[00:00.000 --> 00:06.740]  The following news flash is brought to you by The Lone Star Lowdown.
[00:06.740 --> 00:13.000]  Markets for Monday the 22nd of July 2019 Open with Precious Metals Gold $1,429 an ounce
[00:13.000 --> 00:20.880]  Silver $16.45 an ounce Copper $2.75 an ounce Oil Texas Crude $55.63 a barrel
[00:20.880 --> 00:25.400]  Brent Crude $62.47 a barrel Crypto is an order of market cap
[00:25.400 --> 00:34.400]  Bitcoin Core $10,566.52 Ethereum $227.26 XRP Ripple $0.33
[00:34.400 --> 00:41.560]  Litecoin $100.31 and Bitcoin Cash is at $324.10 a crypto coin
[00:41.560 --> 00:52.400]  Today 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 --> 01:04.720]  10 and injuring 40 today in history.
[01:04.720 --> 01:09.760]  And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing HEP and attacks
[01:09.760 --> 01:14.320]  his law back in June, county prosecutors around the state including Houston, Austin and San
[01:14.320 --> 01:18.800]  Antonio have been dropping marijuana possession charges and even refusing to file new ones
[01:18.800 --> 01:22.800]  since they are stipulating that they do not have the time or the laboratory equipment to
[01:22.800 --> 01:24.760]  test the herb for THC.
[01:24.760 --> 01:28.400]  Margaret Moore, the Travis County District Attorney announced earlier this month that
[01:28.400 --> 01:32.960]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:32.960 --> 01:33.960]  law.
[01:33.960 --> 01:37.560]  Mr. Abbott and other state officials including the Attorney General stipulated in a letter
[01:37.560 --> 01:42.080]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.080 --> 01:48.200]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works as
[01:48.200 --> 01:54.440]  well as other cities too like the District Attorney in El Paso, Jaime Esparza, a Democrat
[01:54.440 --> 01:58.920]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:58.920 --> 02:01.720]  prosecution of marijuana cases in El Paso.
[02:01.720 --> 02:06.720]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.720 --> 02:10.720]  in Harris County who stated that, quote, the law is constantly changing on what makes
[02:10.720 --> 02:13.440]  something illegal based on its chemical makeup.
[02:13.440 --> 02:17.320]  It's important that if someone is charged with something, the test matches what they're
[02:17.320 --> 02:22.560]  charged with.
[02:22.560 --> 02:27.200]  A paper by Tulane University identified a five and a half inch American pocket shark
[02:27.200 --> 02:32.320]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.320 --> 02:37.960]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:37.960 --> 02:39.460]  Pacific Ocean.
[02:39.460 --> 02:44.160]  According to the university paper, the shark secretes a lumus fluid from a gland near its
[02:44.160 --> 02:51.160]  front fins for the purposes hypothesized to lure and prey who may be drawn into the glow.
[03:14.160 --> 03:25.240]  A paper by Tulane University identified a five and a half inch American pocket shark
[03:25.240 --> 03:30.200]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[03:30.200 --> 03:40.880]  shark ever captured or recorded with the other one being found way back in 1979 in the Gulf
[03:40.880 --> 03:59.000]  Okay, howdy, howdy, Randy Kelkin, Root of Law Radio on this Friday, the 28th day of
[03:59.000 --> 04:03.920]  August 2020.
[04:03.920 --> 04:07.160]  We are on the brink of apocalypse.
[04:07.160 --> 04:09.600]  I'm turning the phone lines on.
[04:09.600 --> 04:11.680]  I'll have the lines on all night.
[04:11.680 --> 04:19.320]  I'll call in number 512-646-1984 if you have a question or comment, give us a call.
[04:19.320 --> 04:24.480]  Looks like I'll be here by myself tonight, everybody's playing hooky.
[04:24.480 --> 04:31.240]  So I want to start out talking a little bit about something I addressed last night.
[04:31.240 --> 04:39.680]  I got away from foreclosure a few years ago. In 2008, I was drug kicking and screaming
[04:39.680 --> 04:49.120]  into the foreclosure issue, but as it abated some five years later, I backed out of the
[04:49.120 --> 05:00.280]  foreclosure side of what we do, but it looks like I need to go back there.
[05:00.280 --> 05:10.440]  When all of this COVID issue started, I was very concerned that with shutting down the
[05:10.440 --> 05:18.120]  economy the way they've done, that we were looking at some very serious long-term ramifications.
[05:18.120 --> 05:23.280]  Unfortunately, the shutdown lasted a lot longer than I expected.
[05:23.280 --> 05:31.800]  I was predicting those ramifications, assuming that the shutdown was for the length of time
[05:31.800 --> 05:36.400]  that it was originally ordered, 30 days.
[05:36.400 --> 05:44.960]  That would have been bad enough, but here we are four months later and it's still not
[05:44.960 --> 05:53.560]  lifted, partially lifted, but the economy is still in shambles and it's still in the
[05:53.560 --> 05:56.280]  process of imploding.
[05:56.280 --> 06:07.760]  The CARES Act was a stop-gap act intended to prevent hundreds of thousands of evictions
[06:07.760 --> 06:16.360]  of people who were subjected to these shelter-at-home orders that made it impossible for them to
[06:16.360 --> 06:18.520]  work and make a living.
[06:18.520 --> 06:25.360]  For business closures that forced what the government or some officials in the government
[06:25.360 --> 06:33.840]  arbitrarily and capriciously decided were not essential businesses all had to shut down.
[06:33.840 --> 06:42.120]  Well, it's easier to pull the plug than it is to put the plug back and we're looking
[06:42.120 --> 06:51.480]  at various problems in the economy, but one more serious than other that is looming at
[06:51.480 --> 06:52.800]  the moment.
[06:52.800 --> 07:06.080]  The CARES Act forbade lenders and renters to foreclose on or evict people from their
[07:06.080 --> 07:07.080]  properties.
[07:07.080 --> 07:13.680]  It put in a six-month moratorium, apparently it wasn't a blanket moratorium, you had to
[07:13.680 --> 07:19.760]  apply for this forbearance.
[07:19.760 --> 07:23.720]  That way if you was approved you would get six months forbearance.
[07:23.720 --> 07:36.840]  Well, the application time limit will expire in about three days, the end of August.
[07:36.840 --> 07:42.400]  If you applied for the forbearance in March and got it, you would have six months.
[07:42.400 --> 07:44.200]  That would give you a couple more months.
[07:44.200 --> 07:54.120]  That would give you till the end of October, just a week or two before the election in
[07:54.120 --> 08:03.320]  November, so these individuals wouldn't have time to foreclose on you and evict you before
[08:03.320 --> 08:05.600]  the election.
[08:05.600 --> 08:11.320]  Right after the election is when we'll see the consequences of this.
[08:11.320 --> 08:17.520]  People will begin to be evicted by the hundreds of thousands.
[08:17.520 --> 08:27.120]  We will see an absolute tsunami of foreclosures and evictions that will swamp the ones we
[08:27.120 --> 08:30.480]  saw in 2008.
[08:30.480 --> 08:32.280]  Don't know about you guys, but I'm concerned.
[08:32.280 --> 08:37.880]  I'm putting the foreclosure site back together.
[08:37.880 --> 08:44.160]  I hope that by next week I'll have some form of it up and working where you can go onto
[08:44.160 --> 08:53.240]  the site, click on the questionnaire, and it will essentially walk you through some of
[08:53.240 --> 08:57.320]  the remedies you have available to you.
[08:57.320 --> 09:05.040]  As I put all the pieces together, we will be crafting not only a tool that will tell
[09:05.040 --> 09:13.360]  you what the remedy is, but give you the tools and documentation and references to the professionals
[09:13.360 --> 09:19.120]  out there that can help you to save your homes and keep from having your family thrown out
[09:19.120 --> 09:22.960]  in the street if you're in an apartment.
[09:22.960 --> 09:25.600]  Just a little bad news to start the show with.
[09:25.600 --> 09:32.600]  We have a couple of callers already, and rather than depress everybody even more, let's go
[09:32.600 --> 09:35.920]  to Jeff in South Carolina, hello Jeff.
[09:35.920 --> 09:38.200]  What do you have for us today?
[09:38.200 --> 09:41.280]  Good evening, Randy.
[09:41.280 --> 09:42.920]  Nice to hear from you.
[09:42.920 --> 09:44.920]  Hear your program up and running.
[09:44.920 --> 09:49.320]  Yes, it can be rather depressing.
[09:49.320 --> 09:54.040]  I'm glad to hear you're activating some of your website.
[09:54.040 --> 10:00.280]  I know from time to time you'll say like leagorith.net is up and working now or isn't in that, but
[10:00.280 --> 10:01.280]  I try to keep going.
[10:01.280 --> 10:02.280]  Okay.
[10:02.280 --> 10:07.320]  So leagorith.net is up, but legal earth is not a remedy page.
[10:07.320 --> 10:12.960]  Legal earth is a white paper for my project.
[10:12.960 --> 10:14.360]  The solutions are not there.
[10:14.360 --> 10:19.160]  I do have the traffic site up and working.
[10:19.160 --> 10:25.080]  The SEC site's not quite back up, but that's just a proof of concept product.
[10:25.080 --> 10:31.600]  I have a team maker there that just makes a lot of noise.
[10:31.600 --> 10:33.160]  That's a proof of concept.
[10:33.160 --> 10:41.360]  The first true remedy site that I will have up will be freemortgagehelp.net, and I'm in
[10:41.360 --> 10:48.320]  the process of going into my archives and dragging out the massive amounts of information
[10:48.320 --> 10:51.800]  I have in there and getting it reorganized.
[10:51.800 --> 10:56.680]  The biggest problem I'm having is getting all the links to work again, but once I get
[10:56.680 --> 11:03.120]  all that up, I will have more information than you want to know.
[11:03.120 --> 11:04.120]  Okay.
[11:04.120 --> 11:05.960]  I'm sorry I interrupted you.
[11:05.960 --> 11:06.960]  Go ahead.
[11:06.960 --> 11:07.960]  That's great.
[11:07.960 --> 11:15.400]  It would sometime maybe if you have a slower push error, it would be great just to actually
[11:15.400 --> 11:21.000]  reduce the different sites you have and what they are in summary.
[11:21.000 --> 11:25.880]  That would be great help because I catch notes now and then, and then I go in and bookmark
[11:25.880 --> 11:33.320]  them on my computer and the frog farm and all that good stuff, you know?
[11:33.320 --> 11:39.520]  That's on jurismprudence.website, and that is up and working.
[11:39.520 --> 11:46.600]  I haven't updated it in a long time, but it still has a lot of good information on it.
[11:46.600 --> 11:54.440]  In doing this research, I had to dig out some special file modifications I had made, and
[11:54.440 --> 12:00.040]  I made those to the bar grievance site.
[12:00.040 --> 12:05.520]  So I pulled the bar grievance site out of the cobwebs, and it won't take a lot for me
[12:05.520 --> 12:09.680]  to get that one put together.
[12:09.680 --> 12:18.080]  I've gotten relatively effective with WordPress, so I can put a site together relatively quickly.
[12:18.080 --> 12:23.760]  As I can get to them, I'm going to start bringing all these sites back up because they will
[12:23.760 --> 12:24.760]  all be interconnected.
[12:24.760 --> 12:35.120]  That's good to hear because I spent a portion of my time trying to dig up South Carolina
[12:35.120 --> 12:43.280]  resources to file judicial conduct complaints, lawyer bar grievances, and I still haven't
[12:43.280 --> 12:46.800]  gotten down to some of them, even though I spent most of my afternoon and evening doing
[12:46.800 --> 12:47.800]  it.
[12:47.800 --> 12:52.440]  I'm still trying to work through stuff to find it, and I'm digging.
[12:52.440 --> 13:01.920]  South Carolina law seems to be harder to navigate, if you recall, I had helped my son and grandson
[13:01.920 --> 13:05.080]  up in Pennsylvania.
[13:05.080 --> 13:09.640]  Their legal documents and court and stuff set up is much, much easier.
[13:09.640 --> 13:15.640]  I could find stuff up there half as easy as what I can for South Carolina.
[13:15.640 --> 13:18.000]  It's a battle, almost everything I do.
[13:18.000 --> 13:28.360]  I spent days and many part of days and hours of days off and on looking for what you deliberately
[13:28.360 --> 13:32.920]  refer to as official oppression or official misconduct.
[13:32.920 --> 13:36.080]  I finally found it yesterday.
[13:36.080 --> 13:44.760]  It was not labeled well, and it was sandwiched within a paragraph of other things, but there
[13:44.760 --> 13:49.880]  it was, almost exactly the way you cited it in Texas law.
[13:49.880 --> 13:55.280]  It wasn't labeled properly, it was in miscellaneous law off to the side, and as I was reading
[13:55.280 --> 14:00.760]  down through, I finally picked up on it Thursday yesterday, and I was like, wow, I finally found
[14:00.760 --> 14:01.760]  it.
[14:01.760 --> 14:06.040]  I've been looking for that one because I couldn't proceed down here in South Carolina like I
[14:06.040 --> 14:10.760]  was able up in Pennsylvania because I could not find the official oppression or misconduct
[14:10.760 --> 14:11.760]  law.
[14:11.760 --> 14:12.760]  It was horrible.
[14:12.760 --> 14:20.680]  I'm glad you found that because I seem to recall looking for it once before myself and
[14:20.680 --> 14:21.680]  never did find it.
[14:21.680 --> 14:22.680]  It's a burger.
[14:22.680 --> 14:30.960]  Let me pull up real quick and I'll give you the site.
[14:30.960 --> 14:33.280]  Can you email it to me?
[14:33.280 --> 14:36.240]  I'll try and do that, yes, sir.
[14:36.240 --> 14:42.720]  As I'm building these sites, I will be building sites for every state.
[14:42.720 --> 14:49.200]  I intend to use the traffic site as kind of a jumping off point.
[14:49.200 --> 14:53.960]  We start with traffic and from traffic, we move into due process, and from due process
[14:53.960 --> 15:00.800]  on into the criminal, and then from the criminal, we start loading up other areas of law.
[15:00.800 --> 15:07.760]  That's where the traffic for all of these, we will need the official misconduct statutes
[15:07.760 --> 15:11.120]  for every state.
[15:11.120 --> 15:14.880]  If you will send me your research, I will load it on the website.
[15:14.880 --> 15:19.480]  Oh, gladly, absolutely gladly, yep.
[15:19.480 --> 15:25.320]  But then where I was going with that was, of course, is to back up other things.
[15:25.320 --> 15:27.640]  You referred to it, I think, in Tennessee.
[15:27.640 --> 15:36.920]  Again, I've looked, tried to find case law or anything on it here, but the Rule 605, Court
[15:36.920 --> 15:44.880]  Procedure Rule 605 and B says, general rule, except as provided by C through F, which all
[15:44.880 --> 15:51.680]  require a presiding judge may authorize, so on.
[15:51.680 --> 15:57.840]  Below, the broadcasting, televising, recording, and taking photographs in the courtroom and
[15:57.840 --> 16:03.840]  areas immediately adjacent there to during sessions of court or recesses between sessions
[16:03.840 --> 16:06.520]  is prohibited.
[16:06.520 --> 16:14.400]  That's what it says in South Carolina law, and they stop you right at the door and will
[16:14.400 --> 16:19.920]  not allow you to take a cell phone in.
[16:19.920 --> 16:22.920]  That needs to get a federal complaint.
[16:22.920 --> 16:30.440]  Okay, well, could you give me at least some startup direction on that, what's the...
[16:30.440 --> 16:38.920]  I'll have to look up, every circuit has addressed the right of the public to record their public
[16:38.920 --> 16:41.280]  officials in the performance of the duty.
[16:41.280 --> 16:46.480]  So that needs to be set up, but we'll have to set that up after we go to our sponsors.
[16:46.480 --> 16:54.520]  Randy Kelton, Rule of Law Radio, on this Friday, the 28th day of August, 2020.
[16:54.520 --> 17:00.520]  We'll be right back.
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[18:00.400 --> 18:04.920]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[18:04.920 --> 18:08.480]  In today's America, we live in an us against them society, and if we the people are ever
[18:08.480 --> 18:12.280]  going to have a free society, then we're going to have to stand and defend our own rights.
[18:12.280 --> 18:15.920]  Among those rights are the right to travel freely from place to place, the right to act
[18:15.920 --> 18:19.920]  in our own private capacity, and most importantly, the right to due process of law.
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[19:24.680 --> 19:32.840]  Okay, we are back.
[19:32.840 --> 19:37.360]  Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Jeff in South
[19:37.360 --> 19:38.360]  Carolina.
[19:38.360 --> 19:40.360]  Okay, go ahead, Jeff.
[19:40.360 --> 19:49.400]  Yeah, you were saying that you would probably, for them, denying communication or recording
[19:49.400 --> 19:55.200]  of public officials during the public job would be a federal court, federal issue?
[19:55.200 --> 19:58.200]  Yes, what circuit are you in?
[19:58.200 --> 20:00.200]  What federal circuit?
[20:00.200 --> 20:02.200]  Fourth.
[20:02.200 --> 20:08.080]  So look up fourth federal circuit of recording public officials.
[20:08.080 --> 20:12.160]  You should get a hit on that case.
[20:12.160 --> 20:14.640]  I know what it is for the fifth circuit.
[20:14.640 --> 20:19.040]  That's the one I'm in and that's Turner v. Driver.
[20:19.040 --> 20:23.920]  But as I understand, every circuit has addressed this issue.
[20:23.920 --> 20:27.240]  So what you do is you go down there and set them up.
[20:27.240 --> 20:28.240]  Right.
[20:28.240 --> 20:32.960]  You go down there with your camera or, you know, I've got a really big obnoxious camera.
[20:32.960 --> 20:36.880]  I take it down there and throw it up on my shoulder and I want to go in the court.
[20:36.880 --> 20:38.880]  I did this in Tennessee.
[20:38.880 --> 20:42.720]  I want to record the proceedings and the bailiff said, you can't record the proceedings
[20:42.720 --> 20:44.320]  as real against it.
[20:44.320 --> 20:51.160]  Well, in that case, go in there and arrest the judge and set the judge up.
[20:51.160 --> 20:54.640]  Get the judge to act in accordance with the rule.
[20:54.640 --> 21:01.040]  And then you can file a 42 U.S. Code 1983 suit or, which is a lot easier, just file
[21:01.040 --> 21:05.040]  a petition for declaratory judgment.
[21:05.040 --> 21:08.040]  And those may be no cost in the Fed.
[21:08.040 --> 21:11.440]  I'll have to check.
[21:11.440 --> 21:16.720]  And you file a petition for declaratory judgment and you ask the court to rule.
[21:16.720 --> 21:22.520]  Can, oh, matter of fact, we've got one.
[21:22.520 --> 21:30.840]  They have a fellow broadcaster from Agenda 21 radio.
[21:30.840 --> 21:40.000]  He has filed one in Alabama where Alabama, they gave him a ticket and arrested him.
[21:40.000 --> 21:47.960]  So he filed a civil action against the two officers alleging, making allegations against
[21:47.960 --> 21:58.000]  the constitutionality of the transportation code as it applies to private citizens.
[21:58.000 --> 22:05.480]  And they said that that suit intimidated the officers.
[22:05.480 --> 22:10.880]  And there is a statute in Alabama that says if you do anything to intimidate a police
[22:10.880 --> 22:13.800]  officer, that's a felony.
[22:13.800 --> 22:21.200]  So they construed the proper filing of a federal complaint in the federal court as a
[22:21.200 --> 22:26.240]  felony and arrested him, held him in jail for 11 months.
[22:26.240 --> 22:37.920]  So we filed a petition to declaratory judgment and asked the court if a state statute could
[22:37.920 --> 22:46.800]  render the exercise of a constitutionally guaranteed right as a felony.
[22:46.800 --> 22:52.360]  And that's all the suit asked, nothing else.
[22:52.360 --> 22:57.160]  And then we explained the circumstances of what happened.
[22:57.160 --> 23:06.760]  And you would file the exact same suit and explain that you attempted to exercise your
[23:06.760 --> 23:15.520]  constitutionally guaranteed first amendment right to photograph your public officials
[23:15.520 --> 23:22.760]  and the performance of the duty and we need to cite the case from the fourth amendment
[23:22.760 --> 23:25.440]  that establishes that.
[23:25.440 --> 23:36.120]  And then asked the court if a state law can restrict the constitutional right.
[23:36.120 --> 23:42.960]  Now all the case law I've seen says that a state law can grant you more rights than
[23:42.960 --> 23:53.000]  the federal does, but it cannot restrict your rights beyond what the fed does.
[23:53.000 --> 23:54.840]  This is pretty well dead bang.
[23:54.840 --> 24:01.400]  You know, it would seem like it says that the federal constitutional rights look like
[24:01.400 --> 24:03.800]  a baseline of all rights.
[24:03.800 --> 24:07.440]  They can enlarge them, but they're guaranteed, everybody's guaranteed those.
[24:07.440 --> 24:08.440]  Right.
[24:08.440 --> 24:15.320]  And in enlarging them, you cannot shrink them, so you will find that.
[24:15.320 --> 24:19.640]  And even if you don't find the case, you may be able to make the case.
[24:19.640 --> 24:25.880]  The guy Turner in Texas was, you know, I'm from just north of Fort Worth and I know
[24:25.880 --> 24:28.440]  the Fort Worth Courthouse very well.
[24:28.440 --> 24:33.600]  He was standing across the street from Fort Worth Courthouse, the police department, which
[24:33.600 --> 24:37.840]  is two blocks down, videotaping the police department.
[24:37.840 --> 24:43.280]  And the police came over and questioned him, and it was in the middle of summer and put
[24:43.280 --> 24:48.200]  him in the car for an hour with the windows rolled up and no air conditioning.
[24:48.200 --> 24:52.400]  They call it hotboxing them and they do that on a regular basis.
[24:52.400 --> 24:57.640]  And then they found out that they didn't have anything to charge him with, so they let him
[24:57.640 --> 25:06.280]  go and he sued him and he got us our ruling for the Fifth Circuit.
[25:06.280 --> 25:13.960]  If the Fourth doesn't have one, then you can bring in under good faith and credit the ruling
[25:13.960 --> 25:18.440]  in all of the other circuits.
[25:18.440 --> 25:23.440]  And then ask the Fourth Circuit to make the same ruling.
[25:23.440 --> 25:28.800]  And they almost certainly have to follow them, otherwise you just take it to the Supreme.
[25:28.800 --> 25:34.040]  So far, all of the circuits have ruled in favor, so nobody's taking it to the Supreme
[25:34.040 --> 25:41.000]  yet because the circuits knew exactly what would happen if they took it to the Supreme.
[25:41.000 --> 25:43.240]  The Supreme would end the controversy.
[25:43.240 --> 25:47.360]  So you may be able to get this one in your name.
[25:47.360 --> 25:57.160]  Well, I'm just trying to get together some of the fundamental pieces here because half
[25:57.160 --> 26:02.320]  a year ago or so, I went in just to sit in the court and listen and they absolutely denied
[26:02.320 --> 26:09.120]  me the right to bring in a cell phone and I said, well, I might need it for like dictation
[26:09.120 --> 26:13.240]  and when I go out and step outside, nope, not allowed to have it, can't do it.
[26:13.240 --> 26:14.240]  That was it.
[26:14.240 --> 26:15.240]  So, good.
[26:15.240 --> 26:22.880]  You go back, get them to do that and then ask, who told you I couldn't do this?
[26:22.880 --> 26:26.680]  And if he says the judge did, then ask him to arrest the judge.
[26:26.680 --> 26:32.160]  According to the duties and responsibilities of clerk of court, she is the judge.
[26:32.160 --> 26:38.920]  The clerk of court is pretty much responsible for everything that goes on in that courthouse
[26:38.920 --> 26:39.920]  the way it looks.
[26:39.920 --> 26:47.560]  Well, the way the judge is, well, in this case in South Carolina, you have an actual
[26:47.560 --> 26:50.880]  statute that's an unconstitutional statute.
[26:50.880 --> 26:59.120]  What might be even better is I'm taking a somewhat different view of the courts and
[26:59.120 --> 27:01.520]  how to beat them.
[27:01.520 --> 27:06.040]  Even in your case at the end of the day, it doesn't always beat the courts because they
[27:06.040 --> 27:10.680]  just keep doing what they were doing anyway, they don't care what the law says.
[27:10.680 --> 27:19.040]  So you file suit against them and claim a whole bunch of money for damages, claim you
[27:19.040 --> 27:25.720]  were harmed and then use our tools and beat them up a little bit, beat up the prosecutors
[27:25.720 --> 27:33.200]  with bar grievances, judicial conduct complaints, criminal complaints, and then move the court
[27:33.200 --> 27:39.200]  to order mediation and bring in a lawyer to mediate a deal and say, okay, guys, I sued
[27:39.200 --> 27:45.080]  you for $500,000, give me $50,000, I'll go away and leave you alone.
[27:45.080 --> 27:55.040]  Then we take the suit and put it on our websites and make it available to everybody else.
[27:55.040 --> 27:59.680]  So anybody else who's denied access to the court can pull the suit down, put their name
[27:59.680 --> 28:02.720]  on it and file it.
[28:02.720 --> 28:07.720]  Inundate them with lawsuits from private citizens.
[28:07.720 --> 28:18.000]  I'm concerned about suits we have now against governors for these executive orders they're
[28:18.000 --> 28:28.440]  issuing where the lawyers are asking for a declaratory judgment, it's a waste of time
[28:28.440 --> 28:34.240]  and the lawyers are not getting the idea how to beat them because if you're a business
[28:34.240 --> 28:39.720]  and you've been shut down and you file a suit for a declaratory judgment to get your place
[28:39.720 --> 28:47.400]  open back up, the governor can keep you in court for four or five years and by then the
[28:47.400 --> 28:53.880]  whole issue will be moot because you'll be out of business and out of money, the governor
[28:53.880 --> 28:56.440]  is not worried about it.
[28:56.440 --> 29:06.600]  So instead of one class action for a temporary restraining order, we file 500 separate suits
[29:06.600 --> 29:15.920]  for individual damages and they have to hire lawyers to represent each one of those and
[29:15.920 --> 29:21.800]  even if they win, they lose because they lose all the attorney fees.
[29:21.800 --> 29:28.960]  We just flood them with lawsuits and they may actually start paying out some money at
[29:28.960 --> 29:29.960]  the end of the day.
[29:29.960 --> 29:32.760]  It's always money is always their weakness.
[29:32.760 --> 29:36.200]  Is that some reasonable Jeff?
[29:36.200 --> 29:37.200]  Sure.
[29:37.200 --> 29:38.200]  Sure.
[29:38.200 --> 29:39.200]  Absolutely.
[29:39.200 --> 29:40.200]  Yep.
[29:40.200 --> 29:41.200]  Yep.
[29:41.200 --> 29:42.200]  Okay, hang on.
[29:42.200 --> 29:43.200]  Let's pick this up on the other side.
[29:43.200 --> 29:47.160]  There's a little long wind in there, but this is fun.
[29:47.160 --> 29:56.520]  Randy Kelton, the Wheel of Law radio on this Friday, the 29th day of August 2020, we'll
[29:56.520 --> 30:02.720]  be right back.
[30:02.720 --> 30:06.320]  It's clear cell phones have changed the way we live and work, but have they negatively
[30:06.320 --> 30:07.320]  affected our health?
[30:07.320 --> 30:11.480]  I'm Dr. Katherine Albrecht and I'll be back in just a moment with new findings about how
[30:11.480 --> 30:15.480]  cell phones may actually alter our brain chemistry.
[30:15.480 --> 30:17.400]  Privacy is under attack.
[30:17.400 --> 30:21.000]  When you give up data about yourself, you'll never get it back again.
[30:21.000 --> 30:25.760]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.760 --> 30:27.200]  So protect your rights.
[30:27.200 --> 30:30.720]  Say no to surveillance and keep your information to yourself.
[30:30.720 --> 30:33.520]  Privacy, it's worth hanging on to.
[30:33.520 --> 30:37.840]  This public service announcement is brought to you by StartPage.com, the private search
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[30:45.240 --> 30:46.880]  Cell phones emit radio frequency energy.
[30:46.880 --> 30:47.880]  It's a fact.
[30:47.880 --> 30:51.480]  But whether it's dangerous to have a phone beaming this kind of radiation near your
[30:51.480 --> 30:53.240]  head has been disputed.
[30:53.240 --> 30:57.240]  Some have blamed it for brain tumors, while cell phone companies have downplayed concerns.
[30:57.240 --> 31:01.760]  Well, now the Journal of the American Medical Association is confirming that cell phones
[31:01.760 --> 31:02.760]  affect brain chemistry.
[31:02.760 --> 31:08.360]  A study of 47 volunteers showed that glucose metabolism in the area of the brain closest
[31:08.360 --> 31:12.040]  to the cell phone antenna increases when the cell phone is on.
[31:12.040 --> 31:16.080]  While researchers aren't sure whether this exposure causes damage, I'm not taking any
[31:16.080 --> 31:17.080]  chances.
[31:17.080 --> 31:20.560]  I always keep the phone far from my body and I use a corded headset.
[31:20.560 --> 31:22.360]  I'm Dr. Catherine Albrecht.
[31:22.360 --> 31:30.680]  More news and information at CatherineAlbrecht.com.
[31:30.680 --> 31:31.680]  I lost my son.
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[31:34.680 --> 31:35.680]  September 11, 2000.
[31:35.680 --> 31:38.920]  People don't know that a third tower fell on September 11.
[31:38.920 --> 31:43.040]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:43.040 --> 31:46.960]  What will be the official explanation is that fire brought down building 7.
[31:46.960 --> 31:51.800]  Over 1,200 architects and engineers have looked into the evidence and believed there is more
[31:51.800 --> 31:52.800]  to the story.
[31:52.800 --> 31:54.120]  Bring justice to my son.
[31:54.120 --> 31:55.120]  My uncle.
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[31:56.120 --> 31:57.120]  My son.
[31:57.120 --> 31:58.120]  Go to building what.org.
[31:58.120 --> 31:59.120]  Why it fell.
[31:59.120 --> 32:00.120]  Why it matters.
[32:00.120 --> 32:01.120]  And what you can do.
[32:01.120 --> 32:06.000]  Logos Radio Network welcomes a new show to our lineup for the new year.
[32:06.000 --> 32:12.280]  Scripture Talk with Nana will begin Wednesday, January 8 from 8 to 10 p.m. central time.
[32:12.280 --> 32:15.360]  Our goal is in accord with Matthew 5.16.
[32:15.360 --> 32:20.400]  Let your light so shine before men that they may see your good works and glorify your Father
[32:20.400 --> 32:21.960]  which is in heaven.
[32:21.960 --> 32:26.800]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:26.800 --> 32:32.320]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed
[32:32.320 --> 32:35.440]  to provoke unto love and good works.
[32:35.440 --> 32:39.840]  Our verse by verse Bible studies will begin in the book of Matthew where we will discuss
[32:39.840 --> 32:41.600]  one chapter per week.
[32:41.600 --> 32:46.680]  Our topical Bible studies will vary each week and will explore sound doctrine as well as
[32:46.680 --> 32:48.880]  Christian character development.
[32:48.880 --> 32:55.920]  So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. starting
[32:55.920 --> 33:01.200]  January 8 for an inspiring and motivating discussion of the Scriptures.
[33:01.200 --> 33:16.240]  You're listening to the Logos Radio Network at LogosRadioNetwork.com Yeah, I got that one
[33:16.240 --> 33:26.480]  part, and I'm going to solve that to the head of government then, I'll see you then, okay.
[33:26.480 --> 33:32.880]  Okay, we are back, Randy Kelton, we're real low radio and we're talking to Jeff in South
[33:32.880 --> 33:39.760]  Carolina and if I can find my mouse and get you unmuted, there you go, I hear about myself
[33:39.760 --> 33:45.120]  so I'm having to run the studio as well as do the show so I get a little distracted.
[33:45.120 --> 33:48.960]  Okay, Jeff, what do you think about taking these guys on?
[33:48.960 --> 33:55.840]  Well, I like the general idea, I wasn't figuring on the federal end of it, but I guess if that's
[33:55.840 --> 34:05.080]  our avenue, that's the way that goes, right, and likewise, I'll look in the Fourth Circuit,
[34:05.080 --> 34:11.840]  I had dug around in the Fourth Circuit in U.S. Supreme Decisions and tried to find something
[34:11.840 --> 34:16.720]  on recording public officials, but when I was using that, I couldn't come up with anything
[34:16.720 --> 34:21.960]  I could find, but I'm sure there should be something there.
[34:21.960 --> 34:30.920]  I'm almost, even if there isn't, we can sue them anyway, I'll try to dig out Turner Driver.
[34:30.920 --> 34:38.960]  If you'll send me an email to remind me to look up that recording court case, I'll dig
[34:38.960 --> 34:44.520]  it up and then see if I can find cases for the other circuits.
[34:44.520 --> 34:51.360]  Yeah, I'm pretty sure I have Turner Driver because most of the court, like Gerstein
[34:51.360 --> 34:57.240]  Pugh and Walker v. Packer and all that, when you talk about them, I usually grab them and
[34:57.240 --> 34:58.840]  read them.
[34:58.840 --> 35:05.840]  With the Walker versus Packer, the judge's discretion there and all that, that was dead
[35:05.840 --> 35:12.440]  on, but I read Gerstein Pugh through a few times and I did not see the preliminary hearings
[35:12.440 --> 35:18.040]  were guaranteed to everyone, but only in case of incarceration is all I could determine.
[35:18.040 --> 35:28.280]  Yes, yes, that is true, that's the only time the intent of the preliminary hearing is to
[35:28.280 --> 35:34.160]  keep you from being incarcerated without a ruling by a judge.
[35:34.160 --> 35:39.440]  Now, apparently you must have been speaking to a particular level of offenses where incarceration
[35:39.440 --> 35:45.400]  is proud because I thought what I heard you say was all people, all cases are entitled
[35:45.400 --> 35:47.480]  to a preliminary hearing.
[35:47.480 --> 35:53.600]  Okay, let me qualify, you're right.
[35:53.600 --> 35:59.400]  When an officer arrests you, Gerstein Pugh goes to, when you're restricted at your liberty,
[35:59.400 --> 36:04.320]  the officer is required to take you directly to a magistrate for a preliminary hearing,
[36:04.320 --> 36:12.600]  but in any claim, any criminal prosecution, before the prosecution can be commenced, there
[36:12.600 --> 36:15.440]  must be a determination by a neutral magistrate.
[36:15.440 --> 36:23.720]  So if the officer writes you a citation and doesn't take you to jail, then I can't quote
[36:23.720 --> 36:31.480]  South Carolina law, but I can quote Texas law, 14.06, Texas Code of Criminal Procedure,
[36:31.480 --> 36:40.680]  for any offense, classy misdemeanor or otherwise, the arresting officer shall take the accused
[36:40.680 --> 36:44.280]  directly to the nearest magistrate.
[36:44.280 --> 36:55.560]  If you are given a citation, then you must sign the citation and agree to appear before
[36:55.560 --> 37:04.000]  a magistrate of the county, in the transportation code where it authorizes a police officer
[37:04.000 --> 37:10.680]  who issues a traffic citation to release you based on your signature.
[37:10.680 --> 37:20.920]  What the signature says is that you promise to appear on the day at the time before some
[37:20.920 --> 37:29.160]  magistrate of the county does not say judge, does not say clerk, says magistrate.
[37:29.160 --> 37:38.280]  And the only thing magistrates can do is they can marry people and they can hold preliminary
[37:38.280 --> 37:43.440]  hearings or examining trials, in North Carolina they will probably call it a preliminary hearing
[37:43.440 --> 37:51.080]  and in Texas they call it an examining trial and they can set bail after the examining
[37:51.080 --> 37:57.760]  trial, that's it, that's all a magistrate can do, a magistrate is not a judge.
[37:57.760 --> 38:04.640]  Now in the fed, they have magistrate judges, that's a different animal, that's not, that
[38:04.640 --> 38:10.720]  is, the magistrate judge is a magistrate in the classic sense, but he's also a magistrate
[38:10.720 --> 38:18.640]  judge, the district judge is a district judge and he is also a magistrate, every judge is
[38:18.640 --> 38:25.920]  a magistrate, they get past the confusion about federal magistrates, okay there are
[38:25.920 --> 38:34.000]  federal magistrates who are only magistrates and all they do is holding a preliminary hearings,
[38:34.000 --> 38:37.280]  okay is that clear as mud?
[38:37.280 --> 38:42.080]  That's better, yeah, I guess either, maybe I didn't understand what you said or whatever
[38:42.080 --> 38:47.200]  but that you like to say Gerstein Pugh when I read I said man I'm not getting that, that's
[38:47.200 --> 38:51.200]  a preliminary before you get thrown in the clink the way it sounds to me.
[38:51.200 --> 39:01.640]  Yeah, that's exactly what Gerstein Pugh went to, it didn't go to the part where say a judge
[39:01.640 --> 39:07.480]  issues a complaint, someone files a complaint with the judge and instead of issuing a warrant
[39:07.480 --> 39:15.280]  he simply issues a summons, right, he can do that, but the summons will always say the
[39:15.280 --> 39:22.760]  same as a complaint, if the judge issues a warrant, the warrant or the summons will say
[39:22.760 --> 39:28.480]  arrest this, or the summons will order them to appear on a day of time, a warrant they
[39:28.480 --> 39:34.960]  can issue a warrant for a criminal act or as a material witness and in either case the
[39:34.960 --> 39:45.840]  warrant will say arrest this person and bring him before me, if I'm not available, if the
[39:45.840 --> 39:51.320]  magistrate is not available, who issued the warrant then you're to take him directly to
[39:51.320 --> 39:58.880]  the nearest magistrate for the purpose of a preliminary hearing.
[39:58.880 --> 40:07.040]  The reason for that is if a policeman arrests you, he arrests you on his own volition, on
[40:07.040 --> 40:14.280]  his own personal opinion, then his opinion can be skewed by his zeal to enforce law and
[40:14.280 --> 40:19.680]  this is out of the case law that says that, but a policeman when he arrests you has no
[40:19.680 --> 40:25.160]  more authority to arrest you than a private citizen does, a policeman does not arrest
[40:25.160 --> 40:32.360]  you in his capacity as a peace officer, I'm sorry, yes he does, he doesn't file a criminal
[40:32.360 --> 40:38.960]  complaint against you in his capacity as a peace officer, he files a criminal complaint
[40:38.960 --> 40:47.760]  against you in his capacity as a correttable person, the human being files the criminal
[40:47.760 --> 40:52.640]  complaint, the police officer makes the arrest.
[40:52.640 --> 41:02.840]  And when a complaint is made it is necessarily ex parte, if a policeman goes to a magistrate
[41:02.840 --> 41:09.920]  to secure a warrant or if a citizen goes to a magistrate and registers a complaint that's
[41:09.920 --> 41:13.600]  ex parte, the accused is not there.
[41:13.600 --> 41:20.320]  So if the judge finds probable cause the judge can issue a warrant, but the warrant can only
[41:20.320 --> 41:29.160]  have one purpose and that is to bring that person before the magistrate so that the magistrate
[41:29.160 --> 41:40.560]  can now hold a proper examining trial with both parties present, does that make sense?
[41:40.560 --> 41:49.480]  Yes sir, we bet, see these pieces all fit very well together, the court cannot have jurisdiction
[41:49.480 --> 41:58.240]  until a magistrate has made a finding of probable cause, he then forage that finding of probable
[41:58.240 --> 42:06.640]  cause to the court of jurisdiction and transfers jurisdiction from the magistrate to the court.
[42:06.640 --> 42:11.960]  One thing I stepped over, hadn't presented this directly in a long time, the magistrate
[42:11.960 --> 42:19.960]  has jurisdiction based on a complaint by a credible citizen, credible over the age of
[42:19.960 --> 42:24.800]  18, never convicted of a felony.
[42:24.800 --> 42:33.000]  When a magistrate receives a complaint by a credible person, then the magistrate has
[42:33.000 --> 42:40.320]  jurisdiction to hold an ex parte examining trial, issue a warrant, order the arrest of
[42:40.320 --> 42:46.480]  the person, order the person to be brought before him or her and then the magistrate
[42:46.480 --> 42:53.720]  must hold a proper examining trial, if he finds probable cause, he issues a warrant
[42:53.720 --> 43:02.480]  and forages the warrant and the complaint and forages that to the court of jurisdiction
[43:02.480 --> 43:09.480]  and that transfer moves jurisdiction from the magistrate to the court.
[43:09.480 --> 43:16.320]  They want to bring you directly to the court and avoid that step, but that step is necessary
[43:16.320 --> 43:23.160]  for due process and it renders everyone following and violation of criminal law.
[43:23.160 --> 43:30.720]  And that's the one about the officer making the arrest, it's to prevent the officer from
[43:30.720 --> 43:36.040]  taking you to jail and subject, subjecting you to imprisonment.
[43:36.040 --> 43:41.160]  On his own volition, it was not intended that a peace officer have the key to the jailhouse
[43:41.160 --> 43:47.240]  door, he can arrest, but he can't imprison, only a magistrate can do that.
[43:47.240 --> 43:55.240]  Randy Calcom, rule of law radio, I call it number 512-646-1984, Frank I see you there,
[43:55.240 --> 44:00.560]  we'll get to you, we'll be right back.
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[46:23.600 --> 46:31.480]  Okay, we are back, Randy Kelton, rule of law radio, and we're talking to Jeff in South Carolina.
[46:31.480 --> 46:38.120]  Jeff, you might have noticed I kind of used you there to address some due process that
[46:38.120 --> 46:43.600]  I've been wanting to go back to this for a long time, but I keep getting let off on
[46:43.600 --> 46:48.520]  other subjects, so I kind of stole your time so I could address something that I wanted
[46:48.520 --> 46:49.920]  to go through.
[46:49.920 --> 46:53.800]  Okay, now let's go back to your issues.
[46:53.800 --> 46:58.920]  Well, I appreciate what you do, and even that review is good.
[46:58.920 --> 47:01.960]  It's always good just to review the basics.
[47:01.960 --> 47:10.000]  But yeah, I was just mostly concerned about how they restrict the recording of public
[47:10.000 --> 47:13.440]  officials, even though it's in the court house.
[47:13.440 --> 47:19.640]  And of course, that rule 6.05 looks unconstitutional all day long to me.
[47:19.640 --> 47:25.120]  And I was hoping that I could do it at a local level, but it looks like maybe I shouldn't
[47:25.120 --> 47:26.120]  have any idea.
[47:26.120 --> 47:30.480]  Actually, I believe you can.
[47:30.480 --> 47:45.640]  Wait, no, no, this is just a, if you have a state issue that implicates a federal claim
[47:45.640 --> 47:54.400]  and the action is not removed to the federal court, the state can hear the federal claim.
[47:54.400 --> 48:00.960]  Now, I'm saying that, but somewhere in the back of my mind, I seem to recall a change
[48:00.960 --> 48:03.240]  in the law.
[48:03.240 --> 48:06.360]  That's the way it used to be.
[48:06.360 --> 48:16.760]  But I somehow I remember that it has changed so that a case in the state that has a federal
[48:16.760 --> 48:23.960]  issue must be removed to the federal court, the state can't hear it.
[48:23.960 --> 48:32.680]  If a issue is in the federal court that has both federal and state issues, then the federal
[48:32.680 --> 48:36.480]  court can hear the state issues.
[48:36.480 --> 48:45.760]  And what the rationale is, is that a state court cannot rule on a federal issue, period.
[48:45.760 --> 48:52.320]  So if you have both federal and state, since the state can't rule on the federal issue,
[48:52.320 --> 48:54.960]  then it has to go to the feds.
[48:54.960 --> 49:05.960]  And in accord, in an effort toward judicial economy, rather than have two separate trials,
[49:05.960 --> 49:13.320]  the state can hear the, I'm sorry, rather than have two separate trials, the fed can
[49:13.320 --> 49:17.160]  hear the state issues along with the federal issue.
[49:17.160 --> 49:18.960]  Does that make sense?
[49:18.960 --> 49:20.120]  I believe so.
[49:20.120 --> 49:23.960]  And what you're particularly referring to as a civil action here, correct?
[49:23.960 --> 49:26.320]  No, civil or criminal.
[49:26.320 --> 49:27.320]  Okay.
[49:27.320 --> 49:35.600]  If a guy is accused of committing a state criminal act, and in the process of committing
[49:35.600 --> 49:43.840]  that state criminal act, say he commits murder in the state and then flees from the scene,
[49:43.840 --> 49:47.440]  flight to avoid arrest is a crime in progress.
[49:47.440 --> 49:53.400]  And if in the process of that state crime in progress, he crosses a federal board, I
[49:53.400 --> 49:59.640]  mean a state border, then the issue becomes diverse because now he's committing a crime
[49:59.640 --> 50:02.560]  in the other state.
[50:02.560 --> 50:10.760]  And if the issue is diverse, where two states claim jurisdiction, the feds must hear it.
[50:10.760 --> 50:11.760]  Okay.
[50:11.760 --> 50:18.680]  I'm referring to this issue I'm looking at maybe trying to address the court recording.
[50:18.680 --> 50:26.960]  I'm within state boundaries, it's a state, a state court.
[50:26.960 --> 50:36.560]  What does the state constitution say about public courts?
[50:36.560 --> 50:42.400]  All proceedings are public, all courts are public, it does say that, otherwise I don't
[50:42.400 --> 50:43.960]  know what else you're referring to.
[50:43.960 --> 50:44.960]  Okay.
[50:44.960 --> 50:45.960]  That's it.
[50:45.960 --> 50:53.520]  I'm going to argue that's exactly the justification that the federal courts ruled.
[50:53.520 --> 51:01.040]  So if you want to take it in the state, you can file the claim under state law, under
[51:01.040 --> 51:09.800]  a violation of the state constitution, that this law is violative of the South Carolina
[51:09.800 --> 51:19.960]  constitution on its face and therefore is void and has been void ab initio.
[51:19.960 --> 51:30.880]  Because public court, every state constitution guarantees the right to a public court.
[51:30.880 --> 51:36.800]  And the courts have ruled that the right to record is a part of the right to a public
[51:36.800 --> 51:47.480]  court and ask the, since all of the circuits have ruled that you can do this, this is something
[51:47.480 --> 51:55.000]  that was not contemplated when the constitution was adopted.
[51:55.000 --> 52:00.800]  Because the ability did not exist, had not even been contemplated.
[52:00.800 --> 52:04.400]  The only way to have a recording is a court reporter.
[52:04.400 --> 52:11.080]  Now you could go into court with your own court reporters and that's well established
[52:11.080 --> 52:16.960]  all over the country that you can make your own transcript with your own court reporter.
[52:16.960 --> 52:19.400]  But in the day, that was the only way to do it.
[52:19.400 --> 52:24.840]  You could also have a stenographer come in to the shorthand and they could sit in the
[52:24.840 --> 52:28.120]  court and record the proceedings.
[52:28.120 --> 52:29.120]  That's well established.
[52:29.120 --> 52:32.680]  That's not even something they'll argue about.
[52:32.680 --> 52:42.040]  So this is just a different methodology than using a stenographer or a court reporter.
[52:42.040 --> 52:50.000]  I suspect that the court reporter is making a recording.
[52:50.000 --> 52:56.080]  The court reporter may be taking a stenographic record but court reporter is also making a
[52:56.080 --> 53:05.320]  recorded record so that the reporter can go back and check the accuracy of his transcript.
[53:05.320 --> 53:09.680]  So he's already recording it.
[53:09.680 --> 53:16.360]  So there's precedent and if you have nothing in South Carolina law, then under good faith
[53:16.360 --> 53:20.920]  and credit, you can go to all the federal circuits and bring in their cases.
[53:20.920 --> 53:27.920]  Bring in Turner v. Driver and the other circuits and say, this is what all of the circuits
[53:27.920 --> 53:36.520]  have said about the federal constitution and their right to a public court.
[53:36.520 --> 53:43.400]  The language of the South Carolina Constitution is essentially the same.
[53:43.400 --> 53:50.080]  So the court under good faith and credit should bring this ruling into the state court and
[53:50.080 --> 53:53.440]  rule that you can record.
[53:53.440 --> 53:58.880]  I can't see in this day and time that getting defeated.
[53:58.880 --> 54:02.960]  All right.
[54:02.960 --> 54:08.240]  You should be able to do this in the state court.
[54:08.240 --> 54:16.880]  But would finding a federal circuit court decision on that kind of a contingent to begin that?
[54:16.880 --> 54:23.280]  Well, you already got to know this strictly state.
[54:23.280 --> 54:27.440]  Look at the state constitution, look at the state law.
[54:27.440 --> 54:32.680]  It's the same argument Turner v. Driver brought.
[54:32.680 --> 54:43.080]  There cannot be a law in the state that restricts the state right to a public court.
[54:43.080 --> 54:47.360]  He brought it in the Fed, but it's the exact same argument.
[54:47.360 --> 54:55.040]  The constitutions have essentially the exact same wording, the exact same circumstance.
[54:55.040 --> 54:59.960]  I guess what I'm having a little trouble with is the jump between saying yes to a public,
[54:59.960 --> 55:02.960]  yes, you're able to be their public.
[55:02.960 --> 55:11.880]  And that means yes, you're also allowed to do a digit or electronic recording.
[55:11.880 --> 55:19.880]  You can bring in the circuits that have already ruled on this, good faith and credit.
[55:19.880 --> 55:29.840]  Good faith and credit is where one legislature has considered an issue that another legislature
[55:29.840 --> 55:38.200]  has not considered or one court in one state has considered an issue that another state
[55:38.200 --> 55:40.640]  has not considered.
[55:40.640 --> 55:46.880]  Each state trusts the legislatures and courts of other states.
[55:46.880 --> 55:52.440]  So long as the circumstances are the same, this is a situation where the constitutional
[55:52.440 --> 56:00.000]  issues are the same, then under good faith and credit, a court can bring in a determination
[56:00.000 --> 56:07.640]  by an outside court, not as controlling, but as advisory.
[56:07.640 --> 56:14.920]  To bring in what you need to give the judge is plausible deniability.
[56:14.920 --> 56:24.600]  He needs to be able to explain why he rules that the state statute is unconstitutional.
[56:24.600 --> 56:30.280]  And in this political climate, you'll almost certainly get a ruling in your favor.
[56:30.280 --> 56:35.480]  So what I'm understanding is you're saying you can take the Turner v. Driver argument
[56:35.480 --> 56:39.080]  and tailor it right in for the South Carolina argument.
[56:39.080 --> 56:40.080]  Exactly.
[56:40.080 --> 56:41.080]  Gotcha.
[56:41.080 --> 56:42.080]  Okay.
[56:42.080 --> 56:43.080]  That was...
[56:43.080 --> 56:49.800]  And look at doing it under a petition for declaratory judgment.
[56:49.800 --> 56:52.560]  That narrows the issue.
[56:52.560 --> 57:01.120]  You bring one issue to the court and you ask the court to declare the rights of the parties.
[57:01.120 --> 57:07.640]  You maintain that a citizen has the right to record his public officials in the performance
[57:07.640 --> 57:10.400]  of their duties.
[57:10.400 --> 57:12.920]  Is that correct or not?
[57:12.920 --> 57:19.520]  Where a statute would have the effect of denying that constitutionally guaranteed right?
[57:19.520 --> 57:23.880]  Is the statute unconstitutional on its face?
[57:23.880 --> 57:28.440]  Or is it just unconstitutional, don't have to say, on its face?
[57:28.440 --> 57:31.520]  You don't have anything you don't have to.
[57:31.520 --> 57:39.160]  But ask them to look at the statute and determine if it's constitutional.
[57:39.160 --> 57:41.520]  Almost certainly they will rule that it is not.
[57:41.520 --> 57:47.240]  The simplest way to get it is you only got one issue that can't dodge it.
[57:47.240 --> 57:48.720]  All right.
[57:48.720 --> 57:49.720]  Okay.
[57:49.720 --> 57:51.720]  Does that make sense?
[57:51.720 --> 57:52.720]  Yep.
[57:52.720 --> 58:00.840]  I'm downloading Turner Driver as we speak and I've sent you the South Carolina statutes
[58:00.840 --> 58:04.880]  on what I guess you would call misconduct or official oppression.
[58:04.880 --> 58:07.560]  I've already sent them an email to you.
[58:07.560 --> 58:08.560]  Wonderful.
[58:08.560 --> 58:09.560]  Thank you.
[58:09.560 --> 58:10.560]  Okay.
[58:10.560 --> 58:11.560]  Thank you for your time.
[58:11.560 --> 58:12.560]  Thank you.
[58:12.560 --> 58:13.560]  Thank you, Jeff.
[58:13.560 --> 58:19.200]  And now we're going to go to Frank and Frank, you got 10 seconds.
[58:19.200 --> 58:25.760]  Okay, sorry, Frank, your time's up.
[58:25.760 --> 58:26.760]  Just kidding.
[58:26.760 --> 58:27.760]  Okay.
[58:27.760 --> 58:28.760]  We're about to go to our sponsors.
[58:28.760 --> 58:31.760]  I was just pulling your leg.
[58:31.760 --> 58:34.640]  We'll pick you up on the other side.
[58:34.640 --> 58:43.960]  Randy Kelton, Rue La Radio on this Friday, the 28th day of August, 2020.
[58:43.960 --> 58:50.960]  We'll be right back.
[59:43.960 --> 01:00:06.840]  The following news flash is brought to you by the Lone Star Lowdown.
[01:00:06.840 --> 01:00:12.720]  Markets for Monday, the 22nd of July, 2019, open with precious metals, gold, $1,429 an
[01:00:12.720 --> 01:00:21.040]  ounce, silver, $16.45 an ounce, copper, $2.75 an ounce, oil, Texas crude, $55.63 a barrel,
[01:00:21.040 --> 01:00:28.160]  Brent crude, $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core, $10,566.52,
[01:00:28.160 --> 01:00:40.800]  Ethereum, $227.26, XRP, Ripple, $0.33, Litecoin, $100.31, and Bitcoin Cash is at $324.10 a
[01:00:40.800 --> 01:00:46.320]  crypto coin.
[01:00:46.320 --> 01:00:52.520]  Today in history, the year 1916, the Preparedness Day bombing, a tying suitcase bomb, was detonated
[01:00:52.520 --> 01:00:57.840]  on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[01:00:57.840 --> 01:00:59.840]  10 and injuring 40.
[01:00:59.840 --> 01:01:04.880]  Today in history.
[01:01:04.880 --> 01:01:09.520]  And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hemp and
[01:01:09.520 --> 01:01:14.240]  the Texas law back in June, county prosecutors around the state, including Houston, Austin,
[01:01:14.240 --> 01:01:18.160]  and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:01:18.160 --> 01:01:22.360]  new ones, since they are stipulating that they do not have the time or the laboratory
[01:01:22.360 --> 01:01:24.840]  equipment to test the year for THC.
[01:01:24.840 --> 01:01:28.520]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:01:28.520 --> 01:01:33.240]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:01:33.240 --> 01:01:34.240]  law.
[01:01:34.240 --> 01:01:37.680]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:01:37.680 --> 01:01:42.200]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:01:42.200 --> 01:01:48.360]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:01:48.360 --> 01:01:54.600]  well as other cities, too, like the district attorney in El Paso, Cayma Esparza, a Democrat
[01:01:54.600 --> 01:01:59.080]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:01:59.080 --> 01:02:01.840]  prosecution of marijuana cases in El Paso.
[01:02:01.840 --> 01:02:06.840]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[01:02:06.840 --> 01:02:10.840]  in Harris County, who stated that, quote, the law is constantly changing on what makes
[01:02:10.840 --> 01:02:13.560]  something illegal based on its chemical makeup.
[01:02:13.560 --> 01:02:17.480]  It's important that if someone is charged with something, the test matches what they're
[01:02:17.480 --> 01:02:22.680]  charged with.
[01:02:22.680 --> 01:02:28.200]  A paper by Tulane University identified a five-and-a-half-inch American pocket shark as the first of its
[01:02:28.200 --> 01:02:33.680]  kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured
[01:02:33.680 --> 01:02:39.560]  or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:39.560 --> 01:02:43.880]  According to the university paper, the shark secretes a luminous fluid from a gland near
[01:02:43.880 --> 01:02:50.160]  its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[01:02:50.160 --> 01:03:06.820]  glow.
[01:03:06.820 --> 01:03:19.820]  I read his book and it says he cares for us over the other side of the earth.
[01:03:19.820 --> 01:03:27.820]  These warm unders come by that term right there.
[01:03:27.820 --> 01:03:31.820]  I won't pay for the war with my body.
[01:03:31.820 --> 01:03:39.820]  I won't pay for the car with my money. I won't pay for the fun with my body.
[01:03:39.820 --> 01:03:46.820]  Okay, we are back. Randy Kelton. No, Brett Thompson is not here today, so it's just Randy Kelton.
[01:03:46.820 --> 01:03:54.820]  Rue Law Radio. And we're going to Frank in Missouri these days.
[01:03:54.820 --> 01:03:58.820]  He used to be in Illinois, but I think he ran him out.
[01:03:58.820 --> 01:04:02.820]  Hello, Frank. What do you have for us today?
[01:04:02.820 --> 01:04:15.820]  Hey, Randy. So last night, right at the end of the show, you had mentioned that the states can pass laws related to traffic and vehicles to ensure the safety of the citizens.
[01:04:15.820 --> 01:04:21.820]  And I wanted you to elaborate on that. I had never heard that before, but the show had ended.
[01:04:21.820 --> 01:04:28.820]  I also wanted to see if you have any update on the laws that are going after the governor's for the foreclosure defense.
[01:04:28.820 --> 01:04:32.820]  Okay, good questions. First question.
[01:04:32.820 --> 01:04:39.820]  The case law I've actually seen on that is out of Tennessee.
[01:04:39.820 --> 01:04:46.820]  And what the courts said is that, and these are the federal courts that said this about the state,
[01:04:46.820 --> 01:04:54.820]  is that the states have an inherent duty to protect the lives and the safety of the public.
[01:04:54.820 --> 01:05:04.820]  And in order to do that with the advent of automobiles and trucks that they were creating a hazard.
[01:05:04.820 --> 01:05:25.820]  So in order to ensure the competence of the driver and knowledge of the rules of road, the states could require every person who uses the public thoroughfares to
[01:05:25.820 --> 01:05:39.820]  operate any kind of motorized conveyance to get a license for the restricted purpose of demonstrating knowledge of the codes and mastery of the vehicle.
[01:05:39.820 --> 01:05:43.820]  It's like getting a gun license.
[01:05:43.820 --> 01:05:56.820]  A gun license is not a license, but it's not exactly commercial in its application. It's just to show competence and knowledge.
[01:05:56.820 --> 01:06:01.820]  So the state said they could require a license for that purpose.
[01:06:01.820 --> 01:06:15.820]  So just because you have a commercial driver's license does not constitute probable cause to believe that you are operating in commerce.
[01:06:15.820 --> 01:06:28.820]  Now, you are technically you're not required to have license if you're not operating in commerce.
[01:06:28.820 --> 01:06:39.820]  A lot of farm vehicles, if you've got a trailer that's only used on your farm or is used in farming to go from say one field to another.
[01:06:39.820 --> 01:06:46.820]  I'm not sure all states are this way up, but I know Tennessee where I used to live and Texas where I do live.
[01:06:46.820 --> 01:06:53.820]  You don't have to plate those vehicles because they're not used in commerce. They're used in your private business.
[01:06:53.820 --> 01:06:58.820]  So you're why you're not required to have those plates.
[01:06:58.820 --> 01:07:04.820]  If you don't have those plates, you'll be subjected to undue scrutiny.
[01:07:04.820 --> 01:07:12.820]  So most people in order to avoid being pulled over every time they turn around, purchase the plates anyway.
[01:07:12.820 --> 01:07:23.820]  And if you have a commercial license plate on your vehicle and you don't have a notice that the vehicle is not used in commerce,
[01:07:23.820 --> 01:07:32.820]  then the presence of that commercial license would give a reasonable person of ordinary prudence reason to believe
[01:07:32.820 --> 01:07:49.820]  that this particular piece of equipment was intended to be capable of operating in commerce on the thoroughfares.
[01:07:49.820 --> 01:07:59.820]  So give them the prima facie argument or probable cause for the stop and that's it.
[01:07:59.820 --> 01:08:12.820]  Only for the stop. Once the stop is made, because while you could be using it in commerce, you could also be using it for private transportation.
[01:08:12.820 --> 01:08:30.820]  Now, so I was going through the book by Mark Stevens, Adventures in Legal Land, and I can't find it in front of me, but he was talking about the federal court ruling to show that
[01:08:30.820 --> 01:08:45.820]  where they said the state has no, or the police have no duty to protect, or the state has no duty, that it's just a mutual relationship or an agreement where it's one-sided.
[01:08:45.820 --> 01:08:50.820]  I can't articulate it right now. I've had a long day, but I'm sure you know what I'm alluding to.
[01:08:50.820 --> 01:08:58.820]  Yes, I know what you're talking about. The state has no duty to protect you, but it does have an inherent interest.
[01:08:58.820 --> 01:09:05.820]  And it can, just because it doesn't have a duty doesn't mean that it's restricted from doing something.
[01:09:05.820 --> 01:09:19.820]  So they can pass laws requiring you to take a test and get a license just to see if you're competent to aim the mechanism down the road.
[01:09:19.820 --> 01:09:36.820]  Exactly. But that's the limit of it. But what the states did was they required that, and then they tried to use that as probable cause to believe that you were necessarily operating in commerce.
[01:09:36.820 --> 01:09:56.820]  And my argument, my issue is that absent an assertion of the elements of commerce, a complaint is insufficient to invoke the subject matter jurisdiction of the court.
[01:09:56.820 --> 01:10:01.820]  That's the way to handle it, rather than argue right to travel.
[01:10:01.820 --> 01:10:17.820]  To go back to the other caller's issue about recording, I had one of my attorneys look at Austin v. Glick for that, and he said it had nothing to do with recording, but I thought that was controlling law.
[01:10:17.820 --> 01:10:20.820]  Okay, Glick. Glick was out of New Jersey.
[01:10:20.820 --> 01:10:22.820]  Okay.
[01:10:22.820 --> 01:10:34.820]  Glick was a lawyer. He's walking down the street and he sees these officers arrested a guy and they're beating the crap out of him. So he took out his cell phone and he started photographing him.
[01:10:34.820 --> 01:10:39.820]  And the policeman come over and told him to stop and he told him to get lost. So they arrested him.
[01:10:39.820 --> 01:10:49.820]  They had a statute in New Jersey making it a crime to record peace officers.
[01:10:49.820 --> 01:10:55.820]  And he challenged that. And what?
[01:10:55.820 --> 01:11:00.820]  That was Glick. Okay, go ahead.
[01:11:00.820 --> 01:11:07.820]  Correct me if I'm wrong. Statutes are not law. They're just evidence that the law exists somewhere, correct?
[01:11:07.820 --> 01:11:10.820]  Okay, now you're talking about Ralph Winner-Rood.
[01:11:10.820 --> 01:11:16.820]  Ralph Winner-Rood says that statutes are not law and technically that's correct.
[01:11:16.820 --> 01:11:23.820]  Statutes are a codification of the public laws.
[01:11:23.820 --> 01:11:29.820]  Laws are passed into the public laws and maintained in the public ledger.
[01:11:29.820 --> 01:11:34.820]  For the Fed, they're maintained in the national register.
[01:11:34.820 --> 01:11:42.820]  But when a law is passed, it's put into the register on the date it's passed.
[01:11:42.820 --> 01:11:46.820]  It's not in any way organized.
[01:11:46.820 --> 01:11:52.820]  So you go through the national register, it's got like 65,000 pages.
[01:11:52.820 --> 01:11:55.820]  So how could you find all the penal code?
[01:11:55.820 --> 01:11:57.820]  The way they could find the law.
[01:11:57.820 --> 01:12:00.820]  You know, in Missouri you've got a law that you can't come outside if you're ugly.
[01:12:00.820 --> 01:12:03.820]  So I'm wondering how you're ever going to get down here.
[01:12:03.820 --> 01:12:08.820]  That is a problem. Does it mention that note?
[01:12:08.820 --> 01:12:09.820]  No.
[01:12:09.820 --> 01:12:14.820]  Okay, so I would probably have to be all three.
[01:12:14.820 --> 01:12:23.820]  But in any case, the code is merely a representation of the public law.
[01:12:23.820 --> 01:12:33.820]  To the degree that the language of the code as published in the statute accurately reflects
[01:12:33.820 --> 01:12:42.820]  the intent of the legislature in passing the public law, then the code does apply.
[01:12:42.820 --> 01:12:52.820]  The only time the code doesn't apply is if the editor in converting the law into a codified code
[01:12:52.820 --> 01:12:59.820]  altered the code in a way that was substantive and changed the meaning or intent of the law.
[01:12:59.820 --> 01:13:03.820]  Based on your research, how often do you see that happening?
[01:13:03.820 --> 01:13:05.820]  Very rarely.
[01:13:05.820 --> 01:13:08.820]  On rare occasions, yes.
[01:13:08.820 --> 01:13:18.820]  My question is not so much that the federal, the lawsuit against the governors on the foreclosure issue
[01:13:18.820 --> 01:13:20.820]  really got my attention yesterday.
[01:13:20.820 --> 01:13:25.820]  But I came into the show late, so I didn't know if you want to, you know, talk about that more.
[01:13:25.820 --> 01:13:29.820]  Yes, yes. This is my position.
[01:13:29.820 --> 01:13:38.820]  While the legislature has the power to grant extra power and authority to a public official in a crisis,
[01:13:38.820 --> 01:13:44.820]  a legislature has no power to grant an authority it does not have.
[01:13:44.820 --> 01:13:55.820]  And a legislature does not have the authority to violate the state constitution or federal constitution.
[01:13:55.820 --> 01:14:03.820]  And since they don't have that power, they have no power to grant that power to someone else.
[01:14:03.820 --> 01:14:10.820]  So when the legislature purported to grant these powers to the governor,
[01:14:10.820 --> 01:14:22.820]  the grant of power was void to the degree that it had the effect of violating a constitutional restriction.
[01:14:22.820 --> 01:14:29.820]  Randy, I haven't been following it that closely.
[01:14:29.820 --> 01:14:42.820]  But to my knowledge, I don't see the legislature granting any power to the governors that just seem to be like a decree from the governors.
[01:14:42.820 --> 01:15:03.820]  Well, there in every state has generally in their government code, they've granted authority to the governor and county commissioners court judges to take extraordinary action in emergencies.
[01:15:03.820 --> 01:15:17.820]  But these governors and commissioners court judges have taken that power and expanded it beyond what the legislature had the power to grant them.
[01:15:17.820 --> 01:15:22.820]  So whether a grant has been made or not is irrelevant.
[01:15:22.820 --> 01:15:24.820]  If one has, we've covered that issue.
[01:15:24.820 --> 01:15:35.820]  If one has not, it's the same situation where a public official has exerted or purported to exert an authority he does not expressly have.
[01:15:35.820 --> 01:15:40.820]  And in the process denied a citizen full free access tour or enjoyment right.
[01:15:40.820 --> 01:15:48.820]  If you've been listening to the show very long, you know what statute that goes to 1983.
[01:15:48.820 --> 01:15:51.820]  No, that's 18 US.
[01:15:51.820 --> 01:15:59.820]  That's the second half 1983 is the second half of the Ku Klux Klan Act 42 US code 1983.
[01:15:59.820 --> 01:16:05.820]  The first half of the Ku Klux Klan Act is 18 US code to 42.
[01:16:05.820 --> 01:16:20.820]  Let me put it this way, it has been codified into a code of statutes and that public law, the Ku Klux Klan Act is represented in the code as 18 US code.
[01:16:20.820 --> 01:16:26.820]  242 actually 241 to 246 I believe.
[01:16:26.820 --> 01:16:29.820]  But the main one we look at is 242.
[01:16:29.820 --> 01:16:41.820]  And in the case of a violent criminal violation of one of these statutes, 42 US code 1983 is the second half.
[01:16:41.820 --> 01:16:49.820]  It grants you the right to sue the official who perpetrated the violation.
[01:16:49.820 --> 01:16:53.820]  I got one more quick question on the other side of the break, Randy.
[01:16:53.820 --> 01:16:59.820]  Okay, hang on, we'll be right back.
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[01:19:29.620 --> 01:19:37.940]  Today we are back. Randy Kelton, rule of law radio on this Friday the 28th day of August
[01:19:37.940 --> 01:19:48.420]  2020, and we're talking to Frank in Missouri now. I keep mixing you up. But then Frank's
[01:19:48.420 --> 01:19:51.980]  mixed up anyway. Okay. Back to the governor.
[01:19:51.980 --> 01:20:01.060]  My other question is, we have a bunch of people that have existing cases where they're naming
[01:20:01.060 --> 01:20:09.700]  the banks or the servicers in a typical foreclosure defense, a run of the mill template foreclosure
[01:20:09.700 --> 01:20:16.020]  defense case. Can we add the governors in now? Can we amend those complaints or should
[01:20:16.020 --> 01:20:21.660]  it be a separate complaint only going after the governor for the cause? Or can we do all
[01:20:21.660 --> 01:20:27.780]  these other, like you said, the rule of the horse jumpings, right? Like there's a premise
[01:20:27.780 --> 01:20:31.460]  in law for everything that kitchen sink at them, right? That's what they teach at law
[01:20:31.460 --> 01:20:37.580]  school. So I'm just curious if we should do all these other causes of actions we normally
[01:20:37.580 --> 01:20:44.020]  have like a standing blah, blah, blah. And in addition to that, put this on top or should
[01:20:44.020 --> 01:20:52.780]  it be a separate action by itself? You can, you generally get one of free
[01:20:52.780 --> 01:21:01.620]  amended suit without asking the court. But in this case, you were you're suing the lender
[01:21:01.620 --> 01:21:08.340]  to stop foreclosure and you're obviously doing everything you can to be able to bring your
[01:21:08.340 --> 01:21:14.460]  property up to date. And the governor comes in and ruins your ability to get that done.
[01:21:14.460 --> 01:21:24.340]  Now, he doesn't have to be totally responsible for your issues. He can merely be approximately,
[01:21:24.340 --> 01:21:31.340]  his actions can be approximate cause to your foreclosure. And you can bring him in, sue
[01:21:31.340 --> 01:21:37.060]  him. So yeah, you can file an amended complaint. And what I'm suggesting people do with this
[01:21:37.060 --> 01:21:45.080]  complaint is if we do this artfully, we may give the governor a good reason to settle with
[01:21:45.080 --> 01:21:50.700]  us. So I go to the governor and I say, I am behind
[01:21:50.700 --> 01:21:58.300]  on my mortgage and approximate cause of me being behind on the mortgage is your unconstitutional
[01:21:58.300 --> 01:22:06.340]  orders, which exceeded your statutory constitutional authority and created a constitutional tort
[01:22:06.340 --> 01:22:18.020]  against me for which I have authority to sue you under 42 US code 1983. And my property,
[01:22:18.020 --> 01:22:27.540]  let's say it's worth 300 fair market value is 350,000. Well, since your action was criminal
[01:22:27.540 --> 01:22:33.420]  and outside the scope of your authority, on the one hand, you have no immunity from civil
[01:22:33.420 --> 01:22:42.900]  litigation. And on the other, since you acted out of scope criminally, then your harm to
[01:22:42.900 --> 01:22:53.340]  me is is intentional. And therefore I have arrived to pecuniary damages triple.
[01:22:53.340 --> 01:23:01.980]  So I sued the governor for $1,050,000. Now we got a nice big suit up there. And then
[01:23:01.980 --> 01:23:10.420]  we start the suit per se. Lawyers, they go into court dangling by their bar cards. But
[01:23:10.420 --> 01:23:17.380]  you're not a lawyer. You don't care if the judge is mad at you. When you go into court,
[01:23:17.380 --> 01:23:22.540]  you have to assume that the judge is going to rule against you out of hand at every turn.
[01:23:22.540 --> 01:23:28.820]  Okay, maybe he won't. At once while he might actually throw you a bone. Well, that's nice,
[01:23:28.820 --> 01:23:33.940]  but you can't expect that. When you go into court, you have to expect the courts going
[01:23:33.940 --> 01:23:40.340]  to rule against you no matter what. And that's not necessarily a problem. Unless you don't
[01:23:40.340 --> 01:23:47.780]  understand how it really works. Your only purpose in the trial court is to set the record
[01:23:47.780 --> 01:23:57.420]  for appeal. And one of the biggest problems with an appeal is they are very costly on
[01:23:57.420 --> 01:24:04.500]  the one hand and a crap shoot on the other. A shameless plug for fraud stoppers. We're
[01:24:04.500 --> 01:24:11.460]  doing full appeals for around 2020. Wait a minute. Wait a minute. You're doing shameless
[01:24:11.460 --> 01:24:20.260]  self-promotion on our show. Yes, but we're also going to work becoming a sponsor. Continue.
[01:24:20.260 --> 01:24:25.100]  We promote shameless self-promotion. So if you want to know anything about fraud stoppers
[01:24:25.100 --> 01:24:35.780]  just send me an email and I will. Any question you have, I'll afford it to Frank. Okay, so
[01:24:35.780 --> 01:24:44.660]  you're up to begin. Hold on. I'm trying to craft a legal argument. More than a legal
[01:24:44.660 --> 01:24:51.460]  argument, a political position. You start out with you whenever when you case, simply
[01:24:51.460 --> 01:24:57.580]  because you have the law and the facts on your side to think so is naive. It has, it's
[01:24:57.580 --> 01:25:04.460]  not that way now and it has never been that way as long as we've had human beings as judges.
[01:25:04.460 --> 01:25:12.340]  I don't know if God created man, but if he did, he created us horribly flawed. So quit
[01:25:12.340 --> 01:25:20.700]  complaining about it. Deal with it. If God created us flawed, he did it on purpose. He
[01:25:20.700 --> 01:25:25.460]  didn't want life to be too easy. Wanted to be work. He wanted us to grow and expand.
[01:25:25.460 --> 01:25:31.700]  So let's let's accept the fact that humans are flawed and humans are swayed by things
[01:25:31.700 --> 01:25:40.700]  other than the technical rule of law. And that goes to my rule that everything's political.
[01:25:40.700 --> 01:25:46.260]  The law is what you use to guide you through the cases, but always remember everything's
[01:25:46.260 --> 01:25:51.060]  political. You'll never win your case simply because you have the law and the facts on
[01:25:51.060 --> 01:25:57.140]  your side. You'll win the case if you have the politics on your side and all politics
[01:25:57.140 --> 01:26:06.540]  is local. So how do we create a political circumstance where the government, governor
[01:26:06.540 --> 01:26:15.820]  can get the state to indemnify him and give us a chunk of change and it be beneficial
[01:26:15.820 --> 01:26:16.820]  to the governor?
[01:26:16.820 --> 01:26:20.260]  How can we do that when we're suing them in their personal capacity?
[01:26:20.260 --> 01:26:26.220]  Oh, they can do that. They always do that. We sue them in their personal capacity, but
[01:26:26.220 --> 01:26:31.460]  the state will always indemnify them. But we're not here to argue that issue. This is
[01:26:31.460 --> 01:26:36.980]  not about rule of law, it's about the politics. The governor is not going to be able to get
[01:26:36.980 --> 01:26:46.860]  the legislature to ante up the money to pay all these voters that he just put out on the
[01:26:46.860 --> 01:26:56.780]  street. He has done what he most certainly believed was the right thing to do in a bad
[01:26:56.780 --> 01:27:05.860]  situation. Okay, but when you do the wrong thing for the right reasons, there are consequences.
[01:27:05.860 --> 01:27:13.300]  So we visit consequences on them. We tell them we want a million five, million fifty.
[01:27:13.300 --> 01:27:21.020]  So then we beat them up a little bit and then we hire a lawyer and we ask the court to order
[01:27:21.020 --> 01:27:27.380]  mediation and hire a lawyer to represent that mediation, only to represent the mediation
[01:27:27.380 --> 01:27:34.180]  and offer him say 10% of what you can get us in mediation. They're never going to negotiate
[01:27:34.180 --> 01:27:40.380]  with you as a pro se. You beat them up and then drag in the lawyer to pull the dirty
[01:27:40.380 --> 01:27:48.820]  rotten pro se off the poor mistreated government lawyers and then tell them, hey, why don't
[01:27:48.820 --> 01:27:57.700]  you? You cost me not to be able to service my mortgage. If you'll just pay me half of
[01:27:57.700 --> 01:28:03.420]  what it will cost you in legal fees, let's say you settle for 50 grand, I'll drop this
[01:28:03.420 --> 01:28:12.540]  lawsuit. Or even if you're a renter, your claims are not so high, so you sue them for
[01:28:12.540 --> 01:28:23.220]  50,000, 60,000 and then say, you know, I'm four months behind on my rent because of you
[01:28:23.220 --> 01:28:32.700]  and you've caused me other hardships. So my back rent is about say $2,000, $3,000. And
[01:28:32.700 --> 01:28:42.380]  if you will agree to $6,000 settlement, I'll drop this thing. So the renter, the governor
[01:28:42.380 --> 01:28:44.980]  is able to bail out the renter.
[01:28:44.980 --> 01:28:47.900]  And the money's coming from the state?
[01:28:47.900 --> 01:28:53.620]  It's coming from the state, but he doesn't have to go through the legislature and get
[01:28:53.620 --> 01:29:00.460]  the legislature to pony up that money because they're not doing it. So he could come back
[01:29:00.460 --> 01:29:06.060]  and bail out the renter without having to have legislative approval.
[01:29:06.060 --> 01:29:14.420]  Well, Randy, let me ask you this. I had the idea to have Nathan, one of the paralegals,
[01:29:14.420 --> 01:29:19.660]  draft a template complaint. Let's roll it out and as we get to the demurrers and the
[01:29:19.660 --> 01:29:23.860]  motion to dismiss, I was wondering if we can send that to your way and that might help
[01:29:23.860 --> 01:29:28.100]  you formulate it on your end because of the estimate, you know.
[01:29:28.100 --> 01:29:31.820]  I saw that complaint and I'm not yet happy with it.
[01:29:31.820 --> 01:29:36.780]  That's for the mask, but I sent that to you to edit it and fix it.
[01:29:36.780 --> 01:29:46.820]  Okay. Well, while you can do shameless self-promotion on this side, you can't get me in the middle
[01:29:46.820 --> 01:29:53.340]  of it. Hang on, we're about to go to our sponsors. Randy Kelton, you gotta stop talking
[01:29:53.340 --> 01:29:59.340]  when I'm doing the outro for him. Hang on, we'll be right back.
[01:29:59.340 --> 01:30:00.340]  I'm spoke.
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[01:30:12.020 --> 01:30:17.420]  it all, Brett, and I'll be back in a moment with a scoop on supposedly skinny sodas.
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[01:30:46.460 --> 01:30:52.020]  Artificial sweeteners cut the calories and help you lose weight, right? Wrong. Researchers
[01:30:52.020 --> 01:30:56.500]  at UT San Antonio followed hundreds of diet soda drinkers for nearly a decade. They found
[01:30:56.500 --> 01:31:01.540]  that regularly drinking diet soda expanded people's waistlines five times more than no
[01:31:01.540 --> 01:31:06.700]  soda at all. The study's authors say artificial sweeteners trigger the appetite, but unlike
[01:31:06.700 --> 01:31:11.860]  regular sugars don't deliver anything to squelch it. Waking up hunger without satisfying it
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[01:31:17.580 --> 01:31:21.620]  to maintain a healthy weight, and if you need to shed some pounds, avoid the sweet stuff
[01:31:21.620 --> 01:31:27.100]  altogether and drink water instead. I'm Dr. Catherine Albrecht, more news and information
[01:31:27.100 --> 01:31:30.700]  at CatherineAlbrecht.com.
[01:31:30.700 --> 01:31:36.060]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.060 --> 01:31:41.500]  The government says that fire brought it down. However, 1,500 architects and engineers concluded
[01:31:41.500 --> 01:31:45.420]  it was a controlled demolition. Over 6,000 of my fellow service members have given their
[01:31:45.420 --> 01:31:50.180]  lives. Thousands of my fellow force responders are dying. I'm not a conspiracy theorist. I'm
[01:31:50.180 --> 01:31:53.500]  a structural engineer. I'm a New York City correctional. I'm an Air Force pilot. I'm
[01:31:53.500 --> 01:31:59.980]  a father who lost his son. We're Americans, and we deserve the truth. Go to RememberBuilding7.org
[01:31:59.980 --> 01:32:00.980]  today.
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[01:33:03.020 --> 01:33:10.020]  Looking for some truth? You found it, LogosRadioNetwork.com.
[01:33:33.020 --> 01:33:59.020]  Okay, we are back. Randy Kelton, Rule of Law Radio on this Friday, the 28th day of August,
[01:33:59.020 --> 01:34:08.300]  2020. And we're talking to Frank in Missouri. And if I get you on muted there, you go, Frank.
[01:34:08.300 --> 01:34:17.540]  Okay, Frank, we hold on. All right, hold on. We allow shameless self-promotion. But I will
[01:34:17.540 --> 01:34:24.700]  not endorse your product on this show because I don't have control over your product. So
[01:34:24.700 --> 01:34:32.540]  I don't mind you touting your product. No, it's fine. Well, Randy, I was just saying,
[01:34:32.540 --> 01:34:40.420]  do you think we should put out a first one draft of a complaint against the governors
[01:34:40.420 --> 01:34:46.460]  now? And as we start getting their timers and motion to dismiss, we can start cleaning
[01:34:46.460 --> 01:34:50.740]  it up on the back end. Oh, absolutely. Yeah, absolutely. I don't have
[01:34:50.740 --> 01:34:55.620]  a perfect product to be out. It's the question. Yeah. As soon as we get something out there
[01:34:55.620 --> 01:35:02.460]  to better, as soon as you do, I'm building something for that purpose in the technology
[01:35:02.460 --> 01:35:09.620]  that I developed, where instead of giving them a document to fill out, they build an
[01:35:09.620 --> 01:35:18.300]  interactive questionnaire to collect all the data, and then the tool will generate a document
[01:35:18.300 --> 01:35:23.780]  completely filled out so that we make sure we get all the correct information in the
[01:35:23.780 --> 01:35:30.420]  right place. I personally don't like filling the blank documents because for the most part
[01:35:30.420 --> 01:35:37.540]  people who are not knowledgeable in law don't always know how to fill in those blanks. Oh,
[01:35:37.540 --> 01:35:44.620]  it seems perfectly clear to us, but we know too much about it to be able to make that
[01:35:44.620 --> 01:35:50.900]  determination. And always when we do fill in the blank documents, we always get bad
[01:35:50.900 --> 01:35:56.020]  information. So I'm developing a little bit different technology, but yes, to answer your
[01:35:56.020 --> 01:36:02.860]  question, yes, sooner the better. Well, how are you on your timeline to get this complaint
[01:36:02.860 --> 01:36:07.500]  against the governors up and running? I really was interested in that, and I think a lot
[01:36:07.500 --> 01:36:12.420]  of people will be. Yeah, I'm hoping to have at least a skeleton
[01:36:12.420 --> 01:36:18.540]  project up there in two weeks. Good. Okay. Well, you've answered all my questions. I'll
[01:36:18.540 --> 01:36:23.180]  let you get to some other callers. I appreciate your time and your service. Okay, we don't
[01:36:23.180 --> 01:36:30.900]  have any other callers. So since we don't have any other callers, there are issues that
[01:36:30.900 --> 01:36:38.060]  I have wanted to address and needed to address for quite a while. We've been doing the show
[01:36:38.060 --> 01:36:47.860]  for a long time, and primarily our show is about basic law and due process. And I have
[01:36:47.860 --> 01:36:58.980]  some very in-depth treatments of due process that I need to go over on occasion to bring
[01:36:58.980 --> 01:37:06.420]  everybody back up to speed. Yesterday we were talking about, we had two guys who were going
[01:37:06.420 --> 01:37:14.300]  after these, the courts and local jurisdictions pretty heavy. We had David in Texas and Robert
[01:37:14.300 --> 01:37:22.740]  in California. And for those of you who haven't been listening a long time, it may not be
[01:37:22.740 --> 01:37:34.620]  clear just what was going on there. I have a e-book that we sell on, you know, to support
[01:37:34.620 --> 01:37:45.700]  the network. It's Legal 101. This is a compilation of the stuff that we have learned over the
[01:37:45.700 --> 01:37:55.180]  years of helping people in research and law. And we've tried to take the law the way it
[01:37:55.180 --> 01:38:01.820]  is, the legal system the way it is, and break it down into a set of rules that will help
[01:38:01.820 --> 01:38:11.260]  people navigate through the system. It doesn't work the way you were led to believe in high
[01:38:11.260 --> 01:38:21.780]  school. It doesn't work the way it appears on Perry Mason. Now you hear me speaking to
[01:38:21.780 --> 01:38:30.020]  these different rules that we have. One of the rules is you'll never win your case simply
[01:38:30.020 --> 01:38:36.420]  because you have the law and the facts on your side. To think so is naive. And I just
[01:38:36.420 --> 01:38:43.300]  spoke to this earlier. The reason I go there is there is a chance you may actually get
[01:38:43.300 --> 01:38:54.500]  an honest judge and he may actually rule based on the facts and the law. But you can't expect
[01:38:54.500 --> 01:39:02.620]  that. If you're going to take on this system, you have to expect that they will do everything
[01:39:02.620 --> 01:39:10.740]  wrong. If they don't do everything wrong, you'll get some pleasant surprises. If they
[01:39:10.740 --> 01:39:18.220]  do do everything wrong, you won't be surprised. So this is to protect you. The worst thing
[01:39:18.220 --> 01:39:24.220]  we deal with, and if you listen to the show much, you will hear this in the voices of
[01:39:24.220 --> 01:39:34.340]  people who call in, who have been railroaded by the system. The worst thing is betrayal.
[01:39:34.340 --> 01:39:40.140]  Those of us who were born and raised in this country, who went to the local school systems
[01:39:40.140 --> 01:39:48.620]  in this country, were led to believe that the laws on our side, the law would protect
[01:39:48.620 --> 01:39:57.060]  us, that we could trust our public officials to act in our best interest. Well, good luck
[01:39:57.060 --> 01:40:06.260]  with that. That might work if this were a perfect world. But if this were a perfect
[01:40:06.260 --> 01:40:13.500]  world, to quote Yogi Berra, it wouldn't be. What I'd usually say is if this were a perfect
[01:40:13.500 --> 01:40:23.380]  world, I'm relatively certain I would not be in it. And I seriously suspect you wouldn't
[01:40:23.380 --> 01:40:30.340]  either. I think it is the intent that the world not be perfect. I know the American
[01:40:30.340 --> 01:40:38.820]  Indians have a primary belief that everything in existence was expressed into existence
[01:40:38.820 --> 01:40:51.500]  by a higher spiritual will. And the Indians' only purpose in existence is to make spiritually
[01:40:51.500 --> 01:40:59.420]  powerful decisions, is to grow in the spirit. I'm sorry, I got that out of place. The only
[01:40:59.420 --> 01:41:05.260]  purpose is to grow in the spirit. And the only way to grow in the spirit is by making
[01:41:05.260 --> 01:41:12.580]  spiritually powerful decisions. And the only decisions that have power in them are the
[01:41:12.580 --> 01:41:22.860]  difficult ones. So don't ask for things to get easier. Ask for you to get better. And
[01:41:22.860 --> 01:41:31.820]  that's what this program is about. We try to cut through all of the BS and propaganda
[01:41:31.820 --> 01:41:41.420]  that you hear. And we try to avoid casting blame on anyone. Yeah, there may be some blame
[01:41:41.420 --> 01:41:51.820]  to pass around. It may actually even be appropriate, but it's not useful. I'm an engineer and
[01:41:51.820 --> 01:42:01.820]  only seldom do I complain about Mother Nature's laws. But generally, I know and understand
[01:42:01.820 --> 01:42:10.940]  that Mother Nature has all these laws. First law, Mother Nature enforces all of her laws
[01:42:10.940 --> 01:42:21.220]  all of the time. So if I am to function effectively, I have to figure out what those laws are.
[01:42:21.220 --> 01:42:25.700]  And then follow those laws. It doesn't matter if I like them or not. It doesn't matter
[01:42:25.700 --> 01:42:33.060]  if I agree with them or not. It doesn't even matter if they're fair or not. At the end
[01:42:33.060 --> 01:42:41.020]  of the day, things are the way they are. My first day in college on electronic, first
[01:42:41.020 --> 01:42:46.380]  course, electronic theory, the professor, they get all of our tuition, get us set down
[01:42:46.380 --> 01:42:52.300]  in the classroom. Professor walks out and he looks across at the class and he says,
[01:42:52.300 --> 01:43:00.300]  electricity, we don't know what it is. And he definitely got our attention. So we're
[01:43:00.300 --> 01:43:05.940]  all wondering what the heck we're doing here. It goes on to say, but we do know some things
[01:43:05.940 --> 01:43:12.540]  that it does. And based on our experience, we have developed certain theorems, axioms
[01:43:12.540 --> 01:43:17.700]  or postulates to describe what it does. But all through your electronics career, never
[01:43:17.700 --> 01:43:23.500]  forget, we don't know what it is. So if you encounter a phenomena that doesn't match one
[01:43:23.500 --> 01:43:31.260]  of our theorems, axioms or postulates, quick click a bunny rabbit, throw out our theorems,
[01:43:31.260 --> 01:43:42.500]  axioms or postulates, never throw out phenomena. In all my college career, that was probably
[01:43:42.500 --> 01:43:49.500]  the most valuable five minutes I ever spent. Randy Kelton, rule of law radio, call it number
[01:43:49.500 --> 01:44:03.500]  512-646-1984, we'll be right back. Through advances in technology, our lives have greatly
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[01:46:24.820 --> 01:46:39.820]  Okay, we are back. Randy Kelkin, rule of law radio on this Friday, the 28th day of August,
[01:46:39.820 --> 01:46:49.380]  2020, and we're spending some time here talking about how things actually work in the real
[01:46:49.380 --> 01:46:57.220]  world we live in, without regard to what we think about how they should work. And some
[01:46:57.220 --> 01:47:03.740]  of these I've went over a number of times. Since I have another two hours or so, I'm
[01:47:03.740 --> 01:47:10.540]  going to try to go over a big piece of this. We start out with a set of common fallacies.
[01:47:10.540 --> 01:47:18.380]  The first fallacy that we address is Constitution. Most people believe that the Constitution grants
[01:47:18.380 --> 01:47:26.900]  you certain rights. That is not the case. Constitution grants you nothing. The Constitution
[01:47:26.900 --> 01:47:36.180]  is a restrictive document. The Constitution forbids public officials from interfering
[01:47:36.180 --> 01:47:46.500]  with certain specified rights. But those rights are, you are not limited to the rights
[01:47:46.500 --> 01:47:55.780]  specifically guaranteed by the Constitution. You have the right to do anything you want
[01:47:55.780 --> 01:48:06.500]  to. So long as this republic, the citizens of this republic, have not, through their
[01:48:06.500 --> 01:48:16.220]  legislature, agreed to restrict your rights in certain enumerated ways. So you can do
[01:48:16.220 --> 01:48:25.780]  anything you want to unless the law specifically forbids it. Unlike a public official. A public
[01:48:25.780 --> 01:48:35.020]  official may only do what the law specifically authorizes them to do. This is one of the
[01:48:35.020 --> 01:48:45.060]  most important concepts to understand. When you walk into a courthouse, I tell everybody
[01:48:45.060 --> 01:48:51.700]  you're in a baddest motor scooter in the building. And there's only one reason you're the baddest
[01:48:51.700 --> 01:48:56.860]  motor scooter in the building. It's because you live in a republic, not a democracy. In
[01:48:56.860 --> 01:49:02.460]  a democracy, all power flows from the people. If the people want your property, they can
[01:49:02.460 --> 01:49:07.980]  take your property. If the people want your life, they can take your life. But this is
[01:49:07.980 --> 01:49:15.020]  not a democracy. This is a republic. It is a democratic republic. But it's a republic
[01:49:15.020 --> 01:49:24.220]  first. And in a republic, all rights flow from the individual. The individual has the
[01:49:24.220 --> 01:49:34.900]  right to do anything they want unless some law restricts it. When you walk into the courthouse,
[01:49:34.900 --> 01:49:45.300]  the judge, the prosecutor, the bailiff, the clerk, they're all public servants. They're
[01:49:45.300 --> 01:49:54.060]  the servants. You're the master. And you should never let them forget it. The problems were
[01:49:54.060 --> 01:50:01.180]  having with our court systems is not something we can blame on the prosecutors or the judges
[01:50:01.180 --> 01:50:08.500]  or the police. We need to lay that blame where it belongs. It belongs at the foot of the
[01:50:08.500 --> 01:50:17.900]  master. We ask our police and our courts to protect us from the bad guys. We ask our police
[01:50:17.900 --> 01:50:26.700]  and courts to protect us from our own distraction. To keep us from doing things that will get
[01:50:26.700 --> 01:50:33.180]  us killed. I lived in the country on some, and I traveled a set of back roads to get
[01:50:33.180 --> 01:50:38.580]  to work. And there was this one stop sign right in the middle of nowhere. I would always
[01:50:38.580 --> 01:50:44.100]  pass there about three o'clock in the morning. There's no traffic anywhere. But I had to
[01:50:44.100 --> 01:50:50.060]  stop at this stupid stop sign because it just as sure as I ran through it, there would
[01:50:50.060 --> 01:50:57.100]  be some jackbooted sheriff's deputy over there just waiting to write me a ticket. I pulled
[01:50:57.100 --> 01:51:01.660]  up to the stop sign. I looked to my left. I didn't see anything. I looked to my right.
[01:51:01.660 --> 01:51:07.780]  I didn't see anything. I started to pull out and this huge rock truck blasted past me.
[01:51:07.780 --> 01:51:15.500]  So close my car shook from the wind. I could not believe it. I got out of the vehicle,
[01:51:15.500 --> 01:51:24.060]  walked out into the road and looked down the road at this one lane black top road. Appeared
[01:51:24.060 --> 01:51:31.180]  to go straight when I was sitting in the car. But when I got out, it turned just slightly.
[01:51:31.180 --> 01:51:37.380]  Just enough so the oncoming lane to my left was hidden by some brush and trees. I thought
[01:51:37.380 --> 01:51:43.660]  I was looking down the entire roadway, but I wasn't seeing half of it. That stop sign
[01:51:43.660 --> 01:51:50.460]  was there to keep me from getting killed. And had I not obeyed the stop line sign, I
[01:51:50.460 --> 01:51:56.860]  would have died that day. That's what we have our police for. Not just to go catch the bad
[01:51:56.860 --> 01:52:03.140]  guy, but to protect us from being careless and getting ourselves hurt or hurting somebody
[01:52:03.140 --> 01:52:11.660]  else. We ask our police in courts to do that for us and then we don't return the favor.
[01:52:11.660 --> 01:52:17.940]  I suggest to you that if one of your public officials steps half inch across the legal
[01:52:17.940 --> 01:52:25.180]  line that it is your duty to land on them like a ton of pricks. Don't wait until they
[01:52:25.180 --> 01:52:33.420]  get so far out on line that it ruins their career. They go to jail or they kill somebody.
[01:52:33.420 --> 01:52:40.660]  I think of my public officials like I do my grandchildren. I love them dearly. But if
[01:52:40.660 --> 01:52:46.620]  one of them runs out in the road, I'm fixing to tan his hide. We need to treat our public
[01:52:46.620 --> 01:52:54.580]  officials the same way. We need to remember who the master is as opposed to who the servant
[01:52:54.580 --> 01:53:02.340]  is. Okay, go to the next one. The system is fair. We want the system to be fair. We expect
[01:53:02.340 --> 01:53:10.780]  judges to be fair. Well, most people expect judges to be fair. I don't want my judges
[01:53:10.780 --> 01:53:17.500]  to be fair. I want my judges to determine the facts in accordance with the rules of
[01:53:17.500 --> 01:53:25.820]  evidence that apply the laws that comes to them to the facts in the case. Fairness, justice,
[01:53:25.820 --> 01:53:33.700]  that's the job of the legislature. It's their place to pass laws that lead to fair and just
[01:53:33.700 --> 01:53:41.220]  outcomes. The last thing I want is some judge sitting up there deciding what he thinks is
[01:53:41.220 --> 01:53:47.740]  fair or right or equitable. When he may have just had a fight with his wife because he
[01:53:47.740 --> 01:53:52.980]  came in drunk last night and a cop pulled him over because he was weaving all over the
[01:53:52.980 --> 01:54:02.420]  road and got chewed out by a cop and he's miserable. Then I come up there, my usual demanding
[01:54:02.420 --> 01:54:12.100]  and obnoxious self. He just might want to introduce a little justice to me. It's not
[01:54:12.100 --> 01:54:18.260]  his place to determine what's just and I don't want myself or anyone else subjected
[01:54:18.260 --> 01:54:27.220]  to the caprice of a judge after all he's a human being. I want that judge to determine
[01:54:27.220 --> 01:54:33.660]  the facts and apply the law to the facts and that's all. If you expect your system to
[01:54:33.660 --> 01:54:42.420]  be fair you will be horribly disappointed. If you expect your system to be absolutely
[01:54:42.420 --> 01:54:53.540]  unfair you will find that your system is peopled by human beings and human beings are basically
[01:54:53.540 --> 01:54:59.660]  good and fair-minded. They don't always live in the same space you do. They don't always
[01:54:59.660 --> 01:55:07.180]  have the same perspective that you do but for the most part they want to do things right
[01:55:07.180 --> 01:55:11.980]  and when they do things that you don't like rather than getting angry you might take a
[01:55:11.980 --> 01:55:20.860]  step back and look at what's going on from their perspective. I'm not saying agree with
[01:55:20.860 --> 01:55:27.940]  them. I'm saying try to see it from their perspective. It will tell you better how to
[01:55:27.940 --> 01:55:36.340]  conduct yourself to get to the outcomes that you believe are just. The system will never
[01:55:36.340 --> 01:55:43.860]  be fair on its own. It's our job to make sure it's fair by being fair ourselves. Next one
[01:55:43.860 --> 01:55:51.780]  is English is spoken in court. We do have laws that require that all documents in court
[01:55:51.780 --> 01:56:00.620]  be written in English. We now have requirements for interpreters but basically English is the
[01:56:00.620 --> 01:56:07.340]  language of law or at least it is purported to be the language of law but that's not the
[01:56:07.340 --> 01:56:15.460]  case. English is not spoken in court. And English dialect called legalese is spoken
[01:56:15.460 --> 01:56:24.060]  in court. We have a lot of people who do some research and think they can go into court
[01:56:24.060 --> 01:56:31.780]  and represent themselves. Myself included. I once represented myself in a case and the
[01:56:31.780 --> 01:56:40.020]  jury threw the book at me. For all my knowledge I was absolutely incompetent and one of the
[01:56:40.020 --> 01:56:44.380]  reasons I was incompetent is at the time I didn't understand that they weren't speaking
[01:56:44.380 --> 01:56:54.100]  English. They were speaking legalese. Pay close attention to the words used in court
[01:56:54.100 --> 01:57:02.060]  and in court documents. If you can't define a word, look it up. And if you read a word
[01:57:02.060 --> 01:57:11.380]  that seems to have a special meaning like person, you know, in the common language we
[01:57:11.380 --> 01:57:19.500]  hear person and that to us represents a living, breathing human being. In law that's not
[01:57:19.500 --> 01:57:26.260]  the case. Person can be a living, breathing human being but it can also be a legal fiction,
[01:57:26.260 --> 01:57:34.140]  a corporation, a company, an LLC. That's considered a person for the purpose of certain
[01:57:34.140 --> 01:57:41.500]  rights and there are whole myriad of terms that have special meaning in law. Be very
[01:57:41.500 --> 01:57:48.380]  careful. English is not spoken in court. Next one is you'll win your case if you have the
[01:57:48.380 --> 01:57:54.340]  law and the facts on your side. We've already spoken to that. You'll win your case if you
[01:57:54.340 --> 01:58:03.140]  have the politics on your side and everything is political. Okay, that's about to go to
[01:58:03.140 --> 01:58:08.300]  the top of the hour but one more quickly because I've got a lot I want to cover. The other
[01:58:08.300 --> 01:58:15.020]  one is the lawyers on your side. Forget that. The lawyer is in business to make money and
[01:58:15.020 --> 01:58:22.820]  the lawyer has to deal with an arrogant capricious judge. The lawyer is going to first take care
[01:58:22.820 --> 01:58:28.140]  of his business and take care of you second. I'll explain that in a little more detail
[01:58:28.140 --> 01:58:33.180]  when we come back on the other side. Randy Calcon, the rule of law radio. I'll call it
[01:58:33.180 --> 01:58:52.940]  number 512-646-1984. We'll be right back. The Bible remains the most popular book in
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