[00:00.000 --> 00:07.000] Oxfam warned Tuesday millions of Pakistanis still need immediate assistance following [00:09.600 --> 00:15.360] last summer's devastating floods. Floods destroyed nearly 2 million homes and millions of acres [00:15.360 --> 00:21.480] of cropland. Oxfam called the funding response woefully slow. At the height of the disaster, [00:21.480 --> 00:27.360] the CIA continued clandestine drone strikes in Pakistan, even commandeering a Pakistani [00:27.360 --> 00:32.720] military base that otherwise would have been used for relief efforts. [00:32.720 --> 00:39.600] Chickens at a poultry farm in Japan have tested positive for the highly pathogenic H5N1 bird [00:39.600 --> 00:45.040] flu. A Japanese government official said 8 out of 10 birds had tested positive for the [00:45.040 --> 00:52.040] virus. House Homeland Security Committee Chairman Peter King is preparing to hold hearings [00:52.040 --> 00:57.640] on the radicalization of U.S. Muslims. King claimed Tuesday on a conservative radio show [00:57.640 --> 01:04.080] 4 out of 5 U.S. mosques were controlled by radical Imams. Critics have likened the upcoming [01:04.080 --> 01:11.080] hearings to Senator Joe McCarthy's communist witch hunt in the 1950s. [01:11.080 --> 01:16.320] Legislators across the U.S. are considering passing bills to fight illegal immigration, [01:16.320 --> 01:21.440] citing its cost to taxpayers. But a recent report suggests expensive legal battles will [01:21.440 --> 01:27.400] ensue. A Center for American Progress report documents the economic and social costs to [01:27.400 --> 01:32.920] cities where courts found immigration bills unconstitutional. Hazleton, Pennsylvania spent [01:32.920 --> 01:39.240] more than $2.8 million defending an ordinance that required businesses to investigate the [01:39.240 --> 01:45.000] immigration status of its workers and tenants. And Riverside, New Jersey, the economic downturn [01:45.000 --> 01:50.520] caused the city to rescind an ordinance and welcome back immigrants. And Arizona has been [01:50.520 --> 01:56.680] boycotted since it passed a law making it illegal to be undocumented. The CAP report [01:56.680 --> 02:03.400] found the boycott of Arizona's tourism and convention industry could cost $253 million [02:03.400 --> 02:10.400] in lost output and more than $86 million in lost wages over the next two or three years. [02:12.080 --> 02:17.000] Turkey has released a damning report on the lethal storming by Israeli commandos of the [02:17.000 --> 02:23.400] Mavi Marmara last May. It follows an Israeli report Sunday vindicating the Israeli military. [02:23.400 --> 02:28.120] Eight Turks and a U.S. citizen of Turkish descent were killed during the raid on the [02:28.120 --> 02:34.040] humanitarian A-flotilla in international waters. The Turkish report found Israeli units shot [02:34.040 --> 02:39.200] dead two people from their helicopters before fast-roping onto the deck where they battled [02:39.200 --> 02:45.120] passengers armed with sticks, clubs and knives, mostly drawn from the ship's kitchens. Turkey's [02:45.120 --> 02:50.200] report was submitted to a UN investigation last September but is now being made public [02:50.200 --> 02:55.000] after Israel published its own report which cleared the Israeli military and government [02:55.000 --> 03:15.520] of any wrongdoing. [03:25.000 --> 03:53.000] Bad boys, bad boys, bad boys, whatcha gonna do? Bad boys, bad boys, whatcha gonna do? [03:53.000 --> 04:00.000] Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you? When you [04:00.000 --> 04:05.000] were eight and you had bad traits You'd go to school and learn the golden rule So why [04:05.000 --> 04:11.000] are you acting like a bloody fool? If you get hot then you must get cool Bad boys, bad [04:11.000 --> 04:17.000] boys, whatcha gonna do? Whatcha gonna do when they come for you? Bad boys, bad boys, [04:17.000 --> 04:22.000] whatcha gonna do? Whatcha gonna do when they come for you? You took it on that one You [04:22.000 --> 04:26.000] took it on that one You took it on your mother And you took it on your father You took it [04:26.000 --> 04:31.000] on your brother And you took it on your sister You took it on that one And you took it on [04:31.000 --> 04:32.000] me [04:32.000 --> 04:37.000] Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you? Bad boys, [04:37.000 --> 04:40.000] bad boys, whatcha gonna do? Whatcha gonna do when they come for you? Bad boys, bad boys, [04:40.000 --> 04:42.340] What you gonna do when they come for you? [04:42.340 --> 04:43.940] Bad boys, bad boys [04:43.940 --> 04:45.240] What you gonna do [04:45.240 --> 04:47.840] What you gonna do when they come for you? [04:47.840 --> 04:49.380] Bad boys, bad boys [04:49.380 --> 04:50.660] What you gonna do [04:50.660 --> 04:51.920] What you gonna do [04:51.920 --> 04:53.320] When they come for you [04:53.320 --> 04:56.200] Nobody not giving no break [04:56.200 --> 04:58.280] Police not giving no break [04:58.280 --> 05:00.920] That old soldier man not giving no break [05:00.920 --> 05:02.120] That cute man in your eye [05:02.120 --> 05:04.300] Not giving no break [05:04.300 --> 05:05.840] Bad boys, bad boys [05:05.840 --> 05:07.160] What you gonna do [05:07.160 --> 05:08.380] What you gonna do [05:08.380 --> 05:09.800] When they come for you? [05:09.800 --> 05:15.300] Bad boys, bad boys, what you gonna do? What you gonna do when they come for you? [05:15.300 --> 05:20.800] Bad boys, bad boys, what you gonna do? What you gonna do when they come for you? [05:20.800 --> 05:27.300] Bad boys, bad boys, what you gonna do? What you gonna do when they come for you? [05:27.300 --> 05:32.300] Alright, folks. This is Rule of Law Radio. This is our Thursday night show. [05:32.300 --> 05:38.300] It is January 27th. This is Eddie Craig, Deborah Stevens, Randy Kelton. [05:38.300 --> 05:47.800] Tonight, we're gonna talk a little bit more about the issue regarding the clerk of the court being the accuser in the criminal complaints in these cases. [05:47.800 --> 05:57.300] I've briefed the subject with Randy over the past week, talking to him about how this scenario plays out. [05:57.300 --> 06:01.800] And let me give everybody that hasn't been to the seminar a quick rundown. [06:01.800 --> 06:09.300] This actually came to me while we were doing our mock trial there at Brave New Books. [06:09.300 --> 06:18.300] And during the cross-examination of the clerk of the court, some questions were asked that brought about a furtherance in ideas. [06:18.300 --> 06:28.800] We have the issue that in most of the large cities especially, the clerk of the court is the one that signs the criminal complaint against you. [06:28.800 --> 06:36.300] The clerk of the court then files that complaint after it's been verified by another clerk of the court. [06:36.300 --> 06:45.800] And through this entire process, the information that goes into the complaint comes to the clerk by one of three possible means. [06:45.800 --> 06:54.300] It's either dictated to the clerk by the police officer directly, it's taken directly from the citation, [06:54.300 --> 07:01.800] or it's taken directly from the police report, or possibly a combination of the citation and the police report. [07:01.800 --> 07:07.300] Now the question that led up to this was the fact that one of the cases I'm helping out on, [07:07.300 --> 07:17.800] the information both in the citation and the police report have grave inconsistencies between them. [07:17.800 --> 07:27.300] They misidentify the gender of the accused, they misidentify the age of the accused, they misidentify the location of the accident, [07:27.300 --> 07:35.800] they misidentify the placement on the automobiles where the point of contact was between them. [07:35.800 --> 07:39.800] I mean basically they are just wrong. [07:39.800 --> 07:45.800] And this same information has carried over into the criminal complaint itself. [07:45.800 --> 07:53.800] The complaint misidentifies the gender of the accused and so on and so forth. [07:53.800 --> 08:03.800] So one, the clerk is relying on faulty hearsay information to make the criminal complaints to begin with. [08:03.800 --> 08:14.300] The second problem is, is that the clerk is not allowed to do this in an official capacity. [08:14.300 --> 08:23.800] The clerk may not sign a criminal complaint as the affiant in their official capacity as a clerk of the court. [08:23.800 --> 08:27.800] This is where the problem kicks in. [08:27.800 --> 08:38.800] The clerk of the court by mandate is told to create these criminal complaints from these sources as a part of their official duties. [08:38.800 --> 08:44.800] And they get paid for this process through the course of the time they are spending. [08:44.800 --> 08:49.800] They get a paycheck at the end of the week that says they worked X number of hours this week. [08:49.800 --> 08:57.800] And if that clerk spent eight hours of every day filling out criminal complaints, [08:57.800 --> 09:09.800] then at what point did the clerk go off the clock in order to go into their personal capacity to sign the complaint? [09:09.800 --> 09:18.800] And at what point did they go off the clock in order to actually create the complaint in their personal capacity? [09:18.800 --> 09:21.800] I say that's an impossibility. [09:21.800 --> 09:32.800] One, they've been directed either as a matter of their job training or by their boss or a peer that this is what you're going to be doing. [09:32.800 --> 09:36.800] They then sit down and draw a paycheck for doing it. [09:36.800 --> 09:43.800] And they're doing it in an official capacity while they're on the clock. [09:43.800 --> 09:56.800] So how is it possible that a clerk of the court manages to spend an entire day generating criminal complaints in a personal capacity while on the public payroll? [09:56.800 --> 10:06.800] In any other job I can think of, that would be embezzlement or at the very least, misuse of public funds. [10:06.800 --> 10:20.800] Now, I brought this scenario to Randy, who after a few debates and jump starts on what I was actually trying to get at, has determined that it might be worth pursuing. [10:20.800 --> 10:29.800] So at this point, I would like to bring Randy in and have him discuss what his point of view or thoughts have developed into since we've discussed this. [10:29.800 --> 10:50.800] Well, it seems as though the courts have used the clerks, this particular procedure with the clerks, as a way to facilitate administrative convenience and adjudicative expediency. [10:50.800 --> 11:00.800] So I'll be back in Austin soon and I have some traffic citations that I want to bring before the court. [11:00.800 --> 11:09.800] And I'm going to subpoena, well actually when I go to court, I will demand to be faced by my accuser. [11:09.800 --> 11:22.800] And I expect that they're going to tell me that the police officer is there and I'm going to object to that, that the police officer is not my accuser. [11:22.800 --> 11:25.800] I want my accuser on the stand. [11:25.800 --> 11:39.800] I'm going to want to examine my accuser and if I find that my accuser has falsely accused me, I'm going to expect the judge to act in accordance with his duty as a magistrate and arrest, [11:39.800 --> 11:52.800] cause the arrest of my accuser and hold an examining trial to examine into the false accusation and malicious prosecution perpetrated by my accuser. [11:52.800 --> 11:58.800] And I expect that the clerk is going to get real excited. [11:58.800 --> 12:09.800] Well now, as far as that goes, Randy, how do you intend to go after the clerk in that capacity when they have immunity if they sign the complaint in their personal capacity? [12:09.800 --> 12:15.800] But here we're talking about them signing it in an official capacity as a member of the court itself. [12:15.800 --> 12:25.800] Well, they have immunity from civil litigation and I'm not terribly interested in civil litigation. [12:25.800 --> 12:38.800] I want to put the clerk in front of a grand jury and have the clerk explain to a grand jury how she has reason to believe and does believe that I committed this crime. [12:38.800 --> 12:42.800] Does she really believe that I committed this crime? [12:42.800 --> 13:04.800] Does she really believe that every time a police officer makes an accusation, that that accusation is true and accurate, that the police officer in every case acts with absolute integrity? [13:04.800 --> 13:20.800] Has she ever had an occasion to have reason to believe that the police officer's citation was not valid and proper? [13:20.800 --> 13:30.800] If so, what makes her think this one happens to be valid and proper? [13:30.800 --> 13:42.800] If I can get her to indicate any doubt, now I've got her for aggravated perjury and malicious prosecution. [13:42.800 --> 13:56.800] If I can get her to say that she made no consideration of the facts in the case, say I want to put the clerk on the stand and ask her about the facts in the case. [13:56.800 --> 14:02.800] And I can assure you that she has no clue about the facts in the case. [14:02.800 --> 14:13.800] Now when she swore to that complaint, she swore that she had reason to believe and does believe. [14:13.800 --> 14:25.800] So I want to put her on the stand and ask her, what is the reason you have to believe that I committed a crime? [14:25.800 --> 14:33.800] Oh, there was a citation filed against you. [14:33.800 --> 14:42.800] Okay, well an accusation may not be construed as sufficient to give cause to believe that a crime has been committed. [14:42.800 --> 14:44.800] That has to be more than that. [14:44.800 --> 14:54.800] What did the officer tell you that gave you reason to believe a crime had been committed? [14:54.800 --> 15:04.800] And now she's going to want to go look at some police report by the officer and I'm going to object. [15:04.800 --> 15:11.800] Then I'm going to ask the clerk, did you read the citation? [15:11.800 --> 15:20.800] Did you read the information on the citation before you swore out the complaint? [15:20.800 --> 15:26.800] And she's likely to say no, that she does it as a matter of course. [15:26.800 --> 15:29.800] It's her job to prepare these complaints. [15:29.800 --> 15:37.800] So you didn't read the facts of the case and come to a conclusion of your own. [15:37.800 --> 15:44.800] You just swore out the complaint as a matter of course and policy. [15:44.800 --> 15:53.800] So tell me, did you truly believe that I committed this crime? [15:53.800 --> 16:01.800] And if you did, on what reason did you believe that I committed this crime? [16:01.800 --> 16:05.800] And she's not going to know because she didn't read the citation. [16:05.800 --> 16:08.800] She just signed it as a matter of course. [16:08.800 --> 16:11.800] I think that's where we'll get her. [16:11.800 --> 16:20.800] Well, let's also not forget the probability here that you subpoena this clerk as a witness. [16:20.800 --> 16:22.800] No, I do not. [16:22.800 --> 16:26.800] Well, no, let me, I know you don't, but let me go into this. [16:26.800 --> 16:27.800] No, no, no, listen. [16:27.800 --> 16:29.800] Listen, this goes to Constitution. [16:29.800 --> 16:31.800] I understand that, as does what I'm talking about. [16:31.800 --> 16:33.800] No, I don't subpoena her. [16:33.800 --> 16:39.800] I demand to be faced by my attorney. [16:39.800 --> 16:41.800] Yeah? [16:41.800 --> 16:43.800] That's not a subpoena. [16:43.800 --> 16:44.800] All right. [16:44.800 --> 16:45.800] That's constitutional. [16:45.800 --> 16:46.800] Well, hang on just a second. [16:46.800 --> 16:47.800] All right, folks, we're going to break. [16:47.800 --> 16:48.800] This is Rule of Law Radio. [16:48.800 --> 16:50.800] Eddie Craig, Randy Kelton, Deborah Stevens. [16:50.800 --> 17:01.800] We will be right back after the break. [17:01.800 --> 17:05.800] Capital Coin and Bullion is your local source for rare coins, precious metals, [17:05.800 --> 17:08.800] and coin supplies in the Austin metro area. [17:08.800 --> 17:10.800] We also ship worldwide. [17:10.800 --> 17:14.800] We are a family-owned and operated business that offers competitive prices [17:14.800 --> 17:16.800] on your coin and metals purchases. [17:16.800 --> 17:21.800] We buy, sell, trade, and consign rare coins, gold and silver coin collections, [17:21.800 --> 17:23.800] precious metals, and scrap gold. [17:23.800 --> 17:27.800] We will purchase and sell gold and jewelry items as well. [17:27.800 --> 17:29.800] We offer daily specials on coins and bullion. 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[18:49.800 --> 18:56.800] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com [18:56.800 --> 18:59.800] to learn how to stop debt collectors now. [18:59.800 --> 19:23.800] MUSIC [19:23.800 --> 19:24.800] All right, folks, we are back. [19:24.800 --> 19:26.800] This is Rule of Law Radio. [19:26.800 --> 19:31.800] Now, the point that I was trying to make about the subpoena before we went to break was this, [19:31.800 --> 19:34.800] that Randy's method works great, [19:34.800 --> 19:37.800] but the same approach can be taken by the use of a subpoena [19:37.800 --> 19:42.800] where you demand that the clerk be subpoenaed to appear in court as your accuser. [19:42.800 --> 19:48.800] Now, what I have heard the judges do is say that person has no information [19:48.800 --> 19:54.800] that is relevant to the facts on the day of the accusation. [19:54.800 --> 19:57.800] Mike Handel's case was a perfect example of that. [19:57.800 --> 20:01.800] Well, you can't have that person because they were not there, [20:01.800 --> 20:05.800] so they have no information relating to the events of that day. [20:05.800 --> 20:07.800] Yeah, but they're the accuser. [20:07.800 --> 20:09.800] Well, the subpoena is denied. [20:09.800 --> 20:10.800] Great. [20:10.800 --> 20:16.800] Now you have used the official power of the court to quash my right to face my accuser, [20:16.800 --> 20:20.800] and they documented it for you. [20:20.800 --> 20:25.800] Point very well made and taken. [20:25.800 --> 20:32.800] That is precisely the point of this whole issue, [20:32.800 --> 20:37.800] that the clerk is the accuser. [20:37.800 --> 20:42.800] What I objected, so you folks know that, Eddie and I, [20:42.800 --> 20:46.800] when we have these debates on the air, they're real debates. [20:46.800 --> 20:49.800] We haven't hashed all this out beforehand. [20:49.800 --> 20:54.800] So if you notice sometimes we get kind of heated with each other, [20:54.800 --> 20:57.800] it's okay because we have a high respect for each other. [20:57.800 --> 20:59.800] We can do that. [20:59.800 --> 21:00.800] This is true. [21:00.800 --> 21:02.800] But he's right. [21:02.800 --> 21:11.800] If we can get the judge to deny us the right to be faced by our accuser [21:11.800 --> 21:16.800] by quashing the subpoena for the accuser, [21:16.800 --> 21:22.800] claiming that the accuser has no knowledge of the criminal act, [21:22.800 --> 21:25.800] well, duh. [21:25.800 --> 21:32.800] The whole point of due process is that a criminal complaint against a person [21:32.800 --> 21:35.800] must be a valid accusation. [21:35.800 --> 21:40.800] That's why there is a very specific requirement [21:40.800 --> 21:45.800] that anyone accused of a crime be taken before a magistrate. [21:45.800 --> 21:50.800] And the magistrate examined into the sufficiency of the accusations [21:50.800 --> 21:56.800] so that frivolous or unfounded accusations are never brought. [21:56.800 --> 22:00.800] It wasn't intended that we have to go to court [22:00.800 --> 22:05.800] and defend ourselves against a frivolous accusation. [22:05.800 --> 22:09.800] That's why the magistrate was there, but the magistrate didn't do his job. [22:09.800 --> 22:14.800] And now we ask to bring the accuser before us, [22:14.800 --> 22:19.800] the constitutional right, and the judge will deny that. [22:19.800 --> 22:21.800] This is excellent. [22:21.800 --> 22:26.800] On top of that, if we do manage to get the clerk on the stand [22:26.800 --> 22:31.800] and we start questioning them as to how they came to create the complaint, [22:31.800 --> 22:35.800] were they directed to do it as a part of their job? [22:35.800 --> 22:39.800] Were they on the clock while this was going on? [22:39.800 --> 22:41.800] How many hours do you work every day? [22:41.800 --> 22:44.800] How many hours did you get paid for? [22:44.800 --> 22:47.800] How many of these complaints do you do in a day? [22:47.800 --> 22:49.800] Wait a minute, back up. [22:49.800 --> 22:58.800] Were they directed to do this as a part of their job description? [22:58.800 --> 22:59.800] Correct. [22:59.800 --> 23:04.800] That leaves us now, and especially if we get the judge to question subpoena, [23:04.800 --> 23:09.800] now we've got criminal conspiracy for denial of rights. [23:09.800 --> 23:14.800] Two or more people conspiring to deny me in a right. [23:14.800 --> 23:20.800] And that goes to federal constitution. [23:20.800 --> 23:25.800] Conspiracy to deny you in the right to be faced by your accuser. [23:25.800 --> 23:34.800] I was just recently thrown out of the Tom DeLay case in the trial. [23:34.800 --> 23:39.800] They selected a jury and went to lunch, came back, [23:39.800 --> 23:43.800] and the judge started talking to the jury, and I stood up in the courtroom [23:43.800 --> 23:47.800] and I said, Your Honor, I have business with the court. [23:47.800 --> 23:50.800] Who proceeds any business now before the court? [23:50.800 --> 23:52.800] You're the one with the red habeas corpus. [23:52.800 --> 23:55.800] Yes, Your Honor, I am. [23:55.800 --> 24:01.800] And he proceeded to throw me out of the court. [24:01.800 --> 24:05.800] Why did I go there, Eddie? [24:05.800 --> 24:11.800] Well, I try not to see into your future, Randy. [24:11.800 --> 24:16.800] I think I'm staying on this too long, but I had an absolutely on-point reason [24:16.800 --> 24:20.800] for going there, and in the process of telling my story, I lost it. [24:20.800 --> 24:21.800] That happens. [24:21.800 --> 24:24.800] I hate it when that happens. [24:24.800 --> 24:28.800] Oh, it's about faced by his accuser. [24:28.800 --> 24:33.800] Tom DeLay was never accused of a crime. [24:33.800 --> 24:37.800] He's just got three years in prison. [24:37.800 --> 24:41.800] Now, you know, I don't know if Tom DeLay is a good guy or a bad guy. [24:41.800 --> 24:47.800] I don't have any opinion on that, but what I do know is he has no accuser. [24:47.800 --> 24:51.800] He was never allowed to be faced by his accuser, [24:51.800 --> 24:54.800] and it couldn't be because he didn't have one. [24:54.800 --> 25:05.800] And here we have a court clerk who, by order of her superiors, [25:05.800 --> 25:11.800] becomes an accuser over an accusation [25:11.800 --> 25:17.800] over which she has absolutely no knowledge whatsoever, [25:17.800 --> 25:25.800] other than supposedly a document put in front of her by the police officer. [25:25.800 --> 25:36.800] But this appears as though they're using the clerk to perform the examining trial. [25:36.800 --> 25:43.800] The police officer writes a citation, brings it to the clerk, [25:43.800 --> 25:50.800] and the clerk reads the citation and makes a determination [25:50.800 --> 25:59.800] that she has reason to believe and does believe based on the following. [25:59.800 --> 26:03.800] And that's what a complaint reads. [26:03.800 --> 26:08.800] I, Randall Kelton, have reason to believe and do believe based on the following. [26:08.800 --> 26:10.800] Blah, blah, blah. [26:10.800 --> 26:15.800] That so-and-so committed this criminal act against peace and dignity in the state of Texas. [26:15.800 --> 26:18.800] That's how a criminal complaint is structured. [26:18.800 --> 26:25.800] So the clerk, in a verified affidavit, [26:25.800 --> 26:31.800] because a complaint is not a complaint unless it's verified. [26:31.800 --> 26:38.800] And for those of you who don't know what verified means, in law, notary is verification. [26:38.800 --> 26:41.800] Affirmation is signing your signature. [26:41.800 --> 26:50.800] So a complaint is not a complaint unless it's affirmed before a notary and verified by the notary. [26:50.800 --> 26:52.800] Well, not necessarily a notary, but someone that... [26:52.800 --> 26:53.800] So let me finish. [26:53.800 --> 26:54.800] Okay. [26:54.800 --> 27:05.800] In this case, the courts consider that when the clerk signs the document, she does so under oath. [27:05.800 --> 27:12.800] And a dispense with the necessity of a notary having to come and verify her signature. [27:12.800 --> 27:15.800] So in the end, it's the same thing. [27:15.800 --> 27:22.800] Whether it has a notary stamp on it or not, it's considered to be notarized. [27:22.800 --> 27:31.800] And that's really important because she signed it under oath [27:31.800 --> 27:36.800] that she actually did have reason to believe and does believe. [27:36.800 --> 27:52.800] So my question is, do you really believe that the clerk read every single one of these statements of probable cause? [27:52.800 --> 27:53.800] Well, absolutely not. [27:53.800 --> 28:05.800] I'm going to bet you that if you put that clerk on the stand under oath, she's going to tell you she didn't read them. [28:05.800 --> 28:08.800] Gotcha. [28:08.800 --> 28:14.800] Well, in actuality, the statute that allows someone to verify these criminal complaints [28:14.800 --> 28:24.800] says very clearly that it is someone that is authorized by law to administer the oath or an oath. [28:24.800 --> 28:25.800] Okay. [28:25.800 --> 28:33.800] So in this case, the verifying clerk is authorized by law to administer an oath to the affidant. [28:33.800 --> 28:39.800] The question also is, did they or did they just simply sign it? [28:39.800 --> 28:48.800] Wait, wait, wait, wait, wait. Question. Have you looked at these complaints filed by the clerks? [28:48.800 --> 28:55.800] And did they actually have a verification on them? [28:55.800 --> 28:56.800] Yes, they do. [28:56.800 --> 29:02.800] Okay. Then we want the person who did the verification. [29:02.800 --> 29:04.800] Correct. We want them both. [29:04.800 --> 29:14.800] Oh, when we bring the person who did the verification and swear them in under oath, [29:14.800 --> 29:23.800] they are going to be terrified, especially if the person who's coming before the court [29:23.800 --> 29:32.800] and doing this has already filed a couple of bar grievances and judicial conduct complaints. [29:32.800 --> 29:36.800] Because when you do that, it's going to go all over the courthouse. [29:36.800 --> 29:39.800] And the clerk is going to know you've done it. [29:39.800 --> 29:43.800] And they're going to say, this guy's done it for everybody. [29:43.800 --> 29:44.800] Yep. [29:44.800 --> 29:49.800] The clerks, they're on the bottom of the heap. They're going to be terrified. [29:49.800 --> 29:51.800] Okay. Take us out, Eddie. [29:51.800 --> 29:59.800] All right, folks. This is Rule of Law Radio. We will be right back after the break. [29:59.800 --> 30:00.800] I lost my son. [30:00.800 --> 30:01.800] My nephew. [30:01.800 --> 30:02.800] My son. [30:02.800 --> 30:04.800] On September 11th, 2001. [30:04.800 --> 30:07.800] Most people don't know that a third tower fell on September 11th. [30:07.800 --> 30:11.800] World Trade Center 7, a 47-story skyscraper, was not hit by a plane. [30:11.800 --> 30:15.800] Although the official explanation is that fire brought down Building 7, [30:15.800 --> 30:19.800] over 1,200 architects and engineers have looked into the evidence [30:19.800 --> 30:21.800] and believe there is more to the story. [30:21.800 --> 30:22.800] Bring justice to my son. [30:22.800 --> 30:23.800] My uncle. [30:23.800 --> 30:24.800] My nephew. [30:24.800 --> 30:25.800] My son. [30:25.800 --> 30:26.800] Go to buildingwhat.org. [30:26.800 --> 30:31.800] Why it fell, why it matters, and what you can do. [30:31.800 --> 30:33.800] Are you too clean for your own good? [30:33.800 --> 30:37.800] According to new research, being too conscientious about dirt and germs [30:37.800 --> 30:39.800] could actually make you sick. [30:39.800 --> 30:40.800] I'm Dr. Catherine Albrecht, [30:40.800 --> 30:45.800] and I'll be back with some antibacterial products you might want to avoid. [30:45.800 --> 30:47.800] Privacy is under attack. [30:47.800 --> 30:50.800] When you give up data about yourself, you'll never get it back again. [30:50.800 --> 30:55.800] And once your privacy is gone, you'll find your freedoms will start to vanish too. [30:55.800 --> 30:56.800] So protect your rights. [30:56.800 --> 31:00.800] Say no to surveillance and keep your information to yourself. [31:00.800 --> 31:02.800] Privacy, it's worth hanging on to. [31:02.800 --> 31:06.800] This public service announcement is brought to you by Startpage.com, [31:06.800 --> 31:10.800] the private search engine alternative to Google, Yahoo, and Bing. [31:10.800 --> 31:13.800] Start over with Startpage. [31:13.800 --> 31:17.800] A University of Michigan study suggests that antibacterial soaps [31:17.800 --> 31:20.800] and hand sanitizers could make your family sick. [31:20.800 --> 31:24.800] Many contain the chemical triclosan and antimicrobial. [31:24.800 --> 31:27.800] Young people with higher levels of triclosan in their systems [31:27.800 --> 31:31.800] are more likely to be diagnosed with allergies and hay fever. [31:31.800 --> 31:34.800] Scientists believe the chemical may interfere with the body's immune system [31:34.800 --> 31:37.800] by mimicking or affecting human hormones. [31:37.800 --> 31:40.800] Triclosan may also prevent kids from dealing with everyday germs [31:40.800 --> 31:43.800] so they don't develop a natural immunity to them. [31:43.800 --> 31:46.800] So if you want a healthy clean, skip the antibacterial products [31:46.800 --> 31:49.800] and wash up with good old-fashioned soap and water. [31:49.800 --> 31:50.800] I'm Dr. Catherine Albrecht. [31:50.800 --> 31:54.800] More news and information at CatherineAlbrecht.com. [31:54.800 --> 32:22.800] Music [32:22.800 --> 32:45.800] When you're going to stop abuse, your power [32:45.800 --> 32:50.800] So please Mr. Mackle and each officer not to abuse the power [32:50.800 --> 32:56.800] Send a request to the leader, the captain of all officers [32:56.800 --> 33:01.800] Tell them to uphold the law or please don't abuse their power [33:01.800 --> 33:07.800] They beat and they beat and they cheat and they cheat and they lie every hour [33:07.800 --> 33:12.800] So Mr. Officer, please stop abusing your power [33:12.800 --> 33:18.800] You pull me over and tell me to be silent, sir [33:18.800 --> 33:23.800] I need to speak to my lawyer, Mr. Officer [33:23.800 --> 33:29.800] You acting like you're the judge, finding me guilty, sir [33:29.800 --> 33:34.800] So when you're going to stop abuse, your power [33:34.800 --> 33:40.800] When you're going to stop abuse, your power [33:40.800 --> 33:48.800] When you're going to stop abuse, your power [34:10.800 --> 34:14.800] That has a distressing piece of information [34:14.800 --> 34:19.800] That frankly concerns something that I was not aware of [34:19.800 --> 34:25.800] And I would like an update over Dave Myerlund [34:25.800 --> 34:30.800] Joyce from New Jersey [34:30.800 --> 34:34.800] You wanted to talk to us about Dave Myerlund [34:34.800 --> 34:38.800] Yes, he's had a battle going on in Kirkland [34:38.800 --> 34:42.800] Okay, first, I understand he's been arrested [34:42.800 --> 34:45.800] Yes, he's been charged [34:45.800 --> 34:49.800] What is the nature of the accusation? [34:49.800 --> 34:52.800] Well, intimidating a public servant [34:52.800 --> 35:02.800] And he's been charged with threatening, sending threatening communication [35:02.800 --> 35:17.800] Are you aware of some of the specifics of the circumstances under which he's been charged? [35:17.800 --> 35:22.800] Well, he's being held at SeaTac Federal Detention Center [35:22.800 --> 35:24.800] With $50,000 bail [35:24.800 --> 35:28.800] Do you know what the statute is that he's being charged under? [35:28.800 --> 35:30.800] No, I don't have that information [35:30.800 --> 35:35.800] I'm sorry, we're trying to get as much information as we can, however sketchy [35:35.800 --> 35:40.800] And just put out an SOS to anybody that might be able to do something [35:40.800 --> 35:45.800] Okay, what was it that you wanted to address specifically? [35:45.800 --> 35:53.800] Well, it started with a traffic issue, you know, of course [35:53.800 --> 35:58.800] He also takes out a sense of posture [35:58.800 --> 36:01.800] So he's been dancing with him through traffic issues [36:01.800 --> 36:05.800] And they impounded his car and took his firearm [36:05.800 --> 36:08.800] And then he got his firearm back [36:08.800 --> 36:11.800] And he's got a grand jury [36:11.800 --> 36:14.800] He's part of the county grand jury there [36:14.800 --> 36:18.800] And he's also got a city watchdog group [36:18.800 --> 36:22.800] Okay, hold on [36:22.800 --> 36:30.800] This is, okay, I personally know David Merland and this concerns me greatly [36:30.800 --> 36:40.800] But I am even more concerned about getting incomplete or inconclusive information [36:40.800 --> 36:48.800] Well, my hopes were that, you know, we could just create awareness that this is happening to him [36:48.800 --> 36:59.800] And hope that they don't abuse him, one of his fellow law people out there has been arrested [36:59.800 --> 37:04.800] And really physically abused in jail [37:04.800 --> 37:09.800] Do you have reason to believe David Merland has been physically abused in jail? [37:09.800 --> 37:10.800] Pardon me? [37:10.800 --> 37:15.800] Do you have reason to believe that he has been abused in jail? [37:15.800 --> 37:18.800] I can't hear you. Do I have reason to believe what? [37:18.800 --> 37:25.800] Do you have reason to believe that he has been abused in jail? [37:25.800 --> 37:29.800] We know that he's been arrested. I have a newspaper article [37:29.800 --> 37:30.800] Okay [37:30.800 --> 37:35.800] That's been confirmed that he's being held at the P-10 [37:35.800 --> 37:36.800] Okay [37:36.800 --> 37:42.800] Yeah, but is there anything that shows he's being mistreated while he's in there or anything of that nature? [37:42.800 --> 37:44.800] No, but [37:44.800 --> 37:48.800] Can you do something for us? [37:48.800 --> 37:51.800] I would ask you to do something for us [37:51.800 --> 37:55.800] Do you know of any people who know him personally? [37:55.800 --> 38:01.800] I am on his talk show chat pretty much nightly [38:01.800 --> 38:05.800] And I'm a six-year veteran student with David Merland [38:05.800 --> 38:07.800] Okay, I looked up his case on Pacer [38:07.800 --> 38:14.800] He's got a criminal case against him filed on the 21st of January [38:14.800 --> 38:18.800] The charge is transmission of threatening interstate communication [38:18.800 --> 38:21.800] The case is unsealed [38:21.800 --> 38:24.800] He's been arrested as of the 25th [38:24.800 --> 38:28.800] There's an order appointing a federal public defender [38:28.800 --> 38:37.800] Motion for detention by the United States government [38:37.800 --> 38:39.800] Arrest warrant, return is executed [38:39.800 --> 38:41.800] Let's see, appearance bond entered [38:41.800 --> 38:47.800] Minute order, motion for reconsideration on the part of David Merland [38:47.800 --> 38:54.800] We'll have to read the pleadings to see just exactly what the nature of these charges are [38:54.800 --> 38:58.800] Concerning transmission of threatening interstate communication [38:58.800 --> 39:00.800] That's the charges against him [39:00.800 --> 39:05.800] There is a plethora of civil cases that he's been involved with [39:05.800 --> 39:07.800] And some other criminal cases as well [39:07.800 --> 39:09.800] Most of them are closed [39:09.800 --> 39:10.800] This is the only one that's open [39:10.800 --> 39:16.800] So that's what we have on Pacer as of now [39:16.800 --> 39:20.800] And designation public defender or community defender [39:20.800 --> 39:24.800] So apparently he does have a public defender appointed [39:24.800 --> 39:26.800] I don't know if he's trying to fire him yet or not [39:26.800 --> 39:28.800] So attorney to be noticed [39:28.800 --> 39:35.800] Vince Lombardi is the U.S. attorney that's prosecuting the case [39:35.800 --> 39:38.800] So that's what's going on with David Merland on Pacer [39:38.800 --> 39:41.800] Yeah, they had somewhat of a blown out [39:41.800 --> 39:47.800] Okay, for me this is a big deal [39:47.800 --> 39:49.800] What exactly is your question, ma'am? [39:49.800 --> 39:51.800] I don't have a question [39:51.800 --> 39:54.800] I just wanted to make Mandy and you guys aware [39:54.800 --> 40:01.800] Okay, can I get you if you're on one of his talk show programs [40:01.800 --> 40:08.800] Can I get you to go on that program and ask the people there [40:08.800 --> 40:12.800] To get good information about what's going on with him [40:12.800 --> 40:15.800] Because he is definitely one of us [40:15.800 --> 40:20.800] And we have to fight together [40:20.800 --> 40:24.800] And get me good information about what's going on [40:24.800 --> 40:25.800] Well, that's the problem [40:25.800 --> 40:30.800] I mean, you know, we're getting as much information as we can [40:30.800 --> 40:35.800] Or trying to and creating awareness that doesn't hurt [40:35.800 --> 40:39.800] Okay, one thing is he's in jail [40:39.800 --> 40:48.800] Do everything you can to get information to him, to contact him [40:48.800 --> 40:52.800] The more people who contact the jail [40:52.800 --> 40:57.800] Who demand to talk to him, who demand to know what's going on [40:57.800 --> 41:02.800] The more political pressure will be applied to the people who are holding him [41:02.800 --> 41:04.800] Okay, do you guys want me to read [41:04.800 --> 41:10.800] I mean, I don't want to, you know, expose situations of people on the air [41:10.800 --> 41:13.800] But if I have the criminal complaint [41:13.800 --> 41:16.800] If you want to call that sitting in front of me [41:16.800 --> 41:18.800] Read it for me [41:18.800 --> 41:20.800] Okay, count one [41:20.800 --> 41:25.800] This is United States of America v. David Russell Merlins [41:25.800 --> 41:31.800] Before the Honorable Mary Alice Theiler, U.S. Magistrate Judge in Seattle, Washington [41:31.800 --> 41:36.800] This is in the U.S. District Court, Western District of Washington [41:36.800 --> 41:38.800] Here's what they're charging him with [41:38.800 --> 41:44.800] Honor about August 30, 2010 at Kirkland within the Western District of Washington [41:44.800 --> 41:51.800] And elsewhere, David Russell Merlin, in all caps, knowingly did transmit in interstate and foreign commerce [41:51.800 --> 41:58.800] A communication containing a threat to kidnap and injure the person of another [41:58.800 --> 42:05.800] In that he used a computer and the Internet to transmit by commercial and interstate electronic mail [42:05.800 --> 42:09.800] A message addressed to J.M., the mayor of the city of Kirkland [42:09.800 --> 42:13.800] Which message was received at a city of Kirkland computer server [42:13.800 --> 42:22.800] In which message David Russell Merlin threatened to use force to, quote, arrest J.M. in her home [42:22.800 --> 42:28.800] All in violation of Title 18 U.S. Code, Section 875C [42:28.800 --> 42:33.800] And the undersigned complaint, Special Agent John Dean [42:33.800 --> 42:37.800] Okay, so then there's a statement of probable cause [42:37.800 --> 42:47.800] So basically they're charging David Merlin with threatening over an email to arrest, quote, unquote [42:47.800 --> 42:52.800] The city mayor of Kirkland in her home [42:52.800 --> 42:56.800] How does that become, oh, okay, I'm sorry [42:56.800 --> 43:01.800] I started to say how does that become federal, but if it's over email, that's how it becomes [43:01.800 --> 43:05.800] He's also pretty outspoken against this administration [43:05.800 --> 43:08.800] Outspoken is okay [43:08.800 --> 43:11.800] I think so, but, you know, apparently he's not the first one [43:11.800 --> 43:20.800] Somebody got threatened by an officer just for calling that facility to try and get information about him [43:20.800 --> 43:25.800] And that he was interfering with official government business [43:25.800 --> 43:29.800] That's one of the catch-alls [43:29.800 --> 43:40.800] Okay, this has to do, the reason the feds are involved is because Title 18 prohibits interstate communication of threats to kidnap [43:40.800 --> 43:43.800] Okay, I think [43:43.800 --> 43:45.800] Whoa, threats to kidnap [43:45.800 --> 43:51.800] Okay, this is Randy Kelton, Deborah Stevens, Eddie Craig, radio [43:51.800 --> 43:56.800] We have a lot of callers on the board, okay [43:56.800 --> 43:59.800] Well, thanks [43:59.800 --> 44:07.800] More energy, stronger immune power, improved sense of well-being [44:07.800 --> 44:11.800] How many supplements have you heard boast of these benefits? 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[46:18.800 --> 46:24.800] If you could not wait any battle too long, would your purpose have to die? [46:24.800 --> 46:30.800] Such a captain and a soldier, a warrior of love, scuffle and they keep the heat [46:30.800 --> 46:35.800] All they're taking is misunderstanding, and somebody calls the police [46:35.800 --> 47:00.800] What's in this black sky? [47:00.800 --> 47:05.800] The friction is an addiction, the hard work can leave you cold as nails [47:05.800 --> 47:11.800] There's a possibility, choice, tranquility, a heavy load that's taping on scales [47:11.800 --> 47:17.800] The time is colliding with the conflict, you find out after a while [47:17.800 --> 47:22.800] It's not your moral standards, it's your patience that's on trial [47:22.800 --> 47:42.800] What's in this black sky? [47:42.800 --> 47:45.800] Alright folks, we are back, this is Rule of Law Radio [47:45.800 --> 47:49.800] We do see you folks there on the caller board, Mike, Galen, Brendan and Hondo [47:49.800 --> 47:54.800] So please hang in there, Randy, there was something else you wanted to comment on about this issue before we go on? [47:54.800 --> 47:58.800] Yes, I am very concerned about this [47:58.800 --> 48:08.800] I have always been very concerned when people start talking about citizen's arrest [48:08.800 --> 48:16.800] I understand that we have the right to initiate a citizen's arrest [48:16.800 --> 48:26.800] But I would warn everybody that when you consider initiating a citizen's arrest [48:26.800 --> 48:31.800] You are treading very deep water [48:31.800 --> 48:39.800] We have policemen we can engage to do that, and we don't tread that deep water [48:39.800 --> 48:52.800] With that said, David Merlin is one of us, he's been struggling with us to right wrongs that have been going on [48:52.800 --> 49:04.800] And what we've heard on this show so far is not necessarily what's really the case [49:04.800 --> 49:09.800] You have to, you know, the one thing we know about public officials [49:09.800 --> 49:15.800] They will lie when the truth would do better, would be more appropriate [49:15.800 --> 49:23.800] So whatever we're reading from the official transcript we have to assume is a pack of lies [49:23.800 --> 49:40.800] And just from what I've heard, if David proposed the question of could I arrest a public official in its own [49:40.800 --> 49:46.800] That's not a threat, that's proposing the question [49:46.800 --> 50:00.800] And I realize we're in a police state, but are we so bound that we cannot even propose questions [50:00.800 --> 50:10.800] Frankly, this frightens me, as it should frighten Eddie and it should frighten Deborah [50:10.800 --> 50:16.800] They can make up any story they want and do the same thing to us [50:16.800 --> 50:25.800] I'm hoping that anyone listening who knows anything about what's actually going on would bring us information [50:25.800 --> 50:29.800] I've got more information, okay, I'm reading this complaint [50:29.800 --> 50:33.800] This has to do with the traffic stop, alright [50:33.800 --> 50:42.800] He pulled him over for not having a license plate and he had a pistol in the front seat, allegedly [50:42.800 --> 50:54.800] And this police officer who's making this statement here is saying that he had a history of making threats to arrest police officers [50:54.800 --> 51:00.800] Okay, so they're bringing this handgun thing into the whole issue [51:00.800 --> 51:06.800] This is a very complicated case [51:06.800 --> 51:12.800] They're trying to bring in interstate commerce and emails and stuff, I'm sorry folks [51:12.800 --> 51:18.800] We're going to have to do a lot more research to try to get to the bottom and figure out what's really going on [51:18.800 --> 51:28.800] It's a complicated situation, but I do have to say that I agree with Randy when it comes to the issue of citizens' arrest [51:28.800 --> 51:38.800] Okay, it's my understanding, at least in the state of Texas, that if a citizen witnesses a felony in progress [51:38.800 --> 51:52.800] That they have the right, even enumerated under statute, to hold the perp for the purpose of public servants being able to come [51:52.800 --> 51:57.800] And further arrest and incarcerate and may not be using the proper terms [51:57.800 --> 52:09.800] But to try to think that we can go into someone's homes or, you know, execute warrants or make up our own warrants or all this [52:09.800 --> 52:17.800] This is nonsense, okay? This is patriot myth nonsense, kangaroo court business [52:17.800 --> 52:20.800] And I do not agree with it [52:20.800 --> 52:22.800] Can I actually interject for a second? [52:22.800 --> 52:31.800] Article 1401 Code of Criminal Procedure allows anyone to arrest for a felony or a breach of the peace committed in their presence in Texas [52:31.800 --> 52:37.800] And it's not just to hold them, they have the authority to take them to the nearest magistrate [52:37.800 --> 52:42.800] Or to jail if there's no magistrate available, just like the peace officer does [52:42.800 --> 52:49.800] Now there also is a statute in Texas that allows the judge to appoint the person who serves the warrant [52:49.800 --> 52:53.800] They are not required to be a peace officer [52:53.800 --> 52:58.800] But even a peace officer may not enter someone's home to make an arrest [52:58.800 --> 53:06.800] Unless he can show that there was to be a likelihood of harm to another if he did not immediately intercede [53:06.800 --> 53:11.800] Even if there's a felony going on, he has to be able to see it in progress [53:11.800 --> 53:19.800] Yes, a police officer can pursue a person into a private residence [53:19.800 --> 53:22.800] No, wait a minute, we're not talking about police officer, we're talking about citizen's arrest here [53:22.800 --> 53:33.800] No, no, let me finish, even a police officer or any person can pursue a felon into a private residence [53:33.800 --> 53:37.800] But they have to have them in sight [53:37.800 --> 53:45.800] If the person gets out of their sight and enters a private residence, you can't go in there [53:45.800 --> 53:48.800] You have to go back and get a warrant [53:48.800 --> 54:04.800] So in this case, it appears as though David was only proposing the question of whether that could be done [54:04.800 --> 54:15.800] Okay, now for me, the reason I'm so concerned about this is the U.S. Attorney has unlimited funds [54:15.800 --> 54:22.800] And he can charge you with anything he wants to [54:22.800 --> 54:26.800] Valid, invalid makes no difference [54:26.800 --> 54:35.800] And since magistrates no longer do their jobs, you'll have to defend yourself against the cause [54:35.800 --> 54:47.800] There's a guy in North Carolina who spent a year in jail fighting accusations that would have gotten him 160 years in prison [54:47.800 --> 54:53.800] He was completely exonerated of everything [54:53.800 --> 54:59.800] But he lost everything he owned [54:59.800 --> 55:05.800] You may not do the time, but you won't be the right [55:05.800 --> 55:07.800] Okay, well I do have to say this [55:07.800 --> 55:17.800] I find it interesting that they're trying to accuse him under some interstate communication threat to kidnap business [55:17.800 --> 55:25.800] That's how the feds are claiming jurisdiction and they're claiming some email that he sent, an alleged email [55:25.800 --> 55:36.800] But I find it interesting that they have not included the email as an exhibit in the case [55:36.800 --> 55:44.800] I mean, if there was really an email that they are basing this whole thing on [55:44.800 --> 55:47.800] I mean, just looking at the federal issue [55:47.800 --> 55:54.800] I mean, forget the state issues, okay, because there could be hundreds of state issues here potentially [55:54.800 --> 55:57.800] Just looking at possible federal issues [55:57.800 --> 56:06.800] They're claiming an interstate email threat, but they're not including a printout of the email [56:06.800 --> 56:08.800] I mean, come on, people [56:08.800 --> 56:14.800] I mean, emails have, you can print out the header, you can find out the IP address [56:14.800 --> 56:28.800] And you can trace the routing of what servers, what internet service providers the email has gone through to get from point A to point B [56:28.800 --> 56:34.800] You can find out the exact location, the entire routing [56:34.800 --> 56:44.800] I mean, give me a break, I mean, they could nail him straight up with his IP address, the originating IP address of the email [56:44.800 --> 56:54.800] But they're not even including a half-baked printout of the email, much less the header with all the technical information [56:54.800 --> 56:57.800] So I don't know, I mean, look, we're done [56:57.800 --> 57:03.800] You may beat the time, but you won't be derived [57:03.800 --> 57:05.800] Okay, so? [57:05.800 --> 57:09.800] They'll destroy you in the ride [57:09.800 --> 57:15.800] The prosecuting attorney probably does not care in the least whether he wins or not [57:15.800 --> 57:20.800] He will destroy you while you're trying to defend yourself [57:20.800 --> 57:26.800] Okay, so the bottom line is if they want to take you down, they're going to take you down, so what, is it hopeless? [57:26.800 --> 57:36.800] The bottom line is be very careful, give them nothing to hang your hat on [57:36.800 --> 57:42.800] And I guess the bottom line is, yeah, they can cheat [57:42.800 --> 57:47.800] So the real bottom line is take it back to them, take them to the grand jury [57:47.800 --> 57:50.800] They want to fight, take the fight to them [57:50.800 --> 57:54.800] Don't just stand back and defend yourself, go on the offensive [57:54.800 --> 57:58.800] They're doing false claims against you and they're doing a malicious prosecution [57:58.800 --> 58:02.800] Don't just complain about the malicious prosecution [58:02.800 --> 58:07.800] Pursue remedy based on the malicious prosecution [58:07.800 --> 58:10.800] File criminal charges against them [58:10.800 --> 58:18.800] And that's the thing we cover in our due process presentations of how to use the grand jury to go after these guys [58:18.800 --> 58:31.800] And when we come back, I'd like to come in with a USA Today article that I read on a train recently [58:31.800 --> 58:36.800] This was put right in my face, I never read newspapers [58:36.800 --> 58:41.800] But a newspaper by a train employee was dropped right in my face [58:41.800 --> 58:49.800] And it had an article about the Justice Department creating a unit to investigate U.S. attorneys [58:49.800 --> 58:51.800] We'll talk about that when we come back [58:51.800 --> 58:56.800] Randy Kelton, Deborah Stevens, Eddie Craig, Rue La Radio [58:56.800 --> 58:59.800] We'll be right back on the other side in the bulletin boxes [58:59.800 --> 59:03.800] The Bible remains the most popular book in the world [59:03.800 --> 59:07.800] Yet countless readers are frustrated because they struggle to understand it [59:07.800 --> 59:11.800] Some new translations try to help by simplifying the text [59:11.800 --> 59:15.800] But in the process can compromise the profound meaning of the scripture [59:15.800 --> 59:18.800] Enter the recovery version [59:18.800 --> 59:22.800] First, this new translation is extremely faithful and accurate [59:22.800 --> 59:27.800] But the real story is the more than 9,000 explanatory footnotes [59:27.800 --> 59:31.800] Difficult and profound passages are opened up in a marvelous way [59:31.800 --> 59:37.800] Providing an entrance into the riches of the Word beyond which you've ever experienced before [59:37.800 --> 59:42.800] Bibles for America would like to give you a free recovery version simply for the asking [59:42.800 --> 59:53.800] This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102 [59:53.800 --> 59:57.800] Or by ordering online at freestudybible.com [59:57.800 --> 59:59.800] That's freestudybible.com [59:59.800 --> 01:00:03.800] This news brief brought to you by the International News Net [01:00:03.800 --> 01:00:07.800] The Obama administration is preparing to increase the use of military commissions [01:00:07.800 --> 01:00:10.800] To prosecute Guantanamo detainees [01:00:10.800 --> 01:00:14.800] Two years ago Barack Obama signed an executive order closing Guantanamo [01:00:14.800 --> 01:00:16.800] But the prison remains open [01:00:16.800 --> 01:00:19.800] The administration is also preparing an executive order [01:00:19.800 --> 01:00:24.800] To indefinitely detain nearly 50 prisoners for life without trial [01:00:24.800 --> 01:00:28.800] A type of parole board is to periodically review their cases [01:00:28.800 --> 01:00:33.800] Many who will be tried were waterboarded by the CIA [01:00:33.800 --> 01:00:38.800] Demonstrators crashed a mortgage bankers association summit in Washington Wednesday [01:00:38.800 --> 01:00:41.800] Protesting the government's bailout of a financial system [01:00:41.800 --> 01:00:46.800] AFL-CIO union workers pushed past security into the conference room [01:00:46.800 --> 01:00:51.800] Unraveling a banner that read, show us the $900 million bailout money [01:00:51.800 --> 01:00:59.800] The British lender The Pult Group was given a $917 million tax break in 2009 [01:00:59.800 --> 01:01:04.800] Nobel Peace Laureate Barack Obama ate a state dinner with Chinese President Hu Jintao [01:01:04.800 --> 01:01:06.800] At the White House Wednesday [01:01:06.800 --> 01:01:11.800] While this year's Nobel Peace recipient Lu Xiaobo remained in a Chinese jail [01:01:11.800 --> 01:01:15.800] Obama has avoided criticizing Hu overtly on human rights [01:01:15.800 --> 01:01:20.800] Saying instead they come from quote very different cultures [01:01:20.800 --> 01:01:26.800] A WikiLeaks cable has revealed the US was advised to adopt a policy of covert sabotage [01:01:26.800 --> 01:01:29.800] Of Iran's clandestine nuclear facilities [01:01:29.800 --> 01:01:35.800] Including computer hacking and unexplained explosions by a German think tank [01:01:35.800 --> 01:01:39.800] Volker Pertes, director of the Institute for Security and International Affairs [01:01:39.800 --> 01:01:45.800] Told US officials undercover operations would be more effective than a military strike [01:01:45.800 --> 01:01:51.800] A sophisticated computer worm Stuxnet infiltrated the Natanz nuclear facility last year [01:01:51.800 --> 01:01:54.800] Delaying Iran's nuclear program by months [01:01:54.800 --> 01:01:59.800] On Monday Iran's top nuclear negotiator Saeed Jalili [01:01:59.800 --> 01:02:02.800] Said the US was found to have been involved in the attack [01:02:02.800 --> 01:02:08.800] That shut down one fifth of Iran's nuclear centrifuges in November [01:02:08.800 --> 01:02:12.800] Critics are questioning why US states that face major budget shortfalls [01:02:12.800 --> 01:02:15.800] Are continuing to subsidize Hollywood films [01:02:15.800 --> 01:02:20.800] Hollywood has relied on taxpayer support for recent films like How Do You Know [01:02:20.800 --> 01:02:23.800] Love and Other Drugs and 127 Hours [01:02:23.800 --> 01:02:26.800] Like the main character in 127 Hours [01:02:26.800 --> 01:02:29.800] Many states trapped between a rock and a hard place [01:02:29.800 --> 01:02:34.800] Might be forced to slash Hollywood subsidies to help solve budget shortfalls [01:02:34.800 --> 01:02:37.800] The New Jersey State Legislature passed a bill last week [01:02:37.800 --> 01:02:43.800] Reviving and expanding a tax credit that underwrites up to 20% of certain movie making expenses [01:02:43.800 --> 01:02:50.800] Governor Christopher Christie recently proposed cutting funding for public education by $820 million [01:02:50.800 --> 01:02:54.800] And aid for colleges and universities by $175 million [01:02:54.800 --> 01:03:00.800] For more details on these stories, visit www.inmworldrecord.net [01:03:04.800 --> 01:03:10.800] You are listening to the Rule of Law Radio Network at ruleoflawradio.com [01:03:10.800 --> 01:03:14.800] Live free speech talk radio at its best [01:03:14.800 --> 01:03:18.800] The New Jersey State Legislature [01:03:44.800 --> 01:03:49.800] Okay, this is Randy Coulson, and this is David Gregg with the radio [01:03:49.800 --> 01:03:55.800] And I want to apologize for spending too much time on this [01:03:55.800 --> 01:03:58.800] But David Myerlin is one of us [01:03:58.800 --> 01:03:59.800] His name is Myerlin [01:03:59.800 --> 01:04:01.800] Myerlin, Myerlin, die, right, I got it right [01:04:01.800 --> 01:04:03.800] Okay, David Myerlin is one of us [01:04:03.800 --> 01:04:05.800] He's doing what we're doing [01:04:05.800 --> 01:04:08.800] And we don't have all the information yet [01:04:08.800 --> 01:04:12.800] So it's too soon for us to make a determination [01:04:12.800 --> 01:04:18.800] But this is difficult, it's dangerous [01:04:18.800 --> 01:04:21.800] This is a hard thing that we're doing [01:04:21.800 --> 01:04:26.800] But in the end, life is short [01:04:26.800 --> 01:04:34.800] And when you reach the end of it, you will be required to look back on it [01:04:34.800 --> 01:04:42.800] And Deborah, Eddie, and I will be able to look back and say that [01:04:42.800 --> 01:04:50.800] In all of the years we were on this planet, at least for a few of them [01:04:50.800 --> 01:04:56.800] We did the right thing for the right reason and took whatever risk came at us [01:04:56.800 --> 01:05:01.800] Deborah is under a tremendous risk right now [01:05:01.800 --> 01:05:04.800] David Myerlin is under tremendous risk [01:05:04.800 --> 01:05:06.800] Well, we all are [01:05:06.800 --> 01:05:10.800] We are all taking a tremendous risk [01:05:10.800 --> 01:05:13.800] And it's of great value [01:05:13.800 --> 01:05:15.800] It gives purpose to our lives [01:05:15.800 --> 01:05:17.800] And we're not going to spend any more time on it [01:05:17.800 --> 01:05:20.800] Our callers are stacking up [01:05:20.800 --> 01:05:23.800] And I want to apologize to David Myerlin [01:05:23.800 --> 01:05:26.800] We care about him, he's one of us [01:05:26.800 --> 01:05:28.800] But we do have to move on [01:05:28.800 --> 01:05:31.800] We're going to go to Mike from Wisconsin [01:05:31.800 --> 01:05:33.800] Mike, what is going on? [01:05:33.800 --> 01:05:36.800] Hey, how are you doing, guys? [01:05:36.800 --> 01:05:38.800] We're concerned [01:05:38.800 --> 01:05:40.800] Yeah, I understand [01:05:40.800 --> 01:05:45.800] Unfortunately, mine's not as heavy as that [01:05:45.800 --> 01:05:48.800] So let me get to the point [01:05:48.800 --> 01:05:51.800] And this goes back to what you guys were talking about at the beginning [01:05:51.800 --> 01:05:55.800] I've got a traffic citation, December 7 [01:05:55.800 --> 01:05:58.800] Hold over by Wisconsin State Trooper for speeding [01:05:58.800 --> 01:06:03.800] But then he issued me a citation for speedometer violation [01:06:03.800 --> 01:06:08.800] Which is a Wisconsin statute that he's adopting, 347.41 [01:06:08.800 --> 01:06:11.800] Anyways, I want to make sure I'm handling this right [01:06:11.800 --> 01:06:14.800] I just ordered jurisdictionary [01:06:14.800 --> 01:06:23.800] I sent in a not guilty plea [01:06:23.800 --> 01:06:24.800] Written not guilty plea [01:06:24.800 --> 01:06:28.800] And then, of course, they scheduled the preliminary and the trial [01:06:28.800 --> 01:06:30.800] So I got paperwork the other day [01:06:30.800 --> 01:06:33.800] On the 9th, I've got a preliminary [01:06:33.800 --> 01:06:36.800] And then in March, they scheduled the actual trial date [01:06:36.800 --> 01:06:38.800] Wait, wait, wait, wait [01:06:38.800 --> 01:06:47.800] Do you demand an examinee trial? [01:06:47.800 --> 01:06:49.800] Are you there? [01:06:49.800 --> 01:06:51.800] Yeah, I'm here [01:06:51.800 --> 01:06:56.800] They demand an examinee trial to prepare a motion [01:06:56.800 --> 01:07:02.800] When you received a citation [01:07:02.800 --> 01:07:09.800] You were ordered to appear before a magistrate [01:07:09.800 --> 01:07:13.800] Not a judge, but a magistrate [01:07:13.800 --> 01:07:14.800] Okay? [01:07:14.800 --> 01:07:20.800] So it's important to understand that a judge can be a magistrate [01:07:20.800 --> 01:07:24.800] But when the judge is acting as a magistrate, he's not a magistrate [01:07:24.800 --> 01:07:27.800] Did you appear before a magistrate? [01:07:27.800 --> 01:07:29.800] I did not [01:07:29.800 --> 01:07:30.800] I did not [01:07:30.800 --> 01:07:32.800] I said that I could send a written request [01:07:32.800 --> 01:07:37.800] And that's what I did, a not guilty plea [01:07:37.800 --> 01:07:38.800] That's interesting [01:07:38.800 --> 01:07:40.800] I'm wondering if you waived the right to a [01:07:40.800 --> 01:07:44.800] I don't know if you can waive the right to an examinee trial [01:07:44.800 --> 01:07:49.800] You might send a motion demanding an examinee trial [01:07:49.800 --> 01:07:50.800] Okay [01:07:50.800 --> 01:08:00.800] It does actually say that it won't be thrown out unless I send a motion with proper justification or whatever [01:08:00.800 --> 01:08:03.800] Well, when you signed the citation [01:08:03.800 --> 01:08:07.800] I never signed anything [01:08:07.800 --> 01:08:13.800] Did the officer ask you to sign the citation? [01:08:13.800 --> 01:08:21.800] Nope, it's an electronic printout right from the squad car, and it just explained that it was not a traffic violation [01:08:21.800 --> 01:08:24.800] It was a speedometer violation [01:08:24.800 --> 01:08:26.800] What does that mean? [01:08:26.800 --> 01:08:29.800] My speedometer's fine, so [01:08:29.800 --> 01:08:33.800] What does the speedometer violation mean? [01:08:33.800 --> 01:08:36.800] Well, I looked up the statute and it basically says faulty speedometer [01:08:36.800 --> 01:08:41.800] That you have to drive a vehicle in the state of Wisconsin with, you know, working equipment [01:08:41.800 --> 01:08:47.800] And under this adopted statute that the citation says, it says it's a speedometer violation, so [01:08:47.800 --> 01:08:50.800] Okay, there's a problem with that [01:08:50.800 --> 01:08:55.800] So he's saying he's not accusing you of speeding [01:08:55.800 --> 01:09:01.800] He's accusing you of having a speedometer that wasn't working properly? [01:09:01.800 --> 01:09:03.800] Correct, correct [01:09:03.800 --> 01:09:07.800] And the reason that is because when he pulled me over, he came to the vehicle and he [01:09:07.800 --> 01:09:15.800] As far as I know, he did things properly, he said, hi, I'm, you know, Trooper Stone, so I pulled you over today for speeding [01:09:15.800 --> 01:09:18.800] And then I said, well, that's kind of goofy because I don't speed [01:09:18.800 --> 01:09:22.800] And I said, you know, I don't know, maybe your gun's off or whatever [01:09:22.800 --> 01:09:26.800] And he said, well, you know, how old is your car and all this stuff? [01:09:26.800 --> 01:09:29.800] And then he came back with a speedometer violation [01:09:29.800 --> 01:09:33.800] Okay, how did he know your speedometer wasn't accurate? [01:09:33.800 --> 01:09:35.800] I don't know [01:09:35.800 --> 01:09:40.800] And how did he know that you knew your speedometer was inaccurate? [01:09:40.800 --> 01:09:42.800] My speedometer isn't inaccurate [01:09:42.800 --> 01:09:50.800] I've done GPS timings and I've done actual stopwatch timings and my speedometer is right on [01:09:50.800 --> 01:09:53.800] Do you say you have a GPS in that same car? [01:09:53.800 --> 01:09:55.800] I do [01:09:55.800 --> 01:09:59.800] Can it print a report for that time period? [01:09:59.800 --> 01:10:06.800] No, I cannot, but like I said, since this, I've tested my speedometer and the speedometer is working fine [01:10:06.800 --> 01:10:09.800] Okay, here's the problem [01:10:09.800 --> 01:10:20.800] In order to be culpable of a criminal act, the criminal act is not something that you do [01:10:20.800 --> 01:10:25.800] All crimes are mental crimes [01:10:25.800 --> 01:10:29.800] All crimes go to how you hold your mind [01:10:29.800 --> 01:10:33.800] They go to intent [01:10:33.800 --> 01:10:45.800] Now, they don't go to intent to commit a crime, but they go to intent of the outcome of your actions [01:10:45.800 --> 01:10:54.800] So in order for your speeding to be a crime, you have to have intended to exceed the speed limit [01:10:54.800 --> 01:11:07.800] If you were paying attention to your speedometer and your speedometer showed that you were not exceeding the speed limit, then there is no intent [01:11:07.800 --> 01:11:21.800] You intended to abide by law, but extraneous circumstances that you were not aware of resulted in you not abiding by law [01:11:21.800 --> 01:11:24.800] That's not a crime [01:11:24.800 --> 01:11:25.800] Gotcha [01:11:25.800 --> 01:11:31.800] I'm at where I'm at, so I've got this speedometer violation [01:11:31.800 --> 01:11:34.800] I'm wondering, in Wisconsin, do they have to do the same thing? [01:11:34.800 --> 01:11:42.800] Does the clerk have to do a criminal complaint like you guys were talking about? [01:11:42.800 --> 01:11:44.800] No, that's not in law at all [01:11:44.800 --> 01:11:54.800] This crapola of clerks filing criminal complaints, that's just something that they decided to do [01:11:54.800 --> 01:12:01.800] I understand that, but I'm wondering if that's general practice in Wisconsin also, because I could request [01:12:01.800 --> 01:12:05.800] I think it is. Mike from Wisconsin [01:12:05.800 --> 01:12:06.800] Wait a minute, you're Mike from Wisconsin [01:12:06.800 --> 01:12:12.800] I think you're just still dancing naked in the moonlight on some solstice, don't they? [01:12:12.800 --> 01:12:16.800] No, but Mark from Wisconsin is probably listening. Mark will probably know [01:12:16.800 --> 01:12:22.800] I want to connect up with Mark, so he should send me his email or I should send him his [01:12:22.800 --> 01:12:34.800] Okay, I think I'm going to send Mark's email to my whole email list and tell him if they have any problems calling just to drive him crazy [01:12:34.800 --> 01:12:42.800] But yeah, if Mark is listening, let us know if you want us to put you in contact with Mark [01:12:42.800 --> 01:12:50.800] Should I send a motion to dismiss based on the fact that I verified my speedometer is working? [01:12:50.800 --> 01:13:06.800] If you don't want to fight the esoteric legal issues, then you need someone other than you to be able to testify that your speedometer is accurate [01:13:06.800 --> 01:13:12.800] Well yeah, I'll have two or three people to, I mean I can get write ups that they tested it, you know [01:13:12.800 --> 01:13:14.800] That'll do it, and file a motion [01:13:14.800 --> 01:13:16.800] As many methods as I need [01:13:16.800 --> 01:13:20.800] Yeah, get you some affidavit certifying that it was tested fine [01:13:20.800 --> 01:13:24.800] And those affidavits should be signed and notarized? [01:13:24.800 --> 01:13:27.800] Wait a minute, that won't help you [01:13:27.800 --> 01:13:33.800] But it needs to be by a certified mechanic or repair dealer [01:13:33.800 --> 01:13:40.800] Wait a minute, he didn't charge you for speeding, he charged you with your [01:13:40.800 --> 01:13:42.800] Pedometer violations [01:13:42.800 --> 01:14:03.800] Yes, that is an interesting allegation because to me it seems strange to imagine how you can conceive of convicting someone of having a faulty speedometer [01:14:03.800 --> 01:14:05.800] That's what I hear [01:14:05.800 --> 01:14:14.800] All crimes go too intense, so he would have to prove that your speedometer was not accurate [01:14:14.800 --> 01:14:19.800] That you knew your speedometer was not accurate [01:14:19.800 --> 01:14:28.800] And that you drove based on an inaccurate speedometer knowing full well that it was inaccurate [01:14:28.800 --> 01:14:33.800] I can't imagine how they could get there [01:14:33.800 --> 01:14:45.800] You should file a motion to dismiss this complaint because it is absolute utter nonsense and only a moron would issue such a citation [01:14:45.800 --> 01:14:52.800] Especially since he has no way to show how he tested and arrived at the conclusion that the speedometer was faulty [01:14:52.800 --> 01:14:53.800] Correct [01:14:53.800 --> 01:15:01.800] Is there anything in the statement of the officer that gives him reason to believe that the speedometer was faulty? [01:15:01.800 --> 01:15:06.800] I haven't got that yet, I need to get all that information [01:15:06.800 --> 01:15:09.800] Okay, you probably have a pretty good case here [01:15:09.800 --> 01:15:19.800] I guess that's my question, where do I go to request any video or audio or anything that they would have from that stuff? [01:15:19.800 --> 01:15:35.800] You send a public information request, whatever it's called in Wisconsin, to the administrative agency, to the police department, whatever department it works for [01:15:35.800 --> 01:15:36.800] Highway Patrol [01:15:36.800 --> 01:15:40.800] Yes, send it to the director [01:15:40.800 --> 01:15:41.800] Okay [01:15:41.800 --> 01:15:48.800] Because the only one in the Highway Patrol that works for you is the director [01:15:48.800 --> 01:15:52.800] Everybody else works for him, so you send it to him [01:15:52.800 --> 01:16:00.800] If they don't give you what you want, you file criminal charges against him under your Wisconsin Open Records Act, whatever that's designated [01:16:00.800 --> 01:16:10.800] So if I want to, I can ask for all of the troopers records, if he's up to date on everything, the car, the vehicle records, the video, audio, anything, right? [01:16:10.800 --> 01:16:12.800] Absolutely [01:16:12.800 --> 01:16:20.800] Every one of these guys carries a personal audio device, make sure you ask for the recording from their personal audio device [01:16:20.800 --> 01:16:22.800] Alright [01:16:22.800 --> 01:16:26.800] That always gives them apoplexy [01:16:26.800 --> 01:16:32.800] Okay, we're about to go to break, we've got about 30 seconds [01:16:32.800 --> 01:16:37.800] When we come back, we have a number of calls [01:16:37.800 --> 01:16:43.800] If you have any questions or comments, call us, we've got three more segments [01:16:43.800 --> 01:16:47.800] We've got one, two, two, four callers left [01:16:47.800 --> 01:16:52.800] Call us at 512-646-1984 [01:16:52.800 --> 01:16:56.800] This is Randy Chalk from Deborah Stevens, Eddie Craig [01:16:56.800 --> 01:16:59.800] We'll be right back on the other side [01:16:59.800 --> 01:17:07.800] Capital Coin and Bullion is your local source for rare coins, precious metals and coin supplies in the Austin metro area [01:17:07.800 --> 01:17:09.800] We also ship worldwide [01:17:09.800 --> 01:17:14.800] We are a family owned and operated business that offers competitive prices on your coin and metal purchases [01:17:14.800 --> 01:17:20.800] We buy, sell, trade and consign rare coins, gold and silver coin collections, precious metals and scrap gold [01:17:20.800 --> 01:17:22.800] We purchase and sell gold and jewelry items [01:17:22.800 --> 01:17:25.800] We offer daily specials on coins and bullion [01:17:25.800 --> 01:17:29.800] Located at 5448 Burnett Road, Suite 3 at the corner of Burnett and Shulmont [01:17:29.800 --> 01:17:33.800] And we're open Mondays and Fridays, 10 to 6, Saturdays, 10 to 5 [01:17:33.800 --> 01:17:40.800] You are welcome to stop in our shop during regular business hours or call 512-646-6440 [01:17:40.800 --> 01:17:41.800] Any questions? [01:17:41.800 --> 01:17:45.800] Ask for a chat and say you heard about us on Blue of Law Radio or Texas Liberty Radio [01:17:45.800 --> 01:17:48.800] That's Capital Coin and Bullion at the corner of Burnett and Shulmont [01:17:48.800 --> 01:17:52.800] And we're open Mondays and Fridays, 10 to 6, Saturdays, 10 to 5 [01:17:52.800 --> 01:17:57.800] That's Capital Coin and Bullion, 512-646-6440 [01:17:59.800 --> 01:18:02.800] It is so enlightening to listen to 90.1 FM [01:18:02.800 --> 01:18:05.800] But finding things on the Internet isn't so easy [01:18:05.800 --> 01:18:08.800] And neither is finding like-minded people to share it with [01:18:08.800 --> 01:18:11.800] Oh, well, I guess you haven't heard of Brave New Books then [01:18:11.800 --> 01:18:12.800] Brave New Books? [01:18:12.800 --> 01:18:19.800] Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul and G. Edward Griffin [01:18:19.800 --> 01:18:23.800] They even stock inner food, Berkey products and Calvin Soaps [01:18:23.800 --> 01:18:26.800] There's no way a place like that exists [01:18:26.800 --> 01:18:27.800] Go check it out for yourself [01:18:27.800 --> 01:18:31.800] It's downtown at 1904 Guadalupe Street just south of UT [01:18:31.800 --> 01:18:35.800] By UT? There's never anywhere to park down there [01:18:35.800 --> 01:18:42.800] Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore [01:18:42.800 --> 01:18:46.800] It does exist, but when are they open? [01:18:46.800 --> 01:18:51.800] Monday through Saturday, 11 AM to 9 PM and 1 to 6 PM on Sundays [01:18:51.800 --> 01:18:55.800] So get them a call at 512-480-2503 [01:18:55.800 --> 01:19:20.800] Or check out their events page at BraveNewBookstore.com [01:19:25.800 --> 01:19:54.800] Alright folks, we are back [01:19:54.800 --> 01:19:58.800] This is Rule of Law Radio, Eddie Craig for any company number Stevens [01:19:58.800 --> 01:20:02.800] 512-646-1984 is the call-in number [01:20:02.800 --> 01:20:07.800] Right now we have Hondo, Sheldon, Galen and Brendan on the line [01:20:07.800 --> 01:20:09.800] Let's go to Hondo [01:20:09.800 --> 01:20:11.800] Hondo, what's going on? [01:20:11.800 --> 01:20:15.800] Hey guys, lots going on [01:20:15.800 --> 01:20:19.800] I got arrested the other day and thrown in jail [01:20:19.800 --> 01:20:27.800] And what started was, I had a citation for motor vehicle inspection expired [01:20:27.800 --> 01:20:35.800] And the ticket sent me to the location that there was no magistrate [01:20:35.800 --> 01:20:42.800] And when I actually went to the location on the citation, there was no magistrate, there was no clerk, there was nobody [01:20:42.800 --> 01:20:47.800] This is a real, real small town in Hood County called Lipan [01:20:47.800 --> 01:20:54.800] And when I appeared, there was only a mayor there and he told me to come back [01:20:54.800 --> 01:21:03.800] And so I went ahead and left and at that point I just kind of thought, well you know, I've appeared, I'm just going to leave it at that [01:21:03.800 --> 01:21:06.800] Wait, wait, wait, wait, Hondo [01:21:06.800 --> 01:21:08.800] Mayor? [01:21:08.800 --> 01:21:10.800] There was a mayor [01:21:10.800 --> 01:21:12.800] The mayor was a magistrate [01:21:12.800 --> 01:21:16.800] Ah yes, but the mayor is an executive magistrate [01:21:16.800 --> 01:21:22.800] It doesn't matter what kind, there's no such thing as an executive magistrate, there are magistrates [01:21:22.800 --> 01:21:24.800] Well, but here's the problem [01:21:24.800 --> 01:21:27.800] He's a duly elected executive officer [01:21:27.800 --> 01:21:33.800] Division of powers doctrine, Article 2 specifically prohibits him from acting in a judicial process [01:21:33.800 --> 01:21:37.800] No, no, no, no, no, no, no, there is a special statute [01:21:37.800 --> 01:21:44.800] The statute specifically designates mayors as magistrates [01:21:44.800 --> 01:21:47.800] For the purpose of getting married, great [01:21:47.800 --> 01:21:52.800] No, no, no, no, no, married is just a benefit they give him [01:21:52.800 --> 01:21:57.800] The magistrate's duty is examining into the sufficiency of an allegation [01:21:57.800 --> 01:22:06.800] The mayor was a magistrate, if he failed to perform his duty, that's a duty from which he may not shield himself [01:22:06.800 --> 01:22:09.800] Okay, here's where Randy and I have a major issue [01:22:09.800 --> 01:22:17.800] I do not see a special statute overruling the Constitution, which says it cannot be done [01:22:17.800 --> 01:22:24.800] A special statute does not exist as a term to be used within the Texas Constitution [01:22:24.800 --> 01:22:30.800] granting any authority whatsoever to the legislature to bypass constitutional prohibitions [01:22:30.800 --> 01:22:36.800] including division and especially division of powers [01:22:36.800 --> 01:22:38.800] Okay [01:22:38.800 --> 01:22:49.800] Okay, the mayor is not a member of the executive, the legislative or the judiciary [01:22:49.800 --> 01:22:53.800] So there is no conflict here [01:22:53.800 --> 01:22:55.800] Then what kind of officer is he? [01:22:55.800 --> 01:22:57.800] He's an elected mayor [01:22:57.800 --> 01:23:01.800] What kind of officer does that make him if it's not [01:23:01.800 --> 01:23:09.800] He is not a part of the judiciary, the executive or the judicial [01:23:09.800 --> 01:23:11.800] He's not a part of any of those [01:23:11.800 --> 01:23:14.800] He's not an executive officer of the city [01:23:14.800 --> 01:23:18.800] A political subdivision of the state [01:23:18.800 --> 01:23:22.800] The city is not a political subdivision of the state [01:23:22.800 --> 01:23:25.800] It's a municipal corporation [01:23:25.800 --> 01:23:30.800] They say it, the statute says it's a political subdivision [01:23:30.800 --> 01:23:34.800] So cities and counties are political subdivisions [01:23:34.800 --> 01:23:41.800] The fact is a statute specifically designates a mayor as a magistrate [01:23:41.800 --> 01:23:50.800] Now you may not think that is right, but that is specifically what the statute says [01:23:50.800 --> 01:23:56.800] And you can't say the statute doesn't apply because I don't like it [01:23:56.800 --> 01:23:59.800] I didn't say it didn't apply, I said call it unconstitutional [01:23:59.800 --> 01:24:04.800] Who cares? Well until it is declared unconstitutional [01:24:04.800 --> 01:24:11.800] He is still a magistrate and he still has this duty [01:24:11.800 --> 01:24:14.800] So sue the mayor over that too, Hondo [01:24:14.800 --> 01:24:16.800] Well I'm planning on suing him [01:24:16.800 --> 01:24:17.800] That's exactly my point [01:24:17.800 --> 01:24:20.800] The mayor had a duty to hold an examining trial [01:24:20.800 --> 01:24:23.800] I don't care if he's never held one [01:24:23.800 --> 01:24:26.800] I don't care if he doesn't think he has to [01:24:26.800 --> 01:24:28.800] His problem not your problem [01:24:28.800 --> 01:24:35.800] Your problem is he is a magistrate, he had a duty, he didn't do it [01:24:35.800 --> 01:24:39.800] Did you have your recorder with you? [01:24:39.800 --> 01:24:42.800] Yes I did [01:24:42.800 --> 01:24:43.800] Were you using it? [01:24:43.800 --> 01:24:45.800] Yes [01:24:45.800 --> 01:24:48.800] So you can prove you showed up [01:24:48.800 --> 01:24:50.800] Right, right I can prove I showed up [01:24:50.800 --> 01:24:54.800] And everything that he told me and that he was the mayor and everything [01:24:54.800 --> 01:24:56.800] And where I was, everything like that [01:24:56.800 --> 01:25:02.800] Anyway so I left and then the clerk kept sending messages with some of my friends [01:25:02.800 --> 01:25:06.800] And sent me a letter saying I don't go pay my ticket there, it's going to go to warrant [01:25:06.800 --> 01:25:11.800] And so I went up there on Tuesday morning, this Tuesday morning [01:25:11.800 --> 01:25:15.800] And I went in there and explained to her what was going on [01:25:15.800 --> 01:25:19.800] I asked to see my file, I said there's no information, there's not a valid complaint, nothing [01:25:19.800 --> 01:25:23.800] And I said you can't ask me for a plea if you don't have your [01:25:23.800 --> 01:25:28.800] You know the whole, the spill, the thing that, the whole issue about all this [01:25:28.800 --> 01:25:32.800] And she just sat there and looked at me and I said where can I find this magistrate [01:25:32.800 --> 01:25:36.800] This deal and she said go to Granbury, which is a town down the road [01:25:36.800 --> 01:25:39.800] And I had, I have another ticket in Granbury [01:25:39.800 --> 01:25:41.800] So I thought well I got to go take care of that one anyway [01:25:41.800 --> 01:25:47.800] So I drove down to Granbury and talked to the clerk down there, same deal [01:25:47.800 --> 01:25:50.800] Wouldn't let me see the magistrate, magistrate wasn't there [01:25:50.800 --> 01:25:58.800] And anyway I was about to leave and the, there was a detective in there [01:25:58.800 --> 01:26:03.800] Two detectives, they walked up to me and asked me to see my ID [01:26:03.800 --> 01:26:08.800] And I asked them isn't it illegal for you to just walk up and ask me for my [01:26:08.800 --> 01:26:12.800] For my ID without arresting me first [01:26:12.800 --> 01:26:16.800] And he said he had information that I may have a warrant for my arrest [01:26:16.800 --> 01:26:18.800] I said let me see the warrant [01:26:18.800 --> 01:26:23.800] He said I don't have it but an officer's on his way to, and he might have a copy [01:26:23.800 --> 01:26:27.800] And I said I, and he told me he was, that I was being detained [01:26:27.800 --> 01:26:31.800] And he took me out of the middle of the city hall kind of off to the side [01:26:31.800 --> 01:26:35.800] And finally the officer got there and he said my fine was $184 [01:26:35.800 --> 01:26:37.800] And I could either pay it or go to jail [01:26:37.800 --> 01:26:39.800] And I said let me see the warrant and he said I don't have it [01:26:39.800 --> 01:26:43.800] I'll have to get a copy when we get to the jail [01:26:43.800 --> 01:26:46.800] Anyway they cuffed me, put me in the car, took me to jail [01:26:46.800 --> 01:26:49.800] I told him take me to the magistrate that issued the warrant [01:26:49.800 --> 01:26:51.800] Take me to the magistrate, any magistrate [01:26:51.800 --> 01:26:54.800] Don't take me to the jail, take me to the magistrate over and over [01:26:54.800 --> 01:26:58.800] Anyway, about halfway through the booking process [01:26:58.800 --> 01:27:00.800] I asked him why he didn't take me to the magistrate [01:27:00.800 --> 01:27:02.800] And if he could have taken me to the magistrate [01:27:02.800 --> 01:27:03.800] And he said yeah I could have [01:27:03.800 --> 01:27:04.800] I said why didn't you? [01:27:04.800 --> 01:27:06.800] And he said well I thought you just wanted to come to jail [01:27:06.800 --> 01:27:09.800] And I said no, I told you several times I wanted to see the magistrate [01:27:09.800 --> 01:27:14.800] And he said well we're already here so, you know, don't worry about it Mila [01:27:14.800 --> 01:27:18.800] So he went out of his way to violate the law [01:27:18.800 --> 01:27:23.800] Right, and finally he brought a copy of the warrant [01:27:23.800 --> 01:27:32.800] And it said on there that the violation was a expired motor vehicle inspection [01:27:32.800 --> 01:27:35.800] And he wouldn't let me keep a copy of it [01:27:35.800 --> 01:27:38.800] And I requested several times for a copy several times [01:27:38.800 --> 01:27:40.800] I still didn't get a copy [01:27:40.800 --> 01:27:45.800] And anyway the next morning we went to the arraignment room to see the magistrate [01:27:45.800 --> 01:27:49.800] And he read the warnings and forced me to plea [01:27:49.800 --> 01:27:51.800] He said if I didn't plea they'd throw me back in jail [01:27:51.800 --> 01:27:53.800] And I'd have to wait until the next day [01:27:53.800 --> 01:27:55.800] And so I pleaded not guilty [01:27:55.800 --> 01:28:00.800] And they doubled my fine to 360 or something dollars [01:28:00.800 --> 01:28:05.800] And they let me out, the magistrate told me to go take care of the ticket [01:28:05.800 --> 01:28:09.800] To go see the judge, take care of the ticket and life ban [01:28:09.800 --> 01:28:12.800] So I called up the life ban and they said no he's not, the judge is not here [01:28:12.800 --> 01:28:15.800] He's never here, he's in Granbury, nobody, he doesn't stay here [01:28:15.800 --> 01:28:17.800] He only comes here if there's a trial [01:28:17.800 --> 01:28:20.800] And I said well the magistrate this morning told me to go see him [01:28:20.800 --> 01:28:22.800] And the clerk said well that means me [01:28:22.800 --> 01:28:24.800] She said seeing me is the same as seeing the magistrate [01:28:24.800 --> 01:28:26.800] And I said no it's not, you're not a magistrate [01:28:26.800 --> 01:28:28.800] You can't do what the magistrate does [01:28:28.800 --> 01:28:30.800] Anyway she said look here's the deal [01:28:30.800 --> 01:28:33.800] If you don't come pay us $184 I'm going to issue a capious in the morning [01:28:33.800 --> 01:28:35.800] They're going to arrest you again and put you back in jail [01:28:35.800 --> 01:28:42.800] And I said okay, so anyway I can't go do anything [01:28:42.800 --> 01:28:44.800] Because I know they know me at the city hall [01:28:44.800 --> 01:28:45.800] They know me everywhere now [01:28:45.800 --> 01:28:48.800] And if I go anywhere to try to do anything without paying them first [01:28:48.800 --> 01:28:50.800] They're going to arrest me and throw me in jail [01:28:50.800 --> 01:28:51.800] I can't do anything while I'm in jail [01:28:51.800 --> 01:28:55.800] So should I just pay them the $184 and then proceed? [01:28:55.800 --> 01:28:59.800] No, the law is very clear on this [01:28:59.800 --> 01:29:03.800] Once you pay the fine it's a done deal [01:29:03.800 --> 01:29:08.800] The only thing that leaves you to do to get your money back is to sue them [01:29:08.800 --> 01:29:11.800] Because you will never get your day in court [01:29:11.800 --> 01:29:15.800] If they haven't taken you to court and convicted you [01:29:15.800 --> 01:29:18.800] They can't be demanding that you pay the fine [01:29:18.800 --> 01:29:22.800] Right, that's what I told her and she said well you're guilty until proven innocent [01:29:22.800 --> 01:29:23.800] And I said no I'm not [01:29:23.800 --> 01:29:25.800] And I said you cannot sue me [01:29:25.800 --> 01:29:26.800] Okay, okay, hold on, hold on [01:29:26.800 --> 01:29:27.800] This is Granberry [01:29:27.800 --> 01:29:30.800] Go to Cleburne [01:29:30.800 --> 01:29:33.800] No, you can't [01:29:33.800 --> 01:29:34.800] Go to, wait a minute, wait a minute [01:29:34.800 --> 01:29:37.800] Go to Cleburne, get to the district court [01:29:37.800 --> 01:29:42.800] And when we come back I'll tell you what to do to get their attention [01:29:42.800 --> 01:29:48.800] And probably the main thing you could do to get their attention is mention my name [01:29:48.800 --> 01:29:50.800] They know me everywhere now [01:29:50.800 --> 01:29:52.800] This is Randy Kelton, Deborah Stevens, Eddie Craig [01:29:52.800 --> 01:29:53.800] We love radio [01:29:53.800 --> 01:29:57.800] We'll be right back on the other side [01:29:57.800 --> 01:29:59.800] I lost my son [01:29:59.800 --> 01:30:00.800] My nephew [01:30:00.800 --> 01:30:01.800] My uncle [01:30:01.800 --> 01:30:02.800] My son [01:30:02.800 --> 01:30:03.800] On September 11, 2001 [01:30:03.800 --> 01:30:07.800] Most people don't know that a third tower fell on September 11 [01:30:07.800 --> 01:30:11.800] World Trade Center 7, a 47 story skyscraper was not hit by a plane [01:30:11.800 --> 01:30:15.800] Although the official explanation is that fire brought down Building 7 [01:30:15.800 --> 01:30:19.800] Over 1,200 architects and engineers have looked into the evidence [01:30:19.800 --> 01:30:21.800] And believe there is more to the story [01:30:21.800 --> 01:30:22.800] Bring justice to my son [01:30:22.800 --> 01:30:23.800] My uncle [01:30:23.800 --> 01:30:24.800] My nephew [01:30:24.800 --> 01:30:25.800] My son [01:30:25.800 --> 01:30:27.800] Building what? [01:30:27.800 --> 01:30:28.800] Why it fell? [01:30:28.800 --> 01:30:29.800] Why it matters? [01:30:29.800 --> 01:30:32.800] And what you can do [01:30:32.800 --> 01:30:34.800] Computer jargon can be confusing [01:30:34.800 --> 01:30:36.800] Take SSL encryption [01:30:36.800 --> 01:30:37.800] You may have heard the term [01:30:37.800 --> 01:30:42.800] But did you know that using it could save you thousands of dollars and your privacy? [01:30:42.800 --> 01:30:43.800] I'm Dr. Catherine Albrecht [01:30:43.800 --> 01:30:45.800] And I'll be back to tell you more in just a moment [01:30:45.800 --> 01:30:47.800] Privacy is under attack [01:30:47.800 --> 01:30:51.800] When you give up data about yourself you'll never get it back again [01:30:51.800 --> 01:30:55.800] Once your privacy is gone you'll find your freedoms will start to vanish too [01:30:55.800 --> 01:30:57.800] So protect your rights [01:30:57.800 --> 01:31:01.800] Say no to surveillance and keep your information to yourself [01:31:01.800 --> 01:31:03.800] Privacy, it's worth hanging on to [01:31:03.800 --> 01:31:07.800] This public service announcement is brought to you by Startpage.com [01:31:07.800 --> 01:31:11.800] The private search engine alternative to Google, Yahoo and Bin [01:31:11.800 --> 01:31:14.800] Start over with Startpage [01:31:14.800 --> 01:31:17.800] SSL is short for Secure Sockets Layer [01:31:17.800 --> 01:31:20.800] A way to transmit information securely over the Internet [01:31:20.800 --> 01:31:23.800] Hackers can eavesdrop on your wireless Internet connections [01:31:23.800 --> 01:31:26.800] But all they'll pick up is a gobbledygook when you use SSL [01:31:26.800 --> 01:31:28.800] That's why it's so important to you [01:31:28.800 --> 01:31:36.800] You can tell you're protected with SSL when the Internet address in your browser window shows HTTPS not just HTTP [01:31:36.800 --> 01:31:38.800] The S is for Secure [01:31:38.800 --> 01:31:42.800] In addition, a little yellow padlock pops up at the bottom of your computer screen [01:31:42.800 --> 01:31:49.800] You should always look for that padlock symbol before paying for purchases over the Internet or typing in a user name and password [01:31:49.800 --> 01:31:54.800] I'm Dr. Katharine Albrecht, more news and information at KatharineAlbrecht.com [01:32:01.800 --> 01:32:04.800] Yeah, who you want to chip? Who you take me for? Free Tolly? [01:32:04.800 --> 01:32:07.800] Who you want to chip? I'm not free, Tolly [01:32:07.800 --> 01:32:10.800] You can't chip me, I'm the fact [01:32:10.800 --> 01:32:13.800] Don't let them chip you in the morning, chip you in the evening [01:32:13.800 --> 01:32:15.800] Put that chip in your body [01:32:15.800 --> 01:32:17.800] And then when you go computer reading [01:32:17.800 --> 01:32:22.800] Okay, this is Randy Kelton, WCW in the great radio [01:32:22.800 --> 01:32:26.800] We went out, we were talking about Cleburne [01:32:26.800 --> 01:32:30.800] And I happen to have a little experience with Cleburne [01:32:30.800 --> 01:32:37.800] If you will go to the, to, you talk about Granbury [01:32:37.800 --> 01:32:42.800] If you'll go over to Cleburne, that's where the district court is [01:32:42.800 --> 01:32:48.800] And bring criminal complaints against the clerk [01:32:48.800 --> 01:32:55.800] And go to, find out, call the district clerk in Cleburne [01:32:55.800 --> 01:33:00.800] If it's still old Lloyd, Lloyd will remember me real well [01:33:00.800 --> 01:33:11.800] Ask who was the last judge, who was the judge that in, that convened the last grand jury [01:33:11.800 --> 01:33:14.800] And they'll tell you because they don't have a problem with that [01:33:14.800 --> 01:33:18.800] And then you hang up, you say thank you very much and hang up [01:33:18.800 --> 01:33:27.800] And then you call back and ask for the clerk, the district judge's clerk [01:33:27.800 --> 01:33:30.800] Now clerk is kind of a relative term [01:33:30.800 --> 01:33:33.800] You have a county clerk and a district clerk [01:33:33.800 --> 01:33:36.800] But each judge has their own clerk [01:33:36.800 --> 01:33:39.800] And that clerk keeps their calendar [01:33:39.800 --> 01:33:42.800] So you ask for the district judge's clerk [01:33:42.800 --> 01:33:46.800] And when you get to the clerk, you ask the judge, the clerk [01:33:46.800 --> 01:33:50.800] When does the grand jury next meet? [01:33:50.800 --> 01:33:56.800] And generally they're pretty open about telling you that [01:33:56.800 --> 01:34:02.800] And then come back down to the, to Cleburne when the grand jury is scheduled to meet [01:34:02.800 --> 01:34:08.800] And go to the district attorney's office and ask for Lisa Wyatt [01:34:08.800 --> 01:34:11.800] Lisa Wyatt's an assistant district attorney [01:34:11.800 --> 01:34:16.800] And tell her that Randy Kelton said I should come here and talk to you [01:34:16.800 --> 01:34:22.800] About filing my criminal complaints with the grand jury [01:34:22.800 --> 01:34:25.800] It's a very good chance they'll send you right to the grand jury [01:34:25.800 --> 01:34:28.800] With your criminal complaints against the district clerk [01:34:28.800 --> 01:34:31.800] Or the county clerk or whichever clerk [01:34:31.800 --> 01:34:34.800] I'm sorry, you were talking about a municipal issue [01:34:34.800 --> 01:34:41.800] Whichever court clerk that you dealt with [01:34:41.800 --> 01:34:46.800] Good chance they'll send you right to the grand jury [01:34:46.800 --> 01:34:52.800] I really worked over at Johnson County, Cleburne, I mean Grandbury's in Johnson County [01:34:52.800 --> 01:34:56.800] And I really worked him over [01:34:56.800 --> 01:35:00.800] Now whether you get to the grand jury or not [01:35:00.800 --> 01:35:10.800] The chances are they'll dismiss your case just to keep you from presenting your complaints to the grand jury [01:35:10.800 --> 01:35:17.800] Does that sound like fun or what? [01:35:17.800 --> 01:35:24.800] In Johnson County they know me really well [01:35:24.800 --> 01:35:28.800] I hammered them big time [01:35:28.800 --> 01:35:32.800] So that's probably the best strategy [01:35:32.800 --> 01:35:39.800] Just make anything that the clerk did that's inappropriate [01:35:39.800 --> 01:35:42.800] Where the clerk refused to allow you [01:35:42.800 --> 01:35:47.800] Where the clerk claimed that she could act in the place of a magistrate [01:35:47.800 --> 01:35:52.800] Charge the clerk with impersonating a public official [01:35:52.800 --> 01:35:59.800] Take it down on the day when the grand jury is scheduled to meet [01:35:59.800 --> 01:36:07.800] And what you do is, is you wail in righteous indignation [01:36:07.800 --> 01:36:13.800] Now frankly you don't care if you get in front of the grand jury or not [01:36:13.800 --> 01:36:19.800] Because I can assure you if you make criminal accusations against the clerk [01:36:19.800 --> 01:36:24.800] For these issues the grand jury won't indict it [01:36:24.800 --> 01:36:32.800] It's better if you go down and just make grand jury noises [01:36:32.800 --> 01:36:38.800] And if you start making grand jury noises and they send someone out to talk to you [01:36:38.800 --> 01:36:44.800] From the district attorney's office, ask for Lisa Wyatt [01:36:44.800 --> 01:36:52.800] And you tell them that Randy Kelton said I was supposed to talk to Lisa Wyatt [01:36:52.800 --> 01:36:57.800] And that will be big time fair warning to them [01:36:57.800 --> 01:37:04.800] I personally presented the Johnson County district attorney to the grand jury [01:37:04.800 --> 01:37:07.800] In Johnson County [01:37:07.800 --> 01:37:13.800] And I subsequently had a friend of mine come down there to present criminal charges against a judge [01:37:13.800 --> 01:37:17.800] He was one of the sheriff's deputies into Bayless [01:37:17.800 --> 01:37:21.800] And he was on the phone to me when they were jerking him around [01:37:21.800 --> 01:37:23.800] He called me to ask me what to do [01:37:23.800 --> 01:37:25.800] And I'm telling him what to do [01:37:25.800 --> 01:37:27.800] About the third time he called [01:37:27.800 --> 01:37:32.800] I heard someone in the background say is Randy Kelton in the building? [01:37:32.800 --> 01:37:38.800] And Steve who was calling me said no he's not in the building but he's on the phone [01:37:38.800 --> 01:37:40.800] Do you want to talk to him? [01:37:40.800 --> 01:37:43.800] I asked Lisa Wyatt, assistant district attorney [01:37:43.800 --> 01:37:46.800] And she said no [01:37:46.800 --> 01:37:52.800] Five minutes later he was sent in to the grand jury to present his complaints [01:37:52.800 --> 01:37:57.800] They stepped back, got out of the way and let him present his complaints [01:37:57.800 --> 01:38:02.800] So if you go to Johnson County, Cleburne [01:38:02.800 --> 01:38:05.800] With criminal complaints against a clerk [01:38:05.800 --> 01:38:11.800] Ask for Lisa Wyatt and tell her that I sent you to her [01:38:11.800 --> 01:38:14.800] And you want to file these complaints with the grand jury [01:38:14.800 --> 01:38:18.800] She'll assure you she'll give them to the grand jury [01:38:18.800 --> 01:38:21.800] You tell her no, not good enough [01:38:21.800 --> 01:38:24.800] I want to give them to the grand jury myself [01:38:24.800 --> 01:38:28.800] I don't trust you [01:38:28.800 --> 01:38:32.800] That is politics [01:38:32.800 --> 01:38:36.800] I keep trying to convince people that you're not going to win the law [01:38:36.800 --> 01:38:39.800] When your issue is based on law [01:38:39.800 --> 01:38:43.800] You're going to win it based on politics [01:38:43.800 --> 01:38:47.800] And in Johnson County this will get you a lot of political pressure [01:38:47.800 --> 01:38:55.800] Because the district attorney of Johnson County does not want me coming back down there [01:38:55.800 --> 01:39:01.800] I have dirt on him that will put him in prison for a very long time [01:39:01.800 --> 01:39:05.800] I don't think he knows it [01:39:05.800 --> 01:39:10.800] He was arrested in Dallas for possession of cocaine [01:39:10.800 --> 01:39:16.800] And he was arrested and put in jail [01:39:16.800 --> 01:39:22.800] And subsequently everything disappeared [01:39:22.800 --> 01:39:29.800] His problem is I know about it [01:39:29.800 --> 01:39:32.800] And I didn't pursue it [01:39:32.800 --> 01:39:37.800] Because I would most likely lose in the end [01:39:37.800 --> 01:39:41.800] It's a lot more powerful if I can hold it over his head [01:39:41.800 --> 01:39:44.800] So if you go down there with these accusations [01:39:44.800 --> 01:39:49.800] A good chance you can get the district attorney to call this magistrate [01:39:49.800 --> 01:39:53.800] And tell him you guys better do something [01:39:53.800 --> 01:39:57.800] Make this go away [01:39:57.800 --> 01:40:00.800] Everything is political [01:40:00.800 --> 01:40:03.800] We may object to it, we may not feel it's right [01:40:03.800 --> 01:40:07.800] But in the end, Ted Magnuson is right [01:40:07.800 --> 01:40:10.800] Everything is political [01:40:10.800 --> 01:40:16.800] So that's my position on the issue [01:40:16.800 --> 01:40:20.800] Do you have any more comments or questions? [01:40:20.800 --> 01:40:23.800] We have a whole lot of callers [01:40:23.800 --> 01:40:27.800] Yeah, one more quick thing [01:40:27.800 --> 01:40:32.800] Texas transportation code 543 [01:40:32.800 --> 01:40:34.800] I can't remember exactly [01:40:34.800 --> 01:40:37.800] But anyway it says that when the officer issues a citation [01:40:37.800 --> 01:40:42.800] They cannot set your date for any earlier than 10 days before the date they issue the citation [01:40:42.800 --> 01:40:49.800] Unless the person arrested requests an earlier hearing [01:40:49.800 --> 01:40:54.800] 543.006 [01:40:54.800 --> 01:40:57.800] Yes, that's right [01:40:57.800 --> 01:40:59.800] So now what I do [01:40:59.800 --> 01:41:02.800] Because every time they'll put a date on there [01:41:02.800 --> 01:41:05.800] And then they'll say anytime R before [01:41:05.800 --> 01:41:08.800] And go in there, the magistrate either isn't there [01:41:08.800 --> 01:41:11.800] They won't let you see him, whatever [01:41:11.800 --> 01:41:22.800] 543.005 authorizes the officer to arrest [01:41:22.800 --> 01:41:27.800] And release you on a promise to appear [01:41:27.800 --> 01:41:34.800] 543.006 says that they must [01:41:34.800 --> 01:41:41.800] Any specific statute [01:41:41.800 --> 01:41:42.800] 543.006 says [01:41:42.800 --> 01:41:44.800] Yeah, time and place of appearance [01:41:44.800 --> 01:41:48.800] Notice to appear must be at least 10 days after the date of arrest [01:41:48.800 --> 01:41:51.800] Unless the person arrested demands an earlier hearing [01:41:51.800 --> 01:41:53.800] Yeah, that's [01:41:53.800 --> 01:41:55.800] Is that 006 or 006? [01:41:55.800 --> 01:41:57.800] That's 006 and subsection B [01:41:57.800 --> 01:42:00.800] The place specified in the notice to appear must be [01:42:00.800 --> 01:42:05.800] Before a magistrate having jurisdiction of the offense who is in the municipality or county [01:42:05.800 --> 01:42:08.800] In which the offense is alleged to have been committed [01:42:08.800 --> 01:42:09.800] Exactly [01:42:09.800 --> 01:42:12.800] I was just going to say that [01:42:12.800 --> 01:42:16.800] If they refuse to give you an earlier date [01:42:16.800 --> 01:42:21.800] Then a violation of that code is misconduct in office or something like that, right? [01:42:21.800 --> 01:42:22.800] That's correct [01:42:22.800 --> 01:42:27.800] If a public official acting under the color of his authority [01:42:27.800 --> 01:42:33.800] Violates a law relating to his office and in the process denies you the full and free access to or enjoyment of the right [01:42:33.800 --> 01:42:37.800] That's designated as official oppression [01:42:37.800 --> 01:42:40.800] 39.03 penal code [01:42:40.800 --> 01:42:45.800] And you can charge him with misconduct in office under 543.008 [01:42:45.800 --> 01:42:48.800] Yes [01:42:48.800 --> 01:42:49.800] That's what I was wondering [01:42:49.800 --> 01:42:51.800] No, no, no, no, it's 005 [01:42:51.800 --> 01:42:52.800] No, it's 008 [01:42:52.800 --> 01:42:55.800] Violation by officer is 008 [01:42:55.800 --> 01:43:00.800] Oh, okay, okay, public officer different than public official [01:43:00.800 --> 01:43:03.800] And him refusing to set an earlier date [01:43:03.800 --> 01:43:08.800] An earlier hearing time and date is that is a violation [01:43:08.800 --> 01:43:10.800] Well, now wait [01:43:10.800 --> 01:43:12.800] The officer doesn't set the hearing date [01:43:12.800 --> 01:43:16.800] The officer is the officer that issued the citation and arrest you [01:43:16.800 --> 01:43:18.800] It's not the magistrate [01:43:18.800 --> 01:43:23.800] Yeah, he tells you to appear on it before a certain date [01:43:23.800 --> 01:43:29.800] He should have told you to appear on this date at this time [01:43:29.800 --> 01:43:33.800] And some jurisdictions actually do that [01:43:33.800 --> 01:43:39.800] And that's perfect because it establishes precedence as to how it should be done [01:43:39.800 --> 01:43:43.800] So if he didn't do that, then he violated the act [01:43:43.800 --> 01:43:49.800] And 543.008 says he's subject to removal from office [01:43:49.800 --> 01:43:53.800] We'll get you back to that on the other side [01:43:53.800 --> 01:43:56.800] Randy Cowell, Deborah Stevens, Eddie Craig, Root of Law Radio [01:43:56.800 --> 01:43:59.800] We'll be right back on the other side [01:43:59.800 --> 01:44:06.800] More energy, stronger immune power, improved sense of well-being [01:44:06.800 --> 01:44:10.800] How many supplements have you heard boast of these benefits? 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[01:45:03.800 --> 01:45:06.800] Win your case without an attorney with Jurisdictionary [01:45:06.800 --> 01:45:10.800] The affordable, easy-to-understand 4-CD course [01:45:10.800 --> 01:45:14.800] That will show you how in 24 hours, step-by-step [01:45:14.800 --> 01:45:18.800] If you have a lawyer, know what your lawyer should be doing [01:45:18.800 --> 01:45:22.800] If you don't have a lawyer, know what you should do for yourself [01:45:22.800 --> 01:45:25.800] Thousands have won with our step-by-step course [01:45:25.800 --> 01:45:27.800] And now you can too [01:45:27.800 --> 01:45:30.800] Jurisdictionary was created by a licensed attorney [01:45:30.800 --> 01:45:33.800] With 22 years of case-winning experience [01:45:33.800 --> 01:45:35.800] Even if you're not in a lawsuit [01:45:35.800 --> 01:45:40.800] You can learn what everyone should understand about the principles and practices [01:45:40.800 --> 01:45:42.800] That control our American courts [01:45:42.800 --> 01:45:46.800] You'll receive our audio classroom, video seminar, tutorials [01:45:46.800 --> 01:45:51.800] Forms for civil cases, pro se tactics, and much more [01:45:51.800 --> 01:45:55.800] Please visit RuleOfLawRadio.com and click on the banner [01:45:55.800 --> 01:46:05.800] Or call toll-free 866-LAW-EZ [01:46:25.800 --> 01:46:30.800] I don't understand something I realize fully [01:46:30.800 --> 01:46:35.800] Somebody's gonna police that policeman [01:46:35.800 --> 01:46:39.800] Somebody's gonna police the bully [01:46:39.800 --> 01:46:44.800] There's always a room at the top of the hill [01:46:44.800 --> 01:46:48.800] Here through the grapevine and it's lonely left too [01:46:48.800 --> 01:46:52.800] They're wishing it was more an opposition to bill [01:46:52.800 --> 01:46:56.800] They know that if they don't do it, somebody will [01:46:56.800 --> 01:47:04.800] I don't understand something I realize fully [01:47:04.800 --> 01:47:09.800] Somebody's gonna police that policeman [01:47:09.800 --> 01:47:13.800] Somebody's gonna police the bully [01:47:13.800 --> 01:47:18.800] I know they will, yeah, they're gonna put the bill [01:47:18.800 --> 01:47:22.800] I don't understand something I realize fully [01:47:22.800 --> 01:47:26.800] Somebody's gonna police that policeman [01:47:26.800 --> 01:47:30.800] Somebody's gonna police the bully [01:47:30.800 --> 01:47:34.800] There's always a room at the top of the hill [01:47:34.800 --> 01:47:38.800] Here through the grapevine and it's lonely left too [01:47:38.800 --> 01:47:42.800] They're wishing it was more an opposition to bill [01:47:42.800 --> 01:47:46.800] They know that if they don't do it, somebody will [01:47:46.800 --> 01:47:50.800] I don't understand something I realize fully [01:47:50.800 --> 01:47:54.800] Somebody's gonna police that policeman [01:47:54.800 --> 01:47:58.800] Somebody's gonna police the bully [01:47:58.800 --> 01:48:02.800] There's always a room at the top of the hill [01:48:02.800 --> 01:48:06.800] Here through the grapevine and it's lonely left too [01:48:06.800 --> 01:48:10.800] They know that if they don't do it, somebody will [01:48:10.800 --> 01:48:14.800] I don't understand something I realize fully [01:48:14.800 --> 01:48:18.800] We have Sheldon from Connecticut [01:48:18.800 --> 01:48:23.800] Sheldon, do you have a question or comment for us? [01:48:23.800 --> 01:48:27.800] Sorry, it's Brendan, but can you hear me? [01:48:27.800 --> 01:48:31.800] Oh, I'm sorry, I was seeing Sheldon from the one below [01:48:31.800 --> 01:48:35.800] Sheldon from South Carolina, my apologies [01:48:35.800 --> 01:48:37.800] Okay, I'm sorry, Brandon [01:48:37.800 --> 01:48:41.800] That's fine, okay, so I'm going to court tomorrow [01:48:41.800 --> 01:48:45.800] for a cell phone graphic violation [01:48:45.800 --> 01:48:48.800] And what happened was, here's a quick snapshot [01:48:48.800 --> 01:48:51.800] So I get the citation from the state trooper [01:48:51.800 --> 01:48:54.800] I get a letter and then I request a trial [01:48:54.800 --> 01:48:58.800] So then I get a letter saying to go to court [01:48:58.800 --> 01:49:02.800] for an appearance or a meeting with the state attorney [01:49:02.800 --> 01:49:04.800] And it's written by the... [01:49:04.800 --> 01:49:06.800] Oh, whoa, hold on [01:49:06.800 --> 01:49:07.800] Yes [01:49:07.800 --> 01:49:15.800] In Texas, we have a statute in the Code of Criminal Procedure [01:49:15.800 --> 01:49:20.800] that authorizes the judge to order you to come to court [01:49:20.800 --> 01:49:26.800] And it lists the things he may order you to come to court for [01:49:26.800 --> 01:49:32.800] To meet with the prosecuting attorney is not one of them [01:49:32.800 --> 01:49:37.800] And I can absolutely guarantee you that in Connecticut [01:49:37.800 --> 01:49:41.800] there is no statute that allows the judge to order you to come to court [01:49:41.800 --> 01:49:45.800] to meet with the prosecuting attorney [01:49:45.800 --> 01:49:48.800] That's an abusive process [01:49:48.800 --> 01:49:50.800] Yeah, and it gets even worse than that [01:49:50.800 --> 01:49:53.800] because I went and met with the state's attorney [01:49:53.800 --> 01:49:55.800] So I'll look into that, but I'm going to court tomorrow [01:49:55.800 --> 01:50:00.800] So when I went to meet with the state's attorney [01:50:00.800 --> 01:50:02.800] that's when he kind of offers you a deal [01:50:02.800 --> 01:50:04.800] I just said, I want to go to court [01:50:04.800 --> 01:50:06.800] And he was kind of shocked [01:50:06.800 --> 01:50:09.800] So anyways, he scheduled a court date for me [01:50:09.800 --> 01:50:15.800] But I never got anything in the mail as far as a summons [01:50:15.800 --> 01:50:17.800] The only thing that I got was a post-it note from him [01:50:17.800 --> 01:50:21.800] that said the date on it, January 28 [01:50:21.800 --> 01:50:23.800] So I just waited to get something in the mail [01:50:23.800 --> 01:50:27.800] But I never actually got a summons [01:50:27.800 --> 01:50:32.800] And when I met with him, that wasn't actually a trial [01:50:32.800 --> 01:50:38.800] So my question is, did he summon me to court incorrectly [01:50:38.800 --> 01:50:43.800] by giving me a post-it note with no complaint, no dates, no... [01:50:43.800 --> 01:50:46.800] A post-it note? [01:50:46.800 --> 01:50:49.800] Okay, the last time I was summoned to court [01:50:49.800 --> 01:50:53.800] or the time before last [01:50:53.800 --> 01:50:55.800] I went before the judge and I said, Your Honor [01:50:55.800 --> 01:50:57.800] I was summoned here to court [01:50:57.800 --> 01:51:01.800] but I have 28.01 Code of Criminal Procedure here [01:51:01.800 --> 01:51:04.800] and it lists all the things you can summon me to court for [01:51:04.800 --> 01:51:06.800] I'm sorry, I was summoned to court [01:51:06.800 --> 01:51:09.800] First thing I said is, Your Honor, I have the summons here [01:51:09.800 --> 01:51:15.800] and it orders me to be in court on this day at this time [01:51:15.800 --> 01:51:17.800] But it doesn't tell me why [01:51:17.800 --> 01:51:20.800] You want to tell me why I'm here? [01:51:20.800 --> 01:51:22.800] And the judge said, well, Mr. Kelton [01:51:22.800 --> 01:51:28.800] we needed to determine whether or not you had an attorney [01:51:28.800 --> 01:51:30.800] Well, that's interesting, Your Honor [01:51:30.800 --> 01:51:33.800] I have 28.01 Code of Criminal Procedure here [01:51:33.800 --> 01:51:38.800] and it lists all of the things you can order me to come to court for [01:51:38.800 --> 01:51:43.800] And if you look in your criminal procedure code [01:51:43.800 --> 01:51:48.800] the judge can't just order you to come to court because he wants to [01:51:48.800 --> 01:51:50.800] He has to have authority [01:51:50.800 --> 01:51:53.800] And there will be a statute in there that gives him authority [01:51:53.800 --> 01:51:56.800] And in Texas, it says he can order me to come to court [01:51:56.800 --> 01:51:58.800] for all of these different reasons [01:51:58.800 --> 01:52:04.800] and every one of them has to do with motion hearings except one [01:52:04.800 --> 01:52:16.800] And that's for a, what's the term, Eddie, the first appearance [01:52:16.800 --> 01:52:20.800] Magistration or the incriminating trial [01:52:20.800 --> 01:52:23.800] No, no, no, no, no, no [01:52:23.800 --> 01:52:27.800] Arraignment [01:52:27.800 --> 01:52:30.800] Determine your identity and ask for your plea [01:52:30.800 --> 01:52:32.800] He can do that [01:52:32.800 --> 01:52:37.800] Everything else goes to some kind of motion [01:52:37.800 --> 01:52:42.800] So I said, Your Honor, there's all these things you can order me to come to court for [01:52:42.800 --> 01:52:47.800] to determine if I have an attorney, if not one of them [01:52:47.800 --> 01:52:52.800] When they summon you to court, they have to tell you why [01:52:52.800 --> 01:52:56.800] Because you have to be able to prepare for the hearing [01:52:56.800 --> 01:53:01.800] If you got a summons and it didn't tell you why you were summoned [01:53:01.800 --> 01:53:03.800] you have no way of preparing [01:53:03.800 --> 01:53:06.800] I need a complaint [01:53:06.800 --> 01:53:11.800] So I need a complaint that says why I'm being brought to court [01:53:11.800 --> 01:53:18.800] And like I said, what I got was a post-it note from the state's attorney [01:53:18.800 --> 01:53:23.800] in a dirty look saying, I go to court on the 28th [01:53:23.800 --> 01:53:29.800] So in other words, I got a letter from the clerk saying go see the state's attorney [01:53:29.800 --> 01:53:32.800] or we're going to put out a warrant for you [01:53:32.800 --> 01:53:37.800] Went to go see him, met with him, didn't negotiate anything, said I want to go to court [01:53:37.800 --> 01:53:42.800] The only thing that I got from him was a post-it note and that's it [01:53:42.800 --> 01:53:45.800] Okay, so let me understand [01:53:45.800 --> 01:53:51.800] You were ordered to the court to meet with the prosecuting attorney? [01:53:51.800 --> 01:53:53.800] Yes [01:53:53.800 --> 01:53:59.800] You should file a complaint against the judge, a criminal complaint [01:53:59.800 --> 01:54:03.800] for abuse of process [01:54:03.800 --> 01:54:10.800] I can assure you there is nothing in law that authorizes a judge [01:54:10.800 --> 01:54:14.800] to order you to come to court to meet with the prosecutor [01:54:14.800 --> 01:54:21.800] When I am accused of a criminal act, I don't talk to the prosecutor, period [01:54:21.800 --> 01:54:25.800] He's the bad guy, I don't talk to the bad guy [01:54:25.800 --> 01:54:29.800] The only one I talk to is the court [01:54:29.800 --> 01:54:34.800] When you come into court, never speak to the prosecutor [01:54:34.800 --> 01:54:38.800] He's the bad guy, only speak to the court [01:54:38.800 --> 01:54:44.800] If the prosecutor asks you a question of debt, I'm not on the stand [01:54:44.800 --> 01:54:53.800] I'm not to be cross-examined by this chump telling to quit badgering me [01:54:53.800 --> 01:55:02.800] It says that the general statutes of Connecticut 51, 164R say that you have to report to a court appearance [01:55:02.800 --> 01:55:08.800] But I think what they're doing is they're confusing a meeting with the state's attorney as a court appearance [01:55:08.800 --> 01:55:12.800] That is not a court appearance [01:55:12.800 --> 01:55:17.800] You're appearing before the attorney, not before the court [01:55:17.800 --> 01:55:23.800] Yep, which is a negotiation, not a trial [01:55:23.800 --> 01:55:27.800] Right, and I don't talk to prosecutors, period [01:55:27.800 --> 01:55:32.800] Yeah, and he kind of got that impression, he was kind of shocked that I actually wanted to go to court [01:55:32.800 --> 01:55:38.800] But my question is, if I go there with a post-it note, could I go and see what I thought it was [01:55:38.800 --> 01:55:48.800] What I thought it was, it was a civil trial, so I went to civil procedure and then I looked at the process [01:55:48.800 --> 01:55:53.800] So in other words, if I was to sue you, I would have to go and get a writ of summons [01:55:53.800 --> 01:55:58.800] Which describes the parties, the dates, and a complaint [01:55:58.800 --> 01:56:00.800] Is that what they failed to do? [01:56:00.800 --> 01:56:04.800] Wait a minute, the prosecutor sent you a post-it note? [01:56:04.800 --> 01:56:09.800] The state's attorney, instead of sending me a letter [01:56:09.800 --> 01:56:19.800] I would accuse him of a simulating a legal process [01:56:19.800 --> 01:56:21.800] Simulating a legal process? [01:56:21.800 --> 01:56:29.800] Yes, simulating a legal process, he sends you a post-it note ordering you to come to court [01:56:29.800 --> 01:56:32.800] A post-it note is not a legal process [01:56:32.800 --> 01:56:35.800] A summons is a legal process [01:56:35.800 --> 01:56:39.800] Well the problem is also the state's attorney can't send you that summons [01:56:39.800 --> 01:56:41.800] He must petition the court to do it, no he can't [01:56:41.800 --> 01:56:44.800] The code says he must petition the court [01:56:44.800 --> 01:56:49.800] The court is the one who has to send it and they can only do it upon the request of the attorney for the state [01:56:49.800 --> 01:56:51.800] Okay, here's what the courts have said [01:56:51.800 --> 01:56:55.800] We will allow you to issue summons [01:56:55.800 --> 01:56:59.800] But the summons carry no judicial authority [01:56:59.800 --> 01:57:06.800] If the person fails to respond to the summons then you can come to the court [01:57:06.800 --> 01:57:13.800] And the court will issue an order commanding that you obey the summons [01:57:13.800 --> 01:57:18.800] So when you get down to the municipal courts [01:57:18.800 --> 01:57:23.800] They kind of blur some of the rules [01:57:23.800 --> 01:57:29.800] They say if the prosecutor orders you to come to court and you don't come to court they just issue a warrant [01:57:29.800 --> 01:57:35.800] Well the prosecutor has no power to summon you [01:57:35.800 --> 01:57:43.800] Now he can send you a summons but if you don't respond to it then the court has to issue an order [01:57:43.800 --> 01:57:47.800] And they try to step over that requirement [01:57:47.800 --> 01:57:58.800] And that's why I was saying a post-it note you can claim is a impersonator [01:57:58.800 --> 01:58:01.800] What's the term? [01:58:01.800 --> 01:58:03.800] Simulating a legal process [01:58:03.800 --> 01:58:05.800] Simulating a legal process [01:58:05.800 --> 01:58:12.800] So motion to dispense simulating a legal process show the post-it note, everyone laughs at him [01:58:12.800 --> 01:58:15.800] Exactly, that will make him look like a moron [01:58:15.800 --> 01:58:17.800] Yeah, hey thanks a lot everybody [01:58:17.800 --> 01:58:20.800] Not a far step but you know [01:58:20.800 --> 01:58:23.800] Okay, I apologize for losing terms [01:58:23.800 --> 01:58:25.800] My mother tells me that's not going to get better [01:58:25.800 --> 01:58:30.800] This is Randy Kelton, Deborah Stevens, Eddie Craig, Rule of Law Radio [01:58:30.800 --> 01:58:35.800] We'll be back tomorrow night with our four hour info marathon [01:58:35.800 --> 01:58:40.800] So if you have some questions or comments be sure to call us in [01:58:40.800 --> 01:58:48.800] And thank you all for your solicitation and listening to us and giving us your time [01:58:48.800 --> 01:58:51.800] We appreciate it more than you know [01:58:51.800 --> 01:59:14.800] We'll be back tomorrow, thank you for listening [01:59:21.800 --> 01:59:24.800] If you are a Chucky, Chucky [01:59:24.800 --> 01:59:29.800] Somebody chop from me this [01:59:29.800 --> 01:59:31.800] I'm like a stepping razor [01:59:31.800 --> 01:59:33.800] Don't watch my sides [01:59:33.800 --> 01:59:36.800] I'm dangerous, I'm dangerous [01:59:36.800 --> 01:59:38.800] I'm like a stepping razor [01:59:38.800 --> 01:59:40.800] Don't watch my sides [01:59:40.800 --> 01:59:43.800] I'm dangerous, dangerous [01:59:43.800 --> 01:59:51.800] If you eat that bone, it's a dream, it's good [01:59:51.800 --> 01:59:54.800] It's a dream, let's lose [01:59:54.800 --> 02:00:14.800] It's a dream, let's lose