[00:00.000 --> 00:07.920]  The following news flash is brought to you by the Lowstar Lowdowns.
[00:07.920 --> 00:15.880]  Markets for Monday, the 8th of January, 2018, opened with gold at $1,320.02, silver $17.20,
[00:15.880 --> 00:26.560]  Texas Crude $61.44 of barrel, Bitcoin $16,028.30, while Bitcoin cashed at $2,757.56, finally
[00:26.560 --> 00:31.960]  dashed coins at $1,284.36, a crypto coin.
[00:31.960 --> 00:40.680]  Today in History, the year 1835, the United States government national debt is zero for
[00:40.680 --> 00:45.240]  the first time and presumably only time in the government's existence.
[00:45.240 --> 00:50.440]  Zero government debt, today in history.
[00:50.440 --> 00:54.320]  In recent news, the President will undergo a two-hour physical exam which will include
[00:54.320 --> 00:58.480]  urine blood analysis, cardiac evaluation, and some more personal prying with sleeping
[00:58.480 --> 01:02.880]  habits and even his romantic life being discussed with the multi-administration presidential
[01:02.880 --> 01:03.880]  physician.
[01:03.880 --> 01:08.120]  It seems the President may be wanting to later rest the recent lineup of criticisms, questioning
[01:08.120 --> 01:11.960]  his mental health and stability, apparently some of the President's more recent tweets
[01:11.960 --> 01:16.800]  directed towards North Korea's Kim Jong Un and the author of the book Fire and Fury,
[01:16.800 --> 01:20.880]  Michael Wolfe, has many thinking that the President should perhaps be more articulate
[01:20.880 --> 01:25.880]  and less rash with his tweets.
[01:25.880 --> 01:29.920]  The U.S. District Court Judge Gloria Namvaro dismissed cases against Nevada Rancher Clive
[01:29.920 --> 01:33.680]  and Bundy, two sons and a Montana militiaman today.
[01:33.680 --> 01:37.840]  Judge ruled that the government's lawyers suppressed footage from several cameras that
[01:37.840 --> 01:42.080]  were set up by the FBI around the Bundy's family home that would have been favorable
[01:42.080 --> 01:46.880]  in the defendant's case when Mr. Bundy was released today Monday after leaving the courthouse.
[01:46.880 --> 01:50.880]  He told reporters that I've been a political prisoner for 700 days.
[01:50.880 --> 01:54.880]  He hadn't seen his wife for nearly two years due to the fact that he had refused any conditional
[01:54.880 --> 02:01.200]  release, which required him to forfeit his trial by jury rights.
[02:01.200 --> 02:05.560]  Former Google engineer James Damore filed a class action lawsuit against the Alphabet
[02:05.560 --> 02:10.320]  Corporation on Monday, claiming that it discriminates against white men and those with conservative
[02:10.320 --> 02:11.640]  leaning views.
[02:11.640 --> 02:16.000]  Damore was terminated for dismantling a memo, essentially questioning the company's diversity
[02:16.000 --> 02:17.000]  policies.
[02:17.000 --> 02:21.200]  The suit is basically arguing that Google employees who express views deviating from
[02:21.200 --> 02:27.440]  corporate sentiments on politics and practices like diversity hiring policies by a sensitivity
[02:27.440 --> 02:33.160]  and social justice were singled out, mistreated, and systematically punished and terminated
[02:33.160 --> 02:34.160]  from Google.
[02:34.160 --> 02:38.280]  Google spokesman Tasha Parr sent a response that we look forward to defending against
[02:38.280 --> 02:40.800]  Mr. Damore's lawsuit in court.
[02:40.800 --> 02:46.800]  If you'd like to help out the Lone Star Lowdown with some reporting or advertising, feel free
[02:46.800 --> 02:50.800]  to give me call it 210-363-28257.
[02:50.800 --> 03:18.800]  This was First Lone with your Lowdown for January 8, 2018.
[03:18.800 --> 03:27.480]  Okay, howdy, howdy, this is Randy Kelton, rule of law radio on this Friday, the 12th
[03:27.480 --> 03:33.080]  day of January, 2018.
[03:33.080 --> 03:37.400]  And I have the phone lines open, we'll keep them open all night, we'll be taking your
[03:37.400 --> 03:38.400]  calls.
[03:38.400 --> 03:45.840]  So, if you have a question or comment, give us a call, 512-646-1984.
[03:45.840 --> 03:53.800]  And let me start out by talking about the litigation engine that I'm finally in the
[03:53.800 --> 03:57.360]  process of implementing.
[03:57.360 --> 04:05.440]  I have the software working, finally after 10 years.
[04:05.440 --> 04:12.880]  But once I got the software working, then it was my job to add in content.
[04:12.880 --> 04:21.880]  And creating the content has been an evolutionary process.
[04:21.880 --> 04:33.440]  The creating the content is teaching me some surprising ways of going about analyzing legal
[04:33.440 --> 04:36.640]  issues.
[04:36.640 --> 04:41.920]  It's making the software, making the whole process much better.
[04:41.920 --> 04:49.040]  And it's a struggle getting all the documents and getting the questionnaires in a way that
[04:49.040 --> 04:58.200]  are consistent, are congruent, and are not overlapping, which has turned out to be one
[04:58.200 --> 05:01.920]  of the most difficult parts of creating this.
[05:01.920 --> 05:10.800]  But by the end of this week, I hope to have the traffic site as a beta site up and working
[05:10.800 --> 05:18.080]  so that right now you can go into the traffic site, put in your traffic and your ticket
[05:18.080 --> 05:25.920]  information, and as soon as you submit, it will take you to a page where you can download
[05:25.920 --> 05:26.920]  the documentation.
[05:26.920 --> 05:35.680]  Anyone who used the site prior to this, they had to submit all the documentation and then
[05:35.680 --> 05:41.320]  I had to take all the documents, all the information and merge it into a bunch of documents and
[05:41.320 --> 05:48.200]  then send it to them, which was a time-consuming pain in the neck.
[05:48.200 --> 05:52.280]  But we've got that taken care of, so the database handles all of it.
[05:52.280 --> 06:03.440]  What I'm doing now is taking the responses people are having, the actions that the courts
[06:03.440 --> 06:10.880]  are taking on this documentation, and writing a set of questionnaires to develop methods
[06:10.880 --> 06:17.640]  of dealing with all of the things the courts are doing.
[06:17.640 --> 06:23.280]  This will be an ongoing evolutionary process, but in the beginning here, we will have all
[06:23.280 --> 06:30.160]  of the basic things that they do and each time you deal with them, we hope to have a
[06:30.160 --> 06:35.040]  questionnaire for most everything that happens, and as you go through the questionnaire, it
[06:35.040 --> 06:43.800]  will start generating response documents that respond to what these guys are doing.
[06:43.800 --> 06:48.040]  And when you go into court and they pull their shenanigans and the next day you start dumping
[06:48.040 --> 06:51.840]  documents on them, it's going to drive them to zerk.
[06:51.840 --> 06:58.120]  Okay, we have a couple of callers, so we'll go start out by going to Mark in Wisconsin.
[06:58.120 --> 07:00.360]  Hello Mark.
[07:00.360 --> 07:02.680]  Hello Mr. Kilton.
[07:02.680 --> 07:04.520]  Good to hear from you.
[07:04.520 --> 07:10.520]  And last night Mark was on, he was talking about getting into the federal court.
[07:10.520 --> 07:14.880]  So have you thought about how to get that done?
[07:14.880 --> 07:21.320]  Well, I've spent a bit of time looking at the, so you want to go to federal court and
[07:21.320 --> 07:29.280]  here is the penalties when we decide that it was improperly dragged to the federal court.
[07:29.280 --> 07:36.120]  And last night when we were chatting, you made it sound like it would be in my enlightened
[07:36.120 --> 07:44.760]  best interest to keep playing in the kiddie pool to possibly not step on various tender
[07:44.760 --> 07:48.400]  portions of my own body with cleats.
[07:48.400 --> 07:56.960]  So I've been spending a little more time looking at the issues in the case and Wisconsin's
[07:56.960 --> 08:04.760]  got an electronic record section with the following phrase that pays, if a sender inhibits
[08:04.760 --> 08:10.280]  the ability of a recipient to store or print an electronic record, the electronic record
[08:10.280 --> 08:14.480]  is not enforceable against the recipient.
[08:14.480 --> 08:19.720]  In asking for a copy of the contract from this credit card company, they have said
[08:19.720 --> 08:26.760]  it was taken over the phone or internet and thus we do not have a paper application file
[08:26.760 --> 08:32.480]  to send you, but the follow-up letter was gold.
[08:32.480 --> 08:38.080]  This was done with an online application, semicolon, therefore comma, a copy of the
[08:38.080 --> 08:40.080]  application cannot be provided.
[08:40.080 --> 08:45.160]  How do we turn square corpus if they can't go ahead and provide?
[08:45.160 --> 08:50.560]  Wait a minute, that sounds like a non sequitur.
[08:50.560 --> 08:58.760]  It was created electronically, therefore we cannot provide an electronic copy.
[08:58.760 --> 09:01.160]  One does not follow from the other.
[09:01.160 --> 09:06.880]  Well, a copy of the application cannot be provided, period, whether it's electronic
[09:06.880 --> 09:07.880]  or printout.
[09:07.880 --> 09:16.760]  Yes, it doesn't follow because all we know about electronics is whatever they input
[09:16.760 --> 09:20.920]  is always in the system.
[09:20.920 --> 09:28.400]  One would think, but they have been requested multiple times to produce the contract.
[09:28.400 --> 09:35.800]  They never have produced the contract and the judge, I did manage to get the judge,
[09:35.800 --> 09:44.040]  the only thing he let me get was a compelled discovery and the judge explicitly said, if
[09:44.040 --> 09:48.480]  they don't have the record and they can't produce the contract, they can't produce
[09:48.480 --> 09:49.480]  it.
[09:49.480 --> 09:57.640]  Are you okay with the judge telegraphing to them, you better have that, maybe, but there's
[09:57.640 --> 10:02.400]  no case law on if the sender inhibits the ability of a recipient to store a print and
[10:02.400 --> 10:05.840]  electronic record, the electronic record is not enforceable.
[10:05.840 --> 10:10.200]  You think I got the basis here of making case law?
[10:10.200 --> 10:11.680]  I think so.
[10:11.680 --> 10:19.560]  They're saying that they have it in an electronic record, but they're saying that because we
[10:19.560 --> 10:23.160]  have it in an electronic record, it can't be printed.
[10:23.160 --> 10:25.440]  Well, that don't make sense.
[10:25.440 --> 10:35.760]  But the law or the statute says, if you can't do that, then it's not enforceable.
[10:35.760 --> 10:52.400]  The other thing is, does the law require them to do something which they cannot do?
[10:52.400 --> 10:59.320]  I would say that that statement that they made requires some serious explanation.
[10:59.320 --> 11:00.320]  Yeah.
[11:00.320 --> 11:04.280]  Because they're going to say to the court, well, we can't print it.
[11:04.280 --> 11:07.600]  You're ordering us to do something that we can't possibly do.
[11:07.600 --> 11:14.000]  And you're going to say, well, show me how it's not possible for you to print it.
[11:14.000 --> 11:20.200]  If you can't print it, can you look at it in an electronic format and take a picture
[11:20.200 --> 11:24.520]  of it and send me the picture?
[11:24.520 --> 11:27.040]  Well, more to the point.
[11:27.040 --> 11:34.120]  They were able to print out invoices and documentation from 2005 to 2016 on the account.
[11:34.120 --> 11:36.360]  They have a statute.
[11:36.360 --> 11:40.000]  Based on a contract they can't read.
[11:40.000 --> 11:41.000]  Right.
[11:41.000 --> 11:42.000]  Right.
[11:42.000 --> 11:46.760]  And who certified these documents?
[11:46.760 --> 11:51.080]  Oh, well, that was the butte.
[11:51.080 --> 11:59.840]  The attorney who I'm now dubbed the truth wizard, as in he's some kind of truth wizard, he says,
[11:59.840 --> 12:02.040]  I have these documents.
[12:02.040 --> 12:05.240]  They were produced in the form of business.
[12:05.240 --> 12:11.320]  And because they're paper documents or electronic documents, and I've looked at them, I verify
[12:11.320 --> 12:14.560]  that they are true, accurate, and complete.
[12:14.560 --> 12:15.560]  Oh.
[12:15.560 --> 12:19.600]  So he has looked at them.
[12:19.600 --> 12:24.520]  He has looked at them and I went ahead and challenged that.
[12:24.520 --> 12:28.480]  And the judge went, nope, I'm not going to throw this attorney out because he's went
[12:28.480 --> 12:30.480]  ahead and said this stuff.
[12:30.480 --> 12:35.680]  These documents are going to be considered true, accurate, and complete.
[12:35.680 --> 12:36.680]  Okay.
[12:36.680 --> 12:40.120]  I can roll with that.
[12:40.120 --> 12:48.480]  Now let me see that document so I can see if he left something out.
[12:48.480 --> 12:51.760]  But you've got the law that says he has to produce it and if he can't, he can't enforce
[12:51.760 --> 12:52.760]  it.
[12:52.760 --> 12:53.760]  Right.
[12:53.760 --> 13:02.680]  And no case law, my guess is nobody goes digging around in 137.16.
[13:02.680 --> 13:07.000]  This might be an interesting question to bring to the judge.
[13:07.000 --> 13:11.040]  Yep, that's my plan.
[13:11.040 --> 13:12.480]  That's my plan.
[13:12.480 --> 13:18.480]  And on a sad note, the court actually listened to me and did something but didn't tell me
[13:18.480 --> 13:19.880]  about it.
[13:19.880 --> 13:27.840]  I was asking for the CEO of a law firm to be removed as the supplementary judge and they
[13:27.840 --> 13:30.720]  went ahead and did it.
[13:30.720 --> 13:32.720]  Oh, interesting.
[13:32.720 --> 13:33.720]  Yes.
[13:33.720 --> 13:34.720]  Yeah.
[13:34.720 --> 13:40.960]  Okay, so I can't go as a respondent superior CEO, et cetera, but they're big enough law
[13:40.960 --> 13:41.960]  firm.
[13:41.960 --> 13:47.280]  We have two different employees who are supplementary judges.
[13:47.280 --> 13:50.360]  One of them is a shareholder, the other is not.
[13:50.360 --> 13:56.080]  I believe I can ask the shareholder as a respondent superior for the firm.
[13:56.080 --> 13:58.440]  I believe I can ask him to be removed now too.
[13:58.440 --> 14:02.520]  I think I'm going to try.
[14:02.520 --> 14:07.400]  And did these guys send you a Christmas card this year?
[14:07.400 --> 14:19.880]  Oh, they're going to send me a Christmas card later, given to remind those and jog your
[14:19.880 --> 14:22.360]  memory, Mr. Kelton.
[14:22.360 --> 14:29.080]  They sent me at some point in affidavit where they, in the affidavit they said the guy,
[14:29.080 --> 14:34.960]  our client has never been the owner and isn't the owner of this business.
[14:34.960 --> 14:38.080]  And it was signed by one of the attorneys at the bottom.
[14:38.080 --> 14:42.360]  Now when I first brought this up, I looked at the document and noted the cloud of dots
[14:42.360 --> 14:47.640]  of the signature and all of that and said, man, it looks forged.
[14:47.640 --> 14:51.920]  And I never really said it was forged, came close, never said it.
[14:51.920 --> 14:56.280]  So I wouldn't look the fool and everything moved forward.
[14:56.280 --> 15:01.640]  Well, time moves on as it always does and eventually you end up with the gentleman who
[15:01.640 --> 15:06.040]  said that he's not the owner of the business's computers out of bankruptcy court because
[15:06.040 --> 15:10.680]  you bought them off the people in such in the bankruptcy court.
[15:10.680 --> 15:16.800]  And you go through those computers and what you find is an email to the attorney that
[15:16.800 --> 15:24.800]  signed the witness that I hear, do by hear swear that I'm not the owner, I've never
[15:24.800 --> 15:26.360]  been the owner.
[15:26.360 --> 15:30.480]  The email says you've known me since 1992.
[15:30.480 --> 15:35.400]  I've been the owner and my daughter's been the owner and then proceeds to make a bunch
[15:35.400 --> 15:37.400]  of other claims.
[15:37.400 --> 15:43.480]  So I'm just kind of spitballing.
[15:43.480 --> 15:51.160]  How is it that an attorney who's honest can witness somebody signing a document in 2012
[15:51.160 --> 15:54.600]  that says I'm not the owner and have never been the owner?
[15:54.600 --> 16:01.120]  If you've known from 1992 that he's always been the owner and then your law firm goes
[16:01.120 --> 16:07.840]  ahead and starts creating legal documents and reviewing the case but, you know, do it on
[16:07.840 --> 16:11.280]  the slide because you really don't want to get in trouble with the judge.
[16:11.280 --> 16:16.920]  I'm just wondering how you turn square corners on that and if that's finally risen to the
[16:16.920 --> 16:24.920]  level of the F word fraud, which Mr. Sedwick would tell us never to use.
[16:24.920 --> 16:27.800]  Yes, false and misleading.
[16:27.800 --> 16:32.160]  He's probably looking down on you right now.
[16:32.160 --> 16:36.200]  I hope he's looking down and going, no, no, you, you, you know, you got fraud there.
[16:36.200 --> 16:37.200]  Go nuts, man.
[16:37.200 --> 16:40.200]  And we got a break.
[16:40.200 --> 16:41.200]  I.
[16:41.200 --> 16:42.200]  Okay.
[16:42.200 --> 16:43.200]  Hang on.
[16:43.200 --> 16:52.920]  We'll be right back, Randy Kelton, Voodoo Law Radio, our call in number 512-646-1984.
[16:52.920 --> 16:54.920]  We'll be right back.
[16:54.920 --> 16:56.920]  Dang, Cookie.
[16:56.920 --> 16:57.920]  Cookie?
[16:57.920 --> 16:59.920]  Me love cookies.
[16:59.920 --> 17:01.920]  Oh, hi, Cookie Munchers.
[17:01.920 --> 17:03.920]  No, these are yucky cookies.
[17:03.920 --> 17:04.920]  Cookie?
[17:04.920 --> 17:05.920]  Yucky?
[17:05.920 --> 17:06.920]  No, no bad cookies.
[17:06.920 --> 17:07.920]  You can't even eat these cookies.
[17:07.920 --> 17:08.920]  These are cyber cookies.
[17:08.920 --> 17:09.920]  No candy.
[17:09.920 --> 17:13.400]  No, they are cyber cookies and they clog up your computer.
[17:13.400 --> 17:14.400]  These have apples.
[17:14.400 --> 17:15.400]  Really?
[17:15.400 --> 17:17.400]  Oh, that's an actual apple.
[17:17.400 --> 17:18.400]  Yummy apple.
[17:18.400 --> 17:23.240]  I'm going to throw away these yucky cookies in the trash.
[17:23.240 --> 17:29.240]  I click control, shift, delete, and then scroll down to cookies and clear them.
[17:29.240 --> 17:31.240]  Bye bye, yucky cookies.
[17:31.240 --> 17:36.800]  Now, I go to logosradionetwork.com and I click on the Amazon box in the upper right
[17:36.800 --> 17:41.800]  hand side, bookmark the link, and I can go to Amazon through this link and order you
[17:41.800 --> 17:43.800]  some yummy new cookie.
[17:43.800 --> 17:44.800]  New cookies?
[17:44.800 --> 17:45.800]  For me?
[17:45.800 --> 17:47.800]  Consider it an early Christmas present.
[17:47.800 --> 17:52.800]  And every time I order on Amazon, I go through this link and I give a little present to this
[17:52.800 --> 17:53.800]  radio network too.
[17:53.800 --> 17:54.800]  These are cookies.
[17:54.800 --> 17:56.800]  These are classified.
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[19:27.800 --> 19:30.800]  All right.
[19:30.800 --> 19:35.800]  Where are you now in the overall adjudication of this case?
[19:35.800 --> 19:40.800]  Well, we're coming up on the first evidentiary hearing.
[19:40.800 --> 19:49.800]  The one judge has, and I'm going to be moving to sanction and disqualify the judge.
[19:49.800 --> 19:51.800]  Plus, I'm going to file a civil...
[19:51.800 --> 19:55.800]  I've got to send him a note saying I'm filing a civil lawsuit against him.
[19:55.800 --> 20:00.800]  And then send a different note to the county to say I'm filing a...
[20:00.800 --> 20:06.800]  to the county that I'll be filing a federal civil rights complaint against him.
[20:06.800 --> 20:10.800]  Because in the case, he was...
[20:10.800 --> 20:19.800]  he asked to hear arguments about the issues and I said, well, I have this counterclaim.
[20:19.800 --> 20:24.800]  And the attorney said, well, we don't want to have the counterclaim happen
[20:24.800 --> 20:30.800]  because our insurance rates will go up, at which point the judge...
[20:30.800 --> 20:35.800]  we talked a little bit more and the judge says, well, having heard the sides,
[20:35.800 --> 20:40.800]  I'm going to convert the counterclaim into a affirmative defense.
[20:40.800 --> 20:50.800]  And from my way of hearing it, he violated Wisconsin's Official Oppression Equivalent Act
[20:50.800 --> 21:00.800]  by giving the attorney a pecuniary advantage by not having his insurance rates go up.
[21:00.800 --> 21:06.800]  And I'm also going to call the attorney the...
[21:06.800 --> 21:09.800]  and I refer to him quite regularly as officer of the court.
[21:09.800 --> 21:15.800]  And as an officer of the court, that means that the judge was protecting a public official.
[21:15.800 --> 21:19.800]  This is where I'm going to go with it.
[21:19.800 --> 21:24.800]  The only other little tidbit in this whole thing is the bank puts forward...
[21:24.800 --> 21:31.800]  this part of this case revolves around those little credit or paper checks that they send you in the mail.
[21:31.800 --> 21:40.800]  And the paper check that they sent in the mail, it has a statement at the end of it
[21:40.800 --> 21:47.800]  that we reserve the right to not honor these checks.
[21:47.800 --> 21:54.800]  And one of the reasons they give for not honoring the checks is your account is delinquent, over limit,
[21:54.800 --> 21:58.800]  charged off or closed.
[21:58.800 --> 22:00.800]  Okay, how does that work?
[22:00.800 --> 22:08.800]  We may...your request may be denied if the account is closed.
[22:08.800 --> 22:14.800]  Well, how the heck is that supposed to work?
[22:14.800 --> 22:25.800]  If the judge or if the check is sent on a closed account, they're supposed to honor it?
[22:25.800 --> 22:31.800]  Why would we even have that phrasing there for a closed account?
[22:31.800 --> 22:35.800]  We may decide to not honor the check.
[22:35.800 --> 22:39.800]  That would indicate to me that there's a chance that it would be honored.
[22:39.800 --> 22:42.800]  Then what?
[22:42.800 --> 22:45.800]  I'm not sure what the legal point of that is.
[22:45.800 --> 22:53.800]  Well, if you're sending out unsolicited credit or a credit to a closed account,
[22:53.800 --> 22:57.800]  you've got a potential teagle violation there.
[22:57.800 --> 23:01.800]  Oh, okay, that's the point of that.
[23:01.800 --> 23:04.800]  Yeah.
[23:04.800 --> 23:10.800]  So were these checks that were supposedly endorsed and cashed,
[23:10.800 --> 23:13.800]  just sent them out and nothing was ever done with it?
[23:13.800 --> 23:17.800]  Oh, no, one of the checks was endorsed and cashed because, of course,
[23:17.800 --> 23:28.800]  if you're going to claim that there was a harm done and then a credit was extended,
[23:28.800 --> 23:33.800]  credit was extended improperly in violation of TILA,
[23:33.800 --> 23:38.800]  if you have the checks, they would just argue, well, the checks were not used.
[23:38.800 --> 23:40.800]  Therefore, we would have rejected them.
[23:40.800 --> 23:41.800]  Therefore, no harm.
[23:41.800 --> 23:43.800]  No harm, no foul, okay.
[23:43.800 --> 23:45.800]  No harm, no foul.
[23:45.800 --> 23:51.800]  You kind of have to go ahead and make sure that the check gets cashed
[23:51.800 --> 23:55.800]  because then they can't say, oh, it was this mistake.
[23:55.800 --> 23:56.800]  Oh, it was an error.
[23:56.800 --> 23:57.800]  Oh, it was this.
[23:57.800 --> 23:59.800]  Oh, it was that.
[23:59.800 --> 24:03.800]  So yeah, one of the checks was cashed.
[24:03.800 --> 24:07.800]  So doesn't that go to entrapment or enticement?
[24:07.800 --> 24:11.800]  Well, entrapment and enticement, you could go there,
[24:11.800 --> 24:14.800]  but you've got a far easier go of it,
[24:14.800 --> 24:22.800]  that the federal law says credit shall not be extended if you didn't ask for it.
[24:22.800 --> 24:30.800]  And then the next statement is this prohibition does not include a chain
[24:30.800 --> 24:33.800]  or an expansion of an existing account.
[24:33.800 --> 24:38.800]  Well, this account was canceled, it was dead for three years,
[24:38.800 --> 24:44.800]  two years with no Regulation Z Schiller box mailings.
[24:44.800 --> 24:52.800]  And the account number, they can provide no evidence when the account number changed.
[24:52.800 --> 24:58.800]  So you've got a contract that they can't print out, that they're basing it on.
[24:58.800 --> 25:04.800]  You've got three years of credit not being used on an account with an account
[25:04.800 --> 25:11.800]  named number change and credit reports that say the account was closed.
[25:11.800 --> 25:18.800]  At a certain point, they've got to get the client.
[25:18.800 --> 25:29.800]  Yeah, a contract they can't produce with an account number they subsequently can't verify
[25:29.800 --> 25:33.800]  and claiming that it changed.
[25:33.800 --> 25:38.800]  Yeah, their verification of the account changes.
[25:38.800 --> 25:45.800]  Here's a sample of the form letter we would have used, which literally says
[25:45.800 --> 25:55.800]  F14 greater than sign 00, less than F12, greater than F12, F13, F14, F3,
[25:55.800 --> 25:58.800]  the next line, attention colon F1.
[25:58.800 --> 26:06.800]  And it's your account ending in F19-4 opened on F19-10.
[26:06.800 --> 26:14.800]  So they sent a form that they would have used to generate the letter, but no letter.
[26:14.800 --> 26:17.800]  Yeah.
[26:17.800 --> 26:19.800]  It should be fun.
[26:19.800 --> 26:22.800]  Yeah, it sounds like they have no idea what's going on.
[26:22.800 --> 26:25.800]  It sounds like they've got, they think they have the courts bought and paid for
[26:25.800 --> 26:30.800]  because they can come to the courts with any trash.
[26:30.800 --> 26:31.800]  Yep.
[26:31.800 --> 26:38.800]  No support and get the courts to award them the money they want.
[26:38.800 --> 26:43.800]  Have you filed the financial disclosure with the judge?
[26:43.800 --> 26:48.800]  I have not filed any financial disclosure with the judge because there's been no judgment
[26:48.800 --> 26:50.800]  and I don't have to at this point.
[26:50.800 --> 26:51.800]  No, no, I'm sorry.
[26:51.800 --> 26:52.800]  I didn't say that wrong.
[26:52.800 --> 26:57.800]  A request for financial disclosure from the judge.
[26:57.800 --> 27:01.800]  I have not gotten those filed yet.
[27:01.800 --> 27:07.800]  I wanted to start, I wanted to start at the bottom and work my way around
[27:07.800 --> 27:13.800]  such that they, they're all shaking their heads and going, what the hell is going on?
[27:13.800 --> 27:15.800]  What the heck is going on?
[27:15.800 --> 27:22.800]  But that's, that's on my list of rebels to rouse.
[27:22.800 --> 27:23.800]  Okay.
[27:23.800 --> 27:25.800]  When you need one, let me know.
[27:25.800 --> 27:28.800]  I'll send you the copy that I've got.
[27:28.800 --> 27:31.800]  I think I've already have that copy already.
[27:31.800 --> 27:38.800]  So that's, because I'd asked you going five deep or something in the relatives
[27:38.800 --> 27:42.800]  when Wisconsin law says only three.
[27:42.800 --> 27:43.800]  So,
[27:43.800 --> 27:46.800]  Yeah, let them raise that issue.
[27:46.800 --> 27:48.800]  Yeah.
[27:48.800 --> 27:51.800]  Let's see what else was there.
[27:51.800 --> 27:57.800]  Oh, and since you do enjoy an occasional philosophical law question,
[27:57.800 --> 28:02.800]  I received an unsolicited pitch from someone who is,
[28:02.800 --> 28:09.800]  has not even graduated high school yet to put in an ATM machine at a place of business.
[28:09.800 --> 28:14.800]  Now there's obviously so many flaws with this whole thing.
[28:14.800 --> 28:19.800]  But if you're under age 18,
[28:19.800 --> 28:26.800]  most states don't explicitly say you can or cannot form a corporation.
[28:26.800 --> 28:29.800]  I would think that being under 17 would,
[28:29.800 --> 28:36.800]  or under 18 would tend to limit your ability to stick an ATM machine any place.
[28:36.800 --> 28:39.800]  Your thoughts?
[28:39.800 --> 28:42.800]  I'm not sure what that goes to.
[28:42.800 --> 28:51.800]  If the 18 year old wants to put in a 17 year old wants to put in a ATM machine
[28:51.800 --> 28:56.800]  or wants you to bring him an ATM machine and put it in.
[28:56.800 --> 29:00.800]  He's the one who, he's the one who claims he owns the ATM machine
[29:00.800 --> 29:06.800]  and he wants to put it in to the business.
[29:06.800 --> 29:10.800]  Somebody else's business.
[29:10.800 --> 29:11.800]  That is odd.
[29:11.800 --> 29:13.800]  Effectively.
[29:13.800 --> 29:17.800]  Is his 17 year old working for another company?
[29:17.800 --> 29:23.800]  This is his own company listed as the registered agent.
[29:23.800 --> 29:25.800]  He says that it's his company.
[29:25.800 --> 29:28.800]  He says they're his ATM machines.
[29:28.800 --> 29:36.800]  And he also makes claims that he's a Bitcoin and cryptocurrency expert
[29:36.800 --> 29:43.800]  and you should of course talk with him about that in addition to the ATM.
[29:43.800 --> 29:46.800]  He sounds enterprising.
[29:46.800 --> 29:47.800]  Yes.
[29:47.800 --> 29:52.800]  And it sounds like we've got a break, so I'll let you get to the other callers.
[29:52.800 --> 29:53.800]  Okay.
[29:53.800 --> 29:54.800]  Thank you, Mark.
[29:54.800 --> 29:57.800]  This is Randy Kelton, Real Law Radio.
[29:57.800 --> 29:59.800]  We'll be right back.
[29:59.800 --> 30:04.800]  An apple a day may keep the doctor away,
[30:04.800 --> 30:09.800]  but did you know there's that candy out there that may help cure a cough and heal an ulcer?
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[31:23.800 --> 31:43.800]  I'm Dr. Catherine Albrecht for startpage.com, the world's most private search engine.
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[32:05.800 --> 32:08.800]  In today's America, we live in an us against them society.
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[33:03.800 --> 33:06.800]  You're listening to the Logos Radio Network
[33:06.800 --> 33:10.800]  at LogosRadioNetwork.com.
[33:10.800 --> 33:13.800]  Okay, we are back.
[33:13.800 --> 33:15.800]  Randy Kelton, Rule of Law Radio,
[33:15.800 --> 33:18.800]  and we're going to Christina in Indiana.
[33:18.800 --> 33:20.800]  Hello, Christina.
[33:20.800 --> 33:22.800]  Hello, Mr. Kelton.
[33:22.800 --> 33:24.800]  Thank you again for taking my phone call.
[33:24.800 --> 33:26.800]  You are welcome.
[33:26.800 --> 33:29.800]  What do you have for us today?
[33:29.800 --> 33:32.800]  Today, I'm going back to the subject
[33:32.800 --> 33:34.800]  that we talked about before.
[33:34.800 --> 33:37.800]  We're going to talk about the rules of law.
[33:37.800 --> 33:41.800]  I'm going back to the subject that we talked about last time
[33:41.800 --> 33:44.800]  and you advised me on.
[33:44.800 --> 33:49.800]  It was about my son being withheld by the principal
[33:49.800 --> 33:55.800]  and then put on a different bus without parental consent.
[33:55.800 --> 33:59.800]  And you advised me that there are three things
[33:59.800 --> 34:03.800]  that as a parent I can help to do.
[34:03.800 --> 34:08.800]  One of them was filing criminal charge for kidnapping.
[34:08.800 --> 34:14.800]  The other one was filing a civil tort for false imprisonment
[34:14.800 --> 34:19.800]  and the third thing was the Decoratory Judgment case.
[34:19.800 --> 34:21.800]  Yes.
[34:21.800 --> 34:29.800]  So now I'm back to ask if possibly any of these
[34:29.800 --> 34:37.800]  would actually turn into something
[34:37.800 --> 34:40.800]  that could come against me.
[34:40.800 --> 34:42.800]  Why I'm talking about myself right now
[34:42.800 --> 34:45.800]  is because I do have a license to teach art
[34:45.800 --> 34:49.800]  and I've been out looking for jobs
[34:49.800 --> 34:56.800]  in a school corporation where my son was.
[34:56.800 --> 35:02.800]  And I want to make sure that I am ready to take a step
[35:02.800 --> 35:07.800]  and file any of these without...
[35:07.800 --> 35:12.800]  Okay, if you file a civil action,
[35:12.800 --> 35:16.800]  it's not supposed to negatively affect you.
[35:16.800 --> 35:20.800]  And in a perfect world it probably wouldn't.
[35:20.800 --> 35:22.800]  But this is not a perfect world
[35:22.800 --> 35:26.800]  and employers will look at a civil suit
[35:26.800 --> 35:32.800]  against a previous employer as a really, really negative sign
[35:32.800 --> 35:37.800]  because the new employer is not going to want to be sued as well.
[35:37.800 --> 35:41.800]  While they shouldn't consider that as a criteria,
[35:41.800 --> 35:48.800]  they almost certainly would.
[35:48.800 --> 35:51.800]  I understand.
[35:51.800 --> 36:01.800]  Would filing criminal charge for kidnapping affect my son
[36:01.800 --> 36:03.800]  being at a different school
[36:03.800 --> 36:07.800]  when I wanted to take him back to school
[36:07.800 --> 36:11.800]  and they're going to be at a different school
[36:11.800 --> 36:13.800]  in the school corporation, same school corporation,
[36:13.800 --> 36:15.800]  but a different school.
[36:15.800 --> 36:20.800]  And I am still out there to find a job
[36:20.800 --> 36:23.800]  and to go ahead and be interviewed
[36:23.800 --> 36:25.800]  and possibly get the job.
[36:25.800 --> 36:27.800]  Well, let me make a suggestion.
[36:27.800 --> 36:29.800]  Get the job first.
[36:29.800 --> 36:34.800]  Then consider taking the action.
[36:34.800 --> 36:36.800]  Okay.
[36:36.800 --> 36:39.800]  Because once you have the job,
[36:39.800 --> 36:41.800]  it's very unlikely that they will fire you
[36:41.800 --> 36:46.800]  because you sued someone else that has nothing to do with them.
[36:46.800 --> 36:50.800]  And then you'll already have the job and then you can,
[36:50.800 --> 36:54.800]  if this comes to light at your new job,
[36:54.800 --> 36:59.800]  you can make your case as to why this is a rightful
[36:59.800 --> 37:01.800]  and proper thing to do.
[37:01.800 --> 37:07.800]  And probably if in Indiana,
[37:07.800 --> 37:10.800]  you have unions and such,
[37:10.800 --> 37:14.800]  very unlikely they could fire you.
[37:14.800 --> 37:17.800]  They would not hire you and they would never admit
[37:17.800 --> 37:18.800]  that that was the reason.
[37:18.800 --> 37:20.800]  But once you're hired,
[37:20.800 --> 37:23.800]  then you have a lot more leverage
[37:23.800 --> 37:30.800]  and a lot less likely this will negatively impact you.
[37:30.800 --> 37:35.800]  So what you are saying right now is the best option
[37:35.800 --> 37:39.800]  is to wait filing a criminal toward
[37:39.800 --> 37:44.800]  or civil toward against the principal.
[37:44.800 --> 37:46.800]  Until you get a new job.
[37:46.800 --> 37:48.800]  Once you have the new job,
[37:48.800 --> 37:52.800]  then you're in a much better position.
[37:52.800 --> 37:53.800]  Okay.
[37:53.800 --> 37:55.800]  And this is not necessarily law
[37:55.800 --> 38:00.800]  because under law they shouldn't do any of that stuff.
[38:00.800 --> 38:05.800]  But unfortunately, this is the real world.
[38:05.800 --> 38:07.800]  And if you were an employer
[38:07.800 --> 38:10.800]  and you were interviewing someone to be hired
[38:10.800 --> 38:14.800]  and they say, oh yeah, I sued the crap out of my last employer.
[38:14.800 --> 38:16.800]  This employer is going to think,
[38:16.800 --> 38:20.800]  hmm, this is not a good sign.
[38:20.800 --> 38:22.800]  Right.
[38:22.800 --> 38:25.800]  And if they can't not hire you for that reason,
[38:25.800 --> 38:28.800]  then can come up with a dozen other reasons not to hire you.
[38:28.800 --> 38:36.800]  So discretion here is probably a key.
[38:36.800 --> 38:39.800]  Okay.
[38:39.800 --> 38:44.800]  Now the incident happened last year in October.
[38:44.800 --> 38:47.800]  How long can I wait and still...
[38:47.800 --> 38:52.800]  As a general rule on a criminal complaint or a civil action,
[38:52.800 --> 38:57.800]  criminal complaints are specified, two, five, seven,
[38:57.800 --> 39:01.800]  some of them no statute of limitations.
[39:01.800 --> 39:04.800]  I think classy misdemeanors here in Texas,
[39:04.800 --> 39:12.800]  they have a year and it goes to two years on being seen misdemeanors.
[39:12.800 --> 39:14.800]  And I don't remember what it is.
[39:14.800 --> 39:16.800]  It depends on the kind of felony, how long you have,
[39:16.800 --> 39:18.800]  but it gets longer.
[39:18.800 --> 39:23.800]  A civil action generally two years.
[39:23.800 --> 39:26.800]  And that's pretty consistent in all the states I've looked at.
[39:26.800 --> 39:30.800]  So you still have time on that.
[39:30.800 --> 39:33.800]  Okay.
[39:33.800 --> 39:37.800]  So what about the declaratory judgment?
[39:37.800 --> 39:39.800]  I should definitely not do anything about...
[39:39.800 --> 39:40.800]  Yeah.
[39:40.800 --> 39:43.800]  Petitions for declaratory judgment is civil in nature.
[39:43.800 --> 39:50.800]  And there's really not a statute of limitations on petition for declaratory judgment.
[39:50.800 --> 39:58.800]  But the declaratory judgment is really a setup for civil suit.
[39:58.800 --> 40:01.800]  So if you're going to do a declaratory judgment,
[40:01.800 --> 40:07.800]  you can do it ahead of time so that you have time to get a ruling from the judge
[40:07.800 --> 40:11.800]  and then use that ruling to go into a civil action.
[40:11.800 --> 40:13.800]  So that this makes sense to the listeners.
[40:13.800 --> 40:21.800]  I've been suggesting that instead of going into the court and suing another party,
[40:21.800 --> 40:27.800]  one thing you could do is go into the court and ask for a declaratory judgment.
[40:27.800 --> 40:35.800]  And what a declaratory judgment is, is where you ask the court to declare the rights of the parties
[40:35.800 --> 40:46.800]  in terms of state the facts and state the law and ask the court to rule how the law applies to the facts.
[40:46.800 --> 40:51.800]  This is always part of a civil action.
[40:51.800 --> 40:56.800]  But where you're suing in a civil action, especially if you're suing public officials,
[40:56.800 --> 41:02.800]  you've got judges here that really don't want to drop the gavel on other public officials.
[41:02.800 --> 41:08.800]  So they're going to tend to be prejudiced in the public officials' favor.
[41:08.800 --> 41:17.800]  So if you go in with a declaratory judgment, you're not asking for any damages against the public official.
[41:17.800 --> 41:27.800]  And the public official has zero immunity from a declaratory suit because they can't technically be harmed by it.
[41:27.800 --> 41:39.800]  But what can happen is, if you can get the judge to declare the rights of the parties without any claims against any of the parties,
[41:39.800 --> 41:48.800]  then the judge is more likely to give you a good ruling on point of law. And once you've got the ruling, if it lands in your favor,
[41:48.800 --> 42:00.800]  now you go back and accuse the other party of harming you by this action which was wrongful as a matter of law and resjudicata,
[42:00.800 --> 42:04.800]  because it's already been adjudicated that this was wrongful.
[42:04.800 --> 42:10.800]  So you don't have to prove it's wrongful anymore. You already did that in a declaratory judgment.
[42:10.800 --> 42:16.800]  Now the only question in the civil action is how harmful was it?
[42:16.800 --> 42:23.800]  So in that regard, you would want time to get in the declaratory judgment before the suit itself.
[42:23.800 --> 42:26.800]  Did that make sense, Christina?
[42:26.800 --> 42:38.800]  Yes. So when I am ready to file charges against the principal,
[42:38.800 --> 42:47.800]  I should actually have the declaratory judgment done before filing for a civil court or a criminal court.
[42:47.800 --> 42:51.800]  Prior to your civil suit for damages?
[42:51.800 --> 42:54.800]  Prior to the civil suit for damages.
[42:54.800 --> 43:03.800]  I also have a question. What if there's no way to be employed?
[43:03.800 --> 43:15.800]  And it feels like every time I go and I apply for a job, I am not interviewed, I am not given any opportunity to take the job.
[43:15.800 --> 43:24.800]  And it's been sometimes been now a year and it's been at the same school corporation.
[43:24.800 --> 43:38.800]  And I will go on like this. It just goes on like this. Does it give me some kind of a clue that maybe I am rejected?
[43:38.800 --> 43:44.800]  You're thinking maybe you're already being blackballed because you've already raised issues?
[43:44.800 --> 43:46.800]  Yes.
[43:46.800 --> 43:50.800]  That is certainly possible but hard to prove. Hang on, we're about to go to break.
[43:50.800 --> 43:52.800]  We'll pick this up on the other side.
[43:52.800 --> 44:00.800]  Randy Kelton, Reel of Law Radio, our call in number 512-646-1984. We'll be right back.
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[44:54.800 --> 45:00.800]  Visit us at CapitalCoinandBullion.com or call 512-646-644-0.
[45:00.800 --> 45:03.800]  Are you the plaintiff or defendant in a lawsuit?
[45:03.800 --> 45:10.800]  Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand four-CD course
[45:10.800 --> 45:14.800]  that will show you how in 24 hours, step-by-step.
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[45:38.800 --> 45:42.800]  about the principles and practices that control our American courts.
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[45:49.800 --> 45:51.800]  prosay tactics, and much more.
[45:51.800 --> 46:00.800]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[46:00.800 --> 46:29.800]  Okay, we are back. Randy Kelton, rule of law radio on this, the 12th day of January, 2018.
[46:29.800 --> 46:33.800]  And we are talking to Christina in Indiana.
[46:33.800 --> 46:45.800]  And yes, school systems especially are very good about warning one another about potential employees.
[46:45.800 --> 46:51.800]  But proving that you're being blackballed is very difficult.
[46:51.800 --> 47:04.800]  So what should I look for? What would be a clue to me that I am blackballed?
[47:04.800 --> 47:14.800]  Well, if you are turned down and someone with lesser credentials is hired for the position,
[47:14.800 --> 47:16.800]  that would be a good indication.
[47:16.800 --> 47:19.800]  But one occurrence wouldn't be sufficient.
[47:19.800 --> 47:29.800]  If this happens at a couple of different school systems where you're passed over for someone
[47:29.800 --> 47:35.800]  with lesser credentials, then you have a potential claim.
[47:35.800 --> 47:39.800]  But I have to have a proof for that.
[47:39.800 --> 47:42.800]  Yes, and that would be difficult.
[47:42.800 --> 47:45.800]  Not impossible, but it would be somewhat difficult to come by.
[47:45.800 --> 47:51.800]  Unless you had contacts in the school who could feed you good information.
[47:51.800 --> 47:53.800]  Right.
[47:53.800 --> 48:18.800]  Now, if that is the case, and in the next whatever days are left, because in Indiana, I do have less time, a lot of two-word filing the civil towards less than two years.
[48:18.800 --> 48:23.800]  I'm talking about less than two years.
[48:23.800 --> 48:34.800]  If I somehow, I'm still not employed by this school corporation, that will be for me to know for sure that, yeah, this is it.
[48:34.800 --> 48:37.800]  And I truly, I just have to do what I have to do.
[48:37.800 --> 48:45.800]  What I want to do anyway, I just don't want to do it right now because I'm in the process of possibly being hired somewhere.
[48:45.800 --> 48:54.800]  And I don't want that to be filing a civil toward being the way of being hired.
[48:54.800 --> 48:55.800]  Right.
[48:55.800 --> 49:02.800]  You don't want to mess things up because very good chance that would.
[49:02.800 --> 49:17.800]  Consider if you were the school system and you're looking to hire someone and this someone suing the previous employer, they would have to give you pause.
[49:17.800 --> 49:19.800]  Yeah.
[49:19.800 --> 49:35.800]  I don't have a question about the fact that I, I requested to go and do a classroom observation at my school, even before picking him out of the school.
[49:35.800 --> 49:41.800]  And I was not allowed to do that.
[49:41.800 --> 49:47.800]  Can I file a desperate judgment for that?
[49:47.800 --> 49:52.800]  That's an area I'm not terribly familiar with.
[49:52.800 --> 50:04.800]  I know there are new laws where there have been new laws at least in Texas on who can observe a school in progress.
[50:04.800 --> 50:11.800]  The schools have were given much more leeway and who they allow into a room.
[50:11.800 --> 50:19.800]  But there you'd have to look at the specific law in Indiana and I'm not at all familiar with it.
[50:19.800 --> 50:31.800]  So far as I know, there is not a inherent right to sit inside a classroom.
[50:31.800 --> 50:36.800]  Yes, I understand.
[50:36.800 --> 50:51.800]  I would probably have more questions to ask that right now I say that most important was making sure that I know how to time myself about going ahead and filing.
[50:51.800 --> 51:19.800]  That part is the principle because as a teacher myself looking for a job, I just didn't want to take the wrong staff or at a wrong time say that way to do what I truly believe that it is what I have to do as a parent.
[51:19.800 --> 51:22.800]  I would certainly be careful until I got a job.
[51:22.800 --> 51:25.800]  Once you've got the job, then you're probably okay.
[51:25.800 --> 51:31.800]  But I should not wait longer than what it is I'm trained that I have.
[51:31.800 --> 51:33.800]  You agree with that as well.
[51:33.800 --> 51:37.800]  Wait, I didn't understand that last part.
[51:37.800 --> 51:50.800]  I would say that I'm given a timeframe in order to file the Civil Court or the criminal charges.
[51:50.800 --> 51:52.800]  Absolutely, absolutely.
[51:52.800 --> 52:05.800]  Otherwise, if you go beyond the timeframe with the Fed and in most states, statute of limitations is in affirmative defense.
[52:05.800 --> 52:13.800]  So if you sued outside the statute of limitations, they would have an affirmative defense to the suit and they could get tossed.
[52:13.800 --> 52:14.800]  Okay.
[52:14.800 --> 52:18.800]  I'm saying affirmative defense because it's not a bar.
[52:18.800 --> 52:22.800]  You can sue outside the timeframe.
[52:22.800 --> 52:31.800]  And if the other side doesn't bring up the fact that statute of limitations has passed, they waive the issue.
[52:31.800 --> 52:32.800]  Okay.
[52:32.800 --> 52:33.800]  Okay.
[52:33.800 --> 52:39.800]  Well, thank you so much for your time and kindness again to answer my questions.
[52:39.800 --> 52:56.800]  And I will definitely want to ask, going ahead and taking the jurisdictionary would definitely be an extra help for me to just be more prepared legally.
[52:56.800 --> 53:00.800]  Did you hear the caller before you?
[53:00.800 --> 53:04.800]  Mark from Wisconsin.
[53:04.800 --> 53:06.800]  No, I didn't really.
[53:06.800 --> 53:07.800]  Okay.
[53:07.800 --> 53:14.800]  Well, he was on just before you and a few years ago, he called in about an issue with his son.
[53:14.800 --> 53:23.800]  He was in a car with some other kids and the police pulled him over and found marijuana in the console and arrested all the kids.
[53:23.800 --> 53:27.800]  Well, his son was just a passenger in the car and he didn't know anything about the pot.
[53:27.800 --> 53:30.800]  And I was thinking, did you file a motion to suppress the evidence?
[53:30.800 --> 53:32.800]  Yeah, I did that.
[53:32.800 --> 53:36.800]  Well, if your son's been charged, you might look at filing a habeas corpus.
[53:36.800 --> 53:40.800]  He said, I did that about three or four times of this.
[53:40.800 --> 53:43.800]  And finally, I said, have you been to jurisdictionary?
[53:43.800 --> 53:44.800]  Oh, yeah.
[53:44.800 --> 53:46.800]  Oh, yeah, I've been to jurisdictionary.
[53:46.800 --> 53:48.800]  I could tell.
[53:48.800 --> 53:53.800]  So going through jurisdictionary would be a very good idea.
[53:53.800 --> 53:54.800]  Okay.
[53:54.800 --> 53:59.800]  These are the basics that are not taught in law school.
[53:59.800 --> 54:07.800]  In law school, they teach lawyers how to argue or argue legal issues.
[54:07.800 --> 54:17.800]  They don't teach them how to file motions, how to get motions set for hearing, what motions to file and when to file those motions and when not to file those motions.
[54:17.800 --> 54:28.800]  How to argue and support one, how to argue in defense of one or defense against one, all these things you pick up after you get out of law school.
[54:28.800 --> 54:33.800]  And this is the kind of thing that's in jurisdictionary.
[54:33.800 --> 54:44.800]  It will give you a very well rounded set of basics and you will be much more comfortable in dealing with the courts.
[54:44.800 --> 54:51.800]  Okay, I will definitely go ahead and do that because I think I will definitely benefit from it.
[54:51.800 --> 54:52.800]  Thank you.
[54:52.800 --> 55:09.800]  Yeah, even if you weren't going into court, once you've been through jurisdictionary, then you move around in this environment and you bump up against legal issues or you see the potential of legal issues.
[55:09.800 --> 55:13.800]  They no longer frighten you like they would at one time.
[55:13.800 --> 55:17.800]  Someone tells you, well, if you do that, I'll just sue you.
[55:17.800 --> 55:27.800]  And instead of being frightened and intimidated about the prospect of the suit, you'll more likely think, well, go ahead, Bubba, take your best shot.
[55:27.800 --> 55:31.800]  It makes life in this complex world a whole lot easier.
[55:31.800 --> 55:36.800]  One less thing you have to be so frightened of.
[55:36.800 --> 55:40.800]  That's my story and I'm sticking to it.
[55:40.800 --> 55:48.800]  I will definitely go ahead and get the jurisdictionary and get myself prepared for the future.
[55:48.800 --> 55:56.800]  And again, I want to thank you for everything you do and your radio show.
[55:56.800 --> 56:05.800]  Your advisor has been definitely very much.
[56:05.800 --> 56:07.800]  Okay, you are very welcome.
[56:07.800 --> 56:12.800]  And now we're going to go to Mauricio in Texas.
[56:12.800 --> 56:13.800]  Hello, Mauricio.
[56:13.800 --> 56:16.800]  What do you have for us today?
[56:16.800 --> 56:17.800]  Hey, Randy.
[56:17.800 --> 56:18.800]  I'm doing good.
[56:18.800 --> 56:21.800]  How have you been?
[56:21.800 --> 56:22.800]  I've been pretty good.
[56:22.800 --> 56:26.800]  I'm staying in one piece of down in Austin right now and enjoying it.
[56:26.800 --> 56:27.800]  Amen.
[56:27.800 --> 56:28.800]  That's great.
[56:28.800 --> 56:29.800]  That's great.
[56:29.800 --> 56:36.800]  Well, I hope you had a good new year in Christmas.
[56:36.800 --> 56:38.800]  Sorry about that.
[56:38.800 --> 56:43.800]  Hey, Randy, hello.
[56:43.800 --> 56:46.800]  Say that again.
[56:46.800 --> 56:48.800]  There, can you hear me?
[56:48.800 --> 56:49.800]  Yes, now I can.
[56:49.800 --> 56:51.800]  Oh, yeah, okay, I got you.
[56:51.800 --> 56:55.800]  I had my mic unmuted and I muted it.
[56:55.800 --> 56:56.800]  Anyway, I'm confused.
[56:56.800 --> 56:58.800]  I got it straightened out.
[56:58.800 --> 57:01.800]  Okay, go ahead.
[57:01.800 --> 57:02.800]  It's all right.
[57:02.800 --> 57:05.800]  It's the new year.
[57:05.800 --> 57:10.800]  I'm calling about the case I had called about, oh, now it's been a year.
[57:10.800 --> 57:13.800]  A quick refresh of memory.
[57:13.800 --> 57:20.800]  Back in January 6th of last year, I was pulled over for snow on the life plate.
[57:20.800 --> 57:24.800]  I just thought about you the other day reading some case flow.
[57:24.800 --> 57:25.800]  Amen.
[57:25.800 --> 57:26.800]  Perfect.
[57:26.800 --> 57:33.800]  Well, the reason why I'm calling is the court appointed attorney.
[57:33.800 --> 57:36.800]  Okay, wait, hold on for everybody else.
[57:36.800 --> 57:38.800]  It was a setup.
[57:38.800 --> 57:45.800]  He's driving down the road and snow on the road and a DPS officers with a couple of sheriff's
[57:45.800 --> 57:51.800]  deputies and the sheriff's deputies stopped you and they said there was snow on the life
[57:51.800 --> 57:56.800]  plate and they used it as a reason to stop and search for drugs.
[57:56.800 --> 57:57.800]  Yes, sir.
[57:57.800 --> 57:58.800]  Problem.
[57:58.800 --> 57:59.800]  Problem.
[57:59.800 --> 58:11.800]  The DPS officer could have stopped you for a traffic issue, but not the sheriff's deputies
[58:11.800 --> 58:16.800]  because sheriff's deputies weren't appointed by the county commissioners court as traffic
[58:16.800 --> 58:20.800]  officers and paid by the county commissioners court.
[58:20.800 --> 58:24.800]  So they didn't have authority to stop on the traffic issue.
[58:24.800 --> 58:26.800]  So they kind of screwed things up.
[58:26.800 --> 58:29.800]  So this is kind of where we left it off last time.
[58:29.800 --> 58:30.800]  Okay.
[58:30.800 --> 58:36.800]  And they found some drugs and you're being prosecuted over those drugs at this point.
[58:36.800 --> 58:37.800]  Is that correct?
[58:37.800 --> 58:38.800]  Yes, sir.
[58:38.800 --> 58:40.800]  Medical marijuana to be clear.
[58:40.800 --> 58:42.800]  Okay, good.
[58:42.800 --> 58:45.800]  Okay, now go ahead.
[58:45.800 --> 58:48.800]  Okay, we're going to go to commercial.
[58:48.800 --> 58:53.800]  Would you like to make more definite progress in your walk with God?
[58:53.800 --> 58:57.800]  Yes, sir.
[59:23.800 --> 59:52.800]  Live free speech radio.
[59:52.800 --> 59:59.800]  LogosRadioNetwork.com.
[01:00:22.800 --> 01:00:40.800]  Today in history, the year 1835, the United States government national debt is zero for
[01:00:40.800 --> 01:00:44.800]  the first time and presumably only time in the government's existence.
[01:00:44.800 --> 01:00:46.800]  Zero government debt?
[01:00:46.800 --> 01:00:50.800]  Today in history.
[01:00:50.800 --> 01:00:55.800]  The president will undergo a two-hour physical exam which will include urine blood analysis,
[01:00:55.800 --> 01:00:59.800]  cardiac evaluation, and some more personal applying with sleeping habits and even his
[01:00:59.800 --> 01:01:03.800]  romantic life being discussed with the multi-administration presidential physician.
[01:01:03.800 --> 01:01:07.800]  It seems the president may be wanting to later rest the recent lineup of criticisms
[01:01:07.800 --> 01:01:09.800]  questioning his mental health and stability.
[01:01:09.800 --> 01:01:13.800]  Apparently some of the president's more recent tweets directed towards North Korea's
[01:01:13.800 --> 01:01:18.800]  Kim Jong-un and the author of the book Fire and Fury, Michael Wolfe, has many thinking that
[01:01:18.800 --> 01:01:25.800]  the president should perhaps be more articulate and less rash with his tweets.
[01:01:25.800 --> 01:01:29.800]  The U.S. District Court Judge Gloria Numbaro dismissed cases against Nevada Rancher Clive
[01:01:29.800 --> 01:01:33.800]  and Bundy, two sons and a Montana militiaman today.
[01:01:33.800 --> 01:01:37.800]  The judge ruled that the government's lawyers suppressed footage from several cameras that
[01:01:37.800 --> 01:01:41.800]  were set up by the FBI around the Bundy's family home that would have been favorable
[01:01:41.800 --> 01:01:46.800]  in the defendant's case when Mr. Bundy was released today Monday after leaving the courthouse.
[01:01:46.800 --> 01:01:50.800]  He told reporters that I've been a political prisoner for 700 days.
[01:01:50.800 --> 01:01:54.800]  He hadn't seen his wife for nearly two years due to the fact that he had refused any conditional
[01:01:54.800 --> 01:02:00.800]  release which required him to forfeit his trial by jury rights.
[01:02:00.800 --> 01:02:05.800]  Former Google engineer James D'Amour filed a class action lawsuit against the Alphabet
[01:02:05.800 --> 01:02:09.800]  Corporation on Monday claiming that it discriminates against white men and those with
[01:02:09.800 --> 01:02:11.800]  conservative leaning views.
[01:02:11.800 --> 01:02:15.800]  D'Amour was terminated for dismantling a memo essentially questioning the company's
[01:02:15.800 --> 01:02:16.800]  diversity policies.
[01:02:16.800 --> 01:02:20.800]  The suit is basically arguing that Google employees who express views deviating from
[01:02:20.800 --> 01:02:26.800]  corporate sentiments on politics and practices like diversity hiring policies by a sensitivity
[01:02:26.800 --> 01:02:32.800]  and social justice were singled out, mistreated and systematically punished and terminated
[01:02:32.800 --> 01:02:33.800]  from Google.
[01:02:33.800 --> 01:02:37.800]  Google spokesman Tasha Parr sent a response that we look forward to defending against
[01:02:37.800 --> 01:02:40.800]  Mr. D'Amour's lawsuit in court.
[01:02:40.800 --> 01:02:45.800]  If you'd like to help out the Lone Star Lowdown with some reporting or advertising, feel free
[01:02:45.800 --> 01:02:50.800]  to give me a call at 210-363-2257.
[01:02:50.800 --> 01:03:18.800]  This was quick run due with your lowdown for January 8th, 2018.
[01:03:18.800 --> 01:03:20.800]  Okay, we are back.
[01:03:20.800 --> 01:03:26.800]  Randy Kelton, rule of law radio and we're talking to Mauricio in Texas and it's kind of pitiful
[01:03:26.800 --> 01:03:39.800]  when the caller has to do the outro.
[01:03:39.800 --> 01:03:43.800]  You can hear the bumper music but I can't.
[01:03:43.800 --> 01:03:45.800]  We have an issue.
[01:03:45.800 --> 01:03:52.800]  They're not able to feed me the bumper music so I've got a suppressor on my system and
[01:03:52.800 --> 01:03:56.800]  the suppressor suppresses the bumper music so I can't hear it.
[01:03:56.800 --> 01:03:59.800]  Okay, go ahead.
[01:03:59.800 --> 01:04:02.800]  No, no, that's great.
[01:04:02.800 --> 01:04:05.800]  You described it perfectly.
[01:04:05.800 --> 01:04:11.800]  I did have my medical marijuana and that's actually what led to him going in.
[01:04:11.800 --> 01:04:15.800]  He pulled me over and made a claim that he smelled it.
[01:04:15.800 --> 01:04:21.800]  I told him that I didn't understand the nature of the question and that's when things exploded
[01:04:21.800 --> 01:04:24.800]  and before I knew it I was sitting in jail.
[01:04:24.800 --> 01:04:30.800]  Fast forward to today or before November actually.
[01:04:30.800 --> 01:04:34.800]  The court appointed attorney and I had been going back and forth.
[01:04:34.800 --> 01:04:35.800]  I had met with him.
[01:04:35.800 --> 01:04:43.800]  I got a recording where for about 10 minutes he's pleading to me to dismiss him as the attorney.
[01:04:43.800 --> 01:04:46.800]  I didn't let him off the hook that easy.
[01:04:46.800 --> 01:04:53.800]  The first plea was something like next amount of days and over $1,000 fines.
[01:04:53.800 --> 01:05:00.800]  Secondly, finally we ended up to a third plea where I agreed with where it would be a year deferred
[01:05:00.800 --> 01:05:02.800]  and maybe $300 fine.
[01:05:02.800 --> 01:05:07.800]  I was like, you know, if that doesn't sound too bad, I can live with that.
[01:05:07.800 --> 01:05:15.800]  I take off to out of state because I worked out of state from November to December at contract work
[01:05:15.800 --> 01:05:22.800]  and he was able to extend everything until January 26th apparently.
[01:05:22.800 --> 01:05:23.800]  I take off.
[01:05:23.800 --> 01:05:24.800]  I go to work.
[01:05:24.800 --> 01:05:29.800]  No contact with him besides Merry Christmas and Happy New Year.
[01:05:29.800 --> 01:05:38.800]  I return home and I get a text message from the bottom lady telling me that I've got to be in court on the 26th
[01:05:38.800 --> 01:05:43.800]  and I'm assuming it's to sign our agreement from the paperwork.
[01:05:43.800 --> 01:05:48.800]  And sure enough, two days after the bottom lady calls me, the attorney calls me.
[01:05:48.800 --> 01:05:52.800]  They say, yes, you've got to be here for this or that.
[01:05:52.800 --> 01:05:55.800]  But they changed the plea.
[01:05:55.800 --> 01:06:00.800]  They want you to pay the court my cost, the attorney fees.
[01:06:00.800 --> 01:06:07.800]  They threw in community service and I think there's a fine of $60 a month for a year.
[01:06:07.800 --> 01:06:13.800]  I haven't read all of the pleading, but I know it wasn't what we agreed with when I left.
[01:06:13.800 --> 01:06:20.800]  So let's just say I'm needing to put more pressure on him, I think.
[01:06:20.800 --> 01:06:28.800]  And I sent you an email, but I don't think you got it because I'm sure you've been outrageously busy.
[01:06:28.800 --> 01:06:33.800]  But that's kind of where we're at now.
[01:06:33.800 --> 01:06:36.800]  I don't remember an email from you.
[01:06:36.800 --> 01:06:38.800]  When did you send it?
[01:06:38.800 --> 01:06:42.800]  I think it was the 6th.
[01:06:42.800 --> 01:06:49.800]  No, it wasn't the 6th, but it was Google Google maybe four or five days ago actually.
[01:06:49.800 --> 01:06:51.800]  I might have missed it.
[01:06:51.800 --> 01:06:59.800]  I've just come back from Tennessee and the first few days here, the pollen really worked me over.
[01:06:59.800 --> 01:07:05.800]  I've left the Dallas-Fort Worth area and I came down to Austin, my head cleared.
[01:07:05.800 --> 01:07:09.800]  So I may have got it and just didn't see it.
[01:07:09.800 --> 01:07:13.800]  I will recheck my email tomorrow.
[01:07:13.800 --> 01:07:19.800]  I'll go ahead and I'll resend it for you and I'll put my name in the caps for you.
[01:07:19.800 --> 01:07:21.800]  Good, that'll help.
[01:07:21.800 --> 01:07:31.800]  Any time I get a subject in caps, then it's a lot easier for me to catch it because I get about 100 emails a day.
[01:07:31.800 --> 01:07:33.800]  I believe you.
[01:07:33.800 --> 01:07:35.800]  A good man like you, I'm sure you do.
[01:07:35.800 --> 01:07:42.800]  No, 95 of them are advertisement garbage.
[01:07:42.800 --> 01:07:48.800]  Okay, so I'm not the only one.
[01:07:48.800 --> 01:07:58.800]  Well, Randy, unless you had any thoughts you wanted to share with the other listeners, I'll let you jump on to the next one and I'll send you an email and we'll probably talk off the air.
[01:07:58.800 --> 01:08:01.800]  Okay, thank you, Mauricio.
[01:08:01.800 --> 01:08:05.800]  Okay, now we're going to Tim in Texas. Hello, Tim.
[01:08:05.800 --> 01:08:08.800]  Hello, sir.
[01:08:08.800 --> 01:08:12.800]  What do you have for us today?
[01:08:12.800 --> 01:08:19.800]  Well, it's this evening. I could not get you on the internet tonight, so I thought well, I'll call to see if he's there.
[01:08:19.800 --> 01:08:26.800]  Well, I got in late. I've been in meetings all day. I met with the state bar association this morning.
[01:08:26.800 --> 01:08:29.800]  Had a real good interview.
[01:08:29.800 --> 01:08:41.800]  I met with Lou Watkins and his brother Rich today, and I will be profiling there.
[01:08:41.800 --> 01:08:48.800]  Don't pay any taxes procedure.
[01:08:48.800 --> 01:08:59.800]  They don't reduce your taxes. They keep you from having to pay them all together by challenging the government's ability to collect the taxes.
[01:08:59.800 --> 01:09:15.800]  And they're very deep in the statutes and the codes. So I'm going to try to create a model in my litigation engine, electronic lawyer program.
[01:09:15.800 --> 01:09:20.800]  And it is going to be quite involved.
[01:09:20.800 --> 01:09:25.800]  Sounds like you're going to be extremely busy. You're going to be down in Austin for the next few months?
[01:09:25.800 --> 01:09:36.800]  No, no, no. Probably just in the beginning of next week, I'm thinking of going down to San Antonio to St. Mary's College.
[01:09:36.800 --> 01:09:44.800]  They have a law school down there and see if I can get them to participate in this program as well.
[01:09:44.800 --> 01:09:57.800]  What I want to do is get the college. See, I'll make these questionnaires available to their graduate, to their alumni, to their recent graduates as a service.
[01:09:57.800 --> 01:10:09.800]  Because lawyers in law school, they learn how to argue legal issues, but they don't really learn how to practice law.
[01:10:09.800 --> 01:10:15.800]  So when they get out, a lawyer, unlike a procé, you know, I could go in, I'm just an evening roll procé.
[01:10:15.800 --> 01:10:21.800]  I can make all the mistakes I want to and the judge can get annoyed and grumble at me, but there's not much you can do about it.
[01:10:21.800 --> 01:10:31.800]  A lawyer on the other hand, once they get that bar card, they become a learned counsel. They cannot come into court and make mistakes.
[01:10:31.800 --> 01:10:39.800]  They can't miss issues. The primary thing that will harm a lawyer is to miss an important issue.
[01:10:39.800 --> 01:10:44.800]  And when they just get out of law school, they don't know what the issues are important.
[01:10:44.800 --> 01:10:50.800]  They don't know how to elicit that information from their client and they don't know how to argue when they get it.
[01:10:50.800 --> 01:11:00.800]  So we're building this questionnaire that will address all of these, all the issues in the case and develop the motions and pleadings to address those issues.
[01:11:00.800 --> 01:11:12.800]  So I want to go to the law schools and say, the development of these questionnaires is an exercise in mental focus.
[01:11:12.800 --> 01:11:22.800]  I have a brief from the Highland Park Municipal Court by a lawyer who's relatively freshly out of law school.
[01:11:22.800 --> 01:11:32.800]  It is horrible. It's two pages of meandering convoluted nonsense.
[01:11:32.800 --> 01:11:42.800]  Clearly, this guy got out of law school and has no idea how to write a brief or even a proper pleading.
[01:11:42.800 --> 01:11:52.800]  He's just glad to have a job, right? The only job he could get, he probably didn't get picked up by a law firm.
[01:11:52.800 --> 01:12:00.800]  So he needed some way to make some money so he goes down to the Municipal Courts grubbing for dollars.
[01:12:00.800 --> 01:12:10.800]  So he has no idea how to do this. So if he had a tool where he has somebody say, it's a DUI.
[01:12:10.800 --> 01:12:18.800]  He don't know how to litigate a DUI or send somebody to this questionnaire and it will elicit all the issues.
[01:12:18.800 --> 01:12:23.800]  He knows how to argue legal issues. That's what he's trained to do.
[01:12:23.800 --> 01:12:28.800]  What he does know how to do is how to elicit those issues. Well, this tool will do that for him.
[01:12:28.800 --> 01:12:38.800]  So we tell the law school that we'll make this available for your graduates so that they can begin to practice law much quicker.
[01:12:38.800 --> 01:12:50.800]  With your students in law, we can use the creation of these questionnaires to teach them how to stay focused on a single issue at a time.
[01:12:50.800 --> 01:12:56.800]  In this case, I'm building the traffic ticket website.
[01:12:56.800 --> 01:13:02.800]  And I have a front page where you fill in all the information off the ticket.
[01:13:02.800 --> 01:13:12.800]  And then I start asking questions. The first set of questions I ask go to probable cause for the initial stop.
[01:13:12.800 --> 01:13:31.800]  And I develop all the possibilities, all the different perspectives, all of the elements that have to be there in order for the officer to have reasonable probable cause to believe that you've committed a crime so he can initiate a stop.
[01:13:31.800 --> 01:13:39.800]  When you ask questions and you get an answer, very often they implicate other things.
[01:13:39.800 --> 01:13:48.800]  And the problems lawyers have is they let these answers or these issues lead them off point.
[01:13:48.800 --> 01:13:57.800]  And they wind up in one argument going from one issue to another back to the first to something else. They're all over the place.
[01:13:57.800 --> 01:14:06.800]  I can't tell you how many documents I've read by lawyers that just almost don't make sense because they're jumping all over the place.
[01:14:06.800 --> 01:14:12.800]  This tool teach the lawyer how to stay finally focused on one issue.
[01:14:12.800 --> 01:14:20.800]  Once you finish that issue, then you link to the next issue. In this case, it would be flight to evade arrest.
[01:14:20.800 --> 01:14:29.800]  It's the next logical issue. Officer turns his lights on. Did you pull over immediately?
[01:14:29.800 --> 01:14:36.800]  And then we develop all the questions out from there. And then the next issue is failure to identify.
[01:14:36.800 --> 01:14:42.800]  And the officer pulls you over to be asked for you for license and registration.
[01:14:42.800 --> 01:14:55.800]  Did you give it to him? And then we develop out failure to identify. Each issue related to a traffic stop we develop separately.
[01:14:55.800 --> 01:15:06.800]  And by having their students develop these questionnaires, it teaches them how to be thorough and focused.
[01:15:06.800 --> 01:15:18.800]  So that's why I'm trying to get the law school to buy that story so they'll get their law students to build these questionnaires for me.
[01:15:18.800 --> 01:15:24.800]  And then I make the questionnaires available in this tool. I have the tool. They don't have the tool.
[01:15:24.800 --> 01:15:28.800]  I'd like to see your agreement contracted. They're going to sign.
[01:15:28.800 --> 01:15:33.800]  Oh, no, they won't need me to. I'm going to give it to them free.
[01:15:33.800 --> 01:15:38.800]  So nobody, there's no money involved here.
[01:15:38.800 --> 01:15:40.800]  Okay.
[01:15:40.800 --> 01:15:45.800]  They get their students to produce these as a part of their education.
[01:15:45.800 --> 01:15:50.800]  And then to use what they produce as a benefit for their graduates.
[01:15:50.800 --> 01:15:59.800]  So they win here on both sides. And I don't charge them anything for use of the software.
[01:15:59.800 --> 01:16:08.800]  Because the questionnaire as a part of the questionnaire, when you ask a question, you got to know why you asked that question.
[01:16:08.800 --> 01:16:16.800]  And as you go, as you go down these questions at, at the end of each issue.
[01:16:16.800 --> 01:16:24.800]  If they did not answer yes to every question, if they answered no to a question that indicates an issue that you can adjudicate.
[01:16:24.800 --> 01:16:32.800]  So we'll have like a motion to dismiss the tool will develop all of the facts.
[01:16:32.800 --> 01:16:35.800]  I'll explain that in a little bit when I come back on the other side.
[01:16:35.800 --> 01:16:40.800]  I actually was watching the clock this time. I'm getting a little better at it.
[01:16:40.800 --> 01:16:48.800]  But I'll explain how if you do the questionnaire right, you get to one document at the end of each element.
[01:16:48.800 --> 01:16:54.800]  It's complex getting there, but I'm getting it worked out and this is going to be slick. Hang on, Randy Kelton, the real law radio.
[01:16:54.800 --> 01:17:21.800]  I'll call it number 512-646-1984. We'll be right.
[01:17:21.800 --> 01:17:28.800]  Well, I'm glad you asked. Whenever you order anything from Amazon, you can help Logos with ordering your supplies or holiday gifts.
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[01:19:10.800 --> 01:19:23.800]  Okay, we are back. Randy Kelton, rule of law radio, and we're talking to Tim in Texas.
[01:19:23.800 --> 01:19:36.800]  And Tim, I'm going to use this as an opportunity to kind of explain something that the building the questionnaires has taught me.
[01:19:36.800 --> 01:19:49.800]  I have the software in place, and now I'm stuck with the job of putting in the content.
[01:19:49.800 --> 01:20:00.800]  And it turned out that putting in the content was a bit more complex and sophisticated than I had anticipated.
[01:20:00.800 --> 01:20:16.800]  For just the problems that I spoke to earlier in building this questionnaire, when I just go in there and logically ask one question and develop the two potential answers on a yes and a no,
[01:20:16.800 --> 01:20:37.800]  and then that answer leads to the next question, it's very easy to stray off topic because an answer can indicate more than one issue and it's hard to stay focused on that one issue.
[01:20:37.800 --> 01:20:58.800]  And what brought out the need to stay highly focused was, how do I put in all of these documents that need to be created when you were pulled over, were you operating a vehicle?
[01:20:58.800 --> 01:21:08.800]  The guy says yes, then that's the reasonable probable cause to believe the person was operating a vehicle.
[01:21:08.800 --> 01:21:14.800]  Okay, if he says no, had you just gotten out of a vehicle?
[01:21:14.800 --> 01:21:32.800]  No, I go through a set of logical questions, but sometimes I can ask a question I'm trying to think of a good example that could lead to a couple of different issues rather than just probable cause to believe.
[01:21:32.800 --> 01:21:39.800]  Had you just walked away from a vehicle in a ditch?
[01:21:39.800 --> 01:21:49.800]  I could bring on a couple of things. So each time we answer one of these questions, that's a legal point.
[01:21:49.800 --> 01:22:02.800]  And when we ask a question, were you operating a motor vehicle, then if they say no, then in the output of the document, it has a statement of fact section.
[01:22:02.800 --> 01:22:10.800]  It'll put a statement defendant was not operating at the time of the stop defendant was not operating a motor vehicle.
[01:22:10.800 --> 01:22:21.800]  Well, if you weren't operating a motor vehicle and you were stopped by the police on a traffic issue, then that goes to emotion to dismiss.
[01:22:21.800 --> 01:22:30.800]  And each time you answer one of these, especially if you answer no, it goes to another reason for emotion to dismiss.
[01:22:30.800 --> 01:22:36.800]  Well, I can't put in emotion to dismiss 10 times.
[01:22:36.800 --> 01:22:39.800]  It gets really complex that way.
[01:22:39.800 --> 01:22:53.800]  So I had to go back and restructure the questions so that each of the questions led to the same kind of motion to dismiss.
[01:22:53.800 --> 01:23:03.800]  In this case, the questionnaire section, I'm dealing only with probable cause for the initial stop.
[01:23:03.800 --> 01:23:13.800]  So that as I walk down the questionnaire and you answer a question, it puts a statement in the output in the statement of facts.
[01:23:13.800 --> 01:23:21.800]  Then all those facts line up and then right underneath it, I can put in one argument.
[01:23:21.800 --> 01:23:31.800]  Motion to dismiss for failure to establish probable cause for the original stop and every one of those facts above it goes to that issue.
[01:23:31.800 --> 01:23:46.800]  So I only have to have the motion, the include the motion to comment at the end of every line of questioning.
[01:23:46.800 --> 01:23:56.800]  That was a big problem in trying to get that fixed, but what that did was, is it forced me to stay very close on one subject at a time.
[01:23:56.800 --> 01:24:02.800]  And now I can save this section as probable cause.
[01:24:02.800 --> 01:24:07.800]  Then the next one was flight to evade arrest.
[01:24:07.800 --> 01:24:13.800]  Then I asked questions about when you'd also turned on the lights, did you immediately pull over?
[01:24:13.800 --> 01:24:19.800]  And it says no. Was there a safe place to pull over? No.
[01:24:19.800 --> 01:24:28.800]  Each one of these goes to a defense against a charge of failure to fly to evade arrest.
[01:24:28.800 --> 01:24:33.800]  Because police get real excited if you don't stop quickly.
[01:24:33.800 --> 01:24:43.800]  And I'll almost determine the next time a cop turns his lights on me and I'm driving down the road, I'm going to slam on the brakes right there in the middle of the road.
[01:24:43.800 --> 01:24:48.800]  Let him tell me where he wants to go. I'm not going to be charged with flight to evade.
[01:24:48.800 --> 01:24:54.800]  You might get unhappy if he's too close and he rams into the back of me, but it would deal with that separate.
[01:24:54.800 --> 01:25:03.800]  But anyway, this allows me to structure this tool so it will begin to generate these documents.
[01:25:03.800 --> 01:25:06.800]  I'm hoping this is kind of making sense.
[01:25:06.800 --> 01:25:14.800]  Lawyers for hundreds of years treated law like it's incredibly complex.
[01:25:14.800 --> 01:25:17.800]  It's not.
[01:25:17.800 --> 01:25:33.800]  Once you start breaking it apart this way, if I put up my whole questionnaire on traffic, it would be so large that I don't know of any computer that would open it in less than 20 or 30 minutes.
[01:25:33.800 --> 01:25:35.800]  It's huge.
[01:25:35.800 --> 01:25:42.800]  And it will give you the idea that the subject was incredibly complex.
[01:25:42.800 --> 01:25:44.800]  But it's not.
[01:25:44.800 --> 01:26:08.800]  When I go through these and I do probable costs, flight to evade, failure to identify, in a traffic stop, before we get to the merits to whatever this particular charge is, there are a number of issues.
[01:26:08.800 --> 01:26:12.800]  It's only about four or five of them.
[01:26:12.800 --> 01:26:18.800]  But in the overall questionnaire, it makes a questionnaire so big my computer won't open it.
[01:26:18.800 --> 01:26:26.800]  But if I break all the questions down into separate issues, I've only got four or five of them.
[01:26:26.800 --> 01:26:32.800]  It's not as complex as the lawyer seemed to think it is.
[01:26:32.800 --> 01:26:41.800]  Now, granted, in every line of questioning, I will call almost every one of these issues.
[01:26:41.800 --> 01:26:45.800]  I call it the same one every time.
[01:26:45.800 --> 01:26:53.800]  So the overall issue looks really complex, but when you break it down into the pieces, you're just calling the same things over and over.
[01:26:53.800 --> 01:27:00.800]  You know, I go down the questionnaire and I ask a question, they say yes, and I start out with them saying yes on everything.
[01:27:00.800 --> 01:27:04.800]  Then I back up and I have them answer no.
[01:27:04.800 --> 01:27:12.800]  So what answers no instead of yes, I may ask one or two, maybe three questions, based on the no.
[01:27:12.800 --> 01:27:16.800]  And then I'll go back to the same questions that have been asked in anyway.
[01:27:16.800 --> 01:27:18.800]  So let's go up to the top and pull them down.
[01:27:18.800 --> 01:27:22.800]  So we keep calling these same sets over and over.
[01:27:22.800 --> 01:27:33.800]  I believe when the lawyers see this actually work, they will be kind of intimidated because they have been thinking what they're doing is so horribly complex.
[01:27:33.800 --> 01:27:36.800]  And at the end of the day, it's not.
[01:27:36.800 --> 01:27:39.800]  They think what they're doing is an art form.
[01:27:39.800 --> 01:27:41.800]  It's no such thing.
[01:27:41.800 --> 01:27:44.800]  It's just connecting bots.
[01:27:44.800 --> 01:27:50.800]  And Tim, if you were trying to talk, I muted you because you're getting a whole bunch of background noise.
[01:27:50.800 --> 01:27:52.800]  Does that make sense, Tim?
[01:27:52.800 --> 01:27:54.800]  It does.
[01:27:54.800 --> 01:28:17.800]  One thing that confuses me a little bit is that from what I've gathered in the case that I've been involved in for the past nine months or eight months, is that the court procedure is somewhat deceptive.
[01:28:17.800 --> 01:28:28.800]  The defense attorney and the prosecuting attorney and the judge are all on one team and you, the defendant, are on the other team.
[01:28:28.800 --> 01:28:30.800]  You got it.
[01:28:30.800 --> 01:28:32.800]  Four-sided chessboard.
[01:28:32.800 --> 01:28:44.800]  Yeah, but the thing about, so the point I'm getting at specifically is we've said, well, if you get an attorney assigned to you, okay, you can't afford one.
[01:28:44.800 --> 01:28:46.800]  One will be appointed to you.
[01:28:46.800 --> 01:28:50.800]  Well, he doesn't want to do what you want him to do.
[01:28:50.800 --> 01:28:52.800]  Okay, you've brought that up.
[01:28:52.800 --> 01:28:58.800]  The reason why is because he doesn't want to lose his bar card, apparently.
[01:28:58.800 --> 01:29:01.800]  Yeah, and he doesn't want to be taken off the attorney wheel.
[01:29:01.800 --> 01:29:03.800]  He makes a lot of money there.
[01:29:03.800 --> 01:29:04.800]  Exactly.
[01:29:04.800 --> 01:29:08.800]  Well, I was sitting in the court trying to file these papers with the county court the other day.
[01:29:08.800 --> 01:29:13.800]  My wife and I, the third floor up there at the courthouse.
[01:29:13.800 --> 01:29:18.800]  And I noticed all these five-foot-tall lawyers coming in.
[01:29:18.800 --> 01:29:23.800]  I guess it was a criminal day up there, busy, busy court.
[01:29:23.800 --> 01:29:27.800]  And they all wore black suits, no vest.
[01:29:27.800 --> 01:29:31.800]  I mean, they all looked pretty near the same.
[01:29:31.800 --> 01:29:34.800]  There's about four or five of them that came in and they drop a paper off.
[01:29:34.800 --> 01:29:40.800]  You know, it's like the people behind the counter knew what they were doing.
[01:29:40.800 --> 01:29:52.800]  So, and then you find out, you know, before this, I found out that 99% of criminal cases have a plea bargain.
[01:29:52.800 --> 01:29:54.800]  I mean, there's no...
[01:29:54.800 --> 01:29:58.800]  No, no, no. 99.6.
[01:29:58.800 --> 01:30:10.800]  Can reality TV make you dumber? New research suggests watching people do stupid things can dumb you down more than you realize.
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[01:33:31.800 --> 01:33:33.800]  Okay, we are back.
[01:33:33.800 --> 01:33:38.800]  Randy Kelton of Rooval Radio, and we're talking to Tim in Texas.
[01:33:38.800 --> 01:33:45.800]  Okay, Tim, I had a busy break. We're trying to get set up in case I lose my producer.
[01:33:45.800 --> 01:33:49.800]  Where were we? The reason I said that is the loss where we were at.
[01:33:49.800 --> 01:33:52.800]  99.6.
[01:33:52.800 --> 01:33:55.800]  Okay, 99.6. Yes.
[01:33:55.800 --> 01:34:01.800]  I have a document on juresimprovements.website.
[01:34:01.800 --> 01:34:04.800]  It's a habeas corpus.
[01:34:04.800 --> 01:34:22.800]  And in that habeas corpus, I demonstrate how every step from arrest to trial as currently practiced in the criminal justice system in state of Texas and in every state I've looked at is not only wrong.
[01:34:22.800 --> 01:34:28.800]  It is very specifically against particular law.
[01:34:28.800 --> 01:34:32.800]  And it's not just against the law.
[01:34:32.800 --> 01:34:37.800]  It's against the law for a very specific purpose.
[01:34:37.800 --> 01:34:54.800]  Things are done the way they're done in order to force anyone accused of crime in a position such that they have no reasonable option to taking a deal when one is offered.
[01:34:54.800 --> 01:35:03.800]  Now, it's one of the things I've been working on and working with for a very long time to try to fix.
[01:35:03.800 --> 01:35:11.800]  It's not enough to find a problem without coming up with a solution.
[01:35:11.800 --> 01:35:25.800]  It took me about 15 years to really figure out what the problem was.
[01:35:25.800 --> 01:35:32.800]  And I've been another 15 years trying to figure out how to fix it.
[01:35:32.800 --> 01:35:42.800]  The primary initial fix is getting examining trials back in the mix.
[01:35:42.800 --> 01:36:01.800]  Those got eliminated not legally, but through a series of seemingly minor adjustments toward adjudicative expediency and administrative convenience.
[01:36:01.800 --> 01:36:06.800]  The officials adjusted what they were doing a little bit at a time.
[01:36:06.800 --> 01:36:23.800]  And nobody raised a red flag so that the minor adjustments which were outside the limits of due process didn't seem so great enough for someone to jump up and down and rail in righteous indignation about.
[01:36:23.800 --> 01:36:31.800]  So they were practiced to the point they became accepted procedure and then another adjustment, another adjustment.
[01:36:31.800 --> 01:36:41.800]  Now some 30 years later we look at it and the practice no longer even resembles the law.
[01:36:41.800 --> 01:36:47.800]  In 1981 I spent a night in jail for driving with a headlight out.
[01:36:47.800 --> 01:36:55.800]  And next day when I got out of jail I got out the penal code and the code of criminal procedure and I read them.
[01:36:55.800 --> 01:37:00.800]  So I'm an engineer. I read them as if they were tech manuals.
[01:37:00.800 --> 01:37:07.800]  And then I looked at the procedure and I thought, have I stepped through the looking glass?
[01:37:07.800 --> 01:37:15.800]  How can the practice be so dramatically different than the code?
[01:37:15.800 --> 01:37:19.800]  And that took about 15 years to get sorted out.
[01:37:19.800 --> 01:37:23.800]  But it wasn't enough to understand what was wrong.
[01:37:23.800 --> 01:37:26.800]  None of that told me how to fix it.
[01:37:26.800 --> 01:37:40.800]  So it took another 15 years to figure out what's fixed was and it is my opinion that the examining trial, if there is to be a fix, is the first step we have to take.
[01:37:40.800 --> 01:37:47.800]  Put that examining trial back into the mix the way it was supposed to be.
[01:37:47.800 --> 01:37:55.800]  Problem, the criminal justice system is like a joggernaut.
[01:37:55.800 --> 01:38:02.800]  How do you get that thing once it's rolling to change its direction?
[01:38:02.800 --> 01:38:11.800]  No, I can tell them what's wrong and I can go down and jump all over a public official or two.
[01:38:11.800 --> 01:38:13.800]  And I've been doing that.
[01:38:13.800 --> 01:38:18.800]  But it's had no great effect.
[01:38:18.800 --> 01:38:20.800]  Okay.
[01:38:20.800 --> 01:38:25.800]  So how do we fix it?
[01:38:25.800 --> 01:38:32.800]  That's what got me pointed toward this electronic lawyer.
[01:38:32.800 --> 01:38:41.800]  What we have to do is put the law in front of these officials in a way that they just cannot annoy.
[01:38:41.800 --> 01:38:44.800]  I'm sorry, ignore it.
[01:38:44.800 --> 01:38:47.800]  They have to pay attention to it.
[01:38:47.800 --> 01:39:02.800]  And the only way I could see to do that was develop something that addressed every single point of law every time the point of law was indicated.
[01:39:02.800 --> 01:39:11.800]  Every time one of these public officials steps a half inch across the legal line, we need to sting them good.
[01:39:11.800 --> 01:39:19.800]  We don't want to wait until they do something really horrible and then get them all thrown out of office and put in jail.
[01:39:19.800 --> 01:39:25.800]  If we do that, all that will happen is they'll get replaced with another one.
[01:39:25.800 --> 01:39:27.800]  With another one, exactly.
[01:39:27.800 --> 01:39:36.800]  But if we start stinging all of them, the first time they step half inch across a legal line, we sting them.
[01:39:36.800 --> 01:39:44.800]  Tim, you were in the court with me when the judge warned me that I could be charged with illegal practice of law.
[01:39:44.800 --> 01:39:52.800]  And after the hearing ended, I went to the bailiff and asked him to arrest the judge and file two class A misdemeanor charges against it.
[01:39:52.800 --> 01:39:55.800]  He said he couldn't do that, though.
[01:39:55.800 --> 01:39:58.800]  Oh, he did. He took them.
[01:39:58.800 --> 01:40:01.800]  He took them, but he didn't do anything with them.
[01:40:01.800 --> 01:40:06.800]  Well, I haven't pursued him, and I will get to him.
[01:40:06.800 --> 01:40:18.800]  But the point of it was the judge is sitting there watching me file criminal charges with the bailiff against him over something he considered to be really minor.
[01:40:18.800 --> 01:40:20.800]  Right.
[01:40:20.800 --> 01:40:30.800]  If we get that done to a judge every time he steps across the line, he's going to start getting reluctant about that.
[01:40:30.800 --> 01:40:48.800]  Tim, right now you have criminal charges with the district attorney against three administrative officers and a lawyer because of what they did in the adjudication of this case.
[01:40:48.800 --> 01:40:56.800]  Now, you're not going to find many public officials who have been put in this position.
[01:40:56.800 --> 01:40:59.800]  Just nobody's been doing it.
[01:40:59.800 --> 01:41:09.800]  And they're all sitting there assuming and hoping that this never actually gets to a grand jury.
[01:41:09.800 --> 01:41:13.800]  But it is going to get to a grand jury.
[01:41:13.800 --> 01:41:21.800]  Now, we can be relatively certain that the grand jury is going to no bill them.
[01:41:21.800 --> 01:41:26.800]  But it's only a relative certainty.
[01:41:26.800 --> 01:41:43.800]  And if you're on the other end of this, if you're one of those members of the administrative hearing, and you get a call from the district attorney's office, the investigator for the district attorney's office,
[01:41:43.800 --> 01:41:54.800]  wanting you to give him reason not to put you in front of a grand jury and have you indicted, how are you going to feel about that?
[01:41:54.800 --> 01:41:55.800]  Right.
[01:41:55.800 --> 01:41:58.800]  What are the chances?
[01:41:58.800 --> 01:42:02.800]  Chances are not that bad.
[01:42:02.800 --> 01:42:16.800]  What happens if there's somebody on that jury that's been screwed over by a municipality and just looking for a way, an opportunity to pay them back?
[01:42:16.800 --> 01:42:19.800]  That's what these officials have to consider.
[01:42:19.800 --> 01:42:36.800]  I put all the highest judges in Texas, all 15 judges of the court criminal appeals in front of a grand jury, because they denied a motion for leave to file a habeas corpus.
[01:42:36.800 --> 01:42:38.800]  They didn't have any power to do that.
[01:42:38.800 --> 01:42:46.800]  The prosecutor gave it to the grand jury, and the grand jury held it from their first day in office to their last day in office.
[01:42:46.800 --> 01:42:52.800]  All 15 of these judges are sitting there wondering if their careers are going to end tomorrow.
[01:42:52.800 --> 01:43:03.800]  If you file a habeas corpus for the Texas Court of Criminal Appeals, they're not going to ask you for a motion for leave to file.
[01:43:03.800 --> 01:43:05.800]  They're going to let you file that.
[01:43:05.800 --> 01:43:08.800]  They cut that garbage out.
[01:43:08.800 --> 01:43:10.800]  It works.
[01:43:10.800 --> 01:43:21.800]  So now we need a tool where you don't have to put somebody through 30 years of legal research to be able to do this.
[01:43:21.800 --> 01:43:35.800]  So we created this tool, and it is detailed, and it is pedantic, and it will sting them for every teensy, teensy, minor little discretion.
[01:43:35.800 --> 01:43:37.800]  We're going to sting them.
[01:43:37.800 --> 01:43:41.800]  And the more minispule in minor, the better.
[01:43:41.800 --> 01:43:45.800]  Some more, it'll frighten them about doing things even more serious.
[01:43:45.800 --> 01:43:47.800]  Hang on, about to go to break.
[01:43:47.800 --> 01:43:52.800]  Randy Kelton, Reels Our Radio, our call in number 512-646-1984.
[01:43:52.800 --> 01:43:54.800]  We'll have a lot of room on the board.
[01:43:54.800 --> 01:43:59.800]  So if you have a question or comment, give us a call. We'll be right back.
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[01:46:22.800 --> 01:46:49.800]  Okay, we are back. Randy Kelton, rule of law radio, and we're talking to Tim in Texas.
[01:46:49.800 --> 01:47:07.800]  And so the idea of this tool was to create something where an ordinary person who doesn't know anything about law or anything to amount to anything
[01:47:07.800 --> 01:47:20.800]  could use this tool and have access to every minor misstep by the public officials they're dealing with.
[01:47:20.800 --> 01:47:28.800]  And it's taken me 10 years, but I think we got it.
[01:47:28.800 --> 01:47:29.800]  Yeah.
[01:47:29.800 --> 01:47:33.800]  We are definitely getting there.
[01:47:33.800 --> 01:47:42.800]  Okay, you were talking about declaratory judgment.
[01:47:42.800 --> 01:47:50.800]  The paper, can I speak about what we're trying to get the court to do at the moment?
[01:47:50.800 --> 01:47:52.800]  Yes, yes.
[01:47:52.800 --> 01:48:14.800]  Well, we're trying to get the district court to do a restraining order against the city until a judgment was forced, a final judgment by the municipal court that refused to hear our challenge to subject matter, jurisdiction,
[01:48:14.800 --> 01:48:23.800]  and then our summary judgment some 72 days later, and then they wouldn't hear us anything.
[01:48:23.800 --> 01:48:25.800]  They wouldn't listen to us.
[01:48:25.800 --> 01:48:29.800]  So then they filed against the district court.
[01:48:29.800 --> 01:48:37.800]  Well, then they came back after us for some other things that weren't a part of the original case.
[01:48:37.800 --> 01:48:50.800]  And my thoughts were that they were trying to get me to just ignore them so that they could start piling charges up on me.
[01:48:50.800 --> 01:48:52.800]  You understand what I'm saying?
[01:48:52.800 --> 01:48:53.800]  Yes.
[01:48:53.800 --> 01:49:08.800]  Okay, so scared me, you know, so we tried to file with the district court, and he's a new sitting judge, and he would not sign for the temporary restraining order.
[01:49:08.800 --> 01:49:15.800]  And all his secretary would say to me was, well, the way that you filed it, he would not sign it.
[01:49:15.800 --> 01:49:21.800]  So then you said, well, we'll file with the district court or the county court.
[01:49:21.800 --> 01:49:33.800]  The county judge was real kind to me, spoke to me on the phone twice or three times, and said that he couldn't do it because it was already in the district court,
[01:49:33.800 --> 01:49:38.800]  and he couldn't just go in there and make changes there.
[01:49:38.800 --> 01:49:47.800]  So I don't know anything, but so you said, well, we're going to try to do is just we're going to try to file it back in the district court.
[01:49:47.800 --> 01:49:56.800]  Well, we looked at the two cases, the one we filed in the district court for the restraining order, and the one that we filed in the county court.
[01:49:56.800 --> 01:50:01.800]  And there was only two minute things that were different.
[01:50:01.800 --> 01:50:10.800]  The one in the district court, there was a couple of things said that weren't said in the one for the county court, but the one for the county court had a mandamus.
[01:50:10.800 --> 01:50:13.800]  The one for the district court did not.
[01:50:13.800 --> 01:50:14.800]  That's it.
[01:50:14.800 --> 01:50:17.800]  We're both nine pages long.
[01:50:17.800 --> 01:50:25.800]  And so if we take the one we had for the county court, we just changed the heading for the district court.
[01:50:25.800 --> 01:50:36.800]  Is it your assumption that the district judge will now look at it and go, oh, okay, now we'll put a restraining order over against the city until I do it.
[01:50:36.800 --> 01:50:51.800]  We'll ask the municipal court to make a final judgment, or did he not answer the first one because it's in his court and now killing us and we have a counter suit against them.
[01:50:51.800 --> 01:50:57.800]  Okay, the county judge misunderstood what was going on.
[01:50:57.800 --> 01:51:10.800]  The county judge assumed that the issue before the court was being addressed by the district court, the issue before the municipal court was somehow in the district court.
[01:51:10.800 --> 01:51:16.800]  It wasn't the only issue in the district court was collection.
[01:51:16.800 --> 01:51:17.800]  Yeah.
[01:51:17.800 --> 01:51:21.800]  So judge could misinterpreted what was going on.
[01:51:21.800 --> 01:51:26.800]  He was afraid of stepping on the toes of the district judge.
[01:51:26.800 --> 01:51:28.800]  But now we'll file this.
[01:51:28.800 --> 01:51:40.800]  So we the things that were taken out of the document where the things that went to the case that the issues that were going on in the district court because those are none of the county courts business.
[01:51:40.800 --> 01:51:49.800]  That's why they were taken out because had nothing to do with what was going in the county court and this is a small courthouse.
[01:51:49.800 --> 01:51:55.800]  There's only one district judge and one county judge and they very quickly found out what was going on.
[01:51:55.800 --> 01:52:00.800]  And the county judge misconstrued what was going on.
[01:52:00.800 --> 01:52:05.800]  Now you tend to think that these judges know what's going on.
[01:52:05.800 --> 01:52:07.800]  Well, maybe they do, maybe they don't.
[01:52:07.800 --> 01:52:11.800]  And a lot of a lot of times they really don't.
[01:52:11.800 --> 01:52:15.800]  They follow what the lawyers bring them.
[01:52:15.800 --> 01:52:18.800]  And since you're not a lawyer.
[01:52:18.800 --> 01:52:26.800]  They didn't trust anything you said so they went and talked to each other and then misconstrued what was going on so we don't care.
[01:52:26.800 --> 01:52:35.800]  We will file this with the county judge and I'm sorry with the district judge and he can't hear it.
[01:52:35.800 --> 01:52:46.800]  And once it's in his hand, he knows what's in his court and he will look at this and say, this is not in my court.
[01:52:46.800 --> 01:52:50.800]  And he'll bump it back to the county court, to Judge Kud.
[01:52:50.800 --> 01:52:59.800]  Once it comes back to Judge Kud from the district court, then the district court's going to, the county court will listen.
[01:52:59.800 --> 01:53:04.800]  We could tell him that he's making a mistake, but he's not going to pay attention to us.
[01:53:04.800 --> 01:53:10.800]  When the district judge tells him he's making a mistake, he'll pay attention to the district judge.
[01:53:10.800 --> 01:53:11.800]  Okay.
[01:53:11.800 --> 01:53:15.800]  So it's just a matter of having to go through these steps.
[01:53:15.800 --> 01:53:18.800]  Right.
[01:53:18.800 --> 01:53:37.800]  Well, one thing I noticed, I've been watching a lot of YouTube videos, and it said, if you listen to the judges, when your pro say, a lot of times they're trying to direct you in the right way.
[01:53:37.800 --> 01:53:45.800]  And one thing that I remember that the judge, you were there when they filed for the restraining order.
[01:53:45.800 --> 01:53:56.800]  You were in Tennessee when we had to go back 10 days later and that judge rejected our challenged subject matter jurisdiction there.
[01:53:56.800 --> 01:54:08.800]  But a couple of things is that when he had the code enforcement officer on the stand, he was showing him photos of cars.
[01:54:08.800 --> 01:54:14.800]  And the judge was saying, hmm, looks like these cars have been moved around.
[01:54:14.800 --> 01:54:15.800]  Okay.
[01:54:15.800 --> 01:54:22.800]  So in other words, they weren't just junk vehicle sitting there because that's what the person gets in his mind, junk vehicle.
[01:54:22.800 --> 01:54:24.800]  No, this is a repair facility.
[01:54:24.800 --> 01:54:36.800]  So when he said that, I thought to myself, yeah, they have been moved around, but I didn't say anything because my wife had my pant leg wouldn't let me say anything that day.
[01:54:36.800 --> 01:54:42.800]  So just afraid I'd say the wrong thing and I probably would have.
[01:54:42.800 --> 01:54:54.800]  But the only thing that I had was the challenge, the subject matter jurisdiction, but it appeared to me that the judge was trying to show me that I could have said, yeah, those vehicles have been moved around.
[01:54:54.800 --> 01:54:59.800]  But this isn't really a trial on the merits.
[01:54:59.800 --> 01:55:03.800]  They're saying that the trial on the merits has already happened.
[01:55:03.800 --> 01:55:21.800]  And so they're following suit, I'm talking about the city attorney, they're following suit, trying to sue me and district court to get me to pay that as a punishment, also administrative fees and however much more they can get out of me.
[01:55:21.800 --> 01:55:27.800]  My entire case is that it's a challenge to subject matter jurisdiction.
[01:55:27.800 --> 01:55:32.800]  And when they didn't answer that they have to when they didn't.
[01:55:32.800 --> 01:55:37.800]  And now it's a, we asked for a summary judgment.
[01:55:37.800 --> 01:55:40.800]  They refuse that and then that's when they sued us.
[01:55:40.800 --> 01:55:46.800]  And so our whole case, even before the district court now is the same thing.
[01:55:46.800 --> 01:55:49.800]  It is a challenge.
[01:55:49.800 --> 01:55:50.800]  Exactly.
[01:55:50.800 --> 01:55:53.800]  And we just have to follow these steps.
[01:55:53.800 --> 01:55:58.800]  The county judge acted improperly.
[01:55:58.800 --> 01:56:08.800]  We have to take it to the district judge and get the district judge to tell the county judge that he acted improperly.
[01:56:08.800 --> 01:56:13.800]  And they will bump back to the county judge and then the county judge will look at it.
[01:56:13.800 --> 01:56:22.800]  And if the county judge doesn't, then we go to the court criminal court of appeals and get them to tell the county judge what he's supposed to do.
[01:56:22.800 --> 01:56:25.800]  It's just a matter of going through the steps.
[01:56:25.800 --> 01:56:29.800]  The one thing about litigation is it takes a long time.
[01:56:29.800 --> 01:56:32.800]  And that's how they get everybody to surrender.
[01:56:32.800 --> 01:56:35.800]  Yes.
[01:56:35.800 --> 01:56:44.800]  But now, but now the problem they're having is, is while they're coming after you, you're going after them.
[01:56:44.800 --> 01:56:49.800]  Right now they're all sitting there wondering if they're going to get indicted.
[01:56:49.800 --> 01:56:51.800]  You think you're sweating it.
[01:56:51.800 --> 01:56:54.800]  I guarantee you they're sweating it big time.
[01:56:54.800 --> 01:57:02.800]  You're not looking at you're in prison, $10,000 fine, they are.
[01:57:02.800 --> 01:57:09.800]  So they're not going to come to you and tell you, oh my goodness, you've beaten me up really bad.
[01:57:09.800 --> 01:57:15.800]  They're going to sit there and keep their mouth shut and hope you don't know how much trouble you're causing them.
[01:57:15.800 --> 01:57:20.800]  But this lawyer, you may wind up ending her career.
[01:57:20.800 --> 01:57:29.800]  She's read the pleadings and she know where her bosses almost certainly read the pleadings.
[01:57:29.800 --> 01:57:37.800]  And they will have responded pretty much like Greg Lowry, the district attorney did.
[01:57:37.800 --> 01:57:44.800]  And I told her, she told me, I didn't realize she was the first year in office, the first year as a lawyer.
[01:57:44.800 --> 01:57:48.800]  And he said, yeah, she don't know anything.
[01:57:48.800 --> 01:57:53.800]  Obviously she didn't know anything because he looked at this and said, they can't do this.
[01:57:53.800 --> 01:57:58.800]  And her bosses looked at it and probably told her, you can't do this.
[01:57:58.800 --> 01:58:01.800]  And her only hope is, is that we'll go away.
[01:58:01.800 --> 01:58:11.800]  Now we've got criminal charges with the district attorney against her and I'm sure that she's been told that this is the same guy
[01:58:11.800 --> 01:58:21.800]  that presented the district judge to the grand jury for first degree family aggravated assault because had a baby, touch him.
[01:58:21.800 --> 01:58:23.800]  Oh my Lord.
[01:58:23.800 --> 01:58:26.800]  So if you're on the other end of this, what are you going to be thinking?
[01:58:26.800 --> 01:58:30.800]  Holy crap, I'm toast.
[01:58:30.800 --> 01:58:32.800]  Hang on, hang on.
[01:58:32.800 --> 01:58:33.800]  About to go to break.
[01:58:33.800 --> 01:58:40.800]  Randy Kelton, Voodoo Law Radio, our call in number 512-646-1984.
[01:58:40.800 --> 01:58:44.800]  We've got room on the call board, so if you have a question or comment, give us a call.
[01:58:44.800 --> 01:58:49.800]  We'll be right back.
[01:58:49.800 --> 01:58:57.800]  The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it.
[01:58:57.800 --> 01:59:05.800]  Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the Scripture.
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[01:59:08.800 --> 01:59:17.800]  First, this new translation is extremely faithful and accurate, but the real story is the more than 9,000 explanatory footnotes.
[01:59:17.800 --> 01:59:27.800]  Difficult and profound passages are opened up in a marvelous way, providing an entrance into the riches of the Word beyond which you've ever experienced before.
[01:59:27.800 --> 01:59:32.800]  Bibles for America would like to give you a free recovery version simply for the asking.
[01:59:32.800 --> 01:59:43.800]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[01:59:43.800 --> 01:59:47.800]  or by ordering online at freestudybible.com.
[01:59:47.800 --> 02:00:03.800]  You are listening to the Logos Radio Network. LogosRadioNetwork.com.