[00:00.000 --> 00:05.860]  The following newsflash is brought to you by The Low Star Blowdown, providing the daily
[00:05.860 --> 00:13.500]  bulletins for the commodities market, today's history, news updates, and the inside scoop
[00:13.500 --> 00:21.300]  into the tides of the alternative.
[00:21.300 --> 00:27.500]  Markets for Wednesday, the 6th of February, 2019, open with gold at $1,313.70 an ounce,
[00:27.500 --> 00:35.500]  silver $15.77 an ounce, copper $2.83 an ounce, oil Texas crude $3.66 a barrel, brand crude
[00:35.500 --> 00:43.500]  $61.98 a barrel, and cryptos in order of market capitalization, Bitcoin $3,401.64, Ripple
[00:43.500 --> 00:51.500]  XRP $0.29, Ethereum $10.10, and EOS is at $2.32 a crypto coin.
[00:51.500 --> 00:59.500]  Today in History, the year 1918, British women over the age of 30 who meet minimum property
[00:59.500 --> 01:04.500]  qualifications get the right to vote when the representation of the People Act of 1918
[01:04.500 --> 01:09.500]  was passed by Parliament.
[01:09.500 --> 01:14.500]  In recent news, several Texas-based organizations filed a lawsuit today requesting that a federal
[01:14.500 --> 01:19.500]  court stop the state from flagging about 95,000 people as potentially illegally registered
[01:19.500 --> 01:20.500]  to vote.
[01:20.500 --> 01:24.500]  The list was compiled after an 11-month long investigation by the Office of the Texas
[01:24.500 --> 01:28.500]  Secretary of State and the Texas Department of Public Safety, which sought to identify
[01:28.500 --> 01:33.500]  non-U.S. citizens who were registered to vote when obtaining major arbitrage license.
[01:33.500 --> 01:37.500]  Over half of the 95,000 did indeed vote, it seems.
[01:37.500 --> 01:41.500]  However, further controversy was raised when it became clear that some of the names were
[01:41.500 --> 01:45.500]  not in fact belonging to those who were non-citizens and registered.
[01:45.500 --> 01:50.500]  Apparently, around 25% of all Latino immigrants become naturalized, gaining the right to vote.
[01:50.500 --> 01:55.500]  Registered voters who receive letters querying their citizenship have 30 days to respond
[01:55.500 --> 01:57.500]  with proof of eligibility.
[01:57.500 --> 02:01.500]  Texas Attorney General Ken Paxton and David Whitley, the Texas Secretary of State, have
[02:01.500 --> 02:08.500]  yet to officially comment regarding this list and any updates pertaining to it.
[02:08.500 --> 02:14.500]  A Texas man of only 24 years old, William Brown, died from a severed artery in his neck after
[02:14.500 --> 02:16.500]  a vape pen exploded while he was using it.
[02:16.500 --> 02:20.500]  It apparently happened in the parking lot of the vape shop where he got it.
[02:20.500 --> 02:24.500]  An X-ray revealed that a piece of metal was embedded in his brainstem.
[02:24.500 --> 02:30.500]  The vape store, Smoke and Vape DZ, has refused to comment.
[02:30.500 --> 02:35.500]  First edition anchorwoman, Kristen Diaz, interviewed Aislin Campbell, the executive director of
[02:35.500 --> 02:40.500]  Grow Local, South Texas, concerning the upcoming Texas Organic Farmers and Gardeners Association
[02:40.500 --> 02:45.500]  conference, which will be taking place at the Corpus Christi Omni Hotel from February 14th
[02:45.500 --> 02:47.500]  to 16th, 6 to 9 p.m.
[02:47.500 --> 02:52.500]  You can find the interview at kiitv.com.
[02:52.500 --> 03:00.500]  This was Rick Rode with your lowdown for February 6th, 2019.
[03:00.500 --> 03:10.500]  Thank you for watching.
[03:30.500 --> 03:38.500]  Okay, howdy, howdy, Randy Kelton.
[03:38.500 --> 03:47.500]  Brett Fountain, root of law radio on this Friday, the 14th day of June, 2019.
[03:47.500 --> 03:53.500]  I apologize about last night, but that just wasn't doing well.
[03:53.500 --> 03:56.500]  Doing better today.
[03:56.500 --> 04:04.500]  I started to show off talking about something that sometimes old stuff comes back.
[04:04.500 --> 04:14.500]  I had an experience with a local prosecutor that bothered me more than I realized.
[04:14.500 --> 04:21.500]  I filed some criminal charges against a sheriff's deputy here in Wheatley County.
[04:21.500 --> 04:27.500]  And because he touched me, I've talked about this on the show before, and I kind of set
[04:27.500 --> 04:28.500]  him up for it.
[04:28.500 --> 04:35.500]  I played him and he was one of these guys who wasn't in control of himself.
[04:35.500 --> 04:39.500]  And I used that against him, got him to do something ignorant, got him to touch me while
[04:39.500 --> 04:44.500]  he had a pistol on, so I filed criminal charges against him.
[04:44.500 --> 04:53.500]  And the judge suggested that I give these complaints to a prosecuting attorney.
[04:53.500 --> 05:01.500]  And so I gave part of them to the prosecutor through his investigator.
[05:01.500 --> 05:08.500]  And after the grand jury met, I checked to see if these complaints showed up and they
[05:08.500 --> 05:10.500]  didn't, so I went by the prosecutor's office.
[05:10.500 --> 05:14.500]  And he happened to be sitting in the outer office right by the door.
[05:14.500 --> 05:18.500]  And I talked to him about this, and he said he didn't know anything about him.
[05:18.500 --> 05:27.500]  He was typically arrogant and flippant with me as prosecutors tend to be.
[05:27.500 --> 05:34.500]  And I'm used to that, I expect that, but this one bothered me more than most.
[05:34.500 --> 05:41.500]  Because as I was standing talking to the prosecutor who was sitting down right next to the door,
[05:41.500 --> 05:49.500]  I was standing at the door and looking out across the street at the courthouse.
[05:49.500 --> 06:00.500]  And on the corner of a courthouse is a monument to veterans who died in various wars.
[06:00.500 --> 06:10.500]  And in the have a Vietnam section, and I told the prosecutor when he said that if I gave him,
[06:10.500 --> 06:16.500]  if he got these complaints, he wouldn't do anything with them.
[06:16.500 --> 06:21.500]  And I was standing looking at that monument and told the prosecutor,
[06:21.500 --> 06:28.500]  when you get time, you might go across and look at that monument across the street.
[06:28.500 --> 06:36.500]  You might look at the section on Vietnam at the last name on that section.
[06:36.500 --> 06:42.500]  You'll find that name very similar to mine.
[06:42.500 --> 06:46.500]  And he's similar to mine because it was my brother.
[06:46.500 --> 06:49.500]  It was my twin brother.
[06:49.500 --> 06:59.500]  The last thing he said to me before the morphine and the gangrene took his mind away,
[06:59.500 --> 07:10.500]  the last intelligible thing besides asking me to, begging me to have the doctors turn the machines off and just let him die,
[07:10.500 --> 07:15.500]  was he was looking across the hall at a VC they were taking care of.
[07:15.500 --> 07:20.500]  And this was at the 91st field of that hospital July.
[07:20.500 --> 07:28.500]  If anybody here has ever seen the program China Beach, it was intended to be a Vietnam area mash.
[07:28.500 --> 07:30.500]  It didn't last very long.
[07:30.500 --> 07:37.500]  But the first time it came on, they showed this coincid hut with two doors.
[07:37.500 --> 07:41.500]  The bottom half was metal. The top half was plexiglass.
[07:41.500 --> 07:45.500]  One side was green. The other side was white, was clear.
[07:45.500 --> 07:49.500]  Both of them you can see through, but one is painted green.
[07:49.500 --> 07:55.500]  And when it first came on and I saw those two doors, I said, holy mackerel,
[07:55.500 --> 08:03.500]  whoever set up this set had been there.
[08:03.500 --> 08:11.500]  The ticker across the bottom of the screen came across and said 291st field of that hospital, Da Nang.
[08:11.500 --> 08:17.500]  It was not Da Nang. It was July, 19 miles south of Da Nang.
[08:17.500 --> 08:20.500]  And it was a most incredible spot.
[08:20.500 --> 08:27.500]  It's set on a slight peninsula that jutted out into the South China Sea.
[08:27.500 --> 08:33.500]  And the backside of this little peninsula was about a 50 foot half circle.
[08:33.500 --> 08:36.500]  And that's where the helicopter pads set.
[08:36.500 --> 08:43.500]  You could walk up to the edge and it was straight down about 50 feet into the ocean.
[08:43.500 --> 08:50.500]  Incredible view of the ocean and off to one side there were these huge boulders about 12 foot in diameter.
[08:50.500 --> 08:58.500]  Just half of them were sticking up out of the water and they were completely circular from the waves,
[08:58.500 --> 09:00.500]  washing them for such a long time.
[09:00.500 --> 09:04.500]  And they all had what looked like about an inch of moss sitting on them.
[09:04.500 --> 09:08.500]  And to go to the cell hall, we went through this building.
[09:08.500 --> 09:15.500]  It came out on a walkway that was about 50 feet above the water and you're looking out across at these boulders.
[09:15.500 --> 09:24.500]  And on each one of them, a Vietnamese guy was sitting with one of those little round pointy hats with a fishing pole.
[09:24.500 --> 09:31.500]  About two miles off the coast, there was an island that the military used to drop ordnance.
[09:31.500 --> 09:36.500]  They didn't like to land with ordnance on board after they'd been in combat
[09:36.500 --> 09:39.500]  because you don't know what condition that ordnance is in.
[09:39.500 --> 09:42.500]  So they dropped it out here on this island.
[09:42.500 --> 09:51.500]  And I remember standing on that walkway looking out at these guys sitting squatted on these boulders fishing.
[09:51.500 --> 09:56.500]  And it was the most beautiful serene scene.
[09:56.500 --> 10:01.500]  The South China Sea is not blue, it's a light pastel green.
[10:01.500 --> 10:05.500]  And these boulders covered with a deep dark green moss.
[10:05.500 --> 10:07.500]  It was beautiful.
[10:07.500 --> 10:10.500]  And then you'd feel the ground rumble.
[10:10.500 --> 10:15.500]  And waves would trickle out from each of these boulders.
[10:15.500 --> 10:20.500]  It was such a study in contrast.
[10:20.500 --> 10:29.500]  Well, back to my brother, he's looking at his VC across the way that they're taking care of it.
[10:29.500 --> 10:32.500]  He said, you know, they're going to win this war.
[10:32.500 --> 10:35.500]  And I said, why do you say that?
[10:35.500 --> 10:38.500]  Oh, well, they're the good guys.
[10:38.500 --> 10:41.500]  We should never have been here.
[10:41.500 --> 10:46.500]  And in my later studies, I found he was right.
[10:46.500 --> 10:50.500]  The Vietnamese were fighting for their independence.
[10:50.500 --> 10:56.500]  Communism, socialism, fascism, all those isms made no difference.
[10:56.500 --> 11:00.500]  First, they were freedom fighters.
[11:00.500 --> 11:03.500]  That's why we couldn't beat them.
[11:03.500 --> 11:06.500]  We would never beat them.
[11:06.500 --> 11:10.500]  We should have learned from Genghis Khan.
[11:10.500 --> 11:13.500]  They beat Genghis Khan.
[11:13.500 --> 11:19.500]  The only time he was defeated is when he attacked Vietnam.
[11:19.500 --> 11:31.500]  They used against us the same book they used to stop Genghis Khan and his Mongol horde.
[11:31.500 --> 11:35.500]  My brother died thinking he was the bad guy.
[11:35.500 --> 11:38.500]  And he was right.
[11:38.500 --> 11:43.500]  So I'm a little bit PO'd.
[11:43.500 --> 11:45.500]  Sometimes it bothers me more than others.
[11:45.500 --> 11:50.500]  And in this case, I was looking across at that monument.
[11:50.500 --> 11:59.500]  And suggested the next time he walks across the courthouse lawn, he might go have a look at it.
[11:59.500 --> 12:10.500]  And they'll see the name of my twin brother who gave up his life for these rights that you so flippantly are prepared to toss into trash.
[12:10.500 --> 12:15.500]  Because he told me if he got the criminal complaints I had against this officer,
[12:15.500 --> 12:19.500]  he would aggravate assault if he would do nothing with him.
[12:19.500 --> 12:25.500]  He and I told him that since you have declared you will do nothing with him,
[12:25.500 --> 12:30.500]  I will see if I can't give you that opportunity.
[12:30.500 --> 12:32.500]  And I did.
[12:32.500 --> 12:39.500]  I went to the judge and the judge agreed to give my complaints to the prosecutor.
[12:39.500 --> 12:47.500]  And, you know, all that worked out well for me, but somehow it just didn't leave me.
[12:47.500 --> 12:55.500]  Standing looking at that monument with his name on it and having one of my public officials,
[12:55.500 --> 13:06.500]  prepared to completely disenfranchise me from these rights we paid so heavy for.
[13:06.500 --> 13:10.500]  Wonder why I keep doing this.
[13:10.500 --> 13:18.500]  My mother is concerned that I'm taking on these officials. She said, you never know what they might do to you.
[13:18.500 --> 13:29.500]  What on earth could they threaten me with that does not pale into insignificance?
[13:29.500 --> 13:33.500]  My brother gave up everything.
[13:33.500 --> 13:35.500]  I've had a life.
[13:35.500 --> 13:42.500]  My children, my children are grown. They're well grown. My son just got his PhD there.
[13:42.500 --> 13:51.500]  I have fulfilled my contract with life. There is nothing they can threaten me with that doesn't pale into insignificance.
[13:51.500 --> 13:57.500]  And I understand why a lot of people don't want to take up this fight.
[13:57.500 --> 14:03.500]  But most people don't have the debt to pay that I do.
[14:03.500 --> 14:09.500]  And I guess I should apologize for going here. I don't go to this place often.
[14:09.500 --> 14:22.500]  It's just sometimes, sometimes when I get, have people thank me for my service.
[14:22.500 --> 14:27.500]  Especially two days ago, someone asked me if I was a veteran.
[14:27.500 --> 14:35.500]  I said yes, I was. They thanked me for my service. And every time someone does that, I just bristle.
[14:35.500 --> 14:40.500]  50 years ago, I could have used that.
[14:40.500 --> 14:46.500]  This far down the road, all it does is annoy me.
[14:46.500 --> 14:51.500]  It made me more determined to finish this fight. And I will finish this fight.
[14:51.500 --> 14:55.500]  We are making great progress.
[14:55.500 --> 15:02.500]  We may be able to launch our SEC site here very soon.
[15:02.500 --> 15:09.500]  I just got one primary tool finished up and on the web so that I can start demonstrating it.
[15:09.500 --> 15:12.500]  So good things should start happening here very soon.
[15:12.500 --> 15:22.500]  And I'm so distracted that I did not notice that the call boards are not turned on.
[15:22.500 --> 15:31.500]  So if you will bear with me, I'm having to run the board myself because I don't have a producer.
[15:31.500 --> 15:43.500]  I'm trying to figure out how to turn the call boards back on. I will certainly try to have them on by the next, after the next break.
[15:43.500 --> 15:50.500]  Could you guys hear that beeping? I'm sorry. I'm working another board that should be turned on the call board.
[15:50.500 --> 15:54.500]  Okay.
[15:54.500 --> 16:04.500]  That said, connect to the call bridge, connect to the cast bridge.
[16:04.500 --> 16:10.500]  Okay, this could be a problem that does not seem to be connecting.
[16:10.500 --> 16:13.500]  Brad, can you hear me?
[16:13.500 --> 16:17.500]  Okay, mind is not refreshing. Good, okay.
[16:17.500 --> 16:20.500]  Oh yeah, there we go. Both of them are up. Okay.
[16:20.500 --> 16:24.500]  Now I'm turning the call, turning the boards on.
[16:24.500 --> 16:30.500]  The call lines are open. 512-646-1984. Give us a call.
[16:30.500 --> 16:36.500]  And I apologize for using everybody to exercise my demons.
[16:36.500 --> 16:40.500]  If you're offended or frustrated by it, I apologize.
[16:40.500 --> 16:45.500]  I've been doing this show a long time. I don't get in this position often.
[16:45.500 --> 16:48.500]  We'll be right back.
[17:15.500 --> 17:22.500]  We'll be right back.
[17:45.500 --> 18:05.500]  Are you being harassed by debt collectors with phone calls, letters, or even losses?
[18:05.500 --> 18:09.500]  Stop debt collectors now with the Michael Mears proven method.
[18:09.500 --> 18:14.500]  Michael Mears has won six cases in federal court against debt collectors, and now you can win two.
[18:14.500 --> 18:20.500]  You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statute.
[18:20.500 --> 18:24.500]  What to do when contacted by phones, mail, or court summons?
[18:24.500 --> 18:26.500]  How to answer letters and phone calls?
[18:26.500 --> 18:29.500]  How to get debt collectors out of your credit report?
[18:29.500 --> 18:33.500]  How to turn the financial tables on them and make them pay you to go away?
[18:33.500 --> 18:38.500]  The Michael Mears proven method is the solution for how to stop debt collectors.
[18:38.500 --> 18:41.500]  Personal consultation is available as well.
[18:41.500 --> 18:46.500]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[18:46.500 --> 18:49.500]  or email MichaelMears at yahoo.com.
[18:49.500 --> 18:57.500]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[18:57.500 --> 19:11.500]  to learn how to stop debt collectors next.
[19:27.500 --> 19:37.500]  This too justice, yeah, whoa,
[19:37.500 --> 19:40.500]  The world is standing like it's out of control
[19:40.500 --> 19:44.500]  On the edge of a hole inside a deep dark bowl
[19:44.500 --> 19:50.500]  I'm always on the lookout for something that suits my style
[19:50.500 --> 19:55.500]  And so I sit back and I watch the ever-dead sun fall
[19:55.500 --> 20:01.500]  And I see justice is the goal
[20:01.500 --> 20:09.500]  Yeah, justice is the goal
[20:09.500 --> 20:12.500]  Sometimes we sell a little too far at sea
[20:12.500 --> 20:15.500]  And then we got to get back on course with me
[20:15.500 --> 20:18.500]  So we go on with our heavy advisory
[20:18.500 --> 20:22.500]  From the man that came all the way from Galilee
[20:22.500 --> 20:25.500]  I'll put you all to safe and warm place to be
[20:25.500 --> 20:28.500]  Well, I don't have to work so hard to be free
[20:28.500 --> 20:31.500]  Some guys are trying to rewrite history
[20:31.500 --> 20:33.500]  But they got caught
[20:33.500 --> 20:37.500]  Now them guys got to flee, it looks like justice
[20:37.500 --> 20:42.500]  Okay, we are back, Randy Kelton, rule of law radio
[20:42.500 --> 20:44.500]  And call lines are open
[20:44.500 --> 20:47.500]  Going to Tim in Texas
[20:47.500 --> 20:49.500]  Hello, Tim
[20:49.500 --> 20:51.500]  Hello, sir
[20:51.500 --> 20:54.500]  What do you have for us today?
[20:54.500 --> 20:59.500]  Well, you know, you were very passionate about what you had to say
[20:59.500 --> 21:04.500]  So, you know, it was good
[21:04.500 --> 21:08.500]  I'm still uncomfortable, it's only been 50 years
[21:08.500 --> 21:11.500]  I guess a lot of vets are that way
[21:11.500 --> 21:15.500]  They're uncomfortable going back there
[21:15.500 --> 21:19.500]  I was most shaken coming through Clarksville, Tennessee
[21:19.500 --> 21:21.500]  And went into this store
[21:21.500 --> 21:25.500]  And there was a big banner up there for Screaming Eagles
[21:25.500 --> 21:31.500]  Before the show, I was talking to Brett about a place I was once
[21:31.500 --> 21:34.500]  And the Screaming Eagles got us out
[21:34.500 --> 21:39.500]  We were sure that we were going to die in this place
[21:39.500 --> 21:43.500]  And 101st Airborne came in
[21:43.500 --> 21:48.500]  Through just blistering fire
[21:48.500 --> 21:50.500]  And got us out
[21:50.500 --> 21:53.500]  Well, they didn't get us out, they suppressed the fire
[21:53.500 --> 21:57.500]  And of all things, Air America got us out in the helicopter
[21:57.500 --> 22:01.500]  Two guys in a contract helicopter for Air America
[22:01.500 --> 22:06.500]  Came in and got us out while the 101st suppressed the fire
[22:06.500 --> 22:09.500]  But something brought that back recently
[22:09.500 --> 22:14.500]  And this is one of those things that's kind of got me struggling
[22:14.500 --> 22:19.500]  I looked up, my dad was a merchant marine in World War II
[22:19.500 --> 22:22.500]  And they suffered more casualties than anybody
[22:22.500 --> 22:27.500]  One out of 26 of them died at sea
[22:27.500 --> 22:30.500]  Yeah, I would not have been a merchant marine
[22:30.500 --> 22:32.500]  You're sitting and talking out there
[22:32.500 --> 22:35.500]  All these submarines are out there to shoot you
[22:35.500 --> 22:40.500]  They don't care about other combatants, they want to shoot you
[22:40.500 --> 22:42.500]  Because you're bringing supplies
[22:42.500 --> 22:47.500]  Well, also he had a little brother
[22:47.500 --> 22:49.500]  That was in the merchant marines
[22:49.500 --> 22:52.500]  And one was on the Atlantic and the other one was Pacific
[22:52.500 --> 22:53.500]  And I don't know which one was which
[22:53.500 --> 22:56.500]  But there's a photograph that they sent to their mother
[22:56.500 --> 23:00.500]  And then both with the biggest smiles on their face
[23:00.500 --> 23:03.500]  And their arms around one another posing for the photograph
[23:03.500 --> 23:09.500]  And what it was, is one was coming to get back on the ship
[23:09.500 --> 23:13.500]  And one was getting off the ship and they bumped into one another
[23:13.500 --> 23:17.500]  At the Panama Canal
[23:17.500 --> 23:18.500]  That's all I mean
[23:18.500 --> 23:20.500]  Well, that is real odd
[23:20.500 --> 23:23.500]  And they sent that photo, it's a 4x8
[23:23.500 --> 23:25.500]  They sent that back to their mother
[23:25.500 --> 23:27.500]  Saying, hey, we're okay
[23:27.500 --> 23:29.500]  World War II
[23:29.500 --> 23:31.500]  World War II
[23:31.500 --> 23:34.500]  Yeah
[23:34.500 --> 23:36.500]  Okay, combat those things to people
[23:36.500 --> 23:39.500]  Even if you're not directly in the combat
[23:39.500 --> 23:40.500]  Right
[23:40.500 --> 23:44.500]  You're in a position to where every move you make can get you killed
[23:44.500 --> 23:48.500]  There are people who go and don't actually get in the combat
[23:48.500 --> 23:51.500]  You have people who do other things
[23:51.500 --> 23:55.500]  Administrative and mechanics
[23:55.500 --> 24:04.500]  But we're all in a position to where today may be the last day
[24:04.500 --> 24:08.500]  And over time it does things to you
[24:08.500 --> 24:12.500]  I was at the airport and this woman was seeing her son off
[24:12.500 --> 24:14.500]  He was going to Iraq
[24:14.500 --> 24:17.500]  And they've got signs congratulating him
[24:17.500 --> 24:19.500]  There's a whole bunch of people there
[24:19.500 --> 24:23.500]  And they're celebrating him going to Iraq
[24:23.500 --> 24:28.500]  And she was saying she wound up standing next to me
[24:28.500 --> 24:31.500]  And after he got on the plane and they closed the doors
[24:31.500 --> 24:37.500]  I turned to her and I said, remember who just got on that airplane
[24:37.500 --> 24:41.500]  Because if your son comes back
[24:41.500 --> 24:44.500]  It won't be the person that got on that airplane
[24:44.500 --> 24:45.500]  Right
[24:45.500 --> 24:49.500]  Remember how you feel right now
[24:49.500 --> 24:54.500]  Because when he comes back he's going to need you to remember that
[24:54.500 --> 24:55.500]  Yeah
[24:55.500 --> 24:58.500]  He's going to need all the patience you can develop
[24:58.500 --> 25:05.500]  I came back from Vietnam and something was horribly wrong
[25:05.500 --> 25:08.500]  I didn't know what it was
[25:08.500 --> 25:12.500]  All the people were the same and the places were the same
[25:12.500 --> 25:19.500]  But I couldn't get past this feeling that something was just wrong
[25:19.500 --> 25:24.500]  At the time I didn't realize it but I was addicted to adrenaline
[25:24.500 --> 25:30.500]  When you're in that position you're always, adrenaline is always pumping
[25:30.500 --> 25:32.500]  Because you never know where it's going to come from
[25:32.500 --> 25:36.500]  You never know when you're going to have to duck and rise
[25:36.500 --> 25:38.500]  So you're always going to adrenaline pumping
[25:38.500 --> 25:43.500]  And adrenaline may be the worst of all addictions
[25:43.500 --> 25:48.500]  When I come back I did stuff that should have gotten killed
[25:48.500 --> 25:51.500]  I just missed it
[25:51.500 --> 25:55.500]  I tell about being shot off a Jeep
[25:55.500 --> 26:00.500]  I stood on that Jeep and essentially dared them to shoot me off of it
[26:00.500 --> 26:05.500]  We were spotting incoming and they accommodated me
[26:05.500 --> 26:09.500]  But it was the most exciting experience
[26:09.500 --> 26:13.500]  The fire and the exhilarations like nothing else
[26:13.500 --> 26:19.500]  I came back and it's all gone
[26:19.500 --> 26:21.500]  And something's wrong
[26:21.500 --> 26:23.500]  I was home for six months
[26:23.500 --> 26:26.500]  And one day I went in to work, packed up my toolbox
[26:26.500 --> 26:28.500]  Come home, packed up some clothes
[26:28.500 --> 26:31.500]  I was in Chicago, headed south
[26:31.500 --> 26:38.500]  When I got to Key West I was frustrated that I had ran out of road
[26:38.500 --> 26:43.500]  I didn't feel like I was far enough away
[26:43.500 --> 26:50.500]  And it wasn't until my mother got critically ill almost 50 years later that I could ever come home
[26:50.500 --> 26:55.500]  Coming to take care of my mom was a great thing for me
[26:55.500 --> 27:00.500]  Because I finally got to reconnect with my family
[27:00.500 --> 27:05.500]  These people that come back from combat, they're changed
[27:05.500 --> 27:09.500]  They're changed in ways they don't understand
[27:09.500 --> 27:12.500]  And they need our patience
[27:12.500 --> 27:17.500]  Okay, enough down the stuff
[27:17.500 --> 27:18.500]  Right
[27:18.500 --> 27:27.500]  Well, Laura said that you had looked at the brief, I guess it was 33 pages or so
[27:27.500 --> 27:31.500]  Yes, that was a piece of garbage
[27:31.500 --> 27:45.500]  I read a brief by an ICO company that spent $5 million on legal fees and dared the SEC to sue them
[27:45.500 --> 27:48.500]  I sent him an email and said, you out of your mind?
[27:48.500 --> 27:51.500]  Don't let them sue you, you sue them
[27:51.500 --> 27:56.500]  Well, they sued them
[27:56.500 --> 28:01.500]  Why'd I go there? I lost my direction
[28:01.500 --> 28:05.500]  I don't know, you were talking about my document, my brief
[28:05.500 --> 28:11.500]  Oh, yeah, I read there, they received a request for a will's notice
[28:11.500 --> 28:16.500]  They're saying, we think you're screwing up, tell us why we shouldn't come after you
[28:16.500 --> 28:27.500]  And the one thing the SEC claimed against them is that the owner told people this token was a security
[28:27.500 --> 28:30.500]  And they're forbidden to do that
[28:30.500 --> 28:36.500]  These guys that charged them $5 million wrote an answer and they argued everything
[28:36.500 --> 28:44.500]  Except whether or not the owner told potential investors it was a security
[28:44.500 --> 28:47.500]  They didn't touch it
[28:47.500 --> 28:59.500]  In your appeal, you appealed the jurisdiction of the district court to render a ruling on the city's charges against you
[28:59.500 --> 29:04.500]  These guys addressed everything but that
[29:04.500 --> 29:07.500]  Not a word about that
[29:07.500 --> 29:12.500]  When you say charges, are you talking about criminal charges?
[29:12.500 --> 29:17.500]  No, I'm talking about what the court ruled
[29:17.500 --> 29:22.500]  The court of appeals has already ruled that the city did not have jurisdiction
[29:22.500 --> 29:26.500]  Our pleading claimed that the city did not have jurisdiction
[29:26.500 --> 29:30.500]  And the court dismissed our pleading with prejudice
[29:30.500 --> 29:33.500]  We're asking the appeals court to overturn that dismissal
[29:33.500 --> 29:36.500]  And this appeal doesn't even address that
[29:36.500 --> 29:39.500]  It's because they can't
[29:39.500 --> 29:43.500]  There is no argument that they've got, so we addressed everything else
[29:43.500 --> 29:48.500]  So that's why I said, don't address it, let it be
[29:48.500 --> 29:55.500]  Now, I'm going to see if I can take us off the air to make sure this thing works
[29:55.500 --> 29:58.500]  We're about to go to the brink, we'll be right back
[30:02.500 --> 30:08.500]  Thousands of Florida motorists convicted of DUI may very well have been driving under the blood alcohol image
[30:08.500 --> 30:14.500]  I'm Dr. Catherine Albrecht and I'll be back with a tale of bad breathalysers and a government cover-up in a moment
[30:39.500 --> 30:47.500]  Ever hear the term fine farming? It's when cops find innocent people to bring in revenue
[30:47.500 --> 30:51.500]  And it's apparently big business in the Sunshine State of Florida
[30:51.500 --> 30:57.500]  This case involves breathalysers used to convict thousands of Florida motorists for DUI violations
[30:57.500 --> 31:01.500]  Recently, reporters discovered that the devices were improperly calibrated
[31:01.500 --> 31:05.500]  State officials knew about it for two and a half years, but did nothing
[31:05.500 --> 31:11.500]  In fact, the head of Florida's breath testing program ordered inspectors not to document the problem
[31:11.500 --> 31:16.500]  A DUI conviction can ruin somebody's life, but now that the cover-up has been exposed
[31:16.500 --> 31:19.500]  Perhaps Florida drivers can breathe a bit easier
[31:19.500 --> 31:24.500]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com
[31:24.500 --> 31:30.500]  I lost my son
[31:30.500 --> 31:35.500]  I lost my son
[31:35.500 --> 31:38.500]  Most people don't know that a third tower fell on September 11
[31:38.500 --> 31:42.500]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane
[31:42.500 --> 31:46.500]  Although the official explanation is that fire brought down Building 7
[31:46.500 --> 31:50.500]  Over 1,200 architects and engineers have looked into the evidence
[31:50.500 --> 31:52.500]  And believed there is more to the story
[31:52.500 --> 31:55.500]  Bring justice to my son
[31:55.500 --> 32:00.500]  Go to buildingwatch.org
[32:00.500 --> 32:02.500]  Hey, it's Danny here for Hill Country Home Improvements
[32:02.500 --> 32:05.500]  Did your home receive hail or wind damage from the recent storms?
[32:05.500 --> 32:08.500]  Come on, we all know the government caused it with their chemtrails
[32:08.500 --> 32:10.500]  But good luck getting them to pay for it
[32:10.500 --> 32:12.500]  Okay, I might be kidding about the chemtrails
[32:12.500 --> 32:13.500]  But I'm serious about your roof
[32:13.500 --> 32:15.500]  That's why you have insurance
[32:15.500 --> 32:20.500]  And Hill Country Home Improvements can handle the claim for you with little to no out-of-pocket expense
[32:20.500 --> 32:26.500]  And we accept Bitcoin as a multi-year A-plus member of the Better Business Bureau with zero complaints
[32:26.500 --> 32:29.500]  You can trust Hill Country Home Improvements to handle your claim
[32:29.500 --> 32:31.500]  And your roof right the first time
[32:31.500 --> 32:38.500]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com
[32:38.500 --> 32:40.500]  Mention the crypto show and get $100 off
[32:40.500 --> 32:45.500]  And we'll donate another $100 to the Logos Radio Network to help continue this programming
[32:45.500 --> 32:49.500]  So if those out-of-town roofers come knocking, your door should be locked in
[32:49.500 --> 32:56.500]  That's 512-992-8745 or hillcountryhomeimprovements.com
[32:56.500 --> 32:58.500]  Discounts are based on full roof replacement
[32:58.500 --> 33:00.500]  I mean, I actually be kidding about chemtrails
[33:03.500 --> 33:10.500]  You're listening to the Logos Radio Network at LogosRadioNetwork.com
[33:10.500 --> 33:15.500]  Yeah, I got a warrant
[33:15.500 --> 33:18.500]  And I'm gonna solve them
[33:18.500 --> 33:21.500]  To the high government them
[33:21.500 --> 33:23.500]  And I'll save you them
[33:23.500 --> 33:25.500]  Okay
[33:28.500 --> 33:32.500]  Okay, too quick
[33:32.500 --> 33:34.500]  Okay, now I'm ready
[33:34.500 --> 33:38.500]  When we come in, I have to turn the faders down
[33:38.500 --> 33:44.500]  So I generally wait 5 seconds and then fade out the music
[33:44.500 --> 33:47.500]  So I don't start talking too quick
[33:47.500 --> 33:49.500]  And sometimes I screw it up
[33:49.500 --> 33:51.500]  Okay, back to Tim
[33:51.500 --> 33:54.500]  Was that the only issue you had, Tim?
[33:54.500 --> 33:56.500]  No, well, no
[33:56.500 --> 33:58.500]  Well, if you're through with me
[33:58.500 --> 34:02.500]  I just want to make sure that it's common
[34:02.500 --> 34:13.500]  To not answer a brief that's 33 pages long
[34:13.500 --> 34:16.500]  It is the smartest thing we can do
[34:16.500 --> 34:21.500]  Because, are you saying because it shows respect
[34:21.500 --> 34:25.500]  To the appeals court of them doing their job?
[34:25.500 --> 34:27.500]  Exactly
[34:27.500 --> 34:32.500]  The appeals, they're gonna look at this brief
[34:32.500 --> 34:35.500]  And they're gonna be annoyed at these lawyers
[34:35.500 --> 34:37.500]  They're gonna read all this stuff
[34:37.500 --> 34:39.500]  And say, so what, so what, so what
[34:39.500 --> 34:43.500]  Our appellate brief is really short
[34:43.500 --> 34:49.500]  We said, we claim the judge did not have jurisdiction
[34:49.500 --> 34:53.500]  The judge dismissed our claim with prejudice
[34:53.500 --> 34:57.500]  Then the court of appeals in our petition for rid of mandamus
[34:57.500 --> 35:00.500]  Instead of granting us the mandamus
[35:00.500 --> 35:07.500]  They sui sponte ruled that the court did not have jurisdiction
[35:07.500 --> 35:12.500]  So therefore, we moved the court to rule
[35:12.500 --> 35:17.500]  That the court did not have jurisdiction to render the ruling
[35:17.500 --> 35:20.500]  That's it, that's our brief
[35:20.500 --> 35:25.500]  And have a little case law in there about lack of jurisdiction
[35:25.500 --> 35:27.500]  Jurisdictions are never accrued
[35:27.500 --> 35:30.500]  It can't be weighed, blah, blah, blah
[35:30.500 --> 35:34.500]  Only one point, and I was real careful
[35:34.500 --> 35:38.500]  Only one point is the only thing that matters
[35:38.500 --> 35:41.500]  All the bad stuff they did to you
[35:41.500 --> 35:47.500]  All their horrible behavior, irrelevant
[35:47.500 --> 35:50.500]  If we put anything in there that the judge would say
[35:50.500 --> 35:53.500]  So what, what's that got to do with anything?
[35:53.500 --> 35:56.500]  They're gonna read these guys' brief and say
[35:56.500 --> 35:59.500]  What's that got to do with jurisdiction?
[35:59.500 --> 36:00.500]  They'll read the next section
[36:00.500 --> 36:02.500]  What's that got to do with jurisdiction?
[36:02.500 --> 36:04.500]  And they'll read the last section
[36:04.500 --> 36:06.500]  And they'll ask that question
[36:06.500 --> 36:10.500]  And none of it has anything to do with jurisdiction
[36:10.500 --> 36:17.500]  So filing a response to their appellate, their appellate's brief
[36:17.500 --> 36:22.500]  Would be insulting to the judges
[36:22.500 --> 36:23.500]  Okay
[36:23.500 --> 36:27.500]  So Randy, you think that it would still be
[36:27.500 --> 36:31.500]  Would it still be insulting if a response was to be filed
[36:31.500 --> 36:34.500]  That was like a one-liner that says
[36:34.500 --> 36:39.500]  The 33-page brief did not address the issue of jurisdiction
[36:39.500 --> 36:41.500]  Yeah, that was my point
[36:41.500 --> 36:43.500]  Yeah, I thought about that
[36:43.500 --> 36:50.500]  And that does nothing to address the issues
[36:50.500 --> 36:58.500]  For me to tell the judges what they will obviously already know
[36:58.500 --> 37:03.500]  It would just be me insulting the judges
[37:03.500 --> 37:07.500]  Okay, just the last thing I'm gonna ask
[37:07.500 --> 37:13.500]  One more little caveat, one more statement to that
[37:13.500 --> 37:21.500]  If the opposing side had made a argument
[37:21.500 --> 37:26.500]  Concerning original jurisdiction of the district court
[37:26.500 --> 37:28.500]  To rule on our pleading
[37:28.500 --> 37:31.500]  Then I would have addressed that
[37:31.500 --> 37:35.500]  But there was nothing to address
[37:35.500 --> 37:39.500]  Okay, here's what I see
[37:39.500 --> 37:43.500]  And I don't have near the experience that you have, Randy
[37:43.500 --> 37:47.500]  Wouldn't even dream of trying to challenge you at all
[37:47.500 --> 37:55.500]  Is that when we filed that and then the original countersuit
[37:55.500 --> 38:00.500]  The judge just immediately out of hand dismissed it
[38:00.500 --> 38:04.500]  Yes, and that was the brief
[38:04.500 --> 38:10.500]  That dismissal of our claims against the city
[38:10.500 --> 38:17.500]  He had jurisdiction to rule on our claims
[38:17.500 --> 38:24.500]  And our claims said that the city did not have jurisdiction
[38:24.500 --> 38:27.500]  To take an action against us
[38:27.500 --> 38:31.500]  We had jurisdiction to take a counteraction
[38:31.500 --> 38:39.500]  The court had jurisdiction to rule on our pleadings
[38:39.500 --> 38:45.500]  But our pleadings claimed that the original prosecution
[38:45.500 --> 38:49.500]  Was without subject matter jurisdiction
[38:49.500 --> 38:52.500]  So the city could not transfer jurisdiction
[38:52.500 --> 38:55.500]  To hear the city's claims to this court
[38:55.500 --> 38:58.500]  Because they didn't have jurisdiction to start with
[38:58.500 --> 39:01.500]  To dismiss that claim with prejudice
[39:01.500 --> 39:04.500]  Then the court of appeals came by back
[39:04.500 --> 39:09.500]  And ruled exactly on exactly what we claimed
[39:09.500 --> 39:13.500]  So the question to me, to you from me
[39:13.500 --> 39:18.500]  Is this district judge, did he just not say well
[39:18.500 --> 39:23.500]  Since the appeals court has ruled in your favor
[39:23.500 --> 39:28.500]  Over the point number four
[39:28.500 --> 39:32.500]  Then all the other jurisdictions that I have here
[39:32.500 --> 39:34.500]  Really mean nothing because
[39:34.500 --> 39:37.500]  No, no, no, that's not true
[39:37.500 --> 39:39.500]  He didn't have jurisdiction
[39:39.500 --> 39:41.500]  No, he had jurisdiction
[39:41.500 --> 39:46.500]  Okay, they filed an action against us
[39:46.500 --> 39:49.500]  We filed a counteraction against them
[39:49.500 --> 39:54.500]  But the judge did not have jurisdiction on their action against us
[39:54.500 --> 39:59.500]  They did have jurisdiction on our counteraction
[39:59.500 --> 40:05.500]  They said that the appeals court said that he had jurisdiction
[40:05.500 --> 40:08.500]  Okay, hold on
[40:08.500 --> 40:15.500]  He had jurisdiction on, there were two different issues
[40:15.500 --> 40:22.500]  Claim against you that supported a
[40:22.500 --> 40:25.500]  The $80,000 claim
[40:25.500 --> 40:29.500]  They claimed that you had a vehicle in violation
[40:29.500 --> 40:33.500]  And stayed in violation for 80 days
[40:33.500 --> 40:40.500]  The prosecution that rendered that vehicle in violation
[40:40.500 --> 40:46.500]  Was ruled void because the court that
[40:46.500 --> 40:51.500]  Rendered that ruling lacked jurisdiction to render the ruling it did
[40:51.500 --> 40:57.500]  So that left the $80,000 claim without foundation
[40:57.500 --> 41:02.500]  However, the $80,000 claim was an issue
[41:02.500 --> 41:07.500]  That the district court could take jurisdiction over
[41:07.500 --> 41:14.500]  And the court had a duty to rule that this claim was invalid
[41:14.500 --> 41:19.500]  Because the underlying support for the claim was rendered invalid
[41:19.500 --> 41:25.500]  And the court of appeals said that's the trial judge's jurisdiction
[41:25.500 --> 41:30.500]  We don't have standing to take that jurisdiction from him
[41:30.500 --> 41:37.500]  But as to jurisdiction over the original claim
[41:37.500 --> 41:40.500]  That the city brought against you to the district court
[41:40.500 --> 41:45.500]  Were they actually dismissed it in the trial court
[41:45.500 --> 41:50.500]  In the city court as being without jurisdiction
[41:50.500 --> 41:56.500]  So they didn't have the standing to invoke the subject matter jurisdiction of this court
[41:56.500 --> 41:59.500]  Because their underlying claim was insufficient
[41:59.500 --> 42:05.500]  But the judge did have jurisdiction to make that ruling
[42:05.500 --> 42:09.500]  So it's a little complex
[42:09.500 --> 42:13.500]  That's good. I think that's a really good way to delineate and separate
[42:13.500 --> 42:17.500]  Those two issues could get really easily confused
[42:17.500 --> 42:20.500]  And that's what these guys were trying to do
[42:20.500 --> 42:25.500]  In their appeal they were trying to confuse those issues
[42:25.500 --> 42:29.500]  And were trying not to get caught up in that
[42:29.500 --> 42:36.500]  The reason I didn't want to file a response to their appellate brief is
[42:36.500 --> 42:41.500]  If we're out in the schoolyard parking lot and you push me
[42:41.500 --> 42:45.500]  My reaction is to push you back
[42:45.500 --> 42:49.500]  And if I push you back, you'll push me back
[42:49.500 --> 42:56.500]  I'm in the park in the high school parking lot and a five-year-old comes up and push me
[42:56.500 --> 43:01.500]  I'm not going to push him back. It doesn't matter
[43:01.500 --> 43:05.500]  These guys came to court like five-year-olds
[43:05.500 --> 43:09.500]  Nyeh, nyeh, nyeh, nyeh, nyeh, whiny, whiny, whiny
[43:09.500 --> 43:14.500]  I don't have to push back. Waste of time
[43:14.500 --> 43:19.500]  Alright, that was what I wanted to know
[43:19.500 --> 43:22.500]  We're taking the high ground here
[43:22.500 --> 43:27.500]  Okay, will we be surprised if the appeals court rules in their favor?
[43:27.500 --> 43:33.500]  Yes, then we will go straight to the Supreme
[43:33.500 --> 43:38.500]  Okay, alrighty
[43:38.500 --> 43:41.500]  Okay, I'll let you get to your next caller, sir
[43:41.500 --> 43:44.500]  Okay, we're about to go to break
[43:44.500 --> 43:49.500]  Randy Kelton, Brett Fountain with his phone in the mic
[43:49.500 --> 43:52.500]  Showing me if my time is up
[43:52.500 --> 43:55.500]  We'll be right back
[44:00.500 --> 44:04.500]  At Capital Corn and Boolean, our mission is to be your preferred shopping destination
[44:04.500 --> 44:08.500]  by delivering excellent customer service and outstanding value at an affordable price
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[44:51.500 --> 44:54.500]  We're open Monday through Friday, 10-6, Saturdays, 10-2
[44:54.500 --> 45:00.500]  Visit us at CapitalCoinandBoolean.com or call 512-646-6440
[45:00.500 --> 45:04.500]  Are you the plaintiff or defendant in a lawsuit?
[45:04.500 --> 45:07.500]  In your case, without an attorney, with Jurisdictionary
[45:07.500 --> 45:15.500]  The affordable, easy-to-understand 4-CD course that will show you how in 24 hours, step-by-step
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[45:52.500 --> 46:00.500]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ
[46:23.500 --> 46:28.500]  Okay, we are back
[46:28.500 --> 46:32.500]  Randy Kelton with our radio, we have our time, DeVince on
[46:32.500 --> 46:36.500]  So I guess everybody didn't hear us on the break that time
[46:36.500 --> 46:40.500]  Now we're going to BJ in Texas, L-O-B-J
[46:40.500 --> 46:43.500]  Okay, Randy, how's it going?
[46:43.500 --> 46:47.500]  Going good. What do you have for us today?
[46:47.500 --> 46:54.500]  Well, I've got a few questions, I've got a, I've called before about this
[46:54.500 --> 46:58.500]  Have some different progress and questions
[46:58.500 --> 47:06.500]  Rockwell, Texas, traffic tickets, one for speeding and the other one for a wrong license plate
[47:06.500 --> 47:10.500]  Which was the correct license plate, it was just vertical instead of horizontal
[47:10.500 --> 47:13.500]  And he ticketed me for it
[47:13.500 --> 47:17.500]  He was the sheriff's deputy
[47:17.500 --> 47:20.500]  Wait a minute, wait a minute
[47:20.500 --> 47:26.500]  What was the ticket, what did it cite you for on the plate?
[47:26.500 --> 47:35.500]  Feeding, and then he cited me for incorrect, fraudulent, or wrong plate
[47:35.500 --> 47:43.500]  It should have been license plate improperly affixed
[47:43.500 --> 47:52.500]  But I don't know that there's anything in law that says that the license plate must be mounted horizontal
[47:52.500 --> 47:57.500]  I've found one place, I'm not really concerned with that
[47:57.500 --> 48:08.500]  Just based on the fact that the deputy isn't authorized by the transportation code to enforce traffic
[48:08.500 --> 48:11.500]  I'm pretty sure that's going to go away
[48:11.500 --> 48:15.500]  Did you go to the ticket site and pull down those documents?
[48:15.500 --> 48:24.500]  Yeah, I did, I got all that printed out, submitted, and it's been really helpful in getting started
[48:24.500 --> 48:27.500]  and learning more about the process and all
[48:27.500 --> 48:40.500]  But I submitted all that in April and 30 days later I get a letter in the mail with a court date, a trial date
[48:40.500 --> 48:45.500]  And I had heard nothing from the court on any of those items
[48:45.500 --> 48:54.500]  So I contacted the court and the clerk and I told her it's been 30 days
[48:54.500 --> 48:59.500]  I haven't heard anything or seen any rulings on any of the motions or anything
[48:59.500 --> 49:03.500]  And she said she never got any of them
[49:03.500 --> 49:06.500]  So I said
[49:06.500 --> 49:10.500]  How did you get them to the clerk?
[49:10.500 --> 49:20.500]  I emailed into her and she had received just a motion I wrote to dismiss for writing the ticket incorrectly
[49:20.500 --> 49:24.500]  Basically not citing the law correctly on the ticket
[49:24.500 --> 49:30.500]  Just to make sure that the system was working, that I could send it to them, they could receive it
[49:30.500 --> 49:34.500]  That it was getting filed, it was getting ruled on, things like that
[49:34.500 --> 49:37.500]  And it came back, the judge denied it
[49:37.500 --> 49:42.500]  So they did accept it and they did get it in the record
[49:42.500 --> 49:46.500]  They accepted a motion I wrote initially
[49:46.500 --> 50:02.500]  So they set a precedence, now you need to file a discovery request for all of the clerk's emails
[50:02.500 --> 50:08.500]  That'll get them jumping up and down
[50:08.500 --> 50:11.500]  Let me write that down real quick
[50:11.500 --> 50:18.500]  I know that'll get them jumping up and down because I've done that
[50:18.500 --> 50:25.500]  It was right at Christmas and I went to Judge Wright's court in Lake Worth
[50:25.500 --> 50:28.500]  And told the clerk I needed to talk to the judge
[50:28.500 --> 50:34.500]  She said, well, is this about a case? Oh, no, no, no, I need to apologize to the judge
[50:34.500 --> 50:39.500]  She looked confused and said, well, okay, she went and got the judge
[50:39.500 --> 50:42.500]  And the judge recognized me immediately
[50:42.500 --> 50:45.500]  Well, hello, Mr. Kelton, what can I do for you?
[50:45.500 --> 50:47.500]  I said, Judge, I owe you an apology
[50:47.500 --> 50:50.500]  Oh, you do, yes ma'am, I do
[50:50.500 --> 50:53.500]  You remember when I requested all of your emails?
[50:53.500 --> 50:56.500]  Oh, yes, Mr. Kelton, I remember that
[50:56.500 --> 51:05.500]  I said, well, I went through your emails and I didn't find anything
[51:05.500 --> 51:08.500]  She said, well, Mr. Kelton, I told you, you wouldn't
[51:08.500 --> 51:18.500]  I said, well, I requested your emails because I pretty well knew I wouldn't find anything
[51:18.500 --> 51:22.500]  Well, if you knew any, you wouldn't find anything, why did you request mine?
[51:22.500 --> 51:29.500]  I said, well, there are a couple of judges in this jurisdiction who are real stinkers
[51:29.500 --> 51:33.500]  And I really want to see what's in their emails
[51:33.500 --> 51:40.500]  But before I did that, I needed to find out all the shenanigans the prosecutor was going to pull
[51:40.500 --> 51:43.500]  To keep me from getting access to those emails
[51:43.500 --> 51:54.500]  She looked at me for a moment, she said, I understand, Mr. Kelton
[51:54.500 --> 51:58.500]  That doesn't mean I like it, but I understand
[51:58.500 --> 52:08.500]  And I further, I did need to apologize to you because as far as I'm concerned, if there is an honest judge in this jurisdiction, it's you
[52:08.500 --> 52:11.500]  You know what that does to them?
[52:11.500 --> 52:15.500]  They want to think I'm a dirty, rotten, low-down scoundrel
[52:15.500 --> 52:18.500]  And then I come in and pull that garbage off
[52:18.500 --> 52:20.500]  And now they can't
[52:20.500 --> 52:27.500]  Yeah, now how are they going to feel bad towards somebody that says something like that to them?
[52:27.500 --> 52:29.500]  Right
[52:29.500 --> 52:32.500]  That was so much fun
[52:32.500 --> 52:48.500]  So I actually contacted the Attorney General's office today to file a complaint about them not responding to my open record request in the proper time
[52:48.500 --> 52:52.500]  Good, did you file a verified criminal affidavit?
[52:52.500 --> 53:00.500]  Not yet, I just filled out there, I talked to somebody on the phone, they called me and I filled out
[53:00.500 --> 53:04.500]  Oh, okay, no, no, no, that's complaining
[53:04.500 --> 53:06.500]  That's not filing a complaint
[53:06.500 --> 53:09.500]  Right, I understand, I'm just telling you what I did
[53:09.500 --> 53:15.500]  And I sent them the evidence, they actually seemed very interested in hearing what I had to say
[53:15.500 --> 53:17.500]  Yeah
[53:17.500 --> 53:27.500]  Well, I've had the same kind of thing with me, they act real interested and they transfer me to the auditor and the internal, oh, this is the chief internal auditor
[53:27.500 --> 53:34.500]  They will listen like they really care and absolutely nothing will happen
[53:34.500 --> 53:35.500]  So
[53:35.500 --> 53:40.500]  Yeah, well, I mean, I expect that at every turn working with the government, but
[53:40.500 --> 54:07.500]  Okay, recently the jurisdiction of the Attorney General, I think in 2012 or 14, they extended the jurisdiction of the Attorney General to allegations of official misconduct or official oppression to include the prosecuting attorney
[54:07.500 --> 54:17.500]  What it used to be is the Attorney General could come in and assist a prosecutor, but they didn't have jurisdiction except in one thing
[54:17.500 --> 54:28.500]  A allegation of a violation of the Open Meetings Act against a prosecuting attorney
[54:28.500 --> 54:33.500]  They have always had jurisdiction over that
[54:33.500 --> 54:41.500]  So, anything else they did not have jurisdiction over
[54:41.500 --> 54:43.500]  Right
[54:43.500 --> 54:56.500]  So, if you filed emailed complaints to the clerk and they previously accepted those and filed them in the record
[54:56.500 --> 55:05.500]  Then when you emailed those documents, they became government documents
[55:05.500 --> 55:07.500]  Right
[55:07.500 --> 55:12.500]  What's the charge?
[55:12.500 --> 55:14.500]  37.10
[55:14.500 --> 55:17.500]  No, tampering with the government document
[55:17.500 --> 55:20.500]  Ta-da, against the clerk
[55:20.500 --> 55:37.500]  Yeah, so I'm going that route. While I was talking to the guy from the AG's office though, telling him, you know, about what I was doing that I tried, I filed through email
[55:37.500 --> 55:58.500]  And after speaking with the clerk on the phone, the first motion I sent in, which they received, replied back, it was ruled on denied, and then I responded with the flurry of motion that your site helped get produced
[55:58.500 --> 56:13.500]  And I didn't hear back from, you know, ever. I never saw them submitted in their public portal, no motions ruling, no communication, nothing
[56:13.500 --> 56:19.500]  So I got the court date letter in the mail that the jury trial was scheduled for August
[56:19.500 --> 56:20.500]  So I called
[56:20.500 --> 56:27.500]  Oh, wonderful. Okay, how many documents did you send?
[56:27.500 --> 56:28.500]  Say that again?
[56:28.500 --> 56:33.500]  Count the number of documents you actually sent
[56:33.500 --> 56:41.500]  And file a criminal accusation for each of those documents for tampering with the government document
[56:41.500 --> 56:44.500]  Against the clerk
[56:44.500 --> 56:52.500]  The clerk is the one person that everybody kind of looks out for
[56:52.500 --> 56:56.500]  Clerks don't have a dog in the hunt
[56:56.500 --> 56:59.500]  But they're part of the system
[56:59.500 --> 57:09.500]  You go after the clerk, they're not lawyers as a rule, and they're essentially vulnerable, so everybody will jump in to protect the clerk
[57:09.500 --> 57:17.500]  You file a whole stack of criminal accusations against the clerk with the trial judge
[57:17.500 --> 57:21.500]  That'll jerk a knot in their shorts
[57:21.500 --> 57:31.500]  So the guy at the AG's office said, I told him how they all of a sudden stopped getting my emails
[57:31.500 --> 57:36.500]  I had called recent emotions and open records to request again
[57:36.500 --> 57:42.500]  And they still didn't, another 30 days goes by, they still didn't respond, I called them again today
[57:42.500 --> 57:51.500]  And all of a sudden after I told them I filed a complaint with the AG's office against them, they magically started getting my emails that very second
[57:51.500 --> 57:54.500]  Too late
[57:54.500 --> 58:07.500]  The guy at the AG's office was mentioning about how I didn't get equal protection under the law because they blocked my email address
[58:07.500 --> 58:19.500]  And was suggesting different ways that they could investigate the issue under law
[58:19.500 --> 58:23.500]  AG doesn't have jurisdiction
[58:23.500 --> 58:25.500]  Okay
[58:25.500 --> 58:29.500]  Yeah, he probably doesn't understand that
[58:29.500 --> 58:43.500]  The AG has jurisdiction over a violation of the open records act by a prosecutor and violations of 39.03 p.m. code
[58:43.500 --> 58:49.500]  Hang on, Randy Kelton, we'll be right back
[58:49.500 --> 59:00.500]  Would you like to make more definite progress in your walk with God? Bibles for America is offering a free study Bible and a set of free Christian books that can really help
[59:00.500 --> 59:05.500]  The New Testament recovery version is one of the most comprehensive study Bibles available today
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[59:12.500 --> 59:20.500]  The free books are a three-volume set called Basic Elements of the Christian Life
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[59:27.500 --> 59:40.500]  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
[59:40.500 --> 59:50.500]  Or visit us online at bfa.org
[59:50.500 --> 59:59.500]  Live free speech radio, logosradionetwork.com
[59:59.500 --> 01:00:07.500]  The following news flash is brought to you by The Low Star Lowdown, providing your daily bulletins for the commodity market
[01:00:07.500 --> 01:00:20.500]  Today in history, news updates and the inside scoop into the tides of the alternative
[01:00:20.500 --> 01:00:42.500]  Markets for Wednesday, the 6th of February, 2019, open with gold at $1,313.70 an ounce, silver $15.77 an ounce, copper $2.83 an ounce, oil, Texas crude $3.66 a barrel, Brent crude $61.98 a barrel, and cryptos in order of market capitalization, Bitcoin $3,401.64
[01:00:42.500 --> 01:00:53.500]  Ripple, XRP, $0.29, a theory of $10.03 and EOS is at $2.32 of crypto coin
[01:00:53.500 --> 01:01:05.500]  Today in history, the year 1918, British women over the age of 30 who meet minimum property qualifications get the right to vote when the Representation of the People Act of 1918 was passed by Parliament.
[01:01:05.500 --> 01:01:19.500]  Today in history. In recent news, several Texas-based organizations filed a lawsuit today requesting that a federal court stop the state from flagging about 95,000 people as potentially illegally registered to vote.
[01:01:19.500 --> 01:01:32.500]  The list was compiled after an 11-month-long investigation by the Office of the Texas Secretary of State and the Texas Department of Public Safety, which sought to identify non-U.S. citizens who were registered to vote when obtaining a garbage license.
[01:01:32.500 --> 01:01:44.500]  Over half of the 95,000 didn't indeed vote, it seems. However, further controversy was raised when it became clear that some of the names were not, in fact, belonging to those who were non-citizens and registered.
[01:01:44.500 --> 01:01:50.500]  Apparently, around 25% of all Latino immigrants become naturalized, gaining the right to vote.
[01:01:50.500 --> 01:01:56.500]  Registered voters who receive letters querying their citizenship have 30 days to respond with proof of eligibility.
[01:01:56.500 --> 01:02:05.500]  Texas Attorney General Ken Paxton and David Whitley, the Texas Secretary of State, have yet to officially comment regarding this list and any updates pertaining to it.
[01:02:08.500 --> 01:02:16.500]  A Texas man of only 24 years old, William Brown, died from a severed artery in his neck after a vape pen exploded while he was using it.
[01:02:16.500 --> 01:02:28.500]  It apparently happened in the parking lot of the vape shop where he got it. An X-ray revealed that a piece of metal was embedded in his brainstem. The vape store, Smoke and Vape DZ, has refused to comment.
[01:02:28.500 --> 01:02:47.500]  First edition anchorwoman, Kristen Diaz, interviewed Aislin Campbell, the executive director of Grow Local, South Texas, concerning the upcoming Texas Organic Farmers and Gardeners Association Conference, which will be taking place at the Corpus Christi Omni Hotel from February 14th to 16th, 6 to 9 p.m.
[01:02:47.500 --> 01:02:59.500]  You can find the interview at kiitv.com. This is Rick Rody with your lowdown for February 6th, 2019.
[01:03:17.500 --> 01:03:46.500]  Okay, we are back. Randy Kelton, Brett Fountain, move on radio, and we were having great fun on the Brett break. Plotman Planet.
[01:03:46.500 --> 01:03:58.500]  Okay, we were talking to VJ in Texas. Now, Brett, you ought to pick this up because you are familiar with Rockwall.
[01:03:58.500 --> 01:04:09.500]  Well, yes, Rockwall, not only Rockwall, but also this particular thing about the plates because I got pulled over with my tailgate down. He says, well, I was having a little trouble seeing your plate.
[01:04:09.500 --> 01:04:23.500]  And this is exactly the same thing he accused me of is this transportation code 504.945 says wrong, fictitious, altered, or obscured license plates. Is that the same one he got you for?
[01:04:23.500 --> 01:04:25.500]  Yeah, and it was none of those things.
[01:04:25.500 --> 01:04:29.500]  Right.
[01:04:29.500 --> 01:04:35.500]  And I even offered him a chance to rewrite the ticket correctly before he left and he didn't.
[01:04:35.500 --> 01:04:38.500]  You did? That was real nice of you.
[01:04:38.500 --> 01:04:40.500]  Yeah, I was just screwing with him.
[01:04:40.500 --> 01:04:45.500]  Okay, yeah, you got to cut that out. Be a nice.
[01:04:45.500 --> 01:04:52.500]  What is the deal? Never have him fair warning.
[01:04:52.500 --> 01:04:57.500]  Well, it didn't matter. It doesn't matter anyway because he's not authorized to enforce the transportation code.
[01:04:57.500 --> 01:04:59.500]  Yes, exactly.
[01:04:59.500 --> 01:05:18.500]  If he were, that is not an arrestable offense. He can't pull you over for that. That's in section 504. And what he is authorized, what somebody could be authorized to pull you over for a trooper that is DPS trooper would be sections 541 to 600.
[01:05:18.500 --> 01:05:21.500]  That doesn't include 504 for the plates.
[01:05:21.500 --> 01:05:28.500]  Brett, do you have a brief on that or a legal argument on that?
[01:05:28.500 --> 01:05:31.500]  Probably.
[01:05:31.500 --> 01:05:37.500]  I brought it up a few times in different ways, but yes. And I know I dealt with it with Rockwall.
[01:05:37.500 --> 01:05:45.500]  I had a policeman. I don't have my registration sticker on my windshield.
[01:05:45.500 --> 01:05:56.500]  The last time I got stopped, the officer said that I had one on my windshield and he said the reason I stopped you is your registration has expired.
[01:05:56.500 --> 01:06:00.500]  And I said, only two years. What's the problem?
[01:06:00.500 --> 01:06:04.500]  But now I don't have one.
[01:06:04.500 --> 01:06:11.500]  So the fact that I don't display one on my windshield.
[01:06:11.500 --> 01:06:13.500]  That's not a crime.
[01:06:13.500 --> 01:06:22.500]  Now, when we had safety stickers, it was a crime not to display the safety sticker.
[01:06:22.500 --> 01:06:30.500]  But it was not a crime not to display registration. It's a crime not to have registration.
[01:06:30.500 --> 01:06:34.500]  So I left mine off.
[01:06:34.500 --> 01:06:43.500]  That's a come on. Come on, guys. Stop me for not having registration.
[01:06:43.500 --> 01:06:49.500]  They could they can check my plate and tell if I have registration or not.
[01:06:49.500 --> 01:06:55.500]  So if I can con one into into stopping me because I didn't display it.
[01:06:55.500 --> 01:06:58.500]  Yes.
[01:06:58.500 --> 01:07:03.500]  Anyway, back to you, BJ. We're having too much fun with this.
[01:07:03.500 --> 01:07:07.500]  Okay. Where were we with you, BJ, before we interrupted you?
[01:07:07.500 --> 01:07:09.500]  I'm enjoying it too.
[01:07:09.500 --> 01:07:22.500]  I'm glad you're on tonight because I called the DA's office today because I've seen zero paperwork from Rockwell at all except the notice to appear and.
[01:07:22.500 --> 01:07:27.500]  Okay, hold on, hold on. You filed my documents.
[01:07:27.500 --> 01:07:33.500]  We don't care what the judge with him clerked it with them.
[01:07:33.500 --> 01:07:44.500]  Let's assume that the court received them and including in those documents was a discovery motion.
[01:07:44.500 --> 01:07:53.500]  What happens if a prosecutor does not respond to discovery within 20 days of trial, Brett?
[01:07:53.500 --> 01:08:03.500]  It's within 30 days of the time he receives a request for admissions is is that the one you're talking about?
[01:08:03.500 --> 01:08:06.500]  You're talking about the discovery for production.
[01:08:06.500 --> 01:08:08.500]  Production.
[01:08:08.500 --> 01:08:12.500]  Yeah, so that's 20 days before trial, but you have to ask for it.
[01:08:12.500 --> 01:08:20.500]  Yeah, so if he found my documents, he filed a discovery motion. Big one.
[01:08:20.500 --> 01:08:23.500]  I was in Highland Park.
[01:08:23.500 --> 01:08:26.500]  I had so much fun in Highland Park.
[01:08:26.500 --> 01:08:33.500]  I said, your honor, I put in a discovery motion to the court, but I didn't receive any discovery.
[01:08:33.500 --> 01:08:47.500]  And under the Michael Morton Act, 39.14 Texas code criminal procedure, the prosecuting attorney shall produce discovery at 20 days before trial.
[01:08:47.500 --> 01:08:51.500]  Well, this is the date of the trial and I haven't received discovery.
[01:08:51.500 --> 01:08:56.500]  Therefore, the prosecuting attorney has failed to perform a duty he is required to perform in the process.
[01:08:56.500 --> 01:09:00.500]  And I'd be the phone free access to her enjoyment of rights.
[01:09:00.500 --> 01:09:03.500]  Arrest that prosecutor.
[01:09:03.500 --> 01:09:09.500]  Oh, the look on the prosecutor's face was priceless.
[01:09:09.500 --> 01:09:12.500]  It looked like he had swallowed his tire.
[01:09:12.500 --> 01:09:17.500]  I did not laugh out loud, but I was struggling with it.
[01:09:17.500 --> 01:09:22.500]  And the judge looked at me and he could tell.
[01:09:22.500 --> 01:09:27.500]  He said, Mr. Kelton, I am not going to let you set up my prosecutor.
[01:09:27.500 --> 01:09:29.500]  I didn't set him up.
[01:09:29.500 --> 01:09:31.500]  I just fucked up the discovery. He didn't produce it.
[01:09:31.500 --> 01:09:35.500]  And then the prosecutor said, your honor, I haven't seen your discovery.
[01:09:35.500 --> 01:09:45.500]  Can I take a you get a recess so I can check and I had forgot to send in discovery.
[01:09:45.500 --> 01:09:47.500]  He called me out in the hall and he said, here's your file.
[01:09:47.500 --> 01:09:50.500]  I don't have any discovery here.
[01:09:50.500 --> 01:09:52.500]  Oh my goodness.
[01:09:52.500 --> 01:10:03.500]  And so we come back in the court convenes and I said, your honor, I come before the court red faced.
[01:10:03.500 --> 01:10:07.500]  I am mistaken.
[01:10:07.500 --> 01:10:12.500]  They had great fun with that point is BJ.
[01:10:12.500 --> 01:10:16.500]  Do not give fair warning.
[01:10:16.500 --> 01:10:21.500]  When you get into court and you don't have discovery.
[01:10:21.500 --> 01:10:30.500]  Then you're going to ask the judge to arrest the prosecutor or to have the prosecutor arrested.
[01:10:30.500 --> 01:10:35.500]  For violating a Michael Morton act.
[01:10:35.500 --> 01:10:38.500]  And then the he's going to see the discovery.
[01:10:38.500 --> 01:10:47.500]  Well, if you didn't see any discovery, then your honor, I need you to arrest the clerk.
[01:10:47.500 --> 01:10:53.500]  Oh, I can just imagine having fun with that one.
[01:10:53.500 --> 01:11:03.500]  So, I mean, that was that was part of the reason why I called the about the AG and everything today was just a.
[01:11:03.500 --> 01:11:07.500]  Okay, let me make a comment about that.
[01:11:07.500 --> 01:11:12.500]  You are doing exactly the right thing.
[01:11:12.500 --> 01:11:19.500]  You're exercising all of your available remedies.
[01:11:19.500 --> 01:11:21.500]  All about that.
[01:11:21.500 --> 01:11:31.500]  You get to the grand jury and you say, I need you to indict these people because you are my last remedy.
[01:11:31.500 --> 01:11:35.500]  I have exercised all other remedies.
[01:11:35.500 --> 01:11:39.500]  I did this, I did this, I did this, I did this.
[01:11:39.500 --> 01:11:41.500]  I exercise due diligence.
[01:11:41.500 --> 01:11:42.500]  Now it's your turn.
[01:11:42.500 --> 01:11:45.500]  So yes, you're doing exactly right.
[01:11:45.500 --> 01:11:54.500]  All right, so on the none of the documents got submitted to the court though, like I was submitting to the AG today.
[01:11:54.500 --> 01:12:08.500]  The fact like screenshots of my email showing dates then what the email contained all the files attached that there were no returns or errors or anything.
[01:12:08.500 --> 01:12:24.500]  And that I did it in April at the end of April, I did it at the end of May 30 days later and I did it again today and they finally started accepting them at the clerk's office email anyway.
[01:12:24.500 --> 01:12:38.500]  But the question I had for, well, question I have for you Randy first is, and then one for Brett is Randy's on the fact that I emailed it.
[01:12:38.500 --> 01:12:46.500]  Isn't that, I believe that's covered under the rules of evidence that if it's sent, it's deemed to have been received.
[01:12:46.500 --> 01:13:01.500]  Okay, on the email, as far as I can tell, JP municipal courts are not required to accept email filings.
[01:13:01.500 --> 01:13:07.500]  That's why it was important that you filed one and they accepted it.
[01:13:07.500 --> 01:13:16.500]  Regardless of what the law says, at that point it makes no difference, they established a precedent.
[01:13:16.500 --> 01:13:20.500]  You had a reasonable expectation that you could file this way.
[01:13:20.500 --> 01:13:22.500]  Brett, you had a comment.
[01:13:22.500 --> 01:13:26.500]  Yes, with the email.
[01:13:26.500 --> 01:13:35.500]  Of course, fax is better because fax has, let's look at rule 21a of the Texas Rules of Civil Procedure.
[01:13:35.500 --> 01:13:46.500]  Rule 21a is about the methods of service and it describes email right in line with all these other kind of ways that you can deliver things.
[01:13:46.500 --> 01:13:57.500]  You can do in person, by mail, by commercial delivery service, by fax, by email, or by any other such manner as the court in its discretion may direct.
[01:13:57.500 --> 01:14:05.500]  So anything that's not being e-filed, what they call their electronic filing system, they have a special thing for that.
[01:14:05.500 --> 01:14:08.500]  Anything else can be by any of these methods.
[01:14:08.500 --> 01:14:19.500]  You can walk up in person, you can give it to a mail, commercial delivery service, fax, email, or any other such manner as the court may direct.
[01:14:19.500 --> 01:14:25.500]  So email is right in the middle of a list of all these kinds of ways that you can deliver things.
[01:14:25.500 --> 01:14:29.500]  If they will take things in person, they have to take them by email.
[01:14:29.500 --> 01:14:33.500]  Well, you know, I went to Cumbie, Texas.
[01:14:33.500 --> 01:14:35.500]  Brett, you're familiar with Cumbie, Texas?
[01:14:35.500 --> 01:14:38.500]  I gave them a hard time about email.
[01:14:38.500 --> 01:14:52.500]  I drove 600 miles from Tennessee to Cumbie, Texas with a box with all the documents that you filed, a BJ.
[01:14:52.500 --> 01:14:57.500]  And they said, well, we don't have a municipal judge right now.
[01:14:57.500 --> 01:15:00.500]  The previous municipal judge died.
[01:15:00.500 --> 01:15:08.500]  I said, your problem, not my problem.
[01:15:08.500 --> 01:15:17.500]  My problem is I drove 600 miles to file these documents with this court.
[01:15:17.500 --> 01:15:20.500]  Now you're telling me you're not going to accept these filings?
[01:15:20.500 --> 01:15:25.500]  Well, we don't have a municipal court right now.
[01:15:25.500 --> 01:15:28.500]  I called 911.
[01:15:28.500 --> 01:15:35.500]  I had told the mayor that, you know, I had talked to her.
[01:15:35.500 --> 01:15:41.500]  She was the first one I talked to and I needed a municipal judge and they weren't there, so she was there.
[01:15:41.500 --> 01:15:48.500]  And she called the prosecutor and while we were waiting for the, I told her I didn't want to talk to persecuting attorneys.
[01:15:48.500 --> 01:15:53.500]  She said, well, she's a real nice lady and I don't know anything about this.
[01:15:53.500 --> 01:15:57.500]  So I said, okay, but I need you to get security here.
[01:15:57.500 --> 01:15:58.500]  I need a bailiff.
[01:15:58.500 --> 01:15:59.500]  We don't have a bailiff.
[01:15:59.500 --> 01:16:07.500]  We're going to police officer here because when I talk to persecuting attorneys, they tend to get agitated.
[01:16:07.500 --> 01:16:12.500]  And sometimes I have to ask security to arrest them.
[01:16:12.500 --> 01:16:19.500]  And I said, when you do that, you get to see the security do a chicken dance.
[01:16:19.500 --> 01:16:20.500]  And she said a what?
[01:16:20.500 --> 01:16:30.500]  I said, well, when you ask the bailiff to arrest the judge or the prosecutor, they start shifting from one foot to the other and say,
[01:16:30.500 --> 01:16:38.500]  well, Mr. Kelton, and we will pick this up when we come back from break, but you're going to like this.
[01:16:38.500 --> 01:16:43.500]  This was too much fun to be legal.
[01:16:43.500 --> 01:16:50.500]  Randy Kelton, rule of law radio, I call in number 512-646-1984.
[01:16:50.500 --> 01:16:59.500]  We'll be right back.
[01:16:59.500 --> 01:17:04.500]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[01:17:59.500 --> 01:18:04.500]  I love logos. Without the shows on this network, I'd be almost as ignorant as my friends.
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[01:19:23.500 --> 01:19:40.500]  Well, it ain't gonna fool me with that same old trick again I was blindsided, but now I can see your face
[01:19:40.500 --> 01:19:54.500]  You put the fear in my pocket, took the money from my ass Ain't gonna fool me with that same old trick again
[01:19:54.500 --> 01:20:18.500]  Ain't gonna fool me with that same old trick again
[01:20:18.500 --> 01:20:28.500]  Okay, we are back Randy Kelton Rural Law Radio and on the break I come up with some information from Brett that is very enlightening
[01:20:28.500 --> 01:20:33.500]  And we're gonna want to talk about this, but right now we're going back to BJ
[01:20:33.500 --> 01:20:39.500]  Okay BJ, where are you now? What is your...
[01:20:39.500 --> 01:20:42.500]  He had another question he was wondering about
[01:20:42.500 --> 01:20:53.500]  Yeah, the question with the documents I submitted and the rules of evidence on when they're submitted and when they're deemed to have been received
[01:20:53.500 --> 01:21:02.500]  When the email has been sent by the end of business that day, you know, all that stuff that has been received
[01:21:02.500 --> 01:21:19.500]  So maybe a two-part question, the first part being if it goes to trial and I'm arguing before the judge that the prosecutor didn't fill out any of these forms
[01:21:19.500 --> 01:21:29.500]  And they were, you know, sent two different times, they should be ruled into evidence like...
[01:21:29.500 --> 01:21:43.500]  Okay, you understand that the case law says that if you file a motion and the opposition does not respond to the issues in the active pleadings
[01:21:43.500 --> 01:21:52.500]  They amount to judicial admission and at trial they cannot argue those issues
[01:21:52.500 --> 01:21:57.500]  They're judicially or collaterally stopped
[01:21:57.500 --> 01:21:59.500]  Okay
[01:21:59.500 --> 01:22:05.500]  So when you get to court, the prosecutor's gonna say, I haven't seen these
[01:22:05.500 --> 01:22:10.500]  Can we get a continuous so I can read the motion? Objection
[01:22:10.500 --> 01:22:16.500]  Prosecutor had ample time to respond to these motions
[01:22:16.500 --> 01:22:22.500]  He cannot respond to them now, he is judicially stopped
[01:22:22.500 --> 01:22:27.500]  He's not gonna know that case law
[01:22:27.500 --> 01:22:38.500]  So in the future, like, I email files to the court, they don't ever respond to them, but I can show that it's been successfully
[01:22:38.500 --> 01:22:41.500]  Should I even bother following up?
[01:22:41.500 --> 01:22:43.500]  Absolutely not
[01:22:43.500 --> 01:22:46.500]  That violates one of our rules
[01:22:46.500 --> 01:22:48.500]  Well, I would
[01:22:48.500 --> 01:22:50.500]  Never give fair warning
[01:22:50.500 --> 01:23:00.500]  I'm kind of with Brett on that, I feel like I owe them what is it called?
[01:23:00.500 --> 01:23:02.500]  Fair warning
[01:23:02.500 --> 01:23:04.500]  Good faith, yeah, good faith
[01:23:04.500 --> 01:23:08.500]  Good faith, what faith do you owe these guys?
[01:23:08.500 --> 01:23:15.500]  So I don't really think there's any value in following up with them just to see, make sure you got it kind of a thing
[01:23:15.500 --> 01:23:22.500]  But there's something that we haven't got to yet about this Rule 21A specific to email
[01:23:22.500 --> 01:23:31.500]  And because you sent all your stuff via email, I think that there's a...
[01:23:31.500 --> 01:23:43.500]  Look, if you had sent it by fax, let's put it this way, if you had sent it by fax, then it has a space down here where it talks about when things are deemed to have been received
[01:23:43.500 --> 01:23:45.500]  And it doesn't mention email
[01:23:45.500 --> 01:23:47.500]  Okay, what does it say about fax?
[01:23:47.500 --> 01:23:50.500]  Fax is complete on receipt
[01:23:50.500 --> 01:23:51.500]  Okay
[01:23:51.500 --> 01:23:57.500]  Service completed after 5pm local time is deemed served on the next day
[01:23:57.500 --> 01:23:58.500]  Okay
[01:23:58.500 --> 01:24:08.500]  So if you send it and it says 459, it's got that day, but if you send it 5 o'clock or after, then it's the next business day
[01:24:08.500 --> 01:24:09.500]  Email
[01:24:09.500 --> 01:24:11.500]  Email doesn't say anything
[01:24:11.500 --> 01:24:16.500]  Email is essentially the same as fax
[01:24:16.500 --> 01:24:23.500]  If it sent electronically, if fax is electronic filing, email is electronic filing
[01:24:23.500 --> 01:24:34.500]  So even though the code does not specifically reference email, it does reference fax as an electronic filing
[01:24:34.500 --> 01:24:41.500]  And there is no substantive difference between fax and email
[01:24:41.500 --> 01:24:42.500]  Yeah
[01:24:42.500 --> 01:24:52.500]  Argument we make, at the end of the day, BJ, it's not whether or not you make an argument that you can actually win
[01:24:52.500 --> 01:24:58.500]  You make an argument, they have to brief out
[01:24:58.500 --> 01:25:03.500]  You know what it would cost them to brief out that issue?
[01:25:03.500 --> 01:25:04.500]  Oh, yeah
[01:25:04.500 --> 01:25:07.500]  Yes, yes, yes, yes
[01:25:07.500 --> 01:25:10.500]  It's all about the money
[01:25:10.500 --> 01:25:11.500]  Right
[01:25:11.500 --> 01:25:18.500]  We need to remember this is not about the law, it's about the politics, and the politics always follows the money
[01:25:18.500 --> 01:25:20.500]  For appeal
[01:25:20.500 --> 01:25:26.500]  So the problem a lot of pro se litigants have is they think it's all about the law
[01:25:26.500 --> 01:25:33.500]  And we struggle on this program to get them to understand the law is only a guideline
[01:25:33.500 --> 01:25:36.500]  It's all about the politics
[01:25:36.500 --> 01:25:37.500]  Right
[01:25:37.500 --> 01:25:51.500]  Whenever you think about doing something, think about how will what I do affect the other side functionally
[01:25:51.500 --> 01:25:53.500]  What's it going to cost them?
[01:25:53.500 --> 01:25:54.500]  Right
[01:25:54.500 --> 01:25:56.500]  How are they going to respond to me?
[01:25:56.500 --> 01:26:02.500]  The lawyers hate to do original research
[01:26:02.500 --> 01:26:06.500]  But they have nothing to respond to if they never receive it, is what I'm saying
[01:26:06.500 --> 01:26:07.500]  And then if
[01:26:07.500 --> 01:26:12.500]  Okay, their problem, not your problem
[01:26:12.500 --> 01:26:13.500]  Okay
[01:26:13.500 --> 01:26:16.500]  Well, what about preserving your case for appeal?
[01:26:16.500 --> 01:26:18.500]  This is part of it
[01:26:18.500 --> 01:26:22.500]  You properly filed your case
[01:26:22.500 --> 01:26:28.500]  That the courts fail to properly administer the courts is not your problem
[01:26:28.500 --> 01:26:30.500]  It's their problem
[01:26:30.500 --> 01:26:31.500]  All right
[01:26:31.500 --> 01:26:36.500]  The last thing you want to listen to are excuses
[01:26:36.500 --> 01:26:37.500]  Right
[01:26:37.500 --> 01:26:41.500]  I don't care what your problem is
[01:26:41.500 --> 01:26:43.500]  You couldn't get it done?
[01:26:43.500 --> 01:26:44.500]  Fix it
[01:26:44.500 --> 01:26:46.500]  BJ, were you ever in the military?
[01:26:46.500 --> 01:26:51.500]  No, sir, I went to the military academy at the high gate
[01:26:51.500 --> 01:26:57.500]  In the military, there is a good education that you may have missed
[01:26:57.500 --> 01:27:03.500]  In the military, you are ordered to do certain things
[01:27:03.500 --> 01:27:09.500]  Soldier, you were ordered to do this thing, you did not do this thing
[01:27:09.500 --> 01:27:14.500]  Yes, sir, but there were 20,000 people shooting at me
[01:27:14.500 --> 01:27:21.500]  Don't give me excuses, I don't want to hear excuses, I want to hear results
[01:27:21.500 --> 01:27:25.500]  That's what we do to our public officials
[01:27:25.500 --> 01:27:28.500]  You are the master
[01:27:28.500 --> 01:27:35.500]  You have engaged these functionaries to perform certain duties
[01:27:35.500 --> 01:27:43.500]  And they want to come to you and say, oh my goodness, performing my duty was hard, it was difficult
[01:27:43.500 --> 01:27:46.500]  I had this problem, I had that problem
[01:27:46.500 --> 01:27:50.500]  And what your drill instructor will do is he will stand up to attention
[01:27:50.500 --> 01:27:55.500]  He will raise his right arm, he will crook his elbow
[01:27:55.500 --> 01:28:03.500]  And turn his palm upward, he will take his right hand and hold it in front of him
[01:28:03.500 --> 01:28:08.500]  As if he is holding something in his hand and he will move it back and forth
[01:28:08.500 --> 01:28:12.500]  That's the invisible violin he's playing
[01:28:12.500 --> 01:28:17.500]  He doesn't care what your problems are
[01:28:17.500 --> 01:28:25.500]  He insisted that you do a certain thing, do the certain thing, don't give me excuses
[01:28:25.500 --> 01:28:30.500]  You need to be that drill instructor
[01:28:30.500 --> 01:28:34.500]  You have problems following law?
[01:28:34.500 --> 01:28:39.500]  Your problem, not my problem
[01:28:39.500 --> 01:28:48.500]  You should have been in Amorillo when I asked the clerk to give me the original documents to some cases
[01:28:48.500 --> 01:28:54.500]  And she insisted she didn't have the time with the personnel, I'd have to look in the computer
[01:28:54.500 --> 01:28:57.500]  The computer has a disclaimer on it
[01:28:57.500 --> 01:29:02.500]  That nothing in this computer can be taken as factual
[01:29:02.500 --> 01:29:06.500]  Because there could be errors in the computer
[01:29:06.500 --> 01:29:12.500]  You've got this disclaimer, you can't quote what's in the computer
[01:29:12.500 --> 01:29:15.500]  So she refused to give me the original documents
[01:29:15.500 --> 01:29:19.500]  I opened the door, called the bailiff over and asked him to arrest her
[01:29:19.500 --> 01:29:26.500]  And he wouldn't do anything so I called 911 and asked him to dispatch someone
[01:29:26.500 --> 01:29:32.500]  While I'm waiting for the officer to come based on my 911 call
[01:29:32.500 --> 01:29:39.500]  The clerk and the captain who I'd asked him to arrest the clerk and he refused
[01:29:39.500 --> 01:29:43.500]  They came out with the documents I had asked her for
[01:29:43.500 --> 01:29:46.500]  What do you know, found some time after all?
[01:29:46.500 --> 01:29:53.500]  The captain started to say something to me and I held up both hands with my palms out
[01:29:53.500 --> 01:29:58.500]  Stop, stop, stop, stop, I cannot be talking with you
[01:29:58.500 --> 01:30:02.500]  I'm cold
[01:30:02.500 --> 01:30:06.500]  This performance enhancing drug shows up on drug tests
[01:30:06.500 --> 01:30:09.500]  But it hasn't been banned from professional sports
[01:30:09.500 --> 01:30:12.500]  I'm Dr. Catherine Alvrect and I'll bet you're taking this drug too
[01:30:12.500 --> 01:30:15.500]  I'll be back to tell you what it is
[01:30:15.500 --> 01:30:17.500]  Privacy is under attack
[01:30:17.500 --> 01:30:20.500]  When you give up data about yourself, you'll never get it back again
[01:30:20.500 --> 01:30:25.500]  And once your privacy is gone, you'll find your freedoms will start to vanish too
[01:30:25.500 --> 01:30:30.500]  So protect your rights, say no to surveillance and keep your information to yourself
[01:30:30.500 --> 01:30:33.500]  Privacy, it's worth hanging on to
[01:30:33.500 --> 01:30:36.500]  This public service announcement is brought to you by StartPage.com
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[01:30:44.500 --> 01:30:47.500]  Caffeine, can it make you a better athlete?
[01:30:47.500 --> 01:30:49.500]  The verdict is as muddy as a cup of Joe
[01:30:49.500 --> 01:30:55.500]  Researchers studying cyclists, runners, and rowers found caffeine does boost performance for short term power events
[01:30:55.500 --> 01:31:00.500]  Tennis players accuracy and speed improved and they had more endurance to get through the match
[01:31:00.500 --> 01:31:05.500]  But caffeine doesn't help in all sports and the correct dose varies widely between individuals
[01:31:05.500 --> 01:31:08.500]  Caffeine contributes to dehydration
[01:31:08.500 --> 01:31:12.500]  Plus it can give you the jitters and nervousness is the last thing you want in a competition
[01:31:12.500 --> 01:31:16.500]  Athletes quickly build up a tolerance to caffeine and it's addictive
[01:31:16.500 --> 01:31:19.500]  As anyone who's ever had a caffeine headache can tell you
[01:31:19.500 --> 01:31:24.500]  Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com
[01:31:30.500 --> 01:31:35.500]  This is building 7, a 47 story skyscraper that fell on the afternoon of September 11
[01:31:35.500 --> 01:31:37.500]  The government says that fire brought it down
[01:31:37.500 --> 01:31:42.500]  However, 1500 architects and engineers have concluded it was a controlled demolition
[01:31:42.500 --> 01:31:47.500]  Over 6,000 of my fellow service members have given their lives to thousands of my fellow force responders
[01:31:47.500 --> 01:31:48.500]  This is dying
[01:31:48.500 --> 01:31:49.500]  I'm not a conspiracy theorist
[01:31:49.500 --> 01:31:50.500]  I'm a structural engineer
[01:31:50.500 --> 01:31:51.500]  I'm a New York City correction officer
[01:31:51.500 --> 01:31:52.500]  I'm an Air Force pilot
[01:31:52.500 --> 01:31:54.500]  I'm a father who lost his son
[01:31:54.500 --> 01:31:57.500]  We are Americans and we deserve the truth
[01:31:57.500 --> 01:32:00.500]  Go to RememberBuilding7.org today
[01:32:01.500 --> 01:32:04.500]  Rule of Law Radio is proud to offer the Rule of Law traffic similar
[01:32:04.500 --> 01:32:07.500]  In today's America we live in an us against them society
[01:32:07.500 --> 01:32:12.500]  If we the people are ever going to have a free society then we're going to have to stand and defend our own rights
[01:32:12.500 --> 01:32:15.500]  Among those rights are the right to travel freely from place to place
[01:32:15.500 --> 01:32:19.500]  The right to act in our own private capacity and most importantly the right to due process of law
[01:32:19.500 --> 01:32:25.500]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process
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[01:32:39.500 --> 01:32:40.500]  and ordering your copy today
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[01:33:02.500 --> 01:33:04.500]  Looking for some truth?
[01:33:04.500 --> 01:33:08.500]  You found it. LogosRadioNetwork.com
[01:33:08.500 --> 01:33:15.500]  We are back. Randy Kelton, Brett Fountain, Rule of Law Radio. On this, the 14th day of June 2019
[01:33:39.500 --> 01:33:43.500]  We were talking about who is responsible for what
[01:33:43.500 --> 01:33:47.500]  Very quickly this issue in Amarillo
[01:33:47.500 --> 01:33:52.500]  When the clerk refused to give me the actual physical documents
[01:33:52.500 --> 01:33:58.500]  I got the bailiff and tried to get the bailiff one of the security guys to arrest her
[01:33:58.500 --> 01:34:01.500]  And he refused and called his lieutenant
[01:34:01.500 --> 01:34:08.500]  And his lieutenant refused to do anything so I called the sheriff's department, asked him to send somebody
[01:34:08.500 --> 01:34:13.500]  And went down and was sitting down writing out criminal complaints
[01:34:13.500 --> 01:34:20.500]  And first this young bailiff came over and he said
[01:34:20.500 --> 01:34:23.500]  Mr. Kelton, you're going to have to leave the building
[01:34:23.500 --> 01:34:26.500]  I looked up and said, get lost
[01:34:26.500 --> 01:34:28.500]  Went back to writing
[01:34:28.500 --> 01:34:32.500]  He said, Mr. Kelton, you're creating a disturbance, you're going to have to leave the building
[01:34:32.500 --> 01:34:36.500]  I looked up and said, beat it
[01:34:36.500 --> 01:34:40.500]  I'm deliberately baiting this guy
[01:34:40.500 --> 01:34:44.500]  So the sergeant came over, he was the smartest guy in the building
[01:34:44.500 --> 01:34:47.500]  He said, leave him alone, leave him alone
[01:34:47.500 --> 01:34:51.500]  He's just trying to get you to do something so he can file charges against you
[01:34:51.500 --> 01:34:56.500]  And I looked up at the bailiff and I said, you should listen to him
[01:34:56.500 --> 01:34:59.500]  He's really smart
[01:34:59.500 --> 01:35:01.500]  So they went away
[01:35:01.500 --> 01:35:05.500]  And then the lieutenant and the clerk came out, this was the district clerk
[01:35:05.500 --> 01:35:08.500]  And she's got a handful of folders
[01:35:08.500 --> 01:35:13.500]  The lieutenant started to say something and I said, stop, stop, stop, and they're both hands
[01:35:13.500 --> 01:35:16.500]  I can't be talking to you
[01:35:16.500 --> 01:35:18.500]  I've called someone, they're coming
[01:35:18.500 --> 01:35:21.500]  They will take a complete statement from me
[01:35:21.500 --> 01:35:25.500]  But since I'll be filing criminal accusations against both of you
[01:35:25.500 --> 01:35:29.500]  It would be inappropriate for us to have any further conversation
[01:35:29.500 --> 01:35:35.500]  And the bailiff said, the sergeant said, well, she has the document you asked for
[01:35:35.500 --> 01:35:43.500]  I looked up at the bailiff and said, sorry, Bubba, that bail's already been rung
[01:35:43.500 --> 01:35:51.500]  And the look on the clerk's face was absolutely priceless
[01:35:51.500 --> 01:35:56.500]  Now, I did not pursue that issue
[01:35:56.500 --> 01:35:59.500]  We got too many battles to fight
[01:35:59.500 --> 01:36:04.500]  My point and my purpose was not to get the clerk prosecuted
[01:36:04.500 --> 01:36:09.500]  My purpose was to get the clerk to file a law
[01:36:09.500 --> 01:36:19.500]  And I can almost absolutely assure you that if you go to Canyon County, Texas
[01:36:19.500 --> 01:36:22.500]  That's County Amarilisian
[01:36:22.500 --> 01:36:24.500]  I'm sorry, Randall County
[01:36:24.500 --> 01:36:26.500]  It's in Canyon City, Texas
[01:36:26.500 --> 01:36:30.500]  And you ask to see some physical files
[01:36:30.500 --> 01:36:36.500]  They're going to follow all over themselves getting you those physical files
[01:36:36.500 --> 01:36:43.500]  BJ, you filed documents with the court
[01:36:43.500 --> 01:36:51.500]  They became government documents, the instant the court received them
[01:36:51.500 --> 01:36:58.500]  This thing about email and fact
[01:36:58.500 --> 01:36:59.500]  That it was faxed?
[01:36:59.500 --> 01:37:01.500]  Address that
[01:37:01.500 --> 01:37:06.500]  I'm going to say that email and fax are the same thing, essentially
[01:37:06.500 --> 01:37:11.500]  So anything they say about fax, we're going to be able to say the same thing about email
[01:37:11.500 --> 01:37:14.500]  What does that say, Brett?
[01:37:14.500 --> 01:37:16.500]  Well, I think that's reasonable
[01:37:16.500 --> 01:37:21.500]  It doesn't actually say that, but it doesn't say anything else either
[01:37:21.500 --> 01:37:23.500]  How about email?
[01:37:23.500 --> 01:37:27.500]  So when they received it, they received it
[01:37:27.500 --> 01:37:28.500]  That's right
[01:37:28.500 --> 01:37:31.500]  Services deemed complete upon receipt
[01:37:31.500 --> 01:37:37.500]  Once it's in the hands of the clerk, the duties on the clerk
[01:37:37.500 --> 01:37:41.500]  Do not care what the judge told her
[01:37:41.500 --> 01:37:45.500]  If she wants to do what the clerk told her
[01:37:45.500 --> 01:37:50.500]  Well, life is filled with little decisions
[01:37:50.500 --> 01:37:53.500]  We all get to make some
[01:37:53.500 --> 01:37:56.500]  You want to make your boss happy?
[01:37:56.500 --> 01:37:58.500]  Or do you want to stay out of jail?
[01:37:58.500 --> 01:38:01.500]  Your call
[01:38:01.500 --> 01:38:05.500]  You're going to explain it to your boss, you can explain it to the grand jury
[01:38:05.500 --> 01:38:07.500]  I don't care which
[01:38:07.500 --> 01:38:10.500]  Does that sound reasonable, BJ?
[01:38:10.500 --> 01:38:12.500]  I like the sound of that
[01:38:12.500 --> 01:38:17.500]  What do you owe these guys?
[01:38:17.500 --> 01:38:20.500]  Do you owe the clerk fair warning?
[01:38:20.500 --> 01:38:22.500]  No, no
[01:38:22.500 --> 01:38:24.500]  They're not going to give you fair warning
[01:38:24.500 --> 01:38:28.500]  The policeman's not going to say, well, you were speeding
[01:38:28.500 --> 01:38:33.500]  If I see you speeding again, I'm going to give you a ticket
[01:38:33.500 --> 01:38:35.500]  They do that sometimes
[01:38:35.500 --> 01:38:41.500]  But they only do that to good looking blondes and convertibles
[01:38:41.500 --> 01:38:43.500]  So you don't owe them any fair warning
[01:38:43.500 --> 01:38:48.500]  And from the perspective of fixing the system
[01:38:48.500 --> 01:38:53.500]  It is never my intention of harming a public official's
[01:38:53.500 --> 01:38:58.500]  Reputation or his profession
[01:38:58.500 --> 01:39:01.500]  All I want to do is get his attention
[01:39:01.500 --> 01:39:07.500]  And let him know that the most dangerous person to your career
[01:39:07.500 --> 01:39:11.500]  Is the ordinary citizen who walked in the door
[01:39:11.500 --> 01:39:17.500]  You never know which one's going to land on you like a ton of bricks
[01:39:17.500 --> 01:39:22.500]  I have a prosecuting attorney in Wheatley County, Tennessee
[01:39:22.500 --> 01:39:26.500]  Who is about to find that out
[01:39:26.500 --> 01:39:28.500]  Okay
[01:39:28.500 --> 01:39:31.500]  Where are we, BJ?
[01:39:31.500 --> 01:39:37.500]  So the question I had for Brett specifically is
[01:39:37.500 --> 01:39:41.500]  How did you find out who your prosecuting attorney was going to be?
[01:39:41.500 --> 01:39:43.500]  Because I called the DA's office today
[01:39:43.500 --> 01:39:48.500]  And they said they would not tell me who it was
[01:39:48.500 --> 01:39:52.500]  And they had also given me an email address
[01:39:52.500 --> 01:39:56.500]  To file with them, their clerk did
[01:39:56.500 --> 01:39:58.500]  And I called the check
[01:39:58.500 --> 01:40:01.500]  Okay, one comment on that
[01:40:01.500 --> 01:40:07.500]  Do not file anything with the district attorney
[01:40:07.500 --> 01:40:09.500]  I'm not required to
[01:40:09.500 --> 01:40:12.500]  Only file with the clerk
[01:40:12.500 --> 01:40:17.500]  If it's not filed with the clerk, it's not filed
[01:40:17.500 --> 01:40:18.500]  Right
[01:40:18.500 --> 01:40:24.500]  So I'm not required by law to serve the district attorney's office
[01:40:24.500 --> 01:40:27.500]  To pay for work at the midst of the court
[01:40:27.500 --> 01:40:33.500]  The court is the litigant, not the prosecutor
[01:40:33.500 --> 01:40:39.500]  The prosecutor is the client, is the representative of the state
[01:40:39.500 --> 01:40:41.500]  The state is his client
[01:40:41.500 --> 01:40:44.500]  You send the documents to the client
[01:40:44.500 --> 01:40:47.500]  If the client doesn't give them to the prosecutor
[01:40:47.500 --> 01:40:50.500]  Their problem, not your problem
[01:40:50.500 --> 01:40:54.500]  Is this the city of Rockwall or is it Rockwall County?
[01:40:54.500 --> 01:40:56.500]  Rockwall County
[01:40:56.500 --> 01:41:01.500]  Yes, this is the sheriff's office I was dealing with
[01:41:01.500 --> 01:41:05.500]  I might be mistaken because I was sending things to the prosecutor as well
[01:41:05.500 --> 01:41:11.500]  I was sending it to all parties and I said to myself, well, self, that must be the DA
[01:41:11.500 --> 01:41:14.500]  DA's not a party
[01:41:14.500 --> 01:41:17.500]  Since he's presenting the state
[01:41:17.500 --> 01:41:20.500]  Now, they've got a problem over there
[01:41:20.500 --> 01:41:25.500]  They have an assistant DA taking up almost every time
[01:41:25.500 --> 01:41:30.500]  An assistant DA will be the one to take the case up
[01:41:30.500 --> 01:41:33.500]  And according to law, he's not authorized
[01:41:33.500 --> 01:41:35.500]  He cannot have the DA's place
[01:41:35.500 --> 01:41:37.500]  I don't care if he's an assistant
[01:41:37.500 --> 01:41:40.500]  The law specifies who's authorized and it's not him
[01:41:40.500 --> 01:41:43.500]  Well, okay, what that goes through
[01:41:43.500 --> 01:41:50.500]  If the assistant district attorney stands in the shoes of the district attorney
[01:41:50.500 --> 01:41:52.500]  By what law?
[01:41:52.500 --> 01:41:57.500]  Oh, this is respondeat superior
[01:41:57.500 --> 01:42:02.500]  The head of the department is the only one answerable
[01:42:02.500 --> 01:42:06.500]  Everybody works for him, works under his direction
[01:42:06.500 --> 01:42:11.500]  He is responsible under the doctrine of respondeat superior
[01:42:11.500 --> 01:42:15.500]  He's responsible, yes, but that doesn't mean that the lower ones are authorized, does it?
[01:42:15.500 --> 01:42:17.500]  The ones who... he hired somebody
[01:42:17.500 --> 01:42:19.500]  We didn't elect these people
[01:42:19.500 --> 01:42:22.500]  It could be a janitor, for all I know
[01:42:22.500 --> 01:42:25.500]  He can delegate that authority, but he's responsible
[01:42:25.500 --> 01:42:31.500]  So we don't care who he hires
[01:42:31.500 --> 01:42:33.500]  We don't even want to hear about it
[01:42:33.500 --> 01:42:35.500]  Don't care what his name is
[01:42:35.500 --> 01:42:44.500]  Anything that's done by any functionary of a department is done by the director of the department
[01:42:44.500 --> 01:42:48.500]  You hired the director, the director hired everybody else
[01:42:48.500 --> 01:42:52.500]  He is under the doctrine of respondeat superior
[01:42:52.500 --> 01:42:55.500]  He's responsible for everything everybody does
[01:42:55.500 --> 01:43:00.500]  Too complex to try to keep up with all these individual functionaries
[01:43:00.500 --> 01:43:06.500]  If the functionary is acting under the color of the authority of the department
[01:43:06.500 --> 01:43:08.500]  The director of the department
[01:43:08.500 --> 01:43:12.500]  Unless the person has no connection
[01:43:12.500 --> 01:43:14.500]  In that case, it's impersonated
[01:43:14.500 --> 01:43:22.500]  But if the person is an employee, then he's to be directed by the director of the department
[01:43:22.500 --> 01:43:26.500]  And he works as if he were the director
[01:43:26.500 --> 01:43:30.500]  And we as the master of the servant
[01:43:30.500 --> 01:43:33.500]  We don't care about employees
[01:43:33.500 --> 01:43:37.500]  That makes a lot of sense when it comes to holding them accountable
[01:43:37.500 --> 01:43:41.500]  The part that's sticking in my craw is the part about
[01:43:41.500 --> 01:43:44.500]  They have no lawful authority
[01:43:44.500 --> 01:43:46.500]  So they're doing this third time
[01:43:46.500 --> 01:43:49.500]  Hang on, we're about to go to break
[01:43:49.500 --> 01:43:52.500]  Randy Kelton, Brett Soutton, we have our radio
[01:43:52.500 --> 01:43:57.500]  We'll be right back
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[01:46:26.500 --> 01:46:29.500]  Okay, he's checking my drugs in the wrong
[01:46:29.500 --> 01:46:31.500]  Come on, he's begging Jerry, come on
[01:46:39.500 --> 01:46:41.500]  Okay, we are back
[01:46:41.500 --> 01:46:44.500]  Randy Kalkin, Brett Fountain, rule of law radio
[01:46:44.500 --> 01:46:47.500]  And going to Brett, Brett wants to talk about rule 12
[01:46:47.500 --> 01:46:48.500]  Go ahead, Brett
[01:46:48.500 --> 01:46:49.500]  Yes
[01:46:49.500 --> 01:46:51.500]  Well
[01:46:51.500 --> 01:46:55.500]  When we were just about to get to the music there
[01:46:55.500 --> 01:46:58.500]  Randy saved me from going off the cliffs
[01:46:58.500 --> 01:47:01.500]  So I appreciate that
[01:47:03.500 --> 01:47:05.500]  BJ, in your situation there
[01:47:05.500 --> 01:47:10.500]  One thing that could be interesting to you is the Texas Rules of Civil Procedure
[01:47:10.500 --> 01:47:12.500]  And it's rule 12
[01:47:12.500 --> 01:47:16.500]  And it says the attorney has to show authority
[01:47:16.500 --> 01:47:23.500]  It says that if there's a party that believes that the suit is being prosecuted
[01:47:23.500 --> 01:47:26.500]  Or defended without authority
[01:47:26.500 --> 01:47:30.500]  He causes the attorney to be cited to appear before the court
[01:47:30.500 --> 01:47:33.500]  And show his authority to act
[01:47:35.500 --> 01:47:39.500]  So the burden of proof goes on to the attorney as soon as you file this
[01:47:39.500 --> 01:47:44.500]  And he has to come up with where did he get his authority
[01:47:44.500 --> 01:47:48.500]  And there's only one thing he can do
[01:47:48.500 --> 01:47:53.500]  He can either, he can bring the proper paperwork
[01:47:53.500 --> 01:47:57.500]  And that is either going to be an indictment or an information
[01:47:57.500 --> 01:48:03.500]  Or else your waiver that you gave him permission to prosecute you
[01:48:03.500 --> 01:48:09.500]  You elected to be prosecuted on a mere written notice without him having to come up with the original paperwork
[01:48:09.500 --> 01:48:14.500]  That's the only document he can produce that's going to satisfy the requirement
[01:48:14.500 --> 01:48:18.500]  For him to prove he has authority
[01:48:18.500 --> 01:48:24.500]  Okay, we need to produce a motion to that effect
[01:48:24.500 --> 01:48:29.500]  And add it, and I'll upload it to the ticket site
[01:48:29.500 --> 01:48:32.500]  I've got one of those, that helped somebody out
[01:48:32.500 --> 01:48:36.500]  Bid mine and did that for somebody else as well, I'll send it over to you
[01:48:36.500 --> 01:48:39.500]  Oh, good
[01:48:39.500 --> 01:48:43.500]  The more, the more paperwork we can send them the better
[01:48:43.500 --> 01:48:46.500]  And the fact that we can now do it by email
[01:48:46.500 --> 01:48:52.500]  Oh, that greatly relieves the burden
[01:48:52.500 --> 01:48:58.500]  So what we do have to work up is an easy way to do verifications
[01:48:58.500 --> 01:49:00.500]  Well, there's one of that too
[01:49:00.500 --> 01:49:07.500]  I found out that in the Texas Civil Practices and Remedies Code, it has a chapter 132
[01:49:07.500 --> 01:49:15.500]  And it says that if you, anything that can be a sworn declaration can also be an unsworn declaration
[01:49:15.500 --> 01:49:21.500]  And what that means is you put on there in place of the notary chunk
[01:49:21.500 --> 01:49:26.500]  You put on there and you promise it's you and here's your full name and here's your date of birth
[01:49:26.500 --> 01:49:29.500]  And I promise under penalty of burgery that it's really means doing this
[01:49:29.500 --> 01:49:33.500]  And you sign it and that's just as good as a notary
[01:49:33.500 --> 01:49:37.500]  Oh, I definitely need that
[01:49:37.500 --> 01:49:47.500]  Because what I want people to do is we'll explain to them how to sign a piece of paper 20 times
[01:49:47.500 --> 01:49:52.500]  And then run it into a Photoshop type program
[01:49:52.500 --> 01:49:57.500]  And just block out each signature and save it as a separate file
[01:49:57.500 --> 01:50:03.500]  And then you can do file insert picture and drop it in and shrink it down
[01:50:03.500 --> 01:50:11.500]  Drop it on your signature line and do everything electronic
[01:50:11.500 --> 01:50:15.500]  Yeah, you don't even have to do that about the signing part
[01:50:15.500 --> 01:50:18.500]  You can just put a slash s slash
[01:50:18.500 --> 01:50:20.500]  That's what the lawyers do
[01:50:20.500 --> 01:50:26.500]  Yeah, that is for e-filing I know with the state and federal courts except that
[01:50:26.500 --> 01:50:31.500]  I guess we could do that with any documents and let them argue that it's insufficient
[01:50:31.500 --> 01:50:36.500]  I have been doing that for a while and I have not had any one person complain about it
[01:50:36.500 --> 01:50:37.500]  Good
[01:50:37.500 --> 01:50:41.500]  Not even the prosecutors that are clueless, they don't even say anything
[01:50:41.500 --> 01:50:46.500]  Then I can go into the documents on the website, ticket website
[01:50:46.500 --> 01:50:56.500]  And set those codes in there so it will automatically put the person's name in under the slash s
[01:50:56.500 --> 01:50:57.500]  Oh, wonderful, wonderful
[01:50:57.500 --> 01:51:02.500]  There are a few motions that it says they must be sworn
[01:51:02.500 --> 01:51:08.500]  And I don't know, I haven't been pushing the thing about the Civil Practices and Remedies Code
[01:51:08.500 --> 01:51:13.500]  Chapter 132, I can test that out next time I have the occasion to
[01:51:13.500 --> 01:51:16.500]  Or maybe BJU might want to
[01:51:16.500 --> 01:51:19.500]  But I think motion for disqualification might be one of them
[01:51:19.500 --> 01:51:22.500]  Or you have to, it has to be sworn
[01:51:22.500 --> 01:51:26.500]  And so for those I will continue to use a notary
[01:51:26.500 --> 01:51:33.500]  Hold on, I think there, it's been a long time since I've researched this particular area
[01:51:33.500 --> 01:51:38.500]  But as I understand, a document that is required to be sworn
[01:51:38.500 --> 01:51:47.500]  Only becomes an issue if the lack of verification is objected to by opposing side
[01:51:47.500 --> 01:51:53.500]  And then, the filing party has opportunity to rectify it
[01:51:53.500 --> 01:51:58.500]  So that should not be a problem
[01:51:58.500 --> 01:52:05.500]  And I can write an argument to that effect
[01:52:05.500 --> 01:52:10.500]  So that we're ready for everything they bring up
[01:52:10.500 --> 01:52:13.500]  This ticket site is going to really get ugly
[01:52:13.500 --> 01:52:18.500]  Especially when I open up the second section
[01:52:18.500 --> 01:52:21.500]  BJ, I'm sorry, go ahead
[01:52:21.500 --> 01:52:26.500]  Yeah, we've kind of, we can't hear BJ, somebody didn't unmute him
[01:52:26.500 --> 01:52:29.500]  Okay, BJ, we've kind of left you in the background
[01:52:29.500 --> 01:52:31.500]  Okay
[01:52:31.500 --> 01:52:34.500]  What were you saying, Brett?
[01:52:34.500 --> 01:52:36.500]  I was just going to ask if that makes sense
[01:52:36.500 --> 01:52:39.500]  Or does that go along with what you're needing
[01:52:39.500 --> 01:52:41.500]  Or is there a different something else on your mind?
[01:52:41.500 --> 01:52:44.500]  No, that pretty much covered it
[01:52:44.500 --> 01:52:48.500]  The last thing I have as a question for you guys is
[01:52:48.500 --> 01:52:54.500]  I looked on the county document filing website
[01:52:54.500 --> 01:53:00.500]  And even they use the state's e-filing portal, you know
[01:53:00.500 --> 01:53:04.500]  So I looked in, made an account and went to look up my case
[01:53:04.500 --> 01:53:08.500]  And it's not even there
[01:53:08.500 --> 01:53:12.500]  So I'm supposed to go inspect the documents for the open records request
[01:53:12.500 --> 01:53:16.500]  On Monday to view it in person
[01:53:16.500 --> 01:53:20.500]  And I'm curious, what if, I'm curious if there is
[01:53:20.500 --> 01:53:25.500]  Okay, let me give you some instruction
[01:53:25.500 --> 01:53:29.500]  When you go in to look at these documents
[01:53:29.500 --> 01:53:35.500]  Almost certainly they're going to have someone standing over your shoulder
[01:53:35.500 --> 01:53:41.500]  Ostensibly to make sure that nothing happens to these documents
[01:53:41.500 --> 01:53:44.500]  Which I can photograph and everything, right?
[01:53:44.500 --> 01:53:49.500]  Yes, but don't allow that
[01:53:49.500 --> 01:53:55.500]  Sheriff's Department, Wise County, Texas, I asked for some documentation
[01:53:55.500 --> 01:53:59.500]  Spent a whole day with a captain on the Sheriff's Department
[01:53:59.500 --> 01:54:04.500]  Going through all of the documents they collect and how they name them
[01:54:04.500 --> 01:54:08.500]  And once I got that done, then I made specific requests
[01:54:08.500 --> 01:54:13.500]  I always make requests that ask for information I don't care about
[01:54:13.500 --> 01:54:17.500]  Because I don't want them to know what I'm looking for
[01:54:17.500 --> 01:54:20.500]  So I go through that routine
[01:54:20.500 --> 01:54:25.500]  And I get to the Sheriff's Department and they got a big stack of documents sitting there
[01:54:25.500 --> 01:54:29.500]  And I said, they gave me a desk and I sat down at this desk
[01:54:29.500 --> 01:54:34.500]  And this Sheriff's Deputy standing next to me with her arms folded
[01:54:34.500 --> 01:54:37.500]  I looked up, can I help you?
[01:54:37.500 --> 01:54:41.500]  Well, I need to make sure that nothing happens to these documents
[01:54:41.500 --> 01:54:47.500]  No ma'am, what you need to do is get the heck out of here
[01:54:47.500 --> 01:54:52.500]  You cannot see what I'm looking at
[01:54:52.500 --> 01:54:55.500]  Well, I have to protect these documents
[01:54:55.500 --> 01:55:01.500]  Well, either I will be given full facility to examine these documents
[01:55:01.500 --> 01:55:04.500]  Without you knowing what I'm looking for
[01:55:04.500 --> 01:55:09.500]  Or I will call 911 and have someone come and arrest you
[01:55:09.500 --> 01:55:11.500]  Your call
[01:55:11.500 --> 01:55:14.500]  I'll be right back
[01:55:14.500 --> 01:55:19.500]  Because the Doug Whitehead was the Captain's Sheriff's Department at the time
[01:55:19.500 --> 01:55:23.500]  He was right across the hall, he went across the hall, talked to him a little while, came back
[01:55:23.500 --> 01:55:27.500]  If you need me, I'll be in the next office
[01:55:27.500 --> 01:55:29.500]  Thank you
[01:55:29.500 --> 01:55:32.500]  I went through all these documents
[01:55:32.500 --> 01:55:36.500]  And I got a stack of them I needed to copy some
[01:55:36.500 --> 01:55:39.500]  So I went to Doug Whitehead
[01:55:39.500 --> 01:55:46.500]  Doug Whitehead was about six feet tall and he was almost big around as he was tall
[01:55:46.500 --> 01:55:51.500]  Went to his office and he stepped up in the doorway, he didn't want me coming in
[01:55:51.500 --> 01:55:58.500]  What can I do for you? I have a bunch of documents here that I need copies of
[01:55:58.500 --> 01:56:03.500]  But I need a copy or so that I can copy them so that you can't
[01:56:03.500 --> 01:56:06.500]  So nobody knows what I'm actually looking for
[01:56:06.500 --> 01:56:10.500]  And he said, well, just a moment, he took his pen out of his pocket
[01:56:10.500 --> 01:56:14.500]  And it slipped out of his hand and he dropped it
[01:56:14.500 --> 01:56:19.500]  He looked down at his pen, then looked up at me
[01:56:19.500 --> 01:56:26.500]  He took one step back, put a hand on each side of the door facing
[01:56:26.500 --> 01:56:30.500]  leaned forward and walked himself down
[01:56:30.500 --> 01:56:34.500]  He was so fat he couldn't bend over
[01:56:34.500 --> 01:56:39.500]  And just when he got low enough, I reached, bent over and picked up his pen
[01:56:39.500 --> 01:56:41.500]  I said, here, let me get that for you
[01:56:41.500 --> 01:56:45.500]  And he's almost bent double with his hand on the door facing
[01:56:45.500 --> 01:56:53.500]  And he looked up at me with this look that said, if I could get to my gun, I would shoot you
[01:56:53.500 --> 01:56:59.500]  So they sent me into this
[01:56:59.500 --> 01:57:05.500]  They waited about 20 minutes and they sent me into a holding cell
[01:57:05.500 --> 01:57:10.500]  They had set up a copier in the holding cell
[01:57:10.500 --> 01:57:15.500]  And I'm wondering, why did they do this? Why here?
[01:57:15.500 --> 01:57:19.500]  And I went into the holding cell and I'm in a suit
[01:57:19.500 --> 01:57:27.500]  And I looked around and I looked up and there's a video camera pointing right at the copier
[01:57:27.500 --> 01:57:35.500]  I looked up at it, waved at the video, took off my jacket and hung it over the video camera
[01:57:35.500 --> 01:57:43.500]  And the jailers in the office right next to me, I heard them just cackling
[01:57:43.500 --> 01:57:45.500]  I made my copies
[01:57:45.500 --> 01:57:51.500]  Point of this is, they don't get to know what you're looking for
[01:57:51.500 --> 01:57:58.500]  And you make requests, add stuff to the request that you don't care about
[01:57:58.500 --> 01:58:07.500]  If they don't know what you're looking for, they will assume that you're looking for the one thing they most want to hide
[01:58:07.500 --> 01:58:11.500]  Make some crazy
[01:58:11.500 --> 01:58:13.500]  Okay, about to go to break
[01:58:13.500 --> 01:58:17.500]  Randy Kelton, Brett Fountain, Roodle Law Radio
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