[00:00.000 --> 00:07.000]  The following use flash is brought to you by the Lowstar Lowdowns.
[00:30.000 --> 00:49.000]  Today in history, the year 1972, the last Apollo Moon mission Apollo 17 has launched, during which the crew took the famous photograph known as the Blue Marble as they left the Earth.
[00:49.000 --> 00:58.000]  Apollo 17, last of the Apollo Moon missions, took flight today in history.
[00:58.000 --> 01:13.000]  In recent years, in 2017 alone, law enforcement agencies and prosecutors throughout the state of Texas confiscated more than $50 million in cash, cars, jewelry, clothing, art and other property via both criminal forfeiture which requires charge and civil forfeiture which doesn't.
[01:13.000 --> 01:21.000]  And since the Texas Attorney General's office, which keeps tabs on these figures, does not distinguish between the two, it's unclear as to how much was taken from people who were never charged.
[01:21.000 --> 01:30.000]  The practice of civil forfeiture has been under scrutiny for several years now, with the ACLU, legislators and even former Texas Supreme Court judges raising criticisms against such actions.
[01:30.000 --> 01:38.000]  Unfortunately, it's not much of a veil as of yet due mostly to the resistance from police union and sheriffs who argue it's necessary for solving crime across the state.
[01:38.000 --> 01:48.000]  Seems that next year might bring about more attempts to reforming these practices, the last successful ones of which were back in 2011.
[01:48.000 --> 02:04.000]  Texas Governor Greg Abbott and several officials at the Texas Department of Public Safety were sued by the national civil rights nonprofit Equal Justice Under the Law last Wednesday in an attempt to end Texas' driver responsibility program that apparently led to the suspension of 1.4 million Texas driver licenses.
[02:04.000 --> 02:17.000]  The program imposes surcharges like $250 per year for three years for driving with an in-battle license and up to $2,000 per year for three years for a DWI charge where the driver is caught with a blood alcohol level of 0.16 or higher.
[02:17.000 --> 02:24.000]  And surcharges for drivers who have too many points on their licenses for moving violations or moving violations resulting in an accident.
[02:24.000 --> 02:37.000]  Phil Tilafein, the lead attorney in the case and executive director of Equal Justice Under the Law stated that quote, this unfair license suspension scheme particularly targets Texas' most impoverished residents who are often unaware additional charges are owed under the DRP.
[02:37.000 --> 02:42.000]  Individuals who cannot pay will often lose their job and their home, becoming homeless.
[02:42.000 --> 02:45.000]  For a minor ticket, net wealthier drivers simply pay and forget.
[02:45.000 --> 02:55.000]  Houston Democrat Boris Miles and Edgewood Republican Bob Hall have both filed bills that would end the driver responsibility program.
[02:55.000 --> 03:23.000]  Here's a quick roadie with your lowdown for December 7th, 2018.
[03:23.000 --> 03:31.000]  Okay, we are back. Randy Kelton, rule of law radio and we're talking to Adam in Texas.
[03:31.000 --> 03:36.000]  Okay, go ahead, Adam.
[03:36.000 --> 03:43.000]  Okay, so I got a complaint filed with the Texas Rangers.
[03:43.000 --> 03:49.000]  So you're saying now the best thing to do is just how do I make sure that they didn't just forget.
[03:49.000 --> 03:55.000]  Okay, this is, let me explain how all this happened.
[03:55.000 --> 04:11.000]  Prior to this, prior to the legislature assigning the public integrity unit to the Texas Rangers, a ranger could not take a complaint against a public official.
[04:11.000 --> 04:24.000]  A ranger could not even investigate an allegation against a public official without the written permission of the director of the Department of Public Safety himself.
[04:24.000 --> 04:34.000]  So Ron Earl gets the legislature to assign funds for a public integrity unit.
[04:34.000 --> 04:40.000]  And when that started, I started raising the issue that that was illegal because of 2.03.
[04:40.000 --> 04:52.000]  And then after Ron Earl misused the public integrity unit horribly, the legislature took it away from them and gave it to the Texas Rangers.
[04:52.000 --> 04:56.000]  So now the director had a problem.
[04:56.000 --> 05:13.000]  He could no longer politically control investigations of public officials because the Rangers were given specific statutory authorization and the specific duty to investigate.
[05:13.000 --> 05:28.000]  But the legislature required the Texas Rangers to develop a protocol and their protocol called for the ranger to go ask the permission of the prosecuting attorney.
[05:28.000 --> 05:36.000]  They're trying to keep control of prosecutions against public officials.
[05:36.000 --> 05:44.000]  The problem they had with that one is that the prosecutor was statutorily forbidden.
[05:44.000 --> 05:48.000]  Now we need to hammer them on that.
[05:48.000 --> 05:59.000]  And that puts us in a position to raise some really ugly accusations against everybody involved, especially the director.
[05:59.000 --> 06:04.000]  The higher they are, the higher up they are in a political hierarchy.
[06:04.000 --> 06:11.000]  The people they have below them that wants their position, so the more political enemies they tend to have.
[06:11.000 --> 06:15.000]  And what I keep saying is you're not going to frighten these people.
[06:15.000 --> 06:18.000]  They're not going to be afraid of you.
[06:18.000 --> 06:24.000]  What they're going to be afraid of is the political cannon fodder you'll give to their enemies.
[06:24.000 --> 06:34.000]  I once got all of the highest judges in Texas, the court of criminal appeals, all nine of them put in front of a grand jury.
[06:34.000 --> 06:37.000]  So my bad or what?
[06:37.000 --> 06:40.000]  Well, not exactly.
[06:40.000 --> 06:49.000]  It turns out Ron Earl, 25-year district attorney, he's not running for office again.
[06:49.000 --> 06:53.000]  He's a Democrat, all nine of these judges are Republicans.
[06:53.000 --> 06:57.000]  Had nothing to do with me.
[06:57.000 --> 07:03.000]  Had nothing to do with all the problems I gave him and all my eloquent oratory.
[07:03.000 --> 07:06.000]  Had nothing to do with any of that.
[07:06.000 --> 07:15.000]  I gave Ron Earl a political cannon fodder he could use against his political enemies.
[07:15.000 --> 07:17.000]  This is where the power is.
[07:17.000 --> 07:22.000]  This is the part we need to understand.
[07:22.000 --> 07:28.000]  When somebody says, oh, well, my father's complete, they won't do nothing.
[07:28.000 --> 07:30.000]  Well, maybe.
[07:30.000 --> 07:47.000]  But if you file that complaint, and it's out there stirring around, the one you filed it against is going to be worried that one of his political enemies is going to pick that up and beat him up with it.
[07:47.000 --> 07:51.000]  They probably won't, but what if they do?
[07:51.000 --> 07:55.000]  We always assume the worst is going to happen.
[07:55.000 --> 08:06.000]  Now, when you do this to them, do you think they're going to come to you and say, hey, man, you really caused me a lot of trouble?
[08:06.000 --> 08:10.000]  Not going to happen.
[08:10.000 --> 08:17.000]  They're going to do everything they can to get you to think that what you did had no effect.
[08:17.000 --> 08:22.000]  It's like the bar grievances.
[08:22.000 --> 08:30.000]  I just had someone send me an email the other day and he said, you know, I wasn't so sure about bar grievances, but you were right.
[08:30.000 --> 08:32.000]  He's in a municipal court.
[08:32.000 --> 08:37.000]  He said every time he goes to court, they got a different set of lawyers.
[08:37.000 --> 08:40.000]  And then he hammers those and bar grieves those.
[08:40.000 --> 08:44.000]  The next time he goes, he's got different lawyers.
[08:44.000 --> 08:48.000]  Because once he hammers these lawyers, they don't want to be there again.
[08:48.000 --> 08:50.000]  They get out of here.
[08:50.000 --> 08:53.000]  And, you know, I had Russell Morton on one of my favorites.
[08:53.000 --> 08:56.000]  He was in a bankruptcy.
[08:56.000 --> 09:00.000]  Halfway through the bankruptcy, they changed lawyers and changed law firms.
[09:00.000 --> 09:10.000]  At the end of the bankruptcy, the first law firm came in and said that Mr. Mortland bar grieved me three times.
[09:10.000 --> 09:15.000]  And the next year, my law firm almost couldn't get malpractice insurance.
[09:15.000 --> 09:19.000]  And when they did it, nearly doubled.
[09:19.000 --> 09:22.000]  I said, they told us to the court.
[09:22.000 --> 09:29.000]  I said, Russell, did you bar grieve them for that?
[09:29.000 --> 09:33.000]  Politics works.
[09:33.000 --> 09:42.000]  I struggle with getting people to understand that it doesn't work the way we think it does.
[09:42.000 --> 09:48.000]  We need to believe that the law applies.
[09:48.000 --> 09:52.000]  I had Ralph Winnerwood on my show one time.
[09:52.000 --> 09:56.000]  And he was saying that the law doesn't apply.
[09:56.000 --> 10:00.000]  Well, I knew what he was saying was true.
[10:00.000 --> 10:07.000]  But the way he was saying it would give people an impression that they could ignore it and they'd wind up going to jail.
[10:07.000 --> 10:10.000]  I have a friend, Art Patton, out of North Carolina.
[10:10.000 --> 10:19.000]  He said, I turned into your show the other day and heard my two favorite people in all the world on the radio at the same time.
[10:19.000 --> 10:22.000]  You and Ralph Winnerwood.
[10:22.000 --> 10:23.000]  Oh, you heard that, huh?
[10:23.000 --> 10:24.000]  Yeah, I did.
[10:24.000 --> 10:27.000]  You were crawling down Ralph's throat.
[10:27.000 --> 10:30.000]  He said, yes, I was.
[10:30.000 --> 10:33.000]  He's telling everybody that the law doesn't apply.
[10:33.000 --> 10:36.000]  And he was right.
[10:36.000 --> 10:38.000]  I said, well, the Constitution apply.
[10:38.000 --> 10:40.000]  I know the Constitution doesn't apply.
[10:40.000 --> 10:41.000]  And he was right.
[10:41.000 --> 10:43.000]  Well, what applies, Ralph?
[10:43.000 --> 10:45.000]  Well, the National Register.
[10:45.000 --> 10:47.000]  You have to go to the National Register.
[10:47.000 --> 10:49.000]  So that's really nice, Ralph.
[10:49.000 --> 10:53.000]  The National Register is about 150,000 pages.
[10:53.000 --> 10:56.000]  I'm sorry, 60,000 pages.
[10:56.000 --> 10:59.000]  It's going to be a little more specific.
[10:59.000 --> 11:01.000]  Oh, you got to go to the National Register.
[11:01.000 --> 11:07.000]  When Art Tutor and I was telling him, don't you come on my show telling people that the Statutes don't apply?
[11:07.000 --> 11:15.000]  Because it's got those guys out there with guns and they think the Statutes apply and they're going to act like the Statutes apply.
[11:15.000 --> 11:18.000]  They're going to haul you before court that thinks the Statutes apply.
[11:18.000 --> 11:25.000]  When they throw you behind in the clinker, it's going to feel like the Statutes apply.
[11:25.000 --> 11:28.000]  But at the end of the day, he was right.
[11:28.000 --> 11:33.000]  At the end of the day, it's politics.
[11:33.000 --> 11:41.000]  The Statutes are just a framework that you use to orchestrate the politics.
[11:41.000 --> 11:44.000]  You want your case dismissed.
[11:44.000 --> 11:47.000]  They don't care what the law says.
[11:47.000 --> 11:54.000]  They don't dismiss your case if it's politically expedient, not otherwise.
[11:54.000 --> 11:59.000]  If we're going to win our cases, we have to understand the politics.
[11:59.000 --> 12:08.000]  Politics is not necessarily a bad thing.
[12:08.000 --> 12:13.000]  Not understanding that it's politics, that's the bad thing.
[12:13.000 --> 12:26.000]  Once you understand the politics and how it works, you can manipulate the system in a way that these public officials can't deal with.
[12:26.000 --> 12:34.000]  When I tell people, when you walk into a courthouse, you are the baddest motor scooter in the building.
[12:34.000 --> 12:36.000]  There's only one reason.
[12:36.000 --> 12:40.000]  It's because you're not a judge, a prosecutor, a clerk, a bailiff.
[12:40.000 --> 12:42.000]  They're all public servants.
[12:42.000 --> 12:45.000]  You, you're the master.
[12:45.000 --> 12:48.000]  And they better not forget it.
[12:48.000 --> 12:53.000]  Adam, have you ever been in the military?
[12:53.000 --> 12:55.000]  No, sir, not officially.
[12:55.000 --> 13:05.000]  Okay, when I was in the military, if a general was going to show up on the base, we had to go pick up every blade of grass.
[13:05.000 --> 13:12.000]  We had to pick up every cigarette, but the place had to be absolutely spotless.
[13:12.000 --> 13:23.000]  And there was only one person on the base that the higher-ups feared more than a general coming down.
[13:23.000 --> 13:27.000]  It was a civilian.
[13:27.000 --> 13:38.000]  Because only the civilian can march into the general's office and crawl down his throat like he was an errant stepchild.
[13:38.000 --> 13:48.000]  Because the military fully understands that the civilian is the master of the servant and they are the servants.
[13:48.000 --> 13:56.000]  And they know that when that civilian gets through with that general, everybody's in trouble.
[13:56.000 --> 14:01.000]  Our courts need to understand the same thing, the same rules apply.
[14:01.000 --> 14:05.000]  We just don't understand if we don't know it.
[14:05.000 --> 14:16.000]  Once we understand how the rules work, then the public officials, they have to deal with us.
[14:16.000 --> 14:22.000]  They're going to do everything they can to give you the impression what you're doing is not having an effect.
[14:22.000 --> 14:28.000]  But I guarantee you when I was talking to Rick, did you file criminal charges yet?
[14:28.000 --> 14:30.000]  And he said no.
[14:30.000 --> 14:35.000]  People have a fear of criminal charges.
[14:35.000 --> 14:43.000]  These public officials file them against you and it causes you major problems.
[14:43.000 --> 14:57.000]  And somehow we didn't make the mental change-up that we didn't realize that when we file criminal charges against them,
[14:57.000 --> 15:03.000]  it causes them the same kinds of major problems politically.
[15:03.000 --> 15:11.000]  Politically, a criminal complaint against a public official is like dropping an atomic bomb on them.
[15:11.000 --> 15:17.000]  They always assume the worst is going to happen.
[15:17.000 --> 15:23.000]  They're pretty sure that the officials around them will get in line to protect them.
[15:23.000 --> 15:33.000]  But what happens when an official fails to do what is required to do in order to protect his buddy and all of a sudden you land on that one?
[15:33.000 --> 15:38.000]  Then they figure, that guy set us up for that.
[15:38.000 --> 15:46.000]  This guy is coming down here trying to get us to do things so he can ruin our careers.
[15:46.000 --> 15:51.000]  Well, that's not the reason, but that's what we can do. That's what you and I can do.
[15:51.000 --> 15:55.000]  And there is not anything they can do about it.
[15:55.000 --> 16:00.000]  The most powerful thing is the criminal complaint.
[16:00.000 --> 16:06.000]  The day you file that first criminal complaint, you become a protected class.
[16:06.000 --> 16:16.000]  Well, when I file a criminal complaint, just go ahead and give me sage advice and let me know,
[16:16.000 --> 16:22.000]  oh, you really should be careful. You could get in a lot of trouble.
[16:22.000 --> 16:24.000]  9-1-1.
[16:24.000 --> 16:27.000]  Go ahead and tell me that.
[16:27.000 --> 16:30.000]  I'm just waiting for you to tell me that.
[16:30.000 --> 16:36.000]  9-1-1-1 and accuse you of felony retaliation for threatening me.
[16:36.000 --> 16:39.000]  Oh, I didn't mean that as a threat. It doesn't matter what you meant.
[16:39.000 --> 16:42.000]  It matters how I took it.
[16:42.000 --> 16:44.000]  And if I take it as a threat, it's a threat.
[16:44.000 --> 16:49.000]  And now you've got to explain why you were threatening me.
[16:49.000 --> 16:52.000]  I hope all this makes sense.
[16:52.000 --> 16:56.000]  This is my favorite subject. That's why I kind of get off on these tirades.
[16:56.000 --> 17:03.000]  Hang on. We'll be right back.
[17:03.000 --> 17:11.000]  It's the 2018 Logos Radio Network Annual Fundraiser and Gun Giveaway, sponsored by Central Texas Gunworks.
[17:11.000 --> 17:15.000]  Go to logosradionetwork.com and enter to win.
[17:15.000 --> 17:19.000]  Every $25 donation is a chance to win.
[17:19.000 --> 17:25.000]  From Central Texas Gunworks, the grand prize up for grabs is the Spikes Tactical AR-15.
[17:25.000 --> 17:28.000]  More prizes and sponsors to be announced.
[17:28.000 --> 17:34.000]  When you purchase Randy Kelton's e-book, Legal 101, you get four chances to win.
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[17:38.000 --> 17:43.000]  And remember, every $25 donation is a chance to win.
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[17:47.000 --> 17:52.000]  so we can keep bringing you the best quality programming on Talk Radio today.
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[18:00.000 --> 18:05.000]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[18:21.000 --> 18:25.000]  What to do when contacted by phones, mail, or court summons?
[18:25.000 --> 18:27.000]  How to answer letters and phone calls?
[18:27.000 --> 18:29.000]  How to get debt collectors out of your credit report?
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[18:41.000 --> 18:47.000]  For more information, please visit ruleoflawradio.com and click on the blue Michael Meyers banner.
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[18:52.000 --> 18:58.000]  Or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[18:58.000 --> 19:20.000]  Learn how to stop debt collectors next.
[19:20.000 --> 19:24.000]  Okay, we are back. Randy Kelton, rule of law radio.
[19:24.000 --> 19:30.000]  Adam, don't get me started. Sometimes I don't know when to stop.
[19:30.000 --> 19:39.000]  This part is so important to me in all these years of research and working with officials.
[19:39.000 --> 19:46.000]  I've got some things sorted out, but it's hard to make that make sense to people.
[19:46.000 --> 19:51.000]  Have I beat this dead horse long enough, Adam?
[19:51.000 --> 19:57.000]  I guess, though, the public integrity unit received it.
[19:57.000 --> 20:03.000]  Obviously, they responded back to me, and they sent it to another ranger.
[20:03.000 --> 20:07.000]  What duties does he have? Does he have a duty to take it to a local max straight?
[20:07.000 --> 20:15.000]  Does he have a duty to ask the DA permission to investigate, or does he have discretion over all of it?
[20:15.000 --> 20:23.000]  2.13, Texas Code of Criminal Procedure. When a peace officer is made known that a crime has been committed,
[20:23.000 --> 20:27.000]  he shall present a complaint to some magistrate.
[20:27.000 --> 20:34.000]  When a prosecuting attorney is made known that a crime has been committed, he shall present a complaint to some magistrate.
[20:34.000 --> 20:41.000]  Everything in law directs a criminal complaint to a magistrate.
[20:41.000 --> 20:46.000]  Nothing directs a complaint to a prosecuting attorney.
[20:46.000 --> 20:58.000]  The law does say that a prosecuting attorney can act on a complaint when one is brought to it, but nothing directs it to him.
[20:58.000 --> 21:09.000]  It's directed to a magistrate, and the magistrate is directed to send it to the court clerk, and the court clerk is directed to send it to the grand jury.
[21:09.000 --> 21:12.000]  That's what the law says.
[21:12.000 --> 21:30.000]  So the prosecutor has a duty to, I'm sorry, the Texas Ranger acting in the capacity of a peace officer is required to present the complaint to some magistrate under 2.13.
[21:30.000 --> 21:33.000]  Code of Criminal Procedure.
[21:33.000 --> 21:40.000]  So do I just go around to the local magistrates and see if anything could follow them?
[21:40.000 --> 21:43.000]  Let's see if the Ranger did anything with it?
[21:43.000 --> 21:51.000]  No, just to send a letter to the Ranger and ask him which magistrate he sent the complaints to.
[21:51.000 --> 21:58.000]  Okay, if he says I haven't done anything with it in the last two weeks, then I go after him, the director of the GPS, and everybody.
[21:58.000 --> 22:01.000]  Exactly.
[22:01.000 --> 22:04.000]  You set him up.
[22:04.000 --> 22:09.000]  I once sued Denton County, Texas.
[22:09.000 --> 22:12.000]  I sued Denton County, Texas for $11 million.
[22:12.000 --> 22:16.000]  I sued 24 litigants.
[22:16.000 --> 22:19.000]  All of them public officials.
[22:19.000 --> 22:24.000]  I sued them all for following policy.
[22:24.000 --> 22:26.000]  Except one.
[22:26.000 --> 22:29.000]  My worst nightmare.
[22:29.000 --> 22:33.000]  I sued him because he was a jerk.
[22:33.000 --> 22:39.000]  But all the rest of them, I sued them for following policy.
[22:39.000 --> 22:42.000]  And this is what you want to do.
[22:42.000 --> 22:50.000]  You want to get them to follow policy and then sting them for following policy.
[22:50.000 --> 22:55.000]  This creates a political quackmire for these guys.
[22:55.000 --> 22:57.000]  Take a policeman.
[22:57.000 --> 23:01.000]  The municipal policeman pulls you over and writes you a ticket.
[23:01.000 --> 23:06.000]  First thing I do is file a professional conduct complaint against him.
[23:06.000 --> 23:10.000]  Six of those and he's toast.
[23:10.000 --> 23:14.000]  He is unbondable.
[23:14.000 --> 23:22.000]  The bonding companies will increase the agency's bond rating if they keep this officer.
[23:22.000 --> 23:29.000]  They're going to terminate him and if he tries to get a job somewhere else, he's got six professional conduct complaints against him.
[23:29.000 --> 23:31.000]  Nobody will touch him.
[23:31.000 --> 23:33.000]  The officer knows that.
[23:33.000 --> 23:36.000]  So the chief sends him out to write these tickets.
[23:36.000 --> 23:38.000]  He writes me a ticket.
[23:38.000 --> 23:40.000]  He gets a professional conduct complaint.
[23:40.000 --> 23:46.000]  Well, T-Clo, Texas.
[23:46.000 --> 23:54.000]  It's the licensing agency for police officers.
[23:54.000 --> 23:56.000]  Other ones are certified police officers.
[23:56.000 --> 24:01.000]  I file a complaint with them just like bar grievances are going to trash them.
[24:01.000 --> 24:08.000]  But we don't care because they've got a bonding agent who keeps track of those.
[24:08.000 --> 24:16.000]  And each one of those increases your level of risk from an insurance perspective.
[24:16.000 --> 24:26.000]  And it's this agent's job to charge his client as much as you possibly can and avoid paying any claims.
[24:26.000 --> 24:32.000]  So he's just looking for a reason to raise the bond rating.
[24:32.000 --> 24:35.000]  We know that they're not going to act properly on the complaints.
[24:35.000 --> 24:42.000]  Good. If they act properly on the complaints, it wouldn't automatically harm the officer.
[24:42.000 --> 24:48.000]  But since they don't, we can file an absolutely invalid complaint against the officer.
[24:48.000 --> 24:49.000]  It makes no difference.
[24:49.000 --> 24:52.000]  It's going to sting him just the same.
[24:52.000 --> 24:54.000]  So they send the officer out to write a ticket.
[24:54.000 --> 24:55.000]  He writes a ticket.
[24:55.000 --> 24:58.000]  He gets a professional conduct complaint.
[24:58.000 --> 25:01.000]  He goes, his boss, what the heck is this?
[25:01.000 --> 25:03.000]  I didn't do anything wrong here.
[25:03.000 --> 25:05.000]  I followed your policy.
[25:05.000 --> 25:09.000]  And this guy's filing a complaint against me.
[25:09.000 --> 25:11.000]  And cops, dude, he's going to tell me, don't worry about it.
[25:11.000 --> 25:13.000]  Go out and write another ticket.
[25:13.000 --> 25:16.000]  Yeah, you go write another ticket.
[25:16.000 --> 25:17.000]  I'm out of here.
[25:17.000 --> 25:22.000]  Scott Richardson did that in Dallas County.
[25:22.000 --> 25:25.000]  And the first two cops, he filed a professional conduct complaint.
[25:25.000 --> 25:30.000]  So the next time he went to court, they weren't with the department any longer.
[25:30.000 --> 25:31.000]  They got out of there.
[25:31.000 --> 25:36.000]  Heck, with this, I'm not going to let this guy ruin my career.
[25:36.000 --> 25:37.000]  That's not law.
[25:37.000 --> 25:41.000]  That's politics.
[25:41.000 --> 25:46.000]  Is this making sense, how we think about going after him?
[25:46.000 --> 25:48.000]  Yeah, it makes sense.
[25:48.000 --> 25:52.000]  So I could, you know, I could go the Texas Ranger route.
[25:52.000 --> 25:55.000]  And at the same time, I could take one of those four.
[25:55.000 --> 25:57.000]  No, I guess it's too late now.
[25:57.000 --> 26:03.000]  I guess that's the question is, what if the Texas Ranger got my criminal complaint a week before the statute of limitations,
[26:03.000 --> 26:06.000]  and we just sat on it and didn't take it to magistrate,
[26:06.000 --> 26:09.000]  and then the magistrate would say, well, I know we got it.
[26:09.000 --> 26:11.000]  So the statute of limitations is moving out.
[26:11.000 --> 26:19.000]  You file, no, no, once the Ranger got it, the clock is stopped.
[26:19.000 --> 26:20.000]  Okay.
[26:20.000 --> 26:23.000]  You made the time limit.
[26:23.000 --> 26:24.000]  Great.
[26:24.000 --> 26:25.000]  Okay.
[26:25.000 --> 26:30.000]  But if the Ranger doesn't act on it, wonderful, you get to kick the Ranger.
[26:30.000 --> 26:36.000]  You get to kick the Ranger for following policy.
[26:36.000 --> 26:43.000]  And it's their policy that the Ranger decides whether or not he thinks a crime's been committed.
[26:43.000 --> 26:50.000]  Well, if the Ranger personally saw or heard the offense being committed,
[26:50.000 --> 26:57.000]  or somebody told him they thought this guy did something wrong, and the Ranger went and investigated,
[26:57.000 --> 27:03.000]  and he didn't find enough evidence to believe something was wrong, the Ranger would have that option.
[27:03.000 --> 27:15.000]  But in this case, the Ranger was given notice by verified criminal affidavit by way of a credible person.
[27:15.000 --> 27:18.000]  Essentially, his master.
[27:18.000 --> 27:27.000]  The Ranger has no power to circumvent your determination.
[27:27.000 --> 27:36.000]  When you make the verified affidavit that makes the criminal complaint,
[27:36.000 --> 27:39.000]  the officer is required to give that to some magistrate.
[27:39.000 --> 27:44.000]  We don't care what his opinion is, and I tell him that all the time.
[27:44.000 --> 27:48.000]  Well, I don't think a crime's been committed. I don't care what you think.
[27:48.000 --> 27:53.000]  I'm not here to get your opinion. I'm here to invoke your duty.
[27:53.000 --> 27:58.000]  And they tell me, well, I'm not going to file it, so I don't care.
[27:58.000 --> 28:02.000]  I got to come to you, and I got to get you to refuse.
[28:02.000 --> 28:07.000]  I'll just go to the next step, so you snuck yourself out.
[28:07.000 --> 28:15.000]  And at the same time, I can also mail the criminal affidavit to a prosecuting attorney,
[28:15.000 --> 28:20.000]  whether it be county or district attorney, and now they're all going to do some about it all,
[28:20.000 --> 28:25.000]  so I can chase that to walk up that street, too, right?
[28:25.000 --> 28:29.000]  Exactly. I went to my prosecuting attorney once.
[28:29.000 --> 28:37.000]  I went back to his office and reached in my pocket, and I pulled out a dime.
[28:37.000 --> 28:42.000]  The bailiff is sitting there, and I knew him real well, and I put this dime on his desk.
[28:42.000 --> 28:46.000]  Prosecutor leaned up and looked down at that dime, and he said,
[28:46.000 --> 28:51.000]  Mr. Kelton, I take it you're going to tell me what that's for.
[28:51.000 --> 28:57.000]  I said, yes, I figured since I was going to put you on one,
[28:57.000 --> 29:01.000]  at least I could do is give it to you.
[29:01.000 --> 29:05.000]  I thought the bailiff was going to fall out on the floor,
[29:05.000 --> 29:11.000]  but you get to put the prosecutor on the dime,
[29:11.000 --> 29:16.000]  and you hope that the prosecutor doesn't do what he's supposed to.
[29:16.000 --> 29:21.000]  Now you can take him to the district judge.
[29:21.000 --> 29:29.000]  He's not only a policeman, he's directed to a magistrate.
[29:29.000 --> 29:34.000]  A magistrate is required any time he is presented with a criminal complaint
[29:34.000 --> 29:37.000]  to hold an examining trial.
[29:37.000 --> 29:44.000]  You are the primary one that files the complaint.
[29:44.000 --> 29:49.000]  When an officer files a complaint with a magistrate, he does it as a private citizen,
[29:49.000 --> 29:53.000]  not as a police officer, and I'll address that when we come back on the other side.
[29:53.000 --> 30:02.000]  Randy Kelton with our radio, we'll be right back.
[30:02.000 --> 30:06.000]  The Bill of Rights contains the first ten amendments of our Constitution.
[30:06.000 --> 30:09.000]  They guarantee the specific freedoms Americans should know and protect.
[30:09.000 --> 30:11.000]  Our liberty depends on it.
[30:11.000 --> 30:14.000]  I'm Dr. Catherine Albright, and I'll be right back with an unforgettable way
[30:14.000 --> 30:17.000]  to remember one of your constitutional rights.
[30:17.000 --> 30:19.000]  Privacy is under attack.
[30:19.000 --> 30:22.000]  When you give up data about yourself, you'll never get it back again.
[30:22.000 --> 30:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:27.000 --> 30:32.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:32.000 --> 30:35.000]  Privacy, it's worth hanging on to.
[30:35.000 --> 30:38.000]  This public service announcement is brought to you by StartPage.com,
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[30:50.000 --> 30:52.000]  or a pair of X-ray goggles.
[30:52.000 --> 30:56.000]  That imagery reminds me that the Fourth Amendment guarantees Americans freedom
[30:56.000 --> 30:58.000]  from unreasonable search and seizure.
[30:58.000 --> 31:01.000]  Fourth Amendment? Four I's staring at you? Get it?
[31:01.000 --> 31:04.000]  Unfortunately, the government is trampling our Fourth Amendment rights
[31:04.000 --> 31:06.000]  in the name of security.
[31:06.000 --> 31:10.000]  Case in point, TSA airport scanners that peer under your clothing.
[31:10.000 --> 31:14.000]  When government employees demand a pee at your privates without probable cause,
[31:14.000 --> 31:17.000]  they say it's time to sound the constitutional alarm bells.
[31:17.000 --> 31:20.000]  Join me in asking our representatives to dust off the Bill of Rights
[31:20.000 --> 31:24.000]  and use their googly eyes to take a gander at the Fourth.
[31:24.000 --> 31:46.000]  Look at your Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:55.000 --> 31:58.000]  In today's America, we live in an unsuggested society.
[31:58.000 --> 32:01.000]  If we, the people, are ever going to have a free society,
[32:01.000 --> 32:04.000]  then we're going to have to stand and defend our own rights.
[32:04.000 --> 32:07.000]  Among those rights are the right to travel freely from place to place,
[32:07.000 --> 32:09.000]  the right to act in our own private capacity,
[32:09.000 --> 32:11.000]  and most importantly, the right to due process of law.
[32:11.000 --> 32:15.000]  Traffic courts afford us the least expensive opportunity to learn how to enforce
[32:15.000 --> 32:17.000]  and preserve the rights of our citizens.
[32:17.000 --> 32:19.000]  If you're a member of our criminal community,
[32:19.000 --> 32:22.000]  you may be able to vote for the current State Department.
[32:22.000 --> 32:25.880]  opportunity to learn how to enforce and preserve our rights through due process.
[32:25.880 --> 32:29.400]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the
[32:29.400 --> 32:33.160]  most comprehensive teaching tool available that will help you understand what due process
[32:33.160 --> 32:35.560]  is and how to hold courts to the rule of law.
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[32:39.560 --> 32:40.880]  ordering your copy today.
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[33:02.560 --> 33:24.040]  Live Free Speech Radio, LogosRadionetwork.com.
[33:32.560 --> 33:34.560]  Okay, we are back.
[33:34.560 --> 33:43.560]  Randy Kelton, Rule of Law Radio, and we're talking to Adam in Texas.
[33:43.560 --> 33:44.560]  This is a procedure.
[33:44.560 --> 33:47.400]  Adam, have you been listening to the show for a while?
[33:47.400 --> 33:48.400]  Yes, sir.
[33:48.400 --> 33:54.280]  So, I kind of got that because you kind of understand the procedure.
[33:54.280 --> 34:02.520]  When a police officer files a criminal complaint with a magistrate, he must, he must, he must
[34:02.520 --> 34:06.720]  verify that criminal accusation.
[34:06.720 --> 34:10.160]  He must swear to it under oath.
[34:10.160 --> 34:17.800]  The only people who can swear under oath are credible persons.
[34:17.800 --> 34:24.240]  Not prosecutors, not police officers, but only credible persons.
[34:24.240 --> 34:32.040]  So, when the police officer swears out a criminal complaint and files it with a magistrate,
[34:32.040 --> 34:36.920]  he doesn't do that in his capacity as a police officer.
[34:36.920 --> 34:41.040]  He does that in his capacity as a credible person.
[34:41.040 --> 34:48.640]  Credible person is defined in law as a person over the age of majority 18, never convicted
[34:48.640 --> 34:50.400]  of a felony.
[34:50.400 --> 34:54.120]  So, most of us meet that criteria.
[34:54.120 --> 34:58.480]  The policeman is no different when he steps before the magistrate.
[34:58.480 --> 35:03.280]  He has no more power or authority to file that complaint with a magistrate than you
[35:03.280 --> 35:05.600]  do.
[35:05.600 --> 35:10.000]  They do not want us to know or understand that.
[35:10.000 --> 35:18.360]  They want us to think that we are some kind of a civilian in an occupied country and they
[35:18.360 --> 35:21.360]  are the occupiers.
[35:21.360 --> 35:24.240]  I was in an occupied country.
[35:24.240 --> 35:27.480]  I was military in an occupied country.
[35:27.480 --> 35:35.600]  I don't ever want to be a civilian in an occupied country and I will not have my police treating
[35:35.600 --> 35:38.240]  me as if I am a civilian.
[35:38.240 --> 35:41.200]  I am not a civilian.
[35:41.200 --> 35:42.960]  I am the master.
[35:42.960 --> 35:48.320]  They are the servants and they are not to forget it.
[35:48.320 --> 35:52.880]  If they forget it, it's our fault because we haven't sung them enough.
[35:52.880 --> 35:58.320]  So back to the policeman, when he files, he files as a private citizen.
[35:58.320 --> 36:05.240]  So you have the same authority to file with the magistrate as the policeman does.
[36:05.240 --> 36:11.920]  And when you file with the magistrate, the magistrate has the same duty to act that
[36:11.920 --> 36:20.000]  he does when a policeman or prosecutor or another judge or anybody else files a complaint
[36:20.000 --> 36:21.880]  with him.
[36:21.880 --> 36:26.080]  They all come to him as a credible person.
[36:26.080 --> 36:28.760]  Does that make sense?
[36:28.760 --> 36:31.560]  Yes, sir.
[36:31.560 --> 36:37.640]  So the criminal complaint from the director and the director does what goes to the attorney
[36:37.640 --> 36:39.680]  general or the DA?
[36:39.680 --> 36:40.680]  No.
[36:40.680 --> 36:47.840]  Attorney general has, well, okay, the attorney general has been given prosecutorial power.
[36:47.840 --> 36:51.600]  He didn't have that until a few years ago.
[36:51.600 --> 36:59.160]  The only thing the attorney general could prosecute before, I think it was sometime
[36:59.160 --> 37:06.680]  in the 80s or 90s, the only thing he could prosecute, the only thing he had original
[37:06.680 --> 37:15.640]  jurisdiction to prosecute was open records violations by district attorneys.
[37:15.640 --> 37:19.800]  That's the only thing.
[37:19.800 --> 37:28.720]  And then about 10, eight or 10 years ago, they changed the law so that the attorney
[37:28.720 --> 37:39.120]  general had concurrent and jurisprudential authority over complaints against public officials.
[37:39.120 --> 37:42.360]  But the attorney general doesn't seem to understand that.
[37:42.360 --> 37:46.960]  He still thinks he has to get permission.
[37:46.960 --> 37:54.160]  Similar to this time, the attorney general could assist a prosecuting attorney.
[37:54.160 --> 37:56.600]  But they did not have original jurisdiction.
[37:56.600 --> 38:00.880]  The prosecutor would have to agree to it and ask for their help.
[38:00.880 --> 38:06.680]  Then the law changed so that the attorney general has prosecutorial power and a complaint
[38:06.680 --> 38:10.560]  against a public official.
[38:10.560 --> 38:13.920]  He has concurrent jurisdiction with a prosecutor.
[38:13.920 --> 38:17.560]  So he no longer needs to ask permission.
[38:17.560 --> 38:23.400]  But these attorney general lawyers don't seem to understand that.
[38:23.400 --> 38:28.680]  It's an issue we can fight that I just haven't gotten to yet.
[38:28.680 --> 38:32.760]  If you go to the attorney general with criminal complaints, he's going to direct you to a
[38:32.760 --> 38:34.960]  prosecutor saying that he doesn't have authority.
[38:34.960 --> 38:38.000]  And you're going to say, yes, you do.
[38:38.000 --> 38:45.400]  The new law says you have concurrent jurisdiction, but that's a fight if you want to have that
[38:45.400 --> 38:46.920]  fight.
[38:46.920 --> 38:53.000]  So I haven't used the attorney general for that reason.
[38:53.000 --> 38:56.520]  It's more straightforward.
[38:56.520 --> 39:02.480]  The only way I will, if I want to include the attorney general, I will file the complaints
[39:02.480 --> 39:07.400]  with them and when the attorney general doesn't do the same thing that I would expect to prosecute
[39:07.400 --> 39:15.360]  you, I'll file against the attorney general with the state supreme.
[39:15.360 --> 39:20.960]  But I haven't included him for the most part because he's kind of a state official and
[39:20.960 --> 39:26.840]  he's outside of the loop.
[39:26.840 --> 39:31.600]  He's not in the normal prosecutorial process, so I've kind of stayed away from him.
[39:31.600 --> 39:37.720]  We do certainly file with him or the DA.
[39:37.720 --> 39:38.720]  Or the DA.
[39:38.720 --> 39:45.040]  I like the DAs because from the DA, I can go straight to the district court.
[39:45.040 --> 39:50.120]  And depending on who all I want to engage, you could go from the district court to the
[39:50.120 --> 39:56.320]  court of appeals, to the court of criminal appeals, to the supreme.
[39:56.320 --> 40:01.120]  I have filed a number of criminal complaints against the chief justice of the supreme for
[40:01.120 --> 40:06.480]  not acting in his capacity as a magistrate.
[40:06.480 --> 40:12.200]  He's the most political guy in the state, most political judge.
[40:12.200 --> 40:17.360]  Everybody wants his position, so you start dumping criminal complaints on him.
[40:17.360 --> 40:21.440]  He's going to be an unhappy camper.
[40:21.440 --> 40:24.040]  But you are the citizen, so you can do that.
[40:24.040 --> 40:28.120]  It don't make any difference how high in government he is.
[40:28.120 --> 40:32.200]  He still answers to you.
[40:32.200 --> 40:35.320]  So you can go to him, go ahead.
[40:35.320 --> 40:38.840]  I could also file with the county attorney or I've got to go straight to the DA.
[40:38.840 --> 40:39.840]  No, no.
[40:39.840 --> 40:52.920]  You can file with any prosecutor, any judge, all okay, 2.09, who are magistrates, the supreme
[40:52.920 --> 40:59.800]  justices of the supreme court, judges of the court of criminal appeals, judges of the court
[40:59.800 --> 41:07.240]  of appeals, district judges, county judges, justices of the peace, municipal court judges,
[41:07.240 --> 41:08.240]  and recorders.
[41:08.240 --> 41:11.200]  I have no idea what a recorder is.
[41:11.200 --> 41:16.200]  I can't find anything in law that tells me specifically what that is.
[41:16.200 --> 41:19.440]  But they're all magistrates.
[41:19.440 --> 41:25.800]  A prosecuting attorney or a policeman, when they're given, when they have knowledge that
[41:25.800 --> 41:31.400]  a crime has been committed, they're required to present a complaint to a magistrate.
[41:31.400 --> 41:36.120]  So that's kind of how the structure works.
[41:36.120 --> 41:42.920]  Robert Hopkins, district judge in Tarrant County, I'm sorry, Travis County, Bushwack,
[41:42.920 --> 41:46.800]  Jimini's courtroom, with criminal complaints against the district attorney.
[41:46.800 --> 41:51.000]  Well, Mr. Calton, these are criminal complaints, yes, they are.
[41:51.000 --> 41:56.560]  Well, Mr. Calton, I'm a district judge, and district judges in Travis County don't take
[41:56.560 --> 41:58.920]  criminal complaints.
[41:58.920 --> 42:04.560]  I said, well, I'm not here to invoke your duty as a district judge.
[42:04.560 --> 42:10.080]  I'm here to invoke your duty as a magistrate, and that's a duty from which you may not shield
[42:10.080 --> 42:11.080]  yourself.
[42:11.080 --> 42:17.120]  And he looked over at the bailiff and back at me, and I know what he was thinking, because
[42:17.120 --> 42:21.680]  I had criminal complaints against all the highest judges in Texas, court of criminal
[42:21.680 --> 42:22.680]  appeals.
[42:22.680 --> 42:30.200]  He saw his whole career pass before his eyes, but he was thinking, if I had that bailiff
[42:30.200 --> 42:33.440]  shoot this guy, could I get away with it?
[42:33.440 --> 42:36.440]  Because he knew it was right.
[42:36.440 --> 42:44.760]  District judge is a magistrate, and when you present them with a verified criminal affidavit,
[42:44.760 --> 42:50.800]  you have invoked their duty, and it is a duty from which they cannot shield themselves.
[42:50.800 --> 42:54.680]  They try to, but under law they can't.
[42:54.680 --> 42:58.480]  So, yeah, you can give it to anybody.
[42:58.480 --> 43:00.680]  And Jimmy, I'm looking at it politically.
[43:00.680 --> 43:03.880]  Who do I want to engage?
[43:03.880 --> 43:07.200]  How does the politics work?
[43:07.200 --> 43:15.040]  Generally, if I got a municipal judge over here, I want to sting the county judge, because
[43:15.040 --> 43:19.880]  that's where his stuff is appealed to.
[43:19.880 --> 43:24.840]  And so I'll go to the county, and when the county doesn't act, then I go to the district
[43:24.840 --> 43:30.800]  attorney, to the district judge, and then depending on who I want to engage, I'll work
[43:30.800 --> 43:35.120]  my way out.
[43:35.120 --> 43:36.120]  Does that make sense?
[43:36.120 --> 43:37.120]  Yes, sir.
[43:37.120 --> 43:39.880]  Well, that, yeah, that's pretty much the answer is that.
[43:39.880 --> 43:41.600]  Real quick, though, back to discovery.
[43:41.600 --> 43:42.600]  Okay, hang on.
[43:42.600 --> 43:43.600]  About to go to break.
[43:43.600 --> 43:52.440]  We'll pick this up on the other side, Randy Kelton, Rue La Radio, our call in number 5126461984.
[43:52.440 --> 44:01.400]  We'll be right back.
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[46:15.120 --> 46:31.840]  Okay, we are back, Randy Kelton, rule of law radio, and we're talking to Adam in Texas.
[46:31.840 --> 46:32.840]  Okay, go ahead, Adam.
[46:32.840 --> 46:33.840]  You had another question.
[46:33.840 --> 46:39.560]  Yeah, I want to file this for discovery in a municipal board, Anderson.
[46:39.560 --> 46:49.840]  Okay, what the courts say is that you don't have a right to discovery in a municipal case.
[46:49.840 --> 46:55.360]  They say that, but I can't find any support for that.
[46:55.360 --> 46:56.360]  Right.
[46:56.360 --> 47:03.800]  Well, I've already, yeah, well, they've already told me, you know, at first I went for public
[47:03.800 --> 47:10.680]  information requests and they tried to deny me, so I just started hammering the judge
[47:10.680 --> 47:14.240]  with bar grievances and just chronic complaints.
[47:14.240 --> 47:17.640]  I even did criminal charges on them with the attorney general for denying me access to
[47:17.640 --> 47:20.560]  the open records and violating open record tax.
[47:20.560 --> 47:24.920]  So I did all that and beat on them, beat on them, and then finally they sent me a letter
[47:24.920 --> 47:25.920]  to them.
[47:25.920 --> 47:30.240]  They said I could come over there and inspect any open record in the court, just one file
[47:30.240 --> 47:31.240]  at a time.
[47:31.240 --> 47:39.320]  Well, my question, and I also said, at first when they were trying to not let me have it,
[47:39.320 --> 47:43.000]  they said, oh, that's discovery stuff and you can file a discovery motion with the
[47:43.000 --> 47:44.000]  prosecutor office.
[47:44.000 --> 47:48.360]  So I guess they're already saying I can file a discovery within a month or four.
[47:48.360 --> 47:55.720]  My question is I'm just trying to get a copy of the file without having to go over there.
[47:55.720 --> 47:59.000]  Number one, because it's pretty far away, and number two, I'm scared they're going to
[47:59.000 --> 48:04.560]  arrest me because they got this piddly bench worn out, so, but can the warrant...
[48:04.560 --> 48:07.560]  Okay, you don't have to inspect it.
[48:07.560 --> 48:11.680]  You can send an agent to inspect it.
[48:11.680 --> 48:16.280]  Okay, okay.
[48:16.280 --> 48:23.480]  So if you've got a friend, you need someone who's not afraid of them, and they need two
[48:23.480 --> 48:29.200]  or three recording devices on them.
[48:29.200 --> 48:32.360]  So if they see one, they don't get the other one.
[48:32.360 --> 48:34.560]  Generally they never think to ask for a second one.
[48:34.560 --> 48:38.920]  If they tell you to turn off the first one, it never occurs to them that you may have
[48:38.920 --> 48:40.720]  a second one.
[48:40.720 --> 48:42.800]  I had one judge that did.
[48:42.800 --> 48:48.840]  She knew me and took my phone away from me and I said, but you're on her.
[48:48.840 --> 48:53.840]  I wanted to record these proceedings so I could put them on YouTube.
[48:53.840 --> 48:56.200]  Mr. Maynard, take his phone.
[48:56.200 --> 48:57.360]  Take the phone.
[48:57.360 --> 49:01.280]  She starts the case again and she stops.
[49:01.280 --> 49:09.840]  Mr. Kelton, do you have any other device on your person that can record these proceedings?
[49:09.840 --> 49:14.760]  Oh, judge, I was hoping you wouldn't ask me that.
[49:14.760 --> 49:24.560]  And I had a zip drive hooked onto my name tag with my ID tag with Velcro and I pulled
[49:24.560 --> 49:30.040]  that off and turned the little switch off and gave it to the baby.
[49:30.040 --> 49:34.960]  She starts the court again, stops.
[49:34.960 --> 49:44.200]  Mr. Kelton, do you have any other records, judge, pulling out of my pocket?
[49:44.200 --> 49:51.400]  Now that was fun, but you probably don't want to try that.
[49:51.400 --> 49:55.920]  She wouldn't have me arrested, but she knew who I was and didn't want to have that fight
[49:55.920 --> 49:56.920]  with me.
[49:56.920 --> 50:04.680]  But, you know, take two and tell them that you want to record and when they say no, turn
[50:04.680 --> 50:09.920]  it off and leave the other one on, make sure you have it recorded or make sure the person
[50:09.920 --> 50:15.440]  has a witness with it.
[50:15.440 --> 50:18.960]  These guys are lie like dogs.
[50:18.960 --> 50:23.240]  Did you hear the show last night?
[50:23.240 --> 50:24.800]  I think the first half of it.
[50:24.800 --> 50:27.520]  Yeah, so you heard James Coons.
[50:27.520 --> 50:34.320]  If he hadn't recorded the proceedings, they would have put him in jail.
[50:34.320 --> 50:40.160]  But they lied like dogs about what went on in the courtroom.
[50:40.160 --> 50:43.040]  None of this stuff happened.
[50:43.040 --> 50:46.720]  They made up this whole litany of stuff.
[50:46.720 --> 50:51.440]  They didn't know he had a couple of recordings of it.
[50:51.440 --> 50:54.840]  Because of that, he got everything thrown out.
[50:54.840 --> 50:59.440]  But if you have someone go there, make sure that you have a witness and if he does have
[50:59.440 --> 51:05.520]  a witness, have a recording device on you, at least a couple of them, in case they ask
[51:05.520 --> 51:11.920]  me to turn off one, we had some guys, a guy from New York play us the recording of the
[51:11.920 --> 51:19.840]  officers who took the first recording device and he's got a recording of them trying to
[51:19.840 --> 51:24.240]  figure out how to erase it.
[51:24.240 --> 51:26.240]  That was a hoot.
[51:26.240 --> 51:30.680]  Okay, but yeah, send somebody else down if you're concerned that they're going to set
[51:30.680 --> 51:32.320]  a trap for you.
[51:32.320 --> 51:36.440]  Do you have anybody who's not afraid of them?
[51:36.440 --> 51:40.560]  Yeah, I might have some one person.
[51:40.560 --> 51:49.360]  Do you have someone who's not afraid of them who doesn't feel compelled to fight with them?
[51:49.360 --> 51:50.360]  Yeah.
[51:50.360 --> 51:51.360]  Good.
[51:51.360 --> 51:52.360]  Good.
[51:52.360 --> 51:54.640]  That's what you need.
[51:54.640 --> 51:59.520]  You need someone who feels immune from them.
[51:59.520 --> 52:00.520]  That makes them crazy.
[52:00.520 --> 52:06.440]  Yeah, I definitely might not have that person, but how can they still have an warrant out
[52:06.440 --> 52:10.560]  for me when I'm actively corresponding with the court over the last six months?
[52:10.560 --> 52:14.080]  How can they still have this pay-away bench warrant saying that I failed to appear when
[52:14.080 --> 52:16.520]  they never even gave you?
[52:16.520 --> 52:27.560]  If you think there is a bench warrant for failure to appear, then you might want to file a motion
[52:27.560 --> 52:32.240]  to withdraw the bench warrant.
[52:32.240 --> 52:35.880]  So that I can come in and inspect the record?
[52:35.880 --> 52:36.880]  Yes.
[52:36.880 --> 52:44.920]  Since you are dealing with the court and appearing before the court by mail and by phone and
[52:44.920 --> 52:53.960]  by other means, that you are appearing before the court, if they refuse, then what I suggest
[52:53.960 --> 53:00.080]  is you get, what do you expect the bail to be, about $400 or $500 bucks?
[53:00.080 --> 53:06.720]  Go down to the court when the court's in session, walk into the court and tell the judge that
[53:06.720 --> 53:13.120]  you're here and you want to clear this warrant they have against you.
[53:13.120 --> 53:22.000]  If they then arrest you and take you to jail, book you and then release you on bail, then
[53:22.000 --> 53:24.680]  you file a criminal against the judge.
[53:24.680 --> 53:30.080]  Right, because the new code is if I go in there and make an effort to have the needs
[53:30.080 --> 53:31.960]  laid, they have to let the warrant go.
[53:31.960 --> 53:39.760]  They can't just come in and say, Well, what the warrant says, arrest this person and bring
[53:39.760 --> 53:41.760]  him before me.
[53:41.760 --> 53:45.640]  If you're standing there right in front of him, it doesn't make much sense.
[53:45.640 --> 53:46.640]  Now, does it?
[53:46.640 --> 53:48.640]  They'll go ahead and arrest you.
[53:48.640 --> 53:49.640]  Yeah.
[53:49.640 --> 53:50.640]  Exactly.
[53:50.640 --> 53:58.440]  That you were already before the magistrate, so to take you to jail is false imprisonment.
[53:58.440 --> 54:01.680]  That's their policy, their standard procedure.
[54:01.680 --> 54:05.000]  They need to book you through, well, no, they don't.
[54:05.000 --> 54:10.640]  They feel like they need to, you know, it serves their administrative convenience, but
[54:10.640 --> 54:18.280]  you don't care about their administrative convenience, and whoever arrests you in front
[54:18.280 --> 54:24.440]  of the magistrate for the purpose of taking you before the magistrate, and then he takes
[54:24.440 --> 54:29.880]  you out from the presence of the magistrate when he's required to take you to the presence
[54:29.880 --> 54:35.240]  of the magistrate, and he's prominently displaying a deadly weapon that's first degree
[54:35.240 --> 54:37.240]  felony aggravated assault.
[54:37.240 --> 54:43.040]  Okay, so I could use it to my favor if they mess it up enough, or just send them a motion
[54:43.040 --> 54:47.480]  saying, hey, y'all can just stand down, I need to come in here and set the record.
[54:47.480 --> 54:53.840]  Yes, and if they're really PO'd as you, they may refuse to if they're not very smart, and
[54:53.840 --> 54:56.400]  it's just something you'll have to deal with.
[54:56.400 --> 54:57.400]  Gotcha.
[54:57.400 --> 55:03.400]  That's why I tell people, always appear, always.
[55:03.400 --> 55:09.320]  If it's improper, like if they call you down for an arraignment hearing, and it's a classy
[55:09.320 --> 55:14.160]  misdemeanor, file criminal charges against them.
[55:14.160 --> 55:15.960]  I do that all the time.
[55:15.960 --> 55:25.040]  Southlake, I filed 58 felony simulating the legal process and impersonating a public official
[55:25.040 --> 55:32.200]  against a brand new young prosecutor.
[55:32.200 --> 55:36.040]  He had no idea what was coming at her.
[55:36.040 --> 55:39.520]  One of these cattle call things, you know, that first appearance to have your peer before
[55:39.520 --> 55:46.240]  in prosecutor, and I asked the bailiff for the judge, and well, there's no judge here.
[55:46.240 --> 55:50.600]  So they called this guy up, I was going with somebody else, and he's going back, and I
[55:50.600 --> 55:54.480]  go, I go with him in the prosecutor, and the bailiff said, but wait, wait, wait, you can't
[55:54.480 --> 55:55.480]  go in there.
[55:55.480 --> 55:56.720]  I said, sure, I can.
[55:56.720 --> 55:57.720]  I'm with him.
[55:57.720 --> 56:00.080]  I'm going to go talk to the prosecutor with him.
[56:00.080 --> 56:03.080]  Oh, no, no, you only he can go in there.
[56:03.080 --> 56:10.480]  Oh, well, in that case, I need you to go there and arrest that prosecutor.
[56:10.480 --> 56:16.200]  Uh, I need to give my boss a good move.
[56:16.200 --> 56:24.520]  I asked the sergeant to arrest the prosecutor and the judge, and he refused on both counts.
[56:24.520 --> 56:27.920]  I went to the justice of the peace and filed 58 counts.
[56:27.920 --> 56:31.320]  I got the appearance docket for that day.
[56:31.320 --> 56:33.560]  There were 58 people on it.
[56:33.560 --> 56:36.080]  There was no judge in the building.
[56:36.080 --> 56:43.440]  I filed 58 counts of impersonating a public official against the prosecutor.
[56:43.440 --> 56:51.720]  I filed 58 counts of simulating legal process against the judge.
[56:51.720 --> 56:53.880]  That was great fun.
[56:53.880 --> 56:58.320]  I need more people doing that.
[56:58.320 --> 57:05.320]  So, if you go down there and they arrest you in front of the magistrate for the purpose
[57:05.320 --> 57:11.880]  of taking you before the magistrate, then you file criminally against the bailiff and
[57:11.880 --> 57:23.160]  the magistrate, and that one, you could be able to sue the magistrate for because crimes
[57:23.160 --> 57:31.760]  are not within scope, so that would give you a shot at him.
[57:31.760 --> 57:34.800]  All right, well, Randy, I think that's all I got, man.
[57:34.800 --> 57:36.600]  I want to give it a hint to somebody else.
[57:36.600 --> 57:37.600]  Thank you very much.
[57:37.600 --> 57:38.600]  Okay.
[57:38.600 --> 57:42.720]  I don't know why I spent more time than I needed to, but this is kind of not just my
[57:42.720 --> 57:46.680]  favorite subject, but the most important subject we do on this show.
[57:46.680 --> 57:50.840]  We understand what you're doing, you know, you're down there kicking there behinds,
[57:50.840 --> 57:55.840]  and if we get a lot of other people doing what you're doing, we'll get this thing turned
[57:55.840 --> 57:56.840]  around.
[57:56.840 --> 57:58.440]  So, thank you, Adam.
[57:58.440 --> 58:01.840]  Okay, now we're going to go to Eric and Georgia.
[58:01.840 --> 58:05.400]  Hello, Eric.
[58:05.400 --> 58:09.560]  Very quickly, we've got 45 seconds before break.
[58:09.560 --> 58:12.960]  I think that Georgia revised master forms that you gave me.
[58:12.960 --> 58:17.320]  They're a sense of email at your Randy at rule of law.com page.
[58:17.320 --> 58:23.640]  They just want to make sure that you got them, and I need a question about how do I advise
[58:23.640 --> 58:30.520]  the court to tell them and the prosecutor that I've had a change of address and make
[58:30.520 --> 58:35.160]  it where they both know, so they can send their summits to me into the right place.
[58:35.160 --> 58:43.720]  They generally have a change of address form, so you can contact them, and it will probably
[58:43.720 --> 58:45.720]  be on their website.
[58:45.720 --> 58:50.520]  Maybe, I'll go up there and try to do it.
[58:50.520 --> 58:54.640]  Would you like to make more definite progress in your walk with God?
[58:54.640 --> 58:59.840]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.840 --> 59:01.160]  can really help.
[59:01.160 --> 59:05.640]  The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.640 --> 59:06.640]  today.
[59:06.640 --> 59:10.520]  It's an accurate translation, and it contains thousands of footnotes that will help you
[59:10.520 --> 59:13.640]  to know God and to know the meaning of life.
[59:13.640 --> 59:18.920]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.920 --> 59:23.200]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:23.200 --> 59:28.120]  of salvation, growing in Christ and how to build up the church.
[59:28.120 --> 59:33.120]  To order your free New Testament recovery version and Basic Elements of the Christian
[59:33.120 --> 01:00:00.840]  Life, call Bibles for America toll-free at 888-551-0102 or visit us online at bfa.org.
[01:00:00.840 --> 01:00:07.520]  The following is brought to you by The Low Star Lowdown.
[01:00:07.520 --> 01:00:13.800]  Markets for Friday, December 7, 2018, opened with precious metals, gold at $1,245.08 an
[01:00:13.800 --> 01:00:21.040]  ounce, silver $14.58 an ounce, copper $2.74 an ounce, oil, Texas crude $51.49 a barrel,
[01:00:21.040 --> 01:00:28.760]  Brent crude $60.06 a barrel, and cryptos, Bitcoin $3,445.33, Ripple, XRP $0.30, Ethereum
[01:00:28.760 --> 01:00:36.240]  $88.23 an ounce, and Stellar XLMs at $0.11 a crypto coin.
[01:00:36.240 --> 01:00:44.400]  Okay, in history, the year 1972, the last Apollo Moon mission Apollo 17 is launched,
[01:00:44.400 --> 01:00:48.280]  during which the crew took the famous photograph known as the Blue Marble as they left the
[01:00:48.280 --> 01:00:49.280]  Earth.
[01:00:49.280 --> 01:00:57.880]  Apollo 17, last of the Apollo Moon missions, took flight today in history.
[01:00:57.880 --> 01:01:02.360]  In recent years, in 2017 alone, law enforcement agencies and prosecutors throughout the state
[01:01:02.360 --> 01:01:07.000]  of Texas confiscated more than $50 million in cash, cars, jewelry, clothing, art, and
[01:01:07.000 --> 01:01:11.840]  other property via both criminal forfeiture, which requires charge, and civil forfeiture,
[01:01:11.840 --> 01:01:12.840]  which doesn't.
[01:01:12.840 --> 01:01:16.640]  And since the Texas Attorney General's office, which keeps tabs on these figures, does not
[01:01:16.640 --> 01:01:20.280]  distinguish between the two, it's unclear as to how much was taken from people who were
[01:01:20.280 --> 01:01:21.280]  never charged.
[01:01:21.280 --> 01:01:24.720]  The practice of civil forfeiture has been under scrutiny for several years now.
[01:01:24.720 --> 01:01:29.240]  But the ACLU, legislators, and even former Texas Supreme Court judges raising criticisms
[01:01:29.240 --> 01:01:30.400]  against such actions.
[01:01:30.400 --> 01:01:34.280]  Unfortunately, it's not much avail as of yet due mostly to the resistance from police
[01:01:34.280 --> 01:01:39.120]  union and sheriffs, who argue it's necessary for solving crime across the state.
[01:01:39.120 --> 01:01:42.880]  Seems that next year might bring about more attempts to reforming these practices, the
[01:01:42.880 --> 01:01:48.880]  last successful ones of which were back in 2011.
[01:01:48.880 --> 01:01:52.520]  Texas Governor Greg Abbott and several officials at the Texas Department of Public Safety were
[01:01:52.520 --> 01:01:57.280]  sued by the National Civil Rights Nonprofit Equal Justice under the Law last Wednesday
[01:01:57.280 --> 01:02:01.720]  in an attempt to end Texas' driver responsibility program that apparently led to the suspension
[01:02:01.720 --> 01:02:04.480]  of 1.4 million Texas driver licenses.
[01:02:04.480 --> 01:02:08.880]  The program imposes surcharges like $250 per year for three years for driving with an
[01:02:08.880 --> 01:02:13.440]  in-battle license and up to $2,000 per year for three years for a DWI charge where the
[01:02:13.440 --> 01:02:18.680]  driver is caught with a blood alcohol level of 0.16 or higher, and surcharges for drivers
[01:02:18.680 --> 01:02:22.640]  who have too many points on their licenses for moving violations or moving violations
[01:02:22.640 --> 01:02:24.040]  resulting in an accident.
[01:02:24.040 --> 01:02:27.800]  Phil Tilafein, the lead attorney in the case and executive director of Equal Justice under
[01:02:27.800 --> 01:02:32.280]  the Law, stated that, quote, this unfair license suspension scheme particularly targets Texas's
[01:02:32.280 --> 01:02:36.280]  most impoverished residents who are often unaware additional charges are owed under
[01:02:36.280 --> 01:02:37.880]  the DRP.
[01:02:37.880 --> 01:02:41.840]  Individuals who cannot pay will often lose their job and their home, becoming homeless
[01:02:41.840 --> 01:02:45.400]  for a minor ticket that wealthier drivers simply pay and forget.
[01:02:45.400 --> 01:02:50.000]  Justice and Democrat Boris Miles and Edgewood Republican Bob Hall have both filed bills
[01:02:50.000 --> 01:02:52.400]  that would end the driver responsibility program.
[01:02:52.400 --> 01:03:21.400]  This was Rick Brody with the Lowdown for December 7th, 2018.
[01:03:21.400 --> 01:03:22.400]  Okay.
[01:03:22.400 --> 01:03:23.400]  We are back.
[01:03:23.400 --> 01:03:31.160]  Randy Kelton, rule of law radio on this Friday, the 7th day of December, 2018.
[01:03:31.160 --> 01:03:37.680]  And we're talking to Eric and Georgia and Ken from Missouri.
[01:03:37.680 --> 01:03:45.880]  Will you hang up, check your text, and call me back on the number I sent you.
[01:03:45.880 --> 01:03:48.360]  That's the branch number.
[01:03:48.360 --> 01:03:49.360]  Okay.
[01:03:49.360 --> 01:03:50.360]  Eric.
[01:03:50.360 --> 01:03:51.360]  Uh-huh.
[01:03:51.360 --> 01:03:52.360]  Where were we?
[01:03:52.360 --> 01:03:53.360]  Oh, yes.
[01:03:53.360 --> 01:04:01.560]  I need to send my, um, a change of address to the court and to make sure of the knowledge
[01:04:01.560 --> 01:04:04.360]  that prosecutor and the court receive it.
[01:04:04.360 --> 01:04:09.040]  So can I just write on the letter and give an address to that?
[01:04:09.040 --> 01:04:10.040]  Yes.
[01:04:10.040 --> 01:04:11.040]  Yes, you can.
[01:04:11.040 --> 01:04:20.320]  Make sure you send it to a registered return receipt and send them two copies and ask
[01:04:20.320 --> 01:04:26.480]  the clerk to return you a stamped copy.
[01:04:26.480 --> 01:04:31.600]  Is this a municipal or county or higher?
[01:04:31.600 --> 01:04:35.400]  It's a county ticket.
[01:04:35.400 --> 01:04:44.960]  Well, generally the county and district courts these days have e-filing.
[01:04:44.960 --> 01:04:51.520]  So you can contact the clerk and get the clerk's email and email.
[01:04:51.520 --> 01:05:03.400]  Email I think is better than registered because email leaves tracks they cannot erase, period.
[01:05:03.400 --> 01:05:09.280]  They can't say they didn't get that one because you can subpoena their emails and you can
[01:05:09.280 --> 01:05:12.400]  find it in there.
[01:05:12.400 --> 01:05:20.160]  But if you have e-filing, that makes it even better and e-filing is great because it doesn't
[01:05:20.160 --> 01:05:27.800]  cost you anything and it's absolutely traceable.
[01:05:27.800 --> 01:05:34.360]  So I send copies to the state court, copies it to the prosecutor and copies to the clerk
[01:05:34.360 --> 01:05:38.560]  or court correct for all to go through and.
[01:05:38.560 --> 01:05:42.080]  You can't send too many copies.
[01:05:42.080 --> 01:05:47.360]  If you send it to everybody, nobody gets to claim they didn't have the right address.
[01:05:47.360 --> 01:05:48.360]  10-4.
[01:05:48.360 --> 01:05:49.360]  That sounds great.
[01:05:49.360 --> 01:06:01.560]  By the way, on the admissions, I don't know if it's a plea nor a motion, the admissions,
[01:06:01.560 --> 01:06:05.000]  I had to remove two questions for the Georgia thing.
[01:06:05.000 --> 01:06:08.120]  There's no such thing as a county commissioner's court in Georgia.
[01:06:08.120 --> 01:06:09.120]  Okay.
[01:06:09.120 --> 01:06:15.000]  Yeah, any of those documents that you're adjusting, get them to me.
[01:06:15.000 --> 01:06:24.680]  I have two other people in Georgia sending me documents and I'll take all of these documents
[01:06:24.680 --> 01:06:30.640]  and look at them and recombine them into a set of Georgia filings.
[01:06:30.640 --> 01:06:41.160]  I have almost got myself talked into implementing the traffic site.
[01:06:41.160 --> 01:06:49.160]  I have due process done and I did due process for the most part off the top of my head because
[01:06:49.160 --> 01:06:58.080]  I've spent so much time in due process and in doing that, I didn't need to use the code.
[01:06:58.080 --> 01:07:04.160]  So I went through due process and this due process is primarily based on federal due
[01:07:04.160 --> 01:07:05.160]  process.
[01:07:05.160 --> 01:07:10.200]  All due process is governed by the federal due process.
[01:07:10.200 --> 01:07:16.440]  So it will be simple enough to use most of what I've got.
[01:07:16.440 --> 01:07:25.040]  These questionnaires are huge, there's a lot of them because were you stopped for a traffic
[01:07:25.040 --> 01:07:26.040]  violation?
[01:07:26.040 --> 01:07:27.040]  No.
[01:07:27.040 --> 01:07:29.760]  Were you stopped on an existing warrant?
[01:07:29.760 --> 01:07:30.760]  Yes.
[01:07:30.760 --> 01:07:31.760]  Okay.
[01:07:31.760 --> 01:07:34.720]  If you're stopped on an existing warrant, it really doesn't make much difference what
[01:07:34.720 --> 01:07:37.160]  state you're in.
[01:07:37.160 --> 01:07:44.760]  The steps to a valid arrest on a warrant are going to be essentially the same.
[01:07:44.760 --> 01:07:50.320]  Were you stopped on a non-traffic on-site offense?
[01:07:50.320 --> 01:07:54.880]  Due process in this regard is going to be almost the same in every state.
[01:07:54.880 --> 01:08:06.800]  State adjustments in code codes and I have in my software a way to select the state and
[01:08:06.800 --> 01:08:12.400]  see if we can find documents that are where we adjust them specifically for the state,
[01:08:12.400 --> 01:08:16.040]  then it will call those documents.
[01:08:16.040 --> 01:08:20.200]  So I want to get a set.
[01:08:20.200 --> 01:08:23.280]  What I want to do is I want to take the Georgia documents.
[01:08:23.280 --> 01:08:31.160]  I just got a ticket in Tennessee and I have some stuff from Olivier and take his documents
[01:08:31.160 --> 01:08:36.760]  and write a set of documents for this court case I've got in Tennessee.
[01:08:36.760 --> 01:08:44.280]  In doing that, I'll be building generic documents and I want to look at these different states
[01:08:44.280 --> 01:08:51.560]  so that everything that is essentially the same, I can build generic and then just add
[01:08:51.560 --> 01:08:59.480]  the differences yet so we'll be able to move from state to state without having to redo
[01:08:59.480 --> 01:09:02.440]  the whole thing every time.
[01:09:02.440 --> 01:09:06.520]  So with what I've got on Georgia, I want to build a set of Georgia documents.
[01:09:06.520 --> 01:09:14.160]  Well I sent you the email, I think your email is the big letter under the subject line Georgia
[01:09:14.160 --> 01:09:15.160]  revised form.
[01:09:15.160 --> 01:09:16.160]  Perfect.
[01:09:16.160 --> 01:09:24.480]  And let me ask you a question, it's not going to mess you up if Texas, in Texas where y'all
[01:09:24.480 --> 01:09:27.880]  do y'all's forms, where y'all do y'all's feelings and motions, y'all put the case number
[01:09:27.880 --> 01:09:30.920]  on top and then the court in the, to the right.
[01:09:30.920 --> 01:09:32.160]  Oh no, no, no, okay.
[01:09:32.160 --> 01:09:39.680]  I have a file where I've taken every court heading and put in those files and what I'll
[01:09:39.680 --> 01:09:48.280]  do with my programmer is say, when you put in the ticket information and put in Georgia,
[01:09:48.280 --> 01:10:00.480]  then when we build the forms, if this field equals Georgia input this heading, so no,
[01:10:00.480 --> 01:10:07.680]  that won't bother me a bit, I need to see exactly what Georgia wants and we will insert
[01:10:07.680 --> 01:10:09.920]  that heading on them.
[01:10:09.920 --> 01:10:12.040]  Get a permit.
[01:10:12.040 --> 01:10:21.400]  It's not hard because about 40, 35 or 40 of the states all use the exact same headings.
[01:10:21.400 --> 01:10:22.400]  Yeah.
[01:10:22.400 --> 01:10:27.960]  I'm in Tennessee now and it is absolutely the worst.
[01:10:27.960 --> 01:10:31.680]  Holy mackerel, what a mess.
[01:10:31.680 --> 01:10:36.640]  It took me two days to build their heading.
[01:10:36.640 --> 01:10:38.880]  I got the worst of it done.
[01:10:38.880 --> 01:10:45.200]  After Tennessee, everything's a piece of cake.
[01:10:45.200 --> 01:10:52.200]  This is harder than it appears because you've got boxes, you've got boxes, sometimes you
[01:10:52.200 --> 01:10:57.080]  got one goes all the way across, sometimes you got one that goes half, sometimes you
[01:10:57.080 --> 01:11:06.480]  got one that goes three, two thirds and you build a table and you try to merge the fields
[01:11:06.480 --> 01:11:14.200]  in the table to get all these to look right so that if you add more data, then the table
[01:11:14.200 --> 01:11:19.640]  field grows to accommodate the data and then if you don't do it right, everything else
[01:11:19.640 --> 01:11:22.520]  gets all scrambled.
[01:11:22.520 --> 01:11:29.440]  After Tennessee, I finally got Tennessee working, but after that, everybody else is a piece
[01:11:29.440 --> 01:11:30.440]  of cake.
[01:11:30.440 --> 01:11:36.280]  But yeah, it doesn't matter what it is, we'll make that adjustment because we do these one
[01:11:36.280 --> 01:11:37.280]  time.
[01:11:37.280 --> 01:11:41.280]  Once we've got these documents done, then everybody in Georgia can use them.
[01:11:41.280 --> 01:11:44.280]  That's a good beginning.
[01:11:44.280 --> 01:11:48.400]  Let me ask you a question since you're in Tennessee now.
[01:11:48.400 --> 01:11:56.240]  I heard about that case where the judge ruled that you couldn't take people's driver's
[01:11:56.240 --> 01:12:00.880]  license away from them if they couldn't pay.
[01:12:00.880 --> 01:12:02.680]  How do you think that's going to work out?
[01:12:02.680 --> 01:12:07.560]  Do you think that's going to help us around here to put some change in the law or do you
[01:12:07.560 --> 01:12:09.760]  think it's just going to fade away?
[01:12:09.760 --> 01:12:13.480]  No, I don't think it'll have much difference here.
[01:12:13.480 --> 01:12:19.000]  In Texas, they don't take your driver's license away from not being able to pay.
[01:12:19.000 --> 01:12:27.600]  They just won't let you redo, but they don't take the license that you have.
[01:12:27.600 --> 01:12:31.800]  So in Texas, they don't suspend license for failure to pay?
[01:12:31.800 --> 01:12:39.240]  Yeah, in some states they do.
[01:12:39.240 --> 01:12:41.800]  There are certain things they'll suspend your license for.
[01:12:41.800 --> 01:12:43.280]  Oh wait, maybe they do.
[01:12:43.280 --> 01:12:46.280]  I have to talk to Scott.
[01:12:46.280 --> 01:12:49.520]  He has some issues on that.
[01:12:49.520 --> 01:13:00.080]  But generally, they won't renew, so I know they suspended his, and I'm not sure why.
[01:13:00.080 --> 01:13:05.240]  But yeah, they may, and if we have a Georgia court that's ruled you can't, under good
[01:13:05.240 --> 01:13:09.520]  faith and credit, we may be able to bring that out of the states.
[01:13:09.520 --> 01:13:17.720]  One of the things we want to do with this site we're building is bring consistency to
[01:13:17.720 --> 01:13:26.440]  all the laws, consistency to application of the law.
[01:13:26.440 --> 01:13:31.920]  This will get a lot easier if you know exactly what to expect and what everybody's supposed
[01:13:31.920 --> 01:13:32.920]  to do.
[01:13:32.920 --> 01:13:39.120]  You'll have a lot less grief, and if you get your forms and stuff, I will do some work
[01:13:39.120 --> 01:13:43.600]  on them and send you back and have you look at them and make adjustments, and we'll build
[01:13:43.600 --> 01:13:52.520]  a site for Georgia that you can send everybody to, and it'll make Georgia crazy.
[01:13:52.520 --> 01:13:56.600]  We could shut down traffic enforcement.
[01:13:56.600 --> 01:14:00.640]  I sent you the forms, you know, we get that when you get back, whatever, I know you're
[01:14:00.640 --> 01:14:04.880]  busy and everything's going on, but I do appreciate your time and your effort.
[01:14:04.880 --> 01:14:11.360]  My case is they held my, when the officer gives you tickets, they put them into the
[01:14:11.360 --> 01:14:15.920]  sheriff's office or to the receptionist at sheriff's office in every county around here,
[01:14:15.920 --> 01:14:20.440]  and they hold them for 30 days and give you a chance to pay them at the sheriff's office.
[01:14:20.440 --> 01:14:26.960]  So after that, they turn them over to the state court.
[01:14:26.960 --> 01:14:32.400]  So the 8th was my last day, so it's going to be, well, today is actually, right now
[01:14:32.400 --> 01:14:36.240]  it's the 8th in Georgia, but probably Monday they're going to turn them over to the state
[01:14:36.240 --> 01:14:37.240]  court.
[01:14:37.240 --> 01:14:41.000]  So I got to have all my stuff ready and get going, I just want to go ahead and file the
[01:14:41.000 --> 01:14:44.520]  paperwork I got and go forward and see what happens.
[01:14:44.520 --> 01:14:48.720]  Okay, and you've sent me what you've reworked for Georgia?
[01:14:48.720 --> 01:14:49.720]  Yes.
[01:14:49.720 --> 01:14:55.800]  Good, I will look at that and I can, I'll load them up into, you know, if it all works
[01:14:55.800 --> 01:14:59.000]  out well, I'll load them up into the site.
[01:14:59.000 --> 01:15:04.000]  So the next time you can just go to the site, fill in your information, and it'll download
[01:15:04.000 --> 01:15:06.400]  all those documents for you.
[01:15:06.400 --> 01:15:08.120]  I appreciate it, Mr. Kilton.
[01:15:08.120 --> 01:15:14.200]  You have a great night and you have a great evening and thank you for coming.
[01:15:14.200 --> 01:15:15.200]  All right.
[01:15:15.200 --> 01:15:16.200]  And you too.
[01:15:16.200 --> 01:15:22.720]  So now we're going to go to, oh, this one's, I haven't seen that, I've got one, two here,
[01:15:22.720 --> 01:15:30.920]  there are probably first-time callers, I've got a Washington number, I don't have a name
[01:15:30.920 --> 01:15:33.000]  on it, so it may be a first-time caller.
[01:15:33.000 --> 01:15:38.680]  If you're from Washington, tell us who you are, just name and state.
[01:15:38.680 --> 01:15:41.480]  This is Rick up here in Washington.
[01:15:41.480 --> 01:15:45.240]  Hello, Rick.
[01:15:45.240 --> 01:15:46.920]  What do you have for us today?
[01:15:46.920 --> 01:15:55.240]  Well, I just wanted to touch base with you on this school bus stop arm violation I received.
[01:15:55.240 --> 01:15:56.240]  Oh, okay.
[01:15:56.240 --> 01:15:59.760]  I remember reading that one.
[01:15:59.760 --> 01:16:00.960]  Let me get this straight.
[01:16:00.960 --> 01:16:08.760]  Was this, hold on, we're about to go to break, let me see where I'm at, in the overall scheme.
[01:16:08.760 --> 01:16:10.760]  Okay, I'm good.
[01:16:10.760 --> 01:16:12.360]  Okay, we've got 50 seconds.
[01:16:12.360 --> 01:16:13.360]  Go ahead.
[01:16:13.360 --> 01:16:19.840]  Okay, I just wanted to tell you how the court went, it was pretty strange.
[01:16:19.840 --> 01:16:20.840]  What I did is...
[01:16:20.840 --> 01:16:24.120]  Okay, okay, wait a minute, let's not go to court yet, let's talk about this on the other
[01:16:24.120 --> 01:16:25.120]  side.
[01:16:25.120 --> 01:16:29.240]  If I understand this right, this was based on photos?
[01:16:29.240 --> 01:16:30.240]  That's correct.
[01:16:30.240 --> 01:16:35.200]  Oh, so it wasn't a policeman who actually saw this, so this would be interesting.
[01:16:35.200 --> 01:16:36.600]  Hang on, about to go to break.
[01:16:36.600 --> 01:16:48.880]  Randy Kelton, real-law radio, I call in number 512-646-1984, Harman Shane, I see you there,
[01:16:48.880 --> 01:16:56.720]  we'll try to get to everybody, we'll be right back.
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[01:19:15.600 --> 01:19:41.560]  Okay, we are back.
[01:19:41.560 --> 01:19:53.080]  Thank you so much for joining us today and thank you so much for joining us today.
[01:19:53.080 --> 01:20:01.360]  Thank you so much for joining us today and thank you so much for joining us today.
[01:20:01.360 --> 01:20:06.480]  There are places where I address more than he does and there's places he addresses more
[01:20:06.480 --> 01:20:07.480]  than I do.
[01:20:07.480 --> 01:20:12.680]  This is exactly what I need and I've been doing this show a long time and I keep looking
[01:20:12.680 --> 01:20:19.560]  for people who have the depth of experience and can definitely does.
[01:20:19.560 --> 01:20:22.320]  Say hello, Ken.
[01:20:22.320 --> 01:20:23.320]  Good evening.
[01:20:23.320 --> 01:20:27.640]  Okay, you have to give Ken some slack.
[01:20:27.640 --> 01:20:31.920]  He's from Missouri, but we won't hold that against him.
[01:20:31.920 --> 01:20:32.920]  Okay.
[01:20:32.920 --> 01:20:37.760]  I wouldn't born in Texas, but I'll get there someday.
[01:20:37.760 --> 01:20:38.760]  Good.
[01:20:38.760 --> 01:20:41.760]  That's the best time.
[01:20:41.760 --> 01:20:45.920]  I wasn't either, but I got there as soon as I could.
[01:20:45.920 --> 01:20:54.440]  Actually, I spent eight years after I came back from Vietnam asking everybody, where
[01:20:54.440 --> 01:20:57.600]  is the best place in the country to live?
[01:20:57.600 --> 01:21:00.000]  Where are the best people?
[01:21:00.000 --> 01:21:01.200]  I don't care about climate.
[01:21:01.200 --> 01:21:02.880]  I don't care about economy.
[01:21:02.880 --> 01:21:03.880]  Where are the best people?
[01:21:03.880 --> 01:21:05.880]  Everybody said Texas.
[01:21:05.880 --> 01:21:12.440]  I moved to Texas and it was not a mistake.
[01:21:12.440 --> 01:21:23.280]  In 1976, I walked away from a $180,000 a year business, gave it to a friend of mine just
[01:21:23.280 --> 01:21:31.880]  to get out of there, came to Texas and haven't regretted it for one moment.
[01:21:31.880 --> 01:21:34.520]  I like Texas.
[01:21:34.520 --> 01:21:39.320]  There's just a place where people are the friendliest I've ever been.
[01:21:39.320 --> 01:21:42.600]  I'm in Tennessee now and frankly, I hate Tennessee.
[01:21:42.600 --> 01:21:52.960]  It's not the climate, it's just everybody here seems so profoundly miserable.
[01:21:52.960 --> 01:21:58.360]  Nobody smiles, nobody seems upbeat, it's depressing.
[01:21:58.360 --> 01:22:08.480]  Anyway, okay, we were talking to Rick in Washington, okay, Rick, and this was interesting.
[01:22:08.480 --> 01:22:18.240]  I've never heard of photo tickets for a school bus arm and Rick, will you explain to everybody
[01:22:18.240 --> 01:22:19.720]  what a school bus arm is?
[01:22:19.720 --> 01:22:22.720]  A lot of people may live in the city and not know what that is.
[01:22:22.720 --> 01:22:28.720]  In this case, it's a little stop sign that comes out about even with the driver on the
[01:22:28.720 --> 01:22:31.320]  school bus when the bus…
[01:22:31.320 --> 01:22:39.760]  Oh, okay, so they have an arm in front of the bus on some of them that will rotate out
[01:22:39.760 --> 01:22:46.680]  into the oncoming lane and it sticks out into the next lane so that any car come and can
[01:22:46.680 --> 01:22:47.680]  see it.
[01:22:47.680 --> 01:22:51.920]  It's kind of an axis of block for the children walking past.
[01:22:51.920 --> 01:22:55.440]  I thought that's what we were talking about, but you're talking about the little stop
[01:22:55.440 --> 01:22:58.520]  sign that pops out behind the drivers.
[01:22:58.520 --> 01:22:59.520]  That's correct.
[01:22:59.520 --> 01:23:07.040]  And there's cameras now on the back of the bus that preserves that stop sign when it
[01:23:07.040 --> 01:23:10.560]  comes out.
[01:23:10.560 --> 01:23:19.960]  We have had so many ruins across the country that have shot down the red light cameras
[01:23:19.960 --> 01:23:26.040]  and this would be shot down for the same reason.
[01:23:26.040 --> 01:23:33.280]  It becomes climbed by ownership and you cannot subpoena the camera and cross-examine the
[01:23:33.280 --> 01:23:36.200]  camera.
[01:23:36.200 --> 01:23:42.360]  If someone is an accuser, they only have hearsay knowledge and can't testify.
[01:23:42.360 --> 01:23:51.680]  Let me address that in a little bit more detail and you can be accused by someone who only
[01:23:51.680 --> 01:23:55.000]  has hearsay knowledge.
[01:23:55.000 --> 01:23:59.400]  For instance, a police officer, look at the video.
[01:23:59.400 --> 01:24:08.760]  If they can see your face and they can see the license plate and you are a middle-aged
[01:24:08.760 --> 01:24:16.760]  adult male and the automobile is registered to a middle-aged adult male, it's reasonable
[01:24:16.760 --> 01:24:23.080]  and he can pull up your license and you appear to be that adult male.
[01:24:23.080 --> 01:24:28.280]  He can file a complaint based on purely hearsay.
[01:24:28.280 --> 01:24:30.680]  He has no personal knowledge.
[01:24:30.680 --> 01:24:39.440]  That's sufficient to file a complaint but it is not sufficient to bring it to court.
[01:24:39.440 --> 01:24:45.040]  While they can file a complaint, they can't get a conviction and that's what the courts
[01:24:45.040 --> 01:24:48.440]  have essentially rules on constitutional.
[01:24:48.440 --> 01:24:57.120]  It's forcing somebody to court when there is no best witness evidence and that looks
[01:24:57.120 --> 01:24:58.120]  like what this is.
[01:24:58.120 --> 01:25:02.640]  Okay, go ahead with what occurred in yours, it was kind of interesting.
[01:25:02.640 --> 01:25:10.760]  Actually, the judge informed us and I kind of glanced at the statute view on this, the
[01:25:10.760 --> 01:25:18.520]  OCW codes here and the statute says now that it's, well, the judge explained it to the
[01:25:18.520 --> 01:25:27.120]  whole group of us that it's basically a parking ticket on steroids was the words that he used.
[01:25:27.120 --> 01:25:32.280]  Doesn't go against your driver's license, doesn't go against your insurance, it's basically
[01:25:32.280 --> 01:25:33.280]  a parking ticket.
[01:25:33.280 --> 01:25:44.320]  I don't know how that came about but anyway, I, before court, on the 14th, I filed a request
[01:25:44.320 --> 01:25:52.720]  for discovery and then from the traffic ticket website, I filed three motions.
[01:25:52.720 --> 01:26:01.720]  Uh, everything was fine, I went to court yesterday and I, okay, hold on, three motions.
[01:26:01.720 --> 01:26:08.760]  Brady, the lemony, special appearance.
[01:26:08.760 --> 01:26:19.720]  I filed, uh, a motion to the lemony of preservation of rights and, uh, judicial disclosure.
[01:26:19.720 --> 01:26:29.160]  Ah, okay, you missed one, at least one, preliminary hearing.
[01:26:29.160 --> 01:26:36.000]  I did the ones that I, that wasn't basically wording Texas statute.
[01:26:36.000 --> 01:26:37.000]  Texas, okay.
[01:26:37.000 --> 01:26:39.800]  I need to rework preliminary hearing.
[01:26:39.800 --> 01:26:46.880]  I called it preliminary hearing instead of examining trial because Texas calls it an
[01:26:46.880 --> 01:26:55.400]  examining trial but Gerstein Pew, the federal controlling case law, says that every state
[01:26:55.400 --> 01:27:00.240]  must provide a preliminary hearing.
[01:27:00.240 --> 01:27:05.400]  They don't prescribe how it's to be done but they have to have one.
[01:27:05.400 --> 01:27:09.000]  Okay, okay, I'll stop interrupting, go ahead.
[01:27:09.000 --> 01:27:13.560]  Okay, anyway, I was number three in line.
[01:27:13.560 --> 01:27:18.160]  The first two went up and, and told the judge that, you know, they were not driving the
[01:27:18.160 --> 01:27:21.760]  car and he didn't really care.
[01:27:21.760 --> 01:27:27.920]  He examined the video, every case had its own little video and he had a big screen TV
[01:27:27.920 --> 01:27:35.000]  on the wall and it showed the car, only the car, not the driver or anything else, that
[01:27:35.000 --> 01:27:38.680]  drove past this stop sign.
[01:27:38.680 --> 01:27:47.680]  He got them all guilty, the fee, the fine was $419, he reduced everybody's fine to 319
[01:27:47.680 --> 01:27:50.200]  with the year paid.
[01:27:50.200 --> 01:27:52.000]  So I'm number three.
[01:27:52.000 --> 01:28:02.000]  As I, they call my name as I'm walking up to the judge starts playing my video, the
[01:28:02.000 --> 01:28:04.640]  video of my car.
[01:28:04.640 --> 01:28:11.280]  And he's looking at it and he can tell that my car is about on the side of the bus, almost
[01:28:11.280 --> 01:28:16.560]  even with the little stop sign as it popped out.
[01:28:16.560 --> 01:28:22.560]  He said, well, after reviewing this, I don't really feel this neck criteria.
[01:28:22.560 --> 01:28:28.800]  He said, I'm going to dismiss the case and I said, okay, he says, you know, stop at the
[01:28:28.800 --> 01:28:30.400]  clerk there in the bench.
[01:28:30.400 --> 01:28:39.000]  I said, okay, as I'm walking over to the clerk, I turned to the judge and asked him, does this
[01:28:39.000 --> 01:28:41.400]  mean my motions were dismissed?
[01:28:41.400 --> 01:28:48.000]  He goes, it doesn't matter, I dismissed the ticket.
[01:28:48.000 --> 01:28:57.840]  I said, okay, I just thought that maybe the motion should have been heard before evocation.
[01:28:57.840 --> 01:29:00.720]  And he had this real funny look on his face.
[01:29:00.720 --> 01:29:07.560]  The clerk was kind of staring at the judge, not knowing what to do.
[01:29:07.560 --> 01:29:16.040]  And he turned to the gallery then and announced that if anybody else has motions, please inform
[01:29:16.040 --> 01:29:19.960]  the clerk when your name is called, which I thought was pretty unusual.
[01:29:19.960 --> 01:29:26.560]  And he started typing on his computer and he's looking for these motions.
[01:29:26.560 --> 01:29:34.840]  Well, he said he can't find the motions, but he found my request for discovery, which was
[01:29:34.840 --> 01:29:36.840]  pretty much ignored also.
[01:29:36.840 --> 01:29:46.520]  Well, yeah, I'm not sure of the details of the law in Washington, but the details of
[01:29:46.520 --> 01:29:55.640]  the law in Texas, based on the Michael Morton Act, Michael Morton Act, this doctor's wife
[01:29:55.640 --> 01:29:58.160]  is murdered.
[01:29:58.160 --> 01:30:02.400]  They prosecute the doctor.
[01:30:02.400 --> 01:30:06.080]  The bill of rights contains the first ten amendments of our Constitution.
[01:30:06.080 --> 01:30:09.520]  They guarantee the specific freedoms Americans should know and protect.
[01:30:09.520 --> 01:30:11.000]  Our liberty depends on it.
[01:30:11.000 --> 01:30:14.560]  I've got your Catherine Albrecht and I'll be right back with an unforgettable way to
[01:30:14.560 --> 01:30:17.800]  remember one of your constitutional rights.
[01:30:17.800 --> 01:30:19.400]  Privacy is under attack.
[01:30:19.400 --> 01:30:23.000]  When you give up data about yourself, you'll never get it back again.
[01:30:23.000 --> 01:30:27.760]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.760 --> 01:30:29.200]  So protect your rights.
[01:30:29.200 --> 01:30:32.920]  Say no to surveillance and keep your information to yourself.
[01:30:32.920 --> 01:30:35.520]  Privacy, it's worth hanging on to.
[01:30:35.520 --> 01:30:39.840]  This public service announcement is brought to you by StartPage.com, the private search
[01:30:39.840 --> 01:30:43.360]  engine alternative to Google, Yahoo, and Bing.
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[01:30:46.680 --> 01:30:50.280]  Most of us know that taking the fifth means you're choosing to remain silent about a
[01:30:50.280 --> 01:30:51.280]  criminal matter.
[01:30:51.280 --> 01:30:55.480]  It's a good way to remember that the fifth amendment spells out what can and can't happen
[01:30:55.480 --> 01:30:58.040]  to you when you're accused of a criminal offense.
[01:30:58.040 --> 01:31:02.280]  The fifth guarantees due process, prohibits trying someone more than once for the same
[01:31:02.280 --> 01:31:04.840]  crime and lets you keep your mouth shut.
[01:31:04.840 --> 01:31:09.960]  The founding fathers inserted these constitutional provisions to protect citizens from torture.
[01:31:09.960 --> 01:31:14.440]  Back in the day, governments often used painful methods to extract confessions.
[01:31:14.440 --> 01:31:18.360]  The fifth amendment also prohibits the government from taking your house and land without paying
[01:31:18.360 --> 01:31:19.360]  you for it.
[01:31:19.360 --> 01:31:20.360]  That used to happen a lot too.
[01:31:20.360 --> 01:31:30.800]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31:30.800 --> 01:31:36.160]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:36.160 --> 01:31:38.360]  The government says that fire brought it down.
[01:31:38.360 --> 01:31:43.200]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.200 --> 01:31:47.200]  Over 6,000 of my fellow service members have given their lives, and thousands of my fellow
[01:31:47.200 --> 01:31:48.640]  first responders have died.
[01:31:48.640 --> 01:31:50.440]  I'm not a conspiracy theorist.
[01:31:50.440 --> 01:31:51.440]  I'm a structural engineer.
[01:31:51.440 --> 01:31:52.440]  I'm a New York City correction officer.
[01:31:52.440 --> 01:31:53.440]  I'm an Air Force pilot.
[01:31:53.440 --> 01:31:55.160]  I'm a father who lost his son.
[01:31:55.160 --> 01:31:57.760]  We're Americans, and we deserve the truth.
[01:31:57.760 --> 01:32:00.400]  Go to RememberBuilding7.org today.
[01:32:00.400 --> 01:32:03.040]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:03.040 --> 01:32:06.320]  Did your home receive hail or wind damage from the recent storms?
[01:32:06.320 --> 01:32:09.960]  Come on, we all know the government caused it with their chemtrails, but good luck getting
[01:32:09.960 --> 01:32:10.960]  them to pay for it.
[01:32:10.960 --> 01:32:14.560]  Okay, I might be kidding about the chemtrails, but I'm serious about your roof.
[01:32:14.560 --> 01:32:18.360]  That's why you have insurance, and Hill Country Home Improvements can handle the claim for
[01:32:18.360 --> 01:32:21.160]  you with little to no out-of-pocket expense.
[01:32:21.160 --> 01:32:25.440]  And we accept Bitcoin as a multi-year A-plus member of the Better Business Bureau with
[01:32:25.440 --> 01:32:26.760]  zero complaints.
[01:32:26.760 --> 01:32:30.960]  You can trust Hill Country Home Improvements to handle your claim and your roof right
[01:32:30.960 --> 01:32:32.200]  the first time.
[01:32:32.200 --> 01:32:38.480]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[01:32:38.480 --> 01:32:42.880]  Mention the crypto show and get $100 off, and we'll donate another $100 to the Logos
[01:32:42.880 --> 01:32:45.480]  Radio Network to help continue this programming.
[01:32:45.480 --> 01:32:50.600]  So if those out-of-town roofers come knocking, your door should be locked in.
[01:32:50.600 --> 01:32:56.680]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:56.680 --> 01:32:58.600]  Discounts are based on full roof replacement.
[01:32:58.600 --> 01:33:01.000]  I mean, I actually be kidding about chemtrails.
[01:33:01.000 --> 01:33:21.600]  You are listening to the Logos Radio Network, LogosRadioNetwork.com.
[01:33:21.600 --> 01:33:23.840]  Okay, we are back.
[01:33:23.840 --> 01:33:33.160]  Ryan DeKalton, RoovaRio on this Friday, the 7th day of December, 2018, and we're talking
[01:33:33.160 --> 01:33:35.840]  to Rick in Washington.
[01:33:35.840 --> 01:33:46.080]  Okay, Rick, what I heard is it looks like the judge is very accustomed to the only thing
[01:33:46.080 --> 01:33:53.160]  before the court being the video, but there seems to be some problems with that.
[01:33:53.160 --> 01:33:58.200]  They don't have a prosecutor, did they have a prosecutor?
[01:33:58.200 --> 01:33:59.200]  I didn't hear anything.
[01:33:59.200 --> 01:34:01.200]  It went to a prosecutor.
[01:34:01.200 --> 01:34:03.800]  No prosecutor, just a judge.
[01:34:03.800 --> 01:34:09.160]  So it sounds like they're putting in the evidence without objection, without giving
[01:34:09.160 --> 01:34:13.880]  you opportunity to raise an objection.
[01:34:13.880 --> 01:34:20.360]  But in this case, where the judge looked at the prosecution's case, and the prosecution's
[01:34:20.360 --> 01:34:31.640]  case is generally presented first, the prosecutor entered the non-existent prosecutor, entered
[01:34:31.640 --> 01:34:40.120]  his evidence, the judge looked at the evidence and decided that the evidence was insufficient.
[01:34:40.120 --> 01:34:42.080]  So he dismissed.
[01:34:42.080 --> 01:34:51.360]  That rendered any motions or pleadings you may have had moot, but it didn't matter anymore
[01:34:51.360 --> 01:34:56.920]  because the case was dismissed.
[01:34:56.920 --> 01:34:57.920]  I see.
[01:34:57.920 --> 01:35:04.320]  Even my request for discovery then was new.
[01:35:04.320 --> 01:35:05.320]  That depends on the law.
[01:35:05.320 --> 01:35:13.080]  Michael Morton Act in Texas says that the prosecution must produce discovery at least
[01:35:13.080 --> 01:35:17.320]  20 days before trial.
[01:35:17.320 --> 01:35:21.080]  I was in Highland Park, Texas.
[01:35:21.080 --> 01:35:28.480]  Highland Park is the most expensive, exclusive suburb of North Dallas.
[01:35:28.480 --> 01:35:36.960]  And I told the judge that I have a discovery request into the court, and I did not receive
[01:35:36.960 --> 01:35:43.440]  the discovery within 20 days before trial as required by 39.14 Texas Code of Criminal
[01:35:43.440 --> 01:35:46.680]  Procedure, Michael Morton Act.
[01:35:46.680 --> 01:35:53.960]  Therefore, I want you to arrest the prosecutor for criminal violation 39.03 penal code, and
[01:35:53.960 --> 01:35:58.840]  that he failed to perform a duty he was performing in the process and had me pulling free access
[01:35:58.840 --> 01:36:02.760]  to or enjoyment of a right.
[01:36:02.760 --> 01:36:08.520]  And the look on the prosecutor's face was absolutely priceless.
[01:36:08.520 --> 01:36:12.800]  Oh, that was so much fun.
[01:36:12.800 --> 01:36:17.080]  That's kind of what I was looking for here.
[01:36:17.080 --> 01:36:25.440]  What does the law in Washington say about the requirement of the prosecution to produce
[01:36:25.440 --> 01:36:29.840]  production or discovery?
[01:36:29.840 --> 01:36:35.360]  Well, I'm not sure what it says.
[01:36:35.360 --> 01:36:36.360]  Okay.
[01:36:36.360 --> 01:36:38.160]  This is why I'm saying that.
[01:36:38.160 --> 01:36:43.800]  There's a thing that we do.
[01:36:43.800 --> 01:36:53.000]  Judges, they will tell you that if you don't like my ruling, then you can appeal.
[01:36:53.000 --> 01:37:02.720]  And I want to tell the judge that the judge has a duty to properly apply the law to the
[01:37:02.720 --> 01:37:03.720]  facts.
[01:37:03.720 --> 01:37:08.800]  If he fails to do so, that is an abusive discretion.
[01:37:08.800 --> 01:37:17.120]  Well, if a judge abuses his discretion and in the process denies the citizen in the full
[01:37:17.120 --> 01:37:23.120]  and free access to or enjoyment of a right, that's a crime in every state.
[01:37:23.120 --> 01:37:25.320]  It's called official misconduct.
[01:37:25.320 --> 01:37:29.720]  In most states, Texas is called official oppression.
[01:37:29.720 --> 01:37:37.320]  And it derives from 18 U.S. code 242, the Ku Klux Klan Act.
[01:37:37.320 --> 01:37:44.080]  After the Civil War, we left the constables and mayors and sheriffs in place in the south
[01:37:44.080 --> 01:37:47.560]  so that we didn't have anarchy.
[01:37:47.560 --> 01:37:50.400]  And gave them new marching orders.
[01:37:50.400 --> 01:37:55.360]  And they told those Yankee carpet baggers, go scratch, we'll do what we want to.
[01:37:55.360 --> 01:38:04.680]  So they passed the Ku Klux Klan Act so that if the law afforded you a particular protection
[01:38:04.680 --> 01:38:10.640]  and a public official failed to provide that protection, you had recourse against the official,
[01:38:10.640 --> 01:38:14.120]  both criminal and civil.
[01:38:14.120 --> 01:38:24.200]  18 U.S. code 242 is the codification of the first part of the Ku Klux Klan Act of 1871.
[01:38:24.200 --> 01:38:32.440]  The second part of the Ku Klux Klan Act is 42 U.S. code 1983.
[01:38:32.440 --> 01:38:39.560]  And for those who don't know a 1983 suit, that section allows you to file to sue a public
[01:38:39.560 --> 01:38:48.800]  official for violating a due process or denying you an right.
[01:38:48.800 --> 01:38:58.560]  Most everybody knows about 42 U.S. code 1983.
[01:38:58.560 --> 01:39:03.920]  Because people don't know about 18 U.S. code 242.
[01:39:03.920 --> 01:39:10.320]  Every state has a statute that reflects 18 U.S. code 242.
[01:39:10.320 --> 01:39:18.600]  And it's a little long and convoluted, but to paraphrase what it says is that if a public
[01:39:18.600 --> 01:39:29.720]  official exerts or purports to exert an authority they do not expressly have or fails to perform
[01:39:29.720 --> 01:39:35.640]  a duty they are required to perform and in the process denies a citizen in the full and
[01:39:35.640 --> 01:39:42.520]  free access to her enjoyment right, well that's a class A misdemeanor in the Fed, and most
[01:39:42.520 --> 01:39:46.040]  every state as well.
[01:39:46.040 --> 01:39:55.960]  That statute everybody should have memorized, it is a kettle.
[01:39:55.960 --> 01:40:02.760]  Anything a public official is required to do that they don't do, you get to use this on
[01:40:02.760 --> 01:40:03.760]  them.
[01:40:03.760 --> 01:40:08.800]  Any time an official exerts or purports to exert an authority they don't expressly have,
[01:40:08.800 --> 01:40:13.760]  you get to use this on them, and you get to sue them.
[01:40:13.760 --> 01:40:19.360]  You should have those memorized, that's where I was going with my questions earlier.
[01:40:19.360 --> 01:40:24.240]  Okay, what other questions did you have about that incident?
[01:40:24.240 --> 01:40:29.880]  Well, I don't think that I really have any more questions.
[01:40:29.880 --> 01:40:37.280]  I was just under the impression that motions were addressed first before, basically before
[01:40:37.280 --> 01:40:39.600]  the case starts.
[01:40:39.600 --> 01:40:46.800]  And you just told me that the prosecution… Normally, you're right, they are.
[01:40:46.800 --> 01:40:53.520]  But in order for that to happen, you would have to have, I'm sorry, my tongue got tangled,
[01:40:53.520 --> 01:41:01.320]  you would have had to have objected and noticed the court that before we proceed to the merits
[01:41:01.320 --> 01:41:07.560]  of the case, I have some motions before the court that must need to be heard.
[01:41:07.560 --> 01:41:14.880]  Now if they proceeded to the merits without giving you opportunity to hear the motions
[01:41:14.880 --> 01:41:21.720]  and ruled against you, then they would have denied you due process.
[01:41:21.720 --> 01:41:30.400]  But they didn't go to the motions, but ruled in your favor.
[01:41:30.400 --> 01:41:38.680]  So yes, they did something that was improper, but you were not harmed by it.
[01:41:38.680 --> 01:41:43.320]  So the courts will say, no harm, no foul.
[01:41:43.320 --> 01:41:49.120]  Any time I'm talking to somebody about building a motion or a pleading, and they start raising
[01:41:49.120 --> 01:41:55.560]  issues and addressed this with Ken from New York earlier, where he's raising all these
[01:41:55.560 --> 01:41:59.160]  issues, I don't want to say so what.
[01:41:59.160 --> 01:42:00.160]  So what they did this?
[01:42:00.160 --> 01:42:01.160]  So what they did that?
[01:42:01.160 --> 01:42:08.280]  Any time you make a claim, the court is always going to say so what.
[01:42:08.280 --> 01:42:10.440]  So they did this thing.
[01:42:10.440 --> 01:42:13.800]  How were you harmed?
[01:42:13.800 --> 01:42:21.480]  If you cannot articulate harm by an action, the action, no matter how wrongful, is not
[01:42:21.480 --> 01:42:22.480]  adjudicatable.
[01:42:22.480 --> 01:42:25.480]  Does that make sense?
[01:42:25.480 --> 01:42:28.120]  Yes.
[01:42:28.120 --> 01:42:33.840]  So now if you were ruled against, now you've got a claim.
[01:42:33.840 --> 01:42:44.680]  The first thing you do is ask the judge to withdraw his ruling and then go to your motions.
[01:42:44.680 --> 01:42:52.000]  But if you're losing your favor, don't screw with us.
[01:42:52.000 --> 01:42:53.480]  No motion there.
[01:42:53.480 --> 01:42:59.200]  Well actually, if you're losing your favor, you have no claim because you're not harmed.
[01:42:59.200 --> 01:43:03.000]  The only time you have a claim is when you're harmed.
[01:43:03.000 --> 01:43:11.680]  Even the request for discovery becomes the same rule.
[01:43:11.680 --> 01:43:18.720]  It was my favor, so their flaw or their mistake is harmless.
[01:43:18.720 --> 01:43:19.720]  Right.
[01:43:19.720 --> 01:43:20.720]  Exactly.
[01:43:20.720 --> 01:43:23.600]  That harmless error doesn't matter.
[01:43:23.600 --> 01:43:28.320]  You must always show how you were harmed.
[01:43:28.320 --> 01:43:35.360]  And with crochets, they don't always understand this part and they argue these issues.
[01:43:35.360 --> 01:43:39.040]  And a lot of times I annoy my listeners.
[01:43:39.040 --> 01:43:42.320]  Somebody argues one of these issues and I say, so what?
[01:43:42.320 --> 01:43:48.440]  And they get all annoyed and upset at me, but I keep saying, oh, so what, so what?
[01:43:48.440 --> 01:43:54.680]  You have to tell me how you're harmed, unless you're about to go to break, which I am.
[01:43:54.680 --> 01:43:56.880]  We'll be right back.
[01:43:56.880 --> 01:44:03.080]  Nutritious food is real body armor.
[01:44:03.080 --> 01:44:08.560]  It builds muscle, burns fat, improves digestion, and feeds the entire body the nutrients it
[01:44:08.560 --> 01:44:09.560]  needs.
[01:44:09.560 --> 01:44:13.160]  Did you know the US government banned the hemp plant from growing in the United States
[01:44:13.160 --> 01:44:17.720]  and classified it as a Schedule 1 drug to hide it behind the marijuana plant?
[01:44:17.720 --> 01:44:21.880]  People have been confused about this plan for over 80 years and many still don't know
[01:44:21.880 --> 01:44:22.880]  what hemp is.
[01:44:22.880 --> 01:44:27.520]  So now you know hemp is not marijuana and marijuana is not hemp.
[01:44:27.520 --> 01:44:30.240]  They are different varieties of the same species.
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[01:44:59.960 --> 01:45:11.360]  It's the 2018 Logos Radio Network annual fundraiser and gun giveaway sponsored by Central Texas
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[01:45:26.720 --> 01:45:29.520]  More prizes and sponsors to be announced.
[01:45:29.520 --> 01:45:35.600]  When you purchase Randy Kelton's e-book, Legal 101, you get four chances to win.
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[01:46:31.320 --> 01:46:58.280]  Okay, we are back. Randy Kelton, Wheel of Law Radio, and we're talking to...
[01:46:58.280 --> 01:47:08.280]  I was talking to Rick in Washington. I think Rick was dropped off when we lost him.
[01:47:08.280 --> 01:47:17.240]  Okay, that's good. I'm going to Herman. This says monster. Monster, Herman?
[01:47:17.240 --> 01:47:33.160]  706. Where is 706 area code? Oh. There you go. Hey. You don't sound like monster Herman.
[01:47:33.160 --> 01:47:40.120]  It's Herman Munster. Okay, say that again, too.
[01:47:40.120 --> 01:47:46.760]  I'm Ken's friend. He's been helping me in my lawsuit that I'm in. I'm currently in a
[01:47:46.760 --> 01:47:52.680]  lawsuit. Wait a minute. Who's been helping you? Ken, Herman. Oh, okay. Okay, so you know Ken.
[01:47:52.680 --> 01:48:01.800]  Okay, Ken, hold on. Let me unmute you. Of course. Ken, do you know the Munster family?
[01:48:02.680 --> 01:48:11.720]  Yes, I do. They're famous TV stars. Yes, I had her call in. She's got a couple
[01:48:11.720 --> 01:48:14.520]  questions, and I can't promise that I might have said them to her, so...
[01:48:14.520 --> 01:48:23.000]  That'll work. Okay, I don't want to call you Herman Munster. What did you... What was your
[01:48:23.000 --> 01:48:34.360]  first name? Lauren. Lauren? Lauren, yes. Okay, go ahead, Lauren. What do you have for us?
[01:48:35.400 --> 01:48:42.600]  Okay, I have two questions here. What did you mean by bonding agent,
[01:48:42.600 --> 01:48:48.520]  track bar grievances and criminal complaints? Oh, one of my favorite subjects.
[01:48:49.640 --> 01:48:57.240]  If... Okay, bonding agent's just an insurance agent. If you're a court or a municipality,
[01:48:59.080 --> 01:49:05.160]  you will have a bond. If you're a singular individual, you'll have an insurance policy.
[01:49:05.160 --> 01:49:12.440]  All lawyers have, and all, for the most part, all licensed professionals,
[01:49:12.440 --> 01:49:17.640]  have errors in emissions policies. And you know, here we deal with politics.
[01:49:19.000 --> 01:49:24.360]  And here's the deal on a bar grievance. If you file a bar grievance against a public...
[01:49:25.240 --> 01:49:31.080]  against a lawyer, the state bar association is going to get that grievance, and they're
[01:49:31.080 --> 01:49:38.440]  going to throw it in the trash. And that's a good thing. The reason it's a good thing
[01:49:39.160 --> 01:49:44.120]  is the insurance carrier knows they're going to throw it in the trash. So how do they gauge
[01:49:44.120 --> 01:49:51.960]  their level of risk? By valid bar grievances? Take them to them all in the trash. By the numbers.
[01:49:52.760 --> 01:49:56.280]  One bar grievance for a first year of practice. They'll cancel immediately.
[01:49:56.280 --> 01:50:01.880]  Two bar grievances. Any one year of practice they cancel. If you've been practicing 20 years,
[01:50:03.080 --> 01:50:07.160]  three bar grievances, they'll cancel and give law firms about practice insurance.
[01:50:07.880 --> 01:50:14.360]  And I had a lawyer say to me, that is patently unfair. He's the one that told me about this.
[01:50:15.480 --> 01:50:19.480]  He said, that is patently unfair. And I'm standing there grinning from ear to ear.
[01:50:19.480 --> 01:50:27.960]  And he looked at me and he said, I shouldn't have told you that. No, you should not. I once
[01:50:28.520 --> 01:50:34.760]  grieved a lawyer, and this was relatively recently, for parting his hair on the left.
[01:50:34.760 --> 01:50:40.760]  I've been telling people for years you can do that. And I finally did it just to be annoying.
[01:50:41.720 --> 01:50:47.960]  And I talked to the lawyer and he said, why did you do that? I said, well, it didn't make
[01:50:47.960 --> 01:50:53.800]  any difference on a file. The bar is not going to do anything unless I had grieved you for what
[01:50:53.800 --> 01:51:00.120]  you actually did. Then they might have disbarred you. But what the bar is going to do is they're
[01:51:00.120 --> 01:51:04.200]  going to get your grievance. They're going to send you this letter that says we examined into your
[01:51:04.200 --> 01:51:11.400]  accusation. Find it does not rise to the level of misconduct and trash it. And the insurance
[01:51:11.400 --> 01:51:16.360]  carers are going to double the malpractice insurance and it generally starts at about 25 grand a year.
[01:51:16.360 --> 01:51:25.560]  And if the lawyer says one word about it, you bar grieve him for that. He's forbidden to mention
[01:51:25.560 --> 01:51:33.320]  it. If he has anything to say, he can only say it to the bar. I tell people you will never win
[01:51:33.320 --> 01:51:40.600]  your case simply because you have the law and the facts on your side. To think so is naive.
[01:51:40.600 --> 01:51:48.360]  It is not that way now. Never has been that way since we've had human beings for judges.
[01:51:50.040 --> 01:52:00.920]  You will win your case if you have the politics on your side and all politics is local. This is not
[01:52:00.920 --> 01:52:08.680]  a problem unless you don't understand that everything's political. Once you understand
[01:52:08.680 --> 01:52:15.160]  that everything's political, now you understand how it really works and you start looking for the
[01:52:15.160 --> 01:52:20.920]  politics. And bar grievances, judicial conduct complaints, professional conduct complaints
[01:52:20.920 --> 01:52:30.680]  against police officers, these are so powerful. A lawyer would never even contemplate filing a
[01:52:30.680 --> 01:52:37.000]  bar grieve or judicial conduct complaint against a judge because they are terrified that the judges
[01:52:37.000 --> 01:52:44.120]  would gang up on them. And they're right, they will. I mentioned earlier I sued Denton County for
[01:52:44.120 --> 01:52:53.720]  $11 million. I talked to 60 lawyers. The last one was the previous district attorney in Denton
[01:52:53.720 --> 01:53:00.280]  County to the one that I sued. His name was Jerry Cobb and I said, hello Jerry, my name is Randy
[01:53:00.280 --> 01:53:06.360]  Kelton and I have sued Denton County, so Mr. Kelton, I know all about your suit. So I can't
[01:53:06.360 --> 01:53:12.200]  represent you. You made accusations against the judges in there and I have to represent clients
[01:53:12.200 --> 01:53:19.160]  in this county. I said, what's the matter Jerry? You afraid those judges will screw your next client
[01:53:19.160 --> 01:53:28.840]  to get back at you? He said what every other lawyer did, you darn right they will. Now I don't know
[01:53:28.840 --> 01:53:39.880]  if that's true or not, but I do know that the lawyers think it's true. And understanding what
[01:53:39.880 --> 01:53:49.560]  scares the lawyers, I guess is politics. You get a lawyer, you think your lawyer is going to be
[01:53:49.560 --> 01:53:54.600]  Perry Mason and he's going to come in there and he's going to fight for your rights.
[01:53:54.600 --> 01:54:05.560]  If your lawyer does anything to annoy that judge, that judge is likely to screw his next client
[01:54:05.560 --> 01:54:15.480]  to get back at him. So for him to do that would be unconscionable. He is not going to dare to do
[01:54:15.480 --> 01:54:25.800]  anything that will annoy the judge, even if it means throwing you under the bus. Unless he could
[01:54:25.800 --> 01:54:35.720]  go to the judge and say, I have a uncontrollable client and this is how they do that. If the
[01:54:35.720 --> 01:54:40.280]  lawyer goes before the court and he says, the law says this and the law says that,
[01:54:40.280 --> 01:54:47.720]  that's the lawyer adjudicating this case. But if the lawyer says your honor, my client says this
[01:54:47.720 --> 01:54:58.120]  and my client says that, that's code to the judge that says don't blame me for doing this.
[01:54:59.560 --> 01:55:04.520]  I got a difficult client and they're going to kick my behind if I don't.
[01:55:04.520 --> 01:55:12.360]  See, everything's about politics. Once we understand the politics,
[01:55:13.400 --> 01:55:21.160]  then now we have a way to fight these guys. You should think of court in terms of a four-sided
[01:55:21.160 --> 01:55:30.280]  chess board. Do you play chess? I don't. Okay. If you play chess, chess is kind of complex.
[01:55:30.280 --> 01:55:40.120]  Anybody who's played chess, I always challenge them to play three or four moves and then
[01:55:41.000 --> 01:55:47.160]  turn the board around. You're looking at your side and you're looking at the other person's side
[01:55:47.720 --> 01:55:53.000]  and you're trying to engage what the other guy's trying to do from the perspective you're looking
[01:55:53.000 --> 01:56:01.400]  at it. Turn the board around. You will be amazed at how different the perspective looks
[01:56:03.400 --> 01:56:10.440]  from the other side. Okay. In court, it's like a four-sided chess board.
[01:56:11.880 --> 01:56:17.240]  And in four-sided chess, everything is about relationships. You come to court and you sit
[01:56:17.240 --> 01:56:23.640]  down at the table. Your lawyer is to your right opposing counsel to your left to judge in front
[01:56:23.640 --> 01:56:30.760]  of you. You have a relationship with your lawyer. Your lawyer has a relationship with you.
[01:56:31.960 --> 01:56:38.120]  He has a relationship with opposing counsel because they're in court against each other
[01:56:38.120 --> 01:56:47.800]  on the same side back and forth all the time. Both of these lawyers have a relationship with the judge.
[01:56:47.800 --> 01:56:53.480]  You're the odd one out. So if you're going to win your case, what we need to be able to do
[01:56:54.440 --> 01:57:02.040]  is take your lawyer and use his relationship with opposing counsel and the judge to your benefit.
[01:57:02.040 --> 01:57:10.680]  Okay. I stood in court once and my lawyer told me, they had appointed him for me,
[01:57:11.320 --> 01:57:15.720]  that the prosecutor said she knows who you are and if you start filing criminal charges,
[01:57:15.720 --> 01:57:20.120]  she's going to charge you with temperance government document. And I looked at the prosecutor
[01:57:20.120 --> 01:57:25.320]  and she's up by the judge. She said that, did she? And she kind of scooted up against the judge
[01:57:25.320 --> 01:57:31.000]  like he had protect her. I said, I got about 30 of them here and I pulled a big stack out of my
[01:57:31.000 --> 01:57:36.040]  briefcase. She'd get her over here. I need her to verify these in court as their duty on article
[01:57:36.040 --> 01:57:43.640]  2.1, 2.06 code criminal procedure. And I handed them to the prosecutor, to my
[01:57:45.960 --> 01:57:49.880]  lawyer and he held up both hands with his palms out. I'm not going to touch them. I'm not going
[01:57:49.880 --> 01:57:59.800]  to touch them. Take them you chicken. He backed up. The judge calls a recess for lunch. Before I
[01:57:59.800 --> 01:58:08.200]  could get my taco, the lawyer called me and said the judge dismissed the case. He dismissed the
[01:58:08.200 --> 01:58:17.400]  case to protect my lawyer from me. Okay. We're out of time today. If you'll come back next week,
[01:58:17.400 --> 01:58:21.320]  this is one of my favorite subjects. This is one of the most important things to understand.
[01:58:21.880 --> 01:58:27.640]  I have a whole methodology about how to turn everything around on these guys.
[01:58:27.640 --> 01:58:36.280]  I will show you how to give them a walk through the legal system they will not believe.
[01:58:37.160 --> 01:58:44.360]  This is Randy Kelton with our radio. We'll be back next Thursday night for our regular show
[01:58:44.360 --> 01:58:49.160]  and for two hours and four hours Friday. Thank you all for listening. Good night.
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