[00:00.000 --> 00:05.780]  The following news flashes brought G.V.I., the Low Star Lowdown, providing the Delhi
[00:05.780 --> 00:13.480]  bulletins for the commodity market, today's history, news updates, and the inside scoop
[00:13.480 --> 00:21.280]  into the tides of the alternative.
[00:21.280 --> 00:29.080]  Markets for Wazeva 6th of February 2019 opened with gold at $1,313.70 an ounce, silver $15.77
[00:29.080 --> 00:36.640]  an ounce, copper $2.83 an ounce, oil Texas Crude $53.66 a barrel, Brent Crude $61.98
[00:36.640 --> 00:43.320]  an ounce, and cryptos in order of market capitalization, Bitcoin $3,401.64, Ripple
[00:43.320 --> 00:51.640]  XRP $0.29, Ethereum $10.10, and Eos is at $2.32 an ounce of crypto coin.
[00:51.640 --> 00:59.640]  Today in History, the year 1918, British women over the age of 30 who meet minimum property
[00:59.640 --> 01:04.520]  qualifications get the right to vote when the Representation of the People Act of 1918
[01:04.520 --> 01:06.080]  was passed by Parliament.
[01:06.080 --> 01:12.880]  Today in History, and recent news, several Texas-based organizations filed a lawsuit
[01:12.880 --> 01:17.400]  today requesting that a federal court stop the state from flagging about 95,000 people
[01:17.400 --> 01:19.840]  as potentially illegally registered to vote.
[01:19.840 --> 01:24.640]  The list was compiled after an 11-month-long investigation by the Office of the Texas Secretary
[01:24.640 --> 01:30.000]  of State and the Texas Department of Public Safety which sought to identify non-U.S. citizens
[01:30.000 --> 01:33.360]  who were registered to vote when obtaining a garbage license.
[01:33.360 --> 01:37.080]  Over half of the 95,000 did indeed vote, it seems.
[01:37.080 --> 01:41.080]  However, further controversy was raised when it became clear that some of the names were
[01:41.080 --> 01:45.360]  not in fact belonging to those who were non-citizens and registered.
[01:45.360 --> 01:50.840]  Apparently around 25% of all Latino immigrants become naturalized, gaining the right to vote.
[01:50.840 --> 01:55.240]  Registered voters who receive letters querying their citizenship have 30 days to respond
[01:55.240 --> 01:57.080]  with proof of eligibility.
[01:57.080 --> 02:01.240]  Texas Attorney General Ken Paxton and David Whitley, the Texas Secretary of State, have
[02:01.240 --> 02:09.000]  yet to officially comment regarding this list and any updates pertaining to it.
[02:09.000 --> 02:14.400]  A Texas man of only 24 years old, William Brown, died from a severed artery in his neck after
[02:14.400 --> 02:16.960]  a vape pen exploded while he was using it.
[02:16.960 --> 02:20.680]  It apparently happened in the parking lot of the vape shop where he got it.
[02:20.680 --> 02:24.280]  An x-ray revealed that a piece of metal was embedded in his brainstem.
[02:24.280 --> 02:30.480]  The vape store, Smoke and Vape DZ, has refused to comment.
[02:30.480 --> 02:35.240]  First edition anchorwoman, Kristen Diaz, interviewed Aislin Campbell, the executive director of
[02:35.240 --> 02:40.200]  Grow Local, South Texas, concerning the upcoming Texas Organic Farmers and Gardeners Association
[02:40.200 --> 02:44.600]  Conference, which will be taking place at the Corpus Christi Omni Hotel from February
[02:44.600 --> 02:47.480]  14th to 16th, 6 to 9 p.m.
[02:47.480 --> 02:51.480]  You can find the interview at kiiitv.com.
[02:51.480 --> 03:17.480]  This was Rick Rody with your lowdown for February 6th, 2019.
[03:17.480 --> 03:31.680]  Okay, we are back, Randy Kelton, Real Blood Radio, and we were going to go to John, but
[03:31.680 --> 03:34.920]  John's had his time now, so he's stuck.
[03:34.920 --> 03:37.960]  Hang on, John, we're just teasing.
[03:37.960 --> 03:40.960]  I'm going to back to Danny, call back in.
[03:40.960 --> 03:47.000]  Okay, Danny, what was it you had for us before I bushwacked you?
[03:47.000 --> 03:56.160]  I'm still not getting sound, Danny.
[03:56.160 --> 04:03.400]  Can you check and see if you can figure out why you're not getting sound out?
[04:03.400 --> 04:10.360]  If you're on a headset or a Bluetooth, try shutting that off.
[04:10.360 --> 04:13.240]  We're getting no sound at all.
[04:13.240 --> 04:19.240]  Okay, if you can figure it out, Danny, I'll come back to you a little bit later.
[04:19.240 --> 04:21.240]  We're going back to John.
[04:21.240 --> 04:23.240]  John, you are up.
[04:23.240 --> 04:24.240]  Oh, hi.
[04:24.240 --> 04:25.240]  Hi, Randy.
[04:25.240 --> 04:26.240]  How are you doing?
[04:26.240 --> 04:27.240]  I'm doing good.
[04:27.240 --> 04:28.240]  What do you have for us today?
[04:28.240 --> 04:29.240]  Well, I bet you maybe he accidentally put himself on mute.
[04:29.240 --> 04:30.240]  Sometimes the phones will do that by themselves.
[04:30.240 --> 04:31.240]  Mine does that to me.
[04:31.240 --> 04:32.240]  Well, actually, I did that.
[04:32.240 --> 04:47.240]  And I just forgot to unmute myself, but being a guy, I don't take responsibility for my
[04:47.240 --> 04:48.240]  own behavior.
[04:48.240 --> 04:49.240]  That is just not manly.
[04:49.240 --> 04:50.240]  Don't you remember?
[04:50.240 --> 04:56.240]  Don't you remember in the Seven Commandments, as given by the Lord, it says, would Paul
[04:56.240 --> 05:02.240]  Flynn be responsible for all the wrongs?
[05:02.240 --> 05:04.240]  I better watch myself.
[05:04.240 --> 05:06.240]  I'll send you a link.
[05:06.240 --> 05:07.240]  Wait a minute.
[05:07.240 --> 05:13.240]  The Fifth Amendment and the Lord, I don't think those two go in the same sentence.
[05:13.240 --> 05:16.240]  Anyway, here's a question.
[05:16.240 --> 05:17.240]  You mentioned something earlier.
[05:17.240 --> 05:19.240]  It was very interesting.
[05:19.240 --> 05:25.240]  It was about when judges have to recuse themselves, how about you have a situation, the defendant
[05:25.240 --> 05:35.240]  verbally asks the judge to recuse himself in both a traffic case and in a separate civil
[05:35.240 --> 05:36.240]  case.
[05:36.240 --> 05:37.240]  The judge refused.
[05:37.240 --> 05:38.240]  He can do that.
[05:38.240 --> 05:40.240]  Any remedy for the defendant?
[05:40.240 --> 05:42.240]  Yeah, he can do that.
[05:42.240 --> 05:50.240]  A motion to, a verbal motion to recuse, he doesn't have to respond to.
[05:50.240 --> 05:59.240]  You have to file a written motion and like Sonny said, it has to be accompanied with an
[05:59.240 --> 06:02.240]  affidavit, a statement of facts.
[06:02.240 --> 06:06.240]  So just a verbal motion in the court is insufficient.
[06:06.240 --> 06:12.240]  You can ask the court for a recess to give you time to produce a motion to recuse.
[06:12.240 --> 06:19.240]  So even though you're scheduled at a particular day and time, you can say a motion for an
[06:19.240 --> 06:22.240]  adjournment so that I can properly prepare.
[06:22.240 --> 06:27.240]  No, no.
[06:27.240 --> 06:36.240]  Unless the judge did something at that moment in time, you can't come into court and ask
[06:36.240 --> 06:39.240]  for a continuous for a motion to recuse.
[06:39.240 --> 06:42.240]  You have to have that already prepared.
[06:42.240 --> 06:43.240]  Gotcha.
[06:43.240 --> 06:50.240]  If he does something in the courtroom that indicates, you know, if he throws the gavel
[06:50.240 --> 06:59.240]  at you or something, then you could ask him to recuse himself or grant you a continuance
[06:59.240 --> 07:04.240]  while the bailiff arrests him so you can prepare a motion to recuse.
[07:04.240 --> 07:13.240]  You have to understand that there are about 6% of the people do 90-something percent of
[07:13.240 --> 07:15.240]  the crime and they're pros.
[07:15.240 --> 07:17.240]  They do it all the time.
[07:17.240 --> 07:22.240]  If there is any way to disrupt the system, they'll find it.
[07:22.240 --> 07:30.240]  So we have to build the system so we can function with people who are doing every thing they
[07:30.240 --> 07:33.240]  can to make it not function.
[07:33.240 --> 07:39.240]  So if I just go in and say, judge, I want to recuse you and that would stop the court,
[07:39.240 --> 07:43.240]  then they would never be able to hold court because the guys who know how to work the
[07:43.240 --> 07:46.240]  system keep the court shut down.
[07:46.240 --> 07:47.240]  Right.
[07:47.240 --> 07:55.240]  So we have to give some amount of leeway.
[07:55.240 --> 07:56.240]  All right.
[07:56.240 --> 07:57.240]  All right.
[07:57.240 --> 07:58.240]  That's okay.
[07:58.240 --> 08:01.240]  You've answered that real well.
[08:01.240 --> 08:10.240]  And the progress in the seat belt case where the first recharge was no seat belt and then
[08:10.240 --> 08:12.240]  the cop side, well...
[08:12.240 --> 08:13.240]  Okay.
[08:13.240 --> 08:16.240]  I did want to tell you about the seat belt case.
[08:16.240 --> 08:22.240]  If you call in on a Thursday night with a question on the seat belt case, Deborah's hooking
[08:22.240 --> 08:27.240]  up something to the microphone so she can give you about 20,000 volts.
[08:27.240 --> 08:29.240]  20,000 volts?
[08:29.240 --> 08:30.240]  Yeah.
[08:30.240 --> 08:31.240]  Yeah.
[08:31.240 --> 08:33.240]  Do your microphone.
[08:33.240 --> 08:36.240]  I know we're dragging this out, but bear with me.
[08:36.240 --> 08:38.240]  This is fast.
[08:38.240 --> 08:43.240]  No seat belt was the ticket charge and the cop admits and testifies he was wearing the
[08:43.240 --> 08:44.240]  seat belt but improperly.
[08:44.240 --> 08:47.240]  So that definitely blew the ticket charge out of the water.
[08:47.240 --> 08:54.240]  Now, all I need you to do is confirm who could be charged and with what charges, the names
[08:54.240 --> 08:59.240]  of the charges and then where you've charged them with those charges.
[08:59.240 --> 09:00.240]  Okay.
[09:00.240 --> 09:01.240]  We've done this before.
[09:01.240 --> 09:03.240]  Yeah, but I'm missing something.
[09:03.240 --> 09:05.240]  I'm still missing something.
[09:05.240 --> 09:07.240]  So just let me do what I'm doing.
[09:07.240 --> 09:10.240]  And even though it's a pain in the neck, believe me, I know...
[09:10.240 --> 09:11.240]  No, no.
[09:11.240 --> 09:15.240]  It doesn't hurt my neck a bit.
[09:15.240 --> 09:17.240]  Okay, please.
[09:17.240 --> 09:18.240]  Uh-huh.
[09:18.240 --> 09:19.240]  Okay.
[09:19.240 --> 09:22.240]  So the ticket charge is no seat belt.
[09:22.240 --> 09:27.240]  Then he decides that he was wearing it but wearing it improperly.
[09:27.240 --> 09:30.240]  And then you progress to...
[09:30.240 --> 09:34.240]  He admitted the defendant was wearing the seat belt.
[09:34.240 --> 09:39.240]  Then you progress to when the defendant objected when he brought this to the attention of the
[09:39.240 --> 09:42.240]  judge, a summary judgment should have been the next step.
[09:42.240 --> 09:46.240]  It should have been clear to the judge that at this point there was no case.
[09:46.240 --> 09:49.240]  So at this point, the judge is acting out of scope.
[09:49.240 --> 09:54.240]  So the judge at this point abused his discretion by failing to properly apply the law to the
[09:54.240 --> 09:59.240]  facts of the case and finally, the defendant...
[09:59.240 --> 10:01.240]  Okay, so that's where we're at.
[10:01.240 --> 10:07.240]  Okay, so the judge failed to properly apply the law to the facts and denied the defendant
[10:07.240 --> 10:10.240]  in the due course of the loss.
[10:10.240 --> 10:14.240]  That's official misconduct in the state of New York.
[10:14.240 --> 10:15.240]  Okay.
[10:15.240 --> 10:20.240]  And that's the only charge that you can charge the judge with on that point.
[10:20.240 --> 10:21.240]  Is that correct?
[10:21.240 --> 10:27.240]  Well, you might be able to find something else, but that would be stacking.
[10:27.240 --> 10:32.240]  The most appropriate charge is official misconduct.
[10:32.240 --> 10:34.240]  So that's what we call it.
[10:34.240 --> 10:36.240]  And then who do you file that with?
[10:36.240 --> 10:40.240]  And then if they ignore it, who do you file next?
[10:40.240 --> 10:44.240]  Okay, that goes to an art form.
[10:44.240 --> 10:51.240]  It depends on how you want to exercise the system.
[10:51.240 --> 10:54.240]  You can file it with a...
[10:54.240 --> 10:59.240]  If he's in a municipality and there's another municipal judge within the same municipality,
[10:59.240 --> 11:02.240]  you can file it with another municipal judge.
[11:02.240 --> 11:07.240]  You can file it with a justice of the peace if your state has justices of the peace.
[11:07.240 --> 11:12.240]  You can file it with anyone who takes complaints.
[11:12.240 --> 11:18.240]  You can file it with the police department, but that doesn't invoke anybody's duty.
[11:18.240 --> 11:24.240]  You can file it with a prosecutor, but as far as I know from New York law,
[11:24.240 --> 11:29.240]  that does not invoke a duty on part of the prosecutor.
[11:29.240 --> 11:35.240]  Texas has a specific law that I've only seen in Texas,
[11:35.240 --> 11:44.240]  that when a prosecuting attorney is made known in any manner that a public official has violated a law relating to his office,
[11:44.240 --> 11:49.240]  he shall reduce the complaint to an information submitted to the grand jury.
[11:49.240 --> 11:55.240]  No other state has a statute like that that I have been able to find.
[11:55.240 --> 12:04.240]  So giving a complaint to a prosecuting attorney does not invoke a duty on part of the prosecutor.
[12:04.240 --> 12:17.240]  Remember, a prosecutor is a lawyer representing the state and, for instance, a examining trial.
[12:17.240 --> 12:29.240]  I can't see anything that would authorize a prosecuting attorney to participate in an examining trial
[12:29.240 --> 12:36.240]  because at this point there is no prosecution.
[12:36.240 --> 12:41.240]  So there is no prosecution for the prosecutor to prosecute.
[12:41.240 --> 12:47.240]  Once there's been an examining trial and a determination of probable cause,
[12:47.240 --> 12:54.240]  now there exists a prosecution, now the prosecutor's got something to do.
[12:54.240 --> 13:01.240]  So filing a complaint with a prosecutor in the first instance does not invoke a duty on part of the prosecutor.
[13:01.240 --> 13:09.240]  Filing a complaint with a policing agency does not invoke a duty on the policing agency.
[13:09.240 --> 13:14.240]  That is considered a voluntary statement.
[13:14.240 --> 13:24.240]  Except when I file a voluntary statement, I always slide in behind it a verified criminal affidavit.
[13:24.240 --> 13:28.240]  And they sometimes get real excited when I do that.
[13:28.240 --> 13:35.240]  I had one in Stevenville when he realized there was a page underneath the statement page.
[13:35.240 --> 13:42.240]  What's this? He pulled it out and said, well, that's a verified criminal complaint.
[13:42.240 --> 13:46.240]  I'm not going to take this. Sorry, Bubba, you already got it.
[13:46.240 --> 13:51.240]  Well, I'm just going to throw it in the trash. You just do whatever you want to.
[13:51.240 --> 13:55.240]  I'm not going to care. I'll just take the next step.
[13:55.240 --> 13:59.240]  He was so furious he was standing there shaking.
[13:59.240 --> 14:06.240]  Well, I'll just give this as a prosecuting attorney. You're smarter than I thought you were.
[14:06.240 --> 14:12.240]  But it does not invoke a duty on his part.
[14:12.240 --> 14:17.240]  If you give him a verified criminal affidavit, that invokes his duty.
[14:17.240 --> 14:20.240]  Giving him a voluntary statement doesn't.
[14:20.240 --> 14:35.240]  Well, at least in Texas, it invokes his duty because Article 2.13 makes it a duty of the police officer to enforce the laws.
[14:35.240 --> 14:40.240]  And apprehend all offenders and cause them to be brought before magistrate.
[14:40.240 --> 14:52.240]  Well, when I give him notice that a crime has been committed, then he has a duty to present that charge to some magistrate.
[14:52.240 --> 15:03.240]  I think that's 2.14. He's to arrest all offenders and bring them before some magistrate.
[15:03.240 --> 15:09.240]  So I give him a verified criminal affidavit. He's been had it made known to him that a crime has been committed.
[15:09.240 --> 15:12.240]  I'm not asking him for his opinion.
[15:12.240 --> 15:24.240]  I'm not giving him a voluntary statement so that he can then go investigate the crime and decide whether or not he thinks the crime has been committed.
[15:24.240 --> 15:26.240]  Can we do that here?
[15:26.240 --> 15:28.240]  Sure.
[15:28.240 --> 15:38.240]  You give him a verified criminal affidavit, then you have the same standing he does.
[15:38.240 --> 15:43.240]  Where can we learn to do a verified criminal affidavit? What do you do? Is there a form?
[15:43.240 --> 15:48.240]  Yeah, just look at any criminal complaint in the criminal court records.
[15:48.240 --> 15:52.240]  Look in the court records for an information.
[15:52.240 --> 15:56.240]  Information is pretty consistent across the states.
[15:56.240 --> 16:11.240]  When a prosecuting attorney is presented with a complaint, that complaint is intended to come from a non-lawyer, a private person or a police officer.
[16:11.240 --> 16:19.240]  He is to take that complaint and prepare from the complaint an information.
[16:19.240 --> 16:21.240]  Right.
[16:21.240 --> 16:28.240]  An information looks just like a complaint, except it is in proper form.
[16:28.240 --> 16:30.240]  Right.
[16:30.240 --> 16:40.240]  So get the information, make up a criminal complaint just like it, and where the information says information, change that to criminal accusation.
[16:40.240 --> 16:51.240]  Well, in the facts, take it to a note or we have it notarized, and that's the government document. Hang on. Back to go to break. Randy Kelton, rule of law radio.
[16:51.240 --> 17:01.240]  Call in number 512-646-1984. We'll be right back.
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[19:11.240 --> 19:22.240]  Well, don't let nothing get to you. Only the father can do it by you. But don't let bad-mined people hurt you.
[19:22.240 --> 19:35.240]  Okay, we are back. Randy Kelton, ruleoflawradio. And we're talking to John in New York. It looks like Jan is dropped off again.
[19:35.240 --> 19:43.240]  I'll finish up with John here pretty quick. If you'll call in, Dan, we'll just drop John like a hot rock.
[19:43.240 --> 19:53.240]  We got that settled. Now there's just one more thing, and I'll get off the phone so you can get to the other caller.
[19:53.240 --> 19:57.240]  Okay. Well, we got Ken from New York, too.
[19:57.240 --> 20:05.240]  Sorry. Oh, okay. The accusation by the cop is the...
[20:05.240 --> 20:15.240]  Oh, okay. Yeah, actually, I was supposed to pick this up. You give the verified criminal affidavit to the policeman, then you can hold him responsible.
[20:15.240 --> 20:17.240]  So give it to the cop.
[20:17.240 --> 20:30.240]  It depends on what you want to do. I generally don't like to mess with the prosecutor or the policeman. I would want to get up as high in the court system as I can, as fast as I can.
[20:30.240 --> 20:46.240]  But a criminal complaint is directed to some magistrate. And as a rule, justices of the peace are the ones that are primarily considered to be magistrates.
[20:46.240 --> 20:50.240]  That's the way it's been for 800 years.
[20:50.240 --> 21:00.240]  So I'd like to take it to a justice of the peace or a judge that's in that relative position and give it to him first.
[21:00.240 --> 21:12.240]  And when he doesn't act on it, then I take it to the next higher court and get them not to act on it and just walk it right up to the supreme.
[21:12.240 --> 21:18.240]  Got it. All of them are magistrates. They all have the same duty.
[21:18.240 --> 21:19.240]  Right.
[21:19.240 --> 21:25.240]  And when they follow policy, the supreme is the one you really want to hammer.
[21:25.240 --> 21:36.240]  And once you've got to the supreme... Okay, New York is different. The supreme is where you would start. That's the lowest court in New York.
[21:36.240 --> 21:42.240]  For some reason, they've flipped it around backwards, but you know how those jankies are. They just get everything backwards.
[21:42.240 --> 21:46.240]  So you can all bring it backwards.
[21:46.240 --> 21:52.240]  So you start at the lowest court and just work your way up to the highest court until you can file with the supreme.
[21:52.240 --> 21:57.240]  I like to file with the chief justice of the Supreme Court of Texas.
[21:57.240 --> 22:03.240]  That is great fun. And then when he doesn't act on it, I file against him with the attorney general.
[22:03.240 --> 22:16.240]  And we start pushing all these politics around. Once you've hit the chief justice and the attorney general, those are the two top law enforcement officials in the state.
[22:16.240 --> 22:24.240]  Now you can move out of the state to the local special agent in charge, the FBI.
[22:24.240 --> 22:30.240]  Because that's the only guy whose name you can get. The rest of them are secret police now.
[22:30.240 --> 22:32.240]  Right. Right. I know.
[22:32.240 --> 22:38.240]  So you take the, you go to the SEC, you can find his name and file with him.
[22:38.240 --> 22:42.240]  And then when he doesn't act on it, you file with the U.S. attorney.
[22:42.240 --> 22:49.240]  And when he doesn't act, you come back to the SEC and file against the U.S. attorney.
[22:49.240 --> 23:14.240]  And the complaints from the state actors to the SEC, to the SEC, those he's not required to report to the attorney general, but the complaint against the prosecuting attorney, the U.S. attorney, that he's required under 28 USC 535 to give notice to the U.S. attorney general.
[23:14.240 --> 23:18.240]  So you move this up to the top of the food chain.
[23:18.240 --> 23:22.240]  Now, did you say SEC or FAC?
[23:22.240 --> 23:26.240]  SAC, Special Agent in Charge.
[23:26.240 --> 23:29.240]  Oh, that's AC, that's the FBI, yep.
[23:29.240 --> 23:30.240]  Yes.
[23:30.240 --> 23:55.240]  And then I guess my, the only other question I have is within the same case, because the surprise accusation of wearing the seatbelt improperly was not properly done. The prosecution breached the defendant's sixth amendment rights with wearing the seatbelt improperly, which goes to nature, which goes to nature and cause.
[23:55.240 --> 24:02.240]  And it goes to due process, am I right?
[24:02.240 --> 24:04.240]  Yes, exactly.
[24:04.240 --> 24:12.240]  And then the defendant has the right to know the nature and cause before he gets to court. So the cops.
[24:12.240 --> 24:21.240]  So file criminal charges against the judge for failing to properly apply the law to the facts.
[24:21.240 --> 24:24.240]  Okay, just like we said with the other one.
[24:24.240 --> 24:25.240]  Yes.
[24:25.240 --> 24:33.240]  Okay, now can we charge the cop with improper, you know, violating the sixth amendment?
[24:33.240 --> 24:36.240]  No, no, no, no. The cop is a witness.
[24:36.240 --> 24:40.240]  Oh, okay. Well, yeah, but who's the prosecution?
[24:40.240 --> 24:50.240]  The prosecutor, maybe. Yeah, look under, look up the American Bar Association standards for the prosecution function.
[24:50.240 --> 24:54.240]  There's no prosecutor in the traffic case in New York State.
[24:54.240 --> 24:59.240]  Oh, okay. Then is the policeman acting as the prosecutor?
[24:59.240 --> 25:02.240]  That's, that's correct. That's what I would say.
[25:02.240 --> 25:06.240]  Because there's no prosecutor, there was no prosecutor present.
[25:06.240 --> 25:13.240]  Okay, then, but still he, the policeman is just a witness.
[25:13.240 --> 25:14.240]  Okay.
[25:14.240 --> 25:25.240]  And he's not presenting himself as a learned counsel. So his witness testimony, so long as it's not perjurious, is protected.
[25:25.240 --> 25:28.240]  Right. And it was perjurious. But anyway,
[25:28.240 --> 25:36.240]  Well, no, no, no, he, he originally charged him that it's not aggravated.
[25:36.240 --> 25:44.240]  You can't prosecute for the surgery if someone recants.
[25:44.240 --> 25:46.240]  Yeah, no, I know, I agree.
[25:46.240 --> 25:52.240]  I was once in court at a, the officer who had arrested me was the bailiff.
[25:52.240 --> 26:00.240]  And the bailiff ran against the judge, the magistrate, I mean, the Justice of the Peace in the next election.
[26:00.240 --> 26:06.240]  Was such a no good SOB that the Justice of the Peace sued him.
[26:06.240 --> 26:14.240]  And he, the Justice, the bailiff lost the election, so he's still the bailiff and the judge hated him.
[26:14.240 --> 26:23.240]  Well, he arrested me in court because I was trying to file criminal charges against some public officials with a prosecutor that was there.
[26:23.240 --> 26:31.240]  And he got on the stand and testified that he was a bailiff for the county of Denton.
[26:31.240 --> 26:34.240]  And he had since been fired.
[26:34.240 --> 26:43.240]  So when I came out of the courtroom, the judge said, you know, he lied on the stand when he said he was a bailiff.
[26:43.240 --> 26:45.240]  I'm sorry, a constable.
[26:45.240 --> 26:48.240]  I said, oh yeah, I knew that.
[26:48.240 --> 26:51.240]  He said, well, why didn't you challenging with it?
[26:51.240 --> 26:58.240]  I said, well, first it was irrelevant because he was a constable at the time of the arrest.
[26:58.240 --> 27:05.240]  And besides, if I had challenged it, he would have gotten an opportunity to recant.
[27:05.240 --> 27:11.240]  He said, the judge said, oh, you can be devious.
[27:11.240 --> 27:13.240]  Yes, matter of fact, that can't.
[27:13.240 --> 27:27.240]  So if someone commits perjury and they recant that perjury before the perjurious nature of the statements are made known,
[27:27.240 --> 27:36.240]  or before it's clear that the perjurious nature of the statements will come out in court, then he can't be charged with the perjury.
[27:36.240 --> 27:55.240]  And in this case, when in court, he developed the fact that the officer had screwed up, he recanted his no seat belt assertion and made a different assertion.
[27:55.240 --> 27:58.240]  So that got him around and made a perjury.
[27:58.240 --> 28:00.240]  Does that make sense, John?
[28:00.240 --> 28:07.240]  Oh, no, no, I know he perjured himself a total of two times other than that.
[28:07.240 --> 28:15.240]  So now, what I'm trying to get at here, and I'm going to try to get to this fast.
[28:15.240 --> 28:19.240]  The cop changed the material fact slash evidence.
[28:19.240 --> 28:24.240]  Could I call it a material fact or evidence either way?
[28:24.240 --> 28:31.240]  Well, if he changes it in the courtroom, you can't challenge him because did he correct it?
[28:31.240 --> 28:34.240]  Well, no, no, no, let me continue.
[28:34.240 --> 28:38.240]  He changed the material fact slash evidence.
[28:38.240 --> 28:41.240]  Okay, this is not helpful.
[28:41.240 --> 28:44.240]  What material fact slash evidence?
[28:44.240 --> 28:50.240]  Well, at the last minute, and it goes to due process because he violated the Sixth Amendment.
[28:50.240 --> 28:52.240]  No, you're talking around this.
[28:52.240 --> 28:53.240]  Tell us what happened.
[28:53.240 --> 28:59.240]  Well, what happened was the ticket charge was no seat belt.
[28:59.240 --> 29:02.240]  But then I'm going into something else now.
[29:02.240 --> 29:05.240]  It sounds like the same thing, but it's not.
[29:05.240 --> 29:06.240]  It is the same thing.
[29:06.240 --> 29:09.240]  We've been through this way too many times.
[29:09.240 --> 29:17.240]  You're taking the same thing and twisting it around and tweaking around, trying to change one syllable to make everything different.
[29:17.240 --> 29:18.240]  We've examined this.
[29:18.240 --> 29:21.240]  I'm not going through this anymore.
[29:21.240 --> 29:28.240]  What I'm asking is, what I'm asking is, you see, now you're getting me all, I can't think now.
[29:28.240 --> 29:32.240]  I lost my trend of thought and I can't think, no, it's something else.
[29:32.240 --> 29:33.240]  This is something else.
[29:33.240 --> 29:35.240]  Trust me.
[29:35.240 --> 29:38.240]  And it goes to due.
[29:38.240 --> 29:40.240]  And now I'm all screwed up.
[29:40.240 --> 29:46.240]  Okay, then you've got over the break to unscrew it and we'll pick this up on the other side.
[29:46.240 --> 29:53.240]  Randy Kelton, rule of law radio or call in number 512-646-1984.
[29:53.240 --> 30:01.240]  We'll be right back.
[30:01.240 --> 30:05.240]  Let's get physical, physical.
[30:05.240 --> 30:10.240]  Hey, if you exercise even a tent as much as you should, you can extend your life by years.
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[31:14.240 --> 31:16.240]  So come on, couch potatoes.
[31:16.240 --> 31:20.240]  Dig out those Olivia Newton-John CDs and let me hear your body talk.
[31:20.240 --> 31:22.240]  I'm Dr. Catherine Albrecht.
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[31:57.240 --> 32:00.240]  Why it fell, why it matters, and what you can do.
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[33:01.240 --> 33:06.240]  Live, free speech radio, LogosRadioNetwork.com.
[33:06.240 --> 33:12.240]  Music
[33:12.240 --> 33:18.240]  Music
[33:18.240 --> 33:23.240]  Music
[33:23.240 --> 33:28.240]  Okay, we are back. Randy Kelton grew up on the radio,
[33:28.240 --> 33:33.240]  and we're talking John, anoint me with the ticket issue,
[33:33.240 --> 33:37.240]  the seat belt ticket issue from New York.
[33:37.240 --> 33:41.240]  Okay, I apologize. Here we go.
[33:41.240 --> 33:44.240]  Here, let me press a button here, and we're all set.
[33:44.240 --> 33:48.240]  As I made notes on the break, now I can explain myself.
[33:48.240 --> 33:51.240]  Again, law is not my thing, and I'm terrible at it.
[33:51.240 --> 33:56.240]  Okay, because the cop didn't follow the Sixth Amendment, Nature and Cause,
[33:56.240 --> 34:02.240]  to introduce a new evidence slash charge at the last possible minute,
[34:02.240 --> 34:04.240]  right in the middle of court.
[34:04.240 --> 34:08.240]  The Sixth Amendment violation goes to Nature and Cause and due process.
[34:08.240 --> 34:12.240]  So because the defendant requested a second deposition,
[34:12.240 --> 34:18.240]  they had an obligation to provide him with that before the court started,
[34:18.240 --> 34:21.240]  in a timely fashion, and because they didn't,
[34:21.240 --> 34:25.240]  that also should have gotten the case dismissed right there on the spot.
[34:25.240 --> 34:29.240]  How many charges can be brought against the cop and the judge for doing that?
[34:29.240 --> 34:34.240]  And when you call them, and then we're all done, then we're all done.
[34:34.240 --> 34:38.240]  I'm not sure that's chargeable.
[34:38.240 --> 34:43.240]  That's a process issue.
[34:43.240 --> 34:55.240]  Did the defendant request the second deposition?
[34:55.240 --> 34:57.240]  Deposition.
[34:57.240 --> 35:00.240]  It's hard to say deposition, but deposition doesn't sound right.
[35:00.240 --> 35:06.240]  Deposition is generally a statement taken by one of the parties.
[35:06.240 --> 35:09.240]  But okay, that's just what they call the Young New York case.
[35:09.240 --> 35:12.240]  Yeah, they call it a deposition in New York.
[35:12.240 --> 35:14.240]  Okay.
[35:14.240 --> 35:18.240]  So he requested it in a timely fashion ahead of time,
[35:18.240 --> 35:23.240]  a way the law says in CPL 100.25,
[35:23.240 --> 35:30.240]  hyphen, or not hyphen, parentheses two, and then in 100.40, parentheses two,
[35:30.240 --> 35:35.240]  it says if you don't provide it within 30 days, your ticket is dismissed.
[35:35.240 --> 35:39.240]  So since there was a second charge brought up in court,
[35:39.240 --> 35:48.240]  then you go to the judge for failure to apply the law to the facts.
[35:48.240 --> 35:50.240]  Okay, just like in the other one, right?
[35:50.240 --> 35:58.240]  Yes, as long as this issue was brought to the judge.
[35:58.240 --> 36:00.240]  Yes, it was.
[36:00.240 --> 36:05.240]  Then charge the judge with failure to apply the law to the facts.
[36:05.240 --> 36:09.240]  Just like in the other situation we started with.
[36:09.240 --> 36:14.240]  Yes, and in the case when you charge him with failure to apply the law to the facts,
[36:14.240 --> 36:16.240]  that doesn't cover the entire case.
[36:16.240 --> 36:19.240]  That covers a specific instance.
[36:19.240 --> 36:22.240]  So if you fail to do it in several different places,
[36:22.240 --> 36:25.240]  I would say he gets a separate charge for each one.
[36:25.240 --> 36:27.240]  Okay, yeah, okay.
[36:27.240 --> 36:28.240]  That's what I'm asking.
[36:28.240 --> 36:34.240]  Because if I shoot you three times in three different circumstances,
[36:34.240 --> 36:37.240]  that's three different charges.
[36:37.240 --> 36:40.240]  Maybe, maybe not.
[36:40.240 --> 36:43.240]  That may not be the greatest example,
[36:43.240 --> 36:47.240]  but if I shoot you three times,
[36:47.240 --> 36:51.240]  I only get charged once for shooting you.
[36:51.240 --> 36:53.240]  Yeah.
[36:53.240 --> 36:56.240]  Unless I shoot you in three different days.
[36:56.240 --> 36:59.240]  Yeah, yeah, three different days, maybe.
[36:59.240 --> 37:00.240]  Okay.
[37:00.240 --> 37:01.240]  See, that's what I was asking.
[37:01.240 --> 37:05.240]  That's why this is totally different from what you thought I was saying.
[37:05.240 --> 37:08.240]  What you thought I was asking, it's not what I was asking.
[37:08.240 --> 37:10.240]  I think you can see it now.
[37:10.240 --> 37:13.240]  Okay, I can see that now.
[37:13.240 --> 37:17.240]  Okay, so now there's two different charges,
[37:17.240 --> 37:19.240]  the same basic thing both done.
[37:19.240 --> 37:20.240]  Is that correct?
[37:20.240 --> 37:21.240]  Yes, yes.
[37:21.240 --> 37:22.240]  So we got it.
[37:22.240 --> 37:23.240]  Thank you very kindly.
[37:23.240 --> 37:25.240]  Thank you for your patience.
[37:25.240 --> 37:26.240]  Believe me.
[37:26.240 --> 37:27.240]  Okay.
[37:27.240 --> 37:28.240]  Thank you, John.
[37:28.240 --> 37:32.240]  Now we're going to go to Ken in New York.
[37:32.240 --> 37:33.240]  Hello, Ken.
[37:33.240 --> 37:37.240]  What do you have for us today?
[37:37.240 --> 37:40.240]  I have a story for you.
[37:40.240 --> 37:44.240]  And I know from these stories in New York,
[37:44.240 --> 37:49.240]  just as an aside that my tax dollars are being well spent
[37:49.240 --> 37:53.240]  trying to prosecute a traffic ticket to death.
[37:53.240 --> 37:57.240]  I think they should have offered John a trip to the Bahamas
[37:57.240 --> 37:59.240]  and just wrote the thing off.
[37:59.240 --> 38:01.240]  It would have been cheaper.
[38:01.240 --> 38:03.240]  No, it wasn't John's ticket.
[38:03.240 --> 38:06.240]  So what they probably would have been best to do
[38:06.240 --> 38:12.240]  is simply had the bailiff grab John and be human to one's consciousness.
[38:12.240 --> 38:17.240]  But then they could have caught me with this ticket.
[38:17.240 --> 38:22.240]  John gets no slack around here.
[38:22.240 --> 38:25.240]  I came across a story that was news last week,
[38:25.240 --> 38:27.240]  but since they could, I wasn't able to get on.
[38:27.240 --> 38:29.240]  Maybe some more people heard of it,
[38:29.240 --> 38:33.240]  but I think it might warm the cockles of your obstruction
[38:33.240 --> 38:36.240]  of justice party of heart.
[38:36.240 --> 38:40.240]  Have you heard of the story in Massachusetts
[38:40.240 --> 38:43.240]  that a district attorney indicted a sitting judge
[38:43.240 --> 38:48.240]  and a court officer on obstruction of justice
[38:48.240 --> 38:53.240]  for letting an illegal alien go where ICE was present in the court
[38:53.240 --> 38:57.240]  and had a warrant for his arrest?
[38:57.240 --> 38:59.240]  I didn't hear about that.
[38:59.240 --> 39:02.240]  Oh, okay.
[39:02.240 --> 39:04.240]  I read this enough where I can give a summary
[39:04.240 --> 39:07.240]  of it without reading the whole article.
[39:07.240 --> 39:10.240]  Massachusetts district court judge and court officer
[39:10.240 --> 39:14.240]  indicted for obstruction of justice.
[39:14.240 --> 39:17.240]  A Shelly M. Richard Joseph of NADIC,
[39:17.240 --> 39:21.240]  Anatic, Massachusetts, pointed in 2017
[39:21.240 --> 39:25.240]  in a Westleaf McGregor 56 Watertown,
[39:25.240 --> 39:29.240]  a former trial court officer since 1993,
[39:29.240 --> 39:33.240]  who indicted on one count of conspiracy to obstruct justice
[39:33.240 --> 39:37.240]  and two accounts of obstruction of justice,
[39:37.240 --> 39:40.240]  colon, aiding and abetting,
[39:40.240 --> 39:45.240]  and the court officer was also charged with one count of perjury.
[39:45.240 --> 39:50.240]  Now, what this involved was that an illegal alien
[39:50.240 --> 39:53.240]  who had been deported twice for drug charges
[39:53.240 --> 39:58.240]  in 2003 and 2007 was again arrested
[39:58.240 --> 40:03.240]  by Newton police in 2018.
[40:03.240 --> 40:06.240]  And ICE had come down to the court
[40:06.240 --> 40:09.240]  and ICE officer in age and a representative
[40:09.240 --> 40:13.240]  would have warrant to take possession of this illegal alien.
[40:13.240 --> 40:16.240]  And what happened was the judge,
[40:16.240 --> 40:19.240]  she ordered him out of the courtroom,
[40:19.240 --> 40:24.240]  made him wait in the hallway at a vestibule or something
[40:24.240 --> 40:27.240]  until a disposition.
[40:27.240 --> 40:32.240]  She had the court trial officer release the defendant
[40:32.240 --> 40:34.240]  and let him out the back door.
[40:34.240 --> 40:36.240]  Wow.
[40:36.240 --> 40:38.240]  Wow.
[40:38.240 --> 40:41.240]  That's pretty blatant.
[40:41.240 --> 40:45.240]  Sure. Yeah, that's about as blatant as it gets.
[40:45.240 --> 40:48.240]  But the fact that the prosecuting,
[40:48.240 --> 40:52.240]  was it a federal prosecutor or a local prosecutor
[40:52.240 --> 40:54.240]  who indicted?
[40:54.240 --> 40:57.240]  It says for immediate release,
[40:57.240 --> 41:00.240]  Department of Justice, U.S. Attorney's Office,
[41:00.240 --> 41:04.240]  District of Massachusetts, Andrew L. Layland.
[41:04.240 --> 41:07.240]  Okay, that makes more sense.
[41:07.240 --> 41:12.240]  It wasn't the local prosecutor who worked with this judge.
[41:12.240 --> 41:15.240]  It was a federal prosecutor.
[41:15.240 --> 41:18.240]  Now, this is very interesting to me
[41:18.240 --> 41:22.240]  because obviously what's been going on lately,
[41:22.240 --> 41:27.240]  somebody sent a message out and this is just my interpretation.
[41:27.240 --> 41:29.240]  You know, if one of you boys,
[41:29.240 --> 41:31.240]  the girls out there can bag me a judge,
[41:31.240 --> 41:37.240]  maybe there's going to be a federal judgeship in this for you.
[41:37.240 --> 41:41.240]  That's my sort of what's a comment on the whole thing.
[41:41.240 --> 41:44.240]  But I think that's a good point.
[41:44.240 --> 41:45.240]  And you know, right now,
[41:45.240 --> 41:50.240]  immigration is a hot issue with the boss,
[41:50.240 --> 41:58.240]  being the head of the executive.
[41:58.240 --> 42:02.240]  The U.S. Attorney works for the executive.
[42:02.240 --> 42:05.240]  So he makes beanies with the executive
[42:05.240 --> 42:10.240]  by hammering a judge for one of these immigration issues.
[42:10.240 --> 42:12.240]  Everything's political.
[42:12.240 --> 42:16.240]  The ultimate question before I read a scolding
[42:16.240 --> 42:22.240]  that the district attorney gave to the indicted parties.
[42:22.240 --> 42:26.240]  Does this have any bearing on what you've been talking about
[42:26.240 --> 42:28.240]  since, as far as I can remember,
[42:28.240 --> 42:34.240]  2007 or 2008 about obstruction of justice charges
[42:34.240 --> 42:37.240]  and primarily their political tactic?
[42:37.240 --> 42:39.240]  Does this add anything to it?
[42:39.240 --> 42:42.240]  Will it be a precedent of some kind?
[42:42.240 --> 42:45.240]  Yeah, I was going to ask you to send me this case
[42:45.240 --> 42:49.240]  because absolutely, this is a judge
[42:49.240 --> 42:53.240]  failing to perform a duty he's required to perform.
[42:53.240 --> 42:57.240]  She or her, okay.
[42:57.240 --> 43:00.240]  This is perfect.
[43:00.240 --> 43:06.240]  This is exactly what we're asking the prosecutors to do
[43:06.240 --> 43:08.240]  and they're refusing to do.
[43:08.240 --> 43:12.240]  She's 51 years old and she was appointed to the court,
[43:12.240 --> 43:17.240]  district court judge in 2017.
[43:17.240 --> 43:19.240]  But the court officer,
[43:19.240 --> 43:22.240]  which I'm not sure what a trial court officer is,
[43:22.240 --> 43:25.240]  maybe he's just a tar baby to one that's at least a handcuff.
[43:25.240 --> 43:29.240]  Yeah, trial court, that's going to be the basis.
[43:29.240 --> 43:32.240]  Okay, well, he's been there since he's been a bailout.
[43:32.240 --> 43:35.240]  It says former trial court officer.
[43:35.240 --> 43:38.240]  So I guess he's been pulled out of his office already.
[43:38.240 --> 43:41.240]  Oh, I hear the music.
[43:41.240 --> 43:44.240]  I think that, okay, let's pick this up on the other side,
[43:44.240 --> 43:46.240]  but I want to talk about the bailout.
[43:46.240 --> 43:48.240]  He's the most interesting one.
[43:48.240 --> 43:50.240]  Randy Kelton, Rural Law Radio,
[43:50.240 --> 43:54.240]  calling number 512-646-1984.
[43:54.240 --> 43:56.240]  We'll be right back.
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[46:26.240 --> 46:29.240]  Okay, we are back.
[46:29.240 --> 46:32.240]  Randy Kelton with ruleoflawradio.
[46:32.240 --> 46:36.240]  And we're talking to Ken in New York.
[46:36.240 --> 46:40.240]  Okay, this is an interesting issue.
[46:40.240 --> 46:44.240]  The one that interests me the most is the bailiff.
[46:44.240 --> 46:47.240]  So that's the court officer.
[46:47.240 --> 46:49.240]  Yes.
[46:49.240 --> 46:52.240]  It's been more than once I've said to a bailiff,
[46:52.240 --> 46:54.240]  Mr. Bailiff, did you hear that?
[46:54.240 --> 46:56.240]  Yes, Mr. Kelton, I did.
[46:56.240 --> 46:59.240]  Arrest that judge.
[46:59.240 --> 47:03.240]  It goes right to that point that it is the duty of the bailiff
[47:03.240 --> 47:06.240]  to keep the peace in the courtroom.
[47:06.240 --> 47:08.240]  And here we have a bailiff
[47:08.240 --> 47:15.240]  that apparently was following the orders of the judge.
[47:15.240 --> 47:22.240]  And the bailiff is prosecuted for following the judge's orders.
[47:22.240 --> 47:24.240]  Along with the judge.
[47:24.240 --> 47:26.240]  Along with the judge.
[47:26.240 --> 47:29.240]  In the case I'm working on in Tennessee,
[47:29.240 --> 47:32.240]  and this is a fight that I wouldn't pick,
[47:32.240 --> 47:38.240]  is I knew they wouldn't let me in the courtroom with my cell phone.
[47:38.240 --> 47:41.240]  So I went to the courtroom with my cell phone
[47:41.240 --> 47:44.240]  and they wouldn't let me go in with it.
[47:44.240 --> 47:46.240]  And I told the bailiff,
[47:46.240 --> 47:50.240]  you know that the courts have ruled that we have the right
[47:50.240 --> 47:53.240]  to take our public officials in the form of the duty.
[47:53.240 --> 47:55.240]  He said, yes, Mr. Kelton, I know that,
[47:55.240 --> 48:01.240]  but I have been ordered by the judge and I have to do what the judge told me.
[48:01.240 --> 48:04.240]  So I went down and put my phone in the car,
[48:04.240 --> 48:07.240]  I come back, they got the door locked.
[48:07.240 --> 48:09.240]  He said, you know, I need to go in the courtroom.
[48:09.240 --> 48:12.240]  He said, oh, the judge told me to lock the door.
[48:12.240 --> 48:14.240]  I said, you know that's illegal,
[48:14.240 --> 48:16.240]  that I have a right to a public court.
[48:16.240 --> 48:18.240]  He said, yes, I know that,
[48:18.240 --> 48:22.240]  but I have to do what the judge told me.
[48:22.240 --> 48:27.240]  And I'm about to take this guy to a grand jury.
[48:27.240 --> 48:31.240]  And this case is perfect.
[48:31.240 --> 48:34.240]  I don't think I've ever heard of a case
[48:34.240 --> 48:37.240]  where the bailiff is cited along with the judge
[48:37.240 --> 48:42.240]  for doing what the judge told him to.
[48:42.240 --> 48:45.240]  Can you send me this case?
[48:45.240 --> 48:48.240]  The perjury came from...
[48:48.240 --> 48:50.240]  On the part of the bailiff?
[48:50.240 --> 48:52.240]  The bailiff, yeah.
[48:52.240 --> 48:54.240]  Even a charge with the perjury.
[48:54.240 --> 48:56.240]  I have no idea.
[48:56.240 --> 48:59.240]  I'll have to read the case to find that out.
[48:59.240 --> 49:03.240]  That may weaken my claim a little bit,
[49:03.240 --> 49:07.240]  but I won't know until I've seen it.
[49:07.240 --> 49:12.240]  What I can do is bring this case up
[49:12.240 --> 49:16.240]  and demonstrate where a bailiff was
[49:16.240 --> 49:20.240]  indicted for acting with the judge.
[49:20.240 --> 49:22.240]  Aiding and abetting.
[49:22.240 --> 49:24.240]  Aiding and abetting, exactly.
[49:24.240 --> 49:28.240]  And that's what the bailiff is doing when a judge
[49:28.240 --> 49:32.240]  fails to properly apply the law to the facts,
[49:32.240 --> 49:35.240]  or like here where the judge
[49:35.240 --> 49:39.240]  directs the bailiff to do something that is illegal,
[49:39.240 --> 49:43.240]  whether the bailiff knows it's illegal or not
[49:43.240 --> 49:48.240]  is not relevant to culpability.
[49:48.240 --> 49:52.240]  The fact that it is irrelevant is illegal
[49:52.240 --> 49:56.240]  and the bailiff performed the act intentionally
[49:56.240 --> 49:59.240]  that's sufficient for culpability.
[49:59.240 --> 50:03.240]  So I want to be able to name the bailiff
[50:03.240 --> 50:08.240]  more than I want to be able to name the judge.
[50:08.240 --> 50:12.240]  So I want to always get the party
[50:12.240 --> 50:16.240]  that the rest of them are going to want to protect.
[50:16.240 --> 50:22.240]  Like I have someone that filed a criminal complaint.
[50:22.240 --> 50:25.240]  No, I'm sorry, filed a request for finding
[50:25.240 --> 50:28.240]  defective conclusions at law.
[50:28.240 --> 50:31.240]  And they have 20, the rules say they shall produce it
[50:31.240 --> 50:33.240]  within 20 days.
[50:33.240 --> 50:36.240]  On the 21st day she filed criminal charges against the judge.
[50:36.240 --> 50:41.240]  And then she filed a notice of late filing 10 days later.
[50:41.240 --> 50:45.240]  And she looked at the record and that document,
[50:45.240 --> 50:50.240]  when she filed with the Fed on the courts for this,
[50:50.240 --> 50:55.240]  the document, the late filing document
[50:55.240 --> 50:57.240]  was no longer in the record
[50:57.240 --> 51:01.240]  and another document was put in its place.
[51:01.240 --> 51:05.240]  So does this sound like something a clerk would do?
[51:05.240 --> 51:11.240]  You know, this sounds like this wouldn't have anything
[51:11.240 --> 51:14.240]  to do with the clerk.
[51:14.240 --> 51:18.240]  So I can't imagine a clerk doing this unless
[51:18.240 --> 51:23.240]  the clerk was directed by the judge to do it.
[51:23.240 --> 51:26.240]  And that's what we think was the case.
[51:26.240 --> 51:28.240]  So she said, what should I do?
[51:28.240 --> 51:32.240]  We'll file against the clerk, of course.
[51:32.240 --> 51:35.240]  The clerk is the one required to keep the record
[51:35.240 --> 51:40.240]  and the clerk is almost certainly either totally innocent
[51:40.240 --> 51:44.240]  or acted at the direction of the judge.
[51:44.240 --> 51:50.240]  So how does the clerk avoid prosecution?
[51:50.240 --> 51:54.240]  She throws the judge under the bus.
[51:54.240 --> 51:58.240]  Say the judge told me to do it.
[51:58.240 --> 52:02.240]  Well, there really is no, there really is,
[52:02.240 --> 52:07.240]  the judge really doesn't have the authority
[52:07.240 --> 52:11.240]  to tell these subordinates what to do
[52:11.240 --> 52:14.240]  when it comes to violating law.
[52:14.240 --> 52:16.240]  Is this the case?
[52:16.240 --> 52:18.240]  That is exactly the case.
[52:18.240 --> 52:22.240]  And in this case, when the case of a clerk,
[52:22.240 --> 52:26.240]  the clerk is a separate elected official
[52:26.240 --> 52:29.240]  and then the case of a bailiff,
[52:29.240 --> 52:32.240]  a bailiff does not work for the courts.
[52:32.240 --> 52:35.240]  In Fort Worth a couple of years ago,
[52:35.240 --> 52:43.240]  the city of Fort Worth tried to get the legislature
[52:43.240 --> 52:46.240]  to pass, I'm sorry, not the city,
[52:46.240 --> 52:50.240]  the district courts and family courts in Fort Worth
[52:50.240 --> 52:53.240]  tried to get the legislature to pass laws
[52:53.240 --> 52:59.240]  that would allow the judges to hire their own bailiffs.
[52:59.240 --> 53:03.240]  And we come ungrewed on them about that.
[53:03.240 --> 53:06.240]  Absolutely not.
[53:06.240 --> 53:10.240]  Because the bailiff works for the sheriff,
[53:10.240 --> 53:13.240]  doesn't work for the judge.
[53:13.240 --> 53:16.240]  And it is the duty of the bailiff
[53:16.240 --> 53:19.240]  to keep the peace in the courtroom.
[53:19.240 --> 53:22.240]  Makes no difference who breaches it.
[53:22.240 --> 53:24.240]  The last thing we want.
[53:24.240 --> 53:26.240]  Following orders of the judge.
[53:26.240 --> 53:28.240]  Wait, say that again?
[53:28.240 --> 53:30.240]  Having nothing to do with following.
[53:30.240 --> 53:33.240]  The chain of command seems to be all wrong.
[53:33.240 --> 53:36.240]  They shouldn't be taking orders
[53:36.240 --> 53:39.240]  or relying on orders from the judge.
[53:39.240 --> 53:41.240]  Exactly.
[53:41.240 --> 53:47.240]  The bailiffs don't realize they are a separate entity.
[53:47.240 --> 53:52.240]  And this case demonstrates that they're a separate entity.
[53:52.240 --> 53:56.240]  If they indicted the bailiff and the judge,
[53:56.240 --> 54:02.240]  this is going to terrify every bailiff in the country.
[54:02.240 --> 54:05.240]  And that's what I was hoping it would attract.
[54:05.240 --> 54:09.240]  Maybe it would cause these people
[54:09.240 --> 54:12.240]  not to so quickly submit to the judges.
[54:12.240 --> 54:17.240]  If the judge is the ultimate authority
[54:17.240 --> 54:19.240]  even inside the court.
[54:19.240 --> 54:24.240]  I'm thinking about human nature.
[54:24.240 --> 54:28.240]  You're a bailiff and you're a peace officer.
[54:28.240 --> 54:34.240]  And you go into court and you got this judge ordering you around all day.
[54:34.240 --> 54:37.240]  I want to remind the bailiffs
[54:37.240 --> 54:41.240]  that you are a separate entity.
[54:41.240 --> 54:46.240]  That there are certain duties you have in the court.
[54:46.240 --> 54:53.240]  Like if the judge orders you to go get a witness,
[54:53.240 --> 54:55.240]  you go out in the hall and get a witness
[54:55.240 --> 54:58.240]  or bring in and accuse and that kind of stuff.
[54:58.240 --> 55:04.240]  But when the judge orders the bailiff to go,
[55:04.240 --> 55:08.240]  when somebody has emotion or something they want to give to the court,
[55:08.240 --> 55:11.240]  and the judge orders the bailiff to go get it,
[55:11.240 --> 55:13.240]  that's not the bailiff's job.
[55:13.240 --> 55:16.240]  He's not a clerk for the judge.
[55:16.240 --> 55:19.240]  He's there to keep the peace.
[55:19.240 --> 55:24.240]  And I want the bailiffs to understand that they are separate.
[55:24.240 --> 55:27.240]  They are not subject to the judge.
[55:27.240 --> 55:29.240]  Right now they think they are.
[55:29.240 --> 55:34.240]  In this case we'll go a long way to demonstrate that.
[55:34.240 --> 55:36.240]  You do what the judge tells you
[55:36.240 --> 55:39.240]  that's wrong, we come after you.
[55:39.240 --> 55:43.240]  We come after you and not the judge has got her own problems in this case,
[55:43.240 --> 55:49.240]  but he's the one that does appear to be the serious charge.
[55:49.240 --> 55:52.240]  And I think the perception here is that
[55:52.240 --> 55:55.240]  if you think in terms of politics,
[55:55.240 --> 55:59.240]  he probably thinks the judge has enough horsepower
[55:59.240 --> 56:02.240]  to get him thrown out of office at some point.
[56:02.240 --> 56:06.240]  Yes, and that's what I like to tell bailiffs
[56:06.240 --> 56:09.240]  when they say they can't arrest a judge.
[56:09.240 --> 56:13.240]  Well, life is filled with little decisions.
[56:13.240 --> 56:16.240]  We all get to make some.
[56:16.240 --> 56:19.240]  Your turn.
[56:19.240 --> 56:22.240]  You want to be staying good with the judge
[56:22.240 --> 56:24.240]  and risk indictment?
[56:24.240 --> 56:26.240]  Your call.
[56:26.240 --> 56:30.240]  Well, if I could just go over the paragraph
[56:30.240 --> 56:36.240]  with the U.S. attorney gets on his high horse and lectures,
[56:36.240 --> 56:41.240]  those are reading the story.
[56:41.240 --> 56:43.240]  Oh, good. I'm going to want to hear this.
[56:43.240 --> 56:46.240]  We're going to get to use this.
[56:46.240 --> 56:48.240]  Oh, great.
[56:48.240 --> 56:51.240]  This case is about the rule of law.
[56:51.240 --> 56:53.240]  Sounds amazing.
[56:53.240 --> 56:55.240]  A little bit.
[56:55.240 --> 56:57.240]  United States Attorney Andrew Welling,
[56:57.240 --> 57:01.240]  the allegations in today's indictment involve obstruction
[57:01.240 --> 57:06.240]  by a sitting judge that is intentional interference
[57:06.240 --> 57:10.240]  with the enforcement of federal law.
[57:10.240 --> 57:13.240]  And that is a crime.
[57:13.240 --> 57:17.240]  We cannot pick and choose the federal laws we follow
[57:17.240 --> 57:22.240]  or use our personal views to justify violating the law.
[57:22.240 --> 57:24.240]  Everyone in the justice system,
[57:24.240 --> 57:29.240]  not just the judges, but law enforcement officers, prosecutors,
[57:29.240 --> 57:33.240]  and defense counsel should be held to a higher standard.
[57:33.240 --> 57:35.240]  Where have I heard that before?
[57:35.240 --> 57:38.240]  The people of Massachusetts.
[57:38.240 --> 57:42.240]  I can't read any more.
[57:42.240 --> 57:44.240]  Oh, you've got to send me this.
[57:44.240 --> 57:48.240]  I will use that word for word.
[57:48.240 --> 57:52.240]  I know, but I've heard you use pieces of this
[57:52.240 --> 58:01.240]  throughout the last, I don't know, 12, 13 years.
[58:01.240 --> 58:04.240]  I will have great fun with this.
[58:04.240 --> 58:07.240]  This may be helpful.
[58:07.240 --> 58:12.240]  If we can take, instead of me telling them this,
[58:12.240 --> 58:18.240]  or get to tell them this from the mouth of a U.S. attorney,
[58:18.240 --> 58:21.240]  that will have much more credence.
[58:21.240 --> 58:26.240]  I think he may have a bright future.
[58:26.240 --> 58:27.240]  Maybe.
[58:27.240 --> 58:33.240]  The question is, did somebody put the word out,
[58:33.240 --> 58:38.240]  or did these guys just kind of use an intuition to say
[58:38.240 --> 58:40.240]  that it's okay to go on things?
[58:40.240 --> 58:42.240]  One thing, when we come back,
[58:42.240 --> 58:44.240]  I'm going to talk about the politics,
[58:44.240 --> 58:47.240]  and this guy may actually have shot himself in the foot.
[58:47.240 --> 58:49.240]  We'll be right back.
[58:49.240 --> 58:52.240]  Would you like to make more definite progress
[58:52.240 --> 58:54.240]  in your walk with God?
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[01:01:09.240 --> 01:01:12.240]  Chapter by chapter, Basic Elements of the Christian Life,
[01:01:12.240 --> 01:01:16.920]  the lawsuit today, requesting that a federal court stop the state from flagging about 95,000
[01:01:16.920 --> 01:01:19.720]  people as potentially illegally registered to vote.
[01:01:19.720 --> 01:01:24.520]  The list was compiled after an 11-month-long investigation by the office of the Texas Secretary
[01:01:24.520 --> 01:01:29.360]  of State and the Texas Department of Public Safety, which sought to identify non-U.S.
[01:01:29.360 --> 01:01:33.240]  citizens who were registered to vote when obtaining H.R. Arbor's license.
[01:01:33.240 --> 01:01:36.920]  Over half of the 95,000 did indeed vote, it seems.
[01:01:36.920 --> 01:01:40.960]  However, further controversy was raised when it became clear that some of the names were
[01:01:40.960 --> 01:01:45.120]  not in fact belonging to those who were non-citizens and registered.
[01:01:45.120 --> 01:01:50.720]  Apparently around 25% of all Latino immigrants become naturalized, gaining the right to vote.
[01:01:50.720 --> 01:01:55.080]  Registered voters who receive letters querying their citizenship have 30 days to respond
[01:01:55.080 --> 01:01:56.880]  with proof of eligibility.
[01:01:56.880 --> 01:02:01.080]  Texas Attorney General Ken Paxton and David Whitley, the Texas Secretary of State, have
[01:02:01.080 --> 01:02:08.840]  yet to officially comment regarding this list and any updates pertaining to it.
[01:02:08.840 --> 01:02:13.960]  A Texas man of only 24 years old, William Brown, died from a severed artery in his neck
[01:02:13.960 --> 01:02:16.760]  after a vape pen exploded while he was using it.
[01:02:16.760 --> 01:02:20.520]  It apparently happened in the parking lot of the vape shop where he got it.
[01:02:20.520 --> 01:02:24.120]  An X-ray revealed that a piece of metal was embedded in his brainstem.
[01:02:24.120 --> 01:02:30.320]  The vape store, Smoke and Vape DZ, has refused to comment.
[01:02:30.320 --> 01:02:35.080]  First edition anchorwoman, Kristen Diaz, interviewed Aislin Campbell, the executive director of
[01:02:35.080 --> 01:02:40.040]  Grow Local, South Texas, concerning the upcoming Texas Organic Farmers and Gardeners Association
[01:02:40.040 --> 01:02:44.400]  conference, which will be taking place at the Corpus Christi Omni Hotel from February
[01:02:44.400 --> 01:02:47.320]  14th to 16th, 6 to 9 p.m.
[01:02:47.320 --> 01:02:50.320]  You can find the interview at kiiitv.com.
[01:02:50.320 --> 01:02:58.320]  This was Rick Brody with your lowdown for February 6th, 2019.
[01:02:58.320 --> 01:03:27.280]  Okay, we are back.
[01:03:27.280 --> 01:03:35.040]  Randy Kelton, Rural Law Radio, and we're talking to Ken in New York and Ken, oh, this is good.
[01:03:35.040 --> 01:03:45.200]  John from New York sent me a link to the article, and I've got this section here.
[01:03:45.200 --> 01:03:50.040]  Massachusetts Attorney General Maura Healy blasted Lelling for the charges saying the
[01:03:50.040 --> 01:03:54.520]  matter could have been handled by the state's Commission on Judicial Conduct and the Trial
[01:03:54.520 --> 01:03:55.520]  Court.
[01:03:55.520 --> 01:03:57.760]  Yeah, that's the way you want to do it.
[01:03:57.760 --> 01:04:04.200]  Today's indictment is a radical and politically motivated attack on our state and the independence
[01:04:04.200 --> 01:04:08.960]  of our courts is absolutely what it should be.
[01:04:08.960 --> 01:04:14.360]  Healy said in a statement, it is a bedrock principle of our constitutional system that
[01:04:14.360 --> 01:04:20.240]  federal prosecutors should not recklessly interfere with the operation of state courts
[01:04:20.240 --> 01:04:23.720]  in their administration of justice.
[01:04:23.720 --> 01:04:27.320]  It is no such thing.
[01:04:27.320 --> 01:04:33.680]  It's a bedrock principle that our federal officials hold our state officials to federal
[01:04:33.680 --> 01:04:40.200]  law, typical word smithing by shishito lawyers.
[01:04:40.200 --> 01:04:45.040]  Okay, sorry, Ken, I thought I, there you go, now you're unmuted.
[01:04:45.040 --> 01:04:52.880]  I have, the release I have is actually from the district attorney's office, so obviously
[01:04:52.880 --> 01:05:00.120]  you wouldn't have the other, you know, the other opinion as to what's going on.
[01:05:00.120 --> 01:05:04.200]  That sounds more like a, you know, a state opinion of what's going on.
[01:05:04.200 --> 01:05:07.560]  Yeah, yeah, this is a short article.
[01:05:07.560 --> 01:05:09.040]  So yours is much better.
[01:05:09.040 --> 01:05:12.600]  No, this is quite long actually.
[01:05:12.600 --> 01:05:23.080]  And then afterwards in another paragraph, the ICE weighs in on it, they say, when we
[01:05:23.080 --> 01:05:29.440]  as officers of the law are confronted with an abuse within our system, we take those
[01:05:29.440 --> 01:05:31.440]  allegations seriously.
[01:05:31.440 --> 01:05:32.440]  Whoa!
[01:05:32.440 --> 01:05:47.000]  Any conduct which serves the underlying trust that causes this commonwealth place in those
[01:05:47.000 --> 01:05:55.720]  who hold positions of power and authority is a stain on all who swear in oath to protect
[01:05:55.720 --> 01:06:03.760]  and serve with honor and integrity, said Peter C. Fitzhugh, special agent in charge U.S.
[01:06:03.760 --> 01:06:06.960]  Immigration and Custom Enforcement Homeland Security.
[01:06:06.960 --> 01:06:10.680]  Oh, I'm going to have to keep his name.
[01:06:10.680 --> 01:06:16.640]  All this raily, mean, righteous indignation, I will look forward to cramming those words
[01:06:16.640 --> 01:06:18.440]  down his throat.
[01:06:18.440 --> 01:06:23.120]  You know, the, the, I think if they really, if they convict these two, they're both going
[01:06:23.120 --> 01:06:30.120]  to get a, uh, they're going to be able to take golf lessons at Allentown, done there.
[01:06:30.120 --> 01:06:37.200]  They're going to have an all-agent state.
[01:06:37.200 --> 01:06:43.720]  This, this argument by the prosecutor, there's an attack on the independence of the judiciary.
[01:06:43.720 --> 01:06:48.840]  There absolutely should be an attack on the independence of the judiciary.
[01:06:48.840 --> 01:06:54.560]  The judiciary should not be independent at all.
[01:06:54.560 --> 01:06:57.840]  They should be tightly bound to code.
[01:06:57.840 --> 01:07:05.840]  And this I've talked about on the air before, I do not want my judge to seek justice.
[01:07:05.840 --> 01:07:09.320]  That's not his job.
[01:07:09.320 --> 01:07:14.240]  Job is to apply the law to the facts, if the legislators place to construct the laws so
[01:07:14.240 --> 01:07:15.800]  that they secure justice.
[01:07:15.800 --> 01:07:21.200]  If they don't, then the legislature gets to change them, not some judge who happened
[01:07:21.200 --> 01:07:24.760]  to have been in a fight with his wife this morning.
[01:07:24.760 --> 01:07:28.600]  There's, there's two accents on the word justice.
[01:07:28.600 --> 01:07:31.600]  It's justice and just us.
[01:07:31.600 --> 01:07:32.600]  Exactly.
[01:07:32.600 --> 01:07:34.120]  So this is going to be great.
[01:07:34.120 --> 01:07:36.680]  I'll get to use this against them.
[01:07:36.680 --> 01:07:40.360]  Can I, I'd like to make another little request.
[01:07:40.360 --> 01:07:45.000]  I've never been able to win your gun draw up because if I didn't want it, it wouldn't
[01:07:45.000 --> 01:07:48.760]  be any good in the People's Republic of New York.
[01:07:48.760 --> 01:07:52.640]  Can I suggest a black powder gun as an alternative?
[01:07:52.640 --> 01:07:54.560]  And I have a particular one in mind.
[01:07:54.560 --> 01:07:57.560]  We'll have to talk to him.
[01:07:57.560 --> 01:07:59.200]  That's a good idea.
[01:07:59.200 --> 01:08:08.080]  I had some friends who used black powder weapons and they had out here in Texas, they had a,
[01:08:08.080 --> 01:08:12.880]  they have shootouts every once in a while and they brought in the National Guard with
[01:08:12.880 --> 01:08:21.280]  their M16s and their, their equipment and these guys were firing against guys with the
[01:08:21.280 --> 01:08:27.760]  black powder weapons and the black powder weapons clean their clocks.
[01:08:27.760 --> 01:08:35.320]  Well, once, once they got past 50 yards, the military's weapons were worthless.
[01:08:35.320 --> 01:08:42.720]  And these guys back the targets up to a hundred yards and just tore these guys up.
[01:08:42.720 --> 01:08:45.160]  These black powder weapons were bad news.
[01:08:45.160 --> 01:08:50.120]  I don't want, I don't want to suggest a 36 caliber squirrel gun.
[01:08:50.120 --> 01:08:57.320]  I'm thinking about a British Brown Bess that's a 72 caliber bore with 79 caliber bore.
[01:08:57.320 --> 01:09:12.360]  Well, even, even a 30, I mean, like, like a 45, a 45 caliber in a ball shot out of a
[01:09:12.360 --> 01:09:17.640]  black powder weapon, the black powder weapon is lower velocity.
[01:09:17.640 --> 01:09:24.080]  When that thing hits you, you will absorb all of the energy that it has.
[01:09:24.080 --> 01:09:31.040]  The M16 hits you at 25 yards, it'll punch a hole through you, the projectiles hot and
[01:09:31.040 --> 01:09:37.240]  fast and spinning and straight and true, it'll knock a hole right through you.
[01:09:37.240 --> 01:09:41.640]  You might be dead, but you won't necessarily know that you're dead.
[01:09:41.640 --> 01:09:46.480]  You get, I shoot you at the same distance with a 45.
[01:09:46.480 --> 01:09:50.560]  You pick you up and throw you about three foot backwards as you land on your head.
[01:09:50.560 --> 01:09:54.760]  It might not have killed you, but it's going to take you down.
[01:09:54.760 --> 01:10:02.240]  And these black, these black powder weapons shooting those huge balls, man, that thing
[01:10:02.240 --> 01:10:04.760]  hits you in the arm and rip your arm off.
[01:10:04.760 --> 01:10:05.760]  Yeah.
[01:10:05.760 --> 01:10:09.760]  Well, I'm wondering what would happen if you could replace, like, you know, I'm one of
[01:10:09.760 --> 01:10:10.760]  those people.
[01:10:10.760 --> 01:10:17.560]  You know, I was thinking about what you were saying earlier about how you don't really
[01:10:17.560 --> 01:10:23.360]  care why something works or you care is that it do or it does work.
[01:10:23.360 --> 01:10:27.600]  And I was wondering what would happen if you replaced, if you had a shortage of lead and
[01:10:27.600 --> 01:10:32.480]  you replaced it with a modern steel ball bearing.
[01:10:32.480 --> 01:10:40.600]  That would not be so good because the steel ball bearing would not deform.
[01:10:40.600 --> 01:10:46.560]  It would tend to punch a hole through you, but especially ball bearings hard, it'd be
[01:10:46.560 --> 01:10:49.920]  slick and it'll slide right through.
[01:10:49.920 --> 01:10:57.800]  You want something softer so that it deforms and couldn't, I got, I'm sorry.
[01:10:57.800 --> 01:10:58.800]  Yeah.
[01:10:58.800 --> 01:11:03.440]  And the thing I'd always liked about black powder, even if, if I shoot at you with a
[01:11:03.440 --> 01:11:08.920]  black powder pistol, even if I miss you.
[01:11:08.920 --> 01:11:16.000]  When I pull that trigger and this three foot of flame belches out the end of this weapon,
[01:11:16.000 --> 01:11:19.840]  I have got your attention.
[01:11:19.840 --> 01:11:21.880]  I think I'll pass on that one.
[01:11:21.880 --> 01:11:28.560]  I was thinking of cracking an engine block and stopping a carload of people.
[01:11:28.560 --> 01:11:33.960]  That would, that would take a pretty good size weapon to do that.
[01:11:33.960 --> 01:11:34.960]  Yeah.
[01:11:34.960 --> 01:11:35.960]  Okay.
[01:11:35.960 --> 01:11:37.560]  With a ball bearing, you'd be more likely to crack the engine block.
[01:11:37.560 --> 01:11:40.600]  You know, we had a killing here in Texas.
[01:11:40.600 --> 01:11:47.200]  A guy chased his girlfriend down the sidewalk and at Valley View Mall, just west of Dallas
[01:11:47.200 --> 01:11:55.320]  and shot her in the back of the head, jumped in his car to drive away and somebody put
[01:11:55.320 --> 01:11:59.000]  a bullet through the door and blew out his femoral artery.
[01:11:59.000 --> 01:12:04.040]  So it went through the door and through his leg from the outside and blew out the artery
[01:12:04.040 --> 01:12:06.360]  on the other side of the leg.
[01:12:06.360 --> 01:12:11.920]  He bled out a few blocks away and for two weeks, the police were asking whoever did
[01:12:11.920 --> 01:12:18.280]  this to come in and bring in their weapon to finally, this Xerox salesman shows up
[01:12:18.280 --> 01:12:22.280]  and hands them the 44 Magnum cannon that he had.
[01:12:22.280 --> 01:12:28.560]  Now, when I heard the story, I thought this guy was trying to kill the engine block, but
[01:12:28.560 --> 01:12:31.920]  he wasn't experienced enough.
[01:12:31.920 --> 01:12:38.600]  He didn't account for acceleration and he hesitated so that when he finally got the
[01:12:38.600 --> 01:12:43.600]  trigger pulled, the engine block had moved out from front of his muzzle and the door
[01:12:43.600 --> 01:12:47.480]  was there and he went through the door and he didn't mean to kill the guy.
[01:12:47.480 --> 01:12:48.680]  So they give it to the police.
[01:12:48.680 --> 01:12:51.600]  The police took it and checked it for ballistics.
[01:12:51.600 --> 01:12:55.600]  They come back and they said, yep, this is the one that killed him, all right.
[01:12:55.600 --> 01:12:58.560]  Gave him the weapon back and sent him home.
[01:12:58.560 --> 01:13:06.240]  It's kind of a bittersweet, unhappy story that had a happy ending.
[01:13:06.240 --> 01:13:13.840]  Well, it indicates how things are somewhat different here in Texas.
[01:13:13.840 --> 01:13:23.040]  If you've never seen the movie, look up the movie of Hell or High Water.
[01:13:23.040 --> 01:13:30.360]  Watch that movie, that will show you what West Texans are about.
[01:13:30.360 --> 01:13:34.600]  I watched that movie and I thought, I know these guys.
[01:13:34.600 --> 01:13:35.960]  I knew all of the places.
[01:13:35.960 --> 01:13:41.880]  I was just out in West Texas, in Coleman, Texas and this is about a couple of bank robbers
[01:13:41.880 --> 01:13:48.200]  and one of the banks they robbed was in Coleman, Texas and they made everybody lay down on
[01:13:48.200 --> 01:13:49.200]  the floor.
[01:13:49.200 --> 01:13:53.600]  They got a cell phone and made a call and when these two guys stepped out of the bank,
[01:13:53.600 --> 01:13:55.760]  they had themselves a gunfight.
[01:13:55.760 --> 01:14:00.880]  They had about a half a dozen rednecks out there with their deer rifles and shotguns
[01:14:00.880 --> 01:14:04.240]  and they had themselves a fight.
[01:14:04.240 --> 01:14:08.800]  But that'll give you a good idea of what these West Texans are about.
[01:14:08.800 --> 01:14:14.760]  It was as true to the character, almost every character in there, I felt like I knew that
[01:14:14.760 --> 01:14:15.760]  person.
[01:14:15.760 --> 01:14:19.840]  Anyway, okay, we have a couple more callers.
[01:14:19.840 --> 01:14:21.520]  Do you have anything else, Ken?
[01:14:21.520 --> 01:14:27.840]  No, but if you can impress on your benefactor there to make a black powder weapon, I think
[01:14:27.840 --> 01:14:33.960]  it could be more inclusive.
[01:14:33.960 --> 01:14:37.160]  That's a very good idea.
[01:14:37.160 --> 01:14:42.760]  I will definitely bring that up with Debra and have him talk to the guy.
[01:14:42.760 --> 01:14:45.760]  Okay, thank you, Ken.
[01:14:45.760 --> 01:14:48.760]  Okay, now we're going to go to Danny in Tennessee.
[01:14:48.760 --> 01:14:51.440]  Danny, did you get your sound working?
[01:14:51.440 --> 01:14:55.440]  I don't know, did I?
[01:14:55.440 --> 01:14:56.440]  Hello.
[01:14:56.440 --> 01:14:57.440]  Just kidding.
[01:14:57.440 --> 01:15:02.440]  Yeah, it's working.
[01:15:02.440 --> 01:15:09.240]  Okay, what did you have for us today?
[01:15:09.240 --> 01:15:20.800]  Well, what I mentioned before was some interference getting some criminal complaints filed in.
[01:15:20.800 --> 01:15:23.560]  Who was interfering?
[01:15:23.560 --> 01:15:25.560]  The clerk of the court.
[01:15:25.560 --> 01:15:26.560]  Okay.
[01:15:26.560 --> 01:15:32.720]  The clerks or some of them can do these.
[01:15:32.720 --> 01:15:39.520]  Wait, are you talking about in Tennessee or Texas?
[01:15:39.520 --> 01:15:41.720]  Tennessee.
[01:15:41.720 --> 01:15:45.280]  Okay.
[01:15:45.280 --> 01:15:50.080]  What does the clerk have to do?
[01:15:50.080 --> 01:15:51.640]  That is a good question.
[01:15:51.640 --> 01:15:52.640]  Hold on.
[01:15:52.640 --> 01:15:56.800]  The clerk is the clerk of the court.
[01:15:56.800 --> 01:16:09.800]  If you file with the magistrate, is the clerk for the magistrate as well as for the court?
[01:16:09.800 --> 01:16:19.040]  Well, one of the rules under this was it's rule three and four kind of relate to this,
[01:16:19.040 --> 01:16:21.800]  the court rule.
[01:16:21.800 --> 01:16:28.440]  It refers to the clerks doing this, but it's kind of telling them also that this is a judicial
[01:16:28.440 --> 01:16:29.440]  function.
[01:16:29.440 --> 01:16:36.600]  And the main rule is talking about like, put the complaint in and issuing a warrant.
[01:16:36.600 --> 01:16:43.240]  But rule four also provide that, well, they could contact the district attorney general
[01:16:43.240 --> 01:16:49.000]  and he could select to do it by summons instead to let it do it that way.
[01:16:49.000 --> 01:16:58.440]  Okay, well, that's most laws allow the magistrate, the district attorney, I don't see where he
[01:16:58.440 --> 01:17:00.280]  has anything to.
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[01:19:18.520 --> 01:19:42.240]  Okay, we are back, Randy Kelton, rule of law radio, and we're talking to Danny in Texas.
[01:19:42.240 --> 01:19:43.240]  Okay.
[01:19:43.240 --> 01:19:44.240]  Thanks.
[01:19:44.240 --> 01:19:53.320]  I don't see, under law, I don't see how the prosecutor has anything to do with a complaint
[01:19:53.320 --> 01:20:00.000]  filed with a magistrate because there is no prosecution yet.
[01:20:00.000 --> 01:20:09.160]  Well, it's not about filing it, it's about what they do with an arrest warrant or a summons.
[01:20:09.160 --> 01:20:19.200]  Well, the only way an arrest warrant or summons can be created is after a preliminary hearing
[01:20:19.200 --> 01:20:26.400]  and a determination of probable cause by a magistrate.
[01:20:26.400 --> 01:20:32.240]  So then the examining trial or the preliminary hearing is already, should by then be a moot
[01:20:32.240 --> 01:20:38.920]  point because it's already been done, and then if there is a determination of probable
[01:20:38.920 --> 01:20:45.320]  cause, now the prosecutor has standing to do to prosecute.
[01:20:45.320 --> 01:20:49.720]  So what were you saying their procedure was?
[01:20:49.720 --> 01:20:59.240]  Okay, I'm getting off of rule three and rule four, the rules of court.
[01:20:59.240 --> 01:21:14.720]  Affidavit of complaint, rule three, and rule four says arrest warrant or summons on a complaint.
[01:21:14.720 --> 01:21:21.560]  But rule three does refer to, you know, some of the clerks can do that, but it says a judicial
[01:21:21.560 --> 01:21:22.560]  function.
[01:21:22.560 --> 01:21:27.440]  Wait, do what is a judicial function?
[01:21:27.440 --> 01:21:37.120]  Take the affidavit of complaint, take the swearing and do the determination.
[01:21:37.120 --> 01:21:40.880]  Can the clerk making, the clerk can do the determination?
[01:21:40.880 --> 01:21:50.040]  That's what it sounds like from what I'm reading here, let's see.
[01:21:50.040 --> 01:21:55.520]  Does Tennessee have a statute that defines who our magistrates?
[01:21:55.520 --> 01:21:57.800]  Yes.
[01:21:57.800 --> 01:22:01.360]  What is it, does it include clerks?
[01:22:01.360 --> 01:22:02.360]  No.
[01:22:02.360 --> 01:22:10.080]  And I can't see any way a clerk can do this.
[01:22:10.080 --> 01:22:22.800]  Well, let me see if I can find where it says this.
[01:22:22.800 --> 01:22:33.200]  Because magistrates have been in law for 800 years and this is a judicial determination.
[01:22:33.200 --> 01:22:37.640]  The clerk is not a judicial officer.
[01:22:37.640 --> 01:22:40.480]  While they are a part of the judiciary, they're not a judicial officer.
[01:22:40.480 --> 01:22:44.480]  They can't make any judicial determinations.
[01:22:44.480 --> 01:22:54.400]  The only thing that I know of a clerk can do is assign a default judgment.
[01:22:54.400 --> 01:23:04.240]  Because they can look in the court record and see on this day a petition was filed.
[01:23:04.240 --> 01:23:13.040]  The defendant had X number of days to respond, most of the time the Monday after the 20th
[01:23:13.040 --> 01:23:17.000]  day, the 21st day.
[01:23:17.000 --> 01:23:22.480]  And she can look in the record and say, this date came and went, there was no response
[01:23:22.480 --> 01:23:25.080]  filed, she can sign a default judgment.
[01:23:25.080 --> 01:23:29.080]  That's the only thing I've ever seen that a clerk could do.
[01:23:29.080 --> 01:23:31.320]  Did you find that yet, Danny?
[01:23:31.320 --> 01:23:41.480]  Yeah, okay, yeah, this is, okay, Rule 4, arrest warrant or someone's on the complaint and
[01:23:41.480 --> 01:23:47.520]  subsection A and number two under it, examination under oath.
[01:23:47.520 --> 01:23:52.040]  Before ruling on a request for a warrant, the magistrate or clerk may examine under
[01:23:52.040 --> 01:23:56.720]  oath the complainant and any witnesses the complainant produces.
[01:23:56.720 --> 01:24:01.800]  Okay, that said, magistrate or clerk.
[01:24:01.800 --> 01:24:02.800]  Right.
[01:24:02.800 --> 01:24:15.800]  Okay, what does Swese say, what says who or how the preliminary hearing is to take place?
[01:24:15.800 --> 01:24:23.000]  Because that's confusing, they said magistrate or clerk.
[01:24:23.000 --> 01:24:30.920]  Oh, that would be wonderful if I can file this complaint with the clerk and hold the
[01:24:30.920 --> 01:24:33.640]  clerk responsible for making this determination.
[01:24:33.640 --> 01:24:41.920]  Yeah, here for the down, he has under form and warrant, the arrest warrant shall be signed
[01:24:41.920 --> 01:24:47.560]  by the magistrate or clerk.
[01:24:47.560 --> 01:24:52.880]  That sure sounds like we need to look up some case law on that.
[01:24:52.880 --> 01:24:58.480]  Oh, it would be so much fun to stick a clerk on that dime.
[01:24:58.480 --> 01:25:06.640]  I was also wondering if, because I think that well, since she did that today, add her to
[01:25:06.640 --> 01:25:15.200]  the list and go to the magistrate Monday with her, with the obstruction of justice on her.
[01:25:15.200 --> 01:25:20.240]  That would be wonderful, because these guys are going to want to protect the clerk.
[01:25:20.240 --> 01:25:26.820]  Yeah, and I think so, and get the gossip running around, there was one of the assistant
[01:25:26.820 --> 01:25:32.040]  clerks or whatever was right there close by, heard everything is one I went to to start
[01:25:32.040 --> 01:25:33.040]  with.
[01:25:33.040 --> 01:25:38.040]  So, put her down, now I don't have a name, I put her down as a witness, so she has to
[01:25:38.040 --> 01:25:49.000]  come in there too, put in the office, and I was wondering, since it says in here this
[01:25:49.000 --> 01:25:56.200]  is judicial function and not just a ministerial one, that they got to be really held, you
[01:25:56.200 --> 01:25:58.560]  know, probable cause here.
[01:25:58.560 --> 01:26:03.560]  Okay, this is, these are court rules.
[01:26:03.560 --> 01:26:11.560]  Is there, have you found any place in the statute, statutes that refer to clerks?
[01:26:11.560 --> 01:26:17.120]  Well, I know there's something, but I don't know anything relevant to this, because I
[01:26:17.120 --> 01:26:18.240]  haven't looked for that yet.
[01:26:18.240 --> 01:26:23.640]  I was looking up about using the, what I was trying to do, what might have been wrong
[01:26:23.640 --> 01:26:26.720]  with it, well, I don't see it's wrong by their court rules.
[01:26:26.720 --> 01:26:37.400]  Well, let's see if the court rules are in paramateria with the statutes, because I've
[01:26:37.400 --> 01:26:44.760]  recently read through the preliminary hearing statutes in Tennessee, and it didn't say anything
[01:26:44.760 --> 01:26:46.760]  about a clerk.
[01:26:46.760 --> 01:26:55.440]  Well, I think this is at the first, get the accused in the court.
[01:26:55.440 --> 01:26:59.200]  Yeah, that's the preliminary hearing.
[01:26:59.200 --> 01:27:07.960]  So how does the clerk get standing to make the determination and signed, this sounds
[01:27:07.960 --> 01:27:11.080]  like something the judges did in their rules.
[01:27:11.080 --> 01:27:20.160]  That's in the rule and it's online, so, oh, that's wonderful, because even if it's wrong
[01:27:20.160 --> 01:27:28.400]  and the clerk does it, the clerk is still criminally liable for impersonating.
[01:27:28.400 --> 01:27:34.400]  If the statute does not authorize the clerk to do this, the judge cannot authorize the
[01:27:34.400 --> 01:27:36.440]  clerk to do this.
[01:27:36.440 --> 01:27:45.200]  The constitution authorized the legislature to write law and that law applies to these
[01:27:45.200 --> 01:27:47.960]  judges.
[01:27:47.960 --> 01:27:53.360]  Nothing authorized the judges to delegate, I'm sorry, the legislature could delegated
[01:27:53.360 --> 01:28:02.120]  this authority to preside over cases to the judiciary.
[01:28:02.120 --> 01:28:11.280]  The judiciary does not have power to delegate their authority to a non-judicial officer.
[01:28:11.280 --> 01:28:14.760]  Not in any state I've ever seen.
[01:28:14.760 --> 01:28:21.800]  So this sounds like the judges have tried to ease their burden by pushing the duty off
[01:28:21.800 --> 01:28:25.640]  on the clerk who has no power to perform that duty.
[01:28:25.640 --> 01:28:37.000]  If it's in the rules, oh, this will be a great one, I'll take my complaints to the clerk
[01:28:37.000 --> 01:28:39.400]  and ask her to act in accordance with these rules.
[01:28:39.400 --> 01:28:45.040]  I hope these rules are established by the Tennessee Supreme and so that I will check
[01:28:45.040 --> 01:28:47.400]  them to the rules of court tomorrow.
[01:28:47.400 --> 01:28:51.680]  If that's the case, I'll go put the district clerk on the dime.
[01:28:51.680 --> 01:29:00.360]  Yeah, right here it says the Tennessee administrative office of the courts in rule four.
[01:29:00.360 --> 01:29:06.640]  Oh, wonderful, so those are state rules, oh good.
[01:29:06.640 --> 01:29:13.760]  So we get to test those rules and put the clerk on this dime and then when the clerk
[01:29:13.760 --> 01:29:24.720]  exercises this authority, we accuse the clerk of impersonating.
[01:29:24.720 --> 01:29:30.960]  How do the courts say, oh, it's okay because we said they could?
[01:29:30.960 --> 01:29:37.800]  And then we're going to ask the courts to say, where did you get the power to delegate?
[01:29:37.800 --> 01:29:46.240]  Oh, that's going to be so much fun.
[01:29:46.240 --> 01:29:53.840]  Are you tied up all week because I might want to go back in and hammer these guys.
[01:29:53.840 --> 01:29:58.160]  Hang on, we'll be right back about the break.
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[01:30:13.520 --> 01:30:16.760]  tattoo recognition in a moment.
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[01:30:22.080 --> 01:30:27.080]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
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[01:33:28.680 --> 01:33:36.960]  Okay, we are back, Randy Kelton, Rule of Law Radio, and we're talking to Danny in Tennessee.
[01:33:36.960 --> 01:33:47.960]  I'd like this idea to be able to put the clerk on a dime this way.
[01:33:47.960 --> 01:33:58.520]  I may need you to come up and be a witness because I don't want him doing anything stupid.
[01:33:58.520 --> 01:34:07.920]  They're less likely to do something stupid if they've got somebody watching them.
[01:34:07.920 --> 01:34:09.920]  Would you be willing to do that?
[01:34:09.920 --> 01:34:18.160]  Yeah, I'm kind of busy through Tuesday, I've got something Wednesday, I'll have to look
[01:34:18.160 --> 01:34:19.160]  at it.
[01:34:19.160 --> 01:34:24.760]  I'll have to tell you a little later, maybe Thursday or Friday.
[01:34:24.760 --> 01:34:28.960]  I've got to head to Tennessee Friday, so maybe Thursday.
[01:34:28.960 --> 01:34:31.960]  Oh, you're not up to it?
[01:34:31.960 --> 01:34:36.400]  No, I'm sorry, Texas, I've got to go back to Texas.
[01:34:36.400 --> 01:34:45.760]  My son is getting his PhD on the 11th, so I need to be in Texas, and the 10th is Friday.
[01:34:45.760 --> 01:34:51.600]  Oh, what's his area he's got his degree in?
[01:34:51.600 --> 01:35:01.200]  Social science, he sent me an email and said that he went into a room with five people
[01:35:01.200 --> 01:35:09.520]  who knew more about his subject than anyone else on planet Earth, and he wiped the floor
[01:35:09.520 --> 01:35:11.520]  with him.
[01:35:11.520 --> 01:35:17.840]  He was really proud, he was a little frustrated that it didn't last longer because he really
[01:35:17.840 --> 01:35:19.320]  enjoyed it.
[01:35:19.320 --> 01:35:28.600]  And he said the most important thing that he had to know was when to tell all these people
[01:35:28.600 --> 01:35:37.320]  I don't know, most people that get into these when they don't know something they get frustrated.
[01:35:37.320 --> 01:35:43.200]  And he said the most important thing is to know what you know as opposed to what you
[01:35:43.200 --> 01:35:48.840]  think, and you need to know when to tell them I don't know.
[01:35:48.840 --> 01:35:54.320]  But he did really good, he was really pleased, and that's good because now when I get older,
[01:35:54.320 --> 01:36:01.000]  oh wait, I am old, and when I get older he'll be able to afford to hire somebody to wipe
[01:36:01.000 --> 01:36:04.120]  the slobber off my chin.
[01:36:04.120 --> 01:36:10.360]  But anyway, so I have to be back next week, this is something I will not miss.
[01:36:10.360 --> 01:36:12.360]  Yeah, I can imagine.
[01:36:12.360 --> 01:36:22.760]  I had an exam like that too, and my professor told me, he gave me two pieces of advice going
[01:36:22.760 --> 01:36:28.840]  into it, something about not knowing might have been one, but instead of saying the necessary
[01:36:28.840 --> 01:36:33.120]  things you don't know, he said if they ask you questions you don't know the answer to
[01:36:33.120 --> 01:36:38.240]  answer another question, a different question, so they can say that you know something even
[01:36:38.240 --> 01:36:40.760]  if you didn't know the one they asked.
[01:36:40.760 --> 01:36:51.120]  Well, this was a little bit different because it's in such a highly focused specific field,
[01:36:51.120 --> 01:36:56.880]  and they're right on the edge of what is known.
[01:36:56.880 --> 01:37:03.080]  So he had to be able to tell them this is what is known, and this is what we don't know
[01:37:03.080 --> 01:37:08.560]  yet, and he had to be able to define the difference.
[01:37:08.560 --> 01:37:15.360]  So I understood the position, but it had to be fun to know that you're standing in a room
[01:37:15.360 --> 01:37:22.320]  with the most knowledgeable people on earth on your subject, and you can hold your own
[01:37:22.320 --> 01:37:25.600]  with them.
[01:37:25.600 --> 01:37:32.920]  It's kind of like what I feel when I go into these courts and deal with these judges and
[01:37:32.920 --> 01:37:44.760]  prosecutors and police that these chumps are out of their league, that is so much fun.
[01:37:44.760 --> 01:37:51.560]  But anyway, back to this clerk idea, this is wonderful, and it looked like Danny dropped
[01:37:51.560 --> 01:38:01.320]  off again, so anyway, this is a great idea, because if you can put the clerk on the dime,
[01:38:01.320 --> 01:38:07.720]  the clerk is the one person in the courtroom who never really gets involved in anything,
[01:38:07.720 --> 01:38:12.240]  and she just does what everybody tells them, and everybody always feels like they have
[01:38:12.240 --> 01:38:14.000]  to protect the clerk.
[01:38:14.000 --> 01:38:17.800]  Oh, okay, he's back.
[01:38:17.800 --> 01:38:21.480]  Let's see, there you go.
[01:38:21.480 --> 01:38:23.040]  You're back, Danny.
[01:38:23.040 --> 01:38:24.040]  Yeah.
[01:38:24.040 --> 01:38:31.240]  Okay, I'm thinking the clerk is the one person everybody wants to protect, and if we've
[01:38:31.240 --> 01:38:35.960]  filed against the clerk, everybody's going to be hopping up and down.
[01:38:35.960 --> 01:38:42.560]  This is not something they can ignore, because they can't let the clerk be dragged through
[01:38:42.560 --> 01:38:43.560]  the court.
[01:38:43.560 --> 01:38:47.000]  They've got to protect the clerk.
[01:38:47.000 --> 01:38:55.200]  So who throws themselves under the bus to protect the clerk?
[01:38:55.200 --> 01:39:01.960]  But the clerk's not a lawyer, the clerk only does what she's told to do by somebody who
[01:39:01.960 --> 01:39:08.240]  is a lawyer, and that will give the clerk plausible deniability, but in order to secure
[01:39:08.240 --> 01:39:18.520]  plausible deniability, she has to throw somebody under the bus.
[01:39:18.520 --> 01:39:23.320]  This is the politics that I like.
[01:39:23.320 --> 01:39:34.440]  We figure out how their little internal click works, and then use their click against them.
[01:39:34.440 --> 01:39:35.600]  This is going to be good.
[01:39:35.600 --> 01:39:36.840]  Thank you, Danny.
[01:39:36.840 --> 01:39:41.320]  Can you send me a link to these rules?
[01:39:41.320 --> 01:39:42.320]  Yeah.
[01:39:42.320 --> 01:39:49.560]  Before I go back down and talk to them, I'm definitely going to want to see them.
[01:39:49.560 --> 01:39:54.920]  What I'm going to do, I'm going to take down tomorrow, I'm going to take a request to the
[01:39:54.920 --> 01:39:58.360]  county mayor for all of their insurance information.
[01:39:58.360 --> 01:40:03.200]  Well, I don't think tomorrow you're going to do it.
[01:40:03.200 --> 01:40:06.200]  Oh, I'm sorry, Monday.
[01:40:06.200 --> 01:40:08.200]  Yeah, okay.
[01:40:08.200 --> 01:40:16.720]  Monday, I'll do that, and that will give the word out, you know, they know that I went
[01:40:16.720 --> 01:40:21.560]  down and deliberately set them up.
[01:40:21.560 --> 01:40:29.200]  When this captain put his hands on me and pulled me away from the court and turned me around,
[01:40:29.200 --> 01:40:32.960]  showed me in the other direction, I turned around and looked at him and said, you put
[01:40:32.960 --> 01:40:34.440]  your hands on me.
[01:40:34.440 --> 01:40:37.240]  Well, you're not going into that courtroom.
[01:40:37.240 --> 01:40:43.280]  I know, but you touched me.
[01:40:43.280 --> 01:40:47.720]  They recognized me immediately.
[01:40:47.720 --> 01:40:51.560]  You could see it in the captain's face.
[01:40:51.560 --> 01:40:56.120]  It was clear he knew, this guy just set me up for that.
[01:40:56.120 --> 01:41:01.280]  So they're thinking I'm setting them up, and I literally told the judge that that's exactly
[01:41:01.280 --> 01:41:03.360]  what I was doing.
[01:41:03.360 --> 01:41:11.120]  So now when I go to the county mayor and ask for the bonding insurance on each one of them,
[01:41:11.120 --> 01:41:16.080]  they're all going to think that I came in there and deliberately set them up so that
[01:41:16.080 --> 01:41:20.640]  I could sue them against their bonds.
[01:41:20.640 --> 01:41:25.840]  How do they defend against that?
[01:41:25.840 --> 01:41:36.040]  And assume against their bonds for following policy, I get them in a double bind.
[01:41:36.040 --> 01:41:41.800]  And if we're going to get these guys to follow law, this is how we're going to do it.
[01:41:41.800 --> 01:41:47.080]  These guys are going to be really upset with their bosses, because their bosses ordered
[01:41:47.080 --> 01:41:53.640]  them to do things that they're now getting professional conduct complaints against them
[01:41:53.640 --> 01:41:57.120]  and sued against their bonds.
[01:41:57.120 --> 01:42:02.880]  So we're damaging their careers just to get us lots of politics.
[01:42:02.880 --> 01:42:03.880]  Okay.
[01:42:03.880 --> 01:42:06.600]  Do you have anything else for us, Danny?
[01:42:06.600 --> 01:42:11.160]  Well, just now, if you've got somebody else waiting, I'll let you go.
[01:42:11.160 --> 01:42:12.160]  Okay, I do.
[01:42:12.160 --> 01:42:16.560]  But if you have any other questions or comments, we've got three segments and only got one
[01:42:16.560 --> 01:42:17.560]  caller.
[01:42:17.560 --> 01:42:22.400]  And this is Shane from New York, and it generally doesn't take a long time.
[01:42:22.400 --> 01:42:27.120]  Well, I was a big part of the new member a while back.
[01:42:27.120 --> 01:42:34.440]  I sent you the things about the definition of vehicle and analyzing that in the two ways
[01:42:34.440 --> 01:42:42.440]  that a car or whatever takes on a legal status of vehicle, but that's what I think the word
[01:42:42.440 --> 01:42:49.040]  really, the term really means is that legal status is not a fundamental property.
[01:42:49.040 --> 01:42:50.040]  Okay.
[01:42:50.040 --> 01:42:56.840]  We had, after the show last night, Deborah has worked with Harman Taylor.
[01:42:56.840 --> 01:42:59.840]  He's a really interesting guy.
[01:42:59.840 --> 01:43:01.080]  He's an ex-lawyer.
[01:43:01.080 --> 01:43:06.440]  He gave, he turned in his bar card and discussed.
[01:43:06.440 --> 01:43:14.640]  And he's, what he's saying is this is, we're actually arguing the wrong issue.
[01:43:14.640 --> 01:43:20.760]  The real issue goes to the title on the vehicle.
[01:43:20.760 --> 01:43:28.040]  The title on the vehicle is what binds us in to all of these, to the, to the transportation
[01:43:28.040 --> 01:43:37.240]  code and the, what else, the, I'm not sure exactly how to say this, but it is the title
[01:43:37.240 --> 01:43:44.800]  that brings the car, that the title actually is a lien that the state has against the car.
[01:43:44.800 --> 01:43:47.720]  And that brings it into the commercial realm.
[01:43:47.720 --> 01:43:53.840]  He's saying that we've been arguing the wrong arguments about transportation, transportation
[01:43:53.840 --> 01:43:56.240]  is not the issue.
[01:43:56.240 --> 01:44:00.640]  That title is the issue.
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[01:46:24.400 --> 01:46:30.960]  Okay, we are back.
[01:46:30.960 --> 01:46:35.160]  Randy Kelton, rule of law radio, and we're talking to Danny in Tennessee.
[01:46:35.160 --> 01:46:37.160]  Okay, Danny.
[01:46:37.160 --> 01:46:40.680]  Yeah, well, that's what you're talking about the title.
[01:46:40.680 --> 01:46:44.560]  I'm kind of working on getting into something about that too.
[01:46:44.560 --> 01:46:52.560]  In my case, while I was looking through things, I came across this little section in the criminal
[01:46:52.560 --> 01:47:02.480]  procedure, it's 40-13-204, and it's talking about the form and sufficiency of indictments
[01:47:02.480 --> 01:47:08.600]  and says, presumptions of law and matters of which judicial notice is taken need not
[01:47:08.600 --> 01:47:11.360]  be stated.
[01:47:11.360 --> 01:47:17.000]  And so I've got a motion in for them to tell me what those presumptions are and what things
[01:47:17.000 --> 01:47:23.280]  there have not been stated because I'm disadvantaged for not being in the profession where that's
[01:47:23.280 --> 01:47:27.680]  been revealed.
[01:47:27.680 --> 01:47:36.480]  And I think that goes partly to the title because it's like presuming you're the trustee
[01:47:36.480 --> 01:47:42.480]  and the car is in the trust and you're the legal owner and they're the beneficial owner
[01:47:42.480 --> 01:47:49.080]  because scattered through the transportation code and imagine other places that refers
[01:47:49.080 --> 01:47:54.400]  to the legal owner about any other level of ownership.
[01:47:54.400 --> 01:48:02.160]  And you look up about trustee, they're the owner, they're the legal owners of the property
[01:48:02.160 --> 01:48:03.160]  and the trust.
[01:48:03.160 --> 01:48:09.400]  Okay, well, they're the holder of legal title, the beneficiary is the holder of equitable
[01:48:09.400 --> 01:48:10.400]  title.
[01:48:10.400 --> 01:48:11.400]  Right.
[01:48:11.400 --> 01:48:23.920]  Yeah, I'm in a position now where I have someone in West Texas that owns about 90 properties
[01:48:23.920 --> 01:48:33.120]  and I checked the court record and there are eight warranty deeds in the record.
[01:48:33.120 --> 01:48:36.440]  What the heck?
[01:48:36.440 --> 01:48:43.880]  We are looking at the mortgages, there are deeds of trust, I think there are 18 deeds
[01:48:43.880 --> 01:48:56.240]  of trust and each of the deeds of trust lists on the order of 20 properties and the properties
[01:48:56.240 --> 01:49:01.440]  are listed on multiple deeds of trust.
[01:49:01.440 --> 01:49:10.640]  When he filed, he's trying to force this guy into bankruptcy, the banker filed a notice
[01:49:10.640 --> 01:49:21.760]  of acceleration and it lists as the security various deeds of trust.
[01:49:21.760 --> 01:49:32.800]  The one thing I can't find is there are eight warranty deeds in the record.
[01:49:32.800 --> 01:49:39.040]  He's got all of these properties and there are no warranty deeds in the record.
[01:49:39.040 --> 01:49:49.280]  Now it was the title company that had the duty to file the warranty deed in the record.
[01:49:49.280 --> 01:49:57.800]  So why would they not file it?
[01:49:57.800 --> 01:49:59.680]  I can't figure that one out.
[01:49:59.680 --> 01:50:06.400]  I want to say, you know, he got this loan and he bought the property and you never gave
[01:50:06.400 --> 01:50:07.960]  him ownership of the property.
[01:50:07.960 --> 01:50:13.200]  You're never going to say, well, you've got the property, you're renting it out, you're
[01:50:13.200 --> 01:50:16.920]  collecting rent on it.
[01:50:16.920 --> 01:50:20.800]  So what's your problem?
[01:50:20.800 --> 01:50:25.360]  What is the problem?
[01:50:25.360 --> 01:50:30.160]  I can see something that is a potential problem.
[01:50:30.160 --> 01:50:38.680]  The last person to receive a warranty deed for the property can come in and file a claim,
[01:50:38.680 --> 01:50:44.280]  if you can file a deed of trust.
[01:50:44.280 --> 01:50:51.920]  And then this guy who's paying for the property, he has no standing because he has no warranty
[01:50:51.920 --> 01:50:53.880]  deed.
[01:50:53.880 --> 01:50:57.760]  But this hasn't happened.
[01:50:57.760 --> 01:51:11.960]  So how do I craft a complaint for no warranty deeds in the record?
[01:51:11.960 --> 01:51:14.800]  He hasn't been harmed by it.
[01:51:14.800 --> 01:51:20.080]  Can I craft a complaint for potential harm?
[01:51:20.080 --> 01:51:32.280]  Or do I need to get a lien filed against one of these properties?
[01:51:32.280 --> 01:51:35.080]  I don't know how to argue this issue.
[01:51:35.080 --> 01:51:37.240]  Got any idea, Danny?
[01:51:37.240 --> 01:51:42.960]  No, I'm not right off the time's about out, so I don't try to get the last one waiting
[01:51:42.960 --> 01:51:43.960]  there.
[01:51:43.960 --> 01:51:44.960]  Okay, I was, okay.
[01:51:44.960 --> 01:51:45.960]  Oh, is this late?
[01:51:45.960 --> 01:51:46.960]  Oh my goodness.
[01:51:46.960 --> 01:51:47.960]  Okay.
[01:51:47.960 --> 01:51:48.960]  Thank you, Danny.
[01:51:48.960 --> 01:51:53.960]  It's later than I thought it was.
[01:51:53.960 --> 01:51:57.480]  Shane, I'm sorry, I got later than I intended.
[01:51:57.480 --> 01:51:58.480]  Oops.
[01:51:58.480 --> 01:51:59.480]  There we go.
[01:51:59.480 --> 01:52:00.480]  Okay, go ahead, Shane.
[01:52:00.480 --> 01:52:01.480]  How are you, Randy?
[01:52:01.480 --> 01:52:02.480]  How you doing?
[01:52:02.480 --> 01:52:03.480]  I'm doing good.
[01:52:03.480 --> 01:52:04.480]  I'm running late.
[01:52:04.480 --> 01:52:12.200]  I know, I had some very interesting things to tell you.
[01:52:12.200 --> 01:52:16.640]  I'll try to make it real quick and to the point.
[01:52:16.640 --> 01:52:22.480]  We had April 1st, 2019, a list of the state was granted so they could resume for closure
[01:52:22.480 --> 01:52:23.480]  proceedings.
[01:52:23.480 --> 01:52:34.280]  We got the notice of appeal properly filed, and that is all in, and the fee has been
[01:52:34.280 --> 01:52:40.560]  paid, and that's been docketed as of last Friday, and I think the appeal has to be,
[01:52:40.560 --> 01:52:43.920]  or the brief has to be filed within 30 days after you filed the notice of appeal.
[01:52:43.920 --> 01:52:45.920]  This is regarding the list.
[01:52:45.920 --> 01:52:46.920]  30 days?
[01:52:46.920 --> 01:52:51.640]  Check, that's June 16th to 19th.
[01:52:51.640 --> 01:52:57.040]  Yeah, 30 days, they respond within 30 days, and then after that you have 14 days to respond
[01:52:57.040 --> 01:52:58.680]  to that, and then I set it up for hearing.
[01:52:58.680 --> 01:52:59.680]  That's just written in the list.
[01:52:59.680 --> 01:53:08.080]  Wait a minute, check your rules, are you talking about rules of court or appellate rules?
[01:53:08.080 --> 01:53:10.680]  The appellate panel for bankruptcy.
[01:53:10.680 --> 01:53:14.680]  Oh, okay, because that's unusual.
[01:53:14.680 --> 01:53:19.680]  I was thinking, June on an appeal, an appeal is a much...
[01:53:19.680 --> 01:53:24.480]  Yeah, the second circuit does not have a appellate court for bankruptcy, so everything goes right
[01:53:24.480 --> 01:53:28.480]  to the district court.
[01:53:28.480 --> 01:53:34.960]  In the meantime, we had a motion for reconsideration that was heard on April 22nd, and that was
[01:53:34.960 --> 01:53:43.320]  denied, and basically he said that you weren't making payments, and he mentioned to them
[01:53:43.320 --> 01:53:48.800]  that this is a junior lien holder on the property, it's unsecured, and it's already
[01:53:48.800 --> 01:53:52.080]  been charged off, and we have an affidavit to that.
[01:53:52.080 --> 01:53:55.920]  It was charged off like six and a half, maybe seven years ago, Randy, and the judge says,
[01:53:55.920 --> 01:53:58.800]  well, that doesn't matter, you still have an obligation to pay, I don't care if it's
[01:53:58.800 --> 01:54:00.480]  charged off or not, you guys still pay that.
[01:54:00.480 --> 01:54:02.040]  I think he's right.
[01:54:02.040 --> 01:54:03.680]  I thought that...
[01:54:03.680 --> 01:54:08.480]  The charge off only goes to the lender's taxes.
[01:54:08.480 --> 01:54:21.200]  Okay, and another thing I want to tell you is the objections was heard on April the 8th,
[01:54:21.200 --> 01:54:25.360]  but one thing I wanted to tell you, this is going back to the first lien holder, because
[01:54:25.360 --> 01:54:27.480]  there's two mortgages in bankruptcy.
[01:54:27.480 --> 01:54:31.040]  The taxes are a whole new issue, I'm not going to even get into that right now, that's going
[01:54:31.040 --> 01:54:38.280]  to be heard this week, but the judge told the attorney representing the first lien holder,
[01:54:38.280 --> 01:54:44.360]  which is HSBC Federal National Mortgage Association regarding her lost note affidavit pursuant
[01:54:44.360 --> 01:54:50.240]  to UCC804, UCC3804, that I would not rule in your favor.
[01:54:50.240 --> 01:54:55.560]  He told Mr. Chatman, the attorney representing the Federal National Mortgage Association,
[01:54:55.560 --> 01:55:01.560]  I cannot rule in your favor on that, but unfortunately, it's not even in the objection, but he did
[01:55:01.560 --> 01:55:07.240]  say it was troublesome, that you guys not attach a bond to the lost note affidavit, please
[01:55:07.240 --> 01:55:10.800]  explain to me why you didn't attach a bond.
[01:55:10.800 --> 01:55:14.840]  So he had no answer for it, he says, well, maybe that will be resurrected regarding the
[01:55:14.840 --> 01:55:20.120]  adversary proceedings, which was served, and nobody's answered it, but it's not due until
[01:55:20.120 --> 01:55:25.000]  the 12th of May anyway, so we had to allow the adversary proceeding that we checked.
[01:55:25.000 --> 01:55:28.760]  It sounds like the judge is instructing you.
[01:55:28.760 --> 01:55:33.360]  Well, it was pretty interesting, because the transcripts, I just got done reading them
[01:55:33.360 --> 01:55:39.400]  before I called you, and he clearly states that, you know, I can't rule in your favor,
[01:55:39.400 --> 01:55:45.920]  it's not even in the objection, so I can't really address it at this point.
[01:55:45.920 --> 01:55:51.120]  I've never heard a judge do that before, so it's quite interesting.
[01:55:51.120 --> 01:56:00.960]  He's trying to tell you to do something, then you need to file an opposition against, you
[01:56:00.960 --> 01:56:04.880]  need to oppose what they didn't address.
[01:56:04.880 --> 01:56:10.920]  Right, and that'll be brought up in the proceedings, but the judge says right here, I just want
[01:56:10.920 --> 01:56:14.160]  to read one thing to you, because we're coming close to the end here.
[01:56:14.160 --> 01:56:22.520]  This is back on April the 22nd, he goes here at the last page, he says, what I have in
[01:56:22.520 --> 01:56:27.360]  front of me are three narrow motions filed, both objections for the first lean holder
[01:56:27.360 --> 01:56:30.000]  and second lean holder, and the motion is strike.
[01:56:30.000 --> 01:56:35.360]  I'm denying all three of these, but they can be resurrected again through the adversary
[01:56:35.360 --> 01:56:41.800]  proceedings, I'm not ruling on that because I haven't seen the adversary proceedings yet.
[01:56:41.800 --> 01:56:46.240]  And but he did say I'm really struggling to address that which appears to be a mandatory
[01:56:46.240 --> 01:56:52.360]  language in the Uniform Commercial Code, UCC-3804, and he says, and if this was a case where
[01:56:52.360 --> 01:56:58.040]  the debtor was paying and the trustee was making distributions, we might need some appropriate
[01:56:58.040 --> 01:57:00.440]  level of bond, that's all I'm saying.
[01:57:00.440 --> 01:57:03.840]  That's the judge talking to Mr. Chatwin, the attorney representing the Federal National
[01:57:03.840 --> 01:57:10.800]  Mortgage Association, which by the way, he does not have a power of attorney from the
[01:57:10.800 --> 01:57:16.440]  Federal National Mortgage Association, and the brand new servicer which is Mr. Cooper,
[01:57:16.440 --> 01:57:21.120]  and Mr. Cooper does not have a power of attorney assigned to that law firm up in Rochester,
[01:57:21.120 --> 01:57:25.720]  New York, and that attorney representing is Mr. Chatwin, and he, that was the same attorney
[01:57:25.720 --> 01:57:30.400]  from two months ago, that asked the judge to have us remove all the information from
[01:57:30.400 --> 01:57:34.960]  YouTube and Facebook about how he's corrupt to the core, and he's moving forward with
[01:57:34.960 --> 01:57:41.000]  no standing, and the judge denied that request, it was a verbal motion.
[01:57:41.000 --> 01:57:48.840]  Okay, that's a little rat, Randy.
[01:57:48.840 --> 01:57:52.640]  I'm losing track of where to step in here.
[01:57:52.640 --> 01:57:59.000]  What is, okay, what's the current amount of time, and I should have given you more time,
[01:57:59.000 --> 01:58:07.280]  and I do apologize for that, Danny brought up a really interesting issue, and I haven't
[01:58:07.280 --> 01:58:10.200]  had time to address yours.
[01:58:10.200 --> 01:58:14.400]  If you call in next week, I'll bring you up early, because I do want to go through this
[01:58:14.400 --> 01:58:18.280]  in a way that I can have time to kind of get my head wrapped around it.
[01:58:18.280 --> 01:58:23.080]  Okay, yeah, there's some more stuff I haven't even told you yet.
[01:58:23.080 --> 01:58:29.720]  Okay, call in next week, and I will take you, call in earlier if you can, and I'll take
[01:58:29.720 --> 01:58:33.240]  you a lot sooner, because we've got a lot of stuff we can talk about on yours.
[01:58:33.240 --> 01:58:37.160]  Oh, yeah, you should hear the other stuff I was ready to tell you, but we'll have to
[01:58:37.160 --> 01:58:38.160]  say that for next week.
[01:58:38.160 --> 01:58:42.200]  Okay, thank you Shane, and thank you for being patient with me.
[01:58:42.200 --> 01:58:50.640]  We're out of time, thank you all for listening, we'll be back next week, and good night.
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