[00:00.000 --> 00:06.720]  The following news flash is brought to you by the Lowstar Lowdowns.
[00:06.720 --> 00:13.040]  Markets for Monday the 22nd of July 2019, open with Precious Metals, Gold $1,429 an ounce,
[00:13.040 --> 00:21.360]  Silver $16.45 an ounce, Copper $2.75 an ounce, Oil, Texas Crude $55.63 a barrel, Brent Crude
[00:21.360 --> 00:29.960]  $62.47 a barrel, and Cryptos in order of Market Cap, Bitcoin Core $10,566.52, Ethereum $2.50
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[00:41.320 --> 00:52.280]  Today in history, the year 1916, the preparedness day bombing, a time suitcase bomb, was detonated
[00:52.280 --> 00:58.200]  on Market Street in San Francisco during the World War I preparedness day parade, killing 10 and
[00:58.200 --> 01:09.000]  entering 40. In recent news, since Governor Greg Abbott signed House Bill 1325, legalizing
[01:09.000 --> 01:13.640]  heaven attacks his law back in June, county prosecutors around the state including Houston,
[01:13.640 --> 01:18.040]  Austin and San Antonio have been dropping marijuana possession charges and even refusing to file
[01:18.040 --> 01:22.600]  new ones, since they are stipulating that they do not have the time or the laboratory equipment
[01:22.600 --> 01:27.720]  to test the herb for THC. Margaret Moore, the Travis County District Attorney announced earlier
[01:27.720 --> 01:32.360]  this month that she was dismissing 32 felony possession and delivery of marijuana cases
[01:32.360 --> 01:37.000]  because of the law. Mr. Abbott and other state officials including the Attorney General stipulated
[01:37.000 --> 01:42.040]  in a letter that county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.040 --> 01:48.280]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as well
[01:48.280 --> 01:54.840]  as other cities too like the district attorney. In El Paso, Kyma Esparza, a Democrat who also
[01:54.840 --> 01:59.640]  stated earlier this month that the law, quote, will not have an effect on the prosecution of
[01:59.640 --> 02:05.000]  marijuana cases in El Paso. However, the issue was succinctly summarized by Mr. Brandon Ball,
[02:05.000 --> 02:09.720]  an assistant public defender in Harris County who stated that quote, the law is constantly
[02:09.720 --> 02:14.120]  changing on what makes something illegal based on its chemical makeup. It's important that if
[02:14.120 --> 02:17.960]  someone is charged with something, the test matches what they're charged with.
[02:17.960 --> 02:27.720]  A paper by Tulane University identified a five and a half inch American pocket shark. As the first
[02:27.720 --> 02:33.400]  of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured
[02:33.400 --> 02:39.320]  or recorded with the other one being found way back in 1979 in the East Pacific Ocean. According
[02:39.320 --> 02:45.320]  to the university paper, the shark secretes a luminous fluid from a gland near its front fins
[02:45.320 --> 02:50.280]  for the purposes hypothesized to lure and prey who may be drawn into the glow.
[03:15.560 --> 03:26.280]  for you
[03:38.280 --> 03:44.600]  when you were it and your head that tree will go to school and learn to go then lose so why are
[03:44.600 --> 03:50.760]  you acting like a bloody fool if you're gonna think you must just prove bad boys bad boys
[03:50.760 --> 03:56.600]  what you're gonna do or what you're gonna do when they come for you bad boys bad boys what you're
[03:56.600 --> 04:05.640]  gonna do or what you're gonna do when they come for you okay howdy howdy this is randy kelton
[04:05.640 --> 04:15.560]  Debra Stevens rule of law radio here with our new co-host Brett fountain and on this the 25th
[04:15.560 --> 04:27.480]  day of july 2018 that is thursday the 25th of july i'll get this right in a minute anyway okay
[04:28.360 --> 04:33.320]  phone lines are open we'll be taking your calls all night or call in number 512
[04:33.320 --> 04:46.200]  646 1984 and we're going to go back to 20 say 2714 Brett yes the prosecutor do fall yes yes
[04:48.120 --> 04:54.440]  well those prosecutors they okay as we've seen everywhere else in the code of criminal procedure
[04:55.160 --> 05:01.640]  if there's a crime then there's a certain process that they have to follow they can't just
[05:01.640 --> 05:06.200]  drag you into court and expect you to pay they have to go through certain steps
[05:07.800 --> 05:14.760]  to commence a case and they have to do it by the authorized individuals not just anybody's allowed
[05:14.760 --> 05:24.840]  to do this and they have to have the appropriate paperwork to do that with and we've seen everywhere
[05:24.840 --> 05:34.040]  else from the texas constitution to every bit of the code of criminal procedure we've seen
[05:34.040 --> 05:41.400]  that it is the criminal complaint is the basis of a document called an information it's kind of
[05:41.400 --> 05:45.720]  confusing that they name it that but that's what its official name is it's called an information
[05:45.720 --> 05:53.160]  and it's based on the criminal complaint those have to be presented together to the proper court
[05:53.160 --> 06:03.480]  and then the action of presenting those documents invokes or wakes up the jurisdiction of that court
[06:03.480 --> 06:08.200]  to go and deal with you and adjudicate your case well that's a lot of extra steps that they don't
[06:08.200 --> 06:13.880]  like to take they would much rather if they can just tell you that you need to come in and go
[06:13.880 --> 06:20.680]  ahead and hit her a plea and that's what everybody does without knowing people come and show up
[06:20.680 --> 06:27.400]  day in day out by the thousands line up talk to the clerk enter their plea they've never even seen
[06:27.400 --> 06:34.680]  any charging instrument and once they do that they've they sign this little thing that says
[06:34.680 --> 06:42.280]  that they want a court date well later plead guilty or they say well i'm innocent and then
[06:42.280 --> 06:47.560]  they say well so not guilty and they sign a little thing that says that you want to take it to court
[06:47.560 --> 06:54.840]  most people think that's the only option they have well unfortunately they were pulling a quick
[06:54.840 --> 06:59.800]  one on us and whenever we've gone and signed that little thing that says we want to go ahead and take
[06:59.800 --> 07:09.400]  it to court we have just given them our permission to skip all of the due process and proceed against
[07:09.400 --> 07:20.360]  us without having to do any of it and it turns out really bad for us if we go that route ask
[07:20.360 --> 07:31.320]  me how i know so how do you know the way that they do this is something called the code of
[07:31.320 --> 07:40.120]  criminal procedure 27 about 14 and it's subsection d and it allows for someone who's accused of a
[07:40.120 --> 07:45.400]  crime to go ahead and agree with the prosecutor or agree with they don't even have to be an
[07:45.400 --> 07:50.920]  authorized prosecutor it could just be any old system a city attorney or anybody you're being
[07:50.920 --> 07:55.160]  accused of something and you just go ahead and skip to the end and you say yeah yeah i know i
[07:55.160 --> 08:00.840]  agree i realize i messed up and yeah how much do i need to pay you you're skipping to the end
[08:00.840 --> 08:08.200]  that's what that particular let me go pull that up really quick and texas code of criminal procedure
[08:08.200 --> 08:21.160]  and it's 27 14 and we will look at it's it's kind of a large one so we'll take a look at
[08:21.160 --> 08:35.320]  that subsection d as in delta and you'll see a mirror where it's 28 if written notice of an
[08:35.320 --> 08:43.560]  offense from which maximum possible punishment is by fine only and that's what they are dealing
[08:43.560 --> 08:50.200]  with most of these are traffic violations that's the that's the lion's share of everything they
[08:50.200 --> 08:58.600]  bring people into the court for or of a violation relating to the manner time and place of parking
[08:59.480 --> 09:04.200]  that was the original intent of this was all about if you just had a parking offense and you
[09:04.200 --> 09:12.280]  want to skip all of the due process and just pay the 25 bucks and be done so if it's been
[09:12.280 --> 09:18.680]  that notice has been prepared delivered and filed with the court and a legible duplicate copy has
[09:18.680 --> 09:25.080]  been given to the defendant the written notice serves as a complaint to which the defendant may
[09:25.080 --> 09:34.120]  plead guilty not guilty or no low-contentery that's the no contest so they only offer three options
[09:34.120 --> 09:41.400]  for this particular kind of loophole here and if the defendant pleads not guilty or fails to appear
[09:41.400 --> 09:47.640]  based on the written notice a complaint shall be filed that conforms to the requirements of chapter
[09:47.640 --> 09:59.560]  45 of this code whoa whoa wait pause why would they have to say here that a complaint shall be filed
[10:00.840 --> 10:06.120]  number one why is it being filed after the fact and number two why are they saying
[10:06.760 --> 10:15.000]  some specifying some different requirements for this particular complaint well normally a complaint
[10:15.000 --> 10:23.480]  comes first right it's the basis of an information so you can't be charged with something formally
[10:23.480 --> 10:30.360]  accused without there being a complaint and then they draw up an information based on the complaint
[10:31.000 --> 10:37.400]  however in this situation if they can get you to just say well I don't know what I'm not guilty
[10:38.040 --> 10:41.720]  if they can get you to sign something that says that you're going to just go ahead and deal with
[10:41.720 --> 10:48.360]  this in court well you have just given them the opportunity to skip all of that and now they're
[10:48.360 --> 10:53.080]  going to file a different complaint after the fact they didn't have any charging instrument before
[10:53.080 --> 10:57.880]  but now they're going to go make up one and it doesn't have to comply with the code of criminal
[10:57.880 --> 11:09.800]  procedure 1504 and 1505 it has to comply with chapter 45 which is chapter 45 as the municipal
[11:09.800 --> 11:16.760]  courts and JP courts will love to tell you that's all about municipal and JP and it has some
[11:17.400 --> 11:25.400]  specific things that happen that are only for the municipal and JP courts but that doesn't have
[11:25.400 --> 11:31.720]  everything in there so something that's not mentioned in chapter 45 by law has to refer
[11:31.720 --> 11:37.080]  back out to the whole rest of the code and the whole rest of the laws and it even says so I believe
[11:37.080 --> 11:49.000]  it's 4502 that specifically says that that if there's no mention in let's say 45 yes 4502
[11:49.720 --> 11:55.880]  if there's no mention of something in chapter 45 that needs to be part of normal process
[11:57.080 --> 12:03.880]  then you apply the rest of the code as needed even the rest of code of criminal procedure the rest
[12:03.880 --> 12:09.800]  of the rules of civil procedure whatever you need that's that's provided for by law but it's not
[12:09.800 --> 12:18.760]  specifically overridden by chapter 45 so here we have in chapter 45 they have a certain kind of
[12:18.760 --> 12:26.600]  complaint that is made to deal with things like code enforcement your grass is too tall you spit
[12:26.600 --> 12:34.120]  on the concrete and you for whatever reason it's some little something that you weren't allowed to do
[12:35.400 --> 12:40.440]  but it's based on municipal rules and they have a specific way that they deal with that
[12:41.480 --> 12:51.880]  and there it is in chapter 45 it has the complaint in 4508 and 019 and this complaint is very similar
[12:51.880 --> 12:59.240]  but it also allows for more people that are within the city to deal with it
[13:00.440 --> 13:07.880]  and if you had a real complaint let's call it real because let's compare it to the contrast
[13:07.880 --> 13:16.120]  with the kind that's for crimes in the whole rest of the law and that one in chapter 15
[13:16.120 --> 13:26.680]  1504 and 1505 that one can't be presented to the court without a complaint and information being
[13:26.680 --> 13:35.960]  together and the complaint has to be sworn it has to be a sworn affidavit the information has
[13:35.960 --> 13:43.240]  to be drawn up by a district attorney or a county attorney and there are a few special
[13:43.240 --> 13:50.360]  exceptions to that if it's a county that doesn't have any of that and you can have
[13:51.320 --> 13:57.240]  maybe the head of the Texas Ranger to do something in certain circumstances but by
[13:57.240 --> 14:05.720]  and large you're looking at a lot of due process that has to happen but if you sign that in 2714d
[14:05.720 --> 14:14.920]  then you've given them the ability to skip all of that yeah as i'm reading 2714d it has to
[14:15.480 --> 14:24.600]  specifically be a waiver yes simply entering a plea does not stipulate a waiver in writing
[14:24.600 --> 14:36.120]  right it says here a defendant may waive the filing of a sworn complaint and elect that sounds
[14:36.120 --> 14:42.120]  very voluntary right and elect that the prosecution proceed on the written notice
[14:43.160 --> 14:49.240]  of the charged offense if the defendant agrees in writing with the prosecution
[14:49.240 --> 14:57.720]  signs the agreement and files it with the court so that's given the defendant the option
[14:57.720 --> 15:03.160]  to take this route and there's no pressure on the defendant to do so obviously this is something
[15:03.160 --> 15:08.520]  that the defendant can choose to do yeah but where it says signs the agreement
[15:09.720 --> 15:16.280]  a defendant okay the effect of the prosecution proceed written notice of charges if the
[15:16.280 --> 15:23.640]  offender agrees in writing and signs the agreement and above if the defendant please don't give me
[15:23.640 --> 15:34.440]  questions who is it at this implies that the agreement is not the plea the agreement is to
[15:34.440 --> 15:43.800]  proceed is to waive their right to a complaint correct and just agreeing to filing a plea
[15:43.800 --> 15:51.800]  does not meet the the requirements of agreement in this case correct it has to there has to be a
[15:51.800 --> 15:59.080]  written statement saying that they agree to waive a criminal complaint i don't think i've ever seen
[15:59.080 --> 16:07.240]  that i've heard of them but i haven't seen it right i've got a friend of mine tell the prosecutor
[16:07.240 --> 16:14.600]  in one of these towns around here told the prosecutor well i didn't sign anything to agree
[16:15.400 --> 16:22.920]  oh yes you did and the prosecutor pulled up a document that he had digitally forged my friend's
[16:22.920 --> 16:32.280]  signature onto my friend had had signed something to interuptly and they just magically put his
[16:32.280 --> 16:40.280]  signature onto another document and the prosecutor waved it in front of him my friend had the had
[16:40.280 --> 16:47.000]  the uh wherewithal the smarts to go ahead and get a copy of that and it was kind of amazing
[16:47.000 --> 16:51.560]  had all these little checkboxes on there i waived my right to do this i waive all my rights about
[16:51.560 --> 17:02.520]  that so the next day he filed some forgery criminal complaints rule of law radio is proud
[17:02.520 --> 17:06.840]  to offer the rule of law traffic seminar in today's america we live in a nuzzle against them society
[17:06.840 --> 17:10.360]  and if we the people are ever going to have a free society then we're going to have to stand
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[17:14.840 --> 17:19.000]  right to act in our own private capacity and most importantly the right to due process of law
[17:19.000 --> 17:23.240]  traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
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[18:59.800 --> 19:11.720]  net
[19:11.720 --> 19:31.720]  Look what we got, who we are, it's the Christian I wonder what's that, they don't have the answer
[19:31.720 --> 19:43.720]  Look what we got, who we are, it's the Christian I wonder what's that, they don't have the answer
[19:43.720 --> 19:51.720]  Look what we got, who we are, it's the Christian I wonder what's that, they don't have the answer
[19:51.720 --> 20:04.720]  Okay we are back, Randy Hilton, Debra Stephens here with Brett Fountain with our radio and Brett just run off the cliff
[20:04.720 --> 20:13.720]  I was supposed to be watching the clock but I was too busy ignoring the clock
[20:13.720 --> 20:24.720]  Okay, go ahead Brett, let's finish this up and then we all, we only got one caller so this is a good treatment
[20:24.720 --> 20:32.720]  I want to start putting together a set of documents to add to the traffic site
[20:32.720 --> 20:42.720]  I'm getting very close to the point that I'm going to completely rewrite the traffic site and add in some of the backside pieces
[20:42.720 --> 20:54.720]  Then that site will get really really ugly and I want every one of these documents that I can find that we can add to the stack
[20:54.720 --> 21:03.720]  I've only got 150 pages now on the first set, that's not enough, we need more than that
[21:03.720 --> 21:14.720]  I'm going to look into electronic filing in the traffic courts, if we can get that set up we can drive them crazy
[21:14.720 --> 21:22.720]  We don't have to print a lot of documents to do it and this is an issue that's very consistent
[21:22.720 --> 21:36.720]  It is so consistent that I filed a habeas corpus in the Tom DeLay case and in the Perry case because there were no criminal complaints
[21:36.720 --> 21:42.720]  Nobody ever accused them of a crime, so this is a consistent problem
[21:42.720 --> 21:59.720]  The crux was, we were down to, this only applies in Class C, Mr. Metron, it's the special exemption under Chapter 45 for certain crimes
[21:59.720 --> 22:06.720]  I wasn't clear on how that applies, why it only applies to municipal ordinances
[22:06.720 --> 22:12.720]  Okay, let me make an observation here about Chapter 45
[22:12.720 --> 22:21.720]  Chapter 45 specifies no commencement of a case
[22:21.720 --> 22:31.720]  There's nothing in Chapter 45 that talks about how to start a case in a municipal court or a justice of the peace court
[22:31.720 --> 22:41.720]  That means that per 45.002 we have to go outside of Chapter 45 to get whatever we need about a commencement of a case
[22:41.720 --> 22:51.720]  And that's pretty clear, when you look, it's right at the beginning, it's in Chapter 2, 204 and 205 talks about how a criminal case starts
[22:51.720 --> 23:01.720]  Wait, let's stress that, you have the rules of civil procedure that control cases
[23:01.720 --> 23:07.720]  Criminal is a subset of civil, that's what most people don't get
[23:07.720 --> 23:13.720]  These lawyers who say, well this is criminal, that doesn't apply, they don't get it
[23:13.720 --> 23:17.720]  The federal courts in one case said everything's civil
[23:17.720 --> 23:23.720]  And yes, everything is civil, criminal is a subset of civil
[23:23.720 --> 23:32.720]  So it has special laws for special conditions that only apply to criminal, but it doesn't address everything
[23:32.720 --> 23:37.720]  Everything it doesn't address is addressed in the rules of civil procedure
[23:37.720 --> 23:44.720]  Now Chapter 45 appears to be a subset of the rest of the penal code
[23:44.720 --> 23:52.720]  Yes, because it only has parts and where it doesn't address something, you go to the rest of the code for it
[23:52.720 --> 23:54.720]  Am I assessing that correctly?
[23:54.720 --> 23:59.720]  Yes, the rest of the code of criminal procedure talks about criminal procedure
[23:59.720 --> 24:07.720]  But then Chapter 45 specifically talks about criminal procedure that's special for municipal injustice
[24:07.720 --> 24:15.720]  It says, if this chapter does not provide a rule of procedure governing any aspect of a case
[24:15.720 --> 24:19.720]  The justice or judge, justice is another way to say JP
[24:19.720 --> 24:26.720]  The justice or judge shall apply the other general provisions of this code, code of criminal procedure
[24:26.720 --> 24:31.720]  To the extent necessary to achieve the objectives of this chapter, 45
[24:31.720 --> 24:36.720]  So there are objectives of the chapter and it talks about that up and right above it, it says 4501
[24:36.720 --> 24:41.720]  And it just has, it looks like if you read through there, it's kind of long, I won't read it here
[24:41.720 --> 24:52.720]  But it's just saying it's a more relaxed version of the rest of it because people can have dignity without undue formalism
[24:52.720 --> 24:57.720]  They do talk about serving the ends of justice and unnecessary expense or delay
[24:57.720 --> 25:07.720]  So people don't have to hire a lawyer and go through the hoops and the e-filing, oh my PDF won't, I can't get a surgical PDF
[25:07.720 --> 25:09.720]  How do I get justice?
[25:09.720 --> 25:16.720]  They can just, in the municipal court and the JP courts, there are lower bars
[25:16.720 --> 25:21.720]  There's a lower restriction for you to participate in the court proceedings
[25:21.720 --> 25:23.720]  So they have rules accordingly
[25:23.720 --> 25:28.720]  But if they don't address something in there, like the commencement of a criminal case
[25:28.720 --> 25:34.720]  Then you have to look outside of 45 because 45 doesn't provide for the commencement of a case
[25:34.720 --> 25:38.720]  So what are you going to do? Have no cases? They have to start
[25:38.720 --> 25:47.720]  So you have to look outside of chapter 45 to see what are the rules of the procedure, how does a case start in a criminal case
[25:47.720 --> 26:00.720]  And that's how we get to 204 and 205 that talk about the sworn complaint gets turned into information by the authorized individuals
[26:00.720 --> 26:08.720]  And they present both documents together to the court that have the right jurisdiction
[26:08.720 --> 26:12.720]  You said 204 and 205, are you talking about 15 or 405?
[26:12.720 --> 26:18.720]  No, those 1504 and 1505 talk about the requirements of a complaint
[26:18.720 --> 26:25.720]  Okay, 204 and 205 go to the requirements placed on a prosecuting attorney when he receives a complaint
[26:25.720 --> 26:34.720]  However, there is nothing in code that directs a complaint to a prosecuting attorney
[26:34.720 --> 26:36.720]  Right
[26:36.720 --> 26:42.720]  It just says that if they get one, this is what they have to do
[26:42.720 --> 26:50.720]  All complaints are directed to some magistrate and even when a prosecutor gets one
[26:50.720 --> 26:57.720]  One of the requirements, I think it's 05, directs him forward the complaint to some magistrate
[26:57.720 --> 27:00.720]  Yes, if it's felony, yes
[27:00.720 --> 27:03.720]  No, both
[27:03.720 --> 27:09.720]  Really? The attorney has to give it to a magistrate if it's not a felony?
[27:09.720 --> 27:11.720]  Yes
[27:11.720 --> 27:13.720]  I haven't seen that one yet
[27:13.720 --> 27:15.720]  I'll have to go back and read it
[27:15.720 --> 27:17.720]  It addresses
[27:17.720 --> 27:22.720]  If the offense be a felony, he shall forthwith file the complaint with a magistrate of the county
[27:22.720 --> 27:27.720]  But all of the rest of 204 and 205 are talking about what he should do
[27:27.720 --> 27:32.720]  The district attorney or the county attorney, he should reduce that complaint to writing
[27:32.720 --> 27:35.720]  It's not already, obviously
[27:35.720 --> 27:43.720]  And he has to file that, file the same in the court having jurisdictions
[27:43.720 --> 27:48.720]  He has to prepare an information based on the complaint
[27:48.720 --> 27:56.720]  Well, if we look at chapter 21, I believe it's 21.22
[27:56.720 --> 27:58.720]  Let's see there
[27:58.720 --> 28:00.720]  That's grand jury
[28:00.720 --> 28:02.720]  Yes, 21.22
[28:02.720 --> 28:12.720]  The clerk cannot enter a fact of an indictment into the record unless the accused has been arrested
[28:12.720 --> 28:14.720]  Remember that, right?
[28:14.720 --> 28:23.720]  I don't know where that is that you're reading, but this is 21.22
[28:23.720 --> 28:25.720]  Information based upon complaint
[28:25.720 --> 28:29.720]  Oh, I'm sorry, I'm thinking 2021
[28:29.720 --> 28:32.720]  Chapter 20 is grand jury
[28:32.720 --> 28:35.720]  I'm sorry, I'll shut up
[28:35.720 --> 28:37.720]  That's fine
[28:37.720 --> 28:42.720]  So 21, chapter 21 tells us about this document that's called an information
[28:42.720 --> 28:46.720]  It gives the requirements, it says requisites of an information
[28:46.720 --> 28:51.720]  It tells us on the details of how do you know if an information, that document that's called an information
[28:51.720 --> 28:54.720]  How do you know if it's legit?
[28:54.720 --> 29:02.720]  Well, it has to be presented and signed by the district or county attorney officially, among other requirements
[29:02.720 --> 29:05.720]  And it has to be based upon the complaint
[29:05.720 --> 29:16.720]  It has several characteristics that if they are defective, if it doesn't apply, well then you can't bring that to a court
[29:16.720 --> 29:21.720]  and expect the court to suddenly have its jurisdiction invoked
[29:21.720 --> 29:30.720]  because the arco-institution specifically says that it's the indictment or information presented to a court
[29:30.720 --> 29:32.720]  That's how you commence a case
[29:32.720 --> 29:35.720]  Okay, I'm about to go to break
[29:35.720 --> 29:40.720]  This is Randy Kelton, Deborah Stevens, here with Brett Fountain
[29:40.720 --> 29:44.720]  A call in number 512-646-1984
[29:44.720 --> 29:46.720]  We'll be taking your calls all night
[29:46.720 --> 29:51.720]  We'll finish this up shortly on the other side and then we'll start going to your callers
[29:51.720 --> 30:17.720]  We'll be right back
[30:22.720 --> 30:25.720]  You'll find your freedoms will start to vanish too
[30:25.720 --> 30:30.720]  So protect your rights, say no to surveillance and keep your information to yourself
[30:30.720 --> 30:33.720]  Privacy, it's worth hanging on to
[30:33.720 --> 30:37.720]  This public service announcement is brought to you by StartPage.com
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[30:51.720 --> 30:53.720]  But what happens if it escapes their control?
[30:53.720 --> 30:55.720]  It's not an idle question
[30:55.720 --> 31:03.720]  According to a recent survey, a shocking 90% of US companies admit their security was breached by hackers in the last year
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[31:11.720 --> 31:15.720]  They've never been hacked, but even if they were, there would be nothing for criminals to see
[31:15.720 --> 31:17.720]  The cupboard would be bare
[31:17.720 --> 31:20.720]  Too bad other companies don't treat your data the same way
[31:20.720 --> 31:42.720]  I lost my son, my uncle, on September 11, 2000
[31:42.720 --> 31:50.720]  The official explanation is that fire brought down building 7, over 1200 architects and engineers
[31:50.720 --> 31:52.720]  And believe there is more to the story
[31:52.720 --> 31:57.720]  Bring justice to my son, my uncle, my nephew, my son, go to building what.org
[31:57.720 --> 32:00.720]  Why it fell, why it matters, and what you can do
[32:00.720 --> 32:02.720]  Hey, it's Danny here for Hill Country Home Improvements
[32:02.720 --> 32:05.720]  Did your home receive hail or wind damage from the recent storms?
[32:05.720 --> 32:08.720]  Come on, we all know the government caused it with their chemtrails
[32:08.720 --> 32:10.720]  Good luck getting them to pay for it
[32:10.720 --> 32:12.720]  Okay, I might be kidding about the chemtrails
[32:12.720 --> 32:13.720]  But I'm serious about your roof
[32:13.720 --> 32:15.720]  That's why you have insurance
[32:15.720 --> 32:20.720]  And Hill Country Home Improvements can handle the claim for you with little to no out-of-pocket expense
[32:20.720 --> 32:21.720]  And we accept Bitcoin
[32:21.720 --> 32:26.720]  As a multi-year A-plus member of the Better Business Bureau with zero complaints
[32:26.720 --> 32:31.720]  You can trust Hill Country Home Improvements to handle your claim and your roof right the first time
[32:31.720 --> 32:37.720]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com
[32:37.720 --> 32:40.720]  Mention the crypto show and get $100 off
[32:40.720 --> 32:44.720]  And we'll donate another $100 to the Logos Radio Network to help continue this programming
[32:44.720 --> 32:49.720]  So if those out-of-town roofers come knocking, your door should be locked in
[32:49.720 --> 32:55.720]  That's 512-992-8745 or hillcountryhomeimprovements.com
[32:55.720 --> 32:58.720]  Discounts are based on full roof replacement
[32:58.720 --> 33:08.720]  I may not actually be kidding about chemtrails
[33:28.720 --> 33:32.720]  I'm sorry
[33:32.720 --> 33:55.720]  When you're gonna stop abuse, you're gonna stop abuse
[33:55.720 --> 34:02.720]  Okay, we are back
[34:02.720 --> 34:06.720]  Randy Kelton, Debra Stephens, Real Love Radio here with Brett Fountain
[34:06.720 --> 34:11.720]  And we were finishing up on 2714
[34:11.720 --> 34:15.720]  I had a pretty lively discussion on the break and we got it all sorted out
[34:15.720 --> 34:17.720]  So you got missed at all
[34:17.720 --> 34:31.720]  Okay, what we're talking about is who can actually stand as a prosecutor and make that distinction you were making between deputy and assistant
[34:31.720 --> 34:36.720]  Sure, well first let's clarify what it is that they're authorized or not authorized to do
[34:36.720 --> 34:43.720]  Because there's a difference between commencing a case and conducting the proceedings of that case
[34:43.720 --> 34:47.720]  When you start with that in mind, you see the distinction all throughout
[34:47.720 --> 34:57.720]  But if you don't start with that distinction, well then you might not realize that some are authorized for one thing and some are authorized for the other
[34:57.720 --> 35:03.720]  A district or county attorney is authorized to bring the case to the court
[35:03.720 --> 35:06.720]  And it has to be signed by one of them
[35:06.720 --> 35:20.720]  In a municipal situation, you have a municipal judge who's gonna adjudicate this but there's a prosecutor who's going to stand up and handle the accusation part
[35:20.720 --> 35:30.720]  So it says that the city attorney or the deputy city attorney could conduct those proceedings in a case
[35:30.720 --> 35:40.720]  It does not say that the city attorney or deputy attorney is allowed to start the case, to commence, to invoke the jurisdiction of that court
[35:40.720 --> 35:42.720]  But that would be baritry
[35:42.720 --> 35:46.720]  They're stirring up trouble just so they can be paid to litigate it
[35:46.720 --> 35:49.720]  That's a serious crime right there
[35:49.720 --> 35:51.720]  That's a felony in the state of Texas
[35:51.720 --> 35:53.720]  Yeah
[35:53.720 --> 36:03.720]  The one who commences the case is the judge sitting in his capacity as a magistrate
[36:03.720 --> 36:06.720]  That's the only way a case can commence
[36:06.720 --> 36:15.720]  The prosecuting attorney is an attorney that represents the state in a case
[36:15.720 --> 36:26.720]  So until a magistrate has made a determination of probable cause, there is no controversy before the court for the prosecutor to prosecute
[36:26.720 --> 36:28.720]  Right
[36:28.720 --> 36:31.720]  So the magistrate
[36:31.720 --> 36:35.720]  The magistrate acts to even hold the examining trial
[36:35.720 --> 36:45.720]  He acts on what the district attorney or county attorney brought to the court, which is that document and information
[36:45.720 --> 36:55.720]  Anyway, so we've got the proceedings in the case and it says that a city attorney or a deputy city attorney is authorized to conduct those proceedings
[36:55.720 --> 37:00.720]  But it does not say anything about any assistant
[37:00.720 --> 37:02.720]  And there's a difference
[37:02.720 --> 37:09.720]  We do see places mentioned in the code scattered here and there that talks about an assistant
[37:09.720 --> 37:14.720]  If it's the attorney general is authorized to do something, or it could be his assistant
[37:14.720 --> 37:17.720]  His or her assistant to the attorney general
[37:17.720 --> 37:27.720]  So you see here and there that an assistant can be, but is not always, can be treated as someone with authority
[37:27.720 --> 37:36.720]  Well here, when we see in chapter 45, and let's see, that's in 45.019
[37:36.720 --> 37:52.720]  And it specifies that in subsection E, it's, let's see, sub E, sub 4, it says that who can, no that's not it, that's the city attorney who can swear to it
[37:52.720 --> 37:56.720]  Could be the city attorney or the deputy city attorney
[37:56.720 --> 38:02.720]  And okay, here it is, 45.201 and it's subsection A
[38:02.720 --> 38:10.720]  And it's just saying that the prosecutions in a municipal court will be conducted by the city attorney or a deputy city attorney
[38:10.720 --> 38:13.720]  It does not say anything about an assistant
[38:13.720 --> 38:21.720]  However, very commonly they will bring us an assistant city attorney and try to do everything
[38:21.720 --> 38:28.720]  Not only start the trouble, but also go in there and try to litigate it
[38:28.720 --> 38:30.720]  They're not authorized to do any of it
[38:30.720 --> 38:47.720]  Is there any place you could find in the code where assistant attorney, assistant prosecutor is defined separately from deputy prosecutor?
[38:47.720 --> 38:54.720]  I don't know, I'll go and see what I find about that right now
[38:54.720 --> 38:57.720]  If we're going to make that distinction
[38:57.720 --> 39:08.720]  Yeah, I have looked for assistant and have only come up with some other places, it's not talking anything about assistant city attorney doing anything
[39:08.720 --> 39:15.720]  But I can go and look and see if I find a definition that would satisfy that question
[39:15.720 --> 39:32.720]  Because it must be presumed if different terms are used, it must be presumed under the statutory code construction that the term was used unintentionally
[39:32.720 --> 39:43.720]  So if they used assistant, then the legislature must be presumed to have had a reason to use assistant instead of deputy
[39:43.720 --> 39:52.720]  Right, and they do mention for let's say the attorney pro tem, if they need somebody to fill in
[39:52.720 --> 40:02.720]  And they're looking for somebody and they can't find their first choices, then they're able to use an assistant
[40:02.720 --> 40:05.720]  That's mentioned, I'll see that
[40:05.720 --> 40:13.720]  Let's see here, if I... No, I'm not finding anything about an assistant city attorney
[40:13.720 --> 40:19.720]  So they just don't include those at all
[40:19.720 --> 40:29.720]  So I'm sure what the argument will be is that assistant and deputy are synonymous
[40:29.720 --> 40:36.720]  And how are we going to say it's not synonymous?
[40:36.720 --> 40:42.720]  Well, deputy is a very specific word that is defined
[40:42.720 --> 40:50.720]  Assistant can be, I mean they might hire somebody to help out with the window cleaning and somebody to do janitorial services
[40:50.720 --> 40:55.720]  Where would they get any authority to fill out paperwork and drag people into the courts and cause trouble?
[40:55.720 --> 41:00.720]  They wouldn't, why not? Well, they're assisting
[41:00.720 --> 41:05.720]  Why would they not have every bit of authority as the person that they're assisting?
[41:05.720 --> 41:08.720]  It was never granted to them, that's why
[41:08.720 --> 41:17.720]  Well, a paralegal would not be an assistant prosecutor
[41:17.720 --> 41:24.720]  So what does the assistant prosecutor mean?
[41:24.720 --> 41:31.720]  We need that either, that'd be a great case to bring
[41:31.720 --> 41:37.720]  If it's not already addressed in case law
[41:37.720 --> 41:53.720]  And I like those kinds of questions because the last thing the court wants to do is have to go to the supreme over something as nitpicking as assistant as opposed to deputy
[41:53.720 --> 42:04.720]  Okay, is anything else we need to address on this issue?
[42:04.720 --> 42:06.720]  Nope, there we have it
[42:06.720 --> 42:14.720]  Okay, we have got that one sorted out and I definitely want to put together a pleading
[42:14.720 --> 42:24.720]  When I was in Highland Park and I asked the judge to hold an examining trial because I wasn't here to enter a plea, I was here for an examining trial
[42:24.720 --> 42:30.720]  And the prosecutor spoke up and I said, Your Honor, ask the prosecutor to please be quiet
[42:30.720 --> 42:34.720]  He doesn't have anything to do with this yet
[42:34.720 --> 42:36.720]  The prosecutor sat down and shut up
[42:36.720 --> 42:45.720]  But then that prosecutor wasn't one of these, I can beat you up and treat you badly if I want to either
[42:45.720 --> 43:00.720]  But he may not have got the point because I didn't get in a position to stress that particular point that the court has no jurisdiction until a determination of probable cause is made
[43:00.720 --> 43:06.720]  And until one is made, there is no prosecution for the prosecutor to prosecute
[43:06.720 --> 43:13.720]  So he sat down over there and be quiet until the judge makes a determination here
[43:13.720 --> 43:23.720]  That didn't really come up because the prosecutor didn't argue, he said, Okay, the prosecutor knew he was out of his league and he did not want to go there
[43:23.720 --> 43:27.720]  Okay, I think you were at that hearing, weren't you?
[43:27.720 --> 43:29.720]  I was
[43:29.720 --> 43:33.720]  Okay, we are about to go to break
[43:33.720 --> 43:38.720]  And Tina, as soon as we come back for break, we will take your call
[43:38.720 --> 43:42.720]  This is Randy Kelton, Debra Stevens here with Brett Fountain
[43:42.720 --> 43:46.720]  Our call in number 512-646-1984
[43:46.720 --> 43:51.720]  We've got another hour and 15 minutes, we'll be taking your calls all night
[43:51.720 --> 44:00.720]  We'll be right back
[44:22.720 --> 44:26.720]  If we don't have what you're looking for, we can find it
[44:26.720 --> 44:31.720]  In addition, we carry popular young Jebedee products such as Beyond Tangy Tangerine and Pollen Burst
[44:31.720 --> 44:38.720]  We also offer One World Way, Mountain House Storeable Foods, Berky Water Products, Ammunition at 10% above wholesale, and more
[44:38.720 --> 44:42.720]  We broker metals IRA accounts and we also accept bitcoins as payments
[44:42.720 --> 44:45.720]  Call us at 512-646-6440
[44:45.720 --> 44:51.720]  We're located at 7304 Burnett Road, Suite A, about a half mile south of Anderson
[44:51.720 --> 44:54.720]  We're open Monday through Friday, 10-6, Saturdays, 10-2
[44:54.720 --> 44:59.720]  Visit us at CapitalCoinandBullion.com or call 512-646-6440
[44:59.720 --> 45:03.720]  Are you the plaintiff or defendant in a lawsuit?
[45:03.720 --> 45:07.720]  Win your case without an attorney with Jurisdictionary
[45:07.720 --> 45:13.720]  The affordable, easy-to-understand 4-CD course that will show you how in 24 hours
[45:13.720 --> 45:15.720]  Step by step
[45:15.720 --> 45:18.720]  If you have a lawyer, know what your lawyer should be doing
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[45:55.720 --> 46:13.720]  or call toll-free 866-LAW-EZ
[46:25.720 --> 46:31.720]  Start to stand down to the soldier or worry your heart's locked, scuffle and they keep his heat
[46:31.720 --> 46:37.720]  All they're taking is an misunderstanding, and somebody calls the police
[46:37.720 --> 46:39.720]  Watchin' the spotlight
[46:43.720 --> 46:45.720]  Watchin' the spotlight
[46:49.720 --> 46:51.720]  Watchin' the spotlight
[46:51.720 --> 46:53.720]  Watchin' the spotlight
[46:55.720 --> 46:57.720]  Watchin' the spotlight
[47:01.720 --> 47:06.720]  The bridge that is in the section, the hard work can lead you to all those names
[47:06.720 --> 47:12.720]  And then half of the people just run quickly, heavy loads of fentanyl scale
[47:12.720 --> 47:18.720]  The time is colliding with the constant, you find out after a while
[47:18.720 --> 47:23.720]  It's not your moral standard, it's your patience that will drive
[47:23.720 --> 47:25.720]  Watchin' the spotlight
[47:29.720 --> 47:31.720]  Watchin' the spotlight
[47:35.720 --> 47:37.720]  Watchin' the spotlight
[47:37.720 --> 47:44.720]  Watchin' the spotlight
[47:44.720 --> 47:46.720]  Watchin' the spotlight
[48:06.720 --> 48:09.720]  Okay, there was a little delay comin' in there
[48:09.720 --> 48:12.720]  It was a technical difficulty
[48:12.720 --> 48:18.720]  Me and Brett were in a really deep conversation there
[48:18.720 --> 48:22.720]  We technically missed the meeting, so I apologize for the delay
[48:22.720 --> 48:28.720]  Okay, I've already got chewed out by my producer, so I'm good
[48:28.720 --> 48:33.720]  Hello, Tina, what do you have for us today?
[48:33.720 --> 48:38.720]  Oh, well, good afternoon on this very hot California day
[48:38.720 --> 48:41.720]  We're having a bit of a heatwave here
[48:41.720 --> 48:50.720]  Two couple of things, the first one I want to address is the complaint that I filed
[48:50.720 --> 48:55.720]  In the California Supreme Court, you know, the one they gave me
[48:55.720 --> 48:58.720]  All the hassle, lost it, then agreed to file it
[48:58.720 --> 49:01.720]  Well, they just summarily denied it
[49:01.720 --> 49:04.720]  And they just put denied
[49:04.720 --> 49:07.720]  Petition denied, no explanation, no nothing
[49:07.720 --> 49:14.720]  So my thought is that because I gave them heat about losing a document that had proven to get there
[49:14.720 --> 49:21.720]  And that, you know, that they'd said the attorney general's office had said nobody cares
[49:21.720 --> 49:25.720]  And you can make the complaint, but it won't go anywhere
[49:25.720 --> 49:29.720]  That they're just, you know, saying, hey, we let her file it
[49:29.720 --> 49:31.720]  So she can't say we didn't file it
[49:31.720 --> 49:35.720]  And she can't go after us for losing it at the first place
[49:35.720 --> 49:38.720]  So what's the next step?
[49:38.720 --> 49:43.720]  Patricia, a request for findings, effect and conclusions at law
[49:43.720 --> 49:48.720]  If they have denied you due process, that's federal
[49:48.720 --> 49:51.720]  But if the Supreme Court says they don't have
[49:51.720 --> 49:56.720]  The California Supreme Court told me before when I asked for it in my prior appeal
[49:56.720 --> 49:59.720]  That they don't have to give a findings effect
[49:59.720 --> 50:02.720]  We don't care
[50:02.720 --> 50:08.720]  You don't have to answer a complaint
[50:08.720 --> 50:11.720]  You don't have to do anything
[50:11.720 --> 50:15.720]  But there are consequences
[50:15.720 --> 50:23.720]  If the Supreme Court summarily denies you in something you'd have a right to
[50:23.720 --> 50:28.720]  And they can't show that they acted based on fact and law
[50:28.720 --> 50:35.720]  Or refuse to show that they acted on facts and law
[50:35.720 --> 50:43.720]  Then file a complaint against each one of them with the FCC for the FBI
[50:43.720 --> 50:48.720]  Oh, I filed a criminal complaint against the federal judging forward
[50:48.720 --> 50:53.720]  That was such a hoot
[50:53.720 --> 50:56.720]  Okay, a file against each judge
[50:56.720 --> 50:59.720]  There was one judge that said it wasn't present
[50:59.720 --> 51:02.720]  But do I file against him anyway?
[51:02.720 --> 51:04.720]  Yeah, let him
[51:04.720 --> 51:07.720]  Just shoot him all, let God sort him out
[51:07.720 --> 51:09.720]  That's what they do
[51:09.720 --> 51:13.720]  So with the FCC and the FBI
[51:13.720 --> 51:17.720]  Yeah, the special agent charges the FBI
[51:17.720 --> 51:24.720]  You make up a verified criminal affidavit accusing them of denying you in the due course of the laws
[51:24.720 --> 51:31.720]  By failing to properly apply the law to the facts
[51:31.720 --> 51:39.720]  It goes back to official misconduct
[51:39.720 --> 51:53.720]  And what the law on official misconduct says is that if a public official fails to perform a duty he is required to perform
[51:53.720 --> 52:01.720]  And judges are required to determine the facts in accordance with the rules of evidence
[52:01.720 --> 52:05.720]  Then apply the laws that come to them in the fact in the case
[52:05.720 --> 52:11.720]  And they are required to accord you the due course of the laws
[52:11.720 --> 52:18.720]  If they fail to do so under the Ku Klux Klan Act, that's a crime
[52:18.720 --> 52:25.720]  So make the allegation with the feds and get it stirred up up there
[52:25.720 --> 52:29.720]  These Supreme Court justices are likely to sit back here thinking
[52:29.720 --> 52:39.720]  At this moment, the president who is the head of the executive branch is not one of our buddies
[52:39.720 --> 52:48.720]  And he just might want to use something like this as an excuse to beat us up
[52:48.720 --> 52:52.720]  The end of the day, it's all politics
[52:52.720 --> 52:54.720]  Yeah
[52:54.720 --> 53:05.720]  And you might put on your filing that you copied this section, that you copied the complaints to the office of the president
[53:05.720 --> 53:11.720]  I like that idea to the office
[53:11.720 --> 53:13.720]  You know what they're going to think
[53:13.720 --> 53:19.720]  Well, this president is too busy, he don't have time to mess with this stuff
[53:19.720 --> 53:24.720]  But then again, he's not very happy with us
[53:24.720 --> 53:31.720]  And he could use this as an opportunity to gain some political leverage
[53:31.720 --> 53:36.720]  Here with the elections coming up
[53:36.720 --> 53:46.720]  Federal charges against Supreme Court judges of California for denying a citizen in the due course of the laws
[53:46.720 --> 53:49.720]  Does that not sound ugly?
[53:49.720 --> 53:51.720]  It does sound ugly
[53:51.720 --> 53:55.720]  Now, which special agent in charge, which area of California I file?
[53:55.720 --> 54:01.720]  For each area, you're in the San Diego area?
[54:01.720 --> 54:08.720]  No, I'm in the Central Coast area, but the Supreme Court is up in Northern California
[54:08.720 --> 54:21.720]  Okay, well, wherever they're at, each area, each court has a FBI section in conjunction with the court
[54:21.720 --> 54:26.720]  And each one will have a special agent in charge, but at the end of the day, it doesn't matter where it's at
[54:26.720 --> 54:28.720]  Which everyone's closest to you
[54:28.720 --> 54:35.720]  It might be better if you got one that wasn't as close to where the Supreme Court is
[54:35.720 --> 54:36.720]  Yeah
[54:36.720 --> 54:40.720]  Then they have to go through more people to get there
[54:40.720 --> 54:42.720]  Okay
[54:42.720 --> 54:45.720]  I like that, okay, that's good
[54:45.720 --> 54:53.720]  I filed against a federal judge with the FBI, and it got his attention big time
[54:53.720 --> 54:57.720]  So look closely at the duty
[54:57.720 --> 55:07.720]  It is the duty of the Supreme, above all, to ensure that all of the courts accord you due process
[55:07.720 --> 55:25.720]  And if you're claiming that lawyers acted improperly and the courts refused to discipline the lawyers, and as a result, denied you due process, then the courts refusing to act on it would still have the effect of denying you due process
[55:25.720 --> 55:29.720]  That can be addressed in the state or in the Fed
[55:29.720 --> 55:44.720]  To commit a felony when he's representing the bank and he said, we're not going to allow you to have the notary ledgers, that's a felony, that's coercion of two public officials
[55:44.720 --> 55:49.720]  And you filed, did you file the criminal complaints with the Supreme?
[55:49.720 --> 55:58.720]  I filed, I funneled the complaint a verified accusation, which is what they said I had to do with the Supreme
[55:58.720 --> 56:14.720]  Enough, you invoke their duty as magistrates, they refuse to perform their duty as magistrates, that's got them dead bang, that's exactly what the Ku Klux Klan Act was written to prevent
[56:14.720 --> 56:29.720]  That's great, that's 18 U.S. Code 242, you got them, and you got a group of them acting in concert, that could go to 241
[56:29.720 --> 56:32.720]  Okay
[56:32.720 --> 56:37.720]  And both of those go to RICO
[56:37.720 --> 56:48.720]  Well, give them something to do, and then I can file, if they don't have the next one, then I can say it's retaliation because I filed against them, right?
[56:48.720 --> 56:50.720]  Yep
[56:50.720 --> 57:02.720]  This could be good, you never know which one of these is going to work, you know, I got all the highest judges in Texas put in front of a grand jury
[57:02.720 --> 57:12.720]  And I thought it was all of my eloquent oratory and all the pressure I put on them and had nothing to do with any of that
[57:12.720 --> 57:24.720]  It had to do with a retiring prosecuting attorney who was a Democrat, and all nine of those judges were Republicans, that's what it had to do with
[57:24.720 --> 57:27.720]  You put these judges in the same position
[57:27.720 --> 57:29.720]  Okay
[57:29.720 --> 57:41.720]  Well, that's my next step for that, so that's what I have to do because I'm not going to let this one go, because if they don't hold attorneys accountable to the law
[57:41.720 --> 57:51.720]  And to the business and professional code and American Bar Association rule, then what's the point in having them?
[57:51.720 --> 57:54.720]  Exactly
[57:54.720 --> 58:01.720]  And it's a good argument to bring, and the Supreme Court's a good one to bring it against
[58:01.720 --> 58:07.720]  It's going to look ugly, make sure you do press releases when you do this
[58:07.720 --> 58:10.720]  Okay, do press releases, okay?
[58:10.720 --> 58:22.720]  You just might find them, do press releases to places other than California, DC, Texas
[58:22.720 --> 58:28.720]  Do press releases in the heartland, in the red states
[58:28.720 --> 58:31.720]  Okay
[58:31.720 --> 58:35.720]  You just might get some guys picking it up
[58:35.720 --> 58:38.720]  Hang on, we're about to go to break
[58:38.720 --> 58:42.720]  Randy Kelton, Brett
[58:42.720 --> 58:45.720]  My tang is getting tangled, Randy Kelton, Brett Felton
[58:45.720 --> 58:49.720]  I call in numbers, ah, we'll be right back
[58:49.720 --> 58:57.720]  The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it
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[59:47.720 --> 59:50.720]  That's freestudybible.com
[59:50.720 --> 59:59.720]  You're listening to the Logos Radio Network at LogosRadioNetwork.com
[59:59.720 --> 01:00:04.720]  The following news flash is brought to you by The Lone Star Lowdown
[01:00:04.720 --> 01:00:08.720]  Markets for Monday the 22nd of July 2019
[01:00:08.720 --> 01:00:28.720]  Open with precious metals, gold $1,429 an ounce, silver $16.45 an ounce, copper $2.75 an ounce, oil Texas crude $55.63 a barrel, Brent crude $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52
[01:00:28.720 --> 01:00:45.720]  Ethereum $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin
[01:00:45.720 --> 01:00:59.720]  Today in history, the year 1916, the Preparedness Day bombing, a time suitcase bomb was detonated on Market Street in San Francisco during the World War I Preparedness Day Parade, killing 10 and entering 40.
[01:00:59.720 --> 01:01:04.720]  Today in history
[01:01:04.720 --> 01:01:24.720]  And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing hemp into Texas law back in June, county prosecutors around the state including Houston, Austin, San Antonio have been dropping marijuana possession charges and even refusing to file new ones since they are stipulating that they do not have the time or the laboratory equipment to test the herb for THC.
[01:01:24.720 --> 01:01:33.720]  Margaret Moore, the Travis County District Attorney announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[01:01:33.720 --> 01:01:52.720]  Mr. Abbott and other state officials, including the Attorney General stipulated in a letter to county district attorneys back on Thursday that marijuana has not been decriminalized in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as well as other cities too like the district attorney in El Paso,
[01:01:52.720 --> 01:02:08.720]  Emma Esparza, a Democrat who also stated earlier this month that the law, quote, will not have an effect on the prosecution of marijuana cases in El Paso. However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County who stated that quote,
[01:02:08.720 --> 01:02:18.720]  the law is constantly changing on what makes something illegal based on its chemical makeup. It's important that if someone is charged with something, the test matches what they're charged with.
[01:02:18.720 --> 01:02:38.720]  A paper by Tulane University identified a five and a half inch American pocket shark. As the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:38.720 --> 01:02:50.720]  According to the university paper, the shark secretes a luminous fluid from a gland near its front fins for the purpose it is hypothesized to lure and prey who may be drawn into the globe.
[01:03:08.720 --> 01:03:37.720]  Okay.
[01:03:37.720 --> 01:03:52.720]  Okay, we are back. Randy Kelton moved our radio and kind of stumbled over the edge that time. But I did mute the caller. I either mute the caller or run off the cliff.
[01:03:52.720 --> 01:04:12.720]  Oh, you can't expect me to do too many things at once. Okay. Tina, okay, you were going to file criminal charges against the Supreme Court of Texas. I mean, Tennessee, California. That should be fun.
[01:04:12.720 --> 01:04:14.720]  Okay.
[01:04:14.720 --> 01:04:29.720]  Do you know anybody who knows how to set up and send out press releases? No, but I could. I could put an ad on local Craigslist or somewhere where I could see if someone can do it affordably.
[01:04:29.720 --> 01:04:45.720]  I don't know. I don't think it costs anything. You just got to figure out who to give notice to. You might call one of the newspapers or something and ask them how do you do press releases and they will probably give you a good rundown on it.
[01:04:45.720 --> 01:04:48.720]  Okay.
[01:04:48.720 --> 01:05:08.720]  I am getting ready to sue the SEC. But I have to make sure that when I sue them, I see them in the right way. Then trying to figure out, I want to sue them for what they do to everybody.
[01:05:08.720 --> 01:05:19.720]  And then drag them into court because everybody's terrified of them. And so I want to get the right lawsuit against them and demonstrate that they're not hard to bring into the court.
[01:05:19.720 --> 01:05:27.720]  And when I do that, I'm going to want to do press releases to everyone on earth.
[01:05:27.720 --> 01:05:39.720]  I'm going to accuse the SEC of enforcement that goes to expo facto laws.
[01:05:39.720 --> 01:05:56.720]  That ought to make a good case. But anyway, I'm going to want to do a lot of press releases. And generally what I do, I don't want it in the news because the courts, all of these newspaper guys are beholden to the courts and the police.
[01:05:56.720 --> 01:06:06.720]  They don't want to do anything to annoy them or they won't get good stories. So anything they do, anything I give them, they twist it around as much as they can. So I don't trust them.
[01:06:06.720 --> 01:06:08.720]  But this one's different.
[01:06:08.720 --> 01:06:11.720]  Yeah.
[01:06:11.720 --> 01:06:23.720]  This I've taken on one of the biggest agencies in the country and just, I'm from, I'm not from Podoc, but I'm close.
[01:06:23.720 --> 01:06:31.720]  I've been dressed in Tennessee and I'm from a little town halfway between me and the Tennessee line.
[01:06:31.720 --> 01:06:35.720]  And that town is Palmer'sville. It's about 20 miles from here.
[01:06:35.720 --> 01:06:46.720]  About 20 miles past Palmer'sville on a road that's not on the map is Podoc, Kentucky.
[01:06:46.720 --> 01:06:52.720]  There really is one. And I'm close to it.
[01:06:52.720 --> 01:06:58.720]  Note some two-bit Hillbilly from Backwoods, Tennessee.
[01:06:58.720 --> 01:07:04.720]  Drag the SEC into court and beat them up good.
[01:07:04.720 --> 01:07:08.720]  They haven't been beat up until they've been beat up by me.
[01:07:08.720 --> 01:07:18.720]  And I pull out all the tools I have and just make their life a living hell.
[01:07:18.720 --> 01:07:26.720]  And it ought to get a lot of notoriety for this SEC program I'm working on.
[01:07:26.720 --> 01:07:30.720]  And besides, it will be so much fun. I just sent an email.
[01:07:30.720 --> 01:07:40.720]  They responded about my 8th or 10th request for clarification, letting me know that they're not going to give me any clarification.
[01:07:40.720 --> 01:07:55.720]  And I sent an email to the lawyers saying, yes, I understand that. I realized that you would rather define this in court than issue a proclamation defining your position.
[01:07:55.720 --> 01:08:07.720]  And it is my intent to sue the SEC in the federal court and ask the federal court to give me the clarification that you've refused to.
[01:08:07.720 --> 01:08:18.720]  So if it won't hurt your feelings that I keep sending these requests, it won't hurt my feelings if you don't answer them.
[01:08:18.720 --> 01:08:24.720]  So these are in emails, so they're, you know, they're recorded.
[01:08:24.720 --> 01:08:31.720]  So they didn't, they might not have realized it, but that was their tort letter.
[01:08:31.720 --> 01:08:36.720]  They have been given notice and opportunity.
[01:08:36.720 --> 01:08:43.720]  Anyway, I think you'll like this. The best fight to have is the one you picked.
[01:08:43.720 --> 01:08:45.720]  Yep.
[01:08:45.720 --> 01:08:51.720]  So you're picking this fight with them and now they got to dance to you.
[01:08:51.720 --> 01:08:57.720]  And when you ask them for findings of fact, it'd be interesting to see what they do.
[01:08:57.720 --> 01:08:59.720]  But we kind of know what they're going to do.
[01:08:59.720 --> 01:09:08.720]  They just blew this off and thought, well, we're the head honchos, so everybody does what we say.
[01:09:08.720 --> 01:09:20.720]  How long do I wait after, how long do I give them to answer my request for findings of facts and conclusions of law before I file this complaint?
[01:09:20.720 --> 01:09:36.720]  Two weeks. You ask them for the findings of fact and conclusions of law on which you base this ruling with the presumption that they already have it.
[01:09:36.720 --> 01:09:44.720]  And maybe you don't even have to wait that long. If you get from them an indication that they're not going to do it, then why wait?
[01:09:44.720 --> 01:09:50.720]  Yeah, if they say they're not going to provide it, then you move immediately.
[01:09:50.720 --> 01:10:02.720]  But otherwise, you wait a reasonable time for them to get through. This is a document they essentially, oh, brain dead.
[01:10:02.720 --> 01:10:06.720]  Ask for it under open records.
[01:10:06.720 --> 01:10:10.720]  Oh, ask for it under open records.
[01:10:10.720 --> 01:10:13.720]  That's got a time limit.
[01:10:13.720 --> 01:10:19.720]  And let them say that it doesn't fall under open records. It's okay that it falls under public court.
[01:10:19.720 --> 01:10:24.720]  But the time limit for open records should apply to a public court.
[01:10:24.720 --> 01:10:29.720]  And you apply them anyway, let them state that they don't.
[01:10:29.720 --> 01:10:34.720]  So that shortens up the time considerably.
[01:10:34.720 --> 01:10:36.720]  Okay.
[01:10:36.720 --> 01:10:43.720]  Now, based on that, too, what you just said brings me to another thing.
[01:10:43.720 --> 01:10:53.720]  I helped somebody file a little bit cleaner complaint against one of the attorneys that's going after him for foreclosure in Florida.
[01:10:53.720 --> 01:11:00.720]  That attorney was required to answer that complaint, and he has not done that yet.
[01:11:00.720 --> 01:11:04.720]  And he has withdrawn from all the cases on this guy.
[01:11:04.720 --> 01:11:10.720]  Now, I never got a copy of the response from the attorney I filed against.
[01:11:10.720 --> 01:11:19.720]  Can I ask the state bar under open records act to get a copy of the attorney's response to my complaint?
[01:11:19.720 --> 01:11:22.720]  You should have gotten one. Absolutely you can't.
[01:11:22.720 --> 01:11:30.720]  I've never gotten any response from any of the complaint. Never got the other side's response.
[01:11:30.720 --> 01:11:38.720]  So absolutely ask for that. And let them state that they don't have any record responsive to your request.
[01:11:38.720 --> 01:11:40.720]  That'll work.
[01:11:40.720 --> 01:11:49.720]  Okay. Because I think one time I called and asked, and I can't quite remember because I didn't write good notes this time, that I'm not entitled to see it.
[01:11:49.720 --> 01:11:53.720]  That's private. But if I file a complaint and they just say...
[01:11:53.720 --> 01:11:56.720]  You are the complainant. You are entitled.
[01:11:56.720 --> 01:11:57.720]  Yes.
[01:11:57.720 --> 01:12:03.720]  You have a special interest. So try never to talk to them on the phone.
[01:12:03.720 --> 01:12:04.720]  Yeah. Okay.
[01:12:04.720 --> 01:12:10.720]  Everything, unless you have it recorded, better to do everything in writing.
[01:12:10.720 --> 01:12:11.720]  Yeah.
[01:12:11.720 --> 01:12:15.720]  Email is fine. If they have an email address, that's fine.
[01:12:15.720 --> 01:12:17.720]  Okay.
[01:12:17.720 --> 01:12:18.720]  It's quicker.
[01:12:18.720 --> 01:12:33.720]  I have too many calls. I would like to ask, because I'm in the midst of, you know, they were told that they had to redo their whole request for judicial notice in all the exhibits because they were eligible and they weren't court certified.
[01:12:33.720 --> 01:12:45.720]  So they're in the middle of doing that. So I'm trying to get a jump on responding and the court said, well, you will have your chance to object to their request for judicial notice.
[01:12:45.720 --> 01:12:49.720]  And I'm sort of trying to go through it. Now, do I?
[01:12:49.720 --> 01:13:05.720]  In their request, they put, you know, one, the deed of trust, two, information for the First Federal Bank, you know, in the online, three, corporate assignment, then it goes through and lists all the cases.
[01:13:05.720 --> 01:13:07.720]  No, no, no, no.
[01:13:07.720 --> 01:13:18.720]  Just to object to all of them as there's only one issue before the court and none of these go to the issue before the court.
[01:13:18.720 --> 01:13:36.720]  Well, the only thing that does go to the issue before the court is the, the, the, the trustees deed upon sale, which shows that the, the loan was fully satisfied.
[01:13:36.720 --> 01:13:40.720]  Okay. Then the object to all of the.
[01:13:40.720 --> 01:13:42.720]  They'll make that one.
[01:13:42.720 --> 01:13:44.720]  Except that one.
[01:13:44.720 --> 01:13:45.720]  Okay.
[01:13:45.720 --> 01:13:55.720]  That is the rest or irrelevant. They, they don't go to an issue currently before the court and the judges say, thank you, thank you. Now, I don't have to read all that garbage.
[01:13:55.720 --> 01:13:57.720]  Yeah. Okay.
[01:13:57.720 --> 01:14:10.720]  So, and then the same on the memorandum of points and authorities. Do I now go back? Because it's the same, basically the same thing. It's statement of facts, history of loan and lawsuit two and lawsuit one and bankruptcy.
[01:14:10.720 --> 01:14:18.720]  Is there some kind of blanket thing that I can put there? Then they go to a legal standard for demure.
[01:14:18.720 --> 01:14:28.720]  And you said something about a demure doesn't, isn't the right response to a petition for declaratory judgment?
[01:14:28.720 --> 01:14:41.720]  No, no, demure, demure. There's one thing that's not proper and that's a rule 12 be six motion to dismiss for failure to state a claim.
[01:14:41.720 --> 01:14:44.720]  But that doesn't apply in your case.
[01:14:44.720 --> 01:14:45.720]  Well,
[01:14:45.720 --> 01:14:49.720]  Yeah, yeah, there's no claims.
[01:14:49.720 --> 01:15:01.720]  That's the thing that doesn't apply what lawyers always do. There are, they're trying to relitigate all the every issue in the case and none of that's before the court.
[01:15:01.720 --> 01:15:12.720]  So if, if their demur did not address this particular issue, you should move for summary judgment.
[01:15:12.720 --> 01:15:16.720]  I should move for summary judgment. Yes.
[01:15:16.720 --> 01:15:17.720]  Okay.
[01:15:17.720 --> 01:15:21.720]  On this one point.
[01:15:21.720 --> 01:15:22.720]  Okay.
[01:15:22.720 --> 01:15:27.720]  And then that's the only point before the court.
[01:15:27.720 --> 01:15:29.720]  Okay.
[01:15:29.720 --> 01:15:46.720]  So maintain that all this other stuff is fluff and I was reworking a dissertation on this kind of issue for something else I'm working on. And I said, when you, when you don't have facts in law, argue issues.
[01:15:46.720 --> 01:15:49.720]  So they argued all these issues.
[01:15:49.720 --> 01:15:53.720]  None of them go to facts and law before the court.
[01:15:53.720 --> 01:15:57.720]  Just fluff.
[01:15:57.720 --> 01:16:01.720]  That's what you do when you don't have an art, when you don't have facts and law on your side.
[01:16:01.720 --> 01:16:10.720]  So your job is to recognize that's fluff and ignore it and ask the court to ignore it because it's irrelevant.
[01:16:10.720 --> 01:16:16.720]  There's one section here that I would like to address in their conclusion.
[01:16:16.720 --> 01:16:17.720]  Hold on.
[01:16:17.720 --> 01:16:20.720]  Is it relevant?
[01:16:20.720 --> 01:16:23.720]  Well, I'm not sure.
[01:16:23.720 --> 01:16:27.720]  That's why I want to ask you it says the last very last thing on the page.
[01:16:27.720 --> 01:16:42.720]  It says, in addition, as a matter of law, Colbrook cannot seek relief under civil code section 2941 because she is neither the beneficiary nor trustee under the deed of trust due to the foreclosure sales.
[01:16:42.720 --> 01:16:43.720]  It's irrelevant.
[01:16:43.720 --> 01:16:48.720]  You're not seeking release from anything.
[01:16:48.720 --> 01:16:52.720]  You're asking for a ruling on point of law.
[01:16:52.720 --> 01:16:55.720]  You're not asking for release from anything.
[01:16:55.720 --> 01:16:56.720]  Go ahead.
[01:16:56.720 --> 01:16:57.720]  We're about to take a break here.
[01:16:57.720 --> 01:16:58.720]  Yep.
[01:16:58.720 --> 01:16:59.720]  Okay.
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[01:17:59.720 --> 01:18:00.720]  Dang, Cookie.
[01:18:00.720 --> 01:18:01.720]  Cookie?
[01:18:01.720 --> 01:18:02.720]  Me love cookies.
[01:18:02.720 --> 01:18:04.720]  Oh, hi, Cookie Munchers.
[01:18:04.720 --> 01:18:05.720]  No, these are yucky cookies.
[01:18:05.720 --> 01:18:06.720]  Cookie?
[01:18:06.720 --> 01:18:07.720]  Yucky?
[01:18:07.720 --> 01:18:08.720]  No, no bad cookies.
[01:18:08.720 --> 01:18:10.720]  You can't even eat these cookies.
[01:18:10.720 --> 01:18:11.720]  These are cyber cookies.
[01:18:11.720 --> 01:18:12.720]  No cookies?
[01:18:12.720 --> 01:18:13.720]  No.
[01:18:13.720 --> 01:18:16.720]  They are cyber cookies and they clog up your computer.
[01:18:16.720 --> 01:18:17.720]  These have Apple.
[01:18:17.720 --> 01:18:18.720]  Really?
[01:18:18.720 --> 01:18:20.720]  Oh, that's an actual Apple.
[01:18:20.720 --> 01:18:22.720]  Hmm, yummy Apple.
[01:18:22.720 --> 01:18:26.720]  I'm going to throw away these yucky cookies in the trash.
[01:18:26.720 --> 01:18:32.720]  I click control, shift, delete and then scroll down to cookies and clear them.
[01:18:32.720 --> 01:18:34.720]  Bye bye, yucky cookies.
[01:18:34.720 --> 01:18:40.720]  Now I go to logosradionetwork.com and I click on the Amazon box on the upper right-hand side.
[01:18:40.720 --> 01:18:47.720]  Bookmark the link and I can go to Amazon through this link and order you some yummy new cookies.
[01:18:47.720 --> 01:18:48.720]  Cookies or me?
[01:18:48.720 --> 01:18:53.720]  Consider it an early Christmas present and every time I order on Amazon, I go through
[01:18:53.720 --> 01:18:57.720]  this link and I give a little present to this radio network too.
[01:18:57.720 --> 01:18:58.720]  Peace for Cookie.
[01:18:58.720 --> 01:19:00.720]  See you for classified.
[01:19:00.720 --> 01:19:13.720]  It is this, the Logos-Logos-Radionetwork.com.
[01:19:13.720 --> 01:19:22.720]  I ain't gonna blind me, don't fool me
[01:19:26.720 --> 01:19:35.720]  Well, I ain't gonna fool me with that same old trick
[01:19:35.720 --> 01:19:40.720]  I was blindsided but now I can see your back
[01:19:40.720 --> 01:19:45.720]  You put the fear in my pocket, took the money from my hand
[01:19:45.720 --> 01:19:50.720]  Ain't gonna fool me with that same old trick again
[01:19:54.720 --> 01:19:56.720]  I ain't gonna fool you
[01:19:56.720 --> 01:20:04.720]  I ain't gonna fool me with that same old trick again
[01:20:04.720 --> 01:20:09.720]  Okay, we are back. Randy Kelton, Brett Fountain, Rue La Radio
[01:20:09.720 --> 01:20:15.720]  And just before we came back on, Brett was speaking to some code he found
[01:20:15.720 --> 01:20:17.720]  Will you address that, Brett?
[01:20:17.720 --> 01:20:22.720]  Well, I was noticing that from what I can tell in California
[01:20:22.720 --> 01:20:27.720]  They don't have to provide findings and conclusions
[01:20:27.720 --> 01:20:30.720]  The findings affect the conclusions of law
[01:20:30.720 --> 01:20:32.720]  In criminal, they do
[01:20:32.720 --> 01:20:35.720]  And in some family cases, they do
[01:20:35.720 --> 01:20:39.720]  It depends on whether it's a temporary or a permanent situation
[01:20:39.720 --> 01:20:47.720]  So it would seem that the requirement of it is related more to how severe is this on the defendant
[01:20:47.720 --> 01:20:52.720]  We kind of quote here that I'm trying to look up that says
[01:20:52.720 --> 01:20:54.720]  A trial judge has the duty
[01:20:54.720 --> 01:20:59.720]  I like the way this is worded. It's worded really heavy on the trial judge
[01:20:59.720 --> 01:21:00.720]  And I like that
[01:21:00.720 --> 01:21:06.720]  It says a trial judge has the duty to assist a convicted defendant in perfecting his record
[01:21:06.720 --> 01:21:11.720]  So that he can adequately present his contentions to the appellate court
[01:21:11.720 --> 01:21:15.720]  Failure to do so is a denial of due process of law
[01:21:15.720 --> 01:21:20.720]  When they reference quite a bit of case law here to uphold that
[01:21:20.720 --> 01:21:22.720]  I hope that was really nice
[01:21:22.720 --> 01:21:26.720]  I'm wondering what that means
[01:21:26.720 --> 01:21:30.720]  I mean, functionally
[01:21:30.720 --> 01:21:36.720]  What must the judge do to assist?
[01:21:36.720 --> 01:21:41.720]  Well, in context, it's talking about
[01:21:41.720 --> 01:21:49.720]  That the trial court refused, on motion, to reduce its findings of fact to writing
[01:21:49.720 --> 01:21:57.720]  So that's the context of them saying that the judge has a duty
[01:21:57.720 --> 01:22:04.720]  Okay, in Tina's case, I mean, unmute Tina
[01:22:04.720 --> 01:22:11.720]  In your case, Tina, the judge is made of ruling and this is the Supreme
[01:22:11.720 --> 01:22:18.720]  And let's consider the methodology of the Supreme
[01:22:18.720 --> 01:22:24.720]  The Supreme Court justices don't do all of this research
[01:22:24.720 --> 01:22:27.720]  They got clerks for that
[01:22:27.720 --> 01:22:32.720]  And those clerks are on the state payroll
[01:22:32.720 --> 01:22:39.720]  So when the clerk does his research, how does he present it to the judge?
[01:22:39.720 --> 01:22:45.720]  Does he present it orally? Does he present it in writing?
[01:22:45.720 --> 01:22:52.720]  And if he presents it in writing, let's open records
[01:22:52.720 --> 01:22:53.720]  Okay
[01:22:53.720 --> 01:22:57.720]  That might be some good questions to bring
[01:22:57.720 --> 01:23:07.720]  And you could act on the presumption that the Supreme Court relegated this to law clerks
[01:23:07.720 --> 01:23:15.720]  To make it to research the law for the judges
[01:23:15.720 --> 01:23:19.720]  So you have a right to ask for that research
[01:23:19.720 --> 01:23:22.720]  Okay
[01:23:22.720 --> 01:23:30.720]  Okay, it's kind of convoluted, but how are they going to argue against that other than to say we didn't bother
[01:23:30.720 --> 01:23:35.720]  We just denied it out of hand
[01:23:35.720 --> 01:23:38.720]  Well, that's a good point, yes
[01:23:38.720 --> 01:23:44.720]  Then that would be against them if they just denied it out of hand because they didn't want to deal with it
[01:23:44.720 --> 01:23:51.720]  And just wanted to say, oh, we let her file, but now we're going to deny her like we do everything
[01:23:51.720 --> 01:23:53.720]  So that's a good point
[01:23:53.720 --> 01:23:59.720]  First you want to know who the law clerks were
[01:23:59.720 --> 01:24:00.720]  Yes
[01:24:00.720 --> 01:24:07.720]  Who were assigned to research your issue, and that's assuming that law clerks were
[01:24:07.720 --> 01:24:12.720]  That's pretty sneaky, Randy, I'm just saying
[01:24:12.720 --> 01:24:17.720]  I like devious and sneaky
[01:24:17.720 --> 01:24:21.720]  What do you mean you didn't do any research?
[01:24:21.720 --> 01:24:25.720]  Yeah
[01:24:25.720 --> 01:24:28.720]  Good point, good point
[01:24:28.720 --> 01:24:31.720]  Did they research, okay
[01:24:31.720 --> 01:24:35.720]  And we'll see if they just give a blanket, we don't have to answer it
[01:24:35.720 --> 01:24:37.720]  Which is highly likely, but that's
[01:24:37.720 --> 01:24:43.720]  That creates an adverse inference
[01:24:43.720 --> 01:24:50.720]  If they refused to answer it's because they couldn't give an answer that would not implicate themselves
[01:24:50.720 --> 01:24:52.720]  Okay
[01:24:52.720 --> 01:24:57.720]  You essentially accuse them of taking the question
[01:24:57.720 --> 01:25:11.720]  I just had the pastor call me about Mueller and the senate hearings told one of the senators, I take the question
[01:25:11.720 --> 01:25:15.720]  And when he said that they stopped immediately
[01:25:15.720 --> 01:25:18.720]  And we're trying to figure out what it means
[01:25:18.720 --> 01:25:23.720]  And it appears to me, and I take the fifth on that exact question
[01:25:23.720 --> 01:25:25.720]  Without mentioning the fifth
[01:25:25.720 --> 01:25:33.720]  So you accuse them of taking the question
[01:25:33.720 --> 01:25:34.720]  Interesting
[01:25:34.720 --> 01:25:42.720]  You draw the adverse inference because if in fact they had appointed law clerks to research your claim
[01:25:42.720 --> 01:25:50.720]  And it's unreasonable to think that the law clerks would not take notes
[01:25:50.720 --> 01:25:55.720]  And give a written report
[01:25:55.720 --> 01:26:03.720]  And since this is not a case before the court, it's not work product of any lawyer
[01:26:03.720 --> 01:26:06.720]  So it's public record
[01:26:06.720 --> 01:26:08.720]  And you have a right to see it
[01:26:08.720 --> 01:26:10.720]  Yeah
[01:26:10.720 --> 01:26:20.720]  So for that, in my request for the findings of facts, I don't know really if they have to give findings of facts
[01:26:20.720 --> 01:26:24.720]  I'm not an attorney, so I can ask for it and let them deny it
[01:26:24.720 --> 01:26:26.720]  We don't care about that
[01:26:26.720 --> 01:26:27.720]  Yes
[01:26:27.720 --> 01:26:30.720]  Let's go ahead in a different way
[01:26:30.720 --> 01:26:31.720]  Okay
[01:26:31.720 --> 01:26:37.720]  Let's just prove that they did not research into your claim at all
[01:26:37.720 --> 01:26:40.720]  And threw it out out of hand
[01:26:40.720 --> 01:26:47.720]  Okay, so we just ask for the research that the law clerk or the judges used to
[01:26:47.720 --> 01:26:54.720]  First, ask for the name of the law clerks who were assigned to research this issue
[01:26:54.720 --> 01:26:56.720]  Uh-huh
[01:26:56.720 --> 01:27:03.720]  And if they say they won't give it to you, then that's an issue
[01:27:03.720 --> 01:27:13.720]  You would want a brief findings of facts and conclusions of law on why they're not in violation of the Open Records Act
[01:27:13.720 --> 01:27:16.720]  Okay
[01:27:16.720 --> 01:27:20.720]  It invokes a different law
[01:27:20.720 --> 01:27:22.720]  Yeah, that is devious
[01:27:22.720 --> 01:27:28.720]  You might ask for their titles as well, when you go to ask for their names, ask for their titles
[01:27:28.720 --> 01:27:33.720]  Name and ask for titles, okay?
[01:27:33.720 --> 01:27:37.720]  But this is...
[01:27:37.720 --> 01:27:43.720]  It's kind of backdoor, these are my favorite kinds of complaints because they're going to get this and they're going to say
[01:27:43.720 --> 01:27:48.720]  What in the heck? Why are they asking for this?
[01:27:48.720 --> 01:27:55.720]  And it takes them a while, they're going to try to figure out why you're asking for this
[01:27:55.720 --> 01:28:04.720]  And they're going to come up with the worst possible reason on earth, no matter what that happens to be
[01:28:04.720 --> 01:28:15.720]  Most of the time, officials when they're trying to hide stuff, when you are unclear this way
[01:28:15.720 --> 01:28:19.720]  They assume the worst, Williamson County is my favorite example
[01:28:19.720 --> 01:28:27.720]  I went into Williamson County and I was sitting in a court taking notes and I asked the bailiff for a appearance docket
[01:28:27.720 --> 01:28:31.720]  And he told me I could get that downstairs from the clerk and I thanked him
[01:28:31.720 --> 01:28:40.720]  And I'm sitting here taking notes, this young guy come up to me and said, sir, sir, he was in a black suit, black shirt, bright red satin tie
[01:28:40.720 --> 01:28:45.720]  I guess he was an assistant prosecutor, I guess he thought he was cool
[01:28:45.720 --> 01:28:49.720]  He said, sir, sir, and I looked up and said yes, right in the front row
[01:28:49.720 --> 01:28:55.720]  Sir, do you have a civil case here today? Do you have a case here today? Oh no, no, nothing like that
[01:28:55.720 --> 01:29:00.720]  I went back to writing, he stood there a minute, sir, sir, yes
[01:29:00.720 --> 01:29:05.720]  He said, do you have a civil case in this court? Oh no, no, nothing like that
[01:29:05.720 --> 01:29:11.720]  I went back to writing, he stood there a minute and I could see him shuffling around a little
[01:29:11.720 --> 01:29:18.720]  And then he said, sir, sir, and I said yes, I looked up at him, held up both hands with my palms out
[01:29:18.720 --> 01:29:23.720]  No more questions, and he looked like I slapped him
[01:29:23.720 --> 01:29:26.720]  He couldn't believe I said that to him
[01:29:26.720 --> 01:29:30.720]  And I went back to writing, just ignored him and after a little bit he ambled off
[01:29:30.720 --> 01:29:35.720]  And then an older guy came, had to be the elected county attorney
[01:29:35.720 --> 01:29:38.720]  Leamed across the bar and said, sir, sir, and I said yes
[01:29:38.720 --> 01:29:44.720]  He told me why I could get a parent's document, I said yeah, I know the debate, he told me thank you
[01:29:44.720 --> 01:29:48.720]  He said, is there anything I can help you with?
[01:29:48.720 --> 01:29:51.720]  So he's taken, I'm wondering who is this guy?
[01:29:51.720 --> 01:29:58.720]  I looked up and I said, if I need you, I will summon you, you're dismissed
[01:29:58.720 --> 01:30:00.720]  I cope
[01:30:28.720 --> 01:30:48.720]  Are you always on the go and juggling multiple projects?
[01:30:48.720 --> 01:30:52.720]  If so, you might think that multitasking proves you're smart
[01:30:52.720 --> 01:30:56.720]  But think again, all that stress might be eating your brain
[01:30:56.720 --> 01:31:00.720]  A new study finds stress reduces the number of connections between neurons
[01:31:00.720 --> 01:31:04.720]  Which actually makes it harder for people to manage problems
[01:31:04.720 --> 01:31:10.720]  Researchers at Yale University found that stressed out people have less grey matter in their prefrontal cortex
[01:31:10.720 --> 01:31:15.720]  That's the part of the brain that helps us weigh conflicting ideas and regulate our emotions
[01:31:15.720 --> 01:31:21.720]  So take a deep breath and chill out, it'll help keep your mind as sharp as a tack
[01:31:21.720 --> 01:31:36.720]  This is Building 7, a 47 story skyscraper that fell on the afternoon of September 11
[01:31:36.720 --> 01:31:38.720]  The government says that fire brought it down
[01:31:38.720 --> 01:31:43.720]  However, 1500 architects and engineers concluded it was a controlled demolition
[01:31:43.720 --> 01:31:46.720]  Over 6,000 of my fellow service members have given their lives
[01:31:46.720 --> 01:31:49.720]  And thousands of my fellow first responders have died
[01:31:49.720 --> 01:31:53.720]  I'm a structural engineer, I'm a New York City correction officer, I'm an Air Force pilot
[01:31:53.720 --> 01:31:55.720]  I'm the father who lost his son
[01:31:55.720 --> 01:31:57.720]  We're Americans, and we deserve the truth
[01:31:57.720 --> 01:32:00.720]  Go to RememberBuilding7.org today
[01:32:00.720 --> 01:32:05.720]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar
[01:32:05.720 --> 01:32:07.720]  In today's America, we live in an us against them society
[01:32:07.720 --> 01:32:10.720]  And if we the people are ever going to have a free society
[01:32:10.720 --> 01:32:12.720]  Then we're going to have to stand and defend our own rights
[01:32:12.720 --> 01:32:15.720]  Among those rights are the right to travel freely from place to place
[01:32:15.720 --> 01:32:17.720]  The right to act in our own private capacity
[01:32:17.720 --> 01:32:19.720]  And most importantly, the right to due process of law
[01:32:19.720 --> 01:32:22.720]  Traffic courts afford us the least expensive opportunity
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[01:32:59.720 --> 01:33:04.720]  You are listening to the Logos Radio Network
[01:33:04.720 --> 01:33:30.720]  LogosRadioNetwork.com
[01:33:30.720 --> 01:33:34.720]  I'm in Williamson County
[01:33:34.720 --> 01:33:37.720]  A friend of mine, a guy I knew
[01:33:37.720 --> 01:33:43.720]  Had been arrested for two prescription pills in an aspirin bottle
[01:33:43.720 --> 01:33:47.720]  They charge him with a class A misdemeanor on each one
[01:33:47.720 --> 01:33:51.720]  He had brought them to prescriptions they're still going after him
[01:33:51.720 --> 01:33:55.720]  So I go in there, I look at his file first
[01:33:55.720 --> 01:33:58.720]  And I ask the clerk for the criminal complaint
[01:33:58.720 --> 01:34:01.720]  There's not one in here. Well, that's all we get
[01:34:01.720 --> 01:34:05.720]  Well, how do you initiate a prosecution when you don't have a complaint?
[01:34:05.720 --> 01:34:09.720]  Well, this is all we get. Who's your boss?
[01:34:09.720 --> 01:34:13.720]  I get the head guide. He tells me this is all we get
[01:34:13.720 --> 01:34:16.720]  He said, well, if there was a complaint, where would it be?
[01:34:16.720 --> 01:34:19.720]  Well, the prosecutor would have it. So I went to prosecutor's office
[01:34:19.720 --> 01:34:23.720]  And I filed an information request under 1730
[01:34:23.720 --> 01:34:28.720]  And under 1730, I asked for all documents specifically referenced
[01:34:28.720 --> 01:34:32.720]  By article 17.30, Texas Code of Criminal Procedure
[01:34:32.720 --> 01:34:35.720]  That have been collected separately maintained by the department
[01:34:35.720 --> 01:34:39.720]  I've been a while and they sent out this assistant prosecutor
[01:34:39.720 --> 01:34:43.720]  She looked to be in her mid to upper 20s
[01:34:43.720 --> 01:34:47.720]  She was dressed like a stripper
[01:34:47.720 --> 01:34:52.720]  High heels, tight miniskirt
[01:34:52.720 --> 01:34:55.720]  Super cleavage, low cut dress
[01:34:55.720 --> 01:35:01.720]  Now, you know, I'm a guy and I'm kind of into good looking women
[01:35:01.720 --> 01:35:05.720]  But frankly, I was insulted
[01:35:05.720 --> 01:35:13.720]  Do you really think that sending this woman out will manipulate me?
[01:35:13.720 --> 01:35:16.720]  I was furious
[01:35:16.720 --> 01:35:19.720]  And she said, Mr. Kelton, I have your complaint here
[01:35:19.720 --> 01:35:22.720]  And I don't know what you're asking for
[01:35:22.720 --> 01:35:24.720]  Oh, that's easy
[01:35:24.720 --> 01:35:27.720]  If you don't know what I'm asking for, just go to the state legislature
[01:35:27.720 --> 01:35:30.720]  And have them explain it to you
[01:35:30.720 --> 01:35:35.720]  Well, Mr. Kelton, could you clarify your complaint?
[01:35:35.720 --> 01:35:37.720]  Oh, yeah, okay, I can
[01:35:37.720 --> 01:35:43.720]  What I want to see is exactly what's written in that request
[01:35:43.720 --> 01:35:48.720]  She looked at me like she wanted to slap me
[01:35:48.720 --> 01:35:51.720]  And turned around and stormed off
[01:35:51.720 --> 01:35:54.720]  So then I went and sat in the courtroom
[01:35:54.720 --> 01:35:57.720]  So they know I got something to do with Doug
[01:35:57.720 --> 01:35:59.720]  And Doug was down there
[01:35:59.720 --> 01:36:04.720]  He said somebody come to him and asked him if he was here with anybody
[01:36:04.720 --> 01:36:05.720]  And he said, no, why?
[01:36:05.720 --> 01:36:07.720]  Well, somebody's going through your records
[01:36:07.720 --> 01:36:11.720]  He said, I told you guys that I had a top secret clash
[01:36:11.720 --> 01:36:13.720]  Now you're going to ruin that
[01:36:13.720 --> 01:36:16.720]  Now they think I'm a fed
[01:36:16.720 --> 01:36:18.720]  So then when I dismissed the prosecutor
[01:36:18.720 --> 01:36:20.720]  I didn't know that was going on
[01:36:20.720 --> 01:36:22.720]  But when I dismissed the prosecutor
[01:36:22.720 --> 01:36:24.720]  Then they were sure I was a fed
[01:36:24.720 --> 01:36:26.720]  So what happens is
[01:36:26.720 --> 01:36:29.720]  The more corrupt they are
[01:36:29.720 --> 01:36:30.720]  Or frightened they are
[01:36:30.720 --> 01:36:33.720]  Every one of those guys
[01:36:33.720 --> 01:36:37.720]  Mentally went home to their deepest darkest closet
[01:36:37.720 --> 01:36:42.720]  Creaked it open and looked at their most hidden skeleton in there
[01:36:42.720 --> 01:36:46.720]  And they knew for certain that's what I was after
[01:36:46.720 --> 01:36:50.720]  The more corrupt they are, the more afraid they are
[01:36:50.720 --> 01:36:54.720]  And Doug came to one of my seminars
[01:36:54.720 --> 01:36:56.720]  He said, bring me books
[01:36:56.720 --> 01:36:58.720]  And he said, you ever walked in a room
[01:36:58.720 --> 01:37:02.720]  Turning the lights on and watched cockroaches scatter?
[01:37:02.720 --> 01:37:04.720]  He said, that's what it looked like
[01:37:04.720 --> 01:37:07.720]  They dismissed his case
[01:37:07.720 --> 01:37:10.720]  And they asked him, is there anything else you want?
[01:37:10.720 --> 01:37:12.720]  I said, well, I'd like to get this signed by the judge
[01:37:12.720 --> 01:37:13.720]  They took him to the judge
[01:37:13.720 --> 01:37:15.720]  The judge signed it on the spot
[01:37:15.720 --> 01:37:18.720]  And I also like to get my bail money back
[01:37:18.720 --> 01:37:19.720]  They took him to the clerk
[01:37:19.720 --> 01:37:23.720]  He got a check for his bail money the next day
[01:37:23.720 --> 01:37:27.720]  They don't know what you're after
[01:37:27.720 --> 01:37:29.720]  It terrifies them
[01:37:29.720 --> 01:37:33.720]  So, Tina, we were talking on the break
[01:37:33.720 --> 01:37:36.720]  Do you have someone else who could make this
[01:37:36.720 --> 01:37:42.720]  These requests for you?
[01:37:42.720 --> 01:37:47.720]  Preferably someone with an exceptionally bad attitude
[01:37:47.720 --> 01:37:53.720]  Do you have somebody who has a chronic toothache?
[01:37:53.720 --> 01:37:57.720]  Or someone who has the demeanor of a person
[01:37:57.720 --> 01:38:03.720]  With a chronic toothache?
[01:38:03.720 --> 01:38:07.720]  There's nothing worse than a winger
[01:38:07.720 --> 01:38:10.720]  But, Brett, filed
[01:38:10.720 --> 01:38:14.720]  How many information requests did you file in New York, Texas
[01:38:14.720 --> 01:38:17.720]  Where the pixels should be in try?
[01:38:17.720 --> 01:38:21.720]  Well, it turned out to be 34 by the time it was done
[01:38:21.720 --> 01:38:22.720]  34
[01:38:22.720 --> 01:38:24.720]  And they're looking at these and saying
[01:38:24.720 --> 01:38:28.720]  Who is this guy?
[01:38:28.720 --> 01:38:31.720]  They had absolutely no idea who he was
[01:38:31.720 --> 01:38:35.720]  And they have no idea what's coming at him
[01:38:35.720 --> 01:38:39.720]  I think at one point they were accusing Tim and Laura
[01:38:39.720 --> 01:38:43.720]  Of inventing, like, using me as a pen name
[01:38:43.720 --> 01:38:49.720]  And they were just trying to make their own information request
[01:38:49.720 --> 01:38:54.720]  Probably they were hoping that was the case
[01:38:54.720 --> 01:38:58.720]  But anybody who read your request
[01:38:58.720 --> 01:39:02.720]  And looked at the documents that Tim and Laura produced
[01:39:02.720 --> 01:39:06.720]  They would know this is not the same person
[01:39:06.720 --> 01:39:07.720]  And they knew that
[01:39:07.720 --> 01:39:11.720]  They were hoping, beyond hope, that you didn't have a ringer
[01:39:11.720 --> 01:39:13.720]  Coming in thereafter
[01:39:13.720 --> 01:39:15.720]  And this is what you wanted to think
[01:39:15.720 --> 01:39:17.720]  That's why Tina, if you've got someone else
[01:39:17.720 --> 01:39:22.720]  That could make these requests
[01:39:22.720 --> 01:39:27.720]  Well, I could see if I could get someone to make them
[01:39:27.720 --> 01:39:28.720]  I would make them
[01:39:28.720 --> 01:39:32.720]  But there's some question about whether or not
[01:39:32.720 --> 01:39:38.720]  I have the right to exert open records request rights
[01:39:38.720 --> 01:39:41.720]  In California
[01:39:41.720 --> 01:39:45.720]  So we need someone in California
[01:39:45.720 --> 01:39:48.720]  Preferably a bulldog
[01:39:48.720 --> 01:39:50.720]  At the end of the day, it doesn't matter
[01:39:50.720 --> 01:39:55.720]  Just someone they don't know
[01:39:55.720 --> 01:39:59.720]  Someone they can't find anything out about
[01:39:59.720 --> 01:40:04.720]  That would show why they're asking for this stuff
[01:40:04.720 --> 01:40:09.720]  The one thing, question I like to get more than any other is
[01:40:09.720 --> 01:40:14.720]  Do you mind if I ask why you want to see this?
[01:40:14.720 --> 01:40:18.720]  911
[01:40:18.720 --> 01:40:23.720]  Yes, as a matter of fact, I do
[01:40:23.720 --> 01:40:25.720]  If you can get them to ask why you want to see it
[01:40:25.720 --> 01:40:29.720]  In most every state, that's a crime
[01:40:29.720 --> 01:40:31.720]  And I'm almost sure it is
[01:40:31.720 --> 01:40:33.720]  I've read the open records law in California
[01:40:33.720 --> 01:40:35.720]  And I believe it's in there
[01:40:35.720 --> 01:40:36.720]  That they can't
[01:40:36.720 --> 01:40:38.720]  The only request they can make of you
[01:40:38.720 --> 01:40:42.720]  Is to determine who you are in the records you're seeking
[01:40:42.720 --> 01:40:46.720]  Anything beyond that is a violation of the act
[01:40:46.720 --> 01:40:49.720]  And it should be
[01:40:49.720 --> 01:40:52.720]  I told a captain on the sheriff's department
[01:40:52.720 --> 01:40:55.720]  If I tell you what I'm looking for
[01:40:55.720 --> 01:40:57.720]  And I don't find it
[01:40:57.720 --> 01:41:00.720]  He said, I understand, I understand
[01:41:00.720 --> 01:41:03.720]  I would be implicated, yes
[01:41:03.720 --> 01:41:07.720]  So anyway, third party, if you can get it
[01:41:07.720 --> 01:41:13.720]  If not, make your requests really subtle
[01:41:13.720 --> 01:41:18.720]  And asking for the names of the clerks
[01:41:18.720 --> 01:41:23.720]  Who were assigned to this particular issue
[01:41:23.720 --> 01:41:25.720]  How long do you think it'll take them to figure out
[01:41:25.720 --> 01:41:30.720]  Why you're asking that?
[01:41:30.720 --> 01:41:32.720]  You don't have every lawyer and judge
[01:41:32.720 --> 01:41:36.720]  In the place scratching their head
[01:41:36.720 --> 01:41:40.720]  No, I do have someone who would agree to do it
[01:41:40.720 --> 01:41:41.720]  If I paper it
[01:41:41.720 --> 01:41:44.720]  And if I do a request online
[01:41:44.720 --> 01:41:47.720]  If I mail it using priority mail
[01:41:47.720 --> 01:41:53.720]  I can put her address in San Diego on it
[01:41:53.720 --> 01:41:57.720]  As it's from her and her name and everything
[01:41:57.720 --> 01:42:01.720]  Yeah, just a different name, a different address
[01:42:01.720 --> 01:42:07.720]  So they say they can't find any connection
[01:42:07.720 --> 01:42:09.720]  So they're wondering why you're looking into it
[01:42:09.720 --> 01:42:11.720]  They're going to figure it's a private investigator
[01:42:11.720 --> 01:42:16.720]  Or a lawyer, somebody from a law office
[01:42:16.720 --> 01:42:17.720]  Something obnoxious
[01:42:17.720 --> 01:42:20.720]  They're going to think it's the worst enemy
[01:42:20.720 --> 01:42:22.720]  Whatever the worst thing that could happen to them
[01:42:22.720 --> 01:42:26.720]  That's what they're going to think
[01:42:26.720 --> 01:42:29.720]  Anyway, that's the idea
[01:42:29.720 --> 01:42:34.720]  Yeah, so they should have no connection to this bank either
[01:42:34.720 --> 01:42:37.720]  No, it doesn't matter if they're connected to the bank
[01:42:37.720 --> 01:42:39.720]  Just not to you
[01:42:39.720 --> 01:42:41.720]  Just not to me, okay
[01:42:41.720 --> 01:42:45.720]  I have someone that I think would agree to do it
[01:42:45.720 --> 01:42:47.720]  If I wrote it and made sure everything
[01:42:47.720 --> 01:42:51.720]  They would agree to have their name on it
[01:42:51.720 --> 01:42:56.720]  Yeah, so this is just a simple open records request
[01:42:56.720 --> 01:43:00.720]  And one thing, tell who this person is
[01:43:00.720 --> 01:43:03.720]  If she gets a call from them
[01:43:03.720 --> 01:43:05.720]  Tell them, no, no, no, no
[01:43:05.720 --> 01:43:07.720]  Or put it in the request
[01:43:07.720 --> 01:43:11.720]  That you want all responses in writing
[01:43:11.720 --> 01:43:17.720]  Either email or snail mail, but no telephone conversations
[01:43:17.720 --> 01:43:22.720]  Well, if you don't put the phone number, they can't call her
[01:43:22.720 --> 01:43:26.720]  If they call her, she's to tell them, no, no, no, no
[01:43:26.720 --> 01:43:28.720]  We don't do this
[01:43:28.720 --> 01:43:33.720]  If you have a request or questions, send it in writing
[01:43:33.720 --> 01:43:35.720]  Okay
[01:43:35.720 --> 01:43:39.720]  Be very polite and professional
[01:43:39.720 --> 01:43:44.720]  If you don't do open conversations, they're not productive
[01:43:44.720 --> 01:43:49.720]  I need this in writing, I'll gladly answer it
[01:43:49.720 --> 01:43:52.720]  We're about to take a break
[01:43:52.720 --> 01:43:55.720]  And yes, we are, you're about to fall off the cliff
[01:43:55.720 --> 01:43:58.720]  Hang on, we'll be right back
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[01:46:22.720 --> 01:46:24.720]  Okay, we are back
[01:46:24.720 --> 01:46:28.720]  Randy Kelton, Brett Bowton, Lulavlalradio
[01:46:28.720 --> 01:46:31.720]  And we're talking to Tina in California
[01:46:31.720 --> 01:46:34.720]  Tina, we have Tim on the line
[01:46:34.720 --> 01:46:40.720]  And I suspect he has a comment on this subject, Tim
[01:46:43.720 --> 01:46:44.720]  Yes, sir
[01:46:44.720 --> 01:46:47.720]  Do you have a comment on point?
[01:46:47.720 --> 01:46:52.720]  Well, you were talking about finding the facts
[01:46:52.720 --> 01:46:54.720]  And conclusions of law
[01:46:54.720 --> 01:46:59.720]  And so I looked it up in Texas Rules of Civil Procedure 296
[01:46:59.720 --> 01:47:04.720]  And it says that you're given, I think, 20 days after
[01:47:04.720 --> 01:47:06.720]  It says a timely matter
[01:47:06.720 --> 01:47:08.720]  And I guess that's 20 days
[01:47:08.720 --> 01:47:16.720]  What it says is the judge shall produce findings, effect, and conclusions of law
[01:47:16.720 --> 01:47:19.720]  Within 20 days
[01:47:19.720 --> 01:47:24.720]  It says shall does not say may, might, or can if he wants to
[01:47:24.720 --> 01:47:28.720]  But that's in specific cases
[01:47:28.720 --> 01:47:33.720]  In other cases, they're not required
[01:47:33.720 --> 01:47:37.720]  What we're saying is
[01:47:37.720 --> 01:47:42.720]  They are required to apply the law to the facts
[01:47:42.720 --> 01:47:47.720]  And if the judge did apply the law to the facts
[01:47:47.720 --> 01:47:50.720]  It would be simply enough to demonstrate that
[01:47:50.720 --> 01:47:55.720]  But if he doesn't demonstrate that, that creates the adverse inference
[01:47:55.720 --> 01:47:59.720]  That he did not apply the law to the facts
[01:47:59.720 --> 01:48:06.720]  And that's what we're trying to create here is an adverse inference
[01:48:06.720 --> 01:48:10.720]  That would give a reasonable person of ordinary prudence
[01:48:10.720 --> 01:48:17.720]  Cause to believe that the judges did not properly apply the law to the facts
[01:48:17.720 --> 01:48:19.720]  But they acted on a whim
[01:48:19.720 --> 01:48:24.720]  They exercised judicial caprice
[01:48:24.720 --> 01:48:28.720]  And that is not an authority they have
[01:48:28.720 --> 01:48:32.720]  In the process, the 19 and full pre-access to a judgment
[01:48:32.720 --> 01:48:40.720]  Right, here we go to the facts
[01:48:40.720 --> 01:48:47.720]  Okay, you are breaking up unless you're making popping noises, didn't you?
[01:48:47.720 --> 01:48:53.720]  Okay, did you have more on point or do you want us to wait till we're done with Tina?
[01:48:53.720 --> 01:48:56.720]  Yeah, I'll wait till you're done with Tina
[01:48:56.720 --> 01:48:58.720]  Okay
[01:48:58.720 --> 01:49:01.720]  Okay, Tina, this is getting fun
[01:49:01.720 --> 01:49:05.720]  Yeah, it is, I'm liking what you're coming up with here
[01:49:05.720 --> 01:49:08.720]  And I'm going to move forward with that
[01:49:08.720 --> 01:49:12.720]  And the second thing, or the last thing really
[01:49:12.720 --> 01:49:14.720]  Because I know you've probably got some other callers here
[01:49:14.720 --> 01:49:18.720]  On the request for judicial notice and the demure and everything
[01:49:18.720 --> 01:49:27.720]  I've found where, you know, some points where they are required to
[01:49:27.720 --> 01:49:32.720]  And I think I touched on this last time where they're required to have a meaningful conversation
[01:49:32.720 --> 01:49:36.720]  With you not just say, oh, we're filing a demure
[01:49:36.720 --> 01:49:40.720]  And that's it, are you going to amend?
[01:49:40.720 --> 01:49:42.720]  And I'm going to try to put that in
[01:49:42.720 --> 01:49:50.720]  But also, is there a way to put in where I found that evidence code that says
[01:49:50.720 --> 01:49:58.720]  That if somebody makes a promise, like in this case, the attorney made the promise
[01:49:58.720 --> 01:50:06.720]  In writing to send me the note and along just the original note, not a copy
[01:50:06.720 --> 01:50:10.720]  And then he later said, well, I'm not going to send it
[01:50:10.720 --> 01:50:14.720]  No, no, no, no, no, irrelevant, irrelevant
[01:50:14.720 --> 01:50:17.720]  But it goes to the point that he promised to do something
[01:50:17.720 --> 01:50:21.720]  And the only reason that's not before the court
[01:50:21.720 --> 01:50:23.720]  Not before the court
[01:50:23.720 --> 01:50:24.720]  Yeah, okay
[01:50:24.720 --> 01:50:30.720]  Back up, what is before the court?
[01:50:30.720 --> 01:50:38.720]  Does section 2941 state that the morgue juror can request the original note
[01:50:38.720 --> 01:50:42.720]  Once the loan has been satisfied
[01:50:42.720 --> 01:50:53.720]  How can anything that the lawyer said or did affect the statutory requirement?
[01:50:53.720 --> 01:50:58.720]  It's a good point, it doesn't
[01:50:58.720 --> 01:51:00.720]  So don't put it in there
[01:51:00.720 --> 01:51:02.720]  This is the hardest part
[01:51:02.720 --> 01:51:07.720]  When you're in a case and you have an investment in the case
[01:51:07.720 --> 01:51:10.720]  You really want these issues addressed
[01:51:10.720 --> 01:51:12.720]  Section 31 in this calendar is totally dead
[01:51:12.720 --> 01:51:15.720]  Get it, you want to beat up for that
[01:51:15.720 --> 01:51:17.720]  It's a struggle
[01:51:17.720 --> 01:51:21.720]  I know when I was the last case I was working on for myself
[01:51:21.720 --> 01:51:26.720]  It was hard to take all that stuff and set it aside
[01:51:26.720 --> 01:51:33.720]  And exercise the discipline I needed to stay on point
[01:51:33.720 --> 01:51:41.720]  And that will just lead you off into arguments with them that they want you to have
[01:51:41.720 --> 01:51:48.720]  Because they don't mean anything and they'll distract the judge
[01:51:48.720 --> 01:51:51.720]  There's only one thing before the court
[01:51:51.720 --> 01:51:56.720]  Does the law mean what it says?
[01:51:56.720 --> 01:52:02.720]  Or is there something in law that mitigates that statutory requirement?
[01:52:02.720 --> 01:52:08.720]  If there is, the other side would have had to have shown that in their pleadings
[01:52:08.720 --> 01:52:11.720]  And they did not address it in their pleadings
[01:52:11.720 --> 01:52:15.720]  So the court must accept what you tell them is true
[01:52:15.720 --> 01:52:21.720]  And if what you said about the law is true
[01:52:21.720 --> 01:52:26.720]  And the law does require it
[01:52:26.720 --> 01:52:30.720]  And the other side has shown nothing that mitigates that
[01:52:30.720 --> 01:52:35.720]  The court has no option but to rule in your favor
[01:52:35.720 --> 01:52:42.720]  And if the other side did show something that might mitigate it
[01:52:42.720 --> 01:52:46.720]  Like some other judge, and I'll have to read it thoroughly again
[01:52:46.720 --> 01:52:51.720]  Found that if it's in foreclosure then they don't have to apply
[01:52:51.720 --> 01:52:54.720]  Then wouldn't they have to rewrite the statute
[01:52:54.720 --> 01:52:58.720]  Because it doesn't say anything about how the loan should be satisfied
[01:52:58.720 --> 01:53:03.720]  Who should satisfy it if it was foreclosed on?
[01:53:03.720 --> 01:53:13.720]  Did the judge say that the party did not have to comply with this law?
[01:53:13.720 --> 01:53:15.720]  I don't know, yeah
[01:53:15.720 --> 01:53:19.720]  I know there's a case in California that says that they don't have to have it
[01:53:19.720 --> 01:53:21.720]  They can foreclose without it
[01:53:21.720 --> 01:53:24.720]  Okay, so what?
[01:53:24.720 --> 01:53:27.720]  Once they have foreclosed
[01:53:27.720 --> 01:53:32.720]  They still have this statutory duty
[01:53:32.720 --> 01:53:33.720]  Yes
[01:53:33.720 --> 01:53:36.720]  So while they're in the process of foreclosing
[01:53:36.720 --> 01:53:40.720]  They need to be making sure they locate this thing
[01:53:40.720 --> 01:53:44.720]  Because that duty is coming up
[01:53:44.720 --> 01:53:46.720]  They've admitted, they've found it
[01:53:46.720 --> 01:53:51.720]  And they've pulled it from their storage
[01:53:51.720 --> 01:53:54.720]  Yeah, they've said all that, that's irrelevant to this issue
[01:53:54.720 --> 01:53:59.720]  It's irrelevant, but they can't say they can't find it or they don't have it
[01:53:59.720 --> 01:54:03.720]  Okay, even if they did object relevance
[01:54:03.720 --> 01:54:06.720]  They will want to misdirect the court
[01:54:06.720 --> 01:54:11.720]  When you don't have facts in law, you want to misdirect the court
[01:54:11.720 --> 01:54:15.720]  Object everything that doesn't go to law
[01:54:15.720 --> 01:54:21.720]  If they didn't file a response that included anything that mitigated the application of law
[01:54:21.720 --> 01:54:24.720]  In this case, in this instance
[01:54:24.720 --> 01:54:26.720]  Then you don't care what's in there
[01:54:26.720 --> 01:54:30.720]  You ask the court for a summary of the ruling
[01:54:30.720 --> 01:54:32.720]  Okay
[01:54:32.720 --> 01:54:36.720]  And do not get distracted
[01:54:36.720 --> 01:54:40.720]  Don't let them get you peed
[01:54:40.720 --> 01:54:42.720]  That's their strategy
[01:54:42.720 --> 01:54:45.720]  They're going to do everything they can to get you upset, angry
[01:54:45.720 --> 01:54:48.720]  Feeling lied to and betrayed
[01:54:48.720 --> 01:54:50.720]  That's what they do
[01:54:50.720 --> 01:54:55.720]  Because they know people tend to respond badly in those circumstances
[01:54:55.720 --> 01:54:58.720]  So they can manipulate you and respond in the way you want to
[01:54:58.720 --> 01:55:00.720]  The way they want to
[01:55:00.720 --> 01:55:03.720]  Only one thing before the court, we go nowhere else
[01:55:03.720 --> 01:55:08.720]  If they try to go anywhere else, you object, object, object
[01:55:08.720 --> 01:55:11.720]  Okay
[01:55:11.720 --> 01:55:13.720]  Okay
[01:55:13.720 --> 01:55:15.720]  And then we start
[01:55:15.720 --> 01:55:19.720]  Now go for the supreme, this is going to be fun
[01:55:19.720 --> 01:55:28.720]  It will make, it will get everybody's attention when you start going after the supreme
[01:55:28.720 --> 01:55:32.720]  Especially if you start sending really artful requests
[01:55:32.720 --> 01:55:35.720]  They're going to wonder what is going on
[01:55:35.720 --> 01:55:37.720]  And everybody gets nervous
[01:55:37.720 --> 01:55:40.720]  They're not going to let you know, they're going to do everything they can to hide the fact from you
[01:55:40.720 --> 01:55:43.720]  That you're making them nuts
[01:55:43.720 --> 01:55:48.720]  But you ask for the clerks who
[01:55:48.720 --> 01:55:51.720]  Did the research on this issue
[01:55:51.720 --> 01:55:59.720]  And what are they going to say, we didn't use any clerks?
[01:55:59.720 --> 01:56:03.720]  So if they got somebody who's really smart
[01:56:03.720 --> 01:56:06.720]  They'll figure it out
[01:56:06.720 --> 01:56:10.720]  But even if they figure it out, it doesn't help
[01:56:10.720 --> 01:56:12.720]  No
[01:56:12.720 --> 01:56:16.720]  If they give you the clerks, then you put a specific request to those clerks
[01:56:16.720 --> 01:56:19.720]  For their notes
[01:56:19.720 --> 01:56:26.720]  And their analysis and any reports that they gave to these judges
[01:56:26.720 --> 01:56:29.720]  So this is kind of a process, it takes a little bit
[01:56:29.720 --> 01:56:37.720]  But this will give you reasonable probable cause to believe that they denied you to process
[01:56:37.720 --> 01:56:46.720]  Something that an SAC of the FBI can wrap his head around
[01:56:46.720 --> 01:57:02.720]  And since he works for the president, he may be looking for a way to stir up some political issues in California with the elections coming up
[01:57:02.720 --> 01:57:04.720]  That's true
[01:57:04.720 --> 01:57:08.720]  It's politics at the end of the day
[01:57:08.720 --> 01:57:11.720]  Okay, anything else for us?
[01:57:11.720 --> 01:57:17.720]  No, not right now, I'll let you go to someone else and I'll just go into looking mode
[01:57:17.720 --> 01:57:20.720]  Oh, wait a minute, this is 957
[01:57:20.720 --> 01:57:26.720]  Okay, thank you, Tim, you got one minute
[01:57:26.720 --> 01:57:28.720]  Okay
[01:57:28.720 --> 01:57:30.720]  Talk fast, talk fast
[01:57:30.720 --> 01:57:34.720]  Nah, I'll just stop
[01:57:34.720 --> 01:57:42.720]  Ah, come on, you got a whole minute, we can't have dead air
[01:57:42.720 --> 01:57:44.720]  We got dead air
[01:57:44.720 --> 01:57:48.720]  Okay, you dropped off
[01:57:48.720 --> 01:57:51.720]  I must have heard his feelings
[01:57:51.720 --> 01:57:53.720]  Oh well
[01:57:53.720 --> 01:57:59.720]  I'm sure he'll call me when he gets off the, Tim, he dropped off the line, I think he hung up
[01:57:59.720 --> 01:58:05.720]  Okay, I must have heard his feelings and I've been known to do that on occasion
[01:58:05.720 --> 01:58:11.720]  Okay, I guess we're about out of time, we've got 40 seconds left
[01:58:11.720 --> 01:58:20.720]  Oh, we do have our fundraiser going, so if you find value in what we're doing
[01:58:20.720 --> 01:58:30.720]  then go to Logos Radio Network and just split in a dollar a month, just some token amount, give us something to tell us that people are listening
[01:58:30.720 --> 01:58:36.720]  and they care about what they're hearing on the air, so give us reason to keep this thing going
[01:58:36.720 --> 01:58:41.720]  Thank you all for listening, we'll be back tomorrow night, good night
[01:58:41.720 --> 01:58:57.720]  Bibles for America is offering absolutely free, a unique study Bible called the New Testament Recovery Version
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