ROL_2021-01-22_16k_Hr3-4.timecode

[00:00.000 --> 00:06.740]  The following news flash is brought to you by The Lone Star Lowdown.
[00:06.740 --> 00:13.040]  Markets for Monday the 22nd of July 2019 open with precious metals, gold at $1,429 an ounce,
[00:13.040 --> 00:21.360]  silver $16.45 an ounce, copper $2.75 an ounce, oil Texas crude $55.63 a barrel, Brent crude
[00:21.360 --> 00:29.720]  $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum
[00:29.720 --> 00:41.480]  $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:41.480 --> 00:52.400]  In history, the year 1916, the preparedness day bombing, a time suitcase bomb, was detonated
[00:52.400 --> 00:57.720]  on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[00:57.720 --> 01:04.720]  10 and injuring 40.
[01:04.720 --> 01:09.400]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hemp and
[01:09.400 --> 01:14.200]  the taxes law back in June, county prosecutors around the state including Houston, Austin,
[01:14.200 --> 01:18.840]  San Antonio have been dropping marijuana possession charges and even refusing to file new ones
[01:18.840 --> 01:22.800]  since they are stipulating that they do not have the time or the laboratory equipment to
[01:22.800 --> 01:27.520]  test the herb for THC. Margaret Moore, the Travis County District Attorney, announced
[01:27.520 --> 01:31.720]  earlier this month that she was dismissing 32 felony possession and delivery of marijuana
[01:31.720 --> 01:33.680]  cases because of the law.
[01:33.680 --> 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 --> 01:54.480]  well as other cities too, like the District Attorney in El Paso, Cayma Esparza, a Democrat
[01:54.480 --> 01:58.960]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:58.960 --> 02:01.760]  prosecution of marijuana cases in El Paso.
[02:01.760 --> 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 --> 02:22.600]  charged with.
[02:22.600 --> 02:27.200]  A paper by Tulane University identified a five and a half inch American pocket shark
[02:27.200 --> 02:32.360]  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 purposes hypothesized to lure and prey who may be drawn into the
[02:50.040 --> 03:18.080]  glow.
[03:18.080 --> 03:24.680]  Okay, we are back.
[03:24.680 --> 03:28.800]  Randy Kelton, Brett Fountain, Rue Le Blanc Radio.
[03:28.800 --> 03:31.200]  And we've got a couple of callers on the board.
[03:31.200 --> 03:40.120]  So to finish that off on this, we're getting set up to give these municipal courts a romp
[03:40.120 --> 03:45.120]  through the legal system they are not going to believe.
[03:45.120 --> 03:52.400]  When we start filing a T. Cole complaint against every officer who writes a ticket, a bar grievance
[03:52.400 --> 04:01.880]  against every prosecutor who has someone ordered to appear before him, judicial conduct complaints
[04:01.880 --> 04:08.960]  and bar grievances against the judges, these municipal courts will not be able to hire
[04:08.960 --> 04:14.120]  people to enforce traffic.
[04:14.120 --> 04:23.720]  So Brett, imagine you're in the legislature and you have these municipalities coming to
[04:23.720 --> 04:31.040]  you, jumping up and down and revealing a righteous indignation about these no good rotten process
[04:31.040 --> 04:36.040]  scoundrels who are winding their clocks.
[04:36.040 --> 04:37.840]  What are you going to do about it?
[04:37.840 --> 04:45.040]  As a legislator, I would say, well, boys, you should be really thankful that they haven't
[04:45.040 --> 04:49.840]  sued your behinds for not following the law all these years.
[04:49.840 --> 04:57.840]  Well, what would you do if you wanted to put a stop to what we're doing?
[04:57.840 --> 05:11.840]  As a legislator, to take all of this stress off of the municipal courts and everybody?
[05:11.840 --> 05:12.840]  Yeah.
[05:12.840 --> 05:18.160]  Well, they would have to undo all this about examining trials and they would have to take
[05:18.160 --> 05:22.440]  out the part about innocent until proven guilty and they'd have to kind of turn that around
[05:22.440 --> 05:25.920]  so that you're guilty automatically because that's more efficient.
[05:25.920 --> 05:30.280]  Yeah, it wouldn't work out very well.
[05:30.280 --> 05:33.920]  What I'm trying to do is play both sides of the chessboard.
[05:33.920 --> 05:41.320]  I want to figure out what their, let's say they get a really sharp lawyer who's got it
[05:41.320 --> 05:47.280]  on the ball and they sick him on this problem.
[05:47.280 --> 05:54.800]  What's he likely to come up with to throw a roadblock in front of us and how can we
[05:54.800 --> 06:00.840]  head him off before he gets there because these motions and pleadings that we've crafted
[06:00.840 --> 06:05.640]  were crafted with that in mind.
[06:05.640 --> 06:11.280]  How do we craft a set of motions they can't get around?
[06:11.280 --> 06:15.880]  Stuff they can't ignore, stuff we, if they do ignore it, we can hammer them with it.
[06:15.880 --> 06:20.280]  That's one of the first things is the subject matter jurisdiction challenge that haunts
[06:20.280 --> 06:23.800]  them all the way through the system.
[06:23.800 --> 06:28.040]  So what are they going to do to try to stop us?
[06:28.040 --> 06:35.400]  They're probably going to try to come after me for practicing law without a license, but
[06:35.400 --> 06:37.840]  I won't be producing.
[06:37.840 --> 06:43.440]  That's only if you're actually representing someone and it's a civil trial and you're
[06:43.440 --> 06:45.600]  getting compensation for it.
[06:45.600 --> 06:48.920]  All three of those have to be met for it to be.
[06:48.920 --> 06:49.920]  38.123.
[06:49.920 --> 07:01.400]  32.123 says you must hold yourself out as an attorney and represent someone in a property
[07:01.400 --> 07:07.440]  damage or personal injury suit.
[07:07.440 --> 07:17.000]  Now there is another one in the government code about giving legal advice, but I've never
[07:17.000 --> 07:20.240]  had that one brought up.
[07:20.240 --> 07:30.200]  The problem is in Texas there are no requirements to be a paralegal and lawyers say that only
[07:30.200 --> 07:33.120]  lawyers can hire paralegals.
[07:33.120 --> 07:36.360]  And I want to say, where'd you come up with that?
[07:36.360 --> 07:40.720]  Tell them they need a better paralegal to find out whether they're making up laws or
[07:40.720 --> 07:41.720]  not.
[07:41.720 --> 07:48.560]  Yeah, so after all the time I've been doing this, I've never had them come after me, but
[07:48.560 --> 07:49.560]  I'm prepared for that.
[07:49.560 --> 07:52.000]  I expect it at one point to go into.
[07:52.000 --> 07:56.200]  So I never, ever hold myself out as a lawyer.
[07:56.200 --> 08:02.560]  I have people ask me about that all the time and I tell them absolutely I am not a lawyer.
[08:02.560 --> 08:03.560]  That's why I use that.
[08:03.560 --> 08:11.920]  I sleep well and I can keep hands in my own pockets because if someone thinks I'm a lawyer
[08:11.920 --> 08:20.040]  and speaks to other lawyers based on that misconception, I can still have problems.
[08:20.040 --> 08:27.360]  But I'm building a tool so that the computer creates the documents, not me.
[08:27.360 --> 08:30.920]  So they say, well, do you write any documents for this person?
[08:30.920 --> 08:32.800]  I said, no, I never heard of that person.
[08:32.800 --> 08:35.160]  Yeah, but they filed all these documents.
[08:35.160 --> 08:37.560]  Yeah, maybe they did.
[08:37.560 --> 08:39.240]  I still never heard of that person.
[08:39.240 --> 08:41.680]  I certainly didn't give them legal advice.
[08:41.680 --> 08:45.800]  I didn't hold myself out as their attorney.
[08:45.800 --> 08:47.200]  Did you write these documents?
[08:47.200 --> 08:48.200]  No, I didn't.
[08:48.200 --> 08:50.200]  Well, where'd they come from?
[08:50.200 --> 08:51.800]  They come from my computer.
[08:51.800 --> 08:52.800]  Well, I think in your computer.
[08:52.800 --> 08:57.800]  Well, I wrote up the porche pieces of it and put them in the computer.
[08:57.800 --> 09:01.680]  But I didn't write their documents.
[09:01.680 --> 09:07.160]  The computer wrote their documents and no little press has already won that case.
[09:07.160 --> 09:10.840]  The computer cannot be charged with the illegal practice of law.
[09:10.840 --> 09:14.840]  But they're certainly going to come up with something.
[09:14.840 --> 09:20.800]  I just want to be a step ahead of them when they do.
[09:20.800 --> 09:24.440]  I'll keep that question in mind as we go to our callers.
[09:24.440 --> 09:26.720]  We've got a couple of callers on the board.
[09:26.720 --> 09:33.360]  We've got Tina from California, which I'm having a little trouble getting to it because
[09:33.360 --> 09:35.920]  we're running two computers here.
[09:35.920 --> 09:40.440]  My main computer crashed, so I had to bring it up on the notebook and now I've got my
[09:40.440 --> 09:42.720]  main computer up on a secondary driver.
[09:42.720 --> 09:44.720]  It's too complicated.
[09:44.720 --> 09:45.720]  Tina.
[09:45.720 --> 09:46.720]  Sorry about it.
[09:46.720 --> 09:47.720]  I hit it.
[09:47.720 --> 09:48.720]  Hello, Randy.
[09:48.720 --> 09:49.720]  I'm Brett.
[09:49.720 --> 09:50.720]  How's it going?
[09:50.720 --> 09:52.720]  Now, why don't you tell us the truth?
[09:52.720 --> 09:57.960]  You were just out having fun, drinking at the bar, having dinner, and you forgot about
[09:57.960 --> 09:58.960]  the show.
[09:58.960 --> 10:08.680]  Well, that would, I could do if I was, Brett was saying that I needed some more snops.
[10:08.680 --> 10:11.920]  But I've been tea-toddling for a while.
[10:11.920 --> 10:19.360]  I feel a lot better, but I do miss my snops.
[10:19.360 --> 10:23.000]  One day I'll have to send you some wrap-up.
[10:23.000 --> 10:25.920]  I won't say where it came from, but I'll send you some.
[10:25.920 --> 10:26.920]  Okay.
[10:26.920 --> 10:27.920]  I haven't felt well today.
[10:27.920 --> 10:32.680]  I've been lifting weights, and I could do about 15 reps with 50 pounds.
[10:32.680 --> 10:37.800]  Today I couldn't do three, so I kind of got the punies today, and I laid down to take
[10:37.800 --> 10:46.920]  a nap and just crashed, and then my computer completely, the main drive on my computer
[10:46.920 --> 10:49.920]  completely wiped out.
[10:49.920 --> 10:50.920]  Fortunately, I've got-
[10:50.920 --> 10:52.920]  You're not supposed to put your snops there.
[10:52.920 --> 10:53.920]  Yes.
[10:53.920 --> 10:54.920]  Yes.
[10:54.920 --> 10:55.920]  Yes.
[10:55.920 --> 10:56.920]  Yes.
[10:56.920 --> 10:57.920]  Yes.
[10:57.920 --> 10:58.920]  Yes.
[10:58.920 --> 10:59.920]  Yes.
[10:59.920 --> 11:00.920]  Yes.
[11:00.920 --> 11:04.600]  You didn't need that computer because I'm a technical person, and I don't have no idea.
[11:04.600 --> 11:05.600]  Yes.
[11:05.600 --> 11:06.600]  It was odd.
[11:06.600 --> 11:14.440]  The computer was up and working, and I clicked on Skype, and it wouldn't take my password,
[11:14.440 --> 11:19.840]  and it said that my site had been locked out from too many wrong passwords, but I only
[11:19.840 --> 11:20.840]  did one.
[11:20.840 --> 11:24.760]  I said, what in the world is that?
[11:24.760 --> 11:29.840]  And then I shut Skype off and turned it back on, and it wouldn't come back on.
[11:29.840 --> 11:36.840]  I said, something's wrong, so I rebooted the computer, and when I rebooted the computer,
[11:36.840 --> 11:42.880]  it wouldn't- the main drive wouldn't boot at all, so I'm going to have to run a repair
[11:42.880 --> 11:47.080]  on it, which will take about a half a day, so I'll do that tomorrow.
[11:47.080 --> 11:48.080]  Okay.
[11:48.080 --> 11:50.600]  What do you have for us today, Ms. Tina?
[11:50.600 --> 11:52.800]  Well, I have two questions.
[11:52.800 --> 11:59.640]  One, I was listening earlier to your- the recorded line, and you know, you said something
[11:59.640 --> 12:08.160]  about people have to have an examining trial, or, you know, the case came to a return.
[12:08.160 --> 12:15.120]  Now, if we get Mnuchin in front of the current jury, does he have to have an examining trial,
[12:15.120 --> 12:20.760]  and because he has plenty of money and big lawyers, will they know that he should have
[12:20.760 --> 12:27.960]  that, and how would it affect anything if, you know, it gets presented?
[12:27.960 --> 12:28.960]  Okay.
[12:28.960 --> 12:35.360]  I have been working on that, and the short answer is no.
[12:35.360 --> 12:43.960]  Now, under law, yes, but in the real world, no.
[12:43.960 --> 12:56.000]  Under law, an indictment cannot exist unless the person has been arrested, and under Texas
[12:56.000 --> 13:04.960]  law, if someone is arrested, they are required to be taken directly to the nearest magistrate,
[13:04.960 --> 13:09.600]  and when they get to the magistrate, the first thing they're given the opportunity to do
[13:09.600 --> 13:12.680]  is inter-exculptory evidence.
[13:12.680 --> 13:13.680]  That's what the law says.
[13:13.680 --> 13:29.440]  That's what it specifically commands, 2022, that's the last statute under grand juries.
[13:29.440 --> 13:38.920]  It says that after the grand jury has voted, then the grand jury shall come before the
[13:38.920 --> 13:48.480]  court or the clerk with a quorum of the grand jury present, and give notice to the clerk
[13:48.480 --> 13:49.960]  of all true bills.
[13:49.960 --> 13:57.240]  It doesn't say anything about no bills, which is a problem, but not at the moment.
[13:57.240 --> 14:04.360]  The clerk shall make notes in the minutes of the court unless the person has not been
[14:04.360 --> 14:11.320]  arrested, in which case, and I'm not quoting here because I don't have that exact word
[14:11.320 --> 14:19.360]  in memory, but it tells the clerk she cannot enter notes in the minutes of the court.
[14:19.360 --> 14:25.440]  She must instead issue a capious warrant for the person's arrest, and once the person has
[14:25.440 --> 14:32.800]  been arrested, then the clerk may make notations in the minutes of the court.
[14:32.800 --> 14:36.040]  There can be no indictment.
[14:36.040 --> 14:44.240]  There can be one, but it can't be filed with a court until the person has been arrested,
[14:44.240 --> 14:48.960]  and when the person's been arrested, then they have a right to an examining trial, and
[14:48.960 --> 14:53.640]  at the examining trial, they get to inter-exculptory evidence.
[14:53.640 --> 15:00.280]  I sent a criminal complaint to the Chief Justice of the Supreme.
[15:00.280 --> 15:04.120]  I filed against the governor on October 8.
[15:04.120 --> 15:11.640]  On October 9, I sent a complaint to the Chief Justice of the Supreme and alleged that since
[15:11.640 --> 15:20.800]  I was filing against the highest officer in the executive branch, it was appropriate that
[15:20.800 --> 15:28.480]  I filed a complaint with the highest officer in the judicial branch, and I asked him to
[15:28.480 --> 15:32.920]  hold an examining trial on my allegations.
[15:32.920 --> 15:40.560]  He ignored them, so I filed a criminal complaint against him with the presiding judge of the
[15:40.560 --> 15:49.000]  court of criminal appeals, alleging that Judge Hetch, or Justice Hetch, the Chief Justice
[15:49.000 --> 15:56.480]  of the Supreme, denied the governor in due process by refusing him the opportunity to
[15:56.480 --> 15:58.800]  inter-exculptory evidence.
[15:58.800 --> 16:08.360]  Now the governor will have to go before a grand jury with only my complaint, just like
[16:08.360 --> 16:15.920]  the presiding judge of the court of criminal appeals did in 2008.
[16:15.920 --> 16:18.520]  Just like Mnuchin will certainly have to do.
[16:18.520 --> 16:19.520]  Exactly.
[16:19.520 --> 16:30.200]  And Sharon Turner, Sharon Keller is, I'm sorry, Shelly Keller, I think is her name, the presiding
[16:30.200 --> 16:36.320]  judge of the court of criminal appeals was the presiding judge when I filed criminal charges
[16:36.320 --> 16:42.720]  against them and got them put in front of a grand jury, and they had to go in front
[16:42.720 --> 16:46.840]  of a grand jury with only my story.
[16:46.840 --> 16:51.840]  Grand juries in Travis County sit for three months.
[16:51.840 --> 16:57.720]  This grand jury got the complaints on their first day and fell off the cliff.
[16:57.720 --> 17:00.240]  We're going to break with them right back.
[17:00.240 --> 17:05.520]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[17:05.520 --> 17:09.200]  Stop debt collectors now with the Michael Meares proven method.
[17:09.200 --> 17:13.360]  Michael Meares has won six cases in federal court against debt collectors and now you
[17:13.360 --> 17:14.360]  can win two.
[17:14.360 --> 17:19.200]  You'll get step-by-step instructions in plain English on how to win in court using federal
[17:19.200 --> 17:24.920]  civil rights statute, what to do when contacted by phones, mail, or court summons, how to answer
[17:24.920 --> 17:29.560]  letters and phone calls, how to get debt collectors out of your credit reports, how to turn the
[17:29.560 --> 17:33.760]  financial tables on them and make them pay you to go away.
[17:33.760 --> 17:38.880]  The Michael Meares proven method is the solution for how to stop debt collectors.
[17:38.880 --> 17:41.040]  Personal consultation is available as well.
[17:41.040 --> 17:46.560]  For more information, please visit ruleoflawradio.com and click on the blue Michael Meares banner
[17:46.560 --> 17:49.480]  or email Michael Meares at yahoo.com.
[17:49.480 --> 17:59.120]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors
[17:59.120 --> 18:00.120]  now.
[18:00.120 --> 18:04.520]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[18:04.520 --> 18:08.160]  In today's America we live in an us against them society and if we the people are ever
[18:08.160 --> 18:12.520]  going to have a free society then we're going to have to stand and defend our own rights.
[18:12.520 --> 18:15.560]  Among those rights are the right to travel freely from place to place, the right to act
[18:15.560 --> 18:19.560]  in our own private capacity and most importantly the right to due process of law.
[18:19.560 --> 18:22.920]  Traffic courts have brought us the least expensive opportunity to learn how to enforce
[18:22.920 --> 18:24.920]  and preserve our rights through due process.
[18:24.920 --> 18:28.800]  Former Sheriff's Deputy Dave Craig in conjunction with Rule of Law Radio has put together the
[18:28.800 --> 18:32.560]  most comprehensive teaching tool available that will help you understand what due process
[18:32.560 --> 18:34.640]  is and how to hold courts to the rule of law.
[18:34.640 --> 18:38.960]  You can get your own copy of this invaluable material by going to ruleoflawradio.com and
[18:38.960 --> 18:40.280]  ordering your copy today.
[18:40.280 --> 18:43.480]  By ordering now you'll receive a copy of Eddie's book The Texas Transportation Code,
[18:43.480 --> 18:48.040]  The Law Versus the Laha, video and audio of the original 2009 seminar, hundreds of research
[18:48.040 --> 18:50.360]  documents and other useful resource material.
[18:50.360 --> 18:54.320]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[18:54.320 --> 19:08.360]  Remember your copy today and together we can have free society we all want and deserve.
[19:08.360 --> 19:25.720]  Well don't let nothing get to you, only the father can do it by you, don't let bad-mined
[19:25.720 --> 19:26.720]  people hurt you, and tell sys and get behind.
[19:26.720 --> 19:27.720]  You know what I mean?
[19:27.720 --> 19:28.720]  My friend and all our judges will come.
[19:28.720 --> 19:38.720]  Trust in God, my friend, tell Him your problem then, call and His name once again.
[19:38.720 --> 19:43.720]  Here we go, you know you will stay in.
[19:43.720 --> 19:48.720]  Trust in God, my friend, tell Him your problem then, call and His name once again.
[19:48.720 --> 19:52.720]  Here we go, you know you will stay in.
[19:52.720 --> 20:02.720]  Trust in God, my friend, tell Him your problem then, call and His name once again.
[20:02.720 --> 20:12.720]  Trust in God, my friend, tell Him your problem then, call and His name once again.
[20:12.720 --> 20:22.400]  On this Friday, the 22nd day of January 2021, and over the break we looked up the statue
[20:22.400 --> 20:29.600]  that I was referencing, 2021, Texas Code of Criminal Procedure, when the indictment is
[20:29.600 --> 20:36.800]  ready to be presented, the grand jury shall, through their foreman, deliver the indictment
[20:36.800 --> 20:43.240]  to the judge or clerk of the court, at least nine members of the grand jury shall be present
[20:43.240 --> 20:49.080]  on such occasion, 2022.
[20:49.080 --> 20:54.520]  The fact of a presentment of indictment by a grand jury shall be entered into the record
[20:54.520 --> 21:00.400]  of the court, if the defendant is in custody or under bond, noting briefly the style of
[21:00.400 --> 21:05.040]  the criminal action, the file number of the indictment, and the defendant's name.
[21:05.040 --> 21:11.520]  If the defendant is not in custody or under bond at the time of the presentment of indictment,
[21:11.520 --> 21:17.240]  the indictment may not be made public, and the entry in the record of the court relating
[21:17.240 --> 21:24.000]  to the indictment must be delayed until the capious is served and the defendant is placed
[21:24.000 --> 21:28.240]  in custody or under bond.
[21:28.240 --> 21:36.800]  You can't have an indictment until the person's been arrested, and if they've been arrested,
[21:36.800 --> 21:40.080]  they had a right to an examining trial.
[21:40.080 --> 21:46.480]  You can have an indictment, but it can't be filed in the court record.
[21:46.480 --> 21:49.000]  That's my story, and I'm sticking to it.
[21:49.000 --> 21:52.280]  Well, they did actually change up the language of it.
[21:52.280 --> 21:55.560]  This has been rewritten, but it effectively says that same thing now.
[21:55.560 --> 21:59.280]  There's no longer any 20, chapter 20.
[21:59.280 --> 22:01.480]  It's now chapter 20a.
[22:01.480 --> 22:03.400]  When did they change that?
[22:03.400 --> 22:05.200]  Because three weeks ago.
[22:05.200 --> 22:09.000]  Oh, this is the newest one.
[22:09.000 --> 22:12.000]  That's going to be the only...
[22:12.000 --> 22:14.680]  It still says effectively these same pieces are still in there, though.
[22:14.680 --> 22:22.720]  It says that all this about the nine members, and if the defendant is not in custody or under
[22:22.720 --> 22:27.320]  bond at the time the indictment is presented, the indictment may not be made public, and
[22:27.320 --> 22:32.600]  the entry in the court's record relating to the indictment must be delayed until the
[22:32.600 --> 22:36.240]  capious is served and the defendant is placed in custody or under bond.
[22:36.240 --> 22:37.240]  Yes.
[22:37.240 --> 22:48.480]  I'm in Wise County, and they don't have all of their indictments or faulty because they
[22:48.480 --> 22:50.600]  haven't followed these rules.
[22:50.600 --> 23:02.840]  How do we make sure that the DA follows the rules so that Mnuchin can't wiggle out of
[23:02.840 --> 23:03.840]  it?
[23:03.840 --> 23:04.840]  We don't.
[23:04.840 --> 23:08.760]  We don't want him to have an examining trial.
[23:08.760 --> 23:09.760]  We don't want him.
[23:09.760 --> 23:12.760]  But he'll know.
[23:12.760 --> 23:19.960]  For him, at the end of the day, it won't make any difference because all they do is delay
[23:19.960 --> 23:26.160]  action on the indictment until he's arrested.
[23:26.160 --> 23:34.280]  It doesn't stop the grand jury from voting on and creating the indictment.
[23:34.280 --> 23:37.120]  The indictment will exist.
[23:37.120 --> 23:41.480]  It just won't get filed with the court until he's been arrested.
[23:41.480 --> 23:42.480]  Okay.
[23:42.480 --> 23:48.520]  Let me just stick in what happened because that will be a wonderful day.
[23:48.520 --> 23:55.000]  Because in this case, we don't want him to get opportunity to send his high-priced lawyers
[23:55.000 --> 24:01.240]  down there and do a bunch of song and dance and salsa dinopants.
[24:01.240 --> 24:08.640]  We want him to go before the grand jury with no expulatory evidence.
[24:08.640 --> 24:09.640]  Okay.
[24:09.640 --> 24:15.520]  It's a little hypocritical.
[24:15.520 --> 24:21.160]  Well, I got that part, but it is what it is.
[24:21.160 --> 24:23.680]  We use what we got.
[24:23.680 --> 24:25.400]  It's at least fair.
[24:25.400 --> 24:26.400]  Yeah.
[24:26.400 --> 24:33.960]  I did send a text to Brett, by the way, that the assistant to the DA, the British guy, he
[24:33.960 --> 24:42.720]  told me today that he had got the criminal complaint for the California attorney uploaded
[24:42.720 --> 24:45.120]  to his inbox.
[24:45.120 --> 24:52.680]  So even though it took nine days to get there by priority two-day mail, he did get it because
[24:52.680 --> 25:02.240]  I did send it to him and I reminded him yesterday that it was actually delivered and he said
[25:02.240 --> 25:05.960]  his assistant had uploaded it to his email.
[25:05.960 --> 25:06.960]  Yes.
[25:06.960 --> 25:13.000]  We have a little banter going back and forth, you know, about not being able to speak the
[25:13.000 --> 25:17.960]  correct language and not being technically savvy and his teenage kids, you know, tease
[25:17.960 --> 25:23.240]  him about that and because I told him that I wasn't technically savvy enough to create
[25:23.240 --> 25:29.480]  a PowerPoint presentation for him, but he could use whatever I've got to do that.
[25:29.480 --> 25:34.600]  So let's keep our fingers crossed, but my next question, I have a question on proof of
[25:34.600 --> 25:35.600]  service.
[25:35.600 --> 25:40.600]  This is interesting because there's a lot of different things about proof of service
[25:40.600 --> 25:45.360]  that people don't know that when you sign them, you're actually committing perjury if
[25:45.360 --> 25:55.560]  you don't send a blank one first, but I sent a proof of service to this attorney for the
[25:55.560 --> 26:04.120]  party that defrauded a bunch of people in this consignment store issue and I filed an
[26:04.120 --> 26:08.760]  adversary proceeding in her bankruptcy and that's all your fault, Randy.
[26:08.760 --> 26:15.120]  You unbreath because you're teaching me to be really bad and so I did that and her bankruptcy
[26:15.120 --> 26:19.960]  has been going down for a long time and she hasn't been able to, you know, discharge these
[26:19.960 --> 26:27.960]  debts, but I filed this proof of service and I put it in, you know, I was on it.
[26:27.960 --> 26:32.400]  I had my partner put it in the mail and it was on a Sunday.
[26:32.400 --> 26:38.720]  We took it into the mailbox on a Sunday because our post office has a part of it.
[26:38.720 --> 26:50.080]  That is open 24 hours and you can deposit things in the USPS mail box 24, 24, 7.
[26:50.080 --> 26:53.040]  I have three places that I can do that.
[26:53.040 --> 26:58.160]  Now he says it's technically defective because the post office isn't open on a Sunday.
[26:58.160 --> 26:59.440]  Well, wait a minute.
[26:59.440 --> 27:05.560]  It says served by United States mail date.
[27:05.560 --> 27:11.680]  I served the following persons or entered into the last known address in this bankruptcy
[27:11.680 --> 27:17.200]  case or adversary proceeding by placing a true and correct copy thereof in a sealed
[27:17.200 --> 27:26.960]  envelope in the United States mail, first class postage prepaid, so isn't that technically
[27:26.960 --> 27:31.720]  correct for saying I served on that date?
[27:31.720 --> 27:39.720]  The Sunday argument is frivolous because if it's filed on Sunday and the post office
[27:39.720 --> 27:46.040]  is not open, then it is moved up to the next day.
[27:46.040 --> 27:54.440]  Then your time to file cannot land on a day that the post office is closed.
[27:54.440 --> 28:01.880]  If the post office is closed on that day, your time to file is extended one day.
[28:01.880 --> 28:09.560]  Or two days, however many it takes to get the post office back open again.
[28:09.560 --> 28:10.560]  So his argument is frivolous.
[28:10.560 --> 28:15.720]  Well, that's what I'm saying because I said to him, I said, well, I think my post office
[28:15.720 --> 28:22.200]  is open for depositing mail into the USPS mail box 24, 7.
[28:22.200 --> 28:33.640]  And he said, the post office is closed on a Sunday, so that's aggravated perjury.
[28:33.640 --> 28:40.640]  Just a bar grieve and then move on to the motion for sanctions.
[28:40.640 --> 28:43.080]  Yeah, it's a frivolous argument.
[28:43.080 --> 28:49.480]  It is frivolous and he's just trying to get at me, so he's going to get a nice bar grieve
[28:49.480 --> 28:53.240]  and he's not going to like it.
[28:53.240 --> 28:58.640]  He should get a bar grieve, that should get a bar grieve, it's for failure to speak with
[28:58.640 --> 29:00.320]  tender to the court.
[29:00.320 --> 29:06.800]  Well, that's three of those that he's got for failure to speak with tender to the court.
[29:06.800 --> 29:15.080]  When I read, he just sent us the response to the request for documents.
[29:15.080 --> 29:17.080]  It's hilarious.
[29:17.080 --> 29:25.080]  It's so hilarious, he's client has totally contributed herself.
[29:25.080 --> 29:29.440]  I'm just in the process of trying to make that up and send him a response back about
[29:29.440 --> 29:30.440]  that.
[29:30.440 --> 29:37.800]  And I'm just wondering if I should file a document in the court stating that, you know, because
[29:37.800 --> 29:42.640]  I know you don't have to file the discovery documents in the court.
[29:42.640 --> 29:52.320]  You don't unless they fail to respond in good faith, in which case you file with the court
[29:52.320 --> 29:55.960]  and ask the court to order them to respond in good faith.
[29:55.960 --> 30:01.160]  Oh, yeah, we'll have to talk about that more in a moment.
[30:01.160 --> 30:05.600]  Everyone knows that walking is great exercise, but you might not know that the way you walk
[30:05.600 --> 30:07.880]  could predict how long you're going to live.
[30:07.880 --> 30:13.000]  I'm Dr. Katherine Albrecht and I'll be back to tell you more about walking prognostication
[30:13.000 --> 30:14.680]  in just a moment.
[30:14.680 --> 30:16.280]  Privacy is under attack.
[30:16.280 --> 30:19.880]  When you give up data about yourself, you'll never get it back again.
[30:19.880 --> 30:24.640]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:24.640 --> 30:26.080]  So protect your rights.
[30:26.080 --> 30:29.880]  Say no to surveillance and keep your information to yourself.
[30:29.880 --> 30:32.400]  Privacy, it's worth hanging on to.
[30:32.400 --> 30:36.720]  This public service announcement is brought to you by StartPage.com, the private search
[30:36.720 --> 30:40.240]  and an alternative to Google, Yahoo, and Bing.
[30:40.240 --> 30:42.200]  Start over with StartPage.
[30:42.200 --> 30:47.960]  New research shows how fast you walk could predict how long you're going to live.
[30:47.960 --> 30:52.520]  The Journal of the American Medical Association reports that older adults who walk one meter
[30:52.520 --> 30:55.760]  per second or faster live longer than expected.
[30:55.760 --> 31:00.160]  In case you're wondering, one meter per second is about two and a quarter miles per hour.
[31:00.160 --> 31:04.840]  A senior's age, gender, and walking speed were as good at predicting life expectancy
[31:04.840 --> 31:07.280]  as more traditional statistical measures.
[31:07.280 --> 31:10.480]  Generally speaking, faster walkers live longer.
[31:10.480 --> 31:13.000]  Measuring walking speed is quick and inexpensive.
[31:13.000 --> 31:16.840]  It only takes a stopwatch, some space to walk, and a few minutes.
[31:16.840 --> 31:21.040]  Researchers say it could help doctors identify older patients who need special care.
[31:21.040 --> 31:22.920]  I'm Dr. Catherine Albrecht.
[31:22.920 --> 31:30.440]  More news and information at CatherineAlbrecht.com.
[31:30.440 --> 31:31.440]  I lost my son.
[31:31.440 --> 31:32.440]  My nephew.
[31:32.440 --> 31:33.440]  My uncle.
[31:33.440 --> 31:34.440]  My son.
[31:34.440 --> 31:35.440]  My uncle.
[31:35.440 --> 31:38.680]  Most people don't know that a third tower fell on September 11.
[31:38.680 --> 31:42.800]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:42.800 --> 31:46.680]  I will be official explanation is that fire brought down Building 7.
[31:46.680 --> 31:51.520]  Over 1,200 architects and engineers have looked into the evidence and believed there is more
[31:51.520 --> 31:52.520]  to the story.
[31:52.520 --> 31:53.880]  Bring justice to my son.
[31:53.880 --> 31:54.880]  My uncle.
[31:54.880 --> 31:55.880]  My nephew.
[31:55.880 --> 31:56.880]  My son.
[31:56.880 --> 31:57.880]  Go to BuildingWhat.org.
[31:57.880 --> 32:01.000]  Why it fell, why it matters, and what you can do.
[32:01.000 --> 32:05.760]  Logos Radio Network welcomes a new show to our lineup for the new year.
[32:05.760 --> 32:12.000]  Scripture Talk with Nana will begin Wednesday, January 8 from 8 to 10 p.m. central time.
[32:12.000 --> 32:15.080]  Our goal is in accord with Matthew 5.16.
[32:15.080 --> 32:20.120]  Let your light so shine before men that they may see your good works and glorify your Father
[32:20.120 --> 32:21.680]  which is in heaven.
[32:21.680 --> 32:26.520]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:26.520 --> 32:32.040]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed
[32:32.040 --> 32:35.160]  to provoke unto love and good works.
[32:35.160 --> 32:39.560]  Our verse by verse Bible studies will begin in the book of Matthew where we will discuss
[32:39.560 --> 32:41.320]  one chapter per week.
[32:41.320 --> 32:46.400]  Our topical Bible studies will vary each week and will explore sound doctrine as well as
[32:46.400 --> 32:48.600]  Christian character development.
[32:48.600 --> 32:55.680]  So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. starting
[32:55.680 --> 33:02.240]  January 8 for an inspiring and motivating discussion of the Scriptures.
[33:02.240 --> 33:31.240]  Live free speech radio, LogosRadioNetwork.com.
[33:32.240 --> 33:58.520]  Okay, we are back, Randy Calton, Brett Fountain, Rule of Law Radio on this the 22nd day of
[33:58.520 --> 34:06.840]  January 2021 and we were talking about what I lost my place when I didn't almost fall
[34:06.840 --> 34:08.840]  off the cliff.
[34:08.840 --> 34:14.640]  Oh, Tina, we can't hear you.
[34:14.640 --> 34:17.040]  I have to juggle two Mises.
[34:17.040 --> 34:20.040]  Okay, you're unmuted, Tina.
[34:20.040 --> 34:30.040]  There you go, so we were talking about filing with the court to require the defendant to
[34:30.040 --> 34:34.440]  respond properly to these requests.
[34:34.440 --> 34:44.440]  Wait, one word I like to use with those when they don't do right is incompetence.
[34:44.440 --> 34:52.080]  It's the first rule in the bar grievance and the professional ethics rules and it seems
[34:52.080 --> 34:57.640]  to fit a lot of their behavior and so I like to just go ahead and chant incompetence everywhere
[34:57.640 --> 35:01.760]  that it seems to fit.
[35:01.760 --> 35:05.960]  And that's especially good because it's so insulting.
[35:05.960 --> 35:16.120]  I like that, well, just one example of how they responded to a request for something
[35:16.120 --> 35:27.480]  and they said, well, this art that she's claiming that we had, it is sun damaged, which it wasn't
[35:27.480 --> 35:31.320]  because it was always kept in blankets, and dated.
[35:31.320 --> 35:37.680]  What do you mean by art is dated?
[35:37.680 --> 35:40.120]  And also it was an unknown artist.
[35:40.120 --> 35:48.360]  This is an artist not only has done work for Ronald Reagan, Michael Jackson, John Lennon
[35:48.360 --> 35:54.680]  and others, and they're claiming he's an unknown artist.
[35:54.680 --> 36:03.240]  Well, you should challenge that by saying simply because you don't know this artist
[36:03.240 --> 36:12.520]  doesn't mean nobody else knows this artist, just because you can't read.
[36:12.520 --> 36:17.920]  People who actually pay attention to fine art, they all know who this guy is.
[36:17.920 --> 36:26.400]  And the other thing is, he claims she's never seen an appraisal or any documentation about
[36:26.400 --> 36:27.400]  this.
[36:27.400 --> 36:30.760]  She actually was given the appraisal by me.
[36:30.760 --> 36:40.040]  She kept it for many months and then right before I went to visit my mom and she was
[36:40.040 --> 36:43.480]  getting evicted but she was not telling people that.
[36:43.480 --> 36:49.480]  She said, she gave me the appraisal back and some prints by the Stem Artist and said,
[36:49.480 --> 36:53.960]  you know, you need to take this because in the move these might get damaged because
[36:53.960 --> 36:54.960]  they were in an envelope.
[36:54.960 --> 36:58.160]  I said, well, what about the frames pieces?
[36:58.160 --> 37:00.440]  Oh, they'll be fine in the move.
[37:00.440 --> 37:01.960]  I'm just worried about this.
[37:01.960 --> 37:04.320]  And by the way, there's the appraisal.
[37:04.320 --> 37:05.320]  You should take that.
[37:05.320 --> 37:07.320]  Now she's denying it.
[37:07.320 --> 37:16.320]  Now, how do you go about stating this person's laying out their, you know, rearrange?
[37:16.320 --> 37:25.840]  I mean, how do we actually state this person is just a flat-out liar for everything she's
[37:25.840 --> 37:26.840]  convicted?
[37:26.840 --> 37:33.320]  And how do you claim that you do it with a motion, you do it with a motion for sanctions?
[37:33.320 --> 37:34.320]  Mm-hmm.
[37:34.320 --> 37:44.240]  If you asked the court to sanction the lawyer for lying to the court, okay, now she might
[37:44.240 --> 37:52.040]  not have seen the appraisal in the record, doesn't matter.
[37:52.040 --> 37:56.040]  Before she speaks to the record, she needs to look at it.
[37:56.040 --> 38:01.800]  If this appraisal is in the record and she said it wasn't, that's aggravated perjury.
[38:01.800 --> 38:08.120]  And use some language like with intent to deceive and defraud, use some language like
[38:08.120 --> 38:09.120]  that.
[38:09.120 --> 38:18.600]  So I actually file a motion for sanction and a motion for them to respond with, what did
[38:18.600 --> 38:23.320]  you say, respond to the request?
[38:23.320 --> 38:24.320]  How?
[38:24.320 --> 38:28.000]  Oh, a motion for discovery.
[38:28.000 --> 38:29.000]  Yeah.
[38:29.000 --> 38:34.920]  You file a motion to ask the court to order discovery?
[38:34.920 --> 38:42.440]  To order profit discovery, because we're getting responses, but everything is overpulled,
[38:42.440 --> 38:50.960]  vague, immaterial, she doesn't have it, you know, you're expressing the wrong thing.
[38:50.960 --> 38:56.000]  Okay, those you would have to address each one.
[38:56.000 --> 38:57.000]  Mm-hmm.
[38:57.000 --> 38:59.600]  But do I address them with the court?
[38:59.600 --> 39:11.240]  Yeah, you ask the court, you file your motion, your request to the court to order discovery
[39:11.240 --> 39:18.000]  and address each issue that she failed to properly respond to.
[39:18.000 --> 39:20.000]  Okay.
[39:20.000 --> 39:29.880]  And saying that she doesn't have certain documents, what were the importance of those documents?
[39:29.880 --> 39:34.560]  Let me tell you why I'm asking that question.
[39:34.560 --> 39:42.080]  If the other side has made a claim and you've asked for documentation to support the claim
[39:42.080 --> 39:49.840]  and they don't have documentation to support the claim, then you ask the court to throw
[39:49.840 --> 39:54.320]  out the claim.
[39:54.320 --> 40:02.000]  If they don't want to produce any evidence to support the claim, then the inference must
[40:02.000 --> 40:05.200]  be that the claim is not supportable.
[40:05.200 --> 40:10.440]  They just made it up.
[40:10.440 --> 40:14.160]  They're making a proactive statement out of their own mouth.
[40:14.160 --> 40:24.760]  Part of what we've asked for is to prove that she is not credible, that she is basically
[40:24.760 --> 40:35.080]  lying to the bankruptcy court, and this person already has three or four, I think it's two
[40:35.080 --> 40:41.840]  felony and the one misdemeanor count of, you know, trying to arrive in bad check, that
[40:41.840 --> 40:48.400]  you know, in the process of being heard, she's under investigation by the DA who has 70
[40:48.400 --> 40:49.400]  complaints.
[40:49.400 --> 40:50.400]  Okay.
[40:50.400 --> 40:56.240]  Writing bad checks is an act of moral turpitude.
[40:56.240 --> 41:05.320]  There are a few things that go to moral turpitude, cheating on your spouse is one of them, and
[41:05.320 --> 41:10.400]  I hammered the sheriff with one of those because his wife divorced him because he cheated on
[41:10.400 --> 41:16.280]  her, and I called it an act of moral turpitude, it's right there in the law.
[41:16.280 --> 41:22.880]  There are a few things that are moral turpitude, and bad checks was one of them, and that just
[41:22.880 --> 41:23.880]  sounds so nasty.
[41:23.880 --> 41:24.880]  It does.
[41:24.880 --> 41:25.880]  It does.
[41:25.880 --> 41:26.880]  Downright dirty.
[41:26.880 --> 41:31.680]  Kind of like that depraved heart assault because it has a certain ring to it.
[41:31.680 --> 41:36.000]  You want to go wash yourself after you've heard it.
[41:36.000 --> 41:48.040]  Well, if you write a bad check over $1,000, it is a felony, if it's $100,000 it's a misdemeanor.
[41:48.040 --> 41:49.840]  So did she write one over $1,000?
[41:49.840 --> 41:53.880]  Oh yeah, she's got two felonies against her and one misdemeanor.
[41:53.880 --> 41:54.880]  Okay.
[41:54.880 --> 41:58.800]  Yeah, those are moral turpitude, and that goes to her veracity.
[41:58.800 --> 42:05.960]  That goes directly to it, so you can ask her to be disqualified as a credible witness.
[42:05.960 --> 42:14.280]  And in the American Bar Association, that goes to rule 4.1, truthfulness and statements
[42:14.280 --> 42:15.280]  to others.
[42:15.280 --> 42:16.280]  Okay.
[42:16.280 --> 42:27.280]  Yeah, because her money finds the unresponsive and, you know, she has to check this.
[42:27.280 --> 42:33.280]  So that's another bad reason to do this.
[42:33.280 --> 42:34.280]  Okay.
[42:34.280 --> 42:44.080]  I'm having a little trouble understanding you.
[42:44.080 --> 42:45.080]  You're getting kind of muffled.
[42:45.080 --> 42:50.560]  I said, oh, I said I'm going to have, I've got a lot of work ahead of me writing these
[42:50.560 --> 42:57.040]  blog reasons against this monitor and this, plus the others, so what is going to be fun?
[42:57.040 --> 43:00.840]  And that's all my questions for tonight, so I'll let you go to someone else.
[43:00.840 --> 43:01.840]  Okay.
[43:01.840 --> 43:03.920]  Well, thank you very much, Tina.
[43:03.920 --> 43:06.920]  And now we're going to go to Bob in Texas.
[43:06.920 --> 43:09.920]  Bob, what do you have for us today?
[43:09.920 --> 43:18.360]  Well, just maybe a little straightened out, as I always need, but I've been looking up
[43:18.360 --> 43:25.600]  the authorities of police when they make an arrest, which are listed 210 times in the
[43:25.600 --> 43:28.240]  Code of Criminal Procedure.
[43:28.240 --> 43:35.720]  There's two places that explicitly list their authorities and what they shall or have to
[43:35.720 --> 43:36.720]  do.
[43:36.720 --> 43:49.160]  Of course, one you mentioned, 1406 and the next was 543.002 and 543.002 in the Transportation
[43:49.160 --> 43:54.640]  Code says they'll have three options, they can write you a citation, they can write you
[43:54.640 --> 43:57.360]  a warning, or they can take you.
[43:57.360 --> 44:00.680]  Or you can dive off the cliff, we'll be right back.
[44:00.680 --> 44:06.680]  Through advances in technology, our lives have greatly improved, except in the area of nutrition.
[44:06.680 --> 44:11.400]  People feed their pets better than they feed themselves, and it's time we changed all that.
[44:11.400 --> 44:17.080]  Our primary defense against aging and disease in this toxic environment is good nutrition.
[44:17.080 --> 44:22.520]  In a world where natural foods have been irradiated, adulterated, and mutilated, young
[44:22.520 --> 44:28.000]  Jeviti can provide the nutrients you need, Logos Radio Network gets many requests to
[44:28.000 --> 44:31.680]  endorse all sorts of products, most of which we reject.
[44:31.680 --> 44:38.320]  We have come to trust Jeviti so much, we became a marketing distributor along with Alex Jones,
[44:38.320 --> 44:39.720]  Ben Fuchs, and many others.
[44:39.720 --> 44:46.080]  When you order from LogosRadioNetwork.com, your health will improve as you help support
[44:46.080 --> 44:47.680]  quality radio.
[44:47.680 --> 44:53.200]  As you realize the benefits of Jeviti, you may want to join us, as a distributor, you
[44:53.200 --> 44:59.280]  can experience improved health, help your friends and family, and increase your income.
[44:59.280 --> 45:00.280]  Order now.
[45:00.280 --> 45:04.400]  Are you the plaintiff or defendant in a lawsuit?
[45:04.400 --> 45:10.280]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, four-CD
[45:10.280 --> 45:14.880]  course that will show you how in 24 hours, step by step.
[45:14.880 --> 45:18.920]  If you have a lawyer, know what your lawyer should be doing.
[45:18.920 --> 45:22.880]  If you don't have a lawyer, know what you should do for yourself.
[45:22.880 --> 45:28.240]  Thousands have won with our step-by-step course, and now you can too.
[45:28.240 --> 45:34.760]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[45:34.760 --> 45:39.240]  Even if you're not in a lawsuit, you can learn what everyone should understand about
[45:39.240 --> 45:43.600]  the principles and practices that control our American courts.
[45:43.600 --> 45:49.720]  We'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.720 --> 45:52.200]  prosa tactics, and much more.
[45:52.200 --> 45:56.480]  Please visit ruleoflawradio.com and click on the banner.
[45:56.480 --> 46:25.480]  These are called toll-free 866-LAW-E-Z.
[46:25.480 --> 46:52.360]  Thank you.
[46:52.360 --> 47:02.400]  Okay, we are back, Randy Kelton, Brett Fountain, the wheel of law radio, and we're talking
[47:02.400 --> 47:08.440]  to Bob in Texas, if I can get my mouse in game, I'm muted, there we go, Bob.
[47:08.440 --> 47:11.440]  Okay, sorry about that, we ran out of time.
[47:11.440 --> 47:12.440]  No problem.
[47:12.440 --> 47:13.440]  Okay, go ahead.
[47:13.440 --> 47:20.040]  All I was doing is making a point on their authority and what they are commanded by
[47:20.040 --> 47:22.040]  law to do.
[47:22.040 --> 47:28.880]  In any place where in the Code of Criminal Procedure, give them the authority to arrest
[47:28.880 --> 47:36.920]  or stop like in traffic, they only have three options, write your citation, write your warning,
[47:36.920 --> 47:39.560]  or take you to a magistrate.
[47:39.560 --> 47:46.600]  On the citation, there is no requirement for the recipient to sign by law.
[47:46.600 --> 47:53.000]  It's just an agreement they added to the citation, I believe, as a ground, but that's
[47:53.000 --> 47:54.000]  my opinion.
[47:54.000 --> 48:01.880]  Hold on, that's true, you don't have to sign, but if you don't sign, then the officer no
[48:01.880 --> 48:07.400]  longer has the option of releasing you on your own recognizance, now he has to arrest
[48:07.400 --> 48:09.400]  you.
[48:09.400 --> 48:13.280]  And take you directly to the magistrate.
[48:13.280 --> 48:16.360]  To the nearest magistrate, exactly.
[48:16.360 --> 48:28.720]  Now 543.002, that applies if he doesn't allow you to sign the citation and promise to appear.
[48:28.720 --> 48:32.640]  If he arrests you and doesn't give you the opportunity to sign, then he has to take you
[48:32.640 --> 48:34.880]  directly to your magistrate.
[48:34.880 --> 48:44.920]  By the 003, 4, 5, and 6, go to him allowing you to sign a promise to appear, but 6 is
[48:44.920 --> 48:49.680]  clear that the promise to appear is before a magistrate.
[48:49.680 --> 48:50.920]  Yes.
[48:50.920 --> 48:55.160]  So it's always a magistrate no matter what?
[48:55.160 --> 49:01.040]  You can request it, or he is forbidden to take you anywhere but there.
[49:01.040 --> 49:06.920]  He doesn't have the authority given to him by law to take you to jail.
[49:06.920 --> 49:14.160]  That is exactly what I'm about to start hammering him with.
[49:14.160 --> 49:20.160]  I'm looking in the record for all of these arrests, and I've already looked in the court
[49:20.160 --> 49:32.800]  records for evidence of an examining trial, 1617 or 1620 order, which I'm not finding.
[49:32.800 --> 49:39.040]  So if there is no such order, then there could not have been an examining trial, but the
[49:39.040 --> 49:45.280]  guy who addressed it, that means he wasn't taken to an magistrate, so I'm filing a T-Cole
[49:45.280 --> 49:53.600]  complaint against the officer, criminal complaint against the officer, a T-Cole and criminal
[49:53.600 --> 49:59.360]  complaint against the intake person at the jail, one against the sheriff.
[49:59.360 --> 50:06.640]  So in every arrest, I will get at least three T-Cole complaints, and I'll walk right down
[50:06.640 --> 50:11.240]  to the arrest they did six months ago.
[50:11.240 --> 50:15.760]  This sheriff's deputy is here doing his job, doing what the sheriff told him to, and he
[50:15.760 --> 50:22.640]  starts getting T-Cole complaints for what he did six months ago.
[50:22.640 --> 50:33.640]  Six T-Cole complaints, he can't be employed as a peace officer because he can't be insured,
[50:33.640 --> 50:36.880]  and they know that.
[50:36.880 --> 50:40.560]  And I hit this guy for something he did six months ago, and he's been doing the same thing
[50:40.560 --> 50:49.560]  for the last six months, that says, I'm going to be toast, and there's not anything that
[50:49.560 --> 50:55.360]  anybody can do about it except shoot me.
[50:55.360 --> 51:02.840]  So exactly what you're saying, they didn't do these things, now let's hold them responsible.
[51:02.840 --> 51:05.080]  You can do this on the tickets.
[51:05.080 --> 51:13.000]  This might be just my devious side, but I tend to think it might be more fun to start
[51:13.000 --> 51:20.520]  with the most current and charge them with that, and then step backwards into time because
[51:20.520 --> 51:24.240]  then they don't know how far you're going to go back, and you just keeps going and keeps
[51:24.240 --> 51:29.240]  going, and then by the time you get to six months, you don't even have to go back that
[51:29.240 --> 51:39.200]  far, and you keep going backwards, then they get desperate because they don't know, is
[51:39.200 --> 51:41.760]  he going to go back three years?
[51:41.760 --> 51:50.840]  Yeah, the problem is, there's not anything they can do.
[51:50.840 --> 51:57.640]  There's no way they can block this, there's no way they can talk T-Cloes, they can't talk
[51:57.640 --> 52:05.120]  T-Cloes because T-Cloes is not the problem, the problem is the insurance carrier, and
[52:05.120 --> 52:08.200]  he don't care.
[52:08.200 --> 52:13.840]  He wants to charge his client as much as he possibly can, he's going to be feeling like
[52:13.840 --> 52:14.840]  it's Christmas.
[52:14.840 --> 52:19.360]  Okay, we kind of interrupted you there, Bob.
[52:19.360 --> 52:25.920]  Oh, well, that was all right, I was just having another thought there, reading on down, I
[52:25.920 --> 52:34.000]  believe it's later in 543, it gets down to where it says violation of these provisions,
[52:34.000 --> 52:43.880]  but it says from 543.003 through, well, it'll lose me, whatever, but it doesn't include
[52:43.880 --> 52:48.040]  002 as being a class B misdemeanor.
[52:48.040 --> 52:53.720]  Well, read what I think is 007, read that one.
[52:53.720 --> 53:02.960]  It, well, I'm on the wrong page, I switched, I switched over to this, I don't see it.
[53:02.960 --> 53:10.200]  The one I'm thinking of says a violation of this section, I forget exactly how it says
[53:10.200 --> 53:15.400]  it, but it says if an officer violates these provisions, he is subject to removal from
[53:15.400 --> 53:16.400]  office.
[53:16.400 --> 53:25.920]  Well, that's what I was saying, the last time I read it, it did say from 543.003 through
[53:25.920 --> 53:35.880]  the last number, it'll lose me right now, but it didn't include 002, which is the command
[53:35.880 --> 53:37.880]  right before a magistrate.
[53:37.880 --> 53:45.640]  Correct, it only says, the one you're talking about is 008, and it says a violation of provision
[53:45.640 --> 53:55.640]  003 through 007 is misconducting office, but you're right, it doesn't look at 002 there.
[53:55.640 --> 54:06.040]  And it sounds me kind of like they switched them in an excuse to violate due process.
[54:06.040 --> 54:16.320]  Well, actually, their problem is that an arrest is an arrest if something's not covered under
[54:16.320 --> 54:23.320]  543, it's covered under chapter 14.
[54:23.320 --> 54:25.800]  So he's still required, he's still bound.
[54:25.800 --> 54:33.920]  Oh yeah, yeah, every place that lists the Constabulary's authority to do something with
[54:33.920 --> 54:40.920]  you when they have you arrested, the only option they have is to take you, and it's
[54:40.920 --> 54:47.040]  pretty explicit, without unnecessary delay or shall immediately, is the command given
[54:47.040 --> 54:48.040]  to them.
[54:48.040 --> 54:56.400]  Take you before magistrates or as an Article 1517 can be explained or enforced, and in
[54:56.400 --> 54:58.280]  fact, we're bound, it's supposed to be...
[54:58.280 --> 55:06.400]  Okay, hold on, let's take a step back, so that the notice is in Article 1517.
[55:06.400 --> 55:24.840]  Those notices only apply if a magistrate is not available, if you're arrested for an
[55:24.840 --> 55:30.600]  outside offense under Chapter 14, you're required to be taken before a magistrate.
[55:30.600 --> 55:34.840]  And the magistrate is required to hold an examining trial.
[55:34.840 --> 55:39.400]  Okay, I need to go back and read.
[55:39.400 --> 55:47.880]  If a magistrate's not, if you're arrested in an out-of-county, for an out-of-county,
[55:47.880 --> 55:53.000]  I need to go back and read that.
[55:53.000 --> 55:56.720]  They have the option to take you to another, if that one's nobody in that county, though
[55:56.720 --> 56:01.240]  no magistrate's available, they can take you to another county, to the nearest one
[56:01.240 --> 56:02.240]  that's available.
[56:02.240 --> 56:07.160]  Or they have the option to do a video conference and present you to the magistrate with a video
[56:07.160 --> 56:08.160]  right there.
[56:08.160 --> 56:11.520]  They can pull up FaceTime or Zoom and do it right there.
[56:11.520 --> 56:19.440]  Okay, what I was getting to, and you clarified that point, if they take you to a magistrate
[56:19.440 --> 56:25.840]  within the county, then he must do an examining trial under Chapter 16.
[56:25.840 --> 56:33.640]  If they take you to a magistrate outside of the county, then he gives those warnings.
[56:33.640 --> 56:39.520]  And when you're brought back into the county and when a magistrate is available in the
[56:39.520 --> 56:45.360]  county, then you're taken before a magistrate in the county and he's the whole proper examining
[56:45.360 --> 56:47.400]  trial.
[56:47.400 --> 56:57.720]  So that 15, 17 warnings only apply if you're taken to a magistrate outside of the county.
[56:57.720 --> 57:01.680]  And they said, well, that don't matter even if we go inside a county, this is what we'll
[57:01.680 --> 57:03.320]  do and we won't do anything else.
[57:03.320 --> 57:08.360]  Well, good luck with that, guys, because it screws up everything.
[57:08.360 --> 57:13.040]  Now you don't have any jurisdiction, period.
[57:13.040 --> 57:22.600]  We got, look, Wise County where I'm at, every single indictment is illegal.
[57:22.600 --> 57:24.320]  Every one of them.
[57:24.320 --> 57:29.560]  Every person has a right to dismissal.
[57:29.560 --> 57:34.240]  That's what 16, 17B says.
[57:34.240 --> 57:42.520]  If an order is not entered in the court within 48 hours, the accused has a right to dismissal.
[57:42.520 --> 57:45.520]  Every one of them.
[57:45.520 --> 57:52.520]  So that, like you said earlier, say you're arrested in Houston, they've got 48 hours
[57:52.520 --> 57:56.520]  to get you before the judge that signed the warrant.
[57:56.520 --> 58:03.280]  He has heard the evidence and he wants you to get brought before him to present your
[58:03.280 --> 58:04.280]  side of the story.
[58:04.280 --> 58:12.240]  That's why I believe they have a 48-hour time alignment, but they do not have a 48-alignment
[58:12.240 --> 58:16.320]  before they get you before some magistrate.
[58:16.320 --> 58:17.320]  Okay.
[58:17.320 --> 58:26.080]  What 48 hours is, is if they get you to a magistrate within 48 hours, and this is case
[58:26.080 --> 58:37.280]  law, the bringing before the magistrate is considered to be timely, but only on a showing
[58:37.280 --> 58:42.520]  of due diligence and effort at locating magistrate, they still have to show causes to when I took
[58:42.520 --> 58:44.520]  48 hours.
[58:44.520 --> 58:48.640]  And I've got to show causes to why I'm not going to fall off the cliff again.
[58:48.640 --> 58:50.240]  Hang on with me.
[58:50.240 --> 58:54.360]  Would you like to make more definite progress in your walk with God?
[58:54.360 --> 58:59.560]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.560 --> 59:00.880]  can really help.
[59:00.880 --> 59:05.360]  The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.360 --> 59:06.360]  today.
[59:06.360 --> 59:10.280]  It's an accurate translation, and it contains thousands of footnotes that will help you
[59:10.280 --> 59:13.400]  to know God and to know the meaning of life.
[59:13.400 --> 59:18.680]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.680 --> 59:22.920]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:22.920 --> 59:27.840]  of salvation, growing in Christ, and how to build up the church.
[59:27.840 --> 59:32.880]  To order your free New Testament recovery version and Basic Elements of the Christian
[59:32.880 --> 59:45.640]  Life, call Bibles for America toll free at 888-551-0102, that's 888-551-0102, or visit
[59:45.640 --> 59:49.680]  us online at bfa.org.
[59:49.680 --> 01:00:00.680]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:00.680 --> 01:00:06.760]  The following news flash is brought to you by the Lone Star Lowdowns.
[01:00:06.760 --> 01:00:12.640]  Markets for Monday the 22nd of July, 2019, open with precious metals, gold at $1,429
[01:00:12.640 --> 01:00:21.000]  an ounce, silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.63 a barrel,
[01:00:21.000 --> 01:00:29.280]  brand crude $62.47 a barrel, and cryptos in order of market cap, bitcoin, core $10,566.52,
[01:00:29.280 --> 01:00:40.720]  Ethereum $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a
[01:00:40.720 --> 01:00:43.720]  crypto coin.
[01:00:43.720 --> 01:00:52.400]  Today in history, the year 1916, the Preparedness Day bombing, a time suitcase bomb, was detonated
[01:00:52.400 --> 01:00:57.720]  on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[01:00:57.720 --> 01:01:04.720]  10 and injuring 40.
[01:01:04.720 --> 01:01:05.720]  And recent news.
[01:01:05.720 --> 01:01:10.400]  Since Governor Greg Abbott signed House Bill 1325 legalizing Hemp and Attacks's law back
[01:01:10.400 --> 01:01:15.080]  in June, county prosecutors around the state, including Houston, Austin, and San Antonio,
[01:01:15.080 --> 01:01:19.080]  have been dropping marijuana possession charges and even refusing to file new ones since they
[01:01:19.080 --> 01:01:23.160]  are stipulating that they do not have the time or the laboratory equipment to test the
[01:01:23.160 --> 01:01:27.880]  herb for THC. Margaret Moore, the Travis County District Attorney, announced earlier this
[01:01:27.880 --> 01:01:32.840]  month that she was dismissing 32 felony possession and delivery of marijuana cases because of
[01:01:32.840 --> 01:01:33.840]  the law.
[01:01:33.840 --> 01:01:37.520]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:01:37.520 --> 01:01:42.040]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:01:42.040 --> 01:01:48.200]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:01:48.200 --> 01:01:54.440]  well as other cities, too, like the District Attorney in El Paso, Kyma Esparza, a Democrat
[01:01:54.440 --> 01:01:58.920]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:01:58.920 --> 01:02:01.720]  prosecution of marijuana cases in El Paso.
[01:02:01.720 --> 01:02:06.680]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[01:02:06.680 --> 01:02:10.720]  in Harris County, who stated that, quote, the law is constantly changing on what makes
[01:02:10.720 --> 01:02:13.440]  something illegal based on its chemical makeup.
[01:02:13.440 --> 01:02:17.320]  It's important that if someone is charged with something, the test matches what they're
[01:02:17.320 --> 01:02:22.560]  charged with.
[01:02:22.560 --> 01:02:27.200]  A paper by Tulane University identified a five-and-a-half-inch American pocket shark
[01:02:27.200 --> 01:02:32.320]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[01:02:32.320 --> 01:02:37.960]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[01:02:37.960 --> 01:02:39.460]  Pacific Ocean.
[01:02:39.460 --> 01:02:43.760]  According to the university paper, the shark secretes a luminous fluid from a gland near
[01:02:43.760 --> 01:02:50.040]  its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[01:02:50.040 --> 01:03:18.160]  glow.
[01:03:18.160 --> 01:03:29.160]  I realize by my blood, I'll be there till he returns
[01:03:29.160 --> 01:03:33.160]  I realize by my blood, I'll be there till he returns
[01:03:33.160 --> 01:03:38.160]  He has a way with his faith and with the will
[01:03:38.160 --> 01:03:44.160]  I will aid my consort, I will realize by my blood, I'll be there
[01:03:44.160 --> 01:03:51.160]  I realize by my blood, I'll be there till he returns
[01:03:51.160 --> 01:03:55.160]  I realize by my blood, I'll be there till he returns
[01:03:55.160 --> 01:04:03.160]  I will guard these walls and fences till he comes to explain
[01:04:03.160 --> 01:04:08.160]  Okay, we are back. Randy Kelton, Brett Fountain, Root of Law Radio,
[01:04:08.160 --> 01:04:12.160]  and we're talking to Bob in Texas.
[01:04:12.160 --> 01:04:17.160]  And you do bring up good points, and these are the kinds of
[01:04:17.160 --> 01:04:24.160]  back and forth I like to have because they're on a really fine point of law.
[01:04:24.160 --> 01:04:30.160]  If you were taken to a magistrate out of county,
[01:04:30.160 --> 01:04:37.160]  then that magistrate under Attorney General's opinion, H-500,
[01:04:37.160 --> 01:04:42.160]  says that any magistrate may hear any complaint, felony or misdemeanor,
[01:04:42.160 --> 01:04:48.160]  state or federal, from anywhere in the state of Texas.
[01:04:48.160 --> 01:04:52.160]  Uh-huh. He can. He can do that.
[01:04:52.160 --> 01:04:57.160]  However, if the officer can't find a magistrate in the county
[01:04:57.160 --> 01:05:01.160]  and takes you to a magistrate out of county,
[01:05:01.160 --> 01:05:09.160]  if the only witness is the officer and the officer is there, he can hold a proper examining trial.
[01:05:09.160 --> 01:05:16.160]  But if there are other witnesses who are not there and those witnesses are in the county,
[01:05:16.160 --> 01:05:22.160]  or the county would be the one to subpoena those witnesses,
[01:05:22.160 --> 01:05:30.160]  then this out of county magistrate can delay the examining trial
[01:05:30.160 --> 01:05:36.160]  and simply give the person the warnings under H-15.17.
[01:05:36.160 --> 01:05:41.160]  And then send him back to his county where all the witnesses will be available,
[01:05:41.160 --> 01:05:44.160]  where they can hold a proper examining trial.
[01:05:44.160 --> 01:05:50.160]  And that's exactly what 1601 intends to say here when it says that the person
[01:05:50.160 --> 01:05:54.160]  the accused shall have a right to an examining trial before indictment
[01:05:54.160 --> 01:05:58.160]  in the county having jurisdiction of the offense.
[01:05:58.160 --> 01:06:01.160]  That's why they have to have that in the county part is because,
[01:06:01.160 --> 01:06:04.160]  well, maybe he was getting an examining trial somewhere else,
[01:06:04.160 --> 01:06:08.160]  but he wants to have it in his own county.
[01:06:08.160 --> 01:06:10.160]  Well, here it says he has a right to.
[01:06:10.160 --> 01:06:11.160]  Right.
[01:06:11.160 --> 01:06:20.160]  And it's important. This is a place where the courts and lawyers have twisted what the statutes say.
[01:06:20.160 --> 01:06:30.160]  Because this says he has a right to an examining trial before indictment.
[01:06:30.160 --> 01:06:36.160]  They're taking that to mean that in order to hold an examining trial,
[01:06:36.160 --> 01:06:38.160]  you must have a right to one.
[01:06:38.160 --> 01:06:42.160]  No, that is not what he's saying.
[01:06:42.160 --> 01:06:47.160]  Examining trial is a matter of due process.
[01:06:47.160 --> 01:06:56.160]  The courts or the magistrates are commanded to hold an examining trial.
[01:06:56.160 --> 01:06:59.160]  You don't have a right to one directly.
[01:06:59.160 --> 01:07:04.160]  You have a right under due process, but you don't have a right to be arrested.
[01:07:04.160 --> 01:07:12.160]  You don't have a right to be carted off to jail.
[01:07:12.160 --> 01:07:15.160]  There's a lot of things you don't have a right to.
[01:07:15.160 --> 01:07:21.160]  And examining trial is something you don't have a right to directly.
[01:07:21.160 --> 01:07:29.160]  You have the courts and the police are commanded to do this thing.
[01:07:29.160 --> 01:07:32.160]  So it doesn't fall under a right.
[01:07:32.160 --> 01:07:43.160]  What the statute says is you have a right to have this thing they must do done before they can issue an indictment.
[01:07:43.160 --> 01:07:47.160]  And that's what 2022 was about.
[01:07:47.160 --> 01:07:55.160]  That's why the court can't file the indictment in the court record because you haven't been arrested yet
[01:07:55.160 --> 01:07:59.160]  and you haven't had the opportunity to have an examining trial.
[01:07:59.160 --> 01:08:07.160]  And that gives you the first thing you can do in an examining trial is inter-exculptory evidence.
[01:08:07.160 --> 01:08:11.160]  When we examine the law very closely,
[01:08:11.160 --> 01:08:18.160]  we tend to find that it is extremely well constructed.
[01:08:18.160 --> 01:08:21.160]  All of these pieces fit together.
[01:08:21.160 --> 01:08:26.160]  We're looking at the laws in the code books.
[01:08:26.160 --> 01:08:30.160]  That's not how they were passed.
[01:08:30.160 --> 01:08:34.160]  The laws were passed and put into the public record.
[01:08:34.160 --> 01:08:43.160]  And then they hired publishers to come in and take all of these laws and organize them into categories
[01:08:43.160 --> 01:08:47.160]  so that we could easily find these laws.
[01:08:47.160 --> 01:08:57.160]  See, now we're reading statutes out of chapter 14, 15, 16, 17, because that's part of this group.
[01:08:57.160 --> 01:09:03.160]  And it looks like it's different pieces in different places.
[01:09:03.160 --> 01:09:10.160]  But I'm going to suggest when this set of law was passed, all of these pieces were put together.
[01:09:10.160 --> 01:09:16.160]  You can arrest this guy, but you must take him for magistrate.
[01:09:16.160 --> 01:09:22.160]  And unless he's out of county, in which case you can just give him warnings.
[01:09:22.160 --> 01:09:25.160]  And then you must have an examining trial.
[01:09:25.160 --> 01:09:27.160]  They were all one piece.
[01:09:27.160 --> 01:09:30.160]  And then when they codified them, they broke them up into different sections.
[01:09:30.160 --> 01:09:36.160]  So when we read it, it looks like these codes are all over the place.
[01:09:36.160 --> 01:09:39.160]  But that's almost certainly not how they were written.
[01:09:39.160 --> 01:09:48.160]  Because when you read them and sticks them all together, they fit together extremely well.
[01:09:48.160 --> 01:09:50.160]  Yeah, exactly.
[01:09:50.160 --> 01:10:00.160]  And I can't distribute the information to where it appears a little bit misleading until you consider the commons they put in there.
[01:10:00.160 --> 01:10:08.160]  And the United States, but that followed, was an explanation under a different circumstance.
[01:10:08.160 --> 01:10:15.160]  As in 1406, it was in 48 hours before the magistrate that signed the warrant.
[01:10:15.160 --> 01:10:19.160]  Well, the title of that section is Arrest Without Warrant.
[01:10:19.160 --> 01:10:26.160]  So yeah, it explicitly says you have 48 hours to get him before the magistrate that signed the arrest warrant.
[01:10:26.160 --> 01:10:38.160]  It only says you have to take him immediately or without a necessary delay to a magistrate without a warrant.
[01:10:38.160 --> 01:10:44.160]  No if or and, it says shall.
[01:10:44.160 --> 01:10:49.160]  Yeah, shall does not me, may, might or can't if you want to.
[01:10:49.160 --> 01:10:52.160]  What if they really want to take you to jail?
[01:10:52.160 --> 01:10:54.160]  That's just the way they do things.
[01:10:54.160 --> 01:10:56.160]  They just really, that's what they want to do.
[01:10:56.160 --> 01:10:58.160]  So is that okay?
[01:10:58.160 --> 01:11:04.160]  Well, no, I'm going to charge him with first degree felony aggravated assault for that.
[01:11:04.160 --> 01:11:25.160]  And let him explain to him under exerting or purporting to exert an authority does not expressly have while prominent displaying and committing simple assault by arresting the person at his liberty and doing so while he's primarily displaying a dead weapon.
[01:11:25.160 --> 01:11:30.160]  2202 B2A makes that a first degree felony.
[01:11:30.160 --> 01:11:51.160]  Let him, I'm sure, Mr. Officer, when you explain yourself to a grand jury of my peers, they'll be real understanding about why you decided to ignore what 14.03, 1406 absolutely commanded you to do.
[01:11:51.160 --> 01:11:54.160]  I'm sure they'll be understanding.
[01:11:54.160 --> 01:12:04.160]  I believe they are holding themselves out as a public official when they do not have the authority to commit you to a two day jail term.
[01:12:04.160 --> 01:12:09.160]  That's exactly the place we're going.
[01:12:09.160 --> 01:12:15.160]  They exerted or purported to exert an authority they did not have.
[01:12:15.160 --> 01:12:17.160]  Yes.
[01:12:17.160 --> 01:12:22.160]  They had authority to take you to a magistrate, not to jail.
[01:12:22.160 --> 01:12:31.160]  So from aggravated kidnapping and all as previously mentioned, those are felonies and at minimum class A misdemeanors.
[01:12:31.160 --> 01:12:38.160]  Yeah, and I'd like 2202 B2A because that was first degree felony.
[01:12:38.160 --> 01:12:39.160]  Very good.
[01:12:39.160 --> 01:12:42.160]  20 to life.
[01:12:42.160 --> 01:12:52.160]  When our legislators put pistols on these peace officers hips, they put a tremendous responsibility on them.
[01:12:52.160 --> 01:12:54.160]  And we need to remind them of it.
[01:12:54.160 --> 01:13:01.160]  I never want to get an officer indicted for first degree felony aggravated assault.
[01:13:01.160 --> 01:13:23.160]  What I want is him to have to look at the prospect and wonder what if one of those grand jury members had their freshman and high school daughter arrested last week and thrown in the drunk tank at some po-dunk jail.
[01:13:23.160 --> 01:13:33.160]  And he then comes to the grand jury furious and then he gets our complaint against you.
[01:13:33.160 --> 01:13:41.160]  Who here wants to play Russian roulette with their liberty guys?
[01:13:41.160 --> 01:13:48.160]  The point is not getting them arrested and getting them indicted or even ruining their careers.
[01:13:48.160 --> 01:13:52.160]  The point is making good police out of them.
[01:13:52.160 --> 01:13:53.160]  I knew that in the military.
[01:13:53.160 --> 01:13:59.160]  I was watching one of these first amendment audits at Andrews Air Base in Maryland.
[01:13:59.160 --> 01:14:01.160]  And this guy is talking to cotton.
[01:14:01.160 --> 01:14:07.160]  This one guy is saying that you have to leave here, that you're on a government installation.
[01:14:07.160 --> 01:14:09.160]  He said, well, I'm in the public area.
[01:14:09.160 --> 01:14:17.160]  He's telling him that he's going to have to leave or he will handcuff him and call the police and turn him over to the police.
[01:14:17.160 --> 01:14:21.160]  And I was thinking, had that been me?
[01:14:21.160 --> 01:14:23.160]  I would have asked, who's your commander?
[01:14:23.160 --> 01:14:27.160]  What's his number?
[01:14:27.160 --> 01:14:31.160]  That I'd call his commander.
[01:14:31.160 --> 01:14:33.160]  I was in the military.
[01:14:33.160 --> 01:14:37.160]  And we were terrified when a general showed up on the base.
[01:14:37.160 --> 01:14:44.160]  We had to go out and pick up every cigarette butt, trim every piece of glass, everything grassed, everything had to be perfect.
[01:14:44.160 --> 01:14:48.160]  There was only one person we feared more than the general.
[01:14:48.160 --> 01:14:51.160]  And that was a civilian.
[01:14:51.160 --> 01:15:01.160]  Because the civilian is the one that can march into the general's office and crawl down his throat, stomping his feet all the way.
[01:15:01.160 --> 01:15:09.160]  And when he said he would call the local police, I would have told him, let me help you out with that.
[01:15:09.160 --> 01:15:11.160]  I'll call them myself.
[01:15:11.160 --> 01:15:26.160]  And I asked the local police to arrest these guys. I'm trying to get people, when they're feel mistreated by the police, to take out your cell phone and dial 911.
[01:15:26.160 --> 01:15:35.160]  Tell them I have an office, someone here here, he is prominently displaying a deadly weapon and he is agitated.
[01:15:35.160 --> 01:15:39.160]  Agitated is their magic word.
[01:15:39.160 --> 01:15:52.160]  When they accuse you of being agitated, then they can say anything they want to and you are completely discredited.
[01:15:52.160 --> 01:15:54.160]  So I do it first.
[01:15:54.160 --> 01:15:58.160]  Take their own terms and turn it back against them.
[01:15:58.160 --> 01:16:03.160]  And when you make a 911 call, that's recorded. That doesn't go away.
[01:16:03.160 --> 01:16:11.160]  Now, how you become the victim, they become the perpetrator.
[01:16:11.160 --> 01:16:13.160]  This gets their attention.
[01:16:13.160 --> 01:16:20.160]  We just had someone do that at a restaurant recently about wearing a mask.
[01:16:20.160 --> 01:16:24.160]  They told him, this waiter is giving him a hard time.
[01:16:24.160 --> 01:16:27.160]  And he said, would you like, do I have to call the police?
[01:16:27.160 --> 01:16:30.160]  And he said, Richard said, well, I'll help you out with that.
[01:16:30.160 --> 01:16:36.160]  I'll do that for you. And he called the police and they got there and they read these guys as a riot act.
[01:16:36.160 --> 01:16:40.160]  They couldn't order them to wear the mask. They couldn't not serve them.
[01:16:40.160 --> 01:16:42.160]  They just worked them over good.
[01:16:42.160 --> 01:16:47.160]  Had the other guy called the police, they'd have been on the other guy's side.
[01:16:47.160 --> 01:16:51.160]  Whoever calls them first gets the upper hand.
[01:16:51.160 --> 01:16:53.160]  And you'll get to see their ticket dance.
[01:16:53.160 --> 01:16:55.160]  Hang on, we're about to go to our sponsors.
[01:16:55.160 --> 01:17:00.160]  Randy Kelton, Brett Fountain, rule of law radio, we'll be right back.
[01:17:26.160 --> 01:17:29.160]  How to get debt collectors out of your credit report.
[01:17:29.160 --> 01:17:33.160]  How to turn the financial tables on them and make them pay you to go away.
[01:17:33.160 --> 01:17:38.160]  The Michael Mirris proven method is the solution for how to stop debt collectors.
[01:17:38.160 --> 01:17:41.160]  Personal consultation is available as well.
[01:17:41.160 --> 01:17:46.160]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mirris banner.
[01:17:46.160 --> 01:17:49.160]  Or email Michael Mirris at yahoo.com.
[01:17:49.160 --> 01:17:57.160]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[01:17:57.160 --> 01:18:00.160]  To learn how to stop debt collectors now.
[01:18:00.160 --> 01:18:04.160]  I love logos. Without the shows on this network, I'd be almost as ignorant as my friends.
[01:18:04.160 --> 01:18:07.160]  I'm so addicted to the truth now that there's no going back.
[01:18:07.160 --> 01:18:10.160]  I need my truth pick. I'd be lost without logos.
[01:18:10.160 --> 01:18:13.160]  And I really want to help keep this network on the air.
[01:18:13.160 --> 01:18:16.160]  I'd love to volunteer as a show producer but I'm a bit of a Luddite
[01:18:16.160 --> 01:18:20.160]  and I really don't have any money to give because I spent it all on supplements.
[01:18:20.160 --> 01:18:22.160]  How can I help logos?
[01:18:22.160 --> 01:18:24.160]  Well, I'm glad you asked.
[01:18:24.160 --> 01:18:27.160]  Whenever you order anything from Amazon, you can help logos.
[01:18:27.160 --> 01:18:29.160]  But ordering your supplies or holiday gifts.
[01:18:29.160 --> 01:18:31.160]  First thing you do is clear your cookies.
[01:18:31.160 --> 01:18:34.160]  Now, go to LogosRadioNetwork.com.
[01:18:34.160 --> 01:18:37.160]  Click on the Amazon logo and bookmark it.
[01:18:37.160 --> 01:18:43.160]  Now, when you order anything from Amazon, you use that link and Logos gets a few pesos.
[01:18:43.160 --> 01:18:44.160]  Do I pay extra?
[01:18:44.160 --> 01:18:45.160]  No.
[01:18:45.160 --> 01:18:47.160]  Do I have to do anything different when I order?
[01:18:47.160 --> 01:18:48.160]  No.
[01:18:48.160 --> 01:18:49.160]  Can I use my Amazon Prime?
[01:18:49.160 --> 01:18:50.160]  No.
[01:18:50.160 --> 01:18:51.160]  I mean yes.
[01:18:51.160 --> 01:18:54.160]  Wow. Giving without doing anything or spending any money.
[01:18:54.160 --> 01:18:57.160]  This is perfect. Thank you so much.
[01:18:57.160 --> 01:18:58.160]  We are Logos.
[01:18:58.160 --> 01:19:00.160]  Happy Holidays Logos.
[01:19:00.160 --> 01:19:10.160]  This is the LogosRadioNetwork.com.
[01:19:31.160 --> 01:19:36.160]  LogosRadioNetwork.com
[01:19:36.160 --> 01:19:41.160]  LogosRadioNetwork.com
[01:19:41.160 --> 01:19:46.160]  LogosRadioNetwork.com
[01:19:46.160 --> 01:19:51.160]  LogosRadioNetwork.com
[01:19:51.160 --> 01:19:53.160]  LogosRadioNetwork.com
[01:19:53.160 --> 01:19:54.160]  Okay, we are back.
[01:19:54.160 --> 01:19:57.160]  Randy Kelton, Brett Fountain Group on Radio.
[01:19:57.160 --> 01:20:04.160]  And I'm taking a lot of time with you, Bob, because this kind of stuff I like to talk about.
[01:20:04.160 --> 01:20:16.160]  This helps me and certainly help Brett increase our sophistication.
[01:20:16.160 --> 01:20:22.160]  And what about adding a charge of mouthpiece and fin office or two against these magistrates
[01:20:22.160 --> 01:20:26.160]  for not holding what they were required to do by law?
[01:20:26.160 --> 01:20:32.160]  Exactly, 39.03 official oppression by mouthpiece.
[01:20:32.160 --> 01:20:33.160]  Wait a minute.
[01:20:33.160 --> 01:20:34.160]  Well, no, no, no.
[01:20:34.160 --> 01:20:36.160]  By misfeasance in office.
[01:20:36.160 --> 01:20:38.160]  Misfeasance, okay.
[01:20:38.160 --> 01:20:43.160]  Yeah, misfeasance is where you fail to perform a duty you're required to perform.
[01:20:43.160 --> 01:20:48.160]  Malfeasance is where you exert or purport to exert a thought you don't have.
[01:20:48.160 --> 01:20:51.160]  Or you do something that you're not authorized to do.
[01:20:51.160 --> 01:20:52.160]  That's malfeasance.
[01:20:52.160 --> 01:20:54.160]  So yes, misfeasance in office.
[01:20:54.160 --> 01:20:59.160]  Exactly, I'd love to go after them for official oppression.
[01:20:59.160 --> 01:21:00.160]  I like that one.
[01:21:00.160 --> 01:21:04.160]  It is so ugly.
[01:21:04.160 --> 01:21:07.160]  It's like the braved heart.
[01:21:07.160 --> 01:21:11.160]  What was the other one, Brett?
[01:21:11.160 --> 01:21:12.160]  Forget it.
[01:21:12.160 --> 01:21:13.160]  You just had it just a moment ago.
[01:21:13.160 --> 01:21:18.160]  You were saying...
[01:21:18.160 --> 01:21:21.160]  Oh, more turpitude.
[01:21:21.160 --> 01:21:23.160]  More turpitude.
[01:21:23.160 --> 01:21:26.160]  The official oppression.
[01:21:26.160 --> 01:21:29.160]  Oh, I love it.
[01:21:29.160 --> 01:21:34.160]  But yeah, on the break, Brett, we were...
[01:21:34.160 --> 01:21:44.160]  You spoke to being in front of a judge and then telling you that you didn't have a wife to an examining trial in a misdemeanor.
[01:21:44.160 --> 01:21:47.160]  You addressed what you did on the break.
[01:21:47.160 --> 01:21:54.160]  Yeah, with the traffic tickets that's in Texas, our traffic tickets are class C misdemeanors, fine only.
[01:21:54.160 --> 01:22:02.160]  And they try to tell us, the prosecutor told me once that, well, you don't have a right to an examining trial.
[01:22:02.160 --> 01:22:05.160]  That's only in a felony.
[01:22:05.160 --> 01:22:06.160]  Of course, they all say that.
[01:22:06.160 --> 01:22:09.160]  They chant it like it was true.
[01:22:09.160 --> 01:22:14.160]  And I told the judge at that time I didn't know anything to cite.
[01:22:14.160 --> 01:22:16.160]  I knew it wasn't right.
[01:22:16.160 --> 01:22:21.160]  It didn't fit with what I'd been reading, but I didn't have anything to cite.
[01:22:21.160 --> 01:22:24.160]  So I just told the judge, well, I think she's making that up.
[01:22:24.160 --> 01:22:37.160]  But then I later had another traffic ticket and the judge himself tried to tell me that I don't get an examining trial because this is a misdemeanor.
[01:22:37.160 --> 01:22:43.160]  And there's no such thing as an examining trial for a misdemeanor.
[01:22:43.160 --> 01:22:51.160]  So excuse me, your honor, are you trying to say on the record that there's no such thing as an examining trial for a misdemeanor?
[01:22:51.160 --> 01:22:53.160]  He says, yeah, that's right.
[01:22:53.160 --> 01:23:04.160]  So I said, well, you need to take judicial notice right now, Code of Criminal Procedure 102.011 subsection D.
[01:23:04.160 --> 01:23:10.160]  It says there is such a thing as an examining trial for a misdemeanor.
[01:23:10.160 --> 01:23:17.160]  And I filed a judicial misconduct complaint because he's incompetent.
[01:23:17.160 --> 01:23:22.160]  I bet he loved that.
[01:23:22.160 --> 01:23:25.160]  He had some kind of squirrely way to make excuses about it.
[01:23:25.160 --> 01:23:29.160]  If you wouldn't be arrested by the sheriff, it would be the constable.
[01:23:29.160 --> 01:23:31.160]  And so then this wouldn't apply.
[01:23:31.160 --> 01:23:36.160]  Oh, brother, just give it up.
[01:23:36.160 --> 01:23:43.160]  And how is the constable different from the sheriff when he's acting in the capacity of a peace officer?
[01:23:43.160 --> 01:23:51.160]  Yeah, it specifically says this is Code of Criminal Procedure 102.011 subsection D.
[01:23:51.160 --> 01:24:02.160]  A defendant shall pay for the services of a sheriff or constable who serves process and attends an examining trial in a felony or a misdemeanor case.
[01:24:02.160 --> 01:24:09.160]  The same reimbursement fees allowed for those services in the trial of a felony or misdemeanor.
[01:24:09.160 --> 01:24:14.160]  So it's saying he gets paid the same five bucks that he would get paid for a trial.
[01:24:14.160 --> 01:24:22.160]  He gets paid the same five bucks for doing the examining trial in a felony or misdemeanor.
[01:24:22.160 --> 01:24:26.160]  It exists.
[01:24:26.160 --> 01:24:37.160]  Well, the 14.06 does not stipulate felony or misdemeanor.
[01:24:37.160 --> 01:24:45.160]  Any arrest for an on-site offense, the officer is directed to take the person directly to the nearest magistrate.
[01:24:45.160 --> 01:24:47.160]  What part of that is hard to understand?
[01:24:47.160 --> 01:24:52.160]  And what can a magistrate do?
[01:24:52.160 --> 01:24:56.160]  He can marry people, make a few extra bucks.
[01:24:56.160 --> 01:25:03.160]  He can hold an examining trial and set bail, and that is it.
[01:25:03.160 --> 01:25:11.160]  Yeah, the reason the title of 14.06 must take offender before a magistrate.
[01:25:11.160 --> 01:25:21.160]  And while he's saying you don't have a right to an examining trial, you do have a right to the due course of the law.
[01:25:21.160 --> 01:25:28.160]  And the due course of the law commands that officer to take you to a magistrate.
[01:25:28.160 --> 01:25:33.160]  And it commands a magistrate to keep the peace by holding a examining court.
[01:25:33.160 --> 01:25:37.160]  To kin 211, Texas go to criminal procedure.
[01:25:37.160 --> 01:25:43.160]  What part of that is hard to understand?
[01:25:43.160 --> 01:25:51.160]  I wonder what they think the magistrate's going to do if it's not to hold an examining trial.
[01:25:51.160 --> 01:25:55.160]  Maybe you want to get married.
[01:25:55.160 --> 01:26:00.160]  To the count, I suppose that could be a worse punishment.
[01:26:00.160 --> 01:26:13.160]  Yeah, it's like my friend, I live in a small town and a highway patrol turned the lights on him and he knew who the highway patrolman was because he knew who was on that shift.
[01:26:13.160 --> 01:26:16.160]  And he drove down the country road to his house.
[01:26:16.160 --> 01:26:18.160]  He pulled up in his yard and the guy got out.
[01:26:18.160 --> 01:26:21.160]  Mr. Alexander, why didn't you stop?
[01:26:21.160 --> 01:26:26.160]  He said, oh, five years ago my wife run off with a DPS officer.
[01:26:26.160 --> 01:26:31.160]  And I was afraid that was you bringing her back.
[01:26:31.160 --> 01:26:35.160]  He got tickled and was mad at first.
[01:26:35.160 --> 01:26:38.160]  Then he got tickled and didn't write him a ticket.
[01:26:38.160 --> 01:26:41.160]  It's different out here where everybody knows everybody.
[01:26:41.160 --> 01:26:46.160]  Anyway, let's move ahead, Bob.
[01:26:46.160 --> 01:26:48.160]  Well, no, I'll go ahead and get off.
[01:26:48.160 --> 01:26:54.160]  This was the fight I started, oh, I don't know, five years ago.
[01:26:54.160 --> 01:27:04.160]  I purposely let my state inspection sticker run out until I got stopped is when I started questioning them on these issues.
[01:27:04.160 --> 01:27:14.160]  And after three days in jail and, of course, all my gang experience in court.
[01:27:14.160 --> 01:27:29.160]  But I witnessed everything from next party hearings to listening to the judge because prior with the prosecutor to not rule on all the motions I had filed.
[01:27:29.160 --> 01:27:35.160]  In fact, I didn't even read my paperwork, but, you know, it was a learning experience.
[01:27:35.160 --> 01:27:43.160]  I paid, well, I think $50 for that crash course, which is not bad.
[01:27:43.160 --> 01:27:49.160]  Yeah, it's the cheapest legal education we can get.
[01:27:49.160 --> 01:27:57.160]  It is. It's when your own bums on the line, you tend to pay a little closer attention to what's going on.
[01:27:57.160 --> 01:28:08.160]  And although I have a tanked record now with the expired state inspection sticker, which I was a state inspector for 25 years, I know exactly what it's supposed to.
[01:28:08.160 --> 01:28:13.160]  Let me address that for the moment.
[01:28:13.160 --> 01:28:18.160]  You know, we no longer have safety stickers.
[01:28:18.160 --> 01:28:24.160]  You can't get registration until you show proof of inspection.
[01:28:24.160 --> 01:28:33.160]  The law made it a crime not to display an inspection sticker.
[01:28:33.160 --> 01:28:38.160]  It did not make it a crime not to display registration.
[01:28:38.160 --> 01:28:42.160]  You were simply required to have it.
[01:28:42.160 --> 01:28:45.160]  So I got it.
[01:28:45.160 --> 01:28:49.160]  It's in my glove compartment.
[01:28:49.160 --> 01:28:59.160]  And when I get pulled over for not having registration, I call 911.
[01:28:59.160 --> 01:29:14.160]  Because the registration violation is in Section B, and a police officer can only pull you over for a violation of Section C.
[01:29:14.160 --> 01:29:21.160]  I had a copy in Bridgeport the third time he stopped me and I was laughing and we were actually having a pretty good time.
[01:29:21.160 --> 01:29:26.160]  I'd already read the code to him and he said, Mr. Kelton, did you ever get your registration?
[01:29:26.160 --> 01:29:30.160]  I said, you got your computer back there. You know I did.
[01:29:30.160 --> 01:29:33.160]  But you didn't put it on your window. No, I didn't.
[01:29:33.160 --> 01:29:36.160]  He said, you were setting us up, weren't you?
[01:29:36.160 --> 01:29:42.160]  As a matter of fact, I was.
[01:29:42.160 --> 01:29:44.160]  I want you to stop me for that.
[01:29:44.160 --> 01:29:50.160]  And then I'm going to call 911 and ask him to arrest you.
[01:29:50.160 --> 01:29:56.160]  Point is, you don't have to put that on your window if you want to play with them. That's a good way to do it. Hang on.
[01:29:56.160 --> 01:30:01.160]  Go into our sponsors. We'll be right back.
[01:30:01.160 --> 01:30:05.160]  A top cybersecurity expert has a warning for America.
[01:30:05.160 --> 01:30:11.160]  If you build an electrical smart grid, the hackers will come and they could cause a catastrophic blackout.
[01:30:11.160 --> 01:30:16.160]  Under Catherine Albrecht, back with the shocking details in a moment.
[01:30:16.160 --> 01:30:18.160]  Privacy is under attack.
[01:30:18.160 --> 01:30:21.160]  When you give up data about yourself, you'll never get it back again.
[01:30:21.160 --> 01:30:26.160]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.160 --> 01:30:28.160]  So protect your rights.
[01:30:28.160 --> 01:30:32.160]  Say no to surveillance and keep your information to yourself.
[01:30:32.160 --> 01:30:34.160]  Privacy, it's worth hanging on to.
[01:30:34.160 --> 01:30:37.160]  This message is brought to you by startpage.com.
[01:30:37.160 --> 01:30:41.160]  The private search engine alternative to Google, Yahoo and Bing.
[01:30:41.160 --> 01:30:45.160]  Start over with Start Page.
[01:30:45.160 --> 01:30:52.160]  Governments love power, so it's only natural they'd want to control the power going into your home too with a smart grid.
[01:30:52.160 --> 01:30:59.160]  So they're installing a national network of smart meters to remotely monitor electric use for efficiency and avoid grid failure.
[01:30:59.160 --> 01:31:08.160]  But cybersecurity expert David Chalk says not so fast if we make the national power grid controllable through the web, hackers will have a field day.
[01:31:08.160 --> 01:31:14.160]  Working remotely, they could tap in and black out the entire nation, leaving us vulnerable to our enemies.
[01:31:14.160 --> 01:31:18.160]  I'd want to pose smart meters for privacy and health reasons.
[01:31:18.160 --> 01:31:21.160]  But catastrophic failures caused by hackers?
[01:31:21.160 --> 01:31:23.160]  There's nothing smart about that.
[01:31:23.160 --> 01:31:31.160]  Like Dr. Catherine Albrecht for startpage.com, the world's most private search engine.
[01:31:31.160 --> 01:31:36.160]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.160 --> 01:31:38.160]  The government says that fire brought it down.
[01:31:38.160 --> 01:31:44.160]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:44.160 --> 01:31:46.160]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.160 --> 01:31:49.160]  And thousands of my fellow force respond as a plane.
[01:31:49.160 --> 01:31:50.160]  I'm not a conspiracy theorist.
[01:31:50.160 --> 01:31:51.160]  I'm a structural engineer.
[01:31:51.160 --> 01:31:53.160]  I'm a New York City correction officer.
[01:31:53.160 --> 01:31:54.160]  I'm an Air Force pilot.
[01:31:54.160 --> 01:31:55.160]  I'm a father who lost his son.
[01:31:55.160 --> 01:31:58.160]  We're Americans, and we deserve the truth.
[01:31:58.160 --> 01:32:01.160]  Go to RememberBuilding7.org today.
[01:32:01.160 --> 01:32:06.160]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[01:32:06.160 --> 01:32:08.160]  In today's America, we live in an us-against-them society,
[01:32:08.160 --> 01:32:10.160]  and if we, the people, are ever going to have a free society,
[01:32:10.160 --> 01:32:13.160]  then we're going to have to stand and defend our own rights.
[01:32:13.160 --> 01:32:16.160]  Among those rights are the right to travel freely from place to place,
[01:32:16.160 --> 01:32:18.160]  the right to act in our own private capacity,
[01:32:18.160 --> 01:32:20.160]  and most importantly, the right to due process of law.
[01:32:20.160 --> 01:32:24.160]  Traffic courts afford us the least expensive opportunity to learn how to enforce
[01:32:24.160 --> 01:32:26.160]  and preserve our rights through due process.
[01:32:26.160 --> 01:32:29.160]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio,
[01:32:29.160 --> 01:32:32.160]  has put together the most comprehensive teaching tool available
[01:32:32.160 --> 01:32:36.160]  to help you understand what due process is and how to hold courts to the Rule of Law.
[01:32:36.160 --> 01:32:40.160]  You can get your own copy of this invaluable material by going to RuleofLawRadio.com
[01:32:40.160 --> 01:32:41.160]  and ordering your copy today.
[01:32:41.160 --> 01:32:43.160]  By ordering now, you'll receive a copy of Eddie's book,
[01:32:43.160 --> 01:32:46.160]  the Texas Transportation Code, the Law vs. the Lie,
[01:32:46.160 --> 01:32:48.160]  video and audio of the original 2009 seminar,
[01:32:48.160 --> 01:32:51.160]  hundreds of research documents, and further useful resource material.
[01:32:51.160 --> 01:32:55.160]  Learn how to fight for your rights with the help of this material from RuleofLawRadio.com.
[01:32:55.160 --> 01:33:02.160]  Order your copy today and together we can have the free society we all want and deserve.
[01:33:02.160 --> 01:33:30.160]  You are listening to the Logos Radio Network, LogosRadioNetwork.com.
[01:33:32.160 --> 01:33:49.160]  Okay, we are back, Randy Kelton and Brett Fountain, Rule of Law Radio,
[01:33:49.160 --> 01:33:51.160]  and we're finishing up with Bob.
[01:33:51.160 --> 01:33:53.160]  Bob, do you have anything else for us?
[01:33:53.160 --> 01:33:55.160]  One last question.
[01:33:55.160 --> 01:34:07.160]  How can we turn a due process or several due process violations to question the jurisdiction of the court?
[01:34:07.160 --> 01:34:11.160]  It depends on the nature of the due process violation.
[01:34:11.160 --> 01:34:23.160]  Okay, well, if they fail to take you to an examining trial, then the court never got jurisdiction.
[01:34:23.160 --> 01:34:36.160]  Because the magistrate has jurisdiction based on a criminal affidavit by a credible person.
[01:34:36.160 --> 01:34:40.160]  Then the magistrate makes a determination of probable cause,
[01:34:40.160 --> 01:34:45.160]  and under 17.30, Texas Code of Criminal Procedure,
[01:34:45.160 --> 01:34:54.160]  he is required to seal all documents heading in the hearing, including an order under 16.17.
[01:34:54.160 --> 01:35:01.160]  Because his name to be written across the seal of the envelope and forward it to the clerk of the court of jurisdiction,
[01:35:01.160 --> 01:35:06.160]  that moves jurisdiction from the magistrate to the trial court.
[01:35:06.160 --> 01:35:11.160]  If that doesn't happen, jurisdiction doesn't happen.
[01:35:11.160 --> 01:35:17.160]  That's one way to get there. One phrase I've started using with that,
[01:35:17.160 --> 01:35:24.160]  and I would suggest you consider using, is the invocation of the court's jurisdiction.
[01:35:24.160 --> 01:35:28.160]  Because, like Randy was saying, they tend to only think about,
[01:35:28.160 --> 01:35:34.160]  well, I have jurisdiction over this kind of a thing in this particular territory.
[01:35:34.160 --> 01:35:39.160]  They don't think about that jurisdiction has to be invoked by due process.
[01:35:39.160 --> 01:35:41.160]  I saw a judge get it one time in his face.
[01:35:41.160 --> 01:35:46.160]  I saw when I said that, I could see in his face that he got it.
[01:35:46.160 --> 01:35:49.160]  The two prosecutors, ladies sitting over there, start whispering to each other,
[01:35:49.160 --> 01:35:53.160]  and they went to try to get some more Code of Criminal Procedure books or something.
[01:35:53.160 --> 01:35:57.160]  They went ahead and railroaded through their normal way.
[01:35:57.160 --> 01:36:03.160]  I think that's an important distinction to bring up when you're arguing that way.
[01:36:03.160 --> 01:36:10.160]  I agree with that. That's an argument I've made, but not quite that succinctly.
[01:36:10.160 --> 01:36:19.160]  While you have general jurisdiction over the subject matter,
[01:36:19.160 --> 01:36:29.160]  your jurisdiction has not been invoked in this case, so you can't apply it.
[01:36:29.160 --> 01:36:37.160]  Okay. I'll let y'all go on just a few minutes left,
[01:36:37.160 --> 01:36:40.160]  but I'm trying to figure out a way to pick another fight with them.
[01:36:40.160 --> 01:36:43.160]  Like I said, I've already been fined, I've already been jailed.
[01:36:43.160 --> 01:36:45.160]  It was five years ago.
[01:36:45.160 --> 01:36:47.160]  Oh, okay. This is easy.
[01:36:47.160 --> 01:36:52.160]  I have a problem forgetting what I'm doing.
[01:36:52.160 --> 01:36:56.160]  The best fight to have is the one you picked.
[01:36:56.160 --> 01:37:01.160]  Go Bob, go. Go down there and ask to see some records
[01:37:01.160 --> 01:37:04.160]  and ask them in a way that'll make them wonder,
[01:37:04.160 --> 01:37:08.160]  why in the heck does he want to see those?
[01:37:08.160 --> 01:37:12.160]  And see if you can get them to ask you why you want to see them.
[01:37:12.160 --> 01:37:15.160]  Eh, 9-1-1.
[01:37:15.160 --> 01:37:17.160]  Or get them to tell you you can't see those.
[01:37:17.160 --> 01:37:20.160]  Eh, 9-1-1.
[01:37:20.160 --> 01:37:23.160]  And then the fight's on.
[01:37:23.160 --> 01:37:27.160]  They will screw up everything. And this is a good fight to have.
[01:37:27.160 --> 01:37:31.160]  Let me bring in Bob from California.
[01:37:31.160 --> 01:37:34.160]  The reason I'm going to bring in Bob from California,
[01:37:34.160 --> 01:37:42.160]  Bob, tell them about picking fights.
[01:37:42.160 --> 01:37:48.160]  You know, they work real good when the rules are on your side.
[01:37:48.160 --> 01:37:51.160]  I fully believe they are.
[01:37:51.160 --> 01:37:54.160]  I had to give up a long time ago.
[01:37:54.160 --> 01:38:00.160]  But one round doesn't end the prize boxing match.
[01:38:00.160 --> 01:38:02.160]  I don't know.
[01:38:02.160 --> 01:38:08.160]  Well, this is what Bob does. He goes down there and picks fights.
[01:38:08.160 --> 01:38:11.160]  Well, I just fight back.
[01:38:11.160 --> 01:38:14.160]  Yeah, if you're going to have a fight, that's the best one to have
[01:38:14.160 --> 01:38:18.160]  because now you put them on the defensive and they stay there.
[01:38:18.160 --> 01:38:24.160]  Oh, yeah. Yeah. And they clam up.
[01:38:24.160 --> 01:38:27.160]  Yeah, they don't want to answer any questions.
[01:38:27.160 --> 01:38:29.160]  I'm having trouble getting them to answer questions.
[01:38:29.160 --> 01:38:33.160]  That's for sure.
[01:38:33.160 --> 01:38:41.160]  Randy, I had a question about if you get arrested on a warrant
[01:38:41.160 --> 01:38:50.160]  and you asked the officer to take you to the magistrate and you're
[01:38:50.160 --> 01:38:55.160]  arrested in a neighboring county and the officer says,
[01:38:55.160 --> 01:38:59.160]  oh, that can't happen on a Friday night, he tells you.
[01:38:59.160 --> 01:39:05.160]  It can't happen until Wednesday or Thursday.
[01:39:05.160 --> 01:39:10.160]  At that point, I guess I should have demanded for him to take me
[01:39:10.160 --> 01:39:14.160]  to a nearest magistrate.
[01:39:14.160 --> 01:39:18.160]  Yes, absolutely. Nearest magistrate, always.
[01:39:18.160 --> 01:39:20.160]  In Texas, that's what they're commanded to do.
[01:39:20.160 --> 01:39:24.160]  I don't know. Probably California has something similar.
[01:39:24.160 --> 01:39:28.160]  Oh, they do.
[01:39:28.160 --> 01:39:31.160]  So I said take me to a magistrate.
[01:39:31.160 --> 01:39:36.160]  Oh, you'd have to go back to the county, to the other county.
[01:39:36.160 --> 01:39:41.160]  It wouldn't be until Wednesday or Thursday before we get you there,
[01:39:41.160 --> 01:39:43.160]  transport you there.
[01:39:43.160 --> 01:39:50.160]  So, you know, I wasn't thinking about spending three or five days in jail,
[01:39:50.160 --> 01:39:58.160]  so I went ahead and signed a promise to appear.
[01:39:58.160 --> 01:40:04.160]  Well, now you can go back and file criminal charges against the officer.
[01:40:04.160 --> 01:40:06.160]  For?
[01:40:06.160 --> 01:40:09.160]  For false imprisonment.
[01:40:09.160 --> 01:40:10.160]  Okay.
[01:40:10.160 --> 01:40:13.160]  I'm not taking you to that magistrate.
[01:40:13.160 --> 01:40:20.160]  One of the key pieces of case law that we use in arguing the timeliness
[01:40:20.160 --> 01:40:26.160]  of bringing before a magistrate is city of Riverside v. McLaughlin.
[01:40:26.160 --> 01:40:36.160]  And that one, that's one that lowers the 48-hour time that Texas case law addresses.
[01:40:36.160 --> 01:40:39.160]  It lowers it to 24.
[01:40:39.160 --> 01:40:42.160]  If you're not brought before a magistrate, it's in 24 hours.
[01:40:42.160 --> 01:40:45.160]  They have to show due cause.
[01:40:45.160 --> 01:40:46.160]  Okay.
[01:40:46.160 --> 01:40:50.160]  It's considered untimely, and that's the California case.
[01:40:50.160 --> 01:40:53.160]  Okay.
[01:40:53.160 --> 01:40:58.160]  Then I wanted to ask about the warrant.
[01:40:58.160 --> 01:41:04.160]  The warrant was, like you said, bring him forth with in front of me.
[01:41:04.160 --> 01:41:11.160]  But the officer stated that it was a site and release warrant,
[01:41:11.160 --> 01:41:18.160]  so I'm trying to get some information from the Sheriff's Department on both sides of the fence
[01:41:18.160 --> 01:41:25.160]  and, you know, the county that issued the warrant and the county that arrested me.
[01:41:25.160 --> 01:41:32.160]  And, of course, they're, you know, they don't have to disclose anything, they say.
[01:41:32.160 --> 01:41:41.160]  Anyway, I guess my question is, he stated that it was a site and release warrant,
[01:41:41.160 --> 01:41:48.160]  but the warrant clearly says bring him in front of me forthwith.
[01:41:48.160 --> 01:41:57.160]  So, in court, when he said, I arrested him on a site and released warrant,
[01:41:57.160 --> 01:42:03.160]  I'm thinking he perjured himself because it wasn't a site and release warrant.
[01:42:03.160 --> 01:42:13.160]  It was a, he was commanded by the warrant to bring me in front of him or the nearest magistrate.
[01:42:13.160 --> 01:42:25.160]  So, I guess what I'm asking is, did he perjure himself in court when he said it was a site and release warrant?
[01:42:25.160 --> 01:42:27.160]  I don't know.
[01:42:27.160 --> 01:42:33.160]  If you looked up site and release warrant, is it in California's statute?
[01:42:33.160 --> 01:42:36.160]  That's what I was just wondering. I'm looking it up right now.
[01:42:36.160 --> 01:42:39.160]  What the heck is site and release? How can that be a warrant?
[01:42:39.160 --> 01:42:43.160]  Because it sounds like it has to, a warrant needs to be signed by a judge, right?
[01:42:43.160 --> 01:42:47.160]  But they're saying site and release warrant to you?
[01:42:47.160 --> 01:42:48.160]  I'm looking that up.
[01:42:48.160 --> 01:42:58.160]  Right. I looked it, I looked and I couldn't find it anywhere in the legislative, in the penal code or in any of the codes.
[01:42:58.160 --> 01:43:03.160]  Then it doesn't exist. This is just some policy.
[01:43:03.160 --> 01:43:07.160]  Right. And they're good at policies.
[01:43:07.160 --> 01:43:13.160]  And their policy doesn't get them around statutory requirements.
[01:43:13.160 --> 01:43:17.160]  Okay. So, then he dispergers himself?
[01:43:17.160 --> 01:43:28.160]  I did. Then he has a, they have issued a policy intended to circumvent law.
[01:43:28.160 --> 01:43:33.160]  Policy intended.
[01:43:33.160 --> 01:43:35.160]  Okay.
[01:43:35.160 --> 01:43:45.160]  So, what they're supposed to take you to a magistrate, they site and release, so that you can then be called before the magistrate.
[01:43:45.160 --> 01:43:46.160]  Okay.
[01:43:46.160 --> 01:43:50.160]  And they don't have to bother taking you there.
[01:43:50.160 --> 01:43:51.160]  Oh.
[01:43:51.160 --> 01:44:00.160]  That's not what the law commands. Now you have to spend this time with, with this charge hanging on.
[01:44:00.160 --> 01:44:06.160]  Through advances in technology, our lives have greatly improved, except in the area of nutrition.
[01:44:06.160 --> 01:44:11.160]  People feed their pets better than they feed themselves, and it's time we changed all that.
[01:44:11.160 --> 01:44:17.160]  Our primary defense against aging and disease in this toxic environment is good nutrition.
[01:44:17.160 --> 01:44:25.160]  In a world where natural foods have been irradiated, adulterated, and mutilated, young Jevity can provide the nutrients you need.
[01:44:25.160 --> 01:44:31.160]  Logo's radio network gets many requests to endorse all sorts of products, most of which we reject.
[01:44:31.160 --> 01:44:34.160]  We have come to trust Jevity so much.
[01:44:34.160 --> 01:44:40.160]  We became a marketing distributor along with Alex Jones, Ben Fuchs, and many others.
[01:44:40.160 --> 01:44:47.160]  When you order from logosradionetwork.com, your health will improve as you help support quality radio.
[01:44:47.160 --> 01:44:52.160]  As you realize the benefits of young Jevity, you may want to join us.
[01:44:52.160 --> 01:45:03.160]  As a distributor, you can experience improved health, help your friends and family, and increase your income. Order now.
[01:45:03.160 --> 01:45:06.160]  Are you the plaintiff or defendant in a lawsuit?
[01:45:06.160 --> 01:45:17.160]  Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course that will show you how in 24 hours, step-by-step.
[01:45:17.160 --> 01:45:21.160]  If you have a lawyer, know what your lawyer should be doing.
[01:45:21.160 --> 01:45:25.160]  If you don't have a lawyer, know what you should do for yourself.
[01:45:25.160 --> 01:45:30.160]  Thousands have won with our step-by-step course, and now you can too.
[01:45:30.160 --> 01:45:36.160]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[01:45:36.160 --> 01:45:45.160]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[01:45:45.160 --> 01:45:54.160]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more.
[01:45:54.160 --> 01:46:03.160]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[01:46:24.160 --> 01:46:29.160]  Okay, we are back.
[01:46:29.160 --> 01:46:35.160]  Randy Kelton, Brett Fountain, rule of law radio, and we're running short on time.
[01:46:35.160 --> 01:46:39.160]  Bob, do you have anything else for us?
[01:46:39.160 --> 01:46:46.160]  Just one thing I wanted to ask.
[01:46:46.160 --> 01:46:48.160]  I'll let you know.
[01:46:48.160 --> 01:46:50.160]  I'll figure it out.
[01:46:50.160 --> 01:46:55.160]  Just send me an email.
[01:46:55.160 --> 01:46:57.160]  Okay, you got it.
[01:46:57.160 --> 01:47:00.160]  Okay, thank you, Bob.
[01:47:00.160 --> 01:47:04.160]  Now we're going to go to John in New York.
[01:47:04.160 --> 01:47:08.160]  John, what have you been up to?
[01:47:08.160 --> 01:47:09.160]  Well, not too much.
[01:47:09.160 --> 01:47:10.160]  I've been trying to stay alive.
[01:47:10.160 --> 01:47:12.160]  How are you doing?
[01:47:12.160 --> 01:47:16.160]  Pretty good for an old fat guy.
[01:47:16.160 --> 01:47:17.160]  You're fat?
[01:47:17.160 --> 01:47:21.160]  Yesterday I was doing a show with Pastor Massad.
[01:47:21.160 --> 01:47:25.160]  We do one in the morning, record it for Monday playback.
[01:47:25.160 --> 01:47:34.160]  And we come back from break and I told him that I was real busy during the break stretching out all my t-shirts.
[01:47:34.160 --> 01:47:41.160]  Because I had put on this old t-shirt that was about 10 years old.
[01:47:41.160 --> 01:47:49.160]  And my wife walked in and she looked at my midsection and said, well, you've lost weight.
[01:47:49.160 --> 01:47:54.160]  Oh, she didn't realize the t-shirt was old and stretched out.
[01:47:54.160 --> 01:48:00.160]  So I was in there stretching out the rest of it.
[01:48:00.160 --> 01:48:03.160]  Okay, what do you have for us today?
[01:48:03.160 --> 01:48:12.160]  Well, based on what you told me before, you already told me and I came up with something based on what you told me.
[01:48:12.160 --> 01:48:19.160]  Now you tell me if I'm reasoning this correctly, I like to have backup plans.
[01:48:19.160 --> 01:48:23.160]  You know, if one thing doesn't work, then something else will.
[01:48:23.160 --> 01:48:28.160]  So this concerns a $5,000 debt you helped me with, with Discover.
[01:48:28.160 --> 01:48:31.160]  And you tell me if I'm reasoning this right.
[01:48:31.160 --> 01:48:39.160]  Number one, they suggest you call the company and tell them you're having problems because of COVID, like everybody else is.
[01:48:39.160 --> 01:48:44.160]  And see what you can come up with there.
[01:48:44.160 --> 01:48:50.160]  So based on COVID, you claim a hardship and everybody's got a hardship with COVID.
[01:48:50.160 --> 01:49:02.160]  Number two, plan number two, excuse me, you can just plain stop paying and to hang on to the money that you normally would have paid them.
[01:49:02.160 --> 01:49:08.160]  Just like you said before, wait for the collection notices to come in.
[01:49:08.160 --> 01:49:15.160]  And I don't think Discover is going to have collections people that are going to screw up.
[01:49:15.160 --> 01:49:16.160]  I doubt it.
[01:49:16.160 --> 01:49:20.160]  But if they do, I'm there to catch them, that I can do.
[01:49:20.160 --> 01:49:22.160]  So that's the second plan.
[01:49:22.160 --> 01:49:25.160]  Just stop paying and wait for the collection letter.
[01:49:25.160 --> 01:49:31.160]  And then three, several months later, say, look, I'm going to go for bankruptcy.
[01:49:31.160 --> 01:49:33.160]  I can't do this anymore.
[01:49:33.160 --> 01:49:41.160]  And you've got, we'll say you've got $500 saved up from what you would have normally paid them.
[01:49:41.160 --> 01:49:48.160]  And you use that as leverage, say, look, a resident to give the $500 down to the bankruptcy lawyer.
[01:49:48.160 --> 01:49:54.160]  I'll give it to you, but cancel the debt because otherwise you're not going to get any money at all.
[01:49:54.160 --> 01:50:00.160]  Now, you have been paying attention.
[01:50:00.160 --> 01:50:03.160]  Excellent.
[01:50:03.160 --> 01:50:05.160]  Is that a bad thing?
[01:50:05.160 --> 01:50:07.160]  Is that a bad thing or a good thing?
[01:50:07.160 --> 01:50:09.160]  That's a good thing.
[01:50:09.160 --> 01:50:11.160]  Now you're getting it.
[01:50:11.160 --> 01:50:23.160]  You know, we can get into these court fights, but court battles are tough and there are a solution, but they're a horrible solution.
[01:50:23.160 --> 01:50:37.160]  If we can find a way to schmooze these guys or maneuver them into a position to where it's more economically feasible for them to give us a great deal and get this whole thing to go away,
[01:50:37.160 --> 01:50:41.160]  much better than getting into a court battle.
[01:50:41.160 --> 01:50:46.160]  I very much like what you're speaking to.
[01:50:46.160 --> 01:50:47.160]  All right.
[01:50:47.160 --> 01:50:49.160]  Now, there's only one problem.
[01:50:49.160 --> 01:50:57.160]  I've got a house and there's another person on the house listed as tax owner.
[01:50:57.160 --> 01:51:00.160]  And so there's two names on the house.
[01:51:00.160 --> 01:51:03.160]  They can put a lien on the house regardless of whether there's another name on there.
[01:51:03.160 --> 01:51:06.160]  Can they not?
[01:51:06.160 --> 01:51:08.160]  Yes.
[01:51:08.160 --> 01:51:09.160]  Okay.
[01:51:09.160 --> 01:51:12.160]  In that case, they have leaned.
[01:51:12.160 --> 01:51:14.160]  I said yes.
[01:51:14.160 --> 01:51:17.160]  That's going to be state specific.
[01:51:17.160 --> 01:51:22.160]  But reasonably, I would say yes, they would be able to do that.
[01:51:22.160 --> 01:51:31.160]  But they would only be able to extract from the house as much ownership as you have in the house.
[01:51:31.160 --> 01:51:32.160]  Yeah.
[01:51:32.160 --> 01:51:38.160]  Okay. Now, the other part is if we can cover this, let's see if I remember what my question was.
[01:51:38.160 --> 01:51:43.160]  It's really important.
[01:51:43.160 --> 01:51:48.160]  So when a judge, if it goes to court and a judge will issue a judgment.
[01:51:48.160 --> 01:51:57.160]  Now, if he issues a judgment, he's got to have a way to have the client or not the client, but the plaintiff collect on the debt.
[01:51:57.160 --> 01:52:06.160]  Now, if your only income is social security and nothing else, and it's not that much to begin with, then they can't go after the social security.
[01:52:06.160 --> 01:52:11.160]  Can they go after anything else besides I don't have a car?
[01:52:11.160 --> 01:52:13.160]  I don't have stocks or bonds.
[01:52:13.160 --> 01:52:15.160]  I don't have 401Ks.
[01:52:15.160 --> 01:52:18.160]  I've got nothing except the house.
[01:52:18.160 --> 01:52:21.160]  They've got nothing to go after.
[01:52:21.160 --> 01:52:25.160]  So he can issue all the judgments he wants and it's not going to do them any good.
[01:52:25.160 --> 01:52:26.160]  Am I right?
[01:52:26.160 --> 01:52:32.160]  Yeah. After seven years, the judgment will expire unless they renew it.
[01:52:32.160 --> 01:52:38.160]  And almost certainly, if unless it's a really major debt, they're not going to renew it.
[01:52:38.160 --> 01:52:43.160]  Right. So what do you think on $5,000 is DiscoverCard going to do?
[01:52:43.160 --> 01:52:46.160]  Are they going to just give it to a collection agency, sell it?
[01:52:46.160 --> 01:52:47.160]  Yep.
[01:52:47.160 --> 01:52:55.160]  They're going to give it to a collection agency and the collection agency will almost certainly take pennies on the dollar.
[01:52:55.160 --> 01:53:03.160]  Right. And do you think they'll sell it to them or do you think they'll just give it to them to collect for them?
[01:53:03.160 --> 01:53:05.160]  Oh, no, they will sell it to them.
[01:53:05.160 --> 01:53:10.160]  Oh, so in other words, then I'm not doing business with Discover anymore.
[01:53:10.160 --> 01:53:17.160]  Right. They don't want to mess with collecting. They just, they sell them off so they don't spend time on them.
[01:53:17.160 --> 01:53:18.160]  Right. Okay.
[01:53:18.160 --> 01:53:25.160]  And then the collection agency, you know, they get it at pennies on the dollar. You know, some of them are really good.
[01:53:25.160 --> 01:53:29.160]  Some they collect pretty easy and some they can't collect.
[01:53:29.160 --> 01:53:33.160]  And those they can't collect, they don't spend a lot of money on.
[01:53:33.160 --> 01:53:40.160]  Yeah. Well, so you offer them a deal, they'll probably take it and go away.
[01:53:40.160 --> 01:53:42.160]  You mean the collection agency, yeah.
[01:53:42.160 --> 01:53:44.160]  Yeah, collection agency.
[01:53:44.160 --> 01:53:48.160]  Especially if you hammer them a little bit.
[01:53:48.160 --> 01:53:57.160]  Yeah, that's my turf. I know, I'm real good with that. I used to do that work and they don't know that, but that's okay.
[01:53:57.160 --> 01:54:08.160]  All right. That's pretty much it. Is it true? My question is, so I am correct, even though the judge can issue a judgment all day long,
[01:54:08.160 --> 01:54:17.160]  if there is no money to draw to access and there's no way to get it except put a lien on the house,
[01:54:17.160 --> 01:54:21.160]  chances are, this cover is not going to put a lien on the house, are they?
[01:54:21.160 --> 01:54:27.160]  It might, but it won't be worth anything unless you plan to sell the house relatively soon.
[01:54:27.160 --> 01:54:42.160]  I'm not sure. That doesn't happen often. I would want to look at New York law concerning liens on real property.
[01:54:42.160 --> 01:54:55.160]  When I'm helping people with foreclosure issues, the only liens I see on real property are tax liens,
[01:54:55.160 --> 01:55:03.160]  material men's liens, mechanics liens, and mortgages.
[01:55:03.160 --> 01:55:11.160]  So there has to be a reason why nobody is filing any other liens on real property and it's almost certainly in statute.
[01:55:11.160 --> 01:55:19.160]  When I was a collector, we used to have to pull credit files and the law was a little different in those days.
[01:55:19.160 --> 01:55:27.160]  I did see exactly what you just said. I didn't see liens for credit cards. I never saw any of those.
[01:55:27.160 --> 01:55:37.160]  Okay, a mechanics lien and a material men's lien, they always go to work done on the real property itself.
[01:55:37.160 --> 01:55:49.160]  So I've never seen any liens on real property that weren't strictly related to the property itself.
[01:55:49.160 --> 01:55:56.160]  I've especially credit card liens. I haven't seen ever seen one on property in any state.
[01:55:56.160 --> 01:55:59.160]  Got it. Okay.
[01:55:59.160 --> 01:56:09.160]  So it's almost certain there's going to be something prohibiting them from clouding the title on real property.
[01:56:09.160 --> 01:56:16.160]  I have another question. Section B and C, you mentioned if you walk into a court and you want records,
[01:56:16.160 --> 01:56:22.160]  and they say, what do you want those records for? You mean you can dial 911 for that?
[01:56:22.160 --> 01:56:40.160]  The Open Government Act for Texas says the custodian may determine, do you know exactly how that's stated?
[01:56:40.160 --> 01:56:48.160]  They can ask you to identify yourself and they can ask you for clarification,
[01:56:48.160 --> 01:56:56.160]  but they may not ask you why you want the records. You're not required to identify yourself.
[01:56:56.160 --> 01:57:02.160]  You can still be anonymous, but they get to ask that if they want to. They just don't get to ask why.
[01:57:02.160 --> 01:57:05.160]  Okay, and you can dial 911 for that?
[01:57:05.160 --> 01:57:09.160]  Absolutely. I've set them up for that.
[01:57:09.160 --> 01:57:13.160]  What's the charge? What would the charge be?
[01:57:13.160 --> 01:57:23.160]  Look at the end of your Open Government Act. Almost always it will be the last or next to the last statute section in there.
[01:57:23.160 --> 01:57:29.160]  Let's say a violation of this statute is generally a class A misdemeanor.
[01:57:29.160 --> 01:57:36.160]  Okay, class A, that's what I saw. It's just like a judge that fails to apply the law to the facts of the case, right?
[01:57:36.160 --> 01:57:38.160]  Yes.
[01:57:38.160 --> 01:57:45.160]  Official misconduct is what it's called in Texas and it's probably the same everywhere else.
[01:57:45.160 --> 01:57:49.160]  Yeah, I think it would be official misconduct here too. I seem to remember that.
[01:57:49.160 --> 01:58:00.160]  All right, let's see. I guess that's about it.
[01:58:00.160 --> 01:58:06.160]  Well, you're about out of time. We've got 47 seconds left.
[01:58:06.160 --> 01:58:11.160]  What's it going to do for Open Records Requests?
[01:58:11.160 --> 01:58:17.160]  Everybody can go to NFOIC.org.
[01:58:17.160 --> 01:58:24.160]  It's National Freedom of Information Coalition, NFOIC.org, and they go by state.
[01:58:24.160 --> 01:58:30.160]  You can look at the different states and it kind of jumps you straight to where you need to look at for their laws per state.
[01:58:30.160 --> 01:58:33.160]  Are you going after the governor?
[01:58:33.160 --> 01:58:40.160]  Wait, wait, John, we are out of time. This is Randy Kelton, Brett Fountain, Lula Law Radio. Thank you all for listening.
[01:58:40.160 --> 01:58:46.160]  We'll be back next week and we hope we have our equipment up working better, so we'll be on time.
[01:58:46.160 --> 01:58:50.160]  Thank you for listening and good night.
[01:58:50.160 --> 01:58:57.160]  Bibles for America is offering absolutely free, a unique study Bible called the New Testament Recovery Version.
[01:58:57.160 --> 01:59:04.160]  The New Testament Recovery Version has over 9,000 footnotes that explain what the Bible says verse by verse,
[01:59:04.160 --> 01:59:08.160]  helping you to know God and to know the meaning of life.
[01:59:08.160 --> 01:59:20.160]  Order your free copy today from Bibles for America. Call us toll-free at 888-551-0102 or visit us online at bfa.org.
[01:59:20.160 --> 01:59:27.160]  This translation is highly accurate and it comes with over 13,000 cross references, plus charts and maps,
[01:59:27.160 --> 01:59:32.160]  and an outline for every book of the Bible. This is truly a Bible you can understand.
[01:59:32.160 --> 01:59:40.160]  To get your free copy of the New Testament Recovery Version, call us toll-free at 888-551-0102.
[01:59:40.160 --> 01:59:51.160]  That's 888-551-0102 or visit us online at bfa.org.