[00:00.000 --> 00:06.760]  The following news flash is brought to you by the Lone Star Lowdown.
[00:06.760 --> 00:13.160]  Markets for Monday the 22nd of July 2019 open with Precious Metals, Gold $1,429 an ounce,
[00:13.160 --> 00:21.440]  Silver $16.45 an ounce, Copper $2.75 an ounce, Oil Texas Crude $55.63 a barrel, Brent Crude
[00:21.440 --> 00:29.960]  $62.47 a barrel, and Cryptos in order of Market Cap, Bitcoin Core $10,566.52, Ethereum $2.00
[00:29.960 --> 00:41.320]  $227.26, XRP Ripple $0.33, Litecoin $1.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:41.320 --> 00:52.520]  Jane History the year 1916 the preparedness day bombing a time suitcase bomb was detonated on
[00:52.520 --> 00:58.280]  Market Street in San Francisco during the World War I preparedness day parade killing 10 and
[00:58.280 --> 01:07.400]  entering 40 today in history. In recent news since Governor Greg Abbott signed House Bill
[01:07.400 --> 01:13.080]  1325 legalizing Hempett attacks his law back in June County prosecutors around the state including
[01:13.080 --> 01:17.800]  Houston, Austin and San Antonio have been dropping marijuana possession charges and even refusing
[01:17.800 --> 01:22.280]  to file new ones since they are stipulating that they do not have the time or the laboratory
[01:22.280 --> 01:27.520]  equipment to test the earth for THC. Margaret Moore the Travis County District Attorney announced
[01:27.520 --> 01:31.760]  earlier this month that she was dismissing 32 felony possession and delivery of marijuana
[01:31.760 --> 01:36.600]  cases because of the law. Mr. Abbott and other state officials including the Attorney General
[01:36.600 --> 01:40.720]  stipulated in a letter to County District attorneys back on Thursday that marijuana
[01:40.720 --> 01:45.720]  has not been decriminalized in Texas and that these actions demonstrate a misunderstanding
[01:45.720 --> 01:52.440]  of how HB 1325 works as well as other cities too like the District Attorney in El Paso,
[01:52.440 --> 01:57.880]  Kaima Esparza a Democrat who also stated earlier this month that the law quote will not have
[01:57.880 --> 02:03.400]  an effect on the prosecution of marijuana cases in El Paso. However the issue was succinctly
[02:03.400 --> 02:07.960]  summarized by Mr. Brandon Ball an assistant public defender in Harris County who stated
[02:07.960 --> 02:12.200]  that quote the law is constantly changing on what makes something illegal based on its
[02:12.200 --> 02:17.000]  chemical makeup. It's important that if someone is charged with something the test matches
[02:17.000 --> 02:25.760]  what they're charged with. A paper by Tulane University identified a five and a half inch
[02:25.760 --> 02:31.080]  American pocket shark as the first of its kind in the Gulf of Mexico. The specimen being
[02:31.080 --> 02:36.080]  only the second pocket shark ever captured or recorded with the other one being found
[02:36.080 --> 02:41.120]  way back in 1979 in the East Pacific Ocean. According to the university paper the shark
[02:41.120 --> 02:47.520]  secretes a luminous fluid from a gland near its front fins for the purpose it is hypothesized
[02:47.520 --> 02:55.680]  to lure and prey may be drawn into the globe. This is work roadie of your lowdown for July
[02:55.680 --> 03:12.160]  22nd 2019.
[03:12.160 --> 03:34.960]  What you gonna do? What you gonna do? Bad boys, bad boys. What you gonna do? What you gonna
[03:34.960 --> 03:40.960]  What you gonna do when they come for you When you were eight and you had bad dreams
[03:40.960 --> 03:45.960]  You go to school and learn the golden rules So why are you acting like a bloody fool
[03:45.960 --> 03:49.960]  If you get high and your muscles cool Bad boys, bad boys
[03:49.960 --> 03:55.960]  What you gonna do, what you gonna do When they come for you, bad boys, bad boys
[03:55.960 --> 03:59.960]  What you gonna do, what you gonna do When they come for you
[03:59.960 --> 04:07.960]  You choke it on that one, you choke it on this one You choke it on your mother, you choke it on your father
[04:07.960 --> 04:10.960]  You choke it on your sister, you choke it on this one Then you choke it on me
[04:10.960 --> 04:14.960]  Bad boys, bad boys That's what you gonna do, what you gonna do
[04:14.960 --> 04:19.960]  When they come for you, bad boys, bad boys That's what you gonna do, what you gonna do
[04:19.960 --> 04:25.960]  When they come for you, bad boys, bad boys What you gonna do, what you gonna do
[04:25.960 --> 04:48.000]  Okay, howdy howdy Randy Kelton Brett Sultan rule of all radio on this three
[04:48.000 --> 04:57.960]  twenty twenty twenty the 20th day of March 2020 and it was going to start out
[04:57.960 --> 05:01.600]  talking a little more about Wood County and some of the things that are going on
[05:01.600 --> 05:05.880]  but the last night I talked a lot about politics and that's not something I'd
[05:05.880 --> 05:10.400]  like to do a whole lot so I don't want to get too far into politics if I can
[05:10.400 --> 05:14.880]  avoid it I know this coronavirus thing is is hot and everybody will probably
[05:14.880 --> 05:19.680]  want to talk about it let's let's go to Jeff first I don't think he's going to
[05:19.680 --> 05:28.000]  talk about the coronavirus Jeff what do you have for us today good evening Mr.
[05:28.000 --> 05:37.400]  Kelton good evening I'm following up on a call I did about a week ago with my
[05:37.400 --> 05:44.280]  grandson and shut up in Pennsylvania had a little problem with the principal
[05:44.280 --> 05:50.920]  there and a tobacco product found in a pocket in school you recall that at
[05:50.920 --> 06:01.200]  all absolutely I recall that so how is the grandson taking this I think he's
[06:01.200 --> 06:08.280]  doing very well I've tried to take the time to explain to him that's a valuable
[06:08.280 --> 06:13.920]  learning experience he does understand he's a rather respectful young man so I
[06:13.920 --> 06:18.400]  don't think that he's getting the wrong idea that this is going to use a louder
[06:18.400 --> 06:24.600]  not be responsible good that was my concern is this something you want to
[06:24.600 --> 06:31.640]  do his father wants to do is something he wants to do well good question yeah
[06:31.640 --> 06:37.560]  all three of us discussed hello did I hear Brett there yes okay howdy Brett
[06:37.560 --> 06:42.520]  yeah I think it's a a discussion that all three of us have had and it's been
[06:42.520 --> 06:50.240]  asked a couple of several times and he he likes the idea of learning I've tried
[06:50.240 --> 06:56.040]  to really explain how valuable that could be for him how that could make him
[06:56.040 --> 07:00.920]  see that aspect of his life completely different from this point on and it'd be
[07:00.920 --> 07:07.240]  a rare opportunity that somebody his age doesn't normally get and he's he's
[07:07.240 --> 07:15.400]  agreeable to that good good as when you're a parent of a teenager and you're
[07:15.400 --> 07:23.080]  your older I'm sure you know this that you really have to walk on eggshells you
[07:23.080 --> 07:28.120]  have to pay really close attention to your children because they're not going
[07:28.120 --> 07:33.560]  to tell you what they're thinking and you have to pay attention look for the
[07:33.560 --> 07:39.600]  clues to give you an idea of how to do this if he's compliant he will do
[07:39.600 --> 07:44.240]  whatever you want and pretend like he likes it whether he does or not and if
[07:44.240 --> 07:48.080]  he really doesn't like it then it's likely to do more harm than good so
[07:48.080 --> 07:55.160]  that's why I asked that question yeah but if he likes it then it'll be a good
[07:55.160 --> 08:01.400]  civic support and if he has a good set of teachers and most teachers and
[08:01.400 --> 08:08.280]  principals are dedicated and good at what they do the principal will
[08:08.280 --> 08:16.320]  understand and won't take it personal if the principal takes it personal when my
[08:16.320 --> 08:24.480]  kids were going to school they only did that once and we got that fixed my
[08:24.480 --> 08:29.640]  daughter told the superintendent of the schools that something was her right and
[08:29.640 --> 08:35.880]  he told her when you're in this school you don't have any rights that was an
[08:35.880 --> 08:46.520]  oops got that fixed they didn't want me down there ever again but I did call the
[08:46.520 --> 08:51.440]  sheriff and ask him to come out and arrest the school board but I was just
[08:51.440 --> 09:00.240]  joking anyway too long a story won't go into all of it but I only went when the
[09:00.240 --> 09:08.440]  kids asked so I was careful about that and when he told her she didn't have any
[09:08.440 --> 09:15.240]  rights she asked and after that nobody ever thought of her telling her a thing
[09:15.240 --> 09:21.920]  like that yet and I would hope that your child can go through the school and never
[09:21.920 --> 09:28.800]  ever have a teacher say that to him or imply that to him and if he takes the
[09:28.800 --> 09:39.720]  principal on and does so respectfully and in a business-like manner he will
[09:39.720 --> 09:50.640]  understand the power that he has if he if he doesn't conduct himself in a civil
[09:50.640 --> 09:54.240]  manner then he'll find out how I can backfire on it and either one of those
[09:54.240 --> 10:01.840]  would be a good listen okay so where were we in the saga well I just didn't
[10:01.840 --> 10:06.360]  comment there about the principal actually my grandson does I would say
[10:06.360 --> 10:09.840]  seemed to respect and he likes the principal and he said he really didn't
[10:09.840 --> 10:14.280]  care to cause him any particular grief he would have been willing to but I
[10:14.280 --> 10:19.200]  questioned him a little more carefully on that and he said yeah he'd prefer not
[10:19.200 --> 10:22.680]  to really do that and I said well then we don't need to we can set him aside I
[10:22.680 --> 10:28.600]  believe the the district magistrate local district magistrate seems to be
[10:28.600 --> 10:33.200]  giving us plenty of things to work with we don't really have to pick on the
[10:33.200 --> 10:39.280]  principal he was a new he's new I think it's his first year and he's kind of an
[10:39.280 --> 10:47.480]  interim and you might suggest to your grandson that he ask for a meeting with
[10:47.480 --> 10:55.120]  the principal and talk to him about it he was I hated for my children to think
[10:55.120 --> 11:04.040]  that they needed to be protected from the teachers and the principals and we got
[11:04.040 --> 11:10.080]  that part fixed and after an initial little difficulty and what I did my
[11:10.080 --> 11:16.560]  kids didn't see you know I wouldn't did this separate and I told the principal
[11:16.560 --> 11:22.880]  the superintendent this is not to come back to my children they're not to have
[11:22.880 --> 11:30.200]  any reason to treat you or any of the principals with disrespect so we will all
[11:30.200 --> 11:36.040]  be careful not to contaminate the children yes mr. Kelvin we will be
[11:36.040 --> 11:43.840]  careful then that part was over and then my children could have meaningful
[11:43.840 --> 11:48.080]  conversations with people with teachers in that and not feel like they're being
[11:48.080 --> 11:54.320]  pushed around and that's would be a great outcome it may be that you can if he
[11:54.320 --> 11:58.120]  sits down and talks to the principal and tells the principal his issues and what
[11:58.120 --> 12:03.600]  he thinks the problem is the principal may look at it and say well you're right
[12:03.600 --> 12:10.880]  drop the whole thing that would be a great that would be the best kind of
[12:10.880 --> 12:19.960]  wind he could have but not if you do it or if you sounded us yeah well yeah okay
[12:19.960 --> 12:27.920]  at this point the the local the district magistrates engaging the situation we
[12:27.920 --> 12:35.680]  have filed a challenge to jurisdiction lack of jurisdiction because of
[12:35.680 --> 12:42.000]  improper process in Pennsylvania district attorney must review every private
[12:42.000 --> 12:48.400]  criminal complaint which is what the school principal did submit and the
[12:48.400 --> 12:54.960]  district magistrates picked this up and seems to want to run with it so the
[12:54.960 --> 13:01.880]  magistrate picked it up without it was this magistrate with the courts in
[13:01.880 --> 13:06.320]  Pennsylvania somewhat different is the magistrates separate from the court of
[13:06.320 --> 13:11.180]  common please or is he part of that course yes they it would be trial de
[13:11.180 --> 13:15.120]  Nova in the court of common please after this district magistrate district
[13:15.120 --> 13:26.120]  justice how does a district justice is he just simply a justice of the piece in
[13:26.120 --> 13:35.560]  that his only purpose here was to hold a preliminary hearing or did he have some
[13:35.560 --> 13:41.080]  other jurisdiction but they're given criminal and civil I forget what the
[13:41.080 --> 13:45.720]  dollars and cents amount is civil and criminal up to I think a maximum of six
[13:45.720 --> 13:53.280]  months prison time anything larger not has to go up to the district court okay
[13:53.280 --> 14:00.960]  so that's court of common please how is this magistrate is he just a justice in
[14:00.960 --> 14:07.000]  the court of common please no no sir this is this would be what used to be
[14:07.000 --> 14:13.760]  called it just a justice of the piece and as I said he they can handle civil up
[14:13.760 --> 14:20.480]  to a certain point and then it goes into the district court criminal or civil I
[14:20.480 --> 14:29.000]  guess but whether it's a large okay what they call a court case and goes into
[14:29.000 --> 14:33.480]  the district or the county court immediately that gets appealed to the
[14:33.480 --> 14:37.240]  court appeals wait a minute wait a minute you're in I think you may be
[14:37.240 --> 14:41.600]  speaking to Pennsylvania from North Carolina from South Carolina law I
[14:41.600 --> 14:46.520]  don't think Pennsylvania has a county court they have a court of common please
[14:46.520 --> 14:52.880]  right and so what I'm trying to sort is how is the court of common please
[14:52.880 --> 14:58.280]  different than the magistrate court if it's like Texas we have a county court
[14:58.280 --> 15:02.760]  and the court of common please would equate with a county court and the
[15:02.760 --> 15:09.600]  magistrate would only handle issues that are not punishable by imprisonment
[15:09.600 --> 15:15.080]  municipal courts and JPs can handle those above that it would go to county or
[15:15.080 --> 15:20.640]  I believe in Pennsylvania court common please does that sound right yeah yeah
[15:20.640 --> 15:29.720]  it's the the as I say this district justice or whatever you it's called a
[15:29.720 --> 15:37.560]  magistrate district magistrate they can handle the petty crimes up to six
[15:37.560 --> 15:47.120]  months imprisonment hmm okay and then and then if you if you get your summary
[15:47.120 --> 15:51.920]  hearing there it's a summary hearing if you get a summary hearing you go to the
[15:51.920 --> 16:02.360]  court of common please and it on Friday Nova okay so he picked this up is there
[16:02.360 --> 16:11.960]  a provision for these lower-level crimes and I suspect that traffic will be
[16:11.960 --> 16:18.640]  included in this yeah is there a provision that allows the magistrate to
[16:18.640 --> 16:26.600]  proceed without the oversight of the prosecuting attorney
[16:26.600 --> 16:33.520]  that how it's exactly prosecuted I have not figured that out yet now I know from
[16:33.520 --> 16:40.320]  police traffic the policeman becomes the prosecutor yes and you have a lot of
[16:40.320 --> 16:46.800]  fun with him okay hang on we're about to go to our sponsors this is ready to
[16:46.800 --> 16:53.960]  count Brett fountain rule of our radio our call in number 512 646 1984 we'll
[16:53.960 --> 16:57.760]  have our phone lines open all night so if you have a question comment give us a
[16:57.760 --> 17:02.920]  call we'll be right back are you being harassed by debt collectors with phone
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[19:25.120 --> 19:41.680]  okay we are back Randy Kelton wet fountain rule law radio and we're
[19:41.680 --> 19:50.480]  talking to Jeff in South Carolina about a magistrate in Pennsylvania I am
[19:50.480 --> 20:01.120]  almost I will venture to guess that in the case of a misdemeanor punishable by
[20:01.120 --> 20:08.880]  fine only that the prosecuting attorney is not going to have to rule on it it's
[20:08.880 --> 20:15.240]  just a matter of finding out where that is a way you may be able to find figure
[20:15.240 --> 20:19.800]  this out is file criminal charges with the prosecuting attorney against the
[20:19.800 --> 20:29.880]  magistrate what go ahead I'm sorry that would get you some very very quickly
[20:29.880 --> 20:38.480]  get you some legal advice free now what what I've read and I've tried to I've
[20:38.480 --> 20:44.520]  been trying to read the Pennsylvania rules of criminal procedure the you can
[20:44.520 --> 20:50.920]  go in and file a criminal come private criminal complaint that applies to a
[20:50.920 --> 20:56.720]  non law enforcement officer which is what this school principal did private
[20:56.720 --> 21:02.480]  criminal complaint and he submitted that to the district justice it says
[21:02.480 --> 21:09.320]  ministerial district justice and she sent it she was supposed to according to
[21:09.320 --> 21:14.800]  rule I think it's 506 send it down to the capitol to Harrisburg to the DA's
[21:14.800 --> 21:19.680]  office district attorney's office for review and then he either approves it
[21:19.680 --> 21:24.560]  and sends it back to her for process or disapproves it and sends it back to the
[21:24.560 --> 21:34.520]  affian and he can also notify her but do you have a separate set of rules for
[21:34.520 --> 21:40.520]  summary these particular crimes in Texas we have the code of criminal
[21:40.520 --> 21:47.040]  procedure but we also we have a section in the code of criminal procedure that
[21:47.040 --> 21:52.480]  is specifically for municipal and justice courts that handle all the lower
[21:52.480 --> 22:01.080]  crimes do you know of anything in Pennsylvania that addresses these
[22:01.080 --> 22:08.120]  crimes that are not punishable by imprisonment yes 234 PA code chapter 4
[22:08.120 --> 22:17.320]  is summary offenses and that's handled at the district magistrates level is there
[22:17.320 --> 22:26.520]  an exclusion from the notice to the prosecutor in there it does not speak
[22:26.520 --> 22:35.960]  it of the district attorney or they refer to him as the attorney for the
[22:35.960 --> 22:44.040]  Commonwealth it does not speak of him of that requirement in chapter four okay
[22:44.040 --> 22:51.160]  then if it doesn't address him then and there is no other play if this is the
[22:51.160 --> 22:56.320]  only place summary offenses are addressed and there's not an exclusion in
[22:56.320 --> 23:02.400]  there then you can be reasonably sure there is no exclusion if you file against
[23:02.400 --> 23:11.240]  the magistrate with the district attorney and there is an exclusion he'll
[23:11.240 --> 23:18.040]  tell you but if there's not an exclusion what he will tell you is as well this is
[23:18.040 --> 23:26.280]  how we do it and then you get you get to tell him I get that I understand how
[23:26.280 --> 23:36.160]  you do it what I care about is what the law says about how you do it what I did
[23:36.160 --> 23:41.080]  is I sat down with a list I just went down I went on the internet and found a
[23:41.080 --> 23:44.680]  listing of these district magistrates and I just went down and kind of refined my
[23:44.680 --> 23:49.480]  questions as I went down office after office I had two or three of them said
[23:49.480 --> 23:54.600]  I you know I'd like to come in and file criminal charges you know how's that oh
[23:54.600 --> 23:59.760]  that and then eventually the topic of district attorneys approval came up and
[23:59.760 --> 24:03.960]  two or three of them said oh we send everyone that they district attorney
[24:03.960 --> 24:15.320]  has to approve that that sounds good so it sounds like there is no unwritten
[24:15.320 --> 24:24.080]  rule where they bypass this stuff like in Texas we have 14 point 14.106 requires
[24:24.080 --> 24:27.800]  a policeman take someone arrested directly to the nearest magistrate but
[24:27.800 --> 24:33.200]  nobody does that there's no law that authorizes it just this is how we do it
[24:33.200 --> 24:37.720]  nobody does it that's what I was looking for so apparently there is no this is
[24:37.720 --> 24:43.440]  how we do it so yeah the most most though him hauled around and wanted to know
[24:43.440 --> 24:47.920]  who I was what time of day it was and everything everything but they won't
[24:47.920 --> 24:52.040]  answer the question but those who seem to be knowledgeable and more concise when
[24:52.040 --> 24:56.600]  I asked them they said oh no that we submit every private criminal
[24:56.600 --> 25:02.760]  complaint for district attorneys approval wonderful and now you do have a
[25:02.760 --> 25:09.680]  good shot at the magistrate even if your grandson were to talk to the principal
[25:09.680 --> 25:15.920]  and he were to withdraw his complaint it would make no difference right that
[25:15.920 --> 25:23.600]  Bell's already been rung mm-hmm now that the grandson can have great fun going
[25:23.600 --> 25:32.360]  after this magistrate and one thing to warn him about if that magistrate says
[25:32.360 --> 25:44.160]  one word that causes your son to feel in any way threatened or intimidated and
[25:44.160 --> 25:48.960]  that's another bill that just got rung it's called witness tampering
[25:48.960 --> 25:58.280]  retaliation they're both in the Pennsylvania criminal code so they
[25:58.280 --> 26:02.880]  have to walk on their tippy toes they don't realize that because if they can
[26:02.880 --> 26:09.360]  not to realize that the pros say before them is setting them up giving them
[26:09.360 --> 26:18.440]  opportunity you might call it a sting so watch for that watch for anything they
[26:18.440 --> 26:26.840]  say or do that a reasonable person of ordinary prudence could construe as
[26:26.840 --> 26:34.040]  threatening or intimidating and that's sufficient to violate the code so what
[26:34.040 --> 26:41.120]  do you plan to do at this point well what happened there I don't know I'm
[26:41.120 --> 26:46.960]  timeframe I think it was the 12th a challenge for subject jurisdiction was
[26:46.960 --> 26:53.920]  sent in to for the for the reason of not having proper procedure not having
[26:53.920 --> 27:01.080]  district attorneys approval on that same day when in certified mail on the same
[27:01.080 --> 27:09.880]  day they signed for it the district justice issued a trial notice good so
[27:09.880 --> 27:15.520]  he stepped in it so there was there normally it says answers to motions
[27:15.520 --> 27:21.840]  should be done within 10 days and it wasn't 10 days at all it was only a
[27:21.840 --> 27:27.200]  couple days and I felt that that was grounds for like concerning accelerated
[27:27.200 --> 27:32.560]  you know the time frame was already irrelevant because they showed that they
[27:32.560 --> 27:37.960]  weren't going to respond or whatever so how much time are they required to give
[27:37.960 --> 27:45.440]  you a notice before hearing I couldn't find anything there it says that they
[27:45.440 --> 27:49.480]  can be answered they don't need to be answered they can be answered in open
[27:49.480 --> 27:56.080]  court it and also there is a direct statement that says not answering any
[27:56.080 --> 28:05.960]  doesn't will not constitute judicial admission oh interesting did you do
[28:05.960 --> 28:16.080]  any discovery discovery did you say did you do any discovery no sir I need to
[28:16.080 --> 28:27.320]  do some discovery request a copy of the notification given to the prosecuting
[28:27.320 --> 28:41.640]  attorney oh wait a minute what how does the fact that the accuser okay hold on
[28:41.640 --> 28:46.880]  because it's not via complaint is it it's not going to be like a sworn affidavit
[28:46.880 --> 28:52.080]  yes it's sworn affidavit by the principal so in Pennsylvania does the
[28:52.080 --> 28:56.920]  accuser become the prosecutor or does that only apply to a policeman who
[28:56.920 --> 29:03.240]  writes a citation on that complaint right at the end the the principal did
[29:03.240 --> 29:10.520]  his signature and verification and then there's a space for DA's approval or
[29:10.520 --> 29:14.920]  disapproval and then signature and date and then underneath that there's a
[29:14.920 --> 29:22.760]  certification that the district justice said I certify that this complaint is
[29:22.760 --> 29:27.400]  complete and verified and in her signature went on it yet the whole
[29:27.400 --> 29:32.840]  district approval section immediately above her that statement and her
[29:32.840 --> 29:39.800]  signature was blank okay this is good that makes this tampering with a
[29:39.800 --> 29:45.080]  government document I'm not following hang on we're about to go to our
[29:45.080 --> 29:50.120]  sponsors I'll address this when we come back this is Randy Kelton Brett
[29:50.120 --> 30:01.120]  Fountain we live on radio on the 20th day of March 2020 we'll be right back
[30:01.720 --> 30:05.880]  it's clear cell phones have changed the way we live and work but have they
[30:05.880 --> 30:09.240]  negatively affected our health I've got your camera and all right to know the
[30:09.240 --> 30:13.000]  back in just a moment with new findings about how cell phones may actually
[30:13.000 --> 30:18.600]  alter our brain chemistry privacy is under attack when you give up data about
[30:18.600 --> 30:22.840]  yourself you'll never get it back again and once your privacy is gone you'll
[30:22.840 --> 30:27.840]  find your freedoms will start to vanish too so protect your rights say no to
[30:27.840 --> 30:32.640]  surveillance and keep your information to yourself privacy it's worth hanging
[30:32.640 --> 30:37.140]  on to this public service announcement is brought to you by start page calm the
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[30:42.120 --> 30:48.400]  start page cell phones emit radio frequency energy it's a fact but whether
[30:48.400 --> 30:51.720]  it's dangerous to have a phone beaming this kind of radiation near your head
[30:51.720 --> 30:55.360]  has been disputed some have blamed it for brain tumors while cell phone
[30:55.360 --> 30:59.120]  companies have downplayed concerns well now the journal of the American
[30:59.120 --> 31:03.320]  Medical Association is confirming that cell phones affect brain chemistry the
[31:03.320 --> 31:07.600]  study of 47 volunteers showed that glucose metabolism in the area of the
[31:07.600 --> 31:11.480]  brain closest to the cell phone antenna increases when the cell phone is on
[31:11.480 --> 31:15.480]  while researchers aren't sure whether this exposure causes damage I'm not
[31:15.480 --> 31:19.400]  taking any chances I always keep the phone far from my body and I use a
[31:19.400 --> 31:23.640]  corded headset Dr. Catherine Albrecht more news and information at
[31:23.640 --> 31:35.360]  Catherine Albrecht calm I lost my son my uncle my son on September 11th 2000 most
[31:35.360 --> 31:39.600]  people don't know that a third tower fell on September 11th World Trade Center
[31:39.600 --> 31:44.920]  7 a 47 story skyscraper was not hit by a plane will the official explanation is
[31:44.920 --> 31:49.600]  that fire brought down building seven over 1200 architects and engineers
[31:49.600 --> 31:53.520]  looked into the evidence and believed there's more to the story bring justice to
[31:53.520 --> 31:59.040]  my son my uncle my nephew my son go to building what dot org why it fell why it
[31:59.040 --> 32:04.240]  matters is what you can do logos radio network welcomes a new show to our
[32:04.240 --> 32:08.680]  lineup for the new year scripture talk with Nana will begin Wednesday
[32:08.680 --> 32:14.000]  January 8th from 8 to 10 p.m. central time our goal is in accord with Matthew
[32:14.000 --> 32:19.160]  516 let your light so shine before men that they may see your good works and
[32:19.160 --> 32:24.040]  glorify your father which is in heaven we wish to reflect God's light and be a
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[32:29.040 --> 32:33.960]  verse Bible studies and topical Bible studies designed to provoke unto love and
[32:33.960 --> 32:38.560]  good works our verse by verse Bible studies will begin in the book of Matthew
[32:38.560 --> 32:43.160]  where we will discuss one chapter per week our topical Bible studies will
[32:43.160 --> 32:47.640]  vary each week and will explore sound doctrine as well as Christian character
[32:47.640 --> 32:53.120]  development so mark your calendar and join us live on logos radio network com
[32:53.120 --> 32:58.360]  Wednesdays from 8 to 10 p.m. starting January 8th for an inspiring and
[32:58.360 --> 33:05.800]  motivating discussion of the scriptures you're listening to the logos radio
[33:05.800 --> 33:20.640]  network at logosradionetwork.com
[33:35.800 --> 33:46.480]  well I need a prosecutor to come and help me prosecute them wicked leader you see
[33:46.480 --> 33:51.320]  them I'm going to lie to them tell them I'm lying I'm not telling six stories
[33:51.320 --> 33:56.240]  we don't believe me say what them tell me 3% of America vote for Russia
[33:56.240 --> 34:01.440]  so how did he get the presidency that's why me about why I went for him
[34:01.440 --> 34:07.040]  everybody listen carefully listen to the word
[34:07.040 --> 34:35.320]  okay we are back Randy Kelton wet fountain rule of law radio and we're
[34:35.320 --> 34:42.160]  talking to Jeff in South Carolina and Jeff when we went out I was talking
[34:42.160 --> 34:46.160]  about tampered with a government document when we went out Brett said
[34:46.160 --> 34:50.920]  mother there was also there was perjury and I was making a clear distinction
[34:50.920 --> 34:58.880]  between the two if you make up a complaint and you put a false statement on
[34:58.880 --> 35:04.960]  the complaint and then you throw it out that complaint you created was not a
[35:04.960 --> 35:09.600]  government document this hadn't filed it yet it'll become a government group
[35:09.600 --> 35:15.440]  document when you file it but if you are a public official in your office on the
[35:15.440 --> 35:20.480]  clock acting under the color of your official capacity and you create a
[35:20.480 --> 35:24.320]  government document you create a document that is a government document
[35:24.320 --> 35:28.920]  and if you put a false statement on that document that's tampered with a
[35:28.920 --> 35:35.600]  government document and then if you take that document and you file it with the
[35:35.600 --> 35:44.040]  provision that is filed under oath and you have misstated a material fact
[35:44.040 --> 35:51.040]  that's aggravated perjury they happened at different times they're not that's
[35:51.040 --> 35:59.120]  not one offense that's two separate offenses you ought to file those just for
[35:59.120 --> 36:06.360]  yucks or get your grandson to file them now he can't he's not a credible
[36:06.360 --> 36:14.240]  please not 18 yet no 16 okay then he's not construed as a credible person yet
[36:14.240 --> 36:21.040]  so the father would have to do it in his place there there could be a problem
[36:21.040 --> 36:25.040]  there that the father may not be qualified as a credible person either
[36:25.040 --> 36:32.080]  unfortunately okay then the grandfather can do it I could do it
[36:32.080 --> 36:40.880]  anybody could do it you could definitely do it okay the fact that you're in
[36:40.880 --> 36:50.120]  another state tough guys deal with it they want to call you as a witness they
[36:50.120 --> 36:57.640]  have to pay your way there and back but yes you can file it just because you're
[36:57.640 --> 37:04.880]  in another state's meaningless what it says is it must be filed by a credible
[37:04.880 --> 37:11.760]  person it does the law does not say it must be filed by a credible state
[37:11.760 --> 37:22.080]  citizen to make sense the distinction yes sir yep what I was saying there
[37:22.080 --> 37:27.680]  Brett that maybe I don't know if it may any difference but there he the principal
[37:27.680 --> 37:32.000]  on it the private criminal complaint did his verification statement it has the
[37:32.000 --> 37:36.160]  date and then a signature and there's a little little bit of a gap and it says
[37:36.160 --> 37:41.320]  district attorney's office approval approved I'm sorry approved disapprove
[37:41.320 --> 37:45.960]  because now line and then another line right under it says name of attorney for
[37:45.960 --> 37:49.320]  the commonwealth police print signature the attorney for the commonwealth and
[37:49.320 --> 37:54.600]  date and then immediately below that it says and now on this date February 28
[37:54.600 --> 38:01.280]  2020 certified that the complaint has been properly completed and verified it
[38:01.280 --> 38:09.760]  has met a stereo district a initial and her seal on there and got her that
[38:09.760 --> 38:18.480]  district attorney's office whole section is blank nothing they're not used to
[38:18.480 --> 38:23.720]  people calling them on the details just just to go back here just if just for
[38:23.720 --> 38:32.720]  for interesting history about 20 years ago real close to 20 years ago near
[38:32.720 --> 38:38.600]  exact the local tax office in Pennsylvania filed charges against me that I
[38:38.600 --> 38:46.760]  failed to file local school tax this district attorney was the prosecuting
[38:46.760 --> 38:54.040]  lawyer for the law firm for the tax office against me now this is not a
[38:54.040 --> 38:59.360]  vendetta but here's an interesting fact before the hearing she was setting with
[38:59.360 --> 39:05.040]  the tax lady and it was this attorney at that time who is now this district
[39:05.040 --> 39:11.760]  justice and she leans over to the tax lady and pointed to the DA section which
[39:11.760 --> 39:17.040]  was checked approved and said oh did you get approval for this I heard her
[39:17.040 --> 39:23.120]  whisper it and the tax they said no we just fill that in and she leaned back
[39:23.120 --> 39:28.680]  and went on to prosecute and I was found guilty at that level funny how time
[39:28.680 --> 39:38.400]  comes around yes it is it's unlikely she will have a vendetta over this time
[39:38.400 --> 39:43.680]  but was that brought up at the time no I did not know what to do with it I said
[39:43.680 --> 39:48.840]  they're perplexed I was very very elementary I was thinking at that time I
[39:48.840 --> 39:55.120]  thought facts and tactics in the trial was the case I just didn't understand
[39:55.120 --> 40:03.000]  yeah I understand I've been there myself so now you do understand and you
[40:03.000 --> 40:08.680]  can remind the prosecutor that the prosecutor has a history of acting in
[40:08.680 --> 40:17.320]  knowing violation of law that would be good to bring back to her yep but but
[40:17.320 --> 40:21.600]  here the prosecutor has a duty and you know I have a routine that I run in
[40:21.600 --> 40:26.800]  Pennsylvania specifically because you don't have access to grand jury in
[40:26.800 --> 40:36.200]  Pennsylvania but you do have standing in Pennsylvania and what they're likely to
[40:36.200 --> 40:41.560]  try to do because when I requested records in open records in Pennsylvania
[40:41.560 --> 40:45.600]  they wouldn't produce them because I wasn't a citizen and at the time I had
[40:45.600 --> 40:48.840]  other issues I had someone who was a citizen who went ahead and requested
[40:48.840 --> 40:58.440]  them but I didn't check that out now in Tennessee the the statute specifically
[40:58.440 --> 41:07.840]  state that you must be a Tennessee citizen I'm wondering if if Pennsylvania is
[41:07.840 --> 41:16.040]  the same way you can pursue but they're gonna claim that since you're not a
[41:16.040 --> 41:24.640]  citizen the state of Pennsylvania that you don't have standing and that'll go
[41:24.640 --> 41:32.400]  to 14th Amendment then you get to snatch them up in the federal court you
[41:32.400 --> 41:38.240]  could file a petition for declaratory judgment in the federal court that would
[41:38.240 --> 41:47.920]  jerk a knot in their behinds that forced of the prosecuting attorney into the
[41:47.920 --> 41:54.200]  federal court to explain himself because he denied a right to a citizen of
[41:54.200 --> 42:00.400]  another state and he would have to come up with something to support that and
[42:00.400 --> 42:10.800]  while there may be such a ruling or a statute as a it applies to administrative
[42:10.800 --> 42:17.440]  procedures this is not an administrative and administrative procedure this is a
[42:17.440 --> 42:24.880]  criminal procedure and I can't imagine that a state would have the power to
[42:24.880 --> 42:38.920]  deny a citizen in equal access to the courts first amendment all right that's
[42:38.920 --> 42:42.840]  my story I'm sticking to it but I'm not going to speak to the Third Amendment I
[42:42.840 --> 42:50.560]  had someone address the Third Amendment today we'll get to that later
[42:50.560 --> 42:55.840]  all right just just to let you know they you know as I said that we sent that
[42:55.840 --> 43:04.760]  challenge in and the claiming a lack of jurisdiction and the on the trial date
[43:04.760 --> 43:09.120]  or on the on the record receiving on the 12th she sent out a notice on the
[43:09.120 --> 43:15.560]  trial date now whether it was ill advised or not we got our heads together
[43:15.560 --> 43:21.040]  and there's there's kind of two tactical errors that the affidavit does not
[43:21.040 --> 43:30.040]  support the charges on the summons and the charges on the summons kind of would
[43:30.040 --> 43:36.600]  look to lose jurisdiction persona because it says it has to be the charges
[43:36.600 --> 43:42.360]  and for a non-student a non pupil and of course my grandson is a pupil so those
[43:42.360 --> 43:47.560]  two items we thought we'd hold back for surprise if if she looks like she's
[43:47.560 --> 43:51.880]  going to push this into a hearing no matter what but what we did is we
[43:51.880 --> 43:58.640]  generated another challenge of jurisdiction stating that jurisdiction
[43:58.640 --> 44:03.640]  have been challenged through advances in technology our lives have greatly
[44:03.640 --> 44:08.320]  improved except in the area of nutrition people feed their pets better than they
[44:08.320 --> 44:13.200]  feed themselves and it's time we changed all that our primary defense against
[44:13.200 --> 44:18.240]  aging in disease in this toxic environment is good nutrition in a world
[44:18.240 --> 44:22.680]  where natural foods have been irradiated adulterated and mutilated young
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[45:57.120 --> 46:02.400]  toll-free 866 law easy
[46:02.400 --> 46:04.400]  oh
[46:22.840 --> 46:32.360]  yeah always I must be careful what I'm wishing for when I'm hungry I like
[46:32.360 --> 46:39.520]  to know just what I'm fishing for I asked for much I kind of be no
[46:39.520 --> 46:49.480]  but I'm just here making my living pushing button I get my message I do
[46:49.480 --> 46:57.000]  anyone in the shot and distance oh for bravery and against slavery showing
[46:57.000 --> 47:11.640]  resistance okay we are back Randy Kelton Brett fountain rule of law radio and
[47:11.640 --> 47:17.720]  we're talking to Jeff in South Carolina and I kind of ran off the cliff there
[47:17.720 --> 47:24.920]  Jeff okay take it back up yeah you you didn't run off the cliff you left me
[47:24.920 --> 47:29.240]  run right off the cliff I yeah we saw your fault you ran off the cliff I
[47:29.240 --> 47:35.760]  didn't let's let's blame Brett it's Brett's fault I heard three seconds of
[47:35.760 --> 47:44.440]  music and I hit the bottom of the canyon just like wildly clarity the but what
[47:44.440 --> 47:49.580]  we did like to say whether ill-advised or not it was kind of I took a kind of
[47:49.580 --> 47:54.680]  it's just a filler move something to just keep dust in the air we generated
[47:54.680 --> 47:59.800]  another challenge of jurisdiction stating that she had not responded and we
[47:59.800 --> 48:05.200]  cited some law that case law that said that you know they had their once
[48:05.200 --> 48:09.800]  challenge it had to be or they lost jurisdiction so we just point out that
[48:09.800 --> 48:15.840]  they have not responded to the jurisdiction challenge and therefore I've
[48:15.840 --> 48:23.080]  lost it and cannot proceed but we're waiting that response that that's still
[48:23.080 --> 48:31.520]  within the 10-day period so when is the hearing set for March 31st however the
[48:31.520 --> 48:38.400]  courts in Pennsylvania have been put on hold you can get paperwork there and
[48:38.400 --> 48:49.000]  make payments you got off the time they they yeah they they're not having
[48:49.000 --> 48:56.080]  hearings right now oh this coronavirus bailed them off the dime one of the
[48:56.080 --> 49:01.600]  favorite things I ever did as I walked into my district attorney's office and
[49:01.600 --> 49:05.120]  he said what can I do for you mr. Kelton and I reached in my pocket and
[49:05.120 --> 49:13.040]  pulled out a dime I said you see this I put it down on his desk he said what is
[49:13.040 --> 49:21.000]  that I said well since I came here to put you on one least I can do is give you
[49:21.000 --> 49:28.960]  it give you the dime to get on top of mr. Kelton I'm not gonna like this am I
[49:28.960 --> 49:33.400]  and the Bailey for standing there I know the baby feel well he's got his
[49:33.400 --> 49:39.680]  thumb in his mouth trying to keep from busting out laughing I wanted him to
[49:39.680 --> 49:46.640]  arrest the district judge anyway okay so they got off the dime but your your
[49:46.640 --> 49:52.560]  timing was fine they had already set the court date after you had challenged
[49:52.560 --> 50:05.440]  subject matter jurisdiction did the summons or the notice include motion
[50:05.440 --> 50:12.400]  hearing setting no but it didn't and we received we received your plea of not
[50:12.400 --> 50:17.480]  guilty which I don't know how they did that
[50:18.480 --> 50:29.440]  well in Texas Brett what was the code 27 point something 27 16 you mean where
[50:29.440 --> 50:35.960]  they can if you refuse to plead they can enter a plea on your behalf yes did your
[50:35.960 --> 50:46.840]  grandson go before the court refused to enter a plea no no okay hold on this
[50:46.840 --> 50:52.880]  takes some backing up yeah the only the only contact with the summons and then
[50:52.880 --> 50:59.080]  our letter to the challenge of jurisdiction and then a return trial notice
[50:59.080 --> 51:05.720]  and then our second challenge of jurisdiction that's it okay in most
[51:05.720 --> 51:17.120]  states the first thing that must happen is an arrangement before a court can
[51:17.120 --> 51:22.560]  move against you they may need to make sure who they're moving against so they
[51:22.560 --> 51:27.960]  hold an arraignment an arraignment is a hearing for the purpose of determining
[51:27.960 --> 51:35.400]  the identity of the accused and taking the plea the court cannot take the word
[51:35.400 --> 51:41.200]  of the magistrate or the police officer or the complainant or anyone else they
[51:41.200 --> 51:47.640]  must bring the accused before the court and specifically identify the accused on
[51:47.640 --> 51:54.480]  the record and then they take a plea and in the case of Texas if you refuse to
[51:54.480 --> 52:02.280]  enter a plea for the purposes of administrative procedure the court can
[52:02.280 --> 52:08.240]  enter a plea of not guilty for you this does not in any way affect any of your
[52:08.240 --> 52:15.160]  rights it's just an administrative step but in this case the magistrates stated
[52:15.160 --> 52:22.280]  that they had your plea so you need to put in a request for a copy of the
[52:22.280 --> 52:31.200]  plea you've got it show it to me
[52:31.200 --> 52:46.000]  yeah okay yeah it's on on in on chapter 4 summary action summary hearings at a
[52:46.000 --> 52:51.280]  district justice there is no provision listed there for preliminary hearing
[52:51.280 --> 52:59.440]  however in the higher grade offenses in what they call a court case there is a
[52:59.440 --> 53:04.320]  preliminary hearing provision there is a preliminary hearing provision in all
[53:04.320 --> 53:14.080]  cases according to Gerstein Pugh that's a federal case and that says in every
[53:14.080 --> 53:20.680]  prosecution it is a matter of due process that you have a right to a
[53:20.680 --> 53:28.840]  preliminary hearing that's if you have my subject matter jurisdiction challenge
[53:28.840 --> 53:39.360]  it's in there so they have to have one there's no getting around it and it is
[53:39.360 --> 53:45.400]  an important procedure the courts are trying to avoid that but it's a bad
[53:45.400 --> 53:51.160]  idea they think it's inconvenient to hold a preliminary hearing but what
[53:51.160 --> 53:56.160]  happens when you don't hold a preliminary hearing the accused never gets
[53:56.160 --> 54:06.440]  opportunity to enter exculpatory evidence if they had after the complaint
[54:06.440 --> 54:10.960]  was filed if the judge had issued a summons for a preliminary hearing and
[54:10.960 --> 54:17.800]  your grandson go in there and say your honor this statute here says that this
[54:17.800 --> 54:21.320]  can only be applied to someone who's a non-student and I'm a student so can't
[54:21.320 --> 54:26.000]  apply to me well back up back up to the judge what is yeah the judge would have
[54:26.000 --> 54:31.600]  said you're out of here this is over that's the purpose of it well but first
[54:31.600 --> 54:40.040]  you get to back up because in the the offense that was cited doesn't exist
[54:40.040 --> 54:44.480]  okay well the argument all of these arguments could have been brought before
[54:44.480 --> 54:52.560]  a preliminary hearing right before the the accused is forced to stand and
[54:52.560 --> 55:00.640]  answer you have a right to be faced by your accuser and in in Texas I'm not
[55:00.640 --> 55:06.120]  sure exactly what it says in Pennsylvania but in Texas
[55:06.120 --> 55:15.680]  16.02 before any evidence is entered against the accused the accused has the
[55:15.680 --> 55:23.360]  option of entering a statement into the record when they arrested me in Williamson
[55:23.360 --> 55:29.960]  County when I tried to get them to arrest the prosecuting attorney and when
[55:29.960 --> 55:33.840]  the district judge refused to take my complaint I asked the body to arrest the
[55:33.840 --> 55:38.360]  district judge they called the municipal police on me I asked them to call the
[55:38.360 --> 55:42.360]  police and get them out here and arrest the judge well they arrested me instead
[55:42.360 --> 55:47.520]  and the next morning by then they figured out who I was and all the jailers
[55:47.520 --> 55:51.960]  are saying one of the skeleton you know I didn't have anything to do with this so
[55:51.960 --> 55:57.640]  I get in front of this magistrate at this registration hearing and they called
[55:57.640 --> 56:04.840]  me up and I said your honor before we start I see you have a folder there in
[56:04.840 --> 56:10.800]  front of you does that folder have anything about me in there he said
[56:10.800 --> 56:19.200]  well yes mr. Kelton I have it does I said mr. sir have your honor have you
[56:19.200 --> 56:27.600]  looked at anything in that folder this guy was a lawyer in his day job he
[56:27.600 --> 56:33.680]  took a very long pregnant pause I know what he's thinking he knows who this
[56:33.680 --> 56:40.400]  guy is now this is that Calton no good rotten rascal and he asked me a very
[56:40.400 --> 56:46.920]  unexpected question and I know he had a good reason for that he thought a while
[56:46.920 --> 56:54.280]  and he said well yes mr. Kelton I have tell me your honor where did you get
[56:54.280 --> 57:04.360]  that Jeff you know where I'm going ex parte I would think yeah well before
[57:04.360 --> 57:15.520]  any evidence is entered in the court the accused has a right to make a statement
[57:15.520 --> 57:23.640]  who gave that to you I haven't exercised my right to enter a statement yet so you
[57:23.640 --> 57:31.160]  can't see that and did the magistrate was sitting there with a paper in his
[57:31.160 --> 57:37.480]  hand shaking he knew this he didn't know what I was talking about but he was
[57:37.480 --> 57:44.160]  certain that I did and he was being set up and he was right so anyway a little
[57:44.160 --> 57:50.120]  bit off the subject preliminary hearings are required by Gerstein Pugh you must
[57:50.120 --> 57:54.920]  have an opportunity to face your accuser it's like night court you ever seen the
[57:54.920 --> 58:02.440]  program night court yeah okay it was it was a comedy with John Lerocat it was
[58:02.440 --> 58:08.000]  two or three people primarily someone's arrested in in New York they're taken to
[58:08.000 --> 58:12.640]  jail long enough to get a product prosecutor appointed for the purpose of
[58:12.640 --> 58:16.320]  this hearing the prosecutor talks to the accused then they both come before the
[58:16.320 --> 58:22.440]  court the court the policeman makes his argument the defense makes their
[58:22.440 --> 58:28.200]  argument and the judge decides if the accused must stand and answer that's a
[58:28.200 --> 58:36.200]  preliminary hearing if the judge says no you're out of here hang on Randy
[58:36.200 --> 58:43.480]  Kelton Brett Fountain rule of law radio I call it number 512 646 1984 we'll be
[58:43.480 --> 58:53.800]  right back would you like to make more definite progress in your walk with God
[58:53.800 --> 58:59.400]  Bibles for America is offering a free study Bible and a set of free Christian
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[59:50.360 --> 59:56.960]  live free speech radio logos radio network.com
[59:56.960 --> 01:00:07.400]  the following is brought to you by the Lone Star blowdown markets for Monday
[01:00:07.400 --> 01:00:11.920]  the 22nd of July 2019 open with precious metals gold one thousand four hundred
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[01:00:35.840 --> 01:00:39.760]  and thirty one cents and Bitcoin cash is at three hundred twenty four dollars and
[01:00:39.760 --> 01:00:50.640]  ten cents a crypto coin in history the year 1916 the preparedness day bombing a
[01:00:50.640 --> 01:00:55.200]  time suitcase bomb was detonated on Market Street in San Francisco during the
[01:00:55.200 --> 01:01:00.000]  World War one preparedness day parade killing 10 and entering 40 today in
[01:01:00.000 --> 01:01:07.560]  history and recent news since the governor Greg Abbott signed House bill
[01:01:07.560 --> 01:01:12.480]  1325 legalizing happen attacks law back in June county prosecutors around the
[01:01:12.480 --> 01:01:16.200]  state including Houston Austin San Antonio have been dropping marijuana
[01:01:16.200 --> 01:01:19.920]  possession charges and even refusing to file new ones since they are stipulating
[01:01:19.920 --> 01:01:23.600]  that they do not have the time or the laboratory equipment to test the earth
[01:01:23.600 --> 01:01:28.000]  for THC Margaret Moore the Travis County District Attorney announced earlier
[01:01:28.000 --> 01:01:31.440]  this month that she was dismissing 32 felony possession and delivery of
[01:01:31.440 --> 01:01:36.040]  marijuana cases because of the law Mr. Abbott and other state officials including
[01:01:36.040 --> 01:01:39.160]  the Attorney General stipulated in a letter the county district attorneys
[01:01:39.160 --> 01:01:43.320]  back on Thursday that marijuana has not been decriminalized in Texas and that
[01:01:43.320 --> 01:01:48.440]  these actions demonstrate a misunderstanding of how HP 1325 works as
[01:01:48.440 --> 01:01:53.760]  well as other cities to like the District Attorney in El Paso Kyma Esparza a
[01:01:53.760 --> 01:01:58.040]  Democrat who also stated earlier this month that the law quote will not have
[01:01:58.040 --> 01:02:02.960]  an effect on the prosecution of marijuana cases in El Paso however the issue
[01:02:02.960 --> 01:02:06.920]  was succinctly summarized by Mr. Brandon Ball and assistant public defender in
[01:02:06.920 --> 01:02:10.920]  Harris County who stated that quote the law is constantly changing on what makes
[01:02:10.920 --> 01:02:14.800]  something illegal based on its chemical makeup it's important that if someone is
[01:02:14.800 --> 01:02:23.360]  charged with something the test matches what they're charged with a paper by
[01:02:23.360 --> 01:02:27.760]  Tulane University identified a five and a half inch American pocket shark as the
[01:02:27.760 --> 01:02:32.200]  first of its kind in the Gulf of Mexico the specimen being only the second
[01:02:32.200 --> 01:02:36.560]  pocket shark ever captured or recorded with the other one being found way back
[01:02:36.560 --> 01:02:40.900]  in 1979 in the East Pacific Ocean according to the University paper the
[01:02:40.900 --> 01:02:45.960]  shark secretes a luminous fluid from a gland near its front fins for the
[01:02:45.960 --> 01:03:12.180]  purposes hypothesized to learn pray maybe drawn into the globe
[01:03:15.960 --> 01:03:37.740]  I will pay for the war with my body I won't pay for the fun with my body
[01:03:37.740 --> 01:03:50.900]  I won't pay for the boys with my money I ain't gonna pay for the kids with my
[01:03:50.900 --> 01:04:01.900]  body the whole agenda smells funny I'm gonna fight in a water of my own
[01:04:01.900 --> 01:04:09.540]  okay we are back Randy Kelton Brett Mountain rule of law radio now call in
[01:04:09.540 --> 01:04:14.900]  numbers five one two six four six 1984 we'll be taking your calls all night we
[01:04:14.900 --> 01:04:19.980]  do have an empty slot on the board and we'll be finishing up with Jeff before
[01:04:19.980 --> 01:04:31.180]  too long and we're gonna go to Chris and Tina okay Jeff where were we you were
[01:04:31.180 --> 01:04:34.700]  saying about this the defendant gets to make a statement before they present
[01:04:34.700 --> 01:04:42.660]  evidence yes that's the way it is in Texas but the point of a preliminary
[01:04:42.660 --> 01:04:50.540]  hearing is that both sides you get to present their side and the magistrate
[01:04:50.540 --> 01:04:56.980]  makes a determination as to whether or not a prosecution is warranted by the
[01:04:56.980 --> 01:05:02.500]  evidence if it isn't then the person sent home they don't have to stand an
[01:05:02.500 --> 01:05:12.100]  answer the magistrate just denied your grandson this fundamental right this is
[01:05:12.100 --> 01:05:20.860]  a fundamental right that's been in the law since 1215 AD it was in the original
[01:05:20.860 --> 01:05:25.300]  Magna Carta signed by King John when the Duke struck him down to the River
[01:05:25.300 --> 01:05:29.580]  Thames and threatened to cut his head off he didn't sign it and it's been in
[01:05:29.580 --> 01:05:35.860]  every incantation of the Magna Carta since then and was adopted by the United
[01:05:35.860 --> 01:05:43.020]  States that's why we have magistrates spread around the county it was
[01:05:43.020 --> 01:05:50.900]  intended that if a sheriff or now a policeman of any kind arrests someone
[01:05:50.900 --> 01:05:57.700]  for any reason they were to take them directly to the nearest magistrate and
[01:05:57.700 --> 01:06:02.860]  they wanted to magistrate within a day's ride from any point days horseback
[01:06:02.860 --> 01:06:06.940]  ride from any point in the county that's why they're spread all over the
[01:06:06.940 --> 01:06:16.020]  county and now it's become inconvenient what they wanted was is they did not want
[01:06:16.020 --> 01:06:23.020]  the public to feel as though the police had the power to arrest and imprison to
[01:06:23.020 --> 01:06:29.940]  punish they had the power to arrest but the first thing they must do is go to a
[01:06:29.940 --> 01:06:35.340]  neutral party and explain themselves it's not because you didn't trust the
[01:06:35.340 --> 01:06:42.620]  police it's because they did not want the public to be afraid of the police
[01:06:42.620 --> 01:06:49.300]  well they stopped doing that and look at the situation we're in now when I get
[01:06:49.300 --> 01:06:53.660]  pulled over by a policeman if his hand moves toward his gun I call 911
[01:06:53.660 --> 01:07:02.340]  immediately I did that in Bowie Texas and told the dispatcher you need to get
[01:07:02.340 --> 01:07:06.980]  someone out here I got a police officer out here who is absolutely terrified of
[01:07:06.980 --> 01:07:11.660]  me I'm afraid he's gonna wet his drawers but I'm also concerned he's going to
[01:07:11.660 --> 01:07:15.580]  shoot me first you need to get someone out here and get him in control and he's
[01:07:15.580 --> 01:07:20.460]  got his hand on his pistol he's kind of hunched over he he just froze when he
[01:07:20.460 --> 01:07:26.380]  heard me say that to his dispatcher and had this look on his face like I don't
[01:07:26.380 --> 01:07:36.220]  believe you just said that moron but okay so the magistrate has denied your son
[01:07:36.220 --> 01:07:42.020]  a preliminary hearing that should get a criminal complaint and that Bell's been
[01:07:42.020 --> 01:07:49.740]  wrong if he's ordered the child to court he rung that Bell I suggest you file
[01:07:49.740 --> 01:07:58.220]  criminally against the magistrate okay first amendment the right petition
[01:07:58.220 --> 01:08:04.100]  I'm sorry this isn't for 14th amendment the right to equal protection of the
[01:08:04.100 --> 01:08:09.660]  laws it's a due process right and in some states they say well you don't have a
[01:08:09.660 --> 01:08:17.020]  right to a examining trial or preliminary hearing in certain level of
[01:08:17.020 --> 01:08:22.820]  criminal complication only those that are not punishable by imprisonment this
[01:08:22.820 --> 01:08:30.620]  is not about a right to an examining trial you don't necessarily have a right
[01:08:30.620 --> 01:08:38.020]  to an examining trial that is not specified in the Constitution now
[01:08:38.020 --> 01:08:43.300]  technically you have a right to anything that the law says you don't have a right
[01:08:43.300 --> 01:08:51.180]  to but in this case preliminary hearing or examining trial is not a matter of a
[01:08:51.180 --> 01:08:59.220]  right it's a matter of due process you don't have a right to be arrested you
[01:08:59.220 --> 01:09:05.820]  don't have a right to be detained or searched or seized at your liberty due
[01:09:05.820 --> 01:09:11.940]  process requires the police to do certain things and you do have a right to a
[01:09:11.940 --> 01:09:20.100]  reasonable expectation that all public officials will follow law to the letter
[01:09:20.460 --> 01:09:29.060]  and while it may not specifically state that in Pennsylvania law the case law
[01:09:29.060 --> 01:09:36.020]  under Gerstein Pew says that you that if someone is arrested they are to have a
[01:09:36.020 --> 01:09:41.860]  preliminary hearing right or no right that's due process and due process you
[01:09:41.860 --> 01:09:47.100]  have a right to under 14th amendment does that make sense is that clear
[01:09:47.100 --> 01:09:54.660]  reasonably yes mm-hmm because I made that argument in a municipal court once
[01:09:54.660 --> 01:09:59.180]  and when they asked me for a plea and all I'm not here to plea I want an
[01:09:59.180 --> 01:10:02.820]  examining trial he's and he said well miss Calhoun in Texas you don't have a
[01:10:02.820 --> 01:10:07.300]  right to an examining trial in a classy misdemeanor I said well what's that got
[01:10:07.300 --> 01:10:11.940]  to do with anything well if you don't have a right to an examining trial I
[01:10:11.940 --> 01:10:18.540]  can't give you one well who did you come up with that and I walked through the
[01:10:18.540 --> 01:10:27.260]  code 14.06 and 543.002 both require the officer to take me directly to the
[01:10:27.260 --> 01:10:30.740]  nearest magistrate and the only thing a magistrate can do is hold an
[01:10:30.740 --> 01:10:35.460]  examining trial that's due process and that's something I do have a right to
[01:10:35.460 --> 01:10:41.780]  and after the hearing he spoke to that he didn't give me my examining trial but
[01:10:41.780 --> 01:10:46.220]  he told me that in his day job he represents criminal clients and they've
[01:10:46.220 --> 01:10:53.540]  been trying to get them examining trials he said I could use that argument so
[01:10:53.540 --> 01:11:00.620]  it's due process the judge has denied your your grandson due process and he's
[01:11:00.620 --> 01:11:04.100]  did so done so while acting under the color of pretense of an official
[01:11:04.100 --> 01:11:10.140]  capacity that's official misconduct in every state and if they don't want to do
[01:11:10.140 --> 01:11:17.580]  it in the state it's official misconduct excuse me it's official misconduct in the
[01:11:17.580 --> 01:11:26.620]  fat 18 US code 242 comments Brett you're quiet back there no I'm just listening
[01:11:26.620 --> 01:11:36.860]  and learning okay so Jeff I would suggest get you your go ahead and get
[01:11:36.860 --> 01:11:43.220]  your grandson to prepare and file criminal charges against the judge and
[01:11:43.220 --> 01:11:49.180]  if they refuse to take them from him because he's not old enough ask him to
[01:11:49.180 --> 01:11:58.180]  go to the principle you're my principle here's the law here's what the judge was
[01:11:58.180 --> 01:12:06.180]  supposed to have done you filed this complaint in parent good faith I'm gonna
[01:12:06.180 --> 01:12:16.500]  ask you to act in good faith again and file against that judge what's the
[01:12:16.500 --> 01:12:26.820]  principle gonna do nothing oh acting concert and collusion I don't you might
[01:12:26.820 --> 01:12:33.420]  be surprised you don't know good chance the principle is doing what we discussed
[01:12:33.420 --> 01:12:38.700]  the first time he's trying to keep disciplinary actions off the record he
[01:12:38.700 --> 01:12:47.580]  has to send to the state but if he's an honest man and he has a moral center he
[01:12:47.580 --> 01:12:52.740]  may recognize the problem here and correct it he probably won't pursue the
[01:12:52.740 --> 01:12:59.140]  judge but almost certainly he'll make these charges go away and that's when
[01:12:59.140 --> 01:13:04.220]  you can really go after the judge okay I think we've pretty well covered
[01:13:04.220 --> 01:13:10.820]  everything and for everybody else who's listening I did spend a bit of time on
[01:13:10.820 --> 01:13:15.820]  this because every once a while I get an opportunity to walk through the basic
[01:13:15.820 --> 01:13:25.860]  due process stuff and I especially like taking on seemingly minor issues if you
[01:13:25.860 --> 01:13:29.780]  get charged or something really serious they expect you to fight them like a
[01:13:29.780 --> 01:13:37.020]  tiger but in the minor cases they get very lazy and lackadaisical and they
[01:13:37.020 --> 01:13:42.380]  make more mistakes and they don't expect expect the pro se litigant to come
[01:13:42.380 --> 01:13:48.220]  back and land on them like a ton of bricks and in those cases it tends to be
[01:13:48.220 --> 01:13:56.580]  most effective in terms of changing bad behavior okay Jeff anything else for us
[01:13:56.580 --> 01:14:02.260]  today yes sir I just like to run down over like four quick kickoff items and
[01:14:02.260 --> 01:14:09.100]  I'd like your opinion then we've prepared two judicial misconduct complaints
[01:14:09.100 --> 01:14:13.820]  they I don't think they got mailed in yet but the one is because of denying
[01:14:13.820 --> 01:14:20.460]  due process without getting the review of the DA and that was going to be sent
[01:14:20.460 --> 01:14:25.140]  into a review board and to the president judge which oversees all the district
[01:14:25.140 --> 01:14:31.300]  magistrates then there was a one criminal complaint for official
[01:14:31.300 --> 01:14:38.860]  oppression prepared for denial of rights and due process and the other one that
[01:14:38.860 --> 01:14:43.300]  kind of occurred that I picked up on I think it might be worthwhile I called the
[01:14:43.300 --> 01:14:52.900]  office and asked them something regarding the plea I said well is and I was
[01:14:52.900 --> 01:14:57.820]  asking because he was a juvenile minor and all that but I said well what if he
[01:14:57.820 --> 01:15:03.100]  doesn't plea they said oh there'll be a warrant issue for him yet in summary
[01:15:03.100 --> 01:15:10.020]  cases it's very clear that if they send out a summons and it's not answered they
[01:15:10.020 --> 01:15:15.820]  must send out certified mail first then if it's not answered then they issue a
[01:15:15.820 --> 01:15:19.940]  warrant so the staff actually threatened they kept telling me when I was
[01:15:19.940 --> 01:15:23.300]  asking any particular in print we can't give you legal rights we can give you
[01:15:23.300 --> 01:15:26.420]  loot but when I said well what if he doesn't oh we're going to send out a
[01:15:26.420 --> 01:15:32.460]  warrant for his arrest which the actual procedure they must send out a mail
[01:15:32.460 --> 01:15:40.740]  that is so good you need to charge the clerk with impersonating a lawyer or
[01:15:40.740 --> 01:15:49.660]  practicing law without a license there you go oh that would be so much fun we
[01:15:49.660 --> 01:15:54.100]  don't give legal advice unless it's convenient for us right right yeah
[01:15:54.100 --> 01:15:57.700]  exactly yeah they didn't know anything that would be helpful but boy they could
[01:15:57.700 --> 01:16:05.540]  certainly send out a threat so the and these are the kinds of complaints that
[01:16:05.540 --> 01:16:10.500]  I really like to do and now I'm going to take a step back to Scott Richardson
[01:16:10.500 --> 01:16:17.020]  who called in last night he is the one that went after the prosecutor for
[01:16:17.020 --> 01:16:24.540]  failing to properly train the police and in this case the judge is the
[01:16:24.540 --> 01:16:30.660]  administrative head of the department and it's the judge's responsibility to
[01:16:30.660 --> 01:16:38.580]  train his clerks so the judge should get a judicial conduct complaint for failing
[01:16:38.580 --> 01:16:48.460]  to adequately train his clerks not to give legal advice right oh that should
[01:16:48.460 --> 01:16:54.620]  be that should be fun and what were you saying would actually be the the action
[01:16:54.620 --> 01:17:02.420]  against the clerk how do you file a are you being harassed by debt collectors
[01:17:02.420 --> 01:17:07.260]  with phone calls letters or even lawsuits stop debt collectors now with the
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[01:17:42.900 --> 01:17:47.860]  ruleoflawradio.com and click on the blue Michael Maris banner or email Michael
[01:17:47.860 --> 01:17:52.500]  Maris at yahoo.com that's ruleoflawradio.com or email
[01:17:52.500 --> 01:17:59.660]  M-I-C-H-A-E-L-M-I-R-R-A-S at yahoo.com to learn how to stop debt collectors now
[01:17:59.660 --> 01:18:04.340]  I love logos without the shows on this network I'd be almost as ignorant as my
[01:18:04.340 --> 01:18:08.020]  friends I'm so addicted to the truth now that there's no going back I need my
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[01:18:55.540 --> 01:19:11.260]  thank you so much we are welcome Happy Holidays Logos
[01:19:11.260 --> 01:19:31.220]  ain't gonna blind me don't fool me
[01:19:31.220 --> 01:19:39.140]  ain't gonna fool me with that same old tip again I was blindsided but now I
[01:19:39.140 --> 01:19:52.580]  can see your hand you put the fear in my pocket took the money from my hand ain't gonna fool me with that same old trick again
[01:19:52.580 --> 01:20:10.060]  okay we are back Randy Kelton Brett Fountain rule of law radio and where were
[01:20:10.060 --> 01:20:14.740]  we Jeff I was real busy on the break with Brett and I lost track of where we were
[01:20:14.740 --> 01:20:19.380]  at you were you were addressing when I asked you what how that should be handled
[01:20:19.380 --> 01:20:24.900]  when the court staff advised me that there will be a warrant issued if we
[01:20:24.900 --> 01:20:32.860]  didn't plea it requires a certified mail instead so first step so charge the
[01:20:32.860 --> 01:20:41.340]  clerk with practicing law without a license and the judge with failure to
[01:20:41.340 --> 01:20:49.540]  properly trade and do that in a judicial conduct complaint yeah right that's the
[01:20:49.540 --> 01:20:56.460]  kind of complaint that could get them stung and you explain in your complaint
[01:20:56.460 --> 01:21:03.260]  against the clerk that where just standard procedure in the court in in
[01:21:03.260 --> 01:21:11.580]  the clerk's office would have prevented you from having a difficulty then the
[01:21:11.580 --> 01:21:17.060]  clerk refused to give legal advice but when it seemed to be to the clerk's
[01:21:17.060 --> 01:21:26.060]  benefit then she felt authorized to give legal advice exactly yes and gave
[01:21:26.060 --> 01:21:35.500]  legal advice that was incorrect right in order to coerce you into the course the
[01:21:35.500 --> 01:21:43.220]  accused into waiving a right that would be fine the clerk is not going to see
[01:21:43.220 --> 01:21:49.500]  that coming and that would be a criminal complaint you're saying absolutely
[01:21:49.500 --> 01:21:55.460]  practicing law without license okay all right great thank you so much for the
[01:21:55.460 --> 01:21:59.980]  time here you spend a lot of time and thank you so much we're going to move
[01:21:59.980 --> 01:22:04.300]  on with some of these things we'll try and make it exciting okay thank you Jeff
[01:22:04.300 --> 01:22:10.500]  and keep us up to speed thank you Brett and Randy okay now we're gonna go to
[01:22:10.500 --> 01:22:18.140]  Chris in Colorado hello Chris what do you have for us today hi Randy
[01:22:18.140 --> 01:22:22.820]  hey Brett it's been quite a while since I called in can you guys hear me okay
[01:22:22.820 --> 01:22:30.340]  yes okay good good to talk to you guys again last time I talked to you guys I
[01:22:30.340 --> 01:22:35.700]  told you a story about towing incident in Chicago and I was getting that set up
[01:22:35.700 --> 01:22:39.740]  to make some actions on and then I kind of took a downturn with some health
[01:22:39.740 --> 01:22:43.620]  issues so I've been off the map for quite a while but I'm coming back online
[01:22:43.620 --> 01:22:51.300]  and I'm running into statute of limitations on April 27th and I don't
[01:22:51.300 --> 01:22:58.740]  think I'm going to be ready what's the nature of the case real quickly it was
[01:22:58.740 --> 01:23:03.860]  I got towed and then I found statutes and I got the state to prosecute them and
[01:23:03.860 --> 01:23:09.820]  I have a judgment okay okay you don't have to be ready just sue them the dirty
[01:23:09.820 --> 01:23:14.860]  rotten scoundrel he's a no-good jerk and you ought to jerk his license and pay
[01:23:14.860 --> 01:23:18.860]  me a whole bunch of money just file it and then the other side is going to say
[01:23:18.860 --> 01:23:28.100]  your honor this is a piece of crap but you met the time limit okay first my
[01:23:28.100 --> 01:23:33.540]  first foreclosure case Steve Skidmore came to me and said I got a
[01:23:33.540 --> 01:23:38.500]  eviction hearing in two days I need a lawsuit I said I don't have it yet I'm
[01:23:38.500 --> 01:23:42.260]  still doing my research he said I don't have time for research I need something
[01:23:42.260 --> 01:23:46.820]  so I went on the internet pulled out a bunch of junk stuck it in a lawsuit gave
[01:23:46.820 --> 01:23:52.700]  it to him he filed it they went to the the eviction hearing and he told the
[01:23:52.700 --> 01:23:57.860]  judge your honor we have a claim against title in the state court and the judge
[01:23:57.860 --> 01:24:01.940]  said in that case what are you doing in my court I don't have jurisdiction get
[01:24:01.940 --> 01:24:08.420]  out the lawyer on the other side after about 30 days filed a response and said
[01:24:08.420 --> 01:24:15.540]  your honor this suits a bunch of crap Allah and then another 45 days or so the
[01:24:15.540 --> 01:24:20.900]  judge responded and said yeah it is a bunch of crap Allah refile it so he
[01:24:20.900 --> 01:24:25.620]  refiled it and went same thing this is crap Allah the judge said yeah it is
[01:24:25.620 --> 01:24:34.860]  crap Allah refile it again third time it took okay my point don't wait till you
[01:24:34.860 --> 01:24:42.460]  got don't don't be late trying to get it perfect make a singular claim no matter
[01:24:42.460 --> 01:24:49.620]  how minor and how minute just make a claim file it okay you get in front of
[01:24:49.620 --> 01:24:58.140]  the statute of limitations then once you have it then you can come back while
[01:24:58.140 --> 01:25:05.380]  the guys got 30 days to respond and get it filed and keep working on your your
[01:25:05.380 --> 01:25:11.860]  proper suit and as soon as you get it ready filing amended petition hopefully
[01:25:11.860 --> 01:25:19.780]  before they have an opportunity to respond you can file an amended pleading
[01:25:19.780 --> 01:25:26.180]  before the other side responds and it doesn't cost because no harm no foul the
[01:25:26.180 --> 01:25:32.500]  other side hasn't filed an answer so you haven't harmed them once they have filed
[01:25:32.500 --> 01:25:37.220]  a response then you can look at the response and you know you file a garbage
[01:25:37.220 --> 01:25:41.980]  suit and they file a response saying your honor this is suit is garbage you
[01:25:41.980 --> 01:25:46.940]  should throw it out and you file an amended pleading and you say your honor
[01:25:46.940 --> 01:25:57.340]  counsel's criticisms are well taken so in view of counsel's criticism we move
[01:25:57.340 --> 01:26:03.500]  the court to accept this amended pleading you get one amended pleading as a
[01:26:03.500 --> 01:26:11.820]  matter of course so you got rivity just don't let the clock run out file
[01:26:11.820 --> 01:26:20.180]  something okay all right that makes me feel a little more easy my second
[01:26:20.180 --> 01:26:24.700]  question I had a little more fun when I was listening to you guys quite a bit
[01:26:24.700 --> 01:26:29.220]  you used to use terms with dealing with the police quote-unquote agitated as one
[01:26:29.220 --> 01:26:36.740]  of the specific terms for their language I'm I met a person at a training in
[01:26:36.740 --> 01:26:42.900]  out of Florida for health issues and it's a pretty significant school for
[01:26:42.900 --> 01:26:47.980]  healing and because of the nature that there's always issues with people who
[01:26:47.980 --> 01:26:53.620]  are kind of on their deathbed coming for it last last hopes and there's some
[01:26:53.620 --> 01:26:57.660]  legal coaching pretty minor but some legal coaching on how to deal with the
[01:26:57.660 --> 01:27:02.740]  last back and and this one guy came to the training with his own approach he's
[01:27:02.740 --> 01:27:10.820]  somehow unraveled some negotiation legal I don't know what you want to call it
[01:27:10.820 --> 01:27:13.260]  I would have called you up anyway he's been pretty successful with the
[01:27:13.260 --> 01:27:19.860]  negotiation standpoint and bringing the public suits and arguments back into the
[01:27:19.860 --> 01:27:25.180]  private but I've been talking to him about some various things and also
[01:27:25.180 --> 01:27:30.140]  related to you know the virus and vaccines and Randy I'm curious if you
[01:27:30.140 --> 01:27:34.460]  remember if you know some of the jargon that's used in military just in case so
[01:27:34.460 --> 01:27:40.660]  we know what their language is that they take very specifically on those yes I
[01:27:40.660 --> 01:27:50.300]  need context but yes I I am very familiar with military bearing okay well
[01:27:50.300 --> 01:27:54.340]  just like the simple term with the police that they somehow even get
[01:27:54.340 --> 01:27:58.180]  slightly out of line our word for that is agitated that's their word their
[01:27:58.180 --> 01:28:03.700]  language that that takes them off guard right what would it be in the context
[01:28:03.700 --> 01:28:10.180]  when the military is coming at the civilians thing you must do this because
[01:28:10.180 --> 01:28:15.260]  they have orders to force you to do that such as vaccinations and things like
[01:28:15.260 --> 01:28:22.900]  that generally when you're dealing with military personnel you never want to
[01:28:22.900 --> 01:28:29.660]  deal with the actor you're a civilian when I was in the military if we had a
[01:28:29.660 --> 01:28:33.100]  general coming down to the base boy everybody was hopping and jumping they
[01:28:33.100 --> 01:28:38.380]  had to make sure everything on the base was perfect it could not be one tall
[01:28:38.380 --> 01:28:43.140]  blade of grass or somebody had to run out there and snip it every every cigarette
[01:28:43.140 --> 01:28:48.340]  but everything had to be perfect it was only one person on the base they're more
[01:28:48.340 --> 01:28:55.120]  afraid of than the general and that's the civilian because the civilian is the
[01:28:55.120 --> 01:28:59.940]  only one who could charge into the general's office and crawl down his
[01:28:59.940 --> 01:29:06.700]  throat stomping his feet all the way everybody was terrified of a
[01:29:06.700 --> 01:29:16.180]  knowledgeable civilian when I deal with military I'm dealing whoever I'm dealing
[01:29:16.180 --> 01:29:22.020]  here with they're the chumps at the bottom I am the civilian I am the
[01:29:22.020 --> 01:29:27.100]  master of the servant I go to the top I want to talk to the general the base
[01:29:27.100 --> 01:29:31.300]  commander the squadron commander I'll crawl down his throat when I get done
[01:29:31.300 --> 01:29:36.820]  with him this guy on the bottom is toast so never deal with the guy you're
[01:29:36.820 --> 01:29:43.740]  dealing with ask him for his chain of command and go at least three to four
[01:29:43.740 --> 01:29:49.380]  levels up hang on that to go to our sponsors I'll explain a little bit more
[01:29:49.380 --> 01:29:52.980]  about that when we come back when to kelton Brett fountain wheeled our
[01:29:52.980 --> 01:30:01.180]  radio I call it number 512646 1984 we'll be right back
[01:30:01.180 --> 01:30:07.220]  sorry soft drink lovers even diet drinks can make you fat a new study shows the
[01:30:07.220 --> 01:30:10.820]  diet soda drinkers gain much more weight than people who avoid the stuff
[01:30:10.820 --> 01:30:13.820]  I'll get your account for an all-bright and I'll be back in a moment with the
[01:30:13.820 --> 01:30:19.860]  scoop on supposedly skinny sodas privacy is under attack when you give up data
[01:30:19.860 --> 01:30:23.900]  about yourself you'll never get it back again and once your privacy is gone
[01:30:23.900 --> 01:30:28.940]  you'll find your freedoms will start to vanish too so protect your rights say
[01:30:28.940 --> 01:30:33.580]  no to surveillance and keep your information to yourself privacy it's
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[01:30:48.020 --> 01:30:53.260]  and help you lose weight right wrong researchers at UT San Antonio followed
[01:30:53.260 --> 01:30:57.340]  hundreds of diet soda drinkers for nearly a decade they found that regularly
[01:30:57.340 --> 01:31:01.980]  drinking diet soda expanded people's waistlines five times more than no soda
[01:31:01.980 --> 01:31:06.580]  at all the study's authors say artificial sweeteners triggered the appetite but
[01:31:06.580 --> 01:31:10.860]  unlike regular sugars don't deliver anything to squelch it waking up hunger
[01:31:10.860 --> 01:31:14.940]  without satisfying it leads to cravings which can result in a larger overall
[01:31:14.940 --> 01:31:19.500]  calorie intake so use natural sweeteners to maintain a healthy weight and if you
[01:31:19.500 --> 01:31:23.260]  need to shed some pounds avoid the sweet stuff all together and drink water
[01:31:23.260 --> 01:31:28.100]  instead dr. Catherine Albrecht more news and information at Catherine Albrecht
[01:31:28.100 --> 01:31:34.740]  dot com this is building seven a 47 story skyscraper that fell on the
[01:31:34.740 --> 01:31:37.820]  afternoon of September 11 the government says that fire brought it down
[01:31:37.820 --> 01:31:43.100]  however 1500 architects and engineers concluded it was a controlled demolition
[01:31:43.100 --> 01:31:46.860]  over 6,000 my fellow service members have given their lives thousands of my
[01:31:46.860 --> 01:31:50.700]  fellow first responders of dying I'm not a conspiracy theorist structural
[01:31:50.700 --> 01:31:54.340]  engineer in New York City correctional I'm an Air Force pilot I'm a father who
[01:31:54.340 --> 01:31:58.740]  lost his son we're Americans and we deserve the truth go to remember
[01:31:58.740 --> 01:32:04.740]  building 7.org today rule law radio is proud to offer the rule of law traffic
[01:32:04.740 --> 01:32:08.420]  similar in today's America we live in us against them society if we the people
[01:32:08.420 --> 01:32:11.380]  are ever going to have a free society then we're going to have to stand and
[01:32:11.380 --> 01:32:15.020]  defend our own rights among those rights or the right to travel freely from place
[01:32:15.020 --> 01:32:18.180]  to place right to act in our own private capacity and most importantly the
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[01:33:00.580 --> 01:33:27.780]  looking for some truth you found it logos radio network.com
[01:33:30.580 --> 01:33:57.540]  okay we are back Randy Kelsen Brett Fountain rule law radio and Chris you
[01:33:57.540 --> 01:34:03.460]  were dealing are you dealing with military. No we're we're kind of a part of
[01:34:03.460 --> 01:34:08.580]  a school of people that thinks a little ahead down the road and just because of
[01:34:08.580 --> 01:34:12.980]  what we were dealing with there were a lot of concerned people in the in the
[01:34:12.980 --> 01:34:16.380]  crowd that were dealing with vaccines for their own kids in schools and so they
[01:34:16.380 --> 01:34:21.660]  were getting some kind of some guidance from this young man on how to speak and
[01:34:21.660 --> 01:34:25.020]  start a negotiation as opposed to fighting them because once they fight it's
[01:34:25.020 --> 01:34:30.620]  even more reason for them to force the vaccination so we're kind of doing this
[01:34:30.620 --> 01:34:40.300]  broadly to be prepared can can you get that person in contact with me I could
[01:34:40.300 --> 01:34:47.940]  yes you know as you know I've been doing this for a long time and one thing I
[01:34:47.940 --> 01:34:55.380]  have discovered as much as I fight the system we're not going to beat the
[01:34:55.380 --> 01:35:02.780]  system fighting it I'm working on a procedure now where I smooth these
[01:35:02.780 --> 01:35:08.820]  lawyers into using my tools on the premise that is good for them of going
[01:35:08.820 --> 01:35:13.500]  to county commissioners courts and asking counter commissioners courts to pay
[01:35:13.500 --> 01:35:21.340]  defense counsel more money and why on earth would I do a thing like that well
[01:35:21.340 --> 01:35:29.900]  because if the defense counsel gets paid based on how much time they saved the
[01:35:29.900 --> 01:35:36.060]  person from jail at $59 a day they say the county commissioners court a lot of
[01:35:36.060 --> 01:35:40.580]  money so if they get six months knocked off the guy's sentence they just saved
[01:35:40.580 --> 01:35:45.380]  the county commissioners court 10 grand so I'm asking the county commissioners
[01:35:45.380 --> 01:35:52.980]  court to pay him a thousand payment 10% keep the other 90 that may fix the
[01:35:52.980 --> 01:35:59.580]  problem that we're having without us doing anything and I'm talking to some
[01:35:59.580 --> 01:36:03.180]  people now that want me to help them with foreclosure issues who they're
[01:36:03.180 --> 01:36:09.420]  trying to do a short sale and the bank won't give them a good deal so they want
[01:36:09.420 --> 01:36:14.900]  me to craft a lawsuit and they asked me well how many times have you ever won a
[01:36:14.900 --> 01:36:20.580]  suit like this never not ever I helped over 700 people file federal lawsuits
[01:36:20.580 --> 01:36:24.900]  you never went well then why would you follow the lawsuit it's all about the
[01:36:24.900 --> 01:36:31.100]  money it's all about costing them a lot of money so what you do is you make up
[01:36:31.100 --> 01:36:36.540]  this really horrible ugly nasty suit you may then you go in as a pro saying you
[01:36:36.540 --> 01:36:41.580]  do every stink and rotten low-down dirty trick you can think of and then you
[01:36:41.580 --> 01:36:48.580]  move the court to order mediation then you go hire a lawyer for this singular
[01:36:48.580 --> 01:36:56.820]  purpose of mediating the dispute and send the lawyer in to pull the dirty rotten
[01:36:56.820 --> 01:37:02.420]  pro say off the poor mistreated bank lawyers that's the only way we're going
[01:37:02.420 --> 01:37:11.500]  to win these cases so we got somebody who understands the mediation process how
[01:37:11.500 --> 01:37:16.820]  do we set it up I'm very much like to talk to this guy he understands the
[01:37:16.820 --> 01:37:23.820]  realities of the real world this is how you win he refuses to allow it to stay
[01:37:23.820 --> 01:37:28.220]  in the public sector every angle that he tries to do is to take it out of the
[01:37:28.220 --> 01:37:32.940]  public and back into the private and show that this has been a mutual negotiation
[01:37:32.940 --> 01:37:37.940]  agreement and that the other party has basically refused to be mutual and
[01:37:37.940 --> 01:37:41.300]  amicable and therefore if it ever gets back into the court judge sees the
[01:37:41.300 --> 01:37:46.860]  record of the refused negotiation and he says it's never it's never failed okay
[01:37:46.860 --> 01:37:55.380]  I think I think I know what you mean when you say public to private will you
[01:37:55.380 --> 01:37:59.900]  explain to everyone what you mean by that in legal reform we get a lot of
[01:37:59.900 --> 01:38:07.020]  stuff about public and private and most of it I get a bunch of Patriot
[01:38:07.020 --> 01:38:12.860]  mythologists who don't understand the difference and it's relatively simple
[01:38:12.860 --> 01:38:17.340]  and you have you addressed it I think perfectly for people to understand the
[01:38:17.340 --> 01:38:22.700]  difference between public and private so from what I understand simply it's just
[01:38:22.700 --> 01:38:27.660]  this everything is a private matter and it's between two people or two parties
[01:38:27.660 --> 01:38:33.220]  or what have you and it's always between that it only goes public when one of
[01:38:33.220 --> 01:38:37.780]  those parties is refusing to act you know in honor of the other private
[01:38:37.780 --> 01:38:40.780]  citizen and that's when the courts get involved and that's the only reason that
[01:38:40.780 --> 01:38:44.380]  the courts are essentially we're there from my understanding is because people
[01:38:44.380 --> 01:38:51.820]  were not acting in honor of their fellow brothers so the judge is just there to
[01:38:51.820 --> 01:38:55.140]  kind of oversee two kids on the playground who are just not getting
[01:38:55.140 --> 01:39:00.780]  along you know and don't know how to get along but that is that is about the
[01:39:00.780 --> 01:39:08.500]  most succinct explanation of the difference I think I've ever heard yes
[01:39:08.500 --> 01:39:13.820]  that is the difference when we are dealing one person with the other we
[01:39:13.820 --> 01:39:19.340]  are in the private if you want to really understand the difference between the
[01:39:19.340 --> 01:39:25.220]  private and the public talk to the Amish the Amish really understand when
[01:39:25.220 --> 01:39:29.660]  they're in the public and when they're in the private and and this is it you you
[01:39:29.660 --> 01:39:38.140]  do your business so that you stay away from anyone with authority and it's
[01:39:38.140 --> 01:39:44.380]  taking me a long time to learn that but if I want to beat the banks we're gonna
[01:39:44.380 --> 01:39:50.740]  have to make a deal if you have a prosecutor coming at you if you're not
[01:39:50.740 --> 01:39:57.220]  absolutely squeaky clean and you are willing to fight them until hell freezes
[01:39:57.220 --> 01:40:04.900]  over make a deal get your liberty safe don't be bashful about making a deal
[01:40:04.900 --> 01:40:08.740]  if it goes to your liberty once you've made a deal you can come back and find
[01:40:08.740 --> 01:40:13.180]  them all you want to if you're going to this to the civil courts we say on this
[01:40:13.180 --> 01:40:22.020]  show you should never expect to win your case in the trial court the only place
[01:40:22.020 --> 01:40:27.220]  in the purpose in the trial courts set the record for appeal and let me add
[01:40:27.220 --> 01:40:35.940]  something to that the only reason you are setting the record for appeal is to
[01:40:35.940 --> 01:40:41.380]  demonstrate to the lawyers on the other side that you're preparing to force them
[01:40:41.380 --> 01:40:47.700]  into the appellate court and thereby cost them a lot more money it's all about
[01:40:47.700 --> 01:40:56.380]  the money everything you do in your case should be for the purpose of setting the
[01:40:56.380 --> 01:41:06.340]  other side up to make a deal does that make sense Chris absolutely absolutely
[01:41:06.340 --> 01:41:10.500]  so I would like to talk to this guy he may have some trips and traps that we
[01:41:10.500 --> 01:41:16.220]  don't know about yet yeah I've actually mentioned you guys and and I think he's
[01:41:16.220 --> 01:41:20.620]  he's willing to share he's kind of blown up and it was unexpected he's been
[01:41:20.620 --> 01:41:23.820]  kind of studying this on his own for quite a while and implementing in his own
[01:41:23.820 --> 01:41:28.340]  life and then he shared it at class and it took over literally after the class
[01:41:28.340 --> 01:41:31.980]  25% stayed with him the rest of the thing so it struck a chord it's pretty
[01:41:31.980 --> 01:41:38.620]  interesting stuff I'll be happy to Randi I'll try to arrange that good because
[01:41:38.620 --> 01:41:44.380]  that is really really good advice you know we come in and we feel like we've
[01:41:44.380 --> 01:41:49.420]  been mistreated and we rise up and we rail in righteous indignation about the
[01:41:49.420 --> 01:41:56.020]  inequity of it all well yeah maybe but life is tough bad things happen deal with
[01:41:56.020 --> 01:42:04.660]  it at the end of the day the best thing we can do is craft our practices and
[01:42:04.660 --> 01:42:11.460]  procedures in a way that we can bring the other side to the table get them out
[01:42:11.460 --> 01:42:17.980]  of the public back into the private make a deal let's all go home that's my
[01:42:17.980 --> 01:42:23.340]  story now they can do it okay I kind of bushwhacked you and sometimes I have to
[01:42:23.340 --> 01:42:27.900]  explain what I'm doing here when someone brings up something that's very good
[01:42:27.900 --> 01:42:34.220]  information I often digress so that I'm talking to everybody else who does it
[01:42:34.220 --> 01:42:38.700]  necessarily understand what you're talking about I want to make sure
[01:42:38.700 --> 01:42:42.140]  everybody's up to speed and that's why I've kind of digression use of some time
[01:42:42.140 --> 01:42:48.860]  that way okay back to your issue Chris so I'll connect you guys and we'll take
[01:42:48.860 --> 01:42:52.980]  on the military stuff later because it's gonna involve he and I and and very
[01:42:52.980 --> 01:42:56.060]  likely some advice from you on that part so it looks like that'll that'll take
[01:42:56.060 --> 01:43:01.220]  care of itself behind the scenes that was pretty much all I had until you were
[01:43:01.220 --> 01:43:07.700]  talking to Jeff he said some things recent in that in that last little bit
[01:43:07.700 --> 01:43:14.140]  that are very interesting I am I have a friend of mine who's in his 80s and we
[01:43:14.140 --> 01:43:19.980]  were starting a business several years ago and we're got partial funding went
[01:43:19.980 --> 01:43:23.500]  down the road and we hit a kind of roadblock somewhere in there and one of
[01:43:23.500 --> 01:43:28.100]  the people that puts the money into it at one point she got into deep trouble I
[01:43:28.100 --> 01:43:32.020]  don't know she's a she's an immigrant and we don't know the full story but she
[01:43:32.020 --> 01:43:37.460]  decided to take it out all on him and his family have some money but took it
[01:43:37.460 --> 01:43:45.020]  all on him and filed a federal lawsuit and we found out about it in the papers
[01:43:45.020 --> 01:43:54.500]  we didn't even know was coming and oh yeah yeah it's really interesting federal
[01:43:54.500 --> 01:44:01.580]  courts are different than the state courts well now through advances in
[01:44:01.580 --> 01:44:06.140]  technology our lives have greatly improved except in the area of nutrition
[01:44:06.140 --> 01:44:10.580]  people feed their pets better than they feed themselves and it's time we changed
[01:44:10.580 --> 01:44:15.260]  all that our primary defense against aging and disease in this toxic
[01:44:15.260 --> 01:44:19.580]  environment is good nutrition in a world where natural foods have been
[01:44:19.580 --> 01:44:24.980]  radiated adulterated and mutilated young Jevity can provide the nutrients you
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[01:45:54.980 --> 01:46:13.100]  and click on the banner are called toll-free 866 law easy
[01:46:24.980 --> 01:46:33.840]  yeah
[01:46:54.980 --> 01:47:18.740]  Okay, we were having too much fun on the break.
[01:47:18.740 --> 01:47:25.740]  You guys should hear what goes on on the break.
[01:47:25.740 --> 01:47:28.740]  No, maybe you shouldn't.
[01:47:28.740 --> 01:47:29.740]  Okay.
[01:47:29.740 --> 01:47:31.740]  Well, you were talking when we went out.
[01:47:31.740 --> 01:47:35.740]  You were talking about somebody getting sued in the federal court.
[01:47:35.740 --> 01:47:36.740]  Yes.
[01:47:36.740 --> 01:47:37.740]  Right.
[01:47:37.740 --> 01:47:38.740]  Okay.
[01:47:38.740 --> 01:47:43.740]  They sued this person in the federal court and they sued by publication.
[01:47:43.740 --> 01:47:45.740]  They didn't give him notice.
[01:47:45.740 --> 01:47:46.740]  Right.
[01:47:46.740 --> 01:47:51.740]  So what she did is she, first of all, I was omitted from the suit even though it was my
[01:47:51.740 --> 01:47:52.740]  company.
[01:47:52.740 --> 01:47:55.740]  Oh, this is good.
[01:47:55.740 --> 01:47:56.740]  This is good.
[01:47:56.740 --> 01:47:59.740]  Hold on.
[01:47:59.740 --> 01:48:00.740]  Okay.
[01:48:00.740 --> 01:48:02.740]  I'm sorry.
[01:48:02.740 --> 01:48:04.740]  They didn't.
[01:48:04.740 --> 01:48:05.740]  It's your company.
[01:48:05.740 --> 01:48:06.740]  They didn't sue you.
[01:48:06.740 --> 01:48:07.740]  They sued the other person.
[01:48:07.740 --> 01:48:13.740]  Did they sue the other person for something so specific and individual that it didn't
[01:48:13.740 --> 01:48:15.740]  involve the company?
[01:48:15.740 --> 01:48:18.740]  She just sued everybody that was related to him.
[01:48:18.740 --> 01:48:23.740]  His own company himself and my company that we both owned.
[01:48:23.740 --> 01:48:27.740]  So, but yeah, it was all three of those parties.
[01:48:27.740 --> 01:48:28.740]  Him as an individual.
[01:48:28.740 --> 01:48:29.740]  Wait, wait, wait.
[01:48:29.740 --> 01:48:31.740]  How long ago?
[01:48:31.740 --> 01:48:35.740]  Just past two years ago.
[01:48:35.740 --> 01:48:36.740]  Two years.
[01:48:36.740 --> 01:48:38.740]  Is it still in court?
[01:48:38.740 --> 01:48:39.740]  Right.
[01:48:39.740 --> 01:48:42.740]  So it took a year because the federal court was so backed up.
[01:48:42.740 --> 01:48:45.740]  In my opinion, I think the federal judge, she was just like, I don't even want to look
[01:48:45.740 --> 01:48:46.740]  at this.
[01:48:46.740 --> 01:48:50.740]  And when she finally got around to it, she said, this doesn't belong here.
[01:48:50.740 --> 01:48:54.740]  You filed it wrong and there's improper jurisdiction.
[01:48:54.740 --> 01:49:00.740]  They messed with addresses to get it into the federal court, you know, to make it.
[01:49:00.740 --> 01:49:03.740]  So she pulled the suit out.
[01:49:03.740 --> 01:49:05.740]  The judge didn't dismiss it necessarily.
[01:49:05.740 --> 01:49:09.740]  She gave the other attorney the opportunity to pull it out and put it in state level,
[01:49:09.740 --> 01:49:11.740]  which she did, county level.
[01:49:11.740 --> 01:49:14.740]  And that was still going there and going for a year.
[01:49:14.740 --> 01:49:15.740]  Okay.
[01:49:15.740 --> 01:49:16.740]  Okay.
[01:49:16.740 --> 01:49:17.740]  Did you sue for sanctions?
[01:49:17.740 --> 01:49:22.740]  Well, I'm trying my best to get involved, but he doesn't.
[01:49:22.740 --> 01:49:23.740]  Oh, that's easy.
[01:49:23.740 --> 01:49:24.740]  For some reason.
[01:49:24.740 --> 01:49:25.740]  Yeah.
[01:49:25.740 --> 01:49:30.740]  And you just file a petition in intervention.
[01:49:30.740 --> 01:49:36.740]  You file as an intervener.
[01:49:36.740 --> 01:49:39.740]  You have an interest in the case.
[01:49:39.740 --> 01:49:40.740]  I do.
[01:49:40.740 --> 01:49:41.740]  Oh yeah.
[01:49:41.740 --> 01:49:42.740]  So you follows it.
[01:49:42.740 --> 01:49:49.740]  They, you do a challenge subject matter jurisdiction.
[01:49:49.740 --> 01:50:00.740]  If they failed to include all interested parties, then they were unable to invoke subject matter
[01:50:00.740 --> 01:50:05.740]  jurisdiction of the court.
[01:50:05.740 --> 01:50:08.740]  Leslie bad grandma.
[01:50:08.740 --> 01:50:12.740]  She's in Arizona right now for closure issue.
[01:50:12.740 --> 01:50:14.740]  They sued her.
[01:50:14.740 --> 01:50:16.740]  They did not sue her husband.
[01:50:16.740 --> 01:50:18.740]  She fought them for five or six years.
[01:50:18.740 --> 01:50:24.740]  And then the court dismissed the whole thing for failure to include a necessary party.
[01:50:24.740 --> 01:50:32.740]  When Leslie was beginning to beat them, then he dismissed because they failed to include her husband.
[01:50:32.740 --> 01:50:41.740]  They have to include all interested parties and if you are the owner of one of the businesses soon, you're an interested party.
[01:50:41.740 --> 01:50:48.740]  So when she filed at the second time back in the lower level court, she filed the exact same suit.
[01:50:48.740 --> 01:50:49.740]  And this is the interesting part.
[01:50:49.740 --> 01:50:50.740]  The reason I'm asking the question.
[01:50:50.740 --> 01:50:52.740]  I'll get to that.
[01:50:52.740 --> 01:50:59.740]  She did an amended one this time and the judge threw it out and apparently the amended suit had everybody's name on it.
[01:50:59.740 --> 01:51:00.740]  Okay.
[01:51:00.740 --> 01:51:01.740]  Hold on.
[01:51:01.740 --> 01:51:11.740]  She filed an amended and the judge threw it out yet first suit second amended suit.
[01:51:11.740 --> 01:51:16.740]  The second amended one after the well, there was a first one in federal and now we're back in the state.
[01:51:16.740 --> 01:51:23.740]  She filed the first one there and then she did an amended in the state level and the judge didn't accept the amended.
[01:51:23.740 --> 01:51:24.740]  Correct.
[01:51:24.740 --> 01:51:25.740]  Okay.
[01:51:25.740 --> 01:51:27.740]  So you're still on the first suit.
[01:51:27.740 --> 01:51:28.740]  Yes.
[01:51:28.740 --> 01:51:30.740]  Okay.
[01:51:30.740 --> 01:51:31.740]  Go ahead.
[01:51:31.740 --> 01:51:34.740]  I'm just trying to make sure I keep oriented.
[01:51:34.740 --> 01:51:35.740]  Okay.
[01:51:35.740 --> 01:51:40.740]  My name was on the second one, but apparently he just, he doesn't like, nobody likes this lawyer.
[01:51:40.740 --> 01:51:43.740]  She's pretty gross, but back to the original part.
[01:51:43.740 --> 01:51:48.740]  Like I've been, I've just been wanting to pull my hair out for two years because I can't get involved.
[01:51:48.740 --> 01:51:54.740]  I did, I did volunteer and I got to the deposition and I wanted her, you know, I pushed back the entire time.
[01:51:54.740 --> 01:52:01.740]  But she's just, he's real sleazy and we know that and if we knew that from beginning, what she did is she made up allegations.
[01:52:01.740 --> 01:52:14.740]  She made a tax about, this is all about fraud and then she even made allegations of tax fraud because my partner is also a tax repairer.
[01:52:14.740 --> 01:52:16.740]  That's what his business did.
[01:52:16.740 --> 01:52:20.740]  And so she made all these allegations so she could get the IRS on him.
[01:52:20.740 --> 01:52:27.740]  Basically, this is all pressure to, to, you know, extort money out of him and his family, but she's doing it behind the guys of legal protection.
[01:52:27.740 --> 01:52:28.740]  Okay, hold on.
[01:52:28.740 --> 01:52:29.740]  Hold on.
[01:52:29.740 --> 01:52:32.740]  She made allegations of tax fraud.
[01:52:32.740 --> 01:52:33.740]  Right.
[01:52:33.740 --> 01:52:34.740]  And relevance.
[01:52:34.740 --> 01:52:40.740]  How are, how is that relevant to the case you're in?
[01:52:40.740 --> 01:52:50.740]  The person who's suing him got interested in this other business we were doing and she put up some money and she also participated in the building of the business in the beginning.
[01:52:50.740 --> 01:52:55.740]  And he's prepared her tax, helped her prepare her taxes in the past for many years.
[01:52:55.740 --> 01:52:57.740]  He does this, this business.
[01:52:57.740 --> 01:52:59.740]  But that's how they knew each other and he was, he was a friend.
[01:52:59.740 --> 01:53:01.740]  Okay, no, no, no, no.
[01:53:01.740 --> 01:53:04.740]  The current suit.
[01:53:04.740 --> 01:53:14.740]  What does the alleged tax fraud have to do with the current suit?
[01:53:14.740 --> 01:53:15.740]  It doesn't.
[01:53:15.740 --> 01:53:23.740]  So it was just something she threw in there in the original federal suit to get it in the newspaper.
[01:53:23.740 --> 01:53:26.740]  So did you sue for, for slander?
[01:53:26.740 --> 01:53:40.740]  He needs to file a countersuit for slander against the lawyer.
[01:53:40.740 --> 01:53:48.740]  If the lawyer wants to raise the stakes, turn about spare play.
[01:53:48.740 --> 01:53:56.740]  Go for the lawyer herself and if she's a, if she's a sleazy lawyer, she's probably doesn't have many friends.
[01:53:56.740 --> 01:54:00.740]  Have you, has he bar grieved the lawyer?
[01:54:00.740 --> 01:54:02.740]  No.
[01:54:02.740 --> 01:54:06.740]  Have him bar grieve the lawyer every time she squeaks.
[01:54:06.740 --> 01:54:13.740]  Ask for sanctions every time she files a pleading.
[01:54:13.740 --> 01:54:19.740]  You know, if I want to be used dirty rotten lowdown tricks, we got a few.
[01:54:19.740 --> 01:54:21.740]  Well, I'd like to.
[01:54:21.740 --> 01:54:24.740]  What's, what's, what's, is she in Colorado?
[01:54:24.740 --> 01:54:26.740]  Yes.
[01:54:26.740 --> 01:54:37.740]  And file a grievance bar grievance, not with the Colorado bar, but with the Colorado Supreme Court.
[01:54:37.740 --> 01:54:46.740]  The Colorado bar will tell you you should file them with the Colorado bar liar, liar, pants on fire grievances against lawyers in Colorado.
[01:54:46.740 --> 01:54:49.740]  Go to the Colorado Supreme.
[01:54:49.740 --> 01:54:57.740]  So start peppering the Supreme with bar grievances against this lawyer.
[01:54:57.740 --> 01:55:00.740]  But this other guy.
[01:55:00.740 --> 01:55:06.740]  Is he aggressive?
[01:55:06.740 --> 01:55:10.740]  He's almost 82. So yes and no.
[01:55:10.740 --> 01:55:12.740]  He's the sharpest 82 year old guy.
[01:55:12.740 --> 01:55:15.740]  Hey, hey, hey, you know, you're talking to someone who's 70.
[01:55:15.740 --> 01:55:17.740]  Be careful out here.
[01:55:17.740 --> 01:55:21.740]  He's stepping in deep water here.
[01:55:21.740 --> 01:55:23.740]  We don't get older.
[01:55:23.740 --> 01:55:25.740]  We get better.
[01:55:25.740 --> 01:55:26.740]  Yes.
[01:55:26.740 --> 01:55:27.740]  Okay.
[01:55:27.740 --> 01:55:38.740]  He's set in, he has expectations of justice and fair dealing and that will handicap him big time.
[01:55:38.740 --> 01:55:49.740]  He also knows, he also studied a law back in the day, he got kind of a degree and it 30 years ago on some level, but it wasn't like full on, you know, law school.
[01:55:49.740 --> 01:55:57.740]  So he knows a lot about the law and I think that's what's handicapping and to be honest, because he's pushing back pro se now.
[01:55:57.740 --> 01:56:02.740]  I mean, just just driving her crazy, but he's as far as being aggressive.
[01:56:02.740 --> 01:56:05.740]  No, I would have to say no, because I'm agreeing with you, Randy.
[01:56:05.740 --> 01:56:11.740]  I wanted to do all these things and put stuff putting heat on her from every agency possible.
[01:56:11.740 --> 01:56:15.740]  Okay, just file as an intervener.
[01:56:15.740 --> 01:56:18.740]  That'll bring you into the case.
[01:56:18.740 --> 01:56:19.740]  Okay.
[01:56:19.740 --> 01:56:20.740]  You're an interested party.
[01:56:20.740 --> 01:56:23.740]  You have a right to intervene in the case.
[01:56:23.740 --> 01:56:27.740]  And then you can beat him up all you want to.
[01:56:27.740 --> 01:56:30.740]  Okay.
[01:56:30.740 --> 01:56:34.740]  So look up intervention Colorado.
[01:56:34.740 --> 01:56:35.740]  Okay.
[01:56:35.740 --> 01:56:43.740]  You mentioned aggravated perjury in the Jeff comp in the just discussion, and that really got my attention.
[01:56:43.740 --> 01:56:47.740]  But it's not only for officials or cannot be anyone who files a document.
[01:56:47.740 --> 01:56:53.740]  A document filed by a lawyer is presumed to be under oath.
[01:56:53.740 --> 01:57:00.740]  So if the dog, if the lawyer lied and the live was material.
[01:57:00.740 --> 01:57:09.740]  Now those things you mentioned about the lawyer saying that he committed tax fraud and all that.
[01:57:09.740 --> 01:57:22.740]  That's if that if this case is not about tax fraud, then while it may be slanderous, it is not a material fact as concerns this case.
[01:57:22.740 --> 01:57:27.740]  And therefore it's not perjury.
[01:57:27.740 --> 01:57:39.740]  If if I sue you for being a bad accountant, and I claim that you are a bad accountant because you weigh 350 pounds.
[01:57:39.740 --> 01:57:42.740]  But you don't weigh 350 pounds.
[01:57:42.740 --> 01:57:47.740]  And even if you did weight 350 pounds wouldn't make any difference.
[01:57:47.740 --> 01:57:49.740]  Okay, that's a lie.
[01:57:49.740 --> 01:57:53.740]  But it's not perjury.
[01:57:53.740 --> 01:57:57.740]  Because if it's true or untrue, it's not relevant.
[01:57:57.740 --> 01:58:01.740]  Has to be material.
[01:58:01.740 --> 01:58:10.740]  If I accuse you of robbing a place and using a gun in the process and you didn't use a gun in the process.
[01:58:10.740 --> 01:58:13.740]  That's a material fact.
[01:58:13.740 --> 01:58:16.740]  That's aggravated perjury.
[01:58:16.740 --> 01:58:24.740]  If I accuse you of robbing a place and being fat at the time and not having your bridges zipped up.
[01:58:24.740 --> 01:58:27.740]  Well, that may not be true.
[01:58:27.740 --> 01:58:30.740]  But it doesn't matter because it's not material.
[01:58:30.740 --> 01:58:32.740]  Does that make sense?
[01:58:32.740 --> 01:58:33.740]  It does.
[01:58:33.740 --> 01:58:40.740]  So does that have to be proven or justified in a trial or can it be going to be challenged before trial?
[01:58:40.740 --> 01:58:46.740]  Here is one of the exclusion, one of the caveats to aggravated perjury.
[01:58:46.740 --> 01:58:50.740]  If the person has made...
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