ROL_2021-12-03_16k_Hr3-4.timecode

[00:11.840 --> 00:20.880]  an ounce, silver $16.45 an ounce, copper $2.75 an ounce, oil Texas crude $55.63 a barrel,
[00:20.880 --> 00:29.200]  Brent crude $62.47 a barrel, and crypto is in order of market cap, bitcoin core $10,566.52,
[00:29.200 --> 00:40.680]  ethereum $227.26, xrp ripple $0.33, litecoin $100.31, and bitcoin cash is at $324.10 a
[00:40.680 --> 00:42.680]  crypto coin.
[00:42.680 --> 00:52.320]  Today in history, the year 1916, the Preparedness Day bombing, a timed suitcase bomb was detonated
[00:52.320 --> 00:57.640]  on Market Street in San Francisco during the World War I Preparedness Day parade, killing
[00:57.640 --> 01:04.640]  10 and injuring 40.
[01:04.640 --> 01:09.280]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing hemp in
[01:09.280 --> 01:13.960]  a Texas law back in June, county prosecutors around the state, including Houston, Austin
[01:13.960 --> 01:17.960]  and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:17.960 --> 01:22.620]  new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:22.620 --> 01:24.680]  to test the herb for THC.
[01:24.680 --> 01:28.320]  Margaret Moore, the Travis County District Attorney announced earlier this month that
[01:28.320 --> 01:33.240]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.240 --> 01:34.240]  law.
[01:34.240 --> 01:37.480]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.480 --> 01:41.980]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:41.980 --> 01:48.120]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.120 --> 01:54.280]  well as other cities too, like the District Attorney in El Paso, Jaime Esparza, a Democrat
[01:54.280 --> 01:58.840]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:58.840 --> 02:01.520]  prosecution of marijuana cases in El Paso.
[02:01.520 --> 02:06.600]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.600 --> 02:10.600]  in Harris County, who stated that, quote, the law is constantly changing on what makes
[02:10.600 --> 02:13.320]  something illegal based on its chemical makeup.
[02:13.320 --> 02:17.200]  It's important that if someone is charged with something, the test matches what they're
[02:17.200 --> 02:22.400]  charged with.
[02:22.400 --> 02:27.120]  A paper by Tulane University identified a five and a half inch American pocket shark
[02:27.120 --> 02:32.240]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.240 --> 02:37.880]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:37.880 --> 02:39.360]  Pacific Ocean.
[02:39.360 --> 02:43.680]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.680 --> 02:45.520]  its front fins.
[02:45.520 --> 03:02.880]  For the purpose, it is hypothesized to lure and prey who may be drawn into the glow.
[03:15.520 --> 03:26.640]  Well, I received my remedy today, came in a box just like they say, I accepted for value
[03:26.640 --> 03:32.240]  right away, if not sooner, not later.
[03:32.240 --> 03:39.680]  We are originators and the pathway seems to get straighter every day.
[03:39.680 --> 03:46.480]  And I can take anything that belongs to me and put it to good use.
[03:46.480 --> 03:51.920]  But I was good for the gander, going to work for the goose.
[03:51.920 --> 03:59.680]  OK, howdy, howdy, Randy Kelton, Brett Fountain, Rula Radio on this, the third day of December
[03:59.680 --> 04:05.120]  2021, and we're talking to Lamine in California.
[04:05.120 --> 04:07.640]  OK, Lamine.
[04:07.640 --> 04:09.640]  Can you hear me better now?
[04:09.640 --> 04:10.800]  So much better.
[04:10.800 --> 04:11.800]  So much better.
[04:11.800 --> 04:12.800]  Yes.
[04:12.800 --> 04:17.800]  Yeah, I know it's like noise canceling and sometimes it can't be out as well.
[04:17.800 --> 04:21.360]  But I just reset the email.
[04:21.360 --> 04:27.400]  The title is my name in Lamine in California and then high interest law case.
[04:27.400 --> 04:28.400]  So.
[04:28.400 --> 04:34.800]  But yeah, the original predator is different from the person who brought the case, brought
[04:34.800 --> 04:36.360]  the suit.
[04:36.360 --> 04:44.880]  So if that's the case, then they've obviously sold the note and you want to file a debt
[04:44.880 --> 04:47.840]  validation letter.
[04:47.840 --> 04:57.440]  What happens when they sell notes is the servicer, whoever was holding the note, has records
[04:57.440 --> 04:59.520]  for all your payments.
[04:59.520 --> 05:04.040]  But when they sell the note, the servicer doesn't send all those records.
[05:04.040 --> 05:09.120]  They merely send the amount claimed to be owed.
[05:09.120 --> 05:15.860]  So you file a debt validation letter and demand that they verify all of the payments that
[05:15.860 --> 05:18.280]  you've made.
[05:18.280 --> 05:24.320]  Because you need to calculate how they applied the payments.
[05:24.320 --> 05:36.960]  For instance, they apply your payment to principal first, interest second.
[05:36.960 --> 05:41.280]  But they want to apply it to interest first and principal second because they want to
[05:41.280 --> 05:43.900]  keep your principal high.
[05:43.900 --> 05:53.680]  So you want to look at these payments to compare the amount owed from month to month.
[05:53.680 --> 05:59.320]  So you can see how much they took off the principal as opposed to what they took off,
[05:59.320 --> 06:02.960]  what they deducted for interest.
[06:02.960 --> 06:07.480]  The problem is they don't have those records.
[06:07.480 --> 06:09.920]  Because the previous servicer didn't give it to them.
[06:09.920 --> 06:10.920]  Uh oh.
[06:10.920 --> 06:13.760]  So you claim you don't owe anything.
[06:13.760 --> 06:16.680]  They have to prove up what you owe.
[06:16.680 --> 06:18.420]  And just saying you owe is not enough.
[06:18.420 --> 06:21.720]  So that would be the first thing I'd do.
[06:21.720 --> 06:23.640]  I can do that outside of a case.
[06:23.640 --> 06:25.920]  I can just file these papers with them.
[06:25.920 --> 06:26.920]  Yes.
[06:26.920 --> 06:27.920]  Yes.
[06:27.920 --> 06:29.840]  Look up qualified written request.
[06:29.840 --> 06:34.600]  I think it's in the Fair Debt Collection Practices Act.
[06:34.600 --> 06:39.800]  Some people are writing about it saying it's a DV letter, right?
[06:39.800 --> 06:42.200]  A DV letter.
[06:42.200 --> 06:43.200]  Debt validation.
[06:43.200 --> 06:44.560]  Debt validation letter, yeah.
[06:44.560 --> 06:48.200]  I see it mentioned as a DV letter.
[06:48.200 --> 06:51.340]  I generally do it as a qualified written request.
[06:51.340 --> 06:53.040]  But that may be correct.
[06:53.040 --> 06:56.560]  The debt validation letter is correct.
[06:56.560 --> 07:01.720]  Qualified written request is under the Real Estate Settlement Procedures Act.
[07:01.720 --> 07:05.400]  So a debt validation letter.
[07:05.400 --> 07:06.520]  Comes up the same thing.
[07:06.520 --> 07:12.320]  You want to see all the payments, how all the money was distributed to make sure they
[07:12.320 --> 07:15.400]  didn't do it in violation of the law.
[07:15.400 --> 07:18.080]  Well, they're not going to have it.
[07:18.080 --> 07:19.800]  Couldn't they go and get it retroactively?
[07:19.800 --> 07:24.160]  Like, can't they just contact the original creditor and get it?
[07:24.160 --> 07:26.300]  We never have had one do that.
[07:26.300 --> 07:29.200]  I don't know if they can or not, but we never have had them do it.
[07:29.200 --> 07:31.080]  They just try to ignore it.
[07:31.080 --> 07:37.140]  And then you petition for, you file a petition for declaratory judgment.
[07:37.140 --> 07:46.800]  Look up the Fair Debt Collections Practices Act and in there do a search for debt validation.
[07:46.800 --> 07:52.440]  And it will, you'll get all the law around it.
[07:52.440 --> 07:58.200]  This doesn't really go to Fair Debt Collection Practices Act so much.
[07:58.200 --> 08:02.800]  You can simply ask them to give you a complete accounting.
[08:02.800 --> 08:05.960]  I don't like the consumer protection laws.
[08:05.960 --> 08:11.800]  It appears to be as though they have been written to protect not the consumer, but the
[08:11.800 --> 08:14.000]  lender.
[08:14.000 --> 08:22.520]  They set a statutory time limit generally of one to two years on your being able to
[08:22.520 --> 08:29.600]  make a claim under that, whatever that consumer protection law is.
[08:29.600 --> 08:34.220]  But everything that's in the consumer protection laws is already in the Uniform Commercial
[08:34.220 --> 08:35.220]  Code.
[08:35.220 --> 08:42.720]  And the Uniform Commercial Code doesn't have the restrictions that these supposed consumer
[08:42.720 --> 08:45.720]  protection laws have.
[08:45.720 --> 08:57.120]  So they dupe you into using the consumer protection laws and then by the time you raise an issue
[08:57.120 --> 09:02.680]  under Fair Debt Collections Practices Act, your time is generally up.
[09:02.680 --> 09:07.920]  So in reading them and looking at them in detail, it appeared to me as though they got
[09:07.920 --> 09:17.160]  these passed, not to protect you, but to limit your access to remedy.
[09:17.160 --> 09:20.920]  So look at Uniform Commercial Code for debt validation.
[09:20.920 --> 09:24.760]  Would this apply to all forms of debt, like say a mortgage, right?
[09:24.760 --> 09:32.400]  If my parents' house, if the original creditors sold that for, I don't know, refinanced or
[09:32.400 --> 09:33.400]  I don't know.
[09:33.400 --> 09:35.280]  I'm not sure how these things- Yes, yes.
[09:35.280 --> 09:38.220]  It applies to that as well.
[09:38.220 --> 09:44.680]  That's what I originally crafted, the qualified written request goes to the mortgage issues
[09:44.680 --> 09:49.240]  under the Real Estate Settlement Procedures Act, as opposed to the Fair Debt Collection
[09:49.240 --> 09:52.520]  Practices Act.
[09:52.520 --> 09:59.960]  But I can only bring that up if a case, if a suit was brought against me in order to
[09:59.960 --> 10:04.960]  collect- No, no, any time they change servicers, any
[10:04.960 --> 10:10.720]  time anything changes in the collection of the debt, you can request, you can file a
[10:10.720 --> 10:13.000]  qualified written request.
[10:13.000 --> 10:19.640]  If you will send me an email, okay, I will look in your email and attach my qualified
[10:19.640 --> 10:26.640]  written request to it, I'll send it back to you, it's a big one, designed to be exceptionally
[10:26.640 --> 10:27.640]  annoying.
[10:27.640 --> 10:28.640]  Okay.
[10:28.640 --> 10:32.960]  Well, I appreciate your time, thank you.
[10:32.960 --> 10:33.960]  Okay, thank you.
[10:33.960 --> 10:34.960]  I appreciate it.
[10:34.960 --> 10:35.960]  New York.
[10:35.960 --> 10:36.960]  Yeah, all right.
[10:36.960 --> 10:37.960]  You guys have a good night.
[10:37.960 --> 10:38.960]  Bye, Randy.
[10:38.960 --> 10:39.960]  Bye, Brett.
[10:39.960 --> 10:40.960]  Bye.
[10:40.960 --> 10:41.960]  Good night.
[10:41.960 --> 10:42.960]  Okay, now we're going to go back to Brooklyn.
[10:42.960 --> 10:43.960]  Okay, are you there?
[10:43.960 --> 10:44.960]  Yes, I am.
[10:44.960 --> 10:45.960]  Can you hear me?
[10:45.960 --> 10:46.960]  All right.
[10:46.960 --> 10:47.960]  Yes.
[10:47.960 --> 10:48.960]  Much, much better.
[10:48.960 --> 10:49.960]  Okay, give us a name we can call you.
[10:49.960 --> 10:50.960]  Hi, this is Christine.
[10:50.960 --> 10:51.960]  You can hear me, right?
[10:51.960 --> 10:52.960]  Yes, we can.
[10:52.960 --> 10:53.960]  Hi.
[10:53.960 --> 10:54.960]  Hi.
[10:54.960 --> 10:55.960]  Hi.
[10:55.960 --> 10:56.960]  Hi.
[10:56.960 --> 10:57.960]  Hi.
[10:57.960 --> 10:58.960]  Hi.
[10:58.960 --> 10:59.960]  Hi.
[10:59.960 --> 11:00.960]  Hi.
[11:00.960 --> 11:01.960]  Hi.
[11:01.960 --> 11:02.960]  Hi.
[11:02.960 --> 11:03.960]  Yes, we can.
[11:03.960 --> 11:04.960]  Yes.
[11:04.960 --> 11:05.960]  Okay.
[11:05.960 --> 11:06.960]  Hi.
[11:06.960 --> 11:07.960]  Hi.
[11:07.960 --> 11:08.960]  Hi.
[11:08.960 --> 11:09.960]  What do you have for us today?
[11:09.960 --> 11:16.960]  Well, I'm new to listening into the show, so I don't know if there's a specific topic
[11:16.960 --> 11:19.520]  or is it open topic?
[11:19.520 --> 11:21.080]  Open topic.
[11:21.080 --> 11:24.880]  This show is about legal reform.
[11:24.880 --> 11:27.960]  We help people find legal remedy.
[11:27.960 --> 11:29.760]  Okay.
[11:29.760 --> 11:36.600]  So, I'm not sure if you can help me.
[11:36.600 --> 11:46.240]  When I first came in tonight, you were talking about Title 42, such in 1984 about deprivation
[11:46.240 --> 11:49.240]  of rights?
[11:49.240 --> 11:51.240]  No.
[11:51.240 --> 11:59.840]  Title 42, 1984, that's the second half of the Ku Klux Klan Act that allows you to sue
[11:59.840 --> 12:04.360]  public officials if they violate your rights.
[12:04.360 --> 12:05.360]  Okay.
[12:05.360 --> 12:09.920]  So- Hold on, you may have missed it, got the numbers
[12:09.920 --> 12:10.920]  mixed up.
[12:10.920 --> 12:18.000]  18 U.S. Code 242 and 345 and 6, that allows you to file criminal complaints against public
[12:18.000 --> 12:27.160]  officials, or that those are the criminal statutes for public officials in the Fed.
[12:27.160 --> 12:30.800]  Yeah, that's where it says that it's a crime for them to do that.
[12:30.800 --> 12:31.800]  Yeah.
[12:31.800 --> 12:32.800]  Okay.
[12:32.800 --> 12:42.760]  So, I guess the nature of my call then would be about filing a federal case for deprivation
[12:42.760 --> 12:45.840]  of rights against my employer.
[12:45.840 --> 12:49.440]  Ooh, okay.
[12:49.440 --> 12:52.720]  Is your employer a state official?
[12:52.720 --> 12:55.280]  Because that's what that one gears toward.
[12:55.280 --> 13:01.040]  Yes, they're a corporation, it's a big corporation in New York State.
[13:01.040 --> 13:11.480]  No, no, corporations are private entities and you wouldn't need 42 U.S. Code 1983,
[13:11.480 --> 13:14.080]  you can just sue them straight up.
[13:14.080 --> 13:15.080]  Okay.
[13:15.080 --> 13:16.080]  Would that-
[13:16.080 --> 13:23.840]  Normally, public officials have immunity, so you couldn't sue them.
[13:23.840 --> 13:32.640]  And the Ku Klux Klan Act was passed right after the Civil War, where the North left
[13:32.640 --> 13:40.200]  the political structure in the South in place and gave them new marching orders.
[13:40.200 --> 13:47.680]  And those hillbillies down there in the South told those Yankee carpetbaggers to go scratch
[13:47.680 --> 13:50.000]  and kept doing what they wanted to.
[13:50.000 --> 13:57.400]  So the legislature passed these laws that allowed you to sue those public officials
[13:57.400 --> 14:04.040]  if they didn't follow law and also charge them criminally.
[14:04.040 --> 14:07.880]  Doesn't have anything to do with corporations, you can sue the corporation straight up.
[14:07.880 --> 14:15.600]  So, hey, I'm sorry to take up your time on air, I thought that the call was going to
[14:15.600 --> 14:21.680]  be screened first, but I would have spoken to someone before going straight to on air.
[14:21.680 --> 14:29.600]  Well, we don't have a call screener tonight, we're a little bit more of a shoestring.
[14:29.600 --> 14:35.960]  The producer is not here on Saturday nights, Friday nights, she could screen calls, but
[14:35.960 --> 14:39.080]  she's not here to do that, so we're on our own.
[14:39.080 --> 14:40.080]  But that's okay.
[14:40.080 --> 14:41.080]  Okay.
[14:41.080 --> 14:47.800]  I mean, it's a bit of a long story, so I don't want to take up too much of your time on it.
[14:47.800 --> 14:50.240]  What is the nature of the issue?
[14:50.240 --> 14:51.840]  Mortgage, criminal.
[14:51.840 --> 14:59.120]  It's terminated from my job, it has to do with the vaccine mandate in New York State
[14:59.120 --> 15:01.960]  for health care workers.
[15:01.960 --> 15:14.160]  If you will send me an email, randy, r-a-n-d-y, at ruleoflawradio.com, I'll send you a link
[15:14.160 --> 15:22.640]  to a telegram site we have up that has over 1,000 members in it dedicated to this particular
[15:22.640 --> 15:25.320]  issue.
[15:25.320 --> 15:33.400]  We have massive amounts of information there and lots of people you could talk to.
[15:33.400 --> 15:34.760]  What is the name of that, though?
[15:34.760 --> 15:37.680]  I think I might already know about that.
[15:37.680 --> 15:40.680]  It's Mask Law Society.
[15:40.680 --> 15:41.680]  Okay.
[15:41.680 --> 15:42.680]  No.
[15:42.680 --> 15:43.680]  Okay.
[15:43.680 --> 15:44.680]  All right.
[15:44.680 --> 15:46.240]  I'll send you an email.
[15:46.240 --> 15:47.240]  Thank you.
[15:47.240 --> 15:49.240]  I will send you a link.
[15:49.240 --> 15:52.160]  Thank you very much.
[15:52.160 --> 15:55.440]  Now we're going to Adam in Texas.
[15:55.440 --> 15:57.480]  Hello, Adam.
[15:57.480 --> 15:58.480]  What do you...
[15:58.480 --> 15:59.480]  Oops.
[15:59.480 --> 16:00.480]  Oh, she dropped.
[16:00.480 --> 16:01.480]  Okay.
[16:01.480 --> 16:02.880]  I got a few confused on my cardboard.
[16:02.880 --> 16:03.880]  Okay.
[16:03.880 --> 16:06.360]  One dropped off, one came on exactly the same time.
[16:06.360 --> 16:08.160]  Adam, are you there?
[16:08.160 --> 16:09.400]  Yeah, I'm here.
[16:09.400 --> 16:13.800]  I thought I was at the back of the line.
[16:13.800 --> 16:17.840]  Oh, you're back up at the front.
[16:17.840 --> 16:20.760]  What do you have for us today?
[16:20.760 --> 16:31.440]  Well, I don't know, I kind of caught wind of it the last month or so, but in TCP 2.09,
[16:31.440 --> 16:41.160]  you know, who's the magistrate, all the way down at the end says mayors and recorders.
[16:41.160 --> 16:46.880]  The best we can figure out on a recorder is a court clerk.
[16:46.880 --> 16:48.640]  Is that right, Brett?
[16:48.640 --> 16:49.640]  We found something.
[16:49.640 --> 16:56.600]  We found something recently that said that the county clerk acts as the county recorder.
[16:56.600 --> 16:57.600]  Right.
[16:57.600 --> 17:05.480]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[17:46.500 --> 17:49.280]  or email MichaelMeris at yahoo.com.
[17:49.280 --> 17:59.040]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors
[17:59.040 --> 18:00.040]  now.
[18:00.040 --> 18:04.600]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[18:04.600 --> 18:08.160]  In today's America, we live in an us against them society, and if we the people are ever
[18:08.160 --> 18:12.400]  going to have a free society, then we're going to have to stand and defend our own rights.
[18:12.400 --> 18:15.560]  Among those rights are the right to travel freely from place to place, the right to act
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[18:59.360 --> 19:13.520]  If you are listening to the Logos Radio Network, logosradionetwork.com Well, don't let nothing
[19:13.520 --> 19:14.520]  get to you.
[19:14.520 --> 19:21.760]  One of the father can't deliver you, so don't let bad mind people hurt you until Satan get
[19:21.760 --> 19:22.760]  behind you.
[19:22.760 --> 19:23.760]  Know what I mean?
[19:23.760 --> 19:32.320]  My friend, when all of your children come with those things to hide me free, get in
[19:32.320 --> 19:36.360]  your problem and call on me.
[19:36.360 --> 19:37.360]  We are back.
[19:37.360 --> 19:42.760]  Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Adam in Texas.
[19:42.760 --> 19:43.760]  Okay.
[19:43.760 --> 19:44.760]  Whoops.
[19:44.760 --> 19:46.760]  Can you hear me?
[19:46.760 --> 19:47.760]  Yeah.
[19:47.760 --> 19:49.760]  There we go.
[19:49.760 --> 19:54.760]  Bumper music was having a little issue with it.
[19:54.760 --> 19:55.760]  Okay.
[19:55.760 --> 19:58.000]  Where were we?
[19:58.000 --> 20:01.000]  So recorders.
[20:01.000 --> 20:03.000]  Recorders are magistrates.
[20:03.000 --> 20:10.560]  Now, I assume when it says recorders are magistrates, they're full fledged magistrates just like
[20:10.560 --> 20:11.920]  any other magistrate.
[20:11.920 --> 20:17.080]  We know the duties and powers of magistrates, right?
[20:17.080 --> 20:26.560]  I would think so, the problem is, we have had a very difficult time establishing what
[20:26.560 --> 20:30.400]  a recorder actually is.
[20:30.400 --> 20:31.400]  And-
[20:31.400 --> 20:35.920]  I thought it was pretty straight and clear, let me go back and find that while you're
[20:35.920 --> 20:36.920]  talking there.
[20:36.920 --> 20:37.920]  Okay.
[20:37.920 --> 20:44.820]  Because it is clear that judges, all judges are magistrates, and that's never a question.
[20:44.820 --> 20:50.920]  Why do you want to establish the clerk as a magistrate?
[20:50.920 --> 20:51.920]  As a recorder?
[20:51.920 --> 20:52.920]  Me?
[20:52.920 --> 20:53.920]  Yeah.
[20:53.920 --> 21:03.680]  Well, to me, it's right there in the code, and yeah, I mean, I'd like to get to the bottom
[21:03.680 --> 21:04.680]  of it.
[21:04.680 --> 21:05.680]  It's fast.
[21:05.680 --> 21:11.080]  No, what I'm saying is, is this just an academic issue, or do you have some strategic reason
[21:11.080 --> 21:12.080]  for that?
[21:12.080 --> 21:15.200]  No, this boy wants to hold somebody accountable, Randy.
[21:15.200 --> 21:20.840]  Yeah, I definitely have a strategic purpose for it.
[21:20.840 --> 21:29.760]  I was wondering if it's valid that a recorder, which would mean the county or district clerk,
[21:29.760 --> 21:37.040]  is a full fledged magistrate, that would mean that a county clerk could hold an examining
[21:37.040 --> 21:38.040]  trial.
[21:38.040 --> 21:45.320]  I mean, what would be the implications of this?
[21:45.320 --> 21:47.840]  We can now take criminal complaints to the county clerk.
[21:47.840 --> 21:52.320]  I mean, to me, that would be a real good way to go ahead and get it in the record, get
[21:52.320 --> 21:53.320]  it on the docket.
[21:53.320 --> 22:01.240]  If they're like the middlemen between the judges and the prosecutor, I mean, how far
[22:01.240 --> 22:02.240]  does this go?
[22:02.240 --> 22:10.600]  I mean, if the recorders and the mayors are also magistrates, what would happen if one
[22:10.600 --> 22:19.200]  of us got into the position of a county recorder?
[22:19.200 --> 22:21.860]  That is an interesting idea.
[22:21.860 --> 22:28.600]  There is something like that, some precedent for that in Tennessee, because it's very clear
[22:28.600 --> 22:38.000]  in Tennessee law that a clerk can hear a criminal complaint, it is your warrant.
[22:38.000 --> 22:43.360]  I tried to get them to and it made them crazy, they didn't think they could do it.
[22:43.360 --> 22:46.700]  But the law was very clear.
[22:46.700 --> 22:48.340]  It's not quite so clear.
[22:48.340 --> 22:52.000]  What did you find, Brett, on recorder?
[22:52.000 --> 22:53.000]  I don't see it yet.
[22:53.000 --> 22:57.200]  I'm going through a whole bunch of results here, so I'll come up with it here in a minute.
[22:57.200 --> 23:05.680]  But I'm pretty sure it was, it wasn't that long ago I read it, the county clerk.
[23:05.680 --> 23:09.680]  So you want to put the clerk on the dime, that would be so much fun.
[23:09.680 --> 23:14.880]  No, no, no, no, no, I want to become the clerk.
[23:14.880 --> 23:15.880]  Oh.
[23:15.880 --> 23:23.920]  Slip in the back door and be able to raise all sorts of confusion and trouble for all
[23:23.920 --> 23:24.920]  of them.
[23:24.920 --> 23:29.920]  Man, you're trying to make everybody follow the law?
[23:29.920 --> 23:32.360]  What are you thinking?
[23:32.360 --> 23:39.480]  Just imagine if you're a county clerk, and most county clerks don't understand this,
[23:39.480 --> 23:44.980]  that you are an elected official in your own right.
[23:44.980 --> 23:49.520]  Most clerks get in, they know nothing about law, and they do whatever the judge tells
[23:49.520 --> 23:50.520]  them.
[23:50.520 --> 23:59.240]  Oh, if you got elected as county clerk, you could clobber the judges.
[23:59.240 --> 24:02.640]  That's what I want to hear, yeah.
[24:02.640 --> 24:09.840]  They would try to control you, but you tell them to go scratch.
[24:09.840 --> 24:12.080]  Right.
[24:12.080 --> 24:19.160]  But the only thing, the only way it could backfire is, I guess some of my political
[24:19.160 --> 24:25.360]  enemies, if I did get it, they might want to come back and start making a whole bunch
[24:25.360 --> 24:31.020]  of public information requests just to try to jam me up and drive me crazy.
[24:31.020 --> 24:38.640]  But I'll have three or four secretaries working for me, so I could just let them deal with
[24:38.640 --> 24:39.640]  it.
[24:39.640 --> 24:42.000]  I don't think anybody could really do anything to me.
[24:42.000 --> 24:45.760]  Well, worst case scenario, you have to hire some more people.
[24:45.760 --> 24:52.240]  Well, you can't do that unless the county commissioner's court allows you to.
[24:52.240 --> 24:53.480]  That's right.
[24:53.480 --> 25:02.580]  But if you have a duty to the people to respond promptly, and you don't have the resources
[25:02.580 --> 25:11.260]  to be able to respond promptly, that duty has got to translate to them authorizing whatever
[25:11.260 --> 25:15.840]  is necessary to support what the people need.
[25:15.840 --> 25:20.780]  Yeah, well, I'd be perfectly capable of arguing in front of the commissioner's court.
[25:20.780 --> 25:31.380]  What I'm thinking is, I could just throw up tons of roadblocks and just screw up all their
[25:31.380 --> 25:37.320]  decades of policy and doing it wrong, for instance, in this county.
[25:37.320 --> 25:44.520]  I'm sure it's similar in other counties, these county prosecutors, they just call down to
[25:44.520 --> 25:50.560]  the clerk's office and say, yeah, issue a warrant for this guy, and then the clerk signs
[25:50.560 --> 25:56.200]  it and issues it, and the neutral CTAS magistrate doesn't even know about it, much less have
[25:56.200 --> 25:57.520]  his signature on the warrant.
[25:57.520 --> 25:59.400]  I could jam that up real quick.
[25:59.400 --> 26:02.040]  I won't issue it.
[26:02.040 --> 26:07.720]  I'll take it straight to the judge, to the magistrate, and he would have to take his
[26:07.720 --> 26:09.960]  signature to issue the warrant.
[26:09.960 --> 26:13.440]  Okay, Kennedy v. State.
[26:13.440 --> 26:20.920]  In order to avoid the obvious evils of the accumulation of power in any one office for
[26:20.920 --> 26:30.000]  the purpose of filing a criminal complaint, a prosecuting attorney is not a credible person.
[26:30.000 --> 26:32.280]  Right.
[26:32.280 --> 26:36.720]  Tell the prosecuting attorney to go scratch.
[26:36.720 --> 26:47.240]  Well, the problem is the current clerk doesn't understand all that, so I corrected them last
[26:47.240 --> 26:48.240]  year.
[26:48.240 --> 26:53.840]  They just thought that if the prosecutor says issue a warrant, then the clerk's office will
[26:53.840 --> 27:00.120]  issue it, and they forgot all about the fact that only a magistrate, only a judge can issue
[27:00.120 --> 27:02.200]  and sign the warrant.
[27:02.200 --> 27:05.480]  Were you listening to the beginning of the show?
[27:05.480 --> 27:08.560]  Uh, yeah.
[27:08.560 --> 27:13.600]  Did you hear the part about 15.09, code of criminal procedure?
[27:13.600 --> 27:17.640]  No, I don't think I called.
[27:17.640 --> 27:24.040]  What you need to do is tattoo that backwards on your forehead so you'll see it every time
[27:24.040 --> 27:26.040]  you look in the mirror.
[27:26.040 --> 27:27.040]  15.09?
[27:27.040 --> 27:28.040]  15.09.
[27:28.040 --> 27:29.040]  Yeah.
[27:29.040 --> 27:40.240]  Here's what it says, when a complaint is forwarded to a magistrate, the magistrate shall issue
[27:40.240 --> 27:42.760]  a warrant forthwith.
[27:42.760 --> 27:46.320]  Okay, right.
[27:46.320 --> 27:54.160]  Don't say anything about examining into this efficiency of an accusation.
[27:54.160 --> 27:57.760]  Here's how it works.
[27:57.760 --> 28:04.080]  The beginning of the show, I did a whole presentment on how prosecuting attorneys do not have prosecutorial
[28:04.080 --> 28:09.220]  discretion to dismiss the case.
[28:09.220 --> 28:15.160]  Only judges and magistrates can do that.
[28:15.160 --> 28:20.020]  So if you're a magistrate and you receive a criminal complaint, you know, I used to
[28:20.020 --> 28:25.920]  interpret the law as the magistrate could make a determination if there was sufficient
[28:25.920 --> 28:28.040]  cause to issue a warrant.
[28:28.040 --> 28:30.580]  They cannot.
[28:30.580 --> 28:33.800]  They must issue a warrant.
[28:33.800 --> 28:40.540]  By making a determination of probable cause, that's an examining trial.
[28:40.540 --> 28:46.360]  And apparently they can't hold an examining trial ex parte.
[28:46.360 --> 28:50.600]  So they don't hold an examining trial when an officer brings them a complaint and asks
[28:50.600 --> 28:52.480]  for a warrant.
[28:52.480 --> 28:55.960]  The magistrate's required to sign it.
[28:55.960 --> 29:05.840]  And that's why when you read a criminal warrant, it always says, arrest this person and bring
[29:05.840 --> 29:09.540]  him before me.
[29:09.540 --> 29:13.520]  Because that magistrate signed the warrant.
[29:13.520 --> 29:19.480]  Now they have to bring the person before him and hold an examining trial.
[29:19.480 --> 29:27.040]  So if I go down and file a criminal complaint against God, they got to arrest him.
[29:27.040 --> 29:35.760]  Or a lesser God, say the governor or the presiding judge of the Supreme Court, which I'm about
[29:35.760 --> 29:37.400]  to do.
[29:37.400 --> 29:44.600]  He's a somewhat lesser God, they're required to issue an arrest warrant.
[29:44.600 --> 29:48.920]  How much fun can you have with that?
[29:48.920 --> 29:49.920]  A lot.
[29:49.920 --> 30:01.200]  Hey, and I found that, but you, go ahead, I'll tell you on the other side of the break.
[30:01.200 --> 30:05.640]  Everyone knows that walking is great exercise, but you might not know that the way you walk
[30:05.640 --> 30:07.680]  could predict how long you're going to live.
[30:07.680 --> 30:12.960]  I'm Dr. Catherine Albrecht, and I'll be back to tell you more about walking prognostication
[30:12.960 --> 30:14.680]  in just a moment.
[30:14.680 --> 30:16.260]  Privacy is under attack.
[30:16.260 --> 30:19.840]  When you give up data about yourself, you'll never get it back again.
[30:19.840 --> 30:24.640]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:24.640 --> 30:29.720]  So protect your rights, say no to surveillance and keep your information to yourself.
[30:29.720 --> 30:32.400]  Privacy, it's worth hanging on to.
[30:32.400 --> 30:36.700]  This public service announcement is brought to you by StartPage.com, the private search
[30:36.700 --> 30:40.240]  engine alternative to Google, Yahoo, and Bing.
[30:40.240 --> 30:43.520]  Start over with StartPage.
[30:43.520 --> 30:47.940]  New research shows how fast you walk could predict how long you're going to live.
[30:47.940 --> 30:52.520]  The Journal of the American Medical Association reports that older adults who walk one meter
[30:52.520 --> 30:55.740]  per second or faster live longer than expected.
[30:55.740 --> 31:00.160]  In case you're wondering, one meter per second is about two and a quarter miles per hour.
[31:00.160 --> 31:04.840]  A senior's age, gender, and walking speed were as good at predicting life expectancy
[31:04.840 --> 31:07.200]  as more traditional statistical measures.
[31:07.200 --> 31:10.240]  Generally speaking, faster walkers live longer.
[31:10.240 --> 31:13.000]  Measuring walking speed is quick and inexpensive.
[31:13.000 --> 31:16.840]  It only takes a stopwatch, some space to walk, and a few minutes.
[31:16.840 --> 31:21.080]  Researchers say it could help doctors identify older patients who need special care.
[31:21.080 --> 31:22.900]  I'm Dr. Catherine Albrecht.
[31:22.900 --> 31:31.160]  More news and information at CatherineAlbrecht.com.
[31:52.900 --> 32:11.400]  I'm Dr. Catherine Albrecht, and I'll see you in the next video.
[32:11.400 --> 32:36.800]  I'm Dr. Catherine Albrecht, and I'll see you in the next video.
[32:36.800 --> 32:41.240]  We begin in the book of Matthew, where we will discuss one chapter per week.
[32:41.240 --> 32:46.320]  Our topical Bible studies will vary each week, and we'll explore sound doctrine as well as
[32:46.320 --> 32:48.540]  Christian character development.
[32:48.540 --> 32:54.600]  So mark your calendar and join us live on LogosRadioNetwork.com, Wednesdays from 8 to
[32:54.600 --> 33:02.400]  10 p.m. starting January 8, for an inspiring and motivating discussion of the Scriptures.
[33:02.400 --> 33:19.840]  Free Speech Radio, LogosRadioNetwork.com.
[33:19.840 --> 33:46.400]  I'm Dr. Catherine Albrecht, and I'll see you in the next video.
[33:49.840 --> 33:57.140]  Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Adam
[33:57.140 --> 33:58.140]  in Texas.
[33:58.140 --> 34:07.080]  And Adam, with as much grief as you've been causing, this particular article in the Code
[34:07.080 --> 34:14.720]  of Quernal Procedure, it frustrated me on how many times I had read that, and it never
[34:14.720 --> 34:19.240]  really clicked what I was seeing.
[34:19.240 --> 34:22.220]  No discretion at all.
[34:22.220 --> 34:23.220]  Must issue.
[34:23.220 --> 34:29.320]  Oh, you can drive these people crazy.
[34:29.320 --> 34:32.400]  How are they going to defend against you, Adam?
[34:32.400 --> 34:33.400]  I'm sorry?
[34:33.400 --> 34:36.120]  Did you take a look at that 1509?
[34:36.120 --> 34:44.600]  Yeah, I mean, I've read that countless times, but you know, it never really dawned on me
[34:44.600 --> 34:45.600]  either.
[34:45.600 --> 34:46.600]  I'll go reread it.
[34:46.600 --> 34:47.600]  Right.
[34:47.600 --> 34:56.960]  Because 2.09, you know, if a recorder is a magistrate and a recorder is a county district
[34:56.960 --> 35:03.120]  clerk, then that means a clerk can sign and issue a warrant because they're also a magistrate.
[35:03.120 --> 35:06.760]  No, not the district clerk, only the county clerk, not the district clerk.
[35:06.760 --> 35:10.680]  Let me read you what I found about that.
[35:10.680 --> 35:19.960]  So in our Constitution, it is Article 5, Section 20, and it says, let me get that up here.
[35:19.960 --> 35:25.280]  It says, county clerk, there shall be elected for each county by the qualified voters, a
[35:25.280 --> 35:30.600]  county clerk, who shall hold his office for four years, who shall be clerk of the county
[35:30.600 --> 35:38.320]  and commissioners courts and recorder of the county, whose duties, perquisites, and fees
[35:38.320 --> 35:45.400]  of office shall be prescribed by the legislature, blah, blah, blah, blah, blah, blah, blah.
[35:45.400 --> 35:52.080]  And there's also a provision in our, is that the government code or local government code?
[35:52.080 --> 35:53.500]  Let me see here.
[35:53.500 --> 36:01.040]  Local government code, and it's Section 191.001.
[36:01.040 --> 36:02.600]  That's Texas local government code.
[36:02.600 --> 36:10.560]  It says, county recorder, seal, general duties, as provided by Article 5, Section 20 of the
[36:10.560 --> 36:17.240]  Texas Constitution, the county clerk of a county serves as the county recorder.
[36:17.240 --> 36:21.760]  The county clerk shall use the county court seal to authenticate all of the clerk's official
[36:21.760 --> 36:24.920]  acts as county recorder.
[36:24.920 --> 36:27.560]  And then some more, blah, blah, blah.
[36:27.560 --> 36:33.720]  So that's straight up pretty clear that it's the county clerk we're talking about.
[36:33.720 --> 36:42.360]  If you see it says the recorder, that's the constitutional, they call it recorder.
[36:42.360 --> 36:48.360]  But we don't have somebody separate, we have the county clerk acting as both.
[36:48.360 --> 36:57.920]  I'm taking that to mean the one who records the business of the court.
[36:57.920 --> 37:00.760]  And that's precisely what the clerk does.
[37:00.760 --> 37:03.960]  I think we can make a really good argument for that.
[37:03.960 --> 37:04.960]  Yeah.
[37:04.960 --> 37:10.160]  And if you get yourself into that position, that would be a really great position to get
[37:10.160 --> 37:13.320]  some people to follow the law.
[37:13.320 --> 37:15.800]  That's what I'm thinking.
[37:15.800 --> 37:22.680]  I think, yeah, I could just put myself right in the middle of it, just start doing that.
[37:22.680 --> 37:23.680]  Yeah.
[37:23.680 --> 37:29.680]  And for a county recorder, you don't have to have any legal background.
[37:29.680 --> 37:35.080]  I suspect if you did that, Adam, you would cause a lot more issues because one of the
[37:35.080 --> 37:41.680]  first things you're required to do is go to state authorized training.
[37:41.680 --> 37:47.360]  And you're probably not going to be happy with all the stuff they're telling you to
[37:47.360 --> 37:49.360]  do.
[37:49.360 --> 37:51.840]  Right.
[37:51.840 --> 37:56.920]  Good chance you'll take them on big time.
[37:56.920 --> 38:02.160]  The mandatory training requirement.
[38:02.160 --> 38:04.780]  Mandatory training requirement.
[38:04.780 --> 38:14.400]  And they're training clerks not in law, but in policy and procedure to doing that with
[38:14.400 --> 38:17.440]  JPs and everybody.
[38:17.440 --> 38:20.920]  So I suspect when you get in there and they start telling you stuff to do, you're likely
[38:20.920 --> 38:28.520]  to have some opinions.
[38:28.520 --> 38:37.960]  I'm going to bet if you get county clerk, you will not get many Christmas cards.
[38:37.960 --> 38:41.640]  You don't get invited to the doe golfing.
[38:41.640 --> 38:43.280]  Okay.
[38:43.280 --> 38:47.280]  That's a really great idea.
[38:47.280 --> 38:48.280]  Okay.
[38:48.280 --> 38:50.320]  But do you have anything else for us?
[38:50.320 --> 38:52.400]  No, no, no, no.
[38:52.400 --> 38:54.360]  Y'all go next door.
[38:54.360 --> 38:56.000]  Oh, but keep it up.
[38:56.000 --> 38:58.640]  I would like to see you as clerk.
[38:58.640 --> 38:59.640]  Okay.
[38:59.640 --> 39:00.640]  Thank you, Adam.
[39:00.640 --> 39:03.600]  Now we're going to go to Troy in Texas.
[39:03.600 --> 39:05.160]  Hello, Troy.
[39:05.160 --> 39:08.920]  Hello, Randy and Brett.
[39:08.920 --> 39:10.960]  What do you have for us today?
[39:10.960 --> 39:20.640]  Randy, I met you a few months ago in Decatur and I mailed you some booklets on trust and
[39:20.640 --> 39:23.320]  I hope that was all helpful for you.
[39:23.320 --> 39:27.960]  And I've sent you a couple of emails since then and haven't heard from you.
[39:27.960 --> 39:34.160]  So I would just call and ask you to see if you were mad at me or anything.
[39:34.160 --> 39:37.840]  No, I'm trying to remember meeting you.
[39:37.840 --> 39:43.920]  Well, we met at Applebee's and then we went to a Chinese joint.
[39:43.920 --> 39:44.920]  Oh, okay.
[39:44.920 --> 39:46.920]  Now I remember.
[39:46.920 --> 39:49.440]  Oh, Buzzard, Graybeard.
[39:49.440 --> 39:52.240]  Yes, that's me.
[39:52.240 --> 39:53.240]  Okay.
[39:53.240 --> 39:56.320]  Almost as old as me.
[39:56.320 --> 40:02.120]  Maybe in the email you didn't realize it was me emailing you is probably what it was.
[40:02.120 --> 40:05.080]  Good chance that I didn't.
[40:05.080 --> 40:08.680]  I tend to forget sometimes.
[40:08.680 --> 40:10.560]  That's every time I go to sleep.
[40:10.560 --> 40:11.560]  Yeah.
[40:11.560 --> 40:12.560]  Okay.
[40:12.560 --> 40:13.560]  Okay.
[40:13.560 --> 40:21.840]  Yes, I do remember, but I don't remember seeing emails from you.
[40:21.840 --> 40:30.360]  Well, because I use two different emails, each email I mailed you.
[40:30.360 --> 40:31.840]  Okay.
[40:31.840 --> 40:34.400]  That may be the reason because I don't remember seeing them.
[40:34.400 --> 40:37.280]  Do you have any questions or comments for us today?
[40:37.280 --> 40:39.000]  No, that was it.
[40:39.000 --> 40:44.700]  That's why I called in just short and sweet and I want to wish Logos Radio Network many
[40:44.700 --> 40:49.000]  blessings and thank you for all your hard work, Randy and Brett.
[40:49.000 --> 40:51.200]  Well, thank you very much.
[40:51.200 --> 40:52.200]  Thanks.
[40:52.200 --> 40:53.200]  Okay.
[40:53.200 --> 41:00.800]  Well, we have an hour and 20 minutes left and we have empty call board.
[41:00.800 --> 41:08.120]  So if you have a question or comment, give us a call and for me, this is a good opportunity
[41:08.120 --> 41:18.200]  for us to go back to some of these issues on the procedure for going after public officials,
[41:18.200 --> 41:20.360]  the routine as we call it.
[41:20.360 --> 41:32.540]  Earlier, I tried to do a quick introduction to it, but it became a quagmire because it
[41:32.540 --> 41:36.520]  takes some understanding.
[41:36.520 --> 41:39.800]  First it takes an understanding of who we are.
[41:39.800 --> 41:43.880]  That's the most important part of all.
[41:43.880 --> 41:47.440]  Let's go to constitution.
[41:47.440 --> 41:55.380]  Most people think that the constitution grants you certain rights and privileges and we like
[41:55.380 --> 41:57.000]  to dispel that early on.
[41:57.000 --> 42:00.780]  It does no such thing.
[42:00.780 --> 42:01.780]  Constitution grants you nothing.
[42:01.780 --> 42:08.520]  You have judges saying, don't bring the constitution in my court and people hear that and they
[42:08.520 --> 42:13.720]  get all excited about it and they don't understand.
[42:13.720 --> 42:17.400]  The constitution is not about you.
[42:17.400 --> 42:26.280]  The constitution merely tells public officials what they can and cannot do and it is not
[42:26.280 --> 42:31.440]  appropriate to bring the constitution itself into court.
[42:31.440 --> 42:39.660]  What you bring into court are those statutes that address violations of constitutionally
[42:39.660 --> 42:41.400]  protected rights.
[42:41.400 --> 42:44.560]  Brett, does that make sense?
[42:44.560 --> 42:46.520]  Yeah, absolutely.
[42:46.520 --> 42:55.080]  Everything that's in the, every restriction that's put in the constitution has been codified
[42:55.080 --> 42:57.320]  into code.
[42:57.320 --> 43:05.040]  So the judges want you to bring the code into their court, not the constitution itself.
[43:05.040 --> 43:11.000]  Let's take 39.03 Texas Penal Code.
[43:11.000 --> 43:20.840]  The constitution grants you the right to due process and due process has been broken down
[43:20.840 --> 43:26.800]  over time through case law into a substantive and procedural.
[43:26.800 --> 43:30.720]  Substantive, if a policeman pulls you over and drags you out of the car and beat you
[43:30.720 --> 43:43.320]  over the head without you trying to hurt him, that's a substantive due process violation.
[43:43.320 --> 43:53.120]  If a policeman arrests you and fails to follow procedure, that's a procedural due process
[43:53.120 --> 43:54.120]  violation.
[43:54.120 --> 44:00.600]  And there are statutes to address all of the different...
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[45:52.280 --> 46:22.200]  Please visit RuleOfLawRadio.com and click on the banner or call toll free 866-LAW-EASY.
[46:22.280 --> 46:33.120]  Well, we are back.
[46:33.120 --> 46:35.640]  Randy Kelton, Brett Fountain, Rule of Law Radio.
[46:35.640 --> 46:43.440]  It looks like nobody wants me talking about all this due process stuff because as soon
[46:43.440 --> 46:52.000]  as I started out on my little soliloquy, the board filled up and it started out with someone
[46:52.000 --> 47:01.480]  and the first one is someone much more eloquent than me except when she's churlish.
[47:01.480 --> 47:03.520]  Hello Miss Tina.
[47:03.520 --> 47:12.880]  I am never churlish, you know that, only you are churlish.
[47:12.880 --> 47:19.520]  For those of you who don't know, that's an inside joke with us.
[47:19.520 --> 47:28.480]  We have to remind Tina that she speaks with a strange foreign accent.
[47:28.480 --> 47:33.640]  We think English is a second language for her and she thinks we're the ones that speak
[47:33.640 --> 47:35.360]  with an accent.
[47:35.360 --> 47:41.000]  Okay, what do you have for us today?
[47:41.000 --> 47:47.720]  Well, I was wondering, I pulled a little Randy the other day and contacted our local district
[47:47.720 --> 47:56.160]  attorney because they have spent two years investigating this business that we are in
[47:56.160 --> 48:02.280]  an adversary proceeding with because she stole a lot of people's money and property and they
[48:02.280 --> 48:08.960]  still haven't charged us so I said I'm invoking his duties and his promise to the taxpayers
[48:08.960 --> 48:13.840]  and the people of his county and he responded within 20 minutes, you know this was late
[48:13.840 --> 48:20.280]  at night and said he was glad I contacted him, he has 10,000 cases a year, he doesn't
[48:20.280 --> 48:21.840]  get to see many of them.
[48:21.840 --> 48:30.120]  Well, one of our other plaintiffs contacted his assistant DA today and he said it seems
[48:30.120 --> 48:38.320]  like he has really no clue what's going on and he didn't really answer questions very
[48:38.320 --> 48:48.080]  well and although they said well we are planning to file charges, my question is, DA puts a
[48:48.080 --> 48:57.960]  lot of fancy flowery words on his website, do we ask for a personal meeting today or
[48:57.960 --> 49:04.120]  do we say we'd like to have the meeting with you and your assistant and the prosecutor
[49:04.120 --> 49:07.240]  who's supposedly been investigating?
[49:07.240 --> 49:16.200]  I'm going to suggest that you do the prosecutor's work for him, that you write up a document
[49:16.200 --> 49:26.960]  as a statement, a presentation to the grand jury, you write it in such a way that he can
[49:26.960 --> 49:33.280]  file this with the grand jury, step up before them, walk down this thing and present the
[49:33.280 --> 49:41.320]  case complete to the grand jury and he doesn't have to do any legwork, any research.
[49:41.320 --> 49:47.280]  He can do this without costing him a lot of money and he's more likely to get it done,
[49:47.280 --> 49:57.680]  especially if you have it in the form of a legal brief, and you've been suing these people
[49:57.680 --> 50:07.320]  so you have all of this pretty well briefed out already.
[50:07.320 --> 50:13.720]  So it's kind of like we did with the prosecutor, get him everything he needs and more you give
[50:13.720 --> 50:19.760]  him on the front end, the easier it is for him to give you what you want.
[50:19.760 --> 50:24.020]  Make him look good.
[50:24.020 --> 50:31.820]  It's always that way with officials, if you've ever lobbied for legislation, we want to go
[50:31.820 --> 50:36.360]  to our legislators and ask them to pass these new laws.
[50:36.360 --> 50:45.580]  Well, there's a lot involved in that and the legislature doesn't have the money to do it,
[50:45.580 --> 50:47.700]  he doesn't have the budget.
[50:47.700 --> 50:53.880]  So if you want new law, you have to do all the work for him, it's called a white paper.
[50:53.880 --> 50:58.980]  You have to build a white paper form that answers everybody's questions, that tells
[50:58.980 --> 51:06.360]  them how it's going to affect other laws, what it's going to cost, all this he needs
[51:06.360 --> 51:09.840]  to have, then he can take your project and run with it.
[51:09.840 --> 51:15.800]  But if you just ask him to do this, he's going to look at his budget and if it's a lot of
[51:15.800 --> 51:19.080]  work he don't have the time or funds to do it.
[51:19.080 --> 51:25.000]  Here's essentially same way, he's got a huge docket, he's got a lot to do.
[51:25.000 --> 51:29.920]  If you want him to pick yours up, give him everything he needs.
[51:29.920 --> 51:30.920]  Go ahead, Tina.
[51:30.920 --> 51:39.560]  Yeah, he's got over 70 people who have filed complaints with him on this same subject.
[51:39.560 --> 51:49.160]  Can you get all of those 17 people's complaints and combine them into a single presentation?
[51:49.160 --> 51:55.320]  Well, we can't because we don't know all the names of the 70 people and they obviously
[51:55.320 --> 51:59.420]  can't give them- Okay, contact this assistant DA and say you
[51:59.420 --> 52:07.440]  understand there's been 17 other people that if you, these criminal complaints are not
[52:07.440 --> 52:13.920]  secret, tell him if you will give me those complaints, I will look at them and write
[52:13.920 --> 52:19.960]  you a brief that you can use as a presentation to the grand jury so we save you guys a lot
[52:19.960 --> 52:20.960]  of time.
[52:20.960 --> 52:21.960]  Okay.
[52:21.960 --> 52:27.640]  If you do his work for him, he's more likely to give you what you want.
[52:27.640 --> 52:34.240]  Okay, we'll see if we can get that because we just don't want them to miss the statute
[52:34.240 --> 52:36.880]  of limitations on filing it.
[52:36.880 --> 52:42.520]  They've done that once before, they missed it by one day on a doctor that they was charging
[52:42.520 --> 52:47.980]  and she got off scot-free because they missed filing it by one day.
[52:47.980 --> 52:54.520]  So these are the things you need to look at to get him to do this.
[52:54.520 --> 52:57.440]  Give him everything he needs.
[52:57.440 --> 53:02.120]  Try to anticipate all of the issues that will be brought up.
[53:02.120 --> 53:05.440]  Have him arguments, that's what your brief is for.
[53:05.440 --> 53:06.480]  Okay.
[53:06.480 --> 53:10.240]  So he can look at it and say, I got everything I need, I'm not going to have to do any more
[53:10.240 --> 53:11.240]  work.
[53:11.240 --> 53:12.240]  Then he's likely to do it.
[53:12.240 --> 53:13.240]  Okay.
[53:13.240 --> 53:14.240]  Sounds good.
[53:14.240 --> 53:18.640]  Then we'll get to work together and we'll work on that.
[53:18.640 --> 53:24.680]  I want to make sure, you know, he follows up on his written promise on his website.
[53:24.680 --> 53:27.600]  Yes, you tend to be very thorough.
[53:27.600 --> 53:30.340]  So I think this will work out for you.
[53:30.340 --> 53:31.340]  And persistent.
[53:31.340 --> 53:32.340]  Okay, sounds good.
[53:32.340 --> 53:35.800]  That's one thing that they don't really appreciate about you.
[53:35.800 --> 53:39.440]  Brett, Brett, don't you dare say churlish.
[53:39.440 --> 53:41.440]  Oh no, no.
[53:41.440 --> 53:45.080]  Brett would never say that.
[53:45.080 --> 53:50.080]  He's my friend.
[53:50.080 --> 53:55.200]  I like that word because it's so juicy.
[53:55.200 --> 54:03.040]  It's just crammed with negative connotations.
[54:03.040 --> 54:07.360]  I want to know if you can't get against any of these officials that you're going against
[54:07.360 --> 54:10.720]  in Austin or wherever.
[54:10.720 --> 54:15.160]  Oh, did you hear my presentation at the beginning?
[54:15.160 --> 54:19.360]  No, I missed it because we were at dinner.
[54:19.360 --> 54:21.320]  Okay, you missed some good stuff.
[54:21.320 --> 54:26.000]  I have taken you, okay, we took your complaints.
[54:26.000 --> 54:27.680]  You filed them.
[54:27.680 --> 54:33.280]  They messed with them for almost a year and then they ducked and run for cover.
[54:33.280 --> 54:36.640]  They claimed they didn't have jurisdiction.
[54:36.640 --> 54:44.560]  And I wrote a claim, a criminal complaint against the prosecutor for exercising that
[54:44.560 --> 54:56.640]  discretion because I maintain that the prosecutor had no power to exercise prosecutorial discretion.
[54:56.640 --> 55:06.200]  Now I have seen prosecutorial discretion addressed in the case law and in my statement I addressed
[55:06.200 --> 55:17.520]  that case law addressing prosecutorial discretion notwithstanding, the prosecutor has no power
[55:17.520 --> 55:21.760]  to dismiss the case.
[55:21.760 --> 55:27.080]  Other states allow prosecutorial discretion but the Fed allows a certain amount and that's
[55:27.080 --> 55:30.880]  why I said other states notwithstanding.
[55:30.880 --> 55:41.380]  In Texas, the law is very clear and has been carefully crafted to eliminate the possibility
[55:41.380 --> 55:45.960]  of any prosecutorial discretion.
[55:45.960 --> 55:55.000]  And the one citation I like to quote is Kennedy v State, in order to avoid the obvious evils
[55:55.000 --> 56:01.840]  of the accumulation of power in any one office for the purpose of filing a criminal complaint,
[56:01.840 --> 56:07.800]  a prosecuting attorney is not a credible person.
[56:07.800 --> 56:11.920]  That was the position of the legislature.
[56:11.920 --> 56:17.160]  We could have allowed prosecutors to make these determinations but our legislature went
[56:17.160 --> 56:23.720]  to great lengths to make sure that did not happen.
[56:23.720 --> 56:32.720]  They required that every complaint filed by a person or an officer be filed with some
[56:32.720 --> 56:41.880]  magistrate, not the police department, not the prosecuting attorney, but some magistrate.
[56:41.880 --> 56:50.020]  And under 1509, we talked about that with the last caller, when a judge receives this
[56:50.020 --> 56:59.080]  complaint under 1509, he is commanded to issue a warrant.
[56:59.080 --> 57:06.480]  That should have perked up your spidey senses.
[57:06.480 --> 57:10.440]  It didn't say anything about jurisdiction.
[57:10.440 --> 57:16.600]  If the person is a Texas residential issue award, use your warrant, period.
[57:16.600 --> 57:27.280]  No one has done any evaluation of your accusation because no one so far has the power to examine
[57:27.280 --> 57:29.800]  into these legal documents.
[57:29.800 --> 57:37.800]  Prosecutor doesn't, nobody does, but a magistrate or a trial judge.
[57:37.800 --> 57:42.200]  They're the only two who can dismiss a prosecution.
[57:42.200 --> 57:46.080]  Magistrate can do it at an examining trial.
[57:46.080 --> 57:57.120]  A trial judge can dismiss a prosecution on a petition to dismiss from the defendant.
[57:57.120 --> 58:02.280]  That's the only place in law anyone is allowed to dismiss prosecution.
[58:02.280 --> 58:08.400]  It doesn't say anything about the prosecuting attorney.
[58:08.400 --> 58:17.920]  We put together grand juries to protect the public from prosecuting attorneys.
[58:17.920 --> 58:22.680]  Prosecutors claim that they should be the ones to make the terminations whether or not
[58:22.680 --> 58:29.360]  to prosecute because they were learned counsel and they were the ones that had to prosecute
[58:29.360 --> 58:30.360]  the case.
[58:30.360 --> 58:38.920]  Our legislators were well aware of that and they said, absolutely not.
[58:38.920 --> 58:40.600]  They understood the perils.
[58:40.600 --> 58:43.320]  Hang on, go into our sponsors.
[58:43.320 --> 59:12.760]  We'll be right back.
[59:13.320 --> 59:18.400]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.400 --> 59:22.880]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:22.880 --> 59:27.820]  of salvation, growing in Christ, and how to build up the church.
[59:27.820 --> 59:32.840]  To order your free New Testament recovery version and Basic Elements of the Christian
[59:32.840 --> 59:45.600]  Life, call Bibles for America toll-free at 888-551-0102, that's 888-551-0102, or visit
[59:45.600 --> 01:00:00.640]  us online at bfa.org.
[01:00:00.640 --> 01:00:06.640]  And following these flashes brought to you by the Lone Star Lowdown.
[01:00:06.640 --> 01:00:11.760]  Markets for Monday, the 22nd of July 2019 open with precious metals, gold at $1,429
[01:00:11.760 --> 01:00:20.880]  an ounce, silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.63 a barrel,
[01:00:20.880 --> 01:00:29.200]  Brent crude $62.47 a barrel, and crypto is in order of market cap, bitcoin core $10,566.52,
[01:00:29.200 --> 01:00:40.680]  ethereum $227.26, xrp ripple $0.33, litecoin $100.31, and bitcoin cash is at $324.10 a
[01:00:40.680 --> 01:00:42.680]  crypto coin.
[01:00:42.680 --> 01:00:52.280]  Today in history, the year 1916, the Preparedness Day bombing, a timed suitcase bomb was detonated
[01:00:52.280 --> 01:00:57.600]  on Market Street in San Francisco during the World War I Preparedness Day parade, killing
[01:00:57.600 --> 01:01:04.600]  10 and injuring 40.
[01:01:04.600 --> 01:01:09.760]  In recent news, since Gov. Greg Abbott signed House Bill 1325 legalizing hemp in a Texas
[01:01:09.760 --> 01:01:14.240]  law back in June, county prosecutors around the state including Houston, Austin, and San
[01:01:14.240 --> 01:01:18.680]  Antonio have been dropping marijuana possession charges and even refusing to file new ones
[01:01:18.680 --> 01:01:22.580]  since they are stipulating that they do not have the time or the laboratory equipment
[01:01:22.580 --> 01:01:24.680]  to test the herb for THC.
[01:01:24.680 --> 01:01:28.280]  Margaret Moore, the Travis County District Attorney announced earlier this month that
[01:01:28.280 --> 01:01:33.160]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:01:33.160 --> 01:01:34.160]  law.
[01:01:34.160 --> 01:01:37.440]  Mr. Abbott and other state officials, including the Attorney General stipulated in a letter
[01:01:37.440 --> 01:01:41.920]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:01:41.920 --> 01:01:48.080]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works.
[01:01:48.080 --> 01:01:54.240]  As well as other cities too, like the District Attorney, in El Paso, Jaime Esparza, a Democrat
[01:01:54.240 --> 01:01:58.800]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:01:58.800 --> 01:02:01.480]  prosecution of marijuana cases in El Paso.
[01:02:01.480 --> 01:02:06.560]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[01:02:06.560 --> 01:02:10.940]  in Harris County who stated that, quote, the law is constantly changing on what makes something
[01:02:10.940 --> 01:02:13.280]  illegal based on its chemical makeup.
[01:02:13.280 --> 01:02:17.160]  It's important that if someone is charged with something, the test matches what they're
[01:02:17.160 --> 01:02:22.400]  charged with.
[01:02:22.400 --> 01:02:27.080]  A paper by Tulane University identified a five and a half inch American pocket shark
[01:02:27.080 --> 01:02:32.200]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[01:02:32.200 --> 01:02:37.840]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[01:02:37.840 --> 01:02:39.320]  Pacific Ocean.
[01:02:39.320 --> 01:02:43.640]  According to the university paper, the shark secretes a luminous fluid from a gland near
[01:02:43.640 --> 01:02:45.480]  its front fins.
[01:02:45.480 --> 01:02:53.560]  For the purpose, it is hypothesized to lure and prey who may be drawn into the glow.
[01:02:53.560 --> 01:03:23.400]  This is Brooke Rode with your lowdown for July 22nd, 2019.
[01:03:23.560 --> 01:03:44.280]  OK, we are back.
[01:03:44.280 --> 01:03:52.000]  Randy Kelton, Brett Fountain, Rule of Law Radio on this the third day of December 2021.
[01:03:52.000 --> 01:03:59.040]  And we're talking to Miss Tina in California and what it gets to.
[01:03:59.040 --> 01:04:05.240]  And you really need to look at this in California law.
[01:04:05.240 --> 01:04:13.920]  The prosecuting attorney has a set of duties and they're listed in Texas Code of Criminal
[01:04:13.920 --> 01:04:19.920]  Procedure 2.01 through 2.06.
[01:04:19.920 --> 01:04:26.440]  2.01 tells him this shall be the primary duty of the prosecuting attorney not to secure
[01:04:26.440 --> 01:04:29.720]  conviction but to ensure that justice is served.
[01:04:29.720 --> 01:04:33.920]  He shall not seek witnesses or evidence that would show the innocence of the accused or
[01:04:33.920 --> 01:04:35.560]  mitigate the guilt of the accused.
[01:04:35.560 --> 01:04:41.200]  Well, you know, that's a really nice idea, but it really doesn't tell the prosecutor
[01:04:41.200 --> 01:04:44.200]  to do anything specific.
[01:04:44.200 --> 01:04:52.000]  202 says that the county attorney will handle this stuff.
[01:04:52.000 --> 01:04:54.680]  District attorney handled this stuff.
[01:04:54.680 --> 01:05:00.560]  2.03, when a complaint's made against a public official, he's to reduce the complaint to
[01:05:00.560 --> 01:05:03.340]  information submitted to the grand jury.
[01:05:03.340 --> 01:05:04.340]  No discretion.
[01:05:04.340 --> 01:05:10.440]  When a complaint, 204, when a complaint's made against a private citizen.
[01:05:10.440 --> 01:05:13.680]  Can you pull up 204 for me, Brett?
[01:05:13.680 --> 01:05:16.400]  Yeah, shall draw complaints.
[01:05:16.400 --> 01:05:17.400]  There we go.
[01:05:17.400 --> 01:05:22.800]  Upon complaint being made before a district or county attorney that an offense has been
[01:05:22.800 --> 01:05:28.560]  committed in his district or county, he shall reduce the complaint to writing and cause
[01:05:28.560 --> 01:05:33.600]  the same to be signed and sworn to by the complainant.
[01:05:33.600 --> 01:05:37.440]  And it shall be duly attested by said attorney.
[01:05:37.440 --> 01:05:42.440]  Okay, that tells him he's to take complaints when they're brought to him.
[01:05:42.440 --> 01:05:44.000]  205.
[01:05:44.000 --> 01:05:45.000]  What is this attested over here?
[01:05:45.000 --> 01:05:46.000]  Verified.
[01:05:46.000 --> 01:05:48.920]  It's not a rabbit trail you don't wanna deal with right now.
[01:05:48.920 --> 01:05:53.900]  No, attested is someone swears to it.
[01:05:53.900 --> 01:06:00.840]  Does this attested have within its scope that the person doing this attesting, this district
[01:06:00.840 --> 01:06:06.920]  or county attorney, could look at this thing and say, wait a minute, that's a bald-faced
[01:06:06.920 --> 01:06:08.560]  lie.
[01:06:08.560 --> 01:06:17.760]  No, nothing in there says, if I come in there and I say this, that or the other.
[01:06:17.760 --> 01:06:20.040]  The sky is flashing black and white.
[01:06:20.040 --> 01:06:21.040]  Yeah.
[01:06:21.040 --> 01:06:25.880]  And you sign it and you complain and then he just signs underneath it.
[01:06:25.880 --> 01:06:33.000]  Yeah, only thing attesting, he's just affirming that you did in fact say this.
[01:06:33.000 --> 01:06:40.800]  So then 205, so 204, he can take complaints, 205, he's to-
[01:06:40.800 --> 01:06:45.600]  205 is when the complaint is made.
[01:06:45.600 --> 01:06:51.440]  If it's a misdemeanor, he shall forthwith prepare an information based on such complaint
[01:06:51.440 --> 01:06:54.840]  and file the same in the court having jurisdiction.
[01:06:54.840 --> 01:06:59.960]  If the offense be a felony, he shall forthwith file the complaint with a magistrate of the
[01:06:59.960 --> 01:07:00.960]  county.
[01:07:00.960 --> 01:07:07.520]  So he's either, he's got one process he's supposed to go through for a misdemeanor and
[01:07:07.520 --> 01:07:10.880]  another for a felony.
[01:07:10.880 --> 01:07:16.680]  And then 206 allows him to verify criminal complaints.
[01:07:16.680 --> 01:07:19.400]  Yeah, he can take the oath.
[01:07:19.400 --> 01:07:28.320]  And then 207 addresses where he would be disqualified.
[01:07:28.320 --> 01:07:34.740]  As in this case, where we filed criminal charges against him.
[01:07:34.740 --> 01:07:47.760]  And then 208 allows a district court, a district judge to appoint a prosecutor to stand in
[01:07:47.760 --> 01:07:54.440]  the original prosecutor's shoes when he's disqualified.
[01:07:54.440 --> 01:08:00.500]  None of that goes to any discretion whatsoever.
[01:08:00.500 --> 01:08:07.880]  So my argument is there is nothing in law that gives a prosecutor discretion.
[01:08:07.880 --> 01:08:16.240]  The only ones that can exercise discretion based on the sufficiency of a complaint is
[01:08:16.240 --> 01:08:18.200]  a magistrate.
[01:08:18.200 --> 01:08:24.600]  The only one who can dismiss a prosecution in the interest of justice is a trial court
[01:08:24.600 --> 01:08:28.120]  judge, nobody else.
[01:08:28.120 --> 01:08:32.680]  I don't think these attorneys know that.
[01:08:32.680 --> 01:08:33.680]  I think they know that.
[01:08:33.680 --> 01:08:38.200]  They seem to be under the impression that they can just dismiss whatever they want to
[01:08:38.200 --> 01:08:41.360]  and prevent whatever they want from ever getting to a court.
[01:08:41.360 --> 01:08:42.360]  And I'm doing-
[01:08:42.360 --> 01:08:45.160]  At least that's the way their actions seem to tell what they think.
[01:08:45.160 --> 01:08:56.280]  Yes, and I'm doing everything I can to educate them because I'm going after them personally.
[01:08:56.280 --> 01:09:03.160]  In this case, I accused the prosecuting attorney, there were two of them, an ADA, Assistant
[01:09:03.160 --> 01:09:04.460]  District Attorney.
[01:09:04.460 --> 01:09:12.140]  I accused them of conspiring one with the other to obstruct justice and shield the accused
[01:09:12.140 --> 01:09:13.560]  from prosecution.
[01:09:13.560 --> 01:09:22.360]  And I filed out with the grand jury through the head investigator for the district attorney's
[01:09:22.360 --> 01:09:23.360]  office.
[01:09:23.360 --> 01:09:26.400]  I told her to give this grand jury, do not open it.
[01:09:26.400 --> 01:09:29.480]  Tell your boss, do not open it.
[01:09:29.480 --> 01:09:31.740]  It's a trap.
[01:09:31.740 --> 01:09:35.640]  He opened it and he found the trap.
[01:09:35.640 --> 01:09:43.240]  The trap was that it contained criminal charges against the DA.
[01:09:43.240 --> 01:09:51.800]  So now he's stuck with tampering with evidence, and tampering with evidence in a matter of
[01:09:51.800 --> 01:09:56.140]  a criminal complaint against himself.
[01:09:56.140 --> 01:10:00.320]  So what's he do now?
[01:10:00.320 --> 01:10:06.460]  There's nothing he can do, but there was something I could do.
[01:10:06.460 --> 01:10:11.360]  When he didn't give that complaint to the grand jury, I filed a, prepared a set of complaints
[01:10:11.360 --> 01:10:17.800]  against all the district judges in Travis County, ordering them to issue a warrant under
[01:10:17.800 --> 01:10:21.080]  15.09.
[01:10:21.080 --> 01:10:27.440]  Did you hear that part, Tina?
[01:10:27.440 --> 01:10:30.400]  I think I put Tina to sleep.
[01:10:30.400 --> 01:10:32.880]  I tend to have this effect on people.
[01:10:32.880 --> 01:10:38.400]  You didn't put me to sleep, you didn't put me to sleep, I had the mute button on.
[01:10:38.400 --> 01:10:47.240]  So what we found here is 15.09.
[01:10:47.240 --> 01:10:53.680]  I read it I don't know how many times and it never clicked in my brain what I was seeing.
[01:10:53.680 --> 01:10:58.520]  When the prosecutor refused to give criminal complaints against himself to the grand jury,
[01:10:58.520 --> 01:11:02.020]  now I'm charging him for shielding from prosecution.
[01:11:02.020 --> 01:11:10.080]  And I'm filing this with all of the district judges in Travis County, and I'm asking them
[01:11:10.080 --> 01:11:17.000]  to hold an examining trial into my accusation against the prosecutor.
[01:11:17.000 --> 01:11:24.360]  Now first I asked him to issue a warrant under 15.09.
[01:11:24.360 --> 01:11:32.120]  Then I asked them to hold an examining trial, and if they true bill, I'm sorry, if they
[01:11:32.120 --> 01:11:40.600]  find probable cause, then they are to petition the head administrative judge of the local
[01:11:40.600 --> 01:11:49.320]  district to appoint a district attorney for the purpose of holding a court of inquiry.
[01:11:49.320 --> 01:11:55.400]  As far as I know, Texas is the only state that has a court of inquiry.
[01:11:55.400 --> 01:12:00.120]  Now with all this said, it's not my purpose to get the district attorney removed from
[01:12:00.120 --> 01:12:03.600]  office.
[01:12:03.600 --> 01:12:10.700]  Not my place, but it is my place to report violations of law.
[01:12:10.700 --> 01:12:16.000]  And I'm reporting criminal violations against the prosecuting attorney of shielding criminal
[01:12:16.000 --> 01:12:19.880]  complaints against himself from the grand jury.
[01:12:19.880 --> 01:12:26.960]  Give it to a magistrate, the magistrate is commanded to issue a warrant for his arrest.
[01:12:26.960 --> 01:12:31.400]  No discretion, no wiggle room.
[01:12:31.400 --> 01:12:36.440]  What happens to the prosecutor when he gets arrested?
[01:12:36.440 --> 01:12:41.160]  His career will go in the toilet.
[01:12:41.160 --> 01:12:49.480]  But what's really gonna happen is that these judges are gonna do nothing.
[01:12:49.480 --> 01:12:56.600]  And then I take criminal complaints against the judges to a Republican judge in Williamson
[01:12:56.600 --> 01:12:57.600]  County.
[01:12:57.600 --> 01:13:09.400]  Now I doubt that he's going to do the right thing, but we will stain them all.
[01:13:09.400 --> 01:13:15.080]  When the district judges refuse to hold an examining trial or refuse to issue warrants
[01:13:15.080 --> 01:13:20.680]  against the prosecuting attorney, we go after the district judges.
[01:13:20.680 --> 01:13:26.360]  We can walk this thing all the way up to the Texas Supreme, and then on to the feds.
[01:13:26.360 --> 01:13:30.000]  Does that sound like fun, Tina?
[01:13:30.000 --> 01:13:35.720]  Sounds like a lot of fun, and I know you're gonna enjoy every second of it.
[01:13:35.720 --> 01:13:45.440]  But look in California law, send me an email to remind me in the morning to send you back
[01:13:45.440 --> 01:13:48.240]  these pleadings.
[01:13:48.240 --> 01:13:55.040]  You're gonna have something similar, maybe not exactly the same, in California law.
[01:13:55.040 --> 01:14:01.800]  You're probably not gonna have 15.09, one that orders the judge to issue a warrant,
[01:14:01.800 --> 01:14:04.920]  but you will have some pretty close.
[01:14:04.920 --> 01:14:12.520]  The point of all this is, really read that criminal procedure code carefully.
[01:14:12.520 --> 01:14:19.360]  It's got chems stuck in there, and they should give you some really powerful tools to use.
[01:14:19.360 --> 01:14:21.120]  Does all that make sense, Tina?
[01:14:21.120 --> 01:14:24.280]  Yes, it does, yes.
[01:14:24.280 --> 01:14:25.280]  Thank you very much.
[01:14:25.280 --> 01:14:26.280]  I appreciate it.
[01:14:26.280 --> 01:14:29.120]  Okay, did you have anything else for us?
[01:14:29.120 --> 01:14:30.120]  No, that's it.
[01:14:30.120 --> 01:14:32.120]  Thank you so much.
[01:14:32.120 --> 01:14:35.320]  Okay, thank you, Ms. Tina.
[01:14:35.320 --> 01:14:42.240]  And now we're gonna go to Shane, wait, wait, wait, Lameen, call back in, you're the next
[01:14:42.240 --> 01:14:43.240]  in line.
[01:14:43.240 --> 01:14:45.040]  Lameen, did you have another issue for us?
[01:14:45.040 --> 01:14:50.000]  No, I don't have another issue, but what you were talking about was interest in the fees,
[01:14:50.000 --> 01:14:51.000]  that's why I called back.
[01:14:51.000 --> 01:14:57.880]  You mentioned judges saying, making statements like, don't bring the Constitution into my
[01:14:57.880 --> 01:14:58.880]  courtroom.
[01:14:58.880 --> 01:15:04.640]  How does that apply, certain things were already codified in the state Constitution, but how
[01:15:04.640 --> 01:15:10.160]  does that apply to me, living in California, where we have all these restrictions on gun
[01:15:10.160 --> 01:15:16.880]  rights, and that's contrary to what the Constitution says?
[01:15:16.880 --> 01:15:26.720]  You have laws, I haven't read the statute, I can't quote any statutes in California,
[01:15:26.720 --> 01:15:33.240]  but you do have an official misconduct statute in California.
[01:15:33.240 --> 01:15:37.080]  Official misconduct is the catch-all.
[01:15:37.080 --> 01:15:46.160]  If all public officials have been warned by the Constitution or forbidden by the Constitution
[01:15:46.160 --> 01:15:53.760]  to do certain things, to interfere with certain rights, if a public official does interfere
[01:15:53.760 --> 01:16:00.600]  with one of those rights, that falls under the official misconduct statute.
[01:16:00.600 --> 01:16:11.040]  In the Fed, it's 18 US Code 42, I'm sorry, 18 US Code 242.
[01:16:11.040 --> 01:16:17.360]  And in the state, every state has a statute that reflects that.
[01:16:17.360 --> 01:16:22.020]  In Texas, it's 39.03, and they call it official oppression.
[01:16:22.020 --> 01:16:27.200]  If a public official exerts or purports to exert an authority he doesn't have, and
[01:16:27.200 --> 01:16:35.620]  those authorities are restricted by the Constitution, or fails to perform a duty he's required
[01:16:35.620 --> 01:16:42.680]  to perform, and those are prescribed in statute, then, and in the process denies a citizen
[01:16:42.680 --> 01:16:47.720]  full of free access to enjoyment of a right, that's a crime in every state.
[01:16:47.720 --> 01:16:52.360]  You don't bring the Constitution in, you bring in the laws that make it criminal to
[01:16:52.360 --> 01:17:18.040]  violate the Constitution.
[01:17:18.040 --> 01:17:36.800]  You don't bring the Constitution in, you bring in the laws that make it criminal to
[01:17:36.800 --> 01:17:58.120]  violate the Constitution, you bring in the laws that make it criminal to violate the
[01:17:58.120 --> 01:18:06.240]  Constitution, you bring in the laws that make it criminal to violate the Constitution, you
[01:18:06.240 --> 01:18:15.240]  bring in the laws that make it criminal to violate the Constitution, you bring in the
[01:18:15.240 --> 01:18:28.080]  laws that make it criminal to violate the Constitution, you bring in the laws that make
[01:18:28.080 --> 01:18:44.040]  it criminal to violate the Constitution, you bring in the laws that make it criminal to
[01:18:44.040 --> 01:19:06.960]  violate the Constitution, you bring in the laws that make it criminal to violate the
[01:19:06.960 --> 01:19:34.960]  Constitution, you bring in the laws that make it criminal to violate the Constitution, you
[01:19:34.960 --> 01:19:56.280]  bring in the laws that make it criminal to violate the Constitution, you bring in the
[01:19:56.280 --> 01:20:17.480]  laws that make it criminal to violate the Constitution, you bring in the laws that make
[01:20:17.480 --> 01:20:38.680]  it criminal to violate the Constitution, you bring in the laws that make it criminal to
[01:20:38.680 --> 01:20:51.800]  violate the Constitution, you bring in the laws that make it criminal to violate the
[01:20:51.800 --> 01:21:14.280]  Constitution, you bring in the laws that make it criminal to violate the Constitution, you
[01:21:14.280 --> 01:21:21.240]  bring in the laws that make it criminal to violate the Constitution, you bring in the
[01:21:21.240 --> 01:21:32.760]  laws that make it criminal to violate the Constitution, you bring in the laws that make
[01:21:32.760 --> 01:21:41.960]  it criminal to violate the Constitution, you bring in the laws that make it criminal to
[01:21:41.960 --> 01:21:55.480]  violate the Constitution, you bring in the laws that make it criminal to violate the
[01:21:55.480 --> 01:22:09.960]  Constitution, you bring in the laws that make it criminal to violate the Constitution, you
[01:22:09.960 --> 01:22:26.280]  bring in the laws that make it criminal to violate the Constitution, you bring in the
[01:22:26.280 --> 01:22:41.480]  laws that make it criminal to violate the Constitution, you bring in the laws that make
[01:22:41.480 --> 01:22:52.840]  it criminal to violate the Constitution, you bring in the laws that make it criminal to
[01:22:52.840 --> 01:23:06.280]  violate the Constitution, you bring in the laws that make it criminal to violate the
[01:23:06.280 --> 01:23:07.280]  Constitution.
[01:23:07.280 --> 01:23:24.880]  You bring in the laws that make it criminal to violate the Constitution, you bring in
[01:23:24.880 --> 01:23:35.680]  the laws that make it criminal to violate the Constitution, you bring in the laws that
[01:23:35.680 --> 01:23:46.320]  make it criminal to violate the Constitution, you bring in the laws that make it criminal
[01:23:46.320 --> 01:23:57.920]  to violate the Constitution, you bring in the laws that make it criminal to violate
[01:23:57.920 --> 01:24:10.720]  the Constitution, you bring in the laws that make it criminal to violate the Constitution,
[01:24:10.720 --> 01:24:23.120]  you bring in the laws that make it criminal to violate the Constitution, you bring in
[01:24:23.120 --> 01:24:36.240]  the laws that make it criminal to violate the Constitution, you bring in the laws that
[01:24:36.240 --> 01:24:48.720]  make it criminal to violate the Constitution, you bring in the laws that make it criminal
[01:24:48.720 --> 01:24:58.960]  to violate the Constitution, you bring in the laws that make it criminal to violate
[01:24:58.960 --> 01:25:11.840]  the Constitution, you bring in the laws that make it criminal to violate the Constitution,
[01:25:11.840 --> 01:25:26.720]  you bring in the laws that make it criminal to violate the Constitution, you bring in
[01:25:26.720 --> 01:25:39.760]  the laws that make it criminal to violate the Constitution, you bring in the laws that
[01:25:39.760 --> 01:25:52.800]  make it criminal to violate the Constitution, you bring in the laws that make it criminal
[01:25:52.800 --> 01:26:02.880]  to violate the Constitution, you bring in the laws that make it criminal to violate
[01:26:02.880 --> 01:26:16.800]  the Constitution, you bring in the laws that make it criminal to violate the Constitution,
[01:26:16.800 --> 01:26:29.680]  you bring in the laws that make it criminal to violate the Constitution, you bring in
[01:26:29.680 --> 01:26:35.040]  Guys, listen to that.
[01:26:35.040 --> 01:26:40.560]  When I was helping people with foreclosure issues, keeping them in court five to seven
[01:26:40.560 --> 01:26:44.680]  years wasn't that terribly difficult.
[01:26:44.680 --> 01:26:50.720]  And what I started doing with clients is I'd tell them, I won't represent you unless you
[01:26:50.720 --> 01:26:55.840]  take half the amount of the mortgage and put it in a bank every month.
[01:26:55.840 --> 01:27:01.280]  If they said they couldn't afford it, I told them, I can't help you because if you can't
[01:27:01.280 --> 01:27:07.400]  afford half the mortgage, you can't afford the property taxes on this property.
[01:27:07.400 --> 01:27:14.520]  I won't be doing any help trying to save it, but if you can put away half of the mortgage
[01:27:14.520 --> 01:27:21.280]  each month in a fund, I can keep you in court five to seven years.
[01:27:21.280 --> 01:27:27.360]  Then you can come to the table, ask the judge to order mediation, then you can come to the
[01:27:27.360 --> 01:27:34.260]  table with a handful of money you can offer them to get them to go away.
[01:27:34.260 --> 01:27:38.240]  That was the best strategy because we could keep them in court for a long time.
[01:27:38.240 --> 01:27:41.020]  I had a woman call into my show.
[01:27:41.020 --> 01:27:47.960]  She had been in foreclosure for 18 years.
[01:27:47.960 --> 01:27:49.040]  She had the property.
[01:27:49.040 --> 01:27:55.280]  She had the use of the property at no cost for 18 years.
[01:27:55.280 --> 01:28:01.520]  So when you go to mediation, keep that in mind, you've already made a lot of money.
[01:28:01.520 --> 01:28:06.320]  Get your deal so your mom don't lose her house and you'll be a hero.
[01:28:06.320 --> 01:28:09.960]  All your brothers and sisters will have egg on their face.
[01:28:09.960 --> 01:28:20.080]  Yes, the story is quite lengthy, but to get to this point, it just makes you a strong
[01:28:20.080 --> 01:28:22.840]  person getting to this point because there's a lot of things that are left out, but to
[01:28:22.840 --> 01:28:32.560]  get to mediation is pretty impressive because he deleted all the defendants except for nation
[01:28:32.560 --> 01:28:37.680]  stars, the terrorists and Mr. Cooper, all of the attorneys has been terminated.
[01:28:37.680 --> 01:28:42.040]  They terminated all that's fine.
[01:28:42.040 --> 01:28:45.920]  I love it.
[01:28:45.920 --> 01:28:50.040]  We had originally 20 defendants and he wiped out everybody except the terrorists and nation
[01:28:50.040 --> 01:28:51.040]  star.
[01:28:51.040 --> 01:28:57.280]  Now, so terrorists is out of business.
[01:28:57.280 --> 01:28:59.960]  Is nation star still in business?
[01:28:59.960 --> 01:29:00.960]  Yes.
[01:29:00.960 --> 01:29:01.960]  Mr. Cooper.
[01:29:01.960 --> 01:29:02.960]  Yeah.
[01:29:02.960 --> 01:29:04.400]  Doing business with Mr. Cooper in Dallas.
[01:29:04.400 --> 01:29:05.400]  Oh, okay.
[01:29:05.400 --> 01:29:13.520]  Yeah, I haven't been doing foreclosures for quite a while, so I'm kind of out of the loop.
[01:29:13.520 --> 01:29:14.520]  Yes.
[01:29:14.520 --> 01:29:25.680]  So good chance they've given up on collecting on all of the derivatives that they've sold.
[01:29:25.680 --> 01:29:34.000]  That's pretty impressive because generally the judges are bought and paid for.
[01:29:34.000 --> 01:29:37.160]  Yes.
[01:29:37.160 --> 01:29:39.160]  And they couldn't get rid of you.
[01:29:39.160 --> 01:29:40.160]  All right.
[01:29:40.160 --> 01:29:41.160]  Thanks, Randy.
[01:29:41.160 --> 01:29:42.360]  You're kind of like a wart.
[01:29:42.360 --> 01:29:45.440]  Once you get it, you can't get rid of it.
[01:29:45.440 --> 01:29:46.440]  Okay.
[01:29:46.440 --> 01:29:48.440]  We're going to our break.
[01:29:48.440 --> 01:29:49.440]  Thanks, Shane.
[01:29:49.440 --> 01:29:50.440]  Thank you, guys.
[01:29:50.440 --> 01:29:51.440]  Okay.
[01:29:51.440 --> 01:29:52.440]  Thank you for calling WART.
[01:29:52.440 --> 01:29:55.560]  Let us know how the mediation goes.
[01:29:55.560 --> 01:30:01.440]  We'll be right back.
[01:30:01.440 --> 01:30:04.720]  A top cybersecurity expert has a warning for America.
[01:30:04.720 --> 01:30:10.480]  If you build an electrical smart grid, the hackers will come and they could cause a catastrophic
[01:30:10.480 --> 01:30:11.480]  blackout.
[01:30:11.480 --> 01:30:16.320]  I'm Dr. Catherine Albrecht, back with the shocking details in a moment.
[01:30:16.320 --> 01:30:18.040]  Privacy is under attack.
[01:30:18.040 --> 01:30:21.640]  When you give up data about yourself, you'll never get it back again.
[01:30:21.640 --> 01:30:26.620]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.620 --> 01:30:28.140]  So protect your rights.
[01:30:28.140 --> 01:30:31.800]  Say no to surveillance and keep your information to yourself.
[01:30:31.800 --> 01:30:34.400]  Privacy, it's worth hanging onto.
[01:30:34.400 --> 01:30:40.040]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
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[01:30:45.840 --> 01:30:49.800]  Governments love power, so it's only natural they'd want to control the power going into
[01:30:49.800 --> 01:30:52.360]  your home too with a smart grid.
[01:30:52.360 --> 01:30:56.580]  So they're installing a national network of smart meters to remotely monitor electric
[01:30:56.580 --> 01:30:59.720]  use for efficiency and avoid grid failure.
[01:30:59.720 --> 01:31:03.200]  But cybersecurity expert David Chalk says, not so fast.
[01:31:03.200 --> 01:31:07.760]  If we make the national power grid controllable through the web, hackers will have a field
[01:31:07.760 --> 01:31:08.760]  day.
[01:31:08.760 --> 01:31:13.720]  Working remotely, they could tap in and blackout the entire nation, leaving us vulnerable to
[01:31:13.720 --> 01:31:14.720]  our enemies.
[01:31:14.720 --> 01:31:20.280]  I've long opposed smart meters for privacy and health reasons, but catastrophic failures
[01:31:20.280 --> 01:31:21.840]  caused by hackers?
[01:31:21.840 --> 01:31:23.440]  There's nothing smart about that.
[01:31:23.440 --> 01:31:31.360]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:31.360 --> 01:31:36.720]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:36.720 --> 01:31:39.320]  The government says that fire brought it down.
[01:31:39.320 --> 01:31:43.780]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.780 --> 01:31:46.440]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.440 --> 01:31:49.240]  But thousands of my fellow first responders are dying.
[01:31:49.240 --> 01:31:50.600]  I'm not a conspiracy theorist.
[01:31:50.600 --> 01:31:51.600]  I'm a structural engineer.
[01:31:51.600 --> 01:31:53.080]  I'm a New York City correctional officer.
[01:31:53.080 --> 01:31:54.080]  I'm an Air Force pilot.
[01:31:54.080 --> 01:31:55.760]  I'm a father who lost his son.
[01:31:55.760 --> 01:31:58.360]  We're Americans, and we deserve the truth.
[01:31:58.360 --> 01:32:01.360]  Go to RememberBuilding7.org today.
[01:32:01.360 --> 01:32:05.800]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[01:32:05.800 --> 01:32:08.200]  In today's America, we live in an us against them society.
[01:32:08.200 --> 01:32:11.600]  And if we the people are ever going to have a free society, then we're going to have to
[01:32:11.600 --> 01:32:13.600]  stand and defend our own rights.
[01:32:13.600 --> 01:32:16.780]  Among those rights are the right to travel freely from place to place, the right to act
[01:32:16.780 --> 01:32:20.560]  in our own private capacity, and most importantly, the right to due process of law.
[01:32:20.560 --> 01:32:24.640]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[01:32:24.640 --> 01:32:26.000]  our rights through due process.
[01:32:26.000 --> 01:32:30.000]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the
[01:32:30.000 --> 01:32:33.780]  most comprehensive teaching tool available that will help you understand what due process
[01:32:33.780 --> 01:32:36.160]  is and how to hold courts to the rule of law.
[01:32:36.160 --> 01:32:40.160]  You can get your own copy of this invaluable material by going to RuleOfLawRadio.com and
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[01:33:27.400 --> 01:33:57.200]  This is
[01:33:57.200 --> 01:34:06.280]  Okay. Howdy, howdy. Randy Kelton, Brett Fountain, Rule of Law Radio. On this, the third day
[01:34:06.280 --> 01:34:16.320]  of December, 2021. And Ted, you're up next in line, but we have a first time caller and
[01:34:16.320 --> 01:34:22.760]  we generally want to take them first. So please be patient with us. We're going to a first
[01:34:22.760 --> 01:34:34.800]  time caller in New Jersey. If you're, did I say that right? Now I know how to say Massachusetts
[01:34:34.800 --> 01:34:50.020]  and Worcester. Did I say New Jersey right? Wow. Must not, you're still there. I'm not
[01:34:50.020 --> 01:35:05.760]  hearing you. Hello, hello. Okay, if you can hear me, call back. We lost your sound.
[01:35:05.760 --> 01:35:09.760]  Whoever's in the 973 area code.
[01:35:09.760 --> 01:35:19.880]  Okay. Call us back. I'm going to, now I'm going to go to Ted in Utah. Hello, Ted. What
[01:35:19.880 --> 01:35:21.760]  do you have for us today?
[01:35:21.760 --> 01:35:29.320]  Well, I was going to give you the termination of my vicious dog ticket. I went to a different
[01:35:29.320 --> 01:35:30.320]  one.
[01:35:30.320 --> 01:35:31.320]  Oh, all right.
[01:35:31.320 --> 01:35:37.800]  You know, I caught the plea, but I walked in and now you don't get to go in to see the
[01:35:37.800 --> 01:35:48.040]  judge. You do it by a computer. I plead ignorance that I'm a dinosaur and I don't know about
[01:35:48.040 --> 01:35:56.240]  computers. So they set you up with a computer in a little room with the prosecutor. While
[01:35:56.240 --> 01:36:01.800]  I was sitting there waiting for everything, the prosecutor comes in and he asked me, you
[01:36:01.800 --> 01:36:09.920]  know, what I was waiting for. I said, well, I have a court ordered pretrial with the prosecutor,
[01:36:09.920 --> 01:36:21.560]  but I need, I need to get indigent papers. So we get back there and the very first thing
[01:36:21.560 --> 01:36:32.080]  out of his mouth to the judge was, this did not warrant me getting a public defender.
[01:36:32.080 --> 01:36:40.680]  Oh, okay. You know, that's all right. And they get it reduced from a class C misdemeanor
[01:36:40.680 --> 01:36:48.360]  to a infraction for the vicious dog. And then he goes talking to me. He had told judges,
[01:36:48.360 --> 01:36:53.920]  well, he really hadn't talked to me about it yet. And he says, well, you know, the dog
[01:36:53.920 --> 01:37:01.000]  at large, that's 50 bucks and the vicious dog, that'll be 200. So I can't afford that.
[01:37:01.000 --> 01:37:11.040]  And I handed him a printout of my personal bank account. He says, oh, okay. So he goes
[01:37:11.040 --> 01:37:16.880]  back to the judge and he says, well, he says, you know, it's been over a year and there's
[01:37:16.880 --> 01:37:23.160]  been no repeat performance of the will dismiss. We recommend he dismissal of the vicious dog
[01:37:23.160 --> 01:37:32.680]  ticket, which is all I wanted to start with. So I got what I wanted. But my question is,
[01:37:32.680 --> 01:37:40.720]  can they legally hold court over a computer, Randy?
[01:37:40.720 --> 01:37:48.280]  I think that's a great question. Who muted my mic? Did you mute my mic, Brett?
[01:37:48.280 --> 01:37:49.280]  Yeah.
[01:37:49.280 --> 01:37:52.840]  If you would give me the button, that would be fun.
[01:37:52.840 --> 01:38:00.200]  Yes, that is a very good question. Go ahead and address that, Brett. I kind of interrupted
[01:38:00.200 --> 01:38:01.200]  you.
[01:38:01.200 --> 01:38:06.600]  No, I didn't have anything to address about that. I think it's inappropriate, but I haven't
[01:38:06.600 --> 01:38:12.160]  seen anything that says that they can't do it that way. And if there were any validity
[01:38:12.160 --> 01:38:17.760]  to all this about, my goodness, the whole world's gonna die if we see each other face
[01:38:17.760 --> 01:38:18.760]  to face.
[01:38:18.760 --> 01:38:25.660]  Well, then I can see how they might think that it's prudent to, hey, we have this option,
[01:38:25.660 --> 01:38:33.320]  we can do this video conference alternative. But I don't see in the code anything that
[01:38:33.320 --> 01:38:38.040]  says that they're specifically authorized to do that.
[01:38:38.040 --> 01:38:44.000]  I got an idea. I have the right to be faced by my accuser.
[01:38:44.000 --> 01:38:45.000]  Yep.
[01:38:45.000 --> 01:38:46.000]  Yes.
[01:38:46.000 --> 01:38:53.520]  A computer screen is not being faced with my accuser.
[01:38:53.520 --> 01:38:58.680]  I agree. There's a guy in Florida that's been saying that very loud and clear. And I agree
[01:38:58.680 --> 01:39:04.280]  with him. I don't see where you could back it up one way or the other. I don't see where
[01:39:04.280 --> 01:39:10.260]  they could back up that they have the authority to do that. So that might be a strong position
[01:39:10.260 --> 01:39:11.260]  as well.
[01:39:11.260 --> 01:39:15.880]  Because they can only do what they're authorized to do. They couldn't say, hey, we're gonna
[01:39:15.880 --> 01:39:18.700]  hold this in braille.
[01:39:18.700 --> 01:39:26.560]  That's well put, Brett, because the presumption is that when you come into court because over
[01:39:26.560 --> 01:39:32.520]  these last couple hundred years, the only way you could confront your accuser is in
[01:39:32.520 --> 01:39:44.720]  real time. We didn't have the capability of doing it virtual. So there is no law. The
[01:39:44.720 --> 01:39:50.240]  founders never contemplated anything like this. Okay, go ahead, Ted.
[01:39:50.240 --> 01:39:57.920]  Yeah, I was thinking, I don't think it's right. And we have a very lovely young judge who's
[01:39:57.920 --> 01:40:07.200]  probably not too far out of law school, a bar grivener for doing it.
[01:40:07.200 --> 01:40:10.000]  That won't make her happy.
[01:40:10.000 --> 01:40:20.800]  Okay, so you have your, you're clear of the court. I mean, you got the vicious dog thing
[01:40:20.800 --> 01:40:24.880]  dropped and you had a minor fine.
[01:40:24.880 --> 01:40:26.880]  Right.
[01:40:26.880 --> 01:40:28.340]  So is that all clear?
[01:40:28.340 --> 01:40:31.560]  I can make her mad. Yes, that's all cleared.
[01:40:31.560 --> 01:40:36.120]  Okay, now you can make her mad with impunity.
[01:40:36.120 --> 01:40:47.600]  Right. If you got a first-time caller, I will let you go there, Andy.
[01:40:47.600 --> 01:40:55.600]  Well, actually, you're the last caller, but I do have, if you're done, I can go back to
[01:40:55.600 --> 01:41:02.800]  due process. This is something I need to go over from time to time. And primarily how
[01:41:02.800 --> 01:41:08.720]  much, I'm trying to drill in how much power we have as individuals.
[01:41:08.720 --> 01:41:09.720]  Right.
[01:41:09.720 --> 01:41:17.400]  Like in your case, you can bar grieve the attorney. Bar grieving the attorneys is extremely
[01:41:17.400 --> 01:41:24.400]  powerful. If you bar grieve an attorney, the state bar is gonna get that bar grievance,
[01:41:24.400 --> 01:41:29.620]  they're gonna throw it in the trash. They're gonna send you this letter back says we examined
[01:41:29.620 --> 01:41:35.720]  into your accusation, find it does not rise to the level of misconduct. Doesn't matter
[01:41:35.720 --> 01:41:41.960]  what you accuse them of. And that's a good thing. The reason it's a good thing is their
[01:41:41.960 --> 01:41:47.060]  insurance carrier knows that they won't do anything about it. They'll just send you this
[01:41:47.060 --> 01:41:48.640]  letter.
[01:41:48.640 --> 01:41:55.960]  So how does the insurance carrier gauge his level of risk? By valid bar grievances, heck
[01:41:55.960 --> 01:42:02.960]  them all in the trash, by the numbers. One bar grievance, your first year of practice,
[01:42:02.960 --> 01:42:10.560]  valid, invalid, they don't care. Insurance carrier is gonna cancel your policy. Two bar
[01:42:10.560 --> 01:42:15.860]  grievances, any one year of practice they cancel. Three, they cancel your law firm's
[01:42:15.860 --> 01:42:21.240]  malpractice insurance, valid, invalid, they don't care.
[01:42:21.240 --> 01:42:27.640]  And I had a lawyer tell me that that was patently unfair. And I was standing there grinning
[01:42:27.640 --> 01:42:33.600]  from ear to ear and absolutely agree with him, agreeing with him. Yeah, you're right.
[01:42:33.600 --> 01:42:40.280]  That is unfair. I'm grinning at him and he said, I knew I shouldn't have told you that.
[01:42:40.280 --> 01:42:47.400]  And I said, that's right, you shouldn't. And that was actually what got me started looking
[01:42:47.400 --> 01:42:51.920]  for the political side of these things.
[01:42:51.920 --> 01:43:02.000]  Now we say everything's political. Well, the insurance is part of that politics. Also,
[01:43:02.000 --> 01:43:10.360]  judicial conduct complaints, professional conduct complaints against police officers.
[01:43:10.360 --> 01:43:19.200]  That germ, when that lawyer told me that years ago, that started me looking for this other
[01:43:19.200 --> 01:43:26.740]  side. Where are their weak spots? Now we've got a whole bunch of them. And we have enough
[01:43:26.740 --> 01:43:31.720]  tools so that we can begin to bring these guys in line.
[01:43:31.720 --> 01:43:36.640]  Hang on, we're going to our last segment. This is Randy Kelton, Brett Fountain, Weave
[01:43:36.640 --> 01:43:47.280]  Law Radio on this December the 3rd, 2021. We hope you all enjoy listening. We do have
[01:43:47.280 --> 01:44:00.640]  time for one caller, one segment. If you have a quick question, we'll be right back.
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[01:46:26.360 --> 01:46:50.480]  The
[01:46:50.480 --> 01:47:03.000]  people come down from the hills. Into the city they will shuffle.
[01:47:03.000 --> 01:47:08.720]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio, and we're out of callers
[01:47:08.720 --> 01:47:18.160]  and we're on our last segment. And there was something that I haven't directly talked about.
[01:47:18.160 --> 01:47:26.240]  After 30 years, actually I guess it's getting close to 40 now, of researching these issues
[01:47:26.240 --> 01:47:33.800]  and taking on the system, I looked at it from the perspective of an engineer that this is
[01:47:33.800 --> 01:47:46.000]  an engineering problem. We have this large complex system that's been honed for 800 years
[01:47:46.000 --> 01:47:54.080]  and now it's breaking down. Bad things are happening. Bad things seem to be happening
[01:47:54.080 --> 01:48:06.360]  across the board. So when you have a myriad of different problems occurring simultaneously,
[01:48:06.360 --> 01:48:14.200]  you tend not to look at one piece at a time and replace them or update them or whatever.
[01:48:14.200 --> 01:48:22.480]  You back out and you look at the whole system. Can there be a common denominator underlying
[01:48:22.480 --> 01:48:30.220]  all of this where we make a minor adjustment and everything on top of it tends to change
[01:48:30.220 --> 01:48:40.560]  and adjust to our desired state to the way we want it to be? And it took a good 15, 20
[01:48:40.560 --> 01:48:47.320]  years to figure it out. And once I landed on what it was, it turned out there were two
[01:48:47.320 --> 01:48:59.400]  things that created this legal problem we're having in Texas right now. The first one was
[01:48:59.400 --> 01:49:07.920]  the Speedy Trial Act. The legislature wrote the Speedy Trial Act and it had a section
[01:49:07.920 --> 01:49:16.000]  in there that said if a person is not brought before a, is not brought to trial within 30
[01:49:16.000 --> 01:49:31.480]  days on a Class C misdemeanor, 60 Class B, 90 Class A, 120 felony, then the statute commanded
[01:49:31.480 --> 01:49:41.000]  a verdict of not guilty. I looked at that and said, man, that is unconstitutional.
[01:49:41.000 --> 01:49:50.440]  And it appears as though it was deliberately passed in that condition. Because as soon
[01:49:50.440 --> 01:50:01.720]  as they passed it, they got a challenge claiming that, Brent, I lost my place. I guess I-
[01:50:01.720 --> 01:50:06.760]  You're saying that it was unconstitutional and got something?
[01:50:06.760 --> 01:50:13.760]  I apologize, folks. I've been up since two o'clock this morning. I've completely lost
[01:50:13.760 --> 01:50:24.360]  my place. I was trying to finish out this last section. What they're doing with the
[01:50:24.360 --> 01:50:37.560]  code, what's wrong with the codes? The Speedy Trial Act said that it was unconstitutional
[01:50:37.560 --> 01:50:52.040]  for the legislatures to dictate a judicial determination. Then the legislature rewrote,
[01:50:52.040 --> 01:51:12.640]  it was 23A, Texas Penal Code Chapter 23A. Do you remember what it is, Brent, 02? I think
[01:51:12.640 --> 01:51:13.640]  it's 02.
[01:51:13.640 --> 01:51:16.040]  No, I'm not ringing the bell yet.
[01:51:16.040 --> 01:51:25.200]  Okay, they rewrote it and took out the part about a stipulated ruling by the court. And
[01:51:25.200 --> 01:51:34.000]  then the legislature overturned it over. The title was some detail on the title and some
[01:51:34.000 --> 01:51:40.360]  other minor issue that had nothing to do with the timing. The legislature in, I think it's
[01:51:40.360 --> 01:51:50.120]  House Bill 1043. I don't have that one memorized, but I have it in a pleading. In the House
[01:51:50.120 --> 01:51:57.680]  Bill, the legislature put in a large paragraph here stating what the legislature considered
[01:51:57.680 --> 01:52:06.440]  to be speedy. And what they considered to be speedy was 30 days. They must get you to
[01:52:06.440 --> 01:52:18.080]  trial within 30 days for a class C, 60 for a B, 90 for an A, 120 for felony. That was
[01:52:18.080 --> 01:52:25.840]  not overturned. But once they overturned the Speedy Trial Act, the courts acted as if the
[01:52:25.840 --> 01:52:31.320]  constitutional right to speedy trial no longer existed.
[01:52:31.320 --> 01:52:33.080]  Wow.
[01:52:33.080 --> 01:52:39.400]  So now prosecutors can take as long as they want to. And that's a strategy they use to
[01:52:39.400 --> 01:52:46.360]  force you to take a deal. If you can't afford bail, they keep you in jail until you make
[01:52:46.360 --> 01:52:51.480]  a deal. They never bring you to trial. If you can afford bail, then they call you in
[01:52:51.480 --> 01:52:57.760]  every month or every two weeks for a BS hearing where they try to make a deal with you.
[01:52:57.760 --> 01:53:04.000]  And then send you home. So you spend all this time with this threat hanging over your head
[01:53:04.000 --> 01:53:10.760]  until the person just gives up and makes a deal. This keeps the prosecutor from having
[01:53:10.760 --> 01:53:21.260]  to adjudicate his case. That's one issue. But it took another one to make this into
[01:53:21.260 --> 01:53:29.200]  the disaster we have now. And that's when in the 70s, we got this toy decision that
[01:53:29.200 --> 01:53:38.760]  said you only have a right to an examining trial in a felony. And that was just patently
[01:53:38.760 --> 01:53:41.680]  wrong.
[01:53:41.680 --> 01:53:42.680]  Doesn't say that anywhere.
[01:53:42.680 --> 01:53:55.000]  No, it does not. It does say that in 16.01 that you have a right to an examining trial
[01:53:55.000 --> 01:54:06.240]  before indictment. You don't have a right to an examining trial. You have a right to
[01:54:06.240 --> 01:54:17.760]  one in a certain timeframe. Now, examining trials are commanded by statute. So nobody
[01:54:17.760 --> 01:54:26.960]  has a right to an examining trial. The peace officer who makes an arrest is commanded to
[01:54:26.960 --> 01:54:33.080]  take you directly to the nearest magistrate and the magistrate is commanded to hold an
[01:54:33.080 --> 01:54:39.560]  examining trial. That goes to procedural due process.
[01:54:39.560 --> 01:54:47.080]  And procedural due process is something you have a right to. So you have a right to a
[01:54:47.080 --> 01:54:54.920]  reasonable expectation that the police and courts will follow the law as written. That's
[01:54:54.920 --> 01:55:02.560]  procedural due process. That's something you have a right to. And what I'm arguing is not
[01:55:02.560 --> 01:55:10.380]  taking people to that examining trial is the primary issue. A large portion of these cases
[01:55:10.380 --> 01:55:17.040]  would just go away if the officer had to show his evidence to a magistrate in an examining
[01:55:17.040 --> 01:55:18.040]  trial.
[01:55:18.040 --> 01:55:24.160]  I've asked prosecutors, I've asked judges, magistrates, I've asked police officers, do
[01:55:24.160 --> 01:55:30.320]  you have any problem with taking a person before magistrate for an examining trial before
[01:55:30.320 --> 01:55:36.840]  taking them to jail? Nobody had a problem with that. But this is how they're doing it.
[01:55:36.840 --> 01:55:41.320]  The prosecutor said, heck no, they get rid of a lot of the cases I wouldn't have to mess
[01:55:41.320 --> 01:55:47.080]  with. I've never had a single policeman have an objection other than it takes a lot of
[01:55:47.080 --> 01:55:48.080]  time.
[01:55:48.080 --> 01:55:56.000]  So well, technically that's irrelevant. But otherwise, they didn't have a problem. Magistrates,
[01:55:56.000 --> 01:56:03.400]  they didn't have a problem with it either. What I'm trying to do going after the district
[01:56:03.400 --> 01:56:11.560]  attorneys and these judges and all, I'm trying to get an order authorizing or directing police
[01:56:11.560 --> 01:56:17.240]  to bring a person that they arrest before a magistrate and they can do it now by cell
[01:56:17.240 --> 01:56:22.240]  phone if the party agrees to it.
[01:56:22.240 --> 01:56:32.600]  So he can arrest someone, get on the phone, I got this guy here. The magistrate can then
[01:56:32.600 --> 01:56:37.720]  do an examining trial. He can listen to both of them and make a determination of probable
[01:56:37.720 --> 01:56:41.440]  cause. And what I'm telling the police, you don't want to arrest someone to take them
[01:56:41.440 --> 01:56:42.440]  to jail.
[01:56:42.440 --> 01:56:48.880]  That's first degree felony aggravated assault. You want to force that magistrate to issue
[01:56:48.880 --> 01:56:59.120]  an order and authorize you to take them to jail, take you off the dime. And then if we
[01:56:59.120 --> 01:57:05.480]  get a proper examining trial, the accused, first thing they get to do is make a statement
[01:57:05.480 --> 01:57:10.440]  to the court before there's any evidence entered against them.
[01:57:10.440 --> 01:57:19.520]  Now that's probably a bad idea. And there's this college professor put up a video on a
[01:57:19.520 --> 01:57:25.040]  class he gave on when to tell your client to talk to the police. And there were three
[01:57:25.040 --> 01:57:33.160]  times, never, never, never. So it's probably a bad idea to make that statement, but you
[01:57:33.160 --> 01:57:45.220]  have the statutory right to do that. And that could be fulfilled if they do it by phone.
[01:57:45.220 --> 01:57:50.600]  But the main thing is, if this police officer stops me and I'm a usual obnoxious and demanding
[01:57:50.600 --> 01:57:57.920]  self, and he decides to make one of these attitude arrests, if he has to call the magistrate
[01:57:57.920 --> 01:58:05.040]  and explain himself, his behavior is gonna change dramatically.
[01:58:05.040 --> 01:58:14.000]  We get the speedy trial right back and forth, and we get examining trials in place. These
[01:58:14.000 --> 01:58:22.640]  problems we're having with the police, they will simply go away. And we'll get policing
[01:58:22.640 --> 01:58:28.160]  back the way it was when I was a child, when you could actually talk to policemen in the
[01:58:28.160 --> 01:58:32.360]  trees, you're like human beings instead of like an enemy.
[01:58:32.360 --> 01:58:37.520]  Okay, we are out of time. Thank you all for listening. Randy Kelton, Brett Fountain, Wheel
[01:58:37.520 --> 01:58:43.360]  of Law Radio, and I'll try to be a little more rested up at the next show. I think it's
[01:58:43.360 --> 01:58:50.240]  dementia. Good night all.
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[01:59:12.160 --> 01:59:22.640]  free at 888-551-0102 or visit us online at bfa.org. This translation is highly accurate
[01:59:22.640 --> 01:59:28.960]  and it comes with over 13,000 cross references, plus charts and maps and an outline for every
[01:59:28.960 --> 01:59:34.080]  book of the Bible. This is truly a Bible you can understand. To get your free copy of the
[01:59:34.080 --> 01:59:45.040]  New Testament Recovery Version, call us toll free at 888-551-0102. That's 888-551-0102
[01:59:45.040 --> 02:00:07.040]  or visit us online at bfa.org.