ROL_2022-10-14_16k_Hr3-4.timecode
[00:00.000 --> 00:06.280] The Bill of Rights contains the first ten amendments of our Constitution that guarantee
[00:06.280 --> 00:09.480] the specific freedoms Americans should know and protect.
[00:09.480 --> 00:10.920] Our liberty depends on it.
[00:10.920 --> 00:14.880] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[00:14.880 --> 00:16.980] your First Amendment rights.
[00:16.980 --> 00:18.560] Privacy is under attack.
[00:18.560 --> 00:22.160] When you give up data about yourself, you'll never get it back again.
[00:22.160 --> 00:26.960] And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[00:26.960 --> 00:32.040] So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.040 --> 00:33.040] Privacy.
[00:33.040 --> 00:34.720] It's worth hanging on to.
[00:34.720 --> 00:39.000] This public service announcement is brought to you by Startpage.com, the private search
[00:39.000 --> 00:42.540] engine alternative to Google, Yahoo, and Bing.
[00:42.540 --> 00:44.760] Start over with Startpage.
[00:44.760 --> 00:46.600] Spar.
[00:46.600 --> 00:47.840] It's what fighters do.
[00:47.840 --> 00:50.800] It's also how I remember the five guarantees of the First Amendment.
[00:50.800 --> 00:54.520] If you plan to take away my rights, I'm going to spar with you.
[00:54.520 --> 01:01.600] Spar with an extra P. S for speech, P for press, another P for petition, A for assembly,
[01:01.600 --> 01:03.120] and R for religion.
[01:03.120 --> 01:07.040] Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:07.040 --> 01:08.560] assembly, and religion.
[01:08.560 --> 01:10.520] But petition for redress is another matter.
[01:10.520 --> 01:14.600] We have the right to petition the government for a redress of grievances.
[01:14.600 --> 01:18.120] It means that if we're unhappy with what's going on in our government, we can spell out
[01:18.120 --> 01:20.840] the reasons without fear of being thrown into jail.
[01:20.840 --> 01:22.760] I'm Dr. Catherine Albrecht.
[01:22.760 --> 01:31.120] More news and information at CatherineAlbrecht.com.
[01:31.120 --> 01:34.760] The Bill of Rights contains the first 10 amendments of our Constitution.
[01:34.760 --> 01:38.220] They guarantee the specific freedoms Americans should know and protect.
[01:38.220 --> 01:39.640] Our liberty depends on it.
[01:39.640 --> 01:43.600] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:43.600 --> 01:46.720] one of your constitutional rights.
[01:46.720 --> 01:48.320] Privacy is under attack.
[01:48.320 --> 01:51.920] When you give up data about yourself, you'll never get it back again.
[01:51.920 --> 01:56.680] And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:56.680 --> 02:01.720] So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.720 --> 02:04.440] Privacy, it's worth hanging onto.
[02:04.440 --> 02:08.720] This public service announcement is brought to you by StartPage.com, the private search
[02:08.720 --> 02:12.240] engine alternative to Google, Yahoo, and Bing.
[02:12.240 --> 02:15.840] Start over with StartPage.
[02:15.840 --> 02:20.200] When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill
[02:20.200 --> 02:22.280] of Rights in a big old bear hug.
[02:22.280 --> 02:26.800] It's how I remember that the Second Amendment guarantees us the right to bear arms, arms
[02:26.800 --> 02:30.560] that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.560 --> 02:31.560] Get it?
[02:31.560 --> 02:33.920] Two arms, bear hug, bear arms?
[02:33.920 --> 02:37.520] The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.520 --> 02:43.280] when he said, the right of the citizens to bear arms is just one guarantee against arbitrary
[02:43.280 --> 02:47.400] government, one more safeguard against the tyranny, which now appears remote in America,
[02:47.400 --> 02:50.440] but which historically has proved to always be possible.
[02:50.440 --> 02:52.440] I'm Dr. Catherine Albrecht.
[02:52.440 --> 03:18.600] More news and information at CatherineAlbrecht.com.
[03:18.600 --> 03:44.320] Okay, howdy, howdy, Randy Kelton, Brett Fountain, Blue of Law Radio on this, the 14th day of
[03:44.320 --> 03:51.000] October, 2022, and we're talking to Tran in California.
[03:51.000 --> 03:58.640] Okay, Tran, before you do anything, I was concerned when you first started talking that
[03:58.640 --> 04:04.080] you had talked to some of these patriot mythology morons.
[04:04.080 --> 04:12.000] And if Brett and I sound like we're really down on those guys, it's because we are.
[04:12.000 --> 04:17.560] We've got guys out there that perhaps they think they're right and they think they're
[04:17.560 --> 04:22.800] helping people, but they're telling people to do stuff that gets them put in jail and
[04:22.800 --> 04:23.800] costs them fortune.
[04:23.800 --> 04:24.800] That's unacceptable.
[04:24.800 --> 04:28.920] Yeah, it's just wrong.
[04:28.920 --> 04:38.000] So I try not to be confrontational, but these guys have been such a problem over the years.
[04:38.000 --> 04:47.880] I have never had anyone be able to demonstrate that they achieved remedy using these patriot
[04:47.880 --> 04:51.440] mythology techniques.
[04:51.440 --> 04:52.920] And I've been doing this a long time.
[04:52.920 --> 04:59.320] There's a lot of theories, and there might be a thread of truth through some of them.
[04:59.320 --> 05:05.440] And that's the worst part, there's a little bit of truth surrounded with a bunch of garbage.
[05:05.440 --> 05:13.600] And we have a rule, never make a proactive statement of law out of your own mouth.
[05:13.600 --> 05:17.120] You know, we get these guys saying, oh, you can do this and you can do that.
[05:17.120 --> 05:20.680] You can do the other, stop, stop, stop.
[05:20.680 --> 05:23.200] Don't tell me I can do this.
[05:23.200 --> 05:29.800] Tell me what law says I can do this.
[05:29.800 --> 05:35.200] If you can't state it in law, then you're just making stuff up.
[05:35.200 --> 05:39.080] When you get to the court, the judge has two duties.
[05:39.080 --> 05:44.880] He must determine the facts in accordance with the rules of evidence, then apply the
[05:44.880 --> 05:49.240] law as it comes to him to the facts in the case.
[05:49.240 --> 05:57.080] So if you're talking to the judge about legal theory, he may actually find that interesting.
[05:57.080 --> 06:00.080] And he may even agree with you.
[06:00.080 --> 06:05.120] But if you don't put facts in law in front of him, he can't rule in your favor.
[06:05.120 --> 06:11.760] I was just in court a few weeks, about two or three weeks ago, and the judge had an answer
[06:11.760 --> 06:16.480] to my lawsuit I'd filed against this judge.
[06:16.480 --> 06:23.240] And I told the judge that this answer has not been verified.
[06:23.240 --> 06:28.640] And the rules require that this particular document be verified, you know, before, signed
[06:28.640 --> 06:30.240] before notary.
[06:30.240 --> 06:31.240] And it wasn't.
[06:31.240 --> 06:39.560] So while it rests in the record and it's sitting before you, you cannot see it because it's
[06:39.560 --> 06:43.440] not filed properly.
[06:43.440 --> 06:48.840] Everything has to be put in front of the court, and it has to be put in front of the court
[06:48.840 --> 06:52.640] in accordance with the rules of evidence.
[06:52.640 --> 06:56.680] If you don't know those rules, you don't have a chance.
[06:56.680 --> 07:03.320] So if you're really interested in getting good at this, we do have what is relatively
[07:03.320 --> 07:05.880] a shortcut.
[07:05.880 --> 07:09.440] And the shortcut is just pull the code out and read it.
[07:09.440 --> 07:13.600] If you're doing this in transportation, read the transportation code.
[07:13.600 --> 07:20.040] And then get the California Code of Criminal Procedure and Penal Code and read those two
[07:20.040 --> 07:23.200] twice.
[07:23.200 --> 07:25.480] First time, just read it through quickly.
[07:25.480 --> 07:31.480] The second time, we'll read relatively quickly because you've already read it once.
[07:31.480 --> 07:36.120] But the second time you read it, you'll start putting these pieces together.
[07:36.120 --> 07:42.080] And you'll notice, Tram, that when Randy said such and such to the judge about the rules,
[07:42.080 --> 07:44.720] the judge may or may not have known that.
[07:44.720 --> 07:51.720] You can't expect the judge to just do it a certain way just because that's right.
[07:51.720 --> 07:57.960] Randy had to call him on that and say, you can't see that.
[07:57.960 --> 07:58.960] Randy had to know the code.
[07:58.960 --> 08:09.000] He had to be able to pull out some detail and tell the judge he needs to toe the line.
[08:09.000 --> 08:16.920] And I can tell you from experience, when you start taking him on, it is so much fun.
[08:16.920 --> 08:26.760] And you will be surprised and mortified at how incompetent these lawyers and judges are.
[08:26.760 --> 08:33.920] You'll be surprised, on the one hand, at how easy it is to get them to do something wrong.
[08:33.920 --> 08:40.440] And you'll be mortified by the fact that they do this to everybody.
[08:40.440 --> 08:44.840] And most people have no clue they're being screwed over.
[08:44.840 --> 08:50.080] So we need guys like you out there who are willing to stand up to them.
[08:50.080 --> 08:55.800] And Tram, you have not lived until you've stood in the courtroom and asked the bailiff
[08:55.800 --> 08:59.360] to arrest the judge.
[08:59.360 --> 09:03.880] That is so much fun.
[09:03.880 --> 09:09.240] In the last hearing I was in, I asked the bailiff to arrest the judge twice.
[09:09.240 --> 09:16.040] And the judge sat there and kept his mouth shut because he knew he had trouble coming.
[09:16.040 --> 09:20.440] So Tram, what do you think?
[09:20.440 --> 09:26.560] Yes, I've signed up for the Juris Dictionary course and been leading up on the law.
[09:26.560 --> 09:32.960] So I can understand more about this lawful process that we haven't been taught in school.
[09:32.960 --> 09:38.680] And I was like, I'm amazed as to like the criminality that's going on.
[09:38.680 --> 09:47.120] I'll tell you for certain, if you go through Juris Dictionary and read up on the codes,
[09:47.120 --> 09:51.600] you and I will have a whole different conversation.
[09:51.600 --> 10:06.840] Okay, so read them and then if you have any questions, call back in or go to ruleoflawradio.com
[10:06.840 --> 10:09.200] and look up my email.
[10:09.200 --> 10:12.240] It's on the Rule of Law Radio.
[10:12.240 --> 10:21.440] Just look it up and email me if you have a question or better yet, email Brett.
[10:21.440 --> 10:26.080] I'm just kidding.
[10:26.080 --> 10:30.480] So go to ruleoflawradio.com and you'll find a link to Juris Dictionary there.
[10:30.480 --> 10:37.640] It's only a couple of hundred bucks, it is absolutely the best legal education you can
[10:37.640 --> 10:38.640] get.
[10:38.640 --> 10:46.440] Lawyers, when they go to law school, they don't learn what's in Juris Dictionary.
[10:46.440 --> 10:49.160] They learn how to argue legal issues.
[10:49.160 --> 10:53.840] When they get out of law school, they don't know how to practice law.
[10:53.840 --> 10:59.600] They don't teach them that, how to file motions in a court, how to get them set for hearing.
[10:59.600 --> 11:05.520] All of these things you have to do to make things happen, lawyers tend to learn that
[11:05.520 --> 11:08.840] after they get out of law school.
[11:08.840 --> 11:12.800] All of it's in Juris Dictionary.
[11:12.800 --> 11:17.320] You will be as competent as the lawyers once you've been through that.
[11:17.320 --> 11:25.320] Yeah, I signed up a couple of months, the last year in January or this January.
[11:25.320 --> 11:32.760] I'm still kind of learning this whole process and it's a lot to comprehend.
[11:32.760 --> 11:35.200] You like it once you have it down.
[11:35.200 --> 11:41.040] When I'm driving down the road and a policeman turns his lights on me, I don't get this empty
[11:41.040 --> 11:45.040] feeling in the pit of my stomach anymore.
[11:45.040 --> 11:50.720] I tend to look up at the rear view mirror and think, Bubba, I'm about to give you a
[11:50.720 --> 11:55.880] romp through the legal system, you are not going to believe.
[11:55.880 --> 11:59.040] You have no idea.
[11:59.040 --> 12:05.000] It is a lot more fun moving around in this environment, knowing that we know how to handle
[12:05.000 --> 12:12.760] ourselves against the biggest enemy we have, and that's our own government.
[12:12.760 --> 12:21.000] Okay, get those, read them, call us back.
[12:21.000 --> 12:29.400] Okay, so before I go, would I just go to the court and talk to the judge to remove the
[12:29.400 --> 12:30.400] warrant?
[12:30.400 --> 12:31.400] If that works?
[12:31.400 --> 12:32.400] Yes.
[12:32.400 --> 12:36.960] Yeah, you don't always, you know, everything is not a fight.
[12:36.960 --> 12:41.880] With these patriot mythology guys, they want everything to be a fight.
[12:41.880 --> 12:47.160] If you just go to the court and say, I screwed up, I missed that court date, what can I do
[12:47.160 --> 12:48.160] to fix it?
[12:48.160 --> 12:51.040] No, fix it.
[12:51.040 --> 12:53.040] They're not all out to get you.
[12:53.040 --> 12:55.060] They just do what they do.
[12:55.060 --> 12:59.160] Sometimes what they do is right, sometimes it's not, but if you treat them with a little
[12:59.160 --> 13:04.200] dignity and respect, they'll do the same with you.
[13:04.200 --> 13:09.520] Now you don't have to agree with everything, but you don't have to fight.
[13:09.520 --> 13:14.160] You don't have to get them to do stuff they wouldn't ordinarily do because you were so
[13:14.160 --> 13:15.560] nasty to them.
[13:15.560 --> 13:23.940] You know, I asked that the last municipal ticket hearing I was in, I did ask the judge
[13:23.940 --> 13:34.280] to arrest his clerk and the district attorney, and I asked him to disqualify himself, but
[13:34.280 --> 13:40.680] I wasn't rude and I wasn't disrespectful, and the judge just said, no, Mr. Kelton, I'm
[13:40.680 --> 13:41.680] not going to do that.
[13:41.680 --> 13:47.960] You know, I didn't get any argument from the judge because he knew I was just stepping
[13:47.960 --> 13:50.760] on the legal issues.
[13:50.760 --> 13:54.160] I had to ask, he had to refuse.
[13:54.160 --> 13:56.760] Nobody's fighting, nobody's angry.
[13:56.760 --> 14:04.120] It makes this work a lot better, especially when you know your codes.
[14:04.120 --> 14:12.120] So I live in a relatively small town north of Fort Worth, Texas, and I was surprised
[14:12.120 --> 14:22.000] this officer even pulled me over because most of them know better.
[14:22.000 --> 14:24.960] Everybody tells them, leave him alone.
[14:24.960 --> 14:27.480] That's what you want them to think.
[14:27.480 --> 14:32.680] But anyway, read the codes and then call us back.
[14:32.680 --> 14:35.400] Oh, I have one more question.
[14:35.400 --> 14:36.400] Okay.
[14:36.400 --> 14:38.520] Right now I have on private plate.
[14:38.520 --> 14:41.920] Is it safe for me to be traveling in private plate?
[14:41.920 --> 14:45.320] No, it is not.
[14:45.320 --> 14:53.840] I know how to fight these issues, but I have a license plate on my car.
[14:53.840 --> 14:54.840] Not a fight I want to have.
[14:54.840 --> 14:59.240] I pick my battles very carefully.
[14:59.240 --> 15:04.440] Do you have some specific objection to a license plate?
[15:04.440 --> 15:12.880] Because according to the California vehicle code, I'm not in commerce, I'm not commercial.
[15:12.880 --> 15:17.640] Yeah, I get that.
[15:17.640 --> 15:22.120] You can fight that issue, but it's a hard fight.
[15:22.120 --> 15:26.040] It's going to cost you a lot of money.
[15:26.040 --> 15:29.240] You need to be sure you won't have this fight before you get into it.
[15:29.240 --> 15:35.120] It's not enough to take on a fight just because it's wrong.
[15:35.120 --> 15:39.680] I got more wrong stuff than you could ever get to.
[15:39.680 --> 15:44.000] I got more wrong stuff than I can get to.
[15:44.000 --> 15:49.320] When you read the code and look at what they're doing, you won't believe how messed up things
[15:49.320 --> 15:52.680] are.
[15:52.680 --> 16:00.360] They will commit so many crimes, you simply cannot get to all of them.
[16:00.360 --> 16:02.760] Pick your battle very carefully.
[16:02.760 --> 16:05.000] Is this the battle you want to have?
[16:05.000 --> 16:11.200] Is it a battle you have time to fight?
[16:11.200 --> 16:13.920] Make sure you want to have this.
[16:13.920 --> 16:20.520] Getting a license plate, paying a fine.
[16:20.520 --> 16:24.040] It's not giving up.
[16:24.040 --> 16:31.840] Just choose which things you really care about and that will eliminate which other things
[16:31.840 --> 16:36.160] you just will need to say, I don't care about that.
[16:36.160 --> 16:42.400] Because you said yes to one thing, that means you're able to make room for the things that
[16:42.400 --> 16:45.200] you do need to fight.
[16:45.200 --> 16:46.200] You can't fight everything.
[16:46.200 --> 16:53.600] I'm a combat veteran and one thing you learn in combat, pick your fights very carefully.
[16:53.600 --> 17:00.200] Okay, anything else for us?
[17:00.200 --> 17:04.880] Are you being harassed by debt collectors with phone calls, letters or even losses?
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[17:19.240 --> 17:20.240] civil rights statutes.
[17:20.240 --> 17:24.440] What to do when contacted by phones, mail or court summons.
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[17:26.440 --> 17:29.080] How to get debt collectors out of your credit report.
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[17:33.720 --> 17:38.840] The Michael Mears proven method is the solution for how to stop debt collectors.
[17:38.840 --> 17:40.960] Personal consultation is available as well.
[17:40.960 --> 17:46.520] For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[17:46.520 --> 17:49.520] or email michaelmears at yahoo.com.
[17:49.520 --> 17:59.000] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[17:59.000 --> 18:00.000] collectors now.
[18:00.000 --> 18:04.600] Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[18:04.600 --> 18:08.200] In today's America, we live in an us against them society and if we the people are ever
[18:08.200 --> 18:12.120] going to have a free society then we're going to have to stand and defend our own rights.
[18:12.120 --> 18:15.600] Among those rights are the right to travel freely from place to place, the right to act
[18:15.600 --> 18:19.320] in our own private capacity and most importantly the right to due process of law.
[18:19.320 --> 18:23.480] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[18:23.480 --> 18:24.960] our rights through due process.
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[18:28.440 --> 18:32.000] together the most comprehensive teaching tool available that will help you understand what
[18:32.000 --> 18:34.680] due process is and how to hold the courts to the rule of law.
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[18:43.820 --> 18:48.520] Versus the Lie, video and audio of the original 2009 seminar, hundreds of research documents
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[18:50.400 --> 18:54.360] Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[18:54.360 --> 18:58.560] Order your copy today and together we can have the free society we all want and deserve.
[18:58.560 --> 19:12.720] You are listening to the Logos Radio Network, www.logosradionetwork.com.
[19:12.720 --> 19:18.280] Well don't let nothing get to you, only the father can deliver you, so don't let bad
[19:18.280 --> 19:29.440] mind people hurt you, until safe and get behind, you know what I mean, my friend, and all the
[19:29.440 --> 19:30.440] judges.
[19:30.440 --> 19:31.440] Come on.
[19:31.440 --> 19:46.440] Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking about
[19:46.440 --> 19:54.040] Tran in California, okay Tran, do you have anything else for us?
[19:54.040 --> 20:00.160] Yeah, one more, so once I meet with the judge, I would just request for a second hearing
[20:00.160 --> 20:03.960] to fight my ticket or fight my case?
[20:03.960 --> 20:04.960] Yes.
[20:04.960 --> 20:09.560] I see, okay, got it.
[20:09.560 --> 20:15.000] Then you can, we're going to call me, I've got a bunch of motions you can file, you'll
[20:15.000 --> 20:19.320] have to make some adjustments for California law, but that's just to give them something
[20:19.320 --> 20:20.320] to do.
[20:20.320 --> 20:21.320] Okay.
[20:21.320 --> 20:29.400] So go there, make sure there's no warrants for you, you'll get a new court date and then
[20:29.400 --> 20:32.040] you can fight them all you want to.
[20:32.040 --> 20:33.040] Okay.
[20:33.040 --> 20:42.520] Okay, thank you Tran, now we're going to go to Jason in Wisconsin, hello Jason.
[20:42.520 --> 20:49.600] Hey, do you remember my situation I'm dealing with here, or do you need me to go through
[20:49.600 --> 20:50.600] a little bit of it?
[20:50.600 --> 20:59.440] Just give us a brief overview, I remember you, I don't remember the issues.
[20:59.440 --> 21:08.600] Okay, back in June I had a traffic stop where I was issued a ticket for unsafe cutting while
[21:08.600 --> 21:16.000] passing and a warning for speeding, to make a long story short, I had a pre-trial conference
[21:16.000 --> 21:22.680] for that ticket, apparently the district attorney had some issues with me or something, so he
[21:22.680 --> 21:30.800] went to the state trooper and had him reissue the speeding warning as a citation and that's
[21:30.800 --> 21:35.000] about where we were when I talked to you last time.
[21:35.000 --> 21:45.240] Since then I got a continuance on my trial date which was changed to November 1st and
[21:45.240 --> 21:51.280] I also filed an open records request with the district attorney's office about a month
[21:51.280 --> 21:59.440] ago and just yesterday I got a response to that, but it was not the response I was expecting,
[21:59.440 --> 22:08.760] it's labeled as a discovery request and I never filed a discovery request, so I'm wondering
[22:08.760 --> 22:11.600] what I should do with this.
[22:11.600 --> 22:20.800] Well in Texas if you are being prosecuted on an issue, you can't do open records requests
[22:20.800 --> 22:31.800] on that issue because they say that if there is an ongoing case then information is subject
[22:31.800 --> 22:34.760] to discovery and not the open records act.
[22:34.760 --> 22:42.000] They actually say, it says, the text says ongoing investigation, but they love to just
[22:42.000 --> 22:49.360] categorize it as oh yeah we're investigating, sure, yeah, and then you have to get it through
[22:49.360 --> 22:50.360] discovery.
[22:50.360 --> 22:54.640] I want someone else to do the information request.
[22:54.640 --> 22:59.280] So the open records request I did, part of it was for discovery type stuff, but the other
[22:59.280 --> 23:07.240] part of it was for email correspondence and stuff like that that would be general open
[23:07.240 --> 23:13.240] records and under open records statute they have a duty to respond to my request.
[23:13.240 --> 23:21.560] Now I'm telling you, if you're in a criminal prosecution, you lose your right to discovery.
[23:21.560 --> 23:31.760] So get another please, I'm sorry I said discovery, you lose your right to open records so you
[23:31.760 --> 23:33.760] have to do it through discovery.
[23:33.760 --> 23:35.520] Just get somebody else to do it.
[23:35.520 --> 23:43.760] Okay, the thing is, the other interesting thing is with the under the traffic statutes,
[23:43.760 --> 23:48.520] discovery is very limited and they don't even have to give me the stuff that they're saying
[23:48.520 --> 23:50.280] they're going to give me here.
[23:50.280 --> 23:55.200] Okay, yeah, just get somebody else to do it.
[23:55.200 --> 24:02.880] I think in Wisconsin they don't have much time to respond.
[24:02.880 --> 24:03.880] Respond to discovery?
[24:03.880 --> 24:09.440] No, open records.
[24:09.440 --> 24:15.640] In the statute, it doesn't stipulate a time limit, but the attorney general has stated
[24:15.640 --> 24:22.720] in his guidance that 10 days is the standard for uncomplicated requests, I guess.
[24:22.720 --> 24:26.440] That's all I really have to go on for that.
[24:26.440 --> 24:28.840] That's kind of standard.
[24:28.840 --> 24:36.360] I do know the statute says, oh no, I forgot what I was going to say here.
[24:36.360 --> 24:42.360] Well, I'm 73 and I can assure you that is not going to get better.
[24:42.360 --> 24:50.240] Yeah, it's starting to become a problem for me.
[24:50.240 --> 24:56.720] Anyways, I totally lost it.
[24:56.720 --> 25:02.680] So the discovery part, just get a third party to file an information request.
[25:02.680 --> 25:03.680] Oh yeah, yeah.
[25:03.680 --> 25:04.680] Okay, I'm sorry.
[25:04.680 --> 25:11.840] I remember what I was going to say here, the open records statute says that if they're
[25:11.840 --> 25:16.640] going to deny any part of your request, they have to respond in writing with a reason for
[25:16.640 --> 25:22.480] their denial and it looks like you can actually sue them if they don't.
[25:22.480 --> 25:34.320] Well, in Texas, the open records act is not a civil statute, it is a criminal statute.
[25:34.320 --> 25:39.440] So you might want to check, read right down at the bottom of your open records act.
[25:39.440 --> 25:48.080] I actually read through it for like a third time today and it appears to be civil from
[25:48.080 --> 25:52.640] the way I'm reading it that all the penalties are civil.
[25:52.640 --> 25:59.400] Well, there's another way to get at it, it's that you will have an official misconduct
[25:59.400 --> 26:00.400] statute.
[26:00.400 --> 26:04.720] Yes, I was also looking at it.
[26:04.720 --> 26:12.240] So you can say if the prosecutor failed to respond to the open records request within
[26:12.240 --> 26:18.000] the statutory time limit, then he failed to perform a duty he was required to perform
[26:18.000 --> 26:26.000] and in the process denied, either you or whoever filed the request and denied them in the due
[26:26.000 --> 26:30.000] course of the laws and that's a crime in every state.
[26:30.000 --> 26:34.560] Yeah, that's actually another avenue I was thinking about going down with that, I know
[26:34.560 --> 26:38.280] you mentioned it.
[26:38.280 --> 26:45.200] But what I'm thinking is I might be able to file a mandamus with this which would delay
[26:45.200 --> 26:48.880] my trial date is kind of what I'm thinking here.
[26:48.880 --> 26:53.280] I'm trying to figure out a way to delay my trial date here because I've been kind of
[26:53.280 --> 26:57.160] dealing with some health issues and I haven't been able to prepare my case like I would
[26:57.160 --> 27:01.840] have wanted to and so I'm trying to figure out, I'm thinking about filing for another
[27:01.840 --> 27:04.800] continuance or something here.
[27:04.800 --> 27:07.920] Yeah, generally they're pretty easy about that.
[27:07.920 --> 27:19.080] If you file it and give them plenty of time, like tomorrow you would be, actually three
[27:19.080 --> 27:22.960] weeks, there'd be plenty of time for them to reschedule.
[27:22.960 --> 27:26.520] They don't like it the last minute but if you tell them that you're having health issues
[27:26.520 --> 27:32.320] or something else that's limiting your ability to prepare for trial, they're generally pretty
[27:32.320 --> 27:34.680] good about that.
[27:34.680 --> 27:41.960] And if you file one and they deny it, then you can do an interlock, I mean a petition
[27:41.960 --> 27:48.960] for a mandamus or you can file a motion to reconsider, that'll slow it up.
[27:48.960 --> 27:54.120] Your motion, your filing a motion for continuance will take a week or two and when they deny
[27:54.120 --> 27:57.240] it then you file a motion for reconsideration.
[27:57.240 --> 28:05.600] That will probably take you into the trial date before they can respond to it.
[28:05.600 --> 28:13.480] It's generally not hard to get them to give you time to prepare for trial.
[28:13.480 --> 28:20.080] Have you found any motions or pleadings with the court, like a subject matter jurisdiction
[28:20.080 --> 28:24.480] challenge for instance?
[28:24.480 --> 28:29.560] That's another thing I was looking at, like I said I've been dealing with health issues
[28:29.560 --> 28:34.600] and haven't had a chance to do all the stuff I wanted to do with this case yet.
[28:34.600 --> 28:41.720] So yeah that's another thing on my list of things to get to here.
[28:41.720 --> 28:46.800] Yeah the first motion for adjournment I filed, they replied the next day and approved it
[28:46.800 --> 28:52.400] so hopefully it'll go the same with this next one I'm going to file.
[28:52.400 --> 28:59.880] But I have something typed up stating that I'm dealing with health issues and also that
[28:59.880 --> 29:05.680] I'm dealing with delays in obtaining public records which I can use to defend myself.
[29:05.680 --> 29:09.240] I'm wondering if I should leave that part in there, take that out or what do you think
[29:09.240 --> 29:12.120] about that?
[29:12.120 --> 29:19.160] The way to handle that, if you've requested records and the prosecutor has classified
[29:19.160 --> 29:28.240] them as discovery, then you can file a motion to compel discovery.
[29:28.240 --> 29:37.520] That'll slow them down but I would try the continuance first so you don't get them mad
[29:37.520 --> 29:45.880] at you too soon, you'll want to do that eventually but not on the front end.
[29:45.880 --> 29:52.280] Okay hang on, going to our sponsors, Randy Kelton, Brett Fountain, Wheel of Law Radio,
[29:52.280 --> 30:01.200] still got a full board of callers, we'll be right back.
[30:01.200 --> 30:05.600] Everyone knows that walking is a great exercise but you might not know that the way you walk
[30:05.600 --> 30:07.680] could predict how long you're going to live.
[30:07.680 --> 30:12.960] I'm Dr. Catherine Albrecht and I'll be back to tell you more about walking prognostication
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[30:47.960 --> 30:52.520] The Journal of the American Medical Association reports that older adults who walk one meter
[30:52.520 --> 30:55.760] per second or faster live longer than expected.
[30:55.760 --> 31:00.160] In case you're wondering, one meter per second is about two and a quarter miles per hour.
[31:00.160 --> 31:05.080] A senior's age, gender and walking speed were as good at predicting life expectancy as
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[31:10.520 --> 31:13.040] Every walking speed is quick and inexpensive.
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[31:21.040 --> 31:22.920] I'm Dr. Catherine Albrecht.
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[31:56.840 --> 31:57.840] Go to buildingwhat.org.
[31:57.840 --> 32:01.600] Why it fell, why it matters, and what you can do.
[32:01.600 --> 32:05.720] Are you looking to have a closer relationship with God and a better understanding of His
[32:05.720 --> 32:06.720] Word?
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[32:11.600 --> 32:16.880] for Scripture Talk, where Nana and her guests discuss the Scriptures in accord with 2 Timothy
[32:16.880 --> 32:17.880] 2.15.
[32:17.880 --> 32:22.880] Study to show thyself approved unto God, a workman that needeth not to be ashamed,
[32:22.880 --> 32:25.440] rightly dividing the word of truth.
[32:25.440 --> 32:29.400] Starting in January, our first hour studies are in the Book of Mark, where we'll go verse
[32:29.400 --> 32:32.720] by verse and discuss the true Gospel message.
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[32:37.400 --> 32:39.760] and Christian character development.
[32:39.760 --> 32:44.280] We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:44.280 --> 32:48.640] Our goal is to strengthen our faith and to transform ourselves more into the likeness
[32:48.640 --> 32:50.640] of our Lord and Savior Jesus.
[32:50.640 --> 32:57.520] So tune in to Scripture Talk live on LogosRadioNetwork.com, Wednesdays from 8 to 10 p.m. to inspire and
[32:57.520 --> 33:02.680] motivate your studies of the Scriptures.
[33:02.680 --> 33:06.000] Free speech radio, LogosRadioNetwork.com.
[33:32.680 --> 33:52.800] I want, oh I want, I won't let you pull the wool over my eyes, I simply must refuse your
[33:52.800 --> 34:03.000] nose, oh so tough in life, it seems you like the face, but please take some words to the
[34:03.000 --> 34:23.200] wise, please stop trying to pull the wool over my eyes.
[34:23.200 --> 34:29.920] Okay we are back with Randy Kelton from Fountain Reef Radio and Tran, can you hang up this
[34:29.920 --> 34:36.560] line and call back, call in on our listen line, because this ties up our caller line,
[34:36.560 --> 34:47.640] we can only hold four on it, so, are you there, yes, I'm going to hang up, okay, yeah drop
[34:47.640 --> 34:56.320] off this one and go to www.roulaloradio.com and click on our listen live, and that won't
[34:56.320 --> 35:00.880] tie up our caller line.
[35:00.880 --> 35:11.280] Okay thank you, okay now we're going back to Jason in Wisconsin, let's see, my page
[35:11.280 --> 35:18.120] is not refreshing, Brett, my page is not refreshing, yeah you taught him, okay, there it is, okay
[35:18.120 --> 35:31.400] Jason we're back, all right can you hear me, I can hear you, all right, so I got two other
[35:31.400 --> 35:37.520] issues here quick I want to ask you about and then I'll let the next person get on,
[35:37.520 --> 35:43.640] so I want to file through bar agreements against the district attorney here, the first one
[35:43.640 --> 35:53.760] I think I'm going to hit him with is barotreate, you know, because he went and talked to the
[35:53.760 --> 35:58.600] state patrol officer and got him to turn that warning into a citation, so I'm going to get
[35:58.600 --> 36:07.880] him with barotreate for that, yeah good thinking, he's going to love that, yeah, is it a felony
[36:07.880 --> 36:15.400] there, it's a felony in Texas, is it a felony up there, I don't think it's a felony it looks
[36:15.400 --> 36:25.000] like it's punishable by a $500 fine up to six months in jail, that'll work, but like
[36:25.000 --> 36:31.480] Randy was saying the official misconduct one I was reading that's the first class felony
[36:31.480 --> 36:37.400] and I think I can get him in at least two parts of that, I got a list of a few things
[36:37.400 --> 36:42.040] I can get him with, but what I'm wondering is should I space him out and like how far
[36:42.040 --> 36:50.720] should I space him out when I file him, criminal complaints are different than bar grievances,
[36:50.720 --> 36:57.680] you don't have to space these out, yeah, each one don't add don't put more than one on one
[36:57.680 --> 37:04.080] complaint, yeah it's nice to be able to land a stack on the desk, so you're saying I should
[37:04.080 --> 37:08.200] do them as actual criminal complaints, I was thinking about doing them as bar grievances,
[37:08.200 --> 37:18.080] but yeah, these are crimes, yeah, but you're right you might be able to take the same fact
[37:18.080 --> 37:26.960] set and map that to something that's a criminal offense and turn around and do the same thing
[37:26.960 --> 37:33.640] map it to which rule did they violate, looking at your Wisconsin state bar and you'll find
[37:33.640 --> 37:46.640] the same fact set will trigger some rule violation as well as a crime, so yeah do both, you can
[37:46.640 --> 37:57.080] cite the fact to the bar that you have filed criminal charges in the matter, so I was reading
[37:57.080 --> 38:01.680] up on how you file a criminal complaint and it looks like you can either file it with
[38:01.680 --> 38:06.760] the district attorney or a judge, so obviously I can't file with the district attorney, so
[38:06.760 --> 38:12.720] I guess I'm going to have to find a judge to file it with, oh wait a minute, yeah you
[38:12.720 --> 38:24.440] can file it with the district attorney, that creates a conundrum, does the district attorney
[38:24.440 --> 38:32.160] refuse to prosecute a case because it's against himself, I got Travis county district attorney
[38:32.160 --> 38:41.240] on exactly that, it looks, but now once he refuses to act on it, they're going to say
[38:41.240 --> 38:48.080] you need to take this to DA, I did that once in Denton county to bushwhack the judge, when
[38:48.080 --> 38:54.200] I do this I generally like to bushwhack the judge, you want to find the judge when he's
[38:54.200 --> 39:01.640] doing motion hearings, I say motion hearings only take 30 seconds or so and there are lots
[39:01.640 --> 39:08.440] of breaks, so I went into judge Shipman's court and he's the most hated judge in the
[39:08.440 --> 39:13.840] district and went up to the bailiff and told the bailiff to instruct the judge that I have
[39:13.840 --> 39:18.600] business with the court and they always say may I tell him the nature of the business,
[39:18.600 --> 39:22.440] no you may not, I have business with the court and it's none of yours and you want to be
[39:22.440 --> 39:29.760] holding a red folder, the judge looked up, bailiff went up to the judge and whispered
[39:29.760 --> 39:34.440] to him, he looked out and he saw me with this red folder and he couldn't help himself, he
[39:34.440 --> 39:41.080] had to know what's in it, he called me up, he called on me and I went up to the bar,
[39:41.080 --> 39:46.080] I didn't cross it, he said Mr. Kelton I understand you have business with the court and I held
[39:46.080 --> 39:51.840] up this red folder and said yes your honor may I approach, may I approach means can I
[39:51.840 --> 39:58.160] give you this document, he sent the bailiff over to get it, he opened the folder and he
[39:58.160 --> 40:04.080] was looking at criminal complaints against the district clerk for secreting criminal
[40:04.080 --> 40:10.760] complaints against the district attorney from the grand jury and he said well Mr. Kelton
[40:10.760 --> 40:15.840] these are criminal complaints, yes your honor they are, well normally I would give these
[40:15.840 --> 40:21.760] to the district attorney but since he's implicated I can't do that, I said yes your honor if
[40:21.760 --> 40:27.040] you gave those to the district attorney I'd consider that a criminal act, so you would
[40:27.040 --> 40:32.800] Mr. Kelton, yes I would, well Mr. Kelton what do you suggest I do with them, I said well
[40:32.800 --> 40:39.920] judge you're a high level judge and a learned counsel, I figured you'd come up with something
[40:39.920 --> 40:44.280] real interesting to do with them, well Mr. Kelton I'll just give them to the foreman
[40:44.280 --> 40:49.480] of the grand jury, thank you very much your honor I appreciate that, he was pretty PO'd
[40:49.480 --> 40:54.520] by this time and he said I was in a work shirt with some holes in it where I'd been welding
[40:54.520 --> 41:00.200] and burnt holes in them, he said Mr. Kelton don't you own a suit, yes your honor at last
[41:00.200 --> 41:05.200] count I own 35, well why aren't you wearing one in my courtroom, well judge I'm here on
[41:05.200 --> 41:10.920] a scruple and only got one, I didn't want to be confused with all these suits, they
[41:10.920 --> 41:18.040] got lots of scruples judge and all of them for sale or rent, you could hear the lawyers
[41:18.040 --> 41:24.160] back there snickering, the judge kind of ducked his head and put his hand on his head and
[41:24.160 --> 41:30.320] he said well I walked right into that one, I said yes your honor and I want to thank
[41:30.320 --> 41:34.560] you for that, oh you do Mr. Kelton, I said yes your honor I do, I have been waiting a
[41:34.560 --> 41:44.320] long time to deliver that line, yeah I bet you have, you get to do that, when you walk
[41:44.320 --> 41:49.640] into that courtroom you are the baddest motor scooter in the building, you don't have to
[41:49.640 --> 41:58.880] bow and scrape to that judge like lawyers do, he's a public servant, you are the master,
[41:58.880 --> 42:06.160] you call him to task he's on the dime and we should never ever forget that, what do
[42:06.160 --> 42:12.800] you think Jason are you willing to ask the bailiff to arrest the judge?
[42:12.800 --> 42:23.080] I haven't got that far yet but yeah, oh that is so much fun, would you ask the bailiff
[42:23.080 --> 42:28.040] to arrest the judge, the last time I did it was the last hearing I was at, that's the
[42:28.040 --> 42:37.760] eighth time I've done it and the judge always sits there and keeps his mouth shut, one word
[42:37.760 --> 42:45.720] out of him, witness tampering obstruction, he knows it and he will know that you know
[42:45.720 --> 42:55.760] it, that's when you get their attention, I'm not suggesting you do that but we all need
[42:55.760 --> 43:03.800] to understand we can't, we are not in there like lawyers are dangling by their bar card,
[43:03.800 --> 43:09.440] you don't have to bow and scrape before that judge, once he figures that out he's likely
[43:09.440 --> 43:17.320] to be a lot more careful with you, okay I'll stop telling my stories now.
[43:17.320 --> 43:23.080] So I'm wondering because of my work schedule it's kind of hard to get time to go down to
[43:23.080 --> 43:28.080] the courthouse, is there any way I can file criminal complaints through the mail or anything
[43:28.080 --> 43:29.080] like that?
[43:29.080 --> 43:45.080] Absolutely, read the code, what does the criminal procedure code say about duties of magistrates,
[43:45.080 --> 43:52.520] you send him a verified criminal affidavit, send it a return receipt so you can show he
[43:52.520 --> 43:57.280] got it, then you can hold him responsible if he doesn't do what the code says, hang
[43:57.280 --> 44:00.680] on, we'll be right back.
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[46:20.680 --> 46:38.200] Okay, we are back with Randy Kelton from Rule of Law Radio, we're talking to Jason in Wisconsin.
[46:38.200 --> 46:47.200] Okay Jason, right now, probably a motion for continuance will get you time.
[46:47.200 --> 46:54.760] If they deny the motion for continuance, you immediately file a notice of petition for
[46:54.760 --> 46:57.240] writ of mandamus.
[46:57.240 --> 47:05.320] Or first, Brent, file a motion to continue if they deny it, you can file a motion for
[47:05.320 --> 47:13.600] reconsideration and they'll get that and deny it the next day, so that won't buy you much.
[47:13.600 --> 47:20.440] Yeah, I like your other idea about going to the appellate court and asking them to issue
[47:20.440 --> 47:25.200] mandamus, because that'll take longer.
[47:25.200 --> 47:32.000] If at that point I should do an open records mandamus, I can go after the district attorney
[47:32.000 --> 47:35.320] for not responding to my open records request.
[47:35.320 --> 47:43.880] That's right, you may not be able to get there, because if Wisconsin denies open records when
[47:43.880 --> 47:48.080] you're in a criminal case, like Texas does, that won't be helpful.
[47:48.080 --> 47:54.200] Well, it doesn't deny completely, it says that the district attorney doesn't have to
[47:54.200 --> 48:00.480] give you records that are in a case file, but they do have to give you other public
[48:00.480 --> 48:03.480] records that are in the possession of their office.
[48:03.480 --> 48:08.840] Yeah, and like you said earlier, they are required to give you a response.
[48:08.840 --> 48:12.960] And if they're denying some record that you asked for, they have to give you a timely
[48:12.960 --> 48:16.560] response and detailed enough to say why.
[48:16.560 --> 48:22.880] Now, what does it mean to arbitrarily and capriciously deny a request?
[48:22.880 --> 48:27.120] Because if they do that, apparently I can sue them for punitive damages.
[48:27.120 --> 48:31.960] Whoa, where did you get that?
[48:31.960 --> 48:34.720] It's in the open records statute.
[48:34.720 --> 48:37.200] Oh, wonderful.
[48:37.200 --> 48:41.240] You don't, okay, you can claim it.
[48:41.240 --> 48:43.240] He read it, Randy.
[48:43.240 --> 48:44.240] Do what?
[48:44.240 --> 48:46.240] I said he read it.
[48:46.240 --> 48:51.240] Yeah, the reason I asked is because we use arbitrary and capricious all the time.
[48:51.240 --> 48:55.480] I was surprised you came up with that particular turn of phrase.
[48:55.480 --> 49:10.920] So finally, they send a tort letter to the prosecuting attorney and move to disqualify.
[49:10.920 --> 49:12.880] That's going to get them BO'd.
[49:12.880 --> 49:16.280] First thing is just ask them for a continuance.
[49:16.280 --> 49:20.040] And then if they don't give it to you, then you can really go after them.
[49:20.040 --> 49:29.840] But I'm trying to figure a way to stop the hearing and the best way to do that is a subject
[49:29.840 --> 49:32.240] matter jurisdiction challenge.
[49:32.240 --> 49:39.560] Let them deny it and then you move for a continuance so that you have time to petition for an interlocutory
[49:39.560 --> 49:40.560] appeal.
[49:40.560 --> 49:45.560] How about a motion to compel cooperation with discovery?
[49:45.560 --> 49:50.520] Because he put this in there as a request for records.
[49:50.520 --> 49:56.200] They're interpreting it as a discovery request and they're giving him almost nothing.
[49:56.200 --> 50:04.640] Yeah, the problem with that is it's not a dispositive issue.
[50:04.640 --> 50:09.600] So if they deny it, it's something you can address on appeal.
[50:09.600 --> 50:19.040] A subject matter jurisdiction challenge is dispositive and that would get you interlocutory.
[50:19.040 --> 50:24.680] You can file for a continuance for interlocutory, it can give you time to file an interlocutory
[50:24.680 --> 50:32.880] appeal and just send something to the court of appeals and ask for a restraining order.
[50:32.880 --> 50:41.240] I mean, you don't have to follow through if you don't want to, but you've blocked them.
[50:41.240 --> 50:42.240] Okay.
[50:42.240 --> 50:48.640] It needs to be a dispositive motion, something that would dispose of the case if they were
[50:48.640 --> 50:54.760] ruled in your favor and the thing of a subject matter jurisdiction challenges can be filed
[50:54.760 --> 50:57.760] at any time.
[50:57.760 --> 51:03.800] Yeah, I guess I need to spend some time doing some research to see how I can get them with
[51:03.800 --> 51:07.200] a subject matter jurisdiction challenge here.
[51:07.200 --> 51:12.760] Well, one argument that's pretty safe that they always deny but they have to deal with
[51:12.760 --> 51:17.240] is the fact that you do not fall within the statutory scheme.
[51:17.240 --> 51:24.040] The complaint is insufficient as it does not include a necessary element, which is that
[51:24.040 --> 51:28.320] of commerce.
[51:28.320 --> 51:38.280] Okay, yeah, I guess I could go that route.
[51:38.280 --> 51:43.000] So back to the criminal complaints and the bar grievances and stuff.
[51:43.000 --> 51:49.360] Yeah, I think I was going to go ahead and file the criminal complaint for barotry and
[51:49.360 --> 51:56.400] official misconduct, but I also have some professional conduct violations I can do bar
[51:56.400 --> 52:03.160] grievances for, so would you space those all at all?
[52:03.160 --> 52:05.040] The bar grievances, yes.
[52:05.040 --> 52:10.280] The criminal complaints is not necessary, but it would be good because you give him
[52:10.280 --> 52:13.840] one and then he has to deal with it.
[52:13.840 --> 52:14.840] Then you give him another one.
[52:14.840 --> 52:19.800] If you give him all at once, he can deal with them all at once.
[52:19.800 --> 52:24.560] So maybe you space them all like a couple of weeks each or something?
[52:24.560 --> 52:29.000] Yes, yes.
[52:29.000 --> 52:33.440] I actually have a pretrial conference coming up next week for the speeding ticket where
[52:33.440 --> 52:37.520] I'm going to be speaking with the DA over the phone.
[52:37.520 --> 52:44.160] I'm wondering if I can set them up somehow on that phone call and I don't know, maybe
[52:44.160 --> 52:49.240] by filing a criminal complaint it'll upset him and make him say something he shouldn't
[52:49.240 --> 52:50.240] say.
[52:50.240 --> 52:51.240] Oh, that would be wonderful.
[52:51.240 --> 52:54.880] And I'm definitely going to be recording the phone call.
[52:54.880 --> 52:55.880] Good.
[52:55.880 --> 52:56.880] Yeah.
[52:56.880 --> 53:04.120] Let's see if you can annoy him, get him to act stupid.
[53:04.120 --> 53:10.000] Depends on how professional your prosecutor is.
[53:10.000 --> 53:19.880] I've ran into a few that I couldn't touch, that they were pros, but okay.
[53:19.880 --> 53:25.120] I think this guy is right out of law school from the research I've done on him and looking
[53:25.120 --> 53:27.640] and make a name for himself, it seems like.
[53:27.640 --> 53:33.160] Oh, so Bargryvium, that'll really jerk a knot in his shorts.
[53:33.160 --> 53:34.160] Yeah.
[53:34.160 --> 53:42.200] If he's out of law school and he's working as a prosecutor in a municipal or JP court,
[53:42.200 --> 53:45.640] that means he's not the sharpest knife in the door and he didn't get picked up by a
[53:45.640 --> 53:46.640] law firm.
[53:46.640 --> 53:50.400] So he's down here at the municipality level, grubbing for dollars.
[53:50.400 --> 53:58.000] Well, this is a circuit court actually, which is like the low level state.
[53:58.000 --> 54:07.400] If it's the low level, whatever they call it in Wisconsin, in New York, the lowest level
[54:07.400 --> 54:10.560] court is called the Supreme.
[54:10.560 --> 54:18.520] So if they're doing classy misdemeanor, then they're not the sharpest knife in the door
[54:18.520 --> 54:24.080] or they would be out making the big bucks.
[54:24.080 --> 54:26.040] Have you already bargrieved him?
[54:26.040 --> 54:28.840] No, I haven't.
[54:28.840 --> 54:32.440] I'm going to be working on that and some other stuff this weekend here.
[54:32.440 --> 54:36.840] Get him a bar grievance in before you talk to him.
[54:36.840 --> 54:42.440] Now he's going to be wanting a way to keep you from doing that to him again.
[54:42.440 --> 54:47.680] I'm wondering how long it'll take before he sees that I filed a bar grievance because
[54:47.680 --> 54:48.680] ...
[54:48.680 --> 54:49.680] A day or two.
[54:49.680 --> 54:50.680] ... on Wednesday.
[54:50.680 --> 54:55.040] So if I file right away on Monday, then there's a chance you'll see before then.
[54:55.040 --> 54:57.560] Oh yeah.
[54:57.560 --> 55:01.080] They generally notify them very quickly.
[55:01.080 --> 55:08.680] Yeah, something else I found interesting is that his office is supposed to have two assistant
[55:08.680 --> 55:12.720] district attorneys and I believe like a month or so ago he had one and he was looking to
[55:12.720 --> 55:13.720] hire another one.
[55:13.720 --> 55:14.920] Now he has none.
[55:14.920 --> 55:17.120] So it's just him it looks like now.
[55:17.120 --> 55:20.320] So he's probably pretty busy with...
[55:20.320 --> 55:25.320] One of his assistants probably got bargrieved.
[55:25.320 --> 55:30.520] Yeah, and I was thinking about bar grieving that one assistant and then I looked the other
[55:30.520 --> 55:33.920] day on their website and he doesn't have any assistants anymore.
[55:33.920 --> 55:38.720] I'll tell you how that happens.
[55:38.720 --> 55:41.920] So now he's directly in the line of fire.
[55:41.920 --> 55:42.920] Yeah.
[55:42.920 --> 55:43.920] Okay.
[55:43.920 --> 55:47.280] I do need to move on.
[55:47.280 --> 55:50.560] We still got a full boat of carlers.
[55:50.560 --> 55:52.760] So let us know how this works out.
[55:52.760 --> 55:53.760] All right.
[55:53.760 --> 55:54.760] Yeah.
[55:54.760 --> 55:57.040] I'll give you a call back maybe next week.
[55:57.040 --> 55:58.040] Okay.
[55:58.040 --> 55:59.040] Thank you, Jason.
[55:59.040 --> 56:01.640] Now we're going to go to Jack in Texas.
[56:01.640 --> 56:02.800] Hello, Jack.
[56:02.800 --> 56:05.000] What do you have for us today?
[56:05.000 --> 56:07.000] Hello, John.
[56:07.000 --> 56:12.040] I have a couple of questions.
[56:12.040 --> 56:17.640] I'm dealing with a traffic just like Jason there.
[56:17.640 --> 56:28.360] It's down to one now because they dismissed one because the truck was using... got inspected
[56:28.360 --> 56:30.360] and all that kind of stuff.
[56:30.360 --> 56:34.360] Anyway, they offered me a deferred... what is it called?
[56:34.360 --> 56:35.360] Deferred adjudication?
[56:35.360 --> 56:36.360] Yes.
[56:36.360 --> 56:48.480] On the other one, and I turned it down because I want to mess around judge some more.
[56:48.480 --> 57:01.320] I am having trouble file three criminal complaints, one against the judge, which had five violations
[57:01.320 --> 57:02.320] in one complaint.
[57:02.320 --> 57:08.120] So I just learned from what I was listening, I should have filed five different ones, but
[57:08.120 --> 57:10.120] that's all right.
[57:10.120 --> 57:17.760] I filed a criminal complaint against the prosecutor and against the police.
[57:17.760 --> 57:20.920] Who did you file them with?
[57:20.920 --> 57:21.920] That's what I was getting to.
[57:21.920 --> 57:26.320] I had a tough time figuring out who to file them with.
[57:26.320 --> 57:34.400] So I went down to the court and tried to find the clerk of the court.
[57:34.400 --> 57:38.880] The office I was at, they said, oh no, we're the coordinators.
[57:38.880 --> 57:44.440] So they have a whole office of coordinators for I guess all three county courts.
[57:44.440 --> 57:49.960] Then they sent me down to the clerk, but they said, oh no, we're the county clerks.
[57:49.960 --> 57:52.960] We deal with real estate.
[57:52.960 --> 58:01.480] So I asked them, well, who takes the, you know, who timestamps court filings when somebody
[58:01.480 --> 58:02.480] files a court?
[58:02.480 --> 58:11.440] And they said, well, we can, but it has to be an ongoing case.
[58:11.440 --> 58:15.200] And I was trying to file a criminal complaint, the criminal complaint.
[58:15.200 --> 58:16.200] Okay.
[58:16.200 --> 58:19.120] Well, you were at the wrong place.
[58:19.120 --> 58:25.440] Criminal complaints need to be filed with a magistrate and all judges are magistrates
[58:25.440 --> 58:26.440] in the state of Texas.
[58:26.440 --> 58:27.440] Right.
[58:27.440 --> 58:33.520] So I was having trouble getting in to see a judge.
[58:33.520 --> 58:39.680] Oh, you don't need to just send it to them, certified mail, make sure it's verified and
[58:39.680 --> 58:40.680] you got it.
[58:40.680 --> 58:41.680] Hang on.
[58:41.680 --> 58:45.000] Brandy Kelton, Brett Fountain, we love our radio.
[58:45.000 --> 58:50.240] We, I was going to give the call in number, but we've got four more.
[58:50.240 --> 58:54.400] Would you like to make more definite progress in your walk with God?
[58:54.400 --> 58:59.560] Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.560 --> 59:00.920] can really help.
[59:00.920 --> 59:05.360] The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.360 --> 59:06.360] today.
[59:06.360 --> 59:10.280] It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.280 --> 59:13.360] to know God and to know the meaning of life.
[59:13.360 --> 59:18.640] The free books are a three volume set called Basic Elements of the Christian Life.
[59:18.640 --> 59:22.920] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:22.920 --> 59:27.840] of salvation, growing in Christ and how to build up the church.
[59:27.840 --> 59:32.840] To order your free New Testament recovery version and Basic Elements of the Christian
[59:32.840 --> 59:45.600] Life, call Bibles for America toll free at 888-551-0102, that's 888-551-0102 or visit
[59:45.600 --> 59:48.240] us online at bfa.org.
[59:48.240 --> 01:00:02.200] You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:02.200 --> 01:00:22.960] The
[01:00:22.960 --> 01:00:27.560] Once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:27.560 --> 01:00:32.580] So protect your rights, say no to surveillance, and keep your information to yourself.
[01:00:32.580 --> 01:00:35.320] Privacy, it's worth hanging on to.
[01:00:35.320 --> 01:00:39.620] This public service announcement is brought to you by Startpage.com, the private search
[01:00:39.620 --> 01:00:43.140] engine alternative to Google, Yahoo, and Bing.
[01:00:43.140 --> 01:00:45.100] Start over with Startpage.
[01:00:45.100 --> 01:00:48.940] Imagine your mom and dad are getting ready for bed.
[01:00:48.940 --> 01:00:52.020] They pull back the covers and find a third party there.
[01:00:52.020 --> 01:00:55.220] She announces, I'm with the military and I'm sleeping here tonight.
[01:00:55.220 --> 01:00:59.360] That shocking image of a third party in my parents' bed reminds me what the Third Amendment
[01:00:59.360 --> 01:01:00.960] was designed to prevent.
[01:01:00.960 --> 01:01:05.160] It protects us from being forced to share our homes with soldiers, a common demand in
[01:01:05.160 --> 01:01:07.280] the days of our founding fathers.
[01:01:07.280 --> 01:01:08.280] Third party, Third Amendment?
[01:01:08.280 --> 01:01:09.280] Get it?
[01:01:09.280 --> 01:01:13.440] So if you answer a knock at your door and guys in fatigues demand lodging, tell them
[01:01:13.440 --> 01:01:16.840] to dust off their copy of the Bill of Rights and re-read the Third Amendment.
[01:01:16.840 --> 01:01:18.800] I'm Dr. Catherine Albrecht.
[01:01:18.800 --> 01:01:31.760] More news and information at CatherineAlbrecht.com.
[01:01:31.760 --> 01:01:35.440] The Bill of Rights contains the first 10 amendments of our Constitution.
[01:01:35.440 --> 01:01:38.880] They guarantee a specific freedom Americans should know and protect.
[01:01:38.880 --> 01:01:40.360] Our liberty depends on it.
[01:01:40.360 --> 01:01:44.240] I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember
[01:01:44.240 --> 01:01:47.240] one of your constitutional rights.
[01:01:47.240 --> 01:01:48.840] Privacy is under attack.
[01:01:48.840 --> 01:01:52.440] When you give up data about yourself, you'll never get it back again.
[01:01:52.440 --> 01:01:57.200] And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:01:57.200 --> 01:02:02.240] So protect your rights, say no to surveillance, and keep your information to yourself.
[01:02:02.240 --> 01:02:04.960] Privacy, it's worth hanging on to.
[01:02:04.960 --> 01:02:09.260] This public service announcement is brought to you by StartPage.com, the private search
[01:02:09.260 --> 01:02:12.800] engine alternative to Google, Yahoo, and Bing.
[01:02:12.800 --> 01:02:16.480] Start over with StartPage.
[01:02:16.480 --> 01:02:21.440] Imagine four eyes staring at you through binoculars, a magnifying glass, or a pair of x-ray goggles.
[01:02:21.440 --> 01:02:26.300] That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable
[01:02:26.300 --> 01:02:27.800] search and seizure.
[01:02:27.800 --> 01:02:30.160] Fourth Amendment, four eyes staring at you?
[01:02:30.160 --> 01:02:31.160] Get it?
[01:02:31.160 --> 01:02:34.960] Unfortunately, the government is trampling our Fourth Amendment rights in the name of
[01:02:34.960 --> 01:02:35.960] security.
[01:02:35.960 --> 01:02:39.800] Case in point, TSA airport scanners that peer under your clothing.
[01:02:39.800 --> 01:02:43.800] When government employees demand a peep at your privates without probable cause, I say
[01:02:43.800 --> 01:02:46.640] it's time to sound the constitutional alarm bells.
[01:02:46.640 --> 01:02:50.920] Join me in asking our representatives to dust off the Bill of Rights and use their googly
[01:02:50.920 --> 01:02:53.080] eyes to take a gander at the Fourth.
[01:02:53.080 --> 01:02:54.960] I'm Dr. Catherine Albrecht.
[01:02:54.960 --> 01:03:14.800] More news and information at CatherineAlbrecht.com.
[01:03:14.800 --> 01:03:31.920] All right.
[01:03:31.920 --> 01:03:39.920] And as we live with this faith and with God, I will aid my concerns.
[01:03:39.920 --> 01:03:43.920] I will help you find my Father's house.
[01:03:43.920 --> 01:03:47.920] I will help you find my Father's house.
[01:03:47.920 --> 01:03:54.920] I will help you find my Father's house.
[01:03:54.920 --> 01:04:01.920] I will guard these walls, if I say they come to take this place.
[01:04:01.920 --> 01:04:05.920] I will help you find my Father's house.
[01:04:05.920 --> 01:04:08.920] Make a tiki every night to show the Father enter.
[01:04:08.920 --> 01:04:11.920] She solidifies light from around her.
[01:04:11.920 --> 01:04:14.920] She free blood and evil murderer.
[01:04:14.920 --> 01:04:16.920] She saw nothing else because they cannot enter.
[01:04:16.920 --> 01:04:19.920] Pure and mortal, clean signs only.
[01:04:19.920 --> 01:04:22.920] Only them could enter in God's house, you see.
[01:04:22.920 --> 01:04:27.920] Okay, howdy, howdy, Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:04:27.920 --> 01:04:35.920] And this is the 14th day of...
[01:04:35.920 --> 01:04:37.920] That's a calendar.
[01:04:37.920 --> 01:04:41.920] 14th day of October 2022.
[01:04:41.920 --> 01:04:48.920] And we're talking to Jack in Texas.
[01:04:48.920 --> 01:04:51.920] Okay, Jack, where were we?
[01:04:51.920 --> 01:04:56.920] All right, so I was telling you about trying to get in front of a magistrate.
[01:04:56.920 --> 01:05:01.920] So finally, what happened was the clerk said,
[01:05:01.920 --> 01:05:07.920] well, how about if we send one of the attorneys out to talk to you?
[01:05:07.920 --> 01:05:10.920] And I said, okay, we'll do that.
[01:05:10.920 --> 01:05:14.920] So they sent one, I think it was a county attorney.
[01:05:14.920 --> 01:05:17.920] And it was pretty nice.
[01:05:17.920 --> 01:05:27.920] And I told him I needed to get in to see a magistrate turn in these criminal complaints.
[01:05:27.920 --> 01:05:33.920] And he said he couldn't help me there, but he wanted to look at the criminal complaints.
[01:05:33.920 --> 01:05:34.920] So I said, okay.
[01:05:34.920 --> 01:05:36.920] And he looked at them.
[01:05:36.920 --> 01:05:38.920] He looked at them.
[01:05:38.920 --> 01:05:41.920] He just read them right there real quick.
[01:05:41.920 --> 01:05:53.920] And he did a lot of thinking, gave me a few suggestions that I might have to file a lawsuit.
[01:05:53.920 --> 01:05:58.920] He gave me a few options, but he took the complaint.
[01:05:58.920 --> 01:05:59.920] So he said...
[01:05:59.920 --> 01:06:06.920] Oh, are you familiar with 2.05, Code of Criminal Procedure?
[01:06:06.920 --> 01:06:07.920] No.
[01:06:07.920 --> 01:06:15.920] He is required by statute to give notice to some magistrate.
[01:06:15.920 --> 01:06:17.920] You got this guy's name?
[01:06:17.920 --> 01:06:20.920] He just invoked a duty.
[01:06:20.920 --> 01:06:23.920] A duty name and his email.
[01:06:23.920 --> 01:06:28.920] Well, when he touched it, he stuck to it.
[01:06:28.920 --> 01:06:34.920] He said basically the same thing, although I didn't quite understand at the time what he said.
[01:06:34.920 --> 01:06:38.920] But it was like something about what you're saying.
[01:06:38.920 --> 01:06:46.920] So now I was just wondering, how do I keep track of what's going on?
[01:06:46.920 --> 01:06:56.920] Send him an email and ask which magistrate he gave notice to.
[01:06:56.920 --> 01:06:58.920] Okay.
[01:06:58.920 --> 01:07:00.920] Which magistrate he gave notice to.
[01:07:00.920 --> 01:07:04.920] Should I send...
[01:07:04.920 --> 01:07:11.920] What is that, the part that says they have to issue an arrest warrant forthwith?
[01:07:11.920 --> 01:07:13.920] Should I send a quote?
[01:07:13.920 --> 01:07:15.920] No, he doesn't have anything to do with that.
[01:07:15.920 --> 01:07:18.920] His is 2.05.
[01:07:18.920 --> 01:07:23.920] It directs him to present the complaint to some magistrate.
[01:07:23.920 --> 01:07:28.920] Brad, is it 2.05 or 2.06?
[01:07:28.920 --> 01:07:30.920] For which one to have the duty?
[01:07:30.920 --> 01:07:33.920] Yeah, he must give notice to some magistrate.
[01:07:33.920 --> 01:07:35.920] Yeah, but for which one?
[01:07:35.920 --> 01:07:39.920] You got the district attorney, that's 2.03, 2.04, 2.05.
[01:07:39.920 --> 01:07:40.920] You got the...
[01:07:40.920 --> 01:07:41.920] Yeah, duties of...
[01:07:41.920 --> 01:07:45.920] 2.13 is the peace officer has the duty.
[01:07:45.920 --> 01:07:54.920] Yeah, 2.03, if it's a public official, requires him to submit it to grand jury.
[01:07:54.920 --> 01:07:58.920] So that one will cover it.
[01:07:58.920 --> 01:08:04.920] Are these all public officials, Jack?
[01:08:04.920 --> 01:08:07.920] Do you mean the people against who the complaints are?
[01:08:07.920 --> 01:08:08.920] Yes.
[01:08:08.920 --> 01:08:09.920] Yeah.
[01:08:09.920 --> 01:08:10.920] Okay, then under...
[01:08:10.920 --> 01:08:14.920] Read 2.03, Texas Code of Criminal Procedure.
[01:08:14.920 --> 01:08:27.920] Send him an email and ask him when this will be presented to the grand jury in accordance with 2.03.
[01:08:27.920 --> 01:08:36.920] And under 2.05, which magistrate did you give notice to?
[01:08:36.920 --> 01:08:40.920] The grand jury.
[01:08:40.920 --> 01:08:41.920] Okay.
[01:08:41.920 --> 01:08:50.920] And I did have a question about Article 2.09.
[01:08:50.920 --> 01:08:54.920] Who are magistrates of the...
[01:08:54.920 --> 01:09:03.920] Justices of the Supreme Court, judges of the Court of Criminal Appeals, judges of the Court of Appeals,
[01:09:03.920 --> 01:09:16.920] district judges, county judges, justices of the peace, mayors, I mean, municipal court judges, mayors, and reporters.
[01:09:16.920 --> 01:09:23.920] There's a whole bunch of junk in there that's specific to particular counties.
[01:09:23.920 --> 01:09:24.920] Right.
[01:09:24.920 --> 01:09:25.920] But that's pretty much the gist.
[01:09:25.920 --> 01:09:31.920] The gist is every single judge in Texas is a magistrate.
[01:09:31.920 --> 01:09:35.920] Right. Now, the last sentence, the last half of the last sentence reads,
[01:09:35.920 --> 01:09:45.920] the decisions of the peace and the mayors and recorders and the judges of the municipal court of incorporated cities or towns.
[01:09:45.920 --> 01:09:46.920] Now, who would a recorder be?
[01:09:46.920 --> 01:09:50.920] Would that be the municipal court clerk?
[01:09:50.920 --> 01:09:53.920] Whit?
[01:09:53.920 --> 01:09:57.920] It's the county clerk.
[01:09:57.920 --> 01:10:02.920] Well, this says, that was my question, so maybe you guys can clear it up.
[01:10:02.920 --> 01:10:13.920] It says the justices of the peace and the mayors and recorders and the judges of the municipal courts of the cities or towns.
[01:10:13.920 --> 01:10:15.920] Yeah, municipal court judges.
[01:10:15.920 --> 01:10:24.920] But Brad is saying that that recorder applies to county clerks.
[01:10:24.920 --> 01:10:34.920] Yeah, it says that in Texas the county clerk fulfills the role of the recorder.
[01:10:34.920 --> 01:10:35.920] Okay.
[01:10:35.920 --> 01:10:45.920] So if the recorder there means the county clerk, then why would it be by the county clerk?
[01:10:45.920 --> 01:10:48.920] Well, you could take it to the county clerk by law,
[01:10:48.920 --> 01:10:58.920] but they really don't tend to know that they're a magistrate in that sense and then they only do what they think that they are.
[01:10:58.920 --> 01:11:01.920] Yeah, that'll get you an extra fight.
[01:11:01.920 --> 01:11:02.920] Yeah.
[01:11:02.920 --> 01:11:07.920] Which is okay if that's what you're trying to fix.
[01:11:07.920 --> 01:11:09.920] No, no, I don't care about that stuff.
[01:11:09.920 --> 01:11:17.920] No, but could I have just left it then with the recorder and said, hey, here's three criminal complaints?
[01:11:17.920 --> 01:11:18.920] Yes.
[01:11:18.920 --> 01:11:22.920] That's an interesting question.
[01:11:22.920 --> 01:11:33.920] Eddie Craig is now arguing the issue that it's improper for a clerk to file criminal complaints.
[01:11:33.920 --> 01:11:38.920] Well, that's what they're doing regularly.
[01:11:38.920 --> 01:11:49.920] But right now they're doing that regularly, so you bring a complaint to them or just a statement of facts and say here,
[01:11:49.920 --> 01:11:56.920] you've been made known that a crime has been committed, file a complaint with the court.
[01:11:56.920 --> 01:11:58.920] No, that's a different fight.
[01:11:58.920 --> 01:12:01.920] You just want to get this in the hand of a magistrate.
[01:12:01.920 --> 01:12:03.920] So just mail it.
[01:12:03.920 --> 01:12:07.920] You already got it in front of the prosecutor.
[01:12:07.920 --> 01:12:08.920] Yeah.
[01:12:08.920 --> 01:12:14.920] Email him and ask him about the grand jury and what magistrate he sent it to.
[01:12:14.920 --> 01:12:17.920] And when you get some kind of BS response,
[01:12:17.920 --> 01:12:24.920] then you make up criminal complaints against the prosecutor and send that to the chief justice
[01:12:24.920 --> 01:12:30.920] or providing judge of the court of criminal appeals, anyone you want to.
[01:12:30.920 --> 01:12:32.920] And if you do want to take...
[01:12:32.920 --> 01:12:34.920] The local district judge.
[01:12:34.920 --> 01:12:42.920] If you want to take that up about the county clerk serving as the recorder or one of the listeners,
[01:12:42.920 --> 01:12:47.920] maybe it's in the Texas Constitutional, it's Article 5, Section 20.
[01:12:47.920 --> 01:12:56.920] And it's also in the local government code, Section 191.001.
[01:12:56.920 --> 01:13:05.920] And that will tie together with your 2.09 Code of Criminal Procedure to say who is this recorder.
[01:13:05.920 --> 01:13:07.920] Oh, that's the county clerk that I was standing in front of.
[01:13:07.920 --> 01:13:11.920] And she obviously had no idea.
[01:13:11.920 --> 01:13:13.920] She said, oh, no, we just do real estate.
[01:13:13.920 --> 01:13:15.920] But yeah, that's her.
[01:13:15.920 --> 01:13:23.920] Texas Constitution, Article 5, Section 20, in the Texas government code.
[01:13:23.920 --> 01:13:25.920] It's the local government code.
[01:13:25.920 --> 01:13:26.920] There are two different sets.
[01:13:26.920 --> 01:13:27.920] One is the government code.
[01:13:27.920 --> 01:13:30.920] This one is the local government code.
[01:13:30.920 --> 01:13:35.920] And it's Section 191.001.
[01:13:35.920 --> 01:13:39.920] 191.001.
[01:13:39.920 --> 01:13:41.920] Yeah, I'm not saying that you need to pick that fight right now,
[01:13:41.920 --> 01:13:46.920] but just if it comes to that at some point.
[01:13:46.920 --> 01:13:53.920] No, but at least I bought it so I can, you know, say, hey, take a look at this if I want to.
[01:13:53.920 --> 01:13:55.920] Okay.
[01:13:55.920 --> 01:13:58.920] Yeah, it's really nice.
[01:13:58.920 --> 01:14:04.920] It's really nice to go after them for something they don't see coming
[01:14:04.920 --> 01:14:09.920] and things they're doing that they think is right that you nail them for.
[01:14:09.920 --> 01:14:14.920] And especially if you go after the clerk, everybody's going to want to protect the clerk.
[01:14:14.920 --> 01:14:20.920] And they'll commit crimes to protect the clerk.
[01:14:20.920 --> 01:14:24.920] They will violate, the magistrates will violate 15.09,
[01:14:24.920 --> 01:14:28.920] then you get to sue the magistrate personally.
[01:14:28.920 --> 01:14:31.920] That'll jerk a knot in their shorts.
[01:14:31.920 --> 01:14:38.920] Certainly has in Victoria County.
[01:14:38.920 --> 01:14:39.920] So...
[01:14:39.920 --> 01:14:40.920] You there, Jack?
[01:14:40.920 --> 01:14:41.920] That sounds good.
[01:14:41.920 --> 01:14:42.920] I have one more thing.
[01:14:42.920 --> 01:14:44.920] Are you there still?
[01:14:44.920 --> 01:14:45.920] Yes.
[01:14:45.920 --> 01:14:46.920] You hear me?
[01:14:46.920 --> 01:14:47.920] Okay.
[01:14:47.920 --> 01:14:51.920] So I want to do some...
[01:14:51.920 --> 01:15:00.920] I want to call into the county court about this municipal court judge.
[01:15:00.920 --> 01:15:08.920] So I want to do some mandami or mandamuses or however you say it.
[01:15:08.920 --> 01:15:09.920] What would that be?
[01:15:09.920 --> 01:15:10.920] Mandamus.
[01:15:10.920 --> 01:15:21.920] Mandamus, you're asking for a mandate from the Court of Appeals to a lower court.
[01:15:21.920 --> 01:15:23.920] Right.
[01:15:23.920 --> 01:15:28.920] I would do the same thing, just send it in the mail then to the magistrate
[01:15:28.920 --> 01:15:36.920] or leave it with the clerk.
[01:15:36.920 --> 01:15:38.920] Depends on the fights you want to pick.
[01:15:38.920 --> 01:15:43.920] If you want to pick a fight with the clerk, leave it with the clerk.
[01:15:43.920 --> 01:15:50.920] Or if you just want to get this moving along and not have that extra fight,
[01:15:50.920 --> 01:15:51.920] send it to him.
[01:15:51.920 --> 01:15:56.920] But right now, your complaints are in the system.
[01:15:56.920 --> 01:16:02.920] Now you want to go after the prosecutor for not properly acting on the complaints
[01:16:02.920 --> 01:16:03.920] because you can be sure he has not.
[01:16:03.920 --> 01:16:06.920] Right.
[01:16:06.920 --> 01:16:10.920] About the mandamuses.
[01:16:10.920 --> 01:16:14.920] You're not ready for that yet.
[01:16:14.920 --> 01:16:18.920] First, you've got to get the complaint.
[01:16:18.920 --> 01:16:19.920] You've got to walk through this process.
[01:16:19.920 --> 01:16:22.920] You've given the complaint to the prosecutor.
[01:16:22.920 --> 01:16:25.920] Now you need the prosecutor to tell you that he didn't give it to the grand jury
[01:16:25.920 --> 01:16:29.920] forthwith.
[01:16:29.920 --> 01:16:34.920] Once you've got that, then you prepare criminal complaints against the prosecutor
[01:16:34.920 --> 01:16:39.920] and send it to the district attorney's address addressed to the foreman of the
[01:16:39.920 --> 01:16:42.920] grand jury.
[01:16:42.920 --> 01:16:43.920] Put it in an envelope.
[01:16:43.920 --> 01:16:45.920] They'll see it.
[01:16:45.920 --> 01:16:50.920] So he will tamper with the public mail when he opens it.
[01:16:50.920 --> 01:16:54.920] Hang on, Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:16:54.920 --> 01:16:59.920] We'll be right back.
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[01:17:59.920 --> 01:18:00.920] I love logos.
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[01:18:12.920 --> 01:18:15.920] I'd love to volunteer as a show producer, but I'm a bit of a Luddite,
[01:18:15.920 --> 01:18:19.920] and I really don't have any money to give because I spent it all on supplements.
[01:18:19.920 --> 01:18:21.920] How can I help logos?
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[01:18:37.920 --> 01:18:42.920] Now, when you order anything from Amazon, you use that link and logos gets a few pesos.
[01:18:42.920 --> 01:18:43.920] Do I pay extra?
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[01:18:57.920 --> 01:19:00.920] Happy holidays, logos.
[01:19:00.920 --> 01:19:12.920] This is the Logos Radio Network.
[01:19:12.920 --> 01:19:37.920] Okay.
[01:19:37.920 --> 01:19:38.920] We are back.
[01:19:38.920 --> 01:19:42.920] We are back at Fountain Breast Fountain Radio and we're talking to Jack.
[01:19:42.920 --> 01:19:47.920] Jack, do you have anything else for us tonight?
[01:19:47.920 --> 01:19:53.920] I have a few other things, but I can wait, you know, and let other people get in.
[01:19:53.920 --> 01:20:00.920] They scheduled this court thing for March of 23.
[01:20:00.920 --> 01:20:05.920] Because I thought the court was going to be, it was supposed to be a couple of weeks ago,
[01:20:05.920 --> 01:20:11.920] and all they wanted to do was do the deferment or whatever it was.
[01:20:11.920 --> 01:20:15.920] They were playing let's make a deal.
[01:20:15.920 --> 01:20:16.920] Is that what that was?
[01:20:16.920 --> 01:20:17.920] Yep.
[01:20:17.920 --> 01:20:18.920] That's what they always do.
[01:20:18.920 --> 01:20:28.920] But if they summoned you to court to meet with the prosecutor, that's simulating the legal process.
[01:20:28.920 --> 01:20:35.920] If a prosecutor wants to meet with me, he can call my secretary and set an appointment,
[01:20:35.920 --> 01:20:37.920] but he can't summon me into court.
[01:20:37.920 --> 01:20:42.920] That's simulating the legal process.
[01:20:42.920 --> 01:20:43.920] Okay.
[01:20:43.920 --> 01:20:46.920] So I've got that in my quiver as well, Ren.
[01:20:46.920 --> 01:20:48.920] Yeah.
[01:20:48.920 --> 01:20:49.920] All right.
[01:20:49.920 --> 01:20:50.920] Okay.
[01:20:50.920 --> 01:20:51.920] Thank you, gentlemen.
[01:20:51.920 --> 01:20:52.920] I appreciate it.
[01:20:52.920 --> 01:20:53.920] Have a nice day.
[01:20:53.920 --> 01:20:54.920] Okay.
[01:20:54.920 --> 01:20:55.920] Thank you, Jack.
[01:20:55.920 --> 01:21:03.920] We have a first-time caller, David from the 912 area code.
[01:21:03.920 --> 01:21:12.920] If you're in the 912 area code, give us a first name and a state.
[01:21:12.920 --> 01:21:16.920] Hey, this is Melissa, and I'm in Georgia.
[01:21:16.920 --> 01:21:18.920] Oh, hello, Melissa in Georgia.
[01:21:18.920 --> 01:21:19.920] We need to get you.
[01:21:19.920 --> 01:21:21.920] Are you a first-time caller?
[01:21:21.920 --> 01:21:22.920] Yes.
[01:21:22.920 --> 01:21:23.920] Oh, good.
[01:21:23.920 --> 01:21:31.920] I think the phones do a, you know, they run the phone to see who it is,
[01:21:31.920 --> 01:21:34.920] and we get some weird names sometimes.
[01:21:34.920 --> 01:21:38.920] Okay, Melissa in Georgia.
[01:21:38.920 --> 01:21:39.920] Hey.
[01:21:39.920 --> 01:21:40.920] You have to be careful.
[01:21:40.920 --> 01:21:41.920] You're in Georgia.
[01:21:41.920 --> 01:21:43.920] You've got hillbillies down there.
[01:21:43.920 --> 01:21:47.920] Well, we don't have a lot of hills here, but we do have a lot.
[01:21:47.920 --> 01:21:55.920] Oh, I've been, I went into Atlanta, Georgia, pulling a trailer in an ice storm.
[01:21:55.920 --> 01:22:01.920] Downtown, you absolutely have hills.
[01:22:01.920 --> 01:22:02.920] Oh, yeah, yeah.
[01:22:02.920 --> 01:22:06.920] I still have night terrors thinking about that.
[01:22:06.920 --> 01:22:12.920] Oh, is that where you got peach tree that, an overpass that goes under the peach tree,
[01:22:12.920 --> 01:22:14.920] and then you turn right on peach tree?
[01:22:14.920 --> 01:22:20.920] Now, downtown Atlanta, every street's named peach in some form.
[01:22:20.920 --> 01:22:22.920] Yep.
[01:22:22.920 --> 01:22:26.920] I'm over on the ocean side of Georgia.
[01:22:26.920 --> 01:22:32.920] So, yeah, so I wasn't even thinking about the mountains, but you're right.
[01:22:32.920 --> 01:22:36.920] We have a variety of different landscapes here in Georgia.
[01:22:36.920 --> 01:22:37.920] Okay.
[01:22:37.920 --> 01:22:39.920] What do you have for us today?
[01:22:39.920 --> 01:22:45.920] Yeah, I've been listening to you and Brett for a while, and in your telegram group,
[01:22:45.920 --> 01:22:50.920] learning so much from you, learning how to, you know, take on the public officials,
[01:22:50.920 --> 01:22:52.920] and I've had to do that.
[01:22:52.920 --> 01:22:56.920] But this situation's a little bit different.
[01:22:56.920 --> 01:23:01.920] About a month ago, I left my purse in my car, and somebody came along,
[01:23:01.920 --> 01:23:05.920] cut my lock, and stole it.
[01:23:05.920 --> 01:23:10.920] And I noticed that there was a camera outside one of the stores,
[01:23:10.920 --> 01:23:16.920] and I couldn't get them to release that information to me
[01:23:16.920 --> 01:23:20.920] without a police officer requesting it.
[01:23:20.920 --> 01:23:28.920] So I had no other choice but to involve the police, and so, which I would have done anyway.
[01:23:28.920 --> 01:23:32.920] It was just I wanted to make sure that, you know, I could obtain these things myself
[01:23:32.920 --> 01:23:35.920] that I want to represent myself.
[01:23:35.920 --> 01:23:41.920] And so anyway, the officer, we got the video,
[01:23:41.920 --> 01:23:48.920] and it showed the making model of the car that he used to pull up to mine.
[01:23:48.920 --> 01:23:53.920] Then he went, you know, the officer also was able to use some other tools
[01:23:53.920 --> 01:23:59.920] and techniques they have to kind of watch this guy travel from point A to point B,
[01:23:59.920 --> 01:24:04.920] and then he went over to a store and used my credit card there,
[01:24:04.920 --> 01:24:07.920] and they got him on camera there.
[01:24:07.920 --> 01:24:11.920] So we had a lot of evidence the following day.
[01:24:11.920 --> 01:24:16.920] Like within 24 hours, they had all the evidence they needed.
[01:24:16.920 --> 01:24:22.920] The officer was about to go on vacation the very next day.
[01:24:22.920 --> 01:24:25.920] So the chief lets him go on vacation, but tells me,
[01:24:25.920 --> 01:24:29.920] oh, yeah, I'll help you, you call me anytime.
[01:24:29.920 --> 01:24:33.920] So I was told, this is the new chief, and I was told he, you know,
[01:24:33.920 --> 01:24:36.920] I better follow up on him, so I was calling him every day.
[01:24:36.920 --> 01:24:38.920] You know, just once a day, just, hey, you know, how's it going?
[01:24:38.920 --> 01:24:40.920] You know, kept the guy yet?
[01:24:40.920 --> 01:24:41.920] No.
[01:24:41.920 --> 01:24:49.920] And he went, let's see, within just like, he kept telling me,
[01:24:49.920 --> 01:24:52.920] well, it's with the investigation department.
[01:24:52.920 --> 01:24:56.920] This is already now, okay, so it happened on a Sunday.
[01:24:56.920 --> 01:24:58.920] The officer goes on vacation on Tuesday.
[01:24:58.920 --> 01:25:02.920] Then by Friday, I'm like, listen, the guy's got my car keys,
[01:25:02.920 --> 01:25:06.920] he's got my ID, he's got everything on me and my children,
[01:25:06.920 --> 01:25:10.920] and this is my teenage son's car, and he drives it to school.
[01:25:10.920 --> 01:25:11.920] So I was really worried.
[01:25:11.920 --> 01:25:15.920] You know, as a victim, it kind of is very, very scary,
[01:25:15.920 --> 01:25:18.920] especially when you have children and minors.
[01:25:18.920 --> 01:25:23.920] And so I, you know, I went to the TAG office trying to find out
[01:25:23.920 --> 01:25:28.920] what's the TAG number of this vehicle, and I couldn't get anywhere.
[01:25:28.920 --> 01:25:30.920] I went to the commissioner.
[01:25:30.920 --> 01:25:31.920] I couldn't get anywhere.
[01:25:31.920 --> 01:25:33.920] They said go to the Superior Court.
[01:25:33.920 --> 01:25:35.920] So I went there, and they said, well, you're not going to get anywhere
[01:25:35.920 --> 01:25:36.920] with that chief.
[01:25:36.920 --> 01:25:38.920] They said go to the county manager.
[01:25:38.920 --> 01:25:39.920] I said, all right.
[01:25:39.920 --> 01:25:40.920] I went to the county manager.
[01:25:40.920 --> 01:25:43.920] He wasn't in, left a message.
[01:25:43.920 --> 01:25:48.920] The next thing I know, I saw the chief the following day,
[01:25:48.920 --> 01:25:53.920] and I wanted to find out what day it is, and he berated me for,
[01:25:53.920 --> 01:25:57.920] quote, unquote, going above his head and making him look bad.
[01:25:57.920 --> 01:26:01.920] Well, I tell you, I have learned so much from you that I knew to go
[01:26:01.920 --> 01:26:08.920] ahead and be real calm, let him run over me, record it,
[01:26:08.920 --> 01:26:10.920] and take measures later.
[01:26:10.920 --> 01:26:12.920] So I did.
[01:26:12.920 --> 01:26:15.920] So that's been, that's a separate issue.
[01:26:15.920 --> 01:26:20.920] My main issue is that they, because I went over his head,
[01:26:20.920 --> 01:26:23.920] I did eventually go over his head.
[01:26:23.920 --> 01:26:28.920] Oh, he had to hurry up and call this officer back off of vacation,
[01:26:28.920 --> 01:26:33.920] and they hurried up and arrested the guy, which was good.
[01:26:33.920 --> 01:26:35.920] He's off the street.
[01:26:35.920 --> 01:26:39.920] Well, as a victim, we're not told anything at all.
[01:26:39.920 --> 01:26:41.920] We're not told a background history yet.
[01:26:41.920 --> 01:26:44.920] He needs to go to his bond hearing and speak.
[01:26:44.920 --> 01:26:47.920] How do I know who this person is?
[01:26:47.920 --> 01:26:49.920] So I did a little history on him.
[01:26:49.920 --> 01:26:51.920] I found he's got a really long rap sheet.
[01:26:51.920 --> 01:26:53.920] He's got some violent crimes against him.
[01:26:53.920 --> 01:26:55.920] And I don't want him to have a bond.
[01:26:55.920 --> 01:26:57.920] I don't want him to get a plea.
[01:26:57.920 --> 01:27:00.920] So I'm speaking with the DA, and I'm like, who do you represent?
[01:27:00.920 --> 01:27:03.920] And of course he says the state.
[01:27:03.920 --> 01:27:09.920] So I feel like they are basically stealing my jurisdiction
[01:27:09.920 --> 01:27:13.920] and using that to move forward on the case against him,
[01:27:13.920 --> 01:27:17.920] where it's like, where do I come in to have a say so?
[01:27:17.920 --> 01:27:19.920] I've been wanting to file motions,
[01:27:19.920 --> 01:27:23.920] but I don't want to do anything that's going to mess things up.
[01:27:23.920 --> 01:27:24.920] Okay.
[01:27:24.920 --> 01:27:26.920] So hoping for your advice.
[01:27:26.920 --> 01:27:32.920] You do not have standing in a criminal prosecution.
[01:27:32.920 --> 01:27:35.920] Before 1863, you would have had standing.
[01:27:35.920 --> 01:27:41.920] But in 1863, they hired public prosecutors.
[01:27:41.920 --> 01:27:45.920] I didn't remember that far back.
[01:27:45.920 --> 01:27:49.920] I'm old, okay?
[01:27:49.920 --> 01:27:54.920] Before that, if you had a criminal issue with someone,
[01:27:54.920 --> 01:27:58.920] you had to hire an attorney, and you could prosecute it yourself.
[01:27:58.920 --> 01:28:01.920] But after they hired public prosecutors,
[01:28:01.920 --> 01:28:09.920] they gave public prosecutors the exclusive authority to represent the state.
[01:28:09.920 --> 01:28:16.920] So we have no standing in a criminal issue, even if we're the victim.
[01:28:16.920 --> 01:28:19.920] Now, there are some victims' rights,
[01:28:19.920 --> 01:28:23.920] but as far as the prosecution, you have no real standing.
[01:28:23.920 --> 01:28:26.920] But you do have political power.
[01:28:26.920 --> 01:28:28.920] Okay.
[01:28:28.920 --> 01:28:33.920] If you don't feel like the prosecutor is doing his job, you can hammer him.
[01:28:33.920 --> 01:28:37.920] You can always sue the guy.
[01:28:37.920 --> 01:28:42.920] You can do things in discovery the prosecutor can't do.
[01:28:42.920 --> 01:28:47.920] I do have the ability to submit.
[01:28:47.920 --> 01:28:50.920] Wait, say that again.
[01:28:50.920 --> 01:28:58.920] As a victim, quote, unquote, aka witness, I'm guessing is what my real role is,
[01:28:58.920 --> 01:29:02.920] do I have the ability to put in for discovery?
[01:29:02.920 --> 01:29:05.920] Because again, I'm not victim to anything.
[01:29:05.920 --> 01:29:08.920] No, you do not.
[01:29:08.920 --> 01:29:10.920] Okay.
[01:29:10.920 --> 01:29:17.920] But if you file a civil suit in the J.P. court, I think in most places it costs 50, 60 bucks,
[01:29:17.920 --> 01:29:20.920] then you can do discovery.
[01:29:20.920 --> 01:29:21.920] Okay.
[01:29:21.920 --> 01:29:22.920] So then I can.
[01:29:22.920 --> 01:29:23.920] Okay.
[01:29:23.920 --> 01:29:27.920] So can I do that alongside of their criminal case or do I need to wait?
[01:29:27.920 --> 01:29:28.920] Absolutely.
[01:29:28.920 --> 01:29:31.920] Criminal case doesn't have anything to do with your civil.
[01:29:31.920 --> 01:29:32.920] Yeah, why not?
[01:29:32.920 --> 01:29:34.920] Go right ahead.
[01:29:34.920 --> 01:29:44.920] Well, I wasn't sure if he needed to have his due process first and be, you know, accused formally.
[01:29:44.920 --> 01:29:45.920] Okay.
[01:29:45.920 --> 01:29:46.920] Hang on.
[01:29:46.920 --> 01:29:47.920] Okay.
[01:29:47.920 --> 01:29:52.920] Going to our sponsors, Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:29:52.920 --> 01:29:55.920] Still got a full board of callers.
[01:29:55.920 --> 01:29:58.920] John, Chris, Rick, we'll try to get to all of you.
[01:29:58.920 --> 01:30:00.920] We'll be right back.
[01:30:00.920 --> 01:30:04.920] A top cybersecurity expert has a warning for America.
[01:30:04.920 --> 01:30:11.920] If you build an electrical smart grid, the hackers will come and they could cause a catastrophic blackout.
[01:30:11.920 --> 01:30:15.920] I'm Dr. Catherine Albrecht, back with the shocking details in a moment.
[01:30:15.920 --> 01:30:17.920] Privacy is under attack.
[01:30:17.920 --> 01:30:20.920] When you give up data about yourself, you'll never get it back again.
[01:30:20.920 --> 01:30:25.920] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:25.920 --> 01:30:27.920] So protect your rights.
[01:30:27.920 --> 01:30:31.920] Say no to surveillance and keep your information to yourself.
[01:30:31.920 --> 01:30:33.920] Privacy, it's worth hanging on to.
[01:30:33.920 --> 01:30:40.920] This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
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[01:30:44.920 --> 01:30:51.920] Governments love power, so it's only natural they'd want to control the power going into your home too with a smart grid.
[01:30:51.920 --> 01:30:58.920] So they're installing a national network of smart meters to remotely monitor electric use for efficiency and avoid grid failure.
[01:30:58.920 --> 01:31:02.920] But cybersecurity expert David Chalk says not so fast.
[01:31:02.920 --> 01:31:07.920] If we make the national power grid controllable through the web, hackers will have a field day.
[01:31:07.920 --> 01:31:14.920] Working remotely, they could tap in and black out the entire nation, leaving us vulnerable to our enemies.
[01:31:14.920 --> 01:31:18.920] I've long opposed smart meters for privacy and health reasons.
[01:31:18.920 --> 01:31:23.920] The catastrophic failures caused by hackers, there's nothing smart about that.
[01:31:23.920 --> 01:31:30.920] I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:30.920 --> 01:31:36.920] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.920 --> 01:31:38.920] The government says that fire brought it down.
[01:31:38.920 --> 01:31:43.920] However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.920 --> 01:31:46.920] Over 6,000 of my fellow service members have given their lives.
[01:31:46.920 --> 01:31:49.920] And thousands of my fellow first responders are dying.
[01:31:49.920 --> 01:31:50.920] I'm not a conspiracy theorist.
[01:31:50.920 --> 01:31:51.920] I'm a structural engineer.
[01:31:51.920 --> 01:31:52.920] I'm a New York City correction office.
[01:31:52.920 --> 01:31:53.920] I'm an Air Force pilot.
[01:31:53.920 --> 01:31:55.920] I'm a father who lost his son.
[01:31:55.920 --> 01:31:58.920] We're Americans, and we deserve the truth.
[01:31:58.920 --> 01:32:02.920] Go to RememberBuilding7.org today.
[01:32:02.920 --> 01:32:05.920] Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[01:32:05.920 --> 01:32:07.920] In today's America, we live in an us-against-them society.
[01:32:07.920 --> 01:32:09.920] And if we the people are ever going to have a free society,
[01:32:09.920 --> 01:32:12.920] then we're going to have to stand and defend our own rights.
[01:32:12.920 --> 01:32:15.920] Among those rights are the right to travel freely from place to place,
[01:32:15.920 --> 01:32:17.920] the right to act in our own private capacity,
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[01:33:01.920 --> 01:33:04.920] You are listening to the Logos Radio Network.
[01:33:04.920 --> 01:33:32.920] Logosradionetwork.com.
[01:33:34.920 --> 01:33:43.920] Okay.
[01:33:43.920 --> 01:33:44.920] We are back.
[01:33:44.920 --> 01:33:46.920] Randy Kelton, Brett Fountainville, Rule of Law Radio.
[01:33:46.920 --> 01:33:50.920] And we're talking to Melissa in Georgia.
[01:33:50.920 --> 01:33:51.920] See if I can get you.
[01:33:51.920 --> 01:33:52.920] There we go.
[01:33:52.920 --> 01:33:53.920] You're letting me get you.
[01:33:53.920 --> 01:33:54.920] Okay.
[01:33:54.920 --> 01:33:57.920] Where were we, Melissa?
[01:33:57.920 --> 01:34:01.920] I remember you were without standing.
[01:34:01.920 --> 01:34:04.920] Right, right, in the criminal case.
[01:34:04.920 --> 01:34:08.920] But you were giving me some advice in a civil manner.
[01:34:08.920 --> 01:34:16.920] And do I need to wait for him to be convicted before I can take civil action?
[01:34:16.920 --> 01:34:18.920] No.
[01:34:18.920 --> 01:34:19.920] No.
[01:34:19.920 --> 01:34:20.920] Oh.
[01:34:20.920 --> 01:34:23.920] He doesn't need to be convicted for you to take civil action.
[01:34:23.920 --> 01:34:29.920] And if you take civil action and you tell the court that you have video of this guy stealing your,
[01:34:29.920 --> 01:34:36.920] please have video of him stealing your purse and the JP,
[01:34:36.920 --> 01:34:42.920] this would probably be in a justice court, will get it.
[01:34:42.920 --> 01:34:45.920] He'll realize what you're trying to do.
[01:34:45.920 --> 01:34:56.920] And very likely he'll get you the discovery you want and enforce it with more warrants against him,
[01:34:56.920 --> 01:35:02.920] with contempt to court.
[01:35:02.920 --> 01:35:03.920] Good.
[01:35:03.920 --> 01:35:09.920] And how do I stop him from getting a bond or getting a plea deal?
[01:35:09.920 --> 01:35:12.920] Is there any way of doing that?
[01:35:12.920 --> 01:35:15.920] That will be extremely hard to do.
[01:35:15.920 --> 01:35:20.920] There's only a couple of things for which you can't get bond.
[01:35:20.920 --> 01:35:23.920] He has a constitutional right to bond.
[01:35:23.920 --> 01:35:32.920] Unless you can show that he's a flight risk, that he has failed to appear.
[01:35:32.920 --> 01:35:37.920] If he's bail jumped in other cases, then you might get him held without bond.
[01:35:37.920 --> 01:35:44.920] But for that, you'd probably need a private detective to do a criminal history on the guy.
[01:35:44.920 --> 01:35:47.920] And it's probably a good idea anyway.
[01:35:47.920 --> 01:35:53.920] Yeah, there's some services that are offered to the sheriff.
[01:35:53.920 --> 01:36:02.920] So if I take the civil action against him, then that opens me up to be able to get discovery.
[01:36:02.920 --> 01:36:07.920] Everything you get in discovery, you can give to the police.
[01:36:07.920 --> 01:36:12.920] And you can ask for stuff they can't ask for.
[01:36:12.920 --> 01:36:16.920] Okay.
[01:36:16.920 --> 01:36:26.920] So I have another question that's part of this is our sheriff has, oh, I don't know the word, mandated maybe,
[01:36:26.920 --> 01:36:32.920] that we can't bring our cell phones in our courthouse, not courtroom.
[01:36:32.920 --> 01:36:40.920] And I've asked for an official declaration, something judicial with a judicial seal on it,
[01:36:40.920 --> 01:36:48.920] a fake seal, anything at all on paper showing their authority at the door to stop me from bringing in my cell phone.
[01:36:48.920 --> 01:36:50.920] And they don't have it.
[01:36:50.920 --> 01:36:53.920] Oh, it doesn't exist.
[01:36:53.920 --> 01:37:00.920] When they tell you you can't bring in your cell phone, call 911.
[01:37:00.920 --> 01:37:02.920] Okay.
[01:37:02.920 --> 01:37:12.920] I asked the police to file criminal charges against them for exerting or purporting to exert an authority they do not expressly have.
[01:37:12.920 --> 01:37:19.920] I was going into the court in Victoria County with Dr. Joe, and I had passed the metal detector.
[01:37:19.920 --> 01:37:26.920] And I heard a bailiff say to Dr. Joe, if you can't go through the metal detector, you can't come in this building.
[01:37:26.920 --> 01:37:28.920] And I said, he's my witness.
[01:37:28.920 --> 01:37:30.920] Yes, he can.
[01:37:30.920 --> 01:37:33.920] He said, well, we have our policy.
[01:37:33.920 --> 01:37:34.920] I said, you have your policy.
[01:37:34.920 --> 01:37:36.920] I've got my Constitution.
[01:37:36.920 --> 01:37:44.920] And to the degree your policy is not in compliance with my Constitution, you can use your policy for toilet paper.
[01:37:44.920 --> 01:37:47.920] And immediately he shifted gears.
[01:37:47.920 --> 01:37:51.920] He said, Mr. DeRussel, if you use this stuff over here, I've got this wand.
[01:37:51.920 --> 01:37:54.920] I can use it, and you'll be fine.
[01:37:54.920 --> 01:37:58.920] All huffy-puffy, and you do all this garbage until somebody stands up to them.
[01:37:58.920 --> 01:38:12.920] So when they tell you you can't come in without a cell phone, you dial 911 and ask the responding officer to take your criminal complaint of official misconduct against this bailiff.
[01:38:12.920 --> 01:38:14.920] And he's going to feel like he's innocent.
[01:38:14.920 --> 01:38:17.920] He's just doing what somebody told him to.
[01:38:17.920 --> 01:38:21.920] And he'll probably say, you know, the judge issued this ruling.
[01:38:21.920 --> 01:38:23.920] Well, you don't care about what the judge did.
[01:38:23.920 --> 01:38:27.920] The judge is not the one that denied you and your right.
[01:38:27.920 --> 01:38:29.920] He did.
[01:38:29.920 --> 01:38:31.920] Let him explain it to the judge.
[01:38:31.920 --> 01:38:36.920] And this is likely to get it turned over if that's a fight you want to have.
[01:38:36.920 --> 01:38:41.920] Well, I went in there a few months ago and questioned this whole thing.
[01:38:41.920 --> 01:38:43.920] It was before all this happened.
[01:38:43.920 --> 01:38:45.920] And so I've got that answer with that.
[01:38:45.920 --> 01:38:53.920] But then after that happened, I came back, and they put on the sign that it was per the sheriff.
[01:38:53.920 --> 01:38:55.920] And I was like, oh, nice.
[01:38:55.920 --> 01:38:57.920] Wait, wait, per what?
[01:38:57.920 --> 01:39:00.920] Per our sheriff.
[01:39:00.920 --> 01:39:02.920] What?
[01:39:02.920 --> 01:39:05.920] Is he a legislator now?
[01:39:05.920 --> 01:39:09.920] Exactly. Right?
[01:39:09.920 --> 01:39:10.920] Yeah.
[01:39:10.920 --> 01:39:24.920] So when I went to the sheriff's office about this whole issue with my purse, I said I need some way, some sort of permit or something to be able to access my,
[01:39:24.920 --> 01:39:26.920] I had my phone in the courthouse.
[01:39:26.920 --> 01:39:27.920] And I said, sure.
[01:39:27.920 --> 01:39:28.920] Here's a form.
[01:39:28.920 --> 01:39:34.920] Well, I look at the form, and it's an attorney form to sign.
[01:39:34.920 --> 01:39:37.920] And you show your bar card when you go in the courthouse.
[01:39:37.920 --> 01:39:40.920] And I'm like, I'm not an attorney.
[01:39:40.920 --> 01:39:42.920] And I didn't have to have this.
[01:39:42.920 --> 01:39:48.920] So I've worked on something to type up that says, you know, here's my constitutional rights.
[01:39:48.920 --> 01:39:54.920] And I don't, you know, I don't.
[01:39:54.920 --> 01:39:59.920] The best way to get it before the court is to file criminal charges against whoever blocks you.
[01:39:59.920 --> 01:40:02.920] Let them prove up that they have standing to do it.
[01:40:02.920 --> 01:40:10.920] And then sue them personally if this is a fight you want to have.
[01:40:10.920 --> 01:40:15.920] Well, frankly, I like calling 911.
[01:40:15.920 --> 01:40:21.920] Make up a criminal complaint against the officer for official misconduct.
[01:40:21.920 --> 01:40:24.920] Have it all written out and leave a blank for the name.
[01:40:24.920 --> 01:40:30.920] So when you get there and someone tells you you can't come in, you step back, call 911.
[01:40:30.920 --> 01:40:38.920] And when the 911 officer responds, you ask this bailiff for his name and you write it in.
[01:40:38.920 --> 01:40:43.920] You sign it at the bottom, give it to the officer, the 911 officer.
[01:40:43.920 --> 01:40:46.920] He's going to know you set this up.
[01:40:46.920 --> 01:40:53.920] And then have another complaint ready so that when he refuses to take the complaint you give him,
[01:40:53.920 --> 01:40:59.920] then you ask for a supervisor and take out your complaint against the 911 officer
[01:40:59.920 --> 01:41:01.920] that you already have written up.
[01:41:01.920 --> 01:41:11.920] Get his name, sign his name into it and give it to the responding supervisor.
[01:41:11.920 --> 01:41:16.920] They are not going to be happy campers and then follow the process.
[01:41:16.920 --> 01:41:26.920] What does the criminal procedure code in Georgia say about duties of magistrates
[01:41:26.920 --> 01:41:32.920] and duties of police officers when they have knowledge that a crime has been committed?
[01:41:32.920 --> 01:41:40.920] In Texas, it says that if an officer has a reason to believe that a crime has been committed,
[01:41:40.920 --> 01:41:44.920] he shall give notice to some magistrate.
[01:41:44.920 --> 01:41:48.920] See what it says in Georgia.
[01:41:48.920 --> 01:41:53.920] And then you can always fall back on official misconduct.
[01:41:53.920 --> 01:41:57.920] If he's required to give notice to some magistrate and he doesn't,
[01:41:57.920 --> 01:42:03.920] you charge him with official misconduct, which is generally a Class 8 misdemeanor.
[01:42:03.920 --> 01:42:04.920] You get him wound up.
[01:42:04.920 --> 01:42:09.920] You don't force him to look at the issue.
[01:42:09.920 --> 01:42:10.920] Yeah, exactly.
[01:42:10.920 --> 01:42:14.920] Could everyone in this whole county could file something on them
[01:42:14.920 --> 01:42:20.920] because they'll just kind of walk in like they are supposed to be getting treated this way.
[01:42:20.920 --> 01:42:23.920] Like, stop.
[01:42:23.920 --> 01:42:32.920] They just do whatever they're told until somebody stands up and steps on their toes.
[01:42:32.920 --> 01:42:34.920] Yeah.
[01:42:34.920 --> 01:42:36.920] Well, I believe that was all.
[01:42:36.920 --> 01:42:39.920] I did have to go over the chief's head.
[01:42:39.920 --> 01:42:43.920] I did not file anything criminally on him
[01:42:43.920 --> 01:42:49.920] because I just wanted this whole thing to just hurry up, this guy to get arrested.
[01:42:49.920 --> 01:42:58.920] I did go over his head and file like a professional conduct complaint.
[01:42:58.920 --> 01:43:05.920] Oh, if he chewed you out, that's obstruction witness tampering.
[01:43:05.920 --> 01:43:07.920] Oh, let me tell you what he did.
[01:43:07.920 --> 01:43:12.920] He even cut himself off from me being able to contact him.
[01:43:12.920 --> 01:43:16.920] I've been really professional because I've learned a lot from you guys.
[01:43:16.920 --> 01:43:22.920] I've been very professional and just answering questions as needed and helping on them.
[01:43:22.920 --> 01:43:28.920] Anything that I can offer, I've been forthcoming and everything.
[01:43:28.920 --> 01:43:36.920] So when he, his whole home thing, when he thought I went over his head.
[01:43:36.920 --> 01:43:41.920] If he's cut you off, then file on him.
[01:43:41.920 --> 01:43:44.920] File against the mayor because of him.
[01:43:44.920 --> 01:43:49.920] Hang on, Randy Kelton, Brett Fountain, we have our radio.
[01:43:49.920 --> 01:43:51.920] We still have full board to call it.
[01:43:51.920 --> 01:43:53.920] We only have one segment left.
[01:43:53.920 --> 01:43:58.920] So if we can't get to you, call back tomorrow and we will put you ahead of the line.
[01:43:58.920 --> 01:44:00.920] You'll be right.
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[01:44:04.920 --> 01:44:06.920] except in the area of nutrition.
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[01:44:09.920 --> 01:44:11.920] And it's time we changed all that.
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[01:45:02.920 --> 01:45:05.920] Are you the plaintiff or defendant in a lawsuit?
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[01:45:29.920 --> 01:45:35.920] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
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[01:46:02.920 --> 01:46:15.920] This video is a presentation of the Law of Attraction Act, a law that implements the law of attrition.
[01:46:15.920 --> 01:46:20.920] The law of attrition is a law that implements the law of attrition.
[01:46:20.920 --> 01:46:25.920] It is the law of attrition that implements the law of attrition.
[01:46:25.920 --> 01:46:43.920] The law of attrition is the law of attrition.
[01:46:43.920 --> 01:46:47.920] Binoěš”
[01:46:47.920 --> 01:46:50.920] In During The War
[01:46:50.920 --> 01:47:04.440] Okay, we are back, Randy Kelton, Brett Fountain, Root of Law Radio, and we're talking to Melissa
[01:47:04.440 --> 01:47:05.440] in Georgia.
[01:47:05.440 --> 01:47:09.440] Okay, Melissa, where were we?
[01:47:09.440 --> 01:47:10.880] We need to close out pretty quick.
[01:47:10.880 --> 01:47:14.000] I've got three callers and one segment left.
[01:47:14.000 --> 01:47:25.400] Well, I think you've helped me a lot, so, yeah, I'll follow up later on the care thing.
[01:47:25.400 --> 01:47:27.360] But thank you so much.
[01:47:27.360 --> 01:47:29.800] It really helps me to know what I can do.
[01:47:29.800 --> 01:47:39.360] It feels like the system is just broken all the way around, so at least I have some, you
[01:47:39.360 --> 01:47:43.120] know, at least a way to go now, so I appreciate that.
[01:47:43.120 --> 01:47:44.120] Good.
[01:47:44.120 --> 01:47:45.400] Work them over.
[01:47:45.400 --> 01:47:46.400] It's good for them.
[01:47:46.400 --> 01:47:47.400] They need the exercise.
[01:47:47.400 --> 01:47:48.400] Okay.
[01:47:48.400 --> 01:47:54.560] Thank you, Melissa.
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[01:48:52.280 --> 01:49:07.680] You're listening to the Logos Radio Network at logosradionetwork.com.