[00:00.000 --> 00:04.520]  This news brief brought to you by the International Newsnet.
[00:04.520 --> 00:09.640]  Right-sgroup Avaaz said Thursday almost 3,000 people have gone missing in Syria since the
[00:09.640 --> 00:14.360]  start of the uprising against President Bashar al-Assad four months ago.
[00:14.360 --> 00:16.440]  Rick and Patel of Avaaz said,
[00:16.440 --> 00:21.720]  Peaceful protesters are plucked from crowds by Syria's infamously brutal security forces
[00:21.720 --> 00:23.520]  never to be seen again.
[00:23.520 --> 00:28.560]  Syrian activists say more than 1,600 people have been killed.
[00:28.560 --> 00:34.280]  The head of the Libyan rebels armed forces and two aides were killed by gunmen Thursday,
[00:34.280 --> 00:39.880]  creating a power vacuum at the top of the opposition military hierarchy and raising questions
[00:39.880 --> 00:41.800]  about who was responsible.
[00:41.800 --> 00:47.120]  Abdel Fattah Yuniz was killed after being summoned to the rebel capital of Benghazi to
[00:47.120 --> 00:49.720]  appear before a judicial inquiry.
[00:49.720 --> 00:55.680]  Yuniz was to be questioned about possible ties to Mamar Qadhafi's regime.
[00:55.680 --> 01:00.960]  British lawmakers said Friday in News Corporation's Deputy Chief Operating Officer James Murdoch
[01:00.960 --> 01:05.920]  would likely be recalled to clarify details about evidence on phone hacking he gave to
[01:05.920 --> 01:07.440]  a parliamentary committee.
[01:07.440 --> 01:10.200]  Following claims his testimony was mistaken.
[01:10.200 --> 01:15.160]  Tom Crone, News International's former top legal officer and Colin Myler, former editor
[01:15.160 --> 01:19.680]  of the News of the World, have disputed Murdoch's evidence.
[01:19.680 --> 01:25.040]  The Obama administration next week begins talks with Saudi Arabia over a civil nuclear
[01:25.040 --> 01:31.920]  trade agreement, a so-called 123 agreement named for the section of the 1954 Atomic Energy
[01:31.920 --> 01:37.720]  Act that governs international nuclear packs, could offer Saudi Arabia access to advanced
[01:37.720 --> 01:41.640]  U.S. nuclear energy technologies, materials and know-how.
[01:41.640 --> 01:47.000]  Global Security Newswire reports the administration is weighing the possibility of initiating
[01:47.000 --> 01:52.320]  formal negotiations without demanding Riyadh except non-proliferation pledges.
[01:52.320 --> 01:57.720]  Critics say Riyadh could exploit U.S. atomic materials and expertise to develop its own
[01:57.720 --> 01:59.280]  nuclear weapons.
[01:59.280 --> 02:04.960]  Prince Turkey Al-Faisal, a former Saudi ambassador to the U.S., said last month his nation would
[02:04.960 --> 02:09.400]  develop nuclear weapons if neighboring Iran ever acquired them.
[02:09.400 --> 02:14.600]  Tehran is suspected of engaging in efforts to develop nuclear arms, though like Saudi
[02:14.600 --> 02:21.000]  Arabia it insists its program is dedicated to peaceful power generation.
[02:21.000 --> 02:24.360]  Meeting members of the Palestinian Popular Committees in the West Bank are planning
[02:24.360 --> 02:29.920]  massive civil unrest and disobedience against Israeli occupation come September when the
[02:29.920 --> 02:35.080]  Palestinians take their case for statehood to the U.N. Israeli security forces meanwhile
[02:35.080 --> 02:37.440]  have been preparing for massive clashes.
[02:37.440 --> 02:42.520]  Apart from marches and protests, the Palestinian Popular Committees are working with grassroots
[02:42.520 --> 02:47.840]  organizations around the world, including boycott, divestment and sanctioned campaigners, who
[02:47.840 --> 02:54.840]  will hold parallel protests and marches while calling for a boycott of Israeli products.
[03:17.840 --> 03:32.440]  Bad boys, what you want, what you want, what you're going to do, when every son and
[03:32.440 --> 03:48.440]  daughter come for you, tell me what you want to do, what you're going to do, bad boys,
[03:48.440 --> 03:49.440]  bad boys.
[03:49.440 --> 03:50.440]  Alright folks, good evening.
[03:50.440 --> 03:52.520]  This is Rule of Law Radio with Randy Kelton, Eddie Craig, Deborah Stevens.
[03:52.520 --> 03:55.400]  This is our Friday night four hour marathon.
[03:55.400 --> 03:59.880]  It is July 29th, 2011.
[03:59.880 --> 04:05.080]  This is our long night, so after we get done with our original presentation this evening,
[04:05.080 --> 04:08.720]  please feel free to get in line to get on the phones if you have any questions, issues
[04:08.720 --> 04:11.000]  or commentary.
[04:11.000 --> 04:14.440]  I have been working for the last two weeks solid.
[04:14.440 --> 04:20.800]  In fact, my sleep deprivation is directly related to an update to a motion in the seminar
[04:20.800 --> 04:26.720]  material for the prosecutor to show their authority to prosecute a municipal court.
[04:26.720 --> 04:32.000]  Now, what I'd like to do is kind of go over the parts of this that we're dealing with
[04:32.000 --> 04:38.240]  when we go into a municipal court and the prosecutor is a city attorney.
[04:38.240 --> 04:44.560]  Let me kind of explain how the little process works, the way they're doing it.
[04:44.560 --> 04:51.040]  The way they're doing it is a city prosecutor, now get this, a city prosecutor by law is
[04:51.040 --> 04:55.440]  defined as a corporate prosecutor.
[04:55.440 --> 05:02.960]  He is either an employee or a contractor to the corporation known as the municipality.
[05:02.960 --> 05:11.520]  Okay, municipalities in Texas, unless there's some other legal way of defining them, are
[05:11.520 --> 05:19.640]  public corporations just like the state bar is a public corporation.
[05:19.640 --> 05:22.640]  It's defined that way right in statute.
[05:22.640 --> 05:32.800]  Now, these corporate, these public corporations are also categorized as political subdivisions
[05:32.800 --> 05:34.640]  of the state.
[05:34.640 --> 05:42.680]  So counties and municipalities are political subdivisions of the state, but they do not
[05:42.680 --> 05:51.440]  wield the power of a state office or a state official for that matter.
[05:51.440 --> 05:57.920]  They're covered by some of the same immunities, but they do not have the authority to wield
[05:57.920 --> 06:07.560]  the power of a state public office, unless their office is specifically created by the
[06:07.560 --> 06:15.200]  Constitution or is legislatively created in an area where the legislature is granted
[06:15.200 --> 06:22.240]  by a Constitution, the power and authority to create that office as a state office.
[06:22.240 --> 06:29.880]  Now, that being said, what they're doing is they have taken the legislature in Article
[06:29.880 --> 06:36.160]  5 of the Texas Constitution for the judicial functions, was granted the power of creating
[06:36.160 --> 06:46.800]  courts lower than the level of county court and assigning them a jurisdictional ability
[06:46.800 --> 06:49.440]  or venue.
[06:49.440 --> 06:55.520]  They've also been granted the power that in a location that has both a county and district
[06:55.520 --> 07:02.000]  attorney, the Constitution allows the legislature to set the duties for the county or district
[07:02.000 --> 07:04.680]  attorney by law.
[07:04.680 --> 07:10.400]  Now, the duties is separate from the office.
[07:10.400 --> 07:18.240]  They are the power and authority that exists under the power and authority of the office,
[07:18.240 --> 07:22.200]  what they can do within the office.
[07:22.200 --> 07:24.920]  Everybody understand the distinction here.
[07:24.920 --> 07:32.640]  The ability to do something is not directly related to the existence of the office just
[07:32.640 --> 07:35.320]  for the purpose of the doing.
[07:35.320 --> 07:42.040]  The office has to be filled by someone that's qualified both constitutionally and legally
[07:42.040 --> 07:48.840]  if there is a provision in the Constitution to allow the legislature to create certain
[07:48.840 --> 07:55.520]  abilities of the office as a matter of law, meaning the Constitution didn't define it
[07:55.520 --> 08:00.560]  or specifically said this is the authority, the legislature can make the rules governing
[08:00.560 --> 08:05.200]  how this authority is put into place and acted upon.
[08:05.200 --> 08:14.080]  So given that, what we're dealing with is Article 5, Section 21, the basis for establishing
[08:14.080 --> 08:19.440]  the prosecutorial power of the state of Texas.
[08:19.440 --> 08:27.560]  Article 5, Section 21 specifically creates the criminal prosecutorial power of the state
[08:27.560 --> 08:35.720]  in two public offices, the county attorney and the district attorney.
[08:35.720 --> 08:45.480]  They are the only two public offices specified in Article 5, Section 21 of the Texas Constitution.
[08:45.480 --> 08:52.040]  In that article, they are the only offices proclaimed to have the authority to act as
[08:52.040 --> 08:55.640]  an attorney for the state.
[08:55.640 --> 09:01.200]  Now, the argument that I'm using in this is twofold.
[09:01.200 --> 09:10.680]  One, the person acting in the constitutionally defined capacity of attorney for the state
[09:10.680 --> 09:18.520]  is the person that lawfully holds one of these two elected offices.
[09:18.520 --> 09:24.400]  Now remember, a city attorney is not elected.
[09:24.400 --> 09:30.760]  They're appointed or they're privately contracted, all right?
[09:30.760 --> 09:37.680]  But in Article 5, Section 21, the two that are given the authority to act with state
[09:37.680 --> 09:45.040]  prosecutorial power are elected offices and no other.
[09:45.040 --> 09:52.760]  Now, this is created, of course, under Article 5, which is the constitutional article that
[09:52.760 --> 09:59.240]  governs the judicial department of Texas government, all right?
[09:59.240 --> 10:09.040]  Now, there is also the fallacy in existence that the attorney general has prosecutorial
[10:09.040 --> 10:10.760]  powers.
[10:10.760 --> 10:14.160]  I can't find anywhere that's authorized.
[10:14.160 --> 10:21.200]  The attorney general's office is created in Article 4 of the Texas Constitution, which
[10:21.200 --> 10:26.560]  is the executive department of Texas government.
[10:26.560 --> 10:31.840]  There is one place where it is, and I'll get to that, and I'll do that in just a second.
[10:31.840 --> 10:35.760]  Okay, if you're going to get to it, open records, I'll butt out.
[10:35.760 --> 10:38.600]  Well, here's the thing.
[10:38.600 --> 10:45.880]  According to the Texas Constitution, the attorney general's power to represent the state in
[10:45.880 --> 10:51.800]  any capacity whatsoever exists in only two ways.
[10:51.800 --> 10:57.120]  The first is to try cases in the state supreme court.
[10:57.120 --> 11:01.120]  The state supreme court does not have criminal jurisdiction.
[11:01.120 --> 11:04.200]  It is civil only.
[11:04.200 --> 11:11.640]  So the attorney general's office can represent the state in a civil capacity at the United
[11:11.640 --> 11:16.160]  States or the Texas Supreme Court level.
[11:16.160 --> 11:24.720]  The other is that he is given specific constitutional authority to act as legal counsel on behalf
[11:24.720 --> 11:32.400]  of a public official that is being sued in a civil capacity.
[11:32.400 --> 11:38.520]  That is the only authority granted to the attorney general's office to represent the
[11:38.520 --> 11:40.640]  state in any way.
[11:40.640 --> 11:43.120]  Wait, wait, wait, there's one more.
[11:43.120 --> 11:45.520]  In the Constitution or in statute?
[11:45.520 --> 11:46.720]  Statute.
[11:46.720 --> 11:48.000]  That's the problem, Randy.
[11:48.000 --> 11:50.120]  It's in statute.
[11:50.120 --> 11:52.520]  That's exactly the problem.
[11:52.520 --> 11:58.640]  The legislature cannot give a power authority to the constitutional office.
[11:58.640 --> 12:00.960]  The Constitution didn't allow them to have.
[12:00.960 --> 12:10.600]  Okay, this is kind of a gray area because in 552 government code, it is the process
[12:10.600 --> 12:19.400]  is the attorney general who the one who administers the open records act, who is given specific
[12:19.400 --> 12:26.520]  prosecutorial authority in the case of an accusation against the public official for
[12:26.520 --> 12:28.840]  a violation of that act.
[12:28.840 --> 12:38.040]  And that's a generally an statute that only a public official can violate.
[12:38.040 --> 12:45.160]  That may be true, okay, but the problem is, is that is a legislative grant of power.
[12:45.160 --> 12:52.160]  The Constitution does not recognize, nor does it give any authority to the legislature
[12:52.160 --> 12:54.720]  to create it.
[12:54.720 --> 12:59.280]  That's the problem, interesting.
[12:59.280 --> 13:07.840]  Now, when you go up and you do a search for attorney general under article four, this
[13:07.840 --> 13:09.920]  is exactly what you see.
[13:09.920 --> 13:15.960]  Section one, very first paragraph in the Texas Constitution under article four.
[13:15.960 --> 13:19.160]  Officers constituting the executive department.
[13:19.160 --> 13:25.720]  So there is no question the office of attorney general is an executive office.
[13:25.720 --> 13:31.520]  Randy, would you agree or disagree that the prosecution of a criminal case may only be
[13:31.520 --> 13:39.520]  conducted by someone with a bar card?
[13:39.520 --> 13:43.800]  I can't necessarily say that if you're going to, if the attorney general doesn't have to
[13:43.800 --> 13:45.440]  have a bar card.
[13:45.440 --> 13:50.560]  I'm saying it's not a matter of he doesn't have to, I'm saying it is constitutionally
[13:50.560 --> 13:52.400]  impossible for him to.
[13:52.400 --> 13:58.000]  Well, I don't know that it's a constitutional requirement.
[13:58.000 --> 14:04.840]  It's only statutory, it's not in the Constitution that they have to have a bar card or a license
[14:04.840 --> 14:06.400]  for that matter.
[14:06.400 --> 14:09.120]  That's just created by statute.
[14:09.120 --> 14:11.680]  But here's the problem.
[14:11.680 --> 14:14.840]  The executive department, these are the officers.
[14:14.840 --> 14:19.720]  The executive department of the state shall consist of a governor who shall be the chief
[14:19.720 --> 14:26.840]  executive officer of the state, a lieutenant governor, a secretary of state, comptroller
[14:26.840 --> 14:34.360]  of public accounts, commissioner of the general land office and attorney general.
[14:34.360 --> 14:43.120]  Now seeing as how the attorney general is an executive department officer, we now have
[14:43.120 --> 14:48.280]  to take a quick look at the state bar act, which was enacted in 1939, which clearly says
[14:48.280 --> 14:55.960]  in chapter 81 of the government code, the state bar is created as an administrative
[14:55.960 --> 15:01.800]  office of the judicial department of government.
[15:01.800 --> 15:09.840]  Now since it's created as a judicial office, if you are a bar card carrying officer of
[15:09.840 --> 15:18.760]  the court, then you are exercising the power and authority of the judicial branch.
[15:18.760 --> 15:27.480]  Article two, the Texas Constitution, separation of powers specifically forbids any person
[15:27.480 --> 15:34.080]  or persons of one department of government from exercising the power and authority of
[15:34.080 --> 15:40.840]  any member of any other department.
[15:40.840 --> 15:42.440]  I like it.
[15:42.440 --> 15:51.720]  The attorney general, by default, must surrender his bar card if he intends to serve as attorney
[15:51.720 --> 15:53.160]  general.
[15:53.160 --> 15:58.440]  The same thing would apply to governor.
[15:58.440 --> 16:04.720]  It would apply to any executive or legislative member of government.
[16:04.720 --> 16:12.600]  Every attorney operating in the Texas legislature is doing so in violation of article two.
[16:12.600 --> 16:19.000]  If they have not surrendered the bar card, then they have a conflict of interest creating
[16:19.000 --> 16:31.640]  laws or executing laws that have a specific interest in their chosen career field.
[16:31.640 --> 16:35.520]  So that's one problem, but we'll get back to this on the other side.
[16:35.520 --> 16:40.520]  All right, folks, this is rule of law radio 512-646 is the call-in number.
[16:40.520 --> 16:45.000]  I do have a little ways to go on this, so the phones have not been turned on yet.
[16:45.000 --> 16:46.960]  I will let you know when we're going to do that.
[16:46.960 --> 16:51.000]  This is Eddie Craig, Randy Kelton, Deborah Stevens, rule of law radio.
[16:51.000 --> 17:01.680]  We will be right back on the other side of this break.
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[19:23.040 --> 19:41.080]  Hi, folks, we are back, rule of law radio, Andy Kelton, Eddie Craig, Ever Stevens.
[19:41.080 --> 19:46.560]  This is our Friday night four-hour marathon, so we will be taking your calls here shortly.
[19:46.560 --> 19:51.560]  Right now, I wish to go over some of these updates that I'm doing to this motion in the
[19:51.560 --> 19:57.400]  seminar material regarding the ability of a corporate, meaning a municipal city attorney
[19:57.400 --> 20:03.400]  to represent the state for the purpose of prosecuting cases in that court.
[20:03.400 --> 20:12.400]  Now, what we're talking about at the moment is the power of the attorney general to do
[20:12.400 --> 20:13.400]  anything.
[20:13.400 --> 20:21.480]  Now, when we look at what's going on in the executive department, okay?
[20:21.480 --> 20:31.080]  There's only one other place where the attorney general is given any authority to act, and
[20:31.080 --> 20:38.200]  that is in a prosecutorial function, and that is section 22 of article four.
[20:38.200 --> 20:39.400]  This is how it reads.
[20:39.400 --> 20:42.040]  It's titled Attorney General.
[20:42.040 --> 20:47.880]  The attorney general shall represent the state in all suits and pleas in the Supreme Court
[20:47.880 --> 20:53.640]  of the State in which the state may be a party and shall especially inquire into the Charters
[20:53.640 --> 21:01.000]  of Charter Rights of all private corporations and from time to time in the name of the state,
[21:01.000 --> 21:07.840]  take such action in the courts as may be proper and necessary to prevent any private corporation
[21:07.840 --> 21:14.680]  from exercising any power or demanding or collecting any species of taxes, tolls, freight
[21:14.680 --> 21:18.280]  or wharfage not authorized by law.
[21:18.280 --> 21:24.640]  He shall, whenever sufficient cause exists, seek a judicial forfeiture of such Charters
[21:24.640 --> 21:30.960]  unless otherwise expressly directed by law and give legal advice in writing to the governor
[21:30.960 --> 21:38.080]  and other executive officers when requested by them and perform such other duties as may
[21:38.080 --> 21:39.920]  be required by law.
[21:39.920 --> 21:48.160]  Now, that's their catch-off for what you're talking about, Randy, okay, however, my argument
[21:48.160 --> 21:59.440]  in this is, is it says perform such other duties, such other duties as, well, but it
[21:59.440 --> 22:06.600]  just gave us a list of the specific duties and these are, when sufficient cause exists,
[22:06.600 --> 22:13.240]  seek a judicial forfeiture of such Charters unless otherwise expressly directed by law
[22:13.240 --> 22:18.480]  and give legal advice in writing to the governor and other executive officers when requested
[22:18.480 --> 22:25.320]  by them and perform such other duties as may be required by law.
[22:25.320 --> 22:27.680]  There's two ways that that can be read.
[22:27.680 --> 22:34.380]  Yeah, he can do anything required by law or he can only do what is consistent with the
[22:34.380 --> 22:35.880]  previously listed duties.
[22:35.880 --> 22:47.240]  Well, the fact would be that any legal requirement for him to do a certain thing, if that requirement
[22:47.240 --> 22:52.800]  breached a law, then it would be of no force and effect.
[22:52.800 --> 23:02.520]  So we could argue that, although the Open Records Act appears to give the Attorney General
[23:02.520 --> 23:12.320]  a prosecutorial authority in as much as it is in violation of Constitution, it is void
[23:12.320 --> 23:14.440]  in of no force and effect.
[23:14.440 --> 23:15.800]  Correct.
[23:15.800 --> 23:20.880]  But by the same token, that would mean the Attorney General's office cannot act for
[23:20.880 --> 23:29.760]  the purposes of child support because it is completely outside of their authority.
[23:29.760 --> 23:34.720]  And where are they granted that authority in statute?
[23:34.720 --> 23:38.640]  It would have to be in the family code.
[23:38.640 --> 23:45.360]  I haven't read through the whole family code, but I certainly have never saw that.
[23:45.360 --> 23:49.040]  Well the State Attorney General's office, there's one right in my hometown.
[23:49.040 --> 23:51.920]  In fact, I have to go buy it off.
[23:51.920 --> 23:54.560]  I know they do it.
[23:54.560 --> 23:57.840]  That wasn't my concern.
[23:57.840 --> 24:00.560]  What my concern was was their authority to do it.
[24:00.560 --> 24:06.440]  It's just like the Department of Public Safety enforcing the criminal laws, they specifically
[24:06.440 --> 24:15.040]  are restricted from doing that, except under certain circumstances wherein they are acting
[24:15.040 --> 24:19.920]  at the direction of and in support of local law enforcement.
[24:19.920 --> 24:23.040]  They do whatever they want to, it doesn't make it legal, and that's what I was getting
[24:23.040 --> 24:24.440]  at here.
[24:24.440 --> 24:30.640]  Because the Attorney General is doing something, where is he given power in authority to do
[24:30.640 --> 24:31.640]  it?
[24:31.640 --> 24:37.440]  Well, that would be exactly right, because what I can see here is it doesn't exist.
[24:37.440 --> 24:43.960]  There's nothing in the Constitution granting that office any type of power to go against
[24:43.960 --> 24:49.560]  the people of Texas, absolutely none.
[24:49.560 --> 24:56.680]  These duties are to go against corporations and to represent the state in lawsuits.
[24:56.680 --> 25:00.680]  That's it.
[25:00.680 --> 25:05.440]  Now if I haven't got to go through all the Constitution looking for references, but I
[25:05.440 --> 25:10.400]  can tell you this, I searched all of the Texas Constitution.
[25:10.400 --> 25:15.400]  There are only five articles in which the Attorney General is mentioned.
[25:15.400 --> 25:21.320]  Article three in the legislative department, article four in the executive, article seven
[25:21.320 --> 25:27.960]  under education, article fifteen under impeachment, and article seventeen, motive amending the
[25:27.960 --> 25:30.720]  Constitution of this state.
[25:30.720 --> 25:33.920]  That's it, okay?
[25:33.920 --> 25:36.440]  That is all there is.
[25:36.440 --> 25:44.880]  So again, where are they pretending to get this authority to the legislature now?
[25:44.880 --> 25:51.360]  There is the legislature pretending that they were granted the power to expand the constitutional
[25:51.360 --> 25:55.840]  authority of the Attorney General's office.
[25:55.840 --> 26:03.040]  The reason I'm on Attorney General is because that office is addressed in 2.07 of the Code
[26:03.040 --> 26:09.240]  of Criminal Procedure regarding an attorney pro temp, and that is one of the major arguments
[26:09.240 --> 26:16.240]  in this document is because in the Code of Criminal Procedure, they tried to grant criminal
[26:16.240 --> 26:21.320]  prosecutorial powers to the Attorney General's office.
[26:21.320 --> 26:26.400]  He must, he cannot execute criminal actions.
[26:26.400 --> 26:30.160]  He can't do it.
[26:30.160 --> 26:33.160]  There's nothing in the Constitution that allows him to do it.
[26:33.160 --> 26:37.000]  I hope Russell Mortland is listening.
[26:37.000 --> 26:41.960]  Now, let me get back into this motion here for just a minute and we'll cover again why
[26:41.960 --> 26:46.160]  this is important in regards to a city attorney.
[26:46.160 --> 26:51.080]  When you go through article five looking at everything that's done to create the office
[26:51.080 --> 26:58.480]  of county and district attorneys, there is no mention of corporate attorneys or city
[26:58.480 --> 27:02.440]  attorneys, none whatsoever.
[27:02.440 --> 27:07.560]  There is no authority in the Constitution to delegate the power of either of those two
[27:07.560 --> 27:13.960]  elected offices to an unelected corporate attorney.
[27:13.960 --> 27:17.560]  Now get this, remember where city attorneys come from.
[27:17.560 --> 27:24.360]  We have tons of Texas case law that says unequivocally that the city has the right to
[27:24.360 --> 27:28.840]  acquire legal counsel by any means they desire.
[27:28.840 --> 27:34.600]  They can hire them permanently, they can contract with a private firm, they can do all of these
[27:34.600 --> 27:38.600]  things to get legal counsel for the city.
[27:38.600 --> 27:40.080]  But guess what?
[27:40.080 --> 27:47.040]  I can hire legal counsel as a human being to help me, but I can't grant him prosecutorial
[27:47.040 --> 27:50.720]  authority in the courts of the state.
[27:50.720 --> 27:55.520]  I can't send him out to act as a prosecutor.
[27:55.520 --> 27:57.560]  So where does the corporation get it?
[27:57.560 --> 28:04.640]  Well I'll tell you, the legislature, once again in their infinite stupidity, passed
[28:04.640 --> 28:09.800]  45.201 of the Code of Criminal Procedure.
[28:09.800 --> 28:15.280]  All prosecutions in a municipal court shall be conducted by the city attorney.
[28:15.280 --> 28:19.720]  Well again, slight problem.
[28:19.720 --> 28:25.760]  The legislature within the Texas Constitution was given the power and authority to create
[28:25.760 --> 28:32.600]  inferior courts, inferior meaning below the level of county, and assigning that court
[28:32.600 --> 28:38.160]  jurisdiction of whatever magnitude they desired.
[28:38.160 --> 28:45.120]  But let me make sure you understand that there is a clear distinction upon the judicial
[28:45.120 --> 28:54.160]  abilities and jurisdiction of a court as opposed to the prosecutorial authority of those acting
[28:54.160 --> 29:02.000]  in that court, completely different things with the exception of the magistrate.
[29:02.000 --> 29:11.880]  Whatever judicial authority and jurisdiction is given to that court is by necessity imparted
[29:11.880 --> 29:16.440]  to whatever the presiding magistrate is or isn't.
[29:16.440 --> 29:21.720]  So if the court has criminal jurisdiction, so does the person that's allowed to sit
[29:21.720 --> 29:24.560]  in it, okay?
[29:24.560 --> 29:28.600]  That's a given, not arguing that point at all.
[29:28.600 --> 29:35.280]  What we're arguing here is who has the power to represent the state to perform a criminal
[29:35.280 --> 29:40.240]  prosecution, and that's where we're going to go on the other side of this when we get
[29:40.240 --> 29:41.240]  back from this break.
[29:41.240 --> 29:47.640]  Alright folks, this is Rule of Law Radio, this is Eddie Craig, Randy Kelton, Deborah Stevens,
[29:47.640 --> 29:52.920]  this is our Friday night for our marathon, if you have a question or issue, after we
[29:52.920 --> 29:58.640]  open the phone lines, give us a call, and meantime, stay tuned, we will be right back.
[29:58.640 --> 30:01.400]  I lost my son.
[30:01.400 --> 30:02.400]  My uncle.
[30:02.400 --> 30:03.400]  My uncle.
[30:03.400 --> 30:04.680]  On September 11th, 2001.
[30:04.680 --> 30:08.240]  Most people don't know that a third tower fell on September 11th.
[30:08.240 --> 30:12.360]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[30:12.360 --> 30:18.200]  Although the official explanation is that fire brought down Building 7, over 1,200 architects
[30:18.200 --> 30:21.960]  and engineers have looked into the evidence, and believe there is more to the story.
[30:21.960 --> 30:28.120]  Bring justice to my son, my uncle, my nephew, my son, go to building what.org, why it fell,
[30:28.120 --> 30:32.040]  why it matters, and what you can do.
[30:32.040 --> 30:36.480]  Businesses ask you for a lot of personal information, and you may trust them to keep it safe, but
[30:36.480 --> 30:41.440]  it turns out that even the most trusted companies may be unwittingly revealing your secrets.
[30:41.440 --> 30:46.080]  I'm Dr. Catherine Albrecht, and I'll be right back with details.
[30:46.080 --> 30:47.680]  Privacy is under attack.
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[30:51.280 --> 30:56.040]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:56.040 --> 31:01.160]  So protect your rights, say no to surveillance, and keep your information to yourself.
[31:01.160 --> 31:03.800]  Privacy, it's worth hanging on to.
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[31:31.360 --> 31:33.760]  breached by hackers in the last year.
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[31:51.320 --> 31:53.240]  I'm Dr. Catherine Albrecht.
[31:53.240 --> 32:07.800]  Her news and information at CatherineAlbrecht.com Yeah, I got the warrant, and I'm going to
[32:07.800 --> 32:15.200]  solve them to the head of government then, prosecute them, okay.
[32:15.200 --> 32:20.960]  All right folks, we are back.
[32:20.960 --> 32:22.960]  This is Rue LeBlanc Radio.
[32:22.960 --> 32:27.000]  I am one of your hosts, Eddie Craig, Randy Kelton is here with me.
[32:27.000 --> 32:31.360]  Debra Stevens has the night off, she's got some work she's got to finish up.
[32:31.360 --> 32:33.640]  Now this is our four hour Friday.
[32:33.640 --> 32:39.840]  Right now I am going into some information regarding the ability, alleged ability, of
[32:39.840 --> 32:46.200]  a city attorney to prosecute criminal cases in the municipal courts of Texas.
[32:46.200 --> 32:57.040]  Now one of the key issues here is this legislative enactment that created 45.201 of the Code
[32:57.040 --> 33:02.040]  of Criminal Procedure specifically requiring that all prosecutions in a municipal court
[33:02.040 --> 33:05.880]  be conducted by the city attorney.
[33:05.880 --> 33:08.880]  Well the problem is this.
[33:08.880 --> 33:13.520]  The first thing is if you've ever had one of these cases and you've ever looked at
[33:13.520 --> 33:19.120]  a criminal complaint, Randy you can argue with me over this if you can find cause to,
[33:19.120 --> 33:28.560]  but every criminal prosecution must be initiated by signed and verified complaint and the start
[33:28.560 --> 33:32.000]  of that complaint must state what?
[33:32.000 --> 33:37.760]  It must state in and by the authority, in the name and by the authority of the state
[33:37.760 --> 33:39.240]  of Texas.
[33:39.240 --> 33:46.200]  Yes, by statute all complaints must run in the name of the state.
[33:46.200 --> 33:51.560]  Therefore this is a prosecution being conducted by the state.
[33:51.560 --> 33:53.560]  You agree or disagree?
[33:53.560 --> 33:54.560]  I agree.
[33:54.560 --> 33:59.680]  Okay, now it must also conclude with what?
[33:59.680 --> 34:08.000]  According to what we have, against the peace and dignity of the state.
[34:08.000 --> 34:18.880]  So it must be an offense against the state or someone that the state has the responsibility
[34:18.880 --> 34:21.840]  of protecting.
[34:21.840 --> 34:27.560]  You're saying not an offense against some corporation.
[34:27.560 --> 34:29.920]  Correct.
[34:29.920 --> 34:40.240]  Now how in the world would Penn's or Quaker State's attorneys act as a prosecutor?
[34:40.240 --> 34:45.600]  How would McDonald's attorneys act as a prosecutor?
[34:45.600 --> 34:51.240]  Where would they possibly get authority as corporations for any of their legal counsel
[34:51.240 --> 34:59.800]  to assume the authority of the state and prosecute an individual?
[34:59.800 --> 35:02.280]  And that authority.
[35:02.280 --> 35:05.080]  They can't do it.
[35:05.080 --> 35:08.040]  So how does a municipal corporation do it?
[35:08.040 --> 35:13.160]  Well the legislature tried to give them that authority by law.
[35:13.160 --> 35:19.960]  But the Constitution only gave them the power to create the court.
[35:19.960 --> 35:25.600]  It did not give them the power to create the prosecutor.
[35:25.600 --> 35:33.520]  Nowhere in the Texas Constitution is the legislature giving any of that power to create a prosecutor.
[35:33.520 --> 35:40.440]  The Constitution already did that with the county and district attorneys.
[35:40.440 --> 35:44.880]  Okay, so wrap your mind around that.
[35:44.880 --> 35:52.920]  It specifically states in Article 5, Section 21, that these two offices are the only ones
[35:52.920 --> 36:05.120]  that may act with the prosecutorial power of the state as attorney for the state.
[36:05.120 --> 36:12.160]  And it says right in that article that the county attorney is the officer that must prosecute
[36:12.160 --> 36:22.800]  in all cases in district court and below within his county unless there is a district
[36:22.800 --> 36:29.920]  attorney in which case his power is relegated to the prosecutions within the county court
[36:29.920 --> 36:34.720]  and below.
[36:34.720 --> 36:38.080]  Now what's below the level of county court people?
[36:38.080 --> 36:41.960]  What are the inferior courts to the county court?
[36:41.960 --> 36:46.840]  There aren't but three.
[36:46.840 --> 36:53.640]  There is the justice court, there is the municipal court, and there is the constitutional county
[36:53.640 --> 37:00.760]  court that is presided over by the elected county judge.
[37:00.760 --> 37:08.480]  And in that court the judge does not have to be an attorney.
[37:08.480 --> 37:15.240]  In a justice court they do not have to be an attorney.
[37:15.240 --> 37:20.520]  In a municipal court they do not have to be an attorney unless it's a municipal court
[37:20.520 --> 37:22.200]  of record.
[37:22.200 --> 37:28.440]  Then by law they must be an attorney.
[37:28.440 --> 37:35.040]  But those three courts are the only ones that are inferior to the county court.
[37:35.040 --> 37:40.800]  So if the county attorney is to prosecute all cases below the level of district court
[37:40.800 --> 37:47.680]  and the inferior courts of the county, who else is supposed to be representing the state?
[37:47.680 --> 37:50.600]  The county attorney.
[37:50.600 --> 37:57.680]  The legislature cannot change that fact by legislative fiat.
[37:57.680 --> 38:03.200]  They can't give that power to a corporate attorney because it violates Article 5, Section
[38:03.200 --> 38:04.360]  21.
[38:04.360 --> 38:07.320]  But wait, there's more.
[38:07.320 --> 38:13.520]  When you go into the Code of Criminal Procedure, this argument developed originally over one
[38:13.520 --> 38:18.680]  particular thing, charging instruments.
[38:18.680 --> 38:25.600]  Who has the power and authority to create a constitutionally proper charging instrument?
[38:25.600 --> 38:31.440]  And if you don't know what that is, check out Article 5, Section 12b.
[38:31.440 --> 38:38.600]  The Constitution says that it is an indictment or information that vests the court with jurisdiction
[38:38.600 --> 38:39.600]  of the cause.
[38:39.600 --> 38:42.360]  It doesn't specify anything else.
[38:42.360 --> 38:51.880]  Does not ever anywhere in the Constitution say a complaint is a valid charging instrument?
[38:51.880 --> 38:54.680]  Here's how we argue that point.
[38:54.680 --> 39:01.400]  The Texas courts have ruled time and time again a complaint is not required to have
[39:01.400 --> 39:08.400]  all of the elements necessary to be alleged and proven in court.
[39:08.400 --> 39:11.960]  We got tons of case law that says that.
[39:11.960 --> 39:19.320]  The complaint does not have to contain all of the elements required to be proven.
[39:19.320 --> 39:27.600]  Okay, however, Chapter 20 of the Code of Criminal Procedure says specifically that an indictment
[39:27.600 --> 39:36.480]  or information must contain everything that is required to be proved at trial or it's
[39:36.480 --> 39:40.360]  not sufficient as a charging instrument.
[39:40.360 --> 39:48.480]  Well, jeez Louise people, if the criminal complaint is not required to have all of the
[39:48.480 --> 39:54.720]  things that must be proven, but an indictment or information as a proper charging instrument
[39:54.720 --> 40:00.880]  must have everything that must be proven, then we're in the world to these idiotic
[40:00.880 --> 40:07.080]  judges get the idea that a complaint is sufficient as a charging instrument.
[40:07.080 --> 40:13.840]  Just exactly how in the name of heaven is that going to happen?
[40:13.840 --> 40:22.800]  So the argument becomes the complaint itself is not proper notice, nor is it sufficient
[40:22.800 --> 40:24.960]  as a charging instrument.
[40:24.960 --> 40:32.360]  One, it's not listed in the Constitution as a charging instrument and two, it's not
[40:32.360 --> 40:40.960]  required to properly notify the accused of all the necessary elements that must be proven.
[40:40.960 --> 40:47.360]  So on its face, the argument that it's valid as a charging instrument and a prosecution
[40:47.360 --> 40:54.080]  and a municipal or justice court can be conducted strictly upon a complaint is bogus.
[40:54.080 --> 40:56.200]  It's without merit.
[40:56.200 --> 41:00.120]  It is disingenuous.
[41:00.120 --> 41:07.400]  It is the argument of a fool who hasn't read other controlling aspects of the Constitution
[41:07.400 --> 41:11.560]  and the laws of this state.
[41:11.560 --> 41:16.280]  They've taken their one little part and used it to convince themselves that they were
[41:16.280 --> 41:19.160]  right when they rendered their decisions.
[41:19.160 --> 41:24.320]  And I go through the old cases, the municipal courts and the justice courts and the courts
[41:24.320 --> 41:29.920]  of appeal rely on a case called X Parquet Greenwood.
[41:29.920 --> 41:32.920]  It's from 1957.
[41:32.920 --> 41:39.640]  That was the original case where the moronic judge in charge said that a prosecutor or
[41:39.640 --> 41:45.680]  a complaint is all that's required to commence the prosecution in the municipal court.
[41:45.680 --> 41:53.040]  This flash, dude, a complaint is required to commit the prosecution in any freaking court,
[41:53.040 --> 41:55.880]  civil or criminal.
[41:55.880 --> 42:03.000]  If there is no complaint, there's no issue before the court, you dummy.
[42:03.000 --> 42:09.120]  But making a criminal accusation is not the same thing as vesting the court with jurisdiction
[42:09.120 --> 42:12.200]  of the cause.
[42:12.200 --> 42:18.560]  When the state constitution says only two instruments can do that, an indictment or
[42:18.560 --> 42:27.440]  an information, 27.01 code, a criminal procedure, an indictment or information is the primary
[42:27.440 --> 42:33.120]  pleading by the state in a criminal case.
[42:33.120 --> 42:41.080]  Well, if it's the primary pleading by the state, then only someone with state authority
[42:41.080 --> 42:43.040]  can create it.
[42:43.040 --> 42:44.880]  How do I know that?
[42:44.880 --> 42:51.160]  Because it goes on in chapter 20 to say that an indictment or information must be signed
[42:51.160 --> 42:59.040]  by the county or district attorney in their official capacity.
[42:59.040 --> 43:05.040]  And if it must be signed in their official capacity, then only someone that is part of
[43:05.040 --> 43:08.720]  that office can do it.
[43:08.720 --> 43:17.120]  Now I can find nowhere that a city attorney is a part of either of those two offices.
[43:17.120 --> 43:23.400]  Now I have heard these idiotic city prosecutors here in Austin say that they operate under
[43:23.400 --> 43:26.440]  the authority of the district attorney's office.
[43:26.440 --> 43:33.760]  Really, just exactly where do you get that, you clueless bag of bones?
[43:33.760 --> 43:36.640]  Where is that authority?
[43:36.640 --> 43:38.320]  Show it to me in law.
[43:38.320 --> 43:39.320]  It doesn't exist.
[43:39.320 --> 43:42.840]  All right, folks, we'll finish this up on the other side of the break.
[43:42.840 --> 43:48.920]  This is rule of law radio, 512-646-1984 is the call in number.
[43:48.920 --> 43:50.520]  The phone lines are open.
[43:50.520 --> 43:53.000]  We should be able to wrap this up in the next segment.
[43:53.000 --> 43:56.840]  So if you're being lined when we get to you, we'll start taking your calls.
[43:56.840 --> 43:58.840]  We'll be right back.
[43:58.840 --> 44:03.600]  Hey, did you hear Ron Paul's announce he's running for president in 2012?
[44:03.600 --> 44:04.600]  Hey, it's Ron Paul.
[44:04.600 --> 44:05.600]  Really?
[44:05.600 --> 44:07.240]  Okay, put down the cell phone for one minute.
[44:07.240 --> 44:10.240]  Your friends really don't care about your Twitter updates on what you had for breakfast.
[44:10.240 --> 44:13.640]  Oh, but I'd love to make those little smiley faces with punctuation marks.
[44:13.640 --> 44:14.640]  Of course you do.
[44:14.640 --> 44:15.640]  Now, listen closely.
[44:15.640 --> 44:18.800]  You need to go down to Brave New Books and learn as much as you can about Ron Paul and
[44:18.800 --> 44:20.560]  his message before it's too late.
[44:20.560 --> 44:23.280]  They have all of his books and many of the books he talks about.
[44:23.280 --> 44:26.920]  They also have t-shirts, bumper stickers, and yard signs so that you can show your support
[44:26.920 --> 44:27.920]  for him during the campaign.
[44:27.920 --> 44:28.920]  Brave New Books?
[44:28.920 --> 44:31.040]  Do they have Harry Potter and Twilight?
[44:31.040 --> 44:35.160]  No, but they do carry a large selection of survival and preparedness books to protect
[44:35.160 --> 44:36.920]  your family in time of emergency.
[44:36.920 --> 44:39.440]  Ugh, that sounds like that show on the Discovery Channel.
[44:39.440 --> 44:43.240]  Yeah, there's even a wilderness survival expert that teaches classes called Earthskill
[44:43.240 --> 44:47.240]  School that you can sign up for on the website, bravenewbookstore.com.
[44:47.240 --> 44:48.240]  What are you doing?
[44:48.240 --> 44:51.680]  I'm tweeting all my friends that they should go to bravenewbookstore.com or down to the
[44:51.680 --> 44:52.680]  bookstore in person.
[44:52.680 --> 44:53.680]  Where's it located?
[44:53.680 --> 44:54.680]  1904 Guadalupe Street.
[44:54.680 --> 44:55.680]  There, it's sent.
[44:55.680 --> 44:58.680]  I even made a smiley face.
[44:58.680 --> 44:59.680]  Great.
[44:59.680 --> 45:04.080]  Are you the plaintiff or defendant in a lawsuit?
[45:04.080 --> 45:10.840]  In your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course
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[45:49.440 --> 45:52.000]  pro se tactics, and much more.
[45:52.000 --> 46:14.600]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-E-Z.
[46:14.600 --> 46:44.200]  Alright folks, we aren't back, this is rule of law radio, Randy Kelton, Debra Stevens,
[46:44.200 --> 46:45.200]  Eddie Craig.
[46:45.200 --> 46:51.200]  We are talking about the fallacy of the city attorney prosecuting in municipal courts in
[46:51.200 --> 46:54.120]  the name of the state.
[46:54.120 --> 47:02.440]  Now this motion is a part of the seminar material, and I have gone into extensive detail and
[47:02.440 --> 47:05.880]  effort to make this comprehensive.
[47:05.880 --> 47:11.600]  But I have tried my very best to tear apart every single argument that these courts have
[47:11.600 --> 47:17.280]  ever made regarding the ability of a city attorney to do this.
[47:17.280 --> 47:23.200]  Now let's continue on here with just the simple fact that a charging instrument cannot be
[47:23.200 --> 47:24.280]  a complaint.
[47:24.280 --> 47:30.000]  The courts say that a complaint does not have to require all the things that must be proven,
[47:30.000 --> 47:36.680]  but an information or indictment must, and that's what's required as a charging instrument.
[47:36.680 --> 47:39.680]  Proper notice to the accused.
[47:39.680 --> 47:47.360]  Though a complaint on its face cannot possibly be a charging instrument, because very rarely
[47:47.360 --> 47:53.800]  will it ever give enough information to the accused to locate the charge in law.
[47:53.800 --> 47:57.200]  Even if they know what they're looking for, it's hard to find.
[47:57.200 --> 48:05.280]  Plus, it does not give them all of the necessary elements that has to be approved, or I'm sorry,
[48:05.280 --> 48:09.840]  that has to be proven in court, okay?
[48:09.840 --> 48:12.600]  So that's one of the problems.
[48:12.600 --> 48:14.920]  Now let's get on with the other.
[48:14.920 --> 48:21.080]  Again we're talking about the constitutionally created authority of someone to act as an
[48:21.080 --> 48:26.600]  attorney for the state, and the Constitution in Article 5, Section 21 grants that power
[48:26.600 --> 48:32.000]  to the district and county attorneys only, and no one else.
[48:32.000 --> 48:38.600]  Now, they're also using the argument that 2.07 code of criminal procedure under Attorney
[48:38.600 --> 48:42.400]  Pro Tem authorizes them to do this.
[48:42.400 --> 48:53.240]  Slight problem, 2.07C specifically says that an attorney for the state includes the county
[48:53.240 --> 48:57.640]  or district attorney or an assistant attorney general.
[48:57.640 --> 49:02.720]  Then it says that the judge can appoint any competent attorney, and then it gives the definition
[49:02.720 --> 49:08.960]  of competent attorney as includes an assistant attorney general.
[49:08.960 --> 49:14.420]  Now that is where I'm arguing that, one, the attorney general's office has no criminal
[49:14.420 --> 49:17.160]  prosecutorial powers.
[49:17.160 --> 49:23.560]  So for the purpose of appointing them as an attorney pro tem, that could only be to act
[49:23.560 --> 49:26.320]  in a civil case.
[49:26.320 --> 49:32.160]  But if that's true, why was it brought up in the code of criminal procedure, and not
[49:32.160 --> 49:35.240]  the civil procedure rules?
[49:35.240 --> 49:42.320]  The legislature is attempting to give a criminal prosecution power to a state office that by
[49:42.320 --> 49:51.800]  Constitution doesn't have it, and was specifically prohibited by omission, number one, an assignment
[49:51.800 --> 49:56.120]  to two different offices as number two.
[49:56.120 --> 50:02.160]  So there are two primary reasons why the attorney general's office has and cannot have any such
[50:02.160 --> 50:05.560]  authority.
[50:05.560 --> 50:10.960]  Now we get down to the problem of the charging instrument once again.
[50:10.960 --> 50:18.480]  If the indictment must be signed by the foreman of the grand jury, and an information must
[50:18.480 --> 50:26.000]  be signed by either a county or district attorney in their official capacity, that kind of leaves
[50:26.000 --> 50:32.520]  the city attorney out in the cold for producing a proper charging instrument.
[50:32.520 --> 50:40.320]  So once again, this is how the idiotic courts solved this little dilemma of not having a
[50:40.320 --> 50:45.200]  proper charging instrument because the city attorney couldn't make one.
[50:45.200 --> 50:55.160]  They decided that since the statutory enactment created by the legislature prevents a city
[50:55.160 --> 51:03.760]  attorney from signing a charging instrument, but they granted him prosecutorial powers
[51:03.760 --> 51:14.000]  in the municipal court, then that court must only require a complaint in order to commence
[51:14.000 --> 51:16.160]  a prosecution.
[51:16.160 --> 51:18.880]  That was their solution.
[51:18.880 --> 51:25.280]  Rather than simply declaring the legislative act granting prosecutorial power to a corporate
[51:25.280 --> 51:35.280]  attorney unconstitutional on its face, they created this idiotic argument that despite
[51:35.280 --> 51:42.200]  the constitution requiring a proper charging instrument and despite the constitution requiring
[51:42.200 --> 51:50.560]  that all prosecutorial power vested in the two state offices of district attorney and
[51:50.560 --> 51:56.440]  county attorney be the only power that can prosecute in the name of the state, instead
[51:56.440 --> 52:02.080]  of abiding by the constitution, the idiotic judges simply said that in order to comply
[52:02.080 --> 52:08.120]  with the legislative enactment, then we'll forego the charging instrument and let the
[52:08.120 --> 52:11.600]  city attorney prosecute just by complaint alone.
[52:11.600 --> 52:16.720]  And that's all that a municipal prosecution's required to have is a complaint.
[52:16.720 --> 52:20.720]  That's how they saw this little contradiction here.
[52:20.720 --> 52:23.680]  Again people, slight problem.
[52:23.680 --> 52:32.040]  What has more authority than Texas Constitution or an enactment of the legislature?
[52:32.040 --> 52:35.280]  I leave that up to you to decide and figure out.
[52:35.280 --> 52:39.440]  But I'm pretty sure which one I'm going to pick and I know which one I'm arguing in
[52:39.440 --> 52:41.640]  this motion.
[52:41.640 --> 52:45.160]  So how does this complicate matters?
[52:45.160 --> 52:51.560]  Well that really depends on which end of the dog you're on when it comes to the wagon tail.
[52:51.560 --> 52:56.080]  If you are the municipal court, you have no jurisdiction.
[52:56.080 --> 53:03.200]  Every prosecution you're handling was done without a constitutionally required charging
[53:03.200 --> 53:05.200]  instrument.
[53:05.200 --> 53:11.800]  Therefore the court was never vested with jurisdiction of the cause.
[53:11.800 --> 53:15.480]  The exact same thing holds true in a justice court.
[53:15.480 --> 53:20.960]  If they don't have a proper charging instrument, then they have a problem.
[53:20.960 --> 53:23.880]  They're acting without jurisdiction.
[53:23.880 --> 53:28.880]  Now we have numerous portions of the Code of Criminal Procedure that make it very, very
[53:28.880 --> 53:39.640]  clear that an information is required, 2.05 being just one of them, 27.01, and large portions
[53:39.640 --> 53:44.480]  of Chapter 20 of the Code of Criminal Procedure.
[53:44.480 --> 53:54.360]  All of them very clearly show an information must be filed and only two people can do that.
[53:54.360 --> 53:58.880]  And a city attorney ain't one of them.
[53:58.880 --> 54:08.000]  So the other problem this creates is the criminal acts perpetrated by both the judge and the
[54:08.000 --> 54:10.880]  city attorney.
[54:10.880 --> 54:17.920]  The judge is required to know what the constitution allows and doesn't allow no matter what the
[54:17.920 --> 54:22.280]  legislature wants to allow.
[54:22.280 --> 54:29.120]  As a judge, they are required and took an oath to uphold the constitution of this state
[54:29.120 --> 54:37.560]  above and beyond all other things, including acts of the legislature.
[54:37.560 --> 54:45.400]  Now that would mean the judge must be aware that this city attorney constitutionally speaking
[54:45.400 --> 54:53.000]  is not capable of representing the state in the official or the constitutionally official
[54:53.000 --> 54:58.800]  capacity of attorney for the state, okay?
[54:58.800 --> 55:04.760]  And in order to prosecute in the name of the state, you must assume that official capacity
[55:04.760 --> 55:08.080]  of attorney for the state.
[55:08.080 --> 55:16.800]  And again, Article 5, Section 21, only gives that authority to two elected offices.
[55:16.800 --> 55:26.080]  Just exactly how would a contracted private attorney from a local firm constitutionally
[55:26.080 --> 55:30.040]  qualify to prosecute in the name of the state?
[55:30.040 --> 55:36.480]  Doesn't the constitution specifically state in Article 16, Section 1, that all elected
[55:36.480 --> 55:43.440]  or appointed officers must take an oath of office and an anti-bribery statement?
[55:43.440 --> 55:47.240]  Yes, they must.
[55:47.240 --> 55:52.720]  But a city attorney doesn't have those things.
[55:52.720 --> 55:54.240]  Simply doesn't have them.
[55:54.240 --> 56:00.560]  And even if they sign an oath of office, there's no anti-bribery statement to go with it.
[56:00.560 --> 56:07.800]  And even if there were, a city attorney was not given the power to prosecute under the
[56:07.800 --> 56:14.560]  official capacity of attorney for the state.
[56:14.560 --> 56:18.400]  It doesn't exist.
[56:18.400 --> 56:25.880]  If the legislature wasn't granted the power to create it, or it is not absolutely necessary
[56:25.880 --> 56:34.000]  and ancillary to a power that was granted, they can't do it.
[56:34.000 --> 56:42.160]  That's exactly why Article 5, Section 21, requires the county attorney to prosecute in
[56:42.160 --> 56:50.720]  all cases below the level of district court in the county and inferior courts.
[56:50.720 --> 56:55.960]  And as I said, there are only three courts in Texas that are inferior to the county
[56:55.960 --> 57:02.840]  court, and a municipal court is one of them.
[57:02.840 --> 57:07.800]  So how did these morons come to this conclusion?
[57:07.800 --> 57:13.680]  And I'm sorry, normally I would have respect for a judge who has proven themselves both
[57:13.680 --> 57:17.480]  knowledgeable and learned in the law.
[57:17.480 --> 57:23.680]  But when you read these opinions and you look at the law as it existed at the time and how
[57:23.680 --> 57:32.800]  it exists today, this magistrate was on some serious huffing trip when he made this decision.
[57:32.800 --> 57:43.600]  That or his minibar was completely empty because he was high on something to ignore the constitutional
[57:43.600 --> 57:51.920]  and other statutory requisites that govern who can act in this capacity.
[57:51.920 --> 58:00.080]  There is no question that these people either chose to ignore the Constitution or to subvert
[58:00.080 --> 58:08.480]  it, neither of which I approve of, and you shouldn't either.
[58:08.480 --> 58:13.960]  And if we can show that what they're doing is intended to subvert it, we should be holding
[58:13.960 --> 58:19.560]  some front lawn necktie parties at the capitol.
[58:19.560 --> 58:26.040]  But anyway, that's a good start on what we're talking about here regarding the city attorney.
[58:26.040 --> 58:29.000]  We do have a caller on the board, Jeff.
[58:29.000 --> 58:30.640]  We see you, so please hang in there.
[58:30.640 --> 58:32.440]  Randy, you were going to say something?
[58:32.440 --> 58:34.680]  That's your story, and you're sticking to it?
[58:34.680 --> 58:35.680]  Absultively.
[58:35.680 --> 58:39.080]  All right, Jeff, we'll get you on the other side of the break.
[58:39.080 --> 58:40.520]  This is rule of law radio.
[58:40.520 --> 58:46.680]  The phone lines are open 512-646-1984 is the call-in number.
[58:46.680 --> 58:48.360]  You got any questions or issues?
[58:48.360 --> 58:52.600]  We'll start taking your calls on the other side, so, yep.
[58:52.600 --> 58:56.320]  We also have Ken Magnuson, he'll be calling in on the other side of the break.
[58:56.320 --> 58:57.320]  All right.
[58:57.320 --> 59:00.200]  He's on the call-up board now, so we'll be talking to you.
[59:00.200 --> 59:04.320]  Would you like to make more definite progress in your walk with God?
[59:04.320 --> 59:09.520]  Books for America is offering a free study Bible and a set of free Christian books that
[59:09.520 --> 59:10.840]  can really help.
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[59:15.160 --> 59:16.160]  today.
[59:16.160 --> 59:20.200]  It's an accurate translation, and it contains thousands of footnotes that will help you
[59:20.200 --> 59:23.280]  to know God and to know the meaning of life.
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[59:28.560 --> 59:32.840]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:32.840 --> 59:37.760]  of salvation, growing in Christ, and how to build up the church.
[59:37.760 --> 59:42.800]  To order your free New Testament recovery version and Basic Elements of the Christian
[59:42.800 --> 59:55.560]  Life, call Bibles for America toll-free at 888-551-0102, that's 888-551-0102, or visit
[59:55.560 --> 59:58.560]  us online at bfa.org.
[59:58.560 --> 01:00:10.600]  The world's largest oil company ExxonMobil has posted a quarterly profit of $10.6 billion,
[01:00:10.600 --> 01:00:14.320]  a 41% increase over the same period last year.
[01:00:14.320 --> 01:00:19.960]  World Dutch Shell reported a second-quarter profit of $8 billion, a 77% jump.
[01:00:19.960 --> 01:00:24.120]  Only this week, BP announced second-quarter profits of $5.3 billion.
[01:00:24.120 --> 01:00:29.880]  Huge increases came as economic expansion fueled energy demand and turmoil in the Middle
[01:00:29.880 --> 01:00:33.480]  East disrupted oil exports.
[01:00:33.480 --> 01:00:38.880]  A dozen Christian and other religious leaders were arrested Thursday on Capitol Hill during
[01:00:38.880 --> 01:00:44.400]  prayerful civil disobedience or a debt-sealing deal that does not sacrifice the poor on
[01:00:44.400 --> 01:00:47.080]  the altar of political ideology.
[01:00:47.080 --> 01:00:52.760]  Reverend Dr. Hubert Nelson said, quote, Our denomination cannot stand idly by and watch
[01:00:52.760 --> 01:00:58.360]  while the mandate of the gospel to love our neighbors is violated in the halls of Congress.
[01:00:58.360 --> 01:01:04.440]  Our state Egyptian leader Hosni Mubarak's trial on charges of corruption and ordering
[01:01:04.440 --> 01:01:08.640]  police to kill anti-government protesters will begin August 3rd.
[01:01:08.640 --> 01:01:15.440]  Mubarak's two sons, former Interior Minister Habib al-Adli and six aides will also be tried.
[01:01:15.440 --> 01:01:18.600]  Mubarak and al-Adli face possible death sentences.
[01:01:18.600 --> 01:01:23.560]  Mubarak's sons Gamal and al-La will be tried for alleged financial corruption.
[01:01:23.560 --> 01:01:29.000]  Their father also faces charges of stealing millions of dollars of state money.
[01:01:29.000 --> 01:01:33.880]  Senate Democratic leader Harry Reid served notice Friday he's pushing ahead with his
[01:01:33.880 --> 01:01:40.320]  debt-sealing bill as House Speaker John Boehner's rival measure languished in limbo, heightening
[01:01:40.320 --> 01:01:42.360]  fears of government default.
[01:01:42.360 --> 01:01:47.600]  Boehner's bill is mired in a bitter standoff between GOP leaders and the Tea Party.
[01:01:47.600 --> 01:01:52.040]  House Republicans were striving for a third day to pass the Boehner bill, even though
[01:01:52.040 --> 01:01:55.240]  it had virtually no chance of surviving the Senate.
[01:01:55.240 --> 01:02:00.520]  Barack Obama has offered to water down the calculation of inflation, which would slash
[01:02:00.520 --> 01:02:04.320]  $200 billion from Social Security benefits.
[01:02:04.320 --> 01:02:10.080]  He has also proposed a tax scheme that would raise $800 billion in additional revenue,
[01:02:10.080 --> 01:02:16.000]  but in return would preempt the Bush tax cuts from expiring, settling for half the amount
[01:02:16.000 --> 01:02:20.440]  that would have been collected if the Bush tax cuts were allowed to end.
[01:02:20.440 --> 01:02:26.480]  The UK Independent reports testimony gathered by human rights workers in Pakistan shows
[01:02:26.480 --> 01:02:31.880]  untold numbers of people have been detained, tortured and disappeared by Pakistan's security
[01:02:31.880 --> 01:02:35.920]  forces in Balochistan, the country's largest province.
[01:02:35.920 --> 01:02:40.440]  Activists say torture and extradition killings have continued since the election of the civilian
[01:02:40.440 --> 01:02:42.120]  government three years ago.
[01:02:42.120 --> 01:02:46.240]  Human rights abuses in Balochistan have long been overlooked or ignored.
[01:02:46.240 --> 01:03:12.480]  Three years, security forces have targeted groups seeking independence for the oil-rich
[01:03:12.480 --> 01:03:21.800]  environment.
[01:03:21.800 --> 01:03:36.440]  Alright folks, we are back. This is Rule of Law Radio. This is our Friday Night 4-Hour
[01:03:36.440 --> 01:03:45.560]  Marathon Night. 512-646-1984 is the call-in number. We do have someone on the line to
[01:03:45.560 --> 01:03:49.240]  talk with us a little bit. Ken Magnuson is back tonight, but before we go to Ken, we're
[01:03:49.240 --> 01:03:54.360]  going to go ahead and take Jeff's call, and then we'll get on and let Ken cool us in a
[01:03:54.360 --> 01:03:58.280]  little bit more about the rules of civil procedure here in Texas. Alright Jeff, what
[01:03:58.280 --> 01:03:59.280]  can we do for you?
[01:03:59.280 --> 01:04:04.160]  Well, hey everybody. It's really great to be on the show, and thank you. I had called
[01:04:04.160 --> 01:04:09.360]  in before. I've called in a couple of times. I was the student at a Mississippi State University.
[01:04:09.360 --> 01:04:11.080]  There's a rifle in your room.
[01:04:11.080 --> 01:04:17.520]  Yeah, they had a rifle in my apartment. And I'm set to go to trial Tuesday, and I just
[01:04:17.520 --> 01:04:22.800]  kind of wanted to call in and tell you how that's coming along.
[01:04:22.800 --> 01:04:24.800]  You have an attorney, or are you doing this yourself?
[01:04:24.800 --> 01:04:27.520]  No, I've got a public defender.
[01:04:27.520 --> 01:04:33.360]  Okay, and has your public defender clued into the fact that they have to prove that the
[01:04:33.360 --> 01:04:35.360]  apartment is on campus?
[01:04:35.360 --> 01:04:46.040]  No, no, no. They have to prove that you had knowledge that the apartment was on campus.
[01:04:46.040 --> 01:04:53.000]  Very good. I'm glad to hear that. I'm actually writing that down because she's stating the
[01:04:53.000 --> 01:04:57.600]  opposite. She says that we don't care if you knew or not. You know, if it's campus, then
[01:04:57.600 --> 01:04:58.600]  you're caught.
[01:04:58.600 --> 01:05:02.800]  So I'm the public defender saying this?
[01:05:02.800 --> 01:05:10.800]  Oh yes. The last time I called in just to get everybody up to speed, I was assigned a public
[01:05:10.800 --> 01:05:16.120]  defender of the first one who took me back to a room, and he flipped out and started
[01:05:16.120 --> 01:05:19.760]  yelling and screaming at me, and said that he would personally revoke my bail and throw
[01:05:19.760 --> 01:05:23.360]  me in prison for three years himself.
[01:05:23.360 --> 01:05:25.360]  This was your defense attorney?
[01:05:25.360 --> 01:05:34.920]  Uh-huh. And one of y'all said to fill out an abuse of power process form. If I wrote
[01:05:34.920 --> 01:05:37.640]  that down right.
[01:05:37.640 --> 01:05:44.880]  That would be a criminal complaint. Now wait, you're mixing things up. If he was your attorney,
[01:05:44.880 --> 01:05:47.880]  then you filed a bar grievance against him.
[01:05:47.880 --> 01:05:50.360]  And a malpractice suit?
[01:05:50.360 --> 01:05:52.800]  Wait a minute. Why did he tell you this?
[01:05:52.800 --> 01:06:00.480]  Well, some of this is confusing, but I don't know. At the time I was shocked. When I went
[01:06:00.480 --> 01:06:07.640]  in to speak to him, I sat down and I said, you know, I'm at these apartments and physically
[01:06:07.640 --> 01:06:12.160]  they are off of the main part of the campus.
[01:06:12.160 --> 01:06:17.000]  When you look at my campus, it looks like an old mansion on a beautiful manicured lawn
[01:06:17.000 --> 01:06:21.960]  with a stone gate around it, just like in the classic movies. And when you drive off
[01:06:21.960 --> 01:06:25.680]  of it, you're out in the street and there's the gas station in 7-11. You can really tell
[01:06:25.680 --> 01:06:32.000]  that you're in town. And my apartments were about a third of a block in town and it turned
[01:06:32.000 --> 01:06:37.160]  out that the campus owned that property, but it wasn't posted and they didn't tell me.
[01:06:37.160 --> 01:06:42.400]  Well, wait a minute. Just because the campus owns the property doesn't mean it's a part
[01:06:42.400 --> 01:06:44.400]  of the physical campus.
[01:06:44.400 --> 01:06:45.400]  Uh-huh.
[01:06:45.400 --> 01:06:48.520]  So that's the first thing that happened to establish.
[01:06:48.520 --> 01:06:53.400]  Which was what I was saying about that it's actually a part of the campus.
[01:06:53.400 --> 01:06:59.560]  Uh-huh. And what defines it being a part of the campus and how would a reasonable person
[01:06:59.560 --> 01:07:05.920]  of ordinary prudence know that these apartments were a part of the campus?
[01:07:05.920 --> 01:07:06.920]  Yes.
[01:07:06.920 --> 01:07:07.920]  Yes.
[01:07:07.920 --> 01:07:13.240]  But I want to go back to why your attorney yelled at you. If he yelled at you to keep
[01:07:13.240 --> 01:07:22.000]  you from doing something in the nature of the defense, that would go to obstruction
[01:07:22.000 --> 01:07:24.000]  of justice.
[01:07:24.000 --> 01:07:30.880]  Uh-huh. Well, I sat down in the small room and I told him exactly what I told you. I
[01:07:30.880 --> 01:07:36.320]  didn't, you know, it was off the physical part of the campus to the naked eye. And
[01:07:36.320 --> 01:07:39.240]  I just told him that and I said, it's not posted in the housing department. Didn't
[01:07:39.240 --> 01:07:44.520]  tell me. Well, before I could even finish my sentence, he started screaming at me, you
[01:07:44.520 --> 01:07:49.680]  know, that you're guilty and, you know, if we're lucky, we can make this into a plea.
[01:07:49.680 --> 01:07:53.840]  Okay. I understand what the problem here is now. You made the mistake of getting the
[01:07:53.840 --> 01:08:01.280]  only attorney that was part of the Clinton family rules of defense when you can't win
[01:08:01.280 --> 01:08:02.680]  and attack your own client.
[01:08:02.680 --> 01:08:03.680]  Uh-huh.
[01:08:03.680 --> 01:08:04.680]  Come on.
[01:08:04.680 --> 01:08:05.680]  Go ahead.
[01:08:05.680 --> 01:08:11.280]  You know, at the time I didn't know what was going on. So I responded with, well, I responded
[01:08:11.280 --> 01:08:15.160]  like I was on his side. I said, no, no, I think we got this, you know, because it, you
[01:08:15.160 --> 01:08:19.760]  know, it looks like this, looks like that. And he, he slapped that table with his hands
[01:08:19.760 --> 01:08:23.880]  the loud that I just about jumped out of my chair and he said, if you don't go in there
[01:08:23.880 --> 01:08:29.280]  and please guilty, I'm going to personally revoke your bail and throw you in prison myself.
[01:08:29.280 --> 01:08:30.960]  Holy crap.
[01:08:30.960 --> 01:08:35.080]  And yep, that's a problem. That is a big problem.
[01:08:35.080 --> 01:08:38.960]  Now, I'm going to ask you one question here, Jeff. And if you answer this question incorrectly,
[01:08:38.960 --> 01:08:40.440]  I'm going to hang up on you.
[01:08:40.440 --> 01:08:46.720]  Oh, okay. Oh, okay. Did you have a recording device with you?
[01:08:46.720 --> 01:08:51.000]  Uh-oh. You're, you're going to hang up on me because no, I didn't know to bring one.
[01:08:51.000 --> 01:08:53.600]  Why? What do you mean you didn't know to bring one?
[01:08:53.600 --> 01:08:55.280]  I'm pretty naive. I didn't know.
[01:08:55.280 --> 01:08:57.600]  How long you been listening to this show?
[01:08:57.600 --> 01:09:00.320]  Uh, right after this whole incident.
[01:09:00.320 --> 01:09:02.200]  Which you can win?
[01:09:02.200 --> 01:09:09.440]  Uh, well, I got arrested in September. So I actually found your show in about maybe February.
[01:09:09.440 --> 01:09:11.880]  Okay. This is what I'd like you to do.
[01:09:11.880 --> 01:09:12.880]  Okay.
[01:09:12.880 --> 01:09:19.920]  Put, raise your right hand up next to your head and smack yourself upside the head and
[01:09:19.920 --> 01:09:21.560]  knock some tickets into yourself.
[01:09:21.560 --> 01:09:25.240]  Yes. I've, I've done that a couple of times. I have made some crucial boobies.
[01:09:25.240 --> 01:09:31.880]  Okay. There, there is a major rule here, people. Just not Jeff, but everybody out there listening.
[01:09:31.880 --> 01:09:41.640]  You do not ever again step into the public anywhere to talk with anyone that represents
[01:09:41.640 --> 01:09:48.760]  any form of official capacity and not have a recorder with you.
[01:09:48.760 --> 01:09:51.840]  That is suicide these days.
[01:09:51.840 --> 01:09:52.840]  Yes.
[01:09:52.840 --> 01:09:59.440]  Because our, our public officials are trained in the art of testifying.
[01:09:59.440 --> 01:10:04.440]  They've raised it to an art form.
[01:10:04.440 --> 01:10:10.960]  So, uh, just from, from the knowledge that I had which was nothing, I complained to the
[01:10:10.960 --> 01:10:18.160]  Mississippi bar and I received a letter later that my attorney had been removed by the judge.
[01:10:18.160 --> 01:10:22.920]  So when I showed up to court, I was given another public defender.
[01:10:22.920 --> 01:10:23.920]  Good.
[01:10:23.920 --> 01:10:29.640]  And this, this defender knew that you had made a bar complaint against the other one,
[01:10:29.640 --> 01:10:30.640]  I'm sure.
[01:10:30.640 --> 01:10:32.440]  Well, I guess that she denied it.
[01:10:32.440 --> 01:10:38.680]  Okay. But she took, I take it she was more, uh, amenable to your position.
[01:10:38.680 --> 01:10:46.680]  Yes. When I walked in and spoke with her, she was much more friendly and much more helpful
[01:10:46.680 --> 01:10:48.160]  sounding.
[01:10:48.160 --> 01:10:53.440]  Has she filed any documents in your behalf?
[01:10:53.440 --> 01:10:55.160]  Probably not one sheet of paper.
[01:10:55.160 --> 01:10:59.600]  She's doing a real lot of work, isn't she?
[01:10:59.600 --> 01:11:02.560]  And now here's the, here's where it all got interesting.
[01:11:02.560 --> 01:11:06.520]  I walked into, uh, the, well, I was in the courtroom and she took me back to a small
[01:11:06.520 --> 01:11:11.240]  interrogation room and I am, the first thing I said is having gone through the experience
[01:11:11.240 --> 01:11:16.280]  that I'd gone before, I'm going to pull out a recorder and I want this recorded.
[01:11:16.280 --> 01:11:19.880]  Well, I thought she was going to fall on the floor and have a heart attack.
[01:11:19.880 --> 01:11:25.760]  She absolutely refused and she said, if you pull out a recorder, I'm getting up and walking
[01:11:25.760 --> 01:11:31.080]  out of this room and you are not mine and I will not be your attorney.
[01:11:31.080 --> 01:11:32.080]  You too is in.
[01:11:32.080 --> 01:11:39.000]  Okay. What you tell her is you are my attorney and if you fail to abide by your contract
[01:11:39.000 --> 01:11:44.840]  with me, I'll sue you, but every way from Sunday, okay?
[01:11:44.840 --> 01:11:49.840]  She's accepted a contract with the state for which you are the intended third party beneficiary.
[01:11:49.840 --> 01:11:55.600]  And if she fulfills to perform her duty, you need to come after her.
[01:11:55.600 --> 01:11:58.880]  Okay. I'm writing this down.
[01:11:58.880 --> 01:12:09.440]  You need to look up the Arkansas bar standards and see if Arkansas has a set of standards
[01:12:09.440 --> 01:12:11.600]  for the prosecutorial function.
[01:12:11.600 --> 01:12:17.200]  I have to mention the rule of the judicial conduct and judicial, judicial ethics rules.
[01:12:17.200 --> 01:12:20.280]  For the state of Mississippi?
[01:12:20.280 --> 01:12:22.920]  Mississippi, yeah. Whichever state it's in.
[01:12:22.920 --> 01:12:28.520]  Yeah, I'm sorry. I don't want to confuse my listeners. The listeners, I'm from Arkansas,
[01:12:28.520 --> 01:12:34.080]  but Mississippi has a meteorology program and Arkansas doesn't. So I moved to Mississippi
[01:12:34.080 --> 01:12:38.960]  to go to school. So, yeah, this is taking place.
[01:12:38.960 --> 01:12:42.720]  Well, it's okay because they both got hillbillies.
[01:12:42.720 --> 01:12:47.560]  And I'm one of the biggest ones. I got to go to the hillbillies and be in the hillbilly.
[01:12:47.560 --> 01:12:55.960]  Okay. Yeah, look for a bar association standards for the prosecutorial function.
[01:12:55.960 --> 01:12:56.960]  Okay.
[01:12:56.960 --> 01:13:01.200]  I just looked them up for Texas. When is your hearing?
[01:13:01.200 --> 01:13:07.600]  My court date is supposed to be Tuesday. We're supposed to jury select Monday and Tuesday
[01:13:07.600 --> 01:13:09.600]  we go in.
[01:13:09.600 --> 01:13:15.200]  Okay. How did they know you had the rifle in the apartment?
[01:13:15.200 --> 01:13:23.320]  Well, the campus security came to the apartment and asked me if I had a rifle and me thinking
[01:13:23.320 --> 01:13:26.600]  I was off campus. Well, I would have anyway. I didn't have anything to hide. I said, well,
[01:13:26.600 --> 01:13:29.600]  sure, I've got a rifle. It's right here in the closet.
[01:13:29.600 --> 01:13:37.280]  Okay. First thing is, you also don't volunteer information. Why do you want to know?
[01:13:37.280 --> 01:13:42.440]  Okay. Okay. How did they know to come and ask you if you had a rifle?
[01:13:42.440 --> 01:13:47.560]  Well, when I moved in, I was unpacking the car. And I so I just pulled the rifle out
[01:13:47.560 --> 01:13:54.000]  and in plain sight and just you're still making an assumption as to how they knew that. And
[01:13:54.000 --> 01:14:00.080]  also, we think that I think that possibly that my roommate turned me in.
[01:14:00.080 --> 01:14:03.280]  You're still making an assumption about how they knew.
[01:14:03.280 --> 01:14:11.720]  Okay. Your attorney should know how they knew. That's probably the case. Otherwise, they
[01:14:11.720 --> 01:14:16.520]  probably didn't just come out of the blue. So they probably are going to wind up with
[01:14:16.520 --> 01:14:22.960]  probable cause to believe you had one. This is going to go to the fact that you didn't
[01:14:22.960 --> 01:14:33.240]  know that you were on campus property. And is this property posted anywhere stating that
[01:14:33.240 --> 01:14:39.480]  it is campus property? Or were you given anything in writing by the administration office saying
[01:14:39.480 --> 01:14:46.360]  that it was part of campus property? No. Okay. This brings a question. What defines
[01:14:46.360 --> 01:14:53.800]  the campus? Okay. And how would a reasonable person know when he was on campus and when
[01:14:53.800 --> 01:15:04.800]  he was off campus? Are there any gas stations on the campus proper? No. Are there any convenience
[01:15:04.800 --> 01:15:13.360]  stores or any other commercial establishments other than like what concessions inside a
[01:15:13.360 --> 01:15:19.320]  building or something? No. There's nothing like that. So there's no commercial properties
[01:15:19.320 --> 01:15:27.040]  within the campus proper. And the campus itself is also separated by highway. So when you
[01:15:27.040 --> 01:15:36.600]  go off of the campus, you cross over a highway. So there is a natural barrier. Can you tell
[01:15:36.600 --> 01:15:47.760]  where the supposed campus ends and non-campus property begins? Oh, absolutely. It's a classic
[01:15:47.760 --> 01:15:51.800]  style campus. So it has these big stones on it. No. I'm talking about they're claiming
[01:15:51.800 --> 01:16:00.320]  that these buildings you're in are on campus. Yes. How can you, if I went there and I didn't
[01:16:00.320 --> 01:16:05.680]  live in one of these buildings, how would I know that one of those buildings were on
[01:16:05.680 --> 01:16:10.840]  campus so that I would know that if I'm at one of those buildings, I'm subject to the
[01:16:10.840 --> 01:16:16.440]  campus laws and rules? How could I tell that? Yeah, you would not know. These just look
[01:16:16.440 --> 01:16:23.000]  like freestanding apartments in a residential neighborhood. Okay, you have a right to notice.
[01:16:23.000 --> 01:16:30.680]  Right to notice. And they gave you no proper notice that this was campus, that this was
[01:16:30.680 --> 01:16:36.960]  considered a part of campus. You don't receive any documentation stating that this was part
[01:16:36.960 --> 01:16:41.200]  of the campus property. Okay, we're about to go to Greg. We'll pick that up on the other
[01:16:41.200 --> 01:16:47.080]  side. And as soon as we finish here, we'll go to Ken Magnuson. He's going to talk about
[01:16:47.080 --> 01:16:51.800]  the civil procedure. This is Randy Kelton, Deborah Stevenson, and Eddie Craig. We'll
[01:16:51.800 --> 01:17:01.420]  allow radio. We'll be right back on the other side.
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[01:18:59.200 --> 01:19:29.080]  tracks. Okay, let's see. This is Randall Kelton, W. C. J. Craig, Rule of Law Radio.
[01:19:29.080 --> 01:19:40.200]  We're talking to Jeff in Arkansas, and Ken had a question before. This is Ken McDonnell.
[01:19:40.200 --> 01:19:45.240]  I'm here as the music starts to fade. Yeah, the question I have is how did you locate
[01:19:45.240 --> 01:19:50.600]  this apartment to rent it? Where did you get the documents from to know that this was available
[01:19:50.600 --> 01:19:55.920]  renting? And what I'm concerned about is that you may have gotten information from campus
[01:19:55.920 --> 01:20:01.080]  to go here, and you better look through all that material to make sure that they didn't
[01:20:01.080 --> 01:20:07.080]  tell you within that material that it was campus housing. Yes, and that's exactly what
[01:20:07.080 --> 01:20:13.760]  happened. I was in the dormitory, and I got a call, and I got a small letter that said
[01:20:13.760 --> 01:20:19.000]  that we're having problems with too many students. There's too many freshmen, and I was a junior.
[01:20:19.000 --> 01:20:25.080]  So we're kicking all the upperclassmen off campus to make room for the freshmen incoming.
[01:20:25.080 --> 01:20:29.920]  So I called housing, and they said, we have all these apartments off campus that we're
[01:20:29.920 --> 01:20:38.040]  putting students in, and you're... Wait, wait, they said we have all of these apartments
[01:20:38.040 --> 01:20:44.560]  off campus. Yes, sir. They have about eight apartments that are all throughout town, and
[01:20:44.560 --> 01:20:50.800]  obviously they have contracts with these apartments. So when there's too many people, they disperse
[01:20:50.800 --> 01:20:56.800]  like all 10 of my friends went to a whole bunch of different apartments, and they are
[01:20:56.800 --> 01:21:01.960]  off campus. And they said, you're assigned to the village apartments, and they said,
[01:21:01.960 --> 01:21:08.160]  you drive past the basketball stadium and drive just off campus, and you're here. Okay,
[01:21:08.160 --> 01:21:15.240]  that's... Did you put any of this in writing? I did not get that in writing, unfortunately.
[01:21:15.240 --> 01:21:20.680]  And as soon as I got charged, I immediately frantically called the housing department,
[01:21:20.680 --> 01:21:26.000]  I just talked to you, and you guys told me that it was off campus and blah, blah, blah.
[01:21:26.000 --> 01:21:30.000]  And they immediately just said, oh, I'm sorry, we can't deal with you. We'll have to put
[01:21:30.000 --> 01:21:32.960]  you over to... And then they just put me through a voicemail.
[01:21:32.960 --> 01:21:38.400]  You need to find out who told you that message. They need to be a witness.
[01:21:38.400 --> 01:21:45.800]  No, first, what you need to do is get a hold of your other guys who were directed off campus.
[01:21:45.800 --> 01:21:52.680]  Mm-hmm, okay. And get them to testify that they were told it was off campus. And then
[01:21:52.680 --> 01:22:01.920]  you pull... Then you subpoena... You notify your attorney to subpoena the people who set
[01:22:01.920 --> 01:22:10.360]  you up with these apartments. Okay. And if the attorney blinks about doing it, then
[01:22:10.360 --> 01:22:16.080]  file a bar grievance against the attorney. Don't say anything about it. Just file it.
[01:22:16.080 --> 01:22:20.520]  Just file it, yeah. Well, here's where the story gets good. A couple
[01:22:20.520 --> 01:22:24.480]  of days ago, I've been sitting down at the courthouse for several days. And a couple
[01:22:24.480 --> 01:22:29.680]  of days ago, she started bringing me into her office. And I did start mentioning stuff
[01:22:29.680 --> 01:22:36.000]  like that. And it started making her angry. And she finally exploded and started yelling.
[01:22:36.000 --> 01:22:42.880]  Well, the sheriff's office is right next to the interrogation that we were in, into the
[01:22:42.880 --> 01:22:48.080]  interrogation room that I was in with her. And he flings the door open and says, is everything
[01:22:48.080 --> 01:22:53.720]  okay in here? And I'm so used to getting yelled at that by that time, I'm just sitting there
[01:22:53.720 --> 01:23:00.080]  with a stone face. And then the next day, which was yesterday, this is where it gets
[01:23:00.080 --> 01:23:06.520]  really good. They broke us for lunch. So I left for lunch and I came back and I'm walking
[01:23:06.520 --> 01:23:13.280]  up the front of the courthouse where I've been sitting in my bail bondsman and another
[01:23:13.280 --> 01:23:19.240]  bail bondsman, someone else, not my bail bondsman, but two bail bonds, my bail bondsman and another
[01:23:19.240 --> 01:23:25.560]  bail bondsman come running out and look at me with his face of terror and said, what
[01:23:25.560 --> 01:23:31.400]  have you done? And I said, what are you talking about? And they said, your attorney is walking
[01:23:31.400 --> 01:23:37.760]  around in the hall in there claiming that you're a murderer. And I said, okay, I was
[01:23:37.760 --> 01:23:45.800]  completely confused. And then she said, and she's asking me to revoke your bond and surrender
[01:23:45.800 --> 01:23:49.720]  you and put you in jail. And once again, I was still
[01:23:49.720 --> 01:23:57.640]  waiting a minute. Okay, this is you need to do some more research. Okay. You need to find
[01:23:57.640 --> 01:24:12.360]  out how many people with court appointed counsel have any motions filed in their their behalf.
[01:24:12.360 --> 01:24:22.200]  How many are found not guilty? This looks like a conspiracy on part of the prosecutor,
[01:24:22.200 --> 01:24:29.120]  the judge and defense counsel to deny you've constitutionally protected right. This sounds
[01:24:29.120 --> 01:24:36.880]  like outlaw. Okay. Well, even one of the bailiffs came out and said, what's going on? What's
[01:24:36.880 --> 01:24:42.520]  going on? Well, when my attorney came and took me into her office, the last thing I wanted
[01:24:42.520 --> 01:24:47.440]  to do was tip my hand. I didn't say anything. So I acted like everything was normal. And
[01:24:47.440 --> 01:24:52.320]  she said, well, the court has a radar on you. And I said, okay, what is that? And she says,
[01:24:52.320 --> 01:24:58.600]  well, they believe that you're part of a terrorist organization that killed a couple of cops.
[01:24:58.600 --> 01:25:05.840]  And I said, okay, then she said that the prosecutor had sent her a letter. And I've got the letter
[01:25:05.840 --> 01:25:12.840]  here that states the rifle that I have is a sniper rifle. And I'm going to read you this
[01:25:12.840 --> 01:25:17.680]  letter from the prosecutor. This is to give you notice that officer so-and-so, I won't
[01:25:17.680 --> 01:25:23.640]  say it over the air, will be tendered as an expert witness in the field of armory. I expect
[01:25:23.640 --> 01:25:28.120]  Mr. So-and-so to testify to the fact that the weapon recovered was a bolt action rifle,
[01:25:28.120 --> 01:25:36.960]  which has been used as a sniper rifle. So you need to demand your attorney request a
[01:25:36.960 --> 01:25:48.040]  Dalbert's hearing. Dalbert's hearing? Yeah, D-A-U-B-E-R-T-S hearing. D-O-U? D-A-U-B-E-R-T-S.
[01:25:48.040 --> 01:25:58.000]  Okay. That's the hearing to test the credentials of an expert witness. Okay, got it.
[01:25:58.000 --> 01:26:03.960]  But when your attorney refuses, fire your attorney. If it's right before court, fire
[01:26:03.960 --> 01:26:10.800]  your attorney and request the continuance. And I would file criminal charges against
[01:26:10.800 --> 01:26:16.240]  your attorney, right there with the judge, for conspiring with the prosecutor to deny
[01:26:16.240 --> 01:26:21.160]  you due process. Should I fire my attorney in front of everyone
[01:26:21.160 --> 01:26:27.520]  in court so it'd be recorded? Absolutely. Okay, because with the last one, everybody's
[01:26:27.520 --> 01:26:32.680]  saying, oh, I never said this and your attorney never said that because nothing was recorded.
[01:26:32.680 --> 01:26:40.800]  Yes. So I take it everything that you've been talking about here has been recorded?
[01:26:40.800 --> 01:26:45.640]  On the show, what I'm going to do, you mean as we're talking?
[01:26:45.640 --> 01:26:50.040]  Yes. Oh, yes, I'm recording on my laptop.
[01:26:50.040 --> 01:26:59.800]  Okay, good. This sounds like your attorney is conspiring against you with the prosecutor.
[01:26:59.800 --> 01:27:06.560]  It doesn't matter if a weapon of the type that you have has been used as a sniper rifle.
[01:27:06.560 --> 01:27:12.800]  Did your weapon have an infrared scope on it? No.
[01:27:12.800 --> 01:27:16.600]  Did it have a silencer on it? No.
[01:27:16.600 --> 01:27:20.280]  Was it affixed with a tripod? No.
[01:27:20.280 --> 01:27:25.840]  Did it have a special butt with a faceplate? No.
[01:27:25.840 --> 01:27:33.280]  Did it have a special sighting on it for distance sighting?
[01:27:33.280 --> 01:27:36.440]  It has the old sighting and it's an old World War II.
[01:27:36.440 --> 01:27:44.480]  So it's just a ball and groove sight? Yes, yes. Yeah, an old B sighting.
[01:27:44.480 --> 01:27:48.320]  I wonder when they're saying this was used as a sniper rifle.
[01:27:48.320 --> 01:27:57.600]  I suggest you go on the Internet and pull down a bunch of photos of sniper rifles.
[01:27:57.600 --> 01:28:03.400]  Can ask the, if the expert witness gets up there, you want to ask the expert witness,
[01:28:03.400 --> 01:28:07.640]  is this the rifle that I was using as a sniper rifle?
[01:28:07.640 --> 01:28:11.680]  Is this one? Is this the rifle you allege?
[01:28:11.680 --> 01:28:14.960]  I'll say that I was using. All right, all right, allege that I was
[01:28:14.960 --> 01:28:20.360]  using as a sniper rifle. And walking through the difference.
[01:28:20.360 --> 01:28:25.600]  I had a chance, have you ever seen a sniper rifle use open sights?
[01:28:25.600 --> 01:28:32.920]  No, no, I did some homework and even back in the Civil War they had scopes on them.
[01:28:32.920 --> 01:28:41.240]  So this is all a scam. And you need to treat it as a scam.
[01:28:41.240 --> 01:28:49.480]  I would go into the court and in court in front of everybody, demand of your attorney
[01:28:49.480 --> 01:28:56.520]  to request a Dalbert's hearing for this expert witness that she's going to refuse.
[01:28:56.520 --> 01:29:04.440]  I suggest you have a set of motions for a motion for a Dalbert's hearing.
[01:29:04.440 --> 01:29:13.160]  A motion to dismiss any, Ken, what could we come up to throw at him?
[01:29:13.160 --> 01:29:18.040]  What I want is a handful of motions to give to her attorney, his attorney, demand that
[01:29:18.040 --> 01:29:23.160]  she file these with the court. She should probably have a written document
[01:29:23.160 --> 01:29:31.040]  to fire her for failure to defend him. I'm thinking charge her with conspiracy
[01:29:31.040 --> 01:29:39.640]  to deny him due process. A criminal complaint and hand it to the judge.
[01:29:39.640 --> 01:29:46.800]  Ask the judge to act on it in court. Now, what about these two bondsmen that came
[01:29:46.800 --> 01:29:50.800]  out and grabbed me during court? Hang on just a second, Jeff, we're going
[01:29:50.800 --> 01:30:02.640]  to go to court and get up to the other side. The rule of law radio network is proud to
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[01:31:51.200 --> 01:32:20.200]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:32:21.200 --> 01:32:47.880]  Okay, this is Randy Kelton and Debbie Steedon, Daddy Craig with Love Radio. We're back with
[01:32:47.880 --> 01:32:56.200]  talking Jeff in Arkansas and it looks like they're doing everything they can to get you
[01:32:56.200 --> 01:33:03.640]  lined up on the railroad track. So in this instance, I'm going to suggest that you have
[01:33:03.640 --> 01:33:10.240]  very little to lose and a whole lot to gain. One thing that might be a good way to nail
[01:33:10.240 --> 01:33:20.960]  your attorney is once you get in court, insist that your attorney, subpoena the bail bondsman,
[01:33:20.960 --> 01:33:32.400]  who told you that you were a murderer because you want to know who told him that and it's
[01:33:32.400 --> 01:33:40.320]  obviously going to be your attorney and your attorney is not going to want a subpoena. That's
[01:33:40.320 --> 01:33:48.800]  when you tell the court that you have a document to present to the court and the prosecutor
[01:33:48.800 --> 01:33:52.680]  is going to demand to see it. Your attorney is going to object and that's when you fire
[01:33:52.680 --> 01:34:02.640]  your attorney and when the prosecutor asks to see it, you tell the judge that this is
[01:34:02.640 --> 01:34:08.360]  a document that's none of the prosecutor's business. This is a matter between you and
[01:34:08.360 --> 01:34:16.640]  me and he'll ask you what it is and it's a criminal affidavit accusing your attorney,
[01:34:16.640 --> 01:34:23.080]  your first attorney, your second attorney, and the prosecuting attorney of conspiring
[01:34:23.080 --> 01:34:30.760]  to deprive you of due process. And you want this magistrate to perform his duty as prescribed
[01:34:30.760 --> 01:34:36.280]  by law and act as a magistrate and take your criminal complaint and act on it in accordance
[01:34:36.280 --> 01:34:43.160]  with the laws of the state of Mississippi. And when the judge tells you that he can't
[01:34:43.160 --> 01:34:51.280]  take your complaint, then if it were me, I would ask the bailiff to arrest the judge
[01:34:51.280 --> 01:34:56.760]  and then ask the judge to stand down from the bench. He is disqualified for committing
[01:34:56.760 --> 01:35:02.960]  criminal act, the criminal act of Ms. Fiesensen office on the bench and you now have reason
[01:35:02.960 --> 01:35:10.360]  to believe that the court is in concert and collusion with the prosecutor and your defense
[01:35:10.360 --> 01:35:17.480]  counsel for the purpose of forcing you to take a plea. Demand that he stand down and
[01:35:17.480 --> 01:35:21.720]  when he refuses, demand a continuance from them. It doesn't make any difference what
[01:35:21.720 --> 01:35:32.120]  they do because now you have really, really muddied the waters. See what happens from
[01:35:32.120 --> 01:35:43.120]  there. Anybody got any comments, Ken? Well, a lot of these things that you're going to
[01:35:43.120 --> 01:35:48.160]  do in open court, I would suggest that he prepares many of these as written documents
[01:35:48.160 --> 01:35:54.040]  and only use them at the point in time where they're appropriate. So, you know, there should
[01:35:54.040 --> 01:35:59.320]  be a list of what's going to happen, when it's going to happen, which document gets
[01:35:59.320 --> 01:36:05.280]  used. If the judge does the right thing, then you go ahead, put the motion, you know, the
[01:36:05.280 --> 01:36:09.960]  motion to disqualify the judge, you put that back in your folder and forget about it. But
[01:36:09.960 --> 01:36:14.360]  you just probably can't mold it. You're right, Ken. We also need a motion to disqualify
[01:36:14.360 --> 01:36:24.040]  the prosecutor. Right. All of this should be anticipated as motions and use the emotions
[01:36:24.040 --> 01:36:29.520]  at the appropriate point in time and file them in the open court only when it becomes
[01:36:29.520 --> 01:36:37.600]  necessary. And do everything you can to have witnesses in the courtroom. If you have friends
[01:36:37.600 --> 01:36:49.560]  that were sent to other local housing, see if you can get them to be in the courtroom.
[01:36:49.560 --> 01:36:59.560]  That way you have them available as a witness. I'm turning back on there. Hello. Go ahead,
[01:36:59.560 --> 01:37:05.600]  Jeff. Oh, I'm sorry. Just a question on the side. Well, two questions. I was trying to
[01:37:05.600 --> 01:37:10.000]  write down and I couldn't get it down fast enough. You can get it out of the archive,
[01:37:10.000 --> 01:37:13.520]  Jeff. At the end of the show tonight, the archive will get posted, so you can go back
[01:37:13.520 --> 01:37:20.120]  and listen to it. Oh, I got you. Just a question on the side, though, when the two bail bondsmen
[01:37:20.120 --> 01:37:24.520]  came out and looked just absolutely terrified and said that they were calling me a murderer
[01:37:24.520 --> 01:37:30.000]  and stuff. They said, but don't tell anybody because we don't want to get in trouble. Were
[01:37:30.000 --> 01:37:34.880]  they just playing along with the court or were they actually being friends and actually
[01:37:34.880 --> 01:37:40.400]  letting me in on the information? They were obviously playing along with the court. Demand
[01:37:40.400 --> 01:37:45.360]  that they be subpoenaed. Okay. They said, if you tell anybody, we're going to lose our
[01:37:45.360 --> 01:37:51.440]  job and I don't want to hurt good people. Whoa. No. You're talking about the wrong group
[01:37:51.440 --> 01:37:57.560]  if you're going to worry about hurting good people. Okay. Absolutely. They were not being
[01:37:57.560 --> 01:38:05.360]  your buddies. Oh, this was going along with it. I see. Absolutely. When you subpoenaed
[01:38:05.360 --> 01:38:13.200]  them, if they were lying, when you demand that your attorney subpoenaed them, everybody's
[01:38:13.200 --> 01:38:19.320]  going to get uncomfortable because when you're, when this bailman, bail bondsman's on the
[01:38:19.320 --> 01:38:31.320]  stand under oath, everything changes. Okay. Now his freedom is at risk. His bond license
[01:38:31.320 --> 01:38:38.960]  is the ability to do bonds is at risk. Okay. And doing this, do this during open court.
[01:38:38.960 --> 01:38:45.000]  Subpoena bail bonds during open court. Okay. If he doesn't agree to be a witness, you charge
[01:38:45.000 --> 01:38:57.680]  him as a co-conspirator in the scheme to deny you due process. All right. And you might
[01:38:57.680 --> 01:39:09.720]  look at filing a federal criminal complaint. Okay. Write down 18 U.S. Code 242. 242. Got
[01:39:09.720 --> 01:39:14.640]  it? Yeah. Pull that up and look at it. If they got a campus library, go pull down the
[01:39:14.640 --> 01:39:23.920]  annotations on it. Okay. And if a violation of 18 U.S. Code 242 opens the door for you
[01:39:23.920 --> 01:39:35.240]  to sue them in the federal court under 18 42 U.S. Code 1983. Those two statutes are the
[01:39:35.240 --> 01:39:47.400]  Ku Klux Klan Act of 1871. Okay. And that will get their attention. Okay. Thank you. Okay.
[01:39:47.400 --> 01:39:54.920]  Especially the bondsmen. Okay. Because they know that they're outside the system. And
[01:39:54.920 --> 01:39:59.520]  if that prosecutor and that judge starts getting in trouble, they'll throw these bondsmen to
[01:39:59.520 --> 01:40:08.560]  the wolves in a heartbeat. Okay. So a subpoena for these two guys, their girls, whichever
[01:40:08.560 --> 01:40:17.440]  they are, will get everybody's attention. Great. Great. This is quite an interesting
[01:40:17.440 --> 01:40:23.440]  ride I'm on. I have to say. In some sense, it's really scary, but in some sense, in other
[01:40:23.440 --> 01:40:31.440]  sense, it's so ridiculous. I kind of chuckle every once in a while. Yeah. And it's a standard
[01:40:31.440 --> 01:40:38.520]  procedure to force everybody to take a deal. Yes. Take that plea. They will throw them
[01:40:38.520 --> 01:40:45.240]  themselves in the floor to get you to take that plea. Exactly. I will let you guys move
[01:40:45.240 --> 01:40:48.840]  on. I certainly appreciate everything that you've done. And I'll give you a call back
[01:40:48.840 --> 01:40:57.360]  when it's over. Okay. Wonderful. If I get a call out of a Mississippi jail from a guy
[01:40:57.360 --> 01:41:04.840]  named Jeff, I'll say Jeff who? Yeah, I'll call you from the free or from doing time.
[01:41:04.840 --> 01:41:11.040]  Okay, Jeff. Jeff, I do have a friend who says he has a motion for a Dalbert's hearing
[01:41:11.040 --> 01:41:16.120]  if you would like for him to email it to you. Oh, absolutely. So if you will send me an
[01:41:16.120 --> 01:41:22.000]  email, I will forward it to you when he delivers it to me. Oh, you bet. Thank you. Okay. I'll
[01:41:22.000 --> 01:41:27.520]  look for that. Yes. Thanks a lot. All right. Please send me a contact email, eddie, eddie,
[01:41:27.520 --> 01:41:34.120]  at ruleoflawradio.com. And that's on the website, right? Yes. Okay. I'll look for it and I'll
[01:41:34.120 --> 01:41:39.200]  send that right away. Thanks, everybody. You guys have a great night. This is Ken chiming
[01:41:39.200 --> 01:41:46.280]  in at the end of this. You can take this offline. But the idea of prosecutors working with other
[01:41:46.280 --> 01:41:54.480]  attorneys in civil or in criminal cases is a very common thing I come across. It's like
[01:41:54.480 --> 01:41:59.240]  the 13th hour after the deal's been made. So I'm going to say this right now. Anytime
[01:41:59.240 --> 01:42:06.200]  somebody offers you a deal, you always get the paperwork. You never sign it then. You
[01:42:06.200 --> 01:42:10.360]  think about it. You got to sleep on it. You got to show it to someone else. Whatever the
[01:42:10.360 --> 01:42:18.000]  excuse is to get a copy of the blank paperwork. You never, ever sign a document without reading
[01:42:18.000 --> 01:42:23.960]  it completely. And I've seen plead deals like this done where they show you the last page
[01:42:23.960 --> 01:42:29.480]  and your attorney says sign here and the first three pages you allocated to everything short
[01:42:29.480 --> 01:42:35.360]  of the Kennedy assassination. Don't ever sign something without reading it completely and
[01:42:35.360 --> 01:42:42.440]  getting a copy then and there, if you agree. Don't wait for them to mail you a copy. Get
[01:42:42.440 --> 01:42:54.880]  a copy. Okay. Well, thanks, Ken. You're welcome. All right. All right. Thanks, guys. Bye-bye.
[01:42:54.880 --> 01:43:04.880]  Now we have Guy from Arkansas. Before we go to Ken, we'll take Guy. Guy, what do you
[01:43:04.880 --> 01:43:17.480]  got for us? Hey, good evening all. And another very compelling program. Randy, I talked with
[01:43:17.480 --> 01:43:23.400]  you last week that you're supposed to email me some samples of your emicus curie briefs
[01:43:23.400 --> 01:43:26.840]  and I haven't received them yet. So I just thought I'd let you know that you're probably
[01:43:26.840 --> 01:43:35.360]  busy and just need to find you about that. So okay, my bad. I forgot I will do that while
[01:43:35.360 --> 01:43:42.480]  during the break. Okay, this is Randy Kelton, Deborah Stevens, Eddie Craig, we have a radio.
[01:43:42.480 --> 01:43:46.080]  When we get back on the other side, we'll finish up with Guy and then we're going to
[01:43:46.080 --> 01:43:54.320]  go to Ken Magnuson. And he's going to talk to us about civil procedure. Okay. Thank you
[01:43:54.320 --> 01:43:59.920]  for listening and we'll be right back.
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[01:46:20.440 --> 01:46:28.000]  Hi folks, we are back. This is rule of law radio. This is our Friday night for our marathon.
[01:46:28.000 --> 01:46:36.040]  We have a little over two hours left in the show. Call in number is 512-646-1984. Right
[01:46:36.040 --> 01:46:41.040]  now we're going to go ahead and finish up with Guy and then we're going to go to Ken.
[01:46:41.040 --> 01:46:47.000]  All right, Guy, continue please. Okay, hey, not complaining here, Randy, just
[01:46:47.000 --> 01:46:50.480]  want to make that clear to you. I'm not complaining. I know you're a busy guy and I appreciate
[01:46:50.480 --> 01:46:57.240]  all that you're doing for everybody else. I don't let him fool you. He ain't that busy.
[01:46:57.240 --> 01:47:06.840]  I am looking through my folders for an amicus curia. I don't generally save a brief under
[01:47:06.840 --> 01:47:11.840]  amicus curia. I save it whatever the topic is. So I'll have to dig through a few of these
[01:47:11.840 --> 01:47:17.000]  to find them, but essentially all of the briefs are the same. There's just a section in the
[01:47:17.000 --> 01:47:22.360]  front that you need to be able to see where they notify the court that they're referring
[01:47:22.360 --> 01:47:27.400]  to the court so you know how they do that. I've been on the web. I've researched it
[01:47:27.400 --> 01:47:33.640]  to you off of the web, but I kind of like your style and that's why I wanted to take
[01:47:33.640 --> 01:47:40.200]  a look at yours. Oh, I've never done an amicus curia. I have
[01:47:40.200 --> 01:47:48.320]  some I've pulled down from research. Oh, okay. Okay. Well, okay, just real quick then and
[01:47:48.320 --> 01:47:55.240]  not to take up any more time. What would your suggestion be as far as the more particulars
[01:47:55.240 --> 01:48:04.560]  to be focused on as far as structuring such a thing? Okay. Brief me on the issue.
[01:48:04.560 --> 01:48:14.400]  Hello. I'm sorry. The issue was, again, last week I talked with you last Friday about
[01:48:14.400 --> 01:48:18.440]  how they're attacking the scooter people around here for driving without a license when you
[01:48:18.440 --> 01:48:27.040]  don't need a license to drive a 40-50 cc under scooter. And the guy that I'm trying to help
[01:48:27.040 --> 01:48:34.960]  out here. Okay, good. That's what I needed. Ken. Yes. This is one of those scooters that
[01:48:34.960 --> 01:48:44.880]  fall below the minimum. I was on the ball then. I remember this. Okay. So they're trying
[01:48:44.880 --> 01:48:54.120]  to enforce a law that doesn't apply. What specifically, how specifically should I research
[01:48:54.120 --> 01:49:03.480]  this issue? I would find all of the, this is, this is like you're representing the interest
[01:49:03.480 --> 01:49:09.160]  of the public in general. You don't write it that way, but it's kind of like, why aren't
[01:49:09.160 --> 01:49:13.800]  we wasting our time with this? Here's the law. Here's the statute. Here's what he's
[01:49:13.800 --> 01:49:21.880]  been charged with with copies of the tickets. And clearly the court, the court has no jurisdiction
[01:49:21.880 --> 01:49:26.400]  over the issue. Yeah. Well, that's the other thing that I've realized is that this is an
[01:49:26.400 --> 01:49:30.120]  administrative court, not a criminal court. He's being charged criminally. And so therefore
[01:49:30.120 --> 01:49:39.760]  he's not being given his due process, right? Well, you're going to have to look at in Arkansas
[01:49:39.760 --> 01:49:46.800]  what the statutes are regarding the administrative courts and what actual jurisdiction they have.
[01:49:46.800 --> 01:49:52.520]  The issue is, if there wasn't a crime. Okay. I think you're in Illinois, aren't you, guy?
[01:49:52.520 --> 01:50:02.200]  I'm in Arkansas. He's right here. Okay. Yeah. And the other thing here is, when you know
[01:50:02.200 --> 01:50:12.560]  what I get a mind gap here, is the fact that the cop arrested him. Well, I've got the statutes
[01:50:12.560 --> 01:50:19.600]  and the statutes clearly state that, you know, you don't need a license to operate these
[01:50:19.600 --> 01:50:27.520]  vehicles. And obviously the cop arrested him and actually he had to bail out. He had to
[01:50:27.520 --> 01:50:32.040]  pull a $600 bond. He had to pay 60 bucks to get a bond and then bail him out and all.
[01:50:32.040 --> 01:50:39.240]  And the whole thing is, is that the cop was totally out of his authority to do such a
[01:50:39.240 --> 01:50:46.960]  thing on strictly number one, an administrative issue, okay, which was running below in a
[01:50:46.960 --> 01:50:50.560]  stop sign. Basically, he said he blew a stop sign, which gave him the probable cause to
[01:50:50.560 --> 01:50:57.240]  pull him over. And then when he ran his information, he was out of suspended license, which is
[01:50:57.240 --> 01:51:00.720]  why he got the scooter in the first place is because you don't need to be licensed to
[01:51:00.720 --> 01:51:05.000]  drive a scooter to get up and back to work from. Okay. So one of the things you need
[01:51:05.000 --> 01:51:09.680]  to definitely check on is whether or not a suspended license applies to whether or not
[01:51:09.680 --> 01:51:14.520]  you can drive even these vehicles. Make sure there's, you're not, something isn't falling
[01:51:14.520 --> 01:51:19.400]  through the crack on your theory. Make sure that there's no special, you got to look up
[01:51:19.400 --> 01:51:24.280]  what a suspended license says. You may do this, you may not do this, whatever it is,
[01:51:24.280 --> 01:51:29.320]  you need to make sure that it doesn't include the scooters or all of your arguments are
[01:51:29.320 --> 01:51:36.600]  going to be kind of... Well, here's a little tip that here, it actually defines what a,
[01:51:36.600 --> 01:51:44.400]  you know, basically what we call in layman's term a scooter, they call a motorized cycle.
[01:51:44.400 --> 01:51:52.680]  And the motorized cycle is defined as a 50 cc motorized bicycle of 50 cc's and under.
[01:51:52.680 --> 01:51:57.200]  So that's clearly defined. Okay. Right. But you still haven't told me whether
[01:51:57.200 --> 01:52:03.720]  or not you've looked under the statute regarding suspended driver's license. Yeah. The issue
[01:52:03.720 --> 01:52:06.760]  there is to make sure that you haven't missed something.
[01:52:06.760 --> 01:52:13.720]  Well, here again too, you know, under the definitions and stuff, when you go into licensing,
[01:52:13.720 --> 01:52:19.600]  they always, they have the definitions of what the licensing is required and motorized
[01:52:19.600 --> 01:52:26.360]  cycles are not listed. And even the chief of police here says, oh, well, if it had pedals,
[01:52:26.360 --> 01:52:31.640]  it would be okay. Well, you know, that was just a crack of BS there, of course.
[01:52:31.640 --> 01:52:38.800]  Okay. You still evaded my issue. My issue is to make sure that they haven't said that
[01:52:38.800 --> 01:52:46.760]  it's a suspended license for whatever reason, doesn't imply more restrictions than just
[01:52:46.760 --> 01:52:51.960]  licensed vehicles. Okay. Well, I definitely will check the...
[01:52:51.960 --> 01:52:56.200]  I'm not expecting to see anything there, but this is an example of making sure you
[01:52:56.200 --> 01:53:02.320]  dot every I cross every T. If there's something out there that's obscure that says, oh, and
[01:53:02.320 --> 01:53:09.120]  by the way, if you got convicted of this crime or that crime and you have a suspended license,
[01:53:09.120 --> 01:53:18.040]  you may not do this. And I've seen every now and then come across statutes that are disjunct,
[01:53:18.040 --> 01:53:25.160]  you know, not contiguous with the code that they're in. And it's something off the side.
[01:53:25.160 --> 01:53:28.520]  And you don't want to miss that because that could be important.
[01:53:28.520 --> 01:53:36.960]  Now, let me ask you this. The amicai curie brief is filed in the district court, is that
[01:53:36.960 --> 01:53:37.960]  correct?
[01:53:37.960 --> 01:53:43.880]  No, you file it to whatever court the hearing is in. It's an argument to the judge as to
[01:53:43.880 --> 01:53:46.320]  why not to proceed. Or whatever.
[01:53:46.320 --> 01:53:50.440]  It's not the amicai curie brief. It goes to the next judge up.
[01:53:50.440 --> 01:53:51.440]  No.
[01:53:51.440 --> 01:53:57.400]  And it goes to the next judge up. It doesn't go to the judge that's actually ruling on
[01:53:57.400 --> 01:54:02.960]  the kind of case. It goes to the next judge up. That's the way that I carry brief.
[01:54:02.960 --> 01:54:07.760]  Okay, because I haven't done an amicus brief in court, but I've stood up and approached
[01:54:07.760 --> 01:54:12.520]  the benches in amicus curie, which is basically the same thing. Only it's not writing. It's
[01:54:12.520 --> 01:54:18.120]  an open court. You do it in the court you're in. The idea is to persuade that judge that
[01:54:18.120 --> 01:54:23.000]  another is going on. What you're talking about sounds more like a mandamus to compel a lower
[01:54:23.000 --> 01:54:28.280]  court judge to dismiss something if a motion was filed and the judge just isn't responding
[01:54:28.280 --> 01:54:31.280]  to that motion and has the duty to perform.
[01:54:31.280 --> 01:54:32.280]  Nope.
[01:54:32.280 --> 01:54:38.080]  That would be a mandamus. I can't think of it. The only time a amicus brief, amicus briefs
[01:54:38.080 --> 01:54:43.040]  are common when filed in the court that's going to hear something. You hear amicus briefs
[01:54:43.040 --> 01:54:46.680]  all the time being filed with the supreme court, but you can't file it to another court
[01:54:46.680 --> 01:54:51.120]  above it. There is no court above it. It's only that court. It hasn't heard the issue
[01:54:51.120 --> 01:54:56.200]  and you're making an argument on the issue. You want to file it in the court that's there.
[01:54:56.200 --> 01:55:00.880]  Unless the statute Narcissus says something different, I would be very surprised that
[01:55:00.880 --> 01:55:01.880]  it does.
[01:55:01.880 --> 01:55:09.520]  Okay. I'll check my local rules on where to file the curie briefs at. I had one more
[01:55:09.520 --> 01:55:18.280]  question on this briefing. What's the chance that once I filed the curie brief that it
[01:55:18.280 --> 01:55:22.720]  could reverse the situation and get it thrown out?
[01:55:22.720 --> 01:55:29.800]  It's a good chance. Assuming that all of our points are in our favor.
[01:55:29.800 --> 01:55:33.800]  What is more likely if you filed an amicus corpus?
[01:55:33.800 --> 01:55:41.040]  To have charged him with something that's not a crime and the best way to get that
[01:55:41.040 --> 01:55:45.240]  heard would be with amicus corpus. This is what amicus corpus is for.
[01:55:45.240 --> 01:55:51.240]  The fact that they had him bombed out, he's been restricted of his liberties. This is
[01:55:51.240 --> 01:55:53.240]  exactly amicus corpus issue.
[01:55:53.240 --> 01:55:59.280]  Well, very good. Then we'll file amicus corpus on that as well. Of course, we file it in
[01:55:59.280 --> 01:56:00.280]  the same court.
[01:56:00.280 --> 01:56:07.400]  Yes. You need to check to see if in Mississippi any person can file amicus corpus.
[01:56:07.400 --> 01:56:08.400]  He's in Arkansas.
[01:56:08.400 --> 01:56:11.400]  I'm sorry, Arkansas.
[01:56:11.400 --> 01:56:19.720]  Well, either way, I mean, he can file it for himself or I can. Well, you said a third
[01:56:19.720 --> 01:56:24.600]  party can file amicus corpuses.
[01:56:24.600 --> 01:56:27.120]  Have to look at the state statutes.
[01:56:27.120 --> 01:56:28.120]  Okay.
[01:56:28.120 --> 01:56:31.400]  It says that in Texas.
[01:56:31.400 --> 01:56:32.400]  Yeah.
[01:56:32.400 --> 01:56:36.120]  I don't know if it says that in Arkansas.
[01:56:36.120 --> 01:56:42.840]  Tell you what, I'll let you know. I'll keep you all informed on how this proceeds and
[01:56:42.840 --> 01:56:45.480]  thank you for your time. Both of you. Thank you.
[01:56:45.480 --> 01:56:49.320]  Okay. I'm doing a little research. See if I can find something on point. If I can find
[01:56:49.320 --> 01:56:51.320]  it, I'll send it to you.
[01:56:51.320 --> 01:56:52.320]  Okay.
[01:56:52.320 --> 01:56:56.520]  Y'all have a good night. I'll open up the phone for other people. Thank you.
[01:56:56.520 --> 01:56:58.960]  Thank you, Doug. Okay, Ken.
[01:56:58.960 --> 01:56:59.960]  Yeah.
[01:56:59.960 --> 01:57:07.880]  We wanted you to go to your next topic on civil procedure.
[01:57:07.880 --> 01:57:13.760]  Okay. The one thing that I'm going to make a comment where we're coming across some of
[01:57:13.760 --> 01:57:18.040]  these criminal things and some of the things going on out there in the courts, it would
[01:57:18.040 --> 01:57:24.080]  appear that because jurisdictions and municipalities and counties are down in budget money across
[01:57:24.080 --> 01:57:31.560]  the country that it looks like more and more finagling in the court. I'm going to use finagling
[01:57:31.560 --> 01:57:38.520]  but in flat out it's violation of constitutional rights in order to get to generate revenue
[01:57:38.520 --> 01:57:43.680]  and this is a bad thing. If you think it smells bad, you need to fight it. You need to do
[01:57:43.680 --> 01:57:49.720]  the research. You need to find out what your rights are and make sure that you protect
[01:57:49.720 --> 01:57:54.280]  them and that goes through the civil process as well, which is what I'm specializing in
[01:57:54.280 --> 01:57:59.800]  and in Texas. We're going to go up to the next process. I don't think last time when
[01:57:59.800 --> 01:58:03.640]  I was reading the table of contents that I actually got through the table of contents
[01:58:03.640 --> 01:58:11.920]  because we got buzzed out for the segment. I'm going to go through it again just so
[01:58:11.920 --> 01:58:17.760]  everybody gets it. The introduction which I read last time, clerks, Texas courts, Texas
[01:58:17.760 --> 01:58:25.360]  rules professionals and here we go again. Okay, that annoying music. Yeah, we'll come
[01:58:25.360 --> 01:58:31.080]  back and I'll go through this from the beginning again. Okay, we'll be back. This is the top
[01:58:31.080 --> 01:58:36.480]  of the hour break. This is Randy Kelton, Debbie Stephens, and Craig. The phone lines are
[01:58:36.480 --> 01:58:43.040]  open. Call in. Get in the queue. Things generally start to build up toward the end of the show.
[01:58:43.040 --> 01:58:48.440]  We're going into the second hour, so Ken is going to give you a lot of things to ask questions
[01:58:48.440 --> 01:58:54.600]  about. This is Randy Kelton, Debbie Stephens, Eddie Craig, rule of law radio. We'll be
[01:58:54.600 --> 01:59:00.280]  right back on the other side.
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