[00:00.000 --> 00:05.920]  The following newsflash is brought to you by the Lone Star Lowdown, providing the jelly
[00:05.920 --> 00:08.360]  bulletins for the commodities market.
[00:08.360 --> 00:21.400]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:21.400 --> 00:26.600]  Markets for Wednesday, the 5th of October, 2016 are currently trending with gold at $1,266.60
[00:26.600 --> 00:34.120]  an ounce, silver at $17.72 an ounce, Texas crude at $48.69 a barrel, and bitcoin is current
[00:34.120 --> 00:43.360]  sitting at about $613 U.S. currency.
[00:43.360 --> 00:48.400]  Today in history, the year 1947, the first televised White House presidential address
[00:48.400 --> 00:51.600]  is given by then U.S. President Harry S. Truman.
[00:51.600 --> 00:59.800]  Today in history, in recent news, the Paris Climate Agreement is set to take effect next
[00:59.800 --> 01:00.800]  month.
[01:00.800 --> 01:05.880]  Adopted by consensus on December 12, 2015, at the 21st Conference of the Parties of the
[01:05.880 --> 01:12.040]  UNFCCC, or United Nations Framework Convention on Climate Change in Paris, and open for signatures
[01:12.040 --> 01:17.520]  on the 22nd of April, 2016, Earth Day, and a ceremony in New York City, it is set to
[01:17.520 --> 01:19.120]  take effect on November 4.
[01:19.120 --> 01:23.040]  It is essentially a global agreement for the redirecting of the world economy away from
[01:23.040 --> 01:26.760]  fossil fuels towards more greenhouse-friendly forms of energy.
[01:26.760 --> 01:31.120]  President Obama, speaking from the Rose Garden, talking about the agreement, said that, quote,
[01:31.120 --> 01:35.800]  this gives us the best possible shot to save the one planet we've got, and that one of
[01:35.800 --> 01:39.920]  the reasons I took this office was to make America the leader in this mission.
[01:39.920 --> 01:44.440]  The agreement already has support from major greenhouse gas emitters like China, the United
[01:44.440 --> 01:49.640]  States and India, and in total 72 out of 195 countries have ratified the agreement, according
[01:49.640 --> 01:50.640]  to the UN.
[01:50.640 --> 01:54.640]  Republican presidential candidate Donald Trump opposes the agreement since it lacks the approval
[01:54.640 --> 02:04.320]  of the U.S. Congress, while Democratic nominee Hillary Clinton is a strong supporter.
[02:04.320 --> 02:08.200]  More than 50 correctional officers and inmates inside Maryland's largest state prison were
[02:08.200 --> 02:12.120]  charged by prosecutors Wednesday, today, with bribery and drug conspiracy.
[02:12.120 --> 02:16.120]  Prison guards are accused of smuggling cell phones, tobacco and drugs into the Eastern
[02:16.120 --> 02:20.960]  Shore facility in exchange for money and sex, according to indictments unsealed in a federal
[02:20.960 --> 02:21.960]  investigation.
[02:21.960 --> 02:25.880]  Apparently, prison guards were passing through security with undetected heroin, cocaine and
[02:25.880 --> 02:29.880]  pornographic videos, which were then handed off to inmates in exchange for hundreds of
[02:29.880 --> 02:30.880]  dollars.
[02:30.880 --> 02:34.520]  They were also being accused of warning inmates when prison officials were preparing to search
[02:34.520 --> 02:39.800]  cells and of using force and intimidation to silence inmates who were reporting the smuggling.
[02:39.800 --> 02:43.300]  According to court records, inmates were using the prison phones and their contraband cell
[02:43.300 --> 02:46.280]  phones to pay off correctional officers through PayPal.
[02:46.280 --> 02:51.160]  They were hustling $500 for each package on average and as much as $3,000 a week, according
[02:51.160 --> 02:52.160]  to investigators.
[02:52.160 --> 03:17.160]  This is Rick Rodeo with your Lowdown for October 5th, 2016.
[03:17.160 --> 03:22.880]  Okay, we are back, Randy Kelton, Rue La Radio, and we're going to Rodney in Texas.
[03:22.880 --> 03:23.880]  Hello, Rodney.
[03:23.880 --> 03:24.880]  Sorry about the interruption.
[03:24.880 --> 03:36.360]  Yeah, I kind of lost my train of thought there, I heard some good information though, I want
[03:36.360 --> 03:44.960]  to commend Ron for his fight, and I agree with you, the Supreme Court allows this Hearst
[03:44.960 --> 03:51.600]  Company to get away with what they're doing, the Lord knows the Hearst Company has done
[03:51.600 --> 03:58.600]  these sort of things before, you know, then they're letting, they're opening up Pandora's
[03:58.600 --> 04:02.480]  Box, I mean, because-
[04:02.480 --> 04:10.080]  You know that the restriction on growing hemp in the United States?
[04:10.080 --> 04:14.680]  That was because of Hearst.
[04:14.680 --> 04:21.240]  It competed with his pulpwood industry, he bought up a bunch of pulpwood for us to make
[04:21.240 --> 04:29.440]  his own paper for his newspapers and was selling his pulp to other newspapers and other companies
[04:29.440 --> 04:36.240]  and hemp production was competing with it, and he's the one that got hemp declared controlled
[04:36.240 --> 04:37.240]  substance.
[04:37.240 --> 04:49.280]  So he could gain a monopoly on the pulp, and he did, and unfortunately in the process demonize
[04:49.280 --> 04:50.280]  hemp.
[04:50.280 --> 04:55.280]  He was a rascal.
[04:55.280 --> 05:05.800]  Let me, before the interview with Ron, I was telling you that this Judge Gus Strauss discovered
[05:05.800 --> 05:15.000]  that he was working both for the court and the attorney general's office, but in my situation,
[05:15.000 --> 05:21.400]  I just recently found out that even though I had hit my rhythm and Deimos was denied
[05:21.400 --> 05:33.040]  by him, that they had put my case on the non-contested docket, and so now I don't know, there's some
[05:33.040 --> 05:36.520]  fundamental things going on here.
[05:36.520 --> 05:40.440]  That appears as though it's a fundamental error.
[05:40.440 --> 05:50.040]  Now, it is specific and complex enough that it is not something that I have specifically
[05:50.040 --> 05:51.040]  looked at.
[05:51.040 --> 05:54.080]  Oh, wait a minute, hold on.
[05:54.080 --> 05:55.080]  My case.
[05:55.080 --> 06:07.120]  You're in an administrative hearing, and when you filed the petition for mandamus, that
[06:07.120 --> 06:16.800]  is essentially, no, that's not, that cannot be construed as uncontested.
[06:16.800 --> 06:20.840]  What can be construed as uncontested is a habeas.
[06:20.840 --> 06:28.400]  Right, because that doesn't involve really two parties other than the sheriff being called
[06:28.400 --> 06:29.400]  before.
[06:29.400 --> 06:37.760]  It's not like a regular case, but a petition for mandamus, that can certainly be opposed.
[06:37.760 --> 06:46.240]  It should go on a miscellaneous docket and not an uncontested document.
[06:46.240 --> 06:57.200]  I'm suspecting that what we may have here is a problem with terminology.
[06:57.200 --> 07:03.720]  I haven't heard of, the only time I've heard of an uncontested docket is when you file
[07:03.720 --> 07:13.640]  a motion, it's not really a docket, let's define docket.
[07:13.640 --> 07:24.760]  The state requires that the clerk keep a docket, and that docket keeps a record of every case
[07:24.760 --> 07:30.560]  that's filed and every document that's filed in the case.
[07:30.560 --> 07:35.560]  Before computers, they had these huge docket books, and every time something was filed,
[07:35.560 --> 07:37.680]  it was listed in the docket book.
[07:37.680 --> 07:40.440]  Now, that was required to be kept.
[07:40.440 --> 07:48.760]  Now, if they set a hearing, generally when a judge does motion hearings, all he does
[07:48.760 --> 07:55.480]  that day is motion hearings, and they create a list of all of the motions that are set
[07:55.480 --> 07:58.080]  for hearing on that day.
[07:58.080 --> 08:06.640]  They call that list a docket, so you see where we can have this confusion.
[08:06.640 --> 08:15.360]  The uncontested docket, she's just saying that we put that on for hearing on a day when
[08:15.360 --> 08:24.000]  we don't have two parties in at the same time, or we have two parties that both agree on
[08:24.000 --> 08:25.480]  an issue.
[08:25.480 --> 08:34.160]  I don't think once you get the definition of the terms down right, that that's going
[08:34.160 --> 08:43.160]  to be in any way detrimental to your petition for restraining order, or I'm sorry, petition
[08:43.160 --> 08:44.160]  for readamandamus.
[08:44.160 --> 08:51.760]  Mandamus, and why, I agree with everything you're saying, Randy, it doesn't make sense
[08:51.760 --> 08:57.800]  to me that they would tell me that there's no record because it was uncontested when
[08:57.800 --> 09:05.200]  in fact the attorney generals showed up too contested, and the judge ruled or denied my
[09:05.200 --> 09:06.200]  readamandamus.
[09:06.200 --> 09:10.800]  It's just that it made any sense.
[09:10.800 --> 09:25.440]  Okay, no it doesn't, because that mandamus can hardly be considered something that's
[09:25.440 --> 09:28.040]  not contested.
[09:28.040 --> 09:37.280]  I don't know, okay, but it's a technical question I'd have to look at.
[09:37.280 --> 09:45.680]  What does uncontested mean in legal terms, and generally it only means that either both
[09:45.680 --> 09:54.360]  parties agreed to something, or it is a document that only one party's involved.
[09:54.360 --> 10:05.360]  Now if you were requesting an emergency restraining order, that would be uncontested, because it's
[10:05.360 --> 10:17.860]  heard immediately, but a mandamus, that's not something that needs to be heard immediately.
[10:17.860 --> 10:23.600]  So it sounds like they're doing a song and dance and seltzer down your pants, so you
[10:23.600 --> 10:33.200]  might want to refile the mandamus and demand a court reporter.
[10:33.200 --> 10:44.640]  Well, now I'm being told that the lower court in this case, the hearing officer, has made
[10:44.640 --> 10:45.640]  their ruling.
[10:45.640 --> 10:56.560]  That don't make any difference if the hearing officer is not acting within scope, or don't,
[10:56.560 --> 11:02.880]  okay, understand, that's essentially like the trial court.
[11:02.880 --> 11:06.360]  All you're there for is to set the record.
[11:06.360 --> 11:11.080]  You don't care what they do, because you're going to appeal that anyway.
[11:11.080 --> 11:20.440]  Now here, where the hearing officer failed to follow law, you should be able to get a
[11:20.440 --> 11:26.400]  restraining order, you file for an emergency restraining order against the hearing officer,
[11:26.400 --> 11:34.400]  ordering the hearing officer not to file their decision until your claims against the hearing
[11:34.400 --> 11:41.800]  officer, the propriety of their adjudication can be tested.
[11:41.800 --> 11:51.400]  Well, unfortunately, I got notified today that the hearing officer has made their decision,
[11:51.400 --> 11:55.040]  and I won't be able to get a hearing.
[11:55.040 --> 12:04.360]  I filed a motion to reconsider Judge Gus Strauss' denial of my writ of mandamus, and they scared
[12:04.360 --> 12:05.360]  me.
[12:05.360 --> 12:10.520]  They scheduled it for this coming Thursday, but I was also told that there's no record
[12:10.520 --> 12:15.840]  of his decision, because it was placed on the uncontested side of things.
[12:15.840 --> 12:27.800]  I call it a docket, but so this is so, you got the hearing officer has jumped in here
[12:27.800 --> 12:32.520]  and issued her decision, and now you've got...
[12:32.520 --> 12:40.000]  Okay, okay, understand, her decision don't mean anything.
[12:40.000 --> 12:47.080]  All that is, is that opens the door for you to get to the appeals court.
[12:47.080 --> 12:55.880]  What this judge did, now that they put it on a docket where there would be no record,
[12:55.880 --> 13:02.080]  and there is no signed order, so you need to refile that mandamus with another court,
[13:02.080 --> 13:07.640]  because that one wasn't heard.
[13:07.640 --> 13:09.480]  That's what I did.
[13:09.480 --> 13:20.320]  I refiled it, but I changed the language there where it actually is asking for a motion to
[13:20.320 --> 13:26.200]  reconsider, because I had already taken it to the third court of appeal.
[13:26.200 --> 13:36.360]  They denied it, because they said there was no judge implicated there, and so, yeah, it's...
[13:36.360 --> 13:39.600]  Okay, so refile your mandamus.
[13:39.600 --> 13:46.480]  Since there's no judge in the case, there was no case, and there's no record.
[13:46.480 --> 13:51.800]  When you say there was no hearing, no one can refute it, because there is no record.
[13:51.800 --> 14:01.960]  So, take your mandamus and file it with another court.
[14:01.960 --> 14:05.400]  I'll do that, so...
[14:05.400 --> 14:09.560]  They want to try to play fast and loose with the rules.
[14:09.560 --> 14:16.440]  You can take it and stick it back with them, and you might include in the mandamus a request
[14:16.440 --> 14:22.080]  for a court reporter.
[14:22.080 --> 14:23.080]  Okay.
[14:23.080 --> 14:27.920]  Yeah, so that doesn't become an issue.
[14:27.920 --> 14:34.880]  That was another fundamental mistake that I made, but I'm going to do exactly what you
[14:34.880 --> 14:36.120]  said, refile it.
[14:36.120 --> 14:46.320]  Now, my question is, if there is an inability to pay in my situation, and I need those records
[14:46.320 --> 14:51.280]  from the court reporter, is...
[14:51.280 --> 14:57.480]  Have you filed a petition for inability to pay?
[14:57.480 --> 14:58.480]  I have.
[14:58.480 --> 15:00.480]  Has it been approved?
[15:00.480 --> 15:01.480]  Yes.
[15:01.480 --> 15:04.600]  Then you don't have to pay the court reporter.
[15:04.600 --> 15:08.160]  Well, but that's what I was about to say.
[15:08.160 --> 15:17.160]  I was told by the clerk that that's a separate fee from the court fee to file the...
[15:17.160 --> 15:18.160]  Okay.
[15:18.160 --> 15:24.800]  You need to point up at the sign on the wall in the clerk's office that she can't give
[15:24.800 --> 15:25.800]  legal advice?
[15:25.800 --> 15:26.800]  Mm-hmm.
[15:26.800 --> 15:27.800]  Yeah.
[15:27.800 --> 15:32.160]  When they do that to me, I ask them, are you counsel?
[15:32.160 --> 15:34.120]  No, I'm not.
[15:34.120 --> 15:37.440]  Then don't give me legal advice.
[15:37.440 --> 15:41.280]  Just do what I ask you to do.
[15:41.280 --> 15:49.280]  I was about to do that to a court coordinator that didn't like the tracking sheet from the
[15:49.280 --> 15:53.320]  US Postal Service, so she didn't set my motion for hearing.
[15:53.320 --> 16:01.480]  I was about to take it into the judge myself, because I don't care what she likes or what
[16:01.480 --> 16:05.080]  she doesn't like or even what she thinks.
[16:05.080 --> 16:06.080]  She's not a lawyer.
[16:06.080 --> 16:11.920]  She can't give me legal advice, so don't pay any attention to what they say, because they
[16:11.920 --> 16:15.480]  really don't know what they're doing for the most part.
[16:15.480 --> 16:19.600]  But then with that said, the clerks are, for the most part, they're trying to make things
[16:19.600 --> 16:20.600]  go smoothly.
[16:20.600 --> 16:25.680]  The problem is, is they work with the judges more than you, so they really want it to go
[16:25.680 --> 16:30.520]  smoothly for the judge, and they don't care about you as much, but generally they don't
[16:30.520 --> 16:35.680]  have a dog in their hunt, so generally the clerks are not malicious.
[16:35.680 --> 16:37.880]  And I don't want to sound like I'm beating them up.
[16:37.880 --> 16:38.880]  They're just clerks.
[16:38.880 --> 16:39.880]  Okay, hang on.
[16:39.880 --> 16:44.880]  We're about to go to break.
[16:44.880 --> 16:51.640]  Randy Kelton, Rue de la Radio, our call in number 512-646-1984.
[16:51.640 --> 16:54.520]  We do have a couple of slots open on the call boards.
[16:54.520 --> 16:56.920]  I think we had a couple people drop off.
[16:56.920 --> 16:59.080]  We'll be right back.
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[19:18.600 --> 19:19.600]  people hurt you.
[19:19.600 --> 19:25.320]  Okay, we are back, Randy Kelton, Rule of Law Radio, and we're talking to Rodney in Texas.
[19:25.320 --> 19:31.000]  Okay, Rodney, where were we when that was the first time I didn't fall off the cliff
[19:31.000 --> 19:33.000]  all night?
[19:33.000 --> 19:42.960]  Well, so the question about the judge, since some kind of way they managed to put my riddle
[19:42.960 --> 19:50.880]  of mandamus on a non-contested side of things, what action do I have against this judge now
[19:50.880 --> 19:59.560]  that I know that he definitely has conflict of interest, and now he's wasted all of my
[19:59.560 --> 20:00.560]  time.
[20:00.560 --> 20:07.640]  You know, I feel like there's been harm done to my due process because basically they've
[20:07.640 --> 20:11.520]  had me chasing a red herring here.
[20:11.520 --> 20:23.720]  Well, if the judge had a conflict of interest, then he could not have subject matter jurisdiction
[20:23.720 --> 20:34.280]  in the case, and he knew that, so he acted knowingly and wrongfully.
[20:34.280 --> 20:41.480]  I'm saying you should send a tort letter to the judge and consider suing the judge for
[20:41.480 --> 20:42.480]  malpractice.
[20:42.480 --> 20:53.560]  I don't know if you'd call it malpractice, but sue the judge for the due process violation.
[20:53.560 --> 20:59.520]  He denied you in your right to petition the court for redress of grievance, and he did
[20:59.520 --> 21:02.280]  so when he lacked subject matter jurisdiction.
[21:02.280 --> 21:04.440]  That makes him personally liable.
[21:04.440 --> 21:16.720]  But if you sue a public official in Texas, first you must give the state notice and give
[21:16.720 --> 21:23.240]  them 60 days to respond, or 60 days to make you whole.
[21:23.240 --> 21:32.480]  So essentially you send them a tort letter, and then in 60 days you file suit.
[21:32.480 --> 21:39.560]  But that raises a question because you would be suing the judge in his personal capacity,
[21:39.560 --> 21:45.360]  because you're claiming the judge did not have subject matter jurisdiction to start
[21:45.360 --> 21:51.040]  with because he had the known conflict of interest.
[21:51.040 --> 22:04.200]  So by so doing he denied you in your right to the mandamus that you were asking for.
[22:04.200 --> 22:10.920]  Because of his denial and the delay, you got a ruling against you that effectively renders
[22:10.920 --> 22:21.360]  a mandamus mood at this point, so he created a harm that can't be undone.
[22:21.360 --> 22:27.840]  So sue him personally.
[22:27.840 --> 22:31.600]  Judges are not used to that because lawyers would never do that.
[22:31.600 --> 22:39.720]  Well, first things first, you said to refile the writ of mandamus with a different court.
[22:39.720 --> 22:47.560]  The district court, when you file this paperwork in the clerk's office, it just goes to whatever
[22:47.560 --> 22:56.640]  judges, it just comes up for, it's got an opening there to hear it.
[22:56.640 --> 23:01.320]  What did you exactly mean when you say file it with the district court?
[23:01.320 --> 23:06.080]  Just take it back to the district clerk and refile it.
[23:06.080 --> 23:07.200]  Wait a minute, hold on.
[23:07.200 --> 23:09.080]  What was the mandamus for?
[23:09.080 --> 23:13.840]  What did it ask the court to mandate?
[23:13.840 --> 23:20.560]  To this hearing officer to make her comply with the administrative code.
[23:20.560 --> 23:21.560]  Okay.
[23:21.560 --> 23:32.080]  The mandamus is now moot because the hearing officer has already ruled.
[23:32.080 --> 23:41.920]  And therefore the judge denied you in your right to a fair hearing with the hearing officer
[23:41.920 --> 23:48.580]  by claiming jurisdiction when he lacked jurisdiction.
[23:48.580 --> 23:56.120]  So whatever ruling goes against you with the hearing officer, you sue to recover that from
[23:56.120 --> 23:59.120]  the judge.
[23:59.120 --> 24:09.280]  Well, the fact that it was on a non-contested docket and there's no record.
[24:09.280 --> 24:17.040]  The fact that they put it in a place where there would be no record, that he, well, don't
[24:17.040 --> 24:21.160]  raise that issue here.
[24:21.160 --> 24:31.720]  Raise the issue that he heard this mandamus when he was conflicted.
[24:31.720 --> 24:37.440]  He sat with two attorney general attorneys in front of him when he worked for the attorney
[24:37.440 --> 24:38.440]  general's office.
[24:38.440 --> 24:41.920]  He was a part of the attorney general's law firm.
[24:41.920 --> 24:49.760]  Well, I actually, when I appealed it, not knowing all of this beforehand, I just told
[24:49.760 --> 24:53.600]  the third court of appeal, this judge has neglected to sign an order.
[24:53.600 --> 24:58.880]  I don't know why, but he neglected to sign an order and I mentioned it.
[24:58.880 --> 25:05.080]  He has neglected his neglect in signing the order.
[25:05.080 --> 25:11.520]  That's a claim against him for failure to properly adjudicate the court.
[25:11.520 --> 25:18.020]  But that just goes in your favor because you're saying that you subsequently find out that
[25:18.020 --> 25:23.600]  he had no business to sit on that bench in the first instance.
[25:23.600 --> 25:26.240]  So he acted knowingly improper.
[25:26.240 --> 25:31.400]  That's the real big issue here is he worked for the attorney general's office.
[25:31.400 --> 25:32.400]  Exactly.
[25:32.400 --> 25:33.400]  Exactly.
[25:33.400 --> 25:42.200]  So that's not a claim, that's a fact that's right there in the newspaper.
[25:42.200 --> 25:46.840]  So forget about these other issues for the moment.
[25:46.840 --> 25:49.040]  We can address those later.
[25:49.040 --> 25:55.440]  Right now the big issue is, is you tried to file a mandamus to prevent harm caused by
[25:55.440 --> 26:00.240]  this hearing officer who was not following law.
[26:00.240 --> 26:08.720]  This judge stepped in when he had no power and denied your mandamus and stalled your
[26:08.720 --> 26:16.880]  mandamus until this hearing officer could rule and thereby denied you in your right
[26:16.880 --> 26:21.320]  to adjudicate your case.
[26:21.320 --> 26:26.560]  Now your mandamus is moot because the hearing officers are re-ruled.
[26:26.560 --> 26:31.080]  So this is harm that can't be undone.
[26:31.080 --> 26:38.240]  So whatever the hearing officer ruled against you, you asked for that from the judge in
[26:38.240 --> 26:39.240]  triplicate.
[26:39.240 --> 26:40.240]  Right.
[26:40.240 --> 26:47.400]  So do I refile the writ of mandamus?
[26:47.400 --> 26:48.400]  No it's moot.
[26:48.400 --> 26:49.400]  Okay.
[26:49.400 --> 26:55.360]  And that's your claim, you denied me my writ of mandamus.
[26:55.360 --> 27:00.760]  Now I can't file one anymore because the court's already ruled.
[27:00.760 --> 27:04.920]  So that door is already closed.
[27:04.920 --> 27:10.140]  You can't go back, the judge can't go back through it and fix it.
[27:10.140 --> 27:15.280]  So that gives you a direct claim against the judge.
[27:15.280 --> 27:18.960]  That ought to jerk a nut in their shorts.
[27:18.960 --> 27:28.800]  So how do I prepare a document to charge this judge with, I call it obstruction of justice,
[27:28.800 --> 27:29.800]  but...
[27:29.800 --> 27:35.280]  This is official oppression.
[27:35.280 --> 27:36.280]  Okay.
[27:36.280 --> 27:37.280]  All right.
[27:37.280 --> 27:41.840]  Where the judge exerted or purported to exert an authority he did not expressly have and
[27:41.840 --> 27:46.920]  in the process denied you the full free access to or enjoyment of right.
[27:46.920 --> 27:51.080]  That on its face is outside scope.
[27:51.080 --> 28:01.920]  Now he had a duty to disqualify, to recuse himself because he was conflicted or at the
[28:01.920 --> 28:09.360]  very least give you notice that he was conflicted and he failed to do either one.
[28:09.360 --> 28:14.960]  So he acted knowingly and improperly and makes him liable.
[28:14.960 --> 28:21.760]  So just file suit against him for due process.
[28:21.760 --> 28:28.760]  This is a new territory because earlier you mentioned a tort and it sounds like this is
[28:28.760 --> 28:29.760]  a process.
[28:29.760 --> 28:30.760]  Okay.
[28:30.760 --> 28:31.760]  This is, okay.
[28:31.760 --> 28:32.760]  It is a lawsuit.
[28:32.760 --> 28:39.360]  The best way to do this is plagiarize.
[28:39.360 --> 28:48.760]  Talk up other lawsuits against judges and those lawsuits against judges, do you have
[28:48.760 --> 28:51.800]  access to PACER?
[28:51.800 --> 28:52.800]  I do.
[28:52.800 --> 28:53.800]  Good.
[28:53.800 --> 29:04.120]  Then go on the internet and do a search for lawsuits against judges and then once you
[29:04.120 --> 29:08.600]  find some, go on PACER and pull their pleadings.
[29:08.600 --> 29:13.320]  Their pleadings will be filled with the case law you need.
[29:13.320 --> 29:21.020]  And you look at their suit, that'll tell you how to write it.
[29:21.020 --> 29:33.320]  If you are writing anything other than transitions and connections, you hadn't done enough homework.
[29:33.320 --> 29:38.520]  I'm cranking out a pleading today and I'm cutting and pasting from other guys' lawsuits.
[29:38.520 --> 29:42.880]  I'm not writing this stuff myself.
[29:42.880 --> 29:43.880]  Hang on.
[29:43.880 --> 29:44.880]  About to go to break.
[29:44.880 --> 29:48.920]  Randy Kelton, Rule of Law Radio, I call in number 512-646-1984.
[29:48.920 --> 29:53.760]  Rob, Larry, David, I see you there.
[29:53.760 --> 29:56.920]  We'll start moving this a little more quickly so I make sure I get to everybody.
[29:56.920 --> 29:57.920]  We'll be right back.
[29:57.920 --> 30:05.120]  Will the house plant take care of you in your golden years?
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[32:12.400 --> 32:15.880]  Among those rights are the right to travel freely from place to place, the right to act
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[33:21.080 --> 33:28.400]  We are back, Randy Kelton, Rule of Law Radio, and it's a little too much to explain how
[33:28.400 --> 33:33.200]  to write a lawsuit against the judge on the air.
[33:33.200 --> 33:40.360]  If you will send me an email, maybe we can talk about it off the air.
[33:40.360 --> 33:41.360]  Okay.
[33:41.360 --> 33:50.560]  Well, I'll go ahead and move on, but yeah, maybe this is exactly what they wanted to
[33:50.560 --> 33:58.320]  do this to prevent me from being able to have this writamundamus heard by the third court
[33:58.320 --> 34:04.760]  of appeal because now I'm in a situation where I've got to go after a judge.
[34:04.760 --> 34:12.480]  Quite frankly, I actually called to file criminal charges against the judge and they're looking
[34:12.480 --> 34:16.560]  at me like, are you crazy?
[34:16.560 --> 34:24.160]  Well, I suggest, okay, what county are you in?
[34:24.160 --> 34:25.160]  Travis.
[34:25.160 --> 34:28.640]  Oh, good.
[34:28.640 --> 34:36.640]  You might go down to, you make up a set of complaints, make a complaint against the judge,
[34:36.640 --> 34:45.800]  make 12 copies, have them all notarized, put them each in a separate envelope, put foreman
[34:45.800 --> 34:53.200]  on the first one and grand juror one through 11 on the others.
[34:53.200 --> 34:58.600]  And when you walk into the courthouse, to the new courthouse, when you get through the
[34:58.600 --> 35:05.120]  metal detector, if you look to your right, there'll be an information desk there.
[35:05.120 --> 35:09.760]  And on the backside, you can walk on both sides of this information desk.
[35:09.760 --> 35:15.040]  If you go to the right side of the information desk, when you get next to the desk, you'll
[35:15.040 --> 35:21.960]  be right next to the district attorney's office, but right in front of you is a door and that
[35:21.960 --> 35:24.360]  door is the grand jury.
[35:24.360 --> 35:30.080]  So you go through that door and there'll be a bailiff sitting there.
[35:30.080 --> 35:34.340]  And you tell the bailiff, my name is Rodney.
[35:34.340 --> 35:40.680]  I have business, instruct the foreman that I have business with the grand jury.
[35:40.680 --> 35:46.640]  And the bailiff will almost always say, may I tell the foreman the nature of the business?
[35:46.640 --> 35:53.440]  Yes, you may give him this and hand him these documents.
[35:53.440 --> 35:57.120]  And that'll start things rolling.
[35:57.120 --> 36:04.800]  And what they're going to do is you're going to hear nothing back.
[36:04.800 --> 36:08.640]  And from there, I'll instruct you, there are a number of steps to take.
[36:08.640 --> 36:11.280]  You give it to the bailiff.
[36:11.280 --> 36:17.080]  And if the bailiff says he can't take it, what I did was dial 911.
[36:17.080 --> 36:23.880]  If the prosecuting attorney shows up, tell the prosecuting attorney to get lost, not
[36:23.880 --> 36:24.880]  your business.
[36:24.880 --> 36:27.800]  This is my business between me and the grand jury.
[36:27.800 --> 36:35.960]  I'm here to give, you're there to give notice to the grand jury under 20.09 Texas Code of
[36:35.960 --> 36:38.960]  Criminal Procedure.
[36:38.960 --> 36:46.000]  And if the prosecutor says, well, you can't give that to the grand jury, you say, oh,
[36:46.000 --> 36:48.960]  okay, and go away.
[36:48.960 --> 36:52.560]  And then you come back with a set of complaints against the prosecutor.
[36:52.560 --> 36:58.080]  Make sure you get the prosecutor's name for obstruction of justice.
[36:58.080 --> 37:05.720]  And you bring that to the bailiff for the grand jury.
[37:05.720 --> 37:07.760]  He's going to call the prosecutor again.
[37:07.760 --> 37:12.480]  And when the prosecutor comes, you're going to tell the prosecutor exactly what I told
[37:12.480 --> 37:14.240]  Claire Dawson Brown.
[37:14.240 --> 37:18.280]  Claire, you can't be here.
[37:18.280 --> 37:24.920]  And she brought a security guard with her, female.
[37:24.920 --> 37:26.800]  I said, Claire, you can't be here.
[37:26.800 --> 37:30.960]  And the security guard stepped forward and said, is there a problem?
[37:30.960 --> 37:34.320]  I said, yes, ma'am, there is a problem.
[37:34.320 --> 37:38.600]  I'm here with criminal complaints against Claire Dawson Brown.
[37:38.600 --> 37:42.320]  I'm here to give those to the grand jury.
[37:42.320 --> 37:46.600]  Now I see you standing there with a pistol on your hip.
[37:46.600 --> 37:51.920]  Are you fixing to interfere with my access to the grand jury?
[37:51.920 --> 37:57.600]  She held up both hands with her palms out, took a step back and no, Mr. Kelkin, I am
[37:57.600 --> 38:00.320]  not here to interfere.
[38:00.320 --> 38:03.280]  I gave that to the grand jury.
[38:03.280 --> 38:09.080]  And when I was doing this as a learning process, I never heard anything about it.
[38:09.080 --> 38:19.840]  So you wait, generally you have three grand juries in Travis County and they alternate
[38:19.840 --> 38:20.840]  every other day.
[38:20.840 --> 38:28.300]  You've got two grand juries meet twice in one week, one meets one time and they alternate.
[38:28.300 --> 38:30.800]  So all of them meet every week.
[38:30.800 --> 38:37.040]  So you wait two weeks and then you go to the district clerk and ask to see the minutes
[38:37.040 --> 38:48.560]  of the grand jury as referenced by 20.01, I'm sorry, 2021 Texas Code of Criminal Procedure.
[38:48.560 --> 38:53.120]  And they know exactly what that is.
[38:53.120 --> 38:58.280]  What they may do is try to give you some song and dance and seltzer down your pants because
[38:58.280 --> 39:02.520]  they did that to my candle.
[39:02.520 --> 39:08.160]  But when I went back down there with him, my candle didn't quote 20.21.
[39:08.160 --> 39:15.760]  When you tell him you want to see the minutes of the grand jury as referenced by 20.21.
[39:15.760 --> 39:28.600]  What 20.21 says is that after the grand jury has voted, the grand jury will come before
[39:28.600 --> 39:37.680]  the court or the clerk with a quorum of the grand jury present and give notice to the
[39:37.680 --> 39:46.880]  court of the fact of the indictment and the clerk shall make notes in the minutes of the
[39:46.880 --> 39:49.760]  court.
[39:49.760 --> 39:56.560]  Those are the minutes I'm talking about because all of the time I go ask for these and they
[39:56.560 --> 39:59.040]  say, well, I don't know what you're talking about.
[39:59.040 --> 40:05.080]  Well, go read 20.21 and if you still don't understand, go down to the legislature and
[40:05.080 --> 40:06.080]  ask them.
[40:06.080 --> 40:07.080]  They're the ones that wrote it.
[40:07.080 --> 40:16.320]  I didn't and that jury gets it and what you will find in there is no reference to your
[40:16.320 --> 40:24.360]  case and then when you question the fact that there is no reference, then they'll say, well,
[40:24.360 --> 40:32.800]  the grand jury must have passed on it, passed on it.
[40:32.800 --> 40:35.780]  What does that mean?
[40:35.780 --> 40:41.520]  What they've done in Travis County is they're telling the grand jury that the grand jury
[40:41.520 --> 40:45.480]  doesn't have to hear a case it can pass.
[40:45.480 --> 40:57.280]  Well, 20.09 says the grand jury shall investigate into all crimes subject to indictment that
[40:57.280 --> 41:03.560]  come to their knowledge by way of any grand jury member, the prosecuting attorney or any
[41:03.560 --> 41:14.920]  credible person doesn't say anything about pass, you either vote to true bill or no bill.
[41:14.920 --> 41:18.600]  So what this will do is create a lot of politics.
[41:18.600 --> 41:24.320]  Well, Randy, let me tell you, I've already ruffled some feathers because the minute I
[41:24.320 --> 41:30.480]  mentioned that I sensed that there was some type of obstruction, they asked me, well,
[41:30.480 --> 41:33.720]  why would you want to file charges against the judge?
[41:33.720 --> 41:41.160]  And I said, well, it looks like there's obstruction of justice and official misconduct.
[41:41.160 --> 41:47.520]  They called the deputy sheriff and told me to get out of there.
[41:47.520 --> 41:50.160]  Whoa, hold on.
[41:50.160 --> 41:54.200]  Who is the deputy sheriff?
[41:54.200 --> 41:59.680]  I have his name, he was Latino, his family fellow.
[41:59.680 --> 42:12.240]  Okay, pull out your penal code and read Texas Penal Code 2202.
[42:12.240 --> 42:16.040]  This is what it says.
[42:16.040 --> 42:29.580]  If a person commits simple assault, as defined in 2201, offensive speech, offensive touch
[42:29.580 --> 42:35.960]  and the person is prominently displaying a deadly weapon.
[42:35.960 --> 42:38.520]  That's a felony of the second degree.
[42:38.520 --> 42:56.520]  22, that's 2202 B. I'm sorry, that's 2202 B2, B2A says, if the person is a public official
[42:56.520 --> 43:05.600]  acting under the color or pretense of an official capacity, it's a felony of the first degree.
[43:05.600 --> 43:15.400]  So you gave them notice that you had reason to believe that a crime had been committed
[43:15.400 --> 43:17.640]  by a judge.
[43:17.640 --> 43:28.520]  So in order to prevent you from pursuing prosecution, they called someone with a gun and had you
[43:28.520 --> 43:31.400]  removed from a public building.
[43:31.400 --> 43:39.280]  And as a matter of fact, the deputy sheriff says, the lady asked you to leave the office
[43:39.280 --> 43:43.040]  and that's why I'm here, to make you leave the office.
[43:43.040 --> 43:45.480]  You have the name of the lady?
[43:45.480 --> 43:46.480]  I do.
[43:46.480 --> 43:51.920]  She gets first degree felony aggravated assault.
[43:51.920 --> 43:55.960]  And obstruction of justice and shielding from prosecution.
[43:55.960 --> 44:01.920]  Obstruction of justice 36.06, we'll be right back.
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[45:59.880 --> 46:29.680]  Okay, we are back, Randy Kelton, Rule of Law Radio and Rodney.
[46:29.680 --> 46:35.080]  This is my favorite topic, but I do need to move on.
[46:35.080 --> 46:40.800]  I'll go ahead and let you go because I can tell you that the tension was running high
[46:40.800 --> 46:49.960]  at all of this when this clerk called the deputy sheriff and I just went ahead on the
[46:49.960 --> 46:51.840]  left because I didn't want to get killed.
[46:51.840 --> 46:55.440]  I mean, the guy was standing there with his hand on his gun.
[46:55.440 --> 46:57.240]  His hand was on his gun?
[46:57.240 --> 46:58.240]  Oh, wonderful.
[46:58.240 --> 47:07.080]  And he's standing with his chest expanded, ready to, you know, to get a physical.
[47:07.080 --> 47:15.560]  What I always ask him is I say, I see you wearing a pistol, tell me, is that pistol
[47:15.560 --> 47:16.560]  loaded?
[47:16.560 --> 47:19.680]  And they'll always say, yes, it is.
[47:19.680 --> 47:24.560]  Are you fixing to pull that pistol on me?
[47:24.560 --> 47:29.480]  That establishes that your life's at risk.
[47:29.480 --> 47:30.480]  But yeah, you're right.
[47:30.480 --> 47:33.120]  Get out of there.
[47:33.120 --> 47:39.640]  Never give them legal advice and never interfere with somebody when you're screwing up.
[47:39.640 --> 47:44.040]  So what was the office you were in?
[47:44.040 --> 47:50.560]  It was the third floor where the district clerk's office is and actually it was the
[47:50.560 --> 47:55.560]  fourth floor where the court administrator's office is.
[47:55.560 --> 48:00.520]  And if you want me to tell you the name of the court administrator, I can tell you that
[48:00.520 --> 48:05.320]  person's name because she thought it was pretty funny that the cop was standing there with
[48:05.320 --> 48:12.240]  his chest expanded and basically telling me get out of there and had his hand on his gun.
[48:12.240 --> 48:13.240]  Yeah, tell her name.
[48:13.240 --> 48:14.240]  Sitting orders.
[48:14.240 --> 48:15.240]  Roberts, Lori Roberts.
[48:15.240 --> 48:16.240]  Lori Roberts.
[48:16.240 --> 48:28.040]  Travis County District Court, Court Administrator, and like I said, it's not very funny.
[48:28.040 --> 48:30.040]  So what judge?
[48:30.040 --> 48:32.040]  Oh, court administrator.
[48:32.040 --> 48:33.960]  She's a court administrator.
[48:33.960 --> 48:39.640]  She's the one that schedules the hearings and whatnot.
[48:39.640 --> 48:40.640]  Yeah.
[48:40.640 --> 48:41.640]  Yeah.
[48:41.640 --> 48:44.600]  But generally they'll be, each judge will have their own administrator.
[48:44.600 --> 48:49.160]  Okay, that's great.
[48:49.160 --> 48:53.920]  Now you charge her with first degree felony aggravated assault.
[48:53.920 --> 48:58.240]  I'm going to do it to the district clerk in Tarrant County.
[48:58.240 --> 49:01.640]  You guys want to push me around with a gun?
[49:01.640 --> 49:04.240]  We'll see how that works out for you.
[49:04.240 --> 49:09.800]  Okay, send me an email and we can talk about this offline.
[49:09.800 --> 49:11.200]  I really need to move on.
[49:11.200 --> 49:14.640]  I got three more callers and only got one hour left.
[49:14.640 --> 49:15.640]  All right.
[49:15.640 --> 49:16.640]  Thank you everyone for their patience.
[49:16.640 --> 49:21.560]  Sorry about the long drawn out of my business there.
[49:21.560 --> 49:26.120]  I didn't intend for it to work out this way, just the way these people are.
[49:26.120 --> 49:29.520]  They can't count on them to do things the right way.
[49:29.520 --> 49:32.840]  Yeah, we'll see if we can't help them do it the right way.
[49:32.840 --> 49:33.840]  Okay.
[49:33.840 --> 49:34.840]  Thank you, Rodney.
[49:34.840 --> 49:35.840]  Thank you.
[49:35.840 --> 49:37.640]  Now we're going to Rob in New Mexico.
[49:37.640 --> 49:38.640]  Hello, Rob.
[49:38.640 --> 49:39.640]  Hey, Randy.
[49:39.640 --> 49:46.640]  So what's up with your case?
[49:46.640 --> 49:47.640]  Well, okay.
[49:47.640 --> 49:49.160]  First of all, I got a little bit of good news.
[49:49.160 --> 49:57.680]  I had that parking ticket in California for non-emergency parking only and that got dismissed.
[49:57.680 --> 49:59.680]  Oh, wonderful.
[49:59.680 --> 50:00.680]  Yeah.
[50:00.680 --> 50:02.280]  So that was good.
[50:02.280 --> 50:08.800]  Now I'm going to see the judge, but anyway, that's a whole nother story.
[50:08.800 --> 50:09.800]  Okay.
[50:09.800 --> 50:18.800]  Now, in my case that I lost summary judgment against the second escrow servicer that the
[50:18.800 --> 50:26.640]  account was transferred to in default after I sent the rescission notice, after the summary
[50:26.640 --> 50:33.440]  judgment was branded and after attorney's fees were awarded to the defendant, they switched
[50:33.440 --> 50:35.880]  attorneys.
[50:35.880 --> 50:40.360]  Now New Mexico allows for an attorney to withdraw by notice.
[50:40.360 --> 50:42.520]  They don't have to do it by motion.
[50:42.520 --> 50:47.000]  They can withdraw by notice and a new attorney can appear by notice.
[50:47.000 --> 50:53.000]  But in this case, the new attorney is the one that presented the notice.
[50:53.000 --> 50:57.080]  The old attorney simply agreed to it.
[50:57.080 --> 51:00.440]  Different law firms and the new attorney is a debt collector.
[51:00.440 --> 51:04.600]  Does that sound legit to you?
[51:04.600 --> 51:09.480]  Okay, I don't have enough information.
[51:09.480 --> 51:17.680]  The new attorney may be a debt collector, but because the new attorney collects debts
[51:17.680 --> 51:25.240]  does not make him necessarily a debt collector in this case.
[51:25.240 --> 51:32.280]  But what other reason would you see the substitute attorney after judgment and after attorney's
[51:32.280 --> 51:35.920]  fees or attorney's fees have been awarded to the defendant?
[51:35.920 --> 51:39.880]  Well, have you barguieved that other attorney?
[51:39.880 --> 51:41.880]  Of course.
[51:41.880 --> 51:44.720]  Yeah, he wanted out of there.
[51:44.720 --> 51:51.880]  Okay, but he's still the attorney of record in my federal case for FDCCA.
[51:51.880 --> 51:56.480]  And good chance he wants out of that one too, but I don't know why they would have done
[51:56.480 --> 51:57.480]  that.
[51:57.480 --> 52:04.000]  I don't see that they brought in a lawyer who specializes in whatever comes next.
[52:04.000 --> 52:10.640]  Okay, well that brings me to my next question because what comes next is debt collection.
[52:10.640 --> 52:15.280]  Oh, the lawyer trying to collect his attorney fees?
[52:15.280 --> 52:16.280]  Yep.
[52:16.280 --> 52:19.080]  Good luck on that, Bubba.
[52:19.080 --> 52:26.040]  Yeah, he sent me discovery that he wants me to answer and he's threatening to put a lien
[52:26.040 --> 52:30.080]  on my property and garnish my wages.
[52:30.080 --> 52:34.880]  So we're going to have a lot of fun with that.
[52:34.880 --> 52:38.480]  So it's totally just a debt collector, right?
[52:38.480 --> 52:41.480]  Yeah, have you appealed the ruling?
[52:41.480 --> 52:48.040]  No, I missed my time to appeal because I was like, well, shoot, I'll just sue him in federal
[52:48.040 --> 52:49.040]  under FDCCA.
[52:49.040 --> 52:52.240]  That'll be easier anyway.
[52:52.240 --> 53:00.440]  I've subsequently discovered some new evidence and I put together a rule 60 motion.
[53:00.440 --> 53:04.600]  So now this debt collector is going to get to deal with this and he's now the attorney
[53:04.600 --> 53:05.600]  of record.
[53:05.600 --> 53:07.600]  And it's pretty good.
[53:07.600 --> 53:13.440]  Let me just read you the first two paragraphs of the conclusion.
[53:13.440 --> 53:18.520]  It appears from defendant's conduct that it believes itself to be above any and all regulation
[53:18.520 --> 53:23.880]  or accountability, even to the extent of attempting to deceive the courts about what documents
[53:23.880 --> 53:28.680]  it does or doesn't possess, what authority it possesses, and what types of business it
[53:28.680 --> 53:33.760]  is engaged in, depending on what it deems most pragmatic and expedient for avoiding
[53:33.760 --> 53:35.760]  account liability.
[53:35.760 --> 53:40.200]  Such conduct when perpetrated by an attorney constitutes fraud upon the court, resulting
[53:40.200 --> 53:43.800]  in void judgment under rule 60B4.
[53:43.800 --> 53:49.280]  The newly discovered evidence presented here under rule 60B2 and MRA shows defendants'
[53:49.280 --> 53:54.440]  misrepresentations to both plaintiff and the court that it held the original documents
[53:54.440 --> 54:00.320]  when it either never held them or disposed of them after litigation began, that it is
[54:00.320 --> 54:05.760]  not an escrow company and is exempt from the Escrow Company Act.
[54:05.760 --> 54:08.600]  Let me start that part over.
[54:08.600 --> 54:13.880]  That it is not an escrow company and is exempt from the Escrow Company Act absent any evidence
[54:13.880 --> 54:19.080]  on the record showing an exemption, while claiming in the federal court that it is an
[54:19.080 --> 54:24.760]  escrow company, and claiming indemnification as plaintiff's agent while disclaiming any
[54:24.760 --> 54:29.480]  duty to plaintiff that an agent would have to its principal when it knows that no such
[54:29.480 --> 54:34.800]  agency relationship was ever created are not only sufficient grounds to set aside judgment
[54:34.800 --> 54:40.000]  under rule 60B3 and MRA, but constitute conduct worthy of sanctions.
[54:40.000 --> 54:41.000]  Okay.
[54:41.000 --> 54:43.400]  Are you familiar with collateral estoppel?
[54:43.400 --> 54:46.400]  Yes, and that's in here.
[54:46.400 --> 54:47.400]  Oh, okay.
[54:47.400 --> 54:48.400]  Good, good.
[54:48.400 --> 54:54.600]  Because he can't go into one court and claim one position and go into another court and
[54:54.600 --> 54:56.400]  take an opposed position.
[54:56.400 --> 54:57.400]  Exactly.
[54:57.400 --> 55:02.880]  And they claimed in the state court that they are not an escrow company and therefore are
[55:02.880 --> 55:07.440]  exempt from the Escrow Company Act, then they turn around and claim in the federal court
[55:07.440 --> 55:12.640]  that they are an escrow company and are exempt from FTCPA liability.
[55:12.640 --> 55:18.280]  So either they're collaterally stopped from making that claim in the federal court or
[55:18.280 --> 55:21.640]  they committed aggravated perjury in the state court.
[55:21.640 --> 55:31.360]  But in either case, even if they are an escrow company, once they stated in court that they're
[55:31.360 --> 55:37.200]  not, they can't go into another court and claim that they are, they're subject to collateral
[55:37.200 --> 55:38.200]  estoppel.
[55:38.200 --> 55:44.240]  Yeah, and I'm working on a motion for sanctions in the federal court because they have a motion
[55:44.240 --> 55:48.960]  for judgment on the pleadings that was supposed to be ruled on back in July and the court
[55:48.960 --> 55:49.960]  hasn't moved on it yet.
[55:49.960 --> 55:52.960]  I think the reason the court hasn't moved on it yet is because they know I'm going to
[55:52.960 --> 55:55.960]  appeal it and they're going to lose.
[55:55.960 --> 55:59.440]  Yeah, that's probably the case.
[55:59.440 --> 56:04.920]  But they also claimed in discovery and in open court at the hearing that they did have
[56:04.920 --> 56:10.560]  the original escrow documents and that I could see them and then I found out afterwards that
[56:10.560 --> 56:13.560]  they didn't.
[56:13.560 --> 56:15.600]  Interesting.
[56:15.600 --> 56:19.640]  Have you filed for sanctions over that one?
[56:19.640 --> 56:22.560]  That's going to be combined with this motion.
[56:22.560 --> 56:28.720]  That should get aggravated perjury.
[56:28.720 --> 56:35.160]  But I'm also going for intentional spoliation, which is sanctionable, and if I can't get
[56:35.160 --> 56:41.480]  intentional spoliation, I can get adverse inference, claiming that they couldn't produce
[56:41.480 --> 56:46.120]  the documents because they never had them, which gives me rescission and I've got case
[56:46.120 --> 56:47.480]  law on that.
[56:47.480 --> 56:52.600]  So it's going pretty good and everything just kind of started to turn around when I won
[56:52.600 --> 56:58.440]  my case in California, thanks to Eddie, because I was getting pretty down about all of this.
[56:58.440 --> 57:02.080]  It's nice to get a win on occasion.
[57:02.080 --> 57:04.120]  Yes, it is.
[57:04.120 --> 57:07.920]  It really, really helps to boost the morale.
[57:07.920 --> 57:16.200]  And going through some agency cases, got a copy of the restatement of agency and put
[57:16.200 --> 57:21.200]  the New Mexico cases on that and they have no claim.
[57:21.200 --> 57:28.600]  I mean, sure, the former escrow company can resign and say, okay, you guys are the new
[57:28.600 --> 57:31.960]  escrow agent, but that doesn't create an agency relationship.
[57:31.960 --> 57:36.160]  So they have no indemnification, especially since they took it in default and after I
[57:36.160 --> 57:38.360]  sent the rescission notice.
[57:38.360 --> 57:40.880]  So looks good.
[57:40.880 --> 57:42.880]  Okay, wonderful.
[57:42.880 --> 57:45.040]  Keep us up to date.
[57:45.040 --> 57:46.040]  I will.
[57:46.040 --> 57:47.040]  Okay.
[57:47.040 --> 57:49.040]  Thank you, Rob.
[57:49.040 --> 57:52.400]  Okay, now we're going to go to Larry in Arizona.
[57:52.400 --> 57:53.400]  Hello, Larry.
[57:53.400 --> 57:54.400]  Good evening, Randy.
[57:54.400 --> 57:55.400]  What do you have for us today?
[57:55.400 --> 57:56.400]  A few questions.
[57:56.400 --> 57:57.400]  You've been talking about filing some of these federal lawsuits and you were talking about
[57:57.400 --> 58:06.400]  using 28 USC 2201 as kind of a pawn move in the case.
[58:06.400 --> 58:07.400]  Yes.
[58:07.400 --> 58:08.400]  We have one of those.
[58:08.400 --> 58:32.120]  In place right now that it actually seemed like the, the defendant's lawyer had no idea
[58:32.120 --> 58:34.520]  what we were filing.
[58:34.520 --> 58:35.520]  Hang on.
[58:35.520 --> 58:36.520]  About to go to break.
[58:36.520 --> 58:37.520]  Randy Kelton.
[58:37.520 --> 58:38.520]  We have a radio.
[58:38.520 --> 58:39.520]  I call it number 512-646-1984.
[58:39.520 --> 58:40.520]  We'll be right back.
[58:40.520 --> 58:54.480]  Would you like to make more definite progress in your walk with God?
[58:54.480 --> 58:59.680]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.680 --> 59:01.000]  can really help.
[59:01.000 --> 59:05.440]  The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.440 --> 59:06.440]  today.
[59:06.440 --> 59:10.360]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.360 --> 59:13.480]  to know God and to know the meaning of life.
[59:13.480 --> 59:18.720]  The free books are a three volume set called Basic Elements of the Christian Life.
[59:18.720 --> 59:23.000]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:23.000 --> 59:27.920]  of salvation, growing in Christ and how to build up the church.
[59:27.920 --> 59:32.940]  To order your free New Testament recovery version and Basic Elements of the Christian
[59:32.940 --> 59:40.680]  Life, call Bibles for America toll free at 888-551-0102.
[59:40.680 --> 59:48.320]  That's 888-551-0102 or visit us online at bfa.org.
[59:48.320 --> 01:00:00.680]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.680 --> 01:00:05.800]  The following newsflash is brought to you by the Lone Star Lowdown, providing the jelly
[01:00:05.800 --> 01:00:13.280]  bulletins for the commodities market, today in history, news updates and the inside scoop
[01:00:13.280 --> 01:00:21.360]  into the tides of the alternative.
[01:00:21.360 --> 01:00:27.280]  Markets for Wednesday, the 5th of October, 2016 are currently trending with gold at $1,266.60
[01:00:27.280 --> 01:00:34.080]  an ounce, silver $17.72 an ounce, Texas crude $48.69 a barrel, and Bitcoin is currently
[01:00:34.080 --> 01:00:43.320]  sitting at about $613 U.S. currency.
[01:00:43.320 --> 01:00:48.360]  Today in history, the year 1947, the first televised White House presidential address
[01:00:48.360 --> 01:00:56.360]  is given by then U.S. President Harry S. Truman, today in history.
[01:00:56.360 --> 01:01:00.640]  In recent news, the Paris Climate Agreement is set to take effect next month, adopted
[01:01:00.640 --> 01:01:07.400]  by consensus on December 12, 2015, at the 21st Conference of the Parties of the UNFCCC
[01:01:07.400 --> 01:01:11.960]  or United Nations Framework Convention on Climate Change in Paris, and open for signatures
[01:01:11.960 --> 01:01:17.160]  on the 22nd of April, 2016, Earth Day, and a ceremony in New York City.
[01:01:17.160 --> 01:01:19.040]  It is set to take effect on November 4.
[01:01:19.040 --> 01:01:23.000]  It is essentially a global agreement for the redirecting of the world economy away from
[01:01:23.000 --> 01:01:26.680]  fossil fuels towards more greenhouse-friendly forms of energy.
[01:01:26.680 --> 01:01:31.080]  President Obama, speaking from the Rose Garden, talking about the agreement, said that, quote,
[01:01:31.080 --> 01:01:35.760]  this gives us the best possible shot to save the one planet we've got, and that one of
[01:01:35.760 --> 01:01:39.880]  the reasons I took this office was to make America the leader in this mission.
[01:01:39.880 --> 01:01:44.400]  The agreement already has support from major greenhouse gas emitters like China, the United
[01:01:44.400 --> 01:01:49.360]  States, and India, and in total, 72 out of 195 countries have ratified the agreement,
[01:01:49.360 --> 01:01:50.600]  according to the UN.
[01:01:50.600 --> 01:01:54.540]  Republican presidential candidate Donald Trump opposes the agreement since it lacks the approval
[01:01:54.540 --> 01:02:04.240]  of the U.S. Congress, while Democratic nominee Hillary Clinton is a strong supporter.
[01:02:04.240 --> 01:02:08.120]  More than 50 correctional officers and inmates inside Maryland's largest state prison were
[01:02:08.120 --> 01:02:12.040]  charged by prosecutors Wednesday, today, with bribery and drug conspiracy.
[01:02:12.040 --> 01:02:16.280]  The guards are accused of smuggling cell phones, tobacco, and drugs into the Eastern Shore
[01:02:16.280 --> 01:02:21.720]  facility in exchange for money and sex, according to indictments unsealed in a federal investigation.
[01:02:21.720 --> 01:02:25.800]  Apparently, prison guards were passing through security with undetected heroin, cocaine,
[01:02:25.800 --> 01:02:29.840]  and pornographic videos, which were then handed off to inmates in exchange for hundreds of
[01:02:29.840 --> 01:02:30.840]  dollars.
[01:02:30.840 --> 01:02:34.440]  They were also being accused of warning inmates when prison officials were preparing to search
[01:02:34.440 --> 01:02:39.720]  cells and of using force and intimidation to silence inmates who were reporting the smuggling.
[01:02:39.720 --> 01:02:43.220]  According to court records, inmates were using the prison phones and their contraband cell
[01:02:43.220 --> 01:02:46.200]  phones to pay off correctional officers through PayPal.
[01:02:46.200 --> 01:02:51.080]  They were hustling $500 for each package on average and as much as $3,000 a week, according
[01:02:51.080 --> 01:02:52.080]  to investigators.
[01:02:52.080 --> 01:03:21.560]  This is Brooke Rode with your Lowdown for October 5th, 2016.
[01:03:23.080 --> 01:03:25.080]  Okay, we are back.
[01:03:25.080 --> 01:03:30.080]  Randy Kelkin, Rue La Radio, and we're talking to Larry in Arizona.
[01:03:30.080 --> 01:03:33.080]  Okay, Larry, where were we?
[01:03:33.080 --> 01:03:41.080]  Yeah, Randy, so how do you incorporate this USC 2201 into your case?
[01:03:41.080 --> 01:03:45.080]  Oh, okay.
[01:03:45.080 --> 01:03:48.080]  Depends on what the issue is.
[01:03:48.080 --> 01:03:58.080]  In our case, we had a trustees deed that was filed by a substitute trustee and we had an
[01:03:58.080 --> 01:04:11.080]  assignment of substitute trustee by a lender or an alleged lender who was never assigned
[01:04:11.080 --> 01:04:13.080]  the deed of trust.
[01:04:13.080 --> 01:04:16.080]  He just appeared.
[01:04:16.080 --> 01:04:26.080]  So we maintained that the assignment was invalid because it failed to meet the statutory requirements
[01:04:26.080 --> 01:04:29.080]  of Texas state law.
[01:04:29.080 --> 01:04:37.080]  So I'm sorry, we claimed that the deed of trust was invalid because the trustee lacked
[01:04:37.080 --> 01:04:46.080]  the legal capacity to file the document with the state as there was nothing, no valid document
[01:04:46.080 --> 01:04:57.080]  in the record giving the trustee authority to file anything affecting title.
[01:04:57.080 --> 01:05:04.080]  So we're asking the court to rule on the rights of the parties.
[01:05:04.080 --> 01:05:12.080]  We're asking the court to rule that the deed of trust is invalid as it was not filed in
[01:05:12.080 --> 01:05:16.080]  accordance with the strict standards of state law.
[01:05:16.080 --> 01:05:22.080]  So you want the court to rule on a point of law.
[01:05:22.080 --> 01:05:30.080]  A declaratory judgment does not ask for any damages.
[01:05:30.080 --> 01:05:35.080]  Whenever you file a suit, especially if they remove it to the feds or if you file it in
[01:05:35.080 --> 01:05:43.080]  the feds, first thing out of the lawyer's mouth, rule 12b6 motion to dismiss for failure
[01:05:43.080 --> 01:05:46.080]  of state of claim and which recovery can be had.
[01:05:46.080 --> 01:05:52.080]  Judge McBride in Fort Worth dismissed my case for failure to state of claim and which recovery
[01:05:52.080 --> 01:05:56.080]  can be had with prejudice.
[01:05:56.080 --> 01:05:59.080]  And I said, you're right.
[01:05:59.080 --> 01:06:03.080]  I did not make a claim on which recovery can be had.
[01:06:03.080 --> 01:06:06.080]  I filed a declaratory judgment suit.
[01:06:06.080 --> 01:06:11.080]  I didn't ask for recovery.
[01:06:11.080 --> 01:06:16.080]  Sometimes I think these guys don't even know what it is.
[01:06:16.080 --> 01:06:24.080]  But anyway, take a point of law in the suit itself.
[01:06:24.080 --> 01:06:37.080]  And this is the point of the declaratory judgment act, is if there is a issue that is ruled
[01:06:37.080 --> 01:06:41.080]  in your favor, then the whole case falls apart.
[01:06:41.080 --> 01:06:44.080]  Then you don't have to have the whole case.
[01:06:44.080 --> 01:06:52.080]  You just get a ruling on this one point and then the rest of it becomes moot.
[01:06:52.080 --> 01:06:55.080]  So that's why you would file it.
[01:06:55.080 --> 01:06:58.080]  And so look at your case.
[01:06:58.080 --> 01:07:04.080]  Look at an issue that would undermine the other side's entire position and ask for a
[01:07:04.080 --> 01:07:08.080]  ruling on that specific issue.
[01:07:08.080 --> 01:07:09.080]  Okay.
[01:07:09.080 --> 01:07:13.080]  This is a false imprisonment case.
[01:07:13.080 --> 01:07:16.080]  Okay.
[01:07:16.080 --> 01:07:22.080]  Was it based on an arrest of what was the details, arrest without taking to a magistrate
[01:07:22.080 --> 01:07:24.080]  or what were the details?
[01:07:24.080 --> 01:07:25.080]  Yes.
[01:07:25.080 --> 01:07:33.080]  I was pulled over for no registration and I didn't supply a driver's license.
[01:07:33.080 --> 01:07:35.080]  So they threw me in jail.
[01:07:35.080 --> 01:07:36.080]  Okay.
[01:07:36.080 --> 01:07:39.080]  Didn't take me to the magistrate.
[01:07:39.080 --> 01:07:40.080]  Okay.
[01:07:40.080 --> 01:07:45.080]  What is your specific claim?
[01:07:45.080 --> 01:07:48.080]  Well, that's what I'm trying to figure out what I'm trying to do.
[01:07:48.080 --> 01:07:49.080]  I mean, it's...
[01:07:49.080 --> 01:07:50.080]  Okay.
[01:07:50.080 --> 01:07:51.080]  Okay.
[01:07:51.080 --> 01:07:53.080]  I ask that question because...
[01:07:53.080 --> 01:07:54.080]  Claim, right?
[01:07:54.080 --> 01:07:55.080]  Okay.
[01:07:55.080 --> 01:08:00.080]  I ask that question because there are a number of claims that you can make.
[01:08:00.080 --> 01:08:10.080]  And the first one I would go to is look at the complaint, the driving without an invalid
[01:08:10.080 --> 01:08:12.080]  driver's license.
[01:08:12.080 --> 01:08:13.080]  Okay.
[01:08:13.080 --> 01:08:16.080]  Does the complaint...
[01:08:16.080 --> 01:08:17.080]  Okay.
[01:08:17.080 --> 01:08:19.080]  You're in Arizona.
[01:08:19.080 --> 01:08:20.080]  Yes.
[01:08:20.080 --> 01:08:31.080]  Does Arizona law specifically state that the transportation code is for the regulation
[01:08:31.080 --> 01:08:36.080]  of commercial traffic?
[01:08:36.080 --> 01:08:39.080]  Most states do and I suspect Arizona does.
[01:08:39.080 --> 01:08:47.080]  I mean, I don't think it doesn't do it nearly as clearly as Texas does.
[01:08:47.080 --> 01:08:51.080]  Is it enough that you can imply it?
[01:08:51.080 --> 01:08:53.080]  I think so.
[01:08:53.080 --> 01:08:54.080]  Okay.
[01:08:54.080 --> 01:09:04.080]  So you attack the charging instrument, claiming that the charging instrument failed to address
[01:09:04.080 --> 01:09:07.080]  all the elements of the alleged crime.
[01:09:07.080 --> 01:09:14.080]  Driving on a valid driver's license implies that there must be...
[01:09:14.080 --> 01:09:19.080]  That in order to do what you were doing, you were required to have a driver's license for
[01:09:19.080 --> 01:09:21.080]  that activity.
[01:09:21.080 --> 01:09:30.080]  In order to establish that you were participating in a privileged activity that was restricted
[01:09:30.080 --> 01:09:36.080]  to persons who had a license, they first had to show that you fell within the statutory
[01:09:36.080 --> 01:09:38.080]  scheme.
[01:09:38.080 --> 01:09:45.080]  And in order to bring you under the scope of the licensing requirement, you would have
[01:09:45.080 --> 01:09:48.080]  to be operating in commerce.
[01:09:48.080 --> 01:09:57.080]  And there's nothing in the charging instrument that addresses the element of commerce that
[01:09:57.080 --> 01:10:01.080]  would be necessary to bring you within the statutory scheme.
[01:10:01.080 --> 01:10:12.080]  And ask the court to rule that there's nothing in the record, in the complaint, addressing
[01:10:12.080 --> 01:10:16.080]  the element of operating in commerce.
[01:10:16.080 --> 01:10:21.080]  And ask the court to rule on that.
[01:10:21.080 --> 01:10:22.080]  Okay.
[01:10:22.080 --> 01:10:28.080]  And so if the court rules in your favor on that, then what's your next step to go back
[01:10:28.080 --> 01:10:31.080]  and try to get a recovery for damages?
[01:10:31.080 --> 01:10:32.080]  Then...
[01:10:32.080 --> 01:10:33.080]  Okay.
[01:10:33.080 --> 01:10:36.080]  They've already held a hearing and everything?
[01:10:36.080 --> 01:10:39.080]  Oh, yes.
[01:10:39.080 --> 01:10:44.080]  Then you go back and file a challenge to subject matter jurisdiction.
[01:10:44.080 --> 01:10:45.080]  Okay.
[01:10:45.080 --> 01:10:54.080]  And that was going to be my next question because I've had two cases go in for the last
[01:10:54.080 --> 01:10:55.080]  few months.
[01:10:55.080 --> 01:10:58.080]  I filed my appeals.
[01:10:58.080 --> 01:11:01.080]  Both appeals were just denied.
[01:11:01.080 --> 01:11:05.080]  And it was interesting because they were done by two different judges.
[01:11:05.080 --> 01:11:12.080]  And one of the appeals, denials, is very professional and very well written.
[01:11:12.080 --> 01:11:16.080]  He went through and explained why they denied it.
[01:11:16.080 --> 01:11:22.080]  The other one was horrible and she wasn't even on the right subject.
[01:11:22.080 --> 01:11:29.080]  But the judge who wrote the very professional one, he threw me a bone because he said,
[01:11:29.080 --> 01:11:38.080]  you didn't specify if the court lacked personal jurisdiction or subject matter jurisdiction.
[01:11:38.080 --> 01:11:45.080]  And I forget the term he used, but he hinted that I could appeal the case not on...
[01:11:45.080 --> 01:11:46.080]  No, no.
[01:11:46.080 --> 01:11:48.080]  That's not what he was hinting.
[01:11:48.080 --> 01:11:50.080]  He threw you a bone, all right.
[01:11:50.080 --> 01:11:57.080]  And this is, you know, if you talk to Harmon Taylor, Harmon Taylor, he's an ex-lawyer,
[01:11:57.080 --> 01:12:06.080]  and he presumes that every time a judge rules against him, that the ruling is teaching him.
[01:12:06.080 --> 01:12:10.080]  And if you look at rulings, for the most part, they do.
[01:12:10.080 --> 01:12:14.080]  By their rulings, they instruct lawyers.
[01:12:14.080 --> 01:12:21.080]  The judge tends to tell both lawyers what's right about their case and what's wrong with their case.
[01:12:21.080 --> 01:12:30.080]  So when we get a decent ruling like you got, the judge is literally instructing you.
[01:12:30.080 --> 01:12:41.080]  So subject matter or in personum, he's pointing at subject matter.
[01:12:41.080 --> 01:12:50.080]  Subject matter can be challenged no matter how remote in history.
[01:12:50.080 --> 01:13:00.080]  You can go back to the original court and file a challenge to subject matter jurisdiction.
[01:13:00.080 --> 01:13:03.080]  Will you go back to the original trial court to do that?
[01:13:03.080 --> 01:13:04.080]  Yep.
[01:13:04.080 --> 01:13:07.080]  Or do you go to another appeal court to do that?
[01:13:07.080 --> 01:13:14.080]  You can raise it in the appeal court.
[01:13:14.080 --> 01:13:20.080]  That's a little more technical for Arizona, and actually it's technical for here.
[01:13:20.080 --> 01:13:25.080]  It's iffy where you have to bring it.
[01:13:25.080 --> 01:13:29.080]  You can certainly bring it in the Court of Appeals.
[01:13:29.080 --> 01:13:35.080]  Okay, he kind of hinted that if I went to the Court of Appeals, that I didn't want to touch,
[01:13:35.080 --> 01:13:41.080]  don't go with the motor vehicle claim, just go strictly with the jurisdictional claim.
[01:13:41.080 --> 01:13:44.080]  He is right.
[01:13:44.080 --> 01:13:54.080]  That's always where I want to go first, and that's why in referencing the declaratory judgment,
[01:13:54.080 --> 01:14:08.080]  the issue of lack of the element of commercial enterprise goes to subject matter jurisdiction.
[01:14:08.080 --> 01:14:15.080]  First, they have to bring you within the statutory scheme,
[01:14:15.080 --> 01:14:23.080]  and that takes an allegation of facts supporting a claim that you were acting in commerce.
[01:14:23.080 --> 01:14:26.080]  Rob from New Mexico just called a few minutes ago.
[01:14:26.080 --> 01:14:35.080]  He's a professional truck driver, and he referenced a case that he just won in California,
[01:14:35.080 --> 01:14:44.080]  and he was parked in his rig, and they came up and cited him under his license.
[01:14:44.080 --> 01:14:51.080]  Now, he had a commercial license, and he operated with that commercial license,
[01:14:51.080 --> 01:14:57.080]  but at this point, he had unloaded his rig at one location
[01:14:57.080 --> 01:15:03.080]  and was on his way to another location to get a new load.
[01:15:03.080 --> 01:15:12.080]  In this period of time, while he had his commercial license, he wasn't using it.
[01:15:12.080 --> 01:15:18.080]  He wasn't being paid. He's deadheading.
[01:15:18.080 --> 01:15:23.080]  So while he's deadheading, he's not in commerce.
[01:15:23.080 --> 01:15:34.080]  They got him the only time they couldn't get him, and he knew to go there, and they just tossed his case.
[01:15:34.080 --> 01:15:40.080]  So the good thing about subject matter, that cannot be waived.
[01:15:40.080 --> 01:15:42.080]  It could be challenged at any time.
[01:15:42.080 --> 01:15:50.080]  You have this ruling by the judge, and when you bring that to the Court of Appeals,
[01:15:50.080 --> 01:15:55.080]  they're going to see what the judge told you to do,
[01:15:55.080 --> 01:16:02.080]  and if you do what they told you to do, good chance they will rule in your favor.
[01:16:02.080 --> 01:16:04.080]  Well, I said a good chance.
[01:16:04.080 --> 01:16:07.080]  The state makes a lot of money on traffic tickets.
[01:16:07.080 --> 01:16:12.080]  That was the jurisdiction that I need to bring forth in the appeal.
[01:16:12.080 --> 01:16:22.080]  You bring forth the fact that it's irrelevant whether you were in commerce or not in commerce
[01:16:22.080 --> 01:16:27.080]  as it goes to the sufficiency of the accusation.
[01:16:27.080 --> 01:16:37.080]  The accusation must allege that you were participating in an activity that fell within the statutory scheme.
[01:16:37.080 --> 01:16:42.080]  If it doesn't allege that, then the original complaint's insufficient on its face.
[01:16:42.080 --> 01:16:44.080]  Hang on. About to go to break.
[01:16:44.080 --> 01:16:47.080]  Randy Kelton, Wheel of Law Radio.
[01:16:47.080 --> 01:16:51.080]  I call it number 512-646-1984.
[01:16:51.080 --> 01:17:00.080]  We'll be right back.
[01:17:21.080 --> 01:17:31.080]  We'll be right back.
[01:17:51.080 --> 01:18:01.080]  We'll be right back.
[01:18:21.080 --> 01:18:31.080]  We'll be right back.
[01:18:51.080 --> 01:18:55.080]  We're open Monday through Friday 10 to 6, Saturdays 10 to 2.
[01:18:55.080 --> 01:19:01.080]  Visit us at capitalcoin and bullion.com or call 512-646-6440.
[01:19:01.080 --> 01:19:13.080]  This is the Logos Radio Network.
[01:19:13.080 --> 01:19:36.080]  Come on, come on.
[01:19:36.080 --> 01:19:38.080]  Okay, we are back.
[01:19:38.080 --> 01:19:43.080]  Randy Kelton, Wheel of Law Radio, and we're talking to Larry in Arizona.
[01:19:43.080 --> 01:19:46.080]  Okay.
[01:19:46.080 --> 01:19:49.080]  Subject matter jurisdiction, you got a great case.
[01:19:49.080 --> 01:19:51.080]  It doesn't matter.
[01:19:51.080 --> 01:19:59.080]  In both cases, I asked the officers when they were on the witness stand,
[01:19:59.080 --> 01:20:03.080]  do you have any proof I was engaged in transportation?
[01:20:03.080 --> 01:20:07.080]  And in both cases, they answered no.
[01:20:07.080 --> 01:20:10.080]  Okay.
[01:20:10.080 --> 01:20:14.080]  Shouldn't that be a good point as far as subject matter jurisdiction?
[01:20:14.080 --> 01:20:20.080]  Okay, so now you can establish that there was no evidence,
[01:20:20.080 --> 01:20:25.080]  that the officer was not in possession of evidence that you were in commerce.
[01:20:25.080 --> 01:20:32.080]  Now all you have to do is look at the law and establish the law
[01:20:32.080 --> 01:20:39.080]  that says that the licensing activity, the license,
[01:20:39.080 --> 01:20:46.080]  license the activity of operating in commerce.
[01:20:46.080 --> 01:20:52.080]  Once you have that, now you have a stipulation by both officers
[01:20:52.080 --> 01:20:54.080]  that you were not operating in commerce.
[01:20:54.080 --> 01:21:00.080]  You just have to show that the license only applies to commerce.
[01:21:00.080 --> 01:21:03.080]  Okay.
[01:21:03.080 --> 01:21:05.080]  That should be pretty clear in the code.
[01:21:05.080 --> 01:21:08.080]  Sometimes you have to read it two or three times
[01:21:08.080 --> 01:21:12.080]  to get all of the pieces to start fitting together.
[01:21:12.080 --> 01:21:17.080]  But so far, every state has adopted the commercial code.
[01:21:17.080 --> 01:21:20.080]  And it goes to licensing.
[01:21:20.080 --> 01:21:25.080]  You might, if you get another ticket, go in and ask the officer,
[01:21:25.080 --> 01:21:30.080]  if you saw me riding down the street on a horse,
[01:21:30.080 --> 01:21:34.080]  would you ask me for my license?
[01:21:34.080 --> 01:21:41.080]  How about if I was traveling down the street on a Pogo stick?
[01:21:41.080 --> 01:21:46.080]  How about if I was driving a farm tractor?
[01:21:46.080 --> 01:21:49.080]  He's going to say no to all of those.
[01:21:49.080 --> 01:21:51.080]  Well, why not?
[01:21:51.080 --> 01:21:54.080]  Well, because you don't need one to do that.
[01:21:54.080 --> 01:21:58.080]  So when do I need one?
[01:21:58.080 --> 01:22:01.080]  According to the law.
[01:22:01.080 --> 01:22:04.080]  What does the law say about when I need one?
[01:22:04.080 --> 01:22:06.080]  No officer is going to be able to tell you.
[01:22:06.080 --> 01:22:12.080]  So when you ask him, what does the law say, and he can't answer,
[01:22:12.080 --> 01:22:17.080]  now you've established foundation where you can bring in the law.
[01:22:17.080 --> 01:22:20.080]  Then you say, are you familiar with this statute?
[01:22:20.080 --> 01:22:27.080]  No. Will you read it to the court and have him read the law into the court?
[01:22:27.080 --> 01:22:29.080]  But since you're in the Court of Appeals,
[01:22:29.080 --> 01:22:34.080]  you can just write it up and bring it to the court
[01:22:34.080 --> 01:22:39.080]  and show where the statute says it applies to commercial.
[01:22:39.080 --> 01:22:42.080]  There is no evidence of commerce.
[01:22:42.080 --> 01:22:46.080]  There's a stipulation that there's no evidence of commerce.
[01:22:46.080 --> 01:22:49.080]  You have a right to dismiss him.
[01:22:49.080 --> 01:22:54.080]  Well, great. I appreciate your time, and I'll let you get on to other callers.
[01:22:54.080 --> 01:22:55.080]  Okay. Thank you, Larry.
[01:22:55.080 --> 01:22:58.080]  Okay. Now we're going to David in South Dakota.
[01:22:58.080 --> 01:23:00.080]  Hello, David.
[01:23:00.080 --> 01:23:02.080]  Hello, Randy. This is David.
[01:23:02.080 --> 01:23:03.080]  Good to talk to you.
[01:23:03.080 --> 01:23:10.080]  Listen, I lost radio contact with rule of law at midnight last night,
[01:23:10.080 --> 01:23:12.080]  and I've tried all day to get back on.
[01:23:12.080 --> 01:23:16.080]  This is the only line I can get through on.
[01:23:16.080 --> 01:23:22.080]  I'll talk to Deborah and have her check things out.
[01:23:22.080 --> 01:23:24.080]  My producer should be listening,
[01:23:24.080 --> 01:23:31.080]  and he will probably check all the meters to make sure that we're actually sending out a signal.
[01:23:31.080 --> 01:23:33.080]  We just provide the signal.
[01:23:33.080 --> 01:23:38.080]  Once it leaves us, we're not the broadcaster.
[01:23:38.080 --> 01:23:40.080]  We just produce the stream.
[01:23:40.080 --> 01:23:48.080]  I understand, but nor can we get online on the Internet or on the – we broadcast feeds. None of that.
[01:23:48.080 --> 01:23:56.080]  Okay. Then there may be a server in between you and us that's not functioning properly.
[01:23:56.080 --> 01:24:01.080]  I had someone else call in and the same issue.
[01:24:01.080 --> 01:24:05.080]  So there may be – it may be us, but I'll make sure we check that.
[01:24:05.080 --> 01:24:10.080]  But it also could be that there's just problems in the Internet.
[01:24:10.080 --> 01:24:17.080]  Okay. Well, you emailed me a phone number a week or a month ago,
[01:24:17.080 --> 01:24:22.080]  and the lady at that number says she doesn't know who Mr. Shutt is.
[01:24:22.080 --> 01:24:25.080]  Okay. Then let me give it to you.
[01:24:25.080 --> 01:24:33.080]  It's 940-399-9922.
[01:24:33.080 --> 01:24:37.080]  399-9922?
[01:24:37.080 --> 01:24:38.080]  Yes.
[01:24:38.080 --> 01:24:40.080]  Okay.
[01:24:40.080 --> 01:24:47.080]  That's my cell phone number, and I've given it out in the air before, so it hasn't been a problem.
[01:24:47.080 --> 01:24:52.080]  I haven't had a – I have a few people call me, but not enough to be terribly burdensome.
[01:24:52.080 --> 01:24:58.080]  So – and for everybody listening, I really don't mind being called,
[01:24:58.080 --> 01:25:01.080]  especially when I get really good questions.
[01:25:01.080 --> 01:25:10.080]  So don't feel too bashful about calling me if you can't get me on the air and you have a question.
[01:25:10.080 --> 01:25:16.080]  If I can't get to your call, then I'll generally – I got a little thing on the phone I can swipe
[01:25:16.080 --> 01:25:19.080]  that says I'm on a call or in a meeting or something.
[01:25:19.080 --> 01:25:25.080]  And if you will – if you want to get in contact with me directly, just leave a text message.
[01:25:25.080 --> 01:25:32.080]  Text message is best, because then I can get the message, and then when I have time, I'll call you back.
[01:25:32.080 --> 01:25:40.080]  Okay. I left you an email asking for that e-book from last week and yesterday.
[01:25:40.080 --> 01:25:42.080]  Yes, I saw that.
[01:25:42.080 --> 01:25:45.080]  And then I will get that to you.
[01:25:45.080 --> 01:25:50.080]  I just added a whole bunch to it.
[01:25:50.080 --> 01:25:54.080]  I added the scariest stuff.
[01:25:54.080 --> 01:26:00.080]  I wasn't planning on putting this part in there.
[01:26:00.080 --> 01:26:07.080]  But in order to best understand how we're being manipulated with language,
[01:26:07.080 --> 01:26:11.080]  we need to understand these tools.
[01:26:11.080 --> 01:26:18.080]  I use these tools to do therapeutic metaphor, secret hypnosis.
[01:26:18.080 --> 01:26:20.080]  So I'll bring you in.
[01:26:20.080 --> 01:26:29.080]  But I want to learn your system 100% because I understand what you're talking about.
[01:26:29.080 --> 01:26:37.080]  I'm going to suggest, David, that you already know how to do all of these things.
[01:26:37.080 --> 01:26:48.080]  What you may not know is how to isolate what things you're doing that amount to this particular maneuver.
[01:26:48.080 --> 01:26:51.080]  It just hasn't been defined.
[01:26:51.080 --> 01:26:57.080]  Once you get it defined, then you recognize that there's nothing new here,
[01:26:57.080 --> 01:27:00.080]  that this is how people use language all the time.
[01:27:00.080 --> 01:27:04.080]  They just don't always understand exactly how it works.
[01:27:04.080 --> 01:27:10.080]  And that's why I decided to go ahead and demonstrate these techniques or talk about them,
[01:27:10.080 --> 01:27:19.080]  so that not so much that we can use the techniques, but that you can recognize when somebody else is using them.
[01:27:19.080 --> 01:27:25.080]  Now, you can't use these techniques to get anybody to do anything they wouldn't do.
[01:27:25.080 --> 01:27:33.080]  These are just tools for helping people learn and help them understand what you're doing and talking about.
[01:27:33.080 --> 01:27:40.080]  People will use them to mislead you and misguide you, but they've always done that all through history.
[01:27:40.080 --> 01:27:49.080]  It will help that once we begin to recognize them, we can participate in more effective communications.
[01:27:49.080 --> 01:27:55.080]  So whoever wants this section on flow, I'll send it to them.
[01:27:55.080 --> 01:27:59.080]  And David, give me good feedback.
[01:27:59.080 --> 01:28:09.080]  Once you read what I have to say about flow, it's about if I say something and it creates a question.
[01:28:09.080 --> 01:28:13.080]  And I didn't do that on purpose. I've screwed up.
[01:28:13.080 --> 01:28:23.080]  If I cause you to drop out of the content and notice the structure of my writing,
[01:28:23.080 --> 01:28:28.080]  like he misspelled a word or this is grammatically incorrect, then I've dropped you out of flow.
[01:28:28.080 --> 01:28:31.080]  I need to know about that.
[01:28:31.080 --> 01:28:40.080]  So be merciless, rip my stuff to pieces because I want it as powerful as I can get it.
[01:28:40.080 --> 01:28:46.080]  Okay. Looks like we lost David.
[01:28:46.080 --> 01:28:49.080]  Oh, well. Okay. Sorry, David.
[01:28:49.080 --> 01:28:52.080]  Now we're going to go to John in Texas.
[01:28:52.080 --> 01:28:59.080]  Hello, John. We've got a minute before break.
[01:28:59.080 --> 01:29:02.080]  Oh, hold on and help if I unmute you.
[01:29:02.080 --> 01:29:04.080]  Okay. Try that.
[01:29:04.080 --> 01:29:07.080]  Okay. Hang on, John. David just popped back up.
[01:29:07.080 --> 01:29:10.080]  I guess his line dropped. I'll pick you up right after break.
[01:29:10.080 --> 01:29:12.080]  David.
[01:29:12.080 --> 01:29:13.080]  Yeah.
[01:29:13.080 --> 01:29:14.080]  There we go.
[01:29:14.080 --> 01:29:18.080]  That's all I was after, Randy. I don't want to interrupt. Are you on break now?
[01:29:18.080 --> 01:29:21.080]  No, we're about to go to break.
[01:29:21.080 --> 01:29:25.080]  Okay. Well, I'll keep checking my lines.
[01:29:25.080 --> 01:29:31.080]  I don't know whether, I don't think it's my end because I can still get on.
[01:29:31.080 --> 01:29:34.080]  Yeah. It may be somewhere in between.
[01:29:34.080 --> 01:29:35.080]  Okay. We're about to go to break.
[01:29:35.080 --> 01:29:43.080]  I'll have, I'll talk to the producer when we get on break and see if he can check, make sure our signal is going out.
[01:29:43.080 --> 01:29:45.080]  Thanks for letting us know, David.
[01:29:45.080 --> 01:29:50.080]  And thanks for calling in and I'll get you that flow document in the morning.
[01:29:50.080 --> 01:30:03.080]  Okay. Randy Kelton, Rule of Law Radio. We'll be right back.
[01:30:03.080 --> 01:30:08.080]  Tales about tongues are twisted. Tales about tongues are twisted. Tales about tongues are twisted.
[01:30:08.080 --> 01:30:16.080]  Phew. Try saying that three times fast. I'm Dr. Catherine Albrecht and I'll be back in just a moment with the truth about tongues and taste buds.
[01:30:16.080 --> 01:30:21.080]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:30:21.080 --> 01:30:26.080]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.080 --> 01:30:31.080]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:30:31.080 --> 01:30:34.080]  Privacy, it's worth hanging on to.
[01:30:34.080 --> 01:30:41.080]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo and Bing.
[01:30:41.080 --> 01:30:44.080]  Start over with StartPage.
[01:30:44.080 --> 01:30:47.080]  Time-worn tales about tongues are a tall tale.
[01:30:47.080 --> 01:30:52.080]  Remember the tongue map for a sweet, sour, salty and bitter you learned in school?
[01:30:52.080 --> 01:30:56.080]  Scientists now say we can taste these flavors anywhere on our tongues.
[01:30:56.080 --> 01:31:04.080]  What's more, we can also taste these flavors through taste receptors on the roof of our mouths and even on our epiglottis, the flap that covers the windpipe.
[01:31:04.080 --> 01:31:09.080]  And forget having just four tastes. There are now five official tastes with the addition of umami.
[01:31:09.080 --> 01:31:14.080]  Umami is the savory taste of glutamate, an amino acid found in foods like potato chips.
[01:31:14.080 --> 01:31:20.080]  Turns out we can taste umami flavors with more than our mouths. We can taste it with our tummies too.
[01:31:20.080 --> 01:31:25.080]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.080 --> 01:31:35.080]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.080 --> 01:31:42.080]  The government says that fire brought it down. However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:42.080 --> 01:31:45.080]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.080 --> 01:31:48.080]  Thousands of my fellow force responders are dying.
[01:31:48.080 --> 01:31:53.080]  I'm not a conspiracy theorist. I'm a structural engineer. I'm a New York City correction officer. I'm an Air Force pilot.
[01:31:53.080 --> 01:31:57.080]  I'm a father who lost his son. We're Americans and we deserve the truth.
[01:31:57.080 --> 01:32:00.080]  Go to RememberBuilding7.org today.
[01:32:00.080 --> 01:32:05.080]  Hey, it's Danny here for Hill Country Home Improvements. Did your home receive hail or wind damage from the recent storms?
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[01:33:11.080 --> 01:33:33.080]  OK, we are back.
[01:33:33.080 --> 01:33:40.080]  Randy Kelton, Rue La Radio, and I think we dropped a caller we were talking to.
[01:33:40.080 --> 01:33:43.080]  John, were we talking to you?
[01:33:43.080 --> 01:33:45.080]  You were about to.
[01:33:45.080 --> 01:33:49.080]  Oh, OK. Go ahead.
[01:33:49.080 --> 01:33:53.080]  OK, I'm the same one that called you last night right at the end of the show.
[01:33:53.080 --> 01:33:56.080]  And we didn't get to talk a whole lot.
[01:33:56.080 --> 01:34:00.080]  My biggest thing is I'm waiting on my trial for speeding.
[01:34:00.080 --> 01:34:07.080]  And what I've gotten, I've gotten these things in the mail saying they're going to arrest me for failure to appear.
[01:34:07.080 --> 01:34:16.080]  And then I got one about that they're going to, they're not, they're refusing to renew my license for failure to appear.
[01:34:16.080 --> 01:34:20.080]  And that arrests could be issued at any time, arrest warrant.
[01:34:20.080 --> 01:34:25.080]  OK, hold on. So have you failed to appear?
[01:34:25.080 --> 01:34:31.080]  No, I've appeared twice. At least I've appeared in an actual hearing, which I didn't request twice.
[01:34:31.080 --> 01:34:40.080]  And I've actually, you know, to turn in the request for the jury trial, that's a separate appearance where I turned that into the judge.
[01:34:40.080 --> 01:34:51.080]  And then after I received that first threat to be arrested, I went to the judge and asked him what the deal was with that.
[01:34:51.080 --> 01:34:53.080]  And he said, don't worry about it, of course.
[01:34:53.080 --> 01:34:59.080]  And so that's a separate appearance there. So I haven't failed to appear in any way.
[01:34:59.080 --> 01:35:06.080]  Oh, OK. Whenever they send you a notice, they always warn you if you don't appear, they'll arrest you.
[01:35:06.080 --> 01:35:07.080]  Yeah.
[01:35:07.080 --> 01:35:15.080]  OK, first appearance. What did they do at the first appearance?
[01:35:15.080 --> 01:35:22.080]  Just made offers is all it was. I didn't, they didn't have like an actual serious court situation.
[01:35:22.080 --> 01:35:26.080]  They just had, there was probably 30 or 40 people that had all received tickets.
[01:35:26.080 --> 01:35:31.080]  OK, OK. That's your standard first hearing. Here's the problem.
[01:35:31.080 --> 01:35:38.080]  Read 28.01 Texas Code of Criminal Procedure.
[01:35:38.080 --> 01:35:46.080]  That lists all of the things that a judge can order you to come to court for.
[01:35:46.080 --> 01:35:57.080]  The only one that will be close to the hearing you had what will be an arraignment.
[01:35:57.080 --> 01:36:05.080]  An arraignment is a hearing for the purpose of determining the identity of the accused and taking a plea.
[01:36:05.080 --> 01:36:18.080]  Problem 26.01 says an arraignment, the 26.01 is titled arraignment.
[01:36:18.080 --> 01:36:30.080]  An arraignment may be had in a felony case or a misdemeanor case punishable by imprisonment.
[01:36:30.080 --> 01:36:38.080]  What part of that restriction is hard to understand?
[01:36:38.080 --> 01:36:50.080]  So question is, under what authority were you ordered on threat of arrest to appear at that first hearing?
[01:36:50.080 --> 01:37:01.080]  They're, well actually I have the first threatening one. It's a postcard and mainly they're asking for money.
[01:37:01.080 --> 01:37:04.080]  They're everything. That's all they're about is money.
[01:37:04.080 --> 01:37:06.080]  Yeah.
[01:37:06.080 --> 01:37:10.080]  512, are you in Austin?
[01:37:10.080 --> 01:37:13.080]  This is, it's going to be Falls County.
[01:37:13.080 --> 01:37:20.080]  Oh, okay. Okay. So they may not be quite as familiar with all of Eddie's pleas as Austin is.
[01:37:20.080 --> 01:37:26.080]  Do you listen to the Monday night show?
[01:37:26.080 --> 01:37:30.080]  Not as much as I used to because I did used to live in Austin.
[01:37:30.080 --> 01:37:36.080]  So I do occasionally, but it's just in, you know, where I'm at in Waco now.
[01:37:36.080 --> 01:37:47.080]  I'm in Waco, but the ticket was in Falls County. So I don't get to hear it as much anymore, but I do listen sometimes.
[01:37:47.080 --> 01:37:53.080]  Well, you can pull his archives online. You might want to call into his show and tell him what you're doing.
[01:37:53.080 --> 01:38:04.080]  If you will send me an email, I will send you some really cool pleadings to file that will make them real unhappy.
[01:38:04.080 --> 01:38:05.080]  Okay.
[01:38:05.080 --> 01:38:10.080]  You'll have to adjust them to your case and, you know, to your jurisdiction and such.
[01:38:10.080 --> 01:38:15.080]  These are documents I filed in Decatur, Texas.
[01:38:15.080 --> 01:38:24.080]  And I didn't show up at the first hearing and the prosecuting attorney dismissed the case.
[01:38:24.080 --> 01:38:25.080]  Okay.
[01:38:25.080 --> 01:38:32.080]  I think the chief of police told him to, but these are pleadings that ask for very specific information.
[01:38:32.080 --> 01:38:35.080]  Well, two of them are information requests.
[01:38:35.080 --> 01:38:45.080]  I had a friend of mine filed them in the town I live in and the clerk didn't answer them.
[01:38:45.080 --> 01:38:53.080]  And we went to court and I filed, had the guy file criminal charges against the mayor.
[01:38:53.080 --> 01:39:03.080]  And at the next hearing, the prosecutor treated the information requests as if they were motions.
[01:39:03.080 --> 01:39:14.080]  And they knew that I had put these in the guy's hands and the prosecutor implied that I could be charged with illegal practice of law.
[01:39:14.080 --> 01:39:25.080]  So I had the guy with the ticket call me as a witness and when I got through with them, the next day the municipal judge,
[01:39:25.080 --> 01:39:30.080]  who's been a long time personal friend of mine, he's a Baptist preacher.
[01:39:30.080 --> 01:39:38.080]  And I told everybody always that I thought Mark Archery would do what he was right if it had to lift the pope.
[01:39:38.080 --> 01:39:45.080]  He was so embarrassed he resigned the next day.
[01:39:45.080 --> 01:39:51.080]  So they haven't brought the case back up for hearing and I don't think they're going to,
[01:39:51.080 --> 01:39:57.080]  but these are pretty powerful because they all go to subject matter jurisdiction.
[01:39:57.080 --> 01:40:02.080]  And, you know, I speak on this show about pawn moves.
[01:40:02.080 --> 01:40:10.080]  Instead of going directly for the throat, you know, this is not checkers, this is chess.
[01:40:10.080 --> 01:40:15.080]  So these two information requests are both pawn moves.
[01:40:15.080 --> 01:40:27.080]  We're asking the policing agency to provide evidence of authority of his officers to enforce the transportation code.
[01:40:27.080 --> 01:40:37.080]  We're asking him to provide information based on specific codes and he's not going to have any of this.
[01:40:37.080 --> 01:40:44.080]  So he's going to have to give you a response saying he has no records responsive to your request.
[01:40:44.080 --> 01:40:52.080]  That's what happened in Decatur and the chief knew me personally, so he called me.
[01:40:52.080 --> 01:40:59.080]  And I was having an enormous enjoyment at his expense.
[01:40:59.080 --> 01:41:05.080]  And he said, Mr. Kelton, you don't really think you're going to get the ruling that you want in this court, do you?
[01:41:05.080 --> 01:41:07.080]  I said, of course not.
[01:41:07.080 --> 01:41:12.080]  But you guys are going to open the door for a great federal suit.
[01:41:12.080 --> 01:41:16.080]  I've been wanting to get an adjudication on this issue for a long time.
[01:41:16.080 --> 01:41:19.080]  This is the perfect way to do it.
[01:41:19.080 --> 01:41:23.080]  So when it got to court, they dismissed it.
[01:41:23.080 --> 01:41:25.080]  Chickens.
[01:41:25.080 --> 01:41:33.080]  So anyway, you get these filed and this will really put a cog in the works.
[01:41:33.080 --> 01:41:39.080]  Because this goes to their authority to enforce.
[01:41:39.080 --> 01:41:45.080]  And if it's a small county, absolutely no chance they can enforce.
[01:41:45.080 --> 01:41:48.080]  Waco can't enforce.
[01:41:48.080 --> 01:41:51.080]  Austin may be big enough.
[01:41:51.080 --> 01:41:58.080]  Fort Worth, Dallas, Houston, San Antonio can, but that's about it.
[01:41:58.080 --> 01:42:04.080]  When you read these documents, we don't have time to read them on the air, but I have a whole, I've read them on the air before,
[01:42:04.080 --> 01:42:12.080]  have a whole list of things, requirements they have to meet in order to be able to enforce and none of them meet it.
[01:42:12.080 --> 01:42:13.080]  Okay.
[01:42:13.080 --> 01:42:19.080]  I sent you an email last night, so you might have mine in there somewhere in the pile.
[01:42:19.080 --> 01:42:22.080]  You might have had a bunch of them last night come in.
[01:42:22.080 --> 01:42:23.080]  Okay.
[01:42:23.080 --> 01:42:24.080]  I will recheck.
[01:42:24.080 --> 01:42:28.080]  I didn't see one that I didn't recognize, so I'll check in the morning.
[01:42:28.080 --> 01:42:31.080]  It's Randy at Rule of Law Radio?
[01:42:31.080 --> 01:42:32.080]  Yes.
[01:42:32.080 --> 01:42:33.080]  Okay.
[01:42:33.080 --> 01:42:34.080]  All right.
[01:42:34.080 --> 01:42:35.080]  I'll send you that.
[01:42:35.080 --> 01:42:36.080]  One other thing.
[01:42:36.080 --> 01:42:43.080]  Are you going to do a judicial misconduct complaint for the threat to have me arrested?
[01:42:43.080 --> 01:42:45.080]  Absolutely.
[01:42:45.080 --> 01:42:47.080]  Okay.
[01:42:47.080 --> 01:42:48.080]  All right.
[01:42:48.080 --> 01:42:58.080]  Do you think I should, I don't know, do you think I should bargrief the prosecutor on this, the ADA?
[01:42:58.080 --> 01:43:11.080]  Well, you know, I really like to hammer lawyers, but it's not really fair unless the process, oh, wait a minute, wait a minute.
[01:43:11.080 --> 01:43:12.080]  Yes.
[01:43:12.080 --> 01:43:21.080]  You bargrieved the judge and judicial conduct complaint, I'm sorry, judicial conduct complaint to judge, bargrief the lawyer for that first hearing.
[01:43:21.080 --> 01:43:22.080]  Okay.
[01:43:22.080 --> 01:43:32.080]  They ordered you on threat of arrest to come to the court to have a meeting with the prosecutor.
[01:43:32.080 --> 01:43:40.080]  Last time they did that to me, I came into court and this prosecutor came over and we're outside in the hall.
[01:43:40.080 --> 01:43:41.080]  He said, are you Randy Kelton?
[01:43:41.080 --> 01:43:43.080]  I said, yes, I am.
[01:43:43.080 --> 01:43:46.080]  Well, I'm so and so, I'm the prosecuting attorney.
[01:43:46.080 --> 01:43:49.080]  Oh, I don't talk to prosecutors.
[01:43:49.080 --> 01:44:00.080]  Hang on, going to break, we'll be right back.
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[01:46:22.080 --> 01:46:35.080]  Okay, we are back. Randy Kelkin, Rule of Law Radio and we're talking to John in Texas.
[01:46:35.080 --> 01:46:55.080]  But yeah, John, send me an email, I'll send you these documents, get them filed and in the challenge to subject matter jurisdiction, the argument concerning the 2801 arraignment issue is in this document.
[01:46:55.080 --> 01:46:56.080]  Okay.
[01:46:56.080 --> 01:46:57.080]  I think.
[01:46:57.080 --> 01:47:00.080]  I should send this to the court or to the officer?
[01:47:00.080 --> 01:47:05.080]  You send the information request to the police department or to the policing agency.
[01:47:05.080 --> 01:47:08.080]  It's a constable.
[01:47:08.080 --> 01:47:11.080]  Oh, that'll work. Just send it to the constable.
[01:47:11.080 --> 01:47:13.080]  Okay.
[01:47:13.080 --> 01:47:19.080]  And it's an information request. If he don't respond to it, it's class A misdemeanor.
[01:47:19.080 --> 01:47:26.080]  And then file the challenge subject matter jurisdiction with the court.
[01:47:26.080 --> 01:47:28.080]  Okay.
[01:47:28.080 --> 01:47:48.080]  Yeah, the last thing I heard from the constable, I had sent a second discovery request and he had sent back a letter saying they had already filled their discovery responsibility and would not be filling that one.
[01:47:48.080 --> 01:47:50.080]  Oh, wonderful.
[01:47:50.080 --> 01:48:02.080]  Now send that, you don't have a right to discovery in class C misdemeanor, so everything is requested under open records and they don't have a quota.
[01:48:02.080 --> 01:48:04.080]  Okay.
[01:48:04.080 --> 01:48:06.080]  So I'll send it under FOIA.
[01:48:06.080 --> 01:48:14.080]  Yeah, and I'll send them to you. I already got them made up and mine are nice and obnoxious. You'll like them.
[01:48:14.080 --> 01:48:17.080]  I love that. That's great.
[01:48:17.080 --> 01:48:18.080]  Okay.
[01:48:18.080 --> 01:48:19.080]  I appreciate it. Thank you.
[01:48:19.080 --> 01:48:27.080]  Okay. Thank you, John. Now we're going to Mark in Wisconsin. Hello, Mark.
[01:48:27.080 --> 01:48:31.080]  Hello, Mark. Did I put you to sleep?
[01:48:31.080 --> 01:48:33.080]  Oh, no.
[01:48:33.080 --> 01:48:36.080]  There you go.
[01:48:36.080 --> 01:48:55.080]  I had a quick question. I have been granted power of authority and a gentleman missed his court date with my magical power of authority. Can I pretend to almost quite be his lawyer?
[01:48:55.080 --> 01:48:58.080]  Wait a minute, say that again.
[01:48:58.080 --> 01:49:07.080]  I've been given power of authority, gentlemen. He's got a court date he missed and apparently I'm going to have to pick up the pieces.
[01:49:07.080 --> 01:49:20.080]  But with his power of authority, can I walk into the courtroom on one of his court dates and sit next to him and otherwise function like his lawyer if he had a lawyer?
[01:49:20.080 --> 01:49:39.080]  Okay, this is questionable. Most states, anyone can represent someone else. You have a right to counsel of your choice, but the courts tend not to allow it. So it's an extra fight you would have.
[01:49:39.080 --> 01:49:58.080]  I've made just a slight reference to being threatened with the illegal practice of law. And when that happened, part of what I did to the lawyer was, quote, the statute in Texas, 38.123.
[01:49:58.080 --> 01:50:20.080]  And it says it is a crime for a person to hold himself out as a lawyer and represent someone in court in a matter concerning property personal injury or property damage period.
[01:50:20.080 --> 01:50:34.080]  According to the law, that's the only thing in Texas that I can't represent you for. But if I try to go in court and represent you, the court's going to throw me out and that's a fight I'm going to have to have.
[01:50:34.080 --> 01:50:44.080]  So you might want to look up any illegal practice of law in Wisconsin and see what the code says there. Or have you already done that?
[01:50:44.080 --> 01:51:10.080]  Well, sir, I have not. I have purposely avoided that particular issue. But this particular individual, I might as well start developing my reputation in a new county. And this is as good as any spot to start. So...
[01:51:10.080 --> 01:51:22.080]  Well, it's really iffy. You can wind up getting contempt to court and all kind of junk. Is this a traffic issue?
[01:51:22.080 --> 01:51:26.080]  No, no. This is his second divorce.
[01:51:26.080 --> 01:51:44.080]  Oh, okay. Then it's not as risky when you're going before a higher level judge. These traffic courts judges, they don't have a clue and they do really stupid stuff and get you in big fights.
[01:51:44.080 --> 01:52:01.080]  So you might... I don't know. Just because you have a power attorney, it won't help if the... Wait a minute. I started to say accused and I'm assuming a criminal, but you're saying this is family, a civil?
[01:52:01.080 --> 01:52:09.080]  This is a divorce. It's no real asset. There's no real anything at stake here.
[01:52:09.080 --> 01:52:16.080]  That's a good question. You may actually be able to... It depends on what the judge says.
[01:52:16.080 --> 01:52:31.080]  And, you know, since it's not a criminal where he's summoned and there's a failure to appear issue, the issue here is if you fail to appear, you don't get to represent your side of the case.
[01:52:31.080 --> 01:52:43.080]  And since it's family law, there's a good chance they'll let you stand in. It wouldn't hurt. All the judge can do is the worst. He'll throw you out.
[01:52:43.080 --> 01:52:48.080]  Yeah. Well, I've been thrown out of places before.
[01:52:48.080 --> 01:52:55.080]  That's what I tell them. I've been thrown out of classier joints than this.
[01:52:55.080 --> 01:53:05.080]  Yeah. Yeah. Well, I'm probably going to, you know, try to bite my tongue just a bit.
[01:53:05.080 --> 01:53:10.080]  You know, I mean, this isn't Milwaukee County. This is a different county.
[01:53:10.080 --> 01:53:25.080]  So, yeah, as long as you're respectful, you know, when I told the judge, when he asked me if I was a lawyer, when I filed a habeas, oh, no judge. Sleep well at night and keep my hands in my own pockets.
[01:53:25.080 --> 01:53:31.080]  He didn't lose his composure or get real excited.
[01:53:31.080 --> 01:53:38.080]  And they do occasionally have a sense of humor.
[01:53:38.080 --> 01:53:43.080]  As long as you're respectful, it's unlikely you have much problem.
[01:53:43.080 --> 01:53:58.080]  Yeah. The federal bankruptcy judge, he wasn't real amused when I sat in the gallery with a case not tied to me wearing my Finlandia University shirt.
[01:53:58.080 --> 01:54:04.080]  Finlandia University, they used the two first letters there.
[01:54:04.080 --> 01:54:23.080]  I got a lot of stares from the judge on that. But, you know, otherwise, they seemed to give me some latitude when I walked up in front of the chief judge for the federal court and slammed down some paperwork and made grand pronouncements.
[01:54:23.080 --> 01:54:33.080]  The people in the gallery thought I was going to be doing some time in jail. But, you know, they just kind of look at me and go, okay.
[01:54:33.080 --> 01:54:41.080]  This is good for people to understand. Most everybody only has experience with the courts and the traffic courts.
[01:54:41.080 --> 01:54:47.080]  And those judges are, for the most part, just idiots.
[01:54:47.080 --> 01:54:53.080]  And they're arrogant. They're self-righteous. They treat you horrible.
[01:54:53.080 --> 01:55:07.080]  But as you get higher up in the courts, you get learning counsel, you get people with more experience, and you get judges that are elected and they're more sensitive to their electorate.
[01:55:07.080 --> 01:55:13.080]  So you're dealing with people who are a lot more professional.
[01:55:13.080 --> 01:55:22.080]  And I don't have near the trouble in the higher courts that I do in the traffic court.
[01:55:22.080 --> 01:55:29.080]  Well, it also helps, too. Like in the bankruptcy court, I asked for some documents to be sealed.
[01:55:29.080 --> 01:55:39.080]  And the documents were unique enough that they did seal them, and that was before any of my formal appearances before these people.
[01:55:39.080 --> 01:55:50.080]  So the record already knew that it wasn't the normal, average schmuck coming through.
[01:55:50.080 --> 01:56:03.080]  So yeah, all you have to do is demonstrate some competence, some confidence and courtesy.
[01:56:03.080 --> 01:56:10.080]  Treat them with professional courtesy, and they will generally treat that, treat you back.
[01:56:10.080 --> 01:56:15.080]  So one of my favorites is a judge who was its first day on the bench.
[01:56:15.080 --> 01:56:20.080]  And he finished the hearing, and I said, Your Honor, I have some documents I'd like you to look at.
[01:56:20.080 --> 01:56:27.080]  And he said, Well, sure, come on up. And I handed them to him, and there are criminal complaints against the judge across the hall.
[01:56:27.080 --> 01:56:33.080]  Well, Mr. Kelkin, you realize this is my first day in office?
[01:56:33.080 --> 01:56:40.080]  I said, Yes, Your Honor, I just wanted to welcome you to the deep end of the pool.
[01:56:40.080 --> 01:56:50.080]  And he found the humor in that. And I find that you treat judges with the dignity that you expect to be treated with.
[01:56:50.080 --> 01:56:56.080]  When you get out of the municipal courts and into the higher courts, they get a lot better.
[01:56:56.080 --> 01:57:09.080]  And the higher level the court, the more respectful the judges tend to be, except for Judge McBride, the federal district judge in Fort Worth.
[01:57:09.080 --> 01:57:20.080]  He's a real stinker, from what I understand. I've never been in front of him directly, but I have had him toss some of my pleadings.
[01:57:20.080 --> 01:57:24.080]  And the last one he tossed, I filed criminal charges against him for it.
[01:57:24.080 --> 01:57:36.080]  So he may not be very happy with me, but I suspect that if I get in front of him, he will be conduct himself with dignity.
[01:57:36.080 --> 01:57:45.080]  So for everybody out there who has to deal with these courts, the higher up you get, the better it gets.
[01:57:45.080 --> 01:57:50.080]  So that's been my experience. What about you, Mark?
[01:57:50.080 --> 01:57:58.080]  All right. Well, I'll give it a shot and, you know, I'll let you know accordingly.
[01:57:58.080 --> 01:58:13.080]  Oh, OK, just for the record, if I get a call out of Wisconsin that's a collect call from a jail, I'll say, Mark who?
[01:58:13.080 --> 01:58:18.080]  Yeah, that's perfectly fine. That's perfectly fine.
[01:58:18.080 --> 01:58:27.080]  I, you know, the only time I had that risk, the judge came out of her chambers.
[01:58:27.080 --> 01:58:31.080]  Wait, I'm sorry, Mark. We are out of time. We've got 20 seconds left.
[01:58:31.080 --> 01:58:32.080]  All right.
[01:58:32.080 --> 01:58:37.080]  OK. Thank you, Mark. This is Randy Kelton, Wheel of Law Radio.
[01:58:37.080 --> 01:58:38.080]  Bye bye.
[01:58:38.080 --> 01:58:50.080]  Bye bye, Mark. We'll be back next Thursday on our regular eight, two hour Thursday show and then Friday on our four hour show.
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