ROL_2021-09-10_16k_Hr1-2.timecode

[00:00.000 --> 00:06.760]  The following news flash is brought to you by The Lone Star Lowdown.
[00:06.760 --> 00:13.160]  Markets for Monday the 22nd of July 2019 open with precious metals, gold at $1,429 an ounce,
[00:13.160 --> 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 --> 00:29.720]  $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum
[00:29.720 --> 00:41.320]  $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:41.320 --> 00:52.320]  In history, the year 1916, the preparedness day bombing, a time suitcase bomb was detonated
[00:52.320 --> 00:57.800]  on Market Street in San Francisco during the World War I preparedness day parade, killing
[00:57.800 --> 01:04.800]  10 and injuring 40.
[01:04.800 --> 01:09.480]  And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing hemp into
[01:09.480 --> 01:14.280]  Texas law back in June, county prosecutors around the state including Houston, Austin,
[01:14.280 --> 01:18.880]  San Antonio have been dropping marijuana possession charges and even refusing to file new ones
[01:18.880 --> 01:22.840]  since they are stipulating that they do not have the time or the laboratory equipment to
[01:22.840 --> 01:27.800]  test the herb for THC. Margaret Moore, the Travis County District Attorney announced earlier
[01:27.800 --> 01:32.520]  this month that she was dismissing 32 felony possession and delivery of marijuana cases
[01:32.520 --> 01:33.720]  because of the law.
[01:33.720 --> 01:37.600]  Mr. Abbott and other state officials, including the Attorney General stipulated in a letter
[01:37.600 --> 01:42.120]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.120 --> 01:48.280]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works as
[01:48.280 --> 01:54.520]  well as other cities too like the District Attorney in El Paso, Cayma Esparza, a Democrat
[01:54.520 --> 01:59.000]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:59.000 --> 02:01.720]  prosecution of marijuana cases in El Paso.
[02:01.720 --> 02:06.760]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.760 --> 02:10.800]  in Harris County who stated that, quote, the law is constantly changing on what makes
[02:10.800 --> 02:13.480]  something illegal based on its chemical makeup.
[02:13.480 --> 02:17.400]  It's important that if someone is charged with something, the test matches what they're
[02:17.400 --> 02:22.600]  charged with.
[02:22.600 --> 02:27.240]  A paper by Tulane University identified a five and a half inch American pocket shark
[02:27.240 --> 02:32.360]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.360 --> 02:38.040]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.040 --> 02:39.040]  Pacific Ocean.
[02:39.040 --> 02:43.800]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.800 --> 02:50.080]  its front fins for the purpose it is hypothesized to lure and prey who may be drawn into the
[02:50.080 --> 03:19.420]  clove.
[03:20.080 --> 03:24.080]  What's she gonna do? What's she gonna do?
[03:27.080 --> 03:30.080]  Bad boys, bad boys, what's she gonna do?
[03:30.080 --> 03:32.080]  What's she gonna do when they come for you?
[03:32.080 --> 03:35.080]  Bad boys, bad boys, what's she gonna do?
[03:35.080 --> 03:38.080]  What's she gonna do when they come for you?
[03:38.080 --> 03:41.080]  When you were eight and you had bad traits
[03:41.080 --> 03:43.080]  You go to school and learn to go and then lose
[03:43.080 --> 03:46.080]  So why are you acting like a bloody fool
[03:46.080 --> 03:49.080]  If you get high, then you must get cool
[03:49.080 --> 03:52.080]  Bad boys, bad boys, what's she gonna do?
[03:52.080 --> 03:54.080]  What's she gonna do when they come for you?
[03:54.080 --> 03:57.080]  Bad boys, bad boys, what's she gonna do?
[03:57.080 --> 04:00.080]  What's she gonna do when they come for you?
[04:00.080 --> 04:03.080]  You're choking on that one, you're choking on this one
[04:03.080 --> 04:06.080]  You're choking on your mother, you're choking on your father
[04:06.080 --> 04:07.080]  You're choking on your mother
[04:07.080 --> 04:10.080]  Okay, howdy, howdy, Randy Kelton, Brett Fountain,
[04:10.080 --> 04:16.080]  rootable radio on this Friday, the 10th day of September
[04:16.080 --> 04:19.080]  And tomorrow is 9-11
[04:19.080 --> 04:21.080]  Ooh, okay
[04:21.080 --> 04:26.080]  The 10th day of September, 2021
[04:26.080 --> 04:29.080]  And we're gonna start out with something today
[04:29.080 --> 04:32.080]  I'm not sure what it is
[04:32.080 --> 04:36.080]  I asked Brett, he just didn't help me out here
[04:36.080 --> 04:41.080]  So I am working on the mask site
[04:41.080 --> 04:47.080]  And if anybody hasn't been to it, it's a telegram channel
[04:47.080 --> 04:52.080]  MasksLawSociety
[04:52.080 --> 04:57.080]  Masks, yeah, I did a little list there
[04:57.080 --> 05:02.080]  So what happens when you don't glue your top teeth in, they fall out and you talk funny
[05:02.080 --> 05:06.080]  No, it sucks
[05:06.080 --> 05:14.080]  Anyway, we've got almost nearly 500 people, Brett
[05:14.080 --> 05:17.080]  Yeah, but you're up to a thousand
[05:17.080 --> 05:27.080]  Oh, no, that's on the Law Society, Randy Kelton Group channel
[05:27.080 --> 05:29.080]  That's the first one I built
[05:29.080 --> 05:32.080]  The first one is almost up to 500
[05:32.080 --> 05:40.080]  And these are mostly people who are researching the mask and vaccine issues
[05:40.080 --> 05:47.080]  And gonna start using the technology that I've developed for LegalEarth
[05:47.080 --> 05:49.080]  I want to use that
[05:49.080 --> 05:55.080]  We're collecting all the stuff that's happened to people
[05:55.080 --> 06:08.080]  All of the information, we're gathering case law and these studies, these peer-reviewed studies
[06:08.080 --> 06:12.080]  And the losses that's been filed
[06:12.080 --> 06:17.080]  And we want to build a repository of information
[06:17.080 --> 06:28.080]  And we'll sort this information by where it's useful and build it into legal arguments and then create questions that point at these legal arguments
[06:28.080 --> 06:32.080]  And we put them all into a questionnaire
[06:32.080 --> 06:39.080]  And depending on how you answer the questions, the system will start producing documents to address those issues
[06:39.080 --> 06:43.080]  So people that come on and they're desperate, they don't know what to do
[06:43.080 --> 06:50.080]  They can go here, answer the questions, spit them out, document, sign them, send them
[06:50.080 --> 06:52.080]  At least that's the idea
[06:52.080 --> 06:55.080]  And I'm gonna turn on the phone lines on
[06:55.080 --> 07:00.080]  A call in number 512-646-1984
[07:00.080 --> 07:05.080]  If you have a question or comment, give us a call, we'll be taking your calls all night
[07:05.080 --> 07:10.080]  But until then, back to this issue
[07:10.080 --> 07:15.080]  We've got the B-Craft lawsuit, that's a really large lawsuit
[07:15.080 --> 07:22.080]  We've got several cases where our side has been winning
[07:22.080 --> 07:28.080]  In Kentucky, there was a really interesting case, I found it especially interesting
[07:28.080 --> 07:33.080]  On the governor's executive orders
[07:33.080 --> 07:39.080]  And the Kentucky Supreme Court ruled that they were unconstitutional
[07:39.080 --> 07:50.080]  But the cool part about it was, is right at the beginning, they made a reference to the Magna Carta
[07:50.080 --> 07:59.080]  Now that was interesting, I've never seen the Magna Carta actually cited in law before
[07:59.080 --> 08:04.080]  Except in my complaint against the governor
[08:04.080 --> 08:10.080]  And they cited it exactly like I did in my complaint to the governor
[08:10.080 --> 08:16.080]  Now that was cool, they just got a second ruling and they did the same thing
[08:16.080 --> 08:25.080]  There were several quotations in there from the court that it looked like they had read my complaint
[08:25.080 --> 08:30.080]  And it looked like they used it as a guide
[08:30.080 --> 08:37.080]  And I don't know if that's the case, but I'd like to think it was
[08:37.080 --> 08:45.080]  Okay, phone line's filling up really quick, I guess that means people don't want me yakking all day
[08:45.080 --> 08:53.080]  So we're going to start with EJ and Texas, you've got EJ and Danny called back in, we didn't get to them yesterday
[08:53.080 --> 08:55.080]  So we're going to take them first
[08:55.080 --> 08:58.080]  Hello EJ
[08:58.080 --> 09:00.080]  Hello
[09:00.080 --> 09:06.080]  What do you have for us today?
[09:06.080 --> 09:11.080]  We are not hearing you if you're talking
[09:11.080 --> 09:15.080]  Hello Miss EJ
[09:15.080 --> 09:17.080]  Yes, hi, can you hear me okay?
[09:17.080 --> 09:22.080]  Hey, barely
[09:22.080 --> 09:27.080]  Your volume is really low, but we can hear you
[09:27.080 --> 09:33.080]  I was doing speakerphone, sorry
[09:33.080 --> 09:44.080]  So I received a Scheister letter responding back from my public record request
[09:44.080 --> 09:53.080]  Attention to the police chief, I put public servant in parentheses
[09:53.080 --> 10:00.080]  Just on the envelope, not in the letter, you know, not to irritate them too much, but
[10:00.080 --> 10:08.080]  He was a public servant, but I received the letter saying that they are city attorneys
[10:08.080 --> 10:14.080]  So, I mean, does the city
[10:14.080 --> 10:18.080]  Brett, what do you tell the city attorney?
[10:18.080 --> 10:21.080]  Go take a hike
[10:21.080 --> 10:29.080]  Yeah, EJ, we were talking about that earlier, that my take on that was
[10:29.080 --> 10:37.080]  Fire a note right back to him with a firm, just a clear message that you think his little stupid letter is irritating
[10:37.080 --> 10:41.080]  Go ahead, just take pot shots at his ego
[10:41.080 --> 10:46.080]  You think his letter is stupid and irritating, you don't know who he is
[10:46.080 --> 10:56.080]  He needs to butt out, leave you alone, stop bothering you, you're saying these specific words to set him up for criminal charge of harassment
[10:56.080 --> 10:59.080]  But he doesn't notice that yet
[10:59.080 --> 11:06.080]  If he knows what's good for him, he won't bother your public servants anymore while they're responding to your request
[11:06.080 --> 11:18.080]  And tell him that the time frame, just FYI, that time frame doesn't get extended just because some random bar card goes flapping his gums
[11:18.080 --> 11:28.080]  And just, you know, give him a good reason to answer you back and try to justify himself and tell you how important he is
[11:28.080 --> 11:33.080]  So what's going to happen when he answers you back?
[11:33.080 --> 11:38.080]  Well, the first one got him a criminal charge of baritry, which is a felony
[11:38.080 --> 11:48.080]  And the next charge is going to be something along the lines of harassment, which is not as severe, but then that gives him two criminal charges
[11:48.080 --> 11:57.080]  Let me qualify something, Brett just used the past tense and used that for good reason
[11:57.080 --> 12:02.080]  Because he's already done exactly what he's telling you to do
[12:02.080 --> 12:03.080]  Okay
[12:03.080 --> 12:09.080]  And if you can hear in my voice that it's a little bit fun, that's because it is
[12:09.080 --> 12:18.080]  It doesn't feel like fun upfront when you're just under everything, you just feel so oppressive, I get that, I totally understand
[12:18.080 --> 12:34.080]  And when you get to be the one pushing their rules back on them and you get to be the one that's standing up for your freedom and you know what's right and you're telling them where they can stick it
[12:34.080 --> 12:38.080]  Somehow it just is satisfying
[12:38.080 --> 12:51.080]  Yeah, I just wanted to make sure, I'm reading the code in the letter and reading all the codes and they have ten days to respond
[12:51.080 --> 12:57.080]  No, no, no, no, no, no, no, they love for you to think that
[12:57.080 --> 13:13.080]  That's when they officially become a criminal according to the code, but you have to look also it says promptly and it defines promptly to say no unnecessary delay
[13:13.080 --> 13:23.080]  So what you do when you're sending this request, you put a little thing in there, well that's what I've been doing lately, I'll put a little tiny one-liner at the bottom that says
[13:23.080 --> 13:36.080]  By the way, I believe this is something that would be reasonably within your reach and readily accessible to you, so I expect it would probably cost you 10 to 15 minutes to accomplish this for me
[13:36.080 --> 13:41.080]  Therefore, I expect a response within 24 hours
[13:41.080 --> 13:53.080]  And that's reasonable, right? That's plenty reasonable. If it's something that can be done in 10 or 15 minutes, I might be wrong, but I'm just putting it out there to set the expectation
[13:53.080 --> 14:12.080]  Then when they pass the 10 or 15 minutes, they broke the rule about promptly, and when they passed the 24 hours or 36 or whatever I give them, then they passed my line of what I set as reasonable, they didn't answer back about that so, you know, I'm upset with them now
[14:12.080 --> 14:21.080]  I've got reason to be upset with them. Then they passed the 10 days, well everybody's a criminal if they don't answer in 10 days, the law says that's their max
[14:21.080 --> 14:29.080]  So, you know, you can hold them to it
[14:29.080 --> 14:46.080]  Have you ever looked at the training? There are training materials that the Attorney General put out training that teach these governmental bodies what they need to do to properly handle records request
[14:46.080 --> 14:58.080]  You can go watch that training yourself and you'll see they put it in no uncertain terms. This does not mean you have 10 days to wait until you need to answer
[14:58.080 --> 15:09.080]  This is a common misconception and they'll say it straight up like that so you can watch that training and it kind of turns the light on for you
[15:09.080 --> 15:27.080]  Okay, great. So, email her, the chased her back, and second, I need to do a second letter to Chief of Police saying that your 10 days has passed, has expired
[15:27.080 --> 15:34.080]  No, no, no, no, no, no, no, no, you don't notice the Chief of Police that the 10 days has expired
[15:34.080 --> 15:39.080]  He's a criminal now, you don't go tell the criminal you're a criminal
[15:39.080 --> 15:43.080]  No, you go straight above his head, you tattle on him
[15:43.080 --> 15:50.080]  You file criminal charges against him with a local magistrate or with a mayor, mayor's a magistrate
[15:50.080 --> 15:56.080]  Okay, I'll file criminal charges with the mayor, she's a new mayor this year
[15:56.080 --> 16:07.080]  Oh good, when the mayor gets the criminal complaint against the Chief, the Chief's going to have some answers that he's going to have to come up with
[16:07.080 --> 16:19.080]  Why am I getting you, why is somebody getting me trying to get you put in jail?
[16:19.080 --> 16:28.080]  But EJ, you're going to have to check and see in California, right? You'll have to check and see if the magistrates in California include mayors
[16:28.080 --> 16:30.080]  They do in Texas
[16:30.080 --> 16:31.080]  Yeah, they do in California
[16:31.080 --> 16:32.080]  I don't know about California
[16:32.080 --> 16:33.080]  Okay, good
[16:33.080 --> 16:34.080]  Yeah
[16:34.080 --> 16:40.080]  So even if the mayor doesn't think he's one, it doesn't matter, you see the criminal complaint to him anyway
[16:40.080 --> 16:42.080]  Okay
[16:42.080 --> 16:45.080]  And he's responding at superior
[16:45.080 --> 16:48.080]  That's right
[16:48.080 --> 16:55.080]  So he's going to be, he's going to be talking to the Chief
[16:55.080 --> 16:57.080]  This is how to be deposed from hell
[16:57.080 --> 17:00.080]  Hang on, Randy Shelton, Brett Fountainwood
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[18:59.080 --> 19:03.080]  You are listening to the Logos Radio Network
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[19:43.080 --> 19:46.080]  Alright, we are back. This is the Rule of Law Radio
[19:46.080 --> 19:49.080]  I'm Randy Kelton and I'm Brett Fountain
[19:49.080 --> 19:52.080]  And we're talking with EJ in California
[19:52.080 --> 19:56.080]  EJ, did you have another question?
[19:56.080 --> 19:59.080]  Did we kind of sidetracked everything there?
[19:59.080 --> 20:02.080]  Did you have something else you wanted to ask about?
[20:05.080 --> 20:08.080]  EJ, are you there?
[20:08.080 --> 20:12.080]  Oh, sorry, I put you on mute.
[20:12.080 --> 20:16.080]  Okay.
[20:16.080 --> 20:20.080]  Because I know if you put yourself on mute
[20:20.080 --> 20:23.080]  And the commercials come on and whatever you do
[20:23.080 --> 20:25.080]  Everyone can hear.
[20:25.080 --> 20:28.080]  So I put everything in mute.
[20:28.080 --> 20:32.080]  I have another question where I posted this on telegram
[20:32.080 --> 20:38.080]  And then a similar situation with someone
[20:38.080 --> 20:40.080]  She emailed them this.
[20:40.080 --> 20:45.080]  Can I quickly save this over to see if this is okay also?
[20:45.080 --> 20:47.080]  It's going to be a long thing.
[20:47.080 --> 20:49.080]  Notice to agent is notice to principal.
[20:49.080 --> 20:51.080]  Notice to principal is notice to agent.
[20:51.080 --> 20:56.080]  Cease and desist all contacts with this email
[20:56.080 --> 20:58.080]  For any of my contacts for any reason
[20:58.080 --> 21:01.080]  I do not consent, no contract, return to sender.
[21:01.080 --> 21:06.080]  All assumptions, whether concealed, revealed, and or implied
[21:06.080 --> 21:11.080]  And premises to conclusions as in syllogism
[21:11.080 --> 21:13.080]  Are hereby rebutted and rejected.
[21:13.080 --> 21:18.080]  That's it.
[21:18.080 --> 21:21.080]  All right.
[21:21.080 --> 21:26.080]  So where are you considering using that?
[21:26.080 --> 21:28.080]  Use it with whom?
[21:28.080 --> 21:30.080]  For what purpose?
[21:30.080 --> 21:32.080]  The Scheister.
[21:32.080 --> 21:35.080]  So I was going to fire the note back.
[21:35.080 --> 21:39.080]  This letter is, this email is irritating me.
[21:39.080 --> 21:41.080]  I don't know who you are.
[21:41.080 --> 21:43.080]  Please butt out and leave me alone.
[21:43.080 --> 21:46.080]  And then put notice to agent is notice to principal.
[21:46.080 --> 21:48.080]  All this stuff.
[21:48.080 --> 21:50.080]  I was going to complain about this.
[21:50.080 --> 21:54.080]  I would think you don't need those two together kind of approaches.
[21:54.080 --> 21:58.080]  You could use either one, the one that you're reading right now.
[21:58.080 --> 22:03.080]  It sounds a lot more official and it sounds,
[22:03.080 --> 22:08.080]  It has a flavor of patriot mythology in there.
[22:08.080 --> 22:14.080]  And none of the stuff that you said stood out to me as literally being a problem.
[22:14.080 --> 22:19.080]  However, those are phrases that are commonly used when
[22:19.080 --> 22:23.080]  somebody doesn't really understand a lot of what to do.
[22:23.080 --> 22:25.080]  They don't know where the jurisdiction is.
[22:25.080 --> 22:29.080]  They don't know who, who's, who does what.
[22:29.080 --> 22:34.080]  And it's kind of like a, just a general, there's nothing wrong with any of it.
[22:34.080 --> 22:35.080]  Okay.
[22:35.080 --> 22:42.080]  But it, I would say either do that or send this letter back to kind of slap at him
[22:42.080 --> 22:43.080]  and play with him.
[22:43.080 --> 22:51.080]  If you send an email back that says phrases like, I don't know who you are,
[22:51.080 --> 22:59.080]  but out those kinds of phrases are, they're not official sounding at all.
[22:59.080 --> 23:00.080]  See what I mean?
[23:00.080 --> 23:06.080]  They don't sound, they're not using, it doesn't have any legalese in it.
[23:06.080 --> 23:10.080]  It doesn't have any fancy sounding words.
[23:10.080 --> 23:22.080]  And it sounds a lot more annoying and disrespectful and that's the best part.
[23:22.080 --> 23:23.080]  Oh my goodness.
[23:23.080 --> 23:24.080]  Okay.
[23:24.080 --> 23:25.080]  I got it.
[23:25.080 --> 23:26.080]  I don't need to go further with this.
[23:26.080 --> 23:35.080]  Just as a last second question is I did go to the courthouse on Friday and they
[23:35.080 --> 23:41.080]  denied me saying my file, saying that, oh no, you can just go to the computer down the
[23:41.080 --> 23:42.080]  hall.
[23:42.080 --> 23:44.080]  Yeah, there's a computer down the hall.
[23:44.080 --> 23:46.080]  You can see a file down there.
[23:46.080 --> 23:49.080]  I go, I actually want to see it, you know?
[23:49.080 --> 23:51.080]  And I go, no, we don't want to see it.
[23:51.080 --> 23:52.080]  No, you can't.
[23:52.080 --> 23:54.080]  Yeah, that's what happened.
[23:54.080 --> 23:57.080]  I went on a Friday and closed as well.
[23:57.080 --> 24:03.080]  So they shut, you know, they just sent me down there and I'm like, where are the computers?
[24:03.080 --> 24:05.080]  I don't see the computer.
[24:05.080 --> 24:11.080]  I was in there for about two and a half hours just looking for a computer.
[24:11.080 --> 24:12.080]  It's terrible.
[24:12.080 --> 24:14.080]  But yeah, they denied me.
[24:14.080 --> 24:17.080]  So I'll do a second try.
[24:17.080 --> 24:22.080]  Randy, so if they deny me the second time, I'll go a lot earlier, like the whole day.
[24:22.080 --> 24:23.080]  I'll stay there.
[24:23.080 --> 24:26.080]  I want to see the record.
[24:26.080 --> 24:28.080]  Do I call 911?
[24:28.080 --> 24:34.080]  It's just, this is insane, you know?
[24:34.080 --> 24:39.080]  It's the public court files and they're not going to let me see my record.
[24:39.080 --> 24:43.080]  I just think that's really so corrupt.
[24:43.080 --> 24:52.080]  Yeah, and finally, I'll go to a second time.
[24:52.080 --> 24:56.080]  I wanted to get on the call with you before.
[24:56.080 --> 25:03.080]  So I really make sure my actions, I'll know what to do.
[25:03.080 --> 25:12.080]  And I mean, if they deny me saying that, oh, no, you need to pay 10 cents per page.
[25:12.080 --> 25:22.080]  And they gave me a piece of paper with all the statues, their codes or whatever saying that they can't give me the file unless I pay 10 cents per page.
[25:22.080 --> 25:25.080]  Yeah, that's for copies.
[25:25.080 --> 25:28.080]  At which you tell them, I didn't ask you for copies.
[25:28.080 --> 25:29.080]  I don't want copies.
[25:29.080 --> 25:30.080]  I want to inspect the record.
[25:30.080 --> 25:34.080]  I won't accept copies.
[25:34.080 --> 25:51.080]  And you want the record in the form in which it's stored because if they print the record out, they redact the metadata.
[25:51.080 --> 25:55.080]  You want access to the metadata attached to the document.
[25:55.080 --> 26:03.080]  You want to know when it was created, who created it, all that information that's hidden in the background.
[26:03.080 --> 26:10.080]  Even if it's handwritten, they may even have some things that they're calling that the record in its paper.
[26:10.080 --> 26:22.080]  Sometimes it's a piece of paper handwritten and it's inside of some like the Manila folder kind of a flap thing, jacket.
[26:22.080 --> 26:24.080]  And that's the record.
[26:24.080 --> 26:27.080]  Okay, so I want to see it exactly as it is.
[26:27.080 --> 26:32.080]  There might be a little pencil scribbling on the back or something and I want to look at it.
[26:32.080 --> 26:38.080]  Okay, if you will go to jurismprudence.website.
[26:38.080 --> 26:39.080]  Okay.
[26:39.080 --> 26:46.080]  And top frog on the right goes to documents and research and then there's a blanks folder.
[26:46.080 --> 26:51.080]  In that blanks folder are some blank info requests.
[26:51.080 --> 26:55.080]  Those have been developed over the last 30 years.
[26:55.080 --> 27:02.080]  They very specifically note that this is not a request for copies.
[27:02.080 --> 27:07.080]  You demand access to the original record.
[27:07.080 --> 27:08.080]  Okay.
[27:08.080 --> 27:13.080]  So I'm from doing this X amount for copies and I get them doing that anyway.
[27:13.080 --> 27:22.080]  I've got Randall, I mean, Johnson County, I'm going to file criminal charges against the clerk down there for trying to charge me for copies.
[27:22.080 --> 27:33.080]  Now, I could tell him that if you read the whole information request, you will find that I absolutely forbid copies.
[27:33.080 --> 27:43.080]  But if I told him that he might fix the error, I'll file criminal charges against him instead.
[27:43.080 --> 27:46.080]  That gets their attention more.
[27:46.080 --> 27:48.080]  Okay.
[27:48.080 --> 27:54.080]  Are you having fun, Randy?
[27:54.080 --> 28:07.080]  I have the name of the supervisor that I talked to that day, I recorded the whole conversation and, you know, I'll speak that from my reference, but do I file charges against these two people?
[28:07.080 --> 28:12.080]  It's the regular clerk and she'd write to me.
[28:12.080 --> 28:33.080]  You just told me that anyway, and the supervisor, or do I file criminal charges? After this letter that I'm going to send them, I'm going to download the letter from jurisprudence, give them a second chance, and if they don't allow me to inspect my own record, and then...
[28:33.080 --> 28:34.080]  Wait a minute.
[28:34.080 --> 28:37.080]  Why would you give them a second chance?
[28:37.080 --> 28:38.080]  Oh, okay.
[28:38.080 --> 28:40.080]  Sounds good.
[28:40.080 --> 28:50.080]  If a policeman saw you run a red light, he's not going to say, okay, okay, okay, you need to back up and try that again.
[28:50.080 --> 28:53.080]  He's not going to give you a second chance.
[28:53.080 --> 29:01.080]  And the whole idea is to get them to screw up so you can file against them.
[29:01.080 --> 29:19.080]  Remember, we have this rule, never ask the public official to do anything you actually want them to do, so that when they don't do it, you can hammer them, so you're missing the best part.
[29:19.080 --> 29:27.080]  If I make these criminal complaints against these two, who do I file it to?
[29:27.080 --> 29:28.080]  The mayor.
[29:28.080 --> 29:33.080]  If it's a municipality, you just file it with the mayor.
[29:33.080 --> 29:41.080]  And then when the mayor doesn't hold an examining trial, then you file against the mayor.
[29:41.080 --> 29:47.080]  And give notice to the newspaper that you're filing criminal charges against the mayor.
[29:47.080 --> 29:52.080]  Oh, that's going to make him really unhappy.
[29:52.080 --> 29:56.080]  And when the mayor's unhappy, everybody's unhappy.
[29:56.080 --> 29:57.080]  Really?
[29:57.080 --> 30:02.080]  That's cool. Good to know.
[30:02.080 --> 30:07.080]  It's clear cell phones have changed the way we live and work, but have they negatively affected our health?
[30:07.080 --> 30:15.080]  I'm Dr. Catherine Albrecht, and I'll be back in just a moment with new findings about how cell phones may actually alter our brain chemistry.
[30:15.080 --> 30:17.080]  Privacy is under attack.
[30:17.080 --> 30:20.080]  When you give up data about yourself, you'll never get it back again.
[30:20.080 --> 30:25.080]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.080 --> 30:27.080]  So protect your rights.
[30:27.080 --> 30:31.080]  Say no to surveillance and keep your information to yourself.
[30:31.080 --> 30:33.080]  Privacy, it's worth hanging on to.
[30:33.080 --> 30:41.080]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[30:41.080 --> 30:44.080]  Start over with StartPage.
[30:44.080 --> 30:47.080]  Cell phones emit radio frequency energy.
[30:47.080 --> 30:48.080]  It's a fact.
[30:48.080 --> 30:53.080]  But whether it's dangerous to have a phone beaming this kind of radiation near your head has been disputed.
[30:53.080 --> 30:57.080]  Some have blamed it for brain tumors, while cell phone companies have downplayed concerns.
[30:57.080 --> 31:03.080]  Well, now the Journal of the American Medical Association is confirming that cell phones affect brain chemistry.
[31:03.080 --> 31:12.080]  A study of 47 volunteers showed that glucose metabolism in the area of the brain closest to the cell phone antenna increases when the cell phone is on.
[31:12.080 --> 31:17.080]  While researchers aren't sure whether this exposure causes damage, I'm not taking any chances.
[31:17.080 --> 31:21.080]  I always keep the phone far from my body, and I use a corded headset.
[31:21.080 --> 31:25.080]  Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[31:51.080 --> 32:06.080]  Logos Radio Network welcomes a new show to our lineup for the new year.
[32:06.080 --> 32:12.080]  Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. Central Time.
[32:12.080 --> 32:15.080]  Our goal is in accord with Matthew 516.
[32:15.080 --> 32:21.080]  Let your light so shine before men that they may see your good works and glorify your Father which is in heaven.
[32:21.080 --> 32:26.080]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:26.080 --> 32:35.080]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed to provoke unto love and good works.
[32:35.080 --> 32:41.080]  Our verse by verse Bible studies will begin in the book of Matthew where we will discuss one chapter per week.
[32:41.080 --> 32:48.080]  Our topical Bible studies will vary each week and will explore sound doctrine as well as Christian character development.
[32:48.080 --> 33:01.080]  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.
[33:01.080 --> 33:11.080]  You're listening to the Logos Radio Network at LogosRadioNetwork.com
[33:11.080 --> 33:32.080]  Yeah, I got a warrant and I'm gonna solve them to the head of government them, prosecute them. Okay.
[33:32.080 --> 33:52.080]  Okay, we are back. Randy Kelton, Brett Fountain, Real Law Radio, and we're talking to EJ in California.
[33:52.080 --> 34:02.080]  And EJ, did you have another question or issue? No, that's it. Thank you so much.
[34:02.080 --> 34:17.080]  Okay. Thank you, EJ. Now we're going to go to Danny in Tennessee. Let's see if we have put Danny to sleep. Hello, Danny.
[34:17.080 --> 34:26.080]  Okay, okay. I have that my sultry voice has that effect on people.
[34:26.080 --> 34:43.080]  Well, I think I told you before that put a federal lawsuit in against the city police, the sheriff, and the Department of Public Safety.
[34:43.080 --> 35:03.080]  Yes, that. Okay. And so, went on for a while and I thought, well, there's others that's kind of contributing to this by, well, a deception of sorts is the way I would be putting it.
[35:03.080 --> 35:24.080]  And I expanded it to include a assistant district attorney who was in the earlier preliminary hearing where they pulled on kind of stuff because they didn't have a sworn complaint for like five months.
[35:24.080 --> 35:45.080]  Now, they put the paper in, didn't get it sworn, and that was like, they didn't discover it until that day or something. And so, the day of the preliminary hearing, which was June or July, while the original arrest was early January.
[35:45.080 --> 36:00.080]  And so, he gave me an explanation that they had made a new one. It might have heard that they had had some problems, so they had made up this new one and he does that.
[36:00.080 --> 36:15.080]  And then, as they call the case, it gives me this other paper, supposed it order, that the judge is supposed to sign, provide, you know, allowing that, except what I had wasn't signed.
[36:15.080 --> 36:33.080]  It was on into the month. They said it was like the first or second day of the month, early on, and, you know, went on and then he did bring it up and he, you know, no, I was just, this had just out happened to me, so I wasn't thinking to bring it up at that time.
[36:33.080 --> 37:01.080]  And so, you know, for those things, I added him in and then the, you know, the main district attorney charged him for all creating the language and indictment from that and the statute he was citing to make it fit the facts of the case in this case because, you know, part of what I talked with you before about the limitations of the cities
[37:01.080 --> 37:20.080]  to do things like they got their city police, they can enforce the city ordinances, but in general, they don't get to enforce state law except at least for the traffic provisions, except for some special cases like if they, an accident on the streets, they can
[37:20.080 --> 37:42.080]  they'll find somebody who, you know, hit and run, or if they say that they're intoxicated, well, they can arrest them for that then based on the state charge and, you know, but not for the most part, they're really not authorized to be doing those things, but they do it all the time anyway.
[37:42.080 --> 38:08.080]  And so, you know, the district attorney on that, oh yeah, and since they were using the city judge as the magistrate for the state law violations and there's other things that, you know, didn't fit the state law violation, that was why the district attorney had to make those alterations in the indictment anyway,
[38:08.080 --> 38:19.080]  that, you know, at least some of those should have been going to the city court and not being transferred to the state court.
[38:19.080 --> 38:40.080]  And so he wasn't really fulfilling his proper role and I'm claiming that he was going in the guise of magistrate when he really should have been, you know, in the position of city judge and so he was out of his office.
[38:40.080 --> 38:53.080]  Okay, you're saying that in Tennessee a municipal judge can't act as a magistrate on a state allegation?
[38:53.080 --> 39:04.080]  No, no, he can, but some of these things should not have been a state allegation and they dumped them all together as violations.
[39:04.080 --> 39:11.080]  Do them all together instead of splitting them up the way they should have.
[39:11.080 --> 39:13.080]  And there was no jointer in the record?
[39:13.080 --> 39:17.080]  No, not everything described as a yes.
[39:17.080 --> 39:37.080]  If their law is similar to everyone else's, like if you've got state claims and federal claims and you file in the federal court, you can join the state claims and the Fed can hear both the state and the federal,
[39:37.080 --> 39:57.080]  and the state claims. So it would seem consistent if you have city ordinance issues and state issues, you could file it in the state court and the state could hear both the state and the municipal issues.
[39:57.080 --> 40:02.080]  That would be consistent with how the federal works.
[40:02.080 --> 40:06.080]  Well, you're saying it's not that way in Tennessee?
[40:06.080 --> 40:22.080]  Oh, well, that I'm not completely sure about, but would the city issues be tried in the state court as city issues or as state law violations?
[40:22.080 --> 40:25.080]  Okay, I didn't understand that.
[40:25.080 --> 40:48.080]  Well, if they do that and you got something that's in city court, that should have been in city court, and it's moved to the state court, should the state court try those particular issues as city court things rather than state law?
[40:48.080 --> 40:52.080]  Do they have legal standing to do that?
[40:52.080 --> 40:59.080]  This gets into this issue of the difference between ordinances and laws.
[40:59.080 --> 41:28.080]  The ordinances are essentially corporate canons, corporate rules, and they should only be enforceable against someone in contractual privity with the municipality wherein they have agreed to abide by these corporate rules or an employee of the corporation where the employee has agreed to abide by these rules.
[41:28.080 --> 41:47.080]  If they apply them to the general public, that makes it a law, and municipalities and corporation courts or commissioners courts can't write law, and the legislature cannot delegate that power to them either.
[41:47.080 --> 42:14.080]  You know, Randy, it occurs to me that that Highland Park issue, it stood out to me that after you had raised the issue of the officer not having alleged anything that would bring you into the regulatory scheme of the transportation code,
[42:14.080 --> 42:24.080]  he was up there on the stand talking about their city ordinance about speed or whatever was the thing, school zone.
[42:24.080 --> 42:37.080]  I forgot what it was, the accusation, but he harped on, he said ordinance a few times, and that it clicks with me that this could be the same thing as going on there.
[42:37.080 --> 42:55.080]  I asked him specifically if he had charged me with a violation of a state law or an ordinance, and this is where I had challenged his authority to enforce transportation code, so he said ordinance.
[42:55.080 --> 43:14.080]  And I said, well, I don't see that on my citation anywhere. You want to tell me what ordinance that is? And then we had a back and forth about that, but that wasn't my real argument, so I didn't go too deep into that one.
[43:14.080 --> 43:33.080]  But that's a problem they have, and this sounds similar, Danny, to your issue, where you have a municipality here trying to enforce a corporate rule against a citizen.
[43:33.080 --> 43:39.080]  Are you in contractual privity with the municipality?
[43:39.080 --> 43:50.080]  Well, I may be from city registration, but that wasn't as far as I could.
[43:50.080 --> 43:52.080]  What does that mean?
[43:52.080 --> 44:10.080]  Uh, resident harm registration in the city or behavioral registration.
[44:22.080 --> 44:25.080]  Young Jevity can provide the nutrients you need.
[44:25.080 --> 44:31.080]  Logos Radio Network gets many requests to endorse all sorts of products, most of which we reject.
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[45:01.080 --> 45:04.080]  Are you the plaintiff or defendant in a lawsuit?
[45:04.080 --> 45:19.080]  Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course that will show you how in 24 hours, step-by-step. If you have a lawyer, know what your lawyer should be doing.
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[46:23.080 --> 46:30.080]  Always, I must be careful what I'm wishing for.
[46:30.080 --> 46:35.080]  When I'm hungry, I like to know just what I'm wishing for.
[46:35.080 --> 46:41.080]  I ain't asking for much, I ain't trying to be no-blood.
[46:41.080 --> 46:47.080]  I'm just here making my living, pushing buttons.
[46:47.080 --> 46:52.080]  I give my message out to anyone in child and distance.
[46:52.080 --> 46:58.080]  I hope for bravery and against slavery, showing resistance.
[46:58.080 --> 47:03.080]  First I'm crawling, then I'm walking, then I start strutting.
[47:03.080 --> 47:11.080]  Okay, we are back. Randy Kelton, excuse me, Brett Felton, and we're talking to Danny in Tennessee.
[47:11.080 --> 47:22.080]  And over the break, we were discussing the issue of city registration. What is that, Danny?
[47:22.080 --> 47:29.080]  Well, it just goes along with the state vehicle registration that has been located within the city.
[47:29.080 --> 47:34.080]  They have a thing for registration of vehicles.
[47:34.080 --> 47:44.080]  So, when you register a vehicle, is that a state registration or is there a separate municipal registration?
[47:44.080 --> 47:48.080]  A separate municipal registration.
[47:48.080 --> 47:54.080]  And how do they do that? What do they... Okay, that's a tax.
[47:54.080 --> 47:56.080]  Uh-huh.
[47:56.080 --> 48:01.080]  So, what's the tax pay for?
[48:01.080 --> 48:03.080]  Well...
[48:03.080 --> 48:07.080]  Oh, wait a minute. Hold on. I used to live in Chicago.
[48:07.080 --> 48:12.080]  And we used to have to get a city sticker.
[48:12.080 --> 48:13.080]  Yeah.
[48:13.080 --> 48:18.080]  Yeah, they didn't call it registration, but a sticker.
[48:18.080 --> 48:22.080]  And that wasn't extra tax.
[48:22.080 --> 48:28.080]  So, what does that bind you to?
[48:28.080 --> 48:36.080]  Well, the city ordinances governing vehicles, I would think.
[48:36.080 --> 48:43.080]  You really need to read that application.
[48:43.080 --> 48:44.080]  Well...
[48:44.080 --> 48:52.080]  See what... See the contract. See what the contract says.
[48:52.080 --> 48:58.080]  Yeah, I'll see about getting one, but...
[48:58.080 --> 49:05.080]  But you go to the county clerk or the state registration where you can do that.
[49:05.080 --> 49:07.080]  There, do both of them together.
[49:07.080 --> 49:13.080]  You know, depending on your address, the address is within the city.
[49:13.080 --> 49:15.080]  And that's the way it's usually done.
[49:15.080 --> 49:24.080]  So, you can do it differently. They have clerks over in the city halls that can do that as well.
[49:24.080 --> 49:28.080]  Well, I would definitely want to see the application.
[49:28.080 --> 49:31.080]  See the contract. You're actually signing.
[49:31.080 --> 49:37.080]  Yeah, that would be good.
[49:37.080 --> 49:43.080]  Anyway, so, what's the disposition of your case at this point?
[49:43.080 --> 49:53.080]  Oh, well, in a matters to judge look it over, I guess I got things together to a point.
[49:53.080 --> 49:57.080]  Asking them to give leave for it to be served.
[49:57.080 --> 50:03.080]  That's one of the requirements with a costate like this.
[50:03.080 --> 50:14.080]  And I had amended the complaint to add in a bunch of others that I felt contributing different things to bring a problem about.
[50:14.080 --> 50:18.080]  And that might be part of my problem.
[50:18.080 --> 50:27.080]  But he brought up several things and his recommendations would be dismissed without prejudice,
[50:27.080 --> 50:34.080]  and I would also get to respond to this. It's like two weeks, so I got a week left to get this together.
[50:34.080 --> 50:43.080]  Okay, hold on. So, you filed an initial, original petition, and you filed an amended.
[50:43.080 --> 50:45.080]  Yeah.
[50:45.080 --> 51:00.080]  At this point, if you pay real close attention to what the judge ruled, then you might want to petition for permission to file an amended petition.
[51:00.080 --> 51:16.080]  I'd like to do that by stating that the court's criticisms are well taken. And you rewrite your petition to address the court's issues.
[51:16.080 --> 51:23.080]  Instead of some kind of motion or objection, you file a correction. Okay, go ahead.
[51:23.080 --> 51:33.080]  Well, yeah, that's part of what I was planning on doing. I think about, you know, do that and try to go ahead and have it written up for the most part,
[51:33.080 --> 51:38.080]  like an attachment to go with my response.
[51:38.080 --> 51:52.080]  Okay, yeah, that's the way you always do it. If you want to file an amended, you file a motion for requesting authorization to file an amended pleading.
[51:52.080 --> 51:57.080]  And you include the amended pleading with that filing.
[51:57.080 --> 51:58.080]  Yeah.
[51:58.080 --> 52:07.080]  So the judge gets to look at what you're going to file, and then he will grant it or deny it.
[52:07.080 --> 52:13.080]  Let's hear me how that's done.
[52:13.080 --> 52:19.080]  Right, well, that's basically what I was planning to do.
[52:19.080 --> 52:29.080]  Okay, but you know, all kinds of little twists and turns and things. You start looking at the authority for cities and what they can do.
[52:29.080 --> 52:33.080]  Have you heard of Dylan's rule?
[52:33.080 --> 52:36.080]  Say that again.
[52:36.080 --> 52:40.080]  I said, have you heard of Dylan's rule?
[52:40.080 --> 52:42.080]  Dylan's rule. No.
[52:42.080 --> 52:58.080]  Yes. Okay, that's the basic ruling that came out like in the 1850s or 40s from Iowa to Supreme Court judge talking about, you know, the powers of cities and things.
[52:58.080 --> 53:07.080]  But, you know, at that time, the only way cities came about was from an act from the legislature to give them a charter.
[53:07.080 --> 53:26.080]  And part of what he was saying in there was that, you know, basically like the cities are pretty much like another department of the state with, you know, just local authority for certain things that the state allows them to do.
[53:26.080 --> 53:41.080]  And part of what he was saying was, you know, they could just up and take the charter back and take all the property that the municipality had or the public property that the municipality had and, you know, all kinds of things.
[53:41.080 --> 54:01.080]  That's just, you know, whatever they decided at that time. And there's been some changes in, you know, in the Tennessee Constitution in early 50s, they put an amendment in the Constitution that the legislature couldn't do that kind of thing.
[54:01.080 --> 54:23.080]  And they started having home, what they call home rule cities, where there's some general laws that the legislature has passed whereby some group can get together and incorporate as a city and basically just do it on the vote of the people in the territory that be affected, I think, is out of the mouse.
[54:23.080 --> 54:37.080]  Well, they do that, and then they can petition the legislature to provide a charter, I think, but it works a little differently and the legislature can't just take the charter back the way Dylan was describing it.
[54:37.080 --> 54:56.080]  But that's the basic thing for seeing how, you know, state's supposed to look at municipalities. And it's still basically that way, but, you know, a few modifications so it can't, you know, be abusive about it.
[54:56.080 --> 55:13.080]  And, you know, I've got your own separate thing, and that's part of what I was seeing in the charter and the municipal ordinances here is that the charter has said that, you know, they could do various things.
[55:13.080 --> 55:29.080]  The mayor has certain powers and that the council could, you know, pass ordinances and they could do ordinances for establishing a fire department, and they did do that.
[55:29.080 --> 55:47.080]  And ordinances for different kinds of things, you know, they could do an ordinance to establish the city court and they did do that. And they were allowed to make an ordinance to establish the city court clerk's office and they did do that and a number of other things.
[55:47.080 --> 55:59.080]  But one thing I mentioned to you before is that they did not give, you know, that to establish a police department and they haven't done that.
[55:59.080 --> 56:15.080]  But in both the charter and the municipal ordinances, there are a lot of things that just kind of assumes that there is a police department like establishing a retirement fund for the police and fire departments.
[56:15.080 --> 56:20.080]  Even though they've never established a police department.
[56:20.080 --> 56:24.080]  Is that an issue you're arguing in your suit?
[56:24.080 --> 56:35.080]  No, but I've been wondering about throwing it in. I just don't know about getting it more and more complicated.
[56:35.080 --> 56:39.080]  Well, sometimes complicated is good.
[56:39.080 --> 56:46.080]  Yeah. Give them a better reason to come to the table.
[56:46.080 --> 56:58.080]  If you could render all of these police departments void, that's really going to give them a headache.
[56:58.080 --> 57:10.080]  If you've got good law to support it, you know, they might not want this to get to the higher courts.
[57:10.080 --> 57:14.080]  It's all about the money at the end of the day.
[57:14.080 --> 57:28.080]  Oh, yeah. Well, you're talking about that. I was thinking that if a were to get passed this recommendation for dismissal on how major amounts of attorneys come in on top of me, called other things that I've done.
[57:28.080 --> 57:33.080]  Let's see. I mentioned the DA.
[57:33.080 --> 57:50.080]  Well, also, I got to thinking, well, it's sort of like this registration scheme. It's sort of a deception because most people don't realize what vehicle actually means the way it's defined in the statute.
[57:50.080 --> 58:03.080]  It's an implement of commerce for transportation, you know, be part of the transportation industry. And, you know, most people don't realize that.
[58:03.080 --> 58:07.080]  They think vehicle means what the car dealers said when it's had to be added.
[58:07.080 --> 58:22.080]  It has always great vehicles from the common seat. But it's not that in the law. And they just avoid every which way ever addressing that.
[58:22.080 --> 58:38.080]  Okay. Hang on. We're about to go to our sponsors. This is Randy Kelton, Brett Fountain, rule of law radio. And I had to stop Danny because the last time Danny ran right off the cliff.
[58:38.080 --> 58:44.080]  Can you believe that, Brett? And me and Brett sit here and watch them run off the cliff.
[58:44.080 --> 58:48.080]  Well, both of us are looking at a clock. They're supposed to be.
[58:48.080 --> 58:50.080]  We'll be right back.
[58:50.080 --> 59:01.080]  Would you like to make more definite progress in your walk with God? Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.080 --> 59:06.080]  The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:06.080 --> 59:13.080]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.080 --> 59:27.080]  The free books are a three volume set called basic elements of the Christian life. Chapter by chapter, basic elements of the Christian life clearly presents God's plan of salvation growing in Christ and how to build up the church.
[59:27.080 --> 59:49.080]  To order your free New Testament recovery version and basic elements of the Christian life, call Bibles for America toll free at 888-551-0102 or visit us online at bfa.org.
[59:57.080 --> 01:00:05.080]  The following news flash is brought to you by The Lone Star Lowdown.
[01:00:27.080 --> 01:00:47.080]  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.
[01:00:47.080 --> 01:00:57.080]  Killing 10 and entering 40, today in history.
[01:00:57.080 --> 01:01:07.080]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing heaven attacks his law back in June, county prosecutors around the state, including Houston, Austin, and San Antonio, have been dropping marijuana possession charges.
[01:01:07.080 --> 01:01:17.080]  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.
[01:01:17.080 --> 01:01:27.080]  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.
[01:01:27.080 --> 01:01:45.080]  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 and that these actions demonstrate a misunderstanding of how HB 1325 works.
[01:01:45.080 --> 01:02:01.080]  As well as other cities, too, like the District Attorney in El Paso, 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.
[01:02:01.080 --> 01:02:13.080]  However, the issue was succinctly summarized by Mr Brandon Ball, an assistant public defender in Harris County, who stated that, quote, the law is constantly changing on what makes something illegal based on its chemical makeup.
[01:02:13.080 --> 01:02:22.080]  It's important that if someone is charged with something, the test matches what they're charged with.
[01:02:22.080 --> 01:02:27.080]  A paper by Tulane University identified a five and a half inch American pocket shark.
[01:02:27.080 --> 01:02:39.080]  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.
[01:02:39.080 --> 01:02:53.080]  According to the university paper, the shark secretes a luminous fluid from a gland near its front fins for the purposes hypothesized to lure and prey who may be drawn into the glow.
[01:02:53.080 --> 01:03:05.080]  This is Book Roadie with your lowdown for July 22, 2019.
[01:03:05.080 --> 01:03:12.080]  It's all according to the will of the Almighty.
[01:03:12.080 --> 01:03:19.080]  I read his book and it says it cares not so much the unsightly.
[01:03:19.080 --> 01:03:28.080]  These warmongers come by that term rightly.
[01:03:28.080 --> 01:03:35.080]  I will pay for the war with my life, ain't gonna pay for the car with my money.
[01:03:35.080 --> 01:03:45.080]  Okay, howdy, howdy, Randy Kelton, Brett Fountain, Rue La Radio on this, the 10th day of September, 2021.
[01:03:45.080 --> 01:03:50.080]  And Brett is impressed that I remembered all of that without him having to remind me.
[01:03:50.080 --> 01:03:53.080]  Yeah, especially the year. That's good.
[01:03:53.080 --> 01:03:55.080]  I'm getting better.
[01:03:55.080 --> 01:04:00.080]  When you've seen as many years as I have, they all begin to look alike.
[01:04:00.080 --> 01:04:01.080]  Okay, we're talking to...
[01:04:01.080 --> 01:04:05.080]  I was given the wonder when he was talking about this case back in the 1800s.
[01:04:05.080 --> 01:04:08.080]  I was wondering if you might have anything to say about that.
[01:04:08.080 --> 01:04:14.080]  Yeah, I might have been there.
[01:04:14.080 --> 01:04:20.080]  Okay, Danny, do you have anything else for us?
[01:04:20.080 --> 01:04:29.080]  Well, I'm just gonna maybe add in the others that I added to it to bring in so many attorneys
[01:04:29.080 --> 01:04:34.080]  because it would be so much money if I got everything I would want out of it.
[01:04:34.080 --> 01:04:46.080]  And that is added in the county clerk because he's the one in charge of taking in the vehicle registrations
[01:04:46.080 --> 01:04:51.080]  and everything and putting out license plates in the county.
[01:04:51.080 --> 01:04:58.080]  And he does that on authority from the commissioner of revenue who has charge of it over the state.
[01:04:58.080 --> 01:05:04.080]  So I did commissioner of revenue on the basis that they are not...
[01:05:04.080 --> 01:05:10.080]  Well, use the words from the definition of fraud and deception
[01:05:10.080 --> 01:05:15.080]  because they're not telling people that they could be making a mistake
[01:05:15.080 --> 01:05:18.080]  because they don't actually understand what this is.
[01:05:18.080 --> 01:05:27.080]  And these are information that they're not giving out that might affect their willingness to continue with the transaction.
[01:05:27.080 --> 01:05:30.080]  If they actually knew this, they might decide not to go through.
[01:05:30.080 --> 01:05:36.080]  So that will be probably several million car registrations every year.
[01:05:36.080 --> 01:05:43.080]  And then out of that would also come the driver's license fees, however often they come up.
[01:05:43.080 --> 01:05:51.080]  And so, you know, that's a good bit that they might get some pretty good attorneys in there to try to counter that.
[01:05:51.080 --> 01:05:56.080]  So I don't know if to keep that in there or not, but it's the interesting kind of...
[01:05:56.080 --> 01:06:02.080]  Yeah. The first thing you have to do is get past that 12B6 motion.
[01:06:02.080 --> 01:06:07.080]  Well, it's not actually 12B6, but it's basically the same thing.
[01:06:07.080 --> 01:06:13.080]  Okay, you're in a federal case?
[01:06:13.080 --> 01:06:15.080]  Yes.
[01:06:15.080 --> 01:06:22.080]  And you've got...it's either 12B6, 12B8, or 12B2, I think.
[01:06:22.080 --> 01:06:28.080]  But it's a real 12 motion to dismiss your failure state of claim.
[01:06:28.080 --> 01:06:32.080]  All you need is one claim.
[01:06:32.080 --> 01:06:34.080]  Right.
[01:06:34.080 --> 01:06:41.080]  And that can stand, and that'll get you past the B6.
[01:06:41.080 --> 01:06:46.080]  So do you have one that's absolute?
[01:06:46.080 --> 01:06:55.080]  Well, this is a special one for ProSe because they review it before they put it out,
[01:06:55.080 --> 01:06:57.080]  which I can kind of understand.
[01:06:57.080 --> 01:07:01.080]  And it's not real heavy, but it's got enough stuff in there.
[01:07:01.080 --> 01:07:07.080]  It's like a test to see if I can hold up to what the attorneys would be putting in.
[01:07:07.080 --> 01:07:12.080]  That's the way I'm looking at it.
[01:07:12.080 --> 01:07:18.080]  But it's over a special rule for ProSe, especially ProSe...
[01:07:18.080 --> 01:07:23.080]  Wait a minute. What rule is that? You confused me. You lost me there.
[01:07:23.080 --> 01:07:27.080]  Well, I have to go pull that up.
[01:07:27.080 --> 01:07:33.080]  Okay. There is a rule if you file an inability to pay
[01:07:33.080 --> 01:07:40.080]  that allows the court to dismiss on its own Suis Ponte
[01:07:40.080 --> 01:07:45.080]  if it finds that you failed state of claim.
[01:07:45.080 --> 01:07:48.080]  Yes, that's basically what it is.
[01:07:48.080 --> 01:07:57.080]  So all you need is one solid claim, and that will eliminate this dismissal for fail to state of claim.
[01:07:57.080 --> 01:08:01.080]  Even if they don't believe the rest of your claims will stand up,
[01:08:01.080 --> 01:08:06.080]  if you got one, that keeps you in court.
[01:08:06.080 --> 01:08:14.080]  So what's your one claim that if the facts, as you stated them, are true
[01:08:14.080 --> 01:08:23.080]  and the court takes them as true, you would have a claim against the defendants?
[01:08:23.080 --> 01:08:34.080]  Well, two of the main things I plan on, one was the city's authority to charge the state claims.
[01:08:34.080 --> 01:08:39.080]  I mean, some of them they have to because that's the way the law is set up.
[01:08:39.080 --> 01:08:45.080]  But others are actually linked to the municipal court.
[01:08:45.080 --> 01:08:47.080]  That was one thing.
[01:08:47.080 --> 01:08:58.080]  And then, let's see, follow the other here.
[01:08:58.080 --> 01:09:06.080]  Well, there's still that idea that you always bring up about them taking a jail before going before a magistrate.
[01:09:06.080 --> 01:09:13.080]  And that's one of the ideas, too, because I know some of the federal cases of red,
[01:09:13.080 --> 01:09:22.080]  it's basically a per se violation if they go past 48 hours, no matter how thoroughly
[01:09:22.080 --> 01:09:28.080]  and how many people they got working on getting their case together for probable cause hearing.
[01:09:28.080 --> 01:09:32.080]  But once the investigation is done, that's when they should go to the magistrate
[01:09:32.080 --> 01:09:37.080]  to do that for these traffic cases and drag you off to jail and leave you there to the convenient.
[01:09:37.080 --> 01:09:39.080]  They don't do a magistrate.
[01:09:39.080 --> 01:09:43.080]  They don't do an examining trial at all, or a preliminary hearing.
[01:09:43.080 --> 01:09:51.080]  That's McLaughlin v. City of Riverside that goes to the 48 hour rule.
[01:09:51.080 --> 01:09:56.080]  And what the 48 hour rule is, prima facie.
[01:09:56.080 --> 01:10:06.080]  It says that if they get you to a magistrate within 48 hours, on the face of it, the taking was timely.
[01:10:06.080 --> 01:10:11.080]  So if the accused doesn't believe that the taking was timely,
[01:10:11.080 --> 01:10:19.080]  the onus is on the accused to show evidence as to why they could have gotten you to a magistrate sooner.
[01:10:19.080 --> 01:10:29.080]  If they get you to a magistrate after 48 hours, then the onus is on the department to show due cause for the delay
[01:10:29.080 --> 01:10:34.080]  because on the face of it, it appears untimely.
[01:10:34.080 --> 01:10:35.080]  Does that make sense, Danny?
[01:10:35.080 --> 01:10:36.080]  Yeah.
[01:10:36.080 --> 01:10:37.080]  Yeah.
[01:10:37.080 --> 01:10:39.080]  How do you spell that first name?
[01:10:39.080 --> 01:10:41.080]  McLaughlin?
[01:10:41.080 --> 01:10:47.080]  McLaughlin, M-C-G-L-A-U-C-H-L-A-M.
[01:10:47.080 --> 01:10:50.080]  I think.
[01:10:50.080 --> 01:10:52.080]  Is that right, Brad?
[01:10:52.080 --> 01:10:53.080]  McLaughlin.
[01:10:53.080 --> 01:10:54.080]  I don't know.
[01:10:54.080 --> 01:10:56.080]  I'm not familiar with that one.
[01:10:56.080 --> 01:10:58.080]  V. City of Riverside.
[01:10:58.080 --> 01:11:03.080]  It's a federal case, but it's out of California.
[01:11:03.080 --> 01:11:16.080]  And then the main, the controlling case is Gerstein Pugh out of Florida.
[01:11:16.080 --> 01:11:31.080]  I'm seeing a lot of Riverside V. McLaughlin, and that's a M-C-L-A-U-G-H-L-I-N.
[01:11:31.080 --> 01:11:37.080]  Yeah, that's what I was going to say.
[01:11:37.080 --> 01:11:39.080]  Okay, I made a mistake.
[01:11:39.080 --> 01:11:42.080]  First time.
[01:11:42.080 --> 01:11:45.080]  Okay, anything else, Danny?
[01:11:45.080 --> 01:11:49.080]  No, I guess I'll let that go.
[01:11:49.080 --> 01:11:50.080]  Okay.
[01:11:50.080 --> 01:11:51.080]  Thank you, Danny.
[01:11:51.080 --> 01:11:54.080]  Now we're going to go to James in Texas.
[01:11:54.080 --> 01:11:56.080]  Hello, James.
[01:11:56.080 --> 01:11:57.080]  Hello.
[01:11:57.080 --> 01:11:59.080]  How y'all doing tonight?
[01:11:59.080 --> 01:12:00.080]  We're doing good.
[01:12:00.080 --> 01:12:03.080]  What do you have for us today?
[01:12:03.080 --> 01:12:10.080]  All kinds of stuff, but first thing I wanted to ask you about is a friend of mine.
[01:12:10.080 --> 01:12:14.080]  He's a Vietnam vet.
[01:12:14.080 --> 01:12:18.080]  Well, I thought he was married.
[01:12:18.080 --> 01:12:23.080]  I just found out, I mean, I've known him for 10, 12 years.
[01:12:23.080 --> 01:12:28.080]  Introduce me to this lady as to why she didn't deny it.
[01:12:28.080 --> 01:12:32.080]  And now all of a sudden she's trying to get him out of the house.
[01:12:32.080 --> 01:12:36.080]  They've been living together for 24 years.
[01:12:36.080 --> 01:12:37.080]  They're married.
[01:12:37.080 --> 01:12:39.080]  You're in Texas?
[01:12:39.080 --> 01:12:41.080]  Yeah, in Texas.
[01:12:41.080 --> 01:12:42.080]  They're married.
[01:12:42.080 --> 01:12:44.080]  That's what I told him.
[01:12:44.080 --> 01:12:47.080]  I told him he was kind of...
[01:12:47.080 --> 01:12:54.080]  It's a long story, but I basically told him, I said, well, there's the cop show up when she put this notice on the door.
[01:12:54.080 --> 01:12:56.080]  And he said, well, they came by.
[01:12:56.080 --> 01:12:57.080]  I said, well, what'd they say?
[01:12:57.080 --> 01:12:59.080]  He said, they never even said anything to me.
[01:12:59.080 --> 01:13:03.080]  I said, well, they won't, because this is a civil matter.
[01:13:03.080 --> 01:13:07.080]  You know, you have to have a judge deal with this.
[01:13:07.080 --> 01:13:10.080]  This is what I thought I was going to call him.
[01:13:10.080 --> 01:13:14.080]  We have common law marriage in Texas.
[01:13:14.080 --> 01:13:15.080]  Yeah.
[01:13:15.080 --> 01:13:29.080]  If you live together for three days and hold yourself out as a married couple or have a joint bank account, you're married.
[01:13:29.080 --> 01:13:30.080]  Okay, yeah.
[01:13:30.080 --> 01:13:35.080]  And like I said, I was introduced to her.
[01:13:35.080 --> 01:13:41.080]  You know, he introduced her as his wife when I met her 10, 12 years ago.
[01:13:41.080 --> 01:13:49.080]  And I asked my two roommates today and he went, they can say, no, they're not married.
[01:13:49.080 --> 01:13:53.080]  They've been living together forever, but they're not married, Mary.
[01:13:53.080 --> 01:13:57.080]  But they are married according to the law.
[01:13:57.080 --> 01:13:58.080]  You know, common law.
[01:13:58.080 --> 01:14:07.080]  They're married for the purpose of division of property and, you know, if there are any children or anything.
[01:14:07.080 --> 01:14:15.080]  So they don't know if you would have to get a divorce from a common law marriage.
[01:14:15.080 --> 01:14:22.080]  I don't know how that would separate, because you're not in a contract with the state.
[01:14:22.080 --> 01:14:31.080]  But for everything else concerning cohabitation, you are bound.
[01:14:31.080 --> 01:14:37.080]  Yeah, you know, because like paying on this house together and all that stuff.
[01:14:37.080 --> 01:14:38.080]  That's community.
[01:14:38.080 --> 01:14:40.080]  That becomes community property.
[01:14:40.080 --> 01:14:43.080]  Now, I don't know.
[01:14:43.080 --> 01:14:57.080]  Pappy, the lady that worked for me, she was never, she was in a common law marriage for 25 years and she actually went through with the divorce.
[01:14:57.080 --> 01:15:03.080]  I'm sure it had to do probably with the vision that you have since the...
[01:15:03.080 --> 01:15:05.080]  And that was the part I wasn't sure about.
[01:15:05.080 --> 01:15:08.080]  I wasn't sure if you actually had to get a divorce.
[01:15:08.080 --> 01:15:11.080]  You may.
[01:15:11.080 --> 01:15:16.080]  Yeah, he's concerned.
[01:15:16.080 --> 01:15:28.080]  Ms. Christine works for, she's been working for, I know one of the McDonald's here in town for Lord knows how many talons.
[01:15:28.080 --> 01:15:35.080]  Well, her, the owner of the company gave her a $100,000 bonus last week.
[01:15:35.080 --> 01:15:38.080]  That's what started all this.
[01:15:38.080 --> 01:15:39.080]  Wow.
[01:15:39.080 --> 01:15:46.080]  That's how long she's been working for this guy.
[01:15:46.080 --> 01:15:52.080]  And so, you know, Fred was just wondering what he needed to end up telling him like that.
[01:15:52.080 --> 01:15:58.080]  You know, I think you might want to talk to an attorney on this one, bud.
[01:15:58.080 --> 01:16:06.080]  Is the $50,000 worth ruining a 25-year relationship?
[01:16:06.080 --> 01:16:10.080]  Apparently it is for her.
[01:16:10.080 --> 01:16:17.080]  Well, if it was given to her, then he would have to ask for half of it.
[01:16:17.080 --> 01:16:22.080]  Yeah, well, but he's more concerned about the house that they've been in forever.
[01:16:22.080 --> 01:16:29.080]  I don't think he wants her money, you know, but he's got to have a place to live too.
[01:16:29.080 --> 01:16:34.080]  So if nothing else, he should be able to get money for half the house.
[01:16:34.080 --> 01:16:42.080]  Yeah, and are they separating anyway?
[01:16:42.080 --> 01:16:47.080]  Well, she's been, I guess since Monday, she's been living with one of her nieces,
[01:16:47.080 --> 01:16:52.080]  but she came by today and just put this notice on the front door.
[01:16:52.080 --> 01:16:53.080]  Okay.
[01:16:53.080 --> 01:17:00.080]  Well, they'll split up everything, including that $50,000, that $100,000.
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[01:17:26.080 --> 01:17:29.080]  How to get debt collectors out of your credit reports?
[01:17:29.080 --> 01:17:34.080]  How to turn the financial tables on them and make them pay you to go away?
[01:17:34.080 --> 01:17:39.080]  The Michael Mirris Proven Method is the solution for how to stop debt collectors.
[01:17:39.080 --> 01:17:41.080]  Personal consultation is available as well.
[01:17:41.080 --> 01:17:47.080]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mirris banner,
[01:17:47.080 --> 01:17:49.080]  or email michaelmirris at yahoo.com.
[01:17:49.080 --> 01:17:57.080]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[01:17:57.080 --> 01:18:00.080]  To learn how to stop debt collectors now.
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[01:19:44.080 --> 01:19:52.280]  Okay, we are back. Randy Kelton, Brett Fountain, Bluevilla Radio, and we're talking to James
[01:19:52.280 --> 01:19:58.680]  in Texas. Okay, James, where were we when I almost ran off the cliff?
[01:19:58.680 --> 01:20:04.080]  Well, we were talking about that eviction thing, but I think I know what I need to tell
[01:20:04.080 --> 01:20:12.880]  him when I talk to him tomorrow. But I had a docket call Tuesday. I went down and I got
[01:20:12.880 --> 01:20:18.640]  there, you know, docket calls for nine. I got there about 8.15. I was expecting the
[01:20:18.640 --> 01:20:24.560]  clerks not to let me examine the record. To their credit, they did, with no argument.
[01:20:24.560 --> 01:20:31.000]  I don't know if somebody talked to him after they kind of got twisted when I went in there
[01:20:31.000 --> 01:20:35.840]  on my initial appearance, so somebody may have talked to him. But anyway, got to see
[01:20:35.840 --> 01:20:43.680]  it, so didn't have files, criminal complaints against them or anything. But, you know, I
[01:20:43.680 --> 01:20:51.360]  still don't have a...still haven't been given complaints. Right now, the prosecutor told
[01:20:51.360 --> 01:20:59.360]  me, said, you know, I don't know when we'll be doing jury trials again. And, well, I'm
[01:20:59.360 --> 01:21:07.640]  really not decided on whether I want a jury trial or a bench trial this time. But if I
[01:21:07.640 --> 01:21:14.440]  can get a complaint, if they drag this no jury trial out for four months, because there's
[01:21:14.440 --> 01:21:19.800]  some speedy trial motion already in the record, you know, that'd be a good way to get out
[01:21:19.800 --> 01:21:28.800]  of it pretty easy. But so I guess I'll have to wait and see on that. But I understand
[01:21:28.800 --> 01:21:37.200]  that the only person, the person that issued the license has to, you know, and put the
[01:21:37.200 --> 01:21:43.640]  information in the computer has to be the person to retrieve the information from the
[01:21:43.640 --> 01:21:50.280]  computer and testify about it. Is that correct? I think they'll recall Eddie saying that.
[01:21:50.280 --> 01:21:57.840]  Okay. I want to get Eddie Craig on the show because we've...him and I have been having
[01:21:57.840 --> 01:22:07.880]  a discussion about that. Section...Chapter 5, Section 17, let me make sure I get this
[01:22:07.880 --> 01:22:18.840]  right. Article 5, Section 17 of the Texas Constitution says that every criminal charge
[01:22:18.840 --> 01:22:37.600]  must be by indictment. And in there they make a distinction between a criminal...a criminal
[01:22:37.600 --> 01:22:52.720]  affidavit, no, what is...what was it, Brett? We were talking about it yesterday. Let's
[01:22:52.720 --> 01:23:00.040]  see. Prosecutions, maybe commit...so the very beginning, this is...I don't think this is
[01:23:00.040 --> 01:23:03.960]  the one you're...I don't know. This is what you're after, because it's talking about the
[01:23:03.960 --> 01:23:09.360]  terms of county court, but it does talk about prosecutions in there. I think it was...it's
[01:23:09.360 --> 01:23:15.800]  way down in there, I think. Section 17... The county court shall hold terms as provided
[01:23:15.800 --> 01:23:23.000]  by law. Prosecutions may be commenced in said court by information filed by the county attorney
[01:23:23.000 --> 01:23:34.680]  or by affidavit, as may be provided by law. That was the issue that Eddie was addressing,
[01:23:34.680 --> 01:23:46.560]  affidavit as opposed to a information and belief, as opposed to a juror act or a...lost
[01:23:46.560 --> 01:23:55.240]  the word, Brett, verification. Verified criminal complaint as opposed to a affidavit.
[01:23:55.240 --> 01:24:01.360]  Okay, and I would agree with him about that. That sounds...yeah, that lines up.
[01:24:01.360 --> 01:24:11.160]  Sworn affidavit is sworn to under penalty of perjury, a...leaving my words today.
[01:24:11.160 --> 01:24:16.440]  A criminal complaint just says, I have reason to believe, and I do believe, but there's
[01:24:16.440 --> 01:24:23.480]  no necessarily any firsthand knowledge there. Well, it doesn't have to be first...and it's
[01:24:23.480 --> 01:24:31.040]  the nature of the complaint. A verified... Is it sworn oath, affirmation, or is it just
[01:24:31.040 --> 01:24:34.520]  a...a verified affirmation? I said I was the right one that signed it.
[01:24:34.520 --> 01:24:42.480]  That's...the verification just says, yeah, this was the guy that signed it. A sworn affidavit
[01:24:42.480 --> 01:24:48.320]  is sworn under penalty of perjury, and it has to have in there that I swear under penalty
[01:24:48.320 --> 01:24:55.760]  of perjury that the facts that's stating in here in this document are true and accurate
[01:24:55.760 --> 01:25:04.680]  to the best of my recall, or the best of my memory, where it has misleading. And not misleading.
[01:25:04.680 --> 01:25:10.640]  I didn't remember that part, but he was making a clear distinction between those two, and
[01:25:10.640 --> 01:25:19.360]  the reason that came up as important is because what the municipal courts are doing is the
[01:25:19.360 --> 01:25:25.280]  policeman gives the tickets to the clerk, and the clerk reads the ticket and makes up
[01:25:25.280 --> 01:25:33.440]  a complaint based on the ticket. And your accuser comes up to the clerk. She has reason
[01:25:33.440 --> 01:25:38.280]  to believe and does believe. And what Eddie was saying is the Constitution doesn't allow
[01:25:38.280 --> 01:25:48.760]  for that. That through the Constitution everything has to be by indictment. And it takes a sworn
[01:25:48.760 --> 01:25:57.640]  affidavit to get an indictment. It's sworn under penalty of perjury. Once there is an
[01:25:57.640 --> 01:26:08.400]  indictment, if the indictment is quashed, jurisdiction can be maintained on the information,
[01:26:08.400 --> 01:26:14.400]  but it can't be gotten on an information. It has to be gotten on an indictment. And
[01:26:14.400 --> 01:26:24.800]  we're writing up a brief that says every criminal charge must be by indictment. It's clear
[01:26:24.800 --> 01:26:33.480]  in the Constitution. So we're trying to, if they have to do them all by indictment, these
[01:26:33.480 --> 01:26:39.880]  floods of traffic tickets, they're going to have to make them civil infractions and not
[01:26:39.880 --> 01:26:50.000]  crimes. Because they won't be able to impanel enough grand juries to keep up with seven
[01:26:50.000 --> 01:26:52.320]  million traffic tickets a year.
[01:26:52.320 --> 01:26:58.840]  Yeah, they can't hear right now. They can't even impanel a jury for a couple of murder
[01:26:58.840 --> 01:27:07.440]  trials we've got going on. Nobody's responding to summons, you know, the jury summons.
[01:27:07.440 --> 01:27:15.640]  And they can't arrest all of them. Because if they arrested all of them, they would need
[01:27:15.640 --> 01:27:17.840]  more juries for all of those.
[01:27:17.840 --> 01:27:26.240]  Yeah. And I, you know, I don't know if it's people are, most people I run into, they're
[01:27:26.240 --> 01:27:32.120]  not worried about COVID at all, but I'm sure there are some that are. And, you know, I
[01:27:32.120 --> 01:27:37.840]  don't know what, what the reasoning is, but they just haven't been able to impanel juries
[01:27:37.840 --> 01:27:39.040]  for a while.
[01:27:39.040 --> 01:27:44.920]  Well, maybe they don't care about COVID, but they showed up to be a juror and then they
[01:27:44.920 --> 01:27:47.480]  got turned away because they can't wear a mask.
[01:27:47.480 --> 01:27:54.480]  Or they're sitting there, oh, where does this dry cough?
[01:27:54.480 --> 01:28:05.320]  Yeah, you know, but when do you think you're going to, I remember you saying you're going
[01:28:05.320 --> 01:28:14.400]  to put all the paperwork you're using in Wise County on your website. Any idea when you'll
[01:28:14.400 --> 01:28:15.400]  be getting that?
[01:28:15.400 --> 01:28:16.400]  It is on there.
[01:28:16.400 --> 01:28:22.760]  Go to jurismfrudence.website. Okay, I hadn't checked that one. I did check the traffic
[01:28:22.760 --> 01:28:24.760]  website today, but...
[01:28:24.760 --> 01:28:29.760]  Oh, that one's, that one's, that software is down and I hadn't got my guys to get it
[01:28:29.760 --> 01:28:39.640]  back up yet. I've tried to, but they hadn't got that fixed yet. Go to jurismfrudence.website.
[01:28:39.640 --> 01:28:41.920]  That's where most of my stuff is. Check the...
[01:28:41.920 --> 01:28:46.560]  Okay, yeah, it's been months since I've been to that one.
[01:28:46.560 --> 01:28:56.000]  Okay, top frog on the left, I'm sorry, top frog on the right goes to documents and research.
[01:28:56.000 --> 01:29:04.960]  And under documents and research, you'll see a folder for November arrest. The suit is
[01:29:04.960 --> 01:29:13.320]  in there. And then in that folder, there's an affid... is a attachments folder. And that
[01:29:13.320 --> 01:29:18.320]  has all my attachments, which contains about 50 criminal complaints.
[01:29:18.320 --> 01:29:27.680]  But I, I got to thinking, you could use the same routine. I realize you're doing this
[01:29:27.680 --> 01:29:34.560]  for an arrest, but couldn't you use the same routine on the state, the sheriff's department
[01:29:34.560 --> 01:29:38.000]  for just issuing traffic tickets?
[01:29:38.000 --> 01:29:49.800]  Yes. What I did was I went in the record and pulled out 45 cases. And in the, in the district
[01:29:49.800 --> 01:29:59.600]  court record, I'm sorry, in the county court record, I saw a bunch of stuff. I saw a...
[01:29:59.600 --> 01:30:07.440]  Sorry, soft drink lovers. Even diet drinks can make you fat. A new study shows the diet
[01:30:07.440 --> 01:30:12.440]  soda drinkers gain much more weight than people who avoid the stuff. I'm Dr. Katherine Albrecht
[01:30:12.440 --> 01:30:17.320]  and I'll be back in a moment with a scoop on supposedly skinny sodas.
[01:30:17.320 --> 01:30:21.720]  Privacy is under attack. When you give up data about yourself, you'll never get it back
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[01:30:46.360 --> 01:30:51.400]  Artificial sweeteners cut the calories and help you lose weight, right? Wrong. Researchers
[01:30:51.400 --> 01:30:56.400]  at UT San Antonio followed hundreds of diet soda drinkers for nearly a decade. They found
[01:30:56.400 --> 01:31:01.400]  that regularly drinking diet soda expanded people's waistlines five times more than no
[01:31:01.400 --> 01:31:06.600]  soda at all. The study's authors say artificial sweeteners triggered the appetite, but unlike
[01:31:06.600 --> 01:31:11.600]  regular sugars, don't deliver anything to squelch it. Waking up hunger without satisfying
[01:31:11.600 --> 01:31:17.000]  it leads to cravings, which can result in a larger overall calorie intake. So use natural
[01:31:17.000 --> 01:31:20.840]  sweeteners to maintain a healthy weight, and if you need to shed some pounds, avoid the
[01:31:20.840 --> 01:31:26.960]  sweet stuff altogether and drink water instead. I'm Dr. Katherine Albrecht, more news and information
[01:31:26.960 --> 01:31:33.600]  at KatherineAlbrecht.com. This is Building 7, a 47-story skyscraper
[01:31:33.600 --> 01:31:37.440]  that fell on the afternoon of September 11. The government says that fire brought it
[01:31:37.440 --> 01:31:43.000]  down. However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.000 --> 01:31:47.000]  Over 6,000 of my fellow service members have given their lives. And thousands of my fellow
[01:31:47.000 --> 01:31:51.000]  force responders are dying. I'm not a conspiracy theorist. I'm a structural engineer. I'm a
[01:31:51.000 --> 01:31:54.600]  New York City correction officer. I'm an Air Force pilot. I'm a father who lost his
[01:31:54.600 --> 01:32:01.600]  son. We are Americans, and we deserve the truth. Go to RememberBuilding7.org today.
[01:32:24.600 --> 01:32:39.320]  You can get your own copy of this invaluable material by going to ruleoflawradio.com and
[01:32:39.320 --> 01:32:56.080]  ordering your copy today. By ordering now, you'll receive a copy of Eddie's book, The
[01:32:56.080 --> 01:33:10.080]  Can Have Pre-Society We All Want and Deserve.
[01:33:10.080 --> 01:33:36.080]  Thank you very much.
[01:33:36.080 --> 01:33:56.720]  Okay, we are back. Randy Kelton, Brett Felton, Rule of Law Radio, and we're talking to James
[01:33:56.720 --> 01:34:06.360]  in Texas. And I remembered what I was talking about until I tried to say it. I was talking
[01:34:06.360 --> 01:34:12.640]  about using what you're doing in Wise County to go after the Sheriff's Department. So,
[01:34:12.640 --> 01:34:20.640]  police departments, Jim, for issuing the ticket. Yes, yes. I looked through all these cases,
[01:34:20.640 --> 01:34:29.840]  and I found a lot of stuff. But what I didn't find was a criminal complaint. I could not
[01:34:29.840 --> 01:34:40.400]  find an accuser. They wouldn't have scared steps would they? No, not our officials. I
[01:34:40.400 --> 01:34:48.560]  found a bond form, and that bond form fortunately had the arresting officer's name on it. I
[01:34:48.560 --> 01:34:57.760]  found a information produced by the prosecuting attorney. But I did not find a statement of
[01:34:57.760 --> 01:35:08.800]  probable cause by a competent witness to justify the arrest. I did not find the 1617 order.
[01:35:08.800 --> 01:35:21.280]  I did not find the 1621, which statute commands. The 1617 order, after an examining trial,
[01:35:21.280 --> 01:35:30.760]  if the, oh, oh, I also did not find a witness statement. I did not find the testimony before
[01:35:30.760 --> 01:35:39.520]  the magistrate reduced to writing and included in the record. That's in the statute that's
[01:35:39.520 --> 01:35:48.840]  required. An examining trial is a court of record. But I didn't find any of that stuff.
[01:35:48.840 --> 01:35:57.520]  Even though 17.30 tells the magistrate after an examining trial, he shall seal all documents
[01:35:57.520 --> 01:36:02.160]  that had in the hearing cause his name to be written across the seal of the envelope.
[01:36:02.160 --> 01:36:08.840]  What it says is he shall seal all documents, the complaint, the statements of witnesses,
[01:36:08.840 --> 01:36:16.400]  and all other documents had in the hearing in an envelope with his name written across
[01:36:16.400 --> 01:36:23.160]  the seal of the envelope and forwarded to the clerk of the court of jurisdiction. Now,
[01:36:23.160 --> 01:36:33.520]  how hard is that to understand? Maintain the lay. Maintains the chain of evidence. But
[01:36:33.520 --> 01:36:41.280]  none of those documents were in there. So I had reason to believe and did believe based
[01:36:41.280 --> 01:36:51.720]  on these facts, these incontrovertible facts of absence of specific records from the public
[01:36:51.720 --> 01:36:56.960]  record that the officer did not take the person to a magistrate, that a magistrate did not
[01:36:56.960 --> 01:37:04.840]  hold an examining trial, and did not find probable cause and issue an order as required
[01:37:04.840 --> 01:37:14.240]  by 16.17. 16.17 says that if the magistrate must issue an order and forward that order
[01:37:14.240 --> 01:37:22.280]  to the clerk of the court, if an order is not filed with the clerk of the court within
[01:37:22.280 --> 01:37:32.920]  48 hours, that works as a finding of no probable cause, and the accused has a right to discharge.
[01:37:32.920 --> 01:37:42.200]  That's pretty definitive. So if you have been arrested in Texas, go to the record. They
[01:37:42.200 --> 01:37:54.840]  got 48 hours. But a traffic stop is an arrest. Absolutely. They arrested your freedom of
[01:37:54.840 --> 01:38:01.920]  movement. That's what arrest means. Yeah, and one question I wanted to ask was, should
[01:38:01.920 --> 01:38:08.880]  I be filing a motion to dismiss for no 16.17 order in the record? You should be filing
[01:38:08.880 --> 01:38:16.000]  a challenge to subject matter jurisdiction. I've already done that one. That's the first
[01:38:16.000 --> 01:38:20.600]  thing I filed, a special appearance and challenge to subject matter jurisdiction. What did you
[01:38:20.600 --> 01:38:27.520]  claim in the subject matter jurisdiction challenge? It's one of Eddie's. I don't have it here
[01:38:27.520 --> 01:38:35.680]  with me right this time. One of Eddie's? Oh my God. Well, there's nothing wrong with
[01:38:35.680 --> 01:38:39.920]  putting two different challenges in there. You can challenge jurisdiction for multiple
[01:38:39.920 --> 01:38:45.720]  reasons. Let them address each one individually. Yeah, Eddie's actually the one that came up
[01:38:45.720 --> 01:38:53.320]  with the 16.17 issue. At least that's what he tells me. And if I remember correctly,
[01:38:53.320 --> 01:39:01.200]  there's something, there is a section on that in that subject matter jurisdiction challenge,
[01:39:01.200 --> 01:39:06.720]  if I remember correctly. Of course, it's been a couple of weeks since I read it, but I do
[01:39:06.720 --> 01:39:14.160]  believe it's in there. Okay, you've already brought this then. This should get an interlocutory
[01:39:14.160 --> 01:39:25.400]  appeal. Yeah, well, I'm still waiting to get... Oh, you mean before I go to trial? Oh, yeah.
[01:39:25.400 --> 01:39:32.080]  If they denied your subject matter jurisdiction challenge, I should get an interlocutory appeal.
[01:39:32.080 --> 01:39:39.840]  Criminal charges against the judge under Packer v. Walker. Did you do that right, Brad? Yeah,
[01:39:39.840 --> 01:39:50.240]  Walker v. Packer. Don't you just say that? Okay, Walker v. Packer. I don't know why I
[01:39:50.240 --> 01:39:57.880]  got that stuck backwards. Here's how I remember it. It's not in alphabetical order. It's backwards
[01:39:57.880 --> 01:40:01.560]  from the way it would be if it would be alphabetical order, so it's backwards you put the Walker
[01:40:01.560 --> 01:40:09.080]  first. Okay, I've got this book on how to remember names. There's one thing it doesn't have in
[01:40:09.080 --> 01:40:21.000]  there. How to remember to use the technique. Anyway, Walker v. Packer. Okay, a judge has
[01:40:21.000 --> 01:40:27.160]  no discretion in properly applying the law to the facts of failure to do so is an abuse
[01:40:27.160 --> 01:40:35.560]  of discretion. And it goes on to say that the only thing you can appeal to the court of
[01:40:35.560 --> 01:40:44.240]  appeals is an abuse of discretion. Well, the way I read the code, if a public official
[01:40:44.240 --> 01:40:51.440]  abuses his discretion and in the process denies uniform free access to enjoyment, right? James,
[01:40:51.440 --> 01:40:59.720]  what's that? That sounds like official oppression. That's what it sounds like to me. And that's
[01:40:59.720 --> 01:41:06.800]  a class A misdemeanor. And what they want to say is, well, you need to take this to
[01:41:06.800 --> 01:41:12.360]  the court of appeals. Well, I have a different place to appeal. I want to appeal to a grand
[01:41:12.360 --> 01:41:17.360]  jury and think, let's see what they think about this nonsense. Because you got all
[01:41:17.360 --> 01:41:23.800]  these judges, they all got their snouts in the same trough, and they're all trying to
[01:41:23.800 --> 01:41:29.080]  protect one another. Unless appeal this to a grand jury, see what they think about it.
[01:41:29.080 --> 01:41:39.480]  I did that to my judge in Wise County. Oh, that was so much fun. I asked to see the attorney
[01:41:39.480 --> 01:41:45.480]  wheel. That's all the lawyers who are signed up to be court-appointed counsel. Now, how
[01:41:45.480 --> 01:41:52.840]  on earth would the judge think that that is somehow restricted? But he just wanted to
[01:41:52.840 --> 01:41:57.480]  be a jerk. So he insisted that I give him written order, a written request. That's, oh, I don't
[01:41:57.480 --> 01:42:01.960]  want to do that, judge. It makes everything official and set all these timelines. And
[01:42:01.960 --> 01:42:06.320]  I don't want to have a fight over this. I just want to be able to talk to these lawyers
[01:42:06.320 --> 01:42:11.000]  and get their opinion on something. Well, you're going to have to enter a written request.
[01:42:11.000 --> 01:42:18.560]  Okay. So I entered one. And he asked the county attorney to send a letter to the attorney general
[01:42:18.560 --> 01:42:33.480]  asking for an opinion. Well, the way I read the codes, the district judge is a state officer.
[01:42:33.480 --> 01:42:39.960]  The county attorney is a county officer. The district judge is paid out of the state general
[01:42:39.960 --> 01:42:47.560]  fund. The county attorney is paid out of county funds. So what is the district judge doing
[01:42:47.560 --> 01:42:57.240]  using county funds to get this letter written? I called that misappropriation of public funds
[01:42:57.240 --> 01:43:06.720]  and charged him with official misconduct, 3902, and filed it with the grand jury. Oh, I filed
[01:43:06.720 --> 01:43:12.920]  against both of them. And the district attorney had just got in office and I filed criminal
[01:43:12.920 --> 01:43:21.600]  charges against him. Oh, that was so much fun. But also with that filing, I included 45 first
[01:43:21.600 --> 01:43:27.960]  degree felony aggravated assault charges against 45 officers who arrested someone and took
[01:43:27.960 --> 01:43:36.840]  them to jail and stood up to the nearest magistrate. That's a first degree felony in Texas. Nobody's
[01:43:36.840 --> 01:43:43.360]  ever been prosecuted on it, but I'm working on it. This is Randy Kelton, Brett Fountain
[01:43:43.360 --> 01:43:50.680]  Roo, on radio. Let's see. Do we have four callers on? Yeah, we got a slot open. I call
[01:43:50.680 --> 01:43:56.840]  in number 512-646-1984. We'll be right back.
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[01:46:51.480 --> 01:47:03.480]  Okay, we are back. Randy Kelton, Brett Fountain, ruleoflawradio, and we're talking to James
[01:47:03.480 --> 01:47:11.960]  in Texas, and so I filed 45 first-degree felony charges against these officers for arresting
[01:47:11.960 --> 01:47:19.240]  someone and taking them to jail. And Brett helped out with this. I accused them of acting
[01:47:19.240 --> 01:47:26.200]  on their own from their own volition. It's not because they were trained to do this. They
[01:47:26.200 --> 01:47:32.680]  decided to do this. And I have evidence of that because Brett sent an information request
[01:47:32.680 --> 01:47:40.200]  to the sheriff and asked the sheriff for all of the training that's given to sheriff's
[01:47:40.200 --> 01:47:46.560]  deputies in arrest procedures. And he got a response back that says, we have no records
[01:47:46.560 --> 01:47:51.760]  responsive to your request. And I mentioned that to sheriff's deputy. He said, that's
[01:47:51.760 --> 01:47:58.680]  right. We don't get any training in that. So 14.06 says, if you arrest someone without
[01:47:58.680 --> 01:48:04.680]  warrant, you're to take him directly to the nearest magistrate. 1516 says, if you arrest
[01:48:04.680 --> 01:48:10.400]  someone with a warrant, you're to take him directly to the nearest magistrate. And these
[01:48:10.400 --> 01:48:19.520]  officers, in their absolute arrogance and disregard for law, decided to take them to jail instead.
[01:48:19.520 --> 01:48:28.640]  And when they did that, they became a trespasser on the law. They became a criminal trespasser.
[01:48:28.640 --> 01:48:36.640]  The arrest was, when they became a criminal trespasser, they became a trespasser ab initio
[01:48:36.640 --> 01:48:45.040]  from the beginning. And all their acts were, what's the term, Brett?
[01:48:45.040 --> 01:48:49.200]  Well, they had no authority for it, ultra virus.
[01:48:49.200 --> 01:48:56.680]  I said this before, I got it out of a case. Oh, all their acts are defeated. That's what
[01:48:56.680 --> 01:49:05.320]  the case said. So now they're, that makes the arrest illegal. When they made that arrest,
[01:49:05.320 --> 01:49:11.920]  they committed simple assault by physically resting the person in their movement. And
[01:49:11.920 --> 01:49:17.320]  they did so while prominently displaying a deadly weapon. But they didn't have any authority
[01:49:17.320 --> 01:49:30.320]  to do that. So under 4202 B2A, I'm sorry, 2202 B2A, Texas Penal Code, that is a first
[01:49:30.320 --> 01:49:39.960]  degree felony to charge them with it. I also filed a TECO complaint against them. And I
[01:49:39.960 --> 01:49:47.360]  was feeling especially devious that day. So I made up bar grievances against every one
[01:49:47.360 --> 01:49:55.680]  of these cases that had a lawyer listed. And I was actually even more devious than that
[01:49:55.680 --> 01:50:00.800]  because I didn't have bar card numbers on all of them and I was trying to look them
[01:50:00.800 --> 01:50:08.960]  up. And this one, I found three lawyers with the same name. One was in Decatur, the county
[01:50:08.960 --> 01:50:16.840]  seat of where I'm from, where all this occurred. One was in Fort Worth and one was in Dallas.
[01:50:16.840 --> 01:50:26.400]  So oh my goodness, which one must it be? I think it's the one in Fort Worth. So I filed
[01:50:26.400 --> 01:50:31.960]  against him. And sometimes serendipity steps in. You know, you file these, you don't get
[01:50:31.960 --> 01:50:36.400]  any feedback. So I'm talking to a friend of mine, he was a policeman, I helped him keep
[01:50:36.400 --> 01:50:43.320]  his job a number of years ago. And his son has Ashburgers and he has some legal issues.
[01:50:43.320 --> 01:50:50.400]  He keeps getting in trouble. And the guy had an attorney and David mentioned my name to
[01:50:50.400 --> 01:50:56.480]  the attorney and he said the attorney went off. That's the guy that bar grieved me. And
[01:50:56.480 --> 01:51:07.040]  it wasn't even my client. Oh, I felt so bad about that. I had to call the poor attorney
[01:51:07.040 --> 01:51:14.960]  and tell him, oh, I'm the one who did that. My bad shame on me. I didn't tell him I did
[01:51:14.960 --> 01:51:24.160]  it on purpose. But he was really, really upset about that. And that was confirmation
[01:51:24.160 --> 01:51:32.280]  that bar grieves are a good deal. My point is, any arrest in Texas where you're taken
[01:51:32.280 --> 01:51:38.000]  to jail and they don't hold an examining trial and you don't find a 16, 17 order in
[01:51:38.000 --> 01:51:51.360]  the record is void. And that's almost every arrest in Texas for the past 30 years at least.
[01:51:51.360 --> 01:51:59.880]  Well, I mean, especially on a traffic ticket, because, you know, well, I made my initial
[01:51:59.880 --> 01:52:07.000]  appearance July 28th, still have not seen the magistrate, even when I went into Tuesday
[01:52:07.000 --> 01:52:15.280]  for the docket call. What is a docket call? And where do they get
[01:52:15.280 --> 01:52:22.000]  authority to hold a docket call? Oh, and that was another question I want to thank you for
[01:52:22.000 --> 01:52:30.440]  jogging my mental calm. You know, the last time I dealt with this, it was the summons
[01:52:30.440 --> 01:52:40.920]  was signed by the chief clerk. He sued them pressly. Well, this time, it just says sincerely
[01:52:40.920 --> 01:52:49.280]  court clerk, there's no signature. So who do I file the charges against? The clerk
[01:52:49.280 --> 01:52:59.400]  or the JP? Clerk. Okay. Well, if it wasn't the clerk that's
[01:52:59.400 --> 01:53:06.280]  sitting there now, let her prove it up. Okay. Well, but if you file against the clerk, don't
[01:53:06.280 --> 01:53:10.000]  you also file against the JP is responding at superior?
[01:53:10.000 --> 01:53:18.960]  Yeah, absolutely. Both of them. Yeah. So I'll be typing those charges up Monday. If
[01:53:18.960 --> 01:53:24.800]  I'm not working tomorrow, I may be working tomorrow. The reason the clerk, the clerk's
[01:53:24.800 --> 01:53:31.560]  going to be like a deer in the headlights. I just did what I was trained to do. Yeah,
[01:53:31.560 --> 01:53:40.080]  life's tough. Deal with it. That's what they're going to tell you when they cite you. So
[01:53:40.080 --> 01:53:49.240]  turn your back on them. Go ahead. In my initial appearance, I did not file impersonating, you
[01:53:49.240 --> 01:53:55.520]  know, a public servant against stuff because I had both of the court clerks try to take
[01:53:55.520 --> 01:54:03.760]  my plea that day. Oh, both of them tried to take my plea. And I hadn't done it yet. I'm
[01:54:03.760 --> 01:54:08.920]  trying to be nice to these ladies, even though they crawled down my throat. I was being polite
[01:54:08.920 --> 01:54:15.920]  and nice. That, as you say, wasn't a fight I wanted to have right then. But if I didn't
[01:54:15.920 --> 01:54:20.360]  go ahead and file these, I may as well file those with them.
[01:54:20.360 --> 01:54:27.560]  Well, I'm going to suggest that being polite, you can be nice and polite and still fuck
[01:54:27.560 --> 01:54:34.160]  with my charges against them. Well, and I knew you would fuck at me for not doing it.
[01:54:34.160 --> 01:54:40.240]  Yep, but you missed a good learning opportunity for them.
[01:54:40.240 --> 01:54:46.160]  But I've been kind of hesitant to call in the last few words. It's been, I don't know,
[01:54:46.160 --> 01:54:51.840]  about a year or so since I've talked to you guys. But you've been stirring up so much
[01:54:51.840 --> 01:54:57.000]  mess up in Wise County. Come on.
[01:54:57.000 --> 01:55:07.680]  A Rapscallian like Brett or a Rapscallian like you. And right now, you know, I'm not
[01:55:07.680 --> 01:55:18.080]  at Joe's level yet. And I'm kind of concerned stuff might get there. But, you know, I got
[01:55:18.080 --> 01:55:40.520]  to think about using that routine just for a Sheriff's Department or Police Department
[01:55:40.520 --> 01:55:44.040]  for Issuing and Kicking. And I figured you would say, yeah, and I got to think it would
[01:55:44.040 --> 01:55:51.960]  be more difficult against a state trooper. But you could do it against state troopers
[01:55:51.960 --> 01:55:56.560]  in your county, too, for acting outside of scope, correct?
[01:55:56.560 --> 01:56:06.120]  Well, there's one question that state trooper doesn't ask that he should ask first, correct?
[01:56:06.120 --> 01:56:13.920]  Are you operating in commerce? Yeah, and he's the one that is, he should definitely know
[01:56:13.920 --> 01:56:19.000]  about that because he's the one that's been to the training. All these guys that are running
[01:56:19.000 --> 01:56:22.600]  around trying to enforce this code haven't even been to the training. So, of course,
[01:56:22.600 --> 01:56:26.840]  they don't know that. And it's in their mission statement in the
[01:56:26.840 --> 01:56:37.080]  first two bullet points of the DPS mission statement. And so, they can't pretend they
[01:56:37.080 --> 01:56:44.120]  don't know? Well, they can pretend, but they can't stand on not knowing. Does they try
[01:56:44.120 --> 01:56:50.960]  to do that? They're screwed. But I got to think, I guess, you couldn't get all of them,
[01:56:50.960 --> 01:56:59.640]  but you could do a public information request for all citations issued by state trooper
[01:56:59.640 --> 01:57:08.400]  in the county to hurt people without a commercial driver's license. That would get most of them.
[01:57:08.400 --> 01:57:15.520]  Am I correct on that? No, anybody with or without a commercial
[01:57:15.520 --> 01:57:21.680]  license? We all have a commercial license. That's the only kind of license they got.
[01:57:21.680 --> 01:57:28.640]  That's true. Yeah, didn't think about that. So, they're all got, you were referring to
[01:57:28.640 --> 01:57:33.600]  CDL? Yes. That's just a higher level of commercial
[01:57:33.600 --> 01:57:40.360]  license, but they're all commercial, and it takes commercial activity to bring a person
[01:57:40.360 --> 01:57:52.400]  within the statutory scheme. If you're using your vehicle for the purpose of mere locomotion
[01:57:52.400 --> 01:58:01.680]  and to move about the state at your own cost, you are not in commerce. And that should be
[01:58:01.680 --> 01:58:07.040]  the first question they ask, and they know that. They don't know it, though.
[01:58:07.040 --> 01:58:15.560]  Yeah, the real term for what you're doing is a term they know is your deadheading. Yeah.
[01:58:15.560 --> 01:58:23.560]  So they know that. They're very familiar with that concept. They know that if a trucker
[01:58:23.560 --> 01:58:29.720]  unloads a load at one warehouse, and he has to go to another warehouse to pick up a load,
[01:58:29.720 --> 01:58:36.520]  he's not paid in that time. And that's a deadheading, and he is not in commerce. He's
[01:58:36.520 --> 01:58:46.680]  off the log. So they know that for certain. And I know we're about to fall off the cliff.
[01:58:46.680 --> 01:58:50.280]  Randy Calton, we'll be right back.
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