[00:00.000 --> 00:10.880]  You're listening to the Liberty Beats, your daily source for Liberty News and activist
[00:10.880 --> 00:16.600]  updates online at thelibertybeats.com.
[00:16.600 --> 00:20.840]  John Bush here with your Liberty Beats for February 8th, 2013.
[00:20.840 --> 00:29.560]  Gold opened today at $1677, silver at $31.76, and Bitcoin is trading at $22.39.
[00:29.560 --> 00:34.600]  Today's edition of the Liberty Beat is sponsored in part by Central Texas Gun Works, offering
[00:34.600 --> 00:39.640]  firearms training courses, concealed carry classes, and firearms sales.
[00:39.640 --> 00:42.200]  Online at centralsexesgunworks.com.
[00:42.200 --> 00:44.080]  And now the news.
[00:44.080 --> 00:49.840]  A former Los Angeles cop with military training vowed war against other men in Blue Thursday,
[00:49.840 --> 00:54.320]  leaving one officer dead days after he allegedly killed two other people to begin a wave of
[00:54.320 --> 00:56.920]  retribution for being fired, police said.
[00:56.920 --> 01:01.600]  The focus of the intensive expanse of manhunt is Christopher Jordan Doerner, a 270-pound
[01:01.600 --> 01:05.840]  former Navy Lieutenant who has professed his venom against LAPD officers he claimed
[01:05.840 --> 01:09.280]  ruined his life by forcing him out of his dream job.
[01:09.280 --> 01:13.960]  Doerner blames one retired officer for bungling his appeal to get his job back in an 11-page
[01:13.960 --> 01:18.360]  manifesto in which he is also complained of mistreatment by the LAPD.
[01:18.360 --> 01:22.840]  In that letter he vowed to violently target police officers and their families, whoever
[01:22.840 --> 01:25.160]  and wherever they are.
[01:25.160 --> 01:29.360]  The chairman of a Senate committee recessed John Brennan's CIA confirmation hearings and
[01:29.360 --> 01:33.720]  cleared the room after protesters persistently interrupted the proceedings.
[01:33.720 --> 01:34.720]  Speak for the mothers.
[01:34.720 --> 01:35.720]  All right.
[01:35.720 --> 01:36.720]  We will stop again.
[01:36.720 --> 01:37.720]  Right.
[01:37.720 --> 01:45.160]  In Yemen, Pakistan, Somalia, and who else is who else, and who where else?
[01:45.160 --> 01:46.160]  Please remove that woman.
[01:46.160 --> 01:50.440]  The NAA and the bomb administration refuse me to tell Congress.
[01:50.440 --> 01:53.840]  Police removed several protesters at the beginning of the hearing on Thursday.
[01:53.840 --> 01:57.960]  People begin yelling after Brennan began testifying, and Intelligence Committee Chairman Dianne
[01:57.960 --> 02:02.200]  Feinstein ordered the hearing recessed while the room was cleared.
[02:02.200 --> 02:06.920]  The protesters were shouting objections to lethal U.S. drone strikes and harsh interrogation
[02:06.920 --> 02:08.000]  methods.
[02:08.000 --> 02:12.880]  A severe winter storm is barreling towards some of the most heavily populated parts of
[02:12.880 --> 02:17.640]  the country today, closing thousands of schools, causing massive travel disruption and threatening
[02:17.640 --> 02:22.040]  to bring more than two feet of snow and gale force winds to much of the northeast.
[02:22.040 --> 02:27.440]  National Weather Service issued blizzard warnings from North New Jersey, northeast to Maine,
[02:27.440 --> 02:31.520]  and with New York and Boston expecting to be among the hardest hit, airlines canceled
[02:31.520 --> 02:36.160]  more than 2,400 flights across the region as the storm barreled eastward from the Midwest
[02:36.160 --> 02:41.120]  and Great Lakes, according to FlightAware.com.
[02:41.120 --> 02:44.840]  The Liberty Beat is sponsored by Parents for Liberty, bringing the Philosophy of Liberty
[02:44.840 --> 02:50.240]  to parenting and parenting to the Philosophy of Liberty, online at ParentsforLiberty.org
[02:50.240 --> 02:56.080]  and by Brave New Books, specializing in free thinking material for free people since 2006,
[02:56.080 --> 03:22.920]  online at BraveNewBooksStore.com.
[03:26.080 --> 03:38.400]  Okay, this is Randy Kelton here with Without Deborah or Eddie.
[03:38.400 --> 03:44.840]  This is our Friday night info, four hour info marathon.
[03:44.840 --> 03:50.320]  It is Friday, February the 8th, 2013.
[03:50.320 --> 03:58.240]  I don't have any guests tonight and I do have something I want to talk about, it's something
[03:58.240 --> 03:59.480]  that I'm working on.
[03:59.480 --> 04:06.720]  A few folks have probably got tired of hearing me talk about bringing up bar grievance and
[04:06.720 --> 04:14.160]  judicial conduct and all of these other tools that I'm working on and I can understand that
[04:14.160 --> 04:17.400]  because from my end it's been extremely frustrating.
[04:17.400 --> 04:27.640]  But I also talked about how an engineer does what he does and if a good engineer doesn't
[04:27.640 --> 04:31.760]  really design the project, he tries to keep himself out of the way and let the project
[04:31.760 --> 04:33.520]  design itself.
[04:33.520 --> 04:41.040]  Well, this project has designed itself and we're putting together some final pieces of
[04:41.040 --> 04:44.920]  running into a few little glitches here.
[04:44.920 --> 04:54.320]  But we have a set of tools that's coming together where we can take most any code and
[04:54.320 --> 05:02.920]  most about all of them are on the web in one incantation or another, download them off the
[05:02.920 --> 05:12.720]  web, run up to three routines on them and get them structured to where we can walk
[05:12.720 --> 05:23.200]  right down through these and convert the codes from statements to questions and the questionnaire
[05:23.200 --> 05:30.840]  prospect or aspect, I've talked about that before and how well that works and in using
[05:30.840 --> 05:38.920]  it and watching other people use it, it's became clear that this is going to be a very
[05:38.920 --> 05:44.720]  effective strategy, one of the things that I finally realized in using the questionnaire
[05:44.720 --> 05:51.840]  this way is the bar grievance for instance.
[05:51.840 --> 06:02.360]  The way bar grievance, the American Bar Association model standards are structured with generally
[06:02.360 --> 06:13.520]  four maybe five questions, I can bring you to any particular grievance and the thing
[06:13.520 --> 06:21.760]  that dawned on me about that is when I do research, I look through the codes and look
[06:21.760 --> 06:31.920]  for the information that I need but always there is this nagging notion that since I'm
[06:31.920 --> 06:38.320]  not learned in counsel and I didn't spend four or six years in some structured learning
[06:38.320 --> 06:44.400]  environment where you're given all of the essentials, I'm always worried of something
[06:44.400 --> 06:54.760]  missing that in my repertoire or in my learning all the things that I've learned over this
[06:54.760 --> 07:01.400]  time there are these huge holes and I'm always afraid I'm going to fall through one of them
[07:01.400 --> 07:09.560]  but when you follow a questionnaire like this, they tend to point very clearly in a direction
[07:09.560 --> 07:17.440]  and when you get to the end of one of these, you don't have that nagging feeling that you
[07:17.440 --> 07:22.000]  might need to go read this whole code because there's probably something else you've missed.
[07:22.000 --> 07:27.880]  There may be other things in there you've missed but this is the one that's on point
[07:27.880 --> 07:34.840]  because your answers led you to this point. It makes it relatively easy to mine these
[07:34.840 --> 07:42.160]  codes, find the information that you need without missing anything. The only thing you
[07:42.160 --> 07:49.120]  miss is what we haven't programmed in yet. Every time we come across an eventuality
[07:49.120 --> 07:53.880]  that we don't have a question to address, we just look down the code and see where
[07:53.880 --> 08:00.080]  that question should be dropped in, we drop the question in and the system never forgets
[08:00.080 --> 08:06.760]  to ask the question of everybody who winds up passing that point in the questionnaire
[08:06.760 --> 08:13.240]  because frankly the questionnaires are huge but nobody sees all of those, they just see
[08:13.240 --> 08:19.480]  the part that's appropriate to them so we have developed a technology for this that
[08:19.480 --> 08:26.400]  is going to make the development of these codes far easier than we expected and if any
[08:26.400 --> 08:35.120]  of you have went to remedies in real estate lately and clicked on the free forensic analysis,
[08:35.120 --> 08:47.160]  you'll get a look at another prototype. That one is not near what it will be but it gives
[08:47.160 --> 08:51.920]  you the idea of what we're doing, what you'll be looking at. There is essentially a simple
[08:51.920 --> 09:01.080]  mind map, not such a simple mind map but the mind map that you're looking at looks like
[09:01.080 --> 09:09.280]  the file system on my server and the file system on my server looks exactly like the
[09:09.280 --> 09:20.120]  file system on my desktop computer that I use to set up the server with and we have some
[09:20.120 --> 09:26.960]  tools that when we put forms in there that have input in them, they will create tables
[09:26.960 --> 09:35.440]  and fields in a database and the database schema, the structure of the database will
[09:35.440 --> 09:44.120]  look just like that file structure and that's one of the pieces that we've developed to
[09:44.120 --> 09:52.640]  make this more understandable. It makes it much easier to work, much simpler to develop.
[09:52.640 --> 10:00.760]  The main thing is that mind map. The mind map is a way of looking at all the information
[10:00.760 --> 10:09.000]  at one time, all the information that's generally relative. We're going to make some adjustments
[10:09.000 --> 10:15.920]  to how that works because that mind map that you're looking at, although it has a tremendous
[10:15.920 --> 10:24.000]  amount of information in it and I'm loading about 2,000 more files in it today, frankly
[10:24.000 --> 10:29.600]  I crashed it, a minor little error. We take care of that, we'll figure that one out. We
[10:29.600 --> 10:41.600]  keep running into these little unexpected bumps but we will have very soon about everything
[10:41.600 --> 10:50.600]  you could imagine concerning the mortgage issue. We're building a structure so that
[10:50.600 --> 10:57.560]  when we come across new information we can open this map and look at it and say this
[10:57.560 --> 11:03.960]  piece of information is relative to these issues over here and it should go in this
[11:03.960 --> 11:11.240]  file, in this folder so logically when we're looking at this issue we'll be looking in
[11:11.240 --> 11:17.720]  this direction and we'll find that thing. Over all the time that I've been doing all
[11:17.720 --> 11:28.000]  this research, that has been the biggest problem is keeping information in a way that you can
[11:28.000 --> 11:34.320]  find it and that's been a struggle for people ever since we started putting together these
[11:34.320 --> 11:40.760]  big computers. People have struggled with a way to organize the information so you're
[11:40.760 --> 11:49.680]  able to find it and it appears that human beings are visual so we're creating a tool
[11:49.680 --> 11:58.520]  where you can see it but what you're looking at there when you look at the forensic analysis
[11:58.520 --> 12:07.880]  is just one aspect of the entire body of law and it's really not part of the law, the law
[12:07.880 --> 12:16.960]  is separate from that. This is like, this is outside the law looking in and we've tried
[12:16.960 --> 12:25.600]  to structure tools so we get a clear view but one of the tools we don't have is we don't
[12:25.600 --> 12:36.840]  have the entire corpus juris incorporated into a similar map like these are or this
[12:36.840 --> 12:44.480]  one we also have one that we'll be bringing up for criminal, traffic of course, Eddie's
[12:44.480 --> 12:54.440]  working on and we'll do family and all these most common issues people have first will
[12:54.440 --> 13:02.440]  build something similar to this, a repository of information that's structured in a way
[13:02.440 --> 13:12.200]  that human beings can make sense of it, structured in a way so that when an issue arises we have
[13:12.200 --> 13:22.440]  the law and the structures in place so you can look at that issue and see what's relevant
[13:22.440 --> 13:32.880]  to the issue. Anybody here who's tried to figure out a legal issue, especially if you're
[13:32.880 --> 13:42.480]  not a lawyer, the biggest problem is not the details, it's nowhere to look and it appears
[13:42.480 --> 13:48.920]  though this map is going to give us a way to look and speaking of looking I just looked
[13:48.920 --> 13:57.520]  at the color board and it's stacked up already so since we have so many callers I will stop
[13:57.520 --> 14:07.120]  blabbing about this for the time being but if you get a chance go to RemediesInRealEstate.com
[14:07.120 --> 14:11.200]  and click on the free mortgage analysis, whether you have a mortgage issue or not that's not
[14:11.200 --> 14:21.880]  the point, look this over and I need critical feedback. We're trying to develop a tool that's
[14:21.880 --> 14:34.120]  intuitive and if it is effectively intuitive you won't have places where you're stopped,
[14:34.120 --> 14:38.360]  you bump into something, you have no idea what the heck is going on, anybody who's ever
[14:38.360 --> 14:46.320]  tried to teach themselves computers really understands this. The really, really simple
[14:46.320 --> 14:54.960]  stuff, the stuff that I learned five years ago or 25, 30 years ago when I started researching,
[14:54.960 --> 15:03.040]  so simple I don't even notice it anymore but so critical that if someone who's not familiar
[15:03.040 --> 15:10.120]  with this comes up to that spot and they don't have this piece of information they are stuck.
[15:10.120 --> 15:19.040]  I have worked on these programs and spent a week, Chimula, it's a tool for building websites,
[15:19.040 --> 15:28.160]  I've got the book on it, not one place in any of the information in the book nowhere
[15:28.160 --> 15:38.040]  could I find how to load a file onto Chimula. That was so simple and everybody knew how
[15:38.040 --> 15:43.480]  to do that, we worked with it but I didn't work with it and it wasn't intuitive, I never
[15:43.480 --> 15:49.200]  did figure out how to load a file onto that website page and finally just tossed it and
[15:49.200 --> 15:53.920]  went to something else after I probably spent three weeks trying to figure that one out and
[15:53.920 --> 15:59.040]  somebody could have come to me and I knew that and said, here, right here, just push
[15:59.040 --> 16:04.320]  this button, boom. But I didn't know to push a button. Let me know if I've missed any
[16:04.320 --> 16:10.840]  buttons. Let me know if in going through this you bump into places that you're stuck or
[16:10.840 --> 16:16.480]  it doesn't make sense or one thing doesn't flow from the other. Whip me to pieces, this
[16:16.480 --> 16:23.760]  is my prototype, this is going to teach me how to build far more sophisticated structures
[16:23.760 --> 16:30.280]  and we will wind up with our electronic lawyer. This is the first part of the electronic lawyer,
[16:30.280 --> 16:36.600]  we'll wind up eliminating the profession of the lawyer and get the lawyers to pay us
[16:36.600 --> 16:43.720]  to do it. This is Randy Calton, David Stevens and Craig, Rue La Radio, Tyler, Mark, Marie,
[16:43.720 --> 16:48.480]  I see you there. We will go to the phones as soon as we come back on the other side.
[16:48.480 --> 16:54.280]  So, the calls are already starting, so give us a call, get in line, we'll make sure
[16:54.280 --> 16:58.000]  we get to everybody. We'll be right back.
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[19:27.760 --> 19:39.120]  Okay, we are back. Randy Kelton, Deborah Stevens, Eddie Craig, ruleoflogradio, and we're going
[19:39.120 --> 19:46.560]  to go to Tyler in Wyoming. Hello, Tyler. What are you up to today?
[19:46.560 --> 19:52.080]  Oh, I've got about a couple precincts going on, Randy, so I wondered how much time I had
[19:52.080 --> 19:57.920]  on the air to be here. You're kind of floating in and out there. I wondered how much time
[19:57.920 --> 20:02.880]  I had on the air here because I've got about three things going on. Okay, we've only got
[20:02.880 --> 20:10.080]  four hours. Okay. Go ahead, we should have time. I'll try to keep it brief. I know you've
[20:10.080 --> 20:16.960]  got another question. If you get too long, we may take Marker and Marie and then come
[20:16.960 --> 20:26.160]  back to you. If you're too long-winded. Yeah, no problem. My first case, I got a licensing
[20:26.160 --> 20:38.800]  issue. I have a trade here in Wyoming and they saved a city license for it and I disagreed
[20:38.800 --> 20:47.000]  because I said, well, your city license is only lawfully required on the city property.
[20:47.000 --> 20:51.560]  I said it was the private property issue. It's a contract between me and the private
[20:51.560 --> 20:57.200]  property owners. There's a disagreement between me and the code officer. But you had mentioned
[20:57.200 --> 21:02.440]  a while back, and this is what I don't know is how you come to this conclusion. It's an
[21:02.440 --> 21:08.960]  ordinance that they asked that you need a license for this trade. You had said that
[21:08.960 --> 21:13.960]  ordinances were only for, I believe, city officials or public officials, but not for
[21:13.960 --> 21:25.240]  the private sector. Yeah, this is Eddie's argument. It's very well argued that the legislature
[21:25.240 --> 21:35.240]  was authorized by the Constitution to pass law. They were not authorized to delegate
[21:35.240 --> 21:48.120]  that power to anyone. So this municipality is a corporation and this goes to Harmon
[21:48.120 --> 21:57.800]  Taylor's. What he talks about is this commerce issue. There's a lot of guys that bandy around
[21:57.800 --> 22:09.080]  the commerce issue, but most of that stuff I find not very useful, but the idea of the
[22:09.080 --> 22:17.400]  offering acceptance. I live right next to City Hall and I'm engaged in some contracts
[22:17.400 --> 22:28.080]  with them. I have to maintain my plumbing to their code because I'm using, I'm attached
[22:28.080 --> 22:38.240]  to their system and I contracted with them to use their plumbing both incoming and outgoing.
[22:38.240 --> 22:44.720]  So in that regard, we're in a contract, but only for those utilities. I contracted with
[22:44.720 --> 22:51.240]  the electric company for electric and the gas company for gas. As far as I'm concerned,
[22:51.240 --> 22:59.680]  the only thing that the municipality has anything to say about is my plumbing. Does
[22:59.680 --> 23:08.440]  that make sense? Yeah, it does. My question is, what this
[23:08.440 --> 23:16.120]  code officer told me, what I told him first of all, he said first, he goes, if you really
[23:16.120 --> 23:20.200]  think that, then let me know where your next job is and we can get this settled. I said,
[23:20.200 --> 23:26.360]  well, it's in your business where I work. I do tree trimming, that's what I do. There
[23:26.360 --> 23:33.120]  was a requirement added to the licensing that you had to be ISA, and that means International
[23:33.120 --> 23:42.680]  Society of Arbor Culture. Hold on, where did the municipality get the power to interfere
[23:42.680 --> 23:50.840]  with private contract? The state kind of got it, and we were not fighting that one,
[23:50.840 --> 23:56.560]  but now we have municipalities deciding to license professionals?
[23:56.560 --> 24:02.360]  Well, absolutely, and not only that, but they make you be a part of a federal mandate because
[24:02.360 --> 24:06.600]  they've got a federal trademark called the International Society of Arbor Culture, and
[24:06.600 --> 24:12.280]  they got their own set of rules and bylaws. Basically, and I already got that license,
[24:12.280 --> 24:17.200]  I know that material, but I just don't have time or money to keep up with that all the
[24:17.200 --> 24:23.040]  time, and I don't renew it like I should, but I know the skills, and I have insurance.
[24:23.040 --> 24:30.120]  That's what I basically told this guy, I said, I didn't quit learning what I've learned,
[24:30.120 --> 24:34.280]  and it's just a technicality. He said, well, no, it isn't. He goes, we'll shut you down
[24:34.280 --> 24:40.240]  or take you to jail if you're caught. I said, even on private property, between a contract
[24:40.240 --> 24:46.120]  between me and a private citizen, you can become a third party. He said, oh, yeah. He
[24:46.120 --> 24:51.040]  said, in fact, it's an illegal contract. I said, no, it isn't. I said, I could make
[24:51.040 --> 24:56.800]  a contract to do a service free work for anybody that wants to do that.
[24:56.800 --> 25:01.800]  So it's going to be a problem, is what I'm saying. There's going to be a conflict happen
[25:01.800 --> 25:09.240]  here eventually, and I want to know how to prepare to stop this, I guess. Do I need to
[25:09.240 --> 25:17.720]  register with county records a right to work statement, or I mean, how would you go about?
[25:17.720 --> 25:25.680]  That would probably be a better issue to take to the Monday night show. I could guess about
[25:25.680 --> 25:29.160]  it, but I haven't done the research on it, and he has.
[25:29.160 --> 25:35.640]  Okay. I do know it's contractual, but yet they can't force you to contract, and I have
[25:35.640 --> 25:41.080]  a couple of Supreme Court cases that are for it given me. You might look them up if you
[25:41.080 --> 25:43.680]  see the time. I'll just give them to you real quick, Randy.
[25:43.680 --> 25:48.440]  Better if you email them to me. There's no way I'll remember them.
[25:48.440 --> 25:54.400]  No, no, that's okay. I'll email them to you. Second question real quick, second thing I
[25:54.400 --> 26:02.280]  got going on. I got a worn out traffic unjustified, of course. I went to court, and as a focused
[26:02.280 --> 26:06.760]  ticket, I was actually the victim of an accident. The officer cited me because I had a stop
[26:06.760 --> 26:11.000]  sign. Well, I was already in the intersection, and the lady just didn't stop. Well, that's
[26:11.000 --> 26:16.920]  not my fault. She signaled, and she didn't sign it. Not to signal, and just decided to
[26:16.920 --> 26:21.800]  run into me. But the officer didn't see it. He come out there and cited me, and I tried
[26:21.800 --> 26:27.840]  to explain, and he goes, well, you had the traffic. Well, that wasn't wrong. But anyway,
[26:27.840 --> 26:32.920]  I fought it on the right to travel, and I gave the judge, and after David, on the right
[26:32.920 --> 26:37.600]  to travel was a special appearance. I went to four different hearings because I kind
[26:37.600 --> 26:41.920]  of played the game. The first two, I said, well, I can talk to an attorney, and I was
[26:41.920 --> 26:45.800]  just trying to figure out the best strategy of law.
[26:45.800 --> 26:52.320]  And make a long story short, at the last hearing, I gave me half of David again, and he said,
[26:52.320 --> 26:57.640]  well, this is the municipal court, not the county court. He noticed another mistake in
[26:57.640 --> 27:02.080]  it, so he handed it back to me. And I said, well, I'll correct this, but I want to note
[27:02.080 --> 27:08.040]  it that I reported at this date. He goes, well, it's stamped. And I said, okay. I said, well,
[27:08.040 --> 27:12.600]  I'll make corrections and give you a corrected one. Well, I think that was a trick because
[27:12.600 --> 27:16.200]  what he did, because that wasn't in his possession at that time, and then he said, but you owe
[27:16.200 --> 27:21.200]  the bond. And I said, you're on a roll. That's discussed in the affidavit. I don't really
[27:21.200 --> 27:25.720]  owe the bond because, first of all, it's challenging jurisdiction in the affidavit and talking about,
[27:25.720 --> 27:30.200]  you know, you need to look at this first. And he said, well, and I told him there's
[27:30.200 --> 27:34.760]  no due process either, and that's against the Fifth Amendment to be deprived of that
[27:34.760 --> 27:41.440]  money. So that's my property. Spring Court said it's your money, it's your property.
[27:41.440 --> 27:45.920]  So I said, I'm being deprived of this money without due process. He goes, he didn't argue.
[27:45.920 --> 27:52.040]  He just said it again. Well, I told you, you need to pay the bond. And I said the same
[27:52.040 --> 27:55.800]  thing to the clerk at the window. I'm not going to pay the bond. You know, he just needs
[27:55.800 --> 28:02.840]  to go through the affidavit. Well, they did actually put the warrant out. And I did talk
[28:02.840 --> 28:10.640]  to Eddie Briefly about this, and he had mentioned that I should motion the court or dismissal
[28:10.640 --> 28:17.920]  and maybe ask for a jury, but I didn't know what the dismissal would be on. The fact that
[28:17.920 --> 28:23.560]  he did not answer the affidavit, or I mean, you know, I don't know how to proceed, or
[28:23.560 --> 28:27.760]  should I motion to cross the warrant? I mean, I didn't know which to do.
[28:27.760 --> 28:34.440]  I'm not sure even the way to get rid of the warrants just walk up in front of the judge.
[28:34.440 --> 28:43.760]  I mean, the warrant goes away. What the warrant has to say is arrest this person and bring
[28:43.760 --> 28:51.800]  him before me. Well, you're already before him. So the warrant becomes a moot issue.
[28:51.800 --> 28:54.200]  Now, if he's going to...
[28:54.200 --> 28:59.720]  You got a time for traffic court to show up or how do you do that?
[28:59.720 --> 29:05.240]  Okay, is this for a failure to appear or for not posting a bond?
[29:05.240 --> 29:07.280]  It's not posting a bond. Yeah.
[29:07.280 --> 29:11.480]  And why did he set the bond?
[29:11.480 --> 29:16.560]  You know, I don't know. They didn't used to do that here. And while it used to be, if
[29:16.560 --> 29:18.160]  you're lost, you just paid it.
[29:18.160 --> 29:19.160]  Well...
[29:19.160 --> 29:24.640]  You know, that's making you pay for the amount of the citation as a bond. And their excuse
[29:24.640 --> 29:30.720]  is, so we guarantee our money. So if you don't show up for court, we didn't waste our time
[29:30.720 --> 29:32.720]  getting everybody here. That's their excuse.
[29:32.720 --> 29:33.720]  Oh.
[29:33.720 --> 29:35.720]  And then we just keep the money.
[29:35.720 --> 29:43.320]  Well, okay, wait. Now, I think I'm missing part of this. This is an appearance bond.
[29:43.320 --> 29:47.120]  And he revoked your personal reconnaissance bond. That's what I was getting at. Why did
[29:47.120 --> 29:48.120]  he do that?
[29:48.120 --> 29:51.000]  Basically, it's a guarantee that I'm going to show up.
[29:51.000 --> 29:55.480]  But I know what the bond is. Hold on. We'll be right back on the other side. This is Randy
[29:55.480 --> 30:00.480]  Kelton, David Stevens, Eddie Craig. We'll go to the radio. We'll be right back.
[30:00.480 --> 30:07.880]  A Virginia company has brainstormed a new idea to house aging relatives, a prefab cottage
[30:07.880 --> 30:12.400]  that fits in the backyard of a family's home. I'm Dr. Cameron Albrecht. Back to tell you
[30:12.400 --> 30:16.960]  about a great idea called Granny Ponds in a moment.
[30:16.960 --> 30:21.480]  Privacy is under attack. When you give up data about yourself, you'll never get it back
[30:21.480 --> 30:27.280]  again. And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:27.280 --> 30:33.520]  So protect your rights. Say no to surveillance and keep your information to yourself. Privacy,
[30:33.520 --> 30:38.840]  it's worth hanging onto. This message is brought to you by StartPage.com, the private search
[30:38.840 --> 30:44.040]  engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[30:44.040 --> 30:50.640]  For the elderly, moving into a nursing home can be devastating. But now a Virginia company
[30:50.640 --> 30:56.560]  is offering an alternative, compact, high-tech cottages that fit in relatives' backyards.
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[31:02.960 --> 31:08.320]  cottages have everything a hospital room does. Safety rails, lighted flooring, a defibrillator
[31:08.320 --> 31:14.840]  machine, and electronics that monitor vital signs. The pods can cost up to 125 grand and
[31:14.840 --> 31:19.160]  you have to get local zoning approval. But for elderly folks who want to keep family in
[31:19.160 --> 31:24.280]  their lives and still maintain their personal dignity, these pre-fab homes seem pretty fab
[31:24.280 --> 31:31.480]  to me. Like Dr. Kaepernalbrecht for StartPage.com, the world's most private search engine.
[31:31.480 --> 31:36.880]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11. The
[31:36.880 --> 31:41.560]  government says that fire brought it down. However, 1,500 architects and engineers have
[31:41.560 --> 31:45.840]  concluded it was a controlled demolition. Over 6,000 of my fellow service members have
[31:45.840 --> 31:50.400]  given their lives. And thousands of my fellow force responders are playing. I'm not a conspiracy
[31:50.400 --> 31:53.440]  theorist. I'm a structural engineer. I'm a New York City correction officer. I'm an
[31:53.440 --> 31:58.440]  Air Force pilot. I'm a father who lost his son. We're Americans and we deserve the truth.
[31:58.440 --> 32:04.520]  Go to RememberBuilding7.org today. And now we have Sheriff saying, you're not going to
[32:04.520 --> 32:09.400]  do that here. We don't care. What laws you pass. You want to play with those little things
[32:09.400 --> 32:15.600]  in Washington, D.C.? That's fine. But you're not doing it in my county. As long as I'm
[32:15.600 --> 32:21.960]  the sheriff here, we will draw the line in the sand and we draw the line with freedom.
[32:21.960 --> 32:27.160]  Join Sheriff Mack for two special free engagements in Austin this week as he encourages you and
[32:27.160 --> 32:32.960]  local law enforcement to stand up to the federal bullies aiming to take away our rights. Sheriff
[32:32.960 --> 32:39.880]  Mack will be speaking this Friday at Hills Cafe, 4700 South Congress Avenue at 7 p.m.
[32:39.880 --> 32:45.160]  And on Saturday at 7 p.m., he will be speaking at your favorite local Liberty Bookstore, Brave
[32:45.160 --> 32:50.680]  New Books, located at 1904, Guadeloupe. For more information, please call the bookstore
[32:50.680 --> 33:04.640]  at 512-480-2503. And remember always, Austin. Be brave.
[33:04.640 --> 33:24.320]  We're listening to the Logos Radio Network at www.logosradionetwork.com Yeah, I got the
[33:24.320 --> 33:27.880]  one rent. And I'm going to solve that to the head of government then prosecute them. Okay.
[33:27.880 --> 33:32.280]  Okay, we are back. Randy Kelton, Denver, Stevens, Eddie Craig, Guadeloupe Radio, and we're
[33:32.280 --> 33:41.040]  talking to Tyler in Wyoming. Now, I know what the bond is for. My question was, since it's
[33:41.040 --> 33:49.040]  a traffic ticket, you were released on your personal recognizance. Right. How did he set
[33:49.040 --> 33:56.760]  it? Did he make an adjudication in the case? Well, this is what was strange. Yeah, I had
[33:56.760 --> 34:03.480]  an adult board. Wait, wait, wait. Don't go into a long explanation. Did he make a ruling
[34:03.480 --> 34:12.120]  in the case? No, not at all. Okay, so the case is still open. Right. Oh, okay. He had
[34:12.120 --> 34:18.040]  made a ruling. There's no way he could possibly ask for a bond. He was setting it for trial,
[34:18.040 --> 34:23.720]  but he wanted to post a bond for that trial to make sure I feared their trial. So he,
[34:23.720 --> 34:34.720]  oh, okay. So he punished you for electing to defend yourself. Basically, yes. That is,
[34:34.720 --> 34:42.440]  that's in the case law that they can't punish you for exercising your rights. That's one
[34:42.440 --> 34:47.520]  of the clad due process claim you should make against him. Had you already always showed
[34:47.520 --> 34:53.640]  up for hearings? Yeah, I showed up for all four. Yeah. And he had no reason to revoke
[34:53.640 --> 34:59.520]  your personal recognizance bond. He's here. Okay, that you should go after him for that
[34:59.520 --> 35:04.720]  for retaliation. Now, how do I, how do I do that though? What do I file? This is what
[35:04.720 --> 35:11.000]  I don't know, Eddie. Motion to file criminal charges against him. Official pressure. He
[35:11.000 --> 35:18.760]  retaliated against you by forcing you to pay more than the ticket just to be able to prove
[35:18.760 --> 35:25.000]  your innocence. Okay, so file on official oppression. Now, is that a judicial complaint
[35:25.000 --> 35:32.440]  or no, that's a criminal complaint. Okay. He wants to play criminal. You play criminal.
[35:32.440 --> 35:41.200]  Go down, do your little dance with the prosecutor. Best defense is a good effective offense.
[35:41.200 --> 35:47.160]  Now, this is a stupid question, but there's no, we don't have prosecutor cities, traffic
[35:47.160 --> 35:55.120]  trials here. So do I have to, okay, always a complaint against a public official goes
[35:55.120 --> 36:03.120]  to the district attorney. Okay. And you don't want that chump prosecutor in this judge's
[36:03.120 --> 36:10.640]  court even looking at your complaint. This is the whole deal about creating a little
[36:10.640 --> 36:19.720]  political pressure is you go to somebody over whom the judge has no control and you start
[36:19.720 --> 36:27.320]  kicking them around because they don't go after the judge. And you get them all PO'd
[36:27.320 --> 36:34.040]  at the judge and get a little pressure to make this thing go away so you stop filing
[36:34.040 --> 36:39.200]  criminal charges against everybody. I got you. Now, the official oppression would be
[36:39.200 --> 36:44.600]  because of the Fifth Amendment. It's a denial of a due process, right? He's making me pay
[36:44.600 --> 36:51.000]  the amount of ticket before I've even gone through due process. Right. He's punished
[36:51.000 --> 37:00.160]  you for exercising your right. Right. Then he stated it for that reason. The only reason
[37:00.160 --> 37:08.440]  he did that is because you demanded trial. Exactly. So go after him for that, get him
[37:08.440 --> 37:15.000]  to do some explaining. Now, I'm not trying to sound negative, but let's just say that
[37:15.000 --> 37:21.160]  the district attorney just ignores it. Well, what's my remedy in that case? Have you not
[37:21.160 --> 37:29.880]  been listening to this show? Not enough, probably. Obviously not. You hope the district attorney
[37:29.880 --> 37:37.320]  ignores it. Right. I've heard you say that. When he ignores it, then you go to the district
[37:37.320 --> 37:49.120]  judge. Okay. You do this by certified mail. Don't let him see you. Right. Make up a verified
[37:49.120 --> 37:55.160]  criminal affidavit accusing the prosecuting attorney of shielding this judge from prosecution
[37:55.160 --> 38:02.840]  by exercising caprice instead of prosecutorial discretion and refusing to pursue prosecution
[38:02.840 --> 38:09.360]  with a grand jury against him. Do you have grand juries in Wyoming? Yeah. Good. Refusing
[38:09.360 --> 38:16.280]  to present your complaint against the judge to a grand jury. Give that to a district judge
[38:16.280 --> 38:21.080]  and the district judge is most likely going to send it back to you until you need to file
[38:21.080 --> 38:26.600]  that with a police agency. And then you file with the police agency a criminal complaint
[38:26.600 --> 38:34.160]  against the district judge for not performing his duty as a magistrate. And then you file
[38:34.160 --> 38:40.080]  a criminal complaint against the district judge because all you file with a police
[38:40.080 --> 38:49.360]  agency is a voluntary statement. You make up a criminal complaint and send it to the grand
[38:49.360 --> 38:58.360]  jury, forming of the grand jury, registered restricted. And you accuse the district judge
[38:58.360 --> 39:07.280]  of official oppression by Ms. Feithenson office in that he failed to perform his magisterial
[39:07.280 --> 39:14.120]  duty for the purpose of shielding the prosecutor from prosecution. And you send that to the
[39:14.120 --> 39:24.120]  judgment so that when the prosecutor intercepts it, he is very, very badly compromised. Okay.
[39:24.120 --> 39:31.720]  Now, could you repeat that, Randy? What do I file on the district judge? That official
[39:31.720 --> 39:38.880]  oppression or official misconduct, depending on what the name of the statute is in Wyoming.
[39:38.880 --> 39:49.920]  You accuse the judge of failing to perform a duty he is required to perform. And in the
[39:49.920 --> 39:56.840]  process denying you the full free access to or enjoyment of a right. And you did it for
[39:56.840 --> 40:03.800]  the purpose of shielding the prosecutor from prosecution. In Texas, that's felony.
[40:03.800 --> 40:13.080]  Oh, yeah, shielding the prosecutor. Look for shielding from prosecution or obstruction
[40:13.080 --> 40:26.800]  of justice. Now, excuse me. Now, with that said, when you do this, you can expect some
[40:26.800 --> 40:38.640]  smart mouth, jack, leg police officer in the form of a bailiff to give you some sage advice
[40:38.640 --> 40:43.480]  and warn you about all those bad things that can happen to you for you doing this kind
[40:43.480 --> 40:54.680]  of stuff. Yeah, you hope they do. Okay, we just had someone. He got a warranty deed to
[40:54.680 --> 41:00.560]  the property and stopped foreclosure on it. He moved into the property and a woman changed
[41:00.560 --> 41:07.440]  her mind and she was an ex-police officer came into the property with a gun in her hand.
[41:07.440 --> 41:12.160]  Fortunately, he wasn't there and then called the police and they came in and stole a bunch
[41:12.160 --> 41:23.160]  of his stuff. Took his car, took personal files out of his house. And I was working with
[41:23.160 --> 41:29.880]  him on how to handle this and he called down to the police department and talked to a sergeant
[41:29.880 --> 41:36.600]  there. And the sergeant told him, oh, this is a bunch of nonsense and he could, that
[41:36.600 --> 41:43.080]  him having a warranty deed that he had to go through a title company in order to transfer
[41:43.080 --> 41:48.680]  the property. The sergeant had no idea what he was talking about. And that he could look
[41:48.680 --> 42:00.360]  at criminal charges to be filed against him. I couldn't believe he said something so stupid.
[42:00.360 --> 42:13.960]  So I just helped him prepare today. Criminal charges 3505, 3605 penal code, witness tampering
[42:13.960 --> 42:24.440]  that he threatened Darrell with the criminal prosecution in order to prevent Darrell from
[42:24.440 --> 42:34.480]  performing his duty as a citizen and give witness to criminal acts by fellow police
[42:34.480 --> 42:42.400]  officers. This guy's really a bonehead. So he can't go to the police department with
[42:42.400 --> 42:48.520]  his complaints. Heck, they might shoot him. So he's going to give the criminal, send the
[42:48.520 --> 42:55.440]  criminal complaints to the mayor. But I told him, don't give the mayor any legal advice.
[42:55.440 --> 43:00.960]  You're not his lawyer. He's got one down there. And the lawyer is going to tell him, well,
[43:00.960 --> 43:05.520]  you should file that with a policing agency. They'll probably send it to the county sheriff.
[43:05.520 --> 43:12.800]  And he will file criminal charges against the mayor because he's a magistrate. They're
[43:12.800 --> 43:17.960]  going to get real excited. This creates a lot of politics.
[43:17.960 --> 43:23.520]  Yeah, it is politics. And I learned that from your show. The thing is, when I went to the
[43:23.520 --> 43:27.040]  district attorney's office one time, because I tried to file a complaint that a sheriff
[43:27.040 --> 43:33.080]  wouldn't handle, what they said was, now I'll send this from the seat. Okay, I won't go
[43:33.080 --> 43:37.680]  there. But they said they go down to the sheriff's office and complain. We don't take complaints
[43:37.680 --> 43:44.280]  directly. So how do you get around that? That's, he, he breached the code. He, he,
[43:44.280 --> 43:49.040]  uh, Ms. Feeson's in office. Failed to perform a duty he's required to perform. You file
[43:49.040 --> 43:53.360]  against him. Okay. Hang on, this is Randy Kelton, David Stevens, Eddie Craig. We lose
[43:53.360 --> 44:03.360]  low radio. I call in number five, one, two, six, four, six, 1984 review. Mr. President,
[44:03.360 --> 44:08.920]  members of Congress, you've been making a lot of noise about taking our guns away, but
[44:08.920 --> 44:16.280]  you might want to review history. 1835 comes on Texas territory. The authorities wanted
[44:16.280 --> 44:22.480]  to confiscate the big gun that protected that comedy. You know what the people said? Come
[44:22.480 --> 44:30.160]  and take it because they were willing to fight for their freedom and their guns. So are we
[44:30.160 --> 44:56.160]  going to come and take it if you want it? Come and take it because you can. Come and take
[44:56.160 --> 45:05.280]  it. We're keeping our guns. Are you the plaintiff or defendant in a lawsuit? Win your case without
[45:05.280 --> 45:11.520]  an attorney with jurisdictionary, the affordable, easy to understand for CD course that will
[45:11.520 --> 45:18.480]  show you how in 24 hours, step by step. If you have a lawyer, know what your lawyer should
[45:18.480 --> 45:23.760]  be doing. If you don't have a lawyer know what you should do for yourself. Thousands
[45:23.760 --> 45:29.720]  have won with our step by step course. And now you can too. Jurisdictionary was created
[45:29.720 --> 45:35.640]  by a licensed attorney with 22 years of case winning experience. Even if you're not in
[45:35.640 --> 45:41.240]  a lawsuit, you can learn what everyone should understand about the principles and practices
[45:41.240 --> 45:48.240]  that control our American courts. You'll receive our audio classroom, video seminar, tutorials,
[45:48.240 --> 45:55.480]  forms for civil cases, prosa tactics and much more. Please visit ruleoflawradio.com and
[45:55.480 --> 46:23.280]  click on the banner or call toll-free 866-LAW-E-Z.
[46:23.280 --> 46:35.440]  Okay, we are back. Randy Kelton, David Stevens, Eddie Craig, rule of law radio. And we're
[46:35.440 --> 46:42.760]  talking to Tyler in Wyoming. And yeah, we hope that the prosecutor tells us something
[46:42.760 --> 46:48.400]  like that. I love it when they do that. Oh, you need to follow this with the police department.
[46:48.400 --> 46:55.360]  Recently, I had a justice of the peace refused to let me see some records. And I asked the
[46:55.360 --> 47:04.160]  bailiff to arrest the J.P. And he said that if I created disturbance, he'd arrest me. So
[47:04.160 --> 47:10.480]  I asked him if he was threatening me. He started to say something else. And I asked him again,
[47:10.480 --> 47:19.000]  I cut him off and said, are you threatening me? Oh, no, Mr. Kelton. I just calmed down.
[47:19.000 --> 47:26.560]  Oh, I'm calm. I'm calm. Now, if you're not threatening me, arrest her. Oh, Mr. Kelton,
[47:26.560 --> 47:34.200]  I have to administer the court. I'll get you a constable. So take me down to the constables.
[47:34.200 --> 47:41.360]  He refused. So, you know, he's saying that we don't do that. I don't care what you do.
[47:41.360 --> 47:46.120]  Well, we have a policy. I don't care about your policy. You are a certified police officer.
[47:46.120 --> 47:53.280]  You're not. You just am. And go arrest her. No, no, we don't do that. So you're refusing
[47:53.280 --> 47:59.800]  to perform your duty as a peace officer. Is that what I'm to understand? Well, if you put
[47:59.800 --> 48:05.920]  it that way, yes, I guess I am. Oh, okay. Thank you. I think I'm done with you. After
[48:05.920 --> 48:11.880]  a walk out, he's standing there scratching his head. So I go across the street to the
[48:11.880 --> 48:18.640]  shirt. They had a sheriff's station over there that this is quite a way some downtown forward.
[48:18.640 --> 48:25.040]  So they had a little, they got little offices around the city. And I asked for someone to
[48:25.040 --> 48:36.280]  arrest the bailiff, the JP and the constable. And while I'm waiting for a sheriff's deputy,
[48:36.280 --> 48:40.320]  the bailiff came at the constable came back over and he said, well, Mr. Kelton, if you
[48:40.320 --> 48:47.120]  want me to, I will talk to the prosecuting attorney about this. Oh, no, no, no, no, no,
[48:47.120 --> 48:53.920]  no, no, no, don't do dare talk to the prosecuting attorney about this. I'll get to the prosecuting
[48:53.920 --> 49:01.560]  attorney. But before I do that, I need the sheriff to touch my tar baby. He said, you're
[49:01.560 --> 49:07.840]  what? My tar baby. I've got this little invisible tar baby and trying to get everybody to touch
[49:07.840 --> 49:15.920]  it. The judge touched it and the bailiff touched it and you touched it. Now we could
[49:15.920 --> 49:22.240]  sheriff to touch it. And once he touches it, now then we'll go talk to the prosecuting
[49:22.240 --> 49:31.080]  attorney. And that sheriff captain came in in plain clothes and he said, are you Mr.
[49:31.080 --> 49:34.920]  Kelton? I said, yes, I am. He said, well, what can I do for you? I said, you can go
[49:34.920 --> 49:40.280]  over there and arrest the JP and you can arrest the bailiff and arrest his constable over
[49:40.280 --> 49:48.280]  here. And the constable just kind of shaking his head and, man, I can't arrest the JP.
[49:48.280 --> 49:52.400]  I said, sure you can. Just go over and throw the customer and drag her off to jail. Man,
[49:52.400 --> 49:59.760]  I'm not arresting JP. I'm off duty. Wait a minute, captain. You are a certified police
[49:59.760 --> 50:05.040]  officer, aren't you? He said, yes, I am. Didn't you know you're never off duty? I'm still
[50:05.040 --> 50:12.560]  not going to arrest the JP. And I turned to the bailiff. See, he touched my car baby.
[50:12.560 --> 50:19.240]  I think I'm done here, guys. I walked out. I don't ever ask him to do something I actually
[50:19.240 --> 50:29.960]  want him to do. Yeah. Everything's a setup. Right. So get your little tar baby. Ask someone
[50:29.960 --> 50:41.040]  to do what the law commands him to do. Right. And hope he don't do it. This also helps you
[50:41.040 --> 50:49.680]  from feeling betrayed by your public officials. Right. Expect them to do the wrong thing.
[50:49.680 --> 51:03.080]  And the first time one of them sounds tense, ask them, are you getting agitated? Agitated
[51:03.080 --> 51:14.000]  is the little key word. If they say agitated, everybody sees you as out of control, wacko,
[51:14.000 --> 51:20.000]  not so prosy. So first thing I want to do is ask him if he's getting agitated or tell
[51:20.000 --> 51:29.840]  him not to get agitated. Oh, they hate that. Now, that's called Miss Beeson's in office
[51:29.840 --> 51:36.480]  when they don't apply with what they should. Right. Yeah. Malfeasance and misfeasance.
[51:36.480 --> 51:42.760]  Malfeasance is where you exert a port to exert an authority you do not expressly have. Misfeasance
[51:42.760 --> 51:50.720]  is where you fail to perform a duty you're required to perform. Both of them are official
[51:50.720 --> 51:56.960]  misconduct. Some states call them official oppression. Here in Texas we have both. Official
[51:56.960 --> 52:05.840]  misconduct goes to misuse of public funds or a county equipment in some way. That's generally
[52:05.840 --> 52:14.400]  what that's applied to. Official oppression is a statute that goes to, when a public official
[52:14.400 --> 52:18.720]  fails to perform a duty he's required to perform or exerts a purport to exert an authority
[52:18.720 --> 52:23.680]  he does not expressly have, and in process denies a citizen in the form of free access
[52:23.680 --> 52:30.760]  to and dormant of the right, i.e. petition the court for redress agreements. Then that's
[52:30.760 --> 52:36.640]  a class A misdemeanor in Texas. It's a class A misdemeanor. It's whatever they call it
[52:36.640 --> 52:42.960]  in different states. It's usually one level under a felony. Okay. And most every state
[52:42.960 --> 52:51.360]  has it because it mimics the Ku Klux Klan Act. Most everybody's familiar with 18 U.S.
[52:51.360 --> 53:01.280]  Code, I mean 42 U.S. Code 1983. Under Brady you can sue them under 42 U.S. Code 1983. That's
[53:01.280 --> 53:06.480]  the second half of the Ku Klux Klan Act. The first half said if a public official act
[53:06.480 --> 53:12.200]  non-covid is authority, fails to perform a duty he's required to perform or exerts
[53:12.200 --> 53:17.040]  a purport to exert an authority he does not expressly have. As a federal crime, if it's
[53:17.040 --> 53:24.960]  in the Fed, then every state has adopted a similar statute. It is a catch-all. Everybody
[53:24.960 --> 53:27.360]  should have that one memorized.
[53:27.360 --> 53:36.440]  I was going to ask you where do I look to find out if it would be penal code. It'll
[53:36.440 --> 53:44.600]  generally be, there's going to be a section for offenses by public officials. This is an
[53:44.600 --> 53:50.200]  offense that only a public official can commit. You'll have a section on that.
[53:50.200 --> 53:52.520]  In the state statutes?
[53:52.520 --> 53:55.040]  Penal code. State penal code.
[53:55.040 --> 53:57.040]  State penal code, yeah.
[53:57.040 --> 54:02.120]  These are penal statutes. It's like your Open Records Act. I don't know what it is in every
[54:02.120 --> 54:08.440]  other state but in Texas they say well if they didn't give you your records you need
[54:08.440 --> 54:16.240]  to see them. No. The Open Records Act is not a civil statute. It's penal statute right
[54:16.240 --> 54:20.760]  at the end that says violation of this code so it is official misconduct in the class
[54:20.760 --> 54:21.760]  A misdemeanor.
[54:21.760 --> 54:28.400]  That's interesting. I wish I knew that a while ago because I asked under the Public Records
[54:28.400 --> 54:33.040]  Request Act, I asked to judge here where the traffic citation is, where the money goes
[54:33.040 --> 54:41.640]  and I gave them the Public Records Request Act number. You can only request of him records
[54:41.640 --> 54:49.040]  that are in his custody and control and that's probably not in his custody and control. Okay.
[54:49.040 --> 54:55.600]  Records of the court are. Now there are two kinds of records of the court. You have criminal
[54:55.600 --> 55:02.360]  records that go to adjudication cases and that doesn't fall under the Open Records Act.
[55:02.360 --> 55:11.240]  That falls under the Constitution by a public court. He has administrative records that
[55:11.240 --> 55:20.040]  fall under Open Records Act. They generally don't make those distinctions. Okay but have
[55:20.040 --> 55:23.680]  fun with this. Just run the routine on them.
[55:23.680 --> 55:25.920]  I'll do it already.
[55:25.920 --> 55:31.480]  You'll find it is so much fun. About to go to Mark and listen to Mark. He can tell you
[55:31.480 --> 55:36.320]  how much fun it is. Okay, thank you. Thank you, Tyler.
[55:36.320 --> 55:37.320]  Thank you.
[55:37.320 --> 55:42.000]  Okay, Mr. Mark, how are you doing?
[55:42.000 --> 55:49.880]  Well, I'm doing relatively okay these days. Of course, the case that had been consuming
[55:49.880 --> 55:54.920]  a large portion of my lifetime and questions with you got settled, which I believe you
[55:54.920 --> 56:00.000]  know from emails and such. I don't remember if I mentioned the settlement and such to
[56:00.000 --> 56:04.720]  the radio audience though. And if you wanted me to go over briefly the lawyer casualty.
[56:04.720 --> 56:08.600]  Yes, that's my fun, the best part.
[56:08.600 --> 56:14.920]  All right. Well, the lawyer casualty is a lawyer who touched the tar baby in the sense
[56:14.920 --> 56:21.880]  that he had previously did two of the cases where the documentation showed that the gentleman
[56:21.880 --> 56:27.440]  was an owner in the company and was being denied in the paperwork file in my case. He
[56:27.440 --> 56:36.000]  was a partner at the law firm. He had a divorce a year and a half ago. And after I filed the
[56:36.000 --> 56:43.360]  judicial conduct complaints, after they were resolved, he was no longer with the firm anymore.
[56:43.360 --> 56:52.040]  So the partner is now off apparently in solo practice. Now, it could be that he had a change
[56:52.040 --> 56:57.360]  of heart after the divorce. Could be lots of reasons. I don't know if I can take credit
[56:57.360 --> 56:59.600]  back for him leaving the law firm.
[56:59.600 --> 57:02.960]  But you get to think that you did.
[57:02.960 --> 57:08.760]  Well, you know, it's kind of like the judge who committed suicide in the day I showed
[57:08.760 --> 57:15.840]  up in court. You know, I might be the reason, but I get to that one for your benefit after
[57:15.840 --> 57:20.520]  I get finished with the settlement and such. In the settlement, I was able to talk them
[57:20.520 --> 57:27.320]  into part of the settlement being I can continue talking about this case for all infinity. And
[57:27.320 --> 57:32.640]  share the documentation with anybody I want. The only real problem I found in the settlement
[57:32.640 --> 57:39.080]  agreement after I signed it, at the top of it, it says attorney is defined as the husband
[57:39.080 --> 57:44.320]  and wife team. And then in the middle of the document, it says the attorneys are being
[57:44.320 --> 57:51.200]  held harmless. So is that a typo? Or does that magically include the other attorney?
[57:51.200 --> 57:58.120]  Is the attorney who I agreed to sign with, we had multiple conversations going, no, it's
[57:58.120 --> 58:05.800]  you, not them. And he agreed to it on the phone. So does that plural cause you a problem?
[58:05.800 --> 58:10.840]  Yeah, it could. You might want to go in and have that redacted.
[58:10.840 --> 58:11.840]  Okay.
[58:11.840 --> 58:17.600]  Okay, hang on. We're about to go to break. Randy Helton, Deborah Stevens, Eddie Craig,
[58:17.600 --> 58:26.760]  Wood Law Radio, our call in number 512-646-1984. Give us the call, get in line. We're having
[58:26.760 --> 58:33.280]  way too much fun today. So this is our top of the hour break. So we will be about three
[58:33.280 --> 58:38.960]  or four minutes. So he got time to get up and go stretch and get a cup of coffee, not
[58:38.960 --> 58:50.380]  to miss anything. We'll be right back on the other side.
[58:50.380 --> 58:55.400]  Would you like to make more definite progress in your walk with God? Bibles for America
[58:55.400 --> 59:01.040]  is offering a free study Bible and a set of free Christian books that can really help.
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[59:05.360 --> 59:10.000]  today. It's an accurate translation and it contains thousands of footnotes that will
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[59:15.200 --> 59:20.520]  set called Basic Elements of the Christian Life. Chapter by chapter, Basic Elements of
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[59:32.320 --> 59:45.320]  of the Christian Life, call Bibles for America toll free at 888-551-0102. That's 888-551-0102.
[59:45.320 --> 01:00:14.320]  Or visit us online at bfa.org.
[01:00:16.320 --> 01:00:24.240]  John Bush here with your Liberty Bee for February 8, 2013. Gold opened today at $1,677. Silver
[01:00:24.240 --> 01:00:32.000]  at $31.76 and Bitcoin is trading at $22.39. Today's edition of the Liberty Bee is sponsored
[01:00:32.000 --> 01:00:36.920]  and part by Central Texas Gun Works, offering firearms training courses, concealed carry
[01:00:36.920 --> 01:00:45.300]  classes and firearm sales. Online at CentralSexasGunWorks.com and now the news. A former Los Angeles
[01:00:45.300 --> 01:00:50.640]  cop with military training vowed war against other men in blue Thursday, leaving one officer
[01:00:50.640 --> 01:00:55.240]  dead days after he allegedly killed two other people to begin a wave of retribution for
[01:00:55.240 --> 01:00:59.520]  being fired, police said. The focus of the intensive expansive manhunt is Christopher
[01:00:59.520 --> 01:01:05.360]  Jordan Doerner, a 270-pound former Navy lieutenant who has professed his venom against LAPD officers
[01:01:05.360 --> 01:01:10.320]  he claimed ruined his life by forcing him out of his dream job. Doerner blames one retired
[01:01:10.320 --> 01:01:15.080]  officer for bungling his appeal to get his job back in an 11-page manifesto in which
[01:01:15.080 --> 01:01:19.920]  he has also complained of mistreatment by the LAPD. In that letter, he vowed to violently
[01:01:19.920 --> 01:01:25.520]  target police officers and their families, whoever and wherever they are. The chairman
[01:01:25.520 --> 01:01:29.800]  of a Senate committee recessed John Brennan's CIA confirmation hearings and cleared the
[01:01:29.800 --> 01:01:34.000]  room after protesters persistently interrupted the proceedings.
[01:01:34.000 --> 01:01:53.840]  Police removed several protesters at the beginning of the hearing on Thursday, more
[01:01:53.840 --> 01:01:58.560]  began yelling after Brennan began testifying, and Intelligence Committee Chairman Diane Feinstein
[01:01:58.560 --> 01:02:03.200]  ordered the hearing recessed while the room was cleared. The protesters were shouting
[01:02:03.200 --> 01:02:09.920]  objections to lethal U.S. drone strikes and harsh interrogation methods. A severe winter
[01:02:09.920 --> 01:02:14.040]  storm is barreling towards some of the most heavily populated parts of the country today,
[01:02:14.040 --> 01:02:17.880]  closing thousands of schools, causing massive travel disruption and threatening to bring
[01:02:17.880 --> 01:02:22.520]  more than two feet of snow and gale force winds to much of the northeast. The National
[01:02:22.520 --> 01:02:27.480]  Weather Service issued blizzard warnings from North New Jersey, northeast to Maine, and
[01:02:27.480 --> 01:02:31.800]  with New York and Boston expecting to be among the hardest hit, airlines canceled more than
[01:02:31.800 --> 01:02:36.520]  2,400 flights across the region as the storm barreled eastward from the Midwest and Great
[01:02:36.520 --> 01:03:02.080]  Lakes according to FlightAware.com.
[01:03:02.080 --> 01:03:15.560]  This all according to the will of the Almighty, I read his book and he says he cares so much
[01:03:15.560 --> 01:03:29.560]  over the other side of you. These warm unders come by that turn brighter. I will pray for
[01:03:29.560 --> 01:03:36.560]  the war with my body. I ain't gonna pay for the car with my money. I won't pay for the
[01:03:36.560 --> 01:03:37.960]  money. Okay, we are back. Randy Kelton, Deborah
[01:03:37.960 --> 01:03:44.720]  Stevens, Eddie Craig rules our radio, and we're talking to Mark in Wisconsin. And when
[01:03:44.720 --> 01:03:50.960]  we went out, you were talking about the plural of the two lawyers.
[01:03:50.960 --> 01:03:58.760]  Right. Like I said, the original definition section of the agreement says, attorney, it
[01:03:58.760 --> 01:04:05.480]  defines both him and his wife. And in the middle, it says, attorneys, do I then claim
[01:04:05.480 --> 01:04:15.960]  that that's just a typo? Or do I go ahead and? Does the agreement anywhere reference
[01:04:15.960 --> 01:04:24.560]  one or the other of the attorneys separate? It explicitly says of the law firm blah and
[01:04:24.560 --> 01:04:33.520]  attorney, blah and attorney, blah. Okay, and they are referenced separately. And the attorney
[01:04:33.520 --> 01:04:40.720]  refers to these two people as attorney. What is the plural, what is the significance
[01:04:40.720 --> 01:04:50.240]  of it? It's just sitting in the middle of the document. Again, I have multiple phone
[01:04:50.240 --> 01:04:56.520]  conversations with the other, the attorney. But don't understand what you're trying to
[01:04:56.520 --> 01:05:03.000]  protect or what issue you're trying to protect. I'm trying to go after the attorney of the
[01:05:03.000 --> 01:05:11.280]  other party that was named, the one who filed the affidavit, which is a felony false or
[01:05:11.280 --> 01:05:20.960]  a felony, not false filing, but where you lie in your affidavit. Perjury. Perjury, yes.
[01:05:20.960 --> 01:05:31.440]  Felony perjury. And the document that is a cloud of dots for the signature of both attorneys.
[01:05:31.440 --> 01:05:40.360]  Cloud of dots is how the stamp is made up of. And solid lines where they crossed out,
[01:05:40.360 --> 01:05:47.240]  it expires on and the cloud of dots is permanent. And then the date is written in in strong
[01:05:47.240 --> 01:05:54.720]  pen, no crown of dots on the copy that I have. Keep in mind that this purported affidavit,
[01:05:54.720 --> 01:05:57.600]  when I asked him, I said, well, submit it to the court. He said, I'm not going to do
[01:05:57.600 --> 01:06:02.040]  that, which again shows up in a transcript that I submitted to the court and I haven't
[01:06:02.040 --> 01:06:07.320]  already recorded enough. So you have a situation where a lawyer is writing an affidavit and
[01:06:07.320 --> 01:06:17.120]  says, I'll send it to you, but not the court. That is interesting. Did that get a bar grievous?
[01:06:17.120 --> 01:06:24.000]  That one arrived just after I had bar grieved him and the state said, no, nothing had happened.
[01:06:24.000 --> 01:06:32.440]  So it's kind of my ace in the hole for the lawsuit for treble damages that I'll eventually
[01:06:32.440 --> 01:06:45.720]  file. If we're back to the plural implying that you can't go after this person for perjury,
[01:06:45.720 --> 01:06:55.040]  you cannot contract with anyone to violate law. And most every state makes it essentially
[01:06:55.040 --> 01:06:59.960]  misprison a felony if you don't report. If you have knowledge of a felony, you don't
[01:06:59.960 --> 01:07:09.480]  report it, then you become a criminal perpetrator. And no, you cannot contract away that liability.
[01:07:09.480 --> 01:07:16.800]  Then that's beautiful. I do have a venue question about this, that upcoming lawsuit against
[01:07:16.800 --> 01:07:22.040]  the attorney. And this would be the same one, the same law firm where the one attorney is
[01:07:22.040 --> 01:07:26.120]  no longer there. Now, the law office who created the suspected
[01:07:26.120 --> 01:07:31.160]  forged document and the false affidavit was in county, we'll say M. The suspected forged
[01:07:31.160 --> 01:07:37.440]  document was sent to me in county M. The false affidavit was sent to county W and submitted
[01:07:37.440 --> 01:07:45.240]  to the court. So where should the venue be placed? And the other question becomes, is
[01:07:45.240 --> 01:07:51.440]  there a way for me to wander up to the black robe judges in one of the counties and go,
[01:07:51.440 --> 01:08:02.640]  do you want this, Turkey? Essentially, you can file any county that would
[01:08:02.640 --> 01:08:11.280]  have venue on any issue could take venue on all the issues. So you can file it in the
[01:08:11.280 --> 01:08:18.480]  county, like here in Texas. If someone commits a tort, you can file on them in the county
[01:08:18.480 --> 01:08:26.320]  in which the tort was created. And if the tort spanned more than one county in any, either
[01:08:26.320 --> 01:08:38.440]  county that the tort occurred in or any county in between. So they would have equal venue
[01:08:38.440 --> 01:08:42.080]  unless it's different in Wisconsin. I doubt that it is.
[01:08:42.080 --> 01:08:50.200]  I doubt it would be. Now another thing, while I was wrapping up this case, I found an interesting
[01:08:50.200 --> 01:08:56.160]  address issue in a case that the guy who was suing was involved in. He contracted with
[01:08:56.160 --> 01:09:03.920]  the law firm with the lawyer casualty and gave an address for an entirely different
[01:09:03.920 --> 01:09:10.960]  location where one he was not living, but two was an actual different lawyer's address.
[01:09:10.960 --> 01:09:18.560]  That lawyer did family law. So when you say, when you submit an address to the court, is
[01:09:18.560 --> 01:09:24.320]  that supposed to be some place where you actually are at? Or is it not like a corporate, what?
[01:09:24.320 --> 01:09:33.800]  No, it's just a place where you can get mail. Okay, okay, great. But it can't be a PO box.
[01:09:33.800 --> 01:09:39.400]  That may be something particular. They probably want a residence so they can find you.
[01:09:39.400 --> 01:09:45.640]  Okay. But as far as perjury or anything like that, there's nothing of that nature. So long
[01:09:45.640 --> 01:09:52.280]  as the mail comes to that location, if the mail will get to him, then he's covered.
[01:09:52.280 --> 01:10:02.160]  Okay, that's fine then. Now one of the, in the upcoming lawsuit, I'm looking at local
[01:10:02.160 --> 01:10:06.560]  federal government employee, assuming that the one year, it falls under two years as
[01:10:06.560 --> 01:10:13.280]  opposed to one year on the federal level. I'm thinking of going after him directly
[01:10:13.280 --> 01:10:18.000]  and not involve the city simply because he was using his own personal car and I have
[01:10:18.000 --> 01:10:23.480]  that documented on video where I asked about his transportation and he said, oh, I've
[01:10:23.480 --> 01:10:30.320]  got my own personal car because I understand that the reason cities can get involved in
[01:10:30.320 --> 01:10:35.120]  police-centric lawsuits because they're cruising around in city-owned property.
[01:10:35.120 --> 01:10:45.800]  Yes. That's one of the things that the municipalities and the counties and the states waive their
[01:10:45.800 --> 01:10:54.200]  sovereign immunity over. If there's a county employee operating a backhoe and he sticks
[01:10:54.200 --> 01:11:01.720]  it through the window in your car, they can't claim sovereign immunity. They waived it.
[01:11:01.720 --> 01:11:12.320]  So if a public official or an employee of the governmental agency creates a tort while
[01:11:12.320 --> 01:11:21.200]  using a motor vehicle, actually it says a motorized piece of equipment. So it includes
[01:11:21.200 --> 01:11:26.280]  other things besides motor vehicles and that's generally for the road crews and such. So
[01:11:26.280 --> 01:11:34.520]  they have no sovereign immunity for those things. Okay. So it would definitely fall
[01:11:34.520 --> 01:11:45.200]  to him rather than the city? Yes. Okay. Was he an employee of the city? He is. Building
[01:11:45.200 --> 01:11:53.240]  inspector. Building inspector. Oh, go. He's acting under the authority of the city. He
[01:11:53.240 --> 01:11:59.680]  got them anyway. Yeah. Well, the problem is if I go after he's an employee, I only have
[01:11:59.680 --> 01:12:05.600]  90 days in which to make the lawsuit happen and it's well past the 90 days. If I say that
[01:12:05.600 --> 01:12:10.280]  the city isn't involved because he was driving his own car and he was acting under color
[01:12:10.280 --> 01:12:17.720]  of law, then I may have caught him. You may have standing. If you could show he likes
[01:12:17.720 --> 01:12:22.480]  subject matter jurisdiction, then he's impersonating a public official and he says he doesn't have
[01:12:22.480 --> 01:12:29.080]  a right to qualify immunity. Well, and the impersonation would be he slapped the condemnation
[01:12:29.080 --> 01:12:37.960]  notice and I have the video to my face where he said, yeah, I did that to get your attention.
[01:12:37.960 --> 01:12:45.000]  Knowing it was false. Yep. That would be my claim. Executing a document by deception.
[01:12:45.000 --> 01:12:53.080]  That's a new one. Thank you. We have that statute in Texas and they passed it for the
[01:12:53.080 --> 01:12:58.080]  Republic of Texas. But even if you don't have that statute, you got tampered with a government
[01:12:58.080 --> 01:13:05.600]  document. Okay. If he places on a document a statement that he knows is untrue and intends
[01:13:05.600 --> 01:13:12.560]  that it be taken as true, that's tampered with a government document. Okay. Now, the
[01:13:12.560 --> 01:13:18.640]  problem for me bumping that up in the federal lawsuit is the proper I have a right to life,
[01:13:18.640 --> 01:13:23.280]  liberty and the pursuit of happiness. I don't have necessarily a right to access of the
[01:13:23.280 --> 01:13:33.880]  property. Wait a minute. Hold on. Access to your property. The condemnation notice says
[01:13:33.880 --> 01:13:40.520]  after 24 hours of this, you are no longer allowed in your property. That's the thing.
[01:13:40.520 --> 01:13:49.440]  You don't have the right to privacy of your purpose person. You do have the right to be
[01:13:49.440 --> 01:14:01.440]  free from search or seizure of your property, not your person. Okay. Okay. Well, that's
[01:14:01.440 --> 01:14:07.760]  effective seizure of the property. Okay. Well, once I get to these other p****** ducks in
[01:14:07.760 --> 01:14:13.360]  my life in a row, I may be contacting you separately to contract with you. Give me some assistance
[01:14:13.360 --> 01:14:24.000]  on this one. Let's see. Can you, everyone's taken care of? All right. The only last one
[01:14:24.000 --> 01:14:30.120]  is recording in a courtroom. Now, pretty much everybody says you cannot record in the courtroom.
[01:14:30.120 --> 01:14:36.440]  You know, recording instruments are not allowed. That's not what Glick said. Okay. Well, the
[01:14:36.440 --> 01:14:46.680]  Glick Court said absolutely. It is a well-settled First Amendment right. Okay. That private
[01:14:46.680 --> 01:14:54.320]  citizens can videotape their public officials in the performance of their duty. Okay. Well,
[01:14:54.320 --> 01:15:01.520]  here's my little twist on it. In Wisconsin, if you are a notary, you can act as a court
[01:15:01.520 --> 01:15:09.000]  reporter. Court reporters are allowed to record as part of their court reporting duty. Now,
[01:15:09.000 --> 01:15:16.360]  to get to the dead judge, that's how this comes in. I've done the, I'm a notary. I have
[01:15:16.360 --> 01:15:21.960]  my stamp here. I have my, you know, certification. I'm going to act as a court reporter in this
[01:15:21.960 --> 01:15:30.840]  case. Now, I had an associate of mine who, there's a whole lot of not money in his life.
[01:15:30.840 --> 01:15:36.880]  And so I said, you need to have a court reporter there for your divorce. So, I wander into
[01:15:36.880 --> 01:15:42.920]  the courtroom before he is, and I start setting up on the other side of the bar. And this
[01:15:42.920 --> 01:15:47.600]  gal is looking at me and finally comes over and says, you know, what are you doing? I
[01:15:47.600 --> 01:15:52.920]  said, oh, I'm here. I'm in Wisconsin notary. Here's my paperwork. Here's my stamp. I'm
[01:15:52.920 --> 01:15:59.000]  here today to have function as a court reporter as we're allowed. She looks at me, her eyes
[01:15:59.000 --> 01:16:05.360]  get a little wider and she skitters off behind the, in a closed room. Then two or three other
[01:16:05.360 --> 01:16:10.440]  people come in and look at me and they skitter off. And then finally the other two parties
[01:16:10.440 --> 01:16:17.920]  show up and she says, yeah, the judge is too busy today. He can't see you. So follow me.
[01:16:17.920 --> 01:16:22.800]  And so I start unpacking. She goes, you don't need to come. I said, yes, I do. So we leave
[01:16:22.800 --> 01:16:30.080]  the courthouse and go into a disused room in the justice center where the sheriff and
[01:16:30.080 --> 01:16:35.480]  the police were in. And so in this disused room, then they had their meeting.
[01:16:35.480 --> 01:16:42.920]  Oh, that's interesting. Okay, we're about to go to break. I'd like to look at that on
[01:16:42.920 --> 01:16:49.520]  the other side. I take it she didn't interfere with your recording on the other side, in
[01:16:49.520 --> 01:16:53.720]  the other room. Okay, this is Randy Kelton, Debra, Steve, and Zeddy Craig. We'll go
[01:16:53.720 --> 01:16:58.800]  to our radio by calling number 512-646-1984. We'll be right back.
[01:16:58.800 --> 01:17:07.040]  All the talk about gun grabbing got you down. How would you like to be the proud owner of
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[01:19:22.440 --> 01:19:40.040]  Okay, we are back. Randy Kelton, Deb. Stephen J. Craig with Rueva Radio and we're talking
[01:19:40.040 --> 01:19:43.000]  to Mark in Wisconsin.
[01:19:43.000 --> 01:19:54.000]  Okay, you wanted to ask me any questions about the moving a court hearing, courting into
[01:19:54.000 --> 01:19:55.000]  the...
[01:19:55.000 --> 01:20:00.640]  Yeah, and another room. Did the judge show up?
[01:20:00.640 --> 01:20:04.480]  Nope. As far as I know, the judge never showed.
[01:20:04.480 --> 01:20:06.480]  Was this a mediation hearing?
[01:20:06.480 --> 01:20:12.960]  Yes, it was a mediation hearing and I believe it was even checked into the courthouse record
[01:20:12.960 --> 01:20:14.520]  as a mediation hearing.
[01:20:14.520 --> 01:20:21.320]  Oh, okay. So the judge really didn't need to... Who was the mediator? Or was this an informal...
[01:20:21.320 --> 01:20:27.720]  I take it since you were acting as a court reporter, it was not informal mediation.
[01:20:27.720 --> 01:20:34.160]  She said... I believe it got marked down as informal mediation in the record. But ultimately,
[01:20:34.160 --> 01:20:41.000]  it didn't matter. The other party didn't invite me to any of the other meetings and the other
[01:20:41.000 --> 01:20:52.440]  part is he did admit that the staff treated him entirely differently when I was there.
[01:20:52.440 --> 01:20:54.440]  Funny how that happens.
[01:20:54.440 --> 01:21:02.760]  Yeah, yeah, exactly. Exactly. That's a tip there to Mr. Graves about the importance of
[01:21:02.760 --> 01:21:09.400]  this. In fact, my case would have been entirely... In County W, would have went entirely differently
[01:21:09.400 --> 01:21:14.440]  if I had not been paying the court reporter because there I have the county commissioner
[01:21:14.440 --> 01:21:20.000]  going, this case is taking way too much of my time and many of the other things that would
[01:21:20.000 --> 01:21:28.120]  allow me to say that part of the reason to get something bumped into a federal courthouse,
[01:21:28.120 --> 01:21:34.320]  I do not believe a pro-state can get justice. And again, hand the court all records from
[01:21:34.320 --> 01:21:41.880]  this case and it's a 500 plus pages and goes, see here, see here, see here, see here.
[01:21:41.880 --> 01:21:49.440]  Now the other incident where I went ahead and played court reporter was a gentleman who
[01:21:49.440 --> 01:21:59.120]  was fighting a foreclosure and trying to do more patriot mythos than either you or what
[01:21:59.120 --> 01:22:07.640]  the gentleman from the, did the radio show on W, the We The People Radio Network, Skidmore?
[01:22:07.640 --> 01:22:09.640]  Steve Skidmore?
[01:22:09.640 --> 01:22:10.640]  Skidmark.
[01:22:10.640 --> 01:22:15.640]  Skidmark? Oh, just Skidmore.
[01:22:15.640 --> 01:22:22.440]  Yeah. Anyway, he wasn't doing that. He was doing, trying to tell me how if I write a
[01:22:22.440 --> 01:22:29.440]  check to the federal reserve, I can stop paying taxes, blah, blah, blah. So listening to him
[01:22:29.440 --> 01:22:35.520]  try and play junior boy detective, junior boy judge or junior boy lawyer was, just got
[01:22:35.520 --> 01:22:42.440]  me head shaking. But I'd show up in a county which we'll call county R. So I had to drive
[01:22:42.440 --> 01:22:49.680]  a good 75 miles out. I'd show up and I was told, judge isn't here. Judge is not going
[01:22:49.680 --> 01:22:56.440]  to be here. And, you know, having previously went, I'm here in this capacity and the judge
[01:22:56.440 --> 01:23:02.440]  not being there, I went okay, fine. On the third time, they said he's not here and it
[01:23:02.440 --> 01:23:11.160]  turned out an hour earlier he had shot himself in the head at the local park. No other information
[01:23:11.160 --> 01:23:16.840]  was ever publicly forthcoming as to why or anything else. I doubt, and he never actually,
[01:23:16.840 --> 01:23:24.480]  I never actually saw the guy at all. But that was my second round of playing as a notary
[01:23:24.480 --> 01:23:25.960]  playing court reporter.
[01:23:25.960 --> 01:23:34.440]  If you really didn't want to see you, you know, that's one version we can go with, you
[01:23:34.440 --> 01:23:49.480]  know. But my final question then, I'm wanting to bring charges against the defendant in this
[01:23:49.480 --> 01:23:55.760]  case for his false pleadings. Now, the other thing is he has a history of jerking around
[01:23:55.760 --> 01:24:01.400]  people including in one Milwaukee court when the court sent him a letter, he wrote on it
[01:24:01.400 --> 01:24:06.760]  and refused to return to sender. In addition, in a different case, or maybe it was that
[01:24:06.760 --> 01:24:15.480]  case, he had a pleading saying, please don't, please don't find against me because I don't
[01:24:15.480 --> 01:24:21.880]  have the money to pay. Well, on the day when the, he got a judgment against him, but the
[01:24:21.880 --> 01:24:29.560]  amount wasn't decided, then three days later the amount was decided. Well, the next day
[01:24:29.560 --> 01:24:39.000]  they made a filing with the Wisconsin Department of, Department of Financial Institutions that
[01:24:39.000 --> 01:24:47.520]  the business address was changed, or that the person who was the contact, the registered
[01:24:47.520 --> 01:24:53.000]  agent was withdrawing. And the address was for a location that they had been evicted
[01:24:53.000 --> 01:25:01.520]  from a few months earlier. And then the next day, they then formed a new corporation, in
[01:25:01.520 --> 01:25:07.560]  their different name. Now, to me, that looks like it's called Duggery and giving a giant
[01:25:07.560 --> 01:25:09.440]  finger to the court.
[01:25:09.440 --> 01:25:20.000]  That sounds like, what's the term, that he's a, I'm going to say a nominee, but he's the
[01:25:20.000 --> 01:25:26.880]  alter ego. The new corporation is an alter ego of the old corporation. Nowhere, and nowhere
[01:25:26.880 --> 01:25:32.040]  with the state of Wisconsin, part of what you're supposed to do is when assets are transferred
[01:25:32.040 --> 01:25:37.240]  from one corporation to another, you're supposed to make a filing. None of that was done. So
[01:25:37.240 --> 01:25:43.840]  we have years of him, you know, saying I'm not the company, years of this other stuff
[01:25:43.840 --> 01:25:51.160]  going on, as low level noise, there's probably crimes there. And I'd really like to just
[01:25:51.160 --> 01:25:59.080]  bypass the DA and go directly to the grand jury. So should I pick one of the judges
[01:25:59.080 --> 01:26:05.680]  that he jerked around and ask them to formally stick me in front of the grand jury with
[01:26:05.680 --> 01:26:15.360]  me? No, just run the routine on the prosecutor first. So you can come back to the grand jury
[01:26:15.360 --> 01:26:20.560]  and go to the bailiff and say, you know, instruct the foreman that I have business with grand
[01:26:20.560 --> 01:26:24.040]  jury. He's going to say, I'm going to tell him the nature of the business. He says, yes,
[01:26:24.040 --> 01:26:28.360]  you can. You hand him these files. And when he looks at it, he says, you tell him, now
[01:26:28.360 --> 01:26:34.640]  I know what you're thinking. You're thinking I should go talk to the prosecuting attorney
[01:26:34.640 --> 01:26:44.200]  about what to do here. Bad idea, bubba. These complaints contain criminal complaints against
[01:26:44.200 --> 01:26:49.800]  the district attorney. And if you go to the district attorney with these, I'll consider
[01:26:49.800 --> 01:26:58.640]  that an act of obstruction of justice. I told that to a bailiff in Johnson County. And he
[01:26:58.640 --> 01:27:03.600]  stood there a minute and that was the bailiff who really hated me and I had crawled down
[01:27:03.600 --> 01:27:09.840]  his throat three or four times. The only bailiff there who ever heard a sharp word from me.
[01:27:09.840 --> 01:27:15.120]  I got along great with all the rest of them. But he had an attitude, so I helped him out
[01:27:15.120 --> 01:27:23.840]  with it. And in spite of the fact that he hated me, he decided that maybe this guy's
[01:27:23.840 --> 01:27:28.280]  not kidding and he really will try to put me in front of a grand jury. So he gave him
[01:27:28.280 --> 01:27:32.640]  to the grand jury and I actually presented the district attorney to the grand jury in
[01:27:32.640 --> 01:27:37.840]  that case. So if you want to get to the grand jury, that's the best way I know to set him
[01:27:37.840 --> 01:27:47.040]  up. Okay. What do you think of just asking one of the judges nicely and putting on a
[01:27:47.040 --> 01:27:53.000]  business with a court, ask the judge nicely and then run the routine? You can. You run
[01:27:53.000 --> 01:28:01.440]  the routine on the judge. Okay. If the judge refuses, then you give the judge the complaints
[01:28:01.440 --> 01:28:10.920]  and he has a duty as a magistrate. Okay. I'll have to confirm that. That's been in place
[01:28:10.920 --> 01:28:19.200]  since 1215. Every judge as a magistrate is going to be that way in every state. And that's
[01:28:19.200 --> 01:28:26.400]  because when the country is put together, that's why you have JPs scattered around the county.
[01:28:26.400 --> 01:28:31.000]  So if somebody gets arrested, there is a justice of the piece close that they can take the
[01:28:31.000 --> 01:28:40.760]  person to and hold an examining trial. Okay. That should be pretty certain. Okay. Go ahead.
[01:28:40.760 --> 01:28:47.040]  I believe that covers everything that I've got here today. Good. You're having entirely
[01:28:47.040 --> 01:28:53.080]  too much fun. I told you that before. Oh, there was quite a bit of stress at the point
[01:28:53.080 --> 01:28:58.480]  where the judge, I'm sorry, the commissioner in the case was going, yeah, you're not getting
[01:28:58.480 --> 01:29:03.240]  any more discovery. And I don't really care that you've shown and handed me a document
[01:29:03.240 --> 01:29:10.880]  here today that says on in February, he signed as the agent of a non-existent corporation.
[01:29:10.880 --> 01:29:17.920]  And I don't really care about that. I'm still going to believe what the original, his original
[01:29:17.920 --> 01:29:21.600]  affidavit says. I'm taking everything that stated there is the God awful truth.
[01:29:21.600 --> 01:29:31.600]  That ought to be fun going after him. Failing to apply the law to the facts. Yeah, the law
[01:29:31.600 --> 01:29:36.880]  to the facts. He has a duty to determine the facts in accordance to the rules of evidence
[01:29:36.880 --> 01:29:44.920]  and then apply the law to the facts. That's a ministerial duty. Not for the decision that
[01:29:44.920 --> 01:29:49.720]  he made, but for what he failed to do that would have caused him to come to the right
[01:29:49.720 --> 01:29:55.160]  decision. Okay, thank you, Mark. This is Randy Kelton, David Stevens, Eddie Craig, Rule
[01:29:55.160 --> 01:30:04.320]  of Law Radio, our call in number 512-646-1984. Burglars are breaking into hotel rooms by
[01:30:04.320 --> 01:30:09.520]  effortlessly and silently opening those key card locks. I'm Dr. Catherine Albrecht and
[01:30:09.520 --> 01:30:13.960]  I'll be back to tell you how the hackers do it and what it means for you, the traveler,
[01:30:13.960 --> 01:30:19.480]  in a moment. Privacy is under attack. When you give up data about yourself, you'll never
[01:30:19.480 --> 01:30:24.320]  get it back again. And once your privacy is gone, you'll find your freedoms will start
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[01:30:44.520 --> 01:30:49.280]  When Janet Wolfer turned to her room at the Hyatt in Houston and found her laptop stolen,
[01:30:49.280 --> 01:30:53.960]  there was no sign of forced entry. And the housekeeper was ruled out as a suspect. So
[01:30:53.960 --> 01:30:59.320]  who done it? A hacker, it turns out, using a digital tool that spoofs the computerized
[01:30:59.320 --> 01:31:05.480]  key card locks and plays at four million hotel rooms. After break-ins across Texas, the lock
[01:31:05.480 --> 01:31:11.720]  company Oniti offered a pretty lame solution, plugging the locks with putty. The real solution
[01:31:11.720 --> 01:31:16.880]  requires replacing every lock circuit board, something Oniti wants the hotels to pay for.
[01:31:16.880 --> 01:31:22.640]  But what if they don't? Well, it may be time to stay somewhere else. Motel 6 anyone? I've
[01:31:22.640 --> 01:31:31.720]  got your Cameron Albright for StartPage.com, the world's most private search engine.
[01:31:31.720 --> 01:31:37.040]  A noble lie, Oklahoma City, 1995 will change forever the way you look at the true nature
[01:31:37.040 --> 01:31:39.960]  of terrorism. Based on the damage patting to the building,
[01:31:39.960 --> 01:31:44.480]  what the government says is impossible. The grand jury did not want to hear anything
[01:31:44.480 --> 01:31:49.440]  I had to say. The decision was made not to pursue any more of those individuals. Some
[01:31:49.440 --> 01:31:55.320]  of these columns were ripped up, shredded, tossed around. The people that did the things
[01:31:55.320 --> 01:32:02.400]  they did knew doggone well what they were doing. Expose the cover up now at InnovaLive.com.
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[01:33:35.120 --> 01:33:40.760]  Okay, we are back. Randy Kelton, Deborah Stevens, Eddie Craig, a rule of law radio, and we're
[01:33:40.760 --> 01:33:43.640]  going to Marie in Texas.
[01:33:43.640 --> 01:33:50.880]  Hi, Randy. Thank you so much for taking my call. I have an attorney who filed a complaint
[01:33:50.880 --> 01:34:02.840]  to Fort Coyne for a home owner's association fee. Are you there? Hello?
[01:34:02.840 --> 01:34:09.840]  Yeah, I'm here. Okay, he filed a...do you file...you said a report or a complaint?
[01:34:09.840 --> 01:34:12.840]  A complaint. A complaint. Okay.
[01:34:12.840 --> 01:34:13.840]  Okay.
[01:34:13.840 --> 01:34:17.840]  To Fort Coyne for non-payment of home owner association fee.
[01:34:17.840 --> 01:34:26.840]  That's one of the toughest things to fight. And it's a real scam around the country, and
[01:34:26.840 --> 01:34:33.840]  it's not one of the things I have had time to investigate yet. What was your question
[01:34:34.400 --> 01:34:36.240]  about that?
[01:34:36.240 --> 01:34:43.240]  I would like to file a restraining order, but I understand I have to file a complaint first.
[01:34:43.240 --> 01:34:49.120]  Yeah. So what would be your complaint?
[01:34:49.120 --> 01:34:52.840]  That he misrepresented the fact.
[01:34:52.840 --> 01:34:59.840]  Oh. Okay. Is it a substantial misrepresentation?
[01:34:59.840 --> 01:35:08.840]  Well, he's telling the court that I didn't pay, and I did. I have so far paid over $1,000,
[01:35:08.840 --> 01:35:13.840]  and he refused and returned the check.
[01:35:13.840 --> 01:35:23.840]  Oh. Then you should...okay, then let me think about that. Okay, this is...you should file
[01:35:23.840 --> 01:35:26.840]  under FDCPA.
[01:35:26.840 --> 01:35:37.840]  If you sent offer of payment, and he...okay, hold on. How much was in the rear?
[01:35:37.840 --> 01:35:47.840]  He...it's about $700, $800, because he's charging $500 attorney fee.
[01:35:47.840 --> 01:35:53.840]  Okay. And you sent a check for excess of that amount, and he refused to take it?
[01:35:53.840 --> 01:36:01.840]  I sent him the fee for the homeowners association. I sent it to the homeowners association also,
[01:36:01.840 --> 01:36:10.840]  but they have refused and returned them, and he returned it because I didn't add his attorney fee.
[01:36:10.840 --> 01:36:16.840]  Then you should countersue them for fraud.
[01:36:16.840 --> 01:36:30.840]  The offer made and not accepted is...how does it go? Once you made the offer, if they refused to take it, it's paid.
[01:36:30.840 --> 01:36:33.840]  When did he sue? How long ago?
[01:36:33.840 --> 01:36:40.840]  On...I filed an answer on the 28th.
[01:36:40.840 --> 01:36:45.840]  Okay. Did you countersue in the answer?
[01:36:45.840 --> 01:36:52.840]  No. No. I noticed that I had sent the checks, and they had returned them.
[01:36:52.840 --> 01:37:01.840]  Then countersued, filed an amended answer with a counter claim.
[01:37:01.840 --> 01:37:04.840]  Okay. How do I...how do I...
[01:37:04.840 --> 01:37:15.840]  Ask the court to rule that the offer to pay was denied, therefore, under the Uniform Commercial Code, the debt is paid.
[01:37:15.840 --> 01:37:22.840]  And this goes under FDCPA, including the federal court.
[01:37:22.840 --> 01:37:26.840]  I should go...because he filed in county. I should go to federal court?
[01:37:26.840 --> 01:37:33.840]  Oh, yeah. That'd be great fun. This FDCPA.
[01:37:33.840 --> 01:37:36.840]  What does that stand for, Randy?
[01:37:36.840 --> 01:37:39.840]  Fair Debt Collection Practices Act.
[01:37:39.840 --> 01:37:41.840]  Fair Debt Collection.
[01:37:41.840 --> 01:37:46.840]  Yeah. He is attempting to foreclose on a debt.
[01:37:46.840 --> 01:37:50.840]  He's foreclosing on your property for $700.
[01:37:50.840 --> 01:37:52.840]  Yes. And...
[01:37:52.840 --> 01:37:56.840]  And that he refused to take payment on?
[01:37:56.840 --> 01:38:02.840]  That should get a bar grievance against him immediately. That'll double his malpractice insurance.
[01:38:02.840 --> 01:38:06.840]  And then an FDCPA suit.
[01:38:06.840 --> 01:38:09.840]  And that's relatively easy to do.
[01:38:09.840 --> 01:38:11.840]  Okay. And...
[01:38:11.840 --> 01:38:14.840]  Go to remedies in real estate.
[01:38:14.840 --> 01:38:16.840]  Where?
[01:38:16.840 --> 01:38:26.840]  Remediesinrealestate.com and click on the free forensic analysis.
[01:38:26.840 --> 01:38:27.840]  Okay.
[01:38:27.840 --> 01:38:37.840]  And it'll bring up a map and look for consumer protection laws. I think it's under gathering information.
[01:38:37.840 --> 01:38:43.840]  And there's a FDCPA questionnaire in there. It's a little clunky. It's not...
[01:38:43.840 --> 01:38:50.840]  I need to do a little work on it, but it has all of the standards in a questionnaire format.
[01:38:50.840 --> 01:38:54.840]  And you just walk down it. Did he do this? Did he do this? Did he do this?
[01:38:54.840 --> 01:38:57.840]  And pick the one he did. Oh, you only need one.
[01:38:57.840 --> 01:38:58.840]  Okay.
[01:38:58.840 --> 01:39:03.840]  And then you can sue him in the federal court.
[01:39:03.840 --> 01:39:11.840]  Now, my question is, how do I articulate on the complaint that he did that, that he misrepresented sex?
[01:39:11.840 --> 01:39:13.840]  Okay. I don't...
[01:39:13.840 --> 01:39:20.840]  I pretty well know the Uniform Commercial Code, but I don't have the codes stuck in memory,
[01:39:20.840 --> 01:39:24.840]  but all of these patriots have talked about this for a long time.
[01:39:24.840 --> 01:39:34.840]  It's offer tendered is... payment tendered is payment made. And you need to find in the Uniform Commercial Code
[01:39:34.840 --> 01:39:43.840]  where it says that if you offer to tender payment and it's refused, the payment's considered paid.
[01:39:43.840 --> 01:39:53.840]  And that's where they come in. The lawyer can't refuse the payment just because his fees are not in there.
[01:39:53.840 --> 01:39:56.840]  So the bar grievance against him would double his malpractice insurance.
[01:39:56.840 --> 01:40:01.840]  It would cost him 20, 30 grand a year right off the bat.
[01:40:01.840 --> 01:40:02.840]  Okay.
[01:40:02.840 --> 01:40:05.840]  And that'll let him know you know how to beat him up.
[01:40:05.840 --> 01:40:06.840]  Okay.
[01:40:06.840 --> 01:40:17.840]  And then file an amended complaint with a countersuit, or you can just file a countersuit.
[01:40:17.840 --> 01:40:20.840]  And let him know you're going to make him pay.
[01:40:20.840 --> 01:40:21.840]  Okay.
[01:40:21.840 --> 01:40:27.840]  And then what about the restraining order? How do I word the restraining order?
[01:40:27.840 --> 01:40:34.840]  Okay. Well, the restraining order is way too complex to do on the show.
[01:40:34.840 --> 01:40:41.840]  You can do a search on the Internet for foreclosure restraining order.
[01:40:41.840 --> 01:40:51.840]  In a restraining order, okay, okay, let me back up. This doesn't call for restraining order.
[01:40:51.840 --> 01:40:59.840]  Restraining order means temporary restraining order. You want a preliminary injunction.
[01:40:59.840 --> 01:41:00.840]  Okay.
[01:41:00.840 --> 01:41:10.840]  So look up preliminary injunction. You have to show that there is a reasonable likelihood that you will prevail
[01:41:10.840 --> 01:41:13.840]  in the case.
[01:41:13.840 --> 01:41:25.840]  And that if they are allowed to foreclose, it will create an unreasonable harm that cannot be corrected.
[01:41:25.840 --> 01:41:31.840]  And that the restraining order will not place an undue burden on the other party.
[01:41:31.840 --> 01:41:38.840]  And in this case, since the other party refused payment, they can't claim burden at all.
[01:41:38.840 --> 01:41:48.840]  And you should accuse the lawyer of churning the case over a pittance.
[01:41:48.840 --> 01:41:57.840]  He are fomenting litigation by refusing to accept payment.
[01:41:57.840 --> 01:42:01.840]  He used that as an excuse to create litigation.
[01:42:01.840 --> 01:42:09.840]  So you accuse him of fomenting litigation and definitely grieve him for that.
[01:42:09.840 --> 01:42:17.840]  You can also go to bargrevance.net and click on American Bar Association Model Standards.
[01:42:17.840 --> 01:42:21.840]  I've got that in a questionnaire format as well.
[01:42:21.840 --> 01:42:29.840]  And follow the questions. You'll find the one that goes to what he has done and write a bar grievance against him on that.
[01:42:29.840 --> 01:42:32.840]  That will make him nuts.
[01:42:32.840 --> 01:42:34.840]  Okay. Wonderful.
[01:42:34.840 --> 01:42:37.840]  But look up for preliminary injunction.
[01:42:37.840 --> 01:42:43.840]  And you'll find a document that will show you what the matter of fact...
[01:42:43.840 --> 01:42:50.840]  I was loading up the website today with that kind of information, but somehow I crashed it.
[01:42:50.840 --> 01:42:52.840]  So I had to take it out.
[01:42:52.840 --> 01:42:57.840]  When the show started, I was working on trying to remedy a little problem.
[01:42:57.840 --> 01:43:02.840]  But I have a bunch of about 2,000 forms that I was posting up.
[01:43:02.840 --> 01:43:05.840]  And that's what crashed my website. I'll have that soon.
[01:43:05.840 --> 01:43:14.840]  But just do a search for preliminary injunction and you'll find some and read them over and it'll become real clear what you have to do.
[01:43:14.840 --> 01:43:18.840]  Okay. And I'll need to file that form with the court.
[01:43:18.840 --> 01:43:22.840]  Yes.
[01:43:22.840 --> 01:43:29.840]  And I meant to ask you, Randy, what is the timeline for the docket once I file my response?
[01:43:29.840 --> 01:43:36.840]  Once you filed your answer, it's up to the other side.
[01:43:36.840 --> 01:43:42.840]  The state court is... I'm not as familiar with the peculiarities of each state court.
[01:43:42.840 --> 01:43:51.840]  But generally in the state court, the answer you've got until the Monday after the 21st day in Texas is the same in the Fed.
[01:43:51.840 --> 01:43:59.840]  But generally on everything else, you have 30 days in the Fed. You have 10 days.
[01:43:59.840 --> 01:44:05.840]  And now we have sheriff saying, you're not going to do that here. We don't care. What laws you pass.
[01:44:05.840 --> 01:44:09.840]  You want to play with those little things in Washington, D.C.? That's fine.
[01:44:09.840 --> 01:44:19.840]  But you're not doing it in my county. As long as I'm the sheriff here, we will draw the line in the sand and we draw the line with freedom.
[01:44:19.840 --> 01:44:30.840]  Sewing Sheriff Mack for two special free engagements in Austin this week as he encourages you and local law enforcement to stand up to the federal bullies aiming to take away our rights.
[01:44:30.840 --> 01:44:37.840]  Sheriff Mack will be speaking this Friday at Hills Cafe, 4700 South Congress Avenue, at 7 p.m.
[01:44:37.840 --> 01:44:46.840]  And on Saturday at 7 p.m., he will be speaking at your favorite local Liberty bookstore, Grave New Books, located at 1904 Guadalupe.
[01:44:46.840 --> 01:44:55.840]  For more information, please call the bookstore at 512-480-2503. And remember always, Austin, be brave.
[01:45:16.840 --> 01:45:22.840]  Know what your lawyer should be doing. If you don't have a lawyer, know what you should do for yourself.
[01:45:22.840 --> 01:45:27.840]  Thousands have won with our step-by-step course. And now you can too.
[01:45:27.840 --> 01:45:33.840]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[01:45:33.840 --> 01:45:42.840]  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.
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[01:46:21.840 --> 01:46:50.840]  Okay, we are back. Randy Calhoun, Debra Steven, J.D. Craig, Rule of Law Radio, and we have lost Marie, so we're going to go to Johnny and Tejas.
[01:46:50.840 --> 01:46:59.840]  Hey, Randy. How are you? How are you doing tonight? Tired. Yeah, I bet you are.
[01:46:59.840 --> 01:47:14.840]  Well, as you know, I have eviction hearing coming up in a few days, and I have just a couple of questions related to, in addition to other things that are being worked on,
[01:47:14.840 --> 01:47:23.840]  maybe some other things that I might be able to raise just to kind of set the background. You already know this, but just for anyone listening.
[01:47:23.840 --> 01:47:31.840]  There is a company in Delaware who purports to have purchased my property in a substitute trustee sale.
[01:47:31.840 --> 01:47:41.840]  This company has hired a property management company out of Austin, Texas to manage their properties for them.
[01:47:41.840 --> 01:47:52.840]  And then this company in Austin has, in turn, they basically hire a realty company in Dallas to go all around Dallas, Fort Worth,
[01:47:52.840 --> 01:48:03.840]  placing notices to vacate on people's doors all day long. And I got a notice to vacate on my door that was signed by a realtor of this company.
[01:48:03.840 --> 01:48:14.840]  Okay. One of the things that I was considering raising at the eviction hearing is the issue of agency.
[01:48:14.840 --> 01:48:27.840]  Under the property code, where it talks about Section 24 of the property code, a demand for possession and notice to vacate prior to filing a eviction suit
[01:48:27.840 --> 01:48:43.840]  must be made by the landlord. And the landlord is consistently defined as an owner, lesser or sub-lesser of a dwelling, or an agent of that owner.
[01:48:43.840 --> 01:48:52.840]  Okay. What I suspect is going to happen now that this Delaware company has hired an attorney firm out of Houston to handle this eviction case,
[01:48:52.840 --> 01:49:00.840]  and I don't know if they're going to come all the way to Dallas, I suspect, or Fort Worth, but I suspect what's going to happen is one of the realtiers
[01:49:00.840 --> 01:49:05.840]  or somebody from the property management company is going to show up and stand in in the eviction case.
[01:49:05.840 --> 01:49:09.840]  They can't do that. They have to have a lawyer.
[01:49:09.840 --> 01:49:24.840]  Okay. Well, what they may do, what they'll probably do is hire a lawyer here to stand in, but the lawyer cannot establish agency for the agents.
[01:49:24.840 --> 01:49:38.840]  That's where I was going to go. Corpus Jurisicundum, second and third, restatements of a law of agency, American Jurisprudence, and a ton of Texas case law says that agency cannot be presumed.
[01:49:38.840 --> 01:49:45.840]  It must be proved to exist and cannot be proved out of the mouth of the agent. So...
[01:49:45.840 --> 01:49:48.840]  Must be proven out of the mouth of the principal.
[01:49:48.840 --> 01:50:03.840]  Correct. So, I'm looking at the aspect of this third-party realtor who signed the notice to vacate. You know, that's a pretty filing.
[01:50:03.840 --> 01:50:10.840]  The notice to vacate is not relevant. Who did the eviction? Under whose name?
[01:50:10.840 --> 01:50:26.840]  I mean, I take it a lawyer signed the petition for an unlawful detainer, but I take it he did that under the name of the Delaware Company?
[01:50:26.840 --> 01:50:43.840]  Well, when I got served with the citation, there was a letter included, which I never got, and it just says it tells who the letter from the attorney says who they represent first to them as the owner.
[01:50:43.840 --> 01:50:51.840]  It says our client owns the above-reference property, which you are occupying, and the property was sold, and you're now attending its sufferance.
[01:50:51.840 --> 01:50:58.840]  Is the owner's name on a warranty deed?
[01:50:58.840 --> 01:51:01.840]  It's not on a warranty deed, no.
[01:51:01.840 --> 01:51:04.840]  Then you can maintain you're still on the property.
[01:51:04.840 --> 01:51:06.840]  Okay.
[01:51:06.840 --> 01:51:16.840]  There's nothing in the record to indicate that these people purchased the property. If they maintain they have a claim, if it's not filed in the record, it's not valid under $13,001.
[01:51:16.840 --> 01:51:20.840]  Well, you said a warranty deed. Do you mean a substitute trustee's deed?
[01:51:20.840 --> 01:51:25.840]  That's what a substitute trustee's deed is essentially a warranty deed.
[01:51:25.840 --> 01:51:29.840]  Okay. Well, there is a substitute trustee's deed filed into the county record.
[01:51:29.840 --> 01:51:32.840]  Oh, okay. Bummer. Sometimes they don't get that done.
[01:51:32.840 --> 01:51:34.840]  Yeah.
[01:51:34.840 --> 01:51:52.840]  Okay. Any claim against those third parties won't be relevant because the party just notified you to leave the property.
[01:51:52.840 --> 01:51:56.840]  It didn't take any legal action against you.
[01:51:56.840 --> 01:52:00.840]  So you'd have no claim against him.
[01:52:00.840 --> 01:52:12.840]  And if the notice was not in this person's name but was in the name of the owner, you're not going to have any claim there.
[01:52:12.840 --> 01:52:30.840]  Well, what I'm looking at is specifically under $24.005 of the property code, notice to vacate prior to filing an eviction suit. It sets out that a notice to vacate has to be done prior to filing the eviction suit and that it has to be done by the landlord, which is the...
[01:52:30.840 --> 01:52:46.840]  Well, yeah, but the courts are going to read that to say that the landlord himself does not have to walk down there and place the notice himself. He can engage someone else to do that for him.
[01:52:46.840 --> 01:52:48.840]  Okay.
[01:52:48.840 --> 01:53:02.840]  So the courts are going to say if the notice is in the name of the landlord, then the notice doesn't make any difference who brought you the notice, only that it's in the landlord's name.
[01:53:02.840 --> 01:53:05.840]  Okay.
[01:53:05.840 --> 01:53:07.840]  Well?
[01:53:07.840 --> 01:53:13.840]  We have a lot of other ways to go after subject matter jurisdiction.
[01:53:13.840 --> 01:53:24.840]  That's where we want to go to. We have an eviction hearing coming and the judge, the JP is going to rule against you no matter what you do.
[01:53:24.840 --> 01:53:25.840]  Yep.
[01:53:25.840 --> 01:53:39.840]  So we'll follow a challenge to subject matter jurisdiction, get the judge to deny it. Then we'll do removal and hopefully the judge will try to do a little song and dance after the removal.
[01:53:39.840 --> 01:53:45.840]  And if he does that, then we get to file criminal charges against the judge for impersonating a judicial officer.
[01:53:45.840 --> 01:53:46.840]  Yep.
[01:53:46.840 --> 01:54:00.840]  And when he denies the challenge to subject matter jurisdiction, best way to handle that is not to appeal it, but to sue the judge in his personal capacity.
[01:54:00.840 --> 01:54:21.840]  And that actually goes to my next question. There's a bunch of Texas case law which says that basically if you seek the affirmative action of a court on any question other than jurisdiction,
[01:54:21.840 --> 01:54:35.840]  it's basically a general appearance and paraphrase to a grant of jurisdiction basically. So does that mean that if I file a motion to dismiss on any grounds other than jurisdiction?
[01:54:35.840 --> 01:54:36.840]  No.
[01:54:36.840 --> 01:54:38.840]  And I've also seen Texas case law which says that...
[01:54:38.840 --> 01:54:48.840]  No, no, no. You can, so long as you can file other motions along with a plea to the jurisdiction.
[01:54:48.840 --> 01:54:56.840]  And when you stand in the court, doesn't make any difference which one the judge hears first, so long as they're all filed together.
[01:54:56.840 --> 01:54:57.840]  Okay.
[01:54:57.840 --> 01:55:07.840]  So you can file, it's appropriate to file other motions in case the judge dismisses. You don't waive all those other issues.
[01:55:07.840 --> 01:55:21.840]  But once the subject matter jurisdiction is filed, it stands so that you cannot subsequently give the court jurisdiction if it didn't have it in the first place.
[01:55:21.840 --> 01:55:37.840]  Okay. Now I have seen some appellate court opinions which say or allude to just the act of asking for an appeal is considered a grant of jurisdiction.
[01:55:37.840 --> 01:55:39.840]  Yeah, it is.
[01:55:39.840 --> 01:55:40.840]  Okay.
[01:55:40.840 --> 01:55:56.840]  But not if, no, you have to read that in context. If you're asking for an appeal on a challenge to subject matter jurisdiction, that is not as an admission.
[01:55:56.840 --> 01:56:03.840]  If you ask for an appeal on any other grounds without the subject matter jurisdiction issue, then you've waived it.
[01:56:03.840 --> 01:56:05.840]  Gotcha.
[01:56:05.840 --> 01:56:10.840]  Or you've waived your position.
[01:56:10.840 --> 01:56:21.840]  But the thing about subject matter jurisdiction, this is what I pulled on them in Collin County.
[01:56:21.840 --> 01:56:34.840]  The lawyer complained to the judge that I just gave him this 30-something page challenge to the jurisdiction two hours before this hearing.
[01:56:34.840 --> 01:56:40.840]  And I said, oh, your honor, he knows better than that.
[01:56:40.840 --> 01:56:47.840]  This is a challenge to subject matter jurisdiction. It can be filed at any time.
[01:56:47.840 --> 01:56:48.840]  Right.
[01:56:48.840 --> 01:56:54.840]  The judge was not happy. He knew I set him up with it. I did that on purpose.
[01:56:54.840 --> 01:57:02.840]  So the point of that is, you cannot ever waive subject matter jurisdiction, period.
[01:57:02.840 --> 01:57:03.840]  Yep.
[01:57:03.840 --> 01:57:11.840]  You can waive venue in personum, but you can never waive subject matter jurisdiction.
[01:57:11.840 --> 01:57:18.840]  Well, if I come to you and I say, you got this ticket over here and I think that judge in the court is a chump.
[01:57:18.840 --> 01:57:23.840]  So I'm going to be the judge for the case. Do you agree?
[01:57:23.840 --> 01:57:27.840]  No. You can't give me the jurisdiction no matter what.
[01:57:27.840 --> 01:57:28.840]  Okay, go ahead.
[01:57:28.840 --> 01:57:29.840]  Right.
[01:57:29.840 --> 01:57:38.840]  I'm going to ask the filing motion now, and I understand that. I've seen a ton of case law which says a challenge to the jurisdiction can be raised at any time, even on appeal.
[01:57:38.840 --> 01:57:51.840]  But as to filing other types of motions, the Rule 12 of the Texas Rules of Civil Procedure sets out that those rules govern also in the justice court.
[01:57:51.840 --> 01:58:02.840]  And most of the rules and the rules of civil procedure regarding the filing of motions say that in most cases, they have to be filed at least 10 days before the hearing on the matter.
[01:58:02.840 --> 01:58:06.840]  Well, in my case, from the...
[01:58:06.840 --> 01:58:08.840]  You didn't get 10 days.
[01:58:08.840 --> 01:58:10.840]  Right. The eviction...
[01:58:10.840 --> 01:58:13.840]  Great. Move for continuance.
[01:58:13.840 --> 01:58:15.840]  Black or proper notice.
[01:58:15.840 --> 01:58:18.840]  Okay.
[01:58:18.840 --> 01:58:20.840]  That worked good.
[01:58:20.840 --> 01:58:25.840]  I mean, you know, I got served with the summons and the solicitation.
[01:58:25.840 --> 01:58:27.840]  Hang on. We're about to go to break.
[01:58:27.840 --> 01:58:28.840]  Gotcha.
[01:58:28.840 --> 01:58:29.840]  Okay.
[01:58:29.840 --> 01:58:33.840]  For some reason, I'm not here and the bumper music is allowed as I normally do.
[01:58:33.840 --> 01:58:41.840]  Okay, this is Randy Kelton, Deborah Stevens, Eddie Craig, Rule of Law Radio. Our call in number 512-646-1984.
[01:58:41.840 --> 01:58:46.840]  Rob, Robert, Mark, I see you there. We will get to you on the other side.
[01:58:46.840 --> 01:58:50.840]  Let's do this.
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