ROL_2021-01-28_16k.timecode

[00:00.000 --> 00:06.760]  The following news flash is brought to you by the Lone Star Lowdown.
[00:06.760 --> 00:13.120]  Markets for Monday the 22nd of July 2019 open with precious metals, gold at $1,429 an ounce,
[00:13.120 --> 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 --> 00:41.400]  $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:41.400 --> 00:52.360]  Today in history, the year 1916, the preparedness day bombing, a time suitcase bomb was detonated
[00:52.360 --> 00:57.760]  on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[00:57.760 --> 01:04.760]  the 10 and injuring 40.
[01:04.760 --> 01:05.760]  And recent news.
[01:05.760 --> 01:10.440]  Since Governor Greg Abbott signed House Bill 1325 legalizing Hemp and Attacks's law back
[01:10.440 --> 01:15.000]  in June, county prosecutors around the state including Houston, Austin, and San Antonio
[01:15.000 --> 01:19.120]  have been dropping marijuana possession charges and even refusing to file new ones since they
[01:19.120 --> 01:23.200]  are stipulating that they do not have the time or the laboratory equipment to test the
[01:23.200 --> 01:27.800]  Europe for THC, Margaret Moore, the Travis County District Attorney, announced earlier
[01:27.800 --> 01:32.520]  this month that she was dismissing 32 felony possession and delivery of marijuana cases
[01:32.520 --> 01:33.720]  because of the law.
[01:33.720 --> 01:37.600]  Mr. Abbott and other state officials, including the Attorney General stipulated in a letter
[01:37.600 --> 01:42.120]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.120 --> 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, Kyma 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 --> 02:01.840]  prosecution of marijuana cases in El Paso.
[02:01.840 --> 02:06.760]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.760 --> 02:10.760]  in Harris County who stated that, quote, the law is constantly changing on what makes
[02:10.760 --> 02:13.480]  something illegal based on its chemical makeup.
[02:13.480 --> 02:17.360]  It's important that if someone is charged with something, the test matches what they're
[02:17.360 --> 02:22.600]  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 --> 02:32.320]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.320 --> 02:38.000]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.000 --> 02:39.000]  Pacific Ocean.
[02:39.000 --> 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 --> 03:18.440]  flow.
[03:20.040 --> 03:24.040]  What you gonna do? What you gonna do?
[03:24.040 --> 03:29.040]  Yeah! Bad boys, bad boys
[03:29.040 --> 03:32.040]  What you gonna do? What you gonna do when they come for you?
[03:32.040 --> 03:34.040]  Bad boys, bad boys
[03:34.040 --> 03:38.040]  What you gonna do? What you gonna do when they come for you?
[03:38.040 --> 03:41.040]  When you were eight and you had bad traits
[03:41.040 --> 03:44.040]  You go to school and learn to go and then lose
[03:44.040 --> 03:46.040]  So why are you acting like a bloody fool?
[03:46.040 --> 03:50.040]  If you get mad and you must get cool, bad boys, bad boys
[03:50.040 --> 03:54.040]  What you gonna do? What you gonna do when they come for you?
[03:54.040 --> 03:56.040]  Bad boys, bad boys
[03:56.040 --> 04:00.040]  What you gonna do? What you gonna do when they come for you?
[04:00.040 --> 04:03.040]  You took it done that one, you took it done this one
[04:03.040 --> 04:06.040]  You took it done your mother, you took it done your father
[04:06.040 --> 04:14.480]  Okay, howdy, howdy, Randy Kelton, Brett Fountain, rule of law radio on this Thursday, the 28th
[04:14.480 --> 04:21.800]  day of January 2021.
[04:21.800 --> 04:29.400]  And I'm going to start out today talking about what's going on in Wise County.
[04:29.400 --> 04:40.080]  When you do your homework and you get the law on your side, you can have so much fun.
[04:40.080 --> 04:45.760]  Brett and I have been peppering Wise County with information requests.
[04:45.760 --> 04:54.320]  And of all the requests that we filed, two of them stand out as absolute gems, or not
[04:54.320 --> 05:02.600]  so much as the requests, but the very accommodating responses we got to them.
[05:02.600 --> 05:08.400]  And one of them, was both of them yours, Brett?
[05:08.400 --> 05:11.440]  No, no, one was mine, one was mine.
[05:11.440 --> 05:20.600]  I sent one to the county attorney or to the district clerk and asked for all of the documents
[05:20.600 --> 05:31.720]  in the record that are from, I think, January, a June of 2020 to December, that are specifically
[05:31.720 --> 05:39.480]  referenced by Article 17.30, Texas Code of Criminal Procedure, specifically, all orders
[05:39.480 --> 05:46.440]  under 16.17 and all warrants under 16.20.
[05:46.440 --> 05:51.160]  December 16 is the examining trial.
[05:51.160 --> 05:58.400]  And the county attorney sent me a response saying that in the 15 years that he has been
[05:58.400 --> 05:59.400]  county attorney.
[05:59.400 --> 06:00.400]  20 years.
[06:00.400 --> 06:01.400]  Did he say 20?
[06:01.400 --> 06:02.400]  No, I thought it was 50.
[06:02.400 --> 06:03.400]  How many have you said 20?
[06:03.400 --> 06:11.680]  I mean, he said they had never done an examining trial.
[06:11.680 --> 06:18.040]  So I sent him a response back that said your answer was so good, if you weren't so ugly
[06:18.040 --> 06:20.560]  I'd kiss you right on the mouth.
[06:20.560 --> 06:25.280]  So I'm hoping he's wondering why that request was so good.
[06:25.280 --> 06:28.120]  I think by now he knows.
[06:28.120 --> 06:38.280]  Brett sent a request to the sheriff asking for records of all training of sheriff's
[06:38.280 --> 06:41.840]  deputies in arrest procedures.
[06:41.840 --> 06:45.360]  Can you tell them what you got, Brett?
[06:45.360 --> 06:49.120]  Well, the sheriff didn't have any training materials.
[06:49.120 --> 06:53.000]  That's what he said.
[06:53.000 --> 06:55.000]  No records responsive.
[06:55.000 --> 06:57.640]  Well, that's interesting.
[06:57.640 --> 07:01.640]  So why are those two so good?
[07:01.640 --> 07:13.560]  Well, one is Article 14.06 very clearly instructs an officer who makes an arrest for an on-site
[07:13.560 --> 07:19.520]  offense to take the person directly to the nearest magistrate.
[07:19.520 --> 07:33.440]  Article 143.002 tells a police officer who arrests anyone for a traffic offense to take
[07:33.440 --> 07:37.760]  them directly to the nearest magistrate.
[07:37.760 --> 07:46.640]  So any arrest on an on-site offense, the code very clearly directs the officer to take the
[07:46.640 --> 07:49.360]  person directly to the nearest magistrate.
[07:49.360 --> 07:59.040]  And Article 2.13, Texas Code of Criminal Procedure, directs a peace officer when he hasn't known
[07:59.040 --> 08:08.840]  to him that a crime has been committed, he's to present a complaint to some magistrate.
[08:08.840 --> 08:18.240]  When a magistrate sits for the purpose of examining into a criminal accusation, that
[08:18.240 --> 08:22.760]  is an examining court.
[08:22.760 --> 08:29.880]  Chapter 16 lays down the procedures for an examining court.
[08:29.880 --> 08:33.720]  We call it an examining trial.
[08:33.720 --> 08:44.320]  In Chapter 16, after the judge has heard the evidence, the judge shall issue an order stating
[08:44.320 --> 08:52.560]  whether the person was released at their liberty, released on bond or bound to the remanded
[08:52.560 --> 08:55.840]  to the county jail.
[08:55.840 --> 09:10.000]  And then he is to issue that order and 17.30 tells the judge or magistrate after this examining
[09:10.000 --> 09:17.640]  trial to seal all documents had in the hearing, cause his name to be written across the seal
[09:17.640 --> 09:21.920]  of the envelope and forward it to the clerk of the court of jurisdiction.
[09:21.920 --> 09:32.480]  So in order for the magistrate to have jurisdiction to hold an examining trial, there must be
[09:32.480 --> 09:39.920]  presented to the magistrate a criminal affidavit, which must include a statement of probable
[09:39.920 --> 09:43.520]  cause.
[09:43.520 --> 09:48.600]  That's given to the magistrate so that the magistrate can hold this hearing.
[09:48.600 --> 09:56.560]  But when he's done, or she's done, she's to seal all these documents in an envelope
[09:56.560 --> 10:01.960]  causes her name to be written across the seal of the envelope and forward it to the clerk
[10:01.960 --> 10:04.320]  of the court of jurisdiction.
[10:04.320 --> 10:14.080]  So the criminal affidavit should absolutely be in the hands of the court clerk, but it's
[10:14.080 --> 10:16.580]  not there.
[10:16.580 --> 10:17.580]  I looked.
[10:17.580 --> 10:21.160]  None other in none of them.
[10:21.160 --> 10:22.160]  I see an indictment.
[10:22.160 --> 10:28.400]  Nobody would feel bad about putting in an envelope and seal it all up with no documents in it.
[10:28.400 --> 10:32.120]  That would probably be difficult.
[10:32.120 --> 10:35.480]  So I went to look in the record.
[10:35.480 --> 10:39.960]  I didn't see a criminal affidavit.
[10:39.960 --> 10:40.960]  I saw indictments.
[10:40.960 --> 10:46.040]  I was looking in the felony, the district court records.
[10:46.040 --> 10:53.840]  I saw indictments and I saw bond forms.
[10:53.840 --> 11:01.200]  I also saw a request for court appointing counsel or appointment of counsel.
[11:01.200 --> 11:03.320]  That was it.
[11:03.320 --> 11:13.640]  So I asked the clerk, how do you initiate a criminal prosecution with no criminal affidavit
[11:13.640 --> 11:16.000]  and no order from a magistrate?
[11:16.000 --> 11:18.240]  Well, this is all I get.
[11:18.240 --> 11:20.880]  Yeah, I got that part.
[11:20.880 --> 11:24.120]  But how does this court get jurisdiction?
[11:24.120 --> 11:27.120]  Well, she didn't know.
[11:27.120 --> 11:31.880]  So I went to the broth to the district attorney and asked him for it.
[11:31.880 --> 11:34.520]  But he didn't have it either.
[11:34.520 --> 11:39.040]  He said, if I want to look at one of those, I have to contact sheriff.
[11:39.040 --> 11:45.680]  So I put in a request to the sheriff and they didn't show up on time.
[11:45.680 --> 11:54.560]  The county attorney, he did his little, James Staton, who was a county attorney, had been
[11:54.560 --> 11:58.400]  dealing with us on these requests.
[11:58.400 --> 12:09.280]  And he left the office because a county judge passed away and the district attorney was
[12:09.280 --> 12:12.160]  appointed to the county judge's position.
[12:12.160 --> 12:21.440]  Then the county attorney was appointed to the district attorney's position and a certain
[12:21.440 --> 12:32.840]  lawyer who we will refer to as shiny teeth and non-stinky armpits, that's one that Brett
[12:32.840 --> 12:37.400]  had barred, was appointed as county attorney.
[12:37.400 --> 12:48.720]  So I'm speaking to Aberg, double A, B, E, R, G, who was the lawyer who took the county
[12:48.720 --> 12:50.920]  attorney's place.
[12:50.920 --> 12:56.480]  And the first communication I got from him is this is about the above subject line.
[12:56.480 --> 13:02.440]  And the subject line is the probable cause affidavits inherited this from James Staton,
[13:02.440 --> 13:03.440]  who is now DA.
[13:03.440 --> 13:06.200]  I understand this is due tomorrow, the 20th.
[13:06.200 --> 13:11.200]  I'm asking if we can have a little more time since it just started to review the file.
[13:11.200 --> 13:16.800]  Please respond to this email to give me a call, blah, blah, blah, that number and so and so.
[13:16.800 --> 13:19.560]  So I responded.
[13:19.560 --> 13:22.880]  I told him, where's my response?
[13:22.880 --> 13:24.880]  Okay, here's my response.
[13:24.880 --> 13:29.880]  It's reasonable and not for the sake of delay.
[13:29.880 --> 13:30.880]  Yeah, I'm not.
[13:30.880 --> 13:38.360]  I'm very gracious of you because you were really the original person in that role who
[13:38.360 --> 13:45.680]  failed to do that duty, made the office owe you something and then he slipped away.
[13:45.680 --> 13:46.680]  Yeah.
[13:46.680 --> 13:53.760]  Well, I'm not done with him, but I had plans for this, this prosecuting attorney.
[13:53.760 --> 13:58.320]  There is an outcome I'm trying to get to.
[13:58.320 --> 14:06.040]  And since this guy's new in the office, I wanted to create a circumstance to where he
[14:06.040 --> 14:12.280]  would not be too careless and be more likely to go to the place I want him to go.
[14:12.280 --> 14:17.200]  So I filed a response that said, I'm not sure which request you're referring to because
[14:17.200 --> 14:25.600]  I sent a number of requests for these affidavits, sent them to the district clerk and somebody
[14:25.600 --> 14:26.600]  else.
[14:26.600 --> 14:27.600]  Nobody had them.
[14:27.600 --> 14:32.200]  So I wasn't sure which one he was responding to.
[14:32.200 --> 14:38.760]  I will not, and in any case, yes, I will not complain about the time so long as the custodian
[14:38.760 --> 14:41.360]  acts in good faith.
[14:41.360 --> 14:43.480]  Please exercise caution.
[14:43.480 --> 14:49.840]  James was responding to requests to the district clerk and that could be problematic as James
[14:49.840 --> 14:54.160]  was a county employee at the time, not state.
[14:54.160 --> 15:00.520]  I don't know if you're aware of who I am, and if you are, all that stuff about me is
[15:00.520 --> 15:02.720]  girlish propaganda.
[15:02.720 --> 15:07.520]  I do a radio show out of Austin, Texas, on the reform recently as arrested while having
[15:07.520 --> 15:12.120]  a private conversation with Greg Lowry in his private office by an officer who was upset
[15:12.120 --> 15:16.560]  because he knew I would be filing criminal charges against him.
[15:16.560 --> 15:23.000]  I've avoided Wise County for the last 15 years as it is where I live, but Sergeant Riggs threw
[15:23.000 --> 15:24.240]  down the gauntlet.
[15:24.240 --> 15:31.520]  I was planning an action for Dallas County, but Sergeant Riggs opened this door.
[15:31.520 --> 15:33.720]  Please be very careful with me.
[15:33.720 --> 15:35.680]  I want no favor.
[15:35.680 --> 15:39.220]  It is better for me if you fight me like a tiger.
[15:39.220 --> 15:43.400]  What I don't want are any more legal issues than I have.
[15:43.400 --> 15:47.560]  It gets too complex and I have all the claims I need.
[15:47.560 --> 15:51.880]  I have a very specific and clearly defined purpose behind what I'm doing.
[15:51.880 --> 15:58.120]  I will do nothing that is not carefully calculated to lead me toward my intended outcome.
[15:58.120 --> 16:01.960]  You are new in the office and I've heard good things about you.
[16:01.960 --> 16:06.240]  I was referring to the shoddy teeth and non-sticky armpits.
[16:06.240 --> 16:09.960]  James on the other hand, not so much.
[16:09.960 --> 16:12.960]  I'm looking forward to meeting you in court.
[16:12.960 --> 16:20.960]  I plan to give you and Judge Morrow, Sheriff Aiken and Wise County a romp through the legal
[16:20.960 --> 16:24.840]  system they are not going to believe.
[16:24.840 --> 16:31.800]  Just my way of saying greetings and congratulations on your new position, and I hope to introduce
[16:31.800 --> 16:36.520]  you to the deep end of the pool.
[16:36.520 --> 16:45.440]  Well, let's see now his response was, thank you for your kind words on my new position.
[16:45.440 --> 16:47.200]  As I said, I look forward to working with you.
[16:47.200 --> 16:52.160]  I'm aware of the situation in which you refer to Greg's office, and I would also like to
[16:52.160 --> 16:58.640]  talk about that some- what those annoying breaks.
[16:58.640 --> 17:09.760]  It's the 2019 Logos Radio Network annual fundraiser and gun giveaway sponsored by Central Texas
[17:09.760 --> 17:10.760]  Gun Works.
[17:10.760 --> 17:14.400]  Go to LogosRadioNetwork.com and enter to win.
[17:14.400 --> 17:18.040]  Any amount is appreciated, everything helps to keep us on the air.
[17:18.040 --> 17:24.480]  From Central Texas Gun Works, the grand prize up for grabs is a Spikes Tactical AR 15.
[17:24.480 --> 17:27.040]  More prizes and sponsors to be announced.
[17:27.040 --> 17:30.240]  Every $25 donation is a chance to win.
[17:30.240 --> 17:35.840]  When you purchase Randy Kelton's e-book, Legal 101, you get four chances to win.
[17:35.840 --> 17:39.520]  Purchase Eddie Craig's traffic seminar and get 10 chances to win.
[17:39.520 --> 17:44.120]  If you've enjoyed the shows on Logos Radio Network, support our fundraiser so we can
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[17:55.480 --> 18:01.240]  Go to LogosRadioNetwork.com for details and donate today.
[18:01.240 --> 18:05.520]  Logos Radio Network welcomes a new show to our lineup for the new year.
[18:05.520 --> 18:11.800]  Scripture Talk with Nana will begin Wednesday, January 8th, from 8 to 10 p.m. Central Time.
[18:11.800 --> 18:14.840]  Our goal is in accord with Matthew 516.
[18:14.840 --> 18:19.880]  Let your light so shine before men that they may see your good works and glorify your Father
[18:19.880 --> 18:21.440]  which is in heaven.
[18:21.440 --> 18:26.560]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[18:26.560 --> 18:31.800]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed
[18:31.800 --> 18:34.920]  to provoke unto love and good works.
[18:34.920 --> 18:39.320]  Our verse by verse Bible studies will begin in the book of Matthew where we will discuss
[18:39.320 --> 18:41.080]  one chapter per week.
[18:41.080 --> 18:46.160]  Our topical Bible studies will vary each week and will explore sound doctrine as well as
[18:46.160 --> 18:48.360]  Christian character development.
[18:48.360 --> 18:56.000]  So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. starting January
[18:56.000 --> 19:22.840]  8th for an inspiring and motivating discussion of the Scriptures.
[19:22.840 --> 19:45.160]  Okay, we are back, Randy Kelton, Brett Fountain, with our radio.
[19:45.160 --> 19:51.920]  What I'm doing is setting them up so that when I file a tort letter, they will want
[19:51.920 --> 19:55.360]  to give me a lot of money to get me to go away and leave them alone.
[19:55.360 --> 20:03.360]  And if they do that, I'm going to take that money and leave them alone and then go to
[20:03.360 --> 20:15.280]  every arrest they make or have made and send these people a communication pointing them
[20:15.280 --> 20:20.280]  to a website I have together where they can go on the website, fill out this questionnaire
[20:20.280 --> 20:31.040]  and it will spit them out a motion to dismiss a criminal complaints, bar grievances, a T
[20:31.040 --> 20:37.800]  cold complaints and a civil suit, a tort letter and a civil suit.
[20:37.800 --> 20:45.680]  Now they're going to offer me a deal to get me to go away and I'll do just exactly that
[20:45.680 --> 20:49.160]  and then I'll send everybody else after them.
[20:49.160 --> 20:57.840]  And I really am doing what I said, preparing to give them a romp through the legal system.
[20:57.840 --> 21:01.440]  They are not going to believe.
[21:01.440 --> 21:09.280]  Well, after his response, I sent him this second.
[21:09.280 --> 21:18.320]  He thanked me for being nice and for my nice words and what did he actually say?
[21:18.320 --> 21:19.320]  Thank you for your kind words.
[21:19.320 --> 21:21.440]  As I said, I look forward to working with you.
[21:21.440 --> 21:24.280]  I'm aware of the situation.
[21:24.280 --> 21:31.400]  Also to the request at hand, it was for probable cause after David's for July to December.
[21:31.400 --> 21:37.040]  I believe if we, the county, have filed the case, it is available in either one of the
[21:37.040 --> 21:42.040]  clerk's offices on a public terminal for your review.
[21:42.040 --> 21:43.040]  Not.
[21:43.040 --> 21:45.240]  I checked both.
[21:45.240 --> 21:48.800]  Okay, my response.
[21:48.800 --> 21:57.040]  I made a request to, let me go back to the one I was looking at, got it here, I made
[21:57.040 --> 22:03.240]  a request to the sheriff's office for probable cause statements he has, he has that have
[22:03.240 --> 22:10.280]  not been presented to the clerk in accordance with Texas Code Grim procedure to 13, 1730
[22:10.280 --> 22:17.840]  213 commands the peace officer to present the complaint to some magistrate and 1730
[22:17.840 --> 22:23.280]  commands the magistrate after an examining trial in Chapter 16 to forward the documents
[22:23.280 --> 22:25.600]  to the clerk of the court of jurisdiction.
[22:25.600 --> 22:28.600]  I've checked with all the magistrates in the county.
[22:28.600 --> 22:30.680]  They don't have them.
[22:30.680 --> 22:37.040]  Since the clerk doesn't have them and Greg Lowry told me he doesn't have them, the question
[22:37.040 --> 22:43.760]  becomes, do you have them, if not the arresting officer, the sheriff must have them.
[22:43.760 --> 22:55.360]  If the sheriff doesn't have them, if the sheriff has them, sorry, if the sheriff has them,
[22:55.360 --> 23:06.480]  he has them in violation of Texas Penal Code 3710, he has committed a bunch of, if the
[23:06.480 --> 23:11.320]  sheriff has them, he has them in violation of Texas Penal Code 3710, he has committed
[23:11.320 --> 23:13.560]  a bunch of crimes.
[23:13.560 --> 23:18.280]  Article 213 requires peace officers to give the affidavits to some magistrate, the magistrates
[23:18.280 --> 23:21.920]  commanded to send them to the clerk according to jurisdiction.
[23:21.920 --> 23:27.840]  Then the magistrates are committing a bunch of crimes, so they didn't do it.
[23:27.840 --> 23:31.520]  When I get the affidavits and get the full name and badge numbers of the arresting officers
[23:31.520 --> 23:38.080]  who made the arrest and took the accused directly to jail, I'll be charging them with a bunch
[23:38.080 --> 23:40.080]  of crimes.
[23:40.080 --> 23:43.200]  James left you with a conundrum.
[23:43.200 --> 23:47.200]  When you interact with me on the sheriff's behalf concerning open records, you are not
[23:47.200 --> 23:53.400]  acting in the capacity of a prosecuting attorney, but as a lawyer for the sheriff.
[23:53.400 --> 23:55.200]  You know what that means.
[23:55.200 --> 23:58.840]  It means you have no immunity of any kind.
[23:58.840 --> 24:03.200]  Even when you act in the capacity of county attorney and have it made known to you that
[24:03.200 --> 24:08.040]  a public official has violated a law related to his office, you are required to act in
[24:08.040 --> 24:14.040]  accordance to the Texas Code of Criminal Procedure, Article 2.03.
[24:14.040 --> 24:20.160]  When I filed first degree felony aggravated assault charges against district judge Faustel
[24:20.160 --> 24:28.600]  with Greg Gregus, the past district attorney, and put him on this dime, I brought him one.
[24:28.600 --> 24:33.880]  I don't think he found that as funny as I did, but he acted in accordance with Article
[24:33.880 --> 24:38.560]  2.03 and gave the complaints to the grand jury.
[24:38.560 --> 24:43.520]  The question didn't become, what are you going to do?
[24:43.520 --> 24:47.920]  Welcome to the deep end of the pool.
[24:47.920 --> 24:50.960]  Am I having too much fun or what, Brett?
[24:50.960 --> 24:56.640]  Well, I can't fault you for it.
[24:56.640 --> 24:59.320]  I had some fun of my own today.
[24:59.320 --> 25:03.400]  Oh, tell us what you were up to.
[25:03.400 --> 25:10.960]  Well, before we switch gears, I would just mention that this sheriff, Aiken, you know,
[25:10.960 --> 25:15.280]  it's not altogether his fault that he's not giving you these documents that you've requested
[25:15.280 --> 25:19.760]  because, well, that poor man, he hasn't had the proper training.
[25:19.760 --> 25:20.760]  His own staff.
[25:20.760 --> 25:27.440]  Wait, I thought he was the one that was supposed to do the training.
[25:27.440 --> 25:33.720]  No, I'm saying for the records training, the attorney general requires all custodians
[25:33.720 --> 25:41.680]  of records, everybody who's responsible to respond to these records requests.
[25:41.680 --> 25:46.920]  Well, sure, they can hire somebody to help them out, but these people have to have training
[25:46.920 --> 25:47.920]  every year.
[25:47.920 --> 25:50.920]  It's mandatory by law.
[25:50.920 --> 26:00.200]  Well, he hasn't had any, and his helper lady hasn't had any since September 2019.
[26:00.200 --> 26:06.600]  So they're pretty far out of this mandatory training, and that could explain.
[26:06.600 --> 26:11.400]  Maybe he just didn't know he hasn't been trained.
[26:11.400 --> 26:16.160]  Oh, great defense.
[26:16.160 --> 26:21.040]  I was ignorant and incompetent.
[26:21.040 --> 26:29.960]  Yeah, I think he's screwed, screws V US.
[26:29.960 --> 26:39.040]  If a public official violates a ruling of this court and he be sane, he may not be heard
[26:39.040 --> 26:42.840]  to say he knows not what he does.
[26:42.840 --> 26:43.960]  That's right.
[26:43.960 --> 26:58.120]  So they, between the, the response the sheriff gave to Brett, what that did was told us that
[26:58.120 --> 27:05.360]  these peace officers, when they arrest someone and take them directly to jail, they acted
[27:05.360 --> 27:14.720]  in knowing intentional and direct violation of Article 14.06, Texas Code of Criminal Procedure,
[27:14.720 --> 27:22.880]  and they did so on their own volition because they were not trained by the sheriff in the
[27:22.880 --> 27:27.120]  practices and policies they're using.
[27:27.120 --> 27:34.680]  He threw them under the bus, and I intend to run over with it.
[27:34.680 --> 27:41.880]  When I start hammering these guys for following standard procedure, and I'll file criminal
[27:41.880 --> 27:45.760]  charges against them, but that's not likely to go anywhere, and I really don't want that
[27:45.760 --> 27:46.760]  to.
[27:46.760 --> 27:53.360]  I just want to wave that grand jury at him in case, you know, what if you get a grand
[27:53.360 --> 27:58.800]  jury member who the night before he gets here, he got a call at two in the morning because
[27:58.800 --> 28:06.680]  his 16-year-old granddaughter was in the drunk take.
[28:06.680 --> 28:16.760]  He's not likely to be happy, and what if he decides to take you on and send a message?
[28:16.760 --> 28:22.920]  Who wants to play Russian roulette with their careers and their liberty?
[28:22.920 --> 28:28.520]  And when I'm charging these guys with first-degree foul and aggravated assault, okay, maybe they
[28:28.520 --> 28:36.840]  won't come back with that, maybe they'll only come back with second-degree aggravated assault.
[28:36.840 --> 28:41.200]  That's five to ten, that'll work.
[28:41.200 --> 28:47.040]  So that's going to terrify him, but I really don't want him indicted, but I will file a
[28:47.040 --> 28:51.320]  deco complaint against the officer now.
[28:51.320 --> 28:58.960]  That's going to hurt him, against the officer, against the intake person in the jail, which
[28:58.960 --> 29:05.720]  is usually a sergeant, and a sergeant Thomas, and he was really a nice guy, and the intake
[29:05.720 --> 29:10.680]  person's lieutenant and the sheriff.
[29:10.680 --> 29:20.640]  So they get four PICO complaints for each arrest.
[29:20.640 --> 29:27.640]  All complaints for all, and I'm building the system that will simply spit them out.
[29:27.640 --> 29:29.880]  You put in the data, it spits them out.
[29:29.880 --> 29:35.000]  That's why I'm bringing up the traffic site, and I'll talk to that a little bit on the
[29:35.000 --> 29:40.920]  other side, and then we'll go to our callers, Randy Kelton, Brett Fountain, Rue La Radio,
[29:40.920 --> 29:46.240]  our call-in number, 512-646-1984, call lines are open.
[29:46.240 --> 29:52.000]  People open all night, so if you have a question or a comment, give us a call.
[29:52.000 --> 30:01.560]  We'll be right back.
[30:01.560 --> 30:06.360]  Businesses ask you for a lot of personal information, and you may trust them to keep it safe, but
[30:06.360 --> 30:11.240]  it turns out that even the most trusted companies may be unwittingly revealing your secrets.
[30:11.240 --> 30:15.960]  I'm Dr. Katherine Albrecht, and I'll be right back with details.
[30:15.960 --> 30:17.560]  Data privacy is under attack.
[30:17.560 --> 30:21.960]  When you give up data about yourself, you'll never get it back again, and once your privacy
[30:21.960 --> 30:25.920]  is gone, you'll find your freedoms will start to vanish too.
[30:25.920 --> 30:31.520]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:31.520 --> 30:33.680]  Privacy, it's worth hanging on to.
[30:33.680 --> 30:38.000]  This public service announcement is brought to you by StartPage.com, the private search
[30:38.000 --> 30:41.520]  engine alternative to Google, Yahoo, and Bing.
[30:41.520 --> 30:45.240]  Start over with StartPage.
[30:45.240 --> 30:49.980]  Social privacy is a big deal, so nearly every company has a policy explaining how they handle
[30:49.980 --> 30:51.480]  your personal information.
[30:51.480 --> 30:54.440]  But what happens if it escapes their control?
[30:54.440 --> 30:56.120]  It's not an idle question.
[30:56.120 --> 31:01.240]  According to a recent survey, a shocking 90% of U.S. companies admit their security was
[31:01.240 --> 31:03.600]  breached by hackers in the last year.
[31:03.600 --> 31:07.480]  That's one more reason you should trust your searches to StartPage.com.
[31:07.480 --> 31:11.840]  Unlike other search engines, StartPage doesn't store any data on you.
[31:11.840 --> 31:15.520]  They've never been hacked, but even if they were, there would be nothing for criminals
[31:15.520 --> 31:16.520]  to see.
[31:16.520 --> 31:18.020]  The cupboard would be bare.
[31:18.020 --> 31:21.560]  Too bad other companies don't treat your data the same way.
[31:21.560 --> 31:23.000]  I'm Dr. Catherine Albrecht.
[31:23.000 --> 31:52.920]  More news and information at CatherineAlbrecht.com.
[31:52.920 --> 31:54.440]  And thank you for listening.
[31:54.440 --> 31:56.520]  See you next time.
[31:56.520 --> 31:57.520]  Bye.
[31:57.520 --> 31:58.520]  Bye.
[31:58.520 --> 31:59.520]  Bye.
[31:59.520 --> 32:00.520]  Bye.
[32:00.520 --> 32:01.520]  Bye.
[32:01.520 --> 32:02.520]  Good night.
[32:02.520 --> 32:03.520]  Bye.
[32:03.520 --> 32:04.520]  Bye.
[32:04.520 --> 32:05.520]  Bye.
[32:05.520 --> 32:08.920]  In today's America, we live in an us against them society, and if we, the people, are ever
[32:08.920 --> 32:12.920]  going to have a free society, then we're going to have to stand and defend our own rights.
[32:12.920 --> 32:16.320]  Among those rights are the right to travel freely from place to place, the right to act
[32:16.320 --> 32:20.200]  in our own private capacity, and most importantly, the right to due process of law.
[32:20.200 --> 32:24.200]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:24.200 --> 32:26.080]  our rights through due process.
[32:26.080 --> 32:29.560]  Former Sheriff's Deputy A. Craig, in conjunction with Rule of Law Radio, has put together the
[32:29.560 --> 32:33.320]  most comprehensive teaching tool available that will help you understand what due process
[32:33.320 --> 32:35.720]  is and how to hold reports to the rule of law.
[32:35.720 --> 32:39.720]  You can get your own copy of this invaluable material by going to ruleoflawradio.com and
[32:39.720 --> 32:41.040]  ordering your copy today.
[32:41.040 --> 32:44.400]  By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code,
[32:44.400 --> 32:48.800]  The Law vs. the Lie, video and audio of the original 2009 seminar, hundreds of research
[32:48.800 --> 32:51.120]  documents and other useful resource material.
[32:51.120 --> 32:55.080]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:55.080 --> 33:02.080]  For your copy today and together, we can have free society we all want and deserve.
[33:25.080 --> 33:39.360]  Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio, and I kind of cut Brett
[33:39.360 --> 33:41.200]  off and got carried away.
[33:41.200 --> 33:46.440]  Brett, you were going to tell us about the fun and games you were having today.
[33:46.440 --> 33:47.440]  Sure.
[33:47.440 --> 33:55.200]  Well, it was just, well, this morning, I got to start out with a smile and a chuckle.
[33:55.200 --> 34:04.000]  It was, well, last Monday, a few days ago here, I was helping a lady to file an opposition
[34:04.000 --> 34:15.680]  to some foreclosure fraud nonsense, and the clerk came back saying it wasn't deemed filed.
[34:15.680 --> 34:23.920]  So I asked the opposing attorney, the attorney who had started this trouble, and put in the
[34:23.920 --> 34:25.680]  petition that needed opposition.
[34:25.680 --> 34:33.120]  I asked that attorney to, well, you know, since this clerk has included you on this
[34:33.120 --> 34:40.880]  email, you now have a duty as an attorney to correct that error.
[34:40.880 --> 34:44.360]  And I copied the attorney's boss.
[34:44.360 --> 34:50.160]  And next thing you know, that attorney decided to reach out and start giving me some legal
[34:50.160 --> 34:56.120]  advice, some bad legal advice that's opposite to the law.
[34:56.120 --> 35:01.840]  Well, so of course I turned around and then I didn't say anything back to her, I just
[35:01.840 --> 35:03.320]  went straight to her boss.
[35:03.320 --> 35:13.400]  And I said, well, since you're underling here has decided to violate the rules of ethics
[35:13.400 --> 35:20.400]  and has given me legal advice that I didn't ask for and is trying to violate my rights
[35:20.400 --> 35:21.400]  and is lying.
[35:21.400 --> 35:27.520]  And I think that you need to address these issues of violations of the rules of ethics.
[35:27.520 --> 35:32.640]  And I copied all the six partners of the law firm so they could see that as well.
[35:32.640 --> 35:36.880]  That's what I was doing while I was enjoying the sunrise this morning.
[35:36.880 --> 35:40.040]  Have you bar-grieved them yet?
[35:40.040 --> 35:44.920]  I'm working on it right now.
[35:44.920 --> 35:48.040]  That's a technique you started.
[35:48.040 --> 35:57.360]  And frankly, I find it, I don't want to say genius, but it's pretty close.
[35:57.360 --> 36:01.640]  All this time I've been working and dealing with these guys and putting up with smart
[36:01.640 --> 36:03.280]  mouth lawyers.
[36:03.280 --> 36:10.400]  It never occurred to me that I didn't have to deal with them because I didn't hire them.
[36:10.400 --> 36:13.920]  They don't work for me.
[36:13.920 --> 36:15.280]  And they work for that other guy.
[36:15.280 --> 36:18.760]  Now, if I had a lawyer, that lawyer couldn't talk to me.
[36:18.760 --> 36:23.480]  He would have to talk to that other lawyer.
[36:23.480 --> 36:27.360]  But if I don't have a lawyer, he can't talk to my lawyer because there's no lawyer to
[36:27.360 --> 36:29.320]  talk to.
[36:29.320 --> 36:35.320]  And naturally, he would think the only one to talk to would be me.
[36:35.320 --> 36:42.200]  But it was Brett that brought up the position that just because the lawyer wants to talk
[36:42.200 --> 36:46.360]  to me, that don't mean I have to deal with him.
[36:46.360 --> 36:51.960]  If you're sending in an information request, we didn't send it to the lawyer.
[36:51.960 --> 36:59.200]  So if this person hired you, then go talk to them, don't talk to me.
[36:59.200 --> 37:00.200]  Great strategy.
[37:00.200 --> 37:01.200]  Okay.
[37:01.200 --> 37:06.480]  Our call board is filling up, and there was one more thing I was going to address, but
[37:06.480 --> 37:09.840]  I completely forgot what it was.
[37:09.840 --> 37:13.920]  I guess I need to take another sink pill or something.
[37:13.920 --> 37:14.920]  Okay.
[37:14.920 --> 37:16.920]  We're going to go to Chris in Colorado.
[37:16.920 --> 37:18.640]  Hello, Chris.
[37:18.640 --> 37:21.160]  What do you have for us today?
[37:21.160 --> 37:23.280]  Well, I have a question.
[37:23.280 --> 37:25.400]  How are you guys doing?
[37:25.400 --> 37:27.440]  Doing good for an old fat guy.
[37:27.440 --> 37:32.440]  I don't know, Al, where it's doing.
[37:32.440 --> 37:33.440]  Okay.
[37:33.440 --> 37:35.880]  Well, good talk to you guys again.
[37:35.880 --> 37:38.480]  Randy, I have a question.
[37:38.480 --> 37:43.800]  I'm still in the middle of this while I'm taking my time on this towing thing that I
[37:43.800 --> 37:47.400]  called in you guys about a year ago or so.
[37:47.400 --> 37:52.920]  I spoke to Eddie over the summer and just asked him a question.
[37:52.920 --> 37:58.000]  He told me something that I've been trying to move on, but it's been right back at the
[37:58.000 --> 38:01.840]  beginning almost with these agencies in Chicago.
[38:01.840 --> 38:07.720]  He said, I got a ruling from the administrative hearings that the tow that was done was illegal
[38:07.720 --> 38:10.440]  and that it was also consumer fraud.
[38:10.440 --> 38:16.640]  So as soon as I filed my own civil suit, I think you'd mention that's a, I figure you
[38:16.640 --> 38:26.120]  said it, did you do the COTA that was the- Okay, if both parties agreed, was this court
[38:26.120 --> 38:35.920]  ordered mediation or was this, I'm saying, was it binding mediation?
[38:35.920 --> 38:40.200]  Not only was mediation, what happened is I filed a complaint with the business and consumer
[38:40.200 --> 38:41.200]  affairs agency.
[38:41.200 --> 38:45.880]  They're the acting authority over towing along with the police, superintendent of police.
[38:45.880 --> 38:47.000]  I filed a complaint with them.
[38:47.000 --> 38:48.000]  They did an investigation.
[38:48.000 --> 38:55.120]  They filed a bunch of, they call them ANOVs, filed a bunch of fines against them and they
[38:55.120 --> 38:59.240]  pled liable to most of them and then they also threw one in there, which was consumer
[38:59.240 --> 39:03.600]  fraud and they pled liable to basically consumer fraud.
[39:03.600 --> 39:09.440]  So- Okay, this goes to something peculiar in law.
[39:09.440 --> 39:21.960]  What the case law has said is that where there is a governing body and the governing body
[39:21.960 --> 39:31.240]  makes a determination, the courts have no power to overturn that determination.
[39:31.240 --> 39:37.640]  Because the governing body is specifically knowledgeable in this particular area and
[39:37.640 --> 39:43.240]  the judge doesn't necessarily have any special knowledge in this area.
[39:43.240 --> 39:52.400]  So it would be inappropriate for a judge to overturn a ruling by an agency that specializes
[39:52.400 --> 39:53.960]  in this area.
[39:53.960 --> 39:58.240]  So that would absolutely be res judicata.
[39:58.240 --> 39:59.560]  That's a done deal.
[39:59.560 --> 40:00.560]  Okay.
[40:00.560 --> 40:06.920]  So when I filed my civil, I have three years of statute limitations for consumer fraud
[40:06.920 --> 40:12.320]  as three years in Chicago, so I've got till this spring to finish, get that in.
[40:12.320 --> 40:17.200]  The civil suit I'm going to do, but what I was told was as soon as I had that ruling,
[40:17.200 --> 40:22.240]  I should have went back to the police and filed criminal charges because as soon as
[40:22.240 --> 40:27.720]  I had that ruling, it made the toe illegal and it also made it vehicle theft and vandalism.
[40:27.720 --> 40:28.720]  So- Exactly.
[40:28.720 --> 40:36.000]  That's what I've been trying to do, but what happens in the one district or I guess they
[40:36.000 --> 40:42.080]  call Ward, where this particular CAHPS division, which is the business side of police, they
[40:42.080 --> 40:44.760]  have switched heads three times in the past two years.
[40:44.760 --> 40:51.440]  So first guy got promoted or moved and he's now back as a liaison, but he's just talked
[40:51.440 --> 40:53.080]  to him, which is good news.
[40:53.080 --> 40:56.920]  But the woman who came in as a sergeant ahead of him, she started doing some work, but she
[40:56.920 --> 41:00.960]  was nervous and she wouldn't go really go- She didn't know how to apply the law that
[41:00.960 --> 41:02.960]  was made just four years ago.
[41:02.960 --> 41:05.120]  Now we have a new guy who's had a new sergeant.
[41:05.120 --> 41:08.000]  He told me this exactly because I finally started pushing on him.
[41:08.000 --> 41:12.160]  He says, this is more civilized, no, it's not civil.
[41:12.160 --> 41:13.720]  With that ruling, this is now criminal.
[41:13.720 --> 41:17.880]  He says, well, then it's more misdemeanor and I didn't go into arguing, but I looked it
[41:17.880 --> 41:18.880]  up.
[41:18.880 --> 41:20.920]  A misdemeanor is up to five to $700.
[41:20.920 --> 41:24.960]  If you steal a car that's five to $10,000, that's a felony.
[41:24.960 --> 41:30.200]  So I'm trying to not burn my bridges with the police who's actually going to have to
[41:30.200 --> 41:32.960]  do something, but I also want to get them to move.
[41:32.960 --> 41:37.520]  They won't, he keeps saying, he told me straight up, I'm not going to do anything unless I
[41:37.520 --> 41:41.520]  get a court order telling me to go arrest these people.
[41:41.520 --> 41:43.960]  And that's straight up told me.
[41:43.960 --> 41:44.960]  Okay.
[41:44.960 --> 41:49.840]  Your criminal complaint does not go to a policing agency.
[41:49.840 --> 41:53.480]  It goes to a magistrate.
[41:53.480 --> 42:02.680]  You take it to a judge, all judges are magistrates and preferably most of the time where any
[42:02.680 --> 42:10.400]  state who actually does an examining trial will do so in the justice court.
[42:10.400 --> 42:16.080]  So go to your local justice court and file criminal charges against these people with
[42:16.080 --> 42:21.480]  the JP court and then look at the procedure.
[42:21.480 --> 42:27.960]  What is, look up a preliminary hearing.
[42:27.960 --> 42:29.440]  That's what it's called in most states.
[42:29.440 --> 42:33.760]  In Texas, it's examining trial, so that's the term we use here.
[42:33.760 --> 42:37.200]  But in most states, it's called a preliminary hearing.
[42:37.200 --> 42:41.840]  Look up the procedures for preliminary hearing.
[42:41.840 --> 42:45.360]  And when you file with the magistrate, you know, the magistrate's not going to have a
[42:45.360 --> 42:51.840]  dog in this hunt because you're not filing a call against police officers or public officials.
[42:51.840 --> 42:59.320]  So you're, and if you have a ruling by an agency calling this criminal, then you should
[42:59.320 --> 43:05.840]  have little difficulty getting the magistrate to issue a warrant.
[43:05.840 --> 43:07.480]  I see.
[43:07.480 --> 43:08.480]  Okay.
[43:08.480 --> 43:10.080]  And the warrant goes to the police.
[43:10.080 --> 43:13.080]  That's what the sergeant was asking you for.
[43:13.080 --> 43:14.080]  Okay.
[43:14.080 --> 43:16.960]  I guess I, yeah, that makes sense.
[43:16.960 --> 43:21.080]  I'm trying to get the police because the only two, the law essentially says the only two
[43:21.080 --> 43:27.480]  people who have authority to enforce this law is the BACP and the superintendent police,
[43:27.480 --> 43:28.480]  which means the police.
[43:28.480 --> 43:33.240]  But the police are afraid of doing investigations on their own under that law.
[43:33.240 --> 43:35.640]  So I'm having a hard time motivating them to...
[43:35.640 --> 43:38.040]  Oh, you don't need an investigation.
[43:38.040 --> 43:41.560]  You already have one and a determination.
[43:41.560 --> 43:43.360]  Now you ask for a warrant.
[43:43.360 --> 43:44.360]  Right.
[43:44.360 --> 43:47.320]  But there's more laws if people are still breaking until this day.
[43:47.320 --> 43:48.320]  Okay.
[43:48.320 --> 43:49.320]  Hang on.
[43:49.320 --> 43:50.320]  Sure.
[43:50.320 --> 43:51.320]  All right.
[43:51.320 --> 43:55.320]  Sponsors, Randy Kelton, Brett Fountain Rula Radio, call in number 512-646-1984, we'll
[43:55.320 --> 43:56.320]  be right back.
[43:56.320 --> 43:57.320]  I love logos.
[43:57.320 --> 43:58.320]  Without the shows on this network, I'd be almost as ignorant as my friends.
[43:58.320 --> 43:59.320]  I'm so addicted to the truth now that there's no going back.
[43:59.320 --> 44:00.320]  I need my truth spent.
[44:00.320 --> 44:01.320]  I'd be lost without logos.
[44:01.320 --> 44:02.320]  And I really want to help keep this network on the air.
[44:02.320 --> 44:03.320]  And I'd love to volunteer as a show producer, but I'm a bit of a Luddite.
[44:03.320 --> 44:04.320]  And I really don't have any money to give because I spent it all on supplements.
[44:04.320 --> 44:05.320]  How many times do I have to spend?
[44:05.320 --> 44:06.320]  How many times do I have to spend?
[44:06.320 --> 44:07.320]  How many times do I have to spend?
[44:07.320 --> 44:08.320]  How many times do I have to spend?
[44:08.320 --> 44:09.320]  How many times do I have to spend?
[44:09.320 --> 44:20.320]  How many times do I have to spend?
[44:20.320 --> 44:29.320]  How many times do I have to spend?
[44:29.320 --> 44:36.320]  How many times do I have to spend?
[44:36.320 --> 44:43.320]  How many times do I have to spend?
[44:43.320 --> 44:46.320]  How many times do I have to spend?
[44:46.320 --> 44:47.320]  How many times do I have to spend?
[44:47.320 --> 44:48.320]  How many times do I have to spend?
[44:48.320 --> 44:49.320]  How many times do I have to spend?
[44:49.320 --> 44:50.320]  How many times do I have to spend?
[44:50.320 --> 44:51.320]  How many times do I have to spend?
[44:51.320 --> 44:52.320]  How many times do I have to spent?
[44:52.320 --> 44:53.320]  How many times do I have to spend?
[44:53.320 --> 44:54.320]  How many times do I have to spend?
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[45:03.320 --> 45:04.320]  How many times do I spend?
[45:04.320 --> 45:11.080]  In your case, without an attorney, with Jurisdictionary, the affordable, easy-to-understand 4-CD course
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[45:56.280 --> 46:03.280]  Our call toll-free 866-LAW-E-Z.
[46:26.280 --> 46:47.560]  Okay, we are back.
[46:47.560 --> 46:51.920]  Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Chris in Colorado.
[46:51.920 --> 46:59.400]  Chris, you already have the investigation, you already have the results of the investigation.
[46:59.400 --> 47:07.400]  The police do not need to do any further investigation because there is an agency specifically responsible
[47:07.400 --> 47:10.560]  for that that already did it.
[47:10.560 --> 47:15.640]  Now you need to just give it to a judge and ask for a warrant.
[47:15.640 --> 47:16.640]  Okay.
[47:16.640 --> 47:25.320]  That should get everybody's attention, and that's exactly what this sergeant was asking
[47:25.320 --> 47:26.320]  you for.
[47:26.320 --> 47:32.520]  When the judge sends you a warrant, then he'll move ahead on it.
[47:32.520 --> 47:33.520]  Okay.
[47:33.520 --> 47:40.520]  So the tow truck driver, I have his name, but he's been fired.
[47:40.520 --> 47:45.960]  I don't know if it's directly because of my involvement or not, but they tried to
[47:45.960 --> 47:51.000]  escape, and they tried to avoid me letting me figure out who that was, but then the person
[47:51.000 --> 47:55.800]  who's really causing the problems and instructing her people to do this is the owner of a tow
[47:55.800 --> 47:56.800]  company.
[47:56.800 --> 47:58.640]  She's the sleazy one.
[47:58.640 --> 48:03.800]  So who does the warrant go to, both or her?
[48:03.800 --> 48:06.440]  Respondee at superior.
[48:06.440 --> 48:15.920]  If she was directing them, if you can't find the tow truck driver, you name the owner, and
[48:15.920 --> 48:17.240]  unknown truck driver.
[48:17.240 --> 48:19.280]  I have his name, though.
[48:19.280 --> 48:21.200]  I do have the truck driver's name.
[48:21.200 --> 48:22.200]  Oh, okay.
[48:22.200 --> 48:29.040]  Then you name both of them because what you want is the driver to throw the boss under
[48:29.040 --> 48:31.040]  the bus.
[48:31.040 --> 48:33.200]  Absolutely.
[48:33.200 --> 48:37.440]  He don't have a dog in the hut, and when you come after him, he's going to want a way
[48:37.440 --> 48:41.920]  out, so he'll feed you his boss to get out.
[48:41.920 --> 48:42.920]  Okay.
[48:42.920 --> 48:47.080]  The prosecutor will probably do that for you.
[48:47.080 --> 48:48.080]  Okay.
[48:48.080 --> 48:49.080]  Okay.
[48:49.080 --> 48:53.440]  Well, I have some homework to do.
[48:53.440 --> 48:55.960]  Sounds like you're in good shape.
[48:55.960 --> 48:58.480]  It sounds like you're on the downhill slope.
[48:58.480 --> 49:01.400]  Well, there's a lot more to it.
[49:01.400 --> 49:05.320]  I got to do criminal charges, and I got to do a civil suit, and then I got to tie in
[49:05.320 --> 49:08.040]  the insurance company because they're backing these people.
[49:08.040 --> 49:10.720]  We talked about RICO last year.
[49:10.720 --> 49:12.880]  It's a lot more than I can swallow, that's for sure.
[49:12.880 --> 49:17.480]  But I definitely want the insurance company to pay a hefty fee for all this because they're
[49:17.480 --> 49:21.400]  the ones who could have just fixed my car in the beginning and what they're doing.
[49:21.400 --> 49:24.880]  You don't have a claim against the insurance company.
[49:24.880 --> 49:26.520]  I don't?
[49:26.520 --> 49:27.720]  No.
[49:27.720 --> 49:30.800]  You only have a claim against the actors.
[49:30.800 --> 49:34.960]  They have a claim against the insurance company.
[49:34.960 --> 49:39.120]  You get your claim against them, and then they take that to the insurance company to
[49:39.120 --> 49:40.120]  pay.
[49:40.120 --> 49:45.000]  If the insurance company doesn't pay them, you don't care.
[49:45.000 --> 49:48.640]  You get your money from the actor.
[49:48.640 --> 49:51.520]  Okay.
[49:51.520 --> 49:56.640]  I thought, okay, I've just heard in the past that you kind of include everybody and the
[49:56.640 --> 49:59.360]  one who's got the biggest bank usually ends up paying.
[49:59.360 --> 50:03.560]  Yeah, but the company acted on behalf of the tow company.
[50:03.560 --> 50:05.360]  They would not let me talk to the tow company.
[50:05.360 --> 50:09.480]  I was always deferred to the insurance company through this whole thing, and the insurance
[50:09.480 --> 50:11.240]  company just said, basically, screw you.
[50:11.240 --> 50:13.200]  If you don't like it, take us to court.
[50:13.200 --> 50:15.200]  Oh, that's different.
[50:15.200 --> 50:16.200]  Yeah.
[50:16.200 --> 50:17.200]  Yeah.
[50:17.200 --> 50:23.040]  If the insurance company stuck their nose in, then they stepped in it.
[50:23.040 --> 50:24.540]  Right.
[50:24.540 --> 50:33.440]  So if they chose to stand in for the defendants, then they become a defendant.
[50:33.440 --> 50:35.960]  So absolutely, in that case, name them.
[50:35.960 --> 50:36.960]  Okay.
[50:36.960 --> 50:41.240]  And I actually got, I put a pretty interesting letter I drafted last year, and I sent it
[50:41.240 --> 50:42.240]  to the company.
[50:42.240 --> 50:43.240]  I got no response.
[50:43.240 --> 50:48.440]  Usually, I get a response within a day, they'll have some rebuttal, they ignored.
[50:48.440 --> 50:52.160]  And then I asked them, just making sure you got it about 10, 20 days later, just making
[50:52.160 --> 50:53.160]  sure you got that letter.
[50:53.160 --> 50:58.040]  And I got a response, actually, from the head legal.
[50:58.040 --> 51:01.720]  He holds a position in the company, like a CEO, it's a few steps down, but he's also
[51:01.720 --> 51:03.360]  the head of legal.
[51:03.360 --> 51:09.240]  He's a lawyer, and he basically said, screw off too, you were parked illegally, we're
[51:09.240 --> 51:11.040]  not doing anything.
[51:11.040 --> 51:15.700]  And I wondered if that was just arrogance, or if he even bothered to read that I wasn't
[51:15.700 --> 51:22.000]  parked illegally, in that it was his, I even sent him a copy of the ruling from the administrative
[51:22.000 --> 51:23.000]  hearing.
[51:23.000 --> 51:24.000]  And he still said.
[51:24.000 --> 51:30.880]  Lawyers think that if they waddle their saber at you, you'll duck your head and run for
[51:30.880 --> 51:31.880]  cover.
[51:31.880 --> 51:34.240]  Bargree the lawyer?
[51:34.240 --> 51:35.240]  Not yet.
[51:35.240 --> 51:36.240]  No, no.
[51:36.240 --> 51:38.880]  Oh, you need to do that.
[51:38.880 --> 51:40.640]  Just for yucks.
[51:40.640 --> 51:41.720]  That gets his attention.
[51:41.720 --> 51:47.000]  That lets him know that when you're talking to him, you're setting him up so you can grieve
[51:47.000 --> 51:49.000]  him again.
[51:49.000 --> 51:50.000]  Okay.
[51:50.000 --> 51:55.000]  I'll do that before the next time I talk to him, we'll see if anything changes.
[51:55.000 --> 51:56.000]  Good.
[51:56.000 --> 52:02.120]  Give him about a week in between when you file that bar grievance, and give him about a week,
[52:02.120 --> 52:04.680]  and then call him and see how he feels about it.
[52:04.680 --> 52:06.240]  Okay, I'll do that.
[52:06.240 --> 52:11.760]  I think that company where they are, is either Wisconsin or Minnesota.
[52:11.760 --> 52:15.880]  I think this company, I don't know if that changes anything, if you know anything, it
[52:15.880 --> 52:16.880]  was Tuesday.
[52:16.880 --> 52:17.880]  Oh, it does.
[52:17.880 --> 52:20.680]  Now you sue him in the Fed.
[52:20.680 --> 52:22.680]  Right, right.
[52:22.680 --> 52:23.680]  Yeah.
[52:23.680 --> 52:31.680]  But wait a minute, if the company is out of, from out of state, and they committed the
[52:31.680 --> 52:38.520]  crime in Illinois, that's federal crime.
[52:38.520 --> 52:43.560]  Take it to the special agent charge local FBI.
[52:43.560 --> 52:49.240]  And what he will do is have two of his suits go out and investigate into it, and if he
[52:49.240 --> 52:54.120]  believes it should be adjudicated in the state, he'll let you know.
[52:54.120 --> 53:00.120]  But in the meantime, these guys get a visit from a couple of feds in expensive suits,
[53:00.120 --> 53:04.400]  and that will definitely get their attention.
[53:04.400 --> 53:05.640]  You broke up a little bit there.
[53:05.640 --> 53:09.640]  You sent an agency, I think you were talking, and then all I heard was suits after that.
[53:09.640 --> 53:12.080]  You broke up for about five seconds there.
[53:12.080 --> 53:20.920]  Okay, the, you want to file a criminal complaint with the special agent in charge of your local
[53:20.920 --> 53:21.920]  FBI office.
[53:21.920 --> 53:22.920]  Oh, wow.
[53:22.920 --> 53:29.120]  The SAC is the only one you can, whose name you can get, so you send the complaint directly
[53:29.120 --> 53:30.920]  to him.
[53:30.920 --> 53:37.160]  He will then send out two of his suits to talk to these folks.
[53:37.160 --> 53:43.200]  And when they get a visit from a couple of feds, you are going to get their attention.
[53:43.200 --> 53:49.680]  And they may tell you that you need to pursue this in the state, and that's okay.
[53:49.680 --> 53:53.560]  Because the other guys have already had to answer questions to the feds, now you got
[53:53.560 --> 53:56.720]  their attention, you get a little more leverage.
[53:56.720 --> 53:57.720]  Okay.
[53:57.720 --> 53:58.720]  Okay.
[53:58.720 --> 53:59.720]  Wow.
[53:59.720 --> 54:02.720]  This could be fun.
[54:02.720 --> 54:03.720]  Okay.
[54:03.720 --> 54:04.720]  Okay.
[54:04.720 --> 54:07.960]  Anything else, Chris?
[54:07.960 --> 54:08.960]  That's it.
[54:08.960 --> 54:09.960]  Thank you very much for your time.
[54:09.960 --> 54:10.960]  I appreciate it.
[54:10.960 --> 54:11.960]  Okay.
[54:11.960 --> 54:12.960]  Thank you for calling in.
[54:12.960 --> 54:15.320]  And now we're going to go to David in Texas.
[54:15.320 --> 54:16.800]  Hello, David.
[54:16.800 --> 54:18.800]  What do you have for us today?
[54:18.800 --> 54:19.800]  Yeah, Randy.
[54:19.800 --> 54:20.800]  I got a lawsuit.
[54:20.800 --> 54:21.800]  Wait, wait, wait, are you on a hands-free or Bluetooth?
[54:21.800 --> 54:22.800]  No.
[54:22.800 --> 54:23.800]  I'm on the site.
[54:23.800 --> 54:38.760]  You might need to get a little closer to the mic, you sound like you're in a well.
[54:38.760 --> 54:42.960]  I'm not going to say you sound like your head's in a toilet, because Brett used that
[54:42.960 --> 54:45.320]  on me the other day.
[54:45.320 --> 54:47.520]  Oh, okay.
[54:47.520 --> 54:53.280]  Yeah, go ahead, you still sound hollow, but go ahead.
[54:53.280 --> 55:04.520]  So anyway, upon this lawsuit, the federal courts, you know, so what they had is they
[55:04.520 --> 55:14.560]  ended up sending me, you know, different things that didn't have no bearing on the case, you
[55:14.560 --> 55:18.560]  know, a lot of lies and half-truths and all that.
[55:18.560 --> 55:23.520]  And they filed a criminal complaint against them.
[55:23.520 --> 55:27.320]  What they did is they filed a motion to strike.
[55:27.320 --> 55:38.520]  Now, the judge claims that on this motion to strike, they do it under 12 F.
[55:38.520 --> 55:46.840]  So I pull 12 F here, and I'm looking at it, and I can't quite get my head around it, but
[55:46.840 --> 55:54.200]  I think they want to put something up here, because down on this floor.
[55:54.200 --> 55:57.560]  Wait a minute, wait a minute, hold on, something's wrong here.
[55:57.560 --> 56:06.960]  You filed a criminal affidavit with the judge, and opposing counsel is treating that criminal
[56:06.960 --> 56:12.080]  affidavit as if it were a motion or a pleading.
[56:12.080 --> 56:13.080]  It is...
[56:13.080 --> 56:14.080]  Go ahead.
[56:14.080 --> 56:22.240]  Against the opposing counsel and the judge, they told me that they were going to take
[56:22.240 --> 56:30.000]  away my family's privileges, and they told me that I'm a private party, and the federal
[56:30.000 --> 56:35.600]  courts are only for government, I'll pick a little bit.
[56:35.600 --> 56:36.600]  Is it?
[56:36.600 --> 56:37.600]  This is in the state?
[56:37.600 --> 56:44.960]  This is in the district federal court.
[56:44.960 --> 56:55.000]  Oh, and a federal judge is telling you that you'll take, I now remember to take away your
[56:55.000 --> 56:57.000]  filing privileges.
[56:57.000 --> 57:03.800]  Well, gosh, golly darn, I didn't know that was a privilege.
[57:03.800 --> 57:12.200]  I thought it was a duty under 18 U.S. Code 4.
[57:12.200 --> 57:16.320]  This prison, did you file a felony misdemeanor?
[57:16.320 --> 57:28.800]  There were a whole bunch of them, there were quite some of them, 10 violations in the state
[57:28.800 --> 57:34.800]  and now it's filed under 242 and 241.
[57:34.800 --> 57:44.800]  I also sent a copy of more along with it, to have them take charge of the landstone.
[57:44.800 --> 57:51.360]  David, you do realize, don't you, that most people don't treat them that way.
[57:51.360 --> 57:55.240]  Most people are not trying to hold them accountable and don't even mention anything if they do
[57:55.240 --> 57:58.760]  something wrong, and while they don't even bring it up, you realize how bad they are
[57:58.760 --> 58:07.480]  that that must make these guys feel?
[58:07.480 --> 58:15.200]  Have you considered filing a petition for writ of mandamus with the Court of Appeals
[58:15.200 --> 58:24.560]  asking them to order this judge to do his duty as a magistrate and examine into the
[58:24.560 --> 58:29.760]  efficiency of this criminal accusation you filed, or if the judge is disqualified to send
[58:29.760 --> 58:35.040]  it to another magistrate so they can hold a preliminary hearing?
[58:35.040 --> 58:36.600]  That's what it's called in the feds.
[58:36.600 --> 58:43.760]  Hang on, about to go to our sponsors, Randy Kelton, Brett Fountain, Rue LaRadeo.
[58:43.760 --> 58:49.080]  I'm not going to give out the call-in number, we've got two callers and two sick, oh, we're
[58:49.080 --> 58:50.240]  going to force them.
[58:50.240 --> 58:55.680]  The Bible remains the most popular book in the world, yet countless readers are frustrated
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[59:43.840 --> 59:47.920]  or by ordering online at freestudybible.com.
[59:47.920 --> 01:00:00.680]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:00.680 --> 01:00:06.720]  The following news flash is brought to you by the Lone Star Lowdown.
[01:00:06.720 --> 01:00:13.080]  Markets for Monday the 22nd of July 2019 open with precious metals, gold $1,429 an ounce,
[01:00:13.080 --> 01:00:21.360]  silver $16.45 an ounce, copper $2.75 an ounce, oil Texas crude $55.63 a barrel, brand crude
[01:00:21.360 --> 01:00:29.760]  $62.47 a barrel, and cryptos in order of market cap, bitcoin core $10,566.52, ethereum
[01:00:29.760 --> 01:00:46.160]  $227.26, XRP Ripple $0.33, white coin $100.31, and bitcoin cash is at $324.10 a crypto coin.
[01:00:46.160 --> 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 --> 01:01:09.760]  And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hempon attacks
[01:01:09.760 --> 01:01:14.960]  his law back in June, county prosecutors around the state including Houston, Austin, San Antonio
[01:01:14.960 --> 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 --> 01:01:27.720]  earth for THC. Margaret Moore, the Travis County District Attorney announced earlier
[01:01:27.720 --> 01:01:32.440]  this month that she was dismissing 32 felony possession and delivery of marijuana cases
[01:01:32.440 --> 01:01:33.640]  because of the law.
[01:01:33.640 --> 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 --> 01:01:48.160]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works as
[01:01:48.160 --> 01:01:54.480]  well as other cities too like the District Attorney in El Paso, Cayma Esparza, a Democrat
[01:01:54.480 --> 01:01:59.680]  who also stated earlier this month that the law quote will not have an effect on the prosecution
[01:01:59.680 --> 01:02:01.760]  of marijuana cases in El Paso.
[01:02:01.760 --> 01:02:06.720]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[01:02:06.720 --> 01:02:11.160]  in Harris County who stated that quote, the law is constantly changing on what makes something
[01:02:11.160 --> 01:02:13.440]  illegal based on its chemical makeup.
[01:02:13.440 --> 01:02:17.240]  It's important that if someone is charged with something, the test matches what they
[01:02:17.240 --> 01:02:22.560]  are charged with.
[01:02:22.560 --> 01:02:27.560]  A paper by Tulane University identified a five and a half inch American pocket shark as the
[01:02:27.560 --> 01:02:32.720]  first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark
[01:02:32.720 --> 01:02:38.360]  ever captured or recorded with the other one being found way back in 1979 in the East Pacific
[01:02:38.360 --> 01:02:39.360]  Ocean.
[01:02:39.360 --> 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 --> 01:03:17.320]  glow.
[01:03:17.320 --> 01:03:43.320]  Okay, we are back. Randy Kelton, Brett Fountain, Rue La Radio. We're talking to David in Texas.
[01:03:43.320 --> 01:03:59.320]  So, David, since you filed a criminal complaint with a federal judge, and he's pretending like it is emotion or pleading, he can't pretend he doesn't know better.
[01:03:59.320 --> 01:04:15.320]  So, I would suggest making up a criminal complaint and, like the caller before you, file it with the special agent charge of the FBI, but I think you've already done some of that stuff, haven't you?
[01:04:15.320 --> 01:04:25.320]  Three times. The FBI is putting a little KTV now. They're putting a lot of time.
[01:04:25.320 --> 01:04:31.320]  Wait, I'm having trouble understanding you. On the complaints that you filed, did you get any response?
[01:04:31.320 --> 01:04:47.320]  Nah, you're not going to, because the lawsuit went off. Pretty much, they're in a KTV now. They're setting up all these operations across the country.
[01:04:47.320 --> 01:04:53.320]  They're working for some other guys, like George Shor, and everybody. They're not working for any of those guys.
[01:04:53.320 --> 01:05:07.320]  Well, that's okay, because if you can't get the local FBI to do anything, then you start filing in Washington, D.C. with the U.S. Attorney General.
[01:05:07.320 --> 01:05:11.320]  Yeah, that's how I've been doing.
[01:05:11.320 --> 01:05:37.320]  Okay, so you pretty well got this under control. One thing I wonder about, if a judge commits official misconduct, fails to perform a duty he's required to perform, and in the process denies you're informed for access to enjoying the right, that's a crime,
[01:05:37.320 --> 01:05:47.320]  does the judge have immunity for criminal acts committed from the bench?
[01:05:47.320 --> 01:05:53.320]  Have you considered suing the judge personally?
[01:05:53.320 --> 01:06:09.320]  Well, I didn't get around to lawsuits yet, until I get most of the stuff wrapped around my head. That's why I couldn't figure out how to handle this motion to strike.
[01:06:09.320 --> 01:06:28.320]  Because it says here, motion to strike, the court must strike follow up with an insufficient defense of any redundant immaterial or scandalous matter. The court may act, and it says here, number one, on the stone, and number two, is the 21-day.
[01:06:28.320 --> 01:06:35.320]  Okay, what you need to do is file a nuns pro-tunk.
[01:06:35.320 --> 01:06:42.320]  Would that be right, Brett? Would this be meat for a nuns pro-tunk? A nuns pro-tunk is when they made an error.
[01:06:42.320 --> 01:07:00.320]  Ah, I think a nuns pro-tunk goes to a non-substantial error. You should file an opposition to the motion as the document you filed, the criminal complaint, was not a motion, neither was it a pleading.
[01:07:00.320 --> 01:07:10.320]  This document invoked the judge's duty as a magistrate, which is separate from his duty as a judge.
[01:07:10.320 --> 01:07:14.320]  How would I file out of the criminal complaint?
[01:07:14.320 --> 01:07:35.320]  Well, you file this as a opposition to the motion to strike, as in the case of a criminal affidavit presented to a magistrate, the judge can only find probable cause or not find probable cause. Strike is not an option.
[01:07:35.320 --> 01:07:41.320]  Okay, you'll have to make a decision on whether that strike was legal or not.
[01:07:41.320 --> 01:07:47.320]  This is a criminal complaint. This is not a motion, neither is this a pleading.
[01:07:47.320 --> 01:08:02.320]  The judge in his capacity as a judge has no jurisdiction over this document. He only has jurisdiction over this document in his capacity as a magistrate.
[01:08:02.320 --> 01:08:12.320]  Do you think that it's really, honestly and truly that they see so little of the real due process that they don't know what to do with it, honestly?
[01:08:12.320 --> 01:08:13.320]  Yes.
[01:08:13.320 --> 01:08:20.320]  Do you think that they're just trying to flimflam him and they're just trying to get him to go away because they don't want to deal with it?
[01:08:20.320 --> 01:08:38.320]  No, I want to think that they know what they're doing. But we have Tina on next and Tina filed a petition for a declaratory judgment and clearly neither the judge nor the lawyer understood what it was.
[01:08:38.320 --> 01:08:56.320]  We had Don Terry in Alabama file a petition for declaratory judgment in the federal court and clearly the judge did not understand the difference between declaratory judgment and a petition.
[01:08:56.320 --> 01:09:07.320]  I think they don't know what they're doing and they're just taking a shot in the dark.
[01:09:07.320 --> 01:09:15.320]  I hate it that we have to assume that they're ignorant of what, but that's who wanted to purify. Go ahead, David.
[01:09:15.320 --> 01:09:34.320]  Yeah. When I file something against the judge, when I file something that I want to go, you can judge as a magistrate. Do you want to address that to the clerk of court so that the court of court considers it as a magistrate?
[01:09:34.320 --> 01:09:52.320]  It doesn't matter if you address it to the clerk of the court. The clerk of the court is the liaison between you and the judge. If you file a criminal complaint and give it to the clerk of the court, it's her duty to give it to the judge.
[01:09:52.320 --> 01:10:12.320]  Well, doesn't she have to determine whether it's a judge or a little magistrate? The form of the document, not the title of the document, not who it's presented to, but the form and substance of the document determines what it is.
[01:10:12.320 --> 01:10:38.320]  So if you filed a criminal accusation, it is a criminal accusation. If you file it with the clerk and the clerk doesn't think that she can take it, she is to take it and give it to the judge that she's a clerk for unless she's a clerk for a number of judges.
[01:10:38.320 --> 01:10:56.320]  But if she gave it to this particular judge, this particular judge got it, and his duty as a magistrate was in vote, which is a separate duty from his duty as a district judge.
[01:10:56.320 --> 01:11:06.320]  He knows that. When the feds come to him and ask for a warrant, he doesn't issue that warrant in his capacity as a judge.
[01:11:06.320 --> 01:11:20.320]  The issue's that warrant in his capacity as a magistrate, and he knows that. He's hoping you don't know this.
[01:11:20.320 --> 01:11:46.320]  All right. So then I'll just address it to the same judge again. All right. So despite an opposition, as apparently the court is mistaken, and misconstrued this document as a motion or a pleading when it was, in fact, a statement of probable cause.
[01:11:46.320 --> 01:11:59.320]  Contended to that judge. Yes. Okay. I'll remain damaged. Now, if I file one of them, how do I address that to the same judge?
[01:11:59.320 --> 01:12:12.320]  No, that would always go to an appellate court. You ask an appellate court to order a lower court to do what the law commands the court to do.
[01:12:12.320 --> 01:12:17.320]  So I'm back up in the circuit court then, right?
[01:12:17.320 --> 01:12:28.320]  No. Okay. I'm having trouble understanding you. I think you said you wouldn't not the circuit court. No, not the circuit court. This would go to the court of appeals.
[01:12:28.320 --> 01:12:33.320]  No, it has to go to the circuit court.
[01:12:33.320 --> 01:12:46.320]  Okay. Read a mandamus asking the circuit court to do something is required to do. You can't give that to the judge you're trying to get the order against.
[01:12:46.320 --> 01:12:52.320]  A mandamus always goes to an appellate court.
[01:12:52.320 --> 01:13:07.320]  Okay. I did send a judicial contact on this judge, but he turned me down for a second case that I filed with her.
[01:13:07.320 --> 01:13:20.320]  And then I filed with the third circuit and then the circuit court sent back the thing and said they're going to reopen this second lawsuit I have.
[01:13:20.320 --> 01:13:23.320]  Oh, wonderful.
[01:13:23.320 --> 01:13:34.320]  That's why I was going to send a mandamus over to the circuit court. They didn't know me over there. I've got two or four cases in there now.
[01:13:34.320 --> 01:13:53.320]  Well, you can send it to the circuit court and if they can't do anything with it, they will forward it to the clerk it goes to or they will direct you as to where to file it. But generally a mandamus always goes to an appellate court.
[01:13:53.320 --> 01:14:11.320]  All right. Okay. Well, this is the circuit. Next to them, they sent me back an answer to the conduct, the misconduct and disability complaint against the judge.
[01:14:11.320 --> 01:14:31.320]  And then they said to take you back to me on the criminal complaint. They turned down everything. They sent it back and said they can't find nothing in here to criminal and they can't find any conduct, misconduct on this judge or anything.
[01:14:31.320 --> 01:14:43.320]  So, I was going to file against this circuit executive because I can file higher in the circuit court.
[01:14:43.320 --> 01:14:47.320]  Okay. Somebody asked the circuit court that.
[01:14:47.320 --> 01:14:56.320]  Wait, tell me about this circuit executive. What is he? Is he a judge?
[01:14:56.320 --> 01:15:15.320]  Well, he says on the paper here that Margot Van Lue, whatever the name is, circuit executive. And the circuit executive sent me back an answer to my criminal complaint, the judicial disability.
[01:15:15.320 --> 01:15:20.320]  And they said that they couldn't find anything wrong.
[01:15:20.320 --> 01:15:39.320]  Well, that's interesting because only a federal magistrate can make this determination and not the federal magistrates, the circuit judges use to stand in their place.
[01:15:39.320 --> 01:15:52.320]  That definition of magistrates different. When a criminal complaint is presented to a judge, the judge becomes the magistrate.
[01:15:52.320 --> 01:16:05.320]  This executive officer is not a judge. He has no power to hold a preliminary hearing. You should file criminal charges against him.
[01:16:05.320 --> 01:16:14.320]  That's shielding from prosecution. He should have gave that to a judge or to a bona fide magistrate.
[01:16:14.320 --> 01:16:24.320]  Well, that's what I'm going to do. But I wanted to make sure that it got to the right judge in the circuit court.
[01:16:24.320 --> 01:16:34.320]  So, maybe it's the circuit judge that is dealing with my case. Just send it to him.
[01:16:34.320 --> 01:16:43.320]  No, no, file it with a different judge because the judge hearing your case would be compromised because it's against him.
[01:16:43.320 --> 01:17:00.320]  We'll be right back.
[01:17:00.320 --> 01:17:05.320]  Logos Radio Network welcomes a new show to our lineup for the new year.
[01:17:05.320 --> 01:17:14.320]  Our short talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. central time. Our goal is in accord with Matthew 5.16.
[01:17:14.320 --> 01:17:21.320]  Let your light so shine before men that they may see your good works and glorify your Father which is in heaven.
[01:17:21.320 --> 01:17:26.320]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[01:17:26.320 --> 01:17:34.320]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed to provoke unto love and good works.
[01:17:34.320 --> 01:17:40.320]  Our verse by verse Bible studies will begin in the book of Matthew where we will discuss one chapter per week.
[01:17:40.320 --> 01:17:47.320]  Our topical Bible studies will vary each week and will explore sound doctrine as well as Christian character development.
[01:17:47.320 --> 01:18:00.320]  So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. starting January 8th for an inspiring and motivating discussion of the Scriptures.
[01:18:00.320 --> 01:18:10.320]  It's the 2019 Logos Radio Network annual fundraiser and gun giveaway sponsored by Central Texas Gun Works.
[01:18:10.320 --> 01:18:17.320]  Go to LogosRadioNetwork.com and enter to win. Any amount is appreciated. Everything helps to keep us on the air.
[01:18:17.320 --> 01:18:24.320]  From Central Texas Gun Works, the grand prize up for grabs is a spiked tactical AR-15.
[01:18:24.320 --> 01:18:30.320]  More prizes and sponsors to be announced. Every $25 donation is a chance to win.
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[01:19:25.320 --> 01:19:42.320]  Okay, we are back. Randy Kelton, Brett Fountain, Logos Radio and we're talking to David in Texas.
[01:19:42.320 --> 01:19:49.320]  Okay, David, I am having a terrible time hearing you. Try getting a little closer to the mic.
[01:19:49.320 --> 01:19:59.320]  All right, well, when I'm talking to the circuit, that's how I'm trying to figure out, will I address it to a magistrate in the circuit court?
[01:19:59.320 --> 01:20:11.320]  No, no, no, a magistrate in the circuit court is not really a judge. They're really more of a clerk for the judge.
[01:20:11.320 --> 01:20:18.320]  The magistrate can hold hearings and such and give recommendations, but they're not really a judge.
[01:20:18.320 --> 01:20:28.320]  A judge, when you give them a criminal complaint, they become a magistrate for this purpose.
[01:20:28.320 --> 01:20:36.320]  And they're the magistrate who hears criminal complaints, not this magistrate that acts as a clerk for the judge.
[01:20:36.320 --> 01:20:44.320]  So you would give this to a circuit court judge.
[01:20:44.320 --> 01:20:56.320]  Okay, so then mail it to the circuit court, not this district court.
[01:20:56.320 --> 01:21:03.320]  Well, if the circuit court would be fine, any magistrate can hear any complaint filling a misdemeanor.
[01:21:03.320 --> 01:21:10.320]  So any judge in any of these courts can stand as a magistrate.
[01:21:10.320 --> 01:21:20.320]  So better to send it to a higher court and get out of this one you're in because you're filing against the judge in that court.
[01:21:20.320 --> 01:21:25.320]  And that court, that judge would necessarily be compromised.
[01:21:25.320 --> 01:21:27.320]  Okay, yeah.
[01:21:27.320 --> 01:21:30.320]  All right, that's what I'm going to do.
[01:21:30.320 --> 01:21:41.320]  Okay, and besides, you get to rub the judge's nose in his bad behavior before a higher level judge is that embarrassing?
[01:21:41.320 --> 01:21:49.320]  Well, that's how I think they reopened that second lawsuit.
[01:21:49.320 --> 01:21:55.320]  Basically, the notification like within a couple of days.
[01:21:55.320 --> 01:22:11.320]  Okay, it sounds like you're paying attention and if they have a judge they don't like, you may be giving them the cannon fodder they need to get rid of the judge, or at least to get the judge in line.
[01:22:11.320 --> 01:22:17.320]  Well, George Bush already passed him over to go up to the third circuit.
[01:22:17.320 --> 01:22:26.320]  Good. Yeah.
[01:22:26.320 --> 01:22:32.320]  And I sent that along to the circuit.
[01:22:32.320 --> 01:22:39.320]  So you may nail a lid in his aspirations.
[01:22:39.320 --> 01:22:42.320]  Yeah, I'm trying to.
[01:22:42.320 --> 01:22:46.320]  Okay, do you have anything else for us?
[01:22:46.320 --> 01:22:48.320]  Oh, just the one thing here.
[01:22:48.320 --> 01:22:56.320]  Can the Magistrate issue a warrant for a corporation?
[01:22:56.320 --> 01:22:59.320]  Yes.
[01:22:59.320 --> 01:23:03.320]  Okay, when you say magistrate.
[01:23:03.320 --> 01:23:13.320]  Okay, any officer who is authorized to issue warrants can issue a warrant for a corporation. Yes.
[01:23:13.320 --> 01:23:19.320]  Well, how can you have an attorney begin the court of cooperation?
[01:23:19.320 --> 01:23:22.320]  I don't know that you do.
[01:23:22.320 --> 01:23:30.320]  If you're a corporation, you have to have an attorney to come into court, but to file criminal charges, you don't have to be an attorney.
[01:23:30.320 --> 01:23:36.320]  You have a statutory duty to file criminal charges.
[01:23:36.320 --> 01:23:46.320]  Yeah, yeah, yeah, yeah, yeah, I had thought that there might be something there with the local J.P. that couldn't handle a corporation.
[01:23:46.320 --> 01:23:52.320]  Yeah, they can. The J.P. probably just didn't know that.
[01:23:52.320 --> 01:23:53.320]  Okay.
[01:23:53.320 --> 01:24:01.320]  For the purposes of law, a corporation is a person.
[01:24:01.320 --> 01:24:14.320]  You file against the corporation and the director of the corporation, generally the CEO or the chairman of the board, will stand an answer for the corporation.
[01:24:14.320 --> 01:24:16.320]  Oh, yeah.
[01:24:16.320 --> 01:24:17.320]  Okay.
[01:24:17.320 --> 01:24:23.320]  They want to incorporate and get standing before the court.
[01:24:23.320 --> 01:24:26.320]  So it has its downside.
[01:24:26.320 --> 01:24:30.320]  The downside is, is the corporation can be charged criminally.
[01:24:30.320 --> 01:24:42.320]  You can't put a corporation in prison, but you can sting them really good with sanctions, fines and fees.
[01:24:42.320 --> 01:24:49.320]  No, they just have to beat somebody and throw them in prison.
[01:24:49.320 --> 01:25:02.320]  I'm not sure how they do that unless you can show that an individual knowingly acted improperly in the name of the corporation, then you can name the individual.
[01:25:02.320 --> 01:25:09.320]  No, they came here and told me that I owned the joint and that you're it and you go to jail.
[01:25:09.320 --> 01:25:12.320]  And that's how they started this role.
[01:25:12.320 --> 01:25:15.320]  Who told you that?
[01:25:15.320 --> 01:25:17.320]  That's the one you go after.
[01:25:17.320 --> 01:25:25.320]  The JP, the constable, and about three collars of cops.
[01:25:25.320 --> 01:25:29.320]  Oh, file against the JP.
[01:25:29.320 --> 01:25:32.320]  Oh, I don't want to file a lawsuit against them.
[01:25:32.320 --> 01:25:40.320]  But they give me that crap that, what would it, the deniability or something to call it?
[01:25:40.320 --> 01:25:49.320]  Yeah, what you have to do is sue them for acting outside of scope.
[01:25:49.320 --> 01:25:53.320]  Okay, awesome.
[01:25:53.320 --> 01:26:09.320]  If you sue them for acting within scope, they do have immunity, but outside of scope, where they exerted or purported to exert an authority they did not have.
[01:26:09.320 --> 01:26:13.320]  Then they don't have immunity.
[01:26:13.320 --> 01:26:20.320]  Well, this one here against the JP, that's up in the, filled up in the circuit board.
[01:26:20.320 --> 01:26:30.320]  And I didn't get a chance to redo the other one against the jail. I'm still in jail.
[01:26:30.320 --> 01:26:33.320]  Okay, do you have anything else?
[01:26:33.320 --> 01:26:36.320]  No, that was it, Randy. Thanks a lot.
[01:26:36.320 --> 01:26:39.320]  Okay, good luck.
[01:26:39.320 --> 01:26:47.320]  Okay, now we're going to Tina in California. Hello, Tina. What do you have for us today?
[01:26:47.320 --> 01:26:55.320]  Well, I've got a couple of things one I'm going to save for tomorrow because it's, you know, more information for everybody on attorneys.
[01:26:55.320 --> 01:27:14.320]  I wondered if you would explain standing, as you see it, in standing to bring a suit, in standing to bring a declaratory judgment, because I'm told that the court claims they did not have standing.
[01:27:14.320 --> 01:27:31.320]  So what I'm seeing in terms of the three elements of standing, I need those three elements. So why is it that the court is saying I don't?
[01:27:31.320 --> 01:27:37.320]  I'm not sure. I'd have to know the details. You have to be an injured party.
[01:27:37.320 --> 01:27:39.320]  Correct.
[01:27:39.320 --> 01:27:50.320]  You can't, you don't have standing to raise an issue against a statute you believe is unconstitutional, unless you have been harmed by that statute.
[01:27:50.320 --> 01:27:59.320]  You don't have standing to raise an issue on behalf of another party.
[01:27:59.320 --> 01:28:04.320]  Standing you must have been harmed.
[01:28:04.320 --> 01:28:08.320]  So what harm do you claim?
[01:28:08.320 --> 01:28:12.320]  You said the court said that the court did not have standing.
[01:28:12.320 --> 01:28:35.320]  No, the paralegal said that the court has stated I do not have standing, did not have standing, and so does the attorney that I do not have standing because to bring that to a judgment because, you know, I was not the beneficiary or the trustee.
[01:28:35.320 --> 01:28:38.320]  The statute includes the mortgage law.
[01:28:38.320 --> 01:28:41.320]  Okay, we've talked about this before.
[01:28:41.320 --> 01:28:49.320]  You were the person for whom the statute was created.
[01:28:49.320 --> 01:28:58.320]  You were in a position to be able to request this. Nobody else would have standing.
[01:28:58.320 --> 01:29:01.320]  So this is clearly a bogus ruling.
[01:29:01.320 --> 01:29:10.320]  That's what I'm thinking because the three irreducible constitutional minimum of standing to three elements.
[01:29:10.320 --> 01:29:13.320]  The plaintiff has suffered a concrete injury.
[01:29:13.320 --> 01:29:18.320]  Two, that injury is fairly traceable to actions of the defendant.
[01:29:18.320 --> 01:29:28.320]  And three, it must be likely not merely speculative that the injury will be redressed by a favorable decision.
[01:29:28.320 --> 01:29:34.320]  Yes, and the injury here is the injury in due process.
[01:29:34.320 --> 01:29:40.320]  So you don't have to show any other injury. You don't have to prove up injury.
[01:29:40.320 --> 01:29:44.320]  A denial of due process is injury per se.
[01:29:44.320 --> 01:29:53.320]  And due process commanded these people to give you that letter which they promised they would and failed to act in accordance with the law.
[01:29:53.320 --> 01:29:59.320]  Hang on, Randy Kelton, Brett Fountain. We'll be right back.
[01:30:02.320 --> 01:30:09.320]  Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps on growing.
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[01:31:31.320 --> 01:31:36.320]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:36.320 --> 01:31:43.320]  The government says that fire brought it down. However, 1,500 architects and engineers have concluded it was a controlled demolition.
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[01:31:46.320 --> 01:31:48.320]  Thousands of my fellow first responders have died.
[01:31:48.320 --> 01:31:50.320]  I'm not a conspiracy theorist.
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[01:33:02.320 --> 01:33:12.320]  You are listening to the Logos Radio Network. LogosRadioNetwork.com.
[01:33:12.320 --> 01:33:25.320]  Yeah, who you want to check? Who you take me for? Free toilet? Who you want to check? Me, no free toilet. You can't check me. All of them check you in the morning, check you in the evening.
[01:33:25.320 --> 01:33:44.320]  Let me look at your profile and show you what's under your醜洲.
[01:33:44.320 --> 01:33:48.320]  You still got E.T. Chippin' at the fish, them all in the sea.
[01:33:48.320 --> 01:33:50.320]  Chippin' at the shark, and the real are hungry.
[01:33:50.320 --> 01:33:53.320]  You must see mankind, they aren't cheap, crazy.
[01:33:53.320 --> 01:33:55.320]  They're the kind of thing, man, they want to be.
[01:33:55.320 --> 01:33:57.320]  Social security, they gotta tell me.
[01:33:57.320 --> 01:34:00.320]  Number with them, give me them, repeat what you see.
[01:34:00.320 --> 01:34:01.320]  I'm Chippy when the morning.
[01:34:01.320 --> 01:34:02.320]  Chippy when the evening.
[01:34:02.320 --> 01:34:04.320]  Chippy while I do nothing.
[01:34:04.320 --> 01:34:07.320]  Experiment and mankind.
[01:34:07.320 --> 01:34:09.320]  But man, you know, say them lies.
[01:34:09.320 --> 01:34:12.320]  Well, when I'm on a trip, man, you'll have your body.
[01:34:12.320 --> 01:34:15.320]  Free them or something, man, you'll have to fight for me.
[01:34:15.320 --> 01:34:17.320]  You should tell them, they'll be ready.
[01:34:17.320 --> 01:34:19.320]  Constitution set us free.
[01:34:19.320 --> 01:34:22.320]  Can't let them put no Chippin' in your body.
[01:34:22.320 --> 01:34:24.320]  Put no Chippin' in your dog or cat, you see.
[01:34:24.320 --> 01:34:26.320]  No put no Chippin' in your coan or E.T.
[01:34:26.320 --> 01:34:29.320]  No put no Chippin' in the fish and go E.T.
[01:34:29.320 --> 01:34:31.320]  All in the real and the shark in the sea.
[01:34:31.320 --> 01:34:34.320]  Put the little Chippin' in the little baby.
[01:34:34.320 --> 01:34:36.320]  Want to put the Chippin' in your grandpa, you see.
[01:34:36.320 --> 01:34:39.320]  Want to put the little Chippin' in a I-man body.
[01:34:39.320 --> 01:34:42.320]  When I go hide in the Atlantic sea.
[01:34:42.320 --> 01:34:45.320]  Come and have a life and you'll have to fly me.
[01:34:45.320 --> 01:34:47.320]  So tell it get back, so tell it get hungry.
[01:34:47.320 --> 01:34:49.320]  Okay, howdy howdy.
[01:34:49.320 --> 01:34:51.320]  Randy Kelsey and Brett Foutons.
[01:34:51.320 --> 01:34:58.320]  We have a radio on this, the 28th day of January 2021.
[01:34:58.320 --> 01:35:02.320]  And we're talking to Tina in California.
[01:35:02.320 --> 01:35:06.320]  Go ahead, Tina.
[01:35:06.320 --> 01:35:10.320]  Well, I was, I just sent you something.
[01:35:10.320 --> 01:35:14.320]  It talks about, you know, what the injury in fact means
[01:35:14.320 --> 01:35:21.320]  and whether, you know, you have it because of, you know, a constitutional right
[01:35:21.320 --> 01:35:27.320]  or a wrong of, you know, the harm.
[01:35:27.320 --> 01:35:33.320]  It says the injury, let's see, here it is.
[01:35:33.320 --> 01:35:38.320]  It's insufficient to create article three standing a procedural right.
[01:35:38.320 --> 01:35:45.320]  The deprivation of a procedural right is insufficient to create article three standing.
[01:35:45.320 --> 01:35:47.320]  That's due process.
[01:35:47.320 --> 01:35:50.320]  That's harm per se.
[01:35:50.320 --> 01:35:56.320]  Congress has the power to define injuries and articulate chains of causation
[01:35:56.320 --> 01:35:59.320]  that will devise to a case or controversy.
[01:35:59.320 --> 01:36:03.320]  It does not automatically satisfy the injury in fact requirement
[01:36:03.320 --> 01:36:07.320]  whenever a statute grants a person a statutory right
[01:36:07.320 --> 01:36:13.320]  and supports to authorize a person to sue to vindicate that right.
[01:36:13.320 --> 01:36:19.320]  What they're saying is that they're going on the second part of that statute
[01:36:19.320 --> 01:36:22.320]  which talks about foreclosure.
[01:36:22.320 --> 01:36:26.320]  And they're saying that because my home was foreclosed on
[01:36:26.320 --> 01:36:33.320]  rather than satisfied by me personally sending them a check
[01:36:33.320 --> 01:36:38.320]  and the statute doesn't say how it has to be fully satisfied.
[01:36:38.320 --> 01:36:41.320]  It just says, well, it's satisfied.
[01:36:41.320 --> 01:36:50.320]  Did they bring up case law that supported that position?
[01:36:50.320 --> 01:36:53.320]  I'd have to go back and look.
[01:36:53.320 --> 01:36:55.320]  Read their case law.
[01:36:55.320 --> 01:37:02.320]  A lot of times their case law will give you the answers you need.
[01:37:02.320 --> 01:37:06.320]  These lawyers are notorious for misquoting case law.
[01:37:06.320 --> 01:37:08.320]  Oh yeah, they've done that in the past.
[01:37:08.320 --> 01:37:13.320]  But the paralegal said he read the cases and they're right.
[01:37:13.320 --> 01:37:16.320]  But, you know, he just still, he said,
[01:37:16.320 --> 01:37:19.320]  I still can't believe that the level court ruled that way.
[01:37:19.320 --> 01:37:23.320]  But he said what they brought up in their reply brief is correct
[01:37:23.320 --> 01:37:30.320]  and that's why he's suggesting I dismissed the case.
[01:37:30.320 --> 01:37:32.320]  Okay.
[01:37:32.320 --> 01:37:35.320]  I don't fully understand, you know, in reading the cases,
[01:37:35.320 --> 01:37:42.320]  I'm not as good at reading them as you are, you know, interpreting them.
[01:37:42.320 --> 01:37:47.320]  Did the paralegal make notes for you?
[01:37:47.320 --> 01:37:49.320]  No.
[01:37:49.320 --> 01:37:52.320]  We're saved a lot of time.
[01:37:52.320 --> 01:37:58.320]  Can you ask the paralegal to make notes?
[01:37:58.320 --> 01:38:04.320]  Asking me to read a dozen cases and 15, 20 pages each?
[01:38:04.320 --> 01:38:05.320]  I know.
[01:38:05.320 --> 01:38:10.320]  That's a lot of reading, a lot of analysis.
[01:38:10.320 --> 01:38:15.320]  Yeah.
[01:38:15.320 --> 01:38:26.320]  You know, I am working on what you suggested to file for sanctions
[01:38:26.320 --> 01:38:30.320]  for misrepresentation to the court.
[01:38:30.320 --> 01:38:34.320]  I've found dozens of the, you know, examples,
[01:38:34.320 --> 01:38:37.320]  and I'm looking through all the things.
[01:38:37.320 --> 01:38:45.320]  His two favorite ones are that these were, this was a mere investment property
[01:38:45.320 --> 01:38:48.320]  consisting of three rental units.
[01:38:48.320 --> 01:38:53.320]  And he brings it up so often, yet in the Piscassio case,
[01:38:53.320 --> 01:38:57.320]  the federal court ruled that it was my principal residence.
[01:38:57.320 --> 01:39:03.320]  So he's collateraly stopped from keeping on saying it's an investment property.
[01:39:03.320 --> 01:39:06.320]  That's definitely good sanctions.
[01:39:06.320 --> 01:39:07.320]  Yeah.
[01:39:07.320 --> 01:39:13.320]  I believe he's trying to do it to get the judges to see that I'm really just trying
[01:39:13.320 --> 01:39:18.320]  to sue because I lost my investment instead of my home, which is different.
[01:39:18.320 --> 01:39:21.320]  If the judges think it was a mere investment property,
[01:39:21.320 --> 01:39:26.320]  they're less likely to look favorably upon me.
[01:39:26.320 --> 01:39:27.320]  Yes.
[01:39:27.320 --> 01:39:30.320]  So I think that that's why he's doing that.
[01:39:30.320 --> 01:39:38.320]  So make that point to the judges and ask for sanctions for failure to speak
[01:39:38.320 --> 01:39:41.320]  with candor to the court.
[01:39:41.320 --> 01:39:42.320]  Yes.
[01:39:42.320 --> 01:39:47.320]  That's what I'm working on bringing up how many times he's done this over the period.
[01:39:47.320 --> 01:39:54.320]  And the other one, his favorite, second favorite one is that, you know,
[01:39:54.320 --> 01:40:01.320]  I do not have spending because I entered into the loan as trustee
[01:40:01.320 --> 01:40:05.320]  of the revocable living trust.
[01:40:05.320 --> 01:40:09.320]  When the actual, and I think I sent you this,
[01:40:09.320 --> 01:40:13.320]  I didn't enter into it that way.
[01:40:13.320 --> 01:40:19.320]  I entered into it personally because I was made, you know, they said.
[01:40:19.320 --> 01:40:20.320]  Okay.
[01:40:20.320 --> 01:40:21.320]  Just personally.
[01:40:21.320 --> 01:40:26.320]  That was an outright lie.
[01:40:26.320 --> 01:40:30.320]  That he knowingly and deliberately lied to the court.
[01:40:30.320 --> 01:40:34.320]  About a material fact.
[01:40:34.320 --> 01:40:35.320]  Yeah.
[01:40:35.320 --> 01:40:36.320]  Yeah, that too.
[01:40:36.320 --> 01:40:40.320]  I was just going to say that.
[01:40:40.320 --> 01:40:45.320]  Well, I've got a part of a deed that actually shows this and he should know this.
[01:40:45.320 --> 01:40:47.320]  I mean, if they're looking at that,
[01:40:47.320 --> 01:40:54.320]  the relevant record is that this conveyance changes the manner in which title is held
[01:40:54.320 --> 01:40:57.320]  for valuable consideration,
[01:40:57.320 --> 01:41:02.320]  receipt of which is hereby acknowledged to Tina Colbrook, an unmarried woman,
[01:41:02.320 --> 01:41:06.320]  hereby grants to Tina Colbrook, trustee of the empire revocable trust.
[01:41:06.320 --> 01:41:12.320]  They did, you know, 2003, the following described real property in the county of L.A.,
[01:41:12.320 --> 01:41:14.320]  state of California.
[01:41:14.320 --> 01:41:20.320]  So that's saying that Tina Colbrook, the individual who took the loan out,
[01:41:20.320 --> 01:41:24.320]  grants it then to Tina Colbrook as trustee of the empire trust, correct?
[01:41:24.320 --> 01:41:26.320]  Correct.
[01:41:26.320 --> 01:41:29.320]  And those two separate documents, one for the court.
[01:41:29.320 --> 01:41:36.320]  So he's juxtaposing the two.
[01:41:36.320 --> 01:41:38.320]  So this is deliberate.
[01:41:38.320 --> 01:41:40.320]  This is deliberate deception.
[01:41:40.320 --> 01:41:45.320]  And Tina, you might also take a look at the, do you know the California Constitution?
[01:41:45.320 --> 01:41:49.320]  Does it have homestead protection in there?
[01:41:49.320 --> 01:41:52.320]  In Texas, we have homestead.
[01:41:52.320 --> 01:41:56.320]  It's an article, I think, 16, section 50.
[01:41:56.320 --> 01:42:02.320]  And so even if you're having, being foreclosed, if it's your homestead,
[01:42:02.320 --> 01:42:09.320]  it's completely different than an investment property.
[01:42:09.320 --> 01:42:12.320]  California Constitution has that or not.
[01:42:12.320 --> 01:42:16.320]  I haven't come across homesteading in California.
[01:42:16.320 --> 01:42:19.320]  Not to say it's not there, but I haven't come across it.
[01:42:19.320 --> 01:42:20.320]  You do have homesteading.
[01:42:20.320 --> 01:42:21.320]  It's very little.
[01:42:21.320 --> 01:42:24.320]  It's like seven and a half thousand or something like that.
[01:42:24.320 --> 01:42:26.320]  But there is a homestead, right?
[01:42:26.320 --> 01:42:28.320]  No, but then good.
[01:42:28.320 --> 01:42:30.320]  Was it homesteaded?
[01:42:30.320 --> 01:42:36.320]  I believe I did a homestead before it was foreclosed.
[01:42:36.320 --> 01:42:38.320]  I'm pretty sure I've got to look at it.
[01:42:38.320 --> 01:42:42.320]  Okay, you cannot homestead investment property.
[01:42:42.320 --> 01:42:50.320]  If you were granted homestead on it, then that establishes that it was not investment property.
[01:42:50.320 --> 01:42:53.320]  Okay.
[01:42:53.320 --> 01:42:58.320]  So you can use that as proof that it's residential.
[01:42:58.320 --> 01:43:00.320]  Okay.
[01:43:00.320 --> 01:43:03.320]  Okay.
[01:43:03.320 --> 01:43:09.320]  And I believe that the reason, so he's doing the two things, he's trying to tell the court that it was not my home,
[01:43:09.320 --> 01:43:15.320]  and he's trying to tell them that I don't have standing because I filed this lawsuit as Tina Colbert,
[01:43:15.320 --> 01:43:20.320]  not as Tina Colbert, trustee of the Embassy for Vocable Living Trust.
[01:43:20.320 --> 01:43:21.320]  Okay.
[01:43:21.320 --> 01:43:29.320]  And both of his statements are wholly false and should attack the falseness of the statements and avoid the merits.
[01:43:29.320 --> 01:43:31.320]  Okay.
[01:43:31.320 --> 01:43:34.320]  Okay. Do I put in there in the motion to sanctions?
[01:43:34.320 --> 01:43:37.320]  Do I put in why I can be doing it?
[01:43:37.320 --> 01:43:39.320]  Yes, no, it doesn't matter.
[01:43:39.320 --> 01:43:44.320]  Yeah, you can, but it's, that'll probably distract.
[01:43:44.320 --> 01:43:45.320]  Hang on.
[01:43:45.320 --> 01:43:47.320]  We'll pick this up on the other side.
[01:43:47.320 --> 01:43:50.320]  Randy Carlton, Brett Fountain, Real Raw Radio.
[01:43:50.320 --> 01:43:52.320]  I'm not going to give out the calling number.
[01:43:52.320 --> 01:43:56.320]  We're going to our last segment and we lost Todd.
[01:43:56.320 --> 01:43:59.320]  We'll be right back.
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[01:46:22.320 --> 01:46:40.320]  Okay, we are back. Randy Kelton, Brett Fountain, ruleoflawradio, and we're talking to,
[01:46:40.320 --> 01:46:49.320]  I'm sorry, on this 28th day of January 2021, and we're talking to Tina in California,
[01:46:49.320 --> 01:46:59.320]  and about the sanctions, I would be reluctant to go into speculation as to why.
[01:46:59.320 --> 01:47:01.320]  Okay.
[01:47:01.320 --> 01:47:05.320]  Because if he lied to the court, he lied to the court.
[01:47:05.320 --> 01:47:08.320]  And why?
[01:47:08.320 --> 01:47:13.320]  We'll just distract him because they may agree with the why.
[01:47:13.320 --> 01:47:18.320]  They may sympathize with the why.
[01:47:18.320 --> 01:47:24.320]  And as to the impropriety of the act, why is not relevant?
[01:47:24.320 --> 01:47:26.320]  Okay.
[01:47:26.320 --> 01:47:28.320]  Yeah, I'm good to go.
[01:47:28.320 --> 01:47:32.320]  And I would treat it as if it's not relevant.
[01:47:32.320 --> 01:47:36.320]  You know, he'll try to bring that up.
[01:47:36.320 --> 01:47:39.320]  And you'll object relevance.
[01:47:39.320 --> 01:47:41.320]  Okay.
[01:47:41.320 --> 01:47:50.320]  I know I just was talking to Ken Magnuson, who's my civil go-to guy, about he voted for Biden,
[01:47:50.320 --> 01:47:56.320]  and he's, you know, he's a Democrat, and he's talking about all the horrible stuff Trump did,
[01:47:56.320 --> 01:47:59.320]  and I said, wait a minute.
[01:47:59.320 --> 01:48:10.320]  Biden withheld $1.2 billion from this prosecutor because the prosecutor was investigating his son.
[01:48:10.320 --> 01:48:19.320]  And then he, they're trying to impeach Trump for exactly the same thing,
[01:48:19.320 --> 01:48:24.320]  for withholding funds because they're not investigating something he wants to.
[01:48:24.320 --> 01:48:28.320]  And he came back with an argument saying, well,
[01:48:28.320 --> 01:48:39.320]  Biden did this because the prosecutor wasn't investigating someone that Biden wanted him to investigate.
[01:48:39.320 --> 01:48:41.320]  Did I hear that right?
[01:48:41.320 --> 01:48:49.320]  Impeaching Trump for withholding funds because he wouldn't investigate somebody he wanted to,
[01:48:49.320 --> 01:48:51.320]  he wanted to investigate it.
[01:48:51.320 --> 01:48:55.320]  But it was okay if Biden did that.
[01:48:55.320 --> 01:48:59.320]  You know, I had a good reason for bringing that up.
[01:48:59.320 --> 01:49:05.320]  And in struggling to get the story told, I forgot exactly why I brought it up.
[01:49:05.320 --> 01:49:09.320]  It sounded more on point than it does now.
[01:49:09.320 --> 01:49:10.320]  Brett, why did I bring that up?
[01:49:10.320 --> 01:49:12.320]  It's standing.
[01:49:12.320 --> 01:49:16.320]  You know, more relevance.
[01:49:16.320 --> 01:49:17.320]  Relevant.
[01:49:17.320 --> 01:49:19.320]  That was why.
[01:49:19.320 --> 01:49:27.320]  He said, oh, because he was not investigating somebody he wanted him to, and I want to say, how is that relevant?
[01:49:27.320 --> 01:49:33.320]  If you withhold money to influence an official, and that's wrong,
[01:49:33.320 --> 01:49:38.320]  how is it relevant why you did that?
[01:49:38.320 --> 01:49:39.320]  Got it.
[01:49:39.320 --> 01:49:40.320]  Yeah.
[01:49:40.320 --> 01:49:41.320]  That's true.
[01:49:41.320 --> 01:49:45.320]  I guess I'm getting tired.
[01:49:45.320 --> 01:49:47.320]  Makes perfect sense.
[01:49:47.320 --> 01:49:50.320]  Yeah.
[01:49:50.320 --> 01:50:05.320]  So we be careful, you know, the point was be careful the arguments we bring into our, to the issues because we give them somebody else something to hang their hat on.
[01:50:05.320 --> 01:50:06.320]  Okay.
[01:50:06.320 --> 01:50:07.320]  Well, there's two points here.
[01:50:07.320 --> 01:50:14.320]  I mean, I've got lots more, but these are the two biggest things he brings up time and time again.
[01:50:14.320 --> 01:50:30.320]  And these are the two that I can, well, there's one other that I can go on, and that's when he, you know, submitted these policies and kept telling the court, including the field court, that these were recorded when they were not.
[01:50:30.320 --> 01:50:36.320]  There's a difference between were and probably may have been.
[01:50:36.320 --> 01:50:46.320]  And when you tell a judge these documents were recorded in the county recorders office, those judges think, oh, they're legitimate.
[01:50:46.320 --> 01:50:47.320]  That's true.
[01:50:47.320 --> 01:50:56.320]  If you said they probably may have been purportedly, that puts a whole different spin on it, correct?
[01:50:56.320 --> 01:50:58.320]  Correct.
[01:50:58.320 --> 01:51:07.320]  So when the lawyer stated that these were recorded when I take it they actually were not.
[01:51:07.320 --> 01:51:08.320]  No.
[01:51:08.320 --> 01:51:11.320]  Did you challenge the statement?
[01:51:11.320 --> 01:51:29.320]  Well, we did, I actually sent in what, when I had my previous attorney and they had the appeal sent it into the judge that, you know, these were not recorded and that the recording numbers belong to two entirely different recorded instruments.
[01:51:29.320 --> 01:51:38.320]  And the appeal judge still, in his opinion, said these documents were recorded.
[01:51:38.320 --> 01:51:39.320]  That should give.
[01:51:39.320 --> 01:51:45.320]  He was saying that should get a judicial conduct complaint against the judge.
[01:51:45.320 --> 01:51:46.320]  Okay.
[01:51:46.320 --> 01:51:47.320]  And we'll do that.
[01:51:47.320 --> 01:51:51.320]  For failing to apply the law to the facts.
[01:51:51.320 --> 01:51:54.320]  Failing to apply the law to the facts.
[01:51:54.320 --> 01:51:57.320]  Okay.
[01:51:57.320 --> 01:52:00.320]  I'm thinking, and I would know exactly how to do that in Texas.
[01:52:00.320 --> 01:52:05.320]  What is it to Brett Walker v. Waters?
[01:52:05.320 --> 01:52:08.320]  Not Walker v. Packer.
[01:52:08.320 --> 01:52:14.320]  I'm never sure I will just get those mixed around any Walker v. Packer.
[01:52:14.320 --> 01:52:22.320]  There has to be a case in California that reflects Walker v. Packer.
[01:52:22.320 --> 01:52:37.320]  You might take the look at Walker v. Packer and look at the language they use to describe to define the position and then run those phrases in California and see if you can find a California case.
[01:52:37.320 --> 01:52:44.320]  That speaks to the duty of a judge to properly apply the law to the facts.
[01:52:44.320 --> 01:52:46.320]  Okay.
[01:52:46.320 --> 01:52:50.320]  And then that'll give you some standing.
[01:52:50.320 --> 01:52:51.320]  Okay.
[01:52:51.320 --> 01:52:53.320]  Do you have anyone else on the call?
[01:52:53.320 --> 01:52:57.320]  Because if not, I'll ask you a question, another question about standing if you've got some help.
[01:52:57.320 --> 01:52:58.320]  Go ahead.
[01:52:58.320 --> 01:53:01.320]  We had Todd Wood, but he dropped off.
[01:53:01.320 --> 01:53:02.320]  Okay.
[01:53:02.320 --> 01:53:22.320]  Talking about standing, you talked about going against this California lawyer ensuing in Texas because he apparently, from his letter, coerced those two notaries to violate Texas law.
[01:53:22.320 --> 01:53:26.320]  Wood, because the first thing they'll attack is I don't have standing.
[01:53:26.320 --> 01:53:35.320]  So how will we explain that I have standing or should we bring the two notaries and the attorney into the complaint together?
[01:53:35.320 --> 01:53:38.320]  Because the notaries are in Texas.
[01:53:38.320 --> 01:53:39.320]  Yeah, Brie.
[01:53:39.320 --> 01:53:44.320]  Sue, the notaries first, I mean, notaries are the primary actors.
[01:53:44.320 --> 01:53:49.320]  They're the ones that fail to do what they were required to do by law.
[01:53:49.320 --> 01:53:54.320]  But they conspired with this lawyer in California.
[01:53:54.320 --> 01:54:04.320]  The fact that the notaries were in Texas gives minimum contacts.
[01:54:04.320 --> 01:54:10.320]  International shoe is the case that defines minimum contacts.
[01:54:10.320 --> 01:54:22.320]  The lawyer while in California reached into Texas and coerced a Texas notary to violate a law in Texas.
[01:54:22.320 --> 01:54:27.320]  That gives Texas court standing.
[01:54:27.320 --> 01:54:31.320]  The crime was actually committed in Texas.
[01:54:31.320 --> 01:54:34.320]  It wasn't committed in California.
[01:54:34.320 --> 01:54:35.320]  Correct.
[01:54:35.320 --> 01:54:40.320]  The conspiracy was between California and Texas, but the crime was committed in Texas.
[01:54:40.320 --> 01:54:43.320]  So Texas has jurisdiction.
[01:54:43.320 --> 01:54:44.320]  Okay.
[01:54:44.320 --> 01:54:51.320]  And I have the standing to file in Texas even though I'm in California because I was addicted to crime.
[01:54:51.320 --> 01:54:52.320]  Yes.
[01:54:52.320 --> 01:54:54.320]  Okay.
[01:54:54.320 --> 01:55:01.320]  And you have standing to sue them both in Texas.
[01:55:01.320 --> 01:55:05.320]  And with COVID, not such a problem.
[01:55:05.320 --> 01:55:09.320]  Yeah, with everything done by Zoom.
[01:55:09.320 --> 01:55:11.320]  Exactly.
[01:55:11.320 --> 01:55:16.320]  Except for the lawyer, it's a problem because he can't practice in Texas.
[01:55:16.320 --> 01:55:18.320]  That's right.
[01:55:18.320 --> 01:55:21.320]  He could defend himself, but good luck with that.
[01:55:21.320 --> 01:55:35.320]  So he'll have to hire a lawyer in Texas and a lawyer will throw another lawyer under the bus as quick as they'll throw an ordinary citizen.
[01:55:35.320 --> 01:55:47.320]  Unless he chooses a lawyer that one wet bank has used in Texas before against me, he could use one of those attorneys that they've used as the substitute trustee.
[01:55:47.320 --> 01:55:48.320]  Oh, good.
[01:55:48.320 --> 01:55:51.320]  Then you get to pound them.
[01:55:51.320 --> 01:55:52.320]  Okay.
[01:55:52.320 --> 01:55:55.320]  You bar grieve them into the stone age.
[01:55:55.320 --> 01:55:59.320]  And if they stumble just a little, you file against them.
[01:55:59.320 --> 01:56:12.320]  And since they're associated with Manukin, and you got Manukin in front of the grand jury there, these lawyers are going to be very reluctant.
[01:56:12.320 --> 01:56:19.320]  Because even if the grant, this first grand jury doesn't indict, you can submit it to the next one.
[01:56:19.320 --> 01:56:28.320]  Generally, there are five grand juries, I'm sorry, three grand juries in Austin.
[01:56:28.320 --> 01:56:33.320]  And one will come in Monday, next on Tuesday, Wednesday.
[01:56:33.320 --> 01:56:41.320]  And then they'll do five, and then one of them will do two times in one week.
[01:56:41.320 --> 01:56:45.320]  I'm sorry, two will do two times, one will do one time, and they switch that out.
[01:56:45.320 --> 01:56:49.320]  So you've got three grand juries going all the time.
[01:56:49.320 --> 01:56:51.320]  You can submit it to every one of them.
[01:56:51.320 --> 01:56:58.320]  There is nothing in Texas law that prevents you from submitting it repeatedly.
[01:56:58.320 --> 01:57:01.320]  Prosecutors do that all the time.
[01:57:01.320 --> 01:57:04.320]  Wow, that's interesting.
[01:57:04.320 --> 01:57:10.320]  Eventually, the odds are you're going to get a hit.
[01:57:10.320 --> 01:57:18.320]  So you can, if this one doesn't indict, you can put them right back in front of the next one and just keep it going.
[01:57:18.320 --> 01:57:26.320]  How long will it tend to take for the grand jury to investigate and come to a decision?
[01:57:26.320 --> 01:57:35.320]  So when I filed against the judges of the Court of Criminal Appeals, all nine of them, the grand jury,
[01:57:35.320 --> 01:57:41.320]  at the time the grand jury set for three months, they're sitting longer now because of COVID.
[01:57:41.320 --> 01:57:45.320]  It's harder to see the grand jury.
[01:57:45.320 --> 01:57:53.320]  They got the indictment, the presentment on their first day in office, which happened to be April Fool's Day.
[01:57:53.320 --> 01:58:00.320]  They held it till their last day in office, which is three months down the road, and they know Bill.
[01:58:00.320 --> 01:58:03.320]  And so don't be in a hurry.
[01:58:03.320 --> 01:58:06.320]  No, I'll just keep going. It'll be fun.
[01:58:06.320 --> 01:58:12.320]  They know. Almost certainly Manukin knows he's being presented.
[01:58:12.320 --> 01:58:17.320]  And he's got to sit there and wonder if his career is going to end tomorrow.
[01:58:17.320 --> 01:58:21.320]  There is nothing he can do about it.
[01:58:21.320 --> 01:58:23.320]  I'm going to wipe that smoke off his face.
[01:58:23.320 --> 01:58:25.320]  You just might.
[01:58:25.320 --> 01:58:29.320]  Okay, we are running out of time.
[01:58:29.320 --> 01:58:33.320]  The clocks are a little messed up. I've got 25 seconds.
[01:58:33.320 --> 01:58:34.320]  Okay.
[01:58:34.320 --> 01:58:38.320]  Well, I should say something profound, Brett.
[01:58:38.320 --> 01:58:39.320]  Yes.
[01:58:39.320 --> 01:58:46.320]  The grand jury, well, you can tell, you can ask for the minutes.
[01:58:46.320 --> 01:58:50.320]  You can get true bills, but the attorney general also hasn't.
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