ROL_2022-02-18_16k_Hr3-4.timecode

[00:00.000 --> 00:05.880]  The Bill of Rights contains the first ten amendments of our Constitution.
[00:05.880 --> 00:09.560]  They guarantee the specific freedoms Americans should know and protect.
[00:09.560 --> 00:11.040]  Our liberty depends on it.
[00:11.040 --> 00:14.960]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[00:14.960 --> 00:17.060]  your First Amendment rights.
[00:17.060 --> 00:18.640]  Privacy is under attack.
[00:18.640 --> 00:22.260]  When you give up data about yourself, you'll never get it back again.
[00:22.260 --> 00:27.040]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:27.040 --> 00:32.120]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.120 --> 00:33.120]  Privacy.
[00:33.120 --> 00:34.800]  It's worth hanging on to.
[00:34.800 --> 00:39.080]  This public service announcement is brought to you by Startpage.com, the private search
[00:39.080 --> 00:42.620]  engine alternative to Google, Yahoo, and Bing.
[00:42.620 --> 00:44.640]  Start over with Startpage.
[00:44.640 --> 00:45.640]  Spar.
[00:45.640 --> 00:47.920]  It's what fighters do.
[00:47.920 --> 00:50.880]  It's also how I remember the five guarantees of the First Amendment.
[00:50.880 --> 00:54.600]  If you plan to take away my rights, I'm going to spar with you.
[00:54.600 --> 01:01.680]  Spar with an extra P. S for speech, P for press, another P for petition, A for assembly,
[01:01.680 --> 01:03.200]  and R for religion.
[01:03.200 --> 01:07.120]  Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:07.120 --> 01:08.640]  assembly, and religion.
[01:08.640 --> 01:11.000]  But petition for redress is another matter.
[01:11.000 --> 01:14.720]  We have the right to petition the government for a redress of grievances.
[01:14.720 --> 01:18.240]  It means that if we're unhappy with what's going on in our government, we can spell out
[01:18.240 --> 01:20.920]  the reasons without fear of being thrown into jail.
[01:20.920 --> 01:22.840]  I'm Dr. Catherine Albrecht.
[01:22.840 --> 01:31.200]  More news and information at CatherineAlbrecht.com.
[01:31.200 --> 01:34.880]  The Bill of Rights contains the first 10 amendments of our Constitution.
[01:34.880 --> 01:38.320]  They guarantee the specific freedoms Americans should know and protect.
[01:38.320 --> 01:39.800]  Our liberty depends on it.
[01:39.800 --> 01:43.700]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:43.700 --> 01:46.840]  one of your constitutional rights.
[01:46.840 --> 01:48.440]  Privacy is under attack.
[01:48.440 --> 01:52.040]  When you give up data about yourself, you'll never get it back again.
[01:52.040 --> 01:56.800]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:56.800 --> 02:01.840]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.840 --> 02:04.560]  Privacy, it's worth hanging onto.
[02:04.560 --> 02:08.840]  This public service announcement is brought to you by StartPage.com, the private search
[02:08.840 --> 02:12.400]  engine alternative to Google, Yahoo, and Bing.
[02:12.400 --> 02:15.960]  Start over with StartPage.
[02:15.960 --> 02:20.320]  When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill
[02:20.320 --> 02:22.400]  of Rights in a big old bear hug.
[02:22.400 --> 02:26.920]  It's how I remember that the Second Amendment guarantees us the right to bear arms, arms
[02:26.920 --> 02:30.760]  that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.760 --> 02:31.760]  Get it?
[02:31.760 --> 02:34.040]  Two arms, bear hug, bear arms?
[02:34.040 --> 02:37.640]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.640 --> 02:43.400]  when he said, the right of the citizens to bear arms is just one guarantee against arbitrary
[02:43.400 --> 02:47.520]  government, one more safeguard against the tyranny, which now appears remote in America,
[02:47.520 --> 02:50.560]  but which historically has proved to always be possible.
[02:50.560 --> 02:52.560]  I'm Dr. Catherine Albrecht.
[02:52.560 --> 03:18.720]  More news and information at CatherineAlbrecht.com.
[03:18.720 --> 03:47.360]  Okay.
[03:47.360 --> 03:53.440]  We are back, Randy Kelton, Brett Felton, Roots Love Radio, and we're talking to Austin
[03:53.440 --> 03:54.440]  in Florida.
[03:54.440 --> 03:56.440]  Austin, does this sound like fun?
[03:56.440 --> 03:58.880]  Yeah, it does.
[03:58.880 --> 04:01.520]  I'm excited.
[04:01.520 --> 04:07.720]  This can be fun, but it's not as much fun when your beverage is at stake.
[04:07.720 --> 04:14.920]  So when you get done with this and get them to dismiss it, then you might try picking
[04:14.920 --> 04:17.440]  some fights with them.
[04:17.440 --> 04:26.040]  For instance, a petition for declaratory judgment, I think we talked about this last time, on
[04:26.040 --> 04:38.920]  the application of this rule to you in terms of your First Amendment right.
[04:38.920 --> 04:45.280]  Ask the court to rule that this rule denies you your First Amendment right.
[04:45.280 --> 04:50.920]  You can do that while they're prosecuting you.
[04:50.920 --> 04:56.240]  And if you get a ruling in your favor, you move to dismiss.
[04:56.240 --> 04:57.240]  Okay.
[04:57.240 --> 05:03.840]  So I'll actually file it, not as a defendant.
[05:03.840 --> 05:04.840]  Yeah.
[05:04.840 --> 05:05.840]  No, no, no.
[05:05.840 --> 05:09.400]  You'd be, you'd file this as a petitioner.
[05:09.400 --> 05:10.400]  Right.
[05:10.400 --> 05:12.400]  They're the defendant.
[05:12.400 --> 05:21.480]  Actually, the parks and wildlife would be the defendant.
[05:21.480 --> 05:28.920]  And very good chance, when they look at it, they may want your criminal charges to go
[05:28.920 --> 05:37.120]  away so that they don't have to stand for a ruling.
[05:37.120 --> 05:39.440]  This happens all the time in law.
[05:39.440 --> 05:45.400]  If you get them righteous, they'll make your case go away so that you don't get a ruling
[05:45.400 --> 05:49.880]  against them that shuts them down.
[05:49.880 --> 05:55.040]  If you haven't written any lawsuits, don't start now.
[05:55.040 --> 05:59.920]  Look up lawsuits other people have written.
[05:59.920 --> 06:05.400]  Most lawyers go to law school and they think in law school, they have to become very good
[06:05.400 --> 06:12.560]  at legal research and writing pleadings and no, they don't have to do that.
[06:12.560 --> 06:19.600]  What you have to become good at is you have to become an accomplished plagiarist.
[06:19.600 --> 06:26.920]  Why in the heck would you write your pleadings when somebody else has already died for you?
[06:26.920 --> 06:32.360]  So do your research, find similar cases.
[06:32.360 --> 06:36.760]  You can sign up for a PACER account and they charge you like 10 cents a page for whatever
[06:36.760 --> 06:39.920]  you download.
[06:39.920 --> 06:42.240]  Well worth it.
[06:42.240 --> 06:47.320]  They keep billing me for 35 bucks and I keep forgetting to send up their money.
[06:47.320 --> 06:58.880]  I'm real patient about that, but look up other cases and the best place to start is Google.
[06:58.880 --> 07:03.800]  All these guys get Westlaw and Lexis and pay huge fortunes for it.
[07:03.800 --> 07:09.400]  I do much, much better on Google.
[07:09.400 --> 07:13.880]  Primarily I Google for briefs and treatises.
[07:13.880 --> 07:19.000]  I put in the subject matter and then put briefs and treatises.
[07:19.000 --> 07:26.280]  And you get these guys that write this treatise or you get cases, well I'm sorry, in the treatise
[07:26.280 --> 07:31.600]  or the brief, they will cite all these cases and you start reading these cases, you'll
[07:31.600 --> 07:38.920]  find they're very interesting to read and the rulings put out by the federal courts
[07:38.920 --> 07:45.240]  are absolutely excellent.
[07:45.240 --> 07:52.280]  They have people who are very good writers doing this and what I tend to do is write
[07:52.280 --> 08:01.440]  my intros and outros and then capture a section out of a court case or a treatise that addresses
[08:01.440 --> 08:04.880]  my issue and drops it in there.
[08:04.880 --> 08:09.120]  Now if you read it, you might not realize what I did.
[08:09.120 --> 08:14.160]  But if a judge reads it, he's going to know exactly what I did.
[08:14.160 --> 08:19.120]  He's going to know I plagiarized this out of another court case and that will give it
[08:19.120 --> 08:23.360]  that much more credibility.
[08:23.360 --> 08:29.880]  So become an accomplished plagiarist.
[08:29.880 --> 08:32.040]  That's my story and I'm sticking to it.
[08:32.040 --> 08:37.320]  All right, I won't take any more of your guys' time but thank you so much for all your help
[08:37.320 --> 08:39.880]  and I will get on it.
[08:39.880 --> 08:42.280]  Okay, thank you, Austin.
[08:42.280 --> 08:43.280]  Thanks.
[08:43.280 --> 08:46.360]  Now we're going to go to Jerry in Pennsylvania.
[08:46.360 --> 08:51.040]  Okay, Jerry, here we go.
[08:51.040 --> 08:52.040]  Got it.
[08:52.040 --> 08:53.040]  Okay.
[08:53.040 --> 08:54.040]  What do you have for us today?
[08:54.040 --> 08:55.040]  Yeah, Randy.
[08:55.040 --> 09:05.760]  I got this case back from Circuit and I believe it's a reverse remand.
[09:05.760 --> 09:14.840]  Let me read you here a couple of lines to say how they said it.
[09:14.840 --> 09:21.520]  On the heading here it says, judgment and it says, order adjudicated by this court that
[09:21.520 --> 09:30.520]  judgment of district court entered date be the same as hereby vacated in part and affirmed
[09:30.520 --> 09:37.520]  in part and this matter remanded for further consideration.
[09:37.520 --> 09:38.520]  What's your...
[09:38.520 --> 09:39.520]  Whoa.
[09:39.520 --> 09:40.520]  You won...
[09:40.520 --> 09:43.320]  You won at least part of your appeal.
[09:43.320 --> 09:44.320]  Okay.
[09:44.320 --> 09:45.320]  Okay.
[09:45.320 --> 09:46.320]  Circuit.
[09:46.320 --> 09:47.320]  Okay.
[09:47.320 --> 09:53.160]  This is state court or federal?
[09:53.160 --> 09:55.160]  Federal court.
[09:55.160 --> 09:56.160]  Okay.
[09:56.160 --> 10:08.560]  If it's a circuit then this has to be an appeal.
[10:08.560 --> 10:11.440]  Your pro se and you won in your appeal?
[10:11.440 --> 10:12.440]  Yeah.
[10:12.440 --> 10:16.800]  Way to go, Jerry.
[10:16.800 --> 10:18.520]  You get crowing rights.
[10:18.520 --> 10:19.520]  Okay.
[10:19.520 --> 10:21.520]  Now stop interrupting.
[10:21.520 --> 10:22.520]  Yeah.
[10:22.520 --> 10:28.600]  Well, here's what the district judge has to do.
[10:28.600 --> 10:42.080]  She had to reopen the case and then she scheduled the hearing order and they're going to have
[10:42.080 --> 10:47.800]  a trial in June, this June coming up.
[10:47.800 --> 10:52.880]  The thing that I was wondering and you keep talking about is they usually want to make
[10:52.880 --> 10:57.920]  a deal before this thing goes to court because I harped on this thing.
[10:57.920 --> 11:05.160]  In fact, on the cover sheet I put on the front of it next to the names and titles and stuff.
[11:05.160 --> 11:12.680]  I put on there, this case is the Fourth Amendment brief.
[11:12.680 --> 11:17.840]  So do you think that they're going to send me a letter trying to make a deal with me
[11:17.840 --> 11:21.640]  on this or what?
[11:21.640 --> 11:24.560]  You can ask the court to order mediation.
[11:24.560 --> 11:25.560]  Yeah.
[11:25.560 --> 11:31.760]  I remember you saying that, but I thought why don't I just wait for them?
[11:31.760 --> 11:33.760]  Because what I did was...
[11:33.760 --> 11:39.640]  Okay, at this point I'm going to say good chance, that's probably a good strategy because
[11:39.640 --> 11:44.960]  they figured you were a chump, pro se, and they were just, the courts would just blow
[11:44.960 --> 11:48.200]  you off, but they didn't.
[11:48.200 --> 11:55.400]  So you got past the court of appeals, I suspect now you really have their attention.
[11:55.400 --> 12:04.320]  Well, what I did is I sent in a motion for a summary judgment right after I got this
[12:04.320 --> 12:11.880]  and they say here that they didn't want motions for summary judgment until April of this year.
[12:11.880 --> 12:12.880]  What do you think?
[12:12.880 --> 12:23.960]  Well, I don't know enough about the summary judgment to be able to comment on it.
[12:23.960 --> 12:27.720]  You're essentially saying there are no issues in controversy.
[12:27.720 --> 12:28.720]  Right.
[12:28.720 --> 12:32.920]  I hammered them on everything.
[12:32.920 --> 12:39.720]  I went through everything that they sent, everything that the opposing party sent, all
[12:39.720 --> 12:48.840]  the fraudulent papers they sent, even down to a picture of the letter that came out of
[12:48.840 --> 12:56.800]  the attorney's office with the fraudulent documents in it and listed all of the, what,
[12:56.800 --> 13:01.720]  1345, 1348 of the mail.
[13:01.720 --> 13:02.720]  Okay.
[13:02.720 --> 13:07.680]  So what was the gist of the ruling?
[13:07.680 --> 13:11.000]  I interrupted you before you got the ruling out.
[13:11.000 --> 13:17.600]  Just what I said and that was it.
[13:17.600 --> 13:22.000]  I mean, they, the court signed it and that was it.
[13:22.000 --> 13:23.000]  Okay.
[13:23.000 --> 13:29.040]  Now, what are the issues before the court that you are still trying to adjudicate?
[13:29.040 --> 13:36.360]  The Fourth Amendment was boiled down to, that's the only thing that they seem to be, that
[13:36.360 --> 13:39.080]  seems to pique their interest.
[13:39.080 --> 13:40.080]  Okay.
[13:40.080 --> 13:42.200]  I don't know anything about the case.
[13:42.200 --> 13:49.360]  So I really don't understand what they ruled.
[13:49.360 --> 13:58.640]  The case was that they came on the property without the, you know, the place, the person,
[13:58.640 --> 13:59.640]  the place.
[13:59.640 --> 14:02.640]  Was this the grass police?
[14:02.640 --> 14:06.800]  No, this is the high-reach case.
[14:06.800 --> 14:09.720]  Yeah, this is the grass police.
[14:09.720 --> 14:21.040]  I call him friend, but I keep telling him he's coming someday, but aren't you ashamed
[14:21.040 --> 14:33.640]  yourself for dragging grass police to the federal court?
[14:33.640 --> 14:35.720]  They probably never had such a ride.
[14:35.720 --> 14:41.480]  Oh, I don't think I like the one about the groundhog.
[14:41.480 --> 14:44.720]  That just pulled them over a little.
[14:44.720 --> 14:51.560]  This judge must really be rattled at me, the district judge, because I've bargaged him
[14:51.560 --> 14:52.960]  like four or five times.
[14:52.960 --> 14:54.960]  I even bargaged their husband.
[14:54.960 --> 15:03.280]  He's got some kind of law firm down in the city, and four or five judicial complaints
[15:03.280 --> 15:06.280]  about bargaging.
[15:06.280 --> 15:09.600]  What did you bargage your husband for?
[15:09.600 --> 15:11.400]  Oh, conspiracy.
[15:11.400 --> 15:16.560]  They must talk about my case when they get home.
[15:16.560 --> 15:17.560]  Who else?
[15:17.560 --> 15:18.560]  Oh, most likely.
[15:18.560 --> 15:22.640]  Yeah, this seems pretty obvious.
[15:22.640 --> 15:24.680]  This is why we do this show.
[15:24.680 --> 15:30.320]  If I could fist bump you right now.
[15:30.320 --> 15:40.760]  I figured as soon as I get rid of these high weeds here, I might be tempted enough or mad
[15:40.760 --> 15:50.360]  enough to do a RICO against her, because I probably got enough material there for it,
[15:50.360 --> 15:53.480]  but that'll take down.
[15:53.480 --> 15:55.480]  This is how we take it.
[15:55.480 --> 16:00.080]  I called down there to get a magistrate, and I told them what I wanted to do, and they
[16:00.080 --> 16:05.360]  said we keep getting connected or something.
[16:05.360 --> 16:06.360]  Funny how that happens.
[16:06.360 --> 16:07.360]  Okay, you heard me.
[16:07.360 --> 16:08.360]  Run the routine.
[16:08.360 --> 16:09.360]  There's something wrong with our connection.
[16:09.360 --> 16:10.360]  Yeah, you're on it.
[16:10.360 --> 16:11.360]  Okay.
[16:11.360 --> 16:20.360]  Excuse us for getting so tickled, but I keep telling people, I told Austin, I told Austin,
[16:20.360 --> 16:38.320]  the best fight to have is the one you picked, and they picked this fight to start with,
[16:38.320 --> 16:43.320]  and you picked the bigger one.
[16:43.320 --> 16:45.200]  So what are they asking for now?
[16:45.200 --> 16:50.080]  What are they trying to recover from you?
[16:50.080 --> 16:55.880]  Well, that was the thing, that's why I told you, I thought maybe you'd figure out where
[16:55.880 --> 17:00.200]  I stand with this, like, you know, I guess...
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[17:49.520 --> 17:58.560]  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
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[18:12.120 --> 18:15.640]  Among those rights are the right to travel freely from place to place, the right to act
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[19:09.440 --> 19:18.240]  Well, don't let nothing get to you, only the father can't deliver you, so don't let
[19:18.240 --> 19:25.640]  bad-minded people hurt you, and tell states to get behind you, you know what I mean, my
[19:25.640 --> 19:26.640]  friend?
[19:26.640 --> 19:27.640]  And I'll adjudge you then.
[19:27.640 --> 19:28.640]  Come on, trust in God, be free, tell him your problems end, call on his name once a day,
[19:28.640 --> 19:43.640]  every boy you know he worth the aim, trust in God, be free, tell him your problems end,
[19:43.640 --> 19:54.120]  call on his name once a day, every boy you know he worth the aim, he am a king man, he
[19:54.120 --> 19:59.960]  is everything, he is everything to me, that's why I call him, I touch me knee and I pray
[19:59.960 --> 20:06.640]  to him, because he is the only one who could answer him, being a business what we can manage.
[20:06.640 --> 20:13.880]  Okay, we are back, Randy Kelton, Brett Felton, ruleoflawradio, and we're talking to Jerry
[20:13.880 --> 20:21.520]  Vincilvania, I suspect there's a letter posted on the bulletin board with a picture of your
[20:21.520 --> 20:25.800]  house that says, leave this cranky old SOB alone.
[20:25.800 --> 20:35.520]  I was going to get a sign made up, put the guy with the gun on, said never mind the dog,
[20:35.520 --> 20:43.640]  I was just going to write under there, thieves or burglars or public officials welcome.
[20:43.640 --> 20:54.960]  Yeah, I saw one once that said, danger, what was it, this property protected by 357.
[20:54.960 --> 20:55.960]  Yeah.
[20:55.960 --> 21:09.600]  So, when you got, they kicked it back, okay, the feds kicked it back to the district court
[21:09.600 --> 21:15.320]  and on the fourth amendment issue, so.
[21:15.320 --> 21:22.720]  Well, that's what they sent, that's what they sent me, they sent me the scheduling
[21:22.720 --> 21:36.240]  order now for, to schedule this case to start in June, so between now and June and being
[21:36.240 --> 21:47.560]  they sent in a summary judgment motion, do you think that they've got to respond to me
[21:47.560 --> 21:48.560]  somehow?
[21:48.560 --> 21:54.280]  They have to respond to your summary judgment motion, how long ago did you file that?
[21:54.280 --> 21:58.920]  Well, back around the first of the year.
[21:58.920 --> 22:00.720]  Have they not responded to it?
[22:00.720 --> 22:05.920]  No, but it may take them a couple of months.
[22:05.920 --> 22:11.640]  No, they only have, generally they only have about 30 days.
[22:11.640 --> 22:27.560]  Well, what will change that if you were in the court of appeals, that stops all the clocks.
[22:27.560 --> 22:32.440]  But if you file a motion and they don't file an opposition, then they agree to everything
[22:32.440 --> 22:36.160]  in your motion.
[22:36.160 --> 22:41.440]  So then we're in agreement, I'm going to file for the summary judgment, I mean, pretty much
[22:41.440 --> 22:46.320]  they don't have a case, I mean, they can't come up because I had court testimony and
[22:46.320 --> 22:53.600]  everything else that said they walked on their property, they were searching the property,
[22:53.600 --> 22:59.600]  they had all the cops here, they testified in court that they held me off the court,
[22:59.600 --> 23:08.440]  off the jail, I mean, when they got on a witness stand, I didn't have to pay much, they cackled
[23:08.440 --> 23:12.320]  like a chicken, you know.
[23:12.320 --> 23:21.320]  So they did all your work for you, did you say they cackled like chickens?
[23:21.320 --> 23:28.200]  Well, here's what I did, I goes in there, right, and I got all these motions written
[23:28.200 --> 23:35.560]  up and some of these managers take them, all that, and the judge said something to me,
[23:35.560 --> 23:40.160]  I don't know what it was, and I said, yeah, I got motions, I want to file in court here.
[23:40.160 --> 23:42.040]  Oh, he says you got them with you?
[23:42.040 --> 23:48.600]  I said, yeah, and he asked me for an attorney, you know about this, and he said, oh, he didn't
[23:48.600 --> 23:55.240]  know where he was at half the time, he could even come up with a deed to the property even,
[23:55.240 --> 23:56.240]  you know.
[23:56.240 --> 24:03.160]  So what happened was I told him right there, I said, I have a motion for a subject matter
[24:03.160 --> 24:08.040]  of pure fiction, and it's right there on the court record, and the judge looked at me and
[24:08.040 --> 24:13.280]  he says, you mean to tell me we can't start this trial without a subject, without me proving
[24:13.280 --> 24:15.280]  the subject matter of pure fiction?
[24:15.280 --> 24:22.040]  I says, yes, sir, so I took that sheet out and I sent that in the federal court, so even
[24:22.040 --> 24:27.200]  the judge himself ignored the motion.
[24:27.200 --> 24:37.560]  I mean, there were a whole bunch of this kind of garbage that they pulled there in the transcript.
[24:37.560 --> 24:42.240]  So I suspect that your assessment is right, they're probably going to want to make you
[24:42.240 --> 24:45.680]  a deal and make this go away.
[24:45.680 --> 24:47.240]  Yeah.
[24:47.240 --> 24:59.800]  This came back from the circuit, what was the issue, your Fourth Amendment issue, you
[24:59.800 --> 25:05.480]  were saying that these city officials had no authority to come on your property without
[25:05.480 --> 25:09.040]  a warrant, was that your Fourth Amendment argument?
[25:09.040 --> 25:17.880]  Yeah, I put down on there and I sent them a copy of the Fourth Amendment and I underlined
[25:17.880 --> 25:23.120]  person, place, and drinks to be seen.
[25:23.120 --> 25:29.680]  I didn't go to probable stuff, because you got to have that first before you get probability,
[25:29.680 --> 25:30.680]  right?
[25:30.680 --> 25:31.680]  Yes.
[25:31.680 --> 25:34.240]  Can you send me a copy of their ruling?
[25:34.240 --> 25:50.880]  Yeah, I sent you that other copy from that other appeals court in the in-banks, did you
[25:50.880 --> 25:51.880]  get that?
[25:51.880 --> 25:56.840]  I don't remember, I've slept since then, can you send me both of them?
[25:56.840 --> 26:05.680]  Yeah, so I got another one from the court of appeals for this other case I have up there
[26:05.680 --> 26:13.600]  on it and they sent me back the same thing from the clerk, the clerk wants to know, she
[26:13.600 --> 26:29.360]  wants this federal rule appellate procedure 35G, 32G, 40B, LAR35, and LAR32, remember
[26:29.360 --> 26:31.640]  why I called you last week about that?
[26:31.640 --> 26:32.640]  Yes.
[26:32.640 --> 26:41.080]  Nobody remembers that, I think it was on Monday, I don't know, Eddie Craig's on Monday, I keep
[26:41.080 --> 26:42.080]  getting this.
[26:42.080 --> 26:43.760]  Eddie who?
[26:43.760 --> 26:45.760]  Just kidding.
[26:45.760 --> 26:49.840]  That good looking guy over there.
[26:49.840 --> 26:54.880]  No, no, no, you got the ends of the week mixed up.
[26:54.880 --> 27:00.200]  Okay, would you send them both to me, I would like to look at them.
[27:00.200 --> 27:03.320]  Well, I'll send you everything then.
[27:03.320 --> 27:07.640]  I'll send you the circuit tent back.
[27:07.640 --> 27:18.000]  I'll send you the order from the in-bank circuit and the other in-bank circuit, do you think
[27:18.000 --> 27:20.000]  you can handle that or?
[27:20.000 --> 27:27.160]  I think I can handle that, I want to look at this and see if you have precedent setting
[27:27.160 --> 27:34.080]  rulings that we can use against municipalities.
[27:34.080 --> 27:43.840]  Yeah, that'd be pretty cool.
[27:43.840 --> 27:52.880]  When the circuit court rules, that becomes law.
[27:52.880 --> 27:58.200]  Other people can cite those rulings, that's what most of your case law is, so I want to
[27:58.200 --> 28:11.360]  look at it and see if you've got some citable stuff, wait, say that again, yeah, you may
[28:11.360 --> 28:18.320]  have set precedent.
[28:18.320 --> 28:24.120]  What he means by that is maybe the ruling that you got can help other people with similar
[28:24.120 --> 28:28.960]  problems of the city trying to overstep their boundaries and do things they're not allowed
[28:28.960 --> 28:34.760]  to do and maybe they've been told in a certain kind of way from the higher court, hey, you're
[28:34.760 --> 28:40.120]  out of bounds and maybe the way that that was expressed from the higher court can be
[28:40.120 --> 28:47.560]  applied to other people's cases to help them be free and not have these kind of hassles.
[28:47.560 --> 28:51.200]  Depends on how they wrote it and what they said, but that would be really cool.
[28:51.200 --> 28:59.440]  Well, that means that you'd have to read my original filing that I sent over to the
[28:59.440 --> 29:00.440]  circuit.
[29:00.440 --> 29:01.440]  Maybe.
[29:01.440 --> 29:05.440]  What I really want to see is the ruling that they made.
[29:05.440 --> 29:12.880]  The rulings are generally pretty complete in themselves and we could cite it as cranky
[29:12.880 --> 29:24.760]  old buzzard, the city full of chops, okay, do you have anything else for us?
[29:24.760 --> 29:32.320]  We need to move on, we've got a board full of callers, okay, send me all that stuff,
[29:32.320 --> 29:42.760]  I want to see it, okay, Randy, thanks, you're our new hero, okay, now we're going to go
[29:42.760 --> 29:53.880]  to Tina in California, if I can get my board up here, there we go, hello, Ms. Tina, this
[29:53.880 --> 30:01.240]  is Tina Darling, there you go, you've got it.
[30:01.240 --> 30:05.640]  Everyone knows that walking is a great exercise, but you might not know that the way you walk
[30:05.640 --> 30:09.880]  could predict how long you're going to live, I'm Dr. Catherine Albrecht and I'll be back
[30:09.880 --> 30:14.720]  to tell you more about walking prognostication in just a moment.
[30:14.720 --> 30:16.320]  Privacy is under attack.
[30:16.320 --> 30:20.720]  When you give up data about yourself, you'll never get it back again and once your privacy
[30:20.720 --> 30:26.160]  is gone, you'll find your freedoms will start to vanish too, so protect your rights, say
[30:26.160 --> 30:29.720]  no to surveillance and keep your information to yourself.
[30:29.720 --> 30:32.480]  Privacy, it's worth hanging on to.
[30:32.480 --> 30:36.760]  This public service announcement is brought to you by Startpage.com, the private search
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[30:43.560 --> 30:48.000]  New research shows how fast you walk could predict how long you're going to live.
[30:48.000 --> 30:52.560]  The Journal of the American Medical Association reports that older adults who walk one meter
[30:52.560 --> 30:55.800]  per second or faster live longer than expected.
[30:55.800 --> 31:00.200]  In case you're wondering, one meter per second is about two and a quarter miles per hour.
[31:00.200 --> 31:05.320]  A senior's age, gender and walking speed were as good at predicting life expectancy as more
[31:05.320 --> 31:07.280]  traditional statistical measures.
[31:07.280 --> 31:10.560]  Generally speaking, faster walkers live longer.
[31:10.560 --> 31:13.080]  Measuring walking speed is quick and inexpensive.
[31:13.080 --> 31:16.920]  It only takes a stopwatch, some space to walk and a few minutes.
[31:16.920 --> 31:21.080]  Researchers say it could help doctors identify older patients who need special care.
[31:21.080 --> 31:22.960]  I'm Dr. Catherine Albrecht.
[31:22.960 --> 31:25.360]  More news and information at CatherineAlbrecht.com.
[31:25.360 --> 31:31.360]  I lost my son.
[31:31.360 --> 31:32.360]  My nephew.
[31:32.360 --> 31:33.360]  My uncle.
[31:33.360 --> 31:34.360]  My son.
[31:34.360 --> 31:35.360]  I got hit by a plane.
[31:35.360 --> 31:38.560]  Most people don't know that a third tower fell on September 11th.
[31:38.560 --> 31:40.100]  World Trade Center 7.
[31:40.100 --> 31:42.760]  A 47-story skyscraper was not hit by a plane.
[31:42.760 --> 31:46.680]  Although the official explanation is that fire brought down Building 7.
[31:46.680 --> 31:50.480]  Over one thousand two hundred architects and engineers looked into the evidence.
[31:50.480 --> 31:52.400]  And believe there is more to the story.
[31:52.400 --> 31:53.480]  Bring justice to my son.
[31:53.480 --> 31:54.480]  My uncle.
[31:54.480 --> 31:55.480]  My nephew.
[31:55.480 --> 31:56.480]  My son.
[31:56.480 --> 31:57.800]  Go to buildingwhat.org.
[31:57.800 --> 31:58.800]  Why it fell.
[31:58.800 --> 31:59.800]  Why it matters.
[31:59.800 --> 32:01.660]  And what you can do.
[32:01.660 --> 32:04.160]  Are you looking to have a closer relationship with God?
[32:04.160 --> 32:09.780]  and a better understanding of His Word? Then tune in to LogosRadioNetwork.com on Wednesdays
[32:09.780 --> 32:14.820]  from 8 to 10 p.m. Central Time for Scripture Talk, where Nana and her guests discuss the
[32:14.820 --> 32:20.920]  Scriptures in accord with 2 Timothy 2.15. Study to show thyself approved unto God, a
[32:20.920 --> 32:26.440]  workman that needeth not to be ashamed, rightly dividing the Word of Truth. Starting in January,
[32:26.440 --> 32:30.840]  our first-hour studies are in the Book of Mark, where we'll go verse by verse and discuss
[32:30.840 --> 32:36.360]  the true Gospel message. Our second-hour topical studies will vary each week with discussions
[32:36.360 --> 32:41.440]  on sound doctrine and Christian character development. We wish to reflect God's light
[32:41.440 --> 32:46.240]  and be a blessing to all those with a hearing ear. Our goal is to strengthen our faith and
[32:46.240 --> 32:51.520]  to transform ourselves more into the likeness of our Lord and Savior Jesus. So tune in to
[32:51.520 --> 32:57.600]  Scripture Talk live on LogosRadioNetwork.com, Wednesdays from 8 to 10 p.m. to inspire and
[32:57.600 --> 33:04.600]  motivate your studies of the Scriptures.
[33:27.600 --> 33:56.600]  I won't let you pull the wool over my eyes I must refuse your nose, also I've been lied
[33:56.600 --> 33:57.600]  to.
[33:57.600 --> 34:06.040]  Well Tina, I was trying to push you over the cliff, and Brett, what a guy, he jumped in
[34:06.040 --> 34:10.240]  the way and threw himself over the cliff instead.
[34:10.240 --> 34:15.840]  That's because he's a gentleman.
[34:15.840 --> 34:29.880]  Okay, you sent me a criminal complaint in California, and I will get that converted
[34:29.880 --> 34:38.280]  into a fill-in-the-banks complaint and get it back to you, and make it available to everybody
[34:38.280 --> 34:42.160]  online as soon as I get my websites back up.
[34:42.160 --> 34:48.480]  I have a question about that, because there's a couple of questions tonight. One is, for
[34:48.480 --> 34:54.600]  that one, you were talking earlier about where criminal complaints always go to a magistrate.
[34:54.600 --> 35:01.320]  Is that, you know, if the district attorney is presenting the criminal complaint...
[35:01.320 --> 35:08.400]  Well, what the district attorney is presenting is an information.
[35:08.400 --> 35:09.400]  Okay.
[35:09.400 --> 35:24.040]  When a complaint is filed, it's expected that a complaint will be filed by an ordinary person,
[35:24.040 --> 35:34.640]  and they don't expect the criminal complaint to be in perfect form. So when the prosecutor
[35:34.640 --> 35:41.800]  gets the criminal complaint, he is to reduce the complaint to an information. An information
[35:41.800 --> 35:49.920]  is a criminal complaint in proper form. So the only thing different between an information
[35:49.920 --> 35:58.680]  and a criminal complaint is one says complaint on the top, the other one says information.
[35:58.680 --> 36:09.200]  Okay. Because this one, when they filed it, they issued an arrest warrant, but that was
[36:09.200 --> 36:15.560]  squashed because her new attorney, I think it's the seventh one, said that the district
[36:15.560 --> 36:23.000]  attorney was mean, and I can't remember all the words, but mean and horrible, and went
[36:23.000 --> 36:29.680]  out of the way to make it difficult and embarrassing for this person to be arrested in front of
[36:29.680 --> 36:36.960]  her family and friends. And so the attorney got to know of it before the police got to
[36:36.960 --> 36:45.400]  her house, and apparently her family posted the bail so that she didn't get handcuffed.
[36:45.400 --> 36:52.120]  But the arraignments for next Wednesday. So within two weeks, they're having the arraignment.
[36:52.120 --> 36:56.160]  Well, that sounds to me like whining.
[36:56.160 --> 36:58.160]  Yes.
[36:58.160 --> 37:09.640]  Yeah. No legal standing for it. No legal providence to it. It's just whining and griping.
[37:09.640 --> 37:19.400]  Well, yeah, I heard from a reporter that this guy liked this number, and he called the newspaper
[37:19.400 --> 37:27.200]  to say that everybody was being unfair to his client, that she was being persecuted
[37:27.200 --> 37:34.960]  by everybody, and was run out of the town that she loved because of the persecution,
[37:34.960 --> 37:41.320]  and she did nothing wrong. But even if she did, what they're doing to her doesn't fit
[37:41.320 --> 37:47.320]  the crime. I find that interesting. She's not guilty, but even if she is, the punishment
[37:47.320 --> 37:50.320]  is too harsh.
[37:50.320 --> 37:55.440]  Wham, wham, wham.
[37:55.440 --> 38:03.680]  That's not arguing that she's innocent, that she's being unjustly prosecuted. That's just
[38:03.680 --> 38:08.640]  arguing that everybody should be nice to her, even though she's screwed everybody she deals
[38:08.640 --> 38:09.640]  with.
[38:09.640 --> 38:17.920]  Yes, including the attorney. Oh, he'll learn. He won't get paid, either, in full.
[38:17.920 --> 38:18.920]  Good.
[38:18.920 --> 38:20.920]  Well, all the others haven't.
[38:20.920 --> 38:28.320]  There was one thing, in all of that, did the term churlish appear anywhere?
[38:28.320 --> 38:38.200]  There it is. I couldn't help it. I tried. I just couldn't help it.
[38:38.200 --> 38:44.880]  In fact, that's a good thing. I will contact the reporter and say she might want to use
[38:44.880 --> 38:53.840]  that word in her next report. Anyway, the second is, there's a couple of things. I sent
[38:53.840 --> 39:01.560]  you something, both of you, the 28 U.S.C. 1651, the All Writs Act. Have you ever heard
[39:01.560 --> 39:02.560]  of that?
[39:02.560 --> 39:03.560]  No.
[39:03.560 --> 39:12.120]  Well, it says here that the person who gave it to me to put into my motion to overturn
[39:12.120 --> 39:19.520]  that judgment for all the false reasons it was given on my property, she said the All
[39:19.520 --> 39:28.600]  Writs Act is an equitable remedy given to all federal court to give orders on equitable
[39:28.600 --> 39:35.440]  grounds, such as setting aside the judgment or vacating judgment due to fraud, issuing
[39:35.440 --> 39:42.320]  of writ of mandamus, writ of quorum, nobis, et cetera.
[39:42.320 --> 39:46.320]  The All Writs Act. I will have to look that up.
[39:46.320 --> 39:49.440]  Interesting. Yeah, thanks for sharing that.
[39:49.440 --> 39:55.600]  Well, I was hoping that you could look at it and then explain it to us, maybe.
[39:55.600 --> 40:00.280]  Okay. Wait, wait, wait. 1661. What's that?
[40:00.280 --> 40:01.280]  1661.
[40:01.280 --> 40:06.360]  Say that again. Give us the designation again.
[40:06.360 --> 40:09.600]  28 U.S.C. 1651.
[40:09.600 --> 40:14.880]  Okay. I missed the first part, U.S.C. 88?
[40:14.880 --> 40:16.880]  No, 28.
[40:16.880 --> 40:19.880]  28. Okay. 28 U.S.C.
[40:19.880 --> 40:22.880]  I'm hearing these things, Mandy.
[40:22.880 --> 40:31.880]  Oh, I was thinking, IRS is 26 and 27. Okay. I thought we were getting close to the IRS.
[40:31.880 --> 40:36.880]  28 U.S.C. 1661, the All Writs Act.
[40:36.880 --> 40:39.880]  1651. 1651. 51.
[40:39.880 --> 40:44.880]  Oh. 51. Okay. Got it.
[40:44.880 --> 40:53.880]  Yeah. If you could explain it to us, maybe next week, because I think I've got it, but
[40:53.880 --> 41:00.880]  I'm really not sure if I'm asked to explain it in full, how to fully explain it, how it,
[41:00.880 --> 41:05.880]  you know, pertains to my request for vacating the judgment.
[41:05.880 --> 41:10.880]  Okay. I will look at it this week, and it sounds interesting.
[41:10.880 --> 41:16.880]  Yeah. And the last thing you were talking, I was listening to one of your shows the other
[41:16.880 --> 41:22.880]  night, the criminal complaint against Mnuchin. I know you're working on everything else,
[41:22.880 --> 41:28.880]  but I remember you saying that only one of them was state. We put federal in them. Is
[41:28.880 --> 41:34.880]  there anything we can do to go after him federally for these criminal complaints? And if so,
[41:34.880 --> 41:36.880]  how would that be done?
[41:36.880 --> 41:42.880]  Oh, I was talking about that earlier. You start out by filing the complaint with the
[41:42.880 --> 41:49.880]  special agent in charge of the FBI. And since Mnuchin was a Republican, it's probably a
[41:49.880 --> 41:52.880]  good time to do that.
[41:52.880 --> 42:00.880]  Okay. So we put that same complaint into the special agent in charge of the FBI. Do I put
[42:00.880 --> 42:03.880]  it here with a special agent in California?
[42:03.880 --> 42:08.880]  Okay. You put it wherever you are.
[42:08.880 --> 42:11.880]  Okay.
[42:11.880 --> 42:19.880]  Since the notary issue was a Texas state issue, but the rest of them are fed. So if there's
[42:19.880 --> 42:29.880]  a state issue with federal issues, then the federal court can rule on the state issue.
[42:29.880 --> 42:35.880]  And you might want to throw the district attorney in there for shielding them from prosecution.
[42:35.880 --> 42:38.880]  No, that's a state issue.
[42:38.880 --> 42:42.880]  That's a state, and that's Texas. So then I'd be crossing from Texas to California.
[42:42.880 --> 42:51.880]  Well, he was dealing with federal complaints, but since he dismissed them, that won't get
[42:51.880 --> 43:01.880]  us a diversity issue. I was just kind of thinking out loud there.
[43:01.880 --> 43:05.880]  Maybe, Brett, I can get with you on and figure out just how to do this. And then I'll, you
[43:05.880 --> 43:10.880]  know, if I can, I might as well throw him under the bus with the FBI here because maybe
[43:10.880 --> 43:12.880]  they don't like him.
[43:12.880 --> 43:16.880]  You mean how to do a federal criminal complaint?
[43:16.880 --> 43:19.880]  Yeah.
[43:19.880 --> 43:27.880]  It's basically the same thing. You take the text of the, this time you'll be looking at
[43:27.880 --> 43:33.880]  a federal crime. So you take the text of that federal crime and you copy and paste it into,
[43:33.880 --> 43:40.880]  it can just be one page. It's as simple as taking that text and turning it into, it comes
[43:40.880 --> 43:46.880]  in the offense. It's codified as this would be a crime if somebody were to do this and
[43:46.880 --> 43:51.880]  this and that. So it's all in that kind of conditional subjunctive kind of language.
[43:51.880 --> 43:57.880]  And you twist it around into say past tense. You say this person did this, this and this
[43:57.880 --> 43:59.880]  and that.
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[46:14.880 --> 46:36.880]  All right. We are back. Rule of Law Radio. Randy Kelton. I'm Brett Fountain. And we're
[46:36.880 --> 46:42.880]  talking with Tina in California. So, Tina, we were talking about the federal criminal
[46:42.880 --> 46:48.880]  complaints and how those are similar to doing it in the state and how it's different. Instead
[46:48.880 --> 46:53.880]  of referencing the state offense, just like when you're doing a state criminal complaint,
[46:53.880 --> 46:58.880]  you copy and paste from the state, the penal code or the crime, how it's codified in the
[46:58.880 --> 47:04.880]  state, do the exact same thing here. So, you would look in 18 U.S. Code, whatever, where
[47:04.880 --> 47:09.880]  it's defined as a crime, whatever that you're complaining about, and you copy and paste,
[47:09.880 --> 47:17.880]  you turn it into past tense, you say, this person did this, this, and that. And then
[47:17.880 --> 47:24.880]  you have your criminal complaint. And instead of taking it to a notary public, like you
[47:24.880 --> 47:33.880]  would do in a state, you go to your federal building and you try to go see a magistrate.
[47:33.880 --> 47:40.880]  Well, good luck with that. You're going to run into a whole bunch of burly federal marshals
[47:40.880 --> 47:45.880]  who don't want to let you in because you're not supposed to be going directly to them.
[47:45.880 --> 47:50.880]  What's wrong with you? And they don't want to let you in. So, then you can either file
[47:50.880 --> 47:55.880]  criminal complaints against all of them, do records requests and get their names and
[47:55.880 --> 48:03.880]  attachments and all that stuff, or conserve your energy and just go directly to the nearest JP.
[48:03.880 --> 48:12.880]  Anybody that is a local state judicial officer, you can go to a municipal judge, any justice
[48:12.880 --> 48:19.880]  of the peace, as long as you've tried the federal judge first, the federal magistrate.
[48:19.880 --> 48:31.880]  In Texas, Attorney General Opinion H500, it addresses this issue. And it doesn't require
[48:31.880 --> 48:40.880]  you to go to a federal office first. It says that a magistrate can hear any complaint,
[48:40.880 --> 48:47.880]  state or felony, felony or misdemeanor, from anywhere within the state. Did I say state
[48:47.880 --> 48:52.880]  or felony? State or federal, felony or misdemeanor, anywhere in the state.
[48:52.880 --> 48:55.880]  So that's the Attorney General's opinion?
[48:55.880 --> 48:59.880]  Yeah, the Texas Attorney General. And it goes to the reason magistrates were created
[48:59.880 --> 49:05.880]  and spread around the counties. They wanted a county within a day's horseback ride from
[49:05.880 --> 49:12.880]  any spot in the county. So, if you're arrested this guy for a federal issue, they're not
[49:12.880 --> 49:22.880]  going to ask you to go to a federal magistrate. All the laws say nearest magistrate. So,
[49:22.880 --> 49:27.880]  doesn't matter what the crime is, any nearest magistrate can hear it.
[49:27.880 --> 49:35.880]  Okay. Well, if you look at the rules, the federal rules of criminal procedure, it's
[49:35.880 --> 49:43.880]  Rule 3 and 4 that talk about this. Rule 3 says what the complaint is, it's a written
[49:43.880 --> 49:51.880]  statement of essential facts constituting the offense charged. And then it says you
[49:51.880 --> 49:58.880]  take it to a magistrate judge or if none is reasonably available before a state or local
[49:58.880 --> 50:06.880]  judicial officer. So, that's what I mean by you tried to go to them. It doesn't exactly
[50:06.880 --> 50:11.880]  say you have to try. It just says if none is reasonably available. So, yeah, you could
[50:11.880 --> 50:16.880]  just say, oh my goodness, that's six whole blocks away. I can't go six whole blocks
[50:16.880 --> 50:23.880]  to the federal place. I'm going to go to this local judicial officer. And I guess that
[50:23.880 --> 50:33.880]  could work out too. The Rule 4 says what the receiving judge is supposed to do with that.
[50:33.880 --> 50:41.880]  It doesn't give any kind of discretion. When he gets that affidavit that's filed with your
[50:41.880 --> 50:46.880]  complaint, the complaint says and the affidavit says that there's probable cause to believe
[50:46.880 --> 50:52.880]  an offense has been committed and the defendant committed it, the judge must issue an arrest
[50:52.880 --> 50:59.880]  warrant. There's no if there. There's no discretion. He doesn't get to say, oh, well,
[50:59.880 --> 51:04.880]  that didn't come through my U.S. attorney buddy that we always go golfing together.
[51:04.880 --> 51:09.880]  I'm sure I'm not supposed to do this. I'm not going to do this. He doesn't get to
[51:09.880 --> 51:16.880]  fit. Rule 4 tells him very specifically that he has one option. That's it.
[51:16.880 --> 51:17.880]  Okay.
[51:17.880 --> 51:19.880]  How does that sound?
[51:19.880 --> 51:24.880]  That is better than going to the special agent in charge.
[51:24.880 --> 51:25.880]  I like it.
[51:25.880 --> 51:32.880]  That gets a warrant issued immediately or it gives you a direct shot at the magistrate.
[51:32.880 --> 51:33.880]  Exactly.
[51:33.880 --> 51:37.880]  You've got to try that. You've got to try that, Tina. I want to see how it works. And
[51:37.880 --> 51:42.880]  if they drag you out of the house and beat you into unconsciousness, then I won't try
[51:42.880 --> 51:55.880]  that one.
[51:55.880 --> 51:59.880]  I am definitely going to try that one.
[51:59.880 --> 52:05.880]  Yeah, that's just right along the lines of the Texas, the 1509 in Texas, right?
[52:05.880 --> 52:06.880]  Exactly.
[52:06.880 --> 52:12.880]  And it's warranted a little bit differently, but the result is really the same. The meaning
[52:12.880 --> 52:14.880]  is practically identical.
[52:14.880 --> 52:20.880]  Yeah, guys, that's why Brett gets the big bucks on this show.
[52:20.880 --> 52:26.880]  Brett, I'm going to double your salary.
[52:26.880 --> 52:29.880]  From one dollar to two?
[52:29.880 --> 52:31.880]  One dollar?
[52:31.880 --> 52:40.880]  Hey, I didn't know there was anything but zero's going to be in there. That's cool.
[52:40.880 --> 52:46.880]  Well, you deserve more, let's put it that way. One day when we win the lottery, we'll
[52:46.880 --> 52:50.880]  pay you more.
[52:50.880 --> 52:55.880]  Anyway, I'll let you go to some other callers where you've got some things to think about,
[52:55.880 --> 52:59.880]  but if you can come on next week and talk about that all right, Zach, if you've studied
[52:59.880 --> 53:06.880]  it and give us your expert opinion, I would really love it.
[53:06.880 --> 53:10.880]  Okay, yeah, I will look at that this weekend.
[53:10.880 --> 53:12.880]  Okay, sounds good. Have a good night.
[53:12.880 --> 53:15.880]  Thanks, Tina.
[53:15.880 --> 53:18.880]  Oh, you're welcome. Okay, talk to you later.
[53:18.880 --> 53:21.880]  Thank you, Tina, darling.
[53:21.880 --> 53:22.880]  You're welcome.
[53:22.880 --> 53:30.880]  She instructed me earlier today to call her that, so that's perfectly all right for me to do that.
[53:30.880 --> 53:38.880]  Okay, now we're going to go to Iona in Rhode Island.
[53:38.880 --> 53:39.880]  Hi.
[53:39.880 --> 53:42.880]  There we go. Howdy, howdy.
[53:42.880 --> 53:46.880]  What do you have for us today?
[53:46.880 --> 53:52.880]  Oh, I sent you the seedings. I don't know if there were too many papers.
[53:52.880 --> 53:59.880]  I just sent all in the packet that said Superior Court. Did you get to look at them?
[53:59.880 --> 54:04.880]  What was the email address?
[54:04.880 --> 54:07.880]  Or what was the...
[54:07.880 --> 54:13.880]  I get 100 emails a day, so I'm not sure which one it is.
[54:13.880 --> 54:22.880]  Maybe if you can tell him the date and time, that could maybe help him to find it without telling your email out for everybody.
[54:22.880 --> 54:28.880]  Right. Let me look right now, but in the meantime, while I'm looking, I'm going to tell you something.
[54:28.880 --> 54:35.880]  The lawyer produced the, you said, see if he'll produce the copies.
[54:35.880 --> 54:42.880]  Okay, wait, wait. This is the one where they're offering this, trying to do a settlement, and you're not happy with it.
[54:42.880 --> 54:47.880]  Yeah, because it's been 10 years.
[54:47.880 --> 54:51.880]  Okay, now I know who we're talking to.
[54:51.880 --> 54:58.880]  You said, tell him to produce the... We thought that maybe he signed something without me, right?
[54:58.880 --> 55:02.880]  We were suspecting that maybe that's what he did, right?
[55:02.880 --> 55:10.880]  But then you said, well, first give him a chance to redeem himself by asking him for a copy of the records of your case.
[55:10.880 --> 55:16.880]  So I asked him for a copy of the records of the case, and it took him about a week.
[55:16.880 --> 55:23.880]  But what I did was, in that week, I basically said, oh, I'm coming the next day.
[55:23.880 --> 55:29.880]  And then he started to... You said, watch how you react. So I've been watching how you react.
[55:29.880 --> 55:34.880]  I don't know how much of that matters to you or not, but maybe just the pleadings matter to you.
[55:34.880 --> 55:41.880]  So I don't want to waste your time talking about how you reacted, unless the pleadings are all that matter.
[55:41.880 --> 55:50.880]  No, how you're... All lawyers are bad guys. So how he reacts really is important.
[55:50.880 --> 55:57.880]  Figure it out. All right. It's not that important.
[55:57.880 --> 56:07.880]  It is important. You know, Brett and I, we bar-grieve lawyers all the time, and we joke about it.
[56:07.880 --> 56:14.880]  But we never file a bar grievance unless there's grounds for it.
[56:14.880 --> 56:22.880]  And I try not ever to hammer somebody if they're trying to do the right thing, even if they're not getting it right.
[56:22.880 --> 56:26.880]  If they're trying to, the last thing I want to do is beat them up.
[56:26.880 --> 56:32.880]  And you asked your lawyer to produce documents, and he actually produced them.
[56:32.880 --> 56:38.880]  Yeah. It took him a week, but they're... What? That's not long.
[56:38.880 --> 56:40.880]  Well, that's a really good sign.
[56:40.880 --> 56:50.880]  Anybody who's listened to this show for a while has heard people trying to get documents from their lawyers, and the lawyers just ignore them.
[56:50.880 --> 56:52.880]  So this guy's paying attention.
[56:52.880 --> 56:57.880]  I sent a very interrogating letter prior, so, I mean, he's nervous right now.
[56:57.880 --> 57:03.880]  He's very nervous, and he's saying things that are like, you know, to my sister.
[57:03.880 --> 57:10.880]  He's trying to persuade... My sister went and got the records, and he was trying to say, oh, you know, I've known her for so long.
[57:10.880 --> 57:14.880]  She's so intelligent. You know, I really respect her.
[57:14.880 --> 57:24.880]  He said he was going to lower his fees. He highly... I'm so smart and intelligent, and he's telling my sister...
[57:24.880 --> 57:26.880]  Uh-oh. That's a red flag.
[57:26.880 --> 57:29.880]  Yeah. Listen, he doesn't know me that well.
[57:29.880 --> 57:35.880]  He knows me for 10 years because he's been my lawyer, and he's only seen me at the grocery store once in a while.
[57:35.880 --> 57:37.880]  He's in my neighborhood. You know what I mean?
[57:37.880 --> 57:44.880]  But he doesn't know me, and he knows that I'm not that intelligent because, you know, this has been going on 10 years.
[57:44.880 --> 57:52.880]  So, you know, this is the deal. He tried to tell her, make sure she settled.
[57:52.880 --> 58:00.880]  He was telling her, you know, repeatedly, trying to get my sister to come here and persuade me to not go to court.
[58:00.880 --> 58:06.880]  Before, he kept telling me the whole time, well, we can't get more unless we go to court.
[58:06.880 --> 58:11.880]  Now, I say, I'm ready to go to court. He's saying, oh, no, you don't want to go to court.
[58:11.880 --> 58:15.880]  You don't want to go to court. What's your new settlement? That's what he's saying to me now.
[58:15.880 --> 58:20.880]  I need to know what your new number is.
[58:20.880 --> 58:23.880]  So, what do you want to do?
[58:23.880 --> 58:28.880]  I don't know what to do next. I sent you the pleadings because I was going to wait for what you thought about him.
[58:28.880 --> 58:33.880]  Okay. I'm setting up a new business right now, so I was really buried.
[58:33.880 --> 58:44.880]  I found one of your emails. Send me another email in the morning and remind me to go through your pleadings.
[58:44.880 --> 58:49.880]  Okay. Okay.
[58:49.880 --> 58:53.880]  Would you like to make more definite progress in your walk with God?
[58:53.880 --> 59:00.880]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:00.880 --> 59:05.880]  The New Testament Recovery Version is one of the most comprehensive study Bibles available today.
[59:05.880 --> 59:12.880]  It's an accurate translation, and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:12.880 --> 59:17.880]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:17.880 --> 59:23.880]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:23.880 --> 59:27.880]  growing in Christ, and how to build up the Church.
[59:27.880 --> 59:33.880]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:33.880 --> 59:44.880]  call Bibles for America toll-free at 888-551-0102. That's 888-551-0102.
[59:44.880 --> 59:49.880]  Or visit us online at bfa.org.
[59:49.880 --> 59:59.880]  You're listening to the Logos Radio Network at logosradionetwork.com.
[59:59.880 --> 01:00:05.880]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:00:05.880 --> 01:00:10.880]  They guarantee the specific freedoms Americans should know and protect. Our liberty depends on it.
[01:00:10.880 --> 01:00:16.880]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:00:16.880 --> 01:00:21.880]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:00:21.880 --> 01:00:26.880]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:26.880 --> 01:00:31.880]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:00:31.880 --> 01:00:34.880]  Privacy, it's worth hanging on to.
[01:00:34.880 --> 01:00:41.880]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:00:41.880 --> 01:00:45.880]  Start over with StartPage.
[01:00:45.880 --> 01:00:51.880]  Imagine your mom and dad are getting ready for bed. They pull back the covers and find a third party there.
[01:00:51.880 --> 01:00:54.880]  He announces, I'm with the military and I'm sleeping here tonight.
[01:00:54.880 --> 01:01:00.880]  That shocking image of a third party in my parents' bed reminds me what the Third Amendment was designed to prevent.
[01:01:00.880 --> 01:01:06.880]  It protects us from being forced to share our homes with soldiers, a common demand in the days of our founding fathers.
[01:01:06.880 --> 01:01:09.880]  Third party, Third Amendment? Get it?
[01:01:09.880 --> 01:01:17.880]  We answer a knock at your door and guys in fatigues demand lodging. Tell them to dust off their copy of the Bill of Rights and re-read the Third Amendment.
[01:01:17.880 --> 01:01:31.880]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:01:31.880 --> 01:01:35.880]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:01:35.880 --> 01:01:40.880]  To guarantee the specific freedoms Americans should know and protect, our liberty depends on it.
[01:01:40.880 --> 01:01:46.880]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:01:46.880 --> 01:01:52.880]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:01:52.880 --> 01:01:57.880]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:57.880 --> 01:02:02.880]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:02:02.880 --> 01:02:08.880]  Privacy, it's worth hanging on to. This public service announcement is brought to you by Startpage.com,
[01:02:08.880 --> 01:02:12.880]  the private search engine alternative to Google, Yahoo, and Bing.
[01:02:12.880 --> 01:02:15.880]  Start over with Startpage.
[01:02:15.880 --> 01:02:21.880]  Imagine four eyes staring at you through binoculars, a magnifying glass, or a pair of x-ray goggles.
[01:02:21.880 --> 01:02:27.880]  That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable search and seizure.
[01:02:27.880 --> 01:02:30.880]  Fourth Amendment? Four eyes staring at you? Get it?
[01:02:30.880 --> 01:02:34.880]  Unfortunately, the government is trampling our Fourth Amendment rights in the name of security.
[01:02:34.880 --> 01:02:39.880]  Keys and points, TSA airport scanners that peer under your clothing.
[01:02:39.880 --> 01:02:43.880]  When government employees demand a peek at your privates without probable cause,
[01:02:43.880 --> 01:02:46.880]  I say it's time to sound the constitutional alarm bells.
[01:02:46.880 --> 01:02:53.880]  Join me in asking our representatives to dust off the Bill of Rights and use their googly eyes to take a gander at the Fourth.
[01:02:53.880 --> 01:03:00.880]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:03:23.880 --> 01:03:37.880]  I'm my father's dog, I will live till he returns. I will live with my father's house,
[01:03:37.880 --> 01:03:47.880]  he has loved me with his faith and with God, I will aid my concerns. I will live with my father's house,
[01:03:47.880 --> 01:04:05.880]  I will guard these walls in penance, when they come to take this place.
[01:04:05.880 --> 01:04:21.880]  Take a peek in every night to show the father and daughter, kiss all the parasites from around her.
[01:04:21.880 --> 01:04:28.880]  See if your soul surrender quickly. That's what we are doing now, we have the house you see.
[01:04:28.880 --> 01:04:36.880]  Okay, we are back, Randy Kelton, Brett Fountain, Root of Law Radio, and we're talking to Iona in Rhode Island.
[01:04:36.880 --> 01:04:45.880]  And yeah, if you will send me those documents, send me an email in the morning and remind me to look at those,
[01:04:45.880 --> 01:04:53.880]  I'll pull them up and go through them and then email you back, probably some questions.
[01:04:53.880 --> 01:05:02.880]  I have a question about the bar grievance. So I said to him, as I was waiting for the files,
[01:05:02.880 --> 01:05:07.880]  I said, who's the lawyer for the insurance company? And he said, this woman.
[01:05:07.880 --> 01:05:16.880]  And he goes, she's the one that took your disposition. And he goes, she won't talk to you, but I can ask her if you want.
[01:05:16.880 --> 01:05:25.880]  And so now I'm sitting in my head thinking, do I bargrieve her, then talk to her? Because you know what I mean?
[01:05:25.880 --> 01:05:30.880]  Well, you don't really know what's going on yet.
[01:05:30.880 --> 01:05:31.880]  Okay.
[01:05:31.880 --> 01:05:37.880]  They may be all acting in good faith, you just don't know that yet.
[01:05:37.880 --> 01:05:46.880]  We do like to bargrieve lawyers at the drop of a hat, but we always want them to have done something to bargrieve them for.
[01:05:46.880 --> 01:05:55.880]  And they're generally real good at giving you that. But you asked this lawyer for documentation, he got it to you.
[01:05:55.880 --> 01:05:57.880]  That's a good sign.
[01:05:57.880 --> 01:05:59.880]  Yeah.
[01:05:59.880 --> 01:06:09.880]  So I'm less comfortable, you know, I was uncomfortable thinking they were likely setting you up, but I'm not so sure about that now.
[01:06:09.880 --> 01:06:15.880]  So I want to let me look at the documents and then I'll give a recommendation.
[01:06:15.880 --> 01:06:18.880]  All right.
[01:06:18.880 --> 01:06:25.880]  Okay. Thank you, Iona. We'll probably talk email tomorrow.
[01:06:25.880 --> 01:06:26.880]  All right.
[01:06:26.880 --> 01:06:32.880]  Okay. Now we're going to go to Jane in Texas. Hello, Jane.
[01:06:32.880 --> 01:06:36.880]  What do you have for us today?
[01:06:36.880 --> 01:06:39.880]  Hi, Randy and Brett. How y'all doing or not?
[01:06:39.880 --> 01:06:41.880]  We're doing good.
[01:06:41.880 --> 01:06:42.880]  If I can find one.
[01:06:42.880 --> 01:06:43.880]  Good, good.
[01:06:43.880 --> 01:06:45.880]  Good evening.
[01:06:45.880 --> 01:06:58.880]  Okay. Well, a couple things. All right. I've been, you know, I've been mulling over this trespassing, what's it called, attempt entry desk.
[01:06:58.880 --> 01:07:07.880]  And I know you'd said on a telegram, Randy, that, you know, the statute of limitations was two years.
[01:07:07.880 --> 01:07:22.880]  And, but I found something in the limitation, the code of criminal procedure that throws in some other stuff that I don't know if it applies to this or not, because it says something about pendency.
[01:07:22.880 --> 01:07:38.880]  Pendency being, which is confusing to me because I don't know if they're talking about the statute of limitations. It says that a pendency or something about it being excluded sometime. You know what I'm saying or not?
[01:07:38.880 --> 01:07:54.880]  Yes. Once the charges have been filed, then you get in dependency time. And if you file a motion for continuance, that amount of time doesn't apply.
[01:07:54.880 --> 01:08:12.880]  But that goes to something else, actually. Statute of limitations, that just goes to from the time the offense occurred until the time the first complaint is filed.
[01:08:12.880 --> 01:08:20.880]  So the complaint is filed, meaning what? That the complaint is filed before the court or the complaint citation is sent to me or what?
[01:08:20.880 --> 01:08:25.880]  The complaint is filed with a magistrate.
[01:08:25.880 --> 01:08:29.880]  Oh, well, since they didn't do that.
[01:08:29.880 --> 01:08:31.880]  Right?
[01:08:31.880 --> 01:08:46.880]  Well, that you can claim that there is no prosecution. That's a different issue. That's not a statute of limitations issue. That's a 1617 issue.
[01:08:46.880 --> 01:08:58.880]  There was no warrant. There was no examining trial and there is no 1617 order. But that's a different issue from statute of limitations.
[01:08:58.880 --> 01:09:20.880]  Okay. So then when it says, where is my paper right here? When it says that the statute of limitations, the compensation of time is the day of the offense and then it ends on the two years,
[01:09:20.880 --> 01:09:36.880]  the day the offense was committed and the day on which the indictment or information is presented shall be excluded from the compensation of time.
[01:09:36.880 --> 01:09:44.880]  So I still don't know when the day of the indictment. Is that the date that they sent me the citation?
[01:09:44.880 --> 01:09:52.880]  There is no indictment in a misdemeanor.
[01:09:52.880 --> 01:09:54.880]  So where it says...
[01:09:54.880 --> 01:10:00.880]  He said indictment or information. You have to read all those words.
[01:10:00.880 --> 01:10:01.880]  Yeah.
[01:10:01.880 --> 01:10:07.880]  In the case of a misdemeanor, they will file an information with the court. The prosecutor will.
[01:10:07.880 --> 01:10:18.880]  Okay. So that information filed with the court is going to be excluded from the compensation of statute of limitations?
[01:10:18.880 --> 01:10:21.880]  Right. So if the...
[01:10:21.880 --> 01:10:30.880]  So then what you're saying is then what you're saying is if I didn't get the charges, I did the offense on May the 19th, but I didn't get the actual citation in the mail,
[01:10:30.880 --> 01:10:39.880]  which I guess that would have been when they filed it with the court, the investigator had the prosecution, blah, blah, blah, prosecuted or whatever.
[01:10:39.880 --> 01:10:48.880]  I didn't get charged with it until April 30th. So I can't really use statute of limitations as being a defense.
[01:10:48.880 --> 01:10:49.880]  Right.
[01:10:49.880 --> 01:10:53.880]  If it's not here yet, the court based on March the 30th, right?
[01:10:53.880 --> 01:10:58.880]  What you can use is a 1617 issue.
[01:10:58.880 --> 01:11:00.880]  1617.
[01:11:00.880 --> 01:11:04.880]  They were required to hold an examining trial.
[01:11:04.880 --> 01:11:06.880]  Okay. Okay.
[01:11:06.880 --> 01:11:10.880]  They're also required to arrest you.
[01:11:10.880 --> 01:11:13.880]  Really? Really?
[01:11:13.880 --> 01:11:19.880]  Yeah. That's what we've been arguing. That's what the law says.
[01:11:19.880 --> 01:11:27.880]  And when they arrest you, they're required to take you for a magistrate and hold an examining trial.
[01:11:27.880 --> 01:11:32.880]  This is a very good chance that the magistrate would throw it out.
[01:11:32.880 --> 01:11:36.880]  Most definitely. It's ridiculous.
[01:11:36.880 --> 01:11:44.880]  Because I'm not seeing that under 1617. I'm seeing it under Chapter 16 criminal procedure number two, where it shall draw complaints and when a complaint is made.
[01:11:44.880 --> 01:11:46.880]  Is that not what you're talking about?
[01:11:46.880 --> 01:11:53.880]  No. 1617 order there. Chapter 16 is examining trial.
[01:11:53.880 --> 01:11:57.880]  Okay. 1617 is a criminal procedure. Okay.
[01:11:57.880 --> 01:12:01.880]  This gets a little complex.
[01:12:01.880 --> 01:12:11.880]  In order for the trial court to have subject matter jurisdiction, there must have been a determination of probable cause.
[01:12:11.880 --> 01:12:17.880]  And they have in the investigative paperwork.
[01:12:17.880 --> 01:12:26.880]  So there must be a determination of probable cause by some magistrate.
[01:12:26.880 --> 01:12:30.880]  Okay. Okay. That's the difference right there. Okay.
[01:12:30.880 --> 01:12:32.880]  It has to be by a magistrate.
[01:12:32.880 --> 01:12:40.880]  And the probable cause determination can only be made after an examining trial under Chapter 16.
[01:12:40.880 --> 01:12:51.880]  And once the determination is made in a proper examining trial, the judge is to issue an order to the effect of the outcome of the trial.
[01:12:51.880 --> 01:12:59.880]  Whether he released you at your liberty, bound you to the court, released you on bail, or remanded you to the jail.
[01:12:59.880 --> 01:13:08.880]  And then he's to forward that order to the clerk of the court of jurisdiction within 48 hours.
[01:13:08.880 --> 01:13:15.880]  If it's not forwarded within 48 hours, the accused has a right to discharge.
[01:13:15.880 --> 01:13:18.880]  That you still got. Okay.
[01:13:18.880 --> 01:13:23.880]  And that goes to any time after that wasn't done?
[01:13:23.880 --> 01:13:28.880]  Yes. No, wait. That's not the right question.
[01:13:28.880 --> 01:13:36.880]  You're going back to statute of limitations, mixing that up with lack of subject matter jurisdiction.
[01:13:36.880 --> 01:13:39.880]  Yeah, because they make it confusing like this. You know what I'm saying?
[01:13:39.880 --> 01:13:44.880]  No, no, no. You're making it confusing. You're stitching them together. They're not together. They're totally different issues.
[01:13:44.880 --> 01:13:45.880]  Okay.
[01:13:45.880 --> 01:13:51.880]  You don't have statute of limitations. And this has nothing to do with statute of limitations.
[01:13:51.880 --> 01:14:04.880]  It has to do with a specific statutory requirement by the legislature has issued to the courts.
[01:14:04.880 --> 01:14:14.880]  And if they don't do what the statutes say they're supposed to do, that goes to procedural due process.
[01:14:14.880 --> 01:14:15.880]  Okay.
[01:14:15.880 --> 01:14:20.880]  The courts will say in a misdemeanor you don't have a right to an examining trial.
[01:14:20.880 --> 01:14:32.880]  But you do have a right to procedural due process. And procedural due process commands them to hold an examining trial.
[01:14:32.880 --> 01:14:33.880]  Okay.
[01:14:33.880 --> 01:14:45.880]  So indirectly you have the right to an examining trial because the only way a prosecution in Texas can commence is by this method.
[01:14:45.880 --> 01:14:52.880]  And they're not following that method. So I've got the document already printed up.
[01:14:52.880 --> 01:14:59.880]  Fill in the blanks. If you send me an email and ask me for it, I will send it to you.
[01:14:59.880 --> 01:15:07.880]  Okay. Now is the due process, is that under the 16 and 17 also?
[01:15:07.880 --> 01:15:11.880]  16 and 17 is under due process.
[01:15:11.880 --> 01:15:20.880]  Okay. So that's under due process. Okay. Because see what I was saying about the any time, what I meant was any time.
[01:15:20.880 --> 01:15:26.880]  I mean just like I can bring this up any time, but they didn't give me an examining trial. Correct?
[01:15:26.880 --> 01:15:33.880]  Yeah. This goes to the subject matter jurisdiction of the court. So yes, it can be challenged at any time no matter how remote in history.
[01:15:33.880 --> 01:15:39.880]  If you were prosecuted and convicted 10 years ago, you can still bring this.
[01:15:39.880 --> 01:15:44.880]  Really? Okay. What about if it was 25 years ago?
[01:15:44.880 --> 01:15:53.880]  Yes. The case law says no matter how remote in history.
[01:15:53.880 --> 01:15:57.880]  Okay. Interesting.
[01:15:57.880 --> 01:16:06.880]  If they didn't have jurisdiction 25 years ago, it never ever accrues.
[01:16:06.880 --> 01:16:09.880]  Okay. I see what you're saying.
[01:16:09.880 --> 01:16:14.880]  It's not like one of those time heals all wrong kind of thing.
[01:16:14.880 --> 01:16:27.880]  Right. Right. So then actually before I have to worry about stuff, I only got the codes. I mean what the citation codes were that they were referring the actual penal code to.
[01:16:27.880 --> 01:16:34.880]  And I got those and so now I know what they are. But I don't even need to go to that yet because they don't have jurisdiction. Correct?
[01:16:34.880 --> 01:16:36.880]  Exactly.
[01:16:36.880 --> 01:16:37.880]  Yeah.
[01:16:37.880 --> 01:16:41.880]  You said that exactly right. You don't have to go there yet.
[01:16:41.880 --> 01:16:48.880]  First thing, you guys didn't follow the rules. You can't come after me.
[01:16:48.880 --> 01:16:55.880]  Okay. Okay. All right. I got one more question.
[01:16:55.880 --> 01:16:56.880]  Okay.
[01:16:56.880 --> 01:16:59.880]  On the other side.
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[01:17:48.880 --> 01:17:59.880]  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 now.
[01:17:59.880 --> 01:18:04.880]  I love Logos. Without the shows on this network, I'd be almost as ignorant as my friends.
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[01:18:57.880 --> 01:19:24.880]  Happy holidays, Logos.
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[01:19:57.880 --> 01:20:25.880]  Okay.
[01:20:25.880 --> 01:20:27.880]  Okay. We are back.
[01:20:27.880 --> 01:20:28.880]  Randy Kelton, Brett Fountain.
[01:20:28.880 --> 01:20:31.880]  We have our radio and we're talking Jane in Texas.
[01:20:31.880 --> 01:20:32.880]  Okay, Jane.
[01:20:32.880 --> 01:20:40.880]  I will send you this 1617 motion to dis- there's a challenge to subject matter jurisdiction.
[01:20:40.880 --> 01:20:42.880]  You might want to read it twice.
[01:20:42.880 --> 01:20:45.880]  You know, it's on the telegram side.
[01:20:45.880 --> 01:20:48.880]  I've posted it up there a couple of times.
[01:20:48.880 --> 01:20:50.880]  Okay. Well, you have to let me know what it's called.
[01:20:50.880 --> 01:20:53.880]  But is that under subject matter or is it under personal jurisdiction?
[01:20:53.880 --> 01:20:57.880]  Because I would think due process is under personal jurisdiction.
[01:20:57.880 --> 01:20:58.880]  No. No, no, no, no.
[01:20:58.880 --> 01:21:03.880]  You don't- in personam is what you're talking about.
[01:21:03.880 --> 01:21:07.880]  Yes. This is subject matter.
[01:21:07.880 --> 01:21:08.880]  Okay.
[01:21:08.880 --> 01:21:15.880]  In order for the court to be able to have jurisdiction,
[01:21:15.880 --> 01:21:20.880]  that order must be forwarded from the magistrate to the court.
[01:21:20.880 --> 01:21:21.880]  Okay.
[01:21:21.880 --> 01:21:29.880]  The magistrate has jurisdiction for the purpose of examining into a criminal accusation.
[01:21:29.880 --> 01:21:36.880]  Magistrates will put there to hear criminal complaints, make a determination of probable cause.
[01:21:36.880 --> 01:21:44.880]  If he finds probable cause, he forwards the order showing that he found probable cause to the court,
[01:21:44.880 --> 01:21:46.880]  to the clerk of the court of jurisdiction,
[01:21:46.880 --> 01:21:56.880]  and that moves jurisdiction from the justice of the peace or the magistrate or whatever he is to the trial court.
[01:21:56.880 --> 01:22:01.880]  Without that movement, the trial court doesn't have jurisdiction.
[01:22:01.880 --> 01:22:08.880]  If the magistrate finds no jurisdiction, then he still files that order with the court,
[01:22:08.880 --> 01:22:17.880]  but it doesn't transfer jurisdiction to the court because there is- he found no probable cause.
[01:22:17.880 --> 01:22:18.880]  Okay.
[01:22:18.880 --> 01:22:22.880]  But I'm- so then that applies to all level of offenses.
[01:22:22.880 --> 01:22:23.880]  Yes.
[01:22:23.880 --> 01:22:24.880]  Felonies, whatever.
[01:22:24.880 --> 01:22:25.880]  Okay.
[01:22:25.880 --> 01:22:26.880]  Yes.
[01:22:26.880 --> 01:22:34.880]  I have three things that I need to- three things I'm going to do depending on what happens after I do each one.
[01:22:34.880 --> 01:22:38.880]  But the first argument is going to be due process.
[01:22:38.880 --> 01:22:42.880]  The second one, I guess it's going to be motion to dismiss the prosecutor.
[01:22:42.880 --> 01:22:44.880]  Well, I mean, because I filed a bar agreement sooner.
[01:22:44.880 --> 01:22:46.880]  Or does that need to be first?
[01:22:46.880 --> 01:22:47.880]  No.
[01:22:47.880 --> 01:22:57.880]  You can't disqualify a prosecutor or anyone because you filed a grievance against them.
[01:22:57.880 --> 01:23:00.880]  Consider the problem with that.
[01:23:00.880 --> 01:23:01.880]  No.
[01:23:01.880 --> 01:23:05.880]  Okay. They have bias now.
[01:23:05.880 --> 01:23:06.880]  Wait.
[01:23:06.880 --> 01:23:08.880]  I didn't hear that last part.
[01:23:08.880 --> 01:23:09.880]  They have bias now.
[01:23:09.880 --> 01:23:13.880]  He's biased now because I filed a grievance on her.
[01:23:13.880 --> 01:23:18.880]  But you can already consider that they may be biased against you anyway.
[01:23:18.880 --> 01:23:23.880]  They're considered against you to start with.
[01:23:23.880 --> 01:23:25.880]  He's the prosecutor.
[01:23:25.880 --> 01:23:28.880]  It's his job to be biased.
[01:23:28.880 --> 01:23:29.880]  But look at Rule 12.
[01:23:29.880 --> 01:23:31.880]  You've got this motion to show authority.
[01:23:31.880 --> 01:23:38.880]  If you believe that the prosecutor is proceeding without the authority to prosecute,
[01:23:38.880 --> 01:23:42.880]  that's a roadblock you can throw in his way.
[01:23:42.880 --> 01:23:47.880]  He's got to deal with that first and demonstrate that he has standing.
[01:23:47.880 --> 01:23:54.880]  Demonstrate that he has properly brought everything with due process to even bring the thing.
[01:23:54.880 --> 01:24:05.880]  It's like another chapter to the jurisdiction thing because now you're focusing that lens on the prosecutor with Rule 12.
[01:24:05.880 --> 01:24:11.880]  Well, I would think that the prosecutor, this lady, she is a state attorney.
[01:24:11.880 --> 01:24:16.880]  She's a state prosecutor, but she works for the municipal court or whatever.
[01:24:16.880 --> 01:24:20.880]  She prosecutes cases in the municipal court.
[01:24:20.880 --> 01:24:24.880]  She's not an attorney. She's not a judge.
[01:24:24.880 --> 01:24:26.880]  What? Whoa, whoa, whoa.
[01:24:26.880 --> 01:24:29.880]  She's not an attorney?
[01:24:29.880 --> 01:24:30.880]  No, she's not.
[01:24:30.880 --> 01:24:33.880]  But she says that in the video, when you're in there waiting on to go in the hearing,
[01:24:33.880 --> 01:24:40.880]  because I went in there to watch a couple of cases, and she says, I'm not an attorney and I'm not a judge.
[01:24:40.880 --> 01:24:46.880]  I'm a state prosecutor, is what she says on the video.
[01:24:46.880 --> 01:24:47.880]  Not an attorney.
[01:24:47.880 --> 01:24:50.880]  I was a prosecutor, not an attorney.
[01:24:50.880 --> 01:24:53.880]  I think that's a matter of semantics.
[01:24:53.880 --> 01:24:57.880]  She means she's not a client's attorney.
[01:24:57.880 --> 01:25:01.880]  In order to be a state prosecutor, you must have a bar card.
[01:25:01.880 --> 01:25:03.880]  Have you checked to see if she has a bar card?
[01:25:03.880 --> 01:25:04.880]  Yes.
[01:25:04.880 --> 01:25:06.880]  But she doesn't have a law degree.
[01:25:06.880 --> 01:25:12.880]  She has a three-year jurist degree because I've already looked into her qualifications at Texas.
[01:25:12.880 --> 01:25:15.880]  Does she have a bar card?
[01:25:15.880 --> 01:25:17.880]  Yes, she does.
[01:25:17.880 --> 01:25:18.880]  That's enough.
[01:25:18.880 --> 01:25:21.880]  You can't argue past that.
[01:25:21.880 --> 01:25:22.880]  Okay.
[01:25:22.880 --> 01:25:26.880]  You don't need to.
[01:25:26.880 --> 01:25:27.880]  Okay.
[01:25:27.880 --> 01:25:32.880]  You can beat her up big time.
[01:25:32.880 --> 01:25:36.880]  Pick the issues that matter.
[01:25:36.880 --> 01:25:41.880]  Subject matter jurisdiction, first thing.
[01:25:41.880 --> 01:25:45.880]  They don't have all their paperwork in order.
[01:25:45.880 --> 01:25:47.880]  Okay.
[01:25:47.880 --> 01:25:49.880]  Well, they didn't do a criminal.
[01:25:49.880 --> 01:25:50.880]  They didn't do the family trial.
[01:25:50.880 --> 01:25:51.880]  They didn't do the magistrate.
[01:25:51.880 --> 01:25:54.880]  They didn't serve me through the process or anything.
[01:25:54.880 --> 01:25:55.880]  Okay.
[01:25:55.880 --> 01:25:59.880]  I think you're missing what we're saying.
[01:25:59.880 --> 01:26:01.880]  No, I'm not.
[01:26:01.880 --> 01:26:02.880]  No, wait.
[01:26:02.880 --> 01:26:03.880]  We just said that.
[01:26:03.880 --> 01:26:07.880]  This whole discussion just said that.
[01:26:07.880 --> 01:26:11.880]  And I was just repeating back what you said.
[01:26:11.880 --> 01:26:12.880]  Okay.
[01:26:12.880 --> 01:26:13.880]  Was that?
[01:26:13.880 --> 01:26:14.880]  Okay.
[01:26:14.880 --> 01:26:15.880]  Yes.
[01:26:15.880 --> 01:26:18.880]  The whole point is that they didn't do an examining trial.
[01:26:18.880 --> 01:26:21.880]  Exactly.
[01:26:21.880 --> 01:26:22.880]  Okay.
[01:26:22.880 --> 01:26:23.880]  All right.
[01:26:23.880 --> 01:26:24.880]  I know you got to go.
[01:26:24.880 --> 01:26:26.880]  But anyway, somebody needs to get in touch with Alice.
[01:26:26.880 --> 01:26:27.880]  I can't get ahold of them.
[01:26:27.880 --> 01:26:29.880]  I don't know, on telegram.
[01:26:29.880 --> 01:26:32.880]  So for a couple weeks I was...
[01:26:32.880 --> 01:26:33.880]  Wait a minute.
[01:26:33.880 --> 01:26:34.880]  Wait a minute.
[01:26:34.880 --> 01:26:35.880]  Wait a minute.
[01:26:35.880 --> 01:26:37.880]  I can't listen.
[01:26:37.880 --> 01:26:47.880]  She's thinking about somebody that is normally participating on these groups in telegram.
[01:26:47.880 --> 01:26:50.880]  And he hasn't shown up in a while.
[01:26:50.880 --> 01:26:54.880]  And she's just wondering about him.
[01:26:54.880 --> 01:26:57.880]  And actually I did reach out to him and haven't heard back.
[01:26:57.880 --> 01:27:02.880]  So, you know, somebody that's in Florida might even want...
[01:27:02.880 --> 01:27:05.880]  I know him.
[01:27:05.880 --> 01:27:09.880]  He's not going to share a lot about his...
[01:27:09.880 --> 01:27:11.880]  He doesn't even like his name to go out.
[01:27:11.880 --> 01:27:12.880]  Okay.
[01:27:12.880 --> 01:27:13.880]  Let's not do this on this show.
[01:27:13.880 --> 01:27:18.880]  I've sent him a private message and haven't got a response from him.
[01:27:18.880 --> 01:27:21.880]  So he may be out of pocket or something.
[01:27:21.880 --> 01:27:22.880]  Okay.
[01:27:22.880 --> 01:27:24.880]  Do you have anything else for us, Jerry?
[01:27:24.880 --> 01:27:25.880]  No.
[01:27:25.880 --> 01:27:26.880]  I love you guys.
[01:27:26.880 --> 01:27:27.880]  Y'all just take care.
[01:27:27.880 --> 01:27:28.880]  Have a good night.
[01:27:28.880 --> 01:27:29.880]  Go to somebody else.
[01:27:29.880 --> 01:27:30.880]  Take care.
[01:27:30.880 --> 01:27:31.880]  Okay.
[01:27:31.880 --> 01:27:35.880]  We're going to go to Stacy and you...
[01:27:35.880 --> 01:27:36.880]  Hold on just a second.
[01:27:36.880 --> 01:27:38.880]  John in New York.
[01:27:38.880 --> 01:27:41.880]  John, will you hang this thing up?
[01:27:41.880 --> 01:27:47.880]  It costs us by the minute while you're on and listen on The Listen Live.
[01:27:47.880 --> 01:27:48.880]  I was going to...
[01:27:48.880 --> 01:27:51.880]  Well, I was going to call you back.
[01:27:51.880 --> 01:27:58.880]  Was there any other information that you wanted tonight or should we skip it and go to another night?
[01:27:58.880 --> 01:28:00.880]  Yeah, another night.
[01:28:00.880 --> 01:28:01.880]  Okay.
[01:28:01.880 --> 01:28:02.880]  Thank you.
[01:28:02.880 --> 01:28:03.880]  Thank you.
[01:28:03.880 --> 01:28:04.880]  Okay.
[01:28:04.880 --> 01:28:06.880]  Now we're going to go to Stacy in New York.
[01:28:06.880 --> 01:28:13.880]  Hello, Stacy.
[01:28:13.880 --> 01:28:17.880]  Hello, Stacy.
[01:28:17.880 --> 01:28:19.880]  I'm not hearing Stacy in New York.
[01:28:19.880 --> 01:28:26.880]  If you're still on, Stacy, try hanging up and calling back.
[01:28:26.880 --> 01:28:30.880]  We also seem to have a new caller.
[01:28:30.880 --> 01:28:44.880]  If you are in the 559 area code, give us a name, first name, and a state.
[01:28:44.880 --> 01:28:46.880]  Nestor from California.
[01:28:46.880 --> 01:28:47.880]  Okay.
[01:28:47.880 --> 01:28:48.880]  This is...
[01:28:48.880 --> 01:28:49.880]  Wait.
[01:28:49.880 --> 01:28:50.880]  What was the name?
[01:28:50.880 --> 01:28:51.880]  Nestor.
[01:28:51.880 --> 01:28:52.880]  You call me Ricky.
[01:28:52.880 --> 01:28:53.880]  Ricky is easier.
[01:28:53.880 --> 01:28:54.880]  Ricky?
[01:28:54.880 --> 01:28:55.880]  Okay.
[01:28:55.880 --> 01:29:02.880]  Okay, Rick, what do you have for us today?
[01:29:02.880 --> 01:29:09.880]  Okay, so I have an alleged trial coming up less than two weeks away.
[01:29:09.880 --> 01:29:12.880]  An alleged trial?
[01:29:12.880 --> 01:29:21.880]  Yeah, it's some allegations I'm dealing with out of Arizona.
[01:29:21.880 --> 01:29:23.880]  Wait a minute.
[01:29:23.880 --> 01:29:28.880]  It's an allegation that you're getting work out of Arizona?
[01:29:28.880 --> 01:29:30.880]  No, no, sorry.
[01:29:30.880 --> 01:29:35.880]  The allegations, you know, the charges, they're out of Arizona.
[01:29:35.880 --> 01:29:37.880]  I'm from California.
[01:29:37.880 --> 01:29:38.880]  Oh, okay.
[01:29:38.880 --> 01:29:40.880]  Oh, it's Arizona charges.
[01:29:40.880 --> 01:29:41.880]  Okay.
[01:29:41.880 --> 01:29:45.880]  So Arizona crimes are being alleged.
[01:29:45.880 --> 01:29:46.880]  Exactly.
[01:29:46.880 --> 01:29:47.880]  Okay, hang on.
[01:29:47.880 --> 01:29:50.880]  We're about to go to our sponsors.
[01:29:50.880 --> 01:29:54.880]  We'll pick this up on the other side, Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:29:54.880 --> 01:30:00.880]  We'll be right back.
[01:30:00.880 --> 01:30:04.880]  A top cybersecurity expert has a warning for America.
[01:30:04.880 --> 01:30:10.880]  If you build an electrical smart grid, the hackers will come, and they could cause a catastrophic blackout.
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[01:30:44.880 --> 01:30:51.880]  Governments love power, so it's only natural they'd want to control the power going into your home too with a smart grid.
[01:30:51.880 --> 01:30:58.880]  So they're installing a national network of smart meters to remotely monitor electric use for efficiency and avoid grid failure.
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[01:31:02.880 --> 01:31:07.880]  If we make the national power grid controllable through the web, hackers will have a field day.
[01:31:07.880 --> 01:31:14.880]  Working remotely, they could tap in and black out the entire nation, leaving us vulnerable to our enemies.
[01:31:14.880 --> 01:31:18.880]  I'd long oppose smart meters for privacy and health reasons.
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[01:33:54.880 --> 01:33:57.880]  Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:33:57.880 --> 01:34:04.880]  On this Friday, the 18th day of February 2022,
[01:34:04.880 --> 01:34:08.880]  and we are talking to Ricky in California.
[01:34:08.880 --> 01:34:12.880]  Okay, go ahead, Ricky.
[01:34:12.880 --> 01:34:20.880]  Okay, so yeah, I'm from California, and I have allegations out of Arizona.
[01:34:20.880 --> 01:34:25.880]  I received a summons March of last year,
[01:34:25.880 --> 01:34:30.880]  and this has been ongoing for about a year now,
[01:34:30.880 --> 01:34:36.880]  and went through arraignment, through a pretrial conference,
[01:34:36.880 --> 01:34:39.880]  and now we're at the point of trial.
[01:34:39.880 --> 01:34:46.880]  I filed some motion, a motion to dismiss a Brady request.
[01:34:46.880 --> 01:34:51.880]  What was the nature of your motion to dismiss?
[01:34:51.880 --> 01:34:57.880]  A jurisdiction, lack of jurisdiction.
[01:34:57.880 --> 01:35:03.880]  Lack of impersonal or subject matter?
[01:35:03.880 --> 01:35:06.880]  What's it called off the top of my head?
[01:35:06.880 --> 01:35:11.880]  I've been working with, I don't know if you're familiar with Scott from Michigan?
[01:35:11.880 --> 01:35:14.880]  Yes.
[01:35:14.880 --> 01:35:18.880]  Yes, so yeah, he's been helping me out with the motions,
[01:35:18.880 --> 01:35:22.880]  and through my first arraignment, just kind of got, you know,
[01:35:22.880 --> 01:35:24.880]  theme rolled and had a few clarifications.
[01:35:24.880 --> 01:35:27.880]  No, wait, wait, wait, you're moving ahead of me.
[01:35:27.880 --> 01:35:34.880]  Subject matter, you've filed subject matter jurisdiction, and they denied it?
[01:35:34.880 --> 01:35:37.880]  Have they ruled on it yet?
[01:35:37.880 --> 01:35:41.880]  Okay, well, see, that's, that's, that's, that motion, they actually,
[01:35:41.880 --> 01:35:45.880]  what they did is they denied it behind my back.
[01:35:45.880 --> 01:35:55.880]  Okay, then file a notice of, file a petition for writ of mandamus.
[01:35:55.880 --> 01:35:58.880]  A petition for writ of mandamus?
[01:35:58.880 --> 01:36:04.880]  Yeah, you're going to ask the appellate court to order the judge,
[01:36:04.880 --> 01:36:11.880]  you're going to, you're going to file a challenge of subject matter
[01:36:11.880 --> 01:36:15.880]  jurisdiction with the court of appeals.
[01:36:15.880 --> 01:36:18.880]  It tells the court of appeals that they do not have jurisdiction
[01:36:18.880 --> 01:36:23.880]  because the trial court never had jurisdiction,
[01:36:23.880 --> 01:36:26.880]  and it can improperly rule that it has,
[01:36:26.880 --> 01:36:36.880]  and you ask the court of appeals to rule that the court doesn't have jurisdiction.
[01:36:36.880 --> 01:36:38.880]  Okay, okay.
[01:36:38.880 --> 01:36:43.880]  Okay, the reason for that is, is this is a subject matter jurisdiction
[01:36:43.880 --> 01:36:50.880]  challenge is a dispositive motion, or dispositive plea.
[01:36:50.880 --> 01:36:55.880]  Dispositive means it would dispose of the case.
[01:36:55.880 --> 01:37:03.880]  So by denying it, they put you in a position to have to completely adjudicate
[01:37:03.880 --> 01:37:08.880]  this whole case when an appeal might throw the whole thing out and stop it.
[01:37:08.880 --> 01:37:14.880]  So in the interest of judicial economy, you ask, you can do either an
[01:37:14.880 --> 01:37:19.880]  interlocutory appeal or you can do petition for writ of mandamus.
[01:37:19.880 --> 01:37:26.880]  They both go to the same place because this ruling would stop the trial.
[01:37:26.880 --> 01:37:34.880]  We did that in a case here, and the court of appeals threw it out.
[01:37:34.880 --> 01:37:37.880]  Oh, okay.
[01:37:37.880 --> 01:37:41.880]  And it will sure get the trial judge's attention.
[01:37:41.880 --> 01:37:44.880]  Okay, so I had another question.
[01:37:44.880 --> 01:37:47.880]  So, you know, they kind of just steamrolled me, you know,
[01:37:47.880 --> 01:37:50.880]  not guilty plea without my consent, you know, did all that stuff.
[01:37:50.880 --> 01:37:54.880]  But, okay, so trial is March 1st.
[01:37:54.880 --> 01:37:57.880]  It's like less than 12 days away, right?
[01:37:57.880 --> 01:38:03.880]  I received an email from the prosecutor directly after not being able to come
[01:38:03.880 --> 01:38:05.880]  in contact with him, you know, from March until now.
[01:38:05.880 --> 01:38:12.880]  He emailed me like two weeks before court and basically says if I would object
[01:38:12.880 --> 01:38:18.880]  to him filing a motion for a continuance because he's waiting for pending lab
[01:38:18.880 --> 01:38:19.880]  results.
[01:38:19.880 --> 01:38:25.880]  So he doesn't even have lab results for, you know, as evidence and allegations.
[01:38:25.880 --> 01:38:29.880]  Oh, did you tell him, heck no?
[01:38:29.880 --> 01:38:32.880]  Yeah, no, yeah, of course, of course.
[01:38:32.880 --> 01:38:39.880]  He's saying, yeah, give me some time so I can screw you.
[01:38:39.880 --> 01:38:41.880]  Exactly, exactly.
[01:38:41.880 --> 01:38:49.880]  But also I filed some objections and demands.
[01:38:49.880 --> 01:38:52.880]  At a 14, he only answered to one of them.
[01:38:52.880 --> 01:38:58.880]  One of them was a statement that a co-defendant in the case,
[01:38:58.880 --> 01:39:03.880]  a statement that he says where he actually took responsibility for, you know,
[01:39:03.880 --> 01:39:05.880]  the allegations.
[01:39:05.880 --> 01:39:07.880]  He actually just took responsibility for everything.
[01:39:07.880 --> 01:39:15.880]  Well, he tried to kind of, he filed a motion for limine, L-I-M-I-N-E,
[01:39:15.880 --> 01:39:17.880]  and basically was trying to like...
[01:39:17.880 --> 01:39:19.880]  Motion in limine.
[01:39:19.880 --> 01:39:21.880]  Yeah, motion in limine.
[01:39:21.880 --> 01:39:22.880]  Oh, in limine, yeah.
[01:39:22.880 --> 01:39:28.880]  In limine basically he's trying to get me to not be able to use that in trial.
[01:39:28.880 --> 01:39:30.880]  Okay, this is another one.
[01:39:30.880 --> 01:39:33.880]  You oppose it.
[01:39:33.880 --> 01:39:42.880]  It's an issue that would show your innocence and would be subject to a motion to dismiss.
[01:39:42.880 --> 01:39:45.880]  So if they wheel against you on that, on the in limiting motion,
[01:39:45.880 --> 01:39:52.880]  then either there or you do an interlocutory appeal.
[01:39:52.880 --> 01:39:54.880]  Okay.
[01:39:54.880 --> 01:39:58.880]  You can really back them up that way.
[01:39:58.880 --> 01:40:00.880]  Get out of the trial court, get into the court of appeals.
[01:40:00.880 --> 01:40:04.880]  They'll give you a much better ruling.
[01:40:04.880 --> 01:40:05.880]  Okay.
[01:40:05.880 --> 01:40:13.880]  So look up Arizona rules on mandamus and interlocutory appeal.
[01:40:13.880 --> 01:40:15.880]  Okay.
[01:40:15.880 --> 01:40:18.880]  Every time they get started and do one ruling,
[01:40:18.880 --> 01:40:26.880]  boom, you slam the brakes on them again for generally five to six months.
[01:40:26.880 --> 01:40:29.880]  Oh, nice, nice.
[01:40:29.880 --> 01:40:37.880]  Well, nice because that would be, I think they're, I forget what they're,
[01:40:37.880 --> 01:40:41.880]  I think they have 180 days I guess to take you to trial from the time of arrest.
[01:40:41.880 --> 01:40:43.880]  No, no, no, okay, that don't count.
[01:40:43.880 --> 01:40:49.880]  If you're the cause of the delay, it doesn't toll the time limits.
[01:40:49.880 --> 01:40:54.880]  If you file an appeal, that time's on you, not them.
[01:40:54.880 --> 01:40:55.880]  Yeah, yeah, of course.
[01:40:55.880 --> 01:41:00.880]  Also, he followed the 404B motion to admit evidence.
[01:41:00.880 --> 01:41:06.880]  He's also trying to get like an allegation.
[01:41:06.880 --> 01:41:10.880]  You know, basically something I said from one of my priors I guess
[01:41:10.880 --> 01:41:12.880]  in trying to submit it as evidence and I'm just like,
[01:41:12.880 --> 01:41:19.880]  wait, you're trying to block evidence to prove my innocence from a case that,
[01:41:19.880 --> 01:41:22.880]  you know, it directly involves this case,
[01:41:22.880 --> 01:41:26.880]  but you're trying to bring something else from like three...
[01:41:26.880 --> 01:41:33.880]  Okay, that can be, they can do that if it is relevant
[01:41:33.880 --> 01:41:39.880]  because if you said something in another case, you can't say,
[01:41:39.880 --> 01:41:42.880]  you can't contradict that.
[01:41:42.880 --> 01:41:45.880]  That's collateral estoppel.
[01:41:45.880 --> 01:41:46.880]  Okay.
[01:41:46.880 --> 01:41:49.880]  Once you say something in court, it's fixed.
[01:41:49.880 --> 01:41:53.880]  You can't ever go back and say it's different.
[01:41:53.880 --> 01:41:55.880]  No, no, it wasn't in court.
[01:41:55.880 --> 01:42:01.880]  It was during a traffic stop.
[01:42:01.880 --> 01:42:05.880]  How does he know what was said in a traffic stop?
[01:42:05.880 --> 01:42:07.880]  He went through...
[01:42:07.880 --> 01:42:09.880]  I think he's just digging right now.
[01:42:09.880 --> 01:42:11.880]  He just, he went through some...
[01:42:11.880 --> 01:42:17.880]  I guess he probably did a background check and he got a 2016 case...
[01:42:17.880 --> 01:42:19.880]  Wait, probably?
[01:42:19.880 --> 01:42:23.880]  Either he was there and he can give firsthand knowledge
[01:42:23.880 --> 01:42:28.880]  or he's just finding something to give hearsay.
[01:42:28.880 --> 01:42:31.880]  Yeah, he's finding something to give hearsay.
[01:42:31.880 --> 01:42:36.880]  That's what I'm seeing it as and I think it's a 2016 case.
[01:42:36.880 --> 01:42:43.880]  So you object to that because the evidence would not be admissible
[01:42:43.880 --> 01:42:46.880]  because it's hearsay?
[01:42:46.880 --> 01:42:47.880]  Of course, of course.
[01:42:47.880 --> 01:42:50.880]  And then also I was looking under the rules, I guess,
[01:42:50.880 --> 01:42:53.880]  I think for notice, for the rules of notice,
[01:42:53.880 --> 01:42:57.880]  I guess they didn't have to be 45 days before trial
[01:42:57.880 --> 01:43:04.880]  and it's like, well, here we are 12 days away, you know?
[01:43:04.880 --> 01:43:06.880]  Did he find anything he tries to put in
[01:43:06.880 --> 01:43:13.880]  that he didn't give you adequate notice on, object to it, just surprise?
[01:43:13.880 --> 01:43:14.880]  Okay.
[01:43:14.880 --> 01:43:19.880]  Surprise is forbidden, but it's not forbidden to you,
[01:43:19.880 --> 01:43:24.880]  it's forbidden to the prosecutor.
[01:43:24.880 --> 01:43:26.880]  He can't surprise you in court.
[01:43:26.880 --> 01:43:31.880]  He has to give you prior notice of everything he's going to bring.
[01:43:31.880 --> 01:43:34.880]  You don't have to do that for him.
[01:43:34.880 --> 01:43:37.880]  Okay.
[01:43:37.880 --> 01:43:39.880]  Okay, understood, understood.
[01:43:39.880 --> 01:43:48.880]  So would you recommend the interlocutory appeal or would you recommend?
[01:43:48.880 --> 01:43:55.880]  On the subject matter jurisdiction, subject mandamus,
[01:43:55.880 --> 01:43:59.880]  hang on, go to our sponsors, I'll be right back.
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[01:46:28.880 --> 01:46:35.880]  Okay, we are back.
[01:46:35.880 --> 01:46:40.880]  Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:46:40.880 --> 01:46:45.880]  And we're talking to Ricky in California.
[01:46:45.880 --> 01:46:48.880]  Ricky is a lawyer.
[01:46:48.880 --> 01:46:50.880]  He's a lawyer.
[01:46:50.880 --> 01:46:52.880]  He's a lawyer.
[01:46:52.880 --> 01:46:54.880]  He's a lawyer.
[01:46:54.880 --> 01:47:01.880]  To Ricky in California, being prosecuted in Arizona,
[01:47:01.880 --> 01:47:11.880]  can you give us the nature of the subject matter jurisdiction challenge that you made?
[01:47:11.880 --> 01:47:15.880]  It's no standing for no injury.
[01:47:15.880 --> 01:47:20.880]  Ooh, this is a criminal case?
[01:47:20.880 --> 01:47:22.880]  Correct.
[01:47:22.880 --> 01:47:26.880]  That's not going to go anywhere.
[01:47:26.880 --> 01:47:32.880]  Most states have a statute that says when a criminal law is broken,
[01:47:32.880 --> 01:47:40.880]  the state is the injured party.
[01:47:40.880 --> 01:47:44.880]  That won't ever fly.
[01:47:44.880 --> 01:47:50.880]  When they arrested you, did they take you to a magistrate?
[01:47:50.880 --> 01:47:53.880]  No.
[01:47:53.880 --> 01:47:59.880]  Were you ever taken to a magistrate?
[01:47:59.880 --> 01:48:08.880]  I was booked and then housed and then I think like the next day.
[01:48:08.880 --> 01:48:14.880]  They took you in front of someone who sent bail?
[01:48:14.880 --> 01:48:16.880]  No, they just took me in front of it.
[01:48:16.880 --> 01:48:27.880]  It's booking, so basically they dressed me out and then they just threw me in the population.
[01:48:27.880 --> 01:48:41.880]  What does Arizona law say about criminal procedure concerning preliminary hearings?
[01:48:41.880 --> 01:48:44.880]  I don't think I'm ready to answer that.
[01:48:44.880 --> 01:48:48.880]  I wish you'd have got a real quick answer to that.
[01:48:48.880 --> 01:48:50.880]  Okay.
[01:48:50.880 --> 01:48:58.880]  Have you read the criminal procedure code for Arizona?
[01:48:58.880 --> 01:49:00.880]  No, not recently.
[01:49:00.880 --> 01:49:06.880]  No, I've kind of been on these objections and these different...
[01:49:06.880 --> 01:49:14.880]  How do you know how to raise these objections if you haven't read the law in Arizona?
[01:49:14.880 --> 01:49:21.880]  Like I said, when I first got on, I had been having help from Scott from Michigan.
[01:49:21.880 --> 01:49:23.880]  Yeah.
[01:49:23.880 --> 01:49:25.880]  You're depending on Scott to do it for you.
[01:49:25.880 --> 01:49:27.880]  He's not going to be able to.
[01:49:27.880 --> 01:49:33.880]  You need to get that code and read it twice.
[01:49:33.880 --> 01:49:38.880]  It can probably take three or four hours.
[01:49:38.880 --> 01:49:41.880]  It's not that hard.
[01:49:41.880 --> 01:49:48.880]  We can't even have a good discussion because you don't know any of the answers.
[01:49:48.880 --> 01:49:51.880]  Of course.
[01:49:51.880 --> 01:50:05.880]  You need to read the criminal procedure code and are all of the elements of the accusation against you before the court?
[01:50:05.880 --> 01:50:07.880]  Are all of the elements?
[01:50:07.880 --> 01:50:10.880]  Yes.
[01:50:10.880 --> 01:50:12.880]  Well...
[01:50:12.880 --> 01:50:18.880]  Do you know what all the elements are?
[01:50:18.880 --> 01:50:25.880]  You're not giving me good answers.
[01:50:25.880 --> 01:50:28.880]  This doesn't look good.
[01:50:28.880 --> 01:50:34.880]  You're looking at losing your liberty, and you don't seem to have any idea.
[01:50:34.880 --> 01:50:40.880]  It sounds like you're just looking for a magic bullet you can sew at the court and all this would go away.
[01:50:40.880 --> 01:50:43.880]  It doesn't work that way.
[01:50:43.880 --> 01:50:46.880]  You've got to do your homework.
[01:50:46.880 --> 01:50:55.880]  You have to know when you go to trial if the prosecutor has proved up every element of the crime.
[01:50:55.880 --> 01:51:02.880]  You have to know what those elements are, what establishes those elements, what kind of evidence can be used.
[01:51:02.880 --> 01:51:09.880]  The prosecutor is trying to pull evidence that's not relevant to this case.
[01:51:09.880 --> 01:51:13.880]  Even if it was relevant, it's hearsay.
[01:51:13.880 --> 01:51:15.880]  You can't use it.
[01:51:15.880 --> 01:51:17.880]  I can try to help you.
[01:51:17.880 --> 01:51:20.880]  Scott in Michigan can try to help you.
[01:51:20.880 --> 01:51:25.880]  But he don't have a hot dog in this hunt.
[01:51:25.880 --> 01:51:30.880]  You're the one with the dog in the hunt.
[01:51:30.880 --> 01:51:38.880]  You've got to learn enough to know how to ask us the right questions.
[01:51:38.880 --> 01:51:40.880]  Gotcha.
[01:51:40.880 --> 01:51:41.880]  You just have to read it.
[01:51:41.880 --> 01:51:43.880]  It's not as hard as you think.
[01:51:43.880 --> 01:51:49.880]  You pick up the code and it looks like a pretty big book, but when you open it, it's all outlined.
[01:51:49.880 --> 01:51:53.880]  So 50% of it's white space.
[01:51:53.880 --> 01:51:55.880]  Probably more than that.
[01:51:55.880 --> 01:51:57.880]  You can go through it very quickly.
[01:51:57.880 --> 01:52:03.880]  You'll go through it and you'll see a lot of these codes that obviously don't have anything to do with what you're doing.
[01:52:03.880 --> 01:52:08.880]  You just read through them anyway until you get to the back.
[01:52:08.880 --> 01:52:11.880]  Then you come back to the front and you start reading through it.
[01:52:11.880 --> 01:52:24.880]  In Texas it says in 211 that when a magistrate sits for the purpose of examining into a criminal accusation, that's an examining court.
[01:52:24.880 --> 01:52:27.880]  The first time you read it, it will make sense.
[01:52:27.880 --> 01:52:37.880]  The second time you read it, you'll say, oh, that goes to Chapter 16, Examining Trial.
[01:52:37.880 --> 01:52:43.880]  Once you've read that twice, then you'll begin to understand what's going on here.
[01:52:43.880 --> 01:52:49.880]  Then we can ask more sophisticated questions.
[01:52:49.880 --> 01:52:58.880]  Right now you're hoping that Scott in Michigan can bail you out in an Arizona case.
[01:52:58.880 --> 01:53:07.880]  If he's anything like me, he doesn't have time to scour through the codes in every state.
[01:53:07.880 --> 01:53:09.880]  I gave up trying a long time ago.
[01:53:09.880 --> 01:53:11.880]  I know how codes work.
[01:53:11.880 --> 01:53:17.880]  That's because I read the penal code and Code of Criminal Procedure twice.
[01:53:17.880 --> 01:53:23.880]  I had a prosecutor tell me what she was a friend of mine.
[01:53:23.880 --> 01:53:29.880]  I asked him, how many times have you read that Code of Criminal Procedure?
[01:53:29.880 --> 01:53:33.880]  This is a penal code because I told him about illegal practice of law.
[01:53:33.880 --> 01:53:34.880]  He said, you have to be careful.
[01:53:34.880 --> 01:53:36.880]  You can be charged with illegal practice of law.
[01:53:36.880 --> 01:53:39.880]  I said, no, no, no, that's not a problem.
[01:53:39.880 --> 01:53:50.880]  38.123 says it is a crime to hold yourself out as a lawyer and represent someone in a property damage or personal injury suit.
[01:53:50.880 --> 01:53:52.880]  He says, you sure it says that?
[01:53:52.880 --> 01:53:56.880]  And he looked it up.
[01:53:56.880 --> 01:53:59.880]  Greg, you ought to be ashamed of yourself.
[01:53:59.880 --> 01:54:01.880]  When was the last time you read that?
[01:54:01.880 --> 01:54:05.880]  He said, well, I don't know that I've ever read the whole thing.
[01:54:05.880 --> 01:54:07.880]  That's pitiful.
[01:54:07.880 --> 01:54:14.880]  And he said, well, Mr. Kelton, I don't know a single lawyer who's read the whole thing.
[01:54:14.880 --> 01:54:17.880]  That's even worse.
[01:54:17.880 --> 01:54:18.880]  That's scary.
[01:54:18.880 --> 01:54:25.880]  You read it twice, you'll know it better than the lawyer.
[01:54:25.880 --> 01:54:26.880]  And it's not that hard.
[01:54:26.880 --> 01:54:27.880]  It's very focused.
[01:54:27.880 --> 01:54:31.880]  There's just one issue here, the criminal side.
[01:54:31.880 --> 01:54:35.880]  Lawyers ain't got to learn all this law about everything.
[01:54:35.880 --> 01:54:37.880]  You don't.
[01:54:37.880 --> 01:54:42.880]  It's not hard to go in there better armed than they are.
[01:54:42.880 --> 01:54:44.880]  Yeah.
[01:54:44.880 --> 01:54:45.880]  Read those codes.
[01:54:45.880 --> 01:54:47.880]  You can't even ask the right question.
[01:54:47.880 --> 01:54:49.880]  You read those codes.
[01:54:49.880 --> 01:54:54.880]  Have you gotten jurisdictionary?
[01:54:54.880 --> 01:54:56.880]  Have I gotten jurisdictionary?
[01:54:56.880 --> 01:54:58.880]  Yes.
[01:54:58.880 --> 01:54:59.880]  No.
[01:54:59.880 --> 01:55:02.880]  You've got to get jurisdictionary.
[01:55:02.880 --> 01:55:09.880]  You're going to go to jail because you don't know how to stop them from doing it.
[01:55:09.880 --> 01:55:14.880]  When I get someone on my show that has been through jurisdictionary,
[01:55:14.880 --> 01:55:18.880]  I can tell pretty quickly.
[01:55:18.880 --> 01:55:25.880]  I asked one guy in Wisconsin, he was telling me what went on.
[01:55:25.880 --> 01:55:27.880]  I said, well, you should have filed a writ of mandamus.
[01:55:27.880 --> 01:55:29.880]  And he said, I did that.
[01:55:29.880 --> 01:55:35.880]  And then a little further in the conversation, that should get a behaviors corpus.
[01:55:35.880 --> 01:55:37.880]  I did that.
[01:55:37.880 --> 01:55:40.880]  I said, have you been through jurisdictionary?
[01:55:40.880 --> 01:55:41.880]  Oh, yeah.
[01:55:41.880 --> 01:55:44.880]  Have you been through jurisdictionary?
[01:55:44.880 --> 01:55:47.880]  It will teach you all of the basics.
[01:55:47.880 --> 01:55:51.880]  Do you know what a motion in limine is?
[01:55:51.880 --> 01:55:56.880]  Basically, it's almost like suppressing or reframing me from using it,
[01:55:56.880 --> 01:55:59.880]  making like a barrier around it.
[01:55:59.880 --> 01:56:03.880]  If you've been through jurisdictionary, you'd know that.
[01:56:03.880 --> 01:56:12.880]  The motion in limine lists all of the questions you're forbidden to ask.
[01:56:12.880 --> 01:56:15.880]  You really need to read these two.
[01:56:15.880 --> 01:56:18.880]  I don't think either Scott's not going to be able to help you,
[01:56:18.880 --> 01:56:24.880]  we're not going to be able to help you until you get the basic stuff.
[01:56:24.880 --> 01:56:30.880]  Once you've got the basic, we can help you with the more sophisticated stuff.
[01:56:30.880 --> 01:56:37.880]  You can go out and read them and then call us back next week
[01:56:37.880 --> 01:56:41.880]  and we'll have a whole different conversation.
[01:56:41.880 --> 01:56:42.880]  All right.
[01:56:42.880 --> 01:56:43.880]  That sounds like a plan, man.
[01:56:43.880 --> 01:56:45.880]  I appreciate you guys listening, man.
[01:56:45.880 --> 01:56:46.880]  Thank you.
[01:56:46.880 --> 01:56:52.880]  You will feel a lot more comfortable and confident going into court as well.
[01:56:52.880 --> 01:56:55.880]  You've got to understand you're dealing with pros.
[01:56:55.880 --> 01:56:58.880]  They really know how to manipulate you.
[01:56:58.880 --> 01:56:59.880]  Oh, yeah.
[01:56:59.880 --> 01:57:06.880]  Learning their code, the best thing it'll do is teach you how to handle them.
[01:57:06.880 --> 01:57:09.880]  And you'll notice they start getting shaky.
[01:57:09.880 --> 01:57:10.880]  Yeah.
[01:57:10.880 --> 01:57:14.880]  When they realize that you can quote from the code that they were supposed to know
[01:57:14.880 --> 01:57:19.880]  and they don't know, that puts them in a shaky place.
[01:57:19.880 --> 01:57:20.880]  It's kind of fun to watch.
[01:57:20.880 --> 01:57:24.880]  They try to do what Dr. Joe and I call a pattern interruption.
[01:57:24.880 --> 01:57:30.880]  They try to do something so you don't have a behavior, a way to respond to it
[01:57:30.880 --> 01:57:32.880]  that stops you in your tracks.
[01:57:32.880 --> 01:57:37.880]  When you read their codes, you'll start interrupting them.
[01:57:37.880 --> 01:57:39.880]  This is what we talk about.
[01:57:39.880 --> 01:57:42.880]  You get to see them do this little chicken dance.
[01:57:42.880 --> 01:57:44.880]  They start shifting from one foot to the other,
[01:57:44.880 --> 01:57:52.880]  trying to figure out how to handle this guy, and he keeps jerking them around.
[01:57:52.880 --> 01:57:54.880]  You'll like it.
[01:57:54.880 --> 01:57:57.880]  So get out the codes and read it.
[01:57:57.880 --> 01:58:01.880]  Then call us back next week when we should have an interesting conversation.
[01:58:01.880 --> 01:58:02.880]  All right.
[01:58:02.880 --> 01:58:03.880]  Okay, Brett.
[01:58:03.880 --> 01:58:04.880]  Thank you.
[01:58:04.880 --> 01:58:07.880]  Go ahead.
[01:58:07.880 --> 01:58:14.880]  Okay, Brett, how about some closing words here that are deep and profound
[01:58:14.880 --> 01:58:23.880]  that we can all take home with us and feel like we've won something in the end?
[01:58:23.880 --> 01:58:24.880]  All right.
[01:58:24.880 --> 01:58:26.880]  Well, let's see.
[01:58:26.880 --> 01:58:31.880]  If you've been skiing, you'll see that there's bunny slopes,
[01:58:31.880 --> 01:58:35.880]  so you can start out with some records requests, some criminal complaints,
[01:58:35.880 --> 01:58:39.880]  and then you start getting your sea legs under you there,
[01:58:39.880 --> 01:58:44.880]  and you go on to bar grieving and having lots of fun.
[01:58:44.880 --> 01:58:45.880]  All right.
[01:58:45.880 --> 01:58:47.880]  And diving off the cliff.
[01:58:47.880 --> 01:58:49.880]  Thank you all for listening.
[01:58:49.880 --> 01:58:54.880]  Bibles for America is offering absolutely free a unique study Bible
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[01:59:00.880 --> 01:59:03.880]  that explain what the Bible says verse by verse,
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