[00:00.000 --> 00:06.640] The following news flashes brought to you by The Lone Star Lowdown. [00:06.640 --> 00:13.440] Markets for Wednesday 16 January 2019 open with precious metals gold at $1,294.63 an [00:13.440 --> 00:19.680] ounce, silver $15.60 an ounce, copper $2.66 an ounce, oil, Texas crude $52.11 a barrel, [00:19.680 --> 00:27.440] Brent crude $60.64 a barrel, and cryptos in order of Market Cap, Bitcoin $3,649.76, Ripple [00:27.440 --> 00:35.280] XRP $0.32, Ethereum $122.95, and Bitcoin cash at $129.54 a crypto coin. [00:37.520 --> 00:44.080] Today in History, the year 1377 Pope Gregory XI moves the papacy back to Rome from Avignon, [00:44.080 --> 00:49.280] France where it had been since 1309, the relocation of the Pontifix Maximus back to [00:49.280 --> 00:56.880] Rome from Avignon to Today in History. In recent news, for the fiscal year of 2017 [00:56.880 --> 01:02.800] in Texas, nearly 18,000 state employees working for cities, towns, and counties made at least $100,000 [01:02.800 --> 01:07.920] in their yearly salary costing taxpayers $2.1 billion, with almost 2,000 of them making more [01:07.920 --> 01:13.680] than $150,000 out earning even the governor's pay grade. In Denton County, in the city of Renaud, [01:13.680 --> 01:18.320] with a population of only 8,000, city manager Scott Campbell made over a quarter of a million [01:18.320 --> 01:24.480] dollars. In Dallas County, the city manager Opal Maldon Jones of Lancaster, a population of $39,000, [01:24.480 --> 01:29.440] made over half a million, coming in second place on the top 10 most compensated city managers in [01:29.440 --> 01:36.000] Texas. The number one spot went to Jesus Olivares of Laredo, population 261,000. When he retired [01:36.000 --> 01:42.400] in 2017, he was paid out over $651,000 in cash when he originally started off at roughly only [01:42.400 --> 01:48.080] $160,000 in 2014. However, it wasn't only city managers ranking in the dough, assistant city [01:48.080 --> 01:52.800] managers of the which cities have more than one have also been compensated quite well. [01:52.800 --> 01:57.760] All of Austin's five assistant city managers are raking in well over $200,000 each, as well as the [01:57.760 --> 02:02.160] four assistant city managers in San Antonio. If that wasn't enough for you, even pool managers, [02:02.160 --> 02:06.480] zoo, public works, parks and recreation and library directors have all benefited quite [02:06.480 --> 02:12.560] lucratively from their public service as well, many of which are several degrees north of $150,000. [02:12.560 --> 02:18.640] Add to this the 42 library and 95 park employees making at least six figures, and maybe it's time [02:18.640 --> 02:22.960] Texans quit worrying about cutting pork in Washington and start focusing on frying some [02:22.960 --> 02:30.000] local bacon instead. The oldest soft drink brand in the United States, the Dr. Pepper soft drink [02:30.000 --> 02:35.120] company started a change.org petition to become the official soft drink of Texas. Dr. Pepper was [02:35.120 --> 02:40.720] created in Waco in 1885 by a pharmacist named Charles Alderton. The petition has well over [02:40.720 --> 02:48.400] 5,000 signatures. The state's 321,000 public school teachers could be getting raises pretty [02:48.400 --> 02:53.280] soon, with Senator Jane Nelson filing a bill to give teachers a $5,000 annual raise. [03:19.200 --> 03:23.040] Tell me, what you're gonna do, what you're gonna do? [03:25.760 --> 03:32.720] Yeah, bad boys, bad boys, what you're gonna do, what you're gonna do when they come for you? [03:32.720 --> 03:38.400] Bad boys, bad boys, what you're gonna do, what you're gonna do when they come for you? [03:38.400 --> 03:43.840] When you were eight and you had bad dreams, you go to school and earn the gold and lose, [03:43.840 --> 03:49.920] so why are you acting like you're play blue? It's sugar than you muster's cool, bad boys, [03:49.920 --> 03:54.640] bad boys, what you're gonna do? Oh what you're gonna do when they come for you? [03:54.640 --> 04:00.320] Bad boys, bad boys, what you're gonna do? Oh what you're gonna do when they come for you? [04:00.320 --> 04:04.320] You took it done, that's one. You took it done, this one. You took it done, your mother, [04:04.320 --> 04:07.600] and you took it done, your father. You took it done, your brother, and you took it done, your [04:07.600 --> 04:16.600] Okay, howdy, howdy, Randy Kelton, Debra Stevens, Real Raw Radio on this, the 17th day of January [04:16.600 --> 04:27.000] 2019. Doesn't seem like we can be this far into the millennium. You know, we're almost [04:27.000 --> 04:35.560] a fifth of the way through this millennium. That's kind of scary. But anyway, things are [04:35.560 --> 04:45.320] going pretty well. The project is coming along pretty well. We do have the phone lines open. [04:45.320 --> 04:55.040] They'll be open all night. I call in number 512-646-1984. And a little, not so much an [04:55.040 --> 05:12.160] update, but a request. Right now, I'm looking for someone in every state that can help find [05:12.160 --> 05:18.800] the traffic code for each state so that we can take the traffic site and update it for [05:18.800 --> 05:28.800] all of the states. I have it pretty well completed for Texas. If you're in another state and [05:28.800 --> 05:37.920] you want to see the way we go after these guys and the kinds of things we want to know, then [05:37.920 --> 05:46.000] go to the traffic site and put in some, just any old BS ticket information. And they don't [05:46.000 --> 05:53.240] cost the real one. It doesn't charge you. It's all free. And put it in a state of Texas. [05:53.240 --> 06:01.520] If you put it in Texas, it will select all of the documents that I have on the site. [06:01.520 --> 06:09.480] And look at those documents. Primarily, we try to avoid the merits. And I understand that [06:09.480 --> 06:18.400] we have some really good arguments for a number of the different statutes, like speeding [06:18.400 --> 06:23.440] and others that we have really good arguments for. But you don't ever want to get to the [06:23.440 --> 06:32.840] merits until you've been through all the details. Both parties have certain conditions they [06:32.840 --> 06:40.600] have to meet in order to have the legal capacity to invoke the subject matter jurisdiction [06:40.600 --> 06:47.600] of the court. The court is not, jurisdiction is not automatically invoked simply because [06:47.600 --> 06:56.080] a police officer files a document with the court. That document must be sufficient to [06:56.080 --> 07:05.960] invoke. And even before I go after, especially in personum jurisdiction, that's really [07:05.960 --> 07:13.440] the second thing. I know in personum must be challenged with your first filing. But [07:13.440 --> 07:20.840] in personum is the second issue. First issue is subject matter jurisdiction. And a note [07:20.840 --> 07:29.560] on that, if you file a whole stack of documents and one of them is in personum, then in personum [07:29.560 --> 07:38.600] is considered first filed. So nothing stands in front of an even subject matter jurisdiction. [07:38.600 --> 07:48.680] But before the court can get to in personum, it must get past subject matter. So we want [07:48.680 --> 07:56.840] to ask some questions first. Who the heck is this officer? And where specifically does [07:56.840 --> 08:08.760] this officer get his authority to enforce the transportation code? Second, how does [08:08.760 --> 08:18.440] the transportation code? I'm sorry, I started to ask the wrong question. What in the document [08:18.440 --> 08:31.880] establishes in the initial instrument, in the complaint, establishes that you or I fall [08:31.880 --> 08:43.360] within the jurisdiction of the statutory scheme? If you haven't listened to our arguments, [08:43.360 --> 08:50.920] it probably didn't make a lot of sense. But we maintain that the transportation code only [08:50.920 --> 09:03.800] applies to commerce. So I'm saying don't argue commerce first. Argue that the complaint [09:03.800 --> 09:14.160] fails to address commerce, which is a necessary element and therefore the complaint is insufficient. [09:14.160 --> 09:21.000] We don't get to the court until the court proves of jurisdiction. We challenge the [09:21.000 --> 09:27.440] sufficiency of the charging instrument. And before the court can get to any of the elements [09:27.440 --> 09:34.360] they have to get past, the challenge to the charging instrument. We can argue transportation [09:34.360 --> 09:47.200] later. We first argue that even if transportation applies, when we challenge its application, [09:47.200 --> 09:54.960] the other side has to prove it up. It is not assumed. And that's a primary principle of [09:54.960 --> 10:00.600] challenge subject matter jurisdiction. Jurisdiction cannot be presumed. It must be proven. So [10:00.600 --> 10:05.280] before we try to prove they don't have jurisdiction, they have to come up with evidence to indicate [10:05.280 --> 10:13.160] that they do. And everybody knows, and it's always been that way, that's not proof. That's [10:13.160 --> 10:21.800] your say. So we want to look at the codes for each state. The primary thing we want to look [10:21.800 --> 10:32.160] at is the transportation code. For the state, is the transportation code, I'm sorry, has [10:32.160 --> 10:44.880] the transportation code been passed into statutory law or has it been passed into a professional [10:44.880 --> 10:53.240] conduct code? If it's passed into statutory law, then it applies to everybody. If it hasn't [10:53.240 --> 11:02.760] been passed into statutory law, but has been adopted in the standard normal way it's adopted, [11:02.760 --> 11:11.160] then it only applies to professional drivers based on the fact that they are granted a [11:11.160 --> 11:22.840] licensed privilege to use the highways for commerce. And in return for that privilege, [11:22.840 --> 11:30.720] they agree to be bound by the statutory scheme. And they are only bound by the statutory [11:30.720 --> 11:40.280] scheme when they are using the public thoroughfares for commercial purposes. These are the first [11:40.280 --> 11:48.920] arguments we want to make. Then let them argue the issue of transportation later, but first [11:48.920 --> 11:54.520] they got to show that they have authority to come after us in the first place. And the [11:54.520 --> 11:59.560] way we do that is first thing we go after is charging instrument. We want to see what [11:59.560 --> 12:08.600] the code says. In Texas it's clear that the code is to regulate commercial traffic. In [12:08.600 --> 12:14.800] other states it's not likely to be so clear, but if it's passed as a separate code, applying [12:14.800 --> 12:21.640] only to licensed and commercial drivers, we need to find that in the code. We need to [12:21.640 --> 12:27.040] be able to argue that it doesn't apply. So first thing you do is check the transportation [12:27.040 --> 12:33.280] code. The enacting clauses of the transportation code at the beginning will tell you how it's [12:33.280 --> 12:42.600] intended to apply. And once we get past that part, then who is authorized to enforce the [12:42.600 --> 12:52.160] transportation code? I've got a ticket here in Tennessee, so I'm going to get to check [12:52.160 --> 12:57.280] out the Tennessee legal system. And as I understand in Tennessee, I don't have the code in front [12:57.280 --> 13:06.720] of me at the moment. According to Olivier, the only officers who can enforce the transportation [13:06.720 --> 13:14.360] code are highway patrol. A municipal officer can enforce the transportation code if the [13:14.360 --> 13:21.840] municipal officer is investigating an accident. And that the municipal officer or other police [13:21.840 --> 13:30.480] officers are specifically authorized to enforce the transportation code in that instance. [13:30.480 --> 13:35.880] So that means if they're only authorized in that instance, then in other instances they [13:35.880 --> 13:43.640] are not. If they were, they would be authorized in other instances as well. So these are the [13:43.640 --> 13:48.480] kind of things we want to look at. And once I get those codes, I can convert them into [13:48.480 --> 13:56.040] pleadings and we can build a set of pleadings for every state. When we get ready to launch [13:56.040 --> 14:04.360] the whole project and we launch traffic, we will shut down traffic in the whole U.S. [14:04.360 --> 14:12.680] and hope to do it in a very short time. But I need, right now I need people who can help [14:12.680 --> 14:19.160] me find these answers. Okay, enough of that. Got a couple of callers on. I'm going to start [14:19.160 --> 14:25.480] out by going to Ralph in Texas. Hello, Ralph. What do you have for us today? [14:25.480 --> 14:33.520] Well, hello, Mr. Kelton. It sounds like you're doing real good with your project. And congratulations. [14:33.520 --> 14:37.880] I have a question about car basins. I think I'm wanting to build a car basin. [14:37.880 --> 14:44.560] Wait, say that again. You want to build a what? I think I want to make a tar baby. [14:44.560 --> 14:51.040] Oh, okay. And who do you want to stick to this tar baby? [14:51.040 --> 15:01.720] Well, I want to start with a magistrate judge. Magistrate judge. What kind of court is this [15:01.720 --> 15:08.320] one? All right, this is a federal court. Okay, that's why I asked, would you say magistrate [15:08.320 --> 15:14.720] judge? It always makes me think federal court. Right. So the magistrate is here in everything [15:14.720 --> 15:21.440] except for making the actual orders. So if a dispossessed motion comes his way, he makes [15:21.440 --> 15:29.800] a report recommendation and gives that to the judge. And he is making a recommendation [15:29.800 --> 15:38.240] that doesn't cut the facts. Okay, hold on, hold on. That started in the middle. How did [15:38.240 --> 15:50.040] the magistrate get authority to make any rulings in this case? [15:50.040 --> 15:57.120] It's automatic. No, it is not. Well, you can opt in to let him make the final decision. [15:57.120 --> 16:03.200] No, no, no, no. He can't do anything unless you sign that agreement. [16:03.200 --> 16:11.280] Well, it's right. It's clear in the code. You have to agree to it. And if you don't [16:11.280 --> 16:17.520] agree to it, they do it anyway. Right. So you go after him for lack of subject [16:17.520 --> 16:25.240] manager jurisdiction. Well, I don't know if I want to start that part, Randy. He's had [16:25.240 --> 16:32.520] the case for a couple years now and don't care. Well, but I mean, technically, it doesn't [16:32.520 --> 16:38.560] matter if you didn't sign that agreement. Then he has no standing. Let me ask another [16:38.560 --> 16:44.080] question, which I haven't asked yet. And I'm going to hold that question until we get back [16:44.080 --> 16:50.080] from break. This is because of a recent Supreme Court decision that may kick the magistrates [16:50.080 --> 16:57.080] behind. Randy Kelton, Deborah Stevens, Rule of Law Radio will be right back. [17:20.080 --> 17:26.520] One works. The grand prize up for grabs is a Spike's Tactical AR 15. More prizes and [17:26.520 --> 17:32.520] sponsors to be announced. When you purchase Randy Kelton's ebook, Legal 101, you get [17:32.520 --> 17:38.560] four chances to win. Purchase Eddie Craig's Traffic Seminar and get 10 chances to win. [17:38.560 --> 17:44.680] And remember, every $25 donation is a chance to win. If you've enjoyed the shows on Logos [17:44.680 --> 17:50.040] Radio Network, support our fundraiser so we can keep bringing you the best quality program [17:50.040 --> 17:55.520] coming on Talk Radio today. We also accept Bitcoin and other cryptocurrencies. Go to [17:55.520 --> 18:02.760] LogosRadioNetwork.com for details and donate today. Are you being harassed by debt collectors [18:02.760 --> 18:07.960] with phone calls, letters, or even lawsuits? Stop debt collectors now with the Michael [18:07.960 --> 18:13.280] Miras Proven Method. Michael Miras has won six cases in federal court against debt collectors [18:13.280 --> 18:18.520] and now you can win, too. 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[19:00.680 --> 19:22.680] If you are listening to the Logos Radio Network, www.logosradionetworks.com, click on it. [19:22.680 --> 19:48.680] If you are listening to the Logos Radio Network, www.logosradionetworks.com, click on it. [19:48.680 --> 20:03.680] Okay, we are back. Randy Kelton, Deborah Stevens, Rule of Law Radio. When we went out, I was [20:03.680 --> 20:13.960] talking about magistrates. We just had a ruling in the federal court in the Supreme concerning [20:13.960 --> 20:23.160] the SEC. This is a ruling that is touted as beginning to take apart the new deal put [20:23.160 --> 20:33.760] in by rules about years ago. The SEC was appointing magistrates. These magistrates were hearing [20:33.760 --> 20:42.120] cases that the commission itself had to approve their decisions. The SEC claimed that these [20:42.120 --> 20:48.640] were not officers who had to be appointed by the president, but they were merely employees [20:48.640 --> 20:57.200] because their decisions were not final. The Supreme Court said, yes, they are final, or [20:57.200 --> 21:03.200] yes, they are officers, and they must be appointed by the president. They had three commissioners, [21:03.200 --> 21:13.000] three magistrate judges, that all of the cases they heard had to be thrown out and re-heard. [21:13.000 --> 21:20.840] Pretty big deal. It really pulls the teeth of the SEC, but it applies to every other [21:20.840 --> 21:26.640] administrative court in the country, and the magistrate court is an administrative court. [21:26.640 --> 21:35.760] What I don't know is how federal magistrates take their position. You need to find that [21:35.760 --> 21:46.880] out. This particular ruling just came down, I think, in either July or August of this [21:46.880 --> 21:54.520] year. It's brand new. I don't know if anybody's looked at federal magistrates. You might want [21:54.520 --> 22:03.200] to check and see how federal magistrates get in their office. Are they appointed, like [22:03.200 --> 22:09.920] federal judges are, or are they simply hired by the courts? I think they're hired by the [22:09.920 --> 22:17.120] courts. I haven't looked it up yet, but I've never heard of anything concerning the appointment [22:17.120 --> 22:29.680] of a magistrate. Okay. Can you hear me? Yes. Randy. Yes, I can hear you. Go ahead. All [22:29.680 --> 22:35.840] of the magistrate's papers say the same thing. I'll read it to you. It says, this case is [22:35.840 --> 22:42.840] assigned to the Honorable I Am Another Attorney, United States District Judge, and referred [22:42.840 --> 22:52.120] to the undersigned United States Magistrate Judge for pretrial management. You have to [22:52.120 --> 23:01.400] sign a document accepting that magistrate. Well, the only paper they gave me to sign [23:01.400 --> 23:08.640] accepting the magistrate is the one that said I accept the magistrate to do all of the case, [23:08.640 --> 23:16.000] not just the pretrial management. No, a magistrate can never do all of the case. Well, that's [23:16.000 --> 23:22.600] not what they're doing now. What the magistrate will do is he's going to hear the case. Oh, [23:22.600 --> 23:29.600] wait. Hold on. You're saying he's doing pretrial. What's he doing in pretrial? He is so far [23:29.600 --> 23:37.800] he's, if somebody does a motion for discovery and somebody can test it, he's hearing all [23:37.800 --> 23:43.800] those things, and what he does is if any positive motion comes by that's going to dismiss the [23:43.800 --> 23:49.720] case or dismiss the claims of a case, then he does a report and recommendation to the [23:49.720 --> 23:55.720] district judge. That doesn't give him any work. He will still fall under the Supreme [23:55.720 --> 24:06.200] Court decision. Well, that... So even if he doesn't, it'll be a great way to kick him [24:06.200 --> 24:17.800] in his teeth. Well, because for certain, the federal courts will not want to get this before [24:17.800 --> 24:27.480] the Court of Appeals of the Supreme. The primary reason that I believe that this particular [24:27.480 --> 24:36.120] case made it to the Supreme is because Trump hates these guys. They needed to be appointed [24:36.120 --> 24:44.400] by the president, and Trump has been harassed by the FCC his entire career. He's essentially [24:44.400 --> 24:55.240] been under his thumb because he was in an investment, and he used his position and the [24:55.240 --> 25:02.520] influence of his position to get the FCC hammered. Well, that also hammers everybody [25:02.520 --> 25:09.760] else. So now the president gets to appoint all these guys, and from the way I read the [25:09.760 --> 25:18.080] codes, let's go back and reread it. There's a Mayfair, some odd name, controlling case [25:18.080 --> 25:30.240] that says if the judge makes hears, motions and pleadings and makes decisions, he is [25:30.240 --> 25:39.400] an officer. I don't think they can get around it. So at least check that. [25:39.400 --> 25:48.160] We're talking about Tar Baby. The best kind to go after him with is the kind they don't [25:48.160 --> 25:53.680] see coming. Okay, with that said, I'm going to shut up and let you go to the issues you [25:53.680 --> 25:55.680] wanted to bring. [25:55.680 --> 26:02.000] Well, I've listened to you talk about this several times on the radio. It's one of your [26:02.000 --> 26:07.360] favorite subjects. I haven't gotten into it because I didn't need it. At least I didn't [26:07.360 --> 26:12.440] think I did. I have had the past situation where I could have used it. I didn't realize [26:12.440 --> 26:18.040] it at the time, but I would like to do it now. So I'm still a little bit foggy on some [26:18.040 --> 26:23.560] of the details, and I want to ask you about, and the last time I listened to you, I can't [26:23.560 --> 26:30.480] remember if this was two weeks ago. You mentioned 28 USC, but you couldn't remember the rest [26:30.480 --> 26:31.480] of it. [26:31.480 --> 26:38.920] I think it's 235 or 353 is what sticks in my brain. Let me go ahead and I will look [26:38.920 --> 26:40.920] it up while we're talking. [26:40.920 --> 26:46.520] Okay. Well, I wanted to know what this was, so I could check on that, see what it says, [26:46.520 --> 26:51.400] and then going from memory only, and I've been looking through the archives today because [26:51.400 --> 26:56.000] I do have notes on some of this, but I wanted to talk to you because it wasn't the actual [26:56.000 --> 27:01.760] judge that was part of the question about the fall day because he hasn't made a ruling [27:01.760 --> 27:08.200] decision, but he is making a report and recommendation, and I've got to object to that report and [27:08.200 --> 27:13.160] recommendation. So what is his mistake in the law, his failure to apply the law for [27:13.160 --> 27:18.600] the fact is causing me extra work, so I consider that an injury because I shouldn't have to [27:18.600 --> 27:19.600] do it. [27:19.600 --> 27:26.680] So, it won't get to rambling too much. What I'm thinking is that you have said a person [27:26.680 --> 27:33.480] needs to make a criminal complaint and mail it to the grand jury, and when it gets intercepted [27:33.480 --> 27:37.560] by the prosecutor, go through the process there, which I am very good familiar with [27:37.560 --> 27:44.880] and I can go back and look at, but you also said to file a complaint with the FBI. [27:44.880 --> 27:58.840] Yes, the only FBI agent whose name you can find is the special agent in charge, and that's [27:58.840 --> 28:09.120] the perfect one. You look up whatever district you're in and you find who the SAC is and [28:09.120 --> 28:16.080] you direct your complaint to the SAC. I will have to look up my last complaints. I think [28:16.080 --> 28:26.160] they were in the broad case where I have a complaint against the SAC for not filing his [28:26.160 --> 28:33.680] notice of the crime to with the Attorney General in D.C. That's what that statute goes to, [28:33.680 --> 28:40.880] the 28 U.S.C. statute. I'll have it in there so that you file with the information request [28:40.880 --> 28:47.720] with the SAC and ask to see that document. I mean, with the Attorney General and ask [28:47.720 --> 28:55.720] to see that document when they don't reply, then you file against the Attorney General. [28:55.720 --> 29:10.200] So I'm thinking, since it's a federal case, I want to contact the FBI, the federal grand [29:10.200 --> 29:15.640] jury and also the local state grand jury. Yes. [29:15.640 --> 29:21.000] Okay, so that's the story right there that I filed the same complaint with. So one day [29:21.000 --> 29:27.880] I'll have a little bit about the complaint. I hear something. Is that you? Okay. [29:27.880 --> 29:36.280] No. Go ahead. I lost my mouse. Where's my clock? Yeah, that's the music. Hang on. Go [29:36.280 --> 29:41.400] on to break. You can hear the music I can't. So that's a little bit of an issue we have [29:41.400 --> 29:46.560] with the caller page. But okay, we're about to go to break. We'll pick this up when we [29:46.560 --> 29:53.880] come back. Randy Kelton, David Stevens, the rule of law radio, our call in number 512-646-1984. [29:53.880 --> 29:56.000] We'll be right back. [29:56.000 --> 30:08.960] GPS is supposed to help drivers get from point A to point B. But in Australia, it led a trio [30:08.960 --> 30:14.200] of Japanese tourists on a voyage into the sea. I'm Dr. Cameron Albrecht. Back to tell you [30:14.200 --> 30:17.760] about a navigational disaster next. [30:17.760 --> 30:22.280] Privacy is under attack. When you give up data about yourself, you'll never get it back [30:22.280 --> 30:28.080] again. And once your privacy is gone, you'll find your freedoms will start to vanish too. [30:28.080 --> 30:34.320] So protect your rights. Say no to surveillance and keep your information to yourself. 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When in doubt, let your common sense, not your GPS, be your [31:23.480 --> 31:31.480] guide. I'm Dr. Cameron Albrecht for StartPage.com, the world's most private search engine. [31:31.480 --> 31:35.920] Did you know there are three million edible food plants on earth, and none have the nutritional [31:35.920 --> 31:41.160] value of the hemp plant? HempUSA.org offers you hemp protein powder. It does not contain [31:41.160 --> 31:47.560] chemicals or THC. It's non-GMO, and is 100% gluten free. Hemp protein powder burns fat, [31:47.560 --> 31:55.360] builds muscle, contains 53% protein, and feeds the body the nutrients it needs. Call 888-910-4367 [31:55.360 --> 32:00.360] and see what our powder seeds and oil can do for you. Only at HempUSA.org. [32:00.360 --> 32:11.880] It's the 2018 Logos Radio Network Annual Fundraiser and Gun Giveaway, sponsored by Central Texas [32:11.880 --> 32:19.120] Gun Works. Go to logosradionetwork.com and enter to win. Every $25 donation is a chance [32:19.120 --> 32:25.320] to win. From Central Texas Gun Works, the grand prize up for grabs is the Spikes Tactical [32:25.320 --> 32:32.320] AR-15. More prizes and sponsors to be announced. When you purchase Randy Kelton's e-book, [32:32.320 --> 32:38.400] Legal 101, you get four chances to win. Purchase Eddie Craig's Traffic Seminar and get ten [32:38.400 --> 32:45.200] chances to win. And remember, every $25 donation is a chance to win. If you've enjoyed the [32:45.200 --> 32:50.000] shows on Logos Radio Network, support our fundraiser so we can keep bringing you the [32:50.000 --> 32:56.720] best quality programming on Talk Radio today. We also accept Bitcoin and other cryptocurrencies. [32:56.720 --> 33:03.720] Go to logosradionetwork.com for details and donate today. [33:03.720 --> 33:14.720] Live free speech radio, logosradionetwork.com. [33:14.720 --> 33:44.640] Okay, we are back. Randy Kelton, Debra Stevens Reels Law Radio. On this, the 17th [33:44.640 --> 33:52.640] day of January 2019, and we're talking to Ralph in Texas. Okay, go ahead, Ralph. [33:52.640 --> 33:59.280] Okay, what I'm wondering is how much detail should I put in the complaint? I know it doesn't [33:59.280 --> 34:04.240] have to be a perfect instrument, but like this is kind of confusing to me because I've [34:04.240 --> 34:10.800] had the mental impression that facts and law are always subject to interpretation. That's [34:10.800 --> 34:17.120] why we go to court to find out what's why. So if the judge is not applying the law to [34:17.120 --> 34:21.800] the facts, how do I explain that? Do I just put a synopsis of the fact and the law that [34:21.800 --> 34:27.440] he didn't apply? Send me a request for the law to the facts [34:27.440 --> 34:40.240] case law and look up 18 U.S. code 242 and read it so you have the elements. The elements [34:40.240 --> 34:46.800] of a crime, a public official, he must fail to perform a duty he's required to perform [34:46.800 --> 34:55.720] or exerts or purports to exert an authority he does not expressly have. In your case, [34:55.720 --> 35:03.960] the officer failed to perform a duty he was required to perform in that he failed to properly [35:03.960 --> 35:13.960] apply the law to the facts and in the process denied you in the full and free access to [35:13.960 --> 35:22.360] or enjoyment of a right that writes specifically being your right to petition the court for [35:22.360 --> 35:33.440] redress of grievance. Those are the elements you need to state in your complaint. You don't [35:33.440 --> 35:40.440] have to state them exactly that way, but you have to state facts that establish those elements. [35:40.440 --> 35:47.720] Okay. It's due process fit in there? Yes, due process is a statutory right. [35:47.720 --> 35:55.720] Okay. And your right to petition the court for redress of grievance is a due process [35:55.720 --> 36:10.320] right. Another due process right is a right to the proper adjudication of law. A failure [36:10.320 --> 36:17.120] to follow the rules is always a due process violation. Sorry, my tongue got tangled there [36:17.120 --> 36:24.600] a little bit. So I have to go back and I'm recording this. I have to go back and listen [36:24.600 --> 36:31.880] to some of what you said again. You said something about exerts or purports exerts authority [36:31.880 --> 36:39.680] he doesn't have. Now, where is it? Or fails to perform a duty he's required to perform [36:39.680 --> 36:46.320] and in this case, you're alleging that the magistrate failed to perform a duty he was [36:46.320 --> 36:54.480] required to perform specifically in that he failed to properly apply the law to the facts. [36:54.480 --> 37:03.040] Okay. And in the process denied you in the full of free access to or enjoyment of a right, [37:03.040 --> 37:08.520] that right specifically being the right to the due process of law. In the Fed is called [37:08.520 --> 37:18.800] due process in the state is called due course. Oh, okay. And due course is more descriptive [37:18.800 --> 37:25.680] for the way we're using it right now. We're saying that he didn't follow the procedure [37:25.680 --> 37:31.600] stipulated by law. So we didn't follow due course of the law due process is not quite [37:31.600 --> 37:38.800] as clear of what it means. But it means the same thing. I got myself off track this momentarily [37:38.800 --> 37:42.880] and I want to go ahead and say something about it and then maybe finish up what we're talking [37:42.880 --> 37:48.960] about. But if the officer exerts a proposed exerted right that he doesn't have, so that [37:48.960 --> 37:54.360] would be the police whenever they enforce the transportation code, correct? [37:54.360 --> 38:03.680] If they're in Texas, if they're not a highway patrol, and they're not a sheriff's deputy [38:03.680 --> 38:10.560] who has been appointed by the county commissioners court, then they have no authority to enforce. [38:10.560 --> 38:23.320] What? Okay. So is this case originate from a traffic citation? Yes, it does. Well, it's [38:23.320 --> 38:27.920] a little more complicated than that, but it's not difficult. I was, it's not for a seat [38:27.920 --> 38:37.520] belt. I think I was rushed for failure to identify. I wanted to, without getting into [38:37.520 --> 38:43.720] the merits of this case that I'm going through, maybe if you, if you're interested, I will [38:43.720 --> 38:48.640] read you one sentence. I'll just report recommendation. Yes. [38:48.640 --> 38:55.280] For entertainment. Read it. For entertainment purposes only. Yeah, yeah, read it. [38:55.280 --> 39:08.360] Well, I know what's in here, but okay, well, I'll just paraphrase it. The judge just said [39:08.360 --> 39:14.240] that the plaintiff did not show that what the officer didn't do was standard procedure [39:14.240 --> 39:22.920] for other officers. And the response I'm working on is that the magistrate is attempting to [39:22.920 --> 39:33.080] supersede statutory law with the lower denominator of what court, what officers are actually doing. [39:33.080 --> 39:39.040] He's trying to juxtapose policy with code. Ah, thank you. [39:39.040 --> 39:46.640] And we got, we got, we got to take a slow on that. I'm thinking it's Ohio v. State. [39:46.640 --> 39:53.000] I've got it. And I've lost my research repository. I've had a lot of problems with Dropbox. [39:53.000 --> 40:02.720] But it said that, oh, Mallory, Mallory v. State. Look up Mallory. This goes to that issue. [40:02.720 --> 40:10.080] That policy may have the appearance of law, but it never takes on the force of law. And [40:10.080 --> 40:18.440] the magistrate is saying that police officers, if they, each all police officers in a, in [40:18.440 --> 40:24.640] a jurisdiction have a policy of dragging people out of their cars and beating them into unconsciousness, [40:24.640 --> 40:29.960] then that is perfectly acceptable because it's what everybody else does. [40:29.960 --> 40:39.720] That's what he's saying, yeah. And call that official misconduct because he failed to apply [40:39.720 --> 40:49.000] the law to the facts. Okay. Yeah. This is, this is where the magistrate [40:49.000 --> 40:56.560] ordered the defendant to make a reply to my response to his motion. And when he did, he [40:56.560 --> 41:01.680] didn't come back with anything. So the magistrate had to figure it out on his own and he just [41:01.680 --> 41:05.440] ignored everything, applied case law that doesn't apply. [41:05.440 --> 41:14.720] Oh, hold on, hold on, hold on, hold on. You filed a motion. Opposing side did not respond? [41:14.720 --> 41:21.920] No, no. The opposing side made a motion for summary judgment and I responded. [41:21.920 --> 41:28.200] Oh, okay. Okay. Yeah. [41:28.200 --> 41:31.480] And you're saying he ignored your filing? [41:31.480 --> 41:36.760] No, well, he, he's ignoring my argument. He's ignoring my case law. [41:36.760 --> 41:44.640] Okay. Did you ask for, did he give you a judgment? Findings affecting conclusions of law. [41:44.640 --> 41:51.280] All he's doing is a report and recommendation. But don't care what he's doing. He has to [41:51.280 --> 41:58.880] support his conclusions. The court cannot accept his conclusions without findings affecting [41:58.880 --> 42:06.320] conclusions of law. In the federal, the court can't just render a ruling. They have to [42:06.320 --> 42:13.920] include a judgment and the judgment is a brief. The judgment is findings affecting conclusions [42:13.920 --> 42:17.000] of law to the support that present their opinion. [42:17.000 --> 42:19.520] Well, did you get that? [42:19.520 --> 42:24.600] Yeah, I would have to add that I believe he could have done a federal job. [42:24.600 --> 42:32.680] No, file for motion for reconsideration. Create your own findings of fact and conclusions [42:32.680 --> 42:38.720] of law, your own brief. Ask the court to accept your brief. And what your brief should be [42:38.720 --> 42:46.840] is these are the facts. This is the law that applies to those facts. And this is the conclusion [42:46.840 --> 42:54.560] the court should have came to when it properly, if it properly applied the law to the facts. [42:54.560 --> 43:02.880] Ask the court to accept your findings of fact or come up with its own that addresses all [43:02.880 --> 43:05.560] the issues before the court. [43:05.560 --> 43:12.400] File that. Everything about the trial court is setting the record for appeal. So at the [43:12.400 --> 43:19.240] end of the day, you don't care what this guy does. He's, by his failing to specifically [43:19.240 --> 43:26.920] address a particular issue. He brings that issue out into focus so that you can more [43:26.920 --> 43:31.000] completely address it and complete the record. [43:31.000 --> 43:35.400] Does that make sense? [43:35.400 --> 43:39.000] Yes, sir. I'm trying to do that. [43:39.000 --> 43:44.680] Yeah, in each step, each time they rule, you tell them how they should have ruled and ask [43:44.680 --> 43:49.560] them to rule that way. You ask them to file a motion for reconsideration. Hang on, about [43:49.560 --> 43:57.160] to go to break. Randy Kelton, Deborah Stevens, rule of law radio. I call in number 5126461984. [43:57.160 --> 43:58.960] We'll be right back. 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[44:50.400 --> 45:07.920] Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney with Jurisdictionary. [45:07.920 --> 45:14.160] The affordable, easy-to-understand four-CD course that will show you how in 24 hours, [45:14.160 --> 45:20.120] step by step. If you have a lawyer, know what your lawyer should be doing. If you don't [45:20.120 --> 45:25.040] have a lawyer, know what you should do for yourself. Thousands have won with our step [45:25.040 --> 45:32.160] by step course, and now you can too. Jurisdictionary was created by a licensed attorney with 22 [45:32.160 --> 45:37.960] years of case-winning experience. Even if you're not in a lawsuit, you can learn what everyone [45:37.960 --> 45:43.920] should understand about the principles and practices that control our American courts. [45:43.920 --> 45:50.280] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [45:50.280 --> 46:15.280] say tactics, and much more. Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-E-Z. [46:15.280 --> 46:38.520] Okay, we are back. Randy Helton, Deborah Stevens, or Ruleoflaw Radio, and we're talking to [46:38.520 --> 46:46.000] Ralph in Texas. Okay, Ralph, I was kind of busy on the break, so I lost before we were. [46:46.000 --> 46:53.080] Okay, well, I have two more questions. I don't want to hold up too much of your time. You [46:53.080 --> 46:57.680] said 28 USC. Did you tell me that? I missed it. [46:57.680 --> 47:04.160] No, I couldn't find it. I have to go look it up. I don't quote that one often, so I'm [47:04.160 --> 47:12.240] having trouble getting it to stick in my brain. I don't have my tools designed yet, but I [47:12.240 --> 47:18.240] am in the process of putting on a team, so I can start getting these in place so it'll [47:18.240 --> 47:24.560] be real easy to find these codes. Tell me what it's about again. [47:24.560 --> 47:37.240] Okay, this is a statute that's like a whistleblower statute for the feds. It says that if a federal [47:37.240 --> 47:45.240] official has knowledge that another federal official has violated a law, then he must [47:45.240 --> 47:54.920] report that violation to the Attorney General in Washington, D.C. So if I'm a federal official [47:54.920 --> 48:03.560] and the guy crossed from me, or my boss, or someone in my department is violating a law, [48:03.560 --> 48:11.720] I don't go to my boss who's going to have reason to hide that because it'll make him [48:11.720 --> 48:20.520] look bad. I report that directly to D.C. That's the way I see the statute. But the way I read [48:20.520 --> 48:30.080] it, when you give notice to a FBI agent that a public official has violated a law, there's [48:30.080 --> 48:38.720] nothing in that statute that excludes the FBI agent from the requirement to make that [48:38.720 --> 48:50.040] report. They don't, but I don't see anything that excludes them, so you file a complaint, [48:50.040 --> 48:55.280] you wait about three, four weeks, and then you file an information request with the Attorney [48:55.280 --> 49:03.320] General asking for that document. And what you'll get back is a letter saying there are [49:03.320 --> 49:12.160] investigating it, and then you'll never hear from them again. So I haven't read the federal [49:12.160 --> 49:16.960] FOIA, they've got a limited time to respond, and after that limited time is exhausted, [49:16.960 --> 49:23.640] then you file criminally against the Attorney General with the local grand jury for violating [49:23.640 --> 49:32.760] Freedom of Information Act. That is not going to make him a happy camper. Now there's no [49:32.760 --> 49:39.520] U.S. Attorney that'll give that to a grand jury. At least we hope he doesn't. But now [49:39.520 --> 49:47.120] we have jumped from the bottom of the rung to the top of the rung. Here's a ladder. [49:47.120 --> 49:52.280] We go from the local agent all the way up to the Attorney General, and we're trying [49:52.280 --> 50:02.240] to get him indicted. It's all politics. And then we get the U.S. Attorney for shielding [50:02.240 --> 50:12.520] the Attorney General from prosecution. How's that going to look in the news? Yeah. At the [50:12.520 --> 50:21.640] end of the day, it's all politics. Okay. About my complaint, I'm thinking I can make [50:21.640 --> 50:27.000] the same complaint and just give it to three different people. Give everybody copies or [50:27.000 --> 50:34.400] arrangements. That's what I do. When you file in the state of Texas, the state of Texas [50:34.400 --> 50:45.440] has its own heading style. A few of the states have some unusual heading styles. The federal [50:45.440 --> 50:54.520] heading style is consistent through most of the states. In Texas, the standard heading [50:54.520 --> 51:03.320] style used in the Fed is used in all of the courts, except a criminal complaint. The law [51:03.320 --> 51:08.400] says in Texas a complaint must run in the state under the authority of the state of [51:08.400 --> 51:21.000] Texas. If you'll look on jurismprudence.website and go to documents and research, you'll [51:21.000 --> 51:30.480] click the Cherokee County link at the top center of the page or up near the top. And [51:30.480 --> 51:36.560] that will take you to some documents I filed in Cherokee County. And one of them says complaints. [51:36.560 --> 51:45.320] You click on that and open one of those complaints. That's the standard form. It starts out in [51:45.320 --> 51:51.680] the name of and under the authority of the state of Texas. That's statutory. And the [51:51.680 --> 52:02.280] next paragraph says that I have reason to believe and do believe that statutory. That [52:02.280 --> 52:11.600] must be in there. And then that certain person that believe that and then you put in your [52:11.600 --> 52:19.880] statement. And then under that it has a paragraph. Therefore, I charge that this certain person [52:19.880 --> 52:24.200] committed this certain crime. That on or before this date, this certain person committed this [52:24.200 --> 52:31.200] crime. You look at that form. That's a standard form. You just open the form. Take the statement [52:31.200 --> 52:35.880] of fact section out of the middle. Put yours in there. Change the name at the top and the [52:35.880 --> 52:42.280] bottom. And the statutes, you'll have the right form for the state. Now for the Fed, [52:42.280 --> 52:49.160] you file it just like any other motion. You know, same kind of stuff. And for a criminal [52:49.160 --> 52:57.000] complaint, it will be the United States versus whoever the defendant is. And then whatever [52:57.000 --> 53:07.720] magistrate you file it with. But at the end of the day, doesn't make any difference. A [53:07.720 --> 53:18.280] complaint is not required to be in any specific form. If you file a complaint on a piece of [53:18.280 --> 53:32.320] tissue paper, the prosecuting attorney is required to generate an information from the complaint. [53:32.320 --> 53:39.240] And information is a complaint in proper form. You are a, all complaints are intended to [53:39.240 --> 53:47.040] be filed by private citizens. If a policeman files a complaint, he does not do so as a [53:47.040 --> 53:55.640] policeman. He does so as in his capacity as a private citizen. He is not expected to [53:55.640 --> 54:01.600] be an attorney. He's not expected to know all these rules. So it's not required that [54:01.600 --> 54:09.320] it be in any special form. The prosecutor will then take it and put it into proper form. [54:09.320 --> 54:15.720] And it doesn't need, even need to be first witness evidence. It can be all here to say. [54:15.720 --> 54:23.960] Okay. With that said, we want to give them as well structured a complaint as we have. [54:23.960 --> 54:32.320] It gets their attention a lot better. Okay. So just go to the federal court and take any [54:32.320 --> 54:43.480] criminal case in the federal court. Do you have PACER? Yes. Okay. Good. If you're in [54:43.480 --> 54:51.200] the federal court at all, you need PACER. So just go to PACER and take some criminal [54:51.200 --> 54:59.040] case in the news and look it up on PACER and look up the information or look up the complaint [54:59.040 --> 55:07.800] or information. And that will give you proper form. Right. Okay. Then that should be easy [55:07.800 --> 55:15.720] enough. You may just be able to do an internet search for federal criminal complaint form. [55:15.720 --> 55:24.680] And any circuit court, every circuit court has a section for forms. And if you just go [55:24.680 --> 55:29.920] to that section and put in criminal complaint, you'll probably get a fill-in-the-blinks criminal [55:29.920 --> 55:36.880] complaint from them. So the complaint needs to state all the elements of the charge. It [55:36.880 --> 55:45.680] needs to be clearly written. Yes. Take the statute and set it in front of you and read [55:45.680 --> 55:53.600] it and then write your complaint. The only facts that matter are those facts that go [55:53.600 --> 56:02.600] to the elements. These questionnaires we're building, you know, you think about any circumstance [56:02.600 --> 56:12.720] there is an absolute infinite number of possible facts sets that can lead to an allegation. [56:12.720 --> 56:17.360] And it seems like it would be almost impossible to do this, to create a questionnaire that [56:17.360 --> 56:25.240] would go to all facts sets. But it's not so hard after all. The only facts we care about [56:25.240 --> 56:34.040] in the questionnaire are those facts that go to legal elements. And we ask for facts [56:34.040 --> 56:41.320] that go to legal elements. Were you arrested? Yes. That's the primary element. Were you [56:41.320 --> 56:46.480] arrested on an on-site offense? Yes. Did the officer, the person here hear the offense [56:46.480 --> 56:52.160] being committed? Yes. They were walking down the elements. All of the other facts about [56:52.160 --> 57:01.080] how you got arrested, they may be interesting. They may go to other crimes. But here we're [57:01.080 --> 57:07.800] looking at due process and these are the elements of due process. So it's not so difficult [57:07.800 --> 57:13.360] because everything just goes to the elements. The court who looks at that, they don't need [57:13.360 --> 57:24.080] to see anything else. So we write your complaint. Try not to get too wordy. Only speak to what [57:24.080 --> 57:34.360] goes to an element. You filed an action in the court. A magistrate judge was appointed [57:34.360 --> 57:42.440] to hear your motions and pleadings. The magistrate judge failed to properly apply the law to [57:42.440 --> 57:55.840] the facts and in the process denied me in my right to the full and free access to or [57:55.840 --> 58:04.360] enjoyment of a right. That's kind of a standard statement from official misconduct. And that's [58:04.360 --> 58:14.320] how it'll be stated in the statute. It is a violation to do this. You look at the statutes. [58:14.320 --> 58:21.320] You would say this is a violation to do. And the statement of the violation will include [58:21.320 --> 58:28.200] all the elements. In order for your complaint to be sufficient, you have to state a fact [58:28.200 --> 58:34.040] that goes to each of the elements. You don't have to point the element out. You don't have [58:34.040 --> 58:37.520] to say this element, this fact goes to this element, this fact goes to this. You just [58:37.520 --> 58:44.200] have to state facts. Hang on. I'll go in the break. Randy Kelton with Law Radio. Okay. [58:44.200 --> 58:50.480] Adam, John, I see you there. We'll get to everybody. We'll be right back. [58:50.480 --> 58:55.920] The Bible remains the most popular book in the world. Yet countless readers are frustrated [58:55.920 --> 59:01.120] because they struggle to understand it. Some new translations try to help by simplifying [59:01.120 --> 59:07.640] the text, but in the process can compromise the profound meaning of the Scripture. Enter [59:07.640 --> 59:13.840] the recovery version. First, this new translation is extremely faithful and accurate, but the [59:13.840 --> 59:20.160] real story is the more than 9,000 explanatory footnotes. Difficult and profound passages [59:20.160 --> 59:25.600] are opened up in a marvelous way, providing an entrance into the riches of the Word beyond [59:25.600 --> 59:30.760] which you've ever experienced before. Bibles for America would like to give you a free [59:30.760 --> 59:36.800] recovery version simply for the asking. This comprehensive yet compact study Bible is yours [59:36.800 --> 59:47.960] just by calling us toll-free at 1-888-551-0102 or by ordering online at freestudybible.com. [59:47.960 --> 01:00:00.960] You're listening to the Logos Radio Network at LogosRadioNetwork.com. [01:00:00.960 --> 01:00:06.840] The following, these flashes are brought to you by the Lone Star Lowdowns. [01:00:06.840 --> 01:00:12.920] Markets for Wednesday, 16th of January, 2019, open with precious metals, gold at $1,294.63 [01:00:12.920 --> 01:00:19.920] an ounce, silver $15.60 an ounce, copper $2.66 an ounce, oil, Texas crude $52.11 a barrel, [01:00:19.920 --> 01:00:27.640] Brent crude $60.64 a barrel, and cryptos in order to market cap Bitcoin $3,649.76, Ripple [01:00:27.640 --> 01:00:36.160] XRP $0.32, Ethereum $122.95, and Bitcoin cash at $129.54 a crypto coin. [01:00:36.160 --> 01:00:44.240] Today in History, the year 1377, Pope Gregory XI moves the papacy back to Rome from Avignon, [01:00:44.240 --> 01:00:51.160] France where it had been since 1309, the relocation of the Pontifix Maximus back to Rome from Avignon. [01:00:51.160 --> 01:00:58.840] Today in History, in recent news, for the fiscal year of 2017 in Texas nearly 18,000 state [01:00:58.840 --> 01:01:04.240] employees working for cities, towns, and counties made at least $100,000 in their yearly salary [01:01:04.240 --> 01:01:09.880] costing taxpayers $2.1 billion, with almost 2,000 of them making more than $150,000 out [01:01:09.880 --> 01:01:12.200] earning even the governor's pay grade. [01:01:12.200 --> 01:01:16.840] In Denton County, in the city of Renauk, with a population of only 8,000, city manager Scott [01:01:16.840 --> 01:01:19.240] Campbell made over a quarter of a million dollars. [01:01:19.240 --> 01:01:24.880] In Dallas County, the city manager Opal Maldon Jones of Lancaster, a population of 39,000, [01:01:24.880 --> 01:01:29.480] made over half a million, coming in second place on the top 10 most compensated city managers [01:01:29.480 --> 01:01:30.480] in Texas. [01:01:30.480 --> 01:01:35.680] The number one spot went to Jesus Olivarez of Laredo, population 261,000. [01:01:35.680 --> 01:01:41.720] When he retired in 2017, he was paid out over $651,000 in cash when he originally started [01:01:41.720 --> 01:01:44.480] off at roughly only $160,000 in 2014. [01:01:44.480 --> 01:01:49.120] However, it wasn't only city managers ranking in the dough, assistant city managers, of [01:01:49.120 --> 01:01:53.280] which cities have more than one, have also been compensated quite well. [01:01:53.280 --> 01:01:57.840] All of Austin's five assistant city managers are raking in well over 200K each, as well [01:01:57.840 --> 01:02:00.400] as the four assistant city managers in San Antonio. [01:02:00.400 --> 01:02:04.640] And that wasn't enough where you even pool managers, zoo, public works, parks and recreation [01:02:04.640 --> 01:02:09.840] and library directors have all benefited quite lucratively from their public service as well, [01:02:09.840 --> 01:02:13.040] many of which are several degrees north of 150K. [01:02:13.040 --> 01:02:18.600] Add to this the 42 library and 95 park employees making at least six figures, and maybe it's [01:02:18.600 --> 01:02:22.960] time Texans quit worrying about cutting pork in Washington and start focusing on frying [01:02:22.960 --> 01:02:27.120] some local bacon instead. [01:02:27.120 --> 01:02:30.840] The oldest soft drink brand in the United States, the Dr. Pepper soft drink company, [01:02:30.840 --> 01:02:34.480] started a change.org petition to become the official soft drink of Texas. [01:02:34.480 --> 01:02:39.920] Dr. Pepper was created in Waco in 1885 by a pharmacist named Charles Alderton. [01:02:39.920 --> 01:02:45.320] The petition has well over 5,000 signatures. [01:02:45.320 --> 01:02:49.040] The state's 321,000 public school teachers could be getting raises pretty soon, with [01:02:49.040 --> 01:02:53.760] Senator Jane Nelson filing a bill to give teachers a $5,000 annual raise. [01:02:53.760 --> 01:03:00.760] This is Rick Brody, with your vote out for January 16, 2019. [01:03:23.760 --> 01:03:41.760] Okay we are back, Randy Kelton rules our radio and we still have our fundraiser going on, unfortunately [01:03:41.760 --> 01:03:47.800] we didn't get as much as we needed last year and we're struggling to keep this thing going. [01:03:47.800 --> 01:03:55.440] So if you find value in what we do, check out Logos Radio Network, we still have the [01:03:55.440 --> 01:04:10.080] gun giveaway and the Hitties traffic seminar, my ebook and Dr. Graves jurisdictionary, they're [01:04:10.080 --> 01:04:16.080] all very powerful tools and they will help you better understand your own rights and [01:04:16.080 --> 01:04:22.200] that's the cheapest legal education you can get and help support this station. [01:04:22.200 --> 01:04:29.080] So if you have a few extra bucks, help us out, any small amount will help, it adds up, [01:04:29.080 --> 01:04:33.680] we don't need that much to keep this station going but we do need a little bit. [01:04:33.680 --> 01:04:39.960] Okay back to Ralph in Texas and Ralph we do need to finish up, I spent a lot of time here [01:04:39.960 --> 01:04:46.400] but this is one of my favorite subjects. [01:04:46.400 --> 01:04:49.960] I am done but I didn't want to hang up without saying thank you. [01:04:49.960 --> 01:04:58.960] Okay thank you very much Ralph, now we're going to go to Adam in Texas, hello Adam. [01:04:58.960 --> 01:05:00.960] Hello Randy. [01:05:00.960 --> 01:05:03.400] How are you, what do you have for us today? [01:05:03.400 --> 01:05:10.840] Let me stop a second, I said how are you that come out, kind of automatic and it does for [01:05:10.840 --> 01:05:19.640] most everybody but on the radio it's never a good idea to ask somebody how they are because [01:05:19.640 --> 01:05:27.600] it always sends us off into a conversation that uses up radio time so I almost never [01:05:27.600 --> 01:05:36.600] do that, that one slipped, okay back to the show, what do you have for us today? [01:05:36.600 --> 01:05:45.280] Well I'm good, thanks for asking, I'm trying to create my own stick ball here and I don't [01:05:45.280 --> 01:05:47.080] know if you recall but. [01:05:47.080 --> 01:05:50.600] Wait you're creating your own what? [01:05:50.600 --> 01:05:51.600] Sticky ball. [01:05:51.600 --> 01:05:52.600] Oh okay okay. [01:05:52.600 --> 01:05:59.680] My own routine, I'm going to run the routine on all the way to the end. [01:05:59.680 --> 01:06:08.360] You will find, it's a little tedious sometimes but you will find it is very satisfying. [01:06:08.360 --> 01:06:18.320] I agree, I agree, what I started out with is I had a JP deny their own disqualification [01:06:18.320 --> 01:06:23.960] when I motioned for disqualification for various reasons all of the government code. [01:06:23.960 --> 01:06:31.680] So what I did was I took that, okay stop just a second, you're the one that sent me [01:06:31.680 --> 01:06:37.600] the audio from the Texas Ranger, what did you think about that? [01:06:37.600 --> 01:06:48.120] At one point there was a question I was saying, the rangers said something about what he [01:06:48.120 --> 01:06:53.800] couldn't do, couldn't do and I'm saying ask him who told him that, ask him who told him [01:06:53.800 --> 01:06:57.120] that and then you ask him who told you that. [01:06:57.120 --> 01:07:01.120] Wow it's been well and it's been well. [01:07:01.120 --> 01:07:10.400] Ralph, I'm sorry we're talking to Adam, Ralph's off, Adam handled the Ranger very well, he [01:07:10.400 --> 01:07:20.200] was very respectful, he asked very short and direct questions that the officer for the [01:07:20.200 --> 01:07:25.120] most part did not want to answer, he got the officer to admit he didn't know a darn thing [01:07:25.120 --> 01:07:32.080] about anything, that he just determined to do what he wanted to do with no grounds or [01:07:32.080 --> 01:07:38.480] understanding of the underlying law, so that was very well done, okay I can go ahead. [01:07:38.480 --> 01:07:46.760] Okay, so yeah I'm building my stickball now, so now I've got this Ranger and now I'm going [01:07:46.760 --> 01:07:55.080] to go on to criminal charges on him and his superior and the Scotty Shivers of the Public [01:07:55.080 --> 01:08:01.560] Interior Union and I'm going to do it on the director of the Department of Public Safety [01:08:01.560 --> 01:08:07.680] and I'm going to charge them with a peaceful question and an apprehension of prosecution. [01:08:07.680 --> 01:08:09.680] What county are you in? [01:08:09.680 --> 01:08:13.680] I read in Altea, South Texas. [01:08:13.680 --> 01:08:14.680] Oh okay. [01:08:14.680 --> 01:08:17.680] I'm in South Texas. [01:08:17.680 --> 01:08:24.680] Oh okay, okay it wasn't, it's not Travis County, I was 361, I didn't know where heck that was. [01:08:24.680 --> 01:08:27.680] No, no I'm very close to Victoria. [01:08:27.680 --> 01:08:28.680] Oh okay. [01:08:28.680 --> 01:08:37.680] And I guess the reason I'm calling is I'm just trying to sharpen my sword. [01:08:37.680 --> 01:08:49.680] Now he told me that very competent and you know very, very good, all of them, that Ranger, [01:08:49.680 --> 01:08:54.680] you know talking to that guy kind of made me scared for the future of our children but [01:08:54.680 --> 01:08:59.680] people like that are in charge of this and you know, I mean he couldn't even, oh yeah [01:08:59.680 --> 01:09:05.680] my question was he kept going on about this, you know, this scope and the function of the [01:09:05.680 --> 01:09:10.680] Public Interior Union now, frankly if I'm wrong but the whole reason the Public Interior [01:09:10.680 --> 01:09:18.680] Union was formed was to investigate criminal accusations and allegations against public [01:09:18.680 --> 01:09:19.680] officials. [01:09:19.680 --> 01:09:24.680] Now is it justice of the peace, a state official? [01:09:24.680 --> 01:09:25.680] Absolutely. [01:09:25.680 --> 01:09:31.680] Absolutely this thing, yeah I knew he was wrong on that one, yeah okay. [01:09:31.680 --> 01:09:36.680] Yeah, the Ranger had no idea what he was talking about. [01:09:36.680 --> 01:09:40.680] I know, I think I caught him off guard, didn't know if you listened to it at the beginning, [01:09:40.680 --> 01:09:46.680] I think I caught him when he was trying to train his dog in his back yard on duty collecting [01:09:46.680 --> 01:09:52.680] taxpayers but I caught him off guard, that was great, he didn't know what to say and [01:09:52.680 --> 01:09:55.680] I handed him pretty good, that's okay. [01:09:55.680 --> 01:10:05.680] You got him to admit that he acted with absolutely no knowledge of the underlying law, he just [01:10:05.680 --> 01:10:07.680] did what he wanted to. [01:10:07.680 --> 01:10:12.680] Right, that was my goal, that was my goal and that was through my training for you and [01:10:12.680 --> 01:10:22.680] Eddie and listening to y'all's program that developed that ability for me to do that. [01:10:22.680 --> 01:10:30.680] For everybody else, Adam was cool, he was calm, he was direct, he was never rude, never [01:10:30.680 --> 01:10:38.680] even actually demanding, he just asked clear and concise questions. [01:10:38.680 --> 01:10:46.680] The Ranger clearly did not like it and you can tell in his voice he wished he was somewhere [01:10:46.680 --> 01:10:57.680] else but Adam kept after him and got him to admit everything Adam needed him to admit [01:10:57.680 --> 01:10:59.680] so he could file against him. [01:10:59.680 --> 01:11:02.680] This is how we beat these guys. [01:11:02.680 --> 01:11:12.680] There's no way this Ranger can accuse Adam of being agitated because the Ranger was [01:11:12.680 --> 01:11:19.680] expertly handled so when you talk to these guys they're going to try to get you upset [01:11:19.680 --> 01:11:28.680] if what they do then they can discredit you by accusing you of being agitated. [01:11:28.680 --> 01:11:35.680] So if you're running the routine and you're trying to get them to touch your car baby, [01:11:35.680 --> 01:11:39.680] it makes it a lot easier for you not to get agitated. [01:11:39.680 --> 01:11:41.680] It's a lot more fun. [01:11:41.680 --> 01:11:44.680] Okay, go ahead, Adam. [01:11:44.680 --> 01:11:51.680] Well, what I'm getting at is, you know, he kind of spurred me to take my criminal complaint [01:11:51.680 --> 01:11:58.680] and found the judge. [01:11:58.680 --> 01:12:01.680] I mean, I'll do that, that'd be fine. [01:12:01.680 --> 01:12:07.680] But I'm sure if I go to the county judge who's, you know, now January 2019, [01:12:07.680 --> 01:12:09.680] we have a brand new county judge. [01:12:09.680 --> 01:12:12.680] I'm sure he's not going to have any idea what I'm talking about. [01:12:12.680 --> 01:12:14.680] I'm just going to run me out of there. [01:12:14.680 --> 01:12:22.680] All I can and the congregation stuff is he's not going to touch the sticky ball. [01:12:22.680 --> 01:12:23.680] I'll be out. [01:12:23.680 --> 01:12:29.680] But what I'm doing now is I'm going to file a criminal complaint on the Ranger and his [01:12:29.680 --> 01:12:32.680] superior, which is the Ranger in pain. [01:12:32.680 --> 01:12:39.680] And the head of the public intelligence and the director, I'm going to accuse them all [01:12:39.680 --> 01:12:48.680] of these things. [01:12:48.680 --> 01:12:50.680] Let's see. [01:12:50.680 --> 01:12:53.680] Healing from prosecution 30-05. [01:12:53.680 --> 01:12:57.680] Conspiracy to commit. [01:12:57.680 --> 01:13:02.680] And official question. [01:13:02.680 --> 01:13:03.680] Okay. [01:13:03.680 --> 01:13:07.680] The producer just told me to ask you if you're on a speaker phone. [01:13:07.680 --> 01:13:08.680] No, sir. [01:13:08.680 --> 01:13:09.680] I'm not. [01:13:09.680 --> 01:13:10.680] Okay. [01:13:10.680 --> 01:13:12.680] You sounded okay to me. [01:13:12.680 --> 01:13:17.680] You're not sounding okay to her for some reason, but go ahead. [01:13:17.680 --> 01:13:23.680] Anyway, I want to go the whole nine yards on this one. [01:13:23.680 --> 01:13:29.680] I feel that, you know, I don't just have an accusation against the directional judge. [01:13:29.680 --> 01:13:32.680] I have that judge's signature on a piece of paper. [01:13:32.680 --> 01:13:34.680] And I don't really care what the Ranger says. [01:13:34.680 --> 01:13:40.680] I mean, he already admitted that he has no idea what I'm talking about and no idea what [01:13:40.680 --> 01:13:41.680] the law says. [01:13:41.680 --> 01:13:43.680] But he's going to go ahead and make that decision anyway. [01:13:43.680 --> 01:13:44.680] So I've got a signature. [01:13:44.680 --> 01:13:46.680] I'm going to take his signature. [01:13:46.680 --> 01:13:52.680] And what I want to do is I want to make sure that everybody, by the time I'm done with [01:13:52.680 --> 01:13:58.680] this, that everybody in Texas understand that a judge cannot deny their own disqualification. [01:13:58.680 --> 01:14:00.680] That is my goal. [01:14:00.680 --> 01:14:08.680] So I guess I'm just calling in to, I don't know, kind of bounce the ball around a little [01:14:08.680 --> 01:14:10.680] bit with you and see what you've got to say. [01:14:10.680 --> 01:14:20.680] I mean, I'm pretty familiar with the routine and sticky ball and the way to go about this. [01:14:20.680 --> 01:14:28.680] But there's anything I'm missing or any other points you could help me out with. [01:14:28.680 --> 01:14:30.680] I should appreciate it. [01:14:30.680 --> 01:14:37.680] There's none I can think of you seem to understand the procedure. [01:14:37.680 --> 01:14:40.680] It doesn't matter what they do. [01:14:40.680 --> 01:14:44.680] If they act the way they're supposed to, wonderful. [01:14:44.680 --> 01:14:46.680] Then the judge gets clobbered. [01:14:46.680 --> 01:14:49.680] If they don't, then you have remedy. [01:14:49.680 --> 01:14:53.680] And the best thing we can do is introduce them to remedy. [01:14:53.680 --> 01:15:02.680] Make sure you don't miss the T-Cole complaint, professional conduct complaint, Texas [01:15:02.680 --> 01:15:04.680] Commission on Law Enforcement. [01:15:04.680 --> 01:15:10.680] Multiple T-Coles can sign on them to publish this whole thing. [01:15:10.680 --> 01:15:14.680] That will sting him good. [01:15:14.680 --> 01:15:22.680] Okay, so my question is, when I filed the criminal complaint from the director of DPS and this [01:15:22.680 --> 01:15:31.680] range from his superior and all that, the filing authority would be the attorney general [01:15:31.680 --> 01:15:34.680] or the district judge? [01:15:34.680 --> 01:15:42.680] I would do, I would start if this is a magistrate, oh wait a minute, ruin the Fed. [01:15:42.680 --> 01:15:44.680] No, that was Adams in the Fed. [01:15:44.680 --> 01:15:46.680] Okay. [01:15:46.680 --> 01:15:49.680] What is the original case? [01:15:49.680 --> 01:15:54.680] Is it county court or justice or municipal? [01:15:54.680 --> 01:15:58.680] It was a justice of the peace that did nothing. [01:15:58.680 --> 01:16:00.680] Okay, quick. [01:16:00.680 --> 01:16:08.680] The hierarchy is J.P. County district, I would stick them all. [01:16:08.680 --> 01:16:12.680] From the district, you jump to the attorney general. [01:16:12.680 --> 01:16:20.680] From the attorney general, you can go to the court of criminal appeals. [01:16:20.680 --> 01:16:25.680] There are nine judges, you can send each one of them one. [01:16:25.680 --> 01:16:31.680] And when they fail to act on it, then you can send complaints against all nine of them [01:16:31.680 --> 01:16:37.680] to the Chief Justice of the Supreme. [01:16:37.680 --> 01:16:39.680] Okay, okay. [01:16:39.680 --> 01:16:41.680] As that will walk you right up to the top of the state. [01:16:41.680 --> 01:16:44.680] You've got all these officials engaged. [01:16:44.680 --> 01:16:51.680] And you can show a consistent set of illegal behaviors. [01:16:51.680 --> 01:16:52.680] All right. [01:16:52.680 --> 01:16:55.680] That goes to Rico. [01:16:55.680 --> 01:16:57.680] Okay. [01:16:57.680 --> 01:17:03.680] And from there you go to the... [01:17:03.680 --> 01:17:08.680] It's the 2018 Logos Radio Network Annual Fundraiser and Gun Giveaway, [01:17:08.680 --> 01:17:11.680] sponsored by Central Texas Gun Works. [01:17:11.680 --> 01:17:15.680] Go to logosradionetwork.com and enter to win. [01:17:15.680 --> 01:17:18.680] Every $25 donation is a chance to win. [01:17:18.680 --> 01:17:25.680] From Central Texas Gun Works, the grand prize up for grabs is a Spikes Tactical AR-15. [01:17:25.680 --> 01:17:28.680] More prizes and sponsors to be announced. [01:17:28.680 --> 01:17:34.680] If you purchase Randy Kelton's e-book, Legal 101, you get four chances to win. [01:17:34.680 --> 01:17:38.680] Purchase Eddie Craig's Traffic Seminar and get 10 chances to win. [01:17:38.680 --> 01:17:42.680] And remember, every $25 donation is a chance to win. 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[01:18:13.680 --> 01:18:16.680] I'd love to volunteer as a show producer, but I'm a bit of a Luddite, [01:18:16.680 --> 01:18:20.680] and I really don't have any money to give because I spent it all on supplements. [01:18:20.680 --> 01:18:22.680] How can I help Logos? [01:18:22.680 --> 01:18:24.680] Well, I'm glad you asked. [01:18:24.680 --> 01:18:28.680] If you order anything from Amazon, you can help Logos with ordering your supplies [01:18:28.680 --> 01:18:29.680] or holiday gifts. [01:18:29.680 --> 01:18:31.680] First thing you do is clear your cookies. [01:18:31.680 --> 01:18:34.680] Now, go to LogosRadionetwork.com. [01:18:34.680 --> 01:18:37.680] Check on the Amazon logo and book market. [01:18:37.680 --> 01:18:43.680] Now, when you order anything from Amazon, you use that link and Logos gets a few pesos. [01:18:43.680 --> 01:18:44.680] Do I pay extra? [01:18:44.680 --> 01:18:45.680] No. [01:18:45.680 --> 01:18:47.680] Do I have to do anything different when I order? [01:18:47.680 --> 01:18:48.680] No. [01:18:48.680 --> 01:18:49.680] Can I use my Amazon Prime? [01:18:49.680 --> 01:18:50.680] No. [01:18:50.680 --> 01:18:51.680] I mean, yes. [01:18:51.680 --> 01:18:55.680] Now, giving without doing anything or spending any money, this is perfect. [01:18:55.680 --> 01:18:57.680] Thank you so much. [01:18:57.680 --> 01:18:58.680] We are Logos. [01:18:58.680 --> 01:19:00.680] Happy holidays, Logos. [01:19:00.680 --> 01:19:01.680] Logos. [01:19:01.680 --> 01:19:02.680] Logos. [01:19:02.680 --> 01:19:03.680] Logos. [01:19:03.680 --> 01:19:04.680] Logos. [01:19:04.680 --> 01:19:05.680] Logos. [01:19:05.680 --> 01:19:06.680] Radio. [01:19:06.680 --> 01:19:07.680] Network. [01:19:07.680 --> 01:19:08.680] Radio. [01:19:08.680 --> 01:19:09.680] Network. [01:19:09.680 --> 01:19:10.680] Radio. [01:19:10.680 --> 01:19:11.680] Radio. [01:19:11.680 --> 01:19:12.680] Network. [01:19:12.680 --> 01:19:13.680] Radio. [01:19:13.680 --> 01:19:14.680] Radio. [01:19:14.680 --> 01:19:15.680] Radio. [01:19:15.680 --> 01:19:16.680] Radio. [01:19:16.680 --> 01:19:17.680] Radio. [01:19:17.680 --> 01:19:18.680] Radio. [01:19:18.680 --> 01:19:19.680] Radio. [01:19:19.680 --> 01:19:20.680] Radio. [01:19:20.680 --> 01:19:21.680] Don't fool me. [01:19:21.680 --> 01:19:22.680] Well. [01:19:22.680 --> 01:19:41.680] You ain't going to fool me with that same whole trick again. [01:19:41.680 --> 01:19:49.680] I was blindsided, but now I can see your glass. [01:19:49.680 --> 01:20:11.680] I ain't gonna hold me [01:20:11.680 --> 01:20:16.680] Ain't gonna drive me with that same old suck much [01:20:16.680 --> 01:20:21.680] I get it now, but then I must have been not realized [01:20:21.680 --> 01:20:26.680] Back then you had room to move, but now you're feeling the drive [01:20:26.680 --> 01:20:51.680] Ain't gonna get me with that same old suck much [01:20:51.680 --> 01:21:01.680] Back then you had room to move, but now you got room to move [01:21:01.680 --> 01:21:27.680] Back then you had room to move, but now you got room to move [01:21:27.680 --> 01:21:37.680] Back then you had room to move, but now you got room to move [01:21:37.680 --> 01:21:47.680] Back then you had room to move, but now you got room to move [01:21:47.680 --> 01:22:07.680] Back then you had room to move, but now you got room to move [01:22:07.680 --> 01:22:27.680] Back then you had room to move, but now you got room to move [01:22:27.680 --> 01:22:47.680] Back then you had room to move, but now you got room to move [01:22:47.680 --> 01:23:07.680] Back then you had room to move, but now you got room to move [01:23:07.680 --> 01:23:27.680] Back then you had room to move, but now you got room to move [01:23:27.680 --> 01:23:47.680] Back then you had room to move, but now you got room to move [01:23:47.680 --> 01:24:07.680] Back then you had room to move, but now you got room to move [01:24:07.680 --> 01:24:27.680] Back then you had room to move, but now you got room to move [01:24:27.680 --> 01:24:47.680] Back then you had room to move [01:24:47.680 --> 01:25:07.680] Back then you had room to move [01:25:07.680 --> 01:25:27.680] Back then you had room to move [01:25:27.680 --> 01:25:47.680] Back then you had room to move [01:25:47.680 --> 01:26:07.680] Back then you had room to move [01:26:07.680 --> 01:26:27.680] Back then you had room to move [01:26:27.680 --> 01:26:47.680] Back then you had room to move [01:26:47.680 --> 01:27:13.680] Back then you had room to move [01:27:13.680 --> 01:27:39.680] Back then you had room to move [01:27:39.680 --> 01:28:07.680] Back then you had room to move [01:28:07.680 --> 01:28:13.680] He's prosecuting and he wants to withdraw and knock yourself out. [01:28:13.680 --> 01:28:23.680] And why is he asking you? [01:28:23.680 --> 01:28:39.680] Did he ask you for any concession? [01:28:39.680 --> 01:28:51.680] He's just notifying you that he's going to dismiss the case. [01:28:51.680 --> 01:28:55.680] Oh, is he going to dismiss it with prejudice or without? [01:28:55.680 --> 01:29:01.680] No, no, don't start adding words to it. He's going to dismiss the case. [01:29:01.680 --> 01:29:05.680] Did the letter say he was going to withdraw with prejudice? [01:29:05.680 --> 01:29:07.680] No. [01:29:07.680 --> 01:29:11.680] Then he's not going to withdraw with prejudice, but doesn't make any difference. [01:29:11.680 --> 01:29:17.680] He can't refile unless there's some special circumstances. [01:29:17.680 --> 01:29:19.680] So he's dismissing the case. [01:29:19.680 --> 01:29:21.680] You won. [01:29:21.680 --> 01:29:23.680] So then the whole case is dismissed? [01:29:23.680 --> 01:29:25.680] Yes. [01:29:25.680 --> 01:29:31.680] Well, what about if it's not filed up in Harrisburg at the State Court level? [01:29:31.680 --> 01:29:35.680] Moot. The term is moot. [01:29:35.680 --> 01:29:39.680] They cried, Uncle. It's over. [01:29:39.680 --> 01:29:43.680] I understand that term. [01:29:43.680 --> 01:29:47.680] Kind of like in the Newark case. You won the whole angelada. [01:29:47.680 --> 01:29:51.680] Oh, yeah, I understand that too. [01:29:51.680 --> 01:29:57.680] Okay, I'm getting your demeanor down. I've been looking through your house. [01:29:57.680 --> 01:30:03.680] You're getting pretty good. [01:30:03.680 --> 01:30:11.680] A judge has imposed a lifetime driving ban on a 17-year-old boy after a serious accident to send a message about reckless driving. [01:30:11.680 --> 01:30:17.680] I'm Dr. Catherine Albrecht and I'll be back with more on this unusually harsh punishment in a moment. [01:30:17.680 --> 01:30:19.680] Privacy is under attack. [01:30:19.680 --> 01:30:23.680] When you give up data about yourself, you'll never get it back again. [01:30:23.680 --> 01:30:27.680] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:30:27.680 --> 01:30:29.680] So protect your rights. [01:30:29.680 --> 01:30:33.680] Say no to surveillance and keep your information to yourself. [01:30:33.680 --> 01:30:35.680] Privacy. It's worth hanging on to. [01:30:35.680 --> 01:30:42.680] This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing. [01:30:42.680 --> 01:30:46.680] Start over with StartPage. [01:30:46.680 --> 01:30:52.680] 17-year-old Lyle Topo was cruising with three buddies and texting while driving. [01:30:52.680 --> 01:30:57.680] He crashed into a tree, badly injuring all four boys. One was in a coma for weeks. [01:30:57.680 --> 01:31:02.680] The judge gave him a lecture about how the roads are littered with broken futures. [01:31:02.680 --> 01:31:06.680] Then he revoked the boy's driver's license for life. [01:31:06.680 --> 01:31:10.680] What Lyle did was wrong, but at age 17, we all make mistakes. [01:31:10.680 --> 01:31:16.680] By revoking his license for life, the judge issued a virtual death sentence to his career and future. [01:31:16.680 --> 01:31:22.680] In 20 years, he'll be a husband and a dad, unable to even drive his son to a soccer game. [01:31:22.680 --> 01:31:24.680] Now that's cruel and unusual. [01:31:24.680 --> 01:31:31.680] I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine. [01:31:31.680 --> 01:31:36.680] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11. [01:31:36.680 --> 01:31:38.680] The government says that fire brought it down. [01:31:38.680 --> 01:31:43.680] However, 1,500 architects and engineers have concluded it was a controlled demolition. [01:31:43.680 --> 01:31:46.680] Over 6,000 of my fellow service members have given their lives. [01:31:46.680 --> 01:31:49.680] And thousands of my fellow force respondents have died. [01:31:49.680 --> 01:31:50.680] I'm not a conspiracy theorist. [01:31:50.680 --> 01:31:51.680] I'm a structural engineer. [01:31:51.680 --> 01:31:53.680] I'm a New York City correction officer. [01:31:53.680 --> 01:31:54.680] I'm an Air Force pilot. [01:31:54.680 --> 01:31:55.680] I'm a father who lost his son. [01:31:55.680 --> 01:31:58.680] We're Americans, and we deserve the truth. [01:31:58.680 --> 01:32:01.680] RememberBuilding7.org today. [01:32:59.680 --> 01:33:05.680] You are listening to the Logos Radio Network. [01:33:05.680 --> 01:33:34.680] LogosRadioNetwork.com [01:33:35.680 --> 01:34:01.680] LogosRadioNetwork.com [01:34:01.680 --> 01:34:05.680] Okay, we are back. [01:34:05.680 --> 01:34:06.680] Randy Kelton, Deborah Stevens, Rural Law Radio. [01:34:06.680 --> 01:34:11.680] And we're talking to Jerry in Pennsylvania. [01:34:11.680 --> 01:34:13.680] Okay. [01:34:13.680 --> 01:34:15.680] Hello, Jerry. [01:34:15.680 --> 01:34:16.680] Okay. [01:34:16.680 --> 01:34:19.680] Yeah, when do I file the lawsuit? [01:34:19.680 --> 01:34:21.680] Whenever you're ready. [01:34:21.680 --> 01:34:23.680] Well, I've been working on it. [01:34:23.680 --> 01:34:24.680] I got most of it written up. [01:34:24.680 --> 01:34:28.680] I caught a file at once before, but they didn't like the way I wrote it up. [01:34:28.680 --> 01:34:31.680] So I said here, I re-vote it. [01:34:31.680 --> 01:34:34.680] I was getting ready to finish it up like that. [01:34:34.680 --> 01:34:41.680] Before you write a lawsuit, see if you can go on to the court website [01:34:41.680 --> 01:34:45.680] and find a lawsuit similar to the one you're writing. [01:34:45.680 --> 01:34:48.680] Look at what your key issues are. [01:34:48.680 --> 01:34:52.680] And put those key issues in and see if you can find a lawsuit. [01:34:52.680 --> 01:34:56.680] Are you filing in the state or fed? [01:34:56.680 --> 01:35:00.680] Oh, I filed something with the fed, the case in the fact that... [01:35:00.680 --> 01:35:05.680] Okay, if you're filing in the fed, get a PACER account. [01:35:05.680 --> 01:35:07.680] Yeah. [01:35:07.680 --> 01:35:14.680] And then search for a case that's, say, municipal ordinance. [01:35:14.680 --> 01:35:15.680] Right. [01:35:15.680 --> 01:35:21.680] And then look for a suit by citizen against a municipality. [01:35:21.680 --> 01:35:22.680] Right. [01:35:22.680 --> 01:35:27.680] See if you can find a...search the name of the municipality that you're in. [01:35:27.680 --> 01:35:30.680] See if you can find suits against them. [01:35:30.680 --> 01:35:31.680] Oh, yeah. [01:35:31.680 --> 01:35:37.680] And pull two or three of those suits down and look at how they're structured. [01:35:37.680 --> 01:35:39.680] Yeah, that's what I mean, structured. [01:35:39.680 --> 01:35:43.680] The one I wrote that you look good with, but I wrote it for a good time. [01:35:43.680 --> 01:35:46.680] You want to write something better, I said that. [01:35:46.680 --> 01:35:53.680] Yeah, because it's a good idea to file in the fed, not file with the state. [01:35:53.680 --> 01:35:56.680] It depends on what your claims are. [01:35:56.680 --> 01:35:59.680] So what do you think my claims would be in your opinion? [01:35:59.680 --> 01:36:03.680] Well, you've got to have...if you're going to go to the fed, you've got to have federal claims, [01:36:03.680 --> 01:36:08.680] and that would most likely be a federal due process. [01:36:08.680 --> 01:36:09.680] Okay. [01:36:09.680 --> 01:36:17.680] I was looking through the civil rights and I've read most of it. I'm hoping to find something in civil rights. [01:36:17.680 --> 01:36:25.680] I don't think...this doesn't sound like something that would go to civil rights so much as official oppression. [01:36:25.680 --> 01:36:38.680] This is a bunch of public officials exerting or purporting to exert rights they may or may not have. [01:36:38.680 --> 01:36:40.680] That's the file. [01:36:40.680 --> 01:36:45.680] Yeah, that would get you to due process. That would get you right in the federal courts. [01:36:45.680 --> 01:36:49.680] Oh, okay, great. [01:36:49.680 --> 01:36:53.680] In your opinion, how much do you think I could ask for? [01:36:53.680 --> 01:36:56.680] I have no idea. I don't know what the details of the case are. [01:36:56.680 --> 01:37:04.680] Go to Pace or pull down some suits against the municipality and see what lawyers are asking for. [01:37:04.680 --> 01:37:12.680] Oh, yeah. I was just familiar with the two cases with Olivier and Tim. [01:37:12.680 --> 01:37:19.680] Wait, I missed the first part of that. I got Olivier, but what was the first part? [01:37:19.680 --> 01:37:27.680] I seen what Olivier got for money and then when he sent me Tim shots and then I seen what was on Tim shots. [01:37:27.680 --> 01:37:31.680] Okay, okay. Olivier never got any money. [01:37:31.680 --> 01:37:36.680] He just missed all his suits and he didn't pursue them. [01:37:36.680 --> 01:37:47.680] Tim's case is still in process. The city is in the process of dropping everything against him the way yours did against you. [01:37:47.680 --> 01:37:53.680] Now, Tim is going to go back after the lawyers, not the city. [01:37:53.680 --> 01:37:57.680] Oh, yeah. I heard the last one, Josh. [01:37:57.680 --> 01:38:15.680] Yeah, but then Tim requested the case so that we could go after the lawyers and get the city to come in and potentially testify in Tim's favor. [01:38:15.680 --> 01:38:27.680] Oh, yeah. The city effectively threw the lawyers under the bus. [01:38:27.680 --> 01:38:30.680] Yeah, that's what I got out of it. [01:38:30.680 --> 01:38:34.680] That's essential. That's why we say everything's political. [01:38:34.680 --> 01:38:36.680] Oh, yeah. [01:38:36.680 --> 01:38:51.680] We dealt with Tim and we kept asking him to hold off until we got out of the trial court because we're in the process of getting them to do all the stupid stuff they can do and setting the record. [01:38:51.680 --> 01:38:56.680] And when he got out into the appeals court, then he went after them. [01:38:56.680 --> 01:39:04.680] Then he went to the city and the citizens of the city explaining his position. [01:39:04.680 --> 01:39:17.680] And it came back on those lawyers big time and it appears as though when the city figured out that they really were being used by the lawyers improperly. [01:39:17.680 --> 01:39:32.680] What I think happened is the city followed Tim's suggestion that they talked to a separate lawyer who did not have a dog in this hunt because first crack out of the hat we accused the lawyers of baritry. [01:39:32.680 --> 01:39:35.680] And that told them we were coming after them. [01:39:35.680 --> 01:39:48.680] They went to another lawyer and I think that other lawyer told them, these guys are going to take you to the feds and they're going to clean your clock. [01:39:48.680 --> 01:39:54.680] And that's when the city realized that their lawyers had been misleading them the whole time. [01:39:54.680 --> 01:39:57.680] They just dismissed everything. [01:39:57.680 --> 01:40:02.680] They didn't protect themselves at all, they just dismissed everything. [01:40:02.680 --> 01:40:07.680] And Tim, in good faith, is going to do the same. [01:40:07.680 --> 01:40:14.680] They gave him the option of not dismissing his claims against them. [01:40:14.680 --> 01:40:18.680] But he said he would, so he's going to. [01:40:18.680 --> 01:40:33.680] And what that will do is that will essentially show good faith to the city the way the city showed good faith to him and throw the lawyers under the bus. [01:40:33.680 --> 01:40:37.680] From my perspective, best possible outcome. [01:40:37.680 --> 01:40:39.680] Oh yeah, I agree. [01:40:39.680 --> 01:40:48.680] And here, prosecutor, when you challenge them, dismiss the case. [01:40:48.680 --> 01:40:52.680] They do all their dirty rotten stuff in the trial. [01:40:52.680 --> 01:41:04.680] But when they get to the court of appeals, then they look at somebody else looking over their shoulder and they don't want to have to go to the court of appeals and explain their behavior. [01:41:04.680 --> 01:41:15.680] They don't want you asking questions about their procedures that could get a court to rule that their procedures are improper. [01:41:15.680 --> 01:41:20.680] Because that would mean they could never use those procedures again. [01:41:20.680 --> 01:41:28.680] Easier to dismiss your case and then they can still use their improper procedures. [01:41:28.680 --> 01:41:38.680] Well, when I saw a lawyer in the federal court, do you think that the federal court sent them something or they were called to? [01:41:38.680 --> 01:41:45.680] Well, now you can show the city by dismissing essentially admitted your claims. [01:41:45.680 --> 01:41:54.680] If you claim the city acted improper, denied you in due process, by dismissing the case, that's tested admission. [01:41:54.680 --> 01:41:58.680] Oh, okay. [01:41:58.680 --> 01:42:05.680] And did you have a motion to dismiss or did they do this on their own? [01:42:05.680 --> 01:42:14.680] No, I just took file on, like you said, the bar status, the dismissment conduct, stuff like that. [01:42:14.680 --> 01:42:17.680] You beat them into submission. [01:42:17.680 --> 01:42:27.680] Okay, so they opened the door for you to sue them because they dismissed Sui Sponte, they dismissed on their own. [01:42:27.680 --> 01:42:34.680] So they've opened that door for you, so you've got to shut out of them. [01:42:34.680 --> 01:42:35.680] Okay. [01:42:35.680 --> 01:42:42.680] So you got a, generally it's a year to sue a municipality. [01:42:42.680 --> 01:42:53.680] You need to send them a tort letter telling them that I have been harmed to make me whole or be sued. [01:42:53.680 --> 01:42:55.680] And they get 60 days. [01:42:55.680 --> 01:43:07.680] So you need to get the tort letter in, in enough time to get them 60 days to respond or not respond before you can sue. [01:43:07.680 --> 01:43:11.680] So you effectively got 10 months. [01:43:11.680 --> 01:43:13.680] Yeah, I read that 60 days. [01:43:13.680 --> 01:43:15.680] You have to notify them for 60 days. [01:43:15.680 --> 01:43:17.680] Then you have to file a lawsuit. [01:43:17.680 --> 01:43:22.680] Yeah, so, you know, send them a notice and opportunity. [01:43:22.680 --> 01:43:24.680] Right. [01:43:24.680 --> 01:43:27.680] And that way you're pretty well covered. [01:43:27.680 --> 01:43:46.680] If you charge them with official oppression and denying you a right, criminal acts are not within the scope of the municipal authority and therefore not within the scope of Indian immunity. [01:43:46.680 --> 01:43:48.680] Hang on, let's talk about that a little bit. [01:43:48.680 --> 01:43:52.680] When we come back and we got two more calls, so we'll remove as quickly as we can. [01:43:52.680 --> 01:43:56.680] We'll be right back. [01:43:56.680 --> 01:43:58.680] Thank you. [01:44:27.680 --> 01:44:29.680] They are different varieties of the same species. [01:44:29.680 --> 01:44:38.680] HempUSA.org wants the world to know these basic facts and to help people understand that hemp protein powder is the best kept health secret you need to know about. [01:44:38.680 --> 01:44:42.680] Remember, hemp protein powder contains 53% protein. [01:44:42.680 --> 01:45:00.680] It's gluten-free, anti-inflammatory, non-GMO, and is loaded with nutrients called 888-910-4367. [01:45:00.680 --> 01:45:04.680] Are you the plaintiff or defendant in a lawsuit? [01:45:04.680 --> 01:45:15.680] Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course that will show you how in 24 hours, step-by-step. [01:45:15.680 --> 01:45:19.680] If you have a lawyer, know what your lawyer should be doing. [01:45:19.680 --> 01:45:23.680] If you don't have a lawyer, know what you should do for yourself. [01:45:23.680 --> 01:45:28.680] Thousands have won with our step-by-step course, and now you can too. [01:45:28.680 --> 01:45:34.680] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [01:45:34.680 --> 01:45:43.680] Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts. [01:45:43.680 --> 01:45:52.680] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, prose tactics, and much more. [01:45:52.680 --> 01:46:01.680] Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ. [01:46:23.680 --> 01:46:27.680] Something in this world I will never understand [01:46:27.680 --> 01:46:31.680] Something, I realize foolish [01:46:31.680 --> 01:46:36.680] Somebody's on my police, I police man [01:46:36.680 --> 01:46:38.680] Somebody's on my police man [01:46:38.680 --> 01:46:40.680] Okay, we are back. [01:46:40.680 --> 01:46:43.680] Randy Kelton, Deborah Stevens, Rule of Law Radio. [01:46:43.680 --> 01:46:51.680] On this, the 17th of January, 2018, and we're talking to Jerry in Pennsylvania. [01:46:51.680 --> 01:46:57.680] Do you have anything else we need to finish up? I've got more callers and I've only got one segment left. [01:46:57.680 --> 01:47:00.680] No, that was about it. Thank you, Randy. [01:47:00.680 --> 01:47:06.680] Okay, thank you, Jerry. Now we're going to go to Tina in California. Hello, Tina. [01:47:06.680 --> 01:47:09.680] Hey, Randy. How's it going? [01:47:09.680 --> 01:47:12.680] Going good. What do you have for us today? [01:47:12.680 --> 01:47:30.680] Quick question. You were talking earlier about sending stuff to the Supreme Court, and you know I wrote the word of surgery, and it was denied, and it was regarding everyone's right to get guaranteed services for anything that could break the law. [01:47:30.680 --> 01:47:34.680] Wait a minute. I'm having trouble understanding you. [01:47:34.680 --> 01:47:40.680] The word of surgery that I wrote to the Supreme Court, which was different. [01:47:40.680 --> 01:48:04.680] Okay. Then I wrote them a letter to the justices telling them as I think what I thought of them for denying every American that you process and for abdicating their responsibility to their law clerk and for stating to uphold due process rights in the Constitution. [01:48:04.680 --> 01:48:12.680] And it was addressed to, you know, court searching every Supreme Court justice. [01:48:12.680 --> 01:48:20.680] Can I get a letter saying, oh, you have to send everything through the clerk of the court. You can't do anything without it going to the clerk. [01:48:20.680 --> 01:48:22.680] And basically saying, you know... [01:48:22.680 --> 01:48:33.680] Yeah, you can't send a letter. Well, actually, you can. You can't send a letter about any case to a judge. [01:48:33.680 --> 01:48:39.680] But you can send a staving letter to the judges calling them scoundrels. [01:48:39.680 --> 01:48:41.680] Well, I did. [01:48:41.680 --> 01:48:43.680] I mean... [01:48:43.680 --> 01:48:58.680] I suspect they got no stuff in any way, but they probably get a lot of those. You know, if you're a judge and you render a ruling, somebody's not going to be happy. [01:48:58.680 --> 01:49:02.680] Just comes with the territory. [01:49:02.680 --> 01:49:09.680] You know, they've denied us all a right to a guaranteed subject of any mail. [01:49:09.680 --> 01:49:14.680] Okay, well, I can't speak to it because... [01:49:14.680 --> 01:49:19.680] Okay, in your case, they denied the cert altogether. They just refuse to hear it. [01:49:19.680 --> 01:49:20.680] Yes. [01:49:20.680 --> 01:49:23.680] Right. They have the right to do that. [01:49:23.680 --> 01:49:24.680] Oh, yeah, I know. [01:49:24.680 --> 01:49:35.680] In the code. And this is more of a moral right that they violated rather than any kind of statutory or technical right. [01:49:35.680 --> 01:49:40.680] Well, the fact is that they're supposed to hear less than half a percent of the cases. [01:49:40.680 --> 01:49:46.680] And if you're a pro se, it's even worse odds because they have their favorites. [01:49:46.680 --> 01:49:57.680] You know, I wrote in and said I had an attorney that has volunteered to argue it pro bono because he thought it had the merit. [01:49:57.680 --> 01:50:05.680] They hear things that affect a quarter of the population, that affect maybe a third of the population, but they don't hear... [01:50:05.680 --> 01:50:20.680] Okay, primarily what they hear is they hear cases where the appellate court and the trial courts need clarification on an issue. [01:50:20.680 --> 01:50:21.680] Yes. [01:50:21.680 --> 01:50:23.680] That's what the Supreme Court looks for. [01:50:23.680 --> 01:50:24.680] Yes. [01:50:24.680 --> 01:50:29.680] Ordinary issues that have been heard over and over, they tend not to address. [01:50:29.680 --> 01:50:34.680] It's really hard to get anything before the Supreme. [01:50:34.680 --> 01:50:35.680] Yes. [01:50:35.680 --> 01:50:37.680] But how do you get them to read these letters? [01:50:37.680 --> 01:50:53.680] Because when they deny every American the right to get certified, you know, notice that there's a case against them, then that's denying you a right to be... [01:50:53.680 --> 01:50:55.680] Wait a minute. Okay. [01:50:55.680 --> 01:51:06.680] If the Supreme took on every cert that come to them, the courts, it would be impossible for the courts to function. [01:51:06.680 --> 01:51:09.680] There is another remedy. [01:51:09.680 --> 01:51:13.680] It's always been there, almost nobody uses it. [01:51:13.680 --> 01:51:15.680] And that is? [01:51:15.680 --> 01:51:17.680] Criminal. [01:51:17.680 --> 01:51:19.680] Okay. [01:51:19.680 --> 01:51:21.680] Criminals hold other animals. [01:51:21.680 --> 01:51:26.680] No, you go after the judges criminally, there's no immunity there. [01:51:26.680 --> 01:51:30.680] Is there no immunity for the Supreme Court, or do I go after the... [01:51:30.680 --> 01:51:31.680] No. [01:51:31.680 --> 01:51:33.680] The... [01:51:33.680 --> 01:51:34.680] Okay. [01:51:34.680 --> 01:51:40.680] Understand that the Supreme Court has no duty to hear your case. [01:51:40.680 --> 01:51:42.680] So you can't get them criminally there. [01:51:42.680 --> 01:51:50.680] However, if you give the Supreme Court justices notice that a crime has been committed, they're magistrates just like everybody else. [01:51:50.680 --> 01:51:54.680] Crime is very good. [01:51:54.680 --> 01:51:57.680] In that case, you would have shot at them. [01:51:57.680 --> 01:51:58.680] But... [01:51:58.680 --> 01:51:59.680] Okay. [01:51:59.680 --> 01:52:04.680] Politically, Supreme Court is not a good place to go for this fight. [01:52:04.680 --> 01:52:12.680] The fight will be much more effective at the district and appeals for the pellicourt level. [01:52:12.680 --> 01:52:15.680] Yeah, well, I already did that and they denied me. [01:52:15.680 --> 01:52:21.680] This is what I get, I try something and it doesn't work. [01:52:21.680 --> 01:52:27.680] And I've been doing this for 30 years and I've been hearing the same thing. [01:52:27.680 --> 01:52:29.680] I tried that and it didn't work. [01:52:29.680 --> 01:52:32.680] You cannot think about it that way. [01:52:32.680 --> 01:52:35.680] So I just go to the next one is criminal, that's what you say? [01:52:35.680 --> 01:52:37.680] Yeah, you just stay after them. [01:52:37.680 --> 01:52:49.680] You understand that you're loading political pressure on them and the last thing they're going to do is let you know you're hurting them. [01:52:49.680 --> 01:52:50.680] Good. [01:52:50.680 --> 01:52:51.680] I will do the criminal. [01:52:51.680 --> 01:52:55.680] I will find every which one and I will file criminology. [01:52:55.680 --> 01:53:03.680] And when somebody doesn't do what they're supposed to, hammer them because this gets very political. [01:53:03.680 --> 01:53:09.680] The problem with criminal is like playing Russian roulette with your career. [01:53:09.680 --> 01:53:23.680] You never know when you're going to get a prosecutor who is politically after you or you got someone else who wants your position [01:53:23.680 --> 01:53:30.680] and he can influence a prosecutor to push this to a grandeur and get you an indictment, toss you out of office. [01:53:30.680 --> 01:53:34.680] With a criminal complaint, that's always possible. [01:53:34.680 --> 01:53:41.680] And when something is possible, people tend to expect the worst. [01:53:41.680 --> 01:53:48.680] I got all nine of the highest judges in Texas put in front of a grand jury. [01:53:48.680 --> 01:53:59.680] By Ronald Earl, a retiring Democratic prosecutor, all these judges were Republicans. [01:53:59.680 --> 01:54:03.680] It had nothing to do with me. [01:54:03.680 --> 01:54:05.680] It had to do with politics out there. [01:54:05.680 --> 01:54:08.680] I didn't know existed. [01:54:08.680 --> 01:54:10.680] That was my big lesson. [01:54:10.680 --> 01:54:14.680] Everything is political. [01:54:14.680 --> 01:54:28.680] So you keep throwing the cannon fodder out there and whether somebody picks it up or not, everybody you throw it at realizes somebody can pick this up and use it against me. [01:54:28.680 --> 01:54:31.680] I am vulnerable. [01:54:31.680 --> 01:54:36.680] There's nothing I can do about it. [01:54:36.680 --> 01:54:40.680] Well, that's my story and I'm sticking to it. [01:54:40.680 --> 01:54:42.680] Good. Well, I'll keep going. [01:54:42.680 --> 01:54:46.680] I've got another question, but I'll do that tomorrow night and I'll let you get to the other caller. [01:54:46.680 --> 01:54:48.680] Okay. Thank you. [01:54:48.680 --> 01:54:51.680] Okay. Now we're going to John in Texas. [01:54:51.680 --> 01:54:54.680] John, you got one minute. [01:54:54.680 --> 01:54:55.680] Okay. [01:54:55.680 --> 01:54:56.680] No, I lied. [01:54:56.680 --> 01:54:57.680] You got three minutes. [01:54:57.680 --> 01:54:58.680] Okay. [01:54:58.680 --> 01:54:59.680] And then I can do it in two and again. [01:54:59.680 --> 01:55:00.680] Here we go. [01:55:00.680 --> 01:55:03.680] To the appeals court, I believe. [01:55:03.680 --> 01:55:14.680] This is the seat belt ticket and first they said no seat belt and then the cop changed the story and said, well, you are wearing it wrong when he found out there was a witness. [01:55:14.680 --> 01:55:15.680] Here we go. [01:55:15.680 --> 01:55:17.680] This is to the appeals court. [01:55:17.680 --> 01:55:22.680] I believe I had a right to a verdict if not guilty with prejudice for at least three reasons. [01:55:22.680 --> 01:55:27.680] First, I challenged the sufficient state of the charging instrument, the charge on the ticket was no seat belt. [01:55:27.680 --> 01:55:33.680] In trial court, the officer, by his own admission, testified that I was indeed wearing my seat belt. [01:55:33.680 --> 01:55:37.680] Even for a late person, the two contradictions should have ended the case right there. [01:55:37.680 --> 01:55:42.680] I was deprived of proper notice as to what I was there for to defend myself against. [01:55:42.680 --> 01:55:48.680] I moved the appeals court to rule I had a right to a verdict of not guilty with prejudice. [01:55:48.680 --> 01:55:56.680] Secondly, during the trial, I asked the officer what evidence he had against me, pictures, witnesses, sworn affidavit. [01:55:56.680 --> 01:55:58.680] He said no to everything. [01:55:58.680 --> 01:55:59.680] Okay. [01:55:59.680 --> 01:56:00.680] Hold on, John. [01:56:00.680 --> 01:56:03.680] Not to be impertinent, but. [01:56:03.680 --> 01:56:04.680] Go ahead. [01:56:04.680 --> 01:56:06.680] So what? [01:56:06.680 --> 01:56:07.680] Oh. [01:56:07.680 --> 01:56:10.680] So we strike second when we strike that one? [01:56:10.680 --> 01:56:11.680] No. [01:56:11.680 --> 01:56:13.680] You're violating a rule. [01:56:13.680 --> 01:56:19.680] Never make a proactive statement of law out of your own mouth. [01:56:19.680 --> 01:56:21.680] Okay, what should I take out of there then? [01:56:21.680 --> 01:56:25.680] I had a right to. [01:56:25.680 --> 01:56:29.680] You never make a proactive statement of law out of your own mouth. [01:56:29.680 --> 01:56:38.680] What statute, what case law specifically stipulates that you have this right? [01:56:38.680 --> 01:56:40.680] Okay, so go after that. [01:56:40.680 --> 01:56:41.680] Hold on. [01:56:41.680 --> 01:56:42.680] Let me give you an example. [01:56:42.680 --> 01:56:52.680] I go to the clerk of a JP court and I say, I want to see all your. [01:56:52.680 --> 01:57:05.680] Wants that were issued by this court and executed in accordance with 15.16 Texas code crime procedure. [01:57:05.680 --> 01:57:12.680] Oh, well, that just changed you is just about to tell me what I could do what I couldn't do. [01:57:12.680 --> 01:57:21.680] But when I stuck in 15.16, 15.16 Texas code crime procedure, that changed everything. [01:57:21.680 --> 01:57:25.680] Never tell someone what your rights are. [01:57:25.680 --> 01:57:34.680] Tell them what the statute or the case law commands them to do, especially when you're talking to judges. [01:57:34.680 --> 01:57:47.680] A judge has a duty to determine the facts in accordance with the rules of evidence, then apply the law as it comes to him to the facts in the case. [01:57:47.680 --> 01:57:58.680] You can make the most cogent arguments and the most convincing explanations and the judge can agree with you. [01:57:58.680 --> 01:58:06.680] But if you don't give him facts and law, he has no power to rule your favor. [01:58:06.680 --> 01:58:25.680] So you need to show where when you are charged with a specific violation and the prosecution attempts to transpose that violation into a separate violation. [01:58:25.680 --> 01:58:32.680] That that is forbidden by the court. What court forbids it and under what circumstances is forbidden. [01:58:32.680 --> 01:58:36.680] You need a brief. [01:58:36.680 --> 01:58:38.680] Facts and Laws. [01:58:38.680 --> 01:58:41.680] Just can't do it this way and we're out of time. [01:58:41.680 --> 01:58:45.680] Call back tomorrow night and we'll explain how this should be done. [01:58:45.680 --> 01:58:49.680] Randy Kelton, Denver Stevens, Rule of Law Radio. Thank you all for listening. [01:58:49.680 --> 01:58:57.680] Bibles for America is offering absolutely free a unique study Bible called the New Testament recovery version. [01:58:57.680 --> 01:59:07.680] The New Testament recovery version has over 9000 footnotes that explain what the Bible says verse by verse, helping you to know God and to know the meaning of life. [01:59:07.680 --> 01:59:19.680] Order your free copy today from Bibles for America. Call us toll free at 888-551-0102 or visit us online at bfa.org. [01:59:19.680 --> 01:59:29.680] This translation is highly accurate and it comes with over 13000 cross references, plus charts and maps and an outline for every book of the Bible. [01:59:29.680 --> 01:59:40.680] This is truly a Bible you can understand. To get your free copy of the New Testament recovery version call us toll free at 888-551-0102. [01:59:40.680 --> 01:59:51.680] That's 888-551-0102 or visit us online at bfa.org. [01:59:51.680 --> 01:59:59.680] You're listening to the Logos Radio Network at LogosRadioNetwork.com.