[00:00.000 --> 00:07.320]  This is the Liberty Beat, your daily source for Liberty News and activist updates online
[00:07.320 --> 00:08.320]  at TheLibertyBeat.com.
[00:08.320 --> 00:13.640]  I'm Brian Hagen with your Liberty Beat for Thursday, July 17, 2014.
[00:13.640 --> 00:16.200]  Gold opens today at $1,303.
[00:16.200 --> 00:22.360]  Silver opens at $20 and needs to use cents, and Bitcoin is trading at $617.27.
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[00:47.760 --> 00:50.760]  That's 844-248-6246.
[00:50.760 --> 00:55.360]  In the news, the Texas Department of Public Safety is now taking full sets of fingerprints
[00:55.360 --> 01:00.960]  from every Texan old enough to drive, adding them to a statewide criminal history database.
[01:00.960 --> 01:05.520]  Critics say the move is illegal, arguing DPS is misinterpreting a section of the transportation
[01:05.520 --> 01:10.240]  code that allows an applicant's thumb prints or fingerprints to be used for verification.
[01:10.240 --> 01:15.360]  Dallas Morning News columnist Dave Lever also broke the story and says the law is intended
[01:15.360 --> 01:20.440]  to allow only thumbs and index fingerprints to be taken, not the entire set.
[01:20.440 --> 01:24.760]  Donald Jackson, a political science professor at Texas Christian University, is offering
[01:24.760 --> 01:29.560]  legal support to anyone wishing to challenge the new policy in court.
[01:29.560 --> 01:34.800]  The New York Police Department has been hit with a First Amendment lawsuit after a woman
[01:34.800 --> 01:38.960]  alleged her rights were violated when she tried to record police activity last September
[01:38.960 --> 01:41.040]  on the Upper West Side in New York.
[01:41.040 --> 01:45.520]  Plaintiff Deborah Goodman was allegedly pushed by officers and detained for more than 24
[01:45.520 --> 01:46.520]  hours.
[01:46.520 --> 01:49.880]  Goodman also said officers grabbed her arm and handcuffed her after refusing to provide
[01:49.880 --> 01:50.880]  ID.
[01:50.880 --> 01:55.960]  The lawsuit asked a judge to force the NYPD to allow onlookers to record police publicly,
[01:55.960 --> 02:03.160]  as reported by WCBS TV, the NYPD declined requests for comment.
[02:03.160 --> 02:08.600]  The Obama administration is allocating $50 million towards a luxury Texas hotel equipped
[02:08.600 --> 02:13.880]  with various amenities with intentions to use a resort for housing undocumented children.
[02:13.880 --> 02:18.480]  Baptist Child and Family Services has been contracted to purchase the Palmer Resort and
[02:18.480 --> 02:24.000]  Hotel in Westlaco, a town a few miles north of the Rio Grande in Hidalgo County.
[02:24.000 --> 02:30.000]  KRGV reports the site will house up to 600 children aged 12 to 17 and create jobs for
[02:30.000 --> 02:31.760]  650 people.
[02:31.760 --> 02:36.320]  The charity group said the resort would function as an intake facility and also a hospital.
[02:36.320 --> 02:40.920]  Support for Liberty Beat comes from Affordable Sound, CD and DVD duplication along with posters
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[02:47.440 --> 02:53.240]  Online at affordablesound.com or call them up at 512-459-5253.
[02:53.240 --> 02:57.320]  This is the Liberty Beat for Thursday, July 17, 2014.
[02:57.320 --> 03:27.280]  Check out the website at thelibertybeat.com.
[03:27.320 --> 03:48.120]  Okay, we are back, Randy Kelton, C.C. Moore with our radio and it looks like Darlene dropped
[03:48.120 --> 03:55.680]  off but we talked yesterday about the statement of facts and when I'm talking to someone about
[03:55.680 --> 04:04.160]  their issue, I generally talk about timeline because timeline is easier to understand the
[04:04.160 --> 04:07.600]  mechanics of what a statement of facts is.
[04:07.600 --> 04:15.200]  If I say statement of facts, I tend to get a lot of argument and a lot of opinion.
[04:15.200 --> 04:19.680]  If I say timeline, then we just say, oh, this time, this happened, this time, this happened.
[04:19.680 --> 04:24.080]  It's easier to understand the mechanics of it, the statement of facts.
[04:24.080 --> 04:32.000]  Somebody who has a legal issue should create and maintain a statement of facts.
[04:32.000 --> 04:35.400]  It will be absolutely invaluable to you.
[04:35.400 --> 04:42.200]  Okay, we are going to go to Mark in Wisconsin.
[04:42.200 --> 04:43.200]  Hello, Mark.
[04:43.200 --> 04:44.200]  Hello there, Mr. Kelton.
[04:44.200 --> 04:45.200]  Hello there, Mr. Skidmore.
[04:45.200 --> 04:46.200]  Hello there, Mark.
[04:46.200 --> 04:51.200]  I know you have been causing trouble.
[04:51.200 --> 04:56.760]  Oh, you know, because I've been mailing you and emailing you the trouble.
[04:56.760 --> 05:01.560]  But I want Mr. Skidmore to take out that pen that he used to mark the calendar and mark
[05:01.560 --> 05:04.440]  it the second time.
[05:04.440 --> 05:06.440]  Does someone else is listening?
[05:06.440 --> 05:10.920]  Oh my God, this is unprecedented.
[05:10.920 --> 05:15.080]  He might get a trifecta tonight if you're lucky.
[05:15.080 --> 05:16.080]  It's a trifecta.
[05:16.080 --> 05:17.080]  I don't...
[05:17.080 --> 05:18.080]  One of the...
[05:18.080 --> 05:20.080]  Let's not push our luck.
[05:20.080 --> 05:25.480]  Well, you know, listeners were motivated, but...
[05:25.480 --> 05:27.760]  What do you got there, Mark?
[05:27.760 --> 05:33.840]  Well, one of the things that Mr. Kelton has repeated over and over from the We use People
[05:33.840 --> 05:38.480]  Radio Networking to present is it will pop up.
[05:38.480 --> 05:44.160]  The courts are trying to educate us, and so I said to myself and self said back, yeah,
[05:44.160 --> 05:46.160]  why are you talking to me?
[05:46.160 --> 05:54.520]  And I said, fine, I'm going to my amicus briefs that were filed as a third-party amicus brief.
[05:54.520 --> 05:59.480]  Let me guess, the self said because I'm the only one willing to listen.
[05:59.480 --> 06:01.680]  Well, you're listening.
[06:01.680 --> 06:02.680]  I am.
[06:02.680 --> 06:03.680]  Go ahead.
[06:03.680 --> 06:04.680]  Amicus curate.
[06:04.680 --> 06:05.680]  Amicus curate brief.
[06:05.680 --> 06:15.560]  And it was rejected because, well, politically speaking, the other lawyer who filed the appeal
[06:15.560 --> 06:20.000]  said I'm not doing this anymore, and of course the court wanted the whole thing dead, so
[06:20.000 --> 06:25.200]  they got to clear the thing, and clearing my amicus brief makes it go away.
[06:25.200 --> 06:26.200]  Great.
[06:26.200 --> 06:27.200]  I understand.
[06:27.200 --> 06:32.280]  But I wrote a letter to the court, the appeals court, and said, you know, I need to find
[06:32.280 --> 06:37.920]  out what was wrong with my amicus brief, technically speaking, and, you know, would it trouble
[06:37.920 --> 06:41.640]  the court too much to tell me what I did wrong?
[06:41.640 --> 06:49.200]  And lo and behold, comment, letter received from me, RE, analyst of amicus brief filed,
[06:49.200 --> 06:56.480]  and reply from the court detailing areas for improvement.
[06:56.480 --> 07:01.800]  The court done suspant that apparently said in the letter telling me how to improve my
[07:01.800 --> 07:04.880]  filings.
[07:04.880 --> 07:05.880]  That is wonderful.
[07:05.880 --> 07:06.880]  Okay.
[07:06.880 --> 07:10.280]  This is a certain kind of magic.
[07:10.280 --> 07:16.320]  Harman Taylor, that was one of the things that struck me when I first talked to Harman
[07:16.320 --> 07:23.760]  Taylor is he had been a lawyer, but he gave up his spark art in disgust.
[07:23.760 --> 07:30.720]  But that's what he always said about the courts, is that they were always teaching us, and
[07:30.720 --> 07:41.920]  when he spoke about a decision, he would say the courts are instructed us thusly.
[07:41.920 --> 07:48.640]  When he participated in the Terry McFay hearings and such, he filed some documents in that
[07:48.640 --> 07:50.140]  case.
[07:50.140 --> 07:57.680]  He said that the courts hit him with a padded two by four.
[07:57.680 --> 08:04.400]  And when they rejected his pleading, they explained to him precisely why they did it.
[08:04.400 --> 08:10.240]  And he considered everything that the courts did as instructions.
[08:10.240 --> 08:11.440]  So this is good to hear.
[08:11.440 --> 08:15.360]  So did they give you a good analysis?
[08:15.360 --> 08:19.320]  I haven't actually gotten the letter yet, so I don't know.
[08:19.320 --> 08:25.240]  But I'm certain I'll scan in a copy for you and mail it to you, Mr. Kelton, so you can
[08:25.240 --> 08:28.160]  look at it for your own edification.
[08:28.160 --> 08:31.360]  And feel free to share with whomever you might wish.
[08:31.360 --> 08:41.120]  Well, Mark, if I might comment on that, the times that I have been to court, I have had
[08:41.120 --> 08:47.040]  my behind handed to me, and I've been able to hand it back.
[08:47.040 --> 08:53.400]  But those who have handed it to me, I've noted that they politely hand me my behind.
[08:53.400 --> 08:59.360]  And they usually give, I don't want to go so far as to say instruction.
[08:59.360 --> 09:05.840]  The word instruction may be a little strong.
[09:05.840 --> 09:12.000]  But what the court will generally do is show me examples of what I've done and what I should
[09:12.000 --> 09:16.960]  never do again.
[09:16.960 --> 09:21.760]  Does that fall in line with your experiences in court?
[09:21.760 --> 09:29.800]  Well, my experiences in court have been in the Little League, Know Nothing Beach Bump
[09:29.800 --> 09:37.560]  Pro, save a lot of small claims stuff, ranging from a judge or an administrator saying, I
[09:37.560 --> 09:39.000]  don't really care anymore.
[09:39.000 --> 09:42.360]  I'm finding for the electric company.
[09:42.360 --> 09:47.800]  And then six days later, after getting a judgment, the electric company pulled the case.
[09:47.800 --> 09:53.520]  And I went downstairs to file my appeal, and I didn't know the case was pulled.
[09:53.520 --> 10:00.600]  There were various and sundry people from the clerk of the courts, five of them gathered
[10:00.600 --> 10:07.480]  around to look at me and go, we've never seen a judgment for the electric company where
[10:07.480 --> 10:10.000]  they drop it after they get the judgment.
[10:10.000 --> 10:15.240]  Apparently, I was a minor celebrity for that moment.
[10:15.240 --> 10:21.520]  The small claims judge ultimately getting removed, and the new guy getting it in my
[10:21.520 --> 10:28.360]  other case, they really just kind of went, oh, well, why don't we make him to go away?
[10:28.360 --> 10:36.000]  But this was also me asking an appellate court, and falling in line with, as Mr. Kelton pointed
[10:36.000 --> 10:39.560]  out, what Carmen Taylor had said.
[10:39.560 --> 10:46.240]  Now, this move, moving on to another topic, I know that we're all supposed to write tort
[10:46.240 --> 10:47.240]  letters.
[10:47.240 --> 10:52.680]  And I asked the question of myself, hey, how do I run into a problem with a tort letter
[10:52.680 --> 10:56.160]  where it can get me into trouble with my big mouth?
[10:56.160 --> 11:03.320]  And apparently, you can go ahead and get yourself in trouble with charges of extortion, if you're
[11:03.320 --> 11:04.320]  not careful.
[11:04.320 --> 11:05.320]  Yes.
[11:05.320 --> 11:10.520]  But on the state level, the Hobbes Act apparently protects you, but on the state level, it looks
[11:10.520 --> 11:15.600]  like the states are all over, and it appears that the best letter that you can write is
[11:15.600 --> 11:18.520]  pay or be sued and put a period.
[11:18.520 --> 11:25.120]  The analysis I have is anything with a comma, and you telling them a parade of horribles
[11:25.120 --> 11:28.680]  that will occur will get you into trouble.
[11:28.680 --> 11:32.440]  And I don't remember ever hearing that mentioned with the tort letters, so I thought I'd bring
[11:32.440 --> 11:35.520]  it up and see what commentary you all have.
[11:35.520 --> 11:37.720]  That's a very good point.
[11:37.720 --> 11:40.960]  That is a very good point.
[11:40.960 --> 11:48.040]  I suggest that when you write a tort letter, you write your lawsuit.
[11:48.040 --> 11:56.280]  You give us a statement of the situation, you give a statement of facts, then you give
[11:56.280 --> 12:02.560]  an argument in support of your facts, and then you maintain that because of the above,
[12:02.560 --> 12:10.680]  I've been harmed in this amount, make me hold or be sued.
[12:10.680 --> 12:18.440]  Just like it's going to look like when you file it in court with a couple of minor adjustments.
[12:18.440 --> 12:22.520]  Instead of a prayer, you give a demand.
[12:22.520 --> 12:26.080]  Instead of a court heading, you give a business letter heading.
[12:26.080 --> 12:30.680]  The rest of it looks just like a lawsuit.
[12:30.680 --> 12:37.880]  When the legal department gets this tort letter, they're going to say, this guy's not kidding.
[12:37.880 --> 12:40.880]  He is going to sue us because he already wrote it.
[12:40.880 --> 12:44.080]  He's already got the plating and he sent us a copy.
[12:44.080 --> 12:53.720]  Yes, that is giving him a heads up, but if you have good grounds and you write a good
[12:53.720 --> 12:58.880]  pleading, they're going to do a cost benefit analysis on that.
[12:58.880 --> 13:04.680]  What is it going to cost us to fight this guy versus what is it going to cost to give
[13:04.680 --> 13:08.280]  him what he wants to make him go away?
[13:08.280 --> 13:15.440]  If the scales tip to pay him off and get rid of him, let's save the company's reputation,
[13:15.440 --> 13:16.440]  do the right thing.
[13:16.440 --> 13:17.440]  Okay, great.
[13:17.440 --> 13:18.440]  You win.
[13:18.440 --> 13:30.520]  Now, publicity, et cetera, for the case, again, seems to be a bit over the map.
[13:30.520 --> 13:38.400]  There's a Michellek versus financial indemnity in California where a gentleman didn't like
[13:38.400 --> 13:42.320]  the fact that his case information was publicized.
[13:42.320 --> 13:48.720]  That's a good one.
[13:48.720 --> 13:49.720]  Keep it private, huh?
[13:49.720 --> 13:52.240]  I want it sealed when I file it.
[13:52.240 --> 13:55.200]  No, sorry, Val, that doesn't work.
[13:55.200 --> 13:59.120]  That's evidence that the courts are public.
[13:59.120 --> 14:00.880]  We don't want private courts.
[14:00.880 --> 14:04.680]  Be careful what you ask for, folks.
[14:04.680 --> 14:10.160]  I was thinking to myself, because this is ultimately going to lawyer regulation my next
[14:10.160 --> 14:15.760]  go-around, I'm thinking to myself again, so how do I create that political...
[14:15.760 --> 14:18.760]  Do you talk to yourself a lot?
[14:18.760 --> 14:22.200]  I kind of sit down here and...
[14:22.200 --> 14:23.200]  I do that, but...
[14:23.200 --> 14:24.200]  I don't.
[14:24.200 --> 14:28.200]  I'd like to talk to intelligent people.
[14:28.200 --> 14:32.000]  Besides, I'm the only one who listened.
[14:32.000 --> 14:37.840]  I don't talk to myself because myself is very argumentative.
[14:37.840 --> 14:40.840]  Which frustrates me to no end to speak to myself.
[14:40.840 --> 14:50.000]  Well, and I've been told by a federal attorney, somebody working in the federal attorney general's
[14:50.000 --> 15:00.680]  office that I perhaps am too glib, but I'm thinking to myself, what does it say about
[15:00.680 --> 15:01.680]  lawyers?
[15:01.680 --> 15:06.560]  In Wisconsin here, there's a number 11 and number 12.
[15:06.560 --> 15:08.280]  Number 12, I'll hit first.
[15:08.280 --> 15:11.840]  The League of Professions Relative Autonomy carries with it a spectrum.
[15:11.840 --> 15:13.240]  What are we reading out of?
[15:13.240 --> 15:19.920]  I'm reading out of the Wisconsin Supreme Court rules number 20 that talks about the self-governance
[15:19.920 --> 15:22.040]  and the governance of lawyers.
[15:22.040 --> 15:23.040]  Thank you, sir.
[15:23.040 --> 15:24.040]  All right.
[15:24.040 --> 15:28.200]  The profession has a responsibility to assure its regulations are conceived in the public
[15:28.200 --> 15:32.320]  interest and not further the patriarchal self-interest concerns in the bar.
[15:32.320 --> 15:37.000]  Every lawyer is responsible for observance of the professional rules of professional
[15:37.000 --> 15:38.000]  conduct.
[15:38.000 --> 15:43.520]  A lawyer should also aid in securing their observance by other lawyers.
[15:43.520 --> 15:47.680]  Negligence, decisiveness, compromising, professional profession, and public interest will be served.
[15:47.680 --> 15:52.040]  And then the paragraph above it, number 11, to the extent lawyers meet the obligations
[15:52.040 --> 15:58.880]  of professional calling, they have the occasion for the government regulation is obligatory.
[15:58.880 --> 16:00.880]  No, obligated.
[16:00.880 --> 16:12.080]  Self-regulation also maintains a legal profession, self-regulation also maintains a legal profession
[16:12.080 --> 16:13.960]  that's dependent from government domination.
[16:13.960 --> 16:18.320]  An independent legal profession is an important force on the government law for abusive authorities,
[16:18.320 --> 16:22.560]  even more ready to challenge a professional member who is not dependent on government
[16:22.560 --> 16:23.560]  for the right to practice.
[16:23.560 --> 16:32.080]  So what I was thinking is, Wisconsin's got two different defined August law colleges.
[16:32.080 --> 16:39.960]  I was thinking about mailing each and every one of those members, my issues, and demand
[16:39.960 --> 16:44.040]  the aid in securing their observance.
[16:44.040 --> 16:48.360]  I smell what you're stepping in, but we can't talk about it much until we get back from
[16:48.360 --> 16:49.360]  this break.
[16:49.360 --> 16:55.160]  So, number 112-646-1984 folks is the number to dial, Danny we see you there, Mark we'll
[16:55.160 --> 16:58.680]  be right back, hold that thought, you're listening to the rule of law radio, we'll be right
[16:58.680 --> 17:00.680]  back.
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[19:14.000 --> 19:21.360]  to you. Only the father can deliver you. Don't let bad mind people hurt you. I'm just
[19:21.360 --> 19:28.360]  sitting there and getting behind you. You know what I mean? My friend. And I'll judge you.
[19:28.360 --> 19:29.360]  Come on.
[19:29.360 --> 19:36.600]  Trust me, don't hurt me crazy. Telling you a problem every day. Calling his name once a
[19:36.600 --> 19:45.080]  day. Here we go. You know he won't stay in. Trust me, don't hurt me crazy. Telling you a problem every
[19:45.080 --> 19:50.680]  day. Calling his name once a day. Here we go.
[19:50.680 --> 19:57.880]  Okay, we are back. Randy Kelvin, Steve Skidmore, we move our radio, and we're talking to Mark
[19:57.880 --> 19:58.620]  in Wisconsin.
[19:58.620 --> 20:04.880]  And before we go back to Mark in Wisconsin, folks, 512-646-1984,
[20:04.880 --> 20:10.240]  1986, 1984 is a call-in line, not a listener line.
[20:10.240 --> 20:15.120]  We actually don't have a listener line, but chances are if you use the same phone that
[20:15.120 --> 20:20.520]  you're calling into the listener line to listen to the radio station, you could probably
[20:20.520 --> 20:27.240]  download Shoutcast and pick it up there.
[20:27.240 --> 20:28.240]  There you go.
[20:28.240 --> 20:38.840]  You can tune in to go to Logos Radio and pull the stream, but please, please, please reserve
[20:38.840 --> 20:44.800]  the call-in number for comments and questions.
[20:44.800 --> 20:45.800]  That's all I got.
[20:45.800 --> 20:46.800]  Thank you.
[20:46.800 --> 20:49.800]  That's our public service announcement for the evening.
[20:49.800 --> 20:54.000]  Okay, Mark, where were we?
[20:54.000 --> 20:59.880]  I believe Mr. Skidmore was going to tell me about Steppen and something because I pointed
[20:59.880 --> 21:05.720]  out that the lawyers have a right, or a lawyer should aid in securing the observance of the
[21:05.720 --> 21:14.880]  rules of conduct by other lawyers, and every lawyer has that responsibility for observance.
[21:14.880 --> 21:19.360]  Every lawyer is responsible for the observance of rules of professional conduct.
[21:19.360 --> 21:23.600]  That's what sparked my interest right there because the rules of professional conduct
[21:23.600 --> 21:28.160]  are vast and strict.
[21:28.160 --> 21:32.240]  Anybody going into court, whether they're representing them, well, I don't like to say
[21:32.240 --> 21:38.600]  representing them, so, whether they're going in with representative counsel or going in
[21:38.600 --> 21:50.120]  bareback or pro se pro per, study, study, study, study those rules of professional conduct
[21:50.120 --> 21:54.160]  and pay very close attention, memorize them if you can.
[21:54.160 --> 22:00.280]  The rules of professional conduct in relation to any other body of statute or civil or criminal
[22:00.280 --> 22:07.080]  rules is minuscule, very brief, very concise, very short and sweet.
[22:07.080 --> 22:15.320]  Once you commit some of these idioms to memory and you go in against a seasoned lawyer, you
[22:15.320 --> 22:22.160]  will be taking notes throughout the entire proceeding because none of those lawyers
[22:22.160 --> 22:27.960]  have really studied up as well as you are on the rules of professional ethics or rules
[22:27.960 --> 22:35.280]  of professional conduct, and they tend to violate them every time they step into court.
[22:35.280 --> 22:39.480]  Let me tell you a really quick story about that.
[22:39.480 --> 22:45.200]  Years ago, I was in court where they were, where I was being prosecuted because of Sheriff's
[22:45.200 --> 22:48.800]  Deputy tried to kill me, and they prosecuted me.
[22:48.800 --> 22:50.200]  Can you imagine that?
[22:50.200 --> 22:56.120]  I don't know, I was nice.
[22:56.120 --> 23:02.920]  I got the prosecutor on the stand and asked him if he was an ethical attorney.
[23:02.920 --> 23:05.200]  He considered himself an ethical attorney.
[23:05.200 --> 23:06.760]  Yes, Mr. Kelton, I do.
[23:06.760 --> 23:11.800]  I said, Mr. Hale, were you aware that there were other witnesses to this incident?
[23:11.800 --> 23:13.200]  Yes, Mr. Kelton, I was.
[23:13.200 --> 23:14.640]  Did you talk to any of those witnesses?
[23:14.640 --> 23:16.040]  No, I did not.
[23:16.040 --> 23:18.160]  Well, why didn't you?
[23:18.160 --> 23:21.840]  Well, Mr. Kelton, I didn't believe your version of the story.
[23:21.840 --> 23:23.840]  Oh, you didn't.
[23:23.840 --> 23:27.160]  Tell me, Mr. Hale, do you consider yourself an ethical attorney?
[23:27.160 --> 23:29.000]  Yes, Mr. Kelton, I do.
[23:29.000 --> 23:33.120]  Are you familiar with the American Bar Association standards for the prosecutorial function?
[23:33.120 --> 23:35.160]  Yes, Mr. Kelton, I am.
[23:35.160 --> 23:37.680]  Are you familiar with standard 3-3.11?
[23:37.680 --> 23:42.880]  No, Mr. Kelton, I'm not familiar with every single paragraph.
[23:42.880 --> 23:45.880]  Well, let me read it to you.
[23:45.880 --> 23:49.680]  Let me familiarize you with it then.
[23:49.680 --> 23:56.320]  It says it is an ethical conduct for a prosecuting attorney to refrain from pursuing evidence
[23:56.320 --> 24:01.480]  solely because the evidence may show the innocence of the accused or mitigate the guilt of the
[24:01.480 --> 24:02.480]  accused.
[24:02.480 --> 24:07.480]  Now, do you still consider yourself an ethical attorney?
[24:07.480 --> 24:10.680]  That pretty well won me the case.
[24:10.680 --> 24:11.680]  Yes.
[24:11.680 --> 24:13.800]  Head turned bright red.
[24:13.800 --> 24:17.200]  Well, he's sitting over his head glowing.
[24:17.200 --> 24:19.440]  I said, I withdraw the question.
[24:19.440 --> 24:22.840]  No more questions.
[24:22.840 --> 24:28.120]  It was great to cram the standards down the lawyer's throat.
[24:28.120 --> 24:35.440]  And if you read them, read them twice, you will be able to do that.
[24:35.440 --> 24:38.560]  You can do that in very short order.
[24:38.560 --> 24:41.880]  Yes, these are all outlined.
[24:41.880 --> 24:47.760]  You look at the page and it looks like there's all the stuff there, but there's a whole
[24:47.760 --> 24:48.760]  lot of white space.
[24:48.760 --> 24:51.880]  And besides, it'll read like a comic book.
[24:51.880 --> 24:56.280]  I get to hammer him for this.
[24:56.280 --> 24:59.120]  Oh, look at here what I get to do to it.
[24:59.120 --> 25:07.520]  I have a book by Charles Herring, he's an Austin attorney, on my practice, Texas My
[25:07.520 --> 25:16.280]  practice, and I can assure you, no one who is an attorney read this book before he went
[25:16.280 --> 25:23.160]  to law school, or he would have went and flipped hamburgers instead.
[25:23.160 --> 25:26.960]  You can sue a lawyer for everything.
[25:26.960 --> 25:33.040]  These are two good places to study.
[25:33.040 --> 25:40.440]  Well, since I started working for a law firm, I learned, oh, what was that?
[25:40.440 --> 25:49.840]  I learned in very, I learned in the first day, my primary job, every minute that I'm
[25:49.840 --> 25:59.960]  there, just to cover my losses behind, because there are so many different directions that
[25:59.960 --> 26:07.440]  somebody can come at an attorney and hold, even something fictitious can be held against
[26:07.440 --> 26:08.440]  him.
[26:08.440 --> 26:13.880]  Something fictitious goes against the attorney, and you've got the attorney in front of the
[26:13.880 --> 26:21.440]  disciplinary committee for a minimum of four to five months.
[26:21.440 --> 26:29.000]  Whether he did it or not, I'm not advocating that anyone go out there and just make up
[26:29.000 --> 26:32.160]  stuff against an attorney.
[26:32.160 --> 26:38.640]  But if you have been wronged, and beyond a doubt you have been wronged, then by all
[26:38.640 --> 26:40.640]  means, get remedy.
[26:40.640 --> 26:46.680]  Don't expect miracles, but what you're going to do is you're going to keep him busy in
[26:46.680 --> 26:52.520]  front of the disciplinary committee for months.
[26:52.520 --> 26:54.520]  What is that noise?
[26:54.520 --> 26:59.280]  It's like somebody's mowing the grass.
[26:59.280 --> 27:01.280]  Mark, Mark, are you mowing the grass?
[27:01.280 --> 27:02.760]  No, I'm not.
[27:02.760 --> 27:05.760]  Is it me?
[27:05.760 --> 27:07.240]  I don't know.
[27:07.240 --> 27:12.800]  I mean, the only thing I've got next to me is a computer with a fan.
[27:12.800 --> 27:15.080]  I put my back on it.
[27:15.080 --> 27:17.080]  Did that help?
[27:17.080 --> 27:32.400]  Anyway, I apologize for detracting, but yeah, just be, okay, when we go up against our adversaries,
[27:32.400 --> 27:38.280]  whether we know it or not, we've got two fists full of loaded guns.
[27:38.280 --> 27:44.240]  You can either know you've got a loaded gun in each hand, I'm speaking figuratively, or
[27:44.240 --> 27:47.200]  you cannot know you've got a loaded gun in your hands.
[27:47.200 --> 27:53.760]  Now let's say you point your finger at an incident attorney and fire around over there.
[27:53.760 --> 27:56.880]  You just kept that guy busy for a long time.
[27:56.880 --> 27:59.320]  He did nothing wrong.
[27:59.320 --> 28:01.320]  That's your bad.
[28:01.320 --> 28:03.760]  Let that rest on your conscience.
[28:03.760 --> 28:10.040]  But if you've got an opposing counsel or even your counsel stands up there and lies
[28:10.040 --> 28:16.360]  through his teeth, and let me reiterate that it is impossible, it is legally impossible
[28:16.360 --> 28:19.200]  for an attorney to lie.
[28:19.200 --> 28:27.120]  Lie is a term that we, the people, the lay people of this land, use to describe what
[28:27.120 --> 28:29.920]  an attorney does in court.
[28:29.920 --> 28:37.780]  What an attorney does in court, that would describe being untruthful, okay, saying something
[28:37.780 --> 28:40.840]  that was contrary to the truth.
[28:40.840 --> 28:47.720]  What an attorney does is he makes misrepresentations of material fact.
[28:47.720 --> 28:56.800]  A misrepresentation of a material fact uttered from the mouth of a licensed counsel equates
[28:56.800 --> 29:02.800]  fraud upon the court, may be contempt of court.
[29:02.800 --> 29:11.520]  It steps up to the line of contempt, but it certainly goes all over aggravated perjury.
[29:11.520 --> 29:17.320]  And if he puts it in his pleading, it also equates aggravated perjury.
[29:17.320 --> 29:19.600]  So an attorney does not lie.
[29:19.600 --> 29:21.000]  We lay people.
[29:21.000 --> 29:22.000]  We common folk.
[29:22.000 --> 29:23.000]  We lie.
[29:23.000 --> 29:29.160]  But an attorney commits all kinds of ethics violations.
[29:29.160 --> 29:34.160]  The ethics code, or what I'm calling the ethics code, code of professional conduct or rules
[29:34.160 --> 29:39.120]  of professional conduct, irrespective to your state, is a very short read.
[29:39.120 --> 29:42.200]  You can get it done in a couple of hours.
[29:42.200 --> 29:46.000]  You devote six hours to the rules of professional conduct, and you know them better than any
[29:46.000 --> 29:47.800]  attorney with a bar card.
[29:47.800 --> 29:54.880]  512-646-1984 is the number you can dial to join us in conversation to ask questions.
[29:54.880 --> 29:55.880]  Danny, we see you there.
[29:55.880 --> 29:57.320]  Mark, we'll be right back.
[29:57.320 --> 30:07.240]  Google and Apple are at it again, this time with spy planes that can photograph objects
[30:07.240 --> 30:08.240]  as small as iPhones.
[30:08.240 --> 30:13.680]  I'm Dr. Cameron Albrecht, and if the thought of an airborne camera leering at your backyard
[30:13.680 --> 30:16.600]  creeps you out, stay tuned.
[30:16.600 --> 30:18.320]  Privacy is under attack.
[30:18.320 --> 30:21.920]  When you give up data about yourself, you'll never get it back again.
[30:21.920 --> 30:26.920]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.920 --> 30:32.080]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:32.080 --> 30:34.680]  Privacy, it's worth hanging on to.
[30:34.680 --> 30:40.360]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
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[31:12.840 --> 31:13.840]  satellite images.
[31:13.840 --> 31:15.960]  But who really needs this?
[31:15.960 --> 31:20.280]  I say we need to shut down Google's big eyes before there's no place left to hide from
[31:20.280 --> 31:21.280]  the watchers.
[31:21.280 --> 31:28.280]  I'm Dr. Katherine Albrecht for StartPage.com, the world's most private search engine.
[31:51.280 --> 32:05.840]  Google is proud to offer the rule of law traffic seminar.
[32:05.840 --> 32:09.160]  In today's America, we live in an us against them society, and if we the people are ever
[32:09.160 --> 32:13.240]  going to have a free society, then we're going to have to stand and defend our own rights.
[32:13.240 --> 32:16.320]  Among those rights are the right to travel freely from place to place, the right to
[32:16.320 --> 32:20.560]  act in our own private capacity, and most importantly, the right to do process of law.
[32:20.560 --> 32:24.600]  The courts afford us the least expensive opportunity to learn how to enforce and preserve our
[32:24.600 --> 32:26.080]  rights through due process.
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[32:33.560 --> 32:35.960]  is and how to hold courts to the rule of law.
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[32:39.920 --> 32:41.280]  ordering your copy today.
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[32:44.600 --> 32:48.240]  The Law vs. the Lie, video and audio of the original 2009 seminar.
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[32:51.000 --> 32:55.320]  Learn how to fight for your rights with the help of this material for ruleoflawradio.com.
[32:55.320 --> 33:24.320]  For your copy today and together, we can have free society we all want and deserve.
[33:25.320 --> 33:53.080]  Okay, we are back, Randy Kelton, Steve Skidmore, Rule of Law Radio, and we're talking to Mark
[33:53.080 --> 33:55.400]  in Wisconsin.
[33:55.400 --> 34:10.160]  Okay, Mark, I was going to offer a suggestion.
[34:10.160 --> 34:18.200]  Take the power supply out of your computer, take the cover off of it, and unscrew the
[34:18.200 --> 34:23.800]  four little screws that go to the power supply fan.
[34:23.800 --> 34:28.320]  Lift the fan out, and on the front side of the fan, in the middle of the blade, you'll
[34:28.320 --> 34:30.880]  see a little sticker.
[34:30.880 --> 34:33.120]  Pull that sticker off.
[34:33.120 --> 34:35.880]  Behind that sticker, you'll see a little rubber cup.
[34:35.880 --> 34:42.880]  Pop that little rubber cup out and put a couple of drops of sewing machine oil, three
[34:42.880 --> 34:46.760]  and one if you can't find sewing machine oil, but sewing machine oil is better.
[34:46.760 --> 34:52.800]  A couple of drops in there, put the rubber cup back, and then clean it real good and
[34:52.800 --> 34:54.280]  put a piece of tape on it.
[34:54.280 --> 35:00.160]  That sticker won't stick back, but I use this aluminized tape.
[35:00.160 --> 35:05.280]  Really works great to seal over it, and that should do a couple of things.
[35:05.280 --> 35:10.640]  One, it will quiet down your system because we can hear your fan going in the background,
[35:10.640 --> 35:15.080]  even when you can't hear it, the mic will pick it up.
[35:15.080 --> 35:22.720]  The primary thing that will take out a motherboard is that fan will slow down in that power
[35:22.720 --> 35:23.720]  supply.
[35:23.720 --> 35:26.640]  The power supply will heat up.
[35:26.640 --> 35:31.080]  Because of the excess heat, the power supply voltage will decrease.
[35:31.080 --> 35:35.600]  Low voltage to the motherboard will cause components on the motherboard to heat up,
[35:35.600 --> 35:42.280]  and you'll blow out your bios and fry the motherboard before you know anything, there's
[35:42.280 --> 35:43.920]  a problem.
[35:43.920 --> 35:51.080]  But in order to make less background noise, so we've been having to mute you, fix that
[35:51.080 --> 35:56.800]  fan in your computer and last a lot longer, and you'll thank me in the end.
[35:56.800 --> 35:57.800]  Okay.
[35:57.800 --> 35:58.800]  All right.
[35:58.800 --> 36:06.320]  Well, next time I call in, I'll move the SIP phone to another area, that way from that
[36:06.320 --> 36:09.080]  fan.
[36:09.080 --> 36:13.680]  Then the other little tidbit there, every lawyer, now I know that this is meant to
[36:13.680 --> 36:19.000]  be every lawyer in Wisconsin, but I was thinking, you know, on the federal government level,
[36:19.000 --> 36:23.840]  there's a good 50% of them that are lawyers, and I should expand the list beyond just the
[36:23.840 --> 36:30.560]  lawyers that are in the legislature and the law college, the federal government too.
[36:30.560 --> 36:31.560]  What the hey?
[36:31.560 --> 36:39.400]  And then I'd be asking exactly what the law requires, or the Supreme Court rules of conduct
[36:39.400 --> 36:47.320]  requires, wouldn't I, or am I being too glib?
[36:47.320 --> 36:48.320]  You're being glib.
[36:48.320 --> 36:53.280]  And the Supreme Court doesn't set these rules.
[36:53.280 --> 37:01.640]  The American Bar Association adopted a set of model standards, and they asked all of
[37:01.640 --> 37:08.040]  the states to adopt these standards so that the bar regulations would be consistent around
[37:08.040 --> 37:09.760]  states.
[37:09.760 --> 37:15.480]  And I think 47 actually adopted them.
[37:15.480 --> 37:21.040]  The other three states, I forget which ones they are, Wisconsin was not one of them, so
[37:21.040 --> 37:27.120]  Wisconsin adopted the American Bar Association standards, model standards, and then they
[37:27.120 --> 37:29.360]  made adjustments to it.
[37:29.360 --> 37:34.640]  So if you read the standards for one state, you can be pretty well sure they applied all
[37:34.640 --> 37:40.240]  states, the three that did not adopt the model standards.
[37:40.240 --> 37:45.240]  If you read their standards, you can't tell the difference.
[37:45.240 --> 37:50.480]  What's wrong for a lawyer to do is wrong in every state, and all of the state's laws
[37:50.480 --> 37:52.640]  are really sophisticated.
[37:52.640 --> 37:58.440]  So you can pretty well count on what you read there to be consistent.
[37:58.440 --> 38:06.040]  Okay, and to give context to Mr. Skidmore, because he probably didn't catch it back
[38:06.040 --> 38:12.320]  in the day, but to remind the listeners also, I had requested one of the acts that occurred.
[38:12.320 --> 38:14.160]  I had requested discovery.
[38:14.160 --> 38:19.160]  The lawyer had received the discovery, and then wrote me a letter saying, I'll tell
[38:19.160 --> 38:25.000]  you the answers that I'd asked for in discovery, but I'll only tell you those answers if you
[38:25.000 --> 38:32.480]  agree to drop the lawsuit.
[38:32.480 --> 38:36.840]  So what's the point?
[38:36.840 --> 38:41.280]  Oh, my goodness, yeah, yeah.
[38:41.280 --> 38:47.360]  So if you drop the lawsuit, then he wouldn't be obligated to give you the answers.
[38:47.360 --> 38:48.360]  Right.
[38:48.360 --> 38:49.360]  Oh, wow.
[38:49.360 --> 38:50.360]  That's a good one.
[38:50.360 --> 39:02.720]  Well, I just asked the issue to the lawyers, and they said that the conduct did not rise
[39:02.720 --> 39:04.480]  to the level of misconduct.
[39:04.480 --> 39:07.480]  No, no, no, that's not misconduct.
[39:07.480 --> 39:08.960]  That's trickery.
[39:08.960 --> 39:10.920]  Trickery is allowed in courts.
[39:10.920 --> 39:15.200]  That's how a lot of these, oh, I take it they're allowed in courts, because that's how
[39:15.200 --> 39:21.280]  most pros say litigants lose their cases, they get tricked one way or the other, get
[39:21.280 --> 39:25.400]  tricked into not showing up for a hearing, get tricked into not answering something
[39:25.400 --> 39:36.360]  on time, get tricked into saying something wrong or not saying something right.
[39:36.360 --> 39:44.200]  There's a long, this goes to one of the longstanding tongue-in-cheek lawyer rules.
[39:44.200 --> 39:50.360]  It is that when you have no defense, attack the plaintiff.
[39:50.360 --> 39:56.760]  So if you have no defense, then character assassination is your only defense, or the
[39:56.760 --> 40:04.840]  only way you can justify being in court, okay, and in many cases that works for lawyers,
[40:04.840 --> 40:08.720]  but that is just one example of trickery.
[40:08.720 --> 40:17.400]  So trickery, that's a lawyer's job, and it does not rise to the level of misconduct.
[40:17.400 --> 40:27.400]  Now, when an attorney, such as the one that Randy was describing, that he grilled on the
[40:27.400 --> 40:36.440]  stand, when he chooses, when he makes a conscious decision not to go down an avenue because
[40:36.440 --> 40:44.280]  it will damage his client's case, now you're getting unethical.
[40:44.280 --> 40:58.920]  When you have an attorney in open court on the record who espouses, who orates misrepresentations
[40:58.920 --> 41:07.560]  of material fact, now you're getting into, to agreeable offenses.
[41:07.560 --> 41:16.280]  When he breaks the law, flat-out breaks the law, that rises to the, to the level of misconduct.
[41:16.280 --> 41:27.240]  When the lawyer espouses a legal position that has been overruled, grounds for sanctions,
[41:27.240 --> 41:33.880]  that's a really big no-no for lawyers, yes, and sanctions actually, sanctions are a lot
[41:33.880 --> 41:43.280]  easier to get than, than a disbarment or a temporary suspension of a bar card.
[41:43.280 --> 41:49.480]  Sanctions are, are, are a lot easier to get, because those come from the court, not from
[41:49.480 --> 41:51.680]  the bar association.
[41:51.680 --> 41:56.520]  You got to keep in mind that these are members of the bar you're talking about.
[41:56.520 --> 41:59.120]  So the bar is going to protect them.
[41:59.120 --> 42:08.160]  The bar wants to protect them because their members send rather lucrative membership dues
[42:08.160 --> 42:12.000]  payments annually.
[42:12.000 --> 42:18.480]  They don't want to damage their own revenue, so the respective state board for American
[42:18.480 --> 42:23.880]  bar association is not going to crawl up an attorney's backside and start ripping out
[42:23.880 --> 42:32.400]  his, his guts just because he hurt your feelings, just because he pulled some kind of chicanery.
[42:32.400 --> 42:38.120]  Now there, they may give him a good stern talking to for several months and you'll keep
[42:38.120 --> 42:45.000]  him tied up and busy covering his own backside, but chances are the, the bar's not going
[42:45.000 --> 42:47.120]  to come down on him like the courts are going to.
[42:47.120 --> 42:51.320]  The court's going to, the courts will, will sanction a lawyer at the drop of a hat if
[42:51.320 --> 42:53.160]  they have good cause.
[42:53.160 --> 42:57.400]  Sometimes they do it without good cause.
[42:57.400 --> 43:03.440]  If the judge just doesn't like the, the way the guy's talking to him, he'll sanction
[43:03.440 --> 43:04.440]  him.
[43:04.440 --> 43:09.560]  Well, I know a lawyer that gets sanctioned there, there's a, there's a federal judge
[43:09.560 --> 43:13.520]  here in Travis County that will sanction a lawyer.
[43:13.520 --> 43:21.240]  I know if he sees him coming out of the john in the federal courthouse, yeah, sanctions
[43:21.240 --> 43:28.120]  are a lot easier to get than, than, uh, it's easier to get the court to move on discipline
[43:28.120 --> 43:30.960]  than it is the bar.
[43:30.960 --> 43:37.920]  Lawyer once told me, he said, oh man, sanctions said a judge can sanction you anything he wants
[43:37.920 --> 43:38.920]  to.
[43:38.920 --> 43:39.920]  Yeah.
[43:39.920 --> 43:45.720]  Now the lawyers are, and that is on discretion.
[43:45.720 --> 43:51.080]  And that's part of the problem while it, you know, we're talking about it in this context,
[43:51.080 --> 43:57.000]  it's, uh, you know, it can work to our advantage if we can convince them to judge that the
[43:57.000 --> 43:58.000]  guy's a scoundrel.
[43:58.000 --> 44:00.000]  And we'll be right back.
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[44:51.040 --> 45:04.480]  Are you the plaintiff or defendant in a lawsuit?
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[45:56.480 --> 46:23.480]  Or call toll-free 866-LAW-E-Z.
[46:23.480 --> 46:39.240]  Okay, we are back.
[46:39.240 --> 46:46.400]  Randy Kelton, Steve Skidmore, rule of law radio and we're finishing up with Mark in
[46:46.400 --> 46:47.400]  Wisconsin.
[46:47.400 --> 47:02.280]  Okay Mark, basically the only other thing I'm pondering is if the Wisconsin bar process
[47:02.280 --> 47:08.880]  doesn't actually decide that there's this misconduct, is that enough to kick it into
[47:08.880 --> 47:15.280]  the feds or is my only real way of getting anything to the feds is that it has to actually
[47:15.280 --> 47:18.880]  be a government official that has violated some law.
[47:18.880 --> 47:28.000]  Yeah, there's nothing about the bar standards that would invoke any federal jurisdiction.
[47:28.000 --> 47:41.040]  This is strictly an administrative state administrative agency that doesn't actually invoke law.
[47:41.040 --> 47:46.560]  There's several different levels of bar associations.
[47:46.560 --> 47:49.160]  There's your local bar association.
[47:49.160 --> 47:58.080]  For instance, here in Austin, there's an Austin bar association, then there's Texas bar association
[47:58.080 --> 48:05.120]  and there's the ABA, American bar association, there are several different levels, but any
[48:05.120 --> 48:11.040]  attorney that, let's stay in Austin because I'm here and familiar with it, any attorney
[48:11.040 --> 48:18.360]  that practices, who is admitted to practice in the Austin area, is subject not only to
[48:18.360 --> 48:25.520]  the Austin bar, but also to, I think there's a Travis County bar, so if there is, if I'm
[48:25.520 --> 48:33.840]  correct on that, it'd be the Austin bar, Travis County bar, Texas bar and the ABA.
[48:33.840 --> 48:43.760]  Would he be subject to the ABA if he wasn't authorized to do federal practice?
[48:43.760 --> 48:55.040]  I believe the ABA is ultimately over the federal, those admitted to federal district courts,
[48:55.040 --> 49:01.760]  but again, we go back to the root of all the state and lower level bars.
[49:01.760 --> 49:11.120]  Where does that come from, comes from the ABA, but yeah, if there is an attorney in the federal
[49:11.120 --> 49:19.600]  court, you would definitely go straight to the ABA, but I would also, if I was to grieve
[49:19.600 --> 49:26.120]  an attorney, I would grieve him not only at the ABA if he's practiced, licensed or admitted
[49:26.120 --> 49:28.800]  to practice in the federal venue.
[49:28.800 --> 49:33.160]  If he's admitted to practice in the federal venue, then he's also admitted to practice
[49:33.160 --> 49:37.680]  in a state, in at least one state venue.
[49:37.680 --> 49:39.360]  What about Prohawk Vichy?
[49:39.360 --> 49:51.040]  Prohawk Vichy, good question, you've got an attorney coming from an area that he has
[49:51.040 --> 49:57.440]  not admitted to practice in, and he's kind of piggybacking on another attorney's bar
[49:57.440 --> 50:05.680]  card, so I would think that whoever allowed him to piggyback on his bar card, he would
[50:05.680 --> 50:12.880]  be the one who would be responsible for his guest.
[50:12.880 --> 50:15.120]  That would be so much fun.
[50:15.120 --> 50:21.760]  Well if not, then what reason would the bar have, or what reason would the state courts
[50:21.760 --> 50:30.720]  have for Prohawk Vichy?
[50:30.720 --> 50:39.480]  If the visiting attorney screws up, the resident attorney suffers no harm, then why put the
[50:39.480 --> 50:41.760]  home team in the game?
[50:41.760 --> 50:47.880]  Yeah, just keep bringing in outside ones and then you're covered.
[50:47.880 --> 50:55.280]  So yeah, it would be great fun to bar grieve an attorney for what he didn't do, like Elf
[50:55.280 --> 50:56.280]  did.
[50:56.280 --> 51:04.200]  Yeah, but yes, with Prohawk Vichy, you've got a visiting attorney who's, okay, let's
[51:04.200 --> 51:12.360]  say I'm an attorney and I'm admitted to the southern district of Texas, but I have a client
[51:12.360 --> 51:17.040]  in the northern district of Texas, but I've never been admitted to practice in the northern
[51:17.040 --> 51:22.920]  district of Texas, so what I would have to do is I would have to have or find a fellow
[51:22.920 --> 51:30.320]  attorney who is admitted to practice in the northern district and say, hey, can I come
[51:30.320 --> 51:34.560]  in on your coattail Prohawk Vichy?
[51:34.560 --> 51:40.920]  He'll say, sure, fill out the paperwork, send it to me and I'll admit it.
[51:40.920 --> 51:45.320]  It gets admitted to the court, the judge looks at it and says, yeah, we'll let this visitor
[51:45.320 --> 51:47.040]  come play in our sandbox.
[51:47.040 --> 51:48.800]  Come on over, fella.
[51:48.800 --> 51:55.920]  But if you screw up, it's the resident attorneys behind, I'm going to skin him alive.
[51:55.920 --> 51:58.960]  Oh, that would be so much fun.
[51:58.960 --> 52:06.120]  When we talk about politics, all politics is local.
[52:06.120 --> 52:09.800]  That's the kind of local politics that gets us the most leverage.
[52:09.800 --> 52:13.560]  Well, that's where the rubber hits the road, isn't it?
[52:13.560 --> 52:22.120]  There would be no reason for the resident attorney to even involve his bar card in Prohawk Vichy.
[52:22.120 --> 52:29.600]  Well, if an attorney from the southern district who was not admitted into the northern district
[52:29.600 --> 52:39.280]  could just walk in to the northern district, then why have the rule of admission?
[52:39.280 --> 52:44.800]  Why would you even have to make a rule that says, hey, you have to be admitted by the
[52:44.800 --> 52:51.040]  bar of this, you have to be admitted by this court to practice in it?
[52:51.040 --> 52:55.200]  Kind of make that moot.
[52:55.200 --> 53:04.640]  And man, we've got some really strong static coming from you, Mark.
[53:04.640 --> 53:05.640]  Where'd he go?
[53:05.640 --> 53:06.640]  Disappeared.
[53:06.640 --> 53:08.160]  Mark, you there?
[53:08.160 --> 53:12.200]  Oh, I was just jacking away and somebody muted my mic.
[53:12.200 --> 53:17.400]  Yeah, Mark, we're getting some really serious, sounds like scratching noise like you're dragging
[53:17.400 --> 53:18.400]  a trash can around.
[53:18.400 --> 53:24.240]  It sounds like you're holding your cell phone out the window on the highway and dragging
[53:24.240 --> 53:25.240]  along more.
[53:25.240 --> 53:29.560]  Give us a call in next week and we'll pick this back up.
[53:29.560 --> 53:32.400]  We have another caller who's been waiting quite a while.
[53:32.400 --> 53:35.440]  We're going to Danny in Tennessee.
[53:35.440 --> 53:37.440]  Hello, Danny.
[53:37.440 --> 53:39.840]  Well, hey there.
[53:39.840 --> 53:45.360]  You remember last week I was talking about some paperwork and you asked me to send it
[53:45.360 --> 53:46.360]  to you?
[53:46.360 --> 53:48.440]  Did you get it and get a look at it?
[53:48.440 --> 53:49.440]  No, I did not.
[53:49.440 --> 53:50.760]  I don't know if I got it.
[53:50.760 --> 53:52.880]  I don't remember getting anything from the rule.
[53:52.880 --> 53:55.840]  I think that's the rule of law email address.
[53:55.840 --> 53:58.960]  That's the one I generally check.
[53:58.960 --> 54:05.440]  I don't remember one from you.
[54:05.440 --> 54:10.880]  It's possible that I get about 100 emails a day, so it's possible I missed it.
[54:10.880 --> 54:15.400]  Would your name have been on the front of the email or would there be an email address
[54:15.400 --> 54:18.040]  that I might not have recognized?
[54:18.040 --> 54:23.240]  No, my name would show up there.
[54:23.240 --> 54:26.880]  What date did you send it?
[54:26.880 --> 54:27.880]  Last Saturday.
[54:27.880 --> 54:30.960]  Okay, let me have a look, see.
[54:30.960 --> 54:33.560]  But if I did get it, I didn't see it.
[54:33.560 --> 54:38.560]  I was, I put in Danny, I got no matches for Danny.
[54:38.560 --> 54:39.560]  Hmm.
[54:39.560 --> 54:40.560]  Nada.
[54:40.560 --> 54:41.560]  Kaboot.
[54:41.560 --> 54:42.560]  Kaboot.
[54:42.560 --> 54:46.560]  Rick, it went off into your, uh, slam.
[54:46.560 --> 54:49.840]  Oh, my chump mail sections.
[54:49.840 --> 54:52.560]  Oh, oh, there it is.
[54:52.560 --> 54:53.560]  Uh, okay.
[54:53.560 --> 54:55.520]  No, it's not in the chump mail section.
[54:55.520 --> 54:56.520]  Notice the process.
[54:56.520 --> 54:57.520]  Okay.
[54:57.520 --> 54:58.520]  I did get it.
[54:58.520 --> 54:59.520]  Oh.
[54:59.520 --> 55:04.280]  But, uh, no, I did not get time to look at it.
[55:04.280 --> 55:05.280]  My bad.
[55:05.280 --> 55:06.280]  No, okay.
[55:06.280 --> 55:09.680]  I had good reason for not getting time.
[55:09.680 --> 55:16.640]  We are getting close to launching this, uh, at least the first portion of our electronic
[55:16.640 --> 55:17.640]  lawyer.
[55:17.640 --> 55:19.920]  We'll pull it up and read it on there.
[55:19.920 --> 55:24.200]  Yeah, this is, uh, which one should I read?
[55:24.200 --> 55:25.200]  The affidavit?
[55:25.200 --> 55:29.360]  No, the, uh, the notice of process.
[55:29.360 --> 55:33.080]  That's, that's the first one that would go in.
[55:33.080 --> 55:39.840]  Notice, uh, notice of lack of jurisdiction due to failure of magistrate to complete duties.
[55:39.840 --> 55:47.240]  Uh, Leslie Brennan signed a promise to appear before magistrate as provided by Texas Transportation
[55:47.240 --> 55:49.920]  Code 543006.
[55:49.920 --> 55:54.560]  For all purposes here, Leslie Lewis Brennan and Leslie Lewis Brennan are the same, uh,
[55:54.560 --> 55:57.240]  uppercase and lowercase are the same.
[55:57.240 --> 56:02.440]  Texas Code of Criminal Procedure Chapter 45 fails to provide for the appearance before
[56:02.440 --> 56:04.440]  a magistrate.
[56:04.440 --> 56:06.440]  Hmm.
[56:06.440 --> 56:17.040]  Oh, hold on here, uh, where it doesn't need to because 543006 provides for that.
[56:17.040 --> 56:18.040]  Okay.
[56:18.040 --> 56:23.920]  Hold on, Danny, what do you mean by Texas Code of Criminal Procedure Chapter 45 fails
[56:23.920 --> 56:27.280]  to provide for an appearance before a magistrate?
[56:27.280 --> 56:29.280]  I thought you were in Tennessee.
[56:29.280 --> 56:30.280]  Okay.
[56:30.280 --> 56:31.280]  Okay.
[56:31.280 --> 56:32.280]  Hold on.
[56:32.280 --> 56:33.280]  That's traffic.
[56:33.280 --> 56:34.280]  But this is, this was a Texas case.
[56:34.280 --> 56:42.920]  Uh, uh, does Chapter 45 address a rest without a warrant?
[56:42.920 --> 56:43.920]  Can you hear me?
[56:43.920 --> 56:44.920]  Yes.
[56:44.920 --> 56:45.920]  Go ahead.
[56:45.920 --> 56:46.920]  You hear me there?
[56:46.920 --> 56:47.920]  Okay.
[56:47.920 --> 56:48.920]  Yes.
[56:48.920 --> 56:50.920]  One thing, one thing, Danny, there's a suppressor on this line.
[56:50.920 --> 56:55.520]  So if we're talking and you talk, we can't hear you because he'll push you down under
[56:55.520 --> 56:56.520]  us.
[56:56.520 --> 56:57.520]  So that, that may be a bit.
[56:57.520 --> 56:58.520]  Okay.
[56:58.520 --> 56:59.520]  Go ahead, Danny.
[56:59.520 --> 57:00.520]  Okay.
[57:00.520 --> 57:03.120]  That's not the first one.
[57:03.120 --> 57:05.720]  Notice of process is the first one to go in.
[57:05.720 --> 57:06.720]  Okay.
[57:06.720 --> 57:14.120]  I see cover letter after David denying status and notice of lack, notice of lack trial court
[57:14.120 --> 57:15.120]  jurisdiction.
[57:15.120 --> 57:18.920]  I don't have a notice of process.
[57:18.920 --> 57:22.920]  Well, I thought notice of process is what you said first.
[57:22.920 --> 57:30.080]  No, notice of lack of jurisdiction due to failure of magistrate to complete duties.
[57:30.080 --> 57:38.760]  I have affidavit denying status as a corporation or association cover letter and notice of
[57:38.760 --> 57:41.320]  lack of trial court jurisdiction.
[57:41.320 --> 57:42.320]  Okay.
[57:42.320 --> 57:47.320]  Well, the first one's not, that's not, that's not the first one, but I thought you said notice
[57:47.320 --> 57:49.120]  of process to start well.
[57:49.120 --> 57:52.120]  No, I don't have a notice of process.
[57:52.120 --> 57:53.120]  Okay.
[57:53.120 --> 57:56.120]  Well, I'll see about sending that to you now.
[57:56.120 --> 57:57.120]  Okay.
[57:57.120 --> 57:58.120]  Hang on.
[57:58.120 --> 57:59.120]  We're about to go to break.
[57:59.120 --> 58:03.720]  We're going to send that to me and maybe I'll get it by the time they're on the break
[58:03.720 --> 58:04.720]  and look at it.
[58:04.720 --> 58:08.720]  This is our top of the hour break, so it'll be three minutes.
[58:08.720 --> 58:14.920]  So I may have time to read at least the caption of the title.
[58:14.920 --> 58:19.120]  I may not have time to read the whole thing, I'm not a quick study, you know.
[58:19.120 --> 58:20.120]  This is...
[58:20.120 --> 58:21.120]  Send it quick.
[58:21.120 --> 58:24.920]  This is Randy Kelly, Steve Skidmore.
[58:24.920 --> 58:26.920]  Send an error mail.
[58:26.920 --> 58:27.920]  Yeah.
[58:27.920 --> 58:37.600]  I called it, I called it number 512-646-1984 and remember, this is a call in line, not
[58:37.600 --> 58:43.280]  a listener line, give us a call, we'll be right back.
[58:43.280 --> 58:50.440]  And remember our sponsors.
[58:50.440 --> 58:54.560]  Would you like to make more definite progress in your walk with God?
[58:54.560 --> 58:59.760]  Bibles for America is offering a free study Bible and a set of free Christian books that
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[59:23.080 --> 59:28.000]  of salvation, growing in Christ and how to build up the church.
[59:28.000 --> 59:33.000]  To order your free New Testament recovery version and Basic Elements of the Christian
[59:33.000 --> 59:45.800]  Life, call Bibles for America toll free at 888-551-0102, that's 888-551-0102 or visit
[59:45.800 --> 59:49.400]  us online at bfa.org.
[59:49.400 --> 01:00:03.240]  You're listening to the Logos Radio Network at www.logosradionetwork.com.
[01:00:03.240 --> 01:00:07.400]  This is the Liberty Beat, your daily source for Liberty News and activist updates online
[01:00:07.400 --> 01:00:08.400]  at thelibertybeat.com.
[01:00:08.400 --> 01:00:13.720]  I'm Brian Hagen with your Liberty Beat for Thursday, July 17, 2014.
[01:00:13.720 --> 01:00:16.240]  Gold opened today at $1,303.
[01:00:16.240 --> 01:00:22.480]  Still rob it at $20.80 to use cents, and Bitcoin is trading at $617.27.
[01:00:22.480 --> 01:00:27.040]  Support for the Liberty Beat comes from growyourowngroceries.org, now offering an eight-week course where
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[01:00:34.960 --> 01:00:39.600]  And support comes from Bitmain Tech, creators of the newly released Antminer S2 Bitcoin
[01:00:39.600 --> 01:00:42.880]  Miner, one tera hash and only 1,000 watts.
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[01:00:50.840 --> 01:00:55.440]  In the news, the Texas Department of Public Safety is now taking full sets of fingerprints
[01:00:55.440 --> 01:01:00.800]  from every Texan old enough to drive, adding them to a statewide criminal history database.
[01:01:00.800 --> 01:01:05.600]  Critics say the move is illegal, arguing TPS is misinterpreting a section of the transportation
[01:01:05.600 --> 01:01:10.320]  code that allows an applicant's thumbprints or fingerprints to be used for verification.
[01:01:10.320 --> 01:01:15.400]  Dallas Morning News columnist Dave Lever also broke the story and says the law is intended
[01:01:15.400 --> 01:01:20.400]  to allow only thumbs and index fingerprints to be taken, not the entire set.
[01:01:20.400 --> 01:01:24.800]  Donald Jackson, a political science professor at Texas Christian University, is offering
[01:01:24.800 --> 01:01:29.680]  legal support to anyone wishing to challenge the new policy in court.
[01:01:29.680 --> 01:01:34.840]  The New York Police Department has been hit with a First Amendment lawsuit after a woman
[01:01:34.840 --> 01:01:39.000]  alleged her rights were violated when she tried to record police activity last September
[01:01:39.000 --> 01:01:41.280]  on the Upper West Side in New York.
[01:01:41.280 --> 01:01:45.640]  Plaintiff Deborah Goodman was allegedly pushed by officers and detained for more than 24
[01:01:45.640 --> 01:01:46.640]  hours.
[01:01:46.640 --> 01:01:49.800]  Goodman also said officers grabbed her arm and handcuffed her after refusing to provide
[01:01:49.800 --> 01:01:50.800]  ID.
[01:01:50.800 --> 01:01:56.000]  The lawsuit asked a judge to force the NYPD to allow onlookers to record police publicly.
[01:01:56.000 --> 01:02:03.200]  As reported by WCBS TV, the NYPD declined requests for comment.
[01:02:03.200 --> 01:02:08.640]  The Obama administration is allocating $50 million towards a luxury Texas hotel equipped
[01:02:08.640 --> 01:02:14.000]  with various amenities with intentions to use the resort for housing undocumented children.
[01:02:14.000 --> 01:02:18.520]  Baptist Child and Family Services has been contracted to purchase the Palmer Resort and
[01:02:18.520 --> 01:02:24.120]  Hotel in Westlake, a town a few miles north of the Rio Grande in Hidalgo County.
[01:02:24.120 --> 01:02:30.040]  KRGV reports the site will house up to 600 children aged 12 to 17 and create jobs for
[01:02:30.040 --> 01:02:31.800]  650 people.
[01:02:31.800 --> 01:02:36.360]  The charity group said the resort would function as an intake facility and also a hospital.
[01:02:36.360 --> 01:02:40.960]  Support for Liberty Beat comes from Affordable Sound, CD and DVD duplication along with posters
[01:02:40.960 --> 01:02:42.800]  and promotions materials.
[01:02:42.800 --> 01:02:47.840]  Mention promo code Liberty and when you order 10 or more posters, you get 10 free online
[01:02:47.840 --> 01:02:53.320]  at affordablesound.com or call them up at 512-459-5253.
[01:02:53.320 --> 01:02:56.960]  This is the Liberty Beat for Thursday, July 17, 2014.
[01:02:56.960 --> 01:02:59.560]  Check out the website at thelibertybeat.com.
[01:02:59.560 --> 01:03:12.440]  Yeah, story for everybody here, yeah, but now we're not gonna give that to the city.
[01:03:12.440 --> 01:03:26.560]  Yeah, my story, I just want to know what it is that I would like to find my brother now.
[01:03:26.560 --> 01:03:49.800]  Okay, we are back, Randy Kelton, Steve Skidmore with our radio, and we're talking to Danny
[01:03:49.800 --> 01:04:00.800]  in Tennessee, Texas, right now, okay, did you send that to me if you did, I didn't get
[01:04:00.800 --> 01:04:01.800]  it yet.
[01:04:01.800 --> 01:04:07.800]  Yeah, but I found the email that I sent and it shows four attachments.
[01:04:07.800 --> 01:04:20.800]  Well, I only have one Danny email and it only has three, maybe the feds got in there.
[01:04:20.800 --> 01:04:25.800]  Okay, I don't have it, you want to read it to us?
[01:04:25.800 --> 01:04:31.800]  Okay, well, all right, let's see if I got it here.
[01:04:31.800 --> 01:04:42.800]  Okay, well, basically it's just outline the process from like a, getting a ticket or citation
[01:04:42.800 --> 01:04:48.800]  for something else, or let's say for you to go to court, you know, and you brought up
[01:04:48.800 --> 01:04:53.800]  all these things about the examining trial and going before a magistrate and all that,
[01:04:53.800 --> 01:05:00.800]  if you follow it on through, then the magistrates post the finish up if he finds probable cause
[01:05:00.800 --> 01:05:06.800]  to seal up everything and send it to the clerk by the proper court.
[01:05:06.800 --> 01:05:11.800]  And then, let's see, that's a 1730.
[01:05:11.800 --> 01:05:13.800]  Yeah, 1730.
[01:05:13.800 --> 01:05:21.800]  The magistrates required to feel all documents had in the hearing and names the complaint
[01:05:21.800 --> 01:05:27.800]  and the affidavits and all documents in the hearing in an envelope causes name to be written
[01:05:27.800 --> 01:05:30.800]  across the seal of the envelope.
[01:05:30.800 --> 01:05:41.800]  Now, that is the only place in all of the codes that I have seen where anything is required to be sealed.
[01:05:41.800 --> 01:05:47.800]  We, you know, the court should take, you know, they should be paid a lot of attention to that
[01:05:47.800 --> 01:05:55.800]  because that's the only place the legislature went to the trouble of ordering it to be sealed.
[01:05:55.800 --> 01:06:02.800]  And that's so that when the evidence of the given to the magistrate at the examining trial
[01:06:02.800 --> 01:06:08.800]  gets to the court of jurisdiction, if there's a challenge to this efficiency,
[01:06:08.800 --> 01:06:12.800]  they have everything that was put before the magistrate.
[01:06:12.800 --> 01:06:15.800]  Nobody does that.
[01:06:15.800 --> 01:06:20.800]  I've went into a number of courts and asked to see the sealed envelope,
[01:06:20.800 --> 01:06:28.800]  that all the documents were sent to them in and they get this strange look on their face.
[01:06:28.800 --> 01:06:32.800]  Well, since these legislature requires that it be sealed,
[01:06:32.800 --> 01:06:38.800]  you would expect the court to keep that document in which it was sealed, the envelope,
[01:06:38.800 --> 01:06:43.800]  so as to be able to show that in fact it was sent sealed up.
[01:06:43.800 --> 01:06:46.800]  Okay, go ahead, Danny.
[01:06:46.800 --> 01:06:53.800]  Well, anyway, that was 1730, the next article up 1731 shows the two clerk,
[01:06:53.800 --> 01:07:01.800]  court clerks that are authorized to receive those and that's the district clerk or the county clerk.
[01:07:01.800 --> 01:07:07.800]  And the district clerk is to deliver it to the next grand jury and the county clerk
[01:07:07.800 --> 01:07:15.800]  shall immediately deliver the papers to the district or county attorney.
[01:07:15.800 --> 01:07:29.800]  And if you go on through it into article 2126, you know, I mentioned that last week
[01:07:29.800 --> 01:07:35.800]  where it says on filing of an indictment in the district court with charges and offence
[01:07:35.800 --> 01:07:41.800]  or which such court has no jurisdiction, courts shall make an order transferring it
[01:07:41.800 --> 01:07:47.800]  to such inferior court as may have jurisdiction stating in the order of the calls transferred
[01:07:47.800 --> 01:07:50.800]  into what court transferred.
[01:07:50.800 --> 01:07:59.800]  And then in 2127, it refers specifically to a justice court that if it's,
[01:07:59.800 --> 01:08:04.800]  want to be tried before, just the piece, well, this is my summary terminology,
[01:08:04.800 --> 01:08:09.800]  the district judge has discretion concerning which district court receives the indictment.
[01:08:09.800 --> 01:08:19.800]  So there it's in the Code of Criminal Procedure that justice courts receive indictments.
[01:08:19.800 --> 01:08:27.800]  And then after that, I get into about, you know, the articles saying when an indictment
[01:08:27.800 --> 01:08:32.800]  or information has been presented.
[01:08:32.800 --> 01:08:37.800]  But that raises an interesting issue.
[01:08:37.800 --> 01:08:45.800]  21, okay, which one addressed the indictment to the justice court or inferior court?
[01:08:45.800 --> 01:08:50.800]  2127.
[01:08:50.800 --> 01:08:55.800]  That is interesting.
[01:08:55.800 --> 01:08:59.800]  I don't remember seeing that.
[01:08:59.800 --> 01:09:06.800]  And I've read 21, that's grand jury, so I've read it a couple of times.
[01:09:06.800 --> 01:09:16.800]  I'm trying to assess the implication of that because the Constitution essentially requires
[01:09:16.800 --> 01:09:25.800]  that all crimes go before grand jury, all criminal accusations.
[01:09:25.800 --> 01:09:34.800]  But they've stopped taking misdemeanors before grand jury.
[01:09:34.800 --> 01:09:42.800]  And I don't see how they've done that.
[01:09:42.800 --> 01:09:46.800]  Can you give me a good, have you done a brief on this subject?
[01:09:46.800 --> 01:09:50.800]  I know you've addressed this before.
[01:09:50.800 --> 01:09:53.800]  Well, I might have some things somewhere.
[01:09:53.800 --> 01:09:57.800]  I mean, I know I've looked up annotations on it.
[01:09:57.800 --> 01:10:04.800]  Well, where I first stumbled upon this was through the Constitution, Article 5, Section 17.
[01:10:04.800 --> 01:10:10.800]  And that's where it's talking about the grand jury shall inquire into misdemeanors.
[01:10:10.800 --> 01:10:15.800]  And then I went and looked up the annotations on that.
[01:10:15.800 --> 01:10:23.800]  Well, you know, the head court case is talking about that, but they stopped about, let's see, when was it?
[01:10:23.800 --> 01:10:27.800]  Like 30s or so.
[01:10:27.800 --> 01:10:34.800]  And so I went to the courthouse in Galveston County where I was at the time.
[01:10:34.800 --> 01:10:43.800]  And, well, I sent in an information request to see the records and I got up there and they were going to have me say he wasn't around.
[01:10:43.800 --> 01:10:48.800]  And this thing finally got me over to a clerk with a civil side.
[01:10:48.800 --> 01:10:54.800]  And she didn't much believe it, but she was willing to, you know, go along with things.
[01:10:54.800 --> 01:11:04.800]  And so she heard what I was describing and she said, well, it seemed like that'd be in the minutes of the district court.
[01:11:04.800 --> 01:11:10.800]  So she told me some in the date ranges I was talking about, so I was able to pull those up and I started looking through in there.
[01:11:10.800 --> 01:11:23.800]  A lot of these handwritten notes and stuff of misdemeanor indictments being turned into the district court and orders of transfer to, you know, the lower courts.
[01:11:23.800 --> 01:11:31.800]  And when, you know, and then I started, you know, had the case numbers, the year and the case numbers.
[01:11:31.800 --> 01:11:35.800]  And so she sent somebody down to pull these files up.
[01:11:35.800 --> 01:11:36.800]  She was just amazed.
[01:11:36.800 --> 01:11:39.800]  She couldn't believe that these things were sitting there in their records.
[01:11:39.800 --> 01:11:50.800]  But these things are sitting in the courthouses from the past and indictments for various misdemeanors.
[01:11:50.800 --> 01:11:52.800]  And they used to do that.
[01:11:52.800 --> 01:12:01.800]  Now, another thing, too, if you go look through these papers, I think that, well, let's see if I can find this here.
[01:12:01.800 --> 01:12:09.800]  The, what's been defined as the person in the Code of Criminal Procedure.
[01:12:09.800 --> 01:12:12.800]  Well, the current one was originally adopted in 1965.
[01:12:12.800 --> 01:12:16.800]  It didn't have an explicit definition of person.
[01:12:16.800 --> 01:12:25.800]  But Article 3.01, Words and Phrases, said that all words, phrases and terms used in this code are to be taken and understood in your usual
[01:12:25.800 --> 01:12:36.800]  interpretation in common languages, except we're especially defined and, unless herein, especially accepted, have the meaning which is given to them in the Penal Code.
[01:12:36.800 --> 01:12:40.800]  So you go check the Penal, well, check the Penal Code.
[01:12:40.800 --> 01:12:42.800]  I had that time.
[01:12:42.800 --> 01:12:49.800]  And Aaron had person means an individual corporation or association.
[01:12:49.800 --> 01:12:55.800]  And further went on to define individual means of human being who has been born and is alive.
[01:12:55.800 --> 01:13:01.800]  Since that time, they've added some more to it to help protect the unborn.
[01:13:01.800 --> 01:13:09.800]  But then in 1973, the legislature adopted a new Penal Code.
[01:13:09.800 --> 01:13:19.800]  And in Section 2, that same Act, Chapter 17A, Corporations and Associations was added to the Code of Criminal Procedure.
[01:13:19.800 --> 01:13:31.800]  And in 17A.01B4, as definition person, he and him include corporation and association.
[01:13:31.800 --> 01:13:42.800]  So there, now there is an explicit definition of person in the Code of Criminal Procedure. That seems kind of redundant because the Penal Code already had one.
[01:13:42.800 --> 01:13:54.800]  However, then in 1975, it then amended Article 3.01, the one that had about the words and phrases.
[01:13:54.800 --> 01:14:02.800]  And it was amended to delete the words at the end of the article and unless specially accepted have the meaning which is given to them in the Penal Code.
[01:14:02.800 --> 01:14:06.800]  So they cut off that connection to the definitions in the Penal Code.
[01:14:06.800 --> 01:14:17.800]  So the way I see that now is the only person that exists in the Code of Criminal Procedure or corporation and association.
[01:14:17.800 --> 01:14:36.800]  And if you look on into Chapter 17A where it has about alleging the name, let's see if I can get that here.
[01:14:36.800 --> 01:14:39.800]  Okay, so it has the definition. Are you still there?
[01:14:39.800 --> 01:14:41.800]  Yeah, I'm still here.
[01:14:41.800 --> 01:14:43.800]  Yeah, we both are.
[01:14:43.800 --> 01:14:45.800]  Everything got quiet, so I'm not sure any more about that.
[01:14:45.800 --> 01:14:48.800]  We're listening. That's what listening sounds like.
[01:14:48.800 --> 01:14:50.800]  Thank you.
[01:14:50.800 --> 01:14:55.800]  So then 17A.02 says allegation of name.
[01:14:55.800 --> 01:15:11.800]  And A, in alleging the name of a defendant corporation, it is sufficient to state in the complaint, indictment, or information the corporate name, or to state any name or designation by which the corporation is known or may be identified.
[01:15:11.800 --> 01:15:16.800]  It's not necessary to allege that the defendant was lawfully incorporated.
[01:15:16.800 --> 01:15:23.800]  So I think right here they're telling us what the presumption is of whatever is brought before the court.
[01:15:23.800 --> 01:15:26.800]  Now there's a precursor.
[01:15:26.800 --> 01:15:29.800]  There's a question that comes to my mind.
[01:15:29.800 --> 01:15:53.800]  Does anything in law, in its written form, including but not limited to spelling, language, and punctuation, does any of this happen by accident?
[01:15:53.800 --> 01:16:00.800]  Well, I don't think so, but they've got particular rules.
[01:16:00.800 --> 01:16:19.800]  I don't think so either. And the reason I bring this question to mind, or the reason this question comes to mind, and I bring it up, is that since the Texas legislature saw fit to word this verbiage in such a context with recent omissions,
[01:16:19.800 --> 01:16:35.800]  I say recent, the most recent omissions, that is the omission of the word individual, leaving the only thing remaining corporations and associations.
[01:16:35.800 --> 01:16:37.800]  Okay.
[01:16:37.800 --> 01:16:41.800]  Hang on, we are about to go to break.
[01:16:41.800 --> 01:16:43.800]  Yes, we are.
[01:16:43.800 --> 01:16:49.800]  Help us from falling off the cliff, I'm getting there.
[01:16:49.800 --> 01:16:51.800]  I wasn't going to do that, I heard Buffy.
[01:16:51.800 --> 01:16:52.800]  Okay.
[01:16:52.800 --> 01:16:55.800]  512-646-1984, folks, you can call us.
[01:16:55.800 --> 01:17:00.800]  Danny, stay there, we'll be right back, you listen to the rule of law.
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[01:19:00.800 --> 01:19:10.800]  This is The Logos Radio Network.
[01:19:10.800 --> 01:19:12.800]  Okay, we are back.
[01:19:12.800 --> 01:19:19.800]  Randy Kelton, Steve Skidmore, Woodlaw Radio, and we're talking to Danny in Tennessee.
[01:19:19.800 --> 01:19:38.800]  Okay, Danny, the question I had about all this was, where was the authority to stop inditing for misdemeanors?
[01:19:38.800 --> 01:19:44.800]  Well, the only thing I think of is they have these special procedures for the corporations.
[01:19:44.800 --> 01:19:49.800]  And since the presumption is that the thing is that what it was in there is a corporation,
[01:19:49.800 --> 01:19:59.800]  there's these special procedures for the corporation and part of what it says here on that.
[01:19:59.800 --> 01:20:02.800]  Let's see, where is this?
[01:20:02.800 --> 01:20:10.800]  It says, this chapter sets out some of the procedural rules applicable to the criminal responsibility of corporations and associations.
[01:20:10.800 --> 01:20:16.800]  We're not in conflict with this chapter, the other chapters of this code apply to corporations and associations.
[01:20:16.800 --> 01:20:21.800]  So it sounds like this is the superior chapter.
[01:20:21.800 --> 01:20:26.800]  You know, it takes precedent over the others if there's a conflict.
[01:20:26.800 --> 01:20:28.800]  And you read the procedural down there.
[01:20:28.800 --> 01:20:37.800]  The first thing they go in for is like for a raiment or in or a plea, which if you read the procedure in this chapter,
[01:20:37.800 --> 01:20:43.800]  it sounds just like what you're treated to when you go into a municipal or justice court.
[01:20:43.800 --> 01:20:45.800]  Well, yeah, that's correct.
[01:20:45.800 --> 01:20:47.800]  That's what it should be.
[01:20:47.800 --> 01:20:51.800]  However, they missed a step.
[01:20:51.800 --> 01:20:59.800]  The arraignment is a hearing for the purpose of determining the identity of the accused and taking a plea.
[01:20:59.800 --> 01:21:05.800]  But that can't happen until the court has jurisdiction.
[01:21:05.800 --> 01:21:12.800]  And the way the court gets jurisdiction is by the procedure you spoke to earlier.
[01:21:12.800 --> 01:21:19.800]  A criminal complaint is created and presented to some magistrate.
[01:21:19.800 --> 01:21:26.800]  And the magistrate then holds an examining trial under Chapter 16.
[01:21:26.800 --> 01:21:34.800]  And after the examining trial, the magistrate issues an order under 16.17.
[01:21:34.800 --> 01:21:39.800]  If he finds probable cause and a warrant under 16.20,
[01:21:39.800 --> 01:21:45.800]  and then he seals up all the documentation heading here and causes name to be written across the seal of the envelope
[01:21:45.800 --> 01:21:51.800]  and forwards it to the clerk of the court of jurisdiction.
[01:21:51.800 --> 01:21:57.800]  Now, that's how the court of jurisdiction gets jurisdiction.
[01:21:57.800 --> 01:22:01.800]  They get the finding of probable cause.
[01:22:01.800 --> 01:22:09.800]  Now that court can call in the accused to identify the accused and take a plea.
[01:22:09.800 --> 01:22:13.800]  That's not how it's happening.
[01:22:13.800 --> 01:22:17.800]  One of the issues I've raised, however,
[01:22:17.800 --> 01:22:24.800]  I still don't understand how we still have a constitution that requires an indictment for misdemeanors
[01:22:24.800 --> 01:22:28.800]  and there are no indictments for misdemeanors.
[01:22:28.800 --> 01:22:37.800]  The way I read the constitution, it guarantees me a right to an indictment for a misdemeanor.
[01:22:37.800 --> 01:22:43.800]  So how are the courts denying that right?
[01:22:43.800 --> 01:22:48.800]  It's this corporation of yours.
[01:22:48.800 --> 01:22:57.800]  Well, the constitution guarantees me a right to an indictment.
[01:22:57.800 --> 01:23:01.800]  So what about the corporation?
[01:23:01.800 --> 01:23:04.800]  I don't care about a corporation as a person.
[01:23:04.800 --> 01:23:08.800]  You're saying that the definitions have changed.
[01:23:08.800 --> 01:23:10.800]  Well, I'm not a corporation.
[01:23:10.800 --> 01:23:13.800]  I'm still the living individual.
[01:23:13.800 --> 01:23:18.800]  How am I prosecuted without an indictment?
[01:23:18.800 --> 01:23:28.800]  There's also a CFR at which the number is, but the rules of silver procedure about alleging a corporation,
[01:23:28.800 --> 01:23:37.800]  an allegation that a party as a corporation be taken is true unless contradicted by...
[01:23:37.800 --> 01:23:44.800]  Okay, that's saying I am or am not a corporation, but in either case I'm a person.
[01:23:44.800 --> 01:23:49.800]  And the person is the one spoken to by the constitution.
[01:23:49.800 --> 01:24:00.800]  The reason they called corporations and associations persons is so that they would be covered under the protected rights enumerated by the constitution.
[01:24:00.800 --> 01:24:05.800]  Well, one of the protected rights is a right to an indictment.
[01:24:05.800 --> 01:24:15.800]  So how did they get around providing the right to an indictment in a misdemeanor?
[01:24:15.800 --> 01:24:24.800]  Did you see anything in the code telling how certainly there's no constitutional amendment because that...
[01:24:24.800 --> 01:24:28.800]  I don't see how they can.
[01:24:28.800 --> 01:24:34.800]  By becoming a person, they become subject to things just like anybody else.
[01:24:34.800 --> 01:24:47.800]  Now, the argument could be that we the people, the lay people, those non-corporate entities, living, breathing souls,
[01:24:47.800 --> 01:24:57.800]  are not necessarily subject to certain statutes, but certainly corporations would be.
[01:24:57.800 --> 01:25:07.800]  I still don't see how we get past the constitutional requirement of the constitutionally protected right of an indictment.
[01:25:07.800 --> 01:25:10.800]  Exactly.
[01:25:10.800 --> 01:25:16.800]  Well, I don't think the corporation has the same rights as the natural...
[01:25:16.800 --> 01:25:18.800]  Where do you get that from?
[01:25:18.800 --> 01:25:19.800]  They do.
[01:25:19.800 --> 01:25:24.800]  Well, just by the way things go, they don't vote in elections, do they?
[01:25:24.800 --> 01:25:33.800]  No, no, no. We can't say because of the way it's done, it's not necessarily done right.
[01:25:33.800 --> 01:25:38.800]  What does the law say about it?
[01:25:38.800 --> 01:25:51.800]  A corporation by its nature cannot register to vote because the corporation is not a living, breathing individual.
[01:25:51.800 --> 01:25:57.800]  The individuals can register to vote and that's...
[01:25:57.800 --> 01:26:09.800]  I see you kind of what you're saying that a corporation, if it's a person, should also have a right to vote.
[01:26:09.800 --> 01:26:11.800]  Is there...
[01:26:11.800 --> 01:26:14.800]  Okay, this is a problem for me.
[01:26:14.800 --> 01:26:20.800]  When I first read the Code of Criminal Procedure and Penal Code and then looked at the practice,
[01:26:20.800 --> 01:26:25.800]  this is exactly the situation I came up with.
[01:26:25.800 --> 01:26:34.800]  How can the practice be so different from the Code?
[01:26:34.800 --> 01:26:44.800]  What happened to the constitutional right to an indictment?
[01:26:44.800 --> 01:26:48.800]  Really a lot of silence here.
[01:26:48.800 --> 01:26:53.800]  We had a lot of clicking and background noise there, so...
[01:26:53.800 --> 01:26:56.800]  Go ahead, Danny.
[01:26:56.800 --> 01:26:59.800]  Well, I don't know, you know, that part.
[01:26:59.800 --> 01:27:08.800]  Okay, that's a really good thing we need to look at because if we read the Constitutional right, that's a right.
[01:27:08.800 --> 01:27:12.800]  That's a protected right.
[01:27:12.800 --> 01:27:25.800]  If we had recovered that right, this ticket mill industry of unauthorized tax would go away.
[01:27:25.800 --> 01:27:34.800]  And a lot of the police state that we're dealing with would go away.
[01:27:34.800 --> 01:27:40.800]  Maybe that's the push we need to make to correct the system.
[01:27:40.800 --> 01:27:45.800]  It appears as though our founders put it together right.
[01:27:45.800 --> 01:27:48.800]  They put the requirement in there.
[01:27:48.800 --> 01:27:55.800]  Just nobody's abiding by the requirements.
[01:27:55.800 --> 01:28:02.800]  So, what's our strategy? How do we go after this?
[01:28:02.800 --> 01:28:04.800]  File in a ticket case...
[01:28:04.800 --> 01:28:06.800]  Mandamus?
[01:28:06.800 --> 01:28:09.800]  Mandamus.
[01:28:09.800 --> 01:28:22.800]  Since it's a constitutional requirement, what about a 42-year code 1983 suit against the state?
[01:28:22.800 --> 01:28:25.800]  There you go.
[01:28:25.800 --> 01:28:31.800]  We're denying a constitutionally protected right.
[01:28:31.800 --> 01:28:40.800]  It's not a federally constituted, so we may not be able to go 42 years code 1983 because that's specifically federal.
[01:28:40.800 --> 01:28:51.800]  Steve, can you do a federal 1983 suit for deprivation of a state right?
[01:28:51.800 --> 01:29:05.800]  I don't think so. Unless you can find a similar statute on the state books, I don't see how you can cross that bridge.
[01:29:05.800 --> 01:29:10.800]  Seems I've heard something about that that indicated I could.
[01:29:10.800 --> 01:29:20.800]  And it's because if the state is the one denying you the right, you can hardly go to the state when the state is the one that's doing the oppression.
[01:29:20.800 --> 01:29:27.800]  Okay, so I got you. I think I better understand your question. I thought I understood it first.
[01:29:27.800 --> 01:29:32.800]  What you're saying is that if the state violates your right, sue them in the federal venue.
[01:29:32.800 --> 01:29:47.800]  Well, I'm saying, can I sue in the federal venue if the state denies a right that is constitutionally protected by the state constitution?
[01:29:47.800 --> 01:29:59.800]  It creates a conundrum here. We're going to the state asking the state to render a ruling against itself.
[01:29:59.800 --> 01:30:11.800]  Fires, earthquakes, yikes. Our homes are subject to lots of threats, but the number one cause of catastrophic water damage is something you can easily prevent.
[01:30:11.800 --> 01:30:15.800]  I'm Dr. Catherine Albrecht, back with a quick tip to keep your house dry next.
[01:30:15.800 --> 01:30:21.800]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:30:21.800 --> 01:30:26.800]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.800 --> 01:30:31.800]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:30:31.800 --> 01:30:41.800]  Privacy, it's worth hanging on to. This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
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[01:30:44.800 --> 01:30:51.800]  When was the last time you replaced the hose on your washing machine? I bet you never have, and that's not smart.
[01:30:51.800 --> 01:30:56.800]  Burst washing machine hoses are the number one cause of catastrophic water damage.
[01:30:56.800 --> 01:31:01.800]  See, every time a washing machine cycle ends, it sends a shock wave through the pipes.
[01:31:01.800 --> 01:31:05.800]  After years of this water hammer, the rubber gives out and the hose can burst.
[01:31:05.800 --> 01:31:10.800]  And when those hoses go, they really gush. It's like a garden hose in your laundry room.
[01:31:10.800 --> 01:31:19.800]  Not what you want to come home to after a long day at work. So a good rule of thumb is to replace them every five years or use stainless steel flexible piping.
[01:31:19.800 --> 01:31:22.800]  Otherwise, your house could be hosed.
[01:31:22.800 --> 01:31:30.800]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:30.800 --> 01:31:35.800]  I lost my son. My uncle. My uncle. My son. On September 11th, 2001.
[01:31:35.800 --> 01:31:39.800]  Most people don't know that a third tower fell on September 11th.
[01:31:39.800 --> 01:31:43.800]  Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[01:31:43.800 --> 01:31:47.800]  Will the official explanation is that fire brought down building 7?
[01:31:47.800 --> 01:31:51.800]  Over 1,200 architects and engineers has looked into the evidence.
[01:31:51.800 --> 01:31:54.800]  And believe there is more to the story. Bring justice to my son.
[01:31:54.800 --> 01:31:58.800]  My uncle. My nephew. My son. Go to building what.org.
[01:31:58.800 --> 01:32:01.800]  Why it fell, why it matters, and what you can do.
[01:32:01.800 --> 01:32:05.800]  After work, I'm so tired that I want to be left alone to sleep.
[01:32:05.800 --> 01:32:10.800]  Hey, listen to me. Who are you? I knew years ago when you felt healthy and young
[01:32:10.800 --> 01:32:13.800]  and everything worked on your body. Do you remember that?
[01:32:13.800 --> 01:32:15.800]  Yes. I wish I felt like that now.
[01:32:15.800 --> 01:32:20.800]  You can feel like that again with a new micro plant powder formulation called iodine now.
[01:32:20.800 --> 01:32:24.800]  It cleans the entire body from head to toe and feeds the body what it really needs.
[01:32:24.800 --> 01:32:28.800]  You'll be in a better mood and you'll find more drive in your romantic life.
[01:32:28.800 --> 01:32:31.800]  Really? I gotta try iodine now and feel good again.
[01:32:31.800 --> 01:32:35.800]  It also protects you from radiation, heavy metals, fluoride, chlorine and bromine
[01:32:35.800 --> 01:32:38.800]  including cancer and most major diseases. You'll be amazed.
[01:32:38.800 --> 01:32:40.800]  You can be your own doctor.
[01:32:40.800 --> 01:32:43.800]  I want to keep you out of the hospital and off pharmaceuticals.
[01:32:43.800 --> 01:32:45.800]  Wow. Why are you so nice to me?
[01:32:45.800 --> 01:33:01.800]  Because I'm you. You're out of shape and I need a better looking future.
[01:33:15.800 --> 01:33:35.800]  Okay, we are back.
[01:33:35.800 --> 01:33:38.800]  And that was Randy's fault.
[01:33:38.800 --> 01:33:41.800]  Yeah, it was.
[01:33:41.800 --> 01:33:44.800]  We marched off the cliff together that time.
[01:33:44.800 --> 01:33:49.800]  Yeah, you missed it after the beep.
[01:33:49.800 --> 01:33:52.800]  Steve said, moved a lot of radio.
[01:33:52.800 --> 01:33:58.800]  He said that is freefall on the way to the bottom after we marched off the cliff together.
[01:33:58.800 --> 01:34:00.800]  Yeah, we'll be right back. Oh, no.
[01:34:00.800 --> 01:34:04.800]  No, I had my hand up to my forehead and I was listening to Randy talking.
[01:34:04.800 --> 01:34:07.800]  I had my eyes closed and I wasn't watching the clock.
[01:34:07.800 --> 01:34:11.800]  When I heard the bumper music in the background, I thought, oh, we're going to break up.
[01:34:11.800 --> 01:34:15.800]  And my eyes looked up and we had two seconds.
[01:34:15.800 --> 01:34:18.800]  That was it.
[01:34:18.800 --> 01:34:22.800]  We've been struggling with multitasking.
[01:34:22.800 --> 01:34:25.800]  Anyway, and thinking.
[01:34:25.800 --> 01:34:28.800]  This is a really interesting issue.
[01:34:28.800 --> 01:34:38.800]  And I keep looking for ways to fix the system with the least intervention.
[01:34:38.800 --> 01:34:45.800]  And Ken and I have been crafting some proposed legislation that would fix the systems.
[01:34:45.800 --> 01:34:59.800]  One of the things that I was looking at is a requirement that the grand jury sit at least once a month for the purpose of hearing complaints from private citizens.
[01:34:59.800 --> 01:35:02.800]  Then we're talking to Danny and Danny's in Tennessee.
[01:35:02.800 --> 01:35:09.800]  And apparently they do that in Tennessee. Danny, you've got a lot of background noise. That's why we've been meeting you.
[01:35:09.800 --> 01:35:12.800]  I was adjusting my headset right then.
[01:35:12.800 --> 01:35:14.800]  Oh, okay.
[01:35:14.800 --> 01:35:24.800]  Okay, as I understand, in Tennessee, the grand jury does meet to hear complaints from private citizens.
[01:35:24.800 --> 01:35:36.800]  I'm not completely... I'm going to have to look up more details of that. What I did find is that it's like you can contact the foreman about things.
[01:35:36.800 --> 01:35:50.800]  And then he, I guess, provides the names of the rest and you get two others and they form like a committee of three to take some initial hearing of it or something.
[01:35:50.800 --> 01:35:57.800]  Well, they would like to use that as precedent for making a request in Texas.
[01:35:57.800 --> 01:36:04.800]  But this issue of the constitutional right to an indictment.
[01:36:04.800 --> 01:36:10.800]  You know, I'm accusing Texas of being a police state.
[01:36:10.800 --> 01:36:19.800]  When you have a 99.6% conviction rate, that defines a police state.
[01:36:19.800 --> 01:36:23.800]  So how do we fix it? How did it turn into this mess?
[01:36:23.800 --> 01:36:36.800]  Well, if every criminal accusation had to go before a grand jury, I think that would change everything.
[01:36:36.800 --> 01:36:44.800]  So that might be a good place to go is we're not asking for new legislation.
[01:36:44.800 --> 01:36:49.800]  We're not asking for new law or new protected rights.
[01:36:49.800 --> 01:36:54.800]  We're insisting on the protection of the ones we already have.
[01:36:54.800 --> 01:36:56.800]  Exactly.
[01:36:56.800 --> 01:37:02.800]  And if we get that back, sure, it will be administratively inconvenient.
[01:37:02.800 --> 01:37:05.800]  But think of what would happen.
[01:37:05.800 --> 01:37:14.800]  You got police out here writing 40, 50 tickets a day in order to generate a tremendous amount of revenue.
[01:37:14.800 --> 01:37:17.800]  That would cease.
[01:37:17.800 --> 01:37:24.800]  Because the grand juries would have a fit and start throwing these things out left and right.
[01:37:24.800 --> 01:37:29.800]  Maybe that's why it's so difficult to get things in front of grand jury.
[01:37:29.800 --> 01:37:39.800]  And it's exactly what I've considered to be the problem that prosecutor wants to control the prosecutorial process.
[01:37:39.800 --> 01:37:47.800]  But the legislature addressed that specifically, or after the courts did, I think it's Kennedy v. State,
[01:37:47.800 --> 01:37:54.800]  when it said that the prosecutor in his zeal for prosecution.
[01:37:54.800 --> 01:38:04.800]  When it comes to filing a criminal accusation is not a credible person.
[01:38:04.800 --> 01:38:13.800]  That the prosecutor can't be trusted here because it's not because he's intrinsically untrustworthy,
[01:38:13.800 --> 01:38:16.800]  but because of his focus on prosecution.
[01:38:16.800 --> 01:38:23.800]  The grand jury was put into place for one reason.
[01:38:23.800 --> 01:38:31.800]  And that reason was to protect the public from an overzealous prosecutor.
[01:38:31.800 --> 01:38:35.800]  That is the only reason we need a grand jury.
[01:38:35.800 --> 01:38:44.800]  But there's going to be this natural pressure on part of the prosecutor to get prosecution to go his way.
[01:38:44.800 --> 01:38:49.800]  He says, well, you know, I'm the one that has to prosecute these things.
[01:38:49.800 --> 01:38:59.800]  I'm the one that should decide whether or not a criminal allegation should be prosecuted.
[01:38:59.800 --> 01:39:04.800]  And the courts have rejected that and the legislature specifically rejected it.
[01:39:04.800 --> 01:39:09.800]  Our founders put in a grand jury only for that reason.
[01:39:09.800 --> 01:39:17.800]  And you consider our founders, they and the federal government, you know,
[01:39:17.800 --> 01:39:23.800]  when our founding fathers put the system together, they put a grand jury in place.
[01:39:23.800 --> 01:39:34.800]  Because they understood how important it was that the king not be the accuser and the prosecutor.
[01:39:34.800 --> 01:39:38.800]  That someone stand between.
[01:39:38.800 --> 01:39:44.800]  I'm not sure if grand juries were in the Magna Carta, but certainly magistrates were.
[01:39:44.800 --> 01:39:54.800]  And grand juries perform essentially the exact same job that a man that a magistrate performs.
[01:39:54.800 --> 01:40:10.800]  And that runs interference between the judicial system and the executive branch and the police being the executive branch.
[01:40:10.800 --> 01:40:21.800]  So if we put that back, you look at the logistics of putting a criminal complaint before a grand jury.
[01:40:21.800 --> 01:40:25.800]  That's going to make this a much bigger deal.
[01:40:25.800 --> 01:40:31.800]  And a criminal prosecution should be a big deal.
[01:40:31.800 --> 01:40:44.800]  The court should not be able to just accuse you of anything they want to and then just with a perfunctory wave of the hand force you through a deal.
[01:40:44.800 --> 01:40:48.800]  Nobody cares whether you're guilty or innocent, except you, of course.
[01:40:48.800 --> 01:40:54.800]  But once you're accused, it doesn't make any difference what you think.
[01:40:54.800 --> 01:40:58.800]  In the end, it's all about the money.
[01:40:58.800 --> 01:41:04.800]  So what's your take on this, Steve?
[01:41:04.800 --> 01:41:05.800]  I think you're right.
[01:41:05.800 --> 01:41:11.800]  It's all about, well, you're going to have difficulty because it is all about the money.
[01:41:11.800 --> 01:41:20.800]  You're going to face difficulty right off the bat because of municipalities and those who are collecting these fines and fees and penalties.
[01:41:20.800 --> 01:41:22.800]  They're not going to want to give up any of that.
[01:41:22.800 --> 01:41:32.800]  They want to increase that and they can't increase that with a grand jury between the accused and the accuser.
[01:41:32.800 --> 01:41:38.800]  So they'll fight this tooth and nail, but nothing ventured, nothing gained.
[01:41:38.800 --> 01:41:49.800]  Well, if we throw something at them that would be so onerous as to completely disrupt what they're doing,
[01:41:49.800 --> 01:41:59.800]  they may be able to use that as leverage to get something that has the appearance of being less onerous,
[01:41:59.800 --> 01:42:04.800]  like eliminating 14.01B.
[01:42:04.800 --> 01:42:14.800]  14.01A authorizes a police officer to arrest a person for an on-site offense or a felony
[01:42:14.800 --> 01:42:22.800]  if there's reason to believe the person may escape apprehension.
[01:42:22.800 --> 01:42:33.800]  Paragraph B, I'm sorry, they could arrest for an on-site offense that was a breach of the peace.
[01:42:33.800 --> 01:42:41.800]  It says they could arrest without a warrant for a commission of a felony or a breach of the peace.
[01:42:41.800 --> 01:42:44.800]  That used to be 14.01.
[01:42:44.800 --> 01:42:50.800]  And then in 1965, they added a paragraph to it, so it became paragraph A and B.
[01:42:50.800 --> 01:42:55.800]  And paragraph B said a policeman could arrest for any on-site offense.
[01:42:55.800 --> 01:42:59.800]  That's what turned us into a police state.
[01:42:59.800 --> 01:43:07.800]  It didn't have the appearance of that on the surface, but that was the seed that laid the foundation.
[01:43:07.800 --> 01:43:15.800]  So if we go after indictments, constitutional right to an indictment,
[01:43:15.800 --> 01:43:28.800]  and use that as a bargaining chip to get 14.01B repealed as the lesser of two evils,
[01:43:28.800 --> 01:43:31.800]  that may well be what we need.
[01:43:31.800 --> 01:43:37.800]  So that would at least be a step in the right direction. Now they can only arrest for a breach of the peace.
[01:43:37.800 --> 01:43:40.800]  And breach of the peace is very clearly defined.
[01:43:40.800 --> 01:43:42.800]  Here break going on.
[01:43:42.800 --> 01:43:44.800]  Hey Randy, you want to drop off?
[01:43:44.800 --> 01:43:46.800]  Okay.
[01:43:46.800 --> 01:43:47.800]  Talk to me for something.
[01:43:47.800 --> 01:43:49.800]  Okay, thank you Danny.
[01:43:49.800 --> 01:43:51.800]  Okay, we got to go. This is Randy Kelton.
[01:43:51.800 --> 01:43:53.800]  Steve Skidmore, rule of all radio.
[01:43:53.800 --> 01:43:57.800]  I call in number 512-646-1984.
[01:43:57.800 --> 01:43:59.800]  We'll be right back.
[01:43:59.800 --> 01:44:03.800]  You feel tired when talking about important topics like money and politics?
[01:44:03.800 --> 01:44:04.800]  Sorry.
[01:44:04.800 --> 01:44:07.800]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.800 --> 01:44:08.800]  What?
[01:44:08.800 --> 01:44:12.800]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:12.800 --> 01:44:18.800]  Hi, my name is Steve Holt, and like millions of other Americans, I was diagnosed with stupidity at an early age.
[01:44:18.800 --> 01:44:24.800]  I had no idea that the number one cause of the disease is found in almost every home in America, the television.
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[01:45:55.800 --> 01:46:13.800]  Or call toll-free 866-LAW-E-Z.
[01:46:25.800 --> 01:46:44.800]  Okay, we are back. Randy Kelton, Steve Skidmore, rule of law radio.
[01:46:44.800 --> 01:47:02.800]  And over the break, we were talking about how could we convince our legislators to pass legislation to eliminate some of these prosecutions.
[01:47:02.800 --> 01:47:14.800]  And if we could get 1401B repealed.
[01:47:14.800 --> 01:47:23.800]  And let's just say, you know, when I asked Chief Acevedo, Chief of Police of Austin,
[01:47:23.800 --> 01:47:38.800]  he was going before the city council trying to get authorizations for his police officers to take blood from suspected drunk drivers
[01:47:38.800 --> 01:47:40.800]  inside of the highway.
[01:47:40.800 --> 01:47:46.800]  And I kind of bush-wacked him coming in the door with a mic and asked him why he needed this.
[01:47:46.800 --> 01:47:49.800]  And he said, well, it would increase the conviction rate.
[01:47:49.800 --> 01:47:53.800]  I said, well, why? And he said, well, so we get more convictions.
[01:47:53.800 --> 01:47:55.800]  I said, do you know what the conviction rate is?
[01:47:55.800 --> 01:47:58.800]  He said, no. And I told him and he said, no.
[01:47:58.800 --> 01:48:02.800]  Well, when I asked him, he said, no, I said, well, give me a guess.
[01:48:02.800 --> 01:48:05.800]  He guessed 80%.
[01:48:05.800 --> 01:48:10.800]  He got his statistician over there and his statistician confirmed 99.6.
[01:48:10.800 --> 01:48:22.800]  So let's consider if we could get by removing 41B, 14.01B.
[01:48:22.800 --> 01:48:33.800]  And by doing that, if we could actually lower the conviction rate to 80%,
[01:48:33.800 --> 01:48:49.800]  there are 1,801,006,083 arrests in 2011.
[01:48:49.800 --> 01:48:52.800]  That's the last we have statistics on.
[01:48:52.800 --> 01:48:55.800]  So a million arrests a year.
[01:48:55.800 --> 01:49:04.800]  At a million arrests a year, if we could lower that by 20%,
[01:49:04.800 --> 01:49:15.800]  that would be 200,000 arrests, 200,000 convictions a year that wouldn't happen.
[01:49:15.800 --> 01:49:26.800]  And they say we cut that in half and assume that only half of those convictions involve jail time.
[01:49:26.800 --> 01:49:32.800]  So that's 100,000 jail years.
[01:49:32.800 --> 01:49:35.800]  That's 100,000 people one year in jail.
[01:49:35.800 --> 01:49:45.800]  And it costs to keep a person in jail in Texas $30,000.
[01:49:45.800 --> 01:49:52.800]  That would save us $3 billion a year.
[01:49:52.800 --> 01:50:03.800]  $3 billion we wouldn't have to put in the criminal justice system just by making the system more fair.
[01:50:03.800 --> 01:50:08.800]  And I'm betting that if we got the grand jury back in place, we'd lower it even more than that.
[01:50:08.800 --> 01:50:18.800]  But just that, if we could show this to the legislators and say if we could eliminate 100,000 jail spots per year,
[01:50:18.800 --> 01:50:21.800]  that gives you $3 billion to work with.
[01:50:21.800 --> 01:50:28.800]  Could you do something good with an extra $3 billion?
[01:50:28.800 --> 01:50:30.800]  What do you think?
[01:50:30.800 --> 01:50:34.800]  Yeah.
[01:50:34.800 --> 01:50:37.800]  In the end, it's all about the money.
[01:50:37.800 --> 01:50:48.800]  And our politicians, in the end, what they want is more money to spend on their pet projects.
[01:50:48.800 --> 01:50:55.800]  So if we could show them where they could free up a huge parcel of money,
[01:50:55.800 --> 01:50:58.800]  we could actually get something started here.
[01:50:58.800 --> 01:51:03.800]  I know all of this increase in jail capacity.
[01:51:03.800 --> 01:51:11.800]  This is all corporate profit-taking because the FBI,
[01:51:11.800 --> 01:51:19.800]  for the last 20 years, have reported that crime has decreased every year,
[01:51:19.800 --> 01:51:25.800]  all crimes across the board for the last 20.
[01:51:25.800 --> 01:51:36.800]  So why is it that the United States, a country that holds approximately 3% of the world's population,
[01:51:36.800 --> 01:51:44.800]  houses approximately 50% of the world's population of inmates?
[01:51:44.800 --> 01:51:48.800]  This is absolutely outrageous.
[01:51:48.800 --> 01:51:57.800]  In 2003, the Governor's Criminal Justice Oversight Council,
[01:51:57.800 --> 01:52:01.800]  in its semi-annual report to the governor,
[01:52:01.800 --> 01:52:09.800]  complained that this practice of forcing everyone accused of crime into taking a deal,
[01:52:09.800 --> 01:52:16.800]  has put a lot of people on probation who should never have been charged in the first place,
[01:52:16.800 --> 01:52:22.800]  and then a subsequent probation violation resulted in mandatory jail time,
[01:52:22.800 --> 01:52:28.800]  and that is what has overcrowded the jail system.
[01:52:28.800 --> 01:52:40.800]  And the suggestion was that we eliminate this prosecutorial practice of forcing everyone into a deal.
[01:52:40.800 --> 01:52:51.800]  So if we put something in place to slow this down, like a grand jury,
[01:52:51.800 --> 01:52:58.800]  or even a proper examining trial, now I live in Wise County, Texas,
[01:52:58.800 --> 01:53:04.800]  and I have a sheriff's department story.
[01:53:04.800 --> 01:53:09.800]  Mr. Dan Walker, David Walker is our sheriff.
[01:53:09.800 --> 01:53:12.800]  When he first ran for sheriff, I ran against him,
[01:53:12.800 --> 01:53:17.800]  but I ran out of funds and had to drop out in the primary,
[01:53:17.800 --> 01:53:21.800]  and wound up voting for him.
[01:53:21.800 --> 01:53:28.800]  Before Dan Walker got into office as sheriff, we had Phil Ryan.
[01:53:28.800 --> 01:53:30.800]  Phil Ryan was an ex-Texas ranger.
[01:53:30.800 --> 01:53:32.800]  I don't know how to tell you a lot.
[01:53:32.800 --> 01:53:36.800]  He was a scoundrel,
[01:53:36.800 --> 01:53:39.800]  and I only sued him once,
[01:53:39.800 --> 01:53:44.800]  but I had four different sheriff's deputies come to me and ask me if there was something I could do
[01:53:44.800 --> 01:53:49.800]  to help them get rid of an officer who was making them all look bad.
[01:53:49.800 --> 01:53:55.800]  I had at least 50 people come to me complaining about our sheriff's deputies.
[01:53:55.800 --> 01:54:07.800]  David Walker got in his sheriff, and I talked to him at the time about the value and the legal requirement that a person arrested be taken before magistrate.
[01:54:07.800 --> 01:54:09.800]  Well, apparently he listened.
[01:54:09.800 --> 01:54:18.800]  The guy was 26 years old, 26 or 27 years old, and he implemented his policy.
[01:54:18.800 --> 01:54:29.800]  Since David Walker has been sheriff in Wise County, I have not heard one complaint against our sheriff's deputies.
[01:54:29.800 --> 01:54:34.800]  Not a single one.
[01:54:34.800 --> 01:54:37.800]  This works.
[01:54:37.800 --> 01:54:47.800]  These officers, when they arrest someone, they know they're going to have to take them directly to a magistrate and explain themselves.
[01:54:47.800 --> 01:54:56.800]  So they're not going to want the person they've arrested telling the magistrate stories of horrendous treatment.
[01:54:56.800 --> 01:55:05.800]  They don't get to take you down, throw you in jail, hold you all night so they can sit down and make up a story to tell.
[01:55:05.800 --> 01:55:15.800]  They got to take you immediately, and it has had the effect of self-regulating the sheriff's department.
[01:55:15.800 --> 01:55:17.800]  I've threatened David Walker.
[01:55:17.800 --> 01:55:31.800]  I want to drag him down to Austin and stick him in front of a legislative subcommittee and have him explain to them how a sheriff's department should be run because he obviously got it right.
[01:55:31.800 --> 01:55:44.800]  If we simply re-institute those statutory and due process requirements that are already written into law,
[01:55:44.800 --> 01:55:54.800]  a good portion of this problem we're having with the police and the courts will simply take care of itself.
[01:55:54.800 --> 01:56:05.800]  And especially if we could get the grand jury to sit at least once a month to hear complaints by private citizens.
[01:56:05.800 --> 01:56:10.800]  It's not that I ever want a public official indicted.
[01:56:10.800 --> 01:56:19.800]  We never want a public official indicted, but we don't want them doing bad things either.
[01:56:19.800 --> 01:56:24.800]  I filed a criminal complaint with the sheriff's department here and they had a section.
[01:56:24.800 --> 01:56:39.800]  I had to sign a statement where I swore that everything was true and there was a section in there where I had to circle whether I wanted the state to prosecute or not.
[01:56:39.800 --> 01:56:43.800]  And I told them I'm not signing a circling that.
[01:56:43.800 --> 01:56:46.800]  Well, you have to. No, I don't.
[01:56:46.800 --> 01:56:50.800]  I don't ever want anybody prosecuted.
[01:56:50.800 --> 01:56:53.800]  I want everybody to abide by law.
[01:56:53.800 --> 01:56:55.800]  I'm not going to sign that.
[01:56:55.800 --> 01:57:00.800]  Besides, it doesn't make any difference what I want or what I don't want.
[01:57:00.800 --> 01:57:02.800]  The law is what it is.
[01:57:02.800 --> 01:57:11.800]  And while you have no dust talking to sheriff's deputy, while you have no duty to protect me, you do have a duty to enforce law.
[01:57:11.800 --> 01:57:16.800]  And it doesn't make any difference if I want you to or not.
[01:57:16.800 --> 01:57:21.800]  They've got all these odd ideas.
[01:57:21.800 --> 01:57:32.800]  If we could simply get them to go back, read the code and follow the code the way it's written.
[01:57:32.800 --> 01:57:38.800]  A lot of these problems we're having would simply go away.
[01:57:38.800 --> 01:57:52.800]  And I have for a long time been trying to stop focusing on the symptoms and see if I could find the underlying lying causes.
[01:57:52.800 --> 01:57:58.800]  And frankly, I think it's 14.01 b is the primary underlying cause.
[01:57:58.800 --> 01:58:08.800]  And what would be a wonderful cure was to re-institute the grand jury the way it should be.
[01:58:08.800 --> 01:58:11.800]  That's my story and I'm sticking to it.
[01:58:11.800 --> 01:58:14.800]  How do you get that done?
[01:58:14.800 --> 01:58:18.800]  Well, I think that's a whole other show, isn't it?
[01:58:18.800 --> 01:58:34.800]  Yes, absolutely, it is. But if we start demanding our constitutionally protected right to an indictment, that should be interesting for a traffic ticket.
[01:58:34.800 --> 01:58:41.800]  Okay, we are out of time. Randy Kelton, Steve Skidmore, root of our radio. Thank you all for listening.
[01:58:41.800 --> 01:58:47.800]  We will be back next week, Thursday and Friday. Make sure you tune in. Good night.
[01:58:47.800 --> 01:58:49.800]  Good night everybody.
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