ROL_2025-01-23_16k.timecode
Detecting language using up to the first 30 seconds. Use `--language` to specify the language
Detected language: English
[00:00.000 --> 00:13.000] Bad boys, what you want, what you want, what you gonna do
[00:13.000 --> 00:18.000] When Sheriff John Brown come for you
[00:18.000 --> 00:25.000] Tell me, what you wanna do, what you gonna do
[00:25.000 --> 00:38.000] Bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[00:38.000 --> 00:43.000] When you were eight and you had bad traits You go to school and learn the golden rule
[00:43.000 --> 00:49.000] So why are you acting like a bloody fool If you get fucked then you must get cooed
[00:49.000 --> 01:00.000] Bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[01:00.000 --> 01:03.000] You chuck it on that one, you chuck it on this one
[01:03.000 --> 01:07.000] You chuck it on your mother and you chuck it on your father
[01:07.000 --> 01:19.000] Okay, howdy, howdy, Randy Kelton, Brett Fountain, and LulaVlo Radio on this Thursday, the 21st day of November 2024
[01:19.000 --> 01:23.000] And I got all of that without Brett telling me any of that
[01:23.000 --> 01:26.000] Well, I didn't tell you the year anyway
[01:26.000 --> 01:30.000] You always tell me the wrong year anyways, doesn't matter
[01:30.000 --> 01:32.000] Anyway
[01:32.000 --> 01:34.000] Well, there's that
[01:34.000 --> 01:36.000] There is that
[01:36.000 --> 01:42.000] Before the show we were talking about something I'm working on
[01:42.000 --> 01:48.000] I had a sort of epiphany, of an epiphany
[01:48.000 --> 01:54.000] I have a guy in Arizona who had these Patriot plates
[01:54.000 --> 02:00.000] And he's sitting in a, he's at an AA meeting in a church parking lot
[02:00.000 --> 02:02.000] He's got his car parked in a church parking lot
[02:02.000 --> 02:06.000] And the cops see that he's sitting there with the Patriot plates on it
[02:06.000 --> 02:13.000] So they wait until he pulled out onto the street and pulled him over
[02:13.000 --> 02:21.000] For not displaying a commercial license plate
[02:21.000 --> 02:34.000] I have all kinds of case law that says that the public thoroughfares belong to the public
[02:34.000 --> 02:39.000] And that they can be used for commerce
[02:39.000 --> 02:45.000] But in order to do that, you have to sign a contract with the state
[02:46.000 --> 02:49.000] Yeah, a business would have to get permission to use
[02:49.000 --> 02:53.000] Business doesn't have the rights that men and women have a rights-based usage
[02:53.000 --> 02:57.000] So business obviously has to go through the permission route
[02:57.000 --> 02:59.000] They're saying this is a privilege
[02:59.000 --> 03:03.000] Well, commercial use of the highways is the privilege
[03:03.000 --> 03:05.000] Yes, exactly
[03:05.000 --> 03:10.000] So this guy pulls out and the officer has no reason to believe
[03:10.000 --> 03:16.000] That this person has entered into a contract with the state
[03:16.000 --> 03:24.000] Neither does he have a reason to believe that the person is operating under a commercial contract
[03:24.000 --> 03:32.000] Did you say that they accused him of not displaying a commercial?
[03:32.000 --> 03:34.000] They used the word commercial?
[03:34.000 --> 03:38.000] No, they accused him of not displaying a license plate
[03:38.000 --> 03:41.000] Okay, but we know what the category is
[03:41.000 --> 03:44.000] That is by definition a commercial
[03:44.000 --> 03:46.000] Whether or not they recognize
[03:46.000 --> 03:50.000] What they recognize? They don't recognize anything that doesn't suit their fancy
[03:50.000 --> 03:56.000] What I'm looking for is what is the right argument to bring
[03:56.000 --> 04:03.000] This guy didn't do anything that would authorize them to stop him
[04:03.000 --> 04:11.000] Rather than not display a commercial contract with the state
[04:11.000 --> 04:16.000] So they're saying that in order to use these thoroughfares
[04:16.000 --> 04:19.000] You must be engaged in commerce
[04:19.000 --> 04:23.000] You must agree to a commercial contract
[04:23.000 --> 04:26.000] And I'm saying I have a right to travel
[04:26.000 --> 04:28.000] These are my roads
[04:28.000 --> 04:30.000] Exactly
[04:30.000 --> 04:33.000] I'm not a business operator
[04:33.000 --> 04:39.000] Exactly, so this may be the way to take on the issue
[04:39.000 --> 04:43.000] I have ordered two plates
[04:43.000 --> 04:51.000] In large red letters it says deadheading
[04:51.000 --> 04:59.000] Every policeman knows precisely what that is
[04:59.000 --> 05:03.000] This is not a question, this is not something that's arcane
[05:03.000 --> 05:06.000] Maybe ordinary citizens don't know what that means
[05:06.000 --> 05:10.000] But anybody who's a truck driver knows precisely what that means
[05:10.000 --> 05:17.000] And that term is specifically for the Department of Public Safety
[05:17.000 --> 05:24.000] It defines a period of time when a commercial driver
[05:24.000 --> 05:31.000] Is driving his vehicle from one location to another location
[05:31.000 --> 05:37.000] To where he is not being paid commercially to operate the vehicle
[05:37.000 --> 05:39.000] In between loads
[05:39.000 --> 05:42.000] Where he's dropped a load off at one warehouse
[05:42.000 --> 05:46.000] And to get another load he's got to drive this other warehouse
[05:46.000 --> 05:48.000] Sometimes it's 100 miles away
[05:48.000 --> 05:51.000] He's not being paid here at that time
[05:51.000 --> 05:55.000] He may bill enough to this other client to cover that
[05:55.000 --> 05:59.000] But he's not being paid for that time
[05:59.000 --> 06:01.000] That's called deadheading
[06:01.000 --> 06:05.000] And in that time he's not in commerce
[06:05.000 --> 06:13.000] Every DPS officer absolutely knows precisely what that means
[06:13.000 --> 06:17.000] So I'm deadheading
[06:18.000 --> 06:22.000] They have to know exactly what that means
[06:22.000 --> 06:26.000] I'm not putting a knot for hire or all that other crap
[06:26.000 --> 06:28.000] I've just been deadheading, that's telling them
[06:28.000 --> 06:31.000] I do have commercial license plates
[06:31.000 --> 06:34.000] I'm going to take these plates I've ordered
[06:34.000 --> 06:38.000] And I'm going to attach them to the back of the license plate
[06:38.000 --> 06:41.000] Are you going to do that wingnut thing?
[06:41.000 --> 06:46.000] Yeah, I bought these little clips that they use like for tonneau covers
[06:46.000 --> 06:50.000] They're marine clips like if you have a tarp on a boat
[06:50.000 --> 06:54.000] You stretch it down and you turn this thing, slide this
[06:54.000 --> 06:58.000] It's got a metal grommet with a hole in it
[06:58.000 --> 07:01.000] You slide it over the little clip, you turn it 90 degrees
[07:01.000 --> 07:04.000] So I'm going to take my plates off
[07:04.000 --> 07:06.000] Put these two things on there
[07:06.000 --> 07:09.000] Attach these two plates together
[07:09.000 --> 07:14.000] Turn the plate around so that the license plate is facing in
[07:14.000 --> 07:19.000] And the deadheading side is facing out
[07:19.000 --> 07:22.000] It's a current license plate
[07:22.000 --> 07:28.000] And I have current registrations on that license plate
[07:28.000 --> 07:31.000] But I'm not displaying it
[07:31.000 --> 07:38.000] Just like when the officer pulled me over in Austin and I gave him an ID
[07:38.000 --> 07:43.000] Back then you could have an ID and a driver's license
[07:43.000 --> 07:46.000] And they looked exactly alike
[07:46.000 --> 07:52.000] Except the driver's license started with DL and the ID started with ID
[07:52.000 --> 07:55.000] Well, the officer took it and went back to his car
[07:55.000 --> 07:58.000] Came back and he said, well, Mr. Kelton, this is a Texas ID
[07:58.000 --> 08:00.000] I said, yes, sir, it is
[08:00.000 --> 08:03.000] Do you have a driver's license? Yes, I do
[08:03.000 --> 08:06.000] But I'm not using it right now
[08:06.000 --> 08:09.000] That's the point
[08:10.000 --> 08:14.000] I have a contract with the state
[08:14.000 --> 08:19.000] I can operate in commerce if I want to
[08:19.000 --> 08:27.000] And I can even use this vehicle to operate in commerce if I want to
[08:27.000 --> 08:35.000] But at this time I am advertising that I am not operating in commerce
[08:35.000 --> 08:40.000] So he can't charge me with not entering into this contract
[08:40.000 --> 08:44.000] He can't charge me with not having a current registration
[08:44.000 --> 08:55.000] He can only charge me with using the public highways for public purposes
[08:55.000 --> 08:59.000] Good luck with that
[08:59.000 --> 09:02.000] Let's see how they fight that one
[09:02.000 --> 09:06.000] That's not all I got. I got another one
[09:06.000 --> 09:12.000] I just went to a city hall
[09:12.000 --> 09:15.000] A friend of mine got a ticket
[09:15.000 --> 09:18.000] And I went with him
[09:18.000 --> 09:24.000] This was the Rome city hall where I had had a couple tickets
[09:24.000 --> 09:28.000] And the week before I went to a city council meeting
[09:28.000 --> 09:32.000] And gave some criminal complaints to the mayor
[09:32.000 --> 09:39.000] And told the mayor that I expect him to do with that
[09:39.000 --> 09:46.000] I told him that I had given you these complaints in your capacity as a magistrate in the state of Texas
[09:46.000 --> 09:48.000] And I quoted him the statute
[09:48.000 --> 09:52.000] And I said, now your lawyer over here, and they had the city attorney set next to him
[09:52.000 --> 09:57.000] Is going to give you some song and dance and seltzer down your pants
[09:57.000 --> 10:08.000] But at the end of the day I will expect you to do exactly what 15.09 Texas Code of Criminal Procedure commands you to do
[10:08.000 --> 10:14.000] You need to understand that I did this to the Chief Justice of the Texas Supreme
[10:14.000 --> 10:20.000] And he did not do what the code specifically commanded him to do
[10:20.000 --> 10:25.000] So I sued him for $20 million in the federal court in his personal capacity
[10:25.000 --> 10:27.000] So be cautious
[10:27.000 --> 10:29.000] Do what the law commands you to do
[10:29.000 --> 10:31.000] Your three minutes is up
[10:31.000 --> 10:33.000] Okay, so my three minutes is up
[10:33.000 --> 10:35.000] I go to this hearing
[10:35.000 --> 10:38.000] It's the first appearance on a ticket
[10:38.000 --> 10:40.000] And they got this
[10:40.000 --> 10:43.000] They rearranged the courtroom
[10:43.000 --> 10:45.000] And they got this female
[10:45.000 --> 10:47.000] I didn't notice she was in a black robe
[10:47.000 --> 10:49.000] I just thought she's in a black outfit
[10:49.000 --> 10:51.000] She's talking to this guy
[10:51.000 --> 10:53.000] And the clerk is sitting next to him
[10:53.000 --> 10:55.000] The guy gets down and he leaves
[10:55.000 --> 10:59.000] And I went up and spoke to the clerk
[10:59.000 --> 11:05.000] And I said that I needed, I'm going to want a copy of the recording of this hearing
[11:05.000 --> 11:09.000] She said, we're not recording this hearing
[11:09.000 --> 11:11.000] What?
[11:11.000 --> 11:13.000] You have to record this hearing
[11:13.000 --> 11:15.000] And it turned out to be the judge
[11:15.000 --> 11:19.000] The judge said, well, this is just a show cause hearing
[11:19.000 --> 11:23.000] What's wrong with that picture, Brett?
[11:23.000 --> 11:25.000] It has to be recorded
[11:25.000 --> 11:29.000] They have to collect up all the evidence that they obtain
[11:29.000 --> 11:35.000] What does 28.01 say about the hearings that can be had
[11:35.000 --> 11:43.000] That a judge is authorized to order a person to come to court for?
[11:43.000 --> 11:53.000] Well, one would be a conference with the prosecutor for the judge to watch
[11:53.000 --> 11:55.000] For what purpose?
[11:55.000 --> 11:59.000] They can't just call you to confer with the prosecutor
[11:59.000 --> 12:07.000] It says they can call you to confer with the prosecutor for the following reasons
[12:07.000 --> 12:11.000] Well, I'm not even sure, that question even feels premature
[12:11.000 --> 12:15.000] Because there has to be a case existing
[12:15.000 --> 12:19.000] Somebody has to bring a piece of paper to the court
[12:19.000 --> 12:21.000] He's there on a summons
[12:21.000 --> 12:23.000] Okay, but then that wouldn't be a court
[12:23.000 --> 12:25.000] It would be a magistrate
[12:25.000 --> 12:29.000] It wouldn't be 28.01 court activities
[12:29.000 --> 12:35.000] It would be 16.01 during 211
[12:35.000 --> 12:39.000] They would be doing something that determines probable cause
[12:39.000 --> 12:43.000] 543.006
[12:43.000 --> 12:47.000] Yeah, that's the way you get to it from transportation code
[12:47.000 --> 12:51.000] The officer can, if he stops you for a violation
[12:51.000 --> 12:53.000] He can release you on your own recognizance
[12:53.000 --> 12:59.000] If you sign this promise to appear before a magistrate of the county
[12:59.000 --> 13:03.000] So he appeared before a magistrate of the county
[13:03.000 --> 13:07.000] And the magistrate is holding a show cause hearing
[13:07.000 --> 13:11.000] We can't show a show cause hearing as far as I can tell
[13:11.000 --> 13:13.000] In a criminal prosecution
[13:13.000 --> 13:17.000] It's not in the code of criminal procedure
[13:17.000 --> 13:21.000] The only thing you can have someone come to court for
[13:21.000 --> 13:25.000] To meet with the prosecutor
[13:25.000 --> 13:29.000] Is examining trial
[13:29.000 --> 13:33.000] At arraignment, which you can't hold in a class C misdemeanor
[13:33.000 --> 13:37.000] Or there are about 8 or 10 other 11 things I think
[13:37.000 --> 13:39.000] And they're all motions of pleadings
[13:39.000 --> 13:43.000] I don't read that the same way about the arraignment
[13:43.000 --> 13:47.000] Yeah, it does give a list of the things and that's certainly not one of them
[13:47.000 --> 13:53.000] And a show cause hearing is not an arraignment
[13:53.000 --> 13:55.000] Exactly
[13:55.000 --> 13:57.000] This was a let's make a deal hearing
[13:57.000 --> 13:59.000] So I'm saying I want to see it
[13:59.000 --> 14:01.000] I want to record it
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[17:00.000 --> 17:04.000] People have been fighting this right to travel for a long time
[17:04.000 --> 17:08.000] And I'm trying to find the right question to bring
[17:08.000 --> 17:14.000] The right to travel is historic
[17:14.000 --> 17:24.000] And ever since we've had any kind of civilization
[17:24.000 --> 17:28.000] In order for the civilization to function and flourish
[17:28.000 --> 17:33.000] People had to have access to thoroughfares
[17:33.000 --> 17:39.000] Since we gathered together in cities and large groups
[17:39.000 --> 17:46.000] We built roads and thoroughfares and in order for the population to function effectively
[17:46.000 --> 17:52.000] Those roads and thoroughfares had to be publicly available to everybody
[17:52.000 --> 17:55.000] They always have been
[17:55.000 --> 17:58.000] Except for now
[17:58.000 --> 18:05.000] Now they're only available if you enter into a commercial contract with the state
[18:05.000 --> 18:10.000] Our case law still affirms
[18:10.000 --> 18:14.000] Every single circuit in the country
[18:14.000 --> 18:17.000] The federal circuit has affirmed repeatedly
[18:17.000 --> 18:22.000] That the public have a right to travel freely on the roads and highways
[18:22.000 --> 18:25.000] That goes without question
[18:25.000 --> 18:31.000] So now they're saying yes, you can travel freely on the roads and highways
[18:31.000 --> 18:37.000] So long as you first enter into a written contract with the state
[18:37.000 --> 18:40.000] Or you agree to certain restrictions
[18:40.000 --> 18:43.000] Yeah, trade your right for a privilege, will you?
[18:43.000 --> 18:46.000] Yeah, and they're calling it a privilege
[18:46.000 --> 18:48.000] And so how do I get to it?
[18:48.000 --> 18:50.000] So I'm going to try to
[18:50.000 --> 18:54.000] I'm going to be entered into the contract
[18:54.000 --> 18:59.000] So they can't accuse me of not being registered
[18:59.000 --> 19:05.000] They can only accuse me of not displaying the registration
[19:05.000 --> 19:13.000] But I'm using the public highways for personal use
[19:13.000 --> 19:16.000] So I'm not using that license right now
[19:16.000 --> 19:19.000] I'm a pilot's license
[19:19.000 --> 19:24.000] But I haven't had a pilot's license in my hand for 40 years
[19:24.000 --> 19:26.000] I can go to the VA and get one
[19:26.000 --> 19:27.000] I still got it down there
[19:27.000 --> 19:29.000] And pilot's license never expired
[19:29.000 --> 19:31.000] Once you got one, you got one
[19:31.000 --> 19:35.000] No one asked me for my pilot's license
[19:35.000 --> 19:39.000] I mean, maybe if I landed an airplane in an airport
[19:39.000 --> 19:41.000] And did something really stupid
[19:41.000 --> 19:43.000] All the time I flew airplanes
[19:43.000 --> 19:45.000] Nobody ever asked me to see that license
[19:45.000 --> 19:49.000] But if I'd have gotten an accident or something
[19:49.000 --> 19:53.000] Then I would have had to have had it
[19:53.000 --> 19:57.000] But only if I wrecked an airplane
[19:57.000 --> 20:02.000] So I could still move around the country freely without that license
[20:02.000 --> 20:05.000] Well, I've got a driver's license
[20:05.000 --> 20:08.000] Well, couldn't you do that in an airplane as well?
[20:08.000 --> 20:10.000] Yes
[20:10.000 --> 20:13.000] As long as you're not doing the commercial transportation in an airplane
[20:13.000 --> 20:16.000] Airplanes don't have license plates on them
[20:16.000 --> 20:18.000] They have a tail number
[20:18.000 --> 20:22.000] Tail number is just for identification
[20:22.000 --> 20:24.000] Well, it's the same thing, right?
[20:24.000 --> 20:26.000] No
[20:26.000 --> 20:29.000] You've got a license
[20:29.000 --> 20:33.000] No, the tail number goes to the airplane, not to the pilot
[20:33.000 --> 20:37.000] I'm not saying that whether it's affixed or painted
[20:37.000 --> 20:42.000] I'm saying that the issue is that they are giving you permission to do something
[20:42.000 --> 20:44.000] You already have a right to do
[20:44.000 --> 20:48.000] There's no historical right to fly
[20:48.000 --> 20:49.000] What do you mean?
[20:49.000 --> 20:51.000] In the conveyance of the day?
[20:51.000 --> 20:55.000] Yeah, that's an issue I could probably take on
[20:55.000 --> 20:57.000] But it's not the one I want to fight right now
[20:57.000 --> 20:59.000] My point is I've got this other license
[20:59.000 --> 21:04.000] And nobody's asking me for it because I'm not using it
[21:04.000 --> 21:09.000] Now, I pull out on a public highway
[21:09.000 --> 21:11.000] Using it for personal use
[21:11.000 --> 21:14.000] And now they're asking me for my commercial license
[21:14.000 --> 21:16.000] That's like asking me for my pilot's license
[21:16.000 --> 21:20.000] I'm not using either one of them
[21:20.000 --> 21:24.000] So I'm using the highways for private use
[21:24.000 --> 21:29.000] I'm not advertising that I'm a commercial driver
[21:29.000 --> 21:33.000] If I put those plates on there, I'm advertising that I'm in commerce
[21:33.000 --> 21:35.000] And I'm not advertising it
[21:35.000 --> 21:38.000] So they don't have reason to believe that I'm in commerce
[21:38.000 --> 21:42.000] If I had plates showing, they would have reason to believe that I'm in commerce
[21:42.000 --> 21:49.000] Once they stop me, then because I could operate this commercial vehicle in a non-commercial way
[21:49.000 --> 21:54.000] Then they would have to determine whether or not I was using it in commerce
[21:54.000 --> 21:59.000] But I'm not advertising commerce
[21:59.000 --> 22:05.000] So they have no reason to believe that I'm in commerce in the first place
[22:06.000 --> 22:11.000] They're poor trains, as anything that has wheels is fair game
[22:11.000 --> 22:13.000] Yeah, that's what they're saying
[22:13.000 --> 22:23.000] And I'm saying what that does is converts the highways from public to commercial use only
[22:23.000 --> 22:34.000] I can't use those highways and roadways unless I first enter into a commercial contract with the state
[22:34.000 --> 22:39.000] So that makes the highways no longer public
[22:39.000 --> 22:45.000] And the commercial use of the highways is a privilege
[22:45.000 --> 22:48.000] That's where you get this privilege nonsense
[22:48.000 --> 22:56.000] So I'm going to ask them to take me on with no knowledge that I am in commerce
[22:56.000 --> 23:00.000] No reason to believe I'm in commerce
[23:01.000 --> 23:06.000] That's my story and I'm sticking to it
[23:06.000 --> 23:12.000] So you're going to have tags that say deadheading
[23:12.000 --> 23:20.000] And when the officer wants to accuse you of a ride ticket and say that you
[23:20.000 --> 23:29.000] He's going to be looking at probably Texas transportation code 502.473
[23:29.000 --> 23:34.000] Operation of vehicle without registration insignia
[23:34.000 --> 23:41.000] A person commits an offense if the person operates on a public highway during a registration period
[23:41.000 --> 23:48.000] A motor vehicle that does not properly display the registration insignia issued by the department
[23:48.000 --> 23:55.000] That establishes that the license plates have been validated for the period
[23:55.000 --> 23:58.000] So they're going to want to call that a crime
[23:58.000 --> 24:06.000] I get it and I'm going to say that particular provision of law is unconstitutional on its face
[24:08.000 --> 24:14.000] And the municipal judge or the JP is going to say consta what
[24:14.000 --> 24:19.000] I'm going to say Mr. Bailiff arrest that judge
[24:19.000 --> 24:24.000] And the bailiff is going to refuse and I'm going to pull out my criminal complaint
[24:24.000 --> 24:28.000] Based on that and I'm going to file it with another magistrate
[24:28.000 --> 24:35.000] And ask the magistrate to issue a warrant against the traffic court judge and the bailiff
[24:35.000 --> 24:39.000] And the magistrates going to refuse
[24:39.000 --> 24:44.000] And I'm going to take the lawsuit I just finished today
[24:44.000 --> 24:51.000] I'm going to go down to a JP court and I'm going to file suit against the judge and the bailiff
[24:51.000 --> 24:55.000] In their personal capacity
[24:55.000 --> 25:00.000] For $20,000 or $19,000 apiece
[25:00.000 --> 25:05.000] That's dance bubba
[25:05.000 --> 25:10.000] Get your behind down here and explain to this court
[25:10.000 --> 25:16.000] Why you didn't issue that warrant the way the law specifically commanded you to do
[25:16.000 --> 25:24.000] And why you Mr. Bailiff didn't arrest that judge the way 14.06 commanded you to do
[25:24.000 --> 25:28.000] The stats guys
[25:28.000 --> 25:33.000] And then they're going to get a city attorney to answer for
[25:33.000 --> 25:38.000] And I'm going to wait until the 21 days are up
[25:38.000 --> 25:42.000] And then I'm going to file a motion to strike
[25:42.000 --> 25:48.000] Claiming that the prosecutor, the city attorney
[25:48.000 --> 25:53.000] Acting as counsel with these two individuals amounted to a public emolument
[25:53.000 --> 25:57.000] That's forbidden by Article 5 Section 53
[25:57.000 --> 26:01.000] Texas Constitution
[26:01.000 --> 26:03.000] So strike it
[26:03.000 --> 26:07.000] And then I'm going to move to strike the pleading
[26:07.000 --> 26:11.000] And then I'll move for default judgment
[26:11.000 --> 26:15.000] Yeah because 21 days went by and this guy piped up
[26:15.000 --> 26:19.000] He's not allowed to and then nobody else that is authorized ever piped up
[26:19.000 --> 26:22.000] So there's not been an answer
[26:22.000 --> 26:25.000] Oh is this going to be fun or not what
[26:25.000 --> 26:33.000] And I have that complaint written in a generic template format
[26:33.000 --> 26:37.000] That's going in my ticket site
[26:37.000 --> 26:41.000] So as the ticket site develops we'll get to that point
[26:41.000 --> 26:45.000] Did you file a complaint with the magistrate against this officer
[26:45.000 --> 26:48.000] Whoever did the magistrate issue a warrant
[26:48.000 --> 26:52.000] No boom it'll spit out this lawsuit
[26:52.000 --> 26:56.000] While you do sign it
[26:56.000 --> 26:58.000] I think we can take our system back
[26:58.000 --> 27:01.000] Hang on we'll be right back
[27:01.000 --> 27:04.000] Businesses ask you for a lot of personal information
[27:04.000 --> 27:06.000] And you may trust them to keep it safe
[27:06.000 --> 27:11.000] But it turns out that even the most trusted companies may be unwittingly revealing your secrets
[27:11.000 --> 27:15.000] I'm Dr. Catherine Albrecht and I'll be right back with details
[27:15.000 --> 27:17.000] Privacy is under attack
[27:17.000 --> 27:20.000] When you give up data about yourself you'll never get it back again
[27:20.000 --> 27:25.000] And once your privacy is gone you'll find your freedoms will start to vanish too
[27:25.000 --> 27:27.000] So protect your rights
[27:27.000 --> 27:30.000] Say no to surveillance and keep your information to yourself
[27:30.000 --> 27:33.000] Privacy it's worth hanging on to
[27:33.000 --> 27:37.000] This public service announcement is brought to you by Startpage.com
[27:37.000 --> 27:41.000] The private search engine alternative to Google, Yahoo and Bing
[27:41.000 --> 27:44.000] Start over with Startpage
[27:44.000 --> 27:46.000] Data privacy is a big deal
[27:46.000 --> 27:51.000] So nearly every company has a policy explaining how they handle your personal information
[27:51.000 --> 27:54.000] But what happens if it escapes their control
[27:54.000 --> 27:55.000] It's not an idle question
[27:55.000 --> 27:57.000] According to a recent survey
[27:57.000 --> 28:03.000] A shocking 90% of US companies admit their security was breached by hackers in the last year
[28:03.000 --> 28:07.000] That's one more reason you should trust your searches to Startpage.com
[28:07.000 --> 28:11.000] Unlike other search engines, Startpage doesn't store any data on you
[28:11.000 --> 28:14.000] They've never been hacked but even if they were
[28:14.000 --> 28:16.000] There would be nothing for criminals to see
[28:16.000 --> 28:18.000] The cupboard would be bare
[28:18.000 --> 28:21.000] Too bad other companies don't treat your data the same way
[28:21.000 --> 28:23.000] I'm Dr. Catherine Albrecht
[28:23.000 --> 28:26.000] For more news and information at CatherineAlbrecht.com
[28:53.000 --> 28:56.000] Justice to my son, my uncle, my nephew, my son
[28:56.000 --> 28:58.000] Go to buildingwatt.org
[28:58.000 --> 29:01.000] Why it fell, why it matters and what you can do
[29:01.000 --> 29:05.000] Rule of Law Radio is proud to offer the rule of law traffic seminar
[29:05.000 --> 29:08.000] In today's America we live in an us against them society
[29:08.000 --> 29:10.000] And if we the people are ever going to have a free society
[29:10.000 --> 29:13.000] Then we're going to have to stand and defend our own rights
[29:13.000 --> 29:16.000] Among those rights are the right to travel freely from place to place
[29:16.000 --> 29:18.000] The right to act in our own private capacity and most importantly
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[30:46.000 --> 30:51.000] When you gonna stop abuse your power
[30:51.000 --> 30:57.000] When you gonna stop abuse your power
[30:57.000 --> 31:02.000] So please Mr. McClan teach officers not to abuse their power
[31:02.000 --> 31:08.000] Send a request to the leader, the captain of all officers
[31:08.000 --> 31:13.000] Tell them to uphold the law and please don't abuse their power
[31:13.000 --> 31:18.000] They beat and they beat and they cheat and they cheat and they lie every hour
[31:18.000 --> 31:24.000] So Mr. Officer, please stop abusing your power
[31:24.000 --> 31:29.000] You pull me over and tell me to be silent sir
[31:29.000 --> 31:35.000] I need to speak to my lawyer, Mr. Officer
[31:35.000 --> 31:40.000] You acting like you're the judge, finding me guilty sir
[31:40.000 --> 31:45.000] So when you gonna stop abuse your power
[31:45.000 --> 31:51.000] When you gonna stop abuse your power
[31:51.000 --> 31:57.000] When you gonna stop abuse your power
[31:57.000 --> 32:02.000] When you gonna stop abuse your power
[32:02.000 --> 32:06.000] Mr. Officer abusing his power
[32:06.000 --> 32:06.860] Okay.
[32:07.860 --> 32:15.260] On the break, Brett was talking about something on the issue of when they
[32:15.260 --> 32:18.780] stopped me solely for not displaying.
[32:20.240 --> 32:20.560] Go ahead.
[32:20.600 --> 32:20.880] Yeah.
[32:22.080 --> 32:29.200] I think this is a, this is a good, relatively cheap, I think, way to, to
[32:29.200 --> 32:35.800] deal with this, inexpensive, I should say, because we, I can accuse you
[32:35.800 --> 32:42.000] of not displaying this registration thing, but it also says that's in
[32:42.000 --> 32:49.680] subsection A, subsection D says that a court may dismiss a charge brought
[32:49.680 --> 32:54.520] under subsection A if the defendant pays a reimbursement fee, not to
[32:54.520 --> 33:02.240] exceed 10 bucks and shows that the, the motor vehicle was issued a
[33:02.280 --> 33:06.920] registration insignia by the department that was attached to the motor vehicle.
[33:07.840 --> 33:08.240] So,
[33:13.320 --> 33:16.980] you know, first, what came to my mind is that it could be attached and
[33:16.980 --> 33:20.960] not displayed like you could have it in clip to your visor, but what you're
[33:20.960 --> 33:25.000] describing is actually even probably more fun because you, you've got it.
[33:25.000 --> 33:29.880] You're, you're going to have it on the place where it would normally be displayed.
[33:30.000 --> 33:34.960] It has to be so far from the pavement and there are, you can't put it in your,
[33:34.960 --> 33:38.640] in your dash because there are, no, but none of that is on there.
[33:39.000 --> 33:42.680] This is, this is just saying it can be dismissed if it's attached.
[33:46.520 --> 33:50.240] They can still come back and complain about how many inches it away is.
[33:50.240 --> 33:52.120] And so then it's not properly displayed.
[33:52.360 --> 33:56.520] That will be another round, obviously, but as long as it's attached, you
[33:56.520 --> 33:58.320] can get it dismissed for 10 bucks.
[34:00.200 --> 34:00.440] Okay.
[34:00.440 --> 34:00.920] Okay.
[34:01.320 --> 34:07.240] I got one, I got a, no proof of insurance ticket once, but I had
[34:07.240 --> 34:08.800] insurance, I didn't have proof with me.
[34:09.560 --> 34:14.120] Ah, and over there in subsection D where they're not allowed to enforce.
[34:16.320 --> 34:17.960] And that's the way this was.
[34:17.960 --> 34:21.960] And, and when I come in, they said, did you have insurance?
[34:21.960 --> 34:22.960] Of course I had insurance.
[34:23.720 --> 34:27.000] Well, if you'll just pay $10, we can dismiss it.
[34:27.000 --> 34:27.520] I said, no.
[34:27.520 --> 34:29.800] What do you mean no, then we can't dismiss it.
[34:29.800 --> 34:33.240] If you don't pay us $10, I know, I want a jury trial.
[34:34.960 --> 34:36.120] This clerk knew me.
[34:36.120 --> 34:36.720] Oh, Mr.
[34:36.720 --> 34:40.840] Kelton, the, the, the judge, her name was Mary Motsenbacher.
[34:41.320 --> 34:42.240] She heard it.
[34:43.080 --> 34:44.200] She come out, Mr.
[34:44.200 --> 34:46.560] Kelton, what are you doing now?
[34:47.200 --> 34:50.080] And they said, well, your honor, he, he's got proof of
[34:50.080 --> 34:51.880] insurance, but he won't show it to us.
[34:53.480 --> 34:55.800] She said, well, you know, I'm not going to show it to you.
[34:56.200 --> 34:59.760] She said, you have proof of insurance?
[34:59.800 --> 35:00.400] Yeah.
[35:01.080 --> 35:02.960] All you do show it to them and they'll dismiss.
[35:02.960 --> 35:06.840] Yeah, but they want to charge me 10 bucks and I'm not guilty.
[35:07.760 --> 35:09.080] She said, well, we have to.
[35:09.560 --> 35:10.360] I said, okay.
[35:10.360 --> 35:12.080] So I want a jury trial.
[35:12.800 --> 35:15.040] So we get a jury and I show it to the jury.
[35:15.280 --> 35:17.720] The jury will find me not guilty and I don't have to pay anything.
[35:18.880 --> 35:21.440] She told the clerk, just dismiss it, just dismiss it.
[35:24.000 --> 35:25.560] So this kind of goes to that.
[35:26.680 --> 35:27.960] So this is perfect.
[35:29.760 --> 35:32.800] But then again, that statute is still problematic.
[35:34.560 --> 35:42.440] I have to prove that when I was using the public highways, that I was under
[35:42.440 --> 35:47.560] a commercial contract to do so, making my use of the highways a privilege.
[35:47.560 --> 35:52.280] It is problematic in that way, but actually for that matter, all of
[35:52.320 --> 35:56.000] Texas transportation code is equally problematic.
[35:56.520 --> 35:57.320] Absolutely.
[35:59.000 --> 36:02.680] Unless I'm using the road for hire.
[36:04.960 --> 36:11.880] There's ample code, ample case law in every federal circuit that
[36:11.880 --> 36:17.960] establishes that the roadways belong to the public and that the public
[36:17.960 --> 36:19.960] has a right to freely use them.
[36:23.240 --> 36:24.160] Every state has it.
[36:24.400 --> 36:27.240] When I look for that, I get stacks of case law on that.
[36:29.440 --> 36:35.880] So how is it that while I have this right to freely use the highways, I can
[36:35.880 --> 36:43.320] only exercise that right if I convert it into a privilege by entering into
[36:43.320 --> 36:50.440] a contract with the state, and I can only access and use those highways
[36:50.720 --> 36:56.120] while acting under the covenants of that commercial contract.
[37:00.080 --> 37:07.120] I've wondered, why is it that most every state, not Arizona, Arizona's
[37:08.240 --> 37:13.600] traffic laws are codified into state code, into the general laws.
[37:13.640 --> 37:16.200] They're not into a special commercial code.
[37:17.040 --> 37:23.000] But most every other state has passed their laws into a commercial
[37:23.000 --> 37:27.320] code, as opposed to the general laws.
[37:28.120 --> 37:32.320] Now, there are a couple of things in there that are in the general laws.
[37:32.320 --> 37:41.240] If you are stopped for speeding in excess of 20 miles above a posted speed limit,
[37:42.600 --> 37:45.360] then that is a class B misdemeanor.
[37:47.200 --> 37:56.680] But then again, only if you're doing so in commerce, because the speed
[37:56.680 --> 38:00.440] limit signs only apply to commercial traffic.
[38:02.360 --> 38:09.400] So why did they pass these into a commercial code instead of the general laws?
[38:10.280 --> 38:17.080] Maybe because it would restrict our right to free use of the roadways.
[38:17.280 --> 38:24.840] That has been a right of the people in every country on the planet for
[38:24.840 --> 38:26.920] the last 6,000 years we know of.
[38:29.800 --> 38:34.800] No country could thrive without free public use of the highways.
[38:34.840 --> 38:37.120] No civilization could thrive without the highways.
[38:38.960 --> 38:46.200] And then those highways had to be freely accessible by everybody for
[38:46.200 --> 38:54.240] millennium, and all of a sudden now, in the last 70 years, 80 years, that's
[38:54.240 --> 38:55.280] no longer the case.
[38:55.280 --> 39:01.640] Now you can only use them if you're into a government, a contractual
[39:02.040 --> 39:02.240] government.
[39:02.240 --> 39:04.080] I think we can win that one, Brett.
[39:05.440 --> 39:06.720] Well, I certainly hope so.
[39:07.360 --> 39:09.240] Get all the law and the facts on your side.
[39:09.240 --> 39:12.080] It sounds like you're getting the politics on your side.
[39:14.360 --> 39:18.960] That's what my, I think the way to get the politics on our side, at least to
[39:18.960 --> 39:24.320] get them to pay attention to it, is this thing of us going back after them.
[39:24.520 --> 39:31.280] You step half inch across the legal line, I'm going to sue you in the JP
[39:31.280 --> 39:36.840] court, in your personal capacity, and it's only going to cost me 60 bucks
[39:37.040 --> 39:43.280] instead of 500 bucks for the ticket and then another 500 a year for the next
[39:43.280 --> 39:45.320] five years on my insurance.
[39:46.480 --> 39:51.320] So I'm going to sue you, and I'm going to sue you, and I'm going to sue you
[39:51.360 --> 39:53.560] for the next five years on my insurance.
[39:59.440 --> 40:01.520] That's my story, and I'm sticking to it.
[40:02.080 --> 40:04.320] Come back, do you have something you want to talk about, Brett?
[40:05.440 --> 40:08.120] No, I'm ready to go ahead and I see we've got a couple of callers here.
[40:08.640 --> 40:09.600] Yeah, we do.
[40:11.080 --> 40:14.160] So when we come back on the other side, we'll go to our callers.
[40:14.680 --> 40:18.840] We have Alex in California and Ted in California.
[40:19.520 --> 40:21.240] We're stuck on Californians tonight.
[40:21.680 --> 40:27.520] And both of y'all, I'd like to know anything you're sensing in California
[40:28.200 --> 40:33.520] relative to the politics of the latest election.
[40:36.400 --> 40:41.480] Hang on, Randy Kelton, Brett Fountain, Wheel of Life Radio, call in number.
[40:41.560 --> 40:43.840] We've got two open spaces on the board.
[40:44.160 --> 40:48.600] Call in number 512-646-1984.
[40:49.960 --> 40:50.760] We'll be right back.
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[42:52.240 --> 43:00.480] Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ.
[43:14.480 --> 43:20.320] If you did not have any problem, where are you going to look for one?
[43:20.320 --> 43:26.080] If you could not wait any battle too long, would your process be done?
[43:26.080 --> 43:32.080] Such a sentiment, a soldier, a warrior of love, scuffling to keep the peace.
[43:32.080 --> 43:39.680] All it takes is a misunderstanding, and somebody calls the police for watching the spotlight.
[43:39.680 --> 43:46.160] Okay, we are back. Randy Kelton, Bret Fountain, Rule of Law Radio.
[43:46.160 --> 43:49.840] And I got distracted on part of my story. I was in the courtroom.
[43:51.680 --> 43:57.440] Last week, I went to the city council meeting and gave criminal charges to the mayor
[43:58.560 --> 44:01.680] against the municipal judge and the chief of police.
[44:02.480 --> 44:08.880] Now, was this a special mayor or was he one of the normal ones that doesn't even realize he's a magistrate?
[44:08.880 --> 44:12.160] He's a normal mayor that doesn't realize he's a magistrate.
[44:13.520 --> 44:20.320] But I instructed him that under Article 2.09, who are magistrates?
[44:21.440 --> 44:25.920] Justices of the Supreme Court, judges of the Court of Criminal Appeals,
[44:25.920 --> 44:31.760] district judges, county judges, justices of the peace, and municipal judges, which is your...
[44:32.480 --> 44:34.000] And mayors.
[44:34.000 --> 44:39.760] And I'm sorry, municipal judges and mayors, which is you.
[44:41.360 --> 44:43.840] I didn't go to the reporters because it's too arcane.
[44:44.480 --> 44:50.640] And I said, your attorney over here is going to give you a bunch of song and dance and seltzer
[44:50.640 --> 44:56.720] down your pants, but I'm going to hold you precisely to Article 15.09, Texas Code of
[44:56.800 --> 44:57.840] Criminal Procedure.
[44:57.840 --> 45:07.200] And my complaint against the judge was that he didn't act on criminal complaints under 15.09.
[45:11.600 --> 45:15.040] How does it feel being pushed up on this dime, bubba?
[45:15.840 --> 45:21.680] So the next time I come to Rome, I go to a court hearing because a friend of mine got a ticket
[45:22.640 --> 45:29.840] and the mayor I'm after, I mean, the municipal judge that I was after is gone.
[45:31.120 --> 45:32.080] They got a new judge.
[45:33.280 --> 45:34.320] I love when that happens.
[45:35.040 --> 45:39.680] So I wonder, did he quit or did I get him fired?
[45:42.480 --> 45:46.480] Because I've caused some serious difficulties.
[45:46.480 --> 45:52.320] And there were no lawyers there.
[45:54.560 --> 45:57.280] The municipal judge is holding these hearings.
[45:57.280 --> 45:59.440] There's no prosecutor there.
[46:01.040 --> 46:04.640] Generally, the prosecutor does the let's make a deal.
[46:05.920 --> 46:09.760] And we had the judge do it, claiming she was doing a show-calls hearing.
[46:09.760 --> 46:17.360] And clearly, this judge didn't know what she was doing and knew she didn't know what she was doing.
[46:19.360 --> 46:24.320] Because she stood there and let me crawl all over the chief, the chief of police.
[46:25.360 --> 46:29.440] We had a pretty good interaction with him.
[46:29.440 --> 46:30.720] And I asked him to leave.
[46:30.720 --> 46:32.720] He said I was too close to him to back up.
[46:33.280 --> 46:41.760] I stood there and stared at it a minute and thought about it and thought, well, maybe I better back up because I don't want to give him a reason to pull his pistol.
[46:41.760 --> 46:43.200] Well, I was concerned about it.
[46:43.840 --> 46:45.360] This guy's got issues.
[46:47.600 --> 46:52.400] And when I went home, he left before everything was finished.
[46:53.200 --> 46:56.400] And I was concerned he was going to be sitting out there on the highway waiting for me.
[46:58.240 --> 46:59.600] I've had that happen before.
[47:00.160 --> 47:05.200] I've had that happen before, and that's very disconcerting.
[47:06.080 --> 47:07.520] But fortunately, he wasn't.
[47:08.400 --> 47:13.120] I think he just decided he might need to get the hell out of there, which he did.
[47:13.840 --> 47:15.600] That part was good for him.
[47:16.160 --> 47:20.640] But the judge clearly didn't know what she was doing.
[47:22.320 --> 47:25.040] And I kind of landed in the middle of them.
[47:25.040 --> 47:29.280] Now I'm going to go back and try to get a meeting with the mayor.
[47:30.560 --> 47:35.920] And the city attorney and this judge.
[47:38.720 --> 47:46.560] I'm going to say, guys, this is what I want you to do so that I don't wind up continuing to sue you.
[47:49.760 --> 47:57.200] And specify the code and how it's supposed to work and ask them to do exactly what the code says.
[47:59.760 --> 48:04.800] Make sure when you have people come in for that first hearing,
[48:04.800 --> 48:07.120] you've got the officer there who wrote the ticket.
[48:08.480 --> 48:11.120] And you hold a proper examining trial.
[48:13.200 --> 48:17.360] And then if you want to try to make a deal, well, knock yourself out.
[48:18.960 --> 48:21.440] But first, you let that person be heard.
[48:21.440 --> 48:32.160] And then I'm going to want you and I want the mayor, not the mayor, I want the
[48:34.400 --> 48:43.680] municipal judge to come down to Austin and testify before the Texas Senate subcommittee on
[48:44.640 --> 48:53.440] criminal justice on how it works if you exercise your court exactly the way the law commands you to
[48:53.440 --> 49:00.240] do. I don't think it'll make much difference. This guy was there to help. I've got him out of
[49:00.240 --> 49:04.480] trouble several times. A couple of them were really big ones. One of them, they were trying
[49:04.480 --> 49:09.040] to put him in jail for a year. And I got all of it thrown out, got everything expunged.
[49:09.040 --> 49:16.880] Got everything fixed for him. Everything he needed, I got done for him. But he still paid the ticket.
[49:19.280 --> 49:22.480] I gave him a whole stack of motions to file that would stop everything.
[49:22.480 --> 49:30.800] He still paid the ticket. He was terrified. People come in there and they were absolutely
[49:30.800 --> 49:39.680] terrified. And I want that fixed. I want people to come in there and feel comfortable.
[49:39.680 --> 49:47.280] I walked right up to the clerk and said, I want a copy of the recording of this hearing. I was
[49:47.280 --> 49:54.960] at least a bit intimidated. I want everybody else to be the same way. We're not recording this hearing.
[49:54.960 --> 49:59.760] What? What? You're having a hearing? You're not recording? And Judge sat over and kept her mouth
[49:59.760 --> 50:05.760] shut until she finally said, well, we don't have to record this because it's a show cause hearing.
[50:08.400 --> 50:14.400] Now, how dumb is that? How can we have a show cause hearing?
[50:15.440 --> 50:20.800] Have you ever heard of a show cause hearing in a criminal case? And even if it's not a criminal
[50:20.800 --> 50:24.320] case, you ever heard of a show cause hearing that's not on the record?
[50:26.240 --> 50:31.520] Nope. It would need to be on the record and it would need to be something that the law
[50:31.520 --> 50:36.720] authorizes them to hold. Exactly. And there would have to be some paperwork filed to commence a case.
[50:37.440 --> 50:45.520] Yeah. And she would have to know that. So she was just, I think this was her first day
[50:45.520 --> 50:52.720] in on the bench and she was just playing it by ear. They already had this hearing,
[50:53.280 --> 50:58.960] this day set. And yeah, I think the other judge either quit or got fired.
[51:01.360 --> 51:06.800] And they got this new judge to stand in and then I come in there and land right in the middle of her.
[51:07.920 --> 51:12.560] And she was clearly disconcerted.
[51:12.560 --> 51:20.080] But she knew when she was telling me this was only a show cause hearing,
[51:21.280 --> 51:27.520] that I knew that you couldn't hold a show cause hearing in this circumstance.
[51:29.120 --> 51:32.800] Yeah. She knew that you were bluffing and you could tell.
[51:33.680 --> 51:36.000] She knew that I knew she didn't know what she was doing.
[51:36.960 --> 51:43.040] That's why she didn't say anything to me when the chief of police got in my face and I told him,
[51:43.040 --> 51:49.280] go sit your butt down out there if we need you, I'll summon you. That didn't go over too well with
[51:49.280 --> 51:57.840] him. But the judge did not interfere. I think the judge was really caught out of her element.
[51:58.800 --> 52:06.640] I think she's afraid right now. She tried to wing it and play it by ear and I caught her.
[52:08.240 --> 52:13.200] So I may have a chance to get, if I can sit down with the mayor cause the mayor doesn't have a dog
[52:13.200 --> 52:21.040] in that hunt. This new judge doesn't really have a dog in that hunt. I'll sit down and school the
[52:21.280 --> 52:28.240] mayor. This is how it should be done. Walker through the codes, step by step. This is how
[52:28.240 --> 52:37.120] it's supposed to be done. The only thing I want out of it is for the accused not to be afraid of
[52:37.120 --> 52:44.800] the court proceeding. For the accused first to be able to make a statement. They get to make a
[52:44.800 --> 52:52.240] statement first, then they don't feel like they're being run over. Then the officer has to overcome
[52:52.240 --> 52:58.560] their statement instead of them having to overcome the officer's statement. It flips the script.
[53:02.320 --> 53:05.440] We'll probably have close to the same conviction rate,
[53:07.360 --> 53:12.800] but we'll have people coming out of the court feeling like they had their day in court.
[53:15.120 --> 53:20.960] That's what I really want. That's my story and I'm sticking to it. Okay.
[53:22.080 --> 53:26.960] We've got almost two and a half minutes left. Do you have anything else, Brett?
[53:27.600 --> 53:30.720] Nothing on that. Let's go ahead to Alex.
[53:30.720 --> 53:35.360] Let's go to Alex in California. Alex, what do you have for us today?
[53:35.360 --> 53:45.200] Good evening, gentlemen. I wanted to know what ideas could you guys give me to find out the
[53:45.200 --> 53:54.800] addresses. This is about my lawsuit in California against the three judges to find the addresses
[53:54.800 --> 54:00.240] to actually serve them. Wait, wait, wait. These are police officers?
[54:00.320 --> 54:09.680] No, these are judges. There's one presiding judge, one commissioner, one regular judge,
[54:09.680 --> 54:15.680] and one CEO. If I sue them in their personal capacity, I cannot serve them at the court.
[54:16.400 --> 54:20.480] Sure you can. You can serve them in the bathroom.
[54:23.040 --> 54:29.040] You can serve them anywhere you can find them. What I'll do with that, what I did with the
[54:29.040 --> 54:36.640] city of Rome is I went to the city manager and I said, I need you to talk to the mayor and get
[54:36.640 --> 54:44.320] the mayor to agree to accept service for all of the city employees so that I don't have to go bang
[54:44.320 --> 54:50.400] on their door at 10 o'clock at night at their home and disturb them at home.
[54:51.040 --> 54:57.600] If these are public officials, you go down there. I went into the city council meeting
[54:58.640 --> 55:04.640] and the city council meeting took a break and I took the service and dropped it on each one of
[55:04.640 --> 55:09.760] the council members' desks. One of them was standing there and she said, well, thank you.
[55:10.720 --> 55:16.800] No need to thank me. I'm serving you with a federal lawsuit. She said, well, I was doing
[55:16.800 --> 55:23.920] a federal lawsuit. She said, well, I was just trying to be polite. I did this in the city
[55:23.920 --> 55:28.480] council meeting. I went to the bailiff first and I told him what I'm going to do and I said,
[55:29.200 --> 55:37.120] are you going to interfere with me? He said, it's your papers, but if he had tried to interfere with
[55:37.120 --> 55:42.560] me, I'd have filed charges against him for interfering with service, which I had already
[55:42.560 --> 55:48.960] filed on the city attorney because he told him not to accept it. Hang on. We'll be right back.
[55:50.160 --> 55:55.760] The Bible remains the most popular book in the world, yet countless readers are frustrated
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[56:47.600 --> 56:49.920] That's freestudybible.com.
[56:52.800 --> 56:59.040] You're listening to the Logos Radio Network at logosradionetwork.com.
[57:02.240 --> 57:06.560] The Bill of Rights contains the first 10 amendments of our Constitution. They guarantee
[57:06.560 --> 57:11.440] the specific freedoms Americans should know and protect. Our liberty depends on it. I'm Dr.
[57:11.440 --> 57:15.440] Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your
[57:15.440 --> 57:21.600] constitutional rights. Privacy is under attack. When you give up data about yourself, you'll never
[57:21.600 --> 57:26.960] get it back again. And once your privacy is gone, you'll find your freedoms will start to vanish,
[57:26.960 --> 57:33.680] too. So protect your rights. Say no to surveillance and keep your information to yourself. Privacy,
[57:33.680 --> 57:38.880] it's worth hanging on to. This public service announcement is brought to you by Startpage.com,
[57:38.880 --> 57:44.880] the private search engine alternative to Google, Yahoo, and Bing. Start over with Startpage.
[57:46.320 --> 57:51.200] Imagine your mom and dad are getting ready for bed. They pull back the covers and find a third
[57:51.200 --> 57:56.160] party there. He announces, I'm with the military and I'm sleeping here tonight. That shocking image
[57:56.160 --> 58:00.960] of a third party in my parents' bed reminds me what the Third Amendment was designed to prevent.
[58:00.960 --> 58:05.680] It protects us from being forced to share our homes with soldiers, a common demand in the days
[58:05.680 --> 58:10.640] of our founding fathers. Third party, Third Amendment, get it? So if you answer a knock
[58:10.640 --> 58:15.200] at your door and guys in fatigues demand lodging, tell them to dust off their copy of the Bill of
[58:15.200 --> 58:20.240] Rights and reread the Third Amendment. I'm Dr. Catherine Albrecht. More news and information at
[58:20.240 --> 58:35.760] CatherineAlbrecht.com. The Bill of Rights contains the first 10 amendments of our constitution.
[58:35.760 --> 58:40.480] They guarantee the specific freedoms Americans should know and protect. Our liberty depends on
[58:40.480 --> 58:45.120] it. I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of
[58:45.120 --> 58:51.040] your constitutional rights. Privacy is under attack. When you give up data about yourself,
[58:51.040 --> 58:56.160] you'll never get it back again. And once your privacy is gone, you'll find your freedoms will
[58:56.160 --> 59:02.000] start to vanish too. So protect your rights. Say no to surveillance and keep your information to
[59:02.000 --> 59:07.520] yourself. Privacy, it's worth hanging on to. This public service announcement is brought to you by
[59:07.520 --> 59:14.560] startpage.com, the private search engine alternative to Google, Yahoo and Bing. Start over with Start
[59:14.560 --> 59:21.440] Page. Imagine four eyes staring at you through binoculars, a magnifying glass or a pair of x-ray
[59:21.440 --> 59:26.320] goggles. That imagery reminds me that the Fourth Amendment guarantees Americans freedom from
[59:26.320 --> 59:32.000] unreasonable search and seizure. Fourth Amendment, four eyes staring at you. Get it? Unfortunately,
[59:32.000 --> 59:36.720] the government is trampling our Fourth Amendment rights in the name of security. Case in point,
[59:36.720 --> 59:42.240] TSA airport scanners that peer under your clothing. When government employees demand a peep at your
[59:42.240 --> 59:47.200] privates without probable cause, I say it's time to sound the constitutional alarm bells.
[59:47.200 --> 59:50.480] Join me in asking our representatives to dust off the Bill of Rights
[59:50.480 --> 59:53.440] and use their googly eyes to take a gander at the Fourth.
[59:54.080 --> 59:58.240] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:01:12.240 --> 01:01:29.120] Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio. Brett told me it's the 21st
[01:01:29.120 --> 01:01:37.840] of November. But he didn't tell me what day of the week it was or what year it is. He knows I'm old.
[01:01:37.920 --> 01:01:43.920] Thursday, November 21st, 2024.
[01:01:44.960 --> 01:01:51.520] There you go. And we're talking to Alex in California about
[01:01:53.040 --> 01:01:57.680] who did you sue in California? Or what's the deal in California?
[01:01:58.640 --> 01:02:08.960] Oh, that was the judges who violated several of my rights while they were pretending to act
[01:02:08.960 --> 01:02:20.320] in their traditional function. Oh, this is... Have you seen my lawsuit in that regard?
[01:02:20.960 --> 01:02:27.360] Yes, the one where you sued them for $480 million and you sued like 20 of them.
[01:02:27.360 --> 01:02:35.360] Yeah, yeah. Did you pull out the section in there on how to get past a 12B1?
[01:02:39.360 --> 01:02:47.200] Not recently, but it is in my files. And I have many. I have your suits. I have some big suits.
[01:02:47.280 --> 01:02:55.360] Big suits and a lot of your files, Brett. Wait, that's big chumpsuit.
[01:02:57.760 --> 01:03:07.920] I'm just kidding. Well, in my suit, I went to special care to brief out how to sue a public,
[01:03:08.400 --> 01:03:16.000] a state official in the federal court so that they would have no immunity.
[01:03:18.160 --> 01:03:25.360] And that keeps them from getting past a 12B1. I didn't know if you'd see that. The Young Doctrine
[01:03:25.360 --> 01:03:33.680] and the Sovereign Immunity... Is that it, Brett? What is the one? The...
[01:03:35.120 --> 01:03:36.080] Ex parte Young?
[01:03:36.080 --> 01:03:36.880] Superior?
[01:03:36.880 --> 01:03:40.000] No, not Young and the one about the...
[01:03:40.000 --> 01:03:42.240] The supremacy clause, is that right?
[01:03:42.240 --> 01:03:46.240] Supremacy, that's the word I was looking for. Yeah, the supremacy clause. Did you get that in there?
[01:03:48.160 --> 01:03:54.080] I didn't yet, because I'm still waiting for the magistrate judge to come back to me,
[01:03:54.080 --> 01:03:58.960] because he has to review my... He has to screen my lawsuit because of the
[01:03:59.680 --> 01:04:06.640] informal papyrus procedure there. So I'm waiting for him to get back to me. He did deny my
[01:04:07.840 --> 01:04:14.960] motion for electronic filing, which sucks. Now I have to serve all of them with paper.
[01:04:15.760 --> 01:04:19.760] Well, you could have anybody serve them other than you.
[01:04:21.920 --> 01:04:28.160] And the way I did it is I had a friend of mine take... I sued all of the judges of the
[01:04:28.160 --> 01:04:34.240] Court of Criminal Appeals. There were eight or nine of them. And he went down to the Court
[01:04:34.240 --> 01:04:40.560] of Criminal Appeals and gave it to the clerk and asked the clerk if she would accept service
[01:04:41.520 --> 01:04:48.320] for all these judges. And she did. Handled, no problem.
[01:04:51.600 --> 01:04:59.360] Okay, that's cool. And I was a process server for somebody and we ended up going to their houses.
[01:05:02.640 --> 01:05:06.000] How did you fix the addresses? Is that so easy?
[01:05:06.000 --> 01:05:13.520] Well, yeah, it's actually not hard at all. Now you were asking about California. I've
[01:05:13.520 --> 01:05:20.480] got a subscription service that doesn't cover California, but there's somebody that you probably
[01:05:20.480 --> 01:05:28.640] hear on a regular basis, Tina in California. She has a subscription to a service like that,
[01:05:28.640 --> 01:05:34.800] and she is willing to help people for that. So pitch in a few bucks to help her with
[01:05:35.760 --> 01:05:40.480] the fees that it's costing her, and she comes back with all that information.
[01:05:42.560 --> 01:05:45.120] Okay. You can email them.
[01:05:46.560 --> 01:05:55.200] If you're in California, what part of California are you in? San Diego, Los Angeles, San Francisco?
[01:05:56.720 --> 01:06:03.440] Well, it would be Kern County, so near Bakersfield. That's one hour northeast of Los Angeles,
[01:06:03.440 --> 01:06:10.960] sort of. So you're further north. No, San Francisco is north. Los Angeles is central. Okay.
[01:06:11.760 --> 01:06:13.680] I think- All south.
[01:06:16.400 --> 01:06:20.960] Not like San Diego. No, yeah. San Diego is an hour and-
[01:06:20.960 --> 01:06:25.360] You're north of San Diego. I'm north of San Diego, yeah.
[01:06:25.360 --> 01:06:32.000] Between, you've got San Francisco, Los Angeles, and San Diego. Okay. I think Tina is in San
[01:06:32.000 --> 01:06:38.400] Luis Obispo. Oh, okay. That's kind of there. She's a little bit south of me then, I think.
[01:06:38.400 --> 01:06:44.960] Yeah, that's the suburb of San Francisco. So yeah, she will be a great person to talk to.
[01:06:45.520 --> 01:06:51.920] She is wonderful. I don't know if she's listening or not, but if we say too much good about her,
[01:06:51.920 --> 01:06:56.400] then she'll get the big head. We need to accuse her of being churlish.
[01:06:57.600 --> 01:06:59.840] She's also from Europe, which is cool.
[01:07:02.320 --> 01:07:11.680] And Tina rocks. She takes no crap. She doesn't take prisoners. She is tough.
[01:07:13.280 --> 01:07:17.920] If you're near each other enough, she might even be the process server for you.
[01:07:18.720 --> 01:07:25.120] You just need somebody who's over 18 or some states that's 21 and not a party to the suit.
[01:07:25.120 --> 01:07:31.360] It's a pretty simple thing. So to serve the process for you.
[01:07:32.640 --> 01:07:33.840] Yeah.
[01:07:33.840 --> 01:07:41.680] You could probably go down to any bar and say, I need somebody to serve a lawsuit on a smart mouth
[01:07:41.680 --> 01:07:45.840] judge. Who's up for that? And you'll probably get overhand in the place.
[01:07:48.960 --> 01:07:50.400] Yeah, I wonder.
[01:07:50.400 --> 01:07:52.000] And if not, offer a free beer.
[01:07:54.000 --> 01:08:01.600] Yeah. Is there, for federal court, is there like a trick to get a motion for LA 20 to grant access
[01:08:01.600 --> 01:08:07.280] to electronic filing as a pro se granted? Is there like a trick to it?
[01:08:08.640 --> 01:08:10.960] Wait a minute. Get access to...
[01:08:10.960 --> 01:08:17.840] Not that I know of. It's a motion and they decide if they're going to let you do it or not.
[01:08:20.400 --> 01:08:24.400] Anybody can get on Pacer, but she's talking about to do e-filing.
[01:08:26.240 --> 01:08:30.720] You can always look at it, but you can't always put documents into it.
[01:08:30.720 --> 01:08:39.600] I'm working on that at this moment. There is a special filing that Pacer has two logins.
[01:08:40.640 --> 01:08:46.960] One is you log in where you search Pacer and another you log in for your account.
[01:08:48.160 --> 01:08:59.200] And on the account side, there's a place where you can go in and fill out paperwork to e-file.
[01:09:00.800 --> 01:09:08.480] We were just two hours before the show. We were on the phone with the
[01:09:11.440 --> 01:09:13.840] federal court in Oregon on this exact issue.
[01:09:16.000 --> 01:09:17.200] Well, they're not granting...
[01:09:17.200 --> 01:09:22.960] What she's saying, Alex already moved the court to allow the e-filing and they denied it. So
[01:09:22.960 --> 01:09:28.400] they're not letting her e-file. And for her, that's a pain. She wants to e-file.
[01:09:28.400 --> 01:09:37.520] That may be because she didn't get all of the filings done because the federal courts
[01:09:38.960 --> 01:09:40.160] allow e-filing.
[01:09:42.080 --> 01:09:47.600] Overall, it's available, yes, but you have to move the court to allow it.
[01:09:49.120 --> 01:09:52.640] Unless they're wanting to defraud you by saying,
[01:09:52.640 --> 01:09:56.800] okay, we served you and they sent it to your email just because they know your email.
[01:09:56.880 --> 01:10:01.680] But in general, they've got a motion that they want you to fill out.
[01:10:02.880 --> 01:10:08.720] There's an application you have to fill out. You fill out an application first and it goes
[01:10:08.720 --> 01:10:13.280] before the court. That's what we just did today, is you fill out this application.
[01:10:14.000 --> 01:10:16.400] It's a standard federal form.
[01:10:16.400 --> 01:10:24.400] So they can't just deny it because if they denied you
[01:10:25.680 --> 01:10:32.480] e-filing, it's because you didn't get something done right. Call the clerks. The clerks are always
[01:10:32.480 --> 01:10:38.320] really in the federal court especially, very easy to get along with. They'll explain exactly how
[01:10:38.320 --> 01:10:45.360] to do it. So I'll tell you how it went for me. I relied on the clerk and I should know because
[01:10:45.360 --> 01:10:50.960] the clerk told me, you just file a motion. You don't even have to explain it. Just file a motion
[01:10:50.960 --> 01:11:01.520] to be granted access to electronic filing just like that. And I did. I was denied and I was denied
[01:11:01.520 --> 01:11:11.680] and there was some code of federal procedure and a local rule.
[01:11:11.680 --> 01:11:12.720] A local court rule?
[01:11:12.720 --> 01:11:25.040] I read both of them and the judge was correct. I should have provided a reason for him to grant
[01:11:25.040 --> 01:11:31.840] me because usually only attorneys will be allowed to file electronically by default and a pro se
[01:11:32.480 --> 01:11:40.560] have to ask the court. So I relied on the clerk and I should have read the local rule and so I
[01:11:40.560 --> 01:11:47.840] was denied. So I filed a motion for reconsideration and I did acknowledge that I failed to read the
[01:11:47.840 --> 01:11:53.920] local rule and now I'm providing these reasons as per local rule for why the court should grant me
[01:11:54.880 --> 01:12:01.120] access. And even though I provided really good rational reasons, I think like...
[01:12:01.920 --> 01:12:07.600] This is not the kind of thing that's contentious.
[01:12:09.200 --> 01:12:15.040] So long as you treat the court with dignity and respect, the federal courts tend to do the same
[01:12:15.040 --> 01:12:23.120] thing and if you didn't meet their requirements then they'll tell you and once you meet the
[01:12:23.120 --> 01:12:29.600] requirements they'll allow you to file electronically. This probably almost certainly will not be a
[01:12:29.600 --> 01:12:37.760] problem in the long run. No, I agree. I'm just saying like I made the mistake and I relied on
[01:12:37.760 --> 01:12:46.560] the clerk's information and she was wrong and I failed to verify it. So maybe someone else
[01:12:46.560 --> 01:12:51.760] hears that maybe that could help them like always verify it. I just didn't do it and that was my
[01:12:51.760 --> 01:13:00.320] fault. Talk to Carabel about that. She filed a complaint against a clerk for giving her a hard
[01:13:00.320 --> 01:13:10.320] time. I'm sorry, not Carabel. It was Tina who filed a complaint against a federal clerk for giving
[01:13:10.320 --> 01:13:22.720] her a hard time. And boys... Tina's on the line. Oh, there we go. Cool, is she? Hello, Ms.
[01:13:22.800 --> 01:13:24.400] Charlie. Tina.
[01:13:28.080 --> 01:13:36.480] Tenacious. Tenacious, tenacious, yeah. Tenacious, that's the word. Okay, music's up.
[01:13:38.320 --> 01:13:46.560] Let me go back on the other side. Tina, tell her about how you handled the federal clerk who gave
[01:13:46.560 --> 01:13:57.120] you a problem. Randy Kelton, Brett Fountain of We Love Our Radio. Call in number 512-646-1984,
[01:13:57.120 --> 01:14:03.760] One Empty Space. We'll be right back. Are you looking to have a closer relationship with God
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[01:16:30.240 --> 01:16:51.520] Okay, we are back at Radio California. We're talking to Alex in California. We just brought on Tina
[01:16:52.400 --> 01:17:00.000] and we were talking about how to handle clerks. Tina, she had a clerk give her bad information
[01:17:00.080 --> 01:17:04.400] about e-filing. Do you talk to her about that and how to deal with that?
[01:17:08.400 --> 01:17:16.400] I actually filed a complaint. It was a conduct complaint.
[01:17:18.720 --> 01:17:24.400] No, I just related it. This is what the clerk said. They were trying to say that I couldn't
[01:17:25.120 --> 01:17:32.000] file where I said and I had to, you know, they were not a lawyer because they had to go
[01:17:32.640 --> 01:17:41.040] to hire people and see if I was in the correct case. It happened. The other side had the
[01:17:41.040 --> 01:17:46.320] opportunity to change that. It's not up to the clerk to decide that. It's up to the
[01:17:46.320 --> 01:17:53.440] of the three to file a motion to move it to the correct court. It was a professional
[01:17:53.440 --> 01:17:57.920] conduct complaint and I just laid out the facts and I sent it to the supervisor.
[01:18:02.080 --> 01:18:07.120] They came back and said, you know, you're right. Besides, you know, just have that ability,
[01:18:07.120 --> 01:18:13.520] we are going to file it. Then after that, it was interesting because that same clerk became
[01:18:13.520 --> 01:18:25.040] extremely helpful to me and so then I filed a professional compliment to their supervisor
[01:18:25.600 --> 01:18:34.480] and it was a great end day. It was amazing how much help I got after I did that. You
[01:18:34.480 --> 01:18:39.600] first have to file the professional conduct complaint and you just make it to the fact.
[01:18:40.080 --> 01:18:47.040] You know, say, oh, people, you know, and I just pointed out what they did wrong,
[01:18:47.040 --> 01:18:55.600] what the other side could do and I said this is wrong because they need the help. We were not
[01:18:55.600 --> 01:19:05.040] trained attorneys and it changed everything for me in that particular court. The next one was a
[01:19:05.040 --> 01:19:14.080] different court and they were changing the record and I will tell you, you should print out the
[01:19:15.520 --> 01:19:24.720] doc as soon as you can because they were changing some things and I filed a complaint against the
[01:19:24.720 --> 01:19:43.920] clerk. Another thing about that is you can ask for them to include the comments and notes
[01:19:43.920 --> 01:19:48.640] because they have some metadata that's just in their office and they never expect anybody to
[01:19:48.640 --> 01:19:53.840] want to see it but you can ask for it and it has very helpful little things like it'll show you
[01:19:54.720 --> 01:20:01.280] somebody's initials saying let the prosecutor ask the prosecutor if I should do this or that
[01:20:02.960 --> 01:20:10.560] and so yeah, early and often and ask for the comments. Yes, that's a good point.
[01:20:15.440 --> 01:20:21.760] When things are filed and when I check because sometimes that doesn't add up, you know,
[01:20:22.160 --> 01:20:29.840] the time it comes in, the time they do things and you know, you've got to really watch it.
[01:20:32.240 --> 01:20:41.920] So don't be afraid to and if there's a compliment deserved, do that and I actually pointed out to
[01:20:41.920 --> 01:20:48.960] the, you know, the head person and I said this is what needs to happen which per se may be
[01:20:49.760 --> 01:20:57.120] a little class, an online class to teach per se how to go through this because it is your duty
[01:20:57.120 --> 01:21:00.240] to help everybody.
[01:21:00.880 --> 01:21:07.520] Oh yeah, they've done it but they said they would certainly look into it.
[01:21:17.680 --> 01:21:19.280] Was this a court in Fresno?
[01:21:19.280 --> 01:21:36.560] Oh, okay. Oh, you are in the, yeah, I'm in the eastern district. You're, then you're in one of
[01:21:36.560 --> 01:21:44.240] the other ones. Yeah. Oh, I see, okay. Oh, it would have been interesting if that would have
[01:21:44.240 --> 01:21:50.800] been the same court in the same clerk but it's not. The other thing you can do, have you checked
[01:21:50.800 --> 01:21:56.320] the roving room for California? Have you ever gone on there and looked up your judge?
[01:21:58.640 --> 01:22:04.880] What room? It's called theroom.com and you can,
[01:22:04.880 --> 01:22:17.040] and it tells you a lot about certain judges. It has the judges listed and it will give ratings
[01:22:17.840 --> 01:22:24.000] and literally, I'm one judge that had the most appalling room. I mean one that's
[01:22:26.160 --> 01:22:32.720] ego is because in this courtroom, the whole, the whole building, she's, you know, she's in
[01:22:32.720 --> 01:22:38.800] D.I.I. I mean they ringed her and I put that case of like I'm, I'm going to list this. This
[01:22:38.800 --> 01:22:46.400] is what this judge is about. Here's your report because what have you got to lose? I mean it's
[01:22:46.400 --> 01:22:54.240] out there, putting in there, so check it out. You'll particularly have a rating. They may have a
[01:22:54.240 --> 01:22:59.760] rating of two. They may have a rating of five but read through all of this if they're on there.
[01:23:00.720 --> 01:23:07.760] What is this? It's very hard for me to understand you. Is it ruling.com? What is the website?
[01:23:15.760 --> 01:23:18.880] Tina, are you using a hands-free device?
[01:23:23.280 --> 01:23:27.920] Try moving the mic a little further from your mouth. I'm getting a lot of distortion as well.
[01:23:29.760 --> 01:23:37.920] I think it's just my, my phone and it's about five percent. So that's much, that is much better.
[01:23:39.040 --> 01:23:48.240] Yeah, okay. I've got five percent but give that a try and I heard you saying that I have,
[01:23:48.240 --> 01:23:54.720] I do have a subscription to check on people and if someone's in a little bit that I pay monthly
[01:23:55.280 --> 01:24:04.240] I'm happy to report whatever. It really gives you some, like any of these people and addresses.
[01:24:04.880 --> 01:24:13.120] That's everything. Alex, can you send me a request for contact to Tina and I will forward that to
[01:24:13.120 --> 01:24:20.560] Tina. So you guys can. That's awesome. Thank you so much. Okay, I'll do that. All right Tina,
[01:24:20.560 --> 01:24:26.000] I'll let you have your time with the two gentlemen here. Have a good night. Well,
[01:24:27.680 --> 01:24:34.960] two gentlemen? Yeah, aren't you one of them? Brett, Brett, who else are they talking about?
[01:24:36.480 --> 01:24:43.760] Are you not one of them? I don't think, well you'd have to ask my wife and I don't think she'd go
[01:24:43.760 --> 01:24:55.840] for that. Okay, okay. Us poor guys, we're so mistreated. Don't you feel sorry for me, Tina?
[01:24:58.160 --> 01:25:04.000] I don't feel sorry. Yeah, I didn't think so. Okay, thank you Alex.
[01:25:04.000 --> 01:25:16.080] Okay, Tina, we had Ted in front of you. Have you ever, have you talked to Ted directly?
[01:25:17.360 --> 01:25:25.760] Oh, we lost the time. I've been on his court hearings too. Ted, say hello to Tina.
[01:25:25.760 --> 01:25:33.920] Yeah, it's good to hear from you again.
[01:25:42.480 --> 01:25:50.160] So Randy, the last call regarding the PACER and all that, I just sent you and Brett an email.
[01:25:50.960 --> 01:26:00.400] It is from the Fed Court in the Northern District of California, but anybody can have,
[01:26:01.760 --> 01:26:07.040] right now what it says, and it's right on the website, that pro se litigants,
[01:26:07.040 --> 01:26:13.440] whose names appear on existing cases before this court, may register to become ECF users
[01:26:13.440 --> 01:26:19.120] and may file documents electronically without first obtaining a judge's permission.
[01:26:20.560 --> 01:26:26.400] So there it is. So is that unique to the Northern District?
[01:26:27.920 --> 01:26:34.400] No, and I would, since I sent it to you and Brett, maybe you guys can get it over to this lady.
[01:26:35.280 --> 01:26:40.560] So all the courts, all the fed courts that operate the same, and she should just,
[01:26:41.360 --> 01:26:46.560] where she got wrapped around the axle was submitting the request when she didn't need to.
[01:26:46.560 --> 01:26:53.840] Okay, hang on, Randy Kelton, Brett Fountain, we'll look at our radio, we'll be right back.
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[01:29:59.680 --> 01:30:08.000] You are listening to the Logos Radio Network. Logosradionetwork.com.
[01:31:30.400 --> 01:31:35.440] You didn't sound entirely happy about that.
[01:31:35.440 --> 01:31:43.440] Yeah, I lost my place in where I was at. I was kind of confused there. Okay, I was noticing that
[01:31:46.800 --> 01:31:51.600] Tina had dropped off and I was kind of trying to do three things at once thinking I hope she gets
[01:31:51.600 --> 01:32:06.800] her phone plugged in and can call back in. We got Ted. Ted, what do you have for us? Now,
[01:32:06.800 --> 01:32:12.800] Ted tried to talk to me about his case a couple of times, but he caught me when I was so exhausted
[01:32:13.440 --> 01:32:19.520] I couldn't think. Ted, I'm a lot better off today. I'm not quite so wiped out.
[01:32:22.320 --> 01:32:28.800] Well, don't sound so excited to hear from me. Well, I am, and I apologize for the last two
[01:32:28.800 --> 01:32:34.320] times you called. Man, you're talking to me. My brain is feeling like mush because I'd been on
[01:32:34.320 --> 01:32:40.080] the phone all day long and I hated to put you off of all people, but I was whacked.
[01:32:41.600 --> 01:32:48.320] I think I didn't have enough medicine. I think what you're telling me is my timing is impeccable,
[01:32:48.320 --> 01:32:57.920] and that's why so many people really like me. Judges and prosecutors and police officers.
[01:32:57.920 --> 01:33:02.720] Yeah, that's what I was thinking. They so sarcastically appreciate you.
[01:33:04.240 --> 01:33:14.480] Oh, yeah. They've all found an appreciation for me. So, yeah, just the regarding this
[01:33:14.560 --> 01:33:20.160] e-filing in the federal court. Get yourself a Pacer account, and when you do,
[01:33:20.800 --> 01:33:26.000] you don't give them a credit card number. You don't have to. You don't have to have a credit
[01:33:26.000 --> 01:33:36.880] card attached to your Pacer account. It doesn't help. They don't use it. Every month they shut me
[01:33:36.880 --> 01:33:45.200] off, and I have to go in and manually pay them. They got my information. They don't use it.
[01:33:47.040 --> 01:33:54.560] That's annoying. I've only been charged one time because if you don't run up a $30 bill
[01:33:54.560 --> 01:33:58.960] within a quarter, I think it is, well, then they don't charge you at all.
[01:33:58.960 --> 01:34:03.840] But I have gotten hit one time on my credit card. They didn't hit me at all.
[01:34:03.840 --> 01:34:09.360] I'm trying to get them to, and I can't find anything to auto-pay. They just shut it off for $31.
[01:34:11.680 --> 01:34:18.160] If it was $30, they would just wipe it off. So $31.10, they cut it off.
[01:34:19.440 --> 01:34:24.160] I've got to spend a couple of hours trying to figure out how to get to the right place to pay
[01:34:24.160 --> 01:34:29.280] them. I don't know. A government employee built this site. It's a pain in the neck.
[01:34:29.840 --> 01:34:36.320] It's no more than Pacer. It shouldn't be that much of a problem. Anyway, I'll stop grabbing.
[01:34:38.800 --> 01:34:48.000] I've been through all of this stuff. Actually, it's just like working on a Mercedes or any
[01:34:48.000 --> 01:34:52.080] other German car. You've got to think like a German. When you're on these government websites,
[01:34:52.080 --> 01:34:54.000] you've got to think like a government employee.
[01:34:54.960 --> 01:34:58.480] Now, but that would force me to stop thinking.
[01:35:00.640 --> 01:35:01.680] Well, that's part of it.
[01:35:01.680 --> 01:35:03.440] Does that mean you've got to get a lobotomy?
[01:35:06.640 --> 01:35:10.320] When you're using it, yes. No, it's not that bad.
[01:35:10.320 --> 01:35:13.680] Okay, that was unfair. That was unfair. We do really have
[01:35:14.480 --> 01:35:26.160] good employees. This thing with Trump and Elon Musk and this Vivek wanting to cut back to
[01:35:26.160 --> 01:35:30.720] government, I really see the problem because we really do have good people in government
[01:35:32.080 --> 01:35:35.520] and people who want to do the job, and they want to do the job right.
[01:35:36.000 --> 01:35:44.880] But when you're in such a massive system, you get caught up in the flow of things,
[01:35:46.080 --> 01:35:52.400] and it's hard to get out of the flow, and we'll have to get rid of otherwise good people.
[01:35:54.000 --> 01:35:54.800] Life is tough.
[01:35:59.920 --> 01:36:03.600] There are good people in government, and most of the people I know in government
[01:36:03.600 --> 01:36:08.480] want to do things right. If we stand back and look at them from a distance,
[01:36:08.480 --> 01:36:13.280] they look like jackbooty thugs. But when you go in and actually talk to people,
[01:36:14.880 --> 01:36:18.400] and don't go in there and start a fight with them, just talk to them like you're human beings,
[01:36:20.480 --> 01:36:22.880] they seem like ordinary human beings.
[01:36:24.800 --> 01:36:29.520] And they're helpful, and they're easy to get along with, they want to do things right,
[01:36:30.240 --> 01:36:32.160] and they're stuck with the way things are set up.
[01:36:34.560 --> 01:36:38.320] We need to go after the ones who set things up. That's why I'm going after these judges.
[01:36:41.280 --> 01:36:45.920] They're the ones who set the rules, so if one of their people violates the rules,
[01:36:45.920 --> 01:36:47.840] I want to go after the judge who set the rules.
[01:36:52.560 --> 01:36:53.840] It got real quiet out there.
[01:36:57.440 --> 01:36:58.320] Am I still on?
[01:36:58.960 --> 01:36:59.600] Ted, are you with us?
[01:37:01.920 --> 01:37:08.640] There's all kinds of people working for the government. It's just a microcosm of our
[01:37:08.640 --> 01:37:14.240] country. So you've got good people and bad people. And if you want to be a pain in the butt,
[01:37:16.400 --> 01:37:19.840] it's really easy to be a pain in the butt when you're a government employee.
[01:37:19.840 --> 01:37:23.120] You can give people a hard time, just like this previous caller.
[01:37:23.120 --> 01:37:26.240] Those people could have helped her. She could be all set up right now.
[01:37:26.800 --> 01:37:32.160] And this thing that I sent you the link, and you can forward it to her,
[01:37:33.040 --> 01:37:37.760] you read it, it says right on there, you don't even have to get the judge's permission
[01:37:38.960 --> 01:37:44.400] to have an ECF user account. And so you can just do it.
[01:37:45.440 --> 01:37:51.120] And actually, as I scrolled down, the step-by-step instructions are part of that link I sent you
[01:37:51.120 --> 01:37:58.880] guys. And it's just unfortunate she ran into somebody. And she's probably used to, like me
[01:37:58.880 --> 01:38:05.200] as well, butting heads with some of these people. But yeah, I've found all kinds.
[01:38:06.240 --> 01:38:13.040] Come on. I had early on somebody from the Superior Court give me an anonymous phone call
[01:38:13.040 --> 01:38:21.840] and told me, watch out. You know, so Judge Mnuchin flipped out because Marshall served him.
[01:38:21.840 --> 01:38:26.640] You better watch out. And I don't know who that person is to this day.
[01:38:28.400 --> 01:38:31.920] That's cool. That is so good to hear.
[01:38:32.400 --> 01:38:41.200] I've had a public official once that I had developed a good rapport and level of trust with.
[01:38:42.960 --> 01:38:52.080] And he told me something he did. And I said, holy mackerel, are you out of your mind?
[01:38:52.960 --> 01:38:56.240] He said, that can get you disbarred. That can get you in jail.
[01:38:56.320 --> 01:38:59.120] That can get you disbarred. That can get you in jail.
[01:39:00.560 --> 01:39:10.560] He said, I know. But what was going on was just wrong. And I could not let it be.
[01:39:13.200 --> 01:39:17.120] This is someone deep in the court system, and I would have never expected it.
[01:39:18.800 --> 01:39:23.200] There are really good people out there. They're trapped inside a system they didn't create.
[01:39:23.200 --> 01:39:29.920] And with that said, that does not mean you have to cut them slack.
[01:39:32.320 --> 01:39:38.800] Sometimes you have to kick them in the butt so that they have plausible deniability.
[01:39:38.800 --> 01:39:45.760] You go fix something. I talked to a policeman here in Texas, and he told me something.
[01:39:45.760 --> 01:39:57.120] This is a guy I'm helping with a lawsuit, that there is something in the rules of professional
[01:39:57.120 --> 01:40:05.760] conduct that requires a policeman to report bad conduct by another policeman. I told him about
[01:40:05.760 --> 01:40:17.600] this statute in Colorado that made it a crime for a police officer to not report bad behavior
[01:40:17.600 --> 01:40:25.360] by another police officer, and told him about this video I saw of this woman being stopped
[01:40:25.360 --> 01:40:31.200] by a policeman, a frail, she might have been 90 pounds, walking down the side of a road.
[01:40:31.760 --> 01:40:37.680] And a policeman stopped her and wanted to see her receipt because he didn't believe
[01:40:37.680 --> 01:40:44.320] she paid for some stuff she got from Walmart. That's unheard of. And clearly this woman had
[01:40:44.320 --> 01:40:51.280] dementia. She was old and frail. He wound up arresting her, and she struggled because she
[01:40:51.280 --> 01:40:57.280] was confused. He broke her wrist. I'll pick this up on the other side. This is a good story.
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[01:43:23.520 --> 01:43:30.640] Some things in this world I will never understand. Some things I realize fully.
[01:43:32.080 --> 01:43:39.040] Somebody's on a police, a policeman. Somebody's on a police, a police.
[01:43:40.560 --> 01:43:45.680] Okay, we are back. Randy Kelton, Fountain Rule of Law Radio. I didn't realize this is our last
[01:43:45.680 --> 01:43:51.280] segment already. I'll go quickly with the story. This little, this woman was just tiny and frail
[01:43:51.840 --> 01:43:57.200] and kind of broke my heart to watch this cop pushing her around. He calls, she resists him
[01:43:57.200 --> 01:44:01.440] because she's obviously confused. She doesn't understand what's happening. So he calls for
[01:44:01.440 --> 01:44:07.920] backup. A citizen pulled over and went up to the policeman asking him, what the heck is going on
[01:44:07.920 --> 01:44:14.960] here? Because that's how outrageous it appeared from someone driving down the street. And he went
[01:44:14.960 --> 01:44:20.080] talked to him and was real calm and handled himself well with this guy. And this guy said,
[01:44:20.080 --> 01:44:26.080] okay. And he left. The female cop that he called to help contain this woman, get her in the car.
[01:44:28.400 --> 01:44:35.680] Six months later, I see another video on this same issue. The female policewoman who came and
[01:44:35.680 --> 01:44:41.760] helped this guy contain this frail woman and put her in the car, they wound up breaking her wrist
[01:44:41.760 --> 01:44:49.760] because she had osteoporosis. They didn't realize she broke her wrist. They show her in the cell,
[01:44:49.760 --> 01:44:54.080] moaning in pain. And these cops are out here laughing and joking about arresting her.
[01:44:55.120 --> 01:45:02.800] The next time I see the video, the female cop got 180 days in jail. The cop, I think he got two years.
[01:45:04.640 --> 01:45:09.920] The female got 180 days in jail because she didn't report the male cop.
[01:45:11.440 --> 01:45:17.520] They got a statute in Colorado that requires them to report it. I told this to a policeman,
[01:45:17.520 --> 01:45:23.920] friend of mine, and he said there is a requirement in the TECOL,
[01:45:26.800 --> 01:45:31.280] something in TECOL that requires them to do that, and he's going to be sending that to me.
[01:45:33.200 --> 01:45:38.720] Oh, well, that'd be good. And it's not because we want to get the cops in trouble.
[01:45:39.760 --> 01:45:46.240] It's because now if one policeman sees another policeman acting ignorant, he can put a stop to
[01:45:46.240 --> 01:45:52.560] it and say, look, Bubba, you're going to wind up causing me to lose my certification.
[01:45:53.840 --> 01:45:59.520] So I've got to report you. I don't have any option. It eliminates the thin blue line.
[01:46:03.520 --> 01:46:07.920] Well, it gives the good guys an opportunity to help eliminate that line.
[01:46:07.920 --> 01:46:13.680] And I think we have way more good cops than we realize. We just need to give them a way
[01:46:13.920 --> 01:46:22.800] to be able to fix things. We do have Alex back on. OK, Ted, this is your time.
[01:46:24.800 --> 01:46:34.960] Well, they're dismissing my federal case. The judge granted their motion to dismiss.
[01:46:36.400 --> 01:46:42.320] He denied their motion to have me declared vexatious, said they didn't meet the burden
[01:46:42.320 --> 01:46:51.680] of proof. But one of the things as I'm reading through the opinion is that they're talking about
[01:46:51.680 --> 01:47:00.240] immunity, for one thing. And I don't think this judge truly appreciates. They don't have immunity.
[01:47:01.120 --> 01:47:07.360] They never had jurisdiction to prosecute me, and they made up a phony felony charge that doesn't
[01:47:07.360 --> 01:47:15.360] exist, and then used that for eight years and all that they did to me. And it's a wonder that I'm
[01:47:15.360 --> 01:47:33.760] even alive, honestly. Part of the reason they're saying this is over is because I filed lawsuits
[01:47:33.760 --> 01:47:46.480] I filed lawsuits previously. But I was doing it trying to survive, and the fact that I felt
[01:47:46.480 --> 01:47:52.240] they were violating my rights and not taking me to trial, and that we were way, way past
[01:47:52.240 --> 01:48:03.120] any reasonable time, and they were way outside the law. And what I realized is those other cases,
[01:48:03.120 --> 01:48:10.160] it's not res judicata, because this is a continuum. They continued to violate my rights.
[01:48:12.560 --> 01:48:14.880] Are you getting your appeal together?
[01:48:16.400 --> 01:48:22.400] Well, this is the question. Do I want to first try to do a motion of reconsideration?
[01:48:23.120 --> 01:48:26.400] Absolutely. Absolutely. Stops the clock on appeal.
[01:48:26.400 --> 01:48:36.240] Okay, the reason is, and this is for everyone, what am I exactly going to appeal? I don't have
[01:48:36.240 --> 01:48:42.560] anything in the record. That's why you asked for reconsideration. You say that the court failed to
[01:48:43.680 --> 01:48:50.400] they gave you a judgment. Did the judgment address anything with facts and law?
[01:48:51.040 --> 01:48:58.480] Yes. And it's really, that's strange how they did that, too. You're asking really good questions.
[01:48:58.480 --> 01:49:05.760] They gave a judgment that's like two sentences. Judgment for the defendant against the plaintiff.
[01:49:07.360 --> 01:49:17.360] That's not a judgment. That's an order. That's the ruling against you. A judgment is finding
[01:49:17.440 --> 01:49:25.200] a fact and conclusion to law. They have to say what facts they relied on and how they applied
[01:49:25.200 --> 01:49:30.240] the law to those facts. Otherwise, how are you supposed to be able to appeal a judgment?
[01:49:31.840 --> 01:49:35.920] Well, the way they've set this up is that they don't want me to appeal it.
[01:49:36.480 --> 01:49:41.360] Of course they don't. Who cares? Well, I mean the court and that the
[01:49:41.440 --> 01:49:49.600] the this was dismissed with prejudice and I wasn't allowed even a first amended complaint.
[01:49:50.640 --> 01:49:57.760] Then file your demand for findings of facts and conclusions in law. Provide your own findings of
[01:49:57.760 --> 01:50:06.960] fact. This is your precursor to appeal. So you provide, you prepare a findings of fact and
[01:50:06.960 --> 01:50:13.840] conclusions at law and ask the court to provide you with findings of fact and conclusions or
[01:50:13.840 --> 01:50:20.480] accept yours. Now they're going to deny it, but this gets you halfway toward an appeal
[01:50:20.480 --> 01:50:24.880] and then when they deny it, it resets the appeal clock. So it buys you more time.
[01:50:25.040 --> 01:50:34.000] Okay. You know, I, I'll have to read through it. You have to read these several times.
[01:50:35.040 --> 01:50:42.240] I'm looking at this, this order granting motion to dismiss and denying the pre-filing motion.
[01:50:42.800 --> 01:50:51.680] It's 20 pages long, actually. And I don't like that he combined the defendants made
[01:50:52.160 --> 01:51:01.120] the defendants made two motions and I don't like it that the judge combined both motions into,
[01:51:02.400 --> 01:51:08.320] you know, one, whatever you want to call this, that's an order granting motion to dismiss.
[01:51:08.960 --> 01:51:16.400] I don't like that he combined them because it muddies up, you know, what is what.
[01:51:16.400 --> 01:51:18.320] Raise, raise that in your appeal.
[01:51:20.960 --> 01:51:25.120] Raise it in your motion for findings of fact and conclusions.
[01:51:26.720 --> 01:51:32.560] You prepare your own and say, you know, address this combining them as inappropriate,
[01:51:33.520 --> 01:51:43.360] provide your own case law and in his, in their order, in their judgment, did they provide any
[01:51:43.360 --> 01:51:51.600] case law at all? Yes. Yeah. And they're talking about younger abstention and, you know, they,
[01:51:53.200 --> 01:51:58.640] did you pull up all their case law and check to make sure that it says what they said it said?
[01:52:00.000 --> 01:52:06.000] I haven't been able to do that yet. Do that first. You may be surprised.
[01:52:06.000 --> 01:52:11.200] You're going to have fun with that. 80% of the trash they put out there is just garbage.
[01:52:12.000 --> 01:52:19.680] And if you can show that they relied on bad case law, mandamus or an appeal will get you
[01:52:19.680 --> 01:52:25.040] right back into court. When you pull up all their stuff, Ted, you're going to start giggling because
[01:52:26.800 --> 01:52:33.280] they so often make a big mess out of that. Not only do they cite things that are not on point,
[01:52:33.280 --> 01:52:36.800] but they will say that a case says something it doesn't say.
[01:52:36.880 --> 01:52:43.920] I'm looking into these cases. If they cite a case, I go in the case and try to find it.
[01:52:43.920 --> 01:52:53.360] 80% of the time I don't. I find a sentence fragment of the attorney general, first page,
[01:52:53.360 --> 01:53:03.120] first paragraph, cites a 20-year-old case unpublished, pulled a sentence fragment
[01:53:04.000 --> 01:53:09.440] that if you put the dependent clause back on the sentence, it made the sentence say something else.
[01:53:10.160 --> 01:53:17.040] And if you put the sentence into the paragraph it came out, it was totally different. This was
[01:53:17.680 --> 01:53:26.000] insane. Look them all up and document all their mess that they made. You're going to have fun.
[01:53:26.000 --> 01:53:30.400] You'll be smiling. That will get you back into court.
[01:53:31.360 --> 01:53:35.280] When you say they, it's the judge that's citing these cases.
[01:53:35.280 --> 01:53:41.840] The judge, yeah. The judge uses the trash that the prosecutors give him.
[01:53:41.840 --> 01:53:50.640] He don't check all those cases. You go check the cases and 80% that I got from the attorney general
[01:53:51.360 --> 01:54:00.320] was trash. It was amazing how screwed up their case law is. So first thing you do is check
[01:54:00.320 --> 01:54:07.120] all the case law and that does not take long. It used to, but now give me a case 30 seconds.
[01:54:07.120 --> 01:54:15.760] I got it ripped to shreds. Go to case text. Case text is great. You just put in case text,
[01:54:15.760 --> 01:54:21.360] the case number, get the case. Then you search for whatever they cited out of it.
[01:54:21.360 --> 01:54:26.960] Most of the time it's not going to be in there. So then you'll have to take the sentence apart
[01:54:26.960 --> 01:54:32.400] and find words in there that you can find in the original case because they paraphrased it.
[01:54:33.920 --> 01:54:37.120] When you find what they paraphrased, they paraphrased it.
[01:54:39.520 --> 01:54:45.040] It is amazing how messed up their case law is. That gives us a tremendous advantage.
[01:54:45.840 --> 01:54:51.920] So do that first. Take the judge's judgment and rip it apart for him.
[01:54:51.920 --> 01:54:56.720] I think you'll call us back next week,
[01:54:56.720 --> 01:55:02.240] chuckling and laughing at what you find. I'll call you back tomorrow.
[01:55:03.440 --> 01:55:07.600] Good, good, good, good. Get on it today. Let's talk about that tomorrow. This would be great.
[01:55:10.240 --> 01:55:17.920] Just remember that the defendant, you cited a case for fixation and it turned out that
[01:55:17.920 --> 01:55:20.640] that case had been overturned by the appellate court.
[01:55:21.280 --> 01:55:23.520] Well, that should get a motion for sanctions.
[01:55:24.480 --> 01:55:27.040] And I did and they totally ignored my-
[01:55:27.040 --> 01:55:32.000] That's okay. You just keep pushing them. When you get to the appellate court, things change.
[01:55:32.960 --> 01:55:38.720] Okay. Thank you all for listening. We are out of time. Randy Kelton, Bretton Fountain,
[01:55:38.720 --> 01:55:44.240] Rule of Law Radio. We'll be back tomorrow night on our four hour info marathon.
[01:55:44.240 --> 01:55:50.400] Thank you all for listening and good night.