[00:00.000 --> 00:06.800]  The following news flashes brought to you by The Lone Star Lowdown.
[00:06.800 --> 00:13.200]  Markets for Monday, 22 July 2019 Open with precious metals, gold at $1,429 an ounce,
[00:13.200 --> 00:21.440]  silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.63 a barrel, Brent crude
[00:21.440 --> 00:29.760]  $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum
[00:29.760 --> 00:41.440]  $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:45.920 --> 00:52.400]  In history, the year 1916, the Preparedness Day bombing, a time suitcase bomb, was detonated
[00:52.400 --> 00:57.440]  on Market Street in San Francisco during the World War I Preparedness Day Parade,
[00:57.440 --> 01:00.320]  killing 10 and injuring 40 today in history.
[01:04.480 --> 01:09.360]  And recent news, since Governor Greg Abbott signed House Bill 1325, legalizing Hemp
[01:09.360 --> 01:14.160]  into taxes law back in June, county prosecutors around the state, including Houston, Austin,
[01:14.160 --> 01:17.840]  San Antonio, have been dropping marijuana possession charges and even refusing to
[01:17.840 --> 01:22.320]  file new ones, since they are stipulating that they do not have the time or the laboratory
[01:22.320 --> 01:27.120]  equipment to test the year for THC. Margaret Moore, the Travis County District Attorney,
[01:27.120 --> 01:31.120]  announced earlier this month that she was dismissing 32 felony possession and delivery
[01:31.120 --> 01:35.440]  of marijuana cases because of the law. Mr. Abbott and other state officials,
[01:35.440 --> 01:39.440]  including the Attorney General, stipulated in a letter to county district attorneys back on
[01:39.440 --> 01:44.400]  Thursday that marijuana has not been decriminalized in Texas and that these actions demonstrate
[01:44.400 --> 01:51.040]  a misunderstanding of how HB 1325 works, as well as other cities too, like the district attorney
[01:51.040 --> 01:57.280]  in El Paso, Kyma Esparza, a Democrat who also stated earlier this month that the law, quote,
[01:57.280 --> 02:02.720]  will not have an effect on the prosecution of marijuana cases in El Paso. However, the issue
[02:02.720 --> 02:07.520]  was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County,
[02:07.520 --> 02:11.920]  who stated that, quote, the law is constantly changing on what makes something illegal based
[02:11.920 --> 02:15.920]  on its chemical makeup. It's important that if someone is charged with something,
[02:15.920 --> 02:24.960]  the test matches what they're charged with. A paper by Tulane University identified a five
[02:24.960 --> 02:29.920]  and a half inch American pocket shark. As the first of its kind in the Gulf of Mexico,
[02:29.920 --> 02:35.440]  the specimen being only the second pocket shark ever captured or recorded with the other one
[02:35.440 --> 02:40.800]  being found way back in 1979 in the East Pacific Ocean. According to the university paper, the
[02:40.800 --> 02:47.680]  shark secretes a luminous fluid from a gland near its front fins for the purposes hypothesized to
[02:47.680 --> 03:13.680]  lure and prey who may be drawn into the glow. This is work roadie with a lowdown for July 22nd, 2019.
[03:17.680 --> 03:47.360]  Okay, we are back. Randy Kelton, Brett Fountain,
[03:47.360 --> 03:55.200]  Rutelaw Radio on this Friday, the third day of September, 2021. And we're talking to Mike and
[03:55.200 --> 04:07.760]  Tina and Mike in Ohio. And we're talking about someone trying to get visitation rights. What did
[04:07.760 --> 04:15.920]  you call that again, Mike? Companionship rights. Companionship rights. Have you ever heard of
[04:15.920 --> 04:23.120]  Jurisdictionary? No, I haven't. I've mentioned it. Yeah, I've mentioned it to you once, Mike,
[04:23.840 --> 04:30.960]  but I can help you with that. Okay, Mike, we're talking to you and it's clear to us
[04:31.680 --> 04:40.320]  that you have no legal knowledge. We have, this guy used to be a host on our show,
[04:40.320 --> 04:50.800]  Dr. Frederick Graves. He was a lawyer for 20 years and he put together a set of CDs that gives you
[04:50.800 --> 04:58.560]  all the basics. It actually gives you what they don't teach in law school. It tells you
[04:59.760 --> 05:05.680]  what motions to file, how to prepare motions, how to file motions, how to get them put on for hearing,
[05:05.680 --> 05:12.400]  how to argue against motions, all the basics when someone calls in to be asking for help.
[05:13.760 --> 05:18.640]  And they've been through Jurisdictionary. It takes me about five minutes to figure that out
[05:19.920 --> 05:26.960]  because they asked me really sophisticated questions. I had someone from Michigan recently,
[05:26.960 --> 05:33.840]  I said, well, you should have filed a motion for interlocutory appeal. He said, I did that.
[05:33.840 --> 05:38.560]  And on something else, you should have filed a petition for real mandamus. I did that.
[05:39.840 --> 05:45.200]  And one other thing, and he said, I did that. I said, have you been through Jurisdictionary?
[05:45.200 --> 05:52.960]  Oh yeah, yeah, I've been through that. Once you're through Jurisdictionary, it's the short course.
[05:54.880 --> 06:02.880]  Then you'll understand how all of these pieces work. Then you come back and we can have some
[06:02.880 --> 06:09.920]  really sophisticated conversations on how to get this stuff to go away. If you're the defendant,
[06:09.920 --> 06:17.120]  there should have been a motion to dismiss first thing. That should have been heard before any
[06:17.120 --> 06:25.120]  discovery. Discovery is a cash cow for these lawyers. They're just using that to milk you
[06:25.120 --> 06:34.400]  for everything they can. So before you do anything we suggest, get Jurisdictionary,
[06:34.400 --> 06:41.920]  go through it. Listen to some of our archives. You will hear a common theme.
[06:44.240 --> 06:52.960]  Primarily what I hope everyone gets from this show is you have remedy. You always have remedy.
[06:52.960 --> 07:00.960]  No matter what they do, you got stuff you can do. And once you realize you have things you can do,
[07:00.960 --> 07:09.120]  now you can start taking it back to them. Your lawyer is not on your side. Once you understand
[07:09.120 --> 07:16.800]  that and start acting from that perspective, your lawyer will figure that out really quick.
[07:16.800 --> 07:23.760]  Then your lawyer will be motivated to do what she should have done in the first place.
[07:26.400 --> 07:31.760]  And besides bar grieving the lawyer on the other side, this is what happens.
[07:32.480 --> 07:36.080]  You bar grieve the lawyer on the other side and the lawyer is going to have a fit.
[07:37.520 --> 07:42.720]  And then the next time the lawyer files a motion or pleading, or if they've already filed a number
[07:42.720 --> 07:47.680]  of motions and pleadings, you just take their motions and pleadings and claim something's
[07:47.680 --> 07:52.160]  wrong with it and bar grieve them. It's not going to matter what you complain about. They're going
[07:52.160 --> 07:59.280]  to throw them all out of trash. But if a lawyer has errors in admissions policy and they generally
[07:59.280 --> 08:07.600]  carry a million-dollar policies, if they have any reason to believe that they could possibly
[08:07.600 --> 08:17.200]  be subjected to litigation over an issue, if they don't report that knowledge to their carrier
[08:18.000 --> 08:25.120]  and they're subsequently sued, they're not covered. So if they get bar grieved,
[08:25.120 --> 08:32.720]  the worst part is they have to tell on themselves. And it doesn't matter what it is. If they're part
[08:32.720 --> 08:40.960]  of a law firm, first bar grievance goes to the lawyer, second bar grievance goes to everyone
[08:40.960 --> 08:48.960]  in the firm. Three bar grievances in that firm will get their insurance cancelled.
[08:50.640 --> 08:58.320]  What's going to happen is the lawyer will disappear and they'll get another lawyer.
[08:58.320 --> 09:05.920]  Brad, will you tell them about Ms. Patty? Well, yeah, he's talking about how lawyers disappear.
[09:05.920 --> 09:12.320]  And this is kind of an extreme case, I think, because most of the ones, I just deal with one
[09:12.320 --> 09:16.880]  lawyer and then I bar grieve them and they just disappear and the second one will come in. This
[09:16.880 --> 09:25.200]  one was pretty extreme. This was, we went through nine lawyers and lawyer number 10 stepped up for
[09:25.200 --> 09:32.640]  the next hearing in between the time that lawyer two disappeared and the others, all the partners of
[09:32.640 --> 09:40.720]  the firm, got bar grieved. They all went away and a lawyer number 10 that wasn't even, he wasn't
[09:40.720 --> 09:47.440]  even part of the firm. I don't know where they brought him in from, but they got this guy in
[09:47.440 --> 09:58.880]  to represent the case and he was so, he was walking on eggshells. He was tiptoeing to not get bar
[09:58.880 --> 10:09.760]  grieved. He was being so respectful. I'm going to pay with his words. I bet he was a new hire.
[10:10.720 --> 10:15.680]  He's probably just out of law school to get hot, got hired at this firm and the firm is
[10:15.680 --> 10:22.000]  throwing his behind under the bus. No, he was a seasoned guy. I just don't know where they got
[10:22.000 --> 10:28.000]  him from because he wasn't working for the firm at the time. I don't know. Maybe they pulled him in
[10:28.000 --> 10:39.280]  as he used to be the senior of counsel or something. I don't know, but yeah, he knew to be scared.
[10:39.280 --> 10:46.560]  He wasn't some new guy that was thinking that he's just going to come in there and solve all
[10:46.560 --> 10:59.920]  the world's problems. He knew enough to watch himself. Mike? Here's a good thing. My son's aunt
[10:59.920 --> 11:09.440]  were in probate as well and she has the owner of the law firm as her attorney for a probate.
[11:11.120 --> 11:17.920]  So that she has two attorneys on the same firm, but just one for the child stuff and one for the
[11:17.920 --> 11:31.440]  probate. That'll be two bar grieve inches, right? And you know when a lawyer that works for a law
[11:31.440 --> 11:39.920]  firm does something wrong, you can bar grieve not only that lawyer, but bar grieve the supervisor
[11:39.920 --> 11:50.640]  for facilitating that kind of behavior. And then you can also bar grieve the supervisor for,
[11:50.640 --> 11:57.200]  after the fact, not taking any kind of remedial action to fix the harm that that lawyer just did
[11:57.680 --> 12:03.200]  because they're responsible for what their underlings did. And you can also not only the
[12:03.200 --> 12:11.200]  supervisor, but all the lawyers, all the partners of that law firm have that same responsibility,
[12:11.200 --> 12:17.520]  those both of those same responsibilities. So you multiply and amplify in a hurry.
[12:18.080 --> 12:25.200]  Think about it, Mike. You're a lawyer in this large law firm and you get every other lawyer
[12:25.200 --> 12:36.320]  in the firm bar grieved. They are not going to be happy cameras. Problem with bar grievances
[12:36.320 --> 12:47.760]  is it goes on the lawyer's record and never, ever goes away. So you stung them. They take
[12:47.760 --> 12:58.240]  advantage of you. Fight back. And you have more tools than you know. I know this is probably
[12:58.240 --> 13:07.600]  overwhelming. A lot of information. If you take anything away from this, take away the fact
[13:07.600 --> 13:18.240]  that you have remedy. You do not live in a democracy. You live in a republic. You are by far
[13:18.240 --> 13:25.040]  the most powerful person who walks into that courthouse. Everybody answers to you.
[13:26.720 --> 13:33.040]  Your lawyer, their lawyer, the judge, the clerks, everybody. Once you understand that,
[13:33.040 --> 13:40.480]  that's what we try to show people is the real power they have. If we're going to fix this system,
[13:41.840 --> 13:49.360]  we're not going to fix it with some grand gesture and some major demonstration or some
[13:49.360 --> 13:53.760]  big time petition. We're going to fix it by empowering the individual.
[13:53.760 --> 14:03.440]  You have more power to take these on than you know. I know this woman who filed a criminal
[14:03.440 --> 14:12.320]  complaint against the director of the treasury. Have you ever heard of that woman?
[14:14.080 --> 14:17.840]  For him. I would not want that woman after me.
[14:17.840 --> 14:28.000]  And just a little old lady out of California takes on the highest level public official
[14:28.000 --> 14:34.480]  super rich guys in the country and he's not done with her yet. She's just getting warmed up on him.
[14:36.560 --> 14:44.080]  I filed a criminal complaint against the Texas governor because of all of his executive orders.
[14:44.080 --> 14:52.080]  The week those criminal complaints went to the grand jury, the governor rescinded all of his
[14:52.080 --> 15:01.680]  executive orders and 20 other states immediately followed suit. One guy in Vermont took my criminal
[15:01.680 --> 15:08.800]  complaint against the governor. We wrote it for Vermont, did a really nice job, filed it,
[15:08.800 --> 15:19.760]  and the governor there rescinded his orders. One guy. I'm one guy in 29 million.
[15:22.480 --> 15:31.280]  Jim was one guy in, I think it's 17 million in Vermont. Tina, one girl, which is worse,
[15:31.280 --> 15:40.800]  girls are meaner than guys. That's an established fact. Right, Tina? Yeah, I told him to tell you
[15:40.800 --> 15:49.360]  that. What? Actually the branch ones you're going to take? Yes. I told him. I know another one.
[15:52.080 --> 15:59.120]  You can't absolutely take these guys on. And there's one problem I do have to warn everybody about.
[15:59.120 --> 16:08.480]  Once you start doing this and start taking these guys on, it can get to be way too much fun.
[16:12.480 --> 16:19.600]  You know, it's a problem when they're coming after you. This aunt came after you and made you
[16:19.600 --> 16:24.720]  the defendant. Why in the world has your lawyer not filed a countersuit?
[16:24.720 --> 16:34.640]  You should file a countersuit and absolutely you should report this attempted kidnapping.
[16:36.640 --> 16:39.200]  That's likely to end the suit right there on his face.
[16:40.560 --> 16:44.960]  She shows criminal intent. There's no way the court could possibly give
[16:45.920 --> 16:49.760]  visitation to this person who attempted to kidnap the child.
[16:49.760 --> 16:55.360]  I don't know why you're you're alive.
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[19:24.880 --> 19:50.320]  Okay, we are back. This is the Rule of Law Radio. Randy Kelton, I'm Brett Fountain
[19:50.320 --> 20:00.560]  and we are talking with Mike in Ohio and Tina in California. And Mike, one thing that I think
[20:00.560 --> 20:13.280]  you might want to know about is ohiobar.org and for Vermont their bar association is vtbar.org.
[20:13.280 --> 20:19.040]  If you take a look at those you'll start to get familiar with the, you can find the form,
[20:19.040 --> 20:27.280]  you can find there, each attorney has a bar number that their form will ask for when you go to submit
[20:27.280 --> 20:31.600]  a bar grievance. You put the attorney's name and you put the date they did, whatever they did,
[20:32.160 --> 20:40.000]  and you put the bar number in there. And then you can decide a rule. Which rule did this
[20:40.000 --> 20:49.600]  attorney violate? And the states are all pretty well the same. You will want to reference the
[20:49.600 --> 20:56.720]  appropriate state. So if you're bar grieving the Vermont lawyers, use the Vermont rules
[20:57.840 --> 21:02.800]  to cite this lawyer, whatever, lied. So it's Rule 3.9 or whatever.
[21:02.800 --> 21:12.960]  Let me make a comment here. The state, the federal US, the American Bar Association
[21:13.520 --> 21:23.520]  put together a model, a set of model bar standards and all of the states except three adopted those
[21:23.520 --> 21:29.920]  standards. So when you read the standards for any one state and you read for another state,
[21:29.920 --> 21:38.720]  they read almost exactly the same. And they're really short. What is it Brett? One, two, three,
[21:38.720 --> 21:44.000]  five, and eight. Isn't that about all of them that would apply?
[21:45.360 --> 21:50.640]  Yeah, four has some good stuff too. It just, yeah, I don't really find it even useful out of six,
[21:50.640 --> 22:01.600]  seven at all. But yeah, there's several. I've reduced it down to just a handful really of rules
[22:01.600 --> 22:08.720]  inside of those top level rules. And they've all got maybe 20 or something inside each one.
[22:08.720 --> 22:15.520]  And there's really not that many that you need to use. You just kind of skim down through there
[22:15.520 --> 22:22.160]  and you'll say, oh, this one, yeah, that applies. What we say is either read like a comic book.
[22:23.760 --> 22:26.560]  You'll get tickled at all the stuff you can hammer them for.
[22:28.640 --> 22:36.160]  Okay, I'll show it up now. Well, yeah, it looks to me like it's just basically the golden rule.
[22:37.360 --> 22:42.320]  They should treat everybody like they would want to be treated. And in typical lawyer fashion,
[22:42.320 --> 22:49.040]  they've taken that simplicity and fluffed it up into over 100 pages worth of little rules that
[22:49.840 --> 22:57.120]  all attorneys are supposed to follow. But it's really simple when you just skim through there.
[22:57.120 --> 23:04.160]  You'll find easily which rules that you want to accuse this lawyer of violating. And then you just
[23:04.160 --> 23:13.040]  fill out the form. So vtbar.org. And if you need to use it on your law, you're in Ohio,
[23:13.040 --> 23:24.400]  Ohiobar.org. Yes, and go to ruleoflawradio.com and look for the link to Jurisdictionary.
[23:25.360 --> 23:31.600]  Get that course on a couple hundred bucks. It will be the most valuable thing you'll have.
[23:31.600 --> 23:38.720]  Then you'll be prepared to take them on. Then you can call in and we can have some really good
[23:38.720 --> 23:51.280]  conversations. Can I jump in here? He has something against the judge. The judge in the family court
[23:52.240 --> 23:59.120]  when the aunt brought this to them, she started crying. She took off some kind of
[23:59.120 --> 24:04.560]  strange therapist or whatever. So she knows how to play the system, you know, crying about it all.
[24:04.560 --> 24:13.920]  And the judge ordered Mike to take his 16-year-old son to a memorial for his mother in New Jersey.
[24:13.920 --> 24:20.080]  And he absolutely did not want to go. He was having panic attacks. Mike found him hiding in
[24:20.080 --> 24:28.800]  his closet in the house, you know, terrified of going. He was depressed. He took him to the hospital
[24:28.800 --> 24:34.720]  for it. He couldn't get any more doctor to say that he's not in the best interest of the child.
[24:35.360 --> 24:42.400]  And he would be held in contempt of court if he didn't take him. And I advised him to get
[24:42.400 --> 24:48.320]  a police to come and witness him trying to take him, but to warn his son that he was doing this,
[24:48.320 --> 24:53.440]  but his son had control. And if he said he didn't want to go, he wasn't going to go. And Mike did
[24:53.440 --> 25:02.720]  that. I mean, how could a judge order a father to take his son into a place which would cause him
[25:02.720 --> 25:13.760]  mental harm? Did he file depraved heart assault against a judge? No, but that looks good. I like
[25:13.760 --> 25:23.520]  that. I would suggest you do exactly that. You do not even let the son fill it out. Let the son
[25:25.840 --> 25:35.040]  have that honor. Can we do that at 16? No. He can fill out a statement, but
[25:36.160 --> 25:42.240]  it's probably 18 age of majority in most states, but he can certainly fill out a statement.
[25:42.240 --> 25:52.160]  Yeah. And file against the judge. You had him do something, didn't you? He had your son write
[25:52.160 --> 26:00.800]  a statement out, and the judge said he wouldn't take anything in writing from a child, and he had
[26:00.800 --> 26:07.120]  to go into an in-camera hearing, which the child didn't want to do. Well, screw the judge. Give
[26:07.120 --> 26:13.520]  the writing to the grand jury and see what they think of it. Okay. Should we file the depraved
[26:13.520 --> 26:21.760]  heart assault against the judge with the grand jury? Yes. Okay. I haven't looked at grand juries in
[26:21.760 --> 26:36.720]  Ohio. Okay. Look up grand juries in Ohio, and call back in next week. Do a little research on
[26:36.720 --> 26:42.320]  the nature of grand juries in Ohio. If, like Pennsylvania, you don't have access to grand
[26:42.320 --> 26:49.360]  juries, then we can do it through going after the prostituting attorney. File with a magistrate,
[26:49.360 --> 26:59.280]  and then the prostitute. We just run the routine on them. Okay. Gotcha. Yep. Ohio Grand Jury has
[26:59.280 --> 27:07.760]  an oath. When they become a grand juror, they have an oath or affirmation that they have to swear
[27:07.760 --> 27:12.560]  or affirm that they will diligently inquire into and carefully deliberate all matters that shall
[27:12.560 --> 27:19.760]  come to your attention concerning this service. It doesn't say all matters that come to your
[27:19.760 --> 27:29.680]  attention via the prosecutor. And that's most states. California, the Fed, and several other
[27:29.680 --> 27:36.640]  states have the grand jury shall examine into all matters that come to their attention by whatever
[27:36.640 --> 27:48.720]  means. And you are a citizen in a republic. You may do anything that you are not specifically
[27:48.720 --> 27:58.400]  forbidden by statute to do. The point of that is to look at the section on grand juries and see if
[27:58.400 --> 28:06.560]  there is anything in there that forbids a citizen from giving notice to a grand jury of crime.
[28:06.560 --> 28:19.360]  In most states, crimes, criminal complaints are presented to some magistrate. All judges are
[28:19.360 --> 28:27.600]  magistrates. But when they receive a criminal complaint, that does not invoke their duty as
[28:27.600 --> 28:33.440]  a judge. It invokes their specific duty as a magistrate. Every state is required to provide
[28:33.440 --> 28:39.040]  a preliminary hearing. The only way you can get a warrant for someone is to present a complaint
[28:39.040 --> 28:47.120]  to a magistrate. So this is what you're doing. There's nothing that gives a policeman special
[28:47.120 --> 28:54.240]  power to present a criminal complaint. He does it in his personal capacity. You can do the same
[28:54.240 --> 29:01.600]  thing. You present it to a magistrate and there's going to be in the code of criminal procedure
[29:01.600 --> 29:09.920]  for Ohio. There will be a procedure for getting a criminal complaint from a magistrate to a grand
[29:09.920 --> 29:17.600]  jury. But if you have any problems giving it to a magistrate, if they refuse to take it
[29:17.600 --> 29:23.600]  and refer you to the police department, then just put it in an envelope, send it to the
[29:23.600 --> 29:29.920]  foreman of the grand jury, address to the district attorney's office. That's the only address we
[29:29.920 --> 29:35.280]  ever have for grand jurors. And we'll explain to you how to rather routine on them from there.
[29:38.000 --> 29:46.880]  Okay, about to go to our sponsors. I know we've thrown a lot at you, Mike, but
[29:49.920 --> 29:55.840]  read up on your statutes. I suggest you get your jurisdiction area and call us next week
[29:55.840 --> 30:02.480]  and listen to some of our archives. We'll be right back. Everyone knows that walking is
[30:02.480 --> 30:07.120]  great exercise, but you might not know that the way you walk could predict how long you're going
[30:07.120 --> 30:13.040]  to live. I'm Dr. Katherine Albrecht and I'll be back to tell you more about walking prognostication
[30:13.040 --> 30:18.560]  in just a moment. Privacy is under attack. When you give up data about yourself, you'll never
[30:18.560 --> 30:23.840]  get it back again. And once your privacy is gone, you'll find your freedoms will start to vanish
[30:23.840 --> 30:30.640]  too. So protect your rights. Say no to surveillance and keep your information to yourself. Privacy,
[30:30.640 --> 30:35.840]  it's worth hanging on to. This public service announcement is brought to you by StartPage.com,
[30:35.840 --> 30:41.840]  the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[30:43.440 --> 30:47.760]  New research shows how fast you walk could predict how long you're going to live.
[30:47.760 --> 30:52.640]  The Journal of the American Medical Association reports that older adults who walk one meter
[30:52.640 --> 30:58.000]  per second or faster live longer than expected. In case you're wondering, one meter per second is
[30:58.000 --> 31:03.280]  about two and a quarter miles per hour. A senior's age, gender, and walking speed were as good at
[31:03.280 --> 31:08.240]  predicting life expectancy as more traditional statistical measures. Generally speaking,
[31:08.240 --> 31:13.600]  faster walkers live longer. Measuring walking speed is quick and inexpensive. It only takes a
[31:13.600 --> 31:18.880]  stopwatch, some space to walk, and a few minutes. Researchers say it could help doctors identify
[31:18.880 --> 31:24.080]  older patients who need special care. I'm Dr. Catherine Albrecht. More news and information
[31:24.080 --> 31:50.080]  at CatherineAlbrecht.com.
[31:54.080 --> 32:00.080]  My son, go to BuildingWhat.org. Why it's felt, why it matters, and what you can do.
[32:24.240 --> 32:30.000]  to all those with a hearing ear. Join Nana and guests for both verse by verse Bible studies
[32:30.000 --> 32:36.000]  and topical Bible studies designed to provoke unto love and good works. Our verse by verse
[32:36.000 --> 32:41.200]  Bible studies will begin in the book of Matthew where we will discuss one chapter per week.
[32:41.200 --> 32:46.880]  Our topical Bible studies will vary each week and will explore sound doctrine as well as Christian
[32:46.880 --> 32:53.920]  character development. So mark your calendar and join us live on VogelsRadioNetwork.com Wednesdays
[32:53.920 --> 33:00.000]  from 8 to 10 p.m. starting January 8th for an inspiring and motivating discussion of the scriptures.
[33:00.000 --> 33:26.000]  Live free speech radio, VogelsRadioNetwork.com.
[33:30.000 --> 33:48.000]  Oh, yeah, I won't, oh, I won't, I won't let you pull the wood over my eyes.
[33:48.000 --> 34:02.000]  We must refuse your noose also from your life. It seems you like to say, but please take some work.
[34:02.000 --> 34:09.920]  Okay, we are back. Randy Kelton, Brett Fountain, Rueville Radio. We're talking to Tina and Mike
[34:09.920 --> 34:19.840]  and Mike, the best thing to do now is get your dictionary, go through it, check some of our archives.
[34:20.880 --> 34:27.920]  You'll hear some similar themes going on pretty regularly. This is a lot of information to take
[34:27.920 --> 34:34.960]  in all at once. So if you listen to some of the archives, you'll hear this over and over. Go ahead.
[34:34.960 --> 34:43.600]  I thought I'm right and I'm taking notes. Okay, and then call us back next week and
[34:44.800 --> 34:57.040]  you'll see where we're at. Okay. Okay, thank you, Mike. Tina, did you have something you wanted to
[34:57.040 --> 35:06.400]  address? No, no, I was just here as moral support for my buddy and just to be an example. Wait a
[35:06.400 --> 35:10.000]  minute, wait a minute. I have a little trouble understanding you. Did you say you were here
[35:10.000 --> 35:16.080]  for immoral support for your friend? Well, it could be classified as immoral support,
[35:16.080 --> 35:28.480]  but you, your mind is going in the gutter too. Okay, well, the main thing I hear from him is
[35:28.480 --> 35:35.040]  Mike needs some more information. He just doesn't have enough. I know. Well, what I've been trying
[35:35.040 --> 35:41.680]  to get him, it's been a lot. You know, his wife died only last year and this has all come with him.
[35:41.680 --> 35:48.160]  All of those so much that you didn't even know about. It's gotten to this point and he's just
[35:48.160 --> 35:54.960]  trying to right now protect his son and be a father. And as I said, you can't put your son in harm's
[35:54.960 --> 36:00.400]  way. You can't force him to get into that car and go there. You know, you have to be the father
[36:00.400 --> 36:06.560]  and you have to step up and be prepared to be in contempt of court. You know, and that's what
[36:06.560 --> 36:13.520]  he's done. You know, he's realized he can do that. Okay, well, maybe we can find a way
[36:14.240 --> 36:20.960]  to alleviate this, but okay, then let's talk about it next week. Thank you very much, Tina.
[36:21.760 --> 36:28.240]  Well, you're welcome. Thank you. Okay, now we're going to go to Ken in New York. Hello, Ken.
[36:28.880 --> 36:36.160]  What do you have for us today? I have a couple little things. I was interested in the
[36:36.160 --> 36:44.000]  beginning of the show when you're talking about property tax and I'm still not 100%
[36:44.000 --> 36:56.400]  clear on how one gets into property tax. And I think it has something to do with the closing
[36:57.120 --> 37:03.840]  and having a real estate agent there, which I never could understand why, but I was told that
[37:03.840 --> 37:13.200]  she had to be there and I had the tip of $75 in cash. And from what I've described to other people,
[37:13.200 --> 37:19.120]  I said that she was the one that went down and signed me up for property taxes. This is actually
[37:19.120 --> 37:30.320]  done by contract. It is the title that puts you on the tax rolls. Titles were originally
[37:30.320 --> 37:46.320]  the evidence of a state lean against the property. It was the state sold property to individuals on
[37:46.320 --> 37:53.200]  time and took a claim against the property until the property was paid off. The claim was made
[37:53.200 --> 38:01.680]  in the form of a title. But this also worked very well for keeping track of who owned what.
[38:03.200 --> 38:13.120]  This is first started out by the pilgrims at Plymouth in 1645. That's how important they thought
[38:13.120 --> 38:21.280]  registering property was. Well, you can go down and ask that your title be removed from the record.
[38:21.280 --> 38:28.480]  Years ago, I had a guy named Dwight Klass. If you've ever heard of Rod Klass, Dwight was his
[38:28.480 --> 38:34.800]  brother. He's since passed away, as I understand. But what he did in this primary, he did this in
[38:34.800 --> 38:44.080]  New York, is he sent a letter to the tax assessor collector and asked the collector if the state
[38:44.080 --> 38:52.640]  had a claim against his property. If you don't have any liens or anything, the tax collector will
[38:52.640 --> 38:58.880]  send you back a letter saying that they checked the records and the state has no claims against
[38:58.880 --> 39:08.000]  the property. Then you follow up with a letter asking the tax assessor to remove your property
[39:08.000 --> 39:15.840]  from the public rolls to the private rolls. Because only those on the public rolls are taxable.
[39:16.560 --> 39:22.880]  Can I say this for a second? Does that matter whether I have a mortgage or not?
[39:23.520 --> 39:28.720]  And my mortgage is in good standing. I've never missed the payment in 19 years.
[39:28.720 --> 39:39.600]  Which that makes a problem for mortgages. You can't get a mortgage against a
[39:41.280 --> 39:50.480]  loital title. So the mortgage would be filed in the record as a claim, and I'm not exactly sure
[39:50.480 --> 40:00.160]  how that works. You're most likely will have a restriction from getting a loital title
[40:01.200 --> 40:07.280]  so long as you have a mortgage. It's a little too complex for me. I need someone
[40:08.160 --> 40:16.080]  who is more familiar with the laws concerning a loital title. And I'm trying to think of who I
[40:16.080 --> 40:22.960]  know. I've got one guy out in West Texas, but his knowledge is mostly for Texas. I had Dwight
[40:23.680 --> 40:31.200]  class, but he passed away, so I don't have that resource. What about Sid? Didn't you have a guy
[40:31.200 --> 40:39.680]  in New York? His name was a squibble or something? That's Joe Esquivel. No, he's out of, actually,
[40:39.680 --> 40:50.320]  he lives in Texas. He lives in Texas. Send me an email asking about tax roll removal
[40:51.200 --> 41:00.160]  for New York, and I will send it to Joe, and I'll send it to my guy in West Texas.
[41:01.680 --> 41:06.400]  And I'm trying to think, I'll look through my records and see who else I can find on a loital
[41:06.400 --> 41:17.200]  title. Because, yeah, I probably figure that you can't get a loital title as long as you
[41:17.200 --> 41:24.960]  have a mortgage on it. And I'm wondering, I've looked through my contract as much as I can
[41:24.960 --> 41:34.000]  see from it. There's nothing about property taxes mentioned in all of my research into titles.
[41:34.000 --> 41:40.480]  I've saw nothing addressing a loital title in titles and mortgages. I've
[41:40.480 --> 41:47.760]  saw nothing addressing a loital title. So I don't see anything in the standard mortgage.
[41:47.760 --> 41:56.560]  I think New York is a mortgage state, not a deed of trust state. I don't remember seeing
[41:56.560 --> 42:04.880]  anything in there that would prevent you from having, from taking your property off to tax rolls.
[42:06.480 --> 42:12.960]  Because I would, what I would do then is I would, I think I could negotiate individual
[42:14.560 --> 42:20.560]  sections that I would need. For example, I would want to have a contract with the fire
[42:20.560 --> 42:28.560]  department so that my house doesn't burn down if I call them. Exactly. Anyone who's
[42:28.560 --> 42:36.240]  considering a loital title needs to understand that. Your property taxes pay for services
[42:36.240 --> 42:44.400]  that the county renders. Fire and police being one of them. But that's not always all. There are
[42:44.400 --> 42:49.040]  sometimes other things that the county provides and you'd have to contract privately for that.
[42:49.040 --> 42:58.080]  Sure. And there's probably some things you don't want like bonds that you didn't vote on.
[42:59.280 --> 43:06.800]  And that makes up, and plus the substantial amount that the school tax makes up.
[43:07.920 --> 43:15.360]  Now, it is true that I get the senior, we have a star program. It's the tax reduction program
[43:15.360 --> 43:23.760]  in New York. It's probably in other places. And I get both of them. But even with that,
[43:23.760 --> 43:33.040]  it's still property taxes are half of what my mortgage is. Wow. Oh yeah. Yeah.
[43:33.840 --> 43:41.040]  You know, I live in North Texas. It's in a small town. I have a 2000 square foot house. It's about
[43:41.040 --> 43:52.800]  100 years old. And I had to pay $600 last year in property taxes. Yeah, I did. You'll die when
[43:52.800 --> 43:58.000]  you have a mind. And I do grievances. I've gotten four grievances in 20 years.
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[46:23.040 --> 46:33.440]  Yeah, always, I must be careful what I'm wishing for. When I'm hungry, I like to know just what
[46:33.440 --> 46:43.200]  I'm fishing for. I ain't asking for much. I ain't trying to be no blood. I'm just here making my
[46:43.200 --> 46:52.720]  living pushing buttons. Okay, we are back. Randy Kelton, Brett Fountain, rule of our radio,
[46:52.720 --> 46:59.600]  and we're talking to Ken in New York, and yeah, I had to pay $600 a year. That was horrible.
[47:00.160 --> 47:08.720]  Oh, God, I'd be on my knees if I, you know, here's what my, I have about,
[47:08.720 --> 47:18.640]  it's like a hair over a thousand square feet with a full basement. And with all my grievances and all
[47:18.640 --> 47:31.680]  my effort, I'm paying about $5,200 a year in taxes. Wow. Yeah, and you don't, people around me are
[47:31.680 --> 47:39.120]  paying $8,000 to $10,000, and we're in one of the lowest-tax areas in the area. Well, not anymore
[47:39.120 --> 47:47.040]  since everybody wanted to get out of New York City, but, I mean, we have houses being thrown up around
[47:47.040 --> 47:54.640]  here where they're trying to get, well, they are getting $400,000. Why would anybody pay $400,000
[47:54.640 --> 48:02.880]  for a house in my neighborhood? I mean, I don't want to sound like I'm deprecating humor here.
[48:06.960 --> 48:11.600]  Ken, have you had his mind? New York has been in trouble for a long time.
[48:13.360 --> 48:21.680]  But Pastor Massad, he has a place up in the Catskills. Have you ever heard of the
[48:21.680 --> 48:31.840]  Herkimer Diamond mines? No, I haven't. I know of the Ellenville and some of those areas.
[48:33.520 --> 48:42.880]  Okay, well, this one's upstate New York out of Crystal Falls. And someone gave him a three-story
[48:42.880 --> 48:50.960]  building on the Canadian River that needed $30,000 worth of work to bring it up to
[48:50.960 --> 48:59.520]  fair market value. And the building wouldn't sell for that. All over New York. There are
[48:59.520 --> 49:04.800]  buildings all over. Nobody lives in. They can't sell because everybody's moving out of New York.
[49:08.000 --> 49:11.040]  I'd look for New York to have some serious trouble here pretty soon.
[49:11.760 --> 49:15.680]  Oh, you know, something I don't know if you noticed, have you ever heard of this? Have you
[49:15.680 --> 49:23.520]  heard of there are cases where, for example, there aren't enough new jobs being created?
[49:24.320 --> 49:31.760]  And this is coming from a local radio station. And the guy says, well, how is it that the
[49:34.880 --> 49:43.200]  unemployment numbers drop, but there aren't enough jobs being created to explain that?
[49:43.200 --> 49:48.960]  Why not the answer to that? Because New York State will pay you when your unemployment leaves
[49:48.960 --> 49:54.560]  the state. They'll pay you moving expenses, and they'll send you your unemployment check
[49:54.560 --> 50:00.880]  somewhere else. And what it does is it reduces the unemployment numbers.
[50:03.440 --> 50:10.480]  It's a scam of what? It reduces what numbers? The unemployment numbers. The reason they reduce
[50:10.480 --> 50:16.000]  the unemployment numbers, even though the job creation numbers don't match, because
[50:17.280 --> 50:20.560]  you're shipping everybody out of all the unemployed out of state.
[50:21.280 --> 50:25.440]  Yeah. I was on unemployment for a while, 20 years ago. And I said, well,
[50:25.440 --> 50:29.440]  if you want to move out of the state, we'll pay you. And I said, what are you out of your mind
[50:29.440 --> 50:35.200]  or something? I said, I didn't understand. That was the reason behind it. That's how they reduce
[50:35.200 --> 50:44.320]  the unemployment numbers. Well, I guess it looks good. I just heard today about
[50:46.320 --> 50:52.080]  unemployment issues, and they're saying nationwide unemployment is like 5.4%.
[50:53.440 --> 51:00.800]  Right. That doesn't make sense. Right. Well, that's because each state is paying somebody to move to
[51:00.800 --> 51:12.560]  another state. It could be, but 5.4%. I mean, I don't think 5% of the public are not going to work.
[51:13.360 --> 51:18.080]  We've never had it below 5%. And here with all of this COVID issue and all these
[51:19.040 --> 51:24.240]  companies shut down, how can we be 5.4? That cannot be right.
[51:24.240 --> 51:31.680]  Right. We have a situation in the retirement job that I work on transport disabled people where
[51:32.880 --> 51:36.400]  we're down like 11 drivers. You can't get drivers to work.
[51:37.520 --> 51:42.800]  Yeah. And they make them more money now than they made before. When I first thought about the company
[51:42.800 --> 51:49.840]  back in five years ago, I was supposed to be making $8.75 an hour, but there's a retirement
[51:49.840 --> 51:55.280]  pass. And when I thought, okay, I got my Social Security check, and as soon as I got into the
[51:55.280 --> 52:02.720]  job and I put my, I stretched my foot over the threshold, it was $9 an hour, and I kept going
[52:02.720 --> 52:08.960]  up, and now it's up to $15. And I'm making almost as much money I made as an engineering.
[52:08.960 --> 52:20.720]  $15. This is crazy. And they can't get people that, the only people that seem to want to get
[52:20.720 --> 52:28.720]  up in the morning and go to work are the retirees. Well, that's about to change because all of the
[52:28.720 --> 52:37.440]  aid is, the COVID aid is about to cut off. Yeah. It did in New Jersey, but it hasn't in New York yet,
[52:37.440 --> 52:46.720]  as far as I know. Well, I don't understand, you know, I don't do politics on this show,
[52:46.720 --> 52:52.960]  and I don't understand how this is sustainable. I just... Well, that's probably the reason you
[52:52.960 --> 53:00.400]  don't do politics on this show because it doesn't make any sense. The other thing I wanted to address
[53:00.400 --> 53:07.840]  was earlier, you said that the prosecutor was trying to punish somebody because of,
[53:11.440 --> 53:16.000]  they were trying to make a point that... Because they believed... Because of her belief.
[53:16.000 --> 53:21.920]  Because of her ordinance. Right. Well, could you construe that? Now, I've heard you're talking
[53:21.920 --> 53:29.840]  about a definition for a fault. Could that be construed as the verbal part of it? Would it
[53:29.840 --> 53:35.520]  prosecute a threat in the person? Could that be construed as the fault? And if they actually
[53:35.520 --> 53:42.320]  did something, could that be construed as battery? I'm thinking that goes more to retaliation.
[53:42.320 --> 53:52.480]  In Texas law, that would be 3606 penal code. The prosecutor's retaliating against this person
[53:53.280 --> 53:58.080]  for exercising a right. Oh, okay. Okay. They were trying to make...
[53:59.920 --> 54:06.960]  You see, not prosecuting the person for violating a law, but for exercising a right.
[54:06.960 --> 54:15.440]  That's what it sounded like to me. Brett, what do you think? I don't know. I guess it could be
[54:15.440 --> 54:24.160]  retaliation. She hadn't actually done anything to the prosecutor, had she? Yes, but she stood up
[54:25.600 --> 54:34.240]  and objected and fought back. And it appears from that statement that he has indicated that
[54:34.240 --> 54:39.440]  I'm not coming after you for violating an ordinance. I'm coming after you for standing up.
[54:41.040 --> 54:46.080]  I don't know. I guess what would occur to me as more come to me first would be
[54:47.520 --> 54:54.800]  baritry, because starting knowingly, starting something frivolous. This is not like,
[54:54.800 --> 54:59.040]  had we started this case and then we found out that it actually didn't have any merit.
[54:59.040 --> 55:05.760]  But he's right from the beginning, the prosecutor's already inserting himself in calling this
[55:06.400 --> 55:14.000]  prosecution of a case that he knows shouldn't exist. And then that right connected with that
[55:14.000 --> 55:21.840]  would be the misappropriation of public funds. He's acting as a prosecutor, taking the pay of
[55:21.840 --> 55:29.680]  a prosecutor. But instead of doing his job, he's wasting the public's money just to go
[55:30.480 --> 55:36.080]  with his little personal agenda. And he's got this vendetta against some girl that has a belief
[55:36.080 --> 55:44.880]  that he doesn't like. And that's a waste of the public's money that's entrusted to that office.
[55:44.880 --> 55:55.280]  So those are the two that stand out to me as strongest. Randy, baritry. He's trying to stir
[56:00.000 --> 56:02.000]  You're fomenting litigation.
[56:04.960 --> 56:11.360]  Oh, and the last thing I have to say is, you know, you're talking about Russian roulette.
[56:11.360 --> 56:17.360]  This is a public service. And, you know, you would think people have common sense, but
[56:18.000 --> 56:22.560]  if you're going to do Russian roulette, don't do what a gun is going to clip on it if you lose it.
[56:29.840 --> 56:34.480]  You got a point there. Oh, God.
[56:34.480 --> 56:41.120]  Did you drop off?
[56:43.120 --> 56:46.240]  I couldn't make out what he just said. I thought he said good night.
[56:47.360 --> 56:47.760]  Huh?
[56:49.200 --> 56:58.320]  Yeah, I guess he did. Okay. Thank you, Ken. Now we're going to go to Danny in Tennessee. Hello, Danny.
[56:58.320 --> 57:04.880]  Hey, how are you tonight? I am good. What do you have for us today?
[57:06.880 --> 57:12.000]  Well, you kind of covered part of it. In your first part, we've come out the
[57:14.720 --> 57:21.200]  state of claim and I've got my federal suit that I put in. I don't know if you had a chance to look
[57:21.200 --> 57:26.960]  over the amended complaint that I had put in where I added a bunch of other defendants and
[57:26.960 --> 57:34.800]  everything. No, I didn't. I saw it, but I didn't have time to go through it. I've been in Austin
[57:34.800 --> 57:43.520]  most of this week, or most of last week and this week, working on funding for my major project.
[57:43.520 --> 57:51.120]  And I did a seminar down there. So I've been pretty tight up. I'm just back home beginning to get
[57:51.120 --> 57:58.160]  caught up. So I will try to get to that. When we come back on the other side, can you give us
[57:58.160 --> 58:04.240]  kind of a synopsis of the claims you have? I want to hear more about this suit.
[58:07.360 --> 58:17.120]  I have my own suit in and right now I'm in the process of upgrading the technology on my legal
[58:17.120 --> 58:25.680]  earth project because I have some investors interested in it. And there's a small piece of
[58:25.680 --> 58:33.360]  software I need added so that I can start building questionnaires for specific issues.
[58:33.360 --> 58:38.160]  And we can take a lawsuit. I can build a questionnaire for it. You answer the question if
[58:38.160 --> 58:44.160]  spit out the lawsuit. So I want to see the claims we're getting so we can start flooding these guys
[58:44.160 --> 58:48.240]  with lawsuits. Hang on. Randy Kelton, Brett Fouton, we'll be right back.
[58:50.080 --> 58:54.000]  Would you like to make more definite progress in your walk with God?
[58:54.000 --> 59:00.080]  Bibles for America is offering a free study Bible and a set of free Christian books that can really
[59:00.080 --> 59:05.280]  help. The New Testament recovery version is one of the most comprehensive study Bibles available
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[59:10.720 --> 59:16.880]  God and to know the meaning of life. The free books are a three-volume set called basic elements of
[59:16.880 --> 59:22.240]  the Christian life. Chapter by chapter, basic elements of the Christian life clearly presents
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[59:28.720 --> 59:35.280]  New Testament recovery version and basic elements of the Christian life, call Bibles for America
[59:35.280 --> 59:48.960]  toll-free at 888-551-0102. That's 888-551-0102. Or visit us online at bfa.org.
[59:52.000 --> 59:58.160]  You're listening to the Logos Radio Network at www.logosradionetwork.com.
[59:58.160 --> 01:00:04.320]  The following news flash is brought to you by The Lone Star Lowdown.
[01:00:06.240 --> 01:00:13.440]  Markets for Monday the 22nd of July 2019 open with precious metals, gold, $1,429 an ounce, silver,
[01:00:13.440 --> 01:00:20.720]  $16.45 an ounce, copper, $2.75 an ounce, oil, Texas crude, $55.63 a barrel,
[01:00:20.720 --> 01:00:29.040]  Brent crude $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52,
[01:00:29.040 --> 01:00:41.360]  Ethereum $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[01:00:41.360 --> 01:00:51.600]  Today in history, the year 1916, the Preparedness Day bombing, a time suitcase bomb,
[01:00:51.600 --> 01:00:57.360]  was detonated on Market Street in San Francisco during the World War I Preparedness Day Parade,
[01:00:57.360 --> 01:01:00.240]  killing 10 and injuring 40. Today in history.
[01:01:04.400 --> 01:01:08.960]  And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing
[01:01:08.960 --> 01:01:13.600]  Hepit of Texas law back in June, county prosecutors around the state, including Houston,
[01:01:13.600 --> 01:01:17.680]  Austin, and San Antonio, have been dropping marijuana possession charges and even refusing
[01:01:17.680 --> 01:01:22.240]  to file new ones since they are stipulating that they do not have the time or the laboratory
[01:01:22.240 --> 01:01:27.040]  equipment to test the herb for THC. Margaret Moore, the Travis County District Attorney,
[01:01:27.040 --> 01:01:31.040]  announced earlier this month that she was dismissing 32 felony possession and delivery
[01:01:31.040 --> 01:01:35.360]  of marijuana cases because of the law. Mr. Abbott and other state officials,
[01:01:35.360 --> 01:01:39.360]  including the Attorney General, stipulated in a letter to county district attorneys back on
[01:01:39.360 --> 01:01:44.320]  Thursday that marijuana has not been decriminalized in Texas, and that these actions demonstrate
[01:01:44.320 --> 01:01:50.960]  a misunderstanding of how HB 1325 works, as well as other cities, too, like the district attorney
[01:01:50.960 --> 01:01:56.960]  in El Paso, Kyma Esparza, a Democrat who also stated earlier this month that the law,
[01:01:56.960 --> 01:02:01.680]  quote, will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:01.680 --> 01:02:06.640]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[01:02:06.640 --> 01:02:10.720]  in Harris County, who stated that, quote, the law is constantly changing on what makes
[01:02:10.720 --> 01:02:15.200]  something illegal based on its chemical makeup. It's important that if someone is charged with
[01:02:15.200 --> 01:02:24.560]  something, the test matches what they're charged with. A paper by Tulane University identified
[01:02:24.560 --> 01:02:29.920]  a five and a half inch American pocket shark. As the first of its kind in the Gulf of Mexico,
[01:02:29.920 --> 01:02:35.440]  the specimen being only the second pocket shark ever captured or recorded with the other one
[01:02:35.440 --> 01:02:40.480]  being found way back in 1979 in the East Pacific Ocean. According to the university paper,
[01:02:40.480 --> 01:02:46.560]  the shark secretes a luminous fluid from a gland near its front fins for the purposes
[01:02:46.560 --> 01:03:00.640]  hypothesized to lure and prey who may be drawn into the glow. This was Wook Roadie with a lowdown for July 22, 2019.
[01:03:16.880 --> 01:03:45.760]  Okay, howdy, howdy, Randy Kelton, Brett Fountain,
[01:03:45.760 --> 01:03:55.280]  Rula Radio on this Friday, the third day of June, 2000, June, the third day of September.
[01:03:56.000 --> 01:04:05.280]  There you go. I was on automatic. The third day of September, 2021. And we're talking to Danny
[01:04:05.280 --> 01:04:15.040]  in Tennessee. Can you give us a synopsis of your case? Okay, well, I've had some things going back
[01:04:15.040 --> 01:04:24.560]  for a while and the Department of Public Safety had created a record saying I had a suspended
[01:04:24.560 --> 01:04:30.400]  license with some new license number that had never been before because I did not have a license
[01:04:31.280 --> 01:04:38.240]  at the time, hadn't had one for quite a while. And they said that they had suspended it for
[01:04:38.240 --> 01:04:45.120]  whatever the reason was and put a new number on there. You know, it was a real strange looking
[01:04:45.120 --> 01:04:52.160]  because it has no physical features, has no classification of license that has address in
[01:04:52.160 --> 01:05:03.440]  Texas or Tennessee license. So they just made it up. Pardon? Yeah. They just invented a license
[01:05:03.440 --> 01:05:08.080]  that they called suspended and you didn't even ever have one. Wow. Right. Not that one.
[01:05:10.160 --> 01:05:16.880]  So that's been a problem off and on when it comes up. But it was years I was living in Texas to
[01:05:16.880 --> 01:05:25.200]  start with. When that happened, I'd come up for a visit. And then I never got any notice
[01:05:25.200 --> 01:05:30.800]  that I remember of anything like that was going on. And just when something happened again,
[01:05:30.800 --> 01:05:40.720]  here years later, all that came up. And that's the first I'd heard of it. But anyway, that's part
[01:05:40.720 --> 01:05:54.160]  of it. And so back to June 25th, I was in a left turn lane, heading back home. And this police car
[01:05:54.160 --> 01:06:01.600]  goes on. I didn't know it was a policeman in there who had raced me the last time, a couple of years
[01:06:01.600 --> 01:06:11.360]  before. And one who first came up with this about come up with a record of a suspended license.
[01:06:12.480 --> 01:06:18.000]  And then you turn back around and saw me just for having seen my face through the glass and
[01:06:18.000 --> 01:06:25.680]  having the memory of this thing from the past. And that was supposed to be his uncle called for
[01:06:25.680 --> 01:06:34.480]  for the stop. But anyway, he ended up bundling me up, took me off to jail without going to
[01:06:34.480 --> 01:06:42.640]  a magistrate first. And so really didn't get for magistrate until that was Friday until Monday
[01:06:42.640 --> 01:06:49.520]  morning. That's about 10 o'clock Friday. So about seven o'clock Monday morning,
[01:06:51.520 --> 01:07:00.960]  had a hearing by video conference with the judge there, except it was just a couple of minutes
[01:07:00.960 --> 01:07:11.840]  hard to anything. He just read through what he had to. And so went with that and had like
[01:07:11.840 --> 01:07:19.280]  23 hours run through within an hour or so. Anyway, had a number of complaints about the
[01:07:19.280 --> 01:07:24.560]  way that was done. But the thing is, you know, putting held in jail without the magistrates
[01:07:24.560 --> 01:07:39.920]  hearing prior to that. So let's see. So anyway, the suit I put in there that the against the
[01:07:39.920 --> 01:07:46.640]  police department, in part for doing that, not going to a magistrate when that time of day
[01:07:46.640 --> 01:07:53.440]  there are plenty of magistrates available. And then against the sheriff for going along with it,
[01:07:53.440 --> 01:07:57.280]  because it didn't have an order of commitment, you know, judicial order of commitment.
[01:07:59.840 --> 01:08:09.680]  Let me be put in jail, but they did that anyway. And then DPS for that record they had called us
[01:08:09.680 --> 01:08:16.080]  creating extra problem here from that. That's what my original one was. I did an amended after
[01:08:16.080 --> 01:08:25.760]  I thought about things more. And because reading the city ordinance is the municipal code,
[01:08:26.720 --> 01:08:35.360]  it looks to me that the police are assigned the task of enforcing the municipal code traffic
[01:08:35.360 --> 01:08:42.800]  regulations and not the state laws in general. There are some things that they discovered,
[01:08:42.800 --> 01:08:48.080]  you know, specifically a state law that they state law violation that they can't do in the
[01:08:48.080 --> 01:08:54.960]  city court, but otherwise it should go into the city court. And but they're not doing that,
[01:08:54.960 --> 01:09:01.200]  they're marking it as a state law of violation. And so even though we go into the
[01:09:01.200 --> 01:09:09.120]  just trying to go to the city court room, it's, you know, magistrate for state law violation.
[01:09:09.680 --> 01:09:16.800]  So, you know, it looks almost the same as what it is in the the municipal code, but
[01:09:16.800 --> 01:09:25.200]  it's really a state law violation. And they got a prosecutor from the DA's office there.
[01:09:25.200 --> 01:09:31.520]  So, you know, they wouldn't be in just the municipal court. So,
[01:09:34.480 --> 01:09:39.440]  for him making that jump like that, which I picture as being an improper thing,
[01:09:39.440 --> 01:09:45.840]  he should have stayed in judge's role, had that mark on the, they have two check marks,
[01:09:45.840 --> 01:09:53.200]  check boxes to mark on the citation. One is for state law, one is for city ordinance.
[01:09:53.200 --> 01:09:59.200]  They mark state law and get it going that way. And, you know, part of my claim is that, well,
[01:09:59.200 --> 01:10:05.280]  he should have had that corrected because the municipal code says that they are to do the,
[01:10:06.640 --> 01:10:13.600]  the, you know, municipal code traffic regulations and they got a good long chapter about 50 pages
[01:10:13.600 --> 01:10:24.880]  or so for their, their traffic regulations. So, I added to him the, the city judge for
[01:10:25.600 --> 01:10:31.600]  taking on the guise of a magistrate when he really should stay as a city judge
[01:10:31.600 --> 01:10:45.040]  and move this on to, towards a state court. So, it sounds like you're saying that the
[01:10:46.160 --> 01:10:56.480]  magistrate in this case was a municipal court magistrate and was restricted to municipal
[01:10:56.480 --> 01:11:06.080]  court issues. No, no, that's not quite what I'm saying. That the police are charged with bringing
[01:11:06.080 --> 01:11:14.880]  someone charged with a traffic violation to the city court to go before the city court judge.
[01:11:15.520 --> 01:11:22.480]  Well, it's really not going to trial in the city court. They're sending it to go to trial over in
[01:11:22.480 --> 01:11:28.800]  the state level court. And that's, that's my thing that their purpose is to enforce the
[01:11:29.520 --> 01:11:36.720]  city traffic laws and not the state. Even though they may be stated as exactly the same, the
[01:11:38.240 --> 01:11:46.160]  charter and some legislative acts has authorized them to adopt state codes as city ordinances.
[01:11:46.160 --> 01:11:50.800]  But if they do, do the adoption and they're doing it as a city ordinance or not just,
[01:11:50.800 --> 01:11:58.800]  you know, to enforce the state law, I would say. That was what I was going to say.
[01:11:59.360 --> 01:12:09.280]  We have this in Texas where a DPS officer is a police officer as opposed to a
[01:12:09.280 --> 01:12:19.920]  peace officer. A peace officer is authorized to enforce the penal laws. A police officer is
[01:12:19.920 --> 01:12:27.840]  authorized to enforce the traffic code. Now the DPS officer will say, well, I am licensed as a
[01:12:27.840 --> 01:12:37.440]  peace officer. We'll say yes, you are, but you're not employed as a peace officer. So you're saying
[01:12:37.440 --> 01:12:48.720]  that while the municipal police officer may be, may have a state license as a peace officer in
[01:12:48.720 --> 01:12:57.680]  this case, he's not employed as a state peace officer. He's, his employment is restricted to
[01:12:58.560 --> 01:13:03.760]  municipal code. Am I correct in that? That's basically why I'd be saying any other
[01:13:03.760 --> 01:13:12.000]  cause the municipal code says that's their purpose. And there are some state traffic
[01:13:12.000 --> 01:13:17.280]  laws that specifically say that this is a state law of violation and they can't do it in a
[01:13:17.280 --> 01:13:23.600]  municipal court. So, you know, they'd have to do that a different way. But that seems to me like
[01:13:23.600 --> 01:13:28.720]  maybe bring to the judge, oh, it's the wrong court and transfer it.
[01:13:28.720 --> 01:13:37.360]  It sounds to me like while they are peace officers, they are authorized to enforce
[01:13:37.360 --> 01:13:44.960]  not only municipal code, but state law, but only within the jurisdiction. And when they
[01:13:44.960 --> 01:13:51.440]  enforce a state law, that state law is tried in a state court, not in a municipal court.
[01:13:51.440 --> 01:13:59.520]  Right. So there while there is a state penal state traffic code, there's also a municipal
[01:13:59.520 --> 01:14:08.640]  traffic code. And if they have made these two distinctions, it would be unreasonable to think
[01:14:08.640 --> 01:14:17.200]  that we would take the state law and reenact it as a municipal law, and then let the municipal
[01:14:17.200 --> 01:14:23.440]  police enforce either one of them. That wouldn't make sense to make the distinction.
[01:14:24.080 --> 01:14:26.640]  Yeah, that's the kind of point that I'm making.
[01:14:30.160 --> 01:14:35.760]  If your point is accurate, that goes subject matter jurisdiction.
[01:14:35.760 --> 01:14:50.560]  Yeah. That the municipal officer lacked standing to invoke the jurisdiction of the state court
[01:14:52.080 --> 01:15:00.640]  in a matter that was covered by municipal ordinances. Is there anything that gives the
[01:15:00.640 --> 01:15:09.600]  officer the option of deciding whether he wants to enforce the municipal ordinance or the state code?
[01:15:14.400 --> 01:15:22.160]  I would think it would have to be specific since they created the municipal ordinance from the
[01:15:22.160 --> 01:15:31.520]  state code. The only reasonable person purpose I could imagine was that the municipal officer only
[01:15:31.520 --> 01:15:43.120]  had power to enforce municipal code. But that's inconsistent with the higher codes. So he would
[01:15:43.120 --> 01:15:53.360]  only have standing to enforce municipal laws that were in existence. I'm trying to find the
[01:15:53.360 --> 01:15:59.680]  right way to say that. We've got municipal and state laws together. So if there's a municipal
[01:15:59.680 --> 01:16:07.040]  code that's essentially equivalent to a state code, then the municipal officer can only enforce
[01:16:07.040 --> 01:16:16.800]  the municipal code. But if there is, say, a murder, that's state law, but there is no
[01:16:16.800 --> 01:16:25.600]  corresponding municipal code. So in that case, he would have authority to enforce the state
[01:16:25.600 --> 01:16:30.080]  penal code. Am I correct? Am I getting that right? Is that making sense?
[01:16:30.080 --> 01:16:35.520]  Yeah, that's the basic idea. The only thing I'm pointing out is in the municipal code, it says
[01:16:35.520 --> 01:16:45.840]  that for the traffic that the police are there to do the city traffic code is what it amounts to.
[01:16:47.040 --> 01:16:50.560]  And they're jumping out of that to bring it over to the state court.
[01:16:51.680 --> 01:16:54.880]  That sounds like it could be a really big suit. Hang on,
[01:16:54.880 --> 01:16:58.640]  about to go to our sponsors, Randy Kelton, Brett Fountain. We'll be right back.
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[01:19:58.720 --> 01:20:13.280]  Okay, we are back. Randy Kelton, Brett Fountain, Wuva Radio. We're talking to Danny in Tennessee.
[01:20:13.280 --> 01:20:22.240]  Danny, do you remember Joseph in Houston, the jail guard with the problem with the EMF?
[01:20:22.240 --> 01:20:32.240]  Oh, you're not unmuted. Okay, go ahead. Yes, I remember him. He was just talking about you
[01:20:32.240 --> 01:20:44.960]  yesterday, and we laughed and we laughed. Danny used to be in Texas. Okay, on the break, Brett
[01:20:44.960 --> 01:20:54.640]  was talking about the guy he knows who is being persecuted by the police, and I brought to his
[01:20:54.640 --> 01:21:05.760]  attention that the 1617 issue that we've been talking about, where you're required to be taken
[01:21:05.760 --> 01:21:11.280]  before a magistrate, and the magistrate has to issue an order stating whether he found
[01:21:11.280 --> 01:21:21.760]  probable cause or not. Danny, have you looked in Tennessee law to determine how the finding
[01:21:21.760 --> 01:21:30.080]  of probable cause from the magistrate gets from the magistrate to the trial court?
[01:21:30.080 --> 01:21:41.360]  No, I haven't seen that. I've looked forward. I've both looked through the codes saying how
[01:21:42.160 --> 01:21:49.600]  what the process is, and when you have the examining trial, he's supposed to keep these
[01:21:49.600 --> 01:21:56.240]  records of what transpired and this thing and that thing, but then don't find anything to do
[01:21:56.240 --> 01:22:05.280]  anything with them. Nothing about transferring it to the court for the grand jury. There is a
[01:22:05.280 --> 01:22:13.520]  thing where they make a statement to the grand jury about the persons being charged and what
[01:22:13.520 --> 01:22:22.080]  they're charged with, but... Do all... Do misdemeanors go before grand jury in Tennessee?
[01:22:22.080 --> 01:22:31.520]  Well, they can be settled by the magistrate for small, what they call small offenses.
[01:22:32.720 --> 01:22:38.320]  And so, you might want to just go ahead and settle it and do it there, and he could do it.
[01:22:39.520 --> 01:22:46.160]  I keep wondering if they'll call the city ordinances calls for the police to bring
[01:22:46.160 --> 01:22:54.640]  this to the municipal court and the city judge, and it sort of looks like that's what they've
[01:22:54.640 --> 01:23:03.360]  done except he's acting as a magistrate for the state charge, but then they can settle it.
[01:23:03.360 --> 01:23:08.880]  And I may wonder if they've run in like an option play where if they get, you're going to make it
[01:23:08.880 --> 01:23:13.920]  easy, they'll turn it around and I don't know if they could turn around and make it a city court
[01:23:13.920 --> 01:23:20.000]  charge or what, but you know, take payment, take payment there.
[01:23:20.000 --> 01:23:25.600]  No, wait, wait, wait. What I'm looking for is how jurisdiction moves around.
[01:23:27.200 --> 01:23:36.320]  How does jurisdiction move from the magistrate to the court? Now, I got how it moves from the
[01:23:36.320 --> 01:23:47.520]  officer. The magistrate has jurisdiction to hear a criminal complaint. A criminal complaint
[01:23:47.520 --> 01:23:56.240]  by a credible person invokes the subject matter jurisdiction of a magistrate for the purpose
[01:23:56.240 --> 01:24:04.240]  of making a determination of probable cause. In Texas, it says that after the hearing where
[01:24:04.240 --> 01:24:16.880]  probable cause is determined, the magistrate shall issue an order and forward the order to the clerk
[01:24:16.880 --> 01:24:22.160]  of the court. If an order is not filed with the clerk within 48 hours, that works as a finding
[01:24:22.160 --> 01:24:29.280]  of no probable cause and the accused has a right to discharge. That says the magistrate has jurisdiction
[01:24:29.280 --> 01:24:36.880]  based on the criminal complaint. If he finds probable cause, jurisdiction still exists. If he
[01:24:36.880 --> 01:24:46.320]  doesn't find probable cause, jurisdiction evaporates. The case goes away. If he finds probable cause,
[01:24:46.320 --> 01:24:53.360]  jurisdiction remains, but how does it move from the magistrate to the court?
[01:24:53.360 --> 01:25:02.480]  In Texas, the magistrates ordered to forward the complaint to the court,
[01:25:03.120 --> 01:25:13.600]  then that moves jurisdiction. Oh, well, yeah. The complaint was there in the trial court record.
[01:25:14.720 --> 01:25:19.680]  No, no, no. There has to be a determination of probable cause.
[01:25:19.680 --> 01:25:28.000]  No, I did not find that because that's another place we're doing like an option play
[01:25:28.000 --> 01:25:33.280]  because there's a second way to go with the grand jury. They got some stranger to the case
[01:25:33.280 --> 01:25:41.600]  going there as a witness to the grand jury and seemingly they do the finding off of that.
[01:25:41.600 --> 01:25:50.000]  So the stranger would be something like a clerk or someone with whom a complaint is
[01:25:50.000 --> 01:25:58.720]  filed by the best witness officer. He files a complaint with a third party and that third party
[01:25:59.440 --> 01:26:06.480]  reads the complaint, believes what the officer says and based on that information and belief,
[01:26:06.480 --> 01:26:12.400]  he files a complaint with the grand jury. Is that how that works?
[01:26:13.120 --> 01:26:23.680]  No, that's the way the original complaint is done. Not the main officer but somebody else saying that
[01:26:23.680 --> 01:26:41.200]  you know, based on his say so, they believe this. Does Tennessee have a separate methodology for
[01:26:41.200 --> 01:26:46.960]  processing complaints by peace officers as opposed to complaints by private citizens?
[01:26:46.960 --> 01:26:58.080]  Well, I'm a little uncertain because they, the police take you to, you know, to a magistrate
[01:26:58.080 --> 01:27:06.080]  or judge but, you know, private, there is a process for private citizens to go directly to a grand jury.
[01:27:10.400 --> 01:27:16.480]  But that's generally for a complaint against the public official. Does this, is there a process?
[01:27:16.480 --> 01:27:22.880]  No, it could be, it could be anybody. It just seems like it is the public official. That seems
[01:27:22.880 --> 01:27:30.320]  to be the only way you can get it there. But I don't think there's anything that requires it to
[01:27:30.320 --> 01:27:36.480]  be a public official that you're making accusation against. It could be anybody. So several years
[01:27:36.480 --> 01:27:46.880]  ago, I did it against these attorneys in a foreclosure action. And they let me go. Okay. So,
[01:27:46.880 --> 01:27:55.200]  so in that case, then the officer himself could bring the complaint to the grand jury.
[01:27:57.200 --> 01:27:59.840]  But does everything get a grand jury hearing?
[01:27:59.840 --> 01:28:09.680]  Well, unless it, if it's not, if it goes to trial to state or justice court, yes.
[01:28:13.280 --> 01:28:21.040]  That's interesting. Well, maybe that's a justice court, but, but yeah, it goes up to state court,
[01:28:21.040 --> 01:28:28.480]  it goes for a grand jury, you know, misdemeanors and everything. It's all mine. Okay. That's
[01:28:28.480 --> 01:28:36.720]  interesting because that is in Texas Constitution, that all crimes go to a grand jury, but they don't
[01:28:36.720 --> 01:28:43.840]  do that. And I'm not sure how they get past it, because it is in Constitution. It's an issue I
[01:28:43.840 --> 01:28:55.120]  didn't get to yet. So apparently, the magistrate is, is not the go between, between the accuser
[01:28:55.120 --> 01:28:58.960]  and the state the way it is in Texas.
[01:29:01.520 --> 01:29:08.720]  Yeah, it doesn't seem like that. I've looked through the state codes for the process, how
[01:29:08.720 --> 01:29:12.400]  that's supposed to be. Well, he's supposed to make the records of the hearing and everything,
[01:29:12.960 --> 01:29:20.960]  but then don't see anything requiring a transfer anywhere. But in the codes concerning grand juries,
[01:29:20.960 --> 01:29:28.320]  there is a requirement that, you know, the magistrate of the hour, they described it,
[01:29:28.960 --> 01:29:38.560]  makes a sworn statement as to, you know, person's, you know, charged with things and,
[01:29:40.960 --> 01:29:47.760]  and what the charges are, I think. But I found. Okay, wait, wait, hang on. We're about to go to
[01:29:47.760 --> 01:29:53.360]  our sponsors, Randy Kelton, Brett Fountain. We're going to go to our radio. We'll be right back.
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[01:33:27.360 --> 01:33:56.960]  Okay, we are back. Randy Cowden, Brett Fountain, Rule of Law Radio. Okay,
[01:33:56.960 --> 01:34:06.640]  I was trying to dig into details in Tennessee law like I have in Texas law. We found a weak spot,
[01:34:08.000 --> 01:34:13.360]  a spot where they're supposed to do something then or not. What I'm finding in Tennessee is it
[01:34:13.360 --> 01:34:23.360]  appears that there is no formal way of moving the complaint from the magistrate to the court.
[01:34:23.360 --> 01:34:32.080]  So in your lawsuit, what is the primary claim that you're bringing?
[01:34:35.440 --> 01:34:42.000]  Well, it depends on who it is that, well, the main thing to start off with was being
[01:34:43.360 --> 01:34:52.160]  put in jail without first having the hearing the way the procedures is. But the Supreme Court
[01:34:52.160 --> 01:34:59.360]  in Tennessee Supreme Court found like that's okay, you know, they had their 72-hour rule
[01:34:59.360 --> 01:35:05.040]  sometime back, I think maybe they moved it back. No, no, no, that's not what it does. Okay, here's
[01:35:05.040 --> 01:35:17.200]  how that one goes. It's a 48-hour rule. City of Riverside v. McLaughlin. They're required to take
[01:35:17.200 --> 01:35:25.600]  you directly to the nearest magistrate. If they don't, then if they get you to a magistrate within
[01:35:25.600 --> 01:35:35.680]  48 hours, the taking is presumed to be proper. If it was not proper, if they could have gotten
[01:35:35.680 --> 01:35:44.240]  you to a magistrate sooner than 48 hours, then you have to prove they could have,
[01:35:44.240 --> 01:35:52.800]  the onus is on you because the taking is presumed to be proper on his face, prima facia.
[01:35:54.000 --> 01:36:01.360]  If they take you after 48 hours, the taking is presumed to be wrongful,
[01:36:02.160 --> 01:36:09.360]  and they must show cause as to why the taking was not improper. It's just a prima facia thing.
[01:36:09.360 --> 01:36:16.080]  It's not a rule. The rule is, directly to the nearest magistrate by the most direct group,
[01:36:17.520 --> 01:36:26.400]  Keith Boyd, which is a Texas case. Okay, so they take you to the magistrate,
[01:36:26.400 --> 01:36:35.440]  but the magistrate doesn't get it to the court. Right. What gets it from the magistrate to the
[01:36:35.440 --> 01:36:42.400]  court? Well, I was looking, the last time I had child court records, I was looking through it
[01:36:43.440 --> 01:36:48.080]  to see what I could find, and they had in there a grand jury worksheet.
[01:36:49.120 --> 01:36:56.320]  There it had witnesses heard by the grand jury, and a name which I don't know what it has to do
[01:36:56.320 --> 01:37:05.200]  with it, and two different cases, two different officers, two different dates, everything,
[01:37:05.200 --> 01:37:11.760]  and the same name they've got down as the witness that was brought before the grand jury. So I don't
[01:37:11.760 --> 01:37:21.200]  know why this one was brought or what he would have to offer, but I don't think that any one of
[01:37:21.200 --> 01:37:27.840]  the same officers in the two cases, very little chance of that. No, wait, wait. I'm trying to get
[01:37:27.840 --> 01:37:36.560]  it not to your particular case, but to generally how this is supposed to be done. It doesn't
[01:37:38.000 --> 01:37:44.480]  fit that some of this would just be left to the way they've always been doing it.
[01:37:45.600 --> 01:37:52.080]  Everything gets challenged by everybody. So there has to be some code or case law
[01:37:52.080 --> 01:38:01.200]  supporting or dictating how jurisdiction moves from the magistrate to the trial court.
[01:38:03.920 --> 01:38:09.360]  And it looks like in Tennessee it moves through the grand jury, but what tells the magistrate
[01:38:10.400 --> 01:38:16.320]  or the person bringing the complaint to the magistrate to file it with the grand jury,
[01:38:16.320 --> 01:38:24.800]  and what's the process for that? Well, as far as legislative procedure, the only thing I
[01:38:24.800 --> 01:38:31.360]  saw was that statement that the judge is supposed to make to the grand jury, sworn statement of
[01:38:32.480 --> 01:38:37.280]  who the persons are charged and what their charges are, I think. So how, yeah, but how
[01:38:37.280 --> 01:38:45.600]  did it get to the judge? It was with the magistrate, and now all of a sudden it appears in the hands
[01:38:45.600 --> 01:38:53.760]  of the judge. What procedure? In Texas, in indictment, everything is, every complaint
[01:38:53.760 --> 01:38:59.840]  is directed to a magistrate, and the magistrate, if he finds a probable cause, is specifically
[01:38:59.840 --> 01:39:08.000]  directed to send that finding to the trial court. It sounds like Tennessee has an empty space in
[01:39:08.000 --> 01:39:17.920]  there. Well, that's the way it seems to me. I mean, sends this report over to the trial court ahead,
[01:39:17.920 --> 01:39:26.320]  the grand jury. Yeah, but where's the statutory requirement for that? It seems there has to
[01:39:26.320 --> 01:39:32.960]  be a statutory procedure. We don't get to do this critical part of the criminal prosecution
[01:39:32.960 --> 01:39:40.000]  just by policy. It has to be done by some kind of specific...
[01:39:40.000 --> 01:39:46.880]  Well, this is a state statute that says that the grand jury is to get this report.
[01:39:49.520 --> 01:39:54.960]  Does it say who's supposed to give it to them and who makes it? Who creates it?
[01:39:54.960 --> 01:40:02.560]  Well, somewhere in backward, it was like the judge or the magistrate sent it to them.
[01:40:04.720 --> 01:40:11.840]  Okay, so the magistrate does forward his determination of probable cause to the grand jury?
[01:40:13.200 --> 01:40:18.240]  Well, it doesn't say probable cause. It just says... Well, it might not be what it is,
[01:40:18.240 --> 01:40:24.800]  but it did not... I did not find that in the trial court record. Well, did it say findings?
[01:40:26.480 --> 01:40:28.880]  Sounds like similar to the 1617.
[01:40:30.800 --> 01:40:34.000]  You know, getting down to the spot where it should be.
[01:40:35.120 --> 01:40:43.600]  So if the magistrate or judge is to send this to the grand jury, what evidence would we have of that?
[01:40:43.600 --> 01:40:52.160]  In Texas, I look for a 1617 order. And we're probably boring everybody to death,
[01:40:52.800 --> 01:40:59.680]  but these are the best kinds of discussions to have because this is where you get to the most...
[01:41:00.480 --> 01:41:07.120]  to the kinds of things that drive them crazy, like the 1617 order. That's going to make them nuts.
[01:41:07.120 --> 01:41:14.320]  Okay, let's think about that, Danny, and let's talk about this next week.
[01:41:15.040 --> 01:41:21.840]  See if we can figure out exactly what is supposed to be done to see if we can find an empty space
[01:41:21.840 --> 01:41:33.120]  in the system we can exploit. Okay. Let's see the additional defendants that I added in and why.
[01:41:33.120 --> 01:41:40.800]  All right. So there I added the municipal judge for acting like a magistrate when he shouldn't be doing it, I think.
[01:41:42.400 --> 01:41:48.320]  And then in one of the hearings, he had some time back, I'm bringing in these older cases.
[01:41:49.440 --> 01:41:52.800]  You know, I'm saying I'm still under the oppression of it,
[01:41:52.800 --> 01:42:06.560]  but assistant VA went from like January 5th to June 11th or somewhere in that range,
[01:42:06.560 --> 01:42:14.240]  sometime in June, where they didn't have a swan staying with the clerk. And they made a new one that day.
[01:42:15.920 --> 01:42:20.880]  And, you know, that sprung that on me right there before the hearing. And then when the hearing was
[01:42:20.880 --> 01:42:27.520]  called, he also sprung another thing on me where he supposedly had put a motion in to the
[01:42:28.640 --> 01:42:35.600]  judge, Jared, to substitute the complaint. But the order that he supposedly had had not been signed,
[01:42:35.600 --> 01:42:41.360]  although it said it was done on June 11th. Wait a minute. You're just rehashing the old case over.
[01:42:43.040 --> 01:42:47.760]  Are these arguments in your petition? Yes.
[01:42:47.760 --> 01:42:56.800]  And what is the argument? Are you claiming lack of subject managers fiction? Are you claiming due
[01:42:56.800 --> 01:43:04.160]  process? What are you claiming? Well, due process is pretty much the whole thing for all this.
[01:43:05.680 --> 01:43:10.960]  They didn't have a swan complaint for five months there, five or six months.
[01:43:10.960 --> 01:43:19.840]  Okay. Let's talk about this next week. We're about out of time here. And I've got one more segment
[01:43:19.840 --> 01:43:29.360]  and one more caller. Okay. Well, also found an order in the federal court where 30 seconds
[01:43:30.000 --> 01:43:39.120]  were the making a recommendation to dismiss or failure to state a claim, but also indicated that
[01:43:39.120 --> 01:43:43.280]  I didn't, you know, in places that didn't indicate that the city has a policy of doing this.
[01:43:43.920 --> 01:43:47.680]  I did not claim that they had a policy of doing this. So maybe part of it is just to
[01:43:47.680 --> 01:43:54.800]  say that kind of thing. Okay. Okay. I've got to go to break. Randy Kelton, Brett Fountain,
[01:43:54.800 --> 01:44:03.440]  Ruebler Radio. We'll be right back. Through advances in technology, our lives have greatly
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[01:46:27.200 --> 01:46:38.000]  Okay, we are back. Randy Kelton, Brett Fountain, Lula Radio. And we've got one more segment
[01:46:38.000 --> 01:46:43.520]  and Scott from Michigan. What do you have for us today?
[01:46:44.960 --> 01:46:46.240]  Hey, Randy. How's it going?
[01:46:47.520 --> 01:46:49.200]  Pretty good for an old fat guy.
[01:46:50.240 --> 01:46:51.280]  Hi, Brett. How are you?
[01:46:51.280 --> 01:46:59.520]  Good. Good. Good. It seemed like the red letter topic of the show was the prosecutor punishing.
[01:46:59.520 --> 01:47:05.520]  I know Ken brought that back up and I wanted to weigh in on that real quick just from a standpoint
[01:47:05.520 --> 01:47:13.280]  of ethics. You know, if I don't internalize guilt of my own volition, there's nothing anybody else
[01:47:13.280 --> 01:47:21.440]  can do to foist feelings of guilt upon me. And as a consequence, if I don't internalize guilt,
[01:47:22.160 --> 01:47:28.480]  if somebody tries to punish me, that can only be interpreted as torture if I don't feel bad
[01:47:28.480 --> 01:47:35.040]  about whatever action it is they're pointing the finger at for me. So I just wanted to add in a
[01:47:35.040 --> 01:47:43.040]  little ethical perspective on the idea of the prosecutor punishing people. For the reading on
[01:47:43.040 --> 01:47:50.160]  that, the super interesting is Lysander Spooner. Vices are not crimes. It's an essay he wrote in
[01:47:50.160 --> 01:48:00.960]  the 1800s. I remember Lysander Spooner. What was he famous for? He started his own post office
[01:48:00.960 --> 01:48:09.440]  because he taught the US post office living good enough. But then also there's a phrase called
[01:48:09.440 --> 01:48:14.640]  the Spoonerism that's named after him and that's where you smash two words together to make a new
[01:48:14.640 --> 01:48:22.000]  word. But also he's the guy that kind of worked it out that the Constitution is not a contract.
[01:48:25.360 --> 01:48:28.240]  Or at least that that's a possible interpretation of the situation.
[01:48:28.240 --> 01:48:35.840]  Okay, I could understand that the Constitution is not a contract. The Constitution would be a
[01:48:35.840 --> 01:48:45.600]  covenant, a part of a contract, or an addendum to a contract. For a public official, you enter
[01:48:45.600 --> 01:48:54.320]  into a contract with the jurisdiction that defines your job. The Constitution is a
[01:48:54.320 --> 01:49:05.120]  extra contractual set of covenants. So, yeah, I can see where you can say it's not the contract
[01:49:05.120 --> 01:49:14.960]  itself, but it's certainly part of a contract. Right, right. Well, and another thing that I've
[01:49:14.960 --> 01:49:19.840]  read that I'm that same kind of subject is, I can't remember his first name, but his last
[01:49:19.840 --> 01:49:28.080]  name is Labuetti, L-A-B-O-E-T-I-E, and he wrote a text called The Treatise on voluntary servitude,
[01:49:28.800 --> 01:49:35.280]  which kind of gets into that idea of, you know, prosecutor trying to punish people just because
[01:49:35.280 --> 01:49:51.120]  he wants to. Voluntary servitude. I'm not sure where that's going. Did that make sense to you, Brett?
[01:49:52.240 --> 01:50:00.000]  I'm not getting it yet. Just listening. Voluntary servitude. Well, it's the idea that
[01:50:00.000 --> 01:50:07.520]  if we, the only reason why government can push people around is because we let them do it.
[01:50:08.080 --> 01:50:13.120]  You know, the only reason they don't have to follow the laws because we let them get away
[01:50:13.120 --> 01:50:20.960]  with it, kind of an idea. And that goes to some of these patriot methods where they say,
[01:50:20.960 --> 01:50:26.000]  okay, if you want me to, you're ordering me to do that, I'm going to build you this much time.
[01:50:26.000 --> 01:50:35.360]  You order me to come to court, like with these tickets where they order you to come to court
[01:50:36.480 --> 01:50:40.080]  over and over and over, where you're being prosecuted, they order you to come to court
[01:50:40.080 --> 01:50:48.960]  and don't do anything, order you back. Then you offer, you make an offer to contract with them
[01:50:48.960 --> 01:50:58.080]  so that if they call you to court and don't exercise a governmental function,
[01:50:58.640 --> 01:51:03.680]  then you build them for your time. I definitely heard of that.
[01:51:05.840 --> 01:51:11.760]  I've got other, other, other arrows in my quiver that I would go to way before that.
[01:51:11.760 --> 01:51:17.840]  Well, you can throw that one in the middle just as money, because when they don't pay you,
[01:51:18.720 --> 01:51:24.480]  then you can try to contact the credit reporting agencies and report them for
[01:51:25.440 --> 01:51:29.520]  being deadbeats and get a mark on their credit. That'll make them crazy.
[01:51:33.360 --> 01:51:37.360]  Well, like, I guess I don't necessarily understand like, why would they would care?
[01:51:37.360 --> 01:51:42.640]  Like, if they're the city, people are still going to do business with them even if they have
[01:51:42.640 --> 01:51:49.840]  or credit, yes? No? No, it makes the bond rating go up and all of their bonds they buy cost them more money.
[01:51:52.240 --> 01:51:55.200]  Okay. I think I've figured out that in Michigan,
[01:51:56.480 --> 01:52:00.640]  they do some kind of thing where they don't use an outside agency for that. Like, all the cities
[01:52:01.440 --> 01:52:06.480]  kind of like joined together into a co-op for their municipal bonds as far as I can work it out in
[01:52:06.480 --> 01:52:12.800]  Michigan because I can't find any of those alleged, you know, there's only seven agencies that do it
[01:52:12.800 --> 01:52:18.080]  or whatever. None of those people are hooked up with Michigan as far as my weeks and weeks of
[01:52:18.080 --> 01:52:30.480]  research are turned up. So they have their own municipal or their own pool? Yeah, they call
[01:52:30.480 --> 01:52:38.240]  Michigan Municipal League and they all join together to form a bond agency as far as I can tell.
[01:52:40.720 --> 01:52:48.400]  I know Australia's Bar Association had a pool they pay into and I think Florida does that as well.
[01:52:50.320 --> 01:52:58.560]  But when I was in Australia, the bar, apparently they, all the lawyers have to pay into this pool
[01:52:58.560 --> 01:53:06.560]  and the bar uses that pool for its pet projects. So if you get hammered and they have to draw money
[01:53:06.560 --> 01:53:17.040]  out of the pool, there are not happy campers. So they punish the lawyers. So lawyers are
[01:53:17.040 --> 01:53:26.800]  just as afraid of bar grievances in Australia as they are here. I suspect England, Scotland,
[01:53:26.800 --> 01:53:33.600]  Wales, Canada are all going to be the same. All right. Let me get down to brass tax here
[01:53:33.600 --> 01:53:38.320]  in the last couple of minutes. Number one, Brad, you really knocked my socks off a few weeks ago
[01:53:38.320 --> 01:53:44.080]  with all that stuff you said about discovery. It was funny. I almost felt like you were talking
[01:53:44.080 --> 01:53:52.480]  directly to me. So I hope you'll send me what you have on this. Cool. What specifically? What do
[01:53:52.480 --> 01:53:57.280]  you need? I mean, I don't know. You can ask them questions and get them to admit or deny. I feel
[01:53:57.280 --> 01:54:03.360]  like I'm going to have a field day with that. Yeah. That's a beautiful thing. That's the admissions,
[01:54:04.320 --> 01:54:10.400]  discovery request for admissions. So I'd love to see anything you've done in that area. I'd like
[01:54:10.400 --> 01:54:22.720]  to see your whole file on discovery if I could. Well, I'll start redacting some stuff to share.
[01:54:22.720 --> 01:54:27.840]  Okay. Or I could swear an oath of allegiance to keep it private and not never share it. Well,
[01:54:27.840 --> 01:54:36.480]  we'll figure something out. Well, I mean, if I do something, I don't share if it has somebody
[01:54:36.480 --> 01:54:42.720]  else's name in it. I don't share it like that. Okay. I understand. Fair enough. Yeah. I understand
[01:54:42.720 --> 01:54:49.280]  why. And I appreciate that. That's good insight. Not so much about my name. Right. Right. Right.
[01:54:50.720 --> 01:54:54.800]  I can't find summary judgment or default judgment anywhere in the Michigan court rules
[01:54:54.800 --> 01:54:58.400]  for criminal cases. It's only listed under civil. I don't know what to make of it.
[01:54:58.400 --> 01:55:11.520]  For those issues not addressed in the criminal draw from the civil, criminal is a subset of civil.
[01:55:13.520 --> 01:55:19.040]  You don't find anything in civil in criminal about how to file motions,
[01:55:19.040 --> 01:55:23.360]  how to get them put on for hearings. I feel like particularly in the case of them,
[01:55:23.360 --> 01:55:31.040]  particularly as a pro stay, I feel like they will immediately jump on that and say, well,
[01:55:31.040 --> 01:55:36.640]  Your Honor, he's trying to use civil procedure as if that's the reason to quash that effort.
[01:55:36.640 --> 01:55:43.920]  How do you respond to that? Well, Your Honor, Council is trying to file a motion here and
[01:55:43.920 --> 01:55:52.640]  he's trying to use civil procedure. There's nothing in criminal law stating how to file a
[01:55:52.640 --> 01:56:00.320]  motion or authorizing him to file a motion. Then all of a sudden, the civil will apply.
[01:56:02.240 --> 01:56:06.640]  Okay. Because civil is equity and equity is the master law. Right.
[01:56:07.280 --> 01:56:17.120]  Well, civil, this is more administrative. It's overarching. It defines general.
[01:56:17.120 --> 01:56:19.920]  There are more specific things, but this is the general.
[01:56:19.920 --> 01:56:24.480]  This is how you file motions. This is how you get motion put on for hearing.
[01:56:24.480 --> 01:56:30.800]  This is how a motion is brought up before the court. All the rules for hearing motions,
[01:56:30.800 --> 01:56:33.760]  that's not in the criminal. I'm telling the civil.
[01:56:35.600 --> 01:56:42.320]  Okay. If you throw out all the civil, then you don't have any procedures to act upon in the criminal.
[01:56:42.320 --> 01:56:44.720]  So to say that the civil doesn't apply is ludicrous.
[01:56:44.720 --> 01:56:51.360]  Well, you just tied up a huge loose end in my mind. I'm going to go to town with that.
[01:56:53.440 --> 01:57:00.480]  Good. Because those arguments are just, you got lawyers in municipal courts and JP courts
[01:57:01.040 --> 01:57:09.520]  who are fresh out of the box. They're still pretty green. And they say stupid stuff.
[01:57:09.520 --> 01:57:15.360]  This thing of saying that the civil doesn't apply in a criminal case is just ignorant.
[01:57:17.280 --> 01:57:20.880]  And whatever lawyer says that, if you got somebody who knows what they're doing,
[01:57:20.880 --> 01:57:25.120]  you'll really stick it to them for it. Well, see, that's what I thought,
[01:57:25.120 --> 01:57:28.800]  but you know, I was afraid to make that claim in open court because I wasn't 100% sure.
[01:57:30.800 --> 01:57:34.480]  Well, if you're not 100%, you're making anyway. If you're wrong, I'll tell you.
[01:57:34.480 --> 01:57:39.520]  Yeah. Okay. You just pro say you can do that.
[01:57:41.280 --> 01:57:46.320]  Right on. Learned it. Learned and counsel can't make those mistakes, but pro says can.
[01:57:48.400 --> 01:57:52.400]  Right on. That's, that's one of the powers of being the pro say we
[01:57:53.280 --> 01:57:58.400]  pro says have powers and abilities far beyond those of mortal attorneys.
[01:57:58.400 --> 01:58:04.240]  Yes. Earlier in the show, Randy, you would say, stick it up the banks and break it off.
[01:58:04.240 --> 01:58:07.680]  Would you care to comment on what the indirect object of that sentence was?
[01:58:10.560 --> 01:58:17.520]  You'll have to remind me, stick it up the banks and break. Oh, oh, uh, jazz and Alsky.
[01:58:18.720 --> 01:58:24.720]  Jazz and Alsky, they said the bank has to pay back all the money it received first,
[01:58:24.720 --> 01:58:30.560]  then the individual gives back the property. So it's 20 seconds.
[01:58:31.360 --> 01:58:36.560]  The banks were trying to make it impossible to do a rescission and this is the wood and all that
[01:58:36.560 --> 01:58:42.880]  form. Thank you all for listening. Randy Kelton, Brett Fountain. We'll be back next week. Thank you,
[01:58:42.880 --> 01:58:48.800]  Scott. Thank you. Good night. Shut up, Scott. I'm doing an outflow here.
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