ROL_2021-05-13_16k.timecode

[00:00.000 --> 00:06.760]  The following news flash is brought to you by The Lone Star Lowdown.
[00:06.760 --> 00:13.160]  Markets for Monday the 22nd of July 2019, open with precious metals, gold $1,429 an ounce,
[00:13.160 --> 00:21.360]  silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.63 a barrel, Brent crude
[00:21.360 --> 00:29.720]  $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum
[00:29.720 --> 00:41.480]  $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:41.480 --> 00:52.520]  In history, the year 1916, the preparedness day bombing, a time suitcase bomb was detonated on
[00:52.520 --> 00:58.240]  Market Street in San Francisco during the World War I Preparedness Day Parade, killing 10 and
[00:58.240 --> 01:07.400]  entering 40. Today in history. In recent news, since Governor Greg Abbott signed House Bill
[01:07.400 --> 01:13.080]  1325 legalizing HEPA to tax his law back in June, county prosecutors around the state including
[01:13.080 --> 01:17.400]  Houston, Austin, and San Antonio have been dropping marijuana possession charges and even
[01:17.400 --> 01:22.280]  refusing to file new ones since they are stipulating that they do not have the time or the laboratory
[01:22.280 --> 01:27.160]  equipment to test the herb for THC. Margaret Moore, the Travis County District Attorney
[01:27.160 --> 01:31.160]  announced earlier this month that she was dismissing 32 felony possession and delivery
[01:31.160 --> 01:35.880]  of marijuana cases because of the law. Mr. Abbott and other state officials, including
[01:35.880 --> 01:39.840]  the Attorney General, stipulated in a letter to county district attorneys back on Thursday
[01:39.840 --> 01:44.480]  that marijuana has not been decriminalized in Texas and that these actions demonstrate
[01:44.480 --> 01:50.360]  a misunderstanding of how HB 1325 works, as well as other cities too, like the district
[01:50.360 --> 01:56.600]  attorney in El Paso, Kyma Esparza, a Democrat who also stated earlier this month that the
[01:56.600 --> 02:01.800]  law, quote, will not have an effect on the prosecution of marijuana cases in El Paso.
[02:01.800 --> 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 --> 02:15.080]  something illegal based on its chemical makeup. It's important that if someone is charged
[02:15.080 --> 02:22.600]  with something, the test matches what they're charged with.
[02:22.600 --> 02:27.240]  A paper by Tulane University identified a five and a half inch American pocket shark
[02:27.240 --> 02:32.400]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.400 --> 02:38.040]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.040 --> 02:42.640]  Pacific Ocean. According to the university paper, the shark secretes a luminous fluid
[02:42.640 --> 02:49.040]  from a gland near its front fins. For the purpose, it is hypothesized to lure and prey
[02:49.040 --> 02:56.040]  who may be drawn into the glow.
[03:49.040 --> 03:56.040]  A paper by Tulane University identified a five and a half inch American pocket shark as
[04:19.040 --> 04:36.920]  the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark
[04:36.920 --> 04:44.040]  ever captured or recorded with the other one being found way back in 1979 in the Gulf of
[04:44.040 --> 04:48.560]  2021 and what is going on.
[04:49.360 --> 04:55.360]  I went to the courthouse this morning and needed to put on a jacket in the
[04:55.360 --> 04:59.520]  middle of May. It's global warming, I tell you.
[05:02.400 --> 05:04.520]  It's those attorneys fault, I'm sure.
[05:05.160 --> 05:10.400]  I remember a hundred degrees in May, about three, four years ago.
[05:10.400 --> 05:18.400]  So now we're in the 60s in May, it's global warming, that's all there is to it.
[05:20.400 --> 05:26.400]  So I've made a little excursion down to the courthouse today and Mary Cranick
[05:26.400 --> 05:34.080]  drove up from Austin and we went in to see if the grand jury wanted to call us
[05:34.080 --> 05:40.800]  because I filed a couple of criminal complaints. Well, maybe a little more than
[05:40.800 --> 05:52.920]  a couple, 49, not quite 50, and two of them were against the district
[05:52.920 --> 05:56.600]  attorney and two were against the district judge.
[05:56.600 --> 06:04.680]  They were so nitpicking, I told his clerks when I dropped them off that I just
[06:04.680 --> 06:08.000]  wanted to welcome James to the deep end of the pool.
[06:10.880 --> 06:12.360]  I'm sure he appreciated that.
[06:13.880 --> 06:22.640]  I put in an information request and to the district judge, I wanted to see all
[06:22.640 --> 06:28.880]  of the names of the lawyers on the attorney wheel and he said, you'll have to
[06:28.880 --> 06:32.600]  put in a written request. I said, well, I could do that.
[06:32.600 --> 06:37.720]  But if I do that, it gets real official and technical and I'd rather not have to
[06:37.720 --> 06:41.840]  go that route. And he said, well, if you want to see those records, you'll have to
[06:41.840 --> 06:46.760]  put in a request. He's already mad at it because I'd file criminal charges.
[06:46.760 --> 06:52.760]  And I had to help somebody else file criminal charges against him once before.
[06:52.760 --> 06:57.760]  There's something he didn't expect where we asked for findings of fact
[06:57.760 --> 07:03.440]  of decrees in law. And he didn't produce them within 20 days.
[07:03.440 --> 07:06.720]  So we filed criminal charges with the grand jury.
[07:08.840 --> 07:10.400]  And then he didn't see that coming.
[07:11.000 --> 07:11.600]  Right.
[07:11.600 --> 07:18.560]  So he, I think he was still holding the grudge about that. And he asked the
[07:18.560 --> 07:23.120]  county attorney to send a letter to the attorney general, asked for an opinion.
[07:24.760 --> 07:26.680]  Well, what's wrong with that picture?
[07:28.560 --> 07:30.720]  The attorney general has already given an opinion.
[07:31.280 --> 07:35.200]  No, we don't get that far into it.
[07:35.200 --> 07:45.760]  The district judge asked the county attorney to write a letter to the attorney general.
[07:45.760 --> 07:46.760]  No.
[07:46.760 --> 07:53.360]  The county attorney is paid with my county dollars, not with out of the state general
[07:53.360 --> 08:00.480]  fund, like the district judge is. So I accused him of criminal conspiracy.
[08:00.480 --> 08:08.800]  And this 39.02 peter code misappropriation of public funds.
[08:13.440 --> 08:19.920]  That was about as nitpicking as I could get, but I wanted to get his attention.
[08:22.240 --> 08:26.160]  If I can put you in front of a grand jury over this minor stuff,
[08:26.160 --> 08:30.320]  I just think it was likely to happen if it gets bigger.
[08:32.480 --> 08:38.720]  And the issue that I'm bringing before the court about them arresting me,
[08:40.080 --> 08:44.960]  I was there to file criminal charges against the chief justice of the Supreme and the
[08:44.960 --> 08:50.000]  presiding judge of the court of criminal appeals. And they're in Austin.
[08:50.000 --> 08:58.560]  And so I have complaints against officials in Austin that I'm bringing to a magistrate
[08:58.560 --> 09:08.560]  in Wise County, Austin being Travis County. That's diversity of jurisdiction within the state
[09:08.560 --> 09:15.840]  and in the state of Texas. If they commit a crime that involves two counties, the jurisdiction
[09:15.840 --> 09:20.880]  is in either of the counties involved or any county in between.
[09:22.960 --> 09:28.880]  But I did it so I could file against them in Travis County. I will file against them claiming
[09:29.920 --> 09:36.560]  that they blocked me giving criminal complaints to a magistrate
[09:38.640 --> 09:42.960]  from Travis County and they blocked me in Wise County. So that gets Travis County
[09:42.960 --> 09:48.400]  as jurisdiction as a possible jurisdiction. So I'll go to Travis County and file criminal
[09:48.400 --> 09:56.320]  charges against these guys in Wise County. Do you think a grand jury in Travis County
[09:57.040 --> 10:01.760]  is going to really care about some po-dunk judges in Wise County?
[10:04.000 --> 10:06.880]  They consider us all a bunch of ignorant rednecks.
[10:06.880 --> 10:13.840]  So I doubt that I'll give anybody indicted and it's not my purpose to give them indicted.
[10:15.200 --> 10:17.040]  It's my purpose to get their attention.
[10:19.200 --> 10:27.040]  And see he's probably, I don't know what he's done with these. I put it on the envelope,
[10:27.040 --> 10:34.080]  grand jury eyes only. And if he opened it, there was a cover letter that was supposed to,
[10:34.080 --> 10:38.960]  the grand jury foreman was supposed to send back to me while I hadn't received that.
[10:38.960 --> 10:45.120]  But I'll wait another seven days or so. But there's something I just came across in the
[10:45.120 --> 10:52.960]  Code of Criminal Procedure that I hadn't seen before. Or I think it, I may be new because
[10:52.960 --> 10:58.240]  I don't know how I could have missed this. But I don't remember exactly the statute,
[10:58.240 --> 11:08.480]  but it says that under the secrecy of the grand jury that the presentation by the prosecutor
[11:08.480 --> 11:15.280]  to the grand jury is not secret. That it's open for public inspection.
[11:15.280 --> 11:25.520]  So I'm going to request transcript of the prosecutor's presentation to the grand jury.
[11:29.200 --> 11:35.440]  What if he got a little careless and was a little arrogant
[11:37.440 --> 11:40.400]  and said the wrong thing to the grand jury?
[11:40.400 --> 11:49.120]  This is going to be interesting. I told him I was there to introduce him to the deep end of
[11:49.120 --> 11:55.200]  the pool and he knew me. The last ticket I got in the county, he was county attorney at the time,
[11:55.200 --> 12:01.040]  he refused to prosecute. I said, James, saw him in the courthouse and I said, James,
[12:01.040 --> 12:06.160]  what are you going to bring my ticket on for a hearing? Oh no, Mr. Kalkin,
[12:06.160 --> 12:13.360]  you're not going to get to have your fun with me. He trashed it. He didn't want to get in front
[12:13.360 --> 12:23.040]  of the court with me. Now he doesn't have an option. I warned him. He said, you know,
[12:24.080 --> 12:29.440]  when I responded, you know, when he got the first response, I said, James, I have a problem
[12:29.440 --> 12:35.440]  with you as county attorney responding for the judge who's a district judge
[12:36.480 --> 12:44.320]  and not paid by the county. This is a concern. And he ignored it and did his standard lawyer
[12:44.320 --> 12:48.720]  stuff. And while I was there, I was waiting for the grand jury in case they wanted to call me.
[12:50.400 --> 12:55.920]  And I asked to talk to a prosecutor. I had thought I had talked to this guy before, but
[12:55.920 --> 13:01.280]  it turned out, it turned out I had the wrong name. And this lawyer that came out, I wanted to give
[13:01.280 --> 13:09.600]  him a heads up and ask him to make sure that James doesn't go into the grand jury when they're
[13:09.600 --> 13:14.880]  deliberating because he complains to this human there. And this guy wouldn't hear anything. He
[13:14.880 --> 13:20.400]  just informed me that I wasn't coming down here at the last minute talking to no grand jury.
[13:20.400 --> 13:27.120]  And he just, I guess, assumed what I was there for. I think he might have been a prosecutor in
[13:27.120 --> 13:33.760]  the county courts and he's used to dealing with people who don't know anything. And he got real
[13:33.760 --> 13:38.720]  nasty with him. I kept to him, calm down, calm down. I said, you don't have to get all been out
[13:38.720 --> 13:46.320]  of shape. And that made him even more angry. And he told me, you can't come down here and file
[13:46.320 --> 13:54.160]  complaints anytime you want to. I said, yeah, I can. And the bailiff came over and I told him,
[13:54.160 --> 13:58.560]  look, I was just going to tell you, go read 2.03. I was just trying to give you a heads up. And this
[13:58.560 --> 14:03.360]  guy is really getting aggressive. And the bailiff had to kind of back him off. So I went back in
[14:03.360 --> 14:11.360]  this jury room where I was waiting. It was empty. And Mary Krenick was there and she heard the,
[14:11.360 --> 14:16.800]  well, let me turn the phone line speaking, speaking of that. Okay, phone lines are on.
[14:17.840 --> 14:24.880]  And Randy, the phone line, phone number is 512-646-1984. Well, I forgot my hearing aid.
[14:25.520 --> 14:31.760]  But she could hear him. And he was telling the bailiff that he didn't want me in here,
[14:31.760 --> 14:36.080]  that I needed to leave the courthouse. I couldn't be hanging around here where the grand jury is in.
[14:36.080 --> 14:42.480]  And this was one of the bailiffs that arrested me. He's not the one that arrested me. He was
[14:42.480 --> 14:49.280]  the one standing behind him. And Mary said that he just kind of hunched his shoulders and said,
[14:49.280 --> 14:59.600]  he's not going anywhere. That kind of backed up the lawyer. I think just from the way
[14:59.600 --> 15:06.000]  the bailiff responded that he didn't like this guy either. And he certainly didn't like this
[15:06.000 --> 15:11.840]  prosecutor mouth and off at him. Because he's just a prosecutor. He don't have any authority.
[15:12.880 --> 15:17.280]  And he didn't like being pushed around by the prosecutor. And he kind of seemed to like the
[15:17.280 --> 15:20.880]  fact that I handled the prosecutor when he told me, you can't just come down here and
[15:20.880 --> 15:32.080]  file charges anytime you want to. And I said, I can. He stepped up. He said, what's the problem?
[15:32.720 --> 15:37.840]  This guy is really getting excited. This guy, blah, blah, blah. I've been trying to calm him
[15:37.840 --> 15:41.760]  down. But look at him. He won't calm down. They just made him more furious.
[15:44.800 --> 15:49.200]  I've seen a copy of my rubber ball theory. I've talked about it. I've talked about it
[15:49.200 --> 15:56.320]  on the air a couple of times. But what I was doing to him was right by the book.
[15:57.680 --> 16:04.000]  Whatever response you feel like giving him, don't do it. Give him something else. But he said,
[16:04.000 --> 16:09.200]  you can't just come down here anytime. File charges. And I thought he's trying to give me
[16:09.200 --> 16:15.760]  to argue with him. So I said, yeah, I can. And he was kind of stopped for a second and then he
[16:15.760 --> 16:22.480]  just went off. I bet he beats his wife. But he won't be messing with me anymore because I'm going
[16:22.480 --> 16:28.080]  to bar grieve him and Mary Critic's going to bar grieve him. He tried to get the bailiff to throw
[16:28.080 --> 16:33.840]  me out of the building. I'm going to bar grieve him for not being nice to me. And then I'm going
[16:33.840 --> 16:37.040]  to bar grieve him for trying to get me thrown out of the building.
[16:37.040 --> 16:47.240]  Yep. That's when my pimp did crime. Yeah, the air was mouse off to me again. I'll bar
[16:47.240 --> 16:55.520]  grieve the DA. So anyway, we're having too much fun. Scott wanted to come up first. He's got
[16:55.520 --> 16:59.600]  some stuff he wants to talk about. And we'll take Scott as soon as we come back. We'll be right back.
[16:59.600 --> 17:09.040]  It's the 2019 Logos Radio Network annual fundraiser and gun giveaway sponsored by
[17:09.040 --> 17:15.760]  Central Texas Gun Works. Go to logosradionetwork.com and enter to win. Any amount is appreciated.
[17:15.760 --> 17:21.040]  Everything helps to keep us on the air. From Central Texas Gun Works, the grand prize up for
[17:21.040 --> 17:28.560]  grabs is the Spikes Tactical AR-15. More prizes and sponsors to be announced. Every $25 donation
[17:28.560 --> 17:35.440]  is a chance to win. When you purchase Randy Kelton's ebook, Legal 101, you get four chances to win.
[17:35.440 --> 17:40.800]  Purchase Eddie Craig's traffic seminar and get 10 chances to win. If you've enjoyed the shows on
[17:40.800 --> 17:46.720]  Logos Radio Network, support our fundraiser so we can keep bringing you the best quality programming
[17:46.720 --> 17:53.280]  on talk radio today. We also accept Bitcoin and other cryptocurrencies. And remember, every $25
[17:53.280 --> 17:59.200]  donation is a chance to win. Go to logosradionetwork.com for details and donate today.
[18:00.800 --> 18:05.360]  Logos Radio Network welcomes a new show to our lineup for the new year.
[18:05.360 --> 18:11.600]  Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. Central Time.
[18:11.600 --> 18:17.760]  Our goal is in accord with Matthew 516. Let your light so shine before men that they may see your
[18:17.760 --> 18:23.520]  good works and glorify your Father which is in heaven. We wish to reflect God's light and be a
[18:23.520 --> 18:29.280]  blessing to all those with a hearing ear. Join Nana and guests for both verse by verse Bible
[18:29.280 --> 18:35.440]  studies and topical Bible studies designed to provoke unto love and good works. Our verse by
[18:35.440 --> 18:40.960]  verse Bible studies will begin in the book of Matthew where we will discuss one chapter per week.
[18:40.960 --> 18:46.640]  Our topical Bible studies will vary each week and will explore sound doctrine as well as Christian
[18:46.640 --> 18:53.040]  character development. So mark your calendar and join us live on logosradionetwork.com
[18:53.040 --> 18:59.200]  Wednesdays from 8 to 10 p.m. starting January 8th for an inspiring and motivating discussion on the
[18:59.200 --> 19:22.560]  Scriptures.
[19:22.560 --> 19:46.960]  Okay, we are back. Randy Kelton, Brett Fountain, Rural World Radio. Have you ever stuck a pin in
[19:46.960 --> 19:55.280]  a cockroach and watched little legs flopping up and down? Never have. That's I never have either
[19:55.280 --> 20:02.000]  but I've imagined it and when I was looking at him that's what I was imagining. It was like he's a
[20:02.000 --> 20:06.320]  little cockroach and I just stuck a pin in him and he's there flopping around trying to get
[20:06.320 --> 20:19.920]  loose in that pin and I will have to admit I enjoyed that way too much. The last thing I told
[20:19.920 --> 20:28.720]  him look just trying to give you a heads up you need to read 2.03 while I read it. He stormed into
[20:28.720 --> 20:42.400]  his office. I bet you he did though. He probably did find it. I'm sure he did and if his boss was
[20:42.400 --> 20:51.600]  in the grand jury room when they had criminal complaints against him he's got a problem and
[20:51.600 --> 20:59.200]  since I had it sealed and grand jury eyes on him if he opened it and I'm sure he did because
[20:59.760 --> 21:09.280]  the last time the judge gets on the line that's my noise. The last time I was in court I walked
[21:09.280 --> 21:14.160]  past the courtroom door and it's got a big glass in it and I stood there and looked inside
[21:14.160 --> 21:21.120]  and the judge saw me and just ignored everybody else and sat there and glared at me and I thought
[21:21.120 --> 21:32.560]  uh-oh James opened the folder and when I get talked to the foreman I'm going to ask him if the seal
[21:32.560 --> 21:40.320]  was broken on the interloat that I put the complaints in. They were all nicely bound with
[21:40.320 --> 21:48.160]  these little plastic binders on them I got a tool for that. So they're pretty you look like I went
[21:48.160 --> 21:56.480]  to a lot of trouble to do them. Did you seal them up with wax too? I did use the wax seal it was
[21:56.480 --> 22:04.560]  bright red wax and there's this cheese I buy and it's in the wax is red on it and I've been saving
[22:04.560 --> 22:10.000]  I gotta be drunk on it and I use that and when I walked in the clerks said oh Mr. Curran you've
[22:10.000 --> 22:16.960]  got blood on you and let's watch what and it was the wax it looked like blood and I got a big kick
[22:16.960 --> 22:25.440]  out of that but if the foreman tells me that seal was broken the district attorney has a problem.
[22:27.680 --> 22:35.680]  Now I'm going to send a package to Johnson County and they'll be sealed but they will be sent
[22:35.680 --> 22:40.560]  through the mail since I hand carried these I can't see the postal inspectors on them.
[22:40.560 --> 22:47.040]  So there's only 49 complaints it'll be interesting to see what happens about it.
[22:47.600 --> 22:53.120]  He's probably going to say he didn't give them to him this time but in seven days if I don't have
[22:53.120 --> 23:01.040]  that cover letter back then I'll have reason to believe that he didn't give it to the grand jury
[23:01.760 --> 23:05.600]  and then I'll file against him and let him explain what happened to him.
[23:05.600 --> 23:11.600]  Okay let's go to callers we got Scott Scott what do you have for us today?
[23:12.800 --> 23:19.680]  Well howdy howdy I heard somebody talking about my favorite subject bar grievances.
[23:20.640 --> 23:31.280]  Oh we were talking a little earlier and I said you know isn't it interesting that all these
[23:31.280 --> 23:37.600]  public officials, congress, senators they all like to brag how they're attorneys.
[23:38.400 --> 23:44.640]  Well and they all have bar cards and I was talking to you and your initial thought was that
[23:44.640 --> 23:51.840]  they relinquish their bar card and still keep their law license. I said you know I don't think so
[23:51.840 --> 23:58.480]  I bet you they still have them. Well I couldn't found find it so I called Brett because I knew
[23:58.480 --> 24:03.040]  he knew how to dig that stuff out a lot quicker because he's been he's used to moving around
[24:03.040 --> 24:07.840]  on their side. They changed it up since the last time I started looking at it and sure enough
[24:07.840 --> 24:15.440]  he found John Cornyn and what was how was Ted's name wrote up again uh Fingador?
[24:15.440 --> 24:20.000]  Well it didn't come up under Ted but it's uh Raphael Edward Cruz.
[24:21.200 --> 24:27.120]  Yeah so he kind of had his tucked away a little tougher to find under a different name
[24:27.120 --> 24:37.120]  but you know these guys all carry a bar card so it's my intention that they should be grieved
[24:37.120 --> 24:43.760]  for all the things that they are doing you know that are in violation of what we think that are
[24:44.640 --> 24:50.880]  laws that they should be standing up for and just make it so uncomfortable for these guys
[24:50.880 --> 24:58.880]  that it's going to cost them more to be an attorney than it will be to be a politician
[24:58.880 --> 25:05.360]  and just really just make life miserable for them because everything that we seem to do you know
[25:05.360 --> 25:12.240]  they just kind of wash off and nothing affects them but if we start going after their bar card
[25:12.800 --> 25:19.680]  and their insurance so that they can't get any malpractice insurance why don't we just turn
[25:19.680 --> 25:27.600]  the heat up on them that way and and really fire them up real good well you think about that
[25:29.280 --> 25:35.360]  I think that's a great idea I think it's dirty rotten lowdown and devious
[25:37.440 --> 25:38.320]  that's why I like it
[25:42.240 --> 25:47.360]  Scott you do realize that you're going to affect these guys when they when they get out of that
[25:47.360 --> 25:52.240]  politician seat and they go try to open up their own law practice again like they're planning to do
[25:52.960 --> 26:00.320]  that's going to affect their premiums aren't you aren't you a little worried about causing them to
[26:00.320 --> 26:07.520]  have some consequences I was just really concerned I wasn't going to get the invite to the Christmas
[26:07.520 --> 26:15.120]  party that's what really broke my heart I got I laid down and I got over it and I think I'll
[26:15.120 --> 26:20.960]  just go ahead and just move on and just start informing everybody they can start looking up
[26:20.960 --> 26:28.080]  their congressmen and senators in their state and just start bar grieving these guys to the stone age
[26:28.640 --> 26:35.040]  and once we start really winding their clocks up like that I think we'll kind of start getting
[26:35.040 --> 26:43.520]  their attention where it hasn't been able to be swayed before so this is something just
[26:43.520 --> 26:48.960]  because these guys just if they think that they can just stomp around do whatever they want
[26:49.920 --> 26:54.800]  the people need to start standing up and saying you know what you're not doing what you're supposed
[26:54.800 --> 27:02.800]  to be doing let's just take away your law license and your bar card and then see how you like it now
[27:03.680 --> 27:09.920]  and I think it's just a real good tactic to start going after these guys in different ways because
[27:09.920 --> 27:15.200]  I'm all about you know if we do the same thing over and over and expect a different result
[27:15.200 --> 27:21.760]  that's the definition of insanity so why don't we just try several different tactics and see
[27:21.760 --> 27:27.280]  which one will stick and I think this will wind them up real good and give a lot of people something
[27:27.280 --> 27:35.120]  to do it might also get us some unsavory legislation put before the house in the senate
[27:35.120 --> 27:44.560]  like to block bar grievances against attorneys not actively practicing law
[27:46.480 --> 27:56.880]  or there is a section in the standards about civil behavior if you're a if you carry a bar card
[27:56.880 --> 28:07.120]  you are a representative of the bar so you have to maintain a certain civil behavior
[28:07.120 --> 28:13.280]  good chance they're likely to take that out but we don't really care we'll bar grieve them anyway
[28:15.600 --> 28:21.520]  that's right and even if they try to wiggle around and do whatever we just bar grieve them all the
[28:21.520 --> 28:28.000]  way and just keep our grieving the crowd out of these guys and maybe we actually will give them
[28:28.000 --> 28:34.160]  the start you know to start doing what they should be doing because if they're doing everything right
[28:34.160 --> 28:39.120]  you know we don't have a reason to be grieving them but if they're up there doing like they normally
[28:39.120 --> 28:46.720]  do well there's plenty of grots out there for a lot of these people so I think there's a I think
[28:46.720 --> 28:52.800]  this would be a good little tactic to start maneuvering these people and forcing these
[28:52.800 --> 28:57.600]  guys to start paying attention to what we are asking they're supposed to be working for us
[28:57.600 --> 29:04.160]  they're on our dime we pay their salaries and they ain't working for us so since they ain't
[29:04.160 --> 29:13.440]  working for us I think we need to complain about that I think that's a good idea you've been around
[29:13.440 --> 29:22.800]  Brett too long oh come on now I'll be around since 2015 is that my fault it's all your fault Brett
[29:25.840 --> 29:29.600]  Brett are you proud of yourself now look what you've done
[29:32.080 --> 29:35.920]  I'm not taking credit for that anyway I would
[29:35.920 --> 29:43.440]  how many bars is it I'll follow and bring it over to your house that one day a sack about what
[29:43.440 --> 29:52.240]  three inches six yeah uh you have something on the other side no that's it I'll let y'all go
[29:52.960 --> 29:57.520]  thank you Scott Randy Kelton Brett Fountain we'll be right back
[29:57.520 --> 30:05.440]  business has asked you for a lot of personal information and you may trust them to keep
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[33:35.760 --> 33:46.480]  okay we are back randy kelton brett fountain rule law radio and we're going to tina in california
[33:47.120 --> 33:54.800]  tina what do you have for us today well hi randy and brett hi dana i see you're having
[33:54.800 --> 34:00.480]  way too much fun out there i'm gonna have to move we're working on it so you are
[34:00.480 --> 34:08.800]  um well actually today i'm having even more fun i met with uh mary quinnick she came up from
[34:08.800 --> 34:19.280]  austin and gave me a set of brass knuckles i'm not sure what she was trying to tell me
[34:21.200 --> 34:26.560]  but they're too small for me my wife they would fit my wife's hand that's what i wonder if she's
[34:26.560 --> 34:33.360]  trying to tell you something that's what i was thinking yeah maybe she's okay you meant to give
[34:33.360 --> 34:43.920]  them to your wife use on you yeah that's what i was afraid of okay what do you have for us today
[34:45.120 --> 34:52.080]  well i wanted to discuss the benefit of the listeners and myself this issue of
[34:52.080 --> 34:59.200]  uh litigation privilege you know the lying lawyers privilege to lie um
[35:00.160 --> 35:06.560]  it just you know they said yesterday it seems to contradict their own rules and the
[35:07.360 --> 35:14.720]  being constitutional so you know in a case where they're trying to claim that anything they said
[35:14.720 --> 35:22.480]  this you know they have privilege to lie about you know i don't know it just seems rather
[35:24.160 --> 35:31.680]  you know odd um well the one i thought when i read that is how does the judiciary
[35:32.880 --> 35:38.400]  get the authority to usurp the legislature
[35:38.400 --> 35:44.400]  the legislature made it a crime to commit aggravated perjury
[35:46.720 --> 35:53.360]  how can the legislature decide that that's not a crime if you're a lawyer
[35:55.840 --> 36:03.600]  yeah that's that's a good good good question uh because i i know they've used this against
[36:03.600 --> 36:11.760]  a friend of mine in Florida and said everything was litigation privilege so how do we besides
[36:11.760 --> 36:18.720]  as you suggested having to sue uh the state par and uh you know our state how do we get
[36:18.720 --> 36:26.160]  around it you know how do we please i'm saying we don't sue them from our practice
[36:26.160 --> 36:34.560]  we sue them for fraud and for the tort of committing crimes against us
[36:36.960 --> 36:38.800]  and file criminally against them
[36:42.000 --> 36:48.480]  let's see if the court wants to go as far as to attempt to indemnify someone
[36:49.040 --> 36:52.320]  from the consequences of alleged criminal behavior
[36:52.320 --> 37:02.320]  you know if we do the same thing we're we're not you know we don't have a litigation privilege
[37:02.320 --> 37:05.040]  even if we're our own you know attorney
[37:08.160 --> 37:10.080]  so that doesn't seem like there's a fair field
[37:11.280 --> 37:16.960]  whatever it is but if i were an attorney you know i could argue the other side
[37:16.960 --> 37:25.600]  that it's my duty to litigate a case for my client and if i'm afraid that anything i say
[37:25.600 --> 37:36.560]  before the court get me sued i can't effectively litigate my case but that doesn't expand to
[37:37.360 --> 37:44.400]  okay since i have this protection now i can say anything i want to and it sounds like california
[37:44.400 --> 37:50.000]  has went so far as to get the courts to say uh you can do anything you want to
[37:50.880 --> 37:56.320]  you know heck with the bar standards uh they don't really apply to you because you have a
[37:56.320 --> 38:05.840]  litigation privilege you can do anything you want to and it's hard to see how they reconcile
[38:05.840 --> 38:14.800]  the bar standards with the behavior and didn't i didn't you send me something to say that the
[38:15.520 --> 38:24.560]  california bar has just adopted the american bar association model standards
[38:25.680 --> 38:28.240]  yes that was a while ago i i think i sent it
[38:28.240 --> 38:39.280]  so the model standards are still the standards and if they they define what is improper behavior
[38:39.280 --> 38:48.000]  so are the courts really saying that lawyers can act improperly and feel as though they are
[38:48.000 --> 38:53.840]  shielded from the natural consequences of improper behavior that's what this sounds like
[38:53.840 --> 38:58.560]  they wouldn't say it in so many words even if that's the way they act
[39:01.280 --> 39:07.520]  yeah what i what tina sent me it it seemed like they were saying it in so many words wow
[39:12.320 --> 39:19.920]  that's what the blue that's what blue gets you and that's why people are flooding out of california
[39:19.920 --> 39:28.480]  like flushing a toilet because it had i think you know people always tell me that there's their
[39:28.480 --> 39:36.080]  county is the worst county in the nation but i'm beginning to think that california may well
[39:36.080 --> 39:44.000]  be the most corrupt state in the nation except louisiana but louisiana is a whole different animal
[39:44.000 --> 39:56.160]  well i think it's uh i'm going to try to find some case law to help me uh with this um and get
[39:56.160 --> 40:03.280]  around it but i'm sort of prepared to just you know state you know uh to the judge especially
[40:03.280 --> 40:12.000]  if i get before her um that you know if the judge is going to allow them to lie and give their liars
[40:12.000 --> 40:19.680]  and and say you know if you're giving them lying lawyers privilege to lie uh then i might as well
[40:19.680 --> 40:25.280]  stop right here because there will be no fair hearing in this you know in this court and it
[40:25.280 --> 40:32.240]  just shows that the california justice system has fallen so far that it's you know it's you know
[40:32.240 --> 40:40.240]  you can't bring it back up okay and my suggestion was uh this sounds if that is the case this is
[40:40.240 --> 40:50.320]  meet for a federal weco suit yes against the state there you go but you know i mean that's
[40:50.320 --> 40:56.560]  that's pretty intense for me to try to to bring i mean i wouldn't mind trying it um wouldn't know
[40:56.560 --> 41:01.840]  where to quite start right now especially with all the other things i've got going but i guess it's
[41:01.840 --> 41:07.600]  not too late you know later if we you know if we come back in six months and say okay this is time
[41:07.600 --> 41:15.920]  to do this uh let's see how the case transpires and see what i can come up with to you know take it
[41:15.920 --> 41:24.560]  out but you might read the week we i'm sorry read the rico statue my tang was getting tangled
[41:25.840 --> 41:33.040]  and use verbiage in your case that comes out of the rico statues one of my favorite pieces of
[41:33.040 --> 41:44.240]  verbiage is that is that they participated in multiple multiple credit multiple predicate acts
[41:45.360 --> 41:53.840]  toward an ongoing criminal conspiracy okay i like that that defines rico any lawyer worth
[41:53.840 --> 42:04.880]  your salt that should scream rico adam federal weco none of them like federal weco no we've
[42:04.880 --> 42:11.280]  got to do something um because this is getting ridiculous where they can say they were allowed
[42:11.280 --> 42:20.400]  to lie to me um because they've got this litigation privilege and you know i mean the rest of the
[42:20.400 --> 42:27.040]  suit is just really pathetic in a way the anti slap one i reread that and i i just don't see how
[42:27.040 --> 42:31.360]  they can make that fit i cannot see how they're they're making it fit
[42:34.080 --> 42:40.960]  i haven't read the anti slap in uh california but i have read read the one in texas
[42:43.040 --> 42:50.320]  and it's really about journalists it's not about lawyers journalists are not officers
[42:50.320 --> 42:57.040]  of the court yeah that's what i'm seeing in california unless i'm misreading it
[42:58.880 --> 43:06.960]  but i'm saying thing then you should challenge that as being okay well it's california there
[43:06.960 --> 43:14.160]  are remedies but they're difficult time-consuming remedies if you're looking looking for an easy
[43:14.160 --> 43:21.200]  fix i don't have one when you're in a system that's absolutely totally corrupt you know where do you
[43:21.200 --> 43:30.240]  start yeah why do you start well i i sent you a draft of where i started um i've got a you know
[43:30.240 --> 43:36.560]  a few uh a week or two i've got to find out when i have to respond but um at least i've got to start
[43:36.560 --> 43:43.120]  uh okay hang on pick this up on the other side randy kelton brett fountain rule of our radio
[43:44.640 --> 43:47.920]  we got a full board of callers so i'm not going to go out to call in numbers
[43:49.280 --> 43:51.520]  hang on we'll be right back
[44:00.080 --> 44:04.960]  i love logos without the shows on this network i'll be almost as ignorant as my friends i'm so
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[46:22.320 --> 46:35.200]  okay
[46:52.320 --> 47:00.920]  Okay, we are back, Randy Kelton, Brett Fountain, Rue of Law Radio, and we're talking to Tina
[47:00.920 --> 47:01.920]  in California.
[47:01.920 --> 47:03.920]  Okay, go ahead Tina.
[47:03.920 --> 47:08.920]  Well, I think we're just going to have to come to some reason to get around this.
[47:08.920 --> 47:10.600]  I'm going to do some more research.
[47:10.600 --> 47:17.000]  I'll check in with you guys to see what you think to what I find, but I like the idea
[47:17.000 --> 47:22.880]  eventually of going after them or, you know, for putting this out there.
[47:22.880 --> 47:27.800]  I don't think anyone should have the privilege to lie in court.
[47:27.800 --> 47:28.800]  I agree.
[47:28.800 --> 47:31.080]  I can't see that getting past the fence.
[47:31.080 --> 47:37.480]  Well, let's try it in six months or so, we'll see how it goes, and I'll call in, I'll
[47:37.480 --> 47:39.480]  call in.
[47:39.480 --> 47:42.280]  Tina, missed that last part.
[47:42.280 --> 47:48.760]  I'll call in tomorrow with another question, so you've got the full call, the full board,
[47:48.760 --> 47:54.360]  and I'll go on the listen line so I can hear the rest of it and ask you as usual.
[47:54.360 --> 47:55.360]  Okay.
[47:55.360 --> 47:56.360]  Thank you, Tina.
[47:56.360 --> 48:04.560]  Now, we're going to go to Jesse 510, isn't that Arkansas?
[48:04.560 --> 48:07.080]  No, it's California.
[48:07.080 --> 48:16.240]  I keep getting that mixed up, okay, you're from California like Tina, I won't hold that
[48:16.240 --> 48:17.240]  against you.
[48:17.240 --> 48:22.040]  Okay, what do you have for us?
[48:22.040 --> 48:30.760]  Okay, so I had two vehicles parked on the street in front of my house and neither of
[48:30.760 --> 48:37.480]  them had tags on them or up-to-date tags, and an officer came by and put two warnings
[48:37.480 --> 48:44.720]  on my vehicle, citing that they can tow it if I don't get the registration paid.
[48:44.720 --> 48:51.400]  So, I just want to know how to go after them for the extortion, because essentially what's
[48:51.400 --> 48:54.680]  going on, they're extorting me for...
[48:54.680 --> 48:58.560]  Okay, you can't.
[48:58.560 --> 49:01.240]  That's actually in code.
[49:01.240 --> 49:02.240]  In code.
[49:02.240 --> 49:03.240]  Yeah.
[49:03.240 --> 49:10.520]  You can't use their streets if you're not paying the tax for their streets.
[49:10.520 --> 49:11.800]  You can't park on their streets.
[49:11.800 --> 49:16.840]  You can still travel on the streets, but you can't use it for storing your vehicle, because
[49:16.840 --> 49:23.680]  you didn't pay the tax, at least that's their argument.
[49:23.680 --> 49:30.680]  Yeah, but if they have no authority in the first place, then that's where I'm getting
[49:30.680 --> 49:31.680]  at.
[49:31.680 --> 49:32.680]  Oh, yeah, they do.
[49:32.680 --> 49:33.680]  Yeah, they do.
[49:33.680 --> 49:41.480]  And this one just to do, these streets don't belong to you, individually, they belong to
[49:41.480 --> 49:49.400]  the public, and it is the taxes that's part of what pays for these streets.
[49:49.400 --> 49:53.840]  And the rationale is, if you don't pay the taxes, you don't have the right to use the
[49:53.840 --> 49:57.680]  street for storage of your vehicle.
[49:57.680 --> 50:00.960]  You can park it, but you have to park it off the street.
[50:00.960 --> 50:06.400]  How does that jive with the...
[50:06.400 --> 50:09.360]  I'm sorry, go ahead, Jesse, you were...
[50:09.360 --> 50:13.600]  I'm just misunderstanding, because I've been listening to you guys for the last three years.
[50:13.600 --> 50:19.360]  I'm not engaged in commerce, so how can they use the vehicle code in California when they
[50:19.360 --> 50:22.920]  don't have any authority and they have no proof that I'm engaged in commerce?
[50:22.920 --> 50:25.320]  I'm just getting confused here.
[50:25.320 --> 50:29.800]  This is not about commerce, it's not about travel.
[50:29.800 --> 50:35.600]  You're not traveling, you're not in locomotion, you're storing your vehicle on public property.
[50:35.600 --> 50:43.760]  You know, I like to take them on, this is what we do, but I don't like getting in fights
[50:43.760 --> 50:44.760]  I can't win.
[50:44.760 --> 50:53.000]  So you're saying that the use of the roads, as a member of the public, the use of the
[50:53.000 --> 50:58.880]  roads is wide open and he can travel on them without having to pay taxes or something,
[50:58.880 --> 51:02.200]  because that's the public's roads.
[51:02.200 --> 51:07.600]  But if he parks it there, then he's usually using it as storage.
[51:07.600 --> 51:10.480]  Exactly, he's not using it as travel.
[51:10.480 --> 51:11.480]  Okay.
[51:11.480 --> 51:14.920]  Does that make sense, Jesse?
[51:14.920 --> 51:19.720]  I get what you're saying, but I still don't understand how they have the authority to
[51:19.720 --> 51:25.120]  enforce a vehicle code when I'm not engaged in, but you're saying it's commerce but not
[51:25.120 --> 51:26.320]  or it's storage, but it's not.
[51:26.320 --> 51:27.960]  No, I'm not saying it's commerce.
[51:27.960 --> 51:30.240]  This is not commerce.
[51:30.240 --> 51:32.120]  This is not travel.
[51:32.120 --> 51:38.480]  It doesn't follow, it's not what Martichet would say, locomotion.
[51:38.480 --> 51:43.440]  You're not using the highways for locomotion.
[51:43.440 --> 51:48.760]  That you have a right to, but you don't have a right to use them for storage.
[51:48.760 --> 51:57.240]  If you're downtown or something where it's real busy, they charge you extra for parking.
[51:57.240 --> 52:04.400]  Normally your registration covers your parking cost, but if you didn't register it, then
[52:04.400 --> 52:05.800]  you didn't pay the parking cost.
[52:05.800 --> 52:15.800]  That just doesn't, you know, the transportation code is not engaged in this one.
[52:15.800 --> 52:16.800]  Okay.
[52:16.800 --> 52:25.320]  Well, yeah, that's the one thing that was using was they, but the expired registration
[52:25.320 --> 52:27.320]  falls under the vehicle code.
[52:27.320 --> 52:35.640]  Yeah, but the expired, the registration is evidence that you've paid the tax.
[52:35.640 --> 52:41.520]  The payment for registration is the tax.
[52:41.520 --> 52:46.400]  And if they see that you don't have evidence that you've paid the tax, then they have reasonable
[52:46.400 --> 52:48.520]  problem of cost to believe that you didn't.
[52:48.520 --> 52:54.720]  Now, if you can show them that you did pay the tax to park or some find something else
[52:54.720 --> 53:03.360]  that gives you a right to store your vehicles on the public right of way, then maybe you
[53:03.360 --> 53:08.240]  can fight them, but I don't know of anything other than the registration.
[53:08.240 --> 53:09.240]  Okay.
[53:09.240 --> 53:13.760]  I like a good fight, but I don't want to take on a fight.
[53:13.760 --> 53:14.760]  I can't win.
[53:14.760 --> 53:15.760]  Okay.
[53:15.760 --> 53:22.360]  Well, I got like 10 other fights, but I'm sure that we can get into that we can win.
[53:22.360 --> 53:26.640]  One main thing that I would like to wonder how I can apply is because it's California
[53:26.640 --> 53:33.280]  Penal Code 145, it says that if an officer willfully delays to after an officer arrests
[53:33.280 --> 53:39.040]  you, they willfully delay to take you to the magistrate, they're guilty of a misdemeanor.
[53:39.040 --> 53:40.920]  I'm just wondering how.
[53:40.920 --> 53:42.920]  Right, right question.
[53:42.920 --> 53:43.920]  Nice.
[53:43.920 --> 53:44.920]  Nice.
[53:44.920 --> 53:46.480]  You did that perfectly.
[53:46.480 --> 53:55.760]  Go to jurisimprudence.website and on the front of jurisimprudence.website right underneath
[53:55.760 --> 54:04.920]  the criminal complaint against the governor is a petition for declaratory judgment.
[54:04.920 --> 54:15.240]  Now it's written to Texas law, but all of the laws are 99% the same.
[54:15.240 --> 54:25.160]  It goes through how the only way a court can get subject matter jurisdiction in a case
[54:25.160 --> 54:31.600]  with a finding of probable cause at an examining trial.
[54:31.600 --> 54:36.720]  And I address the statute, you'll have the same thing in California, you'll have one
[54:36.720 --> 54:44.360]  statute that authorizes a peace officer to arrest someone for an onsite offense.
[54:44.360 --> 54:51.000]  And generally that will include a felony that the officer didn't see, but was reported
[54:51.000 --> 54:59.280]  to him by someone else, and if the person's not arrested, there is a strong likelihood
[54:59.280 --> 55:05.160]  the person will escape prosecution.
[55:05.160 --> 55:09.080]  So if I say, I just saw this guy shoot a guy in the alley back there, and that's the
[55:09.080 --> 55:14.480]  guy right there, the policeman has authority to arrest without a warrant.
[55:14.480 --> 55:19.600]  But if I say, I saw this guy back there and he dumped some garbage in the middle of the
[55:19.600 --> 55:25.640]  alley, well he can't arrest him because that's a misdemeanor.
[55:25.640 --> 55:28.880]  Every state pretty well has that same statute.
[55:28.880 --> 55:34.880]  Well, right after the statute that authorizes arrest to arrest him, and in Texas's case
[55:34.880 --> 55:43.120]  in the same statute, it directs the person to take the individual directly to the nearest
[55:43.120 --> 55:44.120]  magistrate.
[55:44.120 --> 55:47.760]  You're going to have that in your code.
[55:47.760 --> 55:56.200]  So look at, get that treatment down and go through it.
[55:56.200 --> 56:04.720]  The logic is that there's no way for a court to get jurisdiction without a order from the
[56:04.720 --> 56:10.120]  court finding jurisdiction, finding a problem of cause.
[56:10.120 --> 56:16.680]  In Texas, we have a statute to 20A.304.
[56:16.680 --> 56:24.840]  Through the grand jury meets and deliberates, then they are to come before the court or
[56:24.840 --> 56:31.280]  the clerk with at least nine members of the grand jury present, and the foreman shall
[56:31.280 --> 56:35.960]  read the fact of the true bill to the court.
[56:35.960 --> 56:43.680]  And the clerk shall make notes in the minutes of the court, unless the person has not been
[56:43.680 --> 56:52.120]  arrested, in which case the clerk is forbidden to make notes in the minutes of the court,
[56:52.120 --> 56:56.320]  but is required to issue a capious warrant for the person's arrest.
[56:56.320 --> 57:03.600]  Once the person's been arrested, then she can enter the inner notes in the minutes of
[57:03.600 --> 57:09.280]  the court, and the true bill becomes an indictment.
[57:09.280 --> 57:12.720]  Until then, it's only a true bill.
[57:12.720 --> 57:14.960]  We go back to the arrest.
[57:14.960 --> 57:24.800]  On the arrest, the officer is commanded to take the person directly to the nearest magistrate,
[57:24.800 --> 57:29.080]  and the magistrate is commanded to hold an examining trial in California.
[57:29.080 --> 57:32.720]  I think they will call it a preliminary hearing.
[57:32.720 --> 57:41.800]  And at the preliminary hearing, if the magistrate finds no probable cause, there's no jurisdiction.
[57:41.800 --> 57:44.320]  They send him home.
[57:44.320 --> 57:51.080]  And in Texas, after the examining trial, the magistrate is commanded to seal all documents
[57:51.080 --> 57:55.320]  head in the hearing, causes name to be written across the seal of the envelope, and forward
[57:55.320 --> 57:57.360]  it to the clerk's court jurisdiction.
[57:57.360 --> 58:03.600]  This maintains the chain of evidence.
[58:03.600 --> 58:08.880]  If the magistrate seals all these documents, and an envelope sends it to the clerk, and
[58:08.880 --> 58:17.680]  the clerk opens it, and the decision of the court is that there is no probable cause,
[58:17.680 --> 58:21.600]  the clerk cannot initiate a prosecution.
[58:21.600 --> 58:22.600]  You go home.
[58:22.600 --> 58:23.600]  There's nothing.
[58:23.600 --> 58:32.600]  Even if there was an indictment, the codes are very carefully crafted.
[58:32.600 --> 58:36.200]  It's taken me 30 years to work this out.
[58:36.200 --> 58:44.760]  Hang on, Randy Kelton, Brett Felton, root of our radio, I'll call in number 512-646-1984.
[58:44.760 --> 58:50.360]  We'll be right back.
[58:50.360 --> 58:55.800]  The Bible remains the most popular book in the world, yet countless readers are frustrated
[58:55.800 --> 58:58.600]  because they struggle to understand it.
[58:58.600 --> 59:04.000]  Some new translations try to help by simplifying the text, but in the process can compromise
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[59:48.000 --> 01:00:00.800]  That's freestudybible.com.
[01:00:00.800 --> 01:00:06.880]  The following news flash is brought to you by the Lone Star Lowdown.
[01:00:06.880 --> 01:00:13.240]  Markets for Monday the 22nd of July 2019 open with precious metals, gold $1,429 an ounce,
[01:00:13.240 --> 01:00:21.520]  silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.63 a barrel, brand crude
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[01:00:46.280 --> 01:00:52.520]  In history the year 1916 the preparedness day bombing, a time suitcase bomb was detonated
[01:00:52.520 --> 01:00:57.840]  on Market Street in San Francisco during the World War I preparedness day parade killing
[01:00:57.840 --> 01:01:04.840]  10 and injuring 40.
[01:01:04.840 --> 01:01:09.880]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hempon attacks
[01:01:09.880 --> 01:01:15.080]  his law back in June, county prosecutors around the state including Houston, Austin, San Antonio
[01:01:15.080 --> 01:01:19.200]  have been dropping marijuana possession charges and even refusing to file new ones since they
[01:01:19.200 --> 01:01:23.280]  are stipulating that they do not have the time or the laboratory equipment to test the
[01:01:23.280 --> 01:01:27.840]  order for THC. Margaret Moore, the Travis County District Attorney announced earlier
[01:01:27.840 --> 01:01:32.600]  this month that she was dismissing 32 felony possession and delivery of marijuana cases
[01:01:32.600 --> 01:01:33.800]  because of the law.
[01:01:33.800 --> 01:01:37.680]  Mr. Abbott and other state officials including the Attorney General stipulated in a letter
[01:01:37.680 --> 01:01:42.200]  that county district attorneys back on Thursday that marijuana has not been decriminalized
[01:01:42.200 --> 01:01:48.320]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works as
[01:01:48.320 --> 01:01:54.560]  well as other cities too like the District Attorney in El Paso, Cayma Esparza, a Democrat
[01:01:54.560 --> 01:01:59.760]  who also stated earlier this month that the law quote will not have an effect on the prosecution
[01:01:59.760 --> 01:02:01.920]  of marijuana cases in El Paso.
[01:02:01.920 --> 01:02:06.840]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[01:02:06.840 --> 01:02:11.320]  in Harris County who stated that quote, the law is constantly changing on what makes something
[01:02:11.320 --> 01:02:13.560]  illegal based on its chemical makeup.
[01:02:13.560 --> 01:02:17.440]  It's important that if someone is charged with something, the test matches what they're
[01:02:17.440 --> 01:02:22.680]  charged with.
[01:02:22.680 --> 01:02:27.360]  A paper by Tulane University identified a five and a half inch American pocket shark
[01:02:27.360 --> 01:02:32.480]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[01:02:32.480 --> 01:02:38.120]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[01:02:38.120 --> 01:02:39.600]  Pacific Ocean.
[01:02:39.600 --> 01:02:43.920]  According to the university paper, the shark secretes a luminous fluid from a gland near
[01:02:43.920 --> 01:02:50.160]  its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[01:02:50.160 --> 01:03:17.640]  glow.
[01:03:47.640 --> 01:04:17.120]  Okay, we are back, Randy Kelton, Brett Fountain, Ruda Raw Radio, and we're talking to Jesse
[01:04:17.120 --> 01:04:26.320]  in California, and I have it on the Internet. It is written and tended to be generic. I did
[01:04:26.320 --> 01:04:36.360]  not include, okay, look in California law. I'm relatively certain that you will have
[01:04:36.360 --> 01:04:48.520]  a declaratory judgment statute. Martichet from Florida, he was bringing a case where
[01:04:48.520 --> 01:04:56.640]  he's trying to get a statute ruled void for vagueness, and the judge, the first time he
[01:04:56.640 --> 01:05:11.840]  sent it, the judge overturned it, he dismissed it without prejudice, and Martichet called
[01:05:11.840 --> 01:05:16.880]  me, he's all upset, and I said, wait, wait, wait, wait, wait. Read the judges, and in
[01:05:16.880 --> 01:05:26.600]  the federal court, an order is not an order unless it has a judgment with it, and a judgment
[01:05:26.600 --> 01:05:32.280]  effectively is a brief in support of their order, it's findings of fact and conclusions
[01:05:32.280 --> 01:05:39.320]  at law. Read that carefully, the judge will tell you exactly what you did wrong and how
[01:05:39.320 --> 01:05:45.520]  to fix it, and that's not a problem because he does the same thing for the other side.
[01:05:45.520 --> 01:05:49.480]  He wants to get the best pleadings he can, so I said, read it as if the judge is trying
[01:05:49.480 --> 01:05:55.240]  to instruct you, and he came back to me and he said, you were right, I was wrong, I screwed
[01:05:55.240 --> 01:05:59.520]  up something, and the judge told me exactly what I screwed up.
[01:05:59.520 --> 01:06:06.120]  So I asked him to, when you write your response, start out with the court's criticisms are
[01:06:06.120 --> 01:06:14.920]  well-founded, the response is an amended pleading. Say that the judge's criticisms are well-founded
[01:06:14.920 --> 01:06:19.800]  and you attempt to address those, and he did that, and the judge mentioned in his response
[01:06:19.800 --> 01:06:28.840]  to him twice that Mr. Martichet indicated that the court's criticisms were well-founded.
[01:06:28.840 --> 01:06:33.880]  That I'd never seen that before, and I was surprised, but clearly the judge knew he was
[01:06:33.880 --> 01:06:43.720]  dealing with a prosaed litigant, and the prosaed litigant treated his response with respect.
[01:06:43.720 --> 01:06:48.000]  The judge liked that, so he gave him another one and told him what was wrong, he filed
[01:06:48.000 --> 01:06:57.040]  a petition for declaratory judgment, and asked the court to issue an order abating the criminal
[01:06:57.040 --> 01:07:04.040]  prosecution against him, because if he got a positive ruling in this issue, that prosecution
[01:07:04.040 --> 01:07:11.560]  would be moot, and the judge told him, no can do, you're asking me to interfere with
[01:07:11.560 --> 01:07:17.760]  the state case, so he dismissed this one as well, but he also told him exactly what was
[01:07:17.760 --> 01:07:25.880]  wrong with it, and he's fixing it by filing a petition for declaratory judgment.
[01:07:25.880 --> 01:07:32.680]  What a petition for declaratory judgment is, is you're asking the court to rule on the
[01:07:32.680 --> 01:07:35.680]  rights of the parties.
[01:07:35.680 --> 01:07:39.600]  In a declaratory judgment, there are no defendants.
[01:07:39.600 --> 01:07:43.920]  There is the petitioner and the respondent.
[01:07:43.920 --> 01:07:49.680]  You don't ask for any damages, you don't ask for attorney fees, you don't ask for anything.
[01:07:49.680 --> 01:07:55.200]  All you're asking is for the judge to rule on the rights of the parties on a point of
[01:07:55.200 --> 01:07:56.200]  law.
[01:07:56.200 --> 01:07:58.200]  Rights or status, right?
[01:07:58.200 --> 01:07:59.200]  Status.
[01:07:59.200 --> 01:08:09.680]  And in this case, I'm asking the judge to rule that when a peace officer arrests someone
[01:08:09.680 --> 01:08:20.240]  for any reason, he is directed by black letter law to take that person to the nearest magistrate.
[01:08:20.240 --> 01:08:28.480]  And I'm asking the court to rule that the law means the officer must take the person
[01:08:28.480 --> 01:08:32.280]  directly to the nearest magistrate.
[01:08:32.280 --> 01:08:40.640]  And then the next thing I asked is this one is specific to Texas law, but there will be
[01:08:40.640 --> 01:08:49.320]  something similar in California law, because in California law, there has to be a way
[01:08:49.320 --> 01:08:54.600]  to get the ruling of the magistrate to the court.
[01:08:54.600 --> 01:09:03.600]  What I'm saying is a magistrate, not a trial court, has a jurisdiction based on a criminal
[01:09:03.600 --> 01:09:11.560]  affidavit, limited jurisdiction for the purpose of holding an examining trial.
[01:09:11.560 --> 01:09:19.880]  If the judge finds probable cause, then the judge must forward his finding to the trial
[01:09:19.880 --> 01:09:27.760]  court and the judge's finding of probable cause bestows jurisdiction on the trial court.
[01:09:27.760 --> 01:09:33.400]  So what Texas law says is after an examining trial, the judge is to issue an order stating
[01:09:33.400 --> 01:09:38.920]  whether the person was released at their liberty, bound to the court, released on bail or remanded
[01:09:38.920 --> 01:09:41.880]  to the jail.
[01:09:41.880 --> 01:09:51.680]  Then he is to seal the order, the statements of the witnesses and all other documents had
[01:09:51.680 --> 01:10:00.240]  in the hearing in an envelope, cause his name to be written across the seal of the envelope.
[01:10:00.240 --> 01:10:02.000]  I'm sorry, I'm ahead of myself.
[01:10:02.000 --> 01:10:04.920]  He's to issue an order.
[01:10:04.920 --> 01:10:14.480]  And if an order is not filed with the court within 48 hours, the accused has a right
[01:10:14.480 --> 01:10:16.320]  to discharge.
[01:10:16.320 --> 01:10:20.240]  The legislature did not mince words.
[01:10:20.240 --> 01:10:28.400]  And then 17.30 says after an examining trial, the judge is to seal all documents had in
[01:10:28.400 --> 01:10:31.960]  the hearing, cause his name to be written across the seal of the envelope and forward
[01:10:31.960 --> 01:10:33.920]  it to the clerk in the court of jurisdiction.
[01:10:33.920 --> 01:10:38.680]  You're going to have something like that in California law.
[01:10:38.680 --> 01:10:45.520]  There has to be a statutory mechanism for moving jurisdiction from the magistrate to
[01:10:45.520 --> 01:10:47.640]  the court.
[01:10:47.640 --> 01:10:50.040]  Find it.
[01:10:50.040 --> 01:10:59.960]  And take this document, file a declaratory judgment, petition is not a suit, it's a petition
[01:10:59.960 --> 01:11:05.640]  in the district court and you hope you get the worst judge possible.
[01:11:05.640 --> 01:11:11.080]  If the judge is too reasonable, you want to do something to make him mad at you because
[01:11:11.080 --> 01:11:14.840]  you want him to rule against you.
[01:11:14.840 --> 01:11:20.960]  If the trial court, when you file the original petition, it'll file in a trial court.
[01:11:20.960 --> 01:11:29.480]  If the court rules in your favor, you get a local ruling specific to this case alone.
[01:11:29.480 --> 01:11:34.600]  But if you can get the trial judge to act real ignorant and give you a really screwed
[01:11:34.600 --> 01:11:41.760]  up ruling, then you take that to the court of appeals and if the court of appeals rules
[01:11:41.760 --> 01:11:46.920]  in your favor, now you have a statewide precedent.
[01:11:46.920 --> 01:11:55.320]  You change the law in the state and you do it in a way that will be really hard for them
[01:11:55.320 --> 01:11:59.080]  to get around.
[01:11:59.080 --> 01:12:01.080]  Does that make sense, Jesse?
[01:12:01.080 --> 01:12:05.400]  Yeah, there's a lot to go over, but yeah.
[01:12:05.400 --> 01:12:09.320]  I was going to say, there's a lot to that.
[01:12:09.320 --> 01:12:12.080]  Is that a fight you want to have?
[01:12:12.080 --> 01:12:15.080]  Oh, yeah.
[01:12:15.080 --> 01:12:18.080]  I want to put them in every way to be performed.
[01:12:18.080 --> 01:12:19.080]  Okay.
[01:12:19.080 --> 01:12:25.640]  At this point, you have been challenged, you have been threatened, that's enough to petition
[01:12:25.640 --> 01:12:34.880]  for declaratory judgment, or maybe not, because this goes specifically to our West.
[01:12:34.880 --> 01:12:35.880]  Have you been arrested?
[01:12:35.880 --> 01:12:38.800]  Yeah, so I have two situations.
[01:12:38.800 --> 01:12:43.560]  I was arrested a couple of years ago and they didn't take me to a magistrate after they
[01:12:43.560 --> 01:12:48.200]  booked me and then I actually ended up getting a failure to appear, so I actually did spend
[01:12:48.200 --> 01:12:52.920]  a night in jail because of all this, so not just that, but once again, when I spent the
[01:12:52.920 --> 01:12:55.920]  night in jail, they didn't take me to a magistrate again.
[01:12:55.920 --> 01:12:56.920]  Oh, good.
[01:12:56.920 --> 01:12:57.920]  They never do.
[01:12:57.920 --> 01:12:58.920]  They never do.
[01:12:58.920 --> 01:12:59.920]  None of them do.
[01:12:59.920 --> 01:13:04.440]  But the law is absolutely clear they must.
[01:13:04.440 --> 01:13:13.960]  So I've been 30 years working on this document, getting all of this stitched together.
[01:13:13.960 --> 01:13:19.720]  Now that it's stitched together, you can go through California law and just change out
[01:13:19.720 --> 01:13:27.440]  my law for California law and you can put them on the dime.
[01:13:27.440 --> 01:13:29.720]  You might be able to change the law.
[01:13:29.720 --> 01:13:38.080]  If you have something like Texas law does where 16.17 says that if an order is not filed
[01:13:38.080 --> 01:13:45.000]  with the clerk within 48 hours, the accused has a right to discharge, holy mackerel.
[01:13:45.000 --> 01:13:51.440]  I'm looking in the court record of indictment after indictment after indictment and there
[01:13:51.440 --> 01:13:56.040]  are no 16.17 orders.
[01:13:56.040 --> 01:14:04.160]  That means every criminal prosecution is subject to a subject matter jurisdiction challenge.
[01:14:04.160 --> 01:14:10.720]  Do you know what the best part of a subject matter jurisdiction challenge is?
[01:14:10.720 --> 01:14:15.320]  It can be done at any time.
[01:14:15.320 --> 01:14:16.560]  Exactly.
[01:14:16.560 --> 01:14:20.320]  You get around statute limitations.
[01:14:20.320 --> 01:14:24.040]  So that's where we want to get to.
[01:14:24.040 --> 01:14:31.160]  Pull that down from jurismprudence.websites, link right on the front page to it, and read
[01:14:31.160 --> 01:14:32.800]  through it a couple of times.
[01:14:32.800 --> 01:14:38.800]  The first time it may or may not make sense, but the second time you'll start stitching
[01:14:38.800 --> 01:14:45.320]  all these pieces together and it is very carefully worded.
[01:14:45.320 --> 01:14:51.120]  So read it carefully and then change that to California law and you can put them in
[01:14:51.120 --> 01:14:52.120]  a pickle.
[01:14:52.120 --> 01:14:59.480]  The nice thing about it is if you're charged with a Class C misdemeanor, you can use a declaratory
[01:14:59.480 --> 01:15:05.720]  judgment to jump right out of that municipal or JP court, right to the district court,
[01:15:05.720 --> 01:15:09.240]  right up to the court of appeals.
[01:15:09.240 --> 01:15:15.200]  So you can jump over everybody and go to the big guys and you will find when you're dealing
[01:15:15.200 --> 01:15:23.320]  with district judges and appellate judges that it's a whole different ball game.
[01:15:23.320 --> 01:15:28.840]  You don't get the ball crap you do in the lower courts.
[01:15:28.840 --> 01:15:34.680]  These guys are used to dealing with the learned counsel and high level lawyers.
[01:15:34.680 --> 01:15:41.960]  So they tend to treat you with a high degree of respect, so long as you show them respect.
[01:15:41.960 --> 01:15:43.840]  And it's just a whole different thing.
[01:15:43.840 --> 01:15:44.840]  You'll like it.
[01:15:44.840 --> 01:15:45.840]  Okay.
[01:15:45.840 --> 01:15:46.840]  Do you have anything else?
[01:15:46.840 --> 01:15:47.840]  Yeah, I do have a couple other things.
[01:15:47.840 --> 01:16:01.840]  I wanted to do a freedom of information request when I got arrested and he said to ask for
[01:16:01.840 --> 01:16:04.840]  everything so that they don't know what you're going for.
[01:16:04.840 --> 01:16:05.840]  Okay.
[01:16:05.840 --> 01:16:06.840]  Hold on.
[01:16:06.840 --> 01:16:08.000]  Step back.
[01:16:08.000 --> 01:16:13.400]  Have the cases been completely adjudicated?
[01:16:13.400 --> 01:16:15.360]  You have a final order in the case?
[01:16:15.360 --> 01:16:16.360]  Yes.
[01:16:16.360 --> 01:16:17.360]  Yeah.
[01:16:17.360 --> 01:16:18.360]  There's been final orders.
[01:16:18.360 --> 01:16:19.360]  Okay.
[01:16:19.360 --> 01:16:21.640]  Here's why I asked that question.
[01:16:21.640 --> 01:16:27.920]  Once you are in litigation, at least in Texas, it's probably the same way in California.
[01:16:27.920 --> 01:16:30.200]  The Open Records Act no longer applies.
[01:16:30.200 --> 01:16:33.160]  You have to do everything through discovery.
[01:16:33.160 --> 01:16:38.760]  But if there is a final adjudication in the case, then you're back to Open Records.
[01:16:38.760 --> 01:16:43.680]  That's good because there are restrictions on litigants that you won't have in Open Records.
[01:16:43.680 --> 01:16:44.680]  Hang on.
[01:16:44.680 --> 01:17:11.680]  We'll be right back.
[01:17:11.680 --> 01:17:19.640]  Let your light so shine before men that they may see your good works and glorify your Father
[01:17:19.640 --> 01:17:21.200]  which is in heaven.
[01:17:21.200 --> 01:17:26.320]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
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[01:19:36.760 --> 01:19:47.520]  Okay, we are back, Randy Kelton, Brett Fountain, Legal 101 Radio and we're talking to Jesse
[01:19:47.520 --> 01:19:48.520]  in California.
[01:19:48.520 --> 01:19:49.520]  Okay.
[01:19:49.520 --> 01:19:50.520]  Go ahead, Jesse.
[01:19:50.520 --> 01:19:51.520]  Laws are winning.
[01:19:51.520 --> 01:20:00.760]  As you said, to ask for everything, ask for things that you don't need but for whatever
[01:20:00.760 --> 01:20:05.000]  when you do a Freedom of Information request, say you throw them off.
[01:20:05.000 --> 01:20:10.000]  Yeah, you always, you never want them to know what you're actually looking for.
[01:20:10.000 --> 01:20:15.960]  Yeah, so I just essentially want to get all information relating to my case when I was
[01:20:15.960 --> 01:20:21.760]  arrested and everything about all the court documents and the final orders and everything
[01:20:21.760 --> 01:20:22.760]  like that.
[01:20:22.760 --> 01:20:30.800]  I was on a basic like 16, 17 hours in jail, had my car towed, they wrecked my life just
[01:20:30.800 --> 01:20:36.720]  because I thought I could tell them how to do their job but they showed me that they
[01:20:36.720 --> 01:20:38.120]  had that for hand.
[01:20:38.120 --> 01:20:41.640]  Yeah, so now it's your turn.
[01:20:41.640 --> 01:20:42.640]  Yeah.
[01:20:42.640 --> 01:20:48.720]  Have you filed professional conduct complaints with post against them?
[01:20:48.720 --> 01:20:51.520]  No, see I need to do all that.
[01:20:51.520 --> 01:20:53.120]  So I was wondering if you could just...
[01:20:53.120 --> 01:20:54.120]  That's the good part.
[01:20:54.120 --> 01:21:00.640]  I just filed 45 against these officers and they never had anything to do with me.
[01:21:00.640 --> 01:21:02.960]  They are not going to be happy campers.
[01:21:02.960 --> 01:21:06.560]  Did it was professional conduct complaint?
[01:21:06.560 --> 01:21:09.160]  Yes.
[01:21:09.160 --> 01:21:11.720]  That's the worst thing you can do.
[01:21:11.720 --> 01:21:15.640]  They feel protected from criminal prosecution.
[01:21:15.640 --> 01:21:24.760]  I was at the courthouse today and the grand jury would have gotten my envelope today if
[01:21:24.760 --> 01:21:28.680]  the prosecutor hasn't opened it.
[01:21:28.680 --> 01:21:40.600]  In there I have a booklet for the grand jury with 45 complaints, first degree felony aggravated
[01:21:40.600 --> 01:21:47.720]  assault complaints against peace officers and I walk them right through the codes.
[01:21:47.720 --> 01:21:57.840]  And I've already sent to the, in Texas it's called TECO, Texas Commission on Law Enforcement.
[01:21:57.840 --> 01:22:02.360]  I sent 45 TECO complaints and merged them all.
[01:22:02.360 --> 01:22:08.760]  It took me, once I had the template down, I just listed out the names and merged them
[01:22:08.760 --> 01:22:11.320]  and printed them and sent them.
[01:22:11.320 --> 01:22:17.160]  So I can send them by the stacks and I plan on getting all of that online.
[01:22:17.160 --> 01:22:24.920]  So first thing to do is start doing the professional conduct complaints and bargain evidences against
[01:22:24.920 --> 01:22:31.000]  the lawyers, the prosecutors and you might do a judicial conduct complaint or two against
[01:22:31.000 --> 01:22:44.000]  the judge and then go back with a declaratory judgment suit to test a element of the offense.
[01:22:44.000 --> 01:22:54.720]  If you were stopped, the one question they never asked that they must ask, are you operating
[01:22:54.720 --> 01:22:59.040]  in commerce?
[01:22:59.040 --> 01:23:03.400]  They never asked that question.
[01:23:03.400 --> 01:23:06.520]  That's an essential element of the crime.
[01:23:06.520 --> 01:23:15.560]  So that may be the declaratory judgment you want to bring.
[01:23:15.560 --> 01:23:27.920]  Use the transportation code for California, apply only to commercial drivers and brief
[01:23:27.920 --> 01:23:30.880]  out how it only applies to commercial drivers.
[01:23:30.880 --> 01:23:31.880]  Steve.
[01:23:31.880 --> 01:23:36.880]  I've been a part of these talks and read the law, I'm pretty sure it only applies to commercial
[01:23:36.880 --> 01:23:37.880]  drivers.
[01:23:37.880 --> 01:23:46.120]  Based on the federal code, the federal transportation code.
[01:23:46.120 --> 01:23:54.120]  Look at it, look at the legislation creating the California Highway Patrol.
[01:23:54.120 --> 01:23:58.960]  It will say in there what they were created for.
[01:23:58.960 --> 01:24:05.520]  Look in local laws for any authority to enforce transportation code.
[01:24:05.520 --> 01:24:11.840]  If any exists for local law enforcement, when you do a petition for declaratory judgment
[01:24:11.840 --> 01:24:20.160]  and you notice the arresting agency as the respondent, they will find it for you.
[01:24:20.160 --> 01:24:27.760]  You will get their brief and then you get to work off their brief.
[01:24:27.760 --> 01:24:30.840]  Once they file their brief, they'll give you all of their arguments, then you can take
[01:24:30.840 --> 01:24:35.680]  their case law and look at it and find opposing case law.
[01:24:35.680 --> 01:24:39.720]  Look at it real careful because these lawyers are lazy.
[01:24:39.720 --> 01:24:42.680]  They always miss quote codes.
[01:24:42.680 --> 01:24:48.120]  If they miss quote codes, even though this is a declaratory judgment suit, you can ask
[01:24:48.120 --> 01:24:49.640]  the court for sanctions.
[01:24:49.640 --> 01:24:55.520]  I had one of them quote me a body of laws that didn't even exist.
[01:24:55.520 --> 01:25:00.040]  Yeah, they just throw stuff in there.
[01:25:00.040 --> 01:25:10.440]  When you read my presentment, the one I have on jurisprudence, every time I cite a case,
[01:25:10.440 --> 01:25:17.520]  I quote the section I'm referring to out of the case right there and it is hyperlinked.
[01:25:17.520 --> 01:25:24.400]  So no lawyer can go into court and challenge my case law that it's not on point because
[01:25:24.400 --> 01:25:30.480]  the judge has got the case law I'm referring to right there in front of it.
[01:25:30.480 --> 01:25:34.600]  Lawyers, they just put a reference to the case and they paraphrase what the case says.
[01:25:34.600 --> 01:25:41.360]  Well, they get it wrong all the time because they're lazy and they used to be unable to
[01:25:41.360 --> 01:25:42.520]  do anything you want to.
[01:25:42.520 --> 01:25:48.680]  They're not used to a pro-say from hell coming back at them and trying to get sanctions on
[01:25:48.680 --> 01:25:51.040]  them for every move they make.
[01:25:51.040 --> 01:25:59.960]  Now, it's not likely the judge will give them sanctions, but that's okay because lawyers
[01:25:59.960 --> 01:26:08.320]  fear sanctions more than anything else because the law, the judge can sanction them at his
[01:26:08.320 --> 01:26:18.120]  caprice just because he wants to and he can sanction them any amount he wants to.
[01:26:18.120 --> 01:26:23.880]  But the judge is part of their community, they all got their snouts in the same trough.
[01:26:23.880 --> 01:26:31.560]  He's not likely to sanction a lawyer unless the lawyer really ticks him off and the things
[01:26:31.560 --> 01:26:36.200]  that annoy judges the most is quoting bad law.
[01:26:36.200 --> 01:26:41.760]  We're just ignorant pro-says, we can screw that up all we want to and the judge just
[01:26:41.760 --> 01:26:49.840]  screw it against us, but if a lawyer gives him bad law, that insults the whole profession,
[01:26:49.840 --> 01:26:52.840]  especially judges.
[01:26:52.840 --> 01:26:58.840]  You're trying to BS me, even if he's on the lawyer's side, he's not going to like that.
[01:26:58.840 --> 01:27:04.440]  That is the lawyer's weak underbelly, that's what they fear more than any other.
[01:27:04.440 --> 01:27:11.240]  So when you get their briefs, read their briefs, hope you can find some mistakes in their briefs.
[01:27:11.240 --> 01:27:15.400]  That gives you a lot of clout to go against them.
[01:27:15.400 --> 01:27:20.760]  You might be able to get the judge P.O.ed enough that it will actually ruin your favor,
[01:27:20.760 --> 01:27:23.800]  but it will give you all of their arguments.
[01:27:23.800 --> 01:27:25.800]  Does that make sense, Jess?
[01:27:25.800 --> 01:27:27.800]  Yeah, it makes sense.
[01:27:27.800 --> 01:27:29.800]  And it's fun.
[01:27:29.800 --> 01:27:37.160]  Now you're the, you know, this is the fight you picked, it's a lot more fun when you picked
[01:27:37.160 --> 01:27:38.160]  it.
[01:27:38.160 --> 01:27:42.760]  I picked it, but it cost me a lot of pain in the front, but I didn't realize I could
[01:27:42.760 --> 01:27:43.760]  have avoided it.
[01:27:43.760 --> 01:27:48.480]  But like you said, it's like, well, you might make up for it.
[01:27:48.480 --> 01:27:53.560]  Oh, you should have been in court today when I was, this lawyer's getting all excited.
[01:27:53.560 --> 01:27:55.640]  I'm jerking him around.
[01:27:55.640 --> 01:28:00.760]  I was having so much fun at his expense.
[01:28:00.760 --> 01:28:06.040]  I won't have you run around this courtroom courthouse coming in here just filing.
[01:28:06.040 --> 01:28:09.360]  You can't file charges just any time you want to.
[01:28:09.360 --> 01:28:13.200]  And I said, yes, I can.
[01:28:13.200 --> 01:28:17.120]  He looks like I hit him with a bat.
[01:28:17.120 --> 01:28:24.040]  He's used to guys be that are charged with crimes and he's muscling them to get a deal
[01:28:24.040 --> 01:28:25.040]  from him.
[01:28:25.040 --> 01:28:31.360]  When he couldn't muscle me, he didn't have any other tools.
[01:28:31.360 --> 01:28:36.320]  That's all he could do until the bailiff had to run him off.
[01:28:36.320 --> 01:28:39.240]  I told him, you know, the bailiff said, what's going on here?
[01:28:39.240 --> 01:28:40.240]  I said, getting out of hand.
[01:28:40.240 --> 01:28:42.240]  I said, no, he's getting real upset.
[01:28:42.240 --> 01:28:46.880]  And then he jumbled something and I said, look, I'm done with you.
[01:28:46.880 --> 01:28:47.880]  You can go.
[01:28:47.880 --> 01:28:50.880]  And I just infuriated him more.
[01:28:50.880 --> 01:28:55.440]  Oh, that is so much fun.
[01:28:55.440 --> 01:29:00.440]  Oh, man, he's arguing with the bailiff.
[01:29:00.440 --> 01:29:03.240]  He says, you guys got to tone this down.
[01:29:03.240 --> 01:29:04.640]  I said, I'm toned down.
[01:29:04.640 --> 01:29:06.080]  I said, tell him to be quiet.
[01:29:06.080 --> 01:29:07.080]  I said, you can go.
[01:29:07.080 --> 01:29:10.240]  I'm done with you.
[01:29:10.240 --> 01:29:20.000]  And I kind of rubbed it in and you'll find when you're the one that's bringing the case
[01:29:20.000 --> 01:29:25.120]  is a whole different animal and you'll make them never want to see you again.
[01:29:25.120 --> 01:29:28.240]  And I mean, if you can get a ruling in your favor.
[01:29:28.240 --> 01:29:36.800]  Oh, he got big trouble and they know they will know that you got big trouble.
[01:29:36.800 --> 01:29:37.960]  You might want to strategize.
[01:29:37.960 --> 01:29:43.560]  You might want to file a subject matter jurisdiction challenge and say, look, guys, if you'll just
[01:29:43.560 --> 01:29:47.760]  reverse this ruling dismissed this case, I'll drop my declaratory judgment.
[01:29:47.760 --> 01:29:53.600]  Okay, hang on, go on our sponsors, Randy Kelton, Brett Fountain, Wheelbar Radio.
[01:29:53.600 --> 01:29:58.400]  We do need to hurry up because we've got three more callers and two more segments.
[01:29:58.400 --> 01:30:03.480]  We'll be right back.
[01:30:03.480 --> 01:30:09.000]  Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps
[01:30:09.000 --> 01:30:10.000]  on growing.
[01:30:10.000 --> 01:30:13.080]  But now researchers say we can add stress to the list.
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[01:30:17.240 --> 01:30:18.960]  Privacy is under attack.
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[01:30:32.800 --> 01:30:35.320]  Privacy, it's worth hanging on to.
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[01:31:09.040 --> 01:31:11.200]  their prefrontal cortex.
[01:31:11.200 --> 01:31:16.360]  That's the part of the brain that helps us weigh conflicting ideas and regulate our emotions.
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[01:33:25.780 --> 01:33:44.700]  Okay, we are back, Randy Kelton, Brett Fountain, Rural Law Radio talking to Jesse in California
[01:33:44.700 --> 01:33:46.940]  and Jesse you screwed up.
[01:33:46.940 --> 01:33:52.020]  You happen to touch on the topic I wanted to talk about and I used up most of the show.
[01:33:52.020 --> 01:33:56.020]  I'm so sorry, Randy, and all the other dollars.
[01:33:56.020 --> 01:33:59.020]  Yeah, you ought to be ashamed of yourself.
[01:33:59.020 --> 01:34:00.020]  Really?
[01:34:00.020 --> 01:34:03.700]  What is the website that you keep telling me about, Juris Prudence?
[01:34:03.700 --> 01:34:04.700]  I don't...
[01:34:04.700 --> 01:34:05.700]  Can't find it.
[01:34:05.700 --> 01:34:06.700]  Juris...
[01:34:06.700 --> 01:34:07.700]  Jurisimprudence.website.
[01:34:07.700 --> 01:34:08.700]  Okay.
[01:34:08.700 --> 01:34:21.020]  That one's been up a long time.
[01:34:21.020 --> 01:34:26.220]  Okay, you'll see it down at the third item down under the criminal complaints.
[01:34:26.220 --> 01:34:33.900]  We were just talking on the break about now I'm going to say the governor rescinded all
[01:34:33.900 --> 01:34:38.020]  of his executive orders the same week that criminal complaint against him went to the
[01:34:38.020 --> 01:34:40.140]  grand jury.
[01:34:40.140 --> 01:34:46.780]  Now I'm going to go to the governor and try to get the governor to take up this issue
[01:34:46.780 --> 01:34:53.260]  because the Chief Justice of the Supreme by refusing to hold an examining trial denied
[01:34:53.260 --> 01:35:01.660]  him and his right under 16.01 Code of Criminal Procedure to file exculpatory evidence in
[01:35:01.660 --> 01:35:02.660]  the case.
[01:35:02.660 --> 01:35:08.100]  So he had to go before the jury with only my complaint because the Chief Justice of
[01:35:08.100 --> 01:35:10.740]  the Supreme denied him in that.
[01:35:10.740 --> 01:35:17.700]  So I want him to pick up this mantle and I'm going to since you're going to tell him is
[01:35:17.700 --> 01:35:23.540]  I played him like a fellow that I really wasn't after you I was using you to get to the Chief
[01:35:23.540 --> 01:35:24.540]  Justice.
[01:35:24.540 --> 01:35:31.060]  So how does it feel to be played, Bubba?
[01:35:31.060 --> 01:35:34.780]  I'm telling you once you start doing this this is so much fun.
[01:35:34.780 --> 01:35:37.940]  Okay, do you have anything else for us?
[01:35:37.940 --> 01:35:38.940]  Nope.
[01:35:38.940 --> 01:35:39.940]  I appreciate it, Randy.
[01:35:39.940 --> 01:35:40.940]  Thank you.
[01:35:40.940 --> 01:35:41.940]  Okay.
[01:35:41.940 --> 01:35:42.940]  Thank you, Jesse.
[01:35:42.940 --> 01:35:45.460]  Now we're going to go to EJ in California.
[01:35:45.460 --> 01:35:47.100]  Hello, EJ.
[01:35:47.100 --> 01:35:49.100]  What do you have for us today?
[01:35:49.100 --> 01:35:50.100]  Hi, good evening.
[01:35:50.100 --> 01:36:00.180]  I think it was maybe two weeks ago when I called in Friday night.
[01:36:00.180 --> 01:36:04.180]  You told us about a website called trafficticket.website.
[01:36:04.180 --> 01:36:08.660]  You had an in-lemonie sample.
[01:36:08.660 --> 01:36:10.140]  In-lemonie?
[01:36:10.140 --> 01:36:12.100]  Emotional-lemonie, yes.
[01:36:12.100 --> 01:36:13.780]  I just wanted to...
[01:36:13.780 --> 01:36:24.020]  That one might not be working at the moment as I've pulled down the backside server and
[01:36:24.020 --> 01:36:29.220]  I'm moving all of the software to a different server.
[01:36:29.220 --> 01:36:31.740]  These guys are charging me $150 a month.
[01:36:31.740 --> 01:36:32.740]  Yeah, that's cool.
[01:36:32.740 --> 01:36:36.220]  It's doing almost no traffic, this is as you are.
[01:36:36.220 --> 01:36:37.220]  Whoa.
[01:36:37.220 --> 01:36:38.220]  That's cool.
[01:36:38.220 --> 01:36:42.980]  I'm moving it to another server, so I'm down at the moment.
[01:36:42.980 --> 01:36:49.380]  But if you will send me an email, I will pull all those documents and zip them and send
[01:36:49.380 --> 01:36:52.380]  them to you.
[01:36:52.380 --> 01:37:05.460]  They are written in Texas law, but the states all adopted, all but three, adopted the American
[01:37:05.460 --> 01:37:09.540]  Bar Association model standards.
[01:37:09.540 --> 01:37:15.020]  The government had the bar put together a model penal code and a model code, and all
[01:37:15.020 --> 01:37:17.220]  the states pretty well accepted it.
[01:37:17.220 --> 01:37:21.020]  So 99% of the laws are the same.
[01:37:21.020 --> 01:37:26.460]  It's just a matter of finding the law that matches.
[01:37:26.460 --> 01:37:28.060]  So look at the documents.
[01:37:28.060 --> 01:37:35.540]  The biggest thing is, it's hard to say subject matter jurisdiction, but California will be
[01:37:35.540 --> 01:37:38.060]  slightly different in subject matter jurisdiction.
[01:37:38.060 --> 01:37:41.060]  Oh, you were looking for motion and lemony.
[01:37:41.060 --> 01:37:43.060]  Oh, yeah.
[01:37:43.060 --> 01:37:45.900]  That would go to interested.
[01:37:45.900 --> 01:37:53.060]  Motion and lemony is a motion forbidding the other side to ask certain questions.
[01:37:53.060 --> 01:37:54.060]  Yeah.
[01:37:54.060 --> 01:38:01.380]  Oh, I have so much fun with that when I'm in court and the judge wants to go play golf
[01:38:01.380 --> 01:38:04.700]  and I'll have him go through this massive motion and lemonade.
[01:38:04.700 --> 01:38:11.180]  He gets to this part that says, I object to any questions or statements about any hypnotic
[01:38:11.180 --> 01:38:13.180]  interviews.
[01:38:13.180 --> 01:38:15.180]  And the judge is already furious.
[01:38:15.180 --> 01:38:17.180]  Mr. Cousin, were you hypnotized?
[01:38:17.180 --> 01:38:18.180]  Well, I don't know, Judge.
[01:38:18.180 --> 01:38:21.060]  You know how they make you forget that kind of stuff?
[01:38:21.060 --> 01:38:29.020]  That's the prosecutor denied, denied, denied.
[01:38:29.020 --> 01:38:35.220]  What he didn't know is my primary study of psychology is not law.
[01:38:35.220 --> 01:38:41.700]  And I use some of the older, original, really sophisticated neuro-linguistic programming
[01:38:41.700 --> 01:38:44.860]  and I essentially do secret hypnosis.
[01:38:44.860 --> 01:38:51.620]  This is originally pioneered by a guy named Milton Erickson, he would bring you in, bring
[01:38:51.620 --> 01:38:52.620]  you out.
[01:38:52.620 --> 01:38:53.620]  You never know you've been there.
[01:38:53.620 --> 01:38:57.540]  But I didn't tell him that part.
[01:38:57.540 --> 01:39:04.860]  When I was messing with this prosecutor earlier today, I was using exactly those techniques
[01:39:04.860 --> 01:39:07.500]  and that made it all the more fun.
[01:39:07.500 --> 01:39:09.500]  Okay, go ahead.
[01:39:09.500 --> 01:39:11.020]  I'm having too much fun here.
[01:39:11.020 --> 01:39:18.420]  Yes, if you will send me an email, Randy at ruleoflawradio.com, and ask me for those
[01:39:18.420 --> 01:39:22.300]  traffic documents, I will send them all to you.
[01:39:22.300 --> 01:39:32.900]  Some of them are generic, Speedy Trial is generic, America, that's not America, Carter.
[01:39:32.900 --> 01:39:41.140]  I have one in there that preserves all our rights, it notices the courts that you do
[01:39:41.140 --> 01:39:45.060]  not waive any right, unless it's waived in court, the council says.
[01:39:45.060 --> 01:39:46.060]  Not a mother-hubbard?
[01:39:46.060 --> 01:39:50.020]  Mother-hubbard, that's what I think, yeah, mother-hubbard, it just, mother-hubbard just
[01:39:50.020 --> 01:39:51.020]  catch all.
[01:39:51.020 --> 01:39:55.060]  And the courts actually call it a mother-hubbard motion.
[01:39:55.060 --> 01:39:58.860]  So you got that one, you want to file that one, they'll always deny it and that looks
[01:39:58.860 --> 01:40:00.860]  good.
[01:40:00.860 --> 01:40:07.060]  You accuse them of denying you and your rights, and when you ask them to approve this motion
[01:40:07.060 --> 01:40:14.700]  where you demanded all your rights, they denied it, so they broadcast their intention to deny
[01:40:14.700 --> 01:40:15.700]  your rights.
[01:40:15.700 --> 01:40:23.860]  Else, I have one that I didn't put in there that's a motion asking for discovery of their
[01:40:23.860 --> 01:40:24.860]  finances.
[01:40:24.860 --> 01:40:28.580]  Oh, that's wonderful, yeah.
[01:40:28.580 --> 01:40:35.780]  And it has every way of laundering money in it I could find, and I'm asking for information
[01:40:35.780 --> 01:40:45.140]  that would go to money laundering, they never answer that one, but you get it on the record.
[01:40:45.140 --> 01:40:50.380]  So just send me an email, I'll send all those to you, and then I'll give you my number,
[01:40:50.380 --> 01:40:55.860]  you can call me if you have questions, and I'll make you a deal.
[01:40:55.860 --> 01:41:02.420]  I'll answer all your questions, if you will send me a copy of what you produce once you've
[01:41:02.420 --> 01:41:05.540]  converted it to California law.
[01:41:05.540 --> 01:41:09.300]  Copy of, produce to California law, okay.
[01:41:09.300 --> 01:41:17.140]  And also, I just wanted to let you know I have a background in film, editing, and graphic
[01:41:17.140 --> 01:41:23.420]  design, so if you need my help, I'd love to help out in some way, and I can see a website
[01:41:23.420 --> 01:41:26.180]  you can help.
[01:41:26.180 --> 01:41:38.460]  I am an engineer, and I was a twin, my twin was a musical prodigy, he could play anything,
[01:41:38.460 --> 01:41:48.700]  he had incredible talent, I have no talent, but he couldn't figure stuff out, we were
[01:41:48.700 --> 01:41:52.060]  like one human being ripped in half.
[01:41:52.060 --> 01:41:54.540]  He got all the talents, I got all the skills.
[01:41:54.540 --> 01:42:06.180]  I put up a website, the pro say from hell.com, go look at it, I looked at that, and I have
[01:42:06.180 --> 01:42:15.660]  no idea how to design that site, so that when somebody reads the name and sees the site,
[01:42:15.660 --> 01:42:20.420]  the two will match, because I have no talent.
[01:42:20.420 --> 01:42:26.220]  For sure, is this a website, pro say from hell?
[01:42:26.220 --> 01:42:32.260]  Yeah, the pro say from hell.com, one of my listeners got that for me, let's always talk
[01:42:32.260 --> 01:42:38.900]  about showing people how to be the pro say from hell, so he got me the site, and I did
[01:42:38.900 --> 01:42:44.140]  a basic setup, but I just don't know how to design.
[01:42:44.140 --> 01:42:51.420]  Yeah, I can offer my services, give you a mock up, see if you like it, pro say from
[01:42:51.420 --> 01:42:58.900]  hell, I'm on the site, but it's not reachable, with the DNS address not found, so yeah,
[01:42:58.900 --> 01:42:59.900]  I can help.
[01:42:59.900 --> 01:43:06.260]  Let me make sure I got that right, let's see, let me put it in, I'm not sure if it's pro
[01:43:06.260 --> 01:43:09.740]  say from hell or the pro say from hell.
[01:43:09.740 --> 01:43:24.140]  Okay, let me try the pro say, because I just looked at it today, oh wait, am I not a pro
[01:43:24.140 --> 01:43:25.140]  say?
[01:43:25.140 --> 01:43:28.260]  Is that on your host that you're taking down?
[01:43:28.260 --> 01:43:35.500]  No, but I might not have pushed that to the server, and I looked it for it on Chrome,
[01:43:35.500 --> 01:43:45.660]  but sometimes Chrome seems to have a problem, let me look for it on Firefox, pro say from
[01:43:45.660 --> 01:43:46.660]  hell.
[01:43:46.660 --> 01:43:51.980]  You know, you were talking about emotions that get denied, and I'll tell you, one time
[01:43:51.980 --> 01:44:00.340]  I put in a motion for a fair trial, and he denied it.
[01:44:00.340 --> 01:44:05.620]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[01:44:41.140 --> 01:44:46.780]  For more information, please visit ruleoflawradio.com and click on the blue Michael Meyers banner,
[01:44:46.780 --> 01:44:49.540]  or email MichaelMeyers at yahoo.com.
[01:44:49.540 --> 01:44:57.380]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[01:44:57.380 --> 01:45:04.540]  To learn how to stop debt collectors next, are you the plaintiff or defendant in a lawsuit?
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[01:45:40.180 --> 01:45:43.660]  and practices that control our American courts.
[01:45:43.660 --> 01:45:49.820]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[01:45:49.820 --> 01:45:56.660]  prosay tactics, and much more. Please visit ruleoflawradio.com and click on the banner.
[01:45:56.660 --> 01:46:23.140]  Or call toll-free 866-LAW-E-Z.
[01:46:23.140 --> 01:46:30.140]  Thank you for watching!
[01:46:53.140 --> 01:46:57.140]  They know that if they don't do it, somebody will.
[01:46:57.140 --> 01:47:01.140]  The man in this world will never understand.
[01:47:01.140 --> 01:47:05.140]  Somebody, I realize fully.
[01:47:05.140 --> 01:47:09.140]  Somebody, I realize fully.
[01:47:09.140 --> 01:47:11.140]  OK, we are back.
[01:47:11.140 --> 01:47:13.140]  Randy Kelton, Brett Fountain, Rula Radio.
[01:47:13.140 --> 01:47:17.140]  And on the break I was trying to push my site up to the server
[01:47:17.140 --> 01:47:19.140]  and I've got it all messed up.
[01:47:19.140 --> 01:47:22.140]  It's a little complex how I'm building these things.
[01:47:22.140 --> 01:47:25.140]  I will have it in the morning.
[01:47:25.140 --> 01:47:29.140]  OK, let me...
[01:47:29.140 --> 01:47:34.140]  OK, I have E.J. in my database.
[01:47:34.140 --> 01:47:37.140]  You said your name's Mary?
[01:47:37.140 --> 01:47:40.140]  Oh, no, E.J.
[01:47:40.140 --> 01:47:42.140]  Oh, OK, E.J. is correct. Good.
[01:47:42.140 --> 01:47:45.140]  Send me an email, randyatlubelradio.com
[01:47:45.140 --> 01:47:48.140]  and I will make sure that site is open working.
[01:47:48.140 --> 01:47:54.140]  And we can trade some work.
[01:47:54.140 --> 01:47:58.140]  OK, sounds good. Yeah, love to help.
[01:47:58.140 --> 01:48:00.140]  OK, thank you very much. OK.
[01:48:00.140 --> 01:48:01.140]  Thank you.
[01:48:01.140 --> 01:48:07.140]  Now we're going to go to Brett in Alabama. Hello, Brett.
[01:48:07.140 --> 01:48:09.140]  Hey, Randy, how are you doing?
[01:48:09.140 --> 01:48:13.140]  I'm doing good. What do you have for us today?
[01:48:13.140 --> 01:48:18.140]  Well, Randy, I got a bit of a mess, but I got a few quick questions
[01:48:18.140 --> 01:48:21.140]  I'd like to see if you've got an answer for me.
[01:48:21.140 --> 01:48:25.140]  I was actually stopped for light violation,
[01:48:25.140 --> 01:48:27.140]  which I really wasn't in violation of.
[01:48:27.140 --> 01:48:31.140]  He quoted me auxiliary driving lamps, which is like fog lights.
[01:48:31.140 --> 01:48:37.140]  And I actually had daytime running lights, like LED light strips.
[01:48:37.140 --> 01:48:42.140]  But anyways, I went to a trial over this
[01:48:42.140 --> 01:48:45.140]  and they didn't have no recording and no stenographer,
[01:48:45.140 --> 01:48:49.140]  nothing of the trial. Does that seem right?
[01:48:49.140 --> 01:48:52.140]  Class C misdemeanor?
[01:48:52.140 --> 01:48:55.140]  I think it was a class M misdemeanor.
[01:48:55.140 --> 01:48:57.140]  He ended up charging me. He made up charges.
[01:48:57.140 --> 01:49:01.140]  He's charged me for obstructing government operations,
[01:49:01.140 --> 01:49:06.140]  resisting arrest, LED light violation and no driver's license.
[01:49:06.140 --> 01:49:09.140]  Oh, man.
[01:49:09.140 --> 01:49:14.140]  Okay. No recording is a big deal then.
[01:49:14.140 --> 01:49:19.140]  If it was a justice court or a municipal court,
[01:49:19.140 --> 01:49:25.140]  generally they are not courts of record because they're considered inferior courts.
[01:49:25.140 --> 01:49:31.140]  Inferior in that they can be presided over by a nonlawyer.
[01:49:31.140 --> 01:49:37.140]  And in those, they are generally not considered courts of record.
[01:49:37.140 --> 01:49:41.140]  Now, I'm not familiar with all the other states, but in Texas,
[01:49:41.140 --> 01:49:45.140]  you can have your court declared a court of record,
[01:49:45.140 --> 01:49:48.140]  but then the judge has to be a lawyer.
[01:49:48.140 --> 01:49:56.140]  But above JP or Class C misdemeanor, they are all courts of record.
[01:49:56.140 --> 01:50:03.140]  So file criminally against the judge if there was no record being taken.
[01:50:03.140 --> 01:50:06.140]  Okay. There was no record at all.
[01:50:06.140 --> 01:50:11.140]  And he actually, he found me guilty of all the charges
[01:50:11.140 --> 01:50:15.140]  and he let the state police that I had the charges charge me.
[01:50:15.140 --> 01:50:18.140]  I had him understand and I represented myself.
[01:50:18.140 --> 01:50:22.140]  I cross-examined the state police understand and they found me guilty.
[01:50:22.140 --> 01:50:24.140]  They had a plan to find me guilty anyways,
[01:50:24.140 --> 01:50:27.140]  but they actually let the state police get off the stand.
[01:50:27.140 --> 01:50:33.140]  They just cross-examined, come over and put handcuffs on me in the court.
[01:50:33.140 --> 01:50:35.140]  Right there in the courtroom.
[01:50:35.140 --> 01:50:40.140]  When they find you guilty, how much was the prison term?
[01:50:40.140 --> 01:50:46.140]  Well, he sentenced me to 12 months in jail for the interfering with government operations
[01:50:46.140 --> 01:50:50.140]  and six months in jail for the resisting arrest.
[01:50:50.140 --> 01:50:52.140]  And they took me right from there straight to jail.
[01:50:52.140 --> 01:50:54.140]  I'm not right now in an appeal bond.
[01:50:54.140 --> 01:50:59.140]  I have a jury trial coming up on June 2nd.
[01:50:59.140 --> 01:51:06.140]  And my attorney says even though the officer didn't have no probable cause or no legal reason to stop me,
[01:51:06.140 --> 01:51:10.140]  he thought he did have a legal reason to stop me.
[01:51:10.140 --> 01:51:16.140]  So he's saying that they're going to find me guilty just because I was supposed to produce identification
[01:51:16.140 --> 01:51:22.140]  because he assumed he stopped me for a legal reason.
[01:51:22.140 --> 01:51:26.140]  Yeah, I read Case Law on that.
[01:51:26.140 --> 01:51:35.140]  That's iffy and that would take some serious briefing.
[01:51:35.140 --> 01:51:43.140]  We're too late in the process to do a lot of stuff I would like to do if I've already found you guilty.
[01:51:43.140 --> 01:51:45.140]  We're not going to have time today.
[01:51:45.140 --> 01:51:48.140]  Could you call back in tomorrow?
[01:51:48.140 --> 01:51:50.140]  I would challenge that ruling of the judge.
[01:51:50.140 --> 01:51:58.140]  Look for the findings of fact, conclusions of law, ask him to reconsider, put in your own findings of fact, conclusions of law.
[01:51:58.140 --> 01:52:00.140]  Say, look, there was no evidence.
[01:52:00.140 --> 01:52:02.140]  The attorney is given hearsay.
[01:52:02.140 --> 01:52:05.140]  The cop says this, but he had no evidence.
[01:52:05.140 --> 01:52:10.140]  Wait, Brett, he's already before the appellate court.
[01:52:10.140 --> 01:52:17.140]  So this all needs to go to the reasons for appeal and ask the appellate court to overturn.
[01:52:17.140 --> 01:52:21.140]  But we don't have time to address this today.
[01:52:21.140 --> 01:52:23.140]  Can you call back tomorrow?
[01:52:23.140 --> 01:52:26.140]  We have a four-hour show there.
[01:52:26.140 --> 01:52:29.140]  And the same hour, 8 o'clock you start?
[01:52:29.140 --> 01:52:31.140]  Yes.
[01:52:31.140 --> 01:52:33.140]  Sure, I will call back.
[01:52:33.140 --> 01:52:39.140]  And the judge actually found me guilty of the auxiliary driving light part because with his own personal opinion,
[01:52:39.140 --> 01:52:45.140]  he said, I believe that your auxiliary driving lights would fall under auxiliary driving lamps.
[01:52:45.140 --> 01:52:48.140]  He said, and a lamp is a lamp, just like a lamp in your house.
[01:52:48.140 --> 01:52:50.140]  He said, a lamp does not project a beam.
[01:52:50.140 --> 01:52:53.140]  Because I said, my lights don't even project a beam.
[01:52:53.140 --> 01:52:56.140]  All auxiliary driving lamps complement your headlights.
[01:52:56.140 --> 01:52:59.140]  And he said, well, my opinion is you're in violation.
[01:52:59.140 --> 01:53:03.140]  So he convicted me and sent me to jail.
[01:53:03.140 --> 01:53:06.140]  I never want to get to the merits.
[01:53:06.140 --> 01:53:08.140]  I want to take them apart on jurisdiction.
[01:53:08.140 --> 01:53:11.140]  We'll talk about that tomorrow.
[01:53:11.140 --> 01:53:14.140]  Okay, Randy, I don't want to hold you up any longer then.
[01:53:14.140 --> 01:53:18.140]  Okay, we'll call you tomorrow. We can do this in more detail.
[01:53:18.140 --> 01:53:21.140]  Okay, all right. I will definitely do it, Randy.
[01:53:21.140 --> 01:53:23.140]  Okay, thank you.
[01:53:23.140 --> 01:53:27.140]  Okay, now we're going to Scott in Michigan.
[01:53:27.140 --> 01:53:30.140]  Hello, Scott, what do you have for us today?
[01:53:30.140 --> 01:53:32.140]  Hey, how are you?
[01:53:32.140 --> 01:53:34.140]  I am good.
[01:53:34.140 --> 01:53:43.140]  Good. What do you call the doctrine where public officials have to tell the truth?
[01:53:43.140 --> 01:53:52.140]  The doctrine, good faith, and good faith in fair dealing.
[01:53:52.140 --> 01:53:55.140]  I want to say aggravated perjury.
[01:53:55.140 --> 01:53:58.140]  Good faith in fair dealing, I guess, probably?
[01:53:58.140 --> 01:54:06.140]  Yes. If they're not in court under oath, then it goes to good faith in fair dealing.
[01:54:06.140 --> 01:54:08.140]  Got it.
[01:54:08.140 --> 01:54:12.140]  And good faith in fair dealing goes to due process.
[01:54:12.140 --> 01:54:19.140]  Well, we've got a nice list for, you know, vagueness, sufficiency, jurisdiction.
[01:54:19.140 --> 01:54:23.140]  And the next one I'm starting to look into is willfulness.
[01:54:23.140 --> 01:54:29.140]  Is that an element that they have to prove in a criminal case?
[01:54:29.140 --> 01:54:31.140]  That was a little vague.
[01:54:31.140 --> 01:54:33.140]  Yes, there are elements.
[01:54:33.140 --> 01:54:41.140]  The primary element is mengerous criminal intent.
[01:54:41.140 --> 01:54:47.140]  Okay, because there's a case called the United States versus Bishop in 1973,
[01:54:47.140 --> 01:54:53.140]  which gives a very in-depth definition of willfulness as an evil motive or duty
[01:54:53.140 --> 01:54:56.140]  to avoid the law with an evil intent.
[01:54:56.140 --> 01:55:03.140]  And, you know, they call it knowing, which I feel like could cover a lot of the distance
[01:55:03.140 --> 01:55:08.140]  that's lost by the idea that you can't claim the ignorance of the law.
[01:55:08.140 --> 01:55:13.140]  But I think there's... You can claim mistake of law.
[01:55:13.140 --> 01:55:15.140]  Okay.
[01:55:15.140 --> 01:55:18.140]  And this is what Martichet was taking on.
[01:55:18.140 --> 01:55:25.140]  If two people can read this law and come to different conclusions about what is illegal
[01:55:25.140 --> 01:55:29.140]  and what is not, then the statutes void for vagueness.
[01:55:29.140 --> 01:55:36.140]  And if you can make an argument that the statutes void for vagueness because you looked at the law
[01:55:36.140 --> 01:55:40.140]  and came to a conclusion, as a reasonable person of ordinary prudence,
[01:55:40.140 --> 01:55:46.140]  that what we were doing was not against the law, then that's a viable argument.
[01:55:46.140 --> 01:55:50.140]  Okay, now with statutes, though, even if they're criminals,
[01:55:50.140 --> 01:55:57.140]  is the idea that statutes only apply to state employees and that local ordinances only apply to local employees?
[01:55:57.140 --> 01:56:03.140]  No, statutes apply to everyone.
[01:56:03.140 --> 01:56:08.140]  Because they were issued under the constitutional authority of the legislature.
[01:56:08.140 --> 01:56:14.140]  Municipal ordinances were issued by a municipality.
[01:56:14.140 --> 01:56:23.140]  There is no constitutional authority to delegate lawmaking powers to a municipality.
[01:56:23.140 --> 01:56:28.140]  Only the legislature can enforce, can pass law.
[01:56:28.140 --> 01:56:38.140]  Now, the legislature could have passed into substantive law municipal ordinances, but they didn't.
[01:56:38.140 --> 01:56:51.140]  And since they didn't, they can only apply to someone who is within contractual privity with the municipality.
[01:56:51.140 --> 01:57:04.140]  Someone who works for the municipality or is contracted to the municipality and has agreed to abide by these corporate rules.
[01:57:04.140 --> 01:57:09.140]  So the things that statutes have going for them as they were expressly adopted by the legislature?
[01:57:09.140 --> 01:57:12.140]  Exactly.
[01:57:12.140 --> 01:57:13.140]  Okay.
[01:57:13.140 --> 01:57:16.140]  And that's the problem with municipalities.
[01:57:16.140 --> 01:57:20.140]  The legislature was not given power.
[01:57:20.140 --> 01:57:28.140]  Municipalities or counties, and that's why they call them ordinances and not laws.
[01:57:28.140 --> 01:57:36.140]  They can't call them laws because they can't write law, but they try to treat them like law.
[01:57:36.140 --> 01:57:38.140]  Well, one last thing.
[01:57:38.140 --> 01:57:43.140]  Here they have a practice where they have an arraignment attorney on duty at the courthouse to show up for arraignment.
[01:57:43.140 --> 01:57:48.140]  And this guy says, I volunteer to be your lawyer for the limited difference of arraignment.
[01:57:48.140 --> 01:57:55.140]  Do you think it would be too much to run the routine on that guy right out of the gate and say, you really didn't get a dismissal or I'm going to bar grade you?
[01:57:55.140 --> 01:57:57.140]  Yeah.
[01:57:57.140 --> 01:58:00.140]  Would that give a game?
[01:58:00.140 --> 01:58:03.140]  Well, actually, you can bar grade him.
[01:58:03.140 --> 01:58:05.140]  He's not going to get a dismissal.
[01:58:05.140 --> 01:58:11.140]  After he doesn't, then you get to bar grade him and sue him for malpractice.
[01:58:11.140 --> 01:58:22.140]  And then petition the court to file an appeal for lack of competent counsel.
[01:58:22.140 --> 01:58:26.140]  Yeah, why is it not?
[01:58:26.140 --> 01:58:29.140]  Okay, we are out of time.
[01:58:29.140 --> 01:58:34.140]  If you have more callback tomorrow, Scott, this is fun.
[01:58:34.140 --> 01:58:38.140]  Randy Kelton, Brett Fountain, rule of our radio candy.
[01:58:38.140 --> 01:58:42.140]  Hey, will you call back tomorrow night? I'm sorry we didn't get to you.
[01:58:42.140 --> 01:58:47.140]  But we'll bring you up early tomorrow night if you'll call in.
[01:58:47.140 --> 01:59:16.140]  Thank you for listening and good night.
[01:59:17.140 --> 01:59:20.140]  Visit us online at bfa.org.
[01:59:47.140 --> 02:00:00.140]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.