ROL_2026-03-13_16k.timecode

Detecting language using up to the first 30 seconds. Use `--language` to specify the language
Detected language: English
[00:00.000 --> 00:10.700]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[00:10.700 --> 00:14.240]  YOU CHUCK IT ON THAT ONE, YOU CHUCK IT ON ITS ONE ук nú nú
[00:14.240 --> 00:16.360]  YOU CHUCK IT ON YOUR MOTHER AND YOU CHUCK IT ON YOUR FATHER
[00:16.360 --> 00:18.760]  YOU CHUCK IT ON YOUR BROTHER AND YOU CHUCK IT ON YOUR SISTER
[00:18.760 --> 00:21.460]  YOU CHUCK IT ON THAT ONE AND YOU CHUCK IT ON ME
[00:21.460 --> 00:26.840]  bad boys bad boys, whatchu gonna do, whatchu gonna do when they come for you
[00:26.840 --> 00:32.240]  bad boys bad boys, whatchu gonna do, whatchu gonna do when they come for you
[00:32.240 --> 00:37.740]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[00:37.740 --> 00:41.740]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do?
[00:41.740 --> 00:52.740]  Okay, howdy, howdy, Wayne DeKelton, Brett Fountain, Wheelbar Radio, on this Friday the 13th, day of March 2026.
[00:52.740 --> 00:55.740]  Brett's not here yet, but he'll be here shortly.
[00:56.240 --> 01:00.240]  Phone lines are open, I'm turning them on now.
[01:00.240 --> 01:08.740]  If you have a question or a comment, give us a call, our call-in number, 512-646-1984.
[01:08.740 --> 01:17.740]  And I was talking to someone earlier, and they wanted me to talk about AI.
[01:17.740 --> 01:21.740]  I've been learning how to use AI.
[01:21.740 --> 01:26.740]  AI has improved dramatically.
[01:26.740 --> 01:36.740]  I'm using one that costs 10 bucks a month, and it's a legal AI.
[01:36.740 --> 01:39.740]  And I'm amazed at how well it does.
[01:39.740 --> 01:47.740]  I have yet to find a single citation that it got in correctly.
[01:47.740 --> 01:58.740]  It even went so far as to have it, once it built me a reading,
[01:58.740 --> 02:03.740]  I asked it to go in and look at all of the citations that it referenced,
[02:03.740 --> 02:13.740]  and give me the page number of the specific reference, and it did it.
[02:13.740 --> 02:20.740]  I asked it to go in and put hyperlinks on all of the references, and it did that.
[02:20.740 --> 02:30.740]  I asked it to look at Milton Erickson and neuro-linguistic programming,
[02:30.740 --> 02:36.740]  hypnotic tools and techniques, and apply those to the document.
[02:36.740 --> 02:42.740]  Ascendants, consonants, alliteration, rhyme and meter,
[02:42.740 --> 02:51.740]  a whole list of embedded commands, all kind of stuff, and it did it.
[02:51.740 --> 02:57.740]  I did not write a single word of this.
[02:57.740 --> 03:01.740]  I gave AI a statement of facts,
[03:01.740 --> 03:09.740]  and then I told AI what allegations I wanted it to make,
[03:09.740 --> 03:13.740]  and then once it made them, then I looked at it and I said,
[03:13.740 --> 03:18.740]  okay, you made this, you addressed this specific allegation here,
[03:18.740 --> 03:24.740]  address it from the perspective of this statute or this piece of case law,
[03:24.740 --> 03:28.740]  and it would go back in and readjust it to that.
[03:28.740 --> 03:32.740]  Here, this has a list.
[03:32.740 --> 03:38.740]  Let me see if I can find that list of tools that it used to construct this.
[03:38.740 --> 03:46.740]  Frankly, I thought it was pretty well amazing what it was able to do.
[03:46.740 --> 03:54.740]  Ericksonian patterns, artfully vague.
[03:54.740 --> 03:59.740]  This guy Erickson was the foremost hypnotherapist of his time,
[03:59.740 --> 04:04.740]  and he primarily did conversational induction.
[04:04.740 --> 04:07.740]  He'd take you and bring you out to never know you'd been there.
[04:07.740 --> 04:09.740]  He had all these tools.
[04:09.740 --> 04:12.740]  Well, he didn't describe them very good, but he got these other two guys,
[04:12.740 --> 04:17.740]  Grinder and Bandelier, to model what he did,
[04:17.740 --> 04:23.740]  and then they came up with all these descriptions of what he did.
[04:23.740 --> 04:27.740]  I have a list of them here, being artfully vague.
[04:27.740 --> 04:31.740]  Use of sentences that can be parsed in multiple ways
[04:31.740 --> 04:34.740]  so the listener feels in the meaning.
[04:34.740 --> 04:40.740]  That's not the list I want. Here we go.
[04:40.740 --> 04:47.740]  Use of pronouns and demonstratives, demonstratives without clear reference
[04:47.740 --> 04:52.740]  so meaning is completed by the listener.
[04:52.740 --> 04:57.740]  First I had it do assonance, consonance, alliteration, rhyme, and meter,
[04:57.740 --> 05:02.740]  and then these tools, which are embedded commands,
[05:02.740 --> 05:06.740]  is one of the most powerful, and he put it right in there.
[05:06.740 --> 05:11.740]  Here's the first, the paragraph in the induction, it says,
[05:11.740 --> 05:16.740]  this is a story that needs to be told, and as you read these words,
[05:16.740 --> 05:20.740]  you will begin to understand how a system designed to protect
[05:20.740 --> 05:24.740]  can be turned toward a darker purpose.
[05:24.740 --> 05:29.740]  Now someone who's not familiar with these tools won't recognize what that is.
[05:29.740 --> 05:34.740]  As you read these words, you will begin to.
[05:34.740 --> 05:41.740]  That is the command, an embedded command that goes right past the conscious awareness.
[05:41.740 --> 05:48.740]  This whole thing is, this whole wording here, it made it up.
[05:48.740 --> 05:53.740]  I didn't write any of this, I just gave it a set of facts,
[05:53.740 --> 05:59.740]  and said, based on this, I want to charge them with this thing here,
[05:59.740 --> 06:02.740]  and I'll give it a list of things I want to charge them with,
[06:02.740 --> 06:04.740]  and it opened up a pleading.
[06:04.740 --> 06:08.740]  And then I went in and said, okay, you address this section here,
[06:08.740 --> 06:15.740]  I'd like you to address this section in consideration of Walker v. Packer,
[06:15.740 --> 06:18.740]  wherein the judge failed to form a duty as required to form,
[06:18.740 --> 06:25.740]  and bring me an allegation of official misconduct
[06:25.740 --> 06:28.740]  for failing to properly apply the law to the facts.
[06:28.740 --> 06:33.740]  Give it to it, and it crafted it right out.
[06:33.740 --> 06:41.740]  Turns out, AI is getting to where it is very powerful,
[06:41.740 --> 06:46.740]  but you need to learn how to talk to it.
[06:46.740 --> 06:53.740]  Here, I have a very large pleading, and I'm not sure exactly how many pages it is.
[06:53.740 --> 06:55.740]  See, 13 pages.
[06:55.740 --> 07:05.740]  It's a federal suit against Victoria County and against the federal courts.
[07:05.740 --> 07:09.740]  And I did not write a single word.
[07:09.740 --> 07:11.740]  I just told it what I wanted it to do.
[07:11.740 --> 07:15.740]  It did a better job than I could have done.
[07:15.740 --> 07:18.740]  So if we're going to start writing, doing legal pleading,
[07:18.740 --> 07:21.740]  you really need to learn how to use AI.
[07:21.740 --> 07:23.740]  It's all about the prompt.
[07:23.740 --> 07:28.740]  And I'm getting less concerned about the power of AI,
[07:28.740 --> 07:34.740]  because AI has some serious weaknesses.
[07:35.740 --> 07:38.740]  I have a tech guy working with me.
[07:38.740 --> 07:44.740]  He specializes in AI, and he was saying that AI left it to itself.
[07:44.740 --> 07:53.740]  Without a human operator, we'll always crash 100% of the time, every time.
[07:53.740 --> 07:57.740]  That's because AI will put things together and make a decision.
[07:57.740 --> 07:59.740]  And based on that decision, it'll make another decision,
[07:59.740 --> 08:02.740]  and on that one, it'll make another decision.
[08:02.740 --> 08:08.740]  If one of those is wrong, AI will never, ever figure it out.
[08:08.740 --> 08:14.740]  And if it's wrong, it'll cause other errors to compound themselves,
[08:14.740 --> 08:22.740]  and eventually AI will crash, because there's something AI can't do.
[08:22.740 --> 08:24.740]  And as far as I know, only humans can do this.
[08:24.740 --> 08:28.740]  And the example I like to use is benzene ring.
[08:28.740 --> 08:35.740]  In organic chemistry, they were having a lot of trouble in the 30s
[08:35.740 --> 08:39.740]  with a portion of organic chemistry.
[08:39.740 --> 08:43.740]  They couldn't get it figured out, and this guy had worked on it for 10, 15 years.
[08:43.740 --> 08:48.740]  He was in a subway going home in New York, and he dozed off,
[08:48.740 --> 08:55.740]  and he dreamt about six snakes chasing each other's tails in a circle.
[08:55.740 --> 09:04.740]  And he woke up, and he reached out into the ether, and he pulled out this epiphany.
[09:04.740 --> 09:09.740]  Nothing in their science pointed directly at this,
[09:09.740 --> 09:15.740]  but he was able to look at this mass of information and reach inside
[09:15.740 --> 09:19.740]  and pull out this realization, the benzene ring.
[09:19.740 --> 09:22.740]  And it completely changed organic physics.
[09:22.740 --> 09:29.740]  That is something AI, so far as we can tell, will never be able to do.
[09:29.740 --> 09:36.740]  We humans have a capacity not to just look at a database,
[09:36.740 --> 09:39.740]  which our brain is effectively a huge database,
[09:39.740 --> 09:43.740]  and consider one fact and another and another.
[09:43.740 --> 09:49.740]  We seem to have a way of going in and holistically looking at the whole thing
[09:49.740 --> 09:54.740]  and pulling out what I call epiphanies, realizations.
[09:54.740 --> 10:00.740]  So I'm more comfortable with AI because it's pretty clear it can't do that.
[10:00.740 --> 10:06.740]  It can get more sophisticated as we increase the sophistication of our algorithms,
[10:06.740 --> 10:13.740]  but it may eventually outdo us, but that's a long way off.
[10:13.740 --> 10:17.740]  Anyway, with that said, we look at what we have now.
[10:17.740 --> 10:22.740]  Now, it is increasing in sophistication very quickly,
[10:22.740 --> 10:30.740]  and this lawsuit it created for me, you know, I got a lot of experience doing this.
[10:30.740 --> 10:34.740]  I wrote lots and lots of documents.
[10:34.740 --> 10:38.740]  Next to AI, I'm a chump.
[10:38.740 --> 10:46.740]  I told it to go in and set the document to meter.
[10:46.740 --> 10:51.740]  Set a meter that is comfortable for human beings to read,
[10:51.740 --> 11:00.740]  comfortable for a 13-year-old who has no prior knowledge of law.
[11:00.740 --> 11:06.740]  Write it from that perspective and set a meter.
[11:06.740 --> 11:10.740]  In meter, they count the syllable sounds in a sentence.
[11:10.740 --> 11:17.740]  Iambic pentameter.
[11:17.740 --> 11:19.740]  The third time you go through that and you're reading it,
[11:19.740 --> 11:23.740]  the brain will pick up that pattern
[11:23.740 --> 11:29.740]  and will expect the last syllable sound to land on the meter.
[11:29.740 --> 11:31.740]  It's like when you listen to music.
[11:31.740 --> 11:37.740]  For a while, country western music, it's like they lost something.
[11:37.740 --> 11:40.740]  They had music over here and had lyrics over here,
[11:40.740 --> 11:43.740]  and the two didn't seem to have anything to do with each other.
[11:43.740 --> 11:46.740]  It's like this guy is singing and he's got music in the background
[11:46.740 --> 11:48.740]  that has nothing to do with the song.
[11:48.740 --> 11:52.740]  And finally, they've moved back to real music.
[11:52.740 --> 11:57.740]  Anybody's ever heard this song, Starry Starry Night?
[11:57.740 --> 12:01.740]  Starry Starry Night, it's about Vincent Van Gogh,
[12:01.740 --> 12:06.740]  and it is a prime example of meter.
[12:06.740 --> 12:13.740]  Starry Starry Night, paint your palette green and gray.
[12:13.740 --> 12:21.740]  Look out on a summer's day with eyes that know the darkness in my soul.
[12:21.740 --> 12:28.740]  And then the next stanza exactly matches that meter.
[12:28.740 --> 12:29.740]  The whole song is that way.
[12:29.740 --> 12:33.740]  You can sing the song acapella as easily,
[12:33.740 --> 12:37.740]  and it sounds as good as if it has music behind it,
[12:37.740 --> 12:42.740]  because meter occupies a part of the mind
[12:42.740 --> 12:46.740]  that pays attention to the meter that's not in consciousness.
[12:46.740 --> 12:54.740]  If you take a pose, a written document, and set that to meter,
[12:54.740 --> 12:57.740]  the reader is reading the document,
[12:57.740 --> 13:03.740]  but another part of the mind recognized that cadence.
[13:03.740 --> 13:06.740]  I wrote her a letter to the Chief of Police of Fort Worth
[13:06.740 --> 13:07.740]  and set it to meter.
[13:07.740 --> 13:09.740]  First sentence.
[13:09.740 --> 13:11.740]  Are you being harassed by debt collectors
[13:11.740 --> 13:14.740]  with phone calls, letters, or even lawsuits?
[13:14.740 --> 13:18.740]  Stop debt collectors now with the Michael Mears proven method.
[13:18.740 --> 13:22.740]  Michael Mears has won six cases in federal court against debt collectors,
[13:22.740 --> 13:23.740]  and now you can win too.
[13:23.740 --> 13:26.740]  You'll get step-by-step instructions in plain English
[13:26.740 --> 13:29.740]  on how to win in court using federal civil rights statutes,
[13:29.740 --> 13:33.740]  what to do when contacted by phone, mail, or court summons,
[13:33.740 --> 13:35.740]  how to answer letters and phone calls,
[13:35.740 --> 13:38.740]  how to get debt collectors out of your credit report,
[13:38.740 --> 13:42.740]  how to turn the financial tables on them and make them pay you to go away.
[13:42.740 --> 13:47.740]  The Michael Mears proven method is the solution for how to stop debt collectors.
[13:47.740 --> 13:50.740]  Personal consultation is available as well.
[13:50.740 --> 13:53.740]  For more information, please visit ruleoflawradio.com
[13:53.740 --> 13:55.740]  and click on the blue Michael Mears banner
[13:55.740 --> 13:58.740]  or email michaelmears at yahoo.com.
[13:58.740 --> 14:00.740]  That's ruleoflawradio.com
[14:00.740 --> 14:06.740]  or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[14:06.740 --> 14:09.740]  to learn how to stop debt collectors now.
[14:09.740 --> 14:13.740]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[14:13.740 --> 14:16.740]  In today's America, we live in an us-against-them society,
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[14:18.740 --> 14:21.740]  then we're going to have to stand and defend our own rights.
[14:21.740 --> 14:24.740]  Among those rights are the right to travel freely from place to place,
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[15:21.740 --> 15:26.740]  The Texas Transportation Code
[15:51.740 --> 15:56.740]  The Texas Transportation Code
[16:15.740 --> 16:17.740]  Okay, we are back.
[16:18.740 --> 16:21.740]  Rule of Law Radio, front lines are open.
[16:21.740 --> 16:26.740]  I call it number 512-646-1984.
[16:26.740 --> 16:34.740]  And I'm kind of excited about the advances we're making with AI
[16:34.740 --> 16:38.740]  so that you and I as ordinary individuals,
[16:38.740 --> 16:42.740]  we don't have to be lawyers to be able to create
[16:42.740 --> 16:46.740]  well-structured legal documents.
[16:47.740 --> 16:50.740]  So if anybody has any questions about it,
[16:50.740 --> 16:53.740]  Paul in the show will talk about it over the air.
[16:53.740 --> 16:56.740]  Brett, you had something you wanted to address.
[16:56.740 --> 16:58.740]  I did?
[16:58.740 --> 17:00.740]  Yeah, I think you did.
[17:00.740 --> 17:03.740]  I'll put you on that dime regardless.
[17:03.740 --> 17:05.740]  All right. Well, I'll tell you what,
[17:05.740 --> 17:08.740]  we didn't really finish talking last night.
[17:08.740 --> 17:13.740]  We started out talking about when you go to the court clerk.
[17:13.740 --> 17:15.740]  Somebody had asked me if we could talk about
[17:15.740 --> 17:19.740]  going to the court clerk when you have a warrant.
[17:19.740 --> 17:28.740]  And there are things that you could do, probably shouldn't.
[17:28.740 --> 17:32.740]  I would never call if you think you have a warrant.
[17:32.740 --> 17:37.740]  Don't call in advance and tell them that you're going to be there at a certain time.
[17:37.740 --> 17:39.740]  It's just asking for trouble.
[17:39.740 --> 17:42.740]  Yeah, they're going to have a bit of waiting for you.
[17:42.740 --> 17:47.740]  And when you go in there, don't stir up any kind of trouble.
[17:47.740 --> 17:52.740]  Anything that looks to them like out of the ordinary.
[17:52.740 --> 17:57.740]  You're trying to teach the court clerk about the law,
[17:57.740 --> 18:06.740]  or you're trying to tell them that the court is just an administrative something-something
[18:06.740 --> 18:10.740]  and the judge is nothing more than a glorified clerk.
[18:10.740 --> 18:17.740]  That kind of talk combined with an active warrant is not a good combination.
[18:17.740 --> 18:21.740]  You're going to just, you're asking for them to just put you in jail.
[18:21.740 --> 18:29.740]  Now I know, and you know, that a warrant is not for people to be jailed.
[18:29.740 --> 18:35.740]  The whole point of the warrant is to get the subject in front of the magistrate,
[18:35.740 --> 18:37.740]  the issuing magistrate,
[18:37.740 --> 18:42.740]  because presumably somebody has come to the magistrate with a sworn complaint
[18:42.740 --> 18:46.740]  and there still needs to be a probable cause determination hearing.
[18:46.740 --> 18:53.740]  So that magistrate is supposed to drag you in there in front of him, not into a jail,
[18:53.740 --> 19:00.740]  in front of him so that you can talk about this and set up a probable cause hearing.
[19:00.740 --> 19:07.740]  And so you and I know that that's the purpose of the warrant.
[19:07.740 --> 19:15.740]  However, most law enforcement has no idea that's what the purpose of the warrant is.
[19:15.740 --> 19:18.740]  Even though it says it in black and white on the warrant,
[19:18.740 --> 19:20.740]  they're not going to read it and they're not going to do it.
[19:20.740 --> 19:22.740]  They're going to take you to jail.
[19:22.740 --> 19:32.740]  Yes, the warrant will always say, arrest this person and bring him before me
[19:32.740 --> 19:38.740]  in Article 15.16, Texas Code of Criminal Procedure, arrest the warrant.
[19:38.740 --> 19:46.740]  It requires the arresting officer to take the person directly to the nearest magistrate.
[19:46.740 --> 19:51.740]  But their policy says something else.
[19:51.740 --> 20:00.740]  Yeah, so your point, the whole point in going, and I'm just speaking from experience,
[20:00.740 --> 20:04.740]  I go and I don't want to stir up trouble.
[20:04.740 --> 20:12.740]  I want to, not in that way, because I know that their training is unlawful
[20:12.740 --> 20:17.740]  and it's going to put me behind bars.
[20:17.740 --> 20:20.740]  It's not supposed to, according to the law, that's not an option.
[20:20.740 --> 20:24.740]  They can't take you to jail.
[20:24.740 --> 20:27.740]  There's no place that authorizes them to do that.
[20:27.740 --> 20:31.740]  What would be authorized is if they get you in front of the magistrate,
[20:31.740 --> 20:36.740]  and the magistrate says, hey, you know what, I've found probable cause to exist.
[20:36.740 --> 20:38.740]  I've held a bail hearing.
[20:38.740 --> 20:43.740]  This guy is not able to put up any bail.
[20:43.740 --> 20:46.740]  I think he's a flight risk and he is not, he doesn't have any collateral.
[20:46.740 --> 20:50.740]  He can't put up anything to secure his appearance.
[20:50.740 --> 20:54.740]  So I'm going to issue an order of commission.
[20:54.740 --> 20:57.740]  I want you to commit this guy to custody.
[20:57.740 --> 20:59.740]  That's a totally different document.
[20:59.740 --> 21:01.740]  That's not an arrest warrant.
[21:01.740 --> 21:05.740]  That's a commitment order.
[21:05.740 --> 21:09.740]  So if the judge were to go through all those due process steps
[21:09.740 --> 21:14.740]  and find that you need to be held in custody
[21:14.740 --> 21:16.740]  because otherwise you're going to run away
[21:16.740 --> 21:19.740]  and you're not going to be coming back to your court,
[21:19.740 --> 21:23.740]  well, then that's appropriate.
[21:23.740 --> 21:29.740]  Anyway, so what you do, that's what you don't do,
[21:29.740 --> 21:34.740]  but what you do is go in there, ask to see the magistrate.
[21:34.740 --> 21:38.740]  Well, the court clerk is going to tell you that the magistrate's not here.
[21:38.740 --> 21:40.740]  He's not available.
[21:40.740 --> 21:43.740]  He or she, if you want to talk to the judge,
[21:43.740 --> 21:46.740]  you've got to enter a plea of not guilty
[21:46.740 --> 21:49.740]  and we'll set a date when you can come back.
[21:49.740 --> 21:52.740]  So you say, okay, thank you very much.
[21:52.740 --> 21:54.740]  Just stay calm and polite and everything.
[21:54.740 --> 21:57.740]  And that's when you say, would you go ahead and file this?
[21:57.740 --> 21:59.740]  I've got two copies of this right here.
[21:59.740 --> 22:01.740]  And you set it down.
[22:01.740 --> 22:06.740]  Would you please file stamp my copy for me, just for my records?
[22:06.740 --> 22:10.740]  So you put down on the desk there, on the counter,
[22:10.740 --> 22:17.740]  two copies of a motion to lift the warrant.
[22:17.740 --> 22:21.740]  And in that motion, you're giving good grounds,
[22:21.740 --> 22:23.740]  just like you do with any motion,
[22:23.740 --> 22:28.740]  you have to say why you're moving the court to do something.
[22:28.740 --> 22:32.740]  And in that motion, you just go ahead and say,
[22:32.740 --> 22:35.740]  I showed up on such and such a day,
[22:35.740 --> 22:38.740]  whatever that day is that you're filing this document.
[22:38.740 --> 22:43.740]  I showed up, the magistrate was unavailable.
[22:43.740 --> 22:51.740]  And please issue a summons if this court still has something to talk to me about.
[22:51.740 --> 22:56.740]  You have, by that, you've given the court a good reason to lift the warrant.
[22:56.740 --> 22:59.740]  There's no guarantee they'll do the right thing,
[22:59.740 --> 23:05.740]  but that's the best you could do in that situation.
[23:05.740 --> 23:08.740]  Generally, if you've gotten a ticket or something,
[23:08.740 --> 23:13.740]  and then you get notified that there's a warrant for failure to appear,
[23:13.740 --> 23:16.740]  that's the most common.
[23:16.740 --> 23:22.740]  If you appeared, then the warrant becomes moot.
[23:22.740 --> 23:29.740]  If that happens in a state that has a protection for you like Texas does,
[23:29.740 --> 23:32.740]  it says that you cannot be,
[23:32.740 --> 23:39.740]  the magistrate or the judge may not issue a warrant for failure to appear
[23:39.740 --> 23:46.740]  unless they have first called you on the phone or spoken to you face to face
[23:46.740 --> 23:53.740]  or somehow given you notice that you needed to appear right then.
[23:53.740 --> 23:55.740]  The court has to do that.
[23:55.740 --> 23:57.740]  About the cop on the side of the road,
[23:57.740 --> 24:01.740]  that was the notice to appear or promise to appear.
[24:01.740 --> 24:05.740]  That was to get you in front of the magistrate in the first place.
[24:05.740 --> 24:12.740]  But if the judge issues a warrant and it's specifically against law,
[24:12.740 --> 24:17.740]  the legislature in Texas has said that judge is not allowed to issue that warrant
[24:17.740 --> 24:19.740]  for failure to appear.
[24:19.740 --> 24:26.740]  So if he does, then you can go ahead and cite that statute as part of your grounds
[24:26.740 --> 24:33.740]  for your motion to lift the warrant.
[24:33.740 --> 24:35.740]  Does that make sense, Randy?
[24:35.740 --> 24:37.740]  I'm a little confused with that.
[24:37.740 --> 24:41.740]  You get a ticket, and this is a common thing that the courts are doing right now.
[24:41.740 --> 24:48.740]  You get a ticket, and they tell you to appear on or before a date certain.
[24:48.740 --> 24:49.740]  Right.
[24:49.740 --> 24:55.740]  And let's say you go in there the next day,
[24:55.740 --> 24:59.740]  and the clerk goes, oh, I don't have any records on you.
[24:59.740 --> 25:03.740]  You say, your problem, not my problem.
[25:03.740 --> 25:10.740]  No, that's what you think, but that's not what you say.
[25:10.740 --> 25:13.740]  That's what you think, and you smile to yourself.
[25:13.740 --> 25:16.740]  But as you talk to her, oh, okay, no problem.
[25:16.740 --> 25:19.740]  Would you go ahead and file this?
[25:19.740 --> 25:28.740]  Well, what has been happening is they will set a court date and not notice you.
[25:28.740 --> 25:32.740]  And then when you don't appear on that court date, they issue a warrant.
[25:32.740 --> 25:36.740]  So if you don't go in and plead guilty and make a deal,
[25:36.740 --> 25:39.740]  then they set a court date and don't tell you about it.
[25:39.740 --> 25:44.740]  And then when you don't show up on that court date, they issue a warrant.
[25:44.740 --> 25:45.740]  Exactly.
[25:45.740 --> 25:48.740]  I caught Rome, Texas doing that directly.
[25:48.740 --> 25:52.740]  I went into the clerk, and I said, you haven't a warrant issued for me.
[25:52.740 --> 25:55.740]  I went down to get my license renewed, and they wouldn't renew it
[25:55.740 --> 26:00.740]  because you had filed a report with the Department of Public Safety
[26:00.740 --> 26:03.740]  alleging that I had failed to appear.
[26:03.740 --> 26:05.740]  Oh, that's a false statement.
[26:05.740 --> 26:08.740]  Yeah, it is. Hang on. We'll be right back.
[26:11.740 --> 26:14.740]  It's clear cell phones have changed the way we live and work,
[26:14.740 --> 26:17.740]  but have they negatively affected our health?
[26:17.740 --> 26:19.740]  I'm Dr. Catherine Albrecht, and I'll be back in just a moment
[26:19.740 --> 26:24.740]  with new findings about how cell phones may actually alter our brain chemistry.
[26:24.740 --> 26:26.740]  Privacy is under attack.
[26:26.740 --> 26:30.740]  When you give up data about yourself, you'll never get it back again.
[26:30.740 --> 26:34.740]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[26:34.740 --> 26:36.740]  So protect your rights.
[26:36.740 --> 26:40.740]  Say no to surveillance and keep your information to yourself.
[26:40.740 --> 26:42.740]  Privacy. It's worth hanging on to.
[26:42.740 --> 26:46.740]  This public service announcement is brought to you by StartPage.com,
[26:46.740 --> 26:50.740]  the private search engine alternative to Google, Yahoo, and Bing.
[26:50.740 --> 26:53.740]  Start over with StartPage.
[26:53.740 --> 26:57.740]  Cell phones emit radio frequency energy. It's a fact.
[26:57.740 --> 27:00.740]  But whether it's dangerous to have a phone beaming this kind of radiation
[27:00.740 --> 27:02.740]  near your head has been disputed.
[27:02.740 --> 27:06.740]  Some have blamed it for brain tumors, while cell phone companies have downplayed concerns.
[27:06.740 --> 27:09.740]  Well, now the Journal of the American Medical Association
[27:09.740 --> 27:12.740]  is confirming that cell phones affect brain chemistry.
[27:12.740 --> 27:16.740]  A study of 47 volunteers showed that glucose metabolism
[27:16.740 --> 27:19.740]  in the area of the brain closest to the cell phone antenna
[27:19.740 --> 27:21.740]  increases when the cell phone is on.
[27:21.740 --> 27:24.740]  While researchers aren't sure whether this exposure causes damage,
[27:24.740 --> 27:26.740]  I'm not taking any chances.
[27:26.740 --> 27:30.740]  I always keep the phone far from my body, and I use a corded headset.
[27:30.740 --> 27:34.740]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[28:00.740 --> 28:02.740]  I believe there is more to the story.
[28:02.740 --> 28:05.740]  Bring justice to my son, my uncle, my nephew, my son.
[28:05.740 --> 28:07.740]  Go to buildingwatt.org.
[28:07.740 --> 28:11.740]  Why it fell, why it matters, and what you can do.
[28:11.740 --> 28:14.740]  Are you looking to have a closer relationship with God
[28:14.740 --> 28:16.740]  and a better understanding of His Word?
[28:16.740 --> 28:19.740]  Then tune in to LogosRadioNetwork.com on Wednesdays
[28:19.740 --> 28:22.740]  from 8 to 10 p.m. Central Time for Scripture Talk,
[28:22.740 --> 28:25.740]  where Nana and her guests discuss the Scriptures
[28:25.740 --> 28:28.740]  in accord with 2 Timothy 2.15.
[28:28.740 --> 28:30.740]  Our study to show thyself approved unto God,
[28:30.740 --> 28:32.740]  a workman that needeth not to be ashamed,
[28:32.740 --> 28:34.740]  rightly dividing the word of truth.
[28:34.740 --> 28:38.740]  Starting in January, our first hour studies are in the Book of Mark,
[28:38.740 --> 28:42.740]  where we'll go verse by verse and discuss the true Gospel message.
[28:42.740 --> 28:45.740]  Our second hour topical studies will vary each week
[28:45.740 --> 28:49.740]  with discussions on sound doctrine and Christian character development.
[28:49.740 --> 28:51.740]  We wish to reflect God's light
[28:51.740 --> 28:54.740]  and be a blessing to all those with a hearing ear.
[28:54.740 --> 28:56.740]  Our goal is to strengthen our faith
[28:56.740 --> 29:00.740]  and transform ourselves more into the likeness of our Lord and Savior Jesus.
[29:00.740 --> 29:04.740]  So tune in to Scripture Talk live on LogosRadioNetwork.com
[29:04.740 --> 29:06.740]  Wednesdays from 8 to 10 p.m.
[29:06.740 --> 29:10.740]  to inspire and motivate your studies of the Scriptures.
[29:11.740 --> 29:16.740]  You're listening to the Logos Radio Network
[29:16.740 --> 29:20.740]  at LogosRadioNetwork.com
[29:41.740 --> 29:46.740]  Citizens arrest for Mr. Bush
[29:46.740 --> 29:50.740]  Citizens arrest for detain
[29:50.740 --> 29:54.740]  Well, I need a prosecutor to come and help me
[29:54.740 --> 29:56.740]  Prosecute them wicked leaders, you see
[29:56.740 --> 29:58.740]  Them murderers are liars, them tell me
[29:58.740 --> 30:01.740]  Them are liars, they tell sweet stories
[30:01.740 --> 30:03.740]  Me not believe me, say what them tell me
[30:03.740 --> 30:06.740]  3% of Americans vote for Bush
[30:06.740 --> 30:08.740]  So how the hell you get the presidency?
[30:08.740 --> 30:11.740]  That's why I have a warrant for you
[30:11.740 --> 30:13.740]  Everybody listen carefully
[30:13.740 --> 30:15.740]  Listen to the words of the three shoes passing
[30:15.740 --> 30:19.740]  Citizens arrest for Mr. Bush
[30:19.740 --> 30:24.740]  I have a warrant for detain
[30:24.740 --> 30:29.740]  Citizens arrest for Mr. Bush
[30:29.740 --> 30:34.740]  I have a warrant for detain
[30:35.740 --> 30:37.740]  Okay, we are back.
[30:37.740 --> 30:39.740]  Randy Kelton, Brett Fountain, LogosRadio.
[30:39.740 --> 30:46.740]  I was talking about what appears to be an ongoing scam on the part of these courts.
[30:46.740 --> 30:48.740]  They will...
[30:48.740 --> 30:51.740]  Do it on a regular basis, day in, day out.
[30:51.740 --> 30:57.740]  Even if you show up within honor before 10 days,
[30:58.740 --> 31:04.740]  They will, if you don't plead guilty or no lo contendi,
[31:04.740 --> 31:09.740]  They will set a court date and won't notify you.
[31:09.740 --> 31:12.740]  And then when you don't show up, they'll issue a warrant.
[31:12.740 --> 31:18.740]  Because, ordering people, they get a warrant that scares the crap out of them.
[31:18.740 --> 31:23.740]  So they'll run down to the court and make a deal to get the court lifted.
[31:24.740 --> 31:27.740]  Or click here to pay, they make it so easy.
[31:27.740 --> 31:30.740]  If you want this warrant to go away, you can just click right here,
[31:30.740 --> 31:36.740]  Pull out your visa, there's going to be a $6.95 convenience fee, but everything will go away.
[31:36.740 --> 31:40.740]  So I go down to the court, and this is in Rome, Texas,
[31:40.740 --> 31:45.740]  And I want to get my license renewed, and I can't renew it because there's a warrant against me.
[31:45.740 --> 31:47.740]  I said, but what?
[31:48.740 --> 31:55.740]  Failure to appear in Rome. So I went to the Rome Municipal Court Clerk,
[31:55.740 --> 32:02.740]  And I said, you reported me to the Department of Public Safety, accused me of failing to appear.
[32:02.740 --> 32:04.740]  Now I can't get my license renewed.
[32:04.740 --> 32:08.740]  Oh, well, we have a warrant for you. Oh, you do.
[32:08.740 --> 32:12.740]  For what? Well, failure to appear.
[32:12.740 --> 32:17.740]  Oh, so when was I supposed to appear? And she told me.
[32:17.740 --> 32:19.740]  I don't remember getting notice for that.
[32:19.740 --> 32:25.740]  You want to show me the copy of the notice that you sent to me,
[32:25.740 --> 32:28.740]  Ordering me to appear on this date.
[32:28.740 --> 32:33.740]  Oh, well, we just sent that by regular mail, so we don't have copies of it.
[32:33.740 --> 32:42.740]  Wait a minute. You created a notice to appear and did not put evidence of that in my file?
[32:42.740 --> 32:46.740]  Well, this is our policy.
[32:46.740 --> 32:51.740]  Oh, I am going to so want to talk to your judge.
[32:51.740 --> 32:56.740]  I get to court, and I give the judge criminal complaints against the clerk.
[32:56.740 --> 33:00.740]  I want him to arrest the clerk.
[33:00.740 --> 33:06.740]  Because she did not send me notice to appear and then lied and said she did.
[33:06.740 --> 33:09.740]  Oh, they jump it up and down. But this is a standard procedure.
[33:09.740 --> 33:15.740]  We hear this all the time. Guy gets a ticket. He doesn't plead guilty right away.
[33:15.740 --> 33:18.740]  So the next thing he knows, he's got a warrant against him.
[33:18.740 --> 33:24.740]  Yeah. And even if you do show up, like same day or next day, like you said,
[33:24.740 --> 33:30.740]  Even if you do show up, you go to the court clerk and you ask to see what's in the record.
[33:30.740 --> 33:35.740]  They really want you to enter a plea. That clerk is pushing on you.
[33:35.740 --> 33:41.740]  They want you to just sign here to plead not guilty so that you can talk to the judge.
[33:41.740 --> 33:44.740]  They can set a date, get it on the schedule.
[33:44.740 --> 33:52.740]  If you get out of there and you haven't signed their document for entering a plea,
[33:52.740 --> 34:01.740]  You're liable to have somebody walking out following you to the parking lot so they can get you when you start to pull out onto the road.
[34:01.740 --> 34:04.740]  They really want you to enter that plea.
[34:04.740 --> 34:15.740]  Now, if you want to try to keep a low profile and not raise a big stink there, have something ready to file.
[34:15.740 --> 34:18.740]  Well, here's my plea.
[34:18.740 --> 34:28.740]  Even if it's the same day or next day and they don't have anything in their docket, except maybe an indication they've got a docket number based on a citation number.
[34:28.740 --> 34:31.740]  They don't even have a citation yet. It's okay.
[34:31.740 --> 34:34.740]  You'll be the first one to file into the record.
[34:34.740 --> 34:43.740]  And you can just say here, my plea is Texas Code of Criminal Procedure 27.02 subsection one.
[34:43.740 --> 34:50.740]  Motion to set aside or an exception to the indictment or information.
[34:50.740 --> 34:55.740]  So the primary pleadings are indictment or information. We know that.
[34:55.740 --> 34:59.740]  They don't necessarily know that, but that's okay.
[34:59.740 --> 35:02.740]  You have put in your plea.
[35:02.740 --> 35:06.740]  27.02 says what the defense pleadings are.
[35:06.740 --> 35:11.740]  Now, not guilty is one of them. That's down there at what? Number four.
[35:11.740 --> 35:17.740]  But right there, the very first one is, excuse me, you all have a paperwork problem.
[35:17.740 --> 35:20.740]  You're trying to have me stand and answer for something that has never been expressed.
[35:20.740 --> 35:25.740]  You got no indictment or information here.
[35:25.740 --> 35:31.740]  So imaginary primary pleadings don't deserve any response.
[35:31.740 --> 35:39.740]  If you have a challenge to the jurisdiction of the court, that must be the first thing you do.
[35:39.740 --> 35:45.740]  If you challenge the jurisdiction of the court and you can do a whole bunch of other stuff all at the same time,
[35:45.740 --> 35:53.740]  even if you file a whole stack of them, if the subject matter jurisdiction challenge is in there, then it's considered to be first.
[35:53.740 --> 36:03.740]  If you file anything else before that, if you give them a verbal plea, you've waived your subject matter jurisdiction challenge.
[36:03.740 --> 36:05.740]  They wouldn't want you to enter that plea.
[36:05.740 --> 36:07.740]  Maybe the personal jurisdiction.
[36:07.740 --> 36:14.740]  Subject matter jurisdiction, you can't waive. There's no way that you can give the court something that it doesn't have.
[36:14.740 --> 36:22.740]  Yeah. If they don't have subject matter jurisdiction, that's exactly right. You cannot give them subject matter jurisdiction.
[36:22.740 --> 36:28.740]  The Patriot community used to say that if you do this, you do that, you give them jurisdiction.
[36:28.740 --> 36:29.740]  No.
[36:29.740 --> 36:30.740]  Hogwash.
[36:30.740 --> 36:36.740]  If they don't have jurisdiction, jurisdiction cannot be conferred by agreement.
[36:36.740 --> 36:40.740]  And we have case law specifically to that effect.
[36:40.740 --> 36:48.740]  And when you challenge jurisdiction, it's not the duty of the prosecutor to prove up jurisdiction.
[36:48.740 --> 36:52.740]  Right. Even though the judge will look to the prosecutor typically.
[36:52.740 --> 36:57.740]  It is the duty of the judge. The prosecutor's not on this dime, the judge is.
[36:57.740 --> 36:58.740]  Yeah.
[36:58.740 --> 37:01.740]  If he doesn't have jurisdiction, then you sue him personally.
[37:01.740 --> 37:08.740]  That's exactly what I did in Rome, Texas. Oh, they were not hippy campers.
[37:08.740 --> 37:17.740]  You know, honestly, it does make sense, though, that the judge would look to the prosecutor because the primary pleadings,
[37:17.740 --> 37:26.740]  like when you see some of these federal documents, those are really clean and easy to see that they start out at the beginning and they have a chunk that says jurisdiction.
[37:26.740 --> 37:37.740]  And they say, here's why this particular court I'm coming to is the right court to hear this particular subject matter, because my subject matter is this.
[37:37.740 --> 37:45.740]  And the U.S. Code section, this and that says this court handles whatever declaratory judgments.
[37:45.740 --> 37:50.740]  So you tie it together right there in the primary pleadings.
[37:50.740 --> 38:00.740]  And that makes sense that if the court is sitting here trying to assert jurisdiction over you, he's going to have to look at the primary pleadings, which would have come from the plaintiff.
[38:00.740 --> 38:09.740]  The one who presented the primary pleadings to the court should have indicated to the judge, here's why this court has jurisdiction.
[38:09.740 --> 38:18.740]  And if the court is asserting jurisdiction without having any primary pleadings, well, he's out on a limb.
[38:18.740 --> 38:25.740]  Yeah. And that's why I said it the way I did. It is the responsibility of the judge, not the prosecutor.
[38:25.740 --> 38:28.740]  Now, he can get the prosecutor to do it for him.
[38:28.740 --> 38:41.740]  But if the prosecutor doesn't prove up jurisdiction for the judge, then it is the judge who is exerting or purporting to exert an authority he doesn't have, not the prosecutor.
[38:41.740 --> 38:42.740]  Right.
[38:42.740 --> 38:47.740]  The prosecutor is just a lawyer the state hired.
[38:47.740 --> 38:54.740]  So if the judge is on this dime, I'd really like the judge on the dime.
[38:54.740 --> 39:09.740]  Anyway, when you go down, if you feel like you're not guilty and you don't want to give the court jurisdiction and you want to challenge their jurisdiction, that is going to be a hurdle.
[39:09.740 --> 39:15.740]  They're going to do everything they can to squeeze you into entering a plea.
[39:15.740 --> 39:24.740]  And it's best if you have documents already prepared and say, I'm here at arm's length to the court.
[39:24.740 --> 39:31.740]  I have a challenge the subject matter jurisdiction of the court and you give them the motion.
[39:31.740 --> 39:34.740]  Do it by affidavit.
[39:34.740 --> 39:42.740]  And then depending on how smart the clerk is, if she's not very smart, she may go get the bailiff to give you a hard time.
[39:42.740 --> 39:51.740]  And if they do that to me, the second word the bailiff says to me gets a 9-1-1 call.
[39:51.740 --> 40:00.740]  I got a guy here with a gun and he is threatening me in order to force me to waive my rights.
[40:00.740 --> 40:03.740]  I want you to send somebody down here to arrest him.
[40:03.740 --> 40:05.740]  That is so much fun.
[40:05.740 --> 40:09.740]  Hang on, Randy Kelton, Brett Fountain, we'll be right back.
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[42:01.740 --> 42:10.740]  Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ.
[42:22.740 --> 42:44.740]  Alright, welcome back to the Rule of Law Radio.
[42:44.740 --> 42:46.740]  Randy Kelton, I'm Brett Fountain.
[42:46.740 --> 42:48.740]  And we don't have any callers yet.
[42:48.740 --> 42:55.740]  If you'd like to call in, it's 512-646-1984.
[42:55.740 --> 42:59.740]  Any kind of legal issues you'd like to discuss together here on the air?
[42:59.740 --> 43:03.740]  512-646-1984.
[43:03.740 --> 43:09.740]  Well, we're talking right now about what to do if you have a warrant.
[43:09.740 --> 43:19.740]  If you have a warrant, a lot of times it's a warrant for a failure to appear that, like Randy was saying, they never told you about it.
[43:19.740 --> 43:25.740]  And somehow they've dreamed up that you should have been at a court at a certain time.
[43:25.740 --> 43:28.740]  But sometimes people didn't go for whatever reason.
[43:28.740 --> 43:37.740]  They were scared or maybe somebody gave them some kind of mythology nonsense and said if you go, then you're giving them jurisdiction, so don't go or whatever.
[43:37.740 --> 43:42.740]  But for some reason, now there's a warrant for your arrest.
[43:42.740 --> 43:46.740]  And we're talking about how to handle it.
[43:46.740 --> 43:58.740]  When you go to the court clerk, how to handle it so as to minimize the likelihood that this encounter is going to end up with you in jail.
[43:58.740 --> 44:08.740]  Randy was also going into a direction about how to have more fun with them, how to set them up and hold them accountable for all the things they're about to do wrong.
[44:08.740 --> 44:12.740]  That's obviously another direction you could take too.
[44:12.740 --> 44:14.740]  And nothing wrong with that.
[44:14.740 --> 44:27.740]  I'm mostly just assuming right now that the listener is somebody who's kind of scared and doesn't really realize yet that this could be fun.
[44:27.740 --> 44:39.740]  Is more on the beginner end and is more like doesn't know how to hold anybody accountable, doesn't even know for sure that it could be fun.
[44:39.740 --> 44:44.740]  Just right now is trying to not go to jail.
[44:44.740 --> 44:54.740]  So yeah, that's where I'm aiming these thoughts and this input.
[44:54.740 --> 44:58.740]  If you've got some other input, call us and let's talk about it.
[44:58.740 --> 45:03.740]  You don't have to tell us your name, but you can give us like this.
[45:03.740 --> 45:07.740]  Hypothetically, it can be for your friend, you know.
[45:07.740 --> 45:10.740]  And we can talk about some possibilities.
[45:10.740 --> 45:17.740]  Feel out what your risk level is and what you're interested in accomplishing here.
[45:17.740 --> 45:19.740]  Are you trying to change the world?
[45:19.740 --> 45:24.740]  Are you trying to get them to recognize that you're nobody to be trifled with?
[45:24.740 --> 45:26.740]  What's the point really?
[45:26.740 --> 45:31.740]  But so just for the specific purpose of trying to get a warrant lifted.
[45:31.740 --> 45:34.740]  That's where I think it's good to go down to the court.
[45:34.740 --> 45:38.740]  You're asking to inspect the record.
[45:38.740 --> 45:46.740]  And when you do, you see that there are no primary pleadings in the record.
[45:46.740 --> 45:49.740]  So basically the state has not accused you of anything.
[45:49.740 --> 45:52.740]  They're going to act like the state has accused you of something.
[45:52.740 --> 45:55.740]  Well, heck, they've got a docket number.
[45:55.740 --> 46:01.740]  They're going to make it sound scary and big deal, but nobody commenced the case.
[46:01.740 --> 46:10.740]  Nobody came to the court presenting a document saying that Randy Kelton has, you know,
[46:10.740 --> 46:15.740]  done this, this and that, state some facts that would, you know, line up to a crime.
[46:15.740 --> 46:17.740]  Nobody has done that.
[46:17.740 --> 46:20.740]  Hold on. Let's back up a little bit.
[46:20.740 --> 46:23.740]  The officer wrote a ticket.
[46:23.740 --> 46:33.740]  And if you wait a few days, you come in and the officer has given the ticket to the clerk.
[46:33.740 --> 46:38.740]  Explain what power that has.
[46:38.740 --> 46:41.740]  Well, let's say what power it doesn't have.
[46:41.740 --> 46:43.740]  It can't commence a ticket.
[46:43.740 --> 46:46.740]  I mean, it can't commence a court case.
[46:46.740 --> 46:48.740]  That's the way they typically use it.
[46:48.740 --> 46:51.740]  They commence a court case, just poof out of thin air.
[46:51.740 --> 46:55.740]  There's no nobody from the state.
[46:55.740 --> 46:59.740]  And let me drill into this a little bit.
[46:59.740 --> 47:06.740]  The state, yes, the police officer or sheriff deputy or state trooper or somebody.
[47:06.740 --> 47:11.740]  Yes, they do have some authority as the executive branch.
[47:11.740 --> 47:18.740]  They do have some authority to exert on behalf of the state.
[47:18.740 --> 47:27.740]  However, we, the people have never, ever authorized them to present primary pleadings to a court
[47:27.740 --> 47:31.740]  and invoke the court's jurisdiction to commence a court case.
[47:31.740 --> 47:33.740]  Never.
[47:33.740 --> 47:36.740]  You're taking a step forward.
[47:36.740 --> 47:39.740]  The officer gives you this document.
[47:39.740 --> 47:41.740]  They call it a ticket.
[47:41.740 --> 47:45.740]  But the case law addressing that doesn't call it a ticket.
[47:45.740 --> 47:48.740]  They call it a summons.
[47:48.740 --> 47:57.740]  It's just a document says that you agree to appear either on this date certain or only before this date.
[47:57.740 --> 48:00.740]  And they said that's all it is, is a summons.
[48:00.740 --> 48:02.740]  So it tells you to appear.
[48:02.740 --> 48:10.740]  And that's perfectly appropriate because when the officer is saying that he has certain facts
[48:10.740 --> 48:14.740]  that would tend to show that you've committed a crime,
[48:14.740 --> 48:18.740]  well, there's got to be a judicial determination of probable cause.
[48:18.740 --> 48:24.740]  So it makes sense that you want to go and show up in front of the magistrate.
[48:24.740 --> 48:38.740]  Article 543.006 says that the officer, if you assign the citation or the summons and agree to appear,
[48:38.740 --> 48:46.740]  it says that you agree to appear before a magistrate that would have jurisdiction over the case.
[48:46.740 --> 48:54.740]  That's really deliberately confusing because a magistrate in Texas
[48:54.740 --> 49:01.740]  would have jurisdiction over any complaint, state or federal, felony or misdemeanor.
[49:01.740 --> 49:06.740]  Because the only thing a magistrate can do is hold an examining trial.
[49:06.740 --> 49:11.740]  But they rewarded that so it would be unclear.
[49:11.740 --> 49:18.740]  Well, honestly, they didn't send you to a magistrate that you have to figure out which one it is.
[49:18.740 --> 49:21.740]  They give you an address and they say show up at this courthouse.
[49:21.740 --> 49:28.740]  Yeah, but the only thing they can give you the summons for is to show up at this courthouse to appear before a magistrate.
[49:28.740 --> 49:35.740]  But they try to obscure that and make you think you're actually appearing before the judge in the case.
[49:35.740 --> 49:37.740]  Yeah, there is no case.
[49:38.740 --> 49:41.740]  I'm going, this is still just a summons.
[49:41.740 --> 49:47.740]  When you got the summons and you agree to appear before the court can get any jurisdiction,
[49:47.740 --> 49:51.740]  there are steps that must be taken and that's what Brett is going to.
[49:51.740 --> 49:54.740]  So just because you go down there don't mean they have any jurisdiction.
[49:54.740 --> 50:00.740]  There has to be stuff they do to give them jurisdiction.
[50:00.740 --> 50:02.740]  I hope that's making sense.
[50:02.740 --> 50:09.740]  Yeah, in order for any court case, not just criminal, any court case,
[50:09.740 --> 50:19.740]  there has to be first somebody, a plaintiff, come to the court and bring a controversy that that court can hear.
[50:19.740 --> 50:21.740]  The controversy has to be the right kind.
[50:21.740 --> 50:27.740]  I can't go into a tax court and ask for a divorce.
[50:27.740 --> 50:38.740]  I can't go into a municipal court and ask them to deal with this federal copyright infringement.
[50:38.740 --> 50:42.740]  Those issues have to be within the court.
[50:42.740 --> 50:47.740]  But somebody has to come to the court and present a paper, a document.
[50:47.740 --> 50:51.740]  The plaintiff is the one who does that.
[50:51.740 --> 50:56.740]  Defendants should not be the first one to put a document into a case.
[50:56.740 --> 50:59.740]  If a defendant were to try to come and put a document in first,
[50:59.740 --> 51:04.740]  it doesn't make any sense because he's responding to the first document.
[51:04.740 --> 51:07.740]  The primary pleadings are from the plaintiff.
[51:07.740 --> 51:12.740]  So in criminal cases, we don't call him plaintiff, we call him the state.
[51:12.740 --> 51:18.740]  But the officer, the peace officer, is not authorized to represent the state.
[51:18.740 --> 51:24.740]  Now, the state may call the officer up on the stand as a witness.
[51:24.740 --> 51:30.740]  That very well may happen if a court case ever gets started, legitimately, lawfully started.
[51:30.740 --> 51:34.740]  Okay, hold on. Let me clarify something.
[51:34.740 --> 51:44.740]  The officer is a citizen in the state and he can file a criminal affidavit at the court.
[51:44.740 --> 51:51.740]  But that sullens is not a criminal affidavit.
[51:51.740 --> 51:57.740]  That's the promise to appear. There has to be follow-up with a criminal affidavit.
[51:57.740 --> 52:00.740]  I'll shut up now.
[52:00.740 --> 52:07.740]  No, that's exactly right. So anybody can do a sworn complaint.
[52:07.740 --> 52:10.740]  Now, this ticket is not even that.
[52:10.740 --> 52:16.740]  This citation is not a sworn complaint either. It's neither.
[52:16.740 --> 52:25.740]  It's not anything to start a case, which would be primary pleadings from the district attorney or from a grand jury foreman.
[52:25.740 --> 52:32.740]  Primary pleadings don't come from the executive branch. They can't.
[52:32.740 --> 52:42.740]  These officers that are presenting themselves as a witness or, you know, the swearing out of the complaint, the facts on the complaint,
[52:42.740 --> 52:51.740]  that would go to someone who could draw up primary pleadings, the grand jury foreman or the district attorney or county attorney.
[52:51.740 --> 52:57.740]  But the police officer is none of those.
[52:57.740 --> 53:02.740]  This is kind of how it works. Somebody believes that a crime has been committed.
[53:02.740 --> 53:10.740]  And they go to some magistrate or to a prosecutor and they say, hey, I believe that a crime has been committed.
[53:10.740 --> 53:16.740]  And the prosecutor or the magistrate is going to say, well, you need to fill out a criminal complaint.
[53:16.740 --> 53:24.740]  And the citizen fills out the criminal complaint. Well, they're not a lawyer, so they don't necessarily know exactly what all the elements are
[53:24.740 --> 53:30.740]  or that a complaint must run in the name of the state of Texas and must state that I have reason to believe and do believe.
[53:30.740 --> 53:34.740]  They don't know all that crap. So they just give a statement to them.
[53:34.740 --> 53:44.740]  And then the prosecutor, the lawyer for the state, will take that complaint and convert it into a what, Brett?
[53:44.740 --> 53:53.740]  It will take a sworn complaint and draw up an information based on that complaint or complaints, plural, if there are.
[53:53.740 --> 54:01.740]  You might need to piece multiple complaints together to make one information if the one person didn't have all the facts, right?
[54:01.740 --> 54:12.740]  Information is produced by a legal professional so that there are certain when it's presented to the court, it is in proper form.
[54:12.740 --> 54:19.740]  Yeah, but my point is, it's not just any legal professional. It is the district attorney or county attorney or grand jury foreman.
[54:19.740 --> 54:27.740]  Nobody else, not the city attorney, not the cop, not the court clerk. They cannot do it.
[54:27.740 --> 54:30.740]  They have zero authority to do that on behalf of the state.
[54:30.740 --> 54:36.740]  We the people have elected somebody and it's been very specifically delegated to them, not just any legal professional.
[54:36.740 --> 54:43.740]  The city attorney likes to butt in on that. But anyway, yeah, it's exciting.
[54:43.740 --> 54:49.740]  The prosecutor is just a lawyer hired by the state and he can't do anything.
[54:49.740 --> 54:56.740]  And prosecutors are forbidden to be the complainant and the prosecutor under community state.
[54:56.740 --> 54:59.740]  We'll be right back.
[54:59.740 --> 55:03.740]  Would you like to make more definite progress in your walk with God?
[55:03.740 --> 55:10.740]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[55:10.740 --> 55:15.740]  The New Testament recovery version is one of the most comprehensive study Bibles available today.
[55:15.740 --> 55:22.740]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[55:22.740 --> 55:27.740]  The free books are a three volume set called Basic Elements of the Christian Life.
[55:27.740 --> 55:33.740]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[55:33.740 --> 55:36.740]  growing in Christ and how to build up the church.
[55:36.740 --> 55:42.740]  To order your free New Testament recovery version and Basic Elements of the Christian Life,
[55:42.740 --> 55:49.740]  call Bibles for America toll free at 888-551-0102.
[55:49.740 --> 55:54.740]  That's 888-551-0102.
[55:54.740 --> 55:59.740]  Or visit us online at bfa.org.
[55:59.740 --> 56:05.740]  Live, free speech radio, logosradionetwork.com.
[56:11.740 --> 56:15.740]  The Bill of Rights contains the first ten amendments of our Constitution.
[56:15.740 --> 56:18.740]  They guarantee the specific freedoms Americans should know and protect.
[56:18.740 --> 56:20.740]  Our liberty depends on it.
[56:20.740 --> 56:26.740]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[56:26.740 --> 56:28.740]  Privacy is under attack.
[56:28.740 --> 56:32.740]  When you give up data about yourself, you'll never get it back again.
[56:32.740 --> 56:36.740]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[56:36.740 --> 56:38.740]  So protect your rights.
[56:38.740 --> 56:42.740]  Say no to surveillance and keep your information to yourself.
[56:42.740 --> 56:44.740]  Privacy, it's worth hanging on to.
[56:44.740 --> 56:48.740]  This public service announcement is brought to you by Startpage.com,
[56:48.740 --> 56:52.740]  the private search engine alternative to Google, Yahoo, and Bing.
[56:52.740 --> 56:55.740]  Start over with Startpage.
[56:55.740 --> 56:58.740]  Imagine your mom and dad are getting ready for bed.
[56:58.740 --> 57:01.740]  They pull back the covers and find a third party there.
[57:01.740 --> 57:04.740]  He announces, I'm with the military and I'm sleeping here tonight.
[57:04.740 --> 57:10.740]  That shocking image of a third party in my parents' bed reminds me what the Third Amendment was designed to prevent.
[57:10.740 --> 57:13.740]  It protects us from being forced to share our homes with soldiers,
[57:13.740 --> 57:16.740]  a common demand in the days of our founding fathers.
[57:16.740 --> 57:18.740]  Third party, Third Amendment? Get it?
[57:18.740 --> 57:22.740]  So if you answer a knock at your door and guys in fatigues demand lodging,
[57:22.740 --> 57:26.740]  tell them to dust off their copy of the Bill of Rights and re-read the Third Amendment.
[57:26.740 --> 57:31.740]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[57:41.740 --> 57:45.740]  The Bill of Rights contains the first ten amendments of our Constitution.
[57:45.740 --> 57:48.740]  They guarantee the specific freedoms Americans should know and protect.
[57:48.740 --> 57:50.740]  Our liberty depends on it.
[57:50.740 --> 57:56.740]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[57:56.740 --> 57:58.740]  Privacy is under attack.
[57:58.740 --> 58:02.740]  When you give up data about yourself, you'll never get it back again.
[58:02.740 --> 58:06.740]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[58:06.740 --> 58:11.740]  So protect your rights, say no to surveillance, and keep your information to yourself.
[58:11.740 --> 58:14.740]  Privacy, it's worth hanging on to.
[58:14.740 --> 58:17.740]  This public service announcement is brought to you by StartPage.com,
[58:17.740 --> 58:21.740]  the private search engine alternative to Google, Yahoo, and Bing.
[58:21.740 --> 58:24.740]  Start over with StartPage.
[58:25.740 --> 58:31.740]  Imagine four eyes staring at you through binoculars, a magnifying glass, or a pair of x-ray goggles.
[58:31.740 --> 58:37.740]  That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable search and seizure.
[58:37.740 --> 58:40.740]  Fourth Amendment? Four eyes staring at you? Get it?
[58:40.740 --> 58:44.740]  Unfortunately, the government is trampling our Fourth Amendment rights in the name of security.
[58:44.740 --> 58:49.740]  Case in point, TSA airport scanners that peer under your clothing.
[58:49.740 --> 58:53.740]  When government employees demand a peep at your privates without probable cause,
[58:53.740 --> 58:56.740]  I say it's time to sound the constitutional alarm bells.
[58:56.740 --> 58:59.740]  Join me in asking our representatives to dust off the Bill of Rights
[58:59.740 --> 59:02.740]  and use their googly eyes to take a gander at the Fourth.
[59:02.740 --> 59:07.740]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[59:29.740 --> 59:34.740]  These warmongers come by that term rightly
[59:38.740 --> 59:41.740]  I won't pay for the war with my body
[59:41.740 --> 59:44.740]  Ain't gonna pay for the car with my money
[59:44.740 --> 59:48.740]  I won't pay for the fun with my body
[59:48.740 --> 59:51.740]  Their plans wicked and their logic shoddy
[59:51.740 --> 59:54.740]  Ain't gonna pay for the oil with my body
[59:54.740 --> 59:58.740]  I won't pay for the boys with my money
[59:58.740 --> 01:00:01.740]  Ain't gonna pay for the kids with my money
[01:00:01.740 --> 01:00:04.740]  You go ahead. You go ahead. No, you go ahead.
[01:00:04.740 --> 01:00:06.740]  Let's fight about it for a while.
[01:00:06.740 --> 01:00:11.740]  This is a good time to do it because it's Friday the 13th.
[01:00:11.740 --> 01:00:15.740]  Yes. Bar Grievance Day.
[01:00:16.740 --> 01:00:21.740]  March, Friday the 13th, March 2026.
[01:00:21.740 --> 01:00:25.740]  And Brett has given us a dissertation.
[01:00:25.740 --> 01:00:28.740]  This is really important to understand
[01:00:28.740 --> 01:00:33.740]  because you go to these courts and they don't know squat.
[01:00:33.740 --> 01:00:41.740]  We're talking about really, really basic, most basic details
[01:00:41.740 --> 01:00:46.740]  about the initiation of a criminal prosecution.
[01:00:46.740 --> 01:00:52.740]  The courts, the prosecutors, the judges, they don't have a clue.
[01:00:53.740 --> 01:00:55.740]  Yeah, they don't.
[01:00:55.740 --> 01:00:58.740]  You have a clue, you really give them a hard time.
[01:00:58.740 --> 01:01:01.740]  Okay, I'll shut up now.
[01:01:01.740 --> 01:01:04.740]  Well, like we were saying, any court case,
[01:01:04.740 --> 01:01:07.740]  it doesn't matter what kind of court case.
[01:01:07.740 --> 01:01:14.740]  Any court case in any court has to start with some paperwork from a plaintiff.
[01:01:14.740 --> 01:01:18.740]  Somebody who has standing, we call it,
[01:01:18.740 --> 01:01:23.740]  who has the legal right to bring an issue
[01:01:23.740 --> 01:01:28.740]  has to come to that court and present that court with some papers.
[01:01:28.740 --> 01:01:31.740]  That's called the primary pleadings.
[01:01:31.740 --> 01:01:38.740]  In a criminal case, the one who is bringing those primary pleadings
[01:01:38.740 --> 01:01:43.740]  is this dotted line, elected officials,
[01:01:43.740 --> 01:01:52.740]  that we, the people, have put into a position of district attorney or county attorney.
[01:01:52.740 --> 01:02:00.740]  That is not the same thing as the person who is employed by,
[01:02:00.740 --> 01:02:04.740]  this is not elected, this is employed by municipal corporation,
[01:02:04.740 --> 01:02:09.740]  that's a city attorney, and he doesn't have any authority
[01:02:09.740 --> 01:02:14.740]  to bring pleadings on behalf of the state of Texas
[01:02:14.740 --> 01:02:16.740]  or whatever is your state.
[01:02:16.740 --> 01:02:21.740]  Okay, it doesn't come directly from the Constitution.
[01:02:21.740 --> 01:02:29.740]  Yeah, that's clearly, in Texas, it's Article 5, Section 12B, as in Bravo,
[01:02:29.740 --> 01:02:32.740]  says that the presentment of the indictment or information
[01:02:32.740 --> 01:02:37.740]  is what vests the court with jurisdiction of a criminal court case.
[01:02:37.740 --> 01:02:47.740]  So it lights up, it activates what jurisdiction has been laid out elsewhere.
[01:02:47.740 --> 01:02:55.740]  We call it the statutorily conferred jurisdiction for a court.
[01:02:55.740 --> 01:03:00.740]  That's defining what kind of subject matters that court can hear.
[01:03:00.740 --> 01:03:03.740]  So that way, if the plaintiff comes to the court,
[01:03:03.740 --> 01:03:06.740]  then the court can say, yes, I handle that kind of subject matter,
[01:03:06.740 --> 01:03:09.740]  well, you need to go to another court, I don't do that here.
[01:03:09.740 --> 01:03:17.740]  What does the law say about who can prosecute a criminal case?
[01:03:17.740 --> 01:03:21.740]  So, great question, and let's make a distinction here between
[01:03:21.740 --> 01:03:28.740]  who can prosecute a criminal case that comes to the court
[01:03:28.740 --> 01:03:31.740]  versus who is allowed to bring it to the court.
[01:03:31.740 --> 01:03:37.740]  Because there's a commencement that has to be by the grand jury foreman
[01:03:37.740 --> 01:03:41.740]  bringing an indictment or by the district attorney or county attorney
[01:03:41.740 --> 01:03:45.740]  bringing an information, that would be the primary pleadings.
[01:03:45.740 --> 01:03:50.740]  That's separate from what the law says about who can prosecute the case
[01:03:50.740 --> 01:03:53.740]  that comes to that court.
[01:03:53.740 --> 01:03:58.740]  And what about a municipal attorney?
[01:03:58.740 --> 01:04:03.740]  Well, in Texas, he is allowed to conduct the proceedings
[01:04:03.740 --> 01:04:07.740]  in a criminal case that is brought to that court.
[01:04:07.740 --> 01:04:10.740]  But he's not allowed to bring anything to the court on behalf of the state,
[01:04:10.740 --> 01:04:16.740]  but he may conduct proceedings in the municipal court.
[01:04:16.740 --> 01:04:20.740]  He can represent the state in a criminal prosecution,
[01:04:20.740 --> 01:04:23.740]  but he can't initiate the prosecution.
[01:04:23.740 --> 01:04:29.740]  Right, that's what the law says.
[01:04:29.740 --> 01:04:35.740]  I honestly think that that statutory provision is unconstitutional
[01:04:35.740 --> 01:04:40.740]  because I see in the Constitution no provision for anybody
[01:04:40.740 --> 01:04:44.740]  that's not an elected attorney to do that.
[01:04:44.740 --> 01:04:50.740]  It looks to me like in the Constitution it would need to be
[01:04:50.740 --> 01:04:54.740]  the district attorney or county attorney or one of their deputies.
[01:04:54.740 --> 01:04:59.740]  But I do not see any place in the Constitution that would allow for
[01:04:59.740 --> 01:05:01.740]  this statutory provision.
[01:05:01.740 --> 01:05:07.740]  So I think the legislature really ought to revisit that particular line.
[01:05:07.740 --> 01:05:17.740]  It's in Chapter 45A, and I believe it's 005 and Subsection C,
[01:05:17.740 --> 01:05:22.740]  which says that the city attorney may conduct the proceedings
[01:05:22.740 --> 01:05:26.740]  of a criminal court case in the municipal court.
[01:05:26.740 --> 01:05:28.740]  I don't think that's backed up by the Constitution.
[01:05:28.740 --> 01:05:30.740]  I think it flies in the face of the Constitution.
[01:05:30.740 --> 01:05:32.740]  But anyway, there it is.
[01:05:32.740 --> 01:05:38.740]  The legislature is authorized to write law,
[01:05:38.740 --> 01:05:40.740]  and authorized to do a number of things,
[01:05:40.740 --> 01:05:43.740]  and they can delegate certain authorities,
[01:05:43.740 --> 01:05:47.740]  but they cannot delegate the power to write law.
[01:05:47.740 --> 01:05:49.740]  So they created...
[01:05:49.740 --> 01:05:52.740]  Well, that's a different question you're talking about.
[01:05:52.740 --> 01:05:53.740]  No, no, I'm getting there.
[01:05:53.740 --> 01:05:54.740]  I'm getting there.
[01:05:54.740 --> 01:06:01.740]  They allowed municipal corporations to create ordinances,
[01:06:01.740 --> 01:06:05.740]  and they did not call them ordinances by mistake
[01:06:05.740 --> 01:06:11.740]  because the legislature cannot delegate its authority to write law.
[01:06:11.740 --> 01:06:16.740]  So we have this municipal corporation who can write ordinances,
[01:06:16.740 --> 01:06:20.740]  and they can hire an attorney to represent the municipal corporation
[01:06:20.740 --> 01:06:25.740]  in prosecuting violations of those ordinances.
[01:06:25.740 --> 01:06:27.740]  But now the legislature has said,
[01:06:27.740 --> 01:06:32.740]  okay, well, this city attorney hired to represent the city
[01:06:32.740 --> 01:06:34.740]  can now represent the state.
[01:06:34.740 --> 01:06:37.740]  How do we get there?
[01:06:37.740 --> 01:06:42.740]  And prosecuting a criminal law.
[01:06:42.740 --> 01:06:49.740]  That seems to step across the line that it should be the county attorney.
[01:06:49.740 --> 01:06:52.740]  That's actually what the Constitution says, isn't it?
[01:06:52.740 --> 01:06:54.740]  I agree.
[01:06:54.740 --> 01:06:56.740]  Anyway, separate issue.
[01:06:56.740 --> 01:07:02.740]  I'm bringing this so we kind of get an idea how these pieces fit together,
[01:07:02.740 --> 01:07:06.740]  and while we're saying that prosecutor, that city attorney,
[01:07:06.740 --> 01:07:08.740]  he can't bring this case.
[01:07:08.740 --> 01:07:14.740]  Yeah, they let him prosecute it after it's brought, but any question.
[01:07:14.740 --> 01:07:18.740]  But I'll take that on then back to where Brett was at.
[01:07:18.740 --> 01:07:20.740]  Yeah, if we don't address that.
[01:07:20.740 --> 01:07:21.740]  I mean, it's a good one to address.
[01:07:21.740 --> 01:07:23.740]  I think it needs to be handled at some point.
[01:07:23.740 --> 01:07:27.740]  It's just not the primary thing that we're dealing with
[01:07:27.740 --> 01:07:34.740]  because what I'm considering primary here is the fact that there is no case.
[01:07:35.740 --> 01:07:36.740]  Yeah, okay.
[01:07:36.740 --> 01:07:42.740]  Maybe he could have the authority to prosecute, conduct proceedings,
[01:07:42.740 --> 01:07:48.740]  prosecution proceedings in a case after it were presented, but there's no case.
[01:07:48.740 --> 01:07:53.740]  Nothing has happened by any plaintiff, anyone who's authorized to step up
[01:07:53.740 --> 01:07:57.740]  and file paperwork and say, hey, I'm the plaintiff.
[01:07:57.740 --> 01:08:00.740]  I'm standing here filing, you know, in flesh and blood filing
[01:08:00.740 --> 01:08:04.740]  on behalf of this fictional paper state here.
[01:08:04.740 --> 01:08:08.740]  The state can't come, so I'm elected to stand in for the state,
[01:08:08.740 --> 01:08:14.740]  and I'm filing this paperwork to commence this criminal case.
[01:08:14.740 --> 01:08:17.740]  That hasn't happened because you just looked at the record.
[01:08:17.740 --> 01:08:19.740]  You walked up, you talked to the court clerk.
[01:08:19.740 --> 01:08:20.740]  That's the official court record.
[01:08:20.740 --> 01:08:23.740]  There's no paperwork in there.
[01:08:23.740 --> 01:08:24.740]  The citation doesn't count.
[01:08:24.740 --> 01:08:27.740]  That's nothing.
[01:08:27.740 --> 01:08:32.740]  Yeah, that's just a silence.
[01:08:32.740 --> 01:08:39.740]  So where's the primary pleadings?
[01:08:39.740 --> 01:08:45.740]  It's actually, guys, it's way, way worse than that.
[01:08:45.740 --> 01:08:48.740]  This is traffic court.
[01:08:48.740 --> 01:08:54.740]  You're looking any criminal court, county or district,
[01:08:54.740 --> 01:08:59.740]  you also won't find the primary pleadings.
[01:08:59.740 --> 01:09:01.740]  This whole system is a mess.
[01:09:01.740 --> 01:09:08.740]  And in my opinion, the best place to take it on is right here at the bottom.
[01:09:08.740 --> 01:09:10.740]  Right here, traffic tickets.
[01:09:10.740 --> 01:09:16.740]  It'll make these guys nuts if you take them on at this point.
[01:09:17.740 --> 01:09:25.740]  In 2021, there were nine million criminal cases filed in Texas.
[01:09:25.740 --> 01:09:28.740]  Seven million were traffic.
[01:09:28.740 --> 01:09:30.740]  It's nuts.
[01:09:30.740 --> 01:09:35.740]  We start hammering them on the traffic level.
[01:09:35.740 --> 01:09:37.740]  They're just there to make money.
[01:09:37.740 --> 01:09:39.740]  They want to turn dollars.
[01:09:39.740 --> 01:09:43.740]  When you go down there and interfere with their dollar flow,
[01:09:43.740 --> 01:09:47.740]  they're going to have to do something to fix it.
[01:09:47.740 --> 01:09:51.740]  And besides, it's just a ticket.
[01:09:51.740 --> 01:09:54.740]  If you do go down and you've got a warrant, take somebody with you.
[01:09:54.740 --> 01:09:56.740]  Don't drive.
[01:09:56.740 --> 01:09:58.740]  I went down once.
[01:09:58.740 --> 01:10:00.740]  Yeah, that's a good point.
[01:10:00.740 --> 01:10:03.740]  I started a fight with Williamson County.
[01:10:03.740 --> 01:10:06.740]  She took my keys away from me.
[01:10:06.740 --> 01:10:11.740]  It was a good thing she did because I left her in handcuffs.
[01:10:11.740 --> 01:10:15.740]  So you don't want to go down there and have to worry about them
[01:10:15.740 --> 01:10:19.740]  throwing you in jail and your car sitting out on the street and getting told and whatever.
[01:10:19.740 --> 01:10:22.740]  Have somebody with you, and if you have a witness with you,
[01:10:22.740 --> 01:10:26.740]  it changes everything.
[01:10:26.740 --> 01:10:30.740]  So if you have a warrant, don't go there by yourself.
[01:10:30.740 --> 01:10:34.740]  Yeah, don't go by yourself, and do go recording.
[01:10:34.740 --> 01:10:36.740]  Record everything.
[01:10:36.740 --> 01:10:40.740]  Every interaction you have with your public officials, record everything.
[01:10:40.740 --> 01:10:45.740]  Just so you have a good record for your own memory, for your own records,
[01:10:45.740 --> 01:10:47.740]  it's good to have later on.
[01:10:47.740 --> 01:10:49.740]  You can remember who said what.
[01:10:49.740 --> 01:10:53.740]  You'll notice some things are different than what you thought they were when you listened to that.
[01:10:53.740 --> 01:11:00.740]  I went to the police and gave him some criminal complaints, and he refused to act on them.
[01:11:00.740 --> 01:11:03.740]  And when I got done, I wrote up a statement, and they said,
[01:11:03.740 --> 01:11:06.740]  oh, I had my recording going. I took out my recording.
[01:11:06.740 --> 01:11:11.740]  And the magistrate had said that, asked me if I was an attorney, and I said no.
[01:11:11.740 --> 01:11:13.740]  Did you talk to an attorney? No.
[01:11:13.740 --> 01:11:15.740]  And I missed this.
[01:11:15.740 --> 01:11:20.740]  He said, since you're not an attorney, I'm not even going to look at these,
[01:11:20.740 --> 01:11:22.740]  and threw them down and stormed out.
[01:11:22.740 --> 01:11:26.740]  I completely missed that.
[01:11:26.740 --> 01:11:31.740]  I heard it, but it didn't stick in my brain because things were moving quickly.
[01:11:31.740 --> 01:11:36.740]  And if I hadn't had the recording, I wouldn't have done that.
[01:11:36.740 --> 01:11:41.740]  Exactly. That happens all the time. We should always be recording.
[01:11:41.740 --> 01:11:44.740]  Recordings take two.
[01:11:44.740 --> 01:11:50.740]  If they ask you for a recording, take one out and turn it off.
[01:11:50.740 --> 01:11:58.740]  Art Patton got a prosecuting attorney to resign when he asked him, told him he wanted to record it,
[01:11:58.740 --> 01:12:01.740]  and he put his recorder on the table, and they said, absolutely not.
[01:12:01.740 --> 01:12:03.740]  So he turned it off.
[01:12:03.740 --> 01:12:07.740]  And once you turn that first one off, they think they can say anything.
[01:12:07.740 --> 01:12:13.740]  And I played what he said on the air, and two weeks later, the district attorney resigned.
[01:12:13.740 --> 01:12:19.740]  I don't know if it was because of this radio show, but I'd like to think it was.
[01:12:19.740 --> 01:12:23.740]  Anyway, two recordings is best.
[01:12:24.740 --> 01:12:30.740]  I had a justice of the peace ask me to turn off my phone.
[01:12:30.740 --> 01:12:32.740]  I said, well, but Judge, I want to record the proceedings.
[01:12:32.740 --> 01:12:34.740]  She had the bailiff take it away from me.
[01:12:34.740 --> 01:12:36.740]  She starts the hearing again. She stopped.
[01:12:36.740 --> 01:12:40.740]  Mr. Kelton, do you have anything else capable of recording this?
[01:12:40.740 --> 01:12:43.740]  Oh, Judge, I thought you wouldn't ask that.
[01:12:43.740 --> 01:12:46.740]  And I pulled a little flash drive off my head.
[01:12:46.740 --> 01:12:50.740]  It fell code to my press pass and gave it to the bailiff.
[01:12:50.740 --> 01:12:52.740]  He didn't know how to turn it off.
[01:12:52.740 --> 01:12:54.740]  He starts again and stops.
[01:12:54.740 --> 01:12:59.740]  Do you have, Mr. Kelton, do you have anything else out of my pocket?
[01:12:59.740 --> 01:13:00.740]  That was a great point.
[01:13:00.740 --> 01:13:03.740]  But she was only smart enough to do that.
[01:13:03.740 --> 01:13:05.740]  Okay, I'll stop interrupting, Brett.
[01:13:05.740 --> 01:13:06.740]  That was just too much fun.
[01:13:06.740 --> 01:13:09.740]  We're going to be right back.
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[01:15:09.740 --> 01:15:16.740]  This is the Logos Radio Network.
[01:15:39.740 --> 01:16:01.740]  All right, welcome back to the Rule of Law Radio.
[01:16:01.740 --> 01:16:02.740]  Randy Kelton.
[01:16:02.740 --> 01:16:03.740]  I'm Brett Fountain.
[01:16:03.740 --> 01:16:13.740]  And we are talking about the way that court cases commence, specifically criminal court cases.
[01:16:13.740 --> 01:16:25.740]  And we're talking about the chasm of discrepancy that exists between the way that court cases lawfully commence
[01:16:25.740 --> 01:16:33.740]  and the strange games that get played in traffic courts.
[01:16:33.740 --> 01:16:39.740]  And I say game because they're not following these rules.
[01:16:39.740 --> 01:16:41.740]  They're playing something else.
[01:16:41.740 --> 01:16:46.740]  It's like going onto a basketball court and trying to do football rules.
[01:16:46.740 --> 01:16:50.740]  They're doing something completely, completely different.
[01:16:50.740 --> 01:16:53.740]  It's not the same at all.
[01:16:53.740 --> 01:16:57.740]  So we have no primary pleadings, typically.
[01:16:57.740 --> 01:17:00.740]  There's zero paperwork that's brought by the state.
[01:17:00.740 --> 01:17:04.740]  We have a city attorney in there who's not even authorized to file anything.
[01:17:04.740 --> 01:17:10.740]  Well, he didn't file anything either, but he's going to stand there and he's going to jump up and down
[01:17:10.740 --> 01:17:17.740]  and talk about his authority to prosecute, even though he never filed anything.
[01:17:17.740 --> 01:17:20.740]  If he did, it would be tampering with a government record.
[01:17:20.740 --> 01:17:21.740]  But he's not allowed to.
[01:17:21.740 --> 01:17:23.740]  So he would be simulating legal process.
[01:17:23.740 --> 01:17:28.740]  He would be committing all kinds of crimes if he were to try to file primary pleadings,
[01:17:28.740 --> 01:17:30.740]  which are an indictment or an information.
[01:17:30.740 --> 01:17:32.740]  He can't file those.
[01:17:32.740 --> 01:17:37.740]  He's not authorized to represent the state, not for commencement.
[01:17:37.740 --> 01:17:43.740]  So nobody, excuse me, nobody at all has filed anything.
[01:17:43.740 --> 01:17:46.740]  Zero plaintiffs.
[01:17:46.740 --> 01:17:52.740]  So how many defendants do you think you can have when you have no plaintiffs?
[01:17:52.740 --> 01:17:59.740]  How is it possible to have a court case exist without any paperwork?
[01:17:59.740 --> 01:18:06.740]  How is it that people are supposed to even know what the subject matter is
[01:18:06.740 --> 01:18:10.740]  if there's no document that you can look at the four corners and say,
[01:18:10.740 --> 01:18:15.740]  here are the facts that are being alleged and this invokes such and such subject matter,
[01:18:15.740 --> 01:18:19.740]  which is in the jurisdiction of this court.
[01:18:19.740 --> 01:18:23.740]  There's no subject matter because there's no document.
[01:18:23.740 --> 01:18:26.740]  There's no document because nobody filed anything.
[01:18:26.740 --> 01:18:30.740]  Zero people stepped up on behalf of the state and said,
[01:18:30.740 --> 01:18:34.740]  Hi, court, I'm presenting this controversy to you.
[01:18:34.740 --> 01:18:36.740]  It needs to be adjudicated.
[01:18:36.740 --> 01:18:38.740]  Nobody did that.
[01:18:38.740 --> 01:18:42.740]  This is what happens day in, day out.
[01:18:42.740 --> 01:18:44.740]  You get given the ticket.
[01:18:44.740 --> 01:18:47.740]  You go in there or you just click to pay.
[01:18:47.740 --> 01:18:57.740]  And that is treated like a guilty plea, which, again, plea, pleading.
[01:18:57.740 --> 01:19:05.740]  When you respond and say, I'm guilty or I'm not guilty or no contest,
[01:19:05.740 --> 01:19:11.740]  this response is the first thing being filed into that case.
[01:19:11.740 --> 01:19:16.740]  I say case loosely because all they have is a docket number.
[01:19:16.740 --> 01:19:28.740]  And you are allowing them to be operating based on the Texas rules of imaginary procedure.
[01:19:28.740 --> 01:19:32.740]  That's good.
[01:19:32.740 --> 01:19:37.740]  What about 2714D?
[01:19:37.740 --> 01:19:38.740]  What about it?
[01:19:38.740 --> 01:19:41.740]  I read that and it gave me a conundrum.
[01:19:41.740 --> 01:19:43.740]  It created a conundrum.
[01:19:43.740 --> 01:19:47.740]  I had a prosecutor try to fight that.
[01:19:47.740 --> 01:19:48.740]  That was his trophy.
[01:19:48.740 --> 01:19:55.740]  He was trying to hold up to the judge and give that as a reason why there is a case.
[01:19:55.740 --> 01:19:59.740]  But let's see where they've tried to go with it for you.
[01:20:00.740 --> 01:20:04.740]  I think you're going to exactly the conundrum I came up with.
[01:20:04.740 --> 01:20:15.740]  2714D says that with your agreement, they can prosecute based on the summons.
[01:20:15.740 --> 01:20:17.740]  But they have to hold the hearing.
[01:20:17.740 --> 01:20:20.740]  It says a mere written notice.
[01:20:20.740 --> 01:20:22.740]  Okay, a mere written notice, okay.
[01:20:22.740 --> 01:20:27.740]  But in order to do that, they have to hold hearing.
[01:20:27.740 --> 01:20:38.740]  Well, when I read 28.01, it lists all of the things that they can summon me to court for.
[01:20:38.740 --> 01:20:50.740]  And to find out, to ask me whether or not I want to allow them to prosecute based on the written statement or whatever,
[01:20:50.740 --> 01:20:54.740]  it's not in 28.01.
[01:20:54.740 --> 01:20:56.740]  They can do a pretrial.
[01:20:56.740 --> 01:20:58.740]  They can do an arraignment.
[01:20:58.740 --> 01:21:02.740]  But in a Class C misdemeanor, you can't do an arraignment.
[01:21:02.740 --> 01:21:04.740]  Well, sure they can.
[01:21:04.740 --> 01:21:11.740]  If the indictment or information had been presented, then they could do an arraignment.
[01:21:11.740 --> 01:21:12.740]  No, they can't.
[01:21:12.740 --> 01:21:28.740]  26.01 says there shall be an arraignment in the matter of a misdemeanor punishable by imprisonment or felony or a misdemeanor punishable by imprisonment.
[01:21:28.740 --> 01:21:38.740]  The legislature went to specific trouble to eliminate Class C misdemeanors.
[01:21:38.740 --> 01:21:40.740]  No, I don't think they eliminated it.
[01:21:40.740 --> 01:21:45.740]  They're guaranteeing that if it is something that's beyond fine only.
[01:21:45.740 --> 01:21:46.740]  They're not authorizing.
[01:21:46.740 --> 01:21:47.740]  Of course, it's demanded.
[01:21:47.740 --> 01:21:50.740]  It must exist.
[01:21:50.740 --> 01:21:54.740]  The primary pleadings cannot.
[01:21:54.740 --> 01:21:57.740]  You can't have a case without primary pleadings.
[01:21:57.740 --> 01:22:14.740]  And if you look at 26.03, it says that you cannot have an arraignment until the expiration of two full days after there has been service of the primary pleadings on the defendant.
[01:22:14.740 --> 01:22:18.740]  Okay, see, this is where I'm going to 28.01.
[01:22:18.740 --> 01:22:32.740]  How can they summon you to court to determine whether or not you will allow them to proceed on the summons?
[01:22:32.740 --> 01:22:34.740]  Well, I didn't see in 27.14.
[01:22:34.740 --> 01:22:36.740]  I didn't see any demand for a hearing there.
[01:22:36.740 --> 01:22:39.740]  I didn't see any necessity.
[01:22:39.740 --> 01:22:50.740]  Because all it says is that the defendant has to elect to proceed on mere written notice and they have to sign it with the prosecutor and file it into the court.
[01:22:50.740 --> 01:22:53.740]  It doesn't say that they have to necessarily have a hearing on it.
[01:22:53.740 --> 01:22:55.740]  It just has to be filed into the court.
[01:22:55.740 --> 01:23:00.740]  So you would have to somehow get together with the prosecutor and go, you know what?
[01:23:00.740 --> 01:23:06.740]  I realize it would be a pain for you to jump through all these hoops and I don't want to waste the taxpayer money.
[01:23:06.740 --> 01:23:07.740]  I know I did it.
[01:23:07.740 --> 01:23:08.740]  So you could just go ahead.
[01:23:08.740 --> 01:23:10.740]  I know what you're going to accuse me of.
[01:23:10.740 --> 01:23:12.740]  You don't have to spend all that time writing it all up.
[01:23:12.740 --> 01:23:17.740]  We can just proceed on this little scrap of a citation over here and that'll just be good enough.
[01:23:17.740 --> 01:23:19.740]  Let's go ahead and go to court.
[01:23:19.740 --> 01:23:22.740]  That creates another conundrum.
[01:23:22.740 --> 01:23:31.740]  Until the court has established subject matter jurisdiction, the prosecutor can't even talk to me.
[01:23:31.740 --> 01:23:34.740]  So how does he get to me?
[01:23:34.740 --> 01:23:35.740]  He would have to go there.
[01:23:35.740 --> 01:23:36.740]  You'd have to show up there.
[01:23:36.740 --> 01:23:38.740]  There's the way for him to reach out to you.
[01:23:38.740 --> 01:23:40.740]  Yeah, that's what I'm saying.
[01:23:40.740 --> 01:23:42.740]  How do they do that?
[01:23:42.740 --> 01:23:44.740]  How do they get there?
[01:23:44.740 --> 01:23:49.740]  They would have to have the primary pleadings so they can get me in their court.
[01:23:49.740 --> 01:23:50.740]  Exactly.
[01:23:50.740 --> 01:24:00.740]  Now they're saying I can agree to them not having to get to primary pleadings, but I can't find a way they can get me there.
[01:24:00.740 --> 01:24:01.740]  Well, they could.
[01:24:02.740 --> 01:24:08.740]  They could have just a sworn complaint from an officer, which I say just a sworn complaint.
[01:24:08.740 --> 01:24:10.740]  That's actually kind of rare as hen's teeth.
[01:24:10.740 --> 01:24:20.740]  Normally the officer does nothing but fill out a traffic ticket, all these little cryptic codes and things on there that nobody can understand.
[01:24:20.740 --> 01:24:21.740]  It's not English.
[01:24:21.740 --> 01:24:27.740]  They don't know what exactly they're being accused of or where they can go look it up in the law, let alone what the elements of it are.
[01:24:27.740 --> 01:24:40.740]  But in a sworn complaint, the officer would be able to, or anybody that sees a crime, would be able to swear out a statement of facts that leads to all the elements of a crime.
[01:24:40.740 --> 01:24:55.740]  And then a magistrate who receives that would be able to issue a summons or a warrant to get the person in front of the court, in front of him, not the court, in front of the magistrate.
[01:24:55.740 --> 01:25:10.740]  At that point, it would be possible for him to have a conversation with the attorney and to agree at that point to skip ahead to the part where, look, you don't have to go through the hassle of commencing a case.
[01:25:10.740 --> 01:25:13.740]  I realize we need to start this case and let's go ahead and do it based on this.
[01:25:13.740 --> 01:25:19.740]  This is good enough. I don't need to be informed any further of detail of the nature and cause.
[01:25:19.740 --> 01:25:21.740]  I'm okay. Let's just go to court.
[01:25:21.740 --> 01:25:29.740]  You could, at that point, do that. And that would be perfectly appropriate because the accuser is supposed to be there. You're supposed to be facing your accuser.
[01:25:29.740 --> 01:25:36.740]  You're supposed to be examining and cross-examining the witnesses in front of the magistrate. It's perfectly appropriate.
[01:25:36.740 --> 01:25:39.740]  How did they get you in front of the magistrate?
[01:25:39.740 --> 01:25:44.740]  By law or the way that they do things around here?
[01:25:44.740 --> 01:25:48.740]  How would they, by law, be able to get you in front of the magistrate?
[01:25:48.740 --> 01:25:59.740]  Well, that would be 1509. That would be, the magistrate gets a sworn complaint that lines up a bunch of facts that says that leads to the crime being committed.
[01:25:59.740 --> 01:26:05.740]  And then he can get you in there, either with an arrest warrant or a summons, either one.
[01:26:05.740 --> 01:26:09.740]  So the whole purpose of 2714D is to...
[01:26:10.740 --> 01:26:15.740]  Sorry, soft drink lovers. Even diet drinks can make you fat.
[01:26:15.740 --> 01:26:20.740]  A new study shows that diet soda drinkers gain much more weight than people who avoid the stuff.
[01:26:20.740 --> 01:26:26.740]  I'm Dr. Catherine Albrecht, and I'll be back in a moment with a scoop on supposedly skinny sodas.
[01:26:26.740 --> 01:26:31.740]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:26:31.740 --> 01:26:36.740]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:26:36.740 --> 01:26:41.740]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:26:41.740 --> 01:26:44.740]  Privacy, it's worth hanging on to.
[01:26:44.740 --> 01:26:51.740]  This public service announcement is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing.
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[01:26:55.740 --> 01:27:00.740]  Artificial sweeteners cut the calories and help you lose weight, right? Wrong.
[01:27:00.740 --> 01:27:05.740]  Researchers at UT San Antonio followed hundreds of diet soda drinkers for nearly a decade.
[01:27:05.740 --> 01:27:12.740]  They found that regularly drinking diet soda expanded people's waistlines five times more than no soda at all.
[01:27:12.740 --> 01:27:19.740]  The study's authors say artificial sweeteners trigger the appetite, but unlike regular sugars, don't deliver anything to squelch it.
[01:27:19.740 --> 01:27:25.740]  Waking up hunger without satisfying it leads to cravings, which can result in a larger overall calorie intake.
[01:27:25.740 --> 01:27:33.740]  So use natural sweeteners to maintain a healthy weight, and if you need to shed some pounds, avoid the sweet stuff altogether and drink water instead.
[01:27:33.740 --> 01:27:39.740]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:27:39.740 --> 01:27:45.740]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:27:45.740 --> 01:27:52.740]  The government says that fire brought it down. However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:27:52.740 --> 01:27:55.740]  Over 6,000 of my fellow service members have given their lives.
[01:27:55.740 --> 01:27:57.740]  Thousands of my fellow first responders are dying.
[01:27:57.740 --> 01:27:59.740]  I'm not a conspiracy theorist.
[01:27:59.740 --> 01:28:00.740]  I'm a structural engineer.
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[01:28:02.740 --> 01:28:03.740]  I'm a father who lost his son.
[01:28:03.740 --> 01:28:06.740]  We're Americans, and we deserve the truth.
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[01:28:21.740 --> 01:28:28.740]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity, and most importantly, the right to due process of law.
[01:28:28.740 --> 01:28:34.740]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
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[01:29:26.740 --> 01:29:49.740]  Okay, we are back with Randy Kelton, Brett Fountain, Rule of Law Radio, and on the break, Brett set me straight.
[01:29:49.740 --> 01:30:02.740]  I'm looking at a conundrum here. They give you a summons, and that's all it is, is a notice to appear, and they want you to allow them to proceed just on the summons,
[01:30:02.740 --> 01:30:07.740]  and I'm trying to figure out how do they get you there, and Brett is right, the summons get you there.
[01:30:07.740 --> 01:30:22.740]  You appear on the summons, then they can ask you if you would agree to proceed with the prosecution just based on the summons, or so we don't have to produce all of the charging instruments.
[01:30:22.740 --> 01:30:28.740]  He's right, I'm wrong, first time.
[01:30:28.740 --> 01:30:39.740]  Well, so in 2714, the reason they carved that out, if you look back at the initial, what they started with for this,
[01:30:39.740 --> 01:30:50.740]  it was related to a violation that was so petty, it was something about you parked on the wrong side of the street on a day when you're not supposed to,
[01:30:50.740 --> 01:31:02.740]  you parked in the wrong place, you parked across the line or something, and they were trying to deal with issues that were that minor,
[01:31:02.740 --> 01:31:16.740]  and issues that were brought to one of these inferior courts, which makes sense, that's the courts that handle those, because those courts are having code ordinance issues.
[01:31:16.740 --> 01:31:27.740]  I guess there are some county ordinance issues as well, so it could be technically one of those, but these are not issues that normally would require due process.
[01:31:27.740 --> 01:31:32.740]  They really ought to be handled in an administrative kind of way.
[01:31:32.740 --> 01:31:45.740]  And if you think back to when people knew that they had a right to be on the roadways versus businesses having a permission to be on the roadways with all the licensing of that regulated activity,
[01:31:45.740 --> 01:31:58.740]  it makes sense too to realize that they're putting this in the category of, it's not a criminal thing, this is a category of administrative.
[01:31:58.740 --> 01:32:04.740]  So it fits, it all fits, everything, every piece of this fits together like a big beautiful mosaic.
[01:32:04.740 --> 01:32:22.740]  And this 27, that 14 subsection D, says if there's a written notice, and if that notice gets filed with a court and the defendant gets a copy of it,
[01:32:22.740 --> 01:32:29.740]  and there's enough on there that the defendant wants to plead.
[01:32:29.740 --> 01:32:38.740]  There's three pleadings of a defendant that are allowed for that. Guilty, not guilty, or I'm not going to contest it, no low contendere.
[01:32:38.740 --> 01:32:59.740]  So they can pick up those three and just go ahead and say, look, I'm going to allow this court to convince the case based on this little written notice here.
[01:32:59.740 --> 01:33:07.740]  The written notice might be a traffic ticket that's difficult to understand, but the person is already saying, look, I know what this is about.
[01:33:07.740 --> 01:33:15.740]  Don't worry. We don't want to do all the due process stuff. Just let's go talk about this as if a court case had been commenced.
[01:33:15.740 --> 01:33:25.740]  So that defendant has to waive all of their due process rights, including the filing of a sworn complaint and elect.
[01:33:25.740 --> 01:33:29.740]  The defendant gets to pick and choose here. It says elect.
[01:33:29.740 --> 01:33:40.740]  The defendant may waive all that due process and elect that we just go ahead on that mere written notice.
[01:33:40.740 --> 01:33:49.740]  The defendant has to sign it, agree with the prosecution, sign that election, and file the election with the court.
[01:33:49.740 --> 01:33:58.740]  So obviously none of us have ever been properly informed that that's what they're trying to push for.
[01:33:58.740 --> 01:34:04.740]  When you walk in there and you say, hey, I got this traffic ticket, they say, what's your name?
[01:34:04.740 --> 01:34:08.740]  They pull it up. They tell you how many dollars it's going to take to make you go away.
[01:34:08.740 --> 01:34:19.740]  And then if you say anything else that's other than pulling out your wallet, then they're immediately starting to press you to enter a plea.
[01:34:19.740 --> 01:34:28.740]  As if there were something existing already, they're pushing for this 2714 response from you.
[01:34:28.740 --> 01:34:38.740]  And they want you to sign something that says, I'll go ahead and enter a plea based on this ticket or based on whatever.
[01:34:38.740 --> 01:34:42.740]  You know, there might not be anything there.
[01:34:42.740 --> 01:34:52.740]  But if you don't enter a plea right there, but instead, let's take a look at 27, a little bit earlier in that same chapter.
[01:34:52.740 --> 01:35:01.740]  It says what the let's look at the very top 2701. It says what the primary pleadings are on behalf of the state.
[01:35:01.740 --> 01:35:09.740]  If the state wants to start a criminal case against you, state needs to bring an indictment or an information period.
[01:35:09.740 --> 01:35:19.740]  It does not say or a complaint or a mere written notice. It doesn't say a complaint if it's sworn. It doesn't say anything else.
[01:35:19.740 --> 01:35:29.740]  Only one definition here that matters for primary pleadings. This is how a court case begins.
[01:35:29.740 --> 01:35:39.740]  Criminal court case, an indictment or an information. So 2702 says what the responsive pleadings can be.
[01:35:39.740 --> 01:35:44.740]  And it's not just those three that you've been accustomed to hearing.
[01:35:44.740 --> 01:35:48.740]  The court clerk will give you some bad legal advice if you let them.
[01:35:48.740 --> 01:35:52.740]  They say they're not going to give you any legal advice. And boy, do they let it fly.
[01:35:52.740 --> 01:35:56.740]  So they say there's only these three pleas. That's all you can do.
[01:35:56.740 --> 01:36:02.740]  But what does 2702 say? It's got a whole laundry list of things there.
[01:36:02.740 --> 01:36:08.740]  And the last one says, or any other kind of pleading that needs to fix the situation.
[01:36:09.740 --> 01:36:15.740]  The very first one on the list is the only one that I consider appropriate.
[01:36:15.740 --> 01:36:27.740]  When you have people dancing around, simulating legal process, trying to pretend like a criminal court case exists when they don't have any paperwork to start one.
[01:36:27.740 --> 01:36:47.740]  Then in my mind, the only proper pleading for a defendant is to say, I raise an exception to the form and the substance of your primary pleadings.
[01:36:47.740 --> 01:36:51.740]  I don't deal with imaginary pleadings.
[01:36:51.740 --> 01:36:58.740]  I need some real ones on paper with ink and they have to say words and it has to be signed by somebody.
[01:36:58.740 --> 01:37:02.740]  Primary pleadings that are just in the imagination are not going to work out for me.
[01:37:02.740 --> 01:37:12.740]  I raise an exception to that. That's subsection one of 2702, subsection one.
[01:37:12.740 --> 01:37:21.740]  That's the only one that looks to me like an appropriate responsive pleading, the pleading of a defendant when there are no primary pleadings.
[01:37:21.740 --> 01:37:30.740]  Does that make sense? Am I beating a dead horse here around here?
[01:37:30.740 --> 01:37:40.740]  It's hard for people who don't have any experience in this kind of thing to put these pieces together.
[01:37:40.740 --> 01:37:46.740]  The upshot is there are a set of rules.
[01:37:46.740 --> 01:37:51.740]  They can summon you to court not to have to take you to jail immediately.
[01:37:51.740 --> 01:38:04.740]  But when you get to court, they can get you to agree to let them move ahead on this summons or they have to follow the standard criminal procedure.
[01:38:04.740 --> 01:38:13.740]  But that's costly and cumbersome and they're more interested in collecting money so they do what's easy for them.
[01:38:13.740 --> 01:38:25.740]  And they know that somebody who gets a ticket that's going to cost them four or five hundred bucks, if they try to fight it, they know it's going to cost them a whole lot more.
[01:38:25.740 --> 01:38:35.740]  So they know pretty well 99.9% of the people will just make a deal and write a check.
[01:38:35.740 --> 01:38:43.740]  Get somebody who comes along who doesn't and they have no idea how to deal with it.
[01:38:43.740 --> 01:38:46.740]  It is unfortunate, it is difficult.
[01:38:46.740 --> 01:39:01.740]  Everybody listening, if you've got a wife, a mortgage, a couple of cars, a couple of kids, you have responsibilities.
[01:39:01.740 --> 01:39:10.740]  You don't have time to chase down all these legal matters for three, four hundred bucks.
[01:39:10.740 --> 01:39:16.740]  So they'll charge you, they'll start out charging you want to charge you five hundred bucks and make you a deal for three hundred.
[01:39:16.740 --> 01:39:19.740]  Do you think you've done great?
[01:39:19.740 --> 01:39:22.740]  And everybody takes the deal.
[01:39:22.740 --> 01:39:35.740]  I mean, they went down to ninety nine dollars and the judge made it extremely clear to me at one point that I have cost them so much more than that.
[01:39:35.740 --> 01:39:45.740]  But the problem is there are so few of us that have the time with the will to take these guys on.
[01:39:45.740 --> 01:39:51.740]  And we're hoping we can get more people out there to just stand up to them.
[01:39:51.740 --> 01:39:56.740]  The one thing, this is like playing poker.
[01:39:56.740 --> 01:39:58.740]  They come in with their best hand.
[01:39:58.740 --> 01:40:08.740]  They're going to cost you five hundred dollars and you're going to get what's that thing you have to get for something fifty one.
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[01:42:14.740 --> 01:42:16.740]  Well, you know, Carmen's looking around.
[01:42:40.740 --> 01:42:41.740]  Jerry.
[01:42:41.740 --> 01:42:48.740]  As we saw, so shall we read.
[01:42:48.740 --> 01:42:56.740]  So many crucial words get put on all while we see.
[01:42:56.740 --> 01:43:03.740]  Try as we turn small steps to try and read.
[01:43:03.740 --> 01:43:09.740]  As we saw, so shall we read.
[01:43:09.740 --> 01:43:12.740]  Listen to the sound.
[01:43:27.740 --> 01:43:30.740]  One by one, you can tell everybody.
[01:43:31.740 --> 01:43:33.740]  The words of.
[01:43:36.740 --> 01:43:39.740]  You say as you go along, no, come on.
[01:43:39.740 --> 01:43:42.740]  We say knock you down, man.
[01:43:46.740 --> 01:43:49.740]  My friend, Lord, you better have a good.
[01:43:49.740 --> 01:43:53.740]  You better live your life up.
[01:43:53.740 --> 01:43:55.740]  Because you know, Mr.
[01:44:00.740 --> 01:44:10.740]  Ocean so deep as we saw, so shall we read.
[01:44:10.740 --> 01:44:18.740]  Many miles to travel, many promises to keep.
[01:44:18.740 --> 01:44:26.740]  As we saw, so shall we read.
[01:44:30.740 --> 01:44:50.740]  You must come in the light and say as a witness.
[01:44:50.740 --> 01:44:53.740]  All right, welcome back to the rule of law radio.
[01:44:53.740 --> 01:44:54.740]  Randy Kelton.
[01:44:54.740 --> 01:44:59.740]  I'm Brett Fountain and we are talking about due process.
[01:44:59.740 --> 01:45:00.740]  Really?
[01:45:00.740 --> 01:45:07.740]  We started out talking about what to how to handle yourself if you have an arrest warrant
[01:45:07.740 --> 01:45:14.740]  and you need to go to the court clerk and get some records and how to get that warrant lifted.
[01:45:14.740 --> 01:45:20.740]  And this has been a method that's successful for me multiple times.
[01:45:20.740 --> 01:45:27.740]  And also other people that have done the same thing have had success as well.
[01:45:27.740 --> 01:45:30.740]  It makes sense because that's the purpose of a warrant.
[01:45:30.740 --> 01:45:40.740]  So then we were talking about how court cases lawfully commence and essentially laying some
[01:45:40.740 --> 01:45:47.740]  groundwork for understanding why it's appropriate to challenge jurisdiction.
[01:45:47.740 --> 01:45:57.740]  Why is it that we bring up this issue of subject matter jurisdiction and it's a threshold
[01:45:57.740 --> 01:45:59.740]  issue that has to be addressed?
[01:45:59.740 --> 01:46:00.740]  Why?
[01:46:00.740 --> 01:46:07.740]  Well, it's because due process wasn't being followed to commence a case for somebody who's
[01:46:07.740 --> 01:46:12.740]  an authorized individual to draw up the proper documents and present them to the court to
[01:46:12.740 --> 01:46:13.740]  start the case.
[01:46:13.740 --> 01:46:16.740]  They never did that.
[01:46:16.740 --> 01:46:19.740]  And traffic courts, they're notorious for that.
[01:46:19.740 --> 01:46:22.740]  They just skip all the steps because it's a pain.
[01:46:22.740 --> 01:46:26.740]  They've got so many millions of traffic tickets they're trying to collect on.
[01:46:26.740 --> 01:46:35.740]  It would be a horrible bottleneck for them to have to follow all the rules and obey the
[01:46:35.740 --> 01:46:45.740]  law that requires them to get certain authorized individuals to file certain paperwork with
[01:46:45.740 --> 01:46:46.740]  the court.
[01:46:46.740 --> 01:46:47.740]  That's way too much trouble.
[01:46:47.740 --> 01:46:57.740]  It would be awful for them if we hold their feet to the fire and made them do what the
[01:46:57.740 --> 01:46:59.740]  law requires already for them to do.
[01:46:59.740 --> 01:47:02.740]  They would be so busy.
[01:47:02.740 --> 01:47:09.740]  They'll be unable to handle the backlog because traffic tickets, this is their cash cow.
[01:47:10.740 --> 01:47:19.740]  They're pulling in so much revenue from these traffic stops that they can't support that
[01:47:19.740 --> 01:47:21.740]  with the staff that they have.
[01:47:21.740 --> 01:47:28.740]  There's no way that the current staff would be able to follow the law.
[01:47:28.740 --> 01:47:35.740]  It's just the way that things are done around here.
[01:47:35.740 --> 01:47:44.740]  So we're talking about how to file the, why you would be filing a challenge to subject
[01:47:44.740 --> 01:47:52.740]  matter jurisdiction and hopefully helping our listeners to understand the difference,
[01:47:52.740 --> 01:48:02.740]  the dramatic discrepancy that exists between what the law requires and this shortcut, short
[01:48:02.740 --> 01:48:09.740]  circuit, hurry up and pay procedure that we have that's in place right now to make
[01:48:09.740 --> 01:48:14.740]  it so easy for you to just pay and make it go away.
[01:48:14.740 --> 01:48:21.740]  But if you happen to be somebody who wants them to follow the law, well, you can jam
[01:48:21.740 --> 01:48:24.740]  up their conveyor belt.
[01:48:24.740 --> 01:48:34.740]  So this, the beginning thing that you're filing is a challenge to the subject matter
[01:48:34.740 --> 01:48:35.740]  jurisdiction.
[01:48:35.740 --> 01:48:42.740]  It is by special appearance and it involves also giving notice to the court, judicial
[01:48:42.740 --> 01:48:48.740]  notice to the court that there exists no case here.
[01:48:48.740 --> 01:48:49.740]  There are no primary pleadings.
[01:48:49.740 --> 01:48:55.740]  Zero people have come up on behalf of the state and filed something to accuse me of
[01:48:55.740 --> 01:48:56.740]  anything.
[01:48:56.740 --> 01:49:03.740]  I have fulfilled my promise to appear or I have complied with the notice to appear that
[01:49:03.740 --> 01:49:07.740]  was given to me on the side of the road and said I should be here before this certain
[01:49:07.740 --> 01:49:08.740]  time.
[01:49:08.740 --> 01:49:11.740]  And here I am well before that time and I've appeared.
[01:49:11.740 --> 01:49:13.740]  I'm here by special appearance.
[01:49:13.740 --> 01:49:17.740]  I've been here physically and here's my paperwork appearance.
[01:49:17.740 --> 01:49:20.740]  I've appeared in writing as well.
[01:49:20.740 --> 01:49:26.740]  Here's my motion to dismiss for lack of jurisdiction.
[01:49:26.740 --> 01:49:36.740]  So when you give judicial notice, you're not going off with any rambling conclusions about
[01:49:36.740 --> 01:49:41.740]  federal case law, this and that you are stating a fact that is not adjudicative.
[01:49:42.740 --> 01:49:51.740]  This is not a fact that needs to be addressed and figured out.
[01:49:51.740 --> 01:49:54.740]  There will be no finding of facts connected to this.
[01:49:54.740 --> 01:49:59.740]  It's a simple, it's a fact that's beyond reasonable question.
[01:49:59.740 --> 01:50:03.740]  Its source cannot reasonably be questioned.
[01:50:03.740 --> 01:50:10.740]  And in the rules of evidence, federal is 201 and a lot of the states have it numbered similarly
[01:50:10.740 --> 01:50:11.740]  201.
[01:50:11.740 --> 01:50:16.740]  But in every state there are rules of evidence and there will be a judicial notice rule.
[01:50:16.740 --> 01:50:23.740]  This judicial notice rule, it'll have two clauses to it.
[01:50:23.740 --> 01:50:31.740]  It'll say that the court may take judicial notice and it will say the court must take
[01:50:31.740 --> 01:50:36.740]  judicial notice if the facts are supplied and it's requested that the court take judicial
[01:50:36.740 --> 01:50:37.740]  notice.
[01:50:37.740 --> 01:50:38.740]  So that's what we do.
[01:50:38.740 --> 01:50:46.740]  We supply the fact from a source that is beyond reasonable question, which is the official
[01:50:46.740 --> 01:50:47.740]  court record.
[01:50:47.740 --> 01:50:53.740]  Your honor, the official court record shows that no primary pleadings exist.
[01:50:53.740 --> 01:50:56.740]  As of today's date, there is no case.
[01:50:56.740 --> 01:51:04.740]  So that's your judicial notice and your motion to dismiss is predicated on that notice.
[01:51:04.740 --> 01:51:13.740]  Your motion to dismiss triggers the one and only thing that a court without jurisdiction
[01:51:13.740 --> 01:51:17.740]  is ever allowed to do.
[01:51:17.740 --> 01:51:22.740]  Because think about it, if the court doesn't have any authority to act in any certain matter,
[01:51:22.740 --> 01:51:24.740]  what could the court do?
[01:51:24.740 --> 01:51:27.740]  But there's only one thing that the court could do.
[01:51:27.740 --> 01:51:32.740]  If the court lacks jurisdiction, the court can dismiss for lack of jurisdiction.
[01:51:32.740 --> 01:51:33.740]  That's it.
[01:51:33.740 --> 01:51:35.740]  That's the only thing.
[01:51:35.740 --> 01:51:38.740]  So that's what you're asking the court to do, or you're moving the court to do, I should
[01:51:38.740 --> 01:51:39.740]  say.
[01:51:39.740 --> 01:51:42.740]  Got to get out of that habit of saying asking because we move the court.
[01:51:42.740 --> 01:51:43.740]  We don't ask the court.
[01:51:43.740 --> 01:51:45.740]  We move the court to do what it needs to do.
[01:51:45.740 --> 01:51:48.740]  Then we give good grounds for it.
[01:51:48.740 --> 01:51:57.740]  So in this situation, you're being dragged into traffic court on the pretense that a case
[01:51:57.740 --> 01:51:58.740]  exists.
[01:51:58.740 --> 01:52:02.740]  You look in the record, you see that lo and behold, no case exists.
[01:52:02.740 --> 01:52:05.740]  Nobody has accused you of anything.
[01:52:05.740 --> 01:52:09.740]  There may or may not be a traffic citation in there.
[01:52:09.740 --> 01:52:10.740]  Who knows?
[01:52:10.740 --> 01:52:14.740]  Maybe one day somebody will come up with a sworn complaint and give it to a magistrate
[01:52:14.740 --> 01:52:18.740]  and the magistrate will call you in for a probable cause determination hearing.
[01:52:18.740 --> 01:52:23.740]  Maybe he will issue that order finding probable cause and give it to the clerk sealed up and
[01:52:23.740 --> 01:52:29.740]  the clerk will give notice to the district attorney or grand jury and somebody will commence
[01:52:30.740 --> 01:52:34.740]  a case with an indictment or an information.
[01:52:34.740 --> 01:52:36.740]  Nah, that's way too much trouble.
[01:52:36.740 --> 01:52:38.740]  They're not going to do all of that.
[01:52:38.740 --> 01:52:40.740]  They never will.
[01:52:40.740 --> 01:52:46.740]  So that's all that's ever really going to be in the court record.
[01:52:46.740 --> 01:52:50.740]  Either nothing or maybe a copy of the citation.
[01:52:50.740 --> 01:52:54.740]  You're not going to find any primary pleadings.
[01:52:54.740 --> 01:52:56.740]  But that's okay.
[01:52:56.740 --> 01:52:58.740]  You move the court to dismiss for lack of jurisdiction.
[01:52:58.740 --> 01:53:03.740]  That's the only thing the court can do.
[01:53:03.740 --> 01:53:08.740]  It would be nice if this only occurred in traffic tickets.
[01:53:08.740 --> 01:53:14.740]  But unfortunately, it occurs all the way to the top.
[01:53:14.740 --> 01:53:20.740]  I was recently in front of a judge who had a woman that had been held for a couple of years
[01:53:20.740 --> 01:53:22.740]  and filed a habeas.
[01:53:22.740 --> 01:53:28.740]  I heard the habeas and I told him that, Your Honor, I know this woman's been arrested
[01:53:28.740 --> 01:53:33.740]  and the prosecutor sitting here, he knows this woman's been arrested.
[01:53:33.740 --> 01:53:36.740]  But you don't know that she's been arrested.
[01:53:36.740 --> 01:53:37.740]  You don't know that she's in jail.
[01:53:37.740 --> 01:53:39.740]  You don't know that she's been charged.
[01:53:39.740 --> 01:53:42.740]  You don't know anything.
[01:53:42.740 --> 01:53:48.740]  Because the proper documentation that's required to be in the record is not in the record.
[01:53:48.740 --> 01:53:54.740]  So you can have no jurisdiction of any kind.
[01:53:54.740 --> 01:54:05.740]  And this is the case at most every misdemeanor and felony case in the state of Texas.
[01:54:05.740 --> 01:54:09.740]  Everything is wrong.
[01:54:09.740 --> 01:54:13.740]  From everything from arrest to trial is not only wrong,
[01:54:13.740 --> 01:54:18.740]  it's very specifically against particular law and nobody cares.
[01:54:18.740 --> 01:54:20.740]  Traffic seems minor.
[01:54:20.740 --> 01:54:29.740]  But in my opinion, that's the best place to begin to undermine this illegal process as they're going on.
[01:54:29.740 --> 01:54:35.740]  I sued all of the judges of the Court of Criminal Appeals and directors of all the agencies
[01:54:35.740 --> 01:54:39.740]  to train public officials because they trained them all to do it wrong
[01:54:39.740 --> 01:54:42.740]  and I'm still fighting with the courts over that one.
[01:54:42.740 --> 01:54:47.740]  But they make lots of money doing it wrong and we need to fix it.
[01:54:47.740 --> 01:54:51.740]  Randy Kelton, Rick Fountain, Live La Radio,
[01:54:51.740 --> 01:54:57.740]  confidants are not working so we may pull the plug after this one.
[01:54:57.740 --> 01:54:59.740]  Thank you all for listening.