[01:53:16.280 --> 01:53:20.920]  I don't know. Maybe he'd be, he was pacing or talking. I don't know if he didn't tell me.
[01:53:20.920 --> 01:53:23.560]  He said, I didn't do anything. They just beat the hell out of him.
[01:53:23.560 --> 01:53:29.080]  Yeah. I've been in jail several times, you know, with what I do. That guy was just arrested last
[01:53:29.080 --> 01:53:37.240]  month, or month before last October. Never have I had anybody even say a crossword.
[01:53:38.600 --> 01:53:43.800]  So, for him getting beat up twice in jail, does everybody who goes to this jail get beat up?
[01:53:44.920 --> 01:53:49.640]  Well, that's what, yeah, let me just say that. When I was there at the bondsman's office waiting
[01:53:49.640 --> 01:53:55.080]  for them to be released, they brought somebody out with a headband of John that looked,
[01:53:55.080 --> 01:53:59.720]  they were carrying that person out in a robe to take him to a hospital.
[01:54:00.360 --> 01:54:08.280]  You need to do a request for all of the people taken from the jail to hospital or for medical
[01:54:08.280 --> 01:54:17.240]  treatment. Wow. You want, you need leverage. So, if a lot of people are getting beat up in the
[01:54:17.240 --> 01:54:21.080]  jail, then there's a problem with the jail that gives you a claim against the jail. So,
[01:54:21.080 --> 01:54:25.560]  you want to start asking questions that'll indicate you're preparing a suit against the jail.
[01:54:27.560 --> 01:54:34.040]  And you need to get leverage. You need to give them a reason to want your son to go away and
[01:54:34.040 --> 01:54:40.600]  not give them problems. So, start doing. If they had insurance, and they said, what do you mean?
[01:54:40.600 --> 01:54:45.800]  I said, do you have insurance on your inmate? They said, we don't carry insurance on our inmate.
[01:54:45.800 --> 01:54:50.280]  I said, by law, you're supposed to protect your inmate. You're not supposed to let them get
[01:54:50.280 --> 01:54:55.000]  nearly beaten to death. And they said, well, we don't have insurance. We don't have that here in
[01:54:55.000 --> 01:55:00.040]  Grayson County because I had another attorney trying to help me with this. And she said,
[01:55:00.040 --> 01:55:03.960]  do you need to get their insurance? Ask for their insurance rider because you're going to sue them
[01:55:03.960 --> 01:55:11.320]  for damage to your son. I mean, they'd be the hell out of it. Okay. Okay. I got that. But
[01:55:11.320 --> 01:55:19.960]  we set this up. You can do pre litigation discovery. But your son would have to do it.
[01:55:21.640 --> 01:55:30.040]  Okay. And you don't have standing unless you were appointed guardian ad litem. And if he's been,
[01:55:31.560 --> 01:55:36.440]  he was evaluated. Was he found competent?
[01:55:36.440 --> 01:55:43.480]  They said that hasn't come back yet. And it was a psychiatrist that did this. I said, well,
[01:55:43.480 --> 01:55:49.880]  he doesn't have the mental issues that way. He was beaten up. And they were like,
[01:55:49.880 --> 01:55:53.320]  you need to go to the DA's office. They kept trying to point me out of that,
[01:55:53.320 --> 01:55:58.120]  out of the sheriff's office or out of their district deterrent. This is confusing because
[01:55:58.120 --> 01:56:07.960]  there's two offices. Okay. We'll file criminal charges against the head jailer. And look at
[01:56:07.960 --> 01:56:14.360]  T. Cole complaints. You start filing T. Cole complaints against the jailers and the head jailer.
[01:56:15.400 --> 01:56:20.840]  That does the same thing to a peace officer that a bar grievance does to a lawyer,
[01:56:21.960 --> 01:56:26.440]  except it takes more complaints against peace officers. It only takes six
[01:56:26.440 --> 01:56:34.760]  to make them unemployable. So every time my son, let me say this, my son has been filing grievances
[01:56:34.760 --> 01:56:40.280]  in there. They've kept his glasses from him. He wears glasses. He said, Dad, I can't see.
[01:56:40.280 --> 01:56:45.480]  They won't give him in my glasses so that I can even review my case. And he goes, I've been trying
[01:56:45.480 --> 01:56:50.760]  to file grievances. And he goes, I filed grievances for them abuse. Okay. You file grievances.
[01:56:50.760 --> 01:56:57.960]  They don't have a claim against you. You file a grievance accusing them of retaliation.
[01:56:59.400 --> 01:57:06.200]  Okay. That's, we're going to run out of time here. You sent me a timeline that was essentially
[01:57:06.200 --> 01:57:15.560]  worthless. It just said a bunch of stuff, no dates and general claims I need specifically.
[01:57:15.560 --> 01:57:20.600]  This happened on this day. This happened on this date. Everything needs to be dated so I can
[01:57:20.600 --> 01:57:27.720]  organize it chronologically. We do the timeline, give me specifics so we know how to craft claims.
[01:57:29.560 --> 01:57:37.080]  Okay. Well, there is dates there from 2008 right on up through 2010. Okay. Right on. What I saw just
[01:57:37.080 --> 01:57:42.440]  said they did this, they did this, they did this, they did this, they did this, they did this. No dates
[01:57:42.440 --> 01:57:49.640]  and just generally what they did with no details. They mistreated me. They didn't do the right thing
[01:57:49.640 --> 01:57:55.880]  here. They did the wrong thing here. That's not helpful. We need specifics. What did they actually
[01:57:55.880 --> 01:58:02.360]  do in each case and put dates on it so we have everything in chronological order?
[01:58:03.640 --> 01:58:10.040]  Okay. I'll try to do my best. It's been 12 years and I, you know, I don't have all my legal papers.
[01:58:10.040 --> 01:58:15.880]  Wait a minute. Wait a minute. 12 years. I've been going through this for 12 years. Yes, sir.
[01:58:15.880 --> 01:58:22.520]  Not since my son was arrested, in other words, for the state that I just went through and
[01:58:22.520 --> 01:58:29.400]  everything else. Separate those out into different issues. Do not gain them together. Do one for
[01:58:29.400 --> 01:58:37.160]  your son, one for the inheritance, the probate issue. We are out of time. We'll be back next week.
[01:58:37.160 --> 01:58:46.440]  Thank you all for listening. It's a little bit of our radio and good night.
[01:59:37.160 --> 01:59:48.920]  888-551-0102. That's 888-551-0102 or visit us online at bfa.org.
[01:59:48.920 --> 02:00:06.360]  888-551-0102. That's 888-551-0102 or visit us online at bfa.org.