ROL_2024-09-19_16k.timecode

[01:47.460 --> 01:49.460]  Boys, Bad Boys, Bad Boys, Bad Boys.
[01:49.460 --> 01:54.460]  Okay, howdy, howdy, Randy Kelton, Brett Fountain, Wheel of Law Radio. On this
[01:54.460 --> 01:57.460]  Thursday, the 19th day of September.
[01:59.460 --> 02:01.540]  And Brett has been at it again.
[02:02.460 --> 02:05.440]  He has been in annoying the locals.
[02:05.460 --> 02:07.460]  Will you tell us what you've been doing?
[02:08.460 --> 02:09.460]  Sure.
[02:09.460 --> 02:17.860]  Sure. Well, so in my conversations with some local justices of the peace,
[02:18.900 --> 02:25.220]  I've come to the conclusion that these are good people who really wanna do the right thing.
[02:26.100 --> 02:31.620]  And they are just baffled that somebody would think that they're not doing right.
[02:33.380 --> 02:37.220]  Because by golly, they've got this training and they are following it to the T.
[02:39.860 --> 02:45.620]  And I started looking at the training and it's a mess. It's all wrong.
[02:47.220 --> 02:52.660]  And it doesn't comport with the law. So I reached out to the director.
[02:54.500 --> 03:02.820]  And so I started in friendly. Let's start there and let's see if they're willing to
[03:03.620 --> 03:07.220]  have a conversation about some things that need to be improved on the training.
[03:08.180 --> 03:11.780]  Sure. Let's schedule up a time. Let's get together. No problem.
[03:12.740 --> 03:22.100]  And I got her. This is Thea Whalen. She's in charge of the TJCTC, Texas Justice Court Training
[03:22.100 --> 03:30.340]  Center. And so she was very open at first and she's ready to meet with me and she set up a time,
[03:30.340 --> 03:36.580]  a two hour window. We can go over all the things I need to. And let's discuss this and yeah,
[03:36.580 --> 03:43.540]  let's see about improving training. Great. What do you got? And she kept trying to get
[03:43.540 --> 03:53.940]  me to say what it was before the meeting. And I wouldn't really do that because I know
[03:53.940 --> 03:58.100]  what that's going to look like in an email. It's just going to, it's not going to come across
[03:58.180 --> 04:08.180]  with its full. There's no telling. When the listener, when you can't tell
[04:08.740 --> 04:15.140]  what the listener knows and where the particular holes in their understanding are, it's hard to
[04:15.140 --> 04:23.860]  know how to present a certain issue. So I really want to do it live. I want to do it interactively.
[04:23.860 --> 04:31.140]  I want to say, Hey, here's an issue. This issue of examining trials and probable cause determination.
[04:31.140 --> 04:37.380]  This is really important and kind of lead in and let them interact a little bit. And what do you
[04:37.380 --> 04:41.220]  mean? What do you think's wrong with it? We'll take this part right here. I want to do it in
[04:41.220 --> 04:57.140]  an interactive way. And otherwise, as I told, well, let me just say they have gone from
[04:59.700 --> 05:06.020]  this director being open and ready to meet, scheduling a time, two hour window.
[05:06.740 --> 05:11.620]  Uh, then she went to, Oh, let's just do this by phone.
[05:13.540 --> 05:18.180]  And then she went to hang on a second. Let me get my general counsel involved.
[05:20.020 --> 05:25.300]  Well, I tell you what, why don't you just email him and then he can email all the other lawyers.
[05:25.300 --> 05:30.580]  And then if we need to call, call you back, then we could do that. Don't call us. We'll call you.
[05:30.580 --> 05:38.100]  And so I started, uh,
[05:41.620 --> 05:45.220]  I started showing some interest in the meetings that they're having.
[05:45.220 --> 05:49.780]  She said one of the reasons why she needed to switch it up and she's too busy now,
[05:49.780 --> 05:53.940]  it's because they're having so many curriculum planning meetings.
[05:55.780 --> 05:58.820]  I said, well, that's interesting. I'd like to attend these meetings.
[05:58.820 --> 06:00.500]  Tell me a street address at a time.
[06:02.660 --> 06:05.700]  Oh, she doesn't want me in those meetings.
[06:05.700 --> 06:10.660]  She says, if you're not a judge and you're not one of our committee members,
[06:10.660 --> 06:14.980]  then you're, you're not able to participate. You know, you can't come into the meetings.
[06:16.740 --> 06:24.740]  Oops. That makes me think she's not being, uh, she's not staying current on her mandatory
[06:24.740 --> 06:30.580]  training about Texas open meetings act. So then,
[06:33.300 --> 06:38.180]  so then I, uh, I started asking some other questions about the meeting and she made it
[06:38.180 --> 06:44.500]  very clear that this is not for me. So then I started asking her some,
[06:44.500 --> 06:48.420]  with records requests, I just, this is the same thing I was asking already.
[06:48.420 --> 06:51.300]  I just changed up the language a little bit and made it a little more formal.
[06:52.260 --> 06:58.260]  And so now she knows this is a records request because instead of just asking her the questions,
[06:58.260 --> 07:05.380]  I phrased it like I'd like to immediately inspect all the records showing X, Y, Z.
[07:06.740 --> 07:14.420]  Well, now she knows that she's stuck and she doesn't want to talk to me anymore.
[07:15.540 --> 07:19.940]  And now she's got me, uh, let's just deal with this guy. He's the general counsel.
[07:21.300 --> 07:27.140]  Okay. So wait a minute, wait a minute. You didn't bar-grieve general counsel, did you?
[07:29.620 --> 07:34.180]  Not today. I'm first. I want to bar-grieve her.
[07:37.140 --> 07:43.060]  Oh, does she have a bar card? Yes, she does. She made sure that she let me know about that
[07:43.780 --> 07:50.020]  because she was talking about how first she said that, uh, she wanted to know
[07:50.580 --> 07:55.300]  in preparation for our meeting, this was one of her very first responses in preparation for
[07:55.300 --> 08:01.940]  our meeting. I'd like to go ahead and get your bar card number. And I said, well, I don't know how,
[08:04.180 --> 08:08.900]  you having details about my bar association membership, how does that help anybody prepare
[08:08.900 --> 08:14.580]  for the meeting? But I said, well, I'll tell you what I said, let's just go ahead and have
[08:14.580 --> 08:18.740]  the meeting and talk about what we need to. And then if you need the details of my bar
[08:18.740 --> 08:22.500]  association membership for anything, well, I'll just give them to you.
[08:26.740 --> 08:31.380]  So, uh, so she went off, you know, she didn't say anything more about that,
[08:32.180 --> 08:39.780]  uh, but in the process, she, uh, the way I took that is she's trying to filter me out,
[08:39.780 --> 08:44.500]  find some reason, this reason, that reason, any reason she can think of to say, well, you know
[08:44.500 --> 08:49.700]  what, we're not, we're not going to have a meeting after all. And it's for this reason,
[08:51.540 --> 08:56.580]  but I guess she didn't succeed in filtering me out. She's making an effort to shunt me off here
[08:56.580 --> 09:04.260]  to her general counsel. And now it's getting more formal. And now I'm asking for, um, records
[09:05.060 --> 09:09.700]  that show that they are compliant and have been compliant for the past three years
[09:11.220 --> 09:18.500]  in mandatory training. The attorney general requires them to have certain training
[09:19.780 --> 09:25.540]  and not only in the records requests, but also in the open meetings act. So PIA is public
[09:25.540 --> 09:32.500]  information act, OMA open meetings act, and the attorney general requires this of them.
[09:32.500 --> 09:36.820]  They have to re-up every year. So I want to see those certificates.
[09:38.500 --> 09:44.180]  And I'm asking for details about that. Meanwhile, I'm peppering the custodian of records,
[09:44.740 --> 09:49.860]  the, the, the, or I'm sorry, the designated, um, what do they call her?
[09:49.860 --> 09:58.580]  There's a designated responder for records requests and I'm peppering her with, um,
[10:01.860 --> 10:08.020]  requests about these meetings that they're having. And I want to attend these meetings,
[10:08.020 --> 10:12.820]  which meetings, where are the meetings? Are there URLs where I can invite other
[10:12.820 --> 10:21.940]  members of the public to watch? So, yep, that's, it's getting interesting.
[10:24.020 --> 10:27.620]  So you mean you're not on their Christmas card list?
[10:29.140 --> 10:31.140]  Um, I'm starting to get that impression.
[10:33.300 --> 10:35.940]  This is not, I see the whole bunch of
[10:37.220 --> 10:40.980]  entities that train public officials. This was not one of them.
[10:42.900 --> 10:48.660]  So maybe when I've refiled my suit, I need to sue somebody I haven't sued before.
[10:49.860 --> 10:50.420]  There you go.
[10:51.300 --> 10:53.380]  It's probably more of them than just this one.
[10:54.580 --> 11:00.180]  Yeah. There's also one that's a TMCEC, Texas municipal court education center.
[11:01.140 --> 11:07.380]  And, you know, the difference is the JP's are taking their training from, from this one and
[11:07.380 --> 11:14.100]  the municipal court guys are getting their training from TMCEC, but it's very similar.
[11:14.660 --> 11:17.380]  I'm beating up some municipal courts, so that may be a good one.
[11:18.580 --> 11:20.580]  How many millions should we sue them for?
[11:21.620 --> 11:22.100]  A lot.
[11:24.900 --> 11:29.780]  Well, they've only, they only deal with 7 million traffic tickets a year.
[11:30.820 --> 11:32.740]  And what do they average about 500 bucks?
[11:34.900 --> 11:35.700]  Probably a little less.
[11:38.340 --> 11:42.660]  So say 300 bucks, 300.
[11:42.660 --> 11:46.660]  Good, good thing to ask for in records requests. Let's get a real number.
[11:46.660 --> 11:51.140]  300 times 7 million. That's not a bad number.
[11:51.860 --> 11:58.500]  Right. And all others similarly situated.
[11:58.500 --> 12:05.940]  Exactly. So this sounds good. Okay. I'm turning on the phone lines.
[12:06.900 --> 12:14.740]  If you have a question or comment, give us a call, a call in number 512-646-1984.
[12:14.740 --> 12:20.180]  We will be doing an archive tomorrow night. Deborah has a couple of guests in the family
[12:20.180 --> 12:24.500]  and she will be out of town. And she says she can't babysit us.
[12:26.500 --> 12:28.020]  Brett, does that hurt your feelings?
[12:28.980 --> 12:29.940]  What does that mean?
[12:30.740 --> 12:37.140]  I don't know. Us poor guys, we're so mistreated. These women don't trust us.
[12:37.780 --> 12:39.780]  She sounds just like my wife.
[12:42.020 --> 12:43.380]  Well, yeah, but she's right.
[12:45.380 --> 12:46.100]  Just ask her.
[12:46.900 --> 12:49.460]  Yeah, so is my wife, but what's that got to do with anything?
[12:50.900 --> 12:53.220]  Okay. Randy Kelton, Brett Fountain.
[12:53.220 --> 12:54.660]  Oh wait, we got a minute left.
[12:55.300 --> 12:59.140]  Yes. So with these requests, what I'm really hoping for
[12:59.780 --> 13:05.940]  is the first issue that I'm tackling. I told the general counsel today that I've got
[13:07.220 --> 13:16.740]  over 20 distinct major issues that I've identified as needing improvement in their training.
[13:18.100 --> 13:21.460]  And I said, let's start with this one about determination of probable cause.
[13:21.460 --> 13:26.900]  And I pulled up their Magistration Bench Card number one.
[13:29.940 --> 13:38.340]  And to their credit, Randy, they do express that there's no actual word Magistration in the code.
[13:39.860 --> 13:44.340]  However, it's just the word that we use colloquially to say these are all the
[13:44.340 --> 13:46.340]  duties of the magistrate. What?
[13:47.220 --> 13:48.500]  Yeah. Holy mackerel.
[13:48.740 --> 13:49.700]  We haven't admitted that.
[13:51.220 --> 13:53.940]  Well, yeah. Anyway, well, let's talk about that somewhere on the other
[13:53.940 --> 13:57.220]  side about the determination of probable cause. We'll be right back.
[14:48.500 --> 14:56.100]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[14:56.100 --> 14:58.500]  to learn how to stop debt collectors now.
[15:00.340 --> 15:05.380]  Are you looking to have a closer relationship with God and a better understanding of his word?
[15:05.380 --> 15:10.420]  Then tune in to logosradionetwork.com on Wednesdays from 8 to 10 p.m. central time
[15:10.420 --> 15:15.700]  for scripture talk, where Nana and her guests discuss the scriptures in accord with 2 Timothy
[15:15.860 --> 15:21.540]  2.15. Study to show thyself approved unto God, a workman that needeth not to be ashamed,
[15:21.540 --> 15:26.660]  rightly dividing the word of truth. Starting in January, our first hour studies are in the
[15:26.660 --> 15:32.260]  book of Mark, where we'll go verse by verse and discuss the true gospel message. Our second hour
[15:32.260 --> 15:36.820]  topical studies will vary each week with discussions on sound doctrine and Christian
[15:36.820 --> 15:41.940]  character development. We wish to reflect God's light and be a blessing to all those with a
[15:41.940 --> 15:47.460]  hearing ear. Our goal is to strengthen our faith and to transform ourselves more into the likeness
[15:47.460 --> 15:53.300]  of our Lord and Savior Jesus. So tune in to scripture talk live on logosradionetwork.com
[15:53.300 --> 15:58.500]  Wednesdays from 8 to 10 p.m. to inspire and motivate your studies of the scriptures.
[17:11.940 --> 17:33.060]  Okay, we are back. Randy Kelton, Brett Fountain, Wheel of Law Radio. And when we went out, Brett
[17:33.060 --> 17:41.060]  was talking about probable cause. And if anything is the key to undermining this whole
[17:41.700 --> 17:47.380]  corrupt criminal justice system, is this it? Okay, go ahead, Brett.
[17:48.660 --> 17:57.060]  Yeah, it really is. We have so many people that are running into trouble because of this one issue.
[17:58.020 --> 18:01.460]  If this one issue gets fixed, so many people's lives change.
[18:03.300 --> 18:10.260]  On this Magistration Bench Card, they say determining probable cause, and they instruct
[18:10.260 --> 18:16.420]  the judge or justice here, you must determine probable cause if the person was arrested without
[18:16.420 --> 18:24.420]  a warrant. And it says probable cause means reasonably trustworthy information that would
[18:24.420 --> 18:28.180]  lead a reasonable person to believe the accused person has committed the offense.
[18:29.540 --> 18:34.580]  Oh my goodness. And that's all. They don't give any instruction on
[18:35.700 --> 18:41.060]  anything about essential elements. They don't give any instruction on evidentiary facts.
[18:41.620 --> 18:48.900]  A son-in-law is a JP. And he told me what his name was, but I forgot. He's a
[18:48.900 --> 18:54.900]  famous author. He's written some 15 books. He's drunk. He goes to bed, passes out.
[18:55.860 --> 19:01.780]  And then the next day, late at night, they wake him up. Apparently his dog has attacked
[19:01.780 --> 19:06.740]  the neighbor's pig and had to put the pig down. And I think they shot the dog.
[19:07.540 --> 19:14.180]  And they arrested the guys who shot the dog and arrested his brother-in-law or something.
[19:15.140 --> 19:20.580]  They wake him up and they arrest him. And they take him to jail. And
[19:21.700 --> 19:27.300]  son-in-law knew him. And he asked him what happened. The police told him,
[19:28.180 --> 19:30.900]  the guy was drunk and you woke him up and you arrested him.
[19:32.900 --> 19:37.140]  And I said, well, what did you do? He said, what could I do? I'd set bail.
[19:37.140 --> 19:37.620]  Gosh.
[19:41.220 --> 19:49.140]  I said, why didn't you hold an examining trial? He said, I don't know how to hold an examining
[19:49.140 --> 19:55.060]  trial. Yeah, and that's a problem. We've got well-meaning judges and justices
[19:55.060 --> 19:58.420]  that don't have a clue. They've never done it right.
[19:58.420 --> 20:01.780]  This is a justice of the peace who is my son-in-law.
[20:01.780 --> 20:07.780]  And he's in a county that I have stomped all over.
[20:10.500 --> 20:14.020]  And he knows the law. I've went through the law with him.
[20:15.700 --> 20:19.300]  But they're following these bench cards. They've got bullet points and they say,
[20:19.300 --> 20:22.580]  here's what you say, here's what you do. Listen to this, Randy. It says,
[20:23.540 --> 20:30.980]  to determine whether there is probable cause, colon, read the probable cause affidavit prepared
[20:30.980 --> 20:38.260]  by the arresting officer. That's it. And then it says, if you find that there is probable cause
[20:38.260 --> 20:44.980]  to support the person's arrest, then you just say, quote, I find probable cause exists for the arrest.
[20:46.820 --> 20:47.460]  That's it.
[20:49.540 --> 20:56.500]  That's interesting because, have you been able to access their previous trial
[20:57.140 --> 20:57.940]  by books or?
[21:00.660 --> 21:04.820]  No, I haven't looked. Yeah, I mean, I could go get them, but I haven't looked.
[21:06.740 --> 21:12.420]  Because what it sounds like is all these judges got their butts kicked and
[21:13.540 --> 21:17.060]  stuck this big suit up their behind, so they tried to do something to fix it.
[21:19.220 --> 21:23.220]  But they had a problem. Can't really fix it.
[21:24.180 --> 21:28.420]  Because if they fix it, it is clear that all the previous stuff was
[21:28.420 --> 21:31.140]  horribly wrong. So they're trying to make an adjustment.
[21:32.180 --> 21:38.900]  Right. Well, it's like I told the general counsel today, general counsel of this training center,
[21:40.580 --> 21:47.860]  I said, PS, I might be able to even help you wordsmith your new training so that your
[21:47.860 --> 21:52.900]  new training doesn't unnecessarily open you up to liability for the old training.
[21:53.220 --> 21:58.980]  Did you hear his anal sphincter squeezing shut?
[22:00.740 --> 22:06.660]  Well, you know, I said, I know he's thinking this anyway. He's the general counsel. So I'm
[22:06.660 --> 22:12.580]  sure he's, he's thinking it. I might as well go ahead and say it. I know you're liable.
[22:12.580 --> 22:17.380]  You know, you're liable. Hey, maybe we, I could help you wordsmith a little bit. We can minimize
[22:17.380 --> 22:26.260]  that. So what did he say? No answer yet. Oh, he and the director both read the message.
[22:26.260 --> 22:30.820]  I got the read receipt really fast, but no reply.
[22:34.820 --> 22:35.780]  That is interesting.
[22:38.020 --> 22:43.380]  What else is interesting is he gave me some numbers in trying to explain to me about how
[22:43.380 --> 22:48.820]  important he is and how busy they are. He gave me some numbers about how many judges
[22:48.820 --> 22:53.780]  and how many constables and how many this and that are being trained by their materials.
[22:53.780 --> 23:01.540]  So I think that could come in handy, right? Oh, thousands. I don't know. Let me look and see.
[23:01.620 --> 23:07.300]  Oh, 2000 of this and 3000 of that.
[23:07.300 --> 23:14.580]  How many thousands of hearings in the jail have these magistrates had?
[23:15.220 --> 23:21.780]  Oh my, yeah. It's, it's not pretty. It's a bad scenario, but-
[23:21.780 --> 23:24.340]  Have you requested a list of those magistrates?
[23:24.900 --> 23:33.940]  Hmm. I did ask for a list of all of the people who are participants in these planning meetings
[23:33.940 --> 23:40.980]  for the distribution of, for the, what do they call it? The editing and
[23:43.060 --> 23:46.260]  vetting and dissemination of the new curriculum.
[23:46.900 --> 23:51.460]  I want to see the new curriculum and I want to know all the names and titles and email addresses
[23:51.460 --> 24:00.660]  of all the participants. You're looking for low hanging fruit. Everybody's liable.
[24:03.380 --> 24:10.500]  You're out here training justices of the peace and magistrates to do it wrong. Now these are
[24:10.580 --> 24:18.900]  justice of the peace. Training them to do it wrong. If they're doing thousands,
[24:20.180 --> 24:23.940]  they may be the only ones of the peace.
[24:24.820 --> 24:26.420]  Wait, say that again. They may be what?
[24:27.060 --> 24:34.340]  The only ones training justices of the peace. This is four or five per county on an average.
[24:34.340 --> 24:49.780]  And there's 254 counties. Yeah. That's about 12 to 1500 JPs for 254 counties.
[24:53.460 --> 24:58.820]  So we may have a lot more municipal judges than that, but justices of the peace.
[24:59.780 --> 25:02.820]  But our county has four.
[25:06.020 --> 25:11.060]  And most of the counties, they generally have a justice of the peace about every 15 miles.
[25:12.500 --> 25:19.540]  So depending on how big the county is, but I'm going to guess if I guess that the five
[25:19.540 --> 25:25.460]  is average, there's probably less than that. These guys might be training all of them.
[25:25.860 --> 25:36.900]  Here we go. It says 800 plus judges, 3,000 plus clerks, 2,000 plus constables and deputies.
[25:38.900 --> 25:42.100]  Okay. So that's a lot of people getting bad training.
[25:42.100 --> 25:44.260]  It's a lot of people, but it's not everybody.
[25:45.700 --> 25:49.380]  Yep. That's only about 6,000 total.
[25:49.380 --> 25:55.940]  I think we've got two constables in this county and we have about 60,000 people.
[26:00.020 --> 26:02.580]  So there aren't so many constables.
[26:03.700 --> 26:06.500]  I just want to see this training get fixed and the people that are
[26:07.780 --> 26:09.620]  following it because they, you know, they.
[26:10.660 --> 26:18.580]  We're a 60,000 population county and we got two constables and they treat you in how many constables?
[26:19.380 --> 26:23.860]  3,000. Yeah.
[26:24.500 --> 26:29.700]  They may be doing most of them. You may be on to the primary culprit.
[26:33.700 --> 26:38.500]  Could be. If you force them to change, you may fix everything.
[26:40.980 --> 26:44.180]  If you force them to change and it works
[26:44.580 --> 26:51.140]  and the other states will begin to pick it up, you'll be famous.
[26:52.660 --> 26:55.860]  Don't need to be famous, but these things to be fixed.
[26:55.860 --> 26:57.860]  Okay. In famous, we'll be right back.
[27:00.340 --> 27:05.060]  Businesses ask you for a lot of personal information and you may trust them to keep it safe,
[27:05.060 --> 27:09.620]  but it turns out that even the most trusted companies may be unwittingly revealing your
[27:09.620 --> 27:13.380]  secrets. I'm Dr. Catherine Albrecht and I'll be right back with details.
[27:14.420 --> 27:19.940]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[27:19.940 --> 27:24.740]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[27:24.740 --> 27:30.900]  So protect your rights, say no to surveillance and keep your information to yourself. Privacy,
[27:30.900 --> 27:36.100]  it's worth hanging on to. This public service announcement is brought to you by Startpage.com,
[27:36.100 --> 27:42.100]  the private search engine alternative to Google, Yahoo and Bing. Start over with Startpage.
[27:42.660 --> 27:47.860]  Data privacy is a big deal. So nearly every company has a policy explaining how they handle
[27:47.860 --> 27:53.380]  your personal information, but what happens if it escapes their control? It's not an idle question.
[27:53.380 --> 27:59.380]  According to a recent survey, a shocking 90% of US companies admit their security was breached
[27:59.380 --> 28:05.460]  by hackers in the last year. That's one more reason you should trust your searches to Startpage.com.
[28:05.460 --> 28:10.740]  Unlike other search engines, Startpage doesn't store any data on you. They've never been hacked
[28:10.740 --> 28:15.300]  but even if they were, there would be nothing for criminals to see. The cupboard would be bare.
[28:15.300 --> 28:20.100]  Too bad other companies don't treat your data the same way. I'm Dr. Catherine Albrecht.
[28:20.100 --> 28:23.620]  More news and information at CatherineAlbrecht.com.
[28:40.740 --> 29:05.300]  The rule of law radio is proud to offer the rule of law traffic seminar. In today's America,
[29:05.300 --> 29:09.060]  we live in an us-against-them society and if we the people are ever going to have a free society,
[29:09.140 --> 29:13.220]  then we're going to have to stand and defend our own rights. Among those rights are the right to
[29:13.220 --> 29:17.220]  travel freely from place to place, the right to act in our own private capacity, and most importantly,
[29:17.220 --> 29:21.620]  the right to due process of law. Traffic courts afford us the least expensive opportunity to
[29:21.620 --> 29:25.780]  learn how to enforce and preserve our rights through due process. Former sheriff's deputy
[29:25.780 --> 29:29.380]  Eddie Craig, in conjunction with rule of law radio, has put together the most comprehensive
[29:29.380 --> 29:33.220]  teaching tool available that will help you understand what due process is and how to hold
[29:33.220 --> 29:36.980]  courts to the rule of law. You can get your own copy of this invaluable material by going
[29:36.980 --> 29:41.300]  to ruleoflawradio.com and ordering your copy today. By ordering now, you'll receive a copy
[29:41.300 --> 29:45.380]  of Eddie's book, The Texas Transportation Code, The Law Versus the Lie, video and audio of the
[29:45.380 --> 29:49.860]  original 2009 seminar, hundreds of research documents, and other useful resource material.
[29:49.860 --> 29:53.780]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[29:53.780 --> 29:57.860]  Order your copy today and together we can have the free society we all want and deserve.
[30:06.980 --> 30:21.220]  Yeah, Mr. Officer, you're taking the lie in the hand. Won't you follow the law of the land?
[30:22.660 --> 30:31.700]  I don't understand. Your job is to protect and preserve, not beat and abuse. Officer!
[30:31.700 --> 30:43.700]  When you're gonna stop abuse, your power. When you're gonna stop abuse, your power.
[30:44.820 --> 30:54.740]  When you're gonna stop abuse, your power. When you're gonna stop abuse, your power.
[30:55.700 --> 31:03.940]  So please, Mr. Macklin, teach officers not to abuse their power. Send a request to the leader,
[31:03.940 --> 31:11.540]  the captain of all officers. Tell them to uphold the law and please don't abuse their power.
[31:12.180 --> 31:16.900]  They beat and they beat and they cheat and they cheat and they lie every hour.
[31:17.700 --> 31:26.900]  So, Mr. Officer, please stop abusing your power. You pull me over and tell me to be silent,
[31:27.460 --> 31:33.140]  sir. I need to speak to my lawyer, Mr. Officer.
[31:35.700 --> 31:44.420]  Hey, we are back. I was going to give him a call in number for somebody who called me while we were
[31:44.420 --> 31:50.580]  on the break. He just showed up on my board. Okay, we're gonna go to our callers. I'm gonna
[31:50.580 --> 31:56.420]  start with Melissa in Georgia. Hello, Melissa. What do you have for us today?
[31:57.620 --> 32:03.380]  Hey, guys. You might remember me. I called Friday kind of late and you asked me to call
[32:03.380 --> 32:09.940]  back tonight. So here I am. Yeah, I remember. You were a hillbilly. I remember hillbillies.
[32:10.900 --> 32:16.660]  I'm in Georgia and one of the only three states that hold
[32:17.540 --> 32:23.780]  17-year-olds as adults in court, which is beyond their jurisdiction.
[32:25.460 --> 32:28.900]  So you want to be refreshed? How is it beyond their jurisdiction?
[32:30.740 --> 32:35.140]  Because under Georgia law, if you're under 18, it says you're a minor.
[32:35.940 --> 32:39.620]  Under what law? Under Georgia law, there's a Georgia law.
[32:39.620 --> 32:42.180]  It says if you are under 18, you're considered a minor.
[32:43.940 --> 32:55.220]  Is there case law leeway for declaring someone under 18 an adult?
[32:58.980 --> 33:03.300]  I have not located that there yet. I haven't found, I haven't tried to find it.
[33:04.580 --> 33:07.460]  But that's a great idea. I'm gonna write that down. That's something to look for.
[33:08.420 --> 33:13.540]  While we're talking, search on that and see if you can find something.
[33:14.900 --> 33:19.620]  To find something about what? About declaring a 17-year-old,
[33:22.100 --> 33:30.100]  prosecuting a 17-year-old as an adult. I know here in Texas, they do that on occasion where
[33:30.100 --> 33:40.340]  17-year-old commits a crime that is of a nature that is beyond what would be considered something
[33:40.340 --> 33:44.980]  a child would do, like the kid who goes into the school and shoots up the school.
[33:46.260 --> 33:50.900]  Well, can I ask you something, Melissa? Have you been to the court clerk
[33:51.700 --> 33:53.860]  and found out what the accusation is?
[33:54.820 --> 34:03.060]  Yeah, I have everything. I have what was submitted for the magistrate for the warrant.
[34:05.380 --> 34:12.180]  Honestly, all it shows is that he was caught on camera going into the bathroom
[34:12.180 --> 34:16.340]  and coming out of the bathroom laughing. Therefore, that made him guilty of
[34:17.300 --> 34:23.700]  toilet paper roll holder broken. This is a bathroom that is the most
[34:24.420 --> 34:29.380]  visited one because we live right here on the coast where people come here to vacation.
[34:30.580 --> 34:34.660]  That one is right there on the beach that everybody goes to. It's just like a main attraction.
[34:34.660 --> 34:38.740]  Okay. Wait a minute. You're going into the details.
[34:42.020 --> 34:49.460]  So is there a crime? Caught on camera coming into a bathroom and out of a bathroom laughing.
[34:49.460 --> 34:53.460]  That's not a crime. What did they accuse your son of doing?
[34:54.500 --> 34:56.420]  Criminal trespass under 500.
[34:57.620 --> 35:02.180]  Well, that should be easy enough to defeat. You can't be criminally trespassed without the owner
[35:02.180 --> 35:08.020]  telling you to get off the property. You can't be criminally trespassed unless you have been
[35:08.020 --> 35:15.460]  ordered by the owner to vacate the property and never return. A criminal trespass warning
[35:15.460 --> 35:19.140]  has been issued and then you return to the property.
[35:19.940 --> 35:25.540]  Right. So that should be really easy to defeat. Then you're not spinning your wheels trying to
[35:25.540 --> 35:30.740]  figure out, well, why did they take me to this court? I should be in that court when you really
[35:30.740 --> 35:37.220]  don't belong in any court because the statement at the very beginning, like you're talking about,
[35:37.220 --> 35:45.780]  well, they caught him on camera doing A and B. Neither one of which is a fact that goes to
[35:45.780 --> 35:52.900]  any essential element of any crime. So what are we doing here? You know what I mean?
[35:54.100 --> 35:58.500]  Yeah, I'm with you. I said the same thing, but here's where-
[35:58.660 --> 35:59.160]  Okay.
[35:59.860 --> 36:07.700]  They will not let me defend him. They say, oh, he can do it pro se if he wants to, but he's 17
[36:07.700 --> 36:12.740]  years old, number one. He doesn't know how to do any of that stuff. He will eventually, but right
[36:12.740 --> 36:21.220]  now, he's just 17 and worried about his homework. Hold on. Stop, stop. Going into all kinds of other
[36:21.220 --> 36:30.420]  stuff, the primary issue is they're charging him as an adult. See how they got there.
[36:31.380 --> 36:37.780]  Okay, is a 17-year-old a minor in Georgia? Yes, a 17-year-old is considered a minor in Georgia.
[36:37.780 --> 36:44.180]  The age of legal majority in the state is 18 years old. This means that until someone turns 18,
[36:44.180 --> 36:48.820]  they are classified as a minor and afforded certain legal protections. However,
[36:49.620 --> 36:55.060]  the nuance to be aware of, while Georgia considers 17-year-old minors,
[36:55.060 --> 37:01.940]  they are treated as adults in the criminal system. This means that if a 17-year-old is
[37:01.940 --> 37:07.780]  charged with a crime, especially a serious one, the case will likely be heard in an adult court,
[37:08.980 --> 37:14.580]  superior court, and they will face adult consequences, including potential jail time.
[37:15.140 --> 37:21.380]  State, in the state, there is a juvenile court system that handles most offenses committed by
[37:21.380 --> 37:28.180]  minors under 17 and under, especially dangerous or heinous crimes. However,
[37:28.180 --> 37:35.140]  they involve charging juveniles as adults. Is criminal trespass a dangerous or heinous crime?
[37:36.180 --> 37:38.900]  Are they saying that he screwed up the toilet paper?
[37:38.900 --> 37:44.340]  Yes. That's pretty heinous.
[37:45.300 --> 37:49.220]  He was in there for two minutes, according to the statement.
[37:50.260 --> 37:53.620]  No, wait, don't go to the, hold on. Did you say heinous or heinous?
[37:55.220 --> 37:58.740]  Heinous. Don't go to the details yet. Don't go to the merits.
[37:59.700 --> 38:03.460]  Okay. Do not ever want to get to the merits if you can avoid it.
[38:04.660 --> 38:08.580]  Okay. Stay with how they get to
[38:08.980 --> 38:21.540]  17 year old as a adult criminal trespass without previous warnings. Has he been ordered? Has he been
[38:23.780 --> 38:27.940]  given a criminal trespass warning prior to this?
[38:28.740 --> 38:29.240]  No.
[38:31.220 --> 38:33.940]  So this can't be criminal trespass, period.
[38:34.420 --> 38:39.300]  Period. Yeah, it's impossible for somebody of any age to be trespassed
[38:40.020 --> 38:44.100]  the first time they're told. That's not, it's impossible.
[38:46.100 --> 38:51.780]  I'm an adult. And if they saw me coming out of there in charge of me with criminal trespass,
[38:53.460 --> 38:57.220]  they would have themselves a problem because there's no grounds for criminal trespass.
[38:57.220 --> 38:59.940]  It's also-
[38:59.940 --> 39:01.460]  Is this a public toilet?
[39:02.420 --> 39:04.260]  Yes. Public property is at a park.
[39:07.700 --> 39:16.100]  How would you get a criminal trespass warning on public property? Can a policeman give a
[39:16.100 --> 39:17.140]  public trespass warning?
[39:18.420 --> 39:22.820]  Are you asking me how they would typically do it or against the law?
[39:22.820 --> 39:22.900]  Yeah.
[39:22.900 --> 39:28.260]  Are you asking me how there'd be some lawful way for them to do it?
[39:28.260 --> 39:32.660]  Yeah. I'm asking what would be a lawful way for them to get
[39:32.660 --> 39:36.260]  criminal trespass warning on public property. Now, if it's private property,
[39:36.260 --> 39:40.580]  they can go to the owner and say, do you want this guy not to come on your property again?
[39:41.380 --> 39:45.860]  And they say, yes. Well, you fill out a criminal trespass notice.
[39:48.020 --> 39:49.140]  Give him formal notice.
[39:49.860 --> 39:50.740]  Now, you've been noticed.
[39:53.300 --> 39:54.260]  But it's public property.
[39:54.260 --> 39:59.780]  I don't know if there's any legal lawful way for them to get to trespass somebody. However,
[40:00.740 --> 40:06.100]  I suspect they might be able to do it through the attorney general, somebody who can speak for the
[40:06.100 --> 40:14.340]  state in a representative manner that's not bringing a criminal case. That would have to
[40:14.340 --> 40:19.460]  be a district attorney, right? Or sometimes a criminal district attorney, but perhaps the
[40:19.460 --> 40:24.820]  attorney general would be able to speak for the state in that kind of a way. Certainly not a cop.
[40:27.140 --> 40:32.260]  So my issue is that they are trying to force an attorney on him.
[40:37.300 --> 40:42.900]  Public defender or a, you know, or mom and dad have to pay for one because they won't let me.
[40:42.900 --> 40:49.540]  That's not necessarily a bad thing, Melissa. It's not ideal, but yeah, just hold on.
[40:50.740 --> 40:53.780]  Going to our sponsors. When we come back, we'll show you how
[40:53.780 --> 40:56.900]  public defenders are low hanging food. We'll be right back.
[40:58.980 --> 41:04.260]  Do you have a business with five employees or more? How would you like to save hundreds of
[41:04.260 --> 41:09.780]  thousands of dollars in FICA taxes? Do you have a major medical plan that nobody can afford to be
[41:09.780 --> 41:16.500]  on? Or how would you like to save in premium costs on a current major medical plan by lowering the
[41:16.500 --> 41:24.180]  claims cost? The CHAMP plan is a section 125 IRS approved preventative health plan that provides
[41:24.180 --> 41:31.780]  your employees with doctors, medications, emergency care, and Teladoc all at zero cost with zero
[41:31.780 --> 41:38.900]  copay. If you are an employee, you also will get a pay raise by paying less in FICA taxes. As an
[41:38.900 --> 41:45.140]  employer, you will save hundreds of thousands of dollars and matching FICA taxes. The CHAMP
[41:45.140 --> 41:52.260]  plan can help add working capital, market resale value, or pay down lines of credit. Call Scott at
[41:52.260 --> 42:02.660]  214-730-2471 or dallasmms.com. Are you the plaintiff or defendant in a lawsuit?
[42:03.300 --> 42:08.820]  Win your case without an attorney with Juris Dictionary, the affordable, easy to understand
[42:08.820 --> 42:16.100]  four CD course that will show you how in 24 hours, step by step. If you have a lawyer,
[42:16.100 --> 42:20.820]  know what your lawyer should be doing. If you don't have a lawyer, know what you should do
[42:20.820 --> 42:28.020]  for yourself. Thousands have won with our step by step course and now you can too. Juris Dictionary
[42:28.020 --> 42:34.580]  was created by a licensed attorney with 22 years of case winning experience. Even if you're not in
[42:34.580 --> 42:40.100]  a lawsuit, you can learn what everyone should understand about the principles and practices
[42:40.100 --> 42:46.980]  that control our American courts. You'll receive our audio classroom, video seminar, tutorials,
[42:46.980 --> 42:54.660]  forms for civil cases, pro se tactics, and much more. Please visit ruleoflawradio.com and click
[42:54.660 --> 42:59.300]  on the banner or call toll free 866-LAW-EZ.
[43:24.660 --> 43:37.380]  Okay, we are back. This is the Rule of Law Radio, Randy Kelton. I'm Brett Fountain and we're speaking
[43:37.380 --> 43:48.740]  with Melissa in Georgia. Anybody else who needs to call in? Our call in number is 512-646-1984.
[43:48.740 --> 43:58.260]  Well, Melissa, so when we went out, we were talking about the low hanging fruit that is
[43:58.260 --> 44:06.900]  a public defender. Now, before I get right back to that, just keep in mind as you're hearing all of
[44:06.900 --> 44:15.380]  these things tonight, keep in mind in the context that there is no case. Just keep that in your mind.
[44:15.380 --> 44:24.340]  It's all bluff. It's all smoke and mirrors. It's bluff and bluster. Okay, so when Randy's talking
[44:24.340 --> 44:34.180]  to you about the public defender being low hanging fruit, the public defender
[44:37.700 --> 44:42.580]  may or may not know that there's no case, but as you show him, he doesn't have any way to
[44:43.540 --> 44:49.300]  prove up anything. He can't say, oh, actually there is a case and no, there's not. It's really,
[44:49.300 --> 44:56.660]  it's clean and clear in the law. So Randy, why don't you tell her about this low hanging fruit?
[44:56.660 --> 45:01.300]  How does that work with the public defender? That's part of this. We have another issue.
[45:02.260 --> 45:08.260]  Lawyers are, that lawyer, he's not going to do anything to annoy the judge.
[45:08.260 --> 45:15.700]  If he's a public defender, you could be pretty sure he is not the sharpest knife in the drawer,
[45:16.740 --> 45:20.820]  because if he was the sharpest knife in the drawer, he'd be out there making big bucks.
[45:21.940 --> 45:27.380]  He had graduated in the top 10% of his class and got picked up by a big time law firm. They'd be
[45:27.380 --> 45:33.140]  paid in big money and he'd be doing high level corporate stuff. But he got out of law school with
[45:33.140 --> 45:41.540]  $180,000 to $200,000 student loan, and he can't go out and advertise directly because that's
[45:41.540 --> 45:47.140]  baritory. They're intended to get their business by word of mouth, but he don't have any word of
[45:47.140 --> 45:55.380]  mouth. Or he's been a lawyer for a while and he hadn't done so well. Not a very good one.
[45:56.020 --> 46:00.100]  So he comes down here and gets on the attorney wheel and gets appointed counsel. That makes him
[46:00.100 --> 46:06.740]  enough money to pay his secretaries and his office fees. But he can't afford to do very much.
[46:07.460 --> 46:12.020]  He's not getting paid but a couple hundred bucks. He's not going to do anything to that judge.
[46:14.500 --> 46:19.380]  If he were to vigorously defend his client, it would just make the judge mad. It would make
[46:19.380 --> 46:24.500]  the prosecutor mad. He would be off of that attorney wheel and he wouldn't get any more clients.
[46:24.500 --> 46:29.940]  Or the judge would screw his next client to get back at him. And I had a lawyer tell me,
[46:29.940 --> 46:35.460]  I can't do that. If I do that, they'll screw my next client to get back at me,
[46:35.460 --> 46:40.500]  and that would be unethical. So that's their position. But we don't care.
[46:41.860 --> 46:48.580]  The bar grieves a snot out of them. And that will ruin their career. And when you bar grieve them,
[46:49.300 --> 46:52.900]  they're going to jump up and down, rail in righteous indignation, run to the judge and
[46:52.900 --> 46:58.340]  ask the judge to allow him to withdraw. And you go to the judge and tell the judge,
[46:58.340 --> 47:02.740]  don't you dare let him withdraw. He's my counsel of choice and he's under contract.
[47:03.780 --> 47:07.460]  He'll tell you, I'm not under contract with you. I'm under contract with the state.
[47:07.460 --> 47:13.140]  He'll say, yes, you are. I'm the intended third party beneficiary. I have standing under the
[47:13.140 --> 47:20.340]  contract. The judge lets you withdraw. I'll sue the judge for violating Article 6 of the Federal
[47:20.340 --> 47:25.940]  Constitution interfering with the private contract. So go ahead, judge. Let him withdraw. We'll kick
[47:25.940 --> 47:32.260]  your behind. The judge is going to tell him, counselor, you're going to have to handle this
[47:32.260 --> 47:40.980]  with your client. Now your lawyer has plausible deniability. Now he can go to the judge and say,
[47:40.980 --> 47:45.220]  judge, you've got to help me out here. These guys are going to ruin my career.
[47:46.660 --> 47:54.900]  I'll pay you back with the next client. Now that may not be right. That's how it works in the real
[47:54.900 --> 48:02.420]  world we live in. You have another problem. You're too deep in the merits.
[48:04.900 --> 48:10.180]  Yeah, keep going back to it. You're the mama bear. We get that.
[48:11.060 --> 48:15.940]  Messing with your cub. I get that. P.O., you want to beat him up. We get that.
[48:16.980 --> 48:20.020]  Yeah, but they won't let me represent him and he can't represent him.
[48:20.020 --> 48:22.740]  Stop, stop. You're being mama bear. Stop being mama bear.
[48:23.620 --> 48:29.700]  Okay. Do you want to tell me all the bad things? We got that. That's not how you're going to beat
[48:29.700 --> 48:36.820]  him. Let's take a step back. Okay. What are the elements of criminal trespassing?
[48:40.020 --> 48:43.460]  Brett, can you want to search on that and find me the elements of trespassing?
[48:43.460 --> 48:47.700]  That ought to be some homework assignment for her 17-year-old.
[48:48.660 --> 48:57.860]  Well, don't tell him. Okay. If you go into court, criminal is a subset of civil.
[48:59.460 --> 49:06.740]  Civil, in civil court, you have to come to the court and bring a claim to the court.
[49:06.740 --> 49:15.940]  Either the claim must be either a cause of action or a tort claim. If you're driving down a road and
[49:15.940 --> 49:23.620]  a state backhoe operator puts his bucket through your window, you don't have a contract with this
[49:23.620 --> 49:30.980]  guy. He's harmed you. That brings in tort. If you have a contract of any kind, it brings in cause
[49:30.980 --> 49:37.220]  of action. And there are causes of action for just about everything you could sue for. Criminal
[49:37.860 --> 49:46.500]  is where the state comes to the courts with a claim against a citizen. And the claims against
[49:46.500 --> 49:53.140]  the citizens are defined in the criminal statutes. They're just like civil causes of action.
[49:53.780 --> 50:04.020]  So this is the claim for criminal trespass. What are the necessary elements of criminal trespass?
[50:04.020 --> 50:12.100]  Do you know? See, that took too long. You've been real quick to respond to it. You weren't real quick
[50:12.100 --> 50:18.420]  that time. You need to know what they are before you can know whether or not they've issued a
[50:18.420 --> 50:24.420]  proper claim. Well, I'll tell you what, Melissa, there are three different criminal trespasses
[50:24.420 --> 50:29.300]  that I see in Georgia. I'm looking at what's called pattern jury instructions.
[50:29.780 --> 50:38.420]  Pattern jury instructions tell a jury what they need to find. If they're gonna find this person
[50:38.420 --> 50:42.660]  guilty of something, here are all the things that you need to find. And there are three
[50:42.660 --> 50:48.980]  different criminal trespass. So you're gonna need to know which one he's accused of doing.
[50:50.260 --> 50:55.220]  Or I say you need to know, really, maybe you can put this on him, make this be his homework
[50:55.700 --> 51:04.100]  assignment. But one of them is, it says criminal trespass damage interference.
[51:05.940 --> 51:13.540]  One of them says criminal trespass entering or remaining. And another says criminal trespass
[51:13.540 --> 51:20.100]  failure or refusal to leave. I'm gonna guess based on this thing about toilet paper, they're
[51:20.100 --> 51:29.780]  probably aiming for the very first one. It says he intentionally damages any property of another
[51:29.780 --> 51:35.380]  person without that person's consent. And the damage to it is $500 or less.
[51:37.380 --> 51:42.020]  Exactly. That's the intense part is where they cannot even prove.
[51:43.300 --> 51:44.660]  Well, they can't prove any of it.
[51:44.660 --> 51:51.700]  We're not at proof yet. We're a sufficiency of the claim.
[51:53.460 --> 52:00.260]  So take a look at where you saw it say, we caught him on video
[52:00.900 --> 52:06.980]  going in and coming out laughing. What else does it say? Do they plead all of the parts of this?
[52:06.980 --> 52:12.820]  Do they say that he damaged? Do they say that the damage amount was 500 or less? Do they say
[52:13.620 --> 52:18.020]  that he damaged a certain property and he did it without that person's consent?
[52:19.700 --> 52:23.700]  Was it intentional? They have to say all of these things before they're allowed to go and try and
[52:23.700 --> 52:33.220]  prove it. Yeah, something I didn't say about claims. Claims have a set of elements.
[52:33.460 --> 52:44.580]  You must allege and then prove up every claim. If you fail to allege or prove up a single element
[52:44.580 --> 52:50.020]  of a claim, the judge cannot rule in your favor. So the first thing you need to know
[52:50.980 --> 52:59.620]  is what are the elements of the claim of trespass and have they alleged these elements?
[52:59.780 --> 53:04.420]  I'll give you an example. If you're pulled over by a police officer
[53:06.580 --> 53:13.540]  and traffic cops, a highway patrolman pulls you over, what is the first question he should ask you?
[53:15.300 --> 53:23.540]  They never ask this question. The first question he should ask you is are you being paid to operate
[53:23.540 --> 53:32.180]  this vehicle? That's because the transportation code in most every state I've looked at is a
[53:32.180 --> 53:39.780]  commercial code. So the first element of the crime is that you are operating in commerce,
[53:39.780 --> 53:47.940]  which places you within the statutory scheme. So I get a ticket. I file a motion with the court
[53:48.100 --> 53:55.620]  asking the court to dismiss the case as the claim is insufficient as it fails
[53:55.620 --> 54:03.140]  to state a necessary element of the crime. The element being operated in commerce,
[54:03.140 --> 54:11.140]  which we under the transportation code. So in our trespass.
[54:11.780 --> 54:12.820]  Right.
[54:15.620 --> 54:18.900]  They, okay, this is their stating circumstantial.
[54:21.460 --> 54:24.340]  Did they state that amount of damage?
[54:29.140 --> 54:34.580]  What did they say they do? Did he burned up the toilet paper? Was the toilet paper still in there?
[54:35.540 --> 54:42.500]  I don't know. Well, they weren't specific. It just said $300, valued about $300. And I listed off
[54:42.500 --> 54:46.580]  like a couple of things like trash can and toilet, like a whole bunch of stuff that you can't do in
[54:46.580 --> 54:50.740]  two minutes, right? But I don't want to go into the merits of it. I don't want to go into that.
[54:50.740 --> 54:57.140]  Okay. Well, what I'm looking for are the elements. So they did state an amount of damage.
[54:58.100 --> 55:04.020]  And they do they, who, okay, who filed the criminal complaint?
[55:05.620 --> 55:11.780]  And who did, whose property did they say it was? They said it was a new commissioner property.
[55:12.820 --> 55:18.100]  It's who? Oh, belongs to a board of commissioners. That's sketchy.
[55:19.060 --> 55:25.780]  And who determined how much damage the damage was? How did they determine that? Hang on.
[55:25.780 --> 55:32.900]  Randy Kelton, Brett Fountain, Wheels of our Radio, our call in number 512-646-1984.
[55:32.900 --> 55:38.900]  We got a couple more calls. We've got one empty slot on the board. Hang on. We'll be right back.
[55:49.060 --> 55:52.260]  The Bible remains the most popular book in the world.
[55:52.820 --> 55:56.580]  Yet countless readers are frustrated because they struggle to understand it.
[55:57.220 --> 56:03.140]  Some new translations try to help by simplifying the text, but in the process can compromise the
[56:03.140 --> 56:09.860]  profound meaning of the scripture. Enter the recovery version. First, this new translation
[56:09.860 --> 56:16.500]  is extremely faithful and accurate, but the real story is the more than 9,000 explanatory footnotes.
[56:17.060 --> 56:21.220]  Difficult and profound passages are opened up in a marvelous way,
[56:21.220 --> 56:26.260]  providing an entrance into the riches of the word beyond which you've ever experienced before.
[56:26.820 --> 56:31.620]  Bibles for America would like to give you a free recovery version simply for the asking.
[56:32.180 --> 56:42.580]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[56:42.580 --> 56:48.900]  or by ordering online at freestudybible.com. That's freestudybible.com.
[56:51.860 --> 56:58.020]  You're listening to the Logos Radio Network at logosradionetwork.com.
[57:01.140 --> 57:04.820]  The Bill of Rights contains the first 10 amendments of our Constitution.
[57:04.820 --> 57:09.540]  They guarantee the specific freedoms Americans should know and protect. Our liberty depends on
[57:09.540 --> 57:14.020]  it. I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one
[57:14.020 --> 57:19.940]  of your constitutional rights. Privacy is under attack. When you give up data about yourself,
[57:19.940 --> 57:25.060]  you'll never get it back again. And once your privacy is gone, you'll find your freedoms will
[57:25.060 --> 57:30.900]  start to vanish too. So protect your rights, say no to surveillance and keep your information to
[57:30.900 --> 57:36.420]  yourself. Privacy, it's worth hanging on to. This public service announcement is brought to you by
[57:36.420 --> 57:43.780]  Startpage.com, the private search engine alternative to Google, Yahoo and Bing. Start over with Startpage.
[57:45.220 --> 57:50.100]  Imagine your mom and dad are getting ready for bed. They pull back the covers and find a third
[57:50.100 --> 57:55.060]  party there. He announces, I'm with the military and I'm sleeping here tonight. That shocking image
[57:55.060 --> 57:59.860]  of a third party in my parents' bed reminds me what the third amendment was designed to prevent.
[57:59.860 --> 58:04.580]  It protects us from being forced to share our homes with soldiers, a common demand in the days
[58:04.580 --> 58:09.540]  of our founding fathers. Third party, third amendment, get it? So if you answer a knock
[58:09.540 --> 58:14.100]  at your door and guys in fatigues demand lodging, tell them to dust off their copy of the bill of
[58:14.100 --> 58:18.980]  rights and reread the third amendment. I'm Dr. Catherine Albrecht. More news and information
[58:18.980 --> 58:33.700]  at CatherineAlbrecht.com. The bill of rights contains the first 10 amendments of our
[58:33.700 --> 58:38.180]  constitution. They guarantee the specific freedoms Americans should know and protect.
[58:38.180 --> 58:42.180]  Our liberty depends on it. I'm Dr. Catherine Albrecht and I'll be right back with an
[58:42.180 --> 58:48.020]  unforgettable way to remember one of your constitutional rights. Privacy is under attack.
[58:48.020 --> 58:53.460]  When you give up data about yourself, you'll never get it back again. And once your privacy is gone,
[58:53.460 --> 58:59.380]  you'll find your freedoms will start to vanish too. So protect your rights, say no to surveillance
[58:59.380 --> 59:05.140]  and keep your information to yourself. Privacy, it's worth hanging onto. This public service
[59:05.140 --> 59:10.420]  announcement is brought to you by startpage.com, the private search engine alternative to Google,
[59:10.420 --> 59:18.260]  Yahoo and Bing. Start over with startpage. Imagine four eyes staring at you through binoculars,
[59:18.260 --> 59:23.380]  a magnifying glass or a pair of x-ray goggles. That imagery reminds me that the fourth amendment
[59:23.380 --> 59:28.580]  guarantees Americans freedom from unreasonable search and seizure. Fourth amendment, four eyes
[59:28.580 --> 59:32.820]  staring at you. Get it? Unfortunately, the government is trampling our fourth amendment
[59:32.820 --> 59:38.980]  rights in the name of security. Case in point, TSA airport scanners that peer under your clothing.
[59:38.980 --> 59:42.900]  When government employees demand a peep at your privates without probable cause,
[59:42.900 --> 59:47.940]  I say it's time to sound the constitutional alarm bells. Join me in asking our representatives to
[59:47.940 --> 59:52.260]  dust off the bill of rights and use their googly eyes to take a gander at the fourth.
[59:52.260 --> 59:57.140]  I'm Dr. Catherine Ulbrecht. More news and information at Catherine Ulbrecht.com.
[01:00:23.060 --> 01:00:28.340]  Chant, love, rule this land. Chant for our words to speak.
[01:00:30.100 --> 01:00:37.140]  Chant down by it. Chant, love, rule this land. Chant, love, rule this land. Chant, love, rule this land.
[01:00:37.140 --> 01:00:44.580]  Chant, love, rule this land. Chant, love, rule this land. Chant, love, rule this land.
[01:00:44.580 --> 01:00:51.140]  One of them, when we chant, when we say, say, all man was created equally.
[01:00:51.140 --> 01:00:58.020]  Chant down Babylon and do it daily. And when night come, pray for everybody.
[01:00:58.020 --> 01:01:05.140]  Say, one by one, we have to chant them, man. We chant down Babylon because Babylon is wrong.
[01:01:05.140 --> 01:01:12.180]  The only right man, we say, is the rest, man. We take, we say, Lord, man, devout young man.
[01:01:12.180 --> 01:01:19.220]  To chant down Babylon now, not later. To let Babylon know, say, we getting greater.
[01:01:19.220 --> 01:01:25.780]  We cry the donkey, we say, tune the lullaby. Say, Jesus Christ shall rescue me.
[01:01:31.060 --> 01:01:34.820]  Okay, we are back. Randy Kelton, Bret Fountain, Wheel of Law Radio.
[01:01:36.020 --> 01:01:41.300]  And we're talking to Melissa in Georgia. And it sounds like they have all the elements
[01:01:41.300 --> 01:01:47.860]  of the crime alleged in the complaint. Now there's a lot of stuff you can challenge.
[01:01:47.860 --> 01:01:55.620]  So instead of going to the merits, let's go to assistance of counsel. And Brett,
[01:01:55.620 --> 01:01:58.900]  you want to talk about assistance of counsel.
[01:02:00.420 --> 01:02:05.460]  Yeah, you are mentioning, Melissa, that they wouldn't let you represent him.
[01:02:06.180 --> 01:02:14.340]  And representation is a touchy concept that they seem to want to reserve when I say they.
[01:02:15.060 --> 01:02:22.820]  The whole judicial system wants to reserve that only for bar card holders. That's not what the
[01:02:22.820 --> 01:02:30.340]  law says, but that's how they treat it. However, we've recently been having some good success
[01:02:31.300 --> 01:02:40.900]  in the state of Washington with assistance of counsel. That's a phrase that you find in all
[01:02:40.900 --> 01:02:47.620]  the constitutions. Everybody has a right to it. And some states are a little more,
[01:02:49.460 --> 01:02:56.020]  they say it very clearly, like everybody has a criminal accused has a right to be heard by himself
[01:02:56.820 --> 01:03:03.860]  or by counsel or both. And some are not as clear, but the assistance of counsel is
[01:03:04.820 --> 01:03:10.020]  a fundamental inherent right that everybody has, including your son.
[01:03:11.780 --> 01:03:18.500]  And if you are going to be his assistance of counsel, that's not the same thing as you being
[01:03:18.500 --> 01:03:25.540]  his lawyer. And it's not the same thing as you representing him. So he's always got that.
[01:03:26.660 --> 01:03:34.740]  Um, as for all the elements, we kind of went through those quickly. I'm not sure if they're
[01:03:34.740 --> 01:03:42.580]  all there. We heard they are asserting that the property belongs to the board of commissioners.
[01:03:44.180 --> 01:03:46.660]  I think that would be something that you could
[01:03:46.660 --> 01:03:56.260]  uh, say, look, that's impossible. You're alleging something that's not possible.
[01:03:57.060 --> 01:04:02.180]  Also, did they say in there that he did some damage intentionally?
[01:04:03.620 --> 01:04:04.180]  Yes, they did.
[01:04:06.180 --> 01:04:09.060]  They did? And let's see, what was the other one?
[01:04:09.700 --> 01:04:16.740]  Belonging to, belonging to another person without that person's consent. Do they put that in there?
[01:04:19.220 --> 01:04:24.500]  Um, that I'll look into. I've got it right here. Take me a minute to read it.
[01:04:28.500 --> 01:04:30.900]  Yeah, without consent of the other person.
[01:04:32.180 --> 01:04:35.060]  Okay. So it looks like they are aiming for that particular
[01:04:35.620 --> 01:04:39.620]  uh, criminal trespass of the three that I was looking at.
[01:04:41.460 --> 01:04:47.620]  And let's see, it damages property without any damage. Yeah. So it looks like they do have all
[01:04:47.620 --> 01:04:57.220]  of those covered, even though the ownership by the board of commissioners is a, that doesn't seem
[01:04:57.220 --> 01:05:04.020]  like it's even possible. It's public property. How can it be owned by a board?
[01:05:05.060 --> 01:05:10.820]  They list them as the victim. And then the complaint person was the manager of the maintenance
[01:05:10.820 --> 01:05:19.140]  crew or something. And if you don't mind, I'll just speak at about assistance of council
[01:05:19.780 --> 01:05:22.180]  when you're ready. Yeah.
[01:05:23.380 --> 01:05:27.300]  I have a question. Okay. So I agree with you that it is a fundamental right.
[01:05:27.860 --> 01:05:33.060]  Um, one thing that I've thought about doing because in Georgia it says that superior court
[01:05:33.860 --> 01:05:37.620]  can correct things by other courts that are below it, like the state court.
[01:05:38.260 --> 01:05:46.020]  So I thought about going and putting in a injunction, a TRO and a mandamus for them to
[01:05:46.020 --> 01:05:50.500]  correct the state courts on the jurisdiction here because he's not getting equal protection of the
[01:05:50.500 --> 01:05:59.220]  law. Um, him being 17, he can't even, um, do, you know, he can't even, he can't do all the things
[01:05:59.220 --> 01:06:04.500]  that we can do as, you know, 18 and over. Um, yeah, he can't even contract with a lawyer.
[01:06:05.060 --> 01:06:10.980]  He can't even go hire somebody. He can't even serve as a juror. So he can even have a jury
[01:06:10.980 --> 01:06:18.900]  of his own peers. He can't, um, he can't, well, no, wait a second. Him being able to serve as a
[01:06:18.900 --> 01:06:26.100]  juror is irrelevant. Well, I know, but he, but he wouldn't be able to have a jury of his own peers.
[01:06:26.100 --> 01:06:32.020]  Wait a minute. She made it. She made a good point there. He can't have a jury of his peers.
[01:06:33.460 --> 01:06:40.500]  Oh, saying by age. Yeah, there could be a bunch of jurors that are 17. Yeah, exactly.
[01:06:42.660 --> 01:06:48.260]  Okay. So you go to the high school and get your bunch of 17 year olds and see what they say about
[01:06:49.060 --> 01:06:50.340]  messing up the toilet paper.
[01:06:54.340 --> 01:07:00.900]  Did they say he just, he knocked over a garbage can and messed up the toilet paper?
[01:07:01.620 --> 01:07:07.700]  It sounds like a child's prank. And how did they get to 300 and something dollars?
[01:07:08.580 --> 01:07:14.340]  And there was other kids in there, but they haven't been identified. So they're pinning
[01:07:14.340 --> 01:07:19.220]  everything on mine because he was identified by his SRO at school.
[01:07:20.420 --> 01:07:24.100]  Did they admit that there were other children in there?
[01:07:25.300 --> 01:07:27.540]  Yes. And put in there, they were unidentified.
[01:07:29.620 --> 01:07:35.700]  So that's a big problem. I should get a motion to dismiss this. There is no,
[01:07:36.340 --> 01:07:39.460]  no credible evidence that he damaged anything.
[01:07:40.900 --> 01:07:43.780]  Right. Okay. That'll get you to a defense.
[01:07:43.780 --> 01:07:46.580]  Before we get there, let's beat up the lawyer.
[01:07:48.820 --> 01:07:54.260]  Bar grievance. Have you bar grieved him yet? Have you bar grieved ever anybody?
[01:07:55.380 --> 01:07:57.060]  Or is this a new concept to you?
[01:07:58.980 --> 01:08:01.540]  No, it's not a new concept. I've been hearing you guys do that.
[01:08:03.300 --> 01:08:05.780]  Okay. Well, have you done one yourself?
[01:08:07.060 --> 01:08:10.740]  No, but I've looked it up and looked into it before and never had any.
[01:08:10.740 --> 01:08:16.420]  Yeah. So you're going to be looking at Georgia rules of professional conduct.
[01:08:17.940 --> 01:08:25.140]  Go pull that up in one tab and go get yourself at another tab, get yourself the filing a complaint
[01:08:25.140 --> 01:08:31.300]  process. Georgia, the state bar of Georgia describes the process of how you take the
[01:08:31.300 --> 01:08:37.300]  grievance to the office of general counsel in Georgia. They call that the OGC office of
[01:08:37.300 --> 01:08:42.660]  general counsel. That's who receives your grievance. And you're going to find something
[01:08:42.660 --> 01:08:48.660]  in the rules of professional conduct that you want to ding this prosecuting attorney for.
[01:08:49.780 --> 01:08:53.060]  And as you read through there, it'll stand out to you because you know the
[01:08:53.700 --> 01:08:57.300]  situation and the fact set. It'll just stand right out to you.
[01:08:59.300 --> 01:08:59.700]  Oh yeah.
[01:08:59.700 --> 01:09:06.820]  And you pick that rule and you copy and paste that rule into the body of your complaint.
[01:09:08.100 --> 01:09:15.700]  Copy and paste it and just change the words of it. Like if it's some kind of subjunctive thing
[01:09:15.700 --> 01:09:24.580]  saying that somebody would do this if they, if whatever. So then you just change the language
[01:09:24.580 --> 01:09:33.140]  of it slightly so that you make it into past tense. And you say this attorney, so-and-so name
[01:09:33.140 --> 01:09:42.020]  did and that same exact language. So if you have to change a verb here and there to past tense,
[01:09:42.980 --> 01:09:48.820]  you know, and then now you've made a statement that that person violated the rule.
[01:09:49.620 --> 01:09:56.260]  Okay. I am in the process at this moment of building a questionnaire from the American Bar
[01:09:56.260 --> 01:10:03.940]  Association standards. And we always suggest read the standards. They're not very big. They're
[01:10:03.940 --> 01:10:11.060]  not that many of them. And they'll read like a comic book. You'll be laughing and giggling
[01:10:11.060 --> 01:10:18.660]  at all of the things you can bar grieve a lawyer for. And let me see, I'm going back. Okay.
[01:10:19.860 --> 01:10:25.220]  Did the lawyer fail to demonstrate the knowledge, skill, thoroughness and preparation
[01:10:25.220 --> 01:10:29.860]  reasonably necessary for the adequate representation of your case?
[01:10:31.700 --> 01:10:37.220]  Did the lawyer abide by your decisions concerning the objectives of representation as required by
[01:10:37.220 --> 01:10:45.860]  rule 1.4? Did the lawyer consult with you as to the means by which she or he pursued representation?
[01:10:46.740 --> 01:10:50.260]  Did the lawyer take all actions on your behalf, which was
[01:10:50.340 --> 01:10:57.220]  impliedly authorized to carry out the representation? Did the lawyer abide by
[01:10:57.220 --> 01:11:02.660]  your decisions concerning matters pertinent to your case? Did the lawyer limit his or her
[01:11:02.660 --> 01:11:09.060]  representation of you in a way that was not discussed and agreed to at the time you hired
[01:11:09.060 --> 01:11:15.700]  him or her? Before you hired a lawyer, did she limit the scope of the representation?
[01:11:15.700 --> 01:11:22.420]  I've got to fix that one. I'm not sure what that means. Okay. Did the lawyer act with reasonable
[01:11:22.420 --> 01:11:28.100]  promptness in representing you? There's a whole bunch of these. There are so many things you can
[01:11:28.100 --> 01:11:37.620]  hammer that lawyer for. And see, what I've done is taken the canon or the standard that says the
[01:11:37.620 --> 01:11:43.780]  lawyer shall, and I turned it into a question. Did the lawyer, and you would take it and
[01:11:44.740 --> 01:11:51.060]  turn it into the lawyer failed too. And you use the verbiage of the standard.
[01:11:51.700 --> 01:11:59.300]  To read the whole thing, there's not that many. And here's what I suggest. You read, look in the
[01:11:59.300 --> 01:12:07.060]  American Bar Association standards, but you look for American Bar Association standards for the
[01:12:07.060 --> 01:12:20.340]  prosecution function. I have had so much fun with that. I had a lawyer, they were prosecuting me
[01:12:20.340 --> 01:12:26.660]  because a sheriff's deputy tried to kill me. And we get to the end of the trial and the judge said,
[01:12:26.660 --> 01:12:30.500]  Mr. Cutler, do you have any further witness? Yes, your honor, I do. I called Stephen Wren.
[01:12:30.660 --> 01:12:37.460]  And he's the prosecutor. He jumped up. Objection. He can't call me. I'm the prosecutor.
[01:12:37.460 --> 01:12:41.940]  And the judge grinned at him and said, oh, yes, as a matter of fact, he can.
[01:12:42.980 --> 01:12:46.980]  The judge is just screwing with him. Put him on the stand. I said, Mr. Wren,
[01:12:46.980 --> 01:12:52.180]  do you consider yourself an ethical attorney? Yes, Mr. Coulson, I do. I said, Mr. Wren,
[01:12:52.180 --> 01:12:56.500]  were you aware that there was another witness to this occurrence? Yes, Mr. Coulson, I was.
[01:12:56.500 --> 01:13:02.340]  Did you talk to that witness? No, Mr. Coulson, I did not. Well, why didn't you? Mr. Coulson,
[01:13:02.340 --> 01:13:08.900]  I did not trust you. Oh, so you still consider yourself an ethical attorney? Yes, I do.
[01:13:09.700 --> 01:13:14.500]  Well, are you familiar with American Bar Association standards for the prosecution function?
[01:13:14.500 --> 01:13:21.780]  Yes, Mr. Coulson, I am. Are you familiar with standard 3-3.11? No, Mr. Coulson, I'm not
[01:13:21.780 --> 01:13:28.420]  familiar with every single standard, but let me familiarize you with it then. It says it is
[01:13:28.420 --> 01:13:34.820]  unethical conduct for a prosecutor to fail from pursuing evidence simply because the evidence
[01:13:34.820 --> 01:13:41.300]  may show the innocence of the accused or mitigate the guilt of the accused. Now, do you still
[01:13:41.300 --> 01:13:47.060]  consider yourself an ethical attorney that his old bald head turned as red as an apple?
[01:13:47.060 --> 01:13:55.540]  Well, have us so much fun. Point is, you've got lots of tools to use against this guy.
[01:13:59.940 --> 01:14:04.980]  Are you looking to have a closer relationship with God and a better understanding of his word?
[01:14:04.980 --> 01:14:10.180]  Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for
[01:14:10.180 --> 01:14:14.820]  Scripture Talk, where Nana and her guests discuss the scriptures in accord with Second
[01:14:14.820 --> 01:14:21.140]  Timothy 2-15. Study to show thyself approved unto God, a workman that needeth not to be ashamed,
[01:14:21.140 --> 01:14:26.340]  rightly dividing the word of truth. Starting in January, our first hour studies are in the
[01:14:26.340 --> 01:14:31.540]  Book of Mark, where we'll go verse by verse and discuss the true gospel message. Our second
[01:14:31.540 --> 01:14:36.420]  hour topical studies will vary each week with discussions on sound doctrine and Christian
[01:14:36.420 --> 01:14:41.540]  character development. We wish to reflect God's light and be a blessing to all those with a
[01:14:41.540 --> 01:14:47.140]  hearing ear. Our goal is to strengthen our faith and to transform ourselves more into the likeness
[01:14:47.140 --> 01:14:52.900]  of our Lord and Savior Jesus. So tune in to Scripture Talk live on LogosRadioNetwork.com
[01:14:52.900 --> 01:14:58.100]  Wednesdays from 8 to 10 p.m. to inspire and motivate your studies of the scriptures.
[01:14:59.700 --> 01:15:02.820]  Are you being harassed by debt collectors with phone calls,
[01:15:02.820 --> 01:15:08.820]  letters, or even lawsuits? Stop debt collectors now with the Michael Mears proven method. Michael
[01:15:08.820 --> 01:15:14.260]  Mears has won six cases in federal court against debt collectors and now you can win too. You'll
[01:15:14.260 --> 01:15:19.540]  get step-by-step instructions in plain English on how to win in court using federal civil rights
[01:15:19.540 --> 01:15:25.060]  statutes, what to do when contacted by phone, mail, or court summons, how to answer letters
[01:15:25.060 --> 01:15:29.700]  and phone calls, how to get debt collectors out of your credit report, how to turn the financial
[01:15:29.700 --> 01:15:36.180]  tables on them and make them pay you to go away. The Michael Mears proven method is the solution
[01:15:36.180 --> 01:15:40.900]  for how to stop debt collectors. Personal consultation is available as well. For more
[01:15:40.900 --> 01:15:46.820]  information please visit RuleOfLawRadio.com and click on the blue Michael Mears banner or email
[01:15:46.820 --> 01:15:56.740]  MichaelMears at yahoo.com. That's RuleOfLawRadio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[01:15:56.740 --> 01:16:09.940]  to learn how to stop debt collectors now. This is the Logos Radio Network.
[01:16:16.820 --> 01:16:19.940]  Mm-hmm
[01:16:19.940 --> 01:16:20.980]  Don't bore me
[01:16:26.580 --> 01:16:26.980]  Well
[01:16:30.580 --> 01:16:34.580]  Ain't gonna fool me with that same old trick again
[01:16:35.460 --> 01:16:39.780]  I was blindsided but now I can see your plan
[01:16:40.580 --> 01:16:45.700]  You put the fear in my pocket, took the money from my hand
[01:16:45.700 --> 01:16:50.260]  Ain't gonna fool me with that same old trick again
[01:16:50.260 --> 01:16:59.460]  Okay, we are back. Randy Kelton from Rule of Law Radio on this Thursday the 19th day of September
[01:16:59.460 --> 01:17:06.900]  2024 and we're talking to Melissa in Georgia and Melissa, the reason I went to the American Bar
[01:17:06.900 --> 01:17:14.980]  Association standards is first you don't want to bar grieve your lord, bar grieve the prosecutor
[01:17:16.580 --> 01:17:18.580]  Prosecutor will poop his pants
[01:17:20.500 --> 01:17:26.820]  because one bar grievance your first year of practice they cancel he has an insurance policy
[01:17:27.780 --> 01:17:32.900]  there are nine underwriters for errors and omissions for lawyers they're all underwritten
[01:17:32.900 --> 01:17:37.220]  by Lloyds of London they all have the same standards one bar grievance your first year
[01:17:37.220 --> 01:17:43.620]  of practice they cancel valid invalid they don't care two bar grievances any one year
[01:17:43.620 --> 01:17:49.700]  of practice they cancel you've been practicing 20 years to cancel three they cancel your law
[01:17:49.700 --> 01:17:56.740]  firm's malpractice insurance so if your son files a bar grievance against the prosecutor
[01:17:57.860 --> 01:18:02.420]  we don't care if it's valid or not who cares you're gonna throw them all in the trash
[01:18:03.540 --> 01:18:08.020]  then you're he's supposed to keep that secret but he's gonna tell your lawyer
[01:18:09.140 --> 01:18:15.460]  now your lawyer because he's low-hanging fruit he's terrified if he gets a bar grievance at least
[01:18:15.460 --> 01:18:21.700]  they'll double his malpractice insurance if not cancel so he's gonna be terrified and he's gonna
[01:18:21.700 --> 01:18:28.020]  run to the judge the judge you're gonna help me out make this guy a deal get rid of him he's gonna
[01:18:28.020 --> 01:18:34.420]  ruin my career i'll pay you back on the next guy now that may be a dirty trick
[01:18:35.940 --> 01:18:42.180]  but i like dirty tricks well i mean they trick us exactly
[01:18:42.900 --> 01:18:50.180]  turdabouts fair play take their tools take their law and cram it down their throats
[01:18:50.820 --> 01:18:58.340]  now and a file professional conduct complaints against the officers that'll make them nuts
[01:18:59.700 --> 01:19:05.540]  it's their weakness judge doesn't do any does anything you don't like file a professional
[01:19:05.540 --> 01:19:11.940]  conduct complaint against him i know what you're thinking oh if i do that i'll po the judge against
[01:19:11.940 --> 01:19:20.020]  me give me a break you gotta know that judge is gonna rule against you out of hand at every turn
[01:19:20.020 --> 01:19:26.740]  without regard to the right of things of the rule of law they just don't care okay maybe you
[01:19:26.740 --> 01:19:36.820]  get a judge that does care good luck with that one in ten thousand so if you if he does care
[01:19:36.820 --> 01:19:44.100]  he's still going to rule like he should if he doesn't now you got it now he's going to
[01:19:44.100 --> 01:19:50.340]  be careful because he don't want you to do that again this is the power you have
[01:19:51.300 --> 01:19:56.420]  okay i'll shut up now no no no i've learned all this stuff from you and so you know you're
[01:19:56.420 --> 01:20:02.580]  reminding me of all of it and i i do appreciate it um and it is something that you know i fully
[01:20:02.580 --> 01:20:10.260]  commit to uh taking into consideration and doing um but i did want to have a question for you um
[01:20:10.900 --> 01:20:18.900]  if my kid signs something and files it on his own then he is admitting that he they do have
[01:20:18.900 --> 01:20:24.020]  jurisdiction over him because there you go he just signed a contract right no no no let's not
[01:20:26.180 --> 01:20:32.420]  don't worry about that you can't okay okay i got i'll tell you what i i'm going to go to trial and
[01:20:32.420 --> 01:20:40.740]  i want you to be my lawyer my be the judge okay can i make you the judge can i give you
[01:20:41.380 --> 01:20:42.900]  jurisdiction to be my judge
[01:20:45.700 --> 01:20:56.260]  no right if you do not have jurisdiction there is not anything i can do to give you jurisdiction
[01:20:57.220 --> 01:21:04.020]  okay all this patris crap out there i think the feds put that out there to send people
[01:21:04.020 --> 01:21:10.580]  otherwise right-minded people down a bull crap rabbit hole to make them ineffective
[01:21:11.860 --> 01:21:16.020]  you cannot give them jurisdiction if they don't have it period
[01:21:17.700 --> 01:21:23.140]  what do you think about that's my story i'm sticking to it go ahead what what do you think
[01:21:23.140 --> 01:21:28.180]  about the idea that i had to do the injunction the t.r.o. and the mandamus just get the state
[01:21:28.180 --> 01:21:35.140]  court to you no no no way too soon for mandamus okay they got to do something first you got to
[01:21:35.140 --> 01:21:42.020]  file a motion uh just make up whatever you want to do make it up give it to your son have him file it
[01:21:43.780 --> 01:21:47.700]  okay you don't ever want to get before the court first thing you file is an objection to oral
[01:21:47.700 --> 01:21:53.060]  argument well i would say the first thing is you you file a challenge to subject matter
[01:21:53.060 --> 01:22:01.860]  jurisdiction because if that's not first then they'll say i stand corrected okay the thing
[01:22:01.860 --> 01:22:06.820]  that must together as long as the thing that must be for jurisdiction can be filed at any time
[01:22:07.460 --> 01:22:16.500]  but a motion relative to that is in personum jurisdiction if you you say okay the judge has
[01:22:16.500 --> 01:22:24.020]  jurisdiction to sit on the bench the prosecutor has jurisdiction to prosecute but you don't have
[01:22:24.020 --> 01:22:31.780]  jurisdiction to come to me because i'm a minor and you're trying to try me in an adult court
[01:22:31.780 --> 01:22:38.580]  you don't have in personum jurisdiction over the person that must be filed either first
[01:22:39.300 --> 01:22:46.820]  or with all of the first filings yeah and then what should be filed second or with the first filings
[01:22:46.820 --> 01:22:49.060]  is an objection to improper venue
[01:22:51.140 --> 01:22:56.660]  oh okay the adult court is an improper venue
[01:22:59.060 --> 01:23:03.940]  okay and that leaves them without subject matter jurisdiction
[01:23:04.260 --> 01:23:07.460]  that leaves them without in personum jurisdiction
[01:23:10.900 --> 01:23:14.900]  okay you do you want to avoid demerits if you possibly can
[01:23:16.500 --> 01:23:22.740]  this is good do some homework call us back tomorrow night because i'd like to spend some more time on
[01:23:22.740 --> 01:23:29.540]  this but we got a full board of callers and three segments well you got i'd like to
[01:23:30.020 --> 01:23:34.500]  i'd like to i'd like to talk about this more tomorrow night can you call in tomorrow night
[01:23:35.300 --> 01:23:39.060]  i sure will and thank you all so much for giving me so much time tonight i really appreciate it
[01:23:39.860 --> 01:23:52.420]  okay thank you now we're going to maynard in maynard are you in texas new mexico florida
[01:23:53.860 --> 01:23:54.980]  where the heck you at maynard
[01:23:59.860 --> 01:24:02.980]  i think i put maynard to sleep
[01:24:05.300 --> 01:24:08.340]  let's see is he still there yeah i guess we lost maynard
[01:24:09.220 --> 01:24:17.780]  well he's old maynard is so old he's older than me what yeah he is are those kind of people
[01:24:18.420 --> 01:24:26.660]  yeah yeah i met him in dumas new mexico we did a seminar out there years ago and he had built this
[01:24:27.220 --> 01:24:29.860]  incredible he lives in a hangar he did at the time
[01:24:30.980 --> 01:24:34.820]  and built this incredible airplane i really wanted to get my hands on
[01:24:36.900 --> 01:24:43.460]  okay he called in earlier and i think he saw we put him to sleep okay now we're going to ted in
[01:24:43.460 --> 01:24:53.780]  california hello ted good evening gentlemen where the heck have you been i've been just
[01:24:53.780 --> 01:25:05.700]  monitoring you guys i have a guy in jail in oh where is he he's right near the california oregon
[01:25:05.700 --> 01:25:18.340]  border north something lake county lake port california
[01:25:18.340 --> 01:25:18.900]  yeah
[01:25:22.180 --> 01:25:26.340]  and he needs somebody to tell him how california law really works
[01:25:26.980 --> 01:25:34.500]  and get him away from patriot miss mythology bs he's pushed the patriot mythology stuff
[01:25:35.060 --> 01:25:41.140]  until they had a competency hearing and declared him incompetent
[01:25:43.220 --> 01:25:48.260]  he's being held on a oregon warrant and i told him well since they declared you incompetent
[01:25:48.260 --> 01:25:53.540]  get your daughter file a motion in oregon to get the case dropped against him in oregon because
[01:25:53.540 --> 01:25:59.860]  he's being held on a governor's warrant because he's incompetent to stand trial california said so
[01:26:02.100 --> 01:26:06.500]  and get that dropped and then they have to release him because there's no charges against him
[01:26:08.820 --> 01:26:14.180]  i'm going to give him your number no don't give oh no he's really annoying
[01:26:14.180 --> 01:26:20.900]  he's annoying but he doesn't call collect so he could he could call you two or three times a day
[01:26:23.060 --> 01:26:23.940]  oh my goodness
[01:26:27.780 --> 01:26:33.060]  you should have heard eddie craig when i gave him somebody's number you give this guy my numbers
[01:26:33.060 --> 01:26:38.500]  yeah i did he's a man he's a pain in the neck he never stopped talking i said i know that's why
[01:26:38.500 --> 01:26:46.420]  i gave him your number i had so much fun at eddie's expense hang on ted i was just using
[01:26:46.420 --> 01:26:52.420]  up the last few seconds of the hour uh we'll pick you up on the other side we'll be right back
[01:27:01.860 --> 01:27:07.940]  reality tv sugar obesity jet lag the list of things that makes us dumber just keeps
[01:27:07.940 --> 01:27:13.620]  on growing but now researchers say we can add stress to the list i'm dr katherine albrecht back
[01:27:13.620 --> 01:27:20.100]  with details in a moment privacy is under attack when you give up data about yourself you'll never
[01:27:20.100 --> 01:27:25.620]  get it back again and once your privacy is gone you'll find your freedoms will start to vanish too
[01:27:26.260 --> 01:27:32.500]  so protect your rights say no to surveillance and keep your information to yourself privacy
[01:27:32.500 --> 01:27:38.420]  it's worth hanging on to this message is brought to you by startpage.com the private search engine
[01:27:38.420 --> 01:27:46.260]  alternative to google yahoo and bing start over with startpage are you always on the go and
[01:27:46.260 --> 01:27:52.020]  juggling multiple projects if so you might think that multitasking proves you're smart but think
[01:27:52.020 --> 01:27:58.020]  again all that stress might be eating your brain a new study finds stress reduces the number of
[01:27:58.020 --> 01:28:02.740]  connections between neurons which actually makes it harder for people to manage problems
[01:28:03.300 --> 01:28:07.780]  researchers at yale university found that stressed out people have less gray matter
[01:28:07.780 --> 01:28:13.140]  in their prefrontal cortex that's the part of the brain that helps us weigh conflicting ideas and
[01:28:13.140 --> 01:28:19.460]  regulate our emotions so take a deep breath and chill out it'll help keep your mind as sharp as
[01:28:19.460 --> 01:28:25.220]  attack i'm dr katherine albrecht for startpage.com the world's most private search engine
[01:28:28.740 --> 01:28:34.180]  this is building seven a 47 story skyscraper that fell on the afternoon of september 11 the
[01:28:34.180 --> 01:28:39.940]  government says that fire brought it down however 1500 architects and engineers concluded it was a
[01:28:39.940 --> 01:28:44.500]  controlled demolition over 6 000 of my fellow service members have given their lives thousands
[01:28:44.500 --> 01:28:49.300]  of my fellow first responders are dying i'm not a conspiracy theorist i'm a structural engineer i'm
[01:28:49.300 --> 01:28:53.060]  a new york city correction officer i'm an air force pilot i'm a father who lost his son we're
[01:28:53.060 --> 01:29:00.180]  americans and we deserve the truth go to remember building seven dot org today
[01:29:01.940 --> 01:29:06.100]  rule of law radio is proud to offer the rule of law traffic seminar in today's america we
[01:29:06.100 --> 01:29:09.940]  live in an us against them society and if we the people are ever going to have a free society then
[01:29:09.940 --> 01:29:14.260]  we're going to have to stand and defend our own rights among those rights are the right to travel
[01:29:14.260 --> 01:29:18.020]  freely from place to place the right to act in our own private capacity and most importantly the
[01:29:18.020 --> 01:29:22.740]  right to due process of law traffic courts afford us the least expensive opportunity to learn how
[01:29:22.740 --> 01:29:27.140]  to enforce and preserve our rights through due process former sheriff's deputy eddie craig in
[01:29:27.140 --> 01:29:30.660]  conjunction with rule of law radio has put together the most comprehensive teaching tool
[01:29:30.660 --> 01:29:34.740]  available that will help you understand what due process is and how to hold courts to the rule of
[01:29:34.740 --> 01:29:39.380]  law you can get your own copy of this invaluable material by going to rule of law radio.com and
[01:29:39.380 --> 01:29:43.060]  ordering your copy today by ordering now you'll receive a copy of eddie's book the texas
[01:29:43.060 --> 01:29:47.620]  transportation code the law versus the lie video and audio of the original 2009 seminar
[01:29:47.620 --> 01:29:51.540]  hundreds of research documents and other useful resource material learn how to fight for your
[01:29:51.540 --> 01:29:55.460]  rights with the help of this material from rule of law radio.com order your copy today
[01:29:55.460 --> 01:29:58.500]  and together we can have free society we all want and deserve
[01:30:01.780 --> 01:30:06.820]  you are listening to the logos radio network logosradionetwork.com
[01:30:21.540 --> 01:30:24.020]  to be when the morning to be when the evening
[01:30:24.020 --> 01:30:28.340]  put a chip in your body and anyway you go computer ready
[01:30:28.340 --> 01:30:31.060]  you can't hide me say from nobody when we say
[01:30:31.060 --> 01:30:35.940]  chip in your mom chip in your daddy chip in your grandpa and the granny
[01:30:35.940 --> 01:30:40.740]  chip in and me chip in your baby chip in your family whole family
[01:30:40.740 --> 01:30:44.980]  chip in your dog and they kept around we chip in the beef and you still go eat
[01:30:45.540 --> 01:30:50.340]  chip in the fish them all in the sea chip in the shark and the wheel around me
[01:30:50.340 --> 01:30:54.660]  you know still mankind gone chip crazy they're the kind of thing man they want to read
[01:30:55.140 --> 01:30:59.700]  social security them go tell me number with them give me them rip it up you see
[01:30:59.700 --> 01:31:04.500]  i'm chip you in the morning chip you in the evening chip you all the dinner time
[01:31:04.500 --> 01:31:10.660]  experiment on mankind but man you know say them lie well we don't wanna chip man
[01:31:10.660 --> 01:31:15.540]  you have your body freedom or something man you fight for we you should tell them
[01:31:15.780 --> 01:31:21.540]  we read the constitution set us free don't let them put no chip in your body
[01:31:21.540 --> 01:31:26.180]  put no chip in you dog or cat you see no put no chip in your cow and go eat it
[01:31:26.180 --> 01:31:31.140]  no put no chip in the fish and go eat it all in the wheel and the shark in the sea
[01:31:31.140 --> 01:31:35.700]  put the little chip in the little baby want to put the chip in a grandpa you see
[01:31:35.700 --> 01:31:40.740]  want to put the little chip in a iman body if me go hide in the atlantic sea
[01:31:40.740 --> 01:31:45.540]  man did have to like me say gonna find me satellite get mad satellite get angry
[01:31:45.540 --> 01:31:50.580]  to chip them use me say crash up you see me say chip in the morning chip in the evening chip
[01:31:50.580 --> 01:31:56.580]  in your body man don't let them come come chip we put no chip in the little baby
[01:31:57.220 --> 01:32:01.380]  me say chip in the morning chip in the evening they want to come and not chip me
[01:32:02.020 --> 01:32:07.460]  but they want to chip all in the sea and the shark and the wheel around me what me say chip
[01:32:07.460 --> 01:32:13.380]  for your mom chip for your daddy chip for the dumb little okay howdy howdy randy kelton
[01:32:13.380 --> 01:32:20.740]  brett fountain rudelaw radio and we're talking to chicken ted in california
[01:32:24.260 --> 01:32:28.500]  yeah do you mean you don't want me to publish your telephone number online
[01:32:28.500 --> 01:32:37.540]  uh no thank you anyway if you're in california call this number
[01:32:40.180 --> 01:32:45.860]  i'm not there if any california public officials did you wrong in any way
[01:32:49.780 --> 01:32:56.500]  well that would narrow it down okay thank you thank you guys went there um you probably haven't
[01:32:57.380 --> 01:33:04.020]  you're not up on the absolute latest news of the day and i know we're not quickly cover this
[01:33:05.140 --> 01:33:10.900]  because i do want to only use one segment and hopefully get one or one or two of the other
[01:33:10.900 --> 01:33:21.540]  callers in tonight um a death a sheriff shot a judge dead in his chambers today in eastern
[01:33:21.540 --> 01:33:28.660]  kentucky whoa i heard i talked about pastor massard i think i know no uh
[01:33:30.500 --> 01:33:34.980]  tom keiley on his show talked about somebody being a judge somebody shooting a judge he didn't
[01:33:34.980 --> 01:33:41.220]  say it was a sheriff what was the deal on that don't that's all the news there is on it right
[01:33:41.220 --> 01:33:45.460]  now but apparently there was a sheriff out there that felt compelled to do his duty
[01:33:45.460 --> 01:33:54.580]  i'm sorry i don't mean to make a joke out of it very serious obviously very sad thing very sad
[01:33:54.580 --> 01:34:04.340]  that well who knows i hope i hope it was uh something that you know like sleeping with his
[01:34:04.340 --> 01:34:09.380]  wife or i'm in other words something substantial i hope it wasn't because he didn't like the way
[01:34:09.380 --> 01:34:18.420]  chewed gum well maybe the judge pulled a gun on him well i don't it doesn't seem that way they
[01:34:18.420 --> 01:34:27.140]  were there was an argument anyway the county sheriff sean steins 43 fatally shot mullins
[01:34:27.140 --> 01:34:33.060]  after an argument inside the courthouse the kentucky state police said in a statement steins is
[01:34:33.060 --> 01:34:39.540]  in custody and has been charged with one count of first degree murder investigations ongoing
[01:34:43.540 --> 01:34:46.260]  whoa he peed pee pee peed the sheriff
[01:34:50.020 --> 01:34:55.700]  yeah and it's a smaller town so they probably knew each other for a while anyway it's going
[01:34:55.700 --> 01:35:01.140]  to be interesting to see what the story is over the few you know what the motive in the future but
[01:35:01.780 --> 01:35:07.940]  tomorrow morning at 10 a.m i'm going to have my first appearance by video
[01:35:09.140 --> 01:35:12.500]  and the first appearance i've ever made in the federal court
[01:35:14.340 --> 01:35:22.340]  and this is my case against santa clara county and this is a status conference
[01:35:23.300 --> 01:35:34.340]  after the judge gave me a three month reprieve my intent is to update the judge and
[01:35:34.980 --> 01:35:43.540]  tell him i'm going to need an additional three months the original the original reason is i'm
[01:35:43.540 --> 01:35:48.980]  taking care of my mom and it's not just i'm taking care of my mom it's getting all the services and
[01:35:48.980 --> 01:35:57.780]  stuff in in place that my mom needs and this medical stuff has become a bigger bureaucracy
[01:35:57.780 --> 01:36:04.980]  than it ever was before and the reality is now doctors apparently are quitting left and right
[01:36:05.780 --> 01:36:11.700]  i can't get my mom an appointment to see a neurologist it's well finally got it but it's
[01:36:11.700 --> 01:36:19.140]  going to be six months before her appointment and so i don't want to get too much it's just
[01:36:19.140 --> 01:36:27.620]  that the whole medical system is imploding at least no medical system in california is imploding
[01:36:28.340 --> 01:36:38.180]  well this is oregon oh and and i'm oregon who just recriminalized fentanyl
[01:36:38.900 --> 01:36:46.660]  it's the organs organs got to be worse because it because it wasn't such a good idea after all
[01:36:48.660 --> 01:36:55.860]  about dropping like flies everywhere elon musk is showing videos of people
[01:36:56.660 --> 01:37:00.420]  he this is the richest about the second richest guy on the planet
[01:37:01.700 --> 01:37:04.820]  and this is what he has to go through to go to work in the morning
[01:37:04.820 --> 01:37:11.060]  like people standing with their pants down around their ankles bent over double
[01:37:12.340 --> 01:37:15.620]  the odd thing about this drug is people are bent over everywhere
[01:37:17.060 --> 01:37:20.740]  it bows them over it's an odd thing it does and they're everywhere
[01:37:21.860 --> 01:37:24.900]  and he's moving everything out of california because of this
[01:37:26.820 --> 01:37:34.100]  anybody that's under the influence at that level that's the typical position that they
[01:37:34.900 --> 01:37:41.860]  get into they don't fall it's the weirdest thing they don't fall down they they literally stand
[01:37:41.860 --> 01:37:48.340]  there bent over at the waist with their head almost touching the ground and i don't know how
[01:37:48.340 --> 01:37:53.780]  the hell it is that they're able to maintain their balance and they're all over you can be in oakland
[01:37:53.780 --> 01:38:00.260]  california san francisco or downtown portland oregon it's the same everywhere you go
[01:38:01.220 --> 01:38:08.980]  that's so weird guys i want to get to this i got the i did not submit a
[01:38:11.220 --> 01:38:17.460]  conference statement i actually have it almost ready but i'm not going to be able to get it
[01:38:17.460 --> 01:38:23.860]  filed before the hearing hearings at 10 o'clock in the morning via video conference but the
[01:38:24.500 --> 01:38:30.020]  okay suggestion when you do the video conference make sure your mom's in the background
[01:38:30.260 --> 01:38:36.900]  yeah hopefully she'll disrupt the meeting
[01:38:39.940 --> 01:38:45.140]  and just be sorry all over the place well i'm yeah i'm surprised he's not
[01:38:46.580 --> 01:38:53.540]  right now saying something but i wanted to say randy that i'm reading what this clown has written
[01:38:54.340 --> 01:39:01.460]  and this lawyer for the county and by the way he's the he's the same lawyer that represented
[01:39:01.860 --> 01:39:10.980]  the deputy d.a. and my public defender at the same time when i was doing my public defender
[01:39:11.780 --> 01:39:20.660]  and i was i was doing my public defender in a state court and i was doing the deputy prosecutor
[01:39:21.220 --> 01:39:27.380]  in federal court and he this lawyer for the county was representing both of them
[01:39:28.580 --> 01:39:34.660]  while my criminal case was going on that's the same lawyer i plan on naming him in this
[01:39:34.660 --> 01:39:42.820]  current lawsuit as a defendant if when i can get to that point but what he writes here at the end
[01:39:42.820 --> 01:39:50.900]  and he writes a one-page statement basically most of it what has happened and of course
[01:39:50.900 --> 01:40:00.580]  he's got in there that you know plainest of the spacious litigants and he he goes on and you know
[01:40:00.580 --> 01:40:07.060]  at the very end he's saying that he wants his motions heard and he was saying that his motions
[01:40:07.140 --> 01:40:14.820]  and he's stating that the motions are like still there when in fact the judge took everything off
[01:40:14.820 --> 01:40:21.540]  calendar so it would have to be recalendered but what he wants right now is the judge
[01:40:22.660 --> 01:40:28.340]  in this hearing tomorrow to take his two motions under submission
[01:40:28.340 --> 01:40:33.620]  and see he's so he i expect that they
[01:40:36.100 --> 01:40:39.940]  okay okay hold on we're about to go to our sponsors but when we come back
[01:40:40.660 --> 01:40:48.740]  let's start out by telling us what does under submission mean i think i know what it means
[01:40:48.740 --> 01:40:54.580]  but i'm not sure hang on randy kelton brett fountain rules our radio we'll be right back
[01:40:58.980 --> 01:41:04.340]  do you have a business with five employees or more how would you like to save hundreds of
[01:41:04.340 --> 01:41:09.860]  thousands of dollars in fika taxes do you have a major medical plan that nobody can afford to be
[01:41:09.860 --> 01:41:16.500]  on or how would you like to save in premium costs on a current major medical plan by lowering the
[01:41:16.500 --> 01:41:24.180]  claims cost the champ plan is a section 125 irs approved preventative health plan that provides
[01:41:24.180 --> 01:41:32.420]  your employees with doctors medications emergency care and teladoc all at zero cost with zero co-pay
[01:41:32.420 --> 01:41:39.780]  if you are an employee you also will get a pay raise by paying less than fika taxes as an employer
[01:41:39.780 --> 01:41:45.940]  you will save hundreds of thousands of dollars and matching fika taxes the champ plan can help
[01:41:45.940 --> 01:41:53.540]  add working capital market resale value or pay down lines of credit call scott at two one four
[01:41:53.540 --> 01:42:02.100]  seven three zero two four seven one or dallas mms.com are you the plaintiff or defendant in a
[01:42:02.100 --> 01:42:08.740]  lawsuit win your case without an attorney with jurisdictionary the affordable easy to understand
[01:42:08.820 --> 01:42:16.580]  four cd course that will show you how in 24 hours step by step if you have a lawyer know what your
[01:42:16.580 --> 01:42:22.660]  lawyer should be doing if you don't have a lawyer know what you should do for yourself thousands
[01:42:22.660 --> 01:42:29.460]  have won with our step by step course and now you can too jurisdictionary was created by a licensed
[01:42:29.460 --> 01:42:36.340]  attorney with 22 years of case winning experience even if you're not in a lawsuit you can learn what
[01:42:36.340 --> 01:42:42.420]  everyone should understand about the principles and practices that control our american courts
[01:42:42.420 --> 01:42:50.100]  you'll receive our audio classroom video seminar tutorials forms for civil cases pro se tactics
[01:42:50.100 --> 01:42:58.340]  and much more please visit rule of law radio.com and click on the banner or call toll free 866
[01:42:58.340 --> 01:43:00.340]  LAW EASY
[01:43:29.140 --> 01:43:30.340]  LAW EASY
[01:43:30.660 --> 01:43:38.340]  SOMEBODY'S ON A POLICE, A POLICE MAN, SOMEBODY'S ON A POLICE, A POLICE
[01:43:39.140 --> 01:43:43.220]  there's always a room at the top of the hill
[01:43:45.940 --> 01:43:46.340]  lonely
[01:43:55.780 --> 01:44:03.300]  okay, we are back randy kahlton front grill of law radio we're talking toXXX in california and uh
[01:44:03.300 --> 01:44:06.300]  I was so busy on the break.
[01:44:06.300 --> 01:44:08.820]  What was it I wanted you to define?
[01:44:08.820 --> 01:44:18.560]  You wanted me to define what I believe under submission is, and I'll tell you what I believe
[01:44:18.560 --> 01:44:27.120]  that he wants basically, he's trying to get around me being able to answer the two motions
[01:44:27.120 --> 01:44:32.200]  that he filed that he wants taken under submission.
[01:44:32.200 --> 01:44:42.200]  And the reason is, well, I guess here's the thing I want to segue or lean back to for
[01:44:42.200 --> 01:44:43.200]  a second.
[01:44:43.200 --> 01:44:45.200]  Okay, wait, hang on just a second.
[01:44:45.200 --> 01:44:50.400]  In federal court, under submission refers to a situation where a judge takes a case
[01:44:50.400 --> 01:44:56.200]  or a matter under advisement, meaning they are considering the arguments, evidence, and
[01:44:56.200 --> 01:45:01.440]  legal issues presented and will render a decision at a later time.
[01:45:01.440 --> 01:45:08.040]  So his motion is not set for hearing, but he's asking the judge to read his motion
[01:45:08.040 --> 01:45:15.440]  so it will pre-prejudice him against what you have before the court now.
[01:45:15.440 --> 01:45:24.960]  Right, and the only part that I didn't already articulate is the fact that it's just another
[01:45:24.960 --> 01:45:27.260]  dirty trick that he's trying to pull.
[01:45:27.260 --> 01:45:30.460]  And that's what I want you to get out of these last few sentences.
[01:45:30.460 --> 01:45:39.660]  He basically only wrote a one-page statement and the statement of the case or what we're
[01:45:39.660 --> 01:45:44.060]  calling this, this status conference statement.
[01:45:44.060 --> 01:45:51.260]  He wrote one page and this right here at the end is the part that really pisses me off
[01:45:51.260 --> 01:45:58.460]  is that there's good cause to defer the initial CMC, which is the case management conference.
[01:45:58.460 --> 01:46:04.640]  The initial CMC, okay, because defendant's pending motion to dismiss is dispositive
[01:46:04.640 --> 01:46:13.200]  of plaintiff's wide-ranging and frivolous complaint, the abuse of harassing and meritless
[01:46:13.200 --> 01:46:18.760]  nature of which he's just picking on my poor client.
[01:46:18.760 --> 01:46:23.760]  You ought to turn that back on.
[01:46:23.780 --> 01:46:30.160]  Okay, you got this judge sitting here and they read this stuff all the time, same stuff
[01:46:30.160 --> 01:46:31.860]  over and over.
[01:46:31.860 --> 01:46:38.140]  I once filed a motion where when I was writing the motion I said, I think it was shyster
[01:46:38.140 --> 01:46:41.400]  this and shyster that.
[01:46:41.400 --> 01:46:48.600]  And I filed it and the judge was reading it and he kind of chuckled every time he'd come
[01:46:48.600 --> 01:46:49.600]  to one of those.
[01:46:49.820 --> 01:46:57.280]  When he got done he said, Mr. Kelton, I realize you thought that was humorous, but we're not
[01:46:57.280 --> 01:46:59.000]  going to do that again, are we?
[01:46:59.000 --> 01:47:00.360]  Oh, judge, I'm sorry.
[01:47:00.360 --> 01:47:09.700]  I meant to do a find and replace, but I forgot and he said, sure you did, but you could tell.
[01:47:09.700 --> 01:47:14.560]  It brightened up his day.
[01:47:14.560 --> 01:47:23.440]  Turn that back on the prosecutor and use it to ridicule the prosecutor and give the
[01:47:23.440 --> 01:47:26.440]  judge a chuckle.
[01:47:28.440 --> 01:47:39.740]  Well, I'm going to have to, like a lot of times for anybody listening, you have to think
[01:47:39.740 --> 01:47:41.280]  on your feet.
[01:47:41.280 --> 01:47:43.120]  I don't know how this is going to go tomorrow.
[01:47:43.680 --> 01:47:49.440]  It's going to be the first time that I ever am before this judge in this court, in federal
[01:47:49.440 --> 01:47:50.440]  court.
[01:47:50.440 --> 01:47:53.460]  So I'll have to play it by ear, think on my feet.
[01:47:53.460 --> 01:47:56.240]  My position is going to be I need another 90 days.
[01:47:56.240 --> 01:48:00.880]  I'm three-quarters of the way of stabilizing my mom's situation.
[01:48:00.880 --> 01:48:04.160]  And it's, you know, it's a-
[01:48:04.160 --> 01:48:12.320]  Well, how will the delay be detrimental to the opposing party?
[01:48:12.360 --> 01:48:15.320]  And that's what I was about to say.
[01:48:15.320 --> 01:48:18.800]  It's not going to be, but of course, they're going to, he's going to turn around and say,
[01:48:18.800 --> 01:48:24.120]  my clients, they can't eat at night, you know, they're so, because look what he wrote, frivolous,
[01:48:24.120 --> 01:48:28.720]  abusive, harassing, meritless nature of this complaint, you know.
[01:48:28.720 --> 01:48:35.040]  Okay, do you think the judge knows what the term hyperbole means?
[01:48:35.040 --> 01:48:38.240]  Oh, yeah.
[01:48:38.240 --> 01:48:40.720]  Remind him of what the term hyperbole means.
[01:48:40.720 --> 01:48:46.200]  What a subtle way of slipping the word hyperbole in there, because you got to know the judges
[01:48:46.200 --> 01:48:47.920]  thinking that.
[01:48:47.920 --> 01:48:57.680]  Well, you know, you could view this tomorrow, but don't forget, I already have a nine-page
[01:48:57.680 --> 01:49:04.800]  opinion from Judge Lucy Coe that said I had, it appeared that I had about four causes of
[01:49:04.800 --> 01:49:09.600]  action, but she wouldn't intervene or interfere with the lower court.
[01:49:09.600 --> 01:49:15.640]  And for me to come back when that was all done, including all appeals.
[01:49:15.640 --> 01:49:21.480]  Send me a link to the hearing, and I will put it on the Telegram channel and see if
[01:49:21.480 --> 01:49:28.880]  we can get, load up that Zoom hearing with interested people.
[01:49:28.880 --> 01:49:31.400]  All right, I'll do that.
[01:49:31.400 --> 01:49:35.560]  And there's about eight minutes left, so if you guys want to try to catch somebody else,
[01:49:35.560 --> 01:49:38.560]  I can get off right now.
[01:49:39.520 --> 01:49:40.520]  Thank you.
[01:49:40.520 --> 01:49:42.120]  Thank you, Ted.
[01:49:42.120 --> 01:49:46.160]  Okay, now we're going to Mike in Tennessee.
[01:49:46.160 --> 01:49:49.200]  Hello, Mike, what do you have for us today?
[01:49:49.200 --> 01:49:52.960]  Hey, how y'all boys doing there?
[01:49:52.960 --> 01:49:54.760]  Well, I'm doing pretty good.
[01:49:54.760 --> 01:49:57.680]  How are you doing down there in Hillbilly, Chattanooga?
[01:49:57.680 --> 01:50:01.680]  Well, we're doing okay out here.
[01:50:01.680 --> 01:50:02.680]  Hey, I just-
[01:50:02.680 --> 01:50:06.480]  I've been down there, and ain't nothing but Hillbillies down there.
[01:50:07.400 --> 01:50:11.960]  Good fishing and good hunting.
[01:50:11.960 --> 01:50:12.960]  That too.
[01:50:12.960 --> 01:50:19.080]  And they are definitely Hills in Chattanooga, ran in and around Chattanooga.
[01:50:19.080 --> 01:50:25.680]  I went down there one time and was on Mike Toulouse's show.
[01:50:25.680 --> 01:50:26.680]  David Toulouse.
[01:50:26.680 --> 01:50:28.960]  David Toulouse, I'm sorry.
[01:50:28.960 --> 01:50:29.960]  I'm thinking of Mike.
[01:50:29.960 --> 01:50:32.960]  Who do I know named Mike?
[01:50:32.960 --> 01:50:33.960]  Okay.
[01:50:33.960 --> 01:50:34.960]  This is Mike.
[01:50:34.960 --> 01:50:35.960]  Oh, this is Mike.
[01:50:36.440 --> 01:50:37.440]  Okay.
[01:50:40.440 --> 01:50:43.440]  Okay, what do you have for us today?
[01:50:43.440 --> 01:50:51.520]  Well, you had a previous call there, calling about her son and might want to give her some
[01:50:51.520 --> 01:50:52.520]  advice.
[01:50:52.520 --> 01:51:00.560]  Tell her son, do not plea and don't file a motion because when you file a motion, you're
[01:51:00.560 --> 01:51:03.320]  going to give the court subject matter jurisdiction because-
[01:51:03.320 --> 01:51:04.320]  No, you're not.
[01:51:04.680 --> 01:51:10.360]  No, this is patriot mythology.
[01:51:10.360 --> 01:51:17.560]  You cannot give a court jurisdiction that doesn't have it, period.
[01:51:17.560 --> 01:51:25.480]  You can fail to challenge it, but the thing about subject matter jurisdiction can be challenged
[01:51:25.480 --> 01:51:32.840]  no matter how remote in history because if a judge does not have subject matter jurisdiction,
[01:51:32.880 --> 01:51:35.160]  he can never get it.
[01:51:35.160 --> 01:51:37.040]  You cannot give it to him.
[01:51:37.040 --> 01:51:41.840]  There's not anything you can do that will give a judge jurisdiction who doesn't have
[01:51:41.840 --> 01:51:42.840]  it.
[01:51:42.840 --> 01:51:43.840]  Now that's-
[01:51:43.840 --> 01:51:47.600]  He could file a hundred motions and still didn't give him jurisdiction.
[01:51:47.600 --> 01:51:49.640]  That's subject matter.
[01:51:49.640 --> 01:51:57.480]  In personum jurisdiction, you can give it, but the way to handle that is first thing
[01:51:57.480 --> 01:52:03.960]  you filed with the court or included with the first motions you filed with the court
[01:52:03.960 --> 01:52:07.200]  is a challenge to in personum jurisdiction.
[01:52:07.200 --> 01:52:14.920]  You can give the judge in personum jurisdiction by not filing a motion to dismiss for lack
[01:52:14.920 --> 01:52:16.640]  of subject matter jurisdiction.
[01:52:16.640 --> 01:52:21.160]  That's the only way you can give the court jurisdiction.
[01:52:21.160 --> 01:52:23.320]  That's my story and I'm sticking to it.
[01:52:23.320 --> 01:52:26.840]  Do you understand the difference, Mike, between those two?
[01:52:26.840 --> 01:52:32.920]  The subject matter jurisdiction is based on the subject matter that's described in
[01:52:32.920 --> 01:52:37.360]  some paperwork that's properly presented to the court.
[01:52:37.360 --> 01:52:40.040]  And a lot of times, they didn't present any paperwork.
[01:52:40.040 --> 01:52:41.960]  Nobody presented any controversy to the court.
[01:52:41.960 --> 01:52:45.720]  They're just going to tell you, oh, we're holding an arraignment and you're being charged
[01:52:45.720 --> 01:52:48.600]  with blah, blah, blah, but there's no paperwork.
[01:52:48.600 --> 01:52:49.600]  Nobody filed anything.
[01:52:49.600 --> 01:52:50.600]  Yeah.
[01:52:50.600 --> 01:52:55.480]  Or they have a traffic ticket or something, but they don't have any actual charges.
[01:52:55.880 --> 01:53:04.240]  Or they wrote me a ticket and said that I was driving a automobile and I violated a
[01:53:04.240 --> 01:53:05.240]  traffic law.
[01:53:05.240 --> 01:53:09.600]  Blah, blah, blah, but they didn't actually commence a case.
[01:53:09.600 --> 01:53:18.360]  But you did not include a necessary element of the crime, which would be that I was driving
[01:53:18.360 --> 01:53:23.800]  a automobile for pay.
[01:53:23.800 --> 01:53:24.800]  Even if they did.
[01:53:25.120 --> 01:53:30.760]  Even if they had a perfectly valid complaint, the complaint by itself thrown in there by
[01:53:30.760 --> 01:53:35.160]  a cop is not enough to start a court case.
[01:53:35.160 --> 01:53:42.600]  So subject matter jurisdiction is dependent on the subject matter that is described in
[01:53:42.600 --> 01:53:43.600]  a proper filing.
[01:53:43.600 --> 01:53:48.680]  And if there is no proper filing, there can be no subject matter jurisdiction.
[01:53:48.680 --> 01:53:53.320]  If he filed a ticket, a ticket is not a complaint.
[01:53:53.320 --> 01:53:59.800]  If he filed a complaint, even the complaint doesn't give the court subject matter jurisdiction
[01:53:59.800 --> 01:54:05.480]  until it's been presented to a magistrate and has been a determination probable cause.
[01:54:05.480 --> 01:54:08.480]  So they never got jurisdiction.
[01:54:08.480 --> 01:54:15.680]  Telling the lady that her son do not plead, we don't plead, because when you plead-
[01:54:15.840 --> 01:54:25.000]  Okay, technically you're right about that, because the court has not established jurisdiction.
[01:54:25.000 --> 01:54:33.080]  Now, your pleading doesn't give the court jurisdiction, but you don't need to plea yet.
[01:54:33.080 --> 01:54:38.600]  They will want to take your plea as an admission of jurisdiction, but it doesn't matter, you
[01:54:38.600 --> 01:54:45.160]  can't admit jurisdiction, unless it's personal.
[01:54:45.840 --> 01:54:51.000]  Randy was talking about personal jurisdiction a moment ago, and the example for that would
[01:54:51.000 --> 01:54:58.200]  be if there is some proper paperwork that got presented to the court, but it just never
[01:54:58.200 --> 01:55:06.640]  got presented to the accused, the accused, now, there's no personal jurisdiction over
[01:55:06.640 --> 01:55:12.120]  the accused until there's proper service of that proper paperwork.
[01:55:12.120 --> 01:55:20.400]  In this case, you've got a minor being tried in an adult court, so the court does not have
[01:55:20.400 --> 01:55:24.920]  in personum jurisdiction over the minor.
[01:55:24.920 --> 01:55:41.240]  If you don't challenge that, they can take you to court, but you don't want to refuse
[01:55:41.360 --> 01:55:42.360]  to plea.
[01:55:42.360 --> 01:55:49.600]  You want to tell them that your plea is an exception to the lack of jurisdiction.
[01:55:49.600 --> 01:55:55.680]  Bibles for America is offering absolutely free a unique study Bible called the New Testament
[01:55:55.680 --> 01:55:56.880]  Recovery Version.
[01:55:56.880 --> 01:56:01.840]  The New Testament Recovery Version has over 9,000 footnotes that explain what the Bible
[01:56:01.840 --> 01:56:07.520]  says verse by verse, helping you to know God and to know the meaning of life.
[01:56:07.520 --> 01:56:10.800]  Order your free copy today from Bibles for America.
[01:56:10.800 --> 01:56:19.800]  Call us toll free at 888-551-0102 or visit us online at bfa.org.
[01:56:19.800 --> 01:56:25.320]  This translation is highly accurate and it comes with over 13,000 cross references, plus
[01:56:25.320 --> 01:56:29.320]  charts and maps and an outline for every book of the Bible.
[01:56:29.320 --> 01:56:31.880]  This is truly a Bible you can understand.
[01:56:31.880 --> 01:56:40.240]  To get your free copy of the New Testament Recovery Version, call us toll free at 888-551-0102.
[01:56:40.240 --> 01:56:47.240]  That's 888-551-0102 or visit us online at bfa.org.
[01:57:10.240 --> 01:57:13.960]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember
[01:57:13.960 --> 01:57:16.080]  your First Amendment rights.
[01:57:16.080 --> 01:57:17.660]  Privacy is under attack.
[01:57:17.660 --> 01:57:21.280]  When you give up data about yourself, you'll never get it back again.
[01:57:21.280 --> 01:57:26.040]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:57:26.040 --> 01:57:31.120]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:57:31.120 --> 01:57:33.800]  Privacy, it's worth hanging on to.
[01:57:33.800 --> 01:57:38.080]  This public service announcement is brought to you by Startpage.com, the private search
[01:57:38.080 --> 01:57:41.600]  engine alternative to Google, Yahoo and Bing.
[01:57:41.600 --> 01:57:43.800]  Start over with Startpage.
[01:57:43.800 --> 01:57:46.880]  Spar, it's what fighters do.
[01:57:46.880 --> 01:57:49.880]  It's also how I remember the five guarantees of the First Amendment.
[01:57:49.880 --> 01:57:53.560]  If you plan to take away my rights, I'm going to spar with you.
[01:57:53.560 --> 01:58:00.520]  S-P-A-R with an extra P. S for speech, P for press, another P for petition, A for assembly
[01:58:00.520 --> 01:58:02.160]  and R for religion.
[01:58:02.160 --> 01:58:06.080]  Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:58:06.080 --> 01:58:07.600]  assembly and religion.
[01:58:07.600 --> 01:58:09.960]  But petition for redress is another matter.
[01:58:09.960 --> 01:58:13.680]  We have the right to petition the government for a redress of grievances.
[01:58:13.680 --> 01:58:17.200]  It means that if we're unhappy with what's going on in our government, we can spell out
[01:58:17.200 --> 01:58:19.920]  the reasons without fear of being thrown into jail.
[01:58:19.920 --> 01:58:21.840]  I'm Dr. Catherine Albrecht.
[01:58:21.840 --> 01:58:30.280]  More news and information at CatherineAlbrecht.com.
[01:58:30.280 --> 01:58:33.960]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:58:33.960 --> 01:58:37.400]  They guarantee the specific freedoms Americans should know and protect.
[01:58:37.400 --> 01:58:38.840]  Our liberty depends on it.
[01:58:38.840 --> 01:58:42.760]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:58:42.760 --> 01:58:45.900]  one of your constitutional rights.
[01:58:45.900 --> 01:58:47.480]  Privacy is under attack.
[01:58:47.480 --> 01:58:51.080]  When you give up data about yourself, you'll never get it back again.
[01:58:51.080 --> 01:58:55.880]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:58:55.880 --> 01:59:00.960]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:59:00.960 --> 01:59:03.640]  Privacy, it's worth hanging on to.
[01:59:03.640 --> 01:59:07.940]  This public service announcement is brought to you by StartPage.com, the private search
[01:59:07.940 --> 01:59:11.480]  engine alternative to Google, Yahoo, and Bin.
[01:59:11.480 --> 01:59:15.040]  Start over with StartPage.
[01:59:15.040 --> 01:59:19.400]  When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill
[01:59:19.400 --> 01:59:21.480]  of Rights in a big old bear hug.
[01:59:21.480 --> 01:59:25.960]  It's how I remember that the Second Amendment guarantees us the right to bear arms, arms
[01:59:25.960 --> 01:59:29.840]  that embrace our freedoms and won't let anyone take them away without a fight.
[01:59:29.840 --> 01:59:30.840]  Get it?
[01:59:30.840 --> 01:59:33.120]  Two arms, bear hug, bear arms?
[01:59:33.120 --> 01:59:36.880]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[01:59:36.880 --> 01:59:42.040]  when he said, the right of the citizens to bear arms is just one guarantee against arbitrary
[01:59:42.040 --> 01:59:46.560]  government, one more safeguard against the tyranny, which now appears remote in America,
[01:59:46.560 --> 01:59:49.720]  but which historically has proved to always be possible.
[01:59:49.720 --> 01:59:51.640]  I'm Dr. Catherine Albrecht.
[01:59:51.640 --> 01:59:54.000]  More news and information at CatherineAlbrecht.com.