ROL_2020-12-17_16k.timecode

[00:00.000 --> 00:06.760]  The following news flash is brought to you by the Lone Star Lowdown.
[00:06.760 --> 00:13.320]  Markets for Monday 22 July 2019 open with precious metals, gold $1,429 an ounce, silver
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[00:41.560 --> 00:52.440]  Today in history, the year 1916, the preparedness day bombing, a time suitcase bomb, was detonated
[00:52.440 --> 00:57.760]  on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[00:57.760 --> 01:04.760]  the 10 and injuring 40.
[01:04.760 --> 01:09.440]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hemp into
[01:09.440 --> 01:14.240]  Texas law back in June, county prosecutors around the state, including Houston, Austin,
[01:14.240 --> 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 --> 01:24.720]  equipment to test the herb for THC.
[01:24.720 --> 01:28.440]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.440 --> 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 --> 01:37.600]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.600 --> 01:42.080]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.080 --> 01:48.240]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.240 --> 01:51.200]  well as other cities too, like the District Attorney.
[01:51.200 --> 01:57.360]  In El Paso, Kyma Esparza, a Democrat who also stated earlier this month that the law, quote,
[01:57.360 --> 02:01.840]  will not have an effect on the prosecution of marijuana cases in El Paso.
[02:01.840 --> 02:06.760]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.760 --> 02:10.760]  in Harris County, who stated that, quote, the law is constantly changing on what makes
[02:10.760 --> 02:13.480]  something illegal based on its chemical makeup.
[02:13.480 --> 02:17.360]  It's important that if someone is charged with something, the test matches what they're
[02:17.360 --> 02:22.560]  charged with.
[02:22.560 --> 02:27.200]  A paper by Tulane University identified a five-and-a-half-inch American pocket shark
[02:27.200 --> 02:32.360]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.360 --> 02:38.000]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.000 --> 02:39.480]  Pacific Ocean.
[02:39.480 --> 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 --> 03:17.600]  flow.
[03:17.600 --> 03:26.600]  Tell me, what you gonna do, what you gonna do, yeah
[03:26.600 --> 03:32.600]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[03:32.600 --> 03:37.600]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[03:37.600 --> 03:43.600]  When you were eight and you had bad dreams, you'd go to school and earn the gold and lose
[03:43.600 --> 03:48.600]  So why are you acting like a bloody fool, if you're getting caught, then you're much just cool
[03:48.600 --> 03:53.600]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[03:53.600 --> 03:56.600]  Okay, okay, the bad boys are back
[03:56.600 --> 04:05.600]  Randy Kelton, Brett Fountain, rule of law radio on this Thursday, the 17th day of December 2020
[04:05.600 --> 04:08.600]  And I am turning on the phone lines
[04:08.600 --> 04:16.600]  So if you have a question or comment, give us a call, 512-646-1984
[04:16.600 --> 04:18.600]  We'll be taking your calls all night
[04:18.600 --> 04:26.600]  We don't have any guests, so I want to start out talking about what's going on in Wise County
[04:26.600 --> 04:31.600]  I've been setting the stage
[04:31.600 --> 04:35.600]  I did have some disturbing news, one of the judges passed away
[04:35.600 --> 04:39.600]  I kind of braced my heart because I really like this guy
[04:39.600 --> 04:44.600]  But one of the ones I had just filed criminal charges against
[04:44.600 --> 04:47.600]  I filed against the governor
[04:47.600 --> 04:55.600]  And with the Travis County Grand Jury, and I think everybody's heard, that I kind of ran into a perfect storm
[04:55.600 --> 05:03.600]  Where I had a lame duck Democrat, the district attorney who lost the primary
[05:03.600 --> 05:08.600]  But then, another Democrat is coming in behind her
[05:08.600 --> 05:13.600]  And this guy used to be a public defender
[05:13.600 --> 05:18.600]  And I was looking at his platform
[05:18.600 --> 05:28.600]  And he is very much for the, you know, he's named Garza, I suppose he's Mexican
[05:28.600 --> 05:39.600]  And he's worked with the poor people, so he ran on a platform of bringing justice
[05:39.600 --> 05:44.600]  And fixing the broken legal system
[05:44.600 --> 05:48.600]  So that was very good to hear, I'm going to want to get a hold of him
[05:48.600 --> 05:55.600]  Because it will be his administration that presents the governor to the grand jury
[05:55.600 --> 06:03.600]  And I want to indicate to him what I'm really doing, I don't care about the governor
[06:03.600 --> 06:09.600]  Yeah, I filed a bunch of criminal charges against him, but I just used him as a crash dummy
[06:09.600 --> 06:13.600]  To get to my real issue, which everyone who listens to the show knows
[06:13.600 --> 06:18.600]  My real issue has always been examining trials
[06:18.600 --> 06:28.600]  It is my consideration that when states stopped doing preliminary hearings or examining trials
[06:28.600 --> 06:34.600]  And most states is called preliminary hearing, and Texas is called an examining trial
[06:34.600 --> 06:42.600]  But when states stopped doing that, that's when we started having this problem with mass incarceration
[06:42.600 --> 06:45.600]  And it's subtle how this happened
[06:45.600 --> 06:52.600]  We had the, I'll speak directly to Texas because I know Texas is all better than the other states
[06:52.600 --> 07:02.600]  In Texas, the legislature in his wisdom decided that since we have learned counsel in public employee
[07:02.600 --> 07:11.600]  In the form of a prosecuting attorney, it would be a good idea and economic good sense
[07:11.600 --> 07:17.600]  To have the prosecutor give legal advice to the police in the lower courts
[07:17.600 --> 07:23.600]  Well, it wasn't a good idea, it was a horrible idea
[07:23.600 --> 07:31.600]  Do you really expect the prosecuting attorney to advise the police in the lower courts
[07:31.600 --> 07:38.600]  In practices and procedures that will make his life a living hell
[07:38.600 --> 07:46.600]  I'm not saying these prosecutors developed these practices and procedures maliciously
[07:46.600 --> 07:54.600]  I'm saying through a series of seemingly minor adjustments toward administrative convenience
[07:54.600 --> 08:03.600]  And adjudicative expediency, over a period of time, they made these minor adjustments
[08:03.600 --> 08:09.600]  And nobody raised a red flag, so they made more adjustments
[08:09.600 --> 08:19.600]  Until they reached a point to where the code doesn't even vaguely resemble the practice
[08:19.600 --> 08:24.600]  When I first started researching back in late 70s, early 80s
[08:24.600 --> 08:29.600]  When I was spent the night in jail for driving with a headlight out
[08:29.600 --> 08:34.600]  I got out the next day and it didn't seem right that I'd spent the night in jail for driving
[08:34.600 --> 08:41.600]  Because one of my headlights went out and I'm driving a truck, I couldn't tell
[08:41.600 --> 08:44.600]  But I spent the night in jail for that
[08:44.600 --> 08:49.600]  So I got out the penal code and the code of criminal procedure and I read them
[08:49.600 --> 08:55.600]  Then I looked at the practice and I thought, have I stepped through the looking glass
[08:55.600 --> 08:57.600]  Well, you know, it wasn't right
[08:57.600 --> 09:01.600]  Yeah, and it took about 15 years of research to find what I missed
[09:01.600 --> 09:04.600]  And it turned out I didn't miss a thing
[09:04.600 --> 09:08.600]  The code said exactly what it said
[09:08.600 --> 09:12.600]  They were forbidden to take me directly to jail, it's right there in the code
[09:12.600 --> 09:15.600]  They were to take me directly to the nearest magistrate
[09:15.600 --> 09:20.600]  And the magistrate was not to hold a magistration
[09:20.600 --> 09:24.600]  The magistrate was to hold an examining trial
[09:24.600 --> 09:29.600]  And after the examining trial, the judge was to make a determination
[09:29.600 --> 09:36.600]  As to whether or not probable cause existed to believe that a crime had been committed
[09:36.600 --> 09:39.600]  And that I had committed that crime
[09:39.600 --> 09:48.600]  And then the judge was to issue an order to whatever effect the judge found
[09:48.600 --> 09:57.600]  And then the judge, if the judge found probable cause, the judge was to issue a warrant
[09:57.600 --> 10:01.600]  He was to issue an order under 16.17
[10:01.600 --> 10:08.600]  Then he or she was to issue a warrant under 16.20
[10:08.600 --> 10:11.600]  Texas Code of Criminal Procedure
[10:11.600 --> 10:14.600]  Texas Code of Criminal Procedure, exactly
[10:14.600 --> 10:29.600]  And the magistrate had jurisdiction based on the making of a criminal accusation by a credible person
[10:29.600 --> 10:34.600]  Not a peace officer, doesn't say anything about peace officers
[10:34.600 --> 10:38.600]  Excuse me, excuse me, excuse me, incredible person
[10:38.600 --> 10:45.600]  A credible person, as anyone over the age of majority, 18, never convicted of a felony
[10:45.600 --> 10:51.600]  So the peace officer generally fit that description
[10:51.600 --> 10:58.600]  But so do most every citizen over the age of 18
[10:58.600 --> 11:04.600]  The best majority, some of them were convicted of felonies, but not many
[11:04.600 --> 11:11.600]  So anyone can file the complaint, and when that complaint is filed with a magistrate, the magistrate has jurisdiction
[11:11.600 --> 11:17.600]  For the purpose of a preliminary hearing, or in Texas, is called an examining trial
[11:17.600 --> 11:25.600]  And that examining trial is required, well, the magistrate and all judges
[11:25.600 --> 11:27.600]  All judges are magistrates
[11:27.600 --> 11:36.600]  And they are all made conservators of the peace for the entire state
[11:36.600 --> 11:45.600]  By Article 5, Section 15, I believe, of the Texas Constitution
[11:45.600 --> 11:52.600]  And then Article 2.09-11 of the Texas Code of Criminal Procedure
[11:52.600 --> 11:56.600]  2.09, who are magistrates?
[11:56.600 --> 12:03.600]  It lists all of the people who are magistrates. It starts out with justices of the Supreme Court
[12:03.600 --> 12:11.600]  The judges of the Court of Criminal Appeals, judges of the Court of Appeals, district judges, county judges
[12:11.600 --> 12:19.600]  And then it's got a whole big section of special officers that are also magistrates
[12:19.600 --> 12:25.600]  Big convoluted section, but essentially everyone who is a judge is absolutely a magistrate
[12:25.600 --> 12:40.600]  And then 2.10 orders the judge to keep the peace and bring all criminals to justice
[12:40.600 --> 12:47.600]  And 2.11 defines the act of a magistrate sits for the purpose
[12:47.600 --> 12:56.600]  When a magistrate sits for the purpose of examining into a criminal act of usation, that is an examining court
[12:56.600 --> 13:06.600]  The rules for an examining court are codified into Chapter 16, Texas Code of Criminal Procedure
[13:06.600 --> 13:11.600]  And that is called an examining trial
[13:11.600 --> 13:16.600]  The magistrate has jurisdiction to hold an examining trial
[13:16.600 --> 13:31.600]  When the magistrate at that examining trial issues an order finding probable cause under 1670 and a warrant under 1620
[13:31.600 --> 13:37.600]  Then the magistrate is ordered to seal all documents had in the hearing
[13:37.600 --> 13:51.600]  Cause his name to be written across the seal of the envelope and forwarded to the clerk of the court of jurisdiction under Article 17.30, Texas Code of Criminal Procedure
[13:51.600 --> 13:58.600]  Just to be clear, all of this stuff you're talking about is the stuff that he skipped, right?
[13:58.600 --> 14:05.600]  We don't see this happening anywhere. They skip right on past it to the part where they want to bang the gavel and call you guilty
[14:05.600 --> 14:16.600]  Exactly. I put in information requests, Brett put in information requests, and we've got some interesting stuff out of the county that I live in
[14:16.600 --> 14:27.600]  Let me take a step back. I just stepped ahead of myself. I filed criminal charges against the governor with the Travis County District Attorney
[14:27.600 --> 14:38.600]  I also filed criminal charges against the governor, the same criminal charges, with the Chief Justice of the Supreme Court
[14:38.600 --> 14:54.600]  Since I was filing against the highest level official in the executive branch, it seems appropriate that I file it with the highest level magistrate in the state of Texas
[14:54.600 --> 14:58.600]  Which was Chief Justice of the Supreme
[14:58.600 --> 15:07.600]  The reason I filed with the Chief Justice of the Supreme was to accord Governor Abbott due process
[15:07.600 --> 15:16.600]  I spent a lot of time crafting a very large criminal affidavit against the governor
[15:16.600 --> 15:24.600]  And that was going to the grand jury. The governor has an absolute right to defend himself
[15:24.600 --> 15:35.600]  He has a due process right to enter exculpatory evidence that can then be presented to the grand jury as to why he should not be indicted
[15:35.600 --> 15:50.600]  And it was my duty to give notice of crime. It's not my duty to want the accused indicted. It's not my duty or my business to care
[15:50.600 --> 15:57.600]  It's the business of the grand jury. So I made my best argument
[15:57.600 --> 16:06.600]  And in order to accord due process to all parties, the governor had a right to an opportunity to make his best argument
[16:06.600 --> 16:10.600]  And he was denied that by the Chief Justice of the Supreme
[16:10.600 --> 16:17.600]  So I filed criminal charges against him with the presiding judge of the Court of Criminal Appeals
[16:17.600 --> 16:31.600]  Accusing him of official oppression by Ms. Fiesensen's office for failing to perform a duty he was required to perform and in the process denying the governor in the due course of the laws of the state of Texas
[16:31.600 --> 16:39.600]  And we'll get to how that leads me to Wise County when we come back on the other side
[16:39.600 --> 16:46.600]  I'm not after anyone. I never file complaints because I'm upset at someone
[16:46.600 --> 16:53.600]  I'm trying to get these people to follow the law the way it is written
[16:53.600 --> 17:19.600]  And we'll address that more on the other side. We'll be right back
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[18:00.600 --> 18:05.600]  Logos Radio Network welcomes a new show to our lineup for the new year
[18:05.600 --> 18:21.600]  Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. Central Time. Our goal is in accord with Matthew 516. Let your light so shine before men that they may see your good works and glorify your Father which is in Heaven.
[18:21.600 --> 18:34.600]  We wish to reflect God's light and be a blessing to all those with a hearing ear. Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed to provoke unto love and good works.
[18:34.600 --> 18:47.600]  Our verse by verse Bible studies will begin in the book of Matthew where we will discuss one chapter per week. Our topical Bible studies will vary each week and will explore sound doctrine as well as Christian character development.
[18:47.600 --> 19:00.600]  So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. starting January 8th for an inspiring and motivating discussion of the Scriptures
[19:00.600 --> 19:10.600]  You are listening to the Logos Radio Network. LogosRadioNetwork.com
[19:30.600 --> 19:56.600]  Okay, we are back. Randy Kelton, Brett Fountain, Rue de la Radio on this Thursday, the 17th day of December 2020. And we're talking about due process here.
[19:56.600 --> 20:07.600]  We're talking about how the system should work. In this case, according to the law, not just your idea of it, right?
[20:07.600 --> 20:25.600]  Yeah, according to color, I don't care about policy. I regularly tell public officials, as far as I'm concerned, you can use your policy for toilet paper to the degree that it does not specifically follow law.
[20:25.600 --> 20:36.600]  And that's what I'm about to demonstrate to Wise County. So I filed against the governor. I filed with the Chief Justice. I filed against the Chief Justice.
[20:36.600 --> 20:49.600]  And just a couple of days ago, I filed against the presiding judge of the Court of Criminal Appeals with a local justice of the peace.
[20:49.600 --> 21:13.600]  Now that local justice of the peace is going to do nothing with those. Unfortunately, I also filed against a county judge because the county judge refused to hold an examining trial on two sheriff's deputies that would not let me in the courthouse unless I wore a mask.
[21:13.600 --> 21:24.600]  And frankly, I really like this county judge. I've known him for 30 years and he has always been a polite, pleasant human being.
[21:24.600 --> 21:35.600]  He only ran out into the foyer of the courthouse and screamed at me once. And that's because I had pushed him over the edge.
[21:35.600 --> 21:49.600]  But generally, he was really a nice guy and a good judge, a good, fair judge. I filed against him and I didn't know that he had already passed away from heart condition.
[21:49.600 --> 22:10.600]  They said Covoid, but he also had a real bad heart. And I'm really, really, that was disappointing because I really like this guy. And it had nothing to do with the fact that I filed against him. It's better that I filed against someone that I have no animosity toward.
[22:10.600 --> 22:19.600]  If I'm really upset at someone or I have an axe to grind with someone, it delutes my credibility.
[22:19.600 --> 22:40.600]  The JP I filed with never had any kind of negative encounter with her at all. It's all technical. I wanted to be able to demonstrate that it's not just high levels of government that fail to follow law to protect one another.
[22:40.600 --> 22:53.600]  That this is a matter that goes from the very highest levels of government in Texas to the very lowest magistrates on the bottom from the magistrate.
[22:53.600 --> 23:12.600]  Since Judge Coop passed away and my complaint against him becomes moot, then I will take the complaints against this JP to a second county judge that we have in White House County who's kind of a jerk.
[23:12.600 --> 23:29.600]  And I will very much enjoy dragging him to Austin with me. So I'll take him to him and he will refuse to hear them because he's done that in the past. And he did that with a really bad attitude.
[23:29.600 --> 23:35.600]  And he was even more frustrated because I wasn't impressed with his attitude.
[23:35.600 --> 23:46.600]  Do you say who that was? His name is Judge Wren. He used to be a lawyer for a long time and then he got appointed as this county judge.
[23:46.600 --> 23:55.600]  And he's got himself an attitude. Well, I will have great fun with him. I'll have no compunction when I asked him to take my criminal complaints last time.
[23:55.600 --> 24:08.600]  He said, Mr. Kelton, you were in the wrong court. With all due respect, Your Honor, I am in the right court. Well, I'm not going to accept these complaints, Mr. Bailiff.
[24:08.600 --> 24:13.600]  Did you hear that? Yes, I did. You need to arrest this judge.
[24:13.600 --> 24:27.600]  Then he got real interesting, but the judge shut up at that point because he realized this is about to get dicey. And the bailiff refused and I left. And that wasn't, I wasn't ready for the fight at that time.
[24:27.600 --> 24:35.600]  So I let that be. I picked my fights careful. This time, I'm ready for the fight.
[24:35.600 --> 24:46.600]  So I will take my complaints to him. And if, in fact, he holds an examining trial, I will be horribly disappointed.
[24:46.600 --> 24:58.600]  He will ruin the whole thing. So that's a risk I take. But with this judge as arrogant as he is, I don't think that will be a problem.
[24:58.600 --> 25:11.600]  He's more interested in policy than law. So that will work well for me. Then I will take all of these complaints to the district judge who hates me.
[25:11.600 --> 25:22.600]  And I'm not saying he doesn't have good cause, but I've always been nice to him. I only got someone to file criminal charges against him once.
[25:22.600 --> 25:29.600]  And the prosecutor never gave those to the grand jury, but it wasn't my fight. So I left that be.
[25:29.600 --> 25:34.600]  When I file against him, it will be a different matter.
[25:34.600 --> 25:47.600]  So as soon as this judge, this next judge refuses to hold an examining trial, I will take it to, I will send them to the district judge.
[25:47.600 --> 25:53.600]  The last time I went to give them to the district judge, I got arrested.
[25:53.600 --> 26:09.600]  And when I send these to the district judge, I will include criminal complaints against the two batists that arrested me to prevent me from giving him criminal complaints against the county judge when the county judge was still alive.
[26:09.600 --> 26:17.600]  And the chief justice and presiding judge of the court criminal appeals.
[26:17.600 --> 26:24.600]  So I had all three of those complaints that was there to file and they blocked me from filing and I went to see the prosecuting attorney.
[26:24.600 --> 26:32.600]  And they were concerned that I was going to file criminal charges against them and they were right to be concerned because I told them I intended to.
[26:32.600 --> 26:44.600]  And they arrested me for nonsense before I got a chance to do that, but that it sort of kicked the soapbox up under my feet.
[26:44.600 --> 26:59.600]  I had not intended to come after the county I live in, but since this sergeant Riggs decided to throw down the gauntlet, I'll pick it up.
[26:59.600 --> 27:06.600]  That's the kind of guy I am. So this is what I'm going to do to them.
[27:06.600 --> 27:16.600]  I put in information requests asking for orders under 16.17 and 16.20.
[27:16.600 --> 27:25.600]  I sent them to the Justices of the Peace, to county courts, clerk and district clerk.
[27:25.600 --> 27:34.600]  And all of them indicated that they have no records.
[27:34.600 --> 27:39.600]  What's the term? Responsive to my request.
[27:39.600 --> 27:44.600]  That means they never held an examining trial.
[27:44.600 --> 27:56.600]  And that's problematic because you can't prosecute someone for a felony until they've been arrested.
[27:56.600 --> 28:03.600]  A grand jury can, when they finish voting, they're to come before the court with a quorum of the grand jury present.
[28:03.600 --> 28:17.600]  This is 2021 Texas Code of Criminal Procedure and give notice to the court of all true bills.
[28:17.600 --> 28:20.600]  They don't mention no bills, just true bills.
[28:20.600 --> 28:30.600]  And then 2022 directs the clerk to make notes in the minutes of the court,
[28:30.600 --> 28:39.600]  except if the accused has not been arrested, then the clerk may not make minutes in the court,
[28:39.600 --> 28:44.600]  in the records of the court, but must issue a capious warrant.
[28:44.600 --> 28:57.600]  And once the person has been arrested, then she can enter a notation of the true bill in the minutes of the court.
[28:57.600 --> 29:16.600]  Well, 1601 says that in the matter of a felony, the accused has a right to an examining trial before indictment.
[29:16.600 --> 29:20.600]  It doesn't just say they have a right to an examining trial generally.
[29:20.600 --> 29:25.600]  They have a right to one before an examining trial.
[29:25.600 --> 29:40.600]  It doesn't say to have a right to an examining trial at all, and that's because they don't have a right to an examining trial.
[29:40.600 --> 29:46.600]  An examining trial is commanded by due process, and that they do have a right to.
[29:46.600 --> 29:56.600]  We'll be right back.
[30:17.600 --> 30:20.600]  When you give up data about yourself, you'll never get it back again.
[30:20.600 --> 30:25.600]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.600 --> 30:30.600]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:30.600 --> 30:33.600]  Privacy, it's worth hanging on to.
[30:33.600 --> 30:36.600]  This public service announcement is brought to you by StartPage.com,
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[30:51.600 --> 30:53.600]  But what happens if it escapes their control?
[30:53.600 --> 30:55.600]  It's not an idle question.
[30:55.600 --> 31:03.600]  According to a recent survey, a shocking 90% of U.S. companies admit their security was breached by hackers in the last year.
[31:03.600 --> 31:07.600]  That's one more reason you should trust your searches to StartPage.com.
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[31:11.600 --> 31:15.600]  They've never been hacked, but even if they were, there would be nothing for criminals to see.
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[31:17.600 --> 31:20.600]  Too bad other companies don't treat your data the same way.
[31:20.600 --> 31:22.600]  I'm Dr. Catherine Albrecht.
[31:22.600 --> 31:30.600]  More news and information at CatherineAlbrecht.com.
[31:30.600 --> 31:31.600]  I lost my son.
[31:31.600 --> 31:32.600]  My nephew.
[31:32.600 --> 31:33.600]  My uncle.
[31:33.600 --> 31:34.600]  My son.
[31:34.600 --> 31:35.600]  On September 11, 2001.
[31:35.600 --> 31:38.600]  Most people don't know that a third tower fell on September 11.
[31:38.600 --> 31:43.600]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:43.600 --> 31:46.600]  The official explanation is that fire brought down Building 7.
[31:46.600 --> 31:52.600]  Over 1,200 architects and engineers have looked into the evidence and believed there is more to the story.
[31:52.600 --> 31:53.600]  Bring justice to my son.
[31:53.600 --> 31:54.600]  My uncle.
[31:54.600 --> 31:55.600]  My nephew.
[31:55.600 --> 31:56.600]  My son.
[31:56.600 --> 31:57.600]  Go to buildingwatch.org.
[31:57.600 --> 32:00.600]  Why it fell, why it matters, and what you can do.
[32:00.600 --> 32:05.600]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[32:05.600 --> 32:10.600]  In today's America, we live in a us against them society, and if we, the people, are ever going to have a free society,
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[32:13.600 --> 32:17.600]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity,
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[32:20.600 --> 32:25.600]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
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[33:02.600 --> 33:11.600]  Live Free Speech Radio, LogosRadioNetwork.com
[33:11.600 --> 33:31.600]  Music
[33:31.600 --> 33:48.600]  Music
[33:48.600 --> 33:56.600]  Okay, we are back. Randy Kelfin, Brett Fountain, Rule of Law Radio, and have kind of been on a dialogue.
[33:56.600 --> 34:00.600]  I hope to finish it up this segment.
[34:00.600 --> 34:06.600]  When I went out, I was talking about the right to an examining trial.
[34:06.600 --> 34:17.600]  The courts in Clark v. State ruled that you only had a right to an examining trial in the matter of a felony.
[34:17.600 --> 34:21.600]  Well, that's not what the code said.
[34:21.600 --> 34:28.600]  The code did not say you had a right to an examining trial at all.
[34:28.600 --> 34:36.600]  The code said you had a right to one before indictment.
[34:36.600 --> 34:52.600]  The statute orders any peace officer who makes an arrest to take you directly to the nearest magistrate, not judge.
[34:52.600 --> 34:58.600]  And the only three things a magistrate can do is one, he can marry people.
[34:58.600 --> 35:01.600]  That's how they make a few extra bucks.
[35:01.600 --> 35:04.600]  Actually, there's another thing they can act as a crime.
[35:04.600 --> 35:10.600]  Where are you against your will? Like if you did a really bad crime and he can make you get married to somebody?
[35:10.600 --> 35:13.600]  I don't believe so.
[35:13.600 --> 35:17.600]  But he can also act as a coroner.
[35:17.600 --> 35:22.600]  And he can hold an examining trial and set bail. That's it.
[35:22.600 --> 35:24.600]  They're not judges.
[35:24.600 --> 35:30.600]  Now, a justice of the peace, they're generally the ones you call on for a magistrate.
[35:30.600 --> 35:35.600]  But when they sit as a magistrate, they're not sitting in their capacity as a justice of the peace.
[35:35.600 --> 35:42.600]  When I went to the Chief Justice of the Supreme Court, I did not go to him in his capacity as the Chief Justice.
[35:42.600 --> 35:47.600]  I went to him in his capacity as a magistrate.
[35:47.600 --> 35:50.600]  Same thing with the presiding judge of the Court of Criminal Appeals.
[35:50.600 --> 35:55.600]  She should have known better because I already put her in front of a grand jury.
[35:55.600 --> 36:05.600]  When I went to Bob Perkins, head criminal district judge for Travis County, kind of bushwhacked him in his own courtroom,
[36:05.600 --> 36:12.600]  with criminal charges against all the judges of the Court of Criminal Appeals and the District Attorney.
[36:12.600 --> 36:17.600]  And he said, well, Mr. Kelton, these are criminal complaints. I said, yes, your honor, they are.
[36:17.600 --> 36:24.600]  He said, well, Mr. Kelton, I'm a district judge and district judges in Travis County don't take criminal complaints.
[36:24.600 --> 36:30.600]  And I said, well, that's OK, Your Honor. I'm not here to invoke your duty as a district judge.
[36:30.600 --> 36:38.600]  I'm here to invoke your duty as a magistrate, and that's a duty from which you may not shield yourself.
[36:38.600 --> 36:43.600]  And that caused him to kind of sit back in his chair and look over at the bailiff.
[36:43.600 --> 36:51.600]  And I know what he was thinking. If I have my bailiff shoot this guy, can I get away with it?
[36:51.600 --> 36:56.600]  But Bob Perkins, he was generally a nice guy, too. I liked him.
[36:56.600 --> 37:01.600]  But anyway, I'm invoking their duty as a magistrate.
[37:01.600 --> 37:04.600]  And the only thing they can do is hold an examining trial.
[37:04.600 --> 37:10.600]  And they must hold an examining trial as a matter of due process.
[37:10.600 --> 37:17.600]  While I don't have a right to an examining trial, I don't have a right to be arrested.
[37:17.600 --> 37:24.600]  I don't have a right to be prosecuted. There's a lot of things that can happen that I don't have a right to.
[37:24.600 --> 37:29.600]  What I do have a right to is the due course of the laws of the state.
[37:29.600 --> 37:34.600]  And the due course of the laws of the state command an examining trial.
[37:34.600 --> 37:43.600]  The violation of the specific commandments of the code denies me due process.
[37:43.600 --> 37:46.600]  That I do have a right to.
[37:46.600 --> 37:49.600]  So that's my argument in that instance.
[37:49.600 --> 37:57.600]  But the real problem with it is that a person is arrested and taken to jail.
[37:57.600 --> 38:04.600]  The court only hears the policemen side.
[38:04.600 --> 38:17.600]  And that would not be a such a problem except for the fact that human beings are horribly flawed.
[38:17.600 --> 38:23.600]  Now, those who listen a lot know I'm not particularly religious, but I'm not anti-religion either.
[38:23.600 --> 38:33.600]  I will say that God, if there is a God, if in fact he created man, he created us horribly flawed.
[38:33.600 --> 38:36.600]  And he could do that on purpose.
[38:36.600 --> 38:39.600]  Because if we were perfect, what would be the point?
[38:39.600 --> 38:42.600]  We're not perfect, we're flawed.
[38:42.600 --> 38:47.600]  Flawed human beings need direction.
[38:47.600 --> 38:58.600]  We need, especially when we're in a position of power and authority, we need restrictions on our behavior.
[38:58.600 --> 39:01.600]  And we have those.
[39:01.600 --> 39:07.600]  Those restrictions are called the due course of the laws.
[39:07.600 --> 39:11.600]  And every citizen has a right to the due course of the laws.
[39:11.600 --> 39:14.600]  You don't have a right to be free from prosecution.
[39:14.600 --> 39:17.600]  You don't have a right to be free from arrest.
[39:17.600 --> 39:27.600]  But you do have a right to have every law in that's in place, abided by by your public servants.
[39:27.600 --> 39:44.600]  So, what happens is you get arrested and taken to jail, and the policeman, he knows you're not going to get an opportunity to rebut what he says.
[39:44.600 --> 39:46.600]  And he can say anything he wants to.
[39:46.600 --> 39:54.600]  Make any allegations, no matter how outrageous or unfounded, and no one's going to question it.
[39:54.600 --> 40:04.600]  So, what happens to people when they're able to do things they should not be able to do?
[40:04.600 --> 40:08.600]  My apologies, my tea maker's making noise in the background.
[40:08.600 --> 40:16.600]  My throat is, I was bitten by a brown recluse on the back of the neck and it got down into my lungs and throat.
[40:16.600 --> 40:25.600]  I'm still having some lung issues until my voice is failing a little bit and I was making up some tea to see if I could suit it.
[40:25.600 --> 40:33.600]  But we don't have an opportunity to rebut, so the policeman can write anything he wants to.
[40:33.600 --> 40:39.600]  If this were a perfect world, that would not be a problem.
[40:39.600 --> 40:48.600]  But then, if this were a perfect world, there's a real good chance, Brett, that you wouldn't be in it.
[40:48.600 --> 40:52.600]  I know I wouldn't.
[40:52.600 --> 40:55.600]  And it's a good chance these policemen wouldn't be in it.
[40:55.600 --> 41:00.600]  So, we do need restrictions on their behavior.
[41:00.600 --> 41:03.600]  We do need some kind of counter.
[41:03.600 --> 41:15.600]  And in 1215 AD, when the Duke struck King John down to the River Thames and starting to cut his head off if he didn't sign the Magna Carta,
[41:15.600 --> 41:24.600]  they put into place a requirement that if a policeman arrests someone for any reason, with or without a warrant,
[41:24.600 --> 41:31.600]  they were to take that person directly to the nearest magistrate and explain themselves.
[41:31.600 --> 41:37.600]  That's why you find justice at the peace offices spread around the county.
[41:37.600 --> 41:46.600]  They wanted a JP or a magistrate of some sort within a day's ride from any point in the county, a day's ride on a horseback.
[41:46.600 --> 41:48.600]  And they included the mayors.
[41:48.600 --> 41:50.600]  Included mayors.
[41:50.600 --> 41:52.600]  And that's why they included mayors.
[41:52.600 --> 42:01.600]  So, there would be enough magistrates around so that the policeman would have someone to take this person to.
[42:01.600 --> 42:06.600]  And it wasn't so much because they didn't trust the police.
[42:06.600 --> 42:16.600]  They wanted to give the citizen the opportunity to be heard so that the policeman did not fear the, oh, sorry,
[42:16.600 --> 42:20.600]  so that the citizen did not fear the police.
[42:20.600 --> 42:24.600]  They might fear the magistrate, but then they elected magistrates.
[42:24.600 --> 42:28.600]  So, magistrates were directly answerable to the people.
[42:28.600 --> 42:37.600]  They could trust the magistrate more to be more neutral and give a good adjudication.
[42:37.600 --> 42:41.600]  So, when they were put in jail anyway, they didn't blame the policeman.
[42:41.600 --> 42:43.600]  They might blame the JP.
[42:43.600 --> 42:44.600]  That was the intent.
[42:44.600 --> 42:55.600]  And it worked well for some 800 years until the early 70s when it seems like all the states at the same time stopped doing it.
[42:55.600 --> 43:04.600]  And at almost precisely the same time we started experiencing this thing we call mass incarceration.
[43:04.600 --> 43:12.600]  And right now, the United States is the worst police state the world has ever seen.
[43:12.600 --> 43:23.600]  We house more citizens in jail per capita than any other nation on planet Earth.
[43:23.600 --> 43:34.600]  And I think this requirement to take before the magistrate was the key to keep that from happening.
[43:34.600 --> 43:36.600]  We return that to the system.
[43:36.600 --> 43:40.600]  Mass incarceration will begin to take care of itself.
[43:40.600 --> 43:44.600]  Randy Kelton, Brett Fouton, we'll all read you.
[43:44.600 --> 43:52.600]  When I come back on the other side, I'm going to tell you about the dirty rotten lowdown stuff I'm going to do to these guys.
[43:52.600 --> 44:21.600]  This is going to be fun. We'll be right back.
[44:21.600 --> 44:23.600]  Well, I'm glad you asked.
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[46:23.600 --> 46:46.600]  Okay, we are back.
[46:46.600 --> 46:53.600]  Randy Kelton, Brett Fountain, rule of law radio, and call boards are empty.
[46:53.600 --> 46:57.600]  Call in number 512-646-1984.
[46:57.600 --> 47:08.600]  I take that to mean that everybody is listening with such rapt attention that they just can't bring themselves to interrupt by call again.
[47:08.600 --> 47:09.600]  That must be it.
[47:09.600 --> 47:10.600]  It could be.
[47:10.600 --> 47:14.600]  I put everybody to sleep, but I won't consider that.
[47:14.600 --> 47:18.600]  Okay, here's what I intend to do.
[47:18.600 --> 47:31.600]  Since I have evidence that there have been no examining trials, but I also have evidence that people have been arrested because I have the first personal experience of that.
[47:31.600 --> 47:46.600]  Brett put in a request to the sheriff and asked him for evidence of training for sheriff's deputies concerning arrest procedures and got a response that says we have no records responsive to your request.
[47:46.600 --> 47:54.600]  So we have it on good authority that the sheriff has done no training concerning arrest procedures.
[47:54.600 --> 48:00.600]  So apparently the sheriff has left it up to the deputies to decide what to do.
[48:00.600 --> 48:15.600]  Well, the code commands the deputies to take the person that I record to the nearest magistrate, but apparently they decided on their own not to do that and decided to take them to jail instead.
[48:15.600 --> 48:31.600]  So I take that as a failure to perform a duty they were required to perform and in the process denied a citizen full free access to enjoyment of right, but that's not all.
[48:31.600 --> 48:44.600]  They performed this act, this criminal act against the individual by seizing the person at his liberty.
[48:44.600 --> 49:00.600]  If they did not have authority to do that, or if they did that and in the process violated a law relating to their office, they became a trespasser ab initio from the beginning.
[49:00.600 --> 49:23.600]  The act of seizing the person physically is an act of assault. If a person commits assault and simple assault under chapter 21 of the Texas Code of Criminal Procedure and they are prominently displaying a deadly weapon,
[49:23.600 --> 49:40.600]  that is a second degree felony in the state of Texas unless, and as far as I can tell only Texas has this provision, unless they are a public official acting under the color or pretense of an official capacity,
[49:40.600 --> 49:45.600]  in which case that is a felony of the first degree.
[49:45.600 --> 49:59.600]  When the officer pointed his cruiser toward the jail instead of a magistrates office without first making a due diligent effort to locate a magistrate,
[49:59.600 --> 50:07.600]  he violated a law relating to his office and from that point he was acting under color or pretense of his official capacity.
[50:07.600 --> 50:29.600]  So I will take every arrest in the jail, pull the records and they're trying to stifle me getting these records, pull the records and file a criminal accusation against police officer or peace officer who made the arrest,
[50:29.600 --> 50:44.600]  file a T. Cole complaint against a peace officer, file a criminal complaint against the person in the jail who did intake of the prisoner,
[50:44.600 --> 50:54.600]  against the person's supervisor and against the sheriff. I'll charge all of them with first degree felony aggravated assault.
[50:54.600 --> 51:15.600]  I will file a T. Cole complaint against each one of them and I'm building a piece of software right now where I can take a spreadsheet and merge it in, do essentially a mail merge and just spit these complaints, these documents out.
[51:15.600 --> 51:28.600]  Then, notarize them, I have a friend in Fort Worth who's a notary, you will sit down and notarize all of them and then every day I will send one out. Each day will be a different one.
[51:28.600 --> 51:46.600]  After six or seven T. Cole complaints, their bond rating is going to go through the roof and as these officers begin to get T. Cole complaints and criminal complaints for following sheriff policy,
[51:46.600 --> 52:03.600]  they're going to look at their professional careers ending and what they're likely to do is tell the sheriff, Adios amigo, I am out of here. Their bond carrier is going to have a field day with them.
[52:03.600 --> 52:19.600]  Randy, if somebody didn't like getting a T. Cole complaint and they decide after their first one to leave, is that going to stop you from filing the second and third and fourth one against that same person?
[52:19.600 --> 52:38.600]  Nope. If their name is on an arrest report, sorry Bubba, life is tough. Deal with it. And what that will do is ensure that when the sheriff loses a deputy, he won't be able to hire another one.
[52:38.600 --> 52:53.600]  So now you guys want to follow policy instead of law? Knock yourselves out. We'll see how this works out for you. And then I'm going to sue them for about 1.7 million.
[52:53.600 --> 53:15.600]  And then play. That's mega deal. Then I'll take the lawsuit that I filed and turn it into a questionnaire for the purpose of filling in the blanks. You go to the questionnaire and answer the questions.
[53:15.600 --> 53:31.600]  The system will spit you out. T. Cole complaints, criminal complaints, tart letter, lawsuit. All you got to do is sign and send. You guys don't want to follow law.
[53:31.600 --> 53:40.600]  Maybe we have another way to get your attention. That's my story and I'm sticking to it.
[53:40.600 --> 53:50.600]  What do you think, Brad? I think you ought to also have it spit out in appeal because you pretty much know what's going to happen if it gets through the court.
[53:50.600 --> 54:11.600]  What I want to do is I want to hit, I'm going to do this to Wise County as soon as they hire an attorney because I don't think either prosecutor will touch it with a 10 foot pole. I will pull a bread on them and bar grieve the attorney into the stone age.
[54:11.600 --> 54:36.600]  But I want to see all the shenanigans that they try to pull. And then we will make up this, these complaints so that other people can file it and then we look at the responses they get and each time we get a response, we'll sit down and rewrite our lawsuit to head off the response.
[54:36.600 --> 54:45.600]  So each time we file each set of responses we get, our lawsuit becomes a bit more sophisticated.
[54:45.600 --> 54:52.600]  And I'm hoping I can get some of our listeners and other people around the state to pick this up, gauntlet up.
[54:52.600 --> 55:21.600]  And the people who are being arrested, I will send them a notice that I have filed criminal charges because of their improper arrest and notify them where they can go and file their own T-Cole complaints and fill out the questionnaires and download their own lawsuits and sue these folks for false imprisonment.
[55:21.600 --> 55:30.600]  False imprisonment is the one thing for which governmental agencies waive their sovereign immunity.
[55:30.600 --> 55:47.600]  The suits we file will be against the individuals in their personal capacity because we are claiming that they acted outside of scope as criminal acts are not within the scope of a public official.
[55:47.600 --> 55:57.600]  We are not suing in their professional capacity. We're not suing them in their capacity as an employee of a county or state agency.
[55:57.600 --> 56:07.600]  We're suing them in their personal capacity for criminal acts that are personally committed. That'll make them crazy.
[56:07.600 --> 56:22.600]  Under color of law, right? Under color of law. In some cases, even while impersonating a public official.
[56:22.600 --> 56:37.600]  Ah, yes. If the original contact was based on a traffic stop by a sheriff's deputy who has not been appointed by the county commissioners court as a traffic control officer.
[56:37.600 --> 56:47.600]  Yes. Then they're impersonating.
[56:47.600 --> 56:52.600]  Sounds like fun, Brett.
[56:52.600 --> 57:01.600]  Yeah, I'm embarrassed to say how much fun it gets to be. Especially given that on the front end of this, it wasn't fun at all.
[57:01.600 --> 57:09.600]  I felt betrayed. I felt horribly mistreated because I expected that these people would follow the law.
[57:09.600 --> 57:19.600]  I expected that if I could just find the right way to say it to them or cite something or categorize something appropriately, then they would start doing things right.
[57:19.600 --> 57:24.600]  They don't. They don't want to.
[57:24.600 --> 57:39.600]  Yeah, that's all. That was, you just articulated the biggest problem with what they're doing is people have an expectation that the police are a good guess.
[57:39.600 --> 57:44.600]  They'll follow the law. They'll follow the rules and you will be treated fairly by the police.
[57:44.600 --> 57:55.600]  When you find out that you are not protected at all by the police, the worst feeling that you have is betrayal.
[57:55.600 --> 58:05.600]  And as an old combat vet, when I came back, that was absolutely the worst.
[58:05.600 --> 58:19.600]  I was walking through SeaTac Airport one o'clock in the morning in jungle fatigue that I'd been in for a week and this young woman pushed her three children behind her and got up against the wall as I passed.
[58:19.600 --> 58:29.600]  Of all of the bad things that happened, that stands out to me as absolutely by far the worst.
[58:29.600 --> 58:39.600]  I thought if you had any idea where I've been and what I've been doing, you would not think you have to protect your children from me.
[58:39.600 --> 58:49.600]  We'll be right back, Randy Kelton, Brett Felton, for Real of Our Radio. Hang on.
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[59:50.600 --> 59:59.600]  You're listening to the Logos Radio Network at www.logosradionetwork.com
[59:59.600 --> 01:00:24.600]  The following news flashes brought to you by The Lone Star Lowdown.
[01:00:24.600 --> 01:00:46.600]  In order of market cap, Bitcoin Core $10,566.52, Ethereum $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 of crypto coin.
[01:00:46.600 --> 01:01:04.600]  In history, the year 1916, the Preparedness Day bombing, a time suitcase bomb, was detonated on Market Street in San Francisco during the World War I Preparedness Day Parade, killing 10 and injuring 40 today in history.
[01:01:04.600 --> 01:01:24.600]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing HEPA into taxes law back in June, county prosecutors around the state, including Houston, Austin, and San Antonio, have been dropping marijuana possession charges and even refusing to file new ones since they are stipulating that they do not have the time or the laboratory equipment to test the year for THC.
[01:01:24.600 --> 01:01:33.600]  Margaret Moore, the Travis County District Attorney, announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[01:01:33.600 --> 01:02:01.600]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter to county district attorneys back on Thursday that marijuana has not been decriminalized in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as well as other cities too, like the district attorney, in El Paso, Cayma Esparza, a Democrat who also stated earlier this month that the law, quote, will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:01.600 --> 01:02:13.600]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County, who stated that, quote, the law is constantly changing on what makes something illegal based on its chemical makeup.
[01:02:13.600 --> 01:02:22.600]  It's important that if someone is charged with something, the test matches what they're charged with.
[01:02:22.600 --> 01:02:38.600]  A paper by Tulane University identified a five and a half inch American pocket shark as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:38.600 --> 01:02:53.600]  According to the university paper, the shark secretes a luminous fluid from a gland near its front fins for the purpose it is hypothesized to lure and prey who may be drawn into the glow.
[01:02:53.600 --> 01:03:22.600]  This is Brook Roadie with your lowdown for July 22, 2019.
[01:03:22.600 --> 01:03:48.600]  OK, we are back.
[01:03:48.600 --> 01:03:56.600]  This is the rule of law radio, Randy Kelton. I'm Brett Fountain on this Thursday, the 17th of December, 2020.
[01:03:56.600 --> 01:04:08.600]  And we've got some callers lining up here. Our first one is going to be Tina from California. Good evening, Tina.
[01:04:08.600 --> 01:04:28.600]  Well, I was very interested in listening to what Randy had to say there about, you know, the enforcement, and I think he's right to go after these people.
[01:04:28.600 --> 01:04:48.600]  You know, the law, as I've realized, is not being followed. Just case in point with all this COVID stuff. They're just randomly shutting businesses down, randomly finding people randomly saying, you know, we're going to do this to you and we're going to ruin your business,
[01:04:48.600 --> 01:05:08.600]  and we're not going to give you anything, you know, in return to help you, you know, get through this. But luckily, we actually do have now a San Diego County judge has actually done what he should do and said,
[01:05:08.600 --> 01:05:24.600]  no, I don't see the evidence of how this restaurant being shut down is, you know, helping to cause more spikes in coronavirus. He's allowing them to open. He's allowing some other businesses to open.
[01:05:24.600 --> 01:05:43.600]  They are not going to enforce a governor's edict that everybody has to close. So wonderful. A judge. Yes. And some restaurants have already reopened, you know, 24 hours after this judge gave the decision.
[01:05:43.600 --> 01:05:44.600]  Wonderful.
[01:05:44.600 --> 01:06:00.600]  You the new ruling. Yep. So, you know, that's amazing in California, but I think people are really seeing the writing on the wall as to what this is doing to people, businesses and everything.
[01:06:00.600 --> 01:06:23.600]  I was actually in Los Angeles yesterday and this morning when we were driving out, I saw under a overpass, there had to be at least 20 tents with homes being crowded together under this overpass.
[01:06:23.600 --> 01:06:39.600]  I mean, there was not two feet between these tents, let alone six feet. And the tent cities are just growing daily. And it was a mess. I mean, it looked awful.
[01:06:39.600 --> 01:06:54.600]  There was trash everywhere. There was tents. There was people, you know, just sitting there looking really dejected and, you know, put on. And finally, we have somebody.
[01:06:54.600 --> 01:07:11.600]  I think Fresno County is not going to enforce it. Riverside County sheriffs have said they will not arrest people. And somewhere, I think Fresno County have said they will not follow the governor's illegal decisions and they will not arrest people.
[01:07:11.600 --> 01:07:13.600]  Wonderful. Well put.
[01:07:13.600 --> 01:07:19.600]  I can't follow his illegal decisions. That's surprising for California though, right?
[01:07:19.600 --> 01:07:24.600]  It's very surprising for California. Very surprising.
[01:07:24.600 --> 01:07:33.600]  I can't tell you how glad I am to hear that. It's about time.
[01:07:33.600 --> 01:07:50.600]  Yes, it is. Yes, it is. And people are just talking to some people. In fact, I will admit on the air, here I go, I will admit that I went and had my hair cut and were all...
[01:07:50.600 --> 01:07:52.600]  You did what?
[01:07:52.600 --> 01:07:54.600]  I had my hair cut.
[01:07:54.600 --> 01:07:57.600]  Don't you realize you're endangering the planet?
[01:07:57.600 --> 01:07:58.600]  Oh, God.
[01:07:58.600 --> 01:08:01.600]  We could all die.
[01:08:01.600 --> 01:08:05.600]  We could all die. But, you know, this is how it went.
[01:08:05.600 --> 01:08:13.600]  I haven't had my hair cut in four months, okay? And so for a woman, that's really odd. And I like my hair short.
[01:08:13.600 --> 01:08:18.600]  You know, if I have to spend more than two minutes doing my hair, that's two minutes too long.
[01:08:18.600 --> 01:08:25.600]  You know, in the sheriff, just, you know, I'm not really fancy with my hair and I don't put product on it and all that crap.
[01:08:25.600 --> 01:08:34.600]  I don't even go dry it most of the days. But I do like to have my hair cut short because it's freeing and it makes me feel 10 pounds lighter, even if I'm not.
[01:08:34.600 --> 01:08:44.600]  So we have a hairdresser that we've used for, you know, many years. And we go down to Los Angeles, which is, you know, three and a half or four hour drive.
[01:08:44.600 --> 01:09:00.600]  Obviously, we combine it, car needed servicing and we had to get some other things. And we wanted to see one of our dear friends who has been through a very hard time and give her some support this year.
[01:09:00.600 --> 01:09:17.600]  And so our hairdresser has luckily has moved to a new place and she was telling me that this guy who owns this salon, he's a Trump supporter, like she and I are.
[01:09:17.600 --> 01:09:33.600]  She said, he decided that people need to eat, the people who pay. And I think they pay between 1300 and 1500 a month at these stations in these salons, because her last one was 1500 a month.
[01:09:33.600 --> 01:09:44.600]  And she said, this one's slightly cheaper. But he also buys a shampoo. He did, but thinks outside he did everything he could to follow the rules and make it safe.
[01:09:44.600 --> 01:09:52.600]  And then when they said they had to shut down, he said, no, no, people need to eat, people need to pay that bill.
[01:09:52.600 --> 01:10:02.600]  You know, he said, we cannot survive this way. So what they did was they put Christmas paper up and covered the windows in Christmas paper and some Christmas lights on the top.
[01:10:02.600 --> 01:10:14.600]  And then it's like a little speakeasy. You go and knock on the side gate and you call them ahead of time saying, I'm here. You know, I'm at the front and they come out and they open the gate and you walk in.
[01:10:14.600 --> 01:10:22.600]  Now, I remind one of us got the haircut, the other one sat in the car, then one finished and we switched.
[01:10:22.600 --> 01:10:33.600]  But she was telling me that it's, you know, trying to, is she the long term hairdresser? So she's really done well and she almost paid her mortgage down.
[01:10:33.600 --> 01:10:46.600]  But she said, you know, I'm 68 years old and I can't see retiring with this mess. She said, I just, and she said, I just feel sorry for the young ones.
[01:10:46.600 --> 01:10:54.600]  And luckily this new owner that she's with is doing everything they can. He'll buy them lunch. He buys their shampoo.
[01:10:54.600 --> 01:11:02.600]  And, you know, he, you know, he does everything right. They put a mask on you. They tape it to your face so they can cut your hair properly.
[01:11:02.600 --> 01:11:19.600]  I was really impressed. And when I spoke to this new owner and, you know, he was, he was good. He said, I am not going to follow an illegal order from our stupid governor who doesn't care about small businesses.
[01:11:19.600 --> 01:11:24.600]  He just cares about his own business being open. He cares about himself.
[01:11:24.600 --> 01:11:37.600]  So I would, you know, it was really interesting to, and my partner said he was going to pay her double because she's just, we haven't seen her in months.
[01:11:37.600 --> 01:11:45.600]  And he said she needs, she needs help. So interesting experience.
[01:11:45.600 --> 01:11:51.600]  And yes, I guess I broke the law sort of kind of, but the fault floor anyway.
[01:11:51.600 --> 01:11:58.600]  It's very nice to hear that people are coming together in a crisis.
[01:11:58.600 --> 01:12:03.600]  That's what people tend to do.
[01:12:03.600 --> 01:12:08.600]  I just was the producer for Tom Kiley's show.
[01:12:08.600 --> 01:12:17.600]  And he talked about these issues about how people are standing up more, how they're beginning to resist.
[01:12:17.600 --> 01:12:29.600]  I think it may well be the death mill for the Democratic attempted takeover.
[01:12:29.600 --> 01:12:34.600]  You wake this giant up and you have something to deal with.
[01:12:34.600 --> 01:12:38.600]  So I'm getting more confidence in the American people.
[01:12:38.600 --> 01:12:47.600]  I believe that the Biden group felt like we were ripe for the picking.
[01:12:47.600 --> 01:12:52.600]  And I think you're going to find out we weren't kind of like the Japanese in World War Two.
[01:12:52.600 --> 01:13:00.600]  We've all heard the stories about the Battle of Midway where we had four carriers and they had four or five carriers.
[01:13:00.600 --> 01:13:06.600]  By the end of the war, we had 92 carriers.
[01:13:06.600 --> 01:13:08.600]  Wow.
[01:13:08.600 --> 01:13:16.600]  When the Japanese caused the American people to step up, they stepped up.
[01:13:16.600 --> 01:13:24.600]  There was absolutely no chance the Japanese could win, even if they had knocked out all our ships at Midway.
[01:13:24.600 --> 01:13:32.600]  I mean, in Hawaii, it wouldn't have made any difference because once you wake up the American people, they are a force.
[01:13:32.600 --> 01:13:39.600]  And the indication is that the public is waking up.
[01:13:39.600 --> 01:13:45.600]  You just need to keep getting the information out there.
[01:13:45.600 --> 01:13:46.600]  Yes.
[01:13:46.600 --> 01:13:49.600]  And you just made my date.
[01:13:49.600 --> 01:13:50.600]  Well, good.
[01:13:50.600 --> 01:14:02.600]  And I will tell you, I'm reading now that LA has allowed its first tent city for veterans and other homeless in 40 years.
[01:14:02.600 --> 01:14:13.600]  It's actually set a tent city up and they've decided to leave most homeless tents alone and not remove the bulky items that block the sidewalk.
[01:14:13.600 --> 01:14:20.600]  And they said they're going to allow it to stay up during COVID.
[01:14:20.600 --> 01:14:25.600]  So, you know, what else are you going to do? Put them out on the sidewalk in the rain.
[01:14:25.600 --> 01:14:28.600]  I mean, come on, think about it.
[01:14:28.600 --> 01:14:34.600]  You're trying to reduce the incidence of this COVID and then you're throwing people out of their homes.
[01:14:34.600 --> 01:14:42.600]  Is there any, what's the latest news on the recall effort of the governor?
[01:14:42.600 --> 01:14:52.600]  I think it has reached like 750,000 signatures the last I saw.
[01:14:52.600 --> 01:15:03.600]  But I don't know how long they've got to actually, you know, get the amount of signatures they need.
[01:15:03.600 --> 01:15:06.600]  And I think it's, you know, I want to say it's a million.
[01:15:06.600 --> 01:15:07.600]  It may be more.
[01:15:07.600 --> 01:15:08.600]  I'm not sure.
[01:15:08.600 --> 01:15:10.600]  I think it's a million five.
[01:15:10.600 --> 01:15:14.600]  And the last number I heard was 800,000 of a million five.
[01:15:14.600 --> 01:15:16.600]  So they're halfway there.
[01:15:16.600 --> 01:15:17.600]  That's halfway there.
[01:15:17.600 --> 01:15:18.600]  That's good.
[01:15:18.600 --> 01:15:20.600]  People are mad.
[01:15:20.600 --> 01:15:24.600]  People are really dead.
[01:15:24.600 --> 01:15:35.600]  So, you know, you talking about how you're trying to get the judicial system to enforce the laws, you know, and not, you know, some people are not woken up.
[01:15:35.600 --> 01:15:41.600]  They think that what Governor Newsom does is legal, that he can put these laws out.
[01:15:41.600 --> 01:15:43.600]  He can do all this.
[01:15:43.600 --> 01:15:57.600]  But I think what they're really saying now is that they're just seeing the hypocrisy of these officials saying, do as I say, not as I do.
[01:15:57.600 --> 01:16:04.600]  And that's what's making them really, really mad.
[01:16:04.600 --> 01:16:08.600]  Again, it's about time.
[01:16:08.600 --> 01:16:11.600]  Yes.
[01:16:11.600 --> 01:16:17.600]  So this is, this is what I was hoping to see is that the public would start stand up to this.
[01:16:17.600 --> 01:16:26.600]  Now they stood up for it in Texas, you know, against it in Texas, but Texas is of that character.
[01:16:26.600 --> 01:16:38.600]  What was it Sam Houston said that Texans never learned to yield to dictator, to dictates yours?
[01:16:38.600 --> 01:16:39.600]  Something like that.
[01:16:39.600 --> 01:16:46.600]  And it's all your fault.
[01:16:46.600 --> 01:16:50.600]  Go ahead, bring us out, Brett.
[01:16:50.600 --> 01:16:59.600]  All right, well, we're going to go to our sponsors now and you can call in at 512-646.
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[01:17:33.600 --> 01:17:40.600]  Our verse by verse Bible studies will begin in the book of Matthew where we will discuss one chapter per week.
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[01:19:25.600 --> 01:19:40.600]  Well, you ain't gonna fool me with that same old trick again. I was blindsided, but now I can see your plan.
[01:19:40.600 --> 01:19:46.600]  You put the fear in my pocket, took the money out of my hand.
[01:19:46.600 --> 01:19:55.600]  Okay, we are back. Randy Kelton, Brett Fountain, Rue La Radio, and we're talking to Tina in California.
[01:19:55.600 --> 01:19:58.600]  Okay, go ahead, Tina.
[01:19:58.600 --> 01:20:09.600]  Yeah, well, I just was reading while we were on the break that we only need to gather the signatures of 12% of voter turnout in the 2018 election.
[01:20:09.600 --> 01:20:12.600]  Music's still going. Uh-oh.
[01:20:12.600 --> 01:20:24.600]  It sounds like the electorate are unhappy enough that there's a good chance you'll get that.
[01:20:24.600 --> 01:20:29.600]  I didn't understand the time limit. Why is there a time limit?
[01:20:29.600 --> 01:20:38.600]  Well, you know, most states have a time limit to get the signatures. And it says, in this case, we need just under 1500.
[01:20:38.600 --> 01:20:51.600]  And California grants 160 days to gather them. In other states, the signature percentage requirement is more than double, and the time to gather them is less than half.
[01:20:51.600 --> 01:20:58.600]  So I guess, you know, they're trying to make, you know, this so it does the process doesn't drag out for two years.
[01:20:58.600 --> 01:21:07.600]  You know, if you're really going to recall him, you've got 160 days to make a real concerted effort to get as many signatures as you need to get it on the ballot.
[01:21:07.600 --> 01:21:19.600]  Okay, that makes sense. And do you think the general public is upset to the point or, well, wait, there might be enough homeless people to get that done?
[01:21:19.600 --> 01:21:31.600]  Well, yeah, there should be. It's all about how you get it out there and how many people are reading it, seeing it, and how easy you make it to get a signature.
[01:21:31.600 --> 01:21:43.600]  Now, if you've got a computer at home, you can do it very easily. How easy it is for those who have lost their home, living in tents, you know, how do you get those signatures?
[01:21:43.600 --> 01:21:49.600]  You have to go down there. They need volunteers, I suppose.
[01:21:49.600 --> 01:21:51.600]  I guess so.
[01:21:51.600 --> 01:22:04.600]  But it would be good, especially, you know, what they say is California tends to lead the country. However, California goes, the country goes.
[01:22:04.600 --> 01:22:15.600]  So what does it mean if California throws out their Democratic governor? What does that say?
[01:22:15.600 --> 01:22:34.600]  Yeah, I mean, it says a lot. It really says a lot. It's very, very interesting. And the Secretary of State apparently confirmed this week that the requirements to get the ballot for the week all would be 65 to 100 nomination signatures
[01:22:34.600 --> 01:22:50.600]  and a filing fee of $4,195 for 7,000 signatures in lieu of filing fee. Those minimal requirements have essentially not changed since the recall of Governor Gray Davis in 2003.
[01:22:50.600 --> 01:23:01.600]  So this is not that unusual. Do you have someone to run in his place?
[01:23:01.600 --> 01:23:14.600]  Well, according to what I'm reading, there are lots of Democrats who are chomping at the bit who can't stop this. So, yeah, I think there'll be people.
[01:23:14.600 --> 01:23:24.600]  If there's a recall, is it only, if he's a Democrat, can only Democrats take his place?
[01:23:24.600 --> 01:23:30.600]  Dad, I don't know. I don't know.
[01:23:30.600 --> 01:23:40.600]  There is rumblings that had the vote been correct and proper that there's a chance the Trump may have taken California.
[01:23:40.600 --> 01:23:51.600]  I don't know if that's just wishful thinking or if there's some substance to that. If there is substance to that, that would be extremely telling.
[01:23:51.600 --> 01:24:03.600]  From what I see, California is in the process of imploding. We have more and more major companies, Cora moved out.
[01:24:03.600 --> 01:24:16.600]  I read an article the other day that the brain drained from California and the Northeast is on. It's all going to Texas.
[01:24:16.600 --> 01:24:24.600]  That's what I'm seeing and talking with people. They're absolutely fed up with the Texas.
[01:24:24.600 --> 01:24:42.600]  I do know, talking to our realtor here where I live in the Central Coast of California, that a lot of the big tech company people are moving down here because they can work remotely.
[01:24:42.600 --> 01:24:57.600]  They're fed up with living in, you know, silk ridden San Francisco and, you know, places near there and they're moving to this more slightly rural area where they can get a little bit more land
[01:24:57.600 --> 01:25:13.600]  and they can buy a property for a half price that they can sell as a default. So, you know, the cost of living goes down and it is putting prices up here quite a bit.
[01:25:13.600 --> 01:25:23.600]  So, definitely an exodus away from San Francisco and, you know, all those.
[01:25:23.600 --> 01:25:43.600]  It may be a good to get away from San Francisco because San Andreas runs straight through San Francisco and the straight fault line is a signature for disaster and that particular fault line has a history of shifting every 200 years,
[01:25:43.600 --> 01:25:59.600]  but it's 100 years overdue and it moves at an inch and a quarter a year. If it lets loose, they expect it to jump 27 feet.
[01:25:59.600 --> 01:26:01.600]  Wow.
[01:26:01.600 --> 01:26:07.600]  That'll get really ugly. So, it might be a good time for more than one reason to get that out of there.
[01:26:07.600 --> 01:26:23.600]  Yeah. And the other thing about all this too and what you were talking about earlier is making these, you know, district attorneys and everything, you know, accountable for what they say they're going to do.
[01:26:23.600 --> 01:26:41.600]  And I think it's time to make them accountable for holding everybody, including these attorneys that file fraudulent documents. There are penal codes that cast that as a felony, but nobody goes to jail.
[01:26:41.600 --> 01:26:53.600]  Nobody is prosecuted. They're like, oh, it's a big deal. But if you or I did it, it'd be a big deal. But all these other people, attorneys of the like, they can get away with anything they like.
[01:26:53.600 --> 01:27:05.600]  Notaries filing false documents, not filing the documents, mortgage signatures. Why are they not enforcing the laws that are on the books? What's the point in having a law if you don't enforce it?
[01:27:05.600 --> 01:27:17.600]  Well, that's our job. That's what you're doing right now. And what I'm doing right now is we have to do that. We have to go in and make sure they do their job.
[01:27:17.600 --> 01:27:43.600]  I researched into the district attorney elect. His name is Jose Garza. And he was a public defender in South Texas. And he's very focused on the poor side of town.
[01:27:43.600 --> 01:28:02.600]  He's speaking to fixing a broken system so it treats everyone equally. I am looking forward to getting audience with him. He may be the guy I need to get examining trials back in the system.
[01:28:02.600 --> 01:28:17.600]  So I'm kind of encouraged about the way Texas is going. I'm also encouraged the way California is going. It's going to take a crash in California to turn things around there.
[01:28:17.600 --> 01:28:22.600]  And it looks like the crash is in the process.
[01:28:22.600 --> 01:28:36.600]  I mean, I see it here in my town. I deliver food to different people. I even got, you know, the food insecure, as you know.
[01:28:36.600 --> 01:28:44.600]  And today I got a call from Michelle to say they got some extra donations. Could I come and pick them up and deliver them to wherever I know they need it?
[01:28:44.600 --> 01:29:00.600]  And as I was on my way there, I got a call from somebody at CPS, Child Protective Services, because they've been told that, you know, by someone who knows me what I do, and they are trying to get Thanksgiving meals for these foster parents who are now,
[01:29:00.600 --> 01:29:16.600]  because that's not the job struggling to actually feed the children that they're fostering, you know, that are under Child Protective Services. I've never had that call before and she wanted to know how she could go about getting,
[01:29:16.600 --> 01:29:34.600]  you know, the Christmas meal and the fixed meals and is there anything I could deliver to them? That is the first. When foster children who are paid, they're paid by the state to foster without their jobs, they're struggling to make it.
[01:29:34.600 --> 01:29:52.600]  These are the consequences that most of these officials don't really look closely into. Hang on. I'm about to go to our sponsors, Randy Kelton, Brett Fountain, Rue de la Radio, and if I get a little quiet, I'm having a little voice issues today.
[01:29:52.600 --> 01:29:56.600]  Hang on, we'll be right back on the other side.
[01:29:56.600 --> 01:29:58.600]  Let's go.
[01:30:26.600 --> 01:30:55.600]  Are you always on the go and juggling multiple projects? If so, you might think that multitasking proves you're smart, but think again, all that stress might be eating your brain.
[01:30:55.600 --> 01:31:10.600]  A new study finds stress reduces the number of connections between neurons, which actually makes it harder for people to manage problems. Researchers at Yale University found that stressed out people have less gray matter in their prefrontal cortex.
[01:31:10.600 --> 01:31:20.600]  That's the part of the brain that helps us weigh conflicting ideas and regulate our emotions. So take a deep breath and chill out. It'll help keep your mind as sharp as a tack.
[01:31:20.600 --> 01:31:26.600]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
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[01:33:21.360 --> 01:33:50.880]  All right, we are back.
[01:33:50.880 --> 01:33:56.480]  This is the rule of law radio, Randy Kelton, I'm Brett Fountain and we're talking with
[01:33:56.480 --> 01:33:58.480]  Tina in California.
[01:33:58.480 --> 01:34:04.600]  Well, Tina, do you have something else for us this evening?
[01:34:04.600 --> 01:34:09.800]  No, no, no, I've got other things for you and Randy for later but this evening I just
[01:34:09.800 --> 01:34:17.760]  wanted to, you know, thank you for supporting, trying to get the rule of law, you know, enforced
[01:34:17.760 --> 01:34:24.760]  and just let me know that California for the first time ever is probably coming to a census
[01:34:24.760 --> 01:34:28.960]  and I'll let you go to other people because I'm sure some others have got some great things
[01:34:28.960 --> 01:34:29.960]  to talk about.
[01:34:29.960 --> 01:34:34.760]  Well, that was some wonderful news and I really appreciate you calling in to tell us about
[01:34:34.760 --> 01:34:35.760]  it.
[01:34:35.760 --> 01:34:37.760]  Okay, talk to you later.
[01:34:37.760 --> 01:34:38.760]  Take care.
[01:34:38.760 --> 01:34:39.760]  Okay, goodnight.
[01:34:39.760 --> 01:34:45.480]  And next up, we're going to go to Ron in Texas.
[01:34:45.480 --> 01:34:47.360]  Good evening, Ron.
[01:34:47.360 --> 01:34:50.360]  What do you have for us?
[01:34:50.360 --> 01:34:52.360]  Hello, Ron.
[01:34:52.360 --> 01:35:01.840]  Yes, I wanted to call and let you in on something, my son and I talked to a little bit tonight.
[01:35:01.840 --> 01:35:04.600]  He's sitting in Grayson County jail, as you know.
[01:35:04.600 --> 01:35:10.440]  He's been trying to talk to this attorney that's a quarter point of attorney and that
[01:35:10.440 --> 01:35:15.600]  the quarter point of attorney won't, he refuses to speak with me, he just tells me you and
[01:35:15.600 --> 01:35:20.680]  I aren't speaking and he just refuses to say anything to me and he's doing the same thing
[01:35:20.680 --> 01:35:28.920]  to my son and he called my son in to court on the 3rd of December, which I appeared at.
[01:35:28.920 --> 01:35:33.600]  This is when he told me, I'm not talking to you, we're not speaking and I ask you, was
[01:35:33.600 --> 01:35:38.440]  there even a court today or anything, he just never answered me, he just refused to talk
[01:35:38.440 --> 01:35:39.440]  and then they sent me.
[01:35:39.440 --> 01:35:41.840]  Did you bar-greed him for that?
[01:35:41.840 --> 01:35:47.320]  Not yet, I've got to get the paperwork from you yet on that, I'm still learning, so I'm
[01:35:47.320 --> 01:35:53.440]  trying, but I have to get a little bit more information from you on that, on trying to
[01:35:53.440 --> 01:36:00.000]  get that downloaded and to learn who to bar-greed, who to send the grievance to, so I don't make
[01:36:00.000 --> 01:36:01.000]  a mistake.
[01:36:01.000 --> 01:36:09.640]  But today he called me and he said that my son told me, Dad, they woke me up this morning
[01:36:09.640 --> 01:36:16.920]  and Real wrote me up into court real quick and tried to have me sign some papers to say
[01:36:16.920 --> 01:36:21.800]  that he was guilty and they said, we're going to send you home for Christmas if you just
[01:36:21.800 --> 01:36:27.480]  sign these papers and my son's a little bit smarter than that and he said no and so they
[01:36:27.480 --> 01:36:33.480]  just shuffled him back off into jail again, but he's saying, what are they doing, what's
[01:36:33.480 --> 01:36:37.760]  going on out here and I'm trying to tell him, look, we're trying to do everything we can
[01:36:37.760 --> 01:36:43.920]  but it's just a little bit hard to come up with the $2,200 for bond and furthermore we'll
[01:36:43.920 --> 01:36:49.080]  never get the money back even if we bonded him out and I'm thinking that there's another
[01:36:49.080 --> 01:36:55.720]  way to do this, but evidently they tried to railroad him through the system today to get
[01:36:55.720 --> 01:37:02.320]  him to sign off to say that he was guilty of this stupid charge and he did not sign
[01:37:02.320 --> 01:37:07.240]  it, he's trying to fire this court appointed attorney and he's telling me that they won't
[01:37:07.240 --> 01:37:12.680]  let him use his glasses to see so he can't really read what the documents are that they're
[01:37:12.680 --> 01:37:17.520]  putting before him and they're not giving him his mail on time, I've sent him three
[01:37:17.520 --> 01:37:22.680]  letters recently like the other day and he says, okay, okay, hold on, hold on, hold on
[01:37:22.680 --> 01:37:31.920]  Ron, you need to step up, if they're not giving him glasses, file a judicial conduct complaint
[01:37:31.920 --> 01:37:37.880]  against the judge, you can go to the state bar association's website and they've got
[01:37:37.880 --> 01:37:51.080]  a bar grievance form, you can fill out there, get something in, go online, read the canons
[01:37:51.080 --> 01:37:57.760]  of judicial ethics, find the one that goes to the duty of the court, which one would
[01:37:57.760 --> 01:38:08.920]  that be? The Texas Code of Judicial Conduct? Yeah, I mean, which one would go to the judge
[01:38:08.920 --> 01:38:26.160]  allowing the prosecutor and counsel to mistreat a defendant? It didn't say, when I thought
[01:38:26.160 --> 01:38:32.320]  about it, it didn't, you didn't jump out at me, Jim, it does, but he's something to
[01:38:32.320 --> 01:38:37.960]  bar grieve, to file a judicial conduct complaint against the judge, against the prosecutor,
[01:38:37.960 --> 01:38:42.120]  let them know there's someone out here who's going to do his best to make their life a
[01:38:42.120 --> 01:38:54.480]  living hell, especially his attorney. Yeah, and if his attorney won't speak to him, that's
[01:38:54.480 --> 01:39:06.720]  a specific violation. Get out, go to the Texas website, look up the, what is it, the, not
[01:39:06.720 --> 01:39:11.800]  the canons of judicial ethics, the bar association, what are the bar association standards called
[01:39:11.800 --> 01:39:22.320]  in Texas, Brett? Texas disciplinary rules of professional conduct. Look that up. The
[01:39:22.320 --> 01:39:28.800]  only part you care about are sections one, two, and three. Everything after that.
[01:39:28.800 --> 01:39:36.800]  Find some more good stuff over in five and eight as well. One, two, three, and five and
[01:39:36.800 --> 01:39:43.880]  eight. Yeah, I don't find really anything interesting in six and seven, I don't think.
[01:39:43.880 --> 01:39:53.800]  Yeah, those two go to attorneys, to attorneys and attorneys and law firms, but the canons,
[01:39:53.800 --> 01:39:57.440]  there aren't that many of them. It's a really fast read.
[01:39:57.440 --> 01:40:07.000]  So you'll go to txcourtsplurl.gov and you'll see at the top it says rules and forms, you'll
[01:40:07.000 --> 01:40:11.840]  go to rules and standards, and then it's all right there. You've got the Texas Code of
[01:40:11.840 --> 01:40:19.720]  Judicial Conduct. You've got the Texas Disciplinary Rules of Professional Conduct for the lawyers.
[01:40:19.720 --> 01:40:21.200]  Just go have fun.
[01:40:21.200 --> 01:40:32.920]  Go to the American Bar Association website and do a search for the rules for the, let's
[01:40:32.920 --> 01:40:41.280]  see, what is it, the rules for prosecutorial conduct. I'm trying to remember exactly the
[01:40:41.280 --> 01:40:48.160]  term, but there are a set of rules in the American Bar Association standards for the
[01:40:48.160 --> 01:40:54.920]  prosecution function. There is the American Bar Association standards for lawyers and
[01:40:54.920 --> 01:41:00.480]  then there's one for the prosecution function. Look that one up and you can bring that into
[01:41:00.480 --> 01:41:06.600]  Texas since Texas doesn't address that directly, you can address it from the American Bar Association
[01:41:06.600 --> 01:41:15.960]  standards and hammer the prosecutor. It's going to make the prosecutor real unhappy.
[01:41:15.960 --> 01:41:21.200]  You might think you should be afraid of making the prosecutor real unhappy, but the prosecutor
[01:41:21.200 --> 01:41:29.960]  is going to screw your son royal. He will cut him absolutely zero slack as it is. It's
[01:41:29.960 --> 01:41:35.040]  not going to get any worse, but if he feels like he's got a third party out there like
[01:41:35.040 --> 01:41:43.360]  the father, who he can't get at, who's going to hammer him every step of the way, it's
[01:41:43.360 --> 01:41:48.320]  going to give him reason to want to get this guy out of his hair and the way to do that
[01:41:48.320 --> 01:41:58.120]  is get his son out of jail. I made a habeas corpus for a woman in jail on third DUI and
[01:41:58.120 --> 01:42:03.560]  went down there and with a camera crew and just made a nuisance of myself. This is Williamson
[01:42:03.560 --> 01:42:12.440]  County. They said two days later her father told me that they brought her into court and
[01:42:12.440 --> 01:42:22.400]  the prosecutor came to him and said that we will give her time serves, lower the allegation
[01:42:22.400 --> 01:42:29.480]  against disorderly conduct or drunken disorderly. They had her for DUI. She was parked in a
[01:42:29.480 --> 01:42:42.400]  car, but they charged her with DUI and give her time served, just get her out of my jail.
[01:42:42.400 --> 01:42:48.200]  That's how it works. You make enough trouble for them. They can't get at you, so you can
[01:42:48.200 --> 01:42:53.000]  hammer them big time. The only way they can get you off their back is to get your son
[01:42:53.000 --> 01:42:59.920]  out of there. This is Jay Brett Smith as the criminal district attorney of Grayson County.
[01:42:59.920 --> 01:43:06.640]  This is his file against them evidently. Then file judicial conduct complaint against
[01:43:06.640 --> 01:43:16.480]  him. This is what they do on drugs. If they find a container, say they find a pipe and
[01:43:16.480 --> 01:43:24.680]  say it's a bong, one of these big ones. They find a single trace of a control substance
[01:43:24.680 --> 01:43:34.680]  on it. They weigh the whole container and charge you with the weight of the container.
[01:43:34.680 --> 01:43:42.920]  You accuse the prosecutor of failure to speak with candor to the court because he's claiming
[01:43:42.920 --> 01:43:51.400]  an amount of drugs that he knows did not exist. Hang on, Randy Colton, Brett Fountain, we'll
[01:43:51.400 --> 01:44:20.920]  be right back.
[01:44:20.920 --> 01:44:49.320]  We'll be right back.
[01:44:49.320 --> 01:45:19.000]  We'll be right back.
[01:45:19.320 --> 01:45:48.800]  We'll be right back.
[01:45:48.800 --> 01:46:16.240]  We'll be right back.
[01:46:18.800 --> 01:46:44.880]  We need to explain to you how to do this, but we don't have time. We've only got one
[01:46:44.880 --> 01:46:50.040]  segment left. Call in tomorrow night and we'll go through the process of how to take these
[01:46:50.040 --> 01:47:04.600]  guys on. I'll have a look at it before the show tomorrow night. I'll maybe be a little
[01:47:04.600 --> 01:47:09.000]  more up to speed. It will explain some of the dirty tricks they pull and how to use
[01:47:09.000 --> 01:47:15.880]  some dirty tricks back on them, but this will take too long. Call in tomorrow night and
[01:47:15.880 --> 01:47:19.440]  we'll have more time for you.
[01:47:19.440 --> 01:47:26.400]  Now we're going to go to Robert in California. Hello, Robert. Before we do that, John, you're
[01:47:26.400 --> 01:47:34.320]  always on the bottom of my list. Will you call in tomorrow night and I will take you
[01:47:34.320 --> 01:47:43.200]  earlier? You there, John? Yeah, I'm right here. Okay. Call in tomorrow night and I'll
[01:47:43.200 --> 01:47:47.520]  bring you up to the top because we're going to run out of time. Okay. And when I come
[01:47:47.520 --> 01:47:53.040]  on tomorrow night, I'm going to tell you how Mr. Trump can get himself to win the election.
[01:47:53.040 --> 01:48:00.400]  I have a case that was before the Supreme Court. Good. We definitely want to talk about
[01:48:00.400 --> 01:48:04.720]  that tomorrow. Thank you, John. We'll talk to you tomorrow. Now we're going to Robert
[01:48:04.720 --> 01:48:10.600]  in California. Hello, Robert. Hello.
[01:48:10.600 --> 01:48:19.600]  What do you, I know you've been up to mischief. Well, trying to. I've got a few questions
[01:48:19.600 --> 01:48:33.800]  for you. They, I was in a case that I have, the policeman was the prosecutor. I'm bar
[01:48:33.800 --> 01:48:40.960]  grieving him for unauthorized practice of law. What do you think?
[01:48:40.960 --> 01:48:49.000]  That's great. They're authorized. Except it's a criminal complaint. The unauthorized practice
[01:48:49.000 --> 01:48:56.240]  of law is a crime. Bar grievance is what you would send off to the attorney people, Attorney
[01:48:56.240 --> 01:49:02.360]  Disciplinary Board, which I think in California might be the Supreme Court. Well, that might
[01:49:02.360 --> 01:49:08.320]  be a good idea. That's what I'm, I thought he was doing that on purpose. The guy's acting
[01:49:08.320 --> 01:49:14.480]  like a lawyer, so treat him like one. Well, he's the prosecutor in the case and he's
[01:49:14.480 --> 01:49:22.840]  not acting like a prosecutor. So are you saying that he is authorized to be a prosecutor?
[01:49:22.840 --> 01:49:32.760]  Yeah. And, and what did they call him? Not classy misdemeanor, but they've got another
[01:49:32.760 --> 01:49:36.000]  name for him. I've lost it for the moment. Fractions.
[01:49:36.000 --> 01:49:43.480]  Fractions. Yes. In fractions, they allow the police officer to act as the prosecutor.
[01:49:43.480 --> 01:49:54.840]  But when he issued me the ticket, it was for a misdemeanor. And now the court had changed
[01:49:54.840 --> 01:50:02.680]  that to an infraction without my consent, which posed a problem, is posing a problem
[01:50:02.680 --> 01:50:10.280]  to them. And so I was thinking about it today and I thought, well, why can't I file, file
[01:50:10.280 --> 01:50:21.280]  a bar grievance against him for a practicing law without a license?
[01:50:21.280 --> 01:50:30.480]  That's a good idea. They will, they'll have an argument against it where you don't care.
[01:50:30.480 --> 01:50:42.280]  There's some to bring it. And who licenses peace officers in California?
[01:50:42.280 --> 01:50:48.240]  There's a post. That's the most, most states, a number of states
[01:50:48.240 --> 01:50:55.120]  call it post. I know Tennessee does. Go to their site, find a complaint form there and
[01:50:55.120 --> 01:51:01.560]  file a complaint, a post complaint against him. That'll really sting him good.
[01:51:01.560 --> 01:51:08.040]  All right. Maybe more than one, maybe a huesome of charging
[01:51:08.040 --> 01:51:18.120]  you with a misdemeanor when in fact you were only the charge could only be for a infraction.
[01:51:18.120 --> 01:51:27.560]  And the court had to change it to an infraction. Post is the one that trains him. And he claimed
[01:51:27.560 --> 01:51:32.600]  this guy didn't know what he was doing and the court had to fix it. That means he wasn't
[01:51:32.600 --> 01:51:38.640]  properly trained. So that'll get a complaint for him writing. Since they want to push it
[01:51:38.640 --> 01:51:45.200]  to an infraction against you will make him pay for it.
[01:51:45.200 --> 01:51:52.680]  When I had another situation, I brought a criminal complaint to the district attorney
[01:51:52.680 --> 01:52:02.760]  and I had never been there before. So the clerk stamped the back of my copy and gave
[01:52:02.760 --> 01:52:12.880]  it back to me. Well, the back, I should have had him stamped the front and the back because
[01:52:12.880 --> 01:52:18.320]  now they're claiming we never got any criminal complaint from you. And I said, well, I got
[01:52:18.320 --> 01:52:28.000]  my stamped copy and it's stamped on the back of the notary acknowledgment. They said, no,
[01:52:28.000 --> 01:52:30.240]  we never got any criminal complaint.
[01:52:30.240 --> 01:52:36.000]  Can file criminal charges against the clerk for tampering with a government document.
[01:52:36.000 --> 01:52:46.680]  See how that works for him. So whoever trashed it's going to have to explain to the clerk
[01:52:46.680 --> 01:52:54.040]  why you're pursuing her criminally and look at whoever trains and certifies the clerks.
[01:52:54.040 --> 01:53:00.720]  If it's the judge, then file a complaint against the judge for failing to properly train the
[01:53:00.720 --> 01:53:01.720]  clerk.
[01:53:01.720 --> 01:53:09.360]  Now, this was the clerk in the DA's office. I brought the clerk.
[01:53:09.360 --> 01:53:19.160]  Oh, that complaint goes against the DA. So he's, in this case, she's not really a, okay,
[01:53:19.160 --> 01:53:29.160]  here you're using the term clerk, not in the judicial phraseology, but the clerk in terms
[01:53:29.160 --> 01:53:37.040]  of ordinary English. So this means he's just someone who works for the district attorney.
[01:53:37.040 --> 01:53:43.200]  She's not a public official. She's just an employee. So the district attorney is respondee
[01:53:43.200 --> 01:53:56.160]  at superior. What she does, he does, or she, whatever the employee does, the respondee
[01:53:56.160 --> 01:54:04.120]  at superior does. So charge respondee at superior for tampering with a government document.
[01:54:04.120 --> 01:54:12.280]  If one of his people lost it, his problem, not your problem.
[01:54:12.280 --> 01:54:17.800]  I have a similar thing with the letter I sent to the police department. They're trying to
[01:54:17.800 --> 01:54:24.360]  track down a certified letter that I sent to the police department a year ago and they
[01:54:24.360 --> 01:54:34.720]  can't seem to find it. And so I've asked them to give me the chain of custody, the standard
[01:54:34.720 --> 01:54:40.440]  chain of custody for that, for any document that's mailed to them. And so far, I haven't
[01:54:40.440 --> 01:54:43.640]  gotten a response, but they do.
[01:54:43.640 --> 01:54:44.920]  Funny how that works.
[01:54:44.920 --> 01:54:46.440]  Surprise, surprise.
[01:54:46.440 --> 01:54:54.200]  So a post complaint against the chief of police and a criminal complaint against the chief
[01:54:54.200 --> 01:55:02.320]  of police for tampering with the government document. Someone under the chief's employee
[01:55:02.320 --> 01:55:09.520]  for whom the chief is respondee at superior secreted a government document from the personal
[01:55:09.520 --> 01:55:15.920]  office to which it was directed. You can prove that they received it by the certified mail.
[01:55:15.920 --> 01:55:25.480]  This is why we tell people, never ask a public official to do anything you actually want
[01:55:25.480 --> 01:55:31.000]  them to do. Because you never ask them to do anything the law doesn't compel them to
[01:55:31.000 --> 01:55:36.680]  do and when they don't do it, you get to hammer them. So every time I hear something like this,
[01:55:36.680 --> 01:55:42.320]  I'm thinking, how can I hammer these guys for that? And always there's more ways to
[01:55:42.320 --> 01:55:48.240]  hammer them than they can keep up with.
[01:55:48.240 --> 01:55:50.600]  You obviously are pretty good at that.
[01:55:50.600 --> 01:56:02.760]  Well, I'm picking it up. It's a lot of fun. But I also stand into the same police department,
[01:56:02.760 --> 01:56:15.760]  the Brady training. And they didn't like that too well either. They don't have any records
[01:56:15.760 --> 01:56:21.720]  that they can respond with is what they told me.
[01:56:21.720 --> 01:56:30.520]  I've got a suggestion for you. The California Rules of Court, CRC Rule 10, 474, talks about
[01:56:30.520 --> 01:56:34.640]  the training that they're supposed to have. Ask them about their training. So you want
[01:56:34.640 --> 01:56:39.840]  to see all their training that they've made sure they're up on their training. They don't
[01:56:39.840 --> 01:56:41.240]  like that kind of question either.
[01:56:41.240 --> 01:56:46.560]  Yeah. Tell them what our sheriff did in Wise County when you asked that.
[01:56:46.560 --> 01:56:53.040]  The training? Wise County. I'm trying to remember. I think, was that the one that just ignored
[01:56:53.040 --> 01:56:54.040]  me?
[01:56:54.040 --> 01:56:57.480]  Yes. Well, the one that said to have no records responsive to your request.
[01:56:57.480 --> 01:56:58.480]  Oh, right.
[01:56:58.480 --> 01:57:04.400]  I'm in Wise County and I was arrested and taken straight to jail. Brett sent them a
[01:57:04.400 --> 01:57:13.160]  request for their training procedures, for their officers concerning, their training
[01:57:13.160 --> 01:57:19.160]  concerning arrest procedures. And he got a response saying, we have no records responsive
[01:57:19.160 --> 01:57:27.440]  to request. Now I get to claim that the officer who arrested me and took me straight to jail
[01:57:27.440 --> 01:57:34.200]  did so on his own. He wasn't following policy and he wasn't following training because there
[01:57:34.200 --> 01:57:40.880]  was no training or policy. He just did it on his own. So I sue him personally for acting
[01:57:40.880 --> 01:57:47.360]  outside of scope because the sheriff threw him under the bus.
[01:57:47.360 --> 01:57:54.440]  Wow. So, so ask them for the training. If they don't have anything, then whatever the
[01:57:54.440 --> 01:58:00.000]  individual officer did, you can claim he did on his own and he is not going to be happy
[01:58:00.000 --> 01:58:03.400]  with the sheriff for tossing him under the bus.
[01:58:03.400 --> 01:58:04.400]  Okay.
[01:58:04.400 --> 01:58:10.400]  And you can file criminal complaints because they didn't do, they didn't get their mandatory
[01:58:10.400 --> 01:58:11.400]  training.
[01:58:11.400 --> 01:58:24.400]  Okay. Thank you, Robert. We are out of time. You're having way too much fun. Randy Kelton.
[01:58:24.400 --> 01:58:30.800]  Brett Fountain. Thank you all for listening. We'll be back tomorrow night at our regular
[01:58:30.800 --> 01:58:38.520]  time eight o'clock central for our four hour, four hour info marathon. So make sure you
[01:58:38.520 --> 01:58:50.680]  tune in. Thank you all for listening and good night.
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