[00:00.000 --> 00:06.740]  The following news flash is brought to you by The Lone Star Lowdown.
[00:06.740 --> 00:13.040]  Markets for Monday the 22nd of July 2019 open with precious metals, gold at $1,429 an ounce,
[00:13.040 --> 00:21.440]  silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.63 a barrel, Brent crude
[00:21.440 --> 00:29.720]  $662.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum
[00:29.720 --> 00:46.200]  $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:46.200 --> 00:52.400]  In history, the year 1916, the Preparedness Day bombing, a time suitcase bomb, was detonated
[00:52.400 --> 00:57.720]  on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[00:57.720 --> 01:04.760]  10 and entering 40 today in history.
[01:04.760 --> 01:09.440]  And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing hemp into
[01:09.440 --> 01:14.160]  Texas law back in June, county prosecutors around the state, including Houston, Austin,
[01:14.160 --> 01:18.080]  San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:18.080 --> 01:22.720]  new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:22.720 --> 01:24.840]  to test the herb for THC.
[01:24.840 --> 01:28.400]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.400 --> 01:33.080]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.080 --> 01:34.080]  law.
[01:34.080 --> 01:37.600]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.600 --> 01:42.080]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.080 --> 01:48.240]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.240 --> 01:54.480]  well as other cities, too, like the District Attorney in El Paso, Caima Esparza, a Democrat
[01:54.480 --> 01:58.960]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:58.960 --> 02:01.720]  prosecution of marijuana cases in El Paso.
[02:01.720 --> 02:06.760]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.760 --> 02:10.760]  in Harris County, who stated that, quote, the law is constantly changing on what makes
[02:10.760 --> 02:13.480]  something illegal based on its chemical makeup.
[02:13.480 --> 02:17.400]  It's important that if someone is charged with something, the test matches what they're
[02:17.400 --> 02:22.600]  charged with.
[02:22.600 --> 02:27.240]  A paper by Tulane University identified a five-and-a-half-inch American pocket shark
[02:27.240 --> 02:32.360]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.360 --> 02:38.000]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.000 --> 02:39.480]  Pacific Ocean.
[02:39.480 --> 02:43.760]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.760 --> 02:50.040]  its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[02:50.040 --> 03:13.480]  flow.
[03:13.480 --> 03:16.480]  When your wish comes true, I'll come for you
[03:18.980 --> 03:21.480]  Just me, whatcha gonna do?
[03:21.480 --> 03:23.480]  Whatcha gonna do?
[03:25.480 --> 03:26.480]  Yeah
[03:26.980 --> 03:28.480]  Bad boys, bad boys
[03:28.480 --> 03:29.980]  Whatcha gonna do?
[03:29.980 --> 03:32.480]  Whatcha gonna do when they come for you?
[03:32.480 --> 03:33.980]  Bad boys, bad boys
[03:33.980 --> 03:35.480]  Whatcha gonna do?
[03:35.480 --> 03:37.980]  Whatcha gonna do when they come for you?
[03:37.980 --> 03:40.980]  When you were eight and you had bad dreams
[03:40.980 --> 03:43.480]  You go to school and learn to go and learn to lose
[03:43.480 --> 03:46.480]  So, why are you acting like a bloody fool?
[03:46.480 --> 03:48.980]  It's your get high, and you must just cool
[03:48.980 --> 03:50.480]  Bad boys, bad boys
[03:50.480 --> 03:51.980]  Whatcha gonna do?
[03:51.980 --> 03:54.480]  Whatcha gonna do when they come for you?
[03:54.480 --> 03:55.980]  Bad boys, bad boys
[03:55.980 --> 03:57.480]  Whatcha gonna do?
[03:57.480 --> 03:59.980]  Whatcha gonna do when they come for you?
[03:59.980 --> 04:01.480]  Your chokigone that one
[04:01.480 --> 04:02.980]  Your chokigone it once
[04:02.980 --> 04:05.480]  Your chokigone is nothing like your chokigone's butter
[04:05.480 --> 04:08.480]  Your chokigone is nothing like your chokigone's sugar
[04:08.480 --> 04:28.820]  Okay, howdy, howdy, this is Randy Kelton, Deborah Steven here with Brett Fountain on
[04:28.820 --> 04:36.160]  this, the 29th day of August, 2019.
[04:36.160 --> 04:41.320]  And we have lots of stuff happening, I'm putting up some more websites.
[04:41.320 --> 04:47.360]  We're getting ready to do a crowdfunding sale with Resolve Radio.
[04:47.360 --> 04:57.600]  And we're also making connections with some guys who have, who are doing what I've been
[04:57.600 --> 05:01.440]  doing the last 30 years.
[05:01.440 --> 05:08.320]  These first amendment audit and cop block people you may have heard of, they're out
[05:08.320 --> 05:16.680]  there using current live streaming technology to take on the police.
[05:16.680 --> 05:27.080]  Now they can go out and test the police and live stream what's going on to hundreds of
[05:27.080 --> 05:33.800]  people, so that the police can't lie and make up stories and change everything.
[05:33.800 --> 05:41.960]  And this is really putting the police in a difficult position, but did a show a couple
[05:41.960 --> 05:47.480]  of weeks ago with Chief Jones, he's the next police chief.
[05:47.480 --> 05:55.120]  And we talked about, I was suggesting to the auditors that when you go out there and get
[05:55.120 --> 06:02.920]  these policemen jumping up and down and ordering you to stop videotaping, you want to call
[06:02.920 --> 06:06.160]  911 on them.
[06:06.160 --> 06:13.080]  And Chief said in the next show that three of his police officer buddies, he retired
[06:13.080 --> 06:20.640]  as a chief of police, actually three different times from three different locations.
[06:20.640 --> 06:25.480]  And three of his police officer buddies called him and said, man, you've got to do something
[06:25.480 --> 06:26.480]  about this guy.
[06:26.480 --> 06:32.080]  If they do that, that'll put us in a precarious position.
[06:32.080 --> 06:35.800]  And Chief told him, well, no, I need to get this guy a bigger venue.
[06:35.800 --> 06:39.920]  This isn't exactly what we need to do.
[06:39.920 --> 06:47.120]  So these guys are out there poking the bear, but they don't have the follow through.
[06:47.120 --> 06:54.000]  So we're trying to make the follow through available to them.
[06:54.000 --> 07:00.280]  And so far, I'm doing pretty good, we're making lots of contacts, and we're hoping we will
[07:00.280 --> 07:03.640]  get a lot more activity.
[07:03.640 --> 07:05.200]  And Brett, are you there?
[07:05.200 --> 07:13.960]  I've got a message up on my Skype that says, oh, it says, camera notifest found.
[07:13.960 --> 07:14.960]  Okay.
[07:14.960 --> 07:15.960]  So I'm good.
[07:15.960 --> 07:21.000]  I don't have my antenna hooked up, so I was afraid it wasn't working right yet.
[07:21.000 --> 07:37.800]  But I got a reference to a YouTube video about a guy who was arrested in Roy City, Texas.
[07:37.800 --> 07:40.360]  That's in Rockwell County.
[07:40.360 --> 07:47.640]  And then he went, he was one of these auditors, and he went back to go to court and stood
[07:47.640 --> 07:49.360]  at a stand in a motel.
[07:49.360 --> 07:54.600]  He set up at a campsite with his kids.
[07:54.600 --> 08:03.200]  And the police came out, three police cars with guns drawn, claiming that someone had
[08:03.200 --> 08:13.800]  called, and they came out for some kind of child check to make sure the children are
[08:13.800 --> 08:14.800]  okay.
[08:14.800 --> 08:21.640]  This was a campsite, and he was out there camping.
[08:21.640 --> 08:29.360]  And they got him out of the car at gunpoint and arrested him.
[08:29.360 --> 08:37.200]  And then gave the kids to Child Protective Services, took the keys from his car.
[08:37.200 --> 08:40.160]  Now the keys are gone.
[08:40.160 --> 08:44.720]  They called the bondsman and prevented all the bondsmen in the county from bonding him
[08:44.720 --> 08:45.720]  out.
[08:45.720 --> 08:49.160]  They had to get him bonded out from another county.
[08:49.160 --> 08:59.720]  And I told him I knew a guy who has kicked around Rockwell County before.
[08:59.720 --> 09:03.280]  And I told him, this guy is really good.
[09:03.280 --> 09:05.600]  He can really help you guys out.
[09:05.600 --> 09:11.560]  Now don't you appreciate that, Brett, that I thought of you and volunteered you for them?
[09:11.560 --> 09:12.560]  Your thought of me?
[09:12.560 --> 09:13.560]  Yeah.
[09:13.560 --> 09:14.560]  Aw.
[09:14.560 --> 09:15.560]  Isn't that nice?
[09:15.560 --> 09:16.560]  I'm touched.
[09:16.560 --> 09:23.720]  I thought you, yeah, I knew that, but I thought maybe you'd, I'm going to want you to talk
[09:23.720 --> 09:26.640]  to these people.
[09:26.640 --> 09:34.280]  And they, you know, these guys who cops are doing this stuff, these guys don't realize
[09:34.280 --> 09:38.080]  how vulnerable these police are.
[09:38.080 --> 09:42.920]  They don't realize yet how they're opening themselves up.
[09:42.920 --> 09:46.280]  So this fellow that was at the campsite, did he call 911?
[09:46.280 --> 09:50.640]  No, he didn't know that yet.
[09:50.640 --> 09:54.280]  He sees three cars out there and he's asking them who they are.
[09:54.280 --> 09:57.280]  And I'm thinking call 911.
[09:57.280 --> 10:02.200]  Tell them there's three cars out here, guys with guns, and you've got children here and
[10:02.200 --> 10:06.960]  they're threatening you and your children with guns.
[10:06.960 --> 10:14.360]  That would have put him on notice and then very, very likely he would not have been arrested.
[10:14.360 --> 10:23.440]  But since he was, I'd like to get a conference call with those guys and, you know, the guys
[10:23.440 --> 10:29.560]  this occurred to, this happened to, and me and you and talk about how they can take these
[10:29.560 --> 10:33.080]  guys on.
[10:33.080 --> 10:38.280]  Maybe we'll throw Scott in the mix as well.
[10:38.280 --> 10:40.280]  I kind of bushwhacked Brett with this.
[10:40.280 --> 10:46.080]  We didn't have time to talk off air, so he didn't get an opportunity to tell me, don't
[10:46.080 --> 10:48.280]  you dare bring that up on the air.
[10:48.280 --> 10:57.040]  No, it's just very sobering to think the people that are intended to serve and protect would
[10:57.040 --> 11:01.200]  actually take children away at gunpoint.
[11:01.200 --> 11:04.720]  And I know that horrible things like that happen.
[11:04.720 --> 11:13.200]  The guy had his video going and you could hear the children just wailing in the car.
[11:13.200 --> 11:15.200]  They're absolutely terrified.
[11:15.200 --> 11:18.200]  Well, of course.
[11:18.200 --> 11:23.600]  So this guy, you can't say that the cops in that position, you can't say that they're
[11:23.600 --> 11:27.040]  not earning some hate.
[11:27.040 --> 11:32.560]  They are setting themselves up for people to hate them.
[11:32.560 --> 11:40.560]  And we want to do all we can to assist them.
[11:40.560 --> 11:49.440]  So I will try to get some connections to them and we'll do a conference call with them and
[11:49.440 --> 11:53.800]  see if I can't get them some tools to take these guys on.
[11:53.800 --> 11:59.720]  You've got all, see, you can't get them the tools to take these guys on because you've
[11:59.720 --> 12:07.800]  already been through Rockwall, Rockwall County, you know, and it'll help that they will recognize
[12:07.800 --> 12:10.560]  what we're doing to them.
[12:10.560 --> 12:17.560]  And if we can get these guys with lots of followers, I am putting up a website where
[12:17.560 --> 12:22.000]  we will be posting blank documents.
[12:22.000 --> 12:29.200]  I'm going to take the traffic ticket software and readjust it for this purpose so that they
[12:29.200 --> 12:37.360]  can, people who are watching these videos, these auditors, some of them have 300,000,
[12:37.360 --> 12:41.160]  400,000 followers.
[12:41.160 --> 12:46.880]  I watch these videos and some of them just infuriate me.
[12:46.880 --> 12:51.720]  And I suspect there's a lot of people out there feeling the same way.
[12:51.720 --> 12:55.640]  So we'll give them a way to do something.
[12:55.640 --> 13:02.880]  Go to this website, put in your name and address and such, and we'll print you out
[13:02.880 --> 13:08.160]  a internal affairs complaint against each of the officers involved in whatever this
[13:08.160 --> 13:15.400]  video is, a criminal complaint against each one of them, a professional conduct complaint
[13:15.400 --> 13:20.880]  against each one of them, criminal complaints and professional conduct complaint against
[13:20.880 --> 13:28.680]  their boss, and then as it moves along, you know, following our routine, they can send
[13:28.680 --> 13:29.840]  more documents.
[13:29.840 --> 13:34.880]  So a kid was arrested in South Dakota.
[13:34.880 --> 13:39.480]  They're watching, there's an accident there, they're watching the accident, and the police
[13:39.480 --> 13:41.520]  came up and this one guy gave them the finger.
[13:41.520 --> 13:46.560]  Well, when they finished what they were doing, they came out and just ran up and grabbed
[13:46.560 --> 13:48.720]  him, tackled him and arrested him.
[13:48.720 --> 13:53.120]  They got hundreds of calls.
[13:53.120 --> 13:58.760]  So what we're going to try to give them to do, instead of hundreds of calls, you do
[13:58.760 --> 14:06.560]  hundreds of emailed internal affairs complaints, criminal complaints, professional conduct
[14:06.560 --> 14:11.840]  complaints, just flood them.
[14:11.840 --> 14:17.080]  One of these incidences will get them enough professional conduct complaints that are good
[14:17.080 --> 14:20.280]  chances in their career.
[14:20.280 --> 14:31.640]  And as we develop this, we can build lawsuits because what they're doing on each one is
[14:31.640 --> 14:35.320]  almost exactly the same every time.
[14:35.320 --> 14:43.880]  Same violations, same torts, same out of scope activity, we can build a pretty well pattern
[14:43.880 --> 14:44.880]  lawsuit.
[14:44.880 --> 14:51.120]  Get these guys filing it, and everything the other side brings up as an opposition to the
[14:51.120 --> 14:58.160]  lawsuit will give us the information we need to make adjustments to cover for that, to
[14:58.160 --> 15:03.000]  the point that they'll run out of things to argue.
[15:03.000 --> 15:05.160]  These guys are the point of the spirit.
[15:05.160 --> 15:10.360]  They can actually destabilize the whole system.
[15:10.360 --> 15:15.200]  They can force these policemen to go back to what they should have been in the first
[15:15.200 --> 15:16.200]  place.
[15:16.200 --> 15:24.360]  What Chief Jones calls peace officers as opposed to police officers.
[15:24.360 --> 15:30.800]  He's calling police officers these jack-booted militaristic thugs.
[15:30.800 --> 15:35.040]  Peace officers are out there to keep the peace, not create turmoil.
[15:35.040 --> 15:41.840]  When those guys came into Roy City and they pulled out their guns that we bought for them
[15:41.840 --> 15:45.560]  to keep the peace, and they acted like warmongers.
[15:45.560 --> 15:47.080]  And they threatened little children.
[15:47.080 --> 15:50.440]  They put little children in the line of fire.
[15:50.440 --> 15:51.440]  Right.
[15:51.440 --> 15:55.000]  That is nowhere near peace officer.
[15:55.000 --> 16:01.400]  And a female policeman went up to the window and said, it's okay, we're the police.
[16:01.400 --> 16:08.080]  And one guy commented, that is more terrifying than anything else.
[16:08.080 --> 16:12.880]  And I'm sure that has been the help to children one little bit.
[16:12.880 --> 16:21.680]  Okay, we are about to go to break and we already have a board full of callers.
[16:21.680 --> 16:25.800]  So when we come back from break, we'll start taking your calls.
[16:25.800 --> 16:28.480]  We'll be taking your calls all night.
[16:28.480 --> 16:35.160]  This is Randy Kelton, a little too early, still got about 30 seconds up.
[16:35.160 --> 16:42.480]  I did want to remind you that we still have our fundraiser going on and Deborah is struggling
[16:42.480 --> 16:46.800]  to keep this thing on the air and we're trying to build a crowdfunding sale for that purpose.
[16:46.800 --> 16:54.560]  So help us keep it going until we can get an alternative source of funding working.
[16:54.560 --> 17:01.560]  Hang on, we'll be right back.
[17:01.560 --> 17:04.560]  Rule of law radio is proud to offer the rule of law traffic seminar.
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[18:59.520 --> 19:00.520]  next.
[19:00.520 --> 19:22.760]  Okay, we are back, Randy Kelton, Debra Stevens, Brett Fountain, we love radio and we're talking
[19:22.760 --> 19:28.920]  to Andrew in Pennsylvania, hello Andrew, what do you have for us today?
[19:28.920 --> 19:35.160]  Yeah, Randy, back in the day when I called into your show to ask you if there was any
[19:35.160 --> 19:39.400]  validity to the one people's topic trust and you said, no, no, no, it's just going to get
[19:39.400 --> 19:46.080]  people in jail and I remember you made reference to Winston Strout on that program, Eddie Craig
[19:46.080 --> 19:49.880]  pointed out that you had him on the show way back in the day, he's firmly up to you,
[19:49.880 --> 19:54.360]  Jadav, who was 10 years in jail and for whatever reason, they haven't gone back to it, gone
[19:54.360 --> 19:58.280]  after him yet, but I was out of curiosity.
[19:58.280 --> 20:02.000]  How did you get him on the show and how did you get him to admit that he was making the
[20:02.000 --> 20:03.000]  law?
[20:03.000 --> 20:04.000]  What did he say?
[20:04.000 --> 20:13.520]  Okay, actually, he wasn't on this show, I was on his show and Pastor Massad from Truth
[20:13.520 --> 20:22.800]  Radio Network set me up for that, his only show and I told him about what I do and asked
[20:22.800 --> 20:28.200]  him to explain what it is that he does and he went through all this stuff about the
[20:28.200 --> 20:36.600]  bankruptcy and such and I said, well, Winston, I noticed that in addressing all of this,
[20:36.600 --> 20:45.480]  you haven't referenced any law and I'm a creature of statute, so I need statute and
[20:45.480 --> 20:48.680]  case law to support what you say, where would I find that?
[20:48.680 --> 20:54.520]  And there was a relatively long pause and then he said, well, I don't think he will
[20:54.520 --> 20:57.200]  find any.
[20:57.200 --> 21:02.080]  I said, well, then where did you come up with this?
[21:02.080 --> 21:07.720]  He said, well, I figured it out.
[21:07.720 --> 21:09.720]  You figured it out.
[21:09.720 --> 21:15.560]  Oh, okay, so what you're saying is you made it up.
[21:15.560 --> 21:21.840]  Another long pause and he said, well, yeah, I guess you could say that, I made it up.
[21:21.840 --> 21:27.680]  I said, Winston, I can't go into court without made it up.
[21:27.680 --> 21:31.360]  I need some kind of statutory or case law foundation.
[21:31.360 --> 21:40.240]  He didn't have any, or at least if you had any, he wouldn't, he didn't give me any.
[21:40.240 --> 21:42.960]  So that's where that came from.
[21:42.960 --> 21:43.960]  Okay.
[21:43.960 --> 21:52.960]  Also, out of curiosity, do you have any chance to know, because some guy who I met at a Patriot
[21:52.960 --> 21:58.480]  community rally here in Pennsylvania assured me that there is some United States Supreme
[21:58.480 --> 22:04.760]  Court ruling that actually makes it clear that using a bullhorn or megaphone, whatever
[22:04.760 --> 22:11.400]  you want to call it, a protest is actually protected by the First Amendment.
[22:11.400 --> 22:15.640]  So anybody who's ever been arrested for using a bullhorn without a permit should be able
[22:15.640 --> 22:19.520]  to use that as a legitimate argument to get the targets against them.
[22:19.520 --> 22:25.760]  Okay, there's nothing that would stop you from using a bullhorn, but the restrictions
[22:25.760 --> 22:28.480]  go to decibel limits.
[22:28.480 --> 22:35.640]  If they won't stop you from using it, but if it's too loud, then they can stop you
[22:35.640 --> 22:40.480]  from using it or you'd have to turn it down.
[22:40.480 --> 22:47.720]  If I'm in my house asleep because I work nights and you come along with a bullhorn
[22:47.720 --> 22:57.320]  blow me out of bed, you're, I'm in my house and you have no right to infringe on my peace
[22:57.320 --> 23:03.040]  in my house.
[23:03.040 --> 23:12.560]  So some municipalities and jurisdictions have passed decibel limits.
[23:12.560 --> 23:17.680]  And that Supreme Court doesn't actually specify that the one that he alleged that you can
[23:17.680 --> 23:18.680]  use a bullhorn?
[23:18.680 --> 23:21.360]  Yeah, I saw that argument.
[23:21.360 --> 23:26.440]  He did not allege, he just allege they stopped him from using the bullhorn.
[23:26.440 --> 23:32.880]  He didn't address whether or not there were decibel limits that limited him from using
[23:32.880 --> 23:33.880]  the bullhorn.
[23:33.880 --> 23:40.080]  And I get this stuff all the time, I get people complaining that they can't do things and
[23:40.080 --> 23:47.880]  the government's picking on me, but they don't tell the whole story.
[23:47.880 --> 23:51.160]  Bullhorns have a specific problem.
[23:51.160 --> 23:56.880]  They interfere with the peace of other individuals.
[23:56.880 --> 24:04.400]  Sure, you have a right to First Amendment, but you don't have a right to breach my peace
[24:04.400 --> 24:09.760]  while you're in act where you're enjoying your First Amendment.
[24:09.760 --> 24:19.360]  Right, okay, and when it comes to protesting private events, my understanding is the courts
[24:19.360 --> 24:25.080]  have ruled that, and this is the reason why developed Christians can't get arrested for
[24:25.080 --> 24:28.240]  protesting privately owned abortion clinics.
[24:28.240 --> 24:36.760]  As long as they're standing on a public sidewalk, not obstructing anybody walking down the sidewalk,
[24:36.760 --> 24:40.760]  this would apply to any private event.
[24:40.760 --> 24:47.000]  You can stand on the sidewalk, let's say without a bullhorn, and protest wherever you want
[24:47.000 --> 24:51.280]  that the private event is doing that you do.
[24:51.280 --> 25:02.800]  You can't interfere with people moving about, but yeah, absolutely that's as it should be.
[25:02.800 --> 25:11.160]  Even if their opinions are obnoxious to you, life is tough, but they can't do that so
[25:11.160 --> 25:14.280]  loud that they interfere with your peace.
[25:14.280 --> 25:19.840]  Now, in a commercial district, I guess it would be the same problem if I'm operating
[25:19.840 --> 25:26.000]  a business, and you're out on the street with a bullhorn that's so loud that I can't talk
[25:26.000 --> 25:33.720]  to people on the phone or communicate with people and perform my business, that would
[25:33.720 --> 25:37.840]  exceed the scope of First Amendment.
[25:37.840 --> 25:44.960]  Fair enough, okay, and one more question for you.
[25:44.960 --> 25:52.240]  Now, the idea that if enough people are around, then the police in the U.S.
[25:52.240 --> 25:55.120]  would please do use force on the people to suppress rights.
[25:55.120 --> 26:00.400]  If there's enough people to suppress the police, I mean, I'm sure you've heard about
[26:00.400 --> 26:07.720]  the Storm Area 51 thing where we can all stampede a million men or stampede on Area 51
[26:07.720 --> 26:09.720]  and they can't stop us all.
[26:09.720 --> 26:12.600]  Well, likewise, I got a little bit of an idea here.
[26:12.600 --> 26:17.280]  We've had problems here in Philadelphia over the past few years.
[26:17.280 --> 26:25.280]  People are trying to hold legalized cannabis rallies in Independence Park, in Philly, and
[26:25.280 --> 26:31.520]  at first it wasn't a problem, but ever since then, whenever they try to light up the joints
[26:31.520 --> 26:36.680]  in the blunts, the police will instantly come in and arrest people.
[26:36.680 --> 26:40.280]  Well, okay, let's say we got a lot of people.
[26:40.280 --> 26:46.280]  Okay, hold on, hold on, is it still illegal to smoke pot in Pennsylvania?
[26:46.280 --> 26:53.280]  Okay, but the fault one, I have an advantage, yes, but it's...
[26:53.280 --> 27:01.960]  Okay, if these guys are coming out there to protest and they're violating law as a protest,
[27:01.960 --> 27:06.760]  well, what's the cop supposed to do?
[27:06.760 --> 27:08.760]  It's his job.
[27:08.760 --> 27:16.760]  Oh, God, it's their job, but okay, let's use the argument that someone like Winston
[27:16.760 --> 27:20.680]  would say that the laws that make marijuana illegal are not laws there.
[27:20.680 --> 27:21.680]  What is public policy?
[27:21.680 --> 27:26.120]  Therefore, if the police are arresting someone who is smoking potting in a place...
[27:26.120 --> 27:28.880]  They're laws.
[27:28.880 --> 27:30.920]  They're written into statute.
[27:30.920 --> 27:38.680]  That's a law, and that law may be unconstitutional, it may be offensive, but until it is ruled
[27:38.680 --> 27:43.400]  unconstitutional and offensive, it's law.
[27:43.400 --> 27:53.120]  This shows rule of radio, not rule of personal opinion radio.
[27:53.120 --> 28:07.040]  And if we are going to have a consistent republic, we have to have one system, doesn't change
[28:07.040 --> 28:13.000]  just because somebody disagrees with it.
[28:13.000 --> 28:22.640]  It's my position, and I get some flak for this, that judges are not there to secure justice.
[28:22.640 --> 28:26.840]  Judges are there to properly apply the law to the facts.
[28:26.840 --> 28:35.840]  I don't care what that judge thinks is just or is not just, that's not his place.
[28:35.840 --> 28:46.840]  It is the legislature's place to write law that secures just outcomes.
[28:46.840 --> 28:52.480]  These people that are clamoring for common law, are they insane?
[28:52.480 --> 28:56.240]  Common law is where a judge can rule anything he wants to.
[28:56.240 --> 28:58.640]  I don't want that judge ruling anything he wants to.
[28:58.640 --> 29:01.120]  I want him tightly bound by statute.
[29:01.120 --> 29:03.360]  Rule what the law says.
[29:03.360 --> 29:08.680]  If you don't like it, your problem, rule on it anyway.
[29:08.680 --> 29:11.360]  And if enough people don't like it, they'll go and change it.
[29:11.360 --> 29:14.920]  And that's what's happening with marijuana laws.
[29:14.920 --> 29:20.760]  They're being changed, but until they're changed, if you intentionally flaunt that law, you
[29:20.760 --> 29:23.920]  don't get to complain when you get arrested for it.
[29:23.920 --> 29:29.680]  Okay, well let me use an anti-crack argument for you.
[29:29.680 --> 29:34.240]  We know what one of the words, or sorry to say, terms of that Eddie Craig says you should
[29:34.240 --> 29:37.440]  object to in court is law.
[29:37.440 --> 29:42.040]  And the whole idea behind that is that there's a difference between what is law and what
[29:42.040 --> 29:43.800]  is considered to be public policy.
[29:43.800 --> 29:44.800]  Okay, hang on.
[29:44.800 --> 29:48.560]  We'll speak to public policy when we come back.
[29:48.560 --> 29:53.760]  This is Randy Kelton, Debbie Stevens, Brett Fountain, but with the law radio, we'll be
[29:53.760 --> 30:00.760]  right back.
[30:23.760 --> 30:46.840]  Yeah, privacy is a big deal.
[30:46.840 --> 30:51.320]  So nearly every company has a policy explaining how they handle your personal information.
[30:51.320 --> 30:54.400]  But what happens if it escapes their control?
[30:54.400 --> 30:56.080]  It's not an idle question.
[30:56.080 --> 31:01.200]  According to a recent survey, a shocking 90% of U.S. companies admit their security was
[31:01.200 --> 31:03.520]  breached by hackers in the last year.
[31:03.520 --> 31:07.320]  That's one more reason you should trust your searches to startpage.com.
[31:07.320 --> 31:11.800]  Unlike other search engines, Startpage doesn't store any data on you.
[31:11.800 --> 31:15.520]  They've never been hacked, but even if they were, there would be nothing for criminals
[31:15.520 --> 31:16.520]  to see.
[31:16.520 --> 31:18.000]  The cupboard would be there.
[31:18.000 --> 31:26.160]  Too bad other companies don't treat your data the same way.
[31:26.160 --> 31:31.320]  I'm Dr. Catherine Albrecht.
[31:31.320 --> 31:35.360]  More news and information at CatherineAlbrecht.com.
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[31:39.000 --> 31:43.280]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
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[31:58.160 --> 31:59.160]  Why it fell?
[31:59.160 --> 32:00.160]  Why it matters?
[32:00.160 --> 32:01.160]  As what you can do.
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[33:02.720 --> 33:30.720]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[33:30.720 --> 33:36.320]  Okay, we are back, Randy Kelton, Brett Fountain, Debra Stephens River Rail Radio, and we're
[33:36.320 --> 33:42.160]  talking to Andrew in Pennsylvania, and we discussed this here the whole break.
[33:42.160 --> 33:51.480]  And Debra was, I think she clarified what I believe may be your issue, is that in any
[33:51.480 --> 33:57.160]  misdemeanor, at least in Texas, I'm sure it's similar in Pennsylvania that this is probably
[33:57.160 --> 33:58.160]  what's going on.
[33:58.160 --> 34:07.840]  In any misdemeanor, class A, B, or C, an officer has discretion in that he can either arrest
[34:07.840 --> 34:14.400]  the perpetrator or release the perpetrator on a signed promise to appear, so within the
[34:14.400 --> 34:19.520]  discretion of the officer, not for a felony for a felony they must arrest.
[34:19.520 --> 34:28.560]  So if that's the case in Pennsylvania, and the police don't always arrest on a pot charge,
[34:28.560 --> 34:34.880]  the smoking marijuana charge, they can.
[34:34.880 --> 34:43.320]  And what Debra's issue was is when policy orders the officer to arrest for certain offenses,
[34:43.320 --> 34:52.880]  where there is a problem, because where this legislature gives the officer the discretion
[34:52.880 --> 35:01.040]  to make his determination, and policy takes away his discretion, there is a problem.
[35:01.040 --> 35:06.720]  But my suggestion to these guys, if they want to protest this and really give the police
[35:06.720 --> 35:22.440]  a working over, smoke alfalfa, alfalfa looks and smells exactly like pot, and when they
[35:22.440 --> 35:28.400]  get arrested for smoking alfalfa, then they get to go after them, use all of our tools
[35:28.400 --> 35:32.360]  against them.
[35:32.360 --> 35:37.360]  So that's about it, anything else, Sandra?
[35:37.360 --> 35:41.920]  Yeah, well, okay, I realize you have a full board of callers, but just some food for thought.
[35:41.920 --> 35:46.880]  Were you aware of the fact that on his list of Debbie Sins, one of the, when protesting
[35:46.880 --> 35:54.000]  traffic tickets, or in some cases, many other statutory infractions, Eddie Craig has said
[35:54.000 --> 36:00.040]  you're supposed to object to the word law if the prosecution uses it, because you're
[36:00.040 --> 36:03.320]  not technically being charged with breaking a law, you're being charged with breaking
[36:03.320 --> 36:07.320]  what is something that is considered to be public policy, therein you would make sense
[36:07.320 --> 36:11.280]  to object to the word law.
[36:11.280 --> 36:16.920]  That depends on whether or not you're charged with violating a policy or a law.
[36:16.920 --> 36:21.920]  If you're charged with speeding, that's a law, it's a transportation code, but it's
[36:21.920 --> 36:23.520]  still a law.
[36:23.520 --> 36:32.080]  If you're charged with any traffic offense, that's a law, and calling it a policy, you'd
[36:32.080 --> 36:39.120]  have to establish that it's a policy, I don't know how it becomes a policy.
[36:39.120 --> 36:48.560]  It may be that we're misinterpreting what he, the context of what he said, because it is
[36:48.560 --> 36:58.320]  too well first in law to make that kind of error, it may just be a misunderstanding.
[36:58.320 --> 37:01.040]  Maybe, okay.
[37:01.040 --> 37:09.960]  Law is not policy, and policy definitely not law, although it can take on the appearance
[37:09.960 --> 37:17.520]  of law, it never takes on the authority of law, Halsey State.
[37:17.520 --> 37:19.760]  I'm a story and I'm sticking to it.
[37:19.760 --> 37:24.200]  Okay, I do need to go, we have a whole board full of callers.
[37:24.200 --> 37:29.360]  Thank you Andrew, it's been a long time since we've heard from you.
[37:29.360 --> 37:36.480]  And you've been really busy on your podcast, I get a lot of emails from you, you have a
[37:36.480 --> 37:40.440]  lot of stuff going on.
[37:40.440 --> 37:45.320]  And we do allow shameless self-promotion, you know.
[37:45.320 --> 37:54.400]  Okay, thank you Andrew, now we're going to go to Troy in Texas, hello Troy.
[37:54.400 --> 37:56.840]  What do you have for us today?
[37:56.840 --> 38:04.520]  Well, I wanted to make a few comments, and then to kind of a question, but I bought the
[38:04.520 --> 38:13.640]  Brent Johnson seminar from FreedomRadio.us, he's an old patriot, old school.
[38:13.640 --> 38:15.640]  FreedomRadio?
[38:15.640 --> 38:16.640]  Wait a minute.
[38:16.640 --> 38:17.640]  Dot US, yeah.
[38:17.640 --> 38:18.640]  Who is FreedomRadio?
[38:18.640 --> 38:31.720]  Brent Johnson, I'm 100% you know of him, but anyway what I wanted to say is I got his seminars,
[38:31.720 --> 38:39.480]  which is from the 90s, you know, and in the seminar he says, when they put your name in
[38:39.480 --> 38:44.920]  all capital letters, some guy done that in a court case, and he won or whatever, but
[38:44.920 --> 38:49.720]  they sealed it up, and he said basically they don't act on things like that.
[38:49.720 --> 38:54.640]  And then I think that Princeton Shroud might have took some of that capital name stuff
[38:54.640 --> 38:57.520]  and went a little crazy with it or something, I don't know.
[38:57.520 --> 39:02.760]  I have heard this, you know, I've been doing this show a long time, and if you've listened
[39:02.760 --> 39:08.160]  to the show from the beginning, when I first started this show, we've got a lot of people
[39:08.160 --> 39:15.840]  calling in talking about that kind of thing, and I have repeatedly asked for some kind
[39:15.840 --> 39:21.840]  of statutory or case law support for their claims, and every time I start pushing for
[39:21.840 --> 39:27.080]  that I get a lot of huffin' and puffin' and saber rattling, and I get told how stupid
[39:27.080 --> 39:33.240]  I am, but I've never got the code to support it.
[39:33.240 --> 39:34.240]  You know what I do?
[39:34.240 --> 39:39.640]  I would love to take that and cram it down their throats.
[39:39.640 --> 39:46.360]  Nobody's ever given me anything I can use to cram it down their throats with, so I haven't
[39:46.360 --> 39:51.640]  found any litigatable value in it.
[39:51.640 --> 40:03.080]  Actually, the courts say that if you can look at a name and from what you see determine
[40:03.080 --> 40:06.840]  who the person is, that's all that matters.
[40:06.840 --> 40:10.920]  Your name can be spelled wrong, it can be all caps, no caps.
[40:10.920 --> 40:16.840]  If a person, a reasonable person of ordinary prudence can look at that name and know who
[40:16.840 --> 40:25.760]  it refers to, that's all it needs to be, and that's all the value it has, so I've never
[40:25.760 --> 40:29.240]  seen anything supporting this all-caps thing.
[40:29.240 --> 40:39.040]  That's conjecture on top of conjecture on top of conjecture, and okay, yes there is
[40:39.040 --> 40:45.800]  a private man and a public man, but that's subtle.
[40:45.800 --> 40:52.680]  If you want to understand the difference between the private and the public, go up to intercourse
[40:52.680 --> 40:59.880]  Pennsylvania, or Blue Ball, or anywhere up there north of Lancaster, and talk to the
[40:59.880 --> 41:08.160]  Amish or the Blackpumper Mennonites, they fully understand the difference between the
[41:08.160 --> 41:10.680]  public and the private.
[41:10.680 --> 41:17.480]  They live in the private, and sometimes they have to come out of the private to contract
[41:17.480 --> 41:28.320]  in the public, but they keep those two separate, and it has nothing to do with capital letters.
[41:28.320 --> 41:33.760]  They understand that principle, and if you watch the Amish, they'll demonstrate to you
[41:33.760 --> 41:36.960]  how that principle works.
[41:36.960 --> 41:37.960]  Okay?
[41:37.960 --> 41:47.680]  Yes, I believe you, Randy, and I know you don't like to even go on that type of a topic,
[41:47.680 --> 41:54.480]  but all I just wanted to mention on that point was that Brent Johnson said it happened one
[41:54.480 --> 42:00.400]  time in the court, but they sealed the record, so you know, I don't...
[42:00.400 --> 42:08.360]  It's really nice, because that's something we can't verify, and it's problematic.
[42:08.360 --> 42:11.360]  Okay, got you.
[42:11.360 --> 42:16.040]  This is some other things I wanted to bring up to you.
[42:16.040 --> 42:20.600]  On the First Amendment Audits, okay, this is what happens, Randy.
[42:20.600 --> 42:25.760]  I've watched several of these videos, and yeah, I'm like you.
[42:25.760 --> 42:32.320]  I get upset and mad, and sometimes the people, they don't know what you're teaching if they
[42:32.320 --> 42:37.480]  would learn, we could really fix these problems, but this is what the cop does.
[42:37.480 --> 42:44.000]  When you go into City Hall, and you start filming, the ladies inside the office call
[42:44.000 --> 42:48.480]  the police on you, because they don't like it, and the police come there, and they say
[42:48.480 --> 42:55.600]  to the guy, look, this is not normal behavior, this is abnormal, so I am normal.
[42:55.600 --> 43:02.440]  I am suspicious of you, so I'm opening an investigation, and I need to see your ID,
[43:02.440 --> 43:08.360]  because you're a suspicious character, because this is not normal behavior, and then that's
[43:08.360 --> 43:13.800]  when it gets started, when the guys refuse to give ID, and then cops say, well, I'm going
[43:13.800 --> 43:18.480]  to have to arrest you, you're interfering with my investigation, and then they turn
[43:18.480 --> 43:20.280]  it into different types of crimes.
[43:20.280 --> 43:23.120]  Okay, here's the deal.
[43:23.120 --> 43:29.040]  You can have all the investigation you want to, you can have all the suspicions you want
[43:29.040 --> 43:36.720]  to, and you can come to me and ask me questions if you want to, and unless you specifically
[43:36.720 --> 43:46.120]  articulate probable cause, I have the option of complying or not complying.
[43:46.120 --> 43:50.680]  I don't have to yield my rights just because you have a problem.
[43:50.680 --> 43:55.600]  Come on, go in the break, Randy Kelton, rule of law radio, Randy Kelton, they're receiving
[43:55.600 --> 43:56.600]  a break.
[43:56.600 --> 43:58.600]  Ah, forget it, we'll be right back.
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[46:14.800 --> 46:38.920]  All right, we are back, this is the rule of law radio, Randy Kelton, I'm Brett Fountain,
[46:38.920 --> 46:41.640]  and we're talking with Troy in Texas.
[46:41.640 --> 46:46.040]  Hey, Troy, let me get him in.
[46:46.040 --> 46:47.040]  There we go.
[46:47.040 --> 46:52.560]  Brett, you're outside the courthouse right now and you have a camera, and the officer
[46:52.560 --> 46:57.320]  comes up to you and says, sir, sir, we've got some complaints that you're out here with
[46:57.320 --> 47:04.360]  a camera, and what you're doing is not reasonable or normal behavior.
[47:04.360 --> 47:05.920]  Why are you doing this?
[47:05.920 --> 47:11.440]  So you are being detained, and I need to see some identification.
[47:11.440 --> 47:15.640]  So what are we going to do about that?
[47:15.640 --> 47:17.840]  Am I the target of an investigation?
[47:17.840 --> 47:19.840]  What's the crime?
[47:19.840 --> 47:29.040]  Okay, this is what I'm proposing to these auditors.
[47:29.040 --> 47:36.880]  When the policeman comes out and tells me that he thinks I'm suspicious, and he is instituting
[47:36.880 --> 47:43.480]  an investigation, and he tells me that I have to stop filming and leave the property, that
[47:43.480 --> 47:47.640]  gets a 911 call.
[47:47.640 --> 47:54.400]  I really don't care about his investigation, that's his problem, not my problem, but my
[47:54.400 --> 48:02.120]  rights do not diminish because he has suspicions.
[48:02.120 --> 48:10.880]  Consider that, consider the slippery slope, if you do anything that a policeman can in
[48:10.880 --> 48:18.240]  any way construe as unusual, do you lose all your rights?
[48:18.240 --> 48:22.240]  No, you don't.
[48:22.240 --> 48:26.840]  Okay, well how about this part?
[48:26.840 --> 48:30.160]  How about this part, Randy?
[48:30.160 --> 48:36.000]  What you're saying makes 100% perfect sense, and we need to hear that, we need to learn
[48:36.000 --> 48:37.000]  that, it makes sense.
[48:37.000 --> 48:43.280]  Now watch this, I've seen some videos where they got four or five auditors, and the cops
[48:43.280 --> 48:50.560]  come up, detain one of them illegally, one is ID, you know, and go ahead and arrest him.
[48:50.560 --> 48:57.840]  I want to know this, can you teach us how to make a citizen's arrest on the officer since
[48:57.840 --> 48:58.840]  he's-
[48:58.840 --> 49:04.240]  No, no, no, never make a citizen's arrest, they'll beat you into unconsciousness.
[49:04.240 --> 49:11.400]  It's much, much better to dial 911, there's a guy out here with the gun, he is committed
[49:11.400 --> 49:17.160]  for, if it's in Texas, first degree felony aggravated assault against this guy, I need
[49:17.160 --> 49:21.720]  you to get someone, and he is agitated, you need to get somebody out here to get him under
[49:21.720 --> 49:27.240]  control, and I will swear out the criminal complaint with him.
[49:27.240 --> 49:35.960]  Now what you've done is you've got an officer out there to answer your complaint, and if
[49:35.960 --> 49:42.960]  the officer says, well, if it didn't happen to you, you can't complain, 911, obstruction,
[49:42.960 --> 49:52.680]  you guys, when you, this is what I want to give him to do, right now they're trying to
[49:52.680 --> 50:00.840]  teach the officers about First Amendment, and I'm going to suggest, stop doing that,
[50:00.840 --> 50:12.400]  bad strategy, because right now you're playing into what the police do, the police do confrontation.
[50:12.400 --> 50:18.960]  Okay, I've muted you for the moment because you have so much background noise, Troy, the
[50:18.960 --> 50:28.320]  police do confrontation, they're trained to do confrontation, they're very good at confrontation,
[50:28.320 --> 50:36.920]  so what I'm suggesting these guys do, instead of using the original audit as a way to train
[50:36.920 --> 50:45.480]  the police, use the original audit as a way to set them up, all you want to do with the
[50:45.480 --> 50:55.560]  original audit is to get the officer to give you an excuse to call 911.
[50:55.560 --> 51:02.840]  This guy, in my opinion, and I'm a reasonable person of ordinary prudence, stepped across
[51:02.840 --> 51:10.920]  a legal line, and the more minor and minuscule it is, the better, you want to sting him before
[51:10.920 --> 51:18.640]  he's acted really ignorant, you want to sting him when he still thinks he is well within
[51:18.640 --> 51:24.600]  the limits of his rights and authority, sting him quick.
[51:24.600 --> 51:29.240]  When he comes out and says, you need to put the camera down, and you say, I don't think
[51:29.240 --> 51:39.640]  I want to, then when he orders you to put the camera down, 911, that's enough, he asked
[51:39.640 --> 51:48.320]  me the first time, I refuse to comply, he told me the second time, he just stepped across
[51:48.320 --> 51:55.640]  the line, that's far enough, you don't need to go any further, I suggest that you call
[51:55.640 --> 52:00.360]  the non-emergency number, and if you don't have it, ask the officer what's the non-emergency
[52:00.360 --> 52:06.720]  number for the sheriff's department, and always the sheriff's department, doesn't matter if
[52:06.720 --> 52:14.160]  it's municipal police or highway patrol, state police, doesn't matter who it is, the sheriff
[52:14.160 --> 52:23.720]  is the number one law enforcement guy in the county, so you call the, you ask for the non-emergency
[52:23.720 --> 52:30.880]  number for the sheriff's department, if he doesn't give it to you, dial 911, if he gives
[52:30.880 --> 52:37.200]  it to you, dial the non-emergency number, when you ask him for the non-emergency number,
[52:37.200 --> 52:47.000]  the sheriff's department, that's going to act as a pattern interruption, oops, something's
[52:47.000 --> 52:54.600]  going on here that I did not anticipate, this scoundrel had something planned for me, he
[52:54.600 --> 53:00.400]  set me up, that's exactly what we want him to think, and then you get the dispatcher,
[53:00.400 --> 53:05.440]  and the dispatcher's going to ask you what happened, and say, well blah blah blah, and
[53:05.440 --> 53:12.840]  when the dispatcher starts trying to give you legal advice, oh well, that's not a crime,
[53:12.840 --> 53:22.240]  whoa, are you a prosecuting attorney, and they're going to say no, well are you a lawyer, well
[53:22.240 --> 53:30.240]  no, then who are you, I'm the dispatcher, well dispatch, if I need a cistern, I'll go
[53:30.240 --> 53:35.880]  down to the local strip club and hire one, in the meantime, get an officer out here,
[53:35.880 --> 53:42.960]  I'll make all my explanations to him, and you want the other person to hear you do that,
[53:42.960 --> 53:51.280]  I have done that more times than I can count, and when you do that, then the officer's likely
[53:51.280 --> 53:58.520]  to try to talk to you again, now you tell them, hold on, stop, stop, stop, stop, we can't
[53:58.520 --> 54:04.960]  be having any further discussion, I've called someone and I'll be making criminal accusations
[54:04.960 --> 54:13.280]  against you, so we can't make any further discussion, because if you say something that
[54:13.280 --> 54:18.600]  I can in any way interpret as threatening, that will be construed as witness tampering
[54:18.600 --> 54:26.200]  and obstruction of justice, so it's best that we wait for this officer I called to get here,
[54:26.200 --> 54:37.200]  I did that in Randall County, Texas, San Marillo, and I had, this is over some records from
[54:37.200 --> 54:41.800]  the court clerk that she wouldn't give me, she wanted me to look in the computer, actually
[54:41.800 --> 54:47.240]  I called 911, or I called an auto emergency number, the lieutenant who wouldn't take my
[54:47.240 --> 54:52.160]  complaint and the clerk came out, and the lieutenant started to talk to me and I told
[54:52.160 --> 54:56.680]  him, stop, stop, stop, we can't be talking in the whole spiel, and the bailiff said,
[54:56.680 --> 55:05.920]  well she has the records that you asked for, sorry Bubba, that bail's already been wrong,
[55:05.920 --> 55:16.000]  the look on the clerk's face was absolutely priceless, will you do this to the officer,
[55:16.000 --> 55:24.000]  if you, if you do it quickly, if you wait until you're in an argument, it just seems
[55:24.000 --> 55:32.720]  like you're just peed, and just trying to get back at it, but if you do it early on,
[55:32.720 --> 55:41.400]  the officer's gonna think, that scoundrel set me up for that, and frankly, you don't
[55:41.400 --> 55:51.040]  care if the officer really did enough to constitute a crime or not, don't care, if
[55:51.040 --> 55:58.360]  you feel like he violated one of your rights, and he didn't, well that's even better, because
[55:58.360 --> 56:06.240]  then he's not gonna get into any trouble, well, he is gonna get in trouble, but not
[56:06.240 --> 56:13.120]  in criminal trouble, he's gonna get in the kind of trouble we want them to have, it's
[56:13.120 --> 56:19.760]  all political, when we take the complaint of this officer who responds, and the officer
[56:19.760 --> 56:29.320]  who, who responds refuses to take our complaint, that's a whole other animal, whether or not
[56:29.320 --> 56:37.760]  the officer who responds believes that a crime has been committed is irrelevant, he's talking
[56:37.760 --> 56:47.520]  to his master, he is the servant, the citizen is the master, and when the master, who is
[56:47.520 --> 56:54.480]  a credible person by definition, never been accused, never been convicted of a felony
[56:54.480 --> 57:01.560]  over the age of 18, when his master gives him notice that a crime has been committed,
[57:01.560 --> 57:09.960]  he has no power to overrule the master, the only one who has power to overrule the master
[57:09.960 --> 57:16.520]  is the magistrate, and in Texas when a police officer has it made known to him that a crime
[57:16.520 --> 57:23.920]  has been committed, he is required to submit the complaint to some magistrate, the magistrate
[57:23.920 --> 57:29.960]  will make that determination, not the police officer, so you want to get this police officer
[57:29.960 --> 57:37.000]  to refuse to take the complaint, now you got him dead bag, you may not have the first
[57:37.000 --> 57:45.360]  one, but you got the second one, oh yeah, that's my par, baby, bubba, see you start
[57:45.360 --> 57:52.520]  up the line, and this is what I'm trying to demonstrate to this auditing, these auditing
[57:52.520 --> 58:00.320]  people, they're not accustomed to the backside, they're not accustomed to what happens after
[58:00.320 --> 58:05.280]  you get into the courts, and they're afraid of the courts because most of their experience
[58:05.280 --> 58:12.960]  is them being prosecuted, and we want to convince them the best fight to have is the one you
[58:12.960 --> 58:21.840]  picked, when you pick the fight, it's a whole other animal, Brett's chuckling in the background
[58:21.840 --> 58:26.680]  because he's been there, done that, in the process right now, he's trying to tell me
[58:26.680 --> 58:30.760]  what he was doing the other day, and he had trouble telling me all of it because he couldn't
[58:30.760 --> 58:40.040]  quit left, hang on, got to go to break, Calton, Denver Stephens, Brett Fountain, Wheel of
[58:40.040 --> 58:50.360]  Long Radio, I think we got more hosts than listeners today, we'll be right back.
[58:50.360 --> 58:55.800]  The Bible remains the most popular book in the world, yet countless readers are frustrated
[58:55.800 --> 58:58.600]  because they struggle to understand it.
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[59:21.600 --> 59:26.960]  way, providing an entrance into the riches of the Word beyond which you've ever experienced
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[59:27.960 --> 59:33.560]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:33.560 --> 59:43.960]  This comprehensive yet compact study Bible is yours just by calling us toll-free at 1-888-551-0102
[59:43.960 --> 59:47.960]  or by ordering online at freestudybible.com.
[59:47.960 --> 59:49.960]  That's freestudybible.com.
[59:49.960 --> 01:00:00.960]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:00.960 --> 01:00:05.960]  The following news flash is brought to you by The Lowest Star of Lowdowns.
[01:00:05.960 --> 01:00:12.960]  Markets for Monday the 22nd of July 2019 open with precious metals, gold at $1,429 an ounce,
[01:00:12.960 --> 01:00:21.960]  silver $16.45 an ounce, copper $2.75 an ounce, oil Texas crude $55.63 a barrel, Brent crude
[01:00:21.960 --> 01:00:31.960]  $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum $227.26,
[01:00:31.960 --> 01:00:45.960]  XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[01:00:45.960 --> 01:00:51.960]  Today in History, the year 1916, the Preparedness Day bombing, a timed suitcase bomb, was detonated
[01:00:51.960 --> 01:00:57.960]  on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[01:00:57.960 --> 01:01:04.960]  10 and injuring 40 today in history.
[01:01:04.960 --> 01:01:09.960]  And recent news, since the Governor Greg Abbott signed House Bill 1325 legalizing heaven attacks
[01:01:09.960 --> 01:01:14.960]  his law back in June, county prosecutors around the state including Houston, Austin, and San
[01:01:14.960 --> 01:01:18.960]  Antonio have been dropping marijuana possession charges and even refusing to file new ones
[01:01:18.960 --> 01:01:22.960]  since they are stipulating that they do not have the time or the laboratory equipment to
[01:01:22.960 --> 01:01:27.960]  test the herb for THC. Margaret Moore, the Travis County District Attorney announced earlier
[01:01:27.960 --> 01:01:31.960]  this month that she was dismissing 32 felony possession and delivery of marijuana cases
[01:01:31.960 --> 01:01:36.960]  because of the law. Mr. Abbott and other state officials including the Attorney General stipulated
[01:01:36.960 --> 01:01:41.960]  in a letter to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:01:41.960 --> 01:01:47.960]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:01:47.960 --> 01:01:53.960]  well as other cities too, like the District Attorney and El Paso, Kyma Esparza, a Democrat
[01:01:53.960 --> 01:01:58.960]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:01:58.960 --> 01:02:03.960]  prosecution of marijuana cases in El Paso. However, the issue was succinctly summarized
[01:02:03.960 --> 01:02:08.960]  by Mr. Brandon Ball, an assistant public defender in Harris County who stated that, quote, the
[01:02:08.960 --> 01:02:12.960]  law is constantly changing on what makes something illegal based on its chemical makeup. It's
[01:02:12.960 --> 01:02:17.960]  important that if someone is charged with something, the test matches what they're charged with.
[01:02:21.960 --> 01:02:26.960]  A paper by Tulane University identified a five and a half inch American pocket shark as the
[01:02:26.960 --> 01:02:31.960]  first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark
[01:02:31.960 --> 01:02:37.960]  ever captured or recorded with the other one being found way back in 1979 in the East Pacific
[01:02:37.960 --> 01:02:42.960]  Ocean. According to the university paper, the shark secretes a luminous fluid from a gland
[01:02:42.960 --> 01:02:49.960]  near its front fins for the purpose it is hypothesized to lure and prey who may be drawn into the glow.
[01:02:49.960 --> 01:03:05.960]  This is Book Roadie with your lowdown for July 22nd, 2019.
[01:03:19.960 --> 01:03:47.960]  Okay, we are back. Randy Kelton, Brett Fountain, Debra Stephens, River Law Radio. We're talking
[01:03:47.960 --> 01:03:53.960]  about Troy in Texas. Okay, Troy, did all that stuff make sense?
[01:03:56.960 --> 01:04:03.960]  Yes, you're making a hundred percent a lot of sense, Randy, but this is what I'm seeing.
[01:04:03.960 --> 01:04:10.960]  They asked the officer that approaches them. They asked them. They say, look, what is your name
[01:04:10.960 --> 01:04:16.960]  and badge number? And they basically will not give it most of the time. And then they'll
[01:04:16.960 --> 01:04:21.960]  say, I made a supervisor out here and then they won't give it most of the time.
[01:04:21.960 --> 01:04:25.960]  Okay, wait, wait. Hold on, hold on. I watched a bunch of these. The police always give their name
[01:04:25.960 --> 01:04:31.960]  and badge number. I just watched one today. They're in Chicago and they're in this big police
[01:04:31.960 --> 01:04:35.960]  station and they're walking by and this cop walks by and he asks them, what's your name
[01:04:35.960 --> 01:04:41.960]  and badge number? Tells him. Everyone they ask tells him. But then when the officer asks
[01:04:41.960 --> 01:04:48.960]  these guys their name, they don't tell them. Is that what you were going to?
[01:04:48.960 --> 01:04:56.960]  No, the ones I see most of the time, the officer is just pulling at their badge. And I was,
[01:04:56.960 --> 01:05:03.960]  I heard they have, if you ask for their driver's license or identification, they are required
[01:05:03.960 --> 01:05:05.960]  to give it, but I don't know that for sure.
[01:05:05.960 --> 01:05:17.960]  I can address that. Every police officer is issued a state ID. It is a requirement. That
[01:05:17.960 --> 01:05:25.960]  state ID is a government document. And the officer is the custodian of the record for
[01:05:25.960 --> 01:05:32.960]  that document. When you ask to see it under Open Records Act, he is required to produce
[01:05:32.960 --> 01:05:37.960]  it. And promptly, without delay.
[01:05:37.960 --> 01:05:47.960]  I was in court in Westlake, just the west edge of Fort Worth. I was in court and I had
[01:05:47.960 --> 01:05:54.960]  Bailiff as being a real smart guy and I said, who are you? He didn't have a name tag on
[01:05:54.960 --> 01:06:04.960]  me. I'm the Bailiff. Identify yourself. I'm the Bailiff. Show me your ID. No. Judge.
[01:06:04.960 --> 01:06:11.960]  Judge is going in the court. Judge, wait. He stopped. Yes. Have this officer arrested.
[01:06:11.960 --> 01:06:18.960]  He just refused to produce his state issued ID. And the judge looked at him, showing the
[01:06:18.960 --> 01:06:27.960]  ID. What is this stupid stuff you're doing? A guy grumbled and pulled it out. That will
[01:06:27.960 --> 01:06:35.960]  handle that part. And all officers are required to identify themselves on demand. It's enough
[01:06:35.960 --> 01:06:42.960]  that they pointed their name tag. Now these guys just do that to annoy them. And a lot
[01:06:42.960 --> 01:06:55.960]  of these auditors are really, really annoying. They are way beyond anything I would do.
[01:06:55.960 --> 01:07:04.960]  However, that's really good for the police. Because what if the police stops a really
[01:07:04.960 --> 01:07:12.960]  bad guy and he starts in on them? The last thing we want the police to do when they got
[01:07:12.960 --> 01:07:21.960]  a really bad guy is lose their cool. So when they get done with these auditors, the auditors
[01:07:21.960 --> 01:07:28.960]  over whom they have no charges, if these auditors can't put them over the edge, the bad guy
[01:07:28.960 --> 01:07:35.960]  is not going to put them over the edge. It's good practice for them. And it's not illegal
[01:07:35.960 --> 01:07:48.960]  because you cannot breach a peace officer's peace. He put that pistol on. When he put that
[01:07:48.960 --> 01:08:00.960]  pistol on, he had to take his attitude off. If he doesn't, then he needs to put that pistol
[01:08:00.960 --> 01:08:05.960]  down and go out there and pick up dead cats and skunks off the highway, for he won't create
[01:08:05.960 --> 01:08:12.960]  a hazard to my wife and my children. That's my story and I'm sticking to it. So these
[01:08:12.960 --> 01:08:19.960]  guys that are really, really obnoxious, they have their place. They have their purpose.
[01:08:19.960 --> 01:08:25.960]  And I would absolutely not tell them not to do that just because I didn't.
[01:08:25.960 --> 01:08:30.960]  So that's... What do you think, Troy? Do you agree?
[01:08:30.960 --> 01:08:37.960]  Yes. Yes, I agree with you. And here's my last comment that I'm going to let you go.
[01:08:37.960 --> 01:08:44.960]  I listened to your archives. I don't have... Never get away to listen live for some reason.
[01:08:44.960 --> 01:08:53.960]  But in the archives, you just said, New Hampshire bill 507 and you had Scott Breedit. And it
[01:08:53.960 --> 01:09:01.960]  was amazing what the real truth is that the transportation code is being misapplied to
[01:09:01.960 --> 01:09:09.960]  the American people who are not in commerce. Okay. Now, what I would like you to do is
[01:09:09.960 --> 01:09:17.960]  get out the federal constitution and read Article 4, not amendment 4, but Article 4,
[01:09:17.960 --> 01:09:30.960]  Section 1. Good faith and credit. New Hampshire legislatures have addressed this. You can
[01:09:30.960 --> 01:09:39.960]  under good faith and credit, you can ask your legislatures to address this same issue.
[01:09:39.960 --> 01:09:46.960]  Is that cool or what? Yes. I don't totally understand what you mean by that, but...
[01:09:46.960 --> 01:09:52.960]  Okay. Here's what good faith and credit means. I've got a perfect example with Texas. In
[01:09:52.960 --> 01:10:00.960]  every state, if a public official commits simple assault by offensive speech or offensive
[01:10:00.960 --> 01:10:10.960]  touching, speech that orders you to stop exercising a right and is delivered in such a way that
[01:10:10.960 --> 01:10:19.960]  you're intended to construe it as threatening, that's simple assault. If he does that while
[01:10:19.960 --> 01:10:27.960]  prominently displaying a deadly weapon, it's a felony of the second degree. But one state
[01:10:27.960 --> 01:10:35.960]  has considered that specifically. Any person who commits simple assault while displaying
[01:10:35.960 --> 01:10:43.960]  a deadly weapon has committed a felony of the second degree. But in Texas, the legislature
[01:10:43.960 --> 01:10:52.960]  considered specifically the effect of a public official doing that while acting under the
[01:10:52.960 --> 01:11:00.960]  color or pretense of an official capacity. In that case, it is a felony of the first
[01:11:00.960 --> 01:11:08.960]  degree. So we can go into Oklahoma, Arkansas, or any other state and say, the legislature
[01:11:08.960 --> 01:11:19.960]  of the state of Texas has considered second degree felony aggravated assault when it is
[01:11:19.960 --> 01:11:27.960]  committed by a public official acting under the color of an official capacity. And this
[01:11:27.960 --> 01:11:35.960]  state has not made that consideration. And since all of the states under Article 4, Section
[01:11:35.960 --> 01:11:42.960]  1 are required to give full faith and credit to the laws of other states, since the Texas
[01:11:42.960 --> 01:11:49.960]  legislature has considered this and we have not, we can bring the Texas consideration
[01:11:49.960 --> 01:11:58.960]  into this state. Now, it will come in as advisory. But if you're the police officer who ran
[01:11:58.960 --> 01:12:05.960]  your mouth when you shouldn't have, and he's not just coming after you for second degree,
[01:12:05.960 --> 01:12:11.960]  he's coming after you for first degree, and you got to hope to let the courts don't pick
[01:12:11.960 --> 01:12:19.960]  it up. Okay. I had you muted there, Troy, because of your background, boys.
[01:12:19.960 --> 01:12:27.960]  Yes, I think what you're, I think you went to a different topic. I'm not for sure. That
[01:12:27.960 --> 01:12:35.960]  House Bill 507 that I was referring to, that Scott read, was the motor vehicle, the transportation
[01:12:35.960 --> 01:12:44.960]  codes. What we should be able to say is, essentially the conditions are the same in every state.
[01:12:44.960 --> 01:12:54.960]  All of the transportation codes are enacted as professional conduct codes. And Massachusetts
[01:12:54.960 --> 01:13:04.960]  has addressed this issue of applying a New Hampshire, I'm sorry, New Hampshire, a professional
[01:13:04.960 --> 01:13:11.960]  conduct code to the public in general, and our state has not specifically addressed that.
[01:13:11.960 --> 01:13:19.960]  So we should give full faith and credit to New Hampshire.
[01:13:19.960 --> 01:13:28.960]  Okay. This is not going to win, but it puts them on a bigger dime. What your legislator
[01:13:28.960 --> 01:13:37.960]  needs is plausible deniability. So what do you mean bringing this outrageous stuff into
[01:13:37.960 --> 01:13:44.960]  this chamber? And he could say, well, look at what New Hampshire has done. This is not
[01:13:44.960 --> 01:13:55.960]  precedent. That make sense? Yes. Yes. And Randy, what I wanted to say was, how whoever
[01:13:55.960 --> 01:14:02.960]  wrote this deal and put it up, proved that the legislative intent for transportation
[01:14:02.960 --> 01:14:10.960]  was for commercial. Well, look at the same thing with Title 26. The legislative intent
[01:14:10.960 --> 01:14:17.960]  was not for all the American people to be doing what they're doing under the IRS. So I was
[01:14:17.960 --> 01:14:25.960]  wondering if we could write the same thing on Title 26 like they did that 507.
[01:14:25.960 --> 01:14:32.960]  Okay. I got a couple of guys I can refer you to on that issue. And they have addressed
[01:14:32.960 --> 01:14:39.960]  it, but they didn't address it by picking a fight with the IRS. They addressed it by preparing
[01:14:39.960 --> 01:14:45.960]  the documentation you need to demonstrate that you're not in contractual privity with
[01:14:45.960 --> 01:14:52.960]  the federal government so that you don't fall under. If the agent gets the proper
[01:14:52.960 --> 01:15:00.960]  documentation, he'll gladly sign off on your issue and go away and leave you alone.
[01:15:00.960 --> 01:15:08.960]  Especially now because they're grossly understaffed. And they're there to collect money. And if
[01:15:08.960 --> 01:15:12.960]  you make the right argument, it's clear to this agent that he's not going to collect
[01:15:12.960 --> 01:15:16.960]  any money here. It's going to cause them problems. Give them an opportunity to go to
[01:15:16.960 --> 01:15:23.960]  greener pastures and they're going to leave you alone. But taking on the IRS on this and
[01:15:23.960 --> 01:15:33.960]  getting the courts to rule that the IRS can't collect income tax, good luck with that.
[01:15:33.960 --> 01:15:39.960]  Well, they can collect or just misapplying it like they are the transportation code with
[01:15:39.960 --> 01:15:44.960]  driver's license to the people. They're just misapplying it.
[01:15:44.960 --> 01:15:51.960]  The way we get that fixed is we make it not profitable. I can do that with transportation
[01:15:51.960 --> 01:15:58.960]  and I don't know how I would do that with the IRS yet. Enough people would have to take
[01:15:58.960 --> 01:16:05.960]  them on to make it too costly to try to collect. Now we can do that pretty easy with transportation
[01:16:05.960 --> 01:16:15.960]  code. It's a little harder with the IRS. We've got some guys that are working over local
[01:16:15.960 --> 01:16:20.960]  jurisdictions with our transportation code documents and those jurisdictions are not
[01:16:20.960 --> 01:16:28.960]  happy campers. Okay. Thank you, Troy. When we come back, we're going to go to Tina, then
[01:16:28.960 --> 01:16:34.960]  Tim and Ken. We see you all there. We're going to try to get to everybody. I kind of cheated
[01:16:34.960 --> 01:16:41.960]  with Troy because there were some things that I really wanted to address and I kind of used
[01:16:41.960 --> 01:16:48.960]  Troy to get to those things and sorry I held you up, guys, but I kind of felt like at this
[01:16:48.960 --> 01:16:55.960]  juncture those were important to address. Hang on. We'll be right back.
[01:17:18.960 --> 01:17:25.960]  We'll be right back.
[01:17:48.960 --> 01:17:55.960]  We'll be right back.
[01:18:18.960 --> 01:18:23.960]  That's an actual apple. Yummy apple.
[01:18:23.960 --> 01:18:29.960]  I'm going to throw away these yucky cookies in the trash. I click control, shift, delete
[01:18:29.960 --> 01:18:34.960]  and then scroll down to cookies and clear them. Bye bye yucky cookies.
[01:18:34.960 --> 01:18:40.960]  Now I go to logosradionetwork.com and I click on the Amazon box on the upper right hand side,
[01:18:40.960 --> 01:18:46.960]  bookmark the link and I can go to Amazon through this link and order you some yummy new cookie.
[01:18:46.960 --> 01:18:48.960]  No cookies for me.
[01:18:48.960 --> 01:18:53.960]  Consider it an early Christmas present and every time I order on Amazon I go through this link
[01:18:53.960 --> 01:18:57.960]  and I give a little present to this radio network too. See yous for cookie.
[01:18:57.960 --> 01:18:59.960]  See yous for class and bye.
[01:18:59.960 --> 01:19:19.960]  LogosRadionetwork.com
[01:19:29.960 --> 01:19:55.960]  LogosRadionetwork.com
[01:19:55.960 --> 01:20:24.960]  LogosRadionetwork.com
[01:20:24.960 --> 01:20:26.960]  Hello.
[01:20:26.960 --> 01:20:32.960]  Hello. There you are. What do you have for us today?
[01:20:32.960 --> 01:20:37.960]  Oh wow. I didn't even talk to anybody and you guys had me on.
[01:20:37.960 --> 01:20:46.960]  Oh yeah. Generally I didn't realize you were not screened yet but I recognized who you were
[01:20:46.960 --> 01:20:49.960]  so that's why I went ahead and took you and I knew you were first time.
[01:20:49.960 --> 01:20:52.960]  Okay. What do you have for us?
[01:20:52.960 --> 01:20:56.960]  Well I'm not first time actually. I spoke to you a couple weeks ago and you gave me a
[01:20:56.960 --> 01:21:00.960]  ton of information to start looking into.
[01:21:00.960 --> 01:21:06.960]  I've started looking into that information and I'm a little bit overwhelmed obviously.
[01:21:06.960 --> 01:21:09.960]  This is amazing.
[01:21:09.960 --> 01:21:11.960]  But I have a couple questions about it.
[01:21:11.960 --> 01:21:15.960]  A thicket one. Well my initial question Randy actually kind of took me off guard.
[01:21:15.960 --> 01:21:18.960]  I wasn't expecting to speak to anybody.
[01:21:18.960 --> 01:21:26.960]  It was about, I understand civil but it was about kind of the criminal aspect of a simple
[01:21:26.960 --> 01:21:29.960]  traffic thicket.
[01:21:29.960 --> 01:21:31.960]  And I have a thicket in front of me.
[01:21:31.960 --> 01:21:36.960]  I started digging in and looking in and starting to look up statutes and it says on the thicket,
[01:21:36.960 --> 01:21:43.960]  we the people of, some of them complain the people of the state of Colorado versus of
[01:21:43.960 --> 01:21:45.960]  course myself.
[01:21:45.960 --> 01:21:50.960]  And this is something I'm a little confused on that in order to be a crime there has to
[01:21:50.960 --> 01:21:53.960]  be a party that's been injured.
[01:21:53.960 --> 01:21:55.960]  No they don't.
[01:21:55.960 --> 01:21:59.960]  That's patriot mythology.
[01:21:59.960 --> 01:22:02.960]  Well it's not exactly patriot mythology.
[01:22:02.960 --> 01:22:08.960]  We have statute in Texas and I'm sure you have one in California that says,
[01:22:08.960 --> 01:22:15.960]  when a penal statute is violated the state is an injured party.
[01:22:15.960 --> 01:22:19.960]  That is not an argument you can view or win.
[01:22:19.960 --> 01:22:20.960]  Okay.
[01:22:20.960 --> 01:22:21.960]  I'm not going to argue.
[01:22:21.960 --> 01:22:24.960]  I'm just trying to understand how this works.
[01:22:24.960 --> 01:22:28.960]  No, when I say argument I'm not really using it that way.
[01:22:28.960 --> 01:22:31.960]  Just not an issue you will win.
[01:22:31.960 --> 01:22:34.960]  Okay.
[01:22:34.960 --> 01:22:36.960]  So just point blank.
[01:22:36.960 --> 01:22:37.960]  That's it.
[01:22:37.960 --> 01:22:38.960]  Okay.
[01:22:38.960 --> 01:22:41.960]  Let me simplify this for you.
[01:22:41.960 --> 01:22:42.960]  Okay.
[01:22:42.960 --> 01:22:50.960]  Does the citation state that the officer has reason to believe that you're operating in
[01:22:50.960 --> 01:22:52.960]  commerce?
[01:22:52.960 --> 01:22:53.960]  Okay.
[01:22:53.960 --> 01:22:59.960]  Next point which I'm glad you brought that up is actually some lots of things here on
[01:22:59.960 --> 01:23:00.960]  there.
[01:23:00.960 --> 01:23:04.960]  But it actually says commercial vehicle yes, no and no.
[01:23:04.960 --> 01:23:07.960]  Okay.
[01:23:07.960 --> 01:23:09.960]  So have you went to my traffic ticket site?
[01:23:09.960 --> 01:23:10.960]  I did.
[01:23:10.960 --> 01:23:14.960]  I just did that today and I entered the information and downloaded all those documents.
[01:23:14.960 --> 01:23:17.960]  I started reading them but I don't quite understand all of them.
[01:23:17.960 --> 01:23:18.960]  But yes I did.
[01:23:18.960 --> 01:23:25.960]  Read the special appearance subject matter jurisdiction challenge.
[01:23:25.960 --> 01:23:30.960]  The law and the subject matter jurisdiction challenge goes to the law as it stands in
[01:23:30.960 --> 01:23:31.960]  Texas.
[01:23:31.960 --> 01:23:37.960]  It will be somewhat different in Colorado but it will show you what to look for.
[01:23:37.960 --> 01:23:47.960]  It starts out with who has authority to enforce the transportation code in Colorado?
[01:23:47.960 --> 01:23:53.960]  In Texas, in Illinois and a couple other states.
[01:23:53.960 --> 01:23:59.960]  Only the state police have authority to enforce the transportation code.
[01:23:59.960 --> 01:24:00.960]  Okay.
[01:24:00.960 --> 01:24:03.960]  Let's see if that's the case in Colorado.
[01:24:03.960 --> 01:24:06.960]  Where are local officers?
[01:24:06.960 --> 01:24:15.960]  Were you cited by a highway patrol, a state policeman, county or municipal?
[01:24:15.960 --> 01:24:16.960]  Municipal.
[01:24:16.960 --> 01:24:17.960]  Okay.
[01:24:17.960 --> 01:24:24.960]  Where do municipalities get the authority to enforce a professions code?
[01:24:24.960 --> 01:24:33.040]  The transportation code is a professions code like electrician or a plumber or a doctor
[01:24:33.040 --> 01:24:35.240]  or a lawyer.
[01:24:35.240 --> 01:24:40.160]  These are all licensed professionals.
[01:24:40.160 --> 01:24:41.160]  Same thing.
[01:24:41.160 --> 01:24:53.960]  So can the municipal police enforce the violation of a plumbing code by a licensed plumber?
[01:24:53.960 --> 01:24:59.960]  They can't unless the law specifically says they can't.
[01:24:59.960 --> 01:25:02.960]  So where does it say that in Colorado?
[01:25:02.960 --> 01:25:04.960]  I will listen to that.
[01:25:04.960 --> 01:25:09.960]  I have a contact at the law library now and she says call her anytime and she's got me
[01:25:09.960 --> 01:25:11.960]  lined up to start looking up statutes.
[01:25:11.960 --> 01:25:14.960]  I'm going to start digging pretty hard this week.
[01:25:14.960 --> 01:25:15.960]  Good.
[01:25:15.960 --> 01:25:16.960]  Look for that one.
[01:25:16.960 --> 01:25:18.960]  That's the first one you want to find.
[01:25:18.960 --> 01:25:26.960]  And if you find it, like I was looking in Tennessee and it was odd that the statute in Tennessee
[01:25:26.960 --> 01:25:36.960]  that granted every peace officer the authority to enforce the transportation code was 543.001.
[01:25:36.960 --> 01:25:42.960]  Brett, does that sound familiar or what?
[01:25:42.960 --> 01:25:44.960]  The 543.001?
[01:25:44.960 --> 01:25:45.960]  Yeah.
[01:25:45.960 --> 01:25:54.960]  The 543.002, 003, 004 are exactly the same as Texas.
[01:25:54.960 --> 01:25:55.960]  Wow.
[01:25:55.960 --> 01:25:57.960]  Down to the number?
[01:25:57.960 --> 01:25:58.960]  Down to the number.
[01:25:58.960 --> 01:25:59.960]  How about that?
[01:25:59.960 --> 01:26:06.960]  The verdict is precisely the same because it comes from the model transportation code
[01:26:06.960 --> 01:26:08.960]  put out by the federal government.
[01:26:08.960 --> 01:26:10.960]  That's really cool.
[01:26:10.960 --> 01:26:13.960]  Most of these codes are going to be similar.
[01:26:13.960 --> 01:26:24.960]  543.001 is different than Texas in that that one specifically gives off any police officer,
[01:26:24.960 --> 01:26:26.960]  any peace officer, the authority to enforce.
[01:26:26.960 --> 01:26:32.960]  See if anything like that exists in Texas, Texas, in Colorado.
[01:26:32.960 --> 01:26:33.960]  Okay.
[01:26:33.960 --> 01:26:39.960]  If there is no specific authority, there is no authority.
[01:26:39.960 --> 01:26:44.960]  And then that that's what the subject matter jurisdiction challenge is about.
[01:26:44.960 --> 01:26:46.960]  Special appearance.
[01:26:46.960 --> 01:26:58.960]  If there is a specific authorization, the next thing you want to go to is the issue of transportation.
[01:26:58.960 --> 01:27:13.960]  You can be required to secure a license for the limited purpose of demonstrating mastery of the vehicle and knowledge of the rules of the road.
[01:27:13.960 --> 01:27:29.960]  But the fact that you hold a commercial license does not create the inference that you are operating in commerce under authority of that license.
[01:27:29.960 --> 01:27:32.960]  That must be established as one of the elements.
[01:27:32.960 --> 01:27:42.960]  If it's not there, the complaint is insufficient on its face to invoke the subject matter jurisdiction of the court.
[01:27:42.960 --> 01:27:45.960]  That's my story to stick into it.
[01:27:45.960 --> 01:27:46.960]  No, I understand clearly.
[01:27:46.960 --> 01:27:50.960]  I'm trying to follow the process.
[01:27:50.960 --> 01:27:55.960]  Okay, look, this is like feeding you with a fire hose.
[01:27:55.960 --> 01:27:56.960]  I know.
[01:27:56.960 --> 01:28:00.960]  You need to listen to this a while and it'll start making sense.
[01:28:00.960 --> 01:28:09.960]  You need to get the beginning of your transportation code for Colorado and read it twice.
[01:28:09.960 --> 01:28:13.960]  Don't try to understand it the first time just read through it.
[01:28:13.960 --> 01:28:25.960]  What you're doing is you're setting mental markers so that when you go back and read it the second time and you come across a passage, you'll make the link to the something that comes after it.
[01:28:25.960 --> 01:28:31.960]  It'll make this statement make sense based on what's behind it.
[01:28:31.960 --> 01:28:35.960]  The second time you read through it, you'll start stitching all these pieces together.
[01:28:35.960 --> 01:28:38.960]  Then it'll begin to make sense to you.
[01:28:38.960 --> 01:28:39.960]  Right.
[01:28:39.960 --> 01:28:47.960]  You guys have mentioned that in order to have a crime, all elements of the crime must be proven.
[01:28:47.960 --> 01:28:50.960]  That was what we were talking about.
[01:28:50.960 --> 01:29:03.960]  One of the elements of this crime, not just proven, all of the elements of the crime must be alleged in the charging instrument.
[01:29:03.960 --> 01:29:10.960]  Alleged and then proven. They can't later go back and try to prove something that they never initially alleged in writing.
[01:29:10.960 --> 01:29:11.960]  Yes.
[01:29:11.960 --> 01:29:21.960]  So you turn subject matter jurisdiction because if every element has not been alleged, then the complaint is insufficient on its face.
[01:29:21.960 --> 01:29:27.960]  You can't invoke the jurisdiction of the court unless you meet all the rules.
[01:29:27.960 --> 01:29:35.960]  Okay. I'm going to move on because I got people's been waiting the whole show and I jumped ahead of you because I thought you were somebody else.
[01:29:35.960 --> 01:29:36.960]  I apologize.
[01:29:36.960 --> 01:29:40.960]  And you know how Colorado takes Texans anyway.
[01:29:40.960 --> 01:29:41.960]  No.
[01:29:41.960 --> 01:29:43.960]  Okay.
[01:29:43.960 --> 01:29:47.960]  But call us back next week after you went through this a little more.
[01:29:47.960 --> 01:29:48.960]  We'll go over it again.
[01:29:48.960 --> 01:29:50.960]  It'll begin to make sense to you.
[01:29:50.960 --> 01:29:58.960]  Okay. We're going to break Randy Kelton, Brett Fountain, we'll be right back.
[01:30:21.960 --> 01:30:26.960]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.960 --> 01:30:28.960]  So protect your rights.
[01:30:28.960 --> 01:30:32.960]  Say no to surveillance and keep your information to yourself.
[01:30:32.960 --> 01:30:34.960]  Privacy. It's worth hanging on to.
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[01:33:54.960 --> 01:34:11.960]  Okay, we are back. Randy Kelton, wait a minute. Grant was supposed to do this.
[01:34:11.960 --> 01:34:16.960]  You beat me to it. I was trying to kill it off the five seconds.
[01:34:16.960 --> 01:34:25.960]  Well, this is Thursday, the 29th of August, 2019. We got a couple of seconds left on here on the rule of radio,
[01:34:25.960 --> 01:34:33.960]  and we are going to go to Tina in California. Tina?
[01:34:33.960 --> 01:34:36.960]  Hello, how are you both?
[01:34:36.960 --> 01:34:39.960]  Doing well.
[01:34:39.960 --> 01:34:42.960]  Good.
[01:34:42.960 --> 01:34:47.960]  I'm doing horrible.
[01:34:47.960 --> 01:35:00.960]  I had to get up on the roof today and put up an antenna, and I didn't realize how fat old and out of shape I am.
[01:35:00.960 --> 01:35:08.960]  And I come down and my butt was hurting, and I couldn't get anybody to kiss it and make it better.
[01:35:08.960 --> 01:35:11.960]  Poor me.
[01:35:11.960 --> 01:35:13.960]  Yeah.
[01:35:13.960 --> 01:35:17.960]  I just, nothing anyone can say to that. I got it.
[01:35:17.960 --> 01:35:24.960]  I've been trying to get my wife to kiss my butt for 40 years. Never worked.
[01:35:24.960 --> 01:35:31.960]  No, I can tell you probably what she doesn't say to that, too.
[01:35:31.960 --> 01:35:40.960]  You women, you're all alike. Us four guys were so mistreated.
[01:35:40.960 --> 01:35:50.960]  Do you know that's what my partner says, you know, and he is so false, you couldn't live without us.
[01:35:50.960 --> 01:35:56.960]  I was in the grocery today and going down the aisle, this woman says, oh, okay, I'm sorry, I'll get out of the way.
[01:35:56.960 --> 01:36:06.960]  Oh, no, no, no. Guys are always in the way. That's the rule. I know these things. I'm married.
[01:36:06.960 --> 01:36:13.960]  She said, go the other way. Okay. Okay. What do you have for us today?
[01:36:13.960 --> 01:36:19.960]  Well, you know, I've got this hearing coming up on 9 11.
[01:36:19.960 --> 01:36:27.960]  And I've seen this, you know, legal, senior legal aid attorney. She's she's very good and she's very helpful.
[01:36:27.960 --> 01:36:37.960]  She did have to reading, you know, what I've put in my declaration. And I do think she understands these declarations more than most.
[01:36:37.960 --> 01:36:45.960]  The petition for a declaratory leave. She said, well, I think you're going to lose. Why are you doing this?
[01:36:45.960 --> 01:36:55.960]  You know, you don't you want a life? And I said, well, that's what, you know, the founders of this Constitution and everything said, too.
[01:36:55.960 --> 01:37:01.960]  But, you know, they fought for what was right. And I'm fighting for justice because a lot of us can't fight.
[01:37:01.960 --> 01:37:10.960]  And at the moment, I can. And yes, I'm enjoying learning about the law. What I did not know was ignorant about before.
[01:37:10.960 --> 01:37:17.960]  I said, but why do you think I'm going to lose? She said, well, if I was the other side, I would file.
[01:37:17.960 --> 01:37:26.960]  I mean, what vexatious litigant status on you because you filed all these lawsuits. I said, this isn't a lawsuit. This is a petition for
[01:37:26.960 --> 01:37:34.960]  the declaratory judgment for the judge to rule on a point of law. It's not a claim. It's not anything of what they said.
[01:37:34.960 --> 01:37:43.960]  And everything they've put in here is irrelevant. And I said, they've already tried that before and failed, not that they will not try it again.
[01:37:43.960 --> 01:37:51.960]  And she said, well, if you, you know, I'm happy to help you, but I'm just pointing out the fact that the judge is going to sit there and say, well,
[01:37:51.960 --> 01:37:59.960]  you know, here we are again, she's going to be really nice or he, you know, and polite. But in the back of the mind, I think he can get this woman out of my courtroom,
[01:37:59.960 --> 01:38:06.960]  you know, let's put an end to this. But then she gave me, you know, advice and such like.
[01:38:06.960 --> 01:38:15.960]  So I want to be a little cognizant of the fact that this judge may be being nice to me just because she wants to get me out of a courtroom,
[01:38:15.960 --> 01:38:20.960]  or she may be one of those good judges who sees as benefit.
[01:38:20.960 --> 01:38:38.960]  And in my declaration, in my declaration to counter the declaration of the attorney who did not put in a full, you know, that we had not had a full and meaningful discussion about their contemplated motion.
[01:38:38.960 --> 01:38:47.960]  She did not discuss the points of law with me. She just said, we're submitting a demure based on everything's based on resjudicata.
[01:38:47.960 --> 01:38:58.960]  She did not put in her demure. Wait a minute, wait a minute. I don't think a demure is appropriate in a petition for declaratory judgment.
[01:38:58.960 --> 01:39:06.960]  A demure is a response to claims and there are no claims.
[01:39:06.960 --> 01:39:12.960]  Plus, isn't that supposed to mean that there's something else that has to be answered first?
[01:39:12.960 --> 01:39:23.960]  You know, in all the demure is in California is what we would call a motion to dismiss.
[01:39:23.960 --> 01:39:28.960]  It's the same document. They just called it used to be called a demure in Texas and they changed that.
[01:39:28.960 --> 01:39:40.960]  So a demure, their demure addressed claims that occurred in the foreclosure issue.
[01:39:40.960 --> 01:39:49.960]  And I don't think a demure is appropriate in a petition for declaratory judgment because you're not, you don't have any claims.
[01:39:49.960 --> 01:39:58.960]  There's no claims to deny. You're asking the judge to rule on the rights of the parties.
[01:39:58.960 --> 01:39:59.960]  Correct.
[01:39:59.960 --> 01:40:03.960]  And a demure does not go to that.
[01:40:03.960 --> 01:40:07.960]  To rule on the rights of the parties, okay.
[01:40:07.960 --> 01:40:18.960]  That might be a good issue to raise as the court to strike the demure as it's inappropriate in a petition for declaratory judgment.
[01:40:18.960 --> 01:40:20.960]  Okay, inappropriate.
[01:40:20.960 --> 01:40:28.960]  Would I put that in my declaration or in the, the objection to their request for judicial notice?
[01:40:28.960 --> 01:40:36.960]  Include that in your objection to judicial notice.
[01:40:36.960 --> 01:40:37.960]  Okay.
[01:40:37.960 --> 01:40:43.960]  Make it an objection to judicial notice and a motion to strike.
[01:40:43.960 --> 01:40:48.960]  Motion to strike. Okay.
[01:40:48.960 --> 01:40:50.960]  I'll strike the demure.
[01:40:50.960 --> 01:40:58.960]  In the declaration, I've put a couple of things that I want to see if you think it's okay.
[01:40:58.960 --> 01:41:06.960]  I put that the, it fails to this council discussed thoroughly. She just said, if I asked if I would withdraw my petition or amend it.
[01:41:06.960 --> 01:41:13.960]  And I said, you know, I'd like to see what the other attorney says in the scheduled hearing before I make a decision.
[01:41:13.960 --> 01:41:17.960]  She said, well, we're just going to file the demure, which that's all right.
[01:41:17.960 --> 01:41:19.960]  They want to do that.
[01:41:19.960 --> 01:41:22.960]  And I put in here, that is not a discussion of the motion.
[01:41:22.960 --> 01:41:35.960]  It is a statement. And I categorically did not tell Ms. Sanders as she claims, and I put in quotes, Ms. Colbert informed me that she did not intend to withdraw or amend her complaint and told me to proceed with filing the demure.
[01:41:35.960 --> 01:41:42.960]  I did not say that. I simply stated that I would like to see what Mr. McGinnity had to say in the scheduled conference hearing.
[01:41:42.960 --> 01:41:45.960]  Ms. Sanders then stated they were going to go ahead and file it.
[01:41:45.960 --> 01:41:50.960]  There was no attempt by Ms. Sanders as a thorough and meaningful discussion.
[01:41:50.960 --> 01:42:09.960]  Then I put this, it appeared to petitioner that council for CIT was attempting to use their legal knowledge and attorney status to intimidate and bully the person litigant and present to the court a declaration that misrepresents the meet and confer conversation.
[01:42:09.960 --> 01:42:13.960]  That should include a request for sanctions.
[01:42:13.960 --> 01:42:30.960]  Okay, now, well, let me think that the last part I put in here, I asked Ms. Sanders why Mr. McGinnity could not just send the original note and the lunges as promised in writing more than once, because this case could be resolved very quickly by him following through in those promises.
[01:42:30.960 --> 01:42:44.960]  She responded with, I can't speak for him, but it could be that he is afraid you will continue to litigate. Then I put as the last part, petitioner offered an easy settlement and solution to avoid wasting this court's time.
[01:42:44.960 --> 01:43:01.960]  Quote, follow through on your written promises. However, the offer was not accepted. Petitioner respectfully requests the court to deny respondents to mirror or failure to hold a meaningful meet and confer and failing to accept a reasonable offer to settle.
[01:43:01.960 --> 01:43:04.960]  Sounds reasonable to me.
[01:43:04.960 --> 01:43:08.960]  I wanted to point out that I'd made an offer to settle.
[01:43:08.960 --> 01:43:15.960]  Okay, we'll get me into the segment and I've got one more caller that's been on since the beginning.
[01:43:15.960 --> 01:43:27.960]  Call me in the morning. I'll go over your pleading and we'll address these issues. I can speak to it better once I've read the whole document and I'll have time in the morning.
[01:43:27.960 --> 01:43:34.960]  Okay, if you'll do that, that'll be great. The only time I can't call you is between 9 and 10 when I'm at the food bank.
[01:43:34.960 --> 01:43:38.960]  Okay, that'll work. It can be 11 and 12. My time then will work great.
[01:43:38.960 --> 01:43:39.960]  Yeah.
[01:43:39.960 --> 01:43:42.960]  Okay, we'll talk tomorrow. Thank you, Tina.
[01:43:42.960 --> 01:43:43.960]  Okay, fine.
[01:43:43.960 --> 01:43:48.960]  Okay, now we're going to Tim in Texas. How do we tell him?
[01:43:48.960 --> 01:43:51.960]  Actually, you're going to Laura in Texas.
[01:43:51.960 --> 01:43:53.960]  Better.
[01:43:53.960 --> 01:43:59.960]  Tim's a chump.
[01:43:59.960 --> 01:44:05.960]  Through advances in technology, our lives have greatly improved, except in the area of nutrition.
[01:44:05.960 --> 01:44:08.960]  People feed their pets better than they feed themselves.
[01:44:08.960 --> 01:44:10.960]  And it's time we changed all that.
[01:44:10.960 --> 01:44:16.960]  Our primary defense against aging and disease in this toxic environment is good nutrition.
[01:44:16.960 --> 01:44:24.960]  In a world where natural foods have been irradiated, adulterated, and mutilated, young Jevity can provide the nutrients you need.
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[01:46:22.960 --> 01:46:45.960]  Okay, we are back.
[01:46:45.960 --> 01:46:55.960]  Okay, I goofed up.
[01:46:55.960 --> 01:47:00.960]  I dropped Tino off so I could go to break, and then I forgot I was going to break.
[01:47:00.960 --> 01:47:02.960]  Okay, go ahead, Lauren.
[01:47:02.960 --> 01:47:05.960]  That clip over didn't hurt at all, did it?
[01:47:05.960 --> 01:47:06.960]  No, it didn't.
[01:47:06.960 --> 01:47:07.960]  Okay.
[01:47:07.960 --> 01:47:09.960]  Yeah, Debra was listening.
[01:47:09.960 --> 01:47:10.960]  Oops.
[01:47:10.960 --> 01:47:16.960]  Well, so I'm going to try to relay Tim's questions, not feeling too hot.
[01:47:16.960 --> 01:47:28.960]  So, as everyone probably remembers, we had the court case where they dismissed the city of Newark, dismissed the $80,000 case against us,
[01:47:28.960 --> 01:47:41.960]  and we went on to the appeals court for appealing our countersuit against employees and a declaratory judgment against the city of Newark.
[01:47:41.960 --> 01:47:50.960]  Well, this August the 26th, they came back with a judgment that says that they are affirming what the trial court did.
[01:47:50.960 --> 01:48:14.960]  So, Tim has been thinking seriously about what happened at the municipal and courts and the administrative hearing that allowed them to pursue us in the district court with a large civil suit for $80,000.
[01:48:14.960 --> 01:48:33.960]  And so, when everything was based on assumption from the administrative hearing, because if you guys remember, it was ruled as illegal hearing with the mandamus in 2018.
[01:48:33.960 --> 01:48:45.960]  So, the question that he had was how did they get us into the court without ever having a guilty verdict in municipal court?
[01:48:45.960 --> 01:48:54.960]  So, he's been doing some research and I'm going to give you what he found today and you can tell me your opinion based on what he found.
[01:48:54.960 --> 01:49:11.960]  Okay, in the local government code 54016B, when they got the injunction against us at the beginning of the case, because remember that was the first day you raced the court with Tiananmen,
[01:49:11.960 --> 01:49:19.960]  they got an injunction, a real quick one, the temporary, and then they later got it permanent.
[01:49:19.960 --> 01:49:42.960]  And B says it is not necessary for the municipality to prove that another adequate remedy or penalty for a violation does not exist or to show that prosecution in a criminal action has occurred or has been attempted.
[01:49:42.960 --> 01:49:53.960]  And we think that right there is what they took us to the district court on, that was the beginning of it.
[01:49:53.960 --> 01:49:57.960]  No, that's not what they took you on.
[01:49:57.960 --> 01:49:59.960]  What the court said.
[01:49:59.960 --> 01:50:01.960]  The ability to do that then.
[01:50:01.960 --> 01:50:23.960]  Okay, hold on so more. Okay, I thought I was muted, but okay, what the court said was, is that a city has standing to invoke the subject matter jurisdiction of the district court for the purpose of collecting the judgment.
[01:50:23.960 --> 01:50:34.960]  They didn't say the city has standing if their judgment is absolutely perfect iron iron clad and will stand up in court.
[01:50:34.960 --> 01:50:36.960]  That don't matter.
[01:50:36.960 --> 01:50:53.960]  It was based on the, the pleadings themselves, the city did have standing to file an action in the district court.
[01:50:53.960 --> 01:50:55.960]  That's what they're saying.
[01:50:55.960 --> 01:51:06.960]  Whether or not that action would stand up to to trial is a different thing.
[01:51:06.960 --> 01:51:21.960]  That's why I've structured our suit for your suit against the city the way I did is I filed a declaratory judgment against the city.
[01:51:21.960 --> 01:51:31.960]  The declaratory judgment is not subject to the motion to dismiss because there are no claims.
[01:51:31.960 --> 01:51:45.960]  And the city should not have any kind of jurisdiction from a petition to for declaratory judgment and I haven't had time to go back and recheck but I think it's in the law that they don't have
[01:51:45.960 --> 01:51:49.960]  immunity from a declaratory judgment suit.
[01:51:49.960 --> 01:51:56.960]  The court mischaracterized the nature of your suit against the city.
[01:51:56.960 --> 01:52:01.960]  They treated the suit as a claim against the city.
[01:52:01.960 --> 01:52:16.960]  But their ruling has the effect of establishing a precedent that says that all governmental agencies are immune from a petition for declaratory judgment.
[01:52:16.960 --> 01:52:22.960]  If that were the case, that would eliminate the purpose of the code.
[01:52:22.960 --> 01:52:28.960]  And I don't think the Supreme is going to want to let that happen.
[01:52:28.960 --> 01:52:38.960]  Well, I was thinking like from the very beginning how on earth this happened because you understand he's never quite been clear on how they...
[01:52:38.960 --> 01:52:39.960]  No, no, no.
[01:52:39.960 --> 01:52:43.960]  You're going back to something that's not relevant to the current issue.
[01:52:43.960 --> 01:52:45.960]  Yeah.
[01:52:45.960 --> 01:52:47.960]  Just not relevant to the current issue.
[01:52:47.960 --> 01:52:58.960]  And I've been over this with Tim and over this with Tim and over with this and he keeps going back and trying to find another way to twist it and turn it and make it something different.
[01:52:58.960 --> 01:53:02.960]  They did not have jurisdiction to hold that here.
[01:53:02.960 --> 01:53:09.960]  That was established by the petition for declaratory judgment.
[01:53:09.960 --> 01:53:14.960]  Now I mean the mandamus.
[01:53:14.960 --> 01:53:16.960]  Mandamus ruled they didn't have authority to do that.
[01:53:16.960 --> 01:53:17.960]  Okay, we got that.
[01:53:17.960 --> 01:53:26.960]  They still had the statutory authority to file an action in the district court to collect a file.
[01:53:26.960 --> 01:53:29.960]  Now they have to go in and prove that the file is valid.
[01:53:29.960 --> 01:53:31.960]  They could file it.
[01:53:31.960 --> 01:53:36.960]  So you're saying whether or not they could win is a different thing, but they have the right to go file it.
[01:53:36.960 --> 01:53:37.960]  Exactly.
[01:53:37.960 --> 01:53:45.960]  And because they had the right, they can stay in court with it and we have to prove that the claim was invalid.
[01:53:45.960 --> 01:53:53.960]  It's just like if you sue a judge, if you sue a judge for what he does on the bench, then he's immune.
[01:53:53.960 --> 01:54:00.960]  But if you sue a judge for acting outside the scope of his authority, that keeps you in court.
[01:54:00.960 --> 01:54:07.960]  Whether or not you can prove he acted outside of his authority is a different matter.
[01:54:07.960 --> 01:54:11.960]  The nature of the claim will keep you in the court.
[01:54:11.960 --> 01:54:20.960]  So they were able to stay in court because of the nature of the claim on the collection.
[01:54:20.960 --> 01:54:29.960]  We did not get to the validity of the $80,000 claim because the CD dropped it.
[01:54:29.960 --> 01:54:31.960]  Right.
[01:54:31.960 --> 01:54:46.960]  So, but when the court of appeals rendered their ruling, they treated the claim against the city as if it were a claim for damages.
[01:54:46.960 --> 01:54:57.960]  When the claim for damages were made against the individuals in their individual capacity as we alleged they acted outside of scope.
[01:54:57.960 --> 01:55:08.960]  And the court read this and said, well, you made this claim and they worked for the city, therefore necessarily it's a claim against the city.
[01:55:08.960 --> 01:55:12.960]  And they did not properly apply the law to the facts.
[01:55:12.960 --> 01:55:21.960]  So what it had the effect of doing is screwing up the application of declaratory judgments.
[01:55:21.960 --> 01:55:31.960]  So we'll go to the, if you want to proceed, then we go to the Supreme and ask the Supreme to clarify.
[01:55:31.960 --> 01:55:43.960]  So do you think that because Newark non-suited without prejudice, all of its claims against Pixler that they kind of use this as a wash, let it go?
[01:55:43.960 --> 01:55:45.960]  That's kind of what I think.
[01:55:45.960 --> 01:55:54.960]  They didn't want to hammer this district judge early on.
[01:55:54.960 --> 01:55:57.960]  They come up with a crappy excuse to do it.
[01:55:57.960 --> 01:56:04.960]  So now we put them on the dime for their crappy excuse.
[01:56:04.960 --> 01:56:16.960]  So I'm hoping that I have relayed Tim's questions well enough for him.
[01:56:16.960 --> 01:56:19.960]  How is he doing, by the way?
[01:56:19.960 --> 01:56:22.960]  You don't feel real good.
[01:56:22.960 --> 01:56:25.960]  He's doing better, but he don't feel great.
[01:56:25.960 --> 01:56:27.960]  Sorry.
[01:56:27.960 --> 01:56:34.960]  You could go in there and beat him over the head with a hammer because just think how good it would feel when you stopped.
[01:56:34.960 --> 01:56:39.960]  I would really prefer not to.
[01:56:39.960 --> 01:56:43.960]  I have limited nursing skills.
[01:56:43.960 --> 01:56:48.960]  Tim gets no slack here.
[01:56:48.960 --> 01:56:50.960]  I do hope he gets better though.
[01:56:50.960 --> 01:56:54.960]  You know he's going to bug you later if I didn't get it right.
[01:56:54.960 --> 01:56:57.960]  He'll bug me later anyway.
[01:56:57.960 --> 01:57:01.960]  Okay, I got one more call in two minutes to do it.
[01:57:01.960 --> 01:57:04.960]  Okay, thank you, Laura.
[01:57:04.960 --> 01:57:09.960]  Okay, now we're going to Tina, New York. Hello, Ken.
[01:57:09.960 --> 01:57:11.960]  Hi, Randy. Hi, Brett.
[01:57:11.960 --> 01:57:14.960]  I'm good and I'm sorry we're running out of time.
[01:57:14.960 --> 01:57:21.960]  It's okay. I can call back tomorrow, but I'd like to put two thoughts in your head.
[01:57:21.960 --> 01:57:28.960]  You're talking earlier about the CPS and the early in the beginning of the show.
[01:57:28.960 --> 01:57:32.960]  Have you ever heard of the term cooperative agreement?
[01:57:32.960 --> 01:57:34.960]  Yes.
[01:57:34.960 --> 01:57:38.960]  Okay, maybe we can discuss that a little bit tomorrow.
[01:57:38.960 --> 01:57:49.960]  And as far as quality of life issues go, I found it the best solution and this is based on a problem that I had about a year, year and a half ago,
[01:57:49.960 --> 01:57:55.960]  which I did call up about where I had a place around the corner from me.
[01:57:55.960 --> 01:57:58.960]  It was about 75 feet from me.
[01:57:58.960 --> 01:58:05.960]  And they were having noise problems and it turned out the police weren't the answer.
[01:58:05.960 --> 01:58:11.960]  It was the code enforcement for the township that is the answer.
[01:58:11.960 --> 01:58:14.960]  And perhaps I can talk about that tomorrow.
[01:58:14.960 --> 01:58:18.960]  Yeah, I remember that. That was a cool story.
[01:58:18.960 --> 01:58:21.960]  Okay, we are out of time.
[01:58:21.960 --> 01:58:23.960]  We've got 30 seconds left.
[01:58:23.960 --> 01:58:27.960]  But if you're calling tomorrow, Ken, I'll take you early.
[01:58:27.960 --> 01:58:29.960]  Thank you.
[01:58:29.960 --> 01:58:36.960]  Okay, thank you, Ken. This is Randy Kelton, Brett Fountain.
[01:58:36.960 --> 01:58:39.960]  I forgot who my co-host is.
[01:58:39.960 --> 01:58:42.960]  Denver Stevens Radio.
[01:58:42.960 --> 01:58:47.960]  We'll be back tomorrow night with a four hour info marathon unless I forget that's happening too.
[01:58:47.960 --> 01:58:49.960]  Good night.
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