ROL_2021-08-26_16k.timecode
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[00:20.800 --> 00:29.120] Brent crude $62.47 a barrel, and crypto is in order of market cap, bitcoin core $10,566.52,
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[00:40.600 --> 00:42.600] crypto coin.
[00:42.600 --> 00:52.280] Today in history, the year 1916, the Preparedness Day bombing, a timed suitcase bomb was detonated
[00:52.280 --> 00:57.600] on Market Street in San Francisco during the World War I Preparedness Day parade, killing
[00:57.600 --> 01:04.600] 10 and injuring 40.
[01:04.600 --> 01:09.240] In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing hemp in
[01:09.240 --> 01:13.880] a Texas law back in June, county prosecutors around the state, including Houston, Austin,
[01:13.880 --> 01:17.880] and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:17.880 --> 01:22.560] new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:22.560 --> 01:24.560] to test the herb for THC.
[01:24.560 --> 01:28.280] Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.280 --> 01:33.200] she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.200 --> 01:34.200] law.
[01:34.200 --> 01:37.440] Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.440 --> 01:41.920] to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:41.920 --> 01:48.080] in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works.
[01:48.080 --> 01:51.040] As well as other cities, too, like the District Attorney.
[01:51.040 --> 01:56.880] In El Paso, Jaime Esparza, a Democrat, who also stated earlier this month that the law
[01:56.880 --> 02:01.480] quote will not have an effect on the prosecution of marijuana cases in El Paso.
[02:01.480 --> 02:06.560] However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.560 --> 02:10.960] in Harris County, who stated that quote, the law is constantly changing on what makes something
[02:10.960 --> 02:13.300] illegal based on its chemical makeup.
[02:13.300 --> 02:17.200] It's important that if someone is charged with something, the test matches what they're
[02:17.200 --> 02:22.440] charged with.
[02:22.440 --> 02:27.760] A paper by Tulane University identified a 5.5 inch American pocket shark as the first
[02:27.760 --> 02:33.440] of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured
[02:33.440 --> 02:39.120] or recorded, with the other one being found way back in 1979 in the East Pacific Ocean.
[02:39.120 --> 02:43.640] According to the University paper, the shark secretes a luminous fluid from a gland near
[02:43.640 --> 02:45.480] its front fins.
[02:45.480 --> 02:50.760] For the purpose, it is hypothesized to lure and prey who may be drawn into the glow.
[02:50.760 --> 03:20.640] This is Rook Rody with your lowdown for July 22nd, 2019.
[03:20.760 --> 03:30.440] What you gonna do, what you gonna do, yeah Bad boys, bad boys, what you gonna do, what
[03:30.440 --> 03:36.400] you gonna do when they come for you Bad boys, bad boys, what you gonna do, what you gonna
[03:36.400 --> 03:41.080] do when they come for you When you were eight and you had bad traits
[03:41.080 --> 03:46.520] You go to school and learn the golden rule So why are you acting like a bloody fool
[03:46.520 --> 03:52.080] If you're gay, then you must get cool Bad boys, bad boys, what you gonna do, oh
[03:52.080 --> 03:55.080] what you gonna do when they come for you Bad boys, bad boys, what you gonna do, oh
[03:55.080 --> 03:58.920] what you gonna do when they come for you You chuck it on that one, you chuck it on
[03:58.920 --> 04:01.080] that one You chuck it on your mother and you chuck
[04:01.080 --> 04:02.280] it on your father You chuck it on your brother and you chuck
[04:02.280 --> 04:13.280] it on your sister You chuck it on that one and you chuck it
[04:13.280 --> 04:14.280] on me Bad boys, bad boys, what you gonna do, what
[04:14.280 --> 04:18.040] What you gonna do when they come for you, bad boys, bad boys
[04:18.040 --> 04:23.740] What you gonna do, what you gonna do when they come for you, bad boys, bad boys
[04:23.740 --> 04:25.280] What you gonna do when they come for you, bad boys, bad boys
[04:25.280 --> 04:26.520] What you gonna do...
[04:26.520 --> 04:27.600] Yeah, we're in.
[04:27.600 --> 04:28.600] Oh, we're in?
[04:28.600 --> 04:30.220] I didn't get no music.
[04:30.220 --> 04:31.680] What you gonna do...
[04:31.680 --> 04:32.840] Oh, we're in.
[04:32.840 --> 04:33.840] Hello!
[04:33.840 --> 04:36.840] This is Randy Kelton, Red Fountain, Rouxvil tubal Radio.
[04:36.840 --> 04:42.560] I hope you guys didn't hear that part of myself medicating.
[04:42.560 --> 04:56.140] I was up in a tree today trimming my thumbnail with a chainsaw.
[04:56.140 --> 04:58.420] It didn't work out so good.
[04:58.420 --> 05:00.980] So I'm sorry.
[05:00.980 --> 05:09.840] This is Thursday, the 26th day of August 2021, and I'll try to stay on topic.
[05:09.840 --> 05:12.680] Do we have a topic today, Brett?
[05:12.680 --> 05:16.360] I do have one topic, so a little shameless self-promotion.
[05:16.360 --> 05:26.080] Brett and I are going to be in Austin Saturday, and we're going to do a presentation on what
[05:26.080 --> 05:30.840] we do on legal reform and how to take on the system.
[05:30.840 --> 05:38.360] So if you're in Austin or are going to be in Austin, send us an email, randy at ruevelawradio.com,
[05:38.360 --> 05:41.360] and we'll send you the details.
[05:41.360 --> 05:42.360] It's going to be really interesting.
[05:42.360 --> 05:50.840] We're going to have a lot of fun, and I promise not to bleed all over the place.
[05:50.840 --> 05:53.760] Leave the chainsaw at home.
[05:53.760 --> 06:02.200] Has anybody heard about the latest ruling from the Texas Supreme?
[06:02.200 --> 06:07.000] This one was on vaccines.
[06:07.000 --> 06:13.240] We're hearing all over the country that the president is trying to push forced vaccines,
[06:13.240 --> 06:20.480] and we just got a ruling from the Supreme that is good on the one hand and not so good
[06:20.480 --> 06:21.480] on the other.
[06:21.480 --> 06:23.360] I just had a synopsis of it.
[06:23.360 --> 06:30.640] I haven't had time to read the actual ruling, but they're saying that the government cannot
[06:30.640 --> 06:40.000] require or businesses cannot require a vaccine unless it's approved by the FDA, and that's
[06:40.000 --> 06:47.760] problematic because the FDA just approved the Pfizer vaccine, and with all the dubious
[06:47.760 --> 06:57.200] and conflicting information about the Pfizer vaccine, that is especially troubling that
[06:57.200 --> 07:06.600] anyone under 16 cannot be compelled to get the vaccine, those over 16 can.
[07:06.600 --> 07:16.820] We had a ruling earlier in the week that the school boards could not require masks.
[07:16.820 --> 07:24.720] We had San Antonio try to defy the governor's orders, and the Texas Supreme ruled against
[07:24.720 --> 07:33.200] them, the Texas governor forbade the mask.
[07:33.200 --> 07:39.080] That particular issue has been handled, this mask issue, and in my opinion, the mask issue
[07:39.080 --> 07:42.920] is the stupidest of all of them.
[07:42.920 --> 07:52.800] How do we get all of these people requiring masks when all the science says they're absolutely
[07:52.800 --> 07:54.840] worthless?
[07:54.840 --> 07:58.240] Yeah, unless you're trying to get yourself sick.
[07:58.240 --> 08:02.240] Yeah, they're worse than worthless.
[08:02.240 --> 08:05.880] They have negative health consequences.
[08:05.880 --> 08:08.680] What am I missing, Brett?
[08:08.680 --> 08:15.640] Well, I guess the obvious part is about the people that are pushing this, claiming that
[08:15.640 --> 08:19.880] their whole purpose is global depopulation, and they just kind of got quiet about that
[08:19.880 --> 08:26.040] while they're chanting about, let's save the world, you know?
[08:26.040 --> 08:37.760] It's kind of nuts because this information's out there, and my problem is, is I get hyperbole
[08:37.760 --> 08:41.720] from both sides.
[08:41.720 --> 08:44.960] One side says it's the greatest thing since sliced bread.
[08:44.960 --> 08:49.240] The other side says they're trying to depopulate the entire planet.
[08:49.240 --> 08:54.800] Well, the ones pushing it say that themselves and have for years.
[08:54.800 --> 09:01.160] That's kind of, that's, you know, when I started doing this show, I listened to Alex Jones
[09:01.160 --> 09:06.920] saying how the UN had concentration camps all over the country, now this is 15 years
[09:06.920 --> 09:07.920] ago.
[09:07.920 --> 09:13.640] They're getting ready to push everybody into these concentration camps, and on and on and
[09:13.640 --> 09:15.960] on for 15 years.
[09:15.960 --> 09:20.160] You know, after a while, you stop listening to it.
[09:20.160 --> 09:25.400] And the problem was, is they were pushing hyperbole.
[09:25.400 --> 09:31.200] They grossly exaggerated the threat to the point that nobody listens to it.
[09:31.200 --> 09:32.200] So...
[09:32.200 --> 09:46.200] I think it's inappropriate to believe that these people are so ignorant that they don't
[09:46.200 --> 09:49.920] understand what they're doing.
[09:49.920 --> 09:58.760] I don't have an axe to grind against Alex Jones, but he has pushed these issues.
[09:58.760 --> 10:04.800] For the last 15 years of doing this show, every bad thing that happened was a criminal
[10:04.800 --> 10:07.720] conspiracy.
[10:07.720 --> 10:12.360] We got these two guys going around shooting people in DC.
[10:12.360 --> 10:18.920] The second person they shot was a FBI analyst.
[10:18.920 --> 10:26.080] And they put out this elaborate story about how all of these other murders were for the
[10:26.080 --> 10:32.040] purpose of hiding the fact that they intended to murder this FBI analyst.
[10:32.040 --> 10:38.280] When it turned out that wasn't true, that was all horse poop, they went on to something
[10:38.280 --> 10:40.040] else.
[10:40.040 --> 10:47.440] Two legal reform guys, a father and a son, were set up by the FBI so they could murder
[10:47.440 --> 10:49.080] them.
[10:49.080 --> 10:53.520] They were accused of killing these two sheriff's deputies, and they only shot these sheriff's
[10:53.520 --> 10:58.840] deputies in self-defense, and then the FBI come after them and murdered them.
[10:58.840 --> 11:11.880] Two years later, I get the video, and in the video, this guy, this 16-year-old boy, I apologize,
[11:11.880 --> 11:16.840] I got a new phone and I don't know how to work it, the police pulled him over because
[11:16.840 --> 11:20.640] they had a Patriot plate on.
[11:20.640 --> 11:25.800] The father gets out the driver's side, the 16-year-old boy gets out the passenger side
[11:25.800 --> 11:35.480] with an AR-15 and shot these two officers down like they were dogs.
[11:35.480 --> 11:38.580] Absolutely no chance to defend themselves or withdraw.
[11:38.580 --> 11:42.960] He just stepped out and murdered them.
[11:42.960 --> 11:47.760] But this was a grand conspiracy until the video come out.
[11:47.760 --> 11:54.360] And then they went on to this guy in Colorado who went into the movie theater and shot all
[11:54.360 --> 11:55.360] these people.
[11:55.360 --> 12:02.440] Well, within six hours, I had who his CIA handlers were who supplied him with his psychotropic
[12:02.440 --> 12:03.440] drugs.
[12:03.440 --> 12:06.760] I had the FBI agents who had provided him with the weapons.
[12:06.760 --> 12:09.160] I had the whole story.
[12:09.160 --> 12:13.320] It was all horse poop.
[12:13.320 --> 12:21.240] Every single issue that has occurred, I get the whole story within hours.
[12:21.240 --> 12:27.400] And it's always horse poop, except for the real deal.
[12:27.400 --> 12:33.600] When the real deal happens, nobody knows because how do you separate the real deal from the
[12:33.600 --> 12:36.760] horse manure?
[12:36.760 --> 12:46.780] So these guys pushing this stuff, do we assume that they're so ignorant that they don't know
[12:46.780 --> 12:54.760] that what they're doing is setting the public up so that the government can do anything
[12:54.760 --> 12:56.840] they want to?
[12:56.840 --> 13:01.500] They can create this pandemic.
[13:01.500 --> 13:08.600] They can launch it on the American public and tell everybody they're doing it.
[13:08.600 --> 13:14.320] And nobody will listen because it all sounds like hyperbole.
[13:14.320 --> 13:18.780] And then they do exactly what they said they would do.
[13:18.780 --> 13:23.380] And we're all standing around looking for some grand conspiracy.
[13:23.380 --> 13:27.080] And right there it is in front of us.
[13:27.080 --> 13:33.000] But then again, everything is a conspiracy.
[13:33.000 --> 13:38.680] This is exactly the kind of crap the spooks did in Vietnam.
[13:38.680 --> 13:42.640] This is right out of the CIA manual.
[13:42.640 --> 13:47.080] I am frustrated that we are so easily manipulated.
[13:47.080 --> 13:48.080] Right.
[13:48.080 --> 13:54.480] Well, we got the big tech doing fact checks on anything that doesn't fit the narrative.
[13:54.480 --> 13:58.480] So that makes it more difficult for people.
[13:58.480 --> 13:59.480] Yeah.
[13:59.480 --> 14:02.800] What does fact mean?
[14:02.800 --> 14:03.800] It means for ourselves.
[14:03.800 --> 14:04.800] Obviously.
[14:04.800 --> 14:05.800] Yeah.
[14:05.800 --> 14:06.800] It means what I say.
[14:06.800 --> 14:07.800] If I say it, it's true.
[14:07.800 --> 14:10.300] If somebody else says it's not true.
[14:10.300 --> 14:14.240] This is serious.
[14:14.240 --> 14:16.280] It's always been a problem for me.
[14:16.280 --> 14:23.620] It's amazing how quickly we've gone from everybody knowing and so obvious that, well, if it's
[14:23.620 --> 14:25.960] on the internet, that doesn't mean it's true.
[14:25.960 --> 14:34.960] And we've so quickly migrated the entire planet to now where if we see it on the internet,
[14:34.960 --> 14:39.240] it's stamped with a certain seal and an icon that says it's true, well then obviously it's
[14:39.240 --> 14:40.240] true.
[14:40.240 --> 14:45.680] Well, if they said it was true, I mean, if they said this is bullcrap, then we would
[14:45.680 --> 14:49.560] know not to listen to it.
[14:49.560 --> 14:54.960] If God made man, he gave us the power to divide.
[14:54.960 --> 15:01.680] I see these people wearing masks and it just gets more and more depressing.
[15:01.680 --> 15:08.360] Without regard to COVID, what it is or what it does, whether it's real or whether it's
[15:08.360 --> 15:20.060] not real, it is absolutely clear that masks are absolutely worthless.
[15:20.060 --> 15:24.360] So what are these people doing?
[15:24.360 --> 15:30.080] The worse than worthless, they cause oxygen acidosis of the liver.
[15:30.080 --> 15:34.160] They cause increased carbon dioxide that decreases your immune system.
[15:34.160 --> 15:41.920] All this stuff they do, they cause facial infections, all kinds of things, but they
[15:41.920 --> 15:45.620] still wear them.
[15:45.620 --> 15:49.880] How do we reach them or do we?
[15:49.880 --> 15:56.640] I sure don't know.
[15:56.640 --> 16:02.760] I wrote a psychology once, when I came back from Vietnam, I was badly broken.
[16:02.760 --> 16:11.680] Okay, I was nuts and I realized I was nuts and I started studying the popular psychology
[16:11.680 --> 16:17.060] and all of the stuff I read just came up horse manure.
[16:17.060 --> 16:20.640] So I made up my own psychology.
[16:20.640 --> 16:25.600] One of the primary tenets that came out of that is humans heard.
[16:25.600 --> 16:30.600] We have a hurting instinct.
[16:30.600 --> 16:40.680] Whatever our ability to divine is, it is vastly overridden by our need to herd.
[16:40.680 --> 16:47.160] They got me to go halfway around the world and risk my life to protect the herd.
[16:47.160 --> 16:49.680] And that's what I see happening.
[16:49.680 --> 16:51.480] People are just trying to be a part of the herd.
[16:51.480 --> 16:52.480] Hang on.
[16:52.480 --> 16:57.080] Randy Kelton, Brett Fountain, Roovelaw Radio, I'm going to turn the phone lines on.
[16:57.080 --> 17:03.840] We'll be right back.
[17:03.840 --> 17:09.720] It's the 2019 Logos Radio Network annual fundraiser and gun giveaway sponsored by Central Texas
[17:09.720 --> 17:10.720] Gunworks.
[17:10.720 --> 17:14.380] Go to LogosRadioNetwork.com and enter to win.
[17:14.380 --> 17:16.160] Any amount is appreciated.
[17:16.160 --> 17:18.000] Everything helps to keep us on the air.
[17:18.000 --> 17:24.440] From Central Texas Gunworks, the grand prize up for grabs is a Spikes Tactical AR-15.
[17:24.440 --> 17:27.000] More prizes and sponsors to be announced.
[17:27.000 --> 17:30.200] Every $25 donation is a chance to win.
[17:30.200 --> 17:35.760] When you purchase Randy Kelton's ebook, Legal 101, you get four chances to win.
[17:35.760 --> 17:39.480] Purchase Eddie Craig's traffic seminar and get 10 chances to win.
[17:39.480 --> 17:44.040] If you've enjoyed the shows on Logos Radio Network, support our fundraiser so we can
[17:44.040 --> 17:48.420] keep bringing you the best quality programming on talk radio today.
[17:48.420 --> 17:51.320] We also accept Bitcoin and other cryptocurrencies.
[17:51.320 --> 17:55.440] And remember, every $25 donation is a chance to win.
[17:55.440 --> 18:01.200] Go to LogosRadioNetwork.com for details and donate today.
[18:01.200 --> 18:05.520] Logos Radio Network welcomes a new show to our lineup for the new year.
[18:05.520 --> 18:11.760] Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. Central Time.
[18:11.760 --> 18:14.840] Our goal is in accord with Matthew 5 16.
[18:14.840 --> 18:19.860] Let your light so shine before men that they may see your good works and glorify your Father
[18:19.860 --> 18:21.400] which is in heaven.
[18:21.400 --> 18:26.520] We wish to reflect God's light and be a blessing to all those with a hearing ear.
[18:26.520 --> 18:31.760] Join Nana and guests for both verse-by-verse Bible studies and topical Bible studies designed
[18:31.760 --> 18:34.900] to provoke unto love and good works.
[18:34.900 --> 18:39.280] Our verse-by-verse Bible studies will begin in the book of Matthew where we will discuss
[18:39.280 --> 18:41.040] one chapter per week.
[18:41.040 --> 18:46.120] Our topical Bible studies will vary each week and will explore sound doctrine as well as
[18:46.120 --> 18:48.340] Christian character development.
[18:48.340 --> 18:54.160] So mark your calendar and join us live on LogosRadioNetwork.com, Wednesdays from 8 to
[18:54.160 --> 19:00.240] 10 p.m. starting January 8th for an inspiring and motivating discussion of the Scriptures.
[19:00.240 --> 19:19.640] You are listening to the Logos Radio Network, LogosRadioNetwork.com.
[19:19.640 --> 19:49.120] Okay.
[19:49.120 --> 19:50.120] We are back.
[19:50.120 --> 19:52.200] This is the Rule of Law Radio, Randy Kelton.
[19:52.200 --> 20:00.320] I'm Brett Fountain and this is the 26th of August 2021.
[20:00.320 --> 20:05.520] We're gonna have this weekend on Saturday, two days from now, we're gonna be in Austin
[20:05.520 --> 20:09.720] doing a seminar and you can email Randy if you'd like to join in.
[20:09.720 --> 20:13.640] That's Randy at RuleOfLawRadio.com.
[20:13.640 --> 20:15.260] Now we're gonna go to our callers.
[20:15.260 --> 20:17.760] We've got Danny in Tennessee.
[20:17.760 --> 20:19.360] Good evening, Danny.
[20:19.360 --> 20:22.880] Hey, how are y'all doing?
[20:22.880 --> 20:25.560] Doing very well.
[20:25.560 --> 20:26.880] What do you have for us?
[20:26.880 --> 20:31.520] Well, a few different things.
[20:31.520 --> 20:35.800] One was, well, I've been kind of in court for a while, had the case settled down but
[20:35.800 --> 20:42.880] still making payments so I had me on probation for that but then I had this other thing coming
[20:42.880 --> 20:50.560] up and so I thought, you know, get this one filled out and everything there locked in
[20:50.560 --> 20:58.800] so they don't try to maybe later revoke probation and go back to the original charges which
[20:58.800 --> 21:01.160] would make the new one even worse.
[21:01.160 --> 21:03.040] Right, yeah.
[21:03.040 --> 21:08.720] So I managed to get everything together, go up there and pay it off.
[21:08.720 --> 21:17.000] So I got paid off and I got the clerk to give me a receipt and copies and I took the copies
[21:17.000 --> 21:24.960] across the hall there where there was the hearing for, you know, what was going on that
[21:24.960 --> 21:31.760] morning including mine and Judge and I have gotten along pretty well since stopped bringing
[21:31.760 --> 21:38.880] up the things I used to be bringing up all the time and pretty cordial to each other
[21:38.880 --> 21:42.920] and he usually sees me in here and calls me up early so I don't have to hang around for
[21:42.920 --> 21:46.040] a long time like some other people maybe.
[21:46.040 --> 21:53.040] So I get up there and it's time to get called in and, you know, he says something back and
[21:53.040 --> 22:00.440] forth and then I tell him, I've got something for the record and his face kind of changed
[22:00.440 --> 22:01.920] and I said, what is it?
[22:01.920 --> 22:06.040] Well, that's a receipt from the clerk that it's all paid off in full.
[22:06.040 --> 22:11.440] Oh, well, he thought that was pretty good but just the way he said that what is it whenever
[22:11.440 --> 22:17.320] I brought up adding something to the record.
[22:17.320 --> 22:21.760] Like he might have been concerned it was going to be a problem for him?
[22:21.760 --> 22:24.320] Yeah, I'm going to get things started up again.
[22:24.320 --> 22:31.320] I kind of settled down and gone along their way for a while and now I'm going to be trying
[22:31.320 --> 22:35.000] to bring up something else again.
[22:35.000 --> 22:40.320] But so I got that out of the way and then had supposed to be like a preliminary hearing
[22:40.320 --> 22:45.960] on this new thing that had come up over at the city court and a magistrate's hearing
[22:45.960 --> 22:55.280] because they're trying to charge it as a state law violation rather than a municipal code
[22:55.280 --> 23:04.880] violation but I get over there and been waiting for a while and the last time before, you
[23:04.880 --> 23:13.200] know, which was just a few days after everything got started, they asked about, you know, a
[23:13.200 --> 23:17.880] lawyer and I said, okay, I thought I could pester him with some stuff while you hear
[23:17.880 --> 23:25.240] about Randy talking about doing them and maybe he could get some documents and things that
[23:25.240 --> 23:30.440] I have more trouble getting and that's true.
[23:30.440 --> 23:34.720] So I was working on that but kept sitting there and sitting there and I didn't see the
[23:34.720 --> 23:35.720] lawyer around.
[23:35.720 --> 23:40.920] I've never seen him face to face before he just a few days after they, that was almost
[23:40.920 --> 23:46.960] two months ago after appointing him, I started contacting, trying to make contact and tell
[23:46.960 --> 23:49.040] him some things and he wouldn't ever respond.
[23:49.040 --> 23:57.040] So finally last week I wrote a letter to the court here about how, you know, he's not responding
[23:57.040 --> 24:02.840] and may have documents that need to be subpoenaed and different things and so I guess they got
[24:02.840 --> 24:09.560] word to him and he called a couple of days after I sent the letter and seemed kind of
[24:09.560 --> 24:14.520] annoyed, he seemed to be more of an advocate of the prosecution than for the defense while
[24:14.520 --> 24:24.000] we were talking about various things but anyway, not surprising and I'd never seen him up close
[24:24.000 --> 24:30.440] but I'd seen a picture of him on their website so he's the son of a senior partner in the
[24:30.440 --> 24:37.160] law firm there and so I didn't see him but I also kept waiting and things kept going
[24:37.160 --> 24:42.600] on and seemed like in this court things move a lot slower than I remember them moving in
[24:42.600 --> 24:50.640] the courts down in Houston and different places but it was puttering along so I wasn't seeing
[24:50.640 --> 24:58.800] the lawyer and I wasn't seeing the cop around, I was getting to wonder about it and then
[24:58.800 --> 25:02.960] sometime while the judge was off the bench and out of the way they called me up, well
[25:02.960 --> 25:09.240] this is being reset and everything, one may sign this paper but one thing I kind of talked
[25:09.240 --> 25:17.440] with, oh yeah, I think it was last week maybe I was talking with Randy there that they seem
[25:17.440 --> 25:27.320] to not have any records in the trial court from the preliminary hearing, the magistrate's
[25:27.320 --> 25:36.480] examination in the preliminary hearing and I'd also noticed that whenever they have something
[25:36.480 --> 25:39.920] come up later and you've got to sign this little paper, it's like in a receipt book
[25:39.920 --> 25:50.960] and it just says where you are to be the next time and when that is and have you sign it
[25:50.960 --> 25:55.560] and then give you the original and I got to wonder about that, well if something ever
[25:55.560 --> 26:02.400] even came up what would they do with it, they don't have an original signature so I think
[26:02.400 --> 26:06.280] the person with the signature is supposed to have control of anything although this
[26:06.280 --> 26:14.520] is really just like a receipt and not like an order from the court not signed by anybody
[26:14.520 --> 26:15.520] else.
[26:15.520 --> 26:21.600] Yeah, it seems like it would need to have, it would be a summons or some kind of a notice
[26:21.600 --> 26:25.720] to appear or something official and it would need to be signed by somebody that has the
[26:25.720 --> 26:27.680] authority to tell you that.
[26:27.680 --> 26:36.040] Yeah, so it also seems to me because looking in the trial court records don't see anything
[26:36.040 --> 26:43.360] from the preliminary hearing, the examining trial except the citation that went in to
[26:43.360 --> 26:53.200] start with and it really seems like you know they don't make records really.
[26:53.200 --> 26:57.400] Have you asked the court clerk to give you a certified copy of the record?
[26:57.400 --> 27:01.920] Well that's the one thing I'm kind of planning on doing here because I got a little while
[27:01.920 --> 27:03.680] but this thing they're different.
[27:03.680 --> 27:10.320] I would suggest you do that as soon as possible and here's why, if you beat them to it and
[27:10.320 --> 27:17.480] you have a certified copy that says as of today's date, whenever that court clerk stamps
[27:17.480 --> 27:23.760] the certification that says this is the full record, true, accurate, and complete, pages
[27:23.760 --> 27:26.160] two of two, that's all there is in here.
[27:26.160 --> 27:31.120] So then you've got it stapled to the back of here's the two pages and there's no charging
[27:31.120 --> 27:33.320] instrument in there.
[27:33.320 --> 27:37.360] As of such and such a date, no charging instrument exists.
[27:37.360 --> 27:41.840] And that's useful for you for later.
[27:41.840 --> 27:48.240] Well yeah, I think you know the affidavit of a complaint will be there, that's basically
[27:48.240 --> 27:51.640] the citation where they go fill it out later.
[27:51.640 --> 27:55.500] Oh, citation is not a complaint.
[27:55.500 --> 27:57.480] If they get you to...
[27:57.480 --> 27:59.520] ...affidavit of complaint.
[27:59.520 --> 28:07.720] The affidavit has to be sworn in front of somebody who's authorized to take that oath.
[28:07.720 --> 28:15.200] But wait a minute, an affidavit of complaint is insufficient.
[28:15.200 --> 28:23.360] If I filed an affidavit of complaint and accused Danny of refusing to stand on his head and
[28:23.360 --> 28:28.780] squawk like a chicken, are you going to be tried for not standing on your head and squawk
[28:28.780 --> 28:29.780] like a chicken?
[28:29.780 --> 28:32.480] Well, this is not the trial court.
[28:32.480 --> 28:33.480] Hold on.
[28:33.480 --> 28:40.080] There has to be in the record a determination of probable cause.
[28:40.080 --> 28:41.600] That's what they're still working on.
[28:41.600 --> 28:44.200] Yeah, that has to be first thing.
[28:44.200 --> 28:51.400] How can a court get subject matter jurisdiction if there's been no determination of probable
[28:51.400 --> 28:52.400] cause?
[28:52.400 --> 28:59.360] Because if the judge says, well, that's not a crime, poof, it's out of here, never gets
[28:59.360 --> 29:00.360] to the court.
[29:00.360 --> 29:06.160] Well, this is that guy, this is the magistrate, not trial court judge, but magistrate for
[29:06.160 --> 29:08.720] the examining trial.
[29:08.720 --> 29:16.520] Okay, did I miss something?
[29:16.520 --> 29:32.040] Well, so you're saying you're in the magistrate court and you have a complaint, but you don't
[29:32.040 --> 29:37.000] have anything from the magistrate showing that he found probable cause.
[29:37.000 --> 29:40.000] Well, he doesn't even have a complaint really.
[29:40.000 --> 29:46.080] He just has the officer signed the citation and they're calling that a complaint.
[29:46.080 --> 29:50.960] That has to, if you're having an affidavit, it has to be sworn before somebody like an
[29:50.960 --> 29:51.960] odory or magistrate.
[29:51.960 --> 29:55.680] I guess we can talk about this some more after our sponsors.
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[33:32.840 --> 33:51.840] Okay.
[33:51.840 --> 33:52.840] We are back.
[33:52.840 --> 33:55.240] We're at the Calvin Brett Fountain, Rule of Law Radio.
[33:55.240 --> 34:01.840] We're talking to Danny in Tennessee when I first met Danny.
[34:01.840 --> 34:07.520] He was in Texas, so I still have him associated.
[34:07.520 --> 34:18.720] How do you in Tennessee on the record get a determination of probable cause so that
[34:18.720 --> 34:22.160] the trial court can have subject matter jurisdiction?
[34:22.160 --> 34:25.720] Well, that was something else I was going to bring up.
[34:25.720 --> 34:39.440] I may do that, but I found out that it's basically irrelevant because the prosecutor kind of
[34:39.440 --> 34:42.480] gave me this hint once, but I didn't quite catch the whole thing.
[34:42.480 --> 34:50.320] I was complaining about the examining hearing and everything, and he said something about
[34:50.320 --> 34:59.360] how the courts had found that that didn't really matter because the guy could have just
[34:59.360 --> 35:04.560] left out the arrest and everything and just gone to the grand jury, and then it would
[35:04.560 --> 35:10.360] all be okay, so that doesn't affect the indictment.
[35:10.360 --> 35:18.360] And I've been looking at the records here in my case, and I don't find anything from
[35:18.360 --> 35:20.520] the examining trial from before.
[35:20.520 --> 35:26.640] Now, I'm talking about two different things, one that's active now in the magistrate and
[35:26.640 --> 35:28.880] one that's been in the trial courts.
[35:28.880 --> 35:31.480] Right now, I'm talking about the trial court record that—
[35:31.480 --> 35:33.320] Okay, hold on.
[35:33.320 --> 35:34.320] Hold on.
[35:34.320 --> 35:36.320] You're talking about two different things.
[35:36.320 --> 35:38.880] Or four.
[35:38.880 --> 35:45.640] You can get an indictment against someone who's never been arrested.
[35:45.640 --> 35:47.520] Yeah.
[35:47.520 --> 35:53.000] This is, I think we were speaking to an issue where the person has been arrested.
[35:53.000 --> 35:54.000] Yeah.
[35:54.000 --> 35:55.000] Yes.
[35:55.000 --> 36:01.880] Once he's arrested, he's restricted at his liberty, certain rights accrue that wouldn't
[36:01.880 --> 36:06.040] accrue to someone who has not been restricted at their liberty.
[36:06.040 --> 36:08.920] Does that make sense, Danny?
[36:08.920 --> 36:09.920] Yeah.
[36:09.920 --> 36:17.200] So once you're taken to jail under Gerstein Pugh, you have a right to a preliminary hearing
[36:17.200 --> 36:21.480] for the purpose of a determination of probable cause, because if you're arrested for standing
[36:21.480 --> 36:26.440] on your head squawking like a chicken, the magistrate's going to say, get out of here,
[36:26.440 --> 36:27.440] go home.
[36:27.440 --> 36:28.440] He should.
[36:28.440 --> 36:33.140] And it will never get past that magistrate.
[36:33.140 --> 36:43.500] So in Tennessee, how does the accusation get past the magistrate to the trial court?
[36:43.500 --> 36:47.600] We have a separate witness go to the grand jury directly and they bring it up.
[36:47.600 --> 36:48.600] No, no, no.
[36:48.600 --> 36:49.600] Wait, wait, wait.
[36:49.600 --> 36:50.600] The guy's been arrested.
[36:50.600 --> 36:54.920] They got him in cuffs.
[36:54.920 --> 36:58.360] They bring him before the magistrate.
[36:58.360 --> 37:02.720] The magistrate says it's not a crime to stand on your head squawking like a chicken.
[37:02.720 --> 37:06.280] So you can go.
[37:06.280 --> 37:14.920] That can't get to a grand jury because it's already been a termination of probable cause.
[37:14.920 --> 37:17.200] There has to be a mechanism.
[37:17.200 --> 37:20.640] So the guy's arrested for DUI.
[37:20.640 --> 37:26.840] He's brought before the magistrate for a preliminary hearing and the magistrate says, okay, you
[37:26.840 --> 37:29.180] don't get to go home.
[37:29.180 --> 37:32.200] We bind you over for trial.
[37:32.200 --> 37:37.640] Now there has been a determination of probable cause.
[37:37.640 --> 37:42.840] So now it can move on up in the system.
[37:42.840 --> 37:51.560] If they go to the grand jury first and the person's been arrested, then he's being held
[37:51.560 --> 37:56.400] until they can get to the grand jury with no charge against him.
[37:56.400 --> 37:57.400] Right.
[37:57.400 --> 37:59.080] See the problem there, Danny?
[37:59.080 --> 38:00.080] There's this gap.
[38:00.080 --> 38:01.080] Oh, yes.
[38:01.080 --> 38:05.520] See the problem on this come out the way because you've got two mechanisms to get to the grand
[38:05.520 --> 38:11.840] jury and it looks- You mean two mechanisms to get to the having
[38:11.840 --> 38:13.800] a court case commenced?
[38:13.800 --> 38:16.160] Say what?
[38:16.160 --> 38:20.400] Are you saying two mechanisms to commence a court case?
[38:20.400 --> 38:23.360] To get to the grand court, to get to the grand jury.
[38:23.360 --> 38:24.360] Okay.
[38:24.360 --> 38:26.000] Explain those two.
[38:26.000 --> 38:27.000] Okay.
[38:27.000 --> 38:32.200] One is the way you're talking, Matt, go before the magistrate, he finds probable cause and
[38:32.200 --> 38:41.480] sends it up to the trial court for go to a grand jury and see if they do an indictment.
[38:41.480 --> 38:47.360] The other is, you know, like somebody just comes up with the information directed to
[38:47.360 --> 38:50.920] the grand jury and they present it.
[38:50.920 --> 38:52.040] Okay.
[38:52.040 --> 38:54.600] That's covered in Texas law as well.
[38:54.600 --> 38:55.600] Yeah.
[38:55.600 --> 39:02.520] But what Texas law says is that if a complaint is presented to a grand jury and the accused
[39:02.520 --> 39:13.840] has not been arrested, if the grand jury finds a true bill, the clerk is forbidden to enter
[39:13.840 --> 39:18.720] the true bill into the records of the court.
[39:18.720 --> 39:24.280] The clerk is instead required to issue a KPS warrant.
[39:24.280 --> 39:34.120] And the KPS warrant is to be, the clerk can't do anything until that KPS warrant is executed.
[39:34.120 --> 39:39.400] So the constable goes out and he arrests the individual.
[39:39.400 --> 39:40.400] And does what?
[39:40.400 --> 39:41.400] Takes into action.
[39:41.400 --> 39:46.360] Brings the individual where?
[39:46.360 --> 39:47.360] Preliminary hearing.
[39:47.360 --> 39:48.360] Danny.
[39:48.360 --> 39:49.360] Yes.
[39:49.360 --> 39:50.360] There has to be one.
[39:50.360 --> 39:56.600] If the preliminary hearing guy says, eh, no probable cause, out of my court, it stops
[39:56.600 --> 39:57.600] right there.
[39:57.600 --> 40:01.120] And it never does get entered into the minutes by that clerk.
[40:01.120 --> 40:03.920] Danny, this has to be in there.
[40:03.920 --> 40:09.340] Because when you've got thousands, thousands and thousands of cases, these are issues that
[40:09.340 --> 40:15.740] have been addressed over and over and over in Tennessee and Texas and Oklahoma.
[40:15.740 --> 40:19.800] Every state has had this scenario thousands of times.
[40:19.800 --> 40:21.480] All of these pieces have to fit together.
[40:21.480 --> 40:27.000] And it sounds like in Texas, in Tennessee, there's a gap in there.
[40:27.000 --> 40:32.600] Yeah, that's what I'm seeing in the codes that tell them what to do.
[40:32.600 --> 40:37.400] Because for the magistrate, he's supposed to produce that record and write down what
[40:37.400 --> 40:41.000] goes on in the hearing, da da da da da da da da da da da da da da da da da da, and then
[40:41.000 --> 40:42.000] it just stops.
[40:42.000 --> 40:45.920] Doesn't tell him to send it anywhere or do anything else with it.
[40:45.920 --> 40:53.160] And then I went looking through the things for the grand jury, and it has there that
[40:53.160 --> 41:01.360] the judge shall make a sworn statement of, you know, who are the accused and the charges
[41:01.360 --> 41:02.360] against them.
[41:02.360 --> 41:12.960] But I don't see anything about bringing forward the record from the examining trial.
[41:12.960 --> 41:20.440] And no, that's missing in the trial court records.
[41:20.440 --> 41:26.960] What it does have, though, is the page that's referred to as the grand jury worksheet and
[41:26.960 --> 41:32.240] has the name of someone who had appeared as a witness.
[41:32.240 --> 41:33.960] And I got no idea who that is.
[41:33.960 --> 41:37.080] I don't know any connection it had with the case.
[41:37.080 --> 41:43.160] Let's see, this goes against 800 years of law.
[41:43.160 --> 41:49.280] It has a piece missing here, and it may be that it's actually missing, but we have Gerstein
[41:49.280 --> 41:51.320] Pugh.
[41:51.320 --> 41:57.280] And Gerstein Pugh says the person has a right to a preliminary hearing for determination
[41:57.280 --> 41:58.280] of probable cause.
[41:58.280 --> 42:07.040] And it sounds like Tennessee has circumvented that in the case where a complaint was submitted
[42:07.040 --> 42:12.480] to a grand jury against someone who was not arrested.
[42:12.480 --> 42:19.000] Well, you know, but the way it's looking to me is they go through that exercise because
[42:19.000 --> 42:25.960] they're required to, and then they don't really use the result of it.
[42:25.960 --> 42:32.040] So you're saying that they take it before the magistrate, but they're treating the grand
[42:32.040 --> 42:40.280] jury indictment as eliminating the need for determination of probable cause at a preliminary
[42:40.280 --> 42:42.100] hearing.
[42:42.100 --> 42:44.720] So the preliminary hearing becomes perfunctory.
[42:44.720 --> 42:51.640] Yeah, that's what it looks like.
[42:51.640 --> 42:59.800] You need to take Texas law as a good example of how all of these pieces are supposed to
[42:59.800 --> 43:13.040] fit together and argue good faith and credit because Tennessee has got a gap and Texas
[43:13.040 --> 43:22.900] has filled that gap where if the magistrate finds no probable cause, then there's no way
[43:22.900 --> 43:29.080] to move this case to the trial court where that indictment can have standing.
[43:29.080 --> 43:30.080] That makes sense, Danny.
[43:30.080 --> 43:37.220] Well, yeah, but I'm talking about how does it look if somebody else brings the same charges
[43:37.220 --> 43:43.000] directed to the grand jury, not the arresting officer or anybody, just somebody else.
[43:43.000 --> 43:46.960] They bring it up.
[43:46.960 --> 43:53.360] In order to meet the federal requirement, they would have to have a preliminary hearing
[43:53.360 --> 44:00.120] and there would be no purpose of having the preliminary hearing.
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[45:52.440 --> 46:14.920] Please visit RuleOfLawRadio.com and click on the banner or call toll free 866-LAW-EASY.
[46:14.920 --> 46:26.360] If you did not have any problems, where are you going to look for one?
[46:26.360 --> 46:27.360] If you could not wage any battle, would your purposes be done?
[46:27.360 --> 46:28.360] Such a sentimental soldier, a warrior of love, scuffling to keep the peace.
[46:28.360 --> 46:29.360] All they're taking is a misunderstanding.
[46:29.360 --> 46:30.360] Somebody calls the police, watching the spot shot.
[46:30.360 --> 46:31.360] Watching the spot shot.
[46:31.360 --> 46:32.360] Watching the spot shot.
[46:32.360 --> 46:48.600] Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio.
[46:48.600 --> 46:50.280] We're talking to Danny in Colorado.
[46:50.280 --> 46:51.820] We do need to move ahead.
[46:51.820 --> 46:54.280] This is a complex issue.
[46:54.280 --> 46:55.280] Can you call back?
[46:55.280 --> 47:01.600] Oh no, tomorrow night we're going to do an archive because we're doing a seminar this
[47:01.600 --> 47:07.800] weekend so if we do four hours tomorrow night we'll be dead Saturday, but call in next week
[47:07.800 --> 47:09.980] on Saturday.
[47:09.980 --> 47:13.920] This is an interesting, fine point of law.
[47:13.920 --> 47:15.880] I think he means on Friday.
[47:15.880 --> 47:20.520] Yeah, I sort of thought so too.
[47:20.520 --> 47:23.520] Might be Saturday somewhere.
[47:23.520 --> 47:28.440] Call in next Friday and I'd really like to go into this more depth.
[47:28.440 --> 47:30.300] Okay.
[47:30.300 --> 47:32.560] Thank you, Danny.
[47:32.560 --> 47:36.800] Okay, now we're going to Olivier in Tennessee.
[47:36.800 --> 47:37.800] Hello, Olivier.
[47:37.800 --> 47:40.800] How you doing, my name is?
[47:40.800 --> 47:42.800] There you, yes, I can hear you.
[47:42.800 --> 47:44.800] Are you back in Tennessee?
[47:44.800 --> 47:45.800] No, he's not.
[47:45.800 --> 47:46.800] I'm sorry.
[47:46.800 --> 47:47.800] He's not in Tennessee.
[47:47.800 --> 47:48.800] He's in Florida now.
[47:48.800 --> 47:52.400] He still shows Tennessee in our database.
[47:52.400 --> 48:02.240] Olivier is taking on a traffic issue and claiming that the statute is void for vagueness.
[48:02.240 --> 48:05.080] He's in the federal court.
[48:05.080 --> 48:08.840] Okay, where are you at now in the process, Olivier?
[48:08.840 --> 48:13.600] Can I make a comment to that individual who just called?
[48:13.600 --> 48:15.080] Yes, Danny.
[48:15.080 --> 48:16.080] Danny.
[48:16.080 --> 48:21.480] Okay, I think we are overextending our problem.
[48:21.480 --> 48:26.400] He could file a declaratory judgment and get that issue handled.
[48:26.400 --> 48:29.320] Also, it ties it up.
[48:29.320 --> 48:36.040] It gives him the power to tie it up and then as an example of the story I'm going to give
[48:36.040 --> 48:42.040] you today, I'm going to tell you what happened, but it puts everybody on notice and it really
[48:42.040 --> 48:47.400] puts you in your position of power and you get to resolve the issue on two different
[48:47.400 --> 48:53.320] levels, on state and federal.
[48:53.320 --> 49:04.000] He can call it a void for vagueness where they are violating due process.
[49:04.000 --> 49:11.980] The protections that they have, the 14th and 5th Amendment, due process and there's many
[49:11.980 --> 49:16.920] claims that you can make underneath void for vagueness and just listening to you, they're
[49:16.920 --> 49:17.920] just popping out of my head.
[49:17.920 --> 49:23.560] I'm like, look, I'm not going to have paperwork in front of me and look at it, but he's trying
[49:23.560 --> 49:30.360] to go through their system, wasting your time on and going through their procedures.
[49:30.360 --> 49:37.380] So if he go look at the void for vagueness, look at the statutes, pull it and then no
[49:37.380 --> 49:40.200] one wants a judge to be on a lawsuit.
[49:40.200 --> 49:46.700] I'm going to give you an example of what happened, so now I'm just, that was my spill to him.
[49:46.700 --> 49:53.400] Now he could listen and we could put everything together later, but this is what happened
[49:53.400 --> 49:54.400] in my situation.
[49:54.400 --> 50:01.600] Now, the whole time I knew I had this court case coming up with the second officer who
[50:01.600 --> 50:07.560] pulled me over and brought me to jail, so something told me, like, hey, you got to go
[50:07.560 --> 50:08.880] write this motion in.
[50:08.880 --> 50:12.600] I'm like, yeah, I got to get to it, but I'm going to leave, but something works with us
[50:12.600 --> 50:18.960] where we procrastinate and still it comes out to our benefit, right, so I'm working
[50:18.960 --> 50:19.960] on it.
[50:19.960 --> 50:25.240] I'm like, everything keep on getting away, so I have the court on the 25th.
[50:25.240 --> 50:33.560] On the 24th, I walk into the clerk's office and drop off the civil suit, the declaratory
[50:33.560 --> 50:34.560] judgment.
[50:34.560 --> 50:36.080] I'm filing paperwork.
[50:36.080 --> 50:42.880] The clerk looked at me, she's like, this is not correct.
[50:42.880 --> 50:45.560] I said, what do you mean it's not correct?
[50:45.560 --> 50:50.360] The declaratory judgment is for if you have a dispute, like for property or something
[50:50.360 --> 50:51.360] like that.
[50:51.360 --> 50:58.200] I'm looking at her, I'm like, oh, okay, I'm like, yeah, you're correct, but it involves
[50:58.200 --> 51:00.760] a lot more, much more than that.
[51:00.760 --> 51:07.240] She said, no, honey, I've been here for 33 years and that's not it.
[51:07.240 --> 51:10.120] You're on the internet pulling stuff off of Google.
[51:10.120 --> 51:15.400] I'm just looking at her, I'm like, wow, I'm trying to, and I'm tired of being rude, so
[51:15.400 --> 51:19.400] I'm just like, ma'am, I understand what you're saying.
[51:19.400 --> 51:24.400] I don't know how to address this issue, but I said, hold on, let me do this.
[51:24.400 --> 51:27.080] I pulled out my phone and I pulled up the statute.
[51:27.080 --> 51:31.720] I said, this is a statute that we're talking about.
[51:31.720 --> 51:41.520] She looked at it, she pulled it up on her computer and read it, and she's like, well,
[51:41.520 --> 51:52.040] obviously you have been reading, so let me go, the director, so I'm sitting here like,
[51:52.040 --> 51:53.840] why is she giving me a problem?
[51:53.840 --> 51:59.720] I didn't realize that I had the judges, the prosecutors, the public defender, she's looking
[51:59.720 --> 52:06.960] at all that, and they're not used to filing the declaratory judgments against judges,
[52:06.960 --> 52:07.960] prosecutors.
[52:07.960 --> 52:12.880] She's like, I don't know what to do with this.
[52:12.880 --> 52:20.200] She goes to the head clerk and they start talking, and then they start reading, so as
[52:20.200 --> 52:27.960] they started reading the paperwork, she goes to the phone and calls the legal department.
[52:27.960 --> 52:31.840] The legal department asked for the facts of the paperwork over, so he come over to me
[52:31.840 --> 52:37.040] and said, hey, Mr. Liggett, I had to fax this paper to the legal department because that's
[52:37.040 --> 52:38.040] not a complaint.
[52:38.040 --> 52:40.040] I said, that's not a complaint.
[52:40.040 --> 52:45.080] She said, no, it's not a complaint, it's a cause of action.
[52:45.080 --> 52:46.760] My eyes just got big.
[52:46.760 --> 52:48.160] I said, it's a cause of action?
[52:48.160 --> 52:50.640] She said, yeah, it says that right there.
[52:50.640 --> 52:56.640] I'm like, oh my God, I'm supposed to put complaint after cause of action or something?
[52:56.640 --> 53:00.440] And she's like, well, I can't tell you what to do, but that's not a complaint.
[53:00.440 --> 53:02.080] And I'm sitting here like, what?
[53:02.080 --> 53:03.080] A complaint?
[53:03.080 --> 53:11.200] If you go look at the definition of a complaint, a complaint is a legal argument of a cause
[53:11.200 --> 53:12.200] of action.
[53:12.200 --> 53:13.200] Right?
[53:13.200 --> 53:20.000] And I'm thinking in my head, I'm like, wow, these people don't know nothing, but I'm trying
[53:20.000 --> 53:21.000] to be nice.
[53:21.000 --> 53:22.000] I'm just relaxing.
[53:22.000 --> 53:28.920] I'm like, well, ma'am, I don't know what to tell you, but that's what I'm going to submit.
[53:28.920 --> 53:29.920] That is my complaint.
[53:29.920 --> 53:34.120] I don't know what you want me to title it as, I don't care, but this is what I'm going
[53:34.120 --> 53:35.120] to submit.
[53:35.120 --> 53:40.440] So the other director is reading my paperwork on the other side, but she already called
[53:40.440 --> 53:43.560] the legal department and sent in the paperwork.
[53:43.560 --> 53:50.280] Now, as I'm conversating with her, the head director comes back over and interrupts us.
[53:50.280 --> 53:57.640] She says, I understand you didn't feel comfortable filing this paperwork today.
[53:57.640 --> 53:59.840] I'll file it.
[53:59.840 --> 54:09.680] She says, but next time someone comes up here and asks to file a document, just do it.
[54:09.680 --> 54:12.000] Don't call no legal department, don't call.
[54:12.000 --> 54:18.520] I'm sitting here like, Ooh, she interrupted the conversation to come like, Hey, don't
[54:18.520 --> 54:19.520] ever do that again.
[54:19.520 --> 54:25.280] Like next time somebody comes to file a paperwork with whoever's name on it, you file it.
[54:25.280 --> 54:30.480] I'm sitting here like, wow, she's like, I'm going to be handling Mr. Olivier's paperwork
[54:30.480 --> 54:31.480] from now.
[54:31.480 --> 54:35.040] So she's like, come over here with me.
[54:35.040 --> 54:41.320] And I'm like, Whoa, 33 years, huh?
[54:41.320 --> 54:42.400] She brings me over there.
[54:42.400 --> 54:47.520] I mean, she is, she is the most nice.
[54:47.520 --> 54:48.520] She is so nice.
[54:48.520 --> 54:54.960] I guess she took her time to read the document and she's like going out her way, giving me
[54:54.960 --> 55:01.560] everything I need to like, uh, I'm going to submit the former proper in front of the judge.
[55:01.560 --> 55:07.400] And once the ruling, once we get that ruling, then the sheriff will serve all of these defendants.
[55:07.400 --> 55:10.720] We need to have, uh, a summit is prepared.
[55:10.720 --> 55:12.240] She gave me a copy to the summit.
[55:12.240 --> 55:13.240] We need eight of them.
[55:13.240 --> 55:15.840] And I mean, she related everything out for me.
[55:15.840 --> 55:18.000] I'm like, wow, this is, this is interesting.
[55:18.000 --> 55:20.520] I'm like, she must really like the document.
[55:20.520 --> 55:24.360] She, you're so little for now before I leave.
[55:24.360 --> 55:30.720] Oh, and then while I'm in there, the officer comes because I had a court date that day
[55:30.720 --> 55:35.240] also, but I didn't have to show that was the court date where they arrested me and charged
[55:35.240 --> 55:40.200] me with evading arrest and failure to maintain lane.
[55:40.200 --> 55:44.560] The officer came in the clerk's office and the clerk was like, Oh yeah, come over here.
[55:44.560 --> 55:45.560] Just drop the paperwork off.
[55:45.560 --> 55:49.320] And she, and he was like, Oh no, this is a different, uh, she's like, well, well, what
[55:49.320 --> 55:50.320] is this?
[55:50.320 --> 55:55.680] Like, well, uh, I need to see what the, uh, disposition on this case was.
[55:55.680 --> 55:58.600] She's like, Oh, this is, okay, come on, I'll check it for you.
[55:58.600 --> 56:03.160] And then did the opposite and he was one of the offices that was a backup.
[56:03.160 --> 56:04.700] He, he, he gave it a paperwork.
[56:04.700 --> 56:05.700] She looked it up.
[56:05.700 --> 56:07.240] She's like, Oh yeah, this case has been dismissed.
[56:07.240 --> 56:09.240] He was like, it's been dismissed.
[56:09.240 --> 56:11.520] You're like, yeah, it's been dismissed.
[56:11.520 --> 56:17.080] They, they, they, they like dismissed like, uh, it's over resolved that she's like, yeah,
[56:17.080 --> 56:18.080] it's done.
[56:18.080 --> 56:19.080] They, they, they threw it out.
[56:19.080 --> 56:28.480] He was like, Oh, and he took off because they, I guess without, without, without that case,
[56:28.480 --> 56:29.480] they don't have no jury.
[56:29.480 --> 56:32.600] There's nothing else because that's what they stopped me for.
[56:32.600 --> 56:34.960] And that case got dismissed.
[56:34.960 --> 56:38.440] So he took off, you know, saying like, what's going on?
[56:38.440 --> 56:46.200] And before I leave, now that the clerk tells me that Mr. Olivier, um, you wear, because
[56:46.200 --> 56:53.760] I filed the suit plus motions against the judge in the case that I had the next day,
[56:53.760 --> 56:59.880] which also included the lawsuit with her name on it, the other prosecutor's name on it.
[56:59.880 --> 57:03.800] What she told me in court, what she, I wrote everything in there.
[57:03.800 --> 57:10.320] So, but now, uh, she telling me, Hey, uh, I'll process, we, this paperwork will not
[57:10.320 --> 57:14.640] get to the courtroom for a week, at least a week.
[57:14.640 --> 57:20.400] So what I advise you to do is take a copy and you know, it's dated already, take a copy
[57:20.400 --> 57:26.080] to court tomorrow and present this to the courtroom because we cannot get it there before,
[57:26.080 --> 57:27.080] before a week.
[57:27.080 --> 57:29.600] I said, okay, I ain't got no problem with that.
[57:29.600 --> 57:30.600] No problem.
[57:30.600 --> 57:31.600] Okay.
[57:31.600 --> 57:34.080] And saying, she's looking at me like, what the heck is going on?
[57:34.080 --> 57:36.840] You know, I'm walking out like, thanks.
[57:36.840 --> 57:41.240] You know, Hey, but it was like, she looked at a lady, she said, don't you ever, she said,
[57:41.240 --> 57:42.240] don't ever do that again.
[57:42.240 --> 57:44.880] He said, somebody come over here with paperwork.
[57:44.880 --> 57:45.880] You file it.
[57:45.880 --> 57:46.880] You don't call no legal.
[57:46.880 --> 57:48.880] You don't, you file it.
[57:48.880 --> 57:53.200] Well, so now I leave the office.
[57:53.200 --> 58:01.080] So today I get in court, right at one 30, I walk in the door as soon as I walk into
[58:01.080 --> 58:02.080] the door.
[58:02.080 --> 58:12.640] Guess what the judge is addressing me about the documents that I filed the day before.
[58:12.640 --> 58:14.680] We got to coming up.
[58:14.680 --> 58:15.680] Yep.
[58:15.680 --> 58:16.680] I'm hearing the music.
[58:16.680 --> 58:17.680] Yep.
[58:17.680 --> 58:22.120] So they told me that it would take at least a week to get up there.
[58:22.120 --> 58:29.760] It hasn't been in 24 hours and they have a costume sitting on their desk.
[58:29.760 --> 58:30.760] My goodness.
[58:30.760 --> 58:36.680] Olivier, you're having way too much fun.
[58:36.680 --> 58:39.320] I haven't even started a good part of the story yet.
[58:39.320 --> 58:44.600] You're going to leave, you're going to go crazy.
[58:44.600 --> 58:45.600] All right.
[58:45.600 --> 58:46.600] Okay.
[58:46.600 --> 58:50.240] Now the other side, we'll be right back.
[58:50.240 --> 58:55.640] The Bible remains the most popular book in the world, yet countless readers are frustrated
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[59:48.880 --> 01:00:00.680] You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.680 --> 01:00:06.760] The following news flash is brought to you by the Lone Star Lowdown.
[01:00:06.760 --> 01:00:11.800] Markets for Monday, the 22nd of July, 2019, open with precious metals, gold at $1,429
[01:00:11.800 --> 01:00:20.880] an ounce, silver $16.45 an ounce, copper $2.75 an ounce, oil Texas crude $55.63 a barrel,
[01:00:20.880 --> 01:00:29.160] Brent crude $62.47 a barrel, and crypto is an order of market cap, bitcoin core $10,566.52,
[01:00:29.160 --> 01:00:42.960] ethereum $227.26, xrp ripple $0.33, litecoin $100.31, and bitcoin cash is at $324.10 a
[01:00:42.960 --> 01:00:46.040] crypto coin.
[01:00:46.040 --> 01:00:52.320] Today in history, the year 1916, the Preparedness Day bombing, a timed suitcase bomb, was detonated
[01:00:52.320 --> 01:00:57.640] on Market Street in San Francisco during the World War I Preparedness Day parade, killing
[01:00:57.640 --> 01:00:59.640] 10 and injuring 40.
[01:00:59.640 --> 01:01:04.640] Today in history.
[01:01:04.640 --> 01:01:09.280] In recent news, since Governor Greg Abbott signed House Bill 1325, legalizing hemp and
[01:01:09.280 --> 01:01:13.920] a Texas law back in June, county prosecutors around the state, including Houston, Austin,
[01:01:13.920 --> 01:01:17.920] and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:01:17.920 --> 01:01:22.600] new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:01:22.600 --> 01:01:24.680] to test the herb for THC.
[01:01:24.680 --> 01:01:28.320] Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:01:28.320 --> 01:01:33.240] she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:01:33.240 --> 01:01:34.240] law.
[01:01:34.240 --> 01:01:37.480] Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:01:37.480 --> 01:01:41.980] to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:01:41.980 --> 01:01:48.120] in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:01:48.120 --> 01:01:51.080] well as other cities too, like the District Attorney.
[01:01:51.080 --> 01:01:56.920] In El Paso, Jaime Esparza, a Democrat, who also stated earlier this month that the law
[01:01:56.920 --> 01:02:01.520] quote will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:01.520 --> 01:02:06.600] However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[01:02:06.600 --> 01:02:11.000] in Harris County, who stated that quote, the law is constantly changing on what makes something
[01:02:11.000 --> 01:02:13.320] illegal based on its chemical makeup.
[01:02:13.320 --> 01:02:17.240] It's important that if someone is charged with something, the test matches what they're
[01:02:17.240 --> 01:02:22.480] charged with.
[01:02:22.480 --> 01:02:27.800] A paper by Tulane University identified a 5.5 inch American pocket shark as the first
[01:02:27.800 --> 01:02:33.480] of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured
[01:02:33.480 --> 01:02:39.160] or recorded, with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:39.160 --> 01:02:43.680] According to the university paper, the shark secretes a luminous fluid from a gland near
[01:02:43.680 --> 01:02:45.520] its front fins.
[01:02:45.520 --> 01:02:50.760] For the purpose, it is hypothesized to lure and prey who may be drawn into the glow.
[01:03:45.520 --> 01:03:46.520] Hey, we are back.
[01:03:46.520 --> 01:03:51.160] Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Olivier in Tennessee
[01:03:51.160 --> 01:03:53.960] and we're having great fun.
[01:03:53.960 --> 01:03:57.000] We're getting to the good part of this great story.
[01:03:57.000 --> 01:04:00.480] It's already pretty cool.
[01:04:00.480 --> 01:04:05.880] I can tell you there's something you can't appreciate by Olivier if you've never seen
[01:04:05.880 --> 01:04:08.760] him.
[01:04:08.760 --> 01:04:14.720] I went into court in Tennessee and I see this black guy step up there.
[01:04:14.720 --> 01:04:20.240] He had a jaw that it looked like if you hit him with a baseball bat, it would just annoy
[01:04:20.240 --> 01:04:22.960] him.
[01:04:22.960 --> 01:04:24.880] Had dreadlocks.
[01:04:24.880 --> 01:04:30.840] He looked like someone you would never want to meet in a dark alley, and he stepped up
[01:04:30.840 --> 01:04:38.880] to the podium and opened his mouth and every chin in the place dropped.
[01:04:38.880 --> 01:04:41.200] What the hell is this?
[01:04:41.200 --> 01:04:45.800] This guy was so articulate and knowledgeable in law.
[01:04:45.800 --> 01:04:49.640] Everybody's standing there staring, not believing what they're seeing.
[01:04:49.640 --> 01:04:55.160] Olivier, you told me about the cop that stopped you when you were laughing about what they
[01:04:55.160 --> 01:04:57.280] were claiming.
[01:04:57.280 --> 01:04:59.800] I get it.
[01:04:59.800 --> 01:05:07.560] Olivier is such a study in contrast that every time I hear you talking about this, Olivier,
[01:05:07.560 --> 01:05:09.960] I can't help but chuckle.
[01:05:09.960 --> 01:05:20.040] Okay, think the meanest guy in the room, the biggest, toughest looking guy in the room.
[01:05:20.040 --> 01:05:22.720] It's also the smartest guy in the room.
[01:05:22.720 --> 01:05:24.720] Okay, go ahead.
[01:05:24.720 --> 01:05:28.040] I wait until I see him.
[01:05:28.040 --> 01:05:33.920] I've got to send you the video recording of this, but man, it started off with just crazy.
[01:05:33.920 --> 01:05:40.080] I walked, as soon as I walked in, I didn't even, Mr. Olivier, we see that you filed three
[01:05:40.080 --> 01:05:44.560] motions and I'm like, how do you, you got, I had a cop, I'm like, okay, what's going
[01:05:44.560 --> 01:05:45.560] on?
[01:05:45.560 --> 01:05:55.080] And she was like, oh, well, you know, I could dismiss the motion for being filed untimely.
[01:05:55.080 --> 01:06:01.360] And I said, yes, your honor, and I have no objection.
[01:06:01.360 --> 01:06:04.720] And she just sat back and looked at me like, what?
[01:06:04.720 --> 01:06:10.880] I said, I have no objections, you're sitting on the seat, I mean, you're sitting on a bench.
[01:06:10.880 --> 01:06:11.880] I know what I did.
[01:06:11.880 --> 01:06:19.360] It was there, but she just sat back, she was like, well, but she was like real aggressive
[01:06:19.360 --> 01:06:20.360] with it.
[01:06:20.360 --> 01:06:27.600] You know, I can strike these as untimely and I said, that's okay, your honor, I have no
[01:06:27.600 --> 01:06:32.080] objections, it's already in the record.
[01:06:32.080 --> 01:06:40.080] And then she quiet down, she like, well, I think I should afford the state opportunity
[01:06:40.080 --> 01:06:52.560] to answer the two motions or don't have no merit or are unfound, but this third one,
[01:06:52.560 --> 01:07:02.480] I don't know because, you know, it's the length is 15 pages and I don't want to miss anything.
[01:07:02.480 --> 01:07:14.720] So I'm thinking we should reset this and give the state an opportunity to answer accordingly.
[01:07:14.720 --> 01:07:17.880] I'm like, oh, I don't have no problem with that, your honor.
[01:07:17.880 --> 01:07:26.080] But she's looking at me like, okay, well, we have the police officer outside and the
[01:07:26.080 --> 01:07:32.760] state is requesting to have the testimony of the police officer heard right now because
[01:07:32.760 --> 01:07:37.880] the police officer, they often came to the court.
[01:07:37.880 --> 01:07:45.120] I'm sitting there listening and she's like, oh, do you have any objections to having the
[01:07:45.120 --> 01:07:47.920] police officer testify today?
[01:07:47.920 --> 01:07:49.920] I said, yes, I do.
[01:07:49.920 --> 01:07:56.480] And she's like, Mr. Livia, the state has been more than cordial with you and I'm looking
[01:07:56.480 --> 01:08:02.720] at the judge like she's crazy and then there's two assistants, her two assistants are just
[01:08:02.720 --> 01:08:10.200] sitting there too and I wait for her to start her little rant and send more cordial with
[01:08:10.200 --> 01:08:11.200] you.
[01:08:11.200 --> 01:08:14.000] I said, your honor, you gave me an option.
[01:08:14.000 --> 01:08:15.240] You gave me an option.
[01:08:15.240 --> 01:08:24.520] I chose the option, which I think would suit my right the best because there's nothing
[01:08:24.520 --> 01:08:25.520] else for me to do.
[01:08:25.520 --> 01:08:36.600] I'm like, I said, you're sitting on the bench and her secretary started shaking her head
[01:08:36.600 --> 01:08:43.880] like, yeah, Mr. Livia, you gave him my option, he chose the option to protect his right.
[01:08:43.880 --> 01:08:46.160] It was shaking the head like, yeah, what's going on?
[01:08:46.160 --> 01:08:54.280] And like the judge sat back and she was like, she said, okay, Mr. Livia, you're right.
[01:08:54.280 --> 01:08:55.280] You're right.
[01:08:55.280 --> 01:08:56.280] I did give you an option.
[01:08:56.280 --> 01:08:57.280] I said, yes.
[01:08:57.280 --> 01:08:58.280] So I don't understand.
[01:08:58.280 --> 01:09:03.160] You're saying you could do whatever you want, but I made my option.
[01:09:03.160 --> 01:09:04.160] You're on the bench.
[01:09:04.160 --> 01:09:12.960] So she was like, well, I'm going to allow the officer to testify today and I don't want
[01:09:12.960 --> 01:09:13.960] to hold up the time.
[01:09:13.960 --> 01:09:17.200] So I'm not going to even go into what the officer testified.
[01:09:17.200 --> 01:09:18.200] You would rip it apart.
[01:09:18.200 --> 01:09:19.200] Oh my God.
[01:09:19.200 --> 01:09:24.600] And it's so, it's so embarrassing that I want to have the actual recording.
[01:09:24.600 --> 01:09:31.520] So the officer goes up and testify, the DA's asking questions and everything.
[01:09:31.520 --> 01:09:38.920] So he testifies to me to the car being the same car, which was not the same car at all.
[01:09:38.920 --> 01:09:42.080] It was not the same license plate at all.
[01:09:42.080 --> 01:09:49.120] He testified, he ran my brother's license, it was my brother's and their system has a
[01:09:49.120 --> 01:09:55.640] thing where if a license plate has been picked up before, it has the prior incidences.
[01:09:55.640 --> 01:10:01.800] So I was able to run Mr. Livia's license, but wait a minute, that plate is a totally
[01:10:01.800 --> 01:10:03.800] different plate.
[01:10:03.800 --> 01:10:08.920] Everything like he was sitting here like, wow, oh my God, this is crazy.
[01:10:08.920 --> 01:10:14.800] So now, now I guess the judge couldn't turn her frustration on me.
[01:10:14.800 --> 01:10:18.560] In the middle of it, the judge starts jumping on the, on the cop.
[01:10:18.560 --> 01:10:19.560] Like what?
[01:10:19.560 --> 01:10:26.880] She's like, she's going, she's, she's like, but you said, and now the, the DA stand up,
[01:10:26.880 --> 01:10:30.840] she's like, your honor, the DA is like a, like red, like a lighter, you know, you buy
[01:10:30.840 --> 01:10:31.840] a lighter that's red.
[01:10:31.840 --> 01:10:33.240] She was red, red.
[01:10:33.240 --> 01:10:35.040] I'm laughing on the inside.
[01:10:35.040 --> 01:10:39.680] Oh, and I know that they didn't have a chance to read that document yet.
[01:10:39.680 --> 01:10:43.480] I'm like, they making all these arguments and they're going to read the document and
[01:10:43.480 --> 01:10:45.640] they can really going to be frustrated.
[01:10:45.640 --> 01:10:46.640] Right.
[01:10:46.640 --> 01:10:53.200] And the judge is jumping on the officer, the DA stands up, your honor, I don't think the
[01:10:53.200 --> 01:10:59.080] court should be assisting Mr. Livia in, in any other fashion.
[01:10:59.080 --> 01:11:02.600] It's like, wait a minute, you don't think the court should be assisting me, but the
[01:11:02.600 --> 01:11:08.920] law says that I have, I don't have the right to an attorney, but somehow the, the judge
[01:11:08.920 --> 01:11:16.080] convinced a public defender to come over here to be out on council this morning.
[01:11:16.080 --> 01:11:20.800] The court has stated that several times, but somehow I still have a council, but I don't
[01:11:20.800 --> 01:11:21.800] care.
[01:11:21.800 --> 01:11:22.800] You know what I'm saying?
[01:11:22.800 --> 01:11:29.600] So, uh, now this is the, the judge is staring at their attorney, like, wait a minute.
[01:11:29.600 --> 01:11:37.360] Okay, like that is your position to argue, but I'm going to continue asking my question.
[01:11:37.360 --> 01:11:41.040] The judge kept on asking the question.
[01:11:41.040 --> 01:11:43.480] She's like, okay, that's noted.
[01:11:43.480 --> 01:11:44.480] Like go sit down.
[01:11:44.480 --> 01:11:51.200] So she, she, she went into it because she, the judge started seeing herself like, wait
[01:11:51.200 --> 01:11:57.880] a minute, what I'm doing is unfair because I did that to Livia now.
[01:11:57.880 --> 01:12:03.720] Now I'm going into line of questioning because I feel disturbed about what I'm hearing.
[01:12:03.720 --> 01:12:06.640] And now the, now the da is telling me to shut up.
[01:12:06.640 --> 01:12:16.880] Well, I don't know that, but I need to continue asking my line of questioning.
[01:12:16.880 --> 01:12:22.200] I'm like, wow, the judges, I guess the judges see that she can't fight me.
[01:12:22.200 --> 01:12:24.000] She got to find somebody to beat up on.
[01:12:24.000 --> 01:12:30.720] I'm like, and, and, and, okay.
[01:12:30.720 --> 01:12:36.160] And I guess after they reading what is going on, okay, well, it's not that we haven't got
[01:12:36.160 --> 01:12:37.160] that yet.
[01:12:37.160 --> 01:12:40.360] So she's, she's asking the question because she's disturbed, like, wait a minute.
[01:12:40.360 --> 01:12:46.520] You ran Mr, you ran a license plate and it came up to Mr. Livia's brother.
[01:12:46.520 --> 01:12:53.240] And then you stopped the vehicle in order to check for Mr. Livia.
[01:12:53.240 --> 01:12:56.760] I mean, there was no, no reason for you to stop the vehicle.
[01:12:56.760 --> 01:12:57.760] There was no infraction.
[01:12:57.760 --> 01:12:58.760] There was nothing.
[01:12:58.760 --> 01:12:59.760] No.
[01:12:59.760 --> 01:13:01.160] He's just, Oh, okay.
[01:13:01.160 --> 01:13:07.200] But you said that you knew him prior, but you could not pick him out in the courtroom
[01:13:07.200 --> 01:13:08.200] this morning.
[01:13:08.200 --> 01:13:22.200] Well, with his mask, you know, the mask, did you hear, wait, I'm going to tell you, I've
[01:13:22.200 --> 01:13:31.680] seen Mr. Livia in the courtroom and there was no way you could not pick him out.
[01:13:31.680 --> 01:13:40.040] And I'm sitting in the front table, sitting at the front table, that's like the best hint
[01:13:40.040 --> 01:13:41.040] he could have.
[01:13:41.040 --> 01:13:48.200] And the judge said, so the last time y'all stopped Mr. Livia, you heard the officer charged
[01:13:48.200 --> 01:13:54.680] him with, well, no, well I didn't hear him charge him with, you know, she just sat back
[01:13:54.680 --> 01:13:59.120] like, I'm looking at the judge, like, I don't even care about that because I don't want
[01:13:59.120 --> 01:14:02.800] you to, I'm not going to argue that because I don't want the case dismissed on those,
[01:14:02.800 --> 01:14:06.600] on those grounds, but it gets interesting.
[01:14:06.600 --> 01:14:12.480] So now the judge, so now I'm talking to him, speaking to my attorney because the attorney
[01:14:12.480 --> 01:14:16.000] is interested now because you know, he has the argument, I'm like, listen, I know how
[01:14:16.000 --> 01:14:18.040] I understand how you are educated.
[01:14:18.040 --> 01:14:20.080] That's why we're here in the first place.
[01:14:20.080 --> 01:14:21.080] Okay.
[01:14:21.080 --> 01:14:24.560] Now I need you to look up these definitions because this is what they mean.
[01:14:24.560 --> 01:14:27.280] So he goes to look in the back and he's like, I can't find it.
[01:14:27.280 --> 01:14:29.480] I'm like, oh, you can't find the definitions in black law?
[01:14:29.480 --> 01:14:34.240] And I said, I said, don't worry about it because I've found them several times.
[01:14:34.240 --> 01:14:42.160] I said, I've also got a correspondent with one of the judges who told me that this statute
[01:14:42.160 --> 01:14:44.600] is a commercial drive of life statute.
[01:14:44.600 --> 01:14:47.520] So I'm not worried about you finding anything in black law.
[01:14:47.520 --> 01:14:48.520] Okay.
[01:14:48.520 --> 01:14:49.520] We're past that.
[01:14:49.520 --> 01:14:50.520] Now,
[01:14:50.520 --> 01:14:55.720] I told you, no, you're pushing every button that attorney's got.
[01:14:55.720 --> 01:15:02.320] As I'm talking to him about this right now, the, the, the secretary had been watching
[01:15:02.320 --> 01:15:06.400] this whole thing, everything, and you know, the sheriffs, as I'm talking to him about
[01:15:06.400 --> 01:15:12.580] this, the attorney is still trying to press the judge, like, Hey, get out of this.
[01:15:12.580 --> 01:15:15.120] You know, we already got so much trouble in front of us.
[01:15:15.120 --> 01:15:19.000] We don't even know what we're doing and we're giving testimony right now, you know, like,
[01:15:19.000 --> 01:15:20.480] can you back off?
[01:15:20.480 --> 01:15:26.560] So, and then the judge is like, Oh, the state, is there anything you can, is there anything
[01:15:26.560 --> 01:15:31.760] better you can do, you know, to give Mr. Olivier an offer like this?
[01:15:31.760 --> 01:15:34.800] We've been giving him offers like, I don't think you understand.
[01:15:34.800 --> 01:15:40.120] I don't think Mr. Olivier is going to be, uh, you know, but do you think anything better?
[01:15:40.120 --> 01:15:46.680] He's like, well, we could, uh, you know, uh, just didn't have his ID and the withheld adjudication
[01:15:46.680 --> 01:15:47.680] and no fines.
[01:15:47.680 --> 01:15:56.880] So they're talking as I'm trying to, as I'm explaining to this attorney, like that's trivial.
[01:15:56.880 --> 01:16:01.200] We don't need, and you're saying that's for you to go find out, this is my argument.
[01:16:01.200 --> 01:16:05.240] And this is, if you haven't, if you have a problem with it, go read a document, a document
[01:16:05.240 --> 01:16:07.440] will explain everything.
[01:16:07.440 --> 01:16:10.040] And it's a setup, so it doesn't have everything in it.
[01:16:10.040 --> 01:16:15.880] It's a setup for you to start talking and arguing so I can show how malicious your prosecution
[01:16:15.880 --> 01:16:17.280] is.
[01:16:17.280 --> 01:16:24.040] So I'm, I'm talking to him and as I'm hearing the judge talk to the prosecutor and getting
[01:16:24.040 --> 01:16:28.720] some kind of, and I'm boiling up right now, because how many times do I have to say no?
[01:16:28.720 --> 01:16:29.720] Right.
[01:16:29.720 --> 01:16:30.720] So I'm sitting now.
[01:16:30.720 --> 01:16:35.640] So as the judge finished with them, she's like, okay, we've got a break coming up.
[01:16:35.640 --> 01:16:36.640] Hello?
[01:16:36.640 --> 01:16:39.040] Yeah, we got hot.
[01:16:39.040 --> 01:16:40.040] We got a little bit.
[01:16:40.040 --> 01:16:41.040] We got another 20 seconds.
[01:16:41.040 --> 01:16:42.040] Okay.
[01:16:42.040 --> 01:16:47.000] As the judge is finishing up with them, she starts saying, Mr. Elijah, I just screamed
[01:16:47.000 --> 01:16:48.000] out.
[01:16:48.000 --> 01:16:49.000] No!
[01:16:49.000 --> 01:16:50.000] Everybody's like, whoa!
[01:16:50.000 --> 01:17:00.480] What I said afterwards is what's going to be so important.
[01:17:00.480 --> 01:17:05.400] Logos Radio Network welcomes a new show to our lineup for the new year.
[01:17:05.400 --> 01:17:11.400] Your Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. Central Time.
[01:17:11.400 --> 01:17:14.480] Our goal is in accord with Matthew 5 16.
[01:17:14.480 --> 01:17:19.500] Let your light so shine before men that they may see your good works and glorify your Father
[01:17:19.500 --> 01:17:21.040] which is in heaven.
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[01:17:34.540 --> 01:17:38.920] Our verse by verse Bible studies will begin in the book of Matthew where we will discuss
[01:17:38.920 --> 01:17:40.680] one chapter per week.
[01:17:40.680 --> 01:17:45.760] Our topical Bible studies will vary each week and will explore sound doctrine as well as
[01:17:45.760 --> 01:17:47.960] Christian character development.
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[01:17:53.800 --> 01:18:04.240] 10 p.m. starting January 8th for an inspiring and motivating discussion of the Scriptures.
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[01:19:25.840 --> 01:19:36.440] Well, ain't gonna fool me with that same old trick again.
[01:19:36.440 --> 01:19:41.560] I was blindsided but now I can see your plan.
[01:19:41.560 --> 01:19:46.880] You put the fear in my pockets, took the money from my hand.
[01:19:46.880 --> 01:19:55.520] Ain't gonna fool me with that same old trick again.
[01:19:55.520 --> 01:20:16.480] Ain't gonna fool me with that same old sucka punch.
[01:20:16.480 --> 01:20:21.480] I get it now but then I must have been found too much.
[01:20:21.480 --> 01:20:26.520] Back then you had room to move but now you're feelin' the crunch.
[01:20:26.520 --> 01:20:34.880] Ain't gonna get me with that same old sucka punch.
[01:20:34.880 --> 01:20:35.880] Okay.
[01:20:35.880 --> 01:20:36.880] Howdy, howdy.
[01:20:36.880 --> 01:20:42.880] Randy Kelton, Brett Fountain, Rule of Law Radio on this, the 26th day of August 2021.
[01:20:42.880 --> 01:20:50.080] And we're talking to Olivier the Magnificent, the court slayer.
[01:20:50.080 --> 01:20:52.800] Okay, go ahead, Olivier.
[01:20:52.800 --> 01:20:53.800] Okay.
[01:20:53.800 --> 01:20:59.760] So now, remember, I'm talking to the attorney, explaining, letting them know about everything
[01:20:59.760 --> 01:21:02.360] and he's catching on to it.
[01:21:02.360 --> 01:21:08.420] And so he's attentively listening to me like, whoa, you know what I'm saying?
[01:21:08.420 --> 01:21:16.520] And he's like, when I say, when I scream out, no, he's like, how the heck did he hear what
[01:21:16.520 --> 01:21:19.520] they were talking about?
[01:21:19.520 --> 01:21:24.560] I just figured out, no, so he's like, he's shocked, like, big eyed, like, on cue too.
[01:21:24.560 --> 01:21:28.640] Like, Mr. Olivier, I didn't wait till she said my name, I just said, no.
[01:21:28.640 --> 01:21:29.640] I'm like, what's this?
[01:21:29.640 --> 01:21:31.800] I mean, how many times do I have to tell you no?
[01:21:31.800 --> 01:21:37.600] I even filed a civil suit for the territory judgment on this matter.
[01:21:37.600 --> 01:21:38.600] No.
[01:21:38.600 --> 01:21:41.080] Like, what don't you understand about that?
[01:21:41.080 --> 01:21:45.320] You're telling me that this statute is dealing with driver's license from everybody.
[01:21:45.320 --> 01:21:50.000] I'm telling you something, it means something different.
[01:21:50.000 --> 01:21:51.760] I am the defendant here.
[01:21:51.760 --> 01:21:57.400] I have the right to preserve these rights and argue this.
[01:21:57.400 --> 01:22:02.440] So I don't understand what the court don't understand about me saying no.
[01:22:02.440 --> 01:22:08.800] If I take anything, it doesn't matter what I take, this never gets to the appeals court
[01:22:08.800 --> 01:22:10.920] or the Supreme Court or federal court.
[01:22:10.920 --> 01:22:15.360] She's like, oh, well, it doesn't go from federal, I'm like, listen, I said, I know it doesn't
[01:22:15.360 --> 01:22:16.360] go from federal.
[01:22:16.360 --> 01:22:17.360] It's about to.
[01:22:17.360 --> 01:22:25.240] I will be filing one in the federal court as I've already responded with a federal judge
[01:22:25.240 --> 01:22:27.960] to file with the state first.
[01:22:27.960 --> 01:22:32.280] I have filed with the state, now I'm going to be filing with the federal.
[01:22:32.280 --> 01:22:38.400] Now, also, we have a case before us and I'm going to reserve that right in this case also.
[01:22:38.400 --> 01:22:46.160] That means I have to say no and after I finished my spill, the clerks looked like they were
[01:22:46.160 --> 01:22:51.320] about to stand up and start clapping.
[01:22:51.320 --> 01:22:58.360] They caught themselves like, oh, wait a minute, they were about to stand up and start clapping.
[01:22:58.360 --> 01:23:05.280] And then after I screamed no, I found myself standing up because I was just so disgusted
[01:23:05.280 --> 01:23:12.360] of like, how many times are you going to try to make me plea out to nothing to try to bury
[01:23:12.360 --> 01:23:13.760] a right that I have?
[01:23:13.760 --> 01:23:15.760] Like, it ain't happening.
[01:23:15.760 --> 01:23:17.120] I don't care what you do.
[01:23:17.120 --> 01:23:23.740] You can rule for me, rule against me, we're going the whole route.
[01:23:23.740 --> 01:23:29.720] We're going to the fifth, I told her we're going to the fifth district, which the case,
[01:23:29.720 --> 01:23:37.800] the authority that I have is from the fifth district in the declaratory judgment.
[01:23:37.800 --> 01:23:41.800] And then after that, if we have to, we'll go to the Supreme Court, but you will also
[01:23:41.800 --> 01:23:46.680] be getting a federal declaratory judgment.
[01:23:46.680 --> 01:23:57.680] The judge sat back in her seat, the clerks looked like they caught themselves like, they
[01:23:57.680 --> 01:24:00.640] were about to clap.
[01:24:00.640 --> 01:24:06.200] I caught them, they were about to clap, the public defender was like, what is going on
[01:24:06.200 --> 01:24:07.200] here?
[01:24:07.200 --> 01:24:08.920] He's in La La Land.
[01:24:08.920 --> 01:24:11.920] And me, I'm like, I don't care what you do.
[01:24:11.920 --> 01:24:13.640] You know what I'm saying?
[01:24:13.640 --> 01:24:17.320] You just go and give me another issue to address in federal court.
[01:24:17.320 --> 01:24:22.560] And then she sat back, that's all the paperwork.
[01:24:22.560 --> 01:24:31.440] And she was like, well, Mr. Libby, we're going to, we have to set this up for a date.
[01:24:31.440 --> 01:24:36.000] She was pointing the dates on the calendar, and she was like, well, you could choose which
[01:24:36.000 --> 01:24:37.000] date you want.
[01:24:37.000 --> 01:24:39.000] I was like, the 15th or the 30th.
[01:24:39.000 --> 01:24:44.200] I was like, oh, I'll give you the 30th because you got plenty of time to investigate and
[01:24:44.200 --> 01:24:45.440] write out what you're going to write up.
[01:24:45.440 --> 01:24:52.600] I said, plus, by that time, the declaratory judgment in the civil suit in the federal
[01:24:52.600 --> 01:24:55.560] court would have been in process already, so we won't even get to it.
[01:24:55.560 --> 01:24:58.560] She's just looking at me like, what?
[01:24:58.560 --> 01:25:02.280] I'm like, who won't we get to it?
[01:25:02.280 --> 01:25:09.280] All that, everything, injunction is filed, see you later.
[01:25:09.280 --> 01:25:13.320] Man, it was a ball.
[01:25:13.320 --> 01:25:16.800] The clerks are looking at me like, what is this?
[01:25:16.800 --> 01:25:23.800] Like, this is the first time I've ever heard the argument make any kind of sense.
[01:25:23.800 --> 01:25:27.080] And then he screamed out, no, what don't you get?
[01:25:27.080 --> 01:25:31.440] Like we're going the whole way, we're going to address this right.
[01:25:31.440 --> 01:25:32.640] You telling me I don't have it?
[01:25:32.640 --> 01:25:36.840] I'm telling you I have it, declaratory judgment is proper.
[01:25:36.840 --> 01:25:42.280] So you want to do right now.
[01:25:42.280 --> 01:25:43.920] You can do whatever you want to do right now.
[01:25:43.920 --> 01:25:50.400] All you want to do is create another issue for me to address, because the hammer's on
[01:25:50.400 --> 01:25:54.360] its way, because you're not supposed to be able to get that paperwork for another week.
[01:25:54.360 --> 01:26:05.600] How the hell did you get it, how did it get in your hands in under 24 hours?
[01:26:05.600 --> 01:26:09.480] So I hope they already made a ruling on my informal problem, because I've been found
[01:26:09.480 --> 01:26:14.120] on indigent on everything else that you have.
[01:26:14.120 --> 01:26:22.400] You even provided me an attorney today, so I tied your hands, like you could do whatever
[01:26:22.400 --> 01:26:28.880] you want to do, you're the judge, I'm the defendant.
[01:26:28.880 --> 01:26:32.880] They were just sitting there looking at me like they wanted to applaud so bad, like they're
[01:26:32.880 --> 01:26:39.760] going to call, make phone calls, and the judge just sat there like, yeah, we got a rule on
[01:26:39.760 --> 01:26:40.760] that.
[01:26:40.760 --> 01:26:47.680] She said, well, in 30, I said, okay, no problem, we won't get there, because you're going to
[01:26:47.680 --> 01:26:52.640] have to answer that first.
[01:26:52.640 --> 01:26:57.800] The best thing for you to do is dismiss it underneath whatever cause you want, and guess
[01:26:57.800 --> 01:27:03.760] what, I'm going to appeal that, because that's not the decision I wanted.
[01:27:03.760 --> 01:27:11.680] Yeah, it's got to be dismissed for a proper reason, not for some excuse they come up with.
[01:27:11.680 --> 01:27:17.160] Right, that's what I'm saying, she's looking like, she was going to the ways, like one,
[01:27:17.160 --> 01:27:21.320] the way that they understand it, she ain't like the way it went down, like that's wrong.
[01:27:21.320 --> 01:27:26.640] Okay, that's cool, whatever, but I'm bringing up my issue, you know what I'm saying?
[01:27:26.640 --> 01:27:31.360] Because the way I wrote it up is terrible, the attorney is telling me that they're not
[01:27:31.360 --> 01:27:37.760] going to argue a right, okay, now, that is a custom, that is a practice, declaratory
[01:27:37.760 --> 01:27:44.240] judgment, it's not only for statute with numbers, you're telling me that, oh, this is the process,
[01:27:44.240 --> 01:27:49.000] oh, okay, we'll see, let's declare that and clear it up.
[01:27:49.000 --> 01:27:54.240] And let me name the rights that I have and tell you how you're violating them and add
[01:27:54.240 --> 01:27:59.040] a couple of case laws to that and then bind you up to where I ain't even got to come to
[01:27:59.040 --> 01:28:01.080] this court stuff no more.
[01:28:01.080 --> 01:28:11.520] Now you got to fight and I could drag you for a couple of years.
[01:28:11.520 --> 01:28:21.720] And declaratory judgment touches the legislature, so now, not only do you get sued because you're
[01:28:21.720 --> 01:28:26.480] your agent and I'm filing suit against you, which the statute gives me full rights to
[01:28:26.480 --> 01:28:30.280] file suit against you and is saying that nothing can restrict that.
[01:28:30.280 --> 01:28:36.560] It's already written in the statute, anyone who has an interest, that means the judge,
[01:28:36.560 --> 01:28:43.320] the prosecutor, anybody who tells me, no, I can't argue my case, we're going to stop
[01:28:43.320 --> 01:28:47.840] all that, I'm going to create a vehicle, so we don't have to waste our time in your courtroom
[01:28:47.840 --> 01:28:48.840] no more.
[01:28:48.840 --> 01:28:52.560] Okay, declaratory judgment, there's a whole bunch of ways to use it and we need to start
[01:28:52.560 --> 01:28:53.560] using it.
[01:28:53.560 --> 01:28:56.600] I'm not going to sit here and argue like you want to argue, why?
[01:28:56.600 --> 01:28:58.800] It's going to take me three, four, five years.
[01:28:58.800 --> 01:29:02.760] Declaratory judgment, I'm going to jack up your insurance because I get to put a whole
[01:29:02.760 --> 01:29:08.600] bunch of people on there and it's going to stick because I'm not asking for no money,
[01:29:08.600 --> 01:29:09.600] nothing.
[01:29:09.600 --> 01:29:16.080] So you're saying what happened is you dumbed us down to pay attention to all these vague,
[01:29:16.080 --> 01:29:18.360] stupid things that we don't have to pay attention to.
[01:29:18.360 --> 01:29:21.480] All we need to pay attention to is declaratory judgment.
[01:29:21.480 --> 01:29:26.920] Oh, you didn't provide us with a magistrate, just take us to declaratory judgment.
[01:29:26.920 --> 01:29:32.000] I take it to a whole nother field, we ain't got to sit here and argue in your courtroom.
[01:29:32.000 --> 01:29:37.080] I'm going to take you to my courtroom.
[01:29:37.080 --> 01:29:43.680] It's been my experience that the courts simply do not know what to do with a declaratory
[01:29:43.680 --> 01:29:47.960] judgment suit.
[01:29:47.960 --> 01:29:55.640] I told Tina Cobrook in California, we talked to her about filing a declaratory judgment
[01:29:55.640 --> 01:29:56.640] suit.
[01:29:56.640 --> 01:30:03.320] I told her, when you do that, these lawyers and judges are not.
[01:30:03.320 --> 01:30:08.840] Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps
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[01:31:21.600 --> 01:31:31.400] I'm Dr. Catherine Albrecht for Startpage.com, the world's most private search engine.
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[01:34:32.680 --> 01:34:38.440] Okay.
[01:34:38.440 --> 01:34:39.440] We are back.
[01:34:39.440 --> 01:34:45.360] Randy Kelp, Brett Fountain, Rule of Law Radio, and we're talking to Olivier in Florida.
[01:34:45.360 --> 01:34:46.760] Okay.
[01:34:46.760 --> 01:34:52.720] What was the outcome of this hearing and where are you going from here?
[01:34:52.720 --> 01:35:02.820] The outcome of the hearing was they set it for motions, I guess, to be heard or ruled
[01:35:02.820 --> 01:35:05.360] on on the 30th of September.
[01:35:05.360 --> 01:35:09.400] Are you speaking to the motions that were untimely filed?
[01:35:09.400 --> 01:35:10.400] Yes, sir.
[01:35:10.400 --> 01:35:11.400] Those ones.
[01:35:11.400 --> 01:35:20.600] The ones that I didn't care about her striking.
[01:35:20.600 --> 01:35:26.400] So what do you want to, so apparently from what I'm hearing, you don't really care what
[01:35:26.400 --> 01:35:28.600] these guys do at all.
[01:35:28.600 --> 01:35:30.480] No, I don't.
[01:35:30.480 --> 01:35:39.840] I don't care what they do and the trap is already set because this is a civil suit.
[01:35:39.840 --> 01:35:45.280] So this civil suit over, it trumps them.
[01:35:45.280 --> 01:35:52.200] So the only thing that she would have an opportunity to do to make her to look good is ruling my
[01:35:52.200 --> 01:35:59.680] favor right quick because her name is already on there as a party and I'm not suing for
[01:35:59.680 --> 01:36:03.100] no monetary gain or anything like that.
[01:36:03.100 --> 01:36:07.680] I'm suing for what the statute allows and requires.
[01:36:07.680 --> 01:36:12.460] So there's no way for them to get off or out of the suit.
[01:36:12.460 --> 01:36:16.560] And I'm thinking these guys don't have a clue.
[01:36:16.560 --> 01:36:19.920] It plus it provides an injunction, correct?
[01:36:19.920 --> 01:36:28.280] And the injunction is going to be authorized because there is a discrepancy between the
[01:36:28.280 --> 01:36:35.000] understanding of a common man, understanding of the statute, that they're the ones that
[01:36:35.000 --> 01:36:37.400] are susceptible to the statute.
[01:36:37.400 --> 01:36:45.040] So if any two people can come up with different understandings of the statute, it's voice
[01:36:45.040 --> 01:36:46.040] of anger.
[01:36:46.040 --> 01:36:53.640] And it was funny when I made that statement out in the courtroom, everybody's just like
[01:36:53.640 --> 01:37:00.640] stopped and like, I'm like, I'm like, I'm like, I'm like, I'm using my right.
[01:37:00.640 --> 01:37:02.240] This is the problem with the season.
[01:37:02.240 --> 01:37:07.600] You're telling me that you're saying so-and-so, I'm telling you that it's not.
[01:37:07.600 --> 01:37:12.080] So you're saying voice of ageness is the problem vehicle.
[01:37:12.080 --> 01:37:19.120] So you can rule on it now, but you still want to have to answer that civil suit and that
[01:37:19.120 --> 01:37:27.080] civil suit works a lot faster than your court does.
[01:37:27.080 --> 01:37:31.600] And it doesn't matter if you rule on it now because when I appeal it, the same process
[01:37:31.600 --> 01:37:33.600] begins in the appeal court.
[01:37:33.600 --> 01:37:42.120] And from what I read, Florida is real tough when it comes to voice of ageness.
[01:37:42.120 --> 01:37:50.320] The thing is nobody has ever brought up the questions the way that I would bring them
[01:37:50.320 --> 01:37:51.320] up.
[01:37:51.320 --> 01:37:52.320] I will read all these cases.
[01:37:52.320 --> 01:37:54.240] I'm like, wow, look at all these decisions that they're making.
[01:37:54.240 --> 01:37:58.360] But no one's looking at the subject clearly.
[01:37:58.360 --> 01:38:03.400] I would be making other arguments, but it's good that I can see, like, okay, they made
[01:38:03.400 --> 01:38:04.400] that argument.
[01:38:04.400 --> 01:38:05.400] The courts ruled.
[01:38:05.400 --> 01:38:11.080] Sometimes they'll pull arguments that they didn't make just because they have to.
[01:38:11.080 --> 01:38:17.960] They were like, well, they said that it's void for this, but it's not.
[01:38:17.960 --> 01:38:23.600] But they are going overbroad, so we're going to strike it down.
[01:38:23.600 --> 01:38:32.960] So do you think you're likely to get the statute struck or the statute distinguished?
[01:38:32.960 --> 01:38:39.680] By distinguished, I mean they'll say in these circumstances, it's void for Vegas and these
[01:38:39.680 --> 01:38:42.280] circumstances it's not.
[01:38:42.280 --> 01:38:47.760] It's going to get struck regardless.
[01:38:47.760 --> 01:38:55.080] They're going to have to rewrite it.
[01:38:55.080 --> 01:39:02.640] Yeah, it seems like they would have to because if it were only applicable in this circumstance
[01:39:02.640 --> 01:39:05.440] and not that circumstance, well, then it's still vague.
[01:39:05.440 --> 01:39:06.440] Right.
[01:39:06.440 --> 01:39:15.600] I'm the one bringing the argument and my right to use an automobile on the road is at jeopardy.
[01:39:15.600 --> 01:39:22.840] Once that is found to be at jeopardy, they have to write it in their statute to cure
[01:39:22.840 --> 01:39:24.840] the problem.
[01:39:24.840 --> 01:39:27.840] I'm raising my hand like, hey, this is a problem right here.
[01:39:27.840 --> 01:39:29.200] I'm raising my hand properly.
[01:39:29.200 --> 01:39:32.280] Hey, this is a problem right here.
[01:39:32.280 --> 01:39:34.640] Now that they find that is a problem.
[01:39:34.640 --> 01:39:42.560] Now the state legislature have to rewrite it to incorporate automobiles and language
[01:39:42.560 --> 01:39:50.080] to explain to the officer that, yes, we have the right to regular transportation, but there
[01:39:50.080 --> 01:39:58.680] is also another activity that resembles transportation and this is how you handle it.
[01:39:58.680 --> 01:40:03.680] You know, Olivier, I've been doing this show a long time and we've argued these issues
[01:40:03.680 --> 01:40:06.080] a long time.
[01:40:06.080 --> 01:40:13.320] This is the first time I've seen this framed in a way that may actually change everything.
[01:40:13.320 --> 01:40:19.960] I wrote this complaint against the governor and when it went to the grand jury, he dismissed
[01:40:19.960 --> 01:40:22.480] all of his executive orders.
[01:40:22.480 --> 01:40:29.240] I've just got a feeling, Olivier, you're going to wind up in that same position.
[01:40:29.240 --> 01:40:31.360] You may be the one to change everything.
[01:40:31.360 --> 01:40:37.640] That's why I told her, do whatever you want to do because all you're doing is you're giving
[01:40:37.640 --> 01:40:38.640] me more.
[01:40:38.640 --> 01:40:42.520] If you do something, I'm going to research it and I'm going to slam the whole book on
[01:40:42.520 --> 01:40:45.920] you.
[01:40:45.920 --> 01:40:49.440] You could be the one to open up this travel issue.
[01:40:49.440 --> 01:40:57.080] Yeah, because I looked at it and all the wording, I accepted what the judge was saying, that
[01:40:57.080 --> 01:41:02.760] this, this, this, and then I saw why that I had to accept it and once I saw the why
[01:41:02.760 --> 01:41:07.960] I had to accept it, I had to go take the words that they do use and put it in the proper
[01:41:07.960 --> 01:41:08.960] frame.
[01:41:08.960 --> 01:41:20.960] They use automobile as a personal household item, as a family utensil, family use, personal
[01:41:20.960 --> 01:41:26.000] use, you have rights to it, which are secured just like all the others.
[01:41:26.000 --> 01:41:28.520] There's too many to write.
[01:41:28.520 --> 01:41:29.520] They write.
[01:41:29.520 --> 01:41:34.160] So you're saying they can't license my juicer?
[01:41:34.160 --> 01:41:36.920] Nope.
[01:41:36.920 --> 01:41:44.080] And this is, this sounds like you're crafting the case just the way it needs to be so they
[01:41:44.080 --> 01:41:47.400] can't dance around it.
[01:41:47.400 --> 01:41:49.400] Right.
[01:41:49.400 --> 01:41:56.240] I'm going to get to say I knew that guy when, before he got famous, before he kicked everybody's
[01:41:56.240 --> 01:41:57.240] behind.
[01:41:57.240 --> 01:41:58.240] Okay.
[01:41:58.240 --> 01:42:01.080] We are running out of time tonight.
[01:42:01.080 --> 01:42:04.120] I would like you to call back tomorrow night if you have time.
[01:42:04.120 --> 01:42:05.680] Yeah, I'll call back.
[01:42:05.680 --> 01:42:07.200] You mean next week?
[01:42:07.200 --> 01:42:08.200] Yeah, I'm sorry.
[01:42:08.200 --> 01:42:13.660] Tomorrow night we've got a, we're not going to do the show because we've got a seminar,
[01:42:13.660 --> 01:42:19.380] but next week on Friday where we have more time, I would like to examine your position
[01:42:19.380 --> 01:42:20.640] in more detail.
[01:42:20.640 --> 01:42:21.640] Okay.
[01:42:21.640 --> 01:42:26.240] But we've got to realize they're only dancing on the lower court.
[01:42:26.240 --> 01:42:28.400] They're not dancing.
[01:42:28.400 --> 01:42:31.360] They're doing exactly what you're saying.
[01:42:31.360 --> 01:42:35.640] They're trying to keep the code intact.
[01:42:35.640 --> 01:42:39.360] Whatever legal code that's been going on for hundreds of years, they're trying to keep
[01:42:39.360 --> 01:42:40.360] it intact.
[01:42:40.360 --> 01:42:47.320] So as long as you come up there in a higher court and press proper arguments and move
[01:42:47.320 --> 01:42:53.000] proper functions, then you get a result to stop trying to haggle with them in these lower
[01:42:53.000 --> 01:42:54.000] courts.
[01:42:54.000 --> 01:42:57.880] They are doing the oppression.
[01:42:57.880 --> 01:43:05.040] This is a position and an idea that I struggle to try to get people to understand.
[01:43:05.040 --> 01:43:07.800] It's all political.
[01:43:07.800 --> 01:43:11.860] And while the trial court really doesn't care what they rule and do anything they want to,
[01:43:11.860 --> 01:43:16.060] the court of appeals, they have to maintain the corpus juris.
[01:43:16.060 --> 01:43:18.720] They were under a bad ruling and everybody can use it.
[01:43:18.720 --> 01:43:21.000] And that's exactly what Olivier is saying.
[01:43:21.000 --> 01:43:24.400] They got to maintain these laws so that they work.
[01:43:24.400 --> 01:43:29.680] So if you look at the politics, then you can come into this court with leverage and that
[01:43:29.680 --> 01:43:33.520] appears to be exactly what you're doing, Olivier.
[01:43:33.520 --> 01:43:34.520] Okay.
[01:43:34.520 --> 01:43:35.840] Thank you very much.
[01:43:35.840 --> 01:43:38.280] We're about to go to our sponsors.
[01:43:38.280 --> 01:43:39.640] We're about out of time.
[01:43:39.640 --> 01:43:43.040] We've got a whole panel full of callers.
[01:43:43.040 --> 01:43:46.280] Call us back Friday week.
[01:43:46.280 --> 01:43:51.800] I'd like to examine this in much more detail.
[01:43:51.800 --> 01:43:52.960] Thank you.
[01:43:52.960 --> 01:43:56.440] This is Randy Kelton, Brett Fountain, Wheel of Law Radio.
[01:43:56.440 --> 01:44:00.240] We'll be right back.
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[01:46:20.760 --> 01:46:50.520] Okay, we
[01:46:50.520 --> 01:46:51.520] are back.
[01:46:51.520 --> 01:46:57.060] Randy Kelton, Brett Fountain, Rule of Law Radio, and we've got three callers and one
[01:46:57.060 --> 01:47:04.080] segment and I apologize for that, but Olivier was just worth the time.
[01:47:04.080 --> 01:47:10.960] Chris, EJ, can you call back tomorrow night and we'll take you early up on the board.
[01:47:10.960 --> 01:47:11.960] We're going to-
[01:47:11.960 --> 01:47:12.960] Next week.
[01:47:12.960 --> 01:47:13.960] You what?
[01:47:13.960 --> 01:47:14.960] Next week.
[01:47:14.960 --> 01:47:15.960] Oh, I'm sorry.
[01:47:15.960 --> 01:47:19.800] I keep forgetting we're not doing a show tomorrow night.
[01:47:19.800 --> 01:47:20.800] Yes.
[01:47:20.800 --> 01:47:24.680] Next week, Thursday or Friday, we'll take you first.
[01:47:24.680 --> 01:47:27.080] We're going to Steven in Texas.
[01:47:27.080 --> 01:47:29.240] Hello, Steven.
[01:47:29.240 --> 01:47:31.240] What do you have for us today?
[01:47:31.240 --> 01:47:36.760] Trying to keep it quick here.
[01:47:36.760 --> 01:47:42.640] If you wanted to ask if a court, if a municipal court was a court of record or not, do I do
[01:47:42.640 --> 01:47:46.040] that in the form of something to the court in a motion or a century?
[01:47:46.040 --> 01:47:48.280] I just ask the clerk and the email will be fine or-
[01:47:48.280 --> 01:47:49.280] Yes.
[01:47:49.280 --> 01:47:50.280] Yes.
[01:47:50.280 --> 01:47:59.440] There is a rule that says that it's in the local government code that if a court is a
[01:47:59.440 --> 01:48:09.120] court of record, the name of the court must be changed to court of record.
[01:48:09.120 --> 01:48:12.800] Say it's the Keller Municipal Court.
[01:48:12.800 --> 01:48:20.080] The name must be changed to Keller Municipal Court of Record.
[01:48:20.080 --> 01:48:23.520] Most of the time they don't do that, but there's just a little bit of trivia you might get
[01:48:23.520 --> 01:48:25.560] to hammer them with.
[01:48:25.560 --> 01:48:32.280] But definitely ask them if it's a court of record because it changes things.
[01:48:32.280 --> 01:48:39.800] Do I do that as just a simple email document and request to the clerk or is there a different
[01:48:39.800 --> 01:48:41.160] way that should be done?
[01:48:41.160 --> 01:48:43.440] Yeah, just call the clerk and ask.
[01:48:43.440 --> 01:48:44.440] Okay.
[01:48:44.440 --> 01:48:49.240] I would send a records request to the judge because then they might not answer you and
[01:48:49.240 --> 01:48:52.760] you'd have another reason to file criminal charges.
[01:48:52.760 --> 01:48:53.760] Oh, yes.
[01:48:53.760 --> 01:48:54.760] Yeah.
[01:48:54.760 --> 01:48:55.760] I'm sorry.
[01:48:55.760 --> 01:49:00.920] I'll send the records request like I've been to their email and then they have to answer.
[01:49:00.920 --> 01:49:01.920] Gotcha.
[01:49:01.920 --> 01:49:02.920] Okay.
[01:49:02.920 --> 01:49:05.520] One thing about your email request there.
[01:49:05.520 --> 01:49:08.620] On this show we have a requirement.
[01:49:08.620 --> 01:49:14.840] Is your email request obnoxious?
[01:49:14.840 --> 01:49:16.840] Is she obnoxious?
[01:49:16.840 --> 01:49:19.600] Yeah, obnoxious.
[01:49:19.600 --> 01:49:25.200] You are hereby directed to provide for my inspection and or coffee and coffee.
[01:49:25.200 --> 01:49:27.720] No, I've got your format.
[01:49:27.720 --> 01:49:28.720] Yes, sir.
[01:49:28.720 --> 01:49:30.120] I've got your format.
[01:49:30.120 --> 01:49:31.720] Oh, good.
[01:49:31.720 --> 01:49:32.720] Good.
[01:49:32.720 --> 01:49:36.720] You need to be obnoxious and you need to be obtuse.
[01:49:36.720 --> 01:49:42.520] You don't want to be obtuse.
[01:49:42.520 --> 01:49:50.000] You want to include the records you want, but include other records you don't care about
[01:49:50.000 --> 01:49:55.240] because they're going to try to figure out what is this guy after.
[01:49:55.240 --> 01:49:59.920] So you ask for a bunch of stuff you don't care about and it makes them crazy trying
[01:49:59.920 --> 01:50:01.960] to figure out what you're doing.
[01:50:01.960 --> 01:50:02.960] Gotcha.
[01:50:02.960 --> 01:50:09.240] Yeah, I get them to do the stupidest stuff when they don't know what I'm asking for.
[01:50:09.240 --> 01:50:16.000] I had a sheriff's deputy, a captain on the sheriff's department that knew me really well
[01:50:16.000 --> 01:50:20.520] and I put in my scope and content request.
[01:50:20.520 --> 01:50:22.320] Have you ever seen that one?
[01:50:22.320 --> 01:50:25.040] Yes, sir.
[01:50:25.040 --> 01:50:30.200] That's the one I give them when they annoy me.
[01:50:30.200 --> 01:50:33.680] If they try to jerk me around at all, they get the scope and content and what the scope
[01:50:33.680 --> 01:50:40.200] and content is and you can find it on jurisdictionary.website.
[01:50:40.200 --> 01:50:47.160] On the top frog on the right, documents and research and under blanks, you'll find a bunch
[01:50:47.160 --> 01:50:50.040] of info blanks and one of them scope and content.
[01:50:50.040 --> 01:50:56.440] What that one is, is you're not asking for any record in particular.
[01:50:56.440 --> 01:51:02.880] You want to know what the name of all records they keep is, where they keep it, how they
[01:51:02.880 --> 01:51:08.800] keep it and specifically how to request it.
[01:51:08.800 --> 01:51:16.960] And that particular request is taken right out of 552 government code.
[01:51:16.960 --> 01:51:23.200] These records are made open for public inspection and I list all that stuff.
[01:51:23.200 --> 01:51:30.520] I had a captain on the sheriff's department spend eight hours with me going through every
[01:51:30.520 --> 01:51:37.600] record they kept, what type of information was in it, how it was kept, where it was kept
[01:51:37.600 --> 01:51:48.600] and halfway through he said, Mr. Kelton, you know if you could focus your questions somewhat,
[01:51:48.600 --> 01:51:50.520] we could speed this process along.
[01:51:50.520 --> 01:51:53.640] I said, yeah, Mark, his name was Mark Autry.
[01:51:53.640 --> 01:52:00.580] I said, yes, I understand that we could do that but if you knew what records I'm looking
[01:52:00.580 --> 01:52:06.200] for, he said, okay, I get it, I would be compromised.
[01:52:06.200 --> 01:52:09.880] I said, exactly.
[01:52:09.880 --> 01:52:14.460] Next time I went to the sheriff's department and asked for some records, you would not
[01:52:14.460 --> 01:52:19.000] believe how accommodating they were.
[01:52:19.000 --> 01:52:26.040] So anytime you get any guff from them, just send them the scope and content.
[01:52:26.040 --> 01:52:33.680] But if they don't know what you're looking for, it really makes them crazy and they're
[01:52:33.680 --> 01:52:39.520] more likely to act ignorant and give you an opportunity to hammer them.
[01:52:39.520 --> 01:52:43.920] Stephen, essentially what is your case about?
[01:52:43.920 --> 01:52:54.320] This goes to the one in particular, it's about a piece of property they had steadily harassed
[01:52:54.320 --> 01:52:55.320] me about.
[01:52:55.320 --> 01:52:58.840] It's in a, I guess it's in a historical district or something.
[01:52:58.840 --> 01:53:02.200] I hadn't had the time or money to fix the place, although it's my piece of property
[01:53:02.200 --> 01:53:03.280] and I intend to.
[01:53:03.280 --> 01:53:08.400] But when they started trying to, you know, stick code enforcement and stuff on me and
[01:53:08.400 --> 01:53:13.160] such while I filed charges, to which they did nothing with, my open records request
[01:53:13.160 --> 01:53:17.440] have shown they did nothing with them, they sat there and instead they started retaliating
[01:53:17.440 --> 01:53:21.040] against my wife.
[01:53:21.040 --> 01:53:25.800] So all this is stemming and I'm laying out a civil suit here in addition to all the criminal
[01:53:25.800 --> 01:53:31.320] charges, but this is a long stemming event.
[01:53:31.320 --> 01:53:39.340] Is this something they, where they singled you out for special persecution or is this
[01:53:39.340 --> 01:53:43.520] the pattern?
[01:53:43.520 --> 01:53:48.160] It's more than likely a pattern in town, they want to single out people's properties that
[01:53:48.160 --> 01:53:54.000] aren't up to what they want in their historical district, sir.
[01:53:54.000 --> 01:54:00.980] Reason I ask that is generally when they come after you, you know, these things ferment
[01:54:00.980 --> 01:54:09.100] over a long time and very often you run out of time to seek remedy.
[01:54:09.100 --> 01:54:12.760] You run up against statute of limitations.
[01:54:12.760 --> 01:54:23.360] So if you can show that they are not only harassing and annoying you, but they are also
[01:54:23.360 --> 01:54:32.000] subjecting others to this same type of mistreatment, that becomes an ongoing criminal conspiracy.
[01:54:32.000 --> 01:54:40.000] I want to make sure I use the right term here, retaliation, I shouldn't use the term harassment.
[01:54:40.000 --> 01:54:45.600] Harassment takes this whole specific meeting with electronic media or electronic media.
[01:54:45.600 --> 01:54:54.560] Yeah, ongoing criminal conspiracy toward harassment.
[01:54:54.560 --> 01:55:01.980] If you only got one person annoying you, then you need to show that that person was sent
[01:55:01.980 --> 01:55:09.440] out to annoy you by the mayor or by the commissioner's court judge or by someone else, the chief
[01:55:09.440 --> 01:55:13.240] of police perhaps.
[01:55:13.240 --> 01:55:21.680] Look at 18 U.S. Code 242, I'm sorry, it's 241 and 242.
[01:55:21.680 --> 01:55:27.160] And this goes to RICO, Brett, do you know what the RICO statute for the Fed is?
[01:55:27.160 --> 01:55:36.320] Ah, it might be Title 18, let's see, it's 1961, no, it's Title 42, U.S. Code 1961.
[01:55:36.320 --> 01:55:46.400] That will be the one that lets you see, okay, that fits because RICO is a civil suit where
[01:55:46.400 --> 01:55:51.720] you can extract information that can then be used in criminal and what I'm saying here
[01:55:51.720 --> 01:56:05.160] is look at a claim you can make to imply or state specifically that more than one operator
[01:56:05.160 --> 01:56:12.960] acted in concert and collusion, one with the other toward multiple predicate acts toward
[01:56:12.960 --> 01:56:18.760] a denial of your rights, that's RICO.
[01:56:18.760 --> 01:56:25.160] Predicate acts, that's if you got a lawyer in there who is on the ball, he'll read predicate
[01:56:25.160 --> 01:56:31.920] acts and he'll read RICO, they set me up for RICO and because these things generally play
[01:56:31.920 --> 01:56:37.080] out over a long period of time, if you could show they're doing the same kinds of bad behavior
[01:56:37.080 --> 01:56:43.120] to somebody else, you can claim it under either the state RICO or the state organized crime
[01:56:43.120 --> 01:56:53.120] statute which is Chapter 71 or federal RICO and this scares them because it's civil that's
[01:56:53.120 --> 01:57:02.840] semi-criminal but it also, if you claim conspiracy, then you don't have ongoing criminal conspiracy.
[01:57:02.840 --> 01:57:05.400] They're not just harassing you over this stuff.
[01:57:05.400 --> 01:57:06.400] There are-
[01:57:06.400 --> 01:57:07.880] Yeah, this isn't a one-time event.
[01:57:07.880 --> 01:57:12.360] This is something that they're still doing so then you don't have that statute of limitations
[01:57:12.360 --> 01:57:13.360] anymore.
[01:57:13.360 --> 01:57:14.360] Exactly.
[01:57:14.360 --> 01:57:16.360] Does that make sense, Steve?
[01:57:16.360 --> 01:57:21.880] Someone, I'm gonna have to go back and listen to that to make sure I've absorbed it.
[01:57:21.880 --> 01:57:28.440] I haven't tried to go to that level yet but I'm still trying to work on the local and
[01:57:28.440 --> 01:57:31.280] level here so-
[01:57:31.280 --> 01:57:33.560] You can do that later.
[01:57:33.560 --> 01:57:35.680] Just keep that in mind.
[01:57:35.680 --> 01:57:42.280] When you're doing this, you're gonna look at running up against the statute of limitations.
[01:57:42.280 --> 01:57:49.840] What the law says, what keeps you in court is not what you can prove.
[01:57:49.840 --> 01:58:00.560] It is the nature of the claim that you make and ongoing criminal conspiracy to commit
[01:58:00.560 --> 01:58:11.840] organized crime or RICO, that is something that has no statute of limitations.
[01:58:11.840 --> 01:58:18.560] And you're alleging criminal acts because they're conspiring one with another for the
[01:58:18.560 --> 01:58:22.840] purpose of denying you and others in their civil rights.
[01:58:22.840 --> 01:58:26.440] You can be sure if they're doing this to you, they're doing the same thing to everybody
[01:58:26.440 --> 01:58:29.440] else.
[01:58:29.440 --> 01:58:32.440] Very unlikely they singled you out for special persecution.
[01:58:32.440 --> 01:58:37.960] No, there's so many bodies in the field.
[01:58:37.960 --> 01:58:46.320] What this gives you is, I lost my place.
[01:58:46.320 --> 01:58:50.600] It gives you, you don't have a statute of limitations on it.
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