ROL_2021-07-29_16k.timecode

[00:00.000 --> 00:06.760]  The following news flash is brought to you by The Lone Star Lowdown.
[00:06.760 --> 00:13.160]  Markets for Monday the 22nd of July 2019, open with precious metals, gold $1,429 an ounce,
[00:13.160 --> 00:21.440]  silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.63 a barrel, Brent crude
[00:21.440 --> 00:29.720]  $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum
[00:29.720 --> 00:41.480]  $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:41.480 --> 00:52.440]  In history, the year 1916, the preparedness day bombing, a Thai suitcase bomb, was detonated
[00:52.440 --> 00:57.760]  on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[00:57.760 --> 01:04.760]  10 and entering 40 today in history.
[01:04.760 --> 01:09.440]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing HEPA to
[01:09.440 --> 01:14.240]  tax his law back in June, county prosecutors around the state, including Houston, Austin,
[01:14.240 --> 01:18.880]  San Antonio, have been dropping marijuana possession charges and even refusing to file new ones
[01:18.880 --> 01:22.840]  since they are stipulating that they do not have the time or the laboratory equipment to
[01:22.840 --> 01:24.720]  test the herb for THC.
[01:24.720 --> 01:28.440]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.440 --> 01:33.040]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.040 --> 01:34.040]  law.
[01:34.040 --> 01:37.600]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.600 --> 01:42.080]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.080 --> 01:48.280]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.280 --> 01:51.240]  well as other cities too, like the District Attorney.
[01:51.240 --> 01:56.840]  In El Paso, Cayma Esparza, a Democrat who also stated earlier this month that the law
[01:56.840 --> 02:01.760]  quote will not have an effect on the prosecution of marijuana cases in El Paso.
[02:01.760 --> 02:06.760]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.760 --> 02:10.760]  in Harris County, who stated that quote, the law is constantly changing on what makes
[02:10.760 --> 02:13.480]  something illegal based on its chemical makeup.
[02:13.480 --> 02:17.360]  It's important that if someone is charged with something, the test matches what they're
[02:17.360 --> 02:22.600]  charged with.
[02:22.600 --> 02:27.240]  A paper by Tulane University identified a five-and-a-half-inch American pocket shark
[02:27.240 --> 02:32.360]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.360 --> 02:38.000]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.000 --> 02:39.000]  Pacific Ocean.
[02:39.000 --> 02:43.800]  According to the University paper, the shark secretes a luminous fluid from a gland near
[02:43.800 --> 02:50.080]  its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[02:50.080 --> 03:16.080]  glow.
[03:16.080 --> 03:23.080]  A paper by Tulane University identified a five-and-a-half-inch American pocket shark, the
[03:46.080 --> 03:56.060]  first of its kind in the Gulf of Mexico, the second pocket shark ever captured or recorded
[03:56.060 --> 04:05.800]  with the other one being found way back in 1979 in the Gulf of Mexico, the second pocket
[04:05.800 --> 04:09.860]  shark ever captured or recorded with the other one being found way back in 1979 in the Gulf
[04:09.860 --> 04:16.340]  he's got quite a cough so if you're a praying kind of people pray for Randy's
[04:16.340 --> 04:21.900]  health there's also somebody else here behind the scenes and so we'll just you'll
[04:21.900 --> 04:27.380]  just have to do make do with just me this evening we are going to be doing a
[04:27.380 --> 04:33.660]  seminar Saturday the 28th of August Randy asked for me to just make that known
[04:33.660 --> 04:39.500]  so it's about a month from now it's going to be on a Saturday so I'll put out a
[04:39.500 --> 04:44.140]  couple feelers to try to see what people would which topic people might like to
[04:44.140 --> 04:49.820]  hear covered this evening and I was kind of all over the map I think some of the
[04:49.820 --> 04:57.180]  things that stood out were affidavits and notices that was one thing I think
[04:57.180 --> 05:02.660]  the strongest might have been criminal complaints really people were all over
[05:02.660 --> 05:10.100]  about this we had discovery and so we're going to talk about some of these
[05:10.100 --> 05:19.100]  things tort letters criminal complaints scripture in court and got one for help
[05:19.100 --> 05:24.380]  I've been accused and I can't find which way is up so yeah we'll talk about some
[05:24.380 --> 05:28.460]  of these things this evening and that's in between your calls if you want to call
[05:28.460 --> 05:40.180]  in the caller line is 512-646-1984 we make sure that car I think it's on all
[05:40.180 --> 05:49.660]  right so 512-646-1984 all right in the meantime let's take a look at the
[05:49.660 --> 05:54.300]  affidavits and notices there's been a whole lot of talk about affidavits lately
[05:54.300 --> 06:04.420]  and affidavit first let me just mention what it isn't an affidavit doesn't do
[06:04.420 --> 06:11.660]  anything at all not by itself anyway an affidavit is a statement or a
[06:11.660 --> 06:18.300]  declaration of something that's true so in any given sentence that you add to
[06:18.300 --> 06:25.100]  your affidavit you're simply asserting or denying that according to you you've
[06:25.100 --> 06:31.060]  got first-hand knowledge of something and so you're asserting or denying what's
[06:31.060 --> 06:40.260]  true you're saying this is true or you're denying I've never done this or I am I
[06:40.260 --> 06:46.100]  am a man or whatever it needs to be said that establishes fact that's all it does
[06:46.100 --> 06:52.180]  it doesn't do anything else by itself so put it this way somebody can come right
[06:52.180 --> 06:57.980]  up in your face and they can stomp their foot and emphatically declare that the
[06:57.980 --> 07:06.580]  sky is blue so what that statement of what's true doesn't automatically
[07:06.580 --> 07:12.900]  translate to something that somebody needs to do right so an affidavit in
[07:12.900 --> 07:18.780]  its purest sense it doesn't invoke anything it doesn't impose any duty for
[07:18.780 --> 07:24.940]  someone to act you've got to pair that up with something else the affidavit is
[07:24.940 --> 07:30.620]  great if you're bringing it in terms of evidence you want to establish a fact
[07:30.620 --> 07:35.620]  maybe you don't have any recording of something but you know for sure this is
[07:35.620 --> 07:41.100]  what happened yes he ran his truck right through that fence I saw it myself well
[07:41.100 --> 07:47.540]  you don't have it on video you can't prove anything else I mean he has a
[07:47.540 --> 07:50.620]  white truck everybody else has a white truck so the white paint doesn't prove
[07:50.620 --> 07:54.780]  anything and you need to go and establish something and here's your evidence
[07:54.780 --> 08:00.860]  you've got eyewitness that's called best evidence you're an eyewitness so you
[08:00.860 --> 08:05.860]  saw who did it you saw what happened the affidavit doesn't actually cause it
[08:05.860 --> 08:14.100]  anything but then when you pair it with something else it becomes actionable
[08:14.100 --> 08:21.860]  let's say we have callers already lining up let's do that so let's see here
[08:21.860 --> 08:30.220]  we've got Tina from California good evening Tina good evening Brett how are
[08:30.220 --> 08:36.700]  you doing today nice to hear you're doing great now we're glad you're back on the
[08:36.700 --> 08:46.580]  radio I'm glad you did that explanation of the affidavit so in what do you put
[08:46.580 --> 08:50.660]  one in all cases I've put them in before and they've been completely and not only
[08:50.660 --> 09:00.060]  ignored so if they don't do anything for say on their own what's the point is
[09:00.060 --> 09:06.780]  and why how do you back it up how do you get the court to do something and and
[09:06.780 --> 09:14.580]  accept it and take note I mean yes do it done right like I haven't I've put them
[09:14.580 --> 09:18.780]  in other cases I haven't put them in this case how would it help me in my case
[09:18.780 --> 09:23.700]  right now which I'm going nowhere with because I won't even give me this
[09:23.700 --> 09:29.460]  cover yeah okay so that's a great question I've wondered the same thing
[09:29.460 --> 09:35.220]  myself and I had to just kind of figure it out the hard way and what happens is
[09:35.220 --> 09:40.740]  they always ignore it because it's not an action item for them you've just
[09:40.740 --> 09:44.540]  thrown a fact at them and you've stomped your foot and you've said that the sky
[09:44.540 --> 09:49.860]  is blue but they don't have any action item from that so let's say in in the
[09:49.860 --> 09:54.500]  context of a court case like you said you're challenging jurisdiction and the
[09:54.500 --> 10:01.180]  outcome you want is for the case to be dismissed so your affidavit of fact
[10:01.180 --> 10:08.180]  would lay the groundwork of what's true on which your motion is going to be
[10:08.180 --> 10:15.500]  based and then you move the court to dismiss the case based on those facts
[10:15.500 --> 10:22.100]  provided what if I don't want the court to dismiss the case I want the court to
[10:22.100 --> 10:28.980]  allow me like in my case right now I want the court to dismiss the other sides
[10:28.980 --> 10:34.140]  motion to strike and grant me discovery how would an affidavit in that
[10:34.140 --> 10:43.100]  response respect help me and what would I put in it to show the truth well so
[10:43.100 --> 10:50.180]  you've got judicial notice that highlights for the court judges you know
[10:50.180 --> 10:54.980]  Tina judges like to call themselves the court so if this highlights a judicial
[10:54.980 --> 11:01.940]  notice highlights for the court something that's true you don't put in
[11:01.940 --> 11:07.700]  there things that are up for dispute things that are it could be argued
[11:07.700 --> 11:12.900]  about well what does this really mean it is only something that is established
[11:12.900 --> 11:18.260]  so you can put a fact in there like a hearing was held on such and such a
[11:18.260 --> 11:22.460]  day and that's a fact that's not something that people are going to argue
[11:22.460 --> 11:26.820]  about and what does it mean and well actually it's just a fact it's
[11:26.820 --> 11:31.420]  indisputable they held a hearing you can put that in there that's a judicial
[11:31.420 --> 11:42.060]  notice you could use that for an affidavit to say because this then
[11:42.060 --> 11:45.380]  therefore that and so you put the judicial notice in there and you say
[11:45.380 --> 11:53.100]  this is established as a fact and nobody has rebutted it this is the only
[11:53.100 --> 11:58.500]  evidence before the court and you establish that by the judicial notice
[11:58.500 --> 12:06.900]  and that's kind of like a little bookmark for what was invisible to the
[12:06.900 --> 12:10.940]  court before it's just an affidavit it's just a statement some random stray
[12:10.940 --> 12:17.380]  piece of text that doesn't really attach to something for the court to do but by
[12:17.380 --> 12:23.060]  filing into the court a judicial notice you've highlighted that you've you've
[12:23.060 --> 12:27.820]  put a marker on it and you said pay attention to this look at this here's a
[12:27.820 --> 12:34.340]  fact and then you still would do a motion if you said you maybe you don't
[12:34.340 --> 12:37.820]  want them to dismiss okay fair enough maybe you want them to do something else
[12:37.820 --> 12:46.180]  like compel discovery so if your discovery request has gone to the
[12:46.180 --> 12:50.900]  other side or to any party that has something you want discovered and they're
[12:50.900 --> 12:56.820]  ignoring you so then you go to the court and you say I move this court to
[12:56.820 --> 13:03.660]  compel cooperation with my discovery request and you may not need any
[13:03.660 --> 13:08.620]  affidavit to go with that because that's enough on its own but you could if you
[13:08.620 --> 13:12.300]  felt like some of the grounds you were putting in your motion you're always
[13:12.300 --> 13:16.700]  going to put bullet points anyway to say here are the grounds for my motion I
[13:16.700 --> 13:24.740]  move the court to do less and such because how do you lay out why even if
[13:24.740 --> 13:30.620]  it's something as simple as I move the court to adjust the thermostat because
[13:30.620 --> 13:40.020]  I'm cold you establish what it is that you're asking the court to do and why and
[13:40.020 --> 13:45.140]  so in that case if you felt like that there was something that they it's not
[13:45.140 --> 13:49.780]  just super clear you need to put an affidavit in there that affidavit is a
[13:49.780 --> 13:55.900]  strong statement of fact this is your personal first-hand experience and
[13:55.900 --> 13:59.820]  nobody can challenge it unless they've got first-hand experience and they can
[13:59.820 --> 14:05.820]  say the opposite well in that case then they'll have to adjudicate whether this
[14:05.820 --> 14:11.300]  fact is who's telling the truth and if there's some overlap maybe you're both
[14:11.300 --> 14:14.700]  telling the truth but in different contexts and so then that's something
[14:14.700 --> 14:19.980]  that the court would have to hear but otherwise if there's no affidavit that's
[14:19.980 --> 14:26.860]  provided in a rebuttal of your affidavit your stands it's law it's fact it's the
[14:26.860 --> 14:34.540]  way it is so they have to I shouldn't say it's law it's it's fact it is yeah
[14:34.540 --> 14:39.980]  there have been places where it's treated as law but that's let's just say it's
[14:39.980 --> 14:48.660]  fact yeah and and so that's a very strong position for you to establish a
[14:48.660 --> 14:54.700]  stake in the ground that says this is true does that help and answer that
[14:54.700 --> 14:59.980]  question in a way yes but it was never even though it was my other ones were
[14:59.980 --> 15:06.340]  never a rebuttive before the courts just threw you know out and rule for the
[15:06.340 --> 15:14.020]  other side and in this case discovery is stayed by law because they filed a
[15:14.020 --> 15:20.300]  anti-slap and motion to strike so you another loud discovery when they file
[15:20.300 --> 15:25.940]  those without a court order and you have to show good cause for wanting
[15:25.940 --> 15:33.660]  discovery which I believe I did but the judge is saying that they there was an
[15:33.660 --> 15:38.820]  insufficient showing of good cause for the discovery including what discovery
[15:38.820 --> 15:43.340]  plaintiff intended to conduct or the facts she expected to uncover that would
[15:43.340 --> 15:50.700]  be instrumental in establishing a prima facie case you know so that tells me
[15:50.700 --> 15:55.020]  the court's going to rule for the other side and the motion to strike because
[15:55.020 --> 16:00.540]  well this is in this is very specific to the kind of discovery you're asking for
[16:00.540 --> 16:04.860]  and whether or not the court thinks it's going to be reasonable so you've got
[16:04.860 --> 16:10.300]  to convince the court when you do this motion to compel cooperation with
[16:10.300 --> 16:17.140]  discovery you need to convince the court that what you're asking for will make a
[16:17.140 --> 16:22.140]  difference in the case you can't just say I asked this court to compel
[16:22.140 --> 16:27.380]  discovery I asked them to tell the date and time of every time that that's
[16:27.380 --> 16:33.660]  hide their shoes in the last 10 years and why would the court think that that
[16:33.660 --> 16:38.300]  has anything to do with your case you have to establish I think that this will
[16:38.300 --> 16:44.220]  dispose of the case if we can get this discovery it's dispositive I have to
[16:44.220 --> 16:53.780]  talk about this more after we go to our sponsors I'll leave that part to Randy
[16:53.780 --> 16:58.380]  and we'll be right back
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[18:02.420 --> 18:06.940]  welcomes a new show to our lineup for the new year scripture talk with Nana
[18:06.940 --> 18:12.660]  will begin Wednesday January 8th from 8 to 10 p.m. central time our goal is in
[18:12.660 --> 18:17.780]  accord with Matthew 5 16 let your light so shine before men that they may see
[18:17.780 --> 18:22.620]  your good works and glorify your father which is in heaven we wish to reflect
[18:22.620 --> 18:27.340]  God's light and be a blessing to all those with a hearing ear join Nana and
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[18:36.660 --> 18:40.700]  will begin in the book of Matthew where we will discuss one chapter per week
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[18:46.060 --> 18:50.540]  well as Christian character development so mark your calendar and join us live
[18:50.540 --> 18:56.420]  on logo radio network comm Wednesdays from 8 to 10 p.m. starting January 8th
[18:56.420 --> 19:02.020]  for an inspiring and motivating discussion of the scriptures
[19:02.020 --> 19:30.620]  we are listening to the logo radio network logo radio network okay we are
[19:30.620 --> 19:35.900]  back the rule of law radio Randy Kelton I'm Brett Fountain and we're here
[19:35.900 --> 19:42.140]  tonight speaking with Tina in California we're speaking about we started out
[19:42.140 --> 19:51.060]  speaking about affidavits and notices and so Tina go right ahead well you know
[19:51.060 --> 19:55.100]  if the judge has already denied me discovery I can't compel discovery in
[19:55.100 --> 20:03.380]  this case anyway no however but what can I do to if she's already said you can't
[20:03.380 --> 20:08.420]  have discovery because she's denied my motion and I asked for reconsideration
[20:08.420 --> 20:14.660]  of findings and facts and she said I didn't you know give her a good cause so
[20:14.660 --> 20:22.060]  can I refile for good cause or retry it again is that something you can do after
[20:22.060 --> 20:28.220]  they've already denied you sure you can always ask again when you can pull that
[20:28.220 --> 20:35.220]  page from Randy's playbook where he says the court's criticism is well taken and
[20:35.220 --> 20:39.900]  just try again and add that but I tell you I want you to get this phrase in your
[20:39.900 --> 20:43.540]  head every time the judge does something that your gut says hey that wasn't
[20:43.540 --> 20:51.500]  right you say on what grounds your honor because when the judge does something I
[20:51.500 --> 20:55.900]  used to always think that you can't appeal anything until after the fat
[20:55.900 --> 21:02.900]  lady sings it's over they've banged the gavel and they just want you to pay on
[21:02.900 --> 21:09.140]  the way out the door and that's the only time you can appeal not true the judge
[21:09.140 --> 21:14.580]  all day long is doing things that violate someone's rights you know whether
[21:14.580 --> 21:18.940]  he intends to or not the person whose rights are being violated right then
[21:18.940 --> 21:28.620]  needs to stand up and say uh-huh they need to object and if the objection is
[21:28.620 --> 21:35.860]  overruled on what grounds your honor make the judge say why they are ruling the
[21:35.860 --> 21:40.580]  way they're ruling this is like an informal way of the you know the the
[21:40.580 --> 21:45.420]  request for findings and conclusions we talk about that you want the findings of
[21:45.420 --> 21:51.380]  fact and the conclusions of law that will support whatever the judge just said
[21:51.380 --> 22:00.380]  that's what she's given me but I don't agree with it she says you know that in
[22:00.380 --> 22:04.060]  its discretion the court denied the ex party request because there was an
[22:04.060 --> 22:09.100]  insufficient showing of good cause for the discovery including but limited to
[22:09.100 --> 22:13.860]  what discovery plaintiff intended to conduct or the facts she expected to
[22:13.860 --> 22:18.900]  uncover that would be instrumental in establishing a prima facie case now I
[22:18.900 --> 22:24.220]  already submit a judicial notice the request for judicial notice and I
[22:24.220 --> 22:28.820]  submitted into that the two letters where they promised to send me the
[22:28.820 --> 22:34.820]  original note and now they refuse I've quite a few things and I think I'm going
[22:34.820 --> 22:40.300]  to submit some evidence of forged signatures which they can't dispute the
[22:40.300 --> 22:45.380]  forged signatures so I might do a second request for judicial notice so if I've
[22:45.380 --> 22:51.700]  already done one judicial notice what do I do to enforce them to look at that
[22:51.700 --> 22:57.300]  to see that you can you can ask the court to take judicial notice of as many
[22:57.300 --> 23:01.980]  things as need to be noticed there's not a limit there's not just one you just
[23:01.980 --> 23:05.980]  it's if there are multiple things that need the court to take notice of that's
[23:05.980 --> 23:14.660]  fine but when you're saying what can you do when the the court is is telling you
[23:14.660 --> 23:20.580]  that think about this for a moment what would you do if you got that discovery
[23:20.580 --> 23:28.740]  if they gave it to you what would you have Tina I would have I should have
[23:28.740 --> 23:33.820]  evidence of their lack of standing to foreclose there you go so that's the
[23:33.820 --> 23:40.620]  kind of phrase that you would put into your motion to compel you would say I
[23:40.620 --> 23:46.940]  believe that when this discovery is when I get the response from this discovery
[23:46.940 --> 23:58.820]  we will have evidence that the opposing party had no standing no standing is a
[23:58.820 --> 24:03.180]  threshold issue so that's obviously going to be dispositive that'll turn
[24:03.180 --> 24:09.220]  everything on its ear there's no way that they can be said to be doing the
[24:09.220 --> 24:14.220]  right thing if they had no standing throughout from the beginning so that's
[24:14.220 --> 24:18.260]  the kind of thing that you would want to put in the grounds for your motion to
[24:18.260 --> 24:25.940]  compel well it would have to be it couldn't be a motion to compel it would
[24:25.940 --> 24:30.660]  have to be I'll have to figure some other title for it because you can't
[24:30.660 --> 24:34.300]  compel something if you're not allowed to have it in the first place I've got to
[24:34.300 --> 24:44.100]  figure out how to put another motion for the judge to order discovery hmm what
[24:44.100 --> 24:49.380]  do you mean you're not allowed to have it what does that mean well because when
[24:49.380 --> 24:55.180]  the other side filed a motion to strike and an anti-slap when they file an
[24:55.180 --> 25:01.260]  anti-slap suit against you or a motion against you it stays all discovery
[25:01.260 --> 25:07.020]  discovery stops you're not allowed to ask for it without the courts official
[25:07.020 --> 25:11.780]  order for them and it's a limited discovery you're allowed if the court
[25:11.780 --> 25:16.020]  agrees and you have to show good cause as to why you want that limited
[25:16.020 --> 25:22.060]  discovery mm-hmm yeah I don't know I'm not familiar with the anti-slap and how
[25:22.060 --> 25:27.340]  that limits or restricts someone so I guess you're probably more up on that
[25:27.340 --> 25:32.220]  than than I am and you would as you're learning your way through that but you
[25:32.220 --> 25:36.340]  can call back and yeah and tell us about that because I don't know what else to
[25:36.340 --> 25:41.220]  say to you about that one yeah if it's if you're prohibited from even asking
[25:41.220 --> 25:46.700]  yeah I'm prohibited yes from asking without the court's permission and they
[25:46.700 --> 25:51.660]  won't give me permission so I feel that that's a violation of due process if the
[25:51.660 --> 25:55.620]  court won't allow you any kind of discovery they think they should say
[25:55.620 --> 25:59.980]  well what kind of discovery you know you can have this discovery we'll allow
[25:59.980 --> 26:08.660]  this because they're denying me complete due process of rights to build my case
[26:08.660 --> 26:14.100]  hmm you suspect that there's some bias going on that there's any kind of
[26:14.100 --> 26:21.460]  partiality I do now because I think I've been they keep saying that
[26:21.460 --> 26:27.220]  I've had you know I've filed this lawsuit before and every judge is dismissed
[26:27.220 --> 26:31.540]  with prejudice so it's every time the only answer they come up with it's all
[26:31.540 --> 26:36.380]  barbed by resjudicata well this is a party but they're still saying because
[26:36.380 --> 26:40.460]  it's the same property even though it's a different party it's still barbed by
[26:40.460 --> 26:45.820]  resjudicata so they have no other argument but it's all barbed by resjudicata
[26:45.820 --> 26:51.940]  they never answer a complaint they never you know because they know and this is
[26:51.940 --> 26:58.300]  my argument if they promise to send something twice in writing and then they
[26:58.300 --> 27:03.460]  tell me oh well we have no intention of doing that when we promised and you knew
[27:03.460 --> 27:07.580]  we had no intention because I'm psychic you didn't know that but but they
[27:07.580 --> 27:15.940]  read they know I am I don't know but so to me there's something on that note
[27:15.940 --> 27:22.460]  that they don't want me to see or they don't have it when they said they did
[27:22.460 --> 27:28.660]  have it so if they didn't have the note they didn't have standing so why can't
[27:28.660 --> 27:34.060]  they show the original note because that clear everything up it will either show
[27:34.060 --> 27:39.020]  on the back that it belonged to someone else and not this bank or
[27:39.020 --> 27:44.540]  attorney firm or it was never there in the first place they lost it there it
[27:44.540 --> 27:48.780]  was transferred whatever they do with these notes shred it but they said they
[27:48.780 --> 27:53.340]  did have it they said they would send it to me and they won't and now they're
[27:53.340 --> 27:58.660]  saying I don't have standing to even ask for it okay Tina I've got two
[27:58.660 --> 28:04.220]  suggestions for you to consider one would be an interlocutory appeal to the
[28:04.220 --> 28:10.300]  next higher court to say is this really okay for me to be blocked from being
[28:10.300 --> 28:14.740]  able to even ask for something that could be dispositive and could reveal the
[28:14.740 --> 28:19.300]  lack of standing have an issue is it really right for that to be blocked from
[28:19.300 --> 28:24.940]  me why can't I ask for that and when you go to the court above then that
[28:24.940 --> 28:32.020]  pauses what's going on with the court below and it triggers the upper court
[28:32.020 --> 28:36.820]  to tell the lower court whether that's okay the other thing that occurs to me
[28:36.820 --> 28:43.020]  is a motion for judicial disqualification and that needs to be
[28:43.020 --> 28:48.780]  based on the grounds that you would have to establish for that are that there's a
[28:48.780 --> 28:52.420]  bias there's some kind of partiality going on you feel like that the judge is
[28:52.420 --> 28:57.700]  not a neutral and detached magistrate not going to give you a fair trial the
[28:57.700 --> 29:05.940]  judges is you know whatever testifying the judges is allowing something some
[29:05.940 --> 29:11.860]  shenanigans from the prosecutor that are from the opposite side and you're the
[29:11.860 --> 29:16.900]  odd man out and you do not feel like you can get a fair trial so and that's when
[29:16.900 --> 29:22.340]  you put in a motion for judicial disqualification and the rules are
[29:22.340 --> 29:28.060]  different in different places about how a judge must respond to that in Texas
[29:28.060 --> 29:32.500]  they've got three days they can either recuse themselves back step away off the
[29:32.500 --> 29:37.300]  bench let some other judge handle it or they can refer the matter to an
[29:37.300 --> 29:43.180]  administrative judicial region judge who will make a decision as to whether
[29:43.180 --> 29:47.500]  there's some bias going on all right we'll have to pick this up on the other
[29:47.500 --> 29:55.660]  side of our sponsors and it's five one two six four six 1984 we will be right
[29:55.660 --> 29:58.020]  back
[30:00.820 --> 30:05.220]  businesses ask you for a lot of personal information and you may trust them to
[30:05.220 --> 30:09.140]  keep it safe but it turns out that even the most trusted companies may be
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[30:13.140 --> 30:18.740]  right back with details privacy is under attack when you give up data about
[30:18.740 --> 30:22.980]  yourself you'll never get it back again and once your privacy is gone you'll
[30:22.980 --> 30:27.980]  find your freedoms will start to vanish too so protect your rights say no to
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[30:32.780 --> 30:36.820]  on to this public service announcement is brought to you by start page dot com
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[31:19.700 --> 31:23.580]  your dad of the same way I'm Dr. Katherine Albrecht more news and
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[31:30.180 --> 31:36.220]  I lost my son my uncle my son on September 11th 2000 most people don't
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[33:08.500 --> 33:15.500]  you
[33:26.060 --> 33:31.340]  okay we are back rule of law radio Randy Kelton I'm Brett Fountain we
[33:31.340 --> 33:36.260]  actually don't have Randy with us this evening he's at home doing a lot of
[33:36.260 --> 33:41.060]  coughing and his wife was trying to take his temperature earlier and she told
[33:41.060 --> 33:44.820]  me she couldn't be quiet so she was gonna have to put the thermometer in
[33:44.820 --> 33:51.540]  somewhere else and that got him quiet but so we're talking with Tina right now
[33:51.540 --> 33:56.900]  Tina in California and Tina's wondering how can we get a judge who's
[33:56.900 --> 34:04.380]  demonstrating bias to get out of the way so Tina we were talking as we went out
[34:04.380 --> 34:08.580]  we were talking about a motion for judicial disqualification and that is
[34:08.580 --> 34:12.780]  based on you have to put some facts in there and this is another way that an
[34:12.780 --> 34:17.500]  affidavit can come in handy you establish some facts and you want them to
[34:17.500 --> 34:24.060]  be solid clean pure simple facts not your opinions about how you felt when
[34:24.060 --> 34:32.420]  this and that but simple facts and based on these facts you believe that you're
[34:32.420 --> 34:38.100]  not gonna get a fair trial and so you need a different judge this one's not
[34:38.100 --> 34:42.260]  working and you're not waiting until it's all over and then you're mad at the
[34:42.260 --> 34:46.700]  judge and it's all in the past this is in the middle of the trial this is you
[34:46.700 --> 34:52.180]  just hit the brakes you just stopped everything you just yanked on the
[34:52.180 --> 34:58.700]  trains emergency cable and the brakes you're hitting the brakes right now and
[34:58.700 --> 35:03.460]  you're making them stop all proceedings they can't do anything else because you
[35:03.460 --> 35:10.260]  have called into question that judges fairness and his fitness to even be
[35:10.260 --> 35:16.100]  there as a judge adjudicating your case because you demand fair and impartial
[35:16.100 --> 35:22.140]  proceedings and you're not getting it that's a good that's a good point I
[35:22.140 --> 35:25.860]  like I like your point I might have to think about that better than the
[35:25.860 --> 35:29.460]  interrogatory appeal because the next caught up is the second district which
[35:29.460 --> 35:33.660]  have already said to me remember you were on that call when they wouldn't let me
[35:33.660 --> 35:38.340]  speak and you witnessed those three pellet judges they already sent me
[35:38.340 --> 35:42.420]  notice saying if I don't stop litigating they're gonna file sanctions which you
[35:42.420 --> 35:46.820]  know that's a direct threat to me and doesn't mean I'm not gonna keep doing it
[35:46.820 --> 35:50.100]  the file functions all I like I don't have any money so they're not gonna get
[35:50.100 --> 35:55.260]  anything but if I take an interrogatory appeal for them to find out why I can't
[35:55.260 --> 35:59.940]  get they'll just say oh we'll file sanctions because you're still litigating
[35:59.940 --> 36:07.340]  so yeah you know and I think that's a wise choice yeah I did just file this
[36:07.340 --> 36:14.780]  afternoon my request for free counsel and I did put in there that you know I
[36:14.780 --> 36:21.820]  felt that I needed the free court appointed counsel because I was not going
[36:21.820 --> 36:27.460]  to get a fair hearing as opposed to a litigant and I did put in there that you
[36:27.460 --> 36:33.060]  know it seems that they're allowed to lie and you know lie cheat steal
[36:33.060 --> 36:38.620]  everything and that if I can't get a fair trial you know a fair hearing as
[36:38.620 --> 36:44.980]  opposed to a litigant I need the court to appoint me a free counsel so you know
[36:44.980 --> 36:51.580]  I you know I I think is the trust number one on the website was given me a
[36:51.580 --> 36:57.060]  couple of good pointers there because you know what else can I do if they
[36:57.060 --> 37:01.460]  won't listen to me as a pro say if I can get a free court appointed counsel I'll
[37:01.460 --> 37:07.300]  tell them what I want them to argue I know it's not always great to have an
[37:07.300 --> 37:12.220]  attorney because they work for the court but I've got nothing else to lose
[37:12.220 --> 37:18.580]  because they're not listening to me no matter how tough I am so why not try
[37:18.580 --> 37:27.100]  this anyway mm-hmm yeah you know and you'll be able to tell that that lawyer
[37:27.100 --> 37:31.340]  whoever it is that they appoint for you you'll be able to have them do what you
[37:31.340 --> 37:35.580]  need them to and if they don't well then they get a bar grievance that's right
[37:35.580 --> 37:39.780]  and then I can tell them that because I did put in the the motion that you know
[37:39.780 --> 37:44.620]  based on the fact that the court has denied me discovery it's pretty it's
[37:44.620 --> 37:50.220]  clearly evident that I'm not getting due process as opposed to a litigant and
[37:50.220 --> 37:54.700]  that's basically what I said to them you know yeah maybe a little tough but oh
[37:54.700 --> 38:00.020]  well well there's one thing I would suggest you do if you're and anybody
[38:00.020 --> 38:06.060]  else who's in a position of moving from pro say you're but they call pro say
[38:06.060 --> 38:09.100]  they call it you're representing yourself as if anybody could really do
[38:09.100 --> 38:16.740]  that but you're moving from a position of standing for yourself to a position of
[38:16.740 --> 38:22.100]  having a lawyer do all the talking for you and then the court doesn't even want
[38:22.100 --> 38:27.380]  to listen to you anymore they only want the lawyer to talk so a little tip I
[38:27.380 --> 38:32.740]  would say is get the paperwork that you want to be heard get it in the hopper
[38:32.740 --> 38:39.740]  first serve it to the court clerk and then when you bring that that bar card
[38:39.740 --> 38:44.580]  version in there well then they've got to adequately adjudicate everything that
[38:44.580 --> 38:53.940]  they inherited yeah and I can control them by saying I'll I'll write out what
[38:53.940 --> 38:59.260]  I want you to argue and I want you want what I want you to submit and I can
[38:59.260 --> 39:03.460]  hopefully get them to agree that they will argue that and find a way to bring
[39:03.460 --> 39:08.740]  me in as a witness seen as I'm the only one who can be the first-hand witness
[39:08.740 --> 39:13.380]  because the other side you know they've hired another attorney to represent them
[39:13.380 --> 39:17.860]  so it's all his thing yeah you can you can get that
[39:17.860 --> 39:22.980]  striking because it's hearsay that's what I'm hoping well let's see what they do
[39:22.980 --> 39:26.860]  on this court appointed counsel because they'll say we don't have the funds
[39:26.860 --> 39:32.260]  there's no actual precedent for it but the Supreme Court has said that a person
[39:32.260 --> 39:35.780]  is not going to get a fair hearing a poor person won't get a fair hearing
[39:35.780 --> 39:41.820]  because they don't understand the law and you know they can't argue the law
[39:41.820 --> 39:45.580]  like an attorney can and that part is true unless you're really well trained
[39:45.580 --> 39:50.820]  in it let's see where we go from there and in the meantime I'll work on some of
[39:50.820 --> 39:55.700]  this but I really liked your explanation of the affidavit and what it can and
[39:55.700 --> 40:02.900]  can't do and how to back that up and hopefully on the telegram board that we
[40:02.900 --> 40:06.820]  can put some of you know examples in and people will read it and give us you know
[40:06.820 --> 40:11.820]  ideas because I mean what else can we do and you're doing a great job without
[40:11.820 --> 40:17.220]  Randy so it's probably listening in and critiquing you but Randy Brett's doing
[40:17.220 --> 40:24.820]  a good job all right well thank you Tina appreciate your call tonight
[40:24.820 --> 40:32.620]  thank you you do well in this endeavor talk to you soon okay okay bye bye bye
[40:32.620 --> 40:37.580]  all right and now we're going to go to our next caller which is James in Texas
[40:37.580 --> 40:45.860]  good evening James how are you doing Brett hey there long time no talk to you
[40:45.860 --> 40:51.700]  sir appreciate you texting texting me back Monday I ended up getting what I
[40:51.700 --> 41:00.420]  needed accomplished but I haven't had any problems in about two years until
[41:00.420 --> 41:08.540]  July 9th I got a vacation yeah yeah I got pulled over brake lights were out the
[41:08.540 --> 41:15.380]  one above the trunk work but the two lower lower ones weren't working and I
[41:15.380 --> 41:21.940]  didn't get a ticket for that he gave me a citation for no insurance expired
[41:21.940 --> 41:30.340]  license and failure to display driver's license so your display yeah I never I
[41:30.340 --> 41:35.900]  never give him anything and I did not know that my license was expired I
[41:35.900 --> 41:43.460]  thought it expired in 2022 turns out it was it's my I have a state ID also
[41:43.460 --> 41:50.180]  that's the one that expires in 2022 okay my driver's license to expire and I
[41:50.180 --> 41:57.180]  don't have any plans to renew it but that kind of took me by surprise so but
[41:57.180 --> 42:02.460]  yeah didn't even get a ticket for the reason I was pulled over but I need
[42:02.460 --> 42:09.220]  issued those three because of contempt a cop I wouldn't answer questions invoke
[42:09.220 --> 42:15.500]  my fifth amendment collect all right the at my first our initial appearance
[42:15.500 --> 42:25.500]  yesterday I bought my paperwork and of course the payers maintained financial
[42:25.500 --> 42:30.900]  responsibility got dismissed today and there's something I didn't even think
[42:30.900 --> 42:38.980]  about it until today the fine for that was $365 I thought $200 was the
[42:38.980 --> 42:43.900]  most they could charge you you know that's a good point I remember seeing
[42:43.900 --> 42:48.780]  something about the 200 max and and we argued at this was I don't know 2018 we
[42:48.780 --> 42:55.340]  argued because they were charging my friend at $201 and I said well that's
[42:55.340 --> 42:59.300]  not right and we went and looked up something and they had it as some kind
[42:59.300 --> 43:08.820]  of category that it was a $500 because class C in Texas and I don't know I
[43:08.820 --> 43:12.420]  didn't really dig too much into it but apparently they there's another limit
[43:12.420 --> 43:20.460]  that they can go up to yeah somehow I remember the 202 yeah and it's there
[43:20.460 --> 43:25.020]  it's there I just don't I don't know I haven't done the research to figure out
[43:25.020 --> 43:29.580]  which what's the characteristics that can make it bump out of that category into
[43:29.580 --> 43:35.020]  this other not sure I may need to try to call him talk to Eddie and he you know
[43:35.020 --> 43:41.020]  in here me probably knows it oh yeah right off the top of his head yeah well
[43:41.020 --> 43:47.940]  I guess we got a break coming up yes sir we'll be we'll be going to sponsors
[43:47.940 --> 43:52.220]  here and the call-in number we've got one more slot on the board it's 512
[43:52.220 --> 44:00.460]  646 1984 so calling if you've got a question we'll be right back I love
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[45:56.540 --> 46:02.260]  call toll-free 866 law easy
[46:02.260 --> 46:22.540]  okay we are back the rule of law radio Randy Kelton I am Brett fountain Randy's
[46:22.540 --> 46:30.700]  not actually with us this evening but we have music there goes and Randy's
[46:30.700 --> 46:35.700]  doing a lot of coughing this evening so pray for Randy's health we're talking
[46:35.700 --> 46:42.420]  right now with James in Texas says alright we got there is James in Texas
[46:42.420 --> 46:49.700]  and we're talking about some tickets that you just got and the telescope what
[46:49.700 --> 46:52.780]  is it that you filed you said you went and you went down to the court and you
[46:52.780 --> 46:56.220]  filed your in your first round of paperwork what was that about what did
[46:56.220 --> 47:02.460]  you file I filed a special parents challenges subject managers fiction
[47:02.460 --> 47:08.060]  but a bit of it see what else I'm a city trial
[47:08.780 --> 47:15.820]  motion for a fair and impartial hearing or trial I've had one of those got
[47:15.820 --> 47:24.300]  denied one time well this is what's funny the judge that the JP that I that
[47:24.300 --> 47:30.980]  has this case and this is something I wanted to ask you about he denied my
[47:30.980 --> 47:37.860]  motion for a fair and impartial trial back in 2018 of course was denied
[47:37.860 --> 47:41.940]  everything out of hand and he did it in front of the assistant county attorney
[47:41.940 --> 47:47.460]  the deputy they rolled two tickets in the one trial share step in the state
[47:47.460 --> 47:54.100]  trooper the deputy was there and then the bailiff so and I just kind of
[47:54.100 --> 48:00.220]  sat back and kind of got a little grin on my face and I saw the assistant
[48:00.220 --> 48:05.700]  county attorney kind of look at me like why is he smiling and I didn't say I
[48:05.700 --> 48:11.220]  said you're denying all my motions he said yes I said okay so of course I
[48:11.220 --> 48:16.940]  immediately followed this qualification motion against him criminal charges and
[48:16.940 --> 48:26.420]  he refused himself mm-hmm so when I went in and he assigned it to the precinct
[48:26.420 --> 48:33.180]  one judge across town and my understanding they have to bring a
[48:33.180 --> 48:41.420]  visiting judge in correct they have to if they recuse themselves I have to have
[48:41.420 --> 48:45.580]  the admin judge there's these administrative judicial regions and
[48:45.580 --> 48:52.060]  there's an admin judge that oversees the areas and they have to assign some
[48:52.060 --> 48:59.420]  other judge to hear your case but the precinct two would be the one that had
[48:59.420 --> 49:05.220]  the original court would have the venue correct don't bring a visiting judge in
[49:05.220 --> 49:09.340]  to that court yes yes they can't send you to a different place that's the wrong
[49:09.340 --> 49:15.340]  venue yes this last time they sent it to precinct one and I didn't even snap
[49:15.340 --> 49:20.300]  to that till about a week ago and I wouldn't went ahead and went over to the
[49:20.300 --> 49:25.420]  other court it's just across town but when I went in yesterday I'm following
[49:25.420 --> 49:31.900]  all this the clerk I was talking to I didn't recognize her I think she's
[49:31.900 --> 49:36.100]  started working there within the last two years and I'm guessing she's roughly
[49:36.100 --> 49:44.660]  my age you know mid 50s the other clerk finally got up which she's been there
[49:44.660 --> 49:49.500]  ever since I started dealing with this stuff and she walked over and she went
[49:49.500 --> 49:54.180]  oh I remember you you're the one that thinks the law doesn't apply to you and
[49:54.180 --> 50:00.740]  I looked at her and I said ma'am I've never said that in my life law applies to
[50:00.740 --> 50:06.140]  everyone equally citizens and public servants life and she just went well all
[50:06.140 --> 50:11.780]  I know is you and Judge Puckett got cross ways with each other and that's why
[50:11.780 --> 50:17.260]  he retreat refused himself I said no ma'am I said we did get cross ways with
[50:17.260 --> 50:20.980]  each other I said I actually came back the next day and apologized to the judge
[50:20.980 --> 50:26.980]  he apologized to me we were fine he was had to refuse himself because he
[50:26.980 --> 50:30.820]  denied you know my motion for a fair name partial trial I said he let me know
[50:30.820 --> 50:35.820]  I would never get a fair trial in front of me I said he's gonna have to recuse
[50:35.820 --> 50:42.260]  himself this time since he did that in the past and she said yeah it'll go back
[50:42.260 --> 50:47.140]  to judge ball again I said yeah and that was a problem last time I had to go to
[50:47.140 --> 50:51.260]  that court this is the court that has jurisdiction not that court and she
[50:51.260 --> 50:56.700]  jumped down my throat you're not gonna tell us how to run our court and by I
[50:56.700 --> 51:03.900]  said ma'am ma'am do you think the law doesn't apply to you yeah I just said ma'am
[51:03.900 --> 51:08.700]  what you don't understand is this is not your court this is not Judge Puckett's
[51:08.700 --> 51:14.340]  court this is my court this is the people of Angelina County's court and we
[51:14.340 --> 51:19.820]  very graciously allow you to administer to its duty well that just sent her all
[51:19.820 --> 51:26.020]  into huff but she finally took all my motions and they were both in and I was
[51:26.020 --> 51:31.220]  nice enough I didn't even file and I have no plans on filing charges against
[51:31.220 --> 51:35.380]  either of those ladies or impersonating the magistrate they both tried to take my
[51:35.380 --> 51:45.500]  plea and I'm not gonna do it good for you you know I could I could be a jackass
[51:45.500 --> 51:54.420]  but I'm not gonna do it but it just blew my mind that they got so angry with
[51:54.420 --> 51:58.300]  me when I never raised in matter of fact I was talking you know through the
[51:58.300 --> 52:01.980]  hole in the glass and the lady kept telling me you got to speak up I said
[52:01.980 --> 52:07.180]  I'm getting older my hearing to go on high sometimes speak too loud I'm trying
[52:07.180 --> 52:12.820]  not to come in here and blow you out and so they kept having asked me to speak
[52:12.820 --> 52:24.340]  up so I was perfectly polite with them and they just I guess miss Presley is
[52:24.340 --> 52:29.140]  protecting the judge or something I don't know but interesting when this
[52:29.140 --> 52:33.940]  when this gets started because judge pocket doesn't like me judge ball
[52:33.940 --> 52:40.420]  doesn't like neither one of them well you could have something to do with you
[52:40.420 --> 52:46.060]  embarrassing them you know when you call these public officials out and you you
[52:46.060 --> 52:52.460]  highlight and something they did that was lawless that's embarrassing yeah and
[52:52.460 --> 52:59.420]  judge pocket the one who accused himself is a little short guy was a game
[52:59.420 --> 53:06.340]  warden for 32 years and just as cocky as a banny rooster
[53:06.340 --> 53:12.860]  getting his bluff in on people which I understand you're a game warden you're
[53:12.860 --> 53:18.940]  out in the woods with people with guns that could be a good thing to do you
[53:18.940 --> 53:23.740]  know but where he's at now he doesn't need to be doing he's acting just like
[53:23.740 --> 53:29.420]  he did out in the woods in the court can't do that but
[53:29.940 --> 53:36.980]  let's see I had two tickets I had a ticket in an acedotus municipal court
[53:36.980 --> 53:44.740]  with three charges ran out of the statute of limitations October 28 I got
[53:44.740 --> 53:50.740]  Eddie's favorite judge judge bringer kicked off the court because she has
[53:50.740 --> 53:57.140]  signed she took it upon herself to assign her disqualification motion to her
[53:57.140 --> 54:07.300]  associate judge here and I get called in for a status conference I go in at 9
[54:07.300 --> 54:12.820]  o'clock had to be at work in an acedotus at 10 so it wasn't that big a deal you
[54:12.820 --> 54:23.740]  know I'm in the same town and have the status conference with the city part
[54:23.740 --> 54:30.300]  city attorney he leaves and I get up to leave and the judge tells me you need to
[54:30.300 --> 54:35.660]  hang around for a while until I talk to these other people and I said this is the
[54:35.660 --> 54:39.540]  judge that has just been assigned or the judge that was yeah yeah and judge do
[54:39.540 --> 54:47.420]  bury and she said well you you got a disqualification motion against judge
[54:47.420 --> 54:53.580]  bringer and she assigned it to me to hear here and I went first I've never
[54:53.580 --> 55:01.140]  given any notice of a hearing on this and I said second that's not her place to
[55:01.140 --> 55:08.540]  sign it she has no with you exactly she said yeah she said and I mean she got at
[55:08.540 --> 55:14.020]  least women look like they could be sisters they're both blondes both very
[55:14.020 --> 55:18.980]  arrogant which if you've heard Eddie talk about wanting to spring before you
[55:18.980 --> 55:25.060]  you kind of get the picture but she said well she assigned it to me and I'm
[55:25.060 --> 55:31.700]  gonna hear it today so you might want to stick around and I went ma'am you have
[55:31.700 --> 55:35.940]  no authority to hear it so I really don't care what you do I'm going to work
[55:35.940 --> 55:40.500]  and I just turned around walked out of the courtroom went to work and I'm a
[55:40.500 --> 55:48.060]  little bit hostile and volatile at that time and so I call head administrative
[55:48.060 --> 55:55.740]  judge over in Underwood's office up in Long Beach and the lady I needed to speak
[55:55.740 --> 56:01.180]  to wasn't there she was on vacation I think this was on a Thursday well
[56:01.180 --> 56:08.540]  Saturday I get a an order from the court denying my disqualification motion so I
[56:08.540 --> 56:14.620]  call him order from which court from judge do bury or what
[56:14.620 --> 56:20.580]  Nacogdoches municipal court a judge who you disqualified she denied have the
[56:20.580 --> 56:25.380]  other motion for her own disqualification no the judge her
[56:25.380 --> 56:32.140]  associate judges here find to hear it find the motion judge do bury boy they've
[56:32.140 --> 56:38.180]  just got all kinds of golf exactly so I call back Monday morning and I can't
[56:38.180 --> 56:42.780]  remember the lady's name and judge underwood's office that I spoke to but
[56:42.780 --> 56:47.300]  it was his assistant and I'm asking her about this I said you know has it been
[56:47.300 --> 56:54.500]  assigned and she said no I was out of the office last week I'm the one that
[56:54.500 --> 57:01.820]  assigns judges to hear disqualification motions and I was on vacation and so I
[57:01.820 --> 57:09.180]  told her what happened and she said do what or she did what and I said yes ma'am
[57:09.180 --> 57:15.860]  and I said in Saturday I got an order from judge do bury deny my
[57:15.860 --> 57:21.100]  disqualification motion she said you got an order yep can you send that to me
[57:21.100 --> 57:27.220]  yes ma'am I scanned it and emailed it to her and I said and by the way this
[57:27.220 --> 57:32.660]  hearing the status conference where this all came up I recorded it would you like
[57:32.660 --> 57:38.740]  a copy of the recording she said yes I would I said what's your address of course
[57:38.740 --> 57:43.620]  I already had her address but put her name on it ran down the staples got a
[57:43.620 --> 57:49.300]  flash bottle flash drive burned it to it and sent it to him next time I go for
[57:49.300 --> 57:56.620]  status conference judge do bury there again here we go again but she was as
[57:56.620 --> 58:03.260]  nice as she can be she's terrified of me yeah now I type up a motion I said I
[58:03.260 --> 58:07.860]  don't understand what I'm still doing here why has this not been dismissed she
[58:07.860 --> 58:12.260]  will talk about this I think you've got a free motion to dismiss in the record
[58:12.260 --> 58:23.980]  well type up another one okay well yep it really does make a big difference from
[58:23.980 --> 58:28.900]  the time that you you start to push back till the time they they see they're not
[58:28.900 --> 58:33.580]  gonna win and they have to just start following the law it's a beautiful
[58:33.580 --> 58:39.700]  thing all right we've got another slot on the caller board it is five one two
[58:39.700 --> 58:50.920]  six four six 1984 and we'll be right back after these sponsors the Bible
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[59:51.900 --> 59:58.500]  you're listening to the logo's radio network at logo's radio network
[59:58.500 --> 01:00:06.980]  the following new flash is brought to you by the low star lowdown markets for
[01:00:06.980 --> 01:00:11.580]  Monday the 22nd of July 2019 open with precious metals gold one thousand four
[01:00:11.580 --> 01:00:14.580]  hundred twenty nine dollars an ounce silver sixteen dollars forty five
[01:00:14.580 --> 01:00:18.420]  cents an ounce copper two dollars and seventy five cents an ounce oil Texas
[01:00:18.420 --> 01:00:21.780]  crew fifty five dollars and sixty three cents a barrel Brent crew sixty two
[01:00:21.780 --> 01:00:25.260]  dollars and forty seven cents a barrel and crypto is an order of market cap
[01:00:25.260 --> 01:00:28.820]  Bitcoin core ten thousand five hundred sixty six dollars and fifty two cents
[01:00:28.820 --> 01:00:33.180]  ethereum two hundred twenty seven dollars and twenty six cents XRP ripple
[01:00:33.180 --> 01:00:37.580]  thirty three cents like coin hundred dollars and thirty one cents and Bitcoin
[01:00:37.580 --> 01:00:43.380]  cash is at three hundred twenty four dollars and ten cents of crypto coin
[01:00:43.380 --> 01:00:51.860]  history the year 1916 the preparedness day bombing a time suitcase bomb was
[01:00:51.860 --> 01:00:55.860]  detonated on market street in San Francisco during the World War one
[01:00:55.860 --> 01:01:05.140]  preparedness day parade killing 10 and entering 40 today in history and recent
[01:01:05.140 --> 01:01:09.460]  news since governor Greg Abbott signed House bill 1325 legalizing happen
[01:01:09.460 --> 01:01:13.660]  taxes law back in June County prosecutors around the state including Houston
[01:01:13.660 --> 01:01:17.420]  Austin San Antonio have been dropping marijuana possession charges and even
[01:01:17.420 --> 01:01:20.820]  refusing to file new ones since they are stipulating that they do not have the
[01:01:20.820 --> 01:01:25.580]  time or the laboratory equipment to test the ear for THC Margaret Moore the
[01:01:25.580 --> 01:01:28.860]  Travis County District Attorney announced earlier this month that she was
[01:01:28.860 --> 01:01:32.940]  dismissing 32 felony possession and delivery of marijuana cases because of
[01:01:32.940 --> 01:01:36.380]  the law Mr. Abbott and other state officials and including the Attorney
[01:01:36.380 --> 01:01:39.420]  General stipulated in a letter to County District attorneys back on
[01:01:39.420 --> 01:01:43.300]  Thursday that marijuana has not been decriminalized in Texas and that these
[01:01:43.300 --> 01:01:48.740]  actions demonstrate a misunderstanding of how HP 1325 works as well as other
[01:01:48.740 --> 01:01:54.660]  cities too like the District Attorney in El Paso Kyma Esparza a Democrat who
[01:01:54.660 --> 01:01:59.020]  also stated earlier this month that the law quote will not have an effect on the
[01:01:59.020 --> 01:02:03.460]  prosecution of marijuana cases in El Paso however the issue was succinctly
[01:02:03.460 --> 01:02:07.180]  summarized by Mr. Brandon Ball an assistant public defender in Harris
[01:02:07.180 --> 01:02:10.780]  County who stated that quote the law is constantly changing on what makes
[01:02:10.780 --> 01:02:14.660]  something illegal based on its chemical makeup it's important that if someone is
[01:02:14.660 --> 01:02:23.220]  charged with something the test matches with their charged with it a paper by
[01:02:23.220 --> 01:02:27.620]  Tulane University identified a five and a half inch American pocket shark as the
[01:02:27.620 --> 01:02:32.060]  first of its kind in the Gulf of Mexico the specimen being only the second
[01:02:32.060 --> 01:02:36.420]  pocket shark ever captured or recorded with the other one being found way back
[01:02:36.420 --> 01:02:40.740]  in 1979 in the East Pacific Ocean according to the University paper the
[01:02:40.740 --> 01:02:45.820]  sharks it creates a lumus fluid from a gland near its front fins for the
[01:02:45.820 --> 01:03:03.740]  purpose it is hypothesized to learn and pray maybe drawn into the globe
[01:03:15.820 --> 01:03:31.700]  okay we are back this is the rule of law radio Randy Kelton I'm Brett Fountain
[01:03:31.700 --> 01:03:41.620]  and this is Thursday the 29th of July 2021 and we do have a seminar coming up
[01:03:41.620 --> 01:03:46.660]  it'll be in about a month that's gonna be on Saturday in Austin we're gonna have
[01:03:46.660 --> 01:03:54.660]  the 28th of August Saturday the 28th well we're not disclosing the location yet
[01:03:54.660 --> 01:03:59.660]  already said last time we disclosed the location we had a had some trouble with
[01:03:59.660 --> 01:04:06.780]  people gathering up early and showing and making up yeah there was a problem
[01:04:06.780 --> 01:04:09.860]  with the gathering I don't know let's get some more details about that and some
[01:04:09.860 --> 01:04:16.100]  instructions but yeah he said that there are 65 slots left so go ahead and
[01:04:16.100 --> 01:04:23.300]  reach out to Randy you can email him Randy at ruleoflawradio.com he said
[01:04:23.300 --> 01:04:30.700]  he'll be happy to put your name down save you a slot so we are speaking right
[01:04:30.700 --> 01:04:36.740]  now with James in Texas James has been teaching his public servants how to
[01:04:36.740 --> 01:04:44.940]  follow the law go ahead James tell us some more about that yeah I'll have to
[01:04:44.940 --> 01:04:49.300]  email Randy tomorrow about that seminar I'd be interested in coming down to that
[01:04:49.300 --> 01:04:55.380]  but anyway I get back to my office I start typing up yet another motion to
[01:04:55.380 --> 01:05:02.620]  dismiss and the more I type the angrier I got and I finally just quit and I said
[01:05:02.620 --> 01:05:09.180]  you know what they've already got three of them in the record but I'm just gonna
[01:05:09.180 --> 01:05:16.060]  wait and see what happens and I never heard from the court again and like I
[01:05:16.060 --> 01:05:21.700]  said it ran out of the statute of limitations October 28th I had another
[01:05:21.700 --> 01:05:31.820]  one here in the city of Lufkin Municipal Court that two charges I go in of course
[01:05:31.820 --> 01:05:38.580]  got called to play let's make a deal bar grievance yeah bar grievance and
[01:05:38.580 --> 01:05:42.380]  criminal complaints against the city they're calling the city prosecutor here
[01:05:42.380 --> 01:05:49.980]  not to the attorney and then the judge I filed a bar grievance and criminal
[01:05:49.980 --> 01:05:55.500]  complaints against her I still have never seen the judge apparently it's an
[01:05:55.500 --> 01:06:00.380]  African-American woman who's also an attorney in Pam still haven't seen her
[01:06:00.380 --> 01:06:06.780]  but she immediately recused herself and assigned the judge from the Huntington
[01:06:06.780 --> 01:06:12.060]  or somebody assigned the judge from the Huntington Municipal Court to hear the
[01:06:12.060 --> 01:06:19.900]  case I gotta went by the post office and I had some certified mail picked it up
[01:06:19.900 --> 01:06:24.580]  on the way home my transmission went out in my car
[01:06:24.580 --> 01:06:30.460]  but can't pick it up and it's like six weeks later when I finally got to have
[01:06:30.460 --> 01:06:35.340]  problems getting parts for it got my car back well when I get my car back what
[01:06:35.340 --> 01:06:40.820]  do I see but that certified mail and I opened it up and I'm like oh crap I'm
[01:06:40.820 --> 01:06:46.900]  just a court date I've got a warrant for my arrest so I call the Lufkin
[01:06:46.900 --> 01:06:52.460]  Municipal Court and they're going we have no record of this I'm call Huntington so
[01:06:52.460 --> 01:06:59.820]  I call Huntington and I've talked to the court scheduler and she's you know I
[01:06:59.820 --> 01:07:03.780]  explained the situation I said if I've got a warrant I want to come in and take
[01:07:03.780 --> 01:07:09.340]  care of it apparently I missed it she said no they canceled that court date
[01:07:09.340 --> 01:07:16.820]  and I'm sure you have no warrant out for your arrest and so I mean I never heard
[01:07:16.820 --> 01:07:23.820]  anything from from them hmm and it ran out of the statute limitations January
[01:07:23.820 --> 01:07:29.020]  31st why don't you just say something about that for the listeners you're
[01:07:29.020 --> 01:07:33.620]  mentioning these the statute of limitations why is that special why is
[01:07:33.620 --> 01:07:39.260]  that important well they've got two years to prosecute on a class C misdemeanor
[01:07:39.260 --> 01:07:48.060]  or four months from the time a actual complaint is filed and of course I make
[01:07:48.060 --> 01:07:52.580]  them file a complaint every time that's why I wouldn't enter a plea yesterday
[01:07:52.580 --> 01:07:57.500]  because I haven't even proper notice of the nature and cause the charge against
[01:07:57.500 --> 01:08:05.580]  me and it's also what really your stated these court clerks yesterday and that
[01:08:05.580 --> 01:08:09.340]  matter of fact that the one lady after they finally took my paperwork she said
[01:08:09.340 --> 01:08:13.540]  I don't understand how you think you're gonna get a speedy trial when you
[01:08:13.540 --> 01:08:17.900]  aren't even in her a plea
[01:08:17.900 --> 01:08:25.940]  please stop I don't want to file criminal charges against you I like to tell
[01:08:25.940 --> 01:08:29.460]  them when they're acting ignorant I just tell them I'm sorry ma'am I can't give
[01:08:29.460 --> 01:08:35.340]  you legal advice well I didn't think about that but I'm just I'm thinking to
[01:08:35.340 --> 01:08:41.900]  myself you're trying to push my buttons and I'm doing my best not to let you I
[01:08:41.900 --> 01:08:48.380]  have no I have no issue with these ladies why would why would I want to to
[01:08:48.380 --> 01:08:55.020]  mess with their lives and their livelihood you know it was funny I could
[01:08:55.020 --> 01:09:01.860]  see out of the corner of my left eye the judges door opened to his office and I
[01:09:01.860 --> 01:09:05.860]  could hear him moving around out there and I know he could hear me and I know
[01:09:05.860 --> 01:09:16.700]  he knows my voice I never saw hide no hair him any part of me I mean the first
[01:09:16.700 --> 01:09:24.100]  time when we got into it two years ago we both had our voices raised and he
[01:09:24.100 --> 01:09:30.980]  told me twice I don't see people on traffic sanitation which tells me he's
[01:09:30.980 --> 01:09:37.220]  delegated his authority to take place to the clerks you know he's worse than
[01:09:37.220 --> 01:09:40.260]  them and the beam talents it's the way I look at it
[01:09:40.260 --> 01:09:45.780]  yeah that's what it seems like impersonating a judicial officer yeah he
[01:09:45.780 --> 01:09:53.460]  got it was enough that his bailiff came out dressed in black fatigues black
[01:09:53.460 --> 01:09:59.300]  t-shirt gun on and he got straight across from my face against the cabinet
[01:09:59.300 --> 01:10:03.940]  and leaned up against it with his arms folding mean no to me and I just looked
[01:10:03.940 --> 01:10:10.740]  up at him and smile and wave kind of wave daddy you know I'm sorry you're not
[01:10:10.740 --> 01:10:19.100]  gonna intimidate me like that but it's this doesn't get to be fun I mean the
[01:10:19.100 --> 01:10:26.900]  one trial I went to I lost got my nose bloodied that learned some I learned
[01:10:26.900 --> 01:10:33.740]  from it though and I missed my 10-day window to appeal because I think the
[01:10:33.740 --> 01:10:39.580]  day after the trial I headed to Louisiana my dad had a medical procedure
[01:10:39.580 --> 01:10:46.100]  and I was out of town for a while and ended up missing my window to appeal so
[01:10:46.100 --> 01:10:51.500]  I ended up just paying it but um mm-hmm and that's one thing I realized today
[01:10:51.500 --> 01:10:55.620]  and matter of fact on my way up here to call in I realized I forgot to file a
[01:10:55.620 --> 01:11:00.900]  notice of appeal so I will do that Monday or Tuesday morning I'll get it
[01:11:00.900 --> 01:11:06.540]  typed up tomorrow and file that so it'll it'll just be there in the record when
[01:11:06.540 --> 01:11:12.500]  it you know when the time comes it'll already be there so but one question I
[01:11:12.500 --> 01:11:21.060]  wanted to ask when well what do you do when the judge just says well I've got
[01:11:21.060 --> 01:11:28.300]  subject matter jurisdiction and I've got personal jurisdiction well when I like
[01:11:28.300 --> 01:11:33.100]  to say that uh on what grounds your owner are you making that decision on
[01:11:33.100 --> 01:11:37.580]  what grounds because that's kind of like throwing a flag on the field you can
[01:11:37.580 --> 01:11:45.060]  you can then you can say well defense raises an exception your honor and he
[01:11:45.060 --> 01:11:51.180]  will say and that your your request has been ignored in the project he's not
[01:11:51.180 --> 01:11:56.460]  gonna he's not gonna say that he's gonna say noted which means I'm not doing
[01:11:56.460 --> 01:12:00.300]  anything about it I'm gonna go ahead my merry way and do whatever I want to you
[01:12:00.300 --> 01:12:05.940]  railroading shall continue but by saying that you have when you say you're
[01:12:05.940 --> 01:12:13.020]  raising an exception that's like putting a little a pin in it for the appellate
[01:12:13.020 --> 01:12:17.940]  court to review his behavior well but here's the thing this is a quarter no
[01:12:17.940 --> 01:12:26.460]  record to JP court okay I'm kind of going really the judge can do whatever
[01:12:26.460 --> 01:12:32.980]  you want yeah pretty much without a record so I guess the only thing I could
[01:12:32.980 --> 01:12:38.220]  do is would be to object and file a written objection but you've also got
[01:12:38.220 --> 01:12:41.900]  criminal charges which is kind of outside the lines of what his little
[01:12:41.900 --> 01:12:45.780]  playground you know you've also got criminal charges and you know how to
[01:12:45.780 --> 01:12:51.260]  use those yes yeah well I understand that but I'm just thinking about when
[01:12:51.260 --> 01:12:56.460]  I'm there and he says I would think the only thing I could do would be to object
[01:12:56.460 --> 01:13:03.700]  and then file a judicial kind of complaint file yeah criminal charges and I
[01:13:03.700 --> 01:13:07.260]  think you're right that's really pretty much what's what's available to us is
[01:13:07.260 --> 01:13:14.620]  in a situation like that but you win the second judge at precinct one took the
[01:13:14.620 --> 01:13:19.700]  case over I was going to record it with the GoPro and the beta came out and
[01:13:19.700 --> 01:13:25.580]  told me you can't do it don't please don't tell me that make the judge tell me
[01:13:25.580 --> 01:13:33.380]  that and of course the judge did he came and took my my GoPro because this
[01:13:33.380 --> 01:13:40.500]  beta was really nice at precinct one I didn't want to mess with him that's why
[01:13:40.500 --> 01:13:45.780]  I told him don't you tell me that have the judge tell me that but now with the
[01:13:45.780 --> 01:13:53.500]  Turner v. Driver decision if I go in there with the GoPro I'll be asking the
[01:13:53.500 --> 01:13:58.780]  beta to arrest him next time if they won't there you go for you know exactly
[01:13:58.780 --> 01:14:09.420]  so or either I'll call 9-1-1 either one mm-hmm and I'll have a copy of that the
[01:14:09.420 --> 01:14:15.380]  fifth circuit circuit court's decision on that which I can give to the beta try
[01:14:15.380 --> 01:14:25.060]  there read it but which and I thought Randy had sent it to me but I was
[01:14:25.060 --> 01:14:30.700]  looking through my emails today I've got everything you guys have sent me in the
[01:14:30.700 --> 01:14:42.060]  past in one folder for court court stuff okay so the what court case was it
[01:14:42.060 --> 01:14:52.820]  that motion centered into the record that are that the opposition doesn't
[01:14:52.820 --> 01:15:01.300]  respond to become judicial admissions yeah you're talking about a discovery
[01:15:01.300 --> 01:15:06.500]  request and it's a special kind of discovery request that's good that you
[01:15:06.500 --> 01:15:10.940]  bring that up because we had some people were asking about discovery and and that
[01:15:10.940 --> 01:15:16.420]  that leads nicely into it because this is I think probably my favorite kind of
[01:15:16.420 --> 01:15:22.900]  discovery request you've got when you want to have the other side produce
[01:15:22.900 --> 01:15:28.340]  something you've got production you've got disclosure you've got interrogatories
[01:15:28.340 --> 01:15:34.260]  you can subpoena somebody you have deposition of somebody to you can do
[01:15:34.260 --> 01:15:40.260]  deposition on written questions my favorite one is admissions you make some
[01:15:40.260 --> 01:15:47.580]  statements statements of fact and you write it up in such a way kind of like
[01:15:47.580 --> 01:15:52.340]  writing in affidavit you make a statement this is this is the truth and
[01:15:52.340 --> 01:15:56.460]  you put that statement out there and you write them you have to kind of think
[01:15:56.460 --> 01:16:02.820]  about it sit back on your couch and just imagine what is a statement that if
[01:16:02.820 --> 01:16:08.300]  they agree that it's true cuts the knees out from under them and they don't have
[01:16:08.300 --> 01:16:12.740]  a case anymore so you write up statements like that in Texas you're
[01:16:12.740 --> 01:16:19.660]  limited to 15 of them and you you make these statements and then they have to
[01:16:19.660 --> 01:16:25.700]  say they have to either admit or deny or they have to say they don't have any
[01:16:25.700 --> 01:16:31.220]  knowledge about that and if they don't answer within 30 days then it is deemed
[01:16:31.220 --> 01:16:37.140]  as a matter of law it's deemed to be admitted the purpose of that is so that
[01:16:37.140 --> 01:16:44.220]  you can reduce the scope of what needs to be adjudicated in the court case and
[01:16:44.220 --> 01:16:48.900]  that means whenever they get to court they can't argue those things it's
[01:16:48.900 --> 01:16:53.380]  already been admitted we'll talk some more about that after we come back we
[01:16:53.380 --> 01:16:59.420]  got we're gonna go to our sponsors and we'll be right back
[01:16:59.420 --> 01:17:04.700]  Logos Radio Network welcomes a new show to our lineup for the new year
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[01:19:09.660 --> 01:19:33.380]  okay we are back rule of law radio Randy Kelton I'm Brett Fountain and right
[01:19:33.380 --> 01:19:38.180]  now we're talking with James in Texas I see some other people on the board there
[01:19:38.180 --> 01:19:43.020]  I see Craig I see you Jerry EJ hopefully we'll be able to get to everybody
[01:19:43.020 --> 01:19:49.540]  right now we're talking about discovery and specifically about admissions James
[01:19:49.540 --> 01:19:52.780]  you were asking about what is this that they if they admit it if they don't
[01:19:52.780 --> 01:20:00.100]  answer then it's considered admitted and that is a discovery request and it's a
[01:20:00.100 --> 01:20:05.500]  specific kind of discovery request called admissions and you make these
[01:20:05.500 --> 01:20:13.180]  statements these statements are designed for the other side to answer with a
[01:20:13.180 --> 01:20:16.940]  very simple they just admit it or they deny it if they deny your statement
[01:20:16.940 --> 01:20:20.860]  then that means nothing more than this is going to have to go to court and it's
[01:20:20.860 --> 01:20:24.580]  going to have to be adjudicated whether or not this statement is true but if they
[01:20:24.580 --> 01:20:29.300]  admit the your statement then that limits the scope of what needs you know
[01:20:29.300 --> 01:20:36.380]  when you get to the court what needs to be handled so courts like this because
[01:20:36.380 --> 01:20:44.900]  it shrinks the the size of what has to be adjudicated for example at the time
[01:20:44.900 --> 01:20:51.140]  Evan Kozak this is an officer who was an arresting officer one time at the time
[01:20:51.140 --> 01:20:55.940]  Evan Kozak had been provided sufficient and accurate information regarding the
[01:20:55.940 --> 01:21:01.340]  limits of his authority to arrest without warrant for traffic offenses so this
[01:21:01.340 --> 01:21:08.580]  statement if the prosecutor admits it then she's throwing the cop under the
[01:21:08.580 --> 01:21:12.460]  bus because the cop is acting outside of his authority and he was properly
[01:21:12.460 --> 01:21:19.700]  trained in that but if she denies it then she's throwing herself under the bus
[01:21:19.700 --> 01:21:24.300]  because well she didn't train him properly regarding the limits of his
[01:21:24.300 --> 01:21:32.220]  authority so what is she going to do if she doesn't answer it's considered a
[01:21:32.220 --> 01:21:40.660]  judicial admission and she is barred from arguing that point so I guess in this
[01:21:40.660 --> 01:21:49.500]  case it was a EPS trooper a question I would ask would or a statement I would
[01:21:49.500 --> 01:21:55.500]  say would be EPS troopers have the authority to supervise all traffic on
[01:21:55.500 --> 01:22:03.020]  rural highways and then which is would be yeah that wouldn't get you the case
[01:22:03.020 --> 01:22:07.900]  destroyed though you want to just go for the juggler you want the statement when
[01:22:07.900 --> 01:22:13.340]  admitted to just destroy their case correct which would be the second
[01:22:13.340 --> 01:22:23.100]  bullet point okay EPS troopers only have the authority to regulate commercial
[01:22:23.100 --> 01:22:34.060]  and for higher traffic there you go if she says yes or if the prosecutor says
[01:22:34.060 --> 01:22:40.820]  yes they have no proof that I was engaged in commerce on the highway they
[01:22:40.820 --> 01:22:50.900]  can't produce it right and then you know I could say trooper must must have how
[01:22:50.900 --> 01:22:53.940]  would I take court
[01:22:58.180 --> 01:23:03.820]  one thing you could say otherwise discovered a passenger manifest bill
[01:23:03.820 --> 01:23:11.060]  relating or commercial logbook there you go you know and if she doesn't answer
[01:23:11.060 --> 01:23:16.540]  then that is admitted and then if you get the court and she starts to try to
[01:23:16.540 --> 01:23:21.660]  talk about that whoa whoa I object this is an inconsistent statement she's
[01:23:21.660 --> 01:23:29.740]  already admitted the opposite whoa I didn't admit that yes you did so then
[01:23:29.740 --> 01:23:34.060]  that that becomes a stop all it's called if you can't talk about that you've
[01:23:34.060 --> 01:23:40.500]  already made a contrary statement yeah another way that you could go at that is
[01:23:40.500 --> 01:23:45.420]  to make a statement like saying that that officer knows that the operative
[01:23:45.420 --> 01:23:50.620]  technical meanings of words or terms like transportation driving operating
[01:23:50.620 --> 01:23:55.060]  motor vehicle they all have a strictly commercial context for higher
[01:23:55.060 --> 01:24:00.140]  activity commerce by a carrier for profit so then are they going to check the
[01:24:00.140 --> 01:24:04.740]  boxer admitting that or they're going to deny that and they're going to have to
[01:24:04.740 --> 01:24:10.820]  argue that they don't have a way to argue that because it's the truth then they
[01:24:10.820 --> 01:24:13.900]  want to skirt around it so they're going to ignore it but then that's going to be
[01:24:13.900 --> 01:24:20.020]  a judicial admission yeah so I guess I need to be typing that up tomorrow
[01:24:20.020 --> 01:24:25.260]  Saturday too yeah you're in Texas take a look at the Texas rules of civil
[01:24:25.260 --> 01:24:31.740]  procedure look at rules 192 and especially 198 I think it's 188.2 is
[01:24:31.740 --> 01:24:36.660]  the one that's going to get you the smile on your face about this one okay I
[01:24:36.660 --> 01:24:42.460]  will do that and I know you've got some other callers on I'm gonna let you go
[01:24:42.460 --> 01:24:49.740]  tonight and I will try to call back in either tomorrow or next week okay great
[01:24:49.740 --> 01:24:55.820]  all right well thanks for calling in tonight good talking with you yeah and
[01:24:55.820 --> 01:25:01.900]  I appreciate you howling back at me Monday yeah no problem all right talk to
[01:25:01.900 --> 01:25:09.900]  you later then oops all right now next we're gonna go to James in Texas
[01:25:09.900 --> 01:25:24.740]  hello James hello James oh sorry that was James no wonder okay and next it's
[01:25:24.740 --> 01:25:30.620]  gonna be Craig good evening Craig there thanks for waiting hello hey thanks for
[01:25:30.620 --> 01:25:36.820]  taking my call I can beat James if you want me to we just spoke with James I'm
[01:25:36.820 --> 01:25:43.060]  sorry about that no hey no problem at all hey my good friend JC turn me on to
[01:25:43.060 --> 01:25:48.820]  this and so I'm fairly new Lister and of course first-time caller so bear with
[01:25:48.820 --> 01:25:54.980]  me it's a traffic ticket and I'm gonna explain kind of what what occurred and
[01:25:54.980 --> 01:25:59.660]  maybe we'll go from there making this brief as possible it was in the evening
[01:25:59.660 --> 01:26:05.420]  about 7.25 and I exited I'm a Texas resident and this happened in Oklahoma
[01:26:05.420 --> 01:26:12.300]  okay I was in Oklahoma and I exited I'm off the main highway and stopped at the
[01:26:12.300 --> 01:26:17.620]  stop sign and you know took a right well it turned me right into the sunlight at
[01:26:17.620 --> 01:26:25.980]  7.25 at night about 200 yards down I got pulled over and I see this car small
[01:26:25.980 --> 01:26:32.380]  SUV with lights on top of it and then this gentleman walks up to me he's got
[01:26:32.380 --> 01:26:38.060]  jeans on I don't know what he's wearing for shoes if he had any on and a shirt
[01:26:38.060 --> 01:26:43.220]  and a badge and I assumed he was a police officer but I didn't know he didn't
[01:26:43.220 --> 01:26:50.660]  identify himself and he did ask for my driver's license and my insurance so I
[01:26:50.660 --> 01:26:58.100]  gave my driver's license and I usually don't carry my insurance with me so five
[01:26:58.100 --> 01:27:04.980]  minutes later he says this is what you did you crossed the yellow line you're
[01:27:04.980 --> 01:27:12.780]  on your cell phone and basically said I'm gonna give you a citation for one of
[01:27:12.780 --> 01:27:19.020]  them and like maybe give me a warning for no insurance or something like that I
[01:27:19.020 --> 01:27:27.860]  hope this is exciting to use it is to me it's still me yeah I'm listening okay okay
[01:27:27.860 --> 01:27:38.180]  alright so basically the kind of thing that really left a bad face on my mouth
[01:27:38.180 --> 01:27:43.180]  so I did sign a ticket I think it was a ticket and I signed it it looked like it
[01:27:43.180 --> 01:27:51.180]  said using cell phone okay I'm not for sure if it was in crayon or regular pen
[01:27:51.180 --> 01:27:56.220]  but I think you get I think I started that pen I'm being trying to be funny
[01:27:56.220 --> 01:28:03.700]  it's not working out anyway I believe gave me so he took that ticket so he gave
[01:28:03.700 --> 01:28:09.380]  me this in a pamphlet like where to go pay you to go see and all this but what
[01:28:09.380 --> 01:28:15.780]  I received was something I didn't sign it says the county and the town in there
[01:28:15.780 --> 01:28:21.260]  in a stamp and it does have a number on it and says summons and it gives me a
[01:28:21.260 --> 01:28:26.100]  court date of next Wednesday but what I'm saying is I didn't sign it's not
[01:28:26.100 --> 01:28:31.660]  filled out my name's not on it so I didn't get an actual copy of what I sign
[01:28:31.660 --> 01:28:39.020]  and I just wondered if that's right wrong yes no but I'm fairly certain it
[01:28:39.020 --> 01:28:42.700]  said using the cell phone and of course I have a cell phone holder right there on
[01:28:42.700 --> 01:28:51.180]  my dash so like I didn't put anybody in peril I I don't know I just kind of
[01:28:51.180 --> 01:28:55.740]  wanted to know a direction or is there anything that I can do it says badge
[01:28:55.740 --> 01:29:00.500]  number one I guess just give a I asked a question but I guess I'm going to
[01:29:00.500 --> 01:29:04.740]  continue to talk to give you a little background this is just a little small
[01:29:04.740 --> 01:29:10.380]  town in fact about three years ago they went probably a year without even a
[01:29:10.380 --> 01:29:17.540]  police department there was a corrupt situation and somebody got caught doing
[01:29:17.540 --> 01:29:24.900]  something else and then somebody they hired had something not so nice on
[01:29:24.900 --> 01:29:30.220]  social media to say and it made everybody look bad and so they went
[01:29:30.220 --> 01:29:33.820]  without a police partner for a while and I think that's number one I'm wondering
[01:29:33.820 --> 01:29:39.660]  if this is the police chief that pulled me over I don't know could be I'm gonna
[01:29:39.660 --> 01:29:43.060]  ask you we're just about to go to our sponsors here I'm gonna ask you to go
[01:29:43.060 --> 01:29:46.820]  get that piece of paper when we come back maybe we can take a look at some
[01:29:46.820 --> 01:29:52.780]  things on there and see if we can take it apart a little bit okay all right so
[01:29:52.780 --> 01:29:59.220]  yeah well ready for that okay well we will be right back
[01:29:59.220 --> 01:30:07.780]  reality TV sugar obesity jet lag the list of things that makes us
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[01:31:30.380 --> 01:31:35.860]  this is building 7 a 47-story skyscraper that fell on the afternoon of
[01:31:35.860 --> 01:31:40.140]  September 11 the government says that fire brought it down however 1500
[01:31:40.140 --> 01:31:44.500]  architects and engineers have concluded it was a controlled demolition over 6,000
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[01:31:54.860 --> 01:32:00.020]  lost his son we're Americans and we deserve the truth go to rememberbuilding7.org
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[01:33:01.220 --> 01:33:12.220]  you are listening to the logos radio network logos radio network dot com
[01:33:32.220 --> 01:33:37.500]  okay we are back this is the rule of law radio Randy Kelton I'm Brett
[01:33:37.500 --> 01:33:43.340]  fountain and we're actually without Randy this evening Randy's laid up he's
[01:33:43.340 --> 01:33:51.620]  doing a lot of coughing and so we're just gonna make do without our fearless
[01:33:51.620 --> 01:33:59.420]  leader but yeah we're talking with Craig right now in Texas and and Craig is
[01:33:59.420 --> 01:34:07.060]  telling us about a traffic ticket he got in Oklahoma up there in far north
[01:34:07.060 --> 01:34:15.140]  Texas so we so tell us about there's one thing that I was thinking it what
[01:34:15.140 --> 01:34:21.100]  would I do if I were to receive a ticket in Oklahoma and first thing I'd want to
[01:34:21.100 --> 01:34:25.340]  know is what's the the criminal procedure like in Oklahoma how is it
[01:34:25.340 --> 01:34:31.820]  different is it is it different do they have to produce a complaint or is a
[01:34:31.820 --> 01:34:36.620]  citation going to be deemed sufficient so that you have to end up challenging
[01:34:36.620 --> 01:34:42.180]  constitutionality or what's the situation but the first thing that comes to
[01:34:42.180 --> 01:34:47.300]  mind is on a ticket check and see if it says on there that you're supposed to
[01:34:47.300 --> 01:34:54.740]  show up to appear it'll say on or before does it say something like that like you
[01:34:54.740 --> 01:34:59.500]  have a range of time or you're supposed to show up on Thursday the 11th at 3 p.m.
[01:34:59.500 --> 01:35:07.460]  it says the second yeah court appearance does it say August on that
[01:35:07.460 --> 01:35:15.860]  time or before or by now that time it just says court appearance for filled in
[01:35:15.860 --> 01:35:26.660]  and then it says day of field in August 21 at 1 30 p.m. mm-hmm okay
[01:35:26.660 --> 01:35:31.820]  all right so I think the next thing I would do is go to the court clerk I
[01:35:31.820 --> 01:35:35.540]  understand it might be a long way depending on where in Texas you are but
[01:35:35.540 --> 01:35:43.260]  now it's okay I'll go to the court clerk and if that needs to be emailing or
[01:35:43.260 --> 01:35:50.060]  something else maybe but I would try to physically go there because you want to
[01:35:50.060 --> 01:35:55.180]  ask to see the file and they're gonna tell you oh but we don't have anything
[01:35:55.180 --> 01:35:59.300]  in there yet well that's okay I want you to certify that response for me please
[01:35:59.300 --> 01:36:06.100]  and she'll still anytime when a court clerk certifies something for you that
[01:36:06.100 --> 01:36:10.060]  just means they add a page to the back of it they give you a copy of it but they
[01:36:10.060 --> 01:36:15.980]  add a page on the back that says there's three pages I promise that I'm the
[01:36:15.980 --> 01:36:19.500]  court clerk and this is a true accurate and complete copy of what's in my
[01:36:19.500 --> 01:36:25.380]  records and they sign their name to it or they might stamp it but then that
[01:36:25.380 --> 01:36:30.100]  becomes admissible evidence in court later without you having to subpoena the
[01:36:30.100 --> 01:36:35.340]  clerk you can just produce the paperwork and it says that there was as of this
[01:36:35.340 --> 01:36:41.980]  date and time there was no charging instrument in the record so that would
[01:36:41.980 --> 01:36:46.300]  be like a charging instrument would be in Texas it would be a complaint and
[01:36:46.300 --> 01:36:52.580]  then that would have to be sworn and I'm pretty sure Oklahoma was the same way
[01:36:52.580 --> 01:36:57.300]  but I haven't looked it up so I can't tell you for sure but the the complaint
[01:36:57.300 --> 01:37:05.260]  needs to be sworn by somebody who is complaining that you did the crime and
[01:37:05.260 --> 01:37:10.300]  I guess you know that when a police officer files a complaint he does so in
[01:37:10.300 --> 01:37:15.420]  his personal capacity he's not doing that because he's Mr. Special and he's got a
[01:37:15.420 --> 01:37:21.580]  badge he's doing that as just a regular guy any man and woman are the ones who
[01:37:21.580 --> 01:37:28.260]  make the complaints and then the district attorney or county attorney will take
[01:37:28.260 --> 01:37:34.420]  that complaint that's sworn that can be sworn before a notary can be sworn
[01:37:34.420 --> 01:37:39.540]  before the district attorney can be sworn before some magistrate but it's
[01:37:39.540 --> 01:37:44.220]  sworn so the person who's writing up the complaint is swearing it's true so it's
[01:37:44.220 --> 01:37:48.100]  got their signature on it and then it's also got that complaint will also have
[01:37:48.100 --> 01:37:52.860]  the signature of the person who took there that had ministered the oath or
[01:37:52.860 --> 01:38:01.340]  affirmation usually what happens on the roadside can't come close to that you're
[01:38:01.340 --> 01:38:06.460]  just gonna have some printed out something rather that may not even have
[01:38:06.460 --> 01:38:11.740]  one signature on it let alone two and he didn't swear before anybody he just hit
[01:38:11.740 --> 01:38:19.260]  print you know what I mean so that that's not a charging instrument yeah it
[01:38:19.260 --> 01:38:25.500]  filled out my name's not on it that's what threw me off if it is a summons
[01:38:25.500 --> 01:38:29.140]  that's trying to get you to come to court then that officer just committed a
[01:38:29.140 --> 01:38:33.780]  crime of impersonating a judicial officer because the officers because the
[01:38:33.780 --> 01:38:39.860]  judge is the one who can summon you to come to court and what the officer can
[01:38:39.860 --> 01:38:45.540]  do he has the authority to grab you if he sees you doing some crime he can
[01:38:45.540 --> 01:38:49.540]  grab you and drag you over to the magistrate and at that point the
[01:38:49.540 --> 01:38:54.380]  magistrate is going to hold an examining trial and he will determine
[01:38:54.380 --> 01:38:58.780]  whether this probable cause whether there's probable cause to take you to
[01:38:58.780 --> 01:39:03.900]  court you know does this merit commencing a court case to deal with this
[01:39:03.900 --> 01:39:08.780]  issue that the officer is accusing you of doing something and wow it seems like
[01:39:08.780 --> 01:39:13.060]  it really is a crime it seems like you're the one that did it so okay this is
[01:39:13.060 --> 01:39:17.900]  going to have to go to court may or may not be the same guy that hears it might
[01:39:17.900 --> 01:39:24.140]  be a totally different judicial officer but the cop on the roadside is not the
[01:39:24.140 --> 01:39:30.420]  court he can't issue summons anytime he wants to okay that's what it looks like
[01:39:30.420 --> 01:39:37.540]  it is it does summons the undersigned being duly sworn upon the oath
[01:39:37.540 --> 01:39:49.020]  disposes it says that and there's another violation says other violation failure
[01:39:49.020 --> 01:39:55.020]  to devote full-time attention while driving oh my goodness is the law that
[01:39:55.020 --> 01:40:00.820]  actually is the law in Oklahoma is it really mm-hmm failure to devote full-time
[01:40:00.820 --> 01:40:08.540]  attention wow well driving okay so I don't know if you're really interested in
[01:40:08.540 --> 01:40:13.420]  taking on the elephant in the room about transportation and motor vehicle and
[01:40:13.420 --> 01:40:18.620]  whether or not you were involved in commerce or if you want to simply tackle
[01:40:18.620 --> 01:40:24.060]  the part about due process which you didn't get a due process like you said
[01:40:24.060 --> 01:40:30.460]  no notice of an actual crime you didn't you just got this slip of paper that
[01:40:30.460 --> 01:40:34.860]  doesn't even have your name he doesn't say what's the offense and and you know
[01:40:34.860 --> 01:40:38.980]  it's got codes and weird cryptic little abbreviations and acronyms that you
[01:40:38.980 --> 01:40:42.700]  don't even know what that's about until you have to go research things that's
[01:40:42.700 --> 01:40:47.740]  not notice that's not clear it doesn't accuse you of some specific wrongdoing
[01:40:47.740 --> 01:40:52.780]  another angle that you can attack is criminal intent because if you commit a
[01:40:52.780 --> 01:41:02.300]  crime an element of every crime is that you intended to do wrong and you can
[01:41:02.300 --> 01:41:07.140]  read about that in a taxes penal code it's culpability is I think it's a 602
[01:41:07.140 --> 01:41:13.220]  and 603 I don't know what the parallel would be in Oklahoma but the crime has
[01:41:13.220 --> 01:41:17.900]  to have you knowing that you did something wrong you intended to violate
[01:41:17.900 --> 01:41:26.140]  that and it can be different levels like knowingly and intentionally it could
[01:41:26.140 --> 01:41:31.940]  just be negligence but they have these different levels and if there's no
[01:41:31.940 --> 01:41:37.300]  criminal intent at all you know you didn't really intend to go across that
[01:41:37.300 --> 01:41:43.740]  little line well what are they gonna say yes you did you could attack the
[01:41:43.740 --> 01:41:51.100]  criminal intent the culpability they call it right so so I assume like if I
[01:41:51.100 --> 01:41:59.380]  go there on the when I'm supposed to or go there before won't I be a won't I be
[01:41:59.380 --> 01:42:06.460]  contacting the clerk is that right the city clerk well if you're talking about
[01:42:06.460 --> 01:42:10.860]  going there to look at the file yes that's you would go to the court clerk
[01:42:10.860 --> 01:42:16.740]  for that court clerk I mean court clerk okay yes and most of time don't they
[01:42:16.740 --> 01:42:23.300]  ask you how do you please oh they would love for you to enter a plea in Texas we
[01:42:23.300 --> 01:42:26.860]  have the Texas Code of Criminal Procedure has a little loophole that they
[01:42:26.860 --> 01:42:32.820]  love to try to shove everybody through and it's 27 about 14 subsection D if they
[01:42:32.820 --> 01:42:36.180]  can get you to sign any little written scrap of paper that says that you
[01:42:36.180 --> 01:42:41.020]  you're gonna enter a plea then they don't have to jump through the hoops of the
[01:42:41.020 --> 01:42:46.100]  normal complaint and information and they don't even have to come up they can
[01:42:46.100 --> 01:42:49.420]  just pretend like they have a charging instrument treat that little fine slip
[01:42:49.420 --> 01:42:57.300]  of notice of a paper as if it is a charging instrument and that goes to we
[01:42:57.300 --> 01:43:03.380]  have the in chapter 15 it talks about what a complaint is how a complaint is
[01:43:03.380 --> 01:43:10.540]  sufficient look at 1504 and 1505 and there's some requirements that say how
[01:43:10.540 --> 01:43:15.340]  what's a complaint and what's not good enough but then they've also got this
[01:43:15.340 --> 01:43:18.860]  other complaint that's designed for cities who want to complain about your
[01:43:18.860 --> 01:43:27.940]  grass or something and they can have in 45.0 18 and 19 they can have a
[01:43:27.940 --> 01:43:33.220]  different kind of complaint and they can use this just a little slip of paper if
[01:43:33.220 --> 01:43:37.420]  you wanted to enter in a plea then they don't have to go through all the hoops
[01:43:37.420 --> 01:43:43.460]  and they can skip a whole lot of due process so yeah where I agree with you
[01:43:43.460 --> 01:43:50.020]  do not enter a plea before there's been proper charging instrument looks like
[01:43:50.020 --> 01:43:55.900]  we're gonna go to our sponsors and we'll have one more segment all right
[01:43:55.900 --> 01:43:59.300]  talking to you just a minute Craig we'll be right back
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[01:45:56.900 --> 01:46:25.700]  toll-free 866 law easy all right we are back this is the rule of law radio
[01:46:25.700 --> 01:46:30.300]  Randy Kelton I'm Brett Fountain and we're finishing up this broadcast on
[01:46:30.300 --> 01:46:38.060]  Thursday the 29th of July 2021 and we're talking about ticket in Oklahoma
[01:46:38.060 --> 01:46:42.460]  traffic ticket Craig in Texas is telling us about his traffic ticket and we're
[01:46:42.460 --> 01:46:48.340]  talking about some options there I see you Jerry and EJ don't know if we'll get
[01:46:48.340 --> 01:46:55.140]  to you gonna try so Craig let's see you were talking about going to the to the
[01:46:55.140 --> 01:47:00.660]  court clerk and you know what to do there I believe and yeah now as far as
[01:47:00.660 --> 01:47:06.460]  the what else you can do while you're there you can go ahead and file just
[01:47:06.460 --> 01:47:12.180]  like before we had James was talking about he filed a challenge to the
[01:47:12.180 --> 01:47:18.060]  jurisdiction of the court but you can find Randy's got that on his website I
[01:47:18.060 --> 01:47:26.140]  think it's a juris imprudence website he puts some examples out there I like
[01:47:26.140 --> 01:47:32.900]  to title it a challenge to the lack of invocation of jurisdiction because like
[01:47:32.900 --> 01:47:38.380]  somebody else was mentioning earlier judges do tend to like to assume that
[01:47:38.380 --> 01:47:43.460]  well of course I have jurisdiction got a black robe don't I they like to think
[01:47:43.460 --> 01:47:49.580]  that their jurisdiction cannot be challenged but really what you're
[01:47:49.580 --> 01:47:55.940]  challenging is the fact that their jurisdiction never got invoked properly
[01:47:55.940 --> 01:48:01.300]  there's only one way to properly lawfully invoke that guy's jurisdiction and
[01:48:01.300 --> 01:48:06.380]  that is due process they've got to get the right paperwork with an authorized
[01:48:06.380 --> 01:48:10.900]  individual it has to be signed it has to be sworn has to be within certain date
[01:48:10.900 --> 01:48:15.420]  parameters it's got certain requirements that the law dictates that they do it
[01:48:15.420 --> 01:48:19.900]  right they have to give you notice in a certain number of days if they don't do
[01:48:19.900 --> 01:48:24.580]  any of that they miss one little piece of that the court has not acquired
[01:48:24.580 --> 01:48:31.660]  jurisdiction okay so you're challenging the lack of invocation of their
[01:48:31.660 --> 01:48:35.820]  jurisdiction you're not making it's not personal you're not saying I don't believe
[01:48:35.820 --> 01:48:40.060]  you're really a judge you're saying if this hasn't properly come before the
[01:48:40.060 --> 01:48:45.060]  court the court can't hear this yet not my specific case okay sure this court
[01:48:45.060 --> 01:48:49.940]  might hear that kind of case in general but not my specific case not yet
[01:48:49.940 --> 01:48:54.860]  hasn't been brought before the court there's a lawful process of how that's
[01:48:54.860 --> 01:49:00.620]  supposed to happen it didn't happen so you're not gonna just skip all the way
[01:49:00.620 --> 01:49:07.860]  to Z and inter a plea no this is not even before the court yeah I haven't got
[01:49:07.860 --> 01:49:10.740]  any charges it has to be charging instrument y'all get your act together
[01:49:10.740 --> 01:49:15.060]  and talk to me later so that's a challenge to the subject matter
[01:49:15.060 --> 01:49:19.060]  jurisdiction of the court to the personal jurisdiction as well really
[01:49:19.060 --> 01:49:25.020]  because you mentioned that they didn't give you notice so that goes to another
[01:49:25.020 --> 01:49:32.180]  kind of jurisdiction personal jurisdiction okay I appreciate that if I
[01:49:32.180 --> 01:49:36.940]  could just make one of the comment looking over paper that they gave with
[01:49:36.940 --> 01:49:42.980]  this I'm reading it says attach your copy of the citation with your plea
[01:49:42.980 --> 01:49:47.580]  entered to set a fence along with the payment to the Colbert court you must
[01:49:47.580 --> 01:49:52.460]  sign the back of the copy where you have entered your plea the citation will not
[01:49:52.460 --> 01:49:57.780]  be complete until payment plea and signature are received together in court
[01:49:57.780 --> 01:50:03.380]  clerk's office mm-hmm I don't know if that pertains well tickets not filled out
[01:50:03.380 --> 01:50:06.820]  or not I don't know that's what they're hoping you will do they're hoping
[01:50:06.820 --> 01:50:11.980]  and so many people I think Randy said it was 72% of the people just go ahead and
[01:50:11.980 --> 01:50:16.060]  pay before they even say boo they don't even try to figure out anything they
[01:50:16.060 --> 01:50:22.860]  just send in the payment right and and so you that's what they hope people are
[01:50:22.860 --> 01:50:27.540]  going to do they don't want people challenging things because then they
[01:50:27.540 --> 01:50:33.420]  have to follow the law and that's on that's inconvenient right right but you
[01:50:33.420 --> 01:50:38.100]  can hold them to it okay okay well you gave me some great information I
[01:50:38.100 --> 01:50:43.020]  appreciate it well you bet call back and we'll talk about it some more if you
[01:50:43.020 --> 01:50:49.260]  want to okay thanks for calling in tonight okay the showdowns on Wednesday so
[01:50:49.260 --> 01:50:54.860]  we'll see okay well we've got a call we've got another show tomorrow night
[01:50:54.860 --> 01:50:58.260]  it's 8 p.m. and we'll go all the way to midnight so there's more time to talk
[01:50:58.260 --> 01:51:04.380]  about some more things if you have some questions pop up in the meantime okay
[01:51:04.380 --> 01:51:12.020]  all right and now we are going to go to Jerry in Pennsylvania Jerry thanks for
[01:51:12.020 --> 01:51:18.300]  being patient we've got about seven minutes left here in this show tonight
[01:51:18.300 --> 01:51:28.420]  what's on your mind okay Brett these ordinances these city ordinances they're
[01:51:28.420 --> 01:51:38.580]  trying to explain how they get authority to bring these things into law and of
[01:51:38.580 --> 01:51:45.060]  course in Pennsylvania we got the same thing in Texas that you have in Texas
[01:51:45.060 --> 01:51:53.180]  rather article 3 stipulates how the laws are passed you know which shall be
[01:51:53.180 --> 01:52:00.100]  passed by Bill you know every three days they have to bring it up and vote on
[01:52:00.100 --> 01:52:08.980]  and then you know the governor signs it so anyway this attorney sends me his
[01:52:08.980 --> 01:52:18.620]  brief for the penalty and he explains how the township gets your section to pass
[01:52:18.620 --> 01:52:23.780]  the ordinance he says here when you weren't at issue we're privately
[01:52:23.780 --> 01:52:28.780]  enacted by the Board of Supervisors for the township pursuit of Pennsylvania
[01:52:28.780 --> 01:52:42.180]  second-class township they put down here p 5 3 p s I get that little thing for
[01:52:42.180 --> 01:52:54.300]  statute 6511 oh now you go to the look this up and it'll give you a top of the
[01:52:54.300 --> 01:53:03.500]  page title 53 municipalities general part one preliminary provisions and then
[01:53:03.500 --> 01:53:10.380]  they start out with the numbers like chapter 1 1 2 and then it says like you
[01:53:10.380 --> 01:53:17.980]  know procedure for consolidation of a merger joint agreements from bodies
[01:53:17.980 --> 01:53:27.420]  colonization of a merger and stuff like that now okay if you look up like it'll
[01:53:27.420 --> 01:53:33.220]  give you a title 18 statute 4953
[01:53:33.820 --> 01:53:39.860]  rather against the witness it'll say felony of the third degree and stuff
[01:53:39.860 --> 01:53:46.900]  like this thing doesn't say that are they using this preliminary provision to
[01:53:46.900 --> 01:53:54.780]  try to say that this gives them authority in one of these here things that
[01:53:54.780 --> 01:54:01.220]  they have that they that this grants them authority for the supervisors to pass
[01:54:01.220 --> 01:54:08.380]  ordinances that they say our law okay so if they go through their procedures
[01:54:08.380 --> 01:54:14.300]  properly and they you know do their Robert rules of order and they come to a
[01:54:14.300 --> 01:54:19.940]  decision about hey we're gonna make this ordinance it's it's everything's
[01:54:19.940 --> 01:54:27.020]  legitimate it's legal they put it out there they're done however that is not
[01:54:27.020 --> 01:54:35.820]  binding on you and me that doesn't bind people otherwise it would be a law then
[01:54:35.820 --> 01:54:38.700]  it would have to go through these processes that you first talked about
[01:54:38.700 --> 01:54:44.580]  it would have to be in the Congress Congress can't redelegate to the cities
[01:54:44.580 --> 01:54:51.780]  and say we're we're gonna let you make any laws you want to we've we the people
[01:54:51.780 --> 01:54:55.860]  have set up how laws are supposed to be written and that's the only way they get
[01:54:55.860 --> 01:55:01.340]  there these cities can do whatever they want but it's only binding on them it's
[01:55:01.340 --> 01:55:07.780]  only binding on the employees that work for the city or contractors that that
[01:55:07.780 --> 01:55:10.820]  are working for the city you know they're out there mowing the grass or
[01:55:10.820 --> 01:55:16.660]  doing whatever they're doing that's the the phrase is contractual privity there
[01:55:16.660 --> 01:55:23.780]  they have some kind of a connection via contract where they these rules apply to
[01:55:23.780 --> 01:55:34.300]  them these ordinances and so you and I we just we're just a man and a woman out
[01:55:34.300 --> 01:55:43.740]  there don't have any responsibility to follow these ordinances that were
[01:55:43.740 --> 01:55:50.500]  invented by effectively a corporation and they used to call them corporations
[01:55:50.500 --> 01:55:54.740]  but now they call them municipalities seems more often still find the word
[01:55:54.740 --> 01:56:01.140]  corporation here and there but really it's it's like having a Walmart rule and
[01:56:01.140 --> 01:56:05.260]  they've come up with their rule and it's completely legitimate they went through
[01:56:05.260 --> 01:56:10.500]  their own process and it just simply doesn't apply to everybody it only
[01:56:10.500 --> 01:56:17.380]  applies to the Walmart people right well that's what I'm trying to trying to do
[01:56:17.380 --> 01:56:23.700]  here is I'm trying to ask them where did they get that authority the only place
[01:56:23.700 --> 01:56:31.260]  that anyone can get authority in any state is from the Constitution the
[01:56:31.260 --> 01:56:38.060]  Constitution is the contract between the government and the people so I never
[01:56:38.060 --> 01:56:43.740]  signed on to anything that this municipality corporation is telling me
[01:56:43.740 --> 01:56:50.980]  so what is this attorney trying to he's trying to connect this somehow that
[01:56:50.980 --> 01:56:57.820]  this municipality generally preliminary provision now what's preliminary and
[01:56:57.820 --> 01:57:03.620]  what provisions if you look up provision it says that well I don't know
[01:57:03.620 --> 01:57:10.460]  usually a occupant before or in preparation of provision is designed as
[01:57:10.460 --> 01:57:17.260]  a supply of something to or an actor providing supply or something provision
[01:57:17.260 --> 01:57:25.660]  is for food with you to take on a hike that's what it says in Google so let me
[01:57:25.660 --> 01:57:29.820]  tell you something I'll give you two things you're gonna enjoy this you're
[01:57:29.820 --> 01:57:36.420]  gonna like this you've got you can send in a record request and you can send in
[01:57:36.420 --> 01:57:41.300]  a bar grievance and the two of those together are gonna be fun for you you're
[01:57:41.300 --> 01:57:45.940]  gonna reach out with the records request you are going to ask the head of that
[01:57:45.940 --> 01:57:49.700]  governmental body sorry we're tight on time so I will just try to say it
[01:57:49.700 --> 01:57:54.100]  quick you're gonna reach out to the governmental body head and you're going
[01:57:54.100 --> 01:58:01.820]  to ask for all the records on which they rely to say that they have law-making
[01:58:01.820 --> 01:58:07.740]  ability to bind the public then that attorney's gonna pop his little head up
[01:58:07.740 --> 01:58:12.880]  again and you're gonna hit it like you pop a pimple he is you're gonna bar
[01:58:12.880 --> 01:58:18.980]  grieve him for budding in you can hit him for baritry and you can hit him for
[01:58:18.980 --> 01:58:25.540]  incompetence and these bar grievances are going to seem good and meanwhile
[01:58:25.540 --> 01:58:33.580]  there'll be but does that make sense to you to those two things to do oh yeah
[01:58:33.580 --> 01:58:47.500]  oh and they won't okay well that's all we can do for this evening and we will be
[01:58:47.500 --> 01:58:53.660]  back tomorrow night yeah Bibles for America is offering absolutely free a
[01:58:53.660 --> 01:58:57.980]  unique study Bible called the New Testament recovery version the New
[01:58:57.980 --> 01:59:02.460]  Testament recovery version has over 9,000 footnotes that explain what the
[01:59:02.460 --> 01:59:07.660]  Bible says verse by verse helping you to know God and to know the meaning of
[01:59:07.660 --> 01:59:12.800]  life order your free copy today from Bibles for America call us toll free at
[01:59:12.800 --> 01:59:22.120]  888-551-0102 or visit us online at bfa.org this translation is highly
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[01:59:31.740 --> 01:59:36.140]  understand to get your free copy of the New Testament recovery version call us
[01:59:36.140 --> 01:59:50.820]  toll free at 888-551-0102 that's 888-551-0102 or visit us online at bfa.org
[01:59:50.820 --> 02:00:01.820]  you're listening to the Logos Radio Network at LogosRadioNetwork.com