[00:00.000 --> 00:05.780] The following news flash is brought to you by The Low Star Lowdown, providing the jelly [00:05.780 --> 00:13.480] bulletins for the commodities market, Today in History, News Updates, and the inside scoop [00:13.480 --> 00:21.360] into the tides of the alternative. [00:21.360 --> 00:27.760] Markets for Wednesday to 6th of December, 2017, closed with gold at $1,263.31 nouns, [00:27.760 --> 00:36.080] over $15.95 nouns, Texas Crude $57.62 a barrel, Bitcoin is at an all-time high at $13,670 [00:36.080 --> 00:43.520] U.S. currency, and Dashcoin is about $715 U.S. fiat. [00:43.520 --> 00:49.400] Today in History, the year 1897, London becomes the world's first city to host licensed taxi [00:49.400 --> 00:50.400] cabs. [00:50.400 --> 00:53.560] Today in History. [00:53.560 --> 00:56.880] In recent news, President Trump said from the diplomatic reception room of the White [00:56.880 --> 01:00.960] House earlier today that the United States will formally recognize Jerusalem as the capital [01:00.960 --> 01:05.240] of Israel, with announcing preparations to move the United States embassy from Tel Aviv [01:05.240 --> 01:06.240] to the city of God. [01:06.240 --> 01:10.560] It's a fail to take note of one simple economic reality, that is that the ISPs who decided [01:10.560 --> 01:15.360] to artificially block or slow down certain Web site traffic would lose business to providers [01:15.360 --> 01:19.840] who didn't, and give an exclusive treatment to some sites in exchange for payments, not [01:19.840 --> 01:24.240] only a standard business model, but only make sense considering the flow given in science. [01:24.240 --> 01:29.480] Now to mention, we don't recall what widespread content was being censored before the enforcement [01:29.480 --> 01:33.800] of the also benevolently sounding net neutrality regulation. [01:33.800 --> 01:38.480] During a speech at a R Street Institute event, Pa'i stated that quote when it comes to a [01:38.480 --> 01:43.120] free and open Internet, Twitter is part of the problem, and that the company has a viewpoint [01:43.120 --> 01:45.640] that it uses that viewpoint to discriminate. [01:45.640 --> 01:49.920] Similar sentiments were stated towards the many online giants who support net neutrality, [01:49.920 --> 01:54.080] stating that quote, they may cloak their advocacy and public interest, but the real interest [01:54.080 --> 01:59.280] of these Internet giants is in using the regulatory process to cement their dominance in the Internet [01:59.280 --> 02:00.680] economy. [02:00.680 --> 02:05.200] Only intensive research and an evaluation of incentives will reveal whether net neutrality [02:05.200 --> 02:09.480] is a chronic takeover or not. [02:09.480 --> 02:12.760] The Holcomb family, who lost eight members including a woman who was pregnant in the [02:12.760 --> 02:17.200] mass church shooting in First Baptist Church in Sutherland Springs, Texas, has filed a [02:17.200 --> 02:21.480] wrongful death claim against the U.S. military, claiming that the Air Force's knowledge [02:21.480 --> 02:25.000] in the United States is a completely different story. [02:25.000 --> 02:31.000] Let's look at the sources. [02:31.000 --> 02:32.000] Okay. [02:32.000 --> 02:33.000] Howdy, howdy. [02:33.000 --> 02:36.080] This is Randy Kelton, who wrote a radio on this Friday the 15th day of December 2000. [02:36.080 --> 02:40.000] This is sorted out in a minute. [02:40.000 --> 02:42.960] Friday the 15th day of December 2000. [02:42.960 --> 02:48.920] This is our four hour info marathon. [02:48.920 --> 02:50.160] We have the phone lines open. [02:50.160 --> 02:59.280] We'll have them open all night. So if you have a question or a comment, give us a call 512-646-1984. [03:00.800 --> 03:14.400] Okay, let me start out by talking about the electronic paralegal. It is I have the software [03:14.400 --> 03:23.680] up and working in the process of trying to load the software with content and that turns [03:23.680 --> 03:38.560] out to be a rather large job to do. So I'm working on that. I thought, you know, in building this [03:38.560 --> 03:48.880] thing and so involved in building the software that I hadn't looked far enough ahead into what I [03:48.880 --> 03:54.000] do once I have the software and I now have the software up and working and now I'm trying to [03:54.000 --> 04:01.600] develop content to put on top of that software and it's taking a little more sophistication than I [04:01.600 --> 04:14.800] anticipated. But it's moving along. I'm going to make sure my call boards are up. I think the [04:14.800 --> 04:23.200] call boards are up. I'm turning on the phones. The phone lines now are open and ready to take [04:23.200 --> 04:39.520] calls. Okay, but I'm setting up the traffic ticket website so that it will be a beta site, [04:40.880 --> 04:46.160] a site where we can test everything out. It looks like my phone lines are up because my [04:46.160 --> 04:56.480] call boards are full. I don't have it exactly implemented just yet, but probably by the end [04:56.480 --> 05:06.080] of this week I will have the traffic ticket website implemented in a way that I'll have [05:06.080 --> 05:13.920] my first major questionnaire up and online so that when you run a ticket through it then [05:13.920 --> 05:21.360] you will one thing you'll get the documents immediately and that's been a problem I've had [05:21.360 --> 05:28.080] to build documents by hand prior to this, but now that the software is up and working I don't [05:28.080 --> 05:34.240] have to build documents anymore the system will create them as you answer the questions. [05:34.240 --> 05:46.720] We have that portion of the site that builds the documents. There's a standard set of documents [05:46.720 --> 05:52.880] that files in every case. We have the site set up for that and by the end of the week we'll have [05:52.880 --> 06:00.560] the site set up so that not only will it have the standard set of documents but then it'll have a [06:00.560 --> 06:12.000] questionnaire to isolate any other issues in the issuance of the ticket that may indicate [06:12.000 --> 06:19.200] other documents to be filed and then as you answer the questions you'll be able to see [06:19.200 --> 06:24.640] how it builds the documents as you move ahead. I know I'm stumbling here. I'm trying to work [06:24.640 --> 06:33.520] out a way to explain this elegantly and I don't have that worked out yet so since I have a full [06:33.520 --> 06:42.240] board of callers I'm going to shut up now and go to the phones and let's start with Scott. Hello Scott [06:43.200 --> 06:52.720] what do you have for us today? Oh well I kind of had one question when it comes to [06:52.720 --> 07:02.560] the subject matter jurisdiction and you know in the documents that we got it has the criminal [07:02.560 --> 07:09.360] complaint against the officer but when I was talking to Jay a little bit about it he was like well [07:10.080 --> 07:14.880] if you make a challenge the subject matter jurisdiction you make the challenge and then [07:14.880 --> 07:25.840] you don't raise any other issue so if that criminal complaint is actually in the subject matter [07:25.840 --> 07:31.440] jurisdiction and we you know we're challenging their jurisdiction and then raise the complaint [07:32.160 --> 07:37.840] you know a criminal complaint and that hands jurisdiction back over to the court so then [07:37.840 --> 07:46.400] does it negate the subject matter jurisdiction? No you didn't hand subject matter jurisdiction [07:46.400 --> 07:56.320] over to the court. When you made a criminal accusation you handed jurisdiction to the magistrate [07:57.360 --> 08:07.040] for the limited purpose of the criminal accusation. The court doesn't have jurisdiction until a [08:07.040 --> 08:15.120] magistrate has issued an order under 16.17 Texas Code of Criminal Procedure and a order [08:15.120 --> 08:22.880] issued under 16.17 is issued in an examining trial and only a magistrate can hold an examining [08:22.880 --> 08:32.320] trial not a judge so the criminal complaint invokes the duty of the the judge in his capacity as a [08:32.320 --> 08:44.320] magistrate not as the judge. Am I making sense here? Yeah so let me give you a little better [08:44.320 --> 08:53.120] example of subject matter jurisdiction. Tim in Texas he calls in about the issue where he has a [08:55.440 --> 08:59.920] auto repair shop and they're going after him for vehicles there to be [08:59.920 --> 09:08.880] worked on that they're calling junk vehicles. Well the first thing we did was file a challenge [09:08.880 --> 09:15.280] subject matter jurisdiction. They ignored it. We filed for summary judgment. They ignored it. [09:15.280 --> 09:22.800] They refused it. Excuse me they refused to set a hearing for it. Sorry my mixer's in a wrong [09:22.800 --> 09:32.160] place and I couldn't reach the mute button. We challenged their subject matter jurisdiction. [09:33.120 --> 09:39.360] They didn't respond to it. They held a hearing I won't go into all the details but they held [09:39.360 --> 09:46.800] an improper hearing and got an adjudication improperly so that's what we filed the subject [09:46.800 --> 09:53.760] matter jurisdiction on. They refused to answer and just moved ahead as if that was a valid hearing [09:53.760 --> 10:01.120] and the determination was a final determination. So they filed a suit in the district court [10:02.400 --> 10:13.440] to collect on this improper adjudication. We filed a answer and counterclaim claiming that [10:13.440 --> 10:24.480] they did not have jurisdiction because the petitioner lacked the [10:26.800 --> 10:29.920] standing to invoke subject matter jurisdiction of the court [10:31.680 --> 10:39.200] and we filed a counterclaim against the petitioner. So they came back with an answer saying that [10:39.200 --> 10:45.840] well since the petitioner since the counter the defendant or counterclaimant [10:47.360 --> 10:51.920] challenged subject matter jurisdiction therefore the court doesn't have jurisdiction over [10:52.480 --> 11:04.000] petitioners claim either. So that acted as a admission to the fact that they didn't have [11:04.000 --> 11:11.680] jurisdiction and they made the presumption that since the court didn't have jurisdiction [11:12.400 --> 11:18.240] over their claim it necessarily didn't have jurisdiction over our claim. [11:20.640 --> 11:26.400] Not how jurisdiction works. Jurisdiction is based on claims. [11:26.400 --> 11:32.560] When you go before the court like in your case where you [11:33.520 --> 11:40.160] challenge the judge's jurisdiction over the opposing sides claim [11:41.920 --> 11:52.320] you only give the court authority to do two things. One is to [11:52.320 --> 12:01.840] hold an examining trial hold a hearing to determine jurisdiction the other is to dismiss. [12:03.840 --> 12:07.920] Now even if the court doesn't have subject matter jurisdiction they can dismiss [12:07.920 --> 12:13.760] and that's what you want them to do. Now that is an exercise of jurisdiction but only to the degree [12:14.960 --> 12:20.560] that the judge agrees that it doesn't have jurisdiction and closes out the case and that [12:20.560 --> 12:27.920] should make sense to anybody. Otherwise the court will always have jurisdiction to hear [12:27.920 --> 12:37.120] the challenge subject matter jurisdiction claim. That's the only jurisdiction you give the court [12:37.120 --> 12:48.160] and okay this goes to this ongoing seemingly misunderstanding about the nature of jurisdiction. [12:48.160 --> 12:55.440] We have a lot of the patriot community talking about the things you can do to grant the court [12:55.440 --> 13:02.640] jurisdiction and that's really not the best way to think about this. It's better to think about [13:02.640 --> 13:12.320] this as a contract. You think of it in terms of your entering into a contract with the court. [13:12.320 --> 13:22.800] Now if I got Harmon Taylor on here he would say that everything here is by contract and yes it is [13:24.880 --> 13:34.560] but for the most part it's hard for most people to wrap their head around the contractual nature [13:34.560 --> 13:45.920] of the engagements that we're in. The contract side of what we're doing is when you if you're [13:45.920 --> 13:57.760] charged say with a penal violation the courts will say that when you entered into the territorial [13:57.760 --> 14:07.600] jurisdiction you entered into an adhesion contract where you agreed to abide by the [14:08.720 --> 14:16.480] common law and the only common law we the courts talked to is penal code. Penal code is [14:16.480 --> 14:22.880] construed now as the common law and anybody within the jurisdiction is construed with [14:22.880 --> 14:35.600] being in an adhesion contract to abide by this common law so that you effectively enter into [14:35.600 --> 14:41.600] that contract with the state just by being here. Now you can opt out of the contract with the state [14:41.600 --> 14:49.680] just by getting out of the state. Certainly your call but the state is saying as long as you come [14:49.680 --> 14:59.040] within my the boundaries of my jurisdiction this contract you're bound to. Now traffic [14:59.040 --> 15:09.040] contract that's a different issue. It takes different circumstances for you to be engaged [15:09.040 --> 15:15.360] in the traffic contract the transportation code drug contract that you have to fill out an application. [15:15.360 --> 15:24.240] You fill out an application for a driver's license and in doing so you agree to the contractual [15:24.240 --> 15:34.320] conditions of the transportation code. Am I making sense Scott? Yeah that's so yeah okay you don't [15:34.320 --> 15:39.600] sound like I make sense because he sounds like I've confused you more than when you started. [15:39.600 --> 15:48.000] Okay you're in a contract and you can't change the [15:50.560 --> 16:00.880] the tenants or the covenants of the contract so if the contract says that the court has a [16:00.880 --> 16:08.880] jurisdiction in certain circumstances you can't give it to the judge or take it away from the [16:08.880 --> 16:21.040] judge. The two types of jurisdiction available to the court are subject matter and in personum. [16:22.960 --> 16:30.400] In personum you can grant by what you do if you go to the court and ask the court to take [16:30.400 --> 16:40.320] an action in your behalf or if you fail to challenge the court's jurisdiction over you as a person. [16:42.880 --> 16:51.040] I'm sorry if you do anything that and let me think of the right way to say this [16:51.040 --> 17:03.520] if you ask the court for anything other than to say saying cookies cookie me love cookies oh [17:03.520 --> 17:10.000] hi cookie munchers no these are yucky cookies cookies yucky no no bad cookies you can't even [17:10.000 --> 17:16.960] eat these cookies these are cyber cookies no they're cyber cookies and they clog up your computer [17:16.960 --> 17:25.280] these have apples really oh that's an actual apple yummy apple i'm going to throw away these [17:25.280 --> 17:31.840] yucky cookies in the trash i click control shift delete and then scroll down to cookies [17:31.840 --> 17:38.400] and clear them bye bye yucky cookies now i go to logos radio network dot com and i click on the [17:38.400 --> 17:44.640] amazon box on the upper right hand side bookmark the link and i can go to amazon through this link [17:44.640 --> 17:50.800] and order you some yummy new cookie no cookies for me consider it an early christmas present [17:50.800 --> 17:56.320] and every time i order on amazon i go through this link and i give a little present to this radio [17:56.320 --> 18:05.520] network to see is for cookie see you for class goodbye it's the 2017 logos radio network annual [18:05.520 --> 18:11.200] fundraiser sponsored by central texas gunworks defense distributed in fat sales deli go to [18:11.200 --> 18:17.200] logos radio network dot com and enter the win every $25 donation is a chance to win from central [18:17.200 --> 18:25.200] texas gunworks first place up for grabs a spikes tactical ar 15 second place torus pt 111 g2 9 [18:25.200 --> 18:31.520] millimeter pistol from defense distributed third place the ar 308 80 percent lower fourth place [18:31.520 --> 18:38.080] the ar 15 80 percent lower from fat sales deli fifth place $100 gift card for fat sales deli [18:38.080 --> 18:43.600] every $25 donation is a chance to win that's the logos radio network dot com also if you [18:43.600 --> 18:49.360] purchase randy kelton's ebook legal 101 you get four chances to win purchase eddie craig's traffic [18:49.360 --> 18:55.280] seminar get 10 chances to win and remember every $25 donation is a chance to win go to [18:55.280 --> 19:11.200] logos radio network dot com for details and donate today [19:25.280 --> 19:55.200] okay we are back randy kelton rule of our radio and we're talking to scott in [19:55.200 --> 20:02.960] texas and i think i've confused you more than i've helped so let me try this again the contract [20:02.960 --> 20:11.440] side of what we're doing you can agree to the covenants of a contract and if we had debon [20:11.440 --> 20:21.760] she could go into a really complex explanation of how everything is contractual and everything [20:21.760 --> 20:31.680] is by agreement the only poor part of the law that is by agreement through an adhesion contract [20:31.680 --> 20:38.960] through a contract you didn't necessarily go out and sign but one you entered into because of your [20:38.960 --> 20:47.520] actions is by entering into the territorial jurisdiction of the state of texas or any other [20:47.520 --> 20:57.760] state you agree to an adhesion contract where you agree to abide by the penal laws beyond that [21:00.400 --> 21:08.800] you have to agree to for instance you get called a court you have to agree to the court's jurisdiction [21:08.800 --> 21:21.040] over have yourself as a person i'm sorry i'm not saying that right you have to be in a [21:21.040 --> 21:33.200] contractual relationship that brings you within the jurisdiction of the court subject matter means [21:33.200 --> 21:43.440] you're actually engaged in the contract itself in persona means that while you're engaged in the [21:43.440 --> 21:53.920] contract you may or may not have taken an action that invokes the contract transportation you [21:53.920 --> 22:01.200] have a driver's license and i have a driver's license in my pocket and i am engaged in that [22:01.200 --> 22:07.680] contract with the state i've entered into that contract voluntarily and as some may argue [22:07.680 --> 22:14.320] there's not really voluntarily because you enter into the contract under a threat but regardless [22:14.320 --> 22:22.640] of how i got into the contract if i have a driver's license i signed the contract i agreed to the [22:22.640 --> 22:31.360] contract i agreed to the conditions i got the license now i have the right to use the the public [22:31.360 --> 22:38.000] thoroughfares in commerce but just because i i'm in a contract where i have the right to do that [22:38.000 --> 22:47.040] that does not necessarily mean i'm acting under the the control of the conditions of the contract [22:47.040 --> 22:52.560] when the officer in austin pulled me over and asked me if i had a driver's license i told him yes i [22:52.560 --> 22:58.560] did but i'm not using it right now and he understood what i meant yes i do have the right to act [22:58.560 --> 23:08.640] under the covenants of the contract but i'm not doing so that goes to in person i'm jurisdiction [23:08.640 --> 23:18.160] that goes to in person i'm jurisdiction the court would have subject matter jurisdiction over the [23:18.160 --> 23:24.640] contract itself but not over me because i'm not acting within the scope of the contract [23:25.280 --> 23:32.320] does that make sense scott is it yeah that kind of clarified it some right there now the contract [23:32.320 --> 23:41.680] itself is subject matter jurisdiction someone who's never agreed to the contract and doesn't have a [23:41.680 --> 23:49.760] driver's license can say you don't have subject matter jurisdiction because i never agree agreed [23:49.760 --> 24:02.320] to the contract in the first place or like we do is we say that the officer who reported to issue [24:02.320 --> 24:11.600] the citation alleging a contractual violation is not a member of the contract in the capacity [24:11.600 --> 24:16.640] that he claims now he may be a member of the contract in the capacity of a driver [24:16.640 --> 24:24.720] that he can drive around in commerce if you want to but in order to enforce the covenants [24:24.720 --> 24:30.720] of the contract you have to have a special authority according to the contract and he [24:30.720 --> 24:39.840] doesn't have that authority therefore he has no legal capacity to invoke the covenants of the [24:39.840 --> 24:47.600] contract so he can't bring in the court that is a member of the contract in the capacity of [24:47.600 --> 24:55.760] enforcing the covenants of the contract he can't enforce that authority so the court never has [24:56.560 --> 25:05.680] subject matter jurisdiction you can't give the judge subject matter jurisdiction the judge [25:05.680 --> 25:13.280] either has it or he doesn't there's nothing you can do to give it to him the police officer [25:15.040 --> 25:20.400] if he meets certain conditions he can invoke the subject matter jurisdiction of the court if he [25:20.400 --> 25:26.880] doesn't meet those conditions he can't invoke the subject matter jurisdiction and that's that's [25:26.880 --> 25:36.160] the argument we make in traffic am i making any sense here yeah that does so let's say hypothetically [25:36.160 --> 25:42.080] you've had a license and expired and you just chose not to renew it that means you're not [25:42.720 --> 25:51.600] entering back into a contract with the state so therefore if they pulled you over they couldn't [25:51.600 --> 25:56.480] say you were violating the contract because you opted out of that contract would that be [25:56.480 --> 26:03.600] correct may depends on the covenants of the contract what i would mean to the military [26:04.480 --> 26:10.800] i entered into a contract with the united states and that contract said that i would [26:10.800 --> 26:17.120] protect this country from all enemies foreign and domestic and there is a tenant of the contract [26:17.120 --> 26:30.480] that made the contract what's the term universally or there's no ending to the contract [26:31.600 --> 26:38.320] perpetual they perpetual yeah they said that when i got out of the military they reminded me [26:38.320 --> 26:46.400] that i was still bound to my oath because it was a lifetime old so let's go back to the traffic [26:46.400 --> 26:57.200] contract when you enter into a driver's license contract is it perpetual [26:59.120 --> 27:05.680] are you still bound by the covenants of the contract even if you don't meet certain conditions of [27:05.680 --> 27:13.040] the contract one of which is is to renew the contract over a certain period is that in the [27:13.040 --> 27:21.760] contract not that i'm aware of are you no i'm not aware of it but it's not something i've [27:21.760 --> 27:29.600] actually went into the to the code and looked at actually what i haven't done is went down to the [27:30.160 --> 27:36.400] department of motor vehicles and pull the original application and i do need to do that [27:36.400 --> 27:45.680] you pull the original application and see what it says well that was something i should do [27:47.760 --> 27:56.240] i could go down would you start with the original time that you got your first license that's the [27:56.240 --> 28:02.000] original contract like you know if you got it 20 years ago or in your case 150 years ago [28:02.000 --> 28:09.040] um i thought you were going there that was a contract to operate a horse and buggy [28:12.160 --> 28:19.120] yeah you would that's the contract you'd want to look at assuming that it hasn't changed [28:20.960 --> 28:26.720] in the interim if it hasn't changed i mean it's who i'm assuming that it it may have changed in [28:26.720 --> 28:33.680] the interim so uh i don't think it's really necessary to go that far back you can take the [28:33.680 --> 28:42.320] one they have now and you could assume that it's current and consistent with the one where you [28:42.320 --> 28:49.120] originally engaged in the contract if it's if it's different let them prove it [28:49.120 --> 28:58.240] but see if it says anything about being a perpetual contract now that raises a whole [28:58.240 --> 29:03.040] new different argument wouldn't you agree yeah i think so [29:06.320 --> 29:12.240] because how could they sit there and say it let's just say that it doesn't say [29:12.240 --> 29:20.000] it's a perpetual contract or it's in such a strict manner as the verbiage would imply [29:21.040 --> 29:27.360] then it's just saying because every year you have to renew this contract your license gets expired [29:27.360 --> 29:33.840] and you have to renew so it's going to say on this date this contract is is void [29:33.840 --> 29:42.240] your license is void you have to renew that that's an interesting issue [29:43.600 --> 29:50.880] that would say that you agreed to the contract for i think right now it's four years [29:52.000 --> 29:57.600] correct so every four years my contract expires [29:57.600 --> 30:07.600] this fruit is a favorite on american breakfast tables but not if you're on prescription medication [30:07.600 --> 30:13.040] eating it can trigger serious side effects and even death under catherine albrecht back to [30:13.040 --> 30:20.400] identify this potentially lethal fruit next privacy is under attack when you give up data [30:20.400 --> 30:25.440] about yourself you'll never get it back again and once your privacy is gone you'll find your [30:25.440 --> 30:31.520] freedoms will start to vanish too so protect your rights say no to surveillance and keep your [30:31.520 --> 30:38.720] information to yourself privacy it's worth hanging on to this message is brought to you by startpage.com [30:38.720 --> 30:44.720] the private search engine alternative to google yahoo and bing start over with start page [30:46.400 --> 30:51.120] when you think of a healthy breakfast oatmeal yogurt and grapefruit often come to mind but [30:51.120 --> 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[32:58.480 --> 33:10.480] want to observe you're listening to the logos radio network at logos radio network dot com [33:15.360 --> 33:19.440] yeah i got the warrant and i'm gonna solve them [33:19.440 --> 33:36.960] okay we are back randy kelton rule of law radio on this the 15th day of december 2017 [33:36.960 --> 33:42.160] and we're talking to scott in texas and uh starting to the producer over the break and [33:42.160 --> 33:50.880] it may be a good idea if i go back and take a closer look at the pleadings we've been filing [33:52.320 --> 34:02.320] and address those pleadings from the perspective of a strictly a contractual relationship [34:02.320 --> 34:14.320] it may help help miss help bypass some of the unstated presuppositions that we tend to have [34:16.160 --> 34:21.360] but in in bringing this full circle back to jurisdiction [34:24.160 --> 34:28.880] the contract goes to jurisdiction [34:28.880 --> 34:39.440] am i in a contract with the state under the penal code yes i'm definitely in a perpetual [34:39.440 --> 34:48.400] contact with the state concerning the common law but am i in a contract with the state concerning [34:48.400 --> 34:57.600] the professional transportation contract and to them to the other question about [34:58.400 --> 35:10.880] what can i do to give the court jurisdiction one thing i can do is operate a motor vehicle [35:10.880 --> 35:19.440] in convert commerce without a contractual agreement with the state to do so [35:19.760 --> 35:32.080] in that case by operating the motor vehicle in commerce i act within the scope of the contract [35:32.080 --> 35:41.200] and therefore become a uh become bound to the contract by adhesion [35:42.880 --> 35:48.880] and that's strictly voluntary on my part i don't have to engage in commerce on the public thoroughfares [35:49.840 --> 35:56.320] but rather you have entered a contract with the the state to authorize you to use the [35:56.320 --> 36:06.240] public thoroughfares in commerce or not the common law contract says you must be [36:07.760 --> 36:14.240] so if you're going to use them this way then you must be bound to the contract [36:14.240 --> 36:30.640] that's like uh if you want to rebuild my my front room my living room and completely remodel it [36:31.360 --> 36:37.280] you'd have to be engaged in a contract with me first you can't just come in there and remodel [36:37.280 --> 36:46.000] it and they want me to pay you all right because i haven't agreed to a contract there's no adhesion [36:46.000 --> 36:51.760] contract in that context but if you get into an automobile and load it down with [36:53.680 --> 36:57.120] bunch of people they all pay you to haul them around like uber [36:59.200 --> 37:05.280] you start driving for uber you're bound under the contract whether you signed it or not [37:05.280 --> 37:15.280] because you're operating within the confines of the contract that's how i can give a court [37:15.840 --> 37:23.760] subject matter jurisdiction without agreement and we have a lot of these guys in the patriot [37:23.760 --> 37:33.040] movement seem to think that every contract must be entered into by specific conscious agreement [37:33.040 --> 37:42.720] and that is not true your behavior can enter you into a contract whether you attended to or not [37:45.040 --> 37:55.440] walking within stepping across the boundary of the state into the state itself binds you to [37:55.440 --> 38:04.400] common law contract operating a motor vehicle for commerce binds you to a common law contract [38:05.440 --> 38:12.640] even though you haven't signed one so on the one hand the right you can do things to give them [38:12.640 --> 38:23.120] jurisdiction but that is extremely limited so i hear these guys saying well if you file anything [38:23.120 --> 38:33.200] with the court then you invoke the court's jurisdiction no don't if the court claims [38:33.200 --> 38:43.120] that you are bound by the contract and you're not bound by the contract you can challenge the court [38:43.120 --> 38:55.120] and say i don't fall under and what the courts can say if you don't assert your right to be free [38:55.120 --> 39:02.400] from the contract you know if it's my duty to administer this contract and someone brings [39:02.400 --> 39:10.240] a complaint under the contract against you and you don't feel that the contract applies to you [39:10.240 --> 39:19.520] you got to tell me you got to make that assertion if you don't then i as the court will act from [39:19.520 --> 39:27.360] the presumption that i have jurisdiction if you want a right you have to claim it [39:28.960 --> 39:36.000] right and in claiming your right to to be free from the contract doesn't grant the contract [39:36.000 --> 39:42.400] so not everything you do before the court grants their jurisdiction [39:44.720 --> 39:48.720] there's one thing you can do before the court that challenges their jurisdiction [39:49.920 --> 39:57.200] and that definitely doesn't give them jurisdiction i don't have this explanation [39:57.200 --> 40:08.320] down as elegant as i would like it to be well it goes back to you know we can all agree that [40:08.320 --> 40:15.600] you know the penal laws are a common law i mean i can't walk up to you and just smack you around [40:15.600 --> 40:21.920] it and i didn't expect you you know to just sit there and take it you know you could call somebody [40:21.920 --> 40:26.960] you know that's what the cops are for is to make sure somebody doesn't come up and just start beating [40:26.960 --> 40:35.600] you up and doing all that stuff but that's a that's a common law type of of a crime but what [40:35.600 --> 40:44.640] we're talking about is an administrative law on the on the driving side now they're attempting to [40:46.160 --> 40:55.520] classify you as a driver operating under a commercial scheme with a valid you have to [40:55.520 --> 41:00.960] have a valid license to operate under that scheme if you want to haul people around like the uber [41:00.960 --> 41:06.720] person or you know a truck driver or something like that but just go into the store in your car [41:07.520 --> 41:13.280] you're not operating under that scheme therefore if you're not operating under that scheme [41:14.000 --> 41:20.720] you wouldn't have to have a license per se and if you never are operating in commerce then you [41:20.720 --> 41:29.680] could just opt out of the license altogether and that gets back to is a license a perpetual instrument [41:30.400 --> 41:36.720] that we because we all know over four years you have to renew it so it cannot be a perpetual [41:36.720 --> 41:47.200] instrument but now the subject matter jurisdiction is the court is assuming that you're operating as [41:47.200 --> 41:54.880] a commercial driver because that's how the scheme is set up and so they want to invoke [41:54.880 --> 42:01.680] their jurisdiction upon you saying you're operating in this manner but you raise the [42:01.680 --> 42:07.120] issue saying that you're challenging that contract because that's what you get to on the contract [42:07.120 --> 42:17.280] side and and now you could say well my license has expired because I opted out of that contract [42:17.280 --> 42:24.160] because I never I never even go into commerce so how could this court have jurisdiction under [42:24.160 --> 42:32.720] the scheme you're purporting that I have would that be does that sound plausible that's exactly [42:32.720 --> 42:47.760] the case now the courts want to have common law jurisdiction they act as if the transportation [42:47.760 --> 42:55.520] code is an adhesion contract and it's not well they're also acting like it's a penal violation [42:55.520 --> 43:03.200] no to give them that common law jurisdiction when it's administrated it is it is a violation [43:03.200 --> 43:09.440] once you enter into the transportation code contract a violation of that contract it is a [43:09.440 --> 43:17.360] penal violation and that's by agreement okay but they want to say that you're bound to it by adhesion [43:17.360 --> 43:25.120] you're unnecessarily bound to it by adhesion adhesion but no you're not you only become [43:25.760 --> 43:31.840] bound to it by adhesion if you're operating motor vehicle for commerce didn't that bind [43:31.840 --> 43:36.640] you to the contract because in order to do that you have to be engaged in the contract [43:37.280 --> 43:44.400] or there are penalties that can be applied to you just like if you're holding yourself out as a lawyer [43:44.400 --> 43:52.640] you can't hold yourself out as a lawyer unless you have a contract with the state [43:53.920 --> 43:57.440] through the state bar and through the state legislature who [43:58.720 --> 44:04.160] this tick at capital coin and bullion our mission is to be your preferred shopping [44:04.160 --> 44:08.320] destination by delivering excellent customer service and outstanding value at an affordable [44:08.320 --> 44:12.720] 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through friday 10 to 6 saturdays 10 to 2 visit us at capitalcoin [44:55.600 --> 45:03.520] and bullion dot com or call 512 646 6440 are you the plaintiff or defendant in a lawsuit [45:04.160 --> 45:09.680] win your case without an attorney with jurors dictionary the affordable easy to understand [45:09.680 --> 45:17.520] for cd course that will show you how in 24 hours death by step if you have a lawyer know what your [45:17.520 --> 45:22.320] lawyer should be doing if you don't have a lawyer know what you should do for yourself [45:23.120 --> 45:29.520] thousands have won with our step-by-step course and now you can too jurisdiction area was created [45:29.520 --> 45:36.400] by a licensed attorney with 22 years of case winning experience even if you're not in a lawsuit [45:36.400 --> 45:41.920] you can learn what everyone should understand about the principles and practices that control our [45:41.920 --> 45:49.600] american courts you'll receive our audio classroom video seminar tutorials forms for civil cases [45:49.600 --> 45:56.400] pro se tactics and much more please visit rule of law radio dot com and click on the banner [45:56.400 --> 46:12.320] or call toll-free 866 law easy [46:18.080 --> 46:23.440] okay we are back randy kelton rule of our radio and i've been very consistent [46:23.440 --> 46:31.600] today on this friday the 15th day of december 2017 in that i've ran off the clip every single time [46:36.240 --> 46:43.840] you are getting good at it too okay well it's interesting for me this is interesting because [46:44.880 --> 46:51.680] while i'm trying to address your question i'm also trying to work out an elegant way to [46:51.680 --> 47:02.640] to present the situation of how you become engaged with the court this is the thing [47:02.640 --> 47:11.520] that's running around in the patriot mythological network where people seem to have a misunderstanding [47:11.520 --> 47:24.160] of what brings you within the jurisdiction of a particular court and what doesn't so i probably [47:24.160 --> 47:30.080] need to present this two or three times to figure out how to present it in a way it works and [47:31.280 --> 47:36.560] figure out what doesn't work and so i've kind of been stumbling today but it is an interesting [47:36.560 --> 47:45.520] argument it's an interesting issue and it certainly gives us a way to go at the arguments that we're [47:45.520 --> 47:53.440] making that may well be more convincing to a court that's not necessarily corrupt but it's [47:53.440 --> 47:59.280] acting from the unstated presupposition that you always fall within the contract and that seems to [47:59.280 --> 48:09.040] be what the courts do so it may be about making the right argument go ahead scott yeah no this is [48:09.040 --> 48:18.560] kind of it's a little bit confusing because of how it's assumed or how you how you can [48:19.200 --> 48:26.560] differentiate yourself from it so getting that that that real clarification on the issue [48:26.560 --> 48:35.200] you it seems to be there's a little bit of cloudiness to it on probably on both sides i mean [48:35.200 --> 48:41.840] the the court's probably just assuming it all the time because they're not nobody is presented [48:41.840 --> 48:52.160] to argue in a clear concise form that can be that can't be defuted or that was a bad word [48:52.160 --> 48:58.240] it can't be refuted in other words you you have to be able to make it in a clear [48:58.240 --> 49:05.120] articulate manner that shows this is where your jurisdiction lies and this is how it's being [49:05.120 --> 49:14.240] misapplied to us and these are the reasons why it's being misapplied and that's and that's been [49:14.240 --> 49:23.120] hard for me even after all the study and stuff it's still been a difficult issue to wrap my head [49:23.120 --> 49:30.880] around sometimes i mean and people that's real that's a common problem when uh harman taylor [49:30.880 --> 49:40.160] talks about the fact that all the statutes are by agreement it took a long time for me to be able [49:40.160 --> 49:49.360] to wrap my head around that concept that everything is by contract everything is by agreement when you [49:49.360 --> 49:59.520] say agreement that implies conscious verbal specifically articulated agreement that is [49:59.520 --> 50:10.320] not correct your agreement to a contract can be construed by your taking actions that fall within [50:10.320 --> 50:19.360] the scope of the contract even if you hadn't consciously or intentionally agreed to the [50:19.360 --> 50:27.600] contract if you've performed some act or received some benefit of the contract like a [50:27.600 --> 50:38.720] unemployment or a social security check or you use the public thoroughfare as built with public money [50:39.520 --> 50:46.800] for the purpose of generating income that brings you within the contract if whether you [50:47.360 --> 50:54.400] met who or not rather even knew about the contract or not anytime you accept a benefit [50:54.400 --> 51:04.880] it you engage yourself into a especially a benefit from the government you engage yourself [51:04.880 --> 51:11.360] into a contract with the government an adhesion contract that's probably the part that's hardest [51:11.360 --> 51:18.560] to get your head wrapped around because driving up down the highways and using the highways [51:18.560 --> 51:22.320] that's something everybody does they do it all their life they don't think anything about it [51:22.320 --> 51:31.680] but they don't and because of that they they don't necessarily construe themselves as acting within [51:31.680 --> 51:38.080] the scope of the contract but they don't even know what's there but it is anyway [51:40.160 --> 51:48.880] have I thoroughly confused the situation no it's confusing enough to start with I think [51:48.880 --> 51:54.800] just by trying to mash some of this stuff out though it's starting to separate it so slowly [51:56.480 --> 52:02.560] you know I can say I think I'll go down Monday and pull the contract from DPS either that or [52:02.560 --> 52:09.360] could do a government request and just email it and have them email me a copy of it either way [52:09.360 --> 52:18.480] but you know they're just it it's just kind of we need to get we need to delineate this [52:18.480 --> 52:25.760] stuff a little bit better so that even you know like you said you go back and look at the pleading [52:25.760 --> 52:35.040] and address it from that standpoint of of the contract itself are we actually engaging in [52:35.040 --> 52:42.240] that contract to give the court jurisdiction to impose a contract does that make sense [52:43.440 --> 52:51.920] yes and I'm hoping for everybody else that that this is beginning to make some more sense [52:52.800 --> 52:57.760] it is a hard concept and it took me a long time to wrap my head around it and [52:57.760 --> 53:07.200] and while I partially have my head wrapped around it what I haven't done is try to explain it enough [53:07.200 --> 53:15.040] so that I can explain it in a way that makes sense to someone who's not already familiar with [53:15.040 --> 53:22.000] her with the precepts and so we'll be working on that we may we may want to argue this issue [53:22.000 --> 53:30.560] another in some other shows because you know I've you guys have all listened to me stumbling through [53:31.360 --> 53:37.840] trying to make this make sense the next time I argue the issue I'll probably be able to [53:37.840 --> 53:44.640] present it in a way that's a little more cogent whatever that means you're welcome [53:44.640 --> 53:50.000] you're welcome to come on my show we'll argue it all the time you come on the snap food radio [53:50.000 --> 53:57.360] we'll do a show on this because I think this is a really good issue to get people more [53:58.320 --> 54:06.000] get people to understand better because it is it is so convoluted and if you can argue it better [54:06.000 --> 54:13.040] because you know exactly where you stand then you can present it to a court and they may actually [54:13.040 --> 54:18.240] look at it go you know that does make sense instead of just that they're trying to fly off [54:18.240 --> 54:22.720] the handle you don't have subject matter jurisdiction I stand on my pleadings and that's that and [54:22.720 --> 54:31.840] they're like okay yeah deny let's move on to the next phase but we need to be able to to explain [54:31.840 --> 54:41.920] how this is a contract that is not being applied correctly and and why it's not being applied [54:41.920 --> 54:47.760] correctly so this is this is a good argument to have over and over again and I know you got a [54:47.760 --> 54:52.560] bunch of listeners and they're probably chomping at the bit to get to you next so [54:53.440 --> 54:56.800] no they're probably not they've probably all fallen asleep by now [54:58.720 --> 55:04.080] well if anybody's been listening to this and listening to your show for a while this is probably [55:04.080 --> 55:11.840] intriguing because this is really drilling down into the core subject of the matter the subject [55:11.840 --> 55:25.280] matter of their jurisdiction I'm gonna pass on that one okay okay then thank you Scott we're gonna [55:25.280 --> 55:32.400] move on now before I run off the cliff again okay good I'm in good shape okay thank you Scott [55:33.040 --> 55:39.680] now we're going to go to Christina in Indiana she's the first time caller hello Christina [55:39.680 --> 55:46.640] what do you have for us today hello mr. Calton thank you for taking my phone call I really [55:46.640 --> 55:55.440] appreciate your kindness and your help helping people to know what they have to do especially when [55:55.440 --> 56:06.080] they deal with the law that's not something that I want to be appreciated for I'm calling to [56:06.080 --> 56:16.480] to ask for advice especially because I've been dealing with something that many parents deal with [56:16.480 --> 56:24.960] and they don't know how to address it or what to do in in a difficult situation [56:26.080 --> 56:32.480] my my difficult situation is with the public school system administration the principal [56:32.480 --> 56:43.920] in the school where my son attended right now because the situation led me to make a very difficult [56:43.920 --> 56:53.680] decision I decided to take my son out of school and have him home schooled and I do have [56:53.680 --> 57:04.480] arguments for that like why I did that but to keep it short there was an incident with [57:04.480 --> 57:11.920] the school principal back in October where she called me on the phone it was 3 10 pm it was [57:11.920 --> 57:20.800] the end of the school day and she called me telling me that she actually kept my son [57:20.800 --> 57:31.680] in the office with her and did not let him go home by bus just because she wanted to have a [57:31.680 --> 57:39.200] talk with me a meeting that she was wanting to have and unfortunately didn't you know [57:39.200 --> 57:50.960] so so she she kept your son in her office because she wanted to have a talk with you [57:52.160 --> 58:01.360] yes yes it's exactly that way she was like well I'm gonna keep him here so you're gonna come [58:01.360 --> 58:09.440] and get him from here and we'll have our talk she wanted to talk about some very important [58:09.440 --> 58:19.520] things that she had on her agenda and she thought that was the right okay okay hang on we're about [58:19.520 --> 58:28.960] to go to break but this is a very good opportunity to teach your son about how contracts work and [58:28.960 --> 58:35.280] when we come back on the other side we'll talk about this school contract that we enter into [58:35.280 --> 58:44.560] by adhesion and how the the schools seem to think that the tenants of the contract don't apply to [58:44.560 --> 58:52.880] them hang on we'll be right back okay thanks would you like to make more definite progress in your [58:52.880 --> 58:59.520] walk with god bibles for america is offering a free study bible and a set of free christian books [58:59.520 --> 59:04.400] that can really help the new testament recovery version is one of the most comprehensive study [59:04.400 --> 59:09.920] bibles available today it's an accurate translation and it contains thousands of footnotes that will [59:09.920 --> 59:15.920] help you to know god and to know the meaning of life the free books are a three volume set called [59:15.920 --> 59:21.360] basic elements of the christian life chapter by chapter basic elements of the christian life [59:21.360 --> 59:28.240] clearly presents god's plan of salvation growing in christ and how to build up the church to order [59:28.240 --> 59:34.640] your free new testament recovery version and basic elements of the christian life call bibles [59:34.640 --> 59:51.520] for america toll free at 888-551-0102 that's 888-551-0102 or visit us online at bfa.org live free [59:51.520 --> 01:00:03.200] speech radio logos radio network dot com the following use flash is brought to you by the [01:00:03.200 --> 01:00:11.280] low star lowdown providing the deli bulletins for the commodities market today in history news updates [01:00:12.160 --> 01:00:15.120] and the inside scoop into the tides of the alternative [01:00:15.120 --> 01:00:25.600] market for wednesday the 6th of december 2017 closed with gold at one thousand two hundred [01:00:25.600 --> 01:00:29.920] sixty three dollars and thirty one cents an ounce silver fifteen dollars ninety five cents an ounce [01:00:29.920 --> 01:00:34.960] texas crude fifty seven dollars sixty two cents a barrel bitcoin is at an all-time high at thirteen [01:00:34.960 --> 01:00:39.600] thousand six hundred and seventy u.s currency and dash coins about seven hundred and fifteen [01:00:39.600 --> 01:00:49.040] u.s fiat today in history the year 1897 london becomes a world's first city to host licensed [01:00:49.040 --> 01:00:56.400] taxi cabs today in history in recent news present trump said from the diplomatic reception room [01:00:56.400 --> 01:01:00.480] of the white house earlier today that the united states will formally recognize jerusalem as the [01:01:00.480 --> 01:01:05.200] capital of israel with announcing preparations to move the united states embassy from tell of e [01:01:05.200 --> 01:01:10.400] to the city of god trump stated that quote today we finally acknowledge the obvious that jerusalem [01:01:10.400 --> 01:01:15.840] is israel's capital this is nothing more or less than a recognition of reality it is also the right [01:01:15.840 --> 01:01:21.440] thing to do something that has to be done everyone from pope frances the chinese foreign minister [01:01:21.440 --> 01:01:26.000] and european leaders have voiced their concerns with this decision from president trump ferica [01:01:26.000 --> 01:01:31.200] morgani high representative of the european union foreign affairs and security policy made clear [01:01:31.200 --> 01:01:35.920] that europe saw the president's decision as a threat to peace in the middle east stating that [01:01:35.920 --> 01:01:39.840] quote we believe that any action that would undermine these efforts must absolutely be [01:01:39.840 --> 01:01:45.280] avoided a way must be found through negotiations to resolve the status of jerusalem as a future [01:01:45.280 --> 01:01:50.240] capital of both states former director of the cia under the obama administration john o brennan [01:01:50.240 --> 01:01:54.800] released a statement saying that president trump's words were reckless and would damage us interest [01:01:54.800 --> 01:02:00.160] in the middle east for years to come would make the region more volatile it is yet unclear whether [01:02:00.160 --> 01:02:04.640] the president has any legitimate reason for making this statement other than an act to appeal [01:02:04.640 --> 01:02:07.360] to his evangelical and pro-israel voting base [01:02:12.160 --> 01:02:16.720] nearly 50 mayors from across the united states concluded a climate change summit in chicago [01:02:16.720 --> 01:02:21.760] today where a formal agreement to reduce greenhouse emissions and their cities was signed by the [01:02:21.760 --> 01:02:25.840] attending mayors an act of defiance considering the trump administration's recent decision to back [01:02:25.840 --> 01:02:30.880] the u.s. out of the paris climate agreement no surprise former president brock obama was also [01:02:30.880 --> 01:02:35.120] attending and even spoke at the summit telling attendees that they are america's new front line [01:02:35.120 --> 01:02:40.240] leaders on climate change mayors from cities in mexico and canada joined their u.s. counterparts [01:02:40.240 --> 01:02:45.440] in committing to reduce carbon emissions vancouver mayor gregor robertson said in a statement that [01:02:45.440 --> 01:02:49.840] we stand shoulder to shoulder with all of the u.s. cities and mayors that are committed to the paris [01:02:49.840 --> 01:02:58.640] agreement this was brook brody with your lowdown for december 6 2017 [01:03:11.440 --> 01:03:17.200] okay we are back randy kelton rule of law radio and we're talking to christine in [01:03:17.200 --> 01:03:28.320] indiana and this is a great opportunity to give your son some schooling in contract law [01:03:30.960 --> 01:03:37.520] my producer soon as you went to break he called that kidnapping and i call it kidnapping too [01:03:38.960 --> 01:03:41.280] the principle one of the things that i [01:03:41.280 --> 01:03:50.000] i that really got me to understand the problem that we're having is i talk about going to a [01:03:50.000 --> 01:03:55.680] traffic court with with a guy when i didn't have a case there so i didn't have a dog in the hunt [01:03:57.040 --> 01:04:01.280] and i'm watching all these people and they're standing around outside the courtroom and [01:04:02.160 --> 01:04:05.840] before the court started and they're talking about how they're going to get that cop fire and [01:04:05.840 --> 01:04:10.640] they're going to do this and they're going to do that and it's one guy out there is really nice [01:04:10.640 --> 01:04:19.920] dude older gentleman he had the gave the impression of a high-level professional we go into court and [01:04:19.920 --> 01:04:27.440] they called him up first and he stepped up and he had these notes in his hand but he couldn't read [01:04:27.440 --> 01:04:34.640] from them because his hand was shaking so much he could barely speak and i'm thinking what in the [01:04:34.640 --> 01:04:42.000] world is going on i mean this is just a traffic ticket i mean all they're going to do is charge [01:04:42.000 --> 01:04:47.280] you a fine it's not like they're going to hang you from your toenails or something and this guy is so [01:04:48.320 --> 01:04:55.600] terrified he can't even speak it took a long time to understand what was going on [01:04:55.600 --> 01:05:03.440] this guy went to went to school from our government mandated school systems for 12 years [01:05:04.800 --> 01:05:11.120] and dealt with these public officials and then he got out of the school system he didn't deal [01:05:11.120 --> 01:05:17.520] with public officials anymore he dealt with other ordinary people then he gets a ticket [01:05:18.400 --> 01:05:24.000] now he has to go deal with public officials again how does he know how to deal with public [01:05:24.000 --> 01:05:34.880] officials well he learned that in school and in school you spend 12 years of indoctrination where the [01:05:36.240 --> 01:05:42.960] instructors in tell you about all these great and wonderful rights you have being a citizen [01:05:43.920 --> 01:05:53.040] the republic of the united states however while you're in this school don't even think of trying [01:05:53.040 --> 01:05:57.760] to express one of those rights of the whole way to the system of land rights square on your head [01:05:58.560 --> 01:06:04.160] we put our children to 12 years of that hypocrisy we put them out into the world and we expect them [01:06:04.160 --> 01:06:10.000] to become fully functioning citizens well first time they have to deal with public officials again [01:06:10.000 --> 01:06:16.960] they're back to a sixth grader being sent to the principal that's what i saw in this season [01:06:16.960 --> 01:06:26.800] professional the only behavioral set he had was a child being sent to the principal primary [01:06:26.800 --> 01:06:36.400] purpose of this show is to help people do a juxtaposition we want to switch positions from [01:06:36.400 --> 01:06:43.200] being a child sent to the principal to a parent go into the principal want to know what the heck [01:06:43.200 --> 01:06:50.800] you're doing with my kids that's a whole different behavioral set and christine for you this is [01:06:50.800 --> 01:07:04.320] probably a great opportunity to give your son an education in contract the principal has a contract [01:07:04.320 --> 01:07:16.160] with you and your son that that contract doesn't include interfering with the rights of the child [01:07:18.160 --> 01:07:26.880] now through practice there are certain things that we have allowed our officials to do with [01:07:26.880 --> 01:07:35.840] children who aren't sophisticated enough to understand the covenants of the contract and [01:07:36.560 --> 01:07:46.240] through simple necessity and and reasonableness we've allowed these officials a an amount of [01:07:46.240 --> 01:07:55.840] leeway sufficient to maintain order and decorum aggravated kidnap or kidnapping is not one of [01:07:55.840 --> 01:08:04.320] those things we allowed and of all people who should act within the limits of the law [01:08:06.400 --> 01:08:17.120] it is our school the hg wells in his outline of history on speaking to the corruption of the [01:08:17.120 --> 01:08:26.160] popes during the dark ages very aptly observed the giver of the law most owes the law allegiance [01:08:26.880 --> 01:08:33.600] he of all beings should behave as though the law compels him but it is the universal [01:08:33.600 --> 01:08:42.960] failing of mankind that what we are given to administer we promptly resume we own and this [01:08:42.960 --> 01:08:49.200] looks like a great opportunity not only to demonstrate to the principal that the principal [01:08:49.200 --> 01:08:58.160] doesn't own the law but also to the child that the child has remedy now back to you christina [01:08:58.960 --> 01:09:05.680] what is it that you want to do in this circumstance i'm i'm being presumptive here and i'm trying [01:09:05.680 --> 01:09:17.840] not to presume the remedy you're seeking what remedy do you seek first of all i looked myself [01:09:17.840 --> 01:09:28.960] at what the school corporation has in its rules and regulations and i found something that says [01:09:28.960 --> 01:09:35.040] no student needs to be detained after the close of the regular school day unless the students [01:09:35.040 --> 01:09:40.240] parents have been contacted and informed that the student will be detained or other suitable [01:09:40.240 --> 01:09:46.160] transportation arrangements have been made now when the principal contacted me was already [01:09:46.160 --> 01:09:52.400] the end of the school day because the end of the school day at my son's school is at three [01:09:52.400 --> 01:10:00.880] ten p.m. and that's when the principal called me and she was on the phone with me like five to six [01:10:00.880 --> 01:10:08.800] minutes and i understood later on from um sister that um little brother was actually taken out of [01:10:08.800 --> 01:10:15.600] the line he was already lined up for the bus to be called to the bus and he was taken out of the [01:10:15.600 --> 01:10:26.320] line and sent to the office to stay there and um what really aggravated the situation was [01:10:26.320 --> 01:10:32.640] not only the fact that um the principal did something that she shouldn't have done but the [01:10:32.640 --> 01:10:40.320] fact that i actually had to call the bus transportation inquire where exactly my son was because [01:10:40.320 --> 01:10:48.320] the grandparents were expecting to pick him up at the um regular time they picked him up from bus [01:10:48.320 --> 01:10:57.200] from bus and um i did not know where my child was so my child was missing and i told the bus [01:10:57.200 --> 01:11:03.920] transportation manager that my child is missing and i really don't know where he is he needs to [01:11:03.920 --> 01:11:11.360] find out the school didn't call me to let me know on what bus he's now because he didn't he wasn't [01:11:11.360 --> 01:11:19.840] allowed to come home on his regular transportation that i signed for and i agreed on that he will [01:11:19.840 --> 01:11:27.360] write only that bus so i was totally like i i don't know what to think uh any longer so [01:11:27.360 --> 01:11:33.520] when you said kidnapping this could be called kidnapping i i think i can agree on that what [01:11:33.520 --> 01:11:42.880] i am actually trying to um to look into is filing a tort claim against this principal or school [01:11:43.440 --> 01:11:52.560] corporation and um is if there is anything else that you would recommend uh to do about this [01:11:52.560 --> 01:12:05.440] um oh yes as a matter of fact there is the way i read the code now a public official is granted [01:12:05.440 --> 01:12:15.120] certain authority if a public official exceeds that authority and in the process denies the [01:12:15.120 --> 01:12:23.600] citizen full and free access to or enjoyment of right under 18 us code 242 which is the cucklicks [01:12:23.600 --> 01:12:32.880] clan act and every state in the union has a state statute that reflects 18 us code 242 [01:12:33.680 --> 01:12:39.680] the act is an act of official oppression and it's class a misdemeanor in most every state [01:12:39.680 --> 01:12:50.320] so what i'd like to do is take the law to them now it's almost never my intention to have a [01:12:50.320 --> 01:12:59.520] public official indicted but since you're in indiana and i'm in texas we're both under [01:12:59.520 --> 01:13:07.440] essentially spanish type law and under spanish type law you as a citizen have a duty to report [01:13:07.440 --> 01:13:16.560] crime but once you have reported crime you have no standing concerning the enforcement of the law [01:13:17.520 --> 01:13:23.360] except to the degree that all of your public officials act within the scope of that law [01:13:24.640 --> 01:13:34.800] so you have a duty to report crime and from what i hear the principal exerted or purported to exert [01:13:34.800 --> 01:13:40.960] an authority she did not expressly have and in the process denied your son in the full and free [01:13:40.960 --> 01:13:48.640] access to or enjoyment of right now schools tend to act from the unstated presupposition [01:13:50.080 --> 01:13:57.280] that these rights they're teaching your children that they have well when they're in this school [01:13:57.280 --> 01:14:06.240] those rights don't really apply well the principal needs a little instruction [01:14:07.680 --> 01:14:15.680] yes as a matter of fact they do apply and while the courts grant the schools a certain amount of [01:14:15.680 --> 01:14:27.120] leeway there are very strict limits to that leeway aggravated kidnapping is not within the limits [01:14:27.120 --> 01:14:33.440] of that leeway and this is part of the reason though you may have called the police issued an [01:14:33.440 --> 01:14:40.480] amber alert you could have half the state looking for your son when he's sitting in the principal's [01:14:40.480 --> 01:14:50.000] office that's under contractual law that's unconscionable if the principal wanted to have [01:14:50.000 --> 01:14:58.960] a meeting with you well the principal can call you and schedule an interview or schedule a meeting [01:14:59.680 --> 01:15:06.640] you know when you get a ticket they order you to come to court and for the most part the first [01:15:06.640 --> 01:15:14.160] hearing is to meet with a prosecutor well when they order me to come to court to meet with the [01:15:14.160 --> 01:15:22.240] prosecutor i called the bailiff over and asked him to arrest the prosecutor say if you want to [01:15:22.240 --> 01:15:29.840] have a meeting with me call me we'll set an appointment and agree to sit down and meet with [01:15:29.840 --> 01:15:39.200] you if i want to but my position is i don't talk to persecuting attorneys period the only one that [01:15:39.200 --> 01:15:45.520] has authority is the court and i come to talk to the court not a prosecutor this is the same thing [01:15:46.880 --> 01:15:53.360] you have a principal exercising an authority she doesn't have and if you leave this be [01:15:54.640 --> 01:16:03.040] you perpetuate the unstated presupposition that your son's rights do not apply when they go to [01:16:03.040 --> 01:16:11.040] school now what kind of hypocrisy is that and since you're homeschooling now this is an [01:16:11.040 --> 01:16:19.360] excellent opportunity to demonstrate the remedy that the child has so i suggest you file kidnapping [01:16:19.360 --> 01:16:29.280] charges against the principal oh this is your son will love this this is so much fun you won't [01:16:29.280 --> 01:16:36.080] believe it then we try to teach people how to do this kind of thing and one problem we have [01:16:36.080 --> 01:16:44.000] is once they get it they they tend to kind of get carried away because it is so much fun [01:16:46.560 --> 01:16:53.600] when you file criminal charges against the principal for kidnapping you'll get to see [01:16:53.600 --> 01:17:01.280] what we call this little chicken dance where the principal is shifted from i love logos without [01:17:01.280 --> 01:17:06.160] the shows on this network i'd be almost as ignorant as my friends i'm so addicted to the truth now [01:17:06.160 --> 01:17:11.840] that there's no going back i need my truth pick i'd be lost without logos and i really want to help [01:17:11.840 --> 01:17:15.520] keep this network on the air and i'd love to volunteer as a show producer but i'm a bit of a [01:17:15.520 --> 01:17:20.880] lie and i really don't have any money to give because i spent it all on supplement how can i [01:17:20.880 --> 01:17:27.040] help logo well i'm glad you asked whenever you order anything from amazon you can help logos [01:17:27.040 --> 01:17:32.480] with order new supplies or holiday gifts first thing you do is clear your cookies now go to [01:17:32.480 --> 01:17:38.880] logos radio network dot com take on the amazon logo and book market now when you order anything [01:17:38.880 --> 01:17:45.440] from amazon you use that link and logos gets a few pesos do i pay extra no do you have to do [01:17:45.440 --> 01:17:52.320] anything different when i order no can i use my amazon prime no i mean yes wow giving without [01:17:52.320 --> 01:17:59.440] doing anything or spending any money this is perfect thank you so much we are welcome happy holidays [01:17:59.440 --> 01:18:08.720] logos it's the 2017 logos radio network annual fundraisers sponsored by central texas gunworks [01:18:08.720 --> 01:18:14.160] defense distributed in fat sales deli go through logos radio network dot com and entered the win [01:18:14.160 --> 01:18:19.920] every 25 dollar donation is a chance to win from central texas gunworks first place up for grabs [01:18:19.920 --> 01:18:27.840] of spikes tactical ar 15 second place torus pt 111 g2 9 millimeter pistol from defense 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01:19:45.600] this is a a teaching opportunity and one thing i tell people is is when you walk into a courthouse [01:19:47.040 --> 01:19:55.120] you're the baddest motor scooter in the building your son needs to understand this part the reason [01:19:55.120 --> 01:20:03.920] he's the baddest motor scooter in the building is because he's nobody he's not a judge a prosecutor [01:20:03.920 --> 01:20:12.400] a clerk a bailiff all of these guys persons they're all public officials they're public servants [01:20:14.000 --> 01:20:22.400] they're the servants you're the master and when you walk into a a courthouse or any place filled [01:20:22.400 --> 01:20:30.800] with your public officials you wear two hats you wear the hat that you were wearing when you came [01:20:30.800 --> 01:20:36.320] there if it's a court it's a little good hat if it's a school it's a student's hat but you got [01:20:36.320 --> 01:20:44.000] another hat it's the master's hat and if one of your servants steps across one of your legal lines [01:20:44.000 --> 01:20:53.680] you take off that student's hat you put on that master's hat and you bring them back in line that [01:20:53.680 --> 01:21:01.520] would probably be one of the most effective and elegant teachings you could give your son [01:21:03.520 --> 01:21:12.960] there's nothing that gives us more confidence confidence than to understand the power we as a [01:21:12.960 --> 01:21:21.600] citizen in this republic have and we do have the power to bring our public officials to task [01:21:23.360 --> 01:21:30.240] now i'm not going to say that's easy because for the most part public officials are not used to [01:21:30.240 --> 01:21:40.640] being taken to task so we need some to develop some skills in doing that and i've tried to [01:21:40.640 --> 01:21:50.240] cloak these skills in terms of metaphorical representations that will make sense to people [01:21:52.480 --> 01:21:58.640] and one of those that i use is i think of my public officials the way i do my grandkids [01:22:00.080 --> 01:22:08.240] i love them dearly but if one of them runs at tries runs out in the road i'm fixing to tan his [01:22:08.240 --> 01:22:17.760] hide it's not out of anger or meanness but it's my duty to protect them even from their own [01:22:17.760 --> 01:22:28.240] excesses our public officials will naturally try to adjust the methods of their profession [01:22:28.240 --> 01:22:40.480] in a manner that is conducive to expediency so they will do things that may not exactly be [01:22:41.520 --> 01:22:47.520] in line with the letter of law but makes things work better and if nobody raises a red flag you [01:22:47.520 --> 01:22:53.840] know no harm no foul well every once in a while they need somebody to come along and raise a red [01:22:53.840 --> 01:23:05.120] flag and when i file against public officials i really don't want them harmed if i file the [01:23:05.120 --> 01:23:12.080] professional conduct complaint against the principal that would do her harm or him harm [01:23:14.080 --> 01:23:19.680] but if i file a criminal complaint against the public official against the principal or whatever [01:23:19.680 --> 01:23:26.880] then all these other officials are going to jump in line behind what we call this thin blue line [01:23:27.600 --> 01:23:33.360] and they're going to try to protect them when you try to file a complaint against a [01:23:34.000 --> 01:23:40.800] like the principal for kidnapping your son the police are going to do this song and dance [01:23:40.800 --> 01:23:46.240] and seltzer down your pants and try to figure out a way to keep you from filing this complaint [01:23:46.240 --> 01:23:55.280] oh well that's not kidnapping you can't file this complaint wrong now what they have done [01:23:56.640 --> 01:24:01.840] is they've shielded from prosecution and shielding from prosecution at least in texas [01:24:02.880 --> 01:24:09.840] is a felony they failed to perform a duty they were required to perform and in the process [01:24:09.840 --> 01:24:17.200] uh shielded another person from prosecution under 3805 people code that's a felony in the state of [01:24:17.200 --> 01:24:23.920] texas so and i tell this to bailiffs all the time in court when i asked the bailiff to arrest [01:24:23.920 --> 01:24:30.000] the judge he just haven't lived until you've asked the bailiff in the courtroom to arrest the judge [01:24:30.800 --> 01:24:39.040] that is such great fun you know the first thought you have is well if i do that the judge is likely [01:24:39.040 --> 01:24:48.160] to charge me with contempt to court how's that going to play out for you judge you as the citizen [01:24:48.800 --> 01:24:55.520] observe the judge commit a crime and you ask the bailiff who is the security officer [01:24:56.560 --> 01:25:02.800] to arrest that person for that crime and then that person takes action against you [01:25:02.800 --> 01:25:10.560] well the way i read the code that's retaliation and that's also a felony in texas and this [01:25:10.560 --> 01:25:17.200] the laws in all states are very similar is this making sense why i'm going christine [01:25:18.160 --> 01:25:28.640] yeah christina it does christina yes it does and it's really easier than it appears [01:25:28.640 --> 01:25:37.520] and it's it's it's ethical because we're really not trying to get the the principle [01:25:38.800 --> 01:25:43.040] in any real serious difficulty we're just trying to give them an object lesson [01:25:45.120 --> 01:25:52.000] i filed first degree felony aggravated assault charges against my local district judge [01:25:52.000 --> 01:26:00.560] the highest judge in the district because he had a bailiff touch me he thought better of it [01:26:00.560 --> 01:26:07.760] and had the bailiff back off sorry bubba that bail has already been wrong and he couldn't [01:26:07.760 --> 01:26:12.240] unring it and i actually put him in front of a grand jury and they know build him [01:26:13.760 --> 01:26:18.160] and this is exactly what i wanted i didn't want him indicted for first degree felony [01:26:18.160 --> 01:26:24.720] but according to the way the code read if you exerted or boredom to exert an authority you [01:26:24.720 --> 01:26:30.560] didn't have and in the process committed simple assault while prominently displaying a dead weapon [01:26:30.560 --> 01:26:38.480] that's first degree felony i didn't write it i just read it i didn't get the judge indicted [01:26:39.360 --> 01:26:45.600] but i can pretty well assure you that what he did to me he would never do to another [01:26:45.600 --> 01:26:55.120] person in his courtroom and i suggest that if you go today call the police and file a criminal [01:26:55.120 --> 01:27:03.120] complaint against the principle for kidnapping them you want to find the most serious charge you can [01:27:04.160 --> 01:27:08.880] and the more outrageous the better because you really don't want to be indicted for that [01:27:09.840 --> 01:27:14.480] but you want her to think she could be here and when you go to the police they're going to refuse [01:27:14.480 --> 01:27:21.840] to take you complaint and this goes to one another one of the rules that we we have here and that rule [01:27:21.840 --> 01:27:32.080] is never ask a public official to do anything you actually want him to do because you never ask a [01:27:32.080 --> 01:27:39.200] public official to do anything that the law does not command him to do so that when he doesn't you [01:27:39.200 --> 01:27:44.880] get the boink him on the professional head so when the policeman refuses to take the complaint [01:27:45.680 --> 01:27:52.640] you go to the local magistrate and every judge is a magistrate and you file a complaint against [01:27:52.640 --> 01:28:00.640] the police officer for shielding from prosecution for not taking your complaint against the clerk [01:28:00.640 --> 01:28:09.360] i mean i'm sorry against the the principal and now everybody's gonna say what the heck is going [01:28:09.360 --> 01:28:15.920] on here they're gonna call the police officer they're gonna call the principal and say what's [01:28:15.920 --> 01:28:21.440] going on here i got this woman trying to get you guys arrested what's going on and they're all [01:28:21.440 --> 01:28:30.080] gonna have to do this dance around and explain why she's trying to get you arrested and then when [01:28:30.080 --> 01:28:37.360] the judge refuses to act oh wonderful now you go to the prosecuting attorney and ask the prosecutor [01:28:37.360 --> 01:28:44.640] to arrest the judge you talk about getting to see a chicken dance you will definitely get to see that [01:28:44.640 --> 01:28:49.520] chicken dance when you ask the prosecutor attorney to arrest the judge because the judge wouldn't [01:28:49.520 --> 01:28:55.520] arrest the the police officer because the police officer wouldn't arrest the principal [01:28:55.520 --> 01:29:02.160] at the end of the day you'll never win your case simply because you have the law and the [01:29:02.160 --> 01:29:10.000] facts on your side to think so it's naive you will win your case if you have the politics on [01:29:10.000 --> 01:29:19.360] your side and all politics is local by this process you create lots of local politics [01:29:19.360 --> 01:29:28.560] you get all the phones in the county just to hum it and the problem is is you bring to them [01:29:29.680 --> 01:29:36.560] chapter and verse another rule is never make a proactive statement of law out of your own [01:29:36.560 --> 01:29:43.600] mouth only make proactive statements of law out of the mouth of the legislature or the courts [01:29:43.600 --> 01:29:50.480] never say this is my ride and this is your duty when i go before a public official recently i went [01:29:50.480 --> 01:29:56.240] before one i wanted to see some records at the clerkhead and i told the clerk i want to see [01:29:57.200 --> 01:30:06.080] all of the warrants burglars are breaking into hotel rooms by effortlessly and silently [01:30:06.080 --> 01:30:11.440] opening those key card locks under kathryn albrecht and i'll be back to tell you how the hackers do [01:30:11.440 --> 01:30:17.760] it and what it means for you the traveler in a moment privacy is under attack when you give [01:30:17.760 --> 01:30:23.040] up data about yourself you'll never get it back again and once your privacy is gone you'll find [01:30:23.040 --> 01:30:29.360] your freedoms will start to vanish too so protect your rights say no to surveillance and keep your [01:30:29.360 --> 01:30:36.560] information to yourself privacy it's worth hanging on to this message is brought to you by startpage.com [01:30:36.560 --> 01:30:44.560] the private search engine alternative to google yahoo and bing start over with start page when [01:30:44.560 --> 01:30:49.680] jenna wolff returned to her room at the hide in houston and found her laptop stolen there was no [01:30:49.680 --> 01:30:56.080] sign of forest entry and the housekeeper was ruled out as a suspect so who done it a hacker it turns [01:30:56.080 --> 01:31:02.400] out using a digital tool that spoofs the computerized key card locks in place at four million hotel [01:31:02.400 --> 01:31:08.880] rooms after break-ins across texas the lock company onigy offered a pretty lame solution [01:31:08.880 --> 01:31:14.240] plugging the locks with putty the real solution requires replacing every lock circuit board [01:31:14.240 --> 01:31:19.680] something onigy wants the hotels to pay for but what if they don't well it may be time to stay [01:31:19.680 --> 01:31:26.240] somewhere else motel six anyone i'm dr kathryn albrecht for startpage.com the world's most private [01:31:26.240 --> 01:31:36.560] search engine this is building seven a 47 story skyscraper that fell on the afternoon of september [01:31:36.560 --> 01:31:42.400] 11 the government says that fire brought it down however 1500 architects and engineers concluded [01:31:42.400 --> 01:31:46.720] it was a controlled demolition over 6000 of my fellow service members have given their lives [01:31:46.720 --> 01:31:51.520] of thousands of my fellow first responders of dying i'm not a conspiracy theorist i'm a structural [01:31:51.520 --> 01:31:56.080] engineer i'm a new york city correctional i'm an air force pilot i'm a father who lost his son we're [01:31:56.080 --> 01:32:02.960] americans and we deserve the truth go to rememberbuilding7.org today hey it's dany here for hill [01:32:02.960 --> 01:32:07.360] country home improvements did your home receive hail or wind damage from the recent storms come on [01:32:07.360 --> 01:32:11.520] we all know the government caused it with their chemtrails but good luck getting them to pay for [01:32:11.520 --> 01:32:15.680] it okay i might be kidding about the chemtrails but i'm serious about your roof that's why you [01:32:15.680 --> 01:32:20.480] have insurance and hill country home improvements can handle the claim for you with little to know [01:32:20.480 --> 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01:33:35.120] okay we are back randy kelton rule of law radio on this friday the [01:33:36.000 --> 01:33:44.560] fifteenth day of december 2015 and christina you kind of started this out by stepping into [01:33:44.560 --> 01:33:50.320] one of my favorite subjects so if i sound like i'm i'm kind of going off the rails here is because [01:33:52.000 --> 01:33:59.520] in my opinion every citizen should fully understand this aspect of our legal system [01:34:00.640 --> 01:34:08.560] it will not only empower the individual but one person like this in a county [01:34:08.560 --> 01:34:14.800] and if we had one person in every county doing this we would change everything [01:34:16.480 --> 01:34:23.360] and this is a great opportunity to demonstrate to your son how the system really works [01:34:24.960 --> 01:34:33.120] and how it really works is it's all politics and while our show is called rule of law radio we do [01:34:33.120 --> 01:34:42.960] exercise great care to make sure that we always follow law the way it's written [01:34:44.400 --> 01:34:51.440] at the same time we understand that law is implemented by human beings [01:34:51.440 --> 01:35:03.920] and god if there is a god if he if he created man he created us horribly flawed so when we [01:35:04.480 --> 01:35:16.720] engage human beings to enforce or implement law they always screw it up and it's up to us to [01:35:16.720 --> 01:35:26.240] apply pressure to adjust things so that they kind of stay within the scope of how our founders [01:35:26.240 --> 01:35:34.480] intended am i making sense christina yes yes and i'm thinking about what i actually [01:35:37.360 --> 01:35:43.440] on the school corporation website and i'm just like wait wait hold on christina can you move the [01:35:43.440 --> 01:35:50.480] mic a little away from your mouth it's it's distorting somewhat yes let me get down by your chin [01:35:50.480 --> 01:36:02.000] okay go ahead yes what i was saying is it is the survey to me that um i actually read about some [01:36:02.000 --> 01:36:11.680] things on the school corporation website that are actually um not what i see in the school [01:36:11.680 --> 01:36:19.440] so it is like for me to have a young son and go through what he went through [01:36:21.440 --> 01:36:30.400] in school at this very young age i just feel like it is very unfair and many of the rules [01:36:30.400 --> 01:36:40.560] and laws were broken for sure so i need to act i need to act upon what i can my question would be [01:36:40.560 --> 01:36:47.040] um can i file this tort claim even if um the incident happened in oktober [01:36:48.320 --> 01:36:55.040] and it's been sometimes since then oh yeah okay on a tort claim as a rule a tort claim you have two [01:36:55.040 --> 01:37:03.040] years but sometimes with certain things concerning public fishes one of them is false imprisonment [01:37:03.040 --> 01:37:11.840] uh kidnapping is the criminal charge false imprisonment is the civil tort [01:37:13.040 --> 01:37:20.640] on on civil tort you have one year and normally the way you do that is almost all [01:37:21.520 --> 01:37:30.320] governmental jurisdictions have a statute that requires that before you can sue the jurisdiction [01:37:30.320 --> 01:37:36.720] you must give them notice an opportunity notice of the harm and opportunity to repair [01:37:37.600 --> 01:37:45.200] and you do that in form of a tort letter you have harmed me in this way make me hold or be sued [01:37:46.480 --> 01:37:54.400] and then the jurisdiction will have 60 days to respond regardless of rather how they respond [01:37:54.400 --> 01:38:00.480] and after the 60 days then under law you can file a civil action [01:38:03.280 --> 01:38:14.080] does that answer that question yes um now we were um also wondering if um we can actually [01:38:16.800 --> 01:38:22.800] you know we have some other things that happened as well and this was really the biggest one [01:38:22.800 --> 01:38:32.560] that um made us very very upset and we said we're not going to do nothing we will do what it is [01:38:32.560 --> 01:38:38.960] the right thing to do now that we have more advice from you and information about what to do [01:38:39.920 --> 01:38:47.280] I wonder if there are the things um that um we should also do before we actually [01:38:47.280 --> 01:38:56.560] take him back to school because we really didn't mean to have him at home schools we we have a [01:38:56.560 --> 01:39:05.920] daughter who is um actually finishing fifth grade um at the same school and um we don't want to [01:39:05.920 --> 01:39:13.040] interfere with that we don't want to cause problems for her so but having him back to school we [01:39:13.040 --> 01:39:21.360] wanted to make sure that he's not going to be um treated unfair uh nor things that happened [01:39:21.360 --> 01:39:28.160] during this school semester will ever happen again like the bus okay that part's easy [01:39:29.840 --> 01:39:37.040] you go down to the local police don't you know we have another rule never give fair warning [01:39:37.040 --> 01:39:45.040] uh people when they feel like governmental entities are acting inappropriate pretend to [01:39:45.040 --> 01:39:51.760] go before them and say well you have a do to do this and I have these rights and blah blah blah [01:39:51.760 --> 01:39:58.240] well they hear that all the time and uh that's giving fair warning when you start telling a [01:39:58.240 --> 01:40:03.840] public official what they're supposed to do they're always going to classify you as agitated [01:40:03.840 --> 01:40:12.160] and they're going to take whatever you say as a threat so I suggest that people don't give fair [01:40:12.160 --> 01:40:21.520] warning bushwhack is so much better and it's more elegant I go before a public official I [01:40:21.520 --> 01:40:27.520] ask them to do something that I know they're not going to want to do I go to a judge and say judge [01:40:27.520 --> 01:40:36.240] I need you to issue a warrant to have the chief of police arrest it oh well mr kelton uh you [01:40:36.240 --> 01:40:43.760] really need to take your complaint to the sheriff's department oh wow well thank you very much your [01:40:43.760 --> 01:40:51.360] honor I appreciate that sage legal advice and I go away and then I go to the next higher judge [01:40:51.360 --> 01:40:59.600] and ask the next higher judge to arrest that first one because he didn't do his duty and the only [01:40:59.600 --> 01:41:05.440] way the judge is going to find out that I got a problem with him is when he gets a call from a [01:41:05.440 --> 01:41:14.960] higher level judge saying why is this guy in here trying to get me arrested and we will have the [01:41:14.960 --> 01:41:24.480] judge's attention because he will not have seen that coming with that said you really don't want [01:41:24.480 --> 01:41:33.600] the judge arrested but you do want the judge to understand that it's not his courtroom it's yours [01:41:33.600 --> 01:41:43.760] the judge it doesn't work for the people this is not a democracy this is a democratic republic [01:41:45.040 --> 01:41:51.840] the judge works for the individual when I work walk into a courthouse [01:41:52.800 --> 01:42:00.720] everybody works for me and they are not to forget it and if I'm the head the head of a [01:42:00.720 --> 01:42:08.640] large corporation and I come into the the office and I see the guy in the mailroom in there snort [01:42:08.640 --> 01:42:20.000] and coke I won't go to the guy in the mailroom because I'm not his supervisor I go to the guy [01:42:20.000 --> 01:42:28.240] under me and say what is your problem can't you control your people and the vice the president [01:42:28.240 --> 01:42:32.960] or the vice president under me he's going to go to the head of that section and he's going to [01:42:33.520 --> 01:42:40.080] crawl down his throat because his boss was crawling down his throat and it's going to [01:42:40.720 --> 01:42:45.680] filter down to the guy at the bottom but time it gets to the guy in the bottom he's in big trouble [01:42:47.120 --> 01:42:52.720] I learned this in the military they said it rolls downhill and it certainly does [01:42:52.720 --> 01:43:01.920] and your advantage and the best thing your son could understand is is that he's the master of [01:43:01.920 --> 01:43:09.120] all these people when I was on a military base you know if a general was coming to the base [01:43:09.120 --> 01:43:13.920] we had to go out and pick up every cigarette butt and cut every blade of grass perfect [01:43:13.920 --> 01:43:20.320] to make the the base look absolutely immaculate because the general was coming it's only one [01:43:20.320 --> 01:43:26.000] person on the base we were more afraid of than the general and that was the civilian [01:43:27.440 --> 01:43:33.600] because the civilian was the one who could walk into the general's office and crawl right down [01:43:33.600 --> 01:43:40.480] his throat and the general had no power over that civilian all the general could do is sit there [01:43:40.480 --> 01:43:45.280] and keep his mouth shut and take whatever the civilian handed out and when the civilian got [01:43:45.280 --> 01:43:54.640] done with the general everybody was in trouble does that make sense christina yes that makes [01:43:54.640 --> 01:44:01.840] sense and while I was thinking about something that I actually do now nutritious food is real [01:44:01.840 --> 01:44:08.160] body armor it builds muscle burns fat improves digestion and feeds the entire body the nutrients [01:44:08.160 --> 01:44:12.960] it needs did you know the u.s. government banned the hemp plant from growing in the united states [01:44:12.960 --> 01:44:17.840] and classified it as a schedule one drug to hide it behind the marijuana plant people have been [01:44:17.840 --> 01:44:23.680] confused about this plan for over 80 years and many still don't know what hemp is so now you [01:44:23.680 --> 01:44:29.200] know hemp is not marijuana 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lawyer know what you should do for yourself thousands have won with our step by step course [01:45:26.640 --> 01:45:33.360] and now you can too jurisdictionary was created by a licensed attorney with 22 years of case [01:45:33.360 --> 01:45:38.800] winning experience even if you're not in a lawsuit you can learn what everyone should [01:45:38.800 --> 01:45:44.560] understand about the principles and practices that control our american courts you'll receive [01:45:44.560 --> 01:45:53.200] our audio classroom video seminar tutorials forms for civil cases prosa tactics and much more please [01:45:53.200 --> 01:46:11.120] visit rule of law radio dot com and click on the banner or call toll-free 866 law easy [01:46:23.200 --> 01:46:32.320] okay we are back randy kelton rule of law radio and i am absolutely consistent tonight [01:46:32.880 --> 01:46:38.960] i have ran off the cliff at the end of every segment okay christina you were talking when [01:46:38.960 --> 01:46:48.240] we fell off the cliff there yes i was listening um ostensibly as to what you were um saying [01:46:48.240 --> 01:46:57.200] and everything makes sense now i really wonder if we can still have a chance to do this right [01:46:57.200 --> 01:47:05.440] because what i haven't told you yet is um we actually spent a certified um letter to [01:47:06.560 --> 01:47:12.800] the school board officials and uh we informed them of what happened and we wanted to have [01:47:12.800 --> 01:47:22.720] clarifications on that and i don't know if we actually gave out say the notice that you were [01:47:22.720 --> 01:47:32.160] talking about that we should not tell anything okay your that letter where you asked for [01:47:32.160 --> 01:47:40.320] clarification would not amount to a tort letter right a tort letter you have to notice them that [01:47:40.320 --> 01:47:49.920] you have been harmed and give them opportunity to make you whole so we tend to do that by saying [01:47:49.920 --> 01:47:56.320] i was harmed and i was harmed in this amount make me wholly be cured everybody be sued [01:47:58.400 --> 01:48:05.760] and that's giving them tort notice there is another thing you can do did the school board [01:48:05.760 --> 01:48:17.920] clarify your issue no good in texas and it's probably similar in indiana if i go down to [01:48:17.920 --> 01:48:24.880] the district court and i file a civil suit it'll cost me about between two fifty three hundred [01:48:24.880 --> 01:48:34.640] dollars however most every state has a declaratory judgment law and the purpose of a declaratory [01:48:34.640 --> 01:48:43.920] judgment law is to ask the court to declare the rights of the parties it it uh does not include [01:48:43.920 --> 01:48:50.240] any harm you know i help people with foreclosure issues and the first thing you look at in foreclosure [01:48:50.240 --> 01:48:59.520] is what's filed in the public record the only person who has standing to raise a claim against [01:48:59.520 --> 01:49:08.320] property must be the person named in the public record so the way the banks have been handling [01:49:09.280 --> 01:49:15.840] the mortgages is almost always the one trying to do the foreclosure is not the one named in [01:49:15.840 --> 01:49:21.440] the public record so i file a declaratory judgment suit i want the court to declare the [01:49:21.440 --> 01:49:30.960] rights of the parties i'm not asking for any harm at all and i say here is 13 001 or in california [01:49:30.960 --> 01:49:39.600] would be 12 12 14 every state has a statute that says any claim against real property not properly [01:49:39.600 --> 01:49:45.600] acknowledged or proven and filed in the record is void is to the holder and ask the court to say [01:49:45.600 --> 01:49:51.760] this guy over here is trying to foreclose but he's not named in the public record over here [01:49:51.760 --> 01:50:01.040] as a holder so i want the court to say that this person has no standing to enforce a claim [01:50:01.040 --> 01:50:10.560] against real property under 13.001 so you're not asking the judge to to assign any blame or [01:50:10.560 --> 01:50:16.240] or grant harm against someone you're just asking him to apply the facts to the law [01:50:17.760 --> 01:50:27.520] and in texas that cost you 15 bucks and you drag them in front of the district court so if the [01:50:27.520 --> 01:50:35.280] school board didn't bother to address this issue for you you might look at a declaratory judgment [01:50:35.280 --> 01:50:46.160] suit and ask the district court to to rule on whether or not a principal has the right [01:50:47.200 --> 01:50:56.000] to hold a child after school and if so under what conditions does a principal have a right to [01:50:56.000 --> 01:51:04.880] to arrest a child arrest his freedom of movement and seize him for fourth for fifth amendment [01:51:04.880 --> 01:51:13.760] fourth amendment rights and ask the court to rule when losers draw they are never gonna [01:51:13.760 --> 01:51:20.160] want to go there with you again and that would be a great teaching tool for your son [01:51:20.160 --> 01:51:27.680] the one thing you would find out you know generally your kids they deal with principles [01:51:27.680 --> 01:51:34.560] and teachers and they they deal with the local police and they deal with traffic courts and [01:51:34.560 --> 01:51:41.920] those courts are arrogant dismissive they pay no attention to any law and it gives the kids [01:51:42.480 --> 01:51:47.280] the impression that they're totally subject to whatever these public officials do [01:51:47.280 --> 01:51:55.760] you put your son in front of a district judge he'll be the highest level judge that practices in [01:51:55.760 --> 01:52:03.920] the county you get in front of those guys these guys are pros and they don't do all this arrogant [01:52:03.920 --> 01:52:11.040] garbage the lower courts do they treat litigants there with the dignity and respect a person ought [01:52:11.040 --> 01:52:18.240] to be treated with and this would give your son exposure to a higher level courts and they'll [01:52:18.240 --> 01:52:27.200] demonstrate to your son how it really should work children need to understand they have remedy [01:52:30.000 --> 01:52:36.240] bad things are going to happen public officials administer the courts they administer the entire [01:52:36.240 --> 01:52:42.800] system and they're flawed not intentionally necessarily they just do things the way that [01:52:42.800 --> 01:52:48.640] works best for them and the kids need to understand there is a remedy around and [01:52:49.200 --> 01:52:54.480] you get them exposed to a high level judge the high level judge will treat them with dignity and [01:52:54.480 --> 01:53:03.440] respect especially if a child comes before them with a valid and reasonable argument they will [01:53:03.440 --> 01:53:11.120] be treated treated with the utmost respect it'll give you it'll rejuvenate their confidence in the [01:53:11.120 --> 01:53:19.360] system it doesn't it doesn't matter how young the child is uh or doesn't matter because he's seven [01:53:19.360 --> 01:53:28.240] he's seven years old that would no it doesn't matter there's nothing I find in law that restricts [01:53:28.240 --> 01:53:36.960] my rights to an age limit now there are things in law that are reasonable and one that goes to [01:53:38.320 --> 01:53:48.720] false imprisonment and they're kidnapping there is a special exception to kidnapping and that the [01:53:48.720 --> 01:53:59.760] child is under generally the age of 16 and that you took possession of the child as a legal guardian [01:54:00.480 --> 01:54:08.320] and for the purpose of protecting the child doesn't include for the purpose of forcing the [01:54:08.320 --> 01:54:15.920] parent come down have a meeting with me so the child has this right this is not your right as the [01:54:15.920 --> 01:54:23.760] parent this is the child's right so you could file this it would be called an in-rim action [01:54:25.520 --> 01:54:34.000] they're generally titled in for the benefit of so the child is actually named as the pointer [01:54:34.880 --> 01:54:42.480] you would file the the suit as the parent or guardian but you'd file it for the benefit of [01:54:42.480 --> 01:54:49.040] the child and seventh grade well that would be wonderful oh wait did you say seventh grade or [01:54:49.040 --> 01:54:56.000] seven years old no he's seven years old second grade okay then he wouldn't understand all this [01:55:00.000 --> 01:55:05.840] youth youth he's he's a little too young to wrap his head around all this and to have him [01:55:05.840 --> 01:55:14.240] held by the principle this way just to meet we have him taken out of line in front of all [01:55:14.240 --> 01:55:21.040] of his friends when he didn't necessarily do anything to deserve it child's going to feel betrayed [01:55:22.400 --> 01:55:29.840] right and that that is not acceptable my son they wanted to hold him back in the first grade [01:55:29.840 --> 01:55:38.320] because he he was scatterbrained and I asked the teacher did he pass all his subjects and she said [01:55:38.320 --> 01:55:42.480] well yes but we're afraid that if he gets in the second grade he won't be able to keep up [01:55:43.600 --> 01:55:50.400] and I told him we'll deal with that in the second grade but right now he if he has passed all his [01:55:50.400 --> 01:55:59.520] subjects you owe it to him to promote him if you don't he will feel horribly betrayed and you will [01:55:59.520 --> 01:56:09.840] damage his trust in the system from now on so that will not happen he eventually graduated from [01:56:09.840 --> 01:56:18.000] college top three percent in the nation had she held him back in the first grade it would have [01:56:18.000 --> 01:56:27.360] destroyed his self-esteem and at that at that age self-esteem is is crucial and it's hard for these [01:56:27.360 --> 01:56:34.640] children to develop self-esteem and we cannot let our public officials destroy that we just cannot [01:56:36.480 --> 01:56:44.960] yes I agree and that is what actually has been half of these for the past two school years like [01:56:44.960 --> 01:56:57.600] first grade and second grade we've been just in an up-and-down roller coaster for this school and [01:56:57.600 --> 01:57:03.920] the principal is controlling everyone and everything and she actually had an agenda to [01:57:04.960 --> 01:57:12.480] have our son tested psychologically as well and at that point we were like no you can't [01:57:12.480 --> 01:57:17.760] push this on us we are not going to do that because we know our son doesn't have any problems [01:57:18.400 --> 01:57:25.200] and doesn't have any mental problems he is energetic he he likes to be happy he's very [01:57:25.200 --> 01:57:31.760] talkative but you know I mean he doesn't have anything that would make a thing that [01:57:31.760 --> 01:57:35.680] he needs to be tested but she was pushing and pushing and pushing all these things [01:57:35.680 --> 01:57:44.240] on us so we we just were not secure we weren't we did not feel that he was secure in that [01:57:44.240 --> 01:57:53.120] environment any longer he was sent several times to the office he was recruited by dad [01:57:54.080 --> 01:58:03.760] you know we just really couldn't go on so that was why the only option was homeschooling him [01:58:03.760 --> 01:58:10.400] at this time in the school year so we have so many things we actually [01:58:12.800 --> 01:58:17.680] are seeking for more and more advice I don't know how much time I'm so allowed [01:58:19.360 --> 01:58:25.200] well I do need to move along but we do have a show every Thursday and Friday night I have a whole [01:58:25.200 --> 01:58:26.240] board full of callers [01:58:26.240 --> 01:58:34.000] the call back next week after you've had time to think about what we've talked about [01:58:35.120 --> 01:58:38.320] and you'll probably have some more directed questions [01:58:39.920 --> 01:58:46.960] thank you so much for your time and kindness and helpfulness on this matter and really helped [01:58:46.960 --> 01:58:49.360] a lot and I will get back yes I will [01:58:50.240 --> 01:58:55.840] the bible remains the most popular book in the world yet countless readers are frustrated [01:58:55.840 --> 01:59:01.840] because they struggle to understand it some new translations try to help by simplifying the text [01:59:01.840 --> 01:59:06.000] but in the process can compromise the profound meaning of the scripture [01:59:06.880 --> 01:59:13.360] enter the recovery version first this new translation is extremely faithful and accurate [01:59:13.360 --> 01:59:20.080] but the real story is the more than 9 000 explanatory footnotes difficult and profound passages [01:59:20.080 --> 01:59:25.440] are opened up in a marvelous way providing an entrance into the riches of the word beyond [01:59:25.440 --> 01:59:31.120] which you've ever experienced before bibles for america would like to give you 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