[00:00.000 --> 00:07.800]  The following news flash is brought to you by the Lone Star Lowdown, providing your daily
[00:07.800 --> 00:14.240]  bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:14.240 --> 00:23.100]  into the tides of the alternative.
[00:23.100 --> 00:28.640]  Markets for the 21st of May, 2015, gold opened up at $1,204.09 now.
[00:28.640 --> 00:42.560]  Texas crude, $58.98 a barrel, and Bitcoin is currently sitting at about $236 U.S. currency.
[00:42.560 --> 00:47.660]  Today in history, Saturday, May 21st, 1932, Amelia Earhart lands in the field, completing
[00:47.660 --> 00:50.440]  the first transatlantic solo flight by a woman.
[00:50.440 --> 00:53.720]  She set off the day before from Harbor Grace, Newfoundland, Canada.
[00:53.720 --> 00:58.360]  She was initially aiming for Paris in her single-engine Lockheed Vega 5B, but after
[00:58.360 --> 01:03.400]  encountering storms and a burnt exhaust pipe, she ended up landing in a pasture at Coolmore
[01:03.400 --> 01:12.560]  in Northern Ireland, ending her 14-hour, 56-minute flight.
[01:12.560 --> 01:17.160]  In recent news, Michael C. Ford, a State Department employee who has worked out of the U.S. Embassy
[01:17.160 --> 01:22.280]  in London since 2009, was arrested at Hartsfield Jackson, Atlanta International Airport this
[01:22.280 --> 01:26.840]  past Sunday and appeared in a federal court today for apparently using government computers
[01:26.840 --> 01:31.400]  to extort college-age women into gathering sexually explicit material for him.
[01:31.400 --> 01:38.640]  He is also being charged with computer hacking and cyber-stalking.
[01:38.640 --> 01:42.440]  Cleanup crews have been hard at work picking up patches of crude petroleum off the beach
[01:42.440 --> 01:47.440]  and offshore waters from a pipeline that ruptured spewing as much as 2,500 barrels into San
[01:47.440 --> 01:51.420]  Rufigio State Beach and into the Pacific Ocean, west of Santa Barbara.
[01:51.420 --> 01:55.340]  This mess was caused when an underground pipeline running parallel to the coastal highway burst
[01:55.340 --> 01:57.320]  on Tuesday for no apparent reason.
[01:57.320 --> 02:02.180]  If estimates are correct, this makes it the biggest spill since the 1969 offshore oil
[02:02.180 --> 02:07.400]  well blowout that dumped 80,000 to 100,000 barrels of crude petroleum into the Santa
[02:07.400 --> 02:13.680]  Barbara Channel.
[02:13.680 --> 02:17.720]  Last night, 13 trillion electron volts were created at the four collision points spaced
[02:17.720 --> 02:19.920]  around the Large Hydrogen Collider's tunnel.
[02:19.920 --> 02:24.640]  The collider has been through a planned two-year refurbishing after its first run in 2012,
[02:24.640 --> 02:26.800]  which only produced 8 trillion electron volts.
[02:26.800 --> 02:31.200]  In early April, after a slight delay, twin proton beams circulated the collider's 7-kilometer
[02:31.200 --> 02:35.320]  ring 30 stories below the Swiss-French border for the first time in two years.
[02:35.320 --> 02:39.260]  The first collisions began in early May, however, yesterday's collisions are treading into
[02:39.260 --> 02:43.960]  never-before-reached levels of energy, in effect setting a new energy record.
[02:43.960 --> 02:46.160]  The Lone Star Lowdown is currently looking for sponsors.
[02:46.160 --> 02:49.640]  If you have a product or service that you would like to advertise on the Lowdown, feel
[02:49.640 --> 02:54.080]  free to give us a call at 210-863-5617.
[02:54.080 --> 02:57.440]  This has been your Lowdown for May 21, 2015.
[03:24.080 --> 03:49.080]  Okay, we are back, Randy Kelton, Lulaw Radio, and we're talking to Walk in New York.
[03:49.080 --> 03:56.640]  Okay, one thing about the U.S. Attorney's Office and the FBI, you have to understand
[03:56.640 --> 03:59.960]  they're part of the executive branch.
[03:59.960 --> 04:05.720]  They are the right hand of the president, and they're not going to do anything that's
[04:05.720 --> 04:10.840]  not politically inventitious to their boss.
[04:10.840 --> 04:16.800]  They just don't have the funds to enforce these minor little laws that are there to
[04:16.800 --> 04:23.440]  protect the sovereigns, the masters, their real masters, the president, and everything
[04:23.440 --> 04:25.400]  they do is political.
[04:25.400 --> 04:28.640]  They can't find political advantage from it.
[04:28.640 --> 04:33.600]  They're not going to do it, and that's my story, and I'm sticking to it.
[04:33.600 --> 04:34.600]  Right.
[04:34.600 --> 04:35.600]  So, okay.
[04:35.600 --> 04:42.160]  I didn't tell you what it's about.
[04:42.160 --> 04:49.320]  A young man was going through the system with Eddie Craig's program, and what the judge
[04:49.320 --> 04:56.440]  did was a bill of attainder, they seized and sold his car without any due process in the
[04:56.440 --> 04:57.440]  court.
[04:57.440 --> 05:00.600]  He was never found guilty of anything, and he still sold it anyway.
[05:00.600 --> 05:04.880]  That's a serious matter, and then they knew-
[05:04.880 --> 05:05.880]  Wait a minute.
[05:05.880 --> 05:06.880]  How is it a federal matter?
[05:06.880 --> 05:12.360]  They put him in the court, Randy, because I called there and sent information showing
[05:12.360 --> 05:17.360]  that it's wrong what they did, what they were about to do, so when we went to the court,
[05:17.360 --> 05:22.920]  the judge wasn't even there, didn't show up, and what they had there was someone impersonating
[05:22.920 --> 05:27.480]  the judge, a police officer, that serious.
[05:27.480 --> 05:31.280]  So this is all in the complaint, all these things.
[05:31.280 --> 05:37.880]  So I was thinking, you know, that if they're not going to do it, I know the U.S. Marshal
[05:37.880 --> 05:42.280]  or how about the grand jury, or who politically would be interested in-
[05:42.280 --> 05:43.280]  Okay.
[05:43.280 --> 05:44.280]  Wait a minute.
[05:44.280 --> 05:45.280]  Hold on.
[05:45.280 --> 05:53.600]  First thing I need to know is how does this become a federal issue?
[05:53.600 --> 06:01.520]  Because these, there was a one, okay, we got trafficking and stolen autos.
[06:01.520 --> 06:09.040]  That's not- unless they did it across state lines, that's not federal.
[06:09.040 --> 06:13.000]  U.S. constitutional violation, it is federal.
[06:13.000 --> 06:15.720]  Yes, but that's a civil claim.
[06:15.720 --> 06:20.200]  Well, that's what I want with your federal criminal acts.
[06:20.200 --> 06:23.520]  No, no, no, that's a civil claim.
[06:23.520 --> 06:26.880]  That's the cause of action.
[06:26.880 --> 06:32.440]  What is the federal criminal statutes that he violated?
[06:32.440 --> 06:34.920]  What's that?
[06:34.920 --> 06:37.600]  I'm trying to figure how this gets to federal.
[06:37.600 --> 06:42.320]  Well, I don't have it the whole case in front of me, Ray, but I know that I looked it up
[06:42.320 --> 06:49.280]  and all the codes and violations that I entered into the complaint, they're directly related
[06:49.280 --> 06:53.560]  with the U.S. constitutional violations and-
[06:53.560 --> 06:58.280]  Okay, but that goes to a 1983 suit.
[06:58.280 --> 07:06.880]  A constitutional violation does not necessarily mean that the individual committed a criminal
[07:06.880 --> 07:10.560]  act in violation of a penal statute.
[07:10.560 --> 07:15.240]  To file a criminal complaint against him, you would have to name him as violating a
[07:15.240 --> 07:17.480]  penal statute.
[07:17.480 --> 07:24.920]  But if he did violate a penal statute, he'd have to do that in a federal enclave.
[07:24.920 --> 07:30.680]  So how do we get to federal from the state?
[07:30.680 --> 07:34.280]  Bill of a Pender is forbidden in the constitution.
[07:34.280 --> 07:36.240]  It's a serious matter.
[07:36.240 --> 07:37.240]  Okay.
[07:37.240 --> 07:38.880]  That's what the judge did.
[07:38.880 --> 07:42.120]  And another judge, we went to-
[07:42.120 --> 07:44.120]  Was he a state judge or federal judge?
[07:44.120 --> 07:47.160]  State, but here's what he did, too.
[07:47.160 --> 07:48.920]  He committed serious criminal acts.
[07:48.920 --> 07:49.920]  Here's what he did.
[07:49.920 --> 07:55.560]  He told the DMV, he sent a notice to the DMV that this young man never showed up in court.
[07:55.560 --> 07:56.560]  Wait a minute.
[07:56.560 --> 07:57.560]  Wait a minute.
[07:57.560 --> 08:01.440]  You're jumping past this really, really important part.
[08:01.440 --> 08:06.000]  He's a state judge enforcing state law.
[08:06.000 --> 08:09.280]  How do we get to the feds?
[08:09.280 --> 08:14.160]  We can't hold this U.S. attorney's foot to the fire unless we got a match.
[08:14.160 --> 08:18.800]  First of all, the state judge also takes an oath to uphold the U.S. constitution.
[08:18.800 --> 08:19.800]  So what?
[08:19.800 --> 08:21.880]  Besides the state constitution.
[08:21.880 --> 08:22.880]  So what?
[08:22.880 --> 08:23.880]  Well, I didn't hear you.
[08:23.880 --> 08:24.880]  I'm sorry.
[08:24.880 --> 08:25.880]  My phone wasn't there.
[08:25.880 --> 08:26.880]  I'm saying, so what?
[08:26.880 --> 08:29.880]  How does that get us to a federal violation?
[08:29.880 --> 08:33.840]  Well, that's when you fail to uphold the constitution of the United States.
[08:33.840 --> 08:34.840]  That's treason.
[08:34.840 --> 08:35.840]  It's federal crime.
[08:35.840 --> 08:36.840]  No, it's not.
[08:36.840 --> 08:37.840]  No, it's not.
[08:37.840 --> 08:40.920]  Treason is armed insurrection against the government.
[08:40.920 --> 08:53.920]  It's kind of like sedition if you prevent the enforcement or enactment or enforcement
[08:53.920 --> 08:54.920]  of a law.
[08:54.920 --> 09:02.080]  That goes to sedition, but that only goes to an act within the federal purview.
[09:02.080 --> 09:06.400]  This guy's in the state.
[09:06.400 --> 09:08.480]  We got to get him out of the state first.
[09:08.480 --> 09:11.560]  We have to get into the federal venue.
[09:11.560 --> 09:17.680]  Otherwise, it goes to subject matter jurisdiction, which the Fed don't have.
[09:17.680 --> 09:24.440]  Well, the matter, once he persuades him to have jurisdiction, he has to go to a federal
[09:24.440 --> 09:25.440]  court anyway.
[09:25.440 --> 09:26.440]  He has no jurisdiction.
[09:26.440 --> 09:27.440]  He's been charged.
[09:27.440 --> 09:29.440]  I also went to a random place.
[09:29.440 --> 09:30.440]  Hold on.
[09:30.440 --> 09:31.440]  Hold on.
[09:31.440 --> 09:35.640]  You're making these vague assertions.
[09:35.640 --> 09:39.120]  But I'm a creature of statute.
[09:39.120 --> 09:42.320]  I need you to say which statute he violated.
[09:42.320 --> 09:47.000]  Well, I say I'm not prepared to do that right now, but I could tell you this.
[09:47.000 --> 09:54.360]  I also filed with his mother and him, the young man, three of us signed it to the Judicial
[09:54.360 --> 09:58.840]  Pound Up Commission, the state, and they're not answering either, Randy.
[09:58.840 --> 10:03.520]  Now, let me just tell you one more thing to show you how bad this really is.
[10:03.520 --> 10:10.880]  This judge saying he never showed up for court.
[10:10.880 --> 10:11.880]  Hold on.
[10:11.880 --> 10:12.880]  I missed that part.
[10:12.880 --> 10:14.160]  You blanked out there for a minute.
[10:14.160 --> 10:15.880]  This judge, and then you blanked out.
[10:15.880 --> 10:16.880]  I got bad service.
[10:16.880 --> 10:17.880]  I'm sorry.
[10:17.880 --> 10:18.880]  All right.
[10:18.880 --> 10:25.160]  What this judge did was this judge, Judge Chiano, spent support in New York.
[10:25.160 --> 10:27.360]  He's a punk criminal.
[10:27.360 --> 10:29.520]  What he did, Randy, is this.
[10:29.520 --> 10:42.800]  He sent a notice to the New York State Department of Motor Vehicles telling the DMV that this
[10:42.800 --> 10:45.760]  young man never showed up in his court.
[10:45.760 --> 10:48.560]  He lied because he hid, Randy.
[10:48.560 --> 10:50.560]  He didn't show up.
[10:50.560 --> 10:53.080]  He's falsifying records.
[10:53.080 --> 10:55.080]  These are serious crime, Randy.
[10:55.080 --> 10:56.080]  Okay.
[10:56.080 --> 10:58.000]  I got past that part.
[10:58.000 --> 11:01.920]  These are still serious state crimes, not federal crimes.
[11:01.920 --> 11:10.880]  Well, then what happened was, in the DMV, we called the DMV that he gave a false notice
[11:10.880 --> 11:18.960]  to the DMV, and they said, we have to call the T-Sled Unit, T as in Tom, T-Sled Unit
[11:18.960 --> 11:27.080]  at New York State Supreme Court, or no, the T-Sled Unit told me to call this one judge
[11:27.080 --> 11:32.360]  at New York State Supreme Court, downtown in Rochester, and I talked to the secretary
[11:32.360 --> 11:36.960]  there, and he said, well, send a letter to the judge, Renzi, about this judge, and spent
[11:36.960 --> 11:37.960]  support.
[11:37.960 --> 11:39.120]  What happened here?
[11:39.120 --> 11:40.120]  We did, Randy.
[11:40.120 --> 11:45.360]  We told him everything, all the statutes and the laws and constitutional violations.
[11:45.360 --> 11:48.360]  He refused to answer that, too.
[11:48.360 --> 11:52.960]  Everybody's hiding in the dark, Randy, they don't respond.
[11:52.960 --> 11:53.960]  Of course.
[11:53.960 --> 11:54.960]  They're not.
[11:54.960 --> 11:55.960]  What's that?
[11:55.960 --> 11:59.400]  Well, you want, of course, they always do that, they're always going to try to protect
[11:59.400 --> 12:00.400]  each other.
[12:00.400 --> 12:05.200]  Are you aware that you have a good grand jury system in New York?
[12:05.200 --> 12:10.120]  The Fourth Amendment says you cannot seize property without a warrant.
[12:10.120 --> 12:11.480]  That's in the U.S. Constitution.
[12:11.480 --> 12:18.080]  They did it, and they sold it, and they knew very well that he was never found guilty in
[12:18.080 --> 12:23.080]  court, the police chief knew it, the judge knew it, the owner of the salvage yard that
[12:23.080 --> 12:26.480]  towed it, knew it, and they did it anyway.
[12:26.480 --> 12:35.200]  Okay, hold on, hold on, hold on, I think we just got to something extenuating.
[12:35.200 --> 12:43.480]  They towed his, the state towed his vehicle, had a towing company tow his vehicle.
[12:43.480 --> 12:48.880]  It was being held by the towing company.
[12:48.880 --> 12:57.040]  Did he have opportunity to secure his vehicle, or was it being withheld from him by the state?
[12:57.040 --> 13:05.840]  It was being withheld until he paid whatever they wanted, plus he had to show driver's
[13:05.840 --> 13:15.360]  license, registration, insurance, and he was doing that procedure that Eddie Chris has
[13:15.360 --> 13:16.360]  taught me.
[13:16.360 --> 13:17.360]  Okay.
[13:17.360 --> 13:22.440]  Okay, who had possession of the car, the state or the towing company?
[13:22.440 --> 13:31.480]  Well, the towing company had it, but it was authorized by a false towing authorization.
[13:31.480 --> 13:33.760]  There's no paperwork for it, Randy.
[13:33.760 --> 13:39.760]  It never showed up anywhere in the re-sale when they sold the car.
[13:39.760 --> 13:43.560]  There was no towing authorization expect, right?
[13:43.560 --> 13:50.520]  Okay, hold on, hold on, you're fighting a wrong fight here.
[13:50.520 --> 13:53.760]  You're fighting the state.
[13:53.760 --> 13:58.880]  If there's no towing authorization, there's nothing to indicate that the state authorized
[13:58.880 --> 14:02.560]  the towing company to take the vehicle in the first place.
[14:02.560 --> 14:07.600]  So the state has nothing to do with it.
[14:07.600 --> 14:08.600]  It's the towing company.
[14:08.600 --> 14:13.800]  Well, the police were there, they called the towing company.
[14:13.800 --> 14:21.960]  Okay, listen, listen, I understand that, but how can you establish that the police ordered
[14:21.960 --> 14:28.000]  him, the towing company, to tow this vehicle?
[14:28.000 --> 14:32.560]  Witnesses.
[14:32.560 --> 14:38.840]  Did the witness see the number that the police officer called?
[14:38.840 --> 14:43.960]  No, but when he was there, locked up in the car, you know, and his mother showed up and
[14:43.960 --> 14:44.960]  then-
[14:44.960 --> 14:46.960]  Wait, you can't, okay, you got to-
[14:46.960 --> 14:49.960]  Can I tell you one more thing, Randy, you'll find this interesting.
[14:49.960 --> 14:54.680]  Okay, what you're doing is you're throwing rocks at everybody you can find.
[14:54.680 --> 14:57.320]  Anybody who's out there that you can see may have something to do with this, you're trying
[14:57.320 --> 14:58.320]  to throw a rock at him.
[14:58.320 --> 14:59.980]  It's not going to help.
[14:59.980 --> 15:07.720]  If you can't make a case, it sounds wrong, it seems wrong, but if you can't establish
[15:07.720 --> 15:14.040]  with hard evidence that the state ordered this towing company to tow that vehicle, you
[15:14.040 --> 15:18.160]  don't have a claim against the state, you got a claim, a good claim against the towing
[15:18.160 --> 15:19.160]  company.
[15:19.160 --> 15:24.920]  Well, here's, okay, let me answer, when I went down to the towing company to discuss
[15:24.920 --> 15:31.560]  it with them, because we had, they had property, the young man had property in the car, and
[15:31.560 --> 15:36.840]  the police wouldn't let him take it when it was towed, so we went down there afterwards
[15:36.840 --> 15:42.360]  several days and they let him go in the car and I asked the lady there that ran the office
[15:42.360 --> 15:46.200]  and I see the towing authorization.
[15:46.200 --> 15:49.040]  First they couldn't find anything or anything, and then they found something that gave me
[15:49.040 --> 15:54.040]  a copy of it, me, nobody else, and you can't even read it.
[15:54.040 --> 15:58.000]  You could barely see something, but it's not really legible, but when it came time when
[15:58.000 --> 16:07.040]  they sold the car, claims had to be sent out to the young man and to the previous owner,
[16:07.040 --> 16:12.440]  and in that paperwork, there was no copy of a towing authorization.
[16:12.440 --> 16:18.480]  Okay, so you don't have a claim against the state.
[16:18.480 --> 16:25.760]  The towing company stole the car.
[16:25.760 --> 16:32.680]  That's what you know.
[16:32.680 --> 16:36.360]  Why are you trying to start a fight with somebody you can't win?
[16:36.360 --> 16:38.160]  You can win with the towing company.
[16:38.160 --> 16:47.840]  Hang on, hang on, Randy Kelton, Radio, I called in number 512-646-1984.
[16:47.840 --> 17:00.640]  Give us a call, we'll be taking your calls all night, we'll be right back.
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[19:12.680 --> 19:18.600]  Well don't let nothing get to you, only the father can deliver you, so don't let bad
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[19:47.720 --> 19:55.480]  Okay, we are back, we're in Kelton, Rule of Law Radio, and we're talking to Walt in New
[19:55.480 --> 19:56.480]  York.
[19:56.480 --> 19:57.480]  There we go.
[19:57.480 --> 19:58.480]  Okay.
[19:58.480 --> 19:59.480]  Hello, Walt in New York.
[19:59.480 --> 20:00.480]  Hey, Randy.
[20:00.480 --> 20:01.480]  Okay.
[20:01.480 --> 20:04.480]  I will connect to George with that lean notice of sale.
[20:04.480 --> 20:11.560]  That he's fairly aware that the car was illegally being sold by that salvage yard coal company.
[20:11.560 --> 20:17.240]  Because when the young man got pulled over, he just got that car a month before from the
[20:17.240 --> 20:23.800]  previous owner, so when the salvage yard wanted to sell that car, they didn't know who to
[20:23.800 --> 20:27.400]  send the lean notice to, either to the young man, because he didn't have the registration
[20:27.400 --> 20:29.360]  on him in the car.
[20:29.360 --> 20:33.960]  So they sent two copies of the lean sale notice to the young man, they had the car taken from
[20:33.960 --> 20:36.880]  him, and to the previous owner.
[20:36.880 --> 20:45.760]  Now in that package of paperwork, Randy, was a note from the police chief, the very boss
[20:45.760 --> 20:48.000]  of those cops that pulled him over.
[20:48.000 --> 20:52.120]  It works in the same courthouse with Judge Gianno, his name is Norquist.
[20:52.120 --> 20:56.800]  He told the original owner of the car that sold it to the young man, please give me a
[20:56.800 --> 21:00.560]  call if you have any questions about this sale.
[21:00.560 --> 21:05.680]  So the police department and the courts was totally involved in it, Randy.
[21:05.680 --> 21:06.680]  And then-
[21:06.680 --> 21:08.680]  Yeah, but okay.
[21:08.680 --> 21:16.200]  My problem is, is I'm thinking of this from a judge's perspective, and with what you just
[21:16.200 --> 21:19.020]  told me, I would say, so what?
[21:19.020 --> 21:27.000]  How does that implicate the government in this action?
[21:27.000 --> 21:31.160]  So far you haven't told me anything that I could use to tie-
[21:31.160 --> 21:32.160]  Yes, I have.
[21:32.160 --> 21:37.000]  The Fourth Amendment of the United States Constitution, even though it's not in effect,
[21:37.000 --> 21:41.040]  they swear to uphold it, so I show it in your face, and here's what it says in the Fourth
[21:41.040 --> 21:42.040]  Amendment.
[21:42.040 --> 21:46.720]  You cannot seize anybody's property without a civil property-
[21:46.720 --> 21:48.160]  Okay, I got that.
[21:48.160 --> 21:49.160]  We got that part.
[21:49.160 --> 21:51.400]  That's not where I'm going to.
[21:51.400 --> 21:54.720]  I'm going to a fact issue.
[21:54.720 --> 21:58.720]  How do you tie the government to this action?
[21:58.720 --> 22:06.560]  It's a federal issue because the US Constitution was violated.
[22:06.560 --> 22:10.000]  That's why the US, I'll just say, it's a constitutional-
[22:10.000 --> 22:11.860]  No, no, no.
[22:11.860 --> 22:21.920]  So far, you can't establish that the government took his property because the government didn't
[22:21.920 --> 22:23.280]  auction off his property.
[22:23.280 --> 22:26.560]  A private company did.
[22:26.560 --> 22:28.560]  The government didn't come and tow his vehicle.
[22:28.560 --> 22:30.960]  I had to go to some police department.
[22:30.960 --> 22:33.320]  They're the ones that are the federal police department.
[22:33.320 --> 22:34.320]  You too.
[22:34.320 --> 22:35.320]  You're not getting it.
[22:35.320 --> 22:43.840]  You're trying to argue for an issue you absolutely cannot win because you don't have a connection.
[22:43.840 --> 22:47.400]  You don't have a connection because you want a connection.
[22:47.400 --> 22:50.440]  You got to have facts, and you don't have any.
[22:50.440 --> 22:53.040]  Randy, they don't answer.
[22:53.040 --> 22:56.800]  Nobody's answering the charge in writing.
[22:56.800 --> 22:57.800]  So what?
[22:57.800 --> 23:01.520]  They don't have to.
[23:01.520 --> 23:02.520]  What invokes their duty?
[23:02.520 --> 23:06.280]  I said duty, Randy, what do you mean they don't have to?
[23:06.280 --> 23:07.280]  That's what I mean.
[23:07.280 --> 23:08.280]  They don't have to.
[23:08.280 --> 23:09.280]  Yes, they do.
[23:09.280 --> 23:10.280]  Okay, show me.
[23:10.280 --> 23:15.760]  Any government, functioning government, they don't have to do anything.
[23:15.760 --> 23:24.440]  Okay, Walt, the problem here is you're talking about how you think things ought to be and
[23:24.440 --> 23:27.960]  not how things actually are.
[23:27.960 --> 23:32.040]  I go back to I'm a creature of statute.
[23:32.040 --> 23:39.200]  Instead of saying they did this thing wrong, you have to be able to say they did this thing
[23:39.200 --> 23:50.440]  and this thing was in violation of this statute or this court ruling or this procedure.
[23:50.440 --> 23:52.360]  You can't just say it's wrong.
[23:52.360 --> 23:56.000]  Okay, as I understand it, this person was pulled over.
[23:56.000 --> 24:05.000]  He was written a citation and his vehicle was towed or his conveyance was towed by a
[24:05.000 --> 24:08.280]  private towing company.
[24:08.280 --> 24:18.160]  What I don't have is a direct connection between the government agency that wrote the citation
[24:18.160 --> 24:22.360]  and the towing company that towed the vehicle.
[24:22.360 --> 24:27.360]  You're the one that said the towing company can't show that they were authorized to tow
[24:27.360 --> 24:29.720]  this in the first place.
[24:29.720 --> 24:36.640]  When I heard that, I thought holy crap, Ola, you got a really good shot at this guy.
[24:36.640 --> 24:39.600]  You're fighting the wrong fight.
[24:39.600 --> 24:45.320]  You need to go stick your boot up the towing company's behind and get the towing company
[24:45.320 --> 24:52.160]  to throw the police department under the bus because you don't have the police department
[24:52.160 --> 24:56.360]  right now because you don't have that written authorization by the police connecting the
[24:56.360 --> 24:57.360]  two together.
[24:57.360 --> 24:58.360]  Am I making sense here?
[24:58.360 --> 24:59.360]  All right, Randy.
[24:59.360 --> 25:01.400]  Last thing I'll just say if I click.
[25:01.400 --> 25:05.360]  I see where you're coming from, okay?
[25:05.360 --> 25:12.200]  At that stop, a young man, before they pulled his car, he called me on his cell phone.
[25:12.200 --> 25:13.720]  He asked me for help.
[25:13.720 --> 25:15.840]  What do I say to the police?
[25:15.840 --> 25:18.280]  So I gave him Eddie Craig's instructions.
[25:18.280 --> 25:25.000]  As soon as he started answering, they got scared of the police, and he was outside his
[25:25.000 --> 25:28.000]  car by his trunk in the back.
[25:28.000 --> 25:30.400]  He's talking to me on the phone and he's answering the police questions.
[25:30.400 --> 25:32.520]  I could hear the police asking the questions.
[25:32.520 --> 25:34.200]  Now, I'm giving them counsel.
[25:34.200 --> 25:38.040]  Now, watch this, Randy, what happened is very serious.
[25:38.040 --> 25:42.080]  The police got scared because they contradicted themselves.
[25:42.080 --> 25:49.360]  And these questions, I mean, Eddie's questions confused them, so they told the young man,
[25:49.360 --> 25:54.640]  his name is Austin, he's my former wife's son, they called the young man, put the cell
[25:54.640 --> 26:00.800]  phone down, and I ain't got mine on, Randy, and I'm recording it.
[26:00.800 --> 26:04.120]  He puts his cell phone down on the trunk of the car.
[26:04.120 --> 26:08.860]  They walk him back to the fourth police car, put him in the back, then his mother pulls
[26:08.860 --> 26:14.120]  up in the fifth car, a whole line along the side of the road, Randy, I got my phone still
[26:14.120 --> 26:22.120]  out of my recorder, I hear 17 footsteps, that's how good this is, all of a sudden the police
[26:22.120 --> 26:27.940]  officer goes up to the cell phone, I'm listening, he doesn't know it's on, he starts talking
[26:27.940 --> 26:33.200]  to me on the phone, not knowing I'm listening, and he says, I don't like this one bit, and
[26:33.200 --> 26:38.320]  he shuts off the phone, Randy, that's a serious crime, that's in the New York state constitution,
[26:38.320 --> 26:45.560]  I think it's Article 1, you cannot intercept someone's phone call and counsel in a police
[26:45.560 --> 26:47.600]  encounter, and they know...
[26:47.600 --> 26:51.480]  Are you saying that he turned the phone off?
[26:51.480 --> 26:56.840]  Yes, he did, and all of a sudden he walked back, and the mother saw it, in the fifth
[26:56.840 --> 27:01.560]  way back in line, the mothers came up and saw it, and he came up and he handed the phone,
[27:01.560 --> 27:08.800]  he says, he said to him, what did you do that for, and my son had to write to counsel, and
[27:08.800 --> 27:18.640]  he says to my former wife, Randy, he says, now I know what kind of home you run, that's
[27:18.640 --> 27:23.000]  all he did, Randy, in other words, he's an unfit mother, I know what kind of house you
[27:23.000 --> 27:26.520]  run, he didn't give a damn, Randy.
[27:26.520 --> 27:27.520]  So what?
[27:27.520 --> 27:29.200]  Violating the young man's rights.
[27:29.200 --> 27:30.200]  So what?
[27:30.200 --> 27:36.320]  It's a serious- You're just acting from anger, you're never
[27:36.320 --> 27:44.340]  going to get this kid any remedy just by being angry, nothing you told me there is something
[27:44.340 --> 27:45.340]  you can adjudicate.
[27:45.340 --> 27:48.280]  I'm not allowed to do something about it.
[27:48.280 --> 27:54.920]  Well, I'm trying to tell you how to do something about it, and you want to be angry, you want
[27:54.920 --> 27:58.160]  to tell me what a bunch of dirty rotten scoundrels they are.
[27:58.160 --> 27:59.160]  Just anger, Randy.
[27:59.160 --> 28:03.200]  Okay, I know they're dirty rotten scoundrels.
[28:03.200 --> 28:09.640]  What I need is what law did they break, how did they break it?
[28:09.640 --> 28:15.200]  Not what they did do wrong, we can't adjudicate what they did wrong, we can adjudicate what
[28:15.200 --> 28:17.920]  laws they violated.
[28:17.920 --> 28:24.100]  Him turning off, him picking up a cell phone that's sitting by itself and hanging it up,
[28:24.100 --> 28:28.360]  and he gave it to the mother, he didn't try to steal the phone, he didn't try to change
[28:28.360 --> 28:29.360]  anything on the phone.
[28:29.360 --> 28:34.400]  Yes, Article 1, New York State Constitution can intercept phone calls.
[28:34.400 --> 28:36.920]  He didn't intercept the call, he turned it off.
[28:36.920 --> 28:41.680]  Yeah, he stopped them from speaking to me, getting counsel from counsel.
[28:41.680 --> 28:45.360]  This is nonsense, you weren't speaking to the other person, the other person was in
[28:45.360 --> 28:47.000]  the back of the squad car.
[28:47.000 --> 28:54.720]  No, it was before that happened, he's standing outside of his car, talking to a police officer,
[28:54.720 --> 28:59.440]  and he's getting counsel from me answering the police officer's questions, and asking
[28:59.440 --> 29:00.440]  them questions.
[29:00.440 --> 29:03.120]  Am I under arrest or am I free to go?
[29:03.120 --> 29:09.280]  The officers got confused, they said put the phone down, after they gave him permission
[29:09.280 --> 29:10.840]  to get counsel from me.
[29:10.840 --> 29:16.320]  What is the specific accusation on put the phone down?
[29:16.320 --> 29:18.380]  What's that?
[29:18.380 --> 29:27.280]  What is the statute, the Constitution doesn't provide you with a cause of action.
[29:27.280 --> 29:36.840]  I'm sorry, a violation of the Constitution is not criminal.
[29:36.840 --> 29:42.600]  The violation of statute is criminal, you have to give to statutes, you can't claim
[29:42.600 --> 29:47.880]  the Constitution when you're talking criminal, we'll address this when we come back on the
[29:47.880 --> 29:48.880]  other side.
[29:48.880 --> 30:02.560]  Randy Kelton, Wheel of Law Radio, or call in number 512-646-1984, we'll be right back.
[30:02.560 --> 30:07.360]  Take a whiff of that, onions may have a scrambling for breath mints, but they might also save
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[33:24.760 --> 33:40.200]  Okay, we are back.
[33:40.200 --> 33:44.640]  Randy Kelton, Rule of Law Radio, and we're talking to Will in New York.
[33:44.640 --> 33:54.720]  Will, I know I'm sounding, I'm probably frustrating you and, but I'm trying to get to a little
[33:54.720 --> 33:58.000]  legal position here that we can adjudicate.
[33:58.000 --> 34:03.560]  Title 18, section 242, 1983, how about those?
[34:03.560 --> 34:05.760]  Two more points on the road.
[34:05.760 --> 34:08.600]  Hold on, hold on, you misstated those.
[34:08.600 --> 34:15.280]  18 U.S. Code 242, that's the criminal side of the Ku Klux Klan Act.
[34:15.280 --> 34:19.920]  42 U.S. Code 1983 is the civil side.
[34:19.920 --> 34:20.920]  Okay.
[34:20.920 --> 34:26.480]  But as one is a criminal charge for two or more people inspiring pulling a person off
[34:26.480 --> 34:28.440]  the road, Randy.
[34:28.440 --> 34:39.560]  That's not 80, that's not 242, that's 246, I think, but yeah, it's right in there.
[34:39.560 --> 34:40.560]  Now you're going to RICO.
[34:40.560 --> 34:44.520]  Oh, no, no, no, no, I'm sorry, I'm sorry.
[34:44.520 --> 34:46.480]  You're going to, yeah, two or more people.
[34:46.480 --> 34:49.400]  I think that's either 44 or 46.
[34:49.400 --> 34:51.120]  Okay, go ahead.
[34:51.120 --> 34:52.680]  Well, that's what I'm saying.
[34:52.680 --> 34:57.600]  See, I don't have the file on front of me, but I entered those into the complaint about
[34:57.600 --> 35:04.480]  two, you know, you got four officers pulling this man off the road and stealing his property.
[35:04.480 --> 35:09.480]  That's a criminal charge right there because it's one of those USC 18.
[35:09.480 --> 35:11.760]  Okay, that's a good charge.
[35:11.760 --> 35:12.760]  I like that one.
[35:12.760 --> 35:13.760]  I like that one.
[35:13.760 --> 35:20.280]  The only difference is the police are not the one that moved the property.
[35:20.280 --> 35:25.680]  While the policeman took the phone, he gave it to the mother and the policeman didn't
[35:25.680 --> 35:34.200]  tow the car, the towing company did.
[35:34.200 --> 35:39.880]  What the witnesses can't, you know, if I were the defense attorney, I would say to the witness,
[35:39.880 --> 35:45.400]  did you observe the police officer make a telephone call and they're going to say yes.
[35:45.400 --> 35:48.840]  Did you have reason to believe that he was making a telephone call for the purpose of
[35:48.840 --> 35:53.960]  securing someone to tow this vehicle and say, yes, we did.
[35:53.960 --> 35:58.360]  Did you see the number that at the telephone that the police officer called?
[35:58.360 --> 35:59.880]  Well, no.
[35:59.880 --> 36:05.440]  Did the police officer state out loud where you could hear the name of the towing company
[36:05.440 --> 36:09.800]  he supposedly called?
[36:09.800 --> 36:13.360]  You got to be able to say absolutely.
[36:13.360 --> 36:20.520]  If you can't, you don't know if the police actually called this towing company or not.
[36:20.520 --> 36:24.840]  Or it could be that this towing company guy happened to be in the neighborhood, see what
[36:24.840 --> 36:25.840]  was going on.
[36:25.840 --> 36:30.680]  He pulled up and said, I can tow this and then he towed it without authorization.
[36:30.680 --> 36:37.080]  Randy, the officer said, the young man says to the officer, look, I just lived down this
[36:37.080 --> 36:43.760]  street here, can I please, can I have it towed, that's legal in New York state, Randy.
[36:43.760 --> 36:46.680]  His mother and I could have came and towed it down a port of a mile.
[36:46.680 --> 36:48.720]  That's a different issue.
[36:48.720 --> 36:52.000]  You keep mixing these other issues.
[36:52.000 --> 36:57.080]  If you're going to address one of these issues, you have to follow the facts.
[36:57.080 --> 37:02.420]  You can't leap away from it to a bunch of insinuations and implications.
[37:02.420 --> 37:04.120]  The officer said it.
[37:04.120 --> 37:06.000]  He said what?
[37:06.000 --> 37:07.720]  You can't take it home yourself?
[37:07.720 --> 37:08.720]  So what?
[37:08.720 --> 37:15.920]  What does that have to do with who took the vehicle off the roadway?
[37:15.920 --> 37:18.480]  Common sense is not law.
[37:18.480 --> 37:20.160]  You can't use common sense.
[37:20.160 --> 37:21.760]  You have to use law.
[37:21.760 --> 37:29.160]  You got to do your homework.
[37:29.160 --> 37:32.160]  You have to be able to.
[37:32.160 --> 37:37.160]  I'll tell you what though, if that's the way the courts run, I understand, Randy, why
[37:37.160 --> 37:42.160]  you said over 99% of the cases against the people of Texas are convicted, because you're
[37:42.160 --> 37:49.040]  not going to have any justice, no matter what you do then, if you're not doing your homework.
[37:49.040 --> 37:53.200]  You're just wanting this to be easier than it is.
[37:53.200 --> 37:59.480]  I do the best I can, Randy, and I'm saying, I just want to know, who do you think might
[37:59.480 --> 38:01.800]  scare that US attorney to act?
[38:01.800 --> 38:04.120]  You don't think anybody would?
[38:04.120 --> 38:12.520]  Well, I don't think we will get him to act and he's going to have a real easy time claiming
[38:12.520 --> 38:16.360]  that this one lacks sufficient evidence.
[38:16.360 --> 38:22.120]  It lacks probable cause.
[38:22.120 --> 38:28.600]  If we're going to push them, we need to have these guys really bound up tight.
[38:28.600 --> 38:34.800]  And the whole thing here, this one's a little too sloppy.
[38:34.800 --> 38:40.200]  I file complaints all the time, but generally when I file a complaint, I have been careful
[38:40.200 --> 38:44.600]  to walk them down the Primrose path.
[38:44.600 --> 38:50.720]  I've specifically requested that they do a specific thing that they are specifically
[38:50.720 --> 38:58.920]  by statute ordered to do, and I ask it in a way so that they won't want to do it.
[38:58.920 --> 39:02.400]  So that when they fail to, I've got them dead bang.
[39:02.400 --> 39:04.760]  This one's not dead bang, and that's the problem.
[39:04.760 --> 39:09.800]  Well, here's the thing too, Randy, it's a signed affidavit.
[39:09.800 --> 39:13.680]  Remember now, you sent a signed affidavit, you told me, I heard you say this on your
[39:13.680 --> 39:14.680]  show.
[39:14.680 --> 39:18.680]  Sign affidavit to the grand jury, they don't have to say, you don't have to have any evidence,
[39:18.680 --> 39:20.920]  they have to investigate it.
[39:20.920 --> 39:25.320]  So if the U.S. attorney is not going to do it, he's got to refer it to the grand jury,
[39:25.320 --> 39:26.920]  he's got to do something with it.
[39:26.920 --> 39:31.480]  Not, I don't know that he, okay, hold on, hold on.
[39:31.480 --> 39:38.520]  You're still talking about how you think things ought to be, and I agree with you.
[39:38.520 --> 39:44.800]  Here in Texas, if it's a complaint against a public official, the prosecutor is absolutely
[39:44.800 --> 39:47.800]  commanded to give that to the grand jury.
[39:47.800 --> 39:49.280]  The prosecutor can't even investigate it.
[39:49.280 --> 39:52.720]  He must give it to the grand jury, but they don't.
[39:52.720 --> 39:58.200]  I don't know if they have this statute in New York that addresses a complaint against
[39:58.200 --> 40:03.080]  a public official that requires him to give it to the grand jury, and they certainly don't
[40:03.080 --> 40:04.240]  have it in the Fed.
[40:04.240 --> 40:08.360]  How about if I extended it to the grand jury?
[40:08.360 --> 40:14.080]  That, now here's what the U.S., now this is something we can work with, because what the
[40:14.080 --> 40:19.280]  U.S. attorney's going to do is he's going to try to accuse you of witness tampering
[40:19.280 --> 40:22.760]  if you try to go directly to a grand jury.
[40:22.760 --> 40:28.640]  And I have told more than one U.S. attorney, knock yourself out.
[40:28.640 --> 40:35.560]  You just go ahead and charge me, Bubba, and we'll see how that works out for you, because
[40:35.560 --> 40:42.160]  that's exactly what he's doing when he tells you that.
[40:42.160 --> 40:47.640]  He's tampering with you as a witness.
[40:47.640 --> 40:51.760]  The federal law says duties of grand jurors.
[40:51.760 --> 40:58.200]  It shall be the duty of the grand jury to investigate into all criminal accusations
[40:58.200 --> 41:02.920]  that come to their knowledge by whatever means.
[41:02.920 --> 41:10.800]  There is nothing in law restricting you from giving notice to a grand juror of crime.
[41:10.800 --> 41:16.400]  What the U.S. attorney's going to say is only he can present to a grand jury.
[41:16.400 --> 41:18.920]  Not true.
[41:18.920 --> 41:25.760]  Only he can present to a grand jury as a matter of right.
[41:25.760 --> 41:31.600]  Anyone can present to a grand jury if the grand jury asks them to, but you don't want
[41:31.600 --> 41:33.680]  to present to a grand jury.
[41:33.680 --> 41:38.760]  You merely want to give a grand jury notice that a crime has been committed in order to
[41:38.760 --> 41:40.960]  invoke their duty.
[41:40.960 --> 41:45.360]  So the prosecuting attorney will try to interfere with that.
[41:45.360 --> 41:53.160]  Now you have yourself a constitutional federal claim, actually you have a federal statutory
[41:53.160 --> 41:54.160]  claim.
[41:54.160 --> 42:03.000]  Randy, okay, we're moving, so I just want to finish up with a real quick follow-up here.
[42:03.000 --> 42:08.760]  If I sent a notice to the grand jury, how about two notices, just a short statement,
[42:08.760 --> 42:15.440]  what's happening, and spend support, and also that the U.S. attorney will not respond to
[42:15.440 --> 42:16.880]  a complaint I sent to him.
[42:16.880 --> 42:17.880]  How about that?
[42:17.880 --> 42:19.980]  Okay, hold on, hold on, no, no.
[42:19.980 --> 42:22.520]  We need to set him up.
[42:22.520 --> 42:28.320]  You take your complaint and you send it to the grand jury to address to the foreman of
[42:28.320 --> 42:32.200]  the grand jury, registered, restricted.
[42:32.200 --> 42:34.280]  So only he can sign for it.
[42:34.280 --> 42:40.920]  And you put a cover letter in the package to the foreman, asking the foreman to sign
[42:40.920 --> 42:48.400]  this document in blue ink and return it to you so that you will know he received it as
[42:48.400 --> 42:55.680]  it is the practice of the U.S. attorney to have a rubber stamp made with your name on
[42:55.680 --> 43:02.040]  it so he can rubber stamp superseding indictments and you want to make sure that the U.S. attorney
[43:02.040 --> 43:05.960]  doesn't rubber stamp this letter and send it back to me.
[43:05.960 --> 43:12.040]  So that's notice to the U.S. attorney when he opens it that you know the garbage that
[43:12.040 --> 43:13.520]  he pulls.
[43:13.520 --> 43:18.040]  But when you send that to the grand jury, registered, restricted, the mail room guy
[43:18.040 --> 43:20.400]  is going to sign for it.
[43:20.400 --> 43:28.480]  And they just violated the 18 U.S. Code 1443, mail fraud.
[43:28.480 --> 43:34.240]  Now you have a claim that you send back to the grand jury against the U.S. attorney,
[43:34.240 --> 43:38.000]  accusing him of intercepting mail directed to the grand jury.
[43:38.000 --> 43:40.680]  Now you've got him dead bang.
[43:40.680 --> 43:51.920]  Okay, hang on, Randy Kelton, we'll be, call in number 512-646-1984, Angel, Jeff, Marcus,
[43:51.920 --> 43:52.920]  see you there.
[43:52.920 --> 43:53.920]  We'll be right back.
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[44:30.320 --> 44:43.160]  Call 512-264-4043 or find us online at naturespureorganics.com, that's 512-264-4043, naturespureorganics.com.
[44:43.160 --> 45:01.200]  Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com.
[45:01.200 --> 45:04.400]  Are you the plaintiff or defendant in a lawsuit?
[45:04.400 --> 45:09.640]  Win your case without an attorney with Juris Dictionary, the affordable, easy to understand
[45:09.640 --> 45:14.320]  4-CD course that will show you how in 24 hours, step-by-step.
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[45:28.000 --> 45:34.800]  Juris Dictionary was created by a licensed attorney with 22 years of case-winning experience.
[45:34.800 --> 45:39.320]  Even if you're not in a lawsuit, you can learn what everyone should understand about the
[45:39.320 --> 45:43.600]  principles and practices that control our American courts.
[45:43.600 --> 45:49.720]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.720 --> 45:52.560]  pro se tactics, and much more.
[45:52.560 --> 46:20.560]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[46:20.560 --> 46:32.640]  Okay, we are back, Randy Kelton, Rule of Law Radio, we're talking to Walt in New York.
[46:32.640 --> 46:37.520]  We do have to move on, we've got a bunch of calls that's been hanging on a long time.
[46:37.520 --> 46:46.000]  But now if we set this up right, and every time I go after them, I set them up, the complaint
[46:46.000 --> 46:51.240]  that you have really done making a difference, as far as the process goes.
[46:51.240 --> 46:59.720]  Because if you send a complaint to the foreman of the grand jury, the U.S. attorney is always
[46:59.720 --> 47:01.880]  going to intercept it.
[47:01.880 --> 47:10.600]  So you send it registered restricted, that way only the person named can sign for it.
[47:10.600 --> 47:16.760]  And the only address we ever have for a grand jury is the U.S. attorney's office.
[47:16.760 --> 47:20.160]  So when you go to the U.S. attorney's office, the guy in the mail room is going to sign
[47:20.160 --> 47:21.920]  it as a matter of course.
[47:21.920 --> 47:26.600]  Now they've already given you a complaint under 1443.
[47:26.600 --> 47:33.520]  And you really don't care about getting a prosecution under 1443, but what it gives
[47:33.520 --> 47:41.040]  you is a complaint to the grand jury against the U.S. attorney.
[47:41.040 --> 47:49.920]  So when the U.S. attorney opens it and looks at it, he is absolutely disqualified.
[47:49.920 --> 47:55.460]  And without regard to the validity of the original complaint, it becomes irrelevant
[47:55.460 --> 47:59.060]  as far as this complaint is concerned.
[47:59.060 --> 48:07.920]  He misdirected mail from the grand jury, and now he gets another communication with the
[48:07.920 --> 48:13.920]  grand jury, making a criminal complaint against him.
[48:13.920 --> 48:14.920]  Now he's in a spot.
[48:14.920 --> 48:17.920]  Does that make sense, Walt?
[48:17.920 --> 48:18.920]  I'm learning, yes.
[48:18.920 --> 48:25.240]  I got to study what you're saying, and I just sent a notice to the grand jury.
[48:25.240 --> 48:31.040]  And I'll put the cover sheet, like you said, and a notice will just say that I sent a complaint
[48:31.040 --> 48:32.520]  to the U.S. attorney's office.
[48:32.520 --> 48:34.320]  No, no, no, no, no.
[48:34.320 --> 48:36.520]  Don't do that yet.
[48:36.520 --> 48:39.680]  Make up your complaint you have here.
[48:39.680 --> 48:48.640]  Don't even talk about the U.S. attorney yet, because you want to sucker him in.
[48:48.640 --> 48:50.440]  You want him not to give this.
[48:50.440 --> 48:52.820]  What do I tell the grand jury foreman?
[48:52.820 --> 48:56.840]  You tell the grand jury foreman that these guys stole this guy's property without due
[48:56.840 --> 48:57.840]  process.
[48:57.840 --> 49:07.080]  Oh, so you want me to send the same complaint that I sent to the U.S. attorney, a copy of
[49:07.080 --> 49:08.080]  it?
[49:08.080 --> 49:12.040]  Yes, send the complaint to the grand jury directly.
[49:12.040 --> 49:15.560]  Don't mention the U.S. attorney at all.
[49:15.560 --> 49:22.360]  He's going to intercept it, and now you come back with a complaint against him, and when
[49:22.360 --> 49:27.600]  he gets the complaint against him, he's going to know you set him up.
[49:27.600 --> 49:28.600]  Too bad.
[49:28.600 --> 49:29.600]  Okay.
[49:29.600 --> 49:30.600]  All right.
[49:30.600 --> 49:31.600]  I'll do that, Randy.
[49:31.600 --> 49:32.600]  I thank you, sir.
[49:32.600 --> 49:33.600]  All righty.
[49:33.600 --> 49:34.600]  Thank you, Walt.
[49:34.600 --> 49:35.600]  Okay.
[49:35.600 --> 49:37.800]  Now we're going to go to Angel in Texas.
[49:37.800 --> 49:43.680]  Hello, Angel.
[49:43.680 --> 49:45.720]  Put you to sleep waiting all this time.
[49:45.720 --> 49:49.120]  Angel, are you there?
[49:49.120 --> 49:55.200]  Okay, if your call has dropped or something, if you'll give us a call back, I'll bring
[49:55.200 --> 49:56.760]  you up in the order.
[49:56.760 --> 49:57.760]  Okay.
[49:57.760 --> 50:00.920]  Now we're going to go to Mr. Jeff in Maryland.
[50:00.920 --> 50:02.400]  Hello, Mr. Jeff.
[50:02.400 --> 50:06.680]  Oh, good evening there, Mr. Randy.
[50:06.680 --> 50:07.680]  Good evening.
[50:07.680 --> 50:15.640]  I have some unusually good news to convey, although it's not exactly on topic.
[50:15.640 --> 50:19.480]  Good news can be on any topic.
[50:19.480 --> 50:29.800]  Well, this happens to be on a debt collection case out of Kansas City, Moe.
[50:29.800 --> 50:35.040]  And for people who are not familiar with the geography of the United States, there are
[50:35.040 --> 50:37.840]  actually two Kansas cities.
[50:37.840 --> 50:43.840]  On the east side of the Missouri River is Kansas City, Missouri, and on the west side
[50:43.840 --> 50:47.240]  is Kansas City, Kansas.
[50:47.240 --> 50:55.280]  And this lady had been pursued for about two and a half years by PRA on a debt, the last
[50:55.280 --> 50:58.880]  two years of that, been in court.
[50:58.880 --> 51:08.440]  And she had been struggling with the PRA to leave her alone, and debt wasn't hers.
[51:08.440 --> 51:15.960]  And PRA got into court and started doing its typical round of obstructionist discovery
[51:15.960 --> 51:22.280]  and basically peppering her with motions and that sort of thing, and they finally managed
[51:22.280 --> 51:26.520]  to get to trial.
[51:26.520 --> 51:35.000]  And the result of the trial, and this is the part I think you're going to enjoy, she was
[51:35.000 --> 51:44.400]  awarded $251,000 in damages.
[51:44.400 --> 51:47.400]  You like that, Randy?
[51:47.400 --> 51:54.280]  Oh, sorry, I muted my mic because I had noise in the background.
[51:54.280 --> 51:56.040]  That's in direct damages.
[51:56.040 --> 51:57.040]  Yeah.
[51:57.040 --> 52:01.000]  Did you get any, did you get punitive?
[52:01.000 --> 52:03.520]  Yes.
[52:03.520 --> 52:14.440]  And she set a record, 82 million in punitive damages.
[52:14.440 --> 52:15.720]  Wow.
[52:15.720 --> 52:19.160]  Was this awarded by a jury?
[52:19.160 --> 52:20.560]  Yeah.
[52:20.560 --> 52:31.520]  Now then, we can almost be assured that that will be overturned, however, that has the
[52:31.520 --> 52:37.240]  scared a poop out of all of these guys.
[52:37.240 --> 52:38.240]  Yeah.
[52:38.240 --> 52:48.640]  Because, you know, we've heard, you know, one, two, maybe three million, but 82 million?
[52:48.640 --> 52:50.880]  Never heard of that.
[52:50.880 --> 52:54.160]  And wonder how they got there.
[52:54.160 --> 53:01.960]  I don't know, but evidently, the PRA's behavior in court outside of the behavior of just their
[53:01.960 --> 53:09.480]  pure victimizing the woman was evidently so egregious that they would go that far.
[53:09.480 --> 53:18.960]  And here's the part that's sort of amazing, the debt wasn't hers.
[53:18.960 --> 53:21.520]  The debt from the beginning?
[53:21.520 --> 53:22.520]  Was never hers.
[53:22.520 --> 53:23.520]  Never hers.
[53:23.520 --> 53:24.520]  Oh.
[53:24.520 --> 53:35.160]  She lives in Kansas City, Missouri and belonged to a man who lived in Kansas City, Kansas.
[53:35.160 --> 53:39.360]  And I take it she gave them notice repeatedly and they ignored it.
[53:39.360 --> 53:40.360]  Yes.
[53:40.360 --> 53:44.160]  Legal aid started off, you know, before they even got into court, legal aid sent them notice
[53:44.160 --> 53:49.640]  that this isn't her debt.
[53:49.640 --> 53:57.280]  The PRA, as with most debt collectors, they don't want to hear that.
[53:57.280 --> 53:59.480]  They just completely and totally ignored it.
[53:59.480 --> 54:00.480]  Yeah.
[54:00.480 --> 54:03.720]  They figure if they hammer you enough, you'll go ahead and pay it just to get them to leave
[54:03.720 --> 54:04.720]  you alone.
[54:04.720 --> 54:05.720]  Right.
[54:05.720 --> 54:06.720]  Right.
[54:06.720 --> 54:07.720]  Right.
[54:07.720 --> 54:16.120]  You know, like several people down in Florida who had no mortgages, but they foreclosed
[54:16.120 --> 54:20.920]  and took the houses anyway.
[54:20.920 --> 54:23.760]  So yeah.
[54:23.760 --> 54:30.200]  And you'd be surprised how many people do not owe the debt that the debt collector is
[54:30.200 --> 54:31.880]  claiming that they owed.
[54:31.880 --> 54:39.000]  Either it was discharged in bankruptcy, was paid, or it was never their debt.
[54:39.000 --> 54:42.560]  Is this big enough to get their attention?
[54:42.560 --> 54:48.600]  Oh, he got my attention.
[54:48.600 --> 54:50.080]  I expect so.
[54:50.080 --> 54:55.640]  It will be interesting to see what happens as a result of this.
[54:55.640 --> 54:58.880]  Certainly they're going to appeal to the media.
[54:58.880 --> 55:05.160]  That basically puts them out of business.
[55:05.160 --> 55:08.240]  There has to be some heartburn.
[55:08.240 --> 55:11.120]  What company is this?
[55:11.120 --> 55:16.200]  PRA, Portfolio Recovery Associates.
[55:16.200 --> 55:18.840]  PRA.
[55:18.840 --> 55:21.480]  So I take this is one of the biggies?
[55:21.480 --> 55:26.280]  This is one of the biggies.
[55:26.280 --> 55:29.200]  So this should get everybody's attention.
[55:29.200 --> 55:30.760]  Oh yeah.
[55:30.760 --> 55:40.840]  Well, I pulled this down off of a website that is an association for debt collectors.
[55:40.840 --> 55:47.600]  This was all in very large print in this article.
[55:47.600 --> 55:56.640]  It wasn't very long, only about a page and a half, but it was all in big print.
[55:56.640 --> 55:59.600]  Don't miss this, guys.
[55:59.600 --> 56:07.040]  So this is the kind of bellwether case that should have a tendency to get them to do a
[56:07.040 --> 56:12.800]  new calculation.
[56:12.800 --> 56:20.200]  I should think so, but even with the $1, $2, and $3 million awards that they have been
[56:20.200 --> 56:25.320]  paying out, and the other thing is, just to make sure that you're clear about this, this
[56:25.320 --> 56:28.800]  was not a class action.
[56:28.800 --> 56:31.000]  This was an individual suit.
[56:31.000 --> 56:32.000]  Wow.
[56:32.000 --> 56:39.520]  They're going to make that woman rich, and she earned it.
[56:39.520 --> 56:40.520]  Okay.
[56:40.520 --> 56:41.520]  Okay.
[56:41.520 --> 56:47.360]  She actually fought them through it.
[56:47.360 --> 56:50.760]  Did it say how big the original debt was?
[56:50.760 --> 56:51.760]  Yes.
[56:51.760 --> 56:52.760]  $1,130.14.
[56:52.760 --> 57:05.480]  There's just something so intuitively satisfying about that.
[57:05.480 --> 57:09.760]  I'm sorry, say it again.
[57:09.760 --> 57:13.120]  There's something intuitively satisfying about that.
[57:13.120 --> 57:27.960]  For $1,100, they get fined $82,251,000, so $82.25 million.
[57:27.960 --> 57:34.880]  Even if they cut that down to, say, 10%, that's still $8 million, and that's maybe than I've
[57:34.880 --> 57:39.040]  ever seen in a single person action against a debt collector.
[57:39.040 --> 57:47.120]  Well, if they cut the punitive down to 1% and add the actual to it, it's still a million
[57:47.120 --> 57:48.120]  dollars.
[57:48.120 --> 57:49.120]  Yeah.
[57:49.120 --> 57:50.120]  Yeah.
[57:50.120 --> 57:51.120]  That is great news.
[57:51.120 --> 57:52.120]  You need to call more often with that kind of news.
[57:52.120 --> 57:53.120]  Well, I'll see what I can do about that.
[57:53.120 --> 57:54.120]  Well, thank you, Mr. Jeff.
[57:54.120 --> 57:55.120]  Good night.
[57:55.120 --> 57:56.120]  Good night.
[57:56.120 --> 57:57.120]  This is Randy Kelton with the New York Times.
[57:57.120 --> 57:58.120]  This is Randy Kelton with the New York Times.
[57:58.120 --> 57:59.120]  This is Randy Kelton with the New York Times.
[57:59.120 --> 58:00.120]  This is Randy Kelton with the New York Times.
[58:00.120 --> 58:01.120]  This is Randy Kelton with the New York Times.
[58:01.120 --> 58:10.120]  This is Randy Kelton with the New York Times.
[58:10.120 --> 58:11.120]  I'll see you there.
[58:11.120 --> 58:12.120]  Bye.
[58:12.120 --> 58:13.120]  Bye.
[58:13.120 --> 58:14.120]  Bye.
[58:14.120 --> 58:15.120]  Bye.
[58:15.120 --> 58:16.120]  Bye.
[58:16.120 --> 58:17.120]  Bye.
[58:17.120 --> 58:18.120]  Bye.
[58:18.120 --> 58:19.120]  Bye.
[58:19.120 --> 58:20.120]  Bye.
[58:20.120 --> 58:21.120]  Bye.
[58:21.120 --> 58:22.120]  Bye.
[58:22.120 --> 58:23.120]  Bye.
[58:23.120 --> 58:24.120]  Bye.
[58:24.120 --> 58:25.120]  Bye.
[58:25.120 --> 58:26.120]  Bye.
[58:26.120 --> 58:27.120]  Bye.
[58:27.120 --> 58:28.120]  Bye.
[58:28.120 --> 58:29.120]  Bye.
[58:29.120 --> 58:30.120]  Bye.
[58:30.120 --> 58:31.120]  Bye.
[58:31.120 --> 58:32.120]  Bye.
[58:32.120 --> 58:33.120]  Bye.
[58:33.120 --> 58:34.120]  Bye.
[58:34.120 --> 58:35.120]  Bye.
[58:35.120 --> 59:00.120]  Bye.
[59:06.120 --> 59:10.320]  It's an accurate translation, and it contains thousands of footnotes that will help you
[59:10.320 --> 59:13.440]  to know God and to know the meaning of life.
[59:13.440 --> 59:18.680]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.680 --> 59:22.960]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:22.960 --> 59:27.880]  of salvation, growing in Christ, and how to build up the church.
[59:27.880 --> 59:32.880]  To order your free New Testament recovery version and Basic Elements of the Christian
[59:32.880 --> 59:45.680]  Life, call Bibles for America toll-free at 888-551-0102, that's 888-551-0102, or visit
[59:45.680 --> 59:48.280]  us online at bfa.org.
[59:48.280 --> 01:00:02.800]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:02.800 --> 01:00:08.280]  All the news flash is brought to you by the Lone Star Lowdown, providing your daily bulletins
[01:00:08.280 --> 01:00:14.720]  for the commodities market, today in history, news updates, and the inside scoop into the
[01:00:14.720 --> 01:00:22.920]  tides of the alternative.
[01:00:22.920 --> 01:00:29.400]  Markets for the 21st of May, 2015, gold opened up at $1,204.09 an ounce, silver, $17.12
[01:00:29.400 --> 01:00:35.800]  an ounce, Texas crude, $58.98 a barrel, and Bitcoin is currently sitting at about $236
[01:00:35.800 --> 01:00:42.480]  U.S. currency.
[01:00:42.480 --> 01:00:47.600]  Today in history, Saturday, May 21, 1932, Amelia Earhart lands in the field, completing
[01:00:47.600 --> 01:00:50.360]  the first transatlantic solo flight by a woman.
[01:00:50.360 --> 01:00:53.660]  She set off the day before from Harbor Grace, Newfoundland, Canada.
[01:00:53.660 --> 01:00:58.320]  She was initially aiming for Paris in her single-engine Lockheed Vega 5B, but after
[01:00:58.320 --> 01:01:03.320]  encountering storms and a burnt exhaust pipe, she ended up landing in a pasture at Coolmore
[01:01:03.320 --> 01:01:12.480]  in Northern Ireland, ending her 14-hour, 56-minute flight.
[01:01:12.480 --> 01:01:17.080]  In recent news, Michael C. Ford, a State Department employee who has worked out of the U.S. Embassy
[01:01:17.080 --> 01:01:22.220]  in London since 2009, was arrested at Hartsfield Jackson, Atlanta International Airport this
[01:01:22.220 --> 01:01:26.760]  past Sunday and appeared in a federal court today for apparently using government computers
[01:01:26.760 --> 01:01:31.280]  to extort college-age women into gathering sexually explicit material for him.
[01:01:31.280 --> 01:01:38.440]  He is also being charged with computer hacking and cyber-stalking.
[01:01:38.440 --> 01:01:42.320]  Cleanup crews have been hard at work picking up patches of crude petroleum off the beach
[01:01:42.320 --> 01:01:47.320]  and offshore waters from a pipeline that ruptured spewing as much as 2,500 barrels into San
[01:01:47.320 --> 01:01:51.320]  Refugio State Beach and into the Pacific Ocean, west of Santa Barbara.
[01:01:51.320 --> 01:01:55.240]  This mess was caused when an underground pipeline running parallel to the coastal highway burst
[01:01:55.240 --> 01:01:57.200]  on Tuesday for no apparent reason.
[01:01:57.200 --> 01:02:02.080]  If estimates are correct, this makes it the biggest spill since the 1969 offshore oil
[01:02:02.080 --> 01:02:07.320]  well blowout that dumped 80,000 to 100,000 barrels of crude petroleum into the Santa
[01:02:07.320 --> 01:02:13.560]  Barbara Channel.
[01:02:13.560 --> 01:02:17.600]  Last night, 13 trillion electron volts were created at the four collision points spaced
[01:02:17.600 --> 01:02:19.820]  around the Large Hydrogen Collider's tunnel.
[01:02:19.820 --> 01:02:24.520]  The collider has been through a planned two-year refurbishing after its first run in 2012,
[01:02:24.520 --> 01:02:26.680]  which only produced 8 trillion electron volts.
[01:02:26.680 --> 01:02:31.080]  In early April, after a slight delay, twin proton beams circulated the collider's 7-kilometer
[01:02:31.080 --> 01:02:35.200]  ring 30 stories below the Swiss-French border for the first time in two years.
[01:02:35.200 --> 01:02:37.080]  The first collisions began in early May.
[01:02:37.080 --> 01:02:41.200]  However, yesterday's collisions are treading into never-before-reached levels of energy,
[01:02:41.200 --> 01:02:43.880]  in effect setting a new energy record.
[01:02:43.880 --> 01:02:46.040]  The Lone Star Lowdown is currently looking for sponsors.
[01:02:46.040 --> 01:02:49.520]  If you have a product or service that you would like to advertise on the Lowdown, feel
[01:02:49.520 --> 01:02:54.000]  free to give us a call at 210-863-5617.
[01:02:54.000 --> 01:02:57.240]  This has been your Lowdown for May 21, 2015.
[01:03:54.000 --> 01:04:12.080]  Okay, we are back, Randy Kelton, you are real, and we're going to Angel in Texas.
[01:04:12.080 --> 01:04:15.080]  Hello Angel.
[01:04:15.080 --> 01:04:21.080]  Angel, you there?
[01:04:21.080 --> 01:04:27.680]  Let's be a problem with your phone because we're getting no sound.
[01:04:27.680 --> 01:04:35.120]  Since you called back, I'm relatively certain it's not the fact that I put you to sleep,
[01:04:35.120 --> 01:04:40.720]  and so you're probably there on the line, so I suspect it's just something with your
[01:04:40.720 --> 01:04:41.720]  phone.
[01:04:41.720 --> 01:04:46.280]  You might check to see if you're actually getting sound and maybe try me back again.
[01:04:46.280 --> 01:04:51.280]  Okay, now we're going to go to Mark in Texas.
[01:04:51.280 --> 01:04:52.280]  Hello Mark.
[01:04:52.280 --> 01:04:56.520]  Hey, I want to thank you very much for who things belong.
[01:04:56.520 --> 01:05:02.120]  We were talking just last night about the fees of the jurisdiction, and I tell you,
[01:05:02.120 --> 01:05:06.280]  today I wasn't able to file the emergency motion.
[01:05:06.280 --> 01:05:13.280]  I spoke to an attorney that I knew in the area, he said that it wouldn't have happened
[01:05:13.280 --> 01:05:20.960]  until after the hearing that I have on Tuesday because there's some kind of a two-day period
[01:05:20.960 --> 01:05:22.960]  that has to take place.
[01:05:22.960 --> 01:05:28.480]  So I'm guessing, if I'm correct, I'm guessing I'm going to show up and I'm going to have
[01:05:28.480 --> 01:05:29.480]  this hearing anyway.
[01:05:29.480 --> 01:05:33.880]  If I lose the hearing, I'm still able to make the fee of the jurisdiction, I believe.
[01:05:33.880 --> 01:05:40.000]  But I want to ask you, if anything, I've never done a hearing before.
[01:05:40.000 --> 01:05:45.680]  I've gotten here thanks to great advice that have come from you, although I wasn't able
[01:05:45.680 --> 01:05:46.680]  to crank that out.
[01:05:46.680 --> 01:05:55.080]  I should have been pretty much smart, but if I don't do it, what do I need to watch
[01:05:55.080 --> 01:05:58.400]  out for in a foreclosure hearing?
[01:05:58.400 --> 01:06:04.000]  Okay, let me give you some basics on the hearing.
[01:06:04.000 --> 01:06:07.000]  This is a hearing on the other side's motion?
[01:06:07.000 --> 01:06:08.000]  No.
[01:06:08.000 --> 01:06:15.600]  It's a hearing on my motion, their motion would have us move on.
[01:06:15.600 --> 01:06:16.600]  Okay.
[01:06:16.600 --> 01:06:26.280]  Whoever filed the motion, they get to speak first and the court must accept what you present
[01:06:26.280 --> 01:06:31.640]  to the court as true.
[01:06:31.640 --> 01:06:35.440]  What you say establishes prima facie.
[01:06:35.440 --> 01:06:37.880]  The other side can't just object to it.
[01:06:37.880 --> 01:06:46.200]  They have to provide evidence to show that your facts are, if there is a contention about
[01:06:46.200 --> 01:06:51.160]  the facts, they have to disprove what you claim.
[01:06:51.160 --> 01:06:56.560]  You don't have to necessarily prove what you claim because your statements are to be taken
[01:06:56.560 --> 01:06:58.960]  as true.
[01:06:58.960 --> 01:07:06.040]  The hearing will start and you present your motion to the court.
[01:07:06.040 --> 01:07:08.760]  You tell the court what you're going to tell them.
[01:07:08.760 --> 01:07:14.200]  You give them a brief synopsis of what you're going to tell them unless the motion is really
[01:07:14.200 --> 01:07:26.240]  short and then you give what the judge must do is he must determine the facts in accordance
[01:07:26.240 --> 01:07:32.280]  with the rules of evidence, then apply the law as it comes to him to the facts in the
[01:07:32.280 --> 01:07:33.280]  case.
[01:07:33.280 --> 01:07:38.880]  The first thing you do is give the judge the relevant facts and then in the form of a statement
[01:07:38.880 --> 01:07:48.920]  of facts and then you give the judge a argument in favor of the ruling that you want.
[01:07:48.920 --> 01:07:55.400]  You give him the law as it applies to those facts and how they should lead to a certain
[01:07:55.400 --> 01:07:57.440]  ruling.
[01:07:57.440 --> 01:08:02.760]  Once you've made your statement, the other side, the only time they can interrupt is
[01:08:02.760 --> 01:08:06.200]  for the purpose of an objection.
[01:08:06.200 --> 01:08:13.600]  If they say anything else that's not an objection, you object to the counsel interrupting your
[01:08:13.600 --> 01:08:15.920]  presentation.
[01:08:15.920 --> 01:08:23.880]  If the lawyer speaks to you directly, that is improper.
[01:08:23.880 --> 01:08:30.080]  You're both there to speak to the judge and especially if they have a pro se, they'll
[01:08:30.080 --> 01:08:32.600]  try to badger you.
[01:08:32.600 --> 01:08:40.000]  If he speaks to you, ask the court to direct counsel to address his statements to the court
[01:08:40.000 --> 01:08:41.000]  and not to you.
[01:08:41.000 --> 01:08:46.800]  You're not here to have any idle conversation with counsel.
[01:08:46.800 --> 01:08:50.200]  That'll kind of throw him off his game.
[01:08:50.200 --> 01:08:56.440]  Once you've presented your side of the case, then he presents his side of the case.
[01:08:56.440 --> 01:09:05.160]  If he is not the principal but is an agent for the principal, the agent cannot present
[01:09:05.160 --> 01:09:08.400]  facts to the court.
[01:09:08.400 --> 01:09:18.360]  Facts must be presented to the court by a proper fact witness or by affidavit.
[01:09:18.360 --> 01:09:23.920]  If he begins to make statements of fact to the court, you object.
[01:09:23.920 --> 01:09:31.680]  You don't get to object to his opinions or his conclusions.
[01:09:31.680 --> 01:09:40.320]  But any fact that he states to the court that's not in the record, if he brings some new fact
[01:09:40.320 --> 01:09:46.920]  that hasn't been presented by affidavit or by a proper fact witness, then you object
[01:09:46.920 --> 01:09:47.920]  to it.
[01:09:47.920 --> 01:09:53.280]  The rule is object quick, object often.
[01:09:53.280 --> 01:09:59.320]  But keep in mind, your only purpose is to set the record for appeal.
[01:09:59.320 --> 01:10:06.720]  When you object, you can expect the judge to overrule you every single time.
[01:10:06.720 --> 01:10:11.560]  He might not, but if he doesn't, that's nice, but expect him to.
[01:10:11.560 --> 01:10:19.200]  And when he overrules you, ask, do you state and may the record reflect plaintiff's exception
[01:10:19.200 --> 01:10:22.440]  to the ruling?
[01:10:22.440 --> 01:10:26.000]  And he may get tired of hearing that.
[01:10:26.000 --> 01:10:32.120]  And if he does, then they get frustrated and say, well, your honor, will the court accept
[01:10:32.120 --> 01:10:35.760]  my exception to all of the rulings, so I don't have to do all this stuff?
[01:10:35.760 --> 01:10:39.520]  And generally they'll say, yes, so accepted.
[01:10:39.520 --> 01:10:47.840]  Now each time you object to that, you've set that as a matter for appeal.
[01:10:47.840 --> 01:10:49.440]  That's what you're telling the judge.
[01:10:49.440 --> 01:10:50.880]  You know that's what you're doing.
[01:10:50.880 --> 01:10:53.200]  You're trying not to annoy him.
[01:10:53.200 --> 01:10:56.520]  But if you're going to save this for appeal, you have to do the objection.
[01:10:56.520 --> 01:11:02.560]  So sorry if you get upset.
[01:11:02.560 --> 01:11:03.560]  Basically that's it.
[01:11:03.560 --> 01:11:05.600]  Try not to talk to the other lawyer.
[01:11:05.600 --> 01:11:07.760]  You don't get to ask him questions.
[01:11:07.760 --> 01:11:09.720]  He doesn't get to ask you questions.
[01:11:09.720 --> 01:11:12.320]  Now he'll try to do that.
[01:11:12.320 --> 01:11:15.680]  He'll try to ask you questions.
[01:11:15.680 --> 01:11:16.680]  You object to that.
[01:11:16.680 --> 01:11:18.920]  You're not on the stand.
[01:11:18.920 --> 01:11:24.080]  And if he wants to call me to the stand and do a proper examination, we can do that.
[01:11:24.080 --> 01:11:27.160]  Otherwise they ask him to direct his comments to the court.
[01:11:27.160 --> 01:11:32.680]  If the judge asks you a question, answer it.
[01:11:32.680 --> 01:11:33.680]  Okay.
[01:11:33.680 --> 01:11:34.680]  Beautiful.
[01:11:34.680 --> 01:11:44.560]  As I think about it, I'm a little nervous, but I've written out what I'm going to present.
[01:11:44.560 --> 01:11:45.560]  We're going to keep it simple.
[01:11:45.560 --> 01:11:49.600]  We're going to keep it focused on facts that are involved here.
[01:11:49.600 --> 01:11:56.280]  And I think I have a good shot at winning based on what's happened thus far, but I'd
[01:11:56.280 --> 01:12:00.840]  still rather be doing the pleading the jurisdiction, so I'm going to prepare it just in case.
[01:12:00.840 --> 01:12:08.280]  Let me ask you, if it's not part of my motion, I'm certainly not able to present in that,
[01:12:08.280 --> 01:12:09.280]  I'm guessing.
[01:12:09.280 --> 01:12:11.880]  But would it be appropriate to say that?
[01:12:11.880 --> 01:12:18.120]  Your honor, I would ask the court to consider that the court does not have subject matter
[01:12:18.120 --> 01:12:19.120]  jurisdiction.
[01:12:19.120 --> 01:12:22.280]  You don't want to do that in the motion hearing, do you?
[01:12:22.280 --> 01:12:23.280]  No, no.
[01:12:23.280 --> 01:12:28.800]  Before you get to, when you go in and they try to start the motion hearing, do you have
[01:12:28.800 --> 01:12:31.600]  your challenge subject matter jurisdiction filed?
[01:12:31.600 --> 01:12:34.440]  Not yet.
[01:12:34.440 --> 01:12:37.160]  Do you have it written?
[01:12:37.160 --> 01:12:40.720]  I've done a little bit, but I'm still on the cases.
[01:12:40.720 --> 01:12:45.560]  I'd have to shepardize it, but as you said, I called UT Library over today, and they said
[01:12:45.560 --> 01:12:46.560]  that...
[01:12:46.560 --> 01:12:47.560]  Okay.
[01:12:47.560 --> 01:12:50.080]  Don't delay for shepherds.
[01:12:50.080 --> 01:12:56.400]  If you have it written and you can't get it shepardized, go ahead and put it in anyway.
[01:12:56.400 --> 01:12:59.840]  Because what you want to do is, oh, wait a minute.
[01:12:59.840 --> 01:13:03.680]  This is your motion to dismiss.
[01:13:03.680 --> 01:13:07.440]  Yeah, this is my motion to dismiss.
[01:13:07.440 --> 01:13:10.680]  I'd rather be doing the plea to the jurisdiction.
[01:13:10.680 --> 01:13:15.920]  You need to bring the plea to the jurisdiction with you.
[01:13:15.920 --> 01:13:17.600]  Okay.
[01:13:17.600 --> 01:13:22.040]  And ask the court to hear your challenge to subject matter jurisdiction before we hear
[01:13:22.040 --> 01:13:25.360]  the motion to dismiss.
[01:13:25.360 --> 01:13:30.060]  You may address the judge on this, your honor.
[01:13:30.060 --> 01:13:36.920]  In my subsequent investigation, I find that there was reason to believe that the court
[01:13:36.920 --> 01:13:42.200]  does not have subject matter jurisdiction, and I have a plea to the jurisdiction before
[01:13:42.200 --> 01:13:43.520]  the court.
[01:13:43.520 --> 01:13:47.360]  And I ask the court to hear the plea to the jurisdiction first.
[01:13:47.360 --> 01:13:50.960]  And if he says, now we'll hear this motion, objection, your honor.
[01:13:50.960 --> 01:13:59.080]  I am here at arm's length to the court, and I insist that the court establish its jurisdiction
[01:13:59.080 --> 01:14:02.920]  before it moves on to a substantive issue.
[01:14:02.920 --> 01:14:05.600]  Okay.
[01:14:05.600 --> 01:14:08.920]  And he knows that.
[01:14:08.920 --> 01:14:12.680]  He may hope that you don't know that, but you don't know if the judge is on your side
[01:14:12.680 --> 01:14:14.400]  or not.
[01:14:14.400 --> 01:14:21.640]  And if he's a good, honest, smart judge, and you bring him a challenge to subject matter
[01:14:21.640 --> 01:14:28.040]  jurisdiction, and you might want to qualify to the judge that this is recent, you're a
[01:14:28.040 --> 01:14:35.800]  pro se, and this is recent research, and ask him to consider it first, without being too
[01:14:35.800 --> 01:14:36.800]  demanding.
[01:14:36.800 --> 01:14:41.640]  I tend to kind of step right in the middle of them, and it's probably not always the
[01:14:41.640 --> 01:14:44.640]  best practice.
[01:14:44.640 --> 01:14:52.080]  If there's any indication that the judge is being fair and honest, then give him the opportunity
[01:14:52.080 --> 01:14:54.620]  to do the right thing.
[01:14:54.620 --> 01:14:59.360]  If he doesn't, then you absolutely raise the objection.
[01:14:59.360 --> 01:15:05.940]  But try to be personal and reasonable, don't go in there angry and PO'd, assuming that
[01:15:05.940 --> 01:15:12.100]  everybody's going to fight with you, because there's a good chance the judge won't.
[01:15:12.100 --> 01:15:14.080]  He may actually want to do things right.
[01:15:14.080 --> 01:15:20.040]  A lot of times we think the judge is against us, because he's ruling against us, and we
[01:15:20.040 --> 01:15:26.440]  just don't understand that we haven't given the judge something he can use, something
[01:15:26.440 --> 01:15:28.480]  he can work with.
[01:15:28.480 --> 01:15:35.880]  I did a mock trial in Massachusetts once, for a guy who subsequently went to jail, and
[01:15:35.880 --> 01:15:40.080]  we wanted to test out his defense.
[01:15:40.080 --> 01:15:47.960]  And he's up there defending himself, and they had me sit in as the mock judge, and I'm frustrated
[01:15:47.960 --> 01:15:54.120]  because it was very different when I was on the side of the judge, and he's arguing these
[01:15:54.120 --> 01:15:59.480]  patriot issues, and I'm thinking, okay, so what?
[01:15:59.480 --> 01:16:04.640]  Even if I agree with you, it doesn't have anything to do with the case.
[01:16:04.640 --> 01:16:09.520]  But as the judge, I can't tell him that.
[01:16:09.520 --> 01:16:15.800]  So he had a guy help him who was really deep into the patriot mythology, and at one point
[01:16:15.800 --> 01:16:22.360]  I stopped the case, they had picked a jury off the street to act as a mock jury.
[01:16:22.360 --> 01:16:26.920]  So I stopped the case, said, I want to have a two-minute recess.
[01:16:26.920 --> 01:16:34.600]  Everybody stay where they're at, and I banged the gavel, and I said, Danny, you are perfectly
[01:16:34.600 --> 01:16:37.800]  authorized to shoot this guy.
[01:16:37.800 --> 01:16:43.200]  I won't hold you responsible, because he's going to get you put in jail.
[01:16:43.200 --> 01:16:48.480]  That's the best I could tell them, but they did that twice, the mock jury found him guilty
[01:16:48.480 --> 01:16:52.760]  both times, because he didn't give the judge anything he could rule on.
[01:16:52.760 --> 01:17:01.000]  Hang on, Randy Kelton, we'll be right back.
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[01:21:00.840 --> 01:21:11.960]  uh main thing get your facts before the court and give the court something he can actually rule on
[01:21:11.960 --> 01:21:17.640]  you should look at every argument you're going to make and have some make it get somebody sit in
[01:21:17.640 --> 01:21:27.320]  front of you and make the argument and have them say so what every fact that you bring so what did
[01:21:27.320 --> 01:21:32.280]  you hear me talking to walt earlier i didn't i'm going to listen to the show well i don't
[01:21:32.280 --> 01:21:38.840]  know if i can listen to the show again but i'll try no walt had that that problem is he's he's
[01:21:38.840 --> 01:21:45.640]  making all of these arguments and i'm sitting back here thinking so what so what they pulled
[01:21:45.640 --> 01:21:53.240]  him over so what they turned off his phone so what they wouldn't let him drive his car to his house
[01:21:53.240 --> 01:22:01.240]  so what what's that got to do with anything yeah and he never he never told me
[01:22:02.760 --> 01:22:13.160]  why that was so important how does this fact connect to a claim that i have
[01:22:15.000 --> 01:22:21.480]  and he seemed to feel like he could just tell them the wrong things they did and the judge would say
[01:22:21.480 --> 01:22:25.720]  oh those dirty watten scoundrels and ruling your favorite no no no that's not how it works
[01:22:26.840 --> 01:22:33.880]  you've got to give him facts you've got to give him facts in context with foundation you have
[01:22:33.880 --> 01:22:41.640]  to establish foundation for the facts and show the foundation establishes why the facts are relevant
[01:22:41.640 --> 01:22:51.400]  then you have to show how the facts establish your claim without that and you're giving the
[01:22:51.400 --> 01:22:58.120]  facts and you use the law to establish how those facts use the law to establish how the facts
[01:22:59.560 --> 01:23:07.560]  prove your claim that's all the judge is there for if the judge tries to do anything else
[01:23:07.560 --> 01:23:11.080]  other than administer the court he's out of line
[01:23:14.280 --> 01:23:19.960]  so but if you don't give him facts in law he can rule on that was my my problem when i said as a
[01:23:19.960 --> 01:23:27.240]  mock judge he didn't give me anything i could rule in his favor on and i've read court orders
[01:23:27.240 --> 01:23:37.000]  where you can see that the judge is is struggling having to rule against somebody sometimes knowing
[01:23:37.000 --> 01:23:43.400]  that they had a winning case but they didn't give him anything he could use to help them win with
[01:23:45.800 --> 01:23:50.040]  and a lot of times we're angry at the judge when it's not the judge's fault but our own
[01:23:51.720 --> 01:23:57.320]  so other than that the one thing you should always do is when you're asked a question
[01:23:58.120 --> 01:23:59.720]  count to three before you answer
[01:23:59.720 --> 01:24:05.240]  this is a this is new for you and you want to get the answer out quick and you're you're prone to
[01:24:05.240 --> 01:24:15.560]  just answer before he gets through answering discipline yourself count to three clear your
[01:24:15.560 --> 01:24:23.160]  head and besides it puts them off their game and if they ask you the problem you tell them no i'm
[01:24:23.160 --> 01:24:31.240]  just being careful trying to be careful with my answers okay any other questions you have that i'm
[01:24:32.520 --> 01:24:39.480]  have an answer that don't make sense um i'm curious about this i know i'm supporting
[01:24:40.200 --> 01:24:46.520]  that's been a big pain because finding something relevant to this is difficult there are wills
[01:24:46.520 --> 01:24:53.480]  trust the state cases wrongful death cases there's loads of things i'm seeing it's very hard to find
[01:24:53.480 --> 01:25:01.960]  something in this particular state exes have a lot more than arkansas but um this seems like it's
[01:25:01.960 --> 01:25:07.960]  pretty much a simple a simple matter of the face value the complaint itself is what it is you know
[01:25:07.960 --> 01:25:16.120]  this is really a simple issue it's uh statute of limitations you've already had a ruling in your
[01:25:16.120 --> 01:25:24.360]  favor and and for those of you who don't know uh mark has a he's in texas but he's got a a property
[01:25:24.360 --> 01:25:32.760]  in arkansas that's being foreclosed on and they exceeded the statute of limitations and the court
[01:25:32.760 --> 01:25:41.000]  dismissed based on statute of limitations so what they did is in the original case they had a couple
[01:25:41.000 --> 01:25:47.720]  of arguments they could have made all of the facts relevant to these arguments were before the court
[01:25:48.440 --> 01:25:54.920]  but they only made one of the arguments so the court ruled against them and now they come back
[01:25:54.920 --> 01:26:01.880]  and ask the court to reopen the case so that they can argue the other issues that they had before
[01:26:01.880 --> 01:26:08.120]  you the other issue that they didn't argue the first time this is not new information that they
[01:26:08.120 --> 01:26:15.880]  found after the dismissal but it's information they already had but didn't argue so they're
[01:26:15.880 --> 01:26:22.600]  trying to get a second bite at the apple so i think mark that you're right you will probably
[01:26:22.600 --> 01:26:30.360]  win this one by bringing the collateral estoppel issue and for those who didn't see here the other
[01:26:30.360 --> 01:26:40.520]  show collateral estoppel in this collateral estoppel is a form of residue judicata this case
[01:26:40.520 --> 01:26:47.720]  is already has already been adjudicated and since the facts concerning their argument
[01:26:48.600 --> 01:26:54.520]  were before the court in the first case they were ruled on
[01:26:54.520 --> 01:27:01.080]  because they were ruled on they are collaterally stopped from bringing these issues back to be
[01:27:01.080 --> 01:27:08.040]  ruled on again they are stopped by collateral estoppel from making these arguments the case
[01:27:08.040 --> 01:27:15.880]  could be opened it could be re-adjudicated if facts that were not available to the defendant
[01:27:15.880 --> 01:27:25.400]  at their to the is this are they the defendant or the the plaintiff they're got to be the plaintiff
[01:27:25.400 --> 01:27:31.560]  that weren't available to the plaintiff at the time of the case if it came to light afterward
[01:27:31.560 --> 01:27:39.240]  they could say oh we got new information that wasn't available to us that we could not reasonably
[01:27:39.240 --> 01:27:48.840]  have found when the case was ongoing so now in the interest of justice this should be re-adjudicated
[01:27:49.400 --> 01:27:55.640]  but that's not what they did did they mark that is not what they did they actually fabricated
[01:27:55.640 --> 01:28:01.560]  something new in direct conflict with their original complaint and they said that i didn't
[01:28:01.560 --> 01:28:08.360]  serve them when i have an affidavit and i actually served them by certified mail to make sure they got
[01:28:08.360 --> 01:28:15.800]  it they failed to include three exhibits which they you know have subsequently put into their response
[01:28:15.800 --> 01:28:22.840]  to my motion okay hold on be careful you're you're going to the merits of their argument
[01:28:24.840 --> 01:28:32.600]  of merits of your argument all you want to go to here is collateral estoppel first
[01:28:32.600 --> 01:28:39.000]  that okay they can't bring this if you start going into the details
[01:28:40.520 --> 01:28:46.600]  that you would have to argue if they brought it then you've kind of you're waving the collateral
[01:28:46.600 --> 01:28:52.520]  estoppel issue you want to say we can't talk about those things that's already been adjudicated it's
[01:28:52.520 --> 01:28:58.120]  done we have to talk about something else what else have you guys got
[01:28:58.120 --> 01:29:02.360]  okay so
[01:29:05.480 --> 01:29:10.280]  help me with this in perspective i was so bummed out thinking i couldn't do the pleaded
[01:29:10.280 --> 01:29:15.000]  jurisdiction because i get it better now than any other time anybody's ever spoken to me about it
[01:29:15.000 --> 01:29:21.400]  and i'm going to do it and i think to present that to the court first the judge won't hear it i need
[01:29:21.400 --> 01:29:26.680]  to object and say your honor i have reading the court doesn't have subject matter jurisdiction
[01:29:26.680 --> 01:29:33.240]  uh no you say your honor i am here today at arm's length to the court
[01:29:34.200 --> 01:29:43.560]  okay he will know exactly where you're going i'm not passing the bar figuratively hang on
[01:29:43.560 --> 01:29:51.080]  we'll be right back randy kelton rural radio our call in number five one two six four six 1984
[01:29:51.080 --> 01:29:56.920]  angel danny i see there we'll try to get to everybody we'll be right back
[01:30:01.720 --> 01:30:06.040]  these days the government seems to have its hands in almost every activity
[01:30:06.040 --> 01:30:11.320]  believe it or not in some places even dying is illegal i'm dr katherine albert and i'll be
[01:30:11.320 --> 01:30:17.720]  back with the colorful details in just a moment privacy is under attack when you give up data
[01:30:17.720 --> 01:30:22.680]  about yourself you'll never get it back again and once your privacy is gone you'll find your
[01:30:22.680 --> 01:30:28.520]  freedoms will start to vanish too so protect your rights say no to surveillance and keep your
[01:30:28.520 --> 01:30:34.440]  information to yourself privacy it's worth hanging on to this public service announcement is brought
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[01:30:41.240 --> 01:30:49.240]  with startpage dying is illegal in florida dying your pet that is the city of jacksonville find
[01:30:49.240 --> 01:30:55.640]  christine hill 250 bucks for coloring her pet poodle's paws pink for halloween she had used
[01:30:55.640 --> 01:31:01.000]  a harmless dye specially made for dogs but no matter artificially coloring your pet's fur is
[01:31:01.000 --> 01:31:07.480]  a violation in her state the dog wasn't chained up in a vacant lot caged puppy mill style or abused
[01:31:07.480 --> 01:31:12.200]  rather hill and her beautifully groomed poodle were taking a leisurely walk when they were accosted
[01:31:12.200 --> 01:31:17.800]  and fined by a city animal control officer the law was created to prevent harm to animals and
[01:31:17.800 --> 01:31:23.480]  i'm all for protecting animals but what about common sense i'm dr katherine albrecht more news
[01:31:23.480 --> 01:31:34.200]  and information at katherinealbrecht.com this is building seven a 47 story skyscraper that fell
[01:31:34.200 --> 01:31:39.400]  on the afternoon of september 11 the government says that fire brought it down however 1500
[01:31:39.400 --> 01:31:44.120]  architects and engineers concluded it was a controlled demolition over 6 000 my fellow
[01:31:44.120 --> 01:31:48.760]  service members have given their lives thousands of my fellow first responders are dying i'm not
[01:31:48.760 --> 01:31:52.680]  a conspiracy theorist i'm a structural engineer i'm a new york city correction officer i'm an air
[01:31:52.680 --> 01:31:58.440]  force pilot i'm a father who lost his son we're americans and we deserve the truth go to remember
[01:31:58.440 --> 01:32:03.560]  building seven dot org today hey it's danny here for hill country home improvements did your home
[01:32:03.560 --> 01:32:07.960]  receive hail or wind damage from the recent storms come on we all know the government caused it with
[01:32:07.960 --> 01:32:12.360]  their kim trails but good luck getting them to pay for it okay i might be kidding about the kim
[01:32:12.360 --> 01:32:16.520]  trails but i'm serious about your roof that's why you have insurance and hill country home
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[01:32:31.720 --> 01:32:39.320]  just call 512-992-8745 or go to hill country home improvements dot com mention the crypto show and
[01:32:39.320 --> 01:32:43.800]  get a hundred dollars off and we'll donate another hundred dollars to the logos radio network to help
[01:32:43.800 --> 01:32:50.120]  continue this programming so if those out of town roofers come knocking your door should be locking
[01:32:50.120 --> 01:32:57.240]  that's 512-992-8745 or hill country home improvements dot com discounts are based
[01:32:57.240 --> 01:33:02.520]  on full roof replacement may not actually be kidding about kim trails you are listening
[01:33:02.520 --> 01:33:30.120]  to the logos radio network logos radio network dot com
[01:33:32.600 --> 01:33:39.000]  they look what we're all eternity they come from natural divinity with step
[01:33:39.000 --> 01:33:46.440]  as roots and authenticity as the tools to regain dignity and rebuild the crime of
[01:33:46.440 --> 01:34:00.840]  divinity and i say truth and nature must be justice i believe truth and nature must be justice
[01:34:00.840 --> 01:34:04.920]  and though it's a daunting task at least i got the peace of
[01:34:04.920 --> 01:34:12.760]  seat i said more to just take off the silly minds and in the light of day we all will pass
[01:34:13.640 --> 01:34:20.680]  okay we are back randy kelton real well revealed and talk to mark in texas okay mark yeah first
[01:34:20.680 --> 01:34:26.120]  thing you do is when they start to have the hearing we say your honor uh i'm here at arms
[01:34:26.120 --> 01:34:31.080]  link to the court today i have a challenge subject matter jurisdiction i've brought before the court
[01:34:31.080 --> 01:34:38.360]  and i'd ask that you hear that before we get to any substantive issues when you say it arms
[01:34:38.360 --> 01:34:43.880]  links to the court he's going to know what you mean that means you don't have any jurisdiction
[01:34:43.880 --> 01:34:47.880]  to do anything until you've addressed subject matter jurisdiction
[01:34:47.880 --> 01:34:58.680]  does that make sense yes absolutely and how do i bring in um perhaps i don't have to but if if
[01:34:58.680 --> 01:35:03.080]  if he goes ahead and shoots me down and he's a jerk about it all and doesn't want to reflect
[01:35:03.080 --> 01:35:09.320]  on the original complaint i just say your honor i i would like to state for the record that i've
[01:35:09.320 --> 01:35:16.680]  that i've get the ruling yeah yeah let the record reflect my exception to the rule and do it you
[01:35:16.680 --> 01:35:22.360]  know don't do it upset or anything you know you're marking this for appeal you're letting the court
[01:35:22.360 --> 01:35:27.400]  you're putting it on the record that you don't agree with the ruling and that's all and the
[01:35:27.400 --> 01:35:34.200]  judge won't be offended by that because that's the standard way of marking something for appeal
[01:35:35.640 --> 01:35:38.920]  and that's the part that might annoy him a little bit but that's okay
[01:35:40.440 --> 01:35:46.280]  right so we'll do that and then um i'm going to put a little bit of this in my motion but
[01:35:46.280 --> 01:35:52.360]  as i as i present my motion i'm going to say it's important to bring out initially your honor that
[01:35:52.360 --> 01:35:58.920]  this case has already been ruled upon there was no new information included in the planet's motion
[01:35:58.920 --> 01:36:04.520]  to reopen this case please the the facts have already been ruled along it ruled on and and
[01:36:04.520 --> 01:36:12.600]  they're thus laterally a stop from presentation furthermore i move this honorable court to strike
[01:36:12.600 --> 01:36:19.800]  those pleadings as they are in direct conflict with the original uh company to strike the pleading
[01:36:19.800 --> 01:36:27.160]  things as frivolous and as frivolous and without merit okay
[01:36:29.560 --> 01:36:32.760]  to strike as frivolous and without merit because they're trying to say that the
[01:36:32.760 --> 01:36:39.640]  date of acceleration 2010 no no no no don't do that okay okay stop that
[01:36:39.640 --> 01:36:45.480]  that now i want you to take your phone and beat yourself around the eyes and the ears
[01:36:46.840 --> 01:36:56.920]  that's the thing you have to avoid the most do not go to the merits stay with collateral estoppel
[01:36:58.760 --> 01:37:08.120]  okay do that again without merits so without without getting into any argument on the merit
[01:37:08.120 --> 01:37:15.480]  just simply say okay capital so i was just here furthermore your honor i in in addition to the
[01:37:15.480 --> 01:37:21.240]  fact that i i think this would be the right way or right time to present it i'm conditioned to
[01:37:21.240 --> 01:37:26.600]  the fact that i believe is that the court does not have subject matter jurisdiction in this case
[01:37:26.600 --> 01:37:31.880]  this case has already actually been ruled upon and in the plaintiff's motion to reopen the case
[01:37:31.880 --> 01:37:37.320]  there's no new information presented the facts that are being brought out had already essentially
[01:37:37.320 --> 01:37:42.680]  been ruled upon they they failed to include the three exhibits with the type and they're
[01:37:42.680 --> 01:37:51.240]  collaboratively stopped okay the issue the issue is your honor council is trying to get a second
[01:37:51.240 --> 01:37:58.120]  bite at the apple the issue council now brings was before the court in the first trial and council
[01:37:58.120 --> 01:38:04.360]  did not argue that issue in the first trial and since he lost now he wants to come back and get
[01:38:04.360 --> 01:38:10.680]  another bite at the apple well he hasn't brought any new information he's brought nothing that
[01:38:10.680 --> 01:38:17.480]  wasn't before for the court on the initial hearing therefore he's collaboratively stopped
[01:38:17.480 --> 01:38:27.400]  from arguing this issue now that's it okay if you ask me for clarity i'm just going to say
[01:38:27.400 --> 01:38:35.880]  in this motion they're arguing that the date of acceleration was 2010 rather than 2007 they're
[01:38:35.880 --> 01:38:41.960]  arguing that there was payments that would hold the statute of limitations that's something that
[01:38:41.960 --> 01:38:49.160]  was already mentioned although it wasn't brought out and i would say that well and i submitted
[01:38:49.160 --> 01:38:53.000]  the court for their collaboratively stopped from bringing this information or something
[01:38:53.000 --> 01:39:01.400]  we perfect perfect you didn't you didn't argue that it wasn't true you argued that they can't
[01:39:01.400 --> 01:39:11.400]  bring this before the court perfect because there's nothing new yeah nothing no no information before
[01:39:11.400 --> 01:39:19.240]  the court nothing to give them grounds for reinvoking the duty the jurisdiction of the court
[01:39:19.240 --> 01:39:24.440]  oh that that's not the way to say it there's nothing to give them grounds to re-adjudicate
[01:39:24.440 --> 01:39:33.160]  this issue they have to have new information okay and this is going to be important for the court
[01:39:33.160 --> 01:39:40.520]  the court is not going to want to keep read to keep re-adjudicating the same issues and with that
[01:39:41.480 --> 01:39:45.640]  you can be relatively certain the court of appeals is going to rule in your favor
[01:39:45.640 --> 01:39:50.360]  the court of appeals is going to rule in your favor because what happens if they don't
[01:39:52.920 --> 01:39:58.920]  now anybody who loses a case can come back and bring up all the issues they didn't fight the
[01:39:58.920 --> 01:40:07.240]  first time and re-elitigate the case in in perpetuity the appeals court's not going to want
[01:40:07.240 --> 01:40:17.320]  that to happen i think you're in good shape nothing nothing to give them grounds to re-adjudicate this
[01:40:17.320 --> 01:40:23.800]  issue nor anything which would give them the capacity to invoke the subject matter jurisdiction
[01:40:23.800 --> 01:40:30.680]  of this honorable court at the top yeah that could be in a closing because capacity goes back
[01:40:30.680 --> 01:40:33.800]  to subject matter and that's something if that's something he's already ruled on
[01:40:33.800 --> 01:40:41.080]  you probably don't want to go back to that should i um well question should i bring up both of the
[01:40:41.080 --> 01:40:46.920]  critical points which i've gotten from you at the same time or should i wait on the argument about
[01:40:46.920 --> 01:40:54.920]  reopening as i do keep subject matter jurisdiction clean do that one first they were out of time
[01:40:54.920 --> 01:41:00.760]  their issue expired they they could not bring it in the first instance and that's already been
[01:41:00.760 --> 01:41:06.920]  that's already been adjudicated it's established they were out of time then asked the court to rule
[01:41:06.920 --> 01:41:13.160]  that the court lacked subject matter jurisdiction ab initio ab initio from the beginning
[01:41:15.000 --> 01:41:23.320]  and if the court denies that then you bring your motion to dismiss based on collateral estoppel
[01:41:25.240 --> 01:41:26.440]  and you're going to screw up
[01:41:26.440 --> 01:41:34.280]  got it don't worry about it you're just there to set the record for appeal on the appeal the subject
[01:41:34.280 --> 01:41:41.800]  matter jurisdiction uh please actually win i think i've seen it in lots of cases yeah there's a good
[01:41:41.800 --> 01:41:49.800]  chance you'll win on that the court's going to follow code they're not going to want to throw out
[01:41:49.800 --> 01:41:56.760]  the the statute of limitations because if they rule against you they rule against the statute of
[01:41:56.760 --> 01:42:03.800]  limitations so they're not going to want to do that right and they're almost certainly not going
[01:42:03.800 --> 01:42:12.760]  to want to rule that you can get a second bite at the apple because that would quadruple their
[01:42:12.760 --> 01:42:17.800]  workload and they are not going to want to do that okay so you're in pretty good shape
[01:42:17.800 --> 01:42:22.360]  okay so you're in pretty good shape okay i do need to move along got two more colors
[01:42:22.360 --> 01:42:27.240]  and one segment left you're going to the reason i said you're going to screw up
[01:42:27.240 --> 01:42:32.760]  is because it's okay hey don't worry about it all you're doing setting a record for appeal anyway
[01:42:32.760 --> 01:42:40.600]  so if you screw something up don't get concerned about it if they try to get you into the merits
[01:42:40.600 --> 01:42:47.560]  object to it if they force you into the merits go to the merits with objection make a good strong
[01:42:47.560 --> 01:42:53.560]  argument objecting the whole time about having to make the argument but don't worry about screwing
[01:42:53.560 --> 01:42:59.400]  up just go in there and take your best shot this is the best legal education you can get
[01:43:00.200 --> 01:43:12.200]  you get done with this you'll kick most lawyers behinds okay okay thank you mark oh my goodness
[01:43:12.200 --> 01:43:18.840]  just when i'm going to angel we lost him again well angel must be having some problems with his
[01:43:19.400 --> 01:43:26.840]  phone okay angel if you can hear me send me an email randy at ruval radio with whatever your
[01:43:26.840 --> 01:43:32.840]  question is and i will address it in the morning okay danny what do you have for us
[01:43:32.840 --> 01:43:41.960]  uh just something uh crap too bad time's up getting caught okay sorry about hang on hang on
[01:43:41.960 --> 01:43:46.440]  we're about to go to break we'll pick this up on the other side randy kelton ruval radio
[01:43:48.200 --> 01:43:52.440]  i'm not even going to give out the call-in number we're going to our last segment and danny if you
[01:43:53.080 --> 01:43:57.880]  angel if you if you can hear me call us back we'll try to get you in we'll be right back
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[01:46:22.760 --> 01:46:25.720]  so
[01:46:25.720 --> 01:46:55.000]  The people come down from the hills.
[01:46:55.000 --> 01:46:56.000]  Hey we are back.
[01:46:56.000 --> 01:46:57.000]  Randy Kelton.
[01:46:57.000 --> 01:47:02.440]  We're talking to Danny in Tennessee.
[01:47:02.440 --> 01:47:03.440]  Hello Danny.
[01:47:03.440 --> 01:47:04.440]  Alright.
[01:47:04.440 --> 01:47:11.720]  Well just something to people to try sometime if they can keep things straight this way
[01:47:11.720 --> 01:47:18.400]  but come out not going along with presumptions in court and have them prove things.
[01:47:18.400 --> 01:47:27.640]  One of the things I would question is you know like you're being called up as a defendant
[01:47:27.640 --> 01:47:31.680]  before you ever answer anything you want to know exactly what the defendant is not what
[01:47:31.680 --> 01:47:36.080]  the name is but what it is.
[01:47:36.080 --> 01:47:39.080]  That's not clear.
[01:47:39.080 --> 01:47:47.720]  Well the you say in the criminal things a person commits an offense and somewhere they
[01:47:47.720 --> 01:47:55.200]  have a list of what's a person and it's kind of go through that list well is it a corporation
[01:47:55.200 --> 01:47:58.120]  or is it a trust or in the state.
[01:47:58.120 --> 01:48:05.760]  I mean what is it before I could say what does their paperwork indicate that it is.
[01:48:05.760 --> 01:48:15.800]  No you you wait a minute it the defendant are using it to refer to defendant.
[01:48:15.800 --> 01:48:19.480]  Yeah because I don't think it's a man so what is it.
[01:48:19.480 --> 01:48:22.960]  Why do you think it's not a man.
[01:48:22.960 --> 01:48:26.360]  Because man's not in a list of persons.
[01:48:26.360 --> 01:48:30.520]  Living a living person is.
[01:48:30.520 --> 01:48:40.000]  Well not a living person what do they call it a living living something or other.
[01:48:40.000 --> 01:48:47.800]  You're either a living breathing person a human being or you are a fictional entity.
[01:48:47.800 --> 01:48:52.400]  Either one of those can be a person.
[01:48:52.400 --> 01:49:03.280]  Almost always I know in Texas in the criminal code it only applies to no it doesn't only
[01:49:03.280 --> 01:49:12.000]  apply to persons chapters but one of the chapters applies to fictional entities all the rest
[01:49:12.000 --> 01:49:18.000]  of them apply to persons to a person as a living breathing human being.
[01:49:18.000 --> 01:49:24.240]  Well yeah but since there's more than one what is it.
[01:49:24.240 --> 01:49:30.560]  Are you are you arguing the position of you think how to state this.
[01:49:30.560 --> 01:49:41.400]  Am I being charged as defendant in my capacity in my private capacity or my public persona.
[01:49:41.400 --> 01:49:46.680]  Well something like that just have them say what it is.
[01:49:46.680 --> 01:49:55.640]  Why why don't you do something have them tell you what they mean by it.
[01:49:55.640 --> 01:50:01.040]  OK. to what purpose.
[01:50:01.040 --> 01:50:07.320]  Well to identify what what if you're being charged under something to which you know
[01:50:07.320 --> 01:50:14.680]  a you know you come out not admitting to being a driver or something that type of thing.
[01:50:14.680 --> 01:50:19.320]  Well what what is what is the defendant exactly.
[01:50:19.320 --> 01:50:24.080]  The driver is someone engaged in occupation.
[01:50:24.080 --> 01:50:29.520]  OK if you were in court you'd ask me what what is the defendant.
[01:50:29.520 --> 01:50:35.240]  Right before you answer anything for it you want to know that that is you or that you're
[01:50:35.240 --> 01:50:38.200]  responsible for it.
[01:50:38.200 --> 01:50:45.360]  OK you're responsible for it we get to that now that that is me.
[01:50:45.360 --> 01:50:48.360]  What does mean.
[01:50:48.360 --> 01:50:49.600]  Like what.
[01:50:49.600 --> 01:50:54.920]  OK you want you want to know that it is you or or me what does you or me mean.
[01:50:54.920 --> 01:50:59.120]  Exactly what it is not not asking if it is me asking what is it what do they believe
[01:50:59.120 --> 01:51:00.960]  it is.
[01:51:00.960 --> 01:51:07.200]  That you're unclear in what you're asking for.
[01:51:07.200 --> 01:51:15.720]  If they have charged a living breathing human being and accused him of being the defendant.
[01:51:15.720 --> 01:51:21.720]  And you're standing before the court in your as in whatever ill other capacity you're there
[01:51:21.720 --> 01:51:27.480]  as a living breathing human being.
[01:51:27.480 --> 01:51:34.400]  What does you if I speak to you what does you mean.
[01:51:34.400 --> 01:51:40.800]  Can it mean something other than the living breathing human being.
[01:51:40.800 --> 01:51:43.000]  I would think so.
[01:51:43.000 --> 01:51:46.040]  What could it mean.
[01:51:46.040 --> 01:51:53.520]  Whoever is there as the thing that's in that's in court.
[01:51:53.520 --> 01:52:01.820]  Whoever whoever implies a living breathing human being can whoever be.
[01:52:01.820 --> 01:52:07.920]  I don't understand how the question can be answered.
[01:52:07.920 --> 01:52:14.760]  You apparently anticipate that there are multiple potential answers.
[01:52:14.760 --> 01:52:24.920]  Right well what would those alternative answers be other than the living breathing human being.
[01:52:24.920 --> 01:52:30.440]  Well could be a corporation could be a trust be in a state a partnership all the things
[01:52:30.440 --> 01:52:33.880]  listed as a person in the statute.
[01:52:33.880 --> 01:52:37.880]  OK that's where I thought you were going.
[01:52:37.880 --> 01:52:44.640]  So if you've been named by your name.
[01:52:44.640 --> 01:52:46.720]  Now are we going to.
[01:52:46.720 --> 01:52:53.320]  If you've been named by your name and the name is not in all caps.
[01:52:53.320 --> 01:52:58.400]  Does that designate the living breathing human being.
[01:52:58.400 --> 01:52:59.400]  Well I don't think so.
[01:52:59.400 --> 01:53:03.360]  So you read Chapter 17A and it's talking about alleging the name of a corporation that can
[01:53:03.360 --> 01:53:06.120]  use any name by which it is known.
[01:53:06.120 --> 01:53:12.720]  And they don't have to let it was lawfully incorporated so they can be presuming that
[01:53:12.720 --> 01:53:19.440]  that's what they have there and have someone answering for it.
[01:53:19.440 --> 01:53:24.960]  And they don't have to you know state that the corporation they don't have to use the
[01:53:24.960 --> 01:53:30.160]  proper corporation name just use any name by which it is known.
[01:53:30.160 --> 01:53:39.400]  OK so then according to 17A even if they were naming you in your straw man capacity wouldn't
[01:53:39.400 --> 01:53:40.400]  matter.
[01:53:40.400 --> 01:53:48.840]  Well why was it something else how do I know what it is.
[01:53:48.840 --> 01:53:56.200]  Well what else is there other than the public person or the private person.
[01:53:56.200 --> 01:54:07.360]  Well what you already said if you're if you are in your corporate or private capacity
[01:54:07.360 --> 01:54:14.120]  you're both they're both designated by the same name that 17A you would cover whichever
[01:54:14.120 --> 01:54:22.760]  one they could they used it wouldn't the capacity wouldn't matter because they'd both essentially
[01:54:22.760 --> 01:54:31.080]  apply to the same person as the one is the alter ego of the other.
[01:54:31.080 --> 01:54:39.320]  OK if there was a actual corporation that had the same name a homonym of your name is
[01:54:39.320 --> 01:54:40.320]  that really you.
[01:54:40.320 --> 01:54:48.280]  What if somebody else created you know corporation with that same name you know it's a homonym
[01:54:48.280 --> 01:54:51.760]  of your name you can't tell the difference when it's spoken.
[01:54:51.760 --> 01:54:59.800]  I suspect that if I do a Spokio or wanted to go to one of these name sites and I put
[01:54:59.800 --> 01:55:10.240]  in Danny Murphy or if I go to Skype and I put in Danny Murphy that is probably something
[01:55:10.240 --> 01:55:21.200]  like Mr. Smith I'll probably get 10,000 of those.
[01:55:21.200 --> 01:55:32.760]  So your question is really going to specifically identifying you this individual human being
[01:55:32.760 --> 01:55:44.400]  that before the court can exercise jurisdiction they have to establish that you are the precise
[01:55:44.400 --> 01:55:58.560]  Danny Murphy that is intended by the complaint right I take it that's where you're going
[01:55:58.560 --> 01:56:04.360]  yeah that's the basic idea you're going what I'm trying to isolate you're going to personal
[01:56:04.360 --> 01:56:13.160]  identity or you're going to persona well I'll tell you a few years ago did something like
[01:56:13.160 --> 01:56:21.920]  this but in discovery against the prosecutor and with the admissions that you know the
[01:56:21.920 --> 01:56:30.160]  defendant is not a corporation defendant is not a trust and every type of person that
[01:56:30.160 --> 01:56:38.200]  I could think of and then some other things end up getting a sort of angry and threatening
[01:56:38.200 --> 01:56:44.760]  letter back about this blah blah blah all this stuff and the time got court the next
[01:56:44.760 --> 01:56:49.200]  time all nice and friendly again because guess he talked to the judge and they'd found something
[01:56:49.200 --> 01:56:57.800]  else to do but really didn't want to be answering those questions like that well it may be that
[01:56:57.800 --> 01:57:03.440]  he just was made to feel stupid because he couldn't answer the question didn't know what
[01:57:03.440 --> 01:57:16.360]  he was talking about but that doesn't mean that the questions have merit is well just
[01:57:16.360 --> 01:57:20.720]  things that we've talked about before like 17a and charging a corporation how can you
[01:57:20.720 --> 01:57:26.240]  tell what they're doing it as because they seem to be charging people for things that
[01:57:26.240 --> 01:57:35.080]  people are not really you know subject to and so when the name comes up what is it that
[01:57:35.080 --> 01:57:42.800]  they're charging that would be interesting how could they give you a substantive answer
[01:57:42.800 --> 01:57:56.400]  that would be definitive well yeah that's sort of the question too and so if they ever
[01:57:56.400 --> 01:58:04.880]  did then you know where's where's your connection that's to be responsible for it okay we're
[01:58:04.880 --> 01:58:14.720]  going to have to drop things there as we are out of time thank you danny and call us back
[01:58:14.720 --> 01:58:22.960]  next week this is randy kelton radio we'll be back thursday with our four out with the
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