[00:00.000 --> 00:08.000]  The following news flash is brought to you by the Lone Star Lowdown, providing the daily
[00:08.000 --> 00:15.000]  bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:15.000 --> 00:23.000]  into the tides of the alternatives.
[00:23.000 --> 00:30.000]  Markets for Wednesday, the 30th of November, 2016, are currently trading with gold at $1,173 an ounce,
[00:30.000 --> 00:37.000]  silver, $16.47 an ounce, Texas crude, $45.23 a barrel, and Bitcoin is currently sitting
[00:37.000 --> 00:46.000]  in about $742 U.S. currency.
[00:46.000 --> 00:53.000]  Today in history, the year 1998, Exxon and Mobil signed a $73.7 billion merger agreement,
[00:53.000 --> 01:02.000]  in effect creating Exxon Mobil, the world's largest company today in history.
[01:02.000 --> 01:08.000]  In recent news, Abdul Razak Aliartan, a Somalian-born U.S. resident and student at Ohio State
[01:08.000 --> 01:12.000]  University, drove into a group of people and started stabbing them before he was fatally shot
[01:12.000 --> 01:18.000]  by a university officer Monday morning. 11 people were injured, including one in critical condition.
[01:18.000 --> 01:22.000]  Authorities and the FBI are investigating whether the attack was a terrorist act.
[01:22.000 --> 01:26.000]  The university issued a series of tweets warning students that there was an active shooter,
[01:26.000 --> 01:30.000]  causing confusion on campus near the engineering building.
[01:30.000 --> 01:34.000]  It was Officer Alan Haruchko who fatally shot Abdul Razak Aliartan after he drove over a curb
[01:34.000 --> 01:38.000]  and then got out of his vehicle and began attacking people with a butcher knife.
[01:38.000 --> 01:44.000]  Luckily, the officer was able to respond quickly since he was already nearby because of a gas leak in the area.
[01:44.000 --> 01:48.000]  Columbus Police Chief Kim Jacobs, when asked if it was considered a terrorist attack,
[01:48.000 --> 01:51.000]  said, quote, I think we have to consider that it is.
[01:51.000 --> 01:56.000]  Federal law enforcement officials have recently brought attention to concerns of terrorist propaganda,
[01:56.000 --> 02:06.000]  which encourages knife and car attacks because they're easier to pull off than bombings.
[02:06.000 --> 02:10.000]  The Texas legislator approved new rules this week, which go into effect on December 19th,
[02:10.000 --> 02:15.000]  requiring facilities which perform abortions to bury the fetal remains instead of disposing them
[02:15.000 --> 02:18.000]  in a sanitary landfill like other forms of biological medical waste.
[02:18.000 --> 02:23.000]  The new regulations do allow for the option of the fetal remains being stemmed disinfected beforehand.
[02:23.000 --> 02:29.000]  Texas governor wrote in an email back in July, which the Tribune published in full, that, quote,
[02:29.000 --> 02:34.000]  I believe it is imperative to establish higher standards that reflect our respect for the sanctity of life.
[02:34.000 --> 02:39.000]  This is why Texas will require clinics and hospitals to bury or cremate human and fetal remains.
[02:39.000 --> 02:44.000]  I don't believe human and fetal remains should be treated like medical waste and disposed of in landfills.
[02:44.000 --> 02:47.000]  Indiana and Louisiana passed similar measures this year.
[02:47.000 --> 02:54.000]  However, neither state has put the new rules into effect amid continuing legal challenges.
[02:54.000 --> 03:20.000]  This is Rick Roady with your Lowdown for November 30th, 2016.
[03:20.000 --> 03:30.000]  Okay. We are back. Randy Kelton, Rue La Radio, on this Friday, the second day of December 2016,
[03:30.000 --> 03:33.000]  and we're going to Marshall in Washington.
[03:33.000 --> 03:36.000]  Hello, Marshall. It's been a while.
[03:36.000 --> 03:39.000]  It has been quite a while. How are you doing, Randy?
[03:39.000 --> 03:46.000]  I am doing well. How is your issue with the gun rage going?
[03:46.000 --> 03:56.000]  Oh, it's still going hot and heavy. In fact, the gun club was found in contempt of court today.
[03:56.000 --> 04:03.000]  Yeah. So a few facts related to that I wanted to bounce off of you and get your opinion.
[04:03.000 --> 04:14.000]  We thought it was going to be a really simple and straightforward hearing as part of the Kitsap 1 case where we were found to be a nuisance.
[04:14.000 --> 04:23.000]  We were supposed to get some permits relative to moving dirt, basically the dirt berms that we used to shoot into.
[04:23.000 --> 04:27.000]  We moved them around, which of course is standard on the gun range.
[04:27.000 --> 04:30.000]  They think we needed to have permits for that.
[04:30.000 --> 04:37.000]  So as part of that, we were ordered to get those permits and we filled them out as best we could.
[04:37.000 --> 04:45.000]  And we'll come back to that in a second. We tried to file them with the appropriate agency.
[04:45.000 --> 04:51.000]  They refused to accept our application for the permits.
[04:51.000 --> 04:59.000]  And we went back to court and we were found in contempt for not filing those permits.
[04:59.000 --> 05:09.000]  Oh, interesting. That should get you a hearing on the contempt charge.
[05:09.000 --> 05:13.000]  We had that hearing and we were found in contempt.
[05:13.000 --> 05:23.000]  No, no. Okay. The judge will find you in contempt and then you get to have a hearing on the contempt charge itself.
[05:23.000 --> 05:34.000]  Yeah, that's what we asked for. We didn't get it. We had the hearing and we were summarily found in contempt without a fact hearing.
[05:34.000 --> 05:42.000]  And we had a witness ready to go onto the stand and they were never allowed to go onto the stand.
[05:42.000 --> 05:49.000]  Okay. Did they file a motion for reconsideration?
[05:49.000 --> 05:52.000]  No, that just happened today.
[05:52.000 --> 05:56.000]  Okay, this should get in a locatory appeal.
[05:56.000 --> 05:58.000]  Yeah, we're going to be doing this.
[05:58.000 --> 06:06.000]  Well, actually the contempt is a separate issue so it can get a direct appeal.
[06:06.000 --> 06:11.000]  Who is the agency that refused to take it?
[06:11.000 --> 06:15.000]  The Department of Community Development.
[06:15.000 --> 06:20.000]  Oh, is it a state or county?
[06:20.000 --> 06:22.000]  That's a county agency.
[06:22.000 --> 06:28.000]  Did they have a reason for not accepting the filing?
[06:28.000 --> 06:32.000]  Sure. They had a whole bunch of reasons.
[06:32.000 --> 06:39.000]  One is to give you a tiny bit of background, this basically relates to moving of dirt like I was saying earlier.
[06:39.000 --> 06:45.000]  Well, it turns out that there's three levels of this sort of application.
[06:45.000 --> 06:51.000]  Our position was that we needed to file basically the lowest level of that application.
[06:51.000 --> 06:56.000]  Their position is we have to file the highest level of that application.
[06:56.000 --> 07:02.000]  And as we pointed out to them long ago and brought evidence to the court, we're out of money.
[07:02.000 --> 07:06.000]  We spent all our money on lawyers.
[07:06.000 --> 07:20.000]  They wanted a $3,000 in change filing fee and they also didn't like it because it didn't have professional engineered soil stability analysis
[07:20.000 --> 07:26.000]  and a bunch of other professional reports attached to the application.
[07:26.000 --> 07:30.000]  Our position was we filled it out as best we could.
[07:30.000 --> 07:36.000]  We're out of money and we filled it out as best we could, tried to file it.
[07:36.000 --> 07:41.000]  When they refused it, we filed it with the prosecutor's office.
[07:41.000 --> 07:46.000]  And our position in court was we filled it out as best we could.
[07:46.000 --> 07:49.000]  We tried to file it. They refused it.
[07:49.000 --> 08:00.000]  And our position is while the court may have an injunction relative, you know, remedy to the situation,
[08:00.000 --> 08:12.000]  we can't be in contempt for failing to do that which we had no ability to do.
[08:12.000 --> 08:21.000]  Is the issue of the commercial aspect?
[08:21.000 --> 08:32.000]  There needs to be a way to go back after the county since the county appears to have used these processes
[08:32.000 --> 08:43.000]  for the purpose of bankrupting the commercial entity to deny them due process.
[08:43.000 --> 08:49.000]  This is a bit out of my range.
[08:49.000 --> 09:00.000]  My main question is based on case law, even in Washington State,
[09:00.000 --> 09:06.000]  there is an essential element of civil contempt, which is what this is.
[09:06.000 --> 09:08.000]  This is a type of civil contempt.
[09:08.000 --> 09:17.000]  It's a nonoptional element of civil contempt that you must be able to do what the judges told you to do
[09:17.000 --> 09:22.000]  and there has to be findings and facts to that effect.
[09:22.000 --> 09:24.000]  Here's the issue.
[09:24.000 --> 09:31.000]  While there were some arguments by their lawyer, there was no evidence placed on the record,
[09:31.000 --> 09:37.000]  absolutely zero, that we were able to do what the judge ordered us to do.
[09:37.000 --> 09:45.000]  In fact, the county acquiesced to some extent that we have very, very limited funds
[09:45.000 --> 09:53.000]  and were probably unable to get some of the professional services that the application required.
[09:53.000 --> 09:57.000]  Absent any evidence on the record to support that element,
[09:57.000 --> 10:05.000]  our lawyer's position was that the judge was unable, lacked capacity to find us in contempt
[10:05.000 --> 10:09.000]  unless the county put appropriate evidence on the record.
[10:09.000 --> 10:16.000]  He in fact said so in open court and she ignored that and found us in contempt anyway.
[10:16.000 --> 10:26.000]  My question for you is, is ignoring evidentiary elements for a crime, is that a due process violation?
[10:26.000 --> 10:33.000]  That is absolutely a procedural due process violation.
[10:33.000 --> 10:34.000]  Okay.
[10:34.000 --> 10:42.000]  If she is engaged when informed of that issue and reminded of that issue and she proceeds anyhow
[10:42.000 --> 10:48.000]  and that's a due process violation, is that a violation of 18 U.S. 242?
[10:48.000 --> 10:50.000]  Absolutely.
[10:50.000 --> 10:53.000]  Look up SCRUZ VUS.
[10:53.000 --> 11:02.000]  While we're talking here, I'm trying to find a specific quote that I want to read to you from SCRUZ.
[11:02.000 --> 11:06.000]  It goes exactly to this.
[11:06.000 --> 11:15.000]  When you were talking, I'm thinking, I want to say let's go after the judge.
[11:15.000 --> 11:24.000]  But this is not just you, it's a group of people and they might get kind of tense
[11:24.000 --> 11:27.000]  when I start talking about going after a judge.
[11:27.000 --> 11:31.000]  But this is appropriate.
[11:31.000 --> 11:35.000]  I'm trying to find SCRUZ.
[11:35.000 --> 11:37.000]  Give me just a second here.
[11:37.000 --> 11:42.000]  I hate to do this on air because we're live, but this is worth it.
[11:42.000 --> 11:47.000]  You could do that for a second and I will kind of give the group,
[11:47.000 --> 11:51.000]  the radio listeners kind of a very brief overview of where we're at while you're looking.
[11:51.000 --> 11:52.000]  Okay.
[11:52.000 --> 12:02.000]  Of course, for those that have heard us in the past, we're simultaneously in two lawsuits with Kitsap County,
[12:02.000 --> 12:07.000]  both of which they were asking for the gun range to be permanently closed.
[12:07.000 --> 12:13.000]  They lost in part in Kitsap 1.
[12:13.000 --> 12:17.000]  The appeals court protected our grandfathered rights.
[12:17.000 --> 12:22.000]  They did declare us a nuisance, gave instructions to the trial court, and remanded.
[12:22.000 --> 12:30.000]  And the court has largely ignored that and just basically done what they wanted to do, including the thing today.
[12:30.000 --> 12:36.000]  Kitsap 2 is about a new gun range ordinance that they put in place
[12:36.000 --> 12:41.000]  because they were looking like they were going to lose the first case and that weren't the closest.
[12:41.000 --> 12:53.000]  And we're also in the appeals court on that as well where we got a summary judgment against us without trial in the second case,
[12:53.000 --> 13:01.000]  no trial of any kind, summary judgment without any of the required legal analyses
[13:01.000 --> 13:07.000]  that's required by the federal case Zell v. Chicago,
[13:07.000 --> 13:13.000]  which says in part that no assumption when it comes to Second Amendment issues,
[13:13.000 --> 13:18.000]  no assumption of legality of any law can be made.
[13:18.000 --> 13:21.000]  The court must actually do analysis.
[13:21.000 --> 13:26.000]  The court refused to perform any of that analysis.
[13:26.000 --> 13:33.000]  And Zell also stated that training and practice, which of course is what you do at a gun range,
[13:33.000 --> 13:36.000]  is a direct application of the Second Amendment.
[13:36.000 --> 13:40.000]  The judge would not hear those arguments.
[13:40.000 --> 13:49.000]  I would suggest that one of your members take this issue directly to the grand jury himself
[13:49.000 --> 13:53.000]  and you don't want your lawyer having anything to do with it.
[13:53.000 --> 13:57.000]  Their problem is that they have a bunch of members to this gun range,
[13:57.000 --> 14:03.000]  and it is each of the members are being denied in their rights, so each one has capacity.
[14:03.000 --> 14:07.000]  Let me read you, I found screws.
[14:07.000 --> 14:14.000]  If a man intentionally adopts certain conduct in certain circumstances known to him
[14:14.000 --> 14:18.000]  and that conduct is forbidden by the law under those circumstances,
[14:18.000 --> 14:25.000]  he intentionally breaks the law in the only sense in which the law ever considers intent.
[14:25.000 --> 14:33.000]  He who defies a decision interpreting the Constitution knows precisely what he is doing.
[14:33.000 --> 14:41.000]  If sane, he hardly may be heard to say that he knew not what he did.
[14:41.000 --> 14:48.000]  Scrooge's 1945 case, still good law.
[14:48.000 --> 14:50.000]  This is a seminal case.
[14:50.000 --> 14:56.000]  This was about two deputies and a sheriff in Georgia.
[14:56.000 --> 14:58.000]  They're upset at this black guy.
[14:58.000 --> 15:00.000]  They're drinking in a bar.
[15:00.000 --> 15:02.000]  The bartender tries to talk him out of it.
[15:02.000 --> 15:04.000]  They decide to go arrest him.
[15:04.000 --> 15:07.000]  They wind up beating him to death on the courthouse steps.
[15:07.000 --> 15:12.000]  The suit in the state, they're prosecuted in the state, then they're sued in the Fed,
[15:12.000 --> 15:16.000]  and they're raised to claim they lacked adequate notice.
[15:16.000 --> 15:23.000]  And I think the court must have been in a bad mood this day because they really hammered them with it.
[15:23.000 --> 15:33.000]  It may not be construed that the judge was not fully aware of the improprieties of her action.
[15:33.000 --> 15:38.000]  And I suggest, is this a state court?
[15:38.000 --> 15:42.000]  This is a county court.
[15:42.000 --> 15:45.000]  County court, okay, yeah, it's in the state.
[15:45.000 --> 15:54.000]  Go to the state grand jury with criminal charges of official misconduct against the judge.
[15:54.000 --> 15:58.000]  This is totally different than the civil action.
[15:58.000 --> 16:03.000]  Every member of that gun club has a right to due process.
[16:03.000 --> 16:09.000]  I am about to take the local federal judge to our local grand jury.
[16:09.000 --> 16:14.000]  Last month, I filed against my district, the district judge,
[16:14.000 --> 16:21.000]  the local Texas ranger and the director of the Department of Public Safety.
[16:21.000 --> 16:26.000]  I filed against the district judge for first degree felony aggravated assault
[16:26.000 --> 16:31.000]  because he had a bailiff touch me.
[16:31.000 --> 16:34.000]  We go straight to the grand jury.
[16:34.000 --> 16:42.000]  Next month, or now it's December, this month, I will file against a federal district judge
[16:42.000 --> 16:51.000]  because he dismissed a case with prejudice when there was a challenge to subject matter jurisdiction before the court.
[16:51.000 --> 16:56.000]  Hang on, go on to break, Randy Kelton, Rue of La Radio, we'll be right back.
[17:21.000 --> 17:23.000]  Yummy apple.
[17:23.000 --> 17:27.000]  I'm going to throw away these yucky cookies in the trash.
[17:27.000 --> 17:33.000]  I click control, shift, delete and then scroll down to cookies and clear them.
[17:33.000 --> 17:35.000]  Bye bye, yucky cookies.
[17:35.000 --> 17:41.000]  Now I go to logosradio.com and I click on the Amazon box on the upper right hand side,
[17:41.000 --> 17:47.000]  bookmark the link and I can go to Amazon through this link and order you some yummy new cookies.
[17:47.000 --> 17:49.000]  New cookies for me?
[17:49.000 --> 17:53.000]  I consider it an early Christmas present and every time I order on Amazon,
[17:53.000 --> 17:57.000]  I go through this link and I give a little present to this radio network too.
[17:57.000 --> 17:58.000]  C is for cookie.
[17:58.000 --> 18:00.000]  C is for classified.
[18:00.000 --> 18:05.000]  Are you being harassed by debt collectors with phone calls, letters or even losses?
[18:05.000 --> 18:09.000]  Stop debt collectors now with the Michael Mears proven method.
[18:09.000 --> 18:15.000]  Michael Mears has won six cases in federal court against debt collectors and now you can win two.
[18:15.000 --> 18:21.000]  You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statutes,
[18:21.000 --> 18:27.000]  what to do when contacted by phones, mail or court summons, how to answer letters and phone calls,
[18:27.000 --> 18:31.000]  how to get debt collectors out of your credit report, how to turn the financial tables on them
[18:31.000 --> 18:34.000]  and make them pay you to go away.
[18:34.000 --> 18:39.000]  The Michael Mears proven method is the solution for how to stop debt collectors.
[18:39.000 --> 18:41.000]  Personal consultation is available as well.
[18:41.000 --> 18:46.000]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
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[18:49.000 --> 18:57.000]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[18:57.000 --> 19:01.000]  to learn how to stop debt collectors now.
[19:01.000 --> 19:12.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[19:12.000 --> 19:15.000]  Well, don't let nothing get to you.
[19:15.000 --> 19:17.000]  Only the Father can deliver you.
[19:17.000 --> 19:22.000]  Don't let bad-minded people hurt you.
[19:22.000 --> 19:24.000]  Okay, we are back.
[19:24.000 --> 19:26.000]  Randy Kelton, Rule of Law Radio.
[19:26.000 --> 19:30.000]  We're talking to Marshall in Washington.
[19:30.000 --> 19:40.000]  Yeah, I filed against the judge for doing precisely the kinds of things your judge is doing.
[19:40.000 --> 19:43.000]  The judge does this all the time, this particular judge.
[19:43.000 --> 19:48.000]  If a pro se litigant files an action and it goes to this judge,
[19:48.000 --> 19:52.000]  he will dismiss it with prejudice out of hand.
[19:52.000 --> 19:56.000]  And frankly, I counted on it.
[19:56.000 --> 20:01.000]  I filed the action. It was a declaratory judgment action.
[20:01.000 --> 20:07.000]  The other side removed it to the federal court and filed a Rule 12 motion to dismiss.
[20:07.000 --> 20:09.000]  I filed a challenge subject matter jurisdiction.
[20:09.000 --> 20:13.000]  Well, I filed subject matter jurisdiction first.
[20:13.000 --> 20:15.000]  Then the other side filed a Rule 12.
[20:15.000 --> 20:25.000]  He dismissed the case on the Rule 12 because I failed to state a claim on which recovery can be had.
[20:25.000 --> 20:30.000]  Well, yeah, duh.
[20:30.000 --> 20:37.000]  That's why I filed a declaratory judgment case so I could avoid 12b6.
[20:37.000 --> 20:42.000]  Dismissed with prejudice the same day I non-suited.
[20:42.000 --> 20:48.000]  I did not because the Rule 12b6 motion said that in the second half,
[20:48.000 --> 20:54.000]  the court should dismiss the case because Wells Fargo was not the lender.
[20:54.000 --> 20:56.000]  Say what?
[20:56.000 --> 21:00.000]  Now, they're the ones trying to foreclose.
[21:00.000 --> 21:01.000]  So what do you do?
[21:01.000 --> 21:04.000]  The lawyer screwed up.
[21:04.000 --> 21:09.000]  He said they weren't the original lender.
[21:09.000 --> 21:10.000]  But they sold the note.
[21:10.000 --> 21:12.000]  Now they're just a servicer.
[21:12.000 --> 21:14.000]  So they said they weren't the lender.
[21:14.000 --> 21:20.000]  Well, the lawyer had a brain hemorrhage or something.
[21:20.000 --> 21:21.000]  It doesn't matter.
[21:21.000 --> 21:23.000]  They're the agent for the lender.
[21:23.000 --> 21:26.000]  So what do you do when they do a mistake like that?
[21:26.000 --> 21:28.000]  Well, you non-suit immediately.
[21:28.000 --> 21:30.000]  Now it becomes collateral estoppel.
[21:30.000 --> 21:32.000]  They could never change their position.
[21:32.000 --> 21:34.000]  So I non-suited.
[21:34.000 --> 21:38.000]  Same day I non-suited, he dismissed with prejudice.
[21:38.000 --> 21:41.000]  Is this perfect or what?
[21:41.000 --> 21:46.000]  I'm not going in there claiming he harmed me because he didn't.
[21:46.000 --> 21:48.000]  I non-suited.
[21:48.000 --> 21:53.000]  I go in there claiming he failed to follow law.
[21:53.000 --> 21:56.000]  And I don't care if he is a federal judge.
[21:56.000 --> 22:00.000]  He's in a courthouse that doesn't belong to the federal government.
[22:00.000 --> 22:02.000]  It's leased from the state.
[22:02.000 --> 22:06.000]  That means he is in this state.
[22:06.000 --> 22:08.000]  It's not a federal enclave.
[22:08.000 --> 22:09.000]  There's only two of those.
[22:09.000 --> 22:17.000]  Those are federal prisons in Texas where the property has been ceded to the federal government
[22:17.000 --> 22:20.000]  and literally becomes a part of the federal government.
[22:20.000 --> 22:23.000]  The courthouse has not been ceded.
[22:23.000 --> 22:24.000]  He is in the state.
[22:24.000 --> 22:28.000]  If he takes out a gun and shoots somebody in the courtroom,
[22:28.000 --> 22:30.000]  the state investigates that.
[22:30.000 --> 22:32.000]  That's a state crime, not a federal crime.
[22:32.000 --> 22:34.000]  So I'm taking him to a state grand jury.
[22:34.000 --> 22:36.000]  See how this works out for him.
[22:36.000 --> 22:38.000]  See if we can't adjust his attitude.
[22:38.000 --> 22:46.000]  I suggest either you or someone that's a member of this club do the exact same thing
[22:46.000 --> 22:52.000]  and do not communicate with your lawyer about it.
[22:52.000 --> 22:57.000]  Well, as far as the grand jury idea, the problem with that in Washington state,
[22:57.000 --> 23:04.000]  while there are statutes on the books for having grand juries, they've largely been eliminated.
[23:04.000 --> 23:11.000]  They allow prosecutions by information only for even felonies.
[23:11.000 --> 23:19.000]  And I'll read you a short bit from the revised code of Washington, 10.27.30.
[23:19.000 --> 23:24.000]  No grand jury shall be summoned to attend at a superior court of any county
[23:24.000 --> 23:31.000]  except upon the order signed by a majority of the judges thereof.
[23:31.000 --> 23:37.000]  And the grand jury shall be summoned by the court where the public interest demands, et cetera, et cetera.
[23:37.000 --> 23:42.000]  So there is no standard grand juries, and the only way to get a grand jury
[23:42.000 --> 23:47.000]  is to get a majority of the judges of the county to sign off.
[23:47.000 --> 23:49.000]  Oh, that's okay.
[23:49.000 --> 23:53.000]  This is all about politics.
[23:53.000 --> 24:00.000]  So once you start the process, you start creating politics,
[24:00.000 --> 24:11.000]  you come to the prosecuting attorney with absolute conclusive evidence that a crime's been committed.
[24:11.000 --> 24:16.000]  And he exercises judicial discretion.
[24:16.000 --> 24:19.000]  Well, good luck with that, Bubba.
[24:19.000 --> 24:31.000]  It's only the judicial discretion if there's not enough evidence to convict.
[24:31.000 --> 24:38.000]  If there's enough evidence to convict, then it's shielding from prosecution.
[24:38.000 --> 24:42.000]  At least that's the accusation you make.
[24:42.000 --> 24:51.000]  But the prosecutor's office that you're asking me to go to is the exact organization that induced the judge to commit the crime.
[24:51.000 --> 24:52.000]  Perfect.
[24:52.000 --> 24:54.000]  Your office is who's in charge of their civil cases.
[24:54.000 --> 25:00.000]  That's even better.
[25:00.000 --> 25:03.000]  Then you get to involve them.
[25:03.000 --> 25:11.000]  You want to show a criminal conspiracy on the part of state actors to deny due process.
[25:11.000 --> 25:16.000]  Because all you're doing with these guys is setting them up.
[25:16.000 --> 25:19.000]  You're setting them up to take them to the Fed.
[25:19.000 --> 25:25.000]  The prosecutor's office first, and then if they resist or the judges don't impanel a grand jury,
[25:25.000 --> 25:30.000]  then after they've refused or failed to do that, then go to the Fed.
[25:30.000 --> 25:39.000]  Then go to the Fed against them, accusing them of shielding the judge from prosecution.
[25:39.000 --> 25:49.000]  They are not going to be happy when you start putting marks on their chart because Trump judge over here did in the county.
[25:49.000 --> 25:55.000]  They can't come and complain to you about it, so they're going to be all over this judge.
[25:55.000 --> 25:59.000]  It's all politics.
[25:59.000 --> 26:05.000]  So would you do that before or after we get a stay from the appeals court?
[26:05.000 --> 26:09.000]  The appeals court has been very responsive to our stays.
[26:09.000 --> 26:18.000]  In fact, the last time we asked for a stay of this judge's ruling, they gave it to us in two and a half days.
[26:18.000 --> 26:21.000]  Wonderful.
[26:21.000 --> 26:29.000]  You take someone out of the group, and they don't pay any attention to what else is going on.
[26:29.000 --> 26:34.000]  I would pay no attention to anything other than the criminal complaint.
[26:34.000 --> 26:37.000]  It's totally separate.
[26:37.000 --> 26:46.000]  And if they do it at a time that's inconvenient, it makes it look like you've got a wild card here.
[26:46.000 --> 26:48.000]  You've got somebody out of control.
[26:48.000 --> 26:52.000]  That's why you never talk to the lawyer about it.
[26:52.000 --> 26:57.000]  If the lawyer tries to talk about it, just refuse, not your business.
[26:57.000 --> 27:00.000]  You go take care of your business, I'll take care of my business.
[27:00.000 --> 27:03.000]  Now the lawyer has plausible deniability.
[27:03.000 --> 27:07.000]  You go to the lawyer on the other side and say, these guys are out of control.
[27:07.000 --> 27:08.000]  I can't control them.
[27:08.000 --> 27:11.000]  They wouldn't talk to me about it.
[27:11.000 --> 27:14.000]  So now they can't blame the lawyer.
[27:14.000 --> 27:18.000]  Now the lawyer can negotiate.
[27:18.000 --> 27:24.000]  Because the judge can't say anything.
[27:24.000 --> 27:33.000]  Once you went after the judge criminally, you poisoned her well.
[27:33.000 --> 27:39.000]  Now anything that doesn't look right, you can claim is retaliation.
[27:39.000 --> 27:46.000]  Okay, dirty tricks, and life is tough.
[27:46.000 --> 27:57.000]  But you don't have to, this particular time in history, with the U.S. attorney standing on pins and needles,
[27:57.000 --> 28:06.000]  knowing that the president wants to put as many of his own people in place that he can,
[28:06.000 --> 28:14.000]  every U.S. attorney is worried about being dumped by Trump.
[28:14.000 --> 28:20.000]  It's a real good time to get him off their keister.
[28:20.000 --> 28:30.000]  Okay, you're familiar with the fact that a U.S. attorney has to tender his resignation when there's a new president?
[28:30.000 --> 28:32.000]  I am aware.
[28:32.000 --> 28:35.000]  Yeah, every one of them has to tender.
[28:35.000 --> 28:37.000]  You got the president sitting back there.
[28:37.000 --> 28:41.000]  He's going to want his own appointments, as many as he can get away with.
[28:41.000 --> 28:50.000]  Bush accepted a lot of resignations when he first got in and caused a big uproar.
[28:50.000 --> 28:56.000]  But it won't cause an uproar if they have an excuse.
[28:56.000 --> 29:01.000]  I said, well, I've got these guys coming after him criminally.
[29:01.000 --> 29:10.000]  So whatever he's doing, he's creating a black eye for the U.S. attorney's office.
[29:10.000 --> 29:15.000]  We need to get rid of him and get someone that will keep these problems from happening.
[29:15.000 --> 29:18.000]  Were you in the military?
[29:18.000 --> 29:19.000]  No.
[29:19.000 --> 29:22.000]  You missed this part.
[29:22.000 --> 29:29.000]  I used to call the inspector general on a regular basis when I used to have to stand guard duty right across the hall from him.
[29:29.000 --> 29:32.000]  He's a big placard, the uniform code of military justice.
[29:32.000 --> 29:35.000]  And he said that if he had a problem, he needed to go through his chain of command.
[29:35.000 --> 29:41.000]  Unless you couldn't get remedy from your chain of command, you could always go to the inspector general.
[29:41.000 --> 29:44.000]  So I'll go to the inspector general and hack with these guys.
[29:44.000 --> 29:46.000]  And he would call the commander.
[29:46.000 --> 29:52.000]  The commander would call my OIC, my OSA, my NCOIC, my NCOIC, my OIC.
[29:52.000 --> 29:55.000]  By the time it got to me, they were all in trouble.
[29:55.000 --> 29:57.000]  They didn't care what the problem was.
[29:57.000 --> 29:58.000]  Well, hold on.
[29:58.000 --> 30:03.000]  We'll be right back.
[30:03.000 --> 30:05.000]  Does stress make your hair turn gray?
[30:05.000 --> 30:11.000]  For years, silver foxes have been cleaning as much, but scientists now say they can explain why.
[30:11.000 --> 30:17.000]  I'm Dr. Catherine Albrecht, and I'll be right back to tell you how stress ages us prematurely.
[30:17.000 --> 30:19.000]  Privacy is under attack.
[30:19.000 --> 30:22.000]  When you give up data about yourself, you'll never get it back again.
[30:22.000 --> 30:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:27.000 --> 30:29.000]  So protect your rights.
[30:29.000 --> 30:33.000]  Know to surveillance and keep your information to yourself.
[30:33.000 --> 30:35.000]  Privacy, it's worth hanging on to.
[30:35.000 --> 30:39.000]  This public service announcement is brought to you by Startpage.com,
[30:39.000 --> 30:43.000]  the private search engine alternative to Google, Yahoo, and Bing.
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[30:46.000 --> 30:49.000]  When the going gets tough, the hair is turned gray.
[30:49.000 --> 30:54.000]  It may sound like folklore, but scientists say chronic stress really does make us look older
[30:54.000 --> 30:56.000]  and heightens the risk of disease.
[30:56.000 --> 31:00.000]  During a four-week experiment, Duke University researchers injected mice
[31:00.000 --> 31:04.000]  with an adrenaline-like compound that mimics stress in human beings.
[31:04.000 --> 31:10.000]  They found a sharp reduction in P53, a protein that keeps cells healthy and prevents cancer.
[31:10.000 --> 31:16.000]  When the mice's level of P53 stayed low, their chromosomes began to develop irregularities
[31:16.000 --> 31:20.000]  that sped up the aging process and increased their risk of cancer.
[31:20.000 --> 31:22.000]  So don't skip that vacation.
[31:22.000 --> 31:24.000]  It may do more than just calm your mind.
[31:24.000 --> 31:26.000]  It could help keep you young.
[31:26.000 --> 31:27.000]  I'm Dr. Catherine Albrecht.
[31:27.000 --> 31:55.000]  For more news and information at CatherineAlbrecht.com.
[31:57.000 --> 31:59.000]  We'll see you next time.
[32:27.000 --> 32:29.000]  We'll see you next time.
[32:57.000 --> 33:03.000]  We can have the free society we all want and deserve.
[33:03.000 --> 33:25.000]  Live free speech radio, logosradionetwork.com.
[33:25.000 --> 33:27.000]  Okay, we are back.
[33:27.000 --> 33:29.000]  Randy Kelton of Radio.
[33:29.000 --> 33:34.000]  We're talking to Marshall in Washington.
[33:34.000 --> 33:37.000]  Let me make sure I get the right one.
[33:37.000 --> 33:38.000]  There we go.
[33:38.000 --> 33:40.000]  Okay.
[33:40.000 --> 33:43.000]  Does that make sense, Marshall?
[33:43.000 --> 33:46.000]  It's all politics.
[33:46.000 --> 33:48.000]  Sure, sure.
[33:48.000 --> 33:59.000]  When I was in the military, by the time it got down to my office, my NCO, they didn't care what the problem was.
[33:59.000 --> 34:10.000]  They only cared that the commander got chewed out by the IG, the OIC got chewed out by the commander,
[34:10.000 --> 34:14.000]  and by the time it gets to the bottom, everybody is furious.
[34:14.000 --> 34:16.000]  They don't care what the problem is.
[34:16.000 --> 34:19.000]  They want to make sure it never happens again.
[34:19.000 --> 34:30.000]  When you start hammering the U.S. attorney for not acting on these local judges,
[34:30.000 --> 34:35.000]  these guys are going to get real unhappy.
[34:35.000 --> 34:42.000]  And if you're that state judge down here on the bottom, everybody's looking back at that judge saying,
[34:42.000 --> 34:46.000]  you caused all of this.
[34:46.000 --> 34:48.000]  We don't care what you did.
[34:48.000 --> 34:51.000]  We don't care if what you did was right or wrong.
[34:51.000 --> 34:53.000]  You got us all in trouble.
[34:53.000 --> 34:58.000]  Fix it.
[34:58.000 --> 34:59.000]  Interesting.
[34:59.000 --> 35:00.000]  It works.
[35:00.000 --> 35:09.000]  Trouble in the state courts, the initial thought was to go directly to the Fed
[35:09.000 --> 35:13.000]  and just file a verified criminal complaint with the federal magistrate
[35:13.000 --> 35:21.000]  and just kind of cut out the middleman because there's so much apparent corruption locally.
[35:21.000 --> 35:23.000]  I doubt we can do anything.
[35:23.000 --> 35:30.000]  No, I'm going to suggest you not do that because it's going to sound like you're just PO'd
[35:30.000 --> 35:33.000]  because the judge didn't give you the ruling that you wanted,
[35:33.000 --> 35:40.000]  so you're coming to us trying to force them to do what you can't get done in the state.
[35:40.000 --> 35:42.000]  That's what you're going to do.
[35:42.000 --> 35:49.000]  So you go back and try to get remedy in the state, and this won't take long.
[35:49.000 --> 35:59.000]  You go to the prosecuting attorney, you hand them a verified criminal affidavit.
[35:59.000 --> 36:03.000]  And what they generally do when I go to a prosecuting attorney,
[36:03.000 --> 36:07.000]  they always send out an investigator.
[36:07.000 --> 36:15.000]  And if a guy comes out with a gun on, I tell them, I ask them, are you an ADA, an assistant DA?
[36:15.000 --> 36:17.000]  And they say, well, no, so you're not an attorney.
[36:17.000 --> 36:23.000]  They say, no, so you don't have enough education to understand what I'm bringing here.
[36:23.000 --> 36:28.000]  I need to speak to an assistant DA's attorney.
[36:28.000 --> 36:35.000]  And if you're diplomatic, you know, I tend to get in their face because I want them to throw me out.
[36:35.000 --> 36:41.000]  If they throw me out, and which is really easy to get them to do that,
[36:41.000 --> 36:46.000]  then I get to file criminal charges immediately against the district attorney.
[36:46.000 --> 36:49.000]  So I don't have to mess with them, don't have to waste any time with them.
[36:49.000 --> 36:51.000]  But if they bring out an ADA,
[36:51.000 --> 36:59.000]  then I put the criminal complaint that I already have made out and verified.
[36:59.000 --> 37:02.000]  I put it in the DA's hand.
[37:02.000 --> 37:06.000]  Once he touches it, he sticks to it.
[37:06.000 --> 37:08.000]  He's been made known.
[37:08.000 --> 37:11.000]  And then they'll almost always refuse to act on it.
[37:11.000 --> 37:14.000]  They almost always do that immediately.
[37:14.000 --> 37:15.000]  But it doesn't matter.
[37:15.000 --> 37:19.000]  If he does act on it, it will have its effect.
[37:19.000 --> 37:22.000]  You don't have to even get to the Fed.
[37:22.000 --> 37:29.000]  Because the first thing the DA is likely to do is have one of his investigators go look into what's going on.
[37:29.000 --> 37:33.000]  And when the investigator goes to the judge,
[37:33.000 --> 37:38.000]  investigating criminal charges being filed against the judge,
[37:38.000 --> 37:44.000]  the judge is not going to be happy and they're going to absolutely feel vulnerable.
[37:44.000 --> 37:50.000]  When's the judge next up for an election?
[37:50.000 --> 37:51.000]  I don't know.
[37:51.000 --> 37:53.000]  I don't know at her level.
[37:53.000 --> 37:56.000]  At several levels in Washington, we do have elected judges.
[37:56.000 --> 37:59.000]  I don't know if she's elected or not.
[37:59.000 --> 38:01.000]  The Supreme Court judges are elected.
[38:01.000 --> 38:06.000]  No, if she's a county judge, she's almost certainly elected.
[38:06.000 --> 38:11.000]  County judges law, she's almost certainly elected.
[38:11.000 --> 38:16.000]  The thing with politics, perception is everything.
[38:16.000 --> 38:19.000]  It doesn't matter if your complaint's valid or not.
[38:19.000 --> 38:24.000]  When she runs for office again, she can be sure this will come up.
[38:24.000 --> 38:25.000]  And it's like the military.
[38:25.000 --> 38:27.000]  It doesn't matter if you did anything wrong or not.
[38:27.000 --> 38:32.000]  You need to control your court so you don't have these kind of problems.
[38:32.000 --> 38:34.000]  This guy over here, he's not having those kind of problems.
[38:34.000 --> 38:37.000]  What's your deal?
[38:37.000 --> 38:43.000]  So if the prosecutor even investigates it,
[38:43.000 --> 38:48.000]  then that's going to give her warning that you're coming after her.
[38:48.000 --> 38:53.000]  But the DA is the one that asked the judge to do this.
[38:53.000 --> 38:54.000]  Oh, good.
[38:54.000 --> 38:56.000]  That's even better.
[38:56.000 --> 39:02.000]  Then you're going to want to see the investigative report on your complaint.
[39:02.000 --> 39:06.000]  Oh.
[39:06.000 --> 39:12.000]  You want to see the hours that your investigator put in on this complaint
[39:12.000 --> 39:19.000]  and how much time was allotted to it.
[39:19.000 --> 39:25.000]  They're the servants, you're the master.
[39:25.000 --> 39:30.000]  When you go in criminally, you change everything.
[39:30.000 --> 39:35.000]  Nobody does this so they don't know how to deal with it.
[39:35.000 --> 39:40.000]  But the county recently lost a lawsuit about public records
[39:40.000 --> 39:45.000]  and failure to disclose required records under the state laws.
[39:45.000 --> 39:48.000]  And so they've been beat up on that recently.
[39:48.000 --> 39:51.000]  So it's going to make them even more sensitive to it.
[39:51.000 --> 39:53.000]  Perfect.
[39:53.000 --> 39:58.000]  So rub a little salt in their wound.
[39:58.000 --> 40:02.000]  If an information request, if you go to the prosecutor attorney,
[40:02.000 --> 40:08.000]  if the prosecutor attorney refuses to act, you ask for an investigative report.
[40:08.000 --> 40:11.000]  And then they're going to say, well,
[40:11.000 --> 40:14.000]  they're going to try to claim that their investigation is private.
[40:14.000 --> 40:18.000]  Well, I want to see the vouchers for the investigators,
[40:18.000 --> 40:25.000]  how much time was spent by the district attorney's office investigating this.
[40:25.000 --> 40:29.000]  And you don't care if you get it or not.
[40:29.000 --> 40:34.000]  He's telling them that you're going to be taking them apart in tiny pieces.
[40:34.000 --> 40:38.000]  And then when they don't get that, then you just go right past them.
[40:38.000 --> 40:44.000]  Go bushwhack a district judge in his court in his capacity as a magistrate.
[40:44.000 --> 40:47.000]  I did this in Austin.
[40:47.000 --> 40:51.000]  I'd like to go in when they're having motion hearings
[40:51.000 --> 40:55.000]  because they'll hear 50 motions in one day.
[40:55.000 --> 40:57.000]  The lawyers just line up.
[40:57.000 --> 40:58.000]  So there's lots of breaks.
[40:58.000 --> 41:01.000]  It's not like a big trial or something.
[41:01.000 --> 41:06.000]  I did this in Travis County with criminal charges against the district clerk
[41:06.000 --> 41:11.000]  accusing her of secreting criminal charges against the district attorney
[41:11.000 --> 41:16.000]  for not presenting criminal charges against all the highest in judges in Texas
[41:16.000 --> 41:18.000]  to the grand jury.
[41:18.000 --> 41:20.000]  So I go in the courtroom and I walk up to the bar.
[41:20.000 --> 41:23.000]  I always wear a nice suit.
[41:23.000 --> 41:26.000]  Point at the bailiff, you, come here.
[41:26.000 --> 41:27.000]  They hate that.
[41:27.000 --> 41:28.000]  He comes over.
[41:28.000 --> 41:29.000]  May I help you?
[41:29.000 --> 41:30.000]  My name is Randall Kelton.
[41:30.000 --> 41:33.000]  Instruct the judge that I have business with the court.
[41:33.000 --> 41:35.000]  The bailiff says, may I tell him the nature of the business?
[41:35.000 --> 41:36.000]  No, you may not.
[41:36.000 --> 41:38.000]  I have business with the court and it's none of yours.
[41:38.000 --> 41:39.000]  You're dismissed.
[41:39.000 --> 41:41.000]  So I go sit down.
[41:41.000 --> 41:44.000]  Well, the bailiff is furious because lawyers come in there
[41:44.000 --> 41:46.000]  and they're like timid little mouses.
[41:46.000 --> 41:49.000]  You know, they're terrified of these judges.
[41:49.000 --> 41:52.000]  So now that he's wondering who the heck is this guy,
[41:52.000 --> 41:56.000]  he goes up to the judge, whisper, whisper, whisper, and the judge looks out at me
[41:56.000 --> 41:59.000]  and I'm sitting here holding this red folder.
[41:59.000 --> 42:03.000]  He says something to the bailiff and they go about their business.
[42:03.000 --> 42:07.000]  When they finish, the judge said, Mr. Kelton, I understand you have business
[42:07.000 --> 42:10.000]  with the court and this is how it almost always happens.
[42:10.000 --> 42:12.000]  Yes, Your Honor, I do.
[42:12.000 --> 42:13.000]  May I approach?
[42:13.000 --> 42:15.000]  And I hold up the folder.
[42:15.000 --> 42:17.000]  And the judge just can't help himself.
[42:17.000 --> 42:20.000]  He's got to know what's in it.
[42:20.000 --> 42:24.000]  So may I approach means can I either come give this to you
[42:24.000 --> 42:26.000]  or we send the bailiff to retrieve it.
[42:26.000 --> 42:28.000]  Generally, they send the bailiff.
[42:28.000 --> 42:29.000]  But he said, come on up.
[42:29.000 --> 42:32.000]  He was having hearings right at the bench.
[42:32.000 --> 42:35.000]  So I walked up, laid the folder on his desk.
[42:35.000 --> 42:39.000]  When he opened it up, he's looking at criminal charges against the district clerk
[42:39.000 --> 42:46.000]  and against the district attorney and against all the highest judges in Texas.
[42:46.000 --> 42:49.000]  He said, Kelton, these are criminal complaints.
[42:49.000 --> 42:51.000]  Yes, Your Honor, they are.
[42:51.000 --> 42:55.000]  Well, Mr. Kelton, district judges in Travis County don't take criminal complaints.
[42:55.000 --> 42:57.000]  He said, you need to take this to a JP.
[42:57.000 --> 43:00.000]  When I was a JP, I took criminal complaints.
[43:00.000 --> 43:05.000]  I said, well, Your Honor, that's okay because I'm not here to invoke your duty
[43:05.000 --> 43:07.000]  as a district judge.
[43:07.000 --> 43:10.000]  I'm here to invoke your duty as a magistrate,
[43:10.000 --> 43:14.000]  and that's a duty from which you may not shield yourself.
[43:14.000 --> 43:17.000]  And he sat back in his seat and he gave me this look that said,
[43:17.000 --> 43:23.000]  I wonder if I could get away with having the bailiff shoot this guy.
[43:23.000 --> 43:30.000]  Well, that got it to the district clerk and eventually got to the grand jury.
[43:30.000 --> 43:37.000]  But you get to put the district judge on the dime.
[43:37.000 --> 43:41.000]  And this judge looked at what I was doing and knew for certain
[43:41.000 --> 43:44.000]  that I would be coming after him next.
[43:44.000 --> 43:46.000]  This works.
[43:46.000 --> 43:48.000]  Hang on, about to go to break.
[43:48.000 --> 43:54.000]  Randy Kelton, Root of Law Radio, our caller number 512-646-1984.
[43:54.000 --> 44:02.000]  We'll be right back.
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[45:01.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[45:39.000 --> 45:43.000]  about the principles and practices that control our American courts.
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[46:15.000 --> 46:29.000]  Okay, we are back. Randy Kelton, Rule of Law Radio.
[46:29.000 --> 46:33.000]  And Marshall, if I sound like I'm kind of hammering on this,
[46:33.000 --> 46:42.000]  in all my time of dealing with public officials, the one thing that absolutely works,
[46:42.000 --> 46:51.000]  the one thing that is totally out of their control is the private individual who's willing to act
[46:51.000 --> 46:57.000]  as the master of the servant and take the servants to legal task.
[46:57.000 --> 47:06.000]  We are what they fear more than anything. So think about it.
[47:06.000 --> 47:09.000]  Well, we're certainly willing to look into it.
[47:09.000 --> 47:16.000]  One slight question. Because this case is removed to an adjacent county,
[47:16.000 --> 47:23.000]  should I initially file with the prosecutor's office in the county in which I reside,
[47:23.000 --> 47:30.000]  or should I file with the prosecutor's office in the county where the judge is hearing the case?
[47:30.000 --> 47:33.000]  Where the judge is hearing the case.
[47:33.000 --> 47:34.000]  Okay.
[47:34.000 --> 47:38.000]  It'll have the most politics. They all know each other.
[47:38.000 --> 47:41.000]  This prosecutor is going to run straight to the judge and say,
[47:41.000 --> 47:45.000]  I have this guy here trying to get me to prosecute you.
[47:45.000 --> 47:49.000]  And initially, they're not going to think too much of it.
[47:49.000 --> 47:56.000]  But when you go against the prosecutor with a district judge in that same county,
[47:56.000 --> 48:02.000]  that's going to be an oops, whoa, didn't see that coming.
[48:02.000 --> 48:07.000]  And then when that judge refuses to act and you take that judge to the Fed,
[48:07.000 --> 48:12.000]  that district judge is not going to be a happy camper.
[48:12.000 --> 48:17.000]  When he's having to answer questions to the Feds,
[48:17.000 --> 48:25.000]  because of something this lower court judge did, he is not going to be happy.
[48:25.000 --> 48:29.000]  And he will start frowning at everybody.
[48:29.000 --> 48:34.000]  And when the district judge frowns in a county, everybody frowns,
[48:34.000 --> 48:37.000]  especially when it's a small county.
[48:37.000 --> 48:40.000]  Politics has nothing to do with law.
[48:40.000 --> 48:46.000]  The local officials a chance to do the right thing first before we go to the Fed.
[48:46.000 --> 48:48.000]  Exactly.
[48:48.000 --> 48:55.000]  More than that, what it does when you go to the Feds, the Feds are going to say,
[48:55.000 --> 48:59.000]  well, did you try to find remedy in the state?
[48:59.000 --> 49:01.000]  I said, yeah.
[49:01.000 --> 49:05.000]  I did the prosecutor and he did nothing, so I went to the district court
[49:05.000 --> 49:10.000]  against the prosecutor to try to get district court to force the prosecutor to do his job.
[49:10.000 --> 49:13.000]  And he refused to do anything.
[49:13.000 --> 49:18.000]  I'm out of remedy.
[49:18.000 --> 49:21.000]  And they're going to know you set them up.
[49:21.000 --> 49:26.000]  So you go to the, you want to see the special agent in charge.
[49:26.000 --> 49:29.000]  You want to see the SAC.
[49:29.000 --> 49:34.000]  Best you don't go there, you send them a verified criminal complaint to the SAC.
[49:34.000 --> 49:40.000]  And then they will most likely send an FBI agent out to talk to you.
[49:40.000 --> 49:44.000]  But you're not really talking to the FBI agent.
[49:44.000 --> 49:51.000]  You're talking to the SAC through as respondeat superior for the agents.
[49:51.000 --> 49:54.000]  So you hold the SAC responsible for anything the agents do.
[49:54.000 --> 50:00.000]  And when the agents, when you get no action, you give them a week or so,
[50:00.000 --> 50:06.000]  then you file against the SAC with the U.S. attorney.
[50:06.000 --> 50:09.000]  And he is not going to want to go after the special agent in charge
[50:09.000 --> 50:12.000]  because they work together all the time.
[50:12.000 --> 50:18.000]  Problem, he is really in a spot at the moment.
[50:18.000 --> 50:24.000]  When you start going after him, he's likely to go ballistic on everybody below him.
[50:24.000 --> 50:29.000]  You probably won't have to get that far.
[50:29.000 --> 50:34.000]  A good chance this judge will disqualify herself or recuse herself
[50:34.000 --> 50:39.000]  once you're going after her criminally.
[50:39.000 --> 50:40.000]  Okay, this is cheating.
[50:40.000 --> 50:41.000]  Okay.
[50:41.000 --> 50:42.000]  Well, I appreciate that.
[50:42.000 --> 50:45.000]  I appreciate that input, Randy.
[50:45.000 --> 50:48.000]  Well, think about it.
[50:48.000 --> 50:52.000]  It is more powerful than you imagine.
[50:52.000 --> 50:57.000]  And you're not asking them to do anything that the law does not require them to do.
[50:57.000 --> 51:01.000]  So it's absolutely ethical.
[51:01.000 --> 51:06.000]  I would never use this to try to influence a judge to do something
[51:06.000 --> 51:10.000]  other than what the law commands him to do.
[51:10.000 --> 51:11.000]  Never.
[51:11.000 --> 51:17.000]  Because if you tried that, it would not have any effect anyway.
[51:17.000 --> 51:21.000]  But when you're just trying to get the judge to follow the law as it's written,
[51:21.000 --> 51:26.000]  they got no way out from under this.
[51:26.000 --> 51:29.000]  So think about it.
[51:29.000 --> 51:34.000]  It looks like the judge is not cutting you guys any slack anyway,
[51:34.000 --> 51:39.000]  so you don't have much to lose.
[51:39.000 --> 51:41.000]  Yep, we will give it careful consideration.
[51:41.000 --> 51:44.000]  I do appreciate your advice.
[51:44.000 --> 51:45.000]  Okay.
[51:45.000 --> 51:46.000]  Good luck.
[51:46.000 --> 51:49.000]  Let us know how things work out.
[51:49.000 --> 51:50.000]  Have a good one.
[51:50.000 --> 51:51.000]  Okay.
[51:51.000 --> 51:52.000]  Thank you, Marshall.
[51:52.000 --> 51:53.000]  Okay.
[51:53.000 --> 51:58.000]  Now we're going to go to George in Texas.
[51:58.000 --> 51:59.000]  Wait a minute.
[51:59.000 --> 52:00.000]  Hold on.
[52:00.000 --> 52:01.000]  Not George in Texas.
[52:01.000 --> 52:02.000]  Rhonda was first.
[52:02.000 --> 52:03.000]  Rhonda in Missouri.
[52:03.000 --> 52:05.000]  Hello, Rhonda.
[52:05.000 --> 52:09.000]  Yes, I was calling with a couple of questions.
[52:09.000 --> 52:12.000]  One, you mentioned something about a case called Screws.
[52:12.000 --> 52:15.000]  What was the name of that case?
[52:15.000 --> 52:21.000]  Screws is 325 U.S. 91.
[52:21.000 --> 52:26.000]  Screws v. U.S.
[52:26.000 --> 52:28.000]  I love that case.
[52:28.000 --> 52:32.000]  I go into court on a traffic issue.
[52:32.000 --> 52:36.000]  The officer testifies, then I get him on cross.
[52:36.000 --> 52:38.000]  I stand up.
[52:38.000 --> 52:42.000]  Officer Trumbull, are you insane?
[52:42.000 --> 52:45.000]  Objection, objection.
[52:45.000 --> 52:48.000]  And then I quote Screws to him.
[52:48.000 --> 52:55.000]  The judge was trying to keep from laughing out loud when he ordered the officer to answer the question.
[52:55.000 --> 53:03.000]  I said, Your Honor, I'm going to show that the officer failed to act in accordance with strict law.
[53:03.000 --> 53:07.000]  And he's going to claim that he didn't know it was the law.
[53:07.000 --> 53:15.000]  So before I get that argument, I need to determine if he's actually sane in accordance with Screws.
[53:15.000 --> 53:21.000]  And the judge is trying to keep from laughing when he told the officer to answer, no, I'm not insane.
[53:21.000 --> 53:27.000]  Okay. So now he cannot claim he does not know the law.
[53:27.000 --> 53:29.000]  Okay.
[53:29.000 --> 53:31.000]  You have fun with that one.
[53:31.000 --> 53:33.000]  Okay. Thanks.
[53:33.000 --> 53:37.000]  Okay. Now, I want to follow up on the court.
[53:37.000 --> 53:38.000]  Wait a minute.
[53:38.000 --> 53:39.000]  Hold on.
[53:39.000 --> 53:41.000]  Back the mic a little away from your mouth.
[53:41.000 --> 53:43.000]  You're distorting.
[53:43.000 --> 53:46.000]  Okay.
[53:46.000 --> 53:51.000]  Move it down by your chin so it's not directly in front of your mouth. It'll probably work better.
[53:51.000 --> 53:53.000]  Okay. Is that better?
[53:53.000 --> 53:55.000]  Oh, that's much better.
[53:55.000 --> 53:57.000]  Okay.
[53:57.000 --> 54:05.000]  I want to follow up on the court claim against federal court judges and attorneys and clerks.
[54:05.000 --> 54:14.000]  And I was listening to a legal education show and follow up on the court while I came under the color law.
[54:14.000 --> 54:26.000]  And they were suggesting that you send, say, your lawsuit, say, with the certificate of service, you know, notify all, you know,
[54:26.000 --> 54:36.000]  say the U.S. attorney, the FBI, and whatever, all of them at once.
[54:36.000 --> 54:43.000]  And if so, what effect do you think that that would have, or are you suggesting not to?
[54:43.000 --> 54:48.000]  No, do not do that. They'll all get together, look at it, throw it in the trash.
[54:48.000 --> 54:49.000]  Okay.
[54:49.000 --> 54:51.000]  Been there, done that.
[54:51.000 --> 54:53.000]  Okay.
[54:53.000 --> 55:03.000]  So what we do is you invoke the duty of each officer individually.
[55:03.000 --> 55:04.000]  Okay.
[55:04.000 --> 55:06.000]  We call it running the routine on them.
[55:06.000 --> 55:16.000]  You go to the prosecuting attorney with a complaint against an official, and the prosecuting attorney refuses to act.
[55:16.000 --> 55:27.000]  So you go to the district judge with a complaint against the prosecuting attorney, not against the original person.
[55:27.000 --> 55:34.000]  You file against the prosecuting attorney and accuse the prosecutor of shielding from prosecution.
[55:34.000 --> 55:40.000]  So all of a sudden, you've got his career in a ringer.
[55:40.000 --> 55:44.000]  Now you're coming after him directly.
[55:44.000 --> 55:52.000]  I once handed a, I pulled this routine on a county judge, walked up to the baby,
[55:52.000 --> 55:54.000]  instructed the judge that I have business with the court.
[55:54.000 --> 55:55.000]  May I tell him the nature of the business?
[55:55.000 --> 55:56.000]  No, you may not.
[55:56.000 --> 55:57.000]  I have business with the court.
[55:57.000 --> 55:59.000]  It's none of yours.
[55:59.000 --> 56:04.000]  He said, okay, he tells the judge, the judge finishes the hearing.
[56:04.000 --> 56:09.000]  He said, Mr. Kelton, I understand you have business with the court.
[56:09.000 --> 56:10.000]  Yes, I do.
[56:10.000 --> 56:11.000]  May I approach?
[56:11.000 --> 56:12.000]  I'll hold up the folder.
[56:12.000 --> 56:15.000]  He sends a bail if he comes and gets it.
[56:15.000 --> 56:22.000]  He opened the folder, and he's looking at complaints against a JP prosecuting attorney.
[56:22.000 --> 56:28.000]  I had about, it was a hundred page presentment, and I had followed this exact routine.
[56:28.000 --> 56:32.000]  And the judge read, he said, Mr. Kelton, are you in a hurry?
[56:32.000 --> 56:33.000]  I said, no, you are not.
[56:33.000 --> 56:35.000]  I've got all day.
[56:35.000 --> 56:38.000]  He said, well, do you mind if I take some time to go out and read this?
[56:38.000 --> 56:39.000]  By all means.
[56:39.000 --> 56:42.000]  He goes out for about an hour and a half, comes back.
[56:42.000 --> 56:54.000]  He read the accusations, and he said, Mr. Kelton, am I to understand that if I don't act on these in a way that you construe to be appropriate,
[56:54.000 --> 56:58.000]  that you're prepared to file criminal charges against me?
[56:58.000 --> 57:07.000]  I said, you know, I kind of felt the hammer about to fall on me, but if you're in for a penny, you're in for a pound.
[57:07.000 --> 57:13.000]  So I said, with all due respect, Your Honor, in a heartbeat.
[57:13.000 --> 57:16.000]  He got it.
[57:16.000 --> 57:18.000]  He understood what I was doing.
[57:18.000 --> 57:22.000]  I'm setting them all up.
[57:22.000 --> 57:25.000]  That's why you go to one at a time.
[57:25.000 --> 57:33.000]  You hit the first, you start at the bottom, and each next step, you file against the person you just left.
[57:33.000 --> 57:37.000]  And each time you take a step up, it gets more serious.
[57:37.000 --> 57:43.000]  You've got more people engaged, much better than sending it to everybody at once.
[57:43.000 --> 57:45.000]  Does that make sense?
[57:45.000 --> 57:51.000]  When you say go through those steps, are you calling that the criminal complaint or the lawsuit?
[57:51.000 --> 57:55.000]  Criminal complaint.
[57:55.000 --> 57:56.000]  Wait, wait, wait, hold on.
[57:56.000 --> 57:58.000]  We're about to go to break.
[57:58.000 --> 58:00.000]  This is, go ahead.
[58:00.000 --> 58:02.000]  We've got 30 seconds.
[58:02.000 --> 58:04.000]  J.T., what is that initial?
[58:04.000 --> 58:06.000]  The justice of the peace.
[58:06.000 --> 58:08.000]  Oh, okay.
[58:08.000 --> 58:11.000]  I think you have those in Missouri.
[58:11.000 --> 58:13.000]  It's the lowest level, Judge.
[58:13.000 --> 58:19.000]  It will be the county court that hears traffic tickets, the lowest level.
[58:19.000 --> 58:22.000]  The only thing lower is a municipal judge.
[58:22.000 --> 58:25.000]  So you want to start at the bottom and work your way up.
[58:25.000 --> 58:26.000]  Hang on.
[58:26.000 --> 58:29.000]  Brandon Kelton, Wheel of Law Radio.
[58:29.000 --> 58:32.000]  I call it number 512-646-1984.
[58:32.000 --> 58:50.000]  We'll be right back.
[58:50.000 --> 59:03.000]  We'll be right back.
[59:03.000 --> 59:31.000]  We'll be right back.
[59:33.000 --> 01:00:02.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:02.000 --> 01:00:07.000]  The following use flash is brought to you by the Lone Star Lowdown,
[01:00:07.000 --> 01:00:10.000]  providing the jelly bulletins for the commodities market.
[01:00:10.000 --> 01:00:23.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[01:00:23.000 --> 01:00:30.000]  Markets for Wednesday, the 30th of November, 2016, are currently trading with gold at $1,173 an ounce,
[01:00:30.000 --> 01:00:36.000]  silver $16.47 an ounce, Texas crude $45.23 a barrel,
[01:00:36.000 --> 01:00:46.000]  and Bitcoin is currently sitting at about $742 U.S. currency.
[01:00:46.000 --> 01:00:53.000]  Today in history, the year 1998, Exxon and Mobil signed a $73.7 billion merger agreement,
[01:00:53.000 --> 01:01:02.000]  in effect creating Exxon Mobil, the world's largest company today in history.
[01:01:02.000 --> 01:01:09.000]  In recent news, Abdul Razak Ali Artan, a Somalian-born U.S. resident and student at Ohio State University,
[01:01:09.000 --> 01:01:15.000]  drove into a group of people and started stabbing them before he was fatally shot by a university officer Monday morning.
[01:01:15.000 --> 01:01:18.000]  Eleven people were injured, including one in critical condition.
[01:01:18.000 --> 01:01:22.000]  Authorities and the FBI are investigating whether the attack was a terrorist act.
[01:01:22.000 --> 01:01:27.000]  The university issued a series of tweets warning students that there was an active shooter,
[01:01:27.000 --> 01:01:30.000]  causing confusion on campus near the engineering building.
[01:01:30.000 --> 01:01:35.000]  It was Officer Alan Haruchko who fatally shot Abdul Artan after he drove over a curb
[01:01:35.000 --> 01:01:38.000]  and then got out of his vehicle and began attacking people with a butcher knife.
[01:01:38.000 --> 01:01:44.000]  Luckily, the officer was able to respond quickly since he was already nearby because of a gas leak in the area.
[01:01:44.000 --> 01:01:49.000]  Columbus Police Chief Tim Jacobs, when asked if it was considered a terrorist attack, said,
[01:01:49.000 --> 01:01:53.000]  I think we have to consider that it is. Federal law enforcement officials have recently brought attention
[01:01:53.000 --> 01:01:58.000]  to concerns of terrorist propaganda which encourages knife and car attacks
[01:01:58.000 --> 01:02:06.000]  because they're easier to pull off than bombings.
[01:02:06.000 --> 01:02:10.000]  The Texas legislator approved new rules this week which go into effect on December 19th,
[01:02:10.000 --> 01:02:13.000]  requiring facilities which perform abortions to bury the fetal remains
[01:02:13.000 --> 01:02:18.000]  instead of disposing them in a sanitary landfill like other forms of biological medical waste.
[01:02:18.000 --> 01:02:23.000]  The new regulations do allow for the option of the fetal remains being stemmed disinfected beforehand.
[01:02:23.000 --> 01:02:28.000]  Texas Governor wrote in an email back in July which the Tribune published in full that,
[01:02:28.000 --> 01:02:33.000]  I believe it is imperative to establish higher standards that reflect our respect for the sanctity of life.
[01:02:33.000 --> 01:02:38.000]  This is why Texas will require clinics and hospitals to bury or cremate human and fetal remains.
[01:02:38.000 --> 01:02:43.000]  I don't believe human and fetal remains should be treated like medical waste and disposed of in landfills.
[01:02:43.000 --> 01:02:46.000]  Indiana and Louisiana passed similar measures this year.
[01:02:46.000 --> 01:02:53.000]  However, neither state has put the new rules into effect amid continuing legal challenges.
[01:02:53.000 --> 01:03:20.000]  This is Rick Roady with your Lowdown for November 30th, 2016.
[01:03:20.000 --> 01:03:31.000]  Okay, we are back. Randy Kelton, Wheel of Law Radio, and we're talking to George in Texas.
[01:03:31.000 --> 01:03:35.000]  No, no, no. I'm sorry, George. I was talking to Rhonda in Missouri.
[01:03:35.000 --> 01:03:45.000]  You got switched on my board. I'm sorry. I'll get to you in just a moment. I'm brain dead.
[01:03:45.000 --> 01:03:47.000]  Big question.
[01:03:47.000 --> 01:03:51.000]  Okay, Rhonda. I'm sorry. I went to the wrong one.
[01:03:51.000 --> 01:04:00.000]  Okay. Now, before the criminal complaint, wouldn't you suggest that the declaratory judgment come first?
[01:04:00.000 --> 01:04:08.000]  Okay. Hold on. Did you just get a ruling against you?
[01:04:08.000 --> 01:04:11.000]  Well, this is a case—
[01:04:11.000 --> 01:04:14.000]  Oh, no. Hold on. Tell me what's going on here.
[01:04:14.000 --> 01:04:19.000]  Well, I have a case that went all the way to the U.S. Supreme Court,
[01:04:19.000 --> 01:04:27.000]  and I believe that the judge didn't rule properly through everything.
[01:04:27.000 --> 01:04:32.000]  You know, I was—the court made an entry for the default judgment,
[01:04:32.000 --> 01:04:38.000]  but the judge will not grant me the motion for a default judgment.
[01:04:38.000 --> 01:04:47.000]  Oh, okay. Okay. So what's the nature? Is it no answer default?
[01:04:47.000 --> 01:04:53.000]  Well, it was against two defendants, and one was, yes, no answer.
[01:04:53.000 --> 01:04:56.000]  Okay. Then you have a right to that.
[01:04:56.000 --> 01:05:05.000]  If the judge is hearing, then go to the court of appeals and petition the court of appeals for a writ of mandamus.
[01:05:05.000 --> 01:05:08.000]  Mandamus, meaning mandate.
[01:05:08.000 --> 01:05:19.000]  You ask the court of appeals to order this judge to do what the law commands the judge to do in a matter of no answer default.
[01:05:19.000 --> 01:05:21.000]  If you have proof of service—
[01:05:21.000 --> 01:05:24.000]  You're not being sent to the U.S. Supreme Court?
[01:05:24.000 --> 01:05:31.000]  No. Okay. Hold on. You jumped to the Supreme.
[01:05:31.000 --> 01:05:37.000]  Which court denied you default judgment? Was this the original trial court?
[01:05:37.000 --> 01:05:40.000]  The federal. The federal.
[01:05:40.000 --> 01:05:43.000]  Was it the original trial court?
[01:05:43.000 --> 01:05:44.000]  Yes.
[01:05:44.000 --> 01:05:55.000]  Okay. Then go to the—whatever circuit court you're in, the circuit court of appeals, and ask them for a writ of mandamus.
[01:05:55.000 --> 01:05:58.000]  You have a right to a default judgment.
[01:05:58.000 --> 01:06:03.000]  The judge failed to do something that he's required to do by law.
[01:06:03.000 --> 01:06:10.000]  You ask the court of appeals to order the judge to grant your default judgment.
[01:06:10.000 --> 01:06:14.000]  Okay. One question.
[01:06:14.000 --> 01:06:27.000]  Has the party against whom you're trying to get a default filed any kind of answer with the court, even if it was late?
[01:06:27.000 --> 01:06:30.000]  What was that again? You say what?
[01:06:30.000 --> 01:06:42.000]  Did the party against whom you're trying to secure a default judgment file any kind of answer, even if it was out of time?
[01:06:42.000 --> 01:06:54.000]  What they did was they had someone else to come, what would you call it, third party interloper?
[01:06:54.000 --> 01:06:56.000]  Intervener, yeah.
[01:06:56.000 --> 01:07:00.000]  Oh, okay. I thought it was an interloper.
[01:07:00.000 --> 01:07:06.000]  Okay. That doesn't help them.
[01:07:06.000 --> 01:07:19.000]  So what I'm getting at is if they have a certain number of days to respond and they don't respond within that number of days, you have a right to default judgment.
[01:07:19.000 --> 01:07:43.000]  However, if between the time their clock ran out and the time you can get an order, a response is filed, you can no longer get a default judgment, even if it's out of time.
[01:07:43.000 --> 01:07:50.000]  However, what you can get is a summary judgment.
[01:07:50.000 --> 01:07:56.000]  And it's merely a matter, your rights stay the same.
[01:07:56.000 --> 01:08:04.000]  You just file a different motion with the court. Instead of asking for default, you would ask for summary judgment.
[01:08:04.000 --> 01:08:13.000]  That's why I asked the question, if you filed for default, and after you file for default, the other side filed an answer, you can no longer get default.
[01:08:13.000 --> 01:08:26.000]  Now you have to refile and ask for summary judgment, ask the court to strike the answer as out of time and ask for summary judgment. Does that make sense?
[01:08:26.000 --> 01:08:33.000]  Well, I haven't heard it like that, but I'm going to consider all.
[01:08:33.000 --> 01:08:44.000]  Okay. If they filed anything that could be construed as an answer, that negates default, but you still have the same right.
[01:08:44.000 --> 01:08:51.000]  You just have to call it summary judgment.
[01:08:51.000 --> 01:09:06.000]  Well, I thank you. And just one last question. When you was talking to Olivia, you mentioned something about 83 suits. I know I didn't catch the last of that. Okay. 42 U.S. Code 1983.
[01:09:06.000 --> 01:09:15.000]  Okay, then. And I thank you and you have a good day. Okay, thank you. Now we're going to go to George in Texas. Hello, George.
[01:09:15.000 --> 01:09:24.000]  Hello. Can you hear me all right? Yes, I can. Okay, great.
[01:09:24.000 --> 01:09:33.000]  I have a friend who he took a plea deal in criminal court for three charges of marijuana delivery.
[01:09:33.000 --> 01:10:02.000]  So he has three felonies now. But the issue is his girlfriend now has a charge of engaging in organized criminal activity, but she never did any of that stuff, but they did share a house.
[01:10:02.000 --> 01:10:18.000]  And this guy is no longer the DA who filed the charge like that. It just seems like he is only trying to bother them, you know. I was wondering what the options might be.
[01:10:18.000 --> 01:10:38.000]  Okay, there's really not enough information for me to say anything definitive. But what I can say is that it is a common practice for prosecutors to use anything they can to force someone to take a deal.
[01:10:38.000 --> 01:10:53.000]  So this woman lives with this guy and he's accused of a crime. So they go accuse her of something, and then they go back to him and say, okay, you cop a plea, we'll drop the charges against her.
[01:10:53.000 --> 01:11:01.000]  When they know the charges against her, they would never be able to prove. They don't care.
[01:11:01.000 --> 01:11:17.000]  They cheat. Right. Yeah, and that does seem to be what happened, although these state charges, this charge against her came after he already made the deal.
[01:11:17.000 --> 01:11:37.000]  Now he does have another pending federal charge for something else, but do you think those might be related to making a federal charge? Wait a minute. Is the organized crimes claim against this woman federal or state?
[01:11:37.000 --> 01:11:45.000]  It's a state. It's 71.02. Okay. Have you read 71.02?
[01:11:45.000 --> 01:11:58.000]  Yes. Okay. It says in order to charge someone with organized crime, they have to be part of an ongoing criminal enterprise.
[01:11:58.000 --> 01:12:16.000]  There must be a recognizable hierarchy. It's really hard to accuse one person of organized crime. Are there other people accused of organized crime as well?
[01:12:16.000 --> 01:12:32.000]  No. I mean, that's why I think they're just trying to bother them because he already pleaded to his things. The crimes are no longer ongoing. They're just trying to, I don't even really understand it, but seems to be happening.
[01:12:32.000 --> 01:12:40.000]  Okay. So he's already taken a deal. They've obviously got something against her.
[01:12:40.000 --> 01:12:55.000]  No, they have nothing because she, well, I mean, they couldn't possibly because she was not involved in any of that. I mean, she knew it was going on obviously, but she didn't do any deals or anything like that.
[01:12:55.000 --> 01:13:11.000]  Okay. I don't have enough information to be able to comment effectively with all due respect to your friend and his girlfriend. When people have issues of this type, they never tell you everything.
[01:13:11.000 --> 01:13:31.000]  And it's not always deliberate. When you talk to somebody about your difficulties, you want people to sympathize with you. So you tell them the part that sounds good for you and your mind just tends not to bring up the ugly stuff.
[01:13:31.000 --> 01:13:50.000]  I have people on the show that call in and they've got these problems and they sound outrageous. But when I start questioning them, the details come out and they're not quite so outrageous by the time I get all the details.
[01:13:50.000 --> 01:14:07.000]  So there's a good chance you're not getting all the story. For them to charge her with something as obscure as the organized crime statute, there's got to be something pretty serious back there.
[01:14:07.000 --> 01:14:09.000]  Something you probably don't know about.
[01:14:09.000 --> 01:14:19.000]  Kind of just a grudge. That could be, she did mention though that they would use the same phone. So maybe that's like the evidence.
[01:14:19.000 --> 01:14:30.000]  That'll do it. That ties you pretty close and it's probably more than that.
[01:14:30.000 --> 01:14:42.000]  If they funneled money through the same account, they live in the same house, funnel money through the same account, use the same credit cards, debit cards, use the same phone.
[01:14:42.000 --> 01:14:50.000]  It'll be hard for her to say, oh, I didn't know any of this stuff was going on.
[01:14:50.000 --> 01:14:51.000]  Right.
[01:14:51.000 --> 01:14:56.000]  Well, I mean, she knew obviously is that enough to be complicit?
[01:14:56.000 --> 01:15:17.000]  Yes. If you have knowledge of a felony and you don't report the felony, you committed a misdemeanor. I'm trying to remember the exact statute. I think it's 37.171, 37 or 38.171.
[01:15:17.000 --> 01:15:23.000]  Okay. And what about the fact that it's no longer ongoing?
[01:15:23.000 --> 01:15:30.000]  There's no difference. The crime was complete at the time.
[01:15:30.000 --> 01:15:42.000]  Just like saying that guy was driving drunk, but he's not in the car anymore, so you shouldn't prosecute him. And that won't matter.
[01:15:42.000 --> 01:15:49.000]  As long as they're within the statute of limitations.
[01:15:49.000 --> 01:15:58.000]  Okay. All right. Well, thanks. Are you answering my questions? Yeah. Okay.
[01:15:58.000 --> 01:16:06.000]  I'm sorry I couldn't give you really good news, but we don't really have enough information.
[01:16:06.000 --> 01:16:09.000]  I just don't think we have everything.
[01:16:09.000 --> 01:16:16.000]  I was trying to, if I had a copy of the complaint, that probably wouldn't have anything.
[01:16:16.000 --> 01:16:21.000]  It would probably be helpful.
[01:16:21.000 --> 01:16:30.000]  Okay. Yeah, she said the discovery thing is that they shared a phone.
[01:16:30.000 --> 01:16:40.000]  If they shared a phone, they probably shared other things that tied them together. If they shared a bank account, she's absolutely screwed.
[01:16:40.000 --> 01:16:46.000]  Okay. Well, thank you for the information.
[01:16:46.000 --> 01:16:55.000]  Okay. Thank you, George. Okay. This is Randy Kelton, Rue of La Radio. I call it number 512-646-1984.
[01:16:55.000 --> 01:17:10.000]  Rob Barrett, we'll try to get to both of you. We'll be right back.
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[01:19:11.000 --> 01:19:26.000]  Oh, come on. Okay, we are back. We're at La Radio and we're going to Rob in New Mexico.
[01:19:26.000 --> 01:19:38.000]  Hello, Rob. We just talked about you last night on the air. Did you? And we laughed and we laughed.
[01:19:38.000 --> 01:19:43.000]  I will have to look for the archive of that. I missed it.
[01:19:43.000 --> 01:19:51.000]  Okay, I just referenced it. I was talking to someone in New Mexico and I told him about you in New Mexico,
[01:19:51.000 --> 01:19:58.000]  but I warned him that you were a truck driver and you breathe too many of those diesel fumes and it caused deadheading.
[01:19:58.000 --> 01:20:09.000]  I do. I do. It's true. All of that is true. I know you've got one more guy after me, so I'm not going to tell a big long story,
[01:20:09.000 --> 01:20:19.000]  but I've got two questions for you. Okay, you know, I sued the second Estro Compensation Act and I lost.
[01:20:19.000 --> 01:20:31.000]  They filed a motion to reconsider based on some subsequent information, but my question is when they answered that suit,
[01:20:31.000 --> 01:20:39.000]  the attorney filed a counterclaim for attorney fees. Is he a debt collector?
[01:20:39.000 --> 01:20:54.000]  Wait, say that again. Is he a debt collector? No, because he is the one that actually accrued the debt.
[01:20:54.000 --> 01:21:03.000]  So, no, he's not a debt collector. If he gets someone else to collect that for him, they will be a debt collector.
[01:21:03.000 --> 01:21:13.000]  Yeah, we've got that. We've got an attorney that entered an appearance through the judgment and he's claiming to be acting on the case.
[01:21:13.000 --> 01:21:24.000]  I'm like, you're a debt collector, dude. You can treat him like he's a debt collector and let him argue that he isn't.
[01:21:24.000 --> 01:21:33.000]  Oh, I am. And not only am I treating him like he's a debt collector, but I also filed a motion challenging his authority to act
[01:21:33.000 --> 01:21:40.000]  because there's no evidence of him being appointed by the actual defendant.
[01:21:40.000 --> 01:21:49.000]  And when I filed my Rule 60 motion to reconsider and my motion for sanctions against the defendant and the original attorney,
[01:21:49.000 --> 01:21:55.000]  I'm not sure of him because he's the attorney of record. Did you bar-grieve this guy?
[01:21:55.000 --> 01:22:02.000]  Yeah. Yeah, I got a list of 10 of them that I'm parceling out.
[01:22:02.000 --> 01:22:13.000]  This lawyer is going to have a hard time collecting. When you start bar-grieving every lawyer he sends to you.
[01:22:13.000 --> 01:22:21.000]  Yeah. Okay. You didn't get to a question yet. I've got them in federal court too under FDCPA
[01:22:21.000 --> 01:22:29.000]  because they can be a defendant as a debt collector even if the attorney tried to get attorney's fees and it wasn't.
[01:22:29.000 --> 01:22:45.000]  Okay. Now, in my other state case, a real escrow company, they sent me, they asked a bunch of questions about an insurance policy.
[01:22:45.000 --> 01:22:51.000]  And you remember this all goes back to what may have been a misunderstanding about insurance,
[01:22:51.000 --> 01:23:01.000]  but they refused to even look at it and tried to default me. In discovery, they presented me with an insurance policy
[01:23:01.000 --> 01:23:08.000]  that I knew nothing about and asked me to answer questions about it and admit to it.
[01:23:08.000 --> 01:23:15.000]  And I did not want anything about it and told them that I have no knowledge of this insurance policy.
[01:23:15.000 --> 01:23:21.000]  Now, they just filed a motion for summary judgment. And in their motion for summary judgment, they say,
[01:23:21.000 --> 01:23:34.000]  what's strange is that the plaintiff did obtain insurance but never gave us information about it, citing that insurance policy.
[01:23:34.000 --> 01:23:41.000]  Wait a minute. I missed some of that. The plaintiff did what?
[01:23:41.000 --> 01:23:51.000]  Me, the plaintiff, they said in their motion for summary judgment that I did get insurance but never gave them the information about it.
[01:23:51.000 --> 01:23:59.000]  And they cited this insurance policy that I did not get and don't know anything about.
[01:23:59.000 --> 01:24:06.000]  Did you petition to strike and charge them with aggravated perjury?
[01:24:06.000 --> 01:24:13.000]  I guess that was my question. No, I did not. I said in my opposition and in my motion for summary judgment
[01:24:13.000 --> 01:24:17.000]  that I know nothing about this insurance policy and that I already told them that.
[01:24:17.000 --> 01:24:28.000]  Now, I sent the attorney two e-mails asking him for handcuffs. He said my response is discovery. He is not responding.
[01:24:28.000 --> 01:24:42.000]  They didn't bar-grieve him. And you might consider just for yucks looking at a malpractice suit against the attorney, the lawyer.
[01:24:42.000 --> 01:25:02.000]  What was that? That was Mackie with the vacation in Texas for the plaintiff sued the other party's attorney.
[01:25:02.000 --> 01:25:12.000]  Wait a minute. I'm having to move the mic down by your chin. You're distorting the mic. I'm having trouble understanding you.
[01:25:12.000 --> 01:25:17.000]  Sorry. It was Santiago V. Mackie. That's the one I was trying to think of.
[01:25:17.000 --> 01:25:29.000]  Yes. Santiago V. Mackie. If I remember right, Mackie was an idiot in the case.
[01:25:29.000 --> 01:25:40.000]  They asked to see the original security instrument. Mackie said, sure, come on down. I got it here at my office.
[01:25:40.000 --> 01:25:48.000]  So the lawyer comes on down to the office and they show him a copy.
[01:25:48.000 --> 01:26:12.000]  And so Santiago goes away and then files suit against Mackie. And the only argument Mackie made in his defense was that as a lawyer for the plaintiff, he was immune from suit.
[01:26:12.000 --> 01:26:23.000]  And the court said, no, you're not. That was his only argument in his defense. He didn't give the court anything to hang their hat on.
[01:26:23.000 --> 01:26:37.000]  He could have said we gave what was an exact replication of the original as it exists today.
[01:26:37.000 --> 01:26:47.000]  And Santiago would say, well, that's not sufficient. They would say, yeah, it is sufficient. But at least to give the judge something to hang his hat on, they gave him nothing.
[01:26:47.000 --> 01:26:55.000]  They just said we're immune. And they said, no, we're not. That's Santiago V. Mackie.
[01:26:55.000 --> 01:27:10.000]  I got a similar one. When the second escrow servicer got summary judgment, one of my claims was that they had never produced the contract and deeds for my viewing and inspection.
[01:27:10.000 --> 01:27:18.000]  And they said that they had them and that I could come down and see them at any time. And that's what they told the judge.
[01:27:18.000 --> 01:27:30.000]  And he said, OK, well, that's fine. You have them, you know, done. And I found out about two weeks afterwards that they did not have them and either had never had them or got rid of them sometime during the case.
[01:27:30.000 --> 01:27:40.000]  Then you might do, well, first thing to do is file aggravated perjury charges against them with the DA.
[01:27:40.000 --> 01:27:45.000]  Yeah, I'm going for that. I've already got that sworn out. I need that mailed.
[01:27:45.000 --> 01:27:56.000]  And then look at a malpractice suit for whatever you lost in the case because of your perjurious statements you sued the lawyers for.
[01:27:56.000 --> 01:28:07.000]  And when you sue the lawyers, the insurance company pretty well dictates what goes on.
[01:28:07.000 --> 01:28:12.000]  And they're likely to make a settlement with you.
[01:28:12.000 --> 01:28:18.000]  Well, that that's actually the attorney that I was initially asked if he was a debt collector.
[01:28:18.000 --> 01:28:23.000]  So I can't sue him as a debt collector, but I can sue him for malpractice.
[01:28:23.000 --> 01:28:29.000]  Yeah. And for three times the amount that he cost you.
[01:28:29.000 --> 01:28:31.000]  Sounds good to me.
[01:28:31.000 --> 01:28:35.000]  OK.
[01:28:35.000 --> 01:28:38.000]  Well, have fun with it.
[01:28:38.000 --> 01:28:44.000]  OK. Now we're going to go to Barrett in Arizona. Hello, Barrett.
[01:28:44.000 --> 01:28:48.000]  Yeah. Hi. Let me turn off my speakerphone.
[01:28:48.000 --> 01:28:54.000]  All right. OK. I just I'm suing this judge.
[01:28:54.000 --> 01:29:09.000]  And I got this letter October 25th, 2016 says, Dear Mr. Norcross, your notice of claim against the city of Tucson has been received by our office.
[01:29:09.000 --> 01:29:16.000]  We are in the process of obtaining information to evaluate your claim.
[01:29:16.000 --> 01:29:24.000]  And as soon as our investigation is complete, we will be OK. Hold on. Hold on. Let me take a step back.
[01:29:24.000 --> 01:29:30.000]  Is this the result of a suit or a tort letter?
[01:29:30.000 --> 01:29:36.000]  Proclaim against the judge of the city of Tucson, Arizona.
[01:29:36.000 --> 01:29:39.000]  OK. So it's like a hold on. We're about to go to break.
[01:29:39.000 --> 01:29:48.000]  We'll pick this up on the other side. Randy Kelton, Rue La Radio, I call it number 512-646-1984.
[01:29:48.000 --> 01:30:03.000]  We'll be right back.
[01:30:03.000 --> 01:30:10.000]  Old enough to remember air raid drills. We all remember fire drills. And being from L.A., I remember earthquake drills.
[01:30:10.000 --> 01:30:16.000]  But now kids are getting terror drills. I'm Dr. Catherine Albrecht, back with details in a moment.
[01:30:16.000 --> 01:30:22.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:30:22.000 --> 01:30:26.000]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:30:26.000 --> 01:30:32.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:30:32.000 --> 01:30:38.000]  Privacy. It's worth hanging on to. This public service announcement is brought to you by Startpage.com,
[01:30:38.000 --> 01:30:45.000]  the private search engine alternative to Google, Yahoo, and Bing. Start over with Startpage.
[01:30:45.000 --> 01:30:52.000]  Believe it or not, kindergarten and first grade students are now required by law to participate in monthly terrorism drills,
[01:30:52.000 --> 01:31:00.000]  including active shooter lockdowns, bomb threats, and evacuation exercises. Active shooter lockdowns in kindergarten?
[01:31:00.000 --> 01:31:04.000]  Do we really need mock SWAT teams traumatizing a generation of youngsters?
[01:31:04.000 --> 01:31:10.000]  If anything, these drills will just give terrorists a blueprint to increase casualties and plot their escape.
[01:31:10.000 --> 01:31:15.000]  Scaring kids into seeing terrorists under every rock is a bad psychological move for our nation.
[01:31:15.000 --> 01:31:19.000]  But it does ensure funding for the wasteful liberty-stealing war on terror.
[01:31:19.000 --> 01:31:24.000]  It also guarantees that our kids will grow up into fierce, subdued, compliant adults.
[01:31:24.000 --> 01:31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.000 --> 01:31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.000 --> 01:31:43.000]  The government says that fire brought it down. However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.000 --> 01:31:46.000]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.000 --> 01:31:49.000]  Thousands of my fellow first responders are dying.
[01:31:49.000 --> 01:31:51.000]  I'm not a conspiracy theorist. I'm a structural engineer.
[01:31:51.000 --> 01:31:53.000]  I'm a New York City correction officer. I'm an Air Force pilot.
[01:31:53.000 --> 01:31:55.000]  I'm the father who lost his son.
[01:31:55.000 --> 01:31:58.000]  We're Americans, and we deserve the truth.
[01:31:58.000 --> 01:32:01.000]  Go to RememberBuilding7.org today.
[01:32:01.000 --> 01:32:03.000]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:03.000 --> 01:32:06.000]  Did your home receive hail or wind damage from the recent storms?
[01:32:06.000 --> 01:32:11.000]  Come on, we all know the government caused it with their chemtrails, but good luck getting them to pay for it.
[01:32:11.000 --> 01:32:14.000]  Okay, I might be kidding about the chemtrails, but I'm serious about your roof.
[01:32:14.000 --> 01:32:21.000]  That's why you have insurance, and Hill Country Home Improvements can handle the claim for you with little to no out-of-pocket expense.
[01:32:21.000 --> 01:32:26.000]  And we accept Bitcoin as a multi-year A-plus member of the Better Business Bureau with zero complaints.
[01:32:26.000 --> 01:32:32.000]  You can trust Hill Country Home Improvements to handle your claim and your roof right the first time.
[01:32:32.000 --> 01:32:38.000]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[01:32:38.000 --> 01:32:45.000]  Mention the crypto show and get $100 off, and we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:45.000 --> 01:32:50.000]  So if those out-of-town roofers come knocking, your door should be locking.
[01:32:50.000 --> 01:32:57.000]  And that's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:57.000 --> 01:32:59.000]  Discounts are based on full roof replacement.
[01:32:59.000 --> 01:33:02.000]  May not actually be kidding about chemtrails.
[01:33:02.000 --> 01:33:12.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:12.000 --> 01:33:20.000]  Okay.
[01:33:20.000 --> 01:33:21.000]  We are back.
[01:33:21.000 --> 01:33:25.000]  Randy Kelton, Rue of La Radio, and we're talking to Barrett in Arizona.
[01:33:25.000 --> 01:33:26.000]  Okay.
[01:33:26.000 --> 01:33:29.000]  Go ahead, Barrett.
[01:33:29.000 --> 01:33:30.000]  Yeah.
[01:33:30.000 --> 01:33:32.000]  I was just reading this letter.
[01:33:32.000 --> 01:33:34.000]  Yes, it was a tort claim.
[01:33:34.000 --> 01:33:35.000]  Okay.
[01:33:35.000 --> 01:33:36.000]  Wait, wait.
[01:33:36.000 --> 01:33:37.000]  I forgot where I was at.
[01:33:37.000 --> 01:33:46.000]  The question I was asking, since this is against a municipality,
[01:33:46.000 --> 01:33:56.000]  normally you're required to give them notice of tort and 60 or 90 days, depending on the jurisdiction,
[01:33:56.000 --> 01:34:04.000]  to satisfy the claim before you have a right to sue.
[01:34:04.000 --> 01:34:12.000]  So did you send them a tort letter, a notice of claim, before you file a suit against them?
[01:34:12.000 --> 01:34:16.000]  Oh, boy.
[01:34:16.000 --> 01:34:21.000]  So before I file against the city, I have to give them?
[01:34:21.000 --> 01:34:24.000]  You have to give them notice.
[01:34:24.000 --> 01:34:29.000]  The reason I'm telling you that is you'll get to court and they'll file a motion to dismiss it.
[01:34:29.000 --> 01:34:32.000]  It'll kick that thing right out.
[01:34:32.000 --> 01:34:42.000]  So check your local code to see if you have to give them notice of tort.
[01:34:42.000 --> 01:34:43.000]  Okay.
[01:34:43.000 --> 01:34:44.000]  Okay.
[01:34:44.000 --> 01:34:50.000]  Essentially what I do with a notice of tort is I write the lawsuit.
[01:34:50.000 --> 01:34:56.000]  But instead of putting a court heading on the top, I put a business letter heading on the top.
[01:34:56.000 --> 01:35:04.000]  And you have to make a minor adjustments like you take out the parties and jurisdiction.
[01:35:04.000 --> 01:35:07.000]  And then you write in your claim.
[01:35:07.000 --> 01:35:09.000]  You say, these are the claims I have.
[01:35:09.000 --> 01:35:11.000]  This is how much I've been damaged.
[01:35:11.000 --> 01:35:13.000]  Make me hold a pursuit.
[01:35:13.000 --> 01:35:19.000]  You send them that, give them 60, 90 days, whatever the statute requires.
[01:35:19.000 --> 01:35:27.000]  And once they don't respond, then you file a suit.
[01:35:27.000 --> 01:35:28.000]  Can you verbally tell me?
[01:35:28.000 --> 01:35:31.000]  Because I did verbally tell them.
[01:35:31.000 --> 01:35:32.000]  No.
[01:35:32.000 --> 01:35:33.000]  It has to be in writing.
[01:35:33.000 --> 01:35:34.000]  Defiling.
[01:35:34.000 --> 01:35:36.000]  It generally has to be in writing.
[01:35:36.000 --> 01:35:40.000]  If it's in the code anyway, I don't know if it's in the code.
[01:35:40.000 --> 01:35:46.000]  But anyway, on October 25, 2016, this letter was headed.
[01:35:46.000 --> 01:35:53.000]  And it's basically saying that it's got my complaint and all that.
[01:35:53.000 --> 01:36:01.000]  Anyway, I called a few days ago, three, four days ago, whatever, and asked how the case was doing,
[01:36:01.000 --> 01:36:04.000]  if they heard my evidence or whatever.
[01:36:04.000 --> 01:36:14.000]  And basically the guy was telling me that it's going to be denied.
[01:36:14.000 --> 01:36:18.000]  And I guess they deny everything the first time.
[01:36:18.000 --> 01:36:19.000]  I don't know.
[01:36:19.000 --> 01:36:20.000]  Yes.
[01:36:20.000 --> 01:36:21.000]  Okay.
[01:36:21.000 --> 01:36:30.000]  The reason I asked you that question was because of the gist of the letter you received.
[01:36:30.000 --> 01:36:35.000]  If you received a letter telling you they're going to deny everything,
[01:36:35.000 --> 01:36:38.000]  they're treating that as a notice of tort.
[01:36:38.000 --> 01:36:48.000]  I called this guy at the city of Tucson, City Hall, and he told me that it's pretty much going to be denied.
[01:36:48.000 --> 01:36:52.000]  And so I'm wondering how I can appeal that.
[01:36:52.000 --> 01:36:54.000]  What do I do to appeal?
[01:36:54.000 --> 01:36:55.000]  Okay.
[01:36:55.000 --> 01:36:56.000]  Hold on.
[01:36:56.000 --> 01:36:58.000]  Something's wrong here.
[01:36:58.000 --> 01:37:02.000]  Where did you file the suit?
[01:37:02.000 --> 01:37:05.000]  The city of Tucson, City Hall.
[01:37:05.000 --> 01:37:06.000]  Okay.
[01:37:06.000 --> 01:37:12.000]  I tagged them and they sent me the paperwork and I filed it by mail pretty much.
[01:37:12.000 --> 01:37:13.000]  Okay.
[01:37:13.000 --> 01:37:18.000]  You can't sue a municipal judge in a municipal court.
[01:37:18.000 --> 01:37:23.000]  So they're treating that as a tort claim.
[01:37:23.000 --> 01:37:24.000]  Okay.
[01:37:24.000 --> 01:37:25.000]  And that's cool.
[01:37:25.000 --> 01:37:26.000]  That's okay.
[01:37:26.000 --> 01:37:28.000]  They're treating that as a tort claim.
[01:37:28.000 --> 01:37:33.000]  You have to sue the judge in a district court.
[01:37:33.000 --> 01:37:37.000]  So how do I do that so I know that this is proper?
[01:37:37.000 --> 01:37:38.000]  Okay.
[01:37:38.000 --> 01:37:41.000]  That was going to be my comment.
[01:37:41.000 --> 01:37:50.000]  The fact that you didn't know that indicates that you have pretty good ways to go.
[01:37:50.000 --> 01:37:56.000]  There are some basic things you need to learn before you can effectively pursue a suit,
[01:37:56.000 --> 01:38:01.000]  especially against a judge.
[01:38:01.000 --> 01:38:04.000]  I'm about to finish my e-book.
[01:38:04.000 --> 01:38:09.000]  I'm developing an e-book for this purpose to kind of take you through the basics.
[01:38:09.000 --> 01:38:11.000]  But if you really want to sue this judge,
[01:38:11.000 --> 01:38:21.000]  you need to go to Logos Radio Network and look up the ad for Juris Dictionary.
[01:38:21.000 --> 01:38:24.000]  Once you've been through Juris Dictionary,
[01:38:24.000 --> 01:38:31.000]  then you'll know enough that you can begin to adjudicate your case.
[01:38:31.000 --> 01:38:35.000]  I'm going to suggest that with your level of knowledge now,
[01:38:35.000 --> 01:38:39.000]  it would be a waste of time trying to sue, especially suing the judge.
[01:38:39.000 --> 01:38:41.000]  Judges are tough to sue.
[01:38:41.000 --> 01:38:45.000]  What is your claim against the judge?
[01:38:45.000 --> 01:38:50.000]  Well, she didn't listen to my evidence.
[01:38:50.000 --> 01:38:56.000]  She would interrupt me and then say that I was interrupting her.
[01:38:56.000 --> 01:39:00.000]  It's like she had me pegged at the beginning.
[01:39:00.000 --> 01:39:04.000]  Because I think what happened was she came out in plain clothes,
[01:39:04.000 --> 01:39:06.000]  the judge came out in plain clothes,
[01:39:06.000 --> 01:39:12.000]  and I thought that she was a secretary or something.
[01:39:12.000 --> 01:39:14.000]  That's not funny.
[01:39:14.000 --> 01:39:18.000]  Did you ask her to get you some coffee?
[01:39:18.000 --> 01:39:23.000]  I didn't recognize her as her majesty, so I think it made her mad.
[01:39:23.000 --> 01:39:29.000]  That's why she just totally denied my claim, my restraining order.
[01:39:29.000 --> 01:39:33.000]  I think that's what happened.
[01:39:33.000 --> 01:39:37.000]  Probably, I'm going to suggest probably not.
[01:39:37.000 --> 01:39:42.000]  And that's based on your level of knowledge.
[01:39:42.000 --> 01:39:48.000]  Okay, let's back up. What was the nature of the case?
[01:39:48.000 --> 01:39:57.000]  I went to get a restraining order on this person where I live who harassed me.
[01:39:57.000 --> 01:40:00.000]  Oh, I don't know if you can...
[01:40:00.000 --> 01:40:02.000]  This is a municipal judge.
[01:40:02.000 --> 01:40:10.000]  I don't know if they can file a restraining order.
[01:40:10.000 --> 01:40:16.000]  I would think you would have to go to a district judge for a restraining order.
[01:40:16.000 --> 01:40:20.000]  You see, municipal judges don't have to be lawyers.
[01:40:20.000 --> 01:40:23.000]  They can be, but they don't have to be.
[01:40:23.000 --> 01:40:28.000]  And generally, they're considered inferior courts.
[01:40:28.000 --> 01:40:34.000]  They're generally very restricted in what they can do.
[01:40:34.000 --> 01:40:41.000]  But, okay, they really don't have enough.
[01:40:41.000 --> 01:40:49.000]  If you are complaining about the ruling that the judge made,
[01:40:49.000 --> 01:40:55.000]  the judge cannot be sued because of the ruling that she made, period.
[01:40:55.000 --> 01:40:59.000]  Denying me, listening to my evidence?
[01:40:59.000 --> 01:41:03.000]  Yes, absolutely cannot be sued.
[01:41:03.000 --> 01:41:11.000]  Now, if she does something that denies you a right, she can be prosecuted criminally,
[01:41:11.000 --> 01:41:13.000]  but she cannot be sued.
[01:41:13.000 --> 01:41:25.000]  The only thing you can sue a judge for is when a judge acts absent subject matter jurisdiction.
[01:41:25.000 --> 01:41:29.000]  You've got to understand that that's appropriate.
[01:41:29.000 --> 01:41:36.000]  If a judge could be sued for everything they do, a judge could not adjudicate a case.
[01:41:36.000 --> 01:41:46.000]  So even if the judge acts maliciously, cannot be sued.
[01:41:46.000 --> 01:41:51.000]  So it would be a waste of time, obviously, to file an appeal.
[01:41:51.000 --> 01:41:55.000]  Yes. Oh, I don't know about the appeal.
[01:41:55.000 --> 01:41:59.000]  Oh, if you're appealing the suit against the judge, yes, it would be a waste of time.
[01:41:59.000 --> 01:42:00.000]  Right.
[01:42:00.000 --> 01:42:05.000]  If you did not claim that the judge lacked subject matter jurisdiction,
[01:42:05.000 --> 01:42:10.000]  she has absolute immunity.
[01:42:10.000 --> 01:42:12.000]  Okay.
[01:42:12.000 --> 01:42:17.000]  I mean, she has the right to have me heard, you know, with my evidence.
[01:42:17.000 --> 01:42:24.000]  Well, you file a judicial conduct complaint against her.
[01:42:24.000 --> 01:42:28.000]  That'll jerk a knot in her shorts and check to see if she has a bar card
[01:42:28.000 --> 01:42:30.000]  and file a bar grievance against her.
[01:42:30.000 --> 01:42:35.000]  That'll really jerk a knot in her shorts.
[01:42:35.000 --> 01:42:43.000]  What about grabbing her bond information?
[01:42:43.000 --> 01:42:47.000]  You don't need that because you can't sue her.
[01:42:47.000 --> 01:42:49.000]  You don't need the bond information.
[01:42:49.000 --> 01:42:52.000]  What's going to happen when you file a judicial conduct complaint against her?
[01:42:52.000 --> 01:42:56.000]  Her bond rating is going to go up.
[01:42:56.000 --> 01:42:58.000]  And that's what'll jerk a knot in her shorts.
[01:42:58.000 --> 01:43:03.000]  When you bar grieve her, her malpractice insurance will double.
[01:43:03.000 --> 01:43:07.000]  And it starts at 25 grand a year.
[01:43:07.000 --> 01:43:12.000]  But sooner is out the window.
[01:43:12.000 --> 01:43:14.000]  Okay.
[01:43:14.000 --> 01:43:21.000]  Oh, is there any, in case I get arrested and they don't take me before magistrate,
[01:43:21.000 --> 01:43:28.000]  is there any case law here in Arizona or Tucson or whatever that I can look up to see?
[01:43:28.000 --> 01:43:31.000]  This case law, I don't know what it is in Arizona.
[01:43:31.000 --> 01:43:33.000]  You'd have to seek it out.
[01:43:33.000 --> 01:43:36.000]  But if you want to do this, you need to get jurisdictionary.
[01:43:36.000 --> 01:43:38.000]  It'll kind of bring you up to speed.
[01:43:38.000 --> 01:43:42.000]  And most of these basic questions will be easy for you.
[01:43:42.000 --> 01:43:44.000]  You'd have to search it out.
[01:43:44.000 --> 01:43:46.000]  I'm sure there is in Arizona.
[01:43:46.000 --> 01:43:50.000]  As a matter of fact, I know there is because I've helped people in Arizona before,
[01:43:50.000 --> 01:43:54.000]  but I just don't have it off the top of my head.
[01:43:54.000 --> 01:43:56.000]  Okay.
[01:43:56.000 --> 01:43:57.000]  Just Google it.
[01:43:57.000 --> 01:43:58.000]  Okay, we're about to go to break.
[01:43:58.000 --> 01:44:21.000]  We'll be right back.
[01:44:28.000 --> 01:44:55.000]  We'll be right back.
[01:44:55.000 --> 01:44:58.000]  We'll be right back.
[01:44:58.000 --> 01:45:26.000]  Thank you.
[01:45:26.000 --> 01:45:29.000]  We'll be right back.
[01:45:56.000 --> 01:46:02.000]  Click on the banner or call toll free 866-LAW-EZ.
[01:46:27.000 --> 01:46:30.000]  Okay, we are back.
[01:46:30.000 --> 01:46:34.000]  Randy Kelton, Rue La Radio, and we're talking to Barrett in Arizona.
[01:46:34.000 --> 01:46:37.000]  Barrett, do you have anything else?
[01:46:37.000 --> 01:46:39.000]  Yeah, I was just...
[01:46:39.000 --> 01:46:44.000]  So if there is case law for suing the city or whatever
[01:46:44.000 --> 01:46:48.000]  for not being brought before a magistrate in case I get arrested?
[01:46:48.000 --> 01:46:50.000]  Yeah, it should be really easy.
[01:46:50.000 --> 01:46:58.000]  Just Google arrest, magistrate, case law.
[01:46:58.000 --> 01:46:59.000]  Oh, okay.
[01:46:59.000 --> 01:47:06.000]  Yeah, primarily what you get is you've got a lot of lawyers that are trying to get business,
[01:47:06.000 --> 01:47:10.000]  and about 50% of a lawyer's business are referrals.
[01:47:10.000 --> 01:47:15.000]  So in order to get referrals, they write briefs and treatises,
[01:47:15.000 --> 01:47:19.000]  and they put them on the Internet so that other lawyers could find them.
[01:47:19.000 --> 01:47:22.000]  They'll write a brief about what they're good at.
[01:47:22.000 --> 01:47:29.000]  So if another lawyer needs someone with this expertise, then they'll call this guy.
[01:47:29.000 --> 01:47:32.000]  So you go on the Internet and you can find these all over the place.
[01:47:32.000 --> 01:47:36.000]  You can find really nice treatments of different issues.
[01:47:36.000 --> 01:47:40.000]  And take before a magistrate, that's going to be real easy.
[01:47:40.000 --> 01:47:44.000]  There's going to be a lot of stuff on that.
[01:47:44.000 --> 01:47:45.000]  Okay.
[01:47:45.000 --> 01:47:50.000]  Most of my legal research now, I do on Google.
[01:47:50.000 --> 01:47:52.000]  I don't use Lexis.
[01:47:52.000 --> 01:47:54.000]  I don't use Westlaw.
[01:47:54.000 --> 01:47:56.000]  They suck.
[01:47:56.000 --> 01:48:01.000]  All they do is give you cases, and you have to read 100 cases.
[01:48:01.000 --> 01:48:06.000]  I'd rather have briefs and pleadings and treatises.
[01:48:06.000 --> 01:48:10.000]  The treatise treats a particular subject, gives you all the case law,
[01:48:10.000 --> 01:48:12.000]  gives you the ins and outs of it.
[01:48:12.000 --> 01:48:16.000]  You don't have to go through 50 cases to get it figured out.
[01:48:16.000 --> 01:48:17.000]  I think you'll find it interesting.
[01:48:17.000 --> 01:48:23.000]  It'll make your life a whole lot easier.
[01:48:23.000 --> 01:48:24.000]  Okay.
[01:48:24.000 --> 01:48:25.000]  I think you dropped off.
[01:48:25.000 --> 01:48:26.000]  Okay.
[01:48:26.000 --> 01:48:29.000]  Now we're going to JD in Texas.
[01:48:29.000 --> 01:48:31.000]  Hello, JD.
[01:48:31.000 --> 01:48:32.000]  Hey, Randy.
[01:48:32.000 --> 01:48:33.000]  How you doing?
[01:48:33.000 --> 01:48:34.000]  I'm doing good.
[01:48:34.000 --> 01:48:36.000]  How are you doing, old timer?
[01:48:36.000 --> 01:48:37.000]  Good.
[01:48:37.000 --> 01:48:42.000]  I've been looking for a guy that has...
[01:48:42.000 --> 01:48:45.000]  Now, I'm not trying to get away from rule of law radio,
[01:48:45.000 --> 01:48:49.000]  but what I'm looking for is a guy named David Roach,
[01:48:49.000 --> 01:48:54.000]  who has given a talk on Talk Shoe Radio.
[01:48:54.000 --> 01:48:58.000]  David Roach, R-O-A-C-H?
[01:48:58.000 --> 01:48:59.000]  Yes, sir.
[01:48:59.000 --> 01:49:03.000]  That is kind of familiar.
[01:49:03.000 --> 01:49:17.000]  He talks on the International Criminal Court on how to file an international claim against public officials.
[01:49:17.000 --> 01:49:20.000]  Anything to do with...
[01:49:20.000 --> 01:49:25.000]  What's his name?
[01:49:25.000 --> 01:49:27.000]  Oh, there's another guy that does that.
[01:49:27.000 --> 01:49:28.000]  He's real well known.
[01:49:28.000 --> 01:49:31.000]  I'll think of his name in a second.
[01:49:31.000 --> 01:49:40.000]  But no, I've never actually came across David Roach that I know of.
[01:49:40.000 --> 01:49:45.000]  Well, I've looked on YouTube and found several of his videos,
[01:49:45.000 --> 01:49:48.000]  and I can't find the one I'm looking for.
[01:49:48.000 --> 01:49:53.000]  It was referred to me by a friend in illegal reform just several months ago,
[01:49:53.000 --> 01:50:01.000]  and I've got a case of illegal arrest in Somerville County.
[01:50:01.000 --> 01:50:07.000]  I was denied records by the records keeper in the sheriff's department,
[01:50:07.000 --> 01:50:11.000]  and they submitted an exemption to the attorney general.
[01:50:11.000 --> 01:50:19.000]  The attorney general sent back a four-page letter to them saying that they didn't have the right to deny me records,
[01:50:19.000 --> 01:50:21.000]  so I've got that on my side.
[01:50:21.000 --> 01:50:23.000]  I've got the video.
[01:50:23.000 --> 01:50:27.000]  Did they subsequently produce the records?
[01:50:27.000 --> 01:50:31.000]  Some of them, but they still haven't produced all of them.
[01:50:31.000 --> 01:50:35.000]  Have you filed criminally against them for not producing them?
[01:50:35.000 --> 01:50:37.000]  Not yet.
[01:50:37.000 --> 01:50:41.000]  You should file quick.
[01:50:41.000 --> 01:50:43.000]  Don't be patient with criminals.
[01:50:43.000 --> 01:50:45.000]  They file criminals against you.
[01:50:45.000 --> 01:50:48.000]  You file against them the next day.
[01:50:48.000 --> 01:50:52.000]  Well, I understand that, but that's why I've been waiting for you and your buddy
[01:50:52.000 --> 01:50:58.000]  before work to help out just a little bit more.
[01:50:58.000 --> 01:51:01.000]  Ken, you need to kick him.
[01:51:01.000 --> 01:51:04.000]  He seems to be reluctant to get these filed.
[01:51:04.000 --> 01:51:07.000]  You should file criminal charges early.
[01:51:07.000 --> 01:51:10.000]  I get cases thrown out this way.
[01:51:10.000 --> 01:51:12.000]  Just go ahead and start filing against them.
[01:51:12.000 --> 01:51:15.000]  We had a guy in...
[01:51:15.000 --> 01:51:17.000]  No, no, no, no, no, no.
[01:51:17.000 --> 01:51:19.000]  I've got a court-appointed attorney.
[01:51:19.000 --> 01:51:22.000]  The court-appointed attorney has put in a motion to suppress.
[01:51:22.000 --> 01:51:25.000]  It's coming up for hearing on January 13th.
[01:51:25.000 --> 01:51:27.000]  I think that's ready.
[01:51:27.000 --> 01:51:34.000]  Did he put in the due process motions for not taking you before magistrate?
[01:51:34.000 --> 01:51:37.000]  You had lots of procedural due process.
[01:51:37.000 --> 01:51:39.000]  Well, yeah, I've got a lot of that.
[01:51:39.000 --> 01:51:46.000]  I've read due courses of law from 104 court of criminal procedures to the judge,
[01:51:46.000 --> 01:51:49.000]  and he put a stop to that.
[01:51:49.000 --> 01:51:52.000]  And when I started reading other stuff into the record,
[01:51:52.000 --> 01:51:54.000]  the judge put a stop to that.
[01:51:54.000 --> 01:51:58.000]  Did you file a judicial conduct complaint against the judge yet?
[01:51:58.000 --> 01:52:02.000]  No, no, no, no, not yet, because it isn't even...
[01:52:02.000 --> 01:52:07.000]  Are you waiting until they've got you hanging in jail upside down by your toes
[01:52:07.000 --> 01:52:12.000]  and then say, oh, my goodness, I should have protected myself?
[01:52:12.000 --> 01:52:15.000]  No, no, no, I spent four days in jail.
[01:52:15.000 --> 01:52:18.000]  What are you waiting for?
[01:52:18.000 --> 01:52:22.000]  The judge is screwing you every way from Sunday.
[01:52:22.000 --> 01:52:26.000]  I know, and I'm letting him do as much as he possibly can
[01:52:26.000 --> 01:52:29.000]  before I jump on his ass with everybody.
[01:52:29.000 --> 01:52:33.000]  Why haven't you filed...?
[01:52:33.000 --> 01:52:38.000]  Have you done anything to help yourself?
[01:52:38.000 --> 01:52:40.000]  I did a plea to the jurisdiction.
[01:52:40.000 --> 01:52:45.000]  I did avoid notice of hearings.
[01:52:45.000 --> 01:52:51.000]  No, no, no, you're treating the judge like he's God.
[01:52:51.000 --> 01:52:54.000]  Oh, please, God, have mercy on me.
[01:52:54.000 --> 01:53:03.000]  No, no, no, no, because the judge cautioned me on contempt two times in September.
[01:53:03.000 --> 01:53:06.000]  And I said, Your Honor, excuse me,
[01:53:06.000 --> 01:53:11.000]  but I have nothing but contempt for a judge who won't follow the law.
[01:53:11.000 --> 01:53:14.000]  That'll get you contempt.
[01:53:14.000 --> 01:53:19.000]  Well, why haven't you filed a judicial conduct complaint against him?
[01:53:19.000 --> 01:53:24.000]  It takes about 10 minutes.
[01:53:24.000 --> 01:53:26.000]  It's easy.
[01:53:26.000 --> 01:53:28.000]  When you file a judicial conduct complaint,
[01:53:28.000 --> 01:53:34.000]  accuse the judge of denying you a procedural due process.
[01:53:34.000 --> 01:53:39.000]  You don't want to go to any rulings that he's made.
[01:53:39.000 --> 01:53:42.000]  You go to what he hasn't done.
[01:53:42.000 --> 01:53:45.000]  And this is a jerk a-knottin' his shorts.
[01:53:45.000 --> 01:53:49.000]  When he finds out you're coming back after him,
[01:53:49.000 --> 01:53:53.000]  then he's going to want you gone and out of his court.
[01:53:53.000 --> 01:53:57.000]  But as long as he can bully you and push you around,
[01:53:57.000 --> 01:54:02.000]  he's going to want you on probation so that you pay the county a bunch of money.
[01:54:02.000 --> 01:54:06.000]  No, he may pay it.
[01:54:06.000 --> 01:54:09.000]  Okay.
[01:54:09.000 --> 01:54:12.000]  They're going to pay.
[01:54:12.000 --> 01:54:16.000]  Not unless you do something to give them reason to.
[01:54:16.000 --> 01:54:20.000]  What are you going to do? What are you doing?
[01:54:20.000 --> 01:54:25.000]  Okay, let's back up and kind of give everybody an idea of what's going on here.
[01:54:25.000 --> 01:54:28.000]  What was your original charges?
[01:54:28.000 --> 01:54:32.000]  Failure to ID and resisting arrest, which both are bogus claims.
[01:54:32.000 --> 01:54:36.000]  Yeah, and you were arrested for what?
[01:54:36.000 --> 01:54:39.000]  Failure to ID and resisting arrest.
[01:54:39.000 --> 01:54:42.000]  No, no, no. Listen, listen, listen.
[01:54:42.000 --> 01:54:46.000]  Resisting and arrest on what charge?
[01:54:46.000 --> 01:54:48.000]  Failure to ID.
[01:54:48.000 --> 01:54:50.000]  Okay, that's what I was trying to get to.
[01:54:50.000 --> 01:54:53.000]  Specifically failure to ID.
[01:54:53.000 --> 01:54:56.000]  Yeah, but I'll just take a second.
[01:54:56.000 --> 01:55:02.000]  Okay, so when you filed the motion, did you file a motion to dismiss
[01:55:02.000 --> 01:55:09.000]  because you can't be for failure to ID?
[01:55:09.000 --> 01:55:17.000]  I filed a case of the jurisdiction with Grisney v. Pew and Brown v. Texas in close.
[01:55:17.000 --> 01:55:20.000]  Okay, and the judge is just ignoring everything?
[01:55:20.000 --> 01:55:21.000]  Yeah.
[01:55:21.000 --> 01:55:28.000]  In case everybody who's listening hasn't figured it out yet, JD and I know one another real well,
[01:55:28.000 --> 01:55:34.000]  so I kind of feel at liberty to pick on him, and we do that all the time.
[01:55:34.000 --> 01:55:42.000]  So I don't cut JD much slack, but he don't deserve it.
[01:55:42.000 --> 01:55:44.000]  He deals with Ken Magnuson.
[01:55:44.000 --> 01:55:47.000]  Anybody who deals with Ken Magnuson, they deserve what they can get.
[01:55:47.000 --> 01:55:53.000]  But yeah, JD, I am thrilled that you're taking these guys on.
[01:55:53.000 --> 01:55:54.000]  Oh, yeah.
[01:55:54.000 --> 01:55:59.000]  But if you're to get positive results, you're going to need to start going back after them.
[01:55:59.000 --> 01:56:04.000]  And I tell you, you're missing the fun part.
[01:56:04.000 --> 01:56:09.000]  They come after you, and you're fighting a defensive battle.
[01:56:09.000 --> 01:56:10.000]  You shouldn't be.
[01:56:10.000 --> 01:56:13.000]  No, it's in the works, Randy. It's in the works.
[01:56:13.000 --> 01:56:17.000]  Yeah, okay. Well, how long have you been adjudicating this case?
[01:56:17.000 --> 01:56:19.000]  I did get a court-appointed attorney.
[01:56:19.000 --> 01:56:23.000]  The court-appointed attorney got the videos that I had requested when I was...
[01:56:23.000 --> 01:56:29.000]  JD, how long since you've been charged with this?
[01:56:29.000 --> 01:56:32.000]  Since May.
[01:56:32.000 --> 01:56:35.000]  Okay, May, and now it's almost December.
[01:56:35.000 --> 01:56:36.000]  Yeah.
[01:56:36.000 --> 01:56:40.000]  Why haven't you filed about 50 criminal complaints already?
[01:56:40.000 --> 01:56:43.000]  Half a dozen judicial complaints in all this time.
[01:56:43.000 --> 01:56:47.000]  All this time you've been defending yourself.
[01:56:47.000 --> 01:56:52.000]  If you're going to beat these guys, you're going to have to get off defense and get on offense.
[01:56:52.000 --> 01:57:01.000]  I know, but I've been advised to wait until the motion to suppress has been heard on January 13th
[01:57:01.000 --> 01:57:08.000]  from my mentor in Fort Worth, and things are being prepared.
[01:57:08.000 --> 01:57:11.000]  You're talking about Chicken Ken.
[01:57:11.000 --> 01:57:14.000]  Yeah.
[01:57:14.000 --> 01:57:20.000]  Yeah, I've been pushing him to move on these criminal complaints.
[01:57:20.000 --> 01:57:23.000]  You start going after them criminally.
[01:57:23.000 --> 01:57:27.000]  Now all of a sudden they got a dog in the hunt.
[01:57:27.000 --> 01:57:30.000]  Now they got something to lose.
[01:57:30.000 --> 01:57:33.000]  Until you do, this judge has just been screwing you around.
[01:57:33.000 --> 01:57:38.000]  I'll tell you, I'm in court with him.
[01:57:38.000 --> 01:57:41.000]  It isn't just a judge, it's a prosecutor too.
[01:57:41.000 --> 01:57:46.000]  First time the prosecutor steps across the line, I'm going to nail him.
[01:57:46.000 --> 01:57:47.000]  Yeah?
[01:57:47.000 --> 01:57:52.000]  First time, immediately, I'm not waiting five minutes.
[01:57:52.000 --> 01:57:56.000]  Now when I go into court, I have a judicial conduct complaint blanks,
[01:57:56.000 --> 01:58:01.000]  I have bar grievance blanks, and I have criminal complaint blanks.
[01:58:01.000 --> 01:58:04.000]  I write them out right there.
[01:58:04.000 --> 01:58:06.000]  You guys want to fight?
[01:58:06.000 --> 01:58:08.000]  I'll give you one.
[01:58:08.000 --> 01:58:11.000]  The last time I went to court, I was late.
[01:58:11.000 --> 01:58:13.000]  I forgot when it was.
[01:58:13.000 --> 01:58:15.000]  I was supposed to get there at nine, I got there at three,
[01:58:15.000 --> 01:58:21.000]  and that dirty rotten prosecutor dismissed my case.
[01:58:21.000 --> 01:58:23.000]  I was furious.
[01:58:23.000 --> 01:58:25.000]  We're just about to get to the good part.
[01:58:25.000 --> 01:58:27.000]  And the chief of police, when I called him,
[01:58:27.000 --> 01:58:31.000]  no, Mr. Kelton, you're not going to get to have your fun with us.
[01:58:31.000 --> 01:58:35.000]  When you start going back after them, they want you gone.
[01:58:35.000 --> 01:58:38.000]  And we are out of time.
[01:58:38.000 --> 01:58:41.000]  This is Randy Kelton, Rural Law Radio,
[01:58:41.000 --> 01:58:47.000]  talking to good old JD from down there in Hillbilly, Texas.
[01:58:47.000 --> 01:58:48.000]  We'll be back next week.
[01:58:48.000 --> 01:58:49.000]  Thank you all for listening.
[01:58:49.000 --> 01:58:50.000]  Good night.
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