[00:00.000 --> 00:07.920] The following news flash is brought to you by The Lone Star Lowdown. [00:07.920 --> 00:13.040] Markets for Monday the 8th of January 2018 opened with gold at $1,320.00 and two cents [00:13.040 --> 00:22.080] an ounce, silver $17.20 an ounce, Texas Crude $61.44 a barrel, Bitcoin $16,020.30, while [00:22.080 --> 00:34.800] Bitcoin cashed at $2,757.56, finally dash coins at $1,284.36, a crypto coin. [00:34.800 --> 00:40.640] Today in history, the year 1835, the United States government national debt is zero for [00:40.640 --> 00:45.220] the first time and presumably only time in the government's existence. [00:45.220 --> 00:46.720] Zero government debt? [00:46.720 --> 00:50.440] Today in history. [00:50.440 --> 00:54.320] In recent news, the president will undergo a two-hour physical exam which will include [00:54.320 --> 00:58.480] urine blood analysis, cardiac evaluation, and some more personal prying with sleeping [00:58.480 --> 01:02.880] habits and even his romantic life being discussed with the multi-administration presidential [01:02.880 --> 01:03.880] physician. [01:03.880 --> 01:08.120] It seems the president may be wanting to later rest the recent lineup of criticisms, questioning [01:08.120 --> 01:11.960] his mental health and stability, apparently some of the president's more recent tweets [01:11.960 --> 01:16.760] directed towards North Korea's Kim Jong-un and the author of the book Fire and Fury, [01:16.760 --> 01:20.920] Michael Wolfe, has many thinking that the president should perhaps be more articulate [01:20.920 --> 01:23.280] and less rash with his tweets. [01:23.280 --> 01:29.920] The U.S. District Court Judge Gloria Nambaro dismissed cases against Nevada Rancher Clive [01:29.920 --> 01:33.680] and Bundy, his two sons and a Montana militiaman today. [01:33.680 --> 01:37.840] Judge ruled that the government's lawyers suppressed footage from several cameras that [01:37.840 --> 01:42.080] were set up by the FBI around the Bundy's family home that would have been favorable [01:42.080 --> 01:46.720] in the defendant's case when Mr. Bundy was released today Monday after leaving the courthouse [01:46.720 --> 01:50.280] while he told reporters that I've been a political prisoner for 700 days. [01:50.280 --> 01:54.880] He hadn't seen his wife for nearly two years due to the fact that he had refused any conditional [01:54.880 --> 02:01.200] release which required him to forfeit his trial by jury rights. [02:01.200 --> 02:05.520] Former Google engineer James D'Amour filed a class action lawsuit against the Alphabet [02:05.520 --> 02:10.280] Corporation on Monday claiming that it discriminates against white men and those with conservative [02:10.280 --> 02:11.680] leaning views. [02:11.680 --> 02:15.440] D'Amour was terminated for dismantling a memo, essentially questioning the company's [02:15.440 --> 02:17.120] diversity policies. [02:17.120 --> 02:21.200] The suit is basically arguing that Google employees who express views deviating from [02:21.200 --> 02:27.400] corporate sentiments on politics and practices like diversity hiring policies by a sensitivity [02:27.400 --> 02:33.120] and social justice were singled out, mistreated and systematically punished and terminated [02:33.120 --> 02:34.120] from Google. [02:34.120 --> 02:38.240] Google spokesman Tasha Parr said in response that we look forward to defending against [02:38.240 --> 02:40.440] Mr. D'Amour's lawsuit in court. [02:40.440 --> 02:46.440] If you'd like to help out the Lone Star Lowdown with some reporting or advertising, feel free [02:46.440 --> 02:50.440] to give me call it 210-363-2257. [02:50.440 --> 03:07.440] This was for crony with your Lowdown for January 8th, 2018. [03:07.440 --> 03:36.880] Okay, this is Randy Kelton, rule of law radio on this February the 2nd, 2018 on our four [03:36.880 --> 03:38.880] hour info marathon. [03:38.880 --> 03:42.640] Turning the phones on, we'll have the phones on all night. [03:42.640 --> 03:48.840] Let me start with a report on the litigation engine. [03:48.840 --> 03:51.760] I have the thing up and working. [03:51.760 --> 03:55.560] I have one little glitch in it. [03:55.560 --> 04:03.760] My programmer should have no problem fixing and I at least have a working demonstration [04:03.760 --> 04:04.760] engine. [04:04.760 --> 04:11.040] It isolates all the motions and pleadings indicated. [04:11.040 --> 04:14.840] It creates the motions and pleadings. [04:14.840 --> 04:18.160] I just don't have all the content written into them yet. [04:18.160 --> 04:27.480] By the end of next week, then I should have a complete, if not absolutely complete, at [04:27.480 --> 04:34.960] least a fully functioning version for traffic up and online. [04:34.960 --> 04:42.840] As soon as I get it working the way I want it to, so that all the features are in place, [04:42.840 --> 04:49.160] then we will start promoting it and to believe, if this works out the way we've been expecting [04:49.160 --> 04:55.800] it to, that we will dramatically affect traffic enforcement in Texas. [04:55.800 --> 05:04.840] Our phone lines are open, call in numbers 512-646-1984. [05:04.840 --> 05:05.840] I'm kind of excited about it. [05:05.840 --> 05:10.240] This is 10 years long and I'm sure the people who have been listening for a long time and [05:10.240 --> 05:15.760] hearing about this and hearing me talk about it all this time and probably begun to think [05:15.760 --> 05:18.600] it would never happen. [05:18.600 --> 05:25.560] But finally, we're getting something up and online and the more I look at it, the more [05:25.560 --> 05:34.480] I'm especially impressed with the software that my programmer gave me. [05:34.480 --> 05:41.560] If any guys ever out there need programming, give me a ring, I'll get you in touch with [05:41.560 --> 05:42.560] my programmer. [05:42.560 --> 05:52.000] Guys in Moscow, the first programmer I ever talked to who sat there and listened to what [05:52.000 --> 05:58.240] I wanted and then came back and gave me what I asked for. [05:58.240 --> 06:04.000] Every time I talked to a programmer in the US, they always wanted to give me what they [06:04.000 --> 06:07.560] thought I needed instead of what I asked them for. [06:07.560 --> 06:14.160] This guy listened, he listened carefully, gave me what I wanted, actually gave me a [06:14.160 --> 06:21.200] product better than I had asked for because he anticipated issues that I hadn't and when [06:21.200 --> 06:26.760] I came to the problem, I saw that it would be a problem, but then when I tested the software, [06:26.760 --> 06:30.280] he had already addressed it, so I was pretty impressed with it. [06:30.280 --> 06:32.880] I got good software up and working. [06:32.880 --> 06:36.600] I got the traffic ticket site. [06:36.600 --> 06:47.400] I have one that, well, I can put a link on the trafficticket.website that I don't have [06:47.400 --> 06:48.400] on there yet. [06:48.400 --> 06:52.760] I probably should have went ahead and put that link on so I could present it. [06:52.760 --> 06:59.840] I have a separate site that I made up for promotion that I have these on, but that's [06:59.840 --> 07:01.640] not appropriate for this. [07:01.640 --> 07:03.800] Anyway, I'm going to shut up now. [07:03.800 --> 07:05.800] I'm going to go to Scott. [07:05.800 --> 07:11.320] I think you folks are probably getting tired of hearing about this program that's going [07:11.320 --> 07:12.320] to change the world. [07:12.320 --> 07:14.120] It just hasn't yet. [07:14.120 --> 07:18.640] Okay, Scott, what do you have for us today? [07:18.640 --> 07:25.240] Oh, well, I was just going to kind of go back over a couple of things as we talked about [07:25.240 --> 07:37.360] some yesterday on the attorneys, actually the judge going crawdad and reversing the decisions, [07:37.360 --> 07:43.160] so giving the warning shot for the other attorneys to amend their pleadings because [07:43.160 --> 07:45.920] everything got changed to declaratory judgment. [07:45.920 --> 07:55.240] So, and that's okay, we're back up for those who haven't been following this ongoing saga. [07:55.240 --> 08:02.440] Scott filed suit against three different entities where they're all municipalities or just two [08:02.440 --> 08:03.440] of them. [08:03.440 --> 08:04.440] Yeah. [08:04.440 --> 08:08.240] Was one a JP? [08:08.240 --> 08:18.360] This was against a couple of cops, so, well, actually, these, I filed against JP's cops [08:18.360 --> 08:24.960] and a prosecutor, so they're the primary cops. [08:24.960 --> 08:31.200] He filed these and the other side filed the standard Rule 12 motion to dismiss fair state [08:31.200 --> 08:38.720] claim which graph can be had or rules, what's the state rule, 96, 91A? [08:38.720 --> 08:39.720] 91A. [08:39.720 --> 08:40.720] Okay. [08:40.720 --> 08:44.200] They're both essentially the same. [08:44.200 --> 08:50.480] So they filed out and then we talked on the air about this and then me and Scott got together [08:50.480 --> 08:58.000] and kind of chopped up one of my old suits and turned it into a challenge to subject [08:58.000 --> 09:03.920] matter jurisdiction, I mean, I'm sorry, a declaratory judgment suit and what we're asking [09:03.920 --> 09:15.560] for is the court to rule that the municipal police department have not been authorized [09:15.560 --> 09:22.160] by the statutes to enforce the transportation code. [09:22.160 --> 09:23.960] And so this is kind of where we're at. [09:23.960 --> 09:29.680] They filed those declaratory judgment suits, they filed them as an amended and when you [09:29.680 --> 09:33.940] file an amended, the original suit's gone. [09:33.940 --> 09:38.680] So when you file the amended, you have to make sure you ask for everything that you [09:38.680 --> 09:43.600] want that was in the original suit because if you don't put it in there, then it's not [09:43.600 --> 09:45.960] before the court anymore. [09:45.960 --> 09:52.880] So he filed those and then you got responses back that essentially addressed the original [09:52.880 --> 09:53.880] complaints. [09:53.880 --> 09:56.320] Isn't that right, Scott? [09:56.320 --> 09:59.000] Yeah, primarily. [09:59.000 --> 10:10.080] So now these complaints as the declaratory judgment, they're just going to have to be [10:10.080 --> 10:13.520] able just to rule on the facts and the law. [10:13.520 --> 10:21.400] And one of these attorneys has already wrote back, I got in I think yesterday, where he's [10:21.400 --> 10:22.400] still... [10:22.400 --> 10:23.400] Hold on. [10:23.400 --> 10:24.400] Hold on. [10:24.400 --> 10:25.400] Hold on. [10:25.400 --> 10:26.400] You stepped ahead. [10:26.400 --> 10:31.200] I was leading up to that crowd ad action by the judge. [10:31.200 --> 10:35.040] These guys filed motions to dismiss. [10:35.040 --> 10:40.360] When Scott filed the amended plea, when the other side files a motion to dismiss that [10:40.360 --> 10:46.640] automatically triggers a right to file an amended complaint, they're going to file a [10:46.640 --> 10:49.920] motion to dismiss for failure state claim. [10:49.920 --> 10:57.280] If the other side looks at it and decides that their arguments are well taken, then [10:57.280 --> 11:04.520] he can file an amended pleading addressing the issues that the lawyers brought. [11:04.520 --> 11:10.000] So instead of addressing those issues, Scott filed a declaratory judgment suit which bypassed [11:10.000 --> 11:11.000] all those issues. [11:11.000 --> 11:16.280] He wasn't asking for any damages from these guys. [11:16.280 --> 11:21.520] And when you don't ask for damages and ask for a declaratory judgment, there is no immunity [11:21.520 --> 11:24.080] for anybody. [11:24.080 --> 11:28.600] But the lawyers on the other side somehow didn't get it. [11:28.600 --> 11:34.600] And they filed responses as if the original suit was still before the court. [11:34.600 --> 11:45.280] And then the judge in a sui sponte action, he kind of threw up a red flag for these lawyers. [11:45.280 --> 11:48.880] Hey guys, you missed the point. [11:48.880 --> 11:52.160] You leave those in or I'm going to throw them all out. [11:52.160 --> 11:57.040] Do you have that document in front of you, Scott? [11:57.040 --> 11:59.640] No, I don't. [11:59.640 --> 12:01.760] I turned off my computer already. [12:01.760 --> 12:02.760] Okay. [12:02.760 --> 12:10.000] Well, basically what it said was is that the motions to dismiss were, the judge was dismissing [12:10.000 --> 12:13.280] them sui sponte as moot. [12:13.280 --> 12:22.720] Now he did this without a hearing before, with a hearing coming up, he could have just [12:22.720 --> 12:27.440] as well dismissed them at the hearing, but he didn't. [12:27.440 --> 12:31.200] The judge moves sui sponte ahead of time. [12:31.200 --> 12:38.640] So I read that as he's giving these lawyers a heads up saying, hey guys, you missed the [12:38.640 --> 12:40.760] point. [12:40.760 --> 12:43.480] And I took that as a very good sign. [12:43.480 --> 12:44.480] Okay. [12:44.480 --> 12:46.480] What's happened after that? [12:46.480 --> 12:57.720] Well, the couple of attorneys, well, because another attorney, they were all really mad [12:57.720 --> 13:02.160] or, you know, they're trying to get it to where these declaratory judgments couldn't [13:02.160 --> 13:08.320] get in before the courts now, and it's too late because they were all amended. [13:08.320 --> 13:17.000] And this one attorney, the same attorney that was acting all pretty rude and wrote up a [13:17.000 --> 13:25.720] really nice little thing for him for a judge to read about, you know, if he would have [13:25.720 --> 13:27.720] act civilized, you know, the couple. [13:27.720 --> 13:28.720] Okay. [13:28.720 --> 13:33.440] You're talking about the one that accused you of being a scoff law? [13:33.440 --> 13:34.440] Yes. [13:34.440 --> 13:43.200] Oh, that's the one, or you told him that if the judge would just direct the lawyer to [13:43.200 --> 13:47.160] bend over that you'd pull that wild hair out of his behind for him and you two could go [13:47.160 --> 13:50.600] back to treating one another like mature and responsible adults? [13:50.600 --> 13:54.240] That's exactly what it is. [13:54.240 --> 13:58.240] You remember that one pretty well. [13:58.240 --> 14:10.760] So, Mr. Budhair, he's coming back and he's like, well, he's trying to get these put, [14:10.760 --> 14:16.840] he wants to make this little last-ditch maneuver because he knew he was fixed to be ruled against [14:16.840 --> 14:23.040] it, you know, in a bad way, and I'm thinking, yeah, you're sure right about that. [14:23.040 --> 14:24.920] I pulled the fast one on you. [14:24.920 --> 14:27.800] How'd you like that one? [14:27.800 --> 14:35.120] The problem with that is that is exactly the point. [14:35.120 --> 14:39.160] You filed an action and then it had issues with it. [14:39.160 --> 14:46.600] The other side complained of the issues and asked to dismiss for failure to stay acclaimed. [14:46.600 --> 14:54.360] Well, the case law allows you to file an amended pleading to address those issues and you did [14:54.360 --> 14:56.440] exactly that. [14:56.440 --> 15:00.320] So you did exactly what you were supposed to do. [15:00.320 --> 15:02.480] This guy's whining about it. [15:02.480 --> 15:07.000] Oh, they all whined about it. [15:07.000 --> 15:12.560] They don't like this declaratory judgment for no amount of money. [15:12.560 --> 15:18.160] And that's because they don't do a lot of declaratory judgments and they can't go to the file and [15:18.160 --> 15:25.600] pull out this standard motion or pleading and change a few of the details and file it, [15:25.600 --> 15:30.760] knowing that they're meeting all the common case law that's used in these cases. [15:30.760 --> 15:38.760] Now they have to go to the books, do their own research and hope they don't miss something. [15:38.760 --> 15:45.280] The problem is, is we've been researching this a long time and they haven't. [15:45.280 --> 15:53.200] They're coming to it cold and they're afraid that this ignorant pro say is going to wind [15:53.200 --> 15:57.920] up wiping the floor with them. [15:57.920 --> 16:05.880] Now I've got all these wrote up as briefs and so everything is just so well put together [16:05.880 --> 16:07.120] now. [16:07.120 --> 16:13.920] It turns into literally nine or 11 pages of sheer terror for these people. [16:13.920 --> 16:20.400] Just depends on how many facts, statement of facts I have in whichever situation that [16:20.400 --> 16:21.920] I'm using at the end. [16:21.920 --> 16:27.000] And these things have just turned into these briefs and you just drop these, these are [16:27.000 --> 16:30.080] like dropping little nuclear bombs around. [16:30.080 --> 16:36.680] So it's okay, okay, but hang on, we're about to go to break. [16:36.680 --> 16:44.280] This is Randy Kelsen, root of our radio, our call in number 512-646-1984. [16:44.280 --> 16:47.120] This is our four hour info marathon. [16:47.120 --> 16:49.160] So we'll have the phone lines open all night. [16:49.160 --> 17:00.520] If you have a question or comment, give us a call, we'll be right back. [17:00.520 --> 17:01.520] Saying cookies. [17:01.520 --> 17:02.520] Cookies? [17:02.520 --> 17:03.520] We love cookies. [17:03.520 --> 17:04.840] Oh, hi Cookie Munchers. [17:04.840 --> 17:06.840] No, these are yucky cookies. [17:06.840 --> 17:07.840] Cookies? [17:07.840 --> 17:08.840] Yucky? [17:08.840 --> 17:09.840] No, no bad cookies. [17:09.840 --> 17:11.240] You can't even eat these cookies. [17:11.240 --> 17:12.240] These are cyber cookies. [17:12.240 --> 17:13.240] No, can't eat. [17:13.240 --> 17:17.240] No, they are cyber cookies and they clog up your computer. [17:17.240 --> 17:18.240] These have apples. [17:18.240 --> 17:19.240] Really? [17:19.240 --> 17:21.560] Oh, that's an actual apple. [17:21.560 --> 17:22.560] Yummy apple. [17:22.560 --> 17:26.920] I'm going to throw away these yucky cookies in the trash. [17:26.920 --> 17:33.080] I click control, shift, delete and then scroll down to cookies and clear them. [17:33.080 --> 17:34.640] Bye bye yucky cookies. [17:34.640 --> 17:40.320] Now I go to logosradionetwork.com and I click on the Amazon box on the upper right hand [17:40.320 --> 17:46.320] side, bookmark the link and I can go to Amazon through this link and order you some yummy [17:46.320 --> 17:47.320] new cookie. [17:47.320 --> 17:48.320] The new cookies? [17:48.320 --> 17:49.320] For me? [17:49.320 --> 17:53.720] Consider it an early Christmas present and every time I order on Amazon I go through [17:53.720 --> 17:57.640] this link and I give a little present to this radio network too. [17:57.640 --> 17:58.640] Cheers for cookie. [17:58.640 --> 18:00.640] Cheers for classified. [18:00.640 --> 18:06.000] Are you being harassed by debt collectors with phone calls, letters or even lawsuits? [18:06.000 --> 18:09.440] Stop debt collectors now with the Michael Mearris proven method. [18:09.440 --> 18:13.800] Michael Mearris has won six cases in federal court against debt collectors and now you [18:13.800 --> 18:14.800] can win too. [18:14.800 --> 18:19.640] You'll get step-by-step instructions in plain English on how to win in court using federal [18:19.640 --> 18:25.400] civil rights statutes, what to do when contacted by phones, mail or court summons, how to answer [18:25.400 --> 18:30.040] letters and phone calls, how to get debt collectors out of your credit reports, how to turn the [18:30.040 --> 18:34.240] financial tables on them and make them pay you to go away. [18:34.240 --> 18:39.360] The Michael Mearris proven method is the solution for how to stop debt collectors. [18:39.360 --> 18:41.480] Personal consultation is available as well. [18:41.480 --> 18:47.040] For more information please visit ruleoflawradio.com and click on the blue Michael Mearris banner [18:47.040 --> 18:56.440] or email michaelmearris at yahoo.com, that's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s [18:56.440 --> 19:00.520] at yahoo.com to learn how to stop debt collectors now. [19:00.520 --> 19:19.280] This is Randy Kelkin, Debra Stephens, rule of law radio and I'm having a little issues [19:19.280 --> 19:20.280] tonight. [19:20.280 --> 19:26.480] I apologize for that, looks like I lost almost an hour, I hope someone's still there. [19:26.480 --> 19:31.320] But I'm not having a great night tonight, my producer is off sick and I'm running the [19:31.320 --> 19:36.800] boards myself and I seem to always mess up something. [19:36.800 --> 19:41.680] So I'm not sure if this problem's me or something else, I believe it's me. [19:41.680 --> 19:52.720] If you're out there and you can hear me, the caller lines are open, call in number 512-646-1984 [19:52.720 --> 19:55.640] and again I apologize for the issues. [19:55.640 --> 20:01.360] I was kind of on a roll when all this happened and now the problem is I don't know where [20:01.360 --> 20:04.040] I was at when you lost sound. [20:04.040 --> 20:15.560] So I was talking about, I have someone on Skype trying to tell me, I hope they're telling [20:15.560 --> 20:19.240] me that if they're up, I'm up and they can hear me. [20:19.240 --> 20:25.480] Okay, I don't know, I don't know if I'm getting out or not. [20:25.480 --> 20:27.920] I'm just going to hope that I am. [20:27.920 --> 20:33.440] It looks like all my timed events and everything are turned on so maybe I'm up and out on the [20:33.440 --> 20:39.560] web if you can hear me and you have a question or comment, give me a call. [20:39.560 --> 20:43.440] That would be helpful right now then I'll know that someone's out there and I'm actually [20:43.440 --> 20:45.440] being heard. [20:45.440 --> 20:55.320] Okay, when I went down, I was talking about, I wanted to go through some of the things [20:55.320 --> 21:02.680] that were developed over the years and how to get public officials to do what they're [21:02.680 --> 21:03.680] supposed to do. [21:03.680 --> 21:14.720] And I have a few rules that I go by that helps me handle myself when I'm in front of these [21:14.720 --> 21:15.720] guys. [21:15.720 --> 21:19.560] Okay, this is good news, somebody's telling me I'm being heard. [21:19.560 --> 21:27.160] Okay, good, my call boards are coming up so maybe I've got things fixed. [21:27.160 --> 21:34.640] I'm thinking if I should proceed with this or just go to the call boards. [21:34.640 --> 21:38.240] Call boards are lighting up so I'll go ahead and go to the boards. [21:38.240 --> 21:39.240] Hello, Brett. [21:39.240 --> 21:40.240] Hello, Randy. [21:40.240 --> 21:41.240] Good evening to you. [21:41.240 --> 21:47.960] Oh, and thank you for that email telling me that I was having a problem. [21:47.960 --> 21:51.440] I didn't know I was having, but it looks like I got it sorted out. [21:51.440 --> 21:54.120] You might not know, they are wonderful. [21:54.120 --> 21:57.200] See, I don't have a producer here. [21:57.200 --> 22:00.600] The producer can listen independently. [22:00.600 --> 22:07.600] I speak, I hear my, I'm using a mixer that feeds my voice back into my headset. [22:07.600 --> 22:12.640] And I can't monitor what's actually going out on the air. [22:12.640 --> 22:17.720] My producer can do that but he's been down with the flu for a couple of weeks so I'm [22:17.720 --> 22:22.480] stuck by myself and I depend on my listeners to bail me out and you bailed me out pretty [22:22.480 --> 22:23.480] good there. [22:23.480 --> 22:24.480] Thank you, Brett. [22:24.480 --> 22:26.480] What do you have for us today? [22:26.480 --> 22:31.840] So you were the only one listening to the sound of your own voice? [22:31.840 --> 22:33.560] Yes, I was. [22:33.560 --> 22:39.760] But then again, I do like to talk to myself because I like to talk to intelligent people. [22:39.760 --> 22:49.760] And besides, I'm the only one that'll listen. [22:49.760 --> 22:59.640] Well I've got some report for you, since the last time we talked, I've got a chance to [22:59.640 --> 23:04.000] run some people through the ring. [23:04.000 --> 23:12.600] Today before yesterday, I was over in the municipal court in Richardson and I had 99 items before [23:12.600 --> 23:20.280] the court for a pre-trial hearing, various objections, I had a motion to quash, motion [23:20.280 --> 23:27.840] to dismiss for this reason, motion to discharge for that reason, and, you know, of course [23:27.840 --> 23:33.760] the challenge to subject matter jurisdiction was right up at the top of the list. [23:33.760 --> 23:39.160] The judge decided that she wanted to make some bad decisions and just categorically [23:39.160 --> 23:45.640] deny and overrule just with the broad brush. [23:45.640 --> 23:52.240] And I think she earned herself quite a bit of criminal complaints and judicial misconduct [23:52.240 --> 23:56.720] complaint that she's probably not going to be too happy about. [23:56.720 --> 24:05.640] The prosecutor offered the judge some advice that was contrary to the law and I quickly [24:05.640 --> 24:12.280] said, well, your honor, I'd like you to take judicial notice of what the law actually said. [24:12.280 --> 24:20.200] And the judge said, well, I'm not taking judicial notice of that. [24:20.200 --> 24:33.240] Oh, as I recall, the judge is required to take judicial notice of the law. [24:33.240 --> 24:42.840] That's a, I don't remember it in statute, but I'd absolutely remember it in case law. [24:42.840 --> 24:46.240] So that's not an option the judge has. [24:46.240 --> 24:53.320] Say that again, I kind of, my suppressor pushed me out, you under me a second. [24:53.320 --> 24:58.480] Oh, I was just saying, I'm sure that's going to sting when she, when that comes back around [24:58.480 --> 24:59.480] to bite her. [24:59.480 --> 25:03.560] She's probably not going to like that. [25:03.560 --> 25:11.040] It should start getting interesting since the judge ruled the way she did. [25:11.040 --> 25:19.120] You might take these issues and file a declaratory judgment suit in the district court. [25:19.120 --> 25:30.920] It'll cost you 15 bucks unless you, unless you can do an individual pay, it won't cost [25:30.920 --> 25:32.720] you anything. [25:32.720 --> 25:39.000] But ask the, ask the district court to declare your whites and ask the district court to [25:39.000 --> 25:42.000] rule on it. [25:42.000 --> 25:47.640] What rights do you think I'll have to be asking them to declare? [25:47.640 --> 25:55.960] You have a right to have the judge determine the facts and apply the law to the facts. [25:55.960 --> 26:03.600] So you take the facts and law as the way you have presented them to the court and ask the [26:03.600 --> 26:11.200] district judge to rule on the rights of the parties, rule on how these facts apply to [26:11.200 --> 26:13.280] this law. [26:13.280 --> 26:20.560] You tell them the way that you see it and ask the judge to rule in that circumstance. [26:20.560 --> 26:28.480] Because the judge has totally failed to, the judge hasn't given you any findings, effect [26:28.480 --> 26:34.160] and conclusions of the law, you need to file a motion for that first. [26:34.160 --> 26:41.840] Well I did that and she said denied and I said, I'll stay on what grounds? [26:41.840 --> 26:46.040] And she said, that's my ruling, I'm the judge, that's my ruling. [26:46.040 --> 26:48.040] No, good. [26:48.040 --> 26:55.840] Now we see how that works in front of a grand jury, but also in front of a district judge. [26:55.840 --> 27:01.240] I don't know if this was the intent of declaratory judgment. [27:01.240 --> 27:07.720] But I can't see anything that prevents it and it seems like an elegant remedy. [27:07.720 --> 27:17.680] You're in an inferior court and the court is, they're going to say, well this is not [27:17.680 --> 27:19.880] a court of records, so it's trial to novel. [27:19.880 --> 27:22.800] Oh wait, what court are you in? [27:22.800 --> 27:27.800] No, this was Richardson, they had a little recording going and she was turning it on [27:27.800 --> 27:29.800] and she wanted to. [27:29.800 --> 27:33.520] Wait, say that again? [27:33.520 --> 27:37.800] The judge herself was turning the recording on and off. [27:37.800 --> 27:41.400] There wasn't somebody else doing it, it was her. [27:41.400 --> 27:46.560] Whoa, so could you tell when you, you need to request that recording. [27:46.560 --> 27:49.240] So this is a court of record. [27:49.240 --> 27:50.240] Yes. [27:50.240 --> 27:53.480] So you don't get trial to novel here. [27:53.480 --> 28:00.000] Now you go to the district court for declaratory judgment. [28:00.000 --> 28:07.960] And one of the ones I have to get prepared is a petition for declaratory judgment on [28:07.960 --> 28:17.440] the authority of a municipal police officer to enforce a transportation code. [28:17.440 --> 28:25.440] We make an argument that there are, that the Department of the Highway Patrol, Texas Highway [28:25.440 --> 28:32.520] Patrol was created for the purpose of enforcing the Texas Transportation Code. [28:32.520 --> 28:41.720] And that the Transportation Code has an authorization in code for sheriff's deputies under certain [28:41.720 --> 28:45.160] circumstances to enforce the code. [28:45.160 --> 28:51.680] But there is no general authorization for municipal police officers to enforce the code. [28:51.680 --> 28:59.880] And asked the district court to rule that the Texas Transportation Code contains no [28:59.880 --> 29:07.640] authorization for municipal police officers to enforce the commercial transportation [29:07.640 --> 29:09.720] code. [29:09.720 --> 29:13.680] Give the judge facts and law. [29:13.680 --> 29:18.840] This doesn't go to a specific case. [29:18.840 --> 29:21.800] This is what you ask the municipal court to rule on. [29:21.800 --> 29:23.560] They refused. [29:23.560 --> 29:29.080] So you petition to a court of record for ruling on this issue. [29:29.080 --> 29:34.920] And once you get it, if they're ruling your favor, then that's collateral estoppel or [29:34.920 --> 29:36.240] a residue to conduct. [29:36.240 --> 29:39.560] You bring that back to the court. [29:39.560 --> 29:47.560] And the municipal court won't give you that ruling, right, Emily? [29:47.560 --> 29:50.560] Well, that sounds good. [29:50.560 --> 29:56.800] One of the other issues that I was bringing up before her that she categorically denied [29:56.800 --> 30:05.560] and overruled, I was springing up the issue that the complaint is not a charging instrument. [30:05.560 --> 30:12.080] And they don't have an indictment or information on the record. [30:12.080 --> 30:16.520] And they can't use just the complaint by itself. [30:16.520 --> 30:23.800] I did find somewhere in Code of Criminal Procedures 2.05 says that a complaint can be used on [30:23.800 --> 30:31.320] its own without an information if the county doesn't have any county attorneys and doesn't [30:31.320 --> 30:33.920] have any criminal district courts. [30:33.920 --> 30:40.360] So I asked this judge on the record, I said, Your Honor, are you saying that Dallas County [30:40.360 --> 30:46.160] doesn't have any county attorneys or any criminal district attorneys? [30:46.160 --> 30:49.560] And on the record, she said, Of course they do. [30:49.560 --> 30:56.000] So I said, Well, I'd like you to take judicial notice of this Code of Criminal Procedure [30:56.000 --> 31:01.120] 2.05 that says that's the only situation in which the complaint can be used. [31:01.120 --> 31:05.960] I know the law. [31:05.960 --> 31:10.680] She was pretty strong about that and everything I brought up to her, she said, Well, you can [31:10.680 --> 31:16.920] raise that at trial, you can bring that up for appeal, but we're going to a merits trial. [31:16.920 --> 31:22.520] Your Honor, I've challenged the jurisdiction of the court and I'd really like to see you [31:22.520 --> 31:24.120] prove it up. [31:24.120 --> 31:26.080] I don't have to prove anything. [31:26.080 --> 31:28.800] I'm not going to offer you any proof. [31:28.800 --> 31:35.800] So she was pretty clear about where she stood. [31:35.800 --> 31:53.800] Well, I hear the music coming in. [31:53.800 --> 32:03.240] All right, well, I hope you can pick me up after the break. [32:03.240 --> 32:04.240] I love logos. [32:04.240 --> 32:07.800] Without the shows on this network, I'd be almost as ignorant as my friends. [32:07.800 --> 32:10.440] I'm so addicted to the truth now that there's no going back. [32:10.440 --> 32:11.640] I need my truth spit. [32:11.640 --> 32:16.240] I'd be lost without logos and I really want to help keep this network on the air. [32:16.240 --> 32:20.080] I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I really don't [32:20.080 --> 32:23.440] have any money to give because I spent it all on supplement. [32:23.440 --> 32:24.960] How can I help logos? [32:24.960 --> 32:26.960] Well, I'm glad you asked. [32:26.960 --> 32:31.320] Whenever you order anything from Amazon, you can help logos with ordering your supplies [32:31.320 --> 32:32.320] or holiday gifts. [32:32.320 --> 32:34.520] First thing you do is clear your cookies. [32:34.520 --> 32:40.640] Now, go to LogosRadioNetwork.com, tick on the Amazon logo and bookmark it. [32:40.640 --> 32:46.520] Now, when you order anything from Amazon, you use that link and Logos gets a few pesos. [32:46.520 --> 32:47.520] Do I pay extra? [32:47.520 --> 32:48.520] No. [32:48.520 --> 32:50.320] Do you have to do anything different when I order? [32:50.320 --> 32:51.320] No. [32:51.320 --> 32:52.320] Can I use my Amazon pride? [32:52.320 --> 32:53.320] No. [32:53.320 --> 32:54.320] Then yes. [32:54.320 --> 32:59.000] Wow, giving without doing anything or spending any money, this is perfect. [32:59.000 --> 33:00.000] Thank you so much. [33:00.000 --> 33:01.500] We are Logos. [33:01.500 --> 33:03.720] Happy holidays, Logos. [33:03.720 --> 33:09.040] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits? [33:09.040 --> 33:12.480] Stop debt collectors now with the Michael Mearris Proven Method. [33:12.480 --> 33:16.840] Michael Mearris has won six cases in federal court against debt collectors and now you [33:16.840 --> 33:17.840] can win two. 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[34:00.720 --> 34:10.280] To learn how to stop debt collectors now, this is the Logos, Logos, Radio, Net, Radio, [34:10.280 --> 34:31.660] Net, Radio, Netflix, Uh Uh, uh, nnn Nn [34:31.660 --> 34:32.680] Nn [34:32.680 --> 34:33.500] AM [34:33.500 --> 34:34.500] OK, we are back. [34:34.500 --> 34:37.080] We are in the KELTner Rural Radio and I apologize there before the break, uh, my Internet dropped [34:37.080 --> 34:38.080] out. [34:38.080 --> 34:45.480] everything, but we seem to be back. It looks like the caller boards got flushed. [34:45.480 --> 34:52.400] I've only got one caller on there. Brett, if you're there, can you call back in? [34:52.400 --> 35:00.240] We are back up. I'm gonna go to David in South Dakota. Hello, David. [35:00.240 --> 35:10.440] Well, that's interesting. David, if you're there, I cannot hear you. [35:10.440 --> 35:19.600] Okay. Brett's back up. Let's try Brett and see if it's my caller board. Brett, are you there? [35:19.600 --> 35:28.120] Yeah, this is Brett. I am. Okay. Okay. I was worried. David, I know David, [35:28.120 --> 35:35.280] David's not really in South Dakota, but he's old like me. He probably nodded off. [35:35.280 --> 35:40.480] It looks like he dropped off too. I haven't picked on David in a long time. [35:40.480 --> 35:47.920] Okay, Brett, when I crashed, I was asking you how many filings did you say you had before the court? [35:47.920 --> 35:58.320] I had 99 of them. Perfect. The judges just did not want to mess with it. [35:58.320 --> 36:05.920] In Richardson, Texas, I've dealt with them before, and they are real stinkers. They need a good shaking up. [36:05.920 --> 36:18.720] You might look at making 99 separate criminal affidavits and filing them against this judge. [36:18.720 --> 36:42.600] I'll tell you what. Can you call me Sunday? I'm working on this software and I have the method of building these documents. [36:42.600 --> 36:54.600] I'd like to look at putting together a questionnaire for what went on here and then add documents into the mix. [36:54.600 --> 37:06.600] I have a questionnaire for first appearance, but that's the appearance where you get a ticket and it says you are to appear on or before a certain date. [37:06.600 --> 37:15.600] If the ticket says you're to appear on this day at this time, that's a different hearing. [37:15.600 --> 37:26.600] The owner, before, you're almost always going to go before a clerk because they're not going to have magistrates available all day every day. [37:26.600 --> 37:38.600] The other thing that I objected to is I went to the court and I said I'd like to talk with a magistrate. I was going to ask for an examining trial. [37:38.600 --> 37:45.600] I went to go ask for a magistrate and they told me, well, there's not anybody here. You'll have to come back on Monday. [37:45.600 --> 37:57.600] I had an objection about that, but the court was not available for redress of grievances. I had asked the clerk, well, is somebody just sick right now? [37:57.600 --> 38:06.600] Or is this like, what's going on? Oh, no, she's never here on Fridays. You've got to come only on Monday morning between 8 a.m. and 10 30. [38:06.600 --> 38:18.600] That's the only time when you can do some off-tocket. Okay, off-tocket. Is that the only time I can come and just walk in and talk to a magistrate? [38:18.600 --> 38:28.600] Yes. So then I'll put an objection about that. Not only were they available that day, but they had a pattern of being inaccessible. [38:28.600 --> 38:39.600] This is what we need to get put together. So I'd like to talk to you Sunday and let's see if we can stitch something together here. [38:39.600 --> 38:46.600] I have, I've been working on some pretty good briefs that you can file. [38:46.600 --> 39:03.600] One declaratory judgment issue you definitely want to go for is examining trial. I just finished a motion on that subject that, like Scott said, is actually a brief. [39:03.600 --> 39:25.600] Where I demonstrate that under 543.006, the officer, I'm sorry, backup 543.001 authorizes an officer to arrest someone for a traffic violation, a police officer. [39:25.600 --> 39:36.600] But he must under 543.002, he's required to take the person arrested directly to the nearest magistrate. [39:36.600 --> 39:55.600] Under 1403, Texas Code of Criminal Procedure, a peace officer is authorized to arrest someone for an on-site offense. But under 14.006, he is also required to bring them directly to the nearest magistrate. [39:55.600 --> 40:23.600] Everywhere this is addressed, it's addressed magistrate in, I'm sorry, 1403 tells them to bring them before a magistrate. 1406, I believe, 1406C authorizes the officer to release a person charged with a class C misdemeanor on a signed promise to appear before a magistrate. [40:23.600 --> 40:36.600] 543.006 authorizes the officer to release someone charged with a traffic violation on a promise to appear before a magistrate. [40:36.600 --> 40:53.600] So all four of those, two from the court of criminal procedure, two from the transportation code, all direct them to appear before a magistrate, not a judge, not a prosecutor, not a clerk. [40:53.600 --> 41:18.600] So I have a weather extensive argument on that, Gerstein, Pugh, Heath, Boyd, and a number of others where I go through, I even address 1517 and how 1517 is being used for this registration thing, but it's inappropriate because it only applies to arrest on an existing warrant. [41:18.600 --> 41:31.600] Everything requires also go to the fact that it's claimed that we don't have a right to an examining trial. [41:31.600 --> 41:37.600] And my response to that is so what? What does that have to do with anything? [41:37.600 --> 41:52.600] The case, I want to say clavy somebody, clavy state. She says, I'm not giving you an examining trial. And I said, well, your honor, you're commanded to by statute. [41:52.600 --> 41:57.600] And she said, no, that's her felony only and you're not getting one. [41:57.600 --> 42:04.600] That's why it's a good time to ask the bailiff to arrest the judge. No, it would probably be a bad idea in that court. [42:04.600 --> 42:09.600] And so good, that gets, that'll get official oppression against her. [42:09.600 --> 42:22.600] So, okay, so I've got a good argument on that where the argument goes to subject manager jurisdiction of the trial court. [42:22.600 --> 42:35.600] Under Texas law, the only way the trial court can get subject manager jurisdiction is when a magistrate issues an order under 16.17. [42:35.600 --> 42:39.600] Texas Code of Criminal Procedure, that's an examining trial. [42:39.600 --> 42:46.600] That order must be issued within 48 hours or the defendant has a right to dismissal. [42:46.600 --> 43:04.600] That's what the statute says. When the judge issues the order after the examining trial, Texas Code of Criminal Procedure 17.30 commands the magistrate to seal all documents had in the hearing, [43:04.600 --> 43:12.600] cause her name to be written across the seal of the envelope and forward them to the court of jurisdiction. [43:12.600 --> 43:30.600] The order, the warrant, if you're arrested without a warrant and they find probable cause of 16.20 requires the magistrate to issue a warrant and then forward all that to the clerk of the court of jurisdiction. [43:30.600 --> 43:42.600] That's, that order is what gives the trial court jurisdiction in the case. They don't have one by statute to have a right to dismissal. [43:42.600 --> 43:50.600] I can't find any way to get jurisdiction to the trial court except through an examining trial. [43:50.600 --> 44:03.600] Anyway, I have, I have a little bit more of that to flesh out, but I'm arguing the case that said you don't have a right to an examining trial is, is the, I think it's either clay or a trial. [44:03.600 --> 44:18.600] I think it's clay VUS. It says that what it actually says is that you have a right to an examining trial before indictment in a felony case. [44:18.600 --> 44:34.600] It doesn't address misdemeanor at all. The statute doesn't say 16.01 says you have a right to an examining trial in a felony case before indictment. [44:34.600 --> 44:44.600] So that just tells you when you have the right. In no case does it say you don't have a right to examine trial, you know, in a misdemeanor case. [44:44.600 --> 44:48.600] There, there is some argument on that. Go ahead. [44:48.600 --> 45:05.600] Tell me if I'm wrong. It seems to me they haven't even gotten that far yet though, because all they have is a complaint and the complaint never got presented to a magistrate with probable cause. [45:05.600 --> 45:14.600] Can reality TV make you dumber? New research suggests watching people do stupid things can dumb you down more than you realize. [45:14.600 --> 45:20.600] And Dr. Catherine Albrecht, back with the details on the mind-numbing effects of reality TV in a moment. [45:20.600 --> 45:30.600] Privacy is under attack. When you give up data about yourself, you'll never get it back again. And once your privacy is gone, you'll find your freedoms will start to vanish too. [45:30.600 --> 45:38.600] So protect your rights. Say no to surveillance and keep your information to yourself. Privacy, it's worth hanging on to. [45:38.600 --> 45:48.600] This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage. [45:48.600 --> 46:01.600] 20-somethings drunk in nightclubs, teenage girls having babies with no husbands or money. Catty drama queens sniping at their families. Every night Americans tune into the mindless universe of reality TV. [46:01.600 --> 46:14.600] But does watching such nonsense do more than just entertain us? Researchers in Australia say yes. They had volunteers watch a soccer hooligan get drunk with friends, get into a fight, and spend the whole next day sleeping. [46:14.600 --> 46:20.600] Then they took a knowledge test on an unrelated topic. They scored well below people would not watch the show. [46:20.600 --> 46:25.600] So the next time Jersey Shore comes on, switch it off. Your brain will like you better for it. [46:25.600 --> 46:34.600] Help Dr. Kaepernalbrecht for StartPage.com, the world's most private search engine. [46:34.600 --> 46:46.600] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11. The government says that fire brought it down. However, 1,500 architects and engineers concluded it was a controlled demolition. [46:46.600 --> 46:54.600] Over 6,000 of my fellow service members have given their lives. And thousands of my fellow first responders are dying. I'm not a conspiracy theorist. I'm a structural engineer. [46:54.600 --> 47:01.600] I'm a New York City correction officer. I'm an Air Force pilot. I'm a father who lost his son. We're Americans and we deserve the truth. [47:01.600 --> 47:04.600] Go to RememberBuilding7.org today. [47:32.600 --> 47:42.600] To handle your claim and your roof right the first time, just call 512-992-8745 or go to hillcountryhomeimprovements.com. [47:42.600 --> 47:49.600] Mention the crypto show and get $100 off. And we'll donate another $100 to the Logos Radio Network to help continue this programming. [47:49.600 --> 47:54.600] So if those out-of-town roofers come knocking, your door should be locked in. [47:54.600 --> 48:02.600] Call 512-992-8745 or hillcountryhomeimprovements.com. Discounts are based on full roof replacement. [48:02.600 --> 48:05.600] May not actually be kidding about chemtrails. [48:05.600 --> 48:28.600] Looking for some truth? You found it. LogosRadioNetwork.com. [48:28.600 --> 48:45.600] Okay, we are back. Randy Kelton, rule of law radio on this Friday, the second day of February, 2018, and we're talking to Brett in Texas. [48:45.600 --> 48:54.600] Oh, by the way, our call lines are open. The call in number is 512-646-1984. We'll keep them open all night. [48:54.600 --> 48:58.600] Okay, Brett. [48:58.600 --> 49:00.600] Thank you, Randy. [49:00.600 --> 49:15.600] So when we got cut off, we were talking about, I was saying that the complaint, I'm not sure we've even gotten as far as the right to an examining trial because the complaint was never presented to a magistrate. [49:15.600 --> 49:21.600] It hasn't happened yet. At that point, they need to call me up and say, hey, we're going to have an examining trial, right? [49:21.600 --> 49:24.600] But it hasn't even been presented to them. [49:24.600 --> 49:33.600] Well, actually, the statute requires that you agree to appear before a magistrate. [49:33.600 --> 49:45.600] So there would have to be a provision on the citation, date and time, what they tend to have is on. Go ahead. [49:45.600 --> 50:03.600] If they were to look at the citation, they would see that, back in 2015, they would see that instead of having my signature there, it says under threat, duress and coercion in the place of the signature. [50:03.600 --> 50:04.600] That's what I heard. [50:04.600 --> 50:08.600] Okay, if that'll work. That's your mark. [50:08.600 --> 50:10.600] Okay. [50:10.600 --> 50:18.600] You know, in the fact that it's under coercion, that's been adjudicated. [50:18.600 --> 50:21.600] That was actually voluntary. [50:21.600 --> 50:26.600] And the courts have said, yeah, you're being coerced. [50:26.600 --> 50:35.600] That's the nature that you have the option of going to jail or agreeing to bring yourself before a magistrate. [50:35.600 --> 50:42.600] And yeah, it's coercive. You have to have a reason to file this, but it is your call. [50:42.600 --> 50:46.600] You can suffer being taken to jail if you want to. [50:46.600 --> 50:51.600] Or you can volunteer to sign this document. [50:51.600 --> 50:54.600] So the fact that you had. [50:54.600 --> 50:56.600] Okay. [50:56.600 --> 51:23.600] The court did the police officer that's assuming he was acting within his authority, then that amount of threat was acceptable and everybody I always have a problem when people don't want to sign that promise to appear. [51:23.600 --> 51:28.600] There's been guys out there saying that you do that and you contract with the court. [51:28.600 --> 51:31.600] Yeah, as a matter of fact, you do. [51:31.600 --> 51:36.600] But the contract is limited to your appearance. [51:36.600 --> 51:40.600] In no other way do you contract with the court. [51:40.600 --> 51:53.600] And we have patriot mythologists out there who say if you contract with the court in any way whatsoever, you contract with them for everything. [51:53.600 --> 51:57.600] They can do anything they want to because you signed a contract with them. [51:57.600 --> 52:01.600] That's horse manure. [52:01.600 --> 52:05.600] The extent of the contract is your promise to appear. [52:05.600 --> 52:16.600] Nothing more. You don't grant them jurisdiction. You don't give them anything other than a promise to appear for an examining trial. [52:16.600 --> 52:22.600] When the law commands the officer to take you directly to the nearest magistrate. [52:22.600 --> 52:24.600] That's the alternative. [52:24.600 --> 52:30.600] So I always have an objection to people refusing to sign the ticket to sign the ticket. [52:30.600 --> 52:35.600] Put a mark on it. Put an X on it. Put whatever you want to go on it. [52:35.600 --> 52:37.600] Okay. [52:37.600 --> 52:47.600] They do have a problem with the ticket is because the code does not, the statutory scheme doesn't apply to you. [52:47.600 --> 52:55.600] Did you use my subject matter jurisdiction challenge or did you make, get a different one? [52:55.600 --> 52:58.600] Back in 2015. [52:58.600 --> 53:01.600] Oh, you didn't use mine then. [53:01.600 --> 53:07.600] Did you challenge the sufficiency of the complaint? [53:07.600 --> 53:09.600] Yes, I did. [53:09.600 --> 53:16.600] So all of this is happening now, like since November. [53:16.600 --> 53:21.600] Because I didn't even realize that this was something that Richardson had against me. [53:21.600 --> 53:29.600] This is the one where I was all concerned, man, they haven't worn out for my arrest. I've just found out about this. [53:29.600 --> 53:33.600] And you were telling me, don't worry about it. Just go down there. [53:33.600 --> 53:37.600] You go down there and they will have to recall the warrant because you voluntarily showed up. [53:37.600 --> 53:39.600] And that was such a relief to me. [53:39.600 --> 53:45.600] That was November 17. I went down there and they weren't available. [53:45.600 --> 53:53.600] And I went in there in November 20, talked with the judge and refused to put on her magistrate hat and have an eventing trial. [53:53.600 --> 54:01.600] And she proceeded to ignore and just blow off everything that I presented to her. [54:01.600 --> 54:12.600] And she continued that way, be completely unresponsive, don't care about the law until she said it for trial. [54:12.600 --> 54:15.600] And she decided to have a bench trial and she made the, she decided everything. [54:15.600 --> 54:19.600] I made a plea of the jurisdiction and she said, no, you're going to have a plea of not guilty. [54:19.600 --> 54:25.600] Everything she did, she didn't care about anything until I reached out to the providing regional judge. [54:25.600 --> 54:34.600] And then the providing regional judge made me the trial court judge. [54:34.600 --> 54:43.600] Wait a minute. Hold on. Hold on. Reached out to the providing regional judge. Did you follow a genocide counter complaint? [54:43.600 --> 54:45.600] I did. [54:45.600 --> 54:51.600] Oh, okay. So they, did you, oh, I'm sorry. Did you follow a motion to recuse? [54:51.600 --> 54:53.600] I did. [54:53.600 --> 54:59.600] Okay. That's how, I'm good to how you reached out to the head administrative judge of the district. [54:59.600 --> 55:02.600] I think that's what you're referring to. [55:02.600 --> 55:06.600] Yes. The administrative judicial region. Yes. [55:06.600 --> 55:08.600] Yeah. Yeah. [55:08.600 --> 55:23.600] When you file a, when you file a judicial, I'm sorry, when you file a motion to recuse, the judge is required to send that to the head administrative judge of the district and that that judge rules on the recusal motion. [55:23.600 --> 55:27.600] Okay. That's just for everybody's general knowledge. Okay, go ahead. [55:27.600 --> 55:35.600] Right. It was recusal or disqualification is what I saw in the Texas Rules of Civil Procedure 18A. [55:35.600 --> 55:48.600] But it also said that if it's a motion for recusal, it didn't sound as final. I can't remember the exact wording of it, but disqualify sounded like they can't come back to do something else. [55:48.600 --> 56:00.600] So I went for the disqualification. I moved motion for disqualification. And like you said, she has three days in which to forward it. Well, she didn't. She ignored completely. No, first she denied it. [56:00.600 --> 56:16.600] And she denied the motion for her own disqualification, which I objected to because the law specifically said that she's not to the judge whose disqualification is being sought is not allowed to take any further action. [56:16.600 --> 56:29.600] So then I found a couple notches down there under inside of 18A still rule 18A of the Texas Rules of Civil Procedure. [56:29.600 --> 56:45.600] I found where if the trial judge whose disqualification is being sought does not forward it to the presiding regional judge, then the person who made the motion can notify the presiding regional judge. [56:45.600 --> 56:58.600] So that's what I did. And lo and behold, all of a sudden the trial court judge is going to have a pretrial. And now she's going to hear all of the motions. [56:58.600 --> 57:10.600] But so technically she heard them. She categorically denied everything, overruled everything, didn't want to have anything to do with any of it. And now she's back to rushing to judgment. [57:10.600 --> 57:20.600] Okay, did you file criminal charges against her for not forwarding the motion to recuse to the head administrative judge of the district? [57:20.600 --> 57:22.600] No, I didn't. [57:22.600 --> 57:23.600] Sure needs one. [57:23.600 --> 57:25.600] And for that? [57:25.600 --> 57:34.600] That's kind of dead bang. If a public official fails to perform a duty they're required to perform. [57:34.600 --> 57:40.600] The process denies you to phone free access to a joint right. I read that's a classic misdemeanor. [57:40.600 --> 57:42.600] What it looks like. [57:42.600 --> 58:00.600] I suspect that if we build this questionnaire on what occurred with you, we will come out with 25 or 30 complaints easy criminal complaints. [58:00.600 --> 58:07.600] Undoubtedly this judge, since it's a municipal court, has a bar card. [58:07.600 --> 58:09.600] Yes, she does. [58:09.600 --> 58:15.600] She should get a bar grievance for each criminal complaint. [58:15.600 --> 58:20.600] Won't that shut her down completely? She won't even be able to work anymore? [58:20.600 --> 58:24.600] Almost certainly will. [58:24.600 --> 58:28.600] Well, I'm not trying to do that to her. I just wanted to change your ways and follow the law. [58:28.600 --> 58:37.600] Well, life is tough. You're not the one that committed these acts. She did. [58:37.600 --> 58:44.600] So it's her place to deal with them. Hang on. We're about to go to break. This is Randy Kelton. [58:44.600 --> 58:58.600] Rue de la Radio, our call in number 512-646-1984. We've had a little trouble early in the show. We have things up and working. So if you have a question or comment, give us a call. [58:58.600 --> 59:03.600] We'll have the phone lines open all night. We'll be right back. [59:03.600 --> 59:15.600] Nutritious food is real body armor. It builds muscle, burns fat, improves digestion, and feeds the entire body the nutrients it needs. [59:15.600 --> 59:21.600] Did you know the U.S. government banned the hemp plant from growing in the United States and classified it as a Schedule 1 drug to hide it behind the marijuana plant? [59:21.600 --> 59:26.600] People have been confused about this plant for over 80 years, and many still don't know what hemp is. [59:26.600 --> 59:36.600] Now you know hemp is not marijuana, and marijuana is not hemp. They are different varieties of the same species. 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[01:00:26.600 --> 01:00:31.600] Thousands have won with our step-by-step course, and now you can too. [01:00:31.600 --> 01:00:37.600] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [01:00:37.600 --> 01:00:46.600] Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts. [01:00:46.600 --> 01:00:55.600] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, prosa tactics, and much more. [01:00:55.600 --> 01:00:59.600] Please visit ruleoflawradio.com and click on the banner. [01:00:59.600 --> 01:01:26.600] Or call toll-free 866-LAW-EZ. [01:01:26.600 --> 01:01:35.600] Okay, we are back. Randy Kelton, rule of law radio, and we're talking to Brett in Texas. [01:01:35.600 --> 01:01:41.600] Okay, have you looked at the traffic site lately? [01:01:41.600 --> 01:01:42.600] Criminal complaint. [01:01:42.600 --> 01:01:44.600] Oh, sorry. [01:01:44.600 --> 01:01:48.600] Have you looked at the traffic site lately? [01:01:48.600 --> 01:01:50.600] The traffic site? [01:01:50.600 --> 01:01:54.600] Yeah, traffic ticket dot website. [01:01:54.600 --> 01:01:56.600] Oh, no, I haven't. [01:01:56.600 --> 01:02:03.600] You might go in there and just fill out one of those, there's no charge on it now, I took that off. [01:02:03.600 --> 01:02:09.600] Just fill out the ticket information and have it spit you out a set of documents. [01:02:09.600 --> 01:02:11.600] Have a look at them. [01:02:11.600 --> 01:02:21.600] I have a, in the T-close complaint, inside it is a criminal complaint against the officer for the original stop. [01:02:21.600 --> 01:02:28.600] You might want to file one of those, definitely want to file a T-close complaint against the officer. [01:02:28.600 --> 01:02:37.600] And every place you bar grieve the judge, you should also bar grieve the prosecutor. [01:02:37.600 --> 01:02:50.600] Because under the American Bar Association standards for the prosecutoral function, the prosecutor has a duty to notice the judge when the judge is acting in a way that's not in accordance with the law. [01:02:50.600 --> 01:03:02.600] So each complaint you have against the judge, you can bring back against the prosecutor as well as far as the judicial conduct complaints. [01:03:02.600 --> 01:03:10.600] And if we get together Sunday or even Monday, it may be a problem. [01:03:10.600 --> 01:03:16.600] I've got to go to court Monday and Tuesday and then I'm leaving town Wednesday, so that'll be hard. [01:03:16.600 --> 01:03:29.600] But I would like to get this down and work this out in order, just create a logical order to walk through all of these. [01:03:29.600 --> 01:03:38.600] And I can build the documents and load them up and we build the questionnaire and put it on the traffic site. [01:03:38.600 --> 01:03:52.600] Ask about all of the things that happen to you. You file the motions, you know, the judge did the judge to your knowledge, did the judge read the motion, did the judge rule on each issue in the motion. [01:03:52.600 --> 01:03:57.600] And wherever it says no, it creates a complaint. [01:03:57.600 --> 01:04:00.600] So it'll start automatically producing these complaints. [01:04:00.600 --> 01:04:09.600] And then we have other people that go before the courts and have similar but slightly different problems and we add questions for those problems. [01:04:09.600 --> 01:04:16.600] We'll start building a reservoir of experience and methods to handle it. [01:04:16.600 --> 01:04:21.600] For example, if you say that she did not read it, that needs to generate one kind of complaint. [01:04:21.600 --> 01:04:24.600] But if she did read it, then she's guilty of something else. [01:04:24.600 --> 01:04:29.600] So she needs the criminal complaint for doing the wrong thing after having read it. [01:04:29.600 --> 01:04:34.600] Yeah, and that's going to teach us a way to wipe the documents. [01:04:34.600 --> 01:04:42.600] Because what I'm saying is the judge has to rule on every issue. [01:04:42.600 --> 01:04:46.600] So we address each issue separately. [01:04:46.600 --> 01:05:14.600] And what I'm looking at doing is either in the document itself or I address one issue and do a conclusion and under that put granted, denied and on denial, finding the fact and conclusions at law and put a space in there for the judge to write it in. [01:05:14.600 --> 01:05:18.600] The judge is not going to. [01:05:18.600 --> 01:05:19.600] Right. [01:05:19.600 --> 01:05:25.600] Everyone on the file something like that, they leave it blank or they don't even use my form at all. [01:05:25.600 --> 01:05:26.600] Perfect. [01:05:26.600 --> 01:05:27.600] Leave it blank. [01:05:27.600 --> 01:05:32.600] And then we take that document that the judge failed to rule on this issue. [01:05:32.600 --> 01:05:36.600] That's a official question. [01:05:36.600 --> 01:05:39.600] Each one of them. [01:05:39.600 --> 01:05:45.600] We call it when a judge refuses to prove the jurisdiction of the trial court. [01:05:45.600 --> 01:05:49.600] Sue the judge personally. [01:05:49.600 --> 01:05:54.600] The judge actually said I don't have to. [01:05:54.600 --> 01:05:56.600] Sue personally. [01:05:56.600 --> 01:05:58.600] See how she likes that. [01:05:58.600 --> 01:06:02.600] We need to make that suit up because they're doing this all the time. [01:06:02.600 --> 01:06:16.600] I almost guarantee you, Brett, if we make one up for your case and you file that then every judge in the state of Texas will find out about it. [01:06:16.600 --> 01:06:19.600] Probably the next day. [01:06:19.600 --> 01:06:23.600] That'll stop really fast. [01:06:23.600 --> 01:06:30.600] I had some had someone in Houston and I've had this terrific traffic site up. [01:06:30.600 --> 01:06:37.600] I don't know who all uses it because I don't have the pay function on there and I don't have to compile the documents. [01:06:37.600 --> 01:06:42.600] So you fill in the stuff and you can download the documents immediately. [01:06:42.600 --> 01:06:45.600] And right now the system is not really keeping a record of that. [01:06:45.600 --> 01:06:48.600] So I don't know who all is using it, but not many. [01:06:48.600 --> 01:06:52.600] Because we haven't advertised it at all except here on this show. [01:06:52.600 --> 01:06:54.600] And. [01:06:54.600 --> 01:06:57.600] You can take a look at. [01:06:57.600 --> 01:07:00.600] Wait, say that again. [01:07:00.600 --> 01:07:02.600] The server has access logs. [01:07:02.600 --> 01:07:09.600] You should be able to look at your server and see the access logs and find out if it's not the server or not. [01:07:09.600 --> 01:07:11.600] Yeah, I knew there was a way to go look for it. [01:07:11.600 --> 01:07:16.600] I do have a counter on the page, but it's up to four or 5,000. [01:07:16.600 --> 01:07:21.600] I know that there hadn't been that many people using it, but it really doesn't matter. [01:07:21.600 --> 01:07:26.600] It hadn't been that many relative to the size of the state of Texas. [01:07:26.600 --> 01:07:33.600] I was in near Houston and went in with some men to talk to a lawyer about a traffic ticket. [01:07:33.600 --> 01:07:39.600] And the lawyer told him that somebody's been giving people these subject matter jurisdiction challenges. [01:07:39.600 --> 01:07:42.600] And he said, whips one out, you mean like this? [01:07:42.600 --> 01:07:44.600] Yeah, like that. [01:07:44.600 --> 01:07:48.600] So everybody finds out about these. [01:07:48.600 --> 01:08:06.600] And especially if a guy comes into court and the judge blows them off in the next day, he files a 25 criminal complaints against the judge 25 or 30 bar grievances against the judge. [01:08:06.600 --> 01:08:11.600] They will go berserk. [01:08:11.600 --> 01:08:13.600] How are they going to handle that? [01:08:13.600 --> 01:08:15.600] We start putting. [01:08:15.600 --> 01:08:17.600] Lawyers out of business. [01:08:17.600 --> 01:08:25.600] You'll get to where nobody will be a judge in a municipal court, or they will follow law. [01:08:25.600 --> 01:08:29.600] Yeah, I'm going into the court Highland Park on Tuesday. [01:08:29.600 --> 01:08:32.600] You are first thing I'm good. [01:08:32.600 --> 01:08:40.600] But the first thing I'm going to do is ask them to arrest the prosecutor. [01:08:40.600 --> 01:08:44.600] Hey, Brett, did you ask for discovery? [01:08:44.600 --> 01:08:48.600] I did, and the prosecutor ignored me. [01:08:48.600 --> 01:08:50.600] Oh, good. [01:08:50.600 --> 01:08:52.600] Oh, goody, goody. [01:08:52.600 --> 01:08:56.600] 39.14. [01:08:56.600 --> 01:09:02.600] Texas Code of Criminal Procedure, the Michael Morton Act. [01:09:02.600 --> 01:09:07.600] I was reading it and I found this incredible sentence in there. [01:09:07.600 --> 01:09:18.600] It said that the prosecutor must provide all discovery at least 30 days before trial. [01:09:18.600 --> 01:09:21.600] Mew-ha-ha. [01:09:21.600 --> 01:09:26.600] So never ask the public official to do anything you actually want them to do. [01:09:26.600 --> 01:09:28.600] So you ask for discovery. [01:09:28.600 --> 01:09:32.600] But you don't want them to give you discovery. [01:09:32.600 --> 01:09:43.600] Because 29th of the day before trial, now you can file criminal charges against the prosecutor for failing to perform a duty he is required to perform in the process, [01:09:43.600 --> 01:09:48.600] denied you in the phone-free access to, or enjoyment of a right. [01:09:48.600 --> 01:09:54.600] Does that work for you, Bubba? [01:09:54.600 --> 01:10:01.600] So we need to file against the prosecutor for not providing discovery in accordance with the Michael Morton Act. [01:10:01.600 --> 01:10:05.600] And the prosecutor cannot do shorts. [01:10:05.600 --> 01:10:08.600] Well, the prosecutor doesn't respond to any of the discovery. [01:10:08.600 --> 01:10:17.600] I put in a request for production, and I put in a request for admissions, and I wrote up all these questions, [01:10:17.600 --> 01:10:24.600] and admit or deny, and check any boxes, or even bother to respond at all. [01:10:24.600 --> 01:10:32.600] I put in a motion to the court and says, would you please compel discovery, because the prosecutor is ignoring me. [01:10:32.600 --> 01:10:35.600] And the judge denied that. [01:10:35.600 --> 01:10:37.600] Then I objected to the court. [01:10:37.600 --> 01:10:42.600] Oh, then charge the judge as well. [01:10:42.600 --> 01:10:49.600] Yeah, then I objected to the court denying the defendant discovery. She overruled it. [01:10:49.600 --> 01:11:02.600] Well, good. Then you charge her with official oppression as well for acting in concert and collusion with the prosecutor. [01:11:02.600 --> 01:11:06.600] I mean, how much they're trying to get away with? It blows my mind. [01:11:06.600 --> 01:11:16.600] Yeah, and with the software, the way we've got it, we build a basic complaint. [01:11:16.600 --> 01:11:26.600] And I have it so that when you, when it asks a question and you answer it, it has a statement associated with that answer. [01:11:26.600 --> 01:11:34.600] And it puts that, that statement in a separate document that becomes a statement of facts. [01:11:34.600 --> 01:11:46.600] And the part I don't have yet is we put in the statement for the statement of facts and they'll also build an argument in support. [01:11:46.600 --> 01:11:51.600] You know, sometimes we may have to wait three or four questions. [01:11:51.600 --> 01:11:57.600] Like, did the ticket have a date and time to appear? Yes. [01:11:57.600 --> 01:12:00.600] Did you appear on the date and time on the ticket? Yes. [01:12:00.600 --> 01:12:02.600] Were you directed to a clerk? Yes. [01:12:02.600 --> 01:12:05.600] Did the clerk request a plea? Yes. [01:12:05.600 --> 01:12:07.600] We'll stop right there. [01:12:07.600 --> 01:12:09.600] And then we add an argument. [01:12:09.600 --> 01:12:20.600] And the argument takes all these facts that lead to the fact that the clerk impersonated a public official. [01:12:20.600 --> 01:12:34.600] And the argument, it spits out the complaint and it puts in all the facts and below the facts it puts in the argument in support, fills out the documents. [01:12:34.600 --> 01:12:38.600] So 90% of the work is already done. [01:12:38.600 --> 01:12:50.600] The hardest part is writing the argument in support for each one. We drop them in the software and the software will literally create the whole document, including the arguments. [01:12:50.600 --> 01:12:57.600] I haven't gotten to conclusion and prayer yet, but those would be easy enough to stage in there. [01:12:57.600 --> 01:13:05.600] We really will have a complete electronic lawyer. [01:13:05.600 --> 01:13:10.600] Okay. [01:13:10.600 --> 01:13:16.600] When we come back, I'd like to kind of walk down through these kind of an order. [01:13:16.600 --> 01:13:26.600] So we get an idea how to start lining these out because a lot of times the order in which they happen means a lot because it allows us to connect two different parties. [01:13:26.600 --> 01:13:29.600] Now prosecutor and the judge together. [01:13:29.600 --> 01:13:38.600] Hang on about to go to break Randy Kelton rule of law radio or call in number 5126461984. [01:13:38.600 --> 01:13:43.600] We've got the call lines open. We have space on the board. I've got one more caller. [01:13:43.600 --> 01:13:53.600] We have two or three lines open. So we have a question or comment. Give us a call. We'll be right back. [01:13:53.600 --> 01:14:01.600] The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it. [01:14:01.600 --> 01:14:09.600] Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the scripture. 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