ROL_2021-05-28_16k_Hr1-2.timecode

[00:00.000 --> 00:06.480]  The following news flash is brought to you by The Lone Star Lowdown.
[00:06.480 --> 00:12.840]  Markets for Monday the 22nd of July 2019 open with precious metals, gold at $1,429 an ounce,
[00:12.840 --> 00:21.120]  silver $16.45 an ounce, copper $2.75 an ounce, oil Texas crude $55.63 a barrel, Brent crude
[00:21.120 --> 00:29.480]  $62.47 a barrel, and crypto is in order of market cap, Bitcoin Core $10,566.52, Ethereum
[00:29.480 --> 00:41.120]  $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:41.120 --> 00:52.240]  Today in history the year 1916 the preparedness day bombing a time suitcase bomb was detonated on
[00:52.240 --> 00:58.000]  Market Street in San Francisco during the World War I preparedness day parade killing 10 and
[00:58.000 --> 01:07.120]  entering 40 today in history and recent news since Governor Greg Abbott signed House bill
[01:07.120 --> 01:12.840]  1325 legalizing Hemp into taxes law back in June County prosecutors around the state including
[01:12.840 --> 01:17.560]  Houston, Austin, San Antonio have been dropping marijuana possession charges and even refusing
[01:17.560 --> 01:22.000]  to file new ones since they are stipulating that they do not have the time or the laboratory
[01:22.000 --> 01:26.880]  equipment to test the earth for THC Margaret Moore the Travis County District Attorney
[01:26.880 --> 01:30.920]  announced earlier this month that she was dismissing 32 felony possession and delivery
[01:30.920 --> 01:35.600]  of marijuana cases because of the law Mr. Abbott and other state officials including
[01:35.600 --> 01:39.600]  the Attorney General stipulated in a letter to County District attorneys back on Thursday
[01:39.600 --> 01:44.200]  that marijuana has not been decriminalized in Texas and that these actions demonstrate
[01:44.200 --> 01:50.120]  a misunderstanding of how HB 1325 works as well as other cities too like the District
[01:50.120 --> 01:56.360]  Attorney in El Paso, Kyma Esparza a Democrat who also stated earlier this month that the
[01:56.360 --> 02:02.240]  law quote will not have an effect on the prosecution of marijuana cases in El Paso however the
[02:02.240 --> 02:06.920]  issue was succinctly summarized by Mr. Brandon Ball an assistant public defender in Harris
[02:06.920 --> 02:11.720]  County who stated that quote the law is constantly changing on what makes something illegal based
[02:11.720 --> 02:16.240]  on its chemical makeup it's important that if someone is charged with something the test
[02:16.240 --> 02:24.920]  matches with their charged with a paper by Tulane University identified a five and a
[02:24.920 --> 02:30.360]  half inch American pocket shark as the first of its kind in the Gulf of Mexico the specimen
[02:30.360 --> 02:35.800]  being only the second pocket shark ever captured or recorded with the other one being found
[02:35.800 --> 02:40.840]  way back in 1979 in the East Pacific Ocean according to the university paper the shark
[02:40.840 --> 02:47.280]  secretes a luminous fluid from a gland near its front fins for the purposes hypothesized
[02:47.280 --> 02:55.360]  to lure and pray who may be drawn into the glow this is work rodeo the lowdown for July
[02:55.360 --> 03:18.160]  22nd 2019
[03:18.160 --> 03:37.840]  the
[03:37.840 --> 03:43.640]  When you work and you have bad dreams, you go to school and learn to go and then lose.
[03:43.640 --> 03:50.640]  So why are you acting like a fluffy fool if you get and you must get to bad boys, bad boys.
[03:50.640 --> 03:53.640]  What you gonna do, or what you gonna do when you come?
[03:53.640 --> 03:57.640]  Okay, howdy, howdy, Randy Kelton, Brett Fountain.
[03:57.640 --> 04:03.640]  We're on the radio on this, the what day, Brett, did you say it was?
[04:03.640 --> 04:06.640]  We're up to the 28th of May.
[04:06.640 --> 04:11.640]  2021, we're almost halfway through the year already.
[04:11.640 --> 04:18.640]  My mom warned me that it's gonna keep going faster.
[04:18.640 --> 04:28.640]  I have been working on my lawsuit and I've been practicing a discipline.
[04:28.640 --> 04:38.640]  If you were listening Thursday night as a week ago, we didn't have the phone, the phone bridges weren't working.
[04:38.640 --> 04:42.640]  And speaking of the phone bridges, I'll go ahead and turn them on.
[04:42.640 --> 04:49.640]  And so I did a presentation on how to write legal documents.
[04:49.640 --> 05:05.640]  And it's over the years I've designed this methodology for writing large complex legal documents like that 150 page document I have filed against the governor.
[05:05.640 --> 05:22.640]  And if you look on jurisimprudence.website you'll find a 119 page, some of you made a jurisdiction challenge, a habeas corpus document I wrote for a kid in Conroe.
[05:22.640 --> 05:35.640]  These are really large documents and when you're addressing a lot of issues, things get very complicated and you wind up arguing the same issues over and over and back and forth.
[05:35.640 --> 05:42.640]  And if you're not careful, you'll argue the same issue from a couple of different perspectives.
[05:42.640 --> 05:48.640]  And I saw a number of lawsuits where the case was thrown out because the lawyer did that.
[05:48.640 --> 06:10.640]  So I worked out over the years this methodology and I've been using being scrupulous in using precisely the methodology because when you start writing these things, you kind of get in the groove and you forget your technology and then you wind up making a mess.
[06:10.640 --> 06:23.640]  I'm up to 90 pages. I still have three causes of actions to finish. I'll be somewhat over 100 pages what I'm done.
[06:23.640 --> 06:27.640]  But I'm really pleased with it.
[06:27.640 --> 06:44.640]  When I get it finished, I will put it on the jurisimprudence website so anybody who wants to look at it can peruse it. It is larger than it would normally be because of the way I create these documents.
[06:44.640 --> 06:56.640]  Anybody who's read large complex legal pleadings, if you're doing legal research and you read these lawyer's pleadings, they've got page after page after page.
[06:56.640 --> 07:04.640]  It's just dialogue. Every once in a while, every half a page or so, they'll throw in a paragraph.
[07:04.640 --> 07:16.640]  But it's mostly just line after line after line after line after line after line and they quote parts of cases and they quote the case in line.
[07:16.640 --> 07:30.640]  So it becomes really difficult to determine when you're reading the argument of the lawyer and when you're reading a quotation from case law.
[07:30.640 --> 07:32.640]  It gets really confusing.
[07:32.640 --> 07:42.640]  Sometimes I think they do that on purpose so that what the lawyer has to say can be treated as with the weight of law.
[07:42.640 --> 07:48.640]  They have to do that. Sometimes when you read that, it seems like that's what they're trying to make you blur that line.
[07:48.640 --> 08:06.640]  And I have no doubt. There are places where they've done that that when I get those documents, the new Microsoft Word, this Word 365, it will allow you to take a PDF document and import it into Word.
[08:06.640 --> 08:16.640]  And I go down through that document and every time the speaker shifts gears, I put in a carriage return so I add a paragraph.
[08:16.640 --> 08:26.640]  I break it into lots of small paragraphs. And then if it's a really big document, then I go in and put headings, what this paragraph is about and what this one's about.
[08:26.640 --> 08:34.640]  That way you can, if I'm looking for something in the document, I can scan down the headings and find it very quickly.
[08:34.640 --> 08:40.640]  And that's what got me to start writing documents that way.
[08:40.640 --> 08:50.640]  Every time I go to a new paragraph, I put a heading on it. And that heading reminds me to stay focused.
[08:50.640 --> 08:56.640]  Don't drift off on every little thing that comes to mind and wind up running all over the place.
[08:56.640 --> 09:02.640]  And the reader has no idea what the heck you're talking about. They get completely lost.
[09:02.640 --> 09:11.640]  With lots of headings, you clarify the document, but you also make it a lot bigger.
[09:11.640 --> 09:22.640]  So while this is going to be 100 pages, it's probably only 35 or 40 pages of actual content.
[09:22.640 --> 09:40.640]  The rest of it is white space. You do a blank line before and after each of your headings, so it breaks up the document so that the reader doesn't get bogged down into line after line of prose.
[09:40.640 --> 09:56.640]  So as soon as I get it done, I'm real pleased with it. I'm writing it from the perspective of, I'm going to make this available to everybody and want other people to be able to create documents like this.
[09:56.640 --> 10:07.640]  So that changed the way I wrote the documents. It helped me to virtually eliminate legalese.
[10:07.640 --> 10:18.640]  And when I listened to the people telling you how to write legal documents, my favorite one was a video by two Supreme Court clerks.
[10:18.640 --> 10:31.640]  Now these are lawyers that the Supreme Court gets the case and they give it to the clerks for the clerks to analyze and to write what the judges want written.
[10:31.640 --> 10:42.640]  So, but first they analyze the cases for them and they put out this CD for lawyers who are writing search to the Supreme.
[10:42.640 --> 10:55.640]  First thing they said, do not use legalese. Nobody is impressed.
[10:55.640 --> 11:05.640]  Write for an eighth grader. Yes, the judges are the best of the best and they're very knowledgeable and very sophisticated.
[11:05.640 --> 11:14.640]  They're also very busy. They don't have time to struggle through poorly written prose.
[11:14.640 --> 11:23.640]  So I took that to heart and I write everything I do for a grand jury of my peers.
[11:23.640 --> 11:30.640]  I write everything for someone with no legal background or knowledge.
[11:30.640 --> 11:47.640]  That means you have to explain everything and if you read many court cases, you will find lawyers constantly getting hammered because they assumed that the judge knew things.
[11:47.640 --> 11:58.640]  So they didn't put it in their pleadings. Then lawyers go over this stuff constantly, same stuff over and over and they don't pay much attention to the minor details.
[11:58.640 --> 12:14.640]  But when the appellate court judge reads it, they read it from the perspective of, it is the duty of the judge to determine the facts and apply the law as it comes to them to the facts,
[12:14.640 --> 12:21.640]  to determine the facts in accordance with the rules of evidence, then apply the law as it comes to them to the facts in the case.
[12:21.640 --> 12:31.640]  If you left out a fact, you're screwed. The judge is likely to know precisely what that fact should have been.
[12:31.640 --> 12:37.640]  But if it's not in there, it's not before him.
[12:37.640 --> 12:47.640]  And he can't give you your ruling. So sometimes you'll hear me apologizing for sounding pedantic.
[12:47.640 --> 12:55.640]  And that's because I'm boring down into details that most everybody listening already knows.
[12:55.640 --> 13:02.640]  That is a mental discipline. I don't do that in just idle conversation.
[13:02.640 --> 13:09.640]  But when I'm speaking in terms of law, you got to put everything in there.
[13:09.640 --> 13:20.640]  Write your pleading, trying to anticipate any question that might come to the mind of your reader.
[13:20.640 --> 13:28.640]  If you left something out, and even if the reader is a sophisticated reader,
[13:28.640 --> 13:33.640]  and the judge is in this case while they are sophisticated in the law,
[13:33.640 --> 13:40.640]  they are sophisticated enough to know that if it's not in there, I can't rule on it.
[13:40.640 --> 13:50.640]  So they check to make sure every pertinent fact and every pertinent piece of law is included.
[13:50.640 --> 13:53.640]  Nothing is assumed.
[13:53.640 --> 13:56.640]  Otherwise it's not before the court.
[13:56.640 --> 14:06.640]  Exactly. And I would be very quick to tell the judge that your only job here is to determine the facts
[14:06.640 --> 14:10.640]  in accordance with the rules of evidence and apply the laws that come to you to the facts in case.
[14:10.640 --> 14:14.640]  If you've got something else going on, you need to go home.
[14:14.640 --> 14:18.640]  Do that stuff to your wife and kids. Don't bring it here in the courtroom.
[14:18.640 --> 14:24.640]  I tend to do that when judges get testy and have themselves an attitude.
[14:24.640 --> 14:28.640]  Lawyers can't do that, but we're pro-says.
[14:28.640 --> 14:32.640]  We don't go into court dangling by our bar card.
[14:32.640 --> 14:36.640]  So anyway, I'm working on the suit.
[14:36.640 --> 14:43.640]  I'm hoping to have it finished by Monday, and it should get really interesting.
[14:43.640 --> 14:49.640]  And I would like as many people as I can to read it and rip it to shreds.
[14:49.640 --> 14:52.640]  I'm going to ask Brett to read it and rip it to shreds.
[14:52.640 --> 14:56.640]  But he's too knowledgeable.
[14:56.640 --> 15:00.640]  He'll miss some of the simple stuff.
[15:00.640 --> 15:03.640]  Stuff that he already just knows.
[15:03.640 --> 15:05.640]  So the question never occurs at his mind.
[15:05.640 --> 15:12.640]  Any people who are not knowledgeable in law to read it and just tear it to shreds, let me know.
[15:12.640 --> 15:21.640]  Every time I say something or fail to say something, that causes a question in your mind.
[15:21.640 --> 15:25.640]  If I've done that, and I did not do that on purpose,
[15:25.640 --> 15:32.640]  sometimes I'll try to create a question in the mind so that in the next sentence or two, I can answer that question.
[15:32.640 --> 15:34.640]  That's a technique.
[15:34.640 --> 15:40.640]  If you do that, it would be great.
[15:40.640 --> 15:43.640]  You know, they look at this and say, what the heck is she talking about?
[15:43.640 --> 15:51.640]  That's something a lot of these things you and I both would miss, because you'll say, oh, that's easy.
[15:51.640 --> 15:55.640]  But the layperson, they won't get that.
[15:55.640 --> 15:59.640]  And the judge, he'll get that, and he'll get that you left it out.
[15:59.640 --> 16:03.640]  So yeah, I would absolutely like your family to read it.
[16:03.640 --> 16:05.640]  And just tear me to shreds.
[16:05.640 --> 16:08.640]  Do not spare me at all.
[16:08.640 --> 16:14.640]  This document is written for a purpose, not written to make me feel better.
[16:14.640 --> 16:17.640]  I really appreciate it, people.
[16:17.640 --> 16:19.640]  I'm not so concerned about spelling and grammar.
[16:19.640 --> 16:25.640]  I got mechanical tools to take care of that, and I'll run spelling and grammar checks on it.
[16:25.640 --> 16:34.640]  I'm more interested in when the reader notices the writer as opposed to the content.
[16:34.640 --> 16:38.640]  We've all read books where you just fall into the content.
[16:38.640 --> 16:41.640]  Two hours later, you wake up.
[16:41.640 --> 16:46.640]  I want to be able to produce documents like that.
[16:46.640 --> 16:50.640]  And any time you notice the writer, let me know.
[16:50.640 --> 16:53.640]  Randy Kelton, Brett Fountain, Wheel of Law Radio, come back.
[16:53.640 --> 16:55.640]  We'll go to our callers.
[16:55.640 --> 16:57.640]  The call board is full, so I won't give out the caller number.
[16:57.640 --> 16:59.640]  We'll be right back.
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[17:49.640 --> 17:56.640]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
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[19:23.640 --> 19:37.640]  Music
[19:37.640 --> 19:43.640]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio, and we're going to our callers.
[19:43.640 --> 19:50.640]  We're going to go to Jeff in South Carolina. Hello, Jeff. What do you have for us today?
[19:50.640 --> 19:54.640]  Good evening, Brett and Randy. How are you doing?
[19:54.640 --> 19:58.640]  Doing pretty good for an old fat guy.
[19:58.640 --> 20:00.640]  Glad to hear that.
[20:00.640 --> 20:06.640]  But I'm self-medicating, and Brett's kind of taking care of me.
[20:06.640 --> 20:10.640]  Is Randy's beer fun up and running then again?
[20:10.640 --> 20:19.640]  I don't know. All the money from the beer fun goes to the radio station. I had to quit drinking beer.
[20:19.640 --> 20:23.640]  But I had to get some medicine for parasites.
[20:23.640 --> 20:30.640]  And Abyssin was the only commercial product I could find with warmwood in it.
[20:30.640 --> 20:38.640]  Hey, is it my fault? Is it 110 proof? It's medicine. It's medicine. Okay.
[20:38.640 --> 20:42.640]  Okay, well, I'm glad to hear you guys are still on the Internet.
[20:42.640 --> 20:49.640]  I'm happy that the podcast got partially updated recently. It gave me some hours.
[20:49.640 --> 20:53.640]  I'm not through them the whole way yet, but it gave me some hours of listening.
[20:53.640 --> 21:01.640]  One thing I wanted to bring up there that's a distinctive disadvantage, I guess I just wanted to know it be equal.
[21:01.640 --> 21:08.640]  Every once in a while, I hear you make a request, like, this or that's up, and I like this website's functioning.
[21:08.640 --> 21:15.640]  I'm not able to try it out. I'm still listening to this January podcast.
[21:15.640 --> 21:24.640]  So I just want to understand there could be a four or five month delay before we are aware of that request and respond.
[21:24.640 --> 21:29.640]  So I hope that's not a point of disappointment for you there.
[21:29.640 --> 21:36.640]  No, these kinds of comments are always good for me.
[21:36.640 --> 21:42.640]  Because people call in and raise issues that I would have never considered.
[21:42.640 --> 21:47.640]  So absolutely, even if it's been a few months, let me know.
[21:47.640 --> 21:54.640]  Because I'm constantly building and reworking these websites. If I have weaknesses in them, I need to know.
[21:54.640 --> 21:56.640]  Okay, you bet.
[21:56.640 --> 22:02.640]  I know I have weaknesses. I have so many websites. I've been so much information.
[22:02.640 --> 22:10.640]  And I get about 100 emails a day. I've got five or six projects going on all at once.
[22:10.640 --> 22:17.640]  Today, I just got a folder about three inches thick for a friend of mine's case.
[22:17.640 --> 22:25.640]  And I also got, Brett, I got all of my bar grievances back.
[22:25.640 --> 22:30.640]  I told that they investigated themselves and found no wrongdoing.
[22:30.640 --> 22:35.640]  No, they said they needed more information.
[22:35.640 --> 22:43.640]  But I put them all in one folder, 35 bar grievances.
[22:43.640 --> 22:47.640]  I merged them. They were all exactly the same.
[22:47.640 --> 22:55.640]  And what I didn't do is look up the bar card number for the lawyers.
[22:55.640 --> 23:02.640]  And I got one lawyer that was in Houston, and I realized he was the wrong lawyer.
[23:02.640 --> 23:05.640]  He was a family law lawyer.
[23:05.640 --> 23:12.640]  And then I found another one in Wise County with the same name.
[23:12.640 --> 23:21.640]  So I bar grieved one in Houston.
[23:21.640 --> 23:25.640]  He didn't have anything to do with it.
[23:25.640 --> 23:31.640]  You know the old saying, Randy, that there's times when kids get punished inappropriately,
[23:31.640 --> 23:36.640]  and the parents or somebody will console themselves by saying,
[23:36.640 --> 23:39.640]  well, you know, I made a mistake there. They shouldn't have got it.
[23:39.640 --> 23:42.640]  But there's a lot of times they should have gotten it. I never knew it.
[23:42.640 --> 23:45.640]  So maybe you caught up on that lawyer and you deserved it.
[23:45.640 --> 23:52.640]  That reminds me, my father was really strict.
[23:52.640 --> 23:57.640]  But he never punished us for anything that he hadn't already told us he would.
[23:57.640 --> 24:02.640]  I walked him in the door, walked up to the door and opened the door to the house,
[24:02.640 --> 24:04.640]  and there's my dad standing there.
[24:04.640 --> 24:07.640]  He drew back and backhanded me.
[24:07.640 --> 24:12.640]  I landed flat on my butt. I was about 11 years old.
[24:12.640 --> 24:16.640]  And my mother looked over his shoulders. I was a twin.
[24:16.640 --> 24:23.640]  No, Harrison. Not him. Richard.
[24:23.640 --> 24:27.640]  And my father grabbed the doorknob, looked down at me and said,
[24:27.640 --> 24:30.640]  well, he deserved it anyway.
[24:30.640 --> 24:35.640]  I almost laughed over that one.
[24:35.640 --> 24:41.640]  That was the first time I ever saw my father. Really embarrassed.
[24:41.640 --> 24:45.640]  But I deserved it anyway.
[24:45.640 --> 24:48.640]  That's for all the stuff I didn't catch you're doing.
[24:48.640 --> 24:50.640]  But yeah, I did that.
[24:50.640 --> 24:54.640]  The reason I did that is I want this lawyer to look at this and say,
[24:54.640 --> 24:57.640]  what in the heck happened here?
[24:57.640 --> 25:00.640]  How did I get bar-grieved?
[25:00.640 --> 25:03.640]  And what am I getting bar-grieved for?
[25:03.640 --> 25:07.640]  This is what I'm bar-grieving them for.
[25:07.640 --> 25:14.640]  I looked in the public record and I saw this criminal case.
[25:14.640 --> 25:16.640]  But in looking in the record,
[25:16.640 --> 25:22.640]  I did not find an order by some magistrate under 16.17,
[25:22.640 --> 25:26.640]  Texas Code of Criminal Procedure.
[25:26.640 --> 25:31.640]  So that gave me reason to believe that the officer who made the arrest
[25:31.640 --> 25:35.640]  did not take the person directly to the nearest magistrate.
[25:35.640 --> 25:40.640]  And my analysis of Texas law indicates
[25:40.640 --> 25:47.640]  that the only way a trial court can get subject matter jurisdiction
[25:47.640 --> 25:56.640]  in the case is after a determination of probable cause by some magistrate.
[25:56.640 --> 25:58.640]  I see you're in South Carolina.
[25:58.640 --> 26:02.640]  You're probably going to have exactly the same issue.
[26:02.640 --> 26:04.640]  This comes from the Fed.
[26:04.640 --> 26:09.640]  Now, we all know that if a magistrate says there is no probable cause,
[26:09.640 --> 26:13.640]  then there's no prosecution.
[26:13.640 --> 26:18.640]  The court can't take jurisdiction when there is no probable cause.
[26:18.640 --> 26:26.640]  So if a policeman arrests you for scratching behind your left ear while he's talking to you,
[26:26.640 --> 26:29.640]  they're going to say, it's not a crime.
[26:29.640 --> 26:31.640]  There's no probable cause to believe you've committed a crime.
[26:31.640 --> 26:35.640]  The court can't take jurisdiction.
[26:35.640 --> 26:40.640]  That's what a preliminary hearing is for,
[26:40.640 --> 26:48.640]  to test the evidence that the police officer brings to the table.
[26:48.640 --> 26:51.640]  The police officer is not a lawyer.
[26:51.640 --> 26:57.640]  And the way the code reads is in his zeal to enforce law.
[26:57.640 --> 27:02.640]  He sometimes oversteps the bounds of good judgment.
[27:02.640 --> 27:08.640]  So they intended that a third party stand between the policeman and the courts,
[27:08.640 --> 27:11.640]  and that's the magistrate.
[27:11.640 --> 27:15.640]  So I didn't see that 1617 order.
[27:15.640 --> 27:19.640]  So I didn't see it.
[27:19.640 --> 27:25.640]  That means their lawyer didn't see it either.
[27:25.640 --> 27:31.640]  He should have known there is no way the court can have jurisdiction without that order.
[27:31.640 --> 27:36.640]  But I didn't see a challenge to subject matter jurisdiction in the court record.
[27:36.640 --> 27:39.640]  So charge them with malpractice.
[27:39.640 --> 27:42.640]  35 of them.
[27:42.640 --> 27:44.640]  Cases I had nothing to do with.
[27:44.640 --> 27:48.640]  I just found them in the record.
[27:48.640 --> 27:51.640]  And that's what I wanted them to see.
[27:51.640 --> 27:54.640]  You guys been taking shortcuts.
[27:54.640 --> 27:59.640]  This is what can happen to you for the last 20 years,
[27:59.640 --> 28:10.640]  at least every single prosecution in the state of Texas is illegal.
[28:10.640 --> 28:18.640]  The accused can raise a challenge to subject matter jurisdiction and then sue the county
[28:18.640 --> 28:22.640]  or the state, depending on if it's a felony or a misdemeanor.
[28:22.640 --> 28:27.640]  And I wanted them to see this and realize the gravity of the situation.
[28:27.640 --> 28:34.640]  I also got a response from T. Cole in South Carolina.
[28:34.640 --> 28:39.640]  It's probably called post police officer certification training.
[28:39.640 --> 28:43.640]  In Texas, it's called T. Cole, Texas commission on law enforcement.
[28:43.640 --> 28:47.640]  They licensed peace officers.
[28:47.640 --> 28:53.640]  I sent a complaint against all of these officers and then there were one letter response.
[28:53.640 --> 29:00.640]  They listed each one of them and told me that if the officers committed a crime or violated a law,
[29:00.640 --> 29:04.640]  I needed to file a complaint with internal affairs.
[29:04.640 --> 29:14.640]  But my complaint to them was is that these officers were obviously not properly trained
[29:14.640 --> 29:23.640]  because they violated the clear black letter dictate of the statutory legislation.
[29:23.640 --> 29:26.640]  So I claim they were not well trained.
[29:26.640 --> 29:30.640]  And that's what T. Cole does is they take care of training.
[29:30.640 --> 29:34.640]  I didn't care what they did.
[29:34.640 --> 29:37.640]  It stings them anyway.
[29:37.640 --> 29:47.640]  And Tim Pixler, when he filed a T. Cole complaint, the next time he called about the same officer,
[29:47.640 --> 29:50.640]  the sheriff came out personally to ask him why he did it.
[29:50.640 --> 29:52.640]  And why he filed a complaint.
[29:52.640 --> 29:55.640]  Hang on, we'll talk about this on the other side. Ready, Captain Brett Fountain?
[29:55.640 --> 29:57.640]  We'll be right back.
[30:01.640 --> 30:06.640]  It's clear cell phones have changed the way we live and work, but have they negatively affected our health?
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[30:43.640 --> 30:47.640]  Cell phones emit radio frequency energy. It's a fact.
[30:47.640 --> 30:52.640]  But whether it's dangerous to have a phone beaming this kind of radiation near your head has been disputed.
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[31:02.640 --> 31:10.640]  A study of 47 volunteers showed that glucose metabolism in the area of the brain closest to the cell phone antenna increases when the cell phone is on.
[31:10.640 --> 31:15.640]  While researchers aren't sure whether this exposure causes damage, I'm not taking any chances.
[31:15.640 --> 31:19.640]  I always keep the phone far from my body and I use a corded headset.
[31:19.640 --> 31:29.640]  Look at your Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:49.640 --> 32:04.640]  Logos Radio Network welcomes a new show to our lineup for the new year.
[32:04.640 --> 32:11.640]  Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. Central Time.
[32:11.640 --> 32:20.640]  Our goal is in accord with Matthew 516. Let your light so shine before men that they may see your good works and glorify your Father which is in heaven.
[32:20.640 --> 32:25.640]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:25.640 --> 32:34.640]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed to provoke unto love and good works.
[32:34.640 --> 32:40.640]  Our verse by verse Bible studies will begin in the book of Matthew where we will discuss one chapter per week.
[32:40.640 --> 32:47.640]  Our topical Bible studies will vary each week and will explore sound doctrine as well as Christian character development.
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[33:00.640 --> 33:10.640]  You're listening to the Logos Radio Network at LogosRadioNetwork.com
[33:10.640 --> 33:30.640]  Yeah, I got a warrant and I'm gonna solve them, to the government them, prosecute them. Okay. How's that?
[33:30.640 --> 33:50.640]  Okay, we are back. Randy Kelkin, Brett Souton, Rooftop Radio and I always have way too much fun on the break.
[33:50.640 --> 34:02.640]  And where were we? I forgot where I was. Jeff? Yes, sir. Where were we?
[34:02.640 --> 34:12.640]  I was just making some brief comments. I think you were talking about your complaints and tuning up the attorney that wasn't involved.
[34:12.640 --> 34:22.640]  Oh yeah, I was having way too much fun with that. We have a lot of fun on the break. You guys missed the best part.
[34:22.640 --> 34:34.640]  So what I was trying to do is demonstrate to the police, the prosecutors, the judges, the kind of problems they can run into.
[34:34.640 --> 34:50.640]  We've talked about bar grievances on the show and how strong an effect they have on the lawyer. So what's the lawyer gonna do when he gets appointed to represent an indigent criminal client?
[34:50.640 --> 35:12.640]  And he does what he's been trained to do. The way the system is designed to work now is the lawyer, I think in 1986, the courts overturned the Speedy Trial Act.
[35:12.640 --> 35:40.640]  The Speedy Trial Act said as 23A, I think it is, said if you don't get someone to trial within 30 days for a Class C misdemeanor, 45 days Class B, 60 days Class C 180 for felony, then the court must find the accused not guilty.
[35:40.640 --> 35:54.640]  Well, the legislature, I mean the court said that that violated separation of powers. The legislature could not dictate a judicial determination.
[35:54.640 --> 36:14.640]  What they should have said was the accused has a right to discharge, but they didn't do that. So it was overturned in 1986 and the legislature's never put it back in place. So the state acts as if the right to a Speedy Trial doesn't exist anymore.
[36:14.640 --> 36:24.640]  So the prosecutor is now at his liberty to keep you under threat of criminal prosecution for as long as he wants to.
[36:24.640 --> 36:27.640]  Yeah, which usually is a very long time.
[36:27.640 --> 36:47.640]  Yes, and he will pressure you and order you to come into court and when you get there, they will cancel the court and reset it over and over and over to punish you until you take a deal.
[36:47.640 --> 36:57.640]  The prosecutor, I'm sorry, not the prosecutor, the defense counsel, he's trained to sit there and keep his mouth shut.
[36:57.640 --> 37:12.640]  So you get your lawyer, you get appointed as a court appointed counsel for this accused guy. The best thing you can do is nothing because the prosecutors eventually going to squeeze him into a deal.
[37:12.640 --> 37:24.640]  If you do anything, you're just wasting time. The best thing you can do is sit back and wait till the prosecutor gets a deal. You get your money. You don't have to do any work. Works great for you.
[37:24.640 --> 37:36.640]  Works great for the prosecutor. He's got this mill going where he just does the same thing to every client, does not give a hoot whether you're guilty or innocent. He's going to get a deal.
[37:36.640 --> 37:51.640]  Average conviction rate in the state of Texas, 99.6. If you are accused, if you're accused of crime in Texas, you are going to take a deal.
[37:51.640 --> 38:03.640]  And that's why Texas is not quite the worst police state on planet Earth. Louisiana is the worst police state on planet Earth.
[38:03.640 --> 38:13.640]  Louisiana incarcerates 1126 persons per 100,000.
[38:13.640 --> 38:28.640]  Texas 750, the United States on average, 627. The Republic of Russia, 327. We should be ashamed of ourselves.
[38:28.640 --> 38:43.640]  Wow. This is what does it. So, what's the remedy? How do you fix that? Examining trial. That interrupts the whole thing.
[38:43.640 --> 39:02.640]  Examining trial. Go ahead. Jeff, the misconduct, the way you report misconduct for South Carolina, I was pulling that up on the break, and they call it the South Carolina Criminal Justice Academy.
[39:02.640 --> 39:15.640]  And you can see on their website, they go to a really strong place here. If you want to complain about an officer when he's getting certified or recertified, he has to up every whatever year or two, he has to get recertified.
[39:15.640 --> 39:31.640]  There's a couple of points in here that stand out. Randy's talking about holding them accountable. You won't find it under post. Most states call it post, but this is what is called the Criminal Justice Academy.
[39:31.640 --> 39:52.640]  And I don't know if you're on their website, scca.sc.gov. And it's right there, misconduct. That would be a good place for you to look at.
[39:52.640 --> 40:02.640]  But, Randy, you want me to describe a couple of these points that stand out here?
[40:02.640 --> 40:04.640]  Are you addressing me?
[40:04.640 --> 40:10.640]  I don't know. I wanted to see if Randy wanted to. So, a couple of these points are in the...
[40:10.640 --> 40:18.640]  He was addressing me, but somebody muted my mic when I wasn't looking.
[40:18.640 --> 40:32.640]  So, a couple of things they can get in trouble for. In the South Carolina Code of Laws, section 23, 23, 150, A is an alpha 3.
[40:32.640 --> 41:00.640]  And it says, what is certification misconduct? And you'll see under H and I, we've got, if an officer willfully makes false, misleading, incomplete, deceitful, or incorrect statements to any court of competent jurisdiction or their staff members, whether under oath or not.
[41:00.640 --> 41:10.640]  Dude, I don't know about you, but that's got to catch a lot of officers right there when they're making statements.
[41:10.640 --> 41:16.640]  Oh, man, I thought those kinds of statements were made as a matter of policy.
[41:16.640 --> 41:34.640]  Well, above that, they've got G and it says, willfully making false, misleading, incomplete, deceitful, or incorrect statements to a law enforcement, a law enforcement agency, or a representative of the agency, except when required by departmental policy or by the laws of this state.
[41:34.640 --> 41:36.640]  What?
[41:36.640 --> 42:02.640]  Yes. So, part K as long as it's required by policy, that was G. But H over here says, if you're saying, if you're making false statements to a court or their staff members, I says, willfully providing false, misleading, incomplete, deceitful, or incorrect information on a document, a record, a report, or form,
[42:02.640 --> 42:07.640]  except when required by departmental policy or the laws of this state.
[42:07.640 --> 42:33.640]  So, if he tries to perjure himself in front of a court, that's certification misconduct according to his, what's going to get his peace officer license dinged. And if it's G or I, if he made incorrect statements to another law enforcement officer or need agency,
[42:33.640 --> 42:53.640]  or on a document, then he's going to have to prove up that he was following policy instead of, because the policy told him he has to lie.
[42:53.640 --> 42:56.640]  Anyway, you ought to be able to at least get him with that H.
[42:56.640 --> 43:14.640]  Okay, we have to address that. I'm sitting here looking at 45 complaints I filed against peace officers for arresting someone and taking them directly to a magistrate.
[43:14.640 --> 43:19.640]  I'm sorry, for arresting someone and not taking them directly to a magistrate.
[43:19.640 --> 43:41.640]  And the cake hole asked me to clarify my complaint because they took my complaint as criminal and said I should take that up with AI, internal affairs.
[43:41.640 --> 43:59.640]  I need to rewrite this so that it addresses certification violations. How did that, let's pick this up on the other side. We'll be right back.
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[45:55.640 --> 46:22.640]  Or call toll-free 866-LAW-EZ.
[46:22.640 --> 46:50.640]  Okay, we were back. Randy Kelton, Brett Fountain, rule of law radio, and we were kind of looking over the break of how to respond to the commission when the commission tries to run interference for their officers.
[46:50.640 --> 47:06.640]  So Jeff, where were we at on you on these post complaints, or what do they call it in South Carolina, Brett?
[47:06.640 --> 47:11.640]  Criminal Justice Academy, S-H-E-C-J-A.
[47:11.640 --> 47:27.640]  Okay, Jeff, have you listened to enough of our podcast to understand what we're talking about in the political side of going after their bonding or certification?
[47:27.640 --> 47:34.640]  Yes, sir. Maybe to help you there, Randy. I'm the grandpa that had the grandson up in Pennsylvania, and we...
[47:34.640 --> 47:39.640]  Oh, okay. Now we know who you are. You're not just a hillbilly.
[47:39.640 --> 47:54.640]  Well, I might be that too, though. I'm surprised how I am, but I've listened to a couple years' worth, multiple years' worth of your podcast, and that's why I'm always anxious to get those podcasts.
[47:54.640 --> 48:08.640]  Yeah, I'm interested in what you're saying there, because I'm always amazed at Brett how fast, while a person is talking or shortly after he can go in and find stuff, I just don't have that finesse.
[48:08.640 --> 48:16.640]  It takes me a long time to shake the tree to get stuff that I need. It's always very tedious to find what I'm after, or even know that it's there.
[48:16.640 --> 48:27.640]  So, Brett, my hat's off you. I've heard you do this over and over on broadcast and stuff, and it just amazes me how you're working the computer and shaking stuff out.
[48:27.640 --> 48:33.640]  Well, cool. I'm glad that's helpful.
[48:33.640 --> 48:43.640]  Well, I can attest to the fact that Brett is really one fart smeller, and he's also a deep stinker.
[48:43.640 --> 48:53.640]  I wrote down what you had, and I was aware of the Academy, but I never got that information that you got. I never saw that before.
[48:53.640 --> 49:12.640]  And I know 23 also regulates the state police and the highway patrol, and I've used 23 already for my general information, but I'm sure it has a lot more to give me that I haven't discovered yet.
[49:12.640 --> 49:17.640]  Look for how we can use it politically.
[49:17.640 --> 49:23.640]  The higher-ups in this commission, they're funded by the legislatures.
[49:23.640 --> 49:31.640]  So how can we use this to sting them in front of the people who write their checks?
[49:31.640 --> 49:43.640]  I just got a letter saying that the complaints I sent, I should give them to internal affairs or file criminal complaints.
[49:43.640 --> 49:46.640]  They're saying, don't bother us with this stuff.
[49:46.640 --> 50:02.640]  But my complaints were carefully crafted to claim that the officers who arrested these people and took them directly to jail did so in accordance with their training.
[50:02.640 --> 50:07.640]  And then the commission just ignored that part and pretended like I didn't say that.
[50:07.640 --> 50:17.640]  And Brett and I were talking on the break, how do we get to the commission? How do we bring this back and force it into their laps?
[50:17.640 --> 50:27.640]  And I guess primarily from what Brett was saying on the break, we need to get to certification requirements.
[50:27.640 --> 50:48.640]  What are the parameters that the sheriff's department or the chief of police or whoever, the head of the department, must consider concerning certification of officers?
[50:48.640 --> 50:54.640]  How do we get their certification jerked?
[50:54.640 --> 50:57.640]  Do you see anything in there?
[50:57.640 --> 51:00.640]  Are you talking about Texas now or are you talking about South Carolina?
[51:00.640 --> 51:05.640]  I didn't see anything in Texas, but right now we're talking about South Carolina.
[51:05.640 --> 51:10.640]  Yeah, it's in Texas too. I've used it in Texas. I've slapped them around with that.
[51:10.640 --> 51:29.640]  The South Carolina, I think the one that we just looked at there, especially that I, I don't know, it depends on the facts that what's been going on in this particular case, whether he has already lied to a court or if you could say he lied on any of those three situations there.
[51:29.640 --> 51:42.640]  But that would be, I think, a great place to point at is that he's not eligible for, he doesn't meet the certification requirements, so he's not eligible for recertification.
[51:42.640 --> 52:01.640]  I'm listening to this and this says that he shouldn't lie to the court or put false statements on documents unless he's authorized to do by law. I would certainly want that clarified.
[52:01.640 --> 52:20.640]  Well, G and I give that little disclaimer that he can only do it if he's required to by departmental policy or by the laws of this state. H has no such qualifier. H is just, did he do it or not?
[52:20.640 --> 52:23.640]  Okay, hopefully making false, huh?
[52:23.640 --> 52:27.640]  Okay, I just want to say what's the distinction between the two?
[52:27.640 --> 52:32.640]  Oh, the doing it or not?
[52:32.640 --> 52:33.640]  Yeah.
[52:33.640 --> 52:54.640]  It says if he did this, if he willfully made a false statement, misleading statement, incomplete statement, deceitful statement, or incorrect statement to any court of competent jurisdiction or their staff members, whether under oath or not.
[52:54.640 --> 52:57.640]  That's it.
[52:57.640 --> 53:01.640]  Who could he lie to?
[53:01.640 --> 53:20.640]  He can get on the stand and he can say something under oath or he can go over here and tell one of the staff members, oh, this guy's a whatever, pro se. I am not.
[53:20.640 --> 53:30.640]  Okay, the one where he could lie if it was under policy, how is that framed differently than this one?
[53:30.640 --> 53:39.640]  Well, the first part of it is exactly the same. It tax on to the end, it says except when required by departmental policy or by the laws of this state.
[53:39.640 --> 53:51.640]  So you could start by saying, with a records request, go to the South Carolina records request.
[53:51.640 --> 54:13.640]  So records request will give you the policy to say I would like to know from all the records you assemble, create, and maintain in your office, I would like to know, I would like you to produce for me the records that show departmental policy authorizing your staff to lie.
[54:13.640 --> 54:31.640]  And they would most likely want to come back and tell you that there are no records responsive to your request, however they are going to have some. It's going to be something probably about, oh, that's only when we're doing drug stings and things like that.
[54:31.640 --> 54:37.640]  Well, show me the policy.
[54:37.640 --> 54:53.640]  So you get the departmental policy in your hot little hands and now you see that his behavior, his lies, whatever he falsified on a document, it had nothing to do with whatever the departmental policy said.
[54:53.640 --> 54:58.640]  So he's out from under that umbrella.
[54:58.640 --> 55:06.640]  Jeff, I suggest you start producing some really probing information requests.
[55:06.640 --> 55:15.640]  Yeah, that seems to be a key thing and I know you said Brett's one of your champions on that.
[55:15.640 --> 55:18.640]  Yes, he is.
[55:18.640 --> 55:23.640]  Well, he got me the response from the sheriff that I needed.
[55:23.640 --> 55:33.640]  And I think the sheriff gave him that response because he had already hammered the new county attorney and the sheriff didn't want to be hammered.
[55:33.640 --> 55:39.640]  So he gave him a response that said we have no records responsive to your request.
[55:39.640 --> 55:46.640]  And that was like gold.
[55:46.640 --> 55:54.640]  But I didn't say when we went out about these professional conduct complaints.
[55:54.640 --> 56:05.640]  The officer filed one against an officer after he had called the sheriff and the sheriff didn't respond. A year later, there was an accident in front of his auto shop.
[56:05.640 --> 56:12.640]  And he went there to make sure he didn't have any damage and, you know, he knows everybody in town, so I wanted to make sure who it was and such.
[56:12.640 --> 56:17.640]  Well, the same officer he had filed against was in the ambulance and was real nasty to Tim.
[56:17.640 --> 56:27.640]  So Tim called the sheriff. The sheriff got in his cruiser and drove 15 miles to Newark, Texas to talk to Tim.
[56:27.640 --> 56:36.640]  And in the process, he asked Tim why he filed a deco complaint against this officer last time instead of calling him.
[56:36.640 --> 56:40.640]  And Tim told him, well, I did call you and you didn't respond.
[56:40.640 --> 56:48.640]  And when Tim told me that, I thought, sheriff, you should not play poker.
[56:48.640 --> 57:04.640]  Anything that would get the sheriff to drop everything he's doing and drive halfway across the county to talk to somebody to find out why they filed a deco complaint and primarily to keep him from doing another one tells me this is a big deal.
[57:04.640 --> 57:11.640]  So at the end of the day, it's a big deal, but here we're talking about how do we make it a bigger deal?
[57:11.640 --> 57:29.640]  How do we now grab ahold of deco or the licensing agency and make it look as though they're not abiding by their charters?
[57:29.640 --> 57:37.640]  At least give them the impression that's what we're trying to do, undermine them so that we can affect their budget.
[57:37.640 --> 57:46.640]  I imagine we'd have to go back to where their institution was started and who they answered to.
[57:46.640 --> 57:49.640]  They're almost certainly going to answer to the legislature.
[57:49.640 --> 57:59.640]  In Texas, every, what is it, 12 or 13 years, I thought it was an odd number.
[57:59.640 --> 58:01.640]  Sunset, yes.
[58:01.640 --> 58:03.640]  I don't remember how many years.
[58:03.640 --> 58:14.640]  Sunset means, okay, they have to pass legislation to enable this organization and those inactions are time limited.
[58:14.640 --> 58:24.640]  When the time runs out, if the legislature does not reenact it, then the agency is sunsetted, it disappears.
[58:24.640 --> 58:34.640]  So what do we have in other states that puts the agency in a position to where they have to justify their existence?
[58:34.640 --> 58:49.640]  Hang on, Randy Kelton, Brett Felton, we'll be right back.
[58:49.640 --> 59:12.640]  Would you like to make more definite progress in your walk with God? Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:12.640 --> 59:20.640]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:20.640 --> 59:49.640]  It clearly presents God's plan of salvation, growing in Christ and how to build up the church.
[59:49.640 --> 59:59.640]  Live Free Speech Radio, LogosRadioNetwork.com.
[01:00:20.640 --> 01:00:45.640]  Brent Crude, $62.47 a barrel, and Crypto is an order of market cap, Bitcoin Core, $10,566.52, Ethereum, $227.26, XRP, Ripple, $0.33, Litecoin, $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[01:00:45.640 --> 01:00:59.640]  Today in History, the year 1916, the Preparedness Day bombing, a time suitcase bomb, was detonated on Market Street in San Francisco during the World War I Preparedness Day Parade, killing 10 and injuring 40.
[01:00:59.640 --> 01:01:23.640]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing heaven to tax his law back in June, county prosecutors around the state, including Houston, Austin, and San Antonio, have been dropping marijuana possession charges and even refusing to file new ones since they are stipulating that they do not have the time or the laboratory equipment to test the earth for THC.
[01:01:23.640 --> 01:01:32.640]  Margaret Moore, the Travis County District Attorney, announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[01:01:32.640 --> 01:02:00.640]  Mr. Abbott and other state officials, including the Attorney General stipulated in a letter that county district attorneys back on Thursday that marijuana has not been decriminalized in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as well as other cities too, like the district attorney in El Paso, Kymah Esparza, a Democrat who also stated earlier this month that the law, quote, will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:00.640 --> 01:02:12.640]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County, who stated that, quote, the law is constantly changing on what makes something illegal based on its chemical makeup.
[01:02:12.640 --> 01:02:21.640]  It's important that if someone is charged with something, the test matches what they're charged with.
[01:02:21.640 --> 01:02:38.640]  A paper by Tulane University identified a five and a half inch American pocket shark as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:38.640 --> 01:02:50.640]  According to the university paper, the shark secretes a luminous fluid from a gland near its front fins for the purposes hypothesized to lure and prey who may be drawn into the glow.
[01:02:50.640 --> 01:02:59.640]  This is Rick Brody with your lowdown for July 22, 2019.
[01:02:59.640 --> 01:03:21.640]  It's all according to the will of the Almighty.
[01:03:21.640 --> 01:03:37.640]  Okay, we are back, Brenda Kelton, Brett Fountain, Rural Law Radio.
[01:03:37.640 --> 01:03:48.640]  And Jeff, you kind of triggered something that just happened to be right on my front burner today, and I kind of bushwhacked you with it.
[01:03:48.640 --> 01:03:52.640]  Have you even asked us a question yet?
[01:03:52.640 --> 01:03:57.640]  No, I have like three or four comments and then a question at the end.
[01:03:57.640 --> 01:04:07.640]  But yeah, you were asking me how you could help me with this agency thing and I was thinking, well, I really hadn't brought that up or thought much about that.
[01:04:07.640 --> 01:04:10.640]  But I appreciate the information discussed.
[01:04:10.640 --> 01:04:14.640]  I've made notes as it was being discussed.
[01:04:14.640 --> 01:04:20.640]  Okay, I'll shut up now and ask us a question.
[01:04:20.640 --> 01:04:26.640]  Well, I just have a couple, just sentence comments here as I thought would be worthwhile.
[01:04:26.640 --> 01:04:40.640]  And the one maybe request that came up or came to mind was you talk about different websites and this and that, and the one podcast I listened back in January just you listed a couple.
[01:04:40.640 --> 01:04:51.640]  And I thought, boy, I would really love to see a more complete listing that I could go to somewhere and see your different websites because I'd like thinking in them.
[01:04:51.640 --> 01:04:53.640]  I like looking for the information.
[01:04:53.640 --> 01:05:02.640]  Just a thought there that maybe a more complete listing, whether it be at logos or wherever, that would be appreciated at least by me.
[01:05:02.640 --> 01:05:05.640]  Okay, I will put something together.
[01:05:05.640 --> 01:05:12.640]  I'm reworking most of my websites using a more sophisticated technology.
[01:05:12.640 --> 01:05:16.640]  So some of them I have a lot of the information available.
[01:05:16.640 --> 01:05:18.640]  Some of them I don't.
[01:05:18.640 --> 01:05:22.640]  I will go through them and make a list of what I have.
[01:05:22.640 --> 01:05:31.640]  I've got a whole bunch of websites and some of my backside technologies down at the moment because we're migrating to a new server.
[01:05:31.640 --> 01:05:35.640]  So some of my automated stuff is not working at the moment.
[01:05:35.640 --> 01:05:38.640]  But for you, that probably won't make a difference.
[01:05:38.640 --> 01:05:47.640]  SECcomply.com is one of them that doesn't work, but you probably don't care about the Scourge Exchange Commission at the moment.
[01:05:47.640 --> 01:05:53.640]  I will make up a list and post it somewhere.
[01:05:53.640 --> 01:05:55.640]  Great, yeah.
[01:05:55.640 --> 01:05:59.640]  I guess I'll put it in the menu section on my sites.
[01:05:59.640 --> 01:06:01.640]  Okay.
[01:06:01.640 --> 01:06:10.640]  Another comment there was I was delighted to hear in the lag time where I didn't have podcasts to listen to that much.
[01:06:10.640 --> 01:06:11.640]  I was drifting around.
[01:06:11.640 --> 01:06:17.640]  I got into another internet station and they were talking about legal things.
[01:06:17.640 --> 01:06:22.640]  And the person I listened to the first time they featured Alphonse Fagiola.
[01:06:22.640 --> 01:06:23.640]  And I was very happy.
[01:06:23.640 --> 01:06:28.640]  I just heard I think yesterday I was listening to logos.
[01:06:28.640 --> 01:06:31.640]  And I'm pretty sure it sounds like you've teamed up.
[01:06:31.640 --> 01:06:36.640]  I know he referred to Brett in one of his groups and that.
[01:06:36.640 --> 01:06:41.640]  So I was really enjoying Alphonse Fagiola.
[01:06:41.640 --> 01:06:47.640]  And the last one I listened to you said that you'll have him as a guest probably this coming week.
[01:06:47.640 --> 01:06:50.640]  Now I haven't heard that yet, but that was interesting.
[01:06:50.640 --> 01:06:57.640]  I just wanted to comment on that and how highly Alphonse spoke of Brett and Randy.
[01:06:57.640 --> 01:07:08.640]  And he really brought out the Governor Abbott criminal petition and things like that in his discussions on another channel.
[01:07:08.640 --> 01:07:15.640]  Yes, he did a spot on this Crow 777 channel.
[01:07:15.640 --> 01:07:23.640]  And last two days ago, I did a two hour presentation on that platform.
[01:07:23.640 --> 01:07:29.640]  And they have notified me of when we recorded it so we don't know when that one will broadcast.
[01:07:29.640 --> 01:07:39.640]  But they were pretty sure that my criminal complaint is the reason the Governor dropped to rescind all of his orders.
[01:07:39.640 --> 01:07:42.640]  Now I don't know if that's the case or not, but I like to think it is.
[01:07:42.640 --> 01:07:49.640]  But 20 other states quickly followed suit and this Crow individual is from Rhode Island.
[01:07:49.640 --> 01:07:57.640]  And Rhode Island was one of the states that did that and he was very pleased that this eased a lot of pressure,
[01:07:57.640 --> 01:08:00.640]  mask and other kinds of pressures off of him.
[01:08:00.640 --> 01:08:04.640]  So it's getting a lot of coverage.
[01:08:04.640 --> 01:08:11.640]  That's why I decided to start doing some seminars.
[01:08:11.640 --> 01:08:14.640]  I didn't mention that site.
[01:08:14.640 --> 01:08:16.640]  I didn't want to drop another name on it.
[01:08:16.640 --> 01:08:21.640]  But I spot in there at his site that Crow 777 now and then.
[01:08:21.640 --> 01:08:23.640]  And he did run a series of legal stuff.
[01:08:23.640 --> 01:08:29.640]  And some of what I wasn't overly impressed with, but some of it was pretty doggone good.
[01:08:29.640 --> 01:08:33.640]  I thought it was pretty interesting.
[01:08:33.640 --> 01:08:42.640]  Yeah, I haven't listened to his broadcast, so I really didn't know when I did this what he primarily went to.
[01:08:42.640 --> 01:08:49.640]  But they were real receptive to what I was presenting.
[01:08:49.640 --> 01:08:58.640]  And when I mentioned Patriot mythology, that resonated with them because apparently they had run into that quite a bit.
[01:08:58.640 --> 01:09:00.640]  And it was a problem for them as well.
[01:09:00.640 --> 01:09:02.640]  So I was pleased to hear that.
[01:09:02.640 --> 01:09:10.640]  Well, I don't take him nearly as experienced or advanced as you are in any way, shape or form.
[01:09:10.640 --> 01:09:14.640]  He's wrapping his mind around, I think, basic stuff largely.
[01:09:14.640 --> 01:09:21.640]  But I take him as a very sincere individual, and although he gets into some areas I'm not too keen on myself,
[01:09:21.640 --> 01:09:27.640]  I still think he presents a lot of interesting material.
[01:09:27.640 --> 01:09:34.640]  That's what I got from him, that he's still looking for what's real and what's not real.
[01:09:34.640 --> 01:09:35.640]  Yes.
[01:09:35.640 --> 01:09:36.640]  Yes.
[01:09:36.640 --> 01:09:44.640]  But he wasn't just jumping into something and running with it just because somebody waved in front of him.
[01:09:44.640 --> 01:09:51.640]  I did a pre-interview with him, so I wanted to kind of feel him out.
[01:09:51.640 --> 01:09:56.640]  I wanted to know what I was getting into before I did the show, and I was comfortable with him.
[01:09:56.640 --> 01:10:03.640]  Yeah, I heard him, he was recommended by that Sean on SGT report, which many people know of him.
[01:10:03.640 --> 01:10:11.640]  He mentioned this curl he had a guest on, so that's how I got to his station, and then this Alphonse came on.
[01:10:11.640 --> 01:10:16.640]  And I just thought it was interesting how you guys have linked up, that's great.
[01:10:16.640 --> 01:10:17.640]  Great.
[01:10:17.640 --> 01:10:20.640]  Okay, also another comment I'll have.
[01:10:20.640 --> 01:10:25.640]  Now, I may stand to be corrected on this, but it's just some curiosity.
[01:10:25.640 --> 01:10:32.640]  Now, I used to live in Pennsylvania, and when I get back there, I still live there, but I don't stay there long.
[01:10:32.640 --> 01:10:37.640]  But I recall your fascination with the word, Prothonitary.
[01:10:37.640 --> 01:10:49.640]  Now, what I think I understand about that is, you have the clerk of the court, which I think is on the second or third floor.
[01:10:49.640 --> 01:10:58.640]  I think the third floor in Harrisburg Courthouse, but the Prothonitary is either on the first or second floor.
[01:10:58.640 --> 01:11:02.640]  The clerk of the court deals with criminal cases.
[01:11:02.640 --> 01:11:10.640]  The Prothonitary deals with civil cases, as I understand it, and have experienced.
[01:11:10.640 --> 01:11:12.640]  Yeah, Pennsylvania was interesting.
[01:11:12.640 --> 01:11:16.640]  It was much different than the other states.
[01:11:16.640 --> 01:11:22.640]  But then I haven't dealt with the original 13 colonies much.
[01:11:22.640 --> 01:11:27.640]  They are, for the most part, different than all of the rest of the states.
[01:11:27.640 --> 01:11:34.640]  They're mostly commonwealths, and most of the other states are based on Spanish law.
[01:11:34.640 --> 01:11:37.640]  So they're considerably different.
[01:11:37.640 --> 01:11:50.640]  While they have tried to meld everything together into one stable form of law, they still have some interesting differences.
[01:11:50.640 --> 01:12:01.640]  All right. All right. My question that I had is, if you would address or give your perspectives on.
[01:12:01.640 --> 01:12:10.640]  Now, I understand how you say when a person takes legal criminal action against a public official, they're protected.
[01:12:10.640 --> 01:12:15.640]  At least I have a somewhat of a working understanding of that. I got that.
[01:12:15.640 --> 01:12:25.640]  But where, what I was batting around and where I kind of snagged is the odds of reciprocity on civil suits
[01:12:25.640 --> 01:12:34.640]  at any level against public officials or an individual posing or operating as a public official.
[01:12:34.640 --> 01:12:41.640]  And I was contemplating something, but I thought, you know, this could turn on me and hammer me down very quickly.
[01:12:41.640 --> 01:12:48.640]  And I really don't have the resources to fend off a large financial attack.
[01:12:48.640 --> 01:12:59.640]  I would be consumed very quickly if their buddies at the courthouse, other government buddies, sided with them.
[01:12:59.640 --> 01:13:02.640]  I could see myself going under very quickly.
[01:13:02.640 --> 01:13:10.640]  Could you mind addressing or just giving some perspectives on reciprocity in a civil suit?
[01:13:10.640 --> 01:13:21.640]  Well, it's the only thing they can ask for is attorney fees and sanctions and sanctions are almost never granted.
[01:13:21.640 --> 01:13:31.640]  If you do your homework and build a well-founded suit, you're going to be protected.
[01:13:31.640 --> 01:13:35.640]  Otherwise, the system would be unusable.
[01:13:35.640 --> 01:13:41.640]  And while it is corrupt, they wanted to have the appearance of not being corrupt.
[01:13:41.640 --> 01:13:44.640]  I've been going after them for a long time.
[01:13:44.640 --> 01:13:55.640]  And when you bring facts and law carefully crafted before them, I have never had anyone that I was going after
[01:13:55.640 --> 01:14:00.640]  try to come back after me for taking the actions I take.
[01:14:00.640 --> 01:14:10.640]  The only time they can come back at you is if they can show that your pleadings are frivolous.
[01:14:10.640 --> 01:14:12.640]  Yeah, to the contrary, they actually back off.
[01:14:12.640 --> 01:14:20.640]  That's when they start finally giving you some reading room is when you start highlighting their crimes.
[01:14:20.640 --> 01:14:27.640]  Even on the civil level?
[01:14:27.640 --> 01:14:35.640]  I've never had a governmental agency try a counterclaim against me when I went after them.
[01:14:35.640 --> 01:14:39.640]  They just defend.
[01:14:39.640 --> 01:14:46.640]  No political figure that you named individually or anything like that ever did a counterclaim?
[01:14:46.640 --> 01:14:48.640]  No.
[01:14:48.640 --> 01:14:49.640]  It never has.
[01:14:49.640 --> 01:14:51.640]  Amazing.
[01:14:51.640 --> 01:14:57.640]  Well, they're afraid to. A counterclaim has to really be well structured.
[01:14:57.640 --> 01:15:02.640]  Otherwise, you run the risk of getting sanctioned.
[01:15:02.640 --> 01:15:13.640]  If you file a counterclaim just for the purpose of discrediting the opposing party, that's not going to go over well.
[01:15:13.640 --> 01:15:20.640]  You have to understand that these protections are not put in there for us.
[01:15:20.640 --> 01:15:23.640]  This is a pool full of sharks.
[01:15:23.640 --> 01:15:31.640]  They're all sharks, so each individual shark need to be protected from the other sharks.
[01:15:31.640 --> 01:15:35.640]  So they put these procedures in place to protect themselves.
[01:15:35.640 --> 01:15:45.640]  We, as just chumped process, we get to come in and use what they put in place to protect themselves from each other for.
[01:15:45.640 --> 01:16:00.640]  I have a retaliation against the process. It just doesn't happen much unless your paintings are the kind of stuff that Republican Texas are doing where they were filing trillion-dollar liens against public officials.
[01:16:00.640 --> 01:16:09.640]  I had Robert Fox call me one time when I was in North Carolina, had these two guys at the feds were coming after for filing fraudulent liens.
[01:16:09.640 --> 01:16:12.640]  I said, well, what was the issue?
[01:16:12.640 --> 01:16:18.640]  Traffic. How much were the liens? 10 trillion.
[01:16:18.640 --> 01:16:22.640]  What were you thinking?
[01:16:22.640 --> 01:16:26.640]  Did it take something really outrageous?
[01:16:26.640 --> 01:16:37.640]  But if you file a well-crafted suit that makes a good argument, you're not going to have them come back after you.
[01:16:37.640 --> 01:16:46.640]  At least that's been my experience. I'm about to land on them like a ton of bricks, so you're certainly get to find out.
[01:16:46.640 --> 01:16:50.640]  Randy Calton, Brett Fountain, Lula Radio.
[01:16:50.640 --> 01:16:54.640]  Okay, we've got a full board, so I'm not going to give out the call-in number.
[01:16:54.640 --> 01:16:59.640]  Hang on, we'll be right back.
[01:16:59.640 --> 01:17:04.640]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[01:17:48.640 --> 01:17:56.640]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
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[01:17:59.640 --> 01:18:04.640]  I love logos. Without the shows on this network, I'd be almost as ignorant as my friends.
[01:18:04.640 --> 01:18:08.640]  I'm so addicted to the truth now that there's no going back. I need my truth fit.
[01:18:08.640 --> 01:18:12.640]  I'd be lost without logos, and I really want to help keep this network on the air.
[01:18:12.640 --> 01:18:19.640]  I'd love to volunteer as a show producer, but I'm a bit of a Luddite, and I really don't have any money to give, because I spend it all on supplements.
[01:18:19.640 --> 01:18:21.640]  How can I help logos?
[01:18:21.640 --> 01:18:26.640]  Well, I'm glad you asked. Whenever you order anything from Amazon, you can help logos.
[01:18:26.640 --> 01:18:31.640]  You can order them in your supplies or holiday gifts. First thing you do is clear your cookies.
[01:18:31.640 --> 01:18:37.640]  Now, go to LogosReguleNetwork.com. Click on the Amazon logo and bookmark it.
[01:18:37.640 --> 01:18:43.640]  Now, when you order anything from Amazon, you use that link and Logos gets a few pesos.
[01:18:43.640 --> 01:18:44.640]  Do I pay extra?
[01:18:44.640 --> 01:18:45.640]  No.
[01:18:45.640 --> 01:18:47.640]  Do you have to do anything different when I order?
[01:18:47.640 --> 01:18:48.640]  No.
[01:18:48.640 --> 01:18:49.640]  Can I use my Amazon Prime?
[01:18:49.640 --> 01:18:50.640]  No.
[01:18:50.640 --> 01:18:51.640]  I mean, yes.
[01:18:51.640 --> 01:18:55.640]  Wow, giving without doing anything or spending any money, this is perfect.
[01:18:55.640 --> 01:18:56.640]  Thank you so much.
[01:18:56.640 --> 01:18:58.640]  We are welcome.
[01:18:58.640 --> 01:19:27.640]  Thank you.
[01:19:28.640 --> 01:19:34.640]  Okay.
[01:19:34.640 --> 01:19:35.640]  We are back.
[01:19:35.640 --> 01:19:36.640]  Randy Kelton, Brett Bountain.
[01:19:36.640 --> 01:19:44.640]  We have our radio on this Friday, the 28th day of May, 2021.
[01:19:44.640 --> 01:19:51.640]  Tomorrow will be my brother's birthday, but it's Memorial Day.
[01:19:51.640 --> 01:19:55.640]  Memorial Day is always a black day for me.
[01:19:55.640 --> 01:20:00.640]  Anyway, okay, we are talking to Jeff in South Carolina.
[01:20:00.640 --> 01:20:10.640]  Okay, as soon as civil suits are more difficult, you need to do those when you are somewhat more sophisticated.
[01:20:10.640 --> 01:20:20.640]  We had Scott Richardson file a bunch of civil suits, but he wasn't sophisticated enough to handle their subsequent motions and pleadings.
[01:20:20.640 --> 01:20:24.640]  It takes a bit more experience to be able to do that.
[01:20:24.640 --> 01:20:25.640]  I think that's your question.
[01:20:25.640 --> 01:20:26.640]  They didn't go back after him.
[01:20:26.640 --> 01:20:32.640]  They didn't do any kind of, you know, privileges throwing him in jail or any nonsense like that.
[01:20:32.640 --> 01:20:36.640]  It was just, he didn't win the suit.
[01:20:36.640 --> 01:20:39.640]  Yeah, they wanted to get away from him.
[01:20:39.640 --> 01:20:46.640]  If they had tried for any kind of countersuit, then they're stuck with him.
[01:20:46.640 --> 01:20:49.640]  They just wanted to be out from under it and go back to the business.
[01:20:49.640 --> 01:20:50.640]  These guys are busy.
[01:20:50.640 --> 01:20:52.640]  They've got all to do they can handle.
[01:20:52.640 --> 01:20:58.640]  In a suit like this, they have to stop and do legal research and explain to their bosses why they're being sued.
[01:20:58.640 --> 01:20:59.640]  It's a real problem for them.
[01:20:59.640 --> 01:21:02.640]  So they just wanted to go away.
[01:21:02.640 --> 01:21:10.640]  And in the suit I'm preparing, I'm taking that, you know, that's a central focus on building the suit.
[01:21:10.640 --> 01:21:20.640]  I want to throw enough at them so that they don't want to come to me and make a deal and give me to go away and leave them alone.
[01:21:20.640 --> 01:21:26.640]  I don't plan on taking this all the way to the end and trying to win the suit because that's really difficult to do.
[01:21:26.640 --> 01:21:31.640]  In the best of cases, it's always a crap shoot.
[01:21:31.640 --> 01:21:34.640]  So let's plan it for a deal.
[01:21:34.640 --> 01:21:38.640]  A lot easier.
[01:21:38.640 --> 01:21:43.640]  But always research your claims very carefully.
[01:21:43.640 --> 01:21:50.640]  Today, before the show, I had O'Connor's litigation guides find a litigation guide.
[01:21:50.640 --> 01:22:01.640]  I was going through the litigation guide and looking pulling up the every case that the litigation guide references.
[01:22:01.640 --> 01:22:08.640]  I will use those cases, but those cases will be on point to what I'm dealing with.
[01:22:08.640 --> 01:22:16.640]  Like here, I'm talking about a false imprisonment, false arrest, false imprisonment.
[01:22:16.640 --> 01:22:24.640]  And the litigation guide speaks to all the different permutations of that.
[01:22:24.640 --> 01:22:34.640]  Claims it was detained, they used physical force, they used threat, they made an arrest, detention was realful.
[01:22:34.640 --> 01:22:39.640]  These are all the elements and each one of the elements has case law and they're supporting it.
[01:22:39.640 --> 01:22:50.640]  Well, if you don't want to use the case law that's in there, then get the case and read it and that case will refer to a lot of other cases.
[01:22:50.640 --> 01:22:55.640]  So you get lots of cases directly on point, you don't have to go look them up.
[01:22:55.640 --> 01:23:03.640]  And these are cases that the courts will recognize because it's out of the litigation guide and they use the same ones all the time.
[01:23:03.640 --> 01:23:09.640]  And the litigation guide will tell you exactly how to argue them.
[01:23:09.640 --> 01:23:23.640]  If your issues are well argued, you'll never get a claim of frivolous pleadings or a request for sanctions.
[01:23:23.640 --> 01:23:28.640]  All right. All right. Very good. Very good.
[01:23:28.640 --> 01:23:30.640]  Anything else, Jeff?
[01:23:30.640 --> 01:23:37.640]  No, sir. Thank you for the time. You have a full caller board. I will thank you and bless you and Andy.
[01:23:37.640 --> 01:23:39.640]  Are you and Brett, both of you?
[01:23:39.640 --> 01:23:44.640]  Just so you know, you got me in trouble.
[01:23:44.640 --> 01:23:46.640]  Oh, how's that?
[01:23:46.640 --> 01:23:54.640]  Well, Tina called in last night and I told her she called in tonight and she said she didn't have much time, so I had to take her first.
[01:23:54.640 --> 01:24:00.640]  And I got so interested in what you would do saying I forgot.
[01:24:00.640 --> 01:24:05.640]  Well, she doesn't speak clear English. You probably didn't understand what she said.
[01:24:05.640 --> 01:24:12.640]  That'll work. I'll blame it on her strange foreign accent.
[01:24:12.640 --> 01:24:14.640]  Thank you, guys.
[01:24:14.640 --> 01:24:18.640]  Oh, you gave me just what you needed.
[01:24:18.640 --> 01:24:20.640]  Thank you, Jeff.
[01:24:20.640 --> 01:24:24.640]  Appreciate the logos network and you guys a whole lot. So good night.
[01:24:24.640 --> 01:24:28.640]  Good night. Now we're going to Ted in California.
[01:24:28.640 --> 01:24:31.640]  Hello, Ted. What do you have for us today?
[01:24:31.640 --> 01:24:41.640]  Oh, before you go to that, you sent me a document today about the governor. I got about halfway through it.
[01:24:41.640 --> 01:24:46.640]  Before you get to your questions, you want to address that a little bit?
[01:24:46.640 --> 01:24:53.640]  Well, I just sent it out there for reference that the governor of California is in more and more trouble.
[01:24:53.640 --> 01:24:57.640]  And that's from the Supreme Court.
[01:24:57.640 --> 01:25:16.640]  I was just showing you that the United States Supreme Court is standing up for religious rights in California.
[01:25:16.640 --> 01:25:22.640]  And that these churches that went after the governor are staying in them pretty good.
[01:25:22.640 --> 01:25:33.640]  I read that I got about halfway through it and it sounded like the Supreme was not even a little bit sympathetic to the governor of California.
[01:25:33.640 --> 01:25:38.640]  And I'm seeing that as a trend.
[01:25:38.640 --> 01:25:47.640]  We spoke earlier, we were talking to Jeff about my appearance on the Crow 777 show.
[01:25:47.640 --> 01:26:02.640]  And there he asked me, do you think that these other 20 states who dropped their COVID executive orders,
[01:26:02.640 --> 01:26:08.640]  immediately after Texas did it, did it because of my complaint?
[01:26:08.640 --> 01:26:14.640]  And I told him, no, I don't think that's what it was. Everything's political.
[01:26:14.640 --> 01:26:25.640]  I think what happened was the COVID crisis came along and the governors are sitting here looking at an unknown coming at them.
[01:26:25.640 --> 01:26:27.640]  What do I do?
[01:26:27.640 --> 01:26:31.640]  I really don't have the tools I need to deal with this.
[01:26:31.640 --> 01:26:42.640]  If I sit here and do nothing, every person that dies of COVID within my state, I'll be blamed for.
[01:26:42.640 --> 01:26:46.640]  So what do I do? I don't have the tools.
[01:26:46.640 --> 01:26:52.640]  So one state, and I believe it was California, issued these a bunch of executive orders.
[01:26:52.640 --> 01:26:57.640]  And the other governor said, well, a lot of work. If he can do it, I can do it.
[01:26:57.640 --> 01:27:12.640]  And they all in, I'm losing the word, they all created or initiated these executive orders, issued.
[01:27:12.640 --> 01:27:16.640]  That's the one I was looking for, issued these executive orders.
[01:27:16.640 --> 01:27:25.640]  And the pandemic turned out to be not as horrific as it was originally touted to be.
[01:27:25.640 --> 01:27:31.640]  And there were lots of questions about the validity of the information that we're getting.
[01:27:31.640 --> 01:27:41.640]  And the executive orders dramatically interfered with the local economies.
[01:27:41.640 --> 01:27:43.640]  This didn't screw up national economy.
[01:27:43.640 --> 01:27:45.640]  It did local.
[01:27:45.640 --> 01:27:50.640]  Every single individual in the country was adversely affected by these.
[01:27:50.640 --> 01:27:54.640]  And it didn't take them long to get annoyed about it.
[01:27:54.640 --> 01:27:59.640]  The Michael McConaughey is running for governor in Texas.
[01:27:59.640 --> 01:28:02.640]  He's a Republican in a red state.
[01:28:02.640 --> 01:28:10.640]  And the indication is that if he ran today, he would win.
[01:28:10.640 --> 01:28:19.640]  The public in general, at this point, as it goes to the governors are not paying so much attention to color.
[01:28:19.640 --> 01:28:24.640]  As they are to the fact that the governor interfered with their lives.
[01:28:24.640 --> 01:28:31.640]  So what I think happened was my criminal complaint gave the governor plausible deniability to say,
[01:28:31.640 --> 01:28:35.640]  man, they're going to try to put me in jail if I don't do something.
[01:28:35.640 --> 01:28:36.640]  So I got to get rid of these.
[01:28:36.640 --> 01:28:38.640]  We'll have to do something else.
[01:28:38.640 --> 01:28:39.640]  So he dumps them.
[01:28:39.640 --> 01:28:46.640]  And we've got 20 other states that are seeing this negative press come at them,
[01:28:46.640 --> 01:28:52.640]  especially with guys like Cuomo out there doing really stupid stuff.
[01:28:52.640 --> 01:28:58.640]  We need a way to kind of put this fire out.
[01:28:58.640 --> 01:29:05.640]  So the Texas governor resends all of his executive orders and that gives them an excuse to do the same thing.
[01:29:05.640 --> 01:29:07.640]  I think it's all politics.
[01:29:07.640 --> 01:29:12.640]  I would like to think that I had this effect, but I really don't think that's the case.
[01:29:12.640 --> 01:29:18.640]  I think they were just looking for a reason to rescind all of these.
[01:29:18.640 --> 01:29:27.640]  Well, Randy, you left out maybe the best part and that's the governor of Florida is looking like a rock star.
[01:29:27.640 --> 01:29:29.640]  Tell me about that.
[01:29:29.640 --> 01:29:31.640]  I don't do news.
[01:29:31.640 --> 01:29:34.640]  He didn't go for all of that.
[01:29:34.640 --> 01:29:46.640]  So your break coming up here, but the governor of Florida, he didn't do the lockdown or he got rid of them early on.
[01:29:46.640 --> 01:29:48.640]  Hang on.
[01:29:48.640 --> 01:29:49.640]  Hang on.
[01:29:49.640 --> 01:29:53.640]  Back to go to our sponsors, Randy Kelton, Brett Fountain, Rula Radio.
[01:29:53.640 --> 01:29:55.640]  We'll be right back.
[01:29:55.640 --> 01:30:00.640]  Sorry, soft drink lovers.
[01:30:00.640 --> 01:30:02.640]  Even diet drinks can make you fat.
[01:30:02.640 --> 01:30:07.640]  A new study shows that diet soda drinkers gain much more weight than people who avoid the stuff.
[01:30:07.640 --> 01:30:13.640]  I'm Dr. Katherine Albrecht and I'll be back in a moment with the scoop on supposedly skinny sodas.
[01:30:13.640 --> 01:30:15.640]  Privacy is under attack.
[01:30:15.640 --> 01:30:18.640]  When you give up data about yourself, you'll never get it back again.
[01:30:18.640 --> 01:30:26.640]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.640 --> 01:30:28.640]  So protect your rights.
[01:30:28.640 --> 01:30:32.640]  Say no to surveillance and keep your information to yourself.
[01:30:32.640 --> 01:30:34.640]  Privacy, it's worth hanging on to.
[01:30:34.640 --> 01:30:38.640]  This public service announcement is brought to you by StartPage.com.
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[01:30:45.640 --> 01:30:49.640]  Artificial sweeteners cut the calories and help you lose weight, right?
[01:30:49.640 --> 01:30:50.640]  Wrong.
[01:30:50.640 --> 01:30:55.640]  Researchers at UT San Antonio followed hundreds of diet soda drinkers for nearly a decade.
[01:30:55.640 --> 01:31:02.640]  They found that regularly drinking diet soda expanded people's waistlines five times more than no soda at all.
[01:31:02.640 --> 01:31:05.640]  The study's authors say artificial sweeteners trigger the appetite,
[01:31:05.640 --> 01:31:09.640]  but unlike regular sugars, don't deliver anything to squelch it.
[01:31:09.640 --> 01:31:15.640]  Taking up hunger without satisfying it leads to cravings, which can result in a larger overall calorie intake.
[01:31:15.640 --> 01:31:18.640]  So use natural sweeteners to maintain a healthy weight,
[01:31:18.640 --> 01:31:23.640]  and if you need to shed some pounds, avoid the sweet stuff altogether and drink water instead.
[01:31:23.640 --> 01:31:25.640]  I'm Dr. Catherine Albrecht.
[01:31:25.640 --> 01:31:29.640]  More news and information at CatherineAlbrecht.com.
[01:31:29.640 --> 01:31:35.640]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:35.640 --> 01:31:37.640]  The government says that fire brought it down.
[01:31:37.640 --> 01:31:42.640]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:42.640 --> 01:31:45.640]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.640 --> 01:31:48.640]  Thousands of my fellow force responders are flying.
[01:31:48.640 --> 01:31:49.640]  I'm not a conspiracy theorist.
[01:31:49.640 --> 01:31:50.640]  I'm a structural engineer.
[01:31:50.640 --> 01:31:51.640]  I'm a New York City correction officer.
[01:31:51.640 --> 01:31:52.640]  I'm an Air Force pilot.
[01:31:52.640 --> 01:31:54.640]  I'm a father who lost his son.
[01:31:54.640 --> 01:31:57.640]  We're Americans, and we deserve the truth.
[01:31:57.640 --> 01:32:00.640]  Go to RememberBuilding7.org today.
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[01:32:04.640 --> 01:32:07.640]  In today's America, we live in an us-against-them society,
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[01:32:09.640 --> 01:32:12.640]  then we're going to have to stand and defend our own rights.
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[01:33:31.640 --> 01:33:47.640]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio,
[01:33:47.640 --> 01:33:49.640]  and we're talking to Ted in California.
[01:33:49.640 --> 01:33:52.640]  Okay, Ted, I kind of bushwhacked you on the front end there.
[01:33:52.640 --> 01:33:55.640]  What did you have for us today?
[01:33:55.640 --> 01:33:59.640]  Well, I'm glad you asked, Randy, and hello, Brett.
[01:33:59.640 --> 01:34:02.640]  Okay, there.
[01:34:02.640 --> 01:34:10.640]  Okay, Randy, this all ties into what you've been talking about throughout the show tonight.
[01:34:10.640 --> 01:34:15.640]  I can bring every listener up to speed.
[01:34:15.640 --> 01:34:20.640]  In criminal court, the judge put the public defender on me.
[01:34:20.640 --> 01:34:23.640]  I was defending myself, but I was doing too good a job,
[01:34:23.640 --> 01:34:25.640]  so they ordered the public defender on me.
[01:34:25.640 --> 01:34:33.640]  I immediately turned around and served this public defender with a cease and desist,
[01:34:33.640 --> 01:34:38.640]  which he disobeyed, so I immediately filed a civil lawsuit against him,
[01:34:38.640 --> 01:34:42.640]  and I also named his boss the public defender.
[01:34:42.640 --> 01:34:47.640]  It went before these judges that I have a history with, and I knew where that was going to go,
[01:34:47.640 --> 01:34:56.640]  but the county came in and started representing this public defender, and they did a demur,
[01:34:56.640 --> 01:35:03.640]  and the demur was granted with a first right to amend the lawsuit,
[01:35:03.640 --> 01:35:06.640]  but I had already told the judge that she couldn't hear the case,
[01:35:06.640 --> 01:35:11.640]  so I immediately filed an appeal on her ruling.
[01:35:11.640 --> 01:35:14.640]  Right as soon as she gave her ruling, I filed an appeal.
[01:35:14.640 --> 01:35:19.640]  The appeal is about the fact that I had already recused her for cause,
[01:35:19.640 --> 01:35:22.640]  and she denied the recusal, which she cannot do.
[01:35:22.640 --> 01:35:27.640]  She didn't do it right either, so the case went for the Sixth District Court of Appeal.
[01:35:27.640 --> 01:35:30.640]  Now, let's see how that worked.
[01:35:30.640 --> 01:35:32.640]  No, no, no, I'm talking about the wrong case.
[01:35:32.640 --> 01:35:34.640]  Just hold that thought for a minute.
[01:35:34.640 --> 01:35:39.640]  On the other side of the aisle, the deputy prosecutor,
[01:35:39.640 --> 01:35:46.640]  I sued him in U.S. District Court because after I did a writ of habeas corpus in the criminal case,
[01:35:46.640 --> 01:35:54.640]  he did not produce a warrant, at least not a valid fourth amendment arrest warrant,
[01:35:54.640 --> 01:35:58.640]  so I took that to U.S. District Court for a right of review.
[01:35:58.640 --> 01:36:02.640]  The District Court judge didn't do her job, didn't hold a hearing,
[01:36:02.640 --> 01:36:10.640]  and so when she made her ninth-age ruling, I appealed that to the Ninth Circuit Court of Appeals in San Francisco.
[01:36:10.640 --> 01:36:14.640]  So it's been tooling along for nine months,
[01:36:14.640 --> 01:36:23.640]  and it gets an order for me to write a statement as to why my appeal is not frivolous,
[01:36:23.640 --> 01:36:28.640]  which I read on your show a couple of weeks ago, and you guys kind of liked it.
[01:36:28.640 --> 01:36:38.640]  And subsequent to that, the county lawyer that's now representing the deputy prosecutor
[01:36:38.640 --> 01:36:43.640]  wrote a, you know, opposition to it.
[01:36:43.640 --> 01:36:47.640]  Now, I don't think this is right, and I've thought it up before,
[01:36:47.640 --> 01:36:51.640]  that this lawyer for the county is representing my sub-public defender,
[01:36:51.640 --> 01:36:55.640]  and he's also representing this deputy prosecutor.
[01:36:55.640 --> 01:37:01.640]  That lawyer's representing both sides, and I didn't read it.
[01:37:01.640 --> 01:37:07.640]  I didn't read the opposition he wrote, but a friend of mine did and told me what was in it.
[01:37:07.640 --> 01:37:09.640]  I do that on purpose sometimes.
[01:37:09.640 --> 01:37:16.640]  The bottom line is it's a bunch of garbage, and he didn't address what it's all about.
[01:37:16.640 --> 01:37:20.640]  So I wrote this rebuttal, and I'd like to read it to you.
[01:37:20.640 --> 01:37:22.640]  It's going to be about three minutes,
[01:37:22.640 --> 01:37:27.640]  and it's basically, I come back and I say,
[01:37:27.640 --> 01:37:32.640]  plainest rebuttals to defendant response and amended response.
[01:37:32.640 --> 01:37:33.640]  They wrote two.
[01:37:33.640 --> 01:37:37.640]  They wrote a response and then thought better of it and wrote an amended response,
[01:37:37.640 --> 01:37:44.640]  too, filed both with the night circuit in opposition to my statement why it wasn't frivolous.
[01:37:44.640 --> 01:37:45.640]  So this is me.
[01:37:45.640 --> 01:37:46.640]  Okay.
[01:37:46.640 --> 01:37:48.640]  Let me make one point before you move ahead.
[01:37:48.640 --> 01:37:53.640]  If they filed a response and then an amended response,
[01:37:53.640 --> 01:37:55.640]  you completely ignore the response.
[01:37:55.640 --> 01:38:00.640]  Anything that's in the response is not before the court.
[01:38:00.640 --> 01:38:04.640]  Well, that's why I call in and I learn.
[01:38:04.640 --> 01:38:05.640]  So here we go.
[01:38:05.640 --> 01:38:09.640]  Unless you've already responded to the response,
[01:38:09.640 --> 01:38:14.640]  and then the amended response shows inconsistent statements,
[01:38:14.640 --> 01:38:20.640]  then you can still get back to the original one as a point of reference for their perjury.
[01:38:20.640 --> 01:38:26.640]  Well, now, Brett, I appreciate for several levels of what you just said there,
[01:38:26.640 --> 01:38:31.640]  because now I'm going to go back and read both of them for inconsistencies.
[01:38:31.640 --> 01:38:35.640]  But only if you've responded to the original already.
[01:38:35.640 --> 01:38:36.640]  Correct.
[01:38:36.640 --> 01:38:39.640]  I understand what you're saying, but just for my own,
[01:38:39.640 --> 01:38:42.640]  I want to see what's different in the two.
[01:38:42.640 --> 01:38:43.640]  Yeah.
[01:38:43.640 --> 01:38:45.640]  Anyway, I write this.
[01:38:45.640 --> 01:38:50.640]  And you could use draftable.com for that.
[01:38:50.640 --> 01:38:51.640]  Okay.
[01:38:51.640 --> 01:38:54.640]  Talk about draftable.com for a minute.
[01:38:54.640 --> 01:38:57.640]  Well, it's a site that will compare PDFs,
[01:38:57.640 --> 01:39:03.640]  and it shows it's very handy for analyzing two versions of a document.
[01:39:03.640 --> 01:39:10.640]  I use it to find out what's different when the Texas courts, the txcourts.gov,
[01:39:10.640 --> 01:39:16.640]  puts out a new version of the judicial rules of administration or some other boring stuff.
[01:39:16.640 --> 01:39:21.640]  I've already read through those 118 pages of what the lawyers do wrong,
[01:39:21.640 --> 01:39:25.640]  and when they come out with a slight modification,
[01:39:25.640 --> 01:39:27.640]  I don't want to go poking through there to find it.
[01:39:27.640 --> 01:39:29.640]  It's an evil and a haystack.
[01:39:29.640 --> 01:39:36.640]  But if you just upload old and new to this draftable.com, it highlights for you,
[01:39:36.640 --> 01:39:40.640]  here's what changed on page 17, they changed it from saying this to this,
[01:39:40.640 --> 01:39:44.640]  and you can just put it right there.
[01:39:44.640 --> 01:39:45.640]  I love it.
[01:39:45.640 --> 01:39:47.640]  Yeah.
[01:39:47.640 --> 01:39:52.640]  And if the document is in a way that can't really be understood,
[01:39:52.640 --> 01:40:01.640]  I mean, it takes PDFs, but if you are given something else that can't be parsed,
[01:40:01.640 --> 01:40:06.640]  in the worst case scenario, you could just run it through an OCR,
[01:40:06.640 --> 01:40:09.640]  and then let the optical character recognition,
[01:40:09.640 --> 01:40:15.640]  and then let the mistakes just kind of glaze past those mistakes
[01:40:15.640 --> 01:40:20.640]  and look for the part where there really was something changed.
[01:40:20.640 --> 01:40:22.640]  Okay, I'm going to do that.
[01:40:22.640 --> 01:40:27.640]  So basically, I knew I had a rebuttal,
[01:40:27.640 --> 01:40:32.640]  and by the way, this is another lesson for people, I called up to the Ninth Circuit
[01:40:32.640 --> 01:40:35.640]  and said, hey, they sent me their opposition,
[01:40:35.640 --> 01:40:38.640]  they kind of pulled some tricky stuff with the mail,
[01:40:38.640 --> 01:40:41.640]  and you know, I am going to write a rebuttal,
[01:40:41.640 --> 01:40:45.640]  and the first clerk said, rebuttal, what's that?
[01:40:45.640 --> 01:40:47.640]  Wow.
[01:40:47.640 --> 01:40:49.640]  Well, she didn't say it.
[01:40:49.640 --> 01:40:51.640]  Those are not her exact words, but she said,
[01:40:51.640 --> 01:40:53.640]  well, I don't know about rebuttal.
[01:40:53.640 --> 01:40:57.640]  I said, well, in every court I've been in, you have a right to rebuttal
[01:40:57.640 --> 01:41:01.640]  on somebody's statements, and I'm going to be sending in a rebuttal.
[01:41:01.640 --> 01:41:04.640]  I called a few days later, and another clerk said, oh yeah,
[01:41:04.640 --> 01:41:09.640]  you get a rebuttal, but you're out of time, blah, blah, blah.
[01:41:09.640 --> 01:41:11.640]  So anyway, here it is, guys.
[01:41:11.640 --> 01:41:15.640]  I write, you know, plaintiff's rebuttal to defendant's response
[01:41:15.640 --> 01:41:18.640]  that the appeal is not frivolous.
[01:41:18.640 --> 01:41:21.640]  The matter before this honorable court is
[01:41:21.640 --> 01:41:24.640]  that the U.S. District Court was obligated to call
[01:41:24.640 --> 01:41:27.640]  an evidentiary hearing under right of review.
[01:41:27.640 --> 01:41:30.640]  To determine if a valid arrest warrant exists,
[01:41:30.640 --> 01:41:34.640]  and if not, issue a written mandate to stop the continued violation
[01:41:34.640 --> 01:41:37.640]  of plaintiff's constitutional rights.
[01:41:37.640 --> 01:41:39.640]  Defendant appellee's response and amended response
[01:41:39.640 --> 01:41:43.640]  must be rejected and stricken from the record as scandalous.
[01:41:43.640 --> 01:41:45.640]  It is nothing more than hearsay of a deputy county
[01:41:45.640 --> 01:41:50.640]  of Santa Clara lawyer, and then in parentheses I put employee.
[01:41:50.640 --> 01:41:53.640]  The federal rule of civil procedure 12F allows this court
[01:41:53.640 --> 01:41:56.640]  to strike from a pleading of insufficient defense,
[01:41:56.640 --> 01:42:00.640]  or any redundant, immaterial, impertinent, or scandalous matter.
[01:42:00.640 --> 01:42:04.640]  Defendant's actions at the issue are employee misconduct,
[01:42:04.640 --> 01:42:08.640]  and then in parentheses I put wrongful acts under code of law.
[01:42:08.640 --> 01:42:12.640]  The defendant is not, your dog likes it,
[01:42:12.640 --> 01:42:18.640]  the defendant is not entitled to free taxpayer-funded defense counsel.
[01:42:18.640 --> 01:42:22.640]  Even more scandalous is that this very deputy county counsel,
[01:42:22.640 --> 01:42:26.640]  Jose Martinez, is representing Santa Clara County Deputy
[01:42:26.640 --> 01:42:28.640]  Public Defender Gregory Howard Goldman,
[01:42:28.640 --> 01:42:31.640]  that plaintiff appellant, Sidney Scarlett,
[01:42:31.640 --> 01:42:36.640]  is suing in case number 19CV360335
[01:42:36.640 --> 01:42:38.640]  for his continued interference and trespass
[01:42:38.640 --> 01:42:43.640]  in the state court case C1503585.
[01:42:43.640 --> 01:42:47.640]  This is evident in support of some kind of RICO scheme
[01:42:47.640 --> 01:42:52.640]  between Santa Clara DA, the Santa Clara Public Defender's Office,
[01:42:52.640 --> 01:42:57.640]  Santa Clara County, and judges in the Santa Clara County Superior Court
[01:42:57.640 --> 01:43:01.640]  in conspiracy to convict plaintiff appellant Sidney Scarlett
[01:43:01.640 --> 01:43:05.640]  of a non-crime and deprived him of his home of 35 years.
[01:43:05.640 --> 01:43:09.640]  This case would have been dismissed six years ago if it was anything else.
[01:43:09.640 --> 01:43:13.640]  Further, plaintiff appellant Sidney Scarlett
[01:43:13.640 --> 01:43:17.640]  had through FOIA request obtained Santa Clara County Records proof
[01:43:17.640 --> 01:43:20.640]  of substantial money payments and other monetary rewards
[01:43:20.640 --> 01:43:23.640]  to judges desiding on the benches of the Santa Clara Superior Court
[01:43:23.640 --> 01:43:26.640]  on average $60,000 per year.
[01:43:26.640 --> 01:43:29.640]  And in the case of the judges' research further,
[01:43:29.640 --> 01:43:33.640]  they have received payments totaling an excess of $350,000.
[01:43:33.640 --> 01:43:38.640]  This is not disclosed to litigants coming before the judges.
[01:43:38.640 --> 01:43:41.640]  This is a violation of federal law, Title 18,
[01:43:41.640 --> 01:43:45.640]  USC 1341, this court must take notice of the potential crime.
[01:43:45.640 --> 01:43:47.640]  And I'll talk about this on the other side.
[01:43:47.640 --> 01:43:48.640]  Okay, hang on.
[01:43:48.640 --> 01:43:51.640]  Go into our sponsors, Randy Kelton, Brett Fountain,
[01:43:51.640 --> 01:43:54.640]  Rural Radio, we'll be right back.
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[01:47:00.640 --> 01:47:02.640]  Okay, we are back.
[01:47:02.640 --> 01:47:05.640]  Randy Kelton, Brett Mountain, Lulavlalradio,
[01:47:05.640 --> 01:47:07.640]  and we're talking to Ted in California.
[01:47:07.640 --> 01:47:10.640]  Okay, Ted, go ahead.
[01:47:10.640 --> 01:47:16.640]  Okay, so let me just bring this in as well.
[01:47:16.640 --> 01:47:21.640]  So I wrote this up, got it mailed off Monday
[01:47:21.640 --> 01:47:24.640]  to the court.
[01:47:24.640 --> 01:47:26.640]  To Wednesday morning,
[01:47:26.640 --> 01:47:28.640]  I called the court telling them, hey,
[01:47:28.640 --> 01:47:30.640]  it's on the way, it should be there,
[01:47:30.640 --> 01:47:32.640]  and you know, I want to let you know,
[01:47:32.640 --> 01:47:39.640]  I've written this, what do I call it, rebuttal.
[01:47:39.640 --> 01:47:41.640]  And they said, okay,
[01:47:41.640 --> 01:47:44.640]  and you know, the case is in the motion department right now.
[01:47:44.640 --> 01:47:48.640]  Okay, I called at the end of the day today,
[01:47:48.640 --> 01:47:50.640]  about 4 p.m.,
[01:47:50.640 --> 01:47:55.640]  and the clerk said, well, the case has been reopened.
[01:47:55.640 --> 01:47:58.640]  And yes, we have your rebuttal.
[01:47:58.640 --> 01:48:02.640]  So that means between Wednesday when I talked to them,
[01:48:02.640 --> 01:48:05.640]  sometime between Wednesday and sometime Friday,
[01:48:05.640 --> 01:48:09.640]  I guess they had actually dismissed the case.
[01:48:09.640 --> 01:48:15.640]  But what I'm reading to you right now apparently got it reopened.
[01:48:15.640 --> 01:48:20.640]  So I'll, where I, what I was, wait a minute, wait a minute,
[01:48:20.640 --> 01:48:23.640]  wait a minute, you lost me there.
[01:48:23.640 --> 01:48:25.640]  Dismissed the case.
[01:48:25.640 --> 01:48:28.640]  Is this your case against them that they dismissed?
[01:48:28.640 --> 01:48:30.640]  Yes.
[01:48:30.640 --> 01:48:31.640]  Oh, okay.
[01:48:31.640 --> 01:48:35.640]  This appeal that I'm writing this paper for,
[01:48:35.640 --> 01:48:40.640]  to the Ninth Circuit Court of Appeals.
[01:48:40.640 --> 01:48:44.640]  So they dismissed on my statement and their opposition,
[01:48:44.640 --> 01:48:50.640]  and now my rebuttal apparently got it reopened.
[01:48:50.640 --> 01:48:53.640]  So what I said was that through a four-year request,
[01:48:53.640 --> 01:48:56.640]  I'm seeing the judges are being paid by the county,
[01:48:56.640 --> 01:49:00.640]  and the judges are receiving about $60,000 a year,
[01:49:00.640 --> 01:49:04.640]  and some judges have received as much as $350,000.
[01:49:04.640 --> 01:49:10.640]  This is a violation of Federal Law Title 18 U.S. Code 1341.
[01:49:10.640 --> 01:49:14.640]  This court must now take notice of the potential crimes.
[01:49:14.640 --> 01:49:18.640]  The Defendant Council attempts to abuse and focus the court,
[01:49:18.640 --> 01:49:23.640]  court on plaintiff's statements that were provided as background to the court,
[01:49:23.640 --> 01:49:27.640]  and as somehow that proves the plaintiff's case is frivolous.
[01:49:27.640 --> 01:49:31.640]  It is what the Defendant Council does not address in his immaterial,
[01:49:31.640 --> 01:49:35.640]  impertinent, and scandalous response that is the only issue before this court.
[01:49:35.640 --> 01:49:39.640]  The elephant in the room is that no arrest warrant exists,
[01:49:39.640 --> 01:49:41.640]  and the plaintiff's defendant, Sidney Scholl,
[01:49:41.640 --> 01:49:43.640]  his rights are being violated ongoing,
[01:49:43.640 --> 01:49:47.640]  and Defendant Council Jose Martinez knows this,
[01:49:47.640 --> 01:49:52.640]  and that is why he does not address this one and only cause of action before the court,
[01:49:52.640 --> 01:49:56.640]  right of review to determine if a valid warrant exists.
[01:49:56.640 --> 01:49:59.640]  A false arrest has occurred.
[01:49:59.640 --> 01:50:03.640]  The inferior court is being moved under color of law without jurisdiction.
[01:50:03.640 --> 01:50:06.640]  The U.S. District Court failed to protect rights,
[01:50:06.640 --> 01:50:09.640]  this honorable court should direct this U.S. District Court
[01:50:09.640 --> 01:50:15.640]  or this court on its own issue a writ of mandate upon the finding that there is no valid arrest warrant.
[01:50:15.640 --> 01:50:19.640]  The following does background is that a false arrest occurred
[01:50:19.640 --> 01:50:23.640]  of plaintiff's repellent, Sidney Scarlett, on February 11th, 2015,
[01:50:23.640 --> 01:50:26.640]  and after exhaustive and protracted litigation almost six and a half years,
[01:50:26.640 --> 01:50:30.640]  110 hearings that included a writ of habeas corpus,
[01:50:30.640 --> 01:50:33.640]  demanding Defendant Appellee produce a valid fourth amendment arrest warrant,
[01:50:33.640 --> 01:50:39.640]  Defendant Amir Reza Alam failed to do so in court as commanded,
[01:50:39.640 --> 01:50:42.640]  therefore admitting no valid arrest warrant exists.
[01:50:42.640 --> 01:50:49.640]  Defendant Amir knows that he, they are operating under color of law with no authority
[01:50:49.640 --> 01:50:53.640]  or subject matter jurisdiction in a malicious, targeted prosecution.
[01:50:53.640 --> 01:50:56.640]  Subject matter jurisdiction can be challenged at any time
[01:50:56.640 --> 01:51:00.640]  and must be proven, see Trenzy v. Pagliaro.
[01:51:00.640 --> 01:51:09.640]  Okay, this is, I want to comment, this is how it's done.
[01:51:09.640 --> 01:51:20.640]  The hardest thing when you're in the middle of a fight is to avoid getting sucked down a rabbit hole.
[01:51:20.640 --> 01:51:26.640]  They tried to lead you off, they drug a red herring across your path
[01:51:26.640 --> 01:51:28.640]  and you're not going for it.
[01:51:28.640 --> 01:51:33.640]  That's, when people are in these fights, we respond emotionally to what they do
[01:51:33.640 --> 01:51:38.640]  and they use that to lead us off on a false issue.
[01:51:38.640 --> 01:51:43.640]  Ted, you have got to be making these guys crazy.
[01:51:43.640 --> 01:51:45.640]  This is how it's done.
[01:51:45.640 --> 01:51:47.640]  Okay, go ahead.
[01:51:47.640 --> 01:51:51.640]  No, Randy, what this talks about, even the style of writing,
[01:51:51.640 --> 01:51:55.640]  if you notice I repeat myself a couple of times
[01:51:55.640 --> 01:52:01.640]  and you taught me over the phone about your main statement
[01:52:01.640 --> 01:52:06.640]  needs to be at least three times in the document, in the beginning, in the middle, in the end
[01:52:06.640 --> 01:52:12.640]  and then I'm also using the style that you guys say that the lawyers,
[01:52:12.640 --> 01:52:19.640]  you commented earlier, I'm intermixing cases within my statement
[01:52:19.640 --> 01:52:27.640]  and it's a style, I don't know how it came to it but maybe from reading, pleadings, I don't know
[01:52:27.640 --> 01:52:34.640]  and I go on in this document and basically I bring up the Administrative Procedures Act
[01:52:34.640 --> 01:52:45.640]  and my help, the guy that started all this or had me file this case in U.S. District Court
[01:52:45.640 --> 01:52:49.640]  I thought he understood this right of review and I think he did
[01:52:49.640 --> 01:52:55.640]  and I kept pounding on him to give me the statute and code that the U.S. District Court must follow
[01:52:55.640 --> 01:53:01.640]  because when you're in the District Court, you have to tell them that they have jurisdiction,
[01:53:01.640 --> 01:53:06.640]  why they have jurisdiction and what they're supposed to do based on their statute and code
[01:53:06.640 --> 01:53:12.640]  and if you get to that point, I think you can, you know, force them to do what they're supposed to do
[01:53:12.640 --> 01:53:17.640]  and I go on in the document and I bring up the jurisdictional statement, you know,
[01:53:17.640 --> 01:53:21.640]  the Constitution vests states courts with authority to hear cases
[01:53:21.640 --> 01:53:26.640]  and then I go on and state constitutional law, U.S. Constitution Article 3, Section 2,
[01:53:26.640 --> 01:53:30.640]  Congress vests federal district courts under 28 U.S.D. 1331
[01:53:30.640 --> 01:53:34.640]  with subject matter jurisdiction over cases involving questions of law
[01:53:34.640 --> 01:53:38.640]  and then I go in short and claim statement of the claim, a false arrest occurred on, you know,
[01:53:38.640 --> 01:53:45.640]  February 11, 2013 of me and the arrest, you know, and it's just a very short one paragraph,
[01:53:45.640 --> 01:53:50.640]  you know, what it is and then I give them further references all about the right of review
[01:53:50.640 --> 01:53:57.640]  and that's the end of this and then I think at the very end, I think again,
[01:53:57.640 --> 01:54:02.640]  I told, well, I already told them that, you know, what they should do
[01:54:02.640 --> 01:54:08.640]  and I have a sovereign immunity, okay, so they don't have sovereign immunity
[01:54:08.640 --> 01:54:15.640]  under the longstanding office suit of fiction recognized as ex parte young 209 U.S.
[01:54:15.640 --> 01:54:22.640]  123-1908 suits against government officers seeking perspective equitable relief
[01:54:22.640 --> 01:54:25.640]  are not barred by the doctrine of sovereign immunity
[01:54:25.640 --> 01:54:30.640]  where applicable section 702 of the APA also waives the sovereign immunity
[01:54:30.640 --> 01:54:34.640]  for the federal government for actions in federal court where the plaintiff is seeking relief
[01:54:34.640 --> 01:54:38.640]  other than money damages and I'm not seeking money.
[01:54:38.640 --> 01:54:45.640]  Okay, so then I go in the venue and I tell them under 28 U.S.D. 1391 E that the venue is proper
[01:54:45.640 --> 01:54:49.640]  and, you know, and then I talk about enforcement action and so on
[01:54:49.640 --> 01:54:56.640]  and then I just, I leave with my, you know, I certify the document
[01:54:56.640 --> 01:55:05.640]  because unlike a lawyer, I'm both writing a declaration and the pleading in one.
[01:55:05.640 --> 01:55:10.640]  If I really want to get good, I'll write a pleading and then I'll write my declaration
[01:55:10.640 --> 01:55:15.640]  separate as in support of, you know, the drill.
[01:55:15.640 --> 01:55:19.640]  Yes, but I don't see anything wrong with what you're doing.
[01:55:19.640 --> 01:55:20.640]  No.
[01:55:20.640 --> 01:55:22.640]  There's a rule that you're following.
[01:55:22.640 --> 01:55:29.640]  I just read a document by someone today and it was pretty well written
[01:55:29.640 --> 01:55:33.640]  but I had one particular complaint with it.
[01:55:33.640 --> 01:55:40.640]  He repeatedly made proactive statements of law out of his own mouth
[01:55:40.640 --> 01:55:46.640]  and when I told him that, he said, I'm not sure I understand what you mean by that.
[01:55:46.640 --> 01:55:53.640]  Ted, you obviously understood what I meant by that.
[01:55:53.640 --> 01:55:57.640]  You didn't say, well, you're supposed to do this, you're supposed to do that.
[01:55:57.640 --> 01:56:06.640]  Every time you stated that the court had a duty, you cited the duty specifically.
[01:56:06.640 --> 01:56:09.640]  This is how it's done.
[01:56:09.640 --> 01:56:16.640]  Well, again, Randy, it's from reading, pleading, mainly appellate stuff
[01:56:16.640 --> 01:56:20.640]  and even stuff that's going up to the US Supreme Court
[01:56:20.640 --> 01:56:25.640]  because this is where you see where people make mistakes along the way.
[01:56:25.640 --> 01:56:31.640]  Like I said, I think this document was rushed
[01:56:31.640 --> 01:56:37.640]  but I think it's good enough and I think it's caused a real problem
[01:56:37.640 --> 01:56:43.640]  because like I said, it sounds like from my phone call, checking on this case today with the clerk,
[01:56:43.640 --> 01:56:48.640]  the case got closed out but it got reopened because of this document.
[01:56:48.640 --> 01:56:52.640]  I just read a portion to you.
[01:56:52.640 --> 01:57:00.640]  From what I heard, the primary thing you did is state on point.
[01:57:00.640 --> 01:57:04.640]  They were trying to lead the court off point and you drug them back to point
[01:57:04.640 --> 01:57:06.640]  and didn't go down the rabbit holes.
[01:57:06.640 --> 01:57:10.640]  That was really good too, the way that you not only said, hey, this is the elephant in the room
[01:57:10.640 --> 01:57:16.640]  but you also pointed a finger squarely at the prosecutor and said he knows it.
[01:57:16.640 --> 01:57:17.640]  Right.
[01:57:17.640 --> 01:57:22.640]  I thought that was very fitting because it's not just that, oh yeah, we got distracted talking about other issues
[01:57:22.640 --> 01:57:27.640]  and no, this is the issue and he knows it.
[01:57:27.640 --> 01:57:29.640]  Well, that was great.
[01:57:29.640 --> 01:57:40.640]  Yeah, he's defending the deputy prosecutor and like I said, everything he said is hearsay.
[01:57:40.640 --> 01:57:47.640]  It's ridiculous plus he's trying to represent my public defender
[01:57:47.640 --> 01:57:51.640]  and he's representing the guy that's prosecuting me.
[01:57:51.640 --> 01:57:56.640]  This has got to be wrong and I'm going to file a bar complaint on it
[01:57:56.640 --> 01:58:01.640]  and we'll see where this goes.
[01:58:01.640 --> 01:58:08.640]  I intend the night circuit to go to the Supreme Court.
[01:58:08.640 --> 01:58:11.640]  Okay, we're about to go to our sponsors.
[01:58:11.640 --> 01:58:13.640]  Are you going to have something on the other side, Ted?
[01:58:13.640 --> 01:58:14.640]  No, that's it.
[01:58:14.640 --> 01:58:15.640]  I'm done.
[01:58:15.640 --> 01:58:16.640]  Thank you so much.
[01:58:16.640 --> 01:58:18.640]  Okay, very good.
[01:58:18.640 --> 01:58:22.640]  You're why we do this show.
[01:58:22.640 --> 01:58:27.640]  Now, we are going to take complete credit for everything that you did.
[01:58:27.640 --> 01:58:28.640]  You know that.
[01:58:28.640 --> 01:58:31.640]  And you can have it.
[01:58:31.640 --> 01:58:35.640]  Okay, thank you, Ted.
[01:58:35.640 --> 01:58:39.640]  Randy Kelton, Brett Fountain, rule of our radio.
[01:58:39.640 --> 01:58:43.640]  We're going to have one slot open as soon as Ted drops off
[01:58:43.640 --> 01:58:48.640]  so our call in number is 512-646-1984.
[01:58:48.640 --> 01:58:49.640]  We'll be right back.
[01:58:49.640 --> 01:58:53.640]  The Bible remains the most popular book in the world,
[01:58:53.640 --> 01:58:57.640]  yet countless readers are frustrated because they struggle to understand it.
[01:58:57.640 --> 01:59:01.640]  Some new translations try to help by simplifying the text,
[01:59:01.640 --> 01:59:06.640]  but in the process can compromise the profound meaning of the Scripture.
[01:59:06.640 --> 01:59:08.640]  Enter the recovery version.
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[01:59:21.640 --> 01:59:27.640]  providing an entrance into the riches of the Word beyond which you've ever experienced before.
[01:59:27.640 --> 01:59:32.640]  Bibles for America would like to give you a free recovery version simply for the asking.
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[01:59:46.640 --> 01:59:49.640]  That's freestudybible.com.