ROL_2021-06-10_16k.timecode
[00:00.000 --> 00:06.800] The following news flash is brought to you by The Lone Star Lowdown.
[00:06.800 --> 00:13.200] Markets for Monday the 22nd of July 2019 open with Precious Metals, Gold $1,429 an ounce,
[00:13.200 --> 00:21.440] Silver $16.45 an ounce, Copper $2.75 an ounce, Oil, Texas Crude $55.63 a barrel, Brent Crude
[00:21.440 --> 00:29.840] $62.47 a barrel, and Cryptos in order of Market Cap, Bitcoin Core $10,566.52, Ethereum $200.00
[00:29.840 --> 00:41.440] $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:45.840 --> 00:52.400] Today in history, the year 1916, the preparedness day bombing, a Thai suitcase bomb was detonated
[00:52.400 --> 00:57.360] on Market Street in San Francisco during the World War I preparedness day parade,
[00:57.360 --> 01:00.240] killing 10 and injuring 40 today in history.
[01:04.480 --> 01:09.440] And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing heaven to
[01:09.440 --> 01:14.080] tax his law back in June, county prosecutors around the state, including Houston, Austin,
[01:14.080 --> 01:18.080] and San Antonio have been dropping marijuana possession charges and even refusing to file
[01:18.080 --> 01:22.640] new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:22.640 --> 01:27.760] to test the herb for THC. Margaret Moore, the Travis County District Attorney, announced earlier
[01:27.760 --> 01:32.400] this month that she was dismissing 32 felony possession and delivery of marijuana cases
[01:32.400 --> 01:37.040] because of the law. Mr. Abbott and other state officials, including the Attorney General stipulated
[01:37.040 --> 01:42.080] in a letter to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.080 --> 01:48.320] in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as well
[01:48.320 --> 01:54.880] as other cities, too, like the District Attorney in El Paso, Kaima Esparza, a Democrat who also
[01:54.880 --> 01:59.600] stated earlier this month that the law, quote, will not have an effect on the prosecution
[01:59.600 --> 02:05.040] of marijuana cases in El Paso. However, the issue was succinctly summarized by Mr. Brandon Ball,
[02:05.040 --> 02:09.760] an assistant public defender in Harris County, who stated that, quote, the law is constantly
[02:09.760 --> 02:14.160] changing on what makes something illegal based on its chemical makeup. It's important that if
[02:14.160 --> 02:23.120] someone is charged with something, the test matches what they're charged with. A paper by
[02:23.120 --> 02:28.640] Tulane University identified a five and a half inch American pocket shark. As the first of its kind
[02:28.640 --> 02:34.640] in the Gulf of Mexico, the specimen being only the second pocket shark ever captured or recorded
[02:34.640 --> 02:39.600] with the other one being found way back in 1979 in the East Pacific Ocean. According to the
[02:39.600 --> 02:45.760] university paper, the shark secretes a luminous fluid from a gland near its front fins for the
[02:45.760 --> 02:54.640] purposes hypothesized to lure and prey who may be drawn into the glow. This is Rick Rody with your
[02:54.640 --> 03:10.720] lowdown for July 22, 2019.
[03:25.360 --> 03:32.400] Yeah, bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:32.400 --> 03:38.160] Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:38.160 --> 03:43.680] When you were eight and you had bad dreams, you'd go to school and earn the gold and lose.
[03:43.680 --> 03:49.040] So why are you acting like a fluffy fool if you get mad and you must just clue?
[03:49.040 --> 03:54.480] Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:54.480 --> 04:00.080] Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:02.240 --> 04:09.120] Okay, howdy, howdy, Randy Kelton, Brett Fountain, rule of our radio on this, the 10th of June,
[04:09.840 --> 04:14.640] this Thursday, the 10th of June, 2000 and what year was it, Brett?
[04:14.640 --> 04:20.560] Well, we must be up to at least 2020 by now. We can do better than that.
[04:21.600 --> 04:28.880] 2021. 2021, okay. And Brett, I understand you were at the federal courthouse causing trouble.
[04:30.640 --> 04:33.920] Well, I guess you could say that. I didn't intend to cause any trouble.
[04:34.800 --> 04:44.000] I went over there with the imagination, I guess you could say, that things might go according
[04:44.000 --> 04:51.680] to the law. We got this, somebody that was reaching out for some help up in Connecticut
[04:52.720 --> 04:59.200] and her husband got arrested and apparently it all stemmed from some kind of
[05:00.000 --> 05:04.880] Zoom call. He was supposed to go to some, he had gotten a ticket or something and he was supposed
[05:04.880 --> 05:11.360] to show up for a Zoom hearing but they never sent him the URL. He didn't know he was supposed to show
[05:11.360 --> 05:16.800] up so he issued a warrant for his arrest because he didn't, he was a failure to appear warrant.
[05:18.320 --> 05:24.240] Now, fast forward two years later, he didn't know anything about it and he's out of state,
[05:24.240 --> 05:27.520] got arrested and he's sitting there waiting right now for extradition.
[05:30.000 --> 05:33.920] And he's been there for weeks, I don't know, maybe a month.
[05:33.920 --> 05:45.280] And so it's kind of going in the face of all sorts of due process violations left and right for him.
[05:46.000 --> 05:53.200] Well, my wife and I called to this lady just to encourage her and talk her through. She
[05:53.200 --> 05:56.640] doesn't know really anything about the law and she's beside herself. She doesn't know what to do
[05:56.640 --> 06:04.000] with this situation. I want my husband back, right? So we talked with her, prayed with her,
[06:04.000 --> 06:10.240] just gave her some encouragement and next thing you know, we have a prosecutor
[06:11.360 --> 06:16.480] way up in New England where these people are, same county. This prosecutor starts
[06:16.480 --> 06:25.600] trying to do unwarranted search and seizure of my wife's personal sensitive information.
[06:28.080 --> 06:31.120] I didn't think that was right. Constitution says it's not right.
[06:33.120 --> 06:40.480] So I filed federal criminal charges against this dude. It's up there doing willy-dilly
[06:40.480 --> 06:47.040] searches that are unreasonable searches. He's going to have a warrant. I did a record request
[06:47.040 --> 06:54.560] and found out there aren't any. And he doesn't have any affidavits. There's supposed to be
[06:54.560 --> 07:03.600] an oath or affirmation in support of the issuance of a warrant. They don't exist. So this guy's
[07:03.600 --> 07:12.400] a criminal. I went in there to the federal courthouse today and boy, I got blocked at every
[07:12.400 --> 07:18.720] turn. Randy, they didn't want me in there. They didn't want me to be in there, start out with,
[07:18.720 --> 07:24.080] you know, from the beginning. It was mask. It was, we don't allow anybody in here unless they
[07:24.080 --> 07:31.360] have a photo ID and so then they're going to hold on to this and that. And it was a bunch of crimes,
[07:31.360 --> 07:35.280] one after the other, that they wouldn't identify themselves at all. They don't have badges.
[07:36.080 --> 07:42.240] There were seven of them. And, you know, as soon as they saw the slightest little bit of,
[07:43.040 --> 07:48.080] wait a second, this guy's not doing everything the way we want. They all started kind of bowing
[07:48.080 --> 07:53.280] up and doing their little, you know, swaggering thing. You know what I'm talking about. Yes.
[07:54.800 --> 07:58.640] Very familiar with that. And they perched their little thumbs in their
[07:58.640 --> 08:06.480] belt and they start asking, so what seems to be the problem? And, you know, that whole scene.
[08:08.240 --> 08:13.440] Well, all of a sudden, I ended up leaving the criminal complaint with the clerk because
[08:14.560 --> 08:20.160] they started out telling me that we only have one magistrate judge that's in the building right
[08:20.160 --> 08:27.760] now and you can't see her. Oh, I can't see her. Why is that? Oh, well, you can't just come in off
[08:27.760 --> 08:33.200] the street like that. You have to have an appointment if you want to see her. Besides,
[08:33.200 --> 08:38.000] if you're bringing a criminal complaint in here, are you the guy that called up here? You're bringing
[08:38.000 --> 08:43.840] a criminal complaint. That has to go through the U.S. Attorney. So I appreciate your legal advice
[08:43.840 --> 08:48.400] and I didn't really ask for it, but thank you. I realize that might be the way that you normally
[08:48.400 --> 08:54.640] do things. Can I go now? I'm looking to go and meet with the magistrate judge. Are you going to
[08:54.640 --> 09:03.920] block me or point the way? They didn't like that. They didn't seem to appreciate that I had another
[09:03.920 --> 09:08.160] idea. They all started crowding around and doing, you know, shoulder to shoulder. They're going to
[09:08.160 --> 09:15.600] make sure that it wasn't easy for me. By the time it's all said and done, I've got a lineup of
[09:16.160 --> 09:21.840] state crimes that these guys have committed. And of course, early, you know, in Texas,
[09:21.840 --> 09:27.840] when you get seven of them together, that technically became known as a riot.
[09:31.280 --> 09:39.680] We've got, finally, one of them told me, I was wondering, where are these weird rules coming
[09:39.680 --> 09:47.360] from? Like, why is it that I have to show photo ID and I have to do all this stuff and, you know,
[09:47.360 --> 09:51.440] I'm fine if they want me to, whatever, take off my belt. They kept on saying, well, it's like the
[09:51.440 --> 09:59.600] airport. It's like the airport. They don't let me have an iPad in there, had my iPad along with me.
[10:00.720 --> 10:07.200] They told me, two of them told me, Randy, can you believe this? I said, if you don't take your iPad
[10:07.200 --> 10:12.400] back to your car right now, iPads are only for attorneys. If you bring a tablet in here and
[10:12.400 --> 10:21.200] you're not an attorney, I could throw you in jail. Oh, wow, threatening to throw me in jail
[10:21.200 --> 10:26.560] for not being an attorney and for having an iPad. What's your name? Can I have a business card, please?
[10:27.280 --> 10:31.200] No. What's your name? I don't have to give you any identification.
[10:32.800 --> 10:39.520] We got a bunch of them that are about to have to answer to some state magistrates about this,
[10:39.520 --> 10:48.160] right? Exactly. Interesting part is there are no federal courthouses in the state of Texas
[10:48.160 --> 10:57.040] that have been ceded by the state of Texas to the federal government. That means that the
[10:57.040 --> 11:06.000] federal government is merely leasing or renting that space, and that space is in this state,
[11:07.600 --> 11:17.360] and therefore the penal laws of this state apply. Exactly. If someone gets shot in the
[11:17.360 --> 11:25.120] federal courthouse, there was a movie years ago called the Presidio. San Diego Marine Base,
[11:25.680 --> 11:33.040] someone was murdered on the base. The Marines did not have jurisdiction. The local sheriff had
[11:33.040 --> 11:39.760] jurisdiction because the Marine Base had not been ceded to the federal government. Generally,
[11:39.760 --> 11:49.440] the only places that are ceded to the federal government are major deepwater ports, post offices,
[11:49.440 --> 11:55.120] and federal prisons. Federal prisons, that's so that the feds can hire their own jailguards.
[11:56.880 --> 12:01.680] The courthouse has not been ceded to the federal government. It's still in this state,
[12:01.680 --> 12:08.720] and the laws of this state still apply. That's my story and I'm sticking to it.
[12:11.920 --> 12:17.120] Yeah, I thought I might have a day today. This would be a call 9-1-1 and have an officer to
[12:17.120 --> 12:24.160] come out and arrest. What's your name? As it turned out, I reached for my phone and I thought,
[12:24.160 --> 12:28.000] man, I already complied with their other thing. I already put the phone back in the car sheet.
[12:28.000 --> 12:35.840] I got nothing to call with, but maybe another day I would do it that way. I have to send my
[12:35.840 --> 12:42.400] offspring back to the car as well because we were kind of making a group deal out of it.
[12:44.160 --> 12:49.200] I even have one of these guys, one of the officers that was bowing up with his bulletproof
[12:49.200 --> 12:58.560] suit and his thumbs and his sides of his chest. If their hand gets anywhere near their pistol,
[12:58.560 --> 13:04.800] first degree funneling aggravated assault. Let them explain why it's not.
[13:08.320 --> 13:12.880] I had one of them tell me I wasn't being a very good father because I should demonstrate to my
[13:12.880 --> 13:19.280] son that I comply with all the orders. And I said, can you show me some orders? What orders?
[13:20.560 --> 13:24.320] And he went back behind his little plastic glass thing.
[13:29.040 --> 13:33.040] Oh, you really needed that on video. That was great.
[13:35.600 --> 13:39.840] Well, it was an experience, that's for sure. And I imagined they're about to have their own
[13:39.840 --> 13:50.480] version of an experience. You need a video pin so you can record them
[13:51.680 --> 13:57.280] without them knowing it. This is Texas. And if you are a party to an interaction,
[13:58.320 --> 14:04.080] then you can record it. If someone else is having an interaction with a third party
[14:04.080 --> 14:10.480] and they are in a position to such that a reasonable person of ordinary prudence would
[14:10.480 --> 14:17.920] construe that you could hear the conversation, they have no reasonable expectation of privacy.
[14:20.240 --> 14:28.400] So I went through the metal detector and foreworth and I put my phone on the belt
[14:28.400 --> 14:36.400] and it had an aluminum metal clip on the back and the officer there looked at that and he said,
[14:36.400 --> 14:41.200] well, that's interesting. You mind if I ask what is that for? Well, first he asked,
[14:41.200 --> 14:47.440] where did you get that? I said, I got made it. You mind if I ask what it's for? I said, oh,
[14:47.440 --> 14:53.600] yeah, sure, sure. So I stick it in my pocket here and I clip that clip on my pocket and it keeps the
[14:53.600 --> 15:00.560] camera up above the lip of the pocket. He said, have you been recording us without our permission?
[15:00.560 --> 15:08.960] Oh, yeah, I do that all the time. And they just looked at each other and like they're thinking,
[15:08.960 --> 15:18.080] well, what can we do about that? And there wasn't anything. We really need to get them on video
[15:18.080 --> 15:26.560] and then take them to the wall. And you got enough anyway. They wouldn't tell you who they are.
[15:27.760 --> 15:33.840] So the first thing you want to do is start peppering them with information requests.
[15:33.840 --> 15:43.440] Find out who the head of security is. I've had good experience with the head of security at
[15:43.440 --> 15:51.920] federal courthouses. I was in Fort Lauderdale and security was getting real excited that Deborah
[15:51.920 --> 15:58.720] was with me then. And we had a camera crew with us and security was getting real excited. So I
[15:58.720 --> 16:04.160] asked for the head of security and they brought this guy come out. And he talked to us for a while
[16:04.160 --> 16:15.760] and I turned to Deborah and I said, Deborah, this guy's one of us. He said that he would like to see
[16:15.760 --> 16:24.560] all of the federal judges being forced to follow federal law. Wow. There you go.
[16:25.520 --> 16:32.320] What? I turned to Deborah. I said, this guy's on our side. He's one of us. No, he's not.
[16:32.320 --> 16:39.920] Listen to him. He's one of us. And he was. He told the rest of those U.S. marshals,
[16:39.920 --> 16:50.160] leave us alone. And here, this may be a good opportunity to really hammer the federal court
[16:50.160 --> 16:54.960] and get them straightened out because you've got enough to really beat them up. Hang on. Randy
[16:54.960 --> 17:06.240] Kelton, Brett Fountain, Rudolph Radeo, a call in number 512646. It's the 2019 Logos Radio Network
[17:06.240 --> 17:12.880] annual fundraiser and gun giveaway sponsored by Central Texas Gun Works. Go to LogosRadioNetwork.com
[17:12.880 --> 17:18.160] and enter to win. Any amount is appreciated. Everything helps to keep us on the air. From
[17:18.160 --> 17:25.040] Central Texas Gun Works, the grand prize up for grabs is the Spike Tactical AR-15. More prizes
[17:25.040 --> 17:31.200] and sponsors to be announced. Every $25 donation is a chance to win. When you purchase Randy
[17:31.200 --> 17:37.440] Kelton's ebook, Legal 101, you get four chances to win. Purchase Eddie Craig's Traffic Seminar
[17:37.440 --> 17:42.800] and get 10 chances to win. If you've enjoyed the shows on Logos Radio Network, support our
[17:42.800 --> 17:48.960] fundraiser so we can keep bringing you the best quality programming on Talk Radio today. We also
[17:48.960 --> 17:55.360] accept Bitcoin and other cryptocurrencies. And remember, every $25 donation is a chance to win.
[17:55.360 --> 18:02.800] Go to LogosRadioNetwork.com for details and donate today. Logos Radio Network welcomes
[18:02.800 --> 18:08.160] a new show to our lineup for the new year. Scripture Talk with Nana will begin Wednesday,
[18:08.160 --> 18:15.120] January 8th from 8 to 10 p.m. Central Time. Our goal is in accord with Matthew 5.16. Let your
[18:15.120 --> 18:20.480] light so shine before men that they may see your good works and glorify your Father which is in
[18:20.480 --> 18:26.640] heaven. We wish to reflect God's light and be a blessing to all those with a hearing ear. Join
[18:26.640 --> 18:32.000] Nana and guests for both verse by verse Bible studies and topical Bible studies designed to
[18:32.000 --> 18:37.520] provoke unto love and good works. Our verse by verse Bible studies will begin in the book of
[18:37.520 --> 18:43.680] Matthew where we will discuss one chapter per week. Our topical Bible studies will vary each week
[18:43.680 --> 18:48.880] and will explore sound doctrine as well as Christian character developments. So mark your
[18:48.880 --> 18:56.560] calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. starting January 8
[18:56.560 --> 18:59.760] for an inspiring and motivating discussion on the Scriptures.
[18:59.760 --> 19:08.560] You are listening to the LogosRadio Network. LogosRadioNetwork.com
[19:29.760 --> 19:38.560] You are listening to the LogosRadio Network.com
[19:59.760 --> 20:18.560] Okay, we are back. Randy Kelton, Brett Fountain from LogosRadio. Brett is venturing into my world.
[20:19.600 --> 20:25.600] He went down to the federal courthouse and had a little song and dance with the U.S. Marshals.
[20:25.600 --> 20:33.280] So, did you get to the, did they finally let you into the courthouse?
[20:34.160 --> 20:38.240] Yes, they did. What do you mean, venturing into your world? I'm not following that part yet.
[20:38.240 --> 20:42.400] Well, that's the kind of stuff I do all the time. I used to do all the time.
[20:43.760 --> 20:49.840] Go down there and that's where, in Fort Lauderdale, we got an IRS agent fired.
[20:49.840 --> 20:55.760] We went down to the courthouse and we got a camera crew with us and we were
[20:56.320 --> 21:02.080] outside videotaping and interviewing. Well, the marshals come out there getting all excited
[21:02.800 --> 21:10.800] and the videographer, he really got excited with them. Calm down, man. You're going to get us all strip
[21:10.800 --> 21:17.760] searched. So, you know, I go down to courthouses all the time. You give them a hard time.
[21:17.760 --> 21:23.840] Well, I wasn't intending any hard time today, Randy. I actually had a reason. I wanted the
[21:23.840 --> 21:29.440] federal magistrate judge to just go ahead and do his duty. I'd seen the way it's supposed to work.
[21:29.440 --> 21:34.560] I looked at federal rules of criminal procedure. Rule number four says you take the complaint and
[21:34.560 --> 21:39.600] you go before a federal magistrate judge. The federal magistrate judge is, he does the same
[21:39.600 --> 21:44.240] thing as a notary would do. He watches you sign it. He looks at your ID and then he signs it and
[21:44.240 --> 21:48.960] stamps it. Done. Next thing is going to be somebody's going to take that complaint and they're going
[21:48.960 --> 21:52.480] to do basically the same thing as the Texas people would do. You've got an attorney. He's
[21:52.480 --> 21:57.200] supposed to, you know, create an information or take it to an jury and do the indictment.
[21:58.640 --> 22:06.000] So, they're saying, okay, then blame the magistrate. One of them threw the magistrate
[22:06.000 --> 22:12.320] under the bus today, Randy. I was asking him, so what orders? He wanted me to follow orders.
[22:12.320 --> 22:17.040] What orders? And, well, it's the judge's orders. Oh, judge who?
[22:22.080 --> 22:31.440] That's for me is when they tend to go silent. So, and that goes to, you know, we have a lot of
[22:31.440 --> 22:39.440] people quoting Twill VUS, but they quote it out of context. That's when you go to Twill VUS.
[22:39.440 --> 22:48.560] Yes. When someone has a duty to speak and they don't speak. Oh, the judge's orders.
[22:49.600 --> 22:54.000] Which judge? Now they have cited the judge. They opened that door.
[22:55.520 --> 22:59.040] Now they have a duty to speak when they don't speak. That's fraud.
[23:02.400 --> 23:07.040] Maybe I should, there is a problem here. These guys didn't identify themselves.
[23:07.040 --> 23:13.040] Well, that's okay. I'll get all the video camera footage and they won't be happy that I got it.
[23:14.080 --> 23:18.960] And then I'll get all their names. I'll go to the HR. I'll get their structure of hierarchy,
[23:18.960 --> 23:23.760] their reporting, and I'll be tagging their bosses for not training them properly. It'll,
[23:23.760 --> 23:28.000] it'll, you know. What I'm thinking is I go down there with the camera
[23:29.040 --> 23:33.200] and they tell me you can't do that. And I say, who are you? And they don't tell me,
[23:33.200 --> 23:40.800] I immediately download one. And as for a sheriff's deputy out here, I've got someone
[23:40.800 --> 23:48.720] here with a gun on his hip. And he's ordering me around and basically threatening me
[23:48.720 --> 23:54.480] with that pistol if I don't follow his orders. But he seems to be implying that he's a
[23:54.480 --> 24:00.960] public official of some sort. But he won't identify himself. And as I understand,
[24:00.960 --> 24:07.520] we don't have secret police in the United States. This is not Russia. Are you part of the KGB perhaps?
[24:08.880 --> 24:14.800] Oh, you're not. Oh, you're, you're, what are you? A, a security guard?
[24:15.840 --> 24:21.040] Are you a US Marshal? Oh, you're a US Marshal. Then you're one of my public employees. I need you
[24:21.040 --> 24:27.120] to identify yourself. You have a government issued ID card. Show it to me. That follows
[24:27.120 --> 24:33.840] us under open records, Bubba. And then when you don't 9-1-1, get me somebody out here,
[24:33.840 --> 24:40.800] arrest this guy. I got someone pretending to be a public official. Impersonating a public official
[24:40.800 --> 24:52.160] in violation of 38.11. This is 37. 37.11. Yeah, I think it's 37. Get someone out here to arrest him.
[24:52.160 --> 25:01.600] And I love to do it, looking the guy right in his eyes. So I could be encouraged to do that.
[25:03.040 --> 25:07.280] But I need your wife there to back me up in case they want to get lost with me.
[25:10.400 --> 25:11.440] Yes, you'll let them have it.
[25:14.000 --> 25:18.240] That is interesting. That's, this is where we need to start hammering these guys.
[25:18.240 --> 25:25.840] Yes. Then we start, we hammer these guys, just professional conduct complaints, criminal complaints,
[25:25.840 --> 25:31.680] we petition them to the grand jury. And they have to sit back here. And as a Fed,
[25:32.480 --> 25:35.280] wonder if they're going to get indicted in the state.
[25:37.680 --> 25:42.320] Well, it would be perfectly appropriate for them to be indicted like that. I know they probably
[25:42.320 --> 25:49.520] won't get it, but I don't know if it's okay because they don't trust the state.
[25:51.680 --> 25:57.680] They think that the state hates them because they treat the state like errant stepchildren.
[25:58.560 --> 26:02.160] So they're just as arrogant as the state officials as they are you.
[26:04.160 --> 26:11.520] But when you invoke the state's jurisdiction over them, the state, the local sheriff,
[26:11.520 --> 26:19.680] if deputies may send you a Christmas card. Oh, thank you. Give me the opportunity to stick
[26:19.680 --> 26:23.440] my professional booth up there behinds. Oh yeah.
[26:27.760 --> 26:33.680] But this is, this is, you know, I've done this a lot and this really stirs them up.
[26:35.280 --> 26:38.800] You know, you handled them real well. You didn't get excited. You didn't
[26:38.800 --> 26:48.720] do that. You didn't do anything to give them an opportunity to accuse you of being agitated.
[26:49.280 --> 26:52.080] Right. Or to carry out their threats of arrest.
[26:52.640 --> 26:56.400] Yeah. And the first time I get a threat of arrest, that gets a 911 call.
[26:58.800 --> 27:03.680] Immediately. You want to threaten me with something? You go take that pistol off your
[27:03.680 --> 27:09.360] ear because you're in state of Texas. In the state of Texas, if you don't have authority
[27:09.360 --> 27:12.480] to carry out the threat you just made, that's first to be felony.
[27:14.160 --> 27:20.240] But I don't tell them that. I call 911 and tell the 911 operator I want them to come out here.
[27:20.240 --> 27:26.160] And I like to do it when I'm looking the guy right in the eye. I did this in Belden, Texas.
[27:26.160 --> 27:33.600] This Sergeant, this Lieutenant, I call 911. He was giving me a hard time about coming in
[27:33.600 --> 27:38.400] the courthouse. I need you to send somebody out here to arrest. Hey, you, what'd you say
[27:38.400 --> 27:42.800] your name was? And he just stood there. I said, he won't tell me his name. He said,
[27:42.800 --> 27:47.760] what does he look like? Well, he's a big old fat guy. And he's got singing over his belt,
[27:47.760 --> 27:55.840] but he's got a real big goat rover belt buckle on. So I guess he used to be a cowboy before he
[27:55.840 --> 28:06.400] got real fat. And the guy's three feet away from me. And he's just fuming. And the dispatcher named
[28:06.400 --> 28:12.400] him, she knew who he was. She told me, is that you? I think it's Whitney. Are you Whitney?
[28:12.960 --> 28:21.520] And he just stood there and stared at me. Oh, that was so much fun.
[28:21.520 --> 28:26.800] I love it. That's what he gets for not identifying you. I gotta, how am I gonna tell him what he
[28:26.800 --> 28:35.280] looks like? Big fat guy in a white shirt. But then all he could do was stand there.
[28:36.640 --> 28:43.120] And he's in front of, all of his buddies are standing around. Nobody's saying anything.
[28:44.320 --> 28:49.920] But I looked around and it's clear they're all trying to keep from busting out laughing.
[28:49.920 --> 28:53.840] And he was the investigator for the district attorney.
[28:56.000 --> 29:02.480] So all these other guys, I know this guy, he's thinking, I'll never hear the end of this.
[29:04.880 --> 29:11.040] That's what we need to do. I didn't have time to follow through with criminal charges against him.
[29:11.040 --> 29:18.400] And at the time, I had other fights. But this would be great to bring to the feds.
[29:21.280 --> 29:26.640] Actually bring to the state and ask them to arrest the feds. And then when the state doesn't
[29:26.640 --> 29:32.560] act against the feds, then you go to the feds and ask them to arrest the state for the state not
[29:32.560 --> 29:40.960] arresting the feds. And they wind up in this quagmire. So the next time you come down there,
[29:40.960 --> 29:47.680] yes, sir, Mr. Fountain, what can I do for you, Mr. Fountain? In Florida,
[29:47.680 --> 29:55.520] I wishwacked the federal magistrate in the courtroom. I'll touch on that when we come back.
[29:55.520 --> 29:58.160] Randy Kelton, Brett Fountain, the Wheel of Law radio.
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[33:06.560 --> 33:17.040] Yes, Mr. Office, I've just taken you right ahead.
[33:19.680 --> 33:27.680] Won't you follow the law of the land? I don't have this man. Good job that you could take up a
[33:27.680 --> 33:45.440] service. Okay, we are back ready to tell them Brett Fountain Rulval Radio and Brett,
[33:45.440 --> 33:52.480] yet you ran into the U.S. Marshals and I've done that a few times. Did you get past them?
[33:52.480 --> 33:58.640] Well, eventually I did, yes. They started out telling me that I can't just come in and see a
[33:58.640 --> 34:09.440] magistrate judge. Well, why not? I can't, huh? Well, no, you have to make an appointment and
[34:09.440 --> 34:15.200] are you an attorney? I said, if I answer that in one particular way or the other,
[34:15.200 --> 34:22.640] are you going to deny me am I right to access the judge? Well, you don't have to tell me,
[34:22.640 --> 34:28.240] but only attorneys can come in here with a tablet and only attorneys can go talk to the judge.
[34:29.520 --> 34:36.320] Okay, well, how about if I just go and talk to a district judge then? Oh, you can't go talk to
[34:36.320 --> 34:42.800] a district judge. You got to make an appointment. Well, I've got an emergent matter here that needs
[34:42.800 --> 34:49.200] a magistrate judge's attention right away and I don't have time to go find an attorney and
[34:49.200 --> 34:52.640] a U.S. attorney. You want me to go through the U.S. attorney? Everybody wants me to go through
[34:52.640 --> 34:59.360] the U.S. attorney. I don't have time for that. I'm going with the federal rule four says that
[35:00.080 --> 35:07.360] anybody, me, I get to come in here and bring my complaint to the magistrate judge. So I don't care
[35:07.360 --> 35:12.880] if it's full-time, part-time, I see you've got maybe, what, 10 of them on your website? I'll talk
[35:12.880 --> 35:20.160] to any of them. It doesn't matter. Whoever's available. Well, you can do that. Well, who's
[35:20.160 --> 35:25.120] available? They really wanted me, Randy. They wanted me to go to the court clerk. Not exactly.
[35:25.120 --> 35:30.880] I'm not sure why. They thought that court clerk is just the best place for me. Well,
[35:30.880 --> 35:38.560] by the end of the whole episode, they had changed their story to say that there was no
[35:38.560 --> 35:44.480] magistrate judge in the building. Big ol' huge building. Must be 10 of them on the website and
[35:44.480 --> 35:48.480] they're telling me none of them are in the building. Middle of the afternoon on a Thursday.
[35:50.320 --> 35:56.320] All right. So I said, fine. A district judge will do. You can't just go and talk to a district judge.
[35:56.320 --> 36:04.560] Well, why not? Look, you need to go and deal with the U.S. Attorney. They kept on trying to
[36:04.560 --> 36:09.120] point me out of the building because the U.S. Attorney is some other building. You go downtown
[36:09.120 --> 36:16.800] Dallas to deal with them. Yeah, right. I don't have time for that. So as it turned out, I ended
[36:16.800 --> 36:22.080] up with the court clerk. Now, when I got in that court clerk room, everything was different.
[36:22.080 --> 36:31.760] Like, I was super friendly. He was very helpful and polite and he treated me with respect. He
[36:31.760 --> 36:38.160] wasn't trying to block me. He was trying to help me here. Here's a fact number. I understand they've
[36:38.160 --> 36:45.520] told you that there are no judges in the building. He wasn't confirming it, but he was hinting to me
[36:45.520 --> 36:57.280] that he's not exactly going along with that story, but here's the fact number. So I appreciated that
[36:57.280 --> 37:07.040] and I told him so. And I happened to have thought ahead to write a second version of my criminal
[37:07.040 --> 37:12.240] complaint, which was, you know, normally you leave a little space down there where somebody can
[37:12.240 --> 37:18.160] notarize something at the very bottom. Well, I printed another copy to take with me today
[37:18.880 --> 37:27.120] that had the unsworn declaration. That's 28 U.S. Code 1746. And in a situation where you
[37:27.120 --> 37:33.200] can't get somebody to notarize or in this case to swear you're a document in front of somebody,
[37:33.200 --> 37:39.600] you can make an unsworn declaration. It's pretty much like our 132 unsworn declaration.
[37:39.600 --> 37:48.080] And Robert Fox used to use that all the time. Oh, cool. Well, I'm a good company then. So I
[37:48.080 --> 37:53.520] dropped one of those on the court clerk today. I ended up walking out leaving my criminal complaint
[37:53.520 --> 37:59.520] there with the court clerk and I could see that he got a little uncomfortable when I did that
[38:00.240 --> 38:05.440] because he thought that I was going to go away and have to go talk to a U.S. attorney or something.
[38:05.440 --> 38:11.040] And then he realized he's holding it already and he didn't, you know, it's a little awkward.
[38:11.600 --> 38:18.560] So he just started kind of stacking it nervously and telling me thank you for coming in or some
[38:18.560 --> 38:24.400] little small talk like that. And I just politely, you know, waved and took off. So now they've got
[38:24.400 --> 38:29.760] my criminal complaint, my sworn affidavit. Well, it's the unsworn declaration, right?
[38:29.760 --> 38:35.360] Okay. You have the name of the clerk? Oh, let's see if I can remember his name.
[38:38.080 --> 38:45.840] Let's see. Paul Denton was... No, I don't think I can remember his name. I should have written it down.
[38:45.840 --> 38:52.720] Yeah, because now the clerks touched it. He's got it. And he's only an intermediary.
[38:54.320 --> 38:58.240] You didn't really give it to him. You gave it to the magistrates through him.
[38:58.240 --> 39:01.040] Right. So he's on that dime.
[39:02.080 --> 39:08.320] And I wrote the magistrate's name on the document that I was giving this to the magistrate, you
[39:08.320 --> 39:15.520] know, in the unsworn declaration is 28 U.S. Code 1746. It says that you have to have a certain
[39:15.520 --> 39:21.040] little phrase that you say under penalty of perjury, I promise I'm me or whatever. And so I had
[39:21.600 --> 39:24.560] put that little piece in there, but I also had something at the bottom that says
[39:24.560 --> 39:35.520] the magistrate judge and then a space. So I wrote in magistrate judge Johnson. Now it's pretty clear.
[39:38.160 --> 39:48.080] So you gave the clerk a document for a magistrate judge? Yes. If the clerk, if you don't hear from
[39:48.080 --> 39:57.040] that magistrate judge in say two days, you don't have reason to believe that that clerk
[39:58.160 --> 40:03.680] secreted that government document from the person it was directed to.
[40:06.240 --> 40:11.200] Then you will be down there and ask to see the clerk that you talked to last time and when they
[40:11.200 --> 40:18.320] come out, then when the U.S. Marshal takes you up there, you ask him to hang around. I mean,
[40:18.320 --> 40:25.120] need you. I've done that before. And then that's when they start shifting from one foot to the other.
[40:27.200 --> 40:30.480] When the clerk comes out, did you give this to the magistrate?
[40:32.080 --> 40:38.400] And when he starts fumbling his words, you ask the U.S. Marshal to arrest the clerk. And if the
[40:38.400 --> 40:42.320] clerk goes ahead and says you gave it to the magistrate, then in that case, I need you to arrest
[40:42.320 --> 40:52.560] the magistrate. Then that gets interesting. But you really need a witness with a pad of paper
[40:52.560 --> 41:00.080] scribbling on the pad of paper furiously. Now they don't have to know how to touch your hand,
[41:00.080 --> 41:08.000] but it doesn't matter. They just look like you're taking notes. Now they'll tell you,
[41:08.000 --> 41:13.360] you can't have a recorder, but they're not going to tell you. You can't have a pencil and paper.
[41:15.680 --> 41:22.880] So they're sure you've got a stenographer here making a record of what's going on.
[41:24.800 --> 41:29.840] I had a woman once that used to do that with me, and I told her she was my court reporter.
[41:29.840 --> 41:36.160] She wasn't, but it sounded good. And they never questioned her.
[41:39.040 --> 41:47.760] But is this something that you really need to get? Oh, is this about where the
[41:49.360 --> 41:53.600] feds are trying to get into your wife's phone because she calls somebody?
[41:54.240 --> 41:55.040] Right.
[41:55.040 --> 42:00.320] So you really want to get this done? Yeah. So you don't need to get a good slap. He doesn't need
[42:00.320 --> 42:08.880] to be just hearing nothing. He needs to get some attention on him, but his crimes be acknowledged.
[42:08.880 --> 42:15.040] You might come back and run the routine on them, make up a complaint and address it to the grand jury,
[42:15.680 --> 42:18.000] and mail it to the U.S. Attorney's Office.
[42:18.000 --> 42:26.800] Hmm. With your standard cover letter that don't sign this, initial it,
[42:28.240 --> 42:34.560] because the U.S. Attorney has a rubber stamp with your name on it. We want to make sure he didn't
[42:34.560 --> 42:41.840] rubber stamp it. We are absolutely not going to get it back. And then the second one you send
[42:41.840 --> 42:48.240] is against the U.S. Attorney for shielding the accused from prosecution.
[42:50.320 --> 42:56.160] That's where it starts to get exciting. That's when the U.S. Attorney is likely to call you and
[42:56.160 --> 43:02.800] threaten you if you attempt to contact the grand jury again. And that's when you tell the grand
[43:02.800 --> 43:09.680] jury, the U.S. Attorney, you go ahead and charge me with witness tampering. I'll charge you with
[43:09.680 --> 43:17.360] obstruction. We see how this works out for you. That's what got an IRS agent fired in Fort Lauderdale.
[43:21.680 --> 43:26.560] Then what's going to happen? Well, make up a criminal complaint and send it to the special
[43:26.560 --> 43:36.960] agent in charge against the clerk and against this prosecutor, against the clerk for not giving
[43:36.960 --> 43:41.840] your complaint against the prosecutor to a magistrate. So who do you think you're going to
[43:41.840 --> 43:49.760] throw under the bus? And they're going to send a couple of guys in expensive suits to talk to
[43:49.760 --> 43:55.520] the prosecutor. And he is not going to be happy when they leave. Randy Kelkin, Brett Fountain,
[43:55.520 --> 44:02.400] Rue Lauderdale, my call lines are open. I love logos. Without the shows on this network,
[44:02.400 --> 44:06.800] I'd be almost as ignorant as my friends. I'm so addicted to the truth now that there's no going
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[44:12.480 --> 44:16.560] on the air. I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I really
[44:16.560 --> 44:22.400] don't have any money to give because I spent it all on supplements. How can I help logos? Well,
[44:22.400 --> 44:27.280] I'm glad you asked. Whenever you order anything from Amazon, you can help logos. You can order
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[44:45.680 --> 44:52.400] different when I order? No. Can I use my Amazon pride? No. I mean, yes. Wow. Giving without doing
[44:52.400 --> 44:59.200] anything or spending any money. This is perfect. Thank you so much. We are welcome. Happy holidays,
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[45:52.240 --> 46:18.240] Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[46:22.960 --> 46:48.560] Okay. We're at this Randy Kelton Brett Fountain Ruvila Radio on this Thursday, the 10th day of
[46:48.560 --> 47:01.440] June, 2021. We're talking about going to the federal courthouse to file a criminal complaint
[47:01.440 --> 47:11.520] against a lawyer in, is it New Jersey? Right. The case is in New Jersey, Sussex County,
[47:12.240 --> 47:17.600] and I don't think I've ever been there. I'm certainly not the Sussex County. I'm not even
[47:17.600 --> 47:23.680] sure if I've ever been through their state, but yeah, they're doing some digging. They're doing
[47:24.560 --> 47:28.320] exactly what the Fourth Amendment of the Federal Constitution prohibits them from doing.
[47:29.600 --> 47:35.520] So you were there to file criminal charges against this guy, and they wouldn't let you get to a
[47:35.520 --> 47:42.640] magistrate. Right. So you gave it to the clerk. Well, the clerk is essentially the go-between.
[47:42.640 --> 47:51.200] So if you don't get a response from the clerk and from the magistrate, then you file criminal charges
[47:51.200 --> 47:59.520] against the clerk, and that's going to get them really excited because the clerk is generally
[47:59.520 --> 48:07.120] neutral, and it's especially going to get the clerk excited. But then you had another issue
[48:07.120 --> 48:13.120] as well with your wife, and when I heard about that one, that was most disturbing.
[48:14.320 --> 48:15.280] Yeah, it was to me, too.
[48:16.800 --> 48:22.960] Will you explain what went on there? Well, to try to summarize,
[48:25.040 --> 48:31.920] Sunday, we had some strange health issue with my wife. She's fine now, but this has never happened
[48:31.920 --> 48:38.320] before. She just, all of a sudden, within the period of a few minutes, she went from fine,
[48:38.320 --> 48:47.040] happy, healthy, normal to feeling dizzy, and suddenly confused. Her extremities were tingling,
[48:48.400 --> 48:54.000] and since she started drifting in and out of consciousness. So I was pretty concerned about
[48:54.000 --> 49:05.200] that. I didn't really know why, and the doctors are saying now that the general consensus is that
[49:05.200 --> 49:10.720] it was stress. It's related to, as soon as we were telling the doctors about what's going on,
[49:10.720 --> 49:16.720] this prosecutor has launched an investigation, and oh yeah, they're pretty sure that that's
[49:16.720 --> 49:21.760] what caused it, because they can't find anything wrong with her. Physically, she's just in tip-top
[49:21.760 --> 49:31.200] shape. But somehow, she was stressed. I don't know. It was very disturbing to see her
[49:32.560 --> 49:38.400] dizzy, and she kept forgetting her sentences halfway through, a rough afternoon.
[49:39.600 --> 49:50.640] So we were in the hospital, and my wife told them, I don't consent to any medical procedures.
[49:50.640 --> 50:00.080] You need to talk to my husband. I don't feel like I'm confused. I'm not in a good state for even
[50:01.040 --> 50:05.200] giving consent or considering things. You talk to my husband. Whatever needs to be done,
[50:05.840 --> 50:11.760] any medical procedure, anything, you talk to him. So that was pretty clear. Now, I should know that
[50:11.760 --> 50:18.960] anyway. They should not have to even be told. It should be really obvious, right? But she went
[50:18.960 --> 50:24.320] ahead and she told them. Next thing you know, they're trying to give her Ativan,
[50:25.920 --> 50:30.720] and they were literally half an inch away from squirting it in. They already had the IV going
[50:30.720 --> 50:37.200] for some saline thing, and I had agreed to the saline, and some little girl came in there,
[50:37.200 --> 50:44.720] and she was just about to stab, hit the plunger, and put Ativan into my wife's system.
[50:44.720 --> 50:50.160] I said, whoa, whoa, what is that? What are you doing? Oh, it's just something that'll
[50:50.160 --> 50:56.720] calm her down. No, no, what is it? It's Ativan. I said, no, I'm not consenting to Ativan.
[50:58.480 --> 51:03.520] Do you even know what meds she's already been on? And do you know what she's allergic to?
[51:04.800 --> 51:10.800] Who are you? And she goes, oh, I'll get somebody to talk about drugs, and she left.
[51:10.800 --> 51:19.600] So nobody ever came. Nobody came to talk about drugs. Nobody did, you know,
[51:20.480 --> 51:24.800] there was no more conversation. That Ativan just sat there on the little shelf over there. I don't
[51:24.800 --> 51:31.920] know what they're going to do with it, but then finally she came back. You know, several people
[51:31.920 --> 51:38.080] in and out. The same girl comes back in there, and she just puttering around, hitting some keys on
[51:38.080 --> 51:43.920] her, her little computer over there. So I turned away, you know, I'm holding my wife's hand and
[51:44.720 --> 51:52.240] just talking up close to her. And next thing you know, this lady has stuck a giant long
[51:53.520 --> 51:59.520] PCR nasal swab up into my wife's head so far back that I couldn't even believe it.
[51:59.520 --> 52:05.360] It almost makes me gag to think of how far and how long it was. And, you know, my wife just
[52:05.360 --> 52:15.440] screeches in pain, and what are you doing? Stop it. That was, no, you don't have consent to do this.
[52:15.440 --> 52:20.960] That's an unauthorized medical procedure. Stop it. Get out of here. So she left,
[52:22.400 --> 52:30.480] and that was the same one that had tried to do the Ativan. So she ought to have known better
[52:30.480 --> 52:40.240] already, but apparently not. So now I'm writing up more criminal charges and violations of the
[52:42.320 --> 52:48.560] federal and state against the CEO. And I guess I'll probably include her as well.
[52:48.560 --> 52:53.600] Right now it just says the CEO's name and it says other responsible staff members are yet to be
[52:53.600 --> 52:58.880] identified. So we'll fill those in as well. But oh my goodness, how can anybody do this
[52:58.880 --> 53:07.040] in good conscience? How's that possible? They deal with so many people who know nothing
[53:08.000 --> 53:16.560] and people who just whatever they say these people comply with, and it seems they forget
[53:16.560 --> 53:26.960] themselves. Sometimes we need to remind them a claim of aggravated assault against the nurse.
[53:26.960 --> 53:33.280] No, you obviously don't want the nurse indicted, but you want to get her attention.
[53:34.240 --> 53:39.040] Exactly. So when the hospital says, yeah, give them these drugs so we can build them for it,
[53:40.560 --> 53:47.040] they're going to say, you give them those drugs. I don't want to have to go in front of a judge
[53:47.040 --> 53:54.160] or a jury and explain why I'm doing that. It's a hard job to keep these people under control,
[53:54.160 --> 54:01.680] and the vast majority of people that come in there just don't have a clue as to what they
[54:01.680 --> 54:10.800] should do or how they should do it. So those of us who are awake, we need to act as the check and
[54:10.800 --> 54:17.920] balance. They always need to be wondering when they're going to run again up on someone like you,
[54:17.920 --> 54:23.920] so they'll treat other people like human beings. And one of my favorite stories,
[54:23.920 --> 54:28.320] my father's in the hospital and he keeps pushing the button. The nurse doesn't show up,
[54:28.320 --> 54:34.400] so they brought him his lunch and they had some apple juice, and he hated apple juice.
[54:35.520 --> 54:40.560] So he poured it in the bedpan, stepped out in the hall, hollered nurse, and threw that bedpan
[54:40.560 --> 54:54.000] down the hall. That ended his problem with the nurses showing up. So this attitude I got, I come
[54:54.000 --> 55:04.240] by honest. And then I had a brother in law who's in the hospital, they brought him apple juice and
[55:04.240 --> 55:11.040] they brought him a specimen container and he poured his apple juice in it and the nurse come in and
[55:11.040 --> 55:16.160] he said, this has been set on my table for an hour. I need you to get rid of it. He took a big
[55:16.160 --> 55:23.760] swig of it. He said, it tastes like crap. That's the kind of family I grew up in.
[55:26.640 --> 55:31.200] But yeah, we need to keep it in line. We need to remind them we're human beings here. We're not
[55:31.200 --> 55:41.520] just objects. But the big one is that clerk, if you nail the clerk, or that might be better yet,
[55:42.240 --> 55:46.880] file criminal charges and a judicial conduct complaint against the magistrate.
[55:49.920 --> 55:53.520] Because you gave it to the magistrate through the clerk.
[55:54.640 --> 56:00.000] I think that fits, already fits, because even before we figure out are they going to do anything
[56:00.000 --> 56:07.040] with that piece of paper, we already have the magistrate judge being unavailable,
[56:08.000 --> 56:15.360] unapproachable, inaccessible. I mean, people need to expect that their public servants are
[56:15.360 --> 56:21.360] going to do the due process of law. And that involves being able to bring a complaint before
[56:21.360 --> 56:30.800] them. So you give it to the clerk to give to the judge. You assume the clerk does his job. So
[56:30.800 --> 56:38.640] when you file a judicial conduct complaint against the magistrate, let the clerk explain to him
[56:38.640 --> 56:44.960] why he's getting that judicial conduct complaint. That should be fine.
[56:44.960 --> 56:55.040] Okay, sounds like you've got to say you'll have your first good foray into hammering the fence.
[56:56.480 --> 57:00.480] Like it or not, I really wanted to focus on finishing up my federal lawsuit first.
[57:00.480 --> 57:14.560] I'm almost finished with mine. I have crafted it very carefully to stay within the state
[57:15.840 --> 57:22.480] because I'm crafting it so that I can get the state to screw everything up and then take
[57:22.480 --> 57:31.680] them all to the feds. But we can take mine and 90% of it is most of my case law is federal case law
[57:31.680 --> 57:40.400] anyway. And we had to struggle with it. Where I cite the federal case law as guidelines, I had to
[57:40.400 --> 57:48.800] be real careful so that I didn't make an assertion based on federal law. I had to craft everything
[57:48.800 --> 57:56.080] with state statute or state constitution. We can just take the state part out. And our issues are
[57:56.080 --> 58:03.040] almost exactly the same. So I should be able to help you move quite long with that. Quite far
[58:03.040 --> 58:09.360] along with that. I should have it done a day or two. I'm building criminal complaints now.
[58:10.400 --> 58:16.000] And I'll talk about that when it comes back. This process I use kind of dictates what happens.
[58:16.000 --> 58:22.240] And I thought I had it done. But then I had to put in my exhibits. And when I started doing the
[58:22.240 --> 58:28.720] exhibits, I realized I had certain complaints missing. And as I started filling in the empty
[58:28.720 --> 58:37.440] spaces, those complaints began to really stack up. I got a bunch of them. Hang on. Randy Calton
[58:37.440 --> 58:46.800] Brett found on Rue La Radio. A call in lines are open 512-646-1984. We'll finish this up pretty quick
[58:46.800 --> 58:52.960] and then we'll go to our calls. We'll be right back. The Bible remains the most popular book in the
[58:52.960 --> 58:59.440] world. Yet countless readers are frustrated because they struggle to understand it. Some new translations
[58:59.440 --> 59:05.280] try to help by simplifying the text. But in the process can compromise the profound meaning of
[59:05.280 --> 59:12.480] the Scripture. Enter the recovery version. First, this new translation is extremely faithful and
[59:12.480 --> 59:19.360] accurate. But the real story is the more than 9,000 explanatory footnotes. Difficult and profound
[59:19.360 --> 59:25.360] passages are opened up in a marvelous way, providing an entrance into the riches of the word beyond
[59:25.360 --> 59:31.040] which you've ever experienced before. Bibles for America would like to give you a free recovery
[59:31.040 --> 59:37.760] version simply for the asking. This comprehensive yet compact study Bible is yours just by calling us
[59:37.760 --> 59:49.840] toll free at 1-888-551-0102 or by ordering online at freestudybible.com. That's freestudybible.com.
[59:49.840 --> 59:58.880] You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:00.560 --> 01:00:04.400] The following news flash is brought to you by The Lone Star Lowdowns.
[01:00:06.320 --> 01:00:13.440] Markets for Monday the 22nd of July 2019 open with precious metals, gold $1,429 an ounce, silver
[01:00:13.440 --> 01:00:23.440] $16.45 an ounce, copper $2.75 an ounce, oil Texas crude $55.63 a barrel, brand crude $62.47 a barrel
[01:00:23.440 --> 01:00:34.480] and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum $227.26, XRP Ripple $0.33,
[01:00:34.480 --> 01:00:44.080] Litecoin $100.31 and Bitcoin Cash is at $324.10 a crypto coin.
[01:00:45.840 --> 01:00:52.400] Today in history the year 1916 the preparedness day bombing a Thai suitcase bomb was detonated
[01:00:52.400 --> 01:00:58.160] on Market Street in San Francisco during the World War I preparedness day parade killing 10 and
[01:00:58.160 --> 01:01:07.440] entering 40 today in history. And recent news since Governor Greg Abbott signed House Bill
[01:01:07.440 --> 01:01:13.120] 1325 legalizing hemp into taxes law back in June county prosecutors around the state including
[01:01:13.120 --> 01:01:17.680] Houston, Austin, and San Antonio have been dropping marijuana possession charges and even refusing
[01:01:17.680 --> 01:01:22.640] to file new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:01:22.640 --> 01:01:28.000] to test the ear for THC. Margaret Moore the Travis County District Attorney announced earlier this
[01:01:28.000 --> 01:01:32.960] month that she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:01:32.960 --> 01:01:37.840] law. Mr Abbott and other state officials including the Attorney General stipulated in a letter that
[01:01:37.840 --> 01:01:42.800] county district attorneys back on Thursday that marijuana has not been decriminalized in Texas
[01:01:42.800 --> 01:01:49.600] and that these actions demonstrate a misunderstanding of how HB 1325 works as well as other cities too
[01:01:49.600 --> 01:01:56.080] like the District Attorney in El Paso, Cayma Esparza a Democrat who also stated earlier this month
[01:01:56.080 --> 01:02:01.760] that the law quote will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:01.760 --> 01:02:06.720] However the issue was succinctly summarized by Mr Brandon Ball an assistant public defender
[01:02:06.720 --> 01:02:11.200] in Harris County who stated that quote the law is constantly changing on what makes something
[01:02:11.200 --> 01:02:15.920] illegal based on its chemical makeup. It's important that if someone is charged with something
[01:02:15.920 --> 01:02:24.960] the test matches what they're charged with. A paper by Tulane University identified a five
[01:02:24.960 --> 01:02:30.640] and a half inch American pocket shark as the first of its kind in the Gulf of Mexico the specimen
[01:02:30.640 --> 01:02:36.160] being only the second pocket shark ever captured or recorded with the other one being found way
[01:02:36.160 --> 01:02:41.760] back in 1979 in the East Pacific Ocean. According to the university paper the shark secretes a
[01:02:41.760 --> 01:02:48.880] luminous fluid from a gland near its front fins for the purposes hypothesized to lure and pray
[01:02:48.880 --> 01:03:12.880] who may be drawn into the glow. This is Wolf Roadie with your lowdown for July 22nd 2019.
[01:03:48.880 --> 01:04:07.680] Okay we are back Randy Kelton, Brett Fountain and I was going to finish up something when I come back
[01:04:08.880 --> 01:04:12.480] but Brett and I were talking about this since you were on the break and I completely forgot
[01:04:12.480 --> 01:04:19.120] where I was at so if I don't remember it everybody else is probably bored about it
[01:04:19.760 --> 01:04:28.880] but Brett's in a good place to get the federal court's attention and sometimes we need to do that
[01:04:30.080 --> 01:04:34.320] we're going to go ahead and go to our college we have what appears to be a first-time caller
[01:04:34.320 --> 01:04:44.000] if you are from up in the panhandle of Texas 806 area code as soon as I can find my mouse
[01:04:45.120 --> 01:04:50.160] I will unmute the caller Brett I can't find my mouse for some reason for sure
[01:04:53.120 --> 01:04:58.800] if you are from the 806 area code what do you have for us today
[01:04:58.800 --> 01:05:08.720] hello hello gotcha give us a first name uh are you still in Texas we looked up the area code and
[01:05:08.720 --> 01:05:17.360] it's uh panhandle but are you in what are you at first name in the state uh Daniel and I'm in
[01:05:17.360 --> 01:05:28.960] borgher Texas when in borgher this was rednecks in borgher yeah there are there's a whole bunch of
[01:05:31.600 --> 01:05:39.680] okay what do you have for us today well I sent you an email the other day and uh it all it started
[01:05:39.680 --> 01:05:48.880] uh they tried they attempted to stop me after I pulled out of an RV park flat there's a bar
[01:05:48.880 --> 01:05:56.000] there but it's out in between uh fridge and borgher on the highway so I come out of the bar
[01:05:56.000 --> 01:06:03.840] I wasn't drunk had two beers okay okay that's up there in the flat isn't it uh that's up there in
[01:06:03.840 --> 01:06:13.680] the flat yeah I guess is that is that what they call it well that's what I call it it's flat as a
[01:06:13.680 --> 01:06:24.000] pancake I think the the official name is lalano estecado the state planes or the high planes of
[01:06:24.000 --> 01:06:33.920] Texas gotcha if you go if anybody's in Texas and you get go west of amarillo it's just flat as a
[01:06:33.920 --> 01:06:41.120] tabletop all the way over to Lubbock but when you go up north up toward uh what's the pass uh
[01:06:41.120 --> 01:06:48.960] into colorado raton pass oh yeah at i-25 yeah it gets it gets a little rough up there but
[01:06:48.960 --> 01:06:55.840] everything below that is just flat as a tabletop okay so you pulled out of a motorhome mobile home
[01:06:55.840 --> 01:07:04.480] park where there was a bar you had a couple of beers and then what happened uh I pull up to the
[01:07:04.480 --> 01:07:09.360] highway I looked both ways you know what I mean to make sure there's no vehicles coming and there
[01:07:09.360 --> 01:07:17.040] was no lights either way this was monday night before labor day or um yeah or memorial day
[01:07:17.040 --> 01:07:23.280] so I pull out and I don't even get up to speed and all of a sudden the red and blues come
[01:07:23.280 --> 01:07:28.400] on behind me and I'm like where in the fuck did this guy come from wait wait wait we can't say
[01:07:28.400 --> 01:07:36.480] that on the air oh I'm sorry where they heard it where the intercourse where did the guy come from
[01:07:37.360 --> 01:07:45.600] where did the lights come from because there was no headlights you know so anyway um from listening
[01:07:45.600 --> 01:07:53.600] to Scott and you I know the the thing with the driving and the private citizens so I also know
[01:07:53.600 --> 01:07:57.920] that I didn't have a driver's license and the outcome is going to be the same no matter what
[01:07:59.200 --> 01:08:05.200] and so yeah but but since the lights came out of nowhere it could have been a UFO
[01:08:07.040 --> 01:08:11.840] that's true I think I would have accused him of unsafe driving don't you know you're supposed
[01:08:11.840 --> 01:08:21.360] to have your headlights on after dark okay so uh I'm kind of pushing here because it gets more
[01:08:21.360 --> 01:08:30.800] interesting I've read the story yeah it does so uh oh and and just to interject this I got
[01:08:31.760 --> 01:08:37.920] the my medical records and he said he put his lights on right at walmart coming into
[01:08:37.920 --> 01:08:44.960] border which is a ball-based lie you know and I'll find video footage somewhere for somebody's
[01:08:44.960 --> 01:08:51.760] camera that proves that but um you can get that from him he won't like it but he's got to give it
[01:08:51.760 --> 01:08:58.320] to you right well my wife called the sheriff's department today because they got her pistol
[01:08:58.320 --> 01:09:08.320] out of my truck and unloaded in a bag holstered bullets in another compartment and she tried
[01:09:08.320 --> 01:09:12.640] to get her gun back well that now they have it in a different county even though Hutchinson
[01:09:12.640 --> 01:09:23.040] county was here so she talked to a 28 year veteran of the force and he is gonna go get the dashcam
[01:09:23.040 --> 01:09:30.560] because he said if that dashcam was shut off at for any reason at any time then they're gonna have
[01:09:30.560 --> 01:09:38.480] problems and so anyway we we make it through borger and I head north towards spinette did the
[01:09:38.480 --> 01:09:43.680] speed limit through borger speed limit the whole way the whole time there's only two deputies
[01:09:43.680 --> 01:09:48.720] behind me state patrol was never called in to the chase which I thought was kind of funny
[01:09:48.720 --> 01:09:57.120] um we we go through spinette and up and around like turn back north on highway 136 and these
[01:09:57.120 --> 01:10:03.280] two deputies are just hanging behind me you know I'm doing 90 and they're just hanging back so I
[01:10:03.280 --> 01:10:08.560] come up around the corner and I see these bright lights in the middle of the road blind in me I
[01:10:08.560 --> 01:10:14.720] couldn't see I mean they had the two spotlights on top the side was on and I get closer to the
[01:10:14.720 --> 01:10:20.320] cruiser and I'm doing 90 and I can't tell which side of the roadies roadies on so I take to the
[01:10:20.320 --> 01:10:29.920] right shoulder and hit the guardrail go down and ditch launched up the other side didn't touch the
[01:10:29.920 --> 01:10:36.720] bottom two rows of barbed wire at all wow um went in the field spun out rolled four or five times
[01:10:36.720 --> 01:10:44.480] and I'm trying to get unbuckled you know my left arm's it I can't use it it's I mean shot
[01:10:45.040 --> 01:10:50.480] and uh all of a sudden the glass breaks boom my back window fell out at the ditch and this
[01:10:50.480 --> 01:10:59.520] deputy felt the need to bust my driver's side window out into my face and you know I gave up
[01:10:59.520 --> 01:11:05.680] at that point I said hey the chase is over and when I got out of the truck I said excuse me deputy
[01:11:05.680 --> 01:11:11.840] I said uh are you authorized by the state of Texas department of transportation
[01:11:11.840 --> 01:11:17.760] to conduct private citizen stops on these highways and his immediate answer was yes I am
[01:11:18.880 --> 01:11:27.760] well according to the state law if I'm not mistaken they're not on any private citizen only on
[01:11:27.760 --> 01:11:38.320] commercial action you are mistaken okay in this 90 miles an hour is more than seven miles over
[01:11:38.320 --> 01:11:45.040] the posted limit and more than seven miles per hour over the posted limit uh becomes a
[01:11:46.000 --> 01:11:55.520] criminal it moves out of commercial into criminal and if you were at 90 yeah that's the reckless
[01:11:55.520 --> 01:12:01.520] driving and that's the reckless endangerment yeah yeah yeah that's that's penal code so yes he did
[01:12:03.280 --> 01:12:09.280] if you had stayed within the speed limit or not exceeded the speed limit
[01:12:10.080 --> 01:12:13.680] about more than seven miles an hour I think it's seven or seven or fifteen
[01:12:13.680 --> 01:12:26.560] then you would I know seven miles an hour triggers one increase but if you go fast enough to trigger
[01:12:26.560 --> 01:12:33.440] the reckless driving and reckless endangerment then it becomes a penal code violation and they
[01:12:33.440 --> 01:12:40.880] do have authority for that so you won't have that argument okay well when it started I didn't
[01:12:40.880 --> 01:12:46.800] he he was getting close to me that's why I sped up because I didn't want him to pit me but
[01:12:48.800 --> 01:12:53.920] I don't know if I put in there the story okay okay okay here's where you may have a claim
[01:12:55.360 --> 01:13:01.600] when he first turned the lights on you were you speeding no I didn't even get up he wasn't even
[01:13:01.600 --> 01:13:09.520] up to speed yeah so uh I wanted him to say that again because I'm I'm establishing the elements
[01:13:09.520 --> 01:13:20.960] here so clearly we're not speeding did he accuse you of some other traffic violation no sir he said
[01:13:20.960 --> 01:13:27.680] he attempted to pull me over because my license plate light was out okay that's a transportation
[01:13:27.680 --> 01:13:35.040] violation that's admission that's collateral estoppel he said I was gonna give you a warning
[01:13:35.040 --> 01:13:41.600] and let you go no well okay no hold on hold on uh regardless of what he was going to do
[01:13:42.480 --> 01:13:49.520] when he turned those lights on you the only authority that author that requires you to
[01:13:49.520 --> 01:13:58.880] pull over and stop is in the transportation code and he is he a sheriff's deputy or municipal police
[01:13:58.880 --> 01:14:08.160] officer sheriff's deputy the only authority a sheriff's deputy has to enforce the commercial
[01:14:08.160 --> 01:14:16.800] transportation code is if he is a certified peace officer if he's employed by the county
[01:14:16.800 --> 01:14:23.520] sheriff has been appointed by the county commissioner's court as a traffic control officer
[01:14:23.520 --> 01:14:33.360] is paid by the county commissioner's court and rides motorcycle 701.001 through 003
[01:14:33.360 --> 01:14:45.280] take your transportation code 701 so 003 7 7.01.001 through 003
[01:14:45.280 --> 01:14:54.000] okay it's very clear now the way you have to look at this is uh I just looked this up in
[01:14:54.000 --> 01:15:00.880] latin the other day uh but there's a term of the latin really cool latin term for it that says
[01:15:01.760 --> 01:15:12.800] what is not included is excluded and that's an important concept because the legislature went
[01:15:12.800 --> 01:15:21.440] to special purpose to authorize sheriff's deputies to enforce the commercial transportation code
[01:15:22.080 --> 01:15:29.200] under certain very specific conditions and explain why that's there uh
[01:15:31.360 --> 01:15:39.520] what's his name who dropped the bomb uh after roosevelt uh i lost his name the president after
[01:15:39.520 --> 01:15:49.520] roosevelt's after he can say it again after franklin roosevelt or teddy franklin
[01:15:51.440 --> 01:15:59.840] you want to drop the bomb uh he's from Missouri anyway i'll think of him in a second i'm
[01:15:59.840 --> 01:16:05.360] generally having right in the front of my mind uh i've been medicating in this medication sometimes
[01:16:05.360 --> 01:16:13.760] causes me a problem uh i use a tensor but there's a little too much tensor and not enough medicine
[01:16:13.760 --> 01:16:23.040] in it so it's about 60 proof anyway hey truman i was stalling to give me time to remember he was
[01:16:23.040 --> 01:16:29.760] a road builder before he became president and he was aghast at the number of people dying on the
[01:16:29.760 --> 01:16:38.880] highways and he was concerned that they were building highways for horses and buggies and
[01:16:38.880 --> 01:16:46.320] driving up down the road in this 300 3000 pounds iron and slaughtering each other and i'll address
[01:16:46.320 --> 01:16:51.360] this when we come back on the other side randy kelton brett fount and move our radio i'll call
[01:16:51.360 --> 01:17:03.680] it number 512 646 1984 we'll be right back logos radio network welcomes a new show to our lineup
[01:17:03.680 --> 01:17:10.480] for the new year scripture talk with nano will begin wednesday january 8th from 8 to 10 p.m central
[01:17:10.480 --> 01:17:16.960] time our goal is in accord with matthew 516 let your light so shine before men that they may
[01:17:16.960 --> 01:17:23.040] see your good works and glorify your father which is in heaven we wish to reflect god's light and be
[01:17:23.040 --> 01:17:28.880] a blessing to all those with a hearing ear join nana and guests for both verse by verse bible
[01:17:28.880 --> 01:17:35.040] studies and topical bible studies designed to provoke onto love and good works our verse by
[01:17:35.040 --> 01:17:40.560] verse bible studies will begin in the book of matthew where we will discuss one chapter per week
[01:17:40.560 --> 01:17:46.240] our topical bible studies will vary each week and will explore sound doctrine as well as christian
[01:17:46.240 --> 01:17:52.640] character development so mark your calendar and join us live on logos radio network dot com
[01:17:52.640 --> 01:17:58.800] wednesdays from 8 to 10 p.m starting january 8th for an inspiring and motivating discussion of the
[01:17:58.800 --> 01:18:09.840] scriptures it's the 2019 logos radio network annual fundraiser and gun giveaway sponsored by central
[01:18:09.840 --> 01:18:16.640] texas gunworks go to logos radio network dot com and enter to win any amount is appreciated everything
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[01:19:15.280 --> 01:19:16.880] ain't gonna fly me
[01:19:16.880 --> 01:19:22.080] me don't want me
[01:19:31.600 --> 01:19:40.240] ain't gonna fool me with that same old thing again i was blindsided but now i can see your
[01:19:40.240 --> 01:19:48.480] hand you put the fear in my pocket took the money from my hand ain't gonna fool me with
[01:19:48.480 --> 01:19:51.440] that same old trick again
[01:19:55.200 --> 01:20:03.440] i ain't gonna hold you
[01:20:03.440 --> 01:20:12.240] okay we are back randy kelton brett fountain rouvela radio and we're talking to
[01:20:14.560 --> 01:20:22.080] who are we talking to daniel danil texas daniel okay daniel in texas and we were talking about
[01:20:22.080 --> 01:20:27.920] harry truman he was a road builder and he didn't like the way they were building roads so he
[01:20:27.920 --> 01:20:35.680] got the core of engineers to design our interstate highway system it was harry truman who did that
[01:20:35.680 --> 01:20:41.920] and then he got the legislature or somebody to put together a model transportation code
[01:20:43.120 --> 01:20:50.640] the model rules of the road and at the time we were just getting big trucks and uh beginning
[01:20:50.640 --> 01:20:55.840] to fill up the highways and these trucks were horribly made they had terrible brakes and had
[01:20:55.840 --> 01:21:01.200] drivers who had no idea what they were doing and they're out here slaughtering people and
[01:21:01.200 --> 01:21:07.520] tearing up all of our infrastructure the trucks are too heavy for the roads and bridges to handle
[01:21:08.480 --> 01:21:14.240] so they put together a transportation code and it went to all of the sheriffs and asked them to
[01:21:14.240 --> 01:21:21.120] enforce it and the sheriffs told them to go scratch they didn't have the funding to enforce
[01:21:21.120 --> 01:21:27.840] this new set of code you want to give me more money we'll enforce your code or you figure out something
[01:21:27.840 --> 01:21:37.920] else so they did they had they had a stuck police in the form of texas rangers and they added to
[01:21:37.920 --> 01:21:46.640] this texas police the texas transportation uh the dps department of public uh public safety
[01:21:46.640 --> 01:21:51.680] and they were created for the purpose of enforcing the transportation code
[01:21:52.880 --> 01:22:01.360] they couldn't give them general criminal jurisdiction so the administrative code that
[01:22:01.360 --> 01:22:09.520] created the department of public safety said the department of public safety shall not enforce
[01:22:09.520 --> 01:22:20.880] the criminal laws except at the request of and under the under the control uh under the direction
[01:22:20.880 --> 01:22:28.560] of local law enforcement they didn't do that that would create a state police and none of the states
[01:22:28.560 --> 01:22:36.720] in the union would tolerate a state police the county sheriff is the highest law enforcement
[01:22:36.720 --> 01:22:43.600] official in the state within his county there's nobody over here and they wouldn't tolerate a state
[01:22:43.600 --> 01:22:51.040] police because of the danger that would would pose so they restricted the department of public
[01:22:51.040 --> 01:22:57.760] safety just to enforce transportation code well there were some counties that were too small
[01:22:57.760 --> 01:23:07.120] to support a full-time highway patrol patrol in the county so they set aside this provision
[01:23:08.160 --> 01:23:13.760] that where sheriff's deputies could be authorized to enforce the transportation code
[01:23:14.560 --> 01:23:17.360] but if they did it didn't come out of the sheriff's budget
[01:23:17.360 --> 01:23:29.520] the county commissioners court had to pay them so that's why it's set up this way if whatever
[01:23:29.520 --> 01:23:36.480] county this officer is out of if the county commissioners court have not appointed him
[01:23:37.280 --> 01:23:46.480] as a traffic control officer when he turned his lights on you he exerted or purported to exert
[01:23:46.480 --> 01:23:53.440] an authority he did not have and the process denied uniform free access to enjoyment right
[01:23:53.440 --> 01:23:59.360] and at the time you had reason to believe that he was carrying a deadly weapon and was prepared to
[01:23:59.360 --> 01:24:09.920] use it that's the first degree felony aggravated assault in the state of texas under 2202 b2a texas
[01:24:09.920 --> 01:24:20.880] being code that's your primary claim do you think he also has a claim in the uh those bright lights
[01:24:20.880 --> 01:24:28.480] popping up in front of him where he came over the the did you say you came over a hill or around
[01:24:28.480 --> 01:24:32.720] a corner and all of a sudden there's these bright lights that were in the middle of the road and
[01:24:32.720 --> 01:24:41.680] just trying to avoid those lights caused you to go off the road yes i i suspect if you tell a jury
[01:24:41.680 --> 01:24:47.840] you were doing 90 miles an hour at the time yeah there's a very good chance they will not be very
[01:24:47.840 --> 01:24:55.360] uh understanding i'm going to leave the feed out because i'm not real sure you know um i was really
[01:24:55.360 --> 01:25:04.160] concerned about what was behind me yeah so the jury would not be terribly concerned if you were
[01:25:05.680 --> 01:25:10.640] that far above the speed limit they're going to say they needed to get you off the highway
[01:25:12.160 --> 01:25:18.080] and if you're going that fast and you wind up in a wreck well you're kind of on your own
[01:25:18.080 --> 01:25:27.120] i would not bring that up and you're going to object to that being brought up because the
[01:25:27.120 --> 01:25:35.920] officer never had authority to initiate a stop of you in the first place so do you
[01:25:35.920 --> 01:25:45.920] better jurisdiction challenge that's probably the only thing you got and he did say um when he
[01:25:45.920 --> 01:25:50.720] was taking me to jail he thanked me for slowing down through border and stenet you know what i mean
[01:25:50.720 --> 01:25:56.400] and doing the speed i use my blinkers everything you know i wasn't driving erratic i stayed in my
[01:25:56.400 --> 01:26:04.560] lane i had to get over because of something i blinkered you know um and then you sped up to
[01:26:04.560 --> 01:26:11.600] 90 miles an hour what were you thinking you know 70 times the speed limit up here i was probably
[01:26:11.600 --> 01:26:20.080] doing 80 i got an old truck it don't go that fast you know so i had an old truck well running from
[01:26:20.080 --> 01:26:26.240] the police is a problem but if they can't establish subject matter jurisdiction from the beginning
[01:26:27.440 --> 01:26:35.360] all of their actions are defeated they become a trespasser ab initio so my suggestion to you
[01:26:35.360 --> 01:26:42.240] is file a subject matter jurisdiction challenge uh my ticket traffic ticket site's not working
[01:26:42.240 --> 01:26:50.160] right now but if you'll see me a request i will send you the subject matter jurisdiction challenge
[01:26:50.160 --> 01:27:01.360] to file and then once they see that uh i'll give you a whole stack of documents uh once they get
[01:27:01.360 --> 01:27:08.720] all of those uh they're likely to make you a deal so what did they charge you with they charged me
[01:27:08.720 --> 01:27:16.480] with uh uh what's the statue here i'm from colorado originally it would have been flight flight to
[01:27:16.480 --> 01:27:25.280] evade yeah evading arrest so one family charged me with uh i don't even have a list of it i haven't
[01:27:25.280 --> 01:27:34.000] gotten nothing except what the magistrate signed off on the next day wait a minute wait a minute
[01:27:34.000 --> 01:27:44.880] wait a minute magistrate yes did they provide an examining trial or did they just do a
[01:27:44.880 --> 01:27:55.040] registration in the morning at the court at the jail at the jail via um okay okay look in the public
[01:27:55.040 --> 01:28:03.440] look in the court record and you look for an order from a magistrate stating that the magistrate
[01:28:03.440 --> 01:28:11.200] found probable causes an order under 16.17 code of criminal procedure you're not going to find one
[01:28:11.200 --> 01:28:21.120] write down texas code of criminal procedure 60 16.17
[01:28:23.680 --> 01:28:32.160] read that twice it is very clear after an examining trial the magistrate is required to
[01:28:32.160 --> 01:28:38.160] issue an order and file it with the court court of jurisdiction if an order is not
[01:28:38.160 --> 01:28:45.200] filed with the court of jurisdiction within 48 hours that acts as a finding of no probable
[01:28:45.200 --> 01:28:50.480] cause and the accused has a right to discharge
[01:28:53.360 --> 01:28:57.440] so that's a second challenge to subject matter jurisdiction
[01:28:57.440 --> 01:29:10.000] okay send me an email i will send you a copy of a motion to dismiss for that reason
[01:29:12.400 --> 01:29:20.720] okay um there's more i don't know if i don't know how much it fits in but um there's no record of
[01:29:20.720 --> 01:29:26.720] the wreck i as of right now there's no police report on the wreck there's no record of me
[01:29:26.720 --> 01:29:35.120] is put in jail or being bonded out you know i got my life okay there there are more issues
[01:29:35.760 --> 01:29:45.200] the way texas does criminal justice but those particular issues will not get you out of this spot
[01:29:47.200 --> 01:29:55.200] yeah hang on uh i hear the music put my clocks out randy kill oh i got seven seconds hang on
[01:29:55.200 --> 01:30:08.240] we'll be right back reality tv sugar obesity jet lag the list of things that makes us dumber
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[01:32:59.200 --> 01:33:07.520] you are listening to the logos radio network logos radio network dot com
[01:33:07.520 --> 01:33:31.360] okay
[01:33:31.360 --> 01:33:39.520] okay we are back randy kelvin brett fountain rule of law radio and we're talking to daniel in west
[01:33:39.520 --> 01:33:51.600] texas or in up in the panhandle order at daniel send me an email i will send you two documents
[01:33:53.520 --> 01:34:00.960] ones they're both essentially subject matter jurisdiction challenges they both go to issues
[01:34:00.960 --> 01:34:08.000] that the court can't overcome and then see if you can make them a deal
[01:34:11.280 --> 01:34:18.000] okay my my long term or my short term goal um is to get the correction out of this county
[01:34:18.000 --> 01:34:27.120] because it needs to wait wait a minute wait a minute that's a short term goal well i've been
[01:34:27.120 --> 01:34:34.240] trying to do that for 30 years i guess almost 40 now good luck good luck with that
[01:34:36.960 --> 01:34:41.120] okay you know long term goal long term goal
[01:34:43.600 --> 01:34:44.400] so um
[01:34:44.400 --> 01:34:55.440] um okay i guess are you concerned about the charges against you now
[01:34:57.120 --> 01:35:01.840] i'm concerned for my life they kept my house keys and my phone
[01:35:03.840 --> 01:35:07.440] you know all my keys were linked together in my truck when i went to the in-house
[01:35:08.240 --> 01:35:12.320] only my pickup key was in there i've been trying to track down my house keys
[01:35:12.320 --> 01:35:18.000] and nobody seems to know where they are and they're not in my truck they weren't i wasn't booked into
[01:35:18.000 --> 01:35:24.160] jail with them um you know my phone my phone was hooked to the charger which was plugged into my
[01:35:24.160 --> 01:35:32.880] cigarette lighter okay here i'm gonna suggest you do a little work on priorities change the locks
[01:35:33.840 --> 01:35:39.760] i already did if that's if that's a concern uh just change the locks on that first your
[01:35:39.760 --> 01:35:47.760] liberty should be your first concern right see if you can get you know get get these two challenges
[01:35:48.480 --> 01:35:51.600] to subject matter jurisdiction they're not going to be able to get around them
[01:35:52.800 --> 01:36:01.120] and get them to come to the table make you a deal that doesn't put you in jail right and then if you
[01:36:01.120 --> 01:36:07.120] want to go after the public corruption then stay tuned into the show we'll give you all the the
[01:36:07.120 --> 01:36:14.160] tools and techniques you need to do that with okay okay we do need to move along we've got
[01:36:15.040 --> 01:36:21.280] full board of callers and only a couple segments left all right thank you sir and i'll shoot you an
[01:36:21.280 --> 01:36:30.240] email okay thank you daniel okay now we're going to tina and in california hello miss tina
[01:36:30.240 --> 01:36:38.080] hello mr randy and mr brett brett he's really been through the wars here lately haven't you
[01:36:39.840 --> 01:36:44.240] like it or not they just keep giving me more reasons to hold somebody accountable
[01:36:45.200 --> 01:36:53.600] yeah yeah i don't know why they always want to do so much drama well i'm seeing that uh
[01:36:53.600 --> 01:37:01.680] we're getting that a lot that we have to hold them accountable and i've got something i would like
[01:37:03.120 --> 01:37:08.400] to have you guys discuss tomorrow night so randy i'll give you a quick call in the morning to
[01:37:09.760 --> 01:37:14.320] go over something that i think will help a lot of people particularly in the california but
[01:37:15.200 --> 01:37:21.360] i just wanted to give you an update on this situation that i'm having with these three other
[01:37:21.360 --> 01:37:29.680] plaintiffs in this bankruptcy adversary proceeding that it's all your fault that i did this because
[01:37:29.680 --> 01:37:37.360] you know you've been teaching me too well i know it's all your fault and the attorney is all upset
[01:37:37.360 --> 01:37:45.440] because we didn't give her you know the courtesy of 30 or 45 more days and now she did not give us
[01:37:45.440 --> 01:37:52.240] the courtesy of sending us an email copy of the motion uh so i couldn't challenge her with that
[01:37:52.240 --> 01:37:58.160] this morning and she said well you you know by the rules they don't have to but you just had to
[01:37:58.160 --> 01:38:05.040] ask and i you know did and and i don't have the other part part is information
[01:38:05.920 --> 01:38:12.400] uh because the docket only has your name and uh email and and phone number well every single
[01:38:12.400 --> 01:38:20.400] remote you know uh document we file has all the parties emails on and she just i guess too lazy
[01:38:20.400 --> 01:38:27.120] to look at all the documents to get our email in fact the last document we filed had everyone's
[01:38:27.120 --> 01:38:36.240] email on so now they're claiming that what's really interesting is the attorney that withdrew
[01:38:36.240 --> 01:38:48.560] uh because he said the other part his client failed to comply with discovery and you know he
[01:38:48.560 --> 01:38:57.680] was tired of babysitting her he said and they weren't paying him he all of a sudden files
[01:38:57.680 --> 01:39:07.120] a declaration with this new attorney in support of the motion to oppose our motion to compel and
[01:39:07.120 --> 01:39:16.480] in his declaration he states that under the penalty of budgetary by the way that on our
[01:39:16.480 --> 01:39:23.520] need and comfort conversation we only discussed cobrooks um you know uh
[01:39:23.520 --> 01:39:31.360] uh discover a request we didn't discuss anything but her request well i just listened to the call
[01:39:31.360 --> 01:39:43.040] again and he discussed with two other parties their requests um so my thought is that uh i
[01:39:43.040 --> 01:39:52.480] don't know if i have to file a response to their opposition but i do want to file a declaration
[01:39:52.480 --> 01:39:59.520] okay okay hold on if they made proactive statements of fact
[01:40:01.200 --> 01:40:11.520] that you need to uh oppose those facts and rebut them otherwise they become fact that
[01:40:11.520 --> 01:40:21.440] and they become facts before the court so his declaration that uh do i rebut it with a
[01:40:21.440 --> 01:40:29.200] robust declaration of rebuttal do i um yes because it's easy to rebut because i've got the come i
[01:40:29.200 --> 01:40:35.440] can tell the judge we can give you a copy of the the recorded call and he knew it was being recorded
[01:40:35.440 --> 01:40:42.160] he agreed to it but i think you forgot what he's talking about yeah so make a make a transcript
[01:40:42.160 --> 01:40:49.520] of it or just quote precisely what he said and use that you if someone makes a statement of fact
[01:40:49.520 --> 01:40:59.520] into the court and it's not rebutted then the court must treat it as if it is true not prima facia
[01:40:59.520 --> 01:41:10.960] but true yeah so you have to rebut okay um then we can do that um do you know um and i'm trying
[01:41:10.960 --> 01:41:18.480] to call the bankruptcy court help line tomorrow uh to find out you know they hear the emotion to
[01:41:18.480 --> 01:41:26.960] compel that the court has not you know stopped it they haven't told us it's wrong but she's saying
[01:41:26.960 --> 01:41:31.920] we didn't do it right and we didn't follow the stipulation we didn't give them stipulations of
[01:41:32.720 --> 01:41:43.920] exact questions uh and such um do we oppose that motion do we file look look at it if she's right
[01:41:43.920 --> 01:41:55.040] then you file an amended motion stating that uh oppositions criticisms are well taken
[01:41:55.760 --> 01:42:01.360] and you amend the motion to comply with the rule see your legs that you violate it
[01:42:01.360 --> 01:42:11.280] if she's if she's wrong then you file a rebuttal or response to her
[01:42:12.320 --> 01:42:18.000] her we file a rebuttal to her response telling the court why she's wrong
[01:42:19.520 --> 01:42:24.480] okay well i'll i'll try to look into that why would this other attorney though who was already
[01:42:24.480 --> 01:42:34.000] withdrawn now come in and file this declaration in support of this new attorney's opposition
[01:42:34.560 --> 01:42:42.000] and okay they often do that for one another as a professional courtesy because this lawyer's
[01:42:42.000 --> 01:42:49.280] new on the case and this helps her to get up to speed it's perfectly legal for them to do that
[01:42:49.280 --> 01:42:57.760] even though um yeah i realized it's probably legal but i wasn't sure of his reasoning why because
[01:42:57.760 --> 01:43:04.960] he stated in his withdrawal paper that he had grounds for withdrawal because as she refused
[01:43:04.960 --> 01:43:10.800] to cooperate with discovery um he was and he literally said i'm tired of babysitting the
[01:43:10.800 --> 01:43:18.800] defendant and they have not paid me and i did not okay but still he could still file this for the
[01:43:18.800 --> 01:43:28.720] lawyer's benefit okay okay so i just need to rebut his false statements uh yes you know asap
[01:43:29.600 --> 01:43:35.840] yeah don't address why he filed it because the judge knows that they just do that as a professional
[01:43:35.840 --> 01:43:43.360] courtesy to each other so just rebut his false statements so you have that on the record okay
[01:43:43.360 --> 01:43:47.600] uh when you come back i'll let you go to the other then i'll talk to you later privately
[01:43:48.560 --> 01:43:55.600] okay thank you tina okay randy randy kelton brett fountain root of our radio uh i won't give
[01:43:55.600 --> 01:44:01.280] us a calling number we're going to our last segment uh we'll be right are you being harassed
[01:44:01.280 --> 01:44:07.040] by debt collectors with phone calls letters or even lawsuits stop debt collectors now with the
[01:44:07.040 --> 01:44:12.720] michael mirris proven method michael mirris has won six cases in federal court against debt collectors
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[01:44:24.320 --> 01:44:28.960] how to answer letters and phone calls how to get debt collectors out of your credit reports
[01:44:28.960 --> 01:44:34.880] how to turn the financial tables on them and make them pay you to go away the michael mirris proven
[01:44:34.880 --> 01:44:40.320] method is the solution for how to stop debt collectors personal consultation is available
[01:44:40.320 --> 01:44:45.600] as well for more information please visit rule of law radio dot com and click on the blue michael
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[01:46:25.120 --> 01:46:38.960] okay we are back rent kelton brett fountain rule of law radio and we're going to stephen
[01:46:38.960 --> 01:46:52.160] and i think you're the one in heels for all uh-oh the me yes you're up okay uh i'll try and be
[01:46:52.160 --> 01:46:58.800] brief i know it's the last segment talk another caller i've been uh dealing with a uh subject
[01:46:58.800 --> 01:47:04.800] matter jurisdictional issue in hillsboro texas with a piece of property that i own that has a
[01:47:04.800 --> 01:47:11.680] house on it but then the um it's within the jurisdiction of the city of the yes city of
[01:47:11.680 --> 01:47:18.240] hillsboro but again it's private and it's not owned by any of the persons that are identified
[01:47:18.240 --> 01:47:24.480] and defined in their own code uh something i've addressed with them numerous times um
[01:47:25.600 --> 01:47:30.000] when they haven't gotten anywhere with me and i've been i think i've talked the last time i
[01:47:30.000 --> 01:47:34.800] talked to you i think i was on 30 something straight days of uh open government requests
[01:47:34.800 --> 01:47:40.480] to just wasting away their time while i'm putting together a putting together a uh tort letter
[01:47:40.480 --> 01:47:49.200] have you uh been filing criminal charges i haven't gotten any more in the last two months i'm
[01:47:50.080 --> 01:48:01.680] okay the open record sounds it is not a civil statute it is a criminal statute of 552.363
[01:48:01.680 --> 01:48:11.040] what is it 363 or 53 353 353 but the attorney general is very helpful about this you would
[01:48:11.040 --> 01:48:16.000] think you know this is not the normal thing where they all cover each other he's happy to jump on
[01:48:18.400 --> 01:48:25.040] well i'm and i'm not saying they're not answering those i'm using this is almost of you you've wasted
[01:48:25.040 --> 01:48:29.920] enough of my time i'm about to waste your time with the criminal penalty if you don't answer me so
[01:48:29.920 --> 01:48:36.160] i've done i think i'm on 45 straight business days of sending open government requests for
[01:48:36.160 --> 01:48:41.760] all the people that they've had through the last year and a half pester me about that stupid piece
[01:48:41.760 --> 01:48:48.480] of property going through everything that they've done going for their surety bond their t-cole
[01:48:48.480 --> 01:48:56.320] number anything i can do again i'm just setting the record going down the road every citation
[01:48:56.320 --> 01:49:01.200] that person issued going to the fact that they don't have training for even uh enforcing code
[01:49:01.760 --> 01:49:06.080] because if you read the occupational code to be a code enforcement they're required to have
[01:49:06.080 --> 01:49:09.920] training they don't have to be registered but they do have to be required to be trained
[01:49:10.880 --> 01:49:17.920] i mean so and so if someone like the mayor is putting them out there and not training them
[01:49:17.920 --> 01:49:26.480] then he is responding at superior i believe it's the chief of police i and uh well now if he's a
[01:49:26.480 --> 01:49:34.320] code enforcement generally code enforcement is separate they've put everything on their department
[01:49:34.320 --> 01:49:43.680] of public safety everything including okay then that they're using that term in an unusual way
[01:49:43.680 --> 01:49:50.320] today because the department of public safety is a state policing agency and they only do traffic
[01:49:52.640 --> 01:49:59.840] so the city of heelsboro maybe may have their own department of public safety but that's not
[01:49:59.840 --> 01:50:09.360] the police department and code code inspectors are generally not peace officers well if they
[01:50:09.360 --> 01:50:16.640] are peace officers are not employed in the capacity of a peace officer right they're
[01:50:16.640 --> 01:50:23.760] interchanging them and if you go through that about this i asked for the i asked for the tico
[01:50:23.760 --> 01:50:29.840] number uh the tico number of the agency and the responding at superior they give me the chief
[01:50:29.840 --> 01:50:36.000] the chief of police and hillsboro department hillsboro police department yeah that's great
[01:50:36.000 --> 01:50:43.680] if you send them to the wrong person then they won't care they'll lie to you send them to the mayor
[01:50:45.360 --> 01:50:51.520] okay at the end of the day he's responding at superior and he's the most political guy in the
[01:50:51.520 --> 01:51:00.800] building yeah so you file criminally against the you file criminally for what the code enforcement
[01:51:00.800 --> 01:51:10.240] did but you filed with the against the mayors respond yet superior it just happened today
[01:51:10.240 --> 01:51:17.120] i was fleshing out this lawsuit and i was going through o'connor's civil trial o'connor's causes
[01:51:17.120 --> 01:51:28.480] of action and i was looking at exactly that issue of when a individual is personally responsible
[01:51:28.480 --> 01:51:36.880] for where he's acting outside of scope if you sue one of these guys and you sue them for acting
[01:51:36.880 --> 01:51:43.840] inside scope then that's a suit against the city and the city will say they did not waive their
[01:51:43.840 --> 01:51:51.200] sovereign immunity and they'll toss it so you got to name these guys for acting outside of scope
[01:51:51.200 --> 01:51:59.680] and if you name them for acting outside of scope then you can't get to the mayor as respond yet
[01:51:59.680 --> 01:52:09.680] superior because the mayor is only responsible upon responding at superior only applies when the
[01:52:09.680 --> 01:52:20.080] officer is acting within scope of his authority so what are these inspectors doing that brings
[01:52:20.080 --> 01:52:30.720] them outside of scope well the exact definition that's within not just the code of ordinances in
[01:52:30.720 --> 01:52:35.760] the charter for the city of hillsboro but absolutely every city of in the state of texas
[01:52:35.760 --> 01:52:42.000] defined the person as the almost verbatim what it defines it as in government code 311
[01:52:42.000 --> 01:52:50.800] only persons are legal entity i am not one of those persons wait but say it again the last part
[01:52:52.400 --> 01:52:59.120] i said i am not one of those persons no no before that oh i said that the
[01:53:00.480 --> 01:53:05.120] code of ordinances for not only the city of hillsboro but any code that you pull up under
[01:53:05.120 --> 01:53:11.600] you know franklin legal codes will pull them right up for any city um defines in very definitions
[01:53:11.600 --> 01:53:17.680] at the first of it that a person anywhere used within a code of ordinance this is a corporation
[01:53:17.680 --> 01:53:23.120] partnership individuals probably you know the routine here estate partnership trust
[01:53:23.120 --> 01:53:29.200] or any other legal entity and they almost follow verbatim with the government code chapter 311
[01:53:29.200 --> 01:53:37.040] definition of a person okay which is the same thing that it always has always since the
[01:53:37.040 --> 01:53:44.800] legislation okay why is that relevant they lack personal jurisdiction why
[01:53:46.480 --> 01:53:48.800] how can they have personal jurisdiction over me
[01:53:50.640 --> 01:53:53.840] you're you're a person within the definition
[01:53:55.600 --> 01:53:59.840] how i'm sorry read the definition again
[01:53:59.840 --> 01:54:09.200] uh corporation partnership uh trust the state i'm going by memory here or any other legal entity
[01:54:11.120 --> 01:54:15.600] well every one of those i've read also include you to living human being
[01:54:17.120 --> 01:54:25.120] or individual or something and you can't include an individual in there and have
[01:54:25.120 --> 01:54:28.560] it mean what you're trying to make it mean that it does in the criminal code and the criminal
[01:54:28.560 --> 01:54:33.360] code specifically defines an individual it never does in civil law civil law does not
[01:54:33.360 --> 01:54:41.200] find it that way so i'm missing something here uh somewhere an individual is defined in a person
[01:54:41.200 --> 01:54:50.320] is defined in law in civil law you may not be finding it no sir i'm i can gamble all the way
[01:54:50.320 --> 01:54:56.800] to 18 okay when it was okay hold on we're talking about the municipal code here correct
[01:54:56.800 --> 01:55:02.560] yes sir and that definition would have to be in that code
[01:55:05.920 --> 01:55:11.840] because person a person is definitely a term of art and you're saying in that code it doesn't
[01:55:11.840 --> 01:55:21.760] include a living human being correct that's an interesting argument and it never has
[01:55:21.760 --> 01:55:28.400] brandy if you go back all their laws define it if it gives you burnin's it gives you the exact
[01:55:28.400 --> 01:55:40.080] code and burnin's or it's fine okay that's it's because if they applied that term in a way that
[01:55:41.120 --> 01:55:51.120] those individuals named within that definition are those entities over which the city ordinances
[01:55:51.120 --> 01:55:58.000] apply then that would be the reason that a living human being wouldn't be in there because
[01:55:59.360 --> 01:56:05.280] if the city writes an ordinance that applies to a living human being
[01:56:07.120 --> 01:56:14.640] then that's a law not an ordinance and only the legislature can write law
[01:56:14.640 --> 01:56:22.240] law correct that's my what i've okay when i've deducted out of these years of understanding
[01:56:22.240 --> 01:56:30.800] yes sir so subject matter jurisdiction challenge correct and which technically works i'm
[01:56:30.800 --> 01:56:35.840] challenging i'm not debating that this real piece of this piece of real property is within your
[01:56:35.840 --> 01:56:40.960] corporate limit on debating that the owners are not one of the persons of which you had jurisdiction
[01:56:40.960 --> 01:56:51.200] of that's a good question that's a good issue to bring okay are you are you familiar with the
[01:56:51.200 --> 01:57:00.800] separation of powers aspect of that claim to which only the legislature has the power to make public
[01:57:00.800 --> 01:57:07.760] law exactly create law i mean nobody else has the power to correct why an ordinance is an ordinance
[01:57:07.760 --> 01:57:14.880] than all law okay they call those ordinances because the legislature did not create them
[01:57:16.000 --> 01:57:21.280] if the legislature created them they would call them laws but they're calling in calling them
[01:57:21.280 --> 01:57:29.680] ordinances if they apply the ordinance to the living human being only the legislature can do that
[01:57:29.680 --> 01:57:38.480] that would make it a law and make it unconstitutional uh ask me for that in your email
[01:57:40.080 --> 01:57:47.680] send me an email and i will send you that argument now is it Brett is that a really cool smart
[01:57:47.680 --> 01:57:59.680] intuitive argument to that i didn't write it that it's very rottenated Craig did but see me a request
[01:57:59.680 --> 01:58:06.240] to that i've got a subject matter jurisdiction challenge based on that issue when we filed a
[01:58:06.240 --> 01:58:13.600] petition for written mandamus with the court of appeals they dismissed the case on a different
[01:58:13.600 --> 01:58:19.840] issue and i think they did that because they didn't want to touch this issue
[01:58:22.160 --> 01:58:26.720] they got around having to address this one by dismissing it on another issue
[01:58:27.920 --> 01:58:33.280] i think they did that because we were right to hang on rendy kelton oh we're out of time
[01:58:34.640 --> 01:58:41.840] thank you steven we'll be back tomorrow night for our four hour info marathon steve if you
[01:58:41.840 --> 01:58:47.600] got more questions call back tomorrow night thank you all for listening and good luck
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