ROL_2023-04-27_16k.timecode

[00:00.000 --> 00:05.500]  The Bill of Rights contains the first 10 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 --> 00:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:27.000 --> 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 --> 00:50.500]  Most of us know that taking the Fifth means you're choosing to remain silent about a criminal matter.
[00:50.500 --> 00:55.000]  It's a good way to remember that the Fifth Amendment spells out what can and can't happen to you
[00:55.000 --> 00:57.000]  when you're accused of a criminal offense.
[00:57.000 --> 01:02.000]  The Fifth guarantees due process, prohibits trying someone more than once for the same crime,
[01:02.000 --> 01:04.000]  and lets you keep your mouth shut.
[01:04.000 --> 01:09.000]  The Founding Fathers inserted these constitutional provisions to protect citizens from torture.
[01:09.000 --> 01:13.500]  Back in the day, governments often used painful methods to extract confessions.
[01:13.500 --> 01:18.000]  The Fifth Amendment also prohibits the government from taking your house and land without paying you for it.
[01:18.000 --> 01:20.000]  That used to happen a lot too.
[01:20.000 --> 01:25.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31.000 --> 01:35.000]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:35.000 --> 01:39.000]  They guarantee the specific freedoms Americans should know and protect.
[01:39.000 --> 01:41.000]  Our liberty depends on it.
[01:41.000 --> 01:47.000]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:47.000 --> 01:49.000]  Privacy is under attack.
[01:49.000 --> 01:52.000]  When you give up data about yourself, you'll never get it back again.
[01:52.000 --> 01:57.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:57.000 --> 02:02.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:02.000 --> 02:05.000]  Privacy. It's worth hanging on to.
[02:05.000 --> 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 --> 02:15.000]  Start over with StartPage.
[02:15.000 --> 02:19.000]  The number 666 reminds me of evil.
[02:19.000 --> 02:24.000]  I also associate it with the sick feeling one might get when falsely accused of a heinous crime
[02:24.000 --> 02:28.000]  or when thinking about sickos who actually do commit acts of murder and mayhem.
[02:28.000 --> 02:32.000]  Either way, the number 666 can help you remember that the Sixth Amendment
[02:32.000 --> 02:37.000]  deals with the constitutionally guaranteed rights Americans have in a criminal trial.
[02:37.000 --> 02:41.000]  Those include the right to a speedy public trial, the right to an impartial jury,
[02:41.000 --> 02:45.000]  the right to full information about the charges, the right to an attorney,
[02:45.000 --> 02:48.000]  and the right to confront any witnesses face to face.
[02:48.000 --> 02:52.000]  666, sick, sickos, and the Sixth Amendment. Get it?
[02:52.000 --> 03:12.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[03:22.000 --> 03:27.000]  Whatcha gonna do?
[03:27.000 --> 03:30.000]  Bad boys, bad boys, whatcha gonna do?
[03:30.000 --> 03:32.000]  Whatcha gonna do when they come for you?
[03:32.000 --> 03:35.000]  Bad boys, bad boys, whatcha gonna do?
[03:35.000 --> 03:38.000]  Whatcha gonna do when they come for you?
[03:38.000 --> 03:41.000]  When you were eight and you had bad traits,
[03:41.000 --> 03:43.000]  you'd go to school and learn the golden rule.
[03:43.000 --> 03:46.000]  So why are you acting like a bloody fool?
[03:46.000 --> 03:49.000]  If you get hot, then you must get cool.
[03:49.000 --> 03:52.000]  Bad boys, bad boys, whatcha gonna do?
[03:52.000 --> 03:54.000]  Whatcha gonna do when they come for you?
[03:54.000 --> 03:57.000]  Bad boys, bad boys, whatcha gonna do?
[03:57.000 --> 04:00.000]  Whatcha gonna do when they come for you?
[04:00.000 --> 04:03.000]  You chuck it on that one, you chuck it on this one,
[04:03.000 --> 04:06.000]  you chuck it on your mother and you chuck it on your father.
[04:06.000 --> 04:08.000]  You chuck it on your brother and you chuck it on your sister.
[04:08.000 --> 04:11.000]  You chuck it on that one and you chuck it on me!
[04:11.000 --> 04:14.000]  Bad boys, bad boys, whatcha gonna do?
[04:14.000 --> 04:16.000]  Whatcha gonna do when they come for you?
[05:16.000 --> 05:45.000]  I know sometimes, you wanna let go, hey, hey, hey, I know sometimes.
[05:45.000 --> 05:57.000]  Okay, howdy, howdy, Randy Kelkin, Brett Fountain, Root of Love Radio on this, the 27th day of April, 2023.
[05:57.000 --> 06:01.000]  And we're gonna start out this show with something I'm not sure what it is yet.
[06:01.000 --> 06:05.000]  Brett, what are you gonna start out with?
[06:05.000 --> 06:12.000]  We were talking before the show about what we would start with.
[06:12.000 --> 06:23.000]  I'll tell you one thing that stands out to me is we've got this guy in Henderson County, Texas, who he got thrown in jail.
[06:23.000 --> 06:35.000]  Apparently, the police report says that he was stalking a judge and that he had made a death threat against a judge.
[06:35.000 --> 06:45.000]  And the guy says, well, I don't even know what they're talking about. I don't know who it is that I supposedly stalked or anything.
[06:45.000 --> 06:58.000]  He didn't have a clue. So he's still sitting in the jail, and they haven't brought him before a magistrate or done any kind of official paperwork
[06:58.000 --> 07:06.000]  to create an indictment of a grand jury or an information of a prosecuting attorney, be the primary pleadings, right?
[07:06.000 --> 07:14.000]  They haven't even done what comes before that, the step that would be the examining trial, determination of probable cause,
[07:14.000 --> 07:22.000]  16.17 order that would go to the clerk of the appropriate court. So none of that has happened.
[07:22.000 --> 07:29.000]  And it's been, let's see, I did a habeas about three, a little over three weeks ago.
[07:29.000 --> 07:42.000]  And before that, it was, I think it was 29 days when I wrote that. So we're looking at seven weeks right now that he's been sitting there.
[07:42.000 --> 07:55.000]  And the judges are just ignoring the petition for writ of habeas, which is not something they have any prerogative discretion to do.
[07:55.000 --> 07:59.000]  So we go to the Court of Appeals.
[07:59.000 --> 08:11.000]  Yeah, that's the ones I went to on bank. So they have nine justices who are currently guilty of letting this guy sit there and rot for seven weeks.
[08:11.000 --> 08:18.000]  They've supposedly moved him and moved this guy into the most dangerous pod they have,
[08:18.000 --> 08:29.000]  which is maximum security, the highest offenders. They stuck a red band on his wrist to make him the most dangerous of the dangerous.
[08:29.000 --> 08:36.000]  Not cool. So they're trying to get him killed in jail. Yep.
[08:36.000 --> 08:43.000]  Well, I need to call down there. I need to call down there tomorrow from the law radio.
[08:43.000 --> 08:51.000]  I understand you got a guy in jail. You're trying to get him murdered because he annoyed one of your judges.
[08:51.000 --> 08:58.000]  Oh, I don't think that's the case. Oh, that's OK. Who cares? It's going to make a great story.
[08:58.000 --> 09:08.000]  Has anyone got my 1617 motion to him yet?
[09:08.000 --> 09:14.000]  Not that I know of. I haven't seen anybody talking about that. I haven't seen it.
[09:14.000 --> 09:20.000]  They said they wouldn't let him give it to him personally. They said mail it.
[09:20.000 --> 09:32.000]  That was the paperwork for their house because his wife and son are being evicted while he's in there and can't deal with it.
[09:32.000 --> 09:43.000]  I wrote them a suit for that. They're trying to get it filed, but I gave them a 1617 order.
[09:43.000 --> 09:50.000]  Oh, OK. Well, maybe she was trying to get him to sign both. I thought it was just the foreclosure thing.
[09:50.000 --> 10:00.000]  He needs to get out of there. They need to start fearing the people.
[10:00.000 --> 10:06.000]  We need to take a habeas to the Court of Criminal Appeals.
[10:06.000 --> 10:11.000]  There needs to be some accountability for anybody who's that lawless.
[10:11.000 --> 10:21.000]  OK. When we get done with the show tonight, turn the phone lines on. I don't have my page.
[10:21.000 --> 10:36.000]  Let's talk after the show and see if I can put together a habeas. I'm not in Austin.
[10:36.000 --> 10:42.000]  I'm thinking the next habeas. I was about to do a federal one because it's been seven weeks.
[10:42.000 --> 10:50.000]  It's been three weeks since the highest court in Texas started ignoring it.
[10:50.000 --> 10:59.000]  I'm thinking federal habeas. I was talking earlier with this guy's wife, and she said she's going to do a federal habeas.
[10:59.000 --> 11:07.000]  So I encouraged her. I told her, yes, that's exactly what I consider to be a solid next step.
[11:07.000 --> 11:09.000]  How long ago is this?
[11:09.000 --> 11:11.000]  That was today, this afternoon.
[11:11.000 --> 11:12.000]  Oh, OK.
[11:12.000 --> 11:23.000]  So she hasn't done it yet, I'm sure, but she's got the form off of the uscourts.gov, and she will be doing it maybe tonight.
[11:23.000 --> 11:27.000]  Good. That might get it done.
[11:27.000 --> 11:31.000]  All right. We've got one person on the line so far.
[11:31.000 --> 11:38.000]  I turned on the phone lines and Ted from California has already jumped in there.
[11:38.000 --> 11:43.000]  Do you want to go ahead and go to him or do you have something else you want to do?
[11:43.000 --> 11:46.000]  Yeah, let's go ahead and go to Ted.
[11:46.000 --> 11:52.000]  All right. I got that. Hello, Ted. You are live.
[11:52.000 --> 11:54.000]  Good evening, gentlemen.
[11:54.000 --> 11:56.000]  Good evening.
[11:56.000 --> 12:01.000]  I'm kind of taken aback by the story that you started the show with.
[12:01.000 --> 12:09.000]  And I also I think I missed this section because I was listening on my laptop and then I called.
[12:09.000 --> 12:14.000]  So because I'm thinking also go to the federal court.
[12:14.000 --> 12:17.000]  Yes, exactly.
[12:17.000 --> 12:24.000]  We agree. That's what we were just talking about. It seems like that's the solid next step to take.
[12:24.000 --> 12:28.000]  You know, you can do a habeas in the Fed and in the state.
[12:28.000 --> 12:31.000]  And we've done the state. We're being ignored.
[12:31.000 --> 12:38.000]  And it's time to take a look at get the Fed's attention on them.
[12:38.000 --> 12:43.000]  OK, so I'm also glad I'm hearing this.
[12:43.000 --> 12:53.000]  And I want to say, you know, any anytime I just listen to the show on my computer, I'm always learning things.
[12:53.000 --> 13:05.000]  And right now, I've kind of got a chill going through me over the story that you've shared here, because this is what these tyrants do.
[13:05.000 --> 13:09.000]  Yeah, you know what it's like. Yeah.
[13:09.000 --> 13:15.000]  You have personal experience. Some people, they listen and it's it's all theory for them.
[13:15.000 --> 13:23.000]  And yeah, you're you're one who has been heavily oppressed. So you can totally understand.
[13:23.000 --> 13:28.000]  You have the T-shirt.
[13:28.000 --> 13:32.000]  Been there, done that, got the T-shirt.
[13:32.000 --> 13:47.000]  You know, I'm so angry over what Santa Clara County pulled on me that the only T-shirt that I feel like where it has the one finger wave on it.
[13:47.000 --> 13:50.000]  I've had it with all of them.
[13:50.000 --> 14:02.000]  And I'm slow to to be starting, but I'm still going through jurisdiction. And I'm trying to lay this out as Dr. Graves points out.
[14:02.000 --> 14:07.000]  You know, you don't go file a lawsuit and then figure out how to prosecute it.
[14:07.000 --> 14:10.000]  And you want to have your ducks in a row.
[14:10.000 --> 14:19.000]  You want to anticipate, you know, their move and even start that those pleadings in response.
[14:19.000 --> 14:25.000]  But what this just really is upsetting.
[14:25.000 --> 14:33.000]  And you talk about something like this and you go, what country are we in?
[14:33.000 --> 14:36.000]  You know, what country are we in?
[14:36.000 --> 14:59.000]  These politicians, lawyers and judges, they're sitting on the grave of our service members. Every person who has fought for this country or served this country is being disrespected here.
[14:59.000 --> 15:02.000]  And that's a light word for it.
[15:02.000 --> 15:07.000]  But it's it's just outrageous where we're at.
[15:07.000 --> 15:28.000]  And I really, really think that we've got to educate people as to who we are as Americans and what you don't have any right except the right that you fight for and enforce.
[15:28.000 --> 15:39.000]  And I don't mean like you see on these YouTube videos at traffic stops or people shoving cameras in front of police officers faces when they're trying to do their job.
[15:39.000 --> 15:43.000]  That's not the time on the side of the road to enforce your right.
[15:43.000 --> 15:58.000]  Everything is going to be through paper, putting it in writing and what you get submitted into court or if you're filing criminal complaints or judicial complaints.
[15:58.000 --> 16:02.000]  And, you know, we just have to continue down this road.
[16:02.000 --> 16:16.000]  You know, my my fight, I feel really has just begun. I was smart enough to keep my head low enough that I only spent a few days in jail.
[16:16.000 --> 16:25.000]  I was terrorized for eight years, terrorized that I was absolutely going to prison for a minimum of three years.
[16:25.000 --> 16:36.000]  And I knew that they would try to hurt me in prison and or kill me.
[16:36.000 --> 16:42.000]  Just really the times we're in, we've got to get smarter about this.
[16:42.000 --> 16:45.000]  We've got to stick up for each other.
[16:45.000 --> 16:47.000]  OK, hang on. Don't go away.
[16:47.000 --> 16:55.000]  Randy Kelton, Brett Fountain, Moodler Law Radio. Oh, I was going to give out the calling number. We have a full board. Hang on.
[16:55.000 --> 17:00.000]  We'll be right back.
[17:00.000 --> 17:06.000]  Through advances in technology, our lives have greatly improved, except in the area of nutrition.
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[19:20.000 --> 19:48.000]  Okay. Howdy, howdy. Randy Kelton, Brett Fountain, Wheel of Law Radio. We are back.
[19:48.000 --> 19:56.000]  We're talking to Ted in California, and Ted wasn't muted, and I just muted him.
[19:56.000 --> 20:01.000]  Okay. Now you're unmuted, Ted.
[20:01.000 --> 20:02.000]  Thank you.
[20:02.000 --> 20:07.000]  Okay. How is your Fed suit going?
[20:07.000 --> 20:12.000]  Well, I don't have a Fed suit filed at the moment.
[20:12.000 --> 20:16.000]  What? What? What?
[20:16.000 --> 20:20.000]  I thought you had it. It went after him quite a while ago.
[20:20.000 --> 20:27.000]  Yeah, but the previous Fed suit was dismissed without prejudice.
[20:27.000 --> 20:41.000]  And even this nine-page opinion put it in all capital letters without prejudice and also put in there, come back after the Superior Court criminal case was resolved.
[20:41.000 --> 20:54.000]  The next step is, it's a simple step, is that you put in a claim to the county, and then you file your lawsuit.
[20:54.000 --> 21:07.000]  And yeah, I'm slow here. I have reasons for that, including that I'm taking care of my mom full-time now, and so I'm even out of the state.
[21:07.000 --> 21:19.000]  Let me make a suggestion. Send in a notice, a notice and opportunity to cure. Do you know how much you're going to sue them for?
[21:19.000 --> 21:40.000]  You know, I haven't put it down on paper, but I'm around $750 million, and we discussed this last week. You were saying to go with 10% of the operating expense of the courts for the year.
[21:40.000 --> 21:43.000]  Did I get that right?
[21:43.000 --> 22:01.000]  I don't recall that. Look at what the court is costing the county, and if you can find numbers on it, how much money the court is bringing in.
[22:01.000 --> 22:13.000]  Because people look at this and say, $750 million? Holy moly, where did you come up with that number? Well, I sued Texas for $500 million.
[22:13.000 --> 22:28.000]  And they say, where did you come up with that number? Here's where I came up with that number. It's costing the counties $10.9 billion a year to house pre-trial inmates.
[22:28.000 --> 22:42.000]  The Office of Court Administration claimed they were spending $990, but I did my own calculations, and it came up to almost $12 billion.
[22:42.000 --> 22:54.000]  It was almost $12 billion, so it was $11.9 billion. So $11.9 billion? $500 million is chump change.
[22:54.000 --> 23:04.000]  So figure out how much money is moving through that court a year, and if you're maintaining if that money is moving through that court illegally,
[23:04.000 --> 23:15.000]  then how much would be enough to get the court's attention to ensure that they would never allow these kinds of improper acts to happen again?
[23:15.000 --> 23:22.000]  So I'm saying $700 million? That'll work.
[23:22.000 --> 23:30.000]  Okay. Are you talking about all aspects, civil and criminal, parts of the court?
[23:30.000 --> 23:37.000]  Yeah. The whole state, not just that local jurisdiction.
[23:37.000 --> 23:47.000]  Oh, the whole state. Okay. Well, I think it could—here's what I—again, we haven't come up with the name of that lawyer. It's my bad for not researching it.
[23:47.000 --> 24:07.000]  He's a famous Wyoming lawyer. He used to explain how you had to award the plaintiff an amount that would cause the bad-doers to stop this practice.
[24:07.000 --> 24:25.000]  And that's what is part of this, is stopping this practice several things. One, that the county, the state judges, state-employed judges who preside in the county on the bench are also receiving money from the county.
[24:25.000 --> 24:39.000]  And then the county is the prosecutor. The district attorney is by county. And so you basically have the county prosecuting and the county paying the judge.
[24:39.000 --> 24:53.000]  How does that work? And another thing, when we were on the break, I thought regarding the guy that's currently in jail, an emergency bail hearing needs to be demanded.
[24:53.000 --> 25:07.000]  Yeah, guess what? We were doing all this chanting about how he needs his wife to file this petition for a writ of habeas corpus, right?
[25:07.000 --> 25:16.000]  Well, then they put a public defender on him, and the public defender obviously heard that from this guy's wife.
[25:16.000 --> 25:32.000]  So the public defender, after he couldn't avoid it anymore, he put in a motion to apply for a petition for writ of habeas corpus and to have a bond reduction hearing.
[25:32.000 --> 25:48.000]  Because they went ahead without having any kind of bail hearing. They didn't even talk about probable cause, let alone figure out is he a flight risk and all that, to come up with all the decisions, all the factors that need to be considered to set a certain amount.
[25:48.000 --> 25:57.000]  They just went ahead and said his bail is $450,000 without any deliberations of any kind.
[25:57.000 --> 26:08.000]  Ted, you're probably not going to believe this, but I remembered who that lawyer was. It was Jerry Spence.
[26:08.000 --> 26:12.000]  There you go.
[26:12.000 --> 26:28.000]  The thing about habeas, anybody can file a habeas. So we really need one filed with the Court of Criminal Appeals.
[26:28.000 --> 26:31.000]  Get out of these local courts.
[26:31.000 --> 26:42.000]  Well, another thing is I, from my own experience, get that public defender off of him immediately. And then he goes into court and—
[26:42.000 --> 26:48.000]  No, don't get him off. You have about a dozen people bar-gripping.
[26:48.000 --> 26:50.000]  Yeah, that—
[26:50.000 --> 27:02.000]  And then tell him, contact him and tell him to object to the lawyer withdrawing.
[27:02.000 --> 27:08.000]  Now you have the lawyer by the testicles.
[27:08.000 --> 27:11.000]  Well, you give him a list of things that you want him to do.
[27:11.000 --> 27:17.000]  Yeah, and when he doesn't do it, all your buddies out here will bar-grieve him again.
[27:17.000 --> 27:27.000]  Who set this bail? You know, if there was no hearing for this, where's the justification for this bail amount, as Brett already alluded to?
[27:27.000 --> 27:32.000]  That's a good point. Brett?
[27:32.000 --> 27:38.000]  You've got to get him in court on the record. Sounding stupid.
[27:38.000 --> 27:41.000]  Well, here's the problem is—
[27:41.000 --> 27:46.000]  They're not holding any hearings. They just threw the guy in the hole.
[27:46.000 --> 27:47.000]  Right.
[27:47.000 --> 27:49.000]  They're not having hearings.
[27:49.000 --> 27:53.000]  Yeah, probably the best thing is a habeas to the Fed.
[27:53.000 --> 28:01.000]  Well, also, Randy, I think, again, if it's not in writing and filed into the case, it doesn't exist.
[28:01.000 --> 28:16.000]  And somebody needs to say that they believe—it needs to be put into the case that they believe he's being held and so that something happens to him in custody.
[28:16.000 --> 28:26.000]  I have actually said that. I swore to it. I said it to nine different judges, the highest judges in Texas.
[28:26.000 --> 28:32.000]  They're ignoring it.
[28:32.000 --> 28:37.000]  Wait a minute. Hold on, Brett. You sent it to the Court of Criminal Appeals?
[28:37.000 --> 28:39.000]  Yes.
[28:39.000 --> 28:45.000]  Whoa, then we need to craft a criminal complaint against them. I put them in front of—
[28:45.000 --> 28:48.000]  I did.
[28:48.000 --> 28:58.000]  I did a mail merge, and I put all of their names on—I put two criminal complaints for each one. So that's 18 criminal complaints for those nine judges.
[28:58.000 --> 29:01.000]  Who did you send them to?
[29:01.000 --> 29:12.000]  I haven't sent them to anywhere yet. I just sent them to this guy who said he would send them out, and I heard back from him he said he did, but I'm not sure yet. I didn't ask him to which registries or where.
[29:12.000 --> 29:20.000]  I sent them. They go to Jose Garza. Maybe I should file them because I've already stung Jose Garza.
[29:20.000 --> 29:29.000]  I'll send you the 18 and you can give them to me.
[29:29.000 --> 29:42.000]  I'll send them to him. That might get his attention, because I put the Texas Court of Criminal Appeals—I put those nine judges in front of a grand jury in 2008, and I've just sued them again.
[29:42.000 --> 29:54.000]  We don't have them served yet, but I'm sure they know about it. Hang on. Randy Carlton, Brett Fountain, Rule of Law Radio, a call-in number 512-646-1984.
[29:54.000 --> 30:00.000]  Oh, never mind. Pretend you didn't hear that. We'll be right back.
[30:00.000 --> 30:11.000]  Businesses ask you for a lot of personal information, and you may trust them to keep it safe. But it turns out that even the most trusted companies may be unwittingly revealing your secrets.
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[31:21.000 --> 31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[33:55.000 --> 34:04.000]  Okay, we are back to Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Ted in California.
[34:04.000 --> 34:08.000]  Okay, Ted, where were we?
[34:08.000 --> 34:18.000]  Well, I've had some time to think about this. When you're in custody, there are sometimes hard stops.
[34:18.000 --> 34:24.000]  I believe that 72 hours, you're either charged or you have to be released.
[34:24.000 --> 34:30.000]  After you've been charged, if you're in custody, you're entitled to a preliminary hearing within 10 days.
[34:30.000 --> 34:41.000]  And these are speedy, that's a speedy trial, right? If they don't take you, once you're charged, if they don't take you to a preliminary hearing within 10 days, it's over right there.
[34:41.000 --> 34:49.000]  That may be California, that's not Texas. Actually, that's not California either.
[34:49.000 --> 35:00.000]  Because one of the primary cases on the time limit is McLaughlin v. City of Riverside.
[35:00.000 --> 35:05.000]  And it says 48 hours.
[35:05.000 --> 35:11.000]  And that's what it actually says in Texas that
[35:11.000 --> 35:21.000]  what they have after 48 hours, do you remember what it says? What do they have to do, Brett?
[35:21.000 --> 35:27.000]  We've got the 48 hours from examining trial to
[35:27.000 --> 35:36.000]  it's deemed to be a finding of no probable cause if no order has been issued within 48 hours.
[35:36.000 --> 35:43.000]  But there's nothing that commands them to have to
[35:43.000 --> 35:52.000]  have to have the examining trial. It's just understood from all of everything else that's going on that that's immediately what has to happen.
[35:52.000 --> 36:03.000]  Now, Kirsten v. Pugh says that it has to happen before there's a probable cause determination has to happen before there's any
[36:03.000 --> 36:07.000]  pretrial. How did they put it?
[36:07.000 --> 36:13.000]  The first adversarial hearing
[36:13.000 --> 36:21.000]  is to be a preliminary hearing and the feds call an examining trial a preliminary hearing.
[36:21.000 --> 36:27.000]  And in Texas, they don't do it at all.
[36:27.000 --> 36:35.000]  They're required to take them directly to the nearest magistrate. 1406 arrest for on-site offense.
[36:35.000 --> 36:38.000]  1516 arrest on a warrant.
[36:38.000 --> 36:43.000]  543.002 arrest on a traffic citation.
[36:43.000 --> 36:49.000]  All three require that they be taken directly to the nearest magistrate.
[36:49.000 --> 36:55.000]  And the magistrate is to convene an examining court.
[36:55.000 --> 37:04.000]  When a magistrate sits for the purpose of examining into a criminal accusation that is an examining court, an examining court is held under Chapter 16.
[37:04.000 --> 37:10.000]  They're to do this immediately. And that's what my lawsuit is about.
[37:10.000 --> 37:13.000]  I'm claiming that
[37:13.000 --> 37:24.000]  the Court of Criminal Appeals was required to prepare curriculum to train magistrates in the setting of bail and other duties.
[37:24.000 --> 37:35.000]  But instead of training them in the setting of bail and other duties, they conspired with them toward predicate acts, toward an ongoing criminal conspiracy.
[37:35.000 --> 37:40.000]  And that's the definition of RICO.
[37:40.000 --> 37:47.000]  So they're supposed to take them directly to the nearest magistrate. And that's what I'm trying to get done.
[37:47.000 --> 37:57.000]  But in this case, since all the juggies were in on it because it felt like they were messing with one of their own, that probably wouldn't have helped very much.
[37:57.000 --> 38:03.000]  So since the Court of Criminal Appeals has the habeas,
[38:03.000 --> 38:08.000]  then wow.
[38:08.000 --> 38:17.000]  The only thing left is go to the feds for a mandamus.
[38:17.000 --> 38:26.000]  Can you file a mandamus with the lower court, ask it to order a higher court to do something?
[38:26.000 --> 38:41.000]  You mean like to have the district court, state district court tell the Court of Criminal Appeals that they have a ministerial duty to act on the issuance of a...
[38:41.000 --> 38:53.000]  What we need to do is go to the Chief Justice of the Supreme with criminal charges against every member of the Court of Criminal Appeals.
[38:53.000 --> 38:55.000]  Yeah, that sounds reasonable to me.
[38:55.000 --> 38:58.000]  And demand that he issue a warrant for each one of them.
[38:58.000 --> 39:03.000]  Right. And that seems more fitting than to go to a district judge.
[39:03.000 --> 39:06.000]  Yes.
[39:06.000 --> 39:15.000]  This is really beyond anything in the Code. The Code presupposes that the Court of Criminal Appeals is on its court.
[39:15.000 --> 39:18.000]  Yeah, they're going to do their job and do it quickly.
[39:18.000 --> 39:26.000]  This is exactly what I got them put in front of a grand jury for, and the situation is essentially the same.
[39:26.000 --> 39:33.000]  The prosecuting attorney was a Democrat. All nine of these judges are Republicans.
[39:33.000 --> 39:49.000]  So why me massage Jose Garza, who is the Travis County District Attorney, because I have criminal complaints against him for shielding himself and others from prosecution from the grand jury.
[39:49.000 --> 40:03.000]  I might get him to let me go to the grand jury myself or just stand aside and let me forward these to the grand jury like they did last time.
[40:03.000 --> 40:08.000]  Let's work that out.
[40:08.000 --> 40:11.000]  What do you think, Ted?
[40:11.000 --> 40:19.000]  Well, to be honest, I would at the same time, I would still go file a habeas with the federal court.
[40:19.000 --> 40:26.000]  And the reason is that this man's constitutional rights are being violated.
[40:26.000 --> 40:33.000]  And he's being held. I don't understand if he's actually been charged or not.
[40:33.000 --> 40:43.000]  But if he's been, so if he hasn't been, if you don't know what the charges are, he's being held without charges.
[40:43.000 --> 40:48.000]  You know, he's got to be released immediately.
[40:48.000 --> 41:04.000]  Yeah, but we know what the charges would be because it says in the arrest warrant, which is based on a police report, the arrest warrant says for stalking and obstruction.
[41:04.000 --> 41:20.000]  But the arrest warrant is only supposed to get him to the preliminary hearing where they determine probable cause. It's not supposed to be a substitute for any court's primary pleadings.
[41:20.000 --> 41:39.000]  There has to be someone who's representing the state, the district attorney or county attorney, who steps up and reads a sworn complaint, drafts an information based on that, or the grand jury can issue an indictment.
[41:39.000 --> 41:46.000]  Now, until either one of those happens, they can't commence a case.
[41:46.000 --> 41:55.000]  There can't be any charges because, what, it's all imaginary. It's all just suspicion and chatter. It's not even an accusation.
[41:55.000 --> 42:08.000]  You can't start your defense. And what I had a minute ago is that they're basically holding him without charges.
[42:08.000 --> 42:19.000]  And by the way, I believe this is being done because they are using the time to try to establish something.
[42:19.000 --> 42:23.000]  Yeah, they're stealing his house.
[42:23.000 --> 42:46.000]  Right. Well, that'll make it even harder, Steve. Believe me, I know. If they finally let him out with some pending criminal charges and he has no home to go home to, then it's even worse trying to defend yourself and then try having a heart attack on top of that.
[42:46.000 --> 43:01.000]  And you're flat on your back fighting for your life. So what I see, why I would go to the fed court is that they're holding him without charges and that they've held him for seven weeks without charges.
[43:01.000 --> 43:10.000]  And that's reason enough for the federal court to demand his release. They're violating the Sixth Amendment rights.
[43:10.000 --> 43:23.000]  But I suspect, and what I would try to shut down, is that they're buying time. They're buying time because they're not ready to prosecute him for anything.
[43:23.000 --> 43:39.000]  And they don't have any evidence to prosecute him. And that's why they're not coming with the charges. They play the same game out here where they delay, delay, delay, delay before you actually are formally arraigned and so on.
[43:39.000 --> 43:50.000]  Anyway, I'm going to let you guys move on to other calls, but we're headed to the break here. And I appreciate everything you guys do.
[43:50.000 --> 43:55.000]  Thank you, Tim. Thanks, Tim. Nice outro.
[43:55.000 --> 44:10.000]  Randy Kelton, Brett Fountain, we'll be right back.
[44:25.000 --> 44:37.000]  Amazon, you can help logos and order your supplies or holiday gifts. First thing you do is clear your cookies. Now go to logosradionetwork.com. Click on the Amazon logo and bookmark it.
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[46:13.000 --> 46:41.000]  If you did not have any problem, where are you going to look for one? If you could not wait anybody too long, would your purpose as be done? Such a sentimental soldier, a warrior of love, scuffling to keep the peace. All they're taking is a misunderstanding, and somebody calls the police for watching the spotlight.
[46:41.000 --> 47:01.000]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio, and we have a couple of empty slots on the calling board. Jeff, not Jeff, Jeff Mississippi. I see you there. I'll get you in a minute. We're going to go to Tina next. But Christian Colorado, he was on and he dropped off. If you can hear us, call back in. We'll get to you.
[47:01.000 --> 47:07.000]  Okay, we're going to Miss Sweet Tina.
[47:07.000 --> 47:11.000]  Hello, Mr. Sweet Randy and Brett.
[47:11.000 --> 47:15.000]  Hey there.
[47:15.000 --> 47:42.000]  Regarding this guy in jail, I don't know the port or anything much about it except a little bit of what I've heard from you guys. If you have a judicial complaint or anything written with all the facts on it, I'll kind of, you know, craft it out to my writing, and then I'll send a complaint and I'll get a couple of other people.
[47:42.000 --> 47:53.000]  I know someone in New York, if it's written out for her, she'll send it. I guess, you know, would it help if you got more complaints from around the country sent in?
[47:53.000 --> 48:11.000]  I think it would. I think it would get the Court of Criminal Appeals attention. Or better yet, when I get the criminal complaints prepared, we will get them to you and you can file those with Garza.
[48:11.000 --> 48:33.000]  Well, no problem doing that if you've got them prepared. But in the meantime, if a judicial complaint or any kind of complaint that you think would work that you want to throw my way, I will immediately mail it off, certified mail, and, you know, get some other people to do the same.
[48:33.000 --> 48:39.000]  Well, we have the Telegram channel. Maybe we can get a bunch of people to do that. What do you think, Brett?
[48:39.000 --> 48:41.000]  Yeah, I bet so.
[48:41.000 --> 48:48.000]  Wait, I said when I get the complaints prepared, actually Brett's already prepared them.
[48:48.000 --> 49:00.000]  Well, if the complaints are prepared, it's easy, and that makes it so much easier for someone who doesn't know enough about the case to just kind of tweak a little, put it in their own words, find their name and send it up.
[49:00.000 --> 49:09.000]  You could always send the complaints to me and I could make them worse.
[49:09.000 --> 49:14.000]  Yeah, we could try that.
[49:14.000 --> 49:28.000]  Well, we got the attention of that judge that remember with Ms. Paddy when I wrote, but that was a compliment to him. Of course, he's kind of, you know, like that, but might as well send some complaints out.
[49:28.000 --> 49:30.000]  Yeah, that's right.
[49:30.000 --> 49:46.000]  But you understand what I did to Garza, and it was your issues, Tina, that when Garza decided he didn't have jurisdiction and dismissed him, I filed against him for doing that.
[49:46.000 --> 49:59.000]  And I filed criminal charges against him, took him down, gave him to his investigator, and they had a cover letter on it for the grand jury, which I didn't get back.
[49:59.000 --> 50:07.000]  So I filed criminal charges, I made up a set of criminal complaints, and sent them to every district judge in Travis County.
[50:07.000 --> 50:11.000]  They're all Democrats.
[50:11.000 --> 50:18.000]  And now I've sued all of those district judges for not acting on my complaints against Garza.
[50:18.000 --> 50:28.000]  So now we come back to Garza with criminal complaints against the Texas Court of Criminal Appeals.
[50:28.000 --> 50:35.000]  We need to couch that in political terms.
[50:35.000 --> 50:56.000]  We need to do that because they're far right-wing wackos, Republicans, and they need to be set straight and put back in their place by some kindly benevolent Democratic prosecutor.
[50:56.000 --> 51:17.000]  Well, just keep working on that. But in the meantime, if we can help this guy by flooding the courts or the judicial commission, wherever it has to go with judicial complaints, I mean, I guess we could even write—what would it be thought to write to the judge personally and say, what the hell are you doing?
[51:17.000 --> 51:22.000]  Well, wait a minute. You can't write to the judges personally.
[51:22.000 --> 51:27.000]  He's going to have a whole bunch of amici curiae.
[51:27.000 --> 51:32.000]  What I did last time, I was trying to get a kid out of jail.
[51:32.000 --> 51:39.000]  And when I filed criminal complaints against the grand jury, they let that kid out of jail immediately.
[51:39.000 --> 51:48.000]  So if we go after the Court of Criminal Appeals for not hearing the habeas on this kid, and that's exactly what my issue was.
[51:48.000 --> 51:49.000]  Right.
[51:49.000 --> 51:54.000]  And I brought them a habeas, and they demanded a motion for leave to file.
[51:54.000 --> 52:01.000]  Well, they stopped doing that after I put them in front of a grand jury for it, and now they just dismiss every habeas out of hand.
[52:01.000 --> 52:04.000]  They just ignore it.
[52:04.000 --> 52:12.000]  So we need to get Garza to go after the Court of Criminal Appeals for refusing to hear habeases.
[52:12.000 --> 52:17.000]  Yeah, and it's not just one judge on there, or one justice. It's all of them.
[52:17.000 --> 52:19.000]  Yeah.
[52:19.000 --> 52:25.000]  Tina, I did just go ahead and invite you to that group so you're part of, you can see what's been going on with this guy,
[52:25.000 --> 52:34.000]  and you can see my documents and go ahead and download and edit to your heart's content if you want to, or just print and send it off as is.
[52:34.000 --> 52:40.000]  Yeah, I was going to download them and make them worse. You can, Tina.
[52:40.000 --> 52:48.000]  Of course, Tina, you being in California, you will probably need to change out. There's a section at the bottom that's the jurat,
[52:48.000 --> 52:58.000]  and I recall that California had a very special wording that they wanted to, you'll probably have to copy and paste that onto this document.
[52:58.000 --> 53:07.000]  Yeah, that's not a problem. Of course, California would have special wording, wouldn't they? Just to make it harder.
[53:07.000 --> 53:18.000]  It's because they're Democrats. You know how them Democrats are. We've got to get political here to get some politics in the mix.
[53:18.000 --> 53:29.000]  We can't do anything with that pretty boy. What's his name in charge right now? He's ridiculous. Newscum.
[53:29.000 --> 53:45.000]  But in the meantime, I wanted to ask about including you, Randy, in this.
[53:45.000 --> 53:52.000]  Oh, you're cutting out so bad, I can't make out the words anymore.
[53:52.000 --> 54:02.000]  I'm not sure how to change that. Let me make a suggestion. Try standing on your head and squawking like a chicken.
[54:02.000 --> 54:05.000]  No, I don't think that'll work, because then I'll drop the...
[54:05.000 --> 54:09.000]  You don't think it'll work? Well, it would be entertaining.
[54:09.000 --> 54:24.000]  It would if you could see it, but I'm not putting the video on. Have there been any ways to tell or...
[54:24.000 --> 54:41.000]  I can't understand her, Brett.
[54:41.000 --> 54:53.000]  I'm getting bits and pieces. I think she's saying in her case, I think she's asking about her case and asking something about...
[54:53.000 --> 54:59.000]  She wants to file something to find out about why they are allowing. I'm not sure who's they.
[54:59.000 --> 55:13.000]  They are allowing absolute litigation privilege. Is that... Did I hear those pieces right? Can you fill in the rest, Tina?
[55:13.000 --> 55:14.000]  Hello, Tina.
[55:14.000 --> 55:23.000]  Oh, what's that? It looks like she dropped off. She must have had really bad connection, and now she's back. Hey, Tina.
[55:23.000 --> 55:24.000]  Yeah, hi.
[55:24.000 --> 55:38.000]  Oh, much better. Wow. Okay, so here's what I think you said. I think you were asking about your case and something about absolute litigation privilege. Can you catch us up there?
[55:38.000 --> 56:05.000]  Yeah, I was wondering if getting friends of the court to send in saying it's an absolute violation of our constitutional rights to allow an attorney to violate their oath of office, to give them absolute litigation privilege to lie for their own ends, and also in relation to the illegal fees they added on without court approval.
[56:05.000 --> 56:15.000]  Not only is it illegal, but it's unconscionable. So if I could get more people, it's hard to get attorneys to do it because they don't want to go against their own.
[56:15.000 --> 56:36.000]  But it seems anyone can file an amicus curi as friends of the court, and you as public educationalists in a legal show could file one, but maybe there's others that could, too. And it doesn't have to be long. It can be very short.
[56:36.000 --> 56:51.000]  It's just getting to the point saying, you know, as friends of the court, this is a public interest issue, which, if allowed to go further, is going to thwart justice. It's not going to allow justice to happen.
[56:51.000 --> 56:59.000]  It will completely undermine trust in the legal system in California.
[56:59.000 --> 57:04.000]  Yeah, and it is undermining the trust.
[57:04.000 --> 57:08.000]  Is that not gone already?
[57:08.000 --> 57:12.000]  Yeah, well, that's true. It is completely gone.
[57:12.000 --> 57:15.000]  Many people have written about it.
[57:15.000 --> 57:24.000]  That's kind of like saying that our president is going to lose contact with reality.
[57:24.000 --> 57:37.000]  But is that possible that you guys could write a short one, or do you know anyone else who could, maybe a law student?
[57:37.000 --> 57:43.000]  Send me a basic set of facts, and I'll craft one.
[57:43.000 --> 57:58.000]  Okay. And then maybe if we get one crafted, we could send it to others to say, hey, file this. It seems that they could deny a person filing one. And you're trying to run me off the cliff, Randy. I know it.
[57:58.000 --> 58:19.000]  More? Not me. That was Brett. You've got another 48 seconds. When we come back, I'd like to talk about, instead of amicus curi, or in conjunction with, judicial conduct complaints against the judges who approved this.
[58:19.000 --> 58:30.000]  Dozens of them. Well, they all are approving it, and the California Supreme Court approved it.
[58:30.000 --> 58:38.000]  Well, then we should file judicial conduct complaints against them. Hang on. Perfectly appropriate. They asked for it.
[58:38.000 --> 58:49.000]  Hang on, Randy Kelton, Brett Fountain, Root of Law Radio. We have one MP spot on the call board. Hang on. We'll be right back.
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[59:50.000 --> 01:00:00.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.000 --> 01:00:10.000]  The Bill of Rights contains the first 10 amendments of our Constitution. They guarantee the specific freedoms Americans should know and protect. Our liberty depends on it.
[01:00:10.000 --> 01:00:16.000]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:00:16.000 --> 01:00:27.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again. And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:00:27.000 --> 01:00:35.000]  So protect your rights. Say no to surveillance and keep your information to yourself. Privacy. It's worth hanging on to.
[01:00:35.000 --> 01:00:45.000]  This public service announcement is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing. Start over with Startpage.
[01:00:45.000 --> 01:00:54.000]  Most people think of seven as a more civilized number than six. Think of how the number six is implicated in evil, as in the biblical 666.
[01:00:54.000 --> 01:01:00.000]  So it would fit right in that the Seventh Amendment would be about civil trials. Civil seven, civil trials, get it?
[01:01:00.000 --> 01:01:07.000]  Civil trials are ones where people sue instead of beating each other up over a dispute, like the dividing line between properties.
[01:01:07.000 --> 01:01:11.000]  They take their dispute to a courthouse and settle matters civilly without the fisticuffs.
[01:01:11.000 --> 01:01:19.000]  The Seventh Amendment guarantees that Americans have the right to a jury in certain civil matters instead of having a lone judge rule on the case.
[01:01:19.000 --> 01:01:31.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:01:31.000 --> 01:01:35.000]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:01:35.000 --> 01:01:41.000]  They guarantee the specific freedoms Americans should know and protect. Our liberty depends on it.
[01:01:41.000 --> 01:01:47.000]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:01:47.000 --> 01:01:52.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:01:52.000 --> 01:01:57.000]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:01:57.000 --> 01:02:02.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:02:02.000 --> 01:02:05.000]  Privacy. It's worth hanging on to.
[01:02:05.000 --> 01:02:12.000]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:02:12.000 --> 01:02:16.000]  Start over with StartPage.
[01:02:16.000 --> 01:02:22.000]  Remember the scene in George Orwell's novel, 1984, when Winston is threatened with his worst fear?
[01:02:22.000 --> 01:02:26.000]  That fear was having a cage of hungry rats unleashed on his face.
[01:02:26.000 --> 01:02:30.000]  But what if his worst fear was spiders? Eight-legged spiders, to be exact.
[01:02:30.000 --> 01:02:33.000]  Getting a face full of spiders would be pretty cruel and unusual.
[01:02:33.000 --> 01:02:37.000]  That image of eight-legged spiders will help you remember the Eighth Amendment.
[01:02:37.000 --> 01:02:44.000]  Our founding fathers added the Eighth Amendment to the U.S. Constitution to protect us from creepy-crawly eight-legged punishments
[01:02:44.000 --> 01:02:48.000]  and other cruel and unusual prison practices that were common in their day.
[01:02:48.000 --> 01:02:54.000]  The Eighth Amendment also prohibits the government from requiring excessive bail and charging excessive fines.
[01:02:54.000 --> 01:03:00.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:03:24.000 --> 01:03:46.000]  Okay, we are back. Andy Kelton, Brett Fountain. We're here with Law Radio. We're talking to Tina in California.
[01:03:46.000 --> 01:03:56.000]  Okay, Tina. When we were going out, I was talking about judicial conduct complaints against the judges by the stack.
[01:03:56.000 --> 01:04:05.000]  Because it's the judges who are making this mess. The lawyers are only lying because the judges let them.
[01:04:05.000 --> 01:04:13.000]  True. That's a good idea, a good thought.
[01:04:13.000 --> 01:04:24.000]  And that'll sting the judges, give them a reason to do something different.
[01:04:24.000 --> 01:04:26.000]  Say that again.
[01:04:26.000 --> 01:04:36.000]  Am I filing those and sending them to the appellate judges before they really look at my case?
[01:04:36.000 --> 01:04:46.000]  No, we don't want to sting them before they looked at your case because then they'll really be PO'd.
[01:04:46.000 --> 01:04:52.000]  They're PO'd anyway. Remember, they threatened to sanction me if I kept litigating.
[01:04:52.000 --> 01:05:01.000]  Okay, then maybe that's a good idea. They probably don't give me any judicial conduct complaints.
[01:05:01.000 --> 01:05:12.000]  No, and this is the same judges, I believe, where Brett witnessed them twiddling their thumbs and playing with their pens and papers, rolling their eyes at the last hearing.
[01:05:12.000 --> 01:05:22.000]  Yeah. They were on camera, one of these Zoom or WebEx or something. They were on camera demonstrating to the world how little they care.
[01:05:22.000 --> 01:05:23.000]  Yeah.
[01:05:23.000 --> 01:05:28.000]  That's true. That's true. They got judicial conduct complaints.
[01:05:28.000 --> 01:05:33.000]  Did it? I don't recall if we sent them in or not. Do you recall?
[01:05:33.000 --> 01:05:42.000]  I don't know that we did. I don't think we did. But it's still not too late. It was only a year ago.
[01:05:42.000 --> 01:05:47.000]  Even three, four years ago, we could still let them have it.
[01:05:47.000 --> 01:05:55.000]  Well, why not? Just let them know. I mean, let's send them. I'll look up the names of them.
[01:05:55.000 --> 01:05:58.000]  Yeah, and the date of the hearing.
[01:05:58.000 --> 01:06:03.000]  Yeah, because you still have the recording of that, I believe, somewhere.
[01:06:03.000 --> 01:06:07.000]  Oh, yeah, I bet I do.
[01:06:07.000 --> 01:06:25.000]  And then they were interrupting me. And also, another thing they did was when they wrote their ruling, they berated and belittled me, as I believe they did, because they said, Basta, enough. This has got to stop.
[01:06:25.000 --> 01:06:44.000]  Well, really? You're saying, Basta, trying to—I mean, to me, that's a very demeaning way of trying to put me down. And a judge does not have a First Amendment right to belittle and berate a litigant of any kind.
[01:06:44.000 --> 01:06:50.000]  That's a case out of Washington.
[01:06:50.000 --> 01:06:54.000]  Are you still there, or have we lost you again?
[01:06:54.000 --> 01:07:07.000]  No, I don't know if he got muted, but yeah, they certainly can't go and start berating and belittling. That's absolutely unacceptable. It's a violation of the Code of Judicial Conduct, for sure.
[01:07:07.000 --> 01:07:32.000]  And I believe—do you agree that they wrote that in capital letters, Basta, enough? And the attorneys, in this case, have replied and said the same thing. That's what Judge Yegan said, Basta, enough. And they've asked for me to get sanctioned and pay a fine to some charity or other.
[01:07:32.000 --> 01:07:40.000]  So maybe, you know, they should all get judicial complaints, because no one has a right to berate the other side.
[01:07:40.000 --> 01:07:49.000]  Yeah, they just got rid of the assistant prime minister in England for bullying.
[01:07:49.000 --> 01:08:05.000]  Oh, I like that word. Bullying is a buzzword right now. So I believe I was bullied. Yes, I was. I think we should add that. Bullying, berating, and belittling.
[01:08:05.000 --> 01:08:18.000]  Their whole tone and manner was in that format. And it completed that when they wrote it in the order.
[01:08:18.000 --> 01:08:31.000]  So I will get their names, and let's do a little work on that. And I'll give you the facts regarding maybe an amicus curie brief, just in case we can throw that in, too.
[01:08:31.000 --> 01:08:46.000]  Because I'm sure this is going to have to go to the California Supreme Court, because I'm pretty certain they're going to deny me when I get to the appellate court. But that's okay.
[01:08:46.000 --> 01:08:49.000]  Oh, you muted me again.
[01:08:49.000 --> 01:08:54.000]  I was muted. I'm having a little throat issue.
[01:08:54.000 --> 01:08:59.000]  Choking here.
[01:08:59.000 --> 01:09:17.000]  So I will get a few details put together and send to you, and then we can maybe put them together and then post it on Telegram for other people to print out and send in, so we can get a barrage of them going for this guy who's still in jail and for my case and do it for anything.
[01:09:17.000 --> 01:09:23.000]  But I'll let you go. That was all I had to ask about, and I'll let you go to the next caller.
[01:09:23.000 --> 01:09:25.000]  Thank you, Tina.
[01:09:25.000 --> 01:09:26.000]  Thank you.
[01:09:26.000 --> 01:09:28.000]  Good talking with you.
[01:09:28.000 --> 01:09:32.000]  Now, Brett, you better take this. I'm losing my voice.
[01:09:32.000 --> 01:09:38.000]  Oh, okay. Well, thank you, Tina. And we're going to go now to Jeff.
[01:09:38.000 --> 01:09:44.000]  Is it Jeff in Mississippi? We've got Jeff in Mississippi in Texas here.
[01:09:44.000 --> 01:09:48.000]  That is correct. Am I coming through? Okay.
[01:09:48.000 --> 01:09:50.000]  Yes.
[01:09:50.000 --> 01:09:59.000]  Jeff wasn't in Mississippi, and he wound up moving to West Texas. So we'll say West Mississippi.
[01:09:59.000 --> 01:10:02.000]  That is me.
[01:10:02.000 --> 01:10:14.000]  And I've got three issues. So the last time I talked to you, I was in small claims court. I decided to experiment because I've never been there.
[01:10:14.000 --> 01:10:28.000]  I had an employer who I thought had taken about $200 from me in PTO days. I thought they took about one or two PTO days.
[01:10:28.000 --> 01:10:44.000]  And the opposing, and if you remember this, the employer actually had an attorney representing them. And I looked it up, and it does say that it's okay to be represented by an attorney.
[01:10:44.000 --> 01:11:03.000]  So he filed an answer, and he said that strictly, I strictly want all of your discovery, or that's wording it. I strictly request discovery. So like a knee-jerk reaction, I just simply sent him all my paperwork.
[01:11:03.000 --> 01:11:14.000]  And then about two weeks later, I sent him an email saying, hey, where's my paperwork? His response was, I don't know what paperwork you're talking about.
[01:11:14.000 --> 01:11:28.000]  And then I responded back, well, send me paperwork. And then he never responded. So we had, I filed a motion hearing, and we had a motion hearing over Zoom.
[01:11:28.000 --> 01:11:39.000]  You're going to love this. So the attorney, he's got 14 days to file an answer. He did not do it. He filed late.
[01:11:39.000 --> 01:11:49.000]  Also, according to the rules of small claims court, justice court, you also have to send a copy of that answer to the plaintiff.
[01:11:49.000 --> 01:11:59.000]  He did not. That's two major boo-boos, plus his email saying, I don't know what paperwork you're talking about.
[01:11:59.000 --> 01:12:02.000]  So I filed a motion for default judgment.
[01:12:02.000 --> 01:12:14.000]  Well, I don't know. With that, it sounds like you might have not been very specific with him about which documents you expected him to produce for discovery. Is that right?
[01:12:14.000 --> 01:12:22.000]  Well, that could be. So I filed a motion for default judgment for filing late, and then I filed a motion for discovery.
[01:12:22.000 --> 01:12:32.000]  The judge came on, did not even have any type of deliberation over the motion for default judgment.
[01:12:32.000 --> 01:12:38.000]  It was just swept over the rug. And then I got so caught up that I forgot to bring it up. So that was my move.
[01:12:38.000 --> 01:12:49.000]  Then on the motion for discovery, she made the comment twice that, well, I know Mr. Attorney, and I think he's a nice guy.
[01:12:49.000 --> 01:13:00.000]  And then she so she said, I'm going to side for the attorney and deny your motion because you did not specify which sheets of paper that you wanted.
[01:13:00.000 --> 01:13:08.000]  Okay. Well, it sounds like you've got both of there are two things true that I see going on here.
[01:13:08.000 --> 01:13:19.000]  That's the judge is expressing to you verbally that she plans on expressing prejudice and being biased against you in favor of the attorney.
[01:13:19.000 --> 01:13:35.000]  Now, whether that's actually what happened or not seems likely, but that was going on and that can't go on. So you have a motion to disqualify that judge for bias, clear and obvious, straight out of her mouth bias.
[01:13:35.000 --> 01:13:43.000]  But then it's also true that you were very vague in what you wanted for discovery.
[01:13:43.000 --> 01:14:06.000]  So here's the judge siding with the attorney. Also, but even if she had not said she's going to be biased because she knows him and thinks he's a nice guy, she could have properly ruled against you by saying you never specified what documents you want.
[01:14:06.000 --> 01:14:20.000]  I can't force him to produce that, you know, totally go with that. Yep. Sure. Sure. Yeah, I threw those in pretty quickly. Now, what about him filing outside of the time limit?
[01:14:20.000 --> 01:14:24.000]  Yeah, that definitely ought to have been your win.
[01:14:24.000 --> 01:14:33.000]  Like you said, you did a motion for default judgment and that's a perfectly appropriate thing to do.
[01:14:33.000 --> 01:14:43.000]  I can't speak to why that didn't get addressed, but it really needed to have been addressed.
[01:14:43.000 --> 01:14:55.000]  So what the judge said is she said you did your motion wrong. I immediately jumped on it and said, well, I will redo it and have it in your office tomorrow morning.
[01:14:55.000 --> 01:15:12.000]  And sure enough, I did. I now have a new motion for discovery listing out the documents and then I rewrote my motion for default judgment and put a new date on it because I was afraid if I missed it that I wouldn't have the chance to reopen that.
[01:15:12.000 --> 01:15:28.000]  Okay. At this point though, the motion for default judgment may not be appropriate because the attorney filed, he filed late, but he filed some kind of response.
[01:15:28.000 --> 01:15:50.000]  So you need to examine that response carefully and figure out if the attorney addressed all the issues that need to be addressed. And if not, then you can move for the default judgments cousin, which is called summary judgment.
[01:15:50.000 --> 01:16:01.000]  Hold on. I think what Brett was trying to say, because of the response word, the answer was non-responsive.
[01:16:01.000 --> 01:16:21.000]  Yeah. So when you ask for, when you move for summary judgment, you're saying, all right, judge, this is, you still need to find in my favor, just as if they never answered because their answer didn't address the issues.
[01:16:21.000 --> 01:16:44.000]  Okay. That's true. It's a general denial. And here's the wonderful thing. We spoke about this last time, but I'm sure we've forgotten. And that is that they claim that that corporate officer is not the person that needs to be answered. It's his boss. So he's going to roll over on his boss.
[01:16:44.000 --> 01:17:00.000]  Well, I think we already concluded that that's not necessary because it wasn't the corporation that stole your PTO. It was the supervisor, your direct supervisor himself. Hold on just a second. Hold that thought. We're going to our sponsors.
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[01:19:01.000 --> 01:19:11.000]  This is the Logos Radio Network.
[01:19:31.000 --> 01:19:57.000]  Okay, we are back. Randy Kelton with Fountain News Radio. We're talking to Jeff from Mississippi, Jeff from West Texas. Yeah, what was going on, he said the corporation didn't do anything.
[01:19:57.000 --> 01:20:15.000]  The corporation can't do anything, it's a legal fiction. It doesn't really exist in physical terms, it's just a thought object. Thought objects can't do anything, only human beings can do things.
[01:20:15.000 --> 01:20:31.000]  Well, if it had been the corporate policy to steal people's PTO, or if it had been an order from the boss, then the direct supervisor would have been acting as an agent for the principal who actually did wrong to Jeff.
[01:20:31.000 --> 01:20:52.000]  But since Jeff, that wasn't an order from on high or a common practice of the entity, which doesn't technically exist, like Randy said. Well then, this guy was acting on his own when he decided to fudge the numbers and take your PTO away.
[01:20:52.000 --> 01:21:15.000]  Okay. Well, I sent my new motion for discovery, and lo and behold, I got an email from the attorney who just simply sent me my PTO time. And here's what I found out, they didn't take $200 from me, they took $1,300 from me, and it's all itemized right there. What can I do with that?
[01:21:15.000 --> 01:21:23.000]  Okay. You can file an amended pleading. Just to ask for that amount, yeah.
[01:21:23.000 --> 01:21:48.000]  Oh, okay. File an amended pleading. And if I want to file, I've already filed a bar complaint against the attorney, but the good thing, Randy, I live in Texas. And you live in Texas. So if I wanted to file a bar complaint and write a letter to this guy's malpractice insurance, what insurance companies do they use here in Texas?
[01:21:48.000 --> 01:21:58.000]  I don't know, but you can't necessarily do that. You don't have any standing to approach the insurance company, but you don't need to.
[01:21:58.000 --> 01:22:24.000]  When you, what you can, if you intend to sue the lawyer, you can ask for discovery of the lawyer's, the amount of insurance that he has. Okay. Especially if you bar grieve him, he will take that as fair warning that you're fixing to sue him for malpractice.
[01:22:24.000 --> 01:22:40.000]  Okay. And last thing is I want to go out to Oregon and see my family for about 30 days. And I'm afraid that I'm going to get an email saying, we've got a, we've got a hearing for one of your motions or whatever. Can I turn in a vacation letter?
[01:22:40.000 --> 01:22:42.000]  Absolutely, you can.
[01:22:42.000 --> 01:22:45.000]  Okay.
[01:22:45.000 --> 01:22:49.000]  And generally they're real good about honoring that kind of thing.
[01:22:49.000 --> 01:23:01.000]  Okay. Then I need to probably get that in as soon as possible because you know how lucky is I'll be out there in Portland and get a letter saying you need to be at a hearing.
[01:23:01.000 --> 01:23:12.000]  Yeah, get that ahead of time. They're generally good about, unless the judge happens to be really PO'd at you or something.
[01:23:12.000 --> 01:23:20.000]  All right. Well, I will let you guys go and I'll jump on it and I'll call back and tell you what's new and check in.
[01:23:20.000 --> 01:23:23.000]  Okay. Thank you, Jeff.
[01:23:23.000 --> 01:23:24.000]  Thank you.
[01:23:24.000 --> 01:23:31.000]  Okay. Now we're going to go to Chris in Colorado. Hello, Chris. What do you have for us today?
[01:23:31.000 --> 01:23:46.000]  Hey guys. I had a quick question that keeps opening up more. I can't find this answer to subpoenas. Yeah, subpoenas.
[01:23:46.000 --> 01:23:55.000]  Do you guys know much about the timing on this? I can't find anything that says that there is a certain amount of time you have to give them to respond.
[01:23:55.000 --> 01:23:59.000]  All I see in the federal rules of procedure is a reasonable amount of time.
[01:23:59.000 --> 01:24:06.000]  Hold on. Hold on. Subpoena. Are you talking about a subpoena deuces ticum?
[01:24:06.000 --> 01:24:07.000]  Yes.
[01:24:07.000 --> 01:24:18.000]  Were you asked for the production? Okay. Generally that's 30 days. But that's a general rule. I'm sure that will be in the rules of court.
[01:24:18.000 --> 01:24:25.000]  I don't see it yet. I'm looking at other states and I see some five day things. I saw somebody put in a notice.
[01:24:25.000 --> 01:24:33.000]  I'm supposed to file a notice to the defense that I'm going to be filing a subpoena and somebody gave him 15 days, but I saw in another state it was five days.
[01:24:33.000 --> 01:24:39.000]  So I don't know what that means for them to object.
[01:24:39.000 --> 01:24:48.000]  But under federal rules, civil procedure, it just says I'm supposed to give them notice and they can object. I don't know how much time I could give them to object.
[01:24:48.000 --> 01:24:55.000]  Well, if you think five days is reasonable, then just go ahead and call it reasonable. And if they object, then you can extend it.
[01:24:55.000 --> 01:25:02.000]  Okay. But the subpoena itself, you guys think it's about 30 days to the third party?
[01:25:02.000 --> 01:25:05.000]  That's usual.
[01:25:05.000 --> 01:25:20.000]  Okay. I'll try to find that. That's considerate. I think that would make sense because that's generally what people get, right? I still didn't see it in there. Okay. And then I have a conference with the defense on Monday.
[01:25:20.000 --> 01:25:30.000]  Okay. Look at rule, Illinois Supreme Court rule 237.
[01:25:30.000 --> 01:25:40.000]  I did a search for time to respond to subpoena in Illinois and I got responding to a subpoena in Illinois.
[01:25:40.000 --> 01:25:49.000]  In this article, blah, blah, blah, subpoena, order, just for the courts. Just look that up. It'll probably be in there.
[01:25:49.000 --> 01:25:52.000]  You said 237?
[01:25:52.000 --> 01:25:54.000]  Yes.
[01:25:54.000 --> 01:25:56.000]  Okay.
[01:25:56.000 --> 01:26:02.000]  I got that pulled up. I'll read through that.
[01:26:02.000 --> 01:26:09.000]  Okay. The second thing is, is I'm going, I have a conference. The thing that we have to do is we have to be cordial behind the scenes, right?
[01:26:09.000 --> 01:26:16.000]  But I have a conference with the defense on Monday to go over objections to discovery.
[01:26:16.000 --> 01:26:29.000]  And I'm usually a little bit too accommodating and forthright, but I'm not sure that's a downfall, but it might be with these types of people because they may just object to everything and make me compel them.
[01:26:29.000 --> 01:26:39.000]  I'm just kind of asking how to handle myself during one of these conferences with defense who had lied already and played games already.
[01:26:39.000 --> 01:26:48.000]  Okay. This is a civil case. Always be civil, even if the other side is not.
[01:26:48.000 --> 01:27:02.000]  And if the other side is not civil, then you can always ask them to bend over and you'll pull that wild hair out of the behind for them.
[01:27:02.000 --> 01:27:11.000]  Don't let them tell the judge that you were not civil. If they give you reason to tell the judge that they weren't, then it'll look bad for them.
[01:27:11.000 --> 01:27:13.000]  Okay.
[01:27:13.000 --> 01:27:26.000]  All right, then I'll continue on as normal. But when we're discussing objections, we're going to have to go through relevance and material facts and how this even relates to the suit.
[01:27:26.000 --> 01:27:32.000]  And I mean, I've already made my arguments in my email. They just made their...
[01:27:32.000 --> 01:27:36.000]  Hold on, hold on. Do you have a motion in limine?
[01:27:36.000 --> 01:27:40.000]  No. We talked about that last week.
[01:27:40.000 --> 01:28:02.000]  Look up a motion in limine. They tend to list all of the questions and such you can't ask. So when you're looking for what you can object to, just about anything in a motion in limine would be something you could object to.
[01:28:02.000 --> 01:28:05.000]  But is that at trial or is that in discovery as well?
[01:28:05.000 --> 01:28:07.000]  Discovery.
[01:28:07.000 --> 01:28:09.000]  Discovery.
[01:28:09.000 --> 01:28:16.000]  Okay. What they're doing, what the motion in limine does is stop them from discovering stuff at trial.
[01:28:16.000 --> 01:28:28.000]  So look at the kinds of things, the motion. And if you can find a motion in limine, if you do a search online, you could probably find, you know, Illinois motion in limine sample.
[01:28:28.000 --> 01:28:38.000]  You can probably find one. And when they raise these issues, they will generally have case law associated with it.
[01:28:38.000 --> 01:28:41.000]  Well, is it Illinois or are you in the Fed?
[01:28:41.000 --> 01:28:43.000]  I'm in the Fed in Illinois.
[01:28:43.000 --> 01:28:58.000]  Oh, you're in the Fed. That's a whole different animal. Okay. So yeah, searching the Fed won't matter if you're much, much if you're in Illinois. Some of the local jurisdictions have their own local rules.
[01:28:58.000 --> 01:29:08.000]  I've discovered that they care a whole lot about their local rules. Off of their website, they say, well, it was my job to go and look at all their little rules.
[01:29:08.000 --> 01:29:15.000]  And if the rule is in conflict with the federal rules, they're supposed to not even have that local rule.
[01:29:15.000 --> 01:29:25.000]  But you have to show them that their rule is in conflict with the real rules. And then they want to get snippy about it.
[01:29:25.000 --> 01:29:33.000]  So take a look at those local rules and see if some of those questions are answered about days or subpoena stuff.
[01:29:33.000 --> 01:29:46.000]  Okay, I'll do that. And then the notice to file the subpoena that I have to get to the Fed, like, is that just between us or do I need to file that report?
[01:29:46.000 --> 01:29:48.000]  I don't know. Randy?
[01:29:48.000 --> 01:29:58.000]  Well, I'm about to go to our sponsors, Randy Kelton, Brett Fountain, Rudolph Law Radio. That doesn't mean I don't know the answer. I just need to break to figure it out.
[01:29:58.000 --> 01:30:03.000]  We'll be right back.
[01:30:03.000 --> 01:30:10.000]  Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps on growing.
[01:30:10.000 --> 01:30:16.000]  But now researchers say we can add stress to the list. I'm Dr. Catherine Albrecht, back with details in a moment.
[01:30:16.000 --> 01:30:22.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
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[01:30:27.000 --> 01:30:32.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
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[01:30:45.000 --> 01:30:52.000]  Are you always on the go and juggling multiple projects? If so, you might think that multitasking proves you're smart.
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[01:30:56.000 --> 01:31:03.000]  A new study finds stress reduces the number of connections between neurons, which actually makes it harder for people to manage problems.
[01:31:03.000 --> 01:31:10.000]  Researchers at Yale University found that stressed out people have less gray matter in their prefrontal cortex.
[01:31:10.000 --> 01:31:15.000]  That's the part of the brain that helps us weigh conflicting ideas and regulate our emotions.
[01:31:15.000 --> 01:31:21.000]  So take a deep breath and chill out. It'll help keep your mind as sharp as a tack.
[01:31:21.000 --> 01:31:31.000]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:31.000 --> 01:31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.000 --> 01:31:43.000]  The government says that fire brought it down. However, 1,500 architects and engineers concluded it was a controlled demolition.
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[01:33:02.000 --> 01:33:12.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:12.000 --> 01:33:26.000]  Yeah, who you want to chip? Who you take me for? Free to leave? Who you want to chip? I'm not free to leave. You can't chip me. I'm sick. Don't let them chip you in the morning. Chip you in the evening. Put a chip in your body.
[01:33:26.000 --> 01:33:43.000]  And anyway, you go computer reading. You can't hide me from nobody. When I say chip in your mom, chip in your daddy, chip in your grandpa and the grammy, chip in me, chip in your baby, chip in your family, whole family, chip in your dog and the cat around me.
[01:33:43.000 --> 01:33:58.000]  Okay, we are back. Brent Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Chris in Colorado. And Chris, always it is the intent that discovery be between the parties.
[01:33:58.000 --> 01:34:15.000]  So technically, you wouldn't subpoena from one party to another. You just ask for it. And when they don't give it to you, then you go to the court and ask the court to order them to produce it.
[01:34:15.000 --> 01:34:34.000]  Or if you're going to have a deposition or something, then you would subpoena to get them to bring documents to the subpoena, to the subpoena, to the deposition.
[01:34:34.000 --> 01:34:52.000]  Right. This is, so I may have to make them compel, may have to make defense, I may have to compel defense to produce some of the discovery, but the insurance company is no longer a defendant in my case, so I have to subpoena their record as a third party.
[01:34:52.000 --> 01:35:08.000]  But the federal rules of procedure state that I have to give all parties notice, and that gives them time to object, or what have you, but I don't know if I need to file that notice with the court.
[01:35:08.000 --> 01:35:22.000]  I mean, letting them know that I've given... Always, rule of thumb, always, always, always file all the documents with the court.
[01:35:22.000 --> 01:35:25.000]  Except for discovery documents, yes?
[01:35:25.000 --> 01:35:28.000]  Except for requests for discovery.
[01:35:28.000 --> 01:35:30.000]  Okay.
[01:35:30.000 --> 01:35:32.000]  Okay.
[01:35:32.000 --> 01:35:36.000]  All right, I'll do that.
[01:35:36.000 --> 01:35:41.000]  Now you got me thinking about this motion and limiting, Randy.
[01:35:41.000 --> 01:35:46.000]  Could I file a motion and limiting before my next status hearing?
[01:35:46.000 --> 01:35:54.000]  So when the judge starts to review our objections, I'll have a list of things that defense cannot ask about?
[01:35:54.000 --> 01:35:56.000]  Yes.
[01:35:56.000 --> 01:36:03.000]  Oh, I had so much fun with motions and limiting.
[01:36:03.000 --> 01:36:06.000]  The judge was absolutely furious.
[01:36:06.000 --> 01:36:09.000]  But send me an email and ask for it.
[01:36:09.000 --> 01:36:14.000]  I'll dig out my, I think it's about 20 pages.
[01:36:14.000 --> 01:36:17.000]  Mr. Kelton, were you hypnotized?
[01:36:17.000 --> 01:36:20.000]  I don't know, Judge, you know how you make you forget that?
[01:36:20.000 --> 01:36:24.000]  Ask the prosecutor. Denied, denied.
[01:36:24.000 --> 01:36:28.000]  Oh, it was great fun.
[01:36:28.000 --> 01:36:30.000]  Well, I want to make, I want to push back.
[01:36:30.000 --> 01:36:37.000]  I mean, they're asking me about, you know, what flavor coffee I had six months after and, you know, I got towed in my car.
[01:36:37.000 --> 01:36:39.000]  I mean, they didn't ask that, but you know what I mean.
[01:36:39.000 --> 01:36:41.000]  They're asking for a lot of stupid personal things.
[01:36:41.000 --> 01:36:50.000]  I want to limit anything beyond the scope of what happened on the day of the tow to a few months before and a few months after because nothing else will be relevant.
[01:36:50.000 --> 01:36:54.000]  Anything unrelated to the pleadings?
[01:36:54.000 --> 01:36:56.000]  It is.
[01:36:56.000 --> 01:37:01.000]  Ask them for stuff unrelated to the pleadings.
[01:37:01.000 --> 01:37:04.000]  Well, I could start doing that, couldn't I, Harry?
[01:37:04.000 --> 01:37:06.000]  How many times has your company been sued?
[01:37:06.000 --> 01:37:12.000]  How many times have your company had to repair vehicles that they towed?
[01:37:12.000 --> 01:37:17.000]  How much training do you give your drivers?
[01:37:17.000 --> 01:37:19.000]  Everything you can think of.
[01:37:19.000 --> 01:37:21.000]  Actually, I asked all those things, Randy.
[01:37:21.000 --> 01:37:22.000]  That's really good.
[01:37:22.000 --> 01:37:29.000]  I actually asked all those things and they answered it too.
[01:37:29.000 --> 01:37:32.000]  Find some stuff that they won't want to answer.
[01:37:32.000 --> 01:37:33.000]  That's what I mean.
[01:37:33.000 --> 01:37:34.000]  Last week.
[01:37:34.000 --> 01:37:36.000]  And I told you, I think they're burying their, their clients.
[01:37:36.000 --> 01:37:44.000]  They told me every single suit and they also that that plate that they were a defendant in and they were a defendant in a lot of different things.
[01:37:44.000 --> 01:37:45.000]  I didn't know that.
[01:37:45.000 --> 01:37:52.000]  And then they also had asked for any complaints or investigations by the city.
[01:37:52.000 --> 01:37:54.000]  They gave me that entire list.
[01:37:54.000 --> 01:38:00.000]  And then I asked them, what is your training for all your employees and et cetera, et cetera.
[01:38:00.000 --> 01:38:07.000]  And so they outlined how they hire their employees, which, which buried them even more because it just shows that nobody's following anything.
[01:38:07.000 --> 01:38:10.000]  They were trying to blame, they're trying to blame it on their employees.
[01:38:10.000 --> 01:38:14.000]  Their employees are going to blame it on the, on the, on the employer.
[01:38:14.000 --> 01:38:17.000]  I mean, it's going to be fun in discovery for sure.
[01:38:17.000 --> 01:38:22.000]  I mean, in depositions, but actually what you said was kind of related to this too.
[01:38:22.000 --> 01:38:27.000]  So that's what I thought it was at least.
[01:38:27.000 --> 01:38:31.000]  Well, that's why I get the big bucks.
[01:38:31.000 --> 01:38:35.000]  Everyone's going to double my salary after this show.
[01:38:35.000 --> 01:38:36.000]  Yeah.
[01:38:36.000 --> 01:38:39.000]  She does that pretty often.
[01:38:39.000 --> 01:38:46.000]  I didn't ask them if they keep their tire pressure on their tow trucks at a regular, you know, regular level.
[01:38:46.000 --> 01:38:58.000]  I didn't ask them that or the tread depth of their tires on their tow trucks or anything like that.
[01:38:58.000 --> 01:39:00.000]  Okay. I've had enough being stupid.
[01:39:00.000 --> 01:39:03.000]  Thank you.
[01:39:03.000 --> 01:39:04.000]  Thanks for your time.
[01:39:04.000 --> 01:39:06.000]  I do appreciate it.
[01:39:06.000 --> 01:39:09.000]  Thank you, Chris.
[01:39:09.000 --> 01:39:13.000]  Now we're going to go to Jack in Texas.
[01:39:13.000 --> 01:39:16.000]  Hello, Jack.
[01:39:16.000 --> 01:39:18.000]  Hello guys. How are you doing?
[01:39:18.000 --> 01:39:23.000]  Doing pretty good for a couple of fat guys.
[01:39:23.000 --> 01:39:28.000]  Say what?
[01:39:28.000 --> 01:39:31.000]  I just have a couple of things.
[01:39:31.000 --> 01:39:39.000]  I was wondering if I could get a copy of the 1617 motion.
[01:39:39.000 --> 01:39:41.000]  I think you called it.
[01:39:41.000 --> 01:39:45.000]  Yes. Send me an email and ask for that.
[01:39:45.000 --> 01:39:48.000]  I'm not even sure what it is, but you told me to ask.
[01:39:48.000 --> 01:39:53.000]  Okay. Here's the deal.
[01:39:53.000 --> 01:40:02.000]  1406, 1516, 1406 arrest for on-site offense, 1516 arrest on a warrant.
[01:40:02.000 --> 01:40:10.000]  Both require that the arresting officer take the accused directly to the nearest magistrate.
[01:40:10.000 --> 01:40:18.000]  And when a person is brought before a magistrate, the magistrate is to convene an examining court.
[01:40:18.000 --> 01:40:24.000]  An examining court is convened under Chapter 16, Texas Code of Criminal Procedure.
[01:40:24.000 --> 01:40:32.000]  And there are a number of things that the judge must do to protect the rights of the accused.
[01:40:32.000 --> 01:40:35.000]  The first thing is you have to read them their rights.
[01:40:35.000 --> 01:40:42.000]  And then he has to give the accused, before any evidence is entered against the accused, the opportunity to make a statement.
[01:40:42.000 --> 01:40:46.000]  They have to provide them with counsel and a whole bunch of stuff.
[01:40:46.000 --> 01:40:50.000]  And then the judge makes a determination of probable cause.
[01:40:50.000 --> 01:40:56.000]  Once he's made a determination, either there is or is not probable cause,
[01:40:56.000 --> 01:41:03.000]  he is required to prepare an order and file that order with the clerk of the court.
[01:41:03.000 --> 01:41:06.000]  This is 16.17.
[01:41:06.000 --> 01:41:16.000]  If an order is not filed with the clerk within 48 hours, the accused shall be discharged.
[01:41:16.000 --> 01:41:23.000]  So tell me, Jack, is there a 16.17 order in your records?
[01:41:23.000 --> 01:41:26.000]  I don't think so.
[01:41:26.000 --> 01:41:33.000]  Then the accused shall be discharged.
[01:41:33.000 --> 01:41:37.000]  The legislature did not mince words.
[01:41:37.000 --> 01:41:49.000]  Is there an envelope that had been sealed by the magistrate and opened by the clerk in your records?
[01:41:49.000 --> 01:41:51.000]  I don't think so.
[01:41:51.000 --> 01:41:57.000]  17.30 says that after the examining trial,
[01:41:57.000 --> 01:42:05.000]  the magistrate shall seal all documents had in the hearing, cause his name to be written across the seal of the envelope,
[01:42:05.000 --> 01:42:08.000]  and forward it to the clerk of the court of jurisdiction.
[01:42:08.000 --> 01:42:11.000]  They never do that.
[01:42:11.000 --> 01:42:22.000]  One of the things that must absolutely be in there is the order under 16.17.
[01:42:22.000 --> 01:42:27.000]  You filed this with the court. I've got a whole brief.
[01:42:27.000 --> 01:42:31.000]  This motion is about 30 pages.
[01:42:31.000 --> 01:42:36.000]  It's a whole brief on this subject.
[01:42:36.000 --> 01:42:42.000]  Okay, these statues you're naming are code of criminal position?
[01:42:42.000 --> 01:42:46.000]  Yes, yes.
[01:42:46.000 --> 01:42:55.000]  Okay, and also you had told me to ask for a lawsuit against Judge Whitaker.
[01:42:55.000 --> 01:43:00.000]  Okay, yes, send me a request for that and I'll send it to you.
[01:43:00.000 --> 01:43:06.000]  Okay, what that one's about is 15.09.
[01:43:06.000 --> 01:43:16.000]  15.09 says that when a complaint is forwarded to a magistrate, complete in accordance with 15.05,
[01:43:16.000 --> 01:43:27.000]  and that just lists the requisites of a complaint, the magistrate shall issue a warrant forthwith.
[01:43:27.000 --> 01:43:31.000]  Now that is not exactly ambiguous.
[01:43:31.000 --> 01:43:36.000]  It seems pretty clear what the legislature intended.
[01:43:36.000 --> 01:43:39.000]  He's not to deal around with it.
[01:43:39.000 --> 01:43:42.000]  He's not to make a determination of probable cause.
[01:43:42.000 --> 01:43:44.000]  He's to issue a warrant forthwith.
[01:43:44.000 --> 01:43:47.000]  Once the person's arrested and brought before the magistrate,
[01:43:47.000 --> 01:43:51.000]  then he makes a determination of probable cause.
[01:43:51.000 --> 01:43:54.000]  That's the most powerful tool we have.
[01:43:54.000 --> 01:43:56.000]  Hang on, Randy Kelp and Brent Fountain.
[01:43:56.000 --> 01:44:01.000]  We'll be right back.
[01:44:26.000 --> 01:44:28.000]  How to get debt collectors out of your credit report.
[01:44:28.000 --> 01:44:33.000]  How to turn the financial tables on them and make them pay you to go away.
[01:44:33.000 --> 01:44:38.000]  The Michael Mears proven method is the solution for how to stop debt collectors.
[01:44:38.000 --> 01:44:40.000]  Personal consultation is available as well.
[01:44:40.000 --> 01:44:46.000]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner.
[01:44:46.000 --> 01:44:49.000]  Or email michaelmears at yahoo.com.
[01:44:49.000 --> 01:45:00.000]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
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[01:46:21.000 --> 01:46:32.000]  Okay, we are back.
[01:46:32.000 --> 01:46:34.000]  Brenda Kelton, Brett Fountain, Rule of Law Radio.
[01:46:34.000 --> 01:46:36.000]  And Jack, you made a mistake.
[01:46:36.000 --> 01:46:38.000]  I made a mistake?
[01:46:38.000 --> 01:46:40.000]  Yes, you did.
[01:46:40.000 --> 01:46:42.000]  You mentioned my favorite subject.
[01:46:42.000 --> 01:46:51.000]  15.19, I have sued the judges of the Texas Court of Criminal Appeals,
[01:46:51.000 --> 01:47:04.000]  and I have accused them of conspiring with magistrates in Texas to disenfranchise the public from the Constitution
[01:47:04.000 --> 01:47:12.000]  by refusing to accept criminal complaints against public officials from private citizens.
[01:47:12.000 --> 01:47:17.000]  And I've sued them in the federal court.
[01:47:17.000 --> 01:47:25.000]  It took me a long time to realize what I was looking at when I read 15.09.
[01:47:25.000 --> 01:47:31.000]  That's the key to us controlling the republic.
[01:47:31.000 --> 01:47:39.000]  When we give a magistrate a complaint, he is commanded to issue a warrant.
[01:47:39.000 --> 01:47:48.000]  So if you got a prosecutor with attitude or bailiffs that won't do his job,
[01:47:48.000 --> 01:47:52.000]  you write out a criminal complaint and hand it to the judge.
[01:47:52.000 --> 01:48:01.000]  He is commanded to issue a warrant for the bailiffs' arrest.
[01:48:01.000 --> 01:48:06.000]  For these criminal complaints, I filed against the prosecuting attorney in Travis County.
[01:48:06.000 --> 01:48:11.000]  I filed them with every district judge in Travis County.
[01:48:11.000 --> 01:48:15.000]  No warrants issued.
[01:48:15.000 --> 01:48:25.000]  When I filed criminal charges against the governor, a 150-page document,
[01:48:25.000 --> 01:48:34.000]  I also sent it to Nathan Hetch, Chief Justice of the Texas Supreme,
[01:48:34.000 --> 01:48:41.000]  in 2.09, Code of Criminal Procedure, who are magistrates.
[01:48:41.000 --> 01:48:46.000]  First one, justices of the Supreme Court.
[01:48:46.000 --> 01:48:51.000]  And I maintained that since I was making criminal allegations
[01:48:51.000 --> 01:48:57.000]  against the highest level public official in the executive branch,
[01:48:57.000 --> 01:49:04.000]  it was appropriate that I filed that with the highest level magistrate in the judicial branch,
[01:49:04.000 --> 01:49:08.000]  which happened to be Justice Hetch.
[01:49:08.000 --> 01:49:16.000]  Well, you probably won't believe this, but he did not issue a warrant.
[01:49:16.000 --> 01:49:23.000]  Actually, it would have been about 30-some-odd warrants, one for sedition.
[01:49:23.000 --> 01:49:31.000]  So I waited 30 days or so and filed criminal complaints against Justice Hetch
[01:49:31.000 --> 01:49:37.000]  with Sharon Keller, presiding judge of the Court of Criminal Appeals.
[01:49:37.000 --> 01:49:41.000]  The highest criminal court in Texas.
[01:49:41.000 --> 01:49:48.000]  And you probably won't believe this, but she didn't issue a warrant either.
[01:49:48.000 --> 01:49:55.000]  So this Whitaker suit that I'm going to send you,
[01:49:55.000 --> 01:50:03.000]  I'm going to readjust it and send it to Justice Hetch and Sharon Keller,
[01:50:03.000 --> 01:50:05.000]  the highest level judge in Texas.
[01:50:05.000 --> 01:50:09.000]  Because I did this so that I could demonstrate
[01:50:09.000 --> 01:50:13.000]  that from the highest level judges in the state to the lowest,
[01:50:13.000 --> 01:50:20.000]  they all participated in this criminal enterprise.
[01:50:20.000 --> 01:50:23.000]  They all refused to accept these complaints
[01:50:23.000 --> 01:50:31.000]  and thereby disenfranchised the public from the republic.
[01:50:31.000 --> 01:50:36.000]  Public, republic. They disenfranchised the citizens from the republic.
[01:50:36.000 --> 01:50:38.000]  Yeah, that's better.
[01:50:38.000 --> 01:50:43.000]  So you want to file this in your case
[01:50:43.000 --> 01:50:50.000]  and then demand that they discharge the case.
[01:50:50.000 --> 01:50:52.000]  I'm going to do it in mine.
[01:50:52.000 --> 01:50:56.000]  Actually, I already did it in mine, and the judge just ignored it.
[01:50:56.000 --> 01:51:01.000]  But we didn't get to the Court of Appeals yet.
[01:51:01.000 --> 01:51:06.000]  If we can get this ruled on and ruled positively,
[01:51:06.000 --> 01:51:12.000]  we need a ruling that says the legislature means exactly what it said
[01:51:12.000 --> 01:51:19.000]  when it ordered the magistrate to issue a warrant.
[01:51:19.000 --> 01:51:24.000]  So think about it, Jack. What will happen if we start filing criminal charges
[01:51:24.000 --> 01:51:29.000]  and they have to issue warrants?
[01:51:29.000 --> 01:51:32.000]  Then there's a lot less people going to jail.
[01:51:32.000 --> 01:51:40.000]  Yes, and we'll have a lot less arrogant, smart-mouthed judges and police officers.
[01:51:40.000 --> 01:51:45.000]  I never felt the police were the bad guys.
[01:51:45.000 --> 01:51:50.000]  Because they never were. Police are just police.
[01:51:50.000 --> 01:51:55.000]  We've always had police. They've always had the same strengths and weaknesses.
[01:51:55.000 --> 01:51:57.000]  I'm an engineer.
[01:51:57.000 --> 01:52:03.000]  And when I'm presented with a system that's failing generally,
[01:52:03.000 --> 01:52:06.000]  you can't blame the operator.
[01:52:06.000 --> 01:52:11.000]  If all of the operators are having the same problems with the system,
[01:52:11.000 --> 01:52:15.000]  you can't blame the operator. You have to look at the design of the system.
[01:52:15.000 --> 01:52:19.000]  The criminal justice system was failing generally.
[01:52:19.000 --> 01:52:22.000]  So we have to go in and look at the design of the system.
[01:52:22.000 --> 01:52:35.000]  Where did we fail to properly define the system so that it would be error-free?
[01:52:35.000 --> 01:52:39.000]  Well, it turns out that we didn't miss anything.
[01:52:39.000 --> 01:52:42.000]  That we designed it correctly.
[01:52:42.000 --> 01:52:46.000]  All the necessary checks and balances are in there.
[01:52:46.000 --> 01:52:53.000]  And all the necessary procedures to prevent these problems we're having are in there.
[01:52:53.000 --> 01:52:57.000]  Our public officials are just not following them.
[01:52:57.000 --> 01:53:07.000]  We had a bunch of prosecutors interpret a subordinate clause added to 15.06.
[01:53:07.000 --> 01:53:12.000]  I'm sorry, 14.06, Texas Code of Criminal Procedure.
[01:53:12.000 --> 01:53:16.000]  It says that if a person is arrested for an on-site offense,
[01:53:16.000 --> 01:53:22.000]  the arresting officer must take the accused directly to the nearest magistrate,
[01:53:22.000 --> 01:53:33.000]  or in order to more expeditiously provide the warnings in 15.17 to any other county in Texas.
[01:53:33.000 --> 01:53:44.000]  And somehow, prosecutors interpreted that to mean that you could take people directly to jail instead of to a magistrate.
[01:53:44.000 --> 01:53:49.000]  And then bring them before a magistrate the next morning,
[01:53:49.000 --> 01:53:56.000]  and all the magistrate had to do was read them their warnings in 15.17.
[01:53:56.000 --> 01:54:04.000]  Well, what that was intended for is someone who was arrested out of county.
[01:54:04.000 --> 01:54:08.000]  So they're required to take them to the nearest magistrate,
[01:54:08.000 --> 01:54:13.000]  but the nearest magistrate wouldn't be in the county where the offense occurred.
[01:54:13.000 --> 01:54:18.000]  He's not likely to have the witnesses and the evidence he needs to hold a proper examining trial.
[01:54:18.000 --> 01:54:25.000]  So in that case, the magistrate would not hold a full examining trial,
[01:54:25.000 --> 01:54:29.000]  he would just give them the warnings in 15.17.
[01:54:29.000 --> 01:54:35.000]  What the lawyers did was sophisticated and complex.
[01:54:35.000 --> 01:54:42.000]  They have the magistrates do everything that's listed in 15.17.
[01:54:42.000 --> 01:54:52.000]  And 15.17 looks like an examining trial, except there is no determination of probable cause.
[01:54:52.000 --> 01:55:02.000]  So instead of just having them read the warnings in 15.17, they had them do all the things in 15.17.
[01:55:02.000 --> 01:55:07.000]  Now, I have no idea why 15.17 is in law.
[01:55:07.000 --> 01:55:10.000]  There is no need for it in law.
[01:55:10.000 --> 01:55:14.000]  It is the most complex convoluted statute I think I've ever read.
[01:55:14.000 --> 01:55:19.000]  The first paragraph is about almost a full page long.
[01:55:19.000 --> 01:55:23.000]  I had to outline it before I could read it to make sense of it.
[01:55:23.000 --> 01:55:26.000]  Somebody threw this trash in the codes,
[01:55:26.000 --> 01:55:32.000]  and prosecutors deliberately misinterpreted what it meant,
[01:55:32.000 --> 01:55:39.000]  changed the procedures and created this mass incarceration issue we're dealing with now.
[01:55:39.000 --> 01:55:47.000]  All they have to do to fix it is go back, read chapter 16,
[01:55:47.000 --> 01:55:53.000]  take persons arrested directly to the nearest magistrate,
[01:55:53.000 --> 01:55:58.000]  and the magistrate do what chapter 16 commands him to do.
[01:55:58.000 --> 01:56:01.000]  We need no new law.
[01:56:01.000 --> 01:56:05.000]  This problem exists from no lack of law.
[01:56:05.000 --> 01:56:15.000]  This law has been in law since, I keep saying 1215 AD, but it's actually 1689 AD.
[01:56:15.000 --> 01:56:20.000]  And it served us well if a sheriff arrested a freeman for any reason,
[01:56:20.000 --> 01:56:25.000]  he used to take him directly to the nearest magistrate and explain himself.
[01:56:25.000 --> 01:56:29.000]  It's not because they don't trust the policeman.
[01:56:29.000 --> 01:56:37.000]  It's because they did not want the public to feel that the police had the power to arrest and imprison.
[01:56:37.000 --> 01:56:41.000]  But that's exactly what they're doing now.
[01:56:41.000 --> 01:56:44.000]  If you get arrested for any reason with or without a warrant,
[01:56:44.000 --> 01:56:46.000]  you're going to jail.
[01:56:46.000 --> 01:56:50.000]  Straight to jail, do not pass go, do not go to the nearest magistrate.
[01:56:50.000 --> 01:56:52.000]  You're going to jail, you spend the night in jail,
[01:56:52.000 --> 01:56:57.000]  and get bit by a Brown recluse spider on the head, which really sucked.
[01:56:57.000 --> 01:56:58.000]  Thank you very much.
[01:56:58.000 --> 01:57:02.000]  You notice at the beginning of the show I was having throat issues.
[01:57:02.000 --> 01:57:06.000]  That's the leftover from that Brown recluse.
[01:57:06.000 --> 01:57:08.000]  They're not to take you and throw you in jail all night,
[01:57:08.000 --> 01:57:11.000]  they're to take you directly to the nearest magistrate.
[01:57:11.000 --> 01:57:14.000]  We get that put back in law.
[01:57:14.000 --> 01:57:18.000]  This mass incarceration issue will simply go away.
[01:57:18.000 --> 01:57:22.000]  And Jack, this is how we get it done.
[01:57:22.000 --> 01:57:27.000]  You file that motion and when they blow it off, you land on those judges like a ton of bricks.
[01:57:27.000 --> 01:57:31.000]  You file a criminal complaint against the judge,
[01:57:31.000 --> 01:57:36.000]  accusing him of official misconduct for not issuing a warrant.
[01:57:36.000 --> 01:57:39.000]  And you give that to another magistrate.
[01:57:39.000 --> 01:57:42.000]  There you go, Bubba, how do you like this one?
[01:57:42.000 --> 01:57:45.000]  Then we start going after them.
[01:57:45.000 --> 01:57:48.000]  We get this changed.
[01:57:48.000 --> 01:57:53.000]  The criminal justice system will revive itself.
[01:57:53.000 --> 01:57:56.000]  What do you think, Jack?
[01:57:56.000 --> 01:58:01.000]  I think that's a plan.
[01:58:01.000 --> 01:58:06.000]  This is the culmination of 40 years of research.
[01:58:06.000 --> 01:58:10.000]  This will get it fixed.
[01:58:10.000 --> 01:58:13.000]  Okay, thank you for calling in, Jack.
[01:58:13.000 --> 01:58:15.000]  We are out of time.
[01:58:15.000 --> 01:58:18.000]  Randy Kelkin, Brett Fountain, We Are Raw Radio.
[01:58:18.000 --> 01:58:23.000]  We'll be back next week with our two-hour show on Thursdays
[01:58:23.000 --> 01:58:27.000]  and our four-hour info marathon on Fridays.
[01:58:27.000 --> 01:58:33.000]  Actually, this is Thursday, so we'll be back tomorrow for our four-hour info marathon.
[01:58:33.000 --> 01:58:37.000]  And make sure you check out Eddie Craig on Mondays at 8 p.m.
[01:58:37.000 --> 01:58:41.000]  He does a show on traffic.
[01:58:41.000 --> 01:58:45.000]  Thank you all for listening, and good night.
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