[00:00.000 --> 00:06.800]  The following news flash is brought to you by The Lone Star Lowdown.
[00:06.800 --> 00:13.040]  Markets for Monday the 22nd of July 2019 Open with Precious Metals Gold $1,429 an ounce
[00:13.040 --> 00:17.760]  Silver $16.45 an ounce Copper $2.75 an ounce
[00:17.760 --> 00:23.520]  Oil Texas Crew $55.63 a barrel Brent Crew $62.47 a barrel
[00:23.520 --> 00:31.520]  and cryptos in order of market cap Bitcoin Core $10,566.52 Ethereum $227.26
[00:32.160 --> 00:41.520]  XRP Ripple $0.33 Lint Coin $100.31 and Bitcoin Cash is at $324.10 a crypto coin
[00:45.920 --> 00:52.480]  Today in history the year 1916 the preparedness day bombing a time suitcase bomb was detonated
[00:52.480 --> 00:57.440]  on Market Street in San Francisco during the World War I preparedness day parade
[00:57.440 --> 01:06.960]  killing 10 and injuring 40 today in history and recent news since Governor Greg Abbott signed
[01:06.960 --> 01:12.720]  House Bill 1325 legalizing heaven attacks his law back in June county prosecutors around the state
[01:12.720 --> 01:17.360]  including Houston Austin San Antonio have been dropping marijuana possession charges and even
[01:17.360 --> 01:22.320]  refusing to file new ones since they are stipulating that they do not have the time or the laboratory
[01:22.320 --> 01:27.120]  equipment to test the earth for THC Margaret Moore the Travis County District Attorney
[01:27.120 --> 01:31.840]  announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana
[01:31.840 --> 01:36.640]  cases because of the law Mr Abbott and other state officials including the Attorney General
[01:36.640 --> 01:41.040]  stipulated in a letter to county district attorneys back on Thursday that marijuana has
[01:41.040 --> 01:46.080]  not been decriminalized in Texas and that these actions demonstrate a misunderstanding of how
[01:46.080 --> 01:53.840]  HB 1325 works as well as other cities too like the District Attorney in El Paso Kymah Esparza a
[01:53.840 --> 01:59.040]  Democrat who also stated earlier this month that the law quote will not have an effect on the
[01:59.040 --> 02:04.800]  prosecution of marijuana cases in El Paso however the issue was succinctly summarized by Mr Brandon
[02:04.800 --> 02:09.840]  Ball an assistant public defender in Harris County who stated that quote the law is constantly
[02:09.840 --> 02:14.240]  changing on what makes something illegal based on its chemical makeup it's important that if
[02:14.240 --> 02:18.080]  someone is charged with something the test matches what they're charged with
[02:22.560 --> 02:27.920]  a paper by Tulane University identified a five and a half inch American pocket shark as the first
[02:27.920 --> 02:33.600]  of its kind in the Gulf of Mexico the specimen being only the second pocket shark ever captured
[02:33.600 --> 02:39.440]  or recorded with the other one being found way back in 1979 in the East Pacific Ocean according
[02:39.440 --> 02:45.440]  to the university paper the shark secretes a lumus fluid from a gland near its front fins
[02:45.440 --> 02:50.400]  for the purposes hypothesized to lure and pray who may be drawn into the glow
[02:50.400 --> 03:07.360]  this is book roti of the lowdown for july 22nd 2019
[03:07.360 --> 03:14.320]  yeah
[03:16.640 --> 03:24.320]  well i received my remedy today came in the box just like the state
[03:24.320 --> 03:34.480]  i accepted for value right away it's not true no not later we are originators
[03:34.480 --> 03:43.120]  and the park where seems to get straighter every day and i can take anything that belongs to me
[03:43.120 --> 03:48.800]  and put it too good to you but i was good for the gander
[03:48.800 --> 03:59.760]  yeah
[04:02.720 --> 04:08.800]  all right we are back the rule of law radio randy kelton i'm brett fountain and we are
[04:08.800 --> 04:15.760]  talking with ralph in texas right now this is the uh friday the fifth of november 2021
[04:15.760 --> 04:21.680]  and ralph where did we leave off you're talking about uh you're bringing them
[04:21.680 --> 04:29.120]  back in with jurisdiction uh ralph i had to rewind to remember to just find out
[04:29.120 --> 04:34.320]  exactly what randy left off but i do have a jurisdiction highlighted right here in front
[04:34.320 --> 04:38.480]  of me that was my next question what is the jurisdiction for going after these guys and
[04:38.480 --> 04:46.640]  i guess it's the state district court yeah the state district court would have jurisdiction
[04:46.640 --> 04:53.680]  also if uh you you're already been you've been dealing with them in federal court already
[04:54.800 --> 05:03.600]  correct did they throw it out because of the state you hadn't finished uh exhausting all
[05:03.600 --> 05:10.880]  your remedies in the state no no uh because i've been here and that happens to people
[05:10.880 --> 05:18.560]  rucker feldman they they say well you've got uh state issues that need to be addressed and so
[05:18.560 --> 05:24.960]  we're not going to handle it in the fed oh i know i had the diversity jurisdiction
[05:24.960 --> 05:35.440]  okay first he he he heard my um my state claims and an example what he said was that um the officer
[05:35.440 --> 05:43.280]  who lied uh under oath committed uh aggravated perjury by line on on the line on a paper that
[05:43.280 --> 05:49.760]  would go before the court uh aggravated perjury he said that was under uh the texas tort claims
[05:49.760 --> 05:58.720]  act because uh that was part of his duties in other words the uh federal appeals judge just
[05:58.720 --> 06:07.040]  thought that and then the district judges thought that um i guess thought that the officer was an
[06:07.040 --> 06:12.000]  officer whenever he made the criminal complaint instead of acting as a private citizen right
[06:12.000 --> 06:21.120]  and officers tend to get the idea that it's okay for them to lie just because in the capacity of
[06:21.120 --> 06:26.000]  an officer doing a sting operation or something they've kind of they've granted themselves some
[06:26.720 --> 06:34.960]  some leeway for uh truthfulness there and so they reference that as if now just because
[06:34.960 --> 06:42.080]  they have that job now they can in any capacity they want to they can be untruthful and that just
[06:42.080 --> 06:49.920]  doesn't apply for so another sworn criminal complaint well what's kind of strange is that uh
[06:50.960 --> 06:58.240]  the officer actually admitted that he lied and of course he didn't even lie he said they said
[06:58.240 --> 07:07.040]  well okay uh in hindsight uh he uh the plaintiff did not actually commit that uh that crime and then
[07:07.040 --> 07:10.800]  and then you know for both of them they did for the felony and then they did it for the
[07:10.800 --> 07:16.720]  misdemeanor okay well he didn't actually do that at the time he was arrested which is you know just
[07:17.920 --> 07:21.920]  stupid they even say that at the time he was arrested he didn't do it at all period but they
[07:21.920 --> 07:29.360]  have to please you know say at the time he was arrested so let me make a little interjection here
[07:31.120 --> 07:41.360]  if the officer lied like a dog and then before it became apparent that he had lied he recanted
[07:41.360 --> 07:51.840]  his lie that's not perjury okay I once had I once had a guy in court uh that uh was a constable
[07:51.840 --> 07:58.240]  that arrested me in a JP's office and when we had the trial it turned out the JP hated him
[07:59.360 --> 08:05.600]  he told the JP it told the court that the the JP recused himself and had another JP in there
[08:05.600 --> 08:13.680]  and the the guy told the court that he was a constable but he had been fired and when the
[08:13.680 --> 08:20.800]  case was over the the original JP came to me who hated this guy and said you know he he lied to the
[08:20.800 --> 08:26.880]  court he when he said he was a constable he's not a constable anymore I said yeah I knew that
[08:28.000 --> 08:32.640]  well why didn't you address that I said well if I'd addressed it he could have recanted
[08:32.640 --> 08:37.520]  it but now that the case is over he can't recant
[08:40.160 --> 08:46.960]  magistrate grinned at me and he said mr. counter you can really be an SOB I said yes I can
[08:49.040 --> 08:58.480]  point is if you call him on his lie in the courtroom and he admits it then he's not subject to
[08:58.480 --> 09:06.080]  court charges you got to let him tell his lie maybe ask for a recess
[09:07.360 --> 09:14.800]  and then file against it okay but but he never recanted in the criminal case
[09:16.080 --> 09:25.760]  he recanted in discovery in the federal case whoa that's different this goes to collateral
[09:25.760 --> 09:35.200]  estoppel well he said in the in the one case he's bound to in the other he can't change it
[09:36.000 --> 09:44.400]  so you definitely should go for him for aggravated perjury well again I think my statute of
[09:44.400 --> 09:51.520]  limitations is up how many years ago was it this is over a 2014 arrest
[09:51.520 --> 10:05.440]  oh yes probably are the case was dismissed in 2015 and I filed lawsuit in 2016
[10:07.600 --> 10:14.640]  and it ended last year yes last year so yes that's that's my next question
[10:15.360 --> 10:20.000]  I'm going to go back and listen to the audio I know but but what you're telling me it sounds good
[10:20.000 --> 10:24.080]  some of it makes sense right now some of them make sense later but what I'm wondering is
[10:24.640 --> 10:29.840]  what are my limitations on these federal judges for what they've done if do I have two years because
[10:29.840 --> 10:38.720]  two years will be up in May of next year are you talking about filing criminal charges against them
[10:39.920 --> 10:43.520]  well criminal charges I know I got five years or at least I think I got five years I'll have to
[10:43.520 --> 10:49.440]  verify that before I do anything which is what I usually do but okay five five years is not a
[10:49.440 --> 10:58.000]  standard five it depends on what the claim is yeah okay for the criminal right right okay yeah well
[10:58.720 --> 11:10.480]  five years it's generally fraud or seven I'm not sure I'm five my brain said when it hears five it
[11:10.480 --> 11:17.600]  says fraud but you may be right it may be seven or when it that time from the time you discovered
[11:17.600 --> 11:28.960]  that the fraud occurred okay okay okay I'm I missed part of this section so I should probably show
[11:28.960 --> 11:36.960]  up what you'll want to do is go look in the Texas Code of Criminal Procedures go look at 12 and you'll
[11:36.960 --> 11:43.600]  find 12 is all about the limitation chapter 12 and so it'll say you know the different want different
[11:43.600 --> 11:50.400]  kinds of crimes it'll say ten years for this seven years for that five years for this and you know
[11:50.400 --> 12:00.240]  two all the way down to to the class C stuff is just just take a look through there and find which
[12:00.240 --> 12:06.800]  things need to be addressed and if it's something that's more than five years ago just don't worry
[12:06.800 --> 12:13.680]  about those go for the ones that say seven years ten years see if you find what fits for that and go
[12:13.680 --> 12:18.960]  deal with those well well now remember I got I got two different cases here one is only less than
[12:18.960 --> 12:25.280]  two years old and the other one's over five so good yeah so guys they're the federal guys protected
[12:25.280 --> 12:29.760]  the state guys but now the state guys are going to pay for protection if I have anything okay hold
[12:29.760 --> 12:37.600]  on hold on you said one is two years one is five years two years and five years from what
[12:39.200 --> 12:45.520]  okay I'm coming up on two years since the federal judges acted outside of scope
[12:46.240 --> 12:54.000]  in discussing several of my claims okay I think that acting outside of scope
[12:54.000 --> 13:02.880]  is outside of jurisdiction yeah there is no there's no limit
[13:04.880 --> 13:09.360]  now there's a limit on a criminal accusation but if they acted outside of scope
[13:11.120 --> 13:16.720]  you should be able to go back and challenge subject matter jurisdiction in the case
[13:16.720 --> 13:22.960]  and frankly when we look at a case we're always looking for subject matter jurisdiction first
[13:25.280 --> 13:27.280]  or did they act outside of scope
[13:29.200 --> 13:35.120]  well because no matter how far in in no matter how far in history it is you can challenge
[13:35.120 --> 13:41.360]  subject matter jurisdiction okay yes thank you for reminding me that that answered the question
[13:41.360 --> 13:45.520]  I was going to ask which case are you talking about because I got two but you're talking about
[13:45.520 --> 13:51.920]  the first case the criminal case 2014 so okay well he couldn't act outside of scope when he
[13:51.920 --> 14:00.480]  committed aggravated perjury because he did that as a civilian or as a citizen not as a
[14:00.480 --> 14:06.720]  public servant so so anyway right that was just a straight up criminal complaint the one that
[14:06.720 --> 14:18.560]  you'd only get acting outside of scope is the judge the court well sorry so maybe I'm missing
[14:18.560 --> 14:24.240]  something here but it sounds like what you're saying is I can still go back after the original
[14:24.240 --> 14:31.120]  judges for acting outside of scope even though the federal judges dismissed my case against them
[14:31.120 --> 14:39.280]  because yes under state charges okay that's going to complicate things if you've already sued them
[14:39.280 --> 14:47.680]  once the court is going to say you don't get a second bite at the apple all of the claims
[14:47.680 --> 14:54.880]  you had against them you should have brought in the first case okay I can deal with that that's
[14:54.880 --> 15:02.160]  okay you know I say perfect I know it okay so what would be okay no I think you have to bet as well
[15:02.160 --> 15:12.000]  okay all right um yeah one of the most important things for us to realize is when we've ran out
[15:12.000 --> 15:19.680]  of options I always want to find a way back in but sometimes you just don't have one
[15:19.680 --> 15:27.120]  and you have to go start another fight to get away back in I am ready
[15:27.920 --> 15:35.680]  well I don't know I don't know if I'm really ready but uh well I uh I'm a little bit more
[15:35.680 --> 15:42.160]  prepared than I was put it that way and and that's the best thing you can take away from any of
[15:42.160 --> 15:50.880]  these cases lawyers pay up to $180,000 for door for their law school training
[15:52.960 --> 15:53.920]  you're getting it cheap
[15:56.640 --> 16:00.000]  oh I don't know you know how many thousands of dollars are still in this federal case
[16:00.800 --> 16:05.600]  you're sitting down way too much 15,000
[16:05.600 --> 16:13.360]  hmm yeah way too much but see I didn't know what I was doing and I was not about to drop it you
[16:13.360 --> 16:19.040]  know and so uh just had trouble here there and everywhere but I added it up in my head now you
[16:19.040 --> 16:24.960]  know add up paper maybe a little different but it won't be much and a lot of it was just mailing
[16:24.960 --> 16:29.280]  so you got them doing everything the old-fashioned way mailing it when I go to the post office and
[16:29.280 --> 16:35.600]  I know that many defendant papers that weigh a lot I could spend $150 post office easily
[16:36.640 --> 16:43.600]  okay it's a lot easier now now you can e-file right and I've been looking at people who will
[16:44.240 --> 16:49.360]  you do that through you don't do it yourself you use a server to do that yeah yeah yeah
[16:49.360 --> 16:55.440]  another issue it's a little bit smaller so it's a couple questions okay we'll have to
[16:55.440 --> 17:02.720]  do that after we come back from this project are you being harassed by debt collectors with phone
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[17:37.360 --> 17:42.960]  debt collectors personal consultation is available as well for more information please visit rule of
[17:42.960 --> 17:49.280]  law radio dot com and click on the blue michael mirris banner or email michael mirris at yahoo.com
[17:49.280 --> 17:59.200]  that's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors
[17:59.200 --> 18:05.920]  next rule of law radio is proud to offer the rule of law traffic seminar in today's america we live
[18:05.920 --> 18:09.760]  in an us against them society if we the people are never going to have a free society then we're
[18:09.760 --> 18:14.160]  going to have to stand in between our own rights among those rights are the right to travel freely
[18:14.160 --> 18:17.920]  from place to place the right to act in our own private capacity and most importantly the right
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[18:57.520 --> 19:08.320]  to end this earth you are listening to the logo radio network logo radio network dot com
[19:12.480 --> 19:16.640]  well don't let nothing get to you one of the father can deliver you
[19:16.640 --> 19:28.640]  so don't let back my people hurt you and tell sis i'm getting behind you know what i mean my friend
[19:28.640 --> 19:36.640]  don't spin the heart me free tell him your problem is calling his name once again
[19:36.640 --> 19:46.640]  here with all you know he will stay in trust in the heart me friend tell him your problem is
[19:46.640 --> 19:54.640]  calling his name once again here with all you know he will stay in he and me king man he is everything
[19:54.640 --> 20:02.480]  he's everything to me that's gonna call him don't tell me me and me pray to him because he's the only one
[20:02.480 --> 20:09.200]  could answer me in a business what we can man sit in man can you know if this is
[20:10.720 --> 20:18.720]  okay we are back randy kelton brett fountain rule of law radio and we're talking to ralph in texas
[20:21.040 --> 20:27.520]  where were we ralph well uh you give me a lot to work with that's going to hold me for a while on
[20:27.520 --> 20:33.360]  this federal issue so here's a different issue i just need to i need to know if this is contract
[20:33.360 --> 20:39.920]  all what the limitations are and how to determine jurisdiction it's on personal injury so if a person
[20:39.920 --> 20:48.400]  buys an item at a big box store and they're injured uh who is responsible the retailer or the manufacturer
[20:48.400 --> 20:57.840]  or i'm okay wait wait what does what do you mean by injured physically mentally yes financially
[20:59.200 --> 21:06.000]  physically well you know it's a chemical burn believe it or not
[21:06.000 --> 21:19.840]  a woman got blistered by a coffee from mcdonald's that was i think 190 degrees
[21:21.680 --> 21:31.280]  pseudom got several million so chemical burn i guess that's a thermal burn what kind of chemical
[21:31.280 --> 21:40.800]  you're talking about well i don't know uh the this i found the internet to try to find out
[21:40.800 --> 21:46.720]  and all i could get was it's one of several or it could be a combination but they're all
[21:46.720 --> 21:57.040]  unsafe it it says what what what i'm getting at is if i go down and i buy a drum of of hydrofluoric
[21:57.040 --> 22:03.840]  acid hydrofluoric acid is deadly chemical outside of chemical warfare and i burn myself with it
[22:05.120 --> 22:10.880]  well dumbass i'm sorry domain this that's the deadliest chemical outside of chemical warfare
[22:11.920 --> 22:19.600]  be careful with it but if i go and i buy some uh chemical to clean my pool with
[22:19.600 --> 22:29.120]  yes i don't necessarily know that's myriadic acid right so if i don't have the proper warnings
[22:30.480 --> 22:36.400]  and i do something that for a regular normal person a reasonable person of ordinary prudence
[22:37.200 --> 22:43.520]  would do and i get harmed then i have a claim so chemical
[22:43.520 --> 22:50.160]  if you're injured by a chemical i need to kind of understand what the nature of that chemical was
[22:50.720 --> 22:56.480]  yeah and whether that was was the item or whether it leaked out of the item or something like that
[22:57.200 --> 23:04.320]  yeah it's like like a nycad battery blowing up in my face if i bought a nycad battery you know i
[23:04.320 --> 23:08.880]  would have no expectation of that happening so it had no reason to protect myself from it
[23:08.880 --> 23:17.840]  this is an item that everybody buys all the time it's a regular item and when i got on the internet
[23:17.840 --> 23:27.440]  to check it out it said it was treated with a chemical that is safe for healthy skin
[23:27.440 --> 23:36.480]  well oh it doesn't say that on the package there's no warnings at all
[23:37.360 --> 23:45.840]  so i'm kind of thinking hmm is this strange i didn't think i had a unhealthy skin but that's
[23:45.840 --> 23:49.120]  what they're claiming and i'm going why didn't you tell me
[23:49.120 --> 23:55.040]  that you definitely have a claim
[23:56.880 --> 24:02.480]  well yeah but i've been disappointed before but i'm mad enough you know that i'm gonna go after
[24:03.520 --> 24:08.320]  you know and that's okay okay let's let's take a step back it's not about waiting at the end of the
[24:08.320 --> 24:19.520]  day you understand that well maybe i'm working okay long delay took way too long to answer that
[24:19.520 --> 24:28.560]  question okay here's the deal you can never expect to win your case simply because you have the law
[24:28.560 --> 24:37.200]  on the facts on your side to think so is naive it is not that way now never has been that way
[24:37.200 --> 24:44.000]  so long as we have had human beings as judges you can expect when your case you have the politics
[24:44.000 --> 24:54.000]  on your side and all politics is local and all politics follows the money at the end of the day
[24:54.000 --> 25:01.680]  it's the money so i file suit against these guys for some obnoxious carpola like i'm about to sue
[25:01.680 --> 25:12.240]  norton antivirus for planting a virus on my system i can't use chrome because norton has a virus
[25:12.240 --> 25:19.760]  attached to it so i'm going to sue them in jp court for 20 000 that's the maximum i can sue for
[25:19.760 --> 25:27.840]  accusing them of stealing my computer and they're going to say just because i you got this virus
[25:27.840 --> 25:31.440]  that doesn't mean i put it on there and i don't care if you put it on or not
[25:31.440 --> 25:37.440]  it's on there and it benefits you and you didn't fix it and they're going to say you don't even
[25:37.440 --> 25:45.360]  have a case blah blah blah i'm going to say who cares i am going to beat you up every way from
[25:45.360 --> 25:52.800]  sunday i'm going to bar grieve your lawyers into the stone age i'm going to cost you 10
[25:52.800 --> 25:57.760]  times this amount and then i'm going to file a a complaint with the better business bureau
[25:57.760 --> 26:04.080]  and every one i'm going to file on websites telling what a horrible line thieves you are
[26:04.080 --> 26:09.520]  you sell virus protection by putting viruses on people's computers that you can protect them from
[26:11.920 --> 26:18.080]  how much is that going to cost you guys or do you want to write me a 20 000 dollar check and
[26:18.080 --> 26:29.600]  get me to go away does that make sense for us well yeah i'm kind of thinking if randy can do that
[26:29.600 --> 26:37.360]  with what i know look out buddy i'm going to sue them for 2000 yeah so i'm just this is just the
[26:37.360 --> 26:46.320]  jp court well you get up into the higher court and and when you go to court it's the number
[26:46.320 --> 26:54.080]  i just earlier today we had uh the question how much can you charge so i just pick a number
[27:00.000 --> 27:07.840]  what me dollars they're going to rail and write this indignation that is an outrageous amount
[27:07.840 --> 27:14.880]  blah blah blah and you're going to say oh no no it was absolutely justified blah blah blah
[27:14.880 --> 27:22.560]  and that's what the jury's going to hear blah blah blah and when the jury goes into the jury room
[27:22.560 --> 27:28.000]  there's only one number they're going to remember the number you walked in the door with
[27:30.240 --> 27:35.520]  so they're going to gauge everything they do based on that number so make it a big one
[27:37.600 --> 27:41.440]  if you're not in the district court make it the maximum amount the court can handle if you're in
[27:41.440 --> 27:47.440]  the district court just crank it on up there let them argue it and bar grieve them every time they
[27:47.440 --> 27:55.680]  move bar grieve their lawyers into the stone age uh brett miss patty's case what lawyer are you on
[27:56.880 --> 28:05.840]  well we're up to number 12 right now so 11 they actually were we're on 11 and 12 10 have bailed
[28:05.840 --> 28:12.160]  and what do you think happened to the the one who's paying those lawyers
[28:14.640 --> 28:18.960]  when you got the other lawyers to know why the one's in front of them quit
[28:21.200 --> 28:26.560]  well miss patty has miss patty calls that bank uh she she doesn't know anything about german
[28:26.560 --> 28:33.680]  pronunciation so you know she's just she's just a sweet little texas lady and so she calls them
[28:33.680 --> 28:40.240]  the douche bank and so she's she's not being mean about it or anything she just well that's
[28:40.240 --> 28:47.040]  what it looks like it says but thanks god so much money i don't know that they're really hurting
[28:47.600 --> 28:55.040]  as they go through 10 extra lawyers yeah but it's the case itself they would be
[28:56.320 --> 29:02.080]  much better off if they just made a deal now they can't let you win they just cannot
[29:02.080 --> 29:08.400]  yeah but they can make a deal and everything's about the deal
[29:10.160 --> 29:15.680]  Ralph what you do is you go in there and you make an absolute nuisance of yourself
[29:17.120 --> 29:21.120]  bar grieve them judicial conduct complaint the judge if you follow judicial conduct
[29:21.120 --> 29:25.600]  complaint the judge against the judge he cannot say one word to you about it
[29:25.600 --> 29:35.440]  but he can climb down the other guy's throat about it you're in here dangling by my bar by
[29:35.440 --> 29:42.480]  your bar card mr lawyer you better get this no good pro se jerk off my case or i'm gonna screw
[29:42.480 --> 29:51.680]  your next client they can definitely do that and they do do that winda Burton in colorado
[29:51.680 --> 29:58.480]  the federal judge called him into court told the bailiff bailiff you have key to that door and he's
[29:58.480 --> 30:05.200]  yes i do everyone knows that walking is great exercise but you might not know that the way you
[30:05.200 --> 30:10.240]  walk could predict how long you're going to live i'm dr kathryn albrecht and i'll be back to tell
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[30:40.240 --> 30:47.280]  over with start page new research shows how fast you walk could predict how long you're going to
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[30:52.800 --> 30:58.400]  second or faster live longer than expected in case you're wondering one meter per second is about
[30:58.400 --> 31:03.760]  two and a quarter miles per hour a senior's age gender and walking speed were as good at predicting
[31:03.760 --> 31:09.440]  life expectancy as more traditional statistical measures generally speaking faster walkers live
[31:09.440 --> 31:14.640]  longer measuring walking speed is quick and inexpensive it only takes a stopwatch some
[31:14.640 --> 31:19.920]  space to walk in a few minutes researchers say it could help doctors identify older patients who
[31:19.920 --> 31:25.680]  need special care i'm dr kathryn albrecht more news and information at kathrynalbrecht.com
[31:30.240 --> 31:36.160]  i lost my son my nephew my uncle my son on september 11th 2000 most people don't know that
[31:36.160 --> 31:42.160]  a third tower fell on september 11th world trade center seven a 47 story skyscraper was not hit
[31:42.160 --> 31:48.000]  by a plane although the official explanation is that fire brought down building seven over 1200
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[31:52.160 --> 31:58.320]  bring justice to my son my uncle my nephew my son go to building what dot org why it fell
[31:58.320 --> 32:04.400]  why it matters as what you can do logos radio network welcomes a new show to our lineup for
[32:04.400 --> 32:11.040]  the new year scripture talk with nano will begin wednesday january 8th from 8 to 10 p.m central
[32:11.040 --> 32:17.760]  time our goal is in accord with matthew 516 let your light so shine before men that they may see
[32:17.760 --> 32:23.760]  your good works and glorify your father which is in heaven we wish to reflect god's light and be a
[32:23.760 --> 32:30.000]  blessing to all those with a hearing ear join nano and guests for both verse by verse bible studies
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[32:41.840 --> 32:47.280]  bible studies will vary each week and will explore sound doctrine as well as christian character
[32:47.280 --> 32:53.920]  development so mark your calendar and join us live on logos radio network dot com wednesdays
[32:53.920 --> 33:00.000]  from 8 to 10 p.m starting january 8th for an inspiring and motivating discussion of the scriptures
[33:02.160 --> 33:10.000]  live free speech radio logos radio network dot com
[33:10.000 --> 33:20.080]  so
[33:20.080 --> 33:48.480]  I won't, I won't let you pull the world over my eye
[33:48.480 --> 33:56.480]  I really must refuse your news, also come in line
[33:56.480 --> 34:04.480]  It seems you like this best, but please take some words to the wise
[34:04.480 --> 34:14.480]  Okay, we are back, Randy Kelton, Brett Fountain, Rudolf L'Oreo, and Ralph, you let me dive off the cliff
[34:14.480 --> 34:22.480]  I'm going to go to school and learn how to do that right
[34:22.480 --> 34:28.480]  So you were starting to say about Burton
[34:28.480 --> 34:30.480]  Wait, say that again?
[34:30.480 --> 34:36.480]  Just right before we went to the sponsors, you were starting to tell him a story about Burton
[34:36.480 --> 34:39.480]  Oh, oh, Burton, Brenda Burton
[34:39.480 --> 34:47.480]  Brenda Burton called into the show and she was complaining about all the stuff the lawyers were doing and the judges were doing
[34:47.480 --> 34:52.480]  And I said, well, how many bar grievances have you filed against these lawyers?
[34:52.480 --> 34:54.480]  Well, I haven't filed any, well, why not?
[34:54.480 --> 34:57.480]  She said, well, I just didn't think about it
[34:57.480 --> 34:59.480]  And I said, well, think about it
[34:59.480 --> 35:02.480]  Well, what about the judge? How many judicial conduct complaints?
[35:02.480 --> 35:06.480]  I didn't do that either, you need to get that fixed
[35:06.480 --> 35:15.480]  She called in a couple months later, 25 bar grievances, 6 judicial conduct complaints later, they go into court
[35:15.480 --> 35:21.480]  And the judge asked the bailiff if he had a key to the front to the door, and he said, yes, I do
[35:21.480 --> 35:24.480]  She said, you go outside, lock that door
[35:24.480 --> 35:31.480]  And then the judge had his key and he called the lawyers up and he handed one of the lawyers the keys
[35:31.480 --> 35:37.480]  He said, here's the key to this courtroom, you can have it, this courtroom is yours all evening
[35:37.480 --> 35:46.480]  But when I come back tomorrow, you will have made Miss Burton an offer she cannot refuse
[35:46.480 --> 35:54.480]  I do not want to see her face in my courtroom again, do I make myself clear?
[35:54.480 --> 36:01.480]  And the lawyers were, yes sir, yes sir, yes sir, and they did
[36:01.480 --> 36:07.480]  Point is, lawyers are laying it low, hanging fruit
[36:07.480 --> 36:12.480]  When you start hammering them, they want this to go away
[36:12.480 --> 36:19.480]  Brett's in a case with Miss Patty, a foreclosure case, they're on their 11th and 12th lawyer
[36:19.480 --> 36:28.480]  We're getting close to the point where Miss Patty wants to ask the judge to order mediation in the case
[36:28.480 --> 36:38.480]  If he orders mediation, then the lawyers can come to the table and not lose face
[36:38.480 --> 36:50.480]  Now you would think that with these highly trained legal professionals that losing face would not be an issue
[36:50.480 --> 36:54.480]  It is an issue, it is a big issue
[36:54.480 --> 37:02.480]  A lawyer will never negotiate with a pro se litigant unless he's ordered to
[37:02.480 --> 37:05.480]  Because he would lose face, he'd look like a chump
[37:05.480 --> 37:08.480]  He doesn't want to stoop that low
[37:08.480 --> 37:13.480]  Exactly, unless the judge orders him to
[37:13.480 --> 37:20.480]  So we have this strategy, you go in and you just be an SOB
[37:20.480 --> 37:25.480]  You bar grieve them, you file judicial conduct complaints
[37:25.480 --> 37:30.480]  Just any nasty, awful, nasty thing you can do, you do it
[37:30.480 --> 37:36.480]  They deserve it all, everything that you do, it's because they did something that needed to be reported
[37:36.480 --> 37:38.480]  It's just that most people don't
[37:38.480 --> 37:45.480]  You might think that you have to kind of study and research to find what they're doing wrong
[37:45.480 --> 37:48.480]  Unfortunately, that's not the case
[37:48.480 --> 37:53.480]  That's like looking at the water in the Pacific
[37:53.480 --> 37:55.480]  Exactly
[37:55.480 --> 38:01.480]  They will give you more reasons to complain against them than you can keep up with
[38:01.480 --> 38:05.480]  And it doesn't matter if it's civil or criminal, does it?
[38:05.480 --> 38:09.480]  I mean in the case, they're going to do it in any of those cases that they're in
[38:09.480 --> 38:17.480]  In administrative, civil, criminal, they're going to give you reasons to bar grieve them and judicial conduct complaints
[38:17.480 --> 38:26.480]  For the most part, they don't know any better, they should, but they don't
[38:26.480 --> 38:34.480]  So they'll give you plenty, the problem you will have is from the plethora of possibilities
[38:34.480 --> 38:47.480]  Picking out those particular complaints that will lead, you tend to lead you toward a consistent outcome
[38:47.480 --> 38:50.480]  It's an art form
[38:50.480 --> 38:54.480]  And if you're not getting enough complaints, oh, it's easy enough to do
[38:54.480 --> 39:04.480]  Read the canons of judicial ethics and the bar association standards, what are they called in Texas?
[39:04.480 --> 39:07.480]  Rules of professional conduct
[39:07.480 --> 39:09.480]  Rules of professional conduct
[39:09.480 --> 39:12.480]  Every state's almost the same
[39:12.480 --> 39:19.480]  The American Bar Association put out a set of model rules and 47 states adopted those rules
[39:19.480 --> 39:22.480]  And then they made minor adjustments to them
[39:22.480 --> 39:30.480]  So if you read through one set of rules, they'll be relatively consistent to every other state in the union
[39:30.480 --> 39:34.480]  And it will read like a comic book
[39:34.480 --> 39:38.480]  Because you'll read it and you'll be laughing and giggling the whole time
[39:38.480 --> 39:45.480]  I can grieve them for this, I can grieve them for that, there's so much stuff you can grieve them for
[39:45.480 --> 39:50.480]  They can't represent a case and not give you reason to file bar grievance
[39:50.480 --> 40:01.480]  But if they're really good and they do, then you can do like I did in one case and grieve them for partners higher on the left
[40:01.480 --> 40:11.480]  If the bar gets a complaint from you, they're going to take that complaint and throw it in the trash
[40:11.480 --> 40:18.480]  And then they're going to send you this letter that says we examine into your accusation and find it does not rise to the level of misconduct
[40:18.480 --> 40:28.480]  If you accuse him of driving a truckload of babies off of a cliff, they'll send you a response saying we examine into your accusation
[40:28.480 --> 40:32.480]  Find it does not rise to the level of misconduct
[40:32.480 --> 40:35.480]  And that's a good thing
[40:35.480 --> 40:48.480]  The reason it's a good thing is each lawyer has an emissions policy and for that policy he has an agent
[40:48.480 --> 40:58.480]  And it is the agent's job to charge his client as much as he can and avoid any claims
[40:58.480 --> 41:08.480]  So it's in the contract if anything occurs for which you could possibly be sued, you are required to notice the carrier
[41:08.480 --> 41:14.480]  If you don't notice the carrier, then you're not covered
[41:14.480 --> 41:17.480]  So the lawyer has to tell them himself
[41:17.480 --> 41:26.480]  And there are nine underwriters for legal errors and emissions policies in the country
[41:26.480 --> 41:32.480]  They are all underwritten by Lloyds of London, they all have the same criteria
[41:32.480 --> 41:39.480]  One, bar grievance, your first year of practice, valid, invalid, they don't care
[41:39.480 --> 41:45.480]  They cancel immediately, two bar grievances, any one year of practice, they cancel
[41:45.480 --> 41:52.480]  Three, they've canceled your law-affirmed malpractice insurance, valid, invalid, they don't care
[41:52.480 --> 41:58.480]  So I bar-grieved him for part of his hair on the left and he was furious after the case he'd come to
[41:58.480 --> 42:00.480]  He said, what the heck do you do that for?
[42:00.480 --> 42:08.480]  I told him, what if I bar-grieved you for what you really did, then it probably disbarred you
[42:08.480 --> 42:18.480]  He was not appeased by that, but this is a problem they created for themselves
[42:18.480 --> 42:20.480]  Deal with it, Bubba
[42:20.480 --> 42:26.480]  Six professional conduct complaints against a peace officer
[42:26.480 --> 42:38.480]  And the insurance carrier will go to the jurisdiction and say, you got this officer here who is an unacceptable risk
[42:38.480 --> 42:45.480]  If you keep him, we will raise your bond rating for your entire department
[42:45.480 --> 42:52.480]  So what do you think is going to happen to Joe Jackboot the next time his contract comes up for renewal?
[42:52.480 --> 42:54.480]  Adios, Bubba
[42:54.480 --> 43:00.480]  And then if you've got a half a dozen professional conduct complaints on your record
[43:00.480 --> 43:05.480]  No reputable agency in the country will hire you
[43:05.480 --> 43:08.480]  Because they raise the bond rating
[43:08.480 --> 43:14.480]  Now, that may not be fair to the poor mistreated police officer
[43:14.480 --> 43:18.480]  Oh well, life is tough, deal with it
[43:18.480 --> 43:24.480]  You created this problem, you want to slither up behind that thin blue line, Bubba?
[43:24.480 --> 43:28.480]  We'll see how that works out for you
[43:28.480 --> 43:31.480]  Does that make sense, Ralph?
[43:31.480 --> 43:33.480]  Yes, sir
[43:33.480 --> 43:40.480]  This is the course on how to be the pro safe from hell
[43:40.480 --> 43:46.480]  I think it's music and I'm going to jump off the cliff
[43:46.480 --> 43:53.480]  Oh, you've got a good point there, we'll be right back
[43:53.480 --> 43:58.480]  I'm going to go and let you talk to somebody else, I really appreciate your help
[43:58.480 --> 44:00.480]  Thanks, Ralph
[44:00.480 --> 44:06.480]  Through advances in technology, our lives have greatly improved except in the area of nutrition
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[46:22.480 --> 46:29.480]  Always, I must be careful what I'm wishing for
[46:29.480 --> 46:34.480]  When I'm hungry, I like to know just what I'm wishing for
[46:34.480 --> 46:39.480]  I ain't asking for much, I ain't trying to be no glutton
[46:39.480 --> 46:44.480]  I'm just here making my living, pushing buttons
[46:44.480 --> 46:52.480]  I give my message out to anyone in shot and distance
[46:52.480 --> 46:57.480]  I'm all for bravery and against slavery, showing resistance
[46:57.480 --> 47:02.480]  First I'm crawling, then I'm walking, then I start strutting
[47:02.480 --> 47:20.480]  I'm just so glad to make my living, pushing buttons
[47:20.480 --> 47:25.480]  We sat down to play monopoly, we all wanted to win the game
[47:25.480 --> 47:31.480]  We gave some guys this money supply, we must have not been taken to the brain
[47:31.480 --> 47:35.480]  After some time, worth of my time, got beat down to death
[47:35.480 --> 47:39.480]  There's nothing I might have been too long right to do
[47:39.480 --> 47:43.480]  I make my living, pushing buttons
[47:43.480 --> 47:47.480]  Yeah, whoa
[47:49.480 --> 47:53.480]  Okay, we are back, Randy Kelton, Brett Fountain, rule of law radio
[47:53.480 --> 47:57.480]  And we're going to Jeff in South Carolina
[47:57.480 --> 48:02.480]  Hello Jeff, how are things going in Hillbilly land?
[48:02.480 --> 48:07.480]  Hillbilly land is doing very good, thank you for taking my call
[48:07.480 --> 48:12.480]  You are most welcome, and I can speak Hillbilly, I'm multilingual
[48:12.480 --> 48:17.480]  I speak Yankee, I speak Redneck, and I speak Hillbilly
[48:17.480 --> 48:23.480]  Great, you're a very multi-talented person, Randy
[48:23.480 --> 48:30.480]  Oh yeah, and I also speak BS, but I try not to do that too much on the air
[48:30.480 --> 48:35.480]  Is that the one that your wife doesn't seem to pick up too well on?
[48:35.480 --> 48:37.480]  Yes, we just lost
[48:37.480 --> 48:40.480]  It doesn't go over very well, do you have like one day of the overseas?
[48:40.480 --> 48:43.480]  We just lost Chris
[48:43.480 --> 48:45.480]  Chris, if you're listening, call back
[48:45.480 --> 48:51.480]  Okay, what do you have for us today, Jeff?
[48:51.480 --> 48:55.480]  Alrighty, well first of all, I want to thank Brett
[48:55.480 --> 49:01.480]  You sent me links for Telegram, and I'm trying to get into those websites
[49:01.480 --> 49:05.480]  I finally managed to get into Telegram and make a little progress
[49:05.480 --> 49:07.480]  Thank you for that
[49:07.480 --> 49:09.480]  There's been some more podcasts
[49:09.480 --> 49:11.480]  Yes, thank you
[49:11.480 --> 49:15.480]  There's been some more podcasts at rule of law radio portion which I've scooped up
[49:15.480 --> 49:18.480]  And I'm listening too as I have time
[49:18.480 --> 49:22.480]  But my purpose of calling in here tonight is I want to commiserate
[49:22.480 --> 49:26.480]  Maybe what some people would call in Hillbilly land piss and moan a little bit
[49:26.480 --> 49:28.480]  Can I do that?
[49:28.480 --> 49:34.480]  Yes, but this is a radio, so you can't say piss and moan, you have to say urinate and moan
[49:34.480 --> 49:38.480]  I was thinking of that earlier and I was going to do that, but the hillbilly came out
[49:38.480 --> 49:41.480]  Oh, I'm going to do a quick check now
[49:41.480 --> 49:48.480]  Alrighty, I'm going to describe, and I won't take too terribly long I hope
[49:48.480 --> 49:52.480]  But I want to describe a situation that I find disheartening
[49:52.480 --> 49:57.480]  I'm saying this because I imagine you've probably heard it a lot
[49:57.480 --> 50:01.480]  And if not, it's probably a common thing, I'm guessing
[50:01.480 --> 50:08.480]  And I'm going to name some names here, but I do not mean to set them in a negative light whatsoever
[50:08.480 --> 50:13.480]  This is strictly to illustrate my point, it goes to the point
[50:13.480 --> 50:18.480]  Eddie Craig talks about transportation and the...
[50:18.480 --> 50:20.480]  Wait, wait, wait, Eddie who?
[50:20.480 --> 50:24.480]  Yeah, that guy
[50:24.480 --> 50:28.480]  We don't cut Eddie any slack on this show
[50:28.480 --> 50:33.480]  No, no, I have found Eddie Craig and his programs and information
[50:33.480 --> 50:38.480]  Very helpful over the last few years of listening
[50:38.480 --> 50:43.480]  He helped me focus in as you and now Brett do
[50:43.480 --> 50:48.480]  I think I've gotten more sophisticated, but that's nothing to brag about yet
[50:48.480 --> 50:53.480]  Because it's still fairly elementary as you will see in my complaints here
[50:53.480 --> 51:00.480]  But he talks about transportation and a key factor of that element of that being commercial
[51:00.480 --> 51:04.480]  And you've mentioned that yourself at that time
[51:04.480 --> 51:08.480]  And he explains it off the Texas code
[51:08.480 --> 51:12.480]  And yeah, I mean, I would say that, sure, that sounds airtight
[51:12.480 --> 51:17.480]  But what I at least thought was a key element of that
[51:17.480 --> 51:23.480]  I spent five days in a little legal law library looking for it
[51:23.480 --> 51:30.480]  In the bills and statutes and things like that and was unable to find
[51:30.480 --> 51:36.480]  What I considered the critical link for me to be able to apply that here in South Carolina
[51:36.480 --> 51:39.480]  And that's just one case I'm speaking of
[51:39.480 --> 51:44.480]  Now, in the case of Steve Emerson, he's out of Florida
[51:44.480 --> 51:47.480]  And I've been listening to his information
[51:47.480 --> 51:49.480]  But he talks about in the...
[51:49.480 --> 51:57.480]  And I forget if it was an administrative code or if it was a constitution or statute
[51:57.480 --> 51:59.480]  I don't recall exactly
[51:59.480 --> 52:03.480]  But he talks about how a man's house is tax-adempt property tax
[52:03.480 --> 52:10.480]  And he verbally gives the backing and his logic sounds absolutely sound
[52:10.480 --> 52:12.480]  It sounds airtight
[52:12.480 --> 52:17.480]  I go into South Carolina law and look for the same thing
[52:17.480 --> 52:27.480]  And it just slides by and I cannot make that airtight black and white conclusion
[52:27.480 --> 52:30.480]  I'm not a lazy person when it's something I'm motivated about
[52:30.480 --> 52:36.480]  I spent over 300 hours just studying up over a $32 parking ticket in Baltimore
[52:36.480 --> 52:42.480]  Drove from South Carolina to Baltimore to fight that $32 parking ticket
[52:42.480 --> 52:47.480]  I can be very motivated
[52:47.480 --> 52:51.480]  But I have to feel I have a leg to stand on
[52:51.480 --> 52:54.480]  I want to know that I have something that as you would say
[52:54.480 --> 53:00.480]  I believe Randy, a man of ordinary intelligence, prudence would understand and agree with
[53:00.480 --> 53:03.480]  Okay, let me stop you here
[53:03.480 --> 53:08.480]  You were speaking to something I absolutely recognize
[53:08.480 --> 53:15.480]  About 30 years ago, I was cast into this arena
[53:15.480 --> 53:20.480]  I spent 15 years, I read the Penal Code and Code of Criminal Procedure
[53:20.480 --> 53:27.480]  And looked at the way the law was actually enforced
[53:27.480 --> 53:30.480]  And I thought I had stepped through the looking class
[53:30.480 --> 53:34.480]  So I got out the Code of Criminal Procedure and Penal Code and read them
[53:34.480 --> 53:37.480]  And then I looked at the practice
[53:37.480 --> 53:40.480]  And none of this fit right
[53:40.480 --> 53:46.480]  I spent 15 years trying to figure out what it was I missed the first time I read the Code
[53:46.480 --> 53:49.480]  And after 15 years it was clear I hadn't missed anything
[53:49.480 --> 53:56.480]  It took another 15 years to put all these pieces together
[53:56.480 --> 54:04.480]  And Jeff, what will happen is as you read these codes
[54:04.480 --> 54:08.480]  You're reading codes all over the place
[54:08.480 --> 54:13.480]  At one point all of these pieces will start fitting together
[54:13.480 --> 54:21.480]  What I suggest you do is look in the administrative code in South Carolina
[54:21.480 --> 54:25.480]  For the transportation code
[54:25.480 --> 54:35.480]  When I'm talking when you do a transportation code in South Carolina, search for me
[54:35.480 --> 54:39.480]  Once you find the code, read it
[54:39.480 --> 54:41.480]  Don't try to understand all of it
[54:41.480 --> 54:44.480]  This is not like reading a book or something
[54:44.480 --> 54:49.480]  The codes are not exactly prose
[54:49.480 --> 54:54.480]  The codes are really written more like an outline or a table of contents
[54:54.480 --> 54:57.480]  The legislature writes laws
[54:57.480 --> 55:01.480]  Those laws go into the public law
[55:01.480 --> 55:05.480]  Or like in the case of the Feds, it goes into the National Register
[55:05.480 --> 55:11.480]  The National Register is about 65,000 pages at this point
[55:11.480 --> 55:15.480]  And the laws are in there, but they're scattered all around
[55:15.480 --> 55:19.480]  They're put in the ledger on the date they're passed
[55:19.480 --> 55:25.480]  And they're not in line, so you may have a law about criminal
[55:25.480 --> 55:31.480]  You may have a law about SEC, you may have ATF
[55:31.480 --> 55:33.480]  It just jumps all over the place
[55:33.480 --> 55:38.480]  So they hire these publishers to go into those public laws
[55:38.480 --> 55:45.480]  And pull out the ones that fit together in the same context
[55:45.480 --> 55:50.480]  One of those is in Texas that we have the Code of Criminal Procedure
[55:50.480 --> 55:56.480]  And you read that Code of Criminal Procedure the first time through and it doesn't make any sense
[55:56.480 --> 56:01.480]  You go back, just read it through, don't try to understand it, just read it
[56:01.480 --> 56:06.480]  You're placing mental markers entirely
[56:06.480 --> 56:09.480]  Then you go back to the front and you read it again
[56:09.480 --> 56:14.480]  When you read it the second time, you read Article 2.11
[56:14.480 --> 56:21.480]  It says, when a judge, when a magistrate sits for the purpose of examining into a criminal accusation
[56:21.480 --> 56:29.480]  That is an examining trial, and you'll say, oh, okay, that's what Chapter 16 is all about
[56:29.480 --> 56:36.480]  When you read 2.13, it says when a police officer has it made known to him that a crime has been committed
[56:36.480 --> 56:40.480]  He shall give notice to some magistrate
[56:40.480 --> 56:44.480]  That's what 1406 and 1516 are about
[56:44.480 --> 56:49.480]  Your brain will start making these connections
[56:49.480 --> 56:53.480]  They won't necessarily make them consciously
[56:53.480 --> 57:01.480]  The next time an issue comes up, your brain will say, wait a minute, wait a minute, we know something about that
[57:01.480 --> 57:08.480]  It may not point you to exactly the right spot, but it will point you to the right general area
[57:08.480 --> 57:12.480]  And you'll start stitching these pieces together
[57:12.480 --> 57:17.480]  And you will know the law better than any lawyer I've ever talked to
[57:17.480 --> 57:25.480]  So if you're struggling trying to put these together, just get, once you've read one set of code
[57:25.480 --> 57:31.480]  You will be familiar with 95% of all of the codes
[57:31.480 --> 57:39.480]  All of the codes in all of the states were designed to deal with human beings
[57:39.480 --> 57:46.480]  And the one thing about human beings, you know, I don't know if we evolved or if God created us
[57:46.480 --> 57:54.480]  But in either case, we came up very, very consistent
[57:54.480 --> 58:02.480]  Human beings are horribly flawed, but they're consistently flawed
[58:02.480 --> 58:16.480]  And the laws necessary to maintain civility are essentially the same in the United States, Canada, Russia, Moldova
[58:16.480 --> 58:22.480]  No matter where you go, you've got the same human beings pulling the same kind of crapola
[58:22.480 --> 58:27.480]  So the laws are, 95% of the laws are exactly the same
[58:27.480 --> 58:40.480]  A left turn in Finland is a left, an illegal left turn in Finland is a legal left turn in England and the United States doesn't matter where
[58:40.480 --> 58:43.480]  Read one code
[58:43.480 --> 58:48.480]  Don't spend a lot of time studying and analyzing, just read it
[58:48.480 --> 58:50.480]  Go back read it again
[58:50.480 --> 58:54.480]  Do you like to make more definite progress in your walk with God?
[58:54.480 --> 59:01.480]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help
[59:01.480 --> 59:06.480]  The New Testament recovery version is one of the most comprehensive study Bibles available today
[59:06.480 --> 59:13.480]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life
[59:13.480 --> 59:18.480]  The free books are a three-volume set called Basic Elements of the Christian Life
[59:18.480 --> 59:27.480]  Chapter by chapter Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ and how to build up the church
[59:27.480 --> 59:40.480]  To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll free at 888-551-0102
[59:40.480 --> 59:49.480]  or visit us online at bfa.org
[59:49.480 --> 59:59.480]  You're listening to the Logos Radio Network at LogosRadioNetwork.com
[59:59.480 --> 01:00:05.480]  The following news flash is brought to you by The Low Star Lowdown
[01:00:05.480 --> 01:00:16.480]  Markets for Monday the 22nd of July 2019 open with precious metals gold $1,429 an ounce silver $16.45 an ounce copper $2.75 an ounce
[01:00:16.480 --> 01:00:28.480]  oil Texas crude $55.63 a barrel Brent crude $62.47 a barrel and cryptos in order of market cap Bitcoin Core $10,566.52
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[01:00:41.480 --> 01:00:59.480]  Today in history the year 1916 the preparedness day bombing a time suitcase bomb was detonated on Market Street in San Francisco during the World War I preparedness day parade killing 10 and entering 40
[01:00:59.480 --> 01:01:04.480]  Today in history
[01:01:04.480 --> 01:01:24.480]  In recent news since Governor Greg Abbott signed House Bill 1325 legalizing hemp into taxes law back in June county prosecutors around the state including Houston, Austin, San Antonio have been dropping marijuana possession charges and even refusing to file new ones since they are stipulating that they do not have the time or the laboratory equipment to test the earth for THC
[01:01:24.480 --> 01:01:33.480]  Margaret Moore the Travis County District Attorney announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases because of the law
[01:01:33.480 --> 01:01:49.480]  Mr Abbott and other state officials and including the Attorney General stipulated in a letter to County District attorneys back on Thursday that marijuana has not been decriminalized in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works as well as other cities too like the
[01:01:49.480 --> 01:02:12.480]  District Attorney in El Paso Kyma Esparza a Democrat who also stated earlier this month that the law quote will not have an effect on the prosecution of marijuana cases in El Paso however the issue was succinctly summarized by Mr Brandon Ball an assistant public defender in Harris County who stated that quote the law is constantly changing on what makes something illegal based on its chemical makeup
[01:02:12.480 --> 01:02:21.480]  it's important that if someone is charged with something the test matches what they're charged with
[01:02:21.480 --> 01:02:29.480]  a paper by Tulane University identified a five and a half inch American pocket shark as the first of its kind in the Gulf of Mexico
[01:02:29.480 --> 01:02:48.480]  the specimen being only the second pocket shark ever captured or recorded with the other one being found way back in 1979 in the East Pacific Ocean according to the university paper the shark secretes a luminous fluid from a gland near its front fins for the purpose it is hypothesized to lure and pray
[01:02:48.480 --> 01:03:00.480]  maybe drawn into the glow
[01:03:18.480 --> 01:03:33.480]  I will lie by my father's house until he returns I will lie by my father's house
[01:03:33.480 --> 01:03:55.480]  I will lie by my father's house until he returns I will lie by my father's house
[01:03:55.480 --> 01:04:06.480]  I will lie by my father's house until he returns I will lie by my father's house
[01:04:06.480 --> 01:04:33.480]  I will lie by my father's house I will lie by my father's house
[01:04:33.480 --> 01:04:55.480]  Ok we are back Randy Kelton Brett Fountain Rural Radio on this the fifth of November 2021 our four hour info marathon we're going into our fourth hour and we're talking to Jeff in North Carolina and South Carolina and we're
[01:04:55.480 --> 01:05:03.480]  Jeff had all this down and now I forgot it all Brett we were talking about
[01:05:03.480 --> 01:05:29.480]  So I was taking a look at the motor vehicle they've got in South Carolina they've got what they call the South Carolina code of laws title 56 motor vehicles and within that they've got probably what he's going to look for is in chapter five or perhaps chapter one I'm poking around through there right now
[01:05:29.480 --> 01:05:35.480]  The federal government put out a model transportation code
[01:05:35.480 --> 01:05:39.480]  Was that 49 CFR?
[01:05:39.480 --> 01:05:40.480]  I don't know
[01:05:40.480 --> 01:05:42.480]  All these different states adopted
[01:05:42.480 --> 01:05:52.480]  Yes I'm not sure what the number was but I knew they presented one I've never done traffic in federal so I don't have that code in my head
[01:05:52.480 --> 01:06:04.480]  But it was Truman who did this Truman was a road builder before he became president and he was a guest at the weather building roads he said they're building roads for horses and buggies
[01:06:04.480 --> 01:06:17.480]  And running up and down them with these 3,000 pounds of iron and they're slaughtered one another 1949 we were losing 50,000 people a year on the highway
[01:06:17.480 --> 01:06:27.480]  We're losing about that many now and we've probably got a thousand times the number of vehicles on the road
[01:06:27.480 --> 01:06:33.480]  So at that time the roads were incredibly dangerous
[01:06:33.480 --> 01:06:42.480]  One of my early memories is we were driving from Chicago to Tennessee and we stopped in this service station my father was filling up our old 54 Buick
[01:06:42.480 --> 01:06:53.480]  And I went inside and they had a photograph of a 49 Ford and a guy with the steering column sticking all the way through his chest
[01:06:53.480 --> 01:07:01.480]  That kind of stuff don't happen anymore I hit the back of a park semi 70 miles an hour and a 77 Chevy one ton
[01:07:01.480 --> 01:07:13.480]  And if you look at the steering wheel in one of those it's wide in the middle and then the two arms that hold the wheel on the outside they taper down slightly
[01:07:13.480 --> 01:07:20.480]  If you lean up against it you'll find that that taper exactly matches the taper of your ribs
[01:07:20.480 --> 01:07:36.480]  I hit that thing at 70 miles an hour crushed the collapsible link in the steering column and then ripped the steering box off of the frame and it dislocated three ribs
[01:07:36.480 --> 01:07:48.480]  Didn't punch through me didn't kill me did hurt me but we have designed our vehicles so much better these days
[01:07:48.480 --> 01:08:03.480]  That we're not losing any more than we were then so he was concerned about that and he had the he designed the super highways and then Eisenhower built them
[01:08:03.480 --> 01:08:13.480]  But he had them designed and he had the the legislature put together a model transportation code
[01:08:13.480 --> 01:08:24.480]  But it was right after World War two just part of a war for our freedom and our rights and we just began to get automobiles
[01:08:24.480 --> 01:08:38.480]  After World War two the build up to develop the weapons we needed in the war all that equipment was repurposed to build an automobiles
[01:08:38.480 --> 01:08:46.480]  And the automakers flooded the market with automobiles and Americans were getting automobiles and loving their new play toys
[01:08:46.480 --> 01:08:54.480]  They just fought a war for their freedom and they were not going to allow laws restricting their freedom
[01:08:54.480 --> 01:09:00.480]  So the only way they could get this done was trucks
[01:09:00.480 --> 01:09:11.480]  They had these humongous trucks they were building they had horrible brakes they had drivers that had no idea how to drive and the infrastructure was not designed for them
[01:09:11.480 --> 01:09:24.480]  They were destroying the infrastructure slaughtering people everywhere so they passed the states adopted the transportation code for commercial only
[01:09:24.480 --> 01:09:30.480]  And so they had to try to do it for the public in general the public in general would have had a fit
[01:09:30.480 --> 01:09:39.480]  And then it went to the sheriffs and said guys we got this whole new set of laws we want you to enforce and the sheriffs told them go scratch
[01:09:39.480 --> 01:09:48.480]  I don't have the funds to enforce those laws if you want those enforced you have to either come up with some funding or figure something else out
[01:09:48.480 --> 01:09:57.480]  They figured something else out and what they figured out was state police
[01:09:57.480 --> 01:10:05.480]  Our founders did not intend for state police because they knew there was a prescription for disaster
[01:10:05.480 --> 01:10:15.480]  They put the policing power in the hands of county sheriffs in Texas we have 254 of them
[01:10:15.480 --> 01:10:23.480]  In order to have the state police take over the country you would have to get 254 sheriffs to agree to it
[01:10:23.480 --> 01:10:27.480]  That's like herding cats good luck with that
[01:10:27.480 --> 01:10:43.480]  So since the sheriffs didn't want to enforce this extra code they created a state police but the state police were restricted to enforcing the commercial transportation code
[01:10:43.480 --> 01:10:53.480]  And they were forbidden to enforce the criminal laws except at the request of and under the direction of local law enforcement
[01:10:53.480 --> 01:10:58.480]  Our state police were only traffic cops
[01:10:58.480 --> 01:11:08.480]  That's how all this got put together and they only passed it for commercial not for ordinary public transportation
[01:11:08.480 --> 01:11:14.480]  But over the years it seemed necessary because people were slaughtering one another on the highway
[01:11:14.480 --> 01:11:21.480]  We needed to kind of control the behavior we couldn't get it passed through legislature so they just started doing it
[01:11:21.480 --> 01:11:32.480]  There in Texas there is absolutely zero authority for a municipal police officer to enforce the transportation code
[01:11:32.480 --> 01:11:39.480]  Zero what to do it anyway
[01:11:39.480 --> 01:11:45.480]  So read the code Ralph
[01:11:45.480 --> 01:11:55.480]  No I'm talking Jeff now Jeff read the code get the transportation code for South Carolina read through it twice
[01:11:55.480 --> 01:12:02.480]  Read through it twice because stuff at the front refers to stuff at the back refers to stuff in the middle once you've been through it twice
[01:12:02.480 --> 01:12:09.480]  You'll have that this will be your shortcut to understanding all this stuff
[01:12:09.480 --> 01:12:20.480]  Well I'm going to continue to go ahead I'm going to continue to complain a little bit there but I don't know how many times I read title 56
[01:12:20.480 --> 01:12:28.480]  And I read the administrative code the transportation
[01:12:28.480 --> 01:12:36.480]  And these critical links don't appear to be there
[01:12:36.480 --> 01:12:42.480]  Okay here's the deal you don't have to find those critical links
[01:12:42.480 --> 01:12:46.480]  You can simply claim they don't have them
[01:12:46.480 --> 01:12:52.480]  There's a challenge of genetic jurisdiction there's you know like I say about Texas law
[01:12:52.480 --> 01:12:59.480]  The policemen want to say that they have authority to enforce it
[01:12:59.480 --> 01:13:04.480]  Well I can't find anything granting them that authority
[01:13:04.480 --> 01:13:10.480]  So I don't need to think well I just missed something
[01:13:10.480 --> 01:13:17.480]  Now that's not the way the law is designed under the Statutory Construction Act
[01:13:17.480 --> 01:13:23.480]  It has to be designed so that an ordinary person of reasonable prudence
[01:13:23.480 --> 01:13:28.480]  A reasonable person of ordinary prudence can read it and understand it
[01:13:28.480 --> 01:13:35.480]  If I read it and I don't find a specific authority then I must assume it's not there
[01:13:35.480 --> 01:13:39.480]  Ask them to prove it
[01:13:39.480 --> 01:13:42.480]  I'm going to bet they can't
[01:13:42.480 --> 01:13:53.480]  Now there are some states Georgia, Alabama, I think North Carolina
[01:13:53.480 --> 01:14:02.480]  That I know of authorizes all certified peace officers to enforce the transportation code
[01:14:02.480 --> 01:14:06.480]  And Tennessee does on a limited basis
[01:14:06.480 --> 01:14:10.480]  But a good portion of the states do not authorize them at all
[01:14:10.480 --> 01:14:13.480]  It's restricted to the state police
[01:14:13.480 --> 01:14:20.480]  In Texas a sheriff's deputy can enforce the transportation code
[01:14:20.480 --> 01:14:27.480]  If he is a sheriff's deputy in good standing
[01:14:27.480 --> 01:14:31.480]  He is a certified peace officer
[01:14:31.480 --> 01:14:38.480]  And he has been appointed by the county commissioners court as a traffic control officer
[01:14:38.480 --> 01:14:41.480]  And he rides a motorcycle
[01:14:41.480 --> 01:14:46.480]  701.001 Texas Transportation Code
[01:14:46.480 --> 01:14:54.480]  Where one body is specifically authorized to enforce
[01:14:54.480 --> 01:15:08.480]  And another is not that it must be assumed that since the legislature specifically authorized this particular set of officers to enforce
[01:15:08.480 --> 01:15:16.480]  Had they intended that this other group be able to enforce they would have said so
[01:15:16.480 --> 01:15:23.480]  So if you can't find it you must presume it doesn't exist
[01:15:23.480 --> 01:15:31.480]  And accuse them of exerting or purporting to exert an authority they do not expressly have
[01:15:31.480 --> 01:15:34.480]  Does that make sense, Jeff?
[01:15:34.480 --> 01:15:38.480]  Yes, absolutely and I think I'm going off the top of my head here
[01:15:38.480 --> 01:15:43.480]  I think it's Title 23 which established the DPS
[01:15:43.480 --> 01:15:54.480]  I'm sorry at the point where I picked up DPS devolved its authority to the state police and the state patrol
[01:15:54.480 --> 01:16:01.480]  And it says that the state patrol were just for enforcement and traffic laws and safety conditions
[01:16:01.480 --> 01:16:07.480]  And the state police can only deal with commercial transportation
[01:16:07.480 --> 01:16:13.480]  I got that and I questioned the local
[01:16:13.480 --> 01:16:19.480]  I went in and looked at the local sheriff's department and the person there was in their legal department
[01:16:19.480 --> 01:16:25.480]  And I posed the spent general question they went for 20 minutes I held for 20 minutes and came back and went
[01:16:25.480 --> 01:16:33.480]  Yeah, it's a little different than what I thought it appears like it depends on what department or agency you work on which the law is you can enforce
[01:16:33.480 --> 01:16:42.480]  Because they started out with the assumption that well we're a class 1 law enforcement officer so we can enforce all the self-parallel laws
[01:16:42.480 --> 01:16:46.480]  But when they came back they went it was a little different than what we thought
[01:16:46.480 --> 01:16:51.480]  Question, question, can they enforce the plumbing code?
[01:16:51.480 --> 01:16:56.480]  Exactly, right, right, yeah
[01:16:56.480 --> 01:16:59.480]  Can they enforce the electrical codes?
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[01:20:57.480 --> 01:20:59.480]  Okay, we are back
[01:20:59.480 --> 01:21:01.480]  Randy Kelton, Brett Fountain, Rue of Law Radio
[01:21:01.480 --> 01:21:10.480]  And Jeff, just reading through the codes twice, that will lay a foundation
[01:21:10.480 --> 01:21:14.480]  And you know, I studied these codes for 15 years
[01:21:14.480 --> 01:21:22.480]  And after about 15 years, all of the pieces just started clicking into place
[01:21:22.480 --> 01:21:25.480]  There seems to be a critical mass
[01:21:25.480 --> 01:21:31.480]  Once you reach that critical mass, all these pieces start fitting together
[01:21:31.480 --> 01:21:35.480]  So you only got about another decade to go and it will all start to click
[01:21:35.480 --> 01:21:36.480]  Yeah
[01:21:36.480 --> 01:21:39.480]  No, no, no, you got us
[01:21:39.480 --> 01:21:41.480]  Well, let me pose it
[01:21:41.480 --> 01:21:47.480]  Now, this is where my original idea, and I'm sorry, it took so long for me
[01:21:47.480 --> 01:21:50.480]  But where is the situation I'm dealing with right now?
[01:21:50.480 --> 01:21:54.480]  I think if you recall, I said my interest is profit tax
[01:21:54.480 --> 01:21:57.480]  I'm dealing with the assessor and the tax collector
[01:21:57.480 --> 01:22:02.480]  And I'm actually letting a low-value property be sold
[01:22:02.480 --> 01:22:06.480]  So I just work the process and figure out how it goes better
[01:22:06.480 --> 01:22:14.480]  But you say in Texas law, all judges have a magistrate's duty
[01:22:14.480 --> 01:22:18.480]  You can vote the district and sure enough, I just thought, well, let me check this
[01:22:18.480 --> 01:22:21.480]  He keeps saying this, let me, and I went into Texas law and sure enough
[01:22:21.480 --> 01:22:26.480]  Every judge is a magistrate, the Supreme Court justices and all that right down line
[01:22:26.480 --> 01:22:27.480]  South Carolina
[01:22:27.480 --> 01:22:33.480]  Article 2.09, who are judges?
[01:22:33.480 --> 01:22:34.480]  Right, go ahead
[01:22:34.480 --> 01:22:37.480]  But in South Carolina, that's not so
[01:22:37.480 --> 01:22:40.480]  Only magistrates are magistrates
[01:22:40.480 --> 01:22:43.480]  And it does not include any other judges, period
[01:22:43.480 --> 01:22:46.480]  So I'm hitting the steel in there that's making it more difficult
[01:22:46.480 --> 01:22:51.480]  I have multiple criminal charges against magistrates
[01:22:51.480 --> 01:22:55.480]  But all I can do is file with magistrates, the DA won't touch it
[01:22:55.480 --> 01:22:59.480]  And I don't see any reason that they have a responsibility to touch it
[01:22:59.480 --> 01:23:02.480]  The police did the report and she told
[01:23:02.480 --> 01:23:08.480]  Do you have a grand jury in South Carolina?
[01:23:08.480 --> 01:23:13.480]  That's my last opening, I looked into it and I said that's the only avenue I look
[01:23:13.480 --> 01:23:17.480]  That appears to be open to me is to work towards the grand jury
[01:23:17.480 --> 01:23:23.480]  The grand jury was the genius of our founders
[01:23:23.480 --> 01:23:28.480]  Grand juries were put in place primarily for one reason
[01:23:28.480 --> 01:23:34.480]  To protect the public from prosecuting attorneys
[01:23:34.480 --> 01:23:41.480]  Have you looked up duties of grand jurors?
[01:23:41.480 --> 01:23:44.480]  Not yet, not specifically that
[01:23:44.480 --> 01:23:45.480]  I'm just reading it
[01:23:45.480 --> 01:23:47.480]  Oh, do that, do that, do that
[01:23:47.480 --> 01:23:50.480]  In most states, in Texas it says
[01:23:50.480 --> 01:23:59.480]  It shall be the duty of the grand jury to examine into all crimes subject to indictment
[01:23:59.480 --> 01:24:03.480]  That come to their knowledge by way of the
[01:24:03.480 --> 01:24:07.480]  Any member of the grand jury, the prosecuting attorney
[01:24:07.480 --> 01:24:11.480]  Or any credible person
[01:24:11.480 --> 01:24:17.480]  In the Fed, and in most states I've looked at, I know North Carolina, Pennsylvania
[01:24:17.480 --> 01:24:20.480]  No, not Pennsylvania, I'm sorry, North Carolina
[01:24:20.480 --> 01:24:23.480]  North Carolina for sure, because I haven't been that long since I looked at it
[01:24:23.480 --> 01:24:30.480]  It says the grand jury shall look into all crimes subject to indictment
[01:24:30.480 --> 01:24:35.480]  That come to their knowledge by whatever means
[01:24:35.480 --> 01:24:41.480]  It's also that way in California, so this is mostly the way it's done
[01:24:41.480 --> 01:24:54.480]  And what that means is, there are no restrictions on how the grand jury can have it made known to them that a crime has been committed
[01:24:54.480 --> 01:25:06.480]  If anybody takes a little explaining, it goes to the nature of citizenship in a republic
[01:25:06.480 --> 01:25:18.480]  In a republic, a public official may only do what the public official is specifically authorized to do
[01:25:18.480 --> 01:25:29.480]  Citizens can do anything they want to, unless some law that we have had passed through our legislature specifically restricts us in doing that thing
[01:25:29.480 --> 01:25:37.480]  We have agreed as citizens in a republic that we won't kill each other, that we won't steal from each other
[01:25:37.480 --> 01:25:41.480]  And there's a lot of other laws restricting our behavior
[01:25:41.480 --> 01:25:51.480]  But where there is no law restricting our behavior, we can do whatever we want to, like give notice of crime to a grand jury
[01:25:51.480 --> 01:25:57.480]  I had a federal prosecutor tell me once in Florida, in Fort Lauderdale, Florida
[01:25:57.480 --> 01:26:04.480]  If you try to get to the grand jury again, I will charge you with jury tampering
[01:26:04.480 --> 01:26:14.480]  I told him, knock yourself out, you charge me a jury tampering, I'll charge you with obstruction, we'll see how this works out for you
[01:26:14.480 --> 01:26:20.480]  They fired the IRS agent I was after the next day
[01:26:20.480 --> 01:26:26.480]  There is nothing restricting our access to grand jurors
[01:26:26.480 --> 01:26:32.480]  That is the key, it doesn't matter if you get someone indicted or not
[01:26:32.480 --> 01:26:39.480]  If they're put in front of a grand jury, it's like playing Russian roulette
[01:26:39.480 --> 01:26:50.480]  And I have found over the years in pursuing grand juries that it's almost better not to ever get to the grand jury
[01:26:50.480 --> 01:26:54.480]  Just making grand jury noises
[01:26:54.480 --> 01:27:00.480]  If you get to the grand jury 90% of the time, they're going to know be all public officials
[01:27:00.480 --> 01:27:03.480]  And then it's over
[01:27:03.480 --> 01:27:11.480]  When you're trying to get to the grand jury and the prosecutor gets in your way, you file against him with the grand jury
[01:27:11.480 --> 01:27:23.480]  Then you petition a judge to issue a written mandamus ordering the prosecutor to give that to the grand jury and he doesn't do it
[01:27:23.480 --> 01:27:28.480]  Then you file against him with the grand jury
[01:27:28.480 --> 01:27:31.480]  Grand juries are like magic
[01:27:31.480 --> 01:27:37.480]  Absolutely look up grand juries
[01:27:37.480 --> 01:27:48.480]  Okay, yeah, and I did think maybe my only other option was a written mandamus to the general sessions court here
[01:27:48.480 --> 01:27:51.480]  Back to the magistrates though
[01:27:51.480 --> 01:27:59.480]  If we could just go back for a moment, I'm not saying instead of grand jury, but the magistrates
[01:27:59.480 --> 01:28:07.480]  Just because the South Carolina has defined magistrates as their own thing and they don't cross over
[01:28:07.480 --> 01:28:11.480]  If you're saying that no judges are magistrates, that's fine
[01:28:11.480 --> 01:28:16.480]  But the magistrates still have a duty that's imposed by law
[01:28:16.480 --> 01:28:24.480]  And they need to act on it when you present something to them and they can be held accountable for their lawlessness if they decide that they just didn't want to do that
[01:28:24.480 --> 01:28:29.480]  Yeah, and there is an appellate procedure
[01:28:29.480 --> 01:28:39.480]  If a magistrate does not perform his duty, you appeal to the grand jury
[01:28:39.480 --> 01:28:43.480]  They missed that part
[01:28:43.480 --> 01:28:50.480]  You appeal to grand jury to arrest him for official misconduct for failing to perform a duty he's required to perform
[01:28:50.480 --> 01:28:57.480]  And process denying you in the full degree access to or enjoyment of a right
[01:28:57.480 --> 01:29:06.480]  Let him explain to the grand jury why he refused to perform his duty
[01:29:06.480 --> 01:29:08.480]  What do you think?
[01:29:08.480 --> 01:29:17.480]  Yeah, I agree, I believe grand jury's is that and I appeal to the mandamus about all I have left
[01:29:17.480 --> 01:29:21.480]  Well, I'm not going to say all, that's still a lot
[01:29:21.480 --> 01:29:25.480]  Yeah, grand jury, that's a lot
[01:29:25.480 --> 01:29:42.480]  When you start appealing to grand jury's to indict public officials for behavior they do under the color of their office, you will terrify them
[01:29:42.480 --> 01:29:58.480]  I've never got anybody indicted, but I got things changed, a friend of mine sent me a link to a YouTube video of an interview out of Alberta, Canada
[01:29:58.480 --> 01:30:13.480]  And...
[01:30:28.480 --> 01:30:31.480]  No to surveillance and keep your information to yourself
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[01:33:26.480 --> 01:33:31.480]  Okay, we are back, Wendy Kelton, Brett Fountain, Rule of Law Radio
[01:33:31.480 --> 01:33:33.480]  And we're talking to Jeff from South Carolina
[01:33:33.480 --> 01:33:36.480]  Jeff, I've only got two segments left, I've got two callers
[01:33:36.480 --> 01:33:39.480]  Okay, yep
[01:33:39.480 --> 01:33:44.480]  Let me just say in closing this, one small little success, perhaps
[01:33:44.480 --> 01:33:50.480]  I went in and I think it was in the courthouse at October 8th to file papers with the Magistrate
[01:33:50.480 --> 01:33:56.480]  And they had signage all over the place, two to three layers deep on both sides of the door
[01:33:56.480 --> 01:34:00.480]  I sent to the clerk of the court and said I'd like to have a copy of each one of those
[01:34:00.480 --> 01:34:04.480]  Service public notice and I'd like to have your legal authorization for each one
[01:34:04.480 --> 01:34:09.480]  The next time I went in on October 20th, almost all of it was gone
[01:34:09.480 --> 01:34:13.480]  Now I don't know that that was because of me, but I thought it was kind of interesting
[01:34:13.480 --> 01:34:22.480]  So I sent in a file of information request and said I'm still asking for that signage
[01:34:22.480 --> 01:34:26.480]  And your authorization from my original request back on October 8th
[01:34:26.480 --> 01:34:30.480]  I see you've gotten a lot down since then when I came back in
[01:34:30.480 --> 01:34:36.480]  So I thought it looked like they really cleaned up the signage quite a bit
[01:34:36.480 --> 01:34:43.480]  I'd rather have them just get away with just making it, if they just take it down
[01:34:43.480 --> 01:34:48.480]  Can they unring that bell?
[01:34:48.480 --> 01:34:51.480]  What signage?
[01:34:51.480 --> 01:34:56.480]  Thank you so much folks, we are very appreciated and thank you
[01:34:56.480 --> 01:34:58.480]  Have a good night
[01:34:58.480 --> 01:35:00.480]  Okay, thank you Jeff
[01:35:00.480 --> 01:35:11.480]  Now we're going to go to, it looks like a first time caller, if you are in the OECO area 254
[01:35:11.480 --> 01:35:17.480]  Okay, you got it right, okay I've got you unmuted
[01:35:17.480 --> 01:35:23.480]  If you're in a 254 area code, we have you as Jason
[01:35:23.480 --> 01:35:25.480]  Are you a first time caller?
[01:35:25.480 --> 01:35:27.480]  Yes sir
[01:35:27.480 --> 01:35:32.480]  Okay, is Jason your correct name?
[01:35:32.480 --> 01:35:35.480]  Yes, this first is all we need
[01:35:35.480 --> 01:35:41.480]  Okay, so you're obviously in Texas, what do you have for us today?
[01:35:41.480 --> 01:35:46.480]  Oh, I just had a couple things, but since it's late I'll make a short one
[01:35:46.480 --> 01:35:53.480]  I have two suits that I filed for FDCPA violations
[01:35:53.480 --> 01:35:56.480]  They answered one
[01:35:56.480 --> 01:35:59.480]  FDCPA?
[01:35:59.480 --> 01:36:02.480]  FDCPA, yeah
[01:36:02.480 --> 01:36:08.480]  I hate acronyms, acronyms for one about the foreign dogs
[01:36:08.480 --> 01:36:10.480]  I'm sorry?
[01:36:10.480 --> 01:36:14.480]  Is that the one about the foreign dogs?
[01:36:14.480 --> 01:36:24.480]  No, that would be a federal debt protection act or numerous phone calls
[01:36:24.480 --> 01:36:32.480]  Federal Debt Protection Act?
[01:36:32.480 --> 01:36:34.480]  Yes
[01:36:34.480 --> 01:36:39.480]  And the Texas Fair Debt Collection
[01:36:39.480 --> 01:36:45.480]  Oh, that's Fair Debt Collection Practices Act, okay
[01:36:45.480 --> 01:36:51.480]  Okay, and you got some debt collectors
[01:36:51.480 --> 01:36:55.480]  Well, it's a phone company, I filed two of them
[01:36:55.480 --> 01:37:02.480]  One of them is going to alternative dispute resolution
[01:37:02.480 --> 01:37:04.480]  And the other one they didn't answer
[01:37:04.480 --> 01:37:09.480]  And then the other day they called me again and said, oh, how come you didn't tell us about that other one?
[01:37:09.480 --> 01:37:14.480]  Well, it wasn't my place to give you legal advice, so you didn't want to answer and that was up to you
[01:37:14.480 --> 01:37:23.480]  Oh, do you want to take that to ADA? I said no, I'm waiting on my judgment hearing since I filed for that
[01:37:23.480 --> 01:37:26.480]  Did you file for default judgment?
[01:37:26.480 --> 01:37:28.480]  Yes
[01:37:28.480 --> 01:37:30.480]  Did the clerk sign it?
[01:37:30.480 --> 01:37:32.480]  Yes
[01:37:32.480 --> 01:37:37.480]  So you should have a default judgment
[01:37:37.480 --> 01:37:39.480]  Okay
[01:37:39.480 --> 01:37:48.480]  If you file a suit and the other party doesn't respond, you take your petition for default judgment to the clerk
[01:37:48.480 --> 01:38:00.480]  And the clerk can look at the date your suit was served on the party, look in the record and see if there's an answer in the record
[01:38:00.480 --> 01:38:12.480]  And the current date is past the Monday after the 20th day, did he consign the default judgment or she or he?
[01:38:12.480 --> 01:38:15.480]  Did you ask the clerk to do that?
[01:38:15.480 --> 01:38:18.480]  That's what I need to go back and do then
[01:38:18.480 --> 01:38:26.480]  She had filed my motion for the default judgment and stamp it received
[01:38:26.480 --> 01:38:31.480]  I'm on the 21st day, I went in on the 21st day and have that stamp
[01:38:31.480 --> 01:38:34.480]  Okay, what state are you in?
[01:38:34.480 --> 01:38:38.480]  Oh, I'm sorry, Braindead 254, you're in Texas
[01:38:38.480 --> 01:38:44.480]  Yes, the clerk was required to sign your motion for your default judgment
[01:38:44.480 --> 01:38:48.480]  Did you have an order attached to it?
[01:38:48.480 --> 01:38:51.480]  No, I didn't
[01:38:51.480 --> 01:38:54.480]  Okay, what I would like you to do is
[01:38:54.480 --> 01:39:01.480]  What I would like you to do is take the phone and beat yourself around the eyes and ears with it
[01:39:01.480 --> 01:39:04.480]  I do it every day
[01:39:04.480 --> 01:39:11.480]  You bring her an order and this is technical, this is something the clerk can do
[01:39:11.480 --> 01:39:18.480]  She looks at the filing date, looks at the date the accused was served
[01:39:18.480 --> 01:39:28.480]  and then counts to the Monday after the 20th day from that date, you always want to serve them on a Monday
[01:39:28.480 --> 01:39:35.480]  If you serve them on a Monday, the 20th day will be a Sunday
[01:39:35.480 --> 01:39:44.480]  and the Monday after the 20th day will be the next day, so they will get exactly 21 days in which to answer
[01:39:44.480 --> 01:39:53.480]  If you serve them on a Tuesday, the Monday will be the 20th day
[01:39:53.480 --> 01:40:01.480]  So they will have until the next week
[01:40:01.480 --> 01:40:08.480]  This is a technical thing, what he means by that, it doesn't have to go before the judge and be adjudicated
[01:40:08.480 --> 01:40:16.480]  It's just an administrative, she just calculates it, it doesn't have to go have a judge deal with it
[01:40:16.480 --> 01:40:19.480]  Okay
[01:40:19.480 --> 01:40:24.480]  And then what I had, I had two different ones with these same people that I filed at the same time
[01:40:24.480 --> 01:40:29.480]  and they answered one and that's an alternative dispute resolution
[01:40:29.480 --> 01:40:34.480]  and then the other one, they just didn't answer
[01:40:34.480 --> 01:40:36.480]  How did you serve them?
[01:40:36.480 --> 01:40:43.480]  It was the same time from the court, so they were like, oh well, can we get a copy of that?
[01:40:43.480 --> 01:40:52.480]  Sure, I would call you and I knew there was a different way that I hadn't found yet
[01:40:52.480 --> 01:40:56.480]  Wait, did you serve them yourself or did you have the constable to it?
[01:40:56.480 --> 01:41:02.480]  No, the court, it was mailed from the court certifying
[01:41:02.480 --> 01:41:08.480]  Oh, okay, if the court did it, then there's no question about it
[01:41:08.480 --> 01:41:13.480]  So you should have got some adjustment
[01:41:13.480 --> 01:41:21.480]  Since the clerk didn't sign it, if you didn't give her a proposed order and asked her to
[01:41:21.480 --> 01:41:28.480]  One of the things that's a problem with affidavits, affidavits just states facts
[01:41:28.480 --> 01:41:32.480]  It does not move the court
[01:41:32.480 --> 01:41:40.480]  The court cannot, as a general rule, grant you anything that you do not ask for
[01:41:40.480 --> 01:41:41.480]  Okay
[01:41:41.480 --> 01:41:44.480]  And that's why they call it a prayer
[01:41:44.480 --> 01:41:50.480]  They're not using it in a religious context, they're using it in an old English context
[01:41:50.480 --> 01:41:54.480]  Pray means ask
[01:41:54.480 --> 01:41:59.480]  Before the judge can take an action, you have to ask him to take that action
[01:41:59.480 --> 01:42:11.480]  So if the clerk did not give you a default judgment, then you file a motion to compel with the court
[01:42:11.480 --> 01:42:15.480]  And ask them to compel the clerk to give you a default judgment
[01:42:15.480 --> 01:42:21.480]  Or you can ask the judge to give you a default judgment, and that part's over
[01:42:21.480 --> 01:42:26.480]  They can come back and try to show cause as to why they didn't answer
[01:42:26.480 --> 01:42:32.480]  But they're going to have to have a good reason
[01:42:32.480 --> 01:42:37.480]  Are these two cases directly related?
[01:42:37.480 --> 01:42:44.480]  They're both the same for 20 phone calls in a month, but different months at different times
[01:42:44.480 --> 01:42:51.480]  But I just, when I found, figured out when I was kind of half an hour after what I was doing, I filed both of them at the same time
[01:42:51.480 --> 01:43:00.480]  Okay, what you can probably do here, if you can force the court to give you a default judgment, they can always appeal it
[01:43:00.480 --> 01:43:08.480]  So when you force the court to give them a default judgment, then you contact them and say, guys, I got this default judgment against you
[01:43:08.480 --> 01:43:10.480]  You screwed up big time
[01:43:10.480 --> 01:43:15.480]  Let's make a deal, write me a check and we won't go through the courts anymore, we'll just get this done with
[01:43:15.480 --> 01:43:21.480]  Very good chance you'll get the whole thing dropped
[01:43:21.480 --> 01:43:35.480]  I have a friend that took on a debt collector and they retired a $30,000 debt on a credit card and paid her $6,000 to go away
[01:43:35.480 --> 01:43:43.480]  I haven't got that yet, but I got that, she's the same to have filed these two, I filed those two have already paid months ago
[01:43:43.480 --> 01:43:47.480]  Let me see if you keep trying to hold out
[01:43:47.480 --> 01:43:55.480]  Okay, hang on, we're about to go to our sponsors, Randy Kelton, Brett Fountain, Weeva Law Radio, we'll be right back
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[01:46:24.480 --> 01:46:50.480]  The people come down from the hills
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[01:47:10.480 --> 01:47:23.480]  Okay, Ted, Randy Kelton, I lost my place, Randy Kelton, Brett Fountain, Ruvila Radio, we're talking to Ted and Waco?
[01:47:23.480 --> 01:47:28.480]  No, no, no, we're talking to Jason, Ted's coming right up
[01:47:28.480 --> 01:47:35.480]  Ted, do we handle you, Jason, or do you have another question?
[01:47:35.480 --> 01:47:42.480]  Oh, I guess we can hear you better if I unmute you
[01:47:42.480 --> 01:47:45.480]  How's that?
[01:47:45.480 --> 01:47:47.480]  There we go. Ah, there we go.
[01:47:47.480 --> 01:47:56.480]  All right, yes, you did handle it. I've got others, but there's Ted down the line, and I can call back next week with another exciting adventure
[01:47:56.480 --> 01:47:59.480]  Wonderful, thank you
[01:47:59.480 --> 01:48:07.480]  Okay, now we're going to go to Ted in Utah. Hello, Ted
[01:48:07.480 --> 01:48:10.480]  Hi, Randy, how are you doing?
[01:48:10.480 --> 01:48:14.480]  We're doing good. What do you have for us?
[01:48:14.480 --> 01:48:19.480]  My Vicious Dog Ticket that I talked a year ago to you on
[01:48:19.480 --> 01:48:23.480]  Whoa, say that again, I missed it. What kind of ticket?
[01:48:23.480 --> 01:48:33.480]  I got a Vicious Dog Ticket. I asked for a free trial.
[01:48:33.480 --> 01:48:37.480]  I'm just kind of giving you an update.
[01:48:37.480 --> 01:48:54.480]  Meanwhile, the judge died. COVID came along and the numbers have been happening. They went through a couple judges because they won't work for such low pay.
[01:48:54.480 --> 01:49:12.480]  And here, a couple of months ago, I received a phone call from the clerk, wanting to set up a phone free trial conference with the prosecutor.
[01:49:12.480 --> 01:49:24.480]  And they only do it on Wednesdays. Well, I'm busy on Wednesdays. I can't do it. And I informed her I was busy on Wednesdays.
[01:49:24.480 --> 01:49:33.480]  And she says, well, that's the only day he'll do it. I said, there's four other days in a week. He only does it on Wednesdays.
[01:49:33.480 --> 01:49:44.480]  I said, well, I can't do it Wednesday. So I will see you in court. And that was the end of the conversation. I have heard nothing since.
[01:49:44.480 --> 01:49:47.480]  Is this a traffic citation?
[01:49:47.480 --> 01:49:49.480]  Vicious Dog.
[01:49:49.480 --> 01:49:52.480]  Oh, I'm sorry. Vicious Dog. That's right.
[01:49:52.480 --> 01:50:02.480]  This is the one where your dog was accused of attacking some other dog and nobody actually saw it or something like that.
[01:50:02.480 --> 01:50:03.480]  Yes.
[01:50:03.480 --> 01:50:05.480]  Right. Right.
[01:50:05.480 --> 01:50:11.480]  Brett, you remember that? That's annoying.
[01:50:11.480 --> 01:50:14.480]  That's about as much of it as I can remember.
[01:50:14.480 --> 01:50:15.480]  Okay.
[01:50:15.480 --> 01:50:20.480]  And I do remember also that his dog wouldn't hurt a flea.
[01:50:20.480 --> 01:50:22.480]  Right.
[01:50:22.480 --> 01:50:28.480]  So, okay, where are you at right now?
[01:50:28.480 --> 01:50:33.480]  I just wait to hear something else from the court. I'm trying.
[01:50:33.480 --> 01:50:42.480]  Have you been checking the court records because they won't always notify you?
[01:50:42.480 --> 01:50:45.480]  No. How do I do that?
[01:50:45.480 --> 01:50:48.480]  Call down to the court clerk.
[01:50:48.480 --> 01:50:56.480]  Yeah. See, if they do that to you, then they're going to issue a warrant for your arrest.
[01:50:56.480 --> 01:51:03.480]  And you're stuck with having to come down there and show that we weren't giving proper notice.
[01:51:03.480 --> 01:51:23.480]  And when you're talking about classy misdemeanor issues, if you have the audacity to stand up to them, then they'll use these kind of techniques so they can accumulate more charges against you in order to force you to make a deal.
[01:51:23.480 --> 01:51:28.480]  Unless you send your copy of it, you're supposed to get notice of whatever is happening.
[01:51:28.480 --> 01:51:39.480]  And they'll send a copy of your copy to an old address that they know is your old address just so they can say they send it to you.
[01:51:39.480 --> 01:51:43.480]  And then when you don't show, they issue a failure to appear.
[01:51:43.480 --> 01:51:47.480]  Now, a failure to appear is a lot more serious than a traffic ticket.
[01:51:47.480 --> 01:51:57.480]  They'll say, oh, we're good guys. We'll help you out. If you will cop to the traffic ticket, we will drop the failure to appear.
[01:51:57.480 --> 01:51:59.480]  The vicious dog.
[01:51:59.480 --> 01:52:06.480]  The vicious dog. I keep going back to traffic tickets.
[01:52:06.480 --> 01:52:16.480]  If you'll cop to the classy misdemeanor, we will drop the classy misdemeanor failure to appear, even though they trapped you.
[01:52:16.480 --> 01:52:19.480]  Yeah.
[01:52:19.480 --> 01:52:29.480]  Well, they've all, everything else I've heard from the court has been by a certified letter.
[01:52:29.480 --> 01:52:35.480]  Yeah, don't expect the court to notify you. That's a big problem.
[01:52:35.480 --> 01:52:51.480]  They want to get you in a one down position so that the minor charge they brought against you will pale before the classy misdemeanor failure to appear.
[01:52:51.480 --> 01:53:02.480]  Yes, you want to go down to the court clerk, go physically if you can, down to the court clerk and show up over there and just say, I would like to see the record.
[01:53:02.480 --> 01:53:14.480]  I'd like to see the file. And if it's all digital, you could even put in a request for all of the metadata about the file.
[01:53:14.480 --> 01:53:20.480]  I want to see all the notes and comments that you've been making in your office here on my case.
[01:53:20.480 --> 01:53:33.480]  So it's not actually the documents, but they will, they will be very surprised that you asked for that. But when you get it, it's sometimes the lightning that it went back and forth between the judge and the prosecutor saying this and that.
[01:53:33.480 --> 01:53:38.480]  And that can be an embarrassment for them.
[01:53:38.480 --> 01:53:42.480]  But then you want to ask for them to just drop what? Go ahead.
[01:53:42.480 --> 01:53:55.480]  I use that to say, I don't want to see copies. I want to see the original record in the media in which it is stored.
[01:53:55.480 --> 01:54:05.480]  If it's stored in a file cabinet, I want you to pull it out of the file cabinet. If it's stored electronically, I want it electronically.
[01:54:05.480 --> 01:54:13.480]  Because when it's stored electronically, like Brett said, it has a metadata attached to it.
[01:54:13.480 --> 01:54:23.480]  When it was filed, where it was filed from, all kinds of stuff on there. But if they didn't take that record and print it out, it doesn't print out the metadata.
[01:54:23.480 --> 01:54:34.480]  Right. Who was logged in at the time? It shows you the hours, minutes and seconds instead of just showing that it was filed on 817 a month and a day.
[01:54:34.480 --> 01:54:42.480]  They may want to say, well, that's the perfect information. And I'm going to say that doesn't matter. It's a public record.
[01:54:42.480 --> 01:54:52.480]  Yeah. They're administering your records. It's not their records. They're handling them for you. They're hard to do that.
[01:54:52.480 --> 01:55:02.480]  But yeah, in addition to the records, you also, I'm thinking it's a good idea to just ask them to drop the whole case because failure to prosecute.
[01:55:02.480 --> 01:55:16.480]  I have this thing for want of prosecution. If they're not following up and making it happen to see this through to a resolution, you want this thing to just go away.
[01:55:16.480 --> 01:55:21.480]  Do you have a speedy trial act in Utah?
[01:55:21.480 --> 01:55:23.480]  Yes.
[01:55:23.480 --> 01:55:38.480]  Okay. Every state has a speedy trial right because that reflects the fence. But what does your speedy trial statute say about how long they have to prosecute a particular issue?
[01:55:38.480 --> 01:55:54.480]  Every day. But case law and the only case I went for two years before the court said the court.
[01:55:54.480 --> 01:56:01.480]  Oh, good. Okay. I just found a brief in Texas on this issue. The legislature and the Constitution dictates. The Constitution says that you have a right to speedy trial.
[01:56:01.480 --> 01:56:15.480]  The legislature passed a statute 3202A enacting statute that commanded a speedy trial.
[01:56:15.480 --> 01:56:33.480]  Well, that statute said that if a speedy trial is not accorded, that's 30 days for a Class C, 60s for a B, 90 for a C, for A, and then went up to felonies.
[01:56:33.480 --> 01:56:36.480]  Can I interrupt a minute?
[01:56:36.480 --> 01:56:45.480]  Can I interrupt it? After the program ends, can I talk for about three minutes to somebody off there about donations?
[01:56:45.480 --> 01:57:03.480]  No, we can't do that with our technology, but we would have to drop off here and call back. If you'll give me 10 minutes after the show ends, do you have my email?
[01:57:03.480 --> 01:57:08.480]  Yeah, I've sent you an email and I never got a response.
[01:57:08.480 --> 01:57:13.480]  That's odd. I might not have got it.
[01:57:13.480 --> 01:57:22.480]  Call me about 10 minutes after the show ends at 940-399-9922.
[01:57:22.480 --> 01:57:28.480]  Oh, give me a minute. I've got to get a pen.
[01:57:28.480 --> 01:57:35.480]  I've got a pen. No, that ain't sure if I can stand it.
[01:57:35.480 --> 01:57:57.480]  So, Randy, do you think this would be an opportunity for him to also file a petition for a writ of habeas corpus because they're holding him in a limbo state claiming that his dog is dangerous or whatever and holding him to stand and answer for something that they're not following through to get him to a trial about it?
[01:57:57.480 --> 01:58:11.480]  Okay, I'm not sure about Utah, but at least in Texas, the courts will not entertain a habeas corpus unless you're actually confined in jail.
[01:58:11.480 --> 01:58:15.480]  Give me the period. Liberty is restrained.
[01:58:15.480 --> 01:58:30.480]  Time is up. Do you have a pen? Give me that number. 940-399-9922.
[01:58:30.480 --> 01:58:45.480]  You got it? 940-399-399-9922. No, no. 399-399-9922.
[01:58:45.480 --> 01:58:50.480]  9922. Okay, we're out of time.
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