[00:00.000 --> 00:07.240]  The following use flash is brought to you by the Lone Star Lowdown.
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[00:35.200 --> 00:42.960]  Coin $100.31, and Bitcoin Cash is at $324.10 a Crypto Coin.
[00:42.960 --> 00:52.880]  Today in history, the year 1916, the preparedness day bombing, a tying suitcase bomb, was detonated
[00:52.880 --> 00:58.200]  on Market Street in San Francisco during the World War I preparedness day parade, killing
[00:58.200 --> 01:05.200]  10 and injuring 40 today in history.
[01:05.200 --> 01:09.880]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing happen to
[01:09.880 --> 01:14.640]  taxes law back in June, county prosecutors around the state including Houston, Austin,
[01:14.640 --> 01:19.280]  San Antonio have been dropping marijuana possession charges and even refusing to file new ones
[01:19.280 --> 01:23.280]  since they are stipulating that they do not have the time or the laboratory equipment to
[01:23.280 --> 01:25.240]  test the herb for THC.
[01:25.240 --> 01:28.880]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.880 --> 01:33.440]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.440 --> 01:34.440]  law.
[01:34.440 --> 01:38.040]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:38.040 --> 01:42.560]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.560 --> 01:48.720]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.720 --> 01:54.960]  well as other cities too, like the District Attorney in El Paso, Cayma Esparza, a Democrat
[01:54.960 --> 01:59.440]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:59.440 --> 02:02.240]  prosecution of marijuana cases in El Paso.
[02:02.240 --> 02:07.240]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:07.240 --> 02:11.240]  in Harris County who stated that, quote, the law is constantly changing on what makes
[02:11.240 --> 02:13.960]  something illegal based on its chemical makeup.
[02:13.960 --> 02:17.840]  It's important that if someone is charged with something, the test matches what they're
[02:17.840 --> 02:23.080]  charged with.
[02:23.080 --> 02:27.680]  A paper by Tulane University identified a five and a half inch American pocket shark
[02:27.680 --> 02:32.800]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.800 --> 02:38.480]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.480 --> 02:39.960]  Pacific Ocean.
[02:39.960 --> 02:44.680]  According to the university paper, the shark secretes a lumus fluid from a gland near its
[02:44.680 --> 02:51.680]  front fins for the purposes hypothesized to lure and prey who may be drawn into the glow.
[03:14.680 --> 03:30.680]  It's important that if someone is charged with something, the shark secretes a lumus
[03:30.680 --> 03:39.680]  fluid from a gland near its front fins for the purposes hypothesized to lure and prey
[03:39.680 --> 03:46.680]  who may be drawn into the glow.
[03:46.680 --> 04:12.680]  It's important that if someone is charged with something, the shark secretes a lumus
[04:12.680 --> 04:19.680]  fluid from a gland near its front fins for the purposes hypothesized to lure and prey
[04:19.680 --> 04:20.680]  who may be drawn into the glow.
[04:20.680 --> 04:25.680]  It's important that if someone is charged with something, the shark secretes a lumus
[04:25.680 --> 04:30.680]  fluid from a gland near its front fins for the purposes hypothesized to lure and prey
[04:30.680 --> 04:32.680]  who may be drawn into the glow.
[04:32.680 --> 04:43.680]  As old as I am, there's no way I can remember that it's the nice day of December 2021.
[04:43.680 --> 04:45.680]  Brad, you failed me.
[04:45.680 --> 04:46.680]  Good job.
[04:46.680 --> 04:47.680]  I was going to see if you'd buy it.
[04:47.680 --> 04:50.680]  If I told you it's Monday, maybe you'd buy that.
[04:50.680 --> 04:51.680]  Okay.
[04:51.680 --> 04:56.680]  We have two calls on the phone lines, but they probably won't work.
[04:56.680 --> 04:57.680]  Tina, Diana.
[04:57.680 --> 05:03.680]  I think Diana may be a holdover from Tom Cawley's show.
[05:03.680 --> 05:06.680]  If you can hear me, hang up and call back.
[05:06.680 --> 05:13.680]  Hang up for just a minute or two, then I'll turn these phone lines on and then call back.
[05:13.680 --> 05:14.680]  Okay.
[05:14.680 --> 05:15.680]  Here we go.
[05:15.680 --> 05:17.680]  Turning the phone lines on.
[05:17.680 --> 05:18.680]  Execute.
[05:18.680 --> 05:19.680]  Let's see.
[05:19.680 --> 05:23.680]  Let me try it, Tina, and see if I can hear it.
[05:23.680 --> 05:26.680]  Tina, can you hear me?
[05:26.680 --> 05:29.680]  I didn't think so.
[05:29.680 --> 05:30.680]  Okay.
[05:30.680 --> 05:32.680]  Let's try Diana.
[05:32.680 --> 05:34.680]  She's on here twice.
[05:34.680 --> 05:36.680]  No, I've got...
[05:36.680 --> 05:37.680]  Oh, that's Daniela.
[05:37.680 --> 05:38.680]  Okay.
[05:38.680 --> 05:39.680]  Let me try Diana.
[05:39.680 --> 05:43.680]  Diana, can you hear me?
[05:43.680 --> 05:44.680]  No.
[05:44.680 --> 05:45.680]  Okay.
[05:45.680 --> 05:48.680]  If you're hearing me, you can't talk to me.
[05:48.680 --> 05:53.680]  Drop off and call back, and then I'll be able to take you.
[05:53.680 --> 05:58.680]  Because if you're on when we change shows, then I lose you.
[05:58.680 --> 06:02.680]  I have to reset the caller board for me to come back in.
[06:02.680 --> 06:03.680]  Okay.
[06:03.680 --> 06:05.680]  We are back up.
[06:05.680 --> 06:10.680]  I had this really interesting, innovative presentation I was going to do,
[06:10.680 --> 06:13.680]  but I already got a couple of calls on the board.
[06:13.680 --> 06:18.680]  Before we go to those callers, I do want to talk about what I'm doing.
[06:18.680 --> 06:23.680]  And I'm talking about this, guys, because, and Goyles,
[06:23.680 --> 06:29.680]  because it's more sophisticated than most of the stuff we talk about.
[06:29.680 --> 06:34.680]  You know, on this show, we say everything's political.
[06:34.680 --> 06:36.680]  You know, we're creatures of statute,
[06:36.680 --> 06:42.680]  but we understand that at the end of the day, everything is political.
[06:42.680 --> 06:50.680]  So what I've been doing is Tina filed some criminal complaints against Mnuchin.
[06:50.680 --> 06:52.680]  To direct you to the Treasury.
[06:52.680 --> 06:54.680]  Tina, can you hear me?
[06:54.680 --> 06:56.680]  Yes, I can.
[06:56.680 --> 06:57.680]  Okay.
[06:57.680 --> 06:58.680]  All right.
[06:58.680 --> 06:59.680]  We got it.
[06:59.680 --> 07:00.680]  We got it.
[07:00.680 --> 07:01.680]  Okay.
[07:01.680 --> 07:03.680]  She filed some complaints against Mnuchin.
[07:03.680 --> 07:09.680]  And I looked at the complaints afterward, and all of them but one were federal.
[07:09.680 --> 07:14.680]  Only one the prosecuting attorney had would have had,
[07:14.680 --> 07:19.680]  I'm sorry, the Travis County would have had jurisdiction on.
[07:19.680 --> 07:26.680]  But they gave Tina a letter saying they didn't have jurisdiction on any of them.
[07:26.680 --> 07:30.680]  So I had a problem with that.
[07:30.680 --> 07:36.680]  And the problem wasn't, it did not go to whether they had jurisdiction
[07:36.680 --> 07:38.680]  or whether they did not have jurisdiction.
[07:38.680 --> 07:45.680]  The problem went to who the heck are you to make that determination?
[07:45.680 --> 07:51.680]  Where did you get authority to make that particular determination?
[07:51.680 --> 07:56.680]  You know, we hear a lot about prosecutorial discretion.
[07:56.680 --> 08:00.680]  Well, what is prosecutorial discretion?
[08:00.680 --> 08:02.680]  And where did they get it?
[08:02.680 --> 08:09.680]  I was just trying to open a document that has, let's see, Court of Inquiry Garza.
[08:09.680 --> 08:10.680]  Okay.
[08:10.680 --> 08:15.680]  Tina filed those complaints, and the district attorney decided that they were not going
[08:15.680 --> 08:21.680]  to pursue prosecution because they did not have jurisdiction.
[08:21.680 --> 08:22.680]  Well, that's fine.
[08:22.680 --> 08:24.680]  He can link that.
[08:24.680 --> 08:28.680]  But doesn't he have to get a judge to say that?
[08:28.680 --> 08:30.680]  Very good observation.
[08:30.680 --> 08:38.680]  Article 2.01, Chapter 2 is titled, of the Texas Code of Criminal Procedures,
[08:38.680 --> 08:41.680]  titled, Duties of Officers.
[08:41.680 --> 08:46.680]  The first officers they address are prosecuting attorneys.
[08:46.680 --> 08:52.680]  And 2.01 says it shall be the duty of the prosecuting attorney not to secure conviction.
[08:52.680 --> 08:57.680]  And if you're not in Texas, if you'll check your codes,
[08:57.680 --> 09:06.680]  most of the 47 of 50 states adopted a model code put out by the government that Truman
[09:06.680 --> 09:13.680]  had it put together so that those codes would be similar in all of the states.
[09:13.680 --> 09:16.680]  47 adopted it and then made their own changes.
[09:16.680 --> 09:22.680]  So generally, they're either exactly the same or very close.
[09:22.680 --> 09:30.680]  And in Texas, in the section talking about prosecutors and what their duties and authorities are,
[09:30.680 --> 09:37.680]  2.01 says it shall be the primary duty of the prosecuting attorney not to secure conviction,
[09:37.680 --> 09:40.680]  but to ensure that justice is served.
[09:40.680 --> 09:44.680]  He shall not seek with evidence or witnesses that will show the innocence of the accused
[09:44.680 --> 09:47.680]  or mitigate the guilt of the accused.
[09:47.680 --> 09:55.680]  Well, that's nice high-minded rhetoric, but it really doesn't tell the prosecutor to do anything in particular.
[09:55.680 --> 10:03.680]  2.02, the district attorney will have a list of, county attorney will have a list of.
[10:03.680 --> 10:13.680]  2.03, prosecuting attorney has it made known to him that a public official has violated the law relating to his office.
[10:13.680 --> 10:18.680]  He shall reduce the complaint and information submitted to the grand jury.
[10:18.680 --> 10:22.680]  That's a paraphrase a little more complicated than that.
[10:22.680 --> 10:24.680]  No discussion.
[10:24.680 --> 10:32.680]  As opposed to or contrasted with the situation where you have a criminal complaint against somebody that's not a public official,
[10:32.680 --> 10:37.680]  then that doesn't trigger his duty as a district attorney.
[10:37.680 --> 10:39.680]  He doesn't have to do something with it.
[10:39.680 --> 10:42.680]  He can, but there's no must.
[10:42.680 --> 10:44.680]  Actually, yes, he does.
[10:44.680 --> 10:45.680]  Oh, is it somewhere else?
[10:45.680 --> 10:49.680]  Yeah, that's 2.03, he says it addresses public officials.
[10:49.680 --> 10:55.680]  The first statute that says you must do this thing goes to public officials.
[10:55.680 --> 11:02.680]  And a prosecutor should not be in a position to determine whether or not to prosecute somebody he works with.
[11:02.680 --> 11:04.680]  So they took that burden off of him.
[11:04.680 --> 11:07.680]  And he's to give it to the grand jury.
[11:07.680 --> 11:12.680]  The only other thing is that the information, right, he has to draw up the information.
[11:12.680 --> 11:15.680]  He doesn't have to take him to the grand jury.
[11:15.680 --> 11:17.680]  Oh, 2.03 he has to.
[11:17.680 --> 11:18.680]  Yes.
[11:18.680 --> 11:20.680]  2.04 shall draw complaints.
[11:20.680 --> 11:27.680]  Upon a complaint being made before the district county attorney that an offense has been committed in his district or county,
[11:27.680 --> 11:32.680]  he shall reduce the complaint to a writing and cause the same to be signed and sworn by the complaint.
[11:32.680 --> 11:35.680]  And it shall be duly attested by said attorney.
[11:35.680 --> 11:42.680]  Okay, when the complaint is made 2.05, if the offense be a misdemeanor,
[11:42.680 --> 11:48.680]  the attorney shall forthwith prepared an information based upon such complaint and file the same with the court having jurisdiction.
[11:48.680 --> 11:55.680]  Provided that in certain counties where no county attorney, blah, blah, blah.
[11:55.680 --> 11:57.680]  Then somebody else has to do it.
[11:57.680 --> 11:58.680]  It's all the same.
[11:58.680 --> 12:04.680]  He has to give it to some magistrate, so to the court.
[12:04.680 --> 12:08.680]  2.06 may administer O's.
[12:08.680 --> 12:12.680]  Okay, if it's a felony, you know, okay, 2.05 sells them as a felony.
[12:12.680 --> 12:16.680]  You give it to the district clerk, to the misdemeanor, give it to the county clerk.
[12:16.680 --> 12:21.680]  2.06 for the purpose is mentioned in two preceding articles.
[12:21.680 --> 12:26.680]  The district and county attorneys are authorized to administer O's.
[12:26.680 --> 12:34.680]  2.07, whenever an attorney for the state is disqualified to act in any case you're proceeding,
[12:34.680 --> 12:42.680]  is absent from the county or district or is otherwise unable to perform his duties of the attorney's office
[12:42.680 --> 12:48.680]  or in any instance where there is no attorney for the state to judge of the court
[12:48.680 --> 12:54.680]  in which the attorney represents the state may appoint from the any county or district an attorney for the state
[12:54.680 --> 13:05.680]  or may appoint an assistant attorney general to perform the duties of the office during the absence of the disqualified disqualification of the attorney's state.
[13:05.680 --> 13:08.680]  Okay, that's it.
[13:08.680 --> 13:14.680]  That's all there is in duties of prosecuting attorneys.
[13:14.680 --> 13:23.680]  Brett, where in there do you find this thing called prosecutorial discretion?
[13:23.680 --> 13:31.680]  Well, you have to read between the lines because it's actually not written in there.
[13:31.680 --> 13:33.680]  It must be a big gap.
[13:33.680 --> 13:45.680]  Well, what I did was wrote a criminal complaint to the grand jury claiming that the prosecuting attorney and his assistant, Ron Drummond,
[13:45.680 --> 13:52.680]  and for those of you who are listening, you know, some people are concerned about stating actual names.
[13:52.680 --> 14:00.680]  Joe Garza, elected district attorney, Ron Drummond, Trump assistant district attorney.
[14:00.680 --> 14:12.680]  The letter was from Drummond, Ron Drummond, acting under the authority of the district attorney, Jose Garza,
[14:12.680 --> 14:25.680]  exerted or purported to exert authority they did not express to have and in the process impersonated a public official, specifically a magistrate.
[14:25.680 --> 14:36.680]  There are only two individuals in Texas authorized to dismiss the criminal case.
[14:36.680 --> 14:51.680]  A magistrate on the completion of an examining trial under Chapter 16 and a trial judge on a motion.
[14:51.680 --> 15:00.680]  If a trial judge determines that there's insufficient evidence to support a prosecution, he can sui sponte dismiss the case.
[15:00.680 --> 15:07.680]  Or on a motion from the prosecution or the defense, if it's sufficient, he can dismiss the case.
[15:07.680 --> 15:16.680]  There is no one else in law statutorily authorized to dismiss a prosecution.
[15:16.680 --> 15:19.680]  Certainly not that Trump assistant by DA.
[15:19.680 --> 15:21.680]  Exactly.
[15:21.680 --> 15:30.680]  I like to put it in writing, I'll put DA assistant, but I abbreviate assistant, you know, save on ink and all that, so I just put the first three letters in there.
[15:30.680 --> 15:35.680]  So it'll say DA and then another word that we don't use on the air.
[15:35.680 --> 15:37.680]  DA-ness?
[15:37.680 --> 15:41.680]  Okay, we want to be politically correct here.
[15:41.680 --> 16:03.680]  Okay, so what I did was put together a criminal complaint against the district attorney and filed it with his head investigator and the address of the grand jury is the district attorney's office.
[16:03.680 --> 16:06.680]  So I went to see the grand jury.
[16:06.680 --> 16:22.680]  I told the bailiff at the door, when you come in the door at the Ron Earl building in Austin, there is a metal detector to your right, I'm sorry, to your left.
[16:22.680 --> 16:25.680]  To your right, there's a door.
[16:25.680 --> 16:28.680]  That door goes into district attorney's office.
[16:28.680 --> 16:37.680]  So I went to the right, went through the metal detector and I told the bailiff and struck the district attorney that I have business with the grand jury.
[16:37.680 --> 16:39.680]  And they were confused.
[16:39.680 --> 16:41.680]  Well, go in there and tell them I'm here.
[16:41.680 --> 16:44.680]  Okay, so I went and told them, this head investigator come out.
[16:44.680 --> 16:47.680]  She's the woman I gave the complaint against the governor to.
[16:47.680 --> 16:58.680]  So she knew immediately who I was and I got the distinct impression that she was glad to see me.
[16:58.680 --> 17:17.680]  It's the 2019 Logos Radio Network Annual Fundraiser and Gun Giveaway, sponsored by Central Texas Gun Works. Go to logosradionetwork.com and enter to win. Any amount is appreciated. Everything helps to keep us on the air.
[17:17.680 --> 17:29.680]  From Central Texas Gun Works, the grand prize up for grabs is a Spikes Tactical AR-15. More prizes and sponsors to be announced. Every $25 donation is a chance to win.
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[18:00.680 --> 18:11.680]  Logos Radio Network welcomes a new show to our lineup for the new year. Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. Central Time.
[18:11.680 --> 18:21.680]  Our goal is in accord with Matthew 5.16. Let your light so shine before men that they may see your good works and glorify your Father which is in heaven.
[18:21.680 --> 18:34.680]  We wish to reflect God's light and be a blessing to all those with a hearing ear. Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed to provoke unto love and good works.
[18:34.680 --> 18:48.680]  Our verse by verse Bible studies will begin in the book of Matthew where we will discuss one chapter per week. Our topical Bible studies will vary each week and will explore sound doctrine as well as Christian character development.
[18:48.680 --> 19:00.680]  So mark your calendar and join us live on logosradionetwork.com Wednesdays from 8 to 10 p.m. starting January 8th for an inspiring and motivating discussion of the Scriptures.
[19:18.680 --> 19:28.680]  We are the Christians.
[19:28.680 --> 19:38.680]  We are the Christians.
[19:38.680 --> 19:48.680]  We are Christians.
[19:48.680 --> 19:58.680]  We are Christians.
[19:58.680 --> 20:08.680]  We are Christians.
[20:08.680 --> 20:18.680]  We are Christians.
[20:18.680 --> 20:28.680]  We are Christians.
[20:28.680 --> 20:38.680]  We are Christians.
[20:38.680 --> 20:48.680]  We are Christians.
[20:48.680 --> 20:58.680]  We are Christians.
[20:58.680 --> 21:08.680]  We are Christians.
[21:08.680 --> 21:18.680]  We are Christians.
[21:18.680 --> 21:28.680]  We are Christians.
[21:28.680 --> 21:38.680]  We are Christians.
[21:38.680 --> 21:48.680]  We are Christians.
[21:48.680 --> 21:58.680]  We are Christians.
[21:58.680 --> 22:08.680]  We are Christians.
[22:08.680 --> 22:18.680]  We are Christians.
[22:18.680 --> 22:38.680]  And here's where I'm going. The prosecutor decided to exercise prosecutor discretion. I filed these criminal complaints and told the head investigator came out and I gave him to her and it had grand jury foreman's eyes only.
[22:38.680 --> 22:50.680]  I gave it to her and said, give this to the grand jury. Do not open it. Tell your boss to not open it because it is a trap.
[22:50.680 --> 23:00.680]  And she said, it's a trap. Yes, it is. He opened it and he found criminal charges against himself.
[23:00.680 --> 23:12.680]  I told him it was a trap and then on the top of it was a cover letter for the grand jury foreman asking the grand jury foreman to email me and let me know he received this.
[23:12.680 --> 23:16.680]  Well, I never received an email from the grand jury foreman.
[23:16.680 --> 23:38.680]  And what that does, and for future reference, you get to understand this part. I had a reasonable expectation that the foreman would send me an email letting me know that he received this document based on my request that he do so.
[23:38.680 --> 24:00.680]  I did not receive that email. So that gives me reasonable probable cause to believe that the prosecuting attorney secreted criminal complaints against himself from the grand jury in an act of shielding from prosecution and his assistant.
[24:00.680 --> 24:15.680]  There were two acts of shielding from prosecution. Actually, there were six complaints in there, three against each one. So that's six acts of shielding, felony shielding from prosecution.
[24:15.680 --> 24:23.680]  Now, maybe he did give it to the grand jury and the foreman forgot to send me that email.
[24:23.680 --> 24:38.680]  Well, oh my goodness, when the issue comes up, the foreman will say, oh, I got those. I didn't send you the email and the district attorney will have an affirmative defense.
[24:38.680 --> 24:55.680]  But it is an affirmative defense and not a bar to prosecution. So I didn't get the email, so I prepared a criminal complaint for every district judge in Travis County.
[24:55.680 --> 25:09.680]  I think there were eight of them. And I will send this to each one of them. I'm asking the judge to issue a warrant under 15.09 Texas Code of Criminal Procedure.
[25:09.680 --> 25:31.680]  I really don't care about the prosecuting attorney at this time. I'm setting a trap for these judges. 15.09 says it's prosecuting that when a complaint is forwarded to a magistrate, the magistrate shall issue a warrant forthwith.
[25:31.680 --> 25:39.680]  Did you say shall? Did not say may, might, or can if he wants to.
[25:39.680 --> 25:46.680]  Well, what about that prosecutorial discretion? Can't that kind of lean on him and he can decide whether he's going to do a warrant or not that way?
[25:46.680 --> 25:47.680]  Well, I gave...
[25:47.680 --> 25:50.680]  Prosecutorial discretion. I mean, that's a popular phrase.
[25:50.680 --> 26:05.680]  I gave this to the... I'm giving these to the district judges. Now, district judges can't hold examining trials, but they cannot hold an examining trial in absentia.
[26:05.680 --> 26:15.680]  They can't hold an ex parte examining trial. I didn't understand the something I missed in the code.
[26:15.680 --> 26:25.680]  Now, you guys, you're listening to me spouting all these codes, and you're listening to Brett spouting all these codes, and you think we know everything. We don't.
[26:25.680 --> 26:37.680]  We've got a few codes we go over repeatedly, but we don't have the whole code memorized. And even memorizing the code, you have to look close at it.
[26:37.680 --> 26:48.680]  That's why I suggest people read it twice, because the second time you read it, you're able to put the pieces together, whether it's a piece I missed.
[26:48.680 --> 26:56.680]  And that was 1509, because Chapter 15 goes to arrest on a warrant.
[26:56.680 --> 27:07.680]  And I missed the part where the warrant's created. Well, I read it, but I didn't click in what that meant.
[27:07.680 --> 27:17.680]  When he receives the complaint, he must issue a warrant. Then once the person is arrested, if you look at criminal complaints, they will all...
[27:17.680 --> 27:30.680]  I mean, I'm sorry. If you look at warrants, they will always say, arrest this person and bring him before me.
[27:30.680 --> 27:32.680]  The exam magistrate.
[27:32.680 --> 27:44.680]  Exactly. He couldn't hold an examining trial just with a complaint, because the accused in an examining trial has a whole number of rights that he must afford them.
[27:44.680 --> 27:54.680]  First one, before any evidence is entered into the court against the accused, the accused has a right to make a statement.
[27:54.680 --> 28:04.680]  Okay, that may be a really bad idea to issue a statement when you're not a learned counsel, but you have the right to do that.
[28:04.680 --> 28:09.680]  And the magistrate would have to court all these rights, so he couldn't do that without you there.
[28:09.680 --> 28:20.680]  So he must issue a warrant. When they're arrested that will bring you before him, then he can hold a proper examining trial, make a determination of probable cause,
[28:20.680 --> 28:30.680]  issue an order showing that he found probable cause and filed it with the court. That's what 1617 commands him to do.
[28:30.680 --> 28:40.680]  If an order is not filed with the court within 48 hours, the accused has a right to discharge, statutory right to discharge.
[28:40.680 --> 28:55.680]  So that's the way it's supposed to go. That's the guy who determines probable cause, not a prosecuting attorney, not even a grand jury.
[28:55.680 --> 29:06.680]  A grand jury, we have case law that says that a grand jury's indictment takes the place of an examining trial.
[29:06.680 --> 29:12.680]  Well, how the heck is that supposed to work?
[29:12.680 --> 29:27.680]  Is that when you ask him, did you just make that up? Exactly. 20a.304 says that when a grand jury finds a true bill,
[29:27.680 --> 29:37.680]  they're to come before the court or the clerk with a quorum of the grand jury present and read the fact of the true bill on the record.
[29:37.680 --> 29:42.680]  And the clerk shall make note to the minutes of the court unless the person hasn't been arrested.
[29:42.680 --> 29:48.680]  Then they're forbidden to turn that true bill into an indictment by registering it with the court.
[29:48.680 --> 29:54.680]  They have to file a capious warrant, and they can't make it an indictment until the person has been arrested.
[29:54.680 --> 30:01.680]  And when he's arrested, he's taken before a magistrate to hang on. Be right back.
[30:01.680 --> 30:11.680]  Businesses ask you for a lot of personal information, and you may trust them to keep it safe. But it turns out that even the most trusted companies may be unwittingly revealing your secrets.
[30:11.680 --> 30:33.680]  I'm Dr. Catherine Albrecht, and I'll be right back with details.
[30:41.680 --> 30:44.680]  Let's start over with StartPage.
[31:12.680 --> 31:17.680]  They've never been hacked, but even if they were, there would be nothing for criminals to see. The cupboard would be bare.
[31:17.680 --> 31:21.680]  Too bad other companies don't treat your data the same way.
[31:21.680 --> 31:42.680]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:52.680 --> 31:58.680]  Bring justice to my son, my uncle, my nephew, my son. Go to buildingwhat.org.
[31:58.680 --> 32:27.680]  By itself, why it matters, and what you can do.
[32:28.680 --> 32:35.680]  The rule of law radio has put together the most comprehensive teaching tool available that will help you understand what due process is and how to hold courts to the rule of law.
[32:35.680 --> 32:41.680]  You can get your own copy of this invaluable material by going to ruleoflawradio.com and ordering your copy today.
[32:41.680 --> 32:51.680]  By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law vs. the Lie, video and audio of the original 2009 seminar, hundreds of research documents and other useful resource material.
[32:51.680 --> 33:02.680]  You can fight for your rights with the help of this material from ruleoflawradio.com. Order your copy today and together we can have the free society we all want and deserve.
[33:02.680 --> 33:13.680]  Live free speech radio, logosradionetwork.com.
[33:13.680 --> 33:22.680]  Yes, Mr. Officer, you're taking the right hand. I want you to follow the law of the land.
[33:22.680 --> 33:26.680]  I don't know how to say it.
[33:26.680 --> 33:29.680]  Good job, Mr. Koteca. Good.
[33:29.680 --> 33:33.680]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio.
[33:33.680 --> 33:42.680]  And I'm going through all this because I'm setting them up and playing them like a cheap fiddle.
[33:42.680 --> 33:51.680]  Everything I'm doing here, you know, I have a bunch of rules and one of the rules is never ask the public official to do anything you actually want them to do.
[33:51.680 --> 34:03.680]  So we want them to want to ask them to do things that when they don't do them, we have action we can take against them to make life miserable for.
[34:03.680 --> 34:29.680]  And in this case, I'm going to ask all of these district judges to issue a warrant against the district attorney and have him arrested for criminal conspiracy, for a simulating legal process and for official oppression.
[34:29.680 --> 34:35.680]  I'm sorry, and for impersonating the public official.
[34:35.680 --> 34:43.680]  So I've filed all of these with the grand jury, but the prosecuting attorney shielded all those from the grand jury.
[34:43.680 --> 34:54.680]  So I'm going to charge him with six counts of shielding prosecution, accuse him of shielding himself from prosecution,
[34:54.680 --> 35:10.680]  and ask the district judges, each one individually, to issue seven warrants against the district attorney and seven warrants against the assistant district attorney.
[35:10.680 --> 35:16.680]  And you think you're going to do that, Brett?
[35:16.680 --> 35:20.680]  Do I think that they're going to do what they're required to do by law?
[35:20.680 --> 35:21.680]  Yeah.
[35:21.680 --> 35:22.680]  No.
[35:22.680 --> 35:26.680]  You're such a skeptic.
[35:26.680 --> 35:28.680]  Well, me too.
[35:28.680 --> 35:48.680]  When they don't do that, I have a particular district judge in Williamson County, the county on borders, Travis County to the north, who happens to be a Republican, young, energetic, upwardly mobile district judge.
[35:48.680 --> 35:57.680]  I'm going to take all of these district judges in Travis County to this Republican district judge in Williamson County.
[35:57.680 --> 36:06.680]  And what I'm hoping is, is that someone from the prosecuting attorney's office in Travis County is listening to this broadcast.
[36:06.680 --> 36:12.680]  If you are, I'm letting the cat out of the bag.
[36:12.680 --> 36:16.680]  This is what I'm going to do to you.
[36:16.680 --> 36:21.680]  And at this point, there's not much you can do about it.
[36:21.680 --> 36:27.680]  You may have some influence with these district judges in Travis County because they're all Democrats like you.
[36:27.680 --> 36:45.680]  Let's see how much influence you have with this Republican district judge in Williamson County when I asked him to issue warrants against every one of the district judges in Travis County for not issuing warrants against you.
[36:45.680 --> 36:49.680]  What do you think that district judge is going to do?
[36:49.680 --> 36:58.680]  Do you really think he's going to throw himself under the bus to protect all these Democrats?
[36:58.680 --> 37:04.680]  And what if this guy doesn't issue warrants?
[37:04.680 --> 37:15.680]  And I'm going to predict to everyone that he's not going to enter warrants while there may be political divisions.
[37:15.680 --> 37:24.680]  At the end of the day, all of these guys tend to slither up behind the same thin blues line.
[37:24.680 --> 37:30.680]  So Brett, what do we do next?
[37:30.680 --> 37:35.680]  Then they get a criminal complaint against them for not doing their job.
[37:35.680 --> 37:48.680]  With the Court of Appeals, and we asked the Court of Appeals to issue warrants against all of these guys.
[37:48.680 --> 37:52.680]  And I think there are three judges on the Court of Appeals.
[37:52.680 --> 38:03.680]  We'll send to each one of them, and then when they don't do it, we've got nine judges on the Court of Criminal Appeals.
[38:03.680 --> 38:15.680]  Then we'll file against the Court of Appeals with the Court of Criminal Appeals and everybody else, and ask them to issue warrants to arrest everyone below them.
[38:15.680 --> 38:19.680]  And you can see the writing on the wall.
[38:19.680 --> 38:21.680]  I don't count on it.
[38:21.680 --> 38:36.680]  It would be nice to think that, yeah, they got this figured out, and we can trust them to do the right thing to save their own behind, rather than throwing themselves under the bus.
[38:36.680 --> 38:44.680]  I wish I could trust them to do that, but somehow I think they're not going to do it.
[38:44.680 --> 38:55.680]  So next we go to all of the justices on the Texas Supreme Court and ask them to do the same thing.
[38:55.680 --> 39:00.680]  What do you think they're going to do?
[39:00.680 --> 39:05.680]  Then we take them all to the Fed.
[39:05.680 --> 39:09.680]  The rule is take the state to the Fed, the Fed to the state.
[39:09.680 --> 39:18.680]  So we go to the Fed and file against the state of Texas.
[39:18.680 --> 39:26.680]  And when we do that, we file against the state of Texas for an ongoing criminal conspiracy to obstruct justice.
[39:26.680 --> 39:38.680]  And we can show that we went through everybody, all the highest public officials in Texas, a part of this ongoing criminal conspiracy.
[39:38.680 --> 39:46.680]  And we file a 42 U.S. Code 1983 suit in the Fed.
[39:46.680 --> 39:58.680]  And since we sue the state itself for an ongoing criminal conspiracy, that goes straight to the Supreme.
[39:58.680 --> 40:04.680]  Whether we get the Supreme to act against them or not is not relevant.
[40:04.680 --> 40:10.680]  It would be nice, but it don't matter at the end of the day.
[40:10.680 --> 40:16.680]  We have every high-level judge in Texas looking over their shoulder,
[40:16.680 --> 40:27.680]  wondering if a federal grand jury is going to indict them for RICO, if this goes directly to RICO.
[40:27.680 --> 40:35.680]  There are more than two predicate acts in furtherance of an ongoing criminal conspiracy, that's RICO.
[40:35.680 --> 40:43.680]  And here these are multiple predicate acts and an ongoing criminal conspiracy to obstruct justice.
[40:43.680 --> 40:47.680]  Whether we actually get them or not.
[40:47.680 --> 40:55.680]  When I come back to the district attorney in Travis County with criminal complaints against the next set of public officials,
[40:55.680 --> 41:00.680]  what do you think he's going to do?
[41:00.680 --> 41:06.680]  Whenever you take these guys on, always have a plan.
[41:06.680 --> 41:12.680]  Look ahead of you, always expect them not to do what you're asking them to do,
[41:12.680 --> 41:20.680]  but always ask them to do things that the law specifically commands them to do.
[41:20.680 --> 41:30.680]  You can walk all over them, one person in every state, that's all we need.
[41:30.680 --> 41:36.680]  You know, we found a complaint with the governor, against the governor here in Texas,
[41:36.680 --> 41:39.680]  and he immediately rescinded all of his executive orders.
[41:39.680 --> 41:48.680]  One person in 29 million, and puff, they're gone.
[41:48.680 --> 41:54.680]  But I was just using him for a crash dummy, so I could get it to Chief Justice of the Supreme.
[41:54.680 --> 42:01.680]  I'll be filing criminal charges against the Chief Justice of the Supreme with the Travis County District Attorney,
[42:01.680 --> 42:04.680]  for not issuing a warrant against the governor.
[42:04.680 --> 42:08.680]  So put yourself in his shoes, what would you do?
[42:08.680 --> 42:15.680]  Tina, what do you think? Let me get to where I can unmute you.
[42:15.680 --> 42:18.680]  Okay, what do you think, Tina?
[42:18.680 --> 42:23.680]  I think your plan is very good.
[42:23.680 --> 42:30.680]  I'm hoping it comes to fruition soon, because we have a lot more to do.
[42:30.680 --> 42:37.680]  Okay, do you understand? I'm going to blame you for all of this.
[42:37.680 --> 42:46.680]  So when they come after me, I'll grab you and throw you in front of them. Here, take her.
[42:46.680 --> 42:51.680]  Okay, we have three first-time callers.
[42:51.680 --> 42:59.680]  Tina, you got some stuff I want to go over. Can you call in tomorrow night? Will you have time?
[42:59.680 --> 43:03.680]  Tomorrow. Yeah, I should have time tomorrow.
[43:03.680 --> 43:10.680]  Good, normally I would want to talk to you right now, but I've got three more callers, and they're all appear to be first-time callers.
[43:10.680 --> 43:14.680]  So I want to make sure I get to them.
[43:14.680 --> 43:21.680]  Okay, so everybody knows, this is all Tina's fault. She started all this.
[43:21.680 --> 43:25.680]  I actually heard Brett started all this.
[43:25.680 --> 43:33.680]  So I take no responsibility.
[43:33.680 --> 43:37.680]  Okay, you better sort those new callers out.
[43:37.680 --> 43:41.680]  Okay, thank you very much. I'm going to go to these callers.
[43:41.680 --> 43:45.680]  I lost my clock. Brett, can you see the clock?
[43:45.680 --> 43:47.680]  I got it. 15 seconds.
[43:47.680 --> 43:51.680]  I'm going to come back, but we'll go to the callers, and we'll try to get to everybody.
[43:51.680 --> 43:59.680]  I'm going to tell Brett Fountain we'll go to the radio. I'm not going to give out the calling numbers about a full board. We'll be right back.
[44:22.680 --> 44:29.680]  Well, I'm glad you asked. Whenever you order anything from Amazon, you can help Logos with ordering your supplies or holiday gifts.
[44:29.680 --> 44:34.680]  First thing you do is clear your cookies. Now, go to www.logosregulatework.com.
[44:34.680 --> 44:43.680]  Click on the Amazon logo and bookmark it. Now, when you order anything from Amazon, you use that link and Logos gets a few pesos.
[44:43.680 --> 44:44.680]  Do I pay extra? No.
[44:44.680 --> 44:47.680]  Do you have to do anything different when I order? No.
[44:47.680 --> 44:49.680]  Can I use my Amazon pride? No.
[44:49.680 --> 44:56.680]  I mean, yes. Wow. Giving without doing anything or spending any money. This is perfect. Thank you so much.
[44:56.680 --> 44:58.680]  We are welcome.
[44:58.680 --> 45:20.680]  Happy Holidays, Logos!
[45:28.680 --> 45:34.680]  Our first dictionary was created by a licensed attorney with 22 years of case winning experience.
[45:34.680 --> 45:43.680]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[45:43.680 --> 45:52.680]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more.
[45:52.680 --> 46:01.680]  Please visit www.ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[46:01.680 --> 46:26.680]  Music playing.
[46:26.680 --> 46:46.680]  Music playing.
[46:46.680 --> 46:53.680]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio, and we're going to our callers.
[46:53.680 --> 46:59.680]  Diana in the 856 area code.
[46:59.680 --> 47:07.680]  What was that? New York or New Jersey? Hello, Diana.
[47:07.680 --> 47:19.680]  Ooh, if you are in the 856 area code, talk to me.
[47:19.680 --> 47:24.680]  Well, it seems like I may have put one of my listeners to sleep.
[47:24.680 --> 47:30.680]  That is a particular skill that I have.
[47:30.680 --> 47:37.680]  Diana, if you can hear me and we can hear you, try hanging up and calling back again.
[47:37.680 --> 47:40.680]  Your line may have just dropped.
[47:40.680 --> 47:50.680]  Okay, now we're going to go to Daniela215. Where was that? Ohio?
[47:50.680 --> 47:53.680]  Hello. Hi.
[47:53.680 --> 47:56.680]  Is Daniela a good name?
[47:56.680 --> 48:00.680]  Yeah, this is actually Madeline from the forum, from Telegram.
[48:00.680 --> 48:03.680]  Oh, Madeline, oh, can you see Madeline?
[48:03.680 --> 48:06.680]  My daughter, not too long ago. How are you?
[48:06.680 --> 48:09.680]  Brett, make sure you get her in the database.
[48:09.680 --> 48:13.680]  Okay, what do you have for us today?
[48:13.680 --> 48:22.680]  So, my husband and I are musicians and we had a contract with the Suggest Freelancers
[48:22.680 --> 48:30.680]  with an arts organization that we agreed to in June for some concerts
[48:30.680 --> 48:35.680]  and in early November, they wrote to us and said,
[48:35.680 --> 48:41.680]  okay, we want everyone's medical papers and I don't want to share my medical information with them.
[48:41.680 --> 48:43.680]  So, we wrote back and said we don't agree to this.
[48:43.680 --> 48:48.680]  And they even asked if you would agree and we wrote back, we don't agree.
[48:48.680 --> 48:53.680]  And they wrote, we've cancelled your contract for the whole season.
[48:53.680 --> 48:56.680]  Whoa, have you already signed a contract?
[48:56.680 --> 49:01.680]  Well, what we have, I've looked this up. We have emails going back and forth.
[49:01.680 --> 49:04.680]  That's enough. You have a verbal contract.
[49:04.680 --> 49:11.680]  Before the last major oil spill in Alaska, the one previous to that,
[49:11.680 --> 49:16.680]  I'm sorry, that's not what I want to go to, Getty Oil,
[49:16.680 --> 49:26.680]  Getty Oil received the largest award ever in history at the time
[49:26.680 --> 49:30.680]  and it was a verbal contract.
[49:30.680 --> 49:39.680]  If you have entered into an agreement, is there any kind of, in these emails,
[49:39.680 --> 49:52.680]  are there conditions, have they indicated conditions sufficient to establish a verbal contract?
[49:52.680 --> 50:01.680]  Yes, absolutely. And I also have, we have like over a decade of precedences accepting concerts in this way.
[50:01.680 --> 50:03.680]  Oh, perfect, perfect.
[50:03.680 --> 50:11.680]  So, they have entered into what would be called an unconscionable covenant.
[50:11.680 --> 50:25.680]  A covenant where they receive benefit, but you don't receive a corresponding benefit and a covenant to which you do not agree.
[50:25.680 --> 50:27.680]  Right, exactly.
[50:27.680 --> 50:32.680]  I'll shut up now.
[50:32.680 --> 50:41.680]  We've gone through kind of, basically I have a complaint ready to file, but I wanted to talk to both of you before we sent it. It's the first time.
[50:41.680 --> 50:48.680]  I mean, I've kind of followed my daughter's work in this area, but I've never filed a meeting yet.
[50:48.680 --> 50:53.680]  So, I know it's an official contract. We're most of the way through the jurisdictionary course.
[50:53.680 --> 50:57.680]  So, I have the elements.
[50:57.680 --> 51:06.680]  Okay, wait, wait. If you will send it to me, I will take great relish, you know, ripping it to shreds.
[51:06.680 --> 51:11.680]  But I've seen your work. You're not going to give me much fun.
[51:11.680 --> 51:17.680]  Okay, that's perfect. Okay, I can send you that. I guess I have a couple of questions.
[51:17.680 --> 51:28.680]  One is, I know Alphonse says that, you know, municipal regulations are something that, like, basically municipalities don't have any authority over us.
[51:28.680 --> 51:44.680]  The concert organization is saying that if they honored their contract or basically if they let us perform without us sharing, you know, them medical papers, then they would be in legal jeopardy with the city.
[51:44.680 --> 51:50.680]  Oh, wonderful. So, now you get to go after the city.
[51:50.680 --> 51:59.680]  Okay, so that's what I was wondering. Should I still do the breach of contract against the people who I signed a contract with? As far as I'm concerned, the city can have authority.
[51:59.680 --> 52:08.680]  Okay, here's the strategy. Yes, you sue them. But you also sue the city.
[52:08.680 --> 52:15.680]  And have you ever heard of something called a Mary Carter agreement? No, so what?
[52:15.680 --> 52:19.680]  A Mary Carter agreement. Okay.
[52:19.680 --> 52:28.680]  A Mary Carter agreement is where two parties, you sue two parties.
[52:28.680 --> 52:38.680]  And then you make an agreement with one of the parties to come on board with you to go after the first party.
[52:38.680 --> 52:47.680]  So you dropped your suit against the producer for the show.
[52:47.680 --> 53:00.680]  And on the agreement that you say to them, look, we have to name you. But we understand you are not the bad guy here. It's the city that's the bad guy.
[53:00.680 --> 53:16.680]  So if you will look at our claim against the city and file, come on board with our claim against the city because they're harming both of us, then we'll drop the claim against you.
[53:16.680 --> 53:19.680]  That's a Mary Carter agreement.
[53:19.680 --> 53:27.680]  Okay, they've made it clear that they want to do this. They put the legal jeopardy as a final note that basically they want to do this.
[53:27.680 --> 53:35.680]  And I'm going to suggest if they got a smart attorney, you tell them we have to name you to get to the city.
[53:35.680 --> 53:52.680]  We want to name you so that you now have a claim against the city. And we don't want to beat up the city. We just want to give the city a reason to say, okay, okay, in this case, we have to make these concessions.
[53:52.680 --> 54:08.680]  And you tell them in the process, both parties, you tell your producer and the city, you know, we don't want to prosecute the suit. We want to give you plausible deniability.
[54:08.680 --> 54:27.680]  We want to give the city a way to say, yeah, we're being pressed to do these things, but if we do these things, it's going to cost us all this litigation. So in this case, we're going to grant a variance and ask the city for a variance.
[54:27.680 --> 54:40.680]  And tell the city, if you will give us this variance, we'll drop all our claims against you. You have plausible deniability. You can say to the public or whoever's pressuring you to do this.
[54:40.680 --> 54:45.680]  We had to do it because we were getting beat up. Does that make sense?
[54:45.680 --> 54:52.680]  It does. I suspect that they've already gotten subs for us, so I don't know if we would be asking for a variance to be able to perform at this point.
[54:52.680 --> 54:59.680]  So, but yes, that's... Wait a minute. They've already replaced you?
[54:59.680 --> 55:04.680]  My guess is that they have because they... As soon as we said we didn't agree, they...
[55:04.680 --> 55:14.680]  Even if they have, even if they have, you can get them, almost certainly get them to reverse that.
[55:14.680 --> 55:16.680]  Okay.
[55:16.680 --> 55:24.680]  This is, you know, on this show, we show people how to beat up public officials, how to fight.
[55:24.680 --> 55:28.680]  But it's not always a good idea to fight.
[55:28.680 --> 55:39.680]  If you're on the Telegram group, you've got this guy recently who's went into somebody's house and took it over because some patriot mythology crackpot told him he could.
[55:39.680 --> 55:48.680]  Now he's got him coming after. And I'm struggling to get him to take a deal.
[55:48.680 --> 55:54.680]  Don't fight with these guys. And he's like, whoa, what about all my stuff they took they didn't get back?
[55:54.680 --> 56:02.680]  Get your priority straight. Your liberty is more important. Get that taken care of first.
[56:02.680 --> 56:07.680]  Then we look at all this other stuff. But go to these guys and make a deal with them.
[56:07.680 --> 56:09.680]  We have to...
[56:09.680 --> 56:16.680]  So we have to prepare a complaint for them, but also for the city. Would it have the same language?
[56:16.680 --> 56:25.680]  Yeah. Well, when you file the suit against the city, it doesn't have to be a damning suit.
[56:25.680 --> 56:36.680]  You're dirty rotten standards. No, no, no. You file the suit and in the suit, you indicate that you understand that the city is under political pressure.
[56:36.680 --> 56:50.680]  But the political pressure on you has caused financial pressures on us and contractual has interfered with the private contract between you and whoever this producer is.
[56:50.680 --> 56:52.680]  Right.
[56:52.680 --> 57:06.680]  But indicate that in the way you write your suit, you know, I don't like to have this fight, but these are legal steps we have to take. We would like to find a way to mitigate all of this.
[57:06.680 --> 57:16.680]  And you might file the suit and coupled with the filing of the suit, ask the court to order mediation.
[57:16.680 --> 57:28.680]  If you're pro se and you're going after these guys, they got lawyers on their side. And lawyers are embarrassed to negotiate with a pro se.
[57:28.680 --> 57:35.680]  You know, that sounds like it shouldn't be, but it is. I don't want us to do that low. Yeah.
[57:35.680 --> 57:44.680]  So you ask the court to order them to. And once the court orders them to, then they have plausible deniability.
[57:44.680 --> 57:49.680]  Okay. Now we can do this and not be embarrassed because the judge ordered us to do it.
[57:49.680 --> 57:58.680]  And if you looked at your comments, you actually you obviously have this finesse.
[57:58.680 --> 58:13.680]  You can talk to them in a way that that they will know you're not their adversary that you're trying to find a way so everybody can do the right thing and everybody come out looking good.
[58:13.680 --> 58:15.680]  Right. Okay.
[58:15.680 --> 58:26.680]  Hang on. We're about to go to our sponsors. Think about this on the break and when we come back, see if you can give us an idea of what you think you can do.
[58:26.680 --> 58:28.680]  Okay. Thank you.
[58:28.680 --> 58:45.680]  This is Randy Charlton, Brett Fountain. We live on radio. I'm not going to give out the call-in number. Plus we're going to run short of time here. But if you want to call in, call in tomorrow night. We'll have a four hour show. We'll have a lot more time to get to everyone.
[58:45.680 --> 58:50.680]  Okay. Hang on. We'll be right back.
[58:50.680 --> 58:58.680]  The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it.
[58:58.680 --> 59:06.680]  Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the scripture.
[59:06.680 --> 59:27.680]  Enter the recovery version. First, this new translation is extremely faithful and accurate, but the real story is the more than 9,000 explanatory footnotes. Difficult and profound passages are opened up in a marvelous way, providing an entrance into the riches of the word beyond which you've ever experienced before.
[59:27.680 --> 59:50.680]  Bibles for America would like to give you a free recovery version simply for the asking. This comprehensive yet compact study Bible is yours just by calling us toll-free at 1-888-551-0102, or by ordering online at freestudybible.com. That's freestudybible.com.
[59:50.680 --> 01:00:00.680]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:20.680 --> 01:00:42.680]  Bibles for America would like to give you a free recovery version simply for the asking.
[01:00:42.680 --> 01:01:00.680]  Today in History, the year 1916, the Preparedness Day bombing, a Thai suitcase bomb, was detonated on Market Street in San Francisco during the World War I Preparedness Day Parade, killing 10 and injuring 40.
[01:01:00.680 --> 01:01:24.680]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing HEPA into taxes law back in June, county prosecutors around the state, including Houston, Austin, and San Antonio, have been dropping marijuana possession charges and even refusing to file new ones, since they are stipulating that they do not have the time or the laboratory equipment to test the herb for THC.
[01:01:24.680 --> 01:01:33.680]  We, Margaret Moore, the Travis County District Attorney, announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[01:01:33.680 --> 01:01:51.680]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter that county district attorneys back on Thursday that marijuana has not been decriminalized in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as well as other cities, too, like the district attorney.
[01:01:51.680 --> 01:02:02.680]  In El Paso, Kaima Esparza, a Democrat who also stated earlier this month that the law, quote, will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:02.680 --> 01:02:13.680]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County, who stated that, quote, the law is constantly changing on what makes something illegal based on its chemical makeup.
[01:02:13.680 --> 01:02:22.680]  It's important that if someone is charged with something, the test matches what they're charged with.
[01:02:22.680 --> 01:02:27.680]  A paper by Tulane University identified a five and a half inch American pocket shark.
[01:02:27.680 --> 01:02:39.680]  As the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:39.680 --> 01:02:45.680]  According to the university paper, the shark secretes a luminous fluid from a gland near its front fins.
[01:02:45.680 --> 01:02:53.680]  For the purpose, it is hypothesized to lure and prey who may be drawn into the glow.
[01:02:53.680 --> 01:03:22.680]  This is Book Roadie with the lowdown for July 22, 2019.
[01:03:22.680 --> 01:03:44.680]  This is Book Roadie with the lowdown for July 22, 2019.
[01:03:44.680 --> 01:04:04.680]  This is Book Roadie with the lowdown for July 22, 2019.
[01:04:04.680 --> 01:04:19.680]  Okay, we are back. Randy Cowell and Brett Fountain with our radio on this the ninth day of December, 2021, and we're talking to Daniela in, I don't know, 251.
[01:04:19.680 --> 01:04:23.680]  That was New Jersey.
[01:04:23.680 --> 01:04:25.680]  Did I say that right? New Jersey?
[01:04:25.680 --> 01:04:29.680]  Where were you? No, it's Madeline. Where were you, Madeline?
[01:04:29.680 --> 01:04:31.680]  Madeline, Pennsylvania.
[01:04:31.680 --> 01:04:40.680]  Okay, you're on our screen as Daniela. We have to get you in the database.
[01:04:40.680 --> 01:04:44.680]  Okay. Yeah, that's been fixed. So the next time you call it, it'll be correct.
[01:04:44.680 --> 01:04:55.680]  Okay. Oh, Pennsylvania. Yeah, Pennsylvania, Pennsylvania. That changes things. Pennsylvania is a Commonwealth and it's a strange Commonwealth.
[01:04:55.680 --> 01:05:11.680]  Right now, to write my notes that I'm leaning on, I bought the Pennsylvania Rules of Civil Procedure. But when you talk about the code, what should I be looking at for Pennsylvania?
[01:05:11.680 --> 01:05:37.680]  Well, you have a criminal code, criminal procedure code. I think the criminal procedure code is Chapter 15 or is that North Carolina? I don't remember. They're all very similar, except that Pennsylvania, when you go to criminal, it has some peculiarities, which are unlike other states.
[01:05:37.680 --> 01:05:55.680]  But in your case, it's all civil. And you don't have to worry about any of the criminal codes. And being civil, it really is civil. These are civil human beings trying to find a solution to circumstances.
[01:05:55.680 --> 01:06:11.680]  In your case, you have three parties that are all being affected by outside influences, all being forced to do things they don't want to do.
[01:06:11.680 --> 01:06:28.680]  And I'm going to suggest that the city wants you to give them plausible deniability. I want to do what you want to do, but I got these guys behind me telling me to do something else.
[01:06:28.680 --> 01:06:53.680]  You need to give me something that I can wave in front of these guys and say, look, if you don't let me do this, they're going to kick our butts and cost us a whole lot of money. And if you can sue them but not seem like an adversary, does that make sense?
[01:06:53.680 --> 01:07:03.680]  When I put in the damages, I actually put them for a relatively small amount because I didn't want it to be a big burden for the arts organization. And I see that they're in a hard position.
[01:07:03.680 --> 01:07:11.680]  But it's a small enough amount that I'm not sure that that would make a big difference for the city. So do I raise that amount for the city?
[01:07:11.680 --> 01:07:17.680]  You can always raise the amount in an amended petition.
[01:07:17.680 --> 01:07:18.680]  Okay.
[01:07:18.680 --> 01:07:34.680]  So you follow the original petition and if you're, you craft it in a way so that you're indirectly indicating to them, I don't think you're the, I know you're not the bad guy, you're being forced to do this.
[01:07:34.680 --> 01:07:42.680]  Let's find a way forward through all the pressures that you have.
[01:07:42.680 --> 01:07:51.680]  And if they are recalcitrant, then you can always file an amended pleading and land on them like a ton of bricks.
[01:07:51.680 --> 01:07:52.680]  Okay.
[01:07:52.680 --> 01:08:03.680]  But you're not here to get money and to replace what you would get in the performance. You want to do the performance.
[01:08:03.680 --> 01:08:04.680]  Right.
[01:08:04.680 --> 01:08:22.680]  And I suspect the city wants it. And certainly your producer wants it. If you file it correctly, then you want to give both sides plausible deniability so they can go to whoever's putting pressure on them and saying, you know, look, we're being sued.
[01:08:22.680 --> 01:08:30.680]  Now we have to respond. But we should be able to fix this easily.
[01:08:30.680 --> 01:08:35.680]  If they don't, if they don't, you can always file an amended.
[01:08:35.680 --> 01:08:37.680]  Okay.
[01:08:37.680 --> 01:08:44.680]  And then if you do have to file the amended, then you have plausible deniability.
[01:08:44.680 --> 01:08:45.680]  Right.
[01:08:45.680 --> 01:08:55.680]  Hey guys, I've been over backwards to make this work. And you guys didn't. So now we fight. So don't get mad at me.
[01:08:55.680 --> 01:08:56.680]  Right.
[01:08:56.680 --> 01:09:07.680]  But I'm going to suggest that the city, you know, this is not the kind of fight the city wants to get into. And you may well be able to do this with a tort letter.
[01:09:07.680 --> 01:09:08.680]  I don't see.
[01:09:08.680 --> 01:09:22.680]  Surprise. We, we had some emails back and forth and they, they, they were absolute about it. Like they just, they clearly feel that they did the legal jeopardy, but they also feel they're doing the right thing. They think it's the right thing to do.
[01:09:22.680 --> 01:09:26.680]  The plan, the plan poker.
[01:09:26.680 --> 01:09:35.680]  Yes, possibly. But I think we'll, my impression was it has worked past the point of a tort letter that they wouldn't, I'm not sure that they would respond to that, but.
[01:09:35.680 --> 01:09:41.680]  Oh, no, tort letter is, is the first thing that makes what you're doing real.
[01:09:41.680 --> 01:09:42.680]  Okay.
[01:09:42.680 --> 01:10:00.680]  Everything else up to this point, nothing's real. But when you file a tort letter generally with a jurisdiction, like a city, you have to give them notice an opportunity to cure 60 days prior to filing a civil action.
[01:10:00.680 --> 01:10:07.680]  Oh, when you, when, when you send them a tort letter, you must send them a tort letter before you can sue them.
[01:10:07.680 --> 01:10:11.680]  Oh, that's a statutory requirement.
[01:10:11.680 --> 01:10:19.680]  In every state I've looked at, there's most of them are 60 days, some are 90 days, but most are 60.
[01:10:19.680 --> 01:10:24.680]  And when I send a tort letter, I write my lawsuit.
[01:10:24.680 --> 01:10:31.680]  And then instead of putting a court heading on the top, I put a business letter heading on the top.
[01:10:31.680 --> 01:10:40.680]  And I take, instead of prayer, I put opportunity to cure.
[01:10:40.680 --> 01:10:45.680]  And tells them, this is how I've been harmed. Make me whole to be sued.
[01:10:45.680 --> 01:10:49.680]  You send that to them. They're going to send it to legal.
[01:10:49.680 --> 01:10:56.680]  Legal is going to look at it and they're going to see everything they would see in a lawsuit.
[01:10:56.680 --> 01:11:01.680]  And they're going to tell their boss, this woman's not kidding.
[01:11:01.680 --> 01:11:05.680]  She's already written the lawsuit and right here it is.
[01:11:05.680 --> 01:11:17.680]  You might want to look at this and you write your tort letter so that when they look at it, you've written your claims,
[01:11:17.680 --> 01:11:26.680]  but you've also included what they should have done or what they could have done to prevent the claim.
[01:11:26.680 --> 01:11:33.680]  But since you haven't sued them yet, it's only a notice of claim.
[01:11:33.680 --> 01:11:37.680]  And they still have opportunity to cure.
[01:11:37.680 --> 01:11:43.680]  So by the time 60 days is over, most of the times your days are over.
[01:11:43.680 --> 01:11:44.680]  So I can...
[01:11:44.680 --> 01:11:46.680]  Oh, no, that's okay. That's okay.
[01:11:46.680 --> 01:11:47.680]  Okay.
[01:11:47.680 --> 01:11:55.680]  Because that tells them, if you don't get this done in time, we're going to sue the crap out of you.
[01:11:55.680 --> 01:11:56.680]  Right.
[01:11:56.680 --> 01:12:07.680]  So they haven't been sued yet, but they have the suit that they're going to get if they screw this up.
[01:12:07.680 --> 01:12:08.680]  Right.
[01:12:08.680 --> 01:12:10.680]  And they have opportunity to cure.
[01:12:10.680 --> 01:12:25.680]  It's probably the best shot you can get, especially if you take what they're claiming they need to do and show why they don't need to do it.
[01:12:25.680 --> 01:12:28.680]  Variance. I'm thinking variance.
[01:12:28.680 --> 01:12:38.680]  What leeway would a city have to do, what would have if they were required to do a certain thing?
[01:12:38.680 --> 01:12:41.680]  What are they required to do?
[01:12:41.680 --> 01:12:49.680]  And what law is there in place that mitigates what they're required to do?
[01:12:49.680 --> 01:12:55.680]  So I've been thinking a lot about, like, and looking a lot about delegations.
[01:12:55.680 --> 01:13:04.680]  So we're basically looking at the Pennsylvania legislature delegates something to the municipalities.
[01:13:04.680 --> 01:13:13.680]  And then municipalities are basically delegating their health policy to private companies and to non-profits, which...
[01:13:13.680 --> 01:13:14.680]  Okay, hold on.
[01:13:14.680 --> 01:13:18.680]  That brings in something else.
[01:13:18.680 --> 01:13:33.680]  Is the city acting in furtherance of legislative action or are they acting in furtherance of executive order?
[01:13:33.680 --> 01:13:38.680]  It seems to really just be a municipal regulation at this point.
[01:13:38.680 --> 01:13:42.680]  There were some Pennsylvania things earlier in the pandemic at this point.
[01:13:42.680 --> 01:13:45.680]  They seem to have come up with some guidelines.
[01:13:45.680 --> 01:13:48.680]  Okay, got a story for you.
[01:13:48.680 --> 01:13:54.680]  Had a client, had an auto repair shop, had some cars there waiting for parts.
[01:13:54.680 --> 01:13:59.680]  The city was upset at him for something else.
[01:13:59.680 --> 01:14:02.680]  Sighted him for junk vehicles.
[01:14:02.680 --> 01:14:04.680]  He said they're not junk vehicles.
[01:14:04.680 --> 01:14:07.680]  The cars that are waiting for repair.
[01:14:07.680 --> 01:14:08.680]  He's a mechanic.
[01:14:08.680 --> 01:14:10.680]  That's the way things go.
[01:14:10.680 --> 01:14:26.680]  He went to the court and the prosecutor said, well, he said, well, I'd like a hearing to determine whether or not these vehicles fit the definition of junk vehicles.
[01:14:26.680 --> 01:14:29.680]  And she said, well, sure, we can do that.
[01:14:29.680 --> 01:14:33.680]  Actually, she asked him if he would like a hearing to make this determination.
[01:14:33.680 --> 01:14:48.680]  He said, sure, so they set up the hearing, but instead of having a hearing to determine if they were junk vehicles, they had a trial and find him $8,000.
[01:14:48.680 --> 01:14:51.680]  No, find him $80,000.
[01:14:51.680 --> 01:14:54.680]  Eight vehicles, $1,000 a day.
[01:14:54.680 --> 01:15:01.680]  So we filed a petition for rid of mandamus.
[01:15:01.680 --> 01:15:10.680]  In Texas, 12% of the risks of mandamus filed with the Court of Appeals are accepted.
[01:15:10.680 --> 01:15:14.680]  2% are ruled in favor of the filer.
[01:15:14.680 --> 01:15:20.680]  We filed pro se and they ruled in his favor.
[01:15:20.680 --> 01:15:23.680]  This is what we argued.
[01:15:23.680 --> 01:15:28.680]  Ordinances written by a municipality are not laws.
[01:15:28.680 --> 01:15:41.680]  The legislature is authorized to write law and they're authorized to create courts, but they're not authorized to delegate their authority to write law.
[01:15:41.680 --> 01:15:49.680]  They have allowed municipalities and counties to write ordinances.
[01:15:49.680 --> 01:16:07.680]  But those ordinances cannot apply to citizens. They can only apply to an employee of the county or municipality or someone in contractual privity that who has agreed to abide by the ordinances.
[01:16:07.680 --> 01:16:22.680]  If they apply the ordinances to the cities, to the citizen, then they act as law and the municipality cannot write law and the legislature cannot delegate the power to write law to the municipality.
[01:16:22.680 --> 01:16:32.680]  Well, the court got that and they dismissed the case of lack of subject matter jurisdiction on a totally different issue that we didn't argue.
[01:16:32.680 --> 01:16:42.680]  Some requirement that they hold a special board meeting and have to vote on whether or not they can have this particular kind of hearing.
[01:16:42.680 --> 01:16:47.680]  I said, what the heck is that crap old law? Where'd they get that?
[01:16:47.680 --> 01:16:53.680]  They did that so they didn't have to address the constitutional issue.
[01:16:53.680 --> 01:17:00.680]  It was an end around. I'll explain that a little further when we come back. Randy Calton, Brett Fountain, Rubon Radio.
[01:17:00.680 --> 01:17:05.680]  Logos Radio Network welcomes a new show to our lineup for the new year.
[01:17:05.680 --> 01:17:11.680]  Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. Central Time.
[01:17:11.680 --> 01:17:14.680]  Our goal is in accord with Matthew 5.16.
[01:17:14.680 --> 01:17:21.680]  Let your light so shine before men that they may see your good works and glorify your Father which is in heaven.
[01:17:21.680 --> 01:17:26.680]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[01:17:26.680 --> 01:17:34.680]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed to provoke unto love and good works.
[01:17:34.680 --> 01:17:40.680]  Our verse by verse Bible studies will begin in the book of Matthew where we will discuss one chapter per week.
[01:17:40.680 --> 01:17:47.680]  Our topical Bible studies will vary each week and will explore sound doctrine as well as Christian character development.
[01:17:47.680 --> 01:18:00.680]  So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. starting January 8th for an inspiring and motivating discussion of the Scriptures.
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[01:19:25.680 --> 01:19:41.680]  Well, you ain't gonna fool me with that same old trick again. I was blindsided, but now I can see your hands.
[01:19:41.680 --> 01:19:53.680]  You put the fear in my pockets, took the money from my hands. Ain't gonna fool me with that same old trick again.
[01:19:53.680 --> 01:20:00.680]  Okay, we are back. Randy Kelton, Brett Fountain, Rue LaRaeo, and we're talking to Madeleine in Pennsylvania.
[01:20:00.680 --> 01:20:07.680]  And I hope this is something I can't do on the Telegram channel.
[01:20:07.680 --> 01:20:17.680]  But, you know, mostly we talk to people who are here to fight. And fighting's not always the best strategy.
[01:20:17.680 --> 01:20:25.680]  And what I was talking about when we went out, you make a constitutional claim.
[01:20:25.680 --> 01:20:37.680]  What the Court of Criminal Appeals did in Texas is they looked at this and said, holy crap, if this guy gets this ruling,
[01:20:37.680 --> 01:20:46.680]  then all of your municipal ordinances and all of the county ordinances are trash.
[01:20:46.680 --> 01:20:58.680]  We can't let this get to the courts. So they come up with this other reason to give us what we asked for.
[01:20:58.680 --> 01:21:07.680]  If they grant us what we asked for for a reason other than we asked for it, we can't appeal.
[01:21:07.680 --> 01:21:18.680]  Now, the other side can appeal the reason they dismissed it. But that appeal goes to the reason they dismissed it and not our constitutional challenge.
[01:21:18.680 --> 01:21:28.680]  They made our constitutional challenge moot. So you bring this argument. I'll send you the pleading.
[01:21:28.680 --> 01:21:39.680]  You make this argument and then give them a way to rule, you know, never back a bulldog into a corner unless you give them a way out.
[01:21:39.680 --> 01:21:51.680]  Give them a way to rule and you're a favor that does not address the constitutional issue so that they can bypass the constitutional issue.
[01:21:51.680 --> 01:21:53.680]  Okay.
[01:21:53.680 --> 01:21:55.680]  Does that make sense?
[01:21:55.680 --> 01:22:01.680]  It does. I mean, yeah, I was actually wondering whether even the fact that they said legal jeopardy, there's not a law that they're talking about.
[01:22:01.680 --> 01:22:06.680]  I mean, I think everyone thinks that a mandate is a law or a regulation is a law.
[01:22:06.680 --> 01:22:12.680]  Okay. Have you read my criminal complaint against Governor of Texas?
[01:22:12.680 --> 01:22:18.680]  I think I did when I first sat on the Telegram Channel. But at that point, I didn't know what I was reading. So I should probably look again.
[01:22:18.680 --> 01:22:38.680]  Look at it again where primarily I address the fact that the executive that the director, the executive branch, the governor has power to issue an executive order that affects those people under his authority.
[01:22:38.680 --> 01:22:51.680]  And the people under his authority are the agencies and employees of the agencies that are part of the executive branch of government.
[01:22:51.680 --> 01:23:02.680]  The governor cannot say a damn thing to you. The president can't say a darn thing to you. He can only talk to the executive branch.
[01:23:02.680 --> 01:23:03.680]  Right.
[01:23:03.680 --> 01:23:17.680]  So any executive order that purports to in any way interfere with you is void because he has no power to do that.
[01:23:17.680 --> 01:23:21.680]  Read that again. And don't pay attention to all those criminal complaints.
[01:23:21.680 --> 01:23:24.680]  You know, 90% of it is I'm filing ugly looking criminal complaints.
[01:23:24.680 --> 01:23:38.680]  The first part I talk about the limitations of the executive branch and the fear that our founders had of the executive doing exactly what the governor was doing.
[01:23:38.680 --> 01:23:39.680]  Right.
[01:23:39.680 --> 01:23:58.680]  The thing our founders feared the most was the president. They had to have one, but he was the one person who could attempt to usurp the other branches and take over the government.
[01:23:58.680 --> 01:24:14.680]  So they put all sorts of restrictions in place to prevent that from happening. The prohibition on the, what do you call it, separation of powers.
[01:24:14.680 --> 01:24:26.680]  That was put on for one reason, to prevent the governor from doing exactly what they did.
[01:24:26.680 --> 01:24:34.680]  It wasn't for the judiciary. It wasn't for the legislature. It was for the executive.
[01:24:34.680 --> 01:24:40.680]  So you argue that they are not going to want that to get in front of the extreme.
[01:24:40.680 --> 01:24:57.680]  Someone sent me an opinion from the Kentucky Supreme Court and they quoted my criminal complaint in their opinion. That opinion worked.
[01:24:57.680 --> 01:25:12.680]  I got a document from Supreme in Illinois who quoted different parts of it. You know, early in my complaint, I referenced the Magna Carta Libertatum.
[01:25:12.680 --> 01:25:15.680]  I've never seen that referenced anywhere before.
[01:25:15.680 --> 01:25:18.680]  Yeah, that's what we need.
[01:25:18.680 --> 01:25:34.680]  When I read the opinion by the Kentucky Supreme, first paragraph they addressed the Magna Carta Libertatum. The argument in there works.
[01:25:34.680 --> 01:25:42.680]  Pennsylvania probably hasn't had to deal with it yet. You may be the one to change that.
[01:25:42.680 --> 01:25:58.680]  It's amazing because it's not just that there are city regulations, municipal regulations which are not law, but there regulations are putting enforcement on private companies, which I guess is happening at the federal level too.
[01:25:58.680 --> 01:26:03.680]  That's a conspiracy to deny you a due process.
[01:26:03.680 --> 01:26:05.680]  Right.
[01:26:05.680 --> 01:26:15.680]  And that's the argument I made against the governor. You don't get to use a third party to deny me and my rights.
[01:26:15.680 --> 01:26:22.680]  If you work with a third party for the purpose of denying me and my rights, that's a conspiracy to commit.
[01:26:22.680 --> 01:26:24.680]  Right.
[01:26:24.680 --> 01:26:37.680]  So look at that complaint again. Don't pay attention to all the criminal accusations. This is the first part where I talk about the power of the executive.
[01:26:37.680 --> 01:26:57.680]  And if the executive attempts to abuse his power and force a third party, it's like I take a guy and I kidnap his wife and I put a gun to her head and say, you're going to rob that place where I'll shoot your wife.
[01:26:57.680 --> 01:27:01.680]  That's what the governors are doing.
[01:27:01.680 --> 01:27:04.680]  Same thing.
[01:27:04.680 --> 01:27:16.680]  Yeah, and I think Pennsylvania, there was a referendum so that the governor couldn't keep his state of emergency, so at this point it's not even coming through the state.
[01:27:16.680 --> 01:27:19.680]  It's coming just from the municipality.
[01:27:19.680 --> 01:27:30.680]  You may be able to act as the conduit that destabilizes and dismantles all of this through this municipality.
[01:27:30.680 --> 01:27:48.680]  If they're purporting to be enforcing the executive orders of the governor, they have just thrown the governor under the bus for you.
[01:27:48.680 --> 01:27:51.680]  Go straight for the governor.
[01:27:51.680 --> 01:27:57.680]  I don't even think he's got executive orders on this anymore. I think it's just coming from the municipality, but I'd have to look it up.
[01:27:57.680 --> 01:28:00.680]  That's okay. You choose the governor anyway.
[01:28:00.680 --> 01:28:01.680]  Okay.
[01:28:01.680 --> 01:28:04.680]  Let him look it up.
[01:28:04.680 --> 01:28:06.680]  Okay.
[01:28:06.680 --> 01:28:09.680]  He's got people to do that for him.
[01:28:09.680 --> 01:28:11.680]  What's that?
[01:28:11.680 --> 01:28:16.680]  Say, he's got people to do that for him. They can go look it up.
[01:28:16.680 --> 01:28:20.680]  Get the governor to throw the city under the bus for you.
[01:28:20.680 --> 01:28:22.680]  Okay.
[01:28:22.680 --> 01:28:29.680]  So this is all politics. You're not going to win the case simply because you have the law and the facts on your side.
[01:28:29.680 --> 01:28:37.680]  You're going to win the case if you have the politics on your side and law, politics is local.
[01:28:37.680 --> 01:28:44.680]  You sick the governor on the city saying, what in the hell are you doing? Get me sued.
[01:28:44.680 --> 01:28:45.680]  Okay.
[01:28:45.680 --> 01:28:48.680]  You may bring the city to the table.
[01:28:48.680 --> 01:28:52.680]  Probably. How much time do you have?
[01:28:52.680 --> 01:28:54.680]  To work on this?
[01:28:54.680 --> 01:28:58.680]  No, to get before this concert is supposed to occur.
[01:28:58.680 --> 01:29:04.680]  The first concert is May, December. They're not that long at this point.
[01:29:04.680 --> 01:29:07.680]  May to December? You got time.
[01:29:07.680 --> 01:29:22.680]  Okay. I mean, I've got most of the complaint written. So I'll put it in the form of a short letter. I'll read your suit against Governor Abbott and then I'll send you what I have.
[01:29:22.680 --> 01:29:24.680]  Okay. Good. Good.
[01:29:24.680 --> 01:29:29.680]  And I will take great pleasure in just ripping it to shreds.
[01:29:29.680 --> 01:29:30.680]  Okay.
[01:29:30.680 --> 01:29:32.680]  You can borrow your red pad all over it.
[01:29:32.680 --> 01:29:33.680]  Okay.
[01:29:33.680 --> 01:29:37.680]  Okay. Thank you very much, Madeline.
[01:29:37.680 --> 01:29:39.680]  Absolutely. Thanks.
[01:29:39.680 --> 01:29:49.680]  Okay. And now we're going to go to wireless in California, 614 area code.
[01:29:49.680 --> 01:29:50.680]  What is that?
[01:29:50.680 --> 01:29:53.680]  I've got five seconds.
[01:29:53.680 --> 01:29:54.680]  That's good.
[01:29:54.680 --> 01:30:00.680]  That's Iowa. Okay. Hang on. We'll pick you up on the other side. We'll be right back.
[01:30:00.680 --> 01:30:10.680]  Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps on growing.
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[01:30:49.680 --> 01:30:56.680]  So you might think that multitasking proves you're smart, but think again, all that stress might be eating your brain.
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[01:34:28.680 --> 01:34:30.680]  Sofie, okay.
[01:34:30.680 --> 01:34:33.680]  Man, you don't sound like a Sofie.
[01:34:33.680 --> 01:34:35.680]  You sound like a...
[01:34:35.680 --> 01:34:37.680]  Bud.
[01:34:37.680 --> 01:34:39.680]  A Bubba.
[01:34:39.680 --> 01:34:43.680]  Okay, much.
[01:34:43.680 --> 01:34:47.680]  Okay, what do you have for us today?
[01:34:47.680 --> 01:35:02.680]  Okay, so the question... So, my wife and I were using the legs to place some political stickers on public property at a public library.
[01:35:02.680 --> 01:35:07.680]  Oh, wait, wait, wait, hold on. You sound kind of muffled.
[01:35:07.680 --> 01:35:09.680]  Yeah, I'm hearing the same thing.
[01:35:09.680 --> 01:35:11.680]  Is this better?
[01:35:11.680 --> 01:35:12.680]  Yes.
[01:35:12.680 --> 01:35:13.680]  Better?
[01:35:13.680 --> 01:35:14.680]  Okay, yeah, that's better.
[01:35:14.680 --> 01:35:15.680]  Okay.
[01:35:15.680 --> 01:35:19.680]  I was going to ask, do you have your head in a toilet?
[01:35:19.680 --> 01:35:21.680]  I hope not.
[01:35:21.680 --> 01:35:25.680]  Okay, go ahead.
[01:35:25.680 --> 01:35:29.680]  Hey, there is no free rides around here.
[01:35:29.680 --> 01:35:41.680]  We're charged, and so we ask for ADA combination support, and apparently the county does not have any ADA structure.
[01:35:41.680 --> 01:35:45.680]  Okay, wait, wait, wait, hold on. Step back.
[01:35:45.680 --> 01:35:49.680]  What were the circumstances of the charge?
[01:35:49.680 --> 01:35:59.680]  We were accused of placing stickers on a dropbox at a library, anti-pandemic sticker.
[01:35:59.680 --> 01:36:01.680]  Okay, is that a crime?
[01:36:01.680 --> 01:36:06.680]  Yeah, what was the charge?
[01:36:06.680 --> 01:36:17.680]  Well, that's what's interesting about the whole thing. The person who found it claimed that when she pulled it off and walked away and then the...
[01:36:17.680 --> 01:36:26.680]  Well, we're kind of well known around here for resisting, so when the police heard it was... It might be us, they became very interested.
[01:36:26.680 --> 01:36:33.680]  Wait a minute, wait a minute, hold on. That didn't make sense. Somebody pulled your sticker off?
[01:36:33.680 --> 01:36:34.680]  Yeah.
[01:36:34.680 --> 01:36:37.680]  Did the sticker cause any damage?
[01:36:37.680 --> 01:36:38.680]  No.
[01:36:38.680 --> 01:36:45.680]  Was there any physical contact with anyone over this pulling the sticker off thing?
[01:36:45.680 --> 01:36:47.680]  No.
[01:36:47.680 --> 01:36:52.680]  I can't see where there's a crime. Would they accuse somebody of doing?
[01:36:52.680 --> 01:37:03.680]  Like, putting stickers on stuff is not a crime. What would they call that? Would they say you're trespassing because you're not supposed to be there?
[01:37:03.680 --> 01:37:05.680]  I mean...
[01:37:05.680 --> 01:37:10.680]  Yeah, trespass and mischief.
[01:37:10.680 --> 01:37:19.680]  Have you read... In what state? Oh, Ohio. What does the statute for criminal mischief say?
[01:37:19.680 --> 01:37:27.680]  There has to be damage, you know, destruction, tampering, all of those things.
[01:37:27.680 --> 01:37:38.680]  Okay, this is real important. This is where you tear them apart. What precisely did it do? Have you read the statute?
[01:37:38.680 --> 01:37:40.680]  We have, yes.
[01:37:40.680 --> 01:37:45.680]  Okay, what does the statute say? Do you have it in front of you?
[01:37:45.680 --> 01:37:50.680]  I don't know. I think I see one.
[01:37:50.680 --> 01:38:14.680]  We have a complaint here. Yeah, without privilege to do so, no person shall, without privilege to do so, knowingly, remove, deface, damage, destroy, or otherwise, and properly tamper with, either the following, the property of another, to it, place stickers on a dropbox belonging to a library.
[01:38:14.680 --> 01:38:17.680]  Was it a public library?
[01:38:17.680 --> 01:38:27.680]  Um, it's privately owned, so it's not, like, a public entity, like the sheriff, or the like that.
[01:38:27.680 --> 01:38:38.680]  Did the... Were the stickers of a nature such that they could be readily pulled off without harming what was below it?
[01:38:38.680 --> 01:38:44.680]  It was, according to the testimony of the library director.
[01:38:44.680 --> 01:38:48.680]  I mean, no, what, according to, was it yes or no?
[01:38:48.680 --> 01:38:50.680]  Yes.
[01:38:50.680 --> 01:38:53.680]  Yes, so they could, they could just pull them off.
[01:38:53.680 --> 01:38:55.680]  Yeah.
[01:38:55.680 --> 01:38:58.680]  This sounds like a slapsuit.
[01:38:58.680 --> 01:39:01.680]  It was like they got no crime, they're just...
[01:39:01.680 --> 01:39:05.680]  No, this sounds like a slapsuit.
[01:39:05.680 --> 01:39:11.680]  This is a action to interfere with your first amendment, right?
[01:39:11.680 --> 01:39:16.680]  Yes.
[01:39:16.680 --> 01:39:20.680]  You need to find a really good thing to bring against them.
[01:39:20.680 --> 01:39:28.680]  So I'm almost certain that they've charged you with a, was it a classy misdemeanor or infraction?
[01:39:28.680 --> 01:39:29.680]  What is a misdemeanor?
[01:39:29.680 --> 01:39:31.680]  Yes, they're misdemeanors.
[01:39:31.680 --> 01:39:32.680]  Okay.
[01:39:32.680 --> 01:39:34.680]  Two in a class three.
[01:39:34.680 --> 01:39:40.680]  Did they take you to a magistrate for a determination of probable cause?
[01:39:40.680 --> 01:39:47.680]  We had to show up two weeks later and a magistrate asked us for a plea.
[01:39:47.680 --> 01:39:50.680]  We said we would want more time, didn't want a plea then.
[01:39:50.680 --> 01:39:51.680]  Okay, hold on.
[01:39:51.680 --> 01:39:53.680]  That is not an exam.
[01:39:53.680 --> 01:39:56.680]  That is not a preliminary hearing.
[01:39:56.680 --> 01:40:03.680]  What does the code in Ohio say about preliminary hearing?
[01:40:03.680 --> 01:40:09.680]  I don't know.
[01:40:09.680 --> 01:40:19.680]  This computer does not spell oil.
[01:40:19.680 --> 01:40:22.680]  Okay, what's happening on the keyboard?
[01:40:22.680 --> 01:40:29.680]  Okay, this says a preliminary hearing in Ohio was used by felony criminal complainers filed.
[01:40:29.680 --> 01:40:32.680]  This thought hearing is usually held in the county.
[01:40:32.680 --> 01:40:41.680]  Horse manure, they say the same thing in Texas, but Gershine Pugh in the federal law says
[01:40:41.680 --> 01:40:47.680]  any criminal complaint, you have a right to a preliminary hearing, a determination of probable cause.
[01:40:47.680 --> 01:40:53.680]  What they tried to do to you is called an arrangement.
[01:40:53.680 --> 01:41:01.680]  An arrangement is a hearing for the purpose of determining the identity of the accused and taking a plea.
[01:41:01.680 --> 01:41:05.680]  Gershine Pugh is a federal case.
[01:41:05.680 --> 01:41:19.680]  It's a seminal case that says you have a right to a determination by an independent, unbiased magistrate.
[01:41:19.680 --> 01:41:28.680]  And this is saying, like Texas does, that you only have a right to a preliminary hearing in the matter of a felony.
[01:41:28.680 --> 01:41:34.680]  And I'm going to suggest that that is not the case.
[01:41:34.680 --> 01:41:43.680]  Look at the law in Ohio concerning preliminary hearings.
[01:41:43.680 --> 01:41:48.680]  I did a search, but I didn't come up with the statutes.
[01:41:48.680 --> 01:41:52.680]  Rule five, initial appearance.
[01:41:52.680 --> 01:41:58.680]  Okay, a procedure upon initial appearance.
[01:41:58.680 --> 01:42:11.680]  When a defendant first appears before a judge or magistrate, a judge or magistrate shall permit the accused or the accused counsel to read the complaint or a copy thereof and shall inform the defendant of the nature of the charge against him.
[01:42:11.680 --> 01:42:14.680]  The defendant has a right to counsel.
[01:42:14.680 --> 01:42:20.680]  The defendant need make no statement, blah, blah, blah.
[01:42:20.680 --> 01:42:30.680]  In felony cases, the defendant shall not be called upon to plead either at the initial appearance or at the preliminary hearing.
[01:42:30.680 --> 01:42:38.680]  Oh, this says initial appearance, so, okay, it's got initial appearance and preliminary hearing.
[01:42:38.680 --> 01:42:45.680]  Rule five, initial appearance, comma, preliminary hearing.
[01:42:45.680 --> 01:42:54.680]  But as we move down at, it separates initial appearance and preliminary hearing.
[01:42:54.680 --> 01:42:59.680]  I think I need to bring Olivier on.
[01:42:59.680 --> 01:43:03.680]  Olivier, are you there?
[01:43:03.680 --> 01:43:05.680]  Okay, I'm going to try it again.
[01:43:05.680 --> 01:43:06.680]  Hello?
[01:43:06.680 --> 01:43:08.680]  Okay, are you there?
[01:43:08.680 --> 01:43:09.680]  Yes.
[01:43:09.680 --> 01:43:16.680]  Okay, I want you to listen to this. We're talking about an Ohio statute, preliminary hearing.
[01:43:16.680 --> 01:43:28.680]  You know, we're not going to get to your issue tonight. We're going to run out of time, but you're going to take more time. Will you call in tomorrow so we can hear how much fun you're having?
[01:43:28.680 --> 01:43:30.680]  Okay, yes.
[01:43:30.680 --> 01:43:38.680]  Okay, I want you to talk to me about void for vagueness. That's why I brought you here.
[01:43:38.680 --> 01:43:45.680]  Okay, it says, rule five, initial appearance, comma, preliminary hearing.
[01:43:45.680 --> 01:43:55.680]  Procedure upon initial appearance, when a defendant first appears before Judge your magistrate, the Judge your magistrate shall permit the accused to the accused's counsel.
[01:43:55.680 --> 01:43:56.680]  I know.
[01:43:56.680 --> 01:44:00.680]  I believe he's trying to help you to not go over the cliff.
[01:44:00.680 --> 01:44:05.680]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[01:44:05.680 --> 01:44:09.680]  Stop debt collectors now with the Michael Meares proven method.
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[01:44:49.680 --> 01:45:00.680]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors next.
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[01:46:22.680 --> 01:46:31.680]  Some things in this world I will never understand. Some things I realize fully.
[01:46:31.680 --> 01:46:39.680]  Somebody's on the police, that police man. Somebody's on the police, the police.
[01:46:39.680 --> 01:46:49.680]  There's always room at the top of the hill. I hear things of great mind and it's lonely left to.
[01:46:49.680 --> 01:46:56.680]  They're wishing it with more than opposition and fail. They know that if they don't do it, somebody will fail.
[01:46:56.680 --> 01:47:04.680]  Okay, we're talking to Sophie.
[01:47:04.680 --> 01:47:06.680]  Hi, I'm Sophie.
[01:47:06.680 --> 01:47:09.680]  And I'm Olivier in Tennessee.
[01:47:09.680 --> 01:47:27.680]  Okay, Olivier, listen carefully. I'm reading this statute and if ever there was a statute that was ripe for void for vagueness, this appears to be it.
[01:47:27.680 --> 01:47:43.680]  It says, let me go real quickly through it. The procedure upon initial appearance when a defendant first appears before a judge or magistrate, the judge or magistrate shall permit the accused or the accused counsel to read the complaint of copy thereof and shall inform the defendant.
[01:47:43.680 --> 01:48:02.680]  Of the nature of the charge against the defendant, the defendant has right to counsel and the right to reasonable continuance in the proceedings to secure counsel and pursuant to criminal rule 44, the right to have counsel assigned without cost if the defendant is unable to employ counsel.
[01:48:02.680 --> 01:48:12.680]  Of the right to a preliminary hearing and a felony case when the defendant's initial appearance is not pursuant to an indictment.
[01:48:12.680 --> 01:48:26.680]  Of the right, where appropriate, to a jury trial and necessity to make demand thereof in a petty offense cases. Does that make sense to you, Olivier?
[01:48:26.680 --> 01:48:28.680]  No.
[01:48:28.680 --> 01:48:41.680]  Me neither. In addition, if the defendant has not been admitted to bail for a bailable offense, the judge or magistrate shall admit the defendant to bail provided in these rules.
[01:48:41.680 --> 01:49:00.680]  In felony cases, defendant shall not be called upon to plead either at the initial appearance or the preliminary hearing. In misdemeanor cases, the defendant may be called upon to plead at the initial appearance.
[01:49:00.680 --> 01:49:15.680]  Where the defendant enters a plea, the procedure established in criminal rule 10 and criminal rule 11 applies. Do you have any idea what the hell that means, Olivier?
[01:49:15.680 --> 01:49:38.680]  No, you kind of sort of. But then again, I don't think you can use the word for vagueness on it because it's not causing you to lose a right or there's not no criminal threat to you.
[01:49:38.680 --> 01:49:44.680]  Okay. Have you looked at Gerstein-Pew?
[01:49:44.680 --> 01:49:47.680]  Yeah, I've seen Gerstein-Pew.
[01:49:47.680 --> 01:49:49.680]  I read it.
[01:49:49.680 --> 01:50:00.680]  Did Gerstein-Pew make a differentiation between felonies and misdemeanors?
[01:50:00.680 --> 01:50:02.680]  No.
[01:50:02.680 --> 01:50:18.680]  Exactly. This is only a preliminary hearing in a felony. Gerstein-Pew did not make that distinction. Gerstein-Pew is the seminal case on preliminary hearings.
[01:50:18.680 --> 01:50:40.680]  And it is consistent with the other states in that in all of the states, you have a right to a preliminary hearing anytime a policeman or anyone makes a claim against you and you're arrested.
[01:50:40.680 --> 01:50:55.680]  This goes back to the Magna Carta Libertatum. 1215 AD, if a policeman arrests someone for any reason, it's to take them to a magistrate.
[01:50:55.680 --> 01:51:01.680]  Doesn't say for a misdemeanor or a felony. Any reason.
[01:51:01.680 --> 01:51:06.680]  We were served. You were not arrested.
[01:51:06.680 --> 01:51:15.680]  It doesn't matter. You were bound to the court. You were technically arrested and released on your own recognizance.
[01:51:15.680 --> 01:51:17.680]  Okay.
[01:51:17.680 --> 01:51:22.680]  You had a right to a preliminary hearing.
[01:51:22.680 --> 01:51:35.680]  Okay. Anytime you have any of these claims, this is so BS. You put a sticker on a dropbox. Are you kidding me?
[01:51:35.680 --> 01:51:42.680]  That is, what's the jury going to say about that? Are you kidding me?
[01:51:42.680 --> 01:51:59.680]  We weren't able to participate because my wife and I both had disabilities and we were trying to get ADA accommodations.
[01:51:59.680 --> 01:52:01.680]  Oh my goodness.
[01:52:01.680 --> 01:52:05.680]  Wow.
[01:52:05.680 --> 01:52:15.680]  Have you filed federal criminal complaints against them with the special agent in charge of the local FBI?
[01:52:15.680 --> 01:52:20.680]  No, not the FBI. Just the district court here in Columbus.
[01:52:20.680 --> 01:52:34.680]  So, you got so much stuff you can beat them up with. You can get them to where they will not touch you with a 10-foot pole.
[01:52:34.680 --> 01:52:41.680]  I will do that because it makes me mad. I'm a retired Army officer and I can navigate things pretty well.
[01:52:41.680 --> 01:52:45.680]  If one of my soldiers were ever to have this happen to them, they would have been completely railroaded.
[01:52:45.680 --> 01:52:48.680]  It was bad enough for my wife and I.
[01:52:48.680 --> 01:52:59.680]  Okay. That's good that you're military. You'll understand when we speak to the details of the code.
[01:52:59.680 --> 01:53:04.680]  The code must be specifically, sufficiently detailed.
[01:53:04.680 --> 01:53:10.680]  Olivier, will you explain that to them, void for vagueness?
[01:53:10.680 --> 01:53:28.680]  Well, a criminal from the information that I read, the criminal statute has to specify in a language that a common intelligent people can understand.
[01:53:28.680 --> 01:53:48.680]  It has to tell you what is forbidding, how is being forbidden, and it has to also tell the officers how to regulate that regulation that they are trying to regulate upon the people.
[01:53:48.680 --> 01:54:17.680]  Okay. Hold on a second, Olivier. If two people can read this statute and come to different conclusions, if two people of two reasonable people of ordinary burdens can read this statute and come to different opinions, void for vagueness.
[01:54:17.680 --> 01:54:33.680]  Okay. For him going here is, if you make a claim that the statute is constitutionally void for vagueness.
[01:54:33.680 --> 01:54:39.680]  Wait a minute. I have a problem. You've already had the hearing?
[01:54:39.680 --> 01:54:44.680]  Right. Yeah. The trial is over with.
[01:54:44.680 --> 01:54:49.680]  How long ago? Nice question.
[01:54:49.680 --> 01:54:53.680]  The trial was at the end of July.
[01:54:53.680 --> 01:54:56.680]  Did you file a notice of appeal?
[01:54:56.680 --> 01:55:04.680]  We did, yes. The court seems to be having trouble getting the transcript.
[01:55:04.680 --> 01:55:08.680]  Oh, okay. Good. So you're still in the ballgame.
[01:55:08.680 --> 01:55:17.680]  Oh, yeah. The appeal would be, we finally got the transcripts done because the court kept sending us partials, not all of them.
[01:55:17.680 --> 01:55:23.680]  Okay. Good. Good. Good. That's where we're getting to. I wanted to make sure you hadn't timed out.
[01:55:23.680 --> 01:55:37.680]  So you're still in the game. If you want the case dropped, you're just like Madeline before you, you want to make a constitutional claim.
[01:55:37.680 --> 01:55:44.680]  Here you make a constitutional claim that the statute is void for vagueness.
[01:55:44.680 --> 01:55:59.680]  Now, they're not going to let that claim get to the Supreme Court on the off chance that you'll get a ruling in your favor.
[01:55:59.680 --> 01:56:15.680]  Okay. You were listening when I told you about we filed a petition for writ of mandamus for we made a constitutional claim and the court dismissed it on a claim we didn't bring.
[01:56:15.680 --> 01:56:26.680]  Because they did not want to risk our claim getting before the court and possibly getting a ruling against them.
[01:56:26.680 --> 01:56:45.680]  If you make a constitutional claim on the ordinance itself claiming that the ordinance is void for vagueness, the courts are not going to want to risk that getting before the court of appeals or the Supreme.
[01:56:45.680 --> 01:56:48.680]  They're going to want to make that go away.
[01:56:48.680 --> 01:56:59.680]  And the only way they can make it go away is to give you a ruling in your favor on a different issue. Does that make sense?
[01:56:59.680 --> 01:57:02.680]  We've already been convicted.
[01:57:02.680 --> 01:57:04.680]  Randy, I think you...
[01:57:04.680 --> 01:57:15.680]  No, it didn't matter. No, you haven't. If your appeal is in place, the conviction is not final.
[01:57:15.680 --> 01:57:19.680]  Okay. So, yeah, I still live in here.
[01:57:19.680 --> 01:57:31.680]  Randy, I think you're correct too because I read a case where a defendant raised the voice of vagueness on appeal. He didn't raise it in the lower court.
[01:57:31.680 --> 01:57:45.680]  And the court, the state tried to argue that, oh, they don't have the right to bring it and the appeal court says that they have the right to bring a void for vagueness challenge on appeal.
[01:57:45.680 --> 01:58:00.680]  Exactly. If the statute is unconstitutionally vague, it cannot import jurisdiction to the court so it can be raised at any time.
[01:58:00.680 --> 01:58:03.680]  We're going to run out of time this weekend.
[01:58:03.680 --> 01:58:06.680]  Okay. Will you call us back tomorrow night?
[01:58:06.680 --> 01:58:09.680]  And the words are important.
[01:58:09.680 --> 01:58:11.680]  Wait, say that again?
[01:58:11.680 --> 01:58:21.680]  The words are important. Certain words. If the word is not clear or possibly described, the whole statute can be eliminated.
[01:58:21.680 --> 01:58:26.680]  Yes. Olivier, will you call us back tomorrow night earlier?
[01:58:26.680 --> 01:58:28.680]  I want to give you more time.
[01:58:28.680 --> 01:58:36.680]  Well, I guess tomorrow night we've got a four-hour show, so eight o'clock would be ten. Ten o'clock would be five. We still have two hours.
[01:58:36.680 --> 01:58:42.680]  Okay. Sue, maybe that's not right.
[01:58:42.680 --> 01:58:44.680]  What was your name?
[01:58:44.680 --> 01:58:45.680]  Sophie.
[01:58:45.680 --> 01:58:50.680]  Sophie, I'm sorry. I'm having trouble with that.
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