[00:00.000 --> 00:08.080]  The following news flash is brought to you by The Lone Star Lowdown.
[00:08.080 --> 00:14.080]  Markets for Monday, the 8th of January, 2018, opened with gold at $1,320.02 an ounce, silver
[00:14.080 --> 00:23.240]  $17.20 an ounce, Texas Crude $61.44 a barrel, Bitcoin $16,020.30, while Bitcoin cashed at
[00:23.240 --> 00:35.080]  $2,757.56, finally dash coins at $1,284.36, a crypto coin.
[00:35.080 --> 00:40.840]  Today in history, the year 1835, the United States government national debt is zero for
[00:40.840 --> 00:45.880]  the first time and presumably only time in the government's existence. Zero government
[00:45.880 --> 00:50.640]  debt? Today in history.
[00:50.640 --> 00:54.480]  For recent news, the president will undergo a two-hour physical exam which will include
[00:54.480 --> 00:58.640]  urine blood analysis, cardiac evaluation, and some more personal prying with sleeping
[00:58.640 --> 01:03.040]  habits and even his romantic life being discussed with the multi-administration presidential
[01:03.040 --> 01:07.920]  physician. It seems the president may be wanting to later rest the recent lineup of criticisms
[01:07.920 --> 01:11.840]  questioning his mental health and stability. Apparently some of the president's more recent
[01:11.840 --> 01:16.480]  tweets directed towards North Korea's Kim Jong Un and the author of the book Fire and
[01:16.480 --> 01:21.120]  Fury, Michael Wolfe, has many thinking that the president should perhaps be more articulate
[01:21.120 --> 01:23.400]  and less rash with his tweets.
[01:23.400 --> 01:30.120]  The U.S. District Court Judge Gloria Nambarro dismissed cases against Nevada Rancher Clive
[01:30.120 --> 01:34.800]  and Bundy, two sons and a Montana militiaman today. Judge ruled that the government's
[01:34.800 --> 01:40.360]  lawyers suppressed footage from several cameras that were set up by the FBI around the Bundy's
[01:40.360 --> 01:44.400]  family home that would have been favorable in the defendant's case when Mr. Bundy was
[01:44.400 --> 01:48.760]  released today Monday after leaving the courthouse, he told reporters that I've been a political
[01:48.760 --> 01:53.560]  prisoner for 700 days. He hadn't seen his wife for nearly two years due to the fact
[01:53.560 --> 01:57.680]  that he had refused any conditional release, which required him to forfeit his trial by
[01:57.680 --> 02:01.400]  jury rights.
[02:01.400 --> 02:05.720]  Former Google engineer James D'Amour filed a class action lawsuit against the Alphabet
[02:05.720 --> 02:10.480]  Corporation on Monday claiming that it discriminates against white men and those with conservative
[02:10.480 --> 02:15.080]  leaning views. D'Amour was terminated for dismantling a memo, essentially questioning
[02:15.080 --> 02:19.760]  the company's diversity policies. The suit is basically arguing that Google employees
[02:19.760 --> 02:24.480]  who express views deviating from corporate sentiments on politics and practices like
[02:24.480 --> 02:31.160]  diversity hiring policies by a sensitivity and social justice were singled out, mistreated
[02:31.160 --> 02:34.200]  and systematically punished and terminated from Google.
[02:34.200 --> 02:38.440]  Google spokesman Tasha Carr sent a response that we look forward to defending against
[02:38.440 --> 02:45.440]  Mr. D'Amour's lawsuit in court.
[03:08.440 --> 03:37.440]  Okay, we are back. Randy Kelton, Roodle Law Radio. And we're talking to Brett in Texas,
[03:37.440 --> 03:49.280]  okay, there we go. Okay, I'm trying to, when I go after a jurisdiction like this, I'd
[03:49.280 --> 03:58.400]  like to write out a complaint in the form of a novella or just a short story. I write
[03:58.400 --> 04:06.240]  out the whole story, but I write it in a way that I move from one criminal accusation to
[04:06.240 --> 04:13.760]  the next on jurisimprudence.website. If you click the Cherokee County button, there's
[04:13.760 --> 04:20.000]  a folder in there for complaints. And you go into that one, I have about 35 complaints
[04:20.000 --> 04:31.000]  I filed against them. And at the very bottom, I have a statement. And when I wrote the statement,
[04:31.000 --> 04:40.720]  it was in the form of a story. I went from one happening to the next and wrote out the
[04:40.720 --> 04:47.240]  narrative of what happened with the idea that I will take this section of narrative that
[04:47.240 --> 04:52.760]  talks about one thing that happened and open up a criminal complaint, take this section
[04:52.760 --> 04:59.720]  out and drop it in the criminal complaint as the grounds for the complaint so that grand
[04:59.720 --> 05:06.000]  jury gets it. They read the statement, and then they read the complaints because each
[05:06.000 --> 05:10.880]  complaint is separate. They have to look at each one. And when they read what's in the
[05:10.880 --> 05:20.120]  complaint, it's the same thing that was in the statement. So it orients them over into
[05:20.120 --> 05:28.520]  the overall context of the complaint, if that makes sense. So it's easier for the reader
[05:28.520 --> 05:33.800]  to fit these in. And like where I have the judge and the prosecutor acting in concert
[05:33.800 --> 05:40.200]  and collusion. Then I drop the section that describes that in the complaint. And at the
[05:40.200 --> 05:46.840]  bottom, I put the judge's name on the first one. And then I remove the, save it, remove
[05:46.840 --> 05:54.840]  the judge's name, put the prosecutor's name on it and save that. So it bills out documents
[05:54.840 --> 06:04.520]  fairly quickly. But if I go into the, build a questionnaire and build a questionnaire in
[06:04.520 --> 06:14.280]  a way that it constructs the sequence of events in chronological order, then at each point
[06:14.280 --> 06:23.920]  of where I establish enough facts to make an accusation, then I put in an argument, we
[06:23.920 --> 06:32.320]  should be able to get a document that just construct itself within very easily. Does that
[06:32.320 --> 06:34.720]  sound interesting, Brett?
[06:34.720 --> 06:40.400]  Well, it sounds that way, yes.
[06:40.400 --> 06:44.120]  They have a timeline of events.
[06:44.120 --> 06:45.640]  I do.
[06:45.640 --> 06:52.160]  Good. That's a perfect thing to work for. We take the timeline and it keeps us oriented
[06:52.160 --> 06:59.800]  in time. When I started doing that, that became far more important than I would have imagined
[06:59.800 --> 07:06.640]  because I went in to argue issues and I'm arguing the issue in the wrong place and the
[07:06.640 --> 07:12.680]  prosecutor come back and trip and highlighted that and just blew me out of the water. I
[07:12.680 --> 07:19.520]  did that two or three times. It was really frustrating. That's when I got to work to
[07:19.520 --> 07:25.440]  figure out how do we fix this? With those Cherokee County complaints, that garbage wouldn't
[07:25.440 --> 07:32.200]  happen because everything is written right in order. We build a timeline and then we
[07:32.200 --> 07:40.080]  figure out how we want to go after these guys and then we flesh in the timeline with narrative
[07:40.080 --> 07:46.560]  and then we use the narrative to fill in the complaints. I think we can build something
[07:46.560 --> 07:55.080]  really powerful. From my perspective, the traffic ticket site, the most profound effect
[07:55.080 --> 08:03.880]  it will have is not in the original pleadings. It's in responding to how the judges blow
[08:03.880 --> 08:11.920]  off the original pleadings. That's when we really make it hot for them. We don't care
[08:11.920 --> 08:19.040]  about the original pleadings. We want them to screw it up. So for you, they were very
[08:19.040 --> 08:29.840]  accommodating. What do you mean? I mean, they did everything wrong they could. Oh, that
[08:29.840 --> 08:35.400]  kind of accommodating. Yeah. Never asked the public official to do anything he actually
[08:35.400 --> 08:40.400]  wanted them to do because she never asked them to do anything the law doesn't command
[08:40.400 --> 08:46.560]  them to do. So when they don't, you could land right on square in the middle of them.
[08:46.560 --> 08:56.560]  When you get to, okay, is Richardson in Dallas County? It actually covers Dallas and Collin,
[08:56.560 --> 09:02.760]  but they're trying it in Dallas County. Okay. Then you start going to the district attorney
[09:02.760 --> 09:10.280]  in Dallas County with complaint after complaint after complaint after complaint. Every time
[09:10.280 --> 09:14.680]  the census against the public official, every time the prosecutor doesn't give it to the
[09:14.680 --> 09:19.520]  grand jury, you file a complaint. The next complaint you file has one against the district
[09:19.520 --> 09:27.280]  attorney. He is going to be going to the district, the three of the Dallas County district judges,
[09:27.280 --> 09:32.120]  and I've got them to touch my tar baby, three of them already. And I've still got a few
[09:32.120 --> 09:40.160]  left that I can use if I'm hoping to get some good results. But so far, they've all touched
[09:40.160 --> 09:49.320]  it. I've done this before, and I'm sure you will agree with me. Creating these documents
[09:49.320 --> 10:01.600]  is time consuming. It's a lot of work. If we're going to shut down traffic enforcement
[10:01.600 --> 10:07.880]  in Texas, we're going to have to take the work out of it. And that's why I'm so excited
[10:07.880 --> 10:16.880]  about this traffic ticket website coming online. It does all the work for people. Brett, for
[10:16.880 --> 10:25.120]  you to do this, you had to really be dedicated. You had to spend a lot of time and work to
[10:25.120 --> 10:31.200]  be able to follow through on this. Same thing with Scott. Everybody else who's taking these
[10:31.200 --> 10:38.680]  down. I've got a couple of people in Houston that's really going after them. But it's time
[10:38.680 --> 10:45.640]  consuming. It's a lot of work. So if we get this site structured, I take all your work
[10:45.640 --> 10:56.880]  and steal it. I'm an accomplished plagiarist. Heck, that's what I do. And we take all that,
[10:56.880 --> 11:01.560]  all the work that we're doing here to build these documents and turn it into an automated
[11:01.560 --> 11:10.040]  process and then let everybody start using it. We'll stop having to go to court over
[11:10.040 --> 11:16.120]  tickets. Because these jurisdictions are going to have to find another way to gather up their
[11:16.120 --> 11:27.360]  illegal taxes because traffic's not going to work for them. And I just have this idea.
[11:27.360 --> 11:32.440]  From talking to judges and prosecutors for quite a while now, I'm coming to the opinion
[11:32.440 --> 11:41.080]  that they're not such bad guys as we think they are. You got this judge who sits up here
[11:41.080 --> 11:48.880]  and has 100 people in a day come up and all of them tell the same story. Oh, judge, I'm
[11:48.880 --> 11:56.400]  innocent. I'm being railroaded. They hear this over and over and over and over. They
[11:56.400 --> 12:07.000]  just get immune to it. And like this judge, she's got business. She's used to people coming
[12:07.000 --> 12:15.160]  in, complaining. And then she blows them off and they do nothing. She's not used to viewing
[12:15.160 --> 12:24.080]  the public she's dealing with as the most dangerous person in the room. She needs to
[12:24.080 --> 12:30.320]  have to worry about every single one of them because she never knows which one is going
[12:30.320 --> 12:37.840]  to literally drop the sky on her. Because you start filing all these complaints. Especially
[12:37.840 --> 12:48.480]  if we can get 1% of the people they write tickets to to take these guys on, it will literally
[12:48.480 --> 12:54.720]  shut them down. They won't be able to keep a judge. And once we've blown Alpha, ruined
[12:54.720 --> 13:03.760]  a couple of judges' professional careers, it's not what I want to do. But if they earned
[13:03.760 --> 13:09.200]  it and it sounds like this one's earning it, then a couple of those guys get stung real
[13:09.200 --> 13:14.680]  good. All the rest of the judges are going to look at that and say, holy mackerel. Yeah,
[13:14.680 --> 13:19.880]  we come down here to the municipal courts and grubbing for chump change. And then we
[13:19.880 --> 13:29.160]  get our some two-bit pro-sale on a ticket blow out my career. They're not going to
[13:29.160 --> 13:40.320]  be able to hire judges. They won't be able to afford it. And we're not doing anything
[13:40.320 --> 13:49.840]  subversive. I've been called a paper terrorist. Excuse me. I'm just following law. You know,
[13:49.840 --> 13:59.480]  just kill the messenger, right? I didn't write these codes. But so far with the ticket thing,
[13:59.480 --> 14:06.120]  the second round is the big deal. You let them do what they want to upfront. The second
[14:06.120 --> 14:12.920]  round, when you start coming back after them, everything changes. I will get ahold of Jason,
[14:12.920 --> 14:20.960]  Scott, and I got one more guy down there, James Coon. I'll see if I can get all of us
[14:20.960 --> 14:28.640]  together. Let's hash out a set of questionnaires for this. We'll kind of put together our experiences
[14:28.640 --> 14:36.280]  of what happened and then build a questionnaire and an associated set of documents and see
[14:36.280 --> 14:41.640]  if we can start winding their clocks better. I've got the front end almost finished. I'll
[14:41.640 --> 14:52.680]  have it up. I have questionnaires for, we've got due process, not due process, probable
[14:52.680 --> 15:00.320]  cause. Probable cause for the original stop. And from probable cause, I go to the flight
[15:00.320 --> 15:06.760]  to evade. First thing we want to say is, does the officer have the authority to make the
[15:06.760 --> 15:13.760]  stop in the first place? And then when he turned his lights on, did you stop? The flight
[15:13.760 --> 15:22.280]  to evade follows in that direct order. And then after that, fail to identify. And I have
[15:22.280 --> 15:30.520]  each, everything that due process wise, I have questionnaires made up for. They need
[15:30.520 --> 15:37.120]  some work on them to complete them, but soon we'll have that whole front end completely
[15:37.120 --> 15:44.280]  done. And we will pull so many complaints out of this, they will not believe it. And
[15:44.280 --> 15:50.120]  when people can just go on the website, answer the questions and boom, it spits them out,
[15:50.120 --> 15:55.080]  we'll shut them down. So I'll see if I can get a hold of these other guys and see if
[15:55.080 --> 16:00.720]  we can get a conference call together. You interested, Brett?
[16:00.720 --> 16:07.120]  Yeah, man. You mentioned a little while ago about a suit, about being able to put...
[16:07.120 --> 16:12.640]  Oh, Sue the judge. Yeah, Sue the judge personally.
[16:12.640 --> 16:16.760]  I'm getting pretty good at criminal complaints and judicial misconduct. I'm getting good at
[16:16.760 --> 16:20.400]  writing all these motions and putting them in the right place and reaching out to different
[16:20.400 --> 16:25.480]  people involved, but I don't know how to write a suit. I don't know what...
[16:25.480 --> 16:33.080]  I just happened to have a template for that. And I could build one specifically for Sue
[16:33.080 --> 16:41.800]  the judge for lack of subject matter jurisdiction. So we'll talk about that Sunday. I've got
[16:41.800 --> 16:46.640]  some... Caller board is beginning to fill up. Do you have anything else, Brett?
[16:46.640 --> 16:56.800]  I guess nothing. No, I'm not trying to get you to go. Hang on, we'll pick this up on
[16:56.800 --> 16:59.000]  the other side. We'll be right back.
[16:59.000 --> 17:03.400]  Dang, Cookie. Cookie? We love cookies.
[17:03.400 --> 17:06.520]  Oh, hi, Cookie Munchers. No, these are yucky cookies.
[17:06.520 --> 17:09.640]  Cookie? Yucky? No, no bad cookies.
[17:09.640 --> 17:12.680]  You can't even eat these cookies. These are cyber cookies.
[17:12.680 --> 17:16.360]  No cookies? No, they are cyber cookies and they clog up
[17:16.360 --> 17:18.480]  your computer. They have apples.
[17:18.480 --> 17:21.600]  Really? Oh, that's an actual apple.
[17:21.600 --> 17:26.240]  Yummy apple. I'm going to throw away these yucky cookies
[17:26.240 --> 17:33.120]  in the trash. I click control, shift, delete, and then scroll down to cookie and clear them.
[17:33.120 --> 17:38.280]  Bye bye, yucky cookies. Now I go to logosradionetwork.com and I click
[17:38.280 --> 17:43.880]  on the Amazon box on the upper right hand side, bookmark the link, and I can go to Amazon
[17:43.880 --> 17:47.360]  through this link and order you some yummy new cookie.
[17:47.360 --> 17:51.280]  No cookies? For me? Consider it an early Christmas present.
[17:51.280 --> 17:56.040]  And every time I order on Amazon, I go through this link and I give a little present to this
[17:56.040 --> 17:58.640]  radio network too. See you for cookie.
[17:58.640 --> 18:02.760]  See you for classified. Are you being harassed by debt collectors
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[19:00.640 --> 19:10.640]  You are listening to the Logos Radio Network. LogosRadioNetwork.com.
[19:10.640 --> 19:17.640]  Well, don't let nothing get to you. Only the father can do it by you.
[19:17.640 --> 19:23.640]  So don't let bad-mind people hurt you. I'm gonna say something. Get behind.
[19:23.640 --> 19:45.640]  Okay, we are back. Randy Kelton, rule of law radio, and we're talking to Brett in Texas.
[19:45.640 --> 19:53.640]  And Brett, I wasn't trying to blow you off. You've got 99 filings. We need to get this
[19:53.640 --> 20:00.640]  sorted out so we can walk down through them in a logical order.
[20:00.640 --> 20:07.640]  I think you were trying to blow me off. I just didn't want to know that even as much as I've
[20:07.640 --> 20:12.640]  got into this case, I wanted to let you know about something that I discovered, and it's
[20:12.640 --> 20:19.640]  going to open up nine other cases that were from how many, 15 years back, and I'm going
[20:19.640 --> 20:26.640]  to be able to get them all dealt with by the presiding regional judge.
[20:26.640 --> 20:35.640]  In the Texas rules of judicial administration, which is what this presiding judge of the
[20:35.640 --> 20:39.640]  administrative judicial region, they call her the presiding regional judge.
[20:39.640 --> 20:46.640]  And so he's called the head administrative judge of the district.
[20:46.640 --> 20:50.640]  I'm not seeing that phrase, but okay.
[20:50.640 --> 20:57.640]  I think that's what it says in the code. Okay, you may be right.
[20:57.640 --> 21:02.640]  The only way I've ever heard him referred to is head administrative judge of the district.
[21:02.640 --> 21:06.640]  Anyway, go ahead. I'll quit interrupting.
[21:06.640 --> 21:15.640]  All right, so there's a rule 11.3 and 11.4 that if I'm reading it right, I'm going to
[21:15.640 --> 21:24.640]  summarize it as meaning that I can make a motion to this presiding judge to roll up all these
[21:24.640 --> 21:26.640]  other cases.
[21:26.640 --> 21:30.640]  They have to be pending cases, and there has to be one of them that's at least as old as
[21:30.640 --> 21:32.640]  September 97.
[21:32.640 --> 21:39.640]  I think what so happens that I have one, my first speeding ticket ever was in, I think
[21:39.640 --> 21:41.640]  it was June of 97.
[21:41.640 --> 21:49.640]  So it barely stretches across that line, which means all of my cases fall into the preview
[21:49.640 --> 21:55.640]  of that rule, and I made a motion and I laid it all out.
[21:55.640 --> 22:00.640]  Okay, wait, wait. What does the rule say in substance?
[22:00.640 --> 22:06.640]  What does it say in substance? I mean, I'll quote it, but essentially what does the rule
[22:06.640 --> 22:09.640]  say?
[22:09.640 --> 22:17.640]  It says that there can be a motion for the presiding judge to assign a pretrial judge
[22:17.640 --> 22:24.640]  instead of whoever the trial court would normally have for a pretrial judge.
[22:24.640 --> 22:30.640]  And the person that gets assigned can be herself, himself or herself.
[22:30.640 --> 22:36.640]  So in the administrative judicial region, they don't normally do things like that.
[22:36.640 --> 22:44.640]  But this particular rule says that they can, but they can only do it on motion of a party
[22:44.640 --> 22:47.640]  or on a motion of the trial court judge.
[22:47.640 --> 22:52.640]  The trial court judge can step up and say to the presiding regional judge, hey, I want
[22:52.640 --> 23:01.640]  to find somebody to do this pretrial, or I can do that as a party to one of the cases.
[23:01.640 --> 23:07.640]  I can say I want, there has to be more than one case, and one of them has to be older
[23:07.640 --> 23:14.640]  than September 97, and the other one has to be newer than, I think it was October 2002,
[23:14.640 --> 23:19.640]  or I can't remember, which, but it's easily a current case.
[23:19.640 --> 23:24.640]  So somehow that doesn't make sense.
[23:24.640 --> 23:27.640]  There's something I don't understand.
[23:27.640 --> 23:29.640]  Okay, this is in the.
[23:29.640 --> 23:33.640]  That motion is that there's going to be, you have to point out.
[23:33.640 --> 23:34.640]  Oh, wait, wait.
[23:34.640 --> 23:37.640]  What code is in again?
[23:37.640 --> 23:47.640]  The Texas Rules of Judicial Administration.
[23:47.640 --> 23:52.640]  That has to be some kind of special rule for some special purpose.
[23:52.640 --> 23:58.640]  It's odd, you know, it has to be older than 97 and one newer than October.
[23:58.640 --> 24:04.640]  There has to be some special reason in there.
[24:04.640 --> 24:06.640]  Okay, I don't know what to tell you about the timing.
[24:06.640 --> 24:13.640]  I don't know why they put those dates, but what I'm reading there is that they want to be able
[24:13.640 --> 24:24.640]  to consolidate into one pretrial all of the common related issues of facts and law into one pretrial.
[24:24.640 --> 24:35.640]  And they want the presiding regional judge to assign a pretrial judge or be the pretrial judge.
[24:35.640 --> 24:39.640]  That does, I love that kind of stuff.
[24:39.640 --> 24:43.640]  They're really technical sort of stuff.
[24:43.640 --> 24:47.640]  So that sounds for me.
[24:47.640 --> 24:51.640]  And so I filed with every one of these old cases.
[24:51.640 --> 24:56.640]  I filed a challenge to jurisdiction and that they needed to mark that case.
[24:56.640 --> 25:00.640]  If they had already closed it, you're not going to properly must it as closed.
[25:00.640 --> 25:08.640]  They needed to update that status right away because I'm telling the jurisdiction and I attached a laundry list of case law saying that
[25:08.640 --> 25:14.640]  jurisdiction can be challenged at any time.
[25:14.640 --> 25:16.640]  Yeah, no matter how remote in history.
[25:16.640 --> 25:18.640]  Okay, I see why that's pertinent.
[25:18.640 --> 25:23.640]  I have Rule 11 of pretrial proceedings in certain cases.
[25:23.640 --> 25:44.640]  Applicability this rule applies to any case file before September 1st 2003 that involves material questions of fact and law in common with another case pending in another court in another county on or after October 1st to 1997.
[25:44.640 --> 25:54.640]  Oh, two definitions.
[25:54.640 --> 26:13.640]  That's where I'm at by presiding judge on by presiding judge on motion or request under 11.4 presiding judge may assign an active district judge, including himself or herself to a case to conduct all pretrial proceedings and decide all
[26:13.640 --> 26:15.640]  pretrial matters.
[26:15.640 --> 26:24.640]  Authority of pretrial judge, pretrial judge will preside over all pretrial proceedings in the case in place of the regular judge.
[26:24.640 --> 26:31.640]  The pretrial judge will decide all pretrial motions, including motions to transfer venue and motion summary judgment.
[26:31.640 --> 26:36.640]  The pretrial judge and the regular judge must consult on setting a trial date.
[26:36.640 --> 26:43.640]  Different judges assigned the same pretrial judge need not be assigned in all related cases.
[26:43.640 --> 26:55.640]  If more than one pretrial judge is assigned in related cases, either in the same region or in different regions, the pretrial judge must consult with each other in conducting pretrial proceedings.
[26:55.640 --> 27:00.640]  This sounds like a jointer way out in another part of Texas.
[27:00.640 --> 27:05.640]  They can just consult with each other.
[27:05.640 --> 27:10.640]  There's a reference to district judge.
[27:10.640 --> 27:21.640]  I wonder if there's any case law here restricting this to a felony.
[27:21.640 --> 27:38.640]  The presiding judge, this reference to a district judge, presiding judge may act as a law, pretrial administrating, authority of pretrial judge, pretrial judge should preside.
[27:38.640 --> 27:42.640]  Oh, where did I see district judge?
[27:42.640 --> 27:56.640]  So it is first one a presiding judge on motion or request under 11.4 a presiding judge may assign an active district judge.
[27:56.640 --> 28:06.640]  So if this would apply to an invisible case, then a district judge would do the pretrial.
[28:06.640 --> 28:15.640]  And if you're going for subject matter jurisdiction, that's a great idea.
[28:15.640 --> 28:28.640]  I've had cases before 97 traffic cases and after 97 and probably every year in between.
[28:28.640 --> 28:36.640]  Did you say 47?
[28:36.640 --> 28:41.640]  I've had it when I joined the military, they pulled out my sheet on traffic tickets.
[28:41.640 --> 28:45.640]  It was two pages.
[28:45.640 --> 28:50.640]  When I grew up in Chicago, cops, they're always there with their hand out.
[28:50.640 --> 28:55.640]  You give them 20 bucks and they won't write the ticket.
[28:55.640 --> 28:59.640]  Anyway, this is a great idea.
[28:59.640 --> 29:02.640]  I'm waiting to hear back right now about that.
[29:02.640 --> 29:06.640]  I have not gotten that particular presiding regional judge.
[29:06.640 --> 29:11.640]  I've said several things already and she's been very quick to respond to her.
[29:11.640 --> 29:17.640]  But this week she's in four days and there's no response.
[29:17.640 --> 29:20.640]  She's scratching her head, going to the law clerks.
[29:20.640 --> 29:29.640]  Good, you might do a search for Texas rules of interstated procedure 11.3 case law.
[29:29.640 --> 29:35.640]  And see if you get any hits on case law on that.
[29:35.640 --> 29:38.640]  Okay, hang on, about to go to break.
[29:38.640 --> 29:39.640]  I really need to move on.
[29:39.640 --> 29:42.640]  We're getting a board full of callers now.
[29:42.640 --> 29:44.640]  We need to talk next week.
[29:44.640 --> 29:46.640]  You've been too much of a stranger.
[29:46.640 --> 29:51.640]  You've got too much cool stuff going on.
[29:51.640 --> 29:52.640]  Okay, thank you, Brett.
[29:52.640 --> 29:53.640]  We're going to break.
[29:53.640 --> 29:58.640]  Randy Kelsen, rule of law radio or call in number 512-646-1984.
[29:58.640 --> 30:03.640]  We'll be right back.
[30:03.640 --> 30:05.640]  Quick, clench your fists.
[30:05.640 --> 30:10.640]  A military contractor has developed a scanner that can read your fingerprints from a distance.
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[30:19.640 --> 30:22.640]  When you give up data about yourself, you'll never get it back again.
[30:22.640 --> 30:27.640]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:27.640 --> 30:29.640]  So protect your rights.
[30:29.640 --> 30:33.640]  Say no to surveillance and keep your information to yourself.
[30:33.640 --> 30:35.640]  Privacy, it's worth hanging on to.
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[32:13.640 --> 32:18.640]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity,
[32:18.640 --> 32:20.640]  and most importantly, the right to due process of law.
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[33:25.640 --> 33:50.640]  I won't let you pull the wool over my eyes
[33:50.640 --> 34:00.640]  I will not let you pull the wool over my eyes
[34:00.640 --> 34:10.640]  I will not let you pull the wool over my eyes
[34:10.640 --> 34:20.640]  I will not let you pull the wool over my eyes
[34:20.640 --> 34:30.640]  I will not let you pull the wool over my eyes
[34:30.640 --> 34:40.640]  I will not let you pull the wool over my eyes
[34:40.640 --> 34:50.640]  I will not let you pull the wool over my eyes
[34:50.640 --> 35:00.640]  I will not let you pull the wool over my eyes
[35:00.640 --> 35:10.640]  I will not let you pull the wool over my eyes
[35:10.640 --> 35:20.640]  I will not let you pull the wool over my eyes
[35:20.640 --> 35:30.640]  I will not let you pull the wool over my eyes
[35:30.640 --> 35:40.640]  I will not let you pull the wool over my eyes
[35:40.640 --> 35:50.640]  I will not let you pull the wool over my eyes
[35:50.640 --> 36:00.640]  I will not let you pull the wool over my eyes
[36:00.640 --> 36:10.640]  I will not let you pull the wool over my eyes
[36:10.640 --> 36:30.640]  I will not let you pull the wool over my eyes
[36:30.640 --> 36:50.640]  I will not let you pull the wool over my eyes
[36:50.640 --> 37:10.640]  I will not let you pull the wool over my eyes
[37:10.640 --> 37:30.640]  I will not let you pull the wool over my eyes
[37:30.640 --> 37:50.640]  I will not let you pull the wool over my eyes
[37:50.640 --> 38:10.640]  I will not let you pull the wool over my eyes
[38:10.640 --> 38:30.640]  I will not let you pull the wool over my eyes
[38:30.640 --> 38:50.640]  I will not let you pull the wool over my eyes
[38:50.640 --> 39:10.640]  I will not let you pull the wool over my eyes
[39:10.640 --> 39:30.640]  I will not let you pull the wool over my eyes
[39:30.640 --> 39:50.640]  I will not let you pull the wool over my eyes
[39:50.640 --> 40:10.640]  I will not let you pull the wool over my eyes
[40:10.640 --> 40:30.640]  I will not let you pull the wool over my eyes
[40:30.640 --> 40:50.640]  I will not let you pull the wool over my eyes
[40:50.640 --> 41:10.640]  I will not let you pull the wool over my eyes
[41:10.640 --> 41:30.640]  I will not let you pull the wool over my eyes
[41:30.640 --> 41:50.640]  I will not let you pull the wool over my eyes
[41:50.640 --> 42:00.640]  Wait a minute. Hold on. We can't go through all the details of this. At the end of the day, what's going to be your question? I know where you're going.
[42:00.640 --> 42:08.640]  He gave me a bunch of motions to hire a lawyer. What's going to be your question when you're done here?
[42:08.640 --> 42:20.640]  The next time I showed up, I talked to another judge. He gave me a bunch of issues.
[42:20.640 --> 42:32.640]  I can't spend all day going through all of these details that may or may not have any relevance to what you're going to ask me. What are you going to ask me at the end of this?
[42:32.640 --> 42:44.640]  I need to follow some motions against the second judge and I just need to know whether or not I need to follow them separately or as a counterclaim in my case.
[42:44.640 --> 42:48.640]  You can't follow a counterclaim in a criminal case.
[42:48.640 --> 42:50.640]  Oh, okay.
[42:50.640 --> 43:06.640]  All your motions would need to be filed separately. It's my suggestion that if you have a number of issues, if the issues are somewhat separate, you file a separate motion on each one.
[43:06.640 --> 43:12.640]  Otherwise, if you've got three or four things in one motion, the judge will deny one of them and ignore the rest.
[43:12.640 --> 43:21.640]  So if you have each separate issue in a separate motion, then he has to rule on each one of them.
[43:21.640 --> 43:25.640]  Okay. Okay. What if the issues are against the judge, though?
[43:25.640 --> 43:29.640]  Good. No difference.
[43:29.640 --> 43:31.640]  Okay. All right.
[43:31.640 --> 43:37.640]  You might look at how they're against the judge. You might want to file a motion to recuse.
[43:37.640 --> 43:42.640]  Yeah, just a conduct complaint or two just for good measure. Hang on.
[43:42.640 --> 43:44.640]  About to go to break Randy Kelton.
[43:44.640 --> 43:46.640]  Rule of law radio.
[43:46.640 --> 43:50.640]  I call it number 512-646-1984.
[43:50.640 --> 44:00.640]  We'll be right back.
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[46:23.640 --> 46:26.640]  Okay, we are back.
[46:26.640 --> 46:31.640]  Randy Kelton, rule of law radio, and we're talking to...
[46:31.640 --> 46:33.640]  Heck, I don't know who we're talking to.
[46:33.640 --> 46:34.640]  We never did get a name.
[46:34.640 --> 46:36.640]  Give me a name I can call you.
[46:36.640 --> 46:38.640]  Jonathan.
[46:38.640 --> 46:40.640]  Jonathan, okay.
[46:40.640 --> 46:43.640]  So, you want to file motions against the judge,
[46:43.640 --> 46:48.640]  or is your filing actions against him you might consider a judicial conduct complaint.
[46:48.640 --> 47:02.640]  However, before you do that, you might consider your position.
[47:02.640 --> 47:06.640]  How precarious is your position?
[47:06.640 --> 47:09.640]  Okay, I know, that's too soon.
[47:09.640 --> 47:16.640]  Have you filed a motion to dismiss for lack of demonstrated men's race?
[47:16.640 --> 47:21.640]  No, I haven't gotten a chance to file anything yet.
[47:21.640 --> 47:24.640]  I'm actually working on that right now.
[47:24.640 --> 47:27.640]  Oh, okay.
[47:27.640 --> 47:32.640]  Did they write you a citation?
[47:32.640 --> 47:34.640]  Yes, yes, they did.
[47:34.640 --> 47:41.640]  Go to trafficticket.website.
[47:41.640 --> 47:45.640]  Put in the ticket information.
[47:45.640 --> 47:53.640]  When you hit submit, it will take you to a page with a whole bunch of documents you can download.
[47:53.640 --> 47:55.640]  And read through all of them.
[47:55.640 --> 47:58.640]  They'll give you a good basic education.
[47:58.640 --> 48:05.640]  It does not have one for this issue where there is no demonstratable men's race.
[48:05.640 --> 48:10.640]  But I will eventually get around to having one of those in there.
[48:10.640 --> 48:13.640]  But this will give you a lot of things you can file with court.
[48:13.640 --> 48:17.640]  These documents will be made out for your case.
[48:17.640 --> 48:20.640]  So you have to do a sign-up and file them.
[48:20.640 --> 48:31.640]  For instance, what did the officer who stopped you, was he Texas Highway Patrol, sheriff, or municipal?
[48:31.640 --> 48:33.640]  No, he's municipal.
[48:33.640 --> 48:36.640]  He had no jurisdiction to pull me over.
[48:36.640 --> 48:43.640]  Okay, you got a subject matter jurisdiction challenge in there.
[48:43.640 --> 48:47.640]  Are you in a county court?
[48:47.640 --> 48:49.640]  Yes, it's a county court.
[48:49.640 --> 48:51.640]  Okay, I thought so.
[48:51.640 --> 48:56.640]  So this judge will be somewhat more sensitive to law.
[48:56.640 --> 49:00.640]  So you drop that subject matter jurisdiction challenge on him.
[49:00.640 --> 49:03.640]  That's likely to give him apoplexy.
[49:03.640 --> 49:09.640]  So go there, download those, and then if you have questions, call back next week.
[49:09.640 --> 49:13.640]  And we're kind of running out of time here, and I still got more callers.
[49:13.640 --> 49:15.640]  Okay, I understand.
[49:15.640 --> 49:17.640]  But have a look at those.
[49:17.640 --> 49:22.640]  I don't charge for them anymore, so you don't have to pay anything.
[49:22.640 --> 49:26.640]  The only thing I ask for is feedback.
[49:26.640 --> 49:28.640]  Absolutely.
[49:28.640 --> 49:30.640]  Okay, thank you, Jonathan.
[49:30.640 --> 49:32.640]  Throw one.
[49:32.640 --> 49:34.640]  Go ahead. You had another question.
[49:34.640 --> 49:36.640]  No, I'm sorry.
[49:36.640 --> 49:40.640]  I just wanted to throw another thing out there real quick.
[49:40.640 --> 49:43.640]  If I could just take a minute. Yes.
[49:43.640 --> 49:44.640]  Okay.
[49:44.640 --> 49:45.640]  Yes, go ahead.
[49:45.640 --> 49:47.640]  I talked to another judge.
[49:47.640 --> 49:51.640]  The other judge didn't like me talking about my issue.
[49:51.640 --> 49:59.640]  He actually told me if I didn't sign the waiver of right to counsel that he would take me and throw me in jail.
[49:59.640 --> 50:02.640]  Wow.
[50:02.640 --> 50:06.640]  Witness tampering obstruction.
[50:06.640 --> 50:09.640]  You should charge him criminally.
[50:09.640 --> 50:14.640]  Yeah, and then after I talked to him about that, I went ahead and talked to the prosecuting attorney.
[50:14.640 --> 50:16.640]  She gave me a deal.
[50:16.640 --> 50:18.640]  I knew where I was at.
[50:18.640 --> 50:24.640]  I wanted to go and look over a little while to give me some time to try and write up charges against the judge.
[50:24.640 --> 50:27.640]  I was like, okay, I need some time to think this over.
[50:27.640 --> 50:29.640]  She was like, okay, that's cool.
[50:29.640 --> 50:30.640]  She talked to the judge.
[50:30.640 --> 50:35.640]  She came back and said the judge said either you sign this deal or you go to jail.
[50:35.640 --> 50:38.640]  And so I was like, okay, well, then I'll sign the deal.
[50:38.640 --> 50:46.640]  And she actually refused because I said that I said that I would sign it because I didn't want to go to jail.
[50:46.640 --> 50:48.640]  She was smarter than the judge.
[50:48.640 --> 50:51.640]  The judge obviously didn't care.
[50:51.640 --> 50:52.640]  He was angry.
[50:52.640 --> 50:54.640]  So she refused to sign it.
[50:54.640 --> 50:57.640]  Eventually they waited a while.
[50:57.640 --> 50:58.640]  They went and talked to the judge.
[50:58.640 --> 51:01.640]  The judge came back and decided to go and throw me in jail.
[51:01.640 --> 51:06.640]  He decided to raise my bond from a PR bond to a $10,000 bond.
[51:06.640 --> 51:11.640]  Even though I begged with him not to because I told him I would lose my job.
[51:11.640 --> 51:12.640]  He put me in jail.
[51:12.640 --> 51:15.640]  I did lose my job and I'm still waiting.
[51:15.640 --> 51:16.640]  I'm going to court right now.
[51:16.640 --> 51:19.640]  So I'm just wondering what...
[51:19.640 --> 51:27.640]  subject matter jurisdiction challenge in the case and sue the judge personally.
[51:27.640 --> 51:28.640]  Okay.
[51:28.640 --> 51:33.640]  See how he likes that.
[51:33.640 --> 51:34.640]  Okay.
[51:34.640 --> 51:38.640]  Claim that the court never had subject matter jurisdiction in the first place.
[51:38.640 --> 51:42.640]  And the judge should have known that and sue the judge personally.
[51:42.640 --> 51:43.640]  It doesn't matter what they do with it.
[51:43.640 --> 51:45.640]  You are going to get his attention.
[51:45.640 --> 51:53.640]  And you are going to put one serious, ugly mark on his chart.
[51:53.640 --> 51:54.640]  Okay.
[51:54.640 --> 51:58.640]  And do I file that criminally or do I file that civilly?
[51:58.640 --> 51:59.640]  Well, you filed...
[51:59.640 --> 52:03.640]  I filed criminal charges against him for witness tampering.
[52:03.640 --> 52:07.640]  3605 Texas penal code.
[52:07.640 --> 52:12.640]  And do I hit him with a couple of counts of official oppression?
[52:12.640 --> 52:16.640]  Well, the official oppression...
[52:16.640 --> 52:27.640]  I'd have to know the details of what went on to make the official oppression separate from the witness tampering.
[52:27.640 --> 52:32.640]  Witness tampering is uglier than official oppression.
[52:32.640 --> 52:37.640]  So you can't stack criminal complaints.
[52:37.640 --> 52:44.640]  If somebody does one thing, you can only charge him one criminal complaint for it.
[52:44.640 --> 52:45.640]  Okay.
[52:45.640 --> 52:50.640]  So depending on what else went on in the courtroom.
[52:50.640 --> 52:54.640]  Have you written down a timeline of everything that's going on?
[52:54.640 --> 52:56.640]  I kept a timeline in my head.
[52:56.640 --> 52:58.640]  I'm working on writing it down.
[52:58.640 --> 52:59.640]  No.
[52:59.640 --> 53:03.640]  Timelines in your head are worthless because you got a dog in the hunt.
[53:03.640 --> 53:10.640]  And when you have a dog in the hunt, the timeline becomes emotionally charged.
[53:10.640 --> 53:19.640]  Instead of actually moving down what actually happened, you tend to move from one emotional high point to the next to the next to the next.
[53:19.640 --> 53:23.640]  And sometimes those get moved around out of position.
[53:23.640 --> 53:27.640]  A detailed timeline is critical.
[53:27.640 --> 53:32.640]  It keeps you oriented on how everything moved.
[53:32.640 --> 53:38.640]  It would be easier for me to keep track of it because I don't have an emotional involvement.
[53:38.640 --> 53:45.640]  But when you talk about it, like you were talking to me about it and you jumped from one judge to the next judge and then back.
[53:45.640 --> 53:47.640]  I was having trouble keeping up with where you are.
[53:47.640 --> 53:51.640]  That's why I asked for a timeline.
[53:51.640 --> 53:59.640]  Because you were emotionally moving from one thing you thought was important to another thing you've thought was important to another.
[53:59.640 --> 54:03.640]  And I don't know how those land chronologically.
[54:03.640 --> 54:07.640]  It's really important that you understand that.
[54:07.640 --> 54:11.640]  The prosecutor will trip you up big time.
[54:11.640 --> 54:18.640]  But if you have a timeline and one of the things I suggest you do any documents that you have.
[54:18.640 --> 54:22.640]  Open them up and rename all of them.
[54:22.640 --> 54:26.640]  Start the name with your last name.
[54:26.640 --> 54:36.640]  Then a space, then the year in numbers, month in numbers, day in numbers.
[54:36.640 --> 54:41.640]  Then a space and whatever the document is.
[54:41.640 --> 54:48.640]  When you do that, all of the documents will align themselves in a folder in chronological order.
[54:48.640 --> 54:54.640]  And if you send a document to somebody else, that's why you need your name on the front of it.
[54:54.640 --> 55:03.640]  So they'll know exactly what it is and who it goes to and how it occurs time wise in the overall scheme of things.
[55:03.640 --> 55:10.640]  But the main thing, that'll almost create your timeline for you.
[55:10.640 --> 55:19.640]  And every time you open one of these documents, because of how it lands in the folder, it'll tell you how it occurs in time.
[55:19.640 --> 55:25.640]  So don't get these issues out of time.
[55:25.640 --> 55:26.640]  Okay.
[55:26.640 --> 55:27.640]  Try that.
[55:27.640 --> 55:28.640]  Glad you did.
[55:28.640 --> 55:30.640]  Okay, I do need to move on.
[55:30.640 --> 55:34.640]  We're running out of time and we've got more callers.
[55:34.640 --> 55:35.640]  Okay.
[55:35.640 --> 55:37.640]  Okay, but call us back next week.
[55:37.640 --> 55:39.640]  Let us know how this is going.
[55:39.640 --> 55:40.640]  Okay.
[55:40.640 --> 55:42.640]  Okay, thank you.
[55:42.640 --> 55:45.640]  Okay, now we're going to Olivier in Tennessee.
[55:45.640 --> 55:48.640]  Hello, Olivier.
[55:48.640 --> 55:52.640]  Can you hear me?
[55:52.640 --> 55:53.640]  Now I can hear you.
[55:53.640 --> 55:54.640]  Yes.
[55:54.640 --> 55:55.640]  Okay.
[55:55.640 --> 55:59.640]  Okay, what do you have for us today?
[55:59.640 --> 56:17.640]  I'm trying to figure out where this correction, the pattern, the formal correction that I need to apply to this statute, which is being arbitrarily applied or discriminatory applied.
[56:17.640 --> 56:25.640]  Okay, first off, what statute are you speaking to?
[56:25.640 --> 56:29.640]  Give us the substance of the statute.
[56:29.640 --> 56:39.640]  The substance of the statute is where they require a driver's license for motor vehicles.
[56:39.640 --> 56:50.640]  You've got something in the background playing a TV or radio or something and it's booming.
[56:50.640 --> 56:53.640]  Can you hear me now?
[56:53.640 --> 56:56.640]  Yes, I can hear you now.
[56:56.640 --> 56:57.640]  Okay.
[56:57.640 --> 56:58.640]  Well.
[56:58.640 --> 57:11.640]  So you're addressing the requirement that you hold a driver's license when you're not engaged in commercial transportation.
[57:11.640 --> 57:22.640]  Right, but the way that the statute is written, it puts requirements for people who operate on a vehicle.
[57:22.640 --> 57:28.640]  And you're going to the definition of motor vehicle?
[57:28.640 --> 57:31.640]  Well, I'm not going to the definition of a vehicle.
[57:31.640 --> 57:33.640]  I didn't know what the definition, I'm not going to.
[57:33.640 --> 57:44.640]  What I was trying to address was how do we address these statutes that's overstepped their bounds?
[57:44.640 --> 57:46.640]  And I looked at...
[57:46.640 --> 57:48.640]  Okay, hold on.
[57:48.640 --> 57:53.640]  The verbiage, the words that you use are very important here.
[57:53.640 --> 58:08.640]  In Tennessee law, what does motor vehicle mean as opposed to automobile?
[58:08.640 --> 58:14.640]  I have the definition in front of me, but the motor...
[58:14.640 --> 58:17.640]  The music coming out, I have to look it up.
[58:17.640 --> 58:19.640]  Okay, I know what it is.
[58:19.640 --> 58:24.640]  It's almost certainly the same in Tennessee as it is in Texas.
[58:24.640 --> 58:30.640]  In Texas, when they use the term motor vehicle, that is a term of art.
[58:30.640 --> 58:34.640]  It's a term that has a special meaning in legalese.
[58:34.640 --> 58:44.640]  In legalese, it means a motorized conveyance operated in commerce.
[58:44.640 --> 58:50.640]  So when they say you have to have a license to operate a motor vehicle...
[58:50.640 --> 58:54.640]  Would you like to make more definite progress in your walk with God?
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[59:49.640 --> 59:59.640]  You're listening to the Logos Radio Network at www.logosradionetwork.com
[01:00:19.640 --> 01:00:44.640]  Today in history, the year 1835, the United States government national debt is zero for the first time and presumably only time in the government's existence.
[01:00:44.640 --> 01:00:49.640]  Zero government debt? Today in history.
[01:00:49.640 --> 01:01:03.640]  In recent news, the president will undergo a two hour physical exam which will include urine blood analysis, cardiac evaluation and some more personal prying with sleeping habits and even his romantic life being discussed with the multi-administration presidential physician.
[01:01:03.640 --> 01:01:17.640]  It seems the president may be wanting to lay to rest the recent lineup of criticisms questioning his mental health and stability. Apparently some of the president's more recent tweets directed towards North Korea's Kim Jong Un and the author of the book Fire and Fury, Michael Wolfe,
[01:01:17.640 --> 01:01:25.640]  has many thinking that the president should perhaps be more articulate and less rash with his tweets.
[01:01:25.640 --> 01:01:33.640]  The U.S. District Court Judge Gloria Nambaro dismissed cases against Nevada Rancher Clive and Bundy, two sons and a Montana militiaman today.
[01:01:33.640 --> 01:01:43.640]  Judge ruled that the government's lawyers suppressed footage from several cameras that were set up by the FBI around the Bundy's family home that would have been favorable in the defendant's case.
[01:01:43.640 --> 01:02:01.640]  When Mr. Bundy was released today, Monday, after leaving the courthouse, he told reporters that I've been a political prisoner for 700 days. He hadn't seen his wife for nearly two years due to the fact that he had refused any conditional release which required him to forfeit his trial by jury rights.
[01:02:01.640 --> 01:02:17.640]  Google engineer James Damore filed a class action lawsuit against the Alphabet Corporation on Monday, claiming that it discriminates against white men and those with conservative leaning views. Damore was terminated for dismantling a memo essentially questioning the company's diversity policies.
[01:02:17.640 --> 01:02:33.640]  He was basically arguing that Google employees who express views deviating from corporate sentiments on politics and practices like diversity hiring policies by a sensitivity and social justice were singled out, mistreated, and systematically punished and terminated from Google.
[01:02:33.640 --> 01:02:41.640]  Google spokesman Tasha Parr sent a response that we look forward to defending against Mr. Damore's lawsuit in court.
[01:02:41.640 --> 01:02:57.640]  If you'd like to help out the Lone Star Lowdown with some reporting or advertising, feel free to give me a call at 210-363-2257. This was for crony with your lowdown for January 8th, 2018.
[01:03:11.640 --> 01:03:21.640]  I'm sorry.
[01:03:21.640 --> 01:03:31.640]  I will lie to my mother-in-law until he returns.
[01:03:31.640 --> 01:03:39.640]  He has a day with his faith and with God, I will aim my concern
[01:03:39.640 --> 01:03:47.640]  I will lie to my father's house, Yeah, I will lie to my father's house
[01:03:47.640 --> 01:03:54.640]  Till I see his face, My girl, I will lie to my father's house
[01:03:54.640 --> 01:04:01.640]  I will guard his walls and fences, Wake up and take his grave
[01:04:01.640 --> 01:04:05.640]  I will lie to my father's house
[01:04:07.640 --> 01:04:12.640]  Okay, we are back. Randy Kelton, rule of law radio.
[01:04:12.640 --> 01:04:17.640]  And we're talking to Olivier in Tennessee. Okay.
[01:04:17.640 --> 01:04:24.640]  That was real critical, the definition of that term.
[01:04:24.640 --> 01:04:33.640]  If I understand where you want to go to, you're saying that is it constitutional
[01:04:33.640 --> 01:04:42.640]  to allow, force me to pay a tax for a license
[01:04:42.640 --> 01:04:48.640]  when I don't operate within the statutory scheme of the license.
[01:04:48.640 --> 01:04:55.640]  Is that where you're going? Yes, that's where I'm going, but I'm trying to figure out
[01:04:55.640 --> 01:05:02.640]  how to express the violation because I found something that said
[01:05:02.640 --> 01:05:14.640]  for vagueness, unconstitutional vagueness, overbred, bearish doctrine
[01:05:14.640 --> 01:05:20.640]  to have all these different. This doesn't sound like any of those.
[01:05:20.640 --> 01:05:26.640]  This sounds like it's unconstitutional in the application.
[01:05:26.640 --> 01:05:34.640]  It's not that the statute is vague or there's anything wrong with the statute
[01:05:34.640 --> 01:05:39.640]  is just being applied incorrectly.
[01:05:39.640 --> 01:05:50.640]  That Bonner case said that the states have an interest in protecting the safety of the public.
[01:05:50.640 --> 01:05:56.640]  Okay, so there are things the state can do to protect the public,
[01:05:56.640 --> 01:06:06.640]  but can the state apply a tax because a license fee for a license is always a tax.
[01:06:06.640 --> 01:06:13.640]  That's what the licenses originally were. They were a form of tax.
[01:06:13.640 --> 01:06:21.640]  Granted, the state has an interest in protecting the safety of the public,
[01:06:21.640 --> 01:06:29.640]  but does that allow the state to take any action they deem appropriate to protect the public,
[01:06:29.640 --> 01:06:37.640]  like taxing someone for a occupational license that they don't need or use?
[01:06:37.640 --> 01:06:46.640]  The thing with Bonner is that he argued the wrong issue. He referred to his automobile as a motor vehicle.
[01:06:46.640 --> 01:06:51.640]  By him addressing his automobile as a motor vehicle, he's automatically in the wrong
[01:06:51.640 --> 01:06:54.640]  because a motor vehicle...
[01:06:54.640 --> 01:07:03.640]  He didn't understand the legalese definition, so he stipulated that he was in commerce.
[01:07:03.640 --> 01:07:08.640]  He stipulated in his commerce, and he said that the statute was void.
[01:07:08.640 --> 01:07:13.640]  That means if the bad statute is no good, it's unconstitutional.
[01:07:13.640 --> 01:07:23.640]  But that argument was wrong because the Constitution gave Congress the power to regulate commerce.
[01:07:23.640 --> 01:07:29.640]  Congress gave the state the power to regulate commerce.
[01:07:29.640 --> 01:07:41.640]  You are exactly right. You have to ask the right question in order to get the right answer.
[01:07:41.640 --> 01:07:48.640]  How do we frame this question to get the right answer?
[01:07:48.640 --> 01:07:58.640]  Well, that's why I was talking about the vagueness dropping because as I was reading, it was saying that the statute can be correct.
[01:07:58.640 --> 01:08:07.640]  It can be constitutional, but it could also fail for vagueness if a common law...
[01:08:07.640 --> 01:08:20.640]  Mr. Quinn has held that laws void that a person of common understanding cannot know what is forbidding or constitutionally are unconstitutional on their face.
[01:08:20.640 --> 01:08:33.640]  Likewise, laws which broadly forbid conduct or activities which are protected by the federal constitution, such as, for instance,
[01:08:33.640 --> 01:08:40.640]  the discussion of political matters are void on its face.
[01:08:40.640 --> 01:08:51.640]  On the other hand, laws which plainly forbid conduct, which is constitutionally within the power of the state to forbid,
[01:08:51.640 --> 01:09:06.640]  but also restrict constitutional protected conduct may be void either on their face or merely as applied in certain instances.
[01:09:06.640 --> 01:09:10.640]  Okay, that goes right to exactly what you were saying.
[01:09:10.640 --> 01:09:22.640]  It passed this statute, but it goes to commercial transportation and the state is applying it to non-commercial applications.
[01:09:22.640 --> 01:09:30.640]  So since it's not clear, well, I don't know, the law seems pretty clear.
[01:09:30.640 --> 01:09:33.640]  I don't see how it's vague.
[01:09:33.640 --> 01:09:39.640]  The law is clear that it's to regulate commercial traffic.
[01:09:39.640 --> 01:09:50.640]  It's vague if they take that as the police officers, because it says that common man, do you believe that a police officer is considered to be a common person?
[01:09:50.640 --> 01:10:00.640]  Yes, what they generally call that is reasonable person of ordinary prudence.
[01:10:00.640 --> 01:10:02.640]  Okay.
[01:10:02.640 --> 01:10:15.640]  I'm a reasonable person of ordinary prudence, and I read the statute that requires a driver's license for commercial transportation is really, really clear.
[01:10:15.640 --> 01:10:17.640]  There's nothing vague about that.
[01:10:17.640 --> 01:10:24.640]  The application of that to a non-commercial driver doesn't go to vagueness.
[01:10:24.640 --> 01:10:31.640]  That's a clear violation of the misapplication of the statute.
[01:10:31.640 --> 01:10:46.640]  Well, that's why I'm trying to figure out how to phrase it, but everything, I mean, the vagueness is falling, and what I'm reading is falling underneath that criteria, the misapplication of a statute.
[01:10:46.640 --> 01:10:55.640]  Because if someone can misapply the statute, it must be vague in the sense that they can't understand what's going on.
[01:10:55.640 --> 01:11:12.640]  Because if the cop doesn't understand that an automobile is not a motor vehicle, the statute was not written out clear enough so that the officer can do his job.
[01:11:12.640 --> 01:11:30.640]  I don't have to think about that quite a bit because when I read the statute, it doesn't appear as though the police are reasonably misapplying the statute.
[01:11:30.640 --> 01:11:37.640]  It sounds like they're deliberately misapplying the statute.
[01:11:37.640 --> 01:11:50.640]  Right, so I mean, if that is true, the statute is vague because it does not give them too much discretion.
[01:11:50.640 --> 01:11:55.640]  No, I don't see in the statute where it gives them any.
[01:11:55.640 --> 01:11:56.640]  The statute's real clear.
[01:11:56.640 --> 01:11:58.640]  This goes to commercial traffic.
[01:11:58.640 --> 01:12:04.640]  It does not go to private use, and they're applying it to private use.
[01:12:04.640 --> 01:12:08.640]  You see how the statute could be more clear.
[01:12:08.640 --> 01:12:14.640]  The statute doesn't have to say you can't apply it to this and you cannot apply it to that and you cannot apply it to this.
[01:12:14.640 --> 01:12:23.640]  They don't have to anticipate every possible way you could knowingly and deliberately misapply the statute.
[01:12:23.640 --> 01:12:36.640]  And reading the statute is absolutely clear, so to apply it to a private citizen to private travel can't be construed to be a misapplication of the statute.
[01:12:36.640 --> 01:12:44.640]  That's a direct violation of the statute.
[01:12:44.640 --> 01:12:54.640]  I'm trying to think of an appropriate example.
[01:12:54.640 --> 01:13:04.640]  If you tell me I can't, you know, pass a law that says you can't steal and the police say, oh, well, you can steal in this circumstance.
[01:13:04.640 --> 01:13:08.640]  No, you can't steal in that circumstance.
[01:13:08.640 --> 01:13:14.640]  We can license you if you're in commercial operation of the vehicle.
[01:13:14.640 --> 01:13:19.640]  And then they say, OK, we can license you even if you're not in commercial operations vehicle.
[01:13:19.640 --> 01:13:23.640]  There's nothing vague in the statute.
[01:13:23.640 --> 01:13:32.640]  There's nothing in the statute that authorizes the licensing of a non-commercial operator.
[01:13:32.640 --> 01:13:47.640]  I understand, but they also prove that a common person, a common person, when they, once they hear motor vehicle, they don't understand that doesn't include them.
[01:13:47.640 --> 01:14:04.640]  OK, so the use of the term motor vehicle as a term of art doesn't advise the ordinary person that motor vehicle only applies to commercial transportation.
[01:14:04.640 --> 01:14:14.640]  Is there anything else in the code that addresses commercial application?
[01:14:14.640 --> 01:14:20.640]  Right. Now, is this a transportation code statute?
[01:14:20.640 --> 01:14:23.640]  Yeah, the driver license.
[01:14:23.640 --> 01:14:29.640]  Yeah, then that is already clarified.
[01:14:29.640 --> 01:14:36.640]  The transportation code clearly only applies to commercial transportation.
[01:14:36.640 --> 01:14:45.640]  So they're enforcing you to get the license. That's an improper tax.
[01:14:45.640 --> 01:14:51.640]  Wouldn't that be arbitrary enforcement?
[01:14:51.640 --> 01:14:57.640]  No, there's an arbitrary about it. They apply it to everybody.
[01:14:57.640 --> 01:15:09.640]  If they only applied it to whoever they wanted to, it would be arbitrary. It's just misapplication of the statute.
[01:15:09.640 --> 01:15:17.640]  It's in the commercial transportation code that only applies to commercial drivers, and they're applying it to non-commercial drivers.
[01:15:17.640 --> 01:15:22.640]  And Bonner said, well, the state has an interest.
[01:15:22.640 --> 01:15:32.640]  But you don't get to protect that interest in a way that violates the rights of the citizen.
[01:15:32.640 --> 01:15:48.640]  They're implying that because the state has an interest that they can use what would otherwise be illegal tactics to secure that interest.
[01:15:48.640 --> 01:15:52.640]  I'm agreeing with that. And that's why I'm trying to figure out where it falls on the end.
[01:15:52.640 --> 01:16:05.640]  I'm looking at these and Fagnes is telling me that laws which broadly forbid conduct or activity which are protected by the federal constitution,
[01:16:05.640 --> 01:16:15.640]  let's say as such, I write to use the automobile, avoid on their face.
[01:16:15.640 --> 01:16:27.640]  And so this one is broadly forbidding you to use an automobile for private travel unless you pay the license fee.
[01:16:27.640 --> 01:16:28.640]  Right.
[01:16:28.640 --> 01:16:30.640]  So using it.
[01:16:30.640 --> 01:16:35.640]  Okay, that sounds like a good viable argument.
[01:16:35.640 --> 01:16:42.640]  Yeah, I'm doing a research on it. I'm just trying to figure out if I'm coming up the right tree.
[01:16:42.640 --> 01:16:45.640]  Does it sounds like you are?
[01:16:45.640 --> 01:16:51.640]  And I've been deliberately trying to tear it apart and I haven't been able to.
[01:16:51.640 --> 01:16:53.640]  Okay, hang on. About to go to break.
[01:16:53.640 --> 01:16:55.640]  Randy Kelton with the radio.
[01:16:55.640 --> 01:16:56.640]  We do need to move along.
[01:16:56.640 --> 01:16:59.640]  We've got two more callers and three segments.
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[01:19:21.640 --> 01:19:30.640]  Okay, we are back. Randy Kelton, rule of law radio, and we're talking to Olivier in Tennessee.
[01:19:30.640 --> 01:19:35.640]  Okay, I think we got that kind of sorted out.
[01:19:35.640 --> 01:19:39.640]  Sounds like you have a good argument.
[01:19:39.640 --> 01:19:44.640]  Now we need case law supporting that argument.
[01:19:44.640 --> 01:19:47.640]  Well, I mean, I'm pulling it from case law.
[01:19:47.640 --> 01:19:51.640]  I pulled it out of a case law. This is the bottom part of it.
[01:19:51.640 --> 01:20:07.640]  It says, on the other hand, laws which plainly forbid conduct, which is constitutionally within the power of the state to forbid as far as less than using a motor vehicle, right?
[01:20:07.640 --> 01:20:11.640]  Because that's the extraordinary use of the highway.
[01:20:11.640 --> 01:20:22.640]  So in order to protect the public, they have the right to forbid it, license it, restrict it.
[01:20:22.640 --> 01:20:43.640]  And then it says, but also restrict constitutional constitutionally protected conduct may be void either on their face or merely as applied in certain instances.
[01:20:43.640 --> 01:20:48.640]  And this is coming out of the United States Supreme Court.
[01:20:48.640 --> 01:20:53.640]  I'm thinking of how to take that on.
[01:20:53.640 --> 01:20:57.640]  The licensing is a tax.
[01:20:57.640 --> 01:21:07.640]  So in order to take the issue on, you have to be able to bring an actual controversy.
[01:21:07.640 --> 01:21:19.640]  Anyone who has been forced to get a license has the controversy because they had to pay the tax.
[01:21:19.640 --> 01:21:25.640]  So you can't complain about this if you haven't been harmed by it.
[01:21:25.640 --> 01:21:30.640]  So if you try to bring the issue, the other side is going to say, how were you harmed?
[01:21:30.640 --> 01:21:35.640]  Okay, I get this license. How were you harmed by that? Well, I had to pay for it.
[01:21:35.640 --> 01:21:41.640]  And that's sufficient of harm to get you a claim.
[01:21:41.640 --> 01:21:45.640]  I was harmed by being arrested on this statute.
[01:21:45.640 --> 01:21:51.640]  And it did not apply to me.
[01:21:51.640 --> 01:22:02.640]  Right. They use a statute that was constitutionally valid on its face because the state has the right to control motor vehicles.
[01:22:02.640 --> 01:22:09.640]  But they applied it to another group, automobiles, that have a constitutional right.
[01:22:09.640 --> 01:22:16.640]  They had actually applied commercial license.
[01:22:16.640 --> 01:22:17.640]  Right.
[01:22:17.640 --> 01:22:21.640]  You did so under threat.
[01:22:21.640 --> 01:22:31.640]  But because you had no interest in opera commerce, you were forced to secure that license.
[01:22:31.640 --> 01:22:40.640]  Now, once you secure the license and it was revoked, they can say, well, you had the license and it was revoked.
[01:22:40.640 --> 01:22:47.640]  That's separate from private travel.
[01:22:47.640 --> 01:22:57.640]  But if you make argument that I was forced to pay a tax for this license when the application didn't apply to me.
[01:22:57.640 --> 01:23:04.640]  So then they don't get to bring up any crappola about revocation.
[01:23:04.640 --> 01:23:07.640]  Well, I never applied for a license.
[01:23:07.640 --> 01:23:09.640]  One, I can't make that argument.
[01:23:09.640 --> 01:23:11.640]  I never applied for a license.
[01:23:11.640 --> 01:23:14.640]  So there is no contract between us.
[01:23:14.640 --> 01:23:16.640]  You're in the state of Tennessee.
[01:23:16.640 --> 01:23:21.640]  You have a valid driver's license, but it's from the state of Virginia.
[01:23:21.640 --> 01:23:28.640]  So while there may be a contract between you and Virginia, there is no contract between you and the state of Tennessee.
[01:23:28.640 --> 01:23:31.640]  Okay, good point.
[01:23:31.640 --> 01:23:32.640]  Right.
[01:23:32.640 --> 01:23:42.640]  And then the state of Tennessee is then incarcerating me for something that the statute does not provide means for.
[01:23:42.640 --> 01:23:54.640]  And then which is, which is, which is violating the protecting constitutional right that I have.
[01:23:54.640 --> 01:23:55.640]  Exactly.
[01:23:55.640 --> 01:24:00.640]  That sounds like a good argument.
[01:24:00.640 --> 01:24:01.640]  All right.
[01:24:01.640 --> 01:24:02.640]  Okay.
[01:24:02.640 --> 01:24:05.640]  Okay, I think we beat this to death.
[01:24:05.640 --> 01:24:06.640]  I do need to move on.
[01:24:06.640 --> 01:24:11.640]  I've got two more callers and I'm quickly running out of time.
[01:24:11.640 --> 01:24:13.640]  Thank you, Olivier.
[01:24:13.640 --> 01:24:22.640]  Okay, now we're going to area code 405 is an onscreen call.
[01:24:22.640 --> 01:24:26.640]  So are you there?
[01:24:26.640 --> 01:24:28.640]  Yes.
[01:24:28.640 --> 01:24:29.640]  Okay.
[01:24:29.640 --> 01:24:32.640]  Are you a first time caller?
[01:24:32.640 --> 01:24:35.640]  I called in three or four years ago.
[01:24:35.640 --> 01:24:36.640]  Oh, okay.
[01:24:36.640 --> 01:24:38.640]  That's probably why you're not in our database.
[01:24:38.640 --> 01:24:41.640]  Okay, give me a name to call you.
[01:24:41.640 --> 01:24:43.640]  Bart.
[01:24:43.640 --> 01:24:44.640]  Bart?
[01:24:44.640 --> 01:24:47.640]  Yeah, Bart.
[01:24:47.640 --> 01:24:48.640]  Okay.
[01:24:48.640 --> 01:24:53.640]  Quick question about declaratory judgments that you're doing on a mortgage related stuff.
[01:24:53.640 --> 01:24:54.640]  Yes.
[01:24:54.640 --> 01:24:55.640]  Yeah.
[01:24:55.640 --> 01:24:59.640]  How long is all that process?
[01:24:59.640 --> 01:25:01.640]  Years and years and years.
[01:25:01.640 --> 01:25:06.640]  I can keep them in court until everybody gets old.
[01:25:06.640 --> 01:25:08.640]  Okay, here's kind of how it works.
[01:25:08.640 --> 01:25:15.640]  Example I use is one of the first cases and the mortgage that I helped file and it was
[01:25:15.640 --> 01:25:17.640]  a fellow broadcaster.
[01:25:17.640 --> 01:25:21.640]  He was two days from eviction hearing, said, you need a lawsuit.
[01:25:21.640 --> 01:25:23.640]  And I said, well, I'm not ready yet.
[01:25:23.640 --> 01:25:26.640]  I'm still doing my research and he said, I don't have time for research.
[01:25:26.640 --> 01:25:27.640]  I need a lawsuit.
[01:25:27.640 --> 01:25:32.640]  So I went on the internet and did some research and pulled down a bunch of junk and stuck it
[01:25:32.640 --> 01:25:33.640]  together.
[01:25:33.640 --> 01:25:34.640]  And he filed it.
[01:25:34.640 --> 01:25:37.640]  Well, it stopped the eviction hearing.
[01:25:37.640 --> 01:25:40.640]  The other side had 30 days to follow.
[01:25:40.640 --> 01:25:43.640]  We had 20 days Monday after the 20th day to file.
[01:25:43.640 --> 01:25:45.640]  So they filed a response.
[01:25:45.640 --> 01:25:48.640]  They filed a rule 12, not a rule 12.
[01:25:48.640 --> 01:25:55.640]  They filed a motion to dismiss of 91 a motion to dismiss failed state of claim.
[01:25:55.640 --> 01:26:00.640]  They essentially said to the judge, your honor, this suits a piece of crap.
[01:26:00.640 --> 01:26:07.640]  And the judge took another 90 days, 60 or 90 days to render a ruling on the motions.
[01:26:07.640 --> 01:26:10.640]  And he said, yeah, it is a piece of crap.
[01:26:10.640 --> 01:26:11.640]  Fix it.
[01:26:11.640 --> 01:26:15.640]  So we filed another one.
[01:26:15.640 --> 01:26:17.640]  30, we got 30 days to file it.
[01:26:17.640 --> 01:26:19.640]  We've fallen amended.
[01:26:19.640 --> 01:26:20.640]  They get another 30 days.
[01:26:20.640 --> 01:26:23.640]  They file an opposition.
[01:26:23.640 --> 01:26:27.640]  Another 90 days, the judge says, that one's a piece of crap too.
[01:26:27.640 --> 01:26:28.640]  You got one more chance.
[01:26:28.640 --> 01:26:30.640]  The third one's stuck.
[01:26:30.640 --> 01:26:33.640]  Already, we're a year out.
[01:26:33.640 --> 01:26:37.640]  And we hadn't even got to the case yet.
[01:26:37.640 --> 01:26:42.640]  See how this goes?
[01:26:42.640 --> 01:26:47.640]  A couple years, they'll get to the case and they'll render a ruling against us.
[01:26:47.640 --> 01:26:49.640]  And we'll file an appeal.
[01:26:49.640 --> 01:26:54.640]  I had a guy that went to do, I did a seminar in California.
[01:26:54.640 --> 01:26:59.640]  And he said he went with me because I was the only guy that had people come and talk to him.
[01:26:59.640 --> 01:27:06.640]  And I was the only one that told him, if anybody comes in here and tells you they can get a specific result from you,
[01:27:06.640 --> 01:27:13.640]  don't walk away from them, run from them because they are lying to you.
[01:27:13.640 --> 01:27:18.640]  I went through, you never win your case in the trial court.
[01:27:18.640 --> 01:27:22.640]  The only purpose in the trial court is setting the record for appeal.
[01:27:22.640 --> 01:27:27.640]  And anybody who says they can win your case, they don't understand the courts.
[01:27:27.640 --> 01:27:30.640]  The courts have been bought and paid for by the banks.
[01:27:30.640 --> 01:27:34.640]  The courts are going to rule against you out of handed every turn.
[01:27:34.640 --> 01:27:41.640]  However, you can make it hard enough for them and costly enough for them that they'll come to table.
[01:27:41.640 --> 01:27:46.640]  Well, he went with me and I worked with him and became friends over time.
[01:27:46.640 --> 01:27:54.640]  He bought a house for $350,000 just outside of San Diego.
[01:27:54.640 --> 01:28:02.640]  And lived in it for seven years without paying a dime on us, like the 2,300 a month payments.
[01:28:02.640 --> 01:28:06.640]  He lived in it for seven years without paying anything on it.
[01:28:06.640 --> 01:28:21.640]  We went, we took about five years to get through the trial court and then another year and a half to get through the appeals court and another six months to get the California Supreme to deny our cert.
[01:28:21.640 --> 01:28:25.640]  So he's seven years down the road.
[01:28:25.640 --> 01:28:29.640]  Now we're going to go back and file a second suit and start this all over again.
[01:28:29.640 --> 01:28:37.640]  But he decides he wants out of California in the meantime, his parents passed away and he inherited to be dollars.
[01:28:37.640 --> 01:28:40.640]  So he said, heck with this, I want out of here.
[01:28:40.640 --> 01:28:48.640]  He sold the property for $890,000.
[01:28:48.640 --> 01:28:51.640]  That's how much he'd increased over this time.
[01:28:51.640 --> 01:28:56.640]  He hadn't paid anything in mortgage payments in the last seven years.
[01:28:56.640 --> 01:29:15.640]  And paid off the $500,000 the bank wanted and kept more than they built the house costing in the first place and left all the way to Phoenix and bought a bigger house nicer place for less money.
[01:29:15.640 --> 01:29:20.640]  So how long did it take?
[01:29:20.640 --> 01:29:22.640]  As long as you wanted to.
[01:29:22.640 --> 01:29:28.640]  If you do a declaratory judgment, you know, it's just a partial suit.
[01:29:28.640 --> 01:29:34.640]  You can come back with a second pair of declaratory judgment or a third.
[01:29:34.640 --> 01:29:38.640]  And then you do the suit proper.
[01:29:38.640 --> 01:29:48.640]  I had one person call me from Houston that had been in litigation for 17 years with the bank.
[01:29:48.640 --> 01:29:52.640]  Okay, hang on. About to go to break Randy Kelton.
[01:29:52.640 --> 01:29:58.640]  I'm not going to get out to call in numbers or getting kind of down to the end of the show here.
[01:29:58.640 --> 01:30:02.640]  We'll be right.
[01:30:02.640 --> 01:30:08.640]  You may have heard of whistling while you work, but how about walking while working at your cubicle?
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[01:31:31.640 --> 01:31:37.640]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:37.640 --> 01:31:39.640]  The government says that fire brought it down.
[01:31:39.640 --> 01:31:44.640]  1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:44.640 --> 01:31:47.640]  Over 6,000 of my fellow service members have given their lives.
[01:31:47.640 --> 01:31:49.640]  Thousands of my fellow first responders have died.
[01:31:49.640 --> 01:31:51.640]  I'm not a conspiracy theorist.
[01:31:51.640 --> 01:31:52.640]  I'm a structural engineer.
[01:31:52.640 --> 01:31:53.640]  I'm a New York City correction officer.
[01:31:53.640 --> 01:31:54.640]  I'm an Air Force pilot.
[01:31:54.640 --> 01:31:56.640]  I'm a father who lost his son.
[01:31:56.640 --> 01:31:58.640]  We're Americans, and we deserve the truth.
[01:31:58.640 --> 01:32:01.640]  Go to RememberBuilding7.org today.
[01:32:01.640 --> 01:32:04.640]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:04.640 --> 01:32:09.640]  Did Hill Country Home receive hail or wind damage from the recent storms?
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[01:32:46.640 --> 01:32:51.640]  So if those out-of-town roofers come knocking, your door should be locked in.
[01:32:51.640 --> 01:32:57.640]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:57.640 --> 01:32:59.640]  Discounts are based on full roof replacement.
[01:32:59.640 --> 01:33:02.640]  I mean, I actually be kidding about chemtrails.
[01:33:02.640 --> 01:33:08.640]  You are listening to the Logos Radio Network. Logosradionetwork.com.
[01:33:08.640 --> 01:33:15.640]  Logos Radio Network
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[01:33:20.640 --> 01:33:25.640]  Logos Radio Network
[01:33:25.640 --> 01:33:28.640]  Okay, we are back.
[01:33:28.640 --> 01:33:35.640]  Randy Kelton rules all radio, and we're talking to...
[01:33:35.640 --> 01:33:38.640]  What is your name?
[01:33:38.640 --> 01:33:39.640]  Bart.
[01:33:39.640 --> 01:33:42.640]  Bart. That's right. Bart. Bart. Okay.
[01:33:42.640 --> 01:33:45.640]  I should remember Bart.
[01:33:45.640 --> 01:33:48.640]  Okay.
[01:33:48.640 --> 01:33:56.640]  See, the property is gone, and we have already started the wrongful foreclosure suit, but it's doing the stuff that you're familiar with.
[01:33:56.640 --> 01:34:11.640]  We're going up the Rule 12, Rule 8, and the Rucker Feldman doctor in trying to get this thing dismissed, and I'm wondering if maybe I should back out of this case and do these declaratory judgments before...
[01:34:11.640 --> 01:34:17.640]  Well, okay, have you pulled the documentation from the county recorder's office?
[01:34:17.640 --> 01:34:22.640]  Yeah, we got everything done because I have an analysis off of Joe and the...
[01:34:22.640 --> 01:34:31.640]  Okay, Joe goes to securitization. I only go to securitization when I don't have anything else.
[01:34:31.640 --> 01:34:35.640]  How old was the mortgage?
[01:34:35.640 --> 01:34:39.640]  It was a REFI that was done in 2004.
[01:34:39.640 --> 01:34:47.640]  Good. Good. Good that it's a REFI in 2004. Have you filed a notice of rescission?
[01:34:47.640 --> 01:34:49.640]  No.
[01:34:49.640 --> 01:34:53.640]  Okay.
[01:34:53.640 --> 01:35:00.640]  That's one of the things we can do. The first thing I want to do is look at the documents filed in the county recorder's office.
[01:35:00.640 --> 01:35:08.640]  Are you familiar with Texas property code 13.001?
[01:35:08.640 --> 01:35:11.640]  No. Actually, I'm in Obama, but that makes a difference.
[01:35:11.640 --> 01:35:20.640]  Okay. Okay, write that down. You should have that inscribed in your forehead backwards so when you look in the mirror, you can read it.
[01:35:20.640 --> 01:35:40.640]  13.001 says, any claim against real property, not properly acknowledged, notary or proven to witnesses, and filed in the county record is void as to the holder.
[01:35:40.640 --> 01:35:45.640]  Initially, I don't care who holds what.
[01:35:45.640 --> 01:35:54.640]  What I care about is who has a verifiable claim filed in the public record.
[01:35:54.640 --> 01:36:06.640]  So if I filed a declaratory judgment suit, I would want to look at who was the original lender.
[01:36:06.640 --> 01:36:13.640]  Okay. Yes. Okay. Originally, it was the country I was on trust and then the foreclosure.
[01:36:13.640 --> 01:36:15.640]  Okay.
[01:36:15.640 --> 01:36:17.640]  Okay, hold on, hold on, hold on.
[01:36:17.640 --> 01:36:35.640]  Countrywide went out of business. Did countrywide file in the record a document assigning the mortgage to a third party before countrywide went out of business?
[01:36:35.640 --> 01:36:42.640]  No, I do not recall.
[01:36:42.640 --> 01:36:50.640]  Okay. Important question. That is the first thing I look for. Countrywide died.
[01:36:50.640 --> 01:37:00.640]  But countrywide had an agent, mortgage electronic registration systems, acted as an agent for countrywide.
[01:37:00.640 --> 01:37:08.640]  Didn't countrywide died? So did countrywide transfer the property to somebody else before it died?
[01:37:08.640 --> 01:37:13.640]  Because if it didn't, then it abandoned the claim.
[01:37:13.640 --> 01:37:21.640]  That's what generally happens is MERS comes along later and files an assignment to someone else.
[01:37:21.640 --> 01:37:28.640]  Well, MERS has an agent for countrywide transferred an asset of countrywide to a third party.
[01:37:28.640 --> 01:37:34.640]  After countrywide died, countrywide was a person under law.
[01:37:34.640 --> 01:37:44.640]  When countrywide went out of business, it died and agency does not survive the agent.
[01:37:44.640 --> 01:37:56.640]  So a company that no longer exists had an asset and MERS comes along and gives that asset to somebody else. How does that work?
[01:37:56.640 --> 01:38:12.640]  You obtain that the assignment by MERS to a third party after countrywide ceased to exist as a viable company is void on its face.
[01:38:12.640 --> 01:38:16.640]  You file a declaratory judgment suit on that.
[01:38:16.640 --> 01:38:39.640]  Texas government, local government code, 51903. There is a sample form for that particular declaratory judgment suit.
[01:38:39.640 --> 01:38:50.640]  Well, look, Randy, the morning threes when I was hooked up with countrywide and we did the refive from countrywide to SunTrust in 2004.
[01:38:50.640 --> 01:38:54.640]  So the countrywide did not have MERS involved at that time.
[01:38:54.640 --> 01:38:58.640]  Okay, okay, okay. If there was a refive, then countrywide doesn't matter.
[01:38:58.640 --> 01:39:02.640]  SunTrust, does SunTrust still exist?
[01:39:02.640 --> 01:39:06.640]  Yeah, yeah, they are dirty. That's a fact there.
[01:39:06.640 --> 01:39:10.640]  Okay, so they're still in existence?
[01:39:10.640 --> 01:39:22.640]  Yeah, they're still there and they are the ones that, as soon as they went into foreclosure, they flipped it over to Fannie Mae and then everything got real ugly at that point as far as county records go.
[01:39:22.640 --> 01:39:27.640]  Okay, okay. Who is foreclosing?
[01:39:27.640 --> 01:39:30.640]  Fannie Mae.
[01:39:30.640 --> 01:39:38.640]  Is there a assignment from SunTrust to Fannie Mae?
[01:39:38.640 --> 01:39:40.640]  Yes.
[01:39:40.640 --> 01:39:52.640]  When SunTrust did the assignment to Fannie Mae, did Joe give you information to indicate that SunTrust no longer held the property?
[01:39:52.640 --> 01:40:00.640]  Yeah, actually, in his analysis, what he said is that's where nobody has rights to close it.
[01:40:00.640 --> 01:40:08.640]  When they transferred from SunTrust to Fannie Mae, it was not a rich, the assignments went dead.
[01:40:08.640 --> 01:40:12.640]  And another thing is you can't touch the securitization stuff.
[01:40:12.640 --> 01:40:15.640]  You can't do anything without them saying, oh.
[01:40:15.640 --> 01:40:18.640]  I'm not asking about securitization.
[01:40:18.640 --> 01:40:24.640]  I'm asking about 13.001. Who is the holder?
[01:40:24.640 --> 01:40:34.640]  Did SunTrust actually hold the property when it claimed to sell it, or did somebody else hold it?
[01:40:34.640 --> 01:40:37.640]  Yes, SunTrust did.
[01:40:37.640 --> 01:40:54.640]  Now, okay, this is why you go to what Joe does. Almost certainly the mortgage was transferred into a pool.
[01:40:54.640 --> 01:40:56.640]  And SunTrust did not hold the mortgage.
[01:40:56.640 --> 01:41:00.640]  SunTrust was merely an agent for the holder.
[01:41:00.640 --> 01:41:04.640]  SunTrust was a servicer.
[01:41:04.640 --> 01:41:17.640]  So SunTrust, in order for SunTrust to do a proper transfer, there has to be evidence of agency.
[01:41:17.640 --> 01:41:28.640]  SunTrust has to show that it has to have filed in the record evidence of its agency for the proper holder.
[01:41:28.640 --> 01:41:32.640]  This is getting a little too complex. We're going to run out of time here.
[01:41:32.640 --> 01:41:37.640]  But I didn't need to do an analysis of all the documentation.
[01:41:37.640 --> 01:41:43.640]  But we can be certain that the property was actually held by a trust.
[01:41:43.640 --> 01:41:48.640]  So now we get to who is a proper agent.
[01:41:48.640 --> 01:41:49.640]  No, it's the MRS.
[01:41:49.640 --> 01:41:50.640]  Okay.
[01:41:50.640 --> 01:41:51.640]  I don't know if I don't know.
[01:41:51.640 --> 01:41:56.640]  Well, with SunTrust, immediately they hooked up with MRS the same year.
[01:41:56.640 --> 01:42:02.640]  So almost certainly SunTrust didn't hold it.
[01:42:02.640 --> 01:42:07.640]  Have you filed a qualified written request?
[01:42:07.640 --> 01:42:11.640]  Yeah, that was about three or four years ago and they never responded back.
[01:42:11.640 --> 01:42:12.640]  Okay.
[01:42:12.640 --> 01:42:18.640]  I have a qualified written request that has a notice of rescission included in it.
[01:42:18.640 --> 01:42:33.640]  Once the foreclosure process begins, the right to rescind renews if you could show more than $35 of overcharges.
[01:42:33.640 --> 01:42:42.640]  And I have a spreadsheet that I use that I can get you a claim against the lender,
[01:42:42.640 --> 01:42:50.640]  generally at least in the full amount of the original mortgage, generally triple.
[01:42:50.640 --> 01:42:55.640]  And then you use that to justify rescission.
[01:42:55.640 --> 01:42:56.640]  You keep them in court.
[01:42:56.640 --> 01:43:06.640]  I kept them in court on a declaratory judgment suit on that issue for seven years.
[01:43:06.640 --> 01:43:07.640]  That issue alone.
[01:43:07.640 --> 01:43:14.640]  You have a lot of things you could do, but I've got two more callers and I am running out of time.
[01:43:14.640 --> 01:43:17.640]  How can I find out what all you do?
[01:43:17.640 --> 01:43:19.640]  Can we talk offline?
[01:43:19.640 --> 01:43:20.640]  Yeah.
[01:43:20.640 --> 01:43:25.640]  Send me an email randy at ruleofallradio.com.
[01:43:25.640 --> 01:43:26.640]  Okay.
[01:43:26.640 --> 01:43:27.640]  You know what?
[01:43:27.640 --> 01:43:29.640]  I might be losing this wonderful foreclosure case.
[01:43:29.640 --> 01:43:33.640]  If I don't, I'm thinking I need a way to either stall it out or bail out of it.
[01:43:33.640 --> 01:43:37.640]  That's why I've been asking how long it takes to do the declaratory judgment if I can get it one done fast
[01:43:37.640 --> 01:43:40.640]  and then apply it to this wonderful foreclosure case.
[01:43:40.640 --> 01:43:43.640]  Yeah, I can do those really quick.
[01:43:43.640 --> 01:43:49.640]  I'm not crazy about getting back into this, but I hate to see people lose their properties.
[01:43:49.640 --> 01:43:50.640]  Okay.
[01:43:50.640 --> 01:43:53.640]  Send me an email and we'll talk offline.
[01:43:53.640 --> 01:43:54.640]  I'm about to go to break.
[01:43:54.640 --> 01:43:56.640]  Randy Kelton, rule of all radio.
[01:43:56.640 --> 01:43:59.640]  We'll be right back.
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[01:47:04.640 --> 01:47:14.640]  Okay, we are back. Randy Kelton, Rue de la Radio, and we're going to Shane in New York. Hello, Shane.
[01:47:14.640 --> 01:47:18.640]  Now, hold on there. I didn't get you unmuted. There you go. Okay, go ahead, Shane.
[01:47:18.640 --> 01:47:20.640]  Hi, Randy.
[01:47:20.640 --> 01:47:23.640]  Hi. What do you have for us tonight?
[01:47:23.640 --> 01:47:28.640]  Okay, I was on hold for a while. My battery died, so I had to call you from my landline here.
[01:47:28.640 --> 01:47:34.640]  So hopefully you can hear me at the old-fashioned 1980-1990 version telephone here in my hand.
[01:47:34.640 --> 01:47:37.640]  You're okay, right?
[01:47:37.640 --> 01:47:38.640]  Yeah.
[01:47:38.640 --> 01:47:41.640]  I missed the ringer, is there? When were you cranking?
[01:47:41.640 --> 01:47:47.640]  I haven't used this thing in years, but the battery that on my cell phone charged it up because I was on hold for a while.
[01:47:47.640 --> 01:47:57.640]  Okay, just one thing I want to go that everybody should probably hear again, which is interesting, is that you are talking about when you save your documents online, legal documents,
[01:47:57.640 --> 01:48:03.640]  you want to put your last name, the date of the document, and the name of the document, correct?
[01:48:03.640 --> 01:48:20.640]  Yes, and use the international date format. That's your first, month-next, day-next, all in numbers. That causes the documents to order themselves in the folder in chronological order.
[01:48:20.640 --> 01:48:25.640]  I'm glad I asked you that question so that people know numbers only, then.
[01:48:25.640 --> 01:48:32.640]  Numbers only. You put in the month and letters, it screws it all up.
[01:48:32.640 --> 01:48:39.640]  For example, 0202-2018, correct?
[01:48:39.640 --> 01:48:50.640]  No, 2018-2-2-2. Your first, month-next, day-last.
[01:48:50.640 --> 01:48:54.640]  Okay, and it'll be double digits for the 0-2 and then 0-2 again?
[01:48:54.640 --> 01:49:01.640]  It didn't matter. Well, whichever you do, it's probably better to use double digits. That way it's consistent.
[01:49:01.640 --> 01:49:07.640]  Okay, that clears up a lot of problems right there because I did it completely the wrong way then.
[01:49:07.640 --> 01:49:16.640]  I actually wrote the whole month out like February, you know, the date and all that, so I'm glad I talked about this over the show.
[01:49:16.640 --> 01:49:21.640]  Okay, so I just wanted to spend maybe like four or five minutes and I'll let you go.
[01:49:21.640 --> 01:49:31.640]  I got a letter from the small claims and regarding a property that we've talked about, the foreclosure.
[01:49:31.640 --> 01:49:38.640]  I filed a small claims action against an attorney moving forward because I have never been officially served on the foreclosure lawsuit
[01:49:38.640 --> 01:49:43.640]  and I have a quick claim that I did about two years on the property and I've never been served.
[01:49:43.640 --> 01:50:00.640]  So I filed a small claims action in her county where she works out of and would I qualify for filing a less penicin to the case?
[01:50:00.640 --> 01:50:05.640]  Yes. Oh, not in the case. You filed a less penicin to the counter-recorder.
[01:50:05.640 --> 01:50:10.640]  No, they don't do that here in your county. You have to actually do a rate within the case. You can't, they don't do that.
[01:50:10.640 --> 01:50:14.640]  I already went down there today.
[01:50:14.640 --> 01:50:17.640]  That claim itself in New York.
[01:50:17.640 --> 01:50:27.640]  Well, okay, okay, that's unusual, but it doesn't matter so long as the less pendants carries with it imputed knowledge.
[01:50:27.640 --> 01:50:30.640]  Yes, right.
[01:50:30.640 --> 01:50:38.640]  That would make it very difficult to find the less pendants because if I want to buy a property,
[01:50:38.640 --> 01:50:44.640]  I go to the counter-recorder and I don't find the less pendants. They have to have some way for them.
[01:50:44.640 --> 01:50:50.640]  They must have a way for the court to give notice to the clerk so you can find it.
[01:50:50.640 --> 01:50:58.640]  Because say I go to buy a property and there's a claim against it and I don't know about it.
[01:50:58.640 --> 01:51:05.640]  There's pending litigation. I wouldn't know if it's not filed with the counter-recorder.
[01:51:05.640 --> 01:51:13.640]  Right. I was going to do that, but they said you have to file it directly into the case as a less pendants, as we file it directly into the case.
[01:51:13.640 --> 01:51:17.640]  Oh, file means file it because you have a claim against the property.
[01:51:17.640 --> 01:51:25.640]  Well, I didn't even know what I was, you know, I did a quick claim about two years ago on the property, which New York they charge close to $300, by the way.
[01:51:25.640 --> 01:51:28.640]  Well, you own the property.
[01:51:28.640 --> 01:51:30.640]  A quick claim, yeah.
[01:51:30.640 --> 01:51:33.640]  A quick claim. Your parents don't own the property anymore. You do.
[01:51:33.640 --> 01:51:41.640]  Right. And the taxes are in my name, which is really comical because they're suing her. And I get the tax bill.
[01:51:41.640 --> 01:51:45.640]  So you might file into the case that's going on now.
[01:51:45.640 --> 01:51:49.640]  The challenge to subject matter jurisdiction.
[01:51:49.640 --> 01:51:50.640]  Right.
[01:51:50.640 --> 01:51:51.640]  If...
[01:51:51.640 --> 01:51:57.640]  Notice and demand. Notice and demand and then file less pendants. Everything in New York is so damn expensive.
[01:51:57.640 --> 01:52:09.640]  Oh, no, listen, listen. Leslie, she was listening earlier. I don't know if she's still on, but she defended a case for a couple of years and it got right down to the end.
[01:52:09.640 --> 01:52:15.640]  And the other side filed a challenge subject matter jurisdiction because her husband's name wasn't in the suit.
[01:52:15.640 --> 01:52:21.640]  Failure to include a necessary party. You're the holder of the property, not your parents.
[01:52:21.640 --> 01:52:23.640]  Right.
[01:52:23.640 --> 01:52:32.640]  So you're a necessary party. So you file a subject matter jurisdiction challenge failure to include a necessary party to get the whole thing thrown out.
[01:52:32.640 --> 01:52:37.640]  Now they have to start all over again.
[01:52:37.640 --> 01:52:41.640]  I wonder why they're not serving me at all.
[01:52:41.640 --> 01:52:45.640]  I don't know. Sounds like it's trying to get suits thrown out.
[01:52:45.640 --> 01:52:52.640]  Yeah, they're not serving me. So, you know, they always put John and Jane, Jane Doe at the end of the lawsuit, you know.
[01:52:52.640 --> 01:53:12.640]  And so you file a petition in intervention and subject matter jurisdiction challenge because from the initiation of the action, you were a necessary party.
[01:53:12.640 --> 01:53:14.640]  Okay.
[01:53:14.640 --> 01:53:29.640]  Yeah, I'm going to follow it before the hearing on February the night. And last thing I was going to ask you is filing a motion for petition for for the judge's financial records disclosure.
[01:53:29.640 --> 01:53:34.640]  See, there's, oh yeah, do you have a copy of my motion on that?
[01:53:34.640 --> 01:53:45.640]  Yes. And I was going to ask you to get their attention. You got to file as a motion, which is $45 in New York because if you filed as a petition, there's no fee for it, but they just ignore it.
[01:53:45.640 --> 01:53:49.640]  Yeah, because this is not a petition. There's only three petitions.
[01:53:49.640 --> 01:53:52.640]  Right. So I would file it correct.
[01:53:52.640 --> 01:54:05.640]  Yeah, petition is the original petition. The original suit is a petition. A challenge to subject matter jurisdiction is a petition and a claim of double jeopardy is a petition.
[01:54:05.640 --> 01:54:08.640]  Those are the petitions. Everything else is a motion.
[01:54:08.640 --> 01:54:09.640]  Okay.
[01:54:09.640 --> 01:54:14.640]  Okay, because I don't think they charge for petitions within the case. The only charge for motions.
[01:54:14.640 --> 01:54:22.640]  Okay. And that fits because in the case, subject matter jurisdiction says this thing was void from the get go.
[01:54:22.640 --> 01:54:27.640]  The subject matter jurisdiction challenge is filed at arms length to the court.
[01:54:27.640 --> 01:54:34.640]  You're trying to take jurisdiction over me or my property and you don't have it. So it's appropriate that they don't get charged for that.
[01:54:34.640 --> 01:54:44.640]  The other ones filed in a criminal case, double jeopardy. I've already been charged with this once. You can't come back and charge me again. They shouldn't have to pay to do that either.
[01:54:44.640 --> 01:54:47.640]  So that's probably why.
[01:54:47.640 --> 01:55:00.640]  So basically, in conclusion, before I let you go, meet your next question, your next caller is that since I have a small claims file against the attorney representing the bank, and I did my quick claim two years ago, book and page number.
[01:55:00.640 --> 01:55:10.640]  I'm not eligible to do a less punch. I already have it all. No, no, no, you can't do less penance on that because you don't have that's not creating a claim against the property.
[01:55:10.640 --> 01:55:14.640]  That's just a claim against that lawyer.
[01:55:14.640 --> 01:55:17.640]  You don't have grounds for less spendings.
[01:55:17.640 --> 01:55:28.640]  Not yet. You need to you need to file an action against the property like the subject matter jurisdiction challenge and petition and intervention.
[01:55:28.640 --> 01:55:35.640]  And yeah, it's called petition and intervention, but it's really a motion to intervene.
[01:55:35.640 --> 01:55:38.640]  Okay. And that would be filed directly into the case, right?
[01:55:38.640 --> 01:55:39.640]  Yes.
[01:55:39.640 --> 01:55:42.640]  Okay. Thanks, Randy.
[01:55:42.640 --> 01:55:51.640]  Okay. Now we're going to go to Ken in New York. Hello, Ken. We've got to move quickly. Only got three minutes. What do you have for us?
[01:55:51.640 --> 01:55:59.640]  I don't know if I blew a consult for an injury case that I'm dealing with.
[01:55:59.640 --> 01:56:10.640]  The lawyer asked me if my current podiatrist would testify against the podiatrist that caused the injury when I don't want to destroy the relationship.
[01:56:10.640 --> 01:56:15.640]  Was that wrong for him to do or is that necessary? I don't think it is.
[01:56:15.640 --> 01:56:18.640]  It's necessary.
[01:56:18.640 --> 01:56:27.640]  It depends on is that the only podiatrist who could testify for you?
[01:56:27.640 --> 01:56:33.640]  Unless I guess I would have to be an expert witness.
[01:56:33.640 --> 01:56:43.640]  Yeah, just get another podiatrist to look at your foot and have him testify instead of this guy's buddy.
[01:56:43.640 --> 01:56:51.640]  Yeah, because I said, isn't that like asking the lawyer to testify against another lawyer? And then he said, well, I really can't help you.
[01:56:51.640 --> 01:56:55.640]  I don't know if I touched the nerve or something.
[01:56:55.640 --> 01:57:05.640]  You probably did, but one podiatrist against another. These two aren't personal friends. That's not a big deal.
[01:57:05.640 --> 01:57:15.640]  But if they're personal friends, then yeah, but just one doctor against another doctor that he comes in as an expert witness.
[01:57:15.640 --> 01:57:17.640]  And that's not an issue.
[01:57:17.640 --> 01:57:20.640]  Okay. All right. All right. Thank you. Good night.
[01:57:20.640 --> 01:57:24.640]  Okay. Thank you, Ken. Okay.
[01:57:24.640 --> 01:57:31.640]  We are out of callers and we're out of time. This is Randy Kelton. We have our radio.
[01:57:31.640 --> 01:57:44.640]  We've got one minute left. So if you get a chance, go to trafficticket.website and put in ticket information.
[01:57:44.640 --> 01:57:52.640]  Even if it's just junk to ticket information, pull down the documentation, especially if you live in Texas.
[01:57:52.640 --> 01:58:05.640]  And read over that documentation. It will give you a very good overview of how to go about addressing a traffic citation in Texas.
[01:58:05.640 --> 01:58:13.640]  And by the end of next week, I will have the site enhanced considerably.
[01:58:13.640 --> 01:58:22.640]  And we'll start marketing it directly and we'll see if we can't get traffic prosecutions shut down in Texas.
[01:58:22.640 --> 01:58:31.640]  Okay. We will be back next week. Same time. 8 o'clock on Thursday and Friday, two-hour show Thursday, four-hour show Friday.
[01:58:31.640 --> 01:58:40.640]  And make sure you check out Eddie Craig or 8 o'clock central on Monday nights. He does the traffic show.
[01:58:40.640 --> 01:58:50.640]  Thank you all for listening and good night.
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