[00:00.000 --> 00:04.800] This news brief brought to you by the International News Net. [00:04.800 --> 00:09.300] On Iraq Tuesday, 15 Iraqis were killed and 27 wounded. [00:09.300 --> 00:13.600] Barack Obama made a secret visit to Iraq and told U.S. troops [00:13.600 --> 00:16.200] there is still a lot of work to do. [00:16.200 --> 00:18.900] Journalist Muntadar Al-Zaidi, [00:18.900 --> 00:21.600] famous for throwing his shoes at George Bush, [00:21.600 --> 00:24.800] had his prison sentence reduced to one year. [00:24.800 --> 00:29.700] In Afghanistan Tuesday, a Romanian officer was killed in a roadside blast. [00:29.700 --> 00:34.000] On Monday, rockets killed a Dutch soldier and wounded five others. [00:34.000 --> 00:39.500] In London, England, police clashed with thousands of Tamils as they lay siege to Parliament. [00:39.500 --> 00:42.500] Protesters flying a Tamil tiger's flag [00:42.500 --> 00:45.500] threatened to leap en masse from Westminster Bridge [00:45.500 --> 00:48.900] if they were not allowed to speak to Prime Minister Gordon Brown. [00:48.900 --> 00:54.400] Top of the hour news brought to you by INN World Report. [00:54.400 --> 00:59.900] Peru's former president, Alberto Fujimori, has been jailed for 25 years [00:59.900 --> 01:04.400] after being found guilty of crimes against humanity and other charges. [01:04.400 --> 01:07.200] Fujimori, who said he would appeal the verdict, [01:07.200 --> 01:10.600] was found to have ordered massacres and kidnappings [01:10.600 --> 01:15.700] during the 1990s dirty war against the Shining Path rebel group. [01:15.700 --> 01:20.200] The former president, already serving a six-year term for abuse of power, [01:20.200 --> 01:26.900] was sentenced after the verdict was read to a packed courtroom in Lima, the capital, Tuesday. [01:26.900 --> 01:32.200] Maria McFarland, a senior Americas researcher at Human Rights Watch, said, [01:32.200 --> 01:39.400] after years of evading justice, Fujimori is finally being held to account for some of his crimes. [01:39.400 --> 01:45.100] Fujimori could still be pardoned by Alan Garcia, the current Peruvian president, [01:45.100 --> 01:46.800] if he loses his appeal. [01:46.800 --> 01:52.900] Fujimori's jail sentence marks the first time a democratically elected Latin American leader [01:52.900 --> 01:56.000] has been found guilty of rights abuses. [01:56.000 --> 02:00.900] As Vancouver, British Columbia, prepares to host the 2010 Winter Olympics, [02:00.900 --> 02:03.300] a new reality has taken hold. [02:03.300 --> 02:07.700] Canada's major West Coast port, once described by The Economist [02:07.700 --> 02:13.700] as the most livable city in the world, is now the battlefield in a war between drug gangs. [02:13.700 --> 02:19.400] Vancouver's mayor, Gregor Robertson, confessed police are fighting a losing battle. [02:19.400 --> 02:25.900] Since mid-January, the city has recorded 50 gang-related shootings, 18 of them fatal. [02:25.900 --> 02:29.500] Illegal drugs are now the third largest industry in the province, [02:29.500 --> 02:33.400] whose mild climate and well-educated horticulturalists [02:33.400 --> 02:39.100] has led to a supply of a premium brand of cannabis called B.C. Bud. [02:39.100 --> 02:44.100] The drug's superior quality also found favor with customers in the U.S., [02:44.100 --> 02:47.000] encouraging an imaginative core of smugglers. [02:47.000 --> 02:51.000] One enterprising crew emulated World War II prisoners [02:51.000 --> 03:17.800] digging a 100-yard tunnel under the U.S. border. [03:17.800 --> 03:44.200] Bad boys, bad boys, whatcha gonna do? [03:44.200 --> 03:55.400] Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you? [03:55.400 --> 04:00.800] When you were eight and you had bad trees, you'd go to school and learn the golden rule. [04:00.800 --> 04:03.600] So why are you acting like a bloody fool? [04:03.600 --> 04:06.200] If you get high, then you must get cool. [04:06.200 --> 04:17.100] Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you? [04:17.100 --> 04:20.100] You chuck it on that one, you chuck it on this one. [04:20.100 --> 04:22.700] You chuck it on your mother and you chuck it on your father. [04:22.700 --> 04:25.540] You chuck it on your brother and you chuck it on your sister. [04:25.540 --> 04:32.600] You chuck it on that one and you chuck it on me. [04:32.600 --> 04:39.560] when we come for you. Randy Kelton, Eddie Craig, Debra Stevens, we're gonna be [04:39.560 --> 04:44.720] taking your calls tonight. Randy is going to be walking through some due process [04:44.720 --> 04:53.880] but first I have a story. This is amazing stuff here. You would think that it would [04:53.880 --> 04:59.720] be out of the tabloids, straight out of the tabloids, but it's not. It's the Wall [04:59.720 --> 05:08.000] Street Journal. This came out yesterday. Insurgents hack U.S. drones with $26 [05:08.000 --> 05:17.280] software. Have you guys heard about this? Randy, Eddie? No. No, I haven't heard of this. Okay, y'all are you [05:17.280 --> 05:22.920] by any chance talking about the little engineered insect cameras and such? No, [05:22.920 --> 05:28.840] I'm talking about the unmanned flight drones that our military, that Obama is [05:28.840 --> 05:35.560] using to bomb Afghanistan and Pakistan and Iraq. They're using unmanned flights, [05:35.560 --> 05:41.000] unmanned drones, remote-controlled to kill people in places of the world that [05:41.000 --> 05:46.880] we have no business being. Alright, so at any rate, this is great. This reads like [05:46.880 --> 05:51.560] a tablet. It's almost like an infomercial. Alright, this says Washington, [05:51.560 --> 05:56.080] Washington, the Wall Street Journal from Washington. Militants in Iraq have used a [05:56.080 --> 06:02.120] $26 off-the-shelf software to intercept live video feeds from U.S. predator [06:02.120 --> 06:06.560] drones, potentially providing them with information they need to evade or [06:06.560 --> 06:13.000] monitor U.S. military operations. Senior defense and intelligence officials say [06:13.000 --> 06:19.120] Iranian-backed insurgents intercepted the video feeds by taking advantage of an [06:19.120 --> 06:24.240] unprotected communications link in some of the remotely flown plane systems. [06:24.240 --> 06:29.920] Shiite fighters in Iraq use software programs such as Sky Grabber, available [06:29.920 --> 06:36.440] for as little as $25.95 on the Internet, to regularly capture drone video feeds [06:36.440 --> 06:44.040] according to a person familiar with reports on the matter. Okay, they go on to [06:44.040 --> 07:02.040] accuse Iran of financially backing this activity. And I'm thinking, wow, $26? That's what I'm saying. I was like, well, gee, for $26, it's like, oh, you twisted my arm. You [07:02.040 --> 07:09.920] talked me into it. You know, I mean, come on. Okay, I don't know how that got [07:09.920 --> 07:14.920] involved. But it's just like, they got to use this to try to, you know, ramp up the [07:14.920 --> 07:22.440] public's, you know, hatred of Iran somehow. Oh, Iran gave them $26. All right? The [07:22.440 --> 07:27.080] stolen video feeds indicate U.S. adversaries continue to find simple ways [07:27.080 --> 07:33.760] of counteracting sophisticated American military technologies. All right? These, [07:33.760 --> 07:39.600] excuse me, drone intercepts mark the emergence of a shadow cyberwar within [07:39.600 --> 07:44.360] the U.S.-led conflicts overseas. They point to a potentially serious [07:44.360 --> 07:48.720] vulnerability in Washington's growing network of unmanned drones, which have [07:48.720 --> 07:54.640] become the American weapon of choice in Afghanistan and Pakistan. U.S. military [07:54.640 --> 07:57.880] personnel in Iraq discovered the problem late last year when they apprehended [07:57.880 --> 08:02.880] Shiite militant whose laptop contained files of intercepted video drone feeds. [08:02.880 --> 08:12.000] In the summer 2009 incident, the military found days and days and hours and hours [08:12.000 --> 08:16.600] of proof that the video feeds were being intercepted and shared with multiple [08:16.600 --> 08:22.680] groups. The person said, quote, it's part of their kit now. Senior defense [08:22.680 --> 08:26.920] officials said James Clapper, the Pentagon's intelligence chief, assessed [08:26.920 --> 08:31.080] the Iraq intercepts at the direction of Defense Secretary Robert Gates and [08:31.080 --> 08:35.760] concluded they represented a shortcoming to the security of the drone network. [08:35.760 --> 08:41.560] Yeah, a shortcoming. I guess so. And get this. The potential drone [08:41.560 --> 08:46.040] vulnerability lies in an unencrypted downlink between the unmanned craft and [08:46.040 --> 08:50.400] ground control. The U.S. government has known about this flaw since the U.S. [08:50.400 --> 08:56.320] campaign in Bosnia in the 1990s, current and former officials said. But the [08:56.320 --> 09:01.960] Pentagon assumed local adversaries wouldn't know how to exploit it, officials [09:01.960 --> 09:08.320] said. The militants used programs such as Sky Grabber from Russian company Sky [09:08.320 --> 09:12.520] Software. Andrew Selenikov, one of the software's developers, said he was [09:12.520 --> 09:17.320] unaware that his software could be used to intercept drone feeds. Quote, it was [09:17.320 --> 09:22.360] developed to intercept music, photos, videos, programs, and other content that [09:22.360 --> 09:26.960] users download from the Internet. No military or other commercial data, only [09:26.960 --> 09:32.920] free legal content, he said by email from Russia. Additional concerns remain [09:32.920 --> 09:37.880] about the vulnerability of communication signals to electronic jamming. Although [09:37.880 --> 09:40.760] there's no evidence that this has occurred, said people familiar with the [09:40.760 --> 09:44.800] reports on that. Oh, they'll have that going in a couple of weeks, right Randy? [09:44.800 --> 09:53.800] Can I come in here? They need another 25 bucks before they can do that. They need to go to Iran. Go ahead, Eddie. [09:53.800 --> 10:01.240] Well, the thing is, let's analyze this for a second. It was prior to 9-11 that [10:01.240 --> 10:07.240] they found information encrypted within photographs that contained the layouts [10:07.240 --> 10:11.520] of airplanes, seating charts, deck arrangements, the whole nine yards, [10:11.520 --> 10:16.960] something that had never been done before. 99% of the viruses that affect [10:16.960 --> 10:23.880] computers across the globe come from the Middle East. And our military and people [10:23.880 --> 10:29.400] in Washington don't believe these people have technical savvy? Yeah, right. What is [10:29.400 --> 10:34.160] this loud popping sound we're hearing in Washington DC right now, other than the [10:34.160 --> 10:39.080] collective heads being pulled out? Are being smacked together. They're taking [10:39.080 --> 10:43.160] their hair and smashing their heads together. They're Muslims, not [10:43.160 --> 10:52.440] morons. Okay, so listen to this, okay. Predator drones are built by General [10:52.440 --> 10:56.560] Atomics Aeronautical Systems, Inc. of San Diego. Some of its communications [10:56.560 --> 11:02.040] technology is proprietary, so widely used encryption systems are not readily [11:02.040 --> 11:08.840] available or compatible, said people familiar with the matter. Fixing the [11:08.840 --> 11:12.800] security gap would have caused delays, according to current and former [11:12.800 --> 11:17.480] officials. It would have added to the Predator's price. Some officials worried [11:17.480 --> 11:20.960] that adding encryption would make it harder to quickly share time-sensitive [11:20.960 --> 11:26.200] data within the U.S. military and its allies. The Air Force has staked its [11:26.200 --> 11:30.600] future on unmanned aerial vehicles. Drones account for 36% of the planes and [11:30.600 --> 11:36.320] the service's proposed 2010 budget. Today the U.S. Air Force is buying hundreds of [11:36.320 --> 11:40.720] Reaper drones, a newer model whose video feeds could be intercepted in much the [11:40.720 --> 11:43.680] same way as with the Predator's, according to people familiar with the [11:43.680 --> 11:48.520] matter. A Reaper costs between 10 million and 12 million each and is [11:48.520 --> 11:53.160] faster and better armed than the Predator. General Atomics expects the [11:53.160 --> 12:00.880] Air Force to buy as many as 375 Reapers. Okay, so they are going to [12:00.880 --> 12:09.760] buy another 375 of these things at 10 to 20 to 12 million each and that lets [12:09.760 --> 12:13.840] you know how our money is being spent. This is where the bailout money is going. [12:13.840 --> 12:18.920] This is where your tax dollars are going and you know like I said you know 26 [12:18.920 --> 12:22.280] bucks give me a break and they think that these people aren't going to try to [12:22.280 --> 12:26.480] figure out how to defend themselves or save their own life. I mean let me tell [12:26.480 --> 12:32.600] you what if they had those things flying around my neighborhood bombing me and my [12:32.600 --> 12:38.120] kids and my neighbors I think I'd be trying to figure out a way to stop it [12:38.120 --> 12:43.440] too you know. I mean I doubt Iran had anything to do with this at all. These [12:43.440 --> 12:47.280] are people trying to defend their own lives and their own families. Give me a [12:47.280 --> 12:53.360] break already. But it's just hilarious that they want to accuse Iran of giving [12:53.360 --> 12:59.040] them $26 to try to do this. I don't know. I can see the Iranians going around and [12:59.040 --> 13:06.640] collecting up a fund and sending them 25 bucks. Yeah the Somali Warlords probably [13:06.640 --> 13:10.760] sent them that much. Oh my god this is outrageous. It's like oh you talked me [13:10.760 --> 13:16.160] into it. You twisted my arm. All right I'll give you 26 bucks. They're talking about how much more expensive these [13:16.160 --> 13:20.040] things would have been to add encryption. Let's analyze that for a second. The [13:20.040 --> 13:26.000] cost of a missile is several hundred thousand dollars okay. The fact that the [13:26.000 --> 13:31.360] missile is expended without a valid target because they had forewarning of [13:31.360 --> 13:37.520] the attack with the intercepted video feed means it's wasted munitions which [13:37.520 --> 13:42.640] also runs up the cost of running the war. So which one would actually have been [13:42.640 --> 13:48.520] more cost-effective fix the problem before it left the factory or shoot Lord [13:48.520 --> 13:55.080] knows how many invalid munitions into things that aren't valid targets anymore [13:55.080 --> 14:00.560] costing even more than that. Well yeah and honestly my take on it is that I [14:00.560 --> 14:05.480] think it was on purpose because they have to have an endless war. The [14:05.480 --> 14:08.280] only way that they can get away with doing what they're trying to do which [14:08.280 --> 14:13.920] what Mike Rivera calls them the mission that's called no poppy left behind okay. [14:13.920 --> 14:19.680] Why are we in Afghanistan anyway and I have dozens of photographs that are well [14:19.680 --> 14:23.680] posted all over the internet of US military troops protecting the poppy [14:23.680 --> 14:28.200] fields okay so hence no poppy left behind. There has to be endless war. Well [14:28.200 --> 14:32.560] if we're going to totally encrypt all our military systems to where they can [14:32.560 --> 14:37.520] never be hacked well then they'll go over there and they will win you know [14:37.520 --> 14:40.960] our military will win in a very short period of time so then there's no reason [14:40.960 --> 14:45.120] for us to be there anymore so hence there's no endless war. I think that some [14:45.120 --> 14:49.320] of these insecurities are built in on purpose knowing that they're going to be [14:49.320 --> 14:54.360] hacked if the hacking code isn't given to these so-called insurgents in the [14:54.360 --> 14:59.760] first place and recruited and trained by the CIA all right this is this is all by [14:59.760 --> 15:04.600] design in my book they want them to be hacked they want to keep the war going [15:04.600 --> 15:09.240] they fuel both sides you know it's the constant endless war so that they can [15:09.240 --> 15:13.480] protect the no poppy left behind and whatever else the pipelines and all [15:13.480 --> 15:18.720] these kinds of things so that's the way I that's that's what I think but at any [15:18.720 --> 15:21.800] rate it's just ridiculous the whole thing and we're paying for it and people [15:21.800 --> 15:25.160] are dying over it so it has to be stopped but I just thought that it's [15:25.160 --> 15:28.520] hilarious that this is reading like the cover of a tabloid magazine and this is [15:28.520 --> 15:33.440] the Wall Street Journal all right so and it also reads like an infomercial [15:33.440 --> 15:39.720] skygrabber available for $25.95 I mean give me a break anyway I just had to [15:39.720 --> 15:46.840] bring that up got missiles coming overhead having to crawl into the bunker [15:46.840 --> 15:55.880] every night yeah okay well anyways so that's my little rant for the opening [15:55.880 --> 15:59.560] of the show we've got a couple of callers on the line we've got Arnold from [15:59.560 --> 16:04.360] Texas Robert from Texas callers if you would like to call in five one two six [16:04.360 --> 16:08.760] four six nineteen eighty four rain is going to be going through due process [16:08.760 --> 16:13.240] tonight we'll be answering your questions on those matters and others we [16:13.240 --> 16:18.240] got Eddie Craig here for the traffic issues and yes it is available at long [16:18.240 --> 16:23.680] last the traffic seminar 250 bucks for the low low price available for as [16:23.680 --> 16:27.400] little as two hundred fifty dollars on rule of law radio network rule of law [16:27.400 --> 16:33.160] radio.com so anyways we got the audio from the seminar Eddie's updated book [16:33.160 --> 16:37.000] which is more information in it than even was available at the seminar [16:37.000 --> 16:42.440] motions to dismiss criminal charges counter complaints civil lawsuits the [16:42.440 --> 16:46.000] whole nine yards so great Christmas present for each other we also have the [16:46.000 --> 16:51.120] Michael Maris package to help people stop debt collectors all right when we [16:51.120 --> 16:57.080] get back we'll go to Arnold in Texas and discuss due process we'll be right back [16:57.080 --> 17:03.520] you feel tired when talking about important topics like money and politics [17:03.520 --> 17:07.560] are you confused by words like the Constitution or the Federal Reserve what [17:07.560 --> 17:12.200] if so you may be diagnosed with the deadliest disease known today stupidity [17:12.200 --> 17:16.580] hi my name is Steve Holt and like millions of other Americans I was [17:16.580 --> 17:21.000] diagnosed with stupidity at an early age I had no idea that the number one cause [17:21.000 --> 17:24.800] of the disease is found in almost every home in America the television [17:24.800 --> 17:29.160] unfortunately that puts most Americans at risk of catching stupidity but there [17:29.160 --> 17:32.760] is hope the staff at brave new books have helped me and thousands of other [17:32.760 --> 17:36.880] foxaholics suffering from sports zombieism recover and because of brave [17:36.880 --> 17:40.480] new books I now enjoy reading and watching educational documentaries [17:40.480 --> 17:45.160] without feeling tired or uninterested so if you or anybody you know suffers from [17:45.160 --> 17:50.040] stupidity then you need to call five one two four eight zero two five zero three [17:50.040 --> 17:55.080] or visit them in 1904 Guadalupe or brave new bookstore calm side effects from [17:55.080 --> 17:57.320] using brave new books products may include discernment and enlarged [17:57.320 --> 18:24.240] vocabulary and an overall increase in mental functioning [18:27.320 --> 18:54.080] all right justice is the goal why we're gonna go to Arnold but first Eddie Tom [18:54.080 --> 18:57.680] tell me what you just told me on the break about the more sophisticated you [18:57.680 --> 19:02.000] make something more complicated you make something yeah well what we used to say [19:02.000 --> 19:05.920] in the military working on the avionics and stuff that I used to work on was we [19:05.920 --> 19:11.040] would always theorize about things but we settled on one thing that we all [19:11.040 --> 19:17.240] agreed on and that was that the more sophisticated you made anything the more [19:17.240 --> 19:23.160] simplified the method to bypass or break it became and that's exactly what we run [19:23.160 --> 19:30.400] into now with this it is just one of those things that the more moving part [19:30.400 --> 19:34.840] something has the more maintenance is required and the more things you can get [19:34.840 --> 19:39.320] into to cause a problem and when it comes to electronic communications via [19:39.320 --> 19:46.280] wireless that is fundamentally true okay all right listen we've got a couple of [19:46.280 --> 19:50.920] callers on the board and actually one of the callers is actually our guest and so [19:50.920 --> 19:54.480] I see that Robert from Texas is there he called in quite at the beginning of the [19:54.480 --> 20:01.440] show Arnold was first and and he is our guest tonight so Robert we're going to [20:01.440 --> 20:05.880] take a little time with Arnold because he was we started talking to him last [20:05.880 --> 20:10.880] night about his situation we need to walk over due process Randy's going to [20:10.880 --> 20:15.560] go over due process with Arnold and use his case as an example so Robert I'm [20:15.560 --> 20:19.880] sorry we we we did have Arnold scheduled to come on as our guest tonight at the [20:19.880 --> 20:25.200] top of the show so so Robert you can stay on the line or you can you can call [20:25.200 --> 20:30.620] back in a little while and we'll put you at as the very next caller so without [20:30.620 --> 20:36.360] any further ado we're going to go now to Arnold in Texas who we asked to call it [20:36.360 --> 20:39.120] at the beginning of the show tonight and we're going to discuss due process [20:39.120 --> 20:46.240] Arnold thanks for calling back in tonight Arnold yeah okay thanks for [20:46.240 --> 20:49.840] calling back in tonight okay so we're we're going to use your case in his [20:49.840 --> 20:55.740] example Randy wanted to walk over due process anyway so Randy do you want to [20:55.740 --> 20:59.480] start first or do we want to back up with Arnold in his situation or how we [20:59.480 --> 21:04.720] going to do this yeah Arnold go back give us a brief synopsis of what occurred [21:04.720 --> 21:18.640] and we'll pick it up from okay or the door door somebody was knocking okay [21:18.640 --> 21:23.920] wait a minute hold on Arnold we can't understand you you can hear me barely [21:23.920 --> 21:31.240] it's really kind of fading in and out okay that must be good I'm speaking to [21:31.240 --> 21:36.200] Skype so it's well we're all on Skype too but it's so it's got to have [21:36.200 --> 21:38.960] something to do with your computer or something all the hosts on this network [21:38.960 --> 21:44.600] you Skype and it's it's got immaculate sound quality oh you know I mean is that [21:44.600 --> 21:51.440] better is that better yeah that's a little better yeah better probably had [21:51.440 --> 21:57.720] too much items opened up okay all right go ahead there's a somebody knocking at [21:57.720 --> 22:01.920] the door pretty heavy and you did more than that work here at home in the [22:01.920 --> 22:07.640] office here and but this this person kept knocking heavily so I approached the [22:07.640 --> 22:14.280] foyer he opened the door and proceeded to come in and basically said hey wait a [22:14.280 --> 22:20.280] minute I don't Arnold Arnold listen this isn't working you're fading in and out [22:20.280 --> 22:23.360] too much there's something going on with your computer your internet connection [22:23.360 --> 22:28.120] or something can you call back maybe use a landline or something a regular [22:28.120 --> 22:33.920] telephone okay okay are you I don't know if you're using the onboard mic on your [22:33.920 --> 22:43.160] laptop or what but this well you know what I could do is I don't know you [22:43.160 --> 22:46.840] sounded great last time maybe you're on a different headset or something but why [22:46.840 --> 22:50.600] don't you just try to call back on some some other method because we can't [22:50.600 --> 22:55.960] understand what you're saying okay okay thanks okay Arnold's gonna call back in [22:55.960 --> 22:59.440] so we can understand what he's saying so Randy why don't you why don't you go [22:59.440 --> 23:05.200] over some of what happened last night on the call so we'll know how to okay if if [23:05.200 --> 23:13.840] I have everything right the police claim there was a 911 hang up from this [23:13.840 --> 23:25.320] address so apparently an offer officer would have responded now if they if [23:25.320 --> 23:31.280] there was a hang up and an officer responded and to the point that he would [23:31.280 --> 23:38.240] open the door they must be thinking that someone tried to call 911 and was [23:38.240 --> 23:48.320] interrupted so knowing the state of mind of police these days what policeman in [23:48.320 --> 23:55.720] his right mind would open that door without backup and if he thinks someone [23:55.720 --> 24:03.360] was trying to call 911 why would he not have his pistol in his hand especially [24:03.360 --> 24:09.040] when he's opened and opening the door on a strange residence which for which he [24:09.040 --> 24:19.240] claims to have probable cause to believe that there is nefarious acts in progress [24:19.240 --> 24:26.640] that leads me to the fact that he didn't have his pistol in his hand and no [24:26.640 --> 24:33.560] backup that he was practicing the art of testilite now for policemen this is an [24:33.560 --> 24:39.800] art form and and they compete with one another to see who's better at it well [24:39.800 --> 24:46.880] this guy's not very good at it because it's really full of holes the fact that [24:46.880 --> 24:53.960] he opened the door on a private residence demonstrates a level of extreme [24:53.960 --> 25:01.160] arrogance he thinks that he is totally protected that nothing can happen to him [25:01.160 --> 25:08.440] that whatever he does his bosses will take care of him they'll run [25:08.440 --> 25:16.120] interference for him so what I'm gonna run through here tip with Arnold is how [25:16.120 --> 25:22.160] to tear them all to pieces and Arnold is back by the way good okay Arnold you [25:22.160 --> 25:29.480] there yes okay way better okay you want to go through the details of how this [25:29.480 --> 25:35.520] came about okay all right there's someone knocking at the door heavily and [25:35.520 --> 25:41.320] I used to ignore them because they're solicitors so but this guy was [25:41.320 --> 25:46.760] persistent so as I was approaching the foyer he opened the door and he was [25:46.760 --> 25:50.840] coming out hey well you need you need you need to get out of the house I don't [25:50.840 --> 25:54.840] give you consent to come in here and then as I noticed that you know he was [25:54.840 --> 25:59.520] the police officer do you have a warrant if they kept asking then he started [25:59.520 --> 26:04.120] asking me you need to come over here I said no I don't get out of my house you [26:04.120 --> 26:10.800] don't have my consent so and then here he approached he came in and tackled me [26:10.800 --> 26:20.960] probably came in a probably about 10 feet in and then tackled me and handcuffed [26:20.960 --> 26:26.880] me down in my house and then he called for backup and according to the report [26:26.880 --> 26:38.000] I ready went to pick up the report there are 11 people in here okay question the [26:38.000 --> 26:43.280] thousand dollars you keep stashed under your couch cushion was it still there [26:43.280 --> 27:02.160] yeah wrong answer oh well we'll have to bring him up to speed on this one your [27:02.160 --> 27:08.280] scash is probably missing a problem with coming in without a warrant and the [27:08.280 --> 27:16.200] problem was coming in without due cause and backup how long did it take back up [27:16.200 --> 27:22.800] to get there I'm saying probably within three to five minutes okay did the [27:22.800 --> 27:29.000] officer ever get out of your direct line of sight no yeah me I was I was facing [27:29.000 --> 27:35.480] down the ground any of me was on my back he had he called for backup this is [27:35.480 --> 27:41.840] pretty interesting it's unusual for a policeman to do to be this outrageous [27:41.840 --> 27:47.600] after the backup arrived what else occurred they were approaching I said [27:47.600 --> 27:51.000] get out of my house you don't have my consent to come in here get out [27:51.000 --> 27:57.200] kept saying that don't good get saying shut up shut up and then probably about [27:57.200 --> 28:02.480] five minutes then they took me out and then they start asking me for ID I said [28:02.480 --> 28:07.880] I don't have it let me go I'll go get in the house and so they searched me and [28:07.880 --> 28:11.520] said this guy doesn't have no ID he kept asking me what's your name and what's [28:11.520 --> 28:17.280] your legal name and I kept saying well I go by my last name and I go by a [28:17.280 --> 28:21.240] different a lot of different other names it goes no we need to know your legal [28:21.240 --> 28:30.040] name but I never gave that okay it doesn't matter what they the new law [28:30.040 --> 28:33.720] requires you to identify yourself the old law required it after you were under [28:33.720 --> 28:38.800] arrest and they were held up it would have held up even if the arrest was [28:38.800 --> 28:45.940] illegal but nothing's gonna hold up here these guys screwed up big time and they [28:45.940 --> 28:50.120] charged you with a crime and threw you in jail to cover their screw-up okay [28:50.120 --> 28:54.360] this they took you to Williamson County yes well first to the police station [28:54.360 --> 29:00.040] Round Rock and then to Wellington County at Round Rock I was I was questioned by [29:00.040 --> 29:04.480] another officer there and I basically told the same story because you know I'm [29:04.480 --> 29:08.880] not I'm not in the in the wrong here so the more people that know about and [29:08.880 --> 29:17.360] don't do anything about it well they can just add to the complaint yes did they [29:17.360 --> 29:24.600] take you okay what time of day was it about one o'clock 12 one o'clock the [29:24.600 --> 29:32.880] middle of the day oh wonderful where is the Round Rock Police Station relative [29:32.880 --> 29:39.160] to the Round Rock City Hall I would say about between three to five miles away [29:39.160 --> 29:45.200] okay listen hold on we're going to break stay on the line Arnold and we'll get [29:45.200 --> 29:49.720] back on the other side we're going to walk through due process here this is a [29:49.720 --> 29:53.240] perfect example boy they did a lot of things wrong here they're they're going [29:53.240 --> 29:59.080] down good old Williamson County [29:59.080 --> 30:04.480] are you the plaintiff or defendant in a lawsuit win your case without an [30:04.480 --> 30:09.520] attorney with jurisdictionary the affordable easy to understand for CD [30:09.520 --> 30:15.440] course that will show you how in 24 hours step-by-step if you have a lawyer [30:15.440 --> 30:20.400] know what your lawyer should be doing if you don't have a lawyer know what you [30:20.400 --> 30:24.080] should do for yourself thousands have won with our step-by-step [30:24.080 --> 30:29.480] course and now you can too jurisdictionary was created by a licensed [30:29.480 --> 30:34.720] attorney with 22 years of case-winning experience even if you're not in a [30:34.720 --> 30:39.040] lawsuit you can learn what everyone should understand about the principles [30:39.040 --> 30:43.640] and practices that control our American courts you'll receive our audio [30:43.640 --> 30:50.680] classroom video seminar tutorials forms for civil cases pro se tactics and much [30:50.680 --> 30:56.720] more please visit ruleoflawradio.com and click on the banner or call toll free [30:56.720 --> 31:11.720] 866-LAW-EASY [31:26.720 --> 31:54.240] okay we are back we're talking to Arnold in Texas and we're discussing okay [31:54.240 --> 31:58.560] Arnold you asked a question about where where the cop shop is in relation to [31:58.560 --> 32:07.040] Hall so hold on one moment Arnold you there yes okay okay so tell us okay we [32:07.040 --> 32:15.000] said about three miles how close did they get oh another question is there a [32:15.000 --> 32:21.840] JP anywhere around in the city of Brown Rock I don't know okay you need to find [32:21.840 --> 32:29.320] out where the mayor is okay if the mayor probably in this the smaller town the [32:29.320 --> 32:36.280] mayor is not full-time okay so find out where his office is find out where the [32:36.280 --> 32:42.400] nearest JP is you're looking for magistrates okay okay they took you to [32:42.400 --> 32:48.920] the police station how's your how long there probably say between 30 30 minutes [32:48.920 --> 32:57.600] an hour okay then they took you straight to jail yes how far was is Brown Rock [32:57.600 --> 33:05.320] okay they took you to Georgetown Georgetown Georgetown how far is in a [33:05.320 --> 33:12.600] way that would probably be between 30 30 months about 30 miles hmm good chance [33:12.600 --> 33:20.800] you need to find a magistrate that's closer than the jail okay you'd contact [33:20.800 --> 33:25.080] the magistrate and find out if the magistrate was in his all in at work at [33:25.080 --> 33:30.200] this time which is almost certainly going to be okay okay they took you to [33:30.200 --> 33:37.280] jail booked you in how long were you in jail before you saw a magistrate about [33:37.280 --> 33:51.920] 28 29 hours 29 good he means good for the fact of the case but if you got to [33:51.920 --> 33:58.040] go through this better they screw up more than screw up less okay you're [33:58.040 --> 34:03.840] gonna want the names of all of the jailers who were on duty at this time do [34:03.840 --> 34:14.360] you know the name of the magistrate who before yeah he's the same guy I can't [34:14.360 --> 34:18.440] remember the name already it's some weird name but I'll never forget his face [34:18.440 --> 34:23.480] though he's the same one that does it all the time over there because he did [34:23.480 --> 34:40.160] one oh yeah we met him already in fact he's the one that said that he said well [34:40.160 --> 34:43.800] how would you guys feel if all this changed in the next couple of weeks [34:43.800 --> 34:48.040] around here well that was what a year and a half ago I don't know some some of [34:48.040 --> 34:53.520] it's changed though sometimes that the magistrates do give the the file [34:53.520 --> 34:57.680] directly to the clerk of the court now but I guess sometimes they don't that's [34:57.680 --> 35:05.040] that's one thing we need to find out when you first saw the magistrate did [35:05.040 --> 35:12.480] the magistrate have a file in his hand that had your name on it well I'm kind [35:12.480 --> 35:19.360] of looking out like I'm supposed to analyze this guy he's a way up there on [35:19.360 --> 35:24.080] the bench I'm way down in here down you know the ground so I can't see any [35:24.080 --> 35:33.600] paperwork okay did you observe anyone come in and offer evidence to the court [35:33.600 --> 35:43.880] no okay okay the court is probably an 8 by 11 an 8 by 11 room where it just has [35:43.880 --> 35:48.080] like a real tall bench he sits up there with the computer and then two other [35:48.080 --> 35:56.680] ladies to his right and so you're looking up at him yeah I'm real familiar [35:56.680 --> 36:02.720] with that room when I was in there I said to the judge I said your honor can [36:02.720 --> 36:09.740] I ask a question he said yes mr. Kelton you can I said that file you got in [36:09.740 --> 36:13.920] front of you has it got my name on it there is he got information in there [36:13.920 --> 36:20.400] about me in it he said well yes it has where did you get that and he kind of [36:20.400 --> 36:26.320] stopped in his tracks and said well what do you mean who gave that to you he's an [36:26.320 --> 36:31.360] attorney then he knew exactly what I meant well mr. Kelton I'm not sure I [36:31.360 --> 36:37.680] know what you mean I said well we'll handle this in another form but he knew [36:37.680 --> 36:42.000] exactly what I meant well he had to because he called he called he called the [36:42.000 --> 36:48.240] name and he asked he asked me other questions yeah he already had so my [36:48.240 --> 36:57.160] question is is how did evidence get placed into the court record outside of [36:57.160 --> 37:02.360] a proper hearing oh yeah okay I do remember asking him when he set the bond [37:02.360 --> 37:07.480] I said I said can I ask you something he said I said go ahead I said don't you [37:07.480 --> 37:13.640] think that's a little outrageous bond he goes not for the offense and after I [37:13.640 --> 37:19.240] think he read yeah don't remember the word but I'm pretty sure he read the [37:19.240 --> 37:25.000] the officers affidavit or whatever you're gonna want okay now first thing [37:25.000 --> 37:35.560] you're gonna want to do is go to the the magistrate's office this magistrate is a [37:35.560 --> 37:42.560] an attorney find out where his office is go to his office and demand to see a [37:42.560 --> 37:52.520] copy of the warrant and he's not gonna know what you're talking about 15 16 15 [37:52.520 --> 37:58.520] point one six code of criminal procedure directs the magistrate after a warrant [37:58.520 --> 38:04.480] is executed to make the warrant open for public inspection now in this case you [38:04.480 --> 38:12.520] were arrested without arrested without a warrant 1620 code of criminal procedure [38:12.520 --> 38:21.080] if in an examining trial after the magistrate finds probable cause he must [38:21.080 --> 38:27.960] create an order under 1617 stating rather you released at your liberty [38:27.960 --> 38:34.760] bound over the to the court or bounded released on bail or bound to the jail [38:34.760 --> 38:42.760] and 1620 directs him to prepare a warrant if you're arrested without one he [38:42.760 --> 38:50.840] has to make one and 15 16 states that after arrest the magistrate must make [38:50.840 --> 38:55.880] the warrant immediately available for public inspection so go to his office [38:55.880 --> 39:02.560] wherever it is and demand to see a copy of the warrant you shouldn't have the [39:02.560 --> 39:07.300] order the order should have been sent to the clerk of the court that would be the [39:07.300 --> 39:16.400] next place you go take a witness with you wear a suit look like an attorney go [39:16.400 --> 39:24.440] to the county clerk and demand to see a file with your name on it and don't [39:24.440 --> 39:30.920] forget to take your digital recorder as well as your witness yes and you got a [39:30.920 --> 39:37.880] pencil write this down these are the documents you want to see you want to [39:37.880 --> 39:43.960] see what's probably going to happen is there's going to be no file with your [39:43.960 --> 39:49.760] name on it if there's no file with your name on it call security go down there's [39:49.760 --> 39:56.520] a big tall ball lieutenant and tell him I need you to come back up with me to [39:56.520 --> 40:02.800] the clerk's office I have been arrested have been put in your jail and she won't [40:02.800 --> 40:09.600] show me the records of the arrest ask him to come back up there go back up the [40:09.600 --> 40:13.840] clerks going to come out and tell you they don't have any records in the end [40:13.840 --> 40:26.040] write down 17.30 code of criminal procedure 17.30 tells the magistrate [40:26.040 --> 40:31.600] after an examining trial he is to seal all documents had in the hearing it's [40:31.600 --> 40:37.200] called certification of proceedings he's to certify the proceedings he's to seal [40:37.200 --> 40:42.160] all documents had in the hearing cause his name to be written across the seal [40:42.160 --> 40:46.320] of the envelope and forward it to the clerk of the court of jurisdiction this [40:46.320 --> 40:52.320] is the court of jurisdiction the magistrate was ordered by statute to do [40:52.320 --> 40:58.960] that and the court of jurisdiction claims they don't have it and you think [40:58.960 --> 41:05.640] the clerk is lying to you and you want the bailiff to arrest the clerk for the [41:05.640 --> 41:14.640] court clerk or the the county clerk okay yeah not the judge's clerk okay and [41:14.640 --> 41:19.040] they're going to do a little song and dance and say well they don't have them [41:19.040 --> 41:25.360] then you ask the lieutenant to take a criminal complaint from you and [41:25.360 --> 41:30.480] investigate the complaint and you really don't care what he does if he says no [41:30.480 --> 41:36.720] well okay we'll handle this another way and they're going to give you a song and [41:36.720 --> 41:42.640] dance about oh that's not how they do it so we don't care how they do it you do [41:42.640 --> 41:49.360] care what the law says they're supposed to do so either that clerk is hiding [41:49.360 --> 41:55.240] those records from me or that magistrate is hiding the records from the clerk [41:55.240 --> 42:00.440] either one of which is a felony and I want one of them arrested and I don't care [42:00.440 --> 42:06.760] which one it is because the law says is to be made of eggs to be sent to the [42:06.760 --> 42:09.480] clerk of the court and what they're going to say is well that's not an [42:09.480 --> 42:16.560] examining trial that is a magistration and I want to know what in the heck is a [42:16.560 --> 42:22.120] magistration I typed I typed magistration into Microsoft Word and it [42:22.120 --> 42:29.440] puts a little red line under it then recognize it I don't either it's not [42:29.440 --> 42:37.640] anywhere in statute they made it up what they're required to do is hold an [42:37.640 --> 42:44.640] examining trial and if they question that you say hold on here bail was set [42:44.640 --> 42:51.400] in the matter I posted bail therefore there had to be an examining trial as a [42:51.400 --> 43:02.120] matter of law write down 17.05 code of criminal procedure 17.05 says bail is [43:02.120 --> 43:09.320] entered is bail is taken by a magistrate after an examining trial by a judge in [43:09.320 --> 43:16.960] habeas corpus by a police officer under article 16 17 17 2021 22 and those three [43:16.960 --> 43:26.560] are cases where bail is preset by by statute so the magistrate took bail he [43:26.560 --> 43:31.920] can only do that after an examining trial if he did that at any other time [43:31.920 --> 43:36.280] he exercised an authority he does not have which is impersonating public [43:36.280 --> 43:42.040] officials okay wait hold on that he committed a felony we'll come back yeah [43:42.040 --> 43:44.880] yeah we'll just finish explaining this when we get back on their side okay hang [43:44.880 --> 43:49.760] on the line Arnold okay all right we'll be right back this is the rule of law [43:49.760 --> 43:55.120] Randy Kelton Eddie Craig Debra 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eight six nine one two six oh eight [44:46.520 --> 44:50.640] and see if you'll change your mind about drinking coffee again taste the [44:50.640 --> 45:18.040] difference feel the difference at hemp USA org today [45:18.040 --> 45:47.320] all right we are back we're speaking with Arnold from Texas okay go ahead [45:47.320 --> 45:52.040] Randy you were explaining about these felonies these guys are committing okay [45:52.040 --> 45:59.480] in order for the magistrate to set bond he has to hold an examining trial and an [45:59.480 --> 46:05.520] examining trial is a very specific hearing and there's a whole chapter in [46:05.520 --> 46:10.160] the code of criminal procedure defining what must be done at an examining trial [46:10.160 --> 46:22.360] did they appoint you counsel no according to Rothgarry versus County of [46:22.360 --> 46:31.080] Gillespie October last year the Supreme Court vilified the state and absolutely [46:31.080 --> 46:37.880] insisted that the preliminary hearing is a critical part of the prosecution and [46:37.880 --> 46:46.640] it it triggers the the right to representation by counsel did the judge [46:46.640 --> 46:53.440] advise you that you had a right to counsel yes right before the bail did he [46:53.440 --> 47:03.960] ask you if you had counsel no so I take it he didn't give you opportunity to [47:03.960 --> 47:11.320] secure counsel right that is a fatal flaw that one on itself is a fatal flaw [47:11.320 --> 47:15.360] you got a lot more but that's the first one let's go back to the arresting [47:15.360 --> 47:23.960] officer resting officer came into your house this nonsense of a 9-1-1 call [47:23.960 --> 47:28.840] there I guarantee you they're going to drop that one and they're going to try [47:28.840 --> 47:34.120] to pursue you on failure to identify they're going to drop that one because [47:34.120 --> 47:38.000] it never happened I don't know what he was doing at your door you indicated [47:38.000 --> 48:02.640] yesterday you may have an idea what is that yes tell us about that [48:08.440 --> 48:14.540] private property was that on your automobile yes would you happen to have [48:14.540 --> 48:22.040] a no trespass sign on your property I didn't have one on there okay you get a [48:22.040 --> 48:26.800] thump for that but just one yeah but I did now I did put it on I think this was [48:26.800 --> 48:31.640] a they wake up call for me to finish the full go full circle and start doing [48:31.640 --> 48:39.160] everything okay okay that in your thing you think maybe he saw that plate and [48:39.160 --> 48:46.680] that's the reason he knocked on the door yes okay we first thing we do is you [48:46.680 --> 48:53.200] need to go down in the morning and and to the police department and demand a [48:53.200 --> 49:01.160] copy of the 9-1-1 tapes from the date of this arrest look on my website under [49:01.160 --> 49:07.160] top frog on the right documents and research in there there's a blanks [49:07.160 --> 49:15.400] folder in the blanks folder you'll find blank information it'll be blank info [49:15.400 --> 49:20.420] it's an information request no they're supposed to be open on Saturday to the [49:20.420 --> 49:24.640] record the police are always there you don't care you just want to put them on [49:24.640 --> 49:32.240] notice give them a request demand those 9-1-1 tapes and they're gonna say well [49:32.240 --> 49:36.160] we don't have them I don't care what you got I'm gonna give it to you whoever's [49:36.160 --> 49:41.880] got them you need to come up with them just take you give them that and take a [49:41.880 --> 49:45.560] recorder with you and record what goes on don't get in a fight with them or [49:45.560 --> 49:50.240] anything just ask them to take this and if you don't have them just let me know [49:50.240 --> 49:55.080] who does have them so I can add request them from the correct person but I need [49:55.080 --> 49:58.720] you to initial that you receive this or if you've got a date stamp put me a [49:58.720 --> 50:03.700] little stamp on it and make me a copy of the first of the front page I think is [50:03.700 --> 50:07.480] only one page that's two pages so make me a copy of the front page with your [50:07.480 --> 50:12.320] little stamp or a little initial that you received it today well I think the [50:12.320 --> 50:18.400] police will probably get angry on that one so when it'd be more about you hand [50:18.400 --> 50:24.920] them the written request they're gonna say you know I've done this a lot of [50:24.920 --> 50:30.320] times right and if you go down there asking for records they'll say one thing [50:30.320 --> 50:35.640] but if you go down there and hand them the document that tells them you know [50:35.640 --> 50:40.120] what you're doing okay and they'll you I suggest you don't say anything to them [50:40.120 --> 50:45.960] you just add the best thing to do is ask who's the custodian of the record for [50:45.960 --> 50:52.240] the department and they'll say huh there's either a designated custodian of [50:52.240 --> 50:57.480] the record for each governmental department or the director of the agency [50:57.480 --> 51:02.880] is the custodian of the record so you go down there and you ask whoever's in the [51:02.880 --> 51:08.680] window who is the custodian the record now they may have a records officer and [51:08.680 --> 51:13.600] if they have a records officer ask them to get them and if they say well she's [51:13.600 --> 51:18.680] not here today well here take this give it to the records officer just initial [51:18.680 --> 51:22.840] that you got it today and make me a copy of the front page so I can prove that I [51:22.840 --> 51:28.640] filed this here today and that tells them that you know know the law [51:28.640 --> 51:36.520] underlying and you'll seldom get any any argument if you do first thing someone [51:36.520 --> 51:42.760] approaches you ask them what their name is ask them what the rank is ask them [51:42.760 --> 51:49.320] what their duty is what their position is and you don't care if they answer [51:49.320 --> 51:55.120] it's a police tactic they first thing they do is when we start asking you [51:55.120 --> 52:03.440] questions so what I generally do is the first thing I do is say my name is I [52:03.440 --> 52:10.880] tell them my name that's all on under open records the custodian of the record [52:10.880 --> 52:19.320] may make two inquiries of the requester he may inquire into his name and the [52:19.320 --> 52:29.080] record sought that's exclusive they may ask nothing else if they ask you why you [52:29.080 --> 52:36.120] need to see this don't ask me that and if it's a low-level clerk or something I [52:36.120 --> 52:41.160] tell them look I do not want you compromised you can't know why I'm [52:41.160 --> 52:45.120] looking for these records otherwise you'll be compromised so if you're not [52:45.120 --> 52:49.440] the custodian of the record you need to get me the custodian of the record [52:49.440 --> 52:53.480] they'll know what to do with this and that always kind of makes them nervous [52:53.480 --> 52:58.040] and then they start trying to do things right to keep them getting in trouble if [52:58.040 --> 53:06.680] they don't have a designated records officer then tell them just give it to [53:06.680 --> 53:11.240] the chief because if you don't have a records officer the chief is the [53:11.240 --> 53:14.480] designated custodian of the record just give it to him you'll know what to do [53:14.480 --> 53:20.520] with it and then walk away leave it there you don't care what they do with [53:20.520 --> 53:26.680] it they got to they got 15 days you don't care what they do even if they [53:26.680 --> 53:32.320] don't sign it you don't care you hand it to them I did this to a district judge [53:32.320 --> 53:39.920] in Waco handed him a motion that they could that the clerk refused to accept [53:39.920 --> 53:43.880] so I went to the district judge and I said your honor I tried to file this [53:43.880 --> 53:47.160] document with the clerk and she wouldn't take it when you look at this and he [53:47.160 --> 53:53.080] took it and read it it was a motion asking to disqualify the judge he said [53:53.080 --> 53:57.400] I'm not accepting this and he handed it back to me and I held up both hands with [53:57.400 --> 54:05.000] my palms out I said Bubba you got it you keep it and turned walked out sorry [54:05.000 --> 54:10.840] Bubba you screwed up and this is what you do okay to the people there you walk [54:10.840 --> 54:15.320] in first thing you do you see here I came to file this and once they've got [54:15.320 --> 54:21.240] it you you don't take it back only thing you take back is a copy with the [54:21.240 --> 54:25.360] signature on it they don't give you that you don't take that and if they say well [54:25.360 --> 54:28.520] we're not gonna do anything with it with are the trash I don't care what you do [54:28.520 --> 54:36.800] with it see you later okay what that does is put them on notice and especially [54:36.800 --> 54:41.200] if you don't let them get in get you into any kind of altercation if an [54:41.200 --> 54:46.120] officer tries to talk to you tell no no no no no you can't talk to me open [54:46.120 --> 54:50.200] records law forbids it you're violating law and we we don't want to do that we [54:50.200 --> 54:55.880] don't want to cause any extra problems here so beg off that way don't talk to [54:55.880 --> 55:00.400] them don't answer their questions just get the document to them and get out now [55:00.400 --> 55:03.640] they have constructive notice that you'll be requesting these these [55:03.640 --> 55:10.000] materials if they disappear it or if they say well the tapes got erased or [55:10.000 --> 55:14.440] some nonsense these are 9-1-1 tapes they never get erased a lot of other stuff [55:14.440 --> 55:20.920] does but not 9-1-1 so if they anything happens to it then the court will be [55:20.920 --> 55:27.440] required to presume that the 9-1-1 tapes had on it what you say was on it and [55:27.440 --> 55:34.360] that whatever the police says was on it was not on it so you're gonna say there [55:34.360 --> 55:39.400] was no 9-1-1 call they're gonna say there was a 9-1-1 call and the court is [55:39.400 --> 55:44.620] going to be required to accept what you say because they what didn't produce the [55:44.620 --> 55:50.000] tapes so and that kind of lets them know that that starts the ball rolling what [55:50.000 --> 55:56.480] you want to do is get them to dismiss the prosecution and this is how Deborah [55:56.480 --> 56:02.400] and I got it done Deborah got the county attorney to cop to a felony then we went [56:02.400 --> 56:09.640] to the district clerk and I'm in the county clerk and asked for the records [56:09.640 --> 56:15.360] and she didn't have them and I went and got security and we did this little song [56:15.360 --> 56:20.640] and dance and wound up going to the county attorney who was supposed to have [56:20.640 --> 56:25.920] it and he came out with a file and we went through a song and dance about how [56:25.920 --> 56:32.720] we had just come from the county clerk looking for the file in my case and she [56:32.720 --> 56:43.640] didn't have a copy of it and he said Deborah will you tell that story maybe [56:43.640 --> 56:48.240] she's tied up she maybe screen calls anyway we we asked for these records I [56:48.240 --> 56:53.240] told him I said that the clerk's office and there's no records I was arrested I [56:53.240 --> 56:57.600] spent some time in jail and he said well that's because there's not a prosecution [56:57.600 --> 57:03.480] so he means not a product prosecution I went to jail and according to the the [57:03.480 --> 57:07.880] case law a prosecution commences when a person is arrested or when a complaints [57:07.880 --> 57:11.240] presented to some magistrate and I was brought before a magistrate somebody has [57:11.240 --> 57:14.920] to give that magistrate a complaint for me to be brought before him so where is [57:14.920 --> 57:20.440] it the magistrates commanded by 1730 to seal in an envelope Senate clerk the [57:20.440 --> 57:25.760] court court don't clerk doesn't have it now somebody's got it and whoever does [57:25.760 --> 57:30.480] have it has it to the exclusion of the clerk of the court and that's a felon in [57:30.480 --> 57:39.560] the state of Texas so tell me do you have it oh no no no no no and Debra said [57:39.560 --> 57:46.680] that file he's holding isn't that the one you're looking for and he's got [57:46.680 --> 57:51.200] this file in his hand it is it's like it's a hot potato he's looking for a [57:51.200 --> 57:58.360] place to throw it down she said is there anything from the magistrate in that file [57:58.360 --> 58:09.040] he said well I don't know I suppose he copped to a felony okay listen we need [58:09.040 --> 58:14.920] to we need to go to break we're at the top of the hour here okay wonderful [58:14.920 --> 58:19.200] stuff when we come back we'll go to the criminal complaint criminal charges on [58:19.200 --> 58:23.480] the police office okay wonderful Robert Lisa just hang on the line we'll be [58:23.480 --> 58:49.960] getting to you coming up soon this is a rule of law [58:53.480 --> 59:03.640] this is Randall Kelton from rule of law radio many of you have been helped by [59:03.640 --> 59:09.280] the informative programming on 90.1 now 90.1 needs your help the operators of [59:09.280 --> 59:14.040] 90.1 are in a legal battle with the FCC to stay on the air and they need [59:14.040 --> 59:18.840] letters from your listeners testifying that 90.1 serves the public interest by [59:18.840 --> 59:23.400] bringing truthful news and information that no other station does Brave New [59:23.400 --> 59:27.640] Books is not associated with the Austin Micros but they have agreed to help by [59:27.640 --> 59:33.040] collecting your letters please drop off or mail your letters to Brave New Books [59:33.040 --> 59:41.520] attention Austin Micros 90.1 1904 Guadalupe Suite B Austin Texas 78705 [59:41.520 --> 59:45.600] there are also form letters at the bookstore that folks can decide please [59:45.600 --> 59:50.320] help keep 90.1 on the air by getting your letters to Brave New Books as soon as [59:50.320 --> 59:55.400] possible let the FCC know that 90.1 serves the public interest by bringing [59:55.400 --> 59:59.720] truthful news and information that can't be found anywhere else [59:59.720 --> 01:00:05.520] this news brief brought to you by the International News Net in Delhi more than [01:00:05.520 --> 01:00:10.900] 600 students marched against the use of the genetically engineered eggplant BT [01:00:10.900 --> 01:00:16.200] Brinjal patented by the US chemical giant Monsanto trapped by the high cost [01:00:16.200 --> 01:00:22.080] and debt from GMO companies patented seeds 200,000 farmers have committed [01:00:22.080 --> 01:00:28.400] suicide in India the largest mass suicide in history the UK Guardian says [01:00:28.400 --> 01:00:32.680] less than a year after Barack Obama signed an executive order prohibiting [01:00:32.680 --> 01:00:37.960] torture evidence is emerging the CIA is cooperating with Palestinian security [01:00:37.960 --> 01:00:42.400] agents who are allegedly torturing supporters of Hamas in the West Bank [01:00:42.400 --> 01:00:48.640] Pentagon auditors have challenged nearly 1 billion dollars in charges by military [01:00:48.640 --> 01:00:54.640] contractors in Afghanistan the defense contract audit agency examined 5.9 [01:00:54.640 --> 01:01:00.640] billion dollars in troop support contracts and determined 950 million of [01:01:00.640 --> 01:01:05.360] the costs were unreasonable or lacked enough documentation to support the [01:01:05.360 --> 01:01:15.680] Indian officials believe David Headley a key terror suspect who allegedly helped [01:01:15.680 --> 01:01:21.440] plan last year's Mumbai attacks was a US spy who went rogue Headley who was [01:01:21.440 --> 01:01:25.640] arrested in October is accused of reconnoitering targets in India and [01:01:25.640 --> 01:01:31.880] Europe for Laksha a Tiber let the Pakistan based terror group behind the [01:01:31.880 --> 01:01:37.880] Mumbai attacks and of having links to Al Qaeda Headley was arrested in 1997 for [01:01:37.880 --> 01:01:41.840] heroin smuggling and earned a reduced sentence by working for the drug [01:01:41.840 --> 01:01:47.360] enforcement agency infiltrating Pakistan linked narcotics gangs Indian [01:01:47.360 --> 01:01:51.880] investigators suspect he remained on the payroll of the CIA but switched his [01:01:51.880 --> 01:01:57.700] allegiance to let Headley was in Mumbai until two weeks before the attacks which [01:01:57.700 --> 01:02:05.360] claimed 166 lives last November it's alleged he spent months checking targets [01:02:05.360 --> 01:02:10.640] in India's commercial capital using his Western looks and anglicized name to [01:02:10.640 --> 01:02:16.240] move in elite social circles hobnob with Bollywood actors and pass himself off as [01:02:16.240 --> 01:02:22.600] Jewish the UK independent says the Copenhagen climate summit is using [01:02:22.600 --> 01:02:26.800] Enron style accounting to give the impression of cuts in carbon emissions [01:02:26.800 --> 01:02:32.400] without really doing so in 1990 nations were allocated permits to release [01:02:32.400 --> 01:02:37.440] greenhouse gases the Soviet Union was given a huge allocation but collapse the [01:02:37.440 --> 01:02:41.680] following year but Russia in Eastern European countries held on to their [01:02:41.680 --> 01:02:46.360] permits in all negotiations as theirs now they are selling them to rich [01:02:46.360 --> 01:02:51.880] countries that want to purchase cuts the independent says in addition Canadian [01:02:51.880 --> 01:02:55.640] Swedish and Finnish logging companies have successfully pressured their [01:02:55.640 --> 01:02:59.760] governments to allow them to cut down almost all trees without losing carbon [01:02:59.760 --> 01:03:02.200] credits [01:03:03.520 --> 01:03:09.240] you are listening to the rule of law radio network and rule of law radio dot [01:03:09.240 --> 01:03:14.880] com live free speech talk radio at its best [01:03:14.880 --> 01:03:17.880] Oh [01:03:44.880 --> 01:03:51.880] I won't pay for the war with my body Ain't gonna pay for the car with my money [01:03:51.880 --> 01:03:58.880] I won't pay for the fun with my body Their plans wicked and their logic shoddy [01:03:58.880 --> 01:04:05.880] Ain't gonna pay for the oil with my body I won't pay for the boys with my money [01:04:05.880 --> 01:04:09.880] Ain't gonna pay for the kids with my body [01:04:09.880 --> 01:04:19.880] The whole agenda smells funny I wanna fight in a war of my own [01:04:19.880 --> 01:04:32.880] That one would be let back to their throne I wanna pay for a war of my own [01:04:32.880 --> 01:04:39.880] They live in glass houses so I can watch them go home [01:04:39.880 --> 01:04:44.880] I wanna fight in a war I can win I can never win no one [01:04:44.880 --> 01:05:06.880] They hate at me and that one I lose Okay, we are back. Alright, go ahead, Randy. Please continue. [01:05:14.880 --> 01:05:25.880] Okay, it was a different officer that took me to the station. [01:05:44.880 --> 01:05:52.880] The second person does or does not do. The second person is also responsible for what they do or do not do. [01:05:52.880 --> 01:05:57.880] But so is the first. Everybody touches the car, baby. [01:05:57.880 --> 01:06:02.880] So that makes the original rest, well the original rest was absolutely bogus anyway. [01:06:02.880 --> 01:06:09.880] He came into your house. He put his hands on you. He injured you in your house. [01:06:09.880 --> 01:06:15.880] But you couldn't resist him because he was wearing a loaded pistol. [01:06:15.880 --> 01:06:18.880] That's called aggravated assault in the state of Texas. [01:06:18.880 --> 01:06:28.880] Violation 2204 paragraph 2B.A. No, no, no. B2A. [01:06:28.880 --> 01:06:32.880] And it's a first degree felony. [01:06:32.880 --> 01:06:35.880] He then took you into physical custody. [01:06:35.880 --> 01:06:44.880] Aggravated kidnapping because he took you into custody for the purpose of the facilitation of the commission of a felony. [01:06:44.880 --> 01:06:48.880] The 1730 violation. Got him. [01:06:48.880 --> 01:06:51.880] He also because he was displaying a deadly weapon. [01:06:51.880 --> 01:06:55.880] Either one of those makes it aggravated kidnapping. [01:06:55.880 --> 01:07:00.880] And then malicious prosecution because he filed a false complaint. [01:07:00.880 --> 01:07:06.880] The 911 tapes are not going to show a 911 call. [01:07:06.880 --> 01:07:09.880] Clearly he screwed up. [01:07:09.880 --> 01:07:17.880] What he did was when you didn't answer the door and he opened it and saw you there and you told him to get out. [01:07:17.880 --> 01:07:21.880] It most likely surprised him. [01:07:21.880 --> 01:07:31.880] And they're taught to have absolute control and to have a citizen tell a policeman to do something and him actually do it is losing control. [01:07:31.880 --> 01:07:35.880] And he absolutely can't let that happen. [01:07:35.880 --> 01:07:38.880] He's trained not to ever let that happen. [01:07:38.880 --> 01:07:42.880] So he had to take control. [01:07:42.880 --> 01:07:46.880] And he did something incredibly stupid. [01:07:46.880 --> 01:07:53.880] Charging into a man's house and tackling a man, tackling him inside his house. [01:07:53.880 --> 01:08:00.880] And then charging him with a crime because he didn't have ID on him. [01:08:00.880 --> 01:08:06.880] Okay. So aggravated assault, aggravated kidnapping. [01:08:06.880 --> 01:08:09.880] And also robbery because they took the plate off. [01:08:09.880 --> 01:08:13.880] Ah, good. Aggravated robbery. They had loaded pistols on. [01:08:13.880 --> 01:08:17.880] Actually, that's got a secondary burglary of a vehicle. [01:08:17.880 --> 01:08:21.880] Good. We stack them up. [01:08:21.880 --> 01:08:24.880] And they're going to say, well, nobody else will prosecute me for it. [01:08:24.880 --> 01:08:29.880] We'll see about that because then we start the routine on the prosecuting attorney. [01:08:29.880 --> 01:08:32.880] Once we get through this, I'll show you how to walk through the system. [01:08:32.880 --> 01:08:40.880] Okay. Malicious prosecution, tampering with the government document, aggravated perjury. [01:08:40.880 --> 01:08:45.880] He took a government document and put on a statement he knew to be untrue, [01:08:45.880 --> 01:08:53.880] intended that it be taken as true, and he filed it under oath, aggravated perjury. [01:08:53.880 --> 01:09:00.880] He accused you of a crime he knew you didn't commit, malicious prosecution. [01:09:00.880 --> 01:09:07.880] He took that document and filed it with a government agency. [01:09:07.880 --> 01:09:10.880] And it had a false statement on it, and he intended it to be taken as true. [01:09:10.880 --> 01:09:15.880] That's tampering with the government document. [01:09:15.880 --> 01:09:17.880] Let's see what else we can get in for. [01:09:17.880 --> 01:09:20.880] When we walk through it in detail, we can find even more. [01:09:20.880 --> 01:09:28.880] Now, here's the problem. Everybody's guilty of everything, the Tar Baby Syndrome. [01:09:28.880 --> 01:09:35.880] They took you and put you in the custody of the jailers. They're guilty of everything. [01:09:35.880 --> 01:09:37.880] But would you like a summarized list? [01:09:37.880 --> 01:09:38.880] Yeah. [01:09:38.880 --> 01:09:43.880] Impersonating a public servant, aggravated assault, aggravated kidnapping, [01:09:43.880 --> 01:09:48.880] aggravated perjury, abusive process, official misconduct, official oppression, [01:09:48.880 --> 01:09:52.880] abusive official capacity, tampering with a governmental record, [01:09:52.880 --> 01:09:57.880] tampering with or fabricating physical evidence, aggravated robbery, [01:09:57.880 --> 01:10:00.880] and burglary of a vehicle. [01:10:00.880 --> 01:10:04.880] And if he entered your place without anything else, breaking and entering. [01:10:04.880 --> 01:10:05.880] Criminal trespass. [01:10:05.880 --> 01:10:07.880] That too. [01:10:07.880 --> 01:10:12.880] He didn't break, but he did commit criminal trespass. [01:10:12.880 --> 01:10:15.880] That's not bad for starters. [01:10:15.880 --> 01:10:23.880] Okay, now we make up all the complaints, and we put them in an envelope. [01:10:23.880 --> 01:10:28.880] If you take them to a notary, and I'll show you how to do all of this. [01:10:28.880 --> 01:10:30.880] I have most of them already made up. [01:10:30.880 --> 01:10:35.880] Take them to a notary, sign them in front of the notary, have the notary verified. [01:10:35.880 --> 01:10:42.880] Now, in doing this, you're perfectly safe as long as you tell the truth. [01:10:42.880 --> 01:10:47.880] When you state facts, state the facts clearly and succinctly [01:10:47.880 --> 01:10:51.880] without equivocation or exaggeration. [01:10:51.880 --> 01:10:54.880] State precisely what happened. [01:10:54.880 --> 01:11:01.880] Now, from those facts, you can come to any conclusion you please. [01:11:01.880 --> 01:11:04.880] You can be right, you can be wrong, there's no difference. [01:11:04.880 --> 01:11:10.880] So when you file a criminal complaint, as long as you tell the truth [01:11:10.880 --> 01:11:17.880] when you state the facts, you're absolutely immune from any kind of blowback. [01:11:17.880 --> 01:11:26.880] If anybody tries to do anything from you, 3605, 3606, tampering with a witness, [01:11:26.880 --> 01:11:29.880] obstruction of justice. [01:11:29.880 --> 01:11:34.880] Everything they do from the point that you start filing complaints, [01:11:34.880 --> 01:11:37.880] things go downhill for them. [01:11:37.880 --> 01:11:40.880] Always when you're around them, have pencil and paper, [01:11:40.880 --> 01:11:44.880] first person who speaks to you, ask their name. [01:11:44.880 --> 01:11:48.880] Anybody who has anything to do with you, ask their name, first thing. [01:11:48.880 --> 01:11:52.880] Yes, and this is a big point where that recorder should always be in your presence [01:11:52.880 --> 01:11:57.880] and running if you are interacting with a public official at any time. [01:11:57.880 --> 01:12:02.880] And it's a good idea to take two, get you one of these pen recorders, [01:12:02.880 --> 01:12:05.880] and get another recorder and hold it in your hand. [01:12:05.880 --> 01:12:11.880] Now, there's another thing that if you can show that they are now working together [01:12:11.880 --> 01:12:16.880] to protect each other in this matter, that adds additional charges. [01:12:16.880 --> 01:12:21.880] That adds fraud, criminal conspiracy, and organized criminal activity. [01:12:21.880 --> 01:12:22.880] Street gang. [01:12:22.880 --> 01:12:25.880] In Texas, it's Chapter 72. [01:12:25.880 --> 01:12:26.880] 71. [01:12:26.880 --> 01:12:27.880] 71-02. [01:12:27.880 --> 01:12:28.880] 71-02. [01:12:28.880 --> 01:12:36.880] Penal code is if there is a group that engages in ongoing criminal enterprise [01:12:36.880 --> 01:12:41.880] and they have a recognizable hierarchy, that's a street gang. [01:12:41.880 --> 01:12:46.880] My document, The Frog Farm Conspiracy, is subtitled, [01:12:46.880 --> 01:12:54.880] Is the Frog Farm Conspiracy or How Texas Criminal Justice Became a Street Gang? [01:12:54.880 --> 01:12:55.880] Okay. [01:12:55.880 --> 01:12:56.880] Take you to the jailers. [01:12:56.880 --> 01:13:00.880] You charge the jailers with everything, including... [01:13:00.880 --> 01:13:04.880] Oh, they took me to the jailer as a John Doe. [01:13:04.880 --> 01:13:06.880] And the jailer overheard the clerk say, [01:13:06.880 --> 01:13:13.880] well, we can't put this guy in jail without a name. [01:13:13.880 --> 01:13:15.880] Did you give them your name at the jail? [01:13:15.880 --> 01:13:21.880] At the end, I said, I go by this name, and they're just looking and looking and looking. [01:13:21.880 --> 01:13:23.880] I said, oh, there's a picture. [01:13:23.880 --> 01:13:25.880] We have them. [01:13:25.880 --> 01:13:26.880] Okay. [01:13:26.880 --> 01:13:28.880] So you did identify yourself. [01:13:28.880 --> 01:13:29.880] Well, yeah, I did. [01:13:29.880 --> 01:13:33.880] Even at the house, I identified who I was. [01:13:33.880 --> 01:13:37.880] Okay, good. [01:13:37.880 --> 01:13:40.880] Okay, now we get to the jailers. [01:13:40.880 --> 01:13:41.880] Did they... [01:13:41.880 --> 01:13:45.880] Okay, they took your fingerprints? [01:13:45.880 --> 01:13:47.880] Oh, let me stop you there. [01:13:47.880 --> 01:13:53.880] As soon as they found the picture, they said, okay, we got a match here. [01:13:53.880 --> 01:14:00.880] And then they said, they called the officer that brought me in saying, [01:14:00.880 --> 01:14:03.880] you need to come over here and change or whatever. [01:14:03.880 --> 01:14:06.880] And they were doing some white outs on the report. [01:14:06.880 --> 01:14:10.880] I was right there watching them from the cell. [01:14:10.880 --> 01:14:11.880] Good. [01:14:11.880 --> 01:14:15.880] Okay, they took biometric data. [01:14:15.880 --> 01:14:16.880] Yes. [01:14:16.880 --> 01:14:19.880] That's a felony. [01:14:19.880 --> 01:14:22.880] I forgot the number, 38 something or other. [01:14:22.880 --> 01:14:25.880] It's a felony to take biometric data. [01:14:25.880 --> 01:14:30.880] It goes to using it for identity theft, but they stole your identity. [01:14:30.880 --> 01:14:34.880] They put it on in a court record. [01:14:34.880 --> 01:14:36.880] It'll never go away no matter what. [01:14:36.880 --> 01:14:41.880] That'll always be in the court record. [01:14:41.880 --> 01:14:49.880] Okay, then they brought you before a magistrate who set bail. [01:14:49.880 --> 01:14:58.880] But you didn't observe anyone offer evidence into the court record? [01:14:58.880 --> 01:14:59.880] No. [01:14:59.880 --> 01:15:04.880] Okay, that's required under an examining trial. [01:15:04.880 --> 01:15:08.880] I think it's 1607 says that Texas rules of evidence apply. [01:15:08.880 --> 01:15:10.880] Well, you can't just give a judge evidence. [01:15:10.880 --> 01:15:13.880] You have to do it in open court. [01:15:13.880 --> 01:15:19.880] And the opposing party has an opportunity to look at the evidence first and object to it. [01:15:19.880 --> 01:15:21.880] You weren't given that opportunity. [01:15:21.880 --> 01:15:30.880] So since they have to present evidence to a judge in an open hearing and bail was set, [01:15:30.880 --> 01:15:34.880] there's reasonable cause to believe that an examining trial was held. [01:15:34.880 --> 01:15:37.880] Since there's bail, there had to be an examining trial. [01:15:37.880 --> 01:15:40.880] But you weren't there. [01:15:40.880 --> 01:15:47.880] So since the jailers had the files, the only place the judge could have gotten the files [01:15:47.880 --> 01:15:53.880] or the magistrate could have gotten the files is from the jailers. [01:15:53.880 --> 01:15:58.880] I had an ex parte hearing, official oppression. [01:15:58.880 --> 01:16:03.880] That goes to the Constitution, denying you in a public court, [01:16:03.880 --> 01:16:07.880] denying you an opportunity to be faced very curiously, a whole stack of them. [01:16:07.880 --> 01:16:09.880] We do all of those. [01:16:09.880 --> 01:16:11.880] We charge the jailers. [01:16:11.880 --> 01:16:12.880] We don't know which one did it. [01:16:12.880 --> 01:16:13.880] They all did it. [01:16:13.880 --> 01:16:15.880] Doesn't matter which one did it. [01:16:15.880 --> 01:16:16.880] They all participated with one another. [01:16:16.880 --> 01:16:18.880] They all touched the tar baby. [01:16:18.880 --> 01:16:22.880] The jailers are the ones that will be the best because they're the ones that are innocent [01:16:22.880 --> 01:16:25.880] and they'll scream the loudest. [01:16:25.880 --> 01:16:30.880] So after this break, we will start taking some calls. [01:16:30.880 --> 01:16:34.880] This is kind of the basics of due process. [01:16:34.880 --> 01:16:40.880] When we get back, we'll also talk about how to file and work the criminal complaints [01:16:40.880 --> 01:16:43.880] to get to the grand jury. [01:16:43.880 --> 01:16:44.880] Okay. [01:16:44.880 --> 01:16:45.880] Okay. [01:16:45.880 --> 01:16:49.880] This is Brandy Kelton, Debra Stevens, Wheel of Law. [01:16:49.880 --> 01:16:50.880] It's going to be a good show. [01:16:50.880 --> 01:16:59.880] We'll be right back after this break. [01:16:59.880 --> 01:17:00.880] Hello, Austin. [01:17:00.880 --> 01:17:02.880] My name is Harlan Deidre, owner of Brave New Books, [01:17:02.880 --> 01:17:04.880] a local independent bookstore here in town. [01:17:04.880 --> 01:17:08.880] Many of you are familiar with the bookstore and have attended some of our events. [01:17:08.880 --> 01:17:12.880] We've been proud to host speakers like Alex Jones, Ron Paul, Jim Mars, Katherine Albert, [01:17:12.880 --> 01:17:17.880] Wester Carpley, G. Edward Griffin, and many other heroic figures in the patriot movement. [01:17:17.880 --> 01:17:19.880] But now Brave New Books needs your help. [01:17:19.880 --> 01:17:24.880] In order to continue to provide a space for these events and be an outlet for hard-to-find materials, [01:17:24.880 --> 01:17:28.880] we're going to need you, Austin, to help spread the word about the bookstore. [01:17:28.880 --> 01:17:32.880] Please tell your friends and family about the wide variety of materials we offer. [01:17:32.880 --> 01:17:36.880] We also have DVD duplication capabilities for all you activists. [01:17:36.880 --> 01:17:40.880] Also, if you haven't visited us yet, please come down and show your support. [01:17:40.880 --> 01:17:45.880] It is so easy to support the big corporate chain stores that do nothing to further our message. [01:17:45.880 --> 01:17:47.880] Remember, you vote with your dollars. [01:17:47.880 --> 01:17:49.880] We're counting on you, Austin. [01:17:49.880 --> 01:17:56.880] If you need any information, please call 512-480-2503 or visit us at 1904 Guadalupe Street. [01:17:56.880 --> 01:17:59.880] Thank you, everyone. [01:18:19.880 --> 01:18:21.880] Okay, we're back. Go ahead, Randy. [01:18:21.880 --> 01:18:27.880] Okay, Luke, I'll kind of go quickly through how to handle criminal complaints. [01:18:27.880 --> 01:18:35.880] We'll make up a set of criminal complaints, and you'll want two copies of each one. [01:18:35.880 --> 01:18:43.880] The first copy you'll take to the Justice of the Peace or to your bank, to any notary, and get them notarized. [01:18:43.880 --> 01:18:46.880] Sign them in front of the notary, get them notarized. [01:18:46.880 --> 01:18:54.880] Take a second set that's not notarized and go to the district attorney's office. [01:18:54.880 --> 01:18:55.880] I don't know if I should. [01:18:55.880 --> 01:19:00.880] I did that in Williamson County, and I wound up getting beat up and thrown in jail. [01:19:00.880 --> 01:19:06.880] But then again, I kind of crawl down these cops' throats. [01:19:06.880 --> 01:19:09.880] But okay, this is the routine. [01:19:09.880 --> 01:19:13.880] You go down to the district attorney's office, and you ask to speak to the district attorney, [01:19:13.880 --> 01:19:14.880] and they'll say, can I tell them what it's about? [01:19:14.880 --> 01:19:18.880] I say, yeah, I have some criminal complaints to file against some public officials. [01:19:18.880 --> 01:19:22.880] That will guarantee that the district attorney will not talk to you. [01:19:22.880 --> 01:19:26.880] They will send out this investigator. [01:19:26.880 --> 01:19:33.880] And when he comes out, he'll want to talk to you, and you ask him, are you a prosecuting attorney? [01:19:33.880 --> 01:19:35.880] And he'll say, well, no, I'm not. [01:19:35.880 --> 01:19:41.880] And if he doesn't tell you, then ask him, are you an investigator for the district attorney's office? [01:19:41.880 --> 01:19:43.880] And he'll say, yes, I am. [01:19:43.880 --> 01:19:44.880] Oh, wonderful. [01:19:44.880 --> 01:19:46.880] You're just the guy I need. [01:19:46.880 --> 01:19:48.880] Here, verify these. [01:19:48.880 --> 01:19:51.880] Give him the unverified criminal complaints. [01:19:51.880 --> 01:19:53.880] Yeah, notarized. [01:19:53.880 --> 01:19:54.880] Not notarized. [01:19:54.880 --> 01:19:55.880] Okay. [01:19:55.880 --> 01:19:58.880] Keep your notarized ones with you. [01:19:58.880 --> 01:20:00.880] And he'll say, well, I can't do that. [01:20:00.880 --> 01:20:01.880] Sure you can. [01:20:01.880 --> 01:20:02.880] You're a certified police officer, aren't you? [01:20:02.880 --> 01:20:03.880] And you'll say, yes, I am. [01:20:03.880 --> 01:20:06.880] Then you're authorized to verify criminal affidavits. [01:20:06.880 --> 01:20:07.880] Here, I'll sign these in front of you. [01:20:07.880 --> 01:20:11.880] I want you to verify that I signed them. [01:20:11.880 --> 01:20:15.880] That'll generally get you the prosecuting attorney. [01:20:15.880 --> 01:20:18.880] And he'll say, well, I need to go talk to the prosecutor. [01:20:18.880 --> 01:20:23.880] Then give him the set that is verified. [01:20:23.880 --> 01:20:24.880] Don't say anything about it. [01:20:24.880 --> 01:20:25.880] Just give it to him. [01:20:25.880 --> 01:20:28.880] Make sure you've already made a copy. [01:20:28.880 --> 01:20:32.880] And he'd take those back there and show them to the district attorney. [01:20:32.880 --> 01:20:39.880] And what he came back and said to me was the district attorney declined my offer. [01:20:39.880 --> 01:20:40.880] That's when I call 911. [01:20:40.880 --> 01:20:43.880] I don't suggest you call 911. [01:20:43.880 --> 01:20:45.880] That got me thrown in jail. [01:20:45.880 --> 01:20:53.880] But just tell him, you know, when he tells you that, say, okay, it's your call, guys. [01:20:53.880 --> 01:20:55.880] Leave. [01:20:55.880 --> 01:21:00.880] Then you prepare a set of criminal complaints against the district attorney, [01:21:00.880 --> 01:21:05.880] accusing him of shielding all of these persons from prosecution. [01:21:05.880 --> 01:21:12.880] You file a separate complaint for each complaint that you delivered to him. [01:21:12.880 --> 01:21:20.880] And you mail that to the district attorney's office, addressed to the grand jury. [01:21:20.880 --> 01:21:26.880] Contact the district clerk and request the names of all the current grand jurors. [01:21:26.880 --> 01:21:27.880] When I requested those, I got them. [01:21:27.880 --> 01:21:30.880] Do it in a written request. [01:21:30.880 --> 01:21:31.880] I'm sorry. [01:21:31.880 --> 01:21:35.880] I said call, but you can either go down there and hand them a written request [01:21:35.880 --> 01:21:38.880] or mail them a written request. [01:21:38.880 --> 01:21:40.880] And I got them without any problems. [01:21:40.880 --> 01:21:46.880] Then you send 12 packets to the district attorney's office, [01:21:46.880 --> 01:21:50.880] addressed to each member of the grand jury. [01:21:50.880 --> 01:21:55.880] Send them registered mail, not restricted, [01:21:55.880 --> 01:21:59.880] because each grand jury would have to sign for them, [01:21:59.880 --> 01:22:02.880] and they would have to happen to be there when the delivery showed up, [01:22:02.880 --> 01:22:04.880] and that's not likely to happen. [01:22:04.880 --> 01:22:07.880] So just send them registered. [01:22:07.880 --> 01:22:11.880] Let the district attorney's office sign for them. [01:22:11.880 --> 01:22:17.880] And in each document, in each folder, you have the criminal complaints [01:22:17.880 --> 01:22:22.880] and a statement of probable cause and support. [01:22:22.880 --> 01:22:31.880] In each document, put a letter asking the grand juror to initial the included [01:22:31.880 --> 01:22:36.880] document to show that they received it, put it in the enclosed envelope, [01:22:36.880 --> 01:22:40.880] and mail it back to you, because sometimes prosecutors tend to hide complaints [01:22:40.880 --> 01:22:48.880] from grand jurors, especially when they're complaints against public officials. [01:22:48.880 --> 01:22:53.880] In this case, they will be complaints against the district attorney. [01:22:53.880 --> 01:22:58.880] Reason for the letters, if you don't receive them, [01:22:58.880 --> 01:23:02.880] that's reasonable probable cause to believe the prosecutor did not give them [01:23:02.880 --> 01:23:05.880] to the grand jury. [01:23:05.880 --> 01:23:08.880] And the complaint against the district attorney will be that he violated [01:23:08.880 --> 01:23:14.880] Article 2.03 Code of Criminal Procedure, which gives him no discretion [01:23:14.880 --> 01:23:19.880] in the matter of a complaint against a public official. [01:23:19.880 --> 01:23:23.880] When you don't get the letters back within a week or so, [01:23:23.880 --> 01:23:28.880] then you send a set of complaints, the same set of complaints, [01:23:28.880 --> 01:23:33.880] to a district judge, the district judge that impaneled the current grand jury. [01:23:33.880 --> 01:23:37.880] You can call the district clerk and ask the district clerk who's the judge [01:23:37.880 --> 01:23:42.880] that has the grand jury this time, and they'll tell you that without any problem. [01:23:42.880 --> 01:23:48.880] You send the complaints to that judge. [01:23:48.880 --> 01:23:57.880] Address to the judge, I'm sorry, address to the grand jurors to the judge's office [01:23:57.880 --> 01:24:01.880] with the same letter in it. [01:24:01.880 --> 01:24:07.880] When you don't get that one, then we go to the feds. [01:24:07.880 --> 01:24:10.880] Okay, that's how we work the state. [01:24:10.880 --> 01:24:13.880] We'll go to the FBI and file a set of complaints with them, [01:24:13.880 --> 01:24:19.880] then we'll file a set of complaints with the Justice Department in Washington, D.C. [01:24:19.880 --> 01:24:25.880] And that should get them a nice hefty federal investigation. [01:24:25.880 --> 01:24:28.880] And then we start preparing civil litigation. [01:24:28.880 --> 01:24:34.880] We'll make up a tort letter and send it to the county commissioners [01:24:34.880 --> 01:24:41.880] and the mayor of Round Rock, notifying them that you've been harmed. [01:24:41.880 --> 01:24:42.880] Repair or be sued. [01:24:42.880 --> 01:24:44.880] They've got 60 days to respond. [01:24:44.880 --> 01:24:49.880] You can't sue until after that 60 days. [01:24:49.880 --> 01:24:52.880] But the tort letter will be a humdinger. [01:24:52.880 --> 01:24:55.880] It will list all the criminal accusations. [01:24:55.880 --> 01:25:03.880] It will list all of the resulting causes of action and ask for a whole lot of money. [01:25:03.880 --> 01:25:10.880] I can almost assure you by this time any criminal complaints against you are going to go bye-bye. [01:25:10.880 --> 01:25:17.880] But if they don't, then next time we'll talk about how to handle those. [01:25:17.880 --> 01:25:25.880] But we do have some callers that's been hanging on quite a while. [01:25:25.880 --> 01:25:28.880] Okay, Arnold, we'll discuss yours more. [01:25:28.880 --> 01:25:30.880] I need to talk to you off there, [01:25:30.880 --> 01:25:33.880] and I'll read it in the narrative of everything that's happened, [01:25:33.880 --> 01:25:35.880] and I'll send you some suggestions. [01:25:35.880 --> 01:25:36.880] Okay. [01:25:36.880 --> 01:25:38.880] You didn't get my email or I sent something to you? [01:25:38.880 --> 01:25:39.880] Yes, I did. [01:25:39.880 --> 01:25:40.880] Okay. [01:25:40.880 --> 01:25:43.880] I haven't had time to go through it yet, but I will. [01:25:43.880 --> 01:25:44.880] Okay. [01:25:44.880 --> 01:25:45.880] Okay, thank you. [01:25:45.880 --> 01:25:46.880] All right, thank you. [01:25:46.880 --> 01:25:48.880] Okay, we're going to go to Robert. [01:25:48.880 --> 01:25:49.880] Robert, are you there? [01:25:49.880 --> 01:25:51.880] What's going on, guys? [01:25:51.880 --> 01:25:52.880] Okay, what's on your mind tonight? [01:25:52.880 --> 01:25:55.880] Okay, son-in-law got a radar ticket. [01:25:55.880 --> 01:26:01.880] He had the radar gun to see what he showed on it, and the officer wouldn't let him see it. [01:26:01.880 --> 01:26:04.880] So he said, well, I'm not signing a ticket. [01:26:04.880 --> 01:26:06.880] He said, well, we'll take you to jail. [01:26:06.880 --> 01:26:08.880] So four cops showed up, four different squad cars. [01:26:08.880 --> 01:26:14.880] So they intimidated him, and he signed a ticket, but he didn't sign his name. [01:26:14.880 --> 01:26:17.880] He signed one of those computer cards or whatever it is without prejudice, [01:26:17.880 --> 01:26:20.880] and they jerked it away from him before he signed his name, [01:26:20.880 --> 01:26:22.880] so he don't have his name on it. [01:26:22.880 --> 01:26:27.880] And to the court today, it was one of these constable J.P. jobs courts. [01:26:27.880 --> 01:26:30.880] So I went there today to try to see the files. [01:26:30.880 --> 01:26:38.880] Well, they told me that only the attorney and the person getting the ticket can see the files. [01:26:38.880 --> 01:26:40.880] I said, well, the son-in-law is out of town. [01:26:40.880 --> 01:26:42.880] I thought maybe I could see them. [01:26:42.880 --> 01:26:45.880] And then I said, well, let me speak with the head clerk. [01:26:45.880 --> 01:26:49.880] And he said, well, we don't have any files. [01:26:49.880 --> 01:26:51.880] So I left it at that. [01:26:51.880 --> 01:26:53.880] Did you get the whoever you talked to's name? [01:26:53.880 --> 01:26:55.880] Oh, yeah. [01:26:55.880 --> 01:26:58.880] Good. [01:26:58.880 --> 01:27:01.880] One thing, they gave you legal advice, [01:27:01.880 --> 01:27:10.880] and they gave you legal advice for the purpose of denying you in 1.24 Code of Criminal Procedure, [01:27:10.880 --> 01:27:15.880] which says all courts shall be public. [01:27:15.880 --> 01:27:17.880] We're not even going to go to the Constitution. [01:27:17.880 --> 01:27:18.880] We don't have to. [01:27:18.880 --> 01:27:21.880] It's right there in the statute. [01:27:21.880 --> 01:27:24.880] Absolutely anybody who wants to look at that file looks at it. [01:27:24.880 --> 01:27:27.880] When I go down and ask to see the file, they either give me the file [01:27:27.880 --> 01:27:31.880] or I go get security and ask security to arrest them. [01:27:31.880 --> 01:27:33.880] And it'll take me about a half a second. [01:27:33.880 --> 01:27:36.880] When she says you can't see these, that's all I need. [01:27:36.880 --> 01:27:37.880] You wait right here. [01:27:37.880 --> 01:27:38.880] I'll be right back. [01:27:38.880 --> 01:27:39.880] I need to see security. [01:27:39.880 --> 01:27:40.880] Boom, I'm gone. [01:27:40.880 --> 01:27:47.880] I did that to Judge Evans' clerk, Herb Evans, the J.P. down in the courthouse. [01:27:47.880 --> 01:27:52.880] I asked her to see a criminal complaint, and she said, well, I think the clerk has that. [01:27:52.880 --> 01:27:56.880] I said, well, yeah, I know the clerk has it, but I want to see your copy. [01:27:56.880 --> 01:28:00.880] Well, you don't have to go to the clerk if you want to see that criminal complaint. [01:28:00.880 --> 01:28:01.880] I said, wait right here. [01:28:01.880 --> 01:28:02.880] I'll be right back. [01:28:02.880 --> 01:28:05.880] I need to go talk to security, and I left. [01:28:05.880 --> 01:28:10.880] She broke into tears and spit. [01:28:10.880 --> 01:28:18.880] I'm talking to security because the little metal detector's right there in front of Herb's door. [01:28:18.880 --> 01:28:23.880] And this other clerk came over and said, well, Mr. Kelton, we're getting your complaint. [01:28:23.880 --> 01:28:25.880] I said, oh, wonderful. [01:28:25.880 --> 01:28:29.880] And I said to security, I guess I won't need you guys after all. [01:28:29.880 --> 01:28:32.880] And they were just all upset at me. [01:28:32.880 --> 01:28:34.880] Did you get an information also? [01:28:34.880 --> 01:28:36.880] We went and talked to the judge. [01:28:36.880 --> 01:28:37.880] I see. [01:28:37.880 --> 01:28:38.880] And he won't know what's going on. [01:28:38.880 --> 01:28:42.880] He said, Mr. Kelton, you've been down here several times, and you've always been very pleasant. [01:28:42.880 --> 01:28:44.880] I said, yeah, I just asked to see the complaint. [01:28:44.880 --> 01:28:45.880] And she said, I couldn't see it. [01:28:45.880 --> 01:28:47.880] I'd have to go to the clerk. [01:28:47.880 --> 01:28:53.880] So I went to get security so he could take a complaint and document the incident. [01:28:53.880 --> 01:28:55.880] She got all upset. [01:28:55.880 --> 01:28:58.880] And the judge said, well, was Mr. Kelton rude to you? [01:28:58.880 --> 01:29:00.880] And she said, well, no. [01:29:00.880 --> 01:29:01.880] Did he raise his voice? [01:29:01.880 --> 01:29:03.880] Well, no. [01:29:03.880 --> 01:29:04.880] Did he ask for the complaint? [01:29:04.880 --> 01:29:06.880] Well, yes. [01:29:06.880 --> 01:29:08.880] Did you tell him he'd have to go to the clerk and get it? [01:29:08.880 --> 01:29:11.880] Well, yes. [01:29:11.880 --> 01:29:14.880] He said, we won't do that again. [01:29:14.880 --> 01:29:16.880] Oh, no, sir, no, sir. [01:29:16.880 --> 01:29:20.880] Well, couldn't it be that they don't have any records because it was just put into a computer [01:29:20.880 --> 01:29:21.880] and they hadn't got to it yet? [01:29:21.880 --> 01:29:23.880] This is only four days old. [01:29:23.880 --> 01:29:25.880] I mean, in other words, it happened on the 14th. [01:29:25.880 --> 01:29:30.880] The ticket said that you must appear on or before a certain date. [01:29:30.880 --> 01:29:31.880] 28th. [01:29:31.880 --> 01:29:34.880] So their problem, not your problem. [01:29:34.880 --> 01:29:35.880] All right, listen, we're going to break. [01:29:35.880 --> 01:29:36.880] Hold on, Robert. [01:29:36.880 --> 01:29:37.880] OK. [01:29:37.880 --> 01:29:38.880] We also have Lisa from Texas. [01:29:38.880 --> 01:29:59.880] Callers, if you'd like to call in 512-646-1984, we'll be right back. [01:29:59.880 --> 01:30:02.880] Are you the plaintiff or defendant in a lawsuit? [01:30:02.880 --> 01:30:05.880] This is also an excuse, what's the repeat? [01:30:05.880 --> 01:30:07.540] His alleged [01:30:06.880 --> 01:30:09.460] This is also an excuse, what's the repeat? [01:30:05.880 --> 01:30:08.500] His alleged [01:30:06.880 --> 01:30:10.720] This is also an excuse, what's the repeat? [01:30:05.880 --> 01:30:10.960] His alleged [01:30:08.880 --> 01:30:14.180] This is also an excuse, what's the repeat? [01:30:20.880 --> 01:30:25.880] Is the case had a client? [01:30:25.880 --> 01:30:32.040] can, too. Jurisdictionary was created by a licensed attorney with 22 years of case-winning [01:30:32.040 --> 01:30:38.000] experience. Even if you're not in a lawsuit, you can learn what everyone should understand [01:30:38.000 --> 01:30:43.480] about the principles and practices that control our American courts. You'll receive our audio [01:30:43.480 --> 01:30:50.480] classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much [01:30:50.480 --> 01:30:59.480] more. Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ. [01:30:59.480 --> 01:31:20.440] All right, we're back. Okay, go ahead, Randy. We're speaking with Robert in Texas right [01:31:20.440 --> 01:31:27.720] now. Okay. You're saying it's their problem, not his. Yeah, that's what I tell them. Your [01:31:27.720 --> 01:31:33.560] problem, not my problem. My problem is, is I came all the way down here to see the court [01:31:33.560 --> 01:31:38.800] record, and you're telling me I can't see the court record. That is a big problem. They [01:31:38.800 --> 01:31:45.120] say they don't have them ready yet. Your problem, not my problem. I make the complaint. You [01:31:45.120 --> 01:31:51.840] explain why you don't have them ready yet. Okay. I file criminal charges against public [01:31:51.840 --> 01:31:58.780] officials, and these are the kinds I like to file, not the ones where they smash me [01:31:58.780 --> 01:32:03.040] into a wall and knock my tooth out. I'm going to end people's careers over that kind of [01:32:03.040 --> 01:32:09.840] crap. I hate that kind of stuff. I had a deputy, a bailiff drag me down the stairs, shove me [01:32:09.840 --> 01:32:17.360] out the door, knocked me down, broke my elbow. I wouldn't file against him for that. I kind [01:32:17.360 --> 01:32:24.000] of got smart with him, and he lost his cool. I would have ended a 25-year career, and that [01:32:24.000 --> 01:32:31.040] was not my purpose. I'd like these tiny ones. Which complaint should I file, or what? Well, [01:32:31.040 --> 01:32:38.800] the first thing she told you that only a attorney or the person could see the file, 124 government [01:32:38.800 --> 01:32:48.320] code. That violates Article 1, Paragraph 10, Constitution, and 124 government code. [01:32:48.320 --> 01:32:55.760] She exerted an authority she does not expressly have and denied you in a right. That's official [01:32:55.760 --> 01:33:03.320] oppression 39.03 penal code. It's a Class A misdemeanor. It's extremely harsh for what [01:33:03.320 --> 01:33:11.560] she did. And there is absolutely no way on earth she would ever get indicted for something [01:33:11.560 --> 01:33:19.840] like that. That's why I do it. And I'll tell them real fast, I do not want you indicted. [01:33:19.840 --> 01:33:28.920] Then why are you filing the complaints? It's my duty. It's my job. If I have knowledge [01:33:28.920 --> 01:33:33.240] that a crime has been committed and I don't report that crime, I can go to jail for that. [01:33:33.240 --> 01:33:40.320] Hey, don't kill the messenger here. I don't have to want you in prison just because I'm [01:33:40.320 --> 01:33:46.240] doing my duty. That's the grand jury. Let them determine that. I'm sure they won't indict [01:33:46.240 --> 01:33:54.840] you. But you can bet you do that to that clerk and she won't ever tell anybody any crap like [01:33:54.840 --> 01:34:02.840] that again. This is how we fix the system. We're the sovereigns. And if your child runs [01:34:02.840 --> 01:34:08.600] out in the street, you don't care if a car is coming or not. You're going to get his [01:34:08.600 --> 01:34:16.840] attention and not because you want to do him any harm. It's your job. You have to make [01:34:16.840 --> 01:34:23.160] sure that he doesn't run out of the street when a car is coming. So you use an opportunity [01:34:23.160 --> 01:34:28.680] when one's not coming to teach the lesson. Yeah. What other charges would you charge [01:34:28.680 --> 01:34:37.320] him with? That's really the only one here. If she had the bailiffs throw you out, they [01:34:37.320 --> 01:34:42.920] would get real serious. Well, what about the motions and filing the motions here? If I [01:34:42.920 --> 01:34:48.400] wanted to file motions, I couldn't even file any because they don't have a case. Exactly. [01:34:48.400 --> 01:34:54.840] Now what the courts may do is say, well, it's not that we're hiding them from you. It just [01:34:54.840 --> 01:35:06.200] takes us a while to get things set up. And you're required to have at least 10 full days [01:35:06.200 --> 01:35:13.520] in which to file documents in your behalf. And frankly, I want to kick them where I can, [01:35:13.520 --> 01:35:20.720] but not where it's inappropriate. If you came down with motions to file in a case and they [01:35:20.720 --> 01:35:26.880] don't have a case, they can create a miscellaneous cause number and accept the motions. Okay. [01:35:26.880 --> 01:35:34.200] If this hearing is actually not a hearing, it's just to go pay the fine or make a plea. [01:35:34.200 --> 01:35:38.920] That's what they want is to plea and we're not going to plea. And it's on the 28th. And [01:35:38.920 --> 01:35:46.400] so are you saying that, can I file motions up to the 27th? Yes. Well, actually a motion [01:35:46.400 --> 01:35:53.320] is, this is not a motion hearing. No, it's not. It's a pretrial. I would like to know [01:35:53.320 --> 01:36:00.280] what the hearing really is. You might want to ask that when you get down there, ask the [01:36:00.280 --> 01:36:07.240] judge under what, you know, I was summoned to be here at this time. What is the purpose [01:36:07.240 --> 01:36:17.440] of this hearing? Write down 28.01 code of criminal procedure. That's the statute that [01:36:17.440 --> 01:36:25.160] authorizes a judge to summon someone to court. And it lists all of those things they can [01:36:25.160 --> 01:36:34.520] summon you to court for. And one of them is an arraignment. And I guarantee you that when [01:36:34.520 --> 01:36:39.720] you ask that judge under what authority you summoned me down here, and he's going to say [01:36:39.720 --> 01:36:45.800] under my authority as a judge, you say, well, you know, I was kind of hoping for something [01:36:45.800 --> 01:36:50.880] a little more specific, like 28.01 code of criminal procedure that lists all of the things [01:36:50.880 --> 01:36:56.240] you can summon me to court for. Which one is it? Yeah. Well, all the guys are, everybody [01:36:56.240 --> 01:36:59.400] they give tickets to, you know, they just go down there and pay it. They don't make [01:36:59.400 --> 01:37:04.240] a plea. And that's what it is. It's a pleading hearing. [01:37:04.240 --> 01:37:10.280] They can't, they can't, there's only one kind of pleading hearing. And that's an arraignment. [01:37:10.280 --> 01:37:18.360] I understand. So you're setting up the judge to tell you it's an arraignment. I see. Eddie, [01:37:18.360 --> 01:37:26.240] tell him what the problem is with that. Which problem? Arraignment. Who can summon you for [01:37:26.240 --> 01:37:37.120] an arraignment? Who can summon you? Yeah. The only one is the magistrate. No. Who then? [01:37:37.120 --> 01:37:45.760] County judge, district judge. The JP judge, would that be something? Nope. No, no, a JP [01:37:45.760 --> 01:37:51.360] is not a county judge. The county court is a court above a JP. Okay, I got you. Now he [01:37:51.360 --> 01:37:57.600] thinks he can, but according to the code of criminal procedure, he cannot. Okay. And when [01:37:57.600 --> 01:38:06.620] he tells you that he summoned you for a arraignment, an arraignment is a hearing for the purpose [01:38:06.620 --> 01:38:15.880] of determining the identity of the accused and setting bail. Okay. And it's in, I think [01:38:15.880 --> 01:38:23.760] it's chapter 26, code of criminal procedure that restricts an arraignment hearing to the [01:38:23.760 --> 01:38:31.320] county or district court. So when the magistrate or the municipal judge tells you, well, that's [01:38:31.320 --> 01:38:39.000] the only thing that's going to be in there that he could have summoned you for. And when [01:38:39.000 --> 01:38:45.640] he tells you that's the reason, then you say, Mr. Bailiff, did you hear that? And the bailiff [01:38:45.640 --> 01:38:51.360] will say, yes, I did. I need you to arrest that judge. I'll swear out the complaint. [01:38:51.360 --> 01:38:56.680] And they're all going to say, what? Well, you don't have authority to summon me for [01:38:56.680 --> 01:39:01.880] an arraignment hearing. Therefore you have exerted an authority you do not expressly [01:39:01.880 --> 01:39:05.640] have instead your honor. I'm going to ask you to stand down from the bench and get me [01:39:05.640 --> 01:39:11.920] a judge that hadn't committed crimes against me. That is so much fun. Let me read this [01:39:11.920 --> 01:39:16.320] here right quick to you on the back of the ticket here. It says, sign on the signature [01:39:16.320 --> 01:39:22.880] line below and mail the citation and the fine by the date indicated on the citation. Payment [01:39:22.880 --> 01:39:28.440] may be sent in the form of a check money or credit card. And then it says, I hereby voluntarily [01:39:28.440 --> 01:39:33.960] intelligently and knowingly waive my right to a jury trial when they send that in. But [01:39:33.960 --> 01:39:40.800] it's just basically asking for money and wanting you to come in. They're not giving you much [01:39:40.800 --> 01:39:47.640] of a chance here on this thing. Then of course it's got all the threats down at the bottom [01:39:47.640 --> 01:39:52.800] of it. You guys have probably seen these computer-generated tickets. Your signature is not on it. You [01:39:52.800 --> 01:39:58.360] don't get a copy of your signature. He don't have a signature anyway. He was writing without [01:39:58.360 --> 01:40:04.160] prejudice and then going to sign his signature and the cop jerked it out of his hand before [01:40:04.160 --> 01:40:08.320] he could sign his name to it. So all that's on it is without prejudice. [01:40:08.320 --> 01:40:14.880] What county are you in? This was in Mesquite. I went to the JP. I don't [01:40:14.880 --> 01:40:19.360] know what the judge was. So it was a county cop that wrote the ticket [01:40:19.360 --> 01:40:22.720] or a state? No, it was a constable. You know, over there. [01:40:22.720 --> 01:40:28.040] All right. Well, here's the biggest problem if it was a constable. And it's a biggie. [01:40:28.040 --> 01:40:30.800] All right. Problem for who? [01:40:30.800 --> 01:40:34.680] It's a problem for the constable. I have to mention the court because the court [01:40:34.680 --> 01:40:38.640] should be aware of this. All right. According to Administrative Code [01:40:38.640 --> 01:40:46.360] Rule 4.13 Subsection A, Sub Item 6, a constable or deputy constable designated under Texas [01:40:46.360 --> 01:40:53.440] Transportation Code, Section 621.4015, meeting the training and certification requirements [01:40:53.440 --> 01:40:59.480] contained in Subsection B of this section and certified by the department may stop, [01:40:59.480 --> 01:41:04.000] enter or detain on a highway within the county a motor vehicle subject to Texas Transportation [01:41:04.000 --> 01:41:08.460] Code, Chapter 644. Now, there are three major points here that [01:41:08.460 --> 01:41:14.080] I guarantee you this constable cannot fulfill. First thing is Transportation Code, Section [01:41:14.080 --> 01:41:20.220] 621.4015. That is the authority to designate a way station [01:41:20.220 --> 01:41:25.760] officer. The constable's only authority in regards to traffic enforcement is when he [01:41:25.760 --> 01:41:31.400] is wearing the little patch on his shoulder that says he is an officer manning a way station. [01:41:31.400 --> 01:41:35.880] That is all. The second problem is that the vehicle must [01:41:35.880 --> 01:41:42.160] be subject to Chapter 644 Texas Transportation Code, which is the commercial motor vehicle [01:41:42.160 --> 01:41:50.240] safety standards of Texas. All right. Now, the last problem here is the training [01:41:50.240 --> 01:41:58.040] and certification requirements of Subsection B. I can almost guarantee you 100% they have [01:41:58.040 --> 01:42:02.000] not been met by this constable. Okay. [01:42:02.000 --> 01:42:06.980] And unless all three of these have been met, he's acting without authority. He's acting [01:42:06.980 --> 01:42:11.080] without a jurisdiction and everything he did was a criminal trespass. [01:42:11.080 --> 01:42:18.120] You say he has to fulfill all three of those? Oh, yes. They are all mandatory, every last [01:42:18.120 --> 01:42:23.080] one of them. One other question. Was your son-in-law driving [01:42:23.080 --> 01:42:28.280] a truck hauling produce? No, no, just a little personal car. Just [01:42:28.280 --> 01:42:31.880] a little car. Okay. Private automobile, right? [01:42:31.880 --> 01:42:35.160] Yeah. Not a taxicab, a little car or anything? [01:42:35.160 --> 01:42:38.400] No, no, no. Okay. Then, yeah, they are, as we would like [01:42:38.400 --> 01:42:43.720] to say, royally hosed. Yeah. This is Dallas Sheriff's Office slash [01:42:43.720 --> 01:42:49.120] constable. This is Dallas County. And, you know, these constables out everywhere, I don't [01:42:49.120 --> 01:42:55.280] know if you're aware of that, all around 635 Plano Road and Jupiter Road, boy, they're [01:42:55.280 --> 01:42:59.400] stopping people right and left. Well, then the constables have a severe problem, [01:42:59.400 --> 01:43:03.780] especially when someone starts to challenge them on it, because without this criteria [01:43:03.780 --> 01:43:09.840] right here, every one of those constables issuing a traffic citation is doing so illegally. [01:43:09.840 --> 01:43:14.120] They are impersonating a public servant. Okay. That's good. [01:43:14.120 --> 01:43:20.760] We have a lot to do here. Okay. The best thing to do is go on the website [01:43:20.760 --> 01:43:27.320] and purchase the traffic seminar material. It gives you chapter and verse. [01:43:27.320 --> 01:43:33.160] Yeah. How long does it take to get that? You can download it immediately once you... [01:43:33.160 --> 01:43:38.840] Yeah. As soon as you purchase it, you'll be emailed a username and a password to download [01:43:38.840 --> 01:43:42.360] everything. Oh, okay. Is that your book too, Eddie? [01:43:42.360 --> 01:43:46.440] Yes, it is. It is Lucy's book. Okay. All right. Well, I'll let you go then. [01:43:46.440 --> 01:43:48.520] I appreciate it. Okay. Thanks, Robert. [01:43:48.520 --> 01:43:51.080] Thanks. Bye. Okay. We'll be right back. We're going to [01:43:51.080 --> 01:44:06.360] take Lisa on the other side. Callers, if you'd like to call in 512-646-1984. [01:44:06.360 --> 01:44:13.360] We'll be right back. We'll be right back. [01:44:36.360 --> 01:44:43.360] We'll be right back. [01:45:06.360 --> 01:45:13.360] We'll be right back. [01:45:36.360 --> 01:45:44.360] Thank you. [01:46:06.360 --> 01:46:13.360] Thank you. [01:46:36.360 --> 01:46:43.360] Okay. We are back. We're taking your calls. We've got Lisa from Texas on the line. Lisa, [01:46:54.360 --> 01:46:57.360] thanks for calling in. What is on your mind tonight? [01:46:57.360 --> 01:47:02.680] Hi. First thing I'd like to do, I'd like to ask a question about one of the things the [01:47:02.680 --> 01:47:08.760] other callers mentioned, which is a no trespassing sign on the car. Does that mean that they [01:47:08.760 --> 01:47:15.760] can't search your car legally? They can't search your car legally unless they [01:47:15.760 --> 01:47:22.760] have probable cause. A no trespassing sign on the car is really kind of unnecessary. [01:47:22.760 --> 01:47:29.760] There isn't anything else to ask. Well, if a policeman can look inside the [01:47:29.760 --> 01:47:36.760] vehicle and see something that gives him probable cause, he can search no matter what you've [01:47:36.760 --> 01:47:42.040] got on the car. If he can't look in the vehicle and see something that gives him probable [01:47:42.040 --> 01:47:45.760] cause, he can't search the car no matter what you've got on it. [01:47:45.760 --> 01:47:52.760] So the sign on the car makes no difference. On your property, that's a whole different [01:47:52.760 --> 01:47:56.760] animal. Right, but each time that I've resisted arrest, [01:47:56.760 --> 01:48:02.760] as they call it, whenever I tell them that, no, you can't search my car, you don't have [01:48:02.760 --> 01:48:08.760] a right, and you'll find as this goes on. I had a police officer that was harassing [01:48:08.760 --> 01:48:15.760] me. I had to stop and search 11 times over a five-year time period. One police officer [01:48:15.760 --> 01:48:20.760] was in my neighborhood for a year and a half. During that year and a half, I accumulated [01:48:20.760 --> 01:48:29.760] 16 tickets. I was trying to fight them all in court and snowballed them. I ended up with [01:48:29.760 --> 01:48:36.760] $25,000 worth of tickets that I ended up doing community service for and paying out about [01:48:36.760 --> 01:48:44.760] $5,000. The two tickets, none of the tickets were traffic violations. All of them had to [01:48:44.760 --> 01:48:52.760] do with six belts and insurance, registration, not coming to a complete stop, not using a [01:48:52.760 --> 01:48:57.760] police or crossing over the outside. Okay, hold on, hold on. [01:48:57.760 --> 01:49:03.760] All of this five years ago. Wait, none of them are legal. Do you have [01:49:03.760 --> 01:49:08.760] the seminar material? At that time, I didn't have the seminar material. [01:49:08.760 --> 01:49:10.760] I don't know if it's too late to do anything now. [01:49:10.760 --> 01:49:19.760] No, it's not too late. The seminar material goes to subject matter jurisdiction. Subject [01:49:19.760 --> 01:49:27.760] matter jurisdiction may be challenged no matter how remote in history. You hear these people [01:49:27.760 --> 01:49:32.760] in legal reform saying, oh, don't do this or you'll give them jurisdiction or don't [01:49:32.760 --> 01:49:37.760] do that, horse manure. Okay, let's say you get a ticket and I come [01:49:37.760 --> 01:49:42.760] to you and I say, tell you what, Lisa, how about you let me be the judge? You give me [01:49:42.760 --> 01:49:49.760] jurisdiction and I'll be the judge for you. Can you do that? [01:49:49.760 --> 01:49:53.760] I can't believe that. Of course not. You can't give me jurisdiction [01:49:53.760 --> 01:49:59.760] if I don't have jurisdiction. If a judge doesn't have jurisdiction, if a police officer doesn't [01:49:59.760 --> 01:50:05.760] have jurisdiction, you cannot give them jurisdiction, period, subject matter jurisdiction. [01:50:05.760 --> 01:50:11.760] You can waive in person jurisdiction. But if they don't have subject matter jurisdiction [01:50:11.760 --> 01:50:18.760] to start with, they can never get it. It never accrues. They don't have it. [01:50:18.760 --> 01:50:26.760] So this is what I suggest. Get the seminar material, read it twice. In the material, [01:50:26.760 --> 01:50:34.760] you will find a civil lawsuit. Take that civil suit and add to it each of your tickets. [01:50:34.760 --> 01:50:47.760] File a challenge to their jurisdiction. Go to whichever court it is and file a motion [01:50:47.760 --> 01:50:53.760] to dismiss for lack of subject matter jurisdiction. And they will deny, they will refuse to hear [01:50:53.760 --> 01:51:01.760] the motion. What that does is restarts the clock. Since you can challenge jurisdiction [01:51:01.760 --> 01:51:06.760] no matter how we move in history, you challenge jurisdiction. They refuse to hear it. [01:51:06.760 --> 01:51:11.760] They start the clock running again. You send them a tort letter. 60 days later, [01:51:11.760 --> 01:51:20.760] you sue them for everything they took from you in triplicate and take them to the cleaners. [01:51:20.760 --> 01:51:31.760] Okay. That will put an end to this nonsense. Is this officer still harassing you? [01:51:31.760 --> 01:51:37.760] No. I finally wrote enough letters to the police, the chief of police that he was taken off [01:51:37.760 --> 01:51:45.760] of that duty. What happened is after I got all that taken care of, I had two tickets [01:51:45.760 --> 01:51:53.760] for insurance that I had a company called Omni, which is Texas. They have another company [01:51:53.760 --> 01:52:01.760] that you have to pay an SR-22 for. For two years, for each ticket, I had to pay $35. [01:52:01.760 --> 01:52:08.760] During the second year, before I had one of the tickets paid off entirely, the law came [01:52:08.760 --> 01:52:15.760] that you're supposed to be paying for three years. But I was not aware of that law today. [01:52:15.760 --> 01:52:22.760] I may have been notified in the mail. Okay. All of this doesn't matter because none of [01:52:22.760 --> 01:52:31.760] it applies to you. You didn't know to raise that issue. Pardon me? You didn't know to [01:52:31.760 --> 01:52:38.760] raise the issue. You can't give them subject matter jurisdiction. They don't have it. None [01:52:38.760 --> 01:52:44.760] of this applies to you. You go back and challenge it for subject matter jurisdiction. Everything [01:52:44.760 --> 01:52:54.760] goes away. And then they have to pay you? Yeah. I need to get them to pay me back. [01:52:54.760 --> 01:52:59.760] That's what the civil suit is for. When you file a major civil action and what I suggest [01:52:59.760 --> 01:53:09.760] you do is file as a private attorney general. There's a lot of stuff out there in the legal [01:53:09.760 --> 01:53:16.760] reform community about private attorney general and most of it's trash. The only time you [01:53:16.760 --> 01:53:24.760] are a private attorney general is when you sue in your own behalf and for all others [01:53:24.760 --> 01:53:31.760] similarly situated. In that circumstance, you become a private attorney general. So [01:53:31.760 --> 01:53:47.760] you sue and you name as plaintiff yourself and et al. Et al means all others means other [01:53:47.760 --> 01:53:56.760] person and others. So you will be suing for yourself and others et al. There's probably [01:53:56.760 --> 01:54:02.760] a Latin term for similarly situated but you could just say all others similarly situated. [01:54:02.760 --> 01:54:11.760] And you sue in your own behalf and ask for monetary restitution. And that you'll have [01:54:11.760 --> 01:54:19.760] to claim no subject matter jurisdiction. For everyone else, you sue for injunctive relief. [01:54:19.760 --> 01:54:27.760] You see you can't, they have jurisdiction if you sue for monetary relief. There is no [01:54:27.760 --> 01:54:35.760] immunity from a suit for injunctive relief. So you're not, in the second part for everybody [01:54:35.760 --> 01:54:41.760] else, you're not suing for money for yourself. You're suing for an injunction, for an order [01:54:41.760 --> 01:54:49.760] from the court, ordering the municipality to do something. That happens to be to give [01:54:49.760 --> 01:54:58.760] money to somebody else. But you can do that. That part you can do and they have no immunity [01:54:58.760 --> 01:55:05.760] of any kind. But if you claim no subject matter jurisdiction, they have to prove that they [01:55:05.760 --> 01:55:13.760] did have subject matter jurisdiction or each is personally liable. This will jerk a big [01:55:13.760 --> 01:55:21.760] knot in their shorts. And Eddie's material has everything in it. There is no way they [01:55:21.760 --> 01:55:29.760] can get around it. It's well worth it. You will be, once you've read that, no cop's ever [01:55:29.760 --> 01:55:31.760] going to want to give you a ticket again. [01:55:31.760 --> 01:55:40.760] Now, will I send one of those to Omni as well? The issue that's at hand at this particular [01:55:40.760 --> 01:55:46.760] time is that because of that law change, for four years, I've been driving around, I've [01:55:46.760 --> 01:55:54.760] been stopped several times, I've been let go, no problems with tickets. But suddenly [01:55:54.760 --> 01:56:00.760] a whole different precinct could stop us and register that I'm driving without a license. [01:56:00.760 --> 01:56:06.760] Okay. When you file the suit, you file for a restraining order to restrain the state [01:56:06.760 --> 01:56:13.760] from taking any further action until the adjudication of the case. That will stop everything. [01:56:13.760 --> 01:56:17.760] A restraining order for the state? [01:56:17.760 --> 01:56:18.760] Yes. [01:56:18.760 --> 01:56:19.760] Okay. [01:56:19.760 --> 01:56:26.760] Piece of cake. And you'll file this with a district judge. You won't be doing it down [01:56:26.760 --> 01:56:32.760] there in their chump courts. And when the district judge looks at all the stuff Eddie's [01:56:32.760 --> 01:56:39.760] got in there, he's going to go to these courts and say, guys, you better make this go away. [01:56:39.760 --> 01:56:47.760] This lady's going to kick your behind if you don't. [01:56:47.760 --> 01:56:48.760] Okay. [01:56:48.760 --> 01:56:53.760] So that's the best way to handle it. A lawsuit against a public official really, really gets [01:56:53.760 --> 01:56:59.760] their attention, especially when you're naming them personally, individually, and not in [01:56:59.760 --> 01:57:03.760] their official capacity. [01:57:03.760 --> 01:57:05.760] Okay. [01:57:05.760 --> 01:57:07.760] Okay. We've got a bunch of callers. [01:57:07.760 --> 01:57:10.760] Well, hold on, Lisa, do you have anything else? Do you have any other questions? Did [01:57:10.760 --> 01:57:12.760] you get your question answered? [01:57:12.760 --> 01:57:16.760] The only thing that didn't get answered was when I was asking about the private property [01:57:16.760 --> 01:57:21.760] thing with the car, because every time that I've told the officers that I was going to [01:57:21.760 --> 01:57:26.760] sign their ticket or the time that I tried to sign the ticket saying that I was being [01:57:26.760 --> 01:57:28.760] forced to sign the ticket. [01:57:28.760 --> 01:57:31.760] Signing the ticket is meaningless. Always sign the ticket. [01:57:31.760 --> 01:57:35.760] Always sign the ticket because what you're doing is you're just promising the court that [01:57:35.760 --> 01:57:36.760] you're going to appear. That's all. [01:57:36.760 --> 01:57:41.760] If you don't sign the ticket, the policeman must take you to jail. [01:57:41.760 --> 01:57:42.760] Okay. [01:57:42.760 --> 01:57:43.760] He has no option. [01:57:43.760 --> 01:57:45.760] Yeah, because you'll be held in contempt of court. [01:57:45.760 --> 01:57:47.760] He must take you to a magistrate, but they take you to jail. [01:57:47.760 --> 01:57:48.760] Right, right. [01:57:48.760 --> 01:57:49.760] He must arrest you. [01:57:49.760 --> 01:57:52.760] Yeah, but that's, yeah, you'll be in contempt of court if you don't sign the ticket. [01:57:52.760 --> 01:57:58.760] Yeah, this is a special exemption. If you sign the ticket, he doesn't have to arrest [01:57:58.760 --> 01:58:05.760] you on the spot. Normally, if he observes a crime, he's required by law to arrest you, [01:58:05.760 --> 01:58:09.760] but for traffic citations, they made a special exemption. [01:58:09.760 --> 01:58:14.760] If you'll sign and promise to show up in court, he doesn't have to arrest you. [01:58:14.760 --> 01:58:18.760] So you're not given jurisdiction. None of that crap they're handing out. [01:58:18.760 --> 01:58:21.760] You're just keeping from having to go to jail at the moment. [01:58:21.760 --> 01:58:25.760] When they search the car, when they tow it in is what I was trying to get to. [01:58:25.760 --> 01:58:27.760] I'm having trouble understanding. [01:58:27.760 --> 01:58:30.760] You mean if you did not sign the ticket, would they search the car? [01:58:30.760 --> 01:58:36.760] No. Basically, any time that you're out there and they decide to take you to jail, [01:58:36.760 --> 01:58:41.760] they take the car into a place that they hold the car. [01:58:41.760 --> 01:58:43.760] Yeah, wait, wait. Okay, we're about to go to break. [01:58:43.760 --> 01:58:47.760] Yeah, hang on the line. Hang on the line. Yeah, hang on the line, Lisa. [01:58:47.760 --> 01:58:50.760] Well, we'll get back to you on the other side of the break. We'll be right back. [01:58:50.760 --> 01:58:51.760] This is a rule of law. [01:58:51.760 --> 01:58:54.760] Randy Kelton, Eddie Craig, Deborah Stevens, we've got other callers on the line. [01:58:54.760 --> 01:58:57.760] We're going to finish up with Lisa on the other side. [01:58:57.760 --> 01:59:02.760] This is Deborah Stevens from Rule of Law Radio. [01:59:02.760 --> 01:59:06.760] Many of you have been helped by the news and information you've received from 90.1 [01:59:06.760 --> 01:59:10.760] here in Austin over the years, and now 90.1 needs your help. [01:59:10.760 --> 01:59:15.760] The operators of 90.1 are facing a long and expensive legal battle against the FCC [01:59:15.760 --> 01:59:20.760] to try to stay on the air, as well as potentially being fined up to $20,000. [01:59:20.760 --> 01:59:24.760] Rule of Law Radio is not associated with 90.1. [01:59:24.760 --> 01:59:27.760] However, we have offered to help with legal matters as best we can [01:59:27.760 --> 01:59:29.760] and to pass on your donations. [01:59:29.760 --> 01:59:33.760] Please give as generously as you can by mailing your checks to Deborah Stevens, [01:59:33.760 --> 01:59:38.760] care of 90.1 Legal Fund, 1516 South Lamar, [01:59:38.760 --> 01:59:42.760] number 112 Austin, Texas, 78704, [01:59:42.760 --> 01:59:47.760] or giving through PayPal or credit card at ruleoflawradio.com. [01:59:47.760 --> 01:59:50.760] If you have ideas or other resources you'd like to contribute, [01:59:50.760 --> 01:59:56.760] please call 512-796-4197 and leave a message. [01:59:56.760 --> 02:00:25.760] Thank you, Austin.