ROL_2021-09-02_16k.timecode
[00:00.000 --> 00:06.960] The following news flash is brought to you by The Lone Star Lowdown.
[00:06.960 --> 00:13.320] Markets for Monday the 22nd of July 2019 open with precious metals, gold at $1,429 an ounce,
[00:13.320 --> 00:21.520] silver $16.45 an ounce, copper $2.75 an ounce, oil Texas crude $55.63 a barrel, Brent crude
[00:21.520 --> 00:29.920] $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum
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[00:41.680 --> 00:52.640] Today in history, the year 1916, the preparedness day bombing, a time suitcase bomb, was detonated
[00:52.640 --> 00:57.960] on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[00:57.960 --> 01:04.960] the 10 and injuring 40.
[01:04.960 --> 01:05.960] And recent news.
[01:05.960 --> 01:10.640] Since Governor Greg Abbott signed House Bill 1325 legalizing Hepin attacks his law back
[01:10.640 --> 01:15.200] in June, county prosecutors around the state including Houston, Austin, and San Antonio
[01:15.200 --> 01:19.320] have been dropping marijuana possession charges and even refusing to file new ones since they
[01:19.320 --> 01:23.400] are stipulating that they do not have the time or the laboratory equipment to test the
[01:23.400 --> 01:28.120] ear for THC. Margaret Moore, the Travis County District Attorney, announced earlier this
[01:28.120 --> 01:33.080] month that she was dismissing 32 felony possession and delivery of marijuana cases because of
[01:33.080 --> 01:34.080] the law.
[01:34.080 --> 01:37.760] Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.760 --> 01:42.280] to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.280 --> 01:48.440] in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.440 --> 01:54.720] well as other cities, too, like the District Attorney in El Paso, Cayma Esparza, a Democrat
[01:54.720 --> 01:59.200] who also stated earlier this month that the law, quote, will not have an effect on the
[01:59.200 --> 02:02.040] prosecution of marijuana cases in El Paso.
[02:02.040 --> 02:06.960] However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.960 --> 02:10.960] in Harris County, who stated that, quote, the law is constantly changing on what makes
[02:10.960 --> 02:13.680] something illegal based on its chemical makeup.
[02:13.680 --> 02:17.560] It's important that if someone is charged with something, the test matches what they're
[02:17.560 --> 02:22.800] charged with.
[02:22.800 --> 02:27.640] A paper by Tulane University identified a five and a half inch American pocket shark.
[02:27.640 --> 02:32.560] As the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.560 --> 02:38.200] shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.200 --> 02:39.700] Pacific Ocean.
[02:39.700 --> 02:44.000] According to the university paper, the shark secretes a luminous fluid from a gland near
[02:44.000 --> 02:50.280] its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[02:50.280 --> 03:18.440] glow.
[03:18.440 --> 03:25.440] Tell me, what you gonna do, what you gonna do?
[03:25.440 --> 03:32.440] Bad boys, bad boys, what you gonna do, what you gonna do when they come for you?
[03:32.440 --> 03:38.440] Bad boys, bad boys, what you gonna do, what you gonna do when they come for you?
[03:38.440 --> 03:43.440] When you were eight and you had bad traits, you go to school and learn to go and then lose
[03:43.440 --> 03:49.440] So why are you acting like a bloody fool, if you're getting high then you must get cool
[03:49.440 --> 04:00.440] Bad boys, bad boys, what you gonna do, what you gonna do when they come for you?
[04:00.440 --> 04:05.440] You're choking on that one, you're choking on this one, you're choking on your mother, you're choking on your father
[04:05.440 --> 04:11.440] You're choking on your brother, you're choking on your sister, you're choking on that one and you're choking on me
[04:11.440 --> 04:29.440] Bad boys, bad boys, what you gonna do, what you gonna do when they come for you?
[04:29.440 --> 04:41.440] Okay, howdy howdy, Randy Kelton, Brett Fountain, Rula La Radio on this Thursday, the second day of September 2021
[04:41.440 --> 04:49.440] And Brett is gonna start talking about some things people commonly have questions with
[04:49.440 --> 04:51.440] Go ahead, Brett
[04:51.440 --> 05:00.440] Yeah, there's some things that seem to come up over and over that people are getting confused or they kind of blur together
[05:00.440 --> 05:10.440] And I don't blame anybody for that, it's a common confusion but I have been there, I know what it's like to not really see where the edges of these things are
[05:10.440 --> 05:19.440] And so just briefly like to go through some of them, there are four that stand out to me as common patterns
[05:19.440 --> 05:26.440] One is, them against you is not the same thing as you against them
[05:26.440 --> 05:36.440] And what I mean by that is when something happens, there's some episode, whether it's a roadside encounter or somebody's trying to take your children away or whatever it is that's going on
[05:36.440 --> 05:51.440] There's an accusation that comes from the nebulous cloud to you saying that you did something wrong and then there's also in the whole process, all that's happening at the same time
[05:51.440 --> 06:02.440] There's also crimes that are being committed by those other actors and it's up to you to hold your public officials accountable, right?
[06:02.440 --> 06:14.440] Those things are on completely separate tracks, separate channels, there's one issue of you getting yourself off the hook for whatever it is you're being accused of
[06:14.440 --> 06:23.440] And then totally separately there's you holding them accountable for whatever they did wrong in the process
[06:23.440 --> 06:25.440] So just keep that line in mind
[06:25.440 --> 06:33.440] Another one is, I'm hearing a lot of noises there, another one that is the nature
[06:33.440 --> 06:42.440] And sometimes people don't really realize when you hear a phrase, the nature and cause of an accusation
[06:42.440 --> 06:51.440] The nature is something like, is it civil? Is it criminal? Is it a tax issue? Is it a family issue? Family law?
[06:51.440 --> 06:58.440] These are separate kinds of issues and we call that a nature, which nature of issue is
[06:58.440 --> 07:13.440] And knowing which is the nature helps you to kind of zoom in on the appropriate bodies of law that you're going to have to reference in order to deal with that issue
[07:13.440 --> 07:23.440] So if it's a crime, then you know you're going to be looking at some penal code or code of criminal procedure, you're going to be reading those kinds of things
[07:23.440 --> 07:32.440] If it's a foreclosure, well that's civil, there's no crime involved and somebody's trying to take your house
[07:32.440 --> 07:39.440] And so you're going to deal with exclusively the rules of civil procedure and you're not looking at any crimes
[07:39.440 --> 07:43.440] So the nature is another one of those issues
[07:43.440 --> 07:49.440] Does that bring a bell, Randy, with some confusion that you hear people coming up with?
[07:49.440 --> 07:54.440] People coming up with? I have it myself
[07:54.440 --> 07:59.440] So another one is territorial jurisdiction
[07:59.440 --> 08:14.440] The first one was really a big one and all this time in doing this show and proposing going after these guys criminally, it's really hard to get people to separate the two
[08:14.440 --> 08:20.440] And to realize that they're only tangentially connected
[08:20.440 --> 08:30.440] Well yeah, I mean we feel, we have emotions that are all connected with all of this stuff, so it feels like it's one big blur, it all goes together
[08:30.440 --> 08:34.440] But on paper, it's completely distinct
[08:34.440 --> 08:45.440] And criminal and civil, you know, we have prosecutors say, oh wow, if you can't prosecute criminally, if you prosecute civil
[08:45.440 --> 08:52.440] What they want to say is double jeopardy, that you get to prosecute in one or the other
[08:52.440 --> 09:02.440] And there's a technical legal term for that, horse my noir, we'll be right back
[09:02.440 --> 09:06.440] We're not going to the debate just yet
[09:06.440 --> 09:13.440] Wait a minute, wait a minute, I'm brain dead, I'm looking at the seconds and the seconds are running out, we got seven more minutes
[09:13.440 --> 09:17.440] Oh well, this man can wake me up
[09:17.440 --> 09:20.440] We didn't go off the cliff, so that was good
[09:20.440 --> 09:30.440] Another thing is territorial jurisdiction, some people don't really know where most people, you're not going to know until you really pay attention
[09:30.440 --> 09:36.440] What's city, what's state, what's federal, who has jurisdiction?
[09:36.440 --> 09:43.440] In other words, are you in a scope of what territory, and it depends on what you're being accused of
[09:43.440 --> 09:52.440] If somebody's accusing you or you're accusing somebody of a crime, what kind of crime or offense is being accused?
[09:52.440 --> 09:56.440] That's the jurisdiction that gets invoked
[09:56.440 --> 10:04.440] If it's a federal crime and you're within the federal area of America
[10:04.440 --> 10:11.440] Well then that's the jurisdiction that's taking place, otherwise you've got state, you've got city
[10:11.440 --> 10:15.440] So just to keep that in mind
[10:15.440 --> 10:25.440] The jurisdictions you have are municipal, city, precinct, the justice of the peace, counties
[10:25.440 --> 10:37.440] Counties are the big one in the state because generally district and county courts have county jurisdiction
[10:37.440 --> 10:46.440] If I have a district court, like the district court and county I live in, covers three counties
[10:46.440 --> 11:01.440] But technically, if a issue occurs that would go to the district court, it would go to a district court in my county
[11:01.440 --> 11:11.440] If one happened in Jack County, we have Jack and Montague, then they would adjudicate in that county
[11:11.440 --> 11:19.440] So you have municipal justice of the peace, they have precincts, and you generally have five of them
[11:19.440 --> 11:27.440] And then you have county and then state, and from state to fed, those are the jurisdictions
[11:27.440 --> 11:37.440] And then each jurisdiction has a venue
[11:37.440 --> 11:47.440] Each court has a restricted area within the state, like although a district court judges used to be state judges
[11:47.440 --> 11:59.440] And had jurisdiction across the state, they still have jurisdiction across the state, but venue within a restricted area
[11:59.440 --> 12:05.440] There was a time when we didn't have enough judges, so the judge ran the circuit
[12:05.440 --> 12:12.440] And they would go from one place to another, as we got enough judges, they restricted the judges to specific venues
[12:12.440 --> 12:18.440] That's because they don't want one judge stepping on another judge's territory
[12:18.440 --> 12:23.440] All these guys are real territorial that way, and it keeps things from getting confused
[12:23.440 --> 12:28.440] So when you look at jurisdiction, you also want to look closely at venue
[12:28.440 --> 12:34.440] And that's my story, and I'm digging to it, and I'll shut up now
[12:34.440 --> 12:41.440] So in the state, and in any of these smaller subdivisions, sub-administrative areas within the state
[12:41.440 --> 12:47.440] The kinds of issues that are being addressed are all state issues
[12:47.440 --> 12:54.440] Until you get down to the city, then you have the possibility of somebody giving you a city ordinance violation or something
[12:54.440 --> 13:05.440] The city can also have its peace officers find probable cause of some state offense
[13:05.440 --> 13:16.440] So then when you get dragged in for crimes, it's even if it was a city employee, also known as police officer
[13:16.440 --> 13:25.440] Well then, the things that you're responding to that you're standing to answer for are state offenses
[13:25.440 --> 13:35.440] So you wouldn't look up something about the city of Dallas or the city of Austin penal code, but it doesn't exist
[13:35.440 --> 13:41.440] You're going to be finding Texas penal code, so it's at the state level
[13:41.440 --> 13:47.440] And one last thing would be the officers
[13:47.440 --> 13:52.440] The kinds of officers that you encounter, normally people don't really think about it
[13:52.440 --> 14:00.440] Who approached you? Who's coming after you? You were costed by somebody, who was it? Which agency did they work for?
[14:00.440 --> 14:04.440] And it's good to be able to distinguish that
[14:04.440 --> 14:11.440] Most people just, I don't know, he was big and angry and he was wearing all kinds of deadly, he had a gun on him
[14:11.440 --> 14:16.440] He had a taser, he had a billy club, I don't know who he worked for
[14:16.440 --> 14:26.440] And I can understand how that feels and everything that goes with that, it's just them, they did this to me
[14:26.440 --> 14:34.440] And I get that, but it's also, you need to pay attention, is this a sheriff or a sheriff deputy? Because that's county level
[14:34.440 --> 14:38.440] They have different jurisdiction, they have different responsibilities
[14:38.440 --> 14:41.440] You have a police officer, he works for a city
[14:41.440 --> 14:50.440] You've got troopers, state troopers, they have different authorization to do different things, and so it's good to pay attention to these
[14:50.440 --> 14:59.440] Those are some distinctions, I think it's good to just put them in your mind, even if you don't always remember which one's which, at least you know that there's a line and you can start paying attention for that
[14:59.440 --> 15:01.440] What do you say Randy?
[15:01.440 --> 15:13.440] I say, I just turned on the phone lines, if you have a question or comment concerning jurisdiction in venue
[15:13.440 --> 15:20.440] Or some nice juicy personal question you'd like to ask Brett, that he'll find very embarrassing
[15:20.440 --> 15:31.440] Give us a call at 512-646-1984, but those embarrassing questions, they only go to Brett
[15:31.440 --> 15:35.440] Okay, so phone lines are open, we'll keep them open all night
[15:35.440 --> 15:43.440] And this is definitely something we need to spend more time on, the basics
[15:43.440 --> 15:48.440] I go through one set of basics all the time, and that's kind of the due process
[15:48.440 --> 15:55.440] But what I don't do is go through the practice basics
[15:55.440 --> 15:57.440] How this
[15:57.440 --> 16:02.440] One thing that was difficult for me in the beginning is I need to file a criminal complaint
[16:02.440 --> 16:10.440] Who do I give it to? What does some magistrate mean? Can I just take a magistrate? Do I have to give it to just one? How do I pick which one?
[16:10.440 --> 16:18.440] Even if I figured out who all the magistrates are then what? How do I give it to him? Do I walk into his office? Do I schedule something?
[16:18.440 --> 16:28.440] Do I let him know I'm coming? Do I just happen to meet him in the parking lot on the way to his car? How does this work?
[16:28.440 --> 16:34.440] Do I have to go through an attorney? What happens if an attorney tries to butt in the middle of it? What do I do?
[16:34.440 --> 16:44.440] Some of these kinds of things, they're really like newbie questions, right? But it's good for us to, I think, go over some of these sometimes
[16:44.440 --> 16:56.440] So, well, we're going to go to our sponsors and if anybody has questions or comments, our call in number is 512-646-1984
[16:56.440 --> 16:58.440] We'll be right back.
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[18:00.440 --> 18:11.440] Logos Radio Network welcomes a new show to our lineup for the new year. Scripture Talk with Nana will begin Wednesday, January 8th, from 8 to 10 p.m. Central Time.
[18:11.440 --> 18:21.440] Our goal is in accord with Matthew 516. Let your light so shine before men that they may see your good works and glorify your Father which is in heaven.
[18:21.440 --> 18:26.440] We wish to reflect God's light and be a blessing to all those with a hearing ear.
[18:26.440 --> 18:34.440] Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed to provoke unto love and good works.
[18:34.440 --> 18:41.440] Our verse by verse Bible studies will begin in the book of Matthew where we will discuss one chapter per week.
[18:41.440 --> 18:48.440] Our topical Bible studies will vary each week and will explore sound doctrine as well as Christian character development.
[18:48.440 --> 19:11.440] So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. starting January 8th for an inspiring and motivating discussion of the Scriptures.
[19:11.440 --> 19:22.440] Let your light so shine before men that they may see your good works and glorify your Father.
[19:22.440 --> 19:43.440] Look well again, we ask for Christian, don't know what they don't have answers.
[19:43.440 --> 19:54.440] Okay, howdy, howdy, Randy Helton, Brett Sound, Louisville Radio on this Thursday, the second day of September 2021.
[19:54.440 --> 20:05.440] We're going to James and James, do you have a question for Brett that will be personally embarrassing?
[20:05.440 --> 20:08.440] No, maybe for you, not for Brett.
[20:08.440 --> 20:25.440] Well, the last time I got in you were clear something you weren't in, but I got a traffic ticket.
[20:25.440 --> 20:39.440] July 9th, hadn't had any problems for two years. I was going to use the traffic ticket website, I still have not been able to get into the traffic ticket website.
[20:39.440 --> 20:48.440] Yeah, I haven't got, I've been trying to get my programmer to get that working on my new server and he hasn't got that done yet.
[20:48.440 --> 20:56.440] I just tried to get him today and he's traveling. I will remind him to bring that up.
[20:56.440 --> 21:10.440] If you will send me an email, I will send you the folder of all of the files that I merged to and then you can just put your name and addresses in them.
[21:10.440 --> 21:18.440] The main one is the subject matter jurisdiction challenge. Who gave you the citation? City, state, county?
[21:18.440 --> 21:22.440] It was a trooper, state trooper.
[21:22.440 --> 21:27.440] Okay, there's one question the trooper should have asked you first.
[21:27.440 --> 21:29.440] He did not.
[21:29.440 --> 21:42.440] Good. Then that's, I've got one in there for that. I think there's two subject matter jurisdiction challenges.
[21:42.440 --> 21:47.440] One is for troopers and one's for everybody else.
[21:47.440 --> 22:05.440] And I've got the mother Hubbard motion and I'll just hope stack up motion and lemony discovery, all these motions designed and intended to get the judge to ignore them.
[22:05.440 --> 22:09.440] So that when he ignores them, then you can go directly after the judge.
[22:09.440 --> 22:19.440] So what was your question about the ticket more specifically? I'm just kind of generally going over the top.
[22:19.440 --> 22:25.440] You know, he pulled me over from break lights out. Didn't like me a citation for that. But he wrote me up for...
[22:25.440 --> 22:29.440] Wait, wait, wait. What did he pull you over for?
[22:29.440 --> 22:35.440] Break lights were out. I had a relay burn out and both of the break lights were out.
[22:35.440 --> 22:37.440] Oh, okay.
[22:37.440 --> 22:49.440] So, but he didn't like me a ticket for that. He wrote me for an expired license, which I didn't think it expired until next year. It expired this year in May.
[22:49.440 --> 22:53.440] Failure to display driver's license and no insurance.
[22:53.440 --> 23:03.440] Well, he couldn't access the insurance because the car I was in, the insurance policies out of Pennsylvania, I've already gotten that one dismissed.
[23:03.440 --> 23:07.440] And that was another question Brett and I talked about.
[23:07.440 --> 23:19.440] When she dismissed it, she said, well, that's $365 dismissed right there. I thought the maximum fire under the transportation code was $200.
[23:19.440 --> 23:27.440] Oh, they charge you court costs and there's a whole bunch of other fees in court costs that get added to it.
[23:27.440 --> 23:39.440] Thank you. The last insurance ticket I got, I went into the JP's office and they knew me and they said, Miss Colton, do you have insurance?
[23:39.440 --> 23:49.440] I said, yes, I do. She said, well, if you bring me your insurance card and I think $15, we'll dismiss it.
[23:49.440 --> 23:57.440] I want a jury trial. Miss Colton, do you have insurance? Sure I do. All you have to do is show us your insurance card.
[23:57.440 --> 24:07.440] I know that you're going to charge me $15. If I get a jury trial, once you get the jury, I'll show it to the jury and they'll dismiss and won't charge me anything.
[24:07.440 --> 24:21.440] The JP was in the room, said, throw that ticket out. What? Wait, wait, wait. This is going to be fun.
[24:21.440 --> 24:41.440] And here's the thing, the precinct this is at, precinct two, this judge can't hear this case because a little over two years ago, he's the one that actually denied my motion for a fair and impartial trial.
[24:41.440 --> 24:52.440] So he's already let me know I can never expect to get a fair trial in front of him. And he had to recuse him. Did you hold him accountable at that time?
[24:52.440 --> 25:00.440] Oh, I filed a judicial conduct complaint. I filed a criminal complaint. Of course, there you go.
[25:00.440 --> 25:03.440] Did you run the routine on the criminal complaints?
[25:03.440 --> 25:13.440] I did not. Ended up going to trial losing that trial because the jury didn't know any more than I did five years ago.
[25:13.440 --> 25:37.440] But the assistant county attorney knew I was going to appeal. We were talking while waiting on the crimes to all be tallied up and all that. And my dad had a surgical procedure. I went out of town and I missed my window to appeal. So I've learned, I've already filed my notice of appeal in the court record.
[25:37.440 --> 25:40.440] So it's already filed.
[25:40.440 --> 25:44.440] So it's sitting there waiting for the ruling?
[25:44.440 --> 25:55.440] Correct. And I think I'm going to ask for a bench trial this time and try to get a finding of facts and conclusions in law.
[25:55.440 --> 26:07.440] I prefer bench trials because juries always find me incredibly guilty. And I get to hold the judge responsible for his rulings.
[26:07.440 --> 26:20.440] But I do have a couple of questions about this. I thought if a judge had to recuse himself or was disqualified, they had to bring in a visiting judge to that venue. Is that correct?
[26:20.440 --> 26:29.440] No. No, no. If they have more than one judge in the jurisdiction, then just use another judge.
[26:29.440 --> 26:38.440] Okay, so I will have to go over to them. You will have what? No, you don't have to go anywhere.
[26:38.440 --> 26:48.440] Well, that's what I'm saying. They have to come to you. That's what I thought. Last time they moved it to precinct one.
[26:48.440 --> 27:02.440] And I know that one doesn't have jurisdiction. Oh, if they moved it to jurisdiction to precinct one, you should follow a challenge subject matter jurisdiction and now even get dismissed.
[27:02.440 --> 27:08.440] They haven't done it yet. I received the notice two weeks ago.
[27:08.440 --> 27:16.440] No, no. Wait. What I'm saying, the last one. Only five years ago.
[27:16.440 --> 27:21.440] No, it was that. That was two, two and a half years ago.
[27:21.440 --> 27:28.440] Oh, okay. Well, it was subject matter jurisdiction. You can challenge it no matter how remote in history.
[27:28.440 --> 27:38.440] So if they had a judge here at another precinct, they can't hear it in another precinct. They have to hear it in your precinct.
[27:38.440 --> 27:39.440] Got it.
[27:39.440 --> 27:40.440] Let me ask you something, James.
[27:40.440 --> 27:58.440] One question I had. I've got, I received a summons two weeks ago and I thought it was for trial on this Reddit and I've received it on a Thursday night. No, a Friday night.
[27:58.440 --> 28:07.440] Monday when I got to work, I started typing up a motion. I was going to type up a motion to dismiss for lack of 16, 17 orders in the court record.
[28:07.440 --> 28:12.440] And I pulled the notice on Reddit. It's just a docket call.
[28:12.440 --> 28:18.440] Hold on. Look at 28.01.
[28:18.440 --> 28:19.440] Okay.
[28:19.440 --> 28:23.440] Docket call? No, no, no. They can't do docket call.
[28:23.440 --> 28:44.440] Yeah, so when I go in and I have to go in Tuesday for work and I will be, and I don't know, last time I filed criminal complaints with the assistant county attorney, but they never got to the DA.
[28:44.440 --> 28:50.440] So I'm thinking I might get the county judge this time with them one day and get him to verify.
[28:50.440 --> 28:59.440] Hold on. Criminal complaints against public officials always go to grand jury.
[28:59.440 --> 29:00.440] Okay.
[29:00.440 --> 29:09.440] If you give one to a prosecuting attorney, he shall reduce complaint to an information submitted to the grand jury.
[29:09.440 --> 29:20.440] So you just go ahead and file it with the grand jury at the district attorney's office. That way, if he touches it, then you have tampering and obstruction.
[29:20.440 --> 29:25.440] Okay. Yeah, we've got a new district attorney here.
[29:25.440 --> 29:32.440] What is her name? Castle, something Castle, but.
[29:32.440 --> 29:33.440] What count?
[29:33.440 --> 29:36.440] So, Angelina.
[29:36.440 --> 29:39.440] Okay. Good. This will get her attention.
[29:39.440 --> 29:41.440] Yeah.
[29:41.440 --> 29:44.440] My clock just went down.
[29:44.440 --> 29:47.440] I think the other is like, there we go. Okay.
[29:47.440 --> 29:50.440] Hang on. Randy Kelton, Brett Mountain.
[29:50.440 --> 29:54.440] We have a lot of radio.
[29:54.440 --> 30:01.440] We've got a full board of callers, so we'll give out the call number. We'll be right back.
[30:01.440 --> 30:06.440] Businesses ask you for a lot of personal information, and you may trust them to keep it safe.
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[31:51.440 --> 31:53.440] There is more to the story.
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[33:13.440 --> 33:30.440] Yes, Mr. Office, I've just taken the line to heaven.
[33:30.440 --> 33:56.440] All right, we are back. Rural Law Radio, Randy Kelton, I'm Brett Fountain,
[33:56.440 --> 34:00.440] and we are talking with James in Texas.
[34:00.440 --> 34:05.440] And James, I did have a question for you about this disqualification.
[34:05.440 --> 34:10.440] You disqualified a judge, and I'd like to know how long ago was that?
[34:10.440 --> 34:16.440] That was approximately two and a half years ago.
[34:16.440 --> 34:19.440] Well, that's greater than three days.
[34:19.440 --> 34:23.440] He has three business days to wait a second.
[34:23.440 --> 34:27.440] That's a different case, right? Yeah, completely different case.
[34:27.440 --> 34:34.440] All right, so go ahead and move for his disqualification again in this case.
[34:34.440 --> 34:49.440] And in the grounds that you would cite for that, you can mention that he's already made it clear to you that he's not willing to give you a fair and impartial trial.
[34:49.440 --> 34:57.440] Yeah, he did so in those uncertain terms. He denied your motion straight up for fair and impartial trial.
[34:57.440 --> 35:10.440] Well, he has three days. He doesn't get much time to decide whether he's going to back out gracefully or if he's going to refer that matter to the Admin Judge.
[35:10.440 --> 35:22.440] We were asking earlier what happens when you disqualify. Do they send it somewhere? Does somebody come? And I'll refer you to the Texas Rules of Civil Procedure.
[35:22.440 --> 35:29.440] We'll take a look at rule 18A and 18B. 18B is the grounds for the disqualification.
[35:29.440 --> 35:36.440] 18A talks about the disqualification and recusal. In Texas, they're slightly different.
[35:36.440 --> 35:42.440] What was that on 18A and B of what?
[35:42.440 --> 35:52.440] 18A and 18B. Bravo. Those two rules are in the Texas Rules of Civil Procedure.
[35:52.440 --> 35:55.440] Okay.
[35:55.440 --> 36:05.440] That will be really handy for you to get familiar with because as soon as you read over it a couple times, you'll be more fresh with it than he is.
[36:05.440 --> 36:12.440] This is something else I have a quick question about. You rang my bell with that.
[36:12.440 --> 36:21.440] I filed a disqualification motion against the precinct one judge after it got moved over there and he just denied it out of hand.
[36:21.440 --> 36:30.440] He pulled up something out of the Texas government code that they don't have to disqualify themselves if they don't want to.
[36:30.440 --> 36:33.440] Oh, for a JP? Was it a JP?
[36:33.440 --> 36:41.440] On a motion to recuse, they can deny it. On a motion to disqualify, they can't.
[36:41.440 --> 36:48.440] But he's also right that it doesn't specifically say the justice of the peace.
[36:48.440 --> 36:57.440] They can pretty much do whatever they want because there's just a little bit of a loophole there.
[36:57.440 --> 37:13.440] And so that's kind of what I was, I'm really concerned about that because if they try to move it to that precinct this time, I'll be able to either have him dismiss it or he can come over closer to my house.
[37:13.440 --> 37:29.440] Well, if you want to disqualify him, you're going to have to do it with the constitutional article. Let's see, what is it? Do you remember Randy? It's at 1A and section 11.
[37:29.440 --> 37:38.440] I've got to go take a look at it. There's a national provision that says that nobody has to be sitting in front of a judge that's interested.
[37:38.440 --> 37:45.440] And no judge sells it.
[37:45.440 --> 37:49.440] Go ahead.
[37:49.440 --> 37:53.440] Randy?
[37:53.440 --> 38:02.440] Oh, I thought I was muted when I wasn't muted. I'm brain dead today.
[38:02.440 --> 38:09.440] There are three things that go to constitutional disqualification and it's in the rule.
[38:09.440 --> 38:24.440] One is that they are related to one of the litigants within three degrees of co-sanguinity, that they have a financial relationship with one of the litigants.
[38:24.440 --> 38:42.440] And I think the other one goes to having represented a party. I don't remember exactly, but there are three of them. They're very specific and none of them go to whether he's fair and honest or unbiased.
[38:42.440 --> 38:47.440] Technically, you don't have a right to a judge that's unbiased.
[38:47.440 --> 39:00.440] Well, it depends on how you look at interested because they want to think of interested meaning that they have a financial pecuniary, they call it interest.
[39:00.440 --> 39:09.440] And yet, if they have, if they approach the bench with a bias, that's an interest.
[39:09.440 --> 39:19.440] And here at the Texas Constitution, Article 5, and it's Section 1-A as an alpha.
[39:19.440 --> 39:29.440] And then, let's see, underneath that, let's see, Section 11, disqualification of judges.
[39:29.440 --> 39:41.440] Now, this is one that covers not only the judges that we would disqualify with Rule 18a, but it also covers justices of the piece.
[39:41.440 --> 39:58.440] It says, no judge shall sit in any case wherein the judge may be interested, or all these other things that you just described, the co-sanguinity and degrees of relationship.
[39:58.440 --> 40:00.440] So...
[40:00.440 --> 40:02.440] Interested.
[40:02.440 --> 40:06.440] Well, that's an interesting case.
[40:06.440 --> 40:12.440] What does interested mean in this context?
[40:12.440 --> 40:21.440] Well, yeah, I guess I don't want to speak out of a proactive statement of law out of my mouth.
[40:21.440 --> 40:23.440] We should go find out about that.
[40:23.440 --> 40:27.440] We need to look up this. There's got to be some case law.
[40:27.440 --> 40:35.440] I have successfully disqualified somebody before in this by using this.
[40:35.440 --> 40:48.440] So, you know, there must be some things all that about it. It's not just an idea.
[40:48.440 --> 40:58.440] I'm sure it's not. Because they used the term interested, thus used clearly as a term of art.
[40:58.440 --> 41:06.440] So there's certainly case law defining what interested is.
[41:06.440 --> 41:16.440] So probably if we run a search for the article, the constitutional article, what article, 5, 6 and 1, was it?
[41:16.440 --> 41:19.440] Section 11.
[41:19.440 --> 41:30.440] Okay. If we run that, we'll probably find some case law on it that defines what interested is.
[41:30.440 --> 41:33.440] There's got to be more than just interested in the case.
[41:33.440 --> 41:35.440] Okay.
[41:35.440 --> 41:36.440] Now, we need to...
[41:36.440 --> 41:39.440] I have a question when I go in Tuesday. I'm going to...
[41:39.440 --> 41:46.440] I'm going to want to examine the court record before I go in. I think the...
[41:46.440 --> 41:52.440] Sometimes it was for 9 a.m. I'm going to go in about 8. I want to examine the court record.
[41:52.440 --> 41:56.440] Of course, there's not going to be anything in there except what I put in and copies of the citation,
[41:56.440 --> 42:00.440] but I want to verify that there's no 16-17 order.
[42:00.440 --> 42:06.440] Now, these court clerks are not going to let me see the court record. I can tell you that already.
[42:06.440 --> 42:12.440] So when I call somebody to arrest them, what do I have them arrest them for?
[42:12.440 --> 42:17.440] The official misconduct or official oppression.
[42:17.440 --> 42:23.440] Okay. That's what I was thinking, but I wanted to verify before I went in Tuesday.
[42:23.440 --> 42:29.440] And I've got some other stuff I want to talk to you all about, but I may wait and call in tomorrow
[42:29.440 --> 42:33.440] when you've got more time. That way some other folks can get in.
[42:33.440 --> 42:38.440] Because I definitely want to bring on Tina.
[42:38.440 --> 42:46.440] I don't see her. I thought she was here. Tina was in court today in a deposition today,
[42:46.440 --> 42:50.440] and I wanted to hear what was going on. Maybe she's waiting until tomorrow.
[42:50.440 --> 42:56.440] But we have a full board of callers. So call in tomorrow and we can spend more time on it.
[42:56.440 --> 43:05.440] Yeah. I've got one other quick thing. Have you been watching any of Phillip Turner's videos lately?
[43:05.440 --> 43:07.440] No.
[43:07.440 --> 43:15.440] The Betosai? His Turner v. Driver came down in what, February of 2017?
[43:15.440 --> 43:16.440] Yes.
[43:16.440 --> 43:21.440] Okay. He was in Corgan, Texas about 15 miles or so south of me.
[43:21.440 --> 43:28.440] It's a notorious speed trap. It has been since I moved here in 1990.
[43:28.440 --> 43:36.440] And they actually had signs up on the police station that you can't record.
[43:36.440 --> 43:43.440] This was in July. End of July. And they wrote him a ticket.
[43:43.440 --> 43:50.440] And if they hadn't hang on for just a minute, I'll tell you what he did, and this is really going to make you crack up.
[43:50.440 --> 43:57.440] Okay. Randy Shelton, we're at something real on our radio. We'll be right back.
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[46:02.440 --> 46:22.440] If you did not have any problems, where you gonna look for one? If you could not wait any
[46:22.440 --> 46:38.440] longer, what would your purpose have to be done?
[46:38.440 --> 46:57.440] Okay, I was waiting for Brett. Brett was waiting for me. Randy Kelton, Brett Fountain, Ruvela Radio.
[46:57.440 --> 47:03.440] Talking to James in Texas. Okay, James, what did Turner do?
[47:03.440 --> 47:12.440] You know, somebody got, I don't remember if they got arrested or got a ticket for filming like a week before he traveled up from Houston.
[47:12.440 --> 47:21.440] I think he lives in the Houston area. So he went to go do his thing and you know how his demeanor and everything.
[47:21.440 --> 47:29.440] But he's recording across the street and he sees these signs that you can't videotape the police station or in the police cars.
[47:29.440 --> 47:34.440] The only way to walk into the station, you have to walk right by the police cars.
[47:34.440 --> 47:45.440] You know, Corgan's 1500 people. So he went in finally and asked the dispatcher, could he get an officer out there to talk to?
[47:45.440 --> 47:50.440] One came and talked to him. He says, you can't be recording. I need your name.
[47:50.440 --> 47:59.440] So he said, well, my last name's Turner and gave him his business card with Turner v. Driver written across the back.
[47:59.440 --> 48:04.440] And guy reads it and he's going, okay, so your first name, but too shy or what?
[48:04.440 --> 48:10.440] And he goes, no, that's my, you know, that's my Facebook page, the Potosi.
[48:10.440 --> 48:21.440] But my last name is Turner. The cop didn't either. He didn't even click in his mind. Maybe I ought to look this case up before I do anything with this guy.
[48:21.440 --> 48:30.440] And they ended up writing him a ticket. Well, the signs are no longer on the building.
[48:30.440 --> 48:42.440] He had more, he had over 1500 people after they let him go. He did like a 50 minute live stream talking about what happened.
[48:42.440 --> 48:48.440] And he had more people watching his live stream than live in the town of Corgan.
[48:48.440 --> 49:00.440] But I'm just sitting there thinking, how could that cop, I told you my last name is Turner and I gave you a business card with Turner v. Driver on it.
[49:00.440 --> 49:10.440] I would thank you with snap to maybe I ought to look this up before I do anything to this guy and didn't do it.
[49:10.440 --> 49:19.440] So I thought you would get a kick out of that. But that's that's pretty much all I have for tonight. I'll try to call back in tomorrow when y'all got more time.
[49:19.440 --> 49:23.440] I want to let some other folks get in.
[49:23.440 --> 49:30.440] Okay, well, thank you very much, James. And call back tomorrow night. We'll take you early.
[49:30.440 --> 49:36.440] Now we're going to go to Mary in Texas. Hello, Miss Mary.
[49:36.440 --> 49:42.440] Hello, Mr. Kelton. I enjoyed your workshop last weekend. That was a lot of fun.
[49:42.440 --> 49:48.440] Good. I enjoyed it too. I don't think Brett did. Did you enjoy it, Brett?
[49:48.440 --> 49:50.440] I didn't.
[49:50.440 --> 49:55.440] Well, I wonder what it would look like if I were enjoying it.
[49:55.440 --> 50:09.440] Yeah, Brett came down and we did a seminar, an all day seminar. We'll do another one. They want another one in about six weeks.
[50:09.440 --> 50:15.440] So it was interesting. We got a lot of interest in the Austin area.
[50:15.440 --> 50:22.440] And Mary was there, her ball of energy as usual.
[50:22.440 --> 50:26.440] How many tickets did we have? 50? 100?
[50:26.440 --> 50:30.440] I think we had about almost 50.
[50:30.440 --> 50:35.440] There's a really good crowd. I hope some of it fall in.
[50:35.440 --> 50:43.440] There was two. I was too busy to get it. I tried to count it once, but too much was going on. I couldn't get through the count.
[50:43.440 --> 50:53.440] But it really went well and we got a good response. So we'll be doing more seminars if there's a call for it.
[50:53.440 --> 51:00.440] So I have some people in Arizona who's setting up a seminar out there.
[51:00.440 --> 51:06.440] And I just got a contact from Dallas of someone who wants to do one.
[51:06.440 --> 51:12.440] So I'm hoping we can start doing a few seminars.
[51:12.440 --> 51:15.440] Get the word out.
[51:15.440 --> 51:19.440] I'm sorry, I spoke over you. We're saying that again.
[51:19.440 --> 51:23.440] Are you going to get a video out anytime soon?
[51:23.440 --> 51:29.440] If the video worked. I haven't gotten to the video cards yet.
[51:29.440 --> 51:33.440] I just got back to the Dallas area.
[51:33.440 --> 51:51.440] And I'm working on the DUI questionnaire for some investors that are interested in possibly financing my legal earth project.
[51:51.440 --> 52:02.440] So I've got just got a lot to do and I'm struggling today because I started about two this morning working on this tool.
[52:02.440 --> 52:06.440] And about nine o'clock this morning, I finished it.
[52:06.440 --> 52:11.440] And just as I finished it, the power supply went out on my main machine.
[52:11.440 --> 52:15.440] I was finished, but it's trapped in there.
[52:15.440 --> 52:20.440] I couldn't get it out. I'm having trouble with one drive.
[52:20.440 --> 52:25.440] I put it on one drive and it's one drive didn't did not sync it to the cloud.
[52:25.440 --> 52:34.440] So it's stuck inside this. I even took the hard drive out of the machine and put it in another machine to try to find the file.
[52:34.440 --> 52:41.440] I couldn't find it. So I started over and did it again and finished it about five minutes before the show started.
[52:41.440 --> 52:49.440] So if I seem a little brain dead, I am.
[52:49.440 --> 52:55.440] Well, you know, you know, I want to get you into a political action committee at some point.
[52:55.440 --> 52:57.440] Yes, I do.
[52:57.440 --> 53:05.440] And I am looking at one of the things on my agenda.
[53:05.440 --> 53:16.440] But if these guys want to give me a million dollars to get this legal earth project going, I will give them some time first.
[53:16.440 --> 53:20.440] Well, hopefully I'll get mine up before yours and then I'll know what to do.
[53:20.440 --> 53:25.440] But I think I want to put you nationally instead of statewide.
[53:25.440 --> 53:36.440] I think I'd like to as well. I'm getting a lot of feedback on this governor complaint issue.
[53:36.440 --> 53:46.440] I started a website, not a website, a telegram channel, Mask Law Society.
[53:46.440 --> 53:52.440] We've got about 400 and something members already where we're collecting information.
[53:52.440 --> 54:04.440] And one guy had taken my criminal complaint against the governor, rewrote it for Vermont and filed it in Vermont.
[54:04.440 --> 54:13.440] And just heard that right after he filed those, the governor in Vermont removed his executive orders.
[54:13.440 --> 54:16.440] Oh, beautiful.
[54:16.440 --> 54:20.440] Maybe coincidental, I don't know.
[54:20.440 --> 54:23.440] Brett, do you believe in coincidence?
[54:23.440 --> 54:25.440] Not at that level.
[54:25.440 --> 54:38.440] So I'm not sure, you know, it does look encouraging and still what I'm thinking it is, is the governor, as you see the right, seeing the writing on the wall,
[54:38.440 --> 54:44.440] and they're trying to recover their conservative base.
[54:44.440 --> 54:47.440] That's why they're doing this.
[54:47.440 --> 54:55.440] I never think that, but I think it's not wanting to sit in front of a foreman of a grand jury like you said.
[54:55.440 --> 55:00.440] That's what I'm hoping.
[55:00.440 --> 55:05.440] It is, Randy, it is. They don't care about lobbyists or candidates or anything.
[55:05.440 --> 55:08.440] Man, they care about that foreman.
[55:08.440 --> 55:17.440] When I went and walked into my district attorney's office and he was sitting with his head in his hand, and I said, what's the matter, Greg?
[55:17.440 --> 55:28.440] He looked up at me with this full-horn look and said, those darn grand jurors, you never know what they're going to do.
[55:28.440 --> 55:36.440] I raised both hands up over my head, looked up at the ceiling and said, there is a God.
[55:36.440 --> 55:41.440] I couldn't have heard anything better, so yeah, that could be it.
[55:41.440 --> 55:44.440] It's always a crap shoot.
[55:44.440 --> 55:46.440] I got more questions and all this stuff.
[55:46.440 --> 55:54.440] I got an idea about how to see a former employer from almost three years ago, about three months, five, three years.
[55:54.440 --> 56:03.440] And anyways, I wanted to run some of that by you, but I'm going to let y'all go for tonight and maybe I'll catch up with you on this tomorrow.
[56:03.440 --> 56:09.440] Let's talk about that tomorrow because I did a show with Pastor Massad this morning.
[56:09.440 --> 56:21.440] And he was intrigued because he was hearing stuff coming out of my mouth that he never expected to hear coming out of my mouth.
[56:21.440 --> 56:27.440] I'm talking about patriot mythology, not really patriot mythology.
[56:27.440 --> 56:29.440] I'm talking about UCC.
[56:29.440 --> 56:31.440] Okay, thank you.
[56:31.440 --> 56:41.440] When patriots try to use UCC in the criminal courts, we get real annoyed and call it patriot mythology.
[56:41.440 --> 56:48.440] But if you have a job and you're employed, you have an employment contract.
[56:48.440 --> 57:00.440] If the employer comes to you and offers to change the contract, because when he tells you about these mask issues and vaccination issues,
[57:00.440 --> 57:03.440] that's an offer to change the contract.
[57:03.440 --> 57:05.440] You already have one.
[57:05.440 --> 57:09.440] And he's offering to add covenants to the contract.
[57:09.440 --> 57:13.440] That's an offer to contract under UCC.
[57:13.440 --> 57:20.440] And what Leslie and I are putting together is a counteroffer.
[57:20.440 --> 57:25.440] I accept your offer for value and present my counteroffer.
[57:25.440 --> 57:33.440] If they make an offer to contract by stating all of these requirements and you say nothing,
[57:33.440 --> 57:38.440] you acquiesce by silence because it's a contract.
[57:38.440 --> 57:47.440] If you file a response and mark it up with patriot mythology crapola and they don't respond to it,
[57:47.440 --> 57:51.440] they think it's just patriot mythology, they acquiesce.
[57:51.440 --> 57:55.440] Hang on, my clock's gone, I think I'm right.
[57:55.440 --> 57:57.440] We'll be right back, I believe.
[57:57.440 --> 57:59.440] Wait a minute.
[57:59.440 --> 58:01.440] I got a minute.
[58:01.440 --> 58:10.440] So if they don't respond and they go ahead and do what they were going to do, they acquiesce by silence.
[58:10.440 --> 58:22.440] And if you include in your offer to contract a mediation clause, then you bind them to mediation.
[58:22.440 --> 58:28.440] And we can take them to 9 U.S. Code, the arbitration clause.
[58:28.440 --> 58:33.440] And if they're not careful, get a default judgment against them.
[58:33.440 --> 58:36.440] We'll talk about this in more detail tomorrow.
[58:36.440 --> 58:39.440] Thank you very much.
[58:39.440 --> 58:42.440] Call us back tomorrow, Mary.
[58:42.440 --> 58:43.440] Thank you.
[58:43.440 --> 58:45.440] We've got it.
[58:45.440 --> 58:48.440] And I really enjoyed you this weekend. You were great fun.
[58:48.440 --> 59:10.440] OK, great help.
[59:18.440 --> 59:28.440] Thank you very much.
[59:48.440 --> 01:00:00.440] You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:19.440 --> 01:00:34.440] $55.63 a barrel, Brent Crude $62.47 a barrel, and Crypto is an order of market cap, Bitcoin Core $10,566.52, Ethereum $227.26, XRP Ripple $0.33,
[01:00:34.440 --> 01:00:46.440] Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[01:00:46.440 --> 01:00:57.440] Today in history, the year 1916, the Preparedness Day bombing, a time suitcase bomb, was detonated on Market Street in San Francisco during the World War I Preparedness Day Parade,
[01:00:57.440 --> 01:01:00.440] killing 10 and injuring 40.
[01:01:00.440 --> 01:01:04.440] Today in history.
[01:01:04.440 --> 01:01:17.440] In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing hemp into Texas law back in June, county prosecutors around the state, including Houston, Austin, San Antonio, have been dropping marijuana possession charges,
[01:01:17.440 --> 01:01:24.440] and even refusing to file new ones, since they are stipulating that they do not have the time or the laboratory equipment to test the herb for THC.
[01:01:24.440 --> 01:01:33.440] Margaret Moore, the Travis County District Attorney, announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[01:01:33.440 --> 01:01:42.440] Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter to county district attorneys back on Thursday that marijuana has not been decriminalized in Texas,
[01:01:42.440 --> 01:01:52.440] and that these actions demonstrate a misunderstanding of how HB 1325 works, as well as other cities, too, like the District Attorney in El Paso.
[01:01:52.440 --> 01:02:01.440] Jaime Esparza, a Democrat who also stated earlier this month that the law, quote, will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:01.440 --> 01:02:08.440] However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County, who stated that, quote,
[01:02:08.440 --> 01:02:13.440] the law is constantly changing on what makes something illegal based on its chemical makeup.
[01:02:13.440 --> 01:02:22.440] It's important that if someone is charged with something, the test matches what they're charged with.
[01:02:22.440 --> 01:02:39.440] A paper by Tulane University identified a five-and-a-half-inch American pocket shark as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:39.440 --> 01:02:53.440] According to the university paper, the shark secretes a lumus fluid from a gland near its front fins for the purpose of its hypothesize to lure and prey who may be drawn into the glow.
[01:02:53.440 --> 01:03:22.440] This is Rick Rody of the Lowdown for July 22, 2019.
[01:03:23.440 --> 01:03:52.440] This is Rick Rody of the Lowdown for July 22, 2019.
[01:03:52.440 --> 01:03:57.440] All right, we are back. This is the rule of law radio, Randy Kelton. I'm Brett Fountain.
[01:03:57.440 --> 01:04:06.440] And this is the second of September, Thursday evening, September 2 of 2021.
[01:04:06.440 --> 01:04:11.440] And we're going to go to our next caller, which is Joseph in Texas.
[01:04:11.440 --> 01:04:15.440] Joseph, what's on your mind this evening?
[01:04:15.440 --> 01:04:23.440] Well, what I was coming about was I was reading a court ruling the other day, which I thought was super interesting.
[01:04:23.440 --> 01:04:30.440] And I think I go out in the woods, try to get away from all these taxes, all this data, things like hard drives after due study.
[01:04:30.440 --> 01:04:52.440] And I, in case I was reading, stated that the county is liable if a county officer or city officer violates your rights or commits, you know, wrongs you in any way, the county is the liable party.
[01:04:52.440 --> 01:05:04.440] And I thought that was fabulous, that it's something I could really use. And I thought I'd say there's somewhere where I couldn't lose it and I can't find it anymore.
[01:05:04.440 --> 01:05:17.440] And so I'm hoping, I think I got this in a year, something by Eddie Craig, I think that who gave me that case, but I ain't for sure.
[01:05:17.440 --> 01:05:22.440] I was just wondering if maybe y'all could tell me the name of that case.
[01:05:22.440 --> 01:05:35.440] I don't have the name of the case, but I do have a concern. I don't want the county or the municipality to be liable because they claim they have immunity.
[01:05:35.440 --> 01:05:48.440] Yeah, but this case addressed all that very well. It gave what I thought were super ammunition where they could not claim immunity.
[01:05:48.440 --> 01:05:51.440] Did I definitely want to see that case?
[01:05:51.440 --> 01:06:05.440] Well, I went out and I searched and searched for it. How come I can do this to find out standing cases and then not find them? You know, then they just disappear somehow.
[01:06:05.440 --> 01:06:15.440] And another thing I wanted to bring up, I was reading in a book that I want to say Danny Murphy made me aware of probably about 25, 30 years ago.
[01:06:15.440 --> 01:06:24.440] Put out by county.org and the book is on, well, they've got several outstanding books on that website.
[01:06:24.440 --> 01:06:29.440] But one is on the oath of office, bribery statement and bond.
[01:06:29.440 --> 01:06:35.440] And I got that as a trooper I was talking to probably about 20 years ago.
[01:06:35.440 --> 01:06:51.440] And he told me he became a trooper in 1976. And at that time they were losing a bunch of court cases because the officers were not, did not have a valid oath or bribery statement or bond, something like that.
[01:06:51.440 --> 01:06:59.440] So instead they troopers started encouraging them to renew their oaths annually.
[01:06:59.440 --> 01:07:06.440] But I like to that county.org's book on oaths of office and bribery statement and bonds has a bunch of court rulings.
[01:07:06.440 --> 01:07:09.440] Oh, that, you know, got to show it.
[01:07:09.440 --> 01:07:14.440] And from what I understand they have to redo it pretty regular.
[01:07:14.440 --> 01:07:23.440] What I recall I read in the Texas Constitution probably about 20, 30 years ago that the term of office is two years and let's specify it differently.
[01:07:23.440 --> 01:07:26.440] And it cannot be over four years.
[01:07:26.440 --> 01:07:30.440] And I just thought that was stuff I'd like to bring up in.
[01:07:30.440 --> 01:07:32.440] Wait, wait, wait, wait, wait.
[01:07:32.440 --> 01:07:38.440] Term of office two years can't be over four years. What did that mean?
[01:07:38.440 --> 01:07:41.440] I believe that is the Texas Constitution.
[01:07:41.440 --> 01:07:42.440] Term of office.
[01:07:42.440 --> 01:07:45.440] No, term of who's office.
[01:07:45.440 --> 01:07:49.440] Well, the public servants.
[01:07:49.440 --> 01:07:57.440] What we have, you know, servants can can can serve for more than two or four years.
[01:07:57.440 --> 01:08:07.440] Is that saying that the the oath of office is only good for the single term that has to be renewed?
[01:08:07.440 --> 01:08:14.440] Or is it saying that these officers can't serve for more than those terms?
[01:08:14.440 --> 01:08:19.440] No, it's saying to the best of my knowledge, their oath is not good any longer than the term is.
[01:08:19.440 --> 01:08:22.440] When they start a new term of office, they have to renew it.
[01:08:22.440 --> 01:08:24.440] That's my understanding.
[01:08:24.440 --> 01:08:34.440] And plus, you know, whatever the Constitution is amended, it's my belief they have to take an oath to the new, you know, to the amended Constitution.
[01:08:34.440 --> 01:08:40.440] And if they get promoted, they're required to take an oath again.
[01:08:40.440 --> 01:08:44.440] That has always been problematic for me.
[01:08:44.440 --> 01:08:47.440] Right. Well, like I said, let me explain.
[01:08:47.440 --> 01:08:58.440] I never could understand why they would risk not doing something that's so simple.
[01:08:58.440 --> 01:09:02.440] That's their policy, isn't it?
[01:09:02.440 --> 01:09:06.440] Acting ignorant. Probably.
[01:09:06.440 --> 01:09:18.440] But, you know, by their PSs, you know, that's what I, you know, I was talking when I was growing up and going to school about how honorable it is to be a PS, like that's a public servant.
[01:09:18.440 --> 01:09:25.440] I believe we've got a double meaning, pathetic, be stupid, public servants.
[01:09:25.440 --> 01:09:35.440] But I think that book by county.org is fabulous on the oath of office, private statement and bond.
[01:09:35.440 --> 01:09:37.440] Can you send me a link to that?
[01:09:37.440 --> 01:09:42.440] If you get that, you probably have just about every conviction overturned.
[01:09:42.440 --> 01:09:47.440] Yep, that's true.
[01:09:47.440 --> 01:09:50.440] Can you send that to me?
[01:09:50.440 --> 01:09:51.440] Give me a link to that.
[01:09:51.440 --> 01:09:53.440] I'll be glad to.
[01:09:53.440 --> 01:09:56.440] Oh, email address.
[01:09:56.440 --> 01:09:57.440] I'll make sure I send it to you.
[01:09:57.440 --> 01:09:59.440] Probably within an hour.
[01:09:59.440 --> 01:10:00.440] Good, good.
[01:10:00.440 --> 01:10:03.440] Joe sends me a lot of good stuff.
[01:10:03.440 --> 01:10:07.440] I have a Joe folder.
[01:10:07.440 --> 01:10:15.440] He's one of my better researchers.
[01:10:15.440 --> 01:10:17.440] Give me that address.
[01:10:17.440 --> 01:10:20.440] I'll make sure I send it right correctly.
[01:10:20.440 --> 01:10:22.440] Oh, you send stuff to me all the time.
[01:10:22.440 --> 01:10:23.440] You got it.
[01:10:23.440 --> 01:10:27.440] Randy at RoodleWallRadio.com.
[01:10:27.440 --> 01:10:30.440] Randy at RoodleWallRadio.
[01:10:30.440 --> 01:10:35.440] Yeah.
[01:10:35.440 --> 01:10:42.440] Yeah, but I take my computer and have it worked on every now and then I get all messed up.
[01:10:42.440 --> 01:10:47.440] Yeah, I've spent all morning working on a document.
[01:10:47.440 --> 01:10:55.440] Sorry about two o'clock and about nine o'clock I got it finished and the power supply went out in my main machine.
[01:10:55.440 --> 01:10:59.440] I talked to God about that one.
[01:10:59.440 --> 01:11:02.440] I got that one in there, but I can't get it.
[01:11:02.440 --> 01:11:05.440] So I had to redo the whole thing.
[01:11:05.440 --> 01:11:08.440] So yeah, I know what you mean.
[01:11:08.440 --> 01:11:11.440] County.org has a bunch of books.
[01:11:11.440 --> 01:11:20.440] But anyhow, like I said, probably within the next half hour, I'll have that book on Oswald's private statement and bond sent to you.
[01:11:20.440 --> 01:11:21.440] Thank you.
[01:11:21.440 --> 01:11:22.440] Thank you.
[01:11:22.440 --> 01:11:25.440] Oh, and welcome.
[01:11:25.440 --> 01:11:28.440] Do you have anything else for us?
[01:11:28.440 --> 01:11:30.440] Well, not that I think of right now.
[01:11:30.440 --> 01:11:33.440] Like I said, I just realized they're strong after reading that.
[01:11:33.440 --> 01:11:37.440] Well, I thought it was an outstanding case because it was very well-worded.
[01:11:37.440 --> 01:11:44.440] And it just, you know, it was just about impossible from reading this case within the claim, claim immunity.
[01:11:44.440 --> 01:11:50.440] And like I said, you know, it just, but you know, that happens to me kind of frequently.
[01:11:50.440 --> 01:11:52.440] But I appreciate it.
[01:11:52.440 --> 01:11:55.440] I'll get off and send you that book.
[01:11:55.440 --> 01:11:56.440] Okay.
[01:11:56.440 --> 01:11:57.440] Thank you.
[01:11:57.440 --> 01:12:01.440] We are surprising a lot of callers.
[01:12:01.440 --> 01:12:02.440] Everybody dropped off.
[01:12:02.440 --> 01:12:08.440] I'm not sure if there's a call line issue or we just put everybody to sleep.
[01:12:08.440 --> 01:12:10.440] I have that effect on people.
[01:12:10.440 --> 01:12:16.440] Randy at Rule of Law Radio, give us a call 512-646-1984.
[01:12:16.440 --> 01:12:25.440] And since we've got some time, I did want to talk about this process we're trying to put together.
[01:12:25.440 --> 01:12:45.440] I mentioned it earlier about putting together a contract and an offer to a counter offered a contract when a company that you're working for decides to arbitrarily and capriciously change your contract with them.
[01:12:45.440 --> 01:12:56.440] They seem to think that because you work for them, that they can pretty well do what they want to, and this especially seems to be the case with school boards.
[01:12:56.440 --> 01:13:25.440] And where you've been on the mask side, if you were to go after a school board now or the school board comes in and decides to arbitrarily restrict the behavior of students, where did they get authority to do that?
[01:13:25.440 --> 01:13:28.440] Exactly, they didn't.
[01:13:28.440 --> 01:13:56.440] Yeah, that was 11.151 of the Texas Education Code is what creates school boards. But that section, the Texas Education Code, gives the Texas Education Agency authority over curriculum.
[01:13:56.440 --> 01:14:01.440] And only authority over curriculum.
[01:14:01.440 --> 01:14:11.440] And it indicates in the code that the schools do not belong to the state, they belong to the counties.
[01:14:11.440 --> 01:14:27.440] So how can the Texas Education Agency give to the school boards more power than it has? That's my question.
[01:14:27.440 --> 01:14:31.440] My school looks like our car board is filling up really quickly.
[01:14:31.440 --> 01:14:36.440] And we got Tina, whom I definitely wanted to talk to.
[01:14:36.440 --> 01:14:38.440] Tina?
[01:14:38.440 --> 01:14:40.440] Yes, Randy.
[01:14:40.440 --> 01:14:44.440] Tell us about your deposition today.
[01:14:44.440 --> 01:15:12.440] Well, it actually was supposed to be tomorrow, but I got a call from the attorney because she had a deposition with another of the victim witnesses today. And she said that the other side, she asked them to be cognizant of the volunteer people's time and to keep it to a minimum,
[01:15:12.440 --> 01:15:17.440] because we're all volunteers to do the deposition.
[01:15:17.440 --> 01:15:28.440] And they said, and they didn't, she said they went two and a half hours on their question to this person today, whose own file was 176 pages.
[01:15:28.440 --> 01:15:43.440] And her questions went for 50 minutes. And she said, well, the person who's doing the deposition tomorrow is a very tight time schedule because she has a lot of appointments.
[01:15:43.440 --> 01:15:51.440] And so we need to keep it to, you know, this time. And they said, no, we're going to take the whole six hours.
[01:15:51.440 --> 01:16:01.440] And with her, now my loan files, 1700 documents apparently. She said she'd never seen one so quick.
[01:16:01.440 --> 01:16:13.440] So she asked, we talk about it and she asked if we could move it. I said, well, I'll get up at 5am and do it. And she said, yeah, but then they could go literally all day.
[01:16:13.440 --> 01:16:25.440] Well, okay. I said, you know, we agreed to Tuesday and I said, well, we're going to do it at 1pm. So they have to stay on, if they want to, depose me for that long.
[01:16:25.440 --> 01:16:34.440] They have to be on the phone till 9pm. They're in Texas. So she said, are you okay? We're going till 7pm.
[01:16:34.440 --> 01:16:44.440] Oh, you're jumping up the cliff, Randy. You don't fall. Okay. Randy Kelton. Brad Fountain ruled our radio.
[01:16:44.440 --> 01:17:00.440] I call in number 512-646-1984. We do have one slot on the board, but it looks like we may have a new caller as well. Hang on. We'll be right back.
[01:17:00.440 --> 01:17:11.440] Logos Radio Network welcomes a new show to our lineup for the new year. Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10pm central time.
[01:17:11.440 --> 01:17:20.440] Our goal is in accord with Matthew 516. Let your light so shine before men that they may see your good works and glorify your Father which is in heaven.
[01:17:20.440 --> 01:17:33.440] We wish to reflect God's light and be a blessing to all those with a hearing ear. Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed to provoke unto love and good works.
[01:17:33.440 --> 01:17:47.440] Our verse by verse Bible studies will begin in the book of Matthew where we will discuss one chapter per week. Our topical Bible studies will vary each week and will explore sound doctrine as well as Christian character developments.
[01:17:47.440 --> 01:17:59.440] So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10pm starting January 8th for an inspiring and motivating discussion of the Scriptures.
[01:17:59.440 --> 01:18:18.440] It's the 2019 Logos Radio Network annual fundraiser and gun giveaway sponsored by Central Texas Gun Works. Go to LogosRadioNetwork.com and enter to win. Any amount is appreciated. Everything helps to keep us on the air.
[01:18:18.440 --> 01:18:30.440] From Central Texas Gun Works, the grand prize up for grabs is the Spikes Tactical AR-15. More prizes and sponsors to be announced. Every $25 donation is a chance to win.
[01:18:30.440 --> 01:18:39.440] When you purchase Randy Kelton's e-book, Legal 101, you get four chances to win. Purchase Eddie Craig's Traffic Seminar and get 10 chances to win.
[01:18:39.440 --> 01:18:48.440] If you've enjoyed the shows on Logos Radio Network, support our fundraiser so we can keep bringing you the best quality programming on TalkRadio today.
[01:18:48.440 --> 01:19:10.440] We also accept Bitcoin and other cryptocurrencies. And remember, every $25 donation is a chance to win. Go to LogosRadioNetwork.com for details and donate today.
[01:19:18.440 --> 01:19:45.440] Okay, we are back. Randy Kelton, Brett Fountain, Ruevlar Radio. We're talking to Tina in California and I had gotten the impression when we talked yesterday that the deposition was today.
[01:19:45.440 --> 01:19:56.440] And I was hoping to hear the results. So I'm looking forward to it. I don't think these lawyers realize what they're getting into.
[01:19:56.440 --> 01:20:09.440] They're saying they want to go for the whole six hours or whatever. They might change their mind when you start working them over.
[01:20:09.440 --> 01:20:28.440] So we can hear you better if I unmute you. Okay, go ahead, Tina. Well, Tina, did we lose you?
[01:20:28.440 --> 01:20:31.440] Here you go. Can you hear me now? Can you hear me now?
[01:20:31.440 --> 01:20:46.440] There you are. Okay. Yeah, I said I hope they change their mind, but if they don't, I'm willing to go the whole six hours. I've got stamina, I'll sit here and we'll see what they do.
[01:20:46.440 --> 01:21:01.440] Yeah, I think they're going to be surprised. They've got someone who has all the answers. They're probably not used to someone who really does their homework, especially they think they're dealing with just some chump pro se.
[01:21:01.440 --> 01:21:05.440] I will be very interested to see how this comes out.
[01:21:05.440 --> 01:21:07.440] Surprise, surprise.
[01:21:07.440 --> 01:21:24.440] Well, I'm really surprised at how many documents they have. Of course, a lot of them will be ones I sent them, and they'll be the notes. Now, I have a question for you. On a deposition, are the lawyers still held to the same standards?
[01:21:24.440 --> 01:21:30.440] Can they try to belittle you and do all those kind of things, or are they still held to the same?
[01:21:30.440 --> 01:21:45.440] Okay, let me, one thing about a deposition. You don't give up any rights, legal or civil, when you go sit down at that deposition.
[01:21:45.440 --> 01:22:05.440] If they have an attitude, shut down their attitude. You don't have to put up with any kind of lack of civility from them. If they want to, you know, a lot of times, lawyers try to use badgering techniques.
[01:22:05.440 --> 01:22:10.440] You don't have to put up with any of that crap, Ola.
[01:22:10.440 --> 01:22:18.440] And you could always tell them that if they'll just bend over, you'll pull that wild hat out of their hinds for them.
[01:22:18.440 --> 01:22:27.440] Getting that on tape for the judge and the jury, most likely to hear it, might be pretty good for them.
[01:22:27.440 --> 01:22:37.440] But, yeah, you don't have to let them badger you. If they ask you a question, I've watched a guy in court in Johnson County.
[01:22:37.440 --> 01:22:41.440] About 24, 25-year-old kid.
[01:22:41.440 --> 01:22:50.440] Every time the lawyer on the other side asked him a question, he waited about 30 seconds before responding.
[01:22:50.440 --> 01:22:54.440] And he was really throwing off the lawyer's timing.
[01:22:54.440 --> 01:23:00.440] So the lawyer finally complained about it, and the judge asked the kid, is there a problem?
[01:23:00.440 --> 01:23:09.440] And the kid said, oh, no, Your Honor, then why are you taking so long to answer? I was thinking.
[01:23:09.440 --> 01:23:14.440] You were thinking, yes, Your Honor, this is far too important for me to be careless.
[01:23:14.440 --> 01:23:19.440] So I'm thinking about my answer before I say anything.
[01:23:19.440 --> 01:23:25.440] The judge turned to the lawyer counselor, be patient.
[01:23:25.440 --> 01:23:36.440] It was for the jury. You know, I'm sitting out in the gallery, and I was impressed.
[01:23:36.440 --> 01:23:43.440] Well, every time he did that, it indicated this guy was really being careful about how he answered.
[01:23:43.440 --> 01:23:53.440] And besides, it throws them off. If they want to badger you, if they want to push you, they'll ask their questions rapid fire.
[01:23:53.440 --> 01:24:04.440] When they asked their question rapid fire and you set their silent for 30 seconds, it really puts them off their game.
[01:24:04.440 --> 01:24:14.440] Well, the attorney for the plaintiffs wants me to explain my problems that I had with them, the frustration,
[01:24:14.440 --> 01:24:19.440] just tell the story of, you know, how many times I applied to them on all those things.
[01:24:19.440 --> 01:24:28.440] She said what they did today was to try to make themselves look good and make the other person look bad
[01:24:28.440 --> 01:24:35.440] in terms of they're not following through and they're not doing what they're supposed to and that the bank did everything they could.
[01:24:35.440 --> 01:24:43.440] Now, obviously, she can't tell me what went on because I have to truthfully tell them if we've discussed anything,
[01:24:43.440 --> 01:24:50.440] unless they're going to ask me that and ask me what emails I've sent. So she's a very smart lawyer.
[01:24:50.440 --> 01:24:56.440] She's, you know, making sure she does not cover up this case at all.
[01:24:56.440 --> 01:25:02.440] But, you know, I mean, I guess if they are rude and obnoxious at any time, I could bark at them, couldn't I?
[01:25:02.440 --> 01:25:07.440] Afterwards, that would be fun.
[01:25:07.440 --> 01:25:09.440] Wait, did you get that, Brett?
[01:25:09.440 --> 01:25:15.440] I think afterwards, she was saying if they're doing something to earn a bar grievance, she could do that afterwards.
[01:25:15.440 --> 01:25:21.440] I'm thinking, why wait until afterwards? You've got nothing better to do this evening.
[01:25:21.440 --> 01:25:23.440] There you go.
[01:25:23.440 --> 01:25:26.440] Well, that's true.
[01:25:26.440 --> 01:25:30.440] So I'm going to read some of the rules so that we can know what ends up.
[01:25:30.440 --> 01:25:33.440] I'm going to have my cup of tea ready.
[01:25:33.440 --> 01:25:39.440] I'm going to sit for six hours and I'll be prepared and I'm going to read all my notes of what happened.
[01:25:39.440 --> 01:25:48.440] I was reading one today and just, you know, from what I wrote in notes of phone calls with the names of the people I spoke to, their IP numbers,
[01:25:48.440 --> 01:25:55.440] and I can, you know, reading it, I can sense the frustration I felt at that time and all the lies.
[01:25:55.440 --> 01:26:03.440] They put money into a suspense account. They attempted to charge me for paying something over the phone.
[01:26:03.440 --> 01:26:15.440] You know, there was all these little instances. I spent 68 minutes and nine seconds on, I put on one call just trying to resolve the insurance issue that they had added
[01:26:15.440 --> 01:26:19.440] when it was already paid by me and they added an escrow.
[01:26:19.440 --> 01:26:29.440] So I'm just, I mean, I know my story inside out, you know, and I'm just going to tell the truth and that's all I have is the truth.
[01:26:29.440 --> 01:26:35.440] And we'll see what happens, but I will call you on Tuesday afterwards.
[01:26:35.440 --> 01:26:42.440] It may be late at night, but I'm ready, you know, what else can I do?
[01:26:42.440 --> 01:26:49.440] We're trying, and the irony of it is, though, is that a certain irony is that going,
[01:26:49.440 --> 01:27:01.440] that they're actually going, this case is about the bank defrauding the government of insurance and other fees and funds that they paid to this bank
[01:27:01.440 --> 01:27:11.440] because they didn't follow the law and what it was supposed to do, but the CEO of that bank ended up being the secretary of the Treasury.
[01:27:11.440 --> 01:27:17.440] There's a certain irony in that, isn't there?
[01:27:17.440 --> 01:27:20.440] Uh-oh.
[01:27:20.440 --> 01:27:26.440] Sorry, you cut out there for a moment. There's a certain irony and then say the rest again?
[01:27:26.440 --> 01:27:36.440] There's a certain irony in the fact that the, that going, this law firm and the whistleblower case is the U.S. versus this bank.
[01:27:36.440 --> 01:27:46.440] And the, you know, because of defrauding the government, which is, you know, the Treasury is the government basically, of funds that they were paid.
[01:27:46.440 --> 01:27:51.440] Well, the CEO of this bank became the secretary of the Treasury.
[01:27:51.440 --> 01:27:55.440] And that's a certain irony, isn't it?
[01:27:55.440 --> 01:28:00.440] So he was defrauding himself, essentially?
[01:28:00.440 --> 01:28:06.440] Well, no, because when he was doing all this defrauding, he wasn't the secretary of the Treasury.
[01:28:06.440 --> 01:28:09.440] He was the CEO of the bank.
[01:28:09.440 --> 01:28:19.440] And the criminal complaints against him in Travis County are not over.
[01:28:19.440 --> 01:28:42.440] You might tell your, the lawyer that the criminal complaints you filed are not done yet because I'll be filing against the prosecuting attorney for shielding Manukin from prosecution by claiming they didn't have jurisdiction on this case when they absolutely did.
[01:28:42.440 --> 01:28:45.440] Yes.
[01:28:45.440 --> 01:28:52.440] Well, it certainly, the whole thing is going to be interesting. It's going to be an education for me. And that's the way I'm looking at it.
[01:28:52.440 --> 01:28:55.440] It's certainly, I'm going to learn a lot from it.
[01:28:55.440 --> 01:29:10.440] Yeah, it's going to take up six hours of my time. But, you know, if I can help the plaintiffs in any way with my truthful testimony, because that's all I've got is the truth, then I will do what I have to do.
[01:29:10.440 --> 01:29:11.440] Wonderful.
[01:29:11.440 --> 01:29:13.440] I will learn a lot.
[01:29:13.440 --> 01:29:16.440] Well, if you go to the other people.
[01:29:16.440 --> 01:29:18.440] Take notes.
[01:29:18.440 --> 01:29:22.440] Anyway, you're going to try to record it, aren't you?
[01:29:22.440 --> 01:29:24.440] I'm going to try again.
[01:29:24.440 --> 01:29:26.440] Good, good.
[01:29:26.440 --> 01:29:29.440] We can always play it on the air.
[01:29:29.440 --> 01:29:32.440] We've had great fun playing recordings on the air.
[01:29:32.440 --> 01:29:34.440] Okay. Thank you very much, Tina.
[01:29:34.440 --> 01:29:36.440] We're going to our sponsors.
[01:29:36.440 --> 01:29:40.440] This is Randy Kelton, Brett Fountain, Rue La Radio.
[01:29:40.440 --> 01:29:44.440] We've got one caller and two segments.
[01:29:44.440 --> 01:29:47.440] So we've probably got room for one more caller, maybe.
[01:29:47.440 --> 01:29:50.440] So if you have a question, comment, give us a call.
[01:29:50.440 --> 01:30:16.440] Hang on. We'll be right back.
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[01:33:32.440 --> 01:33:52.440] Okay, we are back. This is the Rule of Law Radio, Randy Kelton. I'm Brett Fountain.
[01:33:52.440 --> 01:34:03.440] We're going to go to our next caller. First I'll give the call and number is 512-646-1984.
[01:34:03.440 --> 01:34:09.440] Our next caller we have up is Roger in Wisconsin. Good evening, Roger. What's on your mind?
[01:34:09.440 --> 01:34:14.440] Good evening and thanks for taking the call. I have a couple questions,
[01:34:14.440 --> 01:34:22.440] but one pertains to when a lawyer asks to withdraw,
[01:34:22.440 --> 01:34:32.440] and can a person who's not involved in a case file a bar grievance against that lawyer?
[01:34:32.440 --> 01:34:43.440] Okay, that's good. Another lawyer upon me questioning that person stated that that only applies.
[01:34:43.440 --> 01:34:52.440] I mentioned the verbiage of the judge would be interfering with the third party beneficiary contract
[01:34:52.440 --> 01:35:05.440] by allowing an attorney or a lawyer to withdraw and takes off the judicial cap and puts on the administrative cap, correct?
[01:35:05.440 --> 01:35:13.440] I'm not following quite yet about the caps he would put on, but yes, you're exactly right that he's not allowed to interfere with a contract.
[01:35:13.440 --> 01:35:21.440] You don't have to mention who's the third party beneficiary, if it comes up in conversation, like, oh, that's...
[01:35:21.440 --> 01:35:26.440] But I didn't pay for this lawyer. This is a public defender, for example.
[01:35:26.440 --> 01:35:37.440] Well, then, yeah, that could come up. You mentioned that, yes, he is still required to fulfill the duties of this contract to me.
[01:35:37.440 --> 01:35:41.440] But yes, the point that you're going after is absolutely correct.
[01:35:41.440 --> 01:35:52.440] The judge is not allowed to interfere, and the constitutional term for that is to impair the obligations of a contract.
[01:35:52.440 --> 01:36:06.440] Right. And upon that, though, from what I... from your past show, I think Randy mentioned that the judge in this case takes off the judicial cap
[01:36:06.440 --> 01:36:18.440] and puts on an administrative one at that point, meaning also that they could be civilly sued if there was harm gone to the defendant.
[01:36:18.440 --> 01:36:28.440] And I asked another attorney, and they said, no, it doesn't apply for criminal cases. It only applies to civil. And is that correct?
[01:36:28.440 --> 01:36:33.440] Boy, lawyers love to make statements like that, but they don't...
[01:36:33.440 --> 01:36:38.440] Wait a minute. There's a legal term of art for that.
[01:36:38.440 --> 01:36:41.440] Horse manure.
[01:36:41.440 --> 01:36:49.440] Well, there's a lot of horses around these parts, so that's part of the course, I guess.
[01:36:49.440 --> 01:37:01.440] And then the other question was... So I was correct in thinking or saying that that is the case.
[01:37:01.440 --> 01:37:14.440] We're a judge, basically, once they interfere and allow that attorney to withdraw, they're subjected to civil lawsuit for harming that defendant.
[01:37:14.440 --> 01:37:20.440] If the defendant doesn't get a good ruling or something.
[01:37:20.440 --> 01:37:25.440] Exactly. There's one other thing that they don't tend to think about.
[01:37:25.440 --> 01:37:31.440] You came into court with counsel of choice, which is your constitutional right.
[01:37:31.440 --> 01:37:39.440] They allowed your counsel of choice to withdraw when that counsel of choice is already under contract with you.
[01:37:39.440 --> 01:37:50.440] Now the court owes you counsel of choice, so you move the court to appoint you the most expensive lawyer in the jurisdiction.
[01:37:50.440 --> 01:37:59.440] Ah, that's another caveat to the situation. That's good to know.
[01:37:59.440 --> 01:38:09.440] Then the other question pertains to your criminal charge to the governor and the jurisdiction aspect.
[01:38:09.440 --> 01:38:24.440] I understand that 17 other states immediately followed because it seems as though they're in a catch-22 situation now as this new variant came into play.
[01:38:24.440 --> 01:38:36.440] And I guess I'd hate to be a governor or something under these circumstances. Could you elaborate on what's going on recently with this?
[01:38:36.440 --> 01:38:51.440] Well, what I think happened was the governor, he sees this crisis coming and he probably went to his advisors and says, okay, what do I do?
[01:38:51.440 --> 01:39:00.440] I got this pandemic coming. What if somebody dies or is severely harmed by this pandemic?
[01:39:00.440 --> 01:39:12.440] I see it here as the governor and say, well, I'm just a governor. This is not my place to fix. I'm going to get politically crucified.
[01:39:12.440 --> 01:39:22.440] So he sees all of these executive orders. Well, the problem with those orders is they are horrendously illegal.
[01:39:22.440 --> 01:39:38.440] And in my argument, in my... Unconstitutional before? No, not unconstitutional. Well, I didn't address it as directly unconstitutional.
[01:39:38.440 --> 01:39:51.440] I directed it as a violation of separation of powers. That is a restriction but it's not a constitutional issue.
[01:39:51.440 --> 01:39:56.440] Brett, do you have any comment on that? As I understand, it's just something they're not supposed to do.
[01:39:56.440 --> 01:40:00.440] It's not one of those things the Constitution says you can't do.
[01:40:00.440 --> 01:40:06.440] Well, isn't the verbiage of tradition within the Constitution?
[01:40:06.440 --> 01:40:12.440] Well, the Constitution says you can do this and you can do that and you can do the other.
[01:40:12.440 --> 01:40:26.440] Now, where does the Constitution specifically say you can't interfere with what other people do or you can't exercise the authority of another branch?
[01:40:26.440 --> 01:40:34.440] The Constitution didn't speak to that. Case law subsequently spoke to that.
[01:40:34.440 --> 01:40:46.440] So to say that this is a constitutional issue, I couldn't directly say that but I could say that this is a statutory issue.
[01:40:46.440 --> 01:40:57.440] Wherein the governor exerted or purported to exert an authority he did not expressly have.
[01:40:57.440 --> 01:41:04.440] Under color of law with the militia or something. Okay, say that again.
[01:41:04.440 --> 01:41:08.440] Under color of law utilizing a militia.
[01:41:08.440 --> 01:41:22.440] Exactly. I accused him since Texas has no militia and the Constitution gives the governor control over the state militia.
[01:41:22.440 --> 01:41:41.440] I accused him of taking the state police and commandeering the state police and enrolling them as a state militia under his orders to go out with guns and arrest anyone who didn't do what he told them to do.
[01:41:41.440 --> 01:41:56.440] And he read that as sedition. Five, what is it? Do you remember 577? I think it's 577 government code goes to sedition.
[01:41:56.440 --> 01:42:11.440] Where the governor in this case warred against the Constitution in that he took people with guns and used them to enforce actions on his part that were in violation of Constitution.
[01:42:11.440 --> 01:42:26.440] And when you read the founders, the constitutional papers, what are the papers? I lost the name for a minute, the federal papers, Madison's federal papers.
[01:42:26.440 --> 01:42:37.440] The one thing that stands out, the one thing that we're most afraid of was a president and a president to the United States is like a governor to the states.
[01:42:37.440 --> 01:42:42.440] That was the one person who was likely to attempt to overstep his bounds.
[01:42:42.440 --> 01:43:08.440] Texas Constitution Article 1, Section 29, in order to avoid the excesses of the high powers of government, the rights to get the exact terminology stipulated in this Constitution and this section shall be held in violent in perpetuity.
[01:43:08.440 --> 01:43:23.440] That spoke directly to the governor. That was the one they were afraid would overstep his bounds and try to take control over the state and that is exactly what the governor's did.
[01:43:23.440 --> 01:43:33.440] Now what about the president? Is he immune from any such, it would require impeachment and that or what?
[01:43:33.440 --> 01:43:41.440] Yeah, he can't be criminally prosecuted while he's sitting in office, but I don't see anything protecting governors.
[01:43:41.440 --> 01:43:54.440] Alright, we'll talk about this when we come back on the other side. The governors, I understand they're in a spot, but just because something's difficult doesn't mean you get to do anything you want to.
[01:43:54.440 --> 01:43:59.440] Hang on, Randy Kelton, Brett Fountain with a lot of radio, we'll be right back.
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[01:46:22.440 --> 01:46:43.440] Okay, we are back. Randy Helton, Brett Fountain, Rule of Law Radio, and you got me started, Roger.
[01:46:43.440 --> 01:46:49.440] Well, you had another, you had two criminal complaints, correct?
[01:46:49.440 --> 01:46:53.440] No, I had about 50 or 60.
[01:46:53.440 --> 01:46:56.440] I mean, I had just put that one...
[01:46:56.440 --> 01:47:03.440] Depraved heart murder, depraved heart assault, stacks of official oppression charges.
[01:47:03.440 --> 01:47:10.440] The big issue was, all these governors saw a crisis coming.
[01:47:10.440 --> 01:47:20.440] In every state that I've looked at, the governor has the power to call a special session of the legislature.
[01:47:20.440 --> 01:47:25.440] The governor has no power to write law.
[01:47:25.440 --> 01:47:33.440] He can issue orders to the executive branch of government just like the president can issue orders to the executive branch of government.
[01:47:33.440 --> 01:47:38.440] The president can't issue any order to me.
[01:47:38.440 --> 01:47:42.440] I'm his boss. He can't say anything to me.
[01:47:42.440 --> 01:47:48.440] He can speak to the executive branch that works for him.
[01:47:48.440 --> 01:47:52.440] Well, you have this term ruling from the bench, correct?
[01:47:52.440 --> 01:47:58.440] And I don't know about governors, but judges seem to do that quite...
[01:47:58.440 --> 01:48:09.440] Yeah, that is exactly the same kind of problem. The governor had an option of calling a special session of the legislature
[01:48:09.440 --> 01:48:13.440] and going to the government and saying, hey, I have all of these emergency procedures.
[01:48:13.440 --> 01:48:18.440] I would like you to look at these and enact them into law.
[01:48:18.440 --> 01:48:23.440] The question becomes, why didn't he do that?
[01:48:23.440 --> 01:48:33.440] Did he not trust the legislature to have their hearts and minds in the right place?
[01:48:33.440 --> 01:48:41.440] He could have went to us and said, hey, guys, we got this emergency here. Bad things are happening.
[01:48:41.440 --> 01:48:54.440] In order to protect your friends and neighbors, would you be willing to wear these masks if they would help slow down this pandemic?
[01:48:54.440 --> 01:48:57.440] What would you have said, Roger?
[01:48:57.440 --> 01:49:00.440] Well, of course I would.
[01:49:00.440 --> 01:49:11.440] Yeah, I mean, I think I remember you saying that a governor does have, under emergency clause, they act or something where they have 30 or 60 or 90 days, but not forever.
[01:49:11.440 --> 01:49:18.440] No, no, nothing in that emergency clause gives him the power to say anything to me.
[01:49:18.440 --> 01:49:22.440] Nothing in that emergency clause gives him the power to create law.
[01:49:22.440 --> 01:49:25.440] Nothing.
[01:49:25.440 --> 01:49:27.440] That's what he did.
[01:49:27.440 --> 01:49:36.440] He could have went to the legislature and said, hey, guys, come in special session, enact some of these.
[01:49:36.440 --> 01:49:38.440] He didn't trust them.
[01:49:38.440 --> 01:49:40.440] And he didn't trust us.
[01:49:40.440 --> 01:49:42.440] That's the problem.
[01:49:42.440 --> 01:49:45.440] And he deserves it in no quarter.
[01:49:45.440 --> 01:49:49.440] Shame on him.
[01:49:49.440 --> 01:49:51.440] Shame on all these other governors.
[01:49:51.440 --> 01:50:01.440] Like, go ahead, James, Roger, how long would have would have procedure calling a special session with the legislature?
[01:50:01.440 --> 01:50:12.440] How long would that take and given the circumstances that you think that is why he just made a mandate or two days, two days?
[01:50:12.440 --> 01:50:17.440] Oh, well, that that legislature wouldn't have they would have come in.
[01:50:17.440 --> 01:50:21.440] They would have given them proposal, they look it over, rule on it.
[01:50:21.440 --> 01:50:22.440] Boom.
[01:50:22.440 --> 01:50:24.440] It's done.
[01:50:24.440 --> 01:50:25.440] He didn't trust them.
[01:50:25.440 --> 01:50:28.440] Legislature would have been in the same spot he was in.
[01:50:28.440 --> 01:50:33.440] We can't sit here with our toilet and our thumbs while the skies falling in.
[01:50:33.440 --> 01:50:35.440] We got to do something.
[01:50:35.440 --> 01:50:41.440] Had they done that, we could have come back and said, these laws are unconstitutional.
[01:50:41.440 --> 01:50:44.440] They're crapola, blah, blah, blah.
[01:50:44.440 --> 01:50:51.440] Everything is done in accordance with standing law.
[01:50:51.440 --> 01:50:57.440] What do you foresee for the future with this variant coming around from out of there?
[01:50:57.440 --> 01:50:59.440] I've already seen the list of variants.
[01:50:59.440 --> 01:51:02.440] They got about 25 variants.
[01:51:02.440 --> 01:51:05.440] This is what I foresee.
[01:51:05.440 --> 01:51:14.440] COVID-19 virus was and a patent was applied for in 2003.
[01:51:14.440 --> 01:51:20.440] The next day, Pfizer applied for a patent on the vaccine.
[01:51:20.440 --> 01:51:24.440] That's 18 years ago.
[01:51:24.440 --> 01:51:29.440] You think they haven't had time to investigate this vaccine?
[01:51:29.440 --> 01:51:32.440] You think they don't know exactly what it does?
[01:51:32.440 --> 01:51:34.440] Of course they know.
[01:51:34.440 --> 01:51:38.440] They've already listed all the variants.
[01:51:38.440 --> 01:51:46.440] They're going to put out this variant, and this variant brings up the need for a booster shot.
[01:51:46.440 --> 01:51:49.440] They're going to sell all of us a booster shot.
[01:51:49.440 --> 01:51:56.440] They have sold 70% of the population of this country, these vaccines.
[01:51:56.440 --> 01:52:00.440] That is a massive amount of money.
[01:52:00.440 --> 01:52:05.440] Now they're bringing out their Delta virus, the variant.
[01:52:05.440 --> 01:52:07.440] I'll get that right in a minute.
[01:52:07.440 --> 01:52:11.440] Now they sell everybody a booster shot.
[01:52:11.440 --> 01:52:16.440] In a few months, they'll bring out another variant and sell everybody another booster shot.
[01:52:16.440 --> 01:52:26.440] Then when the negative consequences of these chemicals are pumping in and start to come out,
[01:52:26.440 --> 01:52:33.440] then they'll sell us treatments for those who have no doubt they already have the treatments.
[01:52:33.440 --> 01:52:40.440] They know what's coming, and when the issues these create start to occur,
[01:52:40.440 --> 01:52:45.440] they'll sell us treatments for the diseases they gave us.
[01:52:45.440 --> 01:52:49.440] Where are the toxic chemical dumped?
[01:52:49.440 --> 01:52:57.440] The emergency clauses and the governor's mandates and the law, the color of law,
[01:52:57.440 --> 01:53:07.440] forcing people by a person to get vaccinated and prohibit some from travel and all of that.
[01:53:07.440 --> 01:53:11.440] What do you foresee on that front?
[01:53:11.440 --> 01:53:22.440] I foresee the midterm elections, if we can get control back of the election system,
[01:53:22.440 --> 01:53:27.440] I see a sweep from Democrats to Republicans.
[01:53:27.440 --> 01:53:38.440] My concern is that the Democrats have their snouts in the same trough the Republicans do.
[01:53:38.440 --> 01:53:42.440] Remember, Trump was promoting the vaccine.
[01:53:42.440 --> 01:53:44.440] Let's not forget that part.
[01:53:44.440 --> 01:53:45.440] Yes, right.
[01:53:45.440 --> 01:53:55.440] I wanted to state and let you know that I had a theory or proposal to replace all politicians
[01:53:55.440 --> 01:54:00.440] with a computer software program similar to that of American idols,
[01:54:00.440 --> 01:54:07.440] where we the people all call in and vote instead of the best singer or dancer.
[01:54:07.440 --> 01:54:11.440] It's one of the same issues that all these politicians vote on.
[01:54:11.440 --> 01:54:16.440] The problem is the hacked system.
[01:54:16.440 --> 01:54:20.440] You can't see the hackers.
[01:54:20.440 --> 01:54:23.440] They have 5,000 cuts.
[01:54:23.440 --> 01:54:29.440] Nobody's going to want to participate to that level to vote on every single issue.
[01:54:29.440 --> 01:54:31.440] It's just overwhelming.
[01:54:31.440 --> 01:54:36.440] It's a full-time job just to pay attention to how many there are.
[01:54:36.440 --> 01:54:45.440] I just feel a new Continental Congress with re-trust agreements would have to be in play
[01:54:45.440 --> 01:54:49.440] in order to make that change.
[01:54:49.440 --> 01:54:52.440] I'm not crazy about a new Continental Congress.
[01:54:52.440 --> 01:54:55.440] I think we have all the laws we need.
[01:54:55.440 --> 01:54:58.440] We need enforcers.
[01:54:58.440 --> 01:55:05.440] The public seems not to have the stomach to do what they need to do.
[01:55:05.440 --> 01:55:13.440] Down there is a watcher at the election, and they order me to leave.
[01:55:13.440 --> 01:55:17.440] That gets a 911 call.
[01:55:17.440 --> 01:55:21.440] Then we get cops down there from both sides.
[01:55:21.440 --> 01:55:26.440] File criminal charges against anyone who tells me that.
[01:55:26.440 --> 01:55:28.440] Run the routine on them.
[01:55:28.440 --> 01:55:32.440] If we load them up in the courts, we've got these guys with power to influence.
[01:55:32.440 --> 01:55:39.440] That's telling the people at the point of the spirit, you go out and commit these crimes.
[01:55:39.440 --> 01:55:40.440] It's okay.
[01:55:40.440 --> 01:55:41.440] You can commit these crimes.
[01:55:41.440 --> 01:55:51.440] Then they get somebody like you, Roger or me or Brett, start coming after them criminally and civilly.
[01:55:51.440 --> 01:55:56.440] They're going to tell these guys up there at the top, hey, you want to come out here and commit these crimes?
[01:55:56.440 --> 01:55:57.440] You come and do it.
[01:55:57.440 --> 01:56:00.440] These guys are going to put me in jail.
[01:56:00.440 --> 01:56:04.440] We have all the tools we need.
[01:56:04.440 --> 01:56:11.440] We just need to stop waiting for someone else to use those tools.
[01:56:11.440 --> 01:56:25.440] Now, kind of know Congress also what I was thinking would cancel out the national debt because we'd rescind the original signatures due to fraud, conspiracy, collusion, no consideration.
[01:56:25.440 --> 01:56:33.440] It's like the mortgage fraud, the bubble burst subprime.
[01:56:33.440 --> 01:56:37.440] I've heard this continental Congress argument there.
[01:56:37.440 --> 01:56:43.440] We can just decide to pull the plug on everything.
[01:56:43.440 --> 01:56:45.440] That's overkill.
[01:56:45.440 --> 01:56:53.440] What is the point of ushering in a new set of laws if nobody follows the ones we've got anyway?
[01:56:53.440 --> 01:57:05.440] Was it possible without doing that to rescind signatures on whatever debt due to fraud and conspiracy and collusion?
[01:57:05.440 --> 01:57:08.440] You're talking about contractual rescission.
[01:57:08.440 --> 01:57:17.440] You'll have a problem rescinding a contract when you have participated in the benefits of the contract.
[01:57:17.440 --> 01:57:19.440] It's just not that simple.
[01:57:19.440 --> 01:57:22.440] We have a simple solution.
[01:57:22.440 --> 01:57:34.440] Get up, go down to the police department or to the local magistrate, write out a criminal complaint, swear to it on your own before that magistrate, and invoke his duty.
[01:57:34.440 --> 01:57:44.440] And when he don't do his duty, go to the next magistrate and file against that one, tie these guys up in court till they get old.
[01:57:44.440 --> 01:57:53.440] When the courts are flooded with public officials defending themselves from criminal accusations by their masters,
[01:57:53.440 --> 01:57:56.440] review control of this system.
[01:57:56.440 --> 01:58:05.440] As long as we don't enforce the laws we have, new laws, new regulations, what is the time?
[01:58:05.440 --> 01:58:15.440] Thank you, Randy, and you've got a break, and I can hear the music, so I'll cut out now and we can take another call.
[01:58:15.440 --> 01:58:20.440] Okay, thank you, Roger.
[01:58:20.440 --> 01:58:29.440] If ever there was a time that we absolutely have to stand up, this is it.
[01:58:29.440 --> 01:58:37.440] It's getting real ugly and it's getting ugly fast. We need to stand up and take this country back, and that's all the politic and I'm going to do.
[01:58:37.440 --> 01:58:41.440] Randy Kelton, Brett Fountain, Rule of Love Radio, thank you all for listening.
[01:58:41.440 --> 01:58:45.440] We'll be back tomorrow night for our four-hour info marathon.
[01:58:45.440 --> 01:58:49.440] Make sure you show up. Good night.
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