ROL_2022-11-11_16k_Hr3-4.timecode

[00:00.000 --> 00:05.500]  The Bill of Rights contains the first ten amendments of our Constitution.
[00:05.500 --> 00:09.500]  They guarantee the specific freedoms Americans should know and protect.
[00:09.500 --> 00:11.000]  Our liberty depends on it.
[00:11.000 --> 00:16.500]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember your First Amendment rights.
[00:16.500 --> 00:18.500]  Privacy is under attack.
[00:18.500 --> 00:22.000]  When you give up data about yourself, you'll never get it back again.
[00:22.000 --> 00:26.500]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.500 --> 00:32.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.000 --> 00:34.500]  Privacy, it's worth hanging on to.
[00:34.500 --> 00:38.000]  This public service announcement is brought to you by Startpage.com,
[00:38.000 --> 00:42.000]  the private search engine alternative to Google, Yahoo, and Bing.
[00:42.000 --> 00:45.500]  Start over with Startpage.
[00:45.500 --> 00:47.500]  Spar, it's what fighters do.
[00:47.500 --> 00:51.000]  It's also how I remember the five guarantees of the First Amendment.
[00:51.000 --> 00:54.000]  If you plan to take away my rights, I'm going to spar with you.
[00:54.000 --> 00:56.500]  Spar with an extra P.
[00:56.500 --> 01:03.000]  S for speech, P for press, another P for petition, A for assembly, and R for religion.
[01:03.000 --> 01:08.500]  Most Americans are familiar with the First Amendment guarantees of free speech, press, assembly, and religion.
[01:08.500 --> 01:10.500]  But petition for redress is another matter.
[01:10.500 --> 01:14.500]  We have the right to petition the government for a redress of grievances.
[01:14.500 --> 01:17.500]  It means that if we're unhappy with what's going on in our government,
[01:17.500 --> 01:21.000]  we can spell out the reasons without fear of being thrown into jail.
[01:21.000 --> 01:30.500]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:30.500 --> 01:34.500]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:34.500 --> 01:38.000]  They guarantee it is specific freedoms Americans should know and protect.
[01:38.000 --> 01:39.500]  Our liberty depends on it.
[01:39.500 --> 01:43.000]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way
[01:43.000 --> 01:46.000]  to remember one of your constitutional rights.
[01:46.000 --> 01:48.000]  Privacy is under attack.
[01:48.000 --> 01:51.500]  When you give up data about yourself, you'll never get it back again.
[01:51.500 --> 01:56.500]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:56.500 --> 01:58.000]  So protect your rights.
[01:58.000 --> 02:01.500]  Say no to surveillance and keep your information to yourself.
[02:01.500 --> 02:04.000]  Privacy, it's worth hanging on to.
[02:04.000 --> 02:08.000]  This public service announcement is brought to you by StartPage.com,
[02:08.000 --> 02:12.000]  the private search engine alternative to Google, Yahoo, and Bing.
[02:12.000 --> 02:15.500]  Start over with StartPage.
[02:15.500 --> 02:19.500]  When I think of the Second Amendment, I visualize myself wrapping my two arms
[02:19.500 --> 02:22.000]  around the Bill of Rights in a big old bear hug.
[02:22.000 --> 02:26.000]  It's how I remember that the Second Amendment guarantees us the right to bear arms,
[02:26.000 --> 02:30.500]  arms that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.500 --> 02:33.500]  Get it? Two arms, bear hug, bear arms?
[02:33.500 --> 02:37.500]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.500 --> 02:38.500]  when he said,
[02:38.500 --> 02:43.500]  The right of the citizens to bear arms is just one guarantee against arbitrary government,
[02:43.500 --> 02:47.500]  one more safeguard against the tyranny which now appears remote in America,
[02:47.500 --> 02:50.500]  but which historically has proved to always be possible.
[02:50.500 --> 03:16.500]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[03:16.500 --> 03:20.500]  Well, I received my remedy today.
[03:20.500 --> 03:24.500]  It came in a box just like they say.
[03:24.500 --> 03:27.500]  I accepted it for value right away.
[03:27.500 --> 03:29.500]  It's not true.
[03:29.500 --> 03:31.500]  Not later.
[03:31.500 --> 03:33.500]  We are ready.
[03:33.500 --> 03:39.500]  Okay. Howdy, howdy. Brandy Kelton, Brett Fountain, Rule of Law Radio on this,
[03:39.500 --> 03:42.500]  the 11th day of November.
[03:42.500 --> 03:47.500]  It's Friday, the 11th day of November, 2022.
[03:47.500 --> 03:50.500]  And we're going to Daisy in Ohio.
[03:50.500 --> 03:52.500]  Hello, Daisy.
[03:52.500 --> 03:56.500]  What do you have for us today?
[03:56.500 --> 03:58.500]  Hi, guys.
[03:58.500 --> 03:59.500]  Howdy.
[03:59.500 --> 04:01.500]  Good evening.
[04:01.500 --> 04:03.500]  Hi, Brett.
[04:03.500 --> 04:12.500]  So mostly I kind of just have a little update on some of my traffic case,
[04:12.500 --> 04:20.500]  but then I had a couple questions on my mandamus actions that I have going.
[04:20.500 --> 04:27.500]  I had a traffic, I started fighting a traffic case a couple months ago,
[04:27.500 --> 04:33.500]  and it started to get a little overwhelming very quickly.
[04:33.500 --> 04:35.500]  Brett was helping me out so much.
[04:35.500 --> 04:41.500]  And I was actually at the point of just giving up because I just didn't think I could fight it anymore.
[04:41.500 --> 04:43.500]  I had...
[04:43.500 --> 04:45.500]  Yeah, they wear a stamp.
[04:45.500 --> 04:46.500]  They really do.
[04:46.500 --> 04:51.500]  And then with the other case I had, and then just life stuff, a few life events,
[04:51.500 --> 05:01.500]  and I was always trying to balance the stress, and then it was starting to look like it was actually going to cost me a lot more to fight it.
[05:01.500 --> 05:08.500]  And I had taken it on for experience and kind of like fun and experience, and oh, this is like a no.
[05:08.500 --> 05:15.500]  This is not serious, so the outcome isn't as important as just kind of learning.
[05:15.500 --> 05:20.500]  And so when it started to seem like it was taking over and causing me so much stress,
[05:20.500 --> 05:26.500]  I actually went into my last scheduled, it was supposed to be the trial,
[05:26.500 --> 05:30.500]  and was sitting there ready to just wave my white flag.
[05:30.500 --> 05:36.500]  And it was funny because I had seen a couple of the people before me,
[05:36.500 --> 05:43.500]  and the prosecutor bringing their file up with just like a slip of the ticket,
[05:43.500 --> 05:49.500]  and then I saw him come up with mine, this thick file with all my motions and things having been filed.
[05:49.500 --> 05:52.500]  So I was like, okay, I think that's my case.
[05:52.500 --> 05:59.500]  But then I saw them whispering up there, and they called me up and just dismissed it.
[05:59.500 --> 06:04.500]  So that was pretty great. I was really excited about that.
[06:04.500 --> 06:07.500]  And we always like to hear that.
[06:07.500 --> 06:10.500]  Yeah, I think I just bugged them just enough.
[06:10.500 --> 06:20.500]  What it was is that I had ended up trying, attempting to file an interlocutory appeal on the ruling
[06:20.500 --> 06:27.500]  because the judge or the magistrate really had overruled or denied my jurisdictional challenge.
[06:27.500 --> 06:34.500]  So I did the process of filing that, and then I had served it on the prosecutor and everything,
[06:34.500 --> 06:39.500]  and I think that was it. They just didn't want to mess with it.
[06:39.500 --> 06:45.500]  But because I actually didn't file it correctly, I filed it with the trial court, which is what the rules had said.
[06:45.500 --> 06:49.500]  But I was supposed to file with the appeals court.
[06:49.500 --> 06:54.500]  So it never got officially filed, which kind of I think worked out on my benefit
[06:54.500 --> 07:02.500]  because the magistrate had said, well, if it was, we called around and they said they don't have your case there.
[07:02.500 --> 07:06.500]  So if it is active, we can't rule on it here.
[07:06.500 --> 07:08.500]  So that all worked out really good.
[07:08.500 --> 07:18.500]  The prosecutor mumbled something about speedy trial, going over speedy trial, and that's why he decided to dismiss it.
[07:18.500 --> 07:31.500]  The best part, though, was at the end when the magistrate was saying, well, basically, I think it was with prejudice or without prejudice.
[07:31.500 --> 07:39.500]  So they could bring it back up if they wanted to. The prosecutor can re-charge me if he feels willing to.
[07:39.500 --> 07:49.500]  No, they can only bring it back up if they come up with new information they didn't have at the time of this prosecution.
[07:49.500 --> 07:51.500]  OK, he did not say that.
[07:51.500 --> 07:55.500]  They can't arbitrarily and capriciously bring this back.
[07:55.500 --> 08:02.500]  Well, and I think it was just to save face because I can't imagine. I mean, the charge was so ridiculous in the first place.
[08:02.500 --> 08:06.500]  But it was funny because she said, you know, and I kind of listed her and I was like, oh, well.
[08:06.500 --> 08:11.500]  And she's like, but don't worry, you will be properly served next time.
[08:11.500 --> 08:17.500]  I said, thank you. I would really appreciate that. That's all I've been asking for.
[08:17.500 --> 08:21.500]  And so I walked on out of there. That was pretty cool.
[08:21.500 --> 08:26.500]  So I don't want to let your readers or your readers, your listeners know that.
[08:26.500 --> 08:30.500]  And I only did I didn't even do everything I could have done.
[08:30.500 --> 08:34.500]  I didn't I don't even think I did 50 percent of what I could have really done.
[08:34.500 --> 08:38.500]  So, yeah, you know, that was pretty cool.
[08:38.500 --> 08:43.500]  I think I'll do it again if I after I get a little bit of a break, maybe next year.
[08:43.500 --> 08:46.500]  Was that a good education or what?
[08:46.500 --> 08:49.500]  It was an it was an awesome education. Yeah, it really was.
[08:49.500 --> 08:51.500]  I feel a lot more I was not prepared.
[08:51.500 --> 08:56.500]  You know, I was thinking I was just starting to get into the thing and then it just hits you.
[08:56.500 --> 09:00.500]  And then they go so fast, which is so funny because like them.
[09:00.500 --> 09:03.500]  Yeah, they just it's like bam, bam, bam.
[09:03.500 --> 09:07.500]  Well, that's their dance. They're used to it.
[09:07.500 --> 09:10.500]  And just think, Daisy, you were right on the cusp.
[09:10.500 --> 09:12.500]  You were just about to give up.
[09:12.500 --> 09:15.500]  You were just about and imagine how different it would be now.
[09:15.500 --> 09:20.500]  I mean, not just in terms of you would have paid them one, two, three hundred dollars,
[09:20.500 --> 09:24.500]  but in terms of the way you would feel about the system
[09:24.500 --> 09:31.500]  and the way you would feel about who you are and how you can handle things in the future.
[09:31.500 --> 09:34.500]  That's that cusp.
[09:34.500 --> 09:38.500]  Daisy, next time you see those lights come on behind you,
[09:38.500 --> 09:43.500]  is it going to give you butterflies in the pit of your stomach?
[09:43.500 --> 09:47.500]  Of excitement.
[09:47.500 --> 09:52.500]  Those lights come on behind me and I tend to look up in a rearview mirror and think,
[09:52.500 --> 10:00.500]  Bubba, I'm about to introduce you to a what was how do I say that, Brett?
[10:00.500 --> 10:06.500]  To a legal end of the bull fight you are not going to believe.
[10:06.500 --> 10:09.500]  Yeah. Yeah. Next time I would like to really get on.
[10:09.500 --> 10:12.500]  I didn't do criminal. I didn't do any criminal complaints.
[10:12.500 --> 10:17.500]  I actually never bar grieved and so that's what I kind of know I really dropped.
[10:17.500 --> 10:19.500]  Oh, that's shameful.
[10:19.500 --> 10:20.500]  I know.
[10:20.500 --> 10:26.500]  You didn't bar grieve them? Oh, I can't believe this.
[10:26.500 --> 10:31.500]  Well, I figured maybe now that I'm out, I can go back in and be like, well, you know.
[10:31.500 --> 10:34.500]  Oh, you can.
[10:34.500 --> 10:38.500]  That would be even better. They think they've just skated out from under this one.
[10:38.500 --> 10:41.500]  What they did was give you a shot at them.
[10:41.500 --> 10:46.500]  The federal supreme recently ruled.
[10:46.500 --> 10:59.500]  The previous ruling was that if the prosecution dismissed a criminal case, you couldn't sue them.
[10:59.500 --> 11:02.500]  They just changed that ruling.
[11:02.500 --> 11:06.500]  They used to say you had to win the case in order to be able to sue.
[11:06.500 --> 11:09.500]  They changed it.
[11:09.500 --> 11:21.500]  If the prosecution dismisses, that's tantamount to an admission that the case was improper to begin with and you can sue them.
[11:21.500 --> 11:30.500]  Now, you've been the defendant and it's been difficult and oppressive and a struggle.
[11:30.500 --> 11:36.500]  When you sue them, oh, it is so much fun.
[11:36.500 --> 11:37.500]  Yeah.
[11:37.500 --> 11:43.500]  You should have been in court with me last time when I sued this magistrate.
[11:43.500 --> 11:51.500]  That was so much fun, especially when I said, Mr. Bailiff, arrest that judge.
[11:51.500 --> 11:57.500]  I didn't laugh and giggle, but it was a struggle.
[11:57.500 --> 11:59.500]  Yeah.
[11:59.500 --> 12:04.500]  The JP I sued was sitting there in the courtroom.
[12:04.500 --> 12:11.500]  He had me do that to him with his bailiff.
[12:11.500 --> 12:14.500]  Then I filed criminal charges against him.
[12:14.500 --> 12:20.500]  I did that with the next judge, the judge that was ruling over his case.
[12:20.500 --> 12:27.500]  He had to watch me do it again, knowing I'm going after this judge for not screwing the first judge.
[12:27.500 --> 12:31.500]  This is where it gets fun.
[12:31.500 --> 12:34.500]  Yeah, I want to get there.
[12:34.500 --> 12:36.500]  I can definitely see.
[12:36.500 --> 12:41.500]  It was really nice to get that dismissal because it was like, okay.
[12:41.500 --> 12:45.500]  At least for me, it was a bit of an emotional roller coaster.
[12:45.500 --> 12:49.500]  I have a win and then I go down.
[12:49.500 --> 12:51.500]  Yeah, it was awesome.
[12:51.500 --> 12:54.500]  I still do have something coming up though.
[12:54.500 --> 13:02.500]  I have four mandamus actions, four of them that have been consolidated.
[13:02.500 --> 13:06.500]  That's been a dragging out process a little bit.
[13:06.500 --> 13:10.500]  Give us a little bit of background.
[13:10.500 --> 13:14.500]  Yeah, it's with the school district.
[13:14.500 --> 13:20.500]  Over the past last year, I had made a series of public records requests.
[13:20.500 --> 13:24.500]  The first one I made was the big one and it was during COVID.
[13:24.500 --> 13:32.500]  I had requested for basically all the internal communication between the health department
[13:32.500 --> 13:40.500]  and the school district admin discussing COVID and discussing the quarantine measures and things.
[13:40.500 --> 13:42.500]  It was a really big record request.
[13:42.500 --> 13:49.500]  However, the treasurer at the time agreed to it.
[13:49.500 --> 13:53.500]  Then for about six months, they were giving me the runaround.
[13:53.500 --> 13:56.500]  He actually left the district during that time.
[13:56.500 --> 13:59.500]  They had an interim no treasurer for a while.
[13:59.500 --> 14:03.500]  They just completely gave me the runaround.
[14:03.500 --> 14:10.500]  They kept giving me different timelines of when it would be due, but they're never following through.
[14:10.500 --> 14:20.500]  Then during that time, I'd also had three other records requests I had made that they never fulfilled.
[14:20.500 --> 14:22.500]  Well, actually four others.
[14:22.500 --> 14:26.500]  There's five all together, different requests.
[14:26.500 --> 14:34.500]  Then I ended up filing mandamus on four of them, one of them I still haven't filed on.
[14:34.500 --> 14:44.500]  I wrote my pleading and they filed an extension, then they answered.
[14:44.500 --> 14:47.500]  Then I wrote a response to their answer.
[14:47.500 --> 14:53.500]  Then they requested a status conference.
[14:53.500 --> 15:02.500]  I motioned against it, but the judge went for it, so we have a status conference set for the 16th.
[15:02.500 --> 15:08.500]  My question, I have two easy questions.
[15:08.500 --> 15:12.500]  I was just wondering if you guys had any advice going into this.
[15:12.500 --> 15:23.500]  The one thing I really want to do is, while I'm trying to get as much out of them as I can off this,
[15:23.500 --> 15:35.500]  in Ohio there's a $1,000 basically limit for each action.
[15:35.500 --> 15:41.500]  They don't stat cases for what is essentially the same public records request.
[15:41.500 --> 15:44.500]  I do believe these are going to be, even though they consolidated them,
[15:44.500 --> 15:50.500]  I believe unless the judge just doesn't care that they're obviously separate actions.
[15:50.500 --> 16:01.500]  There should be four awards of statutory damages of $1,000, should be, unless he just does whatever he wants.
[16:01.500 --> 16:11.500]  If you can show bad faith, then you can get your court costs covered and attorney fees.
[16:11.500 --> 16:18.500]  However, all my research shows that basically I can't get attorney fees because of being pro se.
[16:18.500 --> 16:22.500]  So unless I come up with, unless I'm able to sanction them,
[16:22.500 --> 16:35.500]  like I'm thinking through Rule 11 of some sort, I'm going to be tapped out at that $1,000 per case award.
[16:35.500 --> 16:41.500]  So I was curious if you guys had any advice on how to get sanctions
[16:41.500 --> 16:49.500]  or if you've ever heard of a pro se getting awarded attorney fees or anything along those lines.
[16:49.500 --> 16:52.500]  Okay, hang on. We'll address this on the other side.
[16:52.500 --> 16:55.500]  Randy Kelton, Brett Fountain, Rule of Our Radio.
[16:55.500 --> 16:59.500]  We've got actually five on the board, which is unusual.
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[17:49.500 --> 18:01.500]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
[18:01.500 --> 18:04.500]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
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[19:23.500 --> 19:28.500]  You know what I mean, my friend, Mala Jackson.
[19:53.500 --> 19:58.500]  He's everything. He's everything to me, that's why I call him.
[19:58.500 --> 20:01.500]  I'm talking to him and I pray to him.
[20:01.500 --> 20:04.500]  Because he's the only one who could answer him.
[20:04.500 --> 20:07.500]  It ain't no business what we can't man say him.
[20:07.500 --> 20:09.500]  Mankind, you know, is leading me.
[20:09.500 --> 20:12.500]  Can I trust in God, my friend?
[20:12.500 --> 20:15.500]  Telling you problems, then.
[20:15.500 --> 20:18.500]  I'll say it once again.
[20:18.500 --> 20:21.500]  Can I tell you that He worked me?
[20:21.500 --> 20:24.500]  Trust in God, my friend.
[20:24.500 --> 20:27.500]  Telling you problems, then.
[20:27.500 --> 20:30.500]  I'll say it once again.
[20:30.500 --> 20:33.500]  Miracle, you know He worked me.
[20:33.500 --> 20:36.500]  That's what you call Him, you call Him Buhuda.
[20:36.500 --> 20:39.500]  You call Him an Allah or you call Him Jeovia.
[20:39.500 --> 20:42.500]  Cop on His name and you call Rasta.
[20:42.500 --> 20:45.500]  Pray to Him and He'll deliver.
[20:45.500 --> 20:48.500]  Miracle, He worked and He worked it all over.
[20:48.500 --> 20:51.500]  He's the only one who could answer me.
[20:51.500 --> 20:54.500]  Mankind, you know, is leading me.
[20:54.500 --> 20:57.500]  Can I trust in God, my friend?
[20:57.500 --> 21:00.500]  Telling you problems, then.
[21:00.500 --> 21:03.500]  I'll say it once again.
[21:03.500 --> 21:06.500]  Miracle, you know He worked me.
[21:06.500 --> 21:09.500]  Trust in God, my friend.
[21:09.500 --> 21:12.500]  Telling you problems, then.
[21:12.500 --> 21:15.500]  I'll say it once again.
[21:15.500 --> 21:17.500]  Miracle, you know He worked me.
[21:17.500 --> 21:20.500]  Randy Kelton, Brett Fountain, Rue LaRoy Radio.
[21:20.500 --> 21:21.500]  Is this the top of the hour?
[21:21.500 --> 21:22.500]  No, okay.
[21:22.500 --> 21:25.500]  And we're talking to Daisy in Ohio
[21:25.500 --> 21:27.500]  and she's been crowing like a rooster
[21:27.500 --> 21:32.500]  and that's because she has crowing rights.
[21:32.500 --> 21:35.500]  I have, too.
[21:35.500 --> 21:37.500]  It's always nice to meet them.
[21:37.500 --> 21:42.500]  Now, you were mentioning you have a right to cost,
[21:42.500 --> 21:45.500]  but not attorney fees.
[21:45.500 --> 21:47.500]  That's okay.
[21:47.500 --> 21:50.500]  Whatever your attorney fees were,
[21:50.500 --> 21:52.500]  you know, attorney fees would go to the attorney,
[21:52.500 --> 21:55.500]  but since you don't have one,
[21:55.500 --> 21:59.500]  I'm sure you talked to a number of attorneys
[21:59.500 --> 22:02.500]  and paid them a whole bunch of money
[22:02.500 --> 22:08.500]  to give you advice to help you fight your own case.
[22:08.500 --> 22:12.500]  So that's part of your costs.
[22:12.500 --> 22:17.500]  It's just a matter of which line in the ledger you put it in.
[22:17.500 --> 22:18.500]  Yeah.
[22:18.500 --> 22:19.500]  I guess we'll see.
[22:19.500 --> 22:20.500]  Yeah, we'll see.
[22:20.500 --> 22:25.500]  Because from all the case laws I've been looking at,
[22:25.500 --> 22:29.500]  they're just very, very, it's a very rare thing.
[22:29.500 --> 22:33.500]  And the court costs is saying it's remedial,
[22:33.500 --> 22:36.500]  not punitive, the different awards.
[22:36.500 --> 22:42.500]  So it's like even when they have awarded an attorney fee,
[22:42.500 --> 22:51.500]  there's like very detailed, you know, I guess, receipt or call-up.
[22:51.500 --> 22:53.500]  It's just to have your costs.
[22:53.500 --> 22:57.500]  How much are you, I'm not even going to ask you how much you make an hour.
[22:57.500 --> 23:00.500]  How much are you worth an hour?
[23:00.500 --> 23:03.500]  No, I'm worth a lot an hour.
[23:03.500 --> 23:04.500]  Good.
[23:04.500 --> 23:06.500]  So how many hours did you spend?
[23:06.500 --> 23:08.500]  Not as an attorney, but hours and hours and hours.
[23:08.500 --> 23:09.500]  Yeah.
[23:09.500 --> 23:12.500]  Don't worry about attorney fees.
[23:12.500 --> 23:14.500]  Give them a number.
[23:14.500 --> 23:15.500]  Yeah.
[23:15.500 --> 23:17.500]  Okay, that's also my question too.
[23:17.500 --> 23:26.500]  So once he rules, then do I, is that when I then motion for the fees
[23:26.500 --> 23:29.500]  and the costs and things?
[23:29.500 --> 23:34.500]  Or is that something I do before the ruling is made?
[23:34.500 --> 23:36.500]  That's a good question.
[23:36.500 --> 23:43.500]  Because I've seen it where they make the ruling and then they give the,
[23:43.500 --> 23:49.500]  well, the realtor 30 days to submit any last motion.
[23:49.500 --> 23:54.500]  So I'm a little confused about the process.
[23:54.500 --> 23:58.500]  It would go to the rules.
[23:58.500 --> 24:01.500]  Brent, that's interesting.
[24:01.500 --> 24:05.500]  I get a ruling in my favor and I get granted costs.
[24:05.500 --> 24:12.500]  Do I have to have the costs in front of the court before I get,
[24:12.500 --> 24:17.500]  before the court can grant me costs?
[24:17.500 --> 24:23.500]  I would think you need them before the court beforehand so that the other side
[24:23.500 --> 24:28.500]  has an opportunity to raise an opposition to the amount.
[24:28.500 --> 24:32.500]  I would certainly raise an opposition if they said that they were going to get costs
[24:32.500 --> 24:34.500]  and I don't know what they are.
[24:34.500 --> 24:35.500]  Yeah.
[24:35.500 --> 24:42.500]  I got a call when I was in North Carolina about two guys who were being prosecuted
[24:42.500 --> 24:53.500]  by the feds and they had filed some liens.
[24:53.500 --> 24:56.500]  And I said, well, how much were the liens?
[24:56.500 --> 24:58.500]  Eleven trillion.
[24:58.500 --> 25:00.500]  Oh.
[25:00.500 --> 25:02.500]  Well, what was the issue?
[25:02.500 --> 25:05.500]  Traffic.
[25:05.500 --> 25:09.500]  See, now, that was a little bit high.
[25:09.500 --> 25:14.500]  So, you know, I would have said, wait a minute, wait a minute.
[25:14.500 --> 25:20.500]  Eleven trillion is a little bit high over a traffic ticket.
[25:20.500 --> 25:21.500]  Excuse my point.
[25:21.500 --> 25:26.500]  The other side will probably need an opportunity to oppose the amount you charge.
[25:26.500 --> 25:33.500]  But if you're worth a lot per hour and you have accumulated lots and lots of hours,
[25:33.500 --> 25:36.500]  oh, you need a ledger.
[25:36.500 --> 25:39.500]  I spent this many hours this day, this many hours this day,
[25:39.500 --> 25:42.500]  this many hours this day at what?
[25:42.500 --> 25:43.500]  What's the lawyer get?
[25:43.500 --> 25:46.500]  Two hundred bucks an hour?
[25:46.500 --> 25:49.500]  I've had work for five hundred an hour.
[25:49.500 --> 25:50.500]  Okay.
[25:50.500 --> 25:51.500]  That'll work.
[25:51.500 --> 25:52.500]  Yes.
[25:52.500 --> 25:58.500]  If you win your case, you're worth five hundred an hour.
[25:58.500 --> 26:00.500]  Well, so I'm going to give this a go.
[26:00.500 --> 26:02.500]  You did what the lawyer could not do.
[26:02.500 --> 26:04.500]  Yes.
[26:04.500 --> 26:08.500]  I know, and I know, but I just keep seeing it written in the case law
[26:08.500 --> 26:12.500]  and the rules that, like, you cannot supplement yourself that way.
[26:12.500 --> 26:15.500]  And they're only going to, the court costs are exact.
[26:15.500 --> 26:17.500]  They're like my filing fees.
[26:17.500 --> 26:21.500]  So I'm just thinking that that seems to be the trend.
[26:21.500 --> 26:24.500]  No, no, that wasn't what you said.
[26:24.500 --> 26:29.500]  In Ohio, you had a right to your cost.
[26:29.500 --> 26:31.500]  Now, court costs is always set up separately.
[26:31.500 --> 26:33.500]  It breaks it down.
[26:33.500 --> 26:34.500]  It breaks it down.
[26:34.500 --> 26:38.500]  And I've read where that does not, that does not,
[26:38.500 --> 26:42.500]  it's limited to, like, your literal, like, filing fees.
[26:42.500 --> 26:44.500]  I've seen it before.
[26:44.500 --> 26:45.500]  So I don't know.
[26:45.500 --> 26:47.500]  I mean, I guess it's the...
[26:47.500 --> 26:48.500]  Okay.
[26:48.500 --> 26:51.500]  So when you said costs, that's like every other state.
[26:51.500 --> 26:54.500]  If I win and I'm not a lawyer, I can get costs.
[26:54.500 --> 26:57.500]  And that's, say, I'm the plaintiff.
[26:57.500 --> 26:59.500]  But your filing fees.
[26:59.500 --> 27:04.500]  My filing fees, everything I had to pay to the court,
[27:04.500 --> 27:07.500]  how much it cost me to get down there and back,
[27:07.500 --> 27:09.500]  they don't care about that.
[27:09.500 --> 27:11.500]  They don't care about that.
[27:11.500 --> 27:19.500]  So you probably won't get past that unless you sue them.
[27:19.500 --> 27:21.500]  Right.
[27:21.500 --> 27:24.500]  You sue them for your costs when you're out.
[27:24.500 --> 27:25.500]  Okay.
[27:25.500 --> 27:28.500]  If they prosecute you and they force you to respond,
[27:28.500 --> 27:31.500]  in the prosecution, they can't reward you anymore.
[27:31.500 --> 27:33.500]  But, oh, wait a minute.
[27:33.500 --> 27:34.500]  Step back.
[27:34.500 --> 27:36.500]  They sued you or you sued them?
[27:36.500 --> 27:38.500]  I'm suing them.
[27:38.500 --> 27:39.500]  Okay.
[27:39.500 --> 27:44.500]  You should have a right to your, whatever your claim is.
[27:44.500 --> 27:47.500]  What was your claim against them?
[27:47.500 --> 27:50.500]  So the mandamus, so...
[27:50.500 --> 27:52.500]  No, wait, wait, wait.
[27:52.500 --> 27:53.500]  No, no, no, no.
[27:53.500 --> 27:54.500]  That's different.
[27:54.500 --> 27:55.500]  The mandamus.
[27:55.500 --> 28:01.500]  What was the nature of the case from which you filed a mandamus?
[28:01.500 --> 28:04.500]  It was a public records violation.
[28:04.500 --> 28:09.500]  And what does public records allow you?
[28:09.500 --> 28:16.500]  It allows me the statutory award if the court orders that.
[28:16.500 --> 28:19.500]  And it allows me court costs.
[28:19.500 --> 28:23.500]  And if they're found in bad faith,
[28:23.500 --> 28:29.500]  which I do believe I have the one is black and white bad faith,
[28:29.500 --> 28:35.500]  I can be awarded attorney's fees, but I don't have an attorney.
[28:35.500 --> 28:40.500]  So you're probably not going to get past that.
[28:40.500 --> 28:42.500]  So then that's what I was thinking.
[28:42.500 --> 28:46.500]  So then my question is, that's when I was, in my research,
[28:46.500 --> 28:52.500]  I saw where it was recommended to go ahead and try to use Rule 11,
[28:52.500 --> 28:58.500]  sanctioning and get your rewards that way.
[28:58.500 --> 29:00.500]  And that's why I was trying to dig in a little bit,
[29:00.500 --> 29:08.500]  because what I thought I might be able to try to do is on the one case
[29:08.500 --> 29:17.500]  in particular, their defense is that the emails, the COVID emails,
[29:17.500 --> 29:23.500]  they were answered back and said that that request was too broad,
[29:23.500 --> 29:25.500]  and that's why they didn't.
[29:25.500 --> 29:29.500]  No, no, okay, they can't, hold on, something's wrong with that.
[29:29.500 --> 29:40.500]  Now, I'm in Texas, and in Texas if a custodian considers the request as too broad,
[29:40.500 --> 29:47.500]  they must petition the state attorney general for an opinion to determine
[29:47.500 --> 29:48.500]  whether it's too broad or not.
[29:48.500 --> 29:50.500]  They don't get to make that determination.
[29:50.500 --> 30:00.500]  Hang on, Randy Kelton, Brett Fountain, Rule of Law Radio, we'll be right back.
[30:00.500 --> 30:03.500]  Everyone knows that walking is a great exercise,
[30:03.500 --> 30:08.500]  but you might want to know that the way you walk could predict how long you're going to live.
[30:08.500 --> 30:10.500]  I'm Dr. Catherine Albrecht, and I'll be back to tell you more
[30:10.500 --> 30:14.500]  about walking prognostication in just a moment.
[30:14.500 --> 30:16.500]  Privacy is under attack.
[30:16.500 --> 30:19.500]  When you give up data about yourself, you'll never get it back again.
[30:19.500 --> 30:24.500]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:24.500 --> 30:29.500]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:29.500 --> 30:32.500]  Privacy, it's worth hanging on to.
[30:32.500 --> 30:35.500]  This public service announcement is brought to you by StartPage.com,
[30:35.500 --> 30:39.500]  the private search engine alternative to Google, Yahoo, and Bing.
[30:39.500 --> 30:43.500]  Start over with StartPage.
[30:43.500 --> 30:47.500]  New research shows how fast you walk could predict how long you're going to live.
[30:47.500 --> 30:51.500]  The Journal of the American Medical Association reports that older adults
[30:51.500 --> 30:55.500]  who walk one meter per second or faster live longer than expected.
[30:55.500 --> 30:59.500]  In case you're wondering, one meter per second is about two and a quarter miles per hour.
[30:59.500 --> 31:04.500]  A senior's age, gender, and walking speed were as good at predicting life expectancy
[31:04.500 --> 31:07.500]  as more traditional statistical measures.
[31:07.500 --> 31:10.500]  Generally speaking, faster walkers live longer.
[31:10.500 --> 31:13.500]  Measuring walking speed is quick and inexpensive.
[31:13.500 --> 31:16.500]  It only takes a stopwatch, some space to walk, and a few minutes.
[31:16.500 --> 31:21.500]  Researchers say it could help doctors identify older patients who need special care.
[31:21.500 --> 31:30.500]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:30.500 --> 31:34.500]  I lost my son, my nephew, my uncle, my son on September 11, 2001.
[31:34.500 --> 31:38.500]  Most people don't know that a third tower fell on September 11.
[31:38.500 --> 31:42.500]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:42.500 --> 31:46.500]  Although the official exclamation is that fire brought down Building 7,
[31:46.500 --> 31:50.500]  over 1,200 architects and engineers have looked into the evidence
[31:50.500 --> 31:52.500]  and believe there is more to the story.
[31:52.500 --> 31:55.500]  Bring justice to my son, my uncle, my nephew, my son.
[31:55.500 --> 32:01.500]  Go to buildingwhat.org, why it fell, why it matters, and what you can do.
[32:01.500 --> 32:04.500]  Are you looking to have a closer relationship with God
[32:04.500 --> 32:06.500]  and a better understanding of His Word?
[32:06.500 --> 32:09.500]  Then tune in to LogosRadioNetwork.com on Wednesdays
[32:09.500 --> 32:12.500]  from 8 to 10 p.m. Central Time for Scripture Talk,
[32:12.500 --> 32:17.500]  where Nana and her guests discuss the Scriptures in accord with 2 Timothy 2.15.
[32:17.500 --> 32:20.500]  Study to show thyself approved unto God,
[32:20.500 --> 32:24.500]  a workman that needeth not to be ashamed, rightly dividing the word of truth.
[32:24.500 --> 32:28.500]  Starting in January, our first-hour studies are in the Book of Mark,
[32:28.500 --> 32:32.500]  where we'll go verse by verse and discuss the true Gospel message.
[32:32.500 --> 32:35.500]  Our second-hour topical studies will vary each week
[32:35.500 --> 32:39.500]  with discussions on sound doctrine and Christian character development.
[32:39.500 --> 32:44.500]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:44.500 --> 32:47.500]  Our goal is to strengthen our faith and to transform ourselves
[32:47.500 --> 32:50.500]  more into the likeness of our Lord and Savior Jesus.
[32:50.500 --> 32:54.500]  So tune in to Scripture Talk live on LogosRadioNetwork.com
[32:54.500 --> 33:21.500]  on Wednesdays from 8 to 10 p.m. to inspire and motivate your studies of the Scriptures.
[33:24.500 --> 33:41.500]  I want, oh I want
[33:41.500 --> 33:49.500]  I won't let you pull the wool over my eyes
[33:49.500 --> 33:55.500]  I won't let you pull the wool over my eyes
[34:19.500 --> 34:25.500]  The restrictions, you can be awarded costs
[34:25.500 --> 34:30.500]  and that's only costs, court costs and stuff you actually have to pay out.
[34:30.500 --> 34:38.500]  However, if in the process of pursuing this particular issue
[34:38.500 --> 34:44.500]  the officials on the other side violated any laws relating to their office
[34:44.500 --> 34:53.500]  and in the process harmed you, while this court in this particular circumstance
[34:53.500 --> 35:00.500]  can't award you damages, you still have access to the civil courts
[35:00.500 --> 35:09.500]  to sue these officials under, what Brad?
[35:09.500 --> 35:17.500]  Official misconduct. They harmed you by failing to perform duties they required to perform.
[35:17.500 --> 35:23.500]  They pursued this frivolous issue. You couldn't address the issue in this case.
[35:23.500 --> 35:26.500]  You couldn't counter sue them.
[35:26.500 --> 35:31.500]  You were restricted in a suit of this nature
[35:31.500 --> 35:37.500]  to damage, to harm that only went to what you had to pay out.
[35:37.500 --> 35:41.500]  So that should open the door for you to file a civil suit against them.
[35:41.500 --> 35:49.500]  Yeah, I have some, the whole thing started with me wanting to sue them.
[35:49.500 --> 35:54.500]  It was originally over the mask mandates and then they really screwed me over
[35:54.500 --> 35:59.500]  with kind of accusing me of stealing. This is this whole other side thing.
[35:59.500 --> 36:04.500]  It has to do with the public record. So there's some stuff there to work into a lawsuit.
[36:04.500 --> 36:10.500]  I'm not there yet because I'm just seeing how much time it takes to do this stuff.
[36:10.500 --> 36:18.500]  So I am kind of trying to focus on this mandamus and to see if there's something to hit them a little bit harder with.
[36:18.500 --> 36:30.500]  And my thought is right now is that with the fact that they responded back with the too broad defense.
[36:30.500 --> 36:37.500]  But in the Public Records Act in Ohio, it specifically states in there that
[36:37.500 --> 36:48.500]  the respondent cannot use for the first time in litigation that the too broad excuse.
[36:48.500 --> 36:51.500]  So they can't, it says in the act that they can't do that.
[36:51.500 --> 36:55.500]  Well, it says that they can't use it. It's too late.
[36:55.500 --> 37:02.500]  They've already, they already told me they would fulfill this request. They gave me various timelines over six months of when it was coming.
[37:02.500 --> 37:05.500]  And then the first time in litigation, they used that.
[37:05.500 --> 37:16.500]  So my thought is that perhaps that would be a good, that could be a privileged litigation issue that I can maybe sanction them on.
[37:16.500 --> 37:25.500]  No, no, sue the lawyers for malpractice. They were forbidden to do that.
[37:25.500 --> 37:32.500]  And just because the court is crooked and bought and paid for, the lawyers were forbidden to do that.
[37:32.500 --> 37:38.500]  The law didn't allow them to do that. They did it anyway, knowingly.
[37:38.500 --> 37:40.500]  They should have known anyway.
[37:40.500 --> 37:48.500]  Sue them for malpractice. You keep wanting me to sue somebody else, Randy. That sounds like a lot of work.
[37:48.500 --> 38:00.500]  When you sue them, personally, it is so much fun. And this is not a difficult suit.
[38:00.500 --> 38:04.500]  Okay. And lawyers are low hanging fruit.
[38:04.500 --> 38:12.500]  They're low hanging fruit. They've got this insurance policy they have to carry.
[38:12.500 --> 38:19.500]  And they're going to want the insurance policy to pay you off, to get you off their back.
[38:19.500 --> 38:25.500]  But then again, you know, it's about picking your fights.
[38:25.500 --> 38:31.500]  You want to get this money back, one way to do it would be sue the lawyers.
[38:31.500 --> 38:38.500]  Yeah. Honestly, I'm just looking for the highest hit I can get off of this.
[38:38.500 --> 38:47.500]  I couldn't be frank. So I don't know if it is. I mean, that sounds interesting to sue the lawyers for malpractice.
[38:47.500 --> 38:56.500]  Okay. This is kind of focused because it's a suit based on a violation of the Open Records Act.
[38:56.500 --> 39:00.500]  What limitations do you have?
[39:00.500 --> 39:11.500]  So if you sue based on this issue and the lawyers do something illegal and improper,
[39:11.500 --> 39:19.500]  can you file an amended suit naming the lawyers for malpractice in Ohio?
[39:19.500 --> 39:25.500]  Well, since this is a mandamus, it's very narrowly focused on this.
[39:25.500 --> 39:33.500]  Oh, in mandamus, you can, can you ask for, okay, wait a minute, mandamus.
[39:33.500 --> 39:44.500]  You're asking the court to mandate something, the appeals court to mandate something to the trial court.
[39:44.500 --> 39:49.500]  Well, and it's not, it's the appeals court. It is an appeals court, but it's directly to the school district.
[39:49.500 --> 39:53.500]  It's basically getting them to give me my record. That's the main idea.
[39:53.500 --> 39:58.500]  But there are statutory damages.
[39:58.500 --> 40:03.500]  But I'm trying to get more than that, if possible.
[40:03.500 --> 40:04.500]  And I'm one, I'm thinking.
[40:04.500 --> 40:10.500]  Again, you might, okay, you might look at suing the individuals.
[40:10.500 --> 40:11.500]  Right.
[40:11.500 --> 40:17.500]  Personally, if they did not have authority to do what they did,
[40:17.500 --> 40:24.500]  and that's what your suit to get these records is, is claiming that they didn't produce records that were required to produce.
[40:24.500 --> 40:28.500]  Right.
[40:28.500 --> 40:29.500]  Excuse me, you're in Ohio.
[40:29.500 --> 40:35.500]  If I should have named them, I actually didn't name them individually in this, which is, I guess, whatever at this point, but.
[40:35.500 --> 40:39.500]  No, that might have been, that might have been a problem in this kind of suit.
[40:39.500 --> 40:44.500]  The kind of suit you have is to recover the records.
[40:44.500 --> 40:47.500]  And that may limit you.
[40:47.500 --> 41:01.500]  But the fact that you had to file this suit because these other actors committed acts that were improper should give you a claim against them personally.
[41:01.500 --> 41:09.500]  I think I have a pretty good claim because of the way they pretty much dragged me through the mud.
[41:09.500 --> 41:23.500]  They had a detective harass me and made up something, made it completely made up a story about me taking money from the pack, which is actually what they've done is there.
[41:23.500 --> 41:25.500]  Slander?
[41:25.500 --> 41:31.500]  Yeah, even on public record, even on their public meeting, they slandered me before.
[41:31.500 --> 41:33.500]  They've called the police on me at a meeting.
[41:33.500 --> 41:42.500]  I mean, there's been there's plenty I could put into a suit, and that's not something I've that's not something I haven't written off.
[41:42.500 --> 41:45.500]  I'm just I'm not quite there yet because I'm trying.
[41:45.500 --> 41:48.500]  I'm focusing on this and seeing what you know.
[41:48.500 --> 41:49.500]  Well, OK.
[41:49.500 --> 41:50.500]  OK.
[41:50.500 --> 41:57.500]  You need to be three to five moves ahead.
[41:57.500 --> 42:09.500]  If you're you're focusing on what you're doing right now, you should be focusing on what you're going to do three steps ahead.
[42:09.500 --> 42:16.500]  Push them into a place to give you claims to make against them when you get there.
[42:16.500 --> 42:17.500]  OK.
[42:17.500 --> 42:23.500]  If you're if you're only reacting to right now, you're backing up.
[42:23.500 --> 42:28.500]  That's what's going to happen. They're going to do something wrong and you're going to feel abused and mistreated.
[42:28.500 --> 42:35.500]  And it adds with this betrayal makes it harder for you to move ahead.
[42:35.500 --> 42:49.500]  But if you're just laying plants for them, giving them opportunity to screw up this and when they accommodate you by screwing up, it makes this a lot easier.
[42:49.500 --> 43:03.500]  So do you do you think that doing like a kind of sanction for rule 11 for frivolous litigation for the for the defense that was was obviously not a valid defense?
[43:03.500 --> 43:06.500]  Is that worth trying or in this case?
[43:06.500 --> 43:26.500]  No, that's kind of iffy because a litigator can ask can challenge the state of law and say, oh, OK, it looks like I don't have a right to make this claim.
[43:26.500 --> 43:35.500]  But I believe the law is incorrect in this instance, and I should be allowed to make this claim.
[43:35.500 --> 43:46.500]  That kind of argument can be made and they can't be sanctioned for trying to change law.
[43:46.500 --> 43:54.500]  When they when they lie deliberately fabricate BS that you can go after them for.
[43:54.500 --> 44:00.500]  Hang on, Randy Kelton, Brett Fountain, we'll be right back.
[44:00.500 --> 44:06.500]  Through advances in technology, our lives have greatly improved, except in the area of nutrition.
[44:06.500 --> 44:09.500]  People feed their pets better than they feed themselves.
[44:09.500 --> 44:11.500]  And it's time we changed all that.
[44:11.500 --> 44:17.500]  Our primary defense against aging and disease in this toxic environment is good nutrition.
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[45:00.500 --> 45:03.500]  Are you the plaintiff or defendant in a lawsuit?
[45:03.500 --> 45:14.500]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4-CD course that will show you how in 24 hours, step by step.
[45:14.500 --> 45:18.500]  If you have a lawyer, know what your lawyer should be doing.
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[46:21.500 --> 46:46.500]  Thank you.
[46:46.500 --> 46:52.500]  I get my message out to anyone in shot and distance.
[46:52.500 --> 46:53.500]  Okay, we are back.
[46:53.500 --> 46:56.500]  Randy Kelton from Found in the Rule of Law Radio.
[46:56.500 --> 47:04.500]  And I know we're kind of digging in deep and close, but you need a way to go back after them.
[47:04.500 --> 47:17.500]  And I'm trying to understand the overall context of this. You have taken action under open records, trying to secure open records.
[47:17.500 --> 47:21.500]  And I'm thinking, okay, I'm trying to secure some open records.
[47:21.500 --> 47:32.500]  And these guys over here are doing some really nefarious and improper stuff to me and forcing me to have to fight issues that should never have been here.
[47:32.500 --> 47:35.500]  So they're increasing the difficulty I'm having.
[47:35.500 --> 47:43.500]  But in this suit, I'm limited to what I can do because of the nature of this suit.
[47:43.500 --> 48:07.500]  So I would think that anything that is done for which I would not have remedy within the context of this suit should open the door for me to file a separate claim against them in my private capacity.
[48:07.500 --> 48:11.500]  Yeah, I think you're right.
[48:11.500 --> 48:16.500]  When we went out, I asked Brett, am I making sense here?
[48:16.500 --> 48:18.500]  This is a little complicated.
[48:18.500 --> 48:22.500]  There's something I have in my mind, but I'm having a little trouble getting it out.
[48:22.500 --> 48:30.500]  You're in a particular kind of case, so you're limited in what you can do and what kind of remedy you can get.
[48:30.500 --> 48:38.500]  So in that case, they're beating you up doing stuff that you can't address in this case.
[48:38.500 --> 48:49.500]  So you should be able to address that in a secondary civil suit outside this case and then go after them big time.
[48:49.500 --> 48:52.500]  I'm hoping that makes sense.
[48:52.500 --> 48:53.500]  Yeah, it does make sense.
[48:53.500 --> 49:04.500]  And that's actually what I needed to kind of hear to get this, not to focus so much on how I can turn this into a bigger lawsuit because I really can't.
[49:04.500 --> 49:14.500]  I think I was just looking, but yeah, there's a long list of things that can be put into a suit for them.
[49:14.500 --> 49:16.500]  Yeah, and consider the politics.
[49:16.500 --> 49:22.500]  These lawyers are going to have errors in admissions policies.
[49:22.500 --> 49:25.500]  Right now, they're coming after you.
[49:25.500 --> 49:32.500]  They're kind of in a protected environment, but they have errors in admissions policies.
[49:32.500 --> 49:40.500]  If they do anything improper here that you can't address here, you should be able to address it somewhere else.
[49:40.500 --> 49:46.500]  And just suing them is going to cost them a fortune.
[49:46.500 --> 49:49.500]  Win, lose, doesn't matter.
[49:49.500 --> 49:57.500]  And the fact that they have to file answers and such, that's not their real problem.
[49:57.500 --> 50:04.500]  Their real problem is they have an errors in admissions policy.
[50:04.500 --> 50:13.500]  And in order to be covered by that errors in admissions, am I saying admissions, Brett?
[50:13.500 --> 50:14.500]  Omissions.
[50:14.500 --> 50:18.500]  Omissions.
[50:18.500 --> 50:21.500]  Take me a second to realize I was saying the wrong word.
[50:21.500 --> 50:29.500]  Okay, errors in omissions policy, that's their weakness.
[50:29.500 --> 50:38.500]  Because the errors in admissions policy carrier, he's not going to care if they're guilty or innocent.
[50:38.500 --> 50:41.500]  He's only concerned about what it's going to cost him.
[50:41.500 --> 50:48.500]  And the lawyer, since he's paid for the policy, and this I got from talking to a lawyer.
[50:48.500 --> 50:55.500]  And he said that if I get sued, I've got errors in admissions, I want them to pay this off.
[50:55.500 --> 50:58.500]  Get this suit off my case.
[50:58.500 --> 51:05.500]  I'm already going to get bumped in my fees just the fact that I got sued.
[51:05.500 --> 51:10.500]  If they have to pay off, that's not going to increase my cost.
[51:10.500 --> 51:12.500]  So pay them.
[51:12.500 --> 51:17.500]  Get them off my case so I can go back to doing business.
[51:17.500 --> 51:19.500]  Okay.
[51:19.500 --> 51:20.500]  That makes sense.
[51:20.500 --> 51:23.500]  That's why they're low-hanging fruit.
[51:23.500 --> 51:25.500]  That money doesn't come out of their pocket.
[51:25.500 --> 51:28.500]  It comes out for their insurance carriers.
[51:28.500 --> 51:35.500]  And once you've sued them, their rate goes up rather than they win or lose.
[51:35.500 --> 51:38.500]  So they want you paid to get you off the case.
[51:38.500 --> 51:42.500]  Play games at the status conference, and I'll just take notes.
[51:42.500 --> 51:44.500]  Yeah, status conference.
[51:44.500 --> 51:46.500]  Think about that.
[51:46.500 --> 51:49.500]  They're forcing you to come into a status conference.
[51:49.500 --> 51:52.500]  What the heck is that?
[51:52.500 --> 51:54.500]  That's not status.
[51:54.500 --> 51:57.500]  They know what the status is.
[51:57.500 --> 52:06.500]  I almost guarantee you that's going to be a let's make a deal hearing.
[52:06.500 --> 52:17.500]  When the judge ruled it, he put that it's to talk about the status of them complying with the records request,
[52:17.500 --> 52:27.500]  and to discuss whether mediation will be productive, to set discovery in an end date for discovery,
[52:27.500 --> 52:33.500]  which I don't even think we're doing discovery in this situation.
[52:33.500 --> 52:36.500]  Okay, he probably put that in there because it's kind of standard.
[52:36.500 --> 52:40.500]  He'd probably give you a standard answer that he does in every case.
[52:40.500 --> 52:44.500]  And then set a cutoff date for motion.
[52:44.500 --> 52:51.500]  So that's the only thing I'm going to agree to discuss, I guess.
[52:51.500 --> 52:55.500]  Are you willing to back off on your requests?
[52:55.500 --> 52:57.500]  No.
[52:57.500 --> 53:01.500]  And the other thing is I know that one of the requests, they don't actually have it.
[53:01.500 --> 53:06.500]  Even if they're ruled to produce it, they don't have it.
[53:06.500 --> 53:08.500]  Okay, that's a good question.
[53:08.500 --> 53:10.500]  That brings a good question in.
[53:10.500 --> 53:13.500]  Are they supposed to have it?
[53:13.500 --> 53:16.500]  Yes, and I believe so.
[53:16.500 --> 53:22.500]  If they don't have it, who does?
[53:22.500 --> 53:31.500]  This is where this is the case where they tried to intimidate me and get me to go away from running this PCA organization
[53:31.500 --> 53:34.500]  because they don't have the records.
[53:34.500 --> 53:43.500]  And the secretary and the president at the time of this organization, he's now one of the school board members.
[53:43.500 --> 53:50.500]  And there's an entire book, the financial book, since 2018 is missing.
[53:50.500 --> 53:53.500]  And then it's supposed to be kept in the office.
[53:53.500 --> 53:55.500]  And I've been asking for that.
[53:55.500 --> 54:00.500]  They appointed me president, then they kicked me off because I was asking too many questions.
[54:00.500 --> 54:10.500]  Wait, are you familiar with the term spoilation?
[54:10.500 --> 54:13.500]  I am, yeah.
[54:13.500 --> 54:20.500]  Do you have a criminal statute in Ohio relative to spoilation?
[54:20.500 --> 54:22.500]  We do.
[54:22.500 --> 54:35.500]  For everybody who doesn't know what that means, if you obstruct, obscure or destroy evidence, that's spoilation.
[54:35.500 --> 54:43.500]  If the other party demands records from me and I burn them, that's spoilation.
[54:43.500 --> 54:46.500]  And that's grounds for a secondary charge.
[54:46.500 --> 54:53.500]  Did you consider charging them if they're saying they don't have these records and they should have these records,
[54:53.500 --> 54:56.500]  with charging them for spoilation?
[54:56.500 --> 55:02.500]  I have put out a complaint on the people involved in the beginning, which is the principal,
[55:02.500 --> 55:08.500]  one of the school board members and the treasurer, and I sent them off over and they got rejected.
[55:08.500 --> 55:10.500]  And I don't think they were that good.
[55:10.500 --> 55:24.500]  And that's when I requested these records and I wanted to actually get a ruling so that I could take that,
[55:24.500 --> 55:29.500]  so I could rework that criminal complaint and actually accuse them instead.
[55:29.500 --> 55:37.500]  I mean, it was a whole thing, but yeah, I turned it into the detective is one of the people that I turned those complaints into.
[55:37.500 --> 55:41.500]  And he was saying, he's like, I don't see a crime here.
[55:41.500 --> 55:43.500]  I just see people not trying to give you records.
[55:43.500 --> 55:45.500]  That's a crime.
[55:45.500 --> 55:48.500]  Duh.
[55:48.500 --> 55:49.500]  So that was kind of funny.
[55:49.500 --> 55:57.500]  But yeah, so it's all kind of connected, you know, but that's why I want to get the actual ruling on,
[55:57.500 --> 56:05.500]  because they're claiming, they claimed in their response that they have nothing to do with these records
[56:05.500 --> 56:11.500]  and they're not responsible for them because it is through the PTA, not through the actual school district.
[56:11.500 --> 56:15.500]  Okay, hold on, hold on, hold on before we miss this point.
[56:15.500 --> 56:21.500]  In Texas, if I send an information request to the wrong department,
[56:21.500 --> 56:28.500]  the director of that department or the custodian of the record for that department
[56:28.500 --> 56:36.500]  is commanded by 552 Government Code to forward the request to the appropriate party.
[56:36.500 --> 56:40.500]  You have this huge bureaucracy here.
[56:40.500 --> 56:49.500]  You can't expect a citizen to understand the minute inner workings of the bureaucracy.
[56:49.500 --> 56:55.500]  So whoever receives it is required to give it to the one who is supposed to have it.
[56:55.500 --> 57:00.500]  And so they're saying, we don't have it, so screw you.
[57:00.500 --> 57:01.500]  They are.
[57:01.500 --> 57:08.500]  And not only that, but I have them, I have, they told me at one point that they,
[57:08.500 --> 57:14.500]  that the money that goes into the PTA is actually interchanged with the principal's account.
[57:14.500 --> 57:19.500]  They're connected, they leave these records in the middle school office
[57:19.500 --> 57:24.500]  and the previous president is now a school board member.
[57:24.500 --> 57:29.500]  But in their defense, they said, oh, well, those are not records, we don't.
[57:29.500 --> 57:33.500]  And they used, you know, they tried to pull up some stuff from the Public Records Act
[57:33.500 --> 57:37.500]  to show that they don't, they're not responsible for those records.
[57:37.500 --> 57:44.500]  But I was able to pull up two separate parts of the law that show that they,
[57:44.500 --> 57:53.500]  that this PTA acts as, acts in partnership with them and takes and replaces activities
[57:53.500 --> 57:55.500]  that the school district would do themselves.
[57:55.500 --> 58:00.500]  So they are responsible for the records and they're under PTA because,
[58:00.500 --> 58:02.500]  so they, I don't think we're going to win that argument.
[58:02.500 --> 58:08.500]  They lied, wait a minute, they lied to the court.
[58:08.500 --> 58:11.500]  That's a separate issue.
[58:11.500 --> 58:18.500]  You should charge them with perjury.
[58:18.500 --> 58:20.500]  I like that.
[58:20.500 --> 58:22.500]  Charge them personally.
[58:22.500 --> 58:28.500]  They don't get to do this kind of nefarious stuff with no consequences.
[58:28.500 --> 58:33.500]  I use criminal to enhance the civil.
[58:33.500 --> 58:39.500]  Okay, hang on, going to our sponsors, Randy Kelton, Brett Fountain, Rule of Law Radio.
[58:39.500 --> 58:45.500]  We have a full board of callers, so I won't give out the call-in number.
[58:45.500 --> 58:49.500]  Hang on, we'll be right back.
[58:49.500 --> 58:53.500]  Would you like to make more definite progress in your walk with God?
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[59:33.500 --> 59:40.500]  call Bibles for America toll-free at 888-551-0102.
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[59:44.500 --> 59:49.500]  Or visit us online at bfa.org.
[59:49.500 --> 59:59.500]  You're listening to the Logos Radio Network at logosradionetwork.com.
[59:59.500 --> 01:00:05.500]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:00:05.500 --> 01:00:08.500]  They guarantee the specific freedoms Americans should know and protect.
[01:00:08.500 --> 01:00:10.500]  Our liberty depends on it.
[01:00:10.500 --> 01:00:16.500]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:00:16.500 --> 01:00:18.500]  Privacy is under attack.
[01:00:18.500 --> 01:00:22.500]  When you give up data about yourself, you'll never get it back again.
[01:00:22.500 --> 01:00:26.500]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:26.500 --> 01:00:28.500]  So protect your rights.
[01:00:28.500 --> 01:00:32.500]  Say no to surveillance and keep your information to yourself.
[01:00:32.500 --> 01:00:34.500]  Privacy, it's worth hanging on to.
[01:00:34.500 --> 01:00:38.500]  This public service announcement is brought to you by StartPage.com,
[01:00:38.500 --> 01:00:42.500]  the private search engine alternative to Google, Yahoo, and Bing.
[01:00:42.500 --> 01:00:45.500]  Start over with StartPage.
[01:00:45.500 --> 01:00:48.500]  Imagine your mom and dad are getting ready for bed.
[01:00:48.500 --> 01:00:51.500]  They pull back the covers and find a third party there.
[01:00:51.500 --> 01:00:54.500]  He announces, I'm with the military and I'm sleeping here tonight.
[01:00:54.500 --> 01:01:00.500]  That shocking image of a third party in my parents' bed reminds me what the Third Amendment was designed to prevent.
[01:01:00.500 --> 01:01:06.500]  It protects us from being forced to share our homes with soldiers, a common demand in the days of our founding fathers.
[01:01:06.500 --> 01:01:09.500]  Third party, Third Amendment? Get it?
[01:01:09.500 --> 01:01:12.500]  So if you answer a knock at your door and guys in fatigues demand lodging,
[01:01:12.500 --> 01:01:17.500]  tell them to dust off their copy of the Bill of Rights and reread the Third Amendment.
[01:01:17.500 --> 01:01:21.500]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:01:31.500 --> 01:01:35.500]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:01:35.500 --> 01:01:38.500]  They guarantee you the specific freedoms Americans should know and protect.
[01:01:38.500 --> 01:01:40.500]  Our liberty depends on it.
[01:01:40.500 --> 01:01:46.500]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:01:46.500 --> 01:01:48.500]  Privacy is under attack.
[01:01:48.500 --> 01:01:52.500]  When you give up data about yourself, you'll never get it back again.
[01:01:52.500 --> 01:01:57.500]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:57.500 --> 01:02:02.500]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:02:02.500 --> 01:02:05.500]  Privacy, it's worth hanging on to.
[01:02:05.500 --> 01:02:08.500]  This public service announcement is brought to you by StartPage.com,
[01:02:08.500 --> 01:02:12.500]  the private search engine alternative to Google, Yahoo, and Bing.
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[01:02:15.500 --> 01:02:21.500]  Imagine four eyes staring at you through binoculars, a magnifying glass, or a pair of x-ray goggles.
[01:02:21.500 --> 01:02:27.500]  That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable search and seizure.
[01:02:27.500 --> 01:02:30.500]  Fourth Amendment? Four eyes staring at you? Get it?
[01:02:30.500 --> 01:02:34.500]  Unfortunately, the government is trampling our Fourth Amendment rights in the name of security.
[01:02:34.500 --> 01:02:39.500]  Keys in point, TSA airport scanners that peer under your clothing.
[01:02:39.500 --> 01:02:43.500]  When government employees demand a peep at your privates without probable cause,
[01:02:43.500 --> 01:02:46.500]  I say it's time to sound the constitutional alarm bells.
[01:02:46.500 --> 01:02:49.500]  Join me in asking our representatives to dust off the Bill of Rights
[01:02:49.500 --> 01:02:53.500]  and use their googly eyes to take a gander at the Fourth.
[01:02:53.500 --> 01:03:00.500]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:03:23.500 --> 01:03:33.500]  Okay, we are back. Randy Kelton, Brett Fountain, rule of our radio,
[01:03:33.500 --> 01:03:40.500]  and we're talking to Daisy in Ohio, and Daisy, we probably need to move along,
[01:03:40.500 --> 01:03:44.500]  but I enjoy this kind of thing.
[01:03:44.500 --> 01:03:50.500]  I've been doing this a long time, and most of the easy stuff gets kind of boring,
[01:03:50.500 --> 01:04:01.500]  but taking on these complex issues is part of the only fun I have left in doing legal stuff.
[01:04:01.500 --> 01:04:08.500]  And this is a complex issue, and the more complex an issue you can bring to the other side,
[01:04:08.500 --> 01:04:11.500]  the crazier it makes them.
[01:04:11.500 --> 01:04:13.500]  Okay.
[01:04:13.500 --> 01:04:17.500]  So do you have any other questions? Have we addressed everything?
[01:04:17.500 --> 01:04:22.500]  No, yep, that's good. I think I've got a bit of a plan,
[01:04:22.500 --> 01:04:30.500]  and I'll call back and update you guys after I see what they have up their sleeve at the status conference.
[01:04:30.500 --> 01:04:36.500]  Okay, but don't expect the status conference to be about conference, about status.
[01:04:36.500 --> 01:04:41.500]  It'll be about let's make a deal.
[01:04:41.500 --> 01:04:43.500]  Okay, thank you, Daisy.
[01:04:43.500 --> 01:04:45.500]  All right, thank you. Bye, guys.
[01:04:45.500 --> 01:04:48.500]  Okay, now we're going to go to Adam in Texas.
[01:04:48.500 --> 01:04:54.500]  Hello, Adam. What do you have for us today?
[01:04:54.500 --> 01:04:57.500]  Good evening. How are you all doing?
[01:04:57.500 --> 01:05:01.500]  I'm doing good for an old fat guy.
[01:05:01.500 --> 01:05:04.500]  Can you hear me all right?
[01:05:04.500 --> 01:05:08.500]  No, I can't hear a word you're saying.
[01:05:08.500 --> 01:05:10.500]  I always want to say that.
[01:05:10.500 --> 01:05:13.500]  Yeah, I can hear you fine. You're coming in real good.
[01:05:13.500 --> 01:05:15.500]  What do you have for us?
[01:05:15.500 --> 01:05:28.500]  Oh, so I'm trying to figure out as far as the Public Open Records Act, 5-2 Government Code,
[01:05:28.500 --> 01:05:33.500]  I'm having some trouble getting some information.
[01:05:33.500 --> 01:05:47.500]  So basically what I'm trying to figure out is where's the dividing line between what information is subject to the common law,
[01:05:47.500 --> 01:05:55.500]  subject to the Open Records Act and available to the public if an arrest is made of an individual.
[01:05:55.500 --> 01:06:03.500]  Oh, okay, and arrest records. Okay, there are court records and there are public records.
[01:06:03.500 --> 01:06:14.500]  Both of them are open to the public except for certain specifically defined exclusions.
[01:06:14.500 --> 01:06:24.500]  For the most part, court records are open unless they have been sealed by some judge or magistrate.
[01:06:24.500 --> 01:06:27.500]  Okay.
[01:06:27.500 --> 01:06:34.500]  I have an open records request and if you want a blank, I'll send it to you.
[01:06:34.500 --> 01:06:43.500]  But in there, I don't ask for records under 5-52 Government Code.
[01:06:43.500 --> 01:06:46.500]  I ask them to produce records.
[01:06:46.500 --> 01:06:48.500]  Yeah.
[01:06:48.500 --> 01:06:54.500]  It doesn't matter what code they fall under, I want to see these records because I've had them respond,
[01:06:54.500 --> 01:07:00.500]  well, they asked for these under the Open Records Act and their court documents, they don't fall under the Open Records Act.
[01:07:00.500 --> 01:07:03.500]  So I don't ask for them under the Open Records Act.
[01:07:03.500 --> 01:07:07.500]  I just ask for them.
[01:07:07.500 --> 01:07:09.500]  And whichever one it falls under, it falls under.
[01:07:09.500 --> 01:07:24.500]  But the only thing in court records that's not open for public inspection is something's been sealed.
[01:07:24.500 --> 01:07:28.500]  Does that go to your issue?
[01:07:28.500 --> 01:07:39.500]  Well, what gives a JP the right to magistrate someone who's been arrested?
[01:07:39.500 --> 01:07:47.500]  2.10 and 2.11 Texas Code of Criminal Procedure.
[01:07:47.500 --> 01:08:03.500]  Right, I know, but they do all that and then the case file, the record of, you know, that goes to that JP's court, you know, if the charge was a Class 3 and they had jurisdiction,
[01:08:03.500 --> 01:08:07.500]  they're supposed to assign a cause number to it and it's supposed to be open.
[01:08:07.500 --> 01:08:09.500]  No, not assign a cause number to it.
[01:08:09.500 --> 01:08:14.500]  What they're required to do falls under 17.30.
[01:08:14.500 --> 01:08:24.500]  Well, 1617 first says that after the magistrate makes a determination of probable cause, he is to issue an order
[01:08:24.500 --> 01:08:34.500]  and stating whether the person was released at their liberty, bound to the court, on bond, remanded to the jail, whatever,
[01:08:34.500 --> 01:08:40.500]  and then he's to seal all, then he's to forward the order.
[01:08:40.500 --> 01:08:47.500]  This is 16.17, he is to forward the order to the clerk of the court of jurisdiction.
[01:08:47.500 --> 01:08:52.500]  The statute that tells him how to do that is 17.30.
[01:08:52.500 --> 01:09:00.500]  It says the magistrate, after an examining trial, the magistrate shall seal all documents had in the hearing in an envelope.
[01:09:00.500 --> 01:09:12.500]  The complaint, the statement of witnesses, and all other documents shall be sealed in an envelope with the name of the magistrate
[01:09:12.500 --> 01:09:20.500]  written across the seal of the envelope and forwarded to the clerk of the court of jurisdiction.
[01:09:20.500 --> 01:09:31.500]  1731, the clerk shall keep all these papers safe and deliver them up to the next grand jury.
[01:09:31.500 --> 01:09:35.500]  That's where they're supposed to go.
[01:09:35.500 --> 01:09:50.500]  Okay, so nowhere does it give them the authority to hide them, the JP, the authority to hide all documents from the public, not seal them, and just give them to the prosecutor?
[01:09:50.500 --> 01:09:52.500]  No.
[01:09:52.500 --> 01:09:53.500]  No.
[01:09:53.500 --> 01:09:55.500]  No.
[01:09:55.500 --> 01:10:02.500]  If the prosecutor has them and they are not in the hands of the clerk of the court.
[01:10:02.500 --> 01:10:08.500]  Okay, the clerk of the court is required to deliver them up to the next grand jury.
[01:10:08.500 --> 01:10:19.500]  The next grand jury, they make a termination, true bill or no bill, and they come before the court with a quorum of the grand jury present.
[01:10:19.500 --> 01:10:39.500]  20A304, they come before the court with a quorum of the grand jury present and notify the court of all true bills.
[01:10:39.500 --> 01:10:51.500]  They use the term indictments, but I'm challenging that saying that they deliver the indictment to the court, but it's not an indictment yet.
[01:10:51.500 --> 01:10:53.500]  It's a true bill.
[01:10:53.500 --> 01:10:58.500]  The grand jury creates a true bill or a no bill.
[01:10:58.500 --> 01:11:01.500]  If they create a true bill, they bring it to the clerk of the court.
[01:11:01.500 --> 01:11:09.500]  And what the code says is the clerk shall make notes in the minutes of the court.
[01:11:09.500 --> 01:11:17.500]  That notifies the court of a true bill, causing the true bill to become an indictment.
[01:11:17.500 --> 01:11:27.500]  However, if the person has not been arrested, the clerk shall not make notes in the minutes of the court.
[01:11:27.500 --> 01:11:36.500]  But must issue a capious, and once the person has been arrested, then the notes can be put in the minutes of the court.
[01:11:36.500 --> 01:11:43.500]  So the true bill doesn't become an indictment until the person's arrested.
[01:11:43.500 --> 01:11:55.500]  And when the person's arrested, that presupposes that under 15.16, they will be taken directly to the nearest magistrate.
[01:11:55.500 --> 01:12:05.500]  And the magistrate will hold an examining trial, issue an order, and forward it to the clerk of the court.
[01:12:05.500 --> 01:12:13.500]  There can't be a prosecution without an examining trial, period.
[01:12:13.500 --> 01:12:25.500]  And all the records are commanded to be sealed in an envelope, the name of the magistrate written across the seal, and sent to the clerk of the court.
[01:12:25.500 --> 01:12:27.500]  The clerk of the court is supposed to have it.
[01:12:27.500 --> 01:12:34.500]  If you're in Texas, the clerk of the court does not have it.
[01:12:34.500 --> 01:12:40.500]  I just addressed this with the Hillsboro district attorney recently.
[01:12:40.500 --> 01:12:49.500]  By the judge sealing these documents in an envelope, that protects the chain of evidence.
[01:12:49.500 --> 01:12:57.500]  That's supposed to go to the clerk, and it gets recorded in the clerk's records, but the clerk doesn't have it.
[01:12:57.500 --> 01:12:59.500]  That's what I found everywhere.
[01:12:59.500 --> 01:13:08.500]  I talked to the clerk and said, the district clerk in Hillsboro, and I said, where are these records at?
[01:13:08.500 --> 01:13:12.500]  1730 commands that they be sent to you in a sealed envelope.
[01:13:12.500 --> 01:13:15.500]  Where's that sealed envelope?
[01:13:15.500 --> 01:13:21.500]  To show that these records were properly sealed and sent to you.
[01:13:21.500 --> 01:13:24.500]  You don't have them.
[01:13:24.500 --> 01:13:26.500]  Who does?
[01:13:26.500 --> 01:13:27.500]  I don't know.
[01:13:27.500 --> 01:13:30.500]  She had no clue.
[01:13:30.500 --> 01:13:36.500]  Well, every county I've been to is the same way.
[01:13:36.500 --> 01:13:43.500]  If the magistrate did not send these records to the clerk of the court, Brett, what crime is that?
[01:13:43.500 --> 01:13:46.500]  That's official oppression.
[01:13:46.500 --> 01:13:48.500]  And came from the government document.
[01:13:48.500 --> 01:14:03.500]  If you seek recovered document from the person or office it's directed to, that's a class A misdemeanor in the state of Texas.
[01:14:03.500 --> 01:14:08.500]  When I went to Victoria County, I sat and watched the hearing.
[01:14:08.500 --> 01:14:10.500]  And the judge had these records.
[01:14:10.500 --> 01:14:17.500]  And he told the individual that he has read the reports of the arresting officer, and I found probable cause.
[01:14:17.500 --> 01:14:20.500]  So he had them right in front of him.
[01:14:20.500 --> 01:14:23.500]  He was supposed to seal them in an envelope and send them to the clerk.
[01:14:23.500 --> 01:14:24.500]  The clerk didn't have them.
[01:14:24.500 --> 01:14:26.500]  Who did have them?
[01:14:26.500 --> 01:14:39.500]  I went to the prosecutor and gave them a request for all records, collection symbols maintained by the department, that are referenced by 17.30.
[01:14:39.500 --> 01:14:44.500]  That's the one that told him to seal them in an envelope and send them to the clerk.
[01:14:44.500 --> 01:14:45.500]  She didn't have them.
[01:14:45.500 --> 01:14:48.500]  The prosecutor didn't have them.
[01:14:48.500 --> 01:14:52.500]  He gave them back to the sheriff.
[01:14:52.500 --> 01:14:55.500]  What the heck is that?
[01:14:55.500 --> 01:15:03.500]  He's commanded to send them to the clerk, but he gives them to the sheriff and the sheriff accepts them.
[01:15:03.500 --> 01:15:06.500]  Well, how did the sheriff accept him?
[01:15:06.500 --> 01:15:19.500]  Unless the magistrate and the sheriff conspired with one another to secret government records from the officer person they were directed to.
[01:15:19.500 --> 01:15:21.500]  3710 Penal Code.
[01:15:21.500 --> 01:15:23.500]  It's real clear.
[01:15:23.500 --> 01:15:28.500]  This happens in every single case.
[01:15:28.500 --> 01:15:36.500]  And Adam, I was blabbing so much, I forgot what your question was.
[01:15:36.500 --> 01:15:42.500]  He was asking about the authority to require them to produce that.
[01:15:42.500 --> 01:15:48.500]  I think you mentioned for the Texas Rules of Judicial Administration, it's Rule 12.
[01:15:48.500 --> 01:15:58.500]  So Randy was saying that he doesn't request under the Public Information Act or he doesn't cite or quote any particular legal authority
[01:15:58.500 --> 01:16:10.500]  because the Rules of Judicial Administration cover those court records, but they exclude the public information stuff and vice versa.
[01:16:10.500 --> 01:16:15.500]  And for me, it's not always clear.
[01:16:15.500 --> 01:16:17.500]  Hold just a second.
[01:16:17.500 --> 01:16:20.500]  Brett just said they exclude the public information stuff.
[01:16:20.500 --> 01:16:32.500]  And what he's referring to is when you get in a criminal prosecution, anything you can request under discovery, you can no longer request under the Open Records Act.
[01:16:32.500 --> 01:16:38.500]  Well, he's not necessarily talking about something that's in a case.
[01:16:38.500 --> 01:16:46.500]  He might be one to ask about everybody's cases and go over there and ask for everybody that starts with the letter M.
[01:16:46.500 --> 01:16:49.500]  And he wants to see all their judicial records.
[01:16:49.500 --> 01:16:53.500]  So it wouldn't necessarily be about discovery, right?
[01:16:53.500 --> 01:16:59.500]  Yeah, I was just waiting to see if you ran off the cliff.
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[01:20:07.500 --> 01:20:11.500]  Okay.
[01:20:11.500 --> 01:20:35.500]  Adam, you got us busy doing research on the work.
[01:20:35.500 --> 01:20:42.500]  I wanted to figure out about the custodian of the record.
[01:20:42.500 --> 01:20:43.500]  So I lost my place.
[01:20:43.500 --> 01:20:47.500]  What were you?
[01:20:47.500 --> 01:20:57.500]  Basically, I'm trying to figure out what aspects of an arrest are absolutely public information
[01:20:57.500 --> 01:21:05.500]  and subject to public disclosure and which aspects are not because from what they're,
[01:21:05.500 --> 01:21:07.500]  the way they're putting it.
[01:21:07.500 --> 01:21:08.500]  Okay.
[01:21:08.500 --> 01:21:10.500]  The clerk's records.
[01:21:10.500 --> 01:21:12.500]  The clerk's records are public.
[01:21:12.500 --> 01:21:13.500]  That's by common law.
[01:21:13.500 --> 01:21:15.500]  Did you see 1526?
[01:21:15.500 --> 01:21:20.500]  Code of criminal procedure?
[01:21:20.500 --> 01:21:21.500]  Yes.
[01:21:21.500 --> 01:21:22.500]  No.
[01:21:22.500 --> 01:21:27.500]  No, I was asking if Adam has seen.
[01:21:27.500 --> 01:21:31.500]  15.26 says, in executing a warrant of arrest,
[01:21:31.500 --> 01:21:35.500]  it shall always be made known to the accused under what authority it's made.
[01:21:35.500 --> 01:21:36.500]  The warrant shall be executed.
[01:21:36.500 --> 01:21:41.500]  Well, let me skip on down here too.
[01:21:41.500 --> 01:21:50.500]  The arrest warrant and any affidavit presented to the magistrate in support of the issuance of the warrant is public information.
[01:21:50.500 --> 01:21:53.500]  And beginning immediately when the warrant is executed,
[01:21:53.500 --> 01:22:04.500]  the magistrate's clerk shall make a copy of the warrant and the affidavit available for public inspection in the clerk's office during normal business hours.
[01:22:04.500 --> 01:22:11.500]  The person may request the clerk to provide copies of the warrant and affidavit on payment of the cost of providing the copies.
[01:22:11.500 --> 01:22:13.500]  So you can inspect it for free.
[01:22:13.500 --> 01:22:18.500]  You can get copies of it immediately when the warrant is executed.
[01:22:18.500 --> 01:22:21.500]  It's public info.
[01:22:21.500 --> 01:22:26.500]  So the warrant's one thing that's definitely public info.
[01:22:26.500 --> 01:22:27.500]  Yes.
[01:22:27.500 --> 01:22:33.500]  And the affidavit that was presented to the magistrate in support of that warrant.
[01:22:33.500 --> 01:22:36.500]  Well, here's the problem.
[01:22:36.500 --> 01:22:44.500]  In Texas, the magistrate doesn't have it.
[01:22:44.500 --> 01:22:51.500]  In fact, the magistrate is required to send it to the...
[01:22:51.500 --> 01:22:52.500]  Wait a minute.
[01:22:52.500 --> 01:22:54.500]  Let me step back.
[01:22:54.500 --> 01:22:59.500]  In this case, this is an existing warrant.
[01:22:59.500 --> 01:23:05.500]  Once the person is arrested, where is that warrant supposed to go?
[01:23:05.500 --> 01:23:07.500]  Does it stay with the magistrate?
[01:23:07.500 --> 01:23:09.500]  It doesn't matter.
[01:23:09.500 --> 01:23:15.500]  They send an original to whoever it is, like the sheriff or somebody, and they say, I want you to execute this.
[01:23:15.500 --> 01:23:22.500]  But they have to keep a copy because immediately when it's executed, they have to show people the copy.
[01:23:22.500 --> 01:23:26.500]  It doesn't matter where the original went and how long it takes to do the service return.
[01:23:26.500 --> 01:23:28.500]  It's irrelevant.
[01:23:28.500 --> 01:23:33.500]  They have to have a copy, and they don't have to show it to anybody until execution.
[01:23:33.500 --> 01:23:37.500]  But as soon as it's executed, now they immediately it became public information.
[01:23:37.500 --> 01:23:41.500]  The copy did.
[01:23:41.500 --> 01:23:43.500]  But they don't have it.
[01:23:43.500 --> 01:23:44.500]  They should have it.
[01:23:44.500 --> 01:23:50.500]  I know they should have it, but they give it back to the sheriff.
[01:23:50.500 --> 01:23:57.500]  If the sheriff ends up with the original, it doesn't say exactly who has to end up with the original.
[01:23:57.500 --> 01:24:00.500]  That's not really relevant.
[01:24:00.500 --> 01:24:07.500]  What I'm saying is every magistrate I've talked to doesn't have it.
[01:24:07.500 --> 01:24:08.500]  Yeah, that's a problem.
[01:24:08.500 --> 01:24:10.500]  They're not keeping a copy.
[01:24:10.500 --> 01:24:12.500]  That was 1521?
[01:24:12.500 --> 01:24:18.500]  1526.
[01:24:18.500 --> 01:24:20.500]  Because I use that quite a bit.
[01:24:20.500 --> 01:24:25.500]  I go in and demand to see the warrants.
[01:24:25.500 --> 01:24:29.500]  Yeah, and all the affidavits that led up to the warrant being legit.
[01:24:29.500 --> 01:24:37.500]  Next time I go to Victoria County, I'm going to demand to see all the warrants for a given period of time.
[01:24:37.500 --> 01:24:44.500]  Yeah, ask for the copy of the warrants and affidavits.
[01:24:44.500 --> 01:24:52.500]  You want to inspect the copy, because that's exactly what the code says that they have to let you do.
[01:24:52.500 --> 01:24:55.500]  They don't even have to have the original.
[01:24:55.500 --> 01:24:59.500]  Apparently the original is going to come back to them anyway when the sheriff does the execution.
[01:24:59.500 --> 01:25:03.500]  He comes back with this little chunk at the bottom that says return.
[01:25:03.500 --> 01:25:16.500]  They can't have the original, because the original is created either under 15.09 or 1620.
[01:25:16.500 --> 01:25:28.500]  If someone goes before a magistrate at an examining trial, arrests somebody and takes them to a magistrate,
[01:25:28.500 --> 01:25:35.500]  then the magistrate is to make a determination of probable cause based on the statement by the officer,
[01:25:35.500 --> 01:25:39.500]  and if he finds probable cause, he's to issue a warrant.
[01:25:39.500 --> 01:25:43.500]  That's when the first person is brought before the magistrate.
[01:25:43.500 --> 01:25:56.500]  If someone goes to a magistrate to secure a warrant, then the complaint is filed with the magistrate.
[01:25:56.500 --> 01:26:07.500]  The magistrate is commanded to issue a warrant, and once the person is arrested, he's commanded to hold an examining trial,
[01:26:07.500 --> 01:26:15.500]  and then if the warrant's already existed, been created, he doesn't have to create one under 1620,
[01:26:15.500 --> 01:26:23.500]  but when he's done, he's to seal all those records in an envelope and forward them to the clerk of the court of jurisdiction.
[01:26:23.500 --> 01:26:29.500]  He should not have it if the person's been arrested.
[01:26:29.500 --> 01:26:31.500]  Did that make sense, Brett?
[01:26:31.500 --> 01:26:34.500]  No, I kind of got stuck on 1620.
[01:26:34.500 --> 01:26:43.500]  The sheriff or whoever it is, the peace officer that executes the warrant, should turn it back to the issuing magistrate.
[01:26:43.500 --> 01:26:44.500]  Is that what you're saying?
[01:26:44.500 --> 01:26:45.500]  Yeah.
[01:26:45.500 --> 01:26:46.500]  Yeah, I agree.
[01:26:46.500 --> 01:26:48.500]  For a moment, he's going to have it.
[01:26:48.500 --> 01:26:50.500]  For a while until it's executed.
[01:26:50.500 --> 01:26:51.500]  Yeah, 1509.
[01:26:51.500 --> 01:26:57.500]  But the magistrate, even during that time, the magistrate that issued it should still have a copy of it.
[01:26:57.500 --> 01:27:01.500]  According to 26, yes.
[01:27:01.500 --> 01:27:10.500]  So let's say that the sheriff executes it, arrests the person, and is on the way to the magistrate.
[01:27:10.500 --> 01:27:13.500]  Let's say he's doing things according to the law, right?
[01:27:13.500 --> 01:27:17.500]  He's taking the person before the magistrate and hasn't gotten there yet,
[01:27:17.500 --> 01:27:21.500]  and the person's wife shows up at the magistrate's clerk and says, hey, I want to see that.
[01:27:21.500 --> 01:27:23.500]  That's public information.
[01:27:23.500 --> 01:27:31.500]  Immediately, they should be able to show a copy of it, even though the original is on its way back.
[01:27:31.500 --> 01:27:32.500]  They should have the original.
[01:27:32.500 --> 01:27:36.500]  The sheriff doesn't need the warrant in his hand.
[01:27:36.500 --> 01:27:39.500]  He only needs to know that it exists.
[01:27:39.500 --> 01:27:44.500]  So he certainly doesn't need the original.
[01:27:44.500 --> 01:27:53.500]  So I know this is kind of pedantic here, but it's important to isolate all these pieces.
[01:27:53.500 --> 01:27:58.500]  If someone just goes to a magistrate and says, you know, I have reason to believe
[01:27:58.500 --> 01:28:07.500]  and do believe that this person committed this crime, the magistrate's commanded to issue a warrant under 15.09.
[01:28:07.500 --> 01:28:15.500]  And it doesn't say what he's to do with that warrant specifically.
[01:28:15.500 --> 01:28:19.500]  It just says he's to issue it.
[01:28:19.500 --> 01:28:22.500]  I'll have to go back and check the wording real careful,
[01:28:22.500 --> 01:28:26.500]  but I don't remember saying anything about what are you supposed to do about it.
[01:28:26.500 --> 01:28:33.500]  But the warrant orders any sheriff to arrest this person and bring him before me.
[01:28:33.500 --> 01:28:40.500]  And the reason it says bring him before me is because I issued a warrant ex parte.
[01:28:40.500 --> 01:28:46.500]  I essentially found probable cause ex parte.
[01:28:46.500 --> 01:28:49.500]  Now you arrest that person, bring him before me.
[01:28:49.500 --> 01:28:53.500]  Now we do a proper examining trial.
[01:28:53.500 --> 01:28:58.500]  So if the person was arrested under 14.06, on-site offense,
[01:28:58.500 --> 01:29:04.500]  then at the examining trial under 16.20, the magistrate would issue the warrant.
[01:29:04.500 --> 01:29:09.500]  But if the warrant was issued under 15.09, the magistrate doesn't have to issue a warrant.
[01:29:09.500 --> 01:29:10.500]  It already exists.
[01:29:10.500 --> 01:29:14.500]  So now all he does is make an order under 16.17,
[01:29:14.500 --> 01:29:18.500]  and then he's required to seal all those documents in an envelope
[01:29:18.500 --> 01:29:21.500]  and order them to clerk the court's jurisdiction.
[01:29:21.500 --> 01:29:25.500]  You're saying 16.20, that's about commitment?
[01:29:25.500 --> 01:29:27.500]  Yeah, read 16.20.
[01:29:27.500 --> 01:29:29.500]  It tells him to...
[01:29:29.500 --> 01:29:34.500]  This is an examining trial where someone's been brought before the magistrate
[01:29:34.500 --> 01:29:35.500]  and there is no warrant.
[01:29:35.500 --> 01:29:36.500]  He's to create one.
[01:29:36.500 --> 01:29:44.500]  If he finds probable cause, he has to create one to commit the person to the jail.
[01:29:44.500 --> 01:29:48.500]  I think it says right in there, which is your warrant.
[01:29:48.500 --> 01:29:51.500]  I don't see that.
[01:29:51.500 --> 01:29:53.500]  Oh, you're saying I'm wrong?
[01:29:53.500 --> 01:29:56.500]  Me? Oh, my goodness.
[01:29:56.500 --> 01:29:57.500]  We'll have to fix this.
[01:29:57.500 --> 01:30:00.500]  We'll be right back.
[01:30:00.500 --> 01:30:04.500]  A top cybersecurity expert has a warning for America.
[01:30:04.500 --> 01:30:08.500]  If you build an electrical smart grid, the hackers will come,
[01:30:08.500 --> 01:30:11.500]  and they could cause a catastrophic blackout.
[01:30:11.500 --> 01:30:15.500]  I'm Dr. Catherine Albrecht, back with the shocking details in a moment.
[01:30:15.500 --> 01:30:17.500]  Privacy is under attack.
[01:30:17.500 --> 01:30:21.500]  When you give up data about yourself, you'll never get it back again.
[01:30:21.500 --> 01:30:26.500]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.500 --> 01:30:27.500]  So protect your rights.
[01:30:27.500 --> 01:30:31.500]  Say no to surveillance and keep your information to yourself.
[01:30:31.500 --> 01:30:33.500]  Privacy, it's worth hanging on to.
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[01:30:44.500 --> 01:30:49.500]  Governments love power, so it's only natural they'd want to control the power
[01:30:49.500 --> 01:30:52.500]  by going into your home, too, with a smart grid.
[01:30:52.500 --> 01:30:55.500]  So they're installing a national network of smart meters
[01:30:55.500 --> 01:30:59.500]  to remotely monitor electric use for efficiency and avoid grid failure.
[01:30:59.500 --> 01:31:03.500]  But cybersecurity expert David Chalk says not so fast.
[01:31:03.500 --> 01:31:06.500]  If we make the national power grid controllable through the web,
[01:31:06.500 --> 01:31:08.500]  hackers will have a field day.
[01:31:08.500 --> 01:31:12.500]  Working remotely, they could tap in and black out the entire nation,
[01:31:12.500 --> 01:31:15.500]  leaving us vulnerable to our enemies.
[01:31:15.500 --> 01:31:18.500]  I've long opposed smart meters for privacy and health reasons.
[01:31:18.500 --> 01:31:21.500]  But catastrophic failures caused by hackers?
[01:31:21.500 --> 01:31:23.500]  There's nothing smart about that.
[01:31:23.500 --> 01:31:26.500]  I'm Dr. Catherine Albrecht for Startpage.com,
[01:31:26.500 --> 01:31:30.500]  the world's most private search engine.
[01:31:30.500 --> 01:31:36.500]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.500 --> 01:31:38.500]  The government says that fire brought it down.
[01:31:38.500 --> 01:31:43.500]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.500 --> 01:31:46.500]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.500 --> 01:31:49.500]  And thousands of my fellow first responders are dying.
[01:31:49.500 --> 01:31:50.500]  I'm not a conspiracy theorist.
[01:31:50.500 --> 01:31:51.500]  I'm a structural engineer.
[01:31:51.500 --> 01:31:52.500]  I'm a New York City correction officer.
[01:31:52.500 --> 01:31:53.500]  I'm an Air Force pilot.
[01:31:53.500 --> 01:31:55.500]  I'm a father who lost his son.
[01:31:55.500 --> 01:31:58.500]  We're Americans, and we deserve the truth.
[01:31:58.500 --> 01:32:02.500]  Go to RememberBuilding7.org today.
[01:32:02.500 --> 01:32:05.500]  Rule of Law Radio is proud to offer the Rule of Law Traffic Center.
[01:32:05.500 --> 01:32:08.500]  In today's America, we live in an us-against-them society.
[01:32:08.500 --> 01:32:10.500]  If we, the people, are ever going to have a free society,
[01:32:10.500 --> 01:32:13.500]  then we're going to have to stand and defend our own rights.
[01:32:13.500 --> 01:32:15.500]  Among those rights are the right to travel freely from place to place.
[01:32:15.500 --> 01:32:17.500]  The right to act in our own private capacity.
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[01:33:02.500 --> 01:33:05.500]  You are listening to the Logos Radio Network.
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[01:33:35.500 --> 01:33:38.500]  They come from natural divinity.
[01:33:38.500 --> 01:33:42.500]  They set fast roots in authenticity.
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[01:33:45.500 --> 01:33:48.500]  Rebuild the crime that there's a need.
[01:33:48.500 --> 01:33:55.500]  And I say, truth and nature must be justice, I believe.
[01:33:55.500 --> 01:34:01.500]  Truth and nature must be justice.
[01:34:01.500 --> 01:34:06.500]  I know it's a daunting task, at least I got the key to see.
[01:34:06.500 --> 01:34:11.500]  I said, mom, just take off the silly mask.
[01:34:11.500 --> 01:34:14.500]  And in the light of day, we all will fight.
[01:34:14.500 --> 01:34:20.500]  The tools of ingenuity, against the workers of iniquity.
[01:34:20.500 --> 01:34:26.500]  The tools of ingenuity, against the workers of iniquity.
[01:34:26.500 --> 01:34:30.500]  Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:34:30.500 --> 01:34:34.500]  I am here to eat crow.
[01:34:34.500 --> 01:34:42.500]  It is important that we keep, we study these, especially for Brett and I.
[01:34:42.500 --> 01:34:46.500]  This is several times Brett's caught me this way.
[01:34:46.500 --> 01:34:48.500]  Guy's arrested.
[01:34:48.500 --> 01:34:50.500]  He's taken to a magistrate.
[01:34:50.500 --> 01:34:59.500]  The magistrate holds an examining trial and he's issued an order under 16.17.
[01:34:59.500 --> 01:35:01.500]  He's issued a commitment order.
[01:35:01.500 --> 01:35:07.500]  When I saw a commitment order, I read that as a warrant.
[01:35:07.500 --> 01:35:10.500]  And all these times I've been treating it as a warrant.
[01:35:10.500 --> 01:35:14.500]  And Brett was right, it's not a warrant.
[01:35:14.500 --> 01:35:26.500]  A commitment is an order signed by the proper magistrate directing his sheriff to receive and place in jail the person so committed.
[01:35:26.500 --> 01:35:30.500]  It will be sufficient if it have the following requirements.
[01:35:30.500 --> 01:35:36.500]  Now, that sounds just like a warrant.
[01:35:36.500 --> 01:35:39.500]  But it's not.
[01:35:39.500 --> 01:35:42.500]  It's a commitment order.
[01:35:42.500 --> 01:35:47.500]  And I have never, ever seen a commitment order.
[01:35:47.500 --> 01:36:01.500]  But then a commitment order would only be indicated if the person was arrested for an on-site offense, which in fact most arrests are done that way.
[01:36:01.500 --> 01:36:03.500]  But there would have to be a commitment order.
[01:36:03.500 --> 01:36:07.500]  The commitment order would have to arise out of an examining trial, right?
[01:36:07.500 --> 01:36:09.500]  Absolutely.
[01:36:09.500 --> 01:36:19.500]  He decides there's probable cause and he decides this person is a flight risk and so we're going to have to afford them their constitutional bail.
[01:36:19.500 --> 01:36:22.500]  And oh my goodness, you don't have anything you can pull up as collateral.
[01:36:22.500 --> 01:36:24.500]  You've got no property, no nothing.
[01:36:24.500 --> 01:36:30.500]  So well, security, you don't have anybody who can vouch for you, no sureties.
[01:36:30.500 --> 01:36:32.500]  Wow, no cash bond.
[01:36:32.500 --> 01:36:36.500]  Last one item is commitment.
[01:36:36.500 --> 01:36:38.500]  We're just going to have to hold you.
[01:36:38.500 --> 01:36:41.500]  And you know, that sounds like a lot of conditions to get there.
[01:36:41.500 --> 01:36:59.500]  However, in 2019, the counties of the state of Texas paid $990 million to house people who fit those conditions.
[01:36:59.500 --> 01:37:02.500]  Another $254 million for court appointed counsel.
[01:37:02.500 --> 01:37:10.500]  That is half the entire criminal justice budget.
[01:37:10.500 --> 01:37:24.500]  That's insane because prosecuted judges are not doing to the code what Brett and I are doing right now, studying it in fine detail.
[01:37:24.500 --> 01:37:32.500]  But I was wrong. Brett was right first time and you got to be here to see it.
[01:37:32.500 --> 01:37:34.500]  I didn't mean to call you on that.
[01:37:34.500 --> 01:37:35.500]  No, that's okay.
[01:37:35.500 --> 01:37:37.500]  I'd like to be called on that.
[01:37:37.500 --> 01:37:48.500]  I'd much rather be called on that here than standing in front of a judge in my self-righteous, sanctimonious attitude and get clobbered.
[01:37:48.500 --> 01:37:51.500]  I've had that done to me before and it really sucks.
[01:37:51.500 --> 01:38:02.500]  So, Adam, are we talking about anything you're interested in or have we gotten completely off your subject?
[01:38:02.500 --> 01:38:08.500]  No, it's awesome listening to you all brainstorm about stuff.
[01:38:08.500 --> 01:38:14.500]  I guess what I'm trying to ask is let's draw a line, right?
[01:38:14.500 --> 01:38:16.500]  We're going to draw a line in the sand.
[01:38:16.500 --> 01:38:25.500]  And on one side of the line, we're going to put all the arrest records from the – you know,
[01:38:25.500 --> 01:38:39.500]  you've got from the CAD report to the Magistration Recordings in 51.7 to a complaint in front of the files all the way down to a warrant, you know, on the –
[01:38:39.500 --> 01:38:41.500]  Okay, hold on, hold on.
[01:38:41.500 --> 01:38:44.500]  I don't mean to interrupt you, but this is something I wanted to talk about.
[01:38:44.500 --> 01:38:49.500]  You just mentioned the Magistration.
[01:38:49.500 --> 01:39:01.500]  I was talking to the Hillsborough County District Attorney just last week where I had put in a request for all documents they had referenced in 1730.
[01:39:01.500 --> 01:39:03.500]  And we talked about this issue.
[01:39:03.500 --> 01:39:18.500]  And 14.06 says that the person who was supposed to be taken for a magistrate or in order to more expeditiously provide the warnings in 1570,
[01:39:18.500 --> 01:39:26.500]  they can take the person to any county in Texas and give these warnings.
[01:39:26.500 --> 01:39:30.500]  And he read that to me, and that's what they do as a Magistration.
[01:39:30.500 --> 01:39:33.500]  And I said, wait a minute, you're missing something.
[01:39:33.500 --> 01:39:40.500]  Any other county in Texas, you have a right to an examining trial in the county of jurisdiction.
[01:39:40.500 --> 01:39:47.500]  So if you're arrested out of county in order to more expeditiously provide the warnings,
[01:39:47.500 --> 01:39:58.500]  because the magistrate out of county can't hold the examining trial because you have a right to one in town and in the county of offense.
[01:39:58.500 --> 01:40:01.500]  And that fits because that's where your witnesses and stuff are.
[01:40:01.500 --> 01:40:03.500]  So they have them give them these warnings.
[01:40:03.500 --> 01:40:09.500]  And then when they bring them back to the county, then they have a right to an examining trial.
[01:40:09.500 --> 01:40:12.500]  So I looked at that.
[01:40:12.500 --> 01:40:14.500]  It refers to 1570.
[01:40:14.500 --> 01:40:18.500]  That's the biggest piece of crap statute I've ever tried to read.
[01:40:18.500 --> 01:40:23.500]  It's a huge paragraph that no human being can read and make sense of.
[01:40:23.500 --> 01:40:27.500]  I outlined the son of a gun, and it was a monster.
[01:40:27.500 --> 01:40:28.500]  Yeah, it is.
[01:40:28.500 --> 01:40:32.500]  So then I looked, I want to know where in heck did this come from?
[01:40:32.500 --> 01:40:34.500]  Who put that nonsense in there?
[01:40:34.500 --> 01:40:42.500]  Well, if you look in Vernon's, Vernon's was the publisher of all of the codes up to 1974.
[01:40:42.500 --> 01:40:47.500]  And then Westlaw or West Publishing took over.
[01:40:47.500 --> 01:41:00.500]  If you look in Vernon's civil civil Vernon's code of criminal procedure code, that part is not in there about 1570.
[01:41:00.500 --> 01:41:09.500]  If you look in Westlaw or West Publish publications in 1974, it's in there.
[01:41:09.500 --> 01:41:11.500]  So I'm looking at this.
[01:41:11.500 --> 01:41:13.500]  Who put it in there?
[01:41:13.500 --> 01:41:26.500]  I'm wanting my legislator to go to the legislature and ask them to issue a statement of legislative intent
[01:41:26.500 --> 01:41:34.500]  and clarify that this section of these warnings only applies to an arrest out of county.
[01:41:34.500 --> 01:41:38.500]  So I'm looking for who put it in there and how it got there.
[01:41:38.500 --> 01:41:44.500]  Well, it's in the code in 1974.
[01:41:44.500 --> 01:41:54.500]  Are you saying the 1601 reference to this person especially has a right to it when it comes back to the county, you know that?
[01:41:54.500 --> 01:42:02.500]  No, the reference where in 14.06 it says in order to more expeditiously provide the warnings in 1570.
[01:42:02.500 --> 01:42:04.500]  That's not in Vernon's.
[01:42:04.500 --> 01:42:09.500]  And then we've got West in 1974, it's in there.
[01:42:09.500 --> 01:42:21.500]  So I had Eddie, Eddie knows Eddie Craig, the librarians in Austin, and he sent it to them and asked them to find him the legislation.
[01:42:21.500 --> 01:42:30.500]  Well, the legislation that put that in there in 14.06 was passed in 1980.
[01:42:30.500 --> 01:42:34.500]  In 1516, it was passed in 1984.
[01:42:34.500 --> 01:42:39.500]  So what the heck is it doing in 1974?
[01:42:39.500 --> 01:42:42.500]  I think somebody snuck that garbage in there.
[01:42:42.500 --> 01:42:55.500]  And the legislature realized that it was a problem and wrote legislation to cover the bad law that was in the code already.
[01:42:55.500 --> 01:43:00.500]  No legislature made this garbage up.
[01:43:00.500 --> 01:43:04.500]  They were just trying to patch a hole.
[01:43:04.500 --> 01:43:08.500]  I'm going to do my best to get that tossed.
[01:43:08.500 --> 01:43:21.500]  If you track the population and incarceration rate, they follow one another almost exactly, increasing together until 1974.
[01:43:21.500 --> 01:43:27.500]  1974, the incarceration rate rises up, crosses population growth.
[01:43:27.500 --> 01:43:33.500]  And by the last count they had, it's almost vertical.
[01:43:33.500 --> 01:43:36.500]  This is what happened.
[01:43:36.500 --> 01:43:49.500]  Sorry, Adam was asking about drawing a line and putting things on all these arrest records on one side of the line and other things.
[01:43:49.500 --> 01:43:56.500]  Let's put Adam on the other side of the line of the break.
[01:43:56.500 --> 01:43:59.500]  We'll be right back.
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[01:46:23.500 --> 01:46:50.500]  The people come down from the hills
[01:46:50.500 --> 01:46:57.500]  The people come down from the hills
[01:46:57.500 --> 01:47:05.500]  Into the city, they will shuffle
[01:47:05.500 --> 01:47:07.500]  Many long nights, many strong friends
[01:47:07.500 --> 01:47:10.500]  Okay, we are back.
[01:47:10.500 --> 01:47:22.500]  Welcome back to Captain Brett Fountain Wheel of Law Radio, and while this has been a good show, I personally like to take the law apart in tiny little pieces.
[01:47:22.500 --> 01:47:27.500]  And frankly, I'm pleased that Brett caught me misinterpreting something.
[01:47:27.500 --> 01:47:35.500]  I always like to be caught when I'm misinterpreting something here rather than in front of a judge or something.
[01:47:35.500 --> 01:47:43.500]  Adam, I don't know if we even answered your questions, but we addressed some really complex issues.
[01:47:43.500 --> 01:47:52.500]  And John, Jason, Jack, I'm sorry, we'll probably get to one of you, but not all of you.
[01:47:52.500 --> 01:48:01.500]  Adam, is there anything else we need to address for you?
[01:48:01.500 --> 01:48:07.500]  Well, so think about it this way.
[01:48:07.500 --> 01:48:17.500]  When someone gets arrested, there's going to be a plethora of arrest records involved in that arrest.
[01:48:17.500 --> 01:48:29.500]  We can divide those records into records that may or may not exist, depending on circumstances, and records that certainly are commanded by law to exist.
[01:48:29.500 --> 01:48:39.500]  Like, for instance, we know a 1517 recording of the interaction between the magistrate and the accused under registration is commanded to exist.
[01:48:39.500 --> 01:48:41.500]  The law says it has to.
[01:48:41.500 --> 01:48:44.500]  But however, there may or may not be a warrant involved.
[01:48:44.500 --> 01:48:46.500]  There may or may not be a body cam.
[01:48:46.500 --> 01:48:50.500]  There may or may not be a dash cam.
[01:48:50.500 --> 01:49:02.500]  Out of all the conceivable records from an arrest that could exist, you can divide them into may or may not and must.
[01:49:02.500 --> 01:49:21.500]  Now, out of all of those, which ones could be considered an exception to disclosure under 552-108 because of law enforcement corrections or prosecutorial information?
[01:49:21.500 --> 01:49:33.500]  And which ones would fall into the category of 100% definitely subject to the common law or 552 or judicial administration?
[01:49:33.500 --> 01:49:35.500]  Okay, I got this.
[01:49:35.500 --> 01:49:43.500]  Which records must be there and which ones must be produced?
[01:49:43.500 --> 01:49:46.500]  If there's a warrant, it must be produced.
[01:49:46.500 --> 01:49:51.500]  If there's a statement of probable cause in support of the warrant, it must be produced.
[01:49:51.500 --> 01:49:55.500]  If there is no warrant, there must be a statement of probable cause.
[01:49:55.500 --> 01:49:59.500]  It must be produced.
[01:49:59.500 --> 01:50:04.500]  That's all that matters.
[01:50:04.500 --> 01:50:08.500]  Those two have to be there.
[01:50:08.500 --> 01:50:12.500]  That's what establishes grounds for the arrest.
[01:50:12.500 --> 01:50:24.500]  As far as body cams and dash cams and such and what reports, there's not any statutory requirement that the cop has to turn on his...
[01:50:24.500 --> 01:50:27.500]  Oh, I'm sorry.
[01:50:27.500 --> 01:50:33.500]  The Michael Morton Act requires them to produce everything they got.
[01:50:33.500 --> 01:50:42.500]  Yeah, but they don't necessarily have any rules that are consistent from one place to another as to when they have to turn it on, whether they're allowed to delete at the end of the day and so forth.
[01:50:42.500 --> 01:50:49.500]  What they actually have is not statutorily stipulated, but if they got it...
[01:50:49.500 --> 01:50:51.500]  Right, if they have it.
[01:50:51.500 --> 01:51:04.500]  What I do is I ask for records, somebody else, I get somebody else to ask for records to say, what are your policies about your data retention?
[01:51:04.500 --> 01:51:18.500]  And the chief of police or the sheriff needs to just give me whatever the policies are to say, oh yeah, we allow our officers to delete things or we make sure that our officers are never allowed to delete.
[01:51:18.500 --> 01:51:32.500]  We keep things for 60 days unless there's an investigation and then it's 180 days unless there's an investigation continues, then we keep it as long as the disposition is not yet final.
[01:51:32.500 --> 01:51:35.500]  They have all these little rules that they set up.
[01:51:35.500 --> 01:51:44.500]  And is the officer allowed to review his video before he writes his report or not and so forth?
[01:51:44.500 --> 01:51:48.500]  And those policies will help to inform your records request.
[01:51:48.500 --> 01:51:55.500]  Hey, I know you're supposed to have that.
[01:51:55.500 --> 01:52:05.500]  Okay, and as far as I know, the only thing they absolutely must have is a complaint and a statement of probable cause.
[01:52:05.500 --> 01:52:08.500]  Those two can be combined.
[01:52:08.500 --> 01:52:14.500]  If a warrant has been issued, they must maintain that.
[01:52:14.500 --> 01:52:19.500]  But I don't know of anything else they absolutely are commanded to have.
[01:52:19.500 --> 01:52:22.500]  Unless there's some new rules about body cams and stuff.
[01:52:22.500 --> 01:52:25.500]  Do you know of any, Brett?
[01:52:25.500 --> 01:52:35.500]  No, I wish there would be some to make it all standard, but nope, it seems to be pretty much every department just flies by the seat of their pants.
[01:52:35.500 --> 01:52:40.500]  If you request the records, then they have to hold on to them if they have them.
[01:52:40.500 --> 01:52:43.500]  Otherwise, it's affiliation like Randy was talking about earlier.
[01:52:43.500 --> 01:52:51.500]  And the complaint and statement of probable cause, that is commanded to be presented to the magistrate
[01:52:51.500 --> 01:52:59.500]  and the magistrate is commanded to seal in an envelope before the clerk of the court of jurisdiction.
[01:52:59.500 --> 01:53:02.500]  The court of jurisdiction does not have them.
[01:53:02.500 --> 01:53:09.500]  I've not seen a single court that has them.
[01:53:09.500 --> 01:53:14.500]  Adam, have we answered your question?
[01:53:14.500 --> 01:53:17.500]  Yeah, pretty close.
[01:53:17.500 --> 01:53:19.500]  Stephanie helped me out.
[01:53:19.500 --> 01:53:27.500]  It's just they want to start to throw, grab stuff and throw it under the 552108 exception.
[01:53:27.500 --> 01:53:36.500]  Just hand it all into the prosecutor's lap with no probable cause of determination or 1617 or 74.0.
[01:53:36.500 --> 01:53:39.500]  None of that's been done.
[01:53:39.500 --> 01:53:45.500]  With 16.17, is there Achilles heel?
[01:53:45.500 --> 01:53:56.500]  If they don't have one forwarded to the clerk of the court of jurisdiction within 48 hours, the accused shall be discharged.
[01:53:56.500 --> 01:54:01.500]  And the way they get around that is this magistration thing.
[01:54:01.500 --> 01:54:10.500]  And that's why I went to that problem with it being in the law before it was actually passed.
[01:54:10.500 --> 01:54:17.500]  Somebody came up with that garbage, convinced Westlaw to put it in the code.
[01:54:17.500 --> 01:54:24.500]  And then six years later, it actually gets passed.
[01:54:24.500 --> 01:54:35.500]  And I think it was passed just to cover themselves for having it in there six years before it was law.
[01:54:35.500 --> 01:54:42.500]  And I'm going to go to the legislature and see if I can't get that fixed.
[01:54:42.500 --> 01:54:52.500]  I want to take it out of there because it has the effect of nullifying Chapter 16 Code of Criminal Procedure.
[01:54:52.500 --> 01:54:55.500]  Or at least the way these prosecutors are spinning it.
[01:54:55.500 --> 01:54:58.500]  Yes.
[01:54:58.500 --> 01:55:01.500]  That's my story. I'm sticking to it.
[01:55:01.500 --> 01:55:05.500]  Adam, do you have anything else you need from us?
[01:55:05.500 --> 01:55:07.500]  Yeah, the probable cause affidavit.
[01:55:07.500 --> 01:55:10.500]  Does that have to be sworn to like a complaint?
[01:55:10.500 --> 01:55:13.500]  Absolutely.
[01:55:13.500 --> 01:55:19.500]  It's not an affidavit if it's not sworn to.
[01:55:19.500 --> 01:55:23.500]  And Adam, you also mentioned a record of the 1517,
[01:55:23.500 --> 01:55:29.500]  the interaction between the magistrate and the accused, or I guess he's only a suspect at that point.
[01:55:29.500 --> 01:55:37.500]  But that interaction, what I've seen them do for that is instead of like making a recording, a video or audio,
[01:55:37.500 --> 01:55:40.500]  you don't know all the words that were said, they just have a little check box.
[01:55:40.500 --> 01:55:43.500]  It covers about half a page, and they have a check box.
[01:55:43.500 --> 01:55:46.500]  They run down, you know, I gave him this warning, I gave him that warning.
[01:55:46.500 --> 01:55:50.500]  They just run their pen down through all the little check boxes.
[01:55:50.500 --> 01:55:52.500]  There's your record.
[01:55:52.500 --> 01:56:02.500]  Okay, so why would the 1517 magistration warning that they're supposed to make a recording of,
[01:56:02.500 --> 01:56:07.500]  regardless of how they made the recording, whether it be check boxes or an actual video or audio,
[01:56:07.500 --> 01:56:12.500]  why would that ever be considered an exception to disclosure under 552108?
[01:56:12.500 --> 01:56:15.500]  That's not. It can't be. No way.
[01:56:15.500 --> 01:56:18.500]  Well, they're telling me that it is. They won't give it to me.
[01:56:18.500 --> 01:56:20.500]  Well, okay, they don't.
[01:56:20.500 --> 01:56:22.500]  Jackson's pretty good about jumping down their throat.
[01:56:22.500 --> 01:56:23.500]  Tell Ken what they're doing.
[01:56:23.500 --> 01:56:25.500]  Send him a little cover letter.
[01:56:25.500 --> 01:56:29.500]  He likes an exercise. He likes to know about that.
[01:56:29.500 --> 01:56:32.500]  They can't tell you that.
[01:56:32.500 --> 01:56:37.500]  They have to ask the state attorney general to tell you that.
[01:56:37.500 --> 01:56:39.500]  Well, they didn't do that.
[01:56:39.500 --> 01:56:42.500]  Then they had to produce it.
[01:56:42.500 --> 01:56:48.500]  Presumed open.
[01:56:48.500 --> 01:56:54.500]  They got 10 days to file a request for an opinion from the state attorney general.
[01:56:54.500 --> 01:57:05.500]  And if you get an opinion and the opinion is a letter of opinion referencing preexisting determinations,
[01:57:05.500 --> 01:57:11.500]  then you charge them with delay for delay's sake, violating the act.
[01:57:11.500 --> 01:57:21.500]  They have a duty to research the existing determinations before they withhold the records.
[01:57:21.500 --> 01:57:26.500]  That's my story and I'm sticking to it.
[01:57:26.500 --> 01:57:30.500]  Well, they're just pretty much grabbing everything but the CAAD report
[01:57:30.500 --> 01:57:32.500]  and telling me that I can't have it.
[01:57:32.500 --> 01:57:36.500]  How many criminal charges have you filed against them?
[01:57:36.500 --> 01:57:43.500]  Well, I'm just trying to get them a duck through before I start going in there and raising hell.
[01:57:43.500 --> 01:57:49.500]  We're saying they cannot deny you records themselves.
[01:57:49.500 --> 01:57:50.500]  They're forbidden to.
[01:57:50.500 --> 01:57:53.500]  If they feel like they can withhold records,
[01:57:53.500 --> 01:58:03.500]  they have to file an action with the state attorney general and get the state attorney general's opinion.
[01:58:03.500 --> 01:58:09.500]  Well, under 552, my only remedy is the suit.
[01:58:09.500 --> 01:58:12.500]  The suit against them is down in the 300s.
[01:58:12.500 --> 01:58:16.500]  No, no, no. The Open Records Act is not a civil statute.
[01:58:16.500 --> 01:58:18.500]  It's a criminal statute.
[01:58:18.500 --> 01:58:21.500]  552.353.
[01:58:21.500 --> 01:58:22.500]  That's right.
[01:58:22.500 --> 01:58:26.500]  Violation of the acts of sufficient misconduct.
[01:58:26.500 --> 01:58:28.500]  File on them.
[01:58:28.500 --> 01:58:31.500]  Well, I think I've got enough. I appreciate y'all.
[01:58:31.500 --> 01:58:36.500]  Okay. Sorry, John, Jason, Jack, we didn't get to you.
[01:58:36.500 --> 01:58:39.500]  It was a good show anyway.
[01:58:39.500 --> 01:58:42.500]  Call us back next week or send me an email.
[01:58:42.500 --> 01:58:44.500]  Randy Kelton, Brett Fountain, We Love Radio.
[01:58:44.500 --> 01:58:50.500]  Thank you all for listening and good night.
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