[00:00.000 --> 00:05.460]  The following news flash is brought to you by the Lone Star Lowdowns.
[00:05.460 --> 00:13.160]  Markets for Friday, 14 July 2017 are currently trading with gold at $1,228.48 an ounce, silver
[00:13.160 --> 00:21.840]  $15.96 an ounce, Texas Crude $46.08 a barrel, and Bitcoin is sitting nearly at $2,178 U.S.
[00:21.840 --> 00:22.840]  currency.
[00:22.840 --> 00:30.240]  Today in History, the year 1789, kick-starting the French Revolution, citizens of Paris
[00:30.240 --> 00:34.440]  stormed the Bastille, representing the royal authority in the center of Paris.
[00:34.440 --> 00:38.080]  The prison contained just seven inmates at the time of its storming, but was a symbol
[00:38.080 --> 00:40.080]  of the abuses by the monarchy.
[00:40.080 --> 00:43.720]  Its fall was the flashpoint of the French Revolution.
[00:43.720 --> 00:45.760]  Bastille Day, Today in History.
[00:45.760 --> 00:53.920]  In recent years, Russian Foreign Minister Spokeswoman Maria Zakharova stated today,
[00:53.920 --> 00:58.640]  Friday in a news briefing that, quote, the number of staff at the U.S. Embassy in Moscow
[00:58.640 --> 01:03.080]  exceeds the number of our embassy employees in Washington by a big margin.
[01:03.080 --> 01:08.080]  One of our options, apart from a tit-for-tat expulsion of Americans, would be to even out
[01:08.080 --> 01:09.080]  the numbers.
[01:09.080 --> 01:13.120]  There are too many employees of the CIA and Pentagon's espionage unit working under the
[01:13.120 --> 01:18.400]  roof of the American diplomatic mission, whose activity does not correspond at all with their
[01:18.400 --> 01:19.400]  status.
[01:19.400 --> 01:23.600]  This Russian retaliation, likely because the Trump administration has refused to hand back
[01:23.600 --> 01:27.760]  two Russian diplomatic compounds, which were seized at the same time as some of the Russian
[01:27.760 --> 01:32.280]  diplomats were sent home last year, that was when former President Barack Obama ordered
[01:32.280 --> 01:42.320]  the expulsion of 35 suspected Russian spies back in December.
[01:42.320 --> 01:47.400]  Samsung, in a press release recently, unveiled its first-ever Cinema LED screen that displays
[01:47.400 --> 01:53.040]  huge 33.8 feet and provides 4K resolution, as well as peak brightness levels that are
[01:53.040 --> 01:58.000]  nearly 10 times brighter than those offered by standard cinema projector technologies,
[01:58.000 --> 02:02.880]  along with being equipped with distortion-free tech and offers a nearly infinite contrast
[02:02.880 --> 02:06.360]  ratio which facilitates deep blacks and extremely bright colors.
[02:06.360 --> 02:12.120]  The Cinema LED screen is set to be paired with a brand-new surround sound system from JBL.
[02:12.120 --> 02:17.480]  The Super S, as it's being dubbed, is an action at the Latte World Tower location of
[02:17.480 --> 02:22.760]  Latte cinemas in Korea, with Cars 3 and Spider-Man Homecoming being the first movie scheduled
[02:22.760 --> 02:28.240]  to play on it.
[02:28.240 --> 02:32.960]  In a press release, we just stated that it will be awarding up to 500,000 to 50 eligible
[02:32.960 --> 02:38.840]  U.S.-based small business food service owners who commit to joining the 100% cashless quest.
[02:38.840 --> 02:43.560]  In short, it's an effort to convince 50 small businesses, restaurants, cafes and food trucks
[02:43.560 --> 02:49.640]  to go 100% cashless in favor of credit or debit, with the incentive of receiving $10,000
[02:49.640 --> 02:51.640]  to help pay for the tech upgrades.
[02:51.640 --> 03:18.640]  It's a quick rodeo to lowdown from July 14th, 2017.
[03:18.640 --> 03:31.760]  Okay, howdy-howdy, Randy Kelton, Rudevilla Radio on this Friday, the 21st day of July 2017.
[03:31.760 --> 03:35.920]  And we have the phone lines on, we'll keep them on all night.
[03:35.920 --> 03:44.840]  I want to start out kind of giving an update on the traffic ticket website I've been working
[03:44.840 --> 03:56.240]  on, sorting out all the minor little typos and feels in the wrong place and the various
[03:56.240 --> 03:57.240]  lots.
[03:57.240 --> 04:01.040]  And as you've got that thing worked out pretty good.
[04:01.040 --> 04:07.520]  We are beginning to do some intensive mail marketing.
[04:07.520 --> 04:13.560]  And we hope to start getting some of these jurisdictions pretty excited here in the near
[04:13.560 --> 04:15.480]  future.
[04:15.480 --> 04:25.280]  And I also have some programs going on to where I may be able to get this launched more
[04:25.280 --> 04:28.440]  quickly than we had anticipated.
[04:28.440 --> 04:37.400]  I do have one of my questionnaires on the website so far and I'm working on the technology
[04:37.400 --> 04:44.480]  improving the technology so I'll begin to start loading more and more of these questionnaires
[04:44.480 --> 04:45.480]  on this website.
[04:45.480 --> 04:51.040]  And we'll have a place where you can go not just for traffic tickets, I will expand this
[04:51.040 --> 04:54.040]  out to other issues.
[04:54.040 --> 05:03.560]  The traffic ticket site was a site that I could use to fine tune the technology.
[05:03.560 --> 05:08.000]  And I've got my programmer back on board.
[05:08.000 --> 05:16.640]  And if he gives me the one last piece, this one piece that I couldn't quite do myself,
[05:16.640 --> 05:22.920]  it was a bit beyond my level of knowledge, I won't say expertise because I don't have
[05:22.920 --> 05:29.800]  any in these areas, I have a ability to stumble through.
[05:29.800 --> 05:36.680]  And I've stumbled through enough to get a website up and get a tool to start creating
[05:36.680 --> 05:37.680]  these documents.
[05:37.680 --> 05:43.200]  And now pretty soon here we expect to get it a lot more sophisticated and start adding
[05:43.200 --> 05:46.080]  in the backside questionnaires.
[05:46.080 --> 05:52.640]  What the backside questionnaires really are is an auditing tool.
[05:52.640 --> 05:55.360]  So you go into that first appearance.
[05:55.360 --> 06:00.280]  I have a questionnaire for the first appearance.
[06:00.280 --> 06:07.880]  And it examines all of the different scenarios that can occur there, well, within reason.
[06:07.880 --> 06:12.960]  I mean, it doesn't consider an atomic attack or something outrageous.
[06:12.960 --> 06:19.280]  But those things that will happen at that hearing, it's relatively finite.
[06:19.280 --> 06:25.640]  The hearing is for a certain purpose and everything will be focused toward that purpose.
[06:25.640 --> 06:32.440]  So there aren't that many variations.
[06:32.440 --> 06:38.480]  So we'll soon have the questionnaire to where no matter what happens at that first hearing,
[06:38.480 --> 06:41.960]  we have remedy.
[06:41.960 --> 06:46.840]  We will question and address whatever happens.
[06:46.840 --> 06:51.640]  And so you go to the first hearing, you come back, you fill out the questionnaire.
[06:51.640 --> 06:57.520]  And depending on how you answer the questions, it'll start spitting out documents.
[06:57.520 --> 07:03.520]  If the clerk demands that you enter a plea, it kicks out impersonating a public official
[07:03.520 --> 07:06.040]  against the clerk.
[07:06.040 --> 07:12.560]  If she calls the bailiff over and uses the bailiff to crack his knuckles and coerce you
[07:12.560 --> 07:17.400]  into doing what she's told, then the first degree fell in the aggravated assault against
[07:17.400 --> 07:20.400]  the bailiff.
[07:20.400 --> 07:26.160]  If you try to file a complaint and anybody says anything to you that you can in any way
[07:26.160 --> 07:32.200]  construe as a complaint, witness tampering, obstruction of justice, they just keep stacking
[07:32.200 --> 07:33.200]  a lot.
[07:33.200 --> 07:36.360]  Barbed grievances against the prosecuting attorneys is one there.
[07:36.360 --> 07:42.200]  A judicial conduct complaint against the judge whether he's there or not.
[07:42.200 --> 07:47.000]  Or failing to properly train the clerk.
[07:47.000 --> 07:57.920]  Every minor nitpicking issue we can find, we add to the questionnaire.
[07:57.920 --> 08:03.760]  Most of the times these things are nitpicking, but sometimes they become very important.
[08:03.760 --> 08:13.480]  So we need to go through the codes as they're written and audit what has occurred relative
[08:13.480 --> 08:16.680]  to the codes.
[08:16.680 --> 08:27.080]  Once we start doing that to them, every way they move, they get more disrupting paperwork.
[08:27.080 --> 08:32.120]  And that's where we win or lose our cases is in the paperwork.
[08:32.120 --> 08:39.680]  And as I expected Olivia may come on tonight, but last Saturday he spoke to the effect of
[08:39.680 --> 08:42.760]  what he's been doing.
[08:42.760 --> 08:48.840]  And the effect turned out to be absolutely dramatic.
[08:48.840 --> 08:56.400]  He has really made headway and he did it by taking them on on the details.
[08:56.400 --> 09:05.480]  And that's what this site will be designed to do is go after them on the details.
[09:05.480 --> 09:13.800]  We did traffic first because traffic is essentially the simplest to do is the least complicated.
[09:13.800 --> 09:22.480]  I have about half of the penal code converted into questionnaires.
[09:22.480 --> 09:26.240]  That is a massive amount of work.
[09:26.240 --> 09:30.200]  And I have the other half to finish out.
[09:30.200 --> 09:38.240]  And then we'll go back into those questionnaires and add in case law, which is case law and
[09:38.240 --> 09:41.640]  circumstances that aren't anticipated in the code.
[09:41.640 --> 09:44.840]  And that will flesh out these questionnaires.
[09:44.840 --> 09:53.960]  I'm hoping that within six months we will have the code pretty well captured so that
[09:53.960 --> 10:00.240]  you can go in either to this ticket site, we'll set up a criminal site.
[10:00.240 --> 10:08.200]  Once we get the traffic, transportation and criminal pretty well entrenched, then we will
[10:08.200 --> 10:13.840]  start moving to family law, probate law.
[10:13.840 --> 10:19.120]  And I'm trying to make a deal with the Texas Law and Young Lawyers Association to bring
[10:19.120 --> 10:27.560]  them in so that I can use their lawyers to help flesh out these questionnaires.
[10:27.560 --> 10:32.040]  I've told this on the air before and I probably shouldn't keep saying it because these lawyers
[10:32.040 --> 10:36.480]  I'm going to try to work with me be listening.
[10:36.480 --> 10:44.240]  It is my purpose to eliminate the profession of lawyer and get lawyers to pay us to do
[10:44.240 --> 10:47.560]  it.
[10:47.560 --> 10:56.960]  So what we're doing is we're setting up a tool that's on the order of self-driving
[10:56.960 --> 11:00.040]  trucks.
[11:00.040 --> 11:06.360]  Self-driving trucks look to end the profession of truck driver.
[11:06.360 --> 11:11.920]  They can drive themselves and park themselves and back themselves up to the docks.
[11:11.920 --> 11:22.720]  We don't need truck drivers anymore when a non-lawyer can go online and answer a set
[11:22.720 --> 11:33.080]  of questions concerning his legal issue and the system can isolate all of the law that
[11:33.080 --> 11:36.000]  apply to the facts.
[11:36.000 --> 11:40.880]  He can adjudicate his case without a lawyer.
[11:40.880 --> 11:50.160]  Now we could do that, but in order to do that we need the knowledge that the lawyers have.
[11:50.160 --> 11:56.000]  We need these lawyers who have 20, 30 years of experience in a given field.
[11:56.000 --> 11:59.960]  We need to capture their expertise.
[11:59.960 --> 12:10.520]  If we put a site together that appeals to the fear that the lawyers have and the primary
[12:10.520 --> 12:13.880]  fear is missing something.
[12:13.880 --> 12:17.120]  Lawyers are at learning counsel.
[12:17.120 --> 12:23.320]  Now you as a pro say, you can screw up and the judge will get annoyed and tell you your
[12:23.320 --> 12:27.680]  pleadings are frivolous and have no merit.
[12:27.680 --> 12:34.560]  But if a lawyer does that, the judge will tend his hide for him and sanction him.
[12:34.560 --> 12:38.960]  They will suspend his bar card for a period of time.
[12:38.960 --> 12:44.760]  There's lots of things the judge can do to that lawyer, but they can't do anything to
[12:44.760 --> 12:45.760]  you.
[12:45.760 --> 12:48.760]  So a lawyer, he's worried about missing something.
[12:48.760 --> 12:56.280]  That's why they focus on singular areas of practice because their biggest fear is missing
[12:56.280 --> 12:57.280]  something.
[12:57.280 --> 13:02.760]  I have the same problems, same fear when I write a brief.
[13:02.760 --> 13:08.800]  I go out and do all my research and dig through everything I can find, put my brief together,
[13:08.800 --> 13:18.800]  but at the back of my mind is always this nagging concern, that no good rotten scoundrel
[13:18.800 --> 13:20.800]  on the other side.
[13:20.800 --> 13:27.360]  I just know he found some case law that I missed that negates everything I've gotten.
[13:27.360 --> 13:32.040]  When I get to court, he's going to wipe the floor with me.
[13:32.040 --> 13:36.200]  Every lawyer has that same fear.
[13:36.200 --> 13:42.920]  So when I come to them with a tool and I tell them, okay, you don't have to sit down with
[13:42.920 --> 13:48.880]  your client and try to isolate all of the issues in their case.
[13:48.880 --> 13:54.240]  That's not something that's taught in college, in law school.
[13:54.240 --> 13:59.680]  The psychology of extracting accurate information.
[13:59.680 --> 14:07.800]  You've got a guy that wants to sell you on representing him and he sends this message
[14:07.800 --> 14:13.640]  to his inner mind and he says, okay, I want to sell this guy on representing me, so send
[14:13.640 --> 14:19.680]  me up all the information I need and all the things I need to say to get this guy to represent
[14:19.680 --> 14:21.680]  me.
[14:21.680 --> 14:28.000]  Well, problem is he just laid in a very large filter.
[14:28.000 --> 14:34.360]  It's not necessarily that he's trying to hide the negative information.
[14:34.360 --> 14:40.480]  He's just given his inner mind instructions on what to present and what the instructions
[14:40.480 --> 14:46.520]  do not include the bad stuff because that won't get the lawyer to want to represent
[14:46.520 --> 14:47.520]  you.
[14:47.520 --> 14:49.000]  The lawyer only wants to hear the good stuff.
[14:49.000 --> 14:50.600]  Well, that's not actually true.
[14:50.600 --> 14:56.800]  The lawyer wants to hear the good stuff and the bad stuff so he can make an accurate determination
[14:56.800 --> 15:02.360]  of the condition of your case but the proxies and nonlawyers, they don't know that.
[15:02.360 --> 15:08.240]  The lawyer has to sit down with someone who's highly animated and emotional and for the
[15:08.240 --> 15:16.520]  most part, the client needs to unload this emotional charge.
[15:16.520 --> 15:20.240]  He goes through all the horrible stuff that happens and you'll notice if you ever sit
[15:20.240 --> 15:24.680]  in front of a lawyer and talk to him that he sits there with a legal pad and a pencil
[15:24.680 --> 15:26.680]  or a pen.
[15:26.680 --> 15:30.520]  Almost a while, he'll write something down.
[15:30.520 --> 15:37.320]  He's listening for legal issues that he can adjudicate and every time he says something
[15:37.320 --> 15:40.240]  that goes to a point of law, he writes it down.
[15:40.240 --> 15:42.360]  This is what he cares about.
[15:42.360 --> 15:48.720]  The rest of this stuff you're telling him, he don't care about.
[15:48.720 --> 15:55.360]  Problem is, he doesn't know what happened so he doesn't know what to tell you.
[15:55.360 --> 15:59.000]  He doesn't know how to filter what you're saying.
[15:59.000 --> 16:03.320]  You don't know what he needs so you don't know specifically what to tell him.
[16:03.320 --> 16:08.480]  So you got to tell him everything that comes to mind and he has to sort through it and
[16:08.480 --> 16:14.720]  try to find some legal grounds and meaning from it.
[16:14.720 --> 16:17.240]  Computer doesn't have that problem.
[16:17.240 --> 16:23.760]  The computer is consistent and we can carefully craft our questionnaire and people tend not
[16:23.760 --> 16:29.440]  to have emotional reactions to computers unless they're too slow or something and they go
[16:29.440 --> 16:34.320]  to the wrong page and we have a little bits about them but other than that we don't get
[16:34.320 --> 16:41.720]  emotionally involved in the computer so it will help us to extract more reliable and
[16:41.720 --> 16:47.760]  accurate information and make that available to the lawyer and the lawyer gets to where
[16:47.760 --> 16:49.600]  he can't practice without it.
[16:49.600 --> 16:54.080]  Hang on, back to go to break, we're in the Kelton Wheel of Law radio, we'll be right
[16:54.080 --> 16:55.080]  back.
[16:55.080 --> 16:56.080]  Thanks Cookie.
[16:56.080 --> 16:57.080]  Cookie?
[16:57.080 --> 16:58.080]  We love cookies.
[16:58.080 --> 16:59.080]  Oh, hi Cookie Munchers.
[16:59.080 --> 17:00.080]  No, these are yucky cookies.
[17:00.080 --> 17:01.080]  Cookie?
[17:01.080 --> 17:02.080]  Yucky?
[17:02.080 --> 17:03.080]  No, no bad cookies.
[17:03.080 --> 17:04.080]  You can't even eat these cookies.
[17:04.080 --> 17:05.080]  These are cyber cookies.
[17:05.080 --> 17:06.080]  No cookies?
[17:06.080 --> 17:17.080]  No, they are cyber cookies and they clog up your computer.
[17:17.080 --> 17:18.080]  These have apples.
[17:18.080 --> 17:19.080]  Really?
[17:19.080 --> 17:20.080]  Yes.
[17:20.080 --> 17:21.080]  And actual apple.
[17:21.080 --> 17:22.080]  Hmm, yummy apple.
[17:22.080 --> 17:26.840]  I'm going to throw away these yucky cookies in the trash.
[17:26.840 --> 17:33.000]  I click control, shift, delete and then scroll down to cookie and clear them.
[17:33.000 --> 17:34.600]  Bye bye yucky cookies.
[17:34.600 --> 17:40.240]  Now I go to logosradionetwork.com and I click on the Amazon box on the upper right hand
[17:40.240 --> 17:46.280]  side, bookmark the link and I can go to Amazon through this link and order you some yummy
[17:46.280 --> 17:47.280]  new cookie.
[17:47.280 --> 17:48.280]  New cookies?
[17:48.280 --> 17:49.280]  For me.
[17:49.280 --> 17:53.680]  Consider it an early Christmas present and every time I order on Amazon I go through
[17:53.680 --> 17:57.600]  this link and I give a little present to this radio network too.
[17:57.600 --> 17:58.600]  These are cookies.
[17:58.600 --> 18:00.600]  These are classified.
[18:00.600 --> 18:05.880]  Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
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[18:19.520 --> 18:25.320]  civil rights statutes, what to do when contacted by phones, mail or court summons, how to answer
[18:25.320 --> 18:29.920]  letters and phone calls, how to get debt collectors out of your credit reports, how to turn the
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[18:49.920 --> 18:59.480]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors
[18:59.480 --> 19:00.480]  now.
[19:00.480 --> 19:23.840]  You are listening to the Logos Radio Network at www.logosradionetworks.com.
[19:23.840 --> 19:30.560]  Okay, we are back, Randy Kelton from Rule of Law Radio, and we're talking about the
[19:30.560 --> 19:35.200]  lawyer and where he lives and what he has to deal with.
[19:35.200 --> 19:43.040]  So the lawyers have fears and concerns, and a primary concern is missing something important.
[19:43.040 --> 19:46.880]  They're learning counsel, they can't afford to do that.
[19:46.880 --> 19:53.440]  So we build this questionnaire, and the questionnaire has almost everything in it.
[19:53.440 --> 19:55.960]  They'll never have everything in it.
[19:55.960 --> 20:04.120]  So if the client, if the lawyer uses this questionnaire, and he still misses something,
[20:04.120 --> 20:12.360]  one or two things happened, the client didn't answer the question, or the issue is so obscure
[20:12.360 --> 20:15.560]  nobody knows about it.
[20:15.560 --> 20:21.760]  So even if he's missed something, it will have been obscure and the lawyer will have
[20:21.760 --> 20:24.000]  implausible deniability for missing it.
[20:24.000 --> 20:29.400]  But then we stick it in there, we look at the questionnaire, and we look where that question
[20:29.400 --> 20:34.680]  would normally occur, and we crack the questionnaire apart, stick that question in there, and stick
[20:34.680 --> 20:41.720]  it back together, then it never ever forgets to ask that question again.
[20:41.720 --> 20:49.440]  It won't be long until we have all of those in there, and we get the lawyer using this
[20:49.440 --> 20:56.960]  because if he's not using it and the other lawyer is, the other lawyer comes into court
[20:56.960 --> 21:01.440]  with well-crafted, fully hyperlinked documents.
[21:01.440 --> 21:10.400]  This lawyer comes in with Junkies wrote himself, and it's a flat file, a flat PDF file.
[21:10.400 --> 21:15.040]  Judge is going to look at that and say, well, this guy can produce these kinds of documents.
[21:15.040 --> 21:21.320]  What is your problem, because the judges want hyperlinked documents, they're just not getting
[21:21.320 --> 21:23.280]  them from the lawyers.
[21:23.280 --> 21:29.980]  So we give the judge what he wants, and here's another problem the lawyers have.
[21:29.980 --> 21:34.680]  We make these questionnaires available to clients, so the client has read, has been
[21:34.680 --> 21:42.080]  through the questionnaire, and the questionnaire as he moves through it has notations that
[21:42.080 --> 21:50.880]  explains why we ask each question, and what the answer goes to.
[21:50.880 --> 21:56.960]  So he already knows what the lawyer should be doing, because in the process of extracting
[21:56.960 --> 22:03.120]  the information, we instructed him on what the lawyer should be doing.
[22:03.120 --> 22:09.160]  And besides, Procesky will make this available to Proces, so they can use it just like the
[22:09.160 --> 22:11.160]  lawyer does.
[22:11.160 --> 22:17.120]  Now the lawyer doesn't have an advantage, the only advantage the lawyer has is he's
[22:17.120 --> 22:25.960]  better trained in how to argue issues in court, and we've got motions objecting to that.
[22:25.960 --> 22:32.720]  If the upshot is, the lawyer's going to have to reach a point where he addresses everything,
[22:32.720 --> 22:38.520]  the only way he's going to effectively be able to do that is with our tool.
[22:38.520 --> 22:45.000]  And that will give the lawyer's reason to help us flesh in these tools.
[22:45.000 --> 22:52.920]  Then we make them available to Proces, and Procesky no longer needs the lawyer.
[22:52.920 --> 22:58.480]  We will eliminate the profession of lawyer, and get lawyers to pay us to do it.
[22:58.480 --> 23:02.640]  And we're in the process of doing just that right now.
[23:02.640 --> 23:11.920]  With these traffic tickets, on the front end, we have a set of questions that go to issues
[23:11.920 --> 23:15.160]  that lawyers never bring in court.
[23:15.160 --> 23:24.560]  I was just talking to someone from Illinois on the issues that I'm bringing in Texas.
[23:24.560 --> 23:33.080]  On the issue of the fact that there's nothing in Texas law that authorizes a municipal police
[23:33.080 --> 23:39.160]  officer to enforce the commercial transportation code.
[23:39.160 --> 23:45.520]  And in researching that in Illinois law, it turns out to be the same.
[23:45.520 --> 23:54.320]  The state police was created for the purpose of enforcing the commercial transportation
[23:54.320 --> 24:03.680]  code in Illinois, just like in Texas and just like in Tennessee, so far that I'm sure of.
[24:03.680 --> 24:09.680]  We'll soon have other states, and I have no doubt they're all going to be essentially
[24:09.680 --> 24:20.440]  the same, because when they put these entities in place, we didn't have all these municipalities
[24:20.440 --> 24:25.000]  making a lot of money collecting traffic tickets.
[24:25.000 --> 24:33.080]  So they legitimately created state police departments, not for the purpose of suppressing
[24:33.080 --> 24:44.240]  crime, because that is almost exclusively the purview of the sheriffs of each county.
[24:44.240 --> 24:48.480]  The state police are not like the FBI.
[24:48.480 --> 24:53.280]  The FBI is an enforcement agency for the feds.
[24:53.280 --> 24:59.720]  State police are not an enforcement agency, so we have county sheriffs for that.
[24:59.720 --> 25:10.680]  State police were created for the purpose of enforcing commercial transportation.
[25:10.680 --> 25:15.280]  Most every one of them was created for the same way for the same purpose.
[25:15.280 --> 25:19.600]  And then the municipalities picked this up and started using it to make a lot of money
[25:19.600 --> 25:20.600]  with.
[25:20.600 --> 25:26.960]  And nobody objected that it was in a position to effectively object, because politicians
[25:26.960 --> 25:30.040]  are about more money.
[25:30.040 --> 25:34.960]  They want to extract every dime from a stick can, and one politician is not going to interfere
[25:34.960 --> 25:38.400]  with the ability of another politician to make money, because they'll do the same thing
[25:38.400 --> 25:40.840]  to him.
[25:40.840 --> 25:46.240]  So nobody raised a red flag, and the lawyers didn't, because the lawyers don't want the
[25:46.240 --> 25:52.080]  judge's man at them, because the judges screwed their next client to get back at them.
[25:52.080 --> 26:00.360]  Yes, I talked to Jerry Cobb, who was an ex-district attorney for Denton County, and I told him
[26:00.360 --> 26:04.600]  that I had an $11 million lawsuit against Denton County, and I wanted him to represent
[26:04.600 --> 26:05.600]  me.
[26:05.600 --> 26:08.840]  And he said, Mr. Kelton, I can't represent your suit.
[26:08.840 --> 26:14.000]  You made allegations against judges in there, and I have to represent clients in this county.
[26:14.000 --> 26:17.240]  I said, what's the matter, Jerry?
[26:17.240 --> 26:22.520]  Are you afraid those judges will screw your next client to get back at you?
[26:22.520 --> 26:29.920]  And he said, what every other lawyer I talked to said, you darn right they will.
[26:29.920 --> 26:32.880]  Now, they may not be true.
[26:32.880 --> 26:35.200]  They might not.
[26:35.200 --> 26:43.160]  But he certainly thinks they will, and every lawyer I talked to believes that they will.
[26:43.160 --> 26:50.000]  So you can't expect a lawyer to go in and actively adjudicate your rights if there's
[26:50.000 --> 27:00.000]  a chance it's going to annoy the judge, unless there's a chance it's going to annoy you into
[27:00.000 --> 27:06.560]  filing a bar grievance or a malpractice suit against the lawyer.
[27:06.560 --> 27:13.400]  And if the lawyer has a reason to believe that you have the same knowledge he has concerning
[27:13.400 --> 27:20.120]  your case, that you know what motions and pleadings should be filed, you become more
[27:20.120 --> 27:24.840]  dangerous to him than the judge.
[27:24.840 --> 27:27.560]  Now he has a problem.
[27:27.560 --> 27:35.960]  And so does the judge, because all of these folks have their schnouts in the same trough.
[27:35.960 --> 27:40.200]  It's a really crude way of putting it, but all of these lawyers know each other and they
[27:40.200 --> 27:43.520]  work with each other all the time.
[27:43.520 --> 27:47.400]  Sometimes they work together on a case, sometimes they oppose each other on a case.
[27:47.400 --> 27:49.480]  It's their job.
[27:49.480 --> 27:50.480]  It's a profession.
[27:50.480 --> 27:51.480]  It doesn't make any difference.
[27:51.480 --> 27:55.640]  They don't get mad at another lawyer because the lawyer opposes you in court.
[27:55.640 --> 27:57.760]  That's their job.
[27:57.760 --> 28:03.960]  And the judges tend to mentor these young lawyers and help them along because the judges
[28:03.960 --> 28:04.960]  are lawyers.
[28:04.960 --> 28:08.720]  And they're all part of the same fraternity.
[28:08.720 --> 28:16.360]  So when the procé client, when the client becomes more dangerous to the lawyer than
[28:16.360 --> 28:23.320]  the judge, now the lawyer gets to go to the judge and say, hey, judge, you got to bail
[28:23.320 --> 28:28.960]  me out of this one because essentially the judges and the prosecutors, they've got the
[28:28.960 --> 28:34.840]  lawyer in this position in the first place of not actively adjudicating all these issues.
[28:34.840 --> 28:38.760]  Now he's got a client that knows about these issues and he's going to cover me if I don't
[28:38.760 --> 28:39.760]  do it.
[28:39.760 --> 28:42.000]  The lawyer's got plausible deniability.
[28:42.000 --> 28:50.680]  He can use his political influence with the prosecutor and the judge to get them to protect
[28:50.680 --> 28:51.680]  him.
[28:51.680 --> 28:59.200]  The last case I had, the judge dismissed it to protect my lawyer from me because my lawyer
[28:59.200 --> 29:05.080]  is terrified I was going to barbeque him to quote Scott Richardson into the Stone Age.
[29:05.080 --> 29:06.960]  And I was.
[29:06.960 --> 29:11.120]  So they dismissed the case to protect him from me.
[29:11.120 --> 29:17.360]  Once the client knows as much as the lawyer does, now the lawyer really has to do his
[29:17.360 --> 29:22.960]  job and we reach a point to where we don't need the lawyer anymore.
[29:22.960 --> 29:26.160]  So we've got the process working.
[29:26.160 --> 29:32.800]  It may take us five to ten years to get all the, all of these pieces in place to where
[29:32.800 --> 29:39.080]  the lawyers begin to realize that we just don't need them anymore.
[29:39.080 --> 29:45.800]  And besides doing it this way, the law becomes absolutely consistent.
[29:45.800 --> 29:46.800]  Hang on.
[29:46.800 --> 29:53.360]  Randi Kelton, Real Law Radio, call it number 512-646-1984, give us a call, we have the
[29:53.360 --> 30:03.800]  phone lines open, we'll keep open all night, we'll be right back.
[30:03.800 --> 30:07.280]  Should parents be fingerprinted to drop off their kids at daycare?
[30:07.280 --> 30:10.800]  Mississippi says yes, but only low income parents are being targeted.
[30:10.800 --> 30:16.840]  I've got your Catherine Albrecht back with more on this privacy rights issue next.
[30:16.840 --> 30:18.560]  Privacy is under attack.
[30:18.560 --> 30:22.160]  When you give up data about yourself, you'll never get it back again.
[30:22.160 --> 30:27.160]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:27.160 --> 30:32.240]  So protect your rights, say no to surveillance and keep your information to yourself.
[30:32.240 --> 30:34.920]  Privacy, it's worth hanging on to.
[30:34.920 --> 30:40.560]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
[30:40.560 --> 30:42.240]  Yahoo and Bing.
[30:42.240 --> 30:45.960]  Start over with StartPage.
[30:45.960 --> 30:50.640]  In Mississippi, low income parents are getting an ultimatum at daycare centers.
[30:50.640 --> 30:53.880]  Give up your biometric data or do without daycare.
[30:53.880 --> 30:59.000]  Under Mississippi's program, parents who receive state subsidies for childcare must have all
[30:59.000 --> 31:03.000]  ten of their fingerprints scanned, with no exceptions.
[31:03.000 --> 31:06.520]  Wealthier parents who can afford to pay for daycare don't have to do this.
[31:06.520 --> 31:10.920]  State officials are trying to justify this policy by saying that poor parents could be
[31:10.920 --> 31:16.080]  committing fraud, but they're applying the policy to the innocent as well, of course.
[31:16.080 --> 31:18.840]  So when did the working poor become suspects?
[31:18.840 --> 31:22.840]  No parent in America should be treated like a criminal just to get childcare.
[31:22.840 --> 31:52.800]  I'm Dr. Katherine Albrecht for StartPage.com, the world's most private search engine.
[31:52.800 --> 32:22.760]  I'm Dr. Katherine Albrecht for StartPage.com, the world's most private search engine.
[32:22.760 --> 32:51.720]  I'm Dr. Katherine Albrecht, the world's most private search engine.
[32:51.720 --> 32:55.080]  Now to fight for your rights with the help of this material from ruleoflawradio.com.
[32:55.080 --> 33:04.680]  Order your coffee today and together we can have free society we all want and deserve.
[33:04.680 --> 33:10.680]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:10.680 --> 33:24.640]  Yeah, I got that one rent and I'm going to solve them.
[33:24.640 --> 33:25.640]  Okay, we are back.
[33:25.640 --> 33:35.840]  Randy Kelton, rule of law radio on this Friday, the 21st day of July, 2017, and we're going,
[33:35.840 --> 33:38.240]  we got a callers, we got a bunch of callers.
[33:38.240 --> 33:41.440]  See, sometimes you have to get on your producer.
[33:41.440 --> 33:45.440]  I got on Robert's case and said he need to get out there and shake them bushes and give
[33:45.440 --> 33:49.560]  me some callers and he did a good job.
[33:49.560 --> 33:57.320]  Okay, we are going to Olivier in Tennessee, just the guy I wanted to talk to.
[33:57.320 --> 34:00.360]  So what do you have for us today?
[34:00.360 --> 34:10.880]  Well, I ain't got no recent updates, I've been researching, going over my cases and actually
[34:10.880 --> 34:21.720]  having my brother prepare for a case and I ran across an action called, it's abuse of
[34:21.720 --> 34:22.720]  process.
[34:22.720 --> 34:35.320]  In Texas, that's 32.48, yes, I'm very familiar with abuse of process, that's where you order
[34:35.320 --> 34:38.840]  somebody to court just to punish him.
[34:38.840 --> 34:44.680]  Jeff Hill may have called in tonight as well, Jeff Hill's in Mississippi and they called
[34:44.680 --> 34:51.040]  him to court once a month and he sat there all day and they never called him when the
[34:51.040 --> 34:55.280]  day was over at the same home and he was there with a whole bunch of other people they were
[34:55.280 --> 34:57.280]  doing that too.
[34:57.280 --> 35:03.440]  So if you didn't plead guilty in Mississippi, they'd make you come to court once a month
[35:03.440 --> 35:11.440]  for two, three years, that's abuse of process and should have got a criminal complaint first
[35:11.440 --> 35:12.440]  day.
[35:12.440 --> 35:17.080]  Okay, I'll shut up now Olivier.
[35:17.080 --> 35:35.400]  Right, but here I read it as a lawsuit and I was thinking, well, I'm thinking, I'm always
[35:35.400 --> 35:40.880]  thinking in terms of official oppression or official misconduct.
[35:40.880 --> 35:45.160]  If public official fails to perform a duty he's required to perform or exerts or purports
[35:45.160 --> 35:49.920]  to exert an authority he doesn't have, then that's a crime.
[35:49.920 --> 35:56.520]  If a judge orders you to come to court for no reason other than to punish you, that's
[35:56.520 --> 36:03.160]  exerting or purported to exert an authority he doesn't have and abuse of process in Texas
[36:03.160 --> 36:07.440]  specifically as a felony.
[36:07.440 --> 36:12.520]  So you probably have a penal code that goes with that.
[36:12.520 --> 36:22.680]  There's a penal code, but I was concerning myself with remedies of ways of addressing
[36:22.680 --> 36:30.280]  the courts or grabbing the attention which would be an easy process for the community
[36:30.280 --> 36:38.720]  and reading up on this abuse of process, you can, the way it's reading, you can file a
[36:38.720 --> 36:50.920]  abuse of process for, you know, the magistrate's not having a counsel at the bail hearing.
[36:50.920 --> 36:58.720]  So not only is that an issue you could raise on a rapist's corpus in the federal court,
[36:58.720 --> 37:07.560]  but you can also sue them for it and I don't think you have to wait, I don't think you
[37:07.560 --> 37:12.040]  have to wait until that your case is overturned.
[37:12.040 --> 37:21.160]  Right, because this has nothing to do with guilt or innocence.
[37:21.160 --> 37:25.720]  This has to do with the crime community against you in the process, so no, you should not
[37:25.720 --> 37:34.280]  have to wait because once they have perpetrated the act, that bill has been wrong and nothing
[37:34.280 --> 37:37.840]  can happen in that case that will unring it.
[37:37.840 --> 37:46.280]  We just talked to someone about that last night, he's actually next in line, Sonny and
[37:46.280 --> 37:56.440]  Georgia, about a judge, you know, he's going to come on, he's had some, some good outcomes
[37:56.440 --> 38:04.600]  as well, where a judge is going after some bar grievances and just a conduct complaints,
[38:04.600 --> 38:14.800]  the judge is going to rehear emotions he's already ruled against, kind of eat and crow
[38:14.800 --> 38:22.560]  there, but the point I made to Sonny doesn't make it, he said well he's going to, now he's
[38:22.560 --> 38:28.320]  going to rehear the motion and fix the issue, so no he's not, if he ruled improperly on
[38:28.320 --> 38:37.960]  that motion, that bill's been wrong and it can't be unwrung, so once they've committed
[38:37.960 --> 38:43.880]  abuse of process, that bill's been wrong, so you should be able to go after them.
[38:43.880 --> 38:51.600]  Right, now, because like I said I was doing research and reading the case while getting
[38:51.600 --> 38:57.720]  prepared to help my brother write his lawsuit and he made, he wanted me to put abuse of
[38:57.720 --> 39:02.440]  process, I want to research it, I'm sitting here like yo, this is amazing, like I don't
[39:02.440 --> 39:08.200]  have to, it doesn't say anything about guilt or anything, all it says is that if there's
[39:08.200 --> 39:21.560]  a legal process that is supposed to be due and if an act is violated, then there's element
[39:21.560 --> 39:27.640]  of abuse of process has been proven.
[39:27.640 --> 39:40.280]  Hold on, hold on, collateral estoppel, you stood in the courtroom and heard the judge
[39:40.280 --> 39:48.560]  tell these lawyers that they had been failing for the last 20 years to follow certain due
[39:48.560 --> 39:56.320]  process requirements and that they were changing their policies in order to ensure that due
[39:56.320 --> 40:03.120]  process, that's collateral estoppel.
[40:03.120 --> 40:11.040]  Now when you claim abuse of process, the judge has admitted in public that they were abusing
[40:11.040 --> 40:24.680]  process, right, okay, that makes sense, yeah, you're referring it back to my situation again,
[40:24.680 --> 40:33.600]  but what I'm trying to bring to light is that anyone can use abuse of process against
[40:33.600 --> 40:39.880]  the case because of issues that let's say without a warrant, arresting them without
[40:39.880 --> 40:46.480]  a warrant, all the issues that you can raise on habeas corpus is basically abuse of process.
[40:46.480 --> 40:53.120]  So you can literally go in with lawsuit, the community can flood them with lawsuits once
[40:53.120 --> 40:58.760]  they get educated and put a jams assistant that way.
[40:58.760 --> 41:08.000]  Or if somebody created a set of questions that went to the elements of abuse of process,
[41:08.000 --> 41:13.600]  there's only a few elements there, did the judge do this, did he do, did he call you
[41:13.600 --> 41:21.440]  to a hearing and didn't tell you why you were at the hearing, or did he call you to a hearing
[41:21.440 --> 41:27.000]  when the law doesn't allow him to call you to a hearing for that purpose.
[41:27.000 --> 41:35.200]  There are a limited number of things that actually go to breach of due process and somebody
[41:35.200 --> 41:42.080]  in Tennessee can put together a questionnaire that goes to each one of those and then produce
[41:42.080 --> 41:47.600]  a argument for each one of those.
[41:47.600 --> 41:53.560]  And these guys who have this done to them can go to that questionnaire, answer the questions
[41:53.560 --> 41:58.440]  and boom, it spit their lawsuit out for them, they got to a silent scent.
[41:58.440 --> 42:01.200]  You think they would start filing, Ben?
[42:01.200 --> 42:02.200]  Yeah.
[42:02.200 --> 42:08.440]  Well, I think it would get real ugly for the judges.
[42:08.440 --> 42:14.280]  I think it would start to file it, but I think the real reason they start filing it is once
[42:14.280 --> 42:20.040]  they get educated to the travesties that are occurring, most people don't even know, all
[42:20.040 --> 42:23.760]  they worry about is paying that phone bill and keeping their cables so they can watch
[42:23.760 --> 42:29.400]  the next game for the next week.
[42:29.400 --> 42:38.000]  Unfortunately, I guess, unfortunately, this is appropriate term, most people are so focused
[42:38.000 --> 42:48.000]  on their life they don't have time or the ability to do what we're doing.
[42:48.000 --> 42:56.200]  So if we want this fixed, we have to accommodate that and take them when they've been stung
[42:56.200 --> 43:01.640]  while you've got their attention and give them as much information as you can.
[43:01.640 --> 43:13.280]  And what I've found with a good questionnaire, a good questionnaire doesn't so much ask for
[43:13.280 --> 43:17.480]  information as it is a teaching tool.
[43:17.480 --> 43:24.560]  You ask questions for the specific purpose of educating your reader.
[43:24.560 --> 43:28.240]  And I asked the question, were you arrested, yes?
[43:28.240 --> 43:32.320]  Were you taken directly to the nearest magistrate?
[43:32.320 --> 43:37.640]  Most of the people who read that say, huh, do what?
[43:37.640 --> 43:42.960]  I was supposed to be taken directly to the nearest magistrate and you educate them in
[43:42.960 --> 43:43.960]  the process.
[43:43.960 --> 43:47.480]  So this is a good way to get people educated.
[43:47.480 --> 43:53.600]  And when they have been hammered already, now they're in a good position to learn and
[43:53.600 --> 43:54.600]  understand.
[43:54.600 --> 44:00.600]  Does that make sense to you?
[44:00.600 --> 44:08.640]  It's the 2017 Logos Radio Network Annual Fundraiser sponsored by Central Texas Gunworks, defense
[44:08.640 --> 44:10.640]  distributed in Fatsal, Delhi.
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[44:59.240 --> 45:04.440]  Are you the plaintiff or defendant in a lawsuit?
[45:04.440 --> 45:11.200]  Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course
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[46:14.840 --> 46:25.800]  Okay, we are back.
[46:25.800 --> 46:32.520]  Randy Kelton, rule of law radio on this Friday, the 21st day of July, 2017, and we're talking
[46:32.520 --> 46:34.720]  to Olivier in Tennessee.
[46:34.720 --> 46:38.640]  So, yes, this is a great issue.
[46:38.640 --> 46:45.000]  All right, because I was trying to figure out a way to make it very complicated for them
[46:45.000 --> 46:53.200]  because, you know, I figured that the people with the skills need to figure it, need to
[46:53.200 --> 47:01.560]  be more crafty and this resolves because it's very easy, it's just we're lazy.
[47:01.560 --> 47:06.480]  And when I ran across this doing the research with my late brother, it just rang bells everywhere
[47:06.480 --> 47:13.520]  because I could sue the cop individually on one suit and it come like two weeks later
[47:13.520 --> 47:18.840]  and drop a similar suit for the magistrate that was in that situation, then it comes
[47:18.840 --> 47:23.800]  similar later to drop another suit on the judge after the arraignment or whatever.
[47:23.800 --> 47:24.800]  You know what I'm saying?
[47:24.800 --> 47:34.800]  So, it's like, wow, during the whole time that your legal case is going on.
[47:34.800 --> 47:39.800]  And I found plenty of cases that have already been awarded in Tennessee.
[47:39.800 --> 47:40.800]  Wonderful.
[47:40.800 --> 47:41.800]  Wonderful.
[47:41.800 --> 47:47.760]  In Tennessee, it's in every other state.
[47:47.760 --> 47:58.040]  This may be an even more fertile ground than you are aware of yet because the way official
[47:58.040 --> 48:06.720]  misconduct reads, if you violate any law relating to your office, it doesn't have to be a big
[48:06.720 --> 48:11.520]  one, it doesn't have to be a small one and in the process, deny someone in a right, even
[48:11.520 --> 48:17.320]  if the person doesn't know he has that right, makes no difference.
[48:17.320 --> 48:25.320]  So what it allows you to do is go for these guys on really nitpicking stuff.
[48:25.320 --> 48:35.400]  I go in and craft information requests and I deliberately craft them in a way that will
[48:35.400 --> 48:44.040]  cause the person reading the request to wonder, why in the heck is he asking for this?
[48:44.040 --> 48:54.040]  And the reason I do that is because the Cove says the only request of the requester that
[48:54.040 --> 49:02.080]  the government agent may make is to determine his identity and the records sought.
[49:02.080 --> 49:12.840]  So if I can get them to ask me why I want to see this, 9-1-1, gotcha.
[49:12.840 --> 49:18.240]  The more technical we can get, the more minor we can get, the more frightening you will
[49:18.240 --> 49:19.240]  be.
[49:19.240 --> 49:24.400]  Does that make sense with you?
[49:24.400 --> 49:25.400]  Yes.
[49:25.400 --> 49:34.280]  So what I need to do is try my happiest purposes into questionnaires and to one big complete
[49:34.280 --> 49:35.280]  questionnaires.
[49:35.280 --> 49:41.320]  The happiest questionnaires have all the procedure processes that they are routinely
[49:41.320 --> 49:42.320]  violated.
[49:42.320 --> 49:48.800]  Yeah, this is not as hard as it seems on the surface because, okay, I had this thing
[49:48.800 --> 49:54.520]  happen to me, so I sit down and say, did you have this happen to you?
[49:54.520 --> 49:58.080]  And this guy says, no, I had this other happen to me, okay, you make up a question for that,
[49:58.080 --> 49:59.680]  did you have this happen to you?
[49:59.680 --> 50:07.040]  And you'll find that you talk to a half a dozen people and you mostly come across three
[50:07.040 --> 50:09.440]  or four different issues and that's it.
[50:09.440 --> 50:15.120]  You come at the issues from different directions but almost all of it goes to three or four
[50:15.120 --> 50:21.000]  or five different issues, not as complex as you would think.
[50:21.000 --> 50:25.640]  And once you got them down, no matter what they say happened, you got a question for
[50:25.640 --> 50:30.520]  that that leads to them some remedy.
[50:30.520 --> 50:37.960]  When we start stinging these guys on minor issues, you hear me talk about the criminal
[50:37.960 --> 50:38.960]  complaints.
[50:38.960 --> 50:46.160]  I love to file the criminal complaints because I get all these minor or seemingly minor issues
[50:46.160 --> 50:50.840]  that these guys never thought about.
[50:50.840 --> 50:58.480]  I give a complaint to a police officer and he takes that complaint to the police department
[50:58.480 --> 51:02.800]  and they take it toward in the trash.
[51:02.800 --> 51:07.520]  Then I file criminally against the police officer and he said, what would I do?
[51:07.520 --> 51:13.520]  I filed a policy, he said, well, policy is your problem, not my problem, you can use
[51:13.520 --> 51:18.520]  your policy for toilet paper, I'm here on code, that's what the code says you're supposed
[51:18.520 --> 51:19.520]  to do.
[51:19.520 --> 51:24.600]  I give you a complaint, 2.13 says you're supposed to give that to some magistrate and you give
[51:24.600 --> 51:28.560]  it to your boss, is he a magistrate?
[51:28.560 --> 51:30.880]  What part of this is harder to understand?
[51:30.880 --> 51:37.440]  And now he don't understand how this is happening to him and if you do the professional
[51:37.440 --> 51:40.520]  conduct complaint against him, he's going to go ballistic.
[51:40.520 --> 51:47.440]  So, the more minor it is, the more nitpicking it is, the more effective it is.
[51:47.440 --> 51:55.520]  I mean, that's kind of counterintuitive, you would think it needs to be really important
[51:55.520 --> 52:01.120]  to be effective, nah, really, the big stuff when they do really stupid stuff, everybody
[52:01.120 --> 52:04.960]  gets in line to protect them.
[52:04.960 --> 52:15.320]  The little bitty annoying stuff, the minor things they never thought of, I had a clerk
[52:15.320 --> 52:23.560]  tell me when I filed a habeas corpus, that'll be $240 filing fee, oh no, no, no, wait, wait,
[52:23.560 --> 52:27.360]  don't tell me that, she's the one I have to tell you that, no, no, no, don't you tell
[52:27.360 --> 52:31.560]  me that, go get Lloyd, the elected district clerk, get him to come out here and tell me
[52:31.560 --> 52:38.880]  that, so she wouldn't have got Lloyd, and he told me that, and I said, Lloyd, wait
[52:38.880 --> 52:46.040]  right there, don't go anywhere, somebody's going to want to talk to you, flipped open
[52:46.040 --> 52:52.280]  my phone, dial 911, and got this big argument with the dispatcher whether or not she was
[52:52.280 --> 53:03.680]  going to send a deputy out to arrest the clerk, not have told him what was wrong yet, Texas
[53:03.680 --> 53:13.920]  law on filing a habeas says there shall be no filing fee, well, Lloyd legitimately didn't
[53:13.920 --> 53:18.960]  know that, if I'd have told him he'd have looked it up and said, oh, okay, fine, you're
[53:18.960 --> 53:28.000]  right, he wouldn't have charged me, but had I done that, I would have missed out on so
[53:28.000 --> 53:36.120]  much fun, they sent this big old fat cop and he come in the back door and said, what seems
[53:36.120 --> 53:43.280]  to be the problem here, I said the problem is you don't have pencil and paper, well why
[53:43.280 --> 53:48.080]  do I need pencil and paper, you need pencil and paper to take my criminal complaint against
[53:48.080 --> 53:54.200]  this district clerk, well why would I take a criminal complaint against the district
[53:54.200 --> 54:02.160]  clerk, because he's a criminal, that's why, and Lloyd is standing there listening to this
[54:02.160 --> 54:11.120]  wondering what is happening, and then I told the policeman, I took out the code and showed
[54:11.120 --> 54:21.000]  it to him, there shall be no filing fee for a habeas corpus, and Lloyd said, why didn't
[54:21.000 --> 54:27.400]  you tell me that, Mr. Kelton, so man, you're the clerk, you're supposed to know that, I
[54:27.400 --> 54:33.240]  saw him in the courthouse the next day, I said hello, Lloyd, hello, Mr. Kelton, so how's
[54:33.240 --> 54:37.160]  it going, Lloyd, how's it going, fine, are you going to try to get me arrested again
[54:37.160 --> 54:45.080]  today, oh that, heck I was just joking around, wasn't that a hoot, he said, well I don't
[54:45.080 --> 54:52.760]  think it's very funny, but you can be sure, he will never charge a filing fee for a habeas
[54:52.760 --> 55:00.440]  corpus again, the more minor the better, and this goes with my admonition, don't give
[55:00.440 --> 55:07.440]  legal advice, so you need legal advice Lloyd, go to the prosecutor's attorney, he'll tell
[55:07.440 --> 55:13.120]  you you can't file that, you can't charge me that fee, you don't have to be reasonable,
[55:13.120 --> 55:22.040]  you don't have to be understanding, their job, do your job, the big things and the small
[55:22.040 --> 55:30.920]  things, and I'm not concerned about your problems, that makes, okay hang on, I had to mute you
[55:30.920 --> 55:40.040]  there Olivier, we were getting a lot of background noise, okay, does that sound, can you be something
[55:40.040 --> 55:48.400]  that makes it look like you can have a lot of fun with these guys, yeah, well that's
[55:48.400 --> 55:53.360]  your version of it, my version of it is I can see a clear picture, they're doing business
[55:53.360 --> 56:01.440]  on us, and I'm looking for a solution, I'm not looking for fun, listen, this is only
[56:01.440 --> 56:11.640]  secondarily fun, this is fixing the problem, and it also, it opens the door to more things,
[56:11.640 --> 56:20.240]  that I really been after the clerk, he was set up, I called the police and the police
[56:20.240 --> 56:25.800]  refused to take the complaint, now I go after the policeman for not taking a complaint against
[56:25.800 --> 56:31.600]  the clerk, and I file that with the district attorney, and when the district attorney tries
[56:31.600 --> 56:38.800]  to weasel out from under it, then I land on him, and this was in Randall County, Texas,
[56:38.800 --> 56:46.120]  and that's exactly what I did to the district clerk, and I could have sued him, I had mountains
[56:46.120 --> 56:55.240]  of lawsuits against him, because once you start the process, they give you more and
[56:55.240 --> 57:01.600]  more claims you can make against them, and with what you're doing, you're saying this
[57:01.600 --> 57:08.880]  judge did this wrong, this wrong, and this wrong, and the jury's going to say, well,
[57:08.880 --> 57:15.880]  every judge makes a mistake, and he say, no, no, no, that's not what it was, this judge
[57:15.880 --> 57:23.720]  did all of this stuff because he knew he could get away with it, he knew that there was nothing
[57:23.720 --> 57:30.080]  I could do, there's laws preventing him from doing that, but he don't care, because he
[57:30.080 --> 57:34.080]  knows everybody will protect him, look here, I filed the criminal charges against him for
[57:34.080 --> 57:39.800]  doing this with the police, and they refused to act, they just tried to protect him, so
[57:39.800 --> 57:43.360]  I filed against the police with the district attorney, and he did the same thing, I tried
[57:43.360 --> 57:51.240]  to get the grand jury and they blocked me, you're my only remedy, this criminal complaints
[57:51.240 --> 57:56.480]  are easy, they don't take much time, and they give you lots of complaints, and you think
[57:56.480 --> 58:02.080]  they're worried about you now, when you start filing criminal complaints against them every
[58:02.080 --> 58:09.960]  time they squeak, they won't be able to tie a policeman up and throw him at you, they
[58:09.960 --> 58:20.280]  won't want anything to do with you, and if you want to fix the system, criminal complaints
[58:20.280 --> 58:27.960]  is a way to get it done, and also give you a whole stack of new complaints, you know,
[58:27.960 --> 58:34.440]  you always want more than you're willing to settle for, so they do something wrong, you
[58:34.440 --> 58:40.480]  create a whole bunch more stuff to throw at them, say okay, tell you what guys, you give
[58:40.480 --> 58:47.280]  me my claim on this guy and I'll drop all that other stuff, hang on, Randy Kelton,
[58:47.280 --> 58:50.440]  we'll be right back.
[58:50.440 --> 58:54.560]  Would you like to make more definite progress in your walk with God?
[58:54.560 --> 58:59.760]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.760 --> 59:04.480]  can really help, the New Testament recovery version is one of the most comprehensive study
[59:04.480 --> 59:09.920]  Bibles available today, it's an accurate translation and it contains thousands of footnotes that
[59:09.920 --> 59:14.760]  will help you to know God and to know the meaning of life, the free books are a three
[59:14.760 --> 59:20.560]  volume set called basic elements of the Christian life, chapter by chapter basic elements of
[59:20.560 --> 59:26.160]  the Christian life clearly presents God's plan of salvation, growing in Christ and how
[59:26.160 --> 59:32.360]  to build up the church, to order your free New Testament recovery version and basic elements
[59:32.360 --> 59:46.720]  of the Christian life, call Bibles for America toll free at 888-551-0102 or visit us online
[59:46.720 --> 01:00:03.200]  at bfa.org.
[01:00:03.200 --> 01:00:05.480]  The following news flash is brought to you by the Lowest Star of Lowdowns.
[01:00:05.480 --> 01:00:13.160]  Markets for Friday 14th of July 2017 are currently trading with gold at $1,228.48 an ounce, silver
[01:00:13.160 --> 01:00:21.960]  $15.96 an ounce, Texas Crude $46.08 a barrel and Bitcoin is sitting nearly at $2,178 U.S.
[01:00:21.960 --> 01:00:22.960]  currency.
[01:00:22.960 --> 01:00:30.560]  Today in history, the year 1789, kick starting the French Revolution, citizens of Paris stormed
[01:00:30.560 --> 01:00:35.200]  the Bastille representing the royal authority in the center of Paris, the prison contained
[01:00:35.200 --> 01:00:40.120]  just seven inmates at the time of its storming but was a symbol of the abuses by the monarchy,
[01:00:40.120 --> 01:00:49.520]  this fall was the flash point of the French Revolution, Bastille Day, today in history.
[01:00:49.520 --> 01:00:54.720]  In recent years, Russian Foreign Minister Spokeswoman Maria Zakharova stated today Friday in a news
[01:00:54.720 --> 01:00:59.480]  briefing that quote, the number of staff at the U.S. Embassy in Moscow exceeds the number
[01:00:59.480 --> 01:01:03.120]  of our embassy employees in Washington by a big margin.
[01:01:03.120 --> 01:01:08.120]  One of our options apart from a tit for tat expulsion of Americans would be to even out
[01:01:08.120 --> 01:01:09.120]  the numbers.
[01:01:09.120 --> 01:01:13.160]  There are too many employees of the CIA and Pentagon's espionage unit working under the
[01:01:13.160 --> 01:01:18.280]  roof of the American diplomatic mission whose activity does not correspond at all with their
[01:01:18.280 --> 01:01:19.280]  status.
[01:01:19.280 --> 01:01:23.640]  This Russian retaliation likely because the Trump administration has refused to hand back
[01:01:23.640 --> 01:01:27.800]  to Russian diplomatic compounds which were seized at the same time as some of the Russian
[01:01:27.800 --> 01:01:32.320]  diplomats were sent home last year, that was when former President Barack Obama ordered
[01:01:32.320 --> 01:01:42.320]  the expulsion of 35 suspected Russian spies back in December.
[01:01:42.320 --> 01:01:47.400]  Samsung in a press release recently unveiled its first-ever Cinema LED screen that displays
[01:01:47.400 --> 01:01:53.040]  huge 33.8 feet and provides 4K resolution as well as peak brightness levels that are
[01:01:53.040 --> 01:01:57.920]  nearly 10 times brighter than those offered by standard cinema projector technologies
[01:01:57.920 --> 01:02:02.880]  along with being equipped with distortion-free tech and offers a nearly infinite contrast
[01:02:02.880 --> 01:02:07.960]  ratio which facilitates deep blacks and extremely bright colors, the Cinema LED screen is set
[01:02:07.960 --> 01:02:12.120]  to be paired with a brand new surround sound system from JBL.
[01:02:12.120 --> 01:02:17.760]  The Super S as it's being dubbed is an action at the Latte World Tower location of Latte
[01:02:17.760 --> 01:02:22.760]  cinemas in Korea with Cars 3 and Spider-Man Homecoming being the first movie scheduled
[01:02:22.760 --> 01:02:28.240]  to play on it.
[01:02:28.240 --> 01:02:32.960]  In a press release we just stated that it will be awarding up to 500,000 to 50 eligible
[01:02:32.960 --> 01:02:38.840]  U.S.-based small business food service owners who commit to joining the 100% cashless quest.
[01:02:38.840 --> 01:02:43.600]  In short, it's an effort to convince 50 small business restaurants, cafes and food trucks
[01:02:43.600 --> 01:02:49.640]  to go 100% cashless in favor of credit or debit with the incentive of receiving 10,000 to
[01:02:49.640 --> 01:02:56.640]  help pay for the tech upgrades.
[01:03:19.640 --> 01:03:29.640]  Okay, we are back, Randy Kelton, we're on the radio and we're talking to Olivier in
[01:03:29.640 --> 01:03:30.640]  Tennessee.
[01:03:30.640 --> 01:03:43.000]  Olivier, you're missing half of this whole battle and probably the biggest area of leverage
[01:03:43.000 --> 01:03:49.720]  you could come up with.
[01:03:49.720 --> 01:03:57.480]  And finding criminal complaints is the easiest way to really put these guys in an untenable
[01:03:57.480 --> 01:03:58.480]  position.
[01:03:58.480 --> 01:04:08.480]  Anyway, you'll probably get to that down the road, but back to abusive process.
[01:04:08.480 --> 01:04:14.920]  Well, I'm thinking about, like now that I got my hair wrapped around me, I could go
[01:04:14.920 --> 01:04:19.200]  file a criminal complaint because it's not going nowhere in the file suit for abusive
[01:04:19.200 --> 01:04:20.200]  process.
[01:04:20.200 --> 01:04:23.600]  Because when I file a suit, I want a bullseye.
[01:04:23.600 --> 01:04:28.280]  I don't want to file a suit and just be pressed and just...
[01:04:28.280 --> 01:04:33.480]  And for abusive process, that's dead on.
[01:04:33.480 --> 01:04:40.040]  For abusive process, you have a right to do process, to the due course of the loss.
[01:04:40.040 --> 01:04:44.200]  And they have abused that process and in fact, they're not doing your right.
[01:04:44.200 --> 01:04:52.560]  So when they abuse the process, you go down and file a complaint against them for abusive
[01:04:52.560 --> 01:04:55.520]  process, a criminal complaint.
[01:04:55.520 --> 01:04:59.720]  And then the one you file it with will commit abusive process.
[01:04:59.720 --> 01:05:09.680]  In order to shield this one from prosecution and think of it in terms of grand juries or
[01:05:09.680 --> 01:05:12.800]  pettit juries, what is it...
[01:05:12.800 --> 01:05:21.680]  What's going to make a jury feel like these guys deserve a ruling against them?
[01:05:21.680 --> 01:05:27.960]  The fact that a clerk did something you didn't like and say, well, you know, everybody screws
[01:05:27.960 --> 01:05:36.160]  up every now and then and we shouldn't punish somebody just because they made a mistake.
[01:05:36.160 --> 01:05:41.800]  So you come in there and say, this was no mistake.
[01:05:41.800 --> 01:05:49.600]  This was part and parcel to an ongoing criminal conspiracy to deny everybody, you, me, your
[01:05:49.600 --> 01:05:53.240]  kids, your grandkids, everybody do a process.
[01:05:53.240 --> 01:05:56.040]  This is how the system works.
[01:05:56.040 --> 01:06:00.000]  Everybody protects this clerk so she can do anything she wants to.
[01:06:00.000 --> 01:06:01.000]  And here's how.
[01:06:01.000 --> 01:06:04.920]  I filed criminal charges against the clerk and Bailiff refused to take it.
[01:06:04.920 --> 01:06:10.800]  Even though it's his job to keep the peace, he abused process by failing to perform a
[01:06:10.800 --> 01:06:12.920]  duty he's required to perform.
[01:06:12.920 --> 01:06:18.280]  So I filed against the prosecutor, with the prosecutor against the bailiff and he refused
[01:06:18.280 --> 01:06:19.280]  to act.
[01:06:19.280 --> 01:06:23.720]  So the bailiff knew he was protected because he could do anything he wanted to.
[01:06:23.720 --> 01:06:25.720]  He wasn't worried about what the law said.
[01:06:25.720 --> 01:06:34.200]  This is, it's not some great grand conspiracy, it's just these local politicians doing whatever
[01:06:34.200 --> 01:06:35.200]  they want to.
[01:06:35.200 --> 01:06:37.400]  They don't care about us.
[01:06:37.400 --> 01:06:41.440]  Now you've got something you can sell at your area.
[01:06:41.440 --> 01:06:51.200]  They don't have to adjudicate all those secondary issues, but it's like playing poker.
[01:06:51.200 --> 01:06:57.680]  You're threatening them with something much worse.
[01:06:57.680 --> 01:06:58.680]  Think about it.
[01:06:58.680 --> 01:07:04.160]  And first time people file a criminal complaint, they're really concerned because the police
[01:07:04.160 --> 01:07:08.760]  would always say, oh, wow, you better be careful, you can get a lot of criminal violence, criminal
[01:07:08.760 --> 01:07:09.760]  complaints.
[01:07:09.760 --> 01:07:11.760]  No, that's not true.
[01:07:11.760 --> 01:07:19.840]  So long as you don't put anything in the complaint that is untrue, that is absolutely, provably
[01:07:19.840 --> 01:07:26.800]  untrue, you are absolutely protected.
[01:07:26.800 --> 01:07:30.920]  You got the same protection the judge has.
[01:07:30.920 --> 01:07:35.480]  The police want the public to report crime.
[01:07:35.480 --> 01:07:41.000]  So the last thing they're going to do when you report crime is come after you for reporting
[01:07:41.000 --> 01:07:42.000]  crime.
[01:07:42.000 --> 01:07:46.680]  Now that's really going to look bad.
[01:07:46.680 --> 01:07:56.240]  And I'm to the point to where if a official says anything to me, even if it's under the
[01:07:56.240 --> 01:08:07.200]  guise of good advice, if I can in any way interpret it as a threat, I land on them right away.
[01:08:07.200 --> 01:08:14.480]  And that's a really great one because most of the time they really aren't intended what
[01:08:14.480 --> 01:08:17.000]  they're saying as a threat.
[01:08:17.000 --> 01:08:23.720]  I don't care, keep your mouth shut, don't tell me not to do what the law says I'm supposed
[01:08:23.720 --> 01:08:28.320]  to do or this is a break you from it.
[01:08:28.320 --> 01:08:36.000]  And once you walk up the line, once you get past the prosecutor and file a complaint against
[01:08:36.000 --> 01:08:42.640]  the prosecutor with the district judge and he refuses to act, then you file a complaint
[01:08:42.640 --> 01:08:45.400]  against the district judge.
[01:08:45.400 --> 01:08:52.560]  Once you've done that, now you become essentially untouchable.
[01:08:52.560 --> 01:08:57.680]  Anybody says anything to you or does and if you get arrested after that, you file criminal
[01:08:57.680 --> 01:09:04.160]  charges against the district judge charging him with retaliation.
[01:09:04.160 --> 01:09:12.160]  He did that because I filed against him and if he's innocent, he is going to go ballistic
[01:09:12.160 --> 01:09:20.080]  on the police officer and he's going to want to know what did you do to make him think
[01:09:20.080 --> 01:09:25.160]  I sent you down there and the cops could say, I didn't do anything, I didn't do anything.
[01:09:25.160 --> 01:09:28.160]  Oh, it's great.
[01:09:28.160 --> 01:09:34.920]  That's what I'm going to go over a couple of issues before I get off the phone about
[01:09:34.920 --> 01:09:35.920]  that.
[01:09:35.920 --> 01:09:43.160]  I was thinking about, they have a standing order where they take your bond money and
[01:09:43.160 --> 01:09:51.000]  use it out of content with the statutory requirement of the bond release.
[01:09:51.000 --> 01:09:54.600]  That is abuse of process, right?
[01:09:54.600 --> 01:09:55.600]  Yes?
[01:09:55.600 --> 01:09:56.600]  No?
[01:09:56.600 --> 01:09:59.600]  No, that's RICO.
[01:09:59.600 --> 01:10:04.880]  That's organized crime.
[01:10:04.880 --> 01:10:10.480]  That's not abuse of process, well, it is abuse of process, but abuse of process is a lesser
[01:10:10.480 --> 01:10:24.440]  included offense of organized crime where you have one or more people who conspire with
[01:10:24.440 --> 01:10:32.880]  one another to perform predicate acts toward an ongoing criminal conspiracy.
[01:10:32.880 --> 01:10:35.200]  That's how RICO is defined.
[01:10:35.200 --> 01:10:43.080]  I had a federal judge tell me once, filing a RICO suit against public officials is like
[01:10:43.080 --> 01:10:49.000]  dropping an atomic bomb on the courthouse.
[01:10:49.000 --> 01:10:50.000]  Terrifies.
[01:10:50.000 --> 01:11:00.480]  Now RICO is somewhat more complicated to file, but it is much more powerful because now you
[01:11:00.480 --> 01:11:09.480]  file a civil action and in the civil action you can, you have greater leeway in terms
[01:11:09.480 --> 01:11:17.280]  of discovery, but with a RICO, you can use that civil discovery then to go after them
[01:11:17.280 --> 01:11:24.640]  criminally and that's what terrifies them.
[01:11:24.640 --> 01:11:30.360]  Just something to look at, something to consider, if they only did this to one person, didn't
[01:11:30.360 --> 01:11:36.800]  it would be abuse of process, but if they do this as a matter of policy, that's ongoing
[01:11:36.800 --> 01:11:37.800]  criminal conspiracy.
[01:11:37.800 --> 01:11:38.800]  All right.
[01:11:38.800 --> 01:11:39.800]  I understand that now.
[01:11:39.800 --> 01:11:40.800]  Okay.
[01:11:40.800 --> 01:11:49.560]  The other issue was that and right now, the prosecutor, they prosecuted me for felony
[01:11:49.560 --> 01:11:58.120]  evading arrest without a charge being committed, all right, and that's abuse of process.
[01:11:58.120 --> 01:12:07.080]  So couldn't I include the judge, the DEA, and who's responsible for the judge's DEA,
[01:12:07.080 --> 01:12:09.040]  the state or the county?
[01:12:09.040 --> 01:12:13.760]  It depends on whether it's a county court or a district court.
[01:12:13.760 --> 01:12:16.600]  It's a county court and the county is.
[01:12:16.600 --> 01:12:21.600]  If it's a district court, felony level, then it's the state.
[01:12:21.600 --> 01:12:24.560]  District, what's your name?
[01:12:24.560 --> 01:12:29.880]  Dane, it's a Montgomery County court house.
[01:12:29.880 --> 01:12:35.200]  If it's a county court, then the county is the one that is you would sue.
[01:12:35.200 --> 01:12:40.320]  If it's a district court, then the state would be the one you would sue.
[01:12:40.320 --> 01:12:43.200]  What do you mean by when you say district court?
[01:12:43.200 --> 01:12:48.160]  The district court is a court that will handle felonies.
[01:12:48.160 --> 01:12:49.160]  Okay.
[01:12:49.160 --> 01:12:52.800]  So it wasn't a district court.
[01:12:52.800 --> 01:12:58.800]  Okay, if it was in a county court, then it is the county that you would sue.
[01:12:58.800 --> 01:13:08.960]  This was a felony offense and if it's a felony offense, then definitely it's the state.
[01:13:08.960 --> 01:13:16.520]  So that means the state prosecutes felonies, the counties prosecute misdemeanors.
[01:13:16.520 --> 01:13:17.520]  Okay.
[01:13:17.520 --> 01:13:24.520]  So not only do I have them for false decrismation, I can also sue them right now for the abusive
[01:13:24.520 --> 01:13:31.760]  process for taking me to trial without having a crime committed as the statute requires.
[01:13:31.760 --> 01:13:36.600]  Okay, this opens another door.
[01:13:36.600 --> 01:13:45.600]  The judge and the prosecutor have immunity from suit unless they act without subject
[01:13:45.600 --> 01:13:48.320]  matter jurisdiction.
[01:13:48.320 --> 01:13:55.320]  A proper criminal complaint is a threshold issue.
[01:13:55.320 --> 01:14:03.200]  There must be a proper criminal complaint in order for there to be subject matter jurisdiction.
[01:14:03.200 --> 01:14:07.600]  There must be subject matter jurisdiction in order for the prosecutor and the judge to
[01:14:07.600 --> 01:14:10.600]  enjoy immunity.
[01:14:10.600 --> 01:14:13.600]  Sound interesting?
[01:14:13.600 --> 01:14:17.760]  So it'll stick.
[01:14:17.760 --> 01:14:25.280]  So this is better than just abuse or process.
[01:14:25.280 --> 01:14:33.040]  You go after them for abusing process when they lack subject matter jurisdiction.
[01:14:33.040 --> 01:14:34.640]  Now that goes to their immunity.
[01:14:34.640 --> 01:14:40.440]  Now you can sue them personally.
[01:14:40.440 --> 01:14:43.800]  And would it have to go to federal or?
[01:14:43.800 --> 01:14:47.080]  No, you can do that in state.
[01:14:47.080 --> 01:14:50.320]  We have a great case in Texas that addresses this issue.
[01:14:50.320 --> 01:14:56.320]  A guy in a cop in El Paso picked up a 19-year-old girl from one jail and was transporting her
[01:14:56.320 --> 01:15:02.280]  to another jail and decided to stop and have a little recreation and he raped her in the
[01:15:02.280 --> 01:15:03.280]  patrol car.
[01:15:03.280 --> 01:15:10.440]  Many takes her to the jail and dumps her in the jail, but she sued him and he claimed qualified
[01:15:10.440 --> 01:15:14.640]  immunity because he was acting in the scope of his authority.
[01:15:14.640 --> 01:15:22.000]  And the judge said rape is not within scope.
[01:15:22.000 --> 01:15:29.000]  So the judge and the prosecutor are immune so long as they act within scope.
[01:15:29.000 --> 01:15:39.480]  In order to be within scope, they must have demonstrable subject matter jurisdiction.
[01:15:39.480 --> 01:15:48.280]  And subject matter jurisdiction can never be waived and it can be challenged no matter
[01:15:48.280 --> 01:15:54.480]  how remote in history.
[01:15:54.480 --> 01:16:02.280]  You got to shot at both the judge and the prosecutor, that will really make them wild.
[01:16:02.280 --> 01:16:04.720]  And do it in the court.
[01:16:04.720 --> 01:16:05.720]  Okay.
[01:16:05.720 --> 01:16:14.720]  So go ahead and file your abusive process suit, but claim that the abusive process occurred
[01:16:14.720 --> 01:16:19.040]  when there was no subject matter jurisdiction.
[01:16:19.040 --> 01:16:25.720]  When their lawyer reads that, he'll swallow his gum.
[01:16:25.720 --> 01:16:28.440]  Okay.
[01:16:28.440 --> 01:16:36.680]  Whether or not they go to trial, whether or not your case gets dismissed, does not go
[01:16:36.680 --> 01:16:39.880]  to what you can prove.
[01:16:39.880 --> 01:16:44.960]  It goes to the claim that you make.
[01:16:44.960 --> 01:16:53.800]  If you claim that the judge did something improper or illegal and you don't claim lack
[01:16:53.800 --> 01:16:57.960]  of subject matter jurisdiction, then he can't be sued.
[01:16:57.960 --> 01:16:58.960]  Okay.
[01:16:58.960 --> 01:16:59.960]  Yo.
[01:16:59.960 --> 01:17:00.960]  Yo.
[01:17:00.960 --> 01:17:01.960]  I love Logos.
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[01:17:55.960 --> 01:17:56.960]  Thank you so much.
[01:17:56.960 --> 01:17:58.480]  We are welcome.
[01:17:58.480 --> 01:18:00.800]  Happy holidays, Logos.
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[01:18:59.080 --> 01:19:00.080]  collectors now.
[01:19:00.080 --> 01:19:29.200]  Okay, we are back, Randy Kelton, ruleoflawradio, and we're talking to Olivier in Tennessee.
[01:19:29.200 --> 01:19:36.200]  Okay, we kind of fell off the cliff there.
[01:19:36.200 --> 01:19:43.760]  You told me to make sure I include lack of the lack of subject matter jurisdiction to
[01:19:43.760 --> 01:19:46.560]  remove the immunity.
[01:19:46.560 --> 01:19:49.400]  Exactly.
[01:19:49.400 --> 01:19:58.960]  I remember I was reading the case law about that DTLA, governmental immunity, and it cleared
[01:19:58.960 --> 01:19:59.960]  it up for me.
[01:19:59.960 --> 01:20:10.040]  It says that that requirement only applies to the municipality.
[01:20:10.040 --> 01:20:15.800]  It does not apply to the employee.
[01:20:15.800 --> 01:20:25.120]  So when they do make an immunity claim, it's only for the city, not the employee.
[01:20:25.120 --> 01:20:27.400]  That would be unusual.
[01:20:27.400 --> 01:20:35.120]  Generally employees are given derivative immunity under the city's immunity.
[01:20:35.120 --> 01:20:43.280]  It would be unusual if there isn't something mitigating that or perhaps you've misread it
[01:20:43.280 --> 01:20:50.200]  because that doesn't sound consistent with every other state that I've ever seen.
[01:20:50.200 --> 01:21:00.880]  Well, in this case, they dropped a suit against the municipality and the officers were charged.
[01:21:00.880 --> 01:21:12.760]  Okay, that would go to, what's the case, where you have accused the officers of acting outside
[01:21:12.760 --> 01:21:13.760]  scope.
[01:21:13.760 --> 01:21:20.600]  We just had a case in the Fifth Circuit here in, there's this federal Fifth Circuit where
[01:21:20.600 --> 01:21:25.760]  a guy was videotaping the Fort Worth Police Department from across the street.
[01:21:25.760 --> 01:21:30.720]  The police came out cuffed him, put him in the patrol car, rolled up all the windows
[01:21:30.720 --> 01:21:35.320]  in 90 degree heat and kept him in there for an hour and then decided to release him while
[01:21:35.320 --> 01:21:38.280]  he sued him.
[01:21:38.280 --> 01:21:50.960]  And the Fifth Circuit said that the right to videotape the police had not been clearly
[01:21:50.960 --> 01:22:00.880]  defined so that the police acted in good faith reliance on standing policy and granted them
[01:22:00.880 --> 01:22:01.880]  immunity.
[01:22:01.880 --> 01:22:02.880]  What?
[01:22:02.880 --> 01:22:14.360]  But went on to say, now the right is clearly defined stating that the next time this happens
[01:22:14.360 --> 01:22:20.320]  again there won't be any immunity.
[01:22:20.320 --> 01:22:21.720]  Go left?
[01:22:21.720 --> 01:22:30.800]  Yes, so now the police have been given notice that the public can videotape them.
[01:22:30.800 --> 01:22:38.960]  So now if they interfere with the public, now they can be sued.
[01:22:38.960 --> 01:22:51.400]  So if you sued the person for performing an act that was illegal and the person was a
[01:22:51.400 --> 01:22:59.280]  employee of the city, the city is going to generally have immunity, but the person won't
[01:22:59.280 --> 01:23:05.880]  have immunity for his personal act if the personal act is outside of scope and generally
[01:23:05.880 --> 01:23:13.440]  committing crimes in office or outside of scope.
[01:23:13.440 --> 01:23:23.720]  If you try to sue a clerk for doing her job and she's going to have immunity and if a
[01:23:23.720 --> 01:23:32.320]  clerk does something improper, she will almost, as long as it's within the scope of her authority,
[01:23:32.320 --> 01:23:41.360]  like the clerk doesn't accept a filing in the court, she's going to have immunity from
[01:23:41.360 --> 01:23:48.000]  suit because it's within the scope of her authority to accept or not accept filings.
[01:23:48.000 --> 01:23:52.600]  If there's certain things wrong with a filing, the clerk can't take it.
[01:23:52.600 --> 01:24:01.560]  So what they're saying is a clerk has to have some leeway in her ability to effectively
[01:24:01.560 --> 01:24:02.560]  do her job.
[01:24:02.560 --> 01:24:09.840]  So she can't be risking a lawsuit in order to keep a proper record.
[01:24:09.840 --> 01:24:14.880]  So even if she makes a mistake here, we're going to protect her.
[01:24:14.880 --> 01:24:26.880]  But if she hits you over the head with a cold drink can, that's not within scope, so she's
[01:24:26.880 --> 01:24:27.880]  not protected.
[01:24:27.880 --> 01:24:28.880]  Okay.
[01:24:28.880 --> 01:24:29.880]  Okay.
[01:24:29.880 --> 01:24:40.920]  Or if the city or her employer ordered her to hit you over here with a can, then she's,
[01:24:40.920 --> 01:24:50.560]  as long as she did, well, if the city ordered her to do something that was patently illegal,
[01:24:50.560 --> 01:24:53.560]  she's not protected.
[01:24:53.560 --> 01:24:55.560]  Is the city protected?
[01:24:55.560 --> 01:24:56.560]  No.
[01:24:56.560 --> 01:24:57.560]  Okay.
[01:24:57.560 --> 01:24:58.560]  Oh, wait, wait.
[01:24:58.560 --> 01:24:59.560]  I said no.
[01:24:59.560 --> 01:25:00.560]  Yes, probably.
[01:25:00.560 --> 01:25:07.400]  There's only one thing I know of that the city is immune from suit for and that's false
[01:25:07.400 --> 01:25:08.400]  imprisonment.
[01:25:08.400 --> 01:25:17.320]  In that case, they all municipalities and government agencies have waived their sovereign
[01:25:17.320 --> 01:25:25.080]  immunity from suits for false imprisonment.
[01:25:25.080 --> 01:25:33.000]  Generally always the city is immune unless the city has acted outside scope, like in
[01:25:33.000 --> 01:25:36.000]  your case where they came in and tore down your house.
[01:25:36.000 --> 01:25:39.320]  I had no authority to do it.
[01:25:39.320 --> 01:25:40.320]  That's outside scope.
[01:25:40.320 --> 01:25:42.520]  For that, they're not going to have immunity.
[01:25:42.520 --> 01:25:43.520]  Okay.
[01:25:43.520 --> 01:25:44.520]  All right.
[01:25:44.520 --> 01:25:50.680]  Now it makes sense because the courts, I remember the courts, what I read is that it would have
[01:25:50.680 --> 01:25:56.800]  immunity unless there is a statutory right to sue them.
[01:25:56.800 --> 01:26:03.720]  So I guess the imminent domain gives me a statutory right to sue them.
[01:26:03.720 --> 01:26:04.720]  Yes.
[01:26:04.720 --> 01:26:07.320]  In your case in Texas, it did.
[01:26:07.320 --> 01:26:08.320]  In Texas.
[01:26:08.320 --> 01:26:09.320]  I mean Tennessee.
[01:26:09.320 --> 01:26:10.320]  All right.
[01:26:10.320 --> 01:26:11.320]  Thank you, Randy.
[01:26:11.320 --> 01:26:15.640]  I want to let somebody get us on the phone.
[01:26:15.640 --> 01:26:16.640]  Okay.
[01:26:16.640 --> 01:26:20.040]  Thank you, Olivier, and keep up the good work.
[01:26:20.040 --> 01:26:21.040]  All right.
[01:26:21.040 --> 01:26:22.040]  Thanks.
[01:26:22.040 --> 01:26:23.040]  Okay.
[01:26:23.040 --> 01:26:26.040]  Now we're going to go to Jack in Texas.
[01:26:26.040 --> 01:26:27.040]  Hello, Jack.
[01:26:27.040 --> 01:26:28.040]  Hello, Randy.
[01:26:28.040 --> 01:26:29.040]  Can you hear me?
[01:26:29.040 --> 01:26:30.040]  Yes, I can hear you.
[01:26:30.040 --> 01:26:38.480]  What do you have for us today?
[01:26:38.480 --> 01:26:42.160]  Well, I've got a pretty easy one for you today.
[01:26:42.160 --> 01:26:51.480]  I just recently finished the Jurisdictionary course and I'm wondering where I should go
[01:26:51.480 --> 01:26:52.480]  next.
[01:26:52.480 --> 01:27:00.200]  I'm going to move into specializing for now into the consumer credit, consumer debt field.
[01:27:00.200 --> 01:27:07.080]  Go to Mike Mearris, the blue banner.
[01:27:07.080 --> 01:27:09.280]  I did look up that Mike Mearris.
[01:27:09.280 --> 01:27:13.560]  It is a little, well, it's a lot too pricey for me right now.
[01:27:13.560 --> 01:27:18.960]  And I was wondering if you had an alternative source for information.
[01:27:18.960 --> 01:27:27.160]  Well, Read Fair Debt Collections Practices Act is not very big.
[01:27:27.160 --> 01:27:30.760]  About all you need is in there.
[01:27:30.760 --> 01:27:31.760]  Which one is that now?
[01:27:31.760 --> 01:27:33.240]  Can you say that again?
[01:27:33.240 --> 01:27:37.240]  FDCPA, Fair Debt Collections Practices Act.
[01:27:37.240 --> 01:27:38.240]  Okay.
[01:27:38.240 --> 01:27:41.640]  So just start with reading the act.
[01:27:41.640 --> 01:27:42.640]  Yeah.
[01:27:42.640 --> 01:27:43.640]  Just read that.
[01:27:43.640 --> 01:27:44.640]  It's not very big.
[01:27:44.640 --> 01:27:48.760]  You'll be surprised how small it is.
[01:27:48.760 --> 01:27:51.240]  And then look up some cases.
[01:27:51.240 --> 01:28:03.800]  The best way to learn how to really go after them is like do a search for FDCPA case law
[01:28:03.800 --> 01:28:07.160]  and look through some of the cases.
[01:28:07.160 --> 01:28:14.520]  Because generally every case touches on most of the FDCPA.
[01:28:14.520 --> 01:28:20.360]  They tell why this applies, why that doesn't apply, and it kind of gives you an overview
[01:28:20.360 --> 01:28:22.360]  of it.
[01:28:22.360 --> 01:28:24.840]  Cases tend to do that.
[01:28:24.840 --> 01:28:31.800]  So if you start reading some case law, that's the way I started doing legal research.
[01:28:31.800 --> 01:28:38.360]  As I went down to the courthouse and pulled court cases and read through them.
[01:28:38.360 --> 01:28:44.480]  On my traffic ticket site, I have a motion in lemony and a Brady motion.
[01:28:44.480 --> 01:28:48.720]  One of them is about 30 pages and the other is 20-something pages.
[01:28:48.720 --> 01:28:54.000]  I found those all doing legal research, just going through cases.
[01:28:54.000 --> 01:28:55.000]  Okay.
[01:28:55.000 --> 01:29:01.560]  I come across that motion in lemony and I said, what in the heck is that?
[01:29:01.560 --> 01:29:03.000]  And then I started reading it.
[01:29:03.000 --> 01:29:05.560]  Oh, it was wonderful.
[01:29:05.560 --> 01:29:09.520]  We're in court and the judge is furious, he's got to go through all this stuff.
[01:29:09.520 --> 01:29:16.240]  And he come to the section about objecting to any questions concerning any hypnotic interviews
[01:29:16.240 --> 01:29:17.240]  by the prosecution.
[01:29:17.240 --> 01:29:22.240]  And the judge said, Mr. Kelton, were you hypnotized?
[01:29:22.240 --> 01:29:25.400]  Well, I don't know, Judge.
[01:29:25.400 --> 01:29:29.880]  You know how they can make you forget that kind of stuff tonight, didn't I?
[01:29:29.880 --> 01:29:32.320]  Oh, he was furious.
[01:29:32.320 --> 01:29:35.280]  It was great.
[01:29:35.280 --> 01:29:47.400]  And then we got in court and in court, the lawyer asked the exact question that the judge
[01:29:47.400 --> 01:29:59.080]  in the unlimited motion forbade him to ask and I objected the judge overruled.
[01:29:59.080 --> 01:30:22.480]  And decided that it was unfair for him to come to court.
[01:30:22.480 --> 01:30:27.360]  Once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.360 --> 01:30:32.520]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:32.520 --> 01:30:33.520]  Privacy.
[01:30:33.520 --> 01:30:35.120]  It's worth hanging on to.
[01:30:35.120 --> 01:30:40.680]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
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[01:31:36.480 --> 01:31:38.720]  The government says that fire brought it down.
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[01:32:58.880 --> 01:33:01.040]  I mean, I actually be kidding about chemtrails.
[01:33:01.040 --> 01:33:04.600]  Looking for some truth?
[01:33:04.600 --> 01:33:06.640]  You found it.
[01:33:06.640 --> 01:33:30.400]  That's 512-992-8745 or go to hillcountryhomeimprovements.com or go to hillcountryhomeimprovements.com or go
[01:33:30.400 --> 01:33:31.400]  to hillcountryhomeimprovements.com.
[01:33:31.400 --> 01:33:36.840]  I'm Andy Kelton and we're talking to Jack in Texas.
[01:33:36.840 --> 01:33:42.640]  Okay, Jack, where were we?
[01:33:42.640 --> 01:33:46.640]  Start with the FDCPA, read it, and look up case law.
[01:33:46.640 --> 01:33:49.640]  That's a good place to start.
[01:33:49.640 --> 01:33:51.040]  Have another question.
[01:33:51.040 --> 01:33:56.440]  What about information on foreclosures?
[01:33:56.440 --> 01:33:59.800]  I know you've done a whole bunch of foreclosure cases.
[01:33:59.800 --> 01:34:02.840]  What could I start in that field?
[01:34:02.840 --> 01:34:04.040]  I have to check.
[01:34:04.040 --> 01:34:10.040]  I've got a site with a bunch of information on foreclosures, but I haven't looked at it
[01:34:10.040 --> 01:34:12.160]  in a long time.
[01:34:12.160 --> 01:34:14.640]  So I don't know if it's still up.
[01:34:14.640 --> 01:34:15.640]  It's free.
[01:34:15.640 --> 01:34:29.320]  I'm going to get this thing over here and pull it up, free foreclosure, free mortgagehelp.net.
[01:34:29.320 --> 01:34:30.320]  It's still up.
[01:34:30.320 --> 01:34:32.320]  Go to freemortgagehelp.net.
[01:34:32.320 --> 01:34:36.280]  There's lots of stuff in there.
[01:34:36.280 --> 01:34:39.120]  Lots of stuff in there, okay.
[01:34:39.120 --> 01:34:45.120]  What about now, which law would pertain to that that I could start reading?
[01:34:45.120 --> 01:34:49.120]  Oh, Hope of T. the Respa.
[01:34:49.120 --> 01:34:50.120]  Sorry?
[01:34:50.120 --> 01:34:59.400]  Primarily, Real Estate Settlement Procedures Act, the Truth and Lending Act, and the Home
[01:34:59.400 --> 01:35:03.720]  Equity Protection Act.
[01:35:03.720 --> 01:35:11.760]  But look up Truth and First, and then go to Real Estate Settlement Procedures Act.
[01:35:11.760 --> 01:35:20.600]  These are two consumer protection statutes, neither one of them are terribly long.
[01:35:20.600 --> 01:35:23.360]  But look on freemortgagehelp.net.
[01:35:23.360 --> 01:35:28.360]  There's a lot of stuff in there.
[01:35:28.360 --> 01:35:29.360]  Okay.
[01:35:29.360 --> 01:35:30.360]  Freemortgagehelp.net.
[01:35:30.360 --> 01:35:31.360]  Yes.
[01:35:31.360 --> 01:35:38.600]  Truth and Lending Act, and HEP, what are they doing there?
[01:35:38.600 --> 01:35:56.360]  No, Real Estate Settlement Procedures Act, RESPA, just put it R-E-S-P-A-P-S-R-E-S-P-C-A-P-S-R-E-S-P-A.
[01:35:56.360 --> 01:35:57.360]  Okay.
[01:35:57.360 --> 01:35:58.360]  All right.
[01:35:58.360 --> 01:36:03.960]  Well, I guess that'll get me started then, Randy.
[01:36:03.960 --> 01:36:04.960]  Okey-doke.
[01:36:04.960 --> 01:36:05.960]  Have fun.
[01:36:05.960 --> 01:36:06.960]  Okay.
[01:36:06.960 --> 01:36:10.480]  Okay, now we're going to Sonny and Georgia.
[01:36:10.480 --> 01:36:11.480]  Hello, Sonny.
[01:36:11.480 --> 01:36:12.480]  Hello, Randy.
[01:36:12.480 --> 01:36:15.280]  How are you doing tonight?
[01:36:15.280 --> 01:36:25.480]  I am doing good, and I want to hear about what happened in Georgia on this court issue.
[01:36:25.480 --> 01:36:35.680]  Okay, well, I'm going to give everybody a brief on where you're at.
[01:36:35.680 --> 01:36:47.800]  Okay, I have received three citations.
[01:36:47.800 --> 01:36:57.240]  It was basic misdemeanors, a bald tire, only one chain on a bobcat, and when talking to
[01:36:57.240 --> 01:37:04.000]  the officer on the side of the road, trying to explain to him that I wasn't using my license,
[01:37:04.000 --> 01:37:10.680]  he was an ex-marine, and of course, like a lot of them, they expect people to jump when
[01:37:10.680 --> 01:37:18.960]  they give orders like they had to, and so he arrested me, and so I'm being threatened
[01:37:18.960 --> 01:37:27.280]  with three years in jail, one year for each of these misdemeanors, and just about everyone
[01:37:27.280 --> 01:37:32.880]  I've come in contact with has broken the rules in some form or fashion, whether it's the
[01:37:32.880 --> 01:37:41.240]  court reporter, the judge, the prosecutor, and the officers.
[01:37:41.240 --> 01:37:50.880]  I filed probably on the prosecutors, on the prosecutors, I've probably filed 11 or 12 bar
[01:37:50.880 --> 01:37:51.880]  grievances.
[01:37:51.880 --> 01:38:00.720]  We have a motion to recuse on the judge, judicial conduct complaint on the judge, complaints
[01:38:00.720 --> 01:38:09.800]  with the board of court reporters on the court reporter, which he violated two open records
[01:38:09.800 --> 01:38:10.800]  requests now.
[01:38:10.800 --> 01:38:21.160]  There's probably three to six open records requests that she has violated, which after
[01:38:21.160 --> 01:38:29.480]  the first one, you could get an extra $2,500 fine for each violation after the first one,
[01:38:29.480 --> 01:38:40.480]  so that could start to apply some pressure there, but I was facing, I guess back in November,
[01:38:40.480 --> 01:38:49.080]  I was on the cusp of going through trial, and through various things that the good Lord
[01:38:49.080 --> 01:38:55.720]  helped me find out what to do through you and some other people, now we're all the way
[01:38:55.720 --> 01:39:07.480]  back to the motion hearing stage of the game, where the judge is now because of due process
[01:39:07.480 --> 01:39:20.280]  violations, which basically from what I understand is basically not really being heard properly.
[01:39:20.280 --> 01:39:27.560]  We didn't hear my motions properly and was just ruling on them left and right, denying
[01:39:27.560 --> 01:39:34.080]  them left and right, cutting me off, and so now this judge has come back and wants to
[01:39:34.080 --> 01:39:44.040]  rehear the motions because the recusal motion is still in play, which has been referred
[01:39:44.040 --> 01:39:55.880]  to what some people would say his best friend, one of the head, I guess, Superior Court judge,
[01:39:55.880 --> 01:40:10.040]  and so now he's pretty much admitted in open court that he did violate my due process right
[01:40:10.040 --> 01:40:21.960]  by saying that he now had to go back and rehear all those motions, so it's a very strange
[01:40:21.960 --> 01:40:24.960]  situation.
[01:40:24.960 --> 01:40:33.280]  That's pretty profound that a judge would, I've never heard of a judge rehearing a motion
[01:40:33.280 --> 01:40:42.680]  that is already adjudicated without a motion for reconsideration, and generally a motion
[01:40:42.680 --> 01:40:51.040]  with reconsideration is done after a final order and he's asked to rehear the whole,
[01:40:51.040 --> 01:40:59.480]  reconsider the whole case, but for the judge suesponte on his own initiative to bring these
[01:40:59.480 --> 01:41:06.800]  motions back into court, there's something he's afraid of, and I'm betting this recusal
[01:41:06.800 --> 01:41:14.120]  motion had stuff in it that when the higher level judge looked at it, he said, you let
[01:41:14.120 --> 01:41:21.800]  this get to the court of appeals and you're going to get hammered, and so now he's trying
[01:41:21.800 --> 01:41:29.960]  to clean things up so he doesn't get clobbered when he gets to the court of appeals.
[01:41:29.960 --> 01:41:38.400]  It makes me wonder if as soon as we get back into the motion here and again on the, I think
[01:41:38.400 --> 01:41:48.360]  it's on the first, on whether I should ask him if he has in fact vacated those previous
[01:41:48.360 --> 01:41:56.480]  rulings that he ruled on, or exactly what, what in the world is going on here, and just
[01:41:56.480 --> 01:41:59.000]  what he said.
[01:41:59.000 --> 01:42:05.760]  Okay, now would consider the ramifications of what he's doing.
[01:42:05.760 --> 01:42:13.560]  On the surface, I would say that, okay, one question, how long ago did he rule on these
[01:42:13.560 --> 01:42:21.120]  motions? Has it been over 30 days? I believe so.
[01:42:21.120 --> 01:42:33.040]  I believe he's out of time to consider these motions. So you might let him go ahead and
[01:42:33.040 --> 01:42:44.000]  rehear these motions, and if he rules in your favor, then you could come back after him
[01:42:44.000 --> 01:42:52.480]  for ruling against you in the first place. If you give him fair warning, then he's likely
[01:42:52.480 --> 01:43:03.600]  to rule against you, but do it for reasons he can articulate, and that may be what he's
[01:43:03.600 --> 01:43:12.880]  trying to do. He's trying to get points and authorities on the record, or findings of
[01:43:12.880 --> 01:43:16.760]  fact and conclusions at law, which he doesn't have now.
[01:43:16.760 --> 01:43:22.880]  Right, that's one of the things that I asked him for, and he just flat out denied me and
[01:43:22.880 --> 01:43:25.920]  just said he wasn't going to give them to me.
[01:43:25.920 --> 01:43:32.280]  For that, he should get, yeah, you have judicial conduct complained against him for that?
[01:43:32.280 --> 01:43:37.760]  I did. I filed one judicial conduct complaint and just kind of threw everything in there,
[01:43:37.760 --> 01:43:40.160]  and, you know, I'm going to get 20 points.
[01:43:40.160 --> 01:43:47.320]  Bad strategy. Bad strategy. You need to file one at a time, about a week apart. Hang on,
[01:43:47.320 --> 01:43:54.640]  break, Randy Kelton, we'll go to the radio. I call it number 512-646-1984. We'll be right
[01:43:54.640 --> 01:44:20.840]  back.
[01:44:20.840 --> 01:44:46.840]  We'll be right back.
[01:44:46.840 --> 01:45:12.320]  We'll be right back.
[01:45:12.320 --> 01:45:38.320]  We'll be right back.
[01:45:38.320 --> 01:46:03.320]  We'll be right back.
[01:46:03.320 --> 01:46:28.440]  Okay, we are back. Randy Kelton, we'll go to the radio. But I'm going to suggest that
[01:46:28.440 --> 01:46:38.440]  the judge is trying to re-hear these motions so he can dismiss them with a little more
[01:46:38.440 --> 01:46:45.440]  authority so that he can at least have an argument for why he dismissed them, and then
[01:46:45.440 --> 01:46:53.480]  that way try to nullify any claim he would have. But ruling against the motions out of
[01:46:53.480 --> 01:47:01.040]  hand and then denying findings of fact or conclusions at law, it gives you an argument
[01:47:01.040 --> 01:47:07.520]  against him. But since the case hasn't been completely adjudicated, he's going to be
[01:47:07.520 --> 01:47:15.400]  able to argue no harm, no foul. But you're all going to be able to claim a due process
[01:47:15.400 --> 01:47:28.160]  violation in the first instance. I'm thinking he can fix his problem for the most part and
[01:47:28.160 --> 01:47:41.160]  kind of neutralize any claim that you would have, simply by ruling. Based on law, it may
[01:47:41.160 --> 01:47:46.440]  not be the correct law that ruling you think he should give, but if he just gives some
[01:47:46.440 --> 01:47:56.240]  kind of reason, then he's covered for his original bad behavior. I think he'll be able
[01:47:56.240 --> 01:48:02.160]  to bail out of it, but he'll only be able to bail out of it if he rules against you.
[01:48:02.160 --> 01:48:11.600]  That may be the issue you need to bring, that you cannot get a fair hearing on these motions
[01:48:11.600 --> 01:48:23.400]  at this point. Because if the judge rules in your favor now, then he admits to wrongdoing
[01:48:23.400 --> 01:48:32.000]  in the first instance. So now he has a special interest in ruling against you to support
[01:48:32.000 --> 01:48:42.200]  his earlier ruling that wasn't proper. I think that's a good, wait a minute. He is looking
[01:48:42.200 --> 01:48:53.240]  at recusal? Yes. Have they not ruled on the recusal? They did, but I filed a motion for
[01:48:53.240 --> 01:49:03.400]  reconsideration, which they've been sitting on for quite some time. You need to look at
[01:49:03.400 --> 01:49:14.320]  refiling based on the judge's stated intent of re-hearing these motions. State that that's
[01:49:14.320 --> 01:49:20.480]  essentially a stipulation that he ruled improperly initially, and now he's in a position to where
[01:49:20.480 --> 01:49:30.320]  he's unduly influenced to rule against you. This is reason enough to recuse.
[01:49:30.320 --> 01:49:36.120]  That's kind of what I was thinking, was that since he is basically admitting there was
[01:49:36.120 --> 01:49:46.200]  a due process violation, then the motion to recuse should be automatic, and he should
[01:49:46.200 --> 01:49:55.880]  recuse himself automatically. But I didn't know if I should file a new motion to recuse
[01:49:55.880 --> 01:50:04.520]  or some type of addendum, or send a note to the other judge that this has been referred
[01:50:04.520 --> 01:50:24.440]  to. File an amended motion to recuse based on new information. Okay. Based on the fact
[01:50:24.440 --> 01:50:30.520]  that he stated he intended to re-hear these motions, this creates an untenable conflict
[01:50:30.520 --> 01:50:41.360]  of interest. He's trying to sneak out from under his bad behavior, and you need to call
[01:50:41.360 --> 01:50:55.320]  him on it. So if he does actually recuse himself or is recused by the other judge, what exactly
[01:50:55.320 --> 01:51:02.440]  would that mean? Would that lead to a new trial? No, the other judge will tend to pick
[01:51:02.440 --> 01:51:12.480]  up where you're at. But if he does, then you give notice to this court that the trial judge
[01:51:12.480 --> 01:51:19.480]  stated his intent to re-hear these motions, and then you ask this court to re-hear the
[01:51:19.480 --> 01:51:31.200]  motions. One of the things that I was thinking about was, since the court reporter would
[01:51:31.200 --> 01:51:40.080]  not give me the audio recordings, I was thinking of filing a motion to strike all of the transcripts
[01:51:40.080 --> 01:51:47.920]  from all of the hearings, which would basically strip the record of everything that's been
[01:51:47.920 --> 01:52:01.040]  done thus far and would basically be starting over. Okay. I was just about to say that.
[01:52:01.040 --> 01:52:08.600]  That is perfect. That is perfect. I think you're on to a very good track. It didn't
[01:52:08.600 --> 01:52:19.280]  occur to me to do that. But since there is no record, because the court reporter refuses
[01:52:19.280 --> 01:52:27.040]  to produce the record, and this is a court of record, you move to strike all the proceedings.
[01:52:27.040 --> 01:52:35.360]  And you put that right on the court reporter. Oh, she will not be happy, and the court will
[01:52:35.360 --> 01:52:45.280]  not be happy with her, because they have to replete everything.
[01:52:45.280 --> 01:52:54.600]  I was thinking of waiting, but before I filed that, because if I put that in now, then the
[01:52:54.600 --> 01:53:03.200]  judge would take me up on that, and then that would wipe the slate clean for him.
[01:53:03.200 --> 01:53:08.680]  No, it wouldn't. Okay.
[01:53:08.680 --> 01:53:18.640]  You still have your claims. This doesn't deny you and your claims. It denies the state and
[01:53:18.640 --> 01:53:27.080]  their claims. You weren't the one required to keep the record they were. So you should
[01:53:27.080 --> 01:53:35.320]  essentially ask that all the evidence from the state be stricken and that you be granted
[01:53:35.320 --> 01:53:45.080]  a dismissal based on breach of due process. You should not be forced to retry this case
[01:53:45.080 --> 01:53:50.440]  when you tried it in good faith and the court acted improperly and failed to perform their
[01:53:50.440 --> 01:54:02.640]  duty. That would create an undue burden on you. In this context, you're the injured
[01:54:02.640 --> 01:54:11.000]  party. You're the innocent injured party.
[01:54:11.000 --> 01:54:18.120]  What would be the basis for the dismissal because of the due process violation? Does
[01:54:18.120 --> 01:54:21.640]  that remove subject matter jurisdiction or something like that?
[01:54:21.640 --> 01:54:29.640]  No, that doesn't remove subject matter jurisdiction, but it does give you a right to dismissal.
[01:54:29.640 --> 01:54:31.640]  Okay.
[01:54:31.640 --> 01:54:40.600]  So ask for the dismissal because everybody's violating the law. Since the court reporter
[01:54:40.600 --> 01:54:51.680]  won't produce a record, then there is no record. And you've been denied your right to petition
[01:54:51.680 --> 01:54:58.160]  the court for redress of grievance. So move the case be dismissed because of the court
[01:54:58.160 --> 01:55:05.000]  reporter. And court reporters are supposed to be invisible. When they become visible,
[01:55:05.000 --> 01:55:11.000]  they always get in trouble.
[01:55:11.000 --> 01:55:22.960]  Yeah. Look at that. The failure of the court reporter to provide the audio would be another
[01:55:22.960 --> 01:55:31.040]  due process violation because how can I make a proper appeal if I can't verify the transcript
[01:55:31.040 --> 01:55:41.120]  and the record? Right. Exactly. Now, you don't have a right to appeal, but you do have a
[01:55:41.120 --> 01:55:49.480]  right to petition for appeal. So you don't claim that they denied you in your right to
[01:55:49.480 --> 01:55:53.720]  appeal because the court's going to say you don't have a right to appeal. An appeal is
[01:55:53.720 --> 01:56:00.160]  discretionary. The court of appeals gets to determine whether or not they will hear your
[01:56:00.160 --> 01:56:08.720]  appeal. So you go in and say you were denied in your right to petition for appeal. So the
[01:56:08.720 --> 01:56:13.280]  court of appeal never gets an opportunity to decide if they want to take your case or
[01:56:13.280 --> 01:56:28.560]  not. Does that make sense? It does. It certainly makes sense. On a slightly different tag,
[01:56:28.560 --> 01:56:41.600]  this court does not allow cell phones in the courtroom. And I'm thinking that I need to
[01:56:41.600 --> 01:56:48.960]  record this since I can't get the recording. And it also puts me at a disadvantage not
[01:56:48.960 --> 01:56:56.760]  having a cell phone. Okay. Wait a minute. What circuit are you in? This is a...
[01:56:56.760 --> 01:57:03.760]  I'm sorry, what federal circuit are you in? This is actually Superior Court. It's the
[01:57:03.760 --> 01:57:10.800]  State Superior Court. No, no, no. I'm going to the right to record what federal circuit
[01:57:10.800 --> 01:57:16.320]  are you in. We're in the Fifth Circuit. And the Fifth Circuit just ruled that you have
[01:57:16.320 --> 01:57:21.320]  the right to record your public officials. The Second Circuit, I know, has ruled and
[01:57:21.320 --> 01:57:30.320]  four or five others have ruled. Has your federal circuit ruled that a citizen has the right
[01:57:30.320 --> 01:57:40.240]  to record his public officials? I'm not sure. Find out if they have, then you get to go
[01:57:40.240 --> 01:57:51.880]  in and charge the judge with official oppression. You charge them in the Fed, actually. Okay.
[01:57:51.880 --> 01:57:58.160]  You can do that anyway. And that may actually get you your ruling. We had a kid in Fort Worth
[01:57:58.160 --> 01:58:03.920]  across the street from the Fort Worth to Police Department videotaping the police department.
[01:58:03.920 --> 01:58:10.280]  He was in college and he did this on purpose. Cops come out, harassed him, locked him, cuffed
[01:58:10.280 --> 01:58:15.760]  him, threw him in the car for an hour with the windows up in the summer in Fort Worth.
[01:58:15.760 --> 01:58:24.360]  He used his sweat box on him and then decided not to do anything and they let him go. Wrong
[01:58:24.360 --> 01:58:32.560]  guy. He was setting him up and he sued him. And the Fifth Circuit said that five other
[01:58:32.560 --> 01:58:40.240]  circuits have ruled that citizens have the right to record their public officials. And
[01:58:40.240 --> 01:58:50.440]  now this one has to. Hang on, Randy Kelton, we'll be right back.
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