[00:11.920 --> 00:21.000]  an ounce, silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.63 a barrel,
[00:21.000 --> 00:29.280]  Brent crude $62.47 a barrel, and crypto is in order of market cap, bitcoin core $10,566.52,
[00:29.280 --> 00:40.680]  ethereum $227.26, xrp ripple $0.33, litecoin $100.31, and bitcoin cash is at $324.10 a
[00:40.680 --> 00:42.680]  crypto coin.
[00:42.680 --> 00:52.480]  Today in history, the year 1916, the Preparedness Day bombing, a timed suitcase bomb was detonated
[00:52.480 --> 00:57.800]  on Market Street in San Francisco during the World War I Preparedness Day parade, killing
[00:57.800 --> 01:04.800]  10 and injuring 40.
[01:04.800 --> 01:09.440]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing hemp in
[01:09.440 --> 01:14.120]  a Texas law back in June, county prosecutors around the state, including Houston, Austin
[01:14.120 --> 01:18.080]  and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:18.080 --> 01:22.760]  new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:22.760 --> 01:24.720]  to test the herb for THC.
[01:24.720 --> 01:28.440]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.440 --> 01:33.320]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.320 --> 01:34.320]  law.
[01:34.320 --> 01:37.600]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.600 --> 01:42.080]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.080 --> 01:48.240]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works.
[01:48.240 --> 01:51.200]  As well as other cities, too, like the District Attorney.
[01:51.200 --> 01:57.040]  In El Paso, Jaime Esparza, a Democrat who also stated earlier this month that the law
[01:57.040 --> 02:01.640]  quote will not have an effect on the prosecution of marijuana cases in El Paso.
[02:01.640 --> 02:06.720]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.720 --> 02:11.080]  in Harris County who stated that quote, the law is constantly changing on what makes something
[02:11.080 --> 02:13.440]  illegal based on its chemical makeup.
[02:13.440 --> 02:17.360]  It's important that if someone is charged with something, the test matches what they're
[02:17.360 --> 02:22.600]  charged with.
[02:22.600 --> 02:27.260]  A paper by Tulane University identified a five and a half inch American pocket shark
[02:27.260 --> 02:32.680]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.680 --> 02:38.000]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.000 --> 02:39.280]  Pacific Ocean.
[02:39.280 --> 02:43.800]  According to the University paper, the shark secretes a luminous fluid from a gland near
[02:43.800 --> 02:45.640]  its front fins.
[02:45.640 --> 02:50.920]  For the purpose, it is hypothesized to lure and prey who may be drawn into the glow.
[02:50.920 --> 03:20.840]  This is Brooke Rode with your lowdown for July 22nd, 2019.
[03:20.920 --> 03:50.600]  Okay.
[03:50.600 --> 03:51.600]  Howdy, howdy.
[03:51.600 --> 04:04.440]  This is Randy Kelton, Brett Fountain on this Thursday, the seventh day of January 2021.
[04:04.440 --> 04:10.520]  And I know everybody's going to want to talk about what happened yesterday, but I've been
[04:10.520 --> 04:13.520]  talking about it all day.
[04:13.520 --> 04:18.240]  I am so depressed, I think I'm going to vomit.
[04:18.240 --> 04:22.280]  So I guess, let me turn the phone lines on.
[04:22.280 --> 04:24.720]  Make sure you've got your mask on for that.
[04:24.720 --> 04:30.740]  Yeah, let me put my mask on for this, because I'm talking to everybody.
[04:30.740 --> 04:35.920]  You might get COVID through the phone.
[04:35.920 --> 04:45.500]  I'm concerned that we got to witness the end of the Republic.
[04:45.500 --> 04:50.120]  And I don't see a way to fix it, it's just going to get worse.
[04:50.120 --> 04:54.680]  All these people who voted for Biden are going to get what they asked for.
[04:54.680 --> 04:55.680]  My son has-
[04:55.680 --> 04:58.760]  No, they're dead already, they don't mind.
[04:58.760 --> 05:01.320]  Yeah, that's right.
[05:01.320 --> 05:09.440]  Tina called me this morning and said she is so upset at her parents for voting for Biden,
[05:09.440 --> 05:13.080]  that she is never going to visit their grave again.
[05:13.080 --> 05:23.160]  Well, if I talk about it, I get too frustrated and angry.
[05:23.160 --> 05:27.320]  Why don't we just turn on the phone lines and see if some people have some-
[05:27.320 --> 05:30.240]  Help me out, folks.
[05:30.240 --> 05:31.240]  Court issues.
[05:31.240 --> 05:34.440]  Call in with something else.
[05:34.440 --> 05:40.460]  We're going to be plenty of talk about the political issues, and I need something else
[05:40.460 --> 05:41.460]  to talk about.
[05:41.460 --> 05:46.160]  Traffic tickets, records requests, judges to abuse.
[05:46.160 --> 05:50.360]  I am putting together, reworking the traffic site.
[05:50.360 --> 05:51.920]  I'm having a little trouble.
[05:51.920 --> 05:55.360]  I'm trying to push it into a database.
[05:55.360 --> 06:02.520]  I got the site itself back up and working and move the emails to one I can get to, and
[06:02.520 --> 06:05.560]  got everything working on that score.
[06:05.560 --> 06:14.800]  Now I'm going to try to push it into a database and use it as the prototype for the document
[06:14.800 --> 06:17.800]  production tool.
[06:17.800 --> 06:22.160]  The first set of documents should be easy enough.
[06:22.160 --> 06:31.920]  Right now, the system sends the file to me, and then I upload it into my software and
[06:31.920 --> 06:34.160]  the software merges it.
[06:34.160 --> 06:40.760]  Well, what I'm trying to do now is get the system to send it directly to the database
[06:40.760 --> 06:44.360]  and then just pull reports off the database.
[06:44.360 --> 06:55.240]  I want to use that to start taking these arguments that we have and take all of the pieces that
[06:55.240 --> 07:04.360]  are consistent to the parties, the jurisdiction, and the arguments that keep coming up and
[07:04.360 --> 07:09.100]  will put those arguments into a separate file.
[07:09.100 --> 07:12.920]  Each one will have their own file.
[07:12.920 --> 07:21.440]  Because what I'm figuring out with this questionnaire tool is that it really doesn't matter what
[07:21.440 --> 07:26.640]  the facts are that lead you to an issue.
[07:26.640 --> 07:34.160]  Like you were stopped by an officer and you were arrested.
[07:34.160 --> 07:41.080]  And did the officer personally see or hear the offense being committed?
[07:41.080 --> 07:50.360]  The only fact or question that is important to that is, did he see you're here?
[07:50.360 --> 07:53.920]  If you say yes, that's all we need.
[07:53.920 --> 07:59.480]  We don't need where you were at, where he was at, why he couldn't have seen you.
[07:59.480 --> 08:00.480]  We don't need all that.
[08:00.480 --> 08:08.960]  All we need is to say yes, or no, he did not see or hear the offense being committed.
[08:08.960 --> 08:09.960]  And that is-
[08:09.960 --> 08:15.240]  We need to know how rude we were, or how rude he was, or how offended we were, or anything
[08:15.240 --> 08:19.040]  like that, how bad we felt about it, or how we were laid, or anything like that.
[08:19.040 --> 08:20.560]  Yeah, that's exactly the point.
[08:20.560 --> 08:31.360]  I'm reading some suits, one out of Ohio and one out of New Mexico, where they sued, the
[08:31.360 --> 08:40.160]  one out of Ohio, they sued the, not the World Health Organization, but the health organization
[08:40.160 --> 08:42.560]  for the United States.
[08:42.560 --> 08:47.760]  The one out of New Mexico sued the state of New Mexico for the false reporting on the
[08:47.760 --> 08:57.560]  COVID issue, or they sued them for the restrictions that they placed on people.
[08:57.560 --> 09:11.920]  But they argued that the restrictions were not effective themselves, that the information
[09:11.920 --> 09:19.320]  they used to justify the restrictions was all false and fabricated.
[09:19.320 --> 09:23.440]  And I'm saying, what in the heck are you guys doing?
[09:23.440 --> 09:26.920]  Why are you arguing all that stuff?
[09:26.920 --> 09:31.680]  Giving them something else to distract themselves with.
[09:31.680 --> 09:36.880]  They're claiming that they violated the citizens' constitutional rights.
[09:36.880 --> 09:38.680]  All that stuff don't matter.
[09:38.680 --> 09:47.800]  I took one out of Texas, where a lawyer sued the mayor of Cleburne, and took his suit and
[09:47.800 --> 09:59.200]  stripped out everything about COVID, about why they were not justified, about the false
[09:59.200 --> 10:01.800]  information, strip all that out of there.
[10:01.800 --> 10:04.840]  If these guys wanna bring that up, let them.
[10:04.840 --> 10:09.880]  The only thing I'm putting in the suit, and I'm designing this to go online, so you can
[10:09.880 --> 10:16.040]  go online and answer a questionnaire and download a lawsuit and file it.
[10:16.040 --> 10:25.480]  All I'm saying is, is that the governor, the judge of the Court of Criminal Appeals, not
[10:25.480 --> 10:31.600]  Criminal Appeals, I'm sorry, the judge of the County Commissioner's Court, or the mayor,
[10:31.600 --> 10:35.120]  denied me in my constitutional rights.
[10:35.120 --> 10:46.000]  Denied me in my first, 14th, and what other amendment am I supposed to have in there?
[10:46.000 --> 10:48.920]  Primarily first and 14th, but there's another one that gets in there.
[10:48.920 --> 10:51.480]  I don't know what that judge did.
[10:51.480 --> 10:59.040]  And what all of these orders have done, they've denied us in our constitutional right to assemble.
[10:59.040 --> 11:05.840]  They've denied us in our right to equal protection of the laws, that's 14th.
[11:05.840 --> 11:10.160]  I don't care why they did it.
[11:10.160 --> 11:19.280]  They are state officers or officials, and they don't have power to do that, period.
[11:19.280 --> 11:25.880]  Now they argue this case out of Massachusetts, Jacobson case.
[11:25.880 --> 11:35.600]  So well, that case only goes to the legislature writing laws that violate our constitutional
[11:35.600 --> 11:36.600]  rights.
[11:36.600 --> 11:42.640]  And the courts rule that in certain circumstances in a emergency, that they could do that on
[11:42.640 --> 11:43.640]  a temporary basis.
[11:43.640 --> 11:49.600]  But they said the legislatures could do that, they didn't say anything about the governor
[11:49.600 --> 11:53.840]  or the County Commissioner's Court or the mayor.
[11:53.840 --> 12:00.200]  The governor swore to uphold the laws, it didn't have a little clause in there about
[12:00.200 --> 12:01.520]  he gets to invent laws.
[12:01.520 --> 12:04.600]  Yeah, unless it's inconvenient.
[12:04.600 --> 12:07.680]  He swore to uphold them, he doesn't get to write them.
[12:07.680 --> 12:14.560]  So when they start saying, well, there was a pandemic, I'm gonna say objection relevance.
[12:14.560 --> 12:17.840]  I am not bringing up that argument.
[12:17.840 --> 12:22.600]  Let them try to bring it up, and then they'll have to show how the argument's relevant.
[12:22.600 --> 12:27.880]  These other guys are throwing all that stuff in there, I said, guys, go to the issue.
[12:27.880 --> 12:33.000]  Go to the element that you're arguing, and don't argue anything but that element.
[12:33.000 --> 12:35.360]  All those facts don't matter.
[12:35.360 --> 12:40.340]  So I'm building a tool now, we take the argument.
[12:40.340 --> 12:46.800]  I've got one argument that a public official violated my rights.
[12:46.800 --> 12:50.840]  I don't care how he violated my constitutional rights.
[12:50.840 --> 12:57.080]  He arrested me and took me straight to jail, he violated my constitutional rights.
[12:57.080 --> 13:03.480]  I don't care why he took me straight to jail, he was supposed to take me to a magistrate.
[13:03.480 --> 13:04.480]  That's all that matters.
[13:04.480 --> 13:10.040]  And he'll say, well, we have this policy, this is how we do it, blah, blah, blah.
[13:10.040 --> 13:12.040]  Okay, who cares?
[13:12.040 --> 13:13.040]  Objection relevance.
[13:13.040 --> 13:16.360]  Well, there was a pandemic, objection relevance.
[13:16.360 --> 13:21.160]  Well, there was a flood, objection relevance.
[13:21.160 --> 13:26.280]  The argument is always, the issue's always the same.
[13:26.280 --> 13:33.080]  A state official has no power to breach a federal constitutional right, period.
[13:33.080 --> 13:36.880]  Don't care what you do, always argue from that perspective.
[13:36.880 --> 13:43.360]  An officer who makes an onsite arrest by statute must take you directly to the nearest magistrate.
[13:43.360 --> 13:45.000]  I don't care why you didn't.
[13:45.000 --> 13:50.040]  And they're gonna say, well, this case law that says this, that, or that, okay, bring
[13:50.040 --> 13:52.020]  in that case law.
[13:52.020 --> 13:55.880]  And I'll argue that the case law doesn't apply and you argue that it does.
[13:55.880 --> 14:01.000]  If there's case law that says you can violate a constitutional right or a statutorily guaranteed
[14:01.000 --> 14:06.880]  right, then bring it on.
[14:06.880 --> 14:12.280]  But I'm gonna object to it, you're gonna have to show why it's relevant.
[14:12.280 --> 14:24.480]  So we will build a whole set of arguments for all of the issues and then we ask questions.
[14:24.480 --> 14:33.300]  The right to freedom of religion, that's one of the main ones.
[14:33.300 --> 14:44.160]  When they ordered the churches, we got a good Supreme Court ruling recently over some Islamic
[14:44.160 --> 14:52.740]  and an exotic group that were put on the no-fly list because they wouldn't act as informers
[14:52.740 --> 14:54.680]  on other Islamic groups.
[14:54.680 --> 15:00.180]  And they took it supreme and the supreme said, yeah, you can sue the guys personally for
[15:00.180 --> 15:01.180]  doing that.
[15:01.180 --> 15:07.620]  Because I had been looking at cases where they were whittling it away at your right
[15:07.620 --> 15:12.220]  to sue public officials, they just reasserted it.
[15:12.220 --> 15:16.040]  So now we can go after them directly.
[15:16.040 --> 15:23.040]  Like the mayor, like the governor himself, we go after him personally.
[15:23.040 --> 15:26.600]  And that's another problem, they're suing the office holder.
[15:26.600 --> 15:29.440]  No, no, no, no.
[15:29.440 --> 15:36.520]  He didn't do that under his authority as a mayor or a county commissioners court judge
[15:36.520 --> 15:41.360]  or governor, cuz they don't have that authority.
[15:41.360 --> 15:42.360]  Wouldn't be in his purview.
[15:42.360 --> 15:43.360]  Exactly.
[15:43.360 --> 15:47.660]  And if they were, he'd be immune from suit.
[15:47.660 --> 15:56.040]  But since it's outside of scope, that's how you argue suing a public official personally.
[15:56.040 --> 16:03.180]  To make claims that his acts were outside of scope, Brett got a information request
[16:03.180 --> 16:10.360]  answer from the sheriff saying that he has no records relating to the training of his
[16:10.360 --> 16:15.040]  officers in arrest procedures.
[16:15.040 --> 16:25.060]  So the officer makes an arrest and on his own volition ignores 14.03 and takes the person
[16:25.060 --> 16:26.880]  directly to jail.
[16:26.880 --> 16:30.200]  The sheriff threw him under the bus.
[16:30.200 --> 16:33.200]  Where did you get authority to do that?
[16:33.200 --> 16:37.280]  And he's gonna say, well, this boy's always done it.
[16:37.280 --> 16:38.800]  We were trained to do it this way.
[16:38.800 --> 16:41.240]  Well, the sheriff said you weren't.
[16:41.240 --> 16:44.640]  So next week is what I start hammering on.
[16:44.640 --> 16:49.680]  I just had a long conversation with the prosecuting attorney on that subject and he knows what's
[16:49.680 --> 16:50.680]  coming.
[16:50.680 --> 16:54.360]  Hang on, Randy Kelton, Brett Fountain, Rude Law Radio.
[16:54.360 --> 17:04.120]  A call in number 512-646-1984, we'll be right back.
[17:04.120 --> 17:10.040]  It's the 2019 Logos Radio Network annual fundraiser and gun giveaway sponsored by Central Texas
[17:10.040 --> 17:11.040]  Gunworks.
[17:11.040 --> 17:14.680]  Go to LogosRadioNetwork.com and enter to win.
[17:14.680 --> 17:16.320]  Any amount is appreciated.
[17:16.320 --> 17:18.320]  Everything helps to keep us on the air.
[17:18.320 --> 17:24.760]  From Central Texas Gunworks, the grand prize up for grabs is a Spikes Tactical AR-15.
[17:24.760 --> 17:27.320]  More prizes and sponsors to be announced.
[17:27.320 --> 17:30.520]  Every $25 donation is a chance to win.
[17:30.520 --> 17:36.080]  When you purchase Randy Kelton's ebook, Legal 101, you get four chances to win.
[17:36.080 --> 17:39.800]  Purchase Eddie Craig's traffic seminar and get 10 chances to win.
[17:39.800 --> 17:44.360]  If you've enjoyed the shows on Logos Radio Network, support our fundraiser so we can
[17:44.360 --> 17:48.740]  keep bringing you the best quality programming on Talk Radio today.
[17:48.740 --> 17:51.640]  We also accept Bitcoin and other cryptocurrencies.
[17:51.640 --> 17:55.480]  And remember, every $25 donation is a chance to win.
[17:55.480 --> 18:01.520]  Go to LogosRadioNetwork.com for details and donate today.
[18:01.520 --> 18:05.840]  Logos Radio Network welcomes a new show to our lineup for the new year.
[18:05.840 --> 18:12.080]  Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. Central Time.
[18:12.080 --> 18:15.160]  Our goal is in accord with Matthew 5.16.
[18:15.160 --> 18:20.180]  Let your light so shine before men that they may see your good works and glorify your Father
[18:20.180 --> 18:21.720]  which is in heaven.
[18:21.720 --> 18:26.520]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[18:26.520 --> 18:32.080]  Join Nana and guests for both verse-by-verse Bible studies and topical Bible studies designed
[18:32.080 --> 18:35.200]  to provoke unto love and good works.
[18:35.200 --> 18:39.580]  Our verse-by-verse Bible studies will begin in the book of Matthew where we will discuss
[18:39.580 --> 18:41.360]  one chapter per week.
[18:41.360 --> 18:46.440]  Our topical Bible studies will vary each week and will explore sound doctrine as well as
[18:46.440 --> 18:48.640]  Christian character development.
[18:48.640 --> 18:54.480]  So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to
[18:54.480 --> 19:12.280]  10 p.m. starting January 8th for an inspiring and motivating discussion of the Scriptures.
[19:12.280 --> 19:40.360]  Okay, we are back.
[19:40.360 --> 19:44.960]  Randy Kelton, Brett Fountain, Roovelaw Radio, and we're going to go to our callers.
[19:44.960 --> 19:46.920]  I'll go back to this subject.
[19:46.920 --> 19:49.160]  I'm just getting warmed up to the subject.
[19:49.160 --> 19:51.840]  I'll go back to this if we run out of callers.
[19:51.840 --> 19:54.120]  I'm going to Joseph in Texas.
[19:54.120 --> 19:55.200]  Hello, Joseph.
[19:55.200 --> 19:57.600]  What do you have for us today?
[19:57.600 --> 20:00.000]  Hello, Joseph.
[20:00.000 --> 20:05.240]  Why, Harry, I was muted.
[20:05.240 --> 20:08.520]  I did not know that I...
[20:08.520 --> 20:09.960]  No, no, no.
[20:09.960 --> 20:14.720]  You fell asleep over there because you're old like me.
[20:14.720 --> 20:15.720]  Where have you been?
[20:15.720 --> 20:18.160]  I haven't heard your voice in a long time.
[20:18.160 --> 20:24.440]  Well, while you're bringing me in, there's a court ruling I read that a right to travel
[20:24.440 --> 20:30.560]  is a personal unconditional right, and so I wonder how come, you know, you talk about
[20:30.560 --> 20:36.040]  delegated authority, where they got the delegated authority to violate our right to travel.
[20:36.040 --> 20:37.040]  That's exactly.
[20:37.040 --> 20:42.760]  In my criminal complaint, have you, Joseph, have you read my criminal complaint against
[20:42.760 --> 20:43.760]  the governor?
[20:43.760 --> 20:44.760]  No.
[20:44.760 --> 20:45.760]  Okay.
[20:45.760 --> 20:52.720]  Well, I want you to take the phone and beat yourself around the eyes and the ears.
[20:52.720 --> 20:55.960]  I have a section in there on right to travel.
[20:55.960 --> 20:56.960]  Okay.
[20:56.960 --> 21:05.120]  The governor issued an order, okay, let me take a step back, right to travel.
[21:05.120 --> 21:15.360]  After we get into legalese, travel doesn't really mean in legal parlance what it does
[21:15.360 --> 21:19.400]  in the common tongue.
[21:19.400 --> 21:28.540]  The common tongue, when you say travel, it means to move from place to place.
[21:28.540 --> 21:31.720]  In legalese, that's not what it means.
[21:31.720 --> 21:41.240]  In legalese and constitutional perspective, it means to move from one state to another
[21:41.240 --> 21:43.760]  state.
[21:43.760 --> 21:49.440]  That's what the right to travel goes through, and that's where these guys are getting tripped
[21:49.440 --> 21:50.440]  up.
[21:50.440 --> 22:05.280]  It was Martishe, Olivier Martishe, who tripped over that, and what he's arguing is the right
[22:05.280 --> 22:12.320]  to locomotion, the right to freedom of movement.
[22:12.320 --> 22:19.340]  But there is case law about that, and in this case, I went after the governor over the right
[22:19.340 --> 22:29.240]  to travel because what he did was issued an order that said, if you come into this state
[22:29.240 --> 22:39.200]  from other states, locations in other states, which he picked, then you had to imprison
[22:39.200 --> 22:43.220]  yourself for two weeks.
[22:43.220 --> 22:49.200]  And in order to ensure that you did that, he would let you pick your place of imprisonment.
[22:49.200 --> 22:57.640]  But in order to ensure that you did that, he needed some way to enforce his edicts.
[22:57.640 --> 23:08.960]  So he went to the Highway Patrol, but he's not the director of the Highway Patrol.
[23:08.960 --> 23:16.440]  The colonel is the director, Colonel Brown, I think, this ex-FBI agent, he's the director
[23:16.440 --> 23:20.200]  of the Highway Patrol, not the governor.
[23:20.200 --> 23:25.200]  So the governor can talk to the colonel, but he can't talk to the Highway Patrol.
[23:25.200 --> 23:29.000]  Well, he did talk to the Highway Patrol.
[23:29.000 --> 23:34.840]  He engages the Highway Patrol to go around with their guns on their hips and make sure
[23:34.840 --> 23:39.480]  that you were sequestering yourself in your place of imprisonment.
[23:39.480 --> 23:43.720]  And if they did not find you there, they would go hunt you down and take you and throw you
[23:43.720 --> 23:50.280]  in jail for up to six months and charge you a $1,000 fine.
[23:50.280 --> 24:02.520]  Well Joe, what's it called when a public official takes up arms against the public in order
[24:02.520 --> 24:10.760]  to enforce powers and authority he doesn't have or to undermine the rule of law of the
[24:10.760 --> 24:11.760]  government?
[24:11.760 --> 24:17.040]  Oh, acts under cover of law?
[24:17.040 --> 24:19.800]  I was going a little bit higher than that.
[24:19.800 --> 24:24.000]  Were you aiming for sedition?
[24:24.000 --> 24:30.040]  I mean sedition, exactly.
[24:30.040 --> 24:37.640]  577.001 government code calls that an act of sedition.
[24:37.640 --> 24:48.920]  You see, he used the Highway Patrol as a militia and the governor does have authority over
[24:48.920 --> 24:55.840]  a militia, but Texas doesn't have a militia.
[24:55.840 --> 25:04.380]  So he took the Highway Patrol away from the colonel and conscripted them into his militia
[25:04.380 --> 25:10.840]  in order to usurp the rule and authority of the Texas legislature.
[25:10.840 --> 25:14.000]  And that's exactly sedition.
[25:14.000 --> 25:15.800]  So I've charged him with sedition.
[25:15.800 --> 25:19.720]  What do you think, Joe?
[25:19.720 --> 25:22.960]  Well, I hope you the best of luck.
[25:22.960 --> 25:28.640]  I've been banning this stuff for ages, but like I said, I thought this Supreme Court
[25:28.640 --> 25:34.840]  ruling 405 U.S. 330, which originated in Tennessee.
[25:34.840 --> 25:39.360]  Wait, 405, how old is that?
[25:39.360 --> 25:44.120]  405 U.S., what was it again?
[25:44.120 --> 25:50.640]  1972 Supreme Court ruling, 405 U.S. 330.
[25:50.640 --> 25:52.760]  330, 1972?
[25:52.760 --> 25:54.920]  Yes, sir.
[25:54.920 --> 25:55.920]  Okay.
[25:55.920 --> 26:01.360]  Out of Tennessee, that's interesting, because we've got some interesting case law out of
[26:01.360 --> 26:02.360]  Tennessee.
[26:02.360 --> 26:03.360]  Well, go ahead.
[26:03.360 --> 26:09.800]  Well, I just found that to be a rather interesting case since that's where you're from, isn't
[26:09.800 --> 26:10.800]  it?
[26:10.800 --> 26:18.600]  Well, and that's where Martishay's from, and he took on this issue from Tennessee case
[26:18.600 --> 26:21.720]  law about the right to locomotion.
[26:21.720 --> 26:22.720]  Right.
[26:22.720 --> 26:28.520]  Well, you know, when I read this case, I was really shocked, but then again, that's like
[26:28.520 --> 26:37.880]  when I read Briscoe v. LaHue, 460 U.S. 325, what I got from reading that court ruling,
[26:37.880 --> 26:42.840]  the court has stated we have the common law right to lie.
[26:42.840 --> 26:47.040]  Witnesses in court can lie with immunity.
[26:47.040 --> 26:50.040]  You cannot be penalized for perjury.
[26:50.040 --> 26:58.680]  I got all that from my understanding of Briscoe v. LaHue, 460 U.S. 325, in case somebody
[26:58.680 --> 27:03.040]  else wants to show me where I could have been wrong, I try to tell whoever I talk to about
[27:03.040 --> 27:04.760]  it where it is.
[27:04.760 --> 27:07.560]  That is interesting.
[27:07.560 --> 27:09.640]  I've heard that before.
[27:09.640 --> 27:12.920]  I need to look that one up.
[27:12.920 --> 27:15.360]  There's got to be something mitigating that.
[27:15.360 --> 27:21.200]  Well, I was out in the woods, you know, I go stay out in the woods as much as I can,
[27:21.200 --> 27:25.680]  trying to, you know, get rid of as many toxins as I can, trying to maintain health as best
[27:25.680 --> 27:26.680]  I can.
[27:26.680 --> 27:31.480]  But anyhow, after I capture a bunch of stuff, take you out there in the woods where I, you
[27:31.480 --> 27:38.240]  know, I don't have internet out there, I can just, you know, want to read it on my computer
[27:38.240 --> 27:43.760]  without having to hook up online, and I read that court ruling out there and I was really
[27:43.760 --> 27:49.080]  shocked when I read it, and so I wouldn't tell anybody about it until I got in town
[27:49.080 --> 27:55.440]  where I could look up and verify that that was an actual case.
[27:55.440 --> 28:03.480]  That's kind of like when I read Wayland v. U.S. 445, U.S. 684, argued October 27, 28,
[28:03.480 --> 28:07.600]  1979, ruled upon April 16, 1980.
[28:07.600 --> 28:13.440]  I just thought that was a real shocking case, and that was, I believe, amongst other things,
[28:13.440 --> 28:18.720]  they stated several rights violations that were common, but they said the most, from
[28:18.720 --> 28:25.080]  what I recall, they stated the most common rights violation by the American justice system
[28:25.080 --> 28:26.080]  is double jeopardy.
[28:26.080 --> 28:33.080]  And I read that case about four o'clock in the morning.
[28:33.080 --> 28:42.160]  Go ahead, I'm not sure, I'm not sure how they get there because I don't come across that
[28:42.160 --> 28:45.240]  often.
[28:45.240 --> 28:47.120]  You don't come across what often?
[28:47.120 --> 28:50.840]  I don't come across double jeopardy often.
[28:50.840 --> 28:58.120]  Well, okay, well I'll tell you, this man was convicted of rape and murder, and you know,
[28:58.120 --> 29:03.960]  like I said, it was probably back in the early 90s when I read this, I had a psych book laying
[29:03.960 --> 29:10.760]  in bed with me when I got up in the morning, woke up about four, you know, just fumbling
[29:10.760 --> 29:19.000]  through the psych book, I come to a little quote out of that case, and I was like, and
[29:19.000 --> 29:30.600]  what's amazing was in this Supreme Court ruling, one of the justices made to determine his,
[29:30.600 --> 29:37.760]  you know, to justify his ruling, he commented about how, like, a couple of hundred-
[29:37.760 --> 29:39.760]  Okay, wait, hang on, hang on.
[29:39.760 --> 29:44.120]  I was hoping you'd get it done in time, but we're about to go to our sponsors, we'll pick
[29:44.120 --> 29:46.400]  this up on the other side.
[29:46.400 --> 29:55.720]  This is Randy Calton, Brett Fountain, Rule of Law Radio, our call-in number, 512-646-1984.
[29:55.720 --> 30:02.080]  We'll be right back.
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[33:25.120 --> 33:36.320]  Okay, we are back.
[33:36.320 --> 33:42.560]  Randy Kelton, Brett Fountain, Rule of Law Radio, we're talking to Joe in Texas, okay.
[33:42.560 --> 33:43.560]  Go ahead, Joe.
[33:43.560 --> 33:44.560]  All right.
[33:44.560 --> 33:54.160]  Well, I said when I, you know, in a book I had in the bed with me, a title, a sight book,
[33:54.160 --> 33:57.480]  you know, I would just pass it through the page and there's one little spot that, you
[33:57.480 --> 34:07.560]  know, kind of like had a book of citations and stated that when it was, the judge justified
[34:07.560 --> 34:12.840]  his ruling and commenting to a ruling made over 200 years ago and that judge stated and
[34:12.840 --> 34:20.440]  he gave to Lord so-and-so and he gave the Lord's name, made a ruling when it was illegal
[34:20.440 --> 34:27.840]  to buy bread on Sunday, that if a man bought four loaves of bread or one loaf of bread,
[34:27.840 --> 34:33.760]  had he, you know, if he bought four loaves of bread, had he committed four offenses or
[34:33.760 --> 34:34.760]  one offense?
[34:34.760 --> 34:40.000]  And, you know, like I said, the judge quoted and gave Lord's name, Lord so-and-so stated
[34:40.000 --> 34:43.000]  that was one offense.
[34:43.000 --> 34:48.040]  And I thought that was rather a fascinating comment because, you know, I've seen folks
[34:48.040 --> 34:52.120]  go out duck hunting, they come back with a few allegedly illegal, I figured that would
[34:52.120 --> 34:56.160]  be double jeopardy by charging them for each duck.
[34:56.160 --> 35:02.720]  Well, that's how I associated with it when I was reading that court ruling.
[35:02.720 --> 35:10.920]  And that was a 1980 Supreme Court ruling that Briscoe versus LaHue.
[35:10.920 --> 35:16.960]  Where he was, he got to double jeopardy by saying that if you charged him with two counts
[35:16.960 --> 35:18.440]  of shooting ducks...
[35:18.440 --> 35:22.960]  Well, yeah, okay, go ahead.
[35:22.960 --> 35:26.000]  See, I'm trying to get what he's saying.
[35:26.000 --> 35:32.320]  So if it's illegal for you to shoot ducks and you shoot three ducks and they charge
[35:32.320 --> 35:39.320]  you with three counts, then he would be saying that would be double jeopardy because you
[35:39.320 --> 35:44.520]  were engaged in one act of shooting ducks.
[35:44.520 --> 35:51.240]  Because the law doesn't say it's against the law to shoot a duck.
[35:51.240 --> 35:52.960]  It's against the law to shoot ducks.
[35:52.960 --> 35:57.840]  You know, reading this court ruling, it just really helped me give a better understanding
[35:57.840 --> 36:02.840]  of double jeopardy.
[36:02.840 --> 36:08.200]  And like I said, they went back over 200 years or about 200 years and quoted Lord so-and-so
[36:08.200 --> 36:14.320]  and I said they gave his name in the court ruling, which was a wailing verse United States
[36:14.320 --> 36:15.320]  445 U.S. 684.
[36:15.320 --> 36:22.640]  And I, you know, and I've heard folks say, well, you can't use a ruling over 30 years
[36:22.640 --> 36:27.640]  old or they won't allow it to, but heck here, we've got the Supreme Court going back over
[36:27.640 --> 36:30.120]  200 years using a court rule.
[36:30.120 --> 36:31.120]  Yeah.
[36:31.120 --> 36:43.640]  One of the primary rulings on my main issue is take before magistrate, a decision in 1970
[36:43.640 --> 36:49.760]  that said that you didn't have a right to an examining trial in a misdemeanor.
[36:49.760 --> 36:54.000]  Well, that used law from 1915.
[36:54.000 --> 36:55.560]  Right.
[36:55.560 --> 37:05.400]  So that law, that was in the Vernon's annotated civil statutes, but all that's been rewritten
[37:05.400 --> 37:06.760]  and completely rewritten.
[37:06.760 --> 37:10.400]  So none of that applies anymore, but they're using it anyway.
[37:10.400 --> 37:19.440]  And what I've heard said is all law changes every 20 years.
[37:19.440 --> 37:29.360]  So whatever case you have, if it's still valid, you can find a more recent case that cites
[37:29.360 --> 37:31.880]  that case.
[37:31.880 --> 37:40.480]  But if you don't have a case that's been cited for a hundred years, that's really questionable.
[37:40.480 --> 37:42.600]  Oh, okay.
[37:42.600 --> 37:48.680]  Well, that makes me think of Olstead verse U.S. 1928 Supreme Court ruling the right to
[37:48.680 --> 37:50.880]  be let alone, both basic fundamental right.
[37:50.880 --> 37:56.120]  I found it was through great extremes that sure the people would be let alone.
[37:56.120 --> 38:03.640]  That was probably a 1995 case I was reading that referred me back to that 1928 Supreme
[38:03.640 --> 38:04.640]  Court ruling.
[38:04.640 --> 38:05.640]  Yeah.
[38:05.640 --> 38:14.600]  Now that brings the 1928 Supreme Court ruling up to date because he cited it and the court
[38:14.600 --> 38:16.280]  followed it.
[38:16.280 --> 38:21.460]  So that reestablished its relevance.
[38:21.460 --> 38:28.200]  If they just cited one from way back there and no court has followed that case in and
[38:28.200 --> 38:31.960]  now it's a hundred years.
[38:31.960 --> 38:35.680]  If no courts followed it in a hundred years, it's probably trash case.
[38:35.680 --> 38:43.000]  Well, yeah, but like I said, the Supreme Court went back over 200 years in justifying their
[38:43.000 --> 38:49.540]  ruling in Wayland versus U.S. 1980 Supreme Court ruling.
[38:49.540 --> 38:58.200]  So because it was the Supreme, the Supreme brought that 200-year-old case current.
[38:58.200 --> 39:01.840]  They made it current.
[39:01.840 --> 39:07.760]  So they've said that over this 200 years, circumstances have not changed.
[39:07.760 --> 39:11.520]  The case is still valid.
[39:11.520 --> 39:19.320]  But if you cite a 200-year-old case and you can't cite anything in between if you're not
[39:19.320 --> 39:25.440]  the Supreme, then that's why they're saying the case is not of much value because you're
[39:25.440 --> 39:36.720]  probably missing a lot of cases that don't follow this one and you're leaving those out.
[39:36.720 --> 39:42.040]  Like I've got a lot of cases that don't follow that hundred-year-old case they cited.
[39:42.040 --> 39:45.560]  Yeah, but that just showed how corrupt the system is.
[39:45.560 --> 39:48.000]  What about equality is paramount?
[39:48.000 --> 39:50.640]  Okay, I'm working on it.
[39:50.640 --> 39:51.640]  Okay.
[39:51.640 --> 39:53.640]  The tool that I'm designing.
[39:53.640 --> 39:58.640]  It's frustrating because I know all this stuff, but I don't know how to use it efficiently
[39:58.640 --> 39:59.640]  in court.
[39:59.640 --> 40:08.880]  That's like, who was that, back about, I'm trying to remember, there was a Houston cop
[40:08.880 --> 40:20.720]  shot a man, and the Supreme Court ruling was May 5, 2014, and I think the case was about
[40:20.720 --> 40:24.720]  eight years old when it got made into the Supreme Court, somewhere like that.
[40:24.720 --> 40:30.480]  But anyhow, this man, it was on New Year's Eve, and the cops were following this man.
[40:30.480 --> 40:35.640]  The cop, you know, as we are this morning, the Houston cops typed in the license plate
[40:35.640 --> 40:43.240]  number, and in doing so, they typed in a wrong number, and so it came back showing a stolen
[40:43.240 --> 40:44.240]  vehicle.
[40:44.240 --> 40:47.840]  So about this time, the man is at his folks' house, he pulls up in the yard, and the cop
[40:47.840 --> 40:50.480]  turns on the lights, and he says, what in the world is going on here?
[40:50.480 --> 40:51.480]  Ain't done nothing wrong.
[40:51.480 --> 40:52.480]  Oh, yes, you did.
[40:52.480 --> 40:53.480]  Get down on the ground.
[40:53.480 --> 40:54.480]  That's a stolen vehicle.
[40:54.480 --> 40:55.480]  This ain't no stolen vehicle.
[40:55.480 --> 40:57.280]  It was brought with my parents.
[40:57.280 --> 41:01.600]  And mommy and daddy's in the house, mama comes out, the cop shows mama up against a brick
[41:01.600 --> 41:02.600]  wall, causing bruising.
[41:02.600 --> 41:07.760]  By then, he was on the ground, so he gets up trying to defend mother, and the cop shoots
[41:07.760 --> 41:08.760]  him.
[41:08.760 --> 41:13.080]  All right, it went all the way up to the federal Supreme Court, and from what I understand,
[41:13.080 --> 41:16.880]  the cop was claiming qualified immunity.
[41:16.880 --> 41:21.000]  And so apparently, the cop was getting away with it until they got to the Supreme Court.
[41:21.000 --> 41:23.080]  The Supreme Court says no.
[41:23.080 --> 41:27.160]  Whenever you step outside of your authority, you waive your qualified immunity.
[41:27.160 --> 41:30.400]  Well, heck, how many times has the court made that ruling?
[41:30.400 --> 41:35.040]  So why did he have to go all the way from down here, all the way way up yonder, to
[41:35.040 --> 41:36.280]  get a favorable ruling?
[41:36.280 --> 41:41.000]  Why wouldn't all the courts know about that?
[41:41.000 --> 41:44.920]  Why put him through all that struggle to attempt to get justice?
[41:44.920 --> 41:45.920]  Well,
[41:45.920 --> 41:48.920]  That's a great question.
[41:48.920 --> 41:53.280]  I keep going to the same place.
[41:53.280 --> 42:00.840]  If God made man, he made us horribly flawed.
[42:00.840 --> 42:09.260]  And we have all of these judges here ruling on what they think is just.
[42:09.260 --> 42:13.920]  I don't want judges ruling on what they think is just.
[42:13.920 --> 42:18.400]  I want them applying the law to the facts, and that's all.
[42:18.400 --> 42:24.880]  If the law does not lead to a just outcome, fix the law, but don't ignore it.
[42:24.880 --> 42:28.480]  But judges, they tend to do.
[42:28.480 --> 42:35.600]  This is in the best of circumstances, what they think is right.
[42:35.600 --> 42:39.840]  And that's how we get all of these conflicting rulings.
[42:39.840 --> 42:44.600]  Well, I don't see any resemblance to doing right.
[42:44.600 --> 42:50.160]  I mean, you know, that's like I told the warden when I used to work at the prison.
[42:50.160 --> 42:57.760]  I challenged him to show me anyone serving time upon a valid conviction, because I, you
[42:57.760 --> 43:02.800]  know, from all I've been through, I think it's so corrupt beyond imagination.
[43:02.800 --> 43:06.520]  Hey, you're preaching to the gallery here.
[43:06.520 --> 43:12.600]  Well, yes, I'm just trying to show my appreciation, and it's like, you're trying to justify all
[43:12.600 --> 43:15.160]  the errors, right, Mike, that's what I get.
[43:15.160 --> 43:21.560]  No, I'm trying to understand how the errors get made.
[43:21.560 --> 43:24.640]  Not everybody is a bad guy.
[43:24.640 --> 43:29.400]  And certainly we have a few bad guys.
[43:29.400 --> 43:30.400]  It's not very many.
[43:30.400 --> 43:32.920]  They just get around a lot.
[43:32.920 --> 43:38.560]  Mostly we have people trying to do the right thing for the right reasons, and they're not
[43:38.560 --> 43:42.640]  following the law and trusting it.
[43:42.640 --> 43:49.480]  They're using their own judgment, and we wind up with all kinds of inequities in the law.
[43:49.480 --> 43:51.720]  I'll pick this up when we come back.
[43:51.720 --> 44:21.560]  Randy Kelter, Brett Fountain, Root of Law Radio, we'll be right back.
[44:22.560 --> 44:24.080]  Well, I'm glad you asked.
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[46:14.840 --> 46:26.040]  If you did not have any problems, where are you going to look for one?
[46:26.040 --> 46:27.040]  If you could not wait any battle, would your purposes be done?
[46:27.040 --> 46:28.040]  Such a sentimental soldier, a warrior of love, scuffling to keep the peace.
[46:28.040 --> 46:29.040]  All they're taking is a misunderstanding, and somebody calls the police.
[46:29.040 --> 46:30.040]  Watching the spots fly.
[46:30.040 --> 46:31.040]  Watching the spots fly.
[46:31.040 --> 46:54.480]  Watching the spots fly.
[46:54.480 --> 46:55.480]  We are back.
[46:55.480 --> 46:59.000]  We're Andy Kelp and Brett Fountain of Rule of Law Radio and we're talking to Joseph in
[46:59.000 --> 47:08.240]  Texas and the point I was making is I look at the system from the perspective of an engineer.
[47:08.240 --> 47:16.240]  If my car breaks down, I don't blame the people who designed it.
[47:16.240 --> 47:18.840]  I don't blame the driver.
[47:18.840 --> 47:22.640]  I don't even blame the car.
[47:22.640 --> 47:28.160]  I look at the system, what's going on here and what's not working right.
[47:28.160 --> 47:40.840]  If I have a system that keeps leading to the same bad outcomes, I can't blame the operator.
[47:40.840 --> 47:48.200]  I used to be a machinist and we had this one lathe that we just could not hold tolerance
[47:48.200 --> 47:51.120]  with.
[47:51.120 --> 47:56.360]  Nobody came out there and said bad things about the lathe.
[47:56.360 --> 48:00.520]  Everybody said something is wrong with this lathe.
[48:00.520 --> 48:03.920]  We got to look at it and fix it.
[48:03.920 --> 48:10.160]  It was an odd bearing issue and generally the bearing where the chuck is goes out, but
[48:10.160 --> 48:14.560]  this was a bearing on the other side of the gear cage that went out and they liked to
[48:14.560 --> 48:15.840]  never found it.
[48:15.840 --> 48:25.560]  But if we had just blamed it on bad design or an operator, we'd never got to the solution.
[48:25.560 --> 48:31.160]  I can't imagine that all of the police are bad guys.
[48:31.160 --> 48:36.920]  We keep coming to these same outcomes.
[48:36.920 --> 48:38.120]  Something's wrong with the system.
[48:38.120 --> 48:44.320]  How do we change the system so that the police can't get to those negative outcomes?
[48:44.320 --> 48:47.120]  You got an idea, Joe?
[48:47.120 --> 48:56.800]  Yes, why can't I like that deal you made in 2017, I believe, about the county judge being
[48:56.800 --> 49:02.240]  liable for not ensuring that they receive proper training.
[49:02.240 --> 49:06.200]  I believe that is the biggest problem.
[49:06.200 --> 49:12.280]  I was studying negligent hiring years ago.
[49:12.280 --> 49:14.440]  You were a jail guard.
[49:14.440 --> 49:22.880]  How many of those guards that you worked with would you consider to be a jackbooted thug?
[49:22.880 --> 49:30.560]  Well, I started making a comment and I think that one reason they so turned against me
[49:30.560 --> 49:36.320]  is my belief the biggest majority of pathetically stupid public servants feed from the public
[49:36.320 --> 49:40.120]  trough because they're not qualified to make a living on their own.
[49:40.120 --> 49:42.560]  They come back, well, you work here too.
[49:42.560 --> 49:47.640]  I said, well, yeah, at least I admit it, I ain't qualified to make a living on my own.
[49:47.640 --> 49:52.080]  I knew you got them right while I was here.
[49:52.080 --> 49:56.280]  You got a good point there.
[49:56.280 --> 49:58.240]  That's a problem we need to look at.
[49:58.240 --> 50:08.920]  So how have we designed this system so that it draws that caliber of person?
[50:08.920 --> 50:11.600]  The system, the person's not the problem.
[50:11.600 --> 50:12.600]  People are just people.
[50:12.600 --> 50:13.600]  Well, that's it.
[50:13.600 --> 50:17.600]  I think the biggest majority of them, they're not trained properly.
[50:17.600 --> 50:22.200]  They're inspired to do wrong as though it is right.
[50:22.200 --> 50:23.200]  Exactly.
[50:23.200 --> 50:25.840]  You hit it dead on the head.
[50:25.840 --> 50:27.840]  I know a lot of policemen.
[50:27.840 --> 50:34.520]  I talked to Brett about this on the break and Brett, tell me about the policemen you
[50:34.520 --> 50:35.520]  know.
[50:35.520 --> 50:40.480]  Well, the ones that I know personally, they're solid guys.
[50:40.480 --> 50:41.480]  I would trust them.
[50:41.480 --> 50:45.760]  I think they're good guys.
[50:45.760 --> 50:47.840]  I know about 50.
[50:47.840 --> 50:52.240]  I know half the sheriff's department here in the county I'm in and all of them want
[50:52.240 --> 50:55.280]  to be good guys.
[50:55.280 --> 51:01.640]  They're in a system they didn't create and there are a few out there that really have
[51:01.640 --> 51:08.680]  problems and they make it look really bad for everybody else and the other officers
[51:08.680 --> 51:09.680]  realize that.
[51:09.680 --> 51:14.840]  I've had more than one officer come to me and ask me if there's something I could
[51:14.840 --> 51:20.480]  do to help him get rid of this officer, that he's making it look bad for all of us.
[51:20.480 --> 51:22.960]  He has no business here.
[51:22.960 --> 51:26.640]  So the mostly good guys are stuck in a system they didn't create.
[51:26.640 --> 51:32.520]  So if we blame the individuals like this, blaming the police for all these bad things
[51:32.520 --> 51:35.920]  you're going on, it's just the wrong way to go.
[51:35.920 --> 51:43.960]  How do we go in there and tweak that system so that the system will automatically account
[51:43.960 --> 51:48.080]  for those issues and head them off?
[51:48.080 --> 51:56.480]  All these years I've been doing this show, my primary issue was take before a magistrate.
[51:56.480 --> 52:06.000]  That was the tiniest tweak to the system that we could make that would have the biggest
[52:06.000 --> 52:07.100]  outcome.
[52:07.100 --> 52:14.840]  If a policeman knows that if he arrests this person for any reason, he's not going to
[52:14.840 --> 52:20.320]  be able to take him and throw him in jail and spend the next two or three weeks working
[52:20.320 --> 52:25.240]  up a statement of cause to show why he did what he did.
[52:25.240 --> 52:30.340]  But if he knew he's going to have to take him not to a fellow policeman, not to his
[52:30.340 --> 52:37.140]  boss or one of his buddies, but he's going to have to take him to a judge and explain
[52:37.140 --> 52:45.920]  himself right now and the guy would get opportunity to tell his side.
[52:45.920 --> 52:47.300]  That would change everything.
[52:47.300 --> 52:48.300]  Go ahead, Brett.
[52:48.300 --> 52:49.300]  No, that's it.
[52:49.300 --> 52:52.960]  I just, I'm agreeing with you.
[52:52.960 --> 52:53.960]  Yeah.
[52:53.960 --> 52:54.960]  Right.
[52:54.960 --> 52:58.520]  That's my comment on this issue.
[52:58.520 --> 53:02.320]  I did want to ask about this double jeopardy thing.
[53:02.320 --> 53:10.140]  I wonder if there's a correlation there between, like you were talking about the one duck versus
[53:10.140 --> 53:18.200]  multiple ducks or a situation like that, did he buy one loaf of bread or four?
[53:18.200 --> 53:20.120]  Was that four counts of the crime?
[53:20.120 --> 53:23.840]  And it makes me think about this policy.
[53:23.840 --> 53:31.960]  Texas has a practice of charging you extra higher amounts of money, increasing the severity
[53:31.960 --> 53:42.000]  for speeding tickets, depending on whether you went 10% over the limit versus 25% over
[53:42.000 --> 53:43.000]  the limit.
[53:43.000 --> 53:46.840]  And they have these lines that they call more severe crimes.
[53:46.840 --> 53:54.920]  And that's in the statute.
[53:54.920 --> 54:02.040]  But the only offense to start with, if he did not have an accident, if he did not damage
[54:02.040 --> 54:10.320]  someone, didn't have one of the elements or speeding, it says, yeah, it's a prima facie
[54:10.320 --> 54:12.840]  unsafeness.
[54:12.840 --> 54:20.380]  But if you didn't have an accident, then that was, how can they say it was unsafe?
[54:20.380 --> 54:26.140]  Maybe it would have been unsafe for them, who knows?
[54:26.140 --> 54:28.040]  You did it and nothing happened.
[54:28.040 --> 54:31.560]  But it goes to objective reasonableness.
[54:31.560 --> 54:41.240]  Do I have to wait until you kill somebody before I charge you with DUI?
[54:41.240 --> 54:44.500]  This is an issue of reckless endangerment.
[54:44.500 --> 54:45.960]  They could charge you with that.
[54:45.960 --> 54:48.200]  But that's not this.
[54:48.200 --> 54:49.920]  This is speeding.
[54:49.920 --> 54:50.920]  Speeding five miles.
[54:50.920 --> 54:54.880]  If they want to charge you with speeding, they have to go with what it says.
[54:54.880 --> 55:00.400]  And 15 miles an hour raises it from a class C misdemeanor to a class B.
[55:00.400 --> 55:05.720]  But they have to, you know, according to the Code of Criminal Justice, they have to prove
[55:05.720 --> 55:08.560]  each element of the offense beyond reasonable doubt.
[55:08.560 --> 55:12.200]  By doing that, there's a court's duty to acquit the accused.
[55:12.200 --> 55:13.200]  Exactly.
[55:13.200 --> 55:17.360]  One of the, what is the primary thing they have to approve?
[55:17.360 --> 55:22.560]  What are speed limit signs intended for?
[55:22.560 --> 55:25.320]  Commercial motor vehicles.
[55:25.320 --> 55:26.320]  Exactly.
[55:26.320 --> 55:30.680]  It's right there in the code.
[55:30.680 --> 55:37.760]  They are for the purpose of controlling commercial traffic.
[55:37.760 --> 55:41.320]  So yeah, the problem is, is we don't fight it enough.
[55:41.320 --> 55:46.440]  But I'm bringing my traffic ticket, traffic site back up.
[55:46.440 --> 55:52.200]  And this time I intend to add the second layer.
[55:52.200 --> 55:58.160]  The first layer is all the static issues that need to be addressed.
[55:58.160 --> 56:06.280]  All the due process issues, all the things that come up in every case.
[56:06.280 --> 56:12.680]  And then you go to the first hearing and they do their little song and dance and seltzer
[56:12.680 --> 56:14.760]  down your pants.
[56:14.760 --> 56:20.320]  And you come back home and you go to the questionnaire and the questionnaire says, did they do this?
[56:20.320 --> 56:21.880]  Yeah, they did this.
[56:21.880 --> 56:22.880]  Okay.
[56:22.880 --> 56:27.840]  It spits out these documents, criminal complaints, bar grievances, judicial conduct complaints.
[56:27.840 --> 56:28.840]  Did they do this?
[56:28.840 --> 56:29.840]  Oh yeah, they did that.
[56:29.840 --> 56:32.700]  It spits out more.
[56:32.700 --> 56:37.240]  This second level is the one that's going to get them.
[56:37.240 --> 56:47.680]  In this one, we look at every stinking, rotten, low down, tiny little detail.
[56:47.680 --> 56:52.640]  Did the officer speak to you in a way that you considered to be unprofessional?
[56:52.640 --> 56:55.320]  Oh, he did?
[56:55.320 --> 56:59.640]  Well, that gets a T close complaint.
[56:59.640 --> 57:03.560]  Okay, it's not illegal.
[57:03.560 --> 57:05.060]  It's just unprofessional.
[57:05.060 --> 57:11.140]  So it spits out the T code complaint as a matter of course.
[57:11.140 --> 57:18.720]  If you say yes, it will ask you to explain what he did that you felt was unprofessional.
[57:18.720 --> 57:23.800]  And then the system will take that explanation and put it in a T close complaint.
[57:23.800 --> 57:26.880]  And all you do is cite it and send it.
[57:26.880 --> 57:30.800]  That's the tool I'm bringing up.
[57:30.800 --> 57:32.160]  This is going to be fun.
[57:32.160 --> 57:35.820]  I'm finally ready to launch it.
[57:35.820 --> 57:36.820]  Go ahead, Joe.
[57:36.820 --> 57:39.920]  What about the 8.22 Texas Code of Criminal Procedure?
[57:39.920 --> 57:46.040]  They have to be a high quality recording, which they're required to show during trial
[57:46.040 --> 57:49.000]  unless they get permission from you not to show it.
[57:49.000 --> 57:50.000]  And that's public record.
[57:50.000 --> 57:52.000]  Anybody's going to be able to get a copy of it.
[57:52.000 --> 57:55.160]  It's the right way to get all the evidence.
[57:55.160 --> 57:58.320]  I missed that statute.
[57:58.320 --> 58:00.320]  What was the statute again?
[58:00.320 --> 58:05.880]  38.22 Texas Code of Criminal Procedure.
[58:05.880 --> 58:16.640]  Okay, that's not in 45 so that when we come back, I want to talk about the high quality
[58:16.640 --> 58:17.640]  recording.
[58:17.640 --> 58:26.760]  We're going to bring up a ruling I read about a year ago, like I said, 38.22 would have
[58:26.760 --> 58:28.680]  just about every conviction overturned.
[58:28.680 --> 58:29.680]  Okay, hang on.
[58:29.680 --> 58:31.680]  We're about to go to our sponsors.
[58:31.680 --> 58:33.800]  When we come back, I want to look it up.
[58:33.800 --> 58:36.200]  I'll look it up over the break.
[58:36.200 --> 58:39.640]  Randy Kelton, Brett Fountain, Rule of Law Radio.
[58:39.640 --> 58:44.600]  I call in number 512646 1984.
[58:44.600 --> 58:45.600]  We'll be right back.
[58:45.600 --> 58:55.880]  The Bible remains the most popular book in the world, yet countless readers are frustrated
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[59:48.040 --> 59:50.040]  That's freestudybible.com.
[59:50.040 --> 01:00:00.920]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.920 --> 01:00:06.720]  The following news flash is brought to you by the Lone Star Lowdown.
[01:00:06.720 --> 01:00:11.960]  Markets for Monday, the 22nd of July, 2019, open with precious metals, gold at $1,429
[01:00:11.960 --> 01:00:20.360]  an ounce, silver, $16.45 an ounce, copper, $2.75 an ounce, oil, Texas crude, $55.63 a
[01:00:20.360 --> 01:00:26.080]  barrel, Brent crude, $62.47 a barrel, and crypto is in order of market cap, Bitcoin
[01:00:26.080 --> 01:00:37.800]  core, $10,566.52, Ethereum, $227.26, XRP, Ripple, $0.33, Litecoin, $100.31, and Bitcoin
[01:00:37.800 --> 01:00:43.200]  cash is at $324.10 a crypto coin.
[01:00:43.200 --> 01:00:52.600]  Today in history, the year 1916, the Preparedness Day bombing, a time suitcase bomb was detonated
[01:00:52.600 --> 01:00:57.920]  on Market Street in San Francisco during the World War I Preparedness Day parade, killing
[01:00:57.920 --> 01:00:59.840]  10 and injuring 40.
[01:00:59.840 --> 01:01:04.920]  Today in history.
[01:01:04.920 --> 01:01:09.560]  And recent news, since Governor Greg Abbott signed House Bill 1325, legalizing hemp and
[01:01:09.560 --> 01:01:14.240]  a Texas law back in June, county prosecutors around the state, including Houston, Austin
[01:01:14.240 --> 01:01:18.200]  and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:01:18.200 --> 01:01:22.880]  new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:01:22.880 --> 01:01:24.920]  to test the herb for THC.
[01:01:24.920 --> 01:01:28.580]  Margaret Moore, the Travis County District Attorney announced earlier this month that
[01:01:28.580 --> 01:01:33.160]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:01:33.160 --> 01:01:34.160]  law.
[01:01:34.160 --> 01:01:37.240]  In addition, Abbott and other state officials, including the Attorney General, stipulated
[01:01:37.240 --> 01:01:42.240]  in a letter to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:01:42.240 --> 01:01:48.360]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works.
[01:01:48.360 --> 01:01:54.600]  As well as other cities too, like the District Attorney in El Paso, Jaime Esparza, a Democrat,
[01:01:54.600 --> 01:01:59.080]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:01:59.080 --> 01:02:01.760]  prosecution of marijuana cases in El Paso.
[01:02:01.760 --> 01:02:06.920]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[01:02:06.920 --> 01:02:10.920]  in Harris County, who stated that, quote, the law is constantly changing on what makes
[01:02:10.920 --> 01:02:13.640]  something illegal based on its chemical makeup.
[01:02:13.640 --> 01:02:17.520]  It's important that if someone is charged with something, the test matches what they're
[01:02:17.520 --> 01:02:22.760]  charged with.
[01:02:22.760 --> 01:02:27.400]  A paper by Tulane University identified a five and a half inch American pocket shark
[01:02:27.400 --> 01:02:32.520]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[01:02:32.520 --> 01:02:37.880]  shark ever captured or recorded, with the other one being found way back in 1979 in
[01:02:37.880 --> 01:02:39.440]  the East Pacific Ocean.
[01:02:39.440 --> 01:02:43.960]  According to the university paper, the shark secretes a luminous fluid from a gland near
[01:02:43.960 --> 01:02:45.780]  its front fins.
[01:02:45.780 --> 01:02:50.840]  For the purpose, it is hypothesized to lure and prey who may be drawn into the glow.
[01:02:50.840 --> 01:02:57.840]  This is Brooke Rode with your Lowdown for July 22nd, 2019.
[01:03:50.840 --> 01:03:57.680]  Okay, we are back, Brandy Kelton, Brett Fountain with our radio and we're talking to Joseph
[01:03:57.680 --> 01:03:58.680]  in Texas.
[01:03:58.680 --> 01:04:06.320]  And you mentioned 38.22 and I, you broke up a little, so I missed part of it, but you
[01:04:06.320 --> 01:04:10.480]  said you spoke about high quality video.
[01:04:10.480 --> 01:04:12.600]  Will you, will you address that Joseph?
[01:04:12.600 --> 01:04:13.600]  Okay.
[01:04:13.600 --> 01:04:18.640]  Well, from what I've read, there's folk when they, they are required to show recording
[01:04:18.640 --> 01:04:26.960]  during trial, they have to be able to identify every critical voice on the recording.
[01:04:26.960 --> 01:04:32.960]  And this court ruling, you know, which is something I have found a lot of times I get
[01:04:32.960 --> 01:04:39.060]  better understanding of law when I go to court ruling on the law, but anyhow, this court
[01:04:39.060 --> 01:04:46.320]  ruling that I got right here was made in 2009 and I bet it wasn't three days old when I
[01:04:46.320 --> 01:04:47.320]  read it.
[01:04:47.320 --> 01:04:52.800]  You know, I've made a list where I get a bunch of court rulings and this is in the court
[01:04:52.800 --> 01:05:05.760]  of criminal appeals of Texas, number PD-0888-08 and I can't really read this man's name, Thad
[01:05:05.760 --> 01:05:09.720]  Nyark-Nyguin, a pill at the first state of Texas.
[01:05:09.720 --> 01:05:16.400]  And like I said, I just gave you the court ruling, I think I'm mailing this court case
[01:05:16.400 --> 01:05:19.520]  to you over the years because I've mailed it to just about everybody.
[01:05:19.520 --> 01:05:26.640]  I think this is a fabulous court ruling and also the fact that it is just, I honestly
[01:05:26.640 --> 01:05:32.040]  believe right there we had just about every case overturned because amongst other things
[01:05:32.040 --> 01:05:40.200]  it's like they stayed in this case according 38.22 there, you know, there's five requirements
[01:05:40.200 --> 01:05:44.560]  that they are required to meet.
[01:05:44.560 --> 01:05:52.160]  I've read a few other court rulings on this law and one of them is they have to tell you
[01:05:52.160 --> 01:05:58.320]  that you can terminate the interrogation each time you so desire, which I'd read a federal
[01:05:58.320 --> 01:06:09.520]  court ruling that stated that, you know, probably all five years before I come across this case.
[01:06:09.520 --> 01:06:14.240]  And here we've got a state case saying they have to tell you you can terminate the interrogation
[01:06:14.240 --> 01:06:15.720]  anytime you so desire.
[01:06:15.720 --> 01:06:21.800]  The federal court ruling I read said upon your request, they are required to terminate
[01:06:21.800 --> 01:06:25.360]  the interrogation.
[01:06:25.360 --> 01:06:30.240]  But here it says they have to tell you, you can terminate the interrogation anytime you
[01:06:30.240 --> 01:06:32.680]  so desire in this Texas case.
[01:06:32.680 --> 01:06:37.440]  Good, good, I definitely want to look that one up.
[01:06:37.440 --> 01:06:39.440]  It's PD 0888-08?
[01:06:39.440 --> 01:06:40.440]  Correct.
[01:06:40.440 --> 01:06:52.760]  Yeah, like I said, I got the date the ruling was made in 2009, let me see if I can bring
[01:06:52.760 --> 01:06:54.520]  it up right quick.
[01:06:54.520 --> 01:07:02.880]  No, that's okay, we really need to move on, we've got other callers and we're gonna run
[01:07:02.880 --> 01:07:05.560]  out of time.
[01:07:05.560 --> 01:07:07.160]  Can you call back tomorrow night?
[01:07:07.160 --> 01:07:15.200]  Well, I can't predict the future, but I sure give it a try, because I wasn't even intended
[01:07:15.200 --> 01:07:20.000]  to talk, I had something else on the computer slide dialed in and just had it on mute so
[01:07:20.000 --> 01:07:22.760]  I can hear from the phone.
[01:07:22.760 --> 01:07:28.840]  But I'm glad you brought me in, because I think there's some real interesting stuff.
[01:07:28.840 --> 01:07:38.320]  Okay, well try not to listen on this line, because we have to pay for this line.
[01:07:38.320 --> 01:07:43.720]  We just had someone hooked up the last time we were on, and they left their phone hooked
[01:07:43.720 --> 01:07:48.280]  up all weekend, and it cost Deborah a bunch of money.
[01:07:48.280 --> 01:07:55.360]  Well, I had another program I was wanting to listen to, and so I was doing both of them,
[01:07:55.360 --> 01:08:05.200]  so other than that, I wouldn't have done that, because I'd rather be on the computer.
[01:08:05.200 --> 01:08:07.800]  There's a caller listen line that you can call into.
[01:08:07.800 --> 01:08:13.120]  Okay, well I couldn't find it, and I was in a hurry.
[01:08:13.120 --> 01:08:18.720]  For everybody else, this one's on our bridge, and we have to pay for this by the minute,
[01:08:18.720 --> 01:08:21.520]  so it kind of mounts up over time.
[01:08:21.520 --> 01:08:25.360]  And okay, thank you, Joseph, and call back tomorrow night.
[01:08:25.360 --> 01:08:26.360]  This is a good conversation.
[01:08:26.360 --> 01:08:32.840]  If you look into the court of Texas, total criminal fees 32.51, because that's what really
[01:08:32.840 --> 01:08:40.000]  got me into all this stuff starting on privacy law, and it wasn't until just a few years
[01:08:40.000 --> 01:08:46.120]  ago I come across this Texas, I think it takes the Penal Code 32.51, and I read some court
[01:08:46.120 --> 01:08:48.960]  ruling on that, which is Texas privacy law.
[01:08:48.960 --> 01:08:51.960]  But anyhow, all right, I'll let you go.
[01:08:51.960 --> 01:08:53.800]  Okay, thank you, Joseph.
[01:08:53.800 --> 01:08:57.280]  Okay, now we're going to go to David in Texas.
[01:08:57.280 --> 01:08:58.280]  Hello, David.
[01:08:58.280 --> 01:08:59.280]  Hi, Randy.
[01:08:59.280 --> 01:09:00.280]  Yeah.
[01:09:00.280 --> 01:09:01.280]  What do you have for us?
[01:09:01.280 --> 01:09:02.280]  Oh, yeah, I kind of get things back from the federal court.
[01:09:02.280 --> 01:09:05.280]  Wait, hold on, hold on.
[01:09:05.280 --> 01:09:23.440]  Are you on a Bluetooth or a hands-free, or do you have your head in a toilet?
[01:09:23.440 --> 01:09:25.440]  Got my head in a barrel.
[01:09:25.440 --> 01:09:28.320]  Okay, that would account for it.
[01:09:28.320 --> 01:09:30.320]  You've got a real hollow sound.
[01:09:30.320 --> 01:09:36.040]  Well, I take the mask off.
[01:09:36.040 --> 01:09:37.040]  That's probably it.
[01:09:37.040 --> 01:09:38.040]  Wait a minute.
[01:09:38.040 --> 01:09:42.040]  If you take the mask off, we'll all die of COVID.
[01:09:42.040 --> 01:09:45.840]  Yeah, well, I got far to go.
[01:09:45.840 --> 01:09:56.200]  See, listen, on this line here it says, to the extent that my name seeks a intimate criminal
[01:09:56.200 --> 01:10:05.400]  prosecution of either the defendant or the defendant's attorney, I lack the legal bias
[01:10:05.400 --> 01:10:07.400]  to do so.
[01:10:07.400 --> 01:10:15.920]  The prosecution of violation of federal criminal law in federal court is a function of the
[01:10:15.920 --> 01:10:21.600]  federal government, not private property, take the case, when a court cannot direct
[01:10:21.600 --> 01:10:24.040]  the filing of criminal charges.
[01:10:24.040 --> 01:10:29.680]  What is he trying to say here, this judge?
[01:10:29.680 --> 01:10:30.680]  Okay, wait a minute.
[01:10:30.680 --> 01:10:31.680]  Hold on.
[01:10:31.680 --> 01:10:33.880]  Could you understand him, Brett?
[01:10:33.880 --> 01:10:35.240]  I was having a little trouble there.
[01:10:35.240 --> 01:10:36.240]  I couldn't make it out.
[01:10:36.240 --> 01:10:38.240]  Sounds like he's in a well.
[01:10:38.240 --> 01:10:40.240]  Okay, say it again.
[01:10:40.240 --> 01:10:53.240]  The judge says that I cannot file a criminal complaint in a federal court.
[01:10:53.240 --> 01:10:58.040]  The judge says he can't file a criminal complaint in a federal court.
[01:10:58.040 --> 01:11:01.800]  Wait a minute.
[01:11:01.800 --> 01:11:06.360]  A judge, you're talking about a state judge?
[01:11:06.360 --> 01:11:07.360]  Federal.
[01:11:07.360 --> 01:11:10.120]  No, no, no.
[01:11:10.120 --> 01:11:15.720]  Is the federal judge saying he can't file a complaint in a federal court?
[01:11:15.720 --> 01:11:17.720]  I can't.
[01:11:17.720 --> 01:11:21.560]  Oh, no, you don't file it with the judge.
[01:11:21.560 --> 01:11:26.800]  You file it with the same person, but you do so in his capacity as a magistrate.
[01:11:26.800 --> 01:11:35.480]  That's the way I put it in, when I file a criminal complaint against the attorney and
[01:11:35.480 --> 01:11:37.880]  against the defendant.
[01:11:37.880 --> 01:11:46.120]  Okay, then file criminal charges against the judge with the special agent charge of the
[01:11:46.120 --> 01:11:48.120]  FBI.
[01:11:48.120 --> 01:11:57.640]  I did that to Judge McBride here in Fort Worth, and oh, that was great fun.
[01:11:57.640 --> 01:12:06.300]  All judges are magistrates, and it's the duty of the judge to keep the peace, I mean, duty
[01:12:06.300 --> 01:12:12.680]  of the magistrate to keep the peace by hearing criminal complaints.
[01:12:12.680 --> 01:12:15.720]  I put that in the brief, so what?
[01:12:15.720 --> 01:12:19.000]  Well, file criminally against him, sue him personally.
[01:12:19.000 --> 01:12:29.160]  Well, it's the second criminal complaint and burglary and judicial conduct.
[01:12:29.160 --> 01:12:34.520]  Okay, you've done a judicial conduct on him?
[01:12:34.520 --> 01:12:38.080]  Conduct and burglary.
[01:12:38.080 --> 01:12:46.840]  Okay, then file, now make up a criminal complaint against him for official misconduct and file
[01:12:46.840 --> 01:12:56.120]  that with the special agent charge FBI in whatever your area is.
[01:12:56.120 --> 01:13:02.720]  No, they gave it to the head circuit court judge.
[01:13:02.720 --> 01:13:09.200]  I got a letter from the head circuit court judge, and there's a review.
[01:13:09.200 --> 01:13:13.520]  Okay, wait a minute, I'm missing something.
[01:13:13.520 --> 01:13:18.840]  Do you have a letter from the judge that you filed against?
[01:13:18.840 --> 01:13:26.800]  I got a letter from the top circuit judge, the head circuit judge, that I filed on this
[01:13:26.800 --> 01:13:28.440]  idiot before.
[01:13:28.440 --> 01:13:34.560]  Oh, okay, so now file against the head circuit judge for shielding from prosecution.
[01:13:34.560 --> 01:13:39.640]  That's what I say, this is the date that's just sat down.
[01:13:39.640 --> 01:13:41.520]  Wait a minute, what are you asking?
[01:13:41.520 --> 01:13:47.400]  Everything you, I'm saying you say you did, so you filed against everybody with everybody?
[01:13:47.400 --> 01:13:49.320]  Yeah.
[01:13:49.320 --> 01:13:55.440]  Okay, what was the last complaint you filed?
[01:13:55.440 --> 01:14:05.240]  The judge wrote me and told me they're going to take away my filing privileges in federal
[01:14:05.240 --> 01:14:12.480]  court if I don't quit filing, so I wrote a whole big brief on it.
[01:14:12.480 --> 01:14:19.320]  And then I filed criminal charges against the federal judge, the barteries, and the
[01:14:19.320 --> 01:14:20.880]  judicial complaint.
[01:14:20.880 --> 01:14:23.080]  Okay, I got that part.
[01:14:23.080 --> 01:14:27.880]  You filed that with, and you got a letter from the head judge?
[01:14:27.880 --> 01:14:34.200]  Yeah, I got a letter from the head judge that they're going to take them under review and
[01:14:34.200 --> 01:14:35.200]  look into it.
[01:14:35.200 --> 01:14:43.160]  In the meantime, this federal lower judge sent me this thing saying that I cannot file
[01:14:43.160 --> 01:14:49.720]  criminal charges against anybody because I'm a private party.
[01:14:49.720 --> 01:14:53.920]  So file criminal charges against him for witness tampering.
[01:14:53.920 --> 01:15:01.640]  Okay, well I'll get out that big list and just go through the whole list and drop all
[01:15:01.640 --> 01:15:09.360]  the charges, and then I'm going to charge the head circuit judge too while I'm at it.
[01:15:09.360 --> 01:15:11.680]  You might as well.
[01:15:11.680 --> 01:15:22.720]  The routine that we use, it's about making everything they do come out badly for them.
[01:15:22.720 --> 01:15:29.720]  So when they do these things, it gives you an opportunity to file against them even more.
[01:15:29.720 --> 01:15:34.360]  And for one to come and threaten you because you filed criminal charges against him, that's
[01:15:34.360 --> 01:15:36.360]  pretty serious business.
[01:15:36.360 --> 01:15:44.600]  All right, well I'll write another brief on criminal charges and all that stuff up again
[01:15:44.600 --> 01:15:48.000]  and send it back down to them.
[01:15:48.000 --> 01:15:50.080]  Okay, thank you, Randy.
[01:15:50.080 --> 01:15:55.680]  Okay, it'll be hard for them to come back after you for filing criminal charges because-
[01:15:55.680 --> 01:16:01.960]  It sounded like he was saying that they were not going to allow him to file any more criminal
[01:16:01.960 --> 01:16:02.960]  charges.
[01:16:02.960 --> 01:16:06.740]  Yeah, good luck with that.
[01:16:06.740 --> 01:16:12.240]  They were going to take away his filing privileges as if they're privileges and not rights.
[01:16:12.240 --> 01:16:13.240]  Exactly.
[01:16:13.240 --> 01:16:19.600]  His filing privileges because he's filing criminal charges.
[01:16:19.600 --> 01:16:24.600]  Makes me want to say something like, I'm going to take away your public officer privileges
[01:16:24.600 --> 01:16:26.680]  if you don't quit committing crimes.
[01:16:26.680 --> 01:16:27.680]  Exactly.
[01:16:27.680 --> 01:16:31.800]  And that's something you can actually get done.
[01:16:31.800 --> 01:16:37.720]  Along taking away your filing privileges, I'd like to see how his plans on doing that.
[01:16:37.720 --> 01:16:47.300]  Hang on, Randy Kelden, Brett Fountain, Rule of Law Radio, call in number 512-646-1984.
[01:16:47.300 --> 01:16:50.960]  Thank you, David, and stay after them.
[01:16:50.960 --> 01:17:01.120]  Hang on, we'll be right back.
[01:17:01.120 --> 01:17:05.440]  This radio network welcomes a new show to our lineup for the new year.
[01:17:05.440 --> 01:17:11.680]  Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. Central Time.
[01:17:11.680 --> 01:17:14.760]  Our goal is in accord with Matthew 5-16.
[01:17:14.760 --> 01:17:19.760]  Let your light so shine before men that they may see your good works and glorify your Father
[01:17:19.760 --> 01:17:21.320]  which is in heaven.
[01:17:21.320 --> 01:17:26.440]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[01:17:26.440 --> 01:17:31.680]  Thank Nana and guests for both verse-by-verse Bible studies and topical Bible studies designed
[01:17:31.680 --> 01:17:34.800]  to provoke unto love and good works.
[01:17:34.800 --> 01:17:39.180]  Our verse-by-verse Bible studies will begin in the book of Matthew where we will discuss
[01:17:39.180 --> 01:17:40.960]  one chapter per week.
[01:17:40.960 --> 01:17:46.020]  Our topical Bible studies will vary each week and will explore sound doctrine as well as
[01:17:46.020 --> 01:17:48.240]  Christian character development.
[01:17:48.240 --> 01:17:54.040]  So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to
[01:17:54.040 --> 01:18:04.480]  10 p.m. starting January 8th for an inspiring and motivating discussion of the Scriptures.
[01:18:04.480 --> 01:18:10.400]  It's the 2019 Logos Radio Network annual fundraiser and gun giveaway sponsored by Central Texas
[01:18:10.400 --> 01:18:11.400]  Gunworks.
[01:18:11.400 --> 01:18:15.040]  Go to LogosRadioNetwork.com and enter to win.
[01:18:15.040 --> 01:18:16.680]  Any amount is appreciated.
[01:18:16.680 --> 01:18:18.680]  Everything helps to keep us on the air.
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[01:19:01.000 --> 01:19:15.680]  This is the Logos Radio Network.
[01:19:15.680 --> 01:19:45.360]  Thanks for watching and see you in the next one.
[01:19:45.680 --> 01:19:57.480]  Okay, we are back.
[01:19:57.480 --> 01:20:01.600]  Randy Kelton, Brett Fountain, Wheel of Law Radio.
[01:20:01.600 --> 01:20:09.800]  And where call boards are empty, I expected Joseph to last longer, not Joseph, David to
[01:20:09.800 --> 01:20:10.800]  last longer.
[01:20:10.800 --> 01:20:16.840]  So if you have a question or comment, give us a call, we will have the phone lines open.
[01:20:16.840 --> 01:20:21.640]  We've got another 30 minutes, another 45 minutes.
[01:20:21.640 --> 01:20:24.300]  We've got three segments left.
[01:20:24.300 --> 01:20:29.440]  So I'm going to go back to what I'm putting together.
[01:20:29.440 --> 01:20:32.320]  Some of the pieces are beginning to fall in place.
[01:20:32.320 --> 01:20:37.040]  I'm bringing up the traffic side, I'm not charging for it yet.
[01:20:37.040 --> 01:20:42.600]  I haven't been monitoring it for quite a while, but I've changed things around.
[01:20:42.600 --> 01:20:44.080]  Now I'll start monitoring it.
[01:20:44.080 --> 01:20:50.200]  So if you have a traffic issue, especially in Texas, but even if other states, if I start
[01:20:50.200 --> 01:20:56.580]  getting people using it from other states, then I will start looking up a case law for
[01:20:56.580 --> 01:21:00.020]  those states so I can add to it.
[01:21:00.020 --> 01:21:09.180]  The secondary questionnaire will be relatively generic.
[01:21:09.180 --> 01:21:16.800]  How you write the initial documents will be somewhat specific to the states, different
[01:21:16.800 --> 01:21:22.400]  states because of how their laws are structured in Texas.
[01:21:22.400 --> 01:21:30.040]  The laws only authorize sheriff's deputies to enforce the traffic code under certain
[01:21:30.040 --> 01:21:31.040]  circumstances.
[01:21:31.040 --> 01:21:36.480]  And there's nothing that authorizes municipal officers to arrest, to enforce the traffic
[01:21:36.480 --> 01:21:37.480]  code.
[01:21:37.480 --> 01:21:40.560]  So that gives us arguments we don't have in other states.
[01:21:40.560 --> 01:21:46.000]  In Tennessee, any peace officers authorized to enforce the transportation code and I think
[01:21:46.000 --> 01:21:48.400]  Alabama and a few other states.
[01:21:48.400 --> 01:21:51.060]  So part of that will be state specific.
[01:21:51.060 --> 01:22:00.280]  But once you get past the first set, then the issue of how the courts conduct themselves
[01:22:00.280 --> 01:22:03.040]  is not state specific.
[01:22:03.040 --> 01:22:09.400]  That for the most part goes to constitution and the federal requirements.
[01:22:09.400 --> 01:22:17.840]  Brett, you were speaking about changes to the Texas Code of Criminal Procedure to bring
[01:22:17.840 --> 01:22:23.000]  it more in line with the, I'm sorry, appellate procedure, to bring it more in line with the
[01:22:23.000 --> 01:22:25.720]  federal laws.
[01:22:25.720 --> 01:22:28.440]  And that's a push that's on with all the states.
[01:22:28.440 --> 01:22:35.560]  The federal government put out a model penal code and criminal procedure code and encouraged
[01:22:35.560 --> 01:22:40.580]  the states to adopt it so there would be uniformity in law.
[01:22:40.580 --> 01:22:44.640]  And for the most part there is because it all goes to federal rights and federal due
[01:22:44.640 --> 01:22:46.640]  process.
[01:22:46.640 --> 01:22:49.240]  The place where it's different is traffic.
[01:22:49.240 --> 01:22:56.640]  Each state has different laws on traffic right down there at the bottom.
[01:22:56.640 --> 01:23:01.240]  But once you move out of the bottom and move up into due process, it gets pretty consistent.
[01:23:01.240 --> 01:23:04.040]  So I'll start building this second set.
[01:23:04.040 --> 01:23:07.400]  The second set's the fun set.
[01:23:07.400 --> 01:23:13.200]  You go in first and they just blow everything off and try to squeeze you into making a deal.
[01:23:13.200 --> 01:23:18.400]  But when you don't make a deal, you go home, they call you in, you have to come in for
[01:23:18.400 --> 01:23:24.520]  a court hearing and they send you to a prosecutor and he tries to squeeze a deal out of you.
[01:23:24.520 --> 01:23:29.040]  If you don't make a deal with him, then you go home and go to our questionnaire and it
[01:23:29.040 --> 01:23:35.880]  will walk through all the due process violations they make.
[01:23:35.880 --> 01:23:48.960]  It will question you about the officer himself, whether or not he violated any rules or regulations
[01:23:48.960 --> 01:23:52.660]  or due process, anything that went to due process.
[01:23:52.660 --> 01:23:57.800]  And these will get, if he violated criminal law, then he gets criminal complaints.
[01:23:57.800 --> 01:24:02.960]  Like he arrests you and doesn't take you directly to the nearest magistrate.
[01:24:02.960 --> 01:24:06.600]  It'll get a criminal complaint every time.
[01:24:06.600 --> 01:24:12.760]  And it'll get a professional conduct and professional conduct are really the most troublesome for
[01:24:12.760 --> 01:24:16.240]  these officials.
[01:24:16.240 --> 01:24:20.880]  And then when, if they send you to the prosecutor instead of the judge, then you charge the
[01:24:20.880 --> 01:24:24.040]  prosecutor who's impersonating a judicial officer.
[01:24:24.040 --> 01:24:31.360]  See the prosecutor's not part of the judiciary, he's part of the executive.
[01:24:31.360 --> 01:24:36.360]  And even if he was judiciary, he's not the judge.
[01:24:36.360 --> 01:24:42.480]  He can't summon you to come to meet with him and the judge can't summon you to come to
[01:24:42.480 --> 01:24:44.640]  meet with him.
[01:24:44.640 --> 01:24:51.040]  The judge can summon you to meet with the judge in court, but he can't summon you to
[01:24:51.040 --> 01:24:53.560]  come and meet with a prosecutor and they all do that.
[01:24:53.560 --> 01:24:59.360]  The last time I went to one of those hearings, brand new prosecutor, just out of law school,
[01:24:59.360 --> 01:25:05.000]  it was her first day and I charged her with 58 felonies.
[01:25:05.000 --> 01:25:08.760]  Oh, that was great fun.
[01:25:08.760 --> 01:25:13.600]  So we'll start doing that.
[01:25:13.600 --> 01:25:21.480]  This I'm going to use as a proof of concept for the larger project.
[01:25:21.480 --> 01:25:22.480]  I'm ready to do that.
[01:25:22.480 --> 01:25:25.640]  I have enough in place.
[01:25:25.640 --> 01:25:31.000]  I've got a million and a half questions in my database at this point.
[01:25:31.000 --> 01:25:40.680]  So now we can build out a pretty good second response where you bar grieve the lawyers,
[01:25:40.680 --> 01:25:42.680]  judicial conduct complaint the judge.
[01:25:42.680 --> 01:25:47.600]  If the judge is a lawyer, you bar grieve the judge as well.
[01:25:47.600 --> 01:25:53.560]  These guys will all go ballistic and it won't take long until they won't be able to hire
[01:25:53.560 --> 01:25:59.560]  prosecutors or judges because most of the judges in these municipal courts are all lawyers
[01:25:59.560 --> 01:26:05.480]  and they're not the sharpest knives in the drawer.
[01:26:05.480 --> 01:26:13.400]  That's why they're down here at the local, the municipal and JP courts growing for dollars.
[01:26:13.400 --> 01:26:19.880]  So we sting them good, double their malpractice insurance costs and they're history, they're
[01:26:19.880 --> 01:26:22.240]  out of here.
[01:26:22.240 --> 01:26:24.760]  So I'm looking forward to getting that going.
[01:26:24.760 --> 01:26:32.320]  I hope by the weekend that I have my database, backside database, what I want it to do is
[01:26:32.320 --> 01:26:35.560]  produce the documents as soon as you finish.
[01:26:35.560 --> 01:26:43.700]  Right now I have to, it sends me information and then I have to manipulate that to produce
[01:26:43.700 --> 01:26:45.900]  the documents.
[01:26:45.900 --> 01:26:50.480]  So if I can get it in a database, then it will produce the documents immediately.
[01:26:50.480 --> 01:26:51.480]  So I'm working on that.
[01:26:51.480 --> 01:26:53.200]  I'm having a little voice issues.
[01:26:53.200 --> 01:26:56.720]  You want to pick this up, Brett?
[01:26:56.720 --> 01:26:57.720]  Sure.
[01:26:57.720 --> 01:27:03.300]  Say something intuitive and insightful.
[01:27:03.300 --> 01:27:11.200]  The Texas Supreme Court has just released, I don't know if everybody watches your court
[01:27:11.200 --> 01:27:19.040]  in your state come out with different rules, but in Texas we watch TxCourts.gov and we
[01:27:19.040 --> 01:27:28.160]  can see when they release some new revision of their, in Texas, it's the civil, the Texas
[01:27:28.160 --> 01:27:31.440]  rules of civil procedure.
[01:27:31.440 --> 01:27:35.280]  We can see when that comes out with some little adjustments, well, they've given us what I
[01:27:35.280 --> 01:27:37.740]  consider a present.
[01:27:37.740 --> 01:27:46.620]  As I'm looking through this, they took away our ability in discovery to put in a discovery
[01:27:46.620 --> 01:28:01.040]  request for disclosure, however, as a replacement for that, they set up some required disclosures.
[01:28:01.040 --> 01:28:05.080]  So there are certain things that lawyers are not used to producing and don't really want
[01:28:05.080 --> 01:28:14.980]  to tell you about, but now they have to, they don't even get to wait until you ask for it.
[01:28:14.980 --> 01:28:17.280]  They just have to go ahead and give it to you.
[01:28:17.280 --> 01:28:22.280]  So what are the new discoveries that they don't want to give?
[01:28:22.280 --> 01:28:29.680]  Well, I think one of them would be that their legal theories and their factual bases for
[01:28:29.680 --> 01:28:34.600]  how they came to the position that they have.
[01:28:34.600 --> 01:28:38.360]  They usually try to consider that, oh, that's my work product or something, and they try
[01:28:38.360 --> 01:28:43.200]  to say, well, that's an issue for trial.
[01:28:43.200 --> 01:28:46.560]  They can't say that anymore.
[01:28:46.560 --> 01:28:49.360]  So this will apply to prosecutors as well?
[01:28:49.360 --> 01:28:50.360]  Yes.
[01:28:50.360 --> 01:29:05.560]  Oh, how does that jive with the Michael Morton Act 3917 that allows them to withhold discovery
[01:29:05.560 --> 01:29:07.720]  from pro se litigants?
[01:29:07.720 --> 01:29:11.840]  Yeah, that's criminal and this is civil.
[01:29:11.840 --> 01:29:20.680]  So wherever they conflict, then in a criminal case, that one would have to take precedence.
[01:29:20.680 --> 01:29:31.480]  But the allowing to withhold, it doesn't actually say that, it says that the attorney, the defendant's
[01:29:31.480 --> 01:29:41.000]  attorney is required to show certain things, but is not required to let them have a copy.
[01:29:41.000 --> 01:29:48.960]  I guess we can look at some more of these after we come back from the sponsors.
[01:29:48.960 --> 01:30:03.480]  If you want to call in, we've got two more segments and we'll be right back.
[01:30:03.480 --> 01:30:09.000]  Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps
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[01:34:24.800 --> 01:34:49.240]  Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio, and we're going to Tina.
[01:34:49.240 --> 01:34:55.600]  We've got a full board of callers in that last segment to kind of build up.
[01:34:55.600 --> 01:34:56.600]  Going to Tina in California.
[01:34:56.600 --> 01:34:57.600]  Hello, Tina.
[01:34:57.600 --> 01:34:58.600]  Hello, Randy and Brett.
[01:34:58.600 --> 01:34:59.600]  How are you?
[01:34:59.600 --> 01:35:00.600]  Hey, there.
[01:35:00.600 --> 01:35:06.600]  I don't want to talk about it, I'll vomit.
[01:35:06.600 --> 01:35:15.880]  No, no, I'm calling a bit what Brett was just saying, there's two things I wanted to comment
[01:35:15.880 --> 01:35:16.880]  on.
[01:35:16.880 --> 01:35:28.280]  One, about the duty to disclose, there's a Rule 26 that is required disclosure, you know,
[01:35:28.280 --> 01:35:35.960]  with an initial disclosure, Rule 26A1B, or is otherwise stipulated or ordered by the
[01:35:35.960 --> 01:35:41.640]  court, a party must, without awaiting discovery request, provide to the other parties, and
[01:35:41.640 --> 01:35:49.280]  that gives a whole list of things that they must provide without awaiting the discovery.
[01:35:49.280 --> 01:35:52.120]  So how would that clash with what you've got?
[01:35:52.120 --> 01:35:53.960]  Oh, it doesn't clash.
[01:35:53.960 --> 01:35:59.000]  This is Texas coming into more in line with that.
[01:35:59.000 --> 01:36:05.040]  What you're quoting is federal, that rule is FRCP, this is TRCP, the Federal Rules of
[01:36:05.040 --> 01:36:08.160]  Civil Procedure, Texas Rules of Civil Procedure.
[01:36:08.160 --> 01:36:14.120]  Texas did have a situation where you could ask for these things, and that could be the
[01:36:14.120 --> 01:36:19.960]  content of a discovery request for production, that they would produce the, I mean, for disclosure,
[01:36:19.960 --> 01:36:24.220]  that they would disclose these things, and you could ask them to, and they are required
[01:36:24.220 --> 01:36:25.220]  to tell you.
[01:36:25.220 --> 01:36:29.160]  Of course, they never did, and then you have to do the bar grievance and all that stuff,
[01:36:29.160 --> 01:36:37.240]  but now, Texas is saying, just similar to what the federal rule says, they are required
[01:36:37.240 --> 01:36:38.860]  to initially disclose this.
[01:36:38.860 --> 01:36:44.240]  When they come making an accusation, they have to go ahead and lay all that out on the
[01:36:44.240 --> 01:36:45.240]  table.
[01:36:45.240 --> 01:36:47.360]  No waiting for discovery request.
[01:36:47.360 --> 01:36:55.600]  Because each state would have to look at their own state to see if they have a similar rule
[01:36:55.600 --> 01:36:58.080]  in regards to this federal rule.
[01:36:58.080 --> 01:37:05.080]  Now if, let's say, a bank, you know, in a foreclosure, they move a case from state court
[01:37:05.080 --> 01:37:10.640]  to federal, does this rule 26 then immediately apply?
[01:37:10.640 --> 01:37:13.320]  Oh, good question.
[01:37:13.320 --> 01:37:15.800]  I would think it does.
[01:37:15.800 --> 01:37:17.480]  What do you say, Randy?
[01:37:17.480 --> 01:37:21.400]  Does the federal rule begin to apply when they do the removal to Fed?
[01:37:21.400 --> 01:37:28.480]  They absolutely have to, because what they're saying is, is this case was filed in the wrong
[01:37:28.480 --> 01:37:34.160]  court, and the proper venue was the Fed.
[01:37:34.160 --> 01:37:39.440]  So it is as if the case was refiled.
[01:37:39.440 --> 01:37:44.720]  So I would say absolutely.
[01:37:44.720 --> 01:37:54.880]  If they did not provide these discoveries immediately, then how late is it to bar grieve
[01:37:54.880 --> 01:37:58.880]  the attorneys or do something about it?
[01:37:58.880 --> 01:38:02.040]  Just whenever you feel like it.
[01:38:02.040 --> 01:38:09.320]  If you bar grieve the attorneys and it's too late by statute, let them argue that.
[01:38:09.320 --> 01:38:11.440]  We go back to statute of limitations.
[01:38:11.440 --> 01:38:16.040]  Statute of limitations is not a bar.
[01:38:16.040 --> 01:38:18.940]  It's an affirmative defense.
[01:38:18.940 --> 01:38:27.920]  So if there is a time limit on when you can file a bar grievance, consider that not as
[01:38:27.920 --> 01:38:33.120]  a bar, but as an affirmative defense to the grievance, and they can bring it up if they
[01:38:33.120 --> 01:38:34.120]  want to.
[01:38:34.120 --> 01:38:35.120]  Okay.
[01:38:35.120 --> 01:38:36.120]  Well.
[01:38:36.120 --> 01:38:41.280]  So file them anytime.
[01:38:41.280 --> 01:38:43.880]  I got a couple there to do.
[01:38:43.880 --> 01:38:44.880]  Okay.
[01:38:44.880 --> 01:38:45.880]  That's good to know.
[01:38:45.880 --> 01:38:51.480]  The second thing I was commenting on, the first guy was very informative, but the guy
[01:38:51.480 --> 01:38:58.920]  who talked about being told that he was going to be barred from filing, does that go to
[01:38:58.920 --> 01:39:02.680]  were they trying to say that he was a vexatious litigant?
[01:39:02.680 --> 01:39:07.440]  No, they can't.
[01:39:07.440 --> 01:39:14.440]  He said that the judge threatened to take away his filing privileges.
[01:39:14.440 --> 01:39:19.440]  So that's what they do when you're a vexatious litigant.
[01:39:19.440 --> 01:39:21.560]  Yeah, but you can't be a vexatious-
[01:39:21.560 --> 01:39:23.960]  But he's not bringing in civil suits.
[01:39:23.960 --> 01:39:26.200]  He's reporting crimes.
[01:39:26.200 --> 01:39:27.920]  Yeah.
[01:39:27.920 --> 01:39:36.040]  And if it's a felony, and he's talking about in the Fed, and you don't report it, you can
[01:39:36.040 --> 01:39:38.360]  be prosecuted for that.
[01:39:38.360 --> 01:39:39.520]  Yeah.
[01:39:39.520 --> 01:39:46.800]  18 US code, four, and three has been repealed.
[01:39:46.800 --> 01:39:48.120]  So it's right up there in the front.
[01:39:48.120 --> 01:39:50.760]  I mean, they didn't stick it way in the back somewhere.
[01:39:50.760 --> 01:39:53.520]  They wanted you to see it.
[01:39:53.520 --> 01:39:56.040]  So you don't report it, you can go to jail.
[01:39:56.040 --> 01:40:02.480]  So if you can go to jail for doing something, you cannot be missed with... I mean, if you
[01:40:02.480 --> 01:40:09.320]  can go to jail for not doing something, they can't do anything to you for doing what you
[01:40:09.320 --> 01:40:11.440]  are required to do.
[01:40:11.440 --> 01:40:17.040]  And for a judge to tell him that, that's witness tampering.
[01:40:17.040 --> 01:40:26.280]  And that is not... That's kind of like what Judge McBride did when he dismissed a petition
[01:40:26.280 --> 01:40:29.640]  for declaratory judgment for failure to stay declarative.
[01:40:29.640 --> 01:40:34.240]  Duh, they don't have claims.
[01:40:34.240 --> 01:40:39.360]  So it was... That's what telling them you can't file criminal charges is.
[01:40:39.360 --> 01:40:40.360]  Same thing.
[01:40:40.360 --> 01:40:47.480]  It's a statutory requirement.
[01:40:47.480 --> 01:40:49.480]  Okay.
[01:40:49.480 --> 01:40:55.440]  Well, that's an interesting concept because I was just going to say if it was leaning
[01:40:55.440 --> 01:41:00.800]  towards the vexatious litigant, which it obviously isn't, the way to potentially get around that
[01:41:00.800 --> 01:41:07.420]  is to find a friendly attorney who's willing to file it for you because they see this merit
[01:41:07.420 --> 01:41:14.320]  and then they withdraw as counsel after they've... About two or three weeks after they've
[01:41:14.320 --> 01:41:19.880]  filed it, leaving you as pro-per because that may be a way around to get through the vexatious
[01:41:19.880 --> 01:41:27.520]  litigant because it really only applies to people who file in pro-per.
[01:41:27.520 --> 01:41:37.000]  You have to file three suits and have all three of them dismissed for frivolous.
[01:41:37.000 --> 01:41:42.840]  That's what the code, as I recall, says in order to be declarative vexatious litigant.
[01:41:42.840 --> 01:41:48.920]  But they declare you a vexatious litigant just because they want to.
[01:41:48.920 --> 01:41:49.920]  And that-
[01:41:49.920 --> 01:41:56.240]  Just for clarity, is it... When you say declared frivolous, are you talking about judicial
[01:41:56.240 --> 01:42:02.600]  review and the judge ends the case and says, this was frivolous, it didn't have any merit?
[01:42:02.600 --> 01:42:08.040]  Or are you talking about the opinion of an attorney in the lobby who doesn't want to
[01:42:08.040 --> 01:42:09.720]  let you get to judicial review?
[01:42:09.720 --> 01:42:10.720]  Right.
[01:42:10.720 --> 01:42:17.720]  It only goes to a judicial determination, a dismissal for a frivolous filing.
[01:42:17.720 --> 01:42:20.080]  It has to be three of them.
[01:42:20.080 --> 01:42:22.880]  Doesn't matter what the lawyers think.
[01:42:22.880 --> 01:42:27.040]  The lawyers think anything, of course, they file as frivolous.
[01:42:27.040 --> 01:42:31.200]  But that's what's required, but judges do it anyway.
[01:42:31.200 --> 01:42:36.760]  And the problem is, is it puts you on uphill side that you have to argue that it's not
[01:42:36.760 --> 01:42:37.760]  frivolous.
[01:42:37.760 --> 01:42:43.720]  That's what they do when they send you a notice to appear to the wrong address.
[01:42:43.720 --> 01:42:48.440]  Well, you have an affirmative defense, but it puts you in a position to where you have
[01:42:48.440 --> 01:42:51.480]  to raise that affirmative defense.
[01:42:51.480 --> 01:42:54.880]  They do it wrong if they want to.
[01:42:54.880 --> 01:43:00.080]  So that should always get a criminal complaint and bar grievance, a judicial conduct complaint.
[01:43:00.080 --> 01:43:05.500]  And they do that because otherwise there's no downside.
[01:43:05.500 --> 01:43:10.920]  So a judge has no downside to declaring you frivolous when you don't meet the requirements
[01:43:10.920 --> 01:43:16.240]  unless you bar grieve him and then sue him for acting outside of scope.
[01:43:16.240 --> 01:43:20.920]  Now, you can't sue a judge for acting in scope.
[01:43:20.920 --> 01:43:26.200]  Well, actually you can.
[01:43:26.200 --> 01:43:28.520]  Immunity is not a bar.
[01:43:28.520 --> 01:43:33.220]  Immunity again is an affirmative defense, forced the judge to bring the affirmative
[01:43:33.220 --> 01:43:34.280]  defense.
[01:43:34.280 --> 01:43:41.800]  And that puts the suit on the record and marks his career.
[01:43:41.800 --> 01:43:46.920]  So we pull the same garbage on them.
[01:43:46.920 --> 01:43:53.680]  Okay, hang on, go into our sponsors, Randy Kelton, Brett Fountain, Rule of Law Radio,
[01:43:53.680 --> 01:43:54.680]  go into our last segment.
[01:43:54.680 --> 01:43:57.560]  I won't give out the call in numbers.
[01:43:57.560 --> 01:44:00.400]  We'll be right back.
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[01:46:19.760 --> 01:46:46.040]  Okay, we are back.
[01:46:46.040 --> 01:46:51.160]  Randy Kelton, Brett Fountain, Rule of Law Radio on this Thursday, the seventh day of
[01:46:51.160 --> 01:46:57.840]  January 2021 and we're talking to Tina in California.
[01:46:57.840 --> 01:46:59.960]  Do you have anything else for us, Tina?
[01:46:59.960 --> 01:47:05.000]  No, I will let you go to the cause except I just want to say something, I just got an
[01:47:05.000 --> 01:47:12.960]  email that says the effort to recall our Governor Newsom just reached 1 million signatures of
[01:47:12.960 --> 01:47:20.760]  the 1.495 they need and we have until March to achieve it.
[01:47:20.760 --> 01:47:26.920]  So they have until March and how long has it been going?
[01:47:26.920 --> 01:47:35.680]  I'm not sure it doesn't say, it just says as of December 28th they've collected 911,000
[01:47:35.680 --> 01:47:39.260]  and we're going to have said many of those signatures poured in during the weeks following
[01:47:39.260 --> 01:47:44.200]  the Governor's infamous trip to the French Laundry restaurant and the Governor's efforts
[01:47:44.200 --> 01:47:55.040]  to keep the state closed down and they also, an Irvine-based consulting firm recently gave
[01:47:55.040 --> 01:48:00.080]  the recall effort a $500,000 donation.
[01:48:00.080 --> 01:48:12.680]  Wow, and this is California, probably the bluest state in the union, has had enough.
[01:48:12.680 --> 01:48:13.680]  That's encouraging.
[01:48:13.680 --> 01:48:20.400]  It says in November a judge gave the recall campaign three additional months to collect
[01:48:20.400 --> 01:48:25.880]  the nearly 1.5 million signatures needed to trigger the special election so we have until
[01:48:25.880 --> 01:48:27.640]  March the 10th.
[01:48:27.640 --> 01:48:33.080]  So there's two-thirds of the way there and things are just going to get worse because
[01:48:33.080 --> 01:48:41.920]  now the prohibition on foreclosures has been lifted, the moratorium, and now people are
[01:48:41.920 --> 01:48:46.120]  going to start going out in the street, getting thrown in the streets and they're really going
[01:48:46.120 --> 01:48:52.960]  to be unhappy so it will be a very good sign if we get it going, if you get the California
[01:48:52.960 --> 01:48:53.960]  Governor recalled.
[01:48:53.960 --> 01:49:00.320]  We'll keep working on it and in the meantime we'll let you go to all the callers.
[01:49:00.320 --> 01:49:01.880]  Okay thank you Tina.
[01:49:01.880 --> 01:49:04.960]  Now we're going to go to John in New York.
[01:49:04.960 --> 01:49:06.960]  Hello John.
[01:49:06.960 --> 01:49:09.360]  Hello John in New York, how are you?
[01:49:09.360 --> 01:49:10.360]  I am good.
[01:49:10.360 --> 01:49:13.440]  What do you have for us today?
[01:49:13.440 --> 01:49:20.600]  Well you may have done this earlier but please if you can, comment on Mr. Pence who thinks
[01:49:20.600 --> 01:49:21.600]  he does not have...
[01:49:21.600 --> 01:49:28.240]  No, no, no I'm not talking about, I have been talking about what has occurred, the politics
[01:49:28.240 --> 01:49:34.560]  all day and I started out with the show, I was so depressed, I produced Tom Carley's
[01:49:34.560 --> 01:49:40.160]  show and by the time he was done I was so depressed I thought I was going to vomit.
[01:49:40.160 --> 01:49:48.360]  Well does he have the power to ignore those six state electoral votes or not?
[01:49:48.360 --> 01:49:50.320]  It's either a yes or a no and then...
[01:49:50.320 --> 01:50:00.520]  I don't know, there's one other answer and it's I don't know, that's a specialized area,
[01:50:00.520 --> 01:50:09.800]  Pastor Masson would probably know but I don't know that, it's just that's so specific, most
[01:50:09.800 --> 01:50:15.480]  almost certainly the law says, will say that he can.
[01:50:15.480 --> 01:50:22.040]  Yeah I believe so too from what I read, yeah, I just wanted to make sure I was right but
[01:50:22.040 --> 01:50:23.040]  anyway.
[01:50:23.040 --> 01:50:30.840]  Yeah, Pence did it and nobody rose up and said he's not allowed to do it, they're saying
[01:50:30.840 --> 01:50:36.760]  he's a dirty rotten betraying scoundrel for doing it but nobody said he didn't have the
[01:50:36.760 --> 01:50:39.240]  authority to.
[01:50:39.240 --> 01:50:45.960]  Yeah well, as far as I'm concerned he has committed treason and this country is in bad
[01:50:45.960 --> 01:50:51.800]  shape and the only sentence I'm going to say is if something isn't done very quickly we
[01:50:51.800 --> 01:50:57.760]  are not going, your show won't be necessary anymore because there will be no constitution
[01:50:57.760 --> 01:50:58.760]  at all.
[01:50:58.760 --> 01:51:08.500]  Well at this point I think the republic is pretty well done at this point.
[01:51:08.500 --> 01:51:13.960]  We get to be here to watch over the demise of the republic.
[01:51:13.960 --> 01:51:23.120]  In the next few months we can expect Biden to solidify his power and control and if he
[01:51:23.120 --> 01:51:27.800]  makes it eight years the next thing they're going to do is what Putin is doing, trying
[01:51:27.800 --> 01:51:38.320]  to eliminate term limits or what he's done already and we lost this battle.
[01:51:38.320 --> 01:51:46.040]  Yeah you think it's pretty well done, finished, phinny, kaput, am I right?
[01:51:46.040 --> 01:51:47.680]  Toast.
[01:51:47.680 --> 01:51:52.660]  The democrats got what they wanted, now they will reap what comes.
[01:51:52.660 --> 01:52:00.640]  My brother hated Trump with a, he just seethed with anger.
[01:52:00.640 --> 01:52:05.640]  He is on a pension from Northwest Airlines.
[01:52:05.640 --> 01:52:16.880]  What's he going to do when they consolidate all the airlines and his pension goes away?
[01:52:16.880 --> 01:52:17.880]  Good luck.
[01:52:17.880 --> 01:52:23.920]  Yeah what are we going to do when they confiscate our homes and our...
[01:52:23.920 --> 01:52:30.960]  No they won't go that far, look at Russia, look at China.
[01:52:30.960 --> 01:52:40.720]  I have a friend who does, a programmer from St. Petersburg and Russia in order to stabilize
[01:52:40.720 --> 01:52:48.680]  their economy had to remove the restrictions on private property and private businesses.
[01:52:48.680 --> 01:52:51.720]  This didn't work.
[01:52:51.720 --> 01:52:57.640]  China in order for them to come out of third world nation status they had to allow private
[01:52:57.640 --> 01:53:03.880]  businesses and private property so it just doesn't work without us so that's not something
[01:53:03.880 --> 01:53:04.880]  they'll do.
[01:53:04.880 --> 01:53:09.320]  Well no they'll pay tax to live in daylights out of your house and when you can't pay the
[01:53:09.320 --> 01:53:11.720]  tax then they'll confiscate it.
[01:53:11.720 --> 01:53:17.800]  Well yeah there will be a lot of that and look at Washington state, it rains almost
[01:53:17.800 --> 01:53:25.560]  every day there but with agenda 21 if you put a rain barrel at one of your gutters and
[01:53:25.560 --> 01:53:29.080]  collect the rainwater you go to jail for that.
[01:53:29.080 --> 01:53:30.080]  Against the law.
[01:53:30.080 --> 01:53:31.080]  Yeah.
[01:53:31.080 --> 01:53:44.040]  Agenda 21 is putting, under the guise of conservation, they're putting extreme controls on what you
[01:53:44.040 --> 01:53:48.880]  can do with your private property and what you can't do with your private property so
[01:53:48.880 --> 01:53:56.680]  I don't think they will take it away altogether but we will get massive amounts of controls
[01:53:56.680 --> 01:53:59.000]  over what we can do and what we can't do.
[01:53:59.000 --> 01:54:04.720]  And it will cost us a lot of money and then in that we'll lose the house, we'll lose the
[01:54:04.720 --> 01:54:05.720]  car.
[01:54:05.720 --> 01:54:09.880]  Yes, yes there will be a lot of that and that's already going to happen.
[01:54:09.880 --> 01:54:15.160]  Nothing's going to be worse than what agenda, what COVID-19 is going to do in the next few
[01:54:15.160 --> 01:54:23.880]  months it's going to get absolutely insane and that may be a consequence that they, the
[01:54:23.880 --> 01:54:31.720]  Democrats haven't really prepared for because they can try to blame Trump but Trump's not
[01:54:31.720 --> 01:54:41.440]  there anymore and in September we had 41.2 million people six months behind on their
[01:54:41.440 --> 01:54:49.320]  mortgage but there was a moratorium on, the moratorium's gone now.
[01:54:49.320 --> 01:54:55.920]  So now we're going to have, the Los Angeles stopped interfering with the tent cities that
[01:54:55.920 --> 01:55:01.120]  are growing up everywhere, Long Beach has stopped interfering because so many people
[01:55:01.120 --> 01:55:10.800]  are on the streets and the foreclosure tsunami hasn't really got started good yet.
[01:55:10.800 --> 01:55:18.040]  So really serious problems are coming for the Democrats, good luck with this.
[01:55:18.040 --> 01:55:25.000]  In other words, they're going to be blamed for what they're doing and they can't blame
[01:55:25.000 --> 01:55:26.720]  Trump no more.
[01:55:26.720 --> 01:55:33.160]  All right now my last question, my last question is this country is under siege right now by
[01:55:33.160 --> 01:55:39.760]  foreign powers and by domestic powers that are looking for the overthrow of the government.
[01:55:39.760 --> 01:55:49.680]  That is enough for martial law or to declare the Sedition Act.
[01:55:49.680 --> 01:55:57.720]  Too late, 13 days is not enough.
[01:55:57.720 --> 01:56:04.320]  If he declares it Biden will just undeclare it and it's over.
[01:56:04.320 --> 01:56:09.160]  If he was going to declare martial law and he didn't do that before the election, way
[01:56:09.160 --> 01:56:13.860]  too late for that.
[01:56:13.860 --> 01:56:21.380]  But okay, even if Biden gets in the world's not going to just stop tomorrow and we've
[01:56:21.380 --> 01:56:29.640]  had other times like this when Kennedy was shot, when the country bankrupted, we've been
[01:56:29.640 --> 01:56:33.360]  through world wars, we've been through difficulty before.
[01:56:33.360 --> 01:56:36.260]  This one is a serious crisis.
[01:56:36.260 --> 01:56:41.560]  They have some Achilles heels and one of their biggest Achilles heels is the fact that the
[01:56:41.560 --> 01:56:43.980]  population's aging.
[01:56:43.980 --> 01:56:48.920]  As the population ages, they tend to move away from liberal beliefs and move toward
[01:56:48.920 --> 01:56:51.020]  conservative beliefs.
[01:56:51.020 --> 01:56:56.980]  We have the heartland, we have this mass of people who actually voted for Trump and got
[01:56:56.980 --> 01:57:01.480]  their votes stolen who are not happy campers.
[01:57:01.480 --> 01:57:07.480]  At the end of the day, the federal government only has so much power.
[01:57:07.480 --> 01:57:13.840]  We have more states that are red than are not red and while they may be able to steal
[01:57:13.840 --> 01:57:20.840]  the vote in the major metropolitan areas as the major metropolitan areas start reeling
[01:57:20.840 --> 01:57:27.400]  under this tsunami of foreclosures and other economic issues and tax rates start going
[01:57:27.400 --> 01:57:35.920]  astronomical, they may have a hard time keeping control and I'm considering they may have
[01:57:35.920 --> 01:57:42.060]  a really hard time keeping the union in one piece.
[01:57:42.060 --> 01:57:49.080]  Not only Texas has been talking about secession, other states have been bringing it up as well.
[01:57:49.080 --> 01:57:55.560]  This is so outrageous, there is a likelihood that the union can break apart.
[01:57:55.560 --> 01:58:00.000]  Well, that would mean civil war.
[01:58:00.000 --> 01:58:08.200]  The COVID vaccine will keep America, the COVID-19 vaccine will keep the population down, trust
[01:58:08.200 --> 01:58:09.200]  me.
[01:58:09.200 --> 01:58:13.000]  Well, they've already started using it in England.
[01:58:13.000 --> 01:58:20.800]  If it is as bad as everyone says, we'll begin to see it and that'll raise more objection
[01:58:20.800 --> 01:58:21.800]  to it.
[01:58:21.800 --> 01:58:27.920]  Give it to all the attorneys first.
[01:58:27.920 --> 01:58:33.480]  This is what Brett's saying, all the judges and attorneys, go ahead with that one, Brett.
[01:58:33.480 --> 01:58:39.000]  Yeah, if we give it to them first, give it to the attorneys, then that way we're going
[01:58:39.000 --> 01:58:43.840]  to know if they survive, then we know the vaccine is safe.
[01:58:43.840 --> 01:58:50.600]  If they don't, the rest of the country is safe.
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