[00:00.000 --> 00:05.480]  The following news flash is brought to you by The Lone Star Lowdown.
[00:05.480 --> 00:11.840]  Markets for Wednesday, September 6, 2017, closed with gold at $1,334.30 an ounce, silver
[00:11.840 --> 00:20.640]  $17.88 an ounce, Texas Crude $48.66 a barrel, Bitcoin is sitting at about $4,594 and Dashcoin
[00:20.640 --> 00:25.840]  is up at $344 U.S. currency.
[00:25.840 --> 00:34.840]  Today in History, the year 1943, the Monterey Institute of Technology, one of the largest
[00:34.840 --> 00:40.240]  and most influential private universities in Latin America, is founded in Monterey, Mexico.
[00:40.240 --> 00:41.520]  Today in History.
[00:41.520 --> 00:48.680]  In recent news, Iraqi authorities have opened criminal proceedings and set charges against
[00:48.680 --> 00:52.760]  a 16-year-old German schoolgirl, Linda Winsall, who initially ran away from her family in
[00:52.760 --> 00:54.880]  Germany in order to join ISIS.
[00:54.880 --> 00:59.040]  She was captured by Iraqi authorities in the ISIS-controlled territory of Mosul back in
[00:59.040 --> 01:00.040]  July.
[01:00.040 --> 01:04.800]  And as recent as last month, she made headlines again when an officer of Iraqi's elite counterterrorism
[01:04.800 --> 01:08.000]  unit told the Telegraph that she was a sniper for ISIS.
[01:08.000 --> 01:11.680]  It was last year when Linda fled to Turkey, then to Syria, and eventually was smuggled
[01:11.680 --> 01:17.320]  into Iraq, all the way from her hometown in Pulsnitz to marry her Chechen ISIS fighter.
[01:17.320 --> 01:21.160]  Iraqi security sources previously said that she worked with the ISIS moral police, which
[01:21.160 --> 01:25.760]  is responsible for conforming women to strict dress codes with anyone who did not obey facing
[01:25.760 --> 01:27.520]  a whipping or even wars.
[01:27.520 --> 01:32.000]  Yet, it is still unclear if Linda was involved in the actual act of punishing or if she just
[01:32.000 --> 01:34.680]  reported on the women who had failed to comply.
[01:34.680 --> 01:38.680]  Speaking anonymously, an Iraqi soldier told reporters that they found her with a gun in
[01:38.680 --> 01:43.480]  her hand next to her Chechen husband, who was then killed by Iraqi forces in a firefight.
[01:43.480 --> 01:46.960]  She said that she had killed a number of our men in battle.
[01:46.960 --> 01:52.000]  The MP Vian Dakhil continued to back up the claims that she was found with explosives and
[01:52.000 --> 01:54.000]  was ready to attack the advancing troops.
[01:54.000 --> 01:58.040]  Technically, Iraqi authorities could sentence her to death for fighting for the theocratic
[01:58.040 --> 02:02.680]  militant group, although unlikely since, believe it or not, German authorities are engaging
[02:02.680 --> 02:07.240]  in high-level talks with Baghdad to see if she can be brought home and be reunited with
[02:07.240 --> 02:12.800]  her family.
[02:12.800 --> 02:16.480]  Police at Henry County Police Department and Atlantis Serb are trying to find the owner
[02:16.480 --> 02:20.440]  of a tiger who was shot dead by police after it wandered into a neighborhood and attacked
[02:20.440 --> 02:21.440]  a dog.
[02:21.440 --> 02:25.640]  Spotted around 6 a.m. Saturday morning on the highway then running to a nearby community
[02:25.640 --> 02:27.680]  eventually attacking a neighborhood dog.
[02:27.680 --> 02:31.800]  The PD stated that, quote, with the tiger in close proximity to a school bus route and
[02:31.800 --> 02:35.880]  an intensely populated area, officers made the decision to put the animal down, with
[02:35.880 --> 02:40.200]  gunfire, fearing that occupants of the home could be in danger, as well as others in
[02:40.200 --> 02:57.080]  the area.
[03:10.200 --> 03:32.240]  Okay, howdy howdy, Rhonda Kelton of Rue Le Var Radio on this, the 8th day of September
[03:32.240 --> 03:42.920]  2017, and we are live tonight, I had a little internet issue last night, so it was my fault
[03:42.920 --> 03:49.080]  we couldn't do a show last night, but we're live tonight, we'll have the phones on, we'll
[03:49.080 --> 03:56.680]  keep them on all night, so if you have any comments or questions, give us a call at 9
[03:56.680 --> 04:05.480]  512-646-1984, and we'll start out talking about traffic, which is something we've been
[04:05.480 --> 04:17.560]  working on mostly here lately, and I'm finding that more and more states have essentially
[04:17.560 --> 04:27.000]  the same structure when it concerns who can enforce and who cannot enforce.
[04:27.000 --> 04:35.360]  Those who listen to my show are aware that I don't take on the right to travel issue.
[04:35.360 --> 04:44.880]  This is what most people have claimed in trying to avoid the driver's license and registration.
[04:44.880 --> 04:49.240]  Frankly, I didn't try to avoid either one of those.
[04:49.240 --> 04:57.680]  I am a licensed driver, and I can operate in commerce if I choose to, primarily I did
[04:57.680 --> 05:03.080]  that because this fighting the right to travel issue was not a fight I wanted to have, I
[05:03.080 --> 05:09.640]  got a lot of other fights I'm having, but I have a lot of people who have traffic issues,
[05:09.640 --> 05:19.040]  and I'm in the process of implementing my electronic lawyer, and traffic was the simplest
[05:19.040 --> 05:21.080]  way to get it started.
[05:21.080 --> 05:29.840]  I've been researching the case law and other states, and pretty well what the case law
[05:29.840 --> 05:37.040]  is saying is that yes, indeed, you have a right to travel.
[05:37.040 --> 05:44.520]  The federal right to travel, according to the case law I've been reading, only implicates
[05:44.520 --> 05:52.280]  the right to ingress and egress from a particular state.
[05:52.280 --> 05:58.040]  The constitutional right to travel grants you the right to travel from state to state,
[05:58.040 --> 06:03.040]  and that's all the authority the feds would have in that regard.
[06:03.040 --> 06:10.880]  And all of the states recognize a right to travel within the states.
[06:10.880 --> 06:18.920]  And what the case law is saying is while you have a right to travel, how you exercise that
[06:18.920 --> 06:28.200]  right is regulatable by the states, and the states have chosen to regulate that activity
[06:28.200 --> 06:35.280]  in certain regard, and it's not unreasonable.
[06:35.280 --> 06:43.480]  When we look at the laws, they're always tested by the reasonable person of ordinary
[06:43.480 --> 06:51.400]  prudence standard, and a reasonable person of ordinary prudence would not put a 10-year-old
[06:51.400 --> 06:58.440]  in a 3,500-pound piece of pig iron and send him out to hurl it down the highway at 60 or
[06:58.440 --> 07:00.760]  70 miles an hour.
[07:00.760 --> 07:07.880]  Now everybody says, oh yeah, but I have a right to travel, and so does that 10-year-old.
[07:07.880 --> 07:18.120]  But we cannot exercise our rights in a way that would put the rights of another in jeopardy,
[07:18.120 --> 07:26.720]  specifically the right to be free from wholesale slaughter, because this traveling around in
[07:26.720 --> 07:35.520]  3,500 pounds of pig iron has the very real and immediate potential to place the rights
[07:35.520 --> 07:39.920]  to life and liberty of others in grave jeopardy.
[07:39.920 --> 07:44.480]  So the states have elected to regulate how you travel.
[07:44.480 --> 07:51.000]  Now if you ride a horse, you can pretty well travel the way you want to, if you ride a
[07:51.000 --> 07:56.040]  bicycle there are some minor limitations on that, and that's primarily to keep you from
[07:56.040 --> 08:07.080]  getting killed, but driving an automobile they have elected to attempt to regulate the behavior,
[08:07.080 --> 08:11.240]  but they have done a horrible job.
[08:11.240 --> 08:20.400]  Now so far Georgia is the only state that have come across that has statutorily authorized
[08:20.400 --> 08:34.240]  peace officers generally to enforce the commercial transportation code, and while it's not unreasonable
[08:34.240 --> 08:43.680]  to place limitations on how you go about exercising the right to travel, to the degree that you
[08:43.680 --> 08:53.640]  restrict how you exercise that right, and you add restrictions that would tend to protect
[08:53.640 --> 08:58.640]  the health and safety of everybody else, and I can hardly see how someone could find
[08:58.640 --> 09:07.560]  that either offensive or even an imposition on our rights, because certainly no one will
[09:07.560 --> 09:13.680]  object to say that I have a right to bear arms, does that mean I have a right to bear
[09:13.680 --> 09:19.480]  arms against you capriciously and arbitrarily.
[09:19.480 --> 09:29.960]  We have recognized the reasonableness of certain restrictions on how we bear those weapons,
[09:29.960 --> 09:40.280]  and nobody, the states have not said you can't drive a vehicle, they're just saying we regulate
[09:40.280 --> 09:47.680]  how you drive that vehicle, and we have a right to do so, and the case laws have held
[09:47.680 --> 09:48.680]  that.
[09:48.680 --> 09:57.560]  Okay, the state has a right to regulate, problem, they haven't properly exercised the right
[09:57.560 --> 10:06.440]  back in the mid to late 40s, Harry Truman after World War II, Harry Truman built roads
[10:06.440 --> 10:12.000]  before he became a president, that's what he did, when he became a president one of
[10:12.000 --> 10:18.000]  his pet peas was 50,000 people a year killed on the highways, and he said this is outrageous,
[10:18.000 --> 10:22.960]  and in the late 40s there weren't that many vehicles out here.
[10:22.960 --> 10:30.440]  So 50,000 a year of the number of vehicles that were out there was an outrageous amount,
[10:30.440 --> 10:39.040]  and he said about building highways that were safer by their nature and design, and he also
[10:39.040 --> 10:46.800]  said about licensing the use of heavy trucks because primarily the biggest danger at the
[10:46.800 --> 10:55.600]  time was heavy trucks, heavy trucks were horribly made, horribly maintained, and pushed to their
[10:55.600 --> 11:00.680]  limit to make profit, and they were slaughtering people on the highways.
[11:00.680 --> 11:11.000]  So the states with the feds put together a commercial transportation code, and asked
[11:11.000 --> 11:20.080]  the states to adopt it so that the codes would be relatively uniform across all of the states,
[11:20.080 --> 11:28.240]  and that was essentially a necessary component in the right to travel even when you're traveling
[11:28.240 --> 11:34.520]  for the purpose of commerce, because if you had a whole different set of regulations in
[11:34.520 --> 11:43.520]  each state, it would be almost impossible for someone to be comfortable in the ability to
[11:43.520 --> 11:46.240]  abide by the law.
[11:46.240 --> 11:49.040]  So all of the states did that.
[11:49.040 --> 11:55.280]  They adopted the federal model transportation code, or the federal transportation code
[11:55.280 --> 12:03.240]  as it's enacted, and then they made their own alterations to it.
[12:03.240 --> 12:15.680]  But the federal transportation code was specifically designed as a professional conduct code.
[12:15.680 --> 12:24.280]  At the time they did not, I don't know if they didn't see it as necessary to regulate
[12:24.280 --> 12:31.120]  noncommercial use, or they didn't feel like they could get it passed, but in either case
[12:31.120 --> 12:38.440]  they did not regulate noncommercial use, only commercial use.
[12:38.440 --> 12:42.880]  One of the reasons may have been that they were the trucks with the primary culprits.
[12:42.880 --> 12:51.440]  Okay, they instituted this transportation code, this motivated these motivational laws,
[12:51.440 --> 12:59.080]  but the county sheriffs were busy enough as it was, they didn't have time to enforce
[12:59.080 --> 13:02.160]  a professional conduct code.
[13:02.160 --> 13:09.400]  I mean, we have professional conduct codes, we have electricians, plumbers, we have private
[13:09.400 --> 13:18.200]  investigators, lawyers, doctors, all of these licensed professions have a professional conduct
[13:18.200 --> 13:26.360]  code, and there were specific methods of enforcing.
[13:26.360 --> 13:32.720]  All of these professional conduct codes were codes of limited enforcement, not general
[13:32.720 --> 13:33.720]  enforcement.
[13:33.720 --> 13:41.880]  A policeman could not cite a plumber for violating the plumbing code.
[13:41.880 --> 13:48.840]  This was restricted to certain inspectors and investigators that enforce the code of
[13:48.840 --> 13:49.840]  that profession.
[13:49.840 --> 13:58.640]  Well, we needed a group to enforce the transportation code, so they created state police, and it
[13:58.640 --> 14:01.360]  took me a while to get my head wrapped around that.
[14:01.360 --> 14:06.360]  Before this time, we didn't have state police.
[14:06.360 --> 14:08.400]  We had county sheriffs.
[14:08.400 --> 14:16.600]  It was the county sheriff who was the law enforcement official for the county, and every
[14:16.600 --> 14:23.040]  county had one, each sheriff was independent in his own jurisdiction, and he was the head
[14:23.040 --> 14:24.400]  law enforcement official.
[14:24.400 --> 14:31.320]  We didn't have state police, but once they put in this transportation code, it was a
[14:31.320 --> 14:37.080]  professional conduct code, they needed somebody to enforce it, and the only way to enforce
[14:37.080 --> 14:43.080]  it is to be out there on the highways, so they put together state police for the purpose
[14:43.080 --> 14:52.120]  of enforcing a professions code, the commercial transportation code.
[14:52.120 --> 14:59.480]  It is still written in the law this way from most states to this day.
[14:59.480 --> 15:02.600]  This is what I keep finding.
[15:02.600 --> 15:04.880]  I'm here in Tennessee now.
[15:04.880 --> 15:13.960]  Tennessee is the same way as Texas in that the highway patrol in Tennessee is authorized
[15:13.960 --> 15:17.720]  to enforce the motor vehicle laws.
[15:17.720 --> 15:26.920]  A peace officer may write a traffic citation if he is investigating an accident, and he
[15:26.920 --> 15:31.960]  may write that citation in conjunction with the accident.
[15:31.960 --> 15:34.440]  That's it.
[15:34.440 --> 15:46.280]  That is the only authorization for peace officers to enforce a public transportation code.
[15:46.280 --> 15:50.160]  The way I'm addressing this, we're not going to write to travel.
[15:50.160 --> 15:52.600]  Okay, you got to write to travel.
[15:52.600 --> 15:55.480]  What the case law is saying, not a problem.
[15:55.480 --> 16:00.400]  That's not implicated by the requirements that you have a commercial driver's license.
[16:00.400 --> 16:08.160]  Let's say if you're going to travel using 3,500 pounds of pig iron that you're going
[16:08.160 --> 16:15.480]  to hurdle down the highway at 60 or 70 miles an hour, we need to make sure you have a basic
[16:15.480 --> 16:21.760]  set of knowledge and that you understand the nature of this piece of equipment.
[16:21.760 --> 16:24.800]  We ask you to get a commercial transportation license.
[16:24.800 --> 16:30.600]  In order to get that license, you have to pass the test and meet certain demonstrated
[16:30.600 --> 16:33.960]  skill requirements.
[16:33.960 --> 16:40.200]  The courts have held that's not an unreasonable intrusion on your right to travel.
[16:40.200 --> 16:44.840]  As a matter of fact, it doesn't interfere with your right to travel at all.
[16:44.840 --> 16:52.600]  It just makes certain requirements so that you can travel with a motor vehicle.
[16:52.600 --> 16:58.640]  Hang on, Randy Kelton, for Wheel of Law Radio, a call in number 512-646-1984, we'll be right
[16:58.640 --> 16:59.640]  back.
[16:59.640 --> 17:00.640]  Dang, cookies.
[17:00.640 --> 17:01.640]  Cookie?
[17:01.640 --> 17:02.640]  Me love cookies.
[17:02.640 --> 17:04.640]  Oh, hi, Cookie Munchers.
[17:04.640 --> 17:06.640]  No, these are yucky cookies.
[17:06.640 --> 17:07.640]  Cookie?
[17:07.640 --> 17:08.640]  Yucky?
[17:08.640 --> 17:09.640]  No, no bad cookies.
[17:09.640 --> 17:10.640]  You can't even eat these cookies.
[17:10.640 --> 17:11.640]  These are cyber cookies.
[17:11.640 --> 17:13.640]  No, can't eat it.
[17:13.640 --> 17:16.640]  No, they are cyber cookies and they clog up your computer.
[17:16.640 --> 17:17.640]  Me have apples.
[17:17.640 --> 17:18.640]  Really?
[17:18.640 --> 17:20.640]  Oh, that's an actual apple.
[17:20.640 --> 17:22.640]  Mmm, yummy apple.
[17:22.640 --> 17:26.640]  I'm going to throw away these yucky cookies in the trash.
[17:26.640 --> 17:32.640]  I click control, shift, delete, and then scroll down to cookies and clear them.
[17:32.640 --> 17:34.640]  Bye-bye, yucky cookies.
[17:34.640 --> 17:40.640]  Now, I go to logosradionetwork.com and I click on the Amazon box on the upper right-hand
[17:40.640 --> 17:46.640]  side, bookmark the link, and I can go to Amazon through this link and order you some yummy
[17:46.640 --> 17:47.640]  new cookie.
[17:47.640 --> 17:48.640]  New cookies?
[17:48.640 --> 17:49.640]  For me?
[17:49.640 --> 17:50.640]  Early Christmas presents.
[17:50.640 --> 17:55.640]  And every time I order on Amazon, I go through this link and I give a little present to this
[17:55.640 --> 17:56.640]  radio network, too.
[17:56.640 --> 17:57.640]  These are cookies.
[17:57.640 --> 17:59.640]  These are classified.
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[19:00.640 --> 19:29.640]  If you're listening to the Logos Radio Network, www.logosradionetwork.com.
[19:29.640 --> 19:31.640]  Okay, we are back.
[19:31.640 --> 19:38.640]  Randy Kelton, rule of law radio on this Friday, the eighth day of September, 2017.
[19:38.640 --> 19:41.640]  We have Mr. Kate Magnuson on with us.
[19:41.640 --> 19:44.640]  I did want to finish this part up.
[19:44.640 --> 19:50.640]  I'm trying to get this to make sense based on the direction that I'm going and try to
[19:50.640 --> 19:54.640]  give us an approach that will be more effective.
[19:54.640 --> 20:01.640]  I like to look at approaches that go to the heart of the legal system.
[20:01.640 --> 20:07.640]  I want to go in and raise an issue that if they rule against me, it will destabilize the
[20:07.640 --> 20:09.640]  whole system.
[20:09.640 --> 20:21.640]  So the issue I'm bringing is that when the officer pulled me over and wrote this citation,
[20:21.640 --> 20:27.640]  now I'm not going to argue that he didn't have, directly, that he didn't have the right
[20:27.640 --> 20:29.640]  to enforce.
[20:29.640 --> 20:37.640]  I'm going to argue that the citation he wrote was insufficient on its face to invoke
[20:37.640 --> 20:41.640]  subject matter jurisdiction in the court.
[20:41.640 --> 20:45.640]  So that's right at the beginning of everything.
[20:45.640 --> 20:52.640]  So first step always in any case, no matter what it is, the very first thing is you have
[20:52.640 --> 20:54.640]  to establish jurisdiction.
[20:54.640 --> 21:02.640]  If you've ever written a civil suit, it starts out with the heading and then a basic, this
[21:02.640 --> 21:10.640]  is what the nature of the suit is, and then from there it goes to parties and then it
[21:10.640 --> 21:12.640]  goes to jurisdiction.
[21:12.640 --> 21:16.640]  Because this is what the court must determine.
[21:16.640 --> 21:18.640]  What are we talking about here?
[21:18.640 --> 21:23.640]  Is this something I even have anything to do with?
[21:23.640 --> 21:26.640]  This guy was flying an airplane without a license.
[21:26.640 --> 21:28.640]  Why don't everything do with that?
[21:28.640 --> 21:30.640]  So that goes to jurisdiction.
[21:30.640 --> 21:32.640]  Then parties, who are the parties?
[21:32.640 --> 21:35.640]  Are these individuals I would have jurisdiction in?
[21:35.640 --> 21:38.640]  Then it goes to the jurisdiction section.
[21:38.640 --> 21:50.640]  I'm going to mute you just for the moment.
[21:50.640 --> 21:54.640]  So I lost my place.
[21:54.640 --> 21:58.640]  I'm going to jurisdiction.
[21:58.640 --> 22:00.640]  That's the first place we want to go.
[22:00.640 --> 22:11.640]  And in order for the court to have jurisdiction, the charging instrument must be sufficient
[22:11.640 --> 22:16.640]  to indicate that the court has jurisdiction.
[22:16.640 --> 22:21.640]  And in order to do that, it must state all the elements.
[22:21.640 --> 22:22.640]  Okay.
[22:22.640 --> 22:24.640]  You're unmuted now, Ken.
[22:24.640 --> 22:27.640]  You're still making background noises.
[22:27.640 --> 22:28.640]  Okay.
[22:28.640 --> 22:31.640]  It's probably my phone.
[22:31.640 --> 22:41.640]  So the first thing we want to know is the charging instrument sufficient to invoke
[22:41.640 --> 22:44.640]  the subject matter jurisdiction of the court?
[22:44.640 --> 22:52.640]  And while it must have all the elements of the crime, that gets into whether I'm in
[22:52.640 --> 22:54.640]  commerce or not.
[22:54.640 --> 22:58.640]  Let me get to that.
[22:58.640 --> 23:08.640]  Since a traffic issue is an issue of limited enforcement, then it follows that the individual
[23:08.640 --> 23:18.640]  who asserts the authority to enforce must show that he has that authority.
[23:18.640 --> 23:25.640]  Ken, have you ever seen a ticket that showed the authority of the officer to enforce?
[23:25.640 --> 23:29.640]  Now, one that meets the requirements in Texas under the statute.
[23:29.640 --> 23:30.640]  Yeah.
[23:30.640 --> 23:37.640]  I've never seen one that addressed the officer's authority at all.
[23:37.640 --> 23:39.640]  It doesn't even go there.
[23:39.640 --> 23:47.640]  Now, if a peace officer arrests you for a violation of the penal code, peace officers are
[23:47.640 --> 23:52.640]  specifically authorized to enforce the penal code.
[23:52.640 --> 24:03.640]  So addressing his authority to enforce would be, I don't know, it'd be self-evident, the
[24:03.640 --> 24:06.640]  fact that he is a certified peace officer.
[24:06.640 --> 24:10.640]  And when you, if you ever get into court with one of these guys, they'll always state first
[24:10.640 --> 24:12.640]  that they're a certified peace officer.
[24:12.640 --> 24:18.640]  When you get in court with someone on traffic, they will assert that they're a certified
[24:18.640 --> 24:19.640]  peace officer.
[24:19.640 --> 24:23.640]  And I'm going to say, whoa, whoa, wait, hold on.
[24:23.640 --> 24:27.640]  This is not a penal code issue.
[24:27.640 --> 24:32.640]  This is an issue of a professional conduct code and a code of limited enforcement.
[24:32.640 --> 24:39.640]  We need more than I am a peace officer and I wear this beefy little uniform.
[24:39.640 --> 24:46.640]  So first place you want to go, you're authority to enforce.
[24:46.640 --> 24:56.640]  And frankly, you can keep these guys in court until both of you get old, just on this issue.
[24:56.640 --> 25:04.640]  And this is an issue that if the courts rule against you and say, oh, you can't ask these
[25:04.640 --> 25:12.640]  judges, then that essentially undermines everything.
[25:12.640 --> 25:19.640]  Every police officer who would, you know, you wouldn't have a big police officer.
[25:19.640 --> 25:30.640]  You could be anybody and write a criminal complaint and give it to the, and wait a minute,
[25:30.640 --> 25:33.640]  you can do that.
[25:33.640 --> 25:36.640]  That was not a good example.
[25:36.640 --> 25:38.640]  Can help me out here.
[25:38.640 --> 25:46.640]  Well, it would be equivalent to having Ken, the traffic officer writing tickets for Randy,
[25:46.640 --> 25:54.640]  the Honorable Justice Randy Kelton to have his own traffic court.
[25:54.640 --> 26:05.640]  Or citing me for violating a building code.
[26:05.640 --> 26:08.640]  He didn't have any authority to cite me for a building code.
[26:08.640 --> 26:18.640]  Now, a building inspector can do that, but not a police officer because it's not a penal issue.
[26:18.640 --> 26:25.640]  Some things can be penal in these professional conduct codes.
[26:25.640 --> 26:30.640]  But even so, only those authorized to enforce the code.
[26:30.640 --> 26:33.640]  I've kind of stumbled into a quagmire here.
[26:33.640 --> 26:40.640]  I think the point is clear that we're going after the authority of the officer.
[26:40.640 --> 26:48.640]  In traffic in Texas, Tennessee and Illinois, specifically, that I've actually looked at the code.
[26:48.640 --> 26:50.640]  It's very clear.
[26:50.640 --> 26:59.640]  In Illinois, the code says, only the secretary of state may enforce transportation code.
[26:59.640 --> 27:04.640]  In Illinois, the state police are called secretary of state police.
[27:04.640 --> 27:12.640]  In Tennessee, only the highway patrol may enforce the motor vehicle laws.
[27:12.640 --> 27:19.640]  Texas, only the Department of Public Safety may enforce the transportation code.
[27:19.640 --> 27:25.640]  They were created for that specific and limited purpose.
[27:25.640 --> 27:38.640]  In the administrative code that created the Department of Public Safety, it specifically states, the Department of Public Safety shall not enforce the penal laws.
[27:38.640 --> 27:49.640]  Except at the direction of, at the request of and under the direction of local law enforcement.
[27:49.640 --> 27:52.640]  They were created as traffic cops and traffic cops only.
[27:52.640 --> 27:56.640]  And they were the only ones given gentlemen authority to enforce.
[27:56.640 --> 28:14.640]  Now, in Texas code, unlike Tennessee and Illinois, a county commissioners court can cause to be appointed five deputies who are already functioning deputies.
[28:14.640 --> 28:22.640]  They can appoint them to enforce the transportation code and they must do it from motorcycles.
[28:22.640 --> 28:26.640]  Unless there is inclement, inclement weather.
[28:26.640 --> 28:30.640]  Right there in the code, clearest day.
[28:30.640 --> 28:34.640]  Last ticket I got was a sunshiny day.
[28:34.640 --> 28:38.640]  Sheriff's deputy, he was not on a motorcycle.
[28:38.640 --> 28:43.640]  So my presumption was that he could not be one of these five deputies.
[28:43.640 --> 28:49.640]  Well, it turns out I've never come across a county who knew what I was talking about.
[28:49.640 --> 28:53.640]  But when I did bring this issue.
[28:53.640 --> 28:58.640]  And some complaints to a justice of peace.
[28:58.640 --> 28:59.640]  I'm sorry.
[28:59.640 --> 29:09.640]  When I brought this issue to the county commissioners court to the county judge judge at the county commissioners court, I wanted to see those authorizations.
[29:09.640 --> 29:19.640]  He had no idea what I was talking about, but the next time I went to the sheriff's department, they were already familiar with it because he got them looking.
[29:19.640 --> 29:22.640]  And they checked and found out that I was right.
[29:22.640 --> 29:24.640]  They've never brought my ticket.
[29:24.640 --> 29:28.640]  I've never been requested to appear on this ticket.
[29:28.640 --> 29:32.640]  I can't get them to because they checked it and it was right.
[29:32.640 --> 29:35.640]  So anyway, that's where I'm going.
[29:35.640 --> 29:41.640]  Ken has some issues he wants to bring and we will pick that up when we come back on the other side.
[29:41.640 --> 29:43.640]  This is Randy Kelton with La Radio.
[29:43.640 --> 29:45.640]  Our call in, our call lines are open.
[29:45.640 --> 29:46.640]  I think they're open.
[29:46.640 --> 29:48.640]  I just made sure.
[29:48.640 --> 29:54.640]  So if you have a question or comment, give us a call 512-646-1984.
[29:54.640 --> 29:58.640]  Scott has some interesting stuff he wants to bring when he comes on.
[29:58.640 --> 30:02.640]  We'll be right back.
[30:02.640 --> 30:05.640]  Remember Madonna's hit song, Express Yourself?
[30:05.640 --> 30:10.640]  Well, the material girl's anthem turns out to be very good advice for couples.
[30:10.640 --> 30:14.640]  I'm Dr. Katherine Albrecht and I'll be back to tell you why in just a moment.
[30:14.640 --> 30:16.640]  Privacy is under attack.
[30:16.640 --> 30:20.640]  When you give up data about yourself, you'll never get it back again.
[30:20.640 --> 30:24.640]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:24.640 --> 30:26.640]  So protect your rights.
[30:26.640 --> 30:30.640]  Say no to surveillance and keep your information to yourself.
[30:30.640 --> 30:32.640]  It's worth hanging on to.
[30:32.640 --> 30:35.640]  This public service announcement is brought to you by StartPage.com,
[30:35.640 --> 30:39.640]  the private search engine alternative to Google, Yahoo, and Bing.
[30:39.640 --> 30:42.640]  Start over with StartPage.
[30:42.640 --> 30:46.640]  Comedian Phyllis Diller might have been on to something when she joked,
[30:46.640 --> 30:49.640]  never go to bed mad, stay up and fight.
[30:49.640 --> 30:56.640]  Researchers at the University of Michigan studied marital conflict in 197 couples over 17 years.
[30:56.640 --> 31:00.640]  Couples where both partners suppressed their anger over unfair attacks
[31:00.640 --> 31:05.640]  were twice as likely to die earlier than couples where at least one partner expressed their anger.
[31:05.640 --> 31:12.640]  Professor Ernest Harberg, the lead author of the study, says couples should identify healthy ways to handle their conflicts
[31:12.640 --> 31:14.640]  and work them through to resolution.
[31:14.640 --> 31:18.640]  He warns that couples who bury their anger, brood on it and resent their partners,
[31:18.640 --> 31:22.640]  are setting themselves up for trouble and shorter lives.
[31:22.640 --> 31:27.640]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[31:52.640 --> 32:04.640]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[32:04.640 --> 32:07.640]  In today's America, we live in an us against them society,
[32:07.640 --> 32:09.640]  and if we the people are ever going to have a free society,
[32:09.640 --> 32:12.640]  then we're going to have to stand and defend our own rights.
[32:12.640 --> 32:15.640]  Among those rights are the right to travel freely from place to place,
[32:15.640 --> 32:17.640]  the right to act in our own private capacity,
[32:17.640 --> 32:19.640]  and most importantly, the right to due process of law.
[32:19.640 --> 32:25.640]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
[32:25.640 --> 32:28.640]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio,
[32:28.640 --> 32:33.640]  has put together the most comprehensive teaching tool available that will help you understand what due process is
[32:33.640 --> 32:35.640]  and how to hold courts to the rule of law.
[32:35.640 --> 32:39.640]  You can get your own copy of this invaluable material by going to ruleoflawradio.com
[32:39.640 --> 32:40.640]  and ordering your copy today.
[32:40.640 --> 32:45.640]  By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law vs. the Lie.
[32:45.640 --> 32:50.640]  Audio of the original 2009 seminar, hundreds of research documents and other useful resource material.
[32:50.640 --> 32:54.640]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:54.640 --> 32:58.640]  Order your copy today and together we can have the free society we all want and deserve.
[33:03.640 --> 33:10.640]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:10.640 --> 33:15.640]  Yeah, I got that one right.
[33:15.640 --> 33:19.640]  And I'm going to solve that.
[33:19.640 --> 33:27.640]  Okay, we are back. Randy Kelk, Rule of Law Radio, and we've got to Ken Langston.
[33:27.640 --> 33:31.640]  Okay, Ken, you had some comments on the traffic issue.
[33:31.640 --> 33:38.640]  Right. The interesting thing, when you and I were starting to do research on traffic years ago,
[33:38.640 --> 33:44.640]  I had actually, before my father passed away, I had actually asked him, he grew up in Chicago,
[33:44.640 --> 33:50.640]  and back in the 1930s, when he became of age and started driving,
[33:50.640 --> 33:56.640]  and for what he related to me like a maniac.
[33:56.640 --> 34:05.640]  But anyway, the issue was that the traffic was all in the criminal code in Illinois at that time.
[34:05.640 --> 34:09.640]  And all of a sudden, abruptly, it moved over to the civil code.
[34:09.640 --> 34:13.640]  And I'm thinking this went to the issue of Ray Mendes,
[34:13.640 --> 34:18.640]  the idea that somebody could come in and say, I didn't see the sign or I didn't mean to speak.
[34:18.640 --> 34:22.640]  You have a proof that they intended to break the law.
[34:22.640 --> 34:28.640]  The equivalent to that would be as if you accidentally go into your neighbor's house during a thunderstorm or whatever,
[34:28.640 --> 34:34.640]  because you can't see, you didn't track that or break into the neighbor's house intentionally
[34:34.640 --> 34:38.640]  or break the law. You did so by accident or mistake.
[34:38.640 --> 34:42.640]  And that's exactly why I think they moved it over to civil.
[34:42.640 --> 34:47.640]  And the interesting thing in Texas, Texas, it was in the Vernon Civil Statute for a long time,
[34:47.640 --> 34:50.640]  listed as speeding as an offense.
[34:50.640 --> 34:55.640]  They didn't describe it as a class B, class C, or class A, or a felony.
[34:55.640 --> 34:59.640]  It was fine only offense.
[34:59.640 --> 35:06.640]  Confusion then came in when they passed the Municipal Court Act, which basically said that the
[35:06.640 --> 35:17.640]  municipal courts could only enforce fine only city ordinances and fine only class D misdemeanors.
[35:17.640 --> 35:22.640]  So it essentially took away the ability for them to actually hear traffic cases.
[35:22.640 --> 35:28.640]  And I was actually successful in a number of jurisdictions to help people get their case dismissed because of that issue.
[35:28.640 --> 35:36.640]  But the legislature went back at some point in time to think back about the time they made the transportation code.
[35:36.640 --> 35:40.640]  They went back and modified the Municipal Court Act.
[35:40.640 --> 35:46.640]  And it now says anything listed as an offense that's fine only is now a class D misdemeanor.
[35:46.640 --> 35:53.640]  So they have turned all of the traffic cases into class D misdemeanors,
[35:53.640 --> 35:58.640]  despite the fact that they're sitting over there in an administrative code.
[35:58.640 --> 36:04.640]  So, I mean, you want to talk about making a pig's breakfast of law.
[36:04.640 --> 36:05.640]  This is what they've done.
[36:05.640 --> 36:08.640]  They've created this great confusion over it.
[36:08.640 --> 36:14.640]  But that's not the problem because the problem is the individual municipalities don't care.
[36:14.640 --> 36:20.640]  They just want to drag people in and say you broke the law and have you opened up your checkbook and pay them money
[36:20.640 --> 36:28.640]  without ever proving that you actually violated or that they had any jurisdiction over the issue that's been related to the court.
[36:28.640 --> 36:40.640]  So, I think the state legislature has been very remiss in clearly delineating where the law is established
[36:40.640 --> 36:50.640]  for the state of Texas for drivers as opposed to, you know, where we are at this point.
[36:50.640 --> 36:56.640]  No, my reading of the code is very, very clear.
[36:56.640 --> 37:05.640]  Those offenses listed under the transportation code are strictly the purview of the Department of Public Safety.
[37:05.640 --> 37:07.640]  That's what the code says.
[37:07.640 --> 37:11.640]  It is not capricious. It is not arbitrary.
[37:11.640 --> 37:14.640]  And it's not hard to understand.
[37:14.640 --> 37:16.640]  It says that specifically.
[37:16.640 --> 37:24.640]  Yeah, I was meaning the issue of where they were talking about whether the municipal court had jurisdiction or not.
[37:24.640 --> 37:31.640]  They had blurred the lines with this issue over whether or not it was a class misdemeanor or it was an offense.
[37:31.640 --> 37:36.640]  Okay, that is a good point because when I was going to Illinois law,
[37:36.640 --> 37:47.640]  it was interesting in that it, while it, where it gave the Secretary of State authority to enforce,
[37:47.640 --> 38:00.640]  it only conditionally gave municipalities authority to prosecute motor vehicle law violations
[38:00.640 --> 38:07.640]  under the request of or with the permission of the Secretary of State.
[38:07.640 --> 38:10.640]  They had to specifically have permission.
[38:10.640 --> 38:12.640]  It's right here in the code.
[38:12.640 --> 38:24.640]  This sounds like, this sounds like the states implemented or created state police to enforce traffic,
[38:24.640 --> 38:30.640]  to get traffic out of the hands of local law enforcement.
[38:30.640 --> 38:37.640]  I sure need to check the legislative intent to see if that's actually the case.
[38:37.640 --> 38:50.640]  Well, because part of this is also a possibility that they blurred the lines to confuse the public so that they would be willingly opening their wallets and writing checks.
[38:50.640 --> 38:58.640]  So they follow the law even though everybody down in Austin knows, you know, wink, wink, not, not.
[38:58.640 --> 39:02.640]  This really doesn't, we can't really enforce this, but we're going anyway.
[39:02.640 --> 39:04.640]  We're going to pretend we can.
[39:04.640 --> 39:15.640]  So I'm trying to understand, if I better understood the history, if it is the way I'm beginning to think it is,
[39:15.640 --> 39:25.640]  because they already had enforcement of traffic laws and then into the late to mid 40s,
[39:25.640 --> 39:30.640]  they changed all that and put in a special police to enforce that.
[39:30.640 --> 39:42.640]  Now, why would they create a whole very large department and limit them to traffic while taking traffic away from local law enforcement?
[39:42.640 --> 39:48.640]  I think they were deliberately concerned about the issue of commerce clause and jurisdiction.
[39:48.640 --> 39:55.640]  I think there was probably a lot more, yeah, a lot more consideration to the issue of the right to travel than,
[39:55.640 --> 40:00.640]  and they were worried that they would create some sort of, so they created this other system.
[40:00.640 --> 40:02.640]  So at least it was a system unto itself.
[40:02.640 --> 40:07.640]  So now the courts could rule and ultimately, if it ever got Supreme Court,
[40:07.640 --> 40:15.640]  they could determine whether or not the authority was appropriate or not, but in the interim, they'd be handing out tickets.
[40:15.640 --> 40:20.640]  Yeah, but initially, originally, it would only be to commercial drivers,
[40:20.640 --> 40:26.640]  and then they told everybody to get a driver's license, they required it,
[40:26.640 --> 40:36.640]  and then they presumed that everyone was in commerce and everyone seemed to buy that store.
[40:36.640 --> 40:44.640]  Whatever worked, now let's see if we can tear them apart with the details.
[40:44.640 --> 40:48.640]  You had another issue you wanted to address.
[40:48.640 --> 40:55.640]  Yes, on the news, everybody's been probably inundated by news about the hurricanes and everything,
[40:55.640 --> 41:01.640]  and the hurricane in Texas raised some issues that I heard recently,
[41:01.640 --> 41:09.640]  which is about if anybody's listening to rule of law radio by chance or is impacted by the hurricane along the Texas coast.
[41:09.640 --> 41:13.640]  The issue that came up was the issue of if you were renting an apartment,
[41:13.640 --> 41:16.640]  that the apartment complex continued to collect the rent,
[41:16.640 --> 41:23.640]  even though the apartment was unfit to live in or you weren't allowed access by officials.
[41:23.640 --> 41:31.640]  The other issue came up is whether or not you still had to pay your mortgage or any of those kinds of situations,
[41:31.640 --> 41:35.640]  and all of these require legal process.
[41:35.640 --> 41:46.640]  You still, in the case of floods and emergencies and storms, the apartment complex would probably evict you under circumstances,
[41:46.640 --> 41:51.640]  but they can't make you pay rent under the uninhabitability clause in Texas.
[41:51.640 --> 42:03.640]  If you have any questions about this, you need to get a hold of the local legal law lines or whatever that they set up for hurricane victims,
[42:03.640 --> 42:12.640]  and they'll help you either keep your apartment or keep you from having a rent on an apartment that's uninhabitable.
[42:12.640 --> 42:16.640]  I was aware of the uninhabitability clause years ago.
[42:16.640 --> 42:23.640]  The uninhabitability would include no electricity, no air conditioning when air conditioning was part of the agreement,
[42:23.640 --> 42:28.640]  no hot water or water when that's part of the agreement.
[42:28.640 --> 42:37.640]  The issue is that they can't just throw out your belongings without your permission or notification.
[42:37.640 --> 42:48.640]  The apartment complexes that act proficiously and arbitrarily and destroy private property without giving you proper notice and opportunity to claim could be liable for those,
[42:48.640 --> 42:52.640]  even if they were damaged in the hurricane.
[42:52.640 --> 42:59.640]  Is there anything in law that addresses acts of God?
[42:59.640 --> 43:05.640]  The acts of God thing has pretty much gone away, even though they've got acts of God.
[43:05.640 --> 43:11.640]  The issue is that show me where God's hand was in this.
[43:11.640 --> 43:14.640]  No, that's not what I'm talking about.
[43:14.640 --> 43:22.640]  I'm talking about something that's outside the control of any human being.
[43:22.640 --> 43:25.640]  Our construed as acts of God.
[43:25.640 --> 43:29.640]  But storm, you get flood insurance.
[43:29.640 --> 43:36.640]  A fire started by somebody else down the street in his house.
[43:36.640 --> 43:42.640]  Act of insurrection and things like that.
[43:42.640 --> 43:53.640]  But you still have, in your homeowner's policy, you're still covered for fire and everything, except in the case of civil disobedience.
[43:53.640 --> 43:57.640]  If there's a riot and your house burns down, your fire turns to cover you.
[43:57.640 --> 43:59.640]  Hang on, boy.
[44:28.640 --> 44:31.640]  The A.R. 308, 80% lower.
[44:31.640 --> 44:34.640]  Fourth place, the A.R. 15, 80% lower.
[44:34.640 --> 44:38.640]  From Fat Sal's Deli, fifth place, $100 gift card for Fat Sal's Deli.
[44:38.640 --> 44:41.640]  Every $25 donation is a chance to win.
[44:41.640 --> 44:43.640]  That's LogosRadioNetwork.com.
[44:43.640 --> 44:48.640]  Also, if you purchase Randy Kelton's e-book, Legal101, you get four chances to win.
[44:48.640 --> 44:52.640]  Purchase Eddie Craig's traffic seminar and get ten chances to win.
[44:52.640 --> 44:55.640]  And remember, every $25 donation is a chance to win.
[44:55.640 --> 44:57.640]  That's LogosRadioNetwork.com for details.
[44:57.640 --> 45:00.640]  And donate today.
[45:00.640 --> 45:03.640]  Are you the plaintiff or defendant in a lawsuit?
[45:03.640 --> 45:07.640]  Win your case without an attorney with Jurisdictionary.
[45:07.640 --> 45:15.640]  The affordable, easy-to-understand four-CD course that will show you how in 24 hours, step by step.
[45:15.640 --> 45:18.640]  If you have a lawyer, know what your lawyer should be doing.
[45:18.640 --> 45:22.640]  If you don't have a lawyer, know what you should do for yourself.
[45:22.640 --> 45:27.640]  Thousands have won with our step-by-step course, and now you can too.
[45:27.640 --> 45:33.640]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[45:33.640 --> 45:38.640]  Even if you're not in a lawsuit, you can learn what everyone should understand
[45:38.640 --> 45:42.640]  about the principles and practices that control our American courts.
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[45:56.640 --> 46:17.640]  Or call toll-free 866-LAW-E-Z.
[46:17.640 --> 46:19.640]  Okay, we are back.
[46:19.640 --> 46:22.640]  Randy Kelton with our radio here with Ken Magnuson.
[46:22.640 --> 46:23.640]  Go ahead, Ken.
[46:23.640 --> 46:25.640]  Oh, wait, wait, before we do.
[46:25.640 --> 46:35.640]  When I spoke to acts of God, I'm speaking to things that are essentially out of the control of,
[46:35.640 --> 46:43.640]  but it would also be out of the reasonable expectation of either party in the contract.
[46:43.640 --> 46:51.640]  If you're in Houston, hurricane damage cannot be outside your expectation.
[46:51.640 --> 46:56.640]  It's like if you live in a floodplain, that has to be in the contract.
[46:56.640 --> 47:04.640]  There in a hurricane prone area would not, hurricane damage, which should be expected,
[47:04.640 --> 47:06.640]  have to be in the contract.
[47:06.640 --> 47:12.640]  Well, the only reason flood insurance is actually offered in these areas,
[47:12.640 --> 47:16.640]  I think, was by federal legislation.
[47:16.640 --> 47:20.640]  Insurance companies really didn't want to insure people for hurricane damage,
[47:20.640 --> 47:29.640]  and they used to exclude damage done to houses by lightning or tornadoes or wind or hail.
[47:29.640 --> 47:33.640]  They used to exclude that, and the various state legislatures said,
[47:33.640 --> 47:35.640]  now, that's not acceptable.
[47:35.640 --> 47:39.640]  We need to have coverage, so they essentially required them.
[47:39.640 --> 47:44.640]  If you're going to write homeowner's policy, you can't exclude or define these acts of God any longer
[47:44.640 --> 47:46.640]  since we know what weather is.
[47:46.640 --> 47:48.640]  It's no longer a mystery.
[47:48.640 --> 48:03.640]  It's up to the insurance carrier to set his rate sufficient to make his business profitable in these areas.
[48:03.640 --> 48:05.640]  Right.
[48:05.640 --> 48:15.640]  I'm going to tell you right now, the entities that I don't trust the most are lawyers at the top of the list,
[48:15.640 --> 48:20.640]  insurance companies second, and third is anybody with a badge.
[48:20.640 --> 48:23.640]  And it's not a thing that they're always bad people.
[48:23.640 --> 48:29.640]  It's just that you can't be guaranteed that they're going to act in good faith.
[48:29.640 --> 48:38.640]  If you're an insurance agent, it is your job to collect as much premium as you can from your client
[48:38.640 --> 48:42.640]  and then avoid paying any claim you possibly can.
[48:42.640 --> 48:53.640]  It reminds me of the, I hate it when I lose words, the circuses and the carnivals that went around.
[48:53.640 --> 49:00.640]  You had these hanky-panks that sold stock where you pick up the duck and you either win something or not.
[49:00.640 --> 49:02.640]  And then you had alibi joints.
[49:02.640 --> 49:06.640]  Wherever you go to a target shoot, that's an alibi joint.
[49:06.640 --> 49:14.640]  If you win, it's the job of the operator to alibi his way out of it.
[49:14.640 --> 49:20.640]  And when I think of insurance adjusters, they're running an alibi joint.
[49:20.640 --> 49:23.640]  It's their job to find a way out of it.
[49:23.640 --> 49:25.640]  And that's to be expected.
[49:25.640 --> 49:27.640]  They're in business.
[49:27.640 --> 49:37.640]  So we use them with bar grievances and such to our advantage, but in other cases, you really got to watch them.
[49:37.640 --> 49:45.640]  The other warning to those that may be listening from Hurricane and may have issues with insurance companies
[49:45.640 --> 49:52.640]  is everything you do, everything you do, you want to get full name, you want identification,
[49:52.640 --> 49:57.640]  you want their driver's license numbers, if insurance companies are adjusted to show up,
[49:57.640 --> 50:02.640]  you want their credentials, if they have to be licensed, you want their license numbers,
[50:02.640 --> 50:04.640]  you want to put everything in writing.
[50:04.640 --> 50:09.640]  If you don't have access to a computer immediately, you need to talk to friends and relatives
[50:09.640 --> 50:11.640]  and have them write it up and type it up.
[50:11.640 --> 50:16.640]  You need to do everything in writing to preserve it for later because if you don't,
[50:16.640 --> 50:23.640]  I guarantee you there are going to be people that are not going to get resolution to the damages that they suffered
[50:23.640 --> 50:26.640]  despite the fact that they paid for the policies.
[50:26.640 --> 50:30.640]  And it's going to be because of sharp practices by the insurance carriers.
[50:30.640 --> 50:33.640]  That's what they do.
[50:33.640 --> 50:36.640]  This goes to one of Ken's four rules.
[50:36.640 --> 50:42.640]  Document, document, document always.
[50:42.640 --> 50:49.640]  If you have a verbal conversation on the phone, you don't have a recorder.
[50:49.640 --> 50:57.640]  When you're done, sit down and write out, best to write out a letter to the person you spoke to
[50:57.640 --> 51:06.640]  or an email saying, this was the gist of this conversation, will you confirm or deny?
[51:06.640 --> 51:11.640]  Then you eliminate this problem down the road, surprise, surprise.
[51:11.640 --> 51:15.640]  We didn't have that conversation or you said something else.
[51:15.640 --> 51:17.640]  Go ahead, Ken.
[51:17.640 --> 51:25.640]  Out of all the years you and I have worked on trying to inform people and educate them about the process,
[51:25.640 --> 51:32.640]  everybody, almost everybody that has lost that comes back to us later crying about how bad it went,
[51:32.640 --> 51:35.640]  they failed to document something.
[51:35.640 --> 51:37.640]  It always comes down to that.
[51:37.640 --> 51:40.640]  They didn't preserve it because they didn't document it.
[51:40.640 --> 51:47.640]  I tell people to make a timeline, keep an accurate, complete timeline.
[51:47.640 --> 51:53.640]  That way you say, I've had a conversation, I got a call from an insurance company on this day.
[51:53.640 --> 51:57.640]  That begs the question, what was said?
[51:57.640 --> 51:59.640]  Write it down.
[51:59.640 --> 52:05.640]  It helps to demonstrate why this is so important.
[52:05.640 --> 52:12.640]  Along that line, if we're going to continue that perspective,
[52:12.640 --> 52:18.640]  the issue of doing anything with professional companies is you should keep a log.
[52:18.640 --> 52:25.640]  If you have access to a computer or your cell phone and your cell phone allows you to keep a notepad or whatever,
[52:25.640 --> 52:33.640]  make notes of what you discussed on the phone, date, time, who you talked to, what phone number, what company was it.
[52:33.640 --> 52:37.640]  Keep a running log, a diary of those conversations.
[52:37.640 --> 52:44.640]  They don't have to be complete verbatim conversations, but just to demonstrate that you actually had the conversation
[52:44.640 --> 52:50.640]  by knowing the date and time and the phone number it was logged in on, you can prove that the call occurred.
[52:50.640 --> 52:53.640]  They can't say we didn't receive a call.
[52:53.640 --> 52:58.640]  I have heard more and more often when things go bad, especially with lawyers,
[52:58.640 --> 53:03.640]  that the lawyer told me this and the lawyer told me that, and then when you get to talk to the lawyer,
[53:03.640 --> 53:08.640]  the lawyer goes, I don't recall having any such conversation or you misunderstood.
[53:08.640 --> 53:14.640]  If you don't actually have a written document that stands on its own language,
[53:14.640 --> 53:18.640]  like Randy talks about all the time, four corners of the document,
[53:18.640 --> 53:25.640]  the issue is that you're going to get into a he said, she said battle, and you're never going to be able to win unless you have proof.
[53:25.640 --> 53:29.640]  And he said, she said, it's not proof.
[53:29.640 --> 53:31.640]  Okay.
[53:31.640 --> 53:35.640]  We have a whole board full of callers.
[53:35.640 --> 53:39.640]  Can you want to leave?
[53:39.640 --> 53:41.640]  I may come back in a little while.
[53:41.640 --> 53:43.640]  I have some things I need to take care of.
[53:43.640 --> 53:45.640]  Okay.
[53:45.640 --> 53:48.640]  Okay, we're going to go to Scott.
[53:48.640 --> 53:49.640]  Okay, you are welcome.
[53:49.640 --> 53:51.640]  Thank you for joining us.
[53:51.640 --> 53:57.640]  Now we're going to Scott in Texas if I can get my annoying mouse to work.
[53:57.640 --> 54:00.640]  Okay.
[54:00.640 --> 54:03.640]  It's not selecting you, Scott.
[54:03.640 --> 54:06.640]  It doesn't like you for some reason.
[54:06.640 --> 54:07.640]  There we go.
[54:07.640 --> 54:10.640]  Okay, you're up, Scott.
[54:10.640 --> 54:12.640]  Howdy, howdy.
[54:12.640 --> 54:13.640]  Howdy, howdy.
[54:13.640 --> 54:17.640]  I understand you have, you got a ticket.
[54:17.640 --> 54:23.640]  Yes, I did yesterday, I was about 730 in the morning.
[54:23.640 --> 54:29.640]  I went down to the end of my street and every once in a while they're kind of working on it.
[54:29.640 --> 54:36.640]  And so they'll shut it down and turn it into a little one way intersection right there.
[54:36.640 --> 54:40.640]  They set up little barricades and say, oh, you got to go left now.
[54:40.640 --> 54:48.640]  And all I had to do was just take a right and an immediate left jog and I went down and measured it, stepped it off.
[54:48.640 --> 54:50.640]  It's exactly 100 feet.
[54:50.640 --> 54:55.640]  So I was down there and I was like, well, there's no cars coming.
[54:55.640 --> 55:02.640]  And instead of going like three miles around, all I had to do is go 100 feet and I could keep right on going where it was.
[55:02.640 --> 55:13.640]  So I did, I went around and took the left and I saw a cop down at the bottom around the corner a little bit on a motorcycle riding a ticket to somebody.
[55:13.640 --> 55:16.640]  Well, there was a street that was a right right there.
[55:16.640 --> 55:19.640]  So I was like, I don't want to visit with him right now.
[55:19.640 --> 55:20.640]  I don't want to pass him.
[55:20.640 --> 55:21.640]  So I took a right.
[55:21.640 --> 55:26.640]  Well, that sucker jumped on his motorcycle and he chased me down.
[55:26.640 --> 55:33.640]  And I asked him, I said, so would you pull me over for you? Oh, you disregarded that barricade.
[55:33.640 --> 55:35.640]  And I said, OK.
[55:35.640 --> 55:47.640]  And so he wrote me a ticket for that and my tags were out and failed to display driver's license because I had left my wallet at home.
[55:47.640 --> 55:50.640]  Actually, I just got back from the gym.
[55:50.640 --> 55:59.640]  So anyhow, he went ahead and wrote me up his ticket and that was at seven thirty by eleven o'clock that morning.
[55:59.640 --> 56:06.640]  I've already wrote up a T closed complaint with a patch with a criminal complaint and eleven o'clock.
[56:06.640 --> 56:14.640]  They had that stuff in their mailbox at the Garland Police Department in the drop box and went ahead and mailed mine on off to Austin.
[56:14.640 --> 56:23.640]  And then today I went ahead and made me another complaint up against that same officer.
[56:23.640 --> 56:33.640]  I forgot Madison or Maderman or whatever Garland Police Department and also against the chief of police.
[56:33.640 --> 56:37.640]  And so this morning I was going down.
[56:37.640 --> 56:42.640]  I went to the police station to go drop another love letter off in their drop box.
[56:42.640 --> 56:44.640]  This is about eight o'clock in the morning.
[56:44.640 --> 56:53.640]  Well, I leave out of the parking lot there and I shoot across the street and I'm going up to the next lot so I can make a left.
[56:53.640 --> 56:58.640]  And directly across the street was, guess who? That same cop on the motorcycle.
[56:58.640 --> 57:00.640]  And he stared at me.
[57:00.640 --> 57:02.640]  I'm kind of looking at him.
[57:02.640 --> 57:06.640]  I'm thinking, I wonder if he really is going to see about pulling me over again.
[57:06.640 --> 57:12.640]  Well, the light turned green and he went straight to the police station just wickedly split.
[57:12.640 --> 57:18.640]  He didn't want nothing to do with that because they already read that one key close complaint from yesterday.
[57:18.640 --> 57:22.640]  That had to be the world's fastest complaint I have ever filed.
[57:22.640 --> 57:31.640]  And now they're sitting on another one and the chief police is going, gosh, dog, this guy again because I already key closed him on one of his cops before.
[57:31.640 --> 57:33.640]  A couple of times.
[57:33.640 --> 57:38.640]  So it kind of is going to have, they'll have a nice weekend on that.
[57:38.640 --> 57:46.640]  So you may, you may single-handedly raise their bond rating.
[57:46.640 --> 57:55.640]  Oh, yeah. And I forgot to mention, well, no, I told you about it, but on the back of the ticket, which is this is, this is new.
[57:55.640 --> 57:59.640]  Oh, that's the music coming up.
[57:59.640 --> 58:03.640]  Oh, okay. This is going to the top of the hour break. This is Randy Kelton.
[58:03.640 --> 58:08.640]  We have our radio. I called it number 512-646-1984.
[58:08.640 --> 58:15.640]  And I would mute Sam of Scott, but my mouse is dying.
[58:15.640 --> 58:23.640]  So anyway, if you have a question or comment, give us a call. 512-646-1984.
[58:23.640 --> 58:32.640]  We'll be right back.
[58:32.640 --> 58:35.640]  Come on.
[58:35.640 --> 58:53.640]  Would you like to make more definite progress in your walk with God?
[58:53.640 --> 59:00.640]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:00.640 --> 59:05.640]  The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:05.640 --> 59:12.640]  It's an accurate translation, and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:12.640 --> 59:17.640]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:17.640 --> 59:27.640]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ, and how to build up the church.
[59:27.640 --> 59:40.640]  To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll free at 888-551-0102.
[59:40.640 --> 59:44.640]  That's 888-551-0102.
[59:44.640 --> 59:59.640]  Or visit us online at bfa.org.
[59:59.640 --> 01:00:28.640]  The following news flash is brought to you by The Lone Star Lowdown.
[01:00:28.640 --> 01:00:39.640]  Today in History, the year 1943, the Monterey Institute of Technology, one of the largest and most influential private universities in Latin America, is founded in Monterey, Mexico.
[01:00:39.640 --> 01:00:44.640]  Today in History.
[01:00:44.640 --> 01:00:54.640]  In recent years, Iraqi authorities have opened criminal proceedings and set charges against a 16-year-old German schoolgirl Linda Winsall, who initially ran away from her family in Germany in order to join ISIS.
[01:00:54.640 --> 01:00:59.640]  She was captured by Iraqi authorities in the ISIS-controlled territory of Mosul back in July.
[01:00:59.640 --> 01:01:07.640]  And as recent as last month, she made headlines again when an officer of Iraqi's elite counterterrorism unit told the Telegraph that she was a sniper for ISIS.
[01:01:07.640 --> 01:01:16.640]  It was last year when Linda fled Turkey, then in Syria, and eventually was smuggled into Iraq, all the way from her hometown in Pulsnitz, to marry her Chechian ISIS fighter.
[01:01:16.640 --> 01:01:27.640]  Iraqi security sources previously said that she worked with the ISIS moral police, which is responsible for conforming women to strict dress codes with anyone who did not obey facing a whipping or even wars.
[01:01:27.640 --> 01:01:34.640]  Yet it is still unclear if Linda was involved in the actual act of punishing or if she just reported on the women who had failed to comply.
[01:01:34.640 --> 01:01:43.640]  Speaking anonymously, an Iraqi soldier told reporters that they found her with a gun in her hand next to her Chechian husband, who was then killed by Iraqi forces in a firefight.
[01:01:43.640 --> 01:01:46.640]  They said that she had killed a number of our men in battle.
[01:01:46.640 --> 01:01:54.640]  Iraqi MP Vian Dakhil continued to back up the claims that she was found with explosives and was ready to attack the advancing troops.
[01:01:54.640 --> 01:01:59.640]  Technically, Iraqi authorities could sentence her to death for fighting for the theocratic militant group.
[01:01:59.640 --> 01:02:12.640]  Although unlikely since, believe it or not, German authorities are engaging in high-level talks with Baghdad to see if she can be brought home and be reunited with her family.
[01:02:12.640 --> 01:02:21.640]  The police at Henry County Police Department and Atlanta Suburb are trying to find the owner of a tiger who was shot dead by police after it wandered into a neighborhood and attacked a dog.
[01:02:21.640 --> 01:02:27.640]  Spotted around 6 a.m. Saturday morning on a highway, then running to a nearby community, eventually attacking a neighborhood dog.
[01:02:27.640 --> 01:02:36.640]  The PD stated that, quote, with the tiger in close proximity to a school bus route, an intensely populated area, officers made the decision to put the animal down with gunfire,
[01:02:36.640 --> 01:02:43.640]  hearing that occupants of the home could be in danger, as well as others in the area.
[01:02:43.640 --> 01:02:52.640]  If you launched our lowdowns looking for advertisers, you still have a project or a service you'd like to advertise with us, feel free to give me a call at 210-363-2257.
[01:02:52.640 --> 01:03:00.640]  This was Rick Brody with your lowdown for September 6, 2017.
[01:03:00.640 --> 01:03:13.640]  It's all according to the will of the Almighty.
[01:03:13.640 --> 01:03:17.640]  OK, we are back. Randy Kelton with LaRio.
[01:03:17.640 --> 01:03:23.640]  And I was having a little mouse trouble that last segment, and I'm still having mouse trouble.
[01:03:23.640 --> 01:03:33.640]  Robert, can you bring Unmute, Scott? That's it, Robert's my producer.
[01:03:33.640 --> 01:03:38.640]  Maybe he's not there. Let me try this thing.
[01:03:38.640 --> 01:03:48.640]  I've got the biggest, fastest computer I could buy, and it's still locking up on me.
[01:03:48.640 --> 01:03:55.640]  Well, Scott, I guess you're out of luck. I think this mouse doesn't like you.
[01:03:55.640 --> 01:03:58.640]  OK, there we go.
[01:03:58.640 --> 01:04:01.640]  Talk to me, Scott.
[01:04:01.640 --> 01:04:02.640]  Can you hear me?
[01:04:02.640 --> 01:04:04.640]  I can hear you now.
[01:04:04.640 --> 01:04:16.640]  OK, well, going back to what you just said about raising their bond price or their bond cost, whatever,
[01:04:16.640 --> 01:04:24.640]  on the back of the ticket, I haven't seen this before, they put like a sticky note on there that said
[01:04:24.640 --> 01:04:30.640]  compliments or complaints against any officer can be directed to the Garland Police Department
[01:04:30.640 --> 01:04:34.640]  and or you can mail it to internal affairs directly.
[01:04:34.640 --> 01:04:41.640]  Now, I filed a complaint against the Garland cop with internal affairs that went absolutely nowhere.
[01:04:41.640 --> 01:04:49.640]  So what that tells me is they don't want anybody to file a T-close complaint on them to raise their bond rating.
[01:04:49.640 --> 01:04:56.640]  So you give it straight to, hey, so they can personally want it up, throw it in the trash for you.
[01:04:56.640 --> 01:04:59.640]  Well, how big of them?
[01:04:59.640 --> 01:05:08.640]  So that also tells us that these T-close complaints really are having an effect.
[01:05:08.640 --> 01:05:17.640]  Yeah, because both I did it on a couple of other cops and those cops quit working at the police department there at
[01:05:17.640 --> 01:05:24.640]  and one of them went to go work for the DPS and another one quit for the east to walk in the police department
[01:05:24.640 --> 01:05:27.640]  to go work for the Raines County Sheriff's Department.
[01:05:27.640 --> 01:05:35.640]  So it shakes them up and the departments probably got rid of them.
[01:05:35.640 --> 01:05:43.640]  You know, this is just speculation on my part, but obviously filing these things on them really has an effect
[01:05:43.640 --> 01:05:51.640]  because I did have a cop call me an assistant to the sheriff for Kaufman County call me up one day
[01:05:51.640 --> 01:05:58.640]  asking about me filing a T-close on one of their officers, that one that quit and went to go work for the DPS.
[01:05:58.640 --> 01:06:13.640]  And he was really confused and it was kind of funny to listen to the way he was speaking because he was super careful about what he was saying.
[01:06:13.640 --> 01:06:27.640]  And so I knew he was treading on water or walking on eggshells and it was just kind of interesting to hear how they were acting about it.
[01:06:27.640 --> 01:06:41.640]  Anyway, so now I've filed quite a few lawsuits on some cops and judges and I got a letter back today which I sent you a copy of it.
[01:06:41.640 --> 01:06:55.640]  And my first judge, I have a court date set up for June of 2018 on a judge and I'm waiting to get another court date on another municipal judge
[01:06:55.640 --> 01:07:00.640]  and I'm going for abuse of process on these guys.
[01:07:00.640 --> 01:07:16.640]  And I also got a letter back from the Court of Appeals today that my case on Officer Marzak of the Mesquite Police Department has been accepted and ready to file brief on.
[01:07:16.640 --> 01:07:18.640]  So I thought that was good news.
[01:07:18.640 --> 01:07:26.640]  And that is good news because you don't have a right to file an appeal.
[01:07:26.640 --> 01:07:33.640]  An appeal is accepted by the Court of Appeals on their discretion.
[01:07:33.640 --> 01:07:45.640]  So they must have looked at your complaint and looked at your issues and found it compelling enough to accept the complaint.
[01:07:45.640 --> 01:07:51.640]  Yeah, I'll have to, I'll scan that in and I'll send you a copy of that too.
[01:07:51.640 --> 01:07:56.640]  What about mediation?
[01:07:56.640 --> 01:08:05.640]  For that judge, that's a state case on the judge, on Judge Crane out of Mesquite.
[01:08:05.640 --> 01:08:20.640]  And it was the one that was talking about mediation and I'm a little unclear about it. We could talk about that out there sometime to determine what they're actually wanting to do because it's kind of funny the way it's working.
[01:08:20.640 --> 01:08:23.640]  It's clear what they want you to do.
[01:08:23.640 --> 01:08:32.640]  They want the parties to meet and come to some kind of resolution without having to use the courts.
[01:08:32.640 --> 01:08:37.640]  The courts are trying to clear their document. That's why they're requiring mediation.
[01:08:37.640 --> 01:08:49.640]  But for us, mediation is wonderful because now you get to sit down with them and they have to look you in the eye and they have to speak to you as an equal.
[01:08:49.640 --> 01:08:59.640]  Address issues, address your concerns and they're required to try to resolve this.
[01:08:59.640 --> 01:09:10.640]  They can't just blow you off because if they do, then you get to go to the court and ask for sanctions for failing to mediate in good faith.
[01:09:10.640 --> 01:09:16.640]  And you've got a judge here who would rather be out playing golf than sitting in this case.
[01:09:16.640 --> 01:09:30.640]  Here's your real good opportunity to sit down in front of them and I would think it would be very interesting to see what they bring to the table.
[01:09:30.640 --> 01:09:32.640]  Oh, I agree.
[01:09:32.640 --> 01:09:35.640]  They might bring you a deal you can't pass up.
[01:09:35.640 --> 01:09:51.640]  Well, yeah, considering that he still, he was the one that put a warrant out for my arrest and I went to go before him and they put me on a payment plan and all this other stuff.
[01:09:51.640 --> 01:09:53.640]  And I'm like, man, I'm not paying that.
[01:09:53.640 --> 01:09:56.640]  I don't even believe I'm guilty of that stuff.
[01:09:56.640 --> 01:10:06.640]  So that's going to be interesting because I'm not going to pay it and then I want to see if he issues another warrant again while he has a case on him.
[01:10:06.640 --> 01:10:13.640]  He should definitely recuse himself at the very least.
[01:10:13.640 --> 01:10:25.640]  It'll be interesting to see what he does because I know what they're going to do, even if they do, even if he was to issue another warrant, all they're going to do is drag you in there.
[01:10:25.640 --> 01:10:36.640]  And I'm going to tell them I'm poor and they're going to say, oh, well, you're going to have to do community service now because you had an opportunity on a payment plan and you failed to do that.
[01:10:36.640 --> 01:10:40.640]  And so your only last resort is community service.
[01:10:40.640 --> 01:10:44.640]  And then if you fail to do community service, then they want to put you in jail and make you set it out.
[01:10:44.640 --> 01:10:47.640]  But, you know, I don't want to go to jail or anything.
[01:10:47.640 --> 01:11:07.640]  But I'm just kind of testing the waters to see once you do get a lawsuit on them and accept it and now they know that they have to go to court, are they really willing to issue another warrant on something that they're facing?
[01:11:07.640 --> 01:11:17.640]  I mean, what I'm going after him for is $50,000, so that's way more than $700.
[01:11:17.640 --> 01:11:20.640]  It'd be interesting to see what he wants to do on it.
[01:11:20.640 --> 01:11:23.640]  That's why I say this should be really interesting.
[01:11:23.640 --> 01:11:31.640]  It will give you a good feel of how a lawsuit affects them.
[01:11:31.640 --> 01:11:34.640]  Exactly.
[01:11:34.640 --> 01:11:40.640]  And that's going to be real tough because this is going to help everybody else down the road.
[01:11:40.640 --> 01:11:53.640]  Because once we can kind of get this paperwork perfected, we'll put it up on the website and everybody else go there, pay their $50 and they can get one and take it to them just like this because you already know what the outcomes are.
[01:11:53.640 --> 01:12:05.640]  You know what to expect and that's for people kind of like me that we're working their way into it and we're basically hitting the bobwire on this.
[01:12:05.640 --> 01:12:18.640]  And we're testing the grounds that nobody has really tested to get a real certain understanding about what they're going to do and how they're going to do it.
[01:12:18.640 --> 01:12:29.640]  Because once you know what to expect and it's not so spooky, it's not so scary for everybody, it's like, oh, well, I know they're going to do this, so this is what's going to happen next, okay?
[01:12:29.640 --> 01:12:36.640]  Now I go to plan B and I'm already set up for that and it just kind of carries on.
[01:12:36.640 --> 01:12:48.640]  So these are things that we're testing the waters here and hitting the bobwire so once we get that hole opened up, more people can rush in behind us.
[01:12:48.640 --> 01:13:06.640]  And then I got another thing that was really interesting that I was talking to this lady and everybody can, I posted, I made a video blog, a podcast today on my YouTube channel, Snathoo Radio on YouTube.
[01:13:06.640 --> 01:13:20.640]  But yesterday I was listening to Alex Jones, who I like, and he had this attorney on named Joni Turner. It's J-O-N-I-T-U-R-N-E-R.
[01:13:20.640 --> 01:13:42.640]  And she has a website, JoniTurner.com, and she is going to file, she's wanting to file a class action lawsuit on CNN for slandering all the people that say that anybody that supports Trump is a racist, homophobe, Nazi, whatever, blah, blah, blah, blah, blah.
[01:13:42.640 --> 01:13:52.640]  Well, I chased her down on the internet and sent her some messages yesterday and she called me today. And we had a nice little conversation for about 10 or 15 minutes.
[01:13:52.640 --> 01:14:05.640]  She's up in Ohio and she was just fixing to leave to go do an hour-long interview with RT, Russia, today. And she wanted to kind of get my opinion about them.
[01:14:05.640 --> 01:14:21.640]  I said, well, they're kind of neutral. I said, but the main thing is when you go there, be sure to take somebody with you and they record everything on, you know, a phone or whatever recording device you have, but record the whole interview.
[01:14:21.640 --> 01:14:39.640]  So in case they take that interview and edit it up to try to make you look like a retard, that you have the whole interview and you can post it up on your social media site and that way you can debunk whatever they say.
[01:14:39.640 --> 01:15:00.640]  And she was super thankful for that. I was hoping that she would call me back today because I was wanting to get her on your show tonight because she is a real dynamic lady. She is an attorney that she travels around to a lot of states and works out of federal court cases in many states.
[01:15:00.640 --> 01:15:15.640]  So I'm wanting to also to talk to her. Maybe if I could see if I could get her to want to work on me or work with me on some of my federal cases that I've got going because, you know, I've got three of them right now and I still got more to file.
[01:15:15.640 --> 01:15:33.640]  And if she calls me tomorrow, then I'm going to get with you and then we're going to have a three-way. I want to do a podcast with her and all this other stuff, but this is going to, oh, the website y'all can go to to sign up for the class action lawsuit.
[01:15:33.640 --> 01:15:48.640]  Since she went on Alex Jones yesterday, she had 50,000 additional people sign up on the website to join the class action lawsuit. Anybody that's listening to this station right now, you go to...
[01:15:48.640 --> 01:16:11.640]  Let's see, what was the name of that knock-on thing? Hang on. It was... Oh, ourtakedown.com. So it's O-U-R-T-A-K-E-D-O-W-N dot com. Go there, put in your information, and you can jump in on a class action lawsuit to go against CNN.
[01:16:11.640 --> 01:16:22.640]  So these are just some of the things that I've been kind of working on for this week, and that's enough.
[01:16:22.640 --> 01:16:34.640]  That's enough. Okay. And we're about to go to break. Thank you, Scott, and keep us posted on this attorney. I'm real interested in talking to her and getting her on the show.
[01:16:34.640 --> 01:16:36.640]  Okay.
[01:16:36.640 --> 01:16:59.640]  Okay. Thank you, Scott. This is Randy Kelton, the rule of law radio. I call in number 512-646-1984. Manuel, California, Jeff, Mississippi. I see you there. We'll pick you up on the other side. We'll be right back.
[01:16:59.640 --> 01:17:09.640]  I love logos. Without the shows on this network, I'd be almost as ignorant as my friends. I'm so addicted to the truth now that there's no going back. I need my truth fix. I'd be lost without logos.
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[01:19:10.640 --> 01:19:33.640]  Okay, we are back. Randy Kelton, rule of law radio, and we're going to Manuel in California. Hello, Manuel. What do you have for us today?
[01:19:33.640 --> 01:19:51.640]  Hey, Randy, I just have a question of going through some legal problems. I was charged with driving without a license and I went ahead and filed a subject matter jurisdiction challenging it, the one you sent me.
[01:19:51.640 --> 01:19:52.640]  Can you hear me?
[01:19:52.640 --> 01:19:58.640]  Okay, yeah, that one was written for Texas, but what happened?
[01:19:58.640 --> 01:20:11.640]  I changed it over to California and basically the judges kept refusing to hear it or give me an answer, so I just kept disqualifying most of the judges.
[01:20:11.640 --> 01:20:19.640]  But then the final judge I had, I guess she was very pissed off and she sent me to jail for 30 days.
[01:20:19.640 --> 01:20:30.640]  They were not having a license, so now I'm finding out I'm pursuing her, so my question is, should I just pursue her personally or should I come after the county too?
[01:20:30.640 --> 01:20:44.640]  Well, if they never proved up jurisdiction, the way I read the code doesn't matter if she had jurisdiction or not, they had to prove it.
[01:20:44.640 --> 01:20:52.640]  If this blew off your challenge to subject matter jurisdiction, then they're acting personally, you should sue them personally.
[01:20:52.640 --> 01:21:04.640]  Oh, okay, because I also at the same time that was going on, I filed for a writ of mandamus with the higher court, the appellate court, and they pretty much just denied it.
[01:21:04.640 --> 01:21:16.640]  They didn't. I was telling them that the court was proceeding without jurisdiction that I had filed for subject matter, challenging subject matter jurisdiction, and they basically denied my writ for mandamus.
[01:21:16.640 --> 01:21:25.640]  Well, that's to be expected. What were you asking for in the mandamus?
[01:21:25.640 --> 01:21:34.640]  For them to tell the lower court that they couldn't proceed without proving subject matter jurisdiction.
[01:21:34.640 --> 01:21:42.640]  That should appeal to the Supreme. Did you write a brief for them?
[01:21:42.640 --> 01:21:44.640]  I don't believe so.
[01:21:44.640 --> 01:21:54.640]  Okay, that's probably why they denied it, or I mean, they didn't deny it anyway, but you need to write a legal brief.
[01:21:54.640 --> 01:21:57.640]  And writing a brief is not as hard as it sounds.
[01:21:57.640 --> 01:22:05.640]  If you, you know, I quit using Lexis and Westlaw because they were too restricted.
[01:22:05.640 --> 01:22:23.640]  I find just the Internet much more effective when I'm doing legal research because what you have to pay a whole lot of money for on Lexis or Westlaw, you can get out on the Internet for free, and that's briefs and pleadings.
[01:22:23.640 --> 01:22:38.640]  And treatises. You need to do a search for California subject matter jurisdiction and then start looking at the sites you hit.
[01:22:38.640 --> 01:22:47.640]  Most of the sites you get hits on will be lawyers, and you have a lawyer here who specializes in a certain area.
[01:22:47.640 --> 01:23:00.640]  You need to put up his briefs and treatises for other lawyers to see so that when they need a specialist in this area, they'll contract with him.
[01:23:00.640 --> 01:23:04.640]  But in the process, you get his legal pleadings.
[01:23:04.640 --> 01:23:12.640]  So you need to find some pleadings that have been put out there on your topic.
[01:23:12.640 --> 01:23:22.640]  The question becomes, what is the specific topic you need to address?
[01:23:22.640 --> 01:23:26.640]  Okay, that's why I asked this question.
[01:23:26.640 --> 01:23:34.640]  The issue is not whether or not the court had jurisdiction.
[01:23:34.640 --> 01:23:48.640]  What the case law says is when an action is initiated, jurisdiction is presumed unless challenged.
[01:23:48.640 --> 01:23:55.640]  Once you challenge jurisdiction, it's not the plaintiff or the opposing party that must prove jurisdiction.
[01:23:55.640 --> 01:23:58.640]  It's the court that must prove jurisdiction.
[01:23:58.640 --> 01:24:03.640]  Once it's challenged, the presumption is lost, the presumption of jurisdiction.
[01:24:03.640 --> 01:24:05.640]  Now it must be proven.
[01:24:05.640 --> 01:24:11.640]  So you go in and file a challenge subject matter jurisdiction, and the judge just ignores it.
[01:24:11.640 --> 01:24:14.640]  Well, he ignores it without jurisdiction.
[01:24:14.640 --> 01:24:19.640]  So the judge personally.
[01:24:19.640 --> 01:24:31.640]  Find treatises and case law on that issue where a judge acts without proving up subject matter jurisdiction.
[01:24:31.640 --> 01:24:33.640]  Does that make sense?
[01:24:33.640 --> 01:24:34.640]  Yes, it does.
[01:24:34.640 --> 01:24:37.640]  I just have to do the research.
[01:24:37.640 --> 01:24:39.640]  You'll find it's easier than you think.
[01:24:39.640 --> 01:24:47.640]  It's not that complex, especially when you do it on the Internet, because you get a guy who does a whole treatment of the subject.
[01:24:47.640 --> 01:25:01.640]  And you'll find big treatises where colleges have their school projects, they'll have some of their law students do a treatment on a specific issue.
[01:25:01.640 --> 01:25:09.640]  And they give you all the case law and all the different arguments back and forth, and you'll have something good to throw at them.
[01:25:09.640 --> 01:25:20.640]  You just want a suit that gets past the initial phase.
[01:25:20.640 --> 01:25:23.640]  They want to throw them out in the beginning.
[01:25:23.640 --> 01:25:34.640]  So you need your suit to be well structured enough so that it gets past the motion to dismiss or the demurrer.
[01:25:34.640 --> 01:25:37.640]  In California, it'd be a demurrer.
[01:25:37.640 --> 01:25:40.640]  You get past that, you get into discovery, and then it gets interesting.
[01:25:40.640 --> 01:25:45.640]  And then you've got the suit tied to the judge like a tin can.
[01:25:45.640 --> 01:25:50.640]  When losers draw, the judge loses.
[01:25:50.640 --> 01:25:52.640]  Oh, okay.
[01:25:52.640 --> 01:25:59.640]  So also, if I'm doing it personally, can I ask for damages under President versus City of Tampa?
[01:25:59.640 --> 01:26:01.640]  Oh, absolutely.
[01:26:01.640 --> 01:26:04.640]  And Travis answers the right one to do that with.
[01:26:04.640 --> 01:26:09.640]  30 days is going to get pretty different, pretty stiff in 30 days.
[01:26:09.640 --> 01:26:11.640]  Yeah, I did the math.
[01:26:11.640 --> 01:26:13.640]  It comes out to like 18 million.
[01:26:13.640 --> 01:26:15.640]  That's almost that way.
[01:26:15.640 --> 01:26:19.640]  Yeah, it doesn't matter what number you have.
[01:26:19.640 --> 01:26:25.640]  As long as you can say, I didn't just pull that number out of the thin air.
[01:26:25.640 --> 01:26:31.640]  This is the calculation that I used, and this is the case I based the calculation on.
[01:26:31.640 --> 01:26:39.640]  Now it throws the ball in their court to show that your amount you're asking for is unreasonable.
[01:26:39.640 --> 01:26:43.640]  And primarily, you get the judges in the court.
[01:26:43.640 --> 01:26:57.640]  If you get this done, I would very much like to go over your work with my plagiarism sense tingling.
[01:26:57.640 --> 01:27:01.640]  If we get a good one put together, we make it available to everybody.
[01:27:01.640 --> 01:27:04.640]  Yes, that's the goal.
[01:27:04.640 --> 01:27:07.640]  That's the whole idea of what we're doing here.
[01:27:07.640 --> 01:27:22.640]  And when these judges start getting sued left and right, when losers draw, they've got an insurance adjuster back there in the background just to jumping up and down, clapping his hands because he gets to raise their bond rating.
[01:27:22.640 --> 01:27:26.640]  Yeah, that's true.
[01:27:26.640 --> 01:27:29.640]  Okay, do you have anything else for us, Manuel?
[01:27:29.640 --> 01:27:31.640]  Well, we have another question.
[01:27:31.640 --> 01:27:35.640]  Well, should I go after all the judges involved in district attorneys or just the judges?
[01:27:35.640 --> 01:27:42.640]  Every single person involved is acting outside scope.
[01:27:42.640 --> 01:27:49.640]  The prosecuting attorney had a duty to give notice to the judge when the judge is acting outside law.
[01:27:49.640 --> 01:27:55.640]  That's in the American Bar Association standards for the prosecutorial function.
[01:27:55.640 --> 01:28:00.640]  I bet 90% of them has never read it.
[01:28:00.640 --> 01:28:01.640]  Yes.
[01:28:01.640 --> 01:28:06.640]  But that gives you a whole bunch of stuff you can beam up with.
[01:28:06.640 --> 01:28:09.640]  Oh yeah, looking forward to it.
[01:28:09.640 --> 01:28:14.640]  So if one doesn't have jurisdiction, none have jurisdiction.
[01:28:14.640 --> 01:28:16.640]  Yeah, that's true.
[01:28:16.640 --> 01:28:20.640]  Okay, it sounds like you've got your killer attack dog loose back there.
[01:28:20.640 --> 01:28:23.640]  Yeah, I know.
[01:28:23.640 --> 01:28:27.640]  Okay, thanks and keep us up to date on what's going on.
[01:28:27.640 --> 01:28:29.640]  All right, thank you, God bless.
[01:28:29.640 --> 01:28:31.640]  Okay, thank you.
[01:28:31.640 --> 01:28:35.640]  Okay, still having some mousy issues.
[01:28:35.640 --> 01:28:40.640]  My mouse is hanging and then when it moves, it jumps completely across the page.
[01:28:40.640 --> 01:28:50.640]  Robert, if you're listening, can you mute Jeff and unmute Charles for me?
[01:28:50.640 --> 01:28:52.640]  There we go.
[01:28:52.640 --> 01:28:54.640]  Okay.
[01:28:54.640 --> 01:28:57.640]  Okay, Charles from Texas.
[01:28:57.640 --> 01:29:00.640]  What do you have for us today?
[01:29:00.640 --> 01:29:09.640]  Well, come Monday, I'll be going to jury trial for the law law season valid.
[01:29:09.640 --> 01:29:16.640]  Now, of course, I have not put in, I have not really entered a plea yet and I've done, I've gone in by special parents.
[01:29:16.640 --> 01:29:22.640]  Charles, jurisdiction of the subject matter court, subject matter.
[01:29:22.640 --> 01:29:28.640]  Okay, hold on Charles, you kind of started in the middle of something there.
[01:29:28.640 --> 01:29:30.640]  Hang on, we're about to go to break.
[01:29:30.640 --> 01:29:32.640]  We'll pick this up on the other side.
[01:29:32.640 --> 01:29:40.640]  But when we come back, kind of bring us up to speed on what the case is and how you got to this point of going to a jury trial.
[01:29:40.640 --> 01:29:46.640]  This is Randy Kelton with La Radio, our call in number 512-646-1984.
[01:29:46.640 --> 01:29:50.640]  Jeff, somehow I missed you and jumped over you.
[01:29:50.640 --> 01:29:53.640]  So I will get you next.
[01:29:53.640 --> 01:29:55.640]  Hang on, we'll be right back.
[01:30:01.640 --> 01:30:03.640]  Take a whiff of that.
[01:30:03.640 --> 01:30:07.640]  Onions may have a scrambling for breath mints, but they might also save our lives.
[01:30:07.640 --> 01:30:14.640]  I'm Dr. Catherine Albrecht and I'll be back in just a moment with some reasons to spice up your food with the power of onions.
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[01:30:43.640 --> 01:30:46.640]  An onion a day could keep the doctor away.
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[01:31:01.640 --> 01:31:08.640]  Cornell University researchers say strong flavored varieties have the highest antioxidant and cancer protected properties.
[01:31:08.640 --> 01:31:12.640]  Those include the western yellow, the New York bold and northern red varieties.
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[01:31:21.640 --> 01:31:26.640]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31:26.640 --> 01:31:35.640]  This is Building 7, a 47 story skyscraper that fell on the afternoon of September 11.
[01:31:35.640 --> 01:31:37.640]  The government says that fire brought it down.
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[01:33:07.640 --> 01:33:23.640]  Okay, we are back. Randy Kelton moved our radio and we're talking to Charles in Texas.
[01:33:23.640 --> 01:33:31.640]  Okay, Charles, start at the beginning. Tell us what the case is about and bring us up to speed.
[01:33:31.640 --> 01:33:37.640]  Okay, I got stopped last Easter Sunday.
[01:33:37.640 --> 01:33:40.640]  The driving was up like in the valley.
[01:33:40.640 --> 01:33:43.640]  No registration.
[01:33:43.640 --> 01:33:45.640]  And I was taken to jail.
[01:33:45.640 --> 01:33:49.640]  Okay, I didn't hear anything back from that charge.
[01:33:49.640 --> 01:33:54.640]  August 3rd, same police officer pulled me over again.
[01:33:54.640 --> 01:33:55.640]  Same charge.
[01:33:55.640 --> 01:34:03.640]  They put him inside and took me to jail even though there was nothing going on.
[01:34:03.640 --> 01:34:15.640]  He just, he went around in front of a truck at an intersection and made a turnaround just to come get me.
[01:34:15.640 --> 01:34:21.640]  Okay, now I faced the first charge in the municipal court.
[01:34:21.640 --> 01:34:28.640]  I had to recuse that judge because she would not allow me to do a challenge of jurisdiction.
[01:34:28.640 --> 01:34:35.640]  I had to have her and three other judges recuse for the same thing.
[01:34:35.640 --> 01:34:52.640]  Well, I had a hearing with a specialty point of judge back in April for those charges and all those tickets to be honest with you and I had not heard from him since we had our hearing.
[01:34:52.640 --> 01:35:05.640]  Okay, now I'm facing, right now I'm facing a class D misdemeanor in county court for the DWLI on August 3rd.
[01:35:05.640 --> 01:35:20.640]  I've always filed motions for challenging the jurisdiction court in subject matter and in personum, which I don't think in personum you don't actually do anything, but it couldn't hurt.
[01:35:20.640 --> 01:35:26.640]  I also filed motions for discovery, which have yet to be answered.
[01:35:26.640 --> 01:35:28.640]  It's been almost a year now.
[01:35:28.640 --> 01:35:31.640]  Actually, yeah, over a year now.
[01:35:31.640 --> 01:35:40.640]  I just got the complaint and the information just a couple of weeks ago for this charge.
[01:35:40.640 --> 01:35:42.640]  I got a couple of questions.
[01:35:42.640 --> 01:35:48.640]  Have you filed any complaints against the officer?
[01:35:48.640 --> 01:35:51.640]  Not yet. Not yet, I have not.
[01:35:51.640 --> 01:35:57.640]  Okay, you might want to look at a couple of T-Costs complaints against and one for each arrest.
[01:35:57.640 --> 01:36:04.640]  Have you filed any judicial conduct complaints against the judges?
[01:36:04.640 --> 01:36:18.640]  Yes, actually they were always filed for me because when I first recused the judges, they had not reported to the district judge in Dallas that they had been recused.
[01:36:18.640 --> 01:36:27.640]  I had to call Dallas personally and talk to that judge to handle that situation and she was not very happy.
[01:36:27.640 --> 01:36:32.640]  Okay, that's not a judicial conduct complaint, but that's good.
[01:36:32.640 --> 01:36:42.640]  Now filed a judicial conduct complaint against them for acting in violation of law with the state commission on judicial conduct.
[01:36:42.640 --> 01:36:46.640]  It's all about the politics.
[01:36:46.640 --> 01:36:54.640]  You can't get to them with the law and the code and fighting them in the court.
[01:36:54.640 --> 01:37:04.640]  Or you can get to them is a civil lawsuit against them for no subject matter jurisdiction and the complaint against their license.
[01:37:04.640 --> 01:37:10.640]  That hurts some big time and there's nothing they can do about it.
[01:37:10.640 --> 01:37:17.640]  That makes you dangerous.
[01:37:17.640 --> 01:37:24.640]  For them professionally because you damage their professional careers.
[01:37:24.640 --> 01:37:33.640]  So you might consider bar grievances, judicial conduct complaints, T-Costs complaints against the officer.
[01:37:33.640 --> 01:37:36.640]  They want to fight, give them one.
[01:37:36.640 --> 01:37:45.640]  I'd love to see them do it because when we go in, my plan is to attack is to get rid of the idiots that they applied to me.
[01:37:45.640 --> 01:37:49.640]  Okay, hold on. Are you going into trial?
[01:37:49.640 --> 01:37:55.640]  First is jury selection and then let's go to jury trial.
[01:37:55.640 --> 01:38:05.640]  Okay, let me go back and read 39.14, Texas Code of Criminal Procedure.
[01:38:05.640 --> 01:38:07.640]  Michael Morton Act.
[01:38:07.640 --> 01:38:17.640]  The act that requires discovery in a criminal case.
[01:38:17.640 --> 01:38:21.640]  If you have asked for discovery, you haven't received it.
[01:38:21.640 --> 01:38:31.640]  What 39.14 says is that the prosecuting attorney must provide all discovery at least 30 days before trial.
[01:38:31.640 --> 01:38:38.640]  If you're past the 30 day limit, you need to file criminal charges against the prosecutor.
[01:38:38.640 --> 01:38:44.640]  Well, they gave the information to the first time they appointed somebody to me.
[01:38:44.640 --> 01:38:47.640]  I had him fired because he called me the pook.
[01:38:47.640 --> 01:38:52.640]  But they gave him all the information even though he didn't even file it.
[01:38:52.640 --> 01:38:55.640]  I filed the motion per se.
[01:38:55.640 --> 01:39:02.640]  And I was told I was not allowed to have any of that information because it was against state law.
[01:39:02.640 --> 01:39:05.640]  Did you bar grieve that a lawyer?
[01:39:05.640 --> 01:39:07.640]  I sure did.
[01:39:07.640 --> 01:39:16.640]  I didn't get any of the information, but I did bar grieve him, but I still have not had the original motion answered for me.
[01:39:16.640 --> 01:39:24.640]  Okay, you need to get him a notice of tort and intent to sue for malpractice.
[01:39:24.640 --> 01:39:26.640]  You have a lawyer now.
[01:39:26.640 --> 01:39:29.640]  Was that court appointed counsel?
[01:39:29.640 --> 01:39:34.640]  Yes, and so was this guy, but he's a former city attorney.
[01:39:34.640 --> 01:39:37.640]  Okay.
[01:39:37.640 --> 01:39:42.640]  Does this guy, did he receive discovery?
[01:39:42.640 --> 01:39:47.640]  No, he only had the complaint and the information.
[01:39:47.640 --> 01:39:50.640]  He had nothing else.
[01:39:50.640 --> 01:39:54.640]  And I did ask him, you know, because I have proof.
[01:39:54.640 --> 01:40:05.640]  I did a records request for the city and the state about the training for these officers to enforce the traffic code.
[01:40:05.640 --> 01:40:09.640]  And of course, they don't have any of that.
[01:40:09.640 --> 01:40:15.640]  And he said, no, that's garbage.
[01:40:15.640 --> 01:40:21.640]  Okay, did you challenge the authority of the officer to enforce the traffic code?
[01:40:21.640 --> 01:40:23.640]  Is that correct?
[01:40:23.640 --> 01:40:24.640]  That is correct.
[01:40:24.640 --> 01:40:28.640]  It's in the jurisdictional challenge.
[01:40:28.640 --> 01:40:29.640]  Okay, good.
[01:40:29.640 --> 01:40:32.640]  You're in good shape.
[01:40:32.640 --> 01:40:42.640]  You might put together a lawsuit against all of them, especially the judges, because these are valid arguments.
[01:40:42.640 --> 01:40:45.640]  But they're in the code.
[01:40:45.640 --> 01:40:53.640]  The municipality has no authority to enforce.
[01:40:53.640 --> 01:40:55.640]  So you have to go through the process.
[01:40:55.640 --> 01:40:58.640]  They have to ignore them.
[01:40:58.640 --> 01:41:04.640]  And the worse they act, the better for you.
[01:41:04.640 --> 01:41:15.640]  You have to go through the court and almost certainly the court is going to restrict you from giving any information to the jury.
[01:41:15.640 --> 01:41:19.640]  Because your lawyer is going to throw you into the bus.
[01:41:19.640 --> 01:41:28.640]  And you might consider sending a tort letter to the previous counsel, notifying him of your intent to sue.
[01:41:28.640 --> 01:41:31.640]  Because that'll give back to current counsel.
[01:41:31.640 --> 01:41:37.640]  You want to give your current counsel plausible deniability.
[01:41:37.640 --> 01:41:41.640]  File a judicial conduct complaints against the judges.
[01:41:41.640 --> 01:41:45.640]  File bar grievances against the opposing counsel.
[01:41:45.640 --> 01:41:49.640]  And close complaints against the officers.
[01:41:49.640 --> 01:41:52.640]  This is all politics.
[01:41:52.640 --> 01:42:00.640]  If one of those lawyers says one word about your complaint, or if the judge says anything about the complaint,
[01:42:00.640 --> 01:42:06.640]  then you file obstruction and witness tampering against him.
[01:42:06.640 --> 01:42:13.640]  So just terminating, just firing my attorney since I walk in isn't going to be all that great for me.
[01:42:13.640 --> 01:42:24.640]  Well, you need to let your attorney know that you're suing prior counsel for incompetence.
[01:42:24.640 --> 01:42:26.640]  You want to join him.
[01:42:26.640 --> 01:42:35.640]  He's been a city attorney for 20 plus years.
[01:42:35.640 --> 01:42:39.640]  Okay, and he is not the sharpest knife in the drawer.
[01:42:39.640 --> 01:42:47.640]  So if he's looking at you bar grieving him a couple of times, you put him out of business.
[01:42:47.640 --> 01:42:51.640]  You got to understand bar grievance is a big deal.
[01:42:51.640 --> 01:42:55.640]  So they're going to throw you under the bus.
[01:42:55.640 --> 01:43:01.640]  You got to let your lawyer know that you're fixing to take this bus and run him over with it.
[01:43:01.640 --> 01:43:06.640]  Then he has plausible deniability to go to the judge and say you got to do something.
[01:43:06.640 --> 01:43:08.640]  This guy's going to cream me.
[01:43:08.640 --> 01:43:12.640]  You got to bail me out of this spot.
[01:43:12.640 --> 01:43:17.640]  And the only way you do that is you stop just being the victim.
[01:43:17.640 --> 01:43:21.640]  Stop being the defendant and go on the offensive.
[01:43:21.640 --> 01:43:24.640]  They want to violate law, take them to task for it.
[01:43:24.640 --> 01:43:27.640]  And make this a lot more expensive for him.
[01:43:27.640 --> 01:43:28.640]  Hang on, about to go to break.
[01:43:28.640 --> 01:43:31.640]  Randy Kelton, real law radio.
[01:43:31.640 --> 01:43:35.640]  I call in number 512-646-1984.
[01:43:35.640 --> 01:43:43.640]  We'll be right back.
[01:43:43.640 --> 01:43:59.640]  He won that hit.
[01:44:13.640 --> 01:44:38.640]  He won that hit.
[01:44:38.640 --> 01:44:42.640]  He won that hit.
[01:44:42.640 --> 01:45:00.640]  He won that hit.
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[01:46:18.640 --> 01:46:24.640]  Okay, we are back. Randy Kelton with Legal101 Radio. We're talking to Charles in Texas.
[01:46:24.640 --> 01:46:29.640]  Okay, Charles, this all makes sense to you.
[01:46:29.640 --> 01:46:37.640]  Yes, because it's my plan of attack was to force the issue with the motion.
[01:46:37.640 --> 01:46:45.640]  Because I want them to prove, because they have to prove they have the jurisdiction to hear the state.
[01:46:45.640 --> 01:46:50.640]  And that's what I want them to do, because I have proof that says they don't.
[01:46:50.640 --> 01:46:57.640]  So, you might look at just filing a lawsuit against them.
[01:46:57.640 --> 01:47:02.640]  Oh, no, that's something I'm definitely going to do.
[01:47:02.640 --> 01:47:11.640]  I mean, now, you don't have to wait until they are you afraid they're going to put you in jail?
[01:47:11.640 --> 01:47:26.640]  Well, because I am a single parent. Yeah, that's one of my fears that they will, that they will, because I've been told the six, it's a six month, it's up to six months in a, in a, in a county or state facility.
[01:47:26.640 --> 01:47:29.640]  I'm a single, I'm a single guy with sole custody of my daughter.
[01:47:29.640 --> 01:47:32.640]  That's what my greed is not looking forward to.
[01:47:32.640 --> 01:47:34.640]  Okay, make a deal. Get out of there.
[01:47:34.640 --> 01:47:38.640]  Don't go to jail. Make a deal. Get out of it.
[01:47:38.640 --> 01:47:41.640]  Don't come back and sue them.
[01:47:41.640 --> 01:47:48.640]  They're going to come to you the last minute to offer you a deal.
[01:47:48.640 --> 01:47:50.640]  They'll come at me at the last minute. Okay.
[01:47:50.640 --> 01:47:52.640]  Yeah.
[01:47:52.640 --> 01:48:01.640]  Because I have proof that they don't even have the, they don't even have anything to enforce because it's also been trained.
[01:48:01.640 --> 01:48:04.640]  Make a deal. They don't want to put you in jail.
[01:48:04.640 --> 01:48:09.640]  If they do, they'll have to take care of your daughter and all kind of other stuff. They want to make a deal.
[01:48:09.640 --> 01:48:15.640]  They want to collect money from me. As soon as you make a deal, get this thing closed, then sue them.
[01:48:15.640 --> 01:48:24.640]  Yeah, they're going to be transferred because I'm not employed. I'm trying to get the ability. They're not going to get much.
[01:48:24.640 --> 01:48:28.640]  Well, you don't want to lose your child. It's the big deal.
[01:48:28.640 --> 01:48:31.640]  That is, that's true.
[01:48:31.640 --> 01:48:36.640]  So that's most important. So make sure you don't go to jail first.
[01:48:36.640 --> 01:48:38.640]  Yes, sir.
[01:48:38.640 --> 01:48:49.640]  And once you're out of court, once you're out from under this threat, then you can go back after them.
[01:48:49.640 --> 01:48:53.640]  Okay. I can do that.
[01:48:53.640 --> 01:49:00.640]  Okay. Keep us up. Keep us up to date. We've got a board full of callers. I do need to keep moving.
[01:49:00.640 --> 01:49:04.640]  Okay. I'll get back with y'all Friday. I'll send you an email and let you know.
[01:49:04.640 --> 01:49:06.640]  Okay. Thank you.
[01:49:06.640 --> 01:49:11.640]  Okay. Now we're going to Jeff in Mississippi.
[01:49:11.640 --> 01:49:16.640]  I can get this thing to turn on.
[01:49:16.640 --> 01:49:21.640]  I am sorry, Jeff. I'm having a little issue with my mouse here.
[01:49:21.640 --> 01:49:25.640]  Gotcha. Okay. Go ahead, Jeff.
[01:49:25.640 --> 01:49:27.640]  Hey, Randy.
[01:49:27.640 --> 01:49:31.640]  Howdy. How's it going out there?
[01:49:31.640 --> 01:49:38.640]  Pretty good. The last, though, I'm going to say three or four times, I've called you on the same subject.
[01:49:38.640 --> 01:49:44.640]  And so I've made a little progress in that to catch the listeners up.
[01:49:44.640 --> 01:49:48.640]  I had a state case. I lost the case.
[01:49:48.640 --> 01:49:53.640]  I went to the Mississippi Supreme Court to appeal the case.
[01:49:53.640 --> 01:49:58.640]  The Mississippi Supreme Court is divided into two courts.
[01:49:58.640 --> 01:50:04.640]  The Mississippi Court of Appeals and then the Mississippi Supreme Court.
[01:50:04.640 --> 01:50:19.640]  The Mississippi Supreme Court states that the Court of Appeals is only designated to adjudicate or, you know, judge on cases where there was a mistake in fact.
[01:50:19.640 --> 01:50:26.640]  And what they did is they just came back and denied my appeal for it in the trash.
[01:50:26.640 --> 01:50:30.640]  And I had objected on law.
[01:50:30.640 --> 01:50:37.640]  The Mississippi Supreme Court also states that the Court of Appeals can only judge on fact, but not law.
[01:50:37.640 --> 01:50:41.640]  The Mississippi Supreme Court judges on law.
[01:50:41.640 --> 01:50:48.640]  So what I did was I had a court-appointed attorney. She did nothing for me.
[01:50:48.640 --> 01:50:50.640]  And so what I did was I fired her.
[01:50:50.640 --> 01:51:03.640]  But before I fired her, I had already put in a notice of appeal stating that the Court of Appeals never addressed the fact that I had objected on law.
[01:51:03.640 --> 01:51:10.640]  I objected to, I had a rifle charge and I objected under the Second Amendment and McDonnell v. Chicago.
[01:51:10.640 --> 01:51:12.640]  They never addressed that.
[01:51:12.640 --> 01:51:18.640]  So now I've turned around and filed, I fired her. I sent a notice into court.
[01:51:18.640 --> 01:51:23.640]  Now I've turned around and filed another notice. This is my third notice of appeal.
[01:51:23.640 --> 01:51:32.640]  However, this notice of appeal says that I, Jeffrey Hill, am coming in alone.
[01:51:32.640 --> 01:51:38.640]  So they can actually hear my or see my documents.
[01:51:38.640 --> 01:51:43.640]  And anyway, I just wanted to get your take on that. I filed several notices of appeals.
[01:51:43.640 --> 01:51:53.640]  But now that I've fired my attorney with a notice, this last notice of appeal says that I, Jeffrey Hill, come in alone without an attorney.
[01:51:53.640 --> 01:52:01.640]  And in my notice, I actually put that the Court of Appeals never addressed McDonnell v. Chicago.
[01:52:01.640 --> 01:52:04.640]  And so therefore, this is law.
[01:52:04.640 --> 01:52:12.640]  Okay, wait a minute. You just said that the Court of Appeals doesn't hear law, they only hear fact.
[01:52:12.640 --> 01:52:15.640]  They only address fact.
[01:52:15.640 --> 01:52:17.640]  Yes.
[01:52:17.640 --> 01:52:23.640]  So isn't this inappropriate for the Court of Appeals?
[01:52:23.640 --> 01:52:26.640]  Well, yeah, very much so.
[01:52:26.640 --> 01:52:32.640]  So why are you filing this with the Court of Appeals instead of the Supreme?
[01:52:32.640 --> 01:52:37.640]  I didn't. They did it automatically.
[01:52:37.640 --> 01:52:45.640]  Oh, okay. So essentially, they will deny this and that will push it to the Supreme.
[01:52:45.640 --> 01:52:55.640]  Yes, only if the Supreme sees a mistaken law. So I went ahead and put on there that they never addressed the law and this is a law.
[01:52:55.640 --> 01:53:01.640]  It's case law. I wanted to see if that was correct.
[01:53:01.640 --> 01:53:09.640]  I'm not sure. I don't understand enough of how Mississippi works.
[01:53:09.640 --> 01:53:16.640]  That's, you know, in Texas, we have two high courts. One is the Court of Criminal Appeals.
[01:53:16.640 --> 01:53:19.640]  The other is the Supreme.
[01:53:19.640 --> 01:53:28.640]  But it's different in Texas because the Court of Appeals, Court of Criminal Appeals hears criminal issues. Supreme here is civil.
[01:53:28.640 --> 01:53:41.640]  Here, this is an unusual setup where the Court of Appeals only hears issues of fact and the Supreme hears issues of law.
[01:53:41.640 --> 01:53:48.640]  Did you raise issues of fact in the Court of Appeals?
[01:53:48.640 --> 01:53:58.640]  Yes. Yes, they made all kinds of mistakes. They never even addressed any of them. They just simply said, denied. We're going to affirm the Court's decision.
[01:53:58.640 --> 01:54:04.640]  They didn't provide you with a judgment?
[01:54:04.640 --> 01:54:23.640]  Yes, they did provide me with a judgment, but it just said that Jeffrey Hill's raising a whole bunch of Ashcroft versus Plombly, you know, refighting legal threadbare allegations and therefore his brief is Merrillus.
[01:54:23.640 --> 01:54:29.640]  Basically, they said that I was crazy.
[01:54:29.640 --> 01:54:37.640]  Okay, this sounds like a, okay, sounds like it's ripe for Supreme.
[01:54:37.640 --> 01:54:46.640]  So, since they denied it and the Supreme hears law, why didn't you move on to the Supreme?
[01:54:46.640 --> 01:54:50.640]  I already have. That's what I did as I dropped the notice in.
[01:54:50.640 --> 01:55:00.640]  We had, I had called in about a month ago and we had a long conversation that I had a court appointed attorney, but she was doing nothing.
[01:55:00.640 --> 01:55:09.640]  So, I was putting all kinds of motion in and motions in and Deborah came on and said that they cannot see your motions because you're still under representation.
[01:55:09.640 --> 01:55:13.640]  So, then I fired.
[01:55:13.640 --> 01:55:23.640]  Okay, so by they, okay, I remember that you didn't hear what went on on the break.
[01:55:23.640 --> 01:55:32.640]  Anyway, okay, so you filed this with you.
[01:55:32.640 --> 01:55:36.640]  I'm sure you expect the Court of Appeals just to blow it off.
[01:55:36.640 --> 01:55:41.640]  Is this a necessary step?
[01:55:41.640 --> 01:55:45.640]  No, I'm not sure. I want to get your take on it.
[01:55:45.640 --> 01:55:53.640]  I would say that again. I spoke and it blanked you under me.
[01:55:53.640 --> 01:55:59.640]  Oh, I would like to win this case because it's a felony, so it would be nice to have it on.
[01:55:59.640 --> 01:56:06.640]  So, it sounds like the next place to go is the Supreme, the State Supreme.
[01:56:06.640 --> 01:56:17.640]  So, I filed a notice of appeal to the State Supreme stating that the State Supreme hears law and I objected under McDonnell versus Chicago.
[01:56:17.640 --> 01:56:27.640]  So, that's law. I kind of had a nasty notice. It was probably a little bit more detailed than most other notices.
[01:56:27.640 --> 01:56:35.640]  Wait, I don't understand what that meant. You had a notice. You're talking about the notice that you filed.
[01:56:35.640 --> 01:56:44.640]  Yes, I filed the notice with the Supreme Court and stating that I'm still objecting under McDonnell versus Chicago.
[01:56:44.640 --> 01:56:52.640]  I objected to that in trial. It's never been addressed. So, therefore, the Mississippi Supreme Court has to hear this case.
[01:56:52.640 --> 01:57:00.640]  Yeah, and you need to make that. You might consider writing it in terms of federal law.
[01:57:00.640 --> 01:57:08.640]  So, it tells the Supreme that from here you're going to the Fed. The Fed will do process.
[01:57:08.640 --> 01:57:11.640]  Okay, do I need to drop in another notice then? Is that?
[01:57:11.640 --> 01:57:23.640]  No, no. If you've already got it in, you can just go ahead and go on to the – this still definitely go on to the Fed.
[01:57:23.640 --> 01:57:29.640]  Okay, so should I start – should I write a brief and go ahead and drop that in if I don't hear from them?
[01:57:29.640 --> 01:57:33.640]  Well, generally you filed a brief with the notice.
[01:57:33.640 --> 01:57:36.640]  Oh, okay. I did not do that.
[01:57:36.640 --> 01:57:43.640]  Yeah, file a brief with the notice and this gives them something to work from to decide if they're going to pick it up or not.
[01:57:43.640 --> 01:57:51.640]  Oh, okay. Okay, I just thought it was the notice by itself and then they contact you and then you bring in the brief.
[01:57:51.640 --> 01:58:00.640]  Well, you send them enough so they can look at your case and decide if they want to pick it up or not.
[01:58:00.640 --> 01:58:06.640]  So, the more you give them the better and it gets you a real jumpstart on your brief.
[01:58:06.640 --> 01:58:10.640]  Okay, so go ahead and type the brief up and mail it in.
[01:58:10.640 --> 01:58:12.640]  Yeah.
[01:58:12.640 --> 01:58:19.640]  Okay, I can do that because it's – I've already got a template so it's pretty close to being done anyway.
[01:58:19.640 --> 01:58:23.640]  Good, good. Yeah, get that to them. That might get them to pick it up.
[01:58:23.640 --> 01:58:26.640]  Okay, I'll call you next week. Thank you.
[01:58:26.640 --> 01:58:31.640]  Okay, thank you, Jeff. We're going to break. Randy Kelton, we use our radio.
[01:58:31.640 --> 01:58:50.640]  If you're calling number 512-646-1984, we'll be right back.
[01:58:50.640 --> 01:59:03.640]  Okay.
[01:59:03.640 --> 01:59:27.640]  Okay.
[01:59:27.640 --> 01:59:50.640]  Thank you.
[01:59:50.640 --> 01:59:59.640]  You are listening to the Logos Radio Network. LogosRadionetwork.com.