ROL_2022-05-13_16k_Hr1-2.timecode
[00:00.000 --> 00:05.500] The Bill of Rights contains the first ten amendments of our Constitution.
[00:05.500 --> 00:09.500] They guarantee the specific freedoms Americans should know and protect.
[00:09.500 --> 00:11.000] Our liberty depends on it.
[00:11.000 --> 00:16.500] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember your First Amendment rights.
[00:16.500 --> 00:18.500] Privacy is under attack.
[00:18.500 --> 00:22.000] When you give up data about yourself, you'll never get it back again.
[00:22.000 --> 00:26.500] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.500 --> 00:32.000] So protect your rights. Say no to surveillance and keep your information to yourself.
[00:32.000 --> 00:34.500] Privacy. It's worth hanging on to.
[00:34.500 --> 00:38.000] This public service announcement is brought to you by StartPage.com,
[00:38.000 --> 00:42.000] the private search engine alternative to Google, Yahoo, and Bing.
[00:42.000 --> 00:45.500] Start over with StartPage.
[00:45.500 --> 00:47.500] Spar. It's what fighters do.
[00:47.500 --> 00:51.000] It's also how I remember the five guarantees of the First Amendment.
[00:51.000 --> 00:54.000] If you plan to take away my rights, I'm going to spar with you.
[00:54.000 --> 00:56.500] Spar with an extra P.
[00:56.500 --> 01:03.000] S for speech, P for press, another P for petition, A for assembly, and R for religion.
[01:03.000 --> 01:08.500] Most Americans are familiar with the First Amendment guarantees of free speech, press, assembly, and religion.
[01:08.500 --> 01:10.500] But petition for redress is another matter.
[01:10.500 --> 01:14.500] We have the right to petition the government for a redress of grievances.
[01:14.500 --> 01:17.500] It means that if we're unhappy with what's going on in our government,
[01:17.500 --> 01:21.000] we can spell out the reasons without fear of being thrown into jail.
[01:21.000 --> 01:30.500] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:30.500 --> 01:34.500] The Bill of Rights contains the first ten amendments of our Constitution.
[01:34.500 --> 01:38.000] They guarantee the specific freedoms Americans should know and protect.
[01:38.000 --> 01:39.500] Our liberty depends on it.
[01:39.500 --> 01:43.000] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way
[01:43.000 --> 01:46.000] to remember one of your constitutional rights.
[01:46.000 --> 01:48.000] Privacy is under attack.
[01:48.000 --> 01:51.500] When you give up data about yourself, you'll never get it back again.
[01:51.500 --> 01:56.500] And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:56.500 --> 01:58.000] So protect your rights.
[01:58.000 --> 02:01.500] Say no to surveillance and keep your information to yourself.
[02:01.500 --> 02:04.000] Privacy. It's worth hanging on to.
[02:04.000 --> 02:08.000] This public service announcement is brought to you by StartPage.com,
[02:08.000 --> 02:12.000] the private search engine alternative to Google, Yahoo, and Bing.
[02:12.000 --> 02:15.500] Start over with StartPage.
[02:15.500 --> 02:19.500] When I think of the Second Amendment, I visualize myself wrapping my two arms
[02:19.500 --> 02:22.000] around the Bill of Rights in a big old bear hug.
[02:22.000 --> 02:26.000] It's how I remember that the Second Amendment guarantees us the right to bear arms,
[02:26.000 --> 02:30.000] arms that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.000 --> 02:33.500] Get it? Two arms, bear hug, bear arms?
[02:33.500 --> 02:37.500] The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.500 --> 02:38.500] when he said,
[02:38.500 --> 02:43.500] The right of the citizens to bear arms is just one guarantee against arbitrary government,
[02:43.500 --> 02:47.500] one more safeguard against the tyranny which now appears remote in America,
[02:47.500 --> 02:51.000] but which historically has proved to always be possible.
[02:51.000 --> 03:14.500] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[03:21.000 --> 03:27.500] What you gonna do? What you gonna do?
[03:27.500 --> 03:30.500] Bad boys, bad boys, what you gonna do?
[03:30.500 --> 03:33.000] What you gonna do when they come for you?
[03:33.000 --> 03:36.000] Bad boys, bad boys, what you gonna do?
[03:36.000 --> 03:38.500] What you gonna do when they come for you?
[03:38.500 --> 03:41.500] When you were eight and you had bad traits,
[03:41.500 --> 03:44.000] you'd go to school and learn the golden rules.
[03:44.000 --> 03:47.000] So why are you acting like a bloody fool?
[03:47.000 --> 03:49.500] If you get hot, then you might get cool.
[03:49.500 --> 03:52.500] Bad boys, bad boys, what you gonna do?
[03:52.500 --> 03:55.000] What you gonna do when they come for you?
[03:55.000 --> 03:58.000] Bad boys, bad boys, what you gonna do?
[03:58.000 --> 04:00.500] What you gonna do when they come for you?
[04:00.500 --> 04:03.500] You chock it on that one. You chock it on this one.
[04:03.500 --> 04:06.000] You chock it on your mother and you chock it on your father.
[04:06.000 --> 04:09.000] You chock it on your brother and you chock it on your sister.
[04:09.000 --> 04:11.500] You chock it on that one and you chock it on me.
[04:11.500 --> 04:14.500] Bad boys, bad boys, what you gonna do?
[04:14.500 --> 04:17.000] What you gonna do when they come for you?
[04:17.000 --> 04:38.320] Okay, howdy, howdy, Randy Kelton, Brett Fountain, Wheel of Law Radio on this Friday the 13th,
[04:38.320 --> 04:42.920] the 13th day of May, 2022.
[04:42.920 --> 04:49.640] And I just turned on the phone lines, yeah, and Brett said yes because I got it all right
[04:49.640 --> 04:53.560] and he didn't even have to tell me all of it.
[04:53.560 --> 05:00.720] I'm also saying yes because Friday the 13th is just my favorite day to put at the top
[05:00.720 --> 05:06.400] of documents that are, when I'm asking one of our public servants to be held accountable
[05:06.400 --> 05:11.400] for one reason or another, it's my favorite day to stick on the top of that.
[05:11.400 --> 05:18.200] I once got pulled over by a traffic enforcement guy, police officer, city cop.
[05:18.200 --> 05:29.120] He pulled me over and just in the process, he committed so many crimes that I stacked
[05:29.120 --> 05:30.120] them up.
[05:30.120 --> 05:34.880] I think there were 22 when it was all said and done and he didn't even, I mean, he could
[05:34.880 --> 05:39.120] have, lots of times people do worse, right, and can end up with even more crimes.
[05:39.120 --> 05:47.280] But this guy, he got 22 and I served him on Friday the 13th.
[05:47.280 --> 05:54.480] And it just, I don't know, it has a good feeling about it, kind of, you know, redeem the concept
[05:54.480 --> 06:02.200] of, oh, it's a curse or it's a bad thing, it's unlucky, well, something incredibly satisfying
[06:02.200 --> 06:03.200] about that.
[06:03.200 --> 06:07.820] Yes, because I know they're going to feel like it was unlucky that they were held accountable
[06:07.820 --> 06:09.360] on that particular day.
[06:09.360 --> 06:13.760] It says at the top, and I don't just put a number, I don't just put, like, today I did
[06:13.760 --> 06:24.120] one, I didn't put just 513, I put Friday the 13th of a day.
[06:24.120 --> 06:26.360] Try to make it stand out a little bit.
[06:26.360 --> 06:27.360] Right.
[06:27.360 --> 06:32.520] You mentioned something our founders said earlier, will you repeat that?
[06:32.520 --> 06:36.800] Oh yeah, it really, I think it fits well with this as well.
[06:36.800 --> 06:44.120] This, since the founding fathers understood this, here's the quote, whatever the magnitude,
[06:44.120 --> 06:45.920] power does not corrupt.
[06:45.920 --> 06:56.960] It is immunity from accountability for the abuse of power that corrupts, always.
[06:56.960 --> 07:02.600] So that goes directly to what we propose here.
[07:02.600 --> 07:04.560] Yes.
[07:04.560 --> 07:10.600] Let's not let them slide, even the small things.
[07:10.600 --> 07:17.560] And in my opinion, it's not as effective if you wait until somebody does something really
[07:17.560 --> 07:24.080] horrible to stand up and rail in righteous indignation, because they expect it.
[07:24.080 --> 07:28.720] They're not surprised when they do something really stupid that they get called on it.
[07:28.720 --> 07:34.040] What's much more effective is when they follow policy, when they do what they normally do
[07:34.040 --> 07:38.400] every day and you hammer them for it.
[07:38.400 --> 07:39.840] Yeah.
[07:39.840 --> 07:45.480] That they don't see coming and that tends to get their attention.
[07:45.480 --> 07:50.880] And one of the things I hope to get in the mail Monday are criminal complaints against
[07:50.880 --> 07:58.160] the chief of police, because he didn't give notice to some magistrate of my criminal complaints
[07:58.160 --> 08:04.400] against his officer, because his officer enforced the transportation code.
[08:04.400 --> 08:12.960] Oh, you don't say that kind of thing that he did what he enforced the transportation
[08:12.960 --> 08:13.960] code.
[08:13.960 --> 08:14.960] Oh my goodness.
[08:14.960 --> 08:15.960] The dog.
[08:15.960 --> 08:16.960] Yeah.
[08:16.960 --> 08:21.200] And he was just a local municipal flat foot.
[08:21.200 --> 08:29.680] Who did he think he was turning his lights on me while he's prominently displaying a
[08:29.680 --> 08:31.160] deadly weapon?
[08:31.160 --> 08:39.600] Well, maybe he didn't think that was a big deal, but I have a particular sensitivity
[08:39.600 --> 08:43.760] to other people carrying deadly weapons.
[08:43.760 --> 08:49.560] I've spent too much time on the sharp end of those things.
[08:49.560 --> 08:54.720] And I take it very seriously, especially when he's doing something he's not authorized
[08:54.720 --> 09:03.240] to do, exerting or purporting to exert an authority he does not have.
[09:03.240 --> 09:09.960] And he's doing it with essentially absolute immunity.
[09:09.960 --> 09:13.960] Yeah, nobody's holding them accountable.
[09:13.960 --> 09:23.280] And if you go to the one who's supposed to, and he's refusing, how dare the chief of police
[09:23.280 --> 09:30.800] slither up behind that thin blue line and shield his officer from prosecution?
[09:30.800 --> 09:37.200] Well, we'll see how that works out for you, Bilba.
[09:37.200 --> 09:44.720] So I'll file criminal charges against him with the municipal judge for this city that
[09:44.720 --> 09:47.920] he works for.
[09:47.920 --> 09:48.920] Maybe even the mayor.
[09:48.920 --> 09:52.920] I might as well try the mayor.
[09:52.920 --> 10:00.800] The mayor is a magistrate, and then I get to file criminal charges against the mayor.
[10:00.800 --> 10:06.800] That's not going to make him happy, but Monday I'll be filing criminal charges against the
[10:06.800 --> 10:09.120] chief of police.
[10:09.120 --> 10:16.000] And maybe Monday, I've got to go down to the JP's office, and I want to find out what will
[10:16.000 --> 10:21.360] be the next day that the JP will have in-person hearings.
[10:21.360 --> 10:30.840] And I'm going to come into the courtroom and instruct the bailiff to instruct the judge
[10:30.840 --> 10:34.440] that I have business with the court, and when he asks the nature of the business, I'll give
[10:34.440 --> 10:46.560] him a file, a sealed file, and tell him, give this to the judge, and if he said, ask what's
[10:46.560 --> 10:51.520] in it, business with the judge.
[10:51.520 --> 10:58.840] My business, judge's business, not your business, but this bailiff knows who I am.
[10:58.840 --> 10:59.840] He's a local constable.
[10:59.840 --> 11:03.840] I don't think he's even going to ask you, Randy.
[11:03.840 --> 11:08.320] He knows you're not going to tell him all about it.
[11:08.320 --> 11:09.320] Yeah.
[11:09.320 --> 11:15.600] He's never had to deal with me, but he certainly knows who I am, and then when the judge refuses
[11:15.600 --> 11:21.200] to issue warrants, then I'm going to ask the bailiff to arrest her, and when the bailiff
[11:21.200 --> 11:25.320] doesn't arrest her, then I'll prepare criminal charges against the bailiff.
[11:25.320 --> 11:33.800] It's the time I went after the county I live in, and I'm about to do that.
[11:33.800 --> 11:35.560] So it should get interesting.
[11:35.560 --> 11:42.440] It is time we held these people to account, and that goes to something that I've been
[11:42.440 --> 11:46.520] toying with that I think it's time to talk about.
[11:46.520 --> 11:59.160] We have these two telegram channels, the Law Society of Randy Kelton and Mask Law Society,
[11:59.160 --> 12:08.120] and people on there over the last year or so have become very sophisticated.
[12:08.120 --> 12:15.620] We sometimes get people posting spam on the site, and as soon as they do, a whole bunch
[12:15.620 --> 12:20.000] of people get all up in arms about it because they're there to do business, and they have
[12:20.000 --> 12:27.400] been doing business very well, and they're becoming much, much better at devising ways
[12:27.400 --> 12:30.760] to go after these guys.
[12:30.760 --> 12:43.520] I think it is time that we begin to take the next step because 90% of what I see are reactive
[12:43.520 --> 12:49.640] actions based on what the public officials have done.
[12:49.640 --> 12:55.120] We had Greg on last night, and he was an example of the next step we want to take.
[12:55.120 --> 13:05.360] It is time we stopped being reactive and started being proactive, and mainly, it's time we
[13:05.360 --> 13:19.200] shifted gears from being purely legal to being more political, where the whole group seems
[13:19.200 --> 13:22.360] to be learning how to use the law.
[13:22.360 --> 13:25.080] Now let's take that next step.
[13:25.080 --> 13:32.800] Now let's step up off the checkerboard, wipe all the pieces off of it, and line it up with
[13:32.800 --> 13:36.080] chess pieces.
[13:36.080 --> 13:37.560] Let's get a little more sophisticated.
[13:37.560 --> 13:40.680] Let's go to the politics.
[13:40.680 --> 13:50.200] Stop just thinking about what the legal ramifications are, but what are the political implications?
[13:50.200 --> 14:00.640] Where does political influence lie, and how can we manipulate that political influence?
[14:00.640 --> 14:09.360] I seldom do anything without looking ahead and asking myself, what effect is this likely
[14:09.360 --> 14:16.480] to have, and what are these guys likely to do when I do what I'm about to do?
[14:16.480 --> 14:23.280] I want to have a good idea of what the political consequences are.
[14:23.280 --> 14:30.280] I was in the courthouse in Travis County, Austin, Texas, and a little bailiff gave me
[14:30.280 --> 14:40.880] with a little smart mouth with me, and I asked him, I told him to do something, and he said,
[14:40.880 --> 14:43.920] is that an order?
[14:43.920 --> 14:48.160] And I told him to go get a clerk and have a clerk come down, because I wasn't going
[14:48.160 --> 14:54.640] to go in with a mask on, and this is what the clerk across the way at the county building
[14:54.640 --> 15:00.880] had the sergeant there had suggested I do that, and he found the clerk, and he went
[15:00.880 --> 15:05.480] up and got the clerk, and the clerk came down, so we didn't have this mask issue.
[15:05.480 --> 15:12.760] So I asked this guy to go get this clerk, and he said, is that an order?
[15:12.760 --> 15:17.440] And I thought a minute, and I said, well, yes, as a matter of fact, it is.
[15:17.440 --> 15:21.560] So how's that worked out for you so far?
[15:21.560 --> 15:22.560] Pretty good.
[15:22.560 --> 15:23.920] You want to test it?
[15:23.920 --> 15:25.880] He said, yes, I do.
[15:25.880 --> 15:28.320] Well, you wait right there.
[15:28.320 --> 15:35.800] Somebody's going to want to talk to you, and I took out my cell phone and dialed 911.
[15:35.800 --> 15:40.320] I'd had this planned, not specifically for him, but-
[15:40.320 --> 15:41.800] He asked for it.
[15:41.800 --> 15:43.400] He was begging for it.
[15:43.400 --> 15:44.400] He was.
[15:44.400 --> 15:45.400] He couldn't-
[15:45.400 --> 15:49.680] Well, I bet you now he's just wishing he didn't say that.
[15:49.680 --> 15:57.440] Now, I was at the county courthouse across the way, and came in, and they wanted me to
[15:57.440 --> 15:58.440] put a mask on.
[15:58.440 --> 16:00.200] I said, no, no, no, I'm not going to wear a mask.
[16:00.200 --> 16:05.520] I need you to provide accommodation under the Americans with Disabilities Act.
[16:05.520 --> 16:10.800] And they got a sergeant, and I told the sergeant that, and the sergeant stood there a minute
[16:10.800 --> 16:15.840] and thought, and then he didn't just react to me, he actually stood there and thought
[16:15.840 --> 16:16.840] about it.
[16:16.840 --> 16:22.760] He said, well, Mr. Kelton, will you sit here on this bench for a moment, and I will go
[16:22.760 --> 16:29.080] up and get the clerk, and get her to come down here, then we don't have this problem.
[16:29.080 --> 16:34.920] I said, wonderful, and he did, and they took care of my problem.
[16:34.920 --> 16:40.280] I didn't have to go in there without a mask on.
[16:40.280 --> 16:46.920] I tried to do the same thing at the district, and little Smartsie Mel wants to show me how
[16:46.920 --> 16:48.400] tough he is.
[16:48.400 --> 16:51.840] Well, that didn't work out so good for him.
[16:51.840 --> 16:56.600] It got really interesting in there, and I can almost guarantee you he's not going to
[16:56.600 --> 16:57.600] do that nonsense again.
[16:57.600 --> 16:58.600] Hang on.
[16:58.600 --> 16:59.600] We'll be right back.
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[18:58.720 --> 19:24.800] You are listening to the Logos Radio Network, LogosRadioNetwork.com Okay, we are back.
[19:24.800 --> 19:30.600] We're Andy Kelton, Brett Fountain, Rule of Law Radio, and I'm about to go to a call us.
[19:30.600 --> 19:33.040] We've got a bunch of callers on the board already.
[19:33.040 --> 19:38.840] But before I do, I want to talk a little bit about politics, where the whole group on the
[19:38.840 --> 19:46.600] telegram site is getting much, much better at understanding the legal ramifications of
[19:46.600 --> 19:50.920] public officials' bad behavior.
[19:50.920 --> 20:01.760] Now what we need to do is take the next step and get ahead for setting them up, getting
[20:01.760 --> 20:11.040] to where we think beyond just the law, the legal ramifications, but the political ramifications.
[20:11.040 --> 20:17.280] Like this little bailiff who decided to smart mouth me, and I called 911 on it.
[20:17.280 --> 20:24.920] Now I'm arguing with 911 operator about sending somebody out to arrest this little guy.
[20:24.920 --> 20:32.320] And now he's looking at me essentially going to the sheriff and putting the sheriff in
[20:32.320 --> 20:37.720] a position to where he has to explain why his bailiff is a little smart mouth.
[20:37.720 --> 20:39.520] Yeah, perfect.
[20:39.520 --> 20:45.440] How's that going to work out for Mr. Smarty Mouth Bailiff?
[20:45.440 --> 20:51.840] Now I could read him the riot act, tell him what the law is and what my rights are, and
[20:51.840 --> 20:56.960] he would listen and it'd go in one ear and out the other, and he would just write me
[20:56.960 --> 21:01.320] off as a patriot wacko.
[21:01.320 --> 21:07.000] But when he's up on the carpet explaining to his boss why his boss is getting a T. Cole
[21:07.000 --> 21:15.300] complaint against him for not arresting the bailiff, it'll change his perspective.
[21:15.300 --> 21:16.300] You better believe it.
[21:16.300 --> 21:22.320] And it's not my position, but my intent to get the bailiff in trouble.
[21:22.320 --> 21:29.120] Because to his credit, when I stepped right in the middle of him, he stopped.
[21:29.120 --> 21:31.960] He didn't escalate.
[21:31.960 --> 21:32.960] He shut his mouth.
[21:32.960 --> 21:40.640] He realized he'd let his mouth overload him a little bit and he stopped.
[21:40.640 --> 21:45.720] He did tell me I couldn't use a phone in here, and I asked him, are you going to interfere
[21:45.720 --> 21:48.120] with a 911 call?
[21:48.120 --> 21:51.480] That's when he shut up and took a step back.
[21:51.480 --> 21:58.840] Yeah, when you use those terms, interfere, I think probably you heard you say those terms
[21:58.840 --> 22:03.440] and something clicked in his mind that says, uh-oh, I think I just stepped in it.
[22:03.440 --> 22:06.080] Yeah, this guy just set me up.
[22:06.080 --> 22:09.240] He was ready for me and that's what we want.
[22:09.240 --> 22:16.680] We want him to think that everything you do is a setup.
[22:16.680 --> 22:20.880] That Mr. Smart Mouth Cop, anything you're going to do, I'm ready for.
[22:20.880 --> 22:24.240] And I'm ready to sting you for it and make you look bad.
[22:24.240 --> 22:31.640] And you know, I suspect every bailiff there gave him a talking to about me because they
[22:31.640 --> 22:35.600] all knew who I was, apparently except him.
[22:35.600 --> 22:41.040] One bailiff come over and stepped in front of him and that bailiff knew me real well
[22:41.040 --> 22:45.080] because I'd asked him to arrest a JP before.
[22:45.080 --> 22:50.000] So they knew who I was and I'm sure he got a good talking to and he's probably a much
[22:50.000 --> 22:53.720] better bailiff today.
[22:53.720 --> 23:00.800] We do much more good by stinging them this way than we do prosecuting them.
[23:00.800 --> 23:04.440] Let's get them to do something stupid and sting them.
[23:04.440 --> 23:06.800] They're not bad guys.
[23:06.800 --> 23:08.160] This guy wasn't a bad guy.
[23:08.160 --> 23:09.880] He wanted to be a good guy.
[23:09.880 --> 23:12.320] That's why he became a policeman.
[23:12.320 --> 23:17.760] But they get kind of, you know, the police have had a reputation for treating the public
[23:17.760 --> 23:26.720] like civilians in an occupied country and it was just how they were trained.
[23:26.720 --> 23:35.240] I see that changing after the George Floyd protests all around the country.
[23:35.240 --> 23:41.680] The police have been directed to conduct themselves differently and they really are now trying
[23:41.680 --> 23:45.240] to become a partner to us.
[23:45.240 --> 23:49.960] We got their attention and we need to keep that attention.
[23:49.960 --> 23:56.120] And mainly we need to shift gears beyond just rule of law.
[23:56.120 --> 24:02.800] But how can we use the rule of law to beat them up politically?
[24:02.800 --> 24:06.120] Okay, that's my story and I'm sticking to it.
[24:06.120 --> 24:09.480] I'm going to go to someone who seems to know how to do that.
[24:09.480 --> 24:11.480] We've got Jerry in Pennsylvania.
[24:11.480 --> 24:18.620] Jerry, first off, before I forget it, I had someone in Victoria, Texas that is taking
[24:18.620 --> 24:21.080] on the grass police.
[24:21.080 --> 24:26.360] And I told him about you, but I could not find the ruling that you got.
[24:26.360 --> 24:30.120] Can you re-send that email to me?
[24:30.120 --> 24:33.640] Oh, sure, no problem.
[24:33.640 --> 24:34.640] Good.
[24:34.640 --> 24:35.640] Wonderful.
[24:35.640 --> 24:36.640] Okay.
[24:36.640 --> 24:38.120] What do you have for us today?
[24:38.120 --> 24:43.040] Well, yes, the high grass down here.
[24:43.040 --> 24:45.720] I took it from him.
[24:45.720 --> 24:46.720] Wait, wait, wait.
[24:46.720 --> 24:49.800] Are you on a hands-free device?
[24:49.800 --> 24:55.520] Either you're on a hands-free device or you've got your head in a toilet.
[24:55.520 --> 25:00.320] Oh, I had my head in a toilet.
[25:00.320 --> 25:01.320] I've got a real echo.
[25:01.320 --> 25:04.640] It sounds like you're way far away from the mic.
[25:04.640 --> 25:08.920] Oh, how's this any better?
[25:08.920 --> 25:11.240] No, but I can hear you okay.
[25:11.240 --> 25:12.240] Go ahead.
[25:12.240 --> 25:26.320] Yeah, listen, I follow the law a lot to sue those attorneys that are defending the defendant
[25:26.320 --> 25:27.320] in this case.
[25:27.320 --> 25:37.360] What I did is I come up with some of the stuff they did, but mainly that ticket that they
[25:37.360 --> 25:42.160] wrote, I looked that all up, you know, like Eddie does.
[25:42.160 --> 25:49.480] He gets right into it, how it was formed and all that, so I got all those copies together.
[25:49.480 --> 25:56.520] And the way the, like I said, grass release was formed was with the commissioners.
[25:56.520 --> 26:05.200] The commissioners all got together and, you know, made up a committee and hired the people
[26:05.200 --> 26:11.280] to run out and, you know, write these tickets up and stuff.
[26:11.280 --> 26:19.400] The only thing that authorized it was the Pennsylvania Congress, the congressmen here.
[26:19.400 --> 26:25.080] But they just granted permission to start this thing.
[26:25.080 --> 26:29.440] They started under a 315 to ask something, you know what I'm saying?
[26:29.440 --> 26:35.400] But anyway, they have like an operating firm, you know.
[26:35.400 --> 26:43.000] They tell them what to look for, like if you got a swimming pool and it's got the buggy
[26:43.000 --> 26:46.000] in it, you know, stuff like that.
[26:46.000 --> 26:53.120] Well, when they wrote that ticket up, I used that, how the committee was formed, and then
[26:53.120 --> 26:57.840] in the next box on that ticket, they also checked off what the...
[26:57.840 --> 26:58.840] One minute, Chair.
[26:58.840 --> 27:02.560] I'm having a terrible time understanding you.
[27:02.560 --> 27:08.240] What are you using, are you on the cell phone?
[27:08.240 --> 27:11.120] It seems like his audio is so distant.
[27:11.120 --> 27:16.080] Yeah, it sounds like you're way far away from the mic.
[27:16.080 --> 27:17.080] Yeah.
[27:17.080 --> 27:22.560] The last time I called in a couple of times before, Deborah went through and shut it up
[27:22.560 --> 27:24.560] on the thing here.
[27:24.560 --> 27:34.480] You have to go into something here and click on it, and you lose the audio on the speakers,
[27:34.480 --> 27:37.280] but you get the audio on the headset.
[27:37.280 --> 27:41.080] That's what I'm on now, the headset.
[27:41.080 --> 27:42.760] Oh, okay.
[27:42.760 --> 27:45.960] I'm still having a terrible understanding of you.
[27:45.960 --> 27:47.960] I'm going to call you back.
[27:47.960 --> 27:49.760] Yeah, try calling me back.
[27:49.760 --> 27:51.760] We might get a better connection.
[27:51.760 --> 27:52.760] Okay.
[27:52.760 --> 27:53.760] Thank you.
[27:53.760 --> 27:54.760] Okay.
[27:54.760 --> 28:00.560] Now, we're going to go to John in New York.
[28:00.560 --> 28:01.560] Hello, John.
[28:01.560 --> 28:03.560] We've got less than two minutes.
[28:03.560 --> 28:04.560] Hi.
[28:04.560 --> 28:05.560] How are you doing?
[28:05.560 --> 28:06.560] We're doing good.
[28:06.560 --> 28:07.560] You've got two minutes.
[28:07.560 --> 28:08.560] Okay.
[28:08.560 --> 28:09.560] Well, it's not a problem.
[28:09.560 --> 28:10.560] It's a very short question.
[28:10.560 --> 28:20.720] Now, last night, and the many times you've mentioned about jurisdiction and challenging
[28:20.720 --> 28:22.840] it in a court of law.
[28:22.840 --> 28:28.040] For example, traffic court or any court for that matter, when you challenge the jurisdiction,
[28:28.040 --> 28:33.400] how does the judge justify jurisdiction?
[28:33.400 --> 28:35.280] How does he say, well, I've got jurisdiction.
[28:35.280 --> 28:36.280] Yes, I do.
[28:36.280 --> 28:37.280] What is he going to say?
[28:37.280 --> 28:42.520] So we know when they're not trying to snow us, so give us a snow judge.
[28:42.520 --> 28:47.880] He has to provide you with the law that establishes his jurisdiction.
[28:47.880 --> 28:54.120] For instance, if you're a municipal police officer, a municipal judge in Texas, then
[28:54.120 --> 29:02.840] he would go to the state legislature where they created municipal courts and granted
[29:02.840 --> 29:13.960] municipal courts the authority to enforce criminal laws of a class C misdemeanor level.
[29:13.960 --> 29:14.960] It's in code.
[29:14.960 --> 29:20.040] So he'd have to show where they have their jurisdiction.
[29:20.040 --> 29:21.040] Yeah.
[29:21.040 --> 29:23.160] That would be the beginning part.
[29:23.160 --> 29:26.080] That would give him subject matter jurisdiction.
[29:26.080 --> 29:33.480] Then he'd also have to show that they followed due process for whatever that was.
[29:33.480 --> 29:39.960] So if it was criminal, then he has to show, okay, look here, the subject matter was criminal
[29:39.960 --> 29:42.200] and we followed all the rules.
[29:42.200 --> 29:46.960] We meaning the court and also the prosecutor that brought the thing had to follow due process
[29:46.960 --> 29:47.960] all the way.
[29:47.960 --> 29:48.960] So I didn't get jurisdiction.
[29:48.960 --> 29:49.960] We'll have to talk about that.
[29:49.960 --> 29:50.960] There's a little bit more to this.
[29:50.960 --> 29:51.960] We'll pick it up on the other side.
[29:51.960 --> 29:52.960] Hang on.
[29:52.960 --> 29:53.960] We'll be right back.
[29:53.960 --> 29:54.960] It's clear cell phones have changed the way we live and work, but have they negatively
[29:54.960 --> 29:55.960] affected our health?
[29:55.960 --> 30:04.960] Hi, Dr. Catherine Albrecht, and I'll be back in just a moment with new findings about how
[30:04.960 --> 30:15.760] cell phones may actually alter our brain chemistry.
[30:15.760 --> 30:17.360] Privacy is under attack.
[30:17.360 --> 30:20.960] When you give up data about yourself, you'll never get it back again.
[30:20.960 --> 30:25.720] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.720 --> 30:30.800] So protect your rights, say no to surveillance and keep your information to yourself.
[30:30.800 --> 30:33.500] Privacy, it's worth hanging on to.
[30:33.500 --> 30:37.800] This public service announcement is brought to you by StartPage.com, the private search
[30:37.800 --> 30:41.320] engine alternative to Google, Yahoo, and Bing.
[30:41.320 --> 30:45.200] Start over with StartPage.
[30:45.200 --> 30:46.880] Cell phones emit radio frequency energy.
[30:46.880 --> 30:47.880] It's a fact.
[30:47.880 --> 30:51.760] But whether it's dangerous to have a phone beaming this kind of radiation near your head
[30:51.760 --> 30:52.760] has been disputed.
[30:52.760 --> 30:57.240] Some have blamed it for brain tumors, while cell phone companies have downplayed concerns.
[30:57.240 --> 31:01.640] Well, now the Journal of the American Medical Association is confirming that cell phones
[31:01.640 --> 31:02.640] affect brain chemistry.
[31:02.640 --> 31:08.280] A study of 47 volunteers showed that glucose metabolism in the area of the brain closest
[31:08.280 --> 31:11.960] to the cell phone antenna increases when the cell phone is on.
[31:11.960 --> 31:15.880] While researchers aren't sure whether this exposure causes damage, I'm not taking any
[31:15.880 --> 31:16.880] chances.
[31:16.880 --> 31:20.240] I always keep the phone far from my body, and I use a corded headset.
[31:20.240 --> 31:30.640] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[31:30.640 --> 31:31.640] I lost my son.
[31:31.640 --> 31:32.640] My nephew.
[31:32.640 --> 31:33.640] My uncle.
[31:33.640 --> 31:34.640] My son.
[31:34.640 --> 31:35.640] On September 11, 2001.
[31:35.640 --> 31:38.880] Most people don't know that a third tower fell on September 11.
[31:38.880 --> 31:43.000] World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:43.000 --> 31:48.840] Although the official explanation is that fire brought down Building 7, over 1,200 architects
[31:48.840 --> 31:52.600] and engineers have looked into the evidence and believe there is more to the story.
[31:52.600 --> 31:54.080] Bring justice to my son.
[31:54.080 --> 31:55.080] My uncle.
[31:55.080 --> 31:56.080] My nephew.
[31:56.080 --> 31:57.080] My son.
[31:57.080 --> 31:58.080] Go to buildingwatt.org.
[31:58.080 --> 32:01.840] And tell why it matters and what you can do.
[32:01.840 --> 32:06.200] Are you looking to have a closer relationship with God and a better understanding of His
[32:06.200 --> 32:07.200] Word?
[32:07.200 --> 32:12.360] Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for scripture
[32:12.360 --> 32:18.760] talk where Nana and her guests discuss the scriptures in accord with 2nd Timothy 2.15.
[32:18.760 --> 32:23.280] Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly
[32:23.280 --> 32:25.720] dividing the Word of Truth.
[32:25.720 --> 32:29.680] Starting in January, our first hour studies are in the Book of Mark where we'll go verse
[32:29.680 --> 32:33.000] by verse and discuss the true gospel message.
[32:33.000 --> 32:37.640] Our second hour topical studies will vary each week with discussions on sound doctrine
[32:37.640 --> 32:40.000] and Christian character development.
[32:40.000 --> 32:44.520] We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:44.520 --> 32:48.880] Our goal is to strengthen our faith and to transform ourselves more into the likeness
[32:48.880 --> 32:50.480] of our Lord and Savior Jesus.
[32:50.480 --> 32:57.800] So tune in to scripture talk live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. to inspire and
[32:57.800 --> 33:00.800] motivate your studies of the scriptures.
[33:00.800 --> 33:09.720] You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:09.720 --> 33:25.480] Yeah, I got a warrant and I gonna solve them, to the help of government them, prosecute them.
[33:25.480 --> 33:26.480] Okay.
[33:26.480 --> 33:27.480] Okay.
[33:27.480 --> 33:54.480] We are back, Randy Kelton with Fountain Blue of Logos Radio Network at LogosRadioNetwork.com.
[33:54.480 --> 33:58.520] We are back, Randy Kelton with Fountain Blue of Logos Radio and we're talking to John in
[33:58.520 --> 34:01.800] New York about jurisdiction.
[34:01.800 --> 34:05.840] And generally when you go into the courts, like Brett was saying, the court is gonna
[34:05.840 --> 34:12.920] claim that they have jurisdiction over the subject matter and they don't address the
[34:12.920 --> 34:14.720] rest of it.
[34:14.720 --> 34:19.280] It's not enough just to have jurisdiction over the subject matter.
[34:19.280 --> 34:23.040] You have to have in person jurisdiction over the person.
[34:23.040 --> 34:29.760] The person must be subject to jurisdiction and that's the part they never go to.
[34:29.760 --> 34:32.560] Or they might go to territorial.
[34:32.560 --> 34:36.560] Sometimes they talk about the territory, oh, well it's within the boundaries of this county
[34:36.560 --> 34:39.440] or within the boundaries of this municipality.
[34:39.440 --> 34:40.440] So we have jurisdiction.
[34:40.440 --> 34:41.440] No, no, no.
[34:41.440 --> 34:42.440] Slow down.
[34:42.440 --> 34:43.440] Slow down.
[34:43.440 --> 34:44.440] All right.
[34:44.440 --> 34:51.720] And that's what I tell them, yeah, but you're claiming jurisdiction over a traffic issue
[34:51.720 --> 34:57.200] but there is no evidence in the record to show that I fall under the statutory scheme,
[34:57.200 --> 35:01.400] that this statutory scheme actually applies to me.
[35:01.400 --> 35:05.120] You must show that.
[35:05.120 --> 35:07.720] And that they never do, that they don't know how to do.
[35:07.720 --> 35:09.680] Yeah, it seems like they can't.
[35:09.680 --> 35:13.080] It seems like they're not even wired to think of it.
[35:13.080 --> 35:20.920] So first, yes, they have subject matter jurisdiction over the general subject matter within this
[35:20.920 --> 35:23.040] territorial boundary.
[35:23.040 --> 35:35.040] Now, how do I have authority to apply that jurisdiction to you, the person, and then
[35:35.040 --> 35:42.920] has everyone in the prosecutorial team abided by the due course of the laws?
[35:42.920 --> 35:46.120] Any due course violation will deny them jurisdiction.
[35:46.120 --> 35:50.080] Does that make sense, John?
[35:50.080 --> 35:55.920] Oh, that last part doesn't, but we'll get to that.
[35:55.920 --> 35:58.560] So if you could, now, is that everything?
[35:58.560 --> 36:00.040] Is that everything that they must do?
[36:00.040 --> 36:02.720] Because they're going to try to give you a snow job.
[36:02.720 --> 36:03.720] I know they are.
[36:03.720 --> 36:04.720] So...
[36:04.720 --> 36:05.720] Yeah, of course they do.
[36:05.720 --> 36:09.600] I had a judge just tell me, I have jurisdiction.
[36:09.600 --> 36:12.080] I'm pretty sure I've got jurisdiction.
[36:12.080 --> 36:17.960] And so I just said, well, let the record reflect that the judge is making a fiat assertion
[36:17.960 --> 36:22.160] of having authority.
[36:22.160 --> 36:26.880] That's how you refer to it as a fiat assertion of having the authority, when he really doesn't
[36:26.880 --> 36:29.560] show the law.
[36:29.560 --> 36:32.080] Right.
[36:32.080 --> 36:40.440] And the judge can't prove jurisdiction by simply saying he has it.
[36:40.440 --> 36:49.560] He has to bring some kind of law before the court to show, like he could go to the legislature
[36:49.560 --> 36:59.400] where they created municipal courts and granted certain prosecutorial authority to those or
[36:59.400 --> 37:03.360] jurisdictional authority to those municipal courts.
[37:03.360 --> 37:08.320] You could say the Constitution says here, or I don't think it's not in the Constitution,
[37:08.320 --> 37:19.520] but the legislature in this code grants authority to a municipal court to enforce this set of
[37:19.520 --> 37:20.520] laws.
[37:20.520 --> 37:28.480] But now I'm going to say, okay, now I need to see evidence to show that I fall within
[37:28.480 --> 37:31.760] that statutory scheme.
[37:31.760 --> 37:39.800] I need you to show that I actually am subject to that set of laws over which you have subject
[37:39.800 --> 37:42.360] matter jurisdiction.
[37:42.360 --> 37:47.160] And how do we know that, how will I know that he's telling the truth and he's not giving
[37:47.160 --> 37:51.040] a snow job that it applies to actually me?
[37:51.040 --> 37:55.120] Doesn't matter.
[37:55.120 --> 37:58.080] You're just setting the record for appeal.
[37:58.080 --> 37:59.080] Oh.
[37:59.080 --> 38:06.400] If he doesn't demonstrate jurisdiction, he does not have it.
[38:06.400 --> 38:12.560] So while you need to challenge it, it's better for you if he doesn't have it and just acts
[38:12.560 --> 38:13.560] like he has it.
[38:13.560 --> 38:16.320] A court, a court.
[38:16.320 --> 38:21.480] The appellate court looks at things differently than the trial judge does.
[38:21.480 --> 38:25.720] The appellate court looks at the underlying body of law.
[38:25.720 --> 38:30.740] So they're going to apply the law to the facts, whether the judge does or not.
[38:30.740 --> 38:33.680] So you're just setting the record for appeal.
[38:33.680 --> 38:34.680] Right.
[38:34.680 --> 38:40.000] But I see, I want to know when he's giving me a snow job and when he's not.
[38:40.000 --> 38:41.640] And I guess that's what you're telling me.
[38:41.640 --> 38:45.520] You're giving me all the ingredients to bake the cake with.
[38:45.520 --> 38:51.760] There's one more set of ingredients that Brett was going to go to and that was due process.
[38:51.760 --> 38:52.760] Okay.
[38:52.760 --> 38:57.440] Will you address that, Brett?
[38:57.440 --> 39:05.920] Well, when you start a court case commencing the case, they have certain rules that they
[39:05.920 --> 39:06.920] have to follow.
[39:06.920 --> 39:09.880] They have to go step by step through.
[39:09.880 --> 39:14.520] They can't just make it up and say, well, I think we should have a court case and drag
[39:14.520 --> 39:15.520] John into it.
[39:15.520 --> 39:24.360] They've got to have certain documents that are legally sufficient and the sufficiency
[39:24.360 --> 39:31.880] of these initial pleadings that are supposed to start a case, the sufficiency is well defined.
[39:31.880 --> 39:34.080] It's very detailed.
[39:34.080 --> 39:41.560] You can look down through your statute bullet point by bullet point and see, does this document
[39:41.560 --> 39:44.160] meet these mandatory requirements?
[39:44.160 --> 39:50.280] If it doesn't, then the document is considered insufficient as a matter of law.
[39:50.280 --> 39:53.640] It can't commence a case.
[39:53.640 --> 40:02.920] And when they issued the citation or made the arrest, did they follow the law to the
[40:02.920 --> 40:16.280] letter because you have a right to a reasonable expectation of procedural due process.
[40:16.280 --> 40:23.600] You have a right to expect that your public officials will follow the law to the letter.
[40:23.600 --> 40:29.760] If they fail to follow the law to the letter and violate a due process right, you have
[40:29.760 --> 40:31.360] a right to dismissal.
[40:31.360 --> 40:34.920] If it's not, denies the court jurisdiction.
[40:34.920 --> 40:43.680] They got it, crossed all the t's and got all the I's.
[40:43.680 --> 40:45.440] All right.
[40:45.440 --> 40:47.080] Okay.
[40:47.080 --> 40:51.040] Will this apply to not only traffic tickets, but will it apply?
[40:51.040 --> 40:54.760] Can you use it, for example, with a DWI key?
[40:54.760 --> 40:57.260] Of course, you can use it with anything.
[40:57.260 --> 40:58.260] Everything.
[40:58.260 --> 40:59.260] Okay.
[40:59.260 --> 41:05.720] Okay, could you summarize how I use it with the threshold issues?
[41:05.720 --> 41:09.680] The judge can walk up to the courthouse door.
[41:09.680 --> 41:14.680] But if there is a subject matter jurisdiction challenge, he cannot step into the courthouse
[41:14.680 --> 41:15.680] yet.
[41:15.680 --> 41:23.200] He can't get past the threshold until he proves that he has jurisdiction, that he has
[41:23.200 --> 41:30.000] original jurisdiction, that he has jurisdiction over the person, and that the prosecutorial
[41:30.000 --> 41:35.000] team has followed all relevant law.
[41:35.000 --> 41:37.000] Okay.
[41:37.000 --> 41:46.240] See, I don't know what that is, so- That was English.
[41:46.240 --> 41:51.360] That's what I'm trying to do is to learn so that they don't give you a snow job.
[41:51.360 --> 41:52.360] Oh, well, I did it.
[41:52.360 --> 41:53.360] Yo, yo, yo.
[41:53.360 --> 42:01.280] It's like I did an interview once with a high-ranking IRS agent, and we did it live on the air.
[42:01.280 --> 42:06.840] And he made a fool out of himself, because when I told him we were going to do an interview,
[42:06.840 --> 42:10.960] he says, oh, great, great, I'll bring all your books, bring all your laws, bring all
[42:10.960 --> 42:11.960] your manuals.
[42:11.960 --> 42:16.560] So I asked him point blank on the air, do you have jurisdiction, not jurisdiction, do
[42:16.560 --> 42:20.000] you have the authority to collect federal taxes?
[42:20.000 --> 42:25.640] Oh, yeah, we've got, yeah, the law is really clear on that, and yeah.
[42:25.640 --> 42:30.000] And then so I left it alone, and we talked about other things, and I says, well, show
[42:30.000 --> 42:33.000] me those laws, everybody's interested to see them.
[42:33.000 --> 42:39.000] Oh, well, I don't have my finger on them right here, but yeah, yeah, yeah, they're in the
[42:39.000 --> 42:40.000] manual, yeah.
[42:40.000 --> 42:43.560] He says, well, you've got the manual right there, let's open it up, and let's look for
[42:43.560 --> 42:44.560] the law.
[42:44.560 --> 42:47.040] He couldn't find it.
[42:47.040 --> 42:50.040] There is no law, real law.
[42:50.040 --> 42:54.280] I mean, it's like everything else, Randy, this is what you guys have spent your entire
[42:54.280 --> 43:01.400] lives doing for people like us, like me, is showing them the BS that comes out of both
[43:01.400 --> 43:02.400] sides of their mouth.
[43:02.400 --> 43:07.400] Oh, yeah, yeah, I'm a judge, yeah, yeah, yeah, yeah.
[43:07.400 --> 43:12.200] And they're not, or whatever it is they're claiming, and it's not.
[43:12.200 --> 43:15.220] I put him on the spot, he made a complete fool out of himself.
[43:15.220 --> 43:20.560] We must have had 80 phone calls after I did that interview, and people were laughing their
[43:20.560 --> 43:29.120] rear ends off because they knew, and he couldn't quote the law, because it doesn't exist.
[43:29.120 --> 43:32.960] Not the way they interpret their authority.
[43:32.960 --> 43:40.280] Okay, well, the IRS is somewhat different in that they're not a court.
[43:40.280 --> 43:44.600] I know they have what they call an IRS court, but that's not really a court.
[43:44.600 --> 43:48.880] It's just a name they give it.
[43:48.880 --> 43:54.840] There is somewhat difference, and that's a whole lot more complex question than legal
[43:54.840 --> 43:55.840] process.
[43:55.840 --> 44:00.720] Hang on, we're about to go to our sponsors, Randy Kelton, Brett Fountain.
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[46:10.080 --> 46:25.880] Whoa, whoa, yeah.
[46:25.880 --> 46:37.720] Always I must be careful what I'm wishing for.
[46:37.720 --> 46:39.720] Trying to be no glutton
[46:40.720 --> 46:44.720] I'm just here making my living pushing buttons
[46:46.720 --> 46:51.720] I get my message out to anyone in short and distance
[46:52.720 --> 46:57.720] I'm hope for bravery and against slavery showing resistance
[46:57.720 --> 47:02.720] First I'm crawling, then I'm walking, then I start strutting
[47:02.720 --> 47:07.720] I'm just so glad to make my living pushing buttons
[47:32.720 --> 47:39.720] Understand what a particular court is and what the limits of their authority are
[47:39.720 --> 47:42.720] and you'll find that in the criminal procedure code
[47:44.720 --> 47:46.720] Okay, criminal procedure code
[47:46.720 --> 47:48.720] Now I think I can wrap this up
[47:48.720 --> 47:51.720] I'm very hazy on this because it's something new
[47:51.720 --> 47:53.720] So I'm standing
[47:53.720 --> 47:57.720] Can you do this from the perspective of a DWI court?
[47:57.720 --> 47:58.720] Of course
[47:58.720 --> 48:02.720] I've gotten picked up for DWI
[48:02.720 --> 48:03.720] I didn't really
[48:03.720 --> 48:06.720] But I was arrested for DWI, we'll say
[48:06.720 --> 48:11.720] So I go into court and I'm there and my lawyer is there
[48:11.720 --> 48:15.720] and I want my lawyer to challenge subject matter jurisdiction
[48:15.720 --> 48:17.720] That's the first step, right?
[48:17.720 --> 48:19.720] Yes
[48:19.720 --> 48:21.720] And then what's the judge...
[48:21.720 --> 48:25.720] Can the judge answer that right there on the spot or...
[48:25.720 --> 48:28.720] I think he should be able to but he's probably not going to
[48:28.720 --> 48:31.720] but that's okay because your lawyer is not going to bring it up
[48:31.720 --> 48:35.720] He's going to need information to establish his jurisdiction
[48:35.720 --> 48:40.720] The judge can tell you that I have jurisdiction over the general subject matter
[48:40.720 --> 48:47.720] and a complaint was filed with the court alleging a criminal act by you
[48:47.720 --> 48:51.720] and that complaint gives me jurisdiction
[48:51.720 --> 48:54.720] Well actually it doesn't, they think it does
[48:54.720 --> 49:02.720] The complaint gives a magistrate jurisdiction for the purpose of making a determination of probable cause
[49:02.720 --> 49:05.720] and then once the magistrate has made that determination
[49:05.720 --> 49:09.720] then he forwards the ruling to the trial court
[49:09.720 --> 49:13.720] and that vests jurisdiction with the trial court
[49:13.720 --> 49:18.720] Now different states are different in how that all works
[49:18.720 --> 49:24.720] I have taken Texas law apart in tiny pieces
[49:24.720 --> 49:31.720] to establish what it is that gives the court jurisdiction
[49:31.720 --> 49:36.720] In order for a court to have jurisdiction in a criminal matter in Texas
[49:36.720 --> 49:44.720] a officer who makes an arrest
[49:44.720 --> 49:48.720] whether it's for an on-site offense or on a warrant
[49:48.720 --> 49:52.720] must take the person directly to the nearest magistrate
[49:52.720 --> 50:02.720] The magistrate has jurisdiction based on a criminal accusation being filed by a credible person
[50:02.720 --> 50:07.720] This police officer happens to be a credible person
[50:07.720 --> 50:11.720] He's not credible because he is a police officer
[50:11.720 --> 50:18.720] and a police officer does not have a special authority to file a criminal complaint
[50:18.720 --> 50:27.720] Any person in the United States who is above the age of majority, which in most states is 18
[50:27.720 --> 50:33.720] and never been convicted of a felony is presumed to be a credible person
[50:33.720 --> 50:37.720] and when a credible person, even if it's a police officer
[50:37.720 --> 50:41.720] gives notice to some magistrate that a crime has been committed
[50:41.720 --> 50:50.720] the magistrate now has jurisdiction for the purpose of making a determination of probable cause
[50:50.720 --> 51:02.720] Once the magistrate has made a determination of probable cause
[51:02.720 --> 51:07.720] then the magistrate must forward that determination to the trial court
[51:07.720 --> 51:16.720] and that moves jurisdiction from the magistrate to the trial court
[51:16.720 --> 51:20.720] That has to happen or the trial court doesn't have jurisdiction
[51:20.720 --> 51:29.720] We're in Texas and that's done in the form of an order under Chapter 16.17
[51:29.720 --> 51:32.720] but nobody does it
[51:32.720 --> 51:35.720] and I'm going after the state because nobody does it
[51:35.720 --> 51:45.720] I'm saying this court cannot have jurisdiction absent these statutory steps
[51:45.720 --> 51:53.720] These statutory steps amount to procedural due process
[51:53.720 --> 52:00.720] and every citizen has a right to a reasonable expectation
[52:00.720 --> 52:06.720] that their public officials will exercise procedural due process
[52:06.720 --> 52:13.720] A due process violation is harm on its face, harm per se
[52:13.720 --> 52:20.720] and any due process violation denies the court in subject matter jurisdiction
[52:20.720 --> 52:23.720] Does that make sense, John?
[52:23.720 --> 52:27.720] That's perfect sense. Now that was real clear
[52:27.720 --> 52:32.720] I assume that in New York they have to have a hearing if I got picked up for DWI
[52:32.720 --> 52:36.720] I have to be brought before a magistrate to determine probable cause
[52:36.720 --> 52:41.720] In New York they call it a preliminary hearing
[52:41.720 --> 52:46.720] If you've ever seen the show Night Court
[52:46.720 --> 52:52.720] It was set in New York and I was in New York City at a court
[52:52.720 --> 52:56.720] and they were actually doing exactly this
[52:56.720 --> 52:59.720] They brought people in who had been arrested
[52:59.720 --> 53:03.720] They held them long enough for them to get an attorney
[53:03.720 --> 53:08.720] or for the court to appoint an attorney if they couldn't afford one
[53:08.720 --> 53:12.720] Then they brought the person before a magistrate
[53:12.720 --> 53:16.720] and the person told their side of the story
[53:16.720 --> 53:19.720] the policeman was there, told his side of the story
[53:19.720 --> 53:24.720] and the judge decided whether or not the person had to stand and answer
[53:24.720 --> 53:28.720] That's how it's intended to be done
[53:28.720 --> 53:33.720] Not if it's done that way in New York, but it is in New York City for the most part
[53:33.720 --> 53:35.720] They're still doing it well?
[53:35.720 --> 53:40.720] The last time I was there a few years ago I was in Brooklyn
[53:40.720 --> 53:45.720] In a courtroom, I went there to get a kid out of jail
[53:45.720 --> 53:48.720] out of the federal lockup and we got him out
[53:48.720 --> 53:54.720] and went to a courthouse just to watch
[53:54.720 --> 53:57.720] and they were doing just like they did on Night Court
[53:57.720 --> 54:02.720] That was exactly, constitutionally that's exactly dead on
[54:02.720 --> 54:08.720] It was never intended that a policeman have the power to arrest and imprison
[54:08.720 --> 54:13.720] He has the power to arrest, but he may only hold the person
[54:13.720 --> 54:18.720] as long as it reasonably takes him to get him before a magistrate
[54:18.720 --> 54:22.720] who must then make a determination of probable cause
[54:22.720 --> 54:25.720] It was intended that policemen have the power to arrest
[54:25.720 --> 54:30.720] but not that they hold the key to the jailhouse door
[54:30.720 --> 54:35.720] They gave that key to some magistrate
[54:35.720 --> 54:40.720] Now if there are extraordinary circumstances
[54:40.720 --> 54:45.720] fire, flood, catastrophe
[54:45.720 --> 54:50.720] who cannot locate a magistrate, then they can take you to jail first
[54:50.720 --> 54:54.720] but as soon as a magistrate is available they're commanded to take you before one
[54:54.720 --> 54:57.720] Okay, go ahead John
[54:57.720 --> 55:01.720] The next step, let's see, let me organize my thoughts
[55:01.720 --> 55:06.720] This is totally foreign to me
[55:06.720 --> 55:09.720] What would be the next step that I would challenge
[55:09.720 --> 55:15.720] the jurisdiction in the general sense and then for the person
[55:15.720 --> 55:22.720] Well you want to know who was the person who made the arrest
[55:22.720 --> 55:28.720] Now in Texas we have state police
[55:28.720 --> 55:31.720] and the Department of Public Safety
[55:31.720 --> 55:35.720] The Department of Public Safety was created for the specific
[55:35.720 --> 55:40.720] and singular purpose of enforcing the commercial transportation code
[55:40.720 --> 55:46.720] It is my position that Department of Public Safety officers
[55:46.720 --> 55:52.720] cannot arrest for DUI because driving while intoxicated
[55:52.720 --> 55:55.720] is not in the transportation code
[55:55.720 --> 55:58.720] It's in the penal laws
[55:58.720 --> 56:03.720] and the administration code that creates the Department of Public Safety says
[56:03.720 --> 56:08.720] the Department of Public Safety shall not enforce the criminal laws
[56:08.720 --> 56:13.720] and that's because we did not want a state police
[56:13.720 --> 56:21.720] Our founders in every state separated policing up into individual counties
[56:21.720 --> 56:27.720] In Texas we have 254 separate sheriffs
[56:27.720 --> 56:31.720] We don't have to worry about all of these sheriffs getting together
[56:31.720 --> 56:34.720] and taking over the country, over the state
[56:34.720 --> 56:41.720] Like we would have to worry about if we had one single state police
[56:41.720 --> 56:44.720] That was done very deliberately
[56:44.720 --> 56:52.720] So the state police only are allowed to enforce transportation code
[56:52.720 --> 56:56.720] So my argument if I was in Texas would be
[56:56.720 --> 57:02.720] where did, if I was arrested by DUI, by DPS
[57:02.720 --> 57:09.720] I would say where did you get authority to enforce the criminal laws?
[57:09.720 --> 57:15.720] I want to see the request sent to you by the sheriff
[57:15.720 --> 57:19.720] and the sheriff's authorization
[57:19.720 --> 57:23.720] If you don't have it, you don't have jurisdiction
[57:23.720 --> 57:26.720] Jurisdiction can be complicated
[57:26.720 --> 57:30.720] You have to read the criminal procedure code twice
[57:30.720 --> 57:32.720] This will all make sense to you
[57:32.720 --> 57:34.720] Do you know how it is in New York just offhand?
[57:34.720 --> 57:36.720] Yes
[57:36.720 --> 57:40.720] In New York, if someone's arrested, they're to be taken before
[57:40.720 --> 57:45.720] They can be taken to jail, but within I think 24, 36 hours
[57:45.720 --> 57:51.720] they're to be taken before magistrate for a preliminary hearing
[57:51.720 --> 57:53.720] Right?
[57:53.720 --> 58:01.720] In Texas, the statute says they're to take the person directly to the nearest magistrate
[58:01.720 --> 58:05.720] They only get 24, 36 hours
[58:05.720 --> 58:11.720] The only way they get any time is a showing of due diligence and effort to locate a magistrate
[58:11.720 --> 58:17.720] That's why I say Texas has the best body of law of any state union
[58:17.720 --> 58:21.720] Every remedy we need is in there, they're just not following it
[58:21.720 --> 58:25.720] When New York's done, when you come back
[58:25.720 --> 58:29.720] Okay, we'll pick this up on the other side
[58:29.720 --> 58:34.720] This was going to be short, it's only been two segments, so it's pretty short
[58:34.720 --> 58:38.720] Brady Kelton, Brett Fountain, I think you've loved the video
[58:38.720 --> 58:44.720] Stop talking when I'm doing the outro, John, ex-radio host, you know better than that
[58:44.720 --> 59:12.720] We'll be right back
[59:14.720 --> 59:18.720] We'll be right back
[59:44.720 --> 59:49.720] Or visit us online at bfa.org
[59:49.720 --> 59:59.720] Live, free speech radio, logosradionetwork.com
[59:59.720 --> 01:00:05.720] The Bill of Rights contains the first ten amendments of our Constitution
[01:00:05.720 --> 01:00:08.720] They guarantee the specific freedoms Americans should know and protect
[01:00:08.720 --> 01:00:10.720] Our liberty depends on it
[01:00:10.720 --> 01:00:16.720] I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights
[01:00:16.720 --> 01:00:18.720] Privacy is under attack
[01:00:18.720 --> 01:00:22.720] When you give up data about yourself, you'll never get it back again
[01:00:22.720 --> 01:00:26.720] And once your privacy is gone, you'll find your freedoms will start to vanish too
[01:00:26.720 --> 01:00:32.720] So protect your rights, say no to surveillance and keep your information to yourself
[01:00:32.720 --> 01:00:34.720] Privacy, it's worth hanging on to
[01:00:34.720 --> 01:00:38.720] This public service announcement is brought to you by Startpage.com
[01:00:38.720 --> 01:00:42.720] The private search engine alternative to Google, Yahoo, and Bing
[01:00:42.720 --> 01:00:45.720] Start over with Startpage
[01:00:45.720 --> 01:00:48.720] Imagine your mom and dad are getting ready for bed
[01:00:48.720 --> 01:00:51.720] They pull back the covers and find a third party there
[01:00:51.720 --> 01:00:54.720] He announces, I'm with the military and I'm sleeping here tonight
[01:00:54.720 --> 01:01:00.720] That shocking image of a third party in my parents' bed reminds me what the Third Amendment was designed to prevent
[01:01:00.720 --> 01:01:06.720] It protects us from being forced to share our homes with soldiers, a common demand in the days of our founding fathers
[01:01:06.720 --> 01:01:08.720] Third party, Third Amendment, get it?
[01:01:08.720 --> 01:01:12.720] So if you answer a knock at your door and guys in fatigues demand lodging
[01:01:12.720 --> 01:01:16.720] Tell them to dust off their copy of the Bill of Rights and re-read the Third Amendment
[01:01:16.720 --> 01:01:21.720] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com
[01:01:31.720 --> 01:01:35.720] The Bill of Rights contains the first ten amendments of our Constitution
[01:01:35.720 --> 01:01:38.720] They guarantee the specific freedoms Americans should know and protect
[01:01:38.720 --> 01:01:40.720] Our liberty depends on it
[01:01:40.720 --> 01:01:46.720] I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights
[01:01:46.720 --> 01:01:48.720] Privacy is under attack
[01:01:48.720 --> 01:01:52.720] When you give up data about yourself, you'll never get it back again
[01:01:52.720 --> 01:01:56.720] And once your privacy is gone, you'll find your freedoms will start to vanish too
[01:01:56.720 --> 01:02:02.720] So protect your rights, say no to surveillance, and keep your information to yourself
[01:02:02.720 --> 01:02:04.720] Privacy, it's worth hanging on to
[01:02:04.720 --> 01:02:08.720] This public service announcement is brought to you by Startpage.com
[01:02:08.720 --> 01:02:12.720] The private search engine alternative to Google, Yahoo, and Bing
[01:02:12.720 --> 01:02:15.720] Start over with Startpage
[01:02:15.720 --> 01:02:21.720] Imagine four eyes staring at you through binoculars, a magnifying glass, or a pair of x-ray goggles
[01:02:21.720 --> 01:02:27.720] That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable search and seizure
[01:02:27.720 --> 01:02:30.720] Fourth Amendment, four eyes staring at you, get it?
[01:02:30.720 --> 01:02:34.720] Unfortunately, the government is trampling our Fourth Amendment rights in the name of security
[01:02:34.720 --> 01:02:39.720] Case in point, TSA airport scanners that peer under your clothing
[01:02:39.720 --> 01:02:46.720] When government employees demand a peep at your privates without probable cause, I say it's time to sound the Constitutional alarm bells
[01:02:46.720 --> 01:02:53.720] 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
[01:02:53.720 --> 01:03:00.720] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com
[01:03:24.720 --> 01:03:31.720] I won't pay for the war with my body
[01:03:31.720 --> 01:03:34.720] Ain't gonna pay for the car with my money
[01:03:34.720 --> 01:03:37.720] I won't pay for the fun with my body
[01:03:37.720 --> 01:03:41.720] The plans wicked and the logic shoddy
[01:03:41.720 --> 01:03:44.720] Ain't gonna pay for the oil with my body
[01:03:44.720 --> 01:03:47.720] I won't pay for the boys with my money
[01:03:47.720 --> 01:03:51.720] Ain't gonna pay for the kids with my body
[01:03:51.720 --> 01:03:54.720] The whole agenda smells funny
[01:03:54.720 --> 01:04:04.720] Okay, howdy, howdy, Randy Kelton, Brett Fountain, Louie Lavigio on this Friday the 13th day of May 2022
[01:04:04.720 --> 01:04:10.720] And we're talking to John, interrupt me during the outro, from New York
[01:04:10.720 --> 01:04:14.720] Sorry, sorry, I didn't hear it, I didn't hear your outro
[01:04:14.720 --> 01:04:18.720] Sorry about that, these telephones are not the greatest
[01:04:18.720 --> 01:04:25.720] Well, you need to take your cell phone and beat yourself around the eyes and the ears
[01:04:25.720 --> 01:04:28.720] Just to get yourself straight
[01:04:28.720 --> 01:04:33.720] Okay, do you now understand or somewhat understand jurisdiction?
[01:04:33.720 --> 01:04:40.720] Kind of, yeah, I'm getting a pretty good course in it tonight
[01:04:40.720 --> 01:04:49.720] See, what I think has happened
[01:04:49.720 --> 01:04:54.720] This is the work you guys are doing, I mean, I don't have to tell you what you're doing
[01:04:54.720 --> 01:04:58.720] For so long, for so many years, Americans were asleep
[01:04:58.720 --> 01:05:04.720] And all these things were like the boiled frog, they snuck up on us with a degree at a time
[01:05:04.720 --> 01:05:10.720] They took this right, then they took that right, then 2001, they took a whole bunch of rights
[01:05:10.720 --> 01:05:16.720] And now our cell phones and our computers are subject to their snooping eyes and ears
[01:05:16.720 --> 01:05:22.720] And now they want to take our independence on May 22nd to the 28th
[01:05:22.720 --> 01:05:29.720] Biden is going to send his representatives and the World Health Organization and Tedros
[01:05:29.720 --> 01:05:34.720] They're going to become our bosses, is what is going to happen
[01:05:34.720 --> 01:05:41.720] And they're going to vote and let the World Health Organization dictate to us what we can do and what we can't do
[01:05:41.720 --> 01:05:48.720] And so, a degree at a time, and this is how we take our country back, by doing what you're doing
[01:05:48.720 --> 01:05:54.720] So, do you think that I've got enough information?
[01:05:54.720 --> 01:06:01.720] Oh, okay, I didn't think you were finished with the sentence, and you have enough information for what?
[01:06:01.720 --> 01:06:04.720] To handle jurisdiction?
[01:06:04.720 --> 01:06:08.720] To handle jurisdiction, yes
[01:06:08.720 --> 01:06:20.720] Yes, well you need to read the criminal procedure code for New York, but the general idea of how to address jurisdiction, yes, you have that
[01:06:20.720 --> 01:06:27.720] Okay, and I can apply that to a DWI, because I don't think they did the right thing
[01:06:27.720 --> 01:06:32.720] I really don't, I think they messed up some of it
[01:06:32.720 --> 01:06:36.720] Well, every case I've looked at, they mess things up
[01:06:36.720 --> 01:06:44.720] And they mess them up horribly, because for the most part, people don't hold them to the rule of law
[01:06:44.720 --> 01:06:50.720] Right, right, that's exactly what you guys do, and that's exactly where I'm coming from
[01:06:50.720 --> 01:06:56.720] I want to attack them with that, that they have not followed procedure, they've not followed
[01:06:56.720 --> 01:07:04.720] I mean, in a simple traffic court, I counted six different ways they violated people's rights, who came to me looking for answers
[01:07:04.720 --> 01:07:13.720] Well, go down to the traffic court and watch them, and then start filing judicial conduct complaints and criminal complaints against them
[01:07:13.720 --> 01:07:26.720] The worst thing to have is a third-party ringer, someone who doesn't have a dog in their hunt, someone over whom they have no leverage
[01:07:26.720 --> 01:07:36.720] Yeah, yeah, our judicial, we used to have a good judicial complaint department, so to speak, in Rochester, New York
[01:07:36.720 --> 01:07:44.720] It is now corrupt, we used to have good appellate courts in this state, they are now corrupt
[01:07:44.720 --> 01:07:55.720] The appellate judge, when they filed a motion to dismiss because the trial judge didn't follow procedure
[01:07:55.720 --> 01:08:02.720] I mean, he just about, sixth amendment, this and that, but that, I mean, he destroyed it all, five of them
[01:08:02.720 --> 01:08:13.720] And then the appellate judge made a number six boo-boo when he did not even address one of the contentions, one of the complaints
[01:08:13.720 --> 01:08:20.720] One of the, what's the word, you see, I don't do law, I do medical
[01:08:20.720 --> 01:08:21.720] Allegations
[01:08:21.720 --> 01:08:24.720] One of the, what?
[01:08:24.720 --> 01:08:25.720] Allegations
[01:08:25.720 --> 01:08:41.720] What? Made an allegation, made a claim, got to dismiss it, and then the appellate judge didn't even address the most important issue that the judge had deliberately fouled up
[01:08:41.720 --> 01:08:46.720] I mean, he couldn't plead ignorance on this one, it was so
[01:08:46.720 --> 01:08:48.720] You have tools for that
[01:08:48.720 --> 01:09:06.720] You can file a petition for a rehearing, you can file a petition for writ amandamus with the supreme, ask the supreme to order the appellate court to address all of the available issues
[01:09:06.720 --> 01:09:22.720] See, and well, we let him get away with it, you know, after a while, your head, it's like a sponge, it can hold just so much, so anyway, but is there anything else, so I'm going to look at the criminal procedure law
[01:09:22.720 --> 01:09:30.720] Is there any particular place, a heading that I should look for, or is it the whole criminal procedure law that I should read?
[01:09:30.720 --> 01:09:35.720] You should read the first half, at least
[01:09:35.720 --> 01:09:36.720] Okay
[01:09:36.720 --> 01:09:47.720] Read it twice, and your head will be like a sponge, so from now on, we'll start calling you Sponge John
[01:09:47.720 --> 01:09:53.720] Sponge Bob's brother
[01:09:53.720 --> 01:10:01.720] Yeah, I've read the law before, and the first time you read it, I don't know what in heaven's name they're saying, I really don't
[01:10:01.720 --> 01:10:04.720] That's why you read it twice
[01:10:04.720 --> 01:10:08.720] The second time you read it, the pieces start fitting together
[01:10:08.720 --> 01:10:10.720] Yeah, I need to read it six times
[01:10:10.720 --> 01:10:19.720] All right, there's so much more I want to ask you, but I think we better move on because you've got other callers, so
[01:10:19.720 --> 01:10:21.720] Okay, thank you, John
[01:10:21.720 --> 01:10:22.720] Thank you
[01:10:22.720 --> 01:10:26.720] Okay, now we're going to go to Tina in California
[01:10:26.720 --> 01:10:32.720] Hello, Tina, what do you have for us today?
[01:10:32.720 --> 01:10:44.720] Well, a couple of things, one thing just came up today, but we'll start with the issue of the consignment store where I filed an
[01:10:44.720 --> 01:10:57.720] adversary proceeding within that case, and the defendants have just lied and evaded discovery and all these other things
[01:10:57.720 --> 01:11:03.720] and I've called them out with declarations to the court every time, including all their emails
[01:11:03.720 --> 01:11:10.720] We have a new judge, he ordered us all to attend in person to the last status conference
[01:11:10.720 --> 01:11:21.720] Now, I had a family issue come up and I politely requested by letter that I be allowed to appear by Zoom with camera on
[01:11:21.720 --> 01:11:29.720] to save the four hours of drive time and he denied it, which he had the right to do that
[01:11:29.720 --> 01:11:35.720] and another of the plaintiffs had a very, very sick husband who she had to hire someone to watch
[01:11:35.720 --> 01:11:44.720] We all went down there and the defendant didn't turn up and one of them called in, the main one called in and said,
[01:11:44.720 --> 01:11:52.720] oh, my father's sick, he got sick this weekend with sepsis and we have to be by his bedside and the judge said,
[01:11:52.720 --> 01:11:58.720] oh, the other plaintiffs are all here and they had issues and I denied Ms. Colbrook her request
[01:11:58.720 --> 01:12:06.720] and where's your husband? Why isn't he here? Oh, he's by my father's bedside so I can be on Zoom
[01:12:06.720 --> 01:12:10.720] So he told her off a little bit, but he didn't sanction her
[01:12:10.720 --> 01:12:18.720] The person who had to hire someone just spoke up and said, you know, I find this appalling that they always come up with an excuse
[01:12:18.720 --> 01:12:24.720] and they seem to get away with just not doing anything they're supposed to do
[01:12:24.720 --> 01:12:30.720] Anyway, it ended up, we thought he was going to be a little tougher than he was
[01:12:30.720 --> 01:12:39.720] He asked us a few things, do you want us to delay the hearing and move out for another status conference in 30 days
[01:12:39.720 --> 01:12:47.720] or do you want to set for trial? And he gave us a few things about it and said, go and talk about it and come back in
[01:12:47.720 --> 01:12:57.720] Well, two of us, the two main plaintiffs who have got experience said, well, you know, let's not move it out, let's just go for trial
[01:12:57.720 --> 01:13:03.720] The other two wanted to stay the case, so we all agreed that we'd go to trial on August the 10th
[01:13:03.720 --> 01:13:11.720] But one of them has just said, well, she wants to pull out because she feels that this woman is just getting away with murder, there's no justice
[01:13:11.720 --> 01:13:19.720] How could she be allowed to not turn up to court? And we all had to make a huge effort financially and time-wise
[01:13:19.720 --> 01:13:26.720] And she said she wants to spend the time with her husband because she doesn't know how much time he's got left
[01:13:26.720 --> 01:13:36.720] And she also said she asked an attorney about staying the case pending the outcome of the criminal case, which could be two years from now
[01:13:36.720 --> 01:13:48.720] We don't know. So my question is, do you think the other two of us, me and this other guy who have got a little bit of experience, not much
[01:13:48.720 --> 01:13:56.720] But he thinks we'll do well ourselves at trial, even if she hires another attorney, which will be her seventh
[01:13:56.720 --> 01:14:08.720] If someone is willing to come in at this late stage, do you think that I would be able to handle myself well enough to go to trial
[01:14:08.720 --> 01:14:18.720] And question her and call out her frauds and answer any attorney's objections?
[01:14:18.720 --> 01:14:24.720] I think you would absolutely be up to answering any attorney's objections
[01:14:24.720 --> 01:14:32.720] As to questioning the witness, that is essentially a special skill
[01:14:32.720 --> 01:14:47.720] I don't know. I suspect you would be up to that task, but it is a somewhat different skill than answering questions and filing complaints and such
[01:14:47.720 --> 01:14:49.720] Yeah
[01:14:49.720 --> 01:14:54.720] So I don't know how to answer that. I think you would do just fine
[01:14:54.720 --> 01:15:08.720] Okay. Well, even if we were able to hire an appearance attorney to handle that part, it would be beyond what we could afford
[01:15:08.720 --> 01:15:18.720] I think you'll be fine. She doesn't have an attorney either, so you have a great advantage
[01:15:18.720 --> 01:15:30.720] She told the judge that she could not handle the trial herself and they've been talking to an attorney and we're going to hire one for it
[01:15:30.720 --> 01:15:34.720] Almost certainly she's just blowing smoke
[01:15:34.720 --> 01:15:49.720] That's what we're thinking because she'd have to spend $10,000 to get someone to come and defend her after she's not paid six other attorneys that have all withdrawn from either her bankruptcy or the AP case
[01:15:49.720 --> 01:15:59.720] So good luck on her finding another attorney. If she can't find an attorney, she can ask the court to appoint one
[01:15:59.720 --> 01:16:03.720] No, she can't. It's a civil case
[01:16:03.720 --> 01:16:06.720] You still can in the civil
[01:16:06.720 --> 01:16:07.720] You can?
[01:16:07.720 --> 01:16:18.720] Yeah, she's been prosecuted in the civil. She has a right to counsel even in civil. And if she can afford one, then she can ask the court to appoint one
[01:16:18.720 --> 01:16:21.720] But don't tell her that. She might not know that
[01:16:21.720 --> 01:16:25.720] No, I won't. She probably doesn't know that
[01:16:25.720 --> 01:16:37.720] Okay. Well, I guess we'll start questioning most of it. You know, the question we're on is all the extreme up. You're running me off the cliff, Randy
[01:16:37.720 --> 01:16:40.720] No, not me. That's you running off the cliff
[01:16:40.720 --> 01:16:44.720] I was kidding. Randy would never do such a thing
[01:16:44.720 --> 01:16:46.720] I feel disparaged
[01:16:46.720 --> 01:16:49.720] You're going to hurt my feelings
[01:16:49.720 --> 01:16:51.720] Hang on
[01:16:51.720 --> 01:16:59.720] We'll be right back
[01:17:21.720 --> 01:17:28.720] How to get debt collectors out of your credit report
[01:17:28.720 --> 01:17:33.720] How to turn the financial tables on them and make them pay you to go away
[01:17:33.720 --> 01:17:38.720] The Michael Mears proven method is the solution for how to stop debt collectors
[01:17:38.720 --> 01:17:40.720] Personal consultation is available as well
[01:17:40.720 --> 01:17:46.720] For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[01:17:46.720 --> 01:17:49.720] Or email michaelmears at yahoo.com
[01:17:49.720 --> 01:17:56.720] That's ruleoflawradio.com or email michaelmears at yahoo.com
[01:17:56.720 --> 01:17:59.720] To learn how to stop debt collectors now
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[01:19:36.720 --> 01:19:38.720] Okay, we are back
[01:19:38.720 --> 01:19:41.720] Randy Kelton, Brett Fountain, Blue by Radio
[01:19:41.720 --> 01:19:54.720] And Tina Taylor, you know I was only kidding about that little careless remark
[01:19:54.720 --> 01:19:59.720] Are you there?
[01:19:59.720 --> 01:20:00.720] Hello, Ms. Tina
[01:20:00.720 --> 01:20:01.720] Oh, you lose her?
[01:20:01.720 --> 01:20:02.720] Yes
[01:20:02.720 --> 01:20:03.720] You offended her
[01:20:03.720 --> 01:20:08.720] No, I'm here, I'm here
[01:20:08.720 --> 01:20:13.720] I had it on mute so you wouldn't hear noise during the break
[01:20:13.720 --> 01:20:16.720] Okay, I don't think you'll have a problem
[01:20:16.720 --> 01:20:19.720] Even if they get a lawyer, you're not going to have much of a problem
[01:20:19.720 --> 01:20:23.720] Because of this woman's history
[01:20:23.720 --> 01:20:28.720] She really doesn't have much of a defense of any kind
[01:20:28.720 --> 01:20:32.720] No, because she lied so much, she can't remember her lies
[01:20:32.720 --> 01:20:38.720] I think if we just call her out on that and question her, say on this day you stated this in an email
[01:20:38.720 --> 01:20:45.720] And yet in your answer you stated something completely different, which statement is true
[01:20:45.720 --> 01:20:48.720] And you can ask the court to strike her statements
[01:20:48.720 --> 01:20:54.720] Yeah, if you find something that's impossibly inconsistent, you don't have to figure out which one's true
[01:20:54.720 --> 01:21:01.720] You just have to highlight that they're impossibly inconsistent and boom, that's perjury
[01:21:01.720 --> 01:21:08.720] Okay, do we ask the court to strike them at the trial or do we file something before?
[01:21:08.720 --> 01:21:11.720] Go ahead and do it early
[01:21:11.720 --> 01:21:15.720] Yeah, do it immediately
[01:21:15.720 --> 01:21:22.720] The earlier you do it, the less chance you're giving for her to notice the discrepancy and fix it on her own
[01:21:22.720 --> 01:21:34.720] If someone commits perjury and before you act on the perjure statements, they recant their perjure statements
[01:21:34.720 --> 01:21:37.720] Then they're not liable
[01:21:37.720 --> 01:21:44.720] I once had a constable get on the stand and testify that he was a constable
[01:21:44.720 --> 01:21:47.720] And he wasn't, he had been fired
[01:21:47.720 --> 01:21:52.720] And after the trial, the judge came to me who hated this constable
[01:21:52.720 --> 01:21:58.720] And told me that he lied on the stand about being a constable and he'd been fired
[01:21:58.720 --> 01:22:00.720] I said, yeah, I knew that
[01:22:00.720 --> 01:22:02.720] Well, you didn't call him on it
[01:22:02.720 --> 01:22:04.720] I said, no, I didn't
[01:22:04.720 --> 01:22:08.720] If I had called him on it, he would have had the opportunity to recant
[01:22:08.720 --> 01:22:14.720] And the judge stood there a second and this grin come across his face
[01:22:14.720 --> 01:22:16.720] Mr. Kelton
[01:22:16.720 --> 01:22:20.720] First I told him it wasn't relevant whether he was a constable or not
[01:22:20.720 --> 01:22:25.720] But besides, if I had a challenge that he could recant
[01:22:25.720 --> 01:22:28.720] The judge got this grin across his face
[01:22:28.720 --> 01:22:35.720] I said, Mr. Kelton, you can be a, I won't say what he said
[01:22:35.720 --> 01:22:45.720] And here you go calling Tina, Charlie
[01:22:45.720 --> 01:22:50.720] But yeah, so if they recant their perjure testimony, you can't charge them with it
[01:22:50.720 --> 01:22:56.720] So before they have an opportunity to recant, charge them with it
[01:22:56.720 --> 01:23:02.720] And then they still have, it's iffy as to whether they can recant or not
[01:23:02.720 --> 01:23:08.720] If they go ahead and recant, they might get out of criminal charges
[01:23:08.720 --> 01:23:10.720] But it's still perjury
[01:23:10.720 --> 01:23:13.720] It'll look really bad for them
[01:23:13.720 --> 01:23:18.720] Judges do not like being lied to
[01:23:18.720 --> 01:23:20.720] Often they take it very personal
[01:23:20.720 --> 01:23:23.720] Go ahead, Brett
[01:23:23.720 --> 01:23:26.720] No, I didn't have anything else to say about that
[01:23:26.720 --> 01:23:29.720] The criminal case is different to our case though
[01:23:29.720 --> 01:23:31.720] It's a separate case
[01:23:31.720 --> 01:23:33.720] Oh no, no, no, you don't understand
[01:23:33.720 --> 01:23:37.720] He's talking about a new criminal case that they have to stand to be answered for perjury
[01:23:37.720 --> 01:23:43.720] You commit aggravated perjury on the stand, it's criminal, even if it's a civil case
[01:23:43.720 --> 01:23:46.720] That's a separate issue
[01:23:46.720 --> 01:23:48.720] Wow
[01:23:48.720 --> 01:23:54.720] You can ask the judge to have the bailiff arrest the woman for aggravated perjury
[01:23:54.720 --> 01:23:58.720] Yeah, in addition to the motion to strike
[01:23:58.720 --> 01:24:03.720] Okay, she committed perjury on her bankruptcy papers
[01:24:03.720 --> 01:24:07.720] You know, just, you know, they're kind of small things
[01:24:07.720 --> 01:24:10.720] But you know, it says under penalty perjury
[01:24:10.720 --> 01:24:12.720] It says, oh, my debts are all consumer
[01:24:12.720 --> 01:24:15.720] Then on another page, my debts are all business
[01:24:15.720 --> 01:24:17.720] I've never gone by a different name
[01:24:17.720 --> 01:24:19.720] Yes, we've got proof you have
[01:24:19.720 --> 01:24:21.720] I don't have any pets
[01:24:21.720 --> 01:24:22.720] Yes, you do
[01:24:22.720 --> 01:24:24.720] You lied about that
[01:24:24.720 --> 01:24:26.720] You lied about the amount
[01:24:26.720 --> 01:24:32.720] So there's so many little inconsistencies which we brought up to the trustee
[01:24:32.720 --> 01:24:34.720] And he didn't do anything about it
[01:24:34.720 --> 01:24:37.720] Well, those won't be material
[01:24:37.720 --> 01:24:39.720] Or they might not be
[01:24:39.720 --> 01:24:43.720] Unless having pets or not having pets goes to something in the case
[01:24:43.720 --> 01:24:45.720] That would be a lie
[01:24:45.720 --> 01:24:50.720] It would be perjury, but it wouldn't be aggravated perjury because it's not material
[01:24:50.720 --> 01:24:53.720] In some states, I don't know what California has to say about it
[01:24:53.720 --> 01:24:58.720] But some states don't consider immaterial lies to be a crime
[01:24:58.720 --> 01:25:00.720] It has to be material to even be a crime at all
[01:25:00.720 --> 01:25:02.720] So you might check and see
[01:25:02.720 --> 01:25:03.720] Wow
[01:25:03.720 --> 01:25:08.720] And in civil, you don't have to admit to anything
[01:25:08.720 --> 01:25:12.720] I have the guy sue Wells Fargo
[01:25:12.720 --> 01:25:17.720] Or they were suing him for foreclosure and we countersued
[01:25:17.720 --> 01:25:22.720] But in the response, we said, who are you?
[01:25:22.720 --> 01:25:27.720] The guy had gotten the loan through Wells Fargo
[01:25:27.720 --> 01:25:30.720] And Wells Fargo was a servicer, Wells Fargo was doing the foreclosure
[01:25:30.720 --> 01:25:32.720] And we said, who the heck are you?
[01:25:32.720 --> 01:25:36.720] We've never entered into a contract with you
[01:25:36.720 --> 01:25:40.720] Never entered into a contract with your alleged principal
[01:25:40.720 --> 01:25:43.720] Prove up your position
[01:25:43.720 --> 01:25:46.720] We didn't have to admit to anything
[01:25:46.720 --> 01:25:50.720] They had to prove it up and that wasn't perjury
[01:25:50.720 --> 01:25:57.720] So if you have pets, figure it out
[01:25:57.720 --> 01:25:59.720] You don't have to admit
[01:25:59.720 --> 01:26:04.720] If the fact that you have pets, okay, it depends on how it is
[01:26:04.720 --> 01:26:12.720] If they're trying to determine how much funds you have available
[01:26:12.720 --> 01:26:18.720] Then whether you have pets or not is material
[01:26:18.720 --> 01:26:23.720] Or maybe when they're doing the voir dire on the jurors
[01:26:23.720 --> 01:26:26.720] And they're asking questions about that, what do you think?
[01:26:26.720 --> 01:26:30.720] Does that become material because it's part of the selection process?
[01:26:30.720 --> 01:26:35.720] No, not, oh, you mean if a juror lies to them?
[01:26:35.720 --> 01:26:41.720] Yeah, a potential juror lies and then it gets picked
[01:26:41.720 --> 01:26:45.720] And then it comes out that they actually lied to get picked
[01:26:45.720 --> 01:26:48.720] No, that's not it
[01:26:48.720 --> 01:26:52.720] Somebody that says, oh, there's more than one way to skin a cat
[01:26:52.720 --> 01:26:54.720] Do you skin cats? You have cats?
[01:26:54.720 --> 01:27:02.720] And they're trying to figure out about whether this is one of those pro-pet person or anti-pet
[01:27:02.720 --> 01:27:05.720] I only skinned one cat and I didn't run it over
[01:27:05.720 --> 01:27:12.720] I told the wife when she saw that hide stretched on a stretching board in my shop
[01:27:12.720 --> 01:27:16.720] And figured out it was a cat, she was not understanding
[01:27:16.720 --> 01:27:20.720] I told her I didn't skin it, somebody else ran over it
[01:27:20.720 --> 01:27:24.720] I didn't kill it, somebody else ran over it, I just jerked the hide off of it
[01:27:24.720 --> 01:27:27.720] She did not take that well
[01:27:27.720 --> 01:27:31.720] Okay, that's questionable
[01:27:31.720 --> 01:27:40.720] It goes to the nature, if you're not admitting to something to get out of jury duty
[01:27:40.720 --> 01:27:46.720] Yeah, I think technically they could probably hold you in contempt
[01:27:46.720 --> 01:27:57.720] But not prosecute you for aggravated perjury because you really did not create any harm
[01:27:57.720 --> 01:28:00.720] I don't know, it's questionable
[01:28:00.720 --> 01:28:07.720] Specifically it says that you are, all these answers, because it asks you certain questions
[01:28:07.720 --> 01:28:15.720] And all the answers it says you are stating these above are true and correct under penalty of perjury
[01:28:15.720 --> 01:28:20.720] Yeah, but it's not necessarily aggravated
[01:28:20.720 --> 01:28:22.720] No
[01:28:22.720 --> 01:28:33.720] When you're on the stand you have a lot of leeway and a lot of, I don't know what's the term
[01:28:33.720 --> 01:28:41.720] They don't really want to intimidate a witness too much because then the witness will be afraid to testify
[01:28:41.720 --> 01:28:45.720] So it takes a lot to get perjury
[01:28:45.720 --> 01:28:53.720] Now it doesn't take anywhere near as much to get sanctions
[01:28:53.720 --> 01:28:57.720] So instead of trying to accuse them of perjury and ask for sanctions
[01:28:57.720 --> 01:29:05.720] That's easier to get than an accusation of aggravated perjury
[01:29:05.720 --> 01:29:08.720] Okay, we'll do that now
[01:29:08.720 --> 01:29:13.720] The judge was pretty good because he knows we're all per se
[01:29:13.720 --> 01:29:19.720] It's interesting because he said I'm not going to ask you to file a pretrial motion or anything like that
[01:29:19.720 --> 01:29:22.720] He just laid out this is what you're going to do
[01:29:22.720 --> 01:29:28.720] You're going to get your exhibit list to the other side by August the 1st
[01:29:28.720 --> 01:29:32.720] And you're going to get it to the court and file it by August the 1st
[01:29:32.720 --> 01:29:38.720] And it's going to be the plaintiffs are going to number theirs A through Z
[01:29:38.720 --> 01:29:41.720] And the defendants one through whatever
[01:29:41.720 --> 01:29:44.720] And then you're going to get the witnesses too
[01:29:44.720 --> 01:29:52.720] So he really made it simpler for us to go towards trial and have the exhibits and everything done
[01:29:52.720 --> 01:29:54.720] Good, good, sounds like you won't have any problems
[01:29:54.720 --> 01:29:58.720] Hang on, about to go to our sponsors Randy Kendall and Brett Fountain
[01:29:58.720 --> 01:30:01.720] You'll be right
[01:30:01.720 --> 01:30:05.720] Sorry soft drink lovers, even diet drinks can make you fat
[01:30:05.720 --> 01:30:10.720] A new study shows that diet soda drinkers gain much more weight than people who avoid the stuff
[01:30:10.720 --> 01:30:15.720] I'll be back in a moment with a scoop on supposedly skinny sodas
[01:30:15.720 --> 01:30:18.720] Privacy is under attack
[01:30:18.720 --> 01:30:21.720] When you give up data about yourself you'll never get it back again
[01:30:21.720 --> 01:30:26.720] And once your privacy is gone you'll find your freedoms will start to vanish too
[01:30:26.720 --> 01:30:31.720] So protect your rights, say no to surveillance and keep your information to yourself
[01:30:31.720 --> 01:30:34.720] Privacy, it's worth hanging on to
[01:30:34.720 --> 01:30:37.720] This public service announcement is brought to you by Startpage.com
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[01:30:45.720 --> 01:30:50.720] Artificial sweeteners cut the calories and help you lose weight, right? Wrong
[01:30:50.720 --> 01:30:55.720] Researchers at UT San Antonio followed hundreds of diet soda drinkers for nearly a decade
[01:30:55.720 --> 01:31:02.720] They found that regularly drinking diet soda expanded people's waistlines five times more than no soda at all
[01:31:02.720 --> 01:31:05.720] The study's authors say artificial sweeteners trigger the appetite
[01:31:05.720 --> 01:31:09.720] But unlike regular sugars, don't deliver anything to squelch it
[01:31:09.720 --> 01:31:15.720] Waking up hunger without satisfying it leads to cravings, which can result in a larger overall calorie intake
[01:31:15.720 --> 01:31:18.720] So use natural sweeteners to maintain a healthy weight
[01:31:18.720 --> 01:31:23.720] And if you need to shed some pounds, avoid the sweet stuff altogether and drink water instead
[01:31:23.720 --> 01:31:29.720] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com
[01:31:29.720 --> 01:31:35.720] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11
[01:31:35.720 --> 01:31:37.720] The government says that fire brought it down
[01:31:37.720 --> 01:31:42.720] However, 1,500 architects and engineers concluded it was a controlled demolition
[01:31:42.720 --> 01:31:45.720] Over 6,000 of my fellow service members have given their lives
[01:31:45.720 --> 01:31:48.720] And thousands of my fellow first responders are dying
[01:31:48.720 --> 01:31:49.720] I'm not a conspiracy theorist
[01:31:49.720 --> 01:31:50.720] I'm a structural engineer
[01:31:50.720 --> 01:31:51.720] I'm a New York City correction officer
[01:31:51.720 --> 01:31:52.720] I'm an Air Force pilot
[01:31:52.720 --> 01:31:54.720] I'm a father who lost his son
[01:31:54.720 --> 01:31:57.720] We're Americans and we deserve the truth
[01:31:57.720 --> 01:32:00.720] Go to RememberBuilding7.org today
[01:32:27.720 --> 01:32:31.720] This interview with Rule of Law Radio has put together the most comprehensive teaching tool available
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[01:33:24.720 --> 01:33:29.720] The wicked come with temptations
[01:33:29.720 --> 01:33:34.720] They're trying to buy the whole place
[01:33:34.720 --> 01:33:39.720] They wanna poison the nation
[01:33:39.720 --> 01:33:44.720] Because they're falling apart
[01:33:44.720 --> 01:33:54.720] They wanna poison the nation
[01:33:54.720 --> 01:33:58.720] Because they're falling from grace
[01:33:58.720 --> 01:34:01.720] We are back, Randy Kelton, Brett Fountain, Rule Of Law Radio
[01:34:01.720 --> 01:34:04.720] We're talking to Tina in California
[01:34:04.720 --> 01:34:07.720] And Tina, I don't think you'll have any trouble
[01:34:07.720 --> 01:34:10.720] And if she commits perjury
[01:34:10.720 --> 01:34:15.720] We won't be helpful to ask the judge to prosecute her for perjury
[01:34:15.720 --> 01:34:18.720] Because they really don't like to do that
[01:34:18.720 --> 01:34:21.720] And he's especially not going to like to do that
[01:34:21.720 --> 01:34:24.720] When the person doesn't have an attorney
[01:34:24.720 --> 01:34:28.720] But you can ask for sanctions
[01:34:28.720 --> 01:34:33.720] Because judges really don't like to be lied to
[01:34:33.720 --> 01:34:35.720] Yeah
[01:34:35.720 --> 01:34:36.720] Well, we hope so
[01:34:36.720 --> 01:34:38.720] He's a brand new judge though
[01:34:38.720 --> 01:34:40.720] You know, this is all kind of new to him
[01:34:40.720 --> 01:34:43.720] So we'll have to see
[01:34:43.720 --> 01:34:49.720] It's most likely he will try to be fair and even
[01:34:49.720 --> 01:34:50.720] Yeah
[01:34:50.720 --> 01:34:54.720] And that'll probably serve you very well
[01:34:54.720 --> 01:34:55.720] Okay
[01:34:55.720 --> 01:34:56.720] Now my second question
[01:34:56.720 --> 01:35:02.720] You know the case against the attorney that lied about sending me the documents
[01:35:02.720 --> 01:35:04.720] And then refused to produce them
[01:35:04.720 --> 01:35:09.720] And claimed litigation privilege that they can lie and to get away with it
[01:35:09.720 --> 01:35:11.720] And file the anti-slap
[01:35:11.720 --> 01:35:13.720] And I filed a motion for reconsideration
[01:35:13.720 --> 01:35:17.720] Because even though it's a different party
[01:35:17.720 --> 01:35:20.720] It's the attorney I went after for lying
[01:35:20.720 --> 01:35:24.720] They claim it's barred by res judicata
[01:35:24.720 --> 01:35:28.720] I don't know how a different party can be barred by res judicata
[01:35:28.720 --> 01:35:31.720] It just doesn't make sense
[01:35:31.720 --> 01:35:34.720] It doesn't follow the Supreme Court rulings either for that
[01:35:34.720 --> 01:35:35.720] But
[01:35:35.720 --> 01:35:36.720] It's also
[01:35:36.720 --> 01:35:39.720] Isn't it a different issue?
[01:35:39.720 --> 01:35:41.720] The rulings were on something else
[01:35:41.720 --> 01:35:46.720] They weren't rulings on whether or not the lawyer lied
[01:35:46.720 --> 01:35:50.720] No, they weren't
[01:35:50.720 --> 01:35:52.720] So that's not a take
[01:35:52.720 --> 01:35:54.720] You take up the courts
[01:35:54.720 --> 01:35:59.720] Okay and the court of appeals upheld this?
[01:35:59.720 --> 01:36:00.720] Well
[01:36:00.720 --> 01:36:05.720] You might file a federal due process
[01:36:05.720 --> 01:36:09.720] Complaint against California
[01:36:09.720 --> 01:36:11.720] A federal due process
[01:36:11.720 --> 01:36:12.720] Okay
[01:36:12.720 --> 01:36:19.720] That's devious
[01:36:19.720 --> 01:36:23.720] But Randy, California is not going to like that
[01:36:23.720 --> 01:36:24.720] Well
[01:36:24.720 --> 01:36:26.720] That might be a way to get them
[01:36:26.720 --> 01:36:29.720] I mean this is pretty outrageous
[01:36:29.720 --> 01:36:34.720] For a state to say that lawyers can come in and lie like dogs
[01:36:34.720 --> 01:36:35.720] And get away with it
[01:36:35.720 --> 01:36:38.720] That denies you an affair of trial
[01:36:38.720 --> 01:36:43.720] That should be in violation of the federal constitution
[01:36:43.720 --> 01:36:47.720] Well it's also collaterally stopped under rule 623 from
[01:36:47.720 --> 01:36:51.720] You know going against something they said
[01:36:51.720 --> 01:36:52.720] You got this
[01:36:52.720 --> 01:36:58.720] What we're saying here is the state is conspiring to deny you
[01:36:58.720 --> 01:37:01.720] Procedural due process
[01:37:01.720 --> 01:37:04.720] And deny you an affair of trial
[01:37:04.720 --> 01:37:07.720] By authorizing lawyers to lie before the court
[01:37:07.720 --> 01:37:08.720] That's outrageous
[01:37:08.720 --> 01:37:09.720] Oh I love that
[01:37:09.720 --> 01:37:11.720] Yeah it is
[01:37:11.720 --> 01:37:12.720] I like that
[01:37:12.720 --> 01:37:15.720] I like that a lot
[01:37:15.720 --> 01:37:17.720] Yeah I would like that
[01:37:17.720 --> 01:37:22.720] You might tie it to a couple of those rules
[01:37:22.720 --> 01:37:25.720] The bar rules
[01:37:25.720 --> 01:37:30.720] That California says it's a violation of the rule
[01:37:30.720 --> 01:37:34.720] For a lawyer to bring to lie to a judge
[01:37:34.720 --> 01:37:37.720] There's several of them in there about falsehood
[01:37:37.720 --> 01:37:40.720] And being less than
[01:37:40.720 --> 01:37:45.720] Is that a lawyer shall speak with candor to the court?
[01:37:45.720 --> 01:37:48.720] Sometimes it will say tribunal or
[01:37:48.720 --> 01:37:52.720] Yeah but if he brings falsehood knowingly
[01:37:52.720 --> 01:37:55.720] There's one that talks about speaking to the court that way
[01:37:55.720 --> 01:37:58.720] And there's one that talks about speaking to your client that way
[01:37:58.720 --> 01:38:02.720] There's another one for falsehood that affects someone that's not a client
[01:38:02.720 --> 01:38:04.720] Raise those up and say look
[01:38:04.720 --> 01:38:07.720] This is violations of all these rules in your court
[01:38:07.720 --> 01:38:08.720] In this state over here
[01:38:08.720 --> 01:38:11.720] Court seems to think that's all fine
[01:38:11.720 --> 01:38:17.720] It's rule 4.1 truthfulness to
[01:38:17.720 --> 01:38:18.720] I think that's the rule it is
[01:38:18.720 --> 01:38:19.720] I love this
[01:38:19.720 --> 01:38:20.720] This is a great idea
[01:38:20.720 --> 01:38:21.720] There you go
[01:38:21.720 --> 01:38:23.720] But today I got
[01:38:23.720 --> 01:38:28.720] I filed a motion for reconsideration back in December of last year
[01:38:28.720 --> 01:38:32.720] They're not hearing it till June the 1st because the courts are backlogged
[01:38:32.720 --> 01:38:36.720] So I filed the other day to get a free court reporter
[01:38:36.720 --> 01:38:40.720] Which I'm entitled to have as an indigent party
[01:38:40.720 --> 01:38:43.720] And you have to notify the other side of everything
[01:38:43.720 --> 01:38:47.720] So I had to do it a certain amount of time before
[01:38:47.720 --> 01:38:51.720] So today I get an email from a different attorney
[01:38:51.720 --> 01:38:57.720] Not the one that said they were the counsel for this person
[01:38:57.720 --> 01:38:58.720] This attorney
[01:38:58.720 --> 01:39:03.720] But it says they're opposing my motion for reconsideration
[01:39:03.720 --> 01:39:08.720] And that the judge should just rule how she said she was going to do
[01:39:08.720 --> 01:39:11.720] And they're opposing it on numerous grounds
[01:39:11.720 --> 01:39:15.720] It doesn't meet the standards under code of civil procedure
[01:39:15.720 --> 01:39:19.720] And it doesn't bring in new facts and different things
[01:39:19.720 --> 01:39:22.720] It just goes on about, you know, the same thing
[01:39:22.720 --> 01:39:24.720] So do they
[01:39:24.720 --> 01:39:30.720] I mean this is what 15 days before the hearing
[01:39:30.720 --> 01:39:33.720] They've had since December to oppose this
[01:39:33.720 --> 01:39:36.720] This is their M.O. to do everything at the last minute
[01:39:36.720 --> 01:39:43.720] Is it untimely for them to do this or do they have until the eve of the hearing?
[01:39:43.720 --> 01:39:44.720] I don't know
[01:39:44.720 --> 01:39:49.720] I have to look at the court rules of California
[01:39:49.720 --> 01:39:57.720] They're different in different courts, different levels of court and different states
[01:39:57.720 --> 01:40:04.720] I think in JP courts in Texas you have to have something filed at least the day before the hearing
[01:40:04.720 --> 01:40:06.720] So you've got until the last day
[01:40:06.720 --> 01:40:09.720] So in some cases you can
[01:40:09.720 --> 01:40:13.720] And I'd have to look at the specific rules to figure that one out
[01:40:13.720 --> 01:40:17.720] Is there any way I can respond to this thing?
[01:40:17.720 --> 01:40:20.720] Okay, you get a motion
[01:40:20.720 --> 01:40:22.720] A response to a motion
[01:40:22.720 --> 01:40:26.720] And then a rebuttal to the response and that's all
[01:40:26.720 --> 01:40:35.720] So if this what they filed was a rebuttal to your answer to a motion
[01:40:35.720 --> 01:40:38.720] Then no, you can't rebut the rebuttal
[01:40:38.720 --> 01:40:43.720] No, I filed a motion for reconsideration
[01:40:43.720 --> 01:40:45.720] Oh, okay
[01:40:45.720 --> 01:40:49.720] Yes, you can rebut their answer
[01:40:49.720 --> 01:40:52.720] Okay, I thought I could rebut their answer
[01:40:52.720 --> 01:40:54.720] Yeah, there's only three
[01:40:54.720 --> 01:40:58.720] A motion, an answer, a rebuttal, that's where it stops
[01:40:58.720 --> 01:41:02.720] That keeps us from having back and forth forever
[01:41:02.720 --> 01:41:05.720] It could go on ad nauseum
[01:41:05.720 --> 01:41:08.720] So they kind of cut it off there
[01:41:08.720 --> 01:41:10.720] Is that for federal?
[01:41:10.720 --> 01:41:12.720] That's federal
[01:41:12.720 --> 01:41:19.720] I seem to remember reading something about a reply and a sir reply
[01:41:19.720 --> 01:41:24.720] I suspect most of the states are going to be close to the feds in the general case
[01:41:24.720 --> 01:41:27.720] Yeah, that makes sense, keep it to a minimum
[01:41:27.720 --> 01:41:33.720] These lawyers would just keep going back and forth and charging everybody more and more for it
[01:41:33.720 --> 01:41:37.720] Okay, do you have anything else for us, Tina?
[01:41:37.720 --> 01:41:39.720] No, that's it for now
[01:41:39.720 --> 01:41:43.720] I'll go onto the listen line and let you get onto other callers
[01:41:43.720 --> 01:41:45.720] Okay, thank you, Ms. Tina
[01:41:45.720 --> 01:41:51.720] Okay, now we're going to go to, this looks like a first time caller
[01:41:51.720 --> 01:41:59.720] If you are in the 610 area code, give us a first name and a state
[01:41:59.720 --> 01:42:03.720] I fooled you, I'm actually Nancy from Pennsylvania
[01:42:03.720 --> 01:42:08.720] I'm using my landline instead of my cell phone this time
[01:42:08.720 --> 01:42:11.720] Okay, and what was your first name again?
[01:42:11.720 --> 01:42:15.720] Nancy, and I called two weeks ago
[01:42:15.720 --> 01:42:20.720] Yeah, I called two weeks ago and I just wanted to follow up a couple questions, that's all
[01:42:20.720 --> 01:42:21.720] Okay
[01:42:21.720 --> 01:42:29.720] So two weeks ago, well do you want to go to someone else who's new since I'm not new?
[01:42:29.720 --> 01:42:31.720] No, no, no, go ahead
[01:42:31.720 --> 01:42:32.720] Okay
[01:42:32.720 --> 01:42:37.720] I took you in line, you were actually the next in line anyway
[01:42:37.720 --> 01:42:40.720] Oh, okay, well I'll be quick
[01:42:40.720 --> 01:42:53.720] So, you know, you had guided me to, when the DA doesn't act to, in Pennsylvania you can appeal to the court of police
[01:42:53.720 --> 01:42:57.720] When the DA elects not to prosecute
[01:42:57.720 --> 01:43:01.720] Yes, on a criminal complaint, yeah
[01:43:01.720 --> 01:43:10.720] And I called that court and they said it would cost me $26 to send in an appeal
[01:43:10.720 --> 01:43:16.720] She said we don't, it took her a while to, you know, I called to see what the directions were and the fee
[01:43:16.720 --> 01:43:20.720] And if there was one and I was on hold for quite a while
[01:43:20.720 --> 01:43:26.720] And she finally came back on and said, well we don't get this very often, so it's going to cost you $26
[01:43:26.720 --> 01:43:34.720] And I'm like thinking to myself, why should I pay, you know, for something that the system should be doing
[01:43:34.720 --> 01:43:44.720] So I found something new that I wanted to tell you on the other side after this break
[01:43:44.720 --> 01:43:51.720] Okay, I was just going to let you run off the clip that way I don't get in trouble for me running off the clip
[01:43:51.720 --> 01:43:54.720] I get in trouble anyway
[01:43:54.720 --> 01:43:59.720] Okay, we'll be right back
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[01:46:21.720 --> 01:46:49.720] Okay, we are back
[01:46:49.720 --> 01:46:58.720] Randy Kelton, we're at Rule of Law Radio, and we're talking to Nancy in Pennsylvania
[01:46:58.720 --> 01:47:03.720] Okay, Nancy, you're on
[01:47:03.720 --> 01:47:09.720] Okay, so I looked up Pennsylvania, I found something
[01:47:09.720 --> 01:47:18.720] Pennsylvania Statute Title 71 says that the attorney general shall have the power to prosecute in any county criminal court
[01:47:18.720 --> 01:47:24.720] the following cases. One is criminal charges against state officials or employees
[01:47:24.720 --> 01:47:29.720] affecting the performance of their public duties or the maintenance of the public trust
[01:47:29.720 --> 01:47:38.720] and criminal charges against persons attempting to influence such state officials or employees or benefit from such influence
[01:47:38.720 --> 01:47:49.720] So this situation involves a school superintendent, board president, who tried to have me arrested for trespassing, for not wearing a mask
[01:47:49.720 --> 01:47:55.720] at a school board meeting, and so I sent that criminal complaint to the DA, the DA rejected it
[01:47:55.720 --> 01:48:03.720] and if I send an appeal to the Court of Common Pleas, I'll have to pay $26
[01:48:03.720 --> 01:48:10.720] and I thought, well, isn't this Title 71, am I interpreting it correctly
[01:48:10.720 --> 01:48:17.720] so that I can just forget the Court of Common Pleas for now and go directly to the AG
[01:48:17.720 --> 01:48:21.720] That's certainly what it sounded like to me
[01:48:21.720 --> 01:48:36.720] because, yeah, and then of course I'm going to complain about the DA to the AG and send a criminal complaint to him
[01:48:36.720 --> 01:48:46.720] Okay, so then Pennsylvania in some cases is like other states, and you don't necessarily have to go to the Court of Common Pleas
[01:48:46.720 --> 01:48:51.720] I guess, I don't know, maybe some new information
[01:48:51.720 --> 01:49:02.720] You don't have to go to the Court of Common Pleas unless you want to appeal the prosecutor's election not to prosecute
[01:49:02.720 --> 01:49:08.720] Yeah, that's my problem, she denied it, so I'm trying to take the next step
[01:49:08.720 --> 01:49:15.720] and it just didn't seem right that I would have to pay $26
[01:49:15.720 --> 01:49:26.720] There's a lot of things that probably don't seem right, but is it enough of a burden that you would give up your claims?
[01:49:26.720 --> 01:49:31.720] Okay, yeah, that's a decision you have to make, I guess
[01:49:31.720 --> 01:49:41.720] but if I'm reading this Title 71 correctly, then I'm thinking I'll wait until the AG doesn't do its job
[01:49:41.720 --> 01:49:44.720] and then go to the Court of Common Pleas
[01:49:44.720 --> 01:49:50.720] and go to the Court of Common Pleas against the Attorney General
[01:49:50.720 --> 01:49:55.720] Yes, and the DA as well, just put it lumped it all together
[01:49:55.720 --> 01:50:03.720] and I don't know, I might have heard, I think I heard Alphonse say on an interview once that the president of the Court of Common Pleas,
[01:50:03.720 --> 01:50:09.720] the president judge, has access to the grand jury foreman
[01:50:09.720 --> 01:50:17.720] so then I thought okay, I'll just put everything together, tell the president judge please forward this to the grand jury foreman
[01:50:17.720 --> 01:50:22.720] and yeah, so I thought of that as a strategy
[01:50:22.720 --> 01:50:24.720] Good, that's a great idea
[01:50:24.720 --> 01:50:25.720] Okay
[01:50:25.720 --> 01:50:32.720] It's a hot potato and you're asking the judge to take it out of his hands and give it to a grand jury
[01:50:32.720 --> 01:50:36.720] Yeah, okay, that's what I'm going to do
[01:50:36.720 --> 01:50:46.720] I'm going to send to the Attorney General what the DA didn't do, complain about it, put it in a criminal complaint form
[01:50:46.720 --> 01:50:54.720] and I'll also be including the fact that another lawyer in my property tax case got involved
[01:50:54.720 --> 01:50:59.720] and tried to moot to my appeal to the open records
[01:50:59.720 --> 01:51:10.720] and so I've got a compilation of criminal complaints and bar grievances and I did some today on May the 13th
[01:51:10.720 --> 01:51:19.720] so I'm just going to put it all together and you know, we'll see what happens
[01:51:19.720 --> 01:51:31.720] Let me make a comment about when you file against the DA with the Attorney General
[01:51:31.720 --> 01:51:44.720] What you argue is, is that the DA has the right to make a determination of probable cause
[01:51:44.720 --> 01:51:52.720] What he doesn't have a right to do is decide who he wants to prosecute and who he does not want to prosecute
[01:51:52.720 --> 01:52:01.720] and you maintain that he abused that authority when there was sufficient evidence to believe that a crime had been committed
[01:52:01.720 --> 01:52:08.720] he simply decided who he wanted to prosecute and who he did not and that is not an authority that he has
[01:52:08.720 --> 01:52:10.720] Does that make sense?
[01:52:10.720 --> 01:52:17.720] Yes, and so that's a violation of professional conduct
[01:52:17.720 --> 01:52:24.720] Let's actually, I would call that shielding from prosecution or obstruction of justice
[01:52:24.720 --> 01:52:28.720] Yep, okay
[01:52:28.720 --> 01:52:36.720] I don't know if you have a shielding from prosecution, not all states do, but you'll have an obstruction of justice
[01:52:36.720 --> 01:52:43.720] Yeah, I think I found it today when I was researching
[01:52:43.720 --> 01:52:52.720] I know I found it, I have to look it up, but I saw something like that
[01:52:52.720 --> 01:52:58.720] That gives you a legitimate criminal complaint to make against the DA
[01:52:58.720 --> 01:53:03.720] They probably haven't heard that argument before
[01:53:03.720 --> 01:53:05.720] The obstruction of justice?
[01:53:05.720 --> 01:53:14.720] Yes, that the DA does not have the right to decide who he wants to prosecute and who he does not
[01:53:14.720 --> 01:53:19.720] He only has the right to make a determination of probable cause
[01:53:19.720 --> 01:53:21.720] Okay
[01:53:21.720 --> 01:53:28.720] Yeah, is it a crime or is it not a crime, what was alleged, not who's being accused
[01:53:28.720 --> 01:53:34.720] Oh, that's somebody I don't really want to prosecute, I'm not going to
[01:53:34.720 --> 01:53:39.720] Yeah, and do you think I have to kind of outline what trespass is?
[01:53:39.720 --> 01:53:50.720] You can't, it has to be an intent, you can't criminalize public property
[01:53:50.720 --> 01:53:59.720] You know, because they might be negligent about what trespass really is, so I'll include that in there too
[01:53:59.720 --> 01:54:01.720] Yeah
[01:54:01.720 --> 01:54:05.720] Okay, and then, oh, one last question
[01:54:05.720 --> 01:54:12.720] When I informed other members of a law firm that some of their coworkers had violated some rules
[01:54:12.720 --> 01:54:20.720] and I don't hear anything back, do I then bargrieve each of those three lawyers that I notified
[01:54:20.720 --> 01:54:25.720] or do I just put it all together as bargrieve the whole entire law firm?
[01:54:25.720 --> 01:54:29.720] Bargrieve each one of them individually
[01:54:29.720 --> 01:54:30.720] Okay
[01:54:30.720 --> 01:54:36.720] You can't actually bargrieve the law firm because the law firm doesn't have a bar card
[01:54:36.720 --> 01:54:37.720] Okay
[01:54:37.720 --> 01:54:43.720] It's a fictional entity, you can only bargrieve the lawyers in the firm
[01:54:43.720 --> 01:54:48.720] Okay, got it, all right, well thank you very much
[01:54:48.720 --> 01:54:51.720] Have fun
[01:54:51.720 --> 01:54:53.720] I am
[01:54:53.720 --> 01:54:57.720] If you're not having fun, you're not doing it right
[01:54:57.720 --> 01:55:04.720] Yeah, it's a lot of work looking everything up at first, but then getting all your paperwork right
[01:55:04.720 --> 01:55:10.720] but then I start to enjoy it as I'm doing it because it's just a good feeling to know that
[01:55:10.720 --> 01:55:18.720] This is what I tell everybody, the only fight to have is the one you picked
[01:55:18.720 --> 01:55:20.720] Yeah, really
[01:55:20.720 --> 01:55:25.720] The one picked in the fight is a whole different animal
[01:55:25.720 --> 01:55:29.720] Okay, good luck Nancy and keep us posted on how this goes
[01:55:29.720 --> 01:55:31.720] Okay, good night
[01:55:31.720 --> 01:55:38.720] Okay, now we're going to Chris in Colorado, hello Chris, what do you have for us today?
[01:55:38.720 --> 01:55:48.720] Hey Randy, hopefully this is just a quick one, I brought an ex-landlord figure into court for a deposit
[01:55:48.720 --> 01:55:59.720] The judge gave me the judgment plus some interest and plus some filing fees and service fees, things like that
[01:55:59.720 --> 01:56:05.720] Okay, now I was told after that that I get interest for as long as this guy takes to pay
[01:56:05.720 --> 01:56:09.720] which is now almost two years, he's not going to pay easily
[01:56:09.720 --> 01:56:14.720] but I never asked originally for interest on the original deposit when I got to court
[01:56:14.720 --> 01:56:20.720] which is three years later that we finally got to court, how do I motion a small claims court?
[01:56:20.720 --> 01:56:25.720] Do I motion them for reconsideration? Do I just make a motion to include?
[01:56:25.720 --> 01:56:34.720] If you did not ask for it in your pleadings and you got a ruling on your pleadings
[01:56:34.720 --> 01:56:42.720] if you try to go back and ask for interest on these amounts, that's going to come up double jeopardy
[01:56:42.720 --> 01:56:48.720] You had to ask for everything in the first suit
[01:56:48.720 --> 01:56:53.720] unless it's something you didn't know about or couldn't reasonably have known about
[01:56:53.720 --> 01:56:59.720] and discover later then you can bring it in, but otherwise if you didn't ask for it to start with
[01:56:59.720 --> 01:57:02.720] then you kind of missed that one
[01:57:02.720 --> 01:57:08.720] Okay, well I didn't know, I was a moron back then legally
[01:57:08.720 --> 01:57:12.720] that's a nice qualifier
[01:57:12.720 --> 01:57:18.720] You're among a small percentage who will actually get up and fight for yourself
[01:57:18.720 --> 01:57:24.720] and it takes a couple of these before you kind of get your sea legs under you
[01:57:24.720 --> 01:57:30.720] Yeah, well I just wanted to rub this guy, I mean it's unreal
[01:57:30.720 --> 01:57:36.720] I'm pretty amazed by people on a daily basis at this point, just what will come out of them
[01:57:36.720 --> 01:57:40.720] and he was not within the right, blah blah blah
[01:57:40.720 --> 01:57:44.720] that's why she gave him a judgment without question, it was pretty darn easy
[01:57:44.720 --> 01:57:47.720] but I went back and I'm thinking, man that was like, it's only 600 bucks
[01:57:47.720 --> 01:57:51.720] but we're well over a thousand on interest, you know
[01:57:51.720 --> 01:58:01.720] Go back to the judge and ask the judge to issue an order allowing you to seize enough property to cover the debt
[01:58:01.720 --> 01:58:07.720] We had a guy in Fort Worth a number of years ago
[01:58:07.720 --> 01:58:14.720] take the sheriff with him down to the IRS and they were carrying furniture out of the IRS office
[01:58:14.720 --> 01:58:23.720] when one of the people came out and gave him a $6,000 check for the judgment he had against him
[01:58:23.720 --> 01:58:28.720] Yeah, if I could find this guy's property I would do that all day long, but he's a little hard to hunt down
[01:58:28.720 --> 01:58:31.720] I'm going to get to it, I was just curious about that
[01:58:31.720 --> 01:58:36.720] And then how do you determine interest? I haven't been able to get a straight answer even from the court
[01:58:36.720 --> 01:58:43.720] They just said interest, I'm sure if you talk to the clerks or look at some cases
[01:58:43.720 --> 01:58:48.720] there may be a formula that the court uses for interest
[01:58:48.720 --> 01:58:50.720] Every time I look at it
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