[00:00.000 --> 00:06.760]  The following news flashes brought to you by The Lowest Star Lowdown.
[00:06.760 --> 00:12.560]  Markets for Monday the 22nd of July, 2019, open with precious metals, gold at $1,429
[00:12.560 --> 00:20.960]  an ounce, silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.63 a barrel,
[00:20.960 --> 00:29.320]  Brent crude $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52,
[00:29.320 --> 00:40.680]  Ethereum $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a
[00:40.680 --> 00:41.680]  cryptocoin.
[00:41.680 --> 00:52.440]  Jig History, the year 1916, the Preparedness Day bombing, a time suitcase bomb, was detonated
[00:52.440 --> 00:57.760]  on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[00:57.760 --> 01:04.760]  10 and injuring 40 today in history.
[01:04.760 --> 01:09.440]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing happen to
[01:09.440 --> 01:14.080]  Texas law back in June, county prosecutors around the state, including Houston, Austin
[01:14.080 --> 01:18.080]  and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:18.080 --> 01:22.720]  new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:22.720 --> 01:24.720]  to test the herb for THC.
[01:24.720 --> 01:28.480]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.480 --> 01:33.040]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.040 --> 01:34.040]  law.
[01:34.040 --> 01:37.640]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.640 --> 01:42.120]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.120 --> 01:48.280]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.280 --> 01:51.240]  well as other cities, too, like the District Attorney.
[01:51.240 --> 01:56.840]  In El Paso, Cayman Esparza, a Democrat who also stated earlier this month that the law
[01:56.840 --> 02:01.760]  quote will not have an effect on the prosecution of marijuana cases in El Paso.
[02:01.760 --> 02:06.760]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.760 --> 02:10.760]  in Harris County who stated that quote, the law is constantly changing on what makes
[02:10.760 --> 02:13.480]  something illegal based on its chemical makeup.
[02:13.480 --> 02:17.360]  It's important that if someone is charged with something, the test matches what they're
[02:17.360 --> 02:22.600]  charged with.
[02:22.600 --> 02:27.240]  A paper by Tulane University identified a five-and-a-half inch American pocket shark
[02:27.240 --> 02:32.760]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark
[02:32.760 --> 02:38.400]  ever captured or recorded with the other one being found way back in 1979 in the East Pacific
[02:38.400 --> 02:39.400]  Ocean.
[02:39.400 --> 02:43.800]  According to the University paper, the shark secretes a luminous fluid from a gland near
[02:43.800 --> 02:50.800]  its front fins for the purposes hypothesized to lure and prey may be drawn into the glow.
[03:13.800 --> 03:27.800]  Well, I received my remedy today, came in a box just like the state I accepted it for
[03:27.800 --> 03:39.800]  value right away, it's not true, no, not later, we are originators and the typeways seem to
[03:39.800 --> 03:40.800]  get straighter every day.
[03:40.800 --> 03:55.320]  Okay, we are back, Randy Kelton, Brett Fountain, with a little radio on this Tuesday.
[03:55.320 --> 04:04.880]  Just kidding, Brett, on this Friday, the 10th day of December, 2021, and James, what were
[04:04.880 --> 04:05.880]  you thinking?
[04:05.880 --> 04:07.880]  You ran off the cliff.
[04:07.880 --> 04:10.880]  I know, I'm sorry.
[04:10.880 --> 04:14.880]  I'm going to tell Deborah on you and she'll buy that, she won't blame me.
[04:14.880 --> 04:18.880]  Look, I don't want to see any more of you already got one.
[04:18.880 --> 04:19.880]  Yeah, right.
[04:19.880 --> 04:20.880]  Okay.
[04:20.880 --> 04:21.880]  Go ahead.
[04:21.880 --> 04:38.880]  I'm just frustrated because what can you do with a judge like that in that situation?
[04:38.880 --> 04:44.880]  Right, question, you did exactly the right thing, you dialed 911 right in front of the
[04:44.880 --> 04:52.880]  jerk and did the 911 operator dispatch an officer?
[04:52.880 --> 05:04.880]  No, I sat out there for, wonderful, probably 20 minutes, what they did, somehow the call
[05:04.880 --> 05:05.880]  dropped.
[05:05.880 --> 05:10.880]  I actually, when he dismissed us, I went out and stood out in front of the courthouse for
[05:10.880 --> 05:16.880]  about 15 minutes on the phone waiting and the call ended up dropping.
[05:16.880 --> 05:25.880]  Well, I live in Luskin, I work in the academic, I'm already late for work, which, you know,
[05:25.880 --> 05:34.880]  I'm an owner, but we have a general manager, so technically for her it's kind of weird.
[05:34.880 --> 05:39.880]  I'd already let her know I was going to be a little, could be a little late to work.
[05:39.880 --> 05:47.880]  So, I left and headed to work, but I got a call back, and here's another interesting
[05:47.880 --> 05:57.880]  deal, got a call back from a Luskin police officer, I asked for a sheriff's deputy to
[05:57.880 --> 06:06.880]  show up, but I got a call back from an officer hawking and I don't answer the phone when
[06:06.880 --> 06:13.080]  I'm behind the wheel and I didn't even hear my, I guess, I forgot to turn my ringer back
[06:13.080 --> 06:19.280]  on, so I didn't even hear it ring, but I had a voicemail from an officer hawking and he
[06:19.280 --> 06:26.480]  let me know there's basically nothing they can do for a traffic citation that a trooper
[06:26.480 --> 06:35.600]  issued to me and I'm going, apparently the judge called somebody to let him know what
[06:35.600 --> 06:43.080]  was going on, because I didn't say anything about a traffic citation, I just said, that's
[06:43.080 --> 06:44.080]  not what it was about.
[06:44.080 --> 06:54.400]  Arrest this judge, you know, so, I'm pretty sure, yeah, I'm pretty sure the judge called
[06:54.400 --> 06:55.400]  Luskin PD.
[06:55.400 --> 06:57.880]  How else would they find out?
[06:57.880 --> 07:01.200]  Oh, you definitely need to find out.
[07:01.200 --> 07:06.200]  Substruction, 36.06.
[07:06.200 --> 07:09.200]  Do you want to do some public information requests?
[07:09.200 --> 07:17.120]  No, you ask to talk to the officer, make sure you record it.
[07:17.120 --> 07:23.480]  My favorite thing I ever did, I believe, was I was talking to my sheriff and I told him,
[07:23.480 --> 07:29.800]  sheriff, I'm an old combat veteran and I'm kind of hard of hearing, will you look and
[07:29.800 --> 07:33.680]  speak clearly into my pen, please?
[07:33.680 --> 07:39.800]  He looked and cut his eyes down and I didn't have one.
[07:39.800 --> 07:53.080]  But the interesting thing, this officer hawking, what, I'm 56 now, so five and a half years
[07:53.080 --> 08:00.720]  ago is when I first had my first bad experience with the police officer and it made me angry
[08:00.720 --> 08:06.280]  enough I started educating myself and I found you guys and blah, blah, blah, but about three
[08:06.280 --> 08:15.480]  years ago, I hadn't picked a fight yet, I've gotten, I think, one ticket after that and
[08:15.480 --> 08:20.320]  I didn't fight it, I just went and paid it because I didn't, of course I'm still not
[08:20.320 --> 08:23.640]  ready, but I really wasn't, wasn't ready then.
[08:23.640 --> 08:30.640]  I was heading to my daughter's house and I get pulled over by a Luskin police officer
[08:30.640 --> 08:39.320]  and to pose me over and right beside a little park, I can see my daughter's house, two
[08:39.320 --> 08:46.040]  blocks, a block and a half away and told me my brake lights were out on the truck and
[08:46.040 --> 08:52.200]  I said, well, you know, I've been having, I think there's a wiring issue, I thought
[08:52.200 --> 08:59.520]  I had it fixed, you know, I'm going right there, pointed at my daughter's car to him
[08:59.520 --> 09:07.280]  and anyway, he, you know, I don't give him anything, I give him my name, address, date
[09:07.280 --> 09:08.800]  of birth, that's it.
[09:08.800 --> 09:14.200]  Don't ask the questions and he, it must have been a half a dozen times he would take a
[09:14.200 --> 09:21.800]  deep breath and he clenched his fist and he did fail and he talked to me just like I'm
[09:21.800 --> 09:22.800]  talking to you.
[09:22.800 --> 09:32.680]  That went on a half a dozen times, it was a young black officer, never got upset with
[09:32.680 --> 09:37.120]  me, never, he didn't like me a ticket, he just told me, you know, I just wanted to let
[09:37.120 --> 09:44.160]  you know and he just, I want to give you a warning and he let me go and I never thought
[09:44.160 --> 09:50.480]  about it until listening to you about a year, a year and a half ago, I should have written
[09:50.480 --> 09:52.480]  him a letter of combination.
[09:52.480 --> 10:05.120]  Yes, that would have been a long way and what I will do is I will call back probably Monday
[10:05.120 --> 10:14.720]  morning and ask the student and I will tell him that, you know, as soon as you get, he
[10:14.720 --> 10:19.960]  said, this is Officer Hawkins, a light bulb went off in my head, I should have written
[10:19.960 --> 10:27.640]  that man a letter of combination for what he did, he was the most professional, probably
[10:27.640 --> 10:28.640]  late morning.
[10:28.640 --> 10:32.920]  Is it too late, maybe you're still good?
[10:32.920 --> 10:41.040]  Well, yeah, and that's what I'm thinking, but he was absolutely perfect when he got
[10:41.040 --> 10:47.720]  with me because I first think of that man so bad, he would just take his breath, clean
[10:47.720 --> 10:56.440]  his ears, he'd exhale and he'd go back to talking to me, you know, and you can't expect
[10:56.440 --> 10:59.480]  anything more from them than that.
[10:59.480 --> 11:08.400]  I know I've become difficult to deal with since I met you, but he handled everything
[11:08.400 --> 11:11.320]  perfectly.
[11:11.320 --> 11:21.080]  Next question, do I need to, do I need to file a notice of appeal with the court?
[11:21.080 --> 11:26.040]  Did the court make a final ruling in your case?
[11:26.040 --> 11:35.560]  I have no ruling, again, the prosecutor suggested to the judge if we move it to the county court,
[11:35.560 --> 11:42.920]  the judge agreed, but do I still need to file a notice of appeal?
[11:42.920 --> 11:49.320]  That is a good question, you can't file a notice of appeal at this point, there has
[11:49.320 --> 11:53.640]  to be a signed order.
[11:53.640 --> 12:01.920]  You know, I could have filed, I actually meant to file a notice of appeal three weeks ago
[12:01.920 --> 12:05.840]  so it would be there waiting and I could come.
[12:05.840 --> 12:12.160]  Okay, I was going to say, yes, you can file a notice of appeal and if you file a notice
[12:12.160 --> 12:18.560]  of appeal prematurely, it merely sits in the record until it matures.
[12:18.560 --> 12:22.360]  So yes, go ahead and file it, you cover that base.
[12:22.360 --> 12:32.000]  Okay, and the next thing, what about filing the fact and conclusions of law for the denying
[12:32.000 --> 12:34.400]  my motion?
[12:34.400 --> 12:40.200]  I would definitely ask for that, now he's going to deny it, but I would definitely
[12:40.200 --> 12:47.680]  request it and generally I'd like to include my own findings of fact and conclusions at
[12:47.680 --> 12:55.880]  law and ask him to either write his own or accept mine and in writing that, you're actually
[12:55.880 --> 12:59.800]  writing your appeal.
[12:59.800 --> 13:02.920]  So it's not a waste of time.
[13:02.920 --> 13:12.800]  Well, then you talk up one more criminal complaint, but in this case it may not be helpful because
[13:12.800 --> 13:23.720]  an appeal from this case would be trial de novo, however, a word about trial de novo,
[13:23.720 --> 13:28.440]  for those of you listening that don't know what that is, when you tried in an inferior
[13:28.440 --> 13:38.240]  court, that is a court that's ruled over by a non-lawyer, now it can be ruled over by
[13:38.240 --> 13:45.920]  a lawyer, but if he's in a court where a non-lawyer can be the judge, it's an inferior court.
[13:45.920 --> 13:53.280]  And an appeal from an inferior court is trial de novo for the purpose of perfecting your
[13:53.280 --> 14:03.240]  appeal, from an inferior court you do not have to appeal on writ of error.
[14:03.240 --> 14:12.000]  Now they think it's trial de novo in that it is a do-over, it is no such thing.
[14:12.000 --> 14:23.720]  The improper actions of the officers in the original trial become collateral estoppel.
[14:23.720 --> 14:30.880]  If they've acted improperly in the trial court, you can bring those claims into the appellate
[14:30.880 --> 14:37.040]  court as a cause for dismissal.
[14:37.040 --> 14:47.400]  You certainly need to bring the claims against this judge, and you may be able to get him
[14:47.400 --> 14:48.400]  removed.
[14:48.400 --> 14:57.320]  A friend of mine's brother was a lawyer and he became a municipal judge, and when Ken
[14:57.320 --> 15:03.040]  mentioned judicial conduct complaints, he just, he freaked out.
[15:03.040 --> 15:11.480]  He said that the state commission on judicial conduct only disciplines JPs and municipal
[15:11.480 --> 15:17.200]  judges, and he's right, that's pretty well true.
[15:17.200 --> 15:22.520]  And all these guys think that, whether it's true or not.
[15:22.520 --> 15:35.640]  So you really need to hammer this guy in the, he doesn't care, this judge doesn't care.
[15:35.640 --> 15:38.920]  He was a game warden for 32 years.
[15:38.920 --> 15:39.920]  Sue him personally.
[15:39.920 --> 15:47.960]  Oh wait, wait, no, we didn't get to the good part, let's get to the good part, 15.09.
[15:47.960 --> 15:56.840]  You go to another magistrate, I would want to go to a district judge and give that district
[15:56.840 --> 16:07.080]  judge a criminal complaint against this municipal judge and demand that the district judge act
[16:07.080 --> 16:14.640]  in accordance with 15.09 and issue a warrant for the arrest of the judge.
[16:14.640 --> 16:22.440]  But when he doesn't, you go to the Court of Appeals and ask the Court of Appeals judge
[16:22.440 --> 16:30.400]  to issue a warrant for the district judge in accordance with 15.09, no discretion of
[16:30.400 --> 16:31.400]  any kind.
[16:31.400 --> 16:41.200]  And when we come back on the other side, I'm going to confess that I screwed up badly.
[16:41.200 --> 16:46.360]  I've read this statute for 30 years and you didn't understand what I was reading.
[16:46.360 --> 16:50.200]  Miss the most powerful tool we have available to us.
[16:50.200 --> 17:00.200]  Hang on, Randy Kelton, Brett Felton, rule of law radio, we'll be right back.
[17:00.200 --> 17:05.520]  Are you being harassed by debt collectors with phone calls, letters or even losses?
[17:05.520 --> 17:08.960]  Stop debt collectors now with the Michael Meyers Proven Method.
[17:08.960 --> 17:13.320]  Michael Meyers has won six cases in federal court against debt collectors and now you
[17:13.320 --> 17:14.320]  can win two.
[17:14.320 --> 17:19.120]  You'll get step-by-step instructions in plain English on how to win in court using federal
[17:19.120 --> 17:24.880]  civil rights statute, what to do when contacted by phones, mail or court summons, how to answer
[17:24.880 --> 17:29.520]  letters and phone calls, how to get debt collectors out of your credit reports, how to turn the
[17:29.520 --> 17:33.720]  financial tables on them and make them pay you to go away.
[17:33.720 --> 17:38.840]  The Michael Meyers Proven Method is the solution for how to stop debt collectors.
[17:38.840 --> 17:41.000]  Regional consultation is available as well.
[17:41.000 --> 17:46.520]  For more information, please visit ruleoflawradio.com and click on the blue Michael Meyers banner
[17:46.520 --> 17:49.520]  or email Michael Meyers at yahoo.com.
[17:49.520 --> 17:59.080]  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
[17:59.080 --> 18:00.080]  now.
[18:00.080 --> 18:04.600]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[18:04.600 --> 18:08.200]  In today's America we live in an us against them society and if we the people are ever
[18:08.200 --> 18:12.080]  going to have a free society then we're going to have to stand and defend our own rights.
[18:12.080 --> 18:15.600]  Among those rights are the right to travel freely from place to place, the right to act
[18:15.600 --> 18:19.640]  in our own private capacity and most importantly the right to due process of law.
[18:19.640 --> 18:23.480]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[18:23.480 --> 18:24.960]  our rights through due process.
[18:24.960 --> 18:28.840]  Former Sheriff's Deputy Eddie Craig in conjunction with Rule of Law Radio has put together the
[18:28.840 --> 18:32.600]  most comprehensive teaching tool available that will help you understand what due process
[18:32.600 --> 18:34.720]  is and how to hold courts to the rule of law.
[18:34.720 --> 18:39.000]  You can get your own copy of this invaluable material by going to ruleoflawradio.com and
[18:39.000 --> 18:40.320]  ordering your copy today.
[18:40.320 --> 18:43.520]  By ordering now you'll receive a copy of Eddie's book The Texas Transportation Code
[18:43.520 --> 18:48.080]  The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research
[18:48.080 --> 18:50.400]  documents and other useful resource material.
[18:50.400 --> 18:54.360]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[18:54.360 --> 19:23.200]  For your copy today and together we can have the free society we all want and deserve.
[19:23.200 --> 19:28.280]  We are back Randy Kelton, Brett Fountain, Rule of Law Radio and we're talking to James
[19:28.280 --> 19:35.440]  in Texas and for everybody else I know we're taking a lot of time with this but this is
[19:35.440 --> 19:44.600]  really good stuff and it's basic stuff and my confession, I've read these codes for
[19:44.600 --> 19:50.000]  thirty years and I thought I knew what I was doing and I was missing the single most powerful
[19:50.000 --> 19:54.040]  tool we have.
[19:54.040 --> 20:00.960]  When a complaint is forwarded to a magistrate the magistrate shall issue a warrant.
[20:00.960 --> 20:16.080]  I've read that over and over and it didn't click, no discretion, no option, yes a command.
[20:16.080 --> 20:25.720]  So we use that so that we get this municipal judge to put the district judge in a position
[20:25.720 --> 20:29.240]  where we're trying to get him arrested.
[20:29.240 --> 20:33.040]  He is not going to be a happy camper.
[20:33.040 --> 20:37.480]  So who do you think is going to go under the bus?
[20:37.480 --> 20:40.840]  You may be able to get this judge off the bench.
[20:40.840 --> 20:46.840]  You know, I already got a municipal court judge removed from the bench in Nacodotius.
[20:46.840 --> 20:47.840]  All right.
[20:47.840 --> 20:49.840]  Your favorite judge?
[20:49.840 --> 20:50.840]  Judge Springer.
[20:50.840 --> 20:55.800]  I know you know of Judge Springer, Randy.
[20:55.800 --> 21:01.680]  You've heard Eddie talk about her before, he's the one who's going to shut his business
[21:01.680 --> 21:02.680]  down.
[21:02.680 --> 21:03.680]  Yeah.
[21:03.680 --> 21:08.680]  He's no longer on the bench because of me.
[21:08.680 --> 21:09.680]  Good.
[21:09.680 --> 21:14.360]  I filed a judicial misconduct complaint against her.
[21:14.360 --> 21:20.200]  She took it upon herself to assign that in a disqualification motion.
[21:20.200 --> 21:28.080]  She filed, assigned her associate to hear the disqualification motion.
[21:28.080 --> 21:29.080]  What?
[21:29.080 --> 21:37.080]  And when I talked to the head administrative judge's assistant, let's see, that was a Thursday
[21:37.080 --> 21:41.560]  when I went in for that hearing, I got the, and I walked out of the court, told her, you
[21:41.560 --> 21:44.800]  can't hear this, I don't care what you do.
[21:44.800 --> 21:45.800]  You might want to hang around.
[21:45.800 --> 21:50.800]  No, I don't care what you do, you can't hear this, I'm going to work.
[21:50.800 --> 21:58.960]  That was a Thursday, Saturday, I got the order denying my motion to disqualify her.
[21:58.960 --> 22:05.480]  And of course I called Judge Underwood's office that day when I walked out of the hearing
[22:05.480 --> 22:07.480]  Thursday.
[22:07.480 --> 22:10.000]  Under regional admin, Judge?
[22:10.000 --> 22:11.000]  Yeah.
[22:11.000 --> 22:12.000]  Yeah.
[22:12.000 --> 22:13.000]  In Longview.
[22:13.000 --> 22:19.600]  And the lady I needed to speak to wasn't there, so she was out of the office, I guess,
[22:19.600 --> 22:20.600]  on vacation.
[22:20.600 --> 22:26.880]  I was told to call back Monday, so when I called back Monday, I came here and I said,
[22:26.880 --> 22:31.760]  you know, this was a sign that I said, I never got noticed that it was a sign that she went
[22:31.760 --> 22:33.760]  from, no, I haven't.
[22:33.760 --> 22:37.960]  That hasn't been a sign to a judge to hear, I'm the one that does that.
[22:37.960 --> 22:44.480]  And I said, well, she just signed it and she went, she did what?
[22:44.480 --> 22:45.480]  And I said, yes ma'am.
[22:45.480 --> 22:53.960]  And I said, as a matter of fact, I got an order from the court denying her disqualification
[22:53.960 --> 22:54.960]  Saturday.
[22:54.960 --> 23:00.320]  Two days ago, and she said, can you send that to me?
[23:00.320 --> 23:02.520]  I said, yes ma'am.
[23:02.520 --> 23:09.520]  And of course, I scanned it, sent it to her email, and I told her, I said, you know, I
[23:09.520 --> 23:16.440]  also recorded the hearing, would you like to copy the recording?
[23:16.440 --> 23:21.040]  She said, yes, if you would send that to us, I would appreciate it.
[23:21.040 --> 23:29.200]  I land down the staples, got a bottle flyer strive, burned it to it, mailed it to them.
[23:29.200 --> 23:36.280]  This hearing I went to, and these two judges, Judge Springer and Judge Dewberry, could be
[23:36.280 --> 23:42.880]  sisters of both blind women, both extremely arrogant.
[23:42.880 --> 23:52.920]  This is the only other judge I've been before that put things to shame, but both, and she,
[23:52.920 --> 23:56.760]  Judge Dewberry could not have been nicer to me.
[23:56.760 --> 24:03.120]  She did everything but get down on her knees and kiss my behind.
[24:03.120 --> 24:04.120]  Funny how that happens.
[24:04.120 --> 24:16.480]  You know, I got called in for a status conference prosecutor re-talk, and I've got my arms folded.
[24:16.480 --> 24:17.480]  I'm mad.
[24:17.480 --> 24:21.640]  And I went, you know, I don't understand what I'm still doing here.
[24:21.640 --> 24:25.680]  Why has this not been dismissed yet?
[24:25.680 --> 24:31.800]  And she said, well, why don't you type up a motion to dismiss and submit it to court,
[24:31.800 --> 24:33.520]  and then we'll go over it.
[24:33.520 --> 24:38.160]  And I said, you've got three of them in the record for different reasons.
[24:38.160 --> 24:45.480]  And we'll both have already been denied, and blah, blah, blah, and I said, okay, all right,
[24:45.480 --> 24:46.480]  whatever.
[24:46.480 --> 24:50.200]  And I headed to work, and I'm staying.
[24:50.200 --> 24:55.600]  I get to work, and I start typing up another motion to dismiss, a fourth one.
[24:55.600 --> 25:02.040]  And by halfway through, I went, you know what, heck with it, I'm not going to do it.
[25:02.040 --> 25:04.040]  I'm going to wait and see what they do.
[25:04.040 --> 25:08.880]  And I know, Randy, you're going to tell them that's the wrong thing to do, but I did anyway.
[25:08.880 --> 25:09.880]  I was mad.
[25:09.880 --> 25:10.880]  Sorry.
[25:10.880 --> 25:13.640]  And I never heard anything.
[25:13.640 --> 25:16.360]  It ran out of the statute of limitations.
[25:16.360 --> 25:21.360]  October 28th of last year.
[25:21.360 --> 25:38.000]  Three charges, I hadn't heard a peep from her, but I was thinking, of course, file a
[25:38.000 --> 25:45.280]  notice of appeal, file a request for finding the facts and conclusions at law, and when
[25:45.280 --> 25:51.520]  he gets rejected, everything, I've never met the county judge.
[25:51.520 --> 25:54.800]  I think his name is Lynn Berry.
[25:54.800 --> 26:00.440]  I know a lady that works for him, and I've talked to some other people about him, and
[26:00.440 --> 26:08.440]  from all accounts, nobody has a bad thing to say about it.
[26:08.440 --> 26:13.680]  The lady that I know that works for him says he seems to be very fair, blah, blah, blah.
[26:13.680 --> 26:23.480]  I was thinking, when I first go to his court, take the criminal complaint and have him verify.
[26:23.480 --> 26:28.560]  You said a district judge, I was thinking I'd just get the county judge to verify the criminal
[26:28.560 --> 26:29.560]  complaint.
[26:29.560 --> 26:30.560]  No, no, you can't do that.
[26:30.560 --> 26:35.560]  But if you get the county judge to verify them, then you've put the county judge on
[26:35.560 --> 26:36.560]  the dime.
[26:36.560 --> 26:37.560]  Okay.
[26:37.560 --> 26:38.560]  He's holding it.
[26:38.560 --> 26:39.560]  Got you.
[26:39.560 --> 26:40.560]  Yeah.
[26:40.560 --> 26:47.600]  And if you don't want to hammer this county judge, you might step over him to the district
[26:47.600 --> 26:53.600]  judge, and if you know anybody that knows him, you might tell them that I'm going to
[26:53.600 --> 26:59.000]  bypass the county judge because I hear nothing but good things about him, and I don't want
[26:59.000 --> 27:04.080]  to give him a difficult time.
[27:04.080 --> 27:07.200]  Like to get you a lot of respect.
[27:07.200 --> 27:12.000]  That makes sense.
[27:12.000 --> 27:19.120]  My question is, when I file my notice of appeal, do I need to refile everything in the county
[27:19.120 --> 27:20.120]  court?
[27:20.120 --> 27:21.120]  No.
[27:21.120 --> 27:24.160]  Not at this point.
[27:24.160 --> 27:32.920]  Don't do anything until you get some kind of order from the trial court.
[27:32.920 --> 27:33.920]  Okay.
[27:33.920 --> 27:43.360]  If there has to be a final adjudication, otherwise the appellate court doesn't have jurisdiction.
[27:43.360 --> 27:49.800]  What your prosecutor may do is move for a change of venue to the county court.
[27:49.800 --> 27:56.720]  I'm not sure, but something in my memory tells me there is a provision for that.
[27:56.720 --> 28:06.520]  Well, I would make just one quick little note about requests for finding conclusions.
[28:06.520 --> 28:14.960]  We know about Rule 296 and 297 in the Texas Rules of Civil Procedure that say that that's
[28:14.960 --> 28:21.360]  what he shall do when you get this request, that he needs to say why he ruled the way
[28:21.360 --> 28:22.440]  he did.
[28:22.440 --> 28:31.040]  We also have in the Texas Rules of Appellate Procedure, we have Rule 34.5, which describes
[28:31.040 --> 28:32.840]  how the appeal is supposed to go.
[28:32.840 --> 28:38.920]  When you read through there, it's a very clear assumption that you're getting those findings
[28:38.920 --> 28:43.040]  of fact conclusions of law.
[28:43.040 --> 28:49.240]  It's really clear, black and white, that that's the obvious part of what you get to have.
[28:49.240 --> 29:00.280]  There is case law that says, and this 296 and 7 only apply to district courts.
[29:00.280 --> 29:08.040]  If you don't ask for findings of fact and conclusions of law, then you waive any errors.
[29:08.040 --> 29:14.920]  Now I've never seen them adjudicate that, but that's what the courts, that's what the
[29:14.920 --> 29:15.920]  rules say.
[29:15.920 --> 29:21.280]  Yeah, and it says that you are considering that the little bit of nothing you've got in
[29:21.280 --> 29:24.280]  your hand as you're headed to the appeals court, that's enough.
[29:24.280 --> 29:26.920]  You say that's good enough and you're ready to go.
[29:26.920 --> 29:36.200]  Yeah, so what I'm saying is because of that ruling, even if this is a municipal court,
[29:36.200 --> 29:44.360]  Packer v. Walker, Walker v. Packer says that the judge has no discretion in properly applying
[29:44.360 --> 29:48.960]  the law to the facts, but if you do so, it's an abusive discretion, and if I keep going,
[29:48.960 --> 29:51.040]  I'll dive right off the cliff.
[29:51.040 --> 30:01.240]  Randy Kelton, Brett Felton, we'll be right back.
[30:01.240 --> 30:05.680]  Everyone knows that walking is great exercise, but you might not know that the way you walk
[30:05.680 --> 30:07.800]  could predict how long you're going to live.
[30:07.800 --> 30:13.040]  I'm Dr. Katherine Albrecht and I'll be back to tell you more about walking prognostication
[30:13.040 --> 30:14.040]  in just a moment.
[30:14.040 --> 30:16.320]  Privacy is under attack.
[30:16.320 --> 30:20.720]  When you give up data about yourself, you'll never get it back again, and once your privacy
[30:20.720 --> 30:26.160]  is gone, you'll find your freedoms will start to vanish too, so protect your rights.
[30:26.160 --> 30:29.680]  Say no to surveillance and keep your information to yourself.
[30:29.680 --> 30:32.480]  Privacy, it's worth hanging on to.
[30:32.480 --> 30:36.800]  This public service announcement is brought to you by StartPage.com, the private search
[30:36.800 --> 30:40.280]  engine alternative to Google, Yahoo, and Bing.
[30:40.280 --> 30:42.280]  Start over with StartPage.
[30:42.280 --> 30:48.000]  New research shows how fast you walk could predict how long you're going to live.
[30:48.000 --> 30:52.560]  The Journal of the American Medical Association reports that older adults who walk one meter
[30:52.560 --> 30:55.800]  per second or faster live longer than expected.
[30:55.800 --> 31:00.200]  In case you're wondering, one meter per second is about two and a quarter miles per hour.
[31:00.200 --> 31:04.920]  A senior's age, gender, and walking speed were as good at predicting life expectancy
[31:04.920 --> 31:07.280]  as more traditional statistical measures.
[31:07.280 --> 31:10.560]  Generally speaking, faster walkers live longer.
[31:10.560 --> 31:13.080]  Walking walking speed is quick and inexpensive.
[31:13.080 --> 31:16.880]  It only takes a stopwatch, some space to walk, and a few minutes.
[31:16.880 --> 31:20.960]  Researchers say it could help doctors identify older patients who need special care.
[31:20.960 --> 31:22.960]  I'm Dr. Catherine Albrecht.
[31:22.960 --> 31:30.480]  More news and information at CatherineAlbrecht.com.
[31:30.480 --> 31:31.480]  I lost my son.
[31:31.480 --> 31:32.480]  My nephew.
[31:32.480 --> 31:33.480]  My uncle.
[31:33.480 --> 31:34.480]  My son.
[31:34.480 --> 31:35.480]  On September 11, 2001.
[31:35.480 --> 31:38.720]  Most people don't know that a third tower fell on September 11.
[31:38.720 --> 31:42.800]  The Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:42.800 --> 31:46.720]  One of the official explanations is that fire brought down building 7.
[31:46.720 --> 31:51.520]  Over 1,200 architects and engineers have looked into the evidence and believe there is more
[31:51.520 --> 31:52.520]  to the story.
[31:52.520 --> 31:53.920]  Bring justice to my son.
[31:53.920 --> 31:54.920]  My uncle.
[31:54.920 --> 31:55.920]  My nephew.
[31:55.920 --> 31:56.920]  My son.
[31:56.920 --> 31:57.920]  Go to building what.org.
[31:57.920 --> 31:58.920]  Why it fell.
[31:58.920 --> 31:59.920]  Why it matters.
[31:59.920 --> 32:00.920]  That's what you can do.
[32:00.920 --> 32:05.840]  Logos Radio Network welcomes a new show to our lineup for the new year.
[32:05.840 --> 32:12.120]  Scripture Talk with Nana will begin Wednesday, January 8 from 8 to 10 p.m. central time.
[32:12.120 --> 32:15.200]  Our goal is in accord with Matthew 5.16.
[32:15.200 --> 32:20.240]  Let your light so shine before men that they may see your good works and glorify your Father
[32:20.240 --> 32:21.760]  which is in heaven.
[32:21.760 --> 32:26.560]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:26.560 --> 32:32.120]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed
[32:32.120 --> 32:35.240]  to provoke unto love and good works.
[32:35.240 --> 32:39.640]  Our verse by verse Bible studies will begin in the book of Matthew where we will discuss
[32:39.640 --> 32:41.400]  one chapter per week.
[32:41.400 --> 32:46.480]  Our topical Bible studies will vary each week and will explore sound doctrine as well as
[32:46.480 --> 32:48.680]  Christian character developments.
[32:48.680 --> 32:55.760]  So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. starting
[32:55.760 --> 33:02.240]  January 8 for an inspiring and motivating discussion of the Scriptures.
[33:02.240 --> 33:06.240]  Live Free Speech Radio LogosRadioNetwork.com
[33:32.240 --> 33:40.040]  Okay we are back, Randy Kelton, Brad Fountain, Rue La Radio and James, this has been a really
[33:40.040 --> 33:41.040]  good discussion.
[33:41.040 --> 33:44.560]  It's a great call but I do need to move on.
[33:44.560 --> 33:54.120]  Can you contact me off the air but e-mail is something I really want to set up to start
[33:54.120 --> 33:58.560]  going after these judges with 15.09.
[33:58.560 --> 34:01.840]  I think you'll find that extremely powerful.
[34:01.840 --> 34:03.960]  I would love somebody to help me do that.
[34:03.960 --> 34:09.080]  I just want the only other thing I wanted to say, I did bring up Walker V. Packer with
[34:09.080 --> 34:10.080]  him.
[34:10.080 --> 34:11.080]  They're nice.
[34:11.080 --> 34:14.480]  I brought up Houston First of what is it?
[34:14.480 --> 34:21.040]  Houston First of American Savings v. Music, the first effect, not putting the alternative
[34:21.040 --> 34:26.640]  in the life please of the party or the others as you visually admitted facts.
[34:26.640 --> 34:30.800]  They're nice and brought up the first effect.
[34:30.800 --> 34:35.600]  You need to file a criminal complaint for each of those denials.
[34:35.600 --> 34:36.600]  Exactly.
[34:36.600 --> 34:39.200]  Let's do this off the air.
[34:39.200 --> 34:42.600]  I've got three callers that have been holding since the show started.
[34:42.600 --> 34:43.600]  Go ahead.
[34:43.600 --> 34:49.960]  They're probably getting annoyed at me and Tina is next and you know how me and Tina
[34:49.960 --> 34:50.960]  can get.
[34:50.960 --> 34:56.040]  I'm getting off and I don't want her mad at me.
[34:56.040 --> 34:57.040]  Okay.
[34:57.040 --> 34:58.040]  Thank you very much.
[34:58.040 --> 34:59.040]  Good night James.
[34:59.040 --> 35:01.040]  Good night.
[35:01.040 --> 35:02.040]  Good night.
[35:02.040 --> 35:04.920]  Now we're going to Miss Tina.
[35:04.920 --> 35:05.920]  Hello Miss Tina.
[35:05.920 --> 35:06.920]  Hello.
[35:06.920 --> 35:12.640]  How can you even think that I would be mad at you?
[35:12.640 --> 35:13.640]  Yes.
[35:13.640 --> 35:14.640]  So mean.
[35:14.640 --> 35:15.640]  You're mean.
[35:15.640 --> 35:18.640]  Well, you tend to be so churlish.
[35:18.640 --> 35:23.640]  Wait, I thought that was churlish.
[35:23.640 --> 35:26.640]  You mean I'm being churlish?
[35:26.640 --> 35:33.640]  Okay, isn't that another one of your words is boorish?
[35:33.640 --> 35:38.920]  Yeah, that may be more boorish than churlish.
[35:38.920 --> 35:42.640]  I was being boorish, accusing her of being churlish.
[35:42.640 --> 35:47.960]  Okay, what do you have for us today?
[35:47.960 --> 35:59.720]  I wanted to comment on the fact that I held, did that Randy deal where I held a district
[35:59.720 --> 36:08.880]  attorney accountable for what he says and what he said on his website and invoked his
[36:08.880 --> 36:19.720]  duty and it turned out to be quite interesting because he's now agreed to meet with the victims,
[36:19.720 --> 36:28.400]  15 of us in person the rest by Zoom, next Wednesday to actually inform us of what he
[36:28.400 --> 36:35.360]  is charging this party with, what they can prove, what they come from, and allowing
[36:35.360 --> 36:39.520]  us to ask questions.
[36:39.520 --> 36:48.280]  So I would never have had the confidence or the knowledge to even think I could directly
[36:48.280 --> 36:54.400]  email him without the show and it's paying off.
[36:54.400 --> 37:04.480]  And so we have a meeting next Wednesday at 2.30 in their office and we will find out what
[37:04.480 --> 37:11.000]  they are planning to charge this person who was the owner of a consignment store that
[37:11.000 --> 37:13.720]  stole a lot of people's property.
[37:13.720 --> 37:21.120]  And my filing and adversary proceeding within her bankruptcy has kept the case alive for
[37:21.120 --> 37:26.080]  two years and stopped her from getting a discharge.
[37:26.080 --> 37:34.400]  So it's going to be really good and I've just been reading the victim's rights in
[37:34.400 --> 37:40.400]  the California Constitution and I think that is very, very interesting.
[37:40.400 --> 37:45.560]  I've learned quite a lot just reading that as the show was going on and I think if people
[37:45.560 --> 37:47.560]  haven't read it on the stage.
[37:47.560 --> 37:48.560]  What?
[37:48.560 --> 37:49.560]  What?
[37:49.560 --> 37:50.560]  The show was...
[37:50.560 --> 37:51.560]  Oh.
[37:51.560 --> 37:52.560]  Well, I was listening.
[37:52.560 --> 37:53.560]  I wasn't listening.
[37:53.560 --> 37:54.560]  Call me to the quick.
[37:54.560 --> 37:59.560]  Are you saying you weren't hanging on every word?
[37:59.560 --> 38:00.560]  Oh.
[38:00.560 --> 38:01.560]  We don't need talking.
[38:01.560 --> 38:02.560]  No.
[38:02.560 --> 38:04.560]  I mean...
[38:04.560 --> 38:05.560]  Now that's churlish.
[38:05.560 --> 38:06.560]  Okay.
[38:06.560 --> 38:07.560]  Okay.
[38:07.560 --> 38:12.000]  Well, at least you didn't fall asleep.
[38:12.000 --> 38:14.560]  I do tend to have that effect on people.
[38:14.560 --> 38:15.560]  Well, you do.
[38:15.560 --> 38:16.560]  That's true.
[38:16.560 --> 38:18.960]  I've seen that before.
[38:18.960 --> 38:26.880]  We had one time that I clicked on a caller and all we heard was snoring.
[38:26.880 --> 38:42.280]  Okay, I would suggest that you write a very complimentary letter to the prosecutor stating
[38:42.280 --> 38:51.920]  how pleased you are with him actually standing up and doing what he said in his campaign
[38:51.920 --> 38:53.040]  promises.
[38:53.040 --> 38:58.400]  Give him something he'll want to hang on the wall and something he'll want to display
[38:58.400 --> 39:07.520]  when he runs for office next time and that'll give him motivation to make sure you're happy
[39:07.520 --> 39:08.520]  when he's done.
[39:08.520 --> 39:09.520]  That's a good idea.
[39:09.520 --> 39:18.600]  I just learned yesterday that he is a Republican because I spoke to somebody who I know well
[39:18.600 --> 39:19.600]  who was...
[39:19.600 --> 39:27.040]  I didn't know this until yesterday, she was part of his campaign.
[39:27.040 --> 39:34.640]  So she said to make sure that I use the word constituents when I meet him, that your constituents
[39:34.640 --> 39:39.720]  are expecting you to follow through on your campaign promises.
[39:39.720 --> 39:40.720]  Good.
[39:40.720 --> 39:41.720]  That's good.
[39:41.720 --> 39:43.720]  A Republican in California.
[39:43.720 --> 39:44.720]  Wonderful.
[39:44.720 --> 39:50.840]  Especially in this community which is heavily Democratic.
[39:50.840 --> 39:58.160]  Now, I was just reading as I was reading our state constitution too, I came across something
[39:58.160 --> 40:00.880]  that I wanted to ask you what you thought of.
[40:00.880 --> 40:08.800]  You know that in my case against the attorney for the bank, they bought up this litigation
[40:08.800 --> 40:16.360]  privilege of which California has seemingly an absolute one and the judge said, oh yeah,
[40:16.360 --> 40:21.560]  they have a litigation privilege to I, so you know, you're accusing them of lying and
[40:21.560 --> 40:25.560]  then admitting that they had no intention of doing what they said they were going to
[40:25.560 --> 40:28.800]  do is no big deal because they're allowed to lie.
[40:28.800 --> 40:38.920]  In our constitution, it says a citizen or class of citizen may not be granted privileges
[40:38.920 --> 40:45.720]  or immunities not granted on the same terms to all citizens.
[40:45.720 --> 40:49.880]  Privileges or immunities granted by the legislature may be offered or revoked.
[40:49.880 --> 40:52.400]  Wouldn't that fall into this?
[40:52.400 --> 40:53.400]  Great.
[40:53.400 --> 40:54.400]  There's a term for that.
[40:54.400 --> 40:55.400]  Brett, what's the term for that?
[40:55.400 --> 40:56.400]  I don't know.
[40:56.400 --> 41:02.160]  There's a special constitutional term for that.
[41:02.160 --> 41:07.400]  Oh, I'll think of it in a minute.
[41:07.400 --> 41:17.760]  We used to give it to pirates, I'll think of it in a moment, but there is a term for
[41:17.760 --> 41:25.360]  exactly that and I think you are absolutely dead on point to raise a constitutional issue
[41:25.360 --> 41:28.600]  over litigation privilege.
[41:28.600 --> 41:36.160]  I think it's orders of mark, letter of mark.
[41:36.160 --> 41:37.160]  That's a letter of mark.
[41:37.160 --> 41:38.160]  That's a letter of mark.
[41:38.160 --> 41:39.160]  I haven't heard of that before.
[41:39.160 --> 41:40.160]  What does it mean?
[41:40.160 --> 41:53.000]  The letter of mark is where they give someone the authority to break the laws, they gave
[41:53.000 --> 42:01.640]  letter of marks to privateers so that they could take on the British or any shipping
[42:01.640 --> 42:11.480]  that wasn't conducive to the revolution, these pirates could go after them and sink
[42:11.480 --> 42:18.160]  their ships and steal everything they got and deny all the people's, all their rights
[42:18.160 --> 42:21.080]  under a letter of mark.
[42:21.080 --> 42:29.080]  Look up letter of mark, that will be a good term to use in raising this issue.
[42:29.080 --> 42:37.720]  As I've already filed my request for reconsideration, how can I bring this constitutional challenge
[42:37.720 --> 42:39.560]  into that part?
[42:39.560 --> 42:48.440]  Just file an amended request for reconsideration.
[42:48.440 --> 42:54.440]  Using letter of mark in there is just, it's not substantive.
[42:54.440 --> 43:04.680]  You use this when you could file a petition for declaratory judgment addressing this litigation
[43:04.680 --> 43:13.240]  privilege as a letter of mark and take it on separately.
[43:13.240 --> 43:28.480]  It's wrong to me, it's absolutely wrong that this litigation privilege throws what they
[43:28.480 --> 43:35.800]  have to sign when they have the privilege to practice law, it overthrows all the business
[43:35.800 --> 43:39.480]  and professional rules of conduct and you're running me off the tip.
[43:39.480 --> 43:41.480]  That's not fair, Randy.
[43:41.480 --> 43:46.480]  Well, I was waiting, I didn't know if you'd hear it or not, I was watching the clock,
[43:46.480 --> 43:49.480]  rooting you on, and here it comes.
[43:49.480 --> 43:53.480]  You were going to give her a push, weren't you?
[43:53.480 --> 44:00.480]  Yes, yes, Randy Kelton, Brett Fountain, we'll be right back.
[44:00.480 --> 44:06.680]  Through advances in technology our lives have greatly improved, except in the area of nutrition.
[44:06.680 --> 44:11.400]  People feed their pets better than they feed themselves and it's time we changed all that.
[44:11.400 --> 44:17.400]  Our primary defense against aging and disease in this toxic environment is good nutrition.
[44:17.400 --> 44:22.520]  In a world where natural foods have been irradiated, adulterated, and mutilated, young
[44:22.520 --> 44:25.920]  Jevity can provide the nutrients you need.
[44:25.920 --> 44:31.640]  Logos Radio Network gets many requests to endorse all sorts of products, most of which we reject.
[44:31.640 --> 44:38.240]  We have come to trust Jevity so much, we became a marketing distributor along with Alex Jones,
[44:38.240 --> 44:44.240]  Ben Fuchs, and many others. When you order from LogosRadioNetwork.com, your health will improve
[44:44.240 --> 44:47.240]  as you help support quality radio.
[44:47.240 --> 44:51.240]  As you realize the benefits of young Jevity, you may want to join us.
[44:51.240 --> 45:00.240]  As a distributor, you can experience improved health, help your friends and family, and increase your income. Order now.
[45:00.240 --> 45:03.240]  Are you the plaintiff or defendant in a lawsuit?
[45:03.240 --> 45:10.240]  Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course
[45:10.240 --> 45:14.240]  that will show you how in 24 hours, step-by-step.
[45:14.240 --> 45:18.240]  If you have a lawyer, know what your lawyer should be doing.
[45:18.240 --> 45:22.240]  If you don't have a lawyer, know what you should do for yourself.
[45:22.240 --> 45:27.240]  Thousands have won with our step-by-step course, and now you can too.
[45:27.240 --> 45:34.240]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[45:34.240 --> 45:40.240]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices
[45:40.240 --> 45:43.240]  that control our American courts.
[45:43.240 --> 45:52.240]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more.
[45:52.240 --> 46:01.240]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-E-Z.
[46:22.240 --> 46:35.240]  Okay, we are back. Randy Kelton, Brett Fountain, Ruleoflaw Radio, and on the break I looked up letters of Mark.
[46:35.240 --> 46:43.240]  It's actually Letter of Mark and Reprisal, a license to a private citizen to seize property of another nation.
[46:43.240 --> 46:52.240]  And then other definitions say a legal document giving official permission to do something.
[46:52.240 --> 47:04.240]  What you read in the Constitution of California went right directly to Letter of Mark, Letter of Mark and Reprisal.
[47:04.240 --> 47:06.240]  It forbids that being done.
[47:06.240 --> 47:25.240]  They have given lawyers the power to usurp the Constitution and steal people's property with no recourse, no way that will stand constitutional muster.
[47:25.240 --> 47:40.240]  Katina, okay, we can hear you better if I unmute you. Have you talked to the Republican Party in California?
[47:40.240 --> 47:43.240]  No.
[47:43.240 --> 47:56.240]  I need to get you in contact with Mary Krennic and have her give you a short course on how to use politics.
[47:56.240 --> 47:58.240]  Yes, that would be good.
[47:58.240 --> 48:15.240]  Because this is something that's so incredibly unconstitutional. These are the kind of things that the people out of power would like to use to get back in power.
[48:15.240 --> 48:31.240]  So if you'll send me an email, ask for an introduction to Sweet Mary. I tease her calling her Sweet Mary. She's not quite so sweet as all that. She's a really great person.
[48:31.240 --> 48:40.240]  It better be called Nina.
[48:40.240 --> 48:50.240]  Okay, but that is a great issue to take on and it needs to be taken on clean.
[48:50.240 --> 49:13.240]  And that's why a petitioner to declare to a judgment addressing that issue as a letter of mark and reprisal has got a really negative term, negative white breath. There's a word I've lost there.
[49:13.240 --> 49:14.240]  Convation?
[49:14.240 --> 49:19.240]  Yes, connotation.
[49:19.240 --> 49:25.240]  Okay. Do you have anything else for us?
[49:25.240 --> 49:28.240]  Quick question.
[49:28.240 --> 49:53.240]  I said in our Constitution, a person may not be deprived of life, liberty or property without due process of law or denied equal protection of the laws, provided that nothing contained here in or elsewhere in this Constitution imposes upon the state of California or any public entity board or official, any obligations or responsibilities that
[49:53.240 --> 50:06.240]  those imposed by the people protection clause of the 14th Amendment to the United States. What constitutes due process of law and who decides whether you've had due process of law?
[50:06.240 --> 50:13.240]  Two kinds of due process. Procedural and substantive.
[50:13.240 --> 50:26.240]  Procedural is where statutes tell public officials to do a certain thing and they don't do that thing, like failure to take before a magistrate. That goes to procedural due process.
[50:26.240 --> 50:40.240]  If a policeman commits a harm against someone, like you get arrested and the policeman beats you into unconsciousness, that's substantive due process.
[50:40.240 --> 50:45.240]  Mostly what you will deal with will be procedural due process.
[50:45.240 --> 50:52.240]  They're not doing public officials not following the statutes to the letter.
[50:52.240 --> 51:05.240]  You have a, and what the 14th Amendment means is, I'm not 14th, the right to due process is, which one?
[51:05.240 --> 51:06.240]  I think that's it.
[51:06.240 --> 51:16.240]  Okay, that sounds right. No, I think six goes to contracts, doesn't it?
[51:16.240 --> 51:18.240]  Do you have any obligations?
[51:18.240 --> 51:19.240]  Yeah.
[51:19.240 --> 51:21.240]  Yeah, I think that's on there too.
[51:21.240 --> 51:33.240]  Okay, then in taxes it's Article 10. No person will be disenfranchised except for the due process of the law.
[51:33.240 --> 51:39.240]  Anyway, all constitutions have that.
[51:39.240 --> 51:55.240]  Then why is California, we're speaking of California, a non-judicial state in terms of taking our property? Isn't that indirect contradiction to what this says?
[51:55.240 --> 51:59.240]  No, no, no, that's protected by contract.
[51:59.240 --> 52:05.240]  In a non-judicial state, when you, I'm sorry, let me step back.
[52:05.240 --> 52:21.240]  In a judicial state, in order to foreclose on your property, the lender must get a judgment from the court authorizing them to foreclose.
[52:21.240 --> 52:42.240]  In a non-judicial state, the contract itself contains a confessed judgment in that you agree by contract that if you default on the mortgage, the lender can foreclose without seeking an order from the court.
[52:42.240 --> 52:47.240]  So that's all contractual issues.
[52:47.240 --> 52:54.240]  That's against what this constitution says in our equal protection and due process.
[52:54.240 --> 52:57.240]  We're not getting due process of law.
[52:57.240 --> 53:02.240]  See, you're not allowed to give our side.
[53:02.240 --> 53:11.240]  This is a situation where you're in a contractual arrangement with someone.
[53:11.240 --> 53:14.240]  Foreclosure is all contractual.
[53:14.240 --> 53:23.240]  Now, if you're pulled over by a policeman and he injures you, that's not contractual.
[53:23.240 --> 53:24.240]  That's torture.
[53:24.240 --> 53:28.240]  That's a tort against you.
[53:28.240 --> 53:32.240]  And due process applies to that.
[53:32.240 --> 53:47.240]  But when you consciously agree to a provision under contract, the state is not allowed to interfere with that contractual agreement.
[53:47.240 --> 53:50.240]  Does that make sense?
[53:50.240 --> 54:02.240]  Yes and no, because they forced us into the situation by lying to us about the three months behind and the hemp said this and the law said this.
[54:02.240 --> 54:05.240]  Okay, that is adjudicated.
[54:05.240 --> 54:08.240]  You can adjudicate those issues.
[54:08.240 --> 54:14.240]  But that doesn't invalidate the contract.
[54:14.240 --> 54:18.240]  You're kind of mixing up issues here.
[54:18.240 --> 54:28.240]  But something we have to go against and get that overturned so that everyone has a judicial chance.
[54:28.240 --> 54:36.240]  Well, the state of California allows for a confessed judgment in a mortgage issue.
[54:36.240 --> 54:38.240]  That's how they can do it.
[54:38.240 --> 54:45.240]  We would have to turn California into a mortgage state instead of a deed of trust state.
[54:45.240 --> 54:49.240]  Which would be good.
[54:49.240 --> 54:50.240]  Yeah, I like it better.
[54:50.240 --> 54:53.240]  It makes it harder on them.
[54:53.240 --> 54:55.240]  But it's not the way it is.
[54:55.240 --> 54:58.240]  You'd have to change the law.
[54:58.240 --> 55:00.240]  Yeah, that's another long process.
[55:00.240 --> 55:02.240]  But I think I'll have to go after this one.
[55:02.240 --> 55:13.240]  You said with the letter of Mark, I'll start reading about that and seeing how I can amend this thing because no attorney should be given the privilege to lie.
[55:13.240 --> 55:18.240]  Because that's what they've got is a license to lie and not a license to practice law.
[55:18.240 --> 55:23.240]  And that's probably something you can get the Republicans behind.
[55:23.240 --> 55:28.240]  That's why I'm saying this is a good one to talk to Republicans about.
[55:28.240 --> 55:29.240]  Okay, sounds good.
[55:29.240 --> 55:35.240]  Well, I will email you about an introduction to Sweet Mary and let you go to some other callers.
[55:35.240 --> 55:38.240]  Okay, thank you very much, Ms. Tina.
[55:38.240 --> 55:43.240]  Now we're going to go to Gary in Oklahoma.
[55:43.240 --> 55:48.240]  Gary, what do you have for us today?
[55:48.240 --> 55:50.240]  You hear me?
[55:50.240 --> 55:52.240]  Yes, I can hear you.
[55:52.240 --> 55:54.240]  Okay.
[55:54.240 --> 56:04.240]  I was told that someone that you dealt with, he said to call into the show and tell my story to you.
[56:04.240 --> 56:09.240]  So let me go through it real quick and see where we can go from there.
[56:09.240 --> 56:11.240]  Okay.
[56:11.240 --> 56:21.240]  On Super Bowl Sunday, about 11 a.m., my son came in and said he was held at gunpoint in our front yard by a police officer.
[56:21.240 --> 56:26.240]  I got up and went out to investigate who this officer was, his name and so on.
[56:26.240 --> 56:31.240]  By the time I got out there, there was at least five police cars.
[56:31.240 --> 56:37.240]  They were there for our next door neighbors, which had been renting the place over two years,
[56:37.240 --> 56:45.240]  and the landlord called in a burglary because he wanted to a victim.
[56:45.240 --> 56:53.240]  And so when I went out there, they had one guy up by the garage in handcuffs,
[56:53.240 --> 57:00.240]  and there was a training officer, a corporal or whatever they are, two stripes.
[57:00.240 --> 57:08.240]  And I went up by the curb, I didn't go further, and I was roughly about 20, maybe 30 feet away.
[57:08.240 --> 57:12.240]  He jumped up when he saw me and I was videotaping it.
[57:12.240 --> 57:17.240]  And he ran up to me in a very brisk walk and got in my face and said,
[57:17.240 --> 57:21.240]  go there, I don't care if you videotape, go over there.
[57:21.240 --> 57:25.240]  I said, really, you have no authority to tell me what to do, I'm not in your crime scene.
[57:25.240 --> 57:32.240]  I said, I want to know who the officer is that stuck a gun in my child's face.
[57:32.240 --> 57:35.240]  And he said, no, you go over there.
[57:35.240 --> 57:39.240]  And in the time that he said that, he could have told me who the heck it was.
[57:39.240 --> 57:42.240]  So he's just brushing me off.
[57:42.240 --> 57:46.240]  And he said, when we're dealing with this, when we're done, we'll talk.
[57:46.240 --> 57:48.240]  I said, fine.
[57:48.240 --> 57:52.240]  And he said, go over there again or I'll arrest you for interference.
[57:52.240 --> 57:59.240]  And I turned around and I heard the music.
[57:59.240 --> 58:02.240]  Okay, you got almost a minute.
[58:02.240 --> 58:04.240]  Go, keep going. I'll let you know.
[58:04.240 --> 58:08.240]  Okay, so I turned around and said, don't tell me where to go.
[58:08.240 --> 58:12.240]  And I walked across the street and when I just about across the street all the way,
[58:12.240 --> 58:15.240]  he tackled me and arrested me.
[58:15.240 --> 58:21.240]  And he arrested me for...
[58:21.240 --> 58:26.240]  Anyway, when he arrested me, he put me in the car.
[58:26.240 --> 58:29.240]  I asked him to take me to the magistrate immediately.
[58:29.240 --> 58:32.240]  And I required it. I didn't ask.
[58:32.240 --> 58:36.240]  And I asked him again, why did you tackle me?
[58:36.240 --> 58:39.240]  And he goes, because you were escaping and evading.
[58:39.240 --> 58:42.240]  At no point in time did he say, stop.
[58:42.240 --> 58:43.240]  Okay, wait, hold on. Hold on.
[58:43.240 --> 58:45.240]  We've got to go to our break.
[58:45.240 --> 58:48.240]  We'll pick this up on the other side. We'll be right back.
[58:48.240 --> 58:53.240]  Would you like to make more definite progress in your walk with God?
[58:53.240 --> 59:00.240]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:00.240 --> 59:05.240]  The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:05.240 --> 59:12.240]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:12.240 --> 59:18.240]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.240 --> 59:27.240]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ and how to build up the church.
[59:27.240 --> 59:40.240]  To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll-free at 888-551-0102.
[59:40.240 --> 59:49.240]  That's 888-551-0102. Or visit us online at bfa.org.
[59:49.240 --> 59:59.240]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[59:59.240 --> 01:00:05.240]  The following news flash is brought to you by the Low Star Lowdowns.
[01:00:05.240 --> 01:00:17.240]  Markets for Monday the 22nd of July 2019, open with precious metals, gold at $1,429 an ounce, silver $16.45 an ounce, copper $2.75 an ounce,
[01:00:17.240 --> 01:00:36.240]  oil, Texas crude, $55.63 a barrel, Brent crude, $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core, $10,566.52, Ethereum, $227.26, XRP, Ripple, $33, Litecoin, $100.31,
[01:00:36.240 --> 01:00:45.240]  and Bitcoin Cash is at $324.10 a crypto coin.
[01:00:45.240 --> 01:00:57.240]  Today in history, the year 1916, the Preparedness Day bombing, a time suitcase bomb, was detonated on Market Street in San Francisco during the World War I Preparedness Day Parade,
[01:00:57.240 --> 01:00:59.240]  killing 10 and injuring 40.
[01:00:59.240 --> 01:01:04.240]  Today in history.
[01:01:04.240 --> 01:01:15.240]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing HEPA to tax his law back in June, county prosecutors around the state, including Houston, Austin, San Antonio,
[01:01:15.240 --> 01:01:24.240]  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.
[01:01:24.240 --> 01:01:33.240]  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.
[01:01:33.240 --> 01:01:42.240]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter to county district attorneys back on Thursday that marijuana has not been decriminalized in Texas,
[01:01:42.240 --> 01:01:52.240]  and that these actions demonstrate a misunderstanding of how HB 1325 works, as well as other cities too, like the district attorney in El Paso,
[01:01:52.240 --> 01:02:01.240]  Kyma 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.
[01:02:01.240 --> 01:02:08.240]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County, who stated that, quote,
[01:02:08.240 --> 01:02:22.240]  the law is constantly changing on what makes something illegal based on its chemical makeup. It's important that if someone is charged with something, the test matches what they're charged with.
[01:02:22.240 --> 01:02:39.240]  A paper by Tulane University identified a five-and-a-half-inch American pocket shark 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.
[01:02:39.240 --> 01:02:54.240]  According to the university paper, the shark secretes a lumus fluid from a gland near its front fins. For the purpose, it is hypothesized to lure and prey who may be drawn into the glow.
[01:02:54.240 --> 01:03:09.240]  This is the story of the man who rode you to lowdown for July 22, 2019.
[01:03:09.240 --> 01:03:38.240]  Okay, we are back. Randy Kelton, Brett Fountain, who's on radio, and we're going to have to charge Brett with elder abuse.
[01:03:38.240 --> 01:03:56.240]  He's picking on me on the brakes. Okay, this is Friday the 7th. Brett, this is your fault. Friday the 10th of December, 2021, and we're talking to Gary in Oklahoma.
[01:03:56.240 --> 01:04:13.240]  Okay, Gary, what did they charge you with? They got me on two counts, one with obstruction or interference with officer and resisting arrest.
[01:04:13.240 --> 01:04:20.240]  So what did you do? Did you bruise up the officer's knuckles with your face?
[01:04:20.240 --> 01:04:31.240]  Actually, he scraped his knuckles pretty darn good, and I made a remark, I said, oh, I guess that's what you did.
[01:04:31.240 --> 01:04:35.240]  So he earned it. Okay.
[01:04:35.240 --> 01:04:53.240]  Once he had me on the ground, two others jumped on me and pinned my neck, and I have a back injury, so I told him that, and they finally picked me up. A sergeant came on scene at that time, and I yelled for him.
[01:04:53.240 --> 01:04:59.240]  I said, sergeant, sergeant, check your men, and he just blew me off.
[01:04:59.240 --> 01:05:11.240]  Okay. So then they drug me? Have you read the criminal procedure code for Oklahoma?
[01:05:11.240 --> 01:05:16.240]  I have in the past, and I...
[01:05:16.240 --> 01:05:33.240]  Well, they're not going to help you file charges against them, so you're going to have to go and read it and get familiar with how the process works for you to be able to get those criminal complaints in the hands of somebody who has a duty to act on them, because they're not going to help you.
[01:05:33.240 --> 01:05:37.240]  Have you been listening to the show?
[01:05:37.240 --> 01:05:40.240]  I just now.
[01:05:40.240 --> 01:05:46.240]  Okay. So we go over regularly how to go after these guys.
[01:05:46.240 --> 01:05:55.240]  We have a whole process, but I haven't worked much with California. I mean, I'm sorry, with Oklahoma law.
[01:05:55.240 --> 01:06:04.240]  When I say criminal procedure code, how did you know enough to ask them to take you to a magistrate?
[01:06:04.240 --> 01:06:18.240]  I've been studying a little bit here and there, and in the statute of Oklahoma, it states quite clearly that when you're arrested, you'd be taken to the magistrate immediately.
[01:06:18.240 --> 01:06:24.240]  And what is the magistrate required to do?
[01:06:24.240 --> 01:06:36.240]  Wait, before you answer that, let me explain why I'm asking that. In Texas, when you... Well, before a magistrate, the magistrate is to hold a hearing.
[01:06:36.240 --> 01:06:53.240]  He's a certain rights he's required to grant you, and once he's finished with the hearing and makes a determination, he is to issue an order and seal that order in an envelope and forward it to the clerk of the court of jurisdiction.
[01:06:53.240 --> 01:06:56.240]  This is where we get them.
[01:06:56.240 --> 01:06:57.240]  Right.
[01:06:57.240 --> 01:07:12.240]  Looking in Oklahoma law for this statutory procedure that moves jurisdiction from the magistrate to the courts.
[01:07:12.240 --> 01:07:18.240]  If you're in Texas and you get arrested, they take you straight to jail, just like they did you.
[01:07:18.240 --> 01:07:24.240]  They bring you before a magistrate, and he does what they call a magistration.
[01:07:24.240 --> 01:07:31.240]  But there never is an examining trial, and the magistrate never issues an order and files it with the clerk of the court.
[01:07:31.240 --> 01:07:43.240]  In Texas, it says, if an order is not filed within 48 hours, the accused has a right to discharge.
[01:07:43.240 --> 01:07:49.240]  That's why I want you to look at the procedure code.
[01:07:49.240 --> 01:07:53.240]  What is the officer required to do when he makes an arrest?
[01:07:53.240 --> 01:07:58.240]  Look up examining trial or preliminary hearing.
[01:07:58.240 --> 01:08:01.240]  In most states, they call it preliminary hearing.
[01:08:01.240 --> 01:08:06.240]  And see what the code says about a preliminary hearing in Oklahoma.
[01:08:06.240 --> 01:08:09.240]  What are the steps the judge has to go through?
[01:08:09.240 --> 01:08:13.240]  Excuse me, and take a look at this, too.
[01:08:13.240 --> 01:08:15.240]  I just stumbled across this one.
[01:08:15.240 --> 01:08:17.240]  This might help get you off the hook.
[01:08:17.240 --> 01:08:26.240]  It says this is under Oklahoma statutes, Title 22, and it's 22-31, Who May Resist?
[01:08:26.240 --> 01:08:37.240]  Lawful resistance to the commission of a public offense may be made by the party about to be injured and by other parties.
[01:08:37.240 --> 01:08:41.240]  They're going to say you were resisting.
[01:08:41.240 --> 01:08:49.240]  Yeah, I was unaware of my being tackled, and I was unaware I was going to be injured.
[01:08:49.240 --> 01:08:55.240]  And I didn't resist once he put me on the ground.
[01:08:55.240 --> 01:08:59.240]  Okay, once he puts you on the ground.
[01:08:59.240 --> 01:09:01.240]  Yeah.
[01:09:01.240 --> 01:09:06.240]  When he tackled you, did he take you straight to the ground?
[01:09:06.240 --> 01:09:09.240]  Yeah, I'm in full out.
[01:09:09.240 --> 01:09:12.240]  He came up behind you, yeah.
[01:09:12.240 --> 01:09:15.240]  Oh, yeah, I didn't even hear him coming.
[01:09:15.240 --> 01:09:20.240]  I had my hoodie on, and I couldn't hear him.
[01:09:20.240 --> 01:09:23.240]  Was your camera still rolling?
[01:09:23.240 --> 01:09:27.240]  Yes, and they threw it across the street.
[01:09:27.240 --> 01:09:28.240]  Did they damage you?
[01:09:28.240 --> 01:09:37.240]  No, my son was also video the incident as well, and he was about, I don't know, 20, 30 yards away.
[01:09:37.240 --> 01:09:40.240]  Have you put this on YouTube?
[01:09:40.240 --> 01:09:43.240]  I was wanting to, but I didn't.
[01:09:43.240 --> 01:09:45.240]  Do so, do so.
[01:09:45.240 --> 01:09:46.240]  Okay, all right.
[01:09:46.240 --> 01:09:48.240]  This is the kind of thing that can go viral.
[01:09:48.240 --> 01:09:54.240]  Send me an email, and I'll get you in touch with someone who can help you get it to go viral.
[01:09:54.240 --> 01:09:58.240]  They smashed his window out and drug him through the window.
[01:09:58.240 --> 01:10:04.240]  He put that on YouTube and got two million hits, a little over two million hits.
[01:10:04.240 --> 01:10:08.240]  Yeah, he's the one that referred me to you to get on the show.
[01:10:08.240 --> 01:10:10.240]  Oh, okay.
[01:10:10.240 --> 01:10:12.240]  Good.
[01:10:12.240 --> 01:10:15.240]  Then it's all his fault.
[01:10:15.240 --> 01:10:17.240]  Yeah.
[01:10:17.240 --> 01:10:20.240]  We cut Scott no slack.
[01:10:20.240 --> 01:10:23.240]  Yeah, right.
[01:10:23.240 --> 01:10:30.240]  But if you know Scott, you know he deserves no slack.
[01:10:30.240 --> 01:10:33.240]  He's a hard worker.
[01:10:33.240 --> 01:10:37.240]  Okay, so read that part of the code.
[01:10:37.240 --> 01:10:49.240]  You don't have to read the whole code, but generally in the first part of the criminal procedure code, the first half a dozen chapters, and this doesn't take long to read because it's all outlined.
[01:10:49.240 --> 01:10:54.240]  There's a lot of white space in there and there's a bunch of stuff in there that you'll read it and it's clear.
[01:10:54.240 --> 01:10:56.240]  It's not relevant.
[01:10:56.240 --> 01:10:58.240]  So you can go through it quickly.
[01:10:58.240 --> 01:11:01.240]  And what I suggest people do is just read through it.
[01:11:01.240 --> 01:11:03.240]  Don't try to understand all of it.
[01:11:03.240 --> 01:11:05.240]  Just read it.
[01:11:05.240 --> 01:11:07.240]  Then go back to the start and read it again.
[01:11:07.240 --> 01:11:13.240]  The second time you read it, you'll start making connections front to back.
[01:11:13.240 --> 01:11:20.240]  And you'll understand the code better than most lawyers I've ever come across.
[01:11:20.240 --> 01:11:24.240]  Some of them come across a lawyer who understands the code at all.
[01:11:24.240 --> 01:11:30.240]  Did you hear the beginning of the show when I was talking about Victoria County?
[01:11:30.240 --> 01:11:32.240]  Yes.
[01:11:32.240 --> 01:11:37.240]  That's what happens to you when you read the code a couple of times.
[01:11:37.240 --> 01:11:38.240]  Okay.
[01:11:38.240 --> 01:11:46.240]  They start telling you how they do things and immediately you'll know when it's within code and when it's not within code.
[01:11:46.240 --> 01:11:52.240]  If you've read it twice, you won't feel like you really understand the code.
[01:11:52.240 --> 01:11:58.240]  But when they start addressing the code, it'll come back to you and you will hammer them.
[01:11:58.240 --> 01:12:07.240]  But especially look for the part about the arrest procedures because this goes to due process.
[01:12:07.240 --> 01:12:10.240]  Due process is harm per se.
[01:12:10.240 --> 01:12:14.240]  Have you been tried for this?
[01:12:14.240 --> 01:12:16.240]  No.
[01:12:16.240 --> 01:12:19.240]  Let me run through the rest of it.
[01:12:19.240 --> 01:12:20.240]  Okay.
[01:12:20.240 --> 01:12:24.240]  You'll see that there's more.
[01:12:24.240 --> 01:12:26.240]  They took me to jail.
[01:12:26.240 --> 01:12:28.240]  I did not give my name.
[01:12:28.240 --> 01:12:35.240]  And when they asked me my name, I said, I'm not going to aid in a bed in a false arrest or false imprisonment.
[01:12:35.240 --> 01:12:39.240]  And the supervisor did the nod and they put me in the drunk tank.
[01:12:39.240 --> 01:12:44.240]  It was nice and warm in there until I did that and they turned the freezer up.
[01:12:44.240 --> 01:12:48.240]  So they turned the temperature way down.
[01:12:48.240 --> 01:12:53.240]  And I noticed that when they cuffed me, they cut my wrist.
[01:12:53.240 --> 01:13:00.240]  And so I screamed for probably about two hours for a medical.
[01:13:00.240 --> 01:13:05.240]  And they finally had a nurse that kind of put a bandage on it and said, no, I want to go to the hospital.
[01:13:05.240 --> 01:13:07.240]  My back's hurting too.
[01:13:07.240 --> 01:13:17.240]  And the supervisor said, well, we're not going to get you an ambulance or a paramedics unless you sign this thing.
[01:13:17.240 --> 01:13:24.240]  And I looked at it and I said, I'm not signing anything and he slammed the door and I said, oh, okay, you're going to deny me medical services.
[01:13:24.240 --> 01:13:25.240]  Great.
[01:13:25.240 --> 01:13:26.240]  Okay.
[01:13:26.240 --> 01:13:27.240]  That'll go on it too.
[01:13:27.240 --> 01:13:38.240]  And that's all I said in about five minutes later, the paramedics came in and they did a check and they said, well, a police officer can take you to the hospital.
[01:13:38.240 --> 01:13:42.240]  You're not you're not hurting enough to where we need to take you.
[01:13:42.240 --> 01:13:44.240]  So they did.
[01:13:44.240 --> 01:13:51.240]  And when they were inducting me into the hospital, the officer says, she asked what's his name.
[01:13:51.240 --> 01:13:59.240]  And the nurse goes, well, he's one of those sovereign citizens and I was like, whoa, I said that you're just you're speaking for me.
[01:13:59.240 --> 01:14:07.240]  And I said, I'm not a sovereign citizen or wherever it is you're trying to classify me as.
[01:14:07.240 --> 01:14:10.240]  And she the nurse goes, oh, he's one of those.
[01:14:10.240 --> 01:14:11.240]  Okay.
[01:14:11.240 --> 01:14:14.240]  So I didn't give my name ever.
[01:14:14.240 --> 01:14:17.240]  And they did that.
[01:14:17.240 --> 01:14:20.240]  Did they charge you with failure to identify?
[01:14:20.240 --> 01:14:21.240]  No.
[01:14:21.240 --> 01:14:22.240]  Oh, okay.
[01:14:22.240 --> 01:14:23.240]  You're lucky.
[01:14:23.240 --> 01:14:24.240]  I was.
[01:14:24.240 --> 01:14:28.240]  Well, I wasn't going to identify because it was a false arrest.
[01:14:28.240 --> 01:14:32.240]  It's only if you're legally lawfully arrested and I wasn't number one.
[01:14:32.240 --> 01:14:33.240]  Okay.
[01:14:33.240 --> 01:14:35.240]  Does this anything.
[01:14:35.240 --> 01:14:36.240]  So.
[01:14:36.240 --> 01:14:37.240]  Okay.
[01:14:37.240 --> 01:14:38.240]  We got that part.
[01:14:38.240 --> 01:14:48.240]  Once you're under arrest, even if it's an illegal arrest in Texas, you're required to identify yourself, but only once you're arrested.
[01:14:48.240 --> 01:14:51.240]  I don't know if they have that in Oklahoma or not.
[01:14:51.240 --> 01:14:55.240]  Even if it's unlawful, because I have to be lawful arrested, right?
[01:14:55.240 --> 01:14:56.240]  No.
[01:14:56.240 --> 01:14:57.240]  Never stops them.
[01:14:57.240 --> 01:14:59.240]  They'll charge you with it anyway.
[01:14:59.240 --> 01:15:00.240]  Yeah.
[01:15:00.240 --> 01:15:01.240]  And that's the problem.
[01:15:01.240 --> 01:15:03.240]  They'll charge you with it and you have to fight it.
[01:15:03.240 --> 01:15:06.240]  And the courts are horribly corrupt.
[01:15:06.240 --> 01:15:07.240]  Well, they didn't do that.
[01:15:07.240 --> 01:15:08.240]  So.
[01:15:08.240 --> 01:15:10.240]  Let's go out there.
[01:15:10.240 --> 01:15:20.240]  Then they took me to county jail after they did x-rays and bandaged my, my wrist up and in County.
[01:15:20.240 --> 01:15:24.240]  I went ahead and bailed out.
[01:15:24.240 --> 01:15:28.240]  I wrote an affidavit to the courts.
[01:15:28.240 --> 01:15:31.240]  It was like three weeks later, I was supposed to be in court.
[01:15:31.240 --> 01:15:33.240]  That was the court date.
[01:15:33.240 --> 01:15:39.240]  And what I did was I did a special appearance on paper and I did affidavit.
[01:15:39.240 --> 01:15:47.240]  And I put in so much paperwork to the DA for discovery.
[01:15:47.240 --> 01:15:54.240]  I wanted the investigative report that he's supposed to review before he brings the case toward the court.
[01:15:54.240 --> 01:16:00.240]  I wrote an admissions, which was roughly eight questions.
[01:16:00.240 --> 01:16:03.240]  And he didn't answer anything.
[01:16:03.240 --> 01:16:10.240]  I put a motion to dismiss for lack of evidence and no jurisdiction and no standing.
[01:16:10.240 --> 01:16:13.240]  And what else?
[01:16:13.240 --> 01:16:24.240]  Of course, I called the courts and asked for an extension on the date of the court so I could get that information, which they denied me.
[01:16:24.240 --> 01:16:38.240]  And from what I know, they, they took the bond and then just here to say, I haven't been able to verify it, but she put a bench warrant on me.
[01:16:38.240 --> 01:16:44.240]  Man, you're just not playing very easy. You're not like being the easy victim here.
[01:16:44.240 --> 01:16:50.240]  You make it hard on them, right? That's extra paperwork. That's not very thoughtful of you.
[01:16:50.240 --> 01:16:57.240]  Well, the county, I did just fine. They were wonderful. They were nice gentlemen.
[01:16:57.240 --> 01:17:00.240]  Well, look, what were you writing?
[01:17:00.240 --> 01:17:05.240]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[01:17:05.240 --> 01:17:09.240]  Stop debt collectors now with the Michael Mearris Proven Method.
[01:17:09.240 --> 01:17:14.240]  Michael Mearris has won six cases in federal court against debt collectors and now you can win two.
[01:17:14.240 --> 01:17:20.240]  You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statute,
[01:17:20.240 --> 01:17:26.240]  what to do when contacted by phones, mail, or court summons, how to answer letters and phone calls,
[01:17:26.240 --> 01:17:33.240]  how to get debt collectors out of your credit report, how to turn the financial tables on them and make them pay you to go away.
[01:17:33.240 --> 01:17:38.240]  The Michael Mearris Proven Method is the solution for how to stop debt collectors.
[01:17:38.240 --> 01:17:40.240]  Personal consultation is available as well.
[01:17:40.240 --> 01:17:46.240]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mearris banner,
[01:17:46.240 --> 01:17:49.240]  or email MichaelMearris at yahoo.com.
[01:17:49.240 --> 01:17:59.240]  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 now.
[01:17:59.240 --> 01:18:04.240]  I love logos. Without the shows on this network, I'd be almost as ignorant as my friends.
[01:18:04.240 --> 01:18:08.240]  I'm so addicted to the truth now that there's no going back. I need my truth fix.
[01:18:08.240 --> 01:18:13.240]  I'd be lost without logos, and I really want to help keep this network on the air.
[01:18:13.240 --> 01:18:18.240]  I'd love to volunteer as a show producer, but I'm a bit of a Luddite, and I really don't have any money to give,
[01:18:18.240 --> 01:18:22.240]  because I spent it all on supplements. How can I help logos?
[01:18:22.240 --> 01:18:27.240]  Well, I'm glad you asked. Whenever you order anything from Amazon, you can help logos.
[01:18:27.240 --> 01:18:31.240]  With ordering your supplies or holiday gifts, first thing you do is clear your cookies.
[01:18:31.240 --> 01:18:34.240]  Now, go to logosradio network.com.
[01:18:34.240 --> 01:18:37.240]  Click on the Amazon logo and bookmark it.
[01:18:37.240 --> 01:18:43.240]  Now, when you order anything from Amazon, you use that link, and logos gets a few pesos.
[01:18:43.240 --> 01:18:44.240]  Do I pay extra?
[01:18:44.240 --> 01:18:45.240]  No.
[01:18:45.240 --> 01:18:47.240]  Do you have to do anything different when I order?
[01:18:47.240 --> 01:18:48.240]  No.
[01:18:48.240 --> 01:18:49.240]  Can I use my Amazon Prime?
[01:18:49.240 --> 01:18:51.240]  No. I mean, yes.
[01:18:51.240 --> 01:18:56.240]  Wow, giving without doing anything or spending any money, this is perfect. Thank you so much.
[01:18:56.240 --> 01:18:58.240]  We are logos.
[01:18:58.240 --> 01:19:10.240]  Happy holidays, logos.
[01:19:28.240 --> 01:19:56.240]  Okay, we are back. Randy Calvin, Brett Fountain, Rue's Law Radio, and we're talking to Gary in Oklahoma.
[01:19:56.240 --> 01:20:09.240]  Okay, Gary, this is somewhat complex, and before I can give you any kind of reasonable direction,
[01:20:09.240 --> 01:20:13.240]  I need a timeline.
[01:20:13.240 --> 01:20:17.240]  It's more complex.
[01:20:17.240 --> 01:20:24.240]  It's too complex for this show and the time we have.
[01:20:24.240 --> 01:20:29.240]  Can you write me a timeline? This happened, this happened, this happened, this happened.
[01:20:29.240 --> 01:20:34.240]  Just the happenings, no argument, no explanation.
[01:20:34.240 --> 01:20:37.240]  This is a memory device.
[01:20:37.240 --> 01:20:38.240]  Right.
[01:20:38.240 --> 01:20:43.240]  This is so we get everything in the right chronological order.
[01:20:43.240 --> 01:20:53.240]  And this, everything that happened, even things you may or may not think are important.
[01:20:53.240 --> 01:20:54.240]  Right.
[01:20:54.240 --> 01:20:59.240]  You're inside the occurrences. You're part of it.
[01:20:59.240 --> 01:21:08.240]  And you tend to, when you go through what occurred, you tend to move from one emotional high point to the next, to the next, to the next.
[01:21:08.240 --> 01:21:15.240]  I'd listen to your presentation and I'm thinking, there's got to be stuff in between there.
[01:21:15.240 --> 01:21:20.240]  You're going to what you consider to be important and critical.
[01:21:20.240 --> 01:21:23.240]  But I'm looking at it from a different perspective than you are.
[01:21:23.240 --> 01:21:27.240]  I'm looking at it strictly from a legal perspective.
[01:21:27.240 --> 01:21:31.240]  And I see gaps.
[01:21:31.240 --> 01:21:34.240]  So give me a timeline.
[01:21:34.240 --> 01:21:37.240]  Timeline gets everything in order.
[01:21:37.240 --> 01:21:44.240]  And then write the timeline, set it down for a couple of days and go back and go back over it.
[01:21:44.240 --> 01:21:50.240]  And you'll start remembering stuff that went in between the spaces.
[01:21:50.240 --> 01:21:54.240]  Once you go, you can go over it and not remember anything that goes in the spaces.
[01:21:54.240 --> 01:21:56.240]  Then we've got a good timeline.
[01:21:56.240 --> 01:22:00.240]  That will be the most powerful tool you can have.
[01:22:00.240 --> 01:22:07.240]  We'll never use that in court, but we'll use that to develop the rest of the documents.
[01:22:07.240 --> 01:22:16.240]  I have a methodology for building complex legal documents and addressing complex legal issues.
[01:22:16.240 --> 01:22:18.240]  Let's start with a timeline.
[01:22:18.240 --> 01:22:32.240]  They move on to points and authorities, to claims and causes of action, to introduction, to statement of facts in that order.
[01:22:32.240 --> 01:22:35.240]  Statement of facts is the last thing you do.
[01:22:35.240 --> 01:22:40.240]  That's why I don't want all the argument, all the detail on the facts.
[01:22:40.240 --> 01:22:42.240]  I just want a timeline.
[01:22:42.240 --> 01:22:45.240]  We'll get to the facts later.
[01:22:45.240 --> 01:22:53.240]  You only want to put in the facts that go to the causes of that, claims and causes of action that you're bringing,
[01:22:53.240 --> 01:22:57.240]  that are supported by the points and authorities.
[01:22:57.240 --> 01:23:01.240]  While this would be a large complex document, a set of documents,
[01:23:01.240 --> 01:23:08.240]  it starts with one piece and each next step adds to the one before it.
[01:23:08.240 --> 01:23:13.240]  Each one in and of itself is not so difficult.
[01:23:13.240 --> 01:23:16.240]  First thing, give me a timeline.
[01:23:16.240 --> 01:23:24.240]  Read the timeline and then call back in and we can have a much more productive conversation.
[01:23:24.240 --> 01:23:31.240]  Okay. Well, yeah.
[01:23:31.240 --> 01:23:34.240]  Finish up real quick because it gets more complex.
[01:23:34.240 --> 01:23:36.240]  Yes.
[01:23:36.240 --> 01:23:38.240]  Okay, go ahead.
[01:23:38.240 --> 01:23:40.240]  Quickly.
[01:23:40.240 --> 01:23:48.240]  After I got out of the jail, that end of the week, I got a hospital bill and I called the administration and I said,
[01:23:48.240 --> 01:23:57.240]  you need to call the city's manager or police department. They're liable for this injury and billing.
[01:23:57.240 --> 01:24:07.240]  And they called the police department and the police department told them they never had me in custody.
[01:24:07.240 --> 01:24:22.240]  Anyway, and then the next day I got out of jail, code enforcement came by and wrote me two citations for a trailer that's on the side of my house with lumber on it.
[01:24:22.240 --> 01:24:26.240]  They said it was trash and there was a trailer on it.
[01:24:26.240 --> 01:24:33.240]  So that's the collusion that the police department sucked their dogs on me for code violation.
[01:24:33.240 --> 01:24:38.240]  Oh, wonderful. This is wonderful.
[01:24:38.240 --> 01:24:50.240]  You get to make the constitutional argument that the codes don't apply to you. That'll give a map of Plexi.
[01:24:50.240 --> 01:25:00.240]  Yeah. Well, I was studying just here last week on tort claims because of that.
[01:25:00.240 --> 01:25:16.240]  Well, most of these with the attack will be a tort claim, but sending the city to retaliate against you, that gives you the opportunity to make a constitutional claim.
[01:25:16.240 --> 01:25:28.240]  And they really, really hate constitutional claims. And in evaluating your case, that's what we'll be looking for is constitutional claims.
[01:25:28.240 --> 01:25:33.240]  That's why we go into detail on due process.
[01:25:33.240 --> 01:25:40.240]  We want to take their policies and apply their policies to black letter law.
[01:25:40.240 --> 01:25:52.240]  Earlier on when I was talking about this officer in Victoria County, he told me that, you know, they have their rules and procedures and policies.
[01:25:52.240 --> 01:26:03.240]  And I told him rules, regulations and policies. And I told him, well, as far as I'm concerned, you can use those for toilet paper because I have statutes.
[01:26:03.240 --> 01:26:17.240]  And when you start taking on their procedures, then they want your case to go away because if you get a positive ruling, then their whole system gets screwed up.
[01:26:17.240 --> 01:26:23.240]  So is, okay, is that pretty much the end of it?
[01:26:23.240 --> 01:26:25.240]  Code enforcement.
[01:26:25.240 --> 01:26:30.240]  Yeah, the code enforcement. I wrote a letter back to code enforcement.
[01:26:30.240 --> 01:26:39.240]  And I called him a couple weeks later because they gave me a response that they're going to take me to court.
[01:26:39.240 --> 01:26:57.240]  And I called him up and he says, yeah, we'll just see you in court. And he hung up. And I called back three weeks later. I did respond with an affidavit to him saying that, you know, I turned him into the postmaster general for mail fraud,
[01:26:57.240 --> 01:27:05.240]  threats through the mail, embezzlement through the mail, trying to embezzle money from me, paying the citations.
[01:27:05.240 --> 01:27:18.240]  And when I called three weeks later after talking to him, I called the clerk and she says those cases don't exist. They're closed.
[01:27:18.240 --> 01:27:20.240]  Planning how that happens.
[01:27:20.240 --> 01:27:27.240]  Yeah, the citations are gone. For the code enforcement, at least.
[01:27:27.240 --> 01:27:31.240]  Okay, I'm going to suggest leave that alone.
[01:27:31.240 --> 01:27:42.240]  Yeah, pick your battles carefully. You can get more fights than you can ever get to. And this is what the timeline will help us sort out.
[01:27:42.240 --> 01:27:43.240]  Okay.
[01:27:43.240 --> 01:27:54.240]  You can always get way more claims than you can ever get to. So what we do is we do the timeline and then we do points and authorities.
[01:27:54.240 --> 01:28:14.240]  We figure out all the claims that exist. And then we look at torts and causes of action and figure out we want to make up a story and only pick those claims that fit your story.
[01:28:14.240 --> 01:28:24.240]  If you get claims that would make the person look at this and not understand how it relates to everything else that's going on, you lose your momentum.
[01:28:24.240 --> 01:28:33.240]  So we want to build this cohesive and coherent story that walks from the front to the back.
[01:28:33.240 --> 01:28:43.240]  And we do those from the claims that we can make. Those bad things that happen from which you can't make claims, we don't care about it. We toss those out.
[01:28:43.240 --> 01:28:52.240]  And once we have our claims in place, then we go back to our points and authorities and take out all the stuff we're not going to adjudicate.
[01:28:52.240 --> 01:29:01.240]  And then we do our legal research for all of the case law and support of our claims. Then we go to our introduction.
[01:29:01.240 --> 01:29:20.240]  This is what we're going to prove. Then we go to the statement of facts and we only put in those facts that would lead a reasonable person of ordinary prudence to come to the same conclusions that we're going to come to later.
[01:29:20.240 --> 01:29:35.240]  And to the conclusions we told them we're going to come to. They'll take the facts and measure them, I guess, what you said you were going to prove. And if they can look at the facts and see how you got to your conclusions, now you've got rapport.
[01:29:35.240 --> 01:29:49.240]  Statement of facts is an art form. And that's why it's the last thing we do and it's the most important thing we do. This will make more sense. Give me a timeline and we'll talk next week.
[01:29:49.240 --> 01:29:59.240]  All right. Okay. Thank you. Got to go about going to break. Randy Kelton, Brett Bellman, we'll be right back. Bye.
[01:30:20.240 --> 01:30:26.240]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.240 --> 01:30:44.240]  So protect your rights. Say no to surveillance and keep your information to yourself. Privacy. It's worth hanging on to. This message is brought to you by startpage.com, the private search engine alternative to Google, Yahoo, and Bing. Start over with Start Page.
[01:30:44.240 --> 01:30:52.240]  Governments love power, so it's only natural they'd want to control the power going into your home too with a smart grid.
[01:30:52.240 --> 01:30:59.240]  So they're installing a national network of smart meters to remotely monitor electric use for efficiency and avoid grid failure.
[01:30:59.240 --> 01:31:14.240]  But cybersecurity expert David Choch says not so fast, if we make the national power grid controllable through the web, hackers will have a field day. Working remotely, they could tap in and black out the entire nation, leaving us vulnerable to our enemies.
[01:31:14.240 --> 01:31:23.240]  I'd want to pose smart meters for privacy and health reasons. The catastrophic failures caused by hackers? There's nothing smart about that.
[01:31:23.240 --> 01:31:29.240]  I'm Dr. Catherine Albrecht for startpage.com, the world's most private search engine.
[01:31:53.240 --> 01:32:01.240]  I'm a father who lost his son. We're Americans, and we deserve the truth. Go to RememberBuilding7.org today.
[01:32:23.240 --> 01:32:26.240]  Learn how to enforce and preserve our rights through due process.
[01:32:26.240 --> 01:32:36.240]  Former Sheriff's Deputy A. Craig in conjunction with 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.
[01:32:36.240 --> 01:32:41.240]  You can get your own copy of this invaluable material by going to ruleoflawradio.com and ordering your copy today.
[01:32:41.240 --> 01:32:48.240]  By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law Versus the Lie, video and audio of the original 2009 seminar.
[01:32:48.240 --> 01:32:55.240]  Hundreds of research documents and other useful resource material. Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[01:32:55.240 --> 01:33:21.240]  By ordering your copy today and together, we can have the free society we all want and deserve.
[01:33:25.240 --> 01:33:35.240]  You can get your own copy of Eddie's book, The Texas Transportation Code, The Law Versus the Lie, video and audio of the original 2009 seminar.
[01:33:55.240 --> 01:34:00.240]  Truth in nature must be justice.
[01:34:00.240 --> 01:34:03.240]  And though it's a daunting task,
[01:34:03.240 --> 01:34:06.240]  At least I got the disease in my eyes.
[01:34:06.240 --> 01:34:10.240]  And I'm all but just take off the silly mind.
[01:34:10.240 --> 01:34:13.240]  And in the light of day, we all will pass.
[01:34:13.240 --> 01:34:17.240]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:34:17.240 --> 01:34:20.240]  And we're going to Ted in Colorado. Hello Ted.
[01:34:20.240 --> 01:34:23.240]  Ted in Colorado. Ted in California.
[01:34:23.240 --> 01:34:27.240]  Hello Ted. What do you have for us today?
[01:34:27.240 --> 01:34:30.240]  Good evening, Dr. Kelton.
[01:34:30.240 --> 01:34:35.240]  I have a question. Did you have a trial today?
[01:34:35.240 --> 01:34:40.240]  No, it's next Monday and I'm pretty sure it's not going to happen.
[01:34:40.240 --> 01:34:43.240]  Oh, okay, okay. I got my dates wrong.
[01:34:43.240 --> 01:34:46.240]  Okay, what do you have for us?
[01:34:46.240 --> 01:34:56.240]  Well, first, Randy, anybody that wants to listen in can, the phone number, you can call into the court.
[01:34:56.240 --> 01:35:02.240]  It's 888-398-2342.
[01:35:02.240 --> 01:35:08.240]  And then the access code is 782-0619.
[01:35:08.240 --> 01:35:16.240]  You can go to Santa Clara County Court website and on the main page on the left-hand side in red lettering.
[01:35:16.240 --> 01:35:20.240]  A lot of people don't see that red lettering. I didn't see it for a long time.
[01:35:20.240 --> 01:35:29.240]  You can click on that and just go down, scroll down to Department 24 because the hearing is going to be in Department 24.
[01:35:29.240 --> 01:35:38.240]  And this will be about the 15th or 16th time that I am appearing for child.
[01:35:38.240 --> 01:35:46.240]  And like all the other times, I anticipate that it will be continued for another two months.
[01:35:46.240 --> 01:35:51.240]  What I really have for you though is I'm not sure I brought this up on the radio yet.
[01:35:51.240 --> 01:36:08.240]  In the last hearing I went to in the middle of October that people that have been following this recall that the judge put the public defender on me almost two years ago.
[01:36:08.240 --> 01:36:15.240]  And I immediately turned around and sued the public defender and the deputy public defender.
[01:36:15.240 --> 01:36:27.240]  So with that background, what happened at this last hearing this October, we walked out of the court and this public defender follows me.
[01:36:27.240 --> 01:36:32.240]  And we get outside and we get down the street.
[01:36:32.240 --> 01:36:38.240]  And I had a couple of interactions with him as he followed me.
[01:36:38.240 --> 01:36:47.240]  But this last interaction was basically I turned him and said, I'm suing you. You're represented by a county lawyer.
[01:36:47.240 --> 01:36:51.240]  And I'm suing you in Superior Court.
[01:36:51.240 --> 01:36:57.240]  And I'm suing the DA prosecutor in Federal Court.
[01:36:57.240 --> 01:37:01.240]  And you both have the same county lawyer representing you.
[01:37:01.240 --> 01:37:03.240]  That's collusion.
[01:37:03.240 --> 01:37:09.240]  And I know about the secret meetings with the judge.
[01:37:09.240 --> 01:37:18.240]  And he, the public defender, Howard Goldman, buckled at the knees, seemed to shake.
[01:37:18.240 --> 01:37:26.240]  I immediately became concerned at that point because I thought he might have been having a heart attack or something.
[01:37:26.240 --> 01:37:34.240]  And he's in with sweat bullets coming out of his forehead, screamed at me.
[01:37:34.240 --> 01:37:40.240]  Why don't you have another heart attack and die?
[01:37:40.240 --> 01:37:55.240]  And I actually was at the moment was more concerned for him because of his physiology, but I did keep my distance.
[01:37:55.240 --> 01:38:01.240]  And I actually turned and started to walk away.
[01:38:01.240 --> 01:38:12.240]  Another female from the public defender's office runs up and grabs ahold of him and tells me she's going to call the police.
[01:38:12.240 --> 01:38:16.240]  And I said, go ahead. He's harassing me.
[01:38:16.240 --> 01:38:21.240]  And I said, yeah, get him out here. And he just wished death on me.
[01:38:21.240 --> 01:38:26.240]  I called the police. And that was the end of that. I haven't heard anything.
[01:38:26.240 --> 01:38:32.240]  And about a week ago, I got a weird phone message from an unknown caller.
[01:38:32.240 --> 01:38:36.240]  He says he's a lawyer and he wants me to contact him.
[01:38:36.240 --> 01:38:41.240]  Well, if somebody doesn't tell me, it's just a stupid message.
[01:38:41.240 --> 01:38:45.240]  He did say his name. He said he was a lawyer.
[01:38:45.240 --> 01:38:48.240]  He didn't say anything else other than that.
[01:38:48.240 --> 01:39:02.240]  He sent me a text message saying his name and that he is in the independent defender's office.
[01:39:02.240 --> 01:39:09.240]  So you have public defender, alternate defender and independent defender.
[01:39:09.240 --> 01:39:20.240]  Now, of course, I haven't contacted him. And I surmised that based on what I just described to you that Goldman has finally tapped out.
[01:39:20.240 --> 01:39:26.240]  And this guy is calling me trying to represent me.
[01:39:26.240 --> 01:39:33.240]  And so I anticipate on Monday that some kind of goings on to that effect will happen.
[01:39:33.240 --> 01:39:39.240]  What does this independent defender, alternate defender, what does that even mean?
[01:39:39.240 --> 01:39:46.240]  Is that like communism versus socialism versus fascism? I don't get it.
[01:39:46.240 --> 01:39:56.240]  What it means is, out here, typically what happens is if you have two defendants in a case and they're both being charged,
[01:39:56.240 --> 01:40:05.240]  sometimes one of them will, one gets the public defender, the other one gets the alternate defender.
[01:40:05.240 --> 01:40:17.240]  Now, independent defender is basically just outside law firms that put their volunteer themselves to take these cases.
[01:40:17.240 --> 01:40:21.240]  And the court's going to have to pay.
[01:40:21.240 --> 01:40:27.240]  But that's what that's all about Brett. Very good question.
[01:40:27.240 --> 01:40:36.240]  But you're absolutely right. They're all, I mean, I do see a different, you know, a public defender works for the county.
[01:40:36.240 --> 01:40:42.240]  Okay. And the alternate defender, I believe, is still county funded.
[01:40:42.240 --> 01:40:48.240]  And then the independent, independent is just individual lawyer.
[01:40:48.240 --> 01:40:57.240]  And kudos to Tina, because I gave her this guy's name and she already sent me a full report on it.
[01:40:57.240 --> 01:41:04.240]  And it seems like a decent guy. So I'm going to try to be real nice and tell him to walk away.
[01:41:04.240 --> 01:41:08.240]  Otherwise, I'm going to sue him too.
[01:41:08.240 --> 01:41:16.240]  Because they're interfering with my case, trespassing, and I'm not asking for their help.
[01:41:16.240 --> 01:41:23.240]  So that's what I anticipate is going to happen on Monday.
[01:41:23.240 --> 01:41:34.240]  And, you know, there's a procedure. You guys know this is basic that they have to, they have to file with the court.
[01:41:34.240 --> 01:41:36.240]  They have to do a substitution of attorney.
[01:41:36.240 --> 01:41:45.240]  And if that guy gets up and tries to talk on my case and that hasn't been done, I'm going to nail him right there, right on the spot.
[01:41:45.240 --> 01:41:52.240]  And the first reason I don't want this guy is because they picked him.
[01:41:52.240 --> 01:41:57.240]  Okay. And most of his cases are traffic court cases.
[01:41:57.240 --> 01:42:06.240]  He's done some personal injury. He does personal injury and traffic court cases.
[01:42:06.240 --> 01:42:16.240]  Again, he seems like a decent guy, but he does, you know, here's the thing, he doesn't know squat about real estate.
[01:42:16.240 --> 01:42:19.240]  He doesn't have that anywhere in his bio.
[01:42:19.240 --> 01:42:26.240]  And then, Randy, I want to circle back to, and I hate to use that term because I'm not a liberal.
[01:42:26.240 --> 01:42:31.240]  I may live in California, but I'm not a liberal.
[01:42:31.240 --> 01:42:36.240]  Randy, it is critical that people do a timeline.
[01:42:36.240 --> 01:42:47.240]  And you say this, and I don't think people, especially start now in the understand.
[01:42:47.240 --> 01:42:54.240]  And like the guy was describing, you know, it went from bad to worse basically in his situation.
[01:42:54.240 --> 01:43:01.240]  And things just start coming out so fast that you forget the details and it's all in the detail.
[01:43:01.240 --> 01:43:14.240]  And if you don't have a timeline, and again, I don't care any time, anything starts, day one, time, date, who, what, where, when.
[01:43:14.240 --> 01:43:18.240]  If you don't do that, because that's everything.
[01:43:18.240 --> 01:43:30.240]  And just like you said it, Randy, but I don't think people, a lot of people, especially new people can really appreciate the word that you're saying.
[01:43:30.240 --> 01:43:36.240]  Okay, because I find myself in this case now almost seven years.
[01:43:36.240 --> 01:43:47.240]  And I'll tell you, I wanted to do the exercise here because I'm hearing the music, but I'm not prepared to go ahead.
[01:43:47.240 --> 01:43:55.240]  Okay, Randy Kelton, Brett Fountain, Ruvala Radio, we'll be right back.
[01:44:17.240 --> 01:44:25.240]  In a world where natural foods have been irradiated, adulterated, and mutilated, young Jevity can provide the nutrients you need.
[01:44:25.240 --> 01:44:31.240]  Logos Radio Network gets many requests to endorse all sorts of products, most of which we reject.
[01:44:31.240 --> 01:44:34.240]  We have come to trust young Jevity so much.
[01:44:34.240 --> 01:44:39.240]  We became a marketing distributor along with Alex Jones, Ben Fuchs, and many others.
[01:44:39.240 --> 01:44:47.240]  When you order from LogosRadioNetwork.com, your health will improve as you help support quality radio.
[01:44:47.240 --> 01:44:51.240]  As you realize the benefits of young Jevity, you may want to join us.
[01:44:51.240 --> 01:45:02.240]  As a distributor, you can experience improved health, help your friends and family, and increase your income. Order now.
[01:45:02.240 --> 01:45:09.240]  Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney with Jurisdictionary.
[01:45:09.240 --> 01:45:17.240]  The affordable, easy-to-understand 4-CD course that will show you how in 24 hours, step-by-step.
[01:45:17.240 --> 01:45:21.240]  If you have a lawyer, know what your lawyer should be doing.
[01:45:21.240 --> 01:45:25.240]  If you don't have a lawyer, know what you should do for yourself.
[01:45:25.240 --> 01:45:30.240]  Thousands have won with our step-by-step course, and now you can too.
[01:45:30.240 --> 01:45:36.240]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[01:45:36.240 --> 01:45:45.240]  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.
[01:45:45.240 --> 01:45:54.240]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, prosa tactics, and much more.
[01:45:54.240 --> 01:46:03.240]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[01:46:25.240 --> 01:46:34.240]  But okay, we are back. Randy Kelton, we're at Fountain Rule of Law Radio, and this is our last segment.
[01:46:34.240 --> 01:46:40.240]  Ted, how much more do you have? I'd like to get in one more call if I can.
[01:46:40.240 --> 01:46:46.240]  Well, I just want to say something real quick. I can concur that you speak slowly on the radio,
[01:46:46.240 --> 01:46:53.240]  and in fact, if you watch 60 minutes at the pace you speak on the radio, it'll take you an hour and a half.
[01:46:53.240 --> 01:47:05.240]  Well, I do that on purpose. 60 minutes, they're just burping out information.
[01:47:05.240 --> 01:47:17.240]  Here, I'm trying to give information that you can organize and keep, so I practice speaking more slowly.
[01:47:17.240 --> 01:47:26.240]  Randy, you do a tremendous service for everyone, and I want to let this other caller have the floor, so thank you very much.
[01:47:26.240 --> 01:47:28.240]  Thank you, Brett.
[01:47:28.240 --> 01:47:35.240]  Okay, thank you, Ted. Now we're going to go to Trey in Colorado. Hello, Trey.
[01:47:35.240 --> 01:47:38.240]  Hello, hello. How are you doing, gentlemen?
[01:47:38.240 --> 01:47:43.240]  Doing good. What do you have for us today?
[01:47:43.240 --> 01:47:51.240]  I'll try and make it short and sweet, since we're here towards the end of the info marathon.
[01:47:51.240 --> 01:48:04.240]  I was curious if y'all had ever heard of the Cortez Colorado Manufactured Housing Association versus Weblobe County.
[01:48:04.240 --> 01:48:10.240]  No, I don't do much Colorado case law at all. Tell us.
[01:48:10.240 --> 01:48:20.240]  Okay, I think you're going to like this. So, and I put this actually with, I guess, with my pleading for a motion to dismiss.
[01:48:20.240 --> 01:48:29.240]  In this, it clearly has in here basically exactly what's going on with me.
[01:48:29.240 --> 01:48:51.240]  To wear a county ordinance, camping, county ordinance was eliminated, sent to the Court of Appeals by the county, I think, and was then the Court of Appeals basically smacked them down saying, you know, that, no, we agree with the ruling.
[01:48:51.240 --> 01:49:03.240]  And it turns out, even in this court case, it even ends up siding at the end where they actually even changed the county ordinance because of it.
[01:49:03.240 --> 01:49:13.240]  You got me on the cliff. I'm hanging on. What was the ruling?
[01:49:13.240 --> 01:49:37.240]  Yeah, where would I find that? Let's see. This action arises out of Pueblo's refusal to approve a property owner's application for a building permit to install his newly purchased manufacturer home on his Pueblo County property, which is zoned single family residential to R2, which is basically the same thing as mine.
[01:49:37.240 --> 01:49:57.240]  Now, this all got tied in with the Colorado Manufacturing Housing Association because they actually alleged that this was a violation of the Commerce Club saying that they weren't, they're losing money.
[01:49:57.240 --> 01:50:12.240]  Not only did they lose the sale of a mobile home or manufactured home to this Pueblo County resident, but that they, because of these kind of ordinance, they could lose more money down the line.
[01:50:12.240 --> 01:50:24.240]  And that was agreed upon by the county and by the municipal courthouse or county courthouse and by the Court of Appeals.
[01:50:24.240 --> 01:50:27.240]  Wait, wait a minute, wait a minute. You started in the middle of something.
[01:50:27.240 --> 01:50:28.240]  The ordinance.
[01:50:28.240 --> 01:50:37.240]  Okay, wait, wait, wait. How does this go, give us kind of a context from which to understand what you're saying?
[01:50:37.240 --> 01:50:49.240]  Right. Well, yeah, I know you gentlemen, I've berated y'all enough about it, but anyways, long story short, the county here on the next county over, we share the same courthouse with Pueblo County.
[01:50:49.240 --> 01:50:55.240]  We're in Teller County. And we share the same district courthouse.
[01:50:55.240 --> 01:51:08.240]  And they're telling me, you know, I'm illegally quote unquote camping on my own property because I'm living in a mobile home.
[01:51:08.240 --> 01:51:21.240]  So that's, that's where it all comes down. And I have pre-trial on the 16th, so here in just a few days.
[01:51:21.240 --> 01:51:33.240]  Okay, so what is, how does this case with, how is it relevant to, you said motor home or mobile home that you're living in?
[01:51:33.240 --> 01:51:40.240]  Well, that's the thing that's very, what is it that Olivier always says, void for vagueness, right?
[01:51:40.240 --> 01:51:56.240]  So that's the thing. I mean, it's hard to tell what I'm in because according to Teller counties, even their own definitions, I qualify as a dwelling and as a manufactured or modular home.
[01:51:56.240 --> 01:52:15.240]  Because I meet all these different specifications that like the biggest fifth wheel you can ask. But then according to the mobile home, I looked into like even the federal definition, the national definition, and even Colorado's definition, I also qualify as a mobile home as well.
[01:52:15.240 --> 01:52:31.240]  So it's, I kind of, I've argued both points in my, in my pleadings or I don't know what you call it, my documents or files. Try it, try it that way in case they try to argue one point or the other while it's covered.
[01:52:31.240 --> 01:52:48.240]  Okay, wait, wait, I have a question. Before you get to the merits of the case against you, did you argue the constitutionality of the application of an ordinance to a private citizen?
[01:52:48.240 --> 01:53:05.240]  Well, I, I used the subject matter jurisdiction and I had that, that got denied. And then I, I amended that and just recently submitted it again. And I put way more stuff in there this time, plus to put an affidavit in.
[01:53:05.240 --> 01:53:12.240]  Wait, wait, did you bring the constitutional argument about the application of the ordinances?
[01:53:12.240 --> 01:53:25.240]  Well, I put it in there in, in the motion that, you know, that, that ordinances cannot apply to living men and women, sometimes to that effect.
[01:53:25.240 --> 01:53:26.240]  Or else?
[01:53:26.240 --> 01:53:31.240]  So they might not have been able to connect the dots and say that that was a constitutional challenge.
[01:53:31.240 --> 01:53:34.240]  How do I do that exactly? Because I want to get there.
[01:53:34.240 --> 01:53:46.240]  Okay, here's how you get there. The legislature is authorized to write law and they're authorized to create courts and such as they need them.
[01:53:46.240 --> 01:53:55.240]  The legislature has authorized municipalities and counties to write ordinances.
[01:53:55.240 --> 01:54:06.240]  They called them ordinances because the authority to write law that applies to all of the people rests with the legislature and they may not delegate it.
[01:54:06.240 --> 01:54:25.240]  So the only way the authority of the municipality or county to write ordinances to be in paramateria with the constitution. In context.
[01:54:25.240 --> 01:54:39.240]  In line with it is if the ordinance is enforced in a way that doesn't breach the authority of the legislature, only the legislature can write laws that apply to all the people.
[01:54:39.240 --> 01:55:02.240]  So the municipality can write ordinances that apply to a employee of the corporation, the municipal corporation, or people in contractual privity with the corporation who have agreed to the statutory scheme.
[01:55:02.240 --> 01:55:10.240]  If they apply the ordinance to the general public, then it becomes a law and they can't write law.
[01:55:10.240 --> 01:55:15.240]  That makes it unconstitutional. Does that make sense?
[01:55:15.240 --> 01:55:21.240]  Yes, sir. What kind of title on my document or head or what?
[01:55:21.240 --> 01:55:28.240]  Send me an email. I will send you this argument.
[01:55:28.240 --> 01:55:36.240]  It's a challenge to subject matter jurisdiction based on the unconstitutional application of an ordinance.
[01:55:36.240 --> 01:55:38.240]  Was it the Pixler case?
[01:55:38.240 --> 01:55:41.240]  Yes.
[01:55:41.240 --> 01:55:45.240]  I got that one from you and I used that in my motion.
[01:55:45.240 --> 01:55:55.240]  Okay, then you're on. Now they're looking at getting all of their ordinances rendered void.
[01:55:55.240 --> 01:56:05.240]  Now you might want to ask the prosecutor to just dismiss this and I'll drop my constitutional challenge.
[01:56:05.240 --> 01:56:11.240]  As I was reading through that, I want to make sure I understand it from words and back.
[01:56:11.240 --> 01:56:20.240]  Obviously, I didn't just copy and paste it. I put my own spin on it and used Colorado for things and stuff like that as well.
[01:56:20.240 --> 01:56:27.240]  Where is, because I see the challenge to subject matter jurisdiction there at the very beginning.
[01:56:27.240 --> 01:56:32.240]  Is that where the constitutional challenge really is?
[01:56:32.240 --> 01:56:43.240]  Yes, we're saying that it would be unconstitutional to apply the ordinance to the general public
[01:56:43.240 --> 01:56:52.240]  because the municipality or the county cannot write law, only the legislature can.
[01:56:52.240 --> 01:57:04.240]  If you apply the ordinance in a way that applies to the general public, then it becomes unconstitutional because it has the effect of a law.
[01:57:04.240 --> 01:57:07.240]  They can't pass law.
[01:57:07.240 --> 01:57:17.240]  Okay, now what I saw, just so I'm clear here, because I know we're running out of time, but whenever I saw that, I don't know if I remember seeing that in there.
[01:57:17.240 --> 01:57:26.240]  I mean, I remember seeing subject matter jurisdiction at the beginning. I'm just trying to figure out exactly where that was.
[01:57:26.240 --> 01:57:34.240]  I don't have it. Remember, it's been so long since I wrote it. Go back and read it again, looking for that part. It's definitely in there.
[01:57:34.240 --> 01:57:45.240]  And that's why we won the mandamus, because the Court of Appeals did not want that thing to get before the Supreme.
[01:57:45.240 --> 01:57:49.240]  You'll have the same issue here.
[01:57:49.240 --> 01:57:56.240]  It seemed like that document was for the Court of Appeals, because I'm not mistaken.
[01:57:56.240 --> 01:58:00.240]  It was. It was a petition for rid of mandamus.
[01:58:00.240 --> 01:58:04.240]  Excellent. Okay. Excellent.
[01:58:04.240 --> 01:58:12.240]  And you may want to use it that way if these guys are against you. And that's what they'll probably get. They'll probably throw everything out.
[01:58:12.240 --> 01:58:14.240]  Okay.
[01:58:14.240 --> 01:58:20.240]  Yeah, well, I have so many things I want to talk to you about, but I know we're running out of time here.
[01:58:20.240 --> 01:58:22.240]  Send me an email.
[01:58:22.240 --> 01:58:30.240]  Okay. It was, you told me to send you everything I got. And like I said, I have pre-trial on Thursday. I don't want to screw it up.
[01:58:30.240 --> 01:58:34.240]  I might not be as a test son of a gun as you are, Randy.
[01:58:34.240 --> 01:58:41.240]  We're out of time. Send me an email. We'll talk off the air. Randy Kelton, Brett Fountain, rule of law radio.
[01:58:41.240 --> 01:58:53.240]  Thank you all for listening. We'll be back next week. Good night.
[01:59:11.240 --> 01:59:20.240]  Call us toll free at 888-551-0102 or visit us online at bfa.org.
[01:59:20.240 --> 01:59:30.240]  This translation is highly accurate and it comes with over 13,000 cross references, plus charts and maps and an outline for every book of the Bible.
[01:59:30.240 --> 01:59:40.240]  This is truly a Bible you can understand. To get your free copy of the New Testament recovery version, call us toll free at 888-551-0102.
[01:59:40.240 --> 01:59:49.240]  That's 888-551-0102 or visit us online at bfa.org.