[00:00.000 --> 00:05.780]  The following news flashes brought to you by The Low Star Lowdown, providing the deli
[00:05.780 --> 00:13.500]  bulletins for the commodities market, Today in History, News Updates, and the inside scoop
[00:13.500 --> 00:21.300]  into the tides of the alternative.
[00:21.300 --> 00:27.500]  Markets for Wednesday, the 6th of February, 2019, opened with gold at $1,313.70 an ounce,
[00:27.500 --> 00:35.360]  over $15.77 an ounce, copper $2.83 an ounce, oil, Texas crude $3.66 a barrel, brand crude
[00:35.360 --> 00:43.400]  $61.98 a barrel, and cryptos in order of market capitalization, Bitcoin $3,401.64, Ripple
[00:43.400 --> 00:54.240]  XRP $0.29, Ethereum $10.10, and EOS is at $2.32 a crypto coin.
[00:54.240 --> 00:59.640]  Today in History, the year 1918, British women over the age of 30 who meet minimum property
[00:59.640 --> 01:04.560]  qualifications get the right to vote when the representation of the People Act of 1918
[01:04.560 --> 01:09.560]  was passed by Parliament.
[01:09.560 --> 01:14.200]  In recent news, several Texas-based organizations filed a lawsuit today, requesting that a federal
[01:14.200 --> 01:18.960]  court stop the state from flagging about 95,000 people as potentially illegally registered
[01:18.960 --> 01:19.960]  to vote.
[01:19.960 --> 01:25.320]  This was compiled after an 11-month-long investigation by the Office of the Texas Secretary of State
[01:25.320 --> 01:29.960]  and the Texas Department of Public Safety, which sought to identify non-U.S. citizens
[01:29.960 --> 01:33.360]  who were registered to vote when obtaining age-orbitage license.
[01:33.360 --> 01:37.040]  Over half of the 95,000 didn't vote, it seems.
[01:37.040 --> 01:41.080]  However, further controversy was raised when it became clear that some of the names were
[01:41.080 --> 01:45.240]  not in fact belonging to those who were non-citizens and registered.
[01:45.240 --> 01:50.880]  Apparently, around 25% of all Latino immigrants become naturalized, gaining the right to vote.
[01:50.880 --> 01:55.240]  Registered voters who receive letters querying their citizenship have 30 days to respond
[01:55.240 --> 01:57.040]  with proof of eligibility.
[01:57.040 --> 02:01.240]  Texas Attorney General Ken Paxton and David Whitley, the Texas Secretary of State, have
[02:01.240 --> 02:09.000]  yet to officially comment regarding this list and any updates pertaining to it.
[02:09.000 --> 02:14.400]  A Texas man of only 24 years old, William Brown, died from a severed artery in his neck after
[02:14.400 --> 02:16.960]  a vape pen exploded while he was using it.
[02:16.960 --> 02:20.680]  It apparently happened in the parking lot of the vape shop where he got it.
[02:20.680 --> 02:24.280]  An x-ray revealed that a piece of metal was embedded in his brainstem.
[02:24.280 --> 02:30.480]  The vape store, Smoke and Vape DZ, has refused to comment.
[02:30.480 --> 02:35.240]  First-Edition Anchorwoman Kristin Diaz interviewed Aislin Campbell, the executive director of
[02:35.240 --> 02:40.200]  Grow Local, South Texas, concerning the upcoming Texas Organic Farmers and Gardeners Association
[02:40.200 --> 02:44.600]  Conference, which will be taking place at the Corpus Christi Omni Hotel from February
[02:44.600 --> 02:47.480]  14th to 16th, 6 to 9 p.m.
[02:47.480 --> 02:51.480]  You can find the interview at kiiitv.com.
[02:51.480 --> 03:17.480]  This was Rick Rody with your lowdown for February 6th, 2019.
[03:17.480 --> 03:28.680]  Okay, we are back.
[03:28.680 --> 03:35.960]  Randy Kelton, rule of law radio, and we're talking to John in New York.
[03:35.960 --> 03:37.960]  New York.
[03:37.960 --> 03:38.960]  Yep.
[03:38.960 --> 03:39.960]  Okay.
[03:39.960 --> 03:41.960]  All right.
[03:41.960 --> 03:49.320]  Now, follow my reasoning, see if I'm reasoning properly.
[03:49.320 --> 03:52.120]  And this has to do with getting the traffic tickets.
[03:52.120 --> 03:57.000]  I got a ticket once for going through a red light, and I knew very well that I had not
[03:57.000 --> 03:59.680]  gone through a red light.
[03:59.680 --> 04:00.920]  So here's how it goes.
[04:00.920 --> 04:07.880]  The plaintiffs slash the people are required to first prove beyond a reasonable doubt the
[04:07.880 --> 04:10.280]  charge against the defendant.
[04:10.280 --> 04:16.000]  So when a police officer says, you went through a red light, or when the cop says, you were
[04:16.000 --> 04:23.280]  doing 72 and a 55, and my radar gun says so, this is just, as far as I can see, this is
[04:23.280 --> 04:25.560]  just an accusation.
[04:25.560 --> 04:29.880]  And the rules of evidence are never followed in traffic court because all the cops does
[04:29.880 --> 04:35.880]  is stand up and say, you've done it because I've seen you do it, and then you're expected
[04:35.880 --> 04:40.760]  to prove a negative, but the cop never proves you did anything.
[04:40.760 --> 04:46.520]  Well, the cop doesn't hiss a credible person.
[04:46.520 --> 04:53.120]  When a credible person makes an affirmative statement of facts, the court is required
[04:53.120 --> 05:03.200]  to accept that affirmative statement of fact as true unless or until it is refuted.
[05:03.200 --> 05:10.480]  So the policeman makes this assertion of fact that I clocked you with my radar gun, traveling
[05:10.480 --> 05:12.600]  at this speed.
[05:12.600 --> 05:23.040]  And the court is required to accept that as true until you have done something, okay,
[05:23.040 --> 05:27.320]  that creates prima facia.
[05:27.320 --> 05:34.520]  The officer's testimony creates prima facia evidence that gives the court, since they
[05:34.520 --> 05:43.000]  are required to accept statements of the litigants as true unless those statements are refuted
[05:43.000 --> 05:50.000]  by the other side, then once the officer says, I clocked him going this speed, the judge
[05:50.000 --> 05:52.600]  is required to accept that as true.
[05:52.600 --> 05:59.960]  That is the established prima facia evidence of a court.
[05:59.960 --> 06:06.320]  Now the onus goes back to you to disprove the statement of the officer.
[06:06.320 --> 06:12.320]  Yeah, but you see, that's not really fair because radar guns, I can tell you, it's not
[06:12.320 --> 06:14.520]  about fairness.
[06:14.520 --> 06:16.320]  Forget fairness.
[06:16.320 --> 06:18.200]  This has nothing to do with fairness.
[06:18.200 --> 06:21.000]  It has to do with rule of law.
[06:21.000 --> 06:24.600]  We've got to follow it.
[06:24.600 --> 06:26.000]  I understand.
[06:26.000 --> 06:28.400]  I used to calibrate radar guns.
[06:28.400 --> 06:35.440]  I used to help the chief engineer calibrate radar guns for one of the counties.
[06:35.440 --> 06:39.360]  And he sometimes would get back up and he'd have me come in and help.
[06:39.360 --> 06:43.320]  And I can tell you that not always the radar guns calibrated.
[06:43.320 --> 06:45.520]  But anyway, that's beside the point.
[06:45.520 --> 06:52.880]  Since I'm wrong about that, the rules of evidence are being followed then.
[06:52.880 --> 06:56.160]  In 1980, I was ticketed for going through a red light.
[06:56.160 --> 06:59.360]  I knew very well I did not go through the red light.
[06:59.360 --> 07:00.600]  I didn't think it.
[07:00.600 --> 07:01.600]  I knew it.
[07:01.600 --> 07:02.600]  There's a difference.
[07:02.600 --> 07:08.640]  And if you stop to think about it, the cop is always right and the driver is always wrong.
[07:08.640 --> 07:14.720]  The cop very obviously could not possibly have had any evidence that I went through a red
[07:14.720 --> 07:18.240]  light because I actually didn't, which is OK.
[07:18.240 --> 07:19.240]  Hold on.
[07:19.240 --> 07:20.480]  Here's the problem here.
[07:20.480 --> 07:34.240]  We have to find some way of generating an orderly court that in most cases will lead to a just
[07:34.240 --> 07:40.920]  outcome in order to be able to adjudicate cases.
[07:40.920 --> 07:49.080]  We have to have some methodology and it does create an imbalance when an officer comes
[07:49.080 --> 07:54.640]  before the court and a search to a fact.
[07:54.640 --> 08:00.160]  Now the court's going to look at that officer with the presumption that the officer doesn't
[08:00.160 --> 08:02.400]  really have a dog in this hunt.
[08:02.400 --> 08:05.680]  How he's just doing his job?
[08:05.680 --> 08:07.880]  He don't care.
[08:07.880 --> 08:11.000]  It's not like he's out to get you.
[08:11.000 --> 08:14.960]  He writes too many tickets to be out to get everybody.
[08:14.960 --> 08:24.080]  So and his statement generates prima facia evidence that the court must accept his prima
[08:24.080 --> 08:25.080]  facia.
[08:25.080 --> 08:33.520]  The problem here is overcoming the statements of the officer.
[08:33.520 --> 08:38.280]  It's not enough that you were innocent.
[08:38.280 --> 08:42.160]  You have to be able to demonstrate that you were innocent.
[08:42.160 --> 08:45.600]  And if you're just driving mind and your own business and the cop pulls you over and says
[08:45.600 --> 08:51.240]  I clocked you back there at this speed and you may or may not have even seen him, you
[08:51.240 --> 08:56.280]  really have no way of refuting his testimony.
[08:56.280 --> 09:00.800]  It does put you at a disadvantage.
[09:00.800 --> 09:06.400]  That's why I never want to go to the merits, especially in traffic because it's highly
[09:06.400 --> 09:09.040]  weighted against you.
[09:09.040 --> 09:12.520]  It's just the nature of the beast.
[09:12.520 --> 09:21.560]  Right, all right, well here's what happened, this is the real world.
[09:21.560 --> 09:27.200]  I sat there, I was working at a station for one extra day for a little extra pay and they
[09:27.200 --> 09:28.200]  paid me good.
[09:28.200 --> 09:31.400]  They paid me more than I did at my home station.
[09:31.400 --> 09:35.120]  And I was going to be darned if I was going to let somebody take that away from me.
[09:35.120 --> 09:42.640]  So I sat, it was a Saturday night, it was about six o'clock and I went through town
[09:42.640 --> 09:46.800]  and the next town over and they got me for doing a red light.
[09:46.800 --> 09:49.640]  And I knew very well I hadn't gone through a red light.
[09:49.640 --> 09:55.200]  So I'm sitting there having dinner and I'm going to myself, what am I going to do?
[09:55.200 --> 09:56.200]  I don't know.
[09:56.200 --> 09:57.200]  I don't know what to do.
[09:57.200 --> 10:03.840]  So I said, huh, they always say the criminal goes back to the scene of the crime.
[10:03.840 --> 10:07.120]  So I'm going back to the scene of the crime.
[10:07.120 --> 10:13.120]  So I stood in the intersection for 45 minutes, freeing my tail off in the wind and I didn't
[10:13.120 --> 10:16.160]  know what I was going to do, I didn't know what I was going to find, I didn't know what
[10:16.160 --> 10:22.040]  I was going to accomplish, I had no idea what in heaven's name I was doing, which is pretty
[10:22.040 --> 10:23.040]  good for me.
[10:23.040 --> 10:25.360]  That's about average.
[10:25.360 --> 10:29.720]  I'm standing there and I realized, I'm looking at the light and I said, wait a minute, wait
[10:29.720 --> 10:35.960]  a minute, that red light, it was on for five seconds and then it turned green.
[10:35.960 --> 10:39.760]  And then the green light came on and it was on for 10 seconds and it turned red.
[10:39.760 --> 10:43.560]  And I said, wait a minute, there's something wrong with the traffic signal.
[10:43.560 --> 10:49.240]  So there was a store with a window with a clock in it and I timed it with the sweep
[10:49.240 --> 10:55.880]  second hand and I come to find out that the red light was always different and the green
[10:55.880 --> 10:58.520]  light was on for a different time every time.
[10:58.520 --> 11:00.280]  I said, well, that's what it was.
[11:00.280 --> 11:04.400]  I knew I didn't go through a red light, the light turned green and I went.
[11:04.400 --> 11:09.160]  What happened was after I went through the intersection, the light turned red immediately
[11:09.160 --> 11:13.120]  and the cop didn't bother to stand there and check the traffic signal like he's supposed
[11:13.120 --> 11:16.880]  to do, but you know, he doesn't care.
[11:16.880 --> 11:21.640]  It's more money, it makes him look good and I disagree strongly with, he doesn't have
[11:21.640 --> 11:27.880]  any dogs in the hot, you know, he gets put on a bad boy report and if they don't have
[11:27.880 --> 11:34.200]  quotas, I learned this from the chief of police in my town about 35, 40 years ago.
[11:34.200 --> 11:38.960]  He says they may not have quotas anymore, but if you get put on a bad boy report, you
[11:38.960 --> 11:41.360]  didn't have enough tickets and you'd better start.
[11:41.360 --> 11:46.360]  Okay, we're talking about two different things.
[11:46.360 --> 11:51.680]  When you go in into court, we're talking about how the courts are designed and structured
[11:51.680 --> 11:53.840]  to work.
[11:53.840 --> 12:04.960]  In the real world, there are always influences that can be, that can skew the intent of the
[12:04.960 --> 12:14.600]  legislature instruction, the laws, but you can't, the laws can't adjust for everything.
[12:14.600 --> 12:22.960]  How would you adjust laws for policemen who have to write so many tickets or the boss
[12:22.960 --> 12:28.280]  is going to be upset at them?
[12:28.280 --> 12:29.280]  Now what do you mean?
[12:29.280 --> 12:31.800]  How do you fix that?
[12:31.800 --> 12:33.320]  That's the problem.
[12:33.320 --> 12:41.400]  You're speaking to quotas, there are no actual written quotas anymore, but if you don't write
[12:41.400 --> 12:46.600]  tickets, the boss is going to be upset at you, how do you fix that?
[12:46.600 --> 12:48.520]  That's a good question.
[12:48.520 --> 12:52.880]  How do you fix it so that they can't get around it?
[12:52.880 --> 12:54.680]  I don't know.
[12:54.680 --> 13:01.920]  In a perfect world, that would not be an issue, but if this were a perfect world, I'm pretty
[13:01.920 --> 13:06.400]  sure I wouldn't be in it.
[13:06.400 --> 13:08.600]  So nothing's going to be perfect.
[13:08.600 --> 13:13.280]  We're going to have some inequities, we just need to learn how to deal with them.
[13:13.280 --> 13:18.240]  When you speak to the problem with addressing, I clocked you at this speed, I just got a
[13:18.240 --> 13:23.360]  ticket for 64 and a 45.
[13:23.360 --> 13:28.240]  The last thing I'm going to do is go to the merits of this case.
[13:28.240 --> 13:30.640]  Oh yeah, that's right.
[13:30.640 --> 13:31.960]  That's right.
[13:31.960 --> 13:39.760]  So first, I want to see the officer's specific statutory authority to enforce the commercial
[13:39.760 --> 13:41.240]  transportation code.
[13:41.240 --> 13:46.840]  Okay, she's the Comcast authority to enforce it, all right.
[13:46.840 --> 13:52.400]  And the next thing I'm going to want to see is the determination of probable cause for
[13:52.400 --> 13:54.080]  some neutral magistrate.
[13:54.080 --> 13:57.080]  Now say that again.
[13:57.080 --> 14:03.200]  The determination of probable cause order issued by some neutral magistrate.
[14:03.200 --> 14:08.680]  Oh yeah, the determinant of this probable cause in the case, right.
[14:08.680 --> 14:10.680]  After a preliminary hearing.
[14:10.680 --> 14:11.680]  What?
[14:11.680 --> 14:16.320]  Well, in New York state, we don't get a preliminary hearing with traffic tickets.
[14:16.320 --> 14:17.840]  Right.
[14:17.840 --> 14:20.720]  You don't in any state.
[14:20.720 --> 14:24.520]  But the statute still requires it.
[14:24.520 --> 14:27.440]  What requires it?
[14:27.440 --> 14:28.440]  Statute.
[14:28.440 --> 14:30.960]  Oh, statute requires it.
[14:30.960 --> 14:43.520]  So far, this was a provision that went into the Magna Carta passed in 1215 AD.
[14:43.520 --> 14:50.400]  That if any free person is arrested for any reason, they are to be taken directly to the
[14:50.400 --> 14:55.880]  nearest magistrate and the officer is to explain himself.
[14:55.880 --> 15:02.760]  And the accused gets opportunity to state his side and the judge decides whether or
[15:02.760 --> 15:09.080]  not the person must stand and answer, not the policeman.
[15:09.080 --> 15:13.480]  It's been in place for six and for 800 years.
[15:13.480 --> 15:18.120]  Well, how do they get away with another attorney told me they don't do that?
[15:18.120 --> 15:25.160]  Yes, how many criminal charges have you filed against him for that?
[15:25.160 --> 15:29.520]  Never because that's how they get away with it.
[15:29.520 --> 15:33.800]  So I'm in Weakley County, Tennessee.
[15:33.800 --> 15:39.000]  And I have observed the courts in Weakley County, Tennessee.
[15:39.000 --> 15:44.280]  And I do seminars all over the country and everybody tells me, oh, my county is the most
[15:44.280 --> 15:46.520]  corrupt county in the nation.
[15:46.520 --> 15:53.520]  Well, nobody's going to say that about Weakley County, Tennessee.
[15:53.520 --> 15:59.440]  We only have, they have gotten rid of magistrates, you only have one magistrate in the county
[15:59.440 --> 16:03.920]  and that's the general sessions judge.
[16:03.920 --> 16:10.880]  And I went to a hearing and they were bringing people out of the jail, taking them to the
[16:10.880 --> 16:15.680]  public defender and then they went before the court and waived all their rights and
[16:15.680 --> 16:17.440]  took a deal.
[16:17.440 --> 16:20.440]  And I'm thinking, this is wrong.
[16:20.440 --> 16:22.360]  This is just absolutely wrong.
[16:22.360 --> 16:24.960]  This is what I see everywhere.
[16:24.960 --> 16:28.000]  It turned out I was mistaken.
[16:28.000 --> 16:30.840]  I was mistaken.
[16:30.840 --> 16:33.720]  I thought this was a first hearing.
[16:33.720 --> 16:34.720]  It was not.
[16:34.720 --> 16:37.400]  It was a second hearing.
[16:37.400 --> 16:44.000]  I went back and watched the first hearing where people are first brought before the magistrate
[16:44.000 --> 16:47.640]  and we're about to go to break, I'll explain what happened after that.
[16:47.640 --> 16:50.320]  I was impressed.
[16:50.320 --> 16:59.320]  Randy Kelton, rule of law radio, a call in number 512-646-1984, we'll be right back.
[16:59.320 --> 17:04.320]  Rule of law radio is proud to offer the rule of law traffic similar.
[17:04.320 --> 17:07.880]  In today's America, we live in an us against them society and if we the people are ever
[17:07.880 --> 17:12.240]  going to have a free society then we're going to have to stand and defend our own rights.
[17:12.240 --> 17:15.280]  Among those rights are the right to travel freely from place to place, the right to act
[17:15.280 --> 17:19.280]  in our own private capacity and most importantly, the right to due process of law.
[17:19.280 --> 17:23.160]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[17:23.160 --> 17:25.000]  our rights through due process.
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[17:28.520 --> 17:32.280]  most comprehensive teaching tool available that will help you understand what due process
[17:32.280 --> 17:34.360]  is and how to hold the courts to the rule of law.
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[19:00.680 --> 19:29.040]  Okay, we are back, Randy Kelton, ruleoflawradio and we're talking to John in New York.
[19:29.040 --> 19:32.280]  Okay, I was mistaken.
[19:32.280 --> 19:34.840]  This was a second hearing.
[19:34.840 --> 19:39.560]  I went back and observed a preliminary hearing.
[19:39.560 --> 19:44.160]  They actually held preliminary hearings.
[19:44.160 --> 19:51.160]  When I walked in the courtroom, the judge was talking to someone and first thing that happened
[19:51.160 --> 19:56.240]  is the guy raised his voice on an answer and the judge said, what are you raising your
[19:56.240 --> 19:57.240]  voice at me for?
[19:57.240 --> 20:07.200]  I'm just asking a question here and he kind of calmed the guy down and when they finished,
[20:07.200 --> 20:12.800]  the guy said to the judge that I apologize for my outburst and I appreciate the fact
[20:12.800 --> 20:18.800]  that you were tolerant with me and the judge said, well, I appreciate the fact that you
[20:18.800 --> 20:26.600]  appreciated that and someone in the audience stood up and said, Your Honor, I'd like to
[20:26.600 --> 20:31.280]  express my appreciation for the fact that you appreciated the fact that he appreciated
[20:31.280 --> 20:39.240]  that and the judge looked at him and said, I appreciate that.
[20:39.240 --> 20:44.800]  That was the tone of the entire hearing.
[20:44.800 --> 20:53.240]  No one left that courtroom feeling like they had been mistreated by the judge.
[20:53.240 --> 20:57.880]  Some he put in jail, he revoked probation.
[20:57.880 --> 21:02.440]  Some he assessed fines against the standard stuff.
[21:02.440 --> 21:07.520]  One of them in the first hearing I went to, they brought this woman before him and he
[21:07.520 --> 21:16.400]  said, well, Miss Flossie, you again, he said, how many times have you been before me?
[21:16.400 --> 21:19.560]  And she kind of ducked her head and didn't answer.
[21:19.560 --> 21:24.840]  He said, look at the screen and said, I see five here.
[21:24.840 --> 21:30.600]  We've been trying to collect a fine from you for seven years.
[21:30.600 --> 21:36.240]  Miss Flossie, it is clear we are not going to collect any money from you.
[21:36.240 --> 21:40.440]  So I figured he's about to lower the boom on her.
[21:40.440 --> 21:51.000]  He said, I'm going to convert this fine into a civil assessment.
[21:51.000 --> 21:56.920]  So you don't have to worry about ever being arrested for it again.
[21:56.920 --> 21:58.560]  He did that in both hearings.
[21:58.560 --> 22:02.800]  He did it to someone else in the second hearing I went to.
[22:02.800 --> 22:05.360]  Frankly, I was astounded.
[22:05.360 --> 22:09.120]  The first hearing I went to, I dropped some criminal complaints on him against public
[22:09.120 --> 22:10.120]  officials.
[22:10.120 --> 22:16.800]  He did the standard thing, referred me to prosecutor, wouldn't hold a preliminary hearing.
[22:16.800 --> 22:23.600]  But after the official part, then we talked for a while.
[22:23.600 --> 22:29.200]  And I referenced this thing of converting a fine to a civil penalty.
[22:29.200 --> 22:33.560]  He said, I'm not sure that's legal.
[22:33.560 --> 22:39.940]  But I talked to the prosecutor and we decided we would just do it if somebody raises a
[22:39.940 --> 22:40.940]  complaint.
[22:40.940 --> 22:43.880]  We'll handle that when we get to it.
[22:43.880 --> 22:53.120]  He went on to say, I just cannot bring myself to be a debt collector for the state.
[22:53.120 --> 23:03.000]  John, there are judges out there who actually do it the way we want.
[23:03.000 --> 23:15.720]  I had told him in a previous time before him about what we were discussing, what I thought
[23:15.720 --> 23:17.920]  they should be doing.
[23:17.920 --> 23:22.320]  And I'm insisting that they hold a preliminary hearing.
[23:22.320 --> 23:27.920]  And I told him, as far as I'm concerned, the preliminary hearing for the most part is song
[23:27.920 --> 23:31.520]  and dance in South Sudan, Japan.
[23:31.520 --> 23:36.260]  All these years, I've had a lot of people call into my show.
[23:36.260 --> 23:43.820]  Some people call in for remedy, more so now than used to after we've done the show a long
[23:43.820 --> 23:45.980]  time and gotten known better.
[23:45.980 --> 23:53.660]  But initially, for the most part, people did not so much call in for remedy as they just
[23:53.660 --> 23:57.820]  needed to be heard.
[23:57.820 --> 24:03.980]  When you listen to my show and I've had people come in about, why did you leave this person
[24:03.980 --> 24:04.980]  on so long?
[24:04.980 --> 24:06.820]  They were just whining and crying.
[24:06.820 --> 24:13.460]  I said, yeah, sometimes people just need to be heard.
[24:13.460 --> 24:18.740]  They're not always as interested in remedy as they are to be heard.
[24:18.740 --> 24:20.420]  And this is what I told the judge.
[24:20.420 --> 24:22.820]  They just want to be heard.
[24:22.820 --> 24:31.340]  And I subsequently went to the right hearing, and that's exactly what he gave them.
[24:31.340 --> 24:40.860]  However, the criminal complaints that I filed against these officers, one of them touched
[24:40.860 --> 24:45.340]  me to keep me from going into a courtroom.
[24:45.340 --> 24:47.740]  He didn't know I wasn't going in the courtroom.
[24:47.740 --> 24:51.860]  I was going to go talk to the bailiff to get a document I'd asked for.
[24:51.860 --> 24:58.740]  And he grabbed me from behind both arms, this is a few weeks ago, and real soft, he just
[24:58.740 --> 25:04.980]  barely grabbed me right above the elbow with his thumb and forefinger on both sides.
[25:04.980 --> 25:07.540]  Clearly he intended for me to pull loose.
[25:07.540 --> 25:12.260]  And all I did was tell him he was a Jack Booty thug.
[25:12.260 --> 25:15.100]  He accused me, said an officer, said I hated him.
[25:15.100 --> 25:17.460]  I said, oh no, that officer was great.
[25:17.460 --> 25:22.220]  He had to file criminal charges against him, but that's just because I wanted him to throw
[25:22.220 --> 25:23.220]  the judge under the bus.
[25:23.220 --> 25:24.220]  But he was great.
[25:24.220 --> 25:25.220]  He was a professional officer.
[25:25.220 --> 25:29.300]  If I need somebody with a gun, I want you to send that guy.
[25:29.300 --> 25:31.580]  He's not a Jack Booty thug like you are.
[25:31.580 --> 25:36.180]  Well, the captain was not pleased with that, so when I turned away from him, he grabbed
[25:36.180 --> 25:41.780]  me from behind and backed me up, turned me in the other direction, said you're not going
[25:41.780 --> 25:42.780]  in that courtroom.
[25:42.780 --> 25:48.740]  And my response was, I looked down at my arm where you touched me, and I said, you touched
[25:48.740 --> 25:49.740]  me.
[25:49.740 --> 25:51.500]  Yes, I did try to go in that court.
[25:51.500 --> 25:52.500]  I'll touch you again.
[25:52.500 --> 25:59.060]  And I pointed at the spot where you touched me, but, but you touched me.
[25:59.060 --> 26:01.060]  Yes, I did.
[26:01.060 --> 26:06.620]  So I said, that pistol you're wearing, is it loaded?
[26:06.620 --> 26:07.620]  Yes, it is.
[26:07.620 --> 26:09.740]  Well, I better get out of here.
[26:09.740 --> 26:10.740]  And I did.
[26:10.740 --> 26:16.460]  I went down and got my cell phone out of the car and called 911 and asked him to come out
[26:16.460 --> 26:20.580]  and arrest him for aggravated assault.
[26:20.580 --> 26:24.060]  He was the captain on the Sheriff's Department.
[26:24.060 --> 26:29.860]  So this is part of the complaints I filed with this judge.
[26:29.860 --> 26:34.180]  And he refused to hold a preliminary hearing, said I should take him to the prosecutor's
[26:34.180 --> 26:35.180]  hearing attorney.
[26:35.180 --> 26:37.460]  Well, I did.
[26:37.460 --> 26:43.060]  I just checked the indictments and the criminal complaints filed in the record.
[26:43.060 --> 26:47.700]  There is no evidence of these complaints I filed anywhere.
[26:47.700 --> 26:52.900]  So I'm going to go to the next preliminary hearing this judge holds and the prosecutor
[26:52.900 --> 26:55.740]  will be there.
[26:55.740 --> 27:00.860]  And when they get close to the end, I'm going to tell the bailiff to tell the prosecutor
[27:00.860 --> 27:06.220]  that at the end of this hearing, he might want to hang around a little bit.
[27:06.220 --> 27:13.300]  He might want to hear what I've got to do, what I'm bringing to the judge and I'm bringing
[27:13.300 --> 27:19.940]  to the judge criminal charges against the prosecutor.
[27:19.940 --> 27:28.900]  The judge tells me that the sheriff himself, the public defender and the prosecutor all
[27:28.900 --> 27:33.860]  want to do things right according to law.
[27:33.860 --> 27:40.140]  So how do we get them to recognize what the problem is?
[27:40.140 --> 27:44.260]  Everybody sent me to the prosecutor with my complaints because the prosecutor did not
[27:44.260 --> 27:46.340]  act on them.
[27:46.340 --> 27:55.300]  So I go in and ask the judge who sent me to the prosecutor to have the prosecutor arrested.
[27:55.300 --> 28:00.300]  That is not going to make him happy.
[28:00.300 --> 28:05.380]  I want you to hold a preliminary hearing on my criminal complaints.
[28:05.380 --> 28:06.900]  So what's he going to say?
[28:06.900 --> 28:10.500]  Will you need to take those to the prosecuting attorney?
[28:10.500 --> 28:14.020]  Well, that's what the criminal complaints are for.
[28:14.020 --> 28:17.340]  I already did that.
[28:17.340 --> 28:23.660]  And the point is, is getting an opportunity to talk to the judge and the prosecutor about
[28:23.660 --> 28:24.660]  this problem.
[28:24.660 --> 28:31.940]  Let's say, Mr. Prosecutor, this is the door you open.
[28:31.940 --> 28:39.300]  When you follow this process, you run the risk of me doing this to you tomorrow and
[28:39.300 --> 28:46.940]  the next day and the day after that, and it's not anything you can do about it other than
[28:46.940 --> 28:50.540]  follow law.
[28:50.540 --> 28:58.060]  Have the judge in a preliminary hearing throw out these complaints.
[28:58.060 --> 29:04.460]  Then I'm going to ask the judge for findings, effect, and conclusions of the law, and when
[29:04.460 --> 29:09.580]  I get those from him, I'm going to bring the complaints back and send them, or I'll get
[29:09.580 --> 29:15.500]  the complaints and send them to a local grand jury foreman and let the prosecutor try to
[29:15.500 --> 29:18.620]  intercept them and see how that works for you.
[29:18.620 --> 29:21.020]  Oh, that's about it.
[29:21.020 --> 29:25.820]  I think I may be able to get them to do it right.
[29:25.820 --> 29:32.900]  And if I can, now I got a county that I can point these counties that aren't doing it
[29:32.900 --> 29:36.780]  right to this county and say, look at how they're doing it.
[29:36.780 --> 29:40.380]  I want to videotape, make a podcast of this guy's hearings.
[29:40.380 --> 29:42.220]  This is how this works.
[29:42.220 --> 29:44.740]  This is how well it works.
[29:44.740 --> 29:49.540]  Doesn't interfere with their, any of their adjudication process, doesn't cost them anything
[29:49.540 --> 29:54.340]  extra, but it generates good will with the public.
[29:54.340 --> 29:56.100]  We may actually get them to start doing it right.
[29:56.100 --> 30:01.940]  Hang on, going to break, Randy Calton, we'll be right back.
[30:01.940 --> 30:03.940]  Let's get physical, physical.
[30:03.940 --> 30:10.260]  Hey, if you exercise even a tent as much as you should, you can extend your life by years.
[30:10.260 --> 30:15.580]  I'm Dr. Catherine Albrecht and I'll hike right back with the good news in just a moment.
[30:15.580 --> 30:20.900]  Your search engine is watching you, recording all your searches and creating a massive database
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[30:45.700 --> 30:46.700]  Exercise.
[30:46.700 --> 30:50.340]  We all know we need it, but we don't always take the time to do it.
[30:50.340 --> 30:55.260]  Now new evidence says just 15 measly minutes of physical activity a day can extend your
[30:55.260 --> 30:57.340]  life a lot.
[30:57.340 --> 31:01.340]  Researchers in Taiwan found that an hour and a half of exercise a week extended people's
[31:01.340 --> 31:03.540]  lives by three whole years.
[31:03.540 --> 31:05.540]  That's just 13 minutes a day.
[31:05.540 --> 31:10.220]  The study found that small amounts of daily exercise made people 10% less likely to die
[31:10.220 --> 31:14.220]  of cancer and 14% less likely to die for any reason.
[31:14.220 --> 31:19.380]  So come on, couch potatoes, dig out those Olivia Newton-John CDs and let me hear your
[31:19.380 --> 31:20.380]  body talk.
[31:20.380 --> 31:22.300]  I'm Dr. Catherine Albrecht.
[31:22.300 --> 31:30.580]  More news and information at CatherineAlbrecht.com.
[31:30.580 --> 31:31.580]  I lost my son.
[31:31.580 --> 31:32.580]  I lost my nephew.
[31:32.580 --> 31:33.580]  My uncle.
[31:33.580 --> 31:34.580]  My son.
[31:34.580 --> 31:38.860]  Most people don't know that a third tower fell on September 11th.
[31:38.860 --> 31:43.060]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:43.060 --> 31:48.860]  Although the official explanation is that fire brought down building 7, over 1,200 architects
[31:48.860 --> 31:52.580]  and engineers has looked into the evidence and believed there is more to the story.
[31:52.580 --> 31:54.100]  Bring justice to my son.
[31:54.100 --> 31:55.100]  My uncle.
[31:55.100 --> 31:56.100]  My nephew.
[31:56.100 --> 31:57.100]  My son.
[31:57.100 --> 31:58.100]  Go to building what.org.
[31:58.100 --> 32:00.580]  Why it fell, why it matters, and what you can do.
[32:00.580 --> 32:03.220]  Hey, it's Danny here for Hill Country Home Improvements.
[32:03.220 --> 32:06.260]  Did your home receive hail or wind damage from the recent storms?
[32:06.260 --> 32:09.940]  Come on, we all know the government caused it with their chemtrails, but good luck getting
[32:09.940 --> 32:10.940]  them to pay for it.
[32:10.940 --> 32:14.540]  Okay, I might be kidding about the chemtrails, but I'm serious about your roof.
[32:14.540 --> 32:18.340]  That's why you have insurance and Hill Country Home Improvements can handle the claim for
[32:18.340 --> 32:21.100]  you with little to no out-of-pocket expense.
[32:21.100 --> 32:25.380]  And we accept Bitcoin as a multi-year A-plus member of the Better Business Bureau with
[32:25.380 --> 32:26.700]  zero complaints.
[32:26.700 --> 32:31.060]  You can trust Hill Country Home Improvements to handle your claim and your roof right the
[32:31.060 --> 32:32.140]  first time.
[32:32.140 --> 32:41.260]  You can call 512-992-8745 or go to hillcountryhomeimprovements.com, mention the crypto show and get $100 off, and we'll donate
[32:41.260 --> 32:45.420]  another $100 to the Logos Radio Network to help continue this programming.
[32:45.420 --> 32:50.540]  So if those out-of-town roofers come knocking, your door should be locked in.
[32:50.540 --> 32:56.620]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[32:56.620 --> 32:58.860]  Discounts are based on full roof replacement.
[32:58.860 --> 33:24.140]  And I actually be kidding about chemtrails.
[33:24.140 --> 33:25.140]  We are back.
[33:25.140 --> 33:28.260]  Randy Kelton with our radio.
[33:28.260 --> 33:31.780]  And I went through that story because I wanted to kind of demonstrate.
[33:31.780 --> 33:44.500]  There's a way to, for us to go in and sharpshoot a county in a way that's not really confrontational.
[33:44.500 --> 33:51.060]  The complaints I filed against this captain, they were kind of crappy because the captain
[33:51.060 --> 33:52.980]  acted ignorant.
[33:52.980 --> 33:57.420]  I would have rather not have had those complaints.
[33:57.420 --> 34:04.060]  The complaints I filed against the first bailiff, this bailiff was excellent.
[34:04.060 --> 34:07.060]  He said, you can't go into the courtroom with that cell phone.
[34:07.060 --> 34:10.180]  I said, but I want to record the proceedings.
[34:10.180 --> 34:14.060]  Oh, you can't record the proceedings.
[34:14.060 --> 34:16.860]  I said, you know that's illegal.
[34:16.860 --> 34:18.940]  He said, yes, I do.
[34:18.940 --> 34:21.660]  But I have to do what the judge says.
[34:21.660 --> 34:24.500]  So I said, okay, I went down and put my phone in the car.
[34:24.500 --> 34:25.500]  I come back.
[34:25.500 --> 34:27.500]  They got the door locked.
[34:27.500 --> 34:29.060]  I said, open the door.
[34:29.060 --> 34:30.060]  I want to go in the courtroom.
[34:30.060 --> 34:32.060]  Oh, no, the judge ordered me to lock it.
[34:32.060 --> 34:34.340]  But I don't care what he ordered you to do.
[34:34.340 --> 34:37.340]  I'm here to observe these proceedings, your public proceedings.
[34:37.340 --> 34:38.940]  I want to watch.
[34:38.940 --> 34:41.140]  I can't let you in.
[34:41.140 --> 34:43.060]  I said, you know that's illegal.
[34:43.060 --> 34:45.060]  He said, yes, I do.
[34:45.060 --> 34:48.180]  But I have to do what the judge said.
[34:48.180 --> 34:54.540]  So I went away and if I went to the district attorney and filed two criminal complaints
[34:54.540 --> 35:05.540]  against this guy, not because he was a bad officer, but because he was a good officer.
[35:05.540 --> 35:09.980]  I wanted him to throw the judge under the bus.
[35:09.980 --> 35:14.100]  The judge did not tell me I couldn't come into the courtroom and he didn't tell me I
[35:14.100 --> 35:17.380]  couldn't come into the courtroom with a cell phone.
[35:17.380 --> 35:20.820]  The bailiff did that.
[35:20.820 --> 35:24.300]  So all I know is what the bailiff did.
[35:24.300 --> 35:28.180]  Let him throw the judge under the bus.
[35:28.180 --> 35:34.900]  That was my purpose is to put the bailiff on the dime for doing what he was ordered
[35:34.900 --> 35:35.900]  to do.
[35:35.900 --> 35:38.220]  That's the best way to fix these things.
[35:38.220 --> 35:44.540]  But the bailiff was excellent and I had no axe to grind with him and that provided a
[35:44.540 --> 35:52.780]  great opportunity because everyone I talked to about these complaints, they always ask
[35:52.780 --> 35:58.220]  me about the bailiff and I said, oh, the bailiff was excellent.
[35:58.220 --> 36:01.420]  This guy was a consummate professional.
[36:01.420 --> 36:05.860]  This is what I expect from a police officer.
[36:05.860 --> 36:11.020]  The prosecutor's investigator said, well, then why did you file against him?
[36:11.020 --> 36:15.660]  When I went to the prosecutor, they didn't send me to the prosecutor, they always send
[36:15.660 --> 36:18.380]  you to an investigator.
[36:18.380 --> 36:24.180]  When I told the investigator that I wasn't upset at this officer at all, he was great.
[36:24.180 --> 36:30.020]  I got the opportunity to tell everybody I talked to how good I thought this officer
[36:30.020 --> 36:31.860]  was.
[36:31.860 --> 36:32.860]  That worked really well.
[36:32.860 --> 36:36.660]  But he said, well, why are you filing against him?
[36:36.660 --> 36:41.220]  Oh, I want to use the prosecuting attorney as a crash dummy.
[36:41.220 --> 36:45.420]  So I haven't tested out the legal system in Tennessee and I want to use your prosecutor
[36:45.420 --> 36:48.700]  to do that.
[36:48.700 --> 36:57.860]  Guys, we can take these folks on and absolutely make them crazy because they got somebody in
[36:57.860 --> 37:06.420]  here and it's clear to them, I set this up and there's nothing that makes them crazier
[37:06.420 --> 37:10.420]  than to have somebody come in and set them up.
[37:10.420 --> 37:16.260]  I set them up so I could file complaints with the prosecuting attorney knowing what he's
[37:16.260 --> 37:19.300]  going to do with those complaints.
[37:19.300 --> 37:24.180]  So when he does with them, what I expected him to do, and I just got confirmation of
[37:24.180 --> 37:29.860]  that today, now I'll go to this hearing with this judge who's been doing everything right
[37:29.860 --> 37:35.940]  except holding a preliminary hearing on complaints against a public official and asking him to
[37:35.940 --> 37:42.420]  have the prosecuting attorney arrested and he'll say, well, why?
[37:42.420 --> 37:48.820]  Well, you sent me to him with my complaints and I went to him, gave him the complaints
[37:48.820 --> 37:51.940]  and he threw them in the trash.
[37:51.940 --> 37:55.220]  He shielded these people from prosecution.
[37:55.220 --> 38:01.980]  He exerted or purported to exert the authority to hold a preliminary hearing.
[38:01.980 --> 38:06.180]  And he doesn't have that authority and that's impersonating a public official and that's
[38:06.180 --> 38:09.300]  a felony in the state of Tennessee.
[38:09.300 --> 38:13.620]  So I want you to have your bailiff arrest the prosecutor.
[38:13.620 --> 38:16.820]  Try this one out, guys.
[38:16.820 --> 38:18.660]  You know, I'm not angry.
[38:18.660 --> 38:27.020]  It is clear I set him up and set him all up and they know I set him up.
[38:27.020 --> 38:34.620]  So they're looking at these procedures leading to these bad outcomes, how do we fix it?
[38:34.620 --> 38:44.820]  When the judge refuses to arrest the prosecutor, then I say, okay, how about I make a suggestion
[38:44.820 --> 38:52.740]  that will keep these kinds of scenarios from happening because, you know, I can, anybody
[38:52.740 --> 38:58.300]  who's arrested in your jail, if I know about it, I can file criminal charges on it.
[38:58.300 --> 39:04.780]  I get more criminal charges on all you guys than you can ever do anything with.
[39:04.780 --> 39:07.020]  You set in yourselves up.
[39:07.020 --> 39:11.380]  Now, I give a suggestion to how to fix it.
[39:11.380 --> 39:15.540]  You may actually be able to get him to do it and I don't kind of went through this because
[39:15.540 --> 39:21.620]  I want everybody else who's interested in fixing the system.
[39:21.620 --> 39:24.060]  Don't wait until they come after you.
[39:24.060 --> 39:32.180]  If you really want to fix the system, the best fight to have is the one you picked.
[39:32.180 --> 39:33.780]  I had no charges against me.
[39:33.780 --> 39:34.780]  I had nothing.
[39:34.780 --> 39:37.820]  I went down and I picked a fight with him.
[39:37.820 --> 39:40.740]  So I'm always the one leading.
[39:40.740 --> 39:46.620]  They're following me and all of it's bad.
[39:46.620 --> 39:50.660]  Nothing's working out well for them.
[39:50.660 --> 39:59.660]  And if we can do this without the angry confrontation type stuff, we're more likely to demonstrate
[39:59.660 --> 40:06.980]  to these guys that what they're doing leads them into potential problematic situations.
[40:06.980 --> 40:11.220]  So how can we adjust things so that don't happen?
[40:11.220 --> 40:14.980]  Okay, enough of that.
[40:14.980 --> 40:25.300]  I wanted to address that part of it because I had a county that only one guy acted ignorant
[40:25.300 --> 40:33.420]  and he let me set him up when he did what he did.
[40:33.420 --> 40:37.180]  The other bay leafs were there was when I came up.
[40:37.180 --> 40:44.820]  I had spoken to him before this captain and it was about the.
[40:44.820 --> 40:51.740]  Recording the courtroom and such and he asked me if I was a sovereign citizen.
[40:51.740 --> 40:54.980]  And I told him, you know, that's an oxymoron.
[40:54.980 --> 40:59.780]  I think he thought I was calling him a moron.
[40:59.780 --> 41:08.580]  He got pretty tense and then I asked him, so tell me, are you a jackbooted duck?
[41:08.580 --> 41:12.420]  He didn't answer that, but clearly he was not happy.
[41:12.420 --> 41:17.500]  He stood there and stared at me for a minute and then turned and stomped away.
[41:17.500 --> 41:23.500]  So everything I do with a police officer or public official is a test.
[41:23.500 --> 41:28.940]  And that was, I was testing his professionalism and he failed badly.
[41:28.940 --> 41:36.580]  That's why the second time I showed up, he stepped up and said, I know all about you.
[41:36.580 --> 41:42.580]  I let you up on the internet because he was still angry for me to ask him if he was a
[41:42.580 --> 41:47.100]  jackbooted duck and I played him.
[41:47.100 --> 41:52.740]  He was easy because he had his emotions on the end of his sleeve.
[41:52.740 --> 41:57.980]  Now John, if I encountered you and you had your emotions on the end of your sleeve, that's
[41:57.980 --> 42:00.100]  the one thing.
[42:00.100 --> 42:07.380]  So when I encounter a grown-up who's got a loaded pistol on his hip and he's acting
[42:07.380 --> 42:16.620]  like an eighth grader in a grade school parking lot, that's a problem.
[42:16.620 --> 42:21.220]  So when he told me he knew all about me, I said that you ought to know not to screw with
[42:21.220 --> 42:22.220]  me.
[42:22.220 --> 42:28.100]  And that's when he said this officer, Neil, said I hated him.
[42:28.100 --> 42:35.300]  And when I called him the jackbooted thug, it was one of those mouth-dropping open.
[42:35.300 --> 42:40.660]  I don't believe that jerk just said that to me, looks.
[42:40.660 --> 42:44.580]  And before he recovered, I turned away from him.
[42:44.580 --> 42:52.380]  And if you listen to the show a lot, you've heard me talk about pattern interruption before.
[42:52.380 --> 42:54.580]  That was intended as a pattern interruption.
[42:54.580 --> 42:57.100]  He didn't see that one coming.
[42:57.100 --> 43:05.140]  He's playing macho captain on the sheriff's department in front of a bunch of his deputies.
[43:05.140 --> 43:12.420]  And the deputies, they all took a step back because they could see I was playing it.
[43:12.420 --> 43:18.500]  The only one who didn't know I was playing it was him.
[43:18.500 --> 43:24.060]  And when I called 911, they didn't send a deputy out to answer my call.
[43:24.060 --> 43:26.980]  They sent the sheriff to the county.
[43:26.980 --> 43:32.340]  And the high sheriff of the county was absolutely excellent.
[43:32.340 --> 43:38.980]  He handled me like a pearl, and I like to be handled like a pearl.
[43:38.980 --> 43:43.100]  No stupid stuff, no ignorant attitude.
[43:43.100 --> 43:50.660]  The guy was dignified, respectful, did not do what I wanted him to, but in the process
[43:50.660 --> 43:58.860]  he was still treating me with a level of dignity and respect that I had no concern that he
[43:58.860 --> 43:59.860]  was doing it.
[43:59.860 --> 44:04.820]  At Capital Coin Nebulion, our mission is to be your preferred shopping destination by
[44:04.820 --> 44:09.100]  delivering excellent customer service and outstanding value at an affordable price.
[44:09.100 --> 44:12.980]  We provide a wide assortment of favorite products featuring a great selection of high quality
[44:12.980 --> 44:14.580]  coins and precious metals.
[44:14.580 --> 44:18.380]  We cater to beginners in coin collecting as well as large transactions for investors.
[44:18.380 --> 44:23.220]  We believe in educating our customers with resources from top accredited metals dealers
[44:23.220 --> 44:24.220]  and journalists.
[44:24.220 --> 44:27.180]  If we don't have what you're looking for, we can find it.
[44:27.180 --> 44:31.420]  In addition, we carry popular young Jebedee products such as Beyond Tangy Tangerine and
[44:31.420 --> 44:32.420]  Pollen Burst.
[44:32.420 --> 44:37.300]  We also offer one-world-way mountain house storeable foods, Berkey water products, ammunition
[44:37.300 --> 44:39.460]  at 10% above wholesale, and more.
[44:39.460 --> 44:43.420]  We broker metals IRA accounts, and we also accept big coins as payment.
[44:43.420 --> 44:46.420]  Call us at 512-646-6440.
[44:46.420 --> 44:51.420]  We're located at 7304 Burnett Road, Suite A, about a half mile south of Anderson.
[44:51.420 --> 44:54.540]  We're open Monday through Friday, 10 to 6, Saturdays, 10 to 2.
[44:54.540 --> 44:59.540]  Visit us at CapitalCoinandBullion.com or call 512-646-6440.
[44:59.540 --> 45:04.420]  Are you the plaintiff or defendant in a lawsuit?
[45:04.420 --> 45:11.180]  Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course
[45:11.180 --> 45:14.180]  that will show you how in 24 hours, step-by-step.
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[45:39.180 --> 45:43.180]  principles and practices that control our American courts.
[45:43.180 --> 45:49.180]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.180 --> 45:52.180]  prosay tactics, and much more.
[45:52.180 --> 45:56.180]  Please visit ruleoflawradio.com and click on the banner.
[45:56.180 --> 46:24.180]  Or call toll-free 866-LAW-E-Z.
[46:24.180 --> 46:36.180]  I hope I haven't run on too much on that, but frankly what I'm doing is I'm developing a
[46:36.180 --> 46:43.180]  presentation for the Justice Department in D.C.
[46:43.180 --> 46:53.180]  The first time it appears I have a county that I can use as an example of how things ought to be done.
[46:53.180 --> 47:00.180]  There are two things that they're doing that I want to get adjusted if I can.
[47:00.180 --> 47:08.180]  One of them is they're not giving complaints against public officials directly to a grand jury.
[47:08.180 --> 47:14.180]  The second one is it's when they arrest someone they take them to jail.
[47:14.180 --> 47:23.180]  I'm going to try to get them to take someone arrested directly to a magistrate.
[47:23.180 --> 47:33.180]  And it will address some of their concerns about too many people in their jail.
[47:33.180 --> 47:43.180]  If they take them directly to a magistrate, a preliminary hearing only takes a minute or two.
[47:43.180 --> 47:51.180]  And if someone is arrested and they really don't have a case against them, the judge can just toss it.
[47:51.180 --> 47:56.180]  If they do have a case, they can say, would you like a preliminary hearing?
[47:56.180 --> 48:04.180]  And if they say yes, well, we don't have time to do it right now, but we can reluce your own bail and we'll set a time for the hearing.
[48:04.180 --> 48:14.180]  And the judge doesn't use up much of his time, but it would keep these people from having to be processed,
[48:14.180 --> 48:21.180]  a lot of them from having to be processed through the jail and having to sit in jail and use up bail and bed space.
[48:21.180 --> 48:26.180]  And it would generate more good will around the county.
[48:26.180 --> 48:34.180]  And then the other one is you get a complaint against a public official, get it out of your hands as quickly as you can.
[48:34.180 --> 48:46.180]  Get it to the grand jury and let the grand jury dismiss it because 99.9% of the time you are not going to get a grand jury to indict a public official
[48:46.180 --> 48:52.180]  unless the public official has done something absolutely horrendous.
[48:52.180 --> 48:56.180]  But the police don't necessarily know that.
[48:56.180 --> 49:06.180]  So they have to risk a grand jury and just the fact that they have to risk them should be enough to eliminate a lot of the problems people are having
[49:06.180 --> 49:11.180]  without any further discipline or management to just fix those problems.
[49:11.180 --> 49:20.180]  If I can get this county to do that, then I can take this to the Justice Department.
[49:20.180 --> 49:25.180]  Part of this project I'm working on will lead me to the Justice Department.
[49:25.180 --> 49:30.180]  I'm also going to try to get this county to take one of the questionnaires that we develop.
[49:30.180 --> 49:38.180]  And if someone is arrested and they can't afford counsel, before they get appointed a public defender,
[49:38.180 --> 49:42.180]  we have them go through this questionnaire and do an audit of the case.
[49:42.180 --> 49:51.180]  So when the public defender gets it, he doesn't have to spend a lot of time going through the details of the case with the person, he's already got them.
[49:51.180 --> 49:59.180]  And if he looks at it and sees that there's insufficient cause, he can go to the prosecutor and show it to the prosecutor and say,
[49:59.180 --> 50:05.180]  look, all you got is the policeman's side, here's the other guy's side, here are the issues you're going to have.
[50:05.180 --> 50:11.180]  You either need to dismiss this or give him a better deal so he can get out of jail.
[50:11.180 --> 50:14.180]  Everybody wins here.
[50:14.180 --> 50:29.180]  And I get my questionnaire in front of a jurisdiction so that they can begin to use it and then show if it gives them the value I expect it to,
[50:29.180 --> 50:32.180]  then I take it to the federal government.
[50:32.180 --> 50:39.180]  The federal government spends $88 billion a year on housing prisoners.
[50:39.180 --> 50:49.180]  If we could lower the bed space by 1%, we save the federal government $800 million.
[50:49.180 --> 50:53.180]  That's not chump change.
[50:53.180 --> 51:06.180]  So this is kind of an overall plan, but the way this worked here makes me want to suggest that if you want to change the jurisdiction that you're in,
[51:06.180 --> 51:10.180]  don't wait until they give you a ticket or do something horrible to you.
[51:10.180 --> 51:14.180]  Go down there and start a fight with them.
[51:14.180 --> 51:16.180]  It's great fun.
[51:16.180 --> 51:25.180]  And if you do it kind of on the prescription that I'm talking about here, you know, no hostility, no anger, set them up.
[51:25.180 --> 51:28.180]  They'll recognize that you're setting them up and they'll have them.
[51:28.180 --> 51:34.180]  They'll recognize there's nothing they can do about it and it will have an effect on their behavior.
[51:34.180 --> 51:39.180]  Okay, I'm going to shut up now and go back to John.
[51:39.180 --> 51:42.180]  John, did I talk your ear off?
[51:42.180 --> 51:48.180]  Well, it's okay because you've got lots of information and I've never heard a lawyer talk like you talk.
[51:48.180 --> 51:52.180]  In fact, the lawyers tell me things like this.
[51:52.180 --> 51:58.180]  Oh, well, we don't do preliminary hearings for traffic tickets in New York State.
[51:58.180 --> 52:00.180]  It just isn't done.
[52:00.180 --> 52:05.180]  Well, if there's no hearing, here's my question, if there's no hearing,
[52:05.180 --> 52:12.180]  something that has been done for 800 years since the Magna Carta at running need,
[52:12.180 --> 52:17.180]  and now an attorney even tells me they don't do preliminary hearings for traffic tickets.
[52:17.180 --> 52:19.180]  What's the procedure?
[52:19.180 --> 52:22.180]  You don't have to go through it in detail, but just summarize.
[52:22.180 --> 52:25.180]  When you go to court and you're going to defend yourself,
[52:25.180 --> 52:31.180]  it sounds like a surefire method for getting the ticket dismissed because they didn't follow procedure.
[52:31.180 --> 52:36.180]  Now, tell me what you would do first, second, third, fourth, and just summarize it.
[52:36.180 --> 52:40.180]  Okay, I've got this website that has the first thing.
[52:40.180 --> 52:47.180]  The first thing you want to do is go to trafficticket.website and download,
[52:47.180 --> 52:51.180]  put in the ticket information and download all these motions.
[52:51.180 --> 52:54.180]  That's easier than you go writing them yourself.
[52:54.180 --> 52:58.180]  It's not a request for preliminary hearings.
[52:58.180 --> 53:02.180]  It's got a challenge to human persona jurisdiction.
[53:02.180 --> 53:04.180]  That's a special appearance.
[53:04.180 --> 53:12.180]  It's got a Brady motion, a discovery motion, a motion in limony.
[53:12.180 --> 53:20.180]  All of these standard motions that if a lawyer were thorough
[53:20.180 --> 53:27.180]  and wants to address everything that should be addressed in pre-trial.
[53:27.180 --> 53:31.180]  If you used to listen to Dr. Frederick Graves,
[53:31.180 --> 53:38.180]  he would say that a prosecution begins or a case begins,
[53:38.180 --> 53:42.180]  and it starts with a flurry of motions.
[53:42.180 --> 53:50.180]  That's these lawyers filing the standard motions that should be filed in every case.
[53:50.180 --> 53:55.180]  In any criminal case, you should file a request for speedy trial,
[53:55.180 --> 53:59.180]  a request for preliminary hearing, a request for a jury,
[53:59.180 --> 54:03.180]  a discovery request, and in limony motion.
[54:03.180 --> 54:08.180]  In limony is all of the questions they're not allowed to ask.
[54:08.180 --> 54:09.180]  There are several others.
[54:09.180 --> 54:13.180]  You just standard motions. You get a whole stack of them.
[54:13.180 --> 54:17.180]  It spits out everything we could think of.
[54:17.180 --> 54:23.180]  You take those motions, you sign them, you file them with the court.
[54:23.180 --> 54:30.180]  The whole purpose of this is because it's a municipal court or a JP court,
[54:30.180 --> 54:34.180]  and they start getting sophisticated motions, they'll just ignore them.
[54:34.180 --> 54:37.180]  Just rule against them out of hand.
[54:37.180 --> 54:40.180]  And that's the idea.
[54:40.180 --> 54:44.180]  Go ahead. These motions are really not motions.
[54:44.180 --> 54:46.180]  They only look like motions.
[54:46.180 --> 54:53.180]  They're actually my tar baby, and you're going to stick to them.
[54:53.180 --> 55:01.180]  When the judge fails to properly apply the law to the facts,
[55:01.180 --> 55:04.180]  that's an abuse of discretion,
[55:04.180 --> 55:08.180]  and an abuse of discretion that denies a citizen's full and free access
[55:08.180 --> 55:13.180]  to or enjoyment of a right, like the right to petition the court
[55:13.180 --> 55:15.180]  to redress grievance.
[55:15.180 --> 55:18.180]  Well, that's a class, say, Mr. Mead or in every state,
[55:18.180 --> 55:21.180]  and the judge committed it.
[55:21.180 --> 55:24.180]  So you get all these, you download all these motions,
[55:24.180 --> 55:28.180]  and if you can think of any other that are particular to your state,
[55:28.180 --> 55:31.180]  make it up, file them all with the court.
[55:31.180 --> 55:36.180]  You're going to go to your first hearing, and they're just going to blow it all off.
[55:36.180 --> 55:39.180]  At least you hope they do.
[55:39.180 --> 55:42.180]  Right, and what do you do next when they blow it off?
[55:42.180 --> 55:47.180]  Ah, you file criminal charges for each issue the judge did not rule on
[55:47.180 --> 55:50.180]  against the judge for official misconduct.
[55:50.180 --> 55:55.180]  I had a hearing that was like having a hearing that you weren't invited to.
[55:55.180 --> 55:59.180]  They refused you a hearing on all those motions.
[55:59.180 --> 56:06.180]  Or even if you go to the hearing, the second questionnaire in my series,
[56:06.180 --> 56:10.180]  you go to the hearing, you come back, and it'll say,
[56:10.180 --> 56:14.180]  did the judge do this? Did he do this? Did he do this? Did he do this?
[56:14.180 --> 56:21.180]  If he fails to do any one of those, he spits out a criminal complaint.
[56:21.180 --> 56:26.180]  Did the judge rule on this issue in this motion?
[56:26.180 --> 56:30.180]  No, eh, criminal complaint, lack of due process.
[56:30.180 --> 56:34.180]  Did he rule on this issue? No, eh.
[56:34.180 --> 56:42.180]  You do the questionnaire, you come back the next day with another stack of documents.
[56:42.180 --> 56:47.180]  Judicial conduct complaints, bar grievances, criminal complaints,
[56:47.180 --> 56:53.180]  motions to disqualify, all kinds of cool stuff.
[56:53.180 --> 56:57.180]  And they're going to say, what the heck is going on?
[56:57.180 --> 57:02.180]  You follow these criminal complaints, and guess what they're going to do with those criminal complaints?
[57:02.180 --> 57:04.180]  Right in the basket.
[57:04.180 --> 57:08.180]  Exactly. At least you hope they do.
[57:08.180 --> 57:13.180]  You come back, and after you've had a sufficient amount of time,
[57:13.180 --> 57:16.180]  did you get a response on this complaint? No.
[57:16.180 --> 57:22.180]  We do. The system spits out the next set of documents.
[57:22.180 --> 57:27.180]  The user doesn't have to understand any of this.
[57:27.180 --> 57:31.180]  All you have to do is know how to answer the question, you spits the documents out.
[57:31.180 --> 57:38.180]  You know, the website, traffic ticket, that website, it'll do all that that you can attend.
[57:38.180 --> 57:42.180]  No, it won't do the second part yet.
[57:42.180 --> 57:51.180]  I did not implement that part because I wasn't ready to shut down traffic enforcement.
[57:51.180 --> 57:56.180]  This has shut them down.
[57:56.180 --> 58:01.180]  Already only a few people have used my documents off that site,
[58:01.180 --> 58:05.180]  and the courts are all familiar with them already.
[58:05.180 --> 58:09.180]  I thought it was interesting that my son-in-law got elected as JP.
[58:09.180 --> 58:14.180]  He hasn't said anything, but I have no doubt he's already seen these documents,
[58:14.180 --> 58:20.180]  and he probably said, my father-in-law created those.
[58:20.180 --> 58:23.180]  But they already know what they are.
[58:23.180 --> 58:31.180]  If I implement that site, it will literally shut down traffic enforcement in no time.
[58:31.180 --> 58:35.180]  Hang on, we've got to go to break, Randy Kelton move our radio.
[58:35.180 --> 58:37.180]  We do need to move on, John.
[58:37.180 --> 58:40.180]  We've got three more callers, and we're running out of time.
[58:40.180 --> 58:50.180]  We'll be right back.
[59:10.180 --> 59:17.180]  We'll be right back.
[59:40.180 --> 59:45.180]  That's 888-551-0102.
[59:45.180 --> 59:52.180]  Or visit us online at bfa.org.
[59:52.180 --> 01:00:00.180]  You're listening to the Logos Radio Network at www.logosradionetwork.com.
[01:00:00.180 --> 01:00:05.180]  The following news flashes brought to you by the Lowstar Lowdown,
[01:00:05.180 --> 01:00:10.180]  providing the deli bulletins for the commodities market.
[01:00:10.180 --> 01:00:21.180]  Today's history, news updates, and the inside scoop into the tides of the alternative.
[01:00:21.180 --> 01:00:24.180]  Markets for Wednesday, the 6th of February, 2019.
[01:00:24.180 --> 01:00:28.180]  Open with gold at $1,313.70 an ounce.
[01:00:28.180 --> 01:00:30.180]  Silver, $15.77 an ounce.
[01:00:30.180 --> 01:00:32.180]  Copper, $2.83 an ounce.
[01:00:32.180 --> 01:00:35.180]  Texas crude, $53.66 a barrel.
[01:00:35.180 --> 01:00:37.180]  Brent crude, $61.98 a barrel.
[01:00:37.180 --> 01:00:40.180]  And cryptos in order of market capitalization.
[01:00:40.180 --> 01:00:43.180]  Bitcoin, $3,401.64.
[01:00:43.180 --> 01:00:45.180]  Ripple, XRP, $0.29.
[01:00:45.180 --> 01:00:47.180]  Ethereum, $103.10.
[01:00:47.180 --> 01:00:54.180]  Eos is at $2.32 a crypto coin.
[01:00:54.180 --> 01:01:06.180]  Today's history, the year 1918, British women over the age of 30 who meet minimum property qualifications get the right to vote when the representation of the People Act of 1918 was passed by parliament.
[01:01:06.180 --> 01:01:09.180]  Today's history.
[01:01:09.180 --> 01:01:20.180]  In recent news, several Texas-based organizations filed a lawsuit today requesting that a federal court stop the state from flagging about 95,000 people as potentially illegally registered to vote.
[01:01:20.180 --> 01:01:33.180]  They compiled after an 11-month-long investigation by the office of the Texas Secretary of State and the Texas Department of Public Safety, which sought to identify non-U.S. citizens who were registered to vote when obtaining a garbage license.
[01:01:33.180 --> 01:01:37.180]  Over half of the 95,000 didn't indeed vote, it seems.
[01:01:37.180 --> 01:01:51.180]  However, further controversy was raised when it became clear that some of the names were not in fact belonging to those who were non-citizens and registered. Apparently around 25% of all Latino immigrants become naturalized, gaining the right to vote.
[01:01:51.180 --> 01:01:57.180]  Registered voters who receive letters querying their citizenship have 30 days to respond with proof of eligibility.
[01:01:57.180 --> 01:02:09.180]  Attorney General Ken Paxton and David Whitley, the Texas Secretary of State, have yet to officially comment regarding this list and any updates pertaining to it.
[01:02:09.180 --> 01:02:17.180]  A Texas man of only 24 years old, William Brown, died from a severed artery in his neck after a vape pen exploded while he was using it.
[01:02:17.180 --> 01:02:30.180]  This only happened in the parking lot of the vape shop where he got it. An X-ray revealed that a piece of metal was embedded in his brainstem. The vape store, Smoke and Vape DZ, has refused to comment.
[01:02:30.180 --> 01:02:47.180]  First edition anchorwoman, Kristen Diaz, interviewed Aislin Campbell, the Executive Director of Grow Local, South Texas, concerning the upcoming Texas Organic Farmers and Gardeners Association Conference, which will be taking place at the Corpus Christi Omni Hotel from February 14th to 16th, 6 to 9 p.m.
[01:02:47.180 --> 01:03:00.180]  You can find the interview at kiitv.com. This is Rick Rodeo with your lowdown for February 6th, 2019.
[01:03:17.180 --> 01:03:28.180]  Okay, we are back. Randy Kelkin, Rural Radio. And we're finishing up with John.
[01:03:28.180 --> 01:03:38.180]  John, I kind of used you to address something I wanted to talk about. So do you feel used and abused?
[01:03:38.180 --> 01:03:47.180]  No, not really, but where can I read the law that says we have the right to a preliminary hearing, even a fantastic ticket?
[01:03:47.180 --> 01:03:49.180]  Constitution.
[01:03:49.180 --> 01:03:54.180]  Do you know what part? I've read the whole thing, but I don't remember that part in there.
[01:03:54.180 --> 01:04:12.180]  I can tell you the part in Texas law. It's Chapter 14 Code of Criminal Procedure. Look in your, just go to the web and do a search for New York Preliminary Hearing. That'll get you all you need.
[01:04:12.180 --> 01:04:18.180]  Okay. Well, how about, so New York Preliminary Hearing?
[01:04:18.180 --> 01:04:26.180]  Yeah. In Texas, it's called an examining trial. In almost every other state, they call it a preliminary hearing.
[01:04:26.180 --> 01:04:32.180]  Okay. And then the Constitution, you're not sure where it is in the Constitution?
[01:04:32.180 --> 01:04:35.180]  It's in the Bill of Rights.
[01:04:35.180 --> 01:04:37.180]  Oh, it's in the Bill of Rights. Okay.
[01:04:37.180 --> 01:04:38.180]  Yeah.
[01:04:38.180 --> 01:04:45.180]  Oh, that narrows it down. Okay. I always carry a copy of the Constitution wherever I go.
[01:04:45.180 --> 01:05:01.180]  All right. Got it. Okay. Now we're going to, thank you, John. Now we're going to go to, I have one that shows on screen. It may be a new caller or maybe someone just not in the database.
[01:05:01.180 --> 01:05:13.180]  If you're from California and you can hear me speak up.
[01:05:13.180 --> 01:05:26.180]  Okay. If you're not Shane or Danny speak up, because sometimes this database gets it wrong.
[01:05:26.180 --> 01:05:36.180]  Okay. This is not working so good. 724 Area Code.
[01:05:36.180 --> 01:05:48.180]  Okay. That must not be working. Okay. Now we're going to Danny in Tennessee. Hello, Danny.
[01:05:48.180 --> 01:05:53.180]  Oh, that's not so good either.
[01:05:53.180 --> 01:05:59.180]  I am not hearing you. Okay. Back to John. John, are you there? Speak up.
[01:05:59.180 --> 01:06:01.180]  Oh, yeah. I'm right here.
[01:06:01.180 --> 01:06:09.180]  Okay. Thank you. That gave me a mic. That gave me a hearing check. So I know my headset's working.
[01:06:09.180 --> 01:06:22.180]  Danny just dropped off. So he may have a bad connection. Let me try wireless in California again. If your name is not Shane and you can hear me speak up.
[01:06:22.180 --> 01:06:31.180]  Let me see if I can hear you. If I don't hear you, hang up and call back because you may have a bad connection.
[01:06:31.180 --> 01:06:38.180]  Okay. Not hearing. Going to Shane in New York. Hello, Shane.
[01:06:38.180 --> 01:06:41.180]  Hello, Randy.
[01:06:41.180 --> 01:06:46.180]  What do you have for us today?
[01:06:46.180 --> 01:06:56.180]  Well, everybody responded to the adversary complaint. Goldman Sachs with MTQLG, HSBC, the whole clan.
[01:06:56.180 --> 01:07:07.180]  And that hearing was immediately set about three days ago for motion to dismiss the adversary proceeding, which there are several defendants.
[01:07:07.180 --> 01:07:14.180]  And that's set for June 18, 2019 at 11 o'clock in the morning.
[01:07:14.180 --> 01:07:20.180]  As that's been going on, we've been amending the complaint, which I'm not going to get into all the details right now.
[01:07:20.180 --> 01:07:31.180]  For more information that we found out, which is mind boggling and pursuant to rule 15 of the federal and civil procedure when you amend the complaint.
[01:07:31.180 --> 01:07:38.180]  I just found out something pretty interesting today that you don't need permission from the court to amend the complaint.
[01:07:38.180 --> 01:07:53.180]  Oh, hold on. Hold on. Is this it if you amend the complaint before opposing counsel has has answered the complaint, you don't need permission.
[01:07:53.180 --> 01:08:07.180]  Once the opposing side answers that changes things because you filed your complaint and they had to go to the time and trouble to answer all the issues in your complaint.
[01:08:07.180 --> 01:08:13.180]  If you just filed an amended complaint, then they got to start over again.
[01:08:13.180 --> 01:08:20.180]  And now you'd be likely to have to ask the judge for a complaint that might be better.
[01:08:20.180 --> 01:08:27.180]  I don't, Randy, I don't have the rule in front of me, but I have it locked in my head here rule 15 be it said.
[01:08:27.180 --> 01:08:37.180]  I don't know if verbatim, but it says if the pleading is to which the response of pleading is required within 20 days after service of the response of pleading.
[01:08:37.180 --> 01:08:50.180]  So we got we have when I remember we have 20 days to to once they filed their their answer, which was just a few days ago, we have 21 21 days to respond.
[01:08:50.180 --> 01:08:54.180]  Well, we're going to respond as an amended comment.
[01:08:54.180 --> 01:09:12.180]  Have you generally you get one amended pleading free, but generally that only you only get that free if you file your amended before the opposing side answers.
[01:09:12.180 --> 01:09:20.180]  You will look at it reasonably, you put the other side to this cost and difficulty.
[01:09:20.180 --> 01:09:27.180]  And when you file an amended, the first one goes out the windows so they've wasted all their time.
[01:09:27.180 --> 01:09:32.180]  But generally in a federal case, you do get one free amendment.
[01:09:32.180 --> 01:09:40.180]  What I suggest is you start putting together your amendment, but wait until they answer.
[01:09:40.180 --> 01:09:43.180]  Before you file it.
[01:09:43.180 --> 01:09:49.180]  Because what I because they're going to tell you how to amend your suit.
[01:09:49.180 --> 01:09:53.180]  Put in there what they think is wrong with it.
[01:09:53.180 --> 01:09:54.180]  The youth.
[01:09:54.180 --> 01:10:03.180]  What I like to do is I like to say defendants criticism is well taken.
[01:10:03.180 --> 01:10:09.180]  And therefore we file based on taking into account their criticism.
[01:10:09.180 --> 01:10:14.180]  This is actually how it was intended to be.
[01:10:14.180 --> 01:10:18.180]  Both of you are laying out your issues.
[01:10:18.180 --> 01:10:25.180]  Both of you look at it and adjust your positions based on the issues.
[01:10:25.180 --> 01:10:35.180]  So you only address those areas where you're not in conjunction.
[01:10:35.180 --> 01:10:46.180]  So when you get an answer, then you file a amended pleading, you know, even if they file a motion for some re judgment, then you file an amended pleading then.
[01:10:46.180 --> 01:10:51.180]  And that's what we're going to do before June 10th before that those 21 days expire.
[01:10:51.180 --> 01:10:53.180]  Oh, okay.
[01:10:53.180 --> 01:10:58.180]  Yeah, but it's it's rule 15 be on another matter.
[01:10:58.180 --> 01:11:00.180]  So that's still pending.
[01:11:00.180 --> 01:11:05.180]  We have another hearing coming up on on on June the 11th.
[01:11:05.180 --> 01:11:17.180]  For a motion to dismiss bankers in case because we're claiming the IRS knows the IRS is old, I think $50,000 of unsecured priority debt. So that has to be paid off.
[01:11:17.180 --> 01:11:28.180]  First, if the other stuff wants to be in the plan so they're trying to have a dismiss but in the meantime, Randy, we moved everything to an offer and compromise with the IRS.
[01:11:28.180 --> 01:11:33.180]  So we're trying to pull the IRS out of the bankruptcy plan so we can keep the thing alive.
[01:11:33.180 --> 01:11:41.180]  Leaving aside, leaving aside, we did add the IRS to the adversary proceeding because there is no real true.
[01:11:41.180 --> 01:11:44.180]  The lean or no true debt owed.
[01:11:44.180 --> 01:11:46.180]  And again, this is my mom's case.
[01:11:46.180 --> 01:11:48.180]  So you know, I'm helping her out.
[01:11:48.180 --> 01:11:49.180]  Yeah.
[01:11:49.180 --> 01:11:52.180]  The, the, the, but here's the question though.
[01:11:52.180 --> 01:11:57.180]  It did that apparently, I think that there's a 10 year window.
[01:11:57.180 --> 01:12:06.180]  If it's $1 or billions of dollars, that 10 year window, if that's over the 10 years, can they still collect on that if it's over 10 years?
[01:12:06.180 --> 01:12:10.180]  Now, leaving aside that we believe the debt is completely fraudulent and all made up.
[01:12:10.180 --> 01:12:13.180]  That's another story which will be done within the other series proceeding.
[01:12:13.180 --> 01:12:15.180]  But is there a 10 year window?
[01:12:15.180 --> 01:12:17.180]  I'm not the IRS guy.
[01:12:17.180 --> 01:12:19.180]  I've got a couple of people who are.
[01:12:19.180 --> 01:12:26.180]  But yes, there is a limitation on how long they have to collect.
[01:12:26.180 --> 01:12:32.180]  But I would have to get either David or.
[01:12:32.180 --> 01:12:33.180]  What's his name?
[01:12:33.180 --> 01:12:38.180]  We've got two people in Austin who are very good at Barry Watson.
[01:12:38.180 --> 01:12:41.180]  Who are very good at IRS issues thing.
[01:12:41.180 --> 01:12:44.180]  Barry Watson can almost quote you.
[01:12:44.180 --> 01:12:48.180]  The IRS code verbatim.
[01:12:48.180 --> 01:12:54.180]  And he really knows how to go after him how to deal with them and both of them say the same thing.
[01:12:54.180 --> 01:12:57.180]  Do not fight with the IRS.
[01:12:57.180 --> 01:13:00.180]  Give the IRS the paperwork they need.
[01:13:00.180 --> 01:13:03.180]  They'll go away and leave you alone.
[01:13:03.180 --> 01:13:04.180]  Right.
[01:13:04.180 --> 01:13:06.180]  So you might want to talk to these two guys.
[01:13:06.180 --> 01:13:11.180]  They may be able to show you how to make this debt go the IRS debt go away.
[01:13:11.180 --> 01:13:18.180]  Now, my question to you is we have a CPA working on it and it was kind of scary because we met with them.
[01:13:18.180 --> 01:13:24.180]  He was doing taxes about 15 years ago from my mom and he was confronted with the question.
[01:13:24.180 --> 01:13:27.180]  Can you do an offer and compromise because they're trying to take it out of the bankruptcy plan.
[01:13:27.180 --> 01:13:34.180]  So we keep everything locked and going forward because the IRS is trying to have a dismiss on June 11th and we should have everything ready to go.
[01:13:34.180 --> 01:13:37.180]  But the CPA that's handling it, you ready for this?
[01:13:37.180 --> 01:13:44.180]  He says after 35 years, he goes, you know, I've never done that before.
[01:13:44.180 --> 01:13:45.180]  Hmm.
[01:13:45.180 --> 01:13:47.180]  That's odd.
[01:13:47.180 --> 01:13:51.180]  You really need to talk to David.
[01:13:51.180 --> 01:13:55.180]  Both David and Barry say talk to the IRS.
[01:13:55.180 --> 01:13:59.180]  Give them the paperwork they need and you won't have a problem with it.
[01:13:59.180 --> 01:14:01.180]  Don't fight with them.
[01:14:01.180 --> 01:14:02.180]  Okay.
[01:14:02.180 --> 01:14:14.180]  And if you have this debt you can't get rid of, then you want to go and all they're about is being able to write your name off their books so they can go on to other business.
[01:14:14.180 --> 01:14:19.180]  The IRS right now is horribly, horribly undermanned.
[01:14:19.180 --> 01:14:26.180]  The budget cutbacks on the IRS has made it almost impossible for them to judicate their cases.
[01:14:26.180 --> 01:14:28.180]  So you offer them a deal.
[01:14:28.180 --> 01:14:32.180]  They're likely to take the deal just to get you off their books.
[01:14:32.180 --> 01:14:41.180]  Randy, would it be a good idea to talk to the assistant US attorney that's representing the IRS in bankruptcy case?
[01:14:41.180 --> 01:14:45.180]  Probably not you, a third party.
[01:14:45.180 --> 01:14:47.180]  We won't talk to you.
[01:14:47.180 --> 01:14:48.180]  Right.
[01:14:48.180 --> 01:14:51.180]  But he'll talk to a third party.
[01:14:51.180 --> 01:14:52.180]  Right, right.
[01:14:52.180 --> 01:14:57.180]  So he could, we could basically, by the way, we're already talking to him.
[01:14:57.180 --> 01:14:59.180]  Well, we talked to him in the hallway before and after court.
[01:14:59.180 --> 01:15:02.180]  He's a fairly nice guy, actually.
[01:15:02.180 --> 01:15:07.180]  And but we did, we're going to, that's what we're working on the offering compromise.
[01:15:07.180 --> 01:15:13.180]  Well, when it comes to negotiating, that's a lot harder for him.
[01:15:13.180 --> 01:15:22.180]  If you bring in a third party, he can negotiate a third party and not lose face having making concessions to a pro se litigant.
[01:15:22.180 --> 01:15:23.180]  Okay.
[01:15:23.180 --> 01:15:31.180]  And for the, all the viewers and everybody listening tonight, like, who would you recommend because I'm starting to find out these CPAs.
[01:15:31.180 --> 01:15:33.180]  I got, I got two.
[01:15:33.180 --> 01:15:34.180]  Yeah.
[01:15:34.180 --> 01:15:39.180]  I don't have lawyers and a lot of things I don't have, but I got two IRS guys.
[01:15:39.180 --> 01:15:40.180]  They are good.
[01:15:40.180 --> 01:15:41.180]  Okay.
[01:15:41.180 --> 01:15:49.180]  And is that amazing, you know, the CPAs, they, they know they don't know what they're done.
[01:15:49.180 --> 01:15:52.180]  No, it's not that you got to understand them.
[01:15:52.180 --> 01:15:55.180]  A CPA lives in a licensed box.
[01:15:55.180 --> 01:15:59.180]  And that, that hamstrings them.
[01:15:59.180 --> 01:16:02.180]  They can't afford to lose their license.
[01:16:02.180 --> 01:16:06.180]  David and Barry, neither one of those are CPAs.
[01:16:06.180 --> 01:16:08.180]  They're just not eligible in IRS.
[01:16:08.180 --> 01:16:14.180]  They'll do things that a CPA would never dream of doing.
[01:16:14.180 --> 01:16:17.180]  Right.
[01:16:17.180 --> 01:16:25.180]  And I guess I could, we could send you an email and get that contact or send me an email asking for an IRS guy reference.
[01:16:25.180 --> 01:16:28.180]  And I'll send one to both of them.
[01:16:28.180 --> 01:16:29.180]  Okay.
[01:16:29.180 --> 01:16:33.180]  And I got one more issue to speak to you about.
[01:16:33.180 --> 01:16:35.180]  Are we going to a break?
[01:16:35.180 --> 01:16:36.180]  Yeah, we're going to break.
[01:16:36.180 --> 01:16:37.180]  So it's a hang on.
[01:16:37.180 --> 01:16:38.180]  Okay.
[01:16:38.180 --> 01:16:40.180]  We'll pick this up on the other side.
[01:16:40.180 --> 01:16:44.180]  Randy Kelton with our radio, a call in.
[01:16:44.180 --> 01:16:52.180]  I'm not going to give out the calling number because we've got three callers and no, maybe not.
[01:16:52.180 --> 01:16:55.180]  We've got Danny.
[01:16:55.180 --> 01:17:00.180]  We'll be right back.
[01:17:26.180 --> 01:17:29.180]  How to get debt collectors out of your credit report.
[01:17:29.180 --> 01:17:34.180]  How to turn the financial tables on them and make them pay you to go away.
[01:17:34.180 --> 01:17:38.180]  The Michael Mirris proven method is the solution for how to stop debt collectors.
[01:17:38.180 --> 01:17:41.180]  Personal consultation is available as well.
[01:17:41.180 --> 01:17:49.180]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mirris banner or email Michael Mirris at yahoo.com.
[01:17:49.180 --> 01:17:57.180]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[01:17:57.180 --> 01:18:00.180]  To learn how to stop debt collectors now.
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[01:19:43.180 --> 01:19:51.180]  Okay, we are back.
[01:19:51.180 --> 01:19:56.180]  Randy Kelton, Rural Law Radio and we're talking to Shane in New York.
[01:19:56.180 --> 01:19:59.180]  Okay, go ahead Shane.
[01:19:59.180 --> 01:20:08.180]  Okay, last thing is as all this stuff was going on in the bankruptcy court back in April,
[01:20:08.180 --> 01:20:13.180]  we were looking at the state so the second lean holder can begin to resume the process
[01:20:13.180 --> 01:20:17.180]  of selling a home with that for over 45 years.
[01:20:17.180 --> 01:20:22.180]  And we just got an order signed by the county court.
[01:20:22.180 --> 01:20:25.180]  By the way, we're not moving forward with the sale because we did appeal the state,
[01:20:25.180 --> 01:20:28.180]  which the appeal is going to be filed this week.
[01:20:28.180 --> 01:20:31.180]  And then the respondent, which is Keybank, will have to respond.
[01:20:31.180 --> 01:20:35.180]  And then we have 14 days to respond back and we'll probably set that up for hearing.
[01:20:35.180 --> 01:20:39.180]  We've released a month and a half, two months down the road before they get to that appeal,
[01:20:39.180 --> 01:20:41.180]  but they're not moving forward.
[01:20:41.180 --> 01:20:42.180]  But I want to let you know this.
[01:20:42.180 --> 01:20:43.180]  This is interesting.
[01:20:43.180 --> 01:20:45.180]  Order to substitute referee.
[01:20:45.180 --> 01:20:47.180]  It's only two paragraphs, Randy.
[01:20:47.180 --> 01:20:49.180]  And this is regarding the county court.
[01:20:49.180 --> 01:20:54.180]  And the only one that really has been pushing to try to sell this property.
[01:20:54.180 --> 01:20:57.180]  And if I could just read this to you really quick.
[01:20:57.180 --> 01:21:01.180]  It says upon the phone call from the court appointed referee,
[01:21:01.180 --> 01:21:06.180]  Louis Cappuccino to chambers within the advice court that he's requested the
[01:21:06.180 --> 01:21:12.180]  withdraw as referee because our family here, me,
[01:21:12.180 --> 01:21:18.180]  sued him in small claims court and also me once again,
[01:21:18.180 --> 01:21:23.180]  create him in the attorney grievance committee for performing his duties as roles of court
[01:21:23.180 --> 01:21:25.180]  appointed referee.
[01:21:25.180 --> 01:21:29.180]  And an expression that no court appointed referee should have to undergo such level
[01:21:29.180 --> 01:21:33.180]  of harassment by defendants in a foreclosure action.
[01:21:33.180 --> 01:21:41.180]  It is hereby ordered and decreed that the judgment foreclosure is held in on April 26,
[01:21:41.180 --> 01:21:47.180]  2018, is entered on now for May 16, 2018,
[01:21:47.180 --> 01:21:49.180]  modified by the court.
[01:21:49.180 --> 01:21:54.180]  Spuritante, that's from the beginning, right?
[01:21:54.180 --> 01:22:00.180]  To the extent that then they got a new girl here, Jennifer Esquire, is hereby submitted,
[01:22:00.180 --> 01:22:05.180]  is not submitted, but is also substituted as referee in place of Louis Cappuccino
[01:22:05.180 --> 01:22:06.180]  on older phone.
[01:22:06.180 --> 01:22:10.180]  And is further ordered that the referee is relieved from his duties.
[01:22:10.180 --> 01:22:14.180]  And is further ordered that the substitute referee shall have the power and ability to
[01:22:14.180 --> 01:22:21.180]  stand for Louis Cappuccino foreclosure currently scheduled for July 24, 2018 adjourned.
[01:22:21.180 --> 01:22:27.180]  And is also further ordered that the all provisions of the judgment passel remains granted by this
[01:22:27.180 --> 01:22:31.180]  court on April 26, 2018.
[01:22:31.180 --> 01:22:37.180]  And it says ordered that the publication currently running shall not be changed because of the
[01:22:37.180 --> 01:22:39.180]  new announced referee.
[01:22:39.180 --> 01:22:44.180]  But the new referee will identify herself at the auction as substitute referee, ordered
[01:22:44.180 --> 01:22:49.180]  that the court shall conduct foreclosure within 90 days of this order of entry.
[01:22:49.180 --> 01:22:54.180]  That was signed May 17, 2019.
[01:22:54.180 --> 01:23:01.180]  Is this the referee that was such a stinker and you caught him red handed?
[01:23:01.180 --> 01:23:06.180]  What was he doing that was improper?
[01:23:06.180 --> 01:23:10.180]  Well, several things.
[01:23:10.180 --> 01:23:16.180]  But before we get into that answering that question, is it the referee's duty and responsibility
[01:23:16.180 --> 01:23:22.180]  to find out if there's any other obligations or leans or anything, you know, if somebody
[01:23:22.180 --> 01:23:26.180]  else owns the property, like I have a quick claim on the property from like three years
[01:23:26.180 --> 01:23:27.180]  ago.
[01:23:27.180 --> 01:23:31.180]  Or do they just take the order from the judge and the order says, OK, chop his head off.
[01:23:31.180 --> 01:23:33.180]  And he says, OK, let's chop his head off.
[01:23:33.180 --> 01:23:38.180]  You know, when the guy's completely innocent, is he responsible to make sure this is a valid
[01:23:38.180 --> 01:23:41.180]  report or do they just go ahead and run through the mill?
[01:23:41.180 --> 01:23:45.180]  I'm not sure what the duties of the referee in a bankruptcy court are.
[01:23:45.180 --> 01:23:51.180]  I suspect whatever the judge orders, the referee is bound by.
[01:23:51.180 --> 01:23:53.180]  Well, this is the county court.
[01:23:53.180 --> 01:23:55.180]  It has nothing to do with bankruptcy.
[01:23:55.180 --> 01:24:02.180]  Ever since they lived at this point, they're moving forward back at the county level to pursue the sale.
[01:24:02.180 --> 01:24:05.180]  So what we did is we appealed the stay in bankruptcy court.
[01:24:05.180 --> 01:24:10.180]  Meanwhile, back in the old county court, they're quietly moving forward.
[01:24:10.180 --> 01:24:12.180]  But there's just been no announcement of the sale.
[01:24:12.180 --> 01:24:19.180]  But I think they're waiting for the appeal to be completely adjudicated at the federal level before the county moves forward with the sale.
[01:24:19.180 --> 01:24:27.180]  Now, remember, they granted summary judgment in favor of key bank with no motion filed for summary judgment.
[01:24:27.180 --> 01:24:34.180]  We walked in the court because I asked the P added into the case as joiner, OK, 1001 CPLR.
[01:24:34.180 --> 01:24:38.180]  And she's completely denied it for no reason.
[01:24:38.180 --> 01:24:42.180]  And then she goes, oh, by the way, summary judgment is hereby granted.
[01:24:42.180 --> 01:24:43.180]  Bam, done.
[01:24:43.180 --> 01:24:44.180]  I go, what?
[01:24:44.180 --> 01:24:45.180]  Where'd that come from?
[01:24:45.180 --> 01:24:47.180]  I go, they never even filed anything.
[01:24:47.180 --> 01:24:51.180]  CPLR 3rd was at 3212, clearly states what they have to have.
[01:24:51.180 --> 01:24:55.180]  And after David's by the lender and so forth, there's a package.
[01:24:55.180 --> 01:25:02.180]  Did you file a request for findings affecting conclusions at law?
[01:25:02.180 --> 01:25:04.180]  Well, there was no motion filed.
[01:25:04.180 --> 01:25:06.180]  But yeah, we're going to...
[01:25:06.180 --> 01:25:07.180]  Yes.
[01:25:07.180 --> 01:25:11.180]  File from findings effect.
[01:25:11.180 --> 01:25:23.180]  Is there a judgment along with the order on the summary judgment issue?
[01:25:23.180 --> 01:25:26.180]  No, it was just great.
[01:25:26.180 --> 01:25:32.180]  In the federal court, an order is not an order until there's a judgment.
[01:25:32.180 --> 01:25:33.180]  A judgment's a brief.
[01:25:33.180 --> 01:25:36.180]  It's finding defect and conclusions at law.
[01:25:36.180 --> 01:25:37.180]  Yeah.
[01:25:37.180 --> 01:25:40.180]  Well, this thing referee I was talking about was at the county level.
[01:25:40.180 --> 01:25:41.180]  They have nothing to do with the federal.
[01:25:41.180 --> 01:25:42.180]  Oh, OK.
[01:25:42.180 --> 01:25:44.180]  I keep forgetting that county level.
[01:25:44.180 --> 01:25:45.180]  Yeah.
[01:25:45.180 --> 01:25:47.180]  So have you given notice of appeal?
[01:25:47.180 --> 01:25:48.180]  Oh, yeah.
[01:25:48.180 --> 01:25:49.180]  Oh, yeah.
[01:25:49.180 --> 01:25:50.180]  Yeah.
[01:25:50.180 --> 01:25:51.180]  I filed that right away.
[01:25:51.180 --> 01:25:56.180]  But here in New York, you technically can appeal until they drop the notice of entry,
[01:25:56.180 --> 01:25:57.180]  which is filed by the other party.
[01:25:57.180 --> 01:26:02.180]  You know, like, say, you know, they just put the referee in here.
[01:26:02.180 --> 01:26:04.180]  We still have not received the notice of entry.
[01:26:04.180 --> 01:26:06.180]  And then the time starts ticking.
[01:26:06.180 --> 01:26:08.180]  So they haven't been in notice of entry on that yet.
[01:26:08.180 --> 01:26:09.180]  OK.
[01:26:09.180 --> 01:26:18.180]  So does an appeal render the order to sell not final?
[01:26:18.180 --> 01:26:20.180]  It's a great question, Randy.
[01:26:20.180 --> 01:26:21.180]  I'll find out.
[01:26:21.180 --> 01:26:30.180]  But I just absolutely amazed, you know, how many things they didn't do.
[01:26:30.180 --> 01:26:34.180]  And the big thing is they never even filed a motion for summer judgment.
[01:26:34.180 --> 01:26:37.180]  But thanks for telling me about the findings facts and conclusions along.
[01:26:37.180 --> 01:26:41.180]  But right now, from my understanding, it's premature to do anything because right now,
[01:26:41.180 --> 01:26:45.180]  all the eyeballs are sitting at the district court waiting for the appeal to be ruled on.
[01:26:45.180 --> 01:26:51.180]  But that's going to be that probably won't be ruled out until the summer or even early fall.
[01:26:51.180 --> 01:26:54.180]  So get your findings effect in quickly.
[01:26:54.180 --> 01:26:55.180]  OK.
[01:26:55.180 --> 01:27:01.180]  You want to know what the judge relied on in doing a Sue Sponte summer judgment?
[01:27:01.180 --> 01:27:02.180]  She didn't, though.
[01:27:02.180 --> 01:27:03.180]  She didn't have.
[01:27:03.180 --> 01:27:04.180]  There was no.
[01:27:04.180 --> 01:27:05.180]  But I know you're trying to say we're going to.
[01:27:05.180 --> 01:27:07.180]  OK, findings facts and conclusions law.
[01:27:07.180 --> 01:27:12.180]  But have you ever heard of anything like that before where you just walk in the court for
[01:27:12.180 --> 01:27:15.180]  another matter and then they grant a summary judgment?
[01:27:15.180 --> 01:27:19.180]  Yeah, I've heard of that kind of criminal garbage.
[01:27:19.180 --> 01:27:24.180]  So you've got a summary of judgment ruling against you with no notice.
[01:27:24.180 --> 01:27:27.180]  This is the kind of stuff that doesn't stand up.
[01:27:27.180 --> 01:27:32.180]  So you get requests for findings effect.
[01:27:32.180 --> 01:27:36.180]  We just had a guy in Georgia file criminal charges in Georgia.
[01:27:36.180 --> 01:27:41.180]  You have to pay 20 bucks to file a criminal charge and they give you this document.
[01:27:41.180 --> 01:27:45.180]  You fill it out and that gives you standing.
[01:27:45.180 --> 01:27:53.180]  So he files it with a magistrate, a bunch of criminal charges against some local public officials to the
[01:27:53.180 --> 01:27:55.180]  district just blew it off.
[01:27:55.180 --> 01:28:01.180]  And I had him prepared in my findings facts and conclusions law request.
[01:28:01.180 --> 01:28:09.180]  Sent that to him and immediately the judge forwarded the case to the district court.
[01:28:09.180 --> 01:28:12.180]  And the district court is going to hear them.
[01:28:12.180 --> 01:28:16.180]  So these public officials thought they were off the hook.
[01:28:16.180 --> 01:28:25.180]  And when he requested findings of fact, the judge said, oops, I don't have any.
[01:28:25.180 --> 01:28:28.180]  He just threw it out because he wanted to.
[01:28:28.180 --> 01:28:30.180]  And then they moved it up to the district court.
[01:28:30.180 --> 01:28:39.180]  They just had a hearing and for emergency restraining order, which the judge denied the major.
[01:28:39.180 --> 01:28:50.180]  But he also ordered the city to mediate with him and notified them that the criminal charges would be heard by another judge.
[01:28:50.180 --> 01:28:53.180]  Another district level judge.
[01:28:53.180 --> 01:28:54.180]  Wow.
[01:28:54.180 --> 01:28:57.180]  So he's on these guys.
[01:28:57.180 --> 01:28:59.180]  You start filing criminal complaints.
[01:28:59.180 --> 01:29:02.180]  It gets their attention.
[01:29:02.180 --> 01:29:09.180]  This is just a county, a little county judge, you know, she's older lady.
[01:29:09.180 --> 01:29:12.180]  I think she likes ladies and she's an older lady.
[01:29:12.180 --> 01:29:19.180]  And the thing is, is that, you know, like very nice, but like, you know, like somebody stabbing them back and they smile.
[01:29:19.180 --> 01:29:20.180]  Yeah.
[01:29:20.180 --> 01:29:21.180]  Yeah.
[01:29:21.180 --> 01:29:22.180]  Boom.
[01:29:22.180 --> 01:29:23.180]  They stab you.
[01:29:23.180 --> 01:29:24.180]  And that's how I felt here.
[01:29:24.180 --> 01:29:25.180]  Very nice lady in court.
[01:29:25.180 --> 01:29:27.180]  She's not real mean at all.
[01:29:27.180 --> 01:29:38.180]  Like, you know, hey, it's kind of like I ran into her during a snowstorm out in the downtown Buffalo one day and she said that you should have became an attorney.
[01:29:38.180 --> 01:29:40.180]  Cool.
[01:29:40.180 --> 01:29:46.180]  You know, when I go after these guys, I always want to keep things light and non personal.
[01:29:46.180 --> 01:29:53.180]  I'm down here laughing and joking with them while I'm sticking it to them big time.
[01:29:53.180 --> 01:29:55.180]  That works well.
[01:29:55.180 --> 01:29:57.180]  That's great.
[01:29:57.180 --> 01:30:01.180]  I went into the, oh, but.
[01:30:01.180 --> 01:30:03.180]  Cover up that tattoo.
[01:30:03.180 --> 01:30:09.180]  The FBI is building a database that analyzes body art as a way of identifying people.
[01:30:09.180 --> 01:30:16.180]  And Dr. Catherine Albrecht, I'll have details on the weird new program the feds call tattoo recognition in a moment.
[01:30:16.180 --> 01:30:18.180]  Privacy is under attack.
[01:30:18.180 --> 01:30:22.180]  When you give up data about yourself, you'll never get it back again.
[01:30:22.180 --> 01:30:26.180]  Once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.180 --> 01:30:28.180]  So protect your rights.
[01:30:28.180 --> 01:30:32.180]  Say no to surveillance and keep your information to yourself.
[01:30:32.180 --> 01:30:33.180]  Privacy.
[01:30:33.180 --> 01:30:34.180]  It's worth hanging on to.
[01:30:34.180 --> 01:30:41.180]  This message is brought to you by startpage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:30:41.180 --> 01:30:45.180]  Start over with Start Page.
[01:30:45.180 --> 01:30:52.180]  Iris patterns, email records, cell phone coordinates, the FBI is collecting data on us all.
[01:30:52.180 --> 01:30:57.180]  Now the feds want images of tattoos as a way of knowing who we are and what we might do.
[01:30:57.180 --> 01:31:05.180]  Tattoo recognition is part of the next generational identification program that identifies Americans beyond fingerprints and mug shots.
[01:31:05.180 --> 01:31:16.180]  Tattoo symbols are collected by the FBI's Biometric Center of Excellence, a one-stop shop of biometric data from voice patterns to footprints to hand geometry.
[01:31:16.180 --> 01:31:21.180]  Needless to say, this is one more step towards the establishment of a total surveillance state.
[01:31:21.180 --> 01:31:24.180]  What's next, microchips for us all?
[01:31:24.180 --> 01:31:31.180]  I'm Dr. Catherine Albrecht for startpage.com, the world's most private search engine.
[01:31:31.180 --> 01:31:37.180]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:37.180 --> 01:31:39.180]  The government says that fire brought it down.
[01:31:39.180 --> 01:31:44.180]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
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[01:33:02.180 --> 01:33:05.180]  You are listening to the Logos Radio Network.
[01:33:05.180 --> 01:33:08.180]  LogosRadioNetwork.com
[01:33:15.180 --> 01:33:17.180]  Okay, we are back.
[01:33:17.180 --> 01:33:19.180]  Talking to Shane in New York.
[01:33:19.180 --> 01:33:22.180]  Okay, Shane, what else do you have for us?
[01:33:22.180 --> 01:33:29.180]  Oh, I can hear you better if I unmute you.
[01:33:29.180 --> 01:33:31.180]  Try that again.
[01:33:31.180 --> 01:33:34.180]  Okay, I still hear music in the background.
[01:33:34.180 --> 01:33:39.180]  I have one more thing to tell you and I'll let you go here.
[01:33:39.180 --> 01:33:44.180]  Okay, can you hear me, Randy?
[01:33:44.180 --> 01:33:46.180]  Yeah, I'm fading out.
[01:33:46.180 --> 01:33:48.180]  I missed the fader button.
[01:33:48.180 --> 01:33:50.180]  I'm fading out that background music.
[01:33:50.180 --> 01:33:53.180]  Okay, go ahead.
[01:33:53.180 --> 01:33:56.180]  Okay, last thing, the adversary proceeding.
[01:33:56.180 --> 01:33:59.180]  Now we're back to the federal court, bankruptcy court.
[01:33:59.180 --> 01:34:02.180]  The adversary proceeding, we had an order.
[01:34:02.180 --> 01:34:04.180]  We just got this a couple of days ago.
[01:34:04.180 --> 01:34:06.180]  It looks like all these judges are talking to each other.
[01:34:06.180 --> 01:34:11.180]  I wonder if they have conference calls behind doors with the county, the state and the federal.
[01:34:11.180 --> 01:34:13.180]  No, do you think they do that?
[01:34:13.180 --> 01:34:15.180]  No.
[01:34:15.180 --> 01:34:18.180]  That would be really dangerous for them.
[01:34:18.180 --> 01:34:21.180]  Okay, I get the feeling that they're not talking,
[01:34:21.180 --> 01:34:30.180]  but what was interesting about it, the main majesty bankruptcy judge issued an order regarding the adversary proceedings.
[01:34:30.180 --> 01:34:37.180]  It says, Defendants HSBC Nation Star Mortgage, Mr. Cooper, the terrorist, the Federal National Mortgage Association,
[01:34:37.180 --> 01:34:40.180]  along with all the law firms, I'm not going to read here.
[01:34:40.180 --> 01:34:42.180]  There's so many law firms here.
[01:34:42.180 --> 01:34:51.180]  It says these motions are hereby immediately transferred to Honorable Michael J. Kaplan for further proceedings and dispositions.
[01:34:51.180 --> 01:34:59.180]  Judge Kaplan will hear these motions on Wednesday, June 19, 2019, at 11 o'clock at the Robert Jackson Federal Court of Buffalo, New York.
[01:34:59.180 --> 01:35:06.180]  Please contact Judge Kaplan's chambers and rescheduling his necessary sword, you know, just a couple of days ago.
[01:35:06.180 --> 01:35:14.180]  The main bankruptcy judge doesn't want to deal with the adversary proceedings, and I think I mentioned this to you before,
[01:35:14.180 --> 01:35:17.180]  but he immediately transferred them to us.
[01:35:17.180 --> 01:35:24.180]  Yeah, we talked about this before, and it's probably just because the judge's stockage is full.
[01:35:24.180 --> 01:35:26.180]  Okay.
[01:35:26.180 --> 01:35:30.180]  And he needs somebody else to take the load off of him.
[01:35:30.180 --> 01:35:39.180]  What's interesting about it is that this particular judge, I didn't know this, is retiring in September.
[01:35:39.180 --> 01:35:42.180]  I don't know if that's significant.
[01:35:42.180 --> 01:35:47.180]  I don't know how corrupt the judges are in New York.
[01:35:47.180 --> 01:35:53.180]  Do you think the older they are, the more corrupt they are, or the older they are, the more they follow the law in general?
[01:35:53.180 --> 01:35:57.180]  I don't think there's, I don't see anything consistent.
[01:35:57.180 --> 01:35:58.180]  Nothing consistent?
[01:35:58.180 --> 01:35:59.180]  Okay.
[01:35:59.180 --> 01:36:01.180]  That's a crap shoot.
[01:36:01.180 --> 01:36:06.180]  Yeah, it's like you're in Vegas or something like that, and it's all, you know, based on politics and everything, too.
[01:36:06.180 --> 01:36:09.180]  That's where I definitely agree.
[01:36:09.180 --> 01:36:14.180]  You could have the best complaint in the whole world and get a dismiss.
[01:36:14.180 --> 01:36:20.180]  But what I was going to ask you is, even if he tries to dismiss it, you know, we'll have the amended complainant,
[01:36:20.180 --> 01:36:25.180]  and if he denies the amended complaint and pulls some shenanigans, we still have that right to appeal, right?
[01:36:25.180 --> 01:36:37.180]  Even if he dismisses it, as long as he doesn't dismiss with prejudice, if he dismisses it, then you can file an amended complaint.
[01:36:37.180 --> 01:36:38.180]  Okay.
[01:36:38.180 --> 01:36:41.180]  Well, that, that, we, our game plan is to have it filed this week.
[01:36:41.180 --> 01:36:42.180]  The amended complaint.
[01:36:42.180 --> 01:36:43.180]  Yeah.
[01:36:43.180 --> 01:36:49.180]  Yeah, that's what I, that was my whole focus on Rule 15B2.
[01:36:49.180 --> 01:36:50.180]  All right.
[01:36:50.180 --> 01:36:51.180]  Well, that's pretty much about it.
[01:36:51.180 --> 01:36:53.180]  I'll let you get back to your other callers.
[01:36:53.180 --> 01:36:58.180]  Thanks for listening, and this has been going on for six years.
[01:36:58.180 --> 01:36:59.180]  Yeah.
[01:36:59.180 --> 01:37:01.180]  Well, that's not too bad for a foreclosure.
[01:37:01.180 --> 01:37:05.180]  You should be able to get it another year or two.
[01:37:05.180 --> 01:37:07.180]  Well, we're fighting like crazy, Randy.
[01:37:07.180 --> 01:37:08.180]  Yeah.
[01:37:08.180 --> 01:37:12.180]  No matter what they rule, you get to appeal it up all the way to the Supreme.
[01:37:12.180 --> 01:37:13.180]  Yeah.
[01:37:13.180 --> 01:37:14.180]  That's, that's right.
[01:37:14.180 --> 01:37:15.180]  That's true.
[01:37:15.180 --> 01:37:17.180]  If we stick to our guns and go all the way to the end.
[01:37:17.180 --> 01:37:22.180]  Randy, just by curiosity, how many lessers do we have out there today or tonight?
[01:37:22.180 --> 01:37:23.180]  Don't know.
[01:37:23.180 --> 01:37:26.180]  I, I don't have access to that.
[01:37:26.180 --> 01:37:28.180]  Deborah does, but she's not in.
[01:37:28.180 --> 01:37:29.180]  Okay.
[01:37:29.180 --> 01:37:30.180]  I was just curious.
[01:37:30.180 --> 01:37:31.180]  Yeah.
[01:37:31.180 --> 01:37:34.180]  We can, we only know who's pulling streams.
[01:37:34.180 --> 01:37:35.180]  We can't tell.
[01:37:35.180 --> 01:37:41.180]  We're being broadcast in Houston and, and quarterly in Idaho and I don't know where
[01:37:41.180 --> 01:37:42.180]  all else.
[01:37:42.180 --> 01:37:46.180]  So we have no way of knowing, especially when we broadcast, we have no way of knowing.
[01:37:46.180 --> 01:37:52.180]  What are the, what are the chances that the, the government listens in or anybody listens
[01:37:52.180 --> 01:37:56.180]  in and reports it back to, hey, so-and-so is on the phone when you're talking about.
[01:37:56.180 --> 01:37:59.180]  I, I think somewhere between a little and none.
[01:37:59.180 --> 01:38:00.180]  Right.
[01:38:00.180 --> 01:38:05.180]  We're not, we're not that important in the overall scheme of things.
[01:38:05.180 --> 01:38:06.180]  Gotcha.
[01:38:06.180 --> 01:38:07.180]  Okay.
[01:38:07.180 --> 01:38:08.180]  All right.
[01:38:08.180 --> 01:38:10.180]  Well, Randy, thank you.
[01:38:10.180 --> 01:38:11.180]  Okay.
[01:38:11.180 --> 01:38:12.180]  Thank you, Shane.
[01:38:12.180 --> 01:38:14.180]  Now we're going to Danny in Tennessee.
[01:38:14.180 --> 01:38:15.180]  Hello, Danny.
[01:38:15.180 --> 01:38:16.180]  How are you doing today?
[01:38:16.180 --> 01:38:18.180]  Well, you hear me now?
[01:38:18.180 --> 01:38:20.180]  Yes, I can hear you.
[01:38:20.180 --> 01:38:21.180]  Okay.
[01:38:21.180 --> 01:38:28.180]  A few little things that you might like some, you know, talking about the clerk not taking
[01:38:28.180 --> 01:38:29.180]  criminal.
[01:38:29.180 --> 01:38:40.180]  I think I lost you.
[01:38:40.180 --> 01:38:42.180]  Danny, I can't hear you.
[01:38:42.180 --> 01:38:52.180]  Your voice broke off like maybe your plug got loose or something.
[01:38:52.180 --> 01:38:53.180]  I've got a, okay.
[01:38:53.180 --> 01:38:55.180]  It sounds like you're working on it.
[01:38:55.180 --> 01:39:00.180]  So I'll, I'll hang on here a moment.
[01:39:00.180 --> 01:39:01.180]  Okay.
[01:39:01.180 --> 01:39:05.180]  I want to, I want to wait for Danny to get that sorted out.
[01:39:05.180 --> 01:39:11.180]  Let me try California wireless again.
[01:39:11.180 --> 01:39:20.180]  Oh, that's Shane making noise.
[01:39:20.180 --> 01:39:21.180]  Yeah.
[01:39:21.180 --> 01:39:24.180]  Danny just dropped off again.
[01:39:24.180 --> 01:39:25.180]  Okay.
[01:39:25.180 --> 01:39:36.180]  If you are wireless, if you are not Shane or hold on, Danny's back, whoever this is from
[01:39:36.180 --> 01:39:38.180]  California, it's not in my database.
[01:39:38.180 --> 01:39:40.180]  So I don't know who they are, but Danny's back.
[01:39:40.180 --> 01:39:41.180]  Okay.
[01:39:41.180 --> 01:39:42.180]  Danny, talk to me.
[01:39:42.180 --> 01:39:43.180]  Let's see if I can hear you.
[01:39:43.180 --> 01:39:44.180]  All right.
[01:39:44.180 --> 01:39:45.180]  Hear me now?
[01:39:45.180 --> 01:39:46.180]  Yes.
[01:39:46.180 --> 01:39:47.180]  I hear you fine.
[01:39:47.180 --> 01:39:48.180]  Okay.
[01:39:48.180 --> 01:39:56.180]  The, the clerk, you had some kind of a little problem with the clerk like I did.
[01:39:56.180 --> 01:39:58.180]  With the Turks?
[01:39:58.180 --> 01:39:59.180]  Clerk.
[01:39:59.180 --> 01:40:00.180]  Clerk, clerk.
[01:40:00.180 --> 01:40:01.180]  Oh, the clerk.
[01:40:01.180 --> 01:40:09.180]  I asked the clerk to hold a preliminary hearing and she wouldn't do that.
[01:40:09.180 --> 01:40:15.180]  The clerk in Tennessee can hold a preliminary hearing just like a magistrate.
[01:40:15.180 --> 01:40:22.180]  And that's in rules, the rules of court rule 5.1.
[01:40:22.180 --> 01:40:31.180]  Well, it just occurred to me the other day, since this is something of a judicial activity,
[01:40:31.180 --> 01:40:38.180]  if they do something wrong like that, are they subject to a judicial complaint?
[01:40:38.180 --> 01:40:40.180]  No, not a clerk.
[01:40:40.180 --> 01:40:43.180]  The clerk is not a member of the judiciary.
[01:40:43.180 --> 01:40:45.180]  That's why this is a problem.
[01:40:45.180 --> 01:40:46.180]  I'm sorry.
[01:40:46.180 --> 01:40:53.180]  The clerk, the clerk is not a judicial officer.
[01:40:53.180 --> 01:40:56.180]  But, but doing something of a judicial.
[01:40:56.180 --> 01:40:57.180]  Yeah.
[01:40:57.180 --> 01:40:58.180]  For the Supreme Court.
[01:40:58.180 --> 01:41:02.180]  Now, as far as I can tell, this is not in statute.
[01:41:02.180 --> 01:41:07.180]  This is something the Supreme Court did.
[01:41:07.180 --> 01:41:16.180]  And I don't see that they have authority to do that.
[01:41:16.180 --> 01:41:17.180]  Now, I think it is.
[01:41:17.180 --> 01:41:21.180]  I think I did come across it in the statute.
[01:41:21.180 --> 01:41:22.180]  Yes.
[01:41:22.180 --> 01:41:25.180]  A clerk should never be put in that position.
[01:41:25.180 --> 01:41:29.180]  And that's why I went down there and put her on the dime.
[01:41:29.180 --> 01:41:34.180]  Because I wanted to be able to challenge this practice.
[01:41:34.180 --> 01:41:41.180]  The clerk now becomes a judicial officer making judicial determinations.
[01:41:41.180 --> 01:41:47.180]  And only judges can do that.
[01:41:47.180 --> 01:41:48.180]  Well, another thing.
[01:41:48.180 --> 01:41:53.180]  I was listening earlier when you were talking about a, you know,
[01:41:53.180 --> 01:42:04.180]  a declaratory judgment.
[01:42:04.180 --> 01:42:06.180]  I was wondering about doing something like that,
[01:42:06.180 --> 01:42:10.180]  but more as a motion in part of another proceeding to, you know,
[01:42:10.180 --> 01:42:14.180]  a declaratory determination for what exactly does this court take
[01:42:14.180 --> 01:42:16.180]  like a word to mean or something?
[01:42:16.180 --> 01:42:17.180]  Yes.
[01:42:17.180 --> 01:42:21.180]  I, there's no, I know of no reason why you couldn't ask for a
[01:42:21.180 --> 01:42:23.180]  decision.
[01:42:23.180 --> 01:42:26.180]  That's essentially what we did in the pixel case.
[01:42:26.180 --> 01:42:30.180]  We petitioned for declaratory judgment against the city.
[01:42:30.180 --> 01:42:32.180]  We didn't ask for any damages.
[01:42:32.180 --> 01:42:37.180]  We just asked the court to declare the, that the ordinances didn't
[01:42:37.180 --> 01:42:43.180]  apply to private citizens only to, to employees of the corporation,
[01:42:43.180 --> 01:42:45.180]  the municipal corporation.
[01:42:45.180 --> 01:42:50.180]  So yeah, you should be able to ask for declaratory judgment in case.
[01:42:50.180 --> 01:42:56.180]  It simply just becomes a motion.
[01:42:56.180 --> 01:43:04.180]  Yeah.
[01:43:04.180 --> 01:43:05.180]  Okay.
[01:43:05.180 --> 01:43:10.180]  Is that it, Danny?
[01:43:10.180 --> 01:43:11.180]  Hmm.
[01:43:11.180 --> 01:43:15.180]  Seems like we've lost voice again on Danny.
[01:43:15.180 --> 01:43:19.180]  You're having some phone issues this evening.
[01:43:19.180 --> 01:43:21.180]  And we're going to the last segment.
[01:43:21.180 --> 01:43:26.180]  I have unscreened California.
[01:43:26.180 --> 01:43:30.180]  Are you there?
[01:43:30.180 --> 01:43:32.180]  What is it?
[01:43:32.180 --> 01:43:33.180]  Oh, right.
[01:43:33.180 --> 01:43:34.180]  Good.
[01:43:34.180 --> 01:43:35.180]  Okay.
[01:43:35.180 --> 01:43:38.180]  Now that was Tina unmuted.
[01:43:38.180 --> 01:43:40.180]  Okay.
[01:43:40.180 --> 01:43:46.180]  If you, I've got a 746 number in California.
[01:43:46.180 --> 01:43:48.180]  That's still not working.
[01:43:48.180 --> 01:43:49.180]  Okay.
[01:43:49.180 --> 01:43:51.180]  Tina, we'll pick you up when we come back.
[01:43:51.180 --> 01:43:53.180]  Randy Kelton with Law Radio.
[01:43:53.180 --> 01:44:00.180]  We'll be right back.
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[01:46:19.180 --> 01:46:21.180]  Okay, we are back.
[01:46:21.180 --> 01:46:23.180]  Randy Kelton of Rule of Law Radio.
[01:46:23.180 --> 01:46:27.180]  On this Friday, the 31st day of May, 2019,
[01:46:27.180 --> 01:46:30.180]  and we're going to Tina in California.
[01:46:30.180 --> 01:46:31.180]  Hello, Tina.
[01:46:31.180 --> 01:46:34.180]  You had another question for us.
[01:46:34.180 --> 01:46:36.180]  Yes.
[01:46:36.180 --> 01:46:38.180]  Remember the writ of tertiary
[01:46:38.180 --> 01:46:40.180]  that I sent to the U.S. Supreme Court
[01:46:40.180 --> 01:46:42.180]  on the mailbox rule
[01:46:42.180 --> 01:46:45.180]  trying to get you to listen?
[01:46:45.180 --> 01:46:47.180]  Well, and they didn't,
[01:46:47.180 --> 01:46:54.180]  and that grandma said that her writ of tertiary,
[01:46:54.180 --> 01:46:57.180]  as she says, our Supreme Court case
[01:46:57.180 --> 01:46:59.180]  on the mailbox rule was denied,
[01:46:59.180 --> 01:47:01.180]  tertiary.
[01:47:01.180 --> 01:47:08.180]  So how can we get the courts,
[01:47:08.180 --> 01:47:10.180]  the U.S. Supreme Court, whatever it is,
[01:47:10.180 --> 01:47:16.180]  to recognize that this 120-year-old rule
[01:47:16.180 --> 01:47:18.180]  has to be changed
[01:47:18.180 --> 01:47:22.180]  to benefit every American out there
[01:47:22.180 --> 01:47:26.180]  who are being denied guaranteed service
[01:47:26.180 --> 01:47:28.180]  of process when they could lose their life,
[01:47:28.180 --> 01:47:30.180]  their liberty, their property,
[01:47:30.180 --> 01:47:32.180]  and anything else?
[01:47:32.180 --> 01:47:35.180]  It's $7 in the certified name.
[01:47:35.180 --> 01:47:39.180]  At this point, it's a legislative issue.
[01:47:39.180 --> 01:47:45.180]  Go to your legislators and have them,
[01:47:45.180 --> 01:47:48.180]  in order to get legislators to do anything,
[01:47:48.180 --> 01:47:51.180]  you have to prepare them a white paper.
[01:47:51.180 --> 01:47:53.180]  You have to do all the research for them.
[01:47:53.180 --> 01:47:57.180]  Tell them you have to white the legislative changes
[01:47:57.180 --> 01:47:59.180]  you want to make.
[01:47:59.180 --> 01:48:05.180]  And this would not be very difficult
[01:48:05.180 --> 01:48:09.180]  to white the code so that the court could not
[01:48:09.180 --> 01:48:13.180]  rule in a way that would disenfranchise
[01:48:13.180 --> 01:48:16.180]  anyone in the public.
[01:48:16.180 --> 01:48:18.180]  And we have someone here
[01:48:18.180 --> 01:48:22.180]  that Leslie had helped with,
[01:48:22.180 --> 01:48:28.180]  and Diane, and she mailed her documents
[01:48:28.180 --> 01:48:30.180]  well ahead of time,
[01:48:30.180 --> 01:48:32.180]  but the post office lost them,
[01:48:32.180 --> 01:48:35.180]  or they shuffled around in the post office
[01:48:35.180 --> 01:48:37.180]  so they got there late.
[01:48:37.180 --> 01:48:39.180]  She had no knowledge of this
[01:48:39.180 --> 01:48:43.180]  and no way to exercise any control
[01:48:43.180 --> 01:48:45.180]  over what was going on in the post office,
[01:48:45.180 --> 01:48:48.180]  but they still denied her remedy because of it.
[01:48:48.180 --> 01:48:50.180]  And I suggested to her,
[01:48:50.180 --> 01:48:55.180]  based on an obscure post office rule,
[01:48:55.180 --> 01:48:58.180]  that she sue the post office
[01:48:58.180 --> 01:49:03.180]  for the full amount that she lost.
[01:49:03.180 --> 01:49:07.180]  She had a right because it is a government
[01:49:07.180 --> 01:49:11.180]  of agency to an expectation
[01:49:11.180 --> 01:49:15.180]  of good faith and fair services.
[01:49:15.180 --> 01:49:18.180]  I think that's the right way to say that.
[01:49:18.180 --> 01:49:21.180]  But it's specific to government agencies.
[01:49:21.180 --> 01:49:23.180]  The government, in this case,
[01:49:23.180 --> 01:49:26.180]  has what is essentially a government control monopoly,
[01:49:26.180 --> 01:49:29.180]  and that's on mail.
[01:49:29.180 --> 01:49:34.180]  And they're not operating in a government capacity,
[01:49:34.180 --> 01:49:40.180]  they're operating in the capacity of a business
[01:49:40.180 --> 01:49:44.180]  or a for-profit business.
[01:49:44.180 --> 01:49:46.180]  So they don't have the immunity
[01:49:46.180 --> 01:49:50.180]  that a public official would have.
[01:49:50.180 --> 01:49:52.180]  So if they cost you the benefit of the bargain,
[01:49:52.180 --> 01:49:54.180]  sue the post office for it.
[01:49:54.180 --> 01:49:58.180]  If you start suing the post office for their screw-ups,
[01:49:58.180 --> 01:50:04.180]  then the court is likely to change their rulings
[01:50:04.180 --> 01:50:09.180]  so that the post office doesn't continue to be sued.
[01:50:09.180 --> 01:50:14.180]  Right, Susan, because I didn't see that document,
[01:50:14.180 --> 01:50:20.180]  but then again, how could they prove that it got to me?
[01:50:20.180 --> 01:50:24.180]  They would have to have a signed green card.
[01:50:24.180 --> 01:50:28.180]  It wasn't sent by certified mail.
[01:50:28.180 --> 01:50:32.180]  It was sent by first-class mail.
[01:50:32.180 --> 01:50:35.180]  Wait, I'm having trouble understanding your fidelity,
[01:50:35.180 --> 01:50:38.180]  your mic is distorted.
[01:50:38.180 --> 01:50:41.180]  The certified mail to me, this notice of this hearing,
[01:50:41.180 --> 01:50:46.180]  it was sent by first-class mail only to my property address,
[01:50:46.180 --> 01:50:50.180]  not the mailing address on record.
[01:50:50.180 --> 01:50:55.180]  Well, did it appear at the place it was sent?
[01:50:55.180 --> 01:50:59.180]  Not that I know of.
[01:50:59.180 --> 01:51:02.180]  Then sue the mails.
[01:51:02.180 --> 01:51:05.180]  You don't know what their problem is.
[01:51:05.180 --> 01:51:08.180]  All you know is it was supposedly mailed to you
[01:51:08.180 --> 01:51:11.180]  and you didn't receive it, so the presumption is
[01:51:11.180 --> 01:51:15.180]  that the post office didn't properly deliver.
[01:51:15.180 --> 01:51:17.180]  So sue them for your loss.
[01:51:17.180 --> 01:51:21.180]  It's not that you'll win against the post office,
[01:51:21.180 --> 01:51:23.180]  but the court has said,
[01:51:23.180 --> 01:51:26.180]  well, so sad, too bad.
[01:51:26.180 --> 01:51:31.180]  Then you turn around and sue the post office.
[01:51:31.180 --> 01:51:34.180]  The post office is not going to be happy.
[01:51:34.180 --> 01:51:38.180]  And they're likely to pressure the court to give a ruling
[01:51:38.180 --> 01:51:41.180]  that would give people confidence in the mails again.
[01:51:41.180 --> 01:51:44.180]  Otherwise, everybody stops using their mail
[01:51:44.180 --> 01:51:49.180]  and starts going to FedEx or UPS or someone else.
[01:51:49.180 --> 01:51:52.180]  The post office does not guarantee
[01:51:52.180 --> 01:51:54.180]  that they will deliver first-class mail.
[01:51:54.180 --> 01:51:57.180]  They just say they will give it their best effort.
[01:51:57.180 --> 01:52:01.180]  Yes, so you need to sue them for not doing it.
[01:52:01.180 --> 01:52:03.180]  You don't care if they guarantee you or not.
[01:52:03.180 --> 01:52:05.180]  You have a reasonable expectation
[01:52:05.180 --> 01:52:08.180]  to good faith and fair services.
[01:52:08.180 --> 01:52:10.180]  Okay.
[01:52:10.180 --> 01:52:14.180]  Now, what I could put in if my phone didn't scroll
[01:52:14.180 --> 01:52:19.180]  up all the pictures, recently, in the last three months,
[01:52:19.180 --> 01:52:21.180]  where I lived with my partner,
[01:52:21.180 --> 01:52:25.180]  he has received mail for three different people,
[01:52:25.180 --> 01:52:28.180]  some clear across town,
[01:52:28.180 --> 01:52:33.180]  not even close to being on the same street.
[01:52:33.180 --> 01:52:36.180]  If we were not honest, we could just throw it away.
[01:52:36.180 --> 01:52:40.180]  Yes, that's a good indication that they've got a bad mailman,
[01:52:40.180 --> 01:52:43.180]  but it's also a black eye for the post office
[01:52:43.180 --> 01:52:48.180]  because you can show that they're improperly delivering mail.
[01:52:48.180 --> 01:52:50.180]  Mm-hmm.
[01:52:50.180 --> 01:52:56.180]  And claim that that same pattern caused you these problems
[01:52:56.180 --> 01:53:00.180]  and they owe you for the benefit of the bargain.
[01:53:00.180 --> 01:53:03.180]  And could Leslie do the same thing?
[01:53:03.180 --> 01:53:04.180]  Yes.
[01:53:04.180 --> 01:53:07.180]  Yes, I suggested that they sue
[01:53:07.180 --> 01:53:09.180]  because it was clear to the post office
[01:53:09.180 --> 01:53:12.180]  that caused this problem.
[01:53:12.180 --> 01:53:17.180]  The third district actually won a case on saying
[01:53:17.180 --> 01:53:21.180]  that it's not difficult for these businesses
[01:53:21.180 --> 01:53:27.180]  to actually serve people with a guaranteed signature.
[01:53:27.180 --> 01:53:29.180]  And they said in today's age,
[01:53:29.180 --> 01:53:32.180]  it should be mandatory, basically,
[01:53:32.180 --> 01:53:36.180]  that they require a signature from the person being served.
[01:53:36.180 --> 01:53:39.180]  It's, you know, they mentioned that the limited cost
[01:53:39.180 --> 01:53:42.180]  it would have on the businesses and the courts.
[01:53:42.180 --> 01:53:47.180]  Yeah, and one thing, you might try a different service.
[01:53:47.180 --> 01:53:52.180]  If you send it through UPS or FedEx,
[01:53:52.180 --> 01:53:57.180]  they don't have the protection that the U.S. mail does.
[01:53:57.180 --> 01:54:00.180]  They have no immunity.
[01:54:00.180 --> 01:54:01.180]  Mm-hmm.
[01:54:01.180 --> 01:54:03.180]  And they tend to do a better job.
[01:54:03.180 --> 01:54:08.180]  Remember, I sent my notice, my complaint
[01:54:08.180 --> 01:54:10.180]  to the California Supreme Court,
[01:54:10.180 --> 01:54:14.180]  and I sent it by priority mail and it was tracked,
[01:54:14.180 --> 01:54:17.180]  and they claim they never got it,
[01:54:17.180 --> 01:54:20.180]  but I have the documentation to say they have.
[01:54:20.180 --> 01:54:22.180]  So it's another...
[01:54:22.180 --> 01:54:25.180]  File criminal charges against their clerk.
[01:54:25.180 --> 01:54:27.180]  Yeah, I don't know who the clerk was.
[01:54:27.180 --> 01:54:29.180]  It just went to the mailroom.
[01:54:29.180 --> 01:54:30.180]  It wasn't...
[01:54:30.180 --> 01:54:31.180]  It doesn't matter.
[01:54:31.180 --> 01:54:32.180]  You don't have to.
[01:54:32.180 --> 01:54:34.180]  You file against unknown clerk at the court.
[01:54:34.180 --> 01:54:37.180]  There is a named clerk of every court,
[01:54:37.180 --> 01:54:38.180]  the head clerk.
[01:54:38.180 --> 01:54:40.180]  She's your fondiast superior
[01:54:40.180 --> 01:54:42.180]  for anyone who works under the head clerk.
[01:54:42.180 --> 01:54:47.180]  So you always sue, respond to your superior.
[01:54:47.180 --> 01:54:49.180]  Well, that's another one I've got to do,
[01:54:49.180 --> 01:54:52.180]  because I really want to change this for everybody in America.
[01:54:52.180 --> 01:54:55.180]  This is absolutely appalling
[01:54:55.180 --> 01:54:58.180]  that they use 120-year-old rules.
[01:54:58.180 --> 01:55:01.180]  When you start suing public officials,
[01:55:01.180 --> 01:55:04.180]  you really get their attention
[01:55:04.180 --> 01:55:06.180]  because it costs a lot of money
[01:55:06.180 --> 01:55:08.180]  and they got lots of questions they have to ask
[01:55:08.180 --> 01:55:12.180]  that they're not going to want to ask.
[01:55:12.180 --> 01:55:13.180]  Mm-hmm.
[01:55:13.180 --> 01:55:16.180]  So if Leslie and I do this kind of concurrently,
[01:55:16.180 --> 01:55:19.180]  it would have more weight perhaps
[01:55:19.180 --> 01:55:23.180]  because it's on the same issue.
[01:55:23.180 --> 01:55:24.180]  Wait a minute.
[01:55:24.180 --> 01:55:25.180]  Say that again?
[01:55:25.180 --> 01:55:29.180]  If Leslie and I sue concurrently,
[01:55:29.180 --> 01:55:31.180]  Wood's going to get out
[01:55:31.180 --> 01:55:33.180]  because this is on the same issue.
[01:55:33.180 --> 01:55:37.180]  Yes, Wood will always get out.
[01:55:37.180 --> 01:55:39.180]  Suing them hurts them,
[01:55:39.180 --> 01:55:43.180]  especially if you're suing them for wrongful actions.
[01:55:43.180 --> 01:55:51.180]  And with the government not being clear,
[01:55:51.180 --> 01:55:56.180]  especially the post office is being set up,
[01:55:56.180 --> 01:56:00.180]  you pay the post office good money to perform a duty
[01:56:00.180 --> 01:56:03.180]  and they don't perform that duty.
[01:56:03.180 --> 01:56:06.180]  This is business.
[01:56:06.180 --> 01:56:08.180]  It sets them up to be sued.
[01:56:08.180 --> 01:56:11.180]  And the courts are trying to screw the prosaic clients
[01:56:11.180 --> 01:56:14.180]  at the expense of the post office.
[01:56:14.180 --> 01:56:18.180]  We sue the crapola out of the post office.
[01:56:18.180 --> 01:56:21.180]  The post office is going to have a fit
[01:56:21.180 --> 01:56:23.180]  with these same courts
[01:56:23.180 --> 01:56:26.180]  at the end of the day of sole politics.
[01:56:26.180 --> 01:56:29.180]  Yeah, I'm seeing that.
[01:56:29.180 --> 01:56:31.180]  Okay, well, this is good news.
[01:56:31.180 --> 01:56:33.180]  And if anyone out there is listening
[01:56:33.180 --> 01:56:35.180]  and wants to help with this,
[01:56:35.180 --> 01:56:38.180]  we need all the help we can get to change this rule
[01:56:38.180 --> 01:56:40.180]  to help everybody in America.
[01:56:40.180 --> 01:56:43.180]  Okay, if anybody wants to help with a white paper,
[01:56:43.180 --> 01:56:47.180]  you might find it interesting addressing new legislation.
[01:56:47.180 --> 01:56:50.180]  Send me an email. I'll forward it to Tina.
[01:56:50.180 --> 01:56:52.180]  Great, wonderful.
[01:56:52.180 --> 01:56:54.180]  Okay, thank you, Tina.
[01:56:54.180 --> 01:56:57.180]  Now we're going to Scott in Michigan.
[01:56:57.180 --> 01:56:59.180]  You got two minutes.
[01:56:59.180 --> 01:57:02.180]  I'm late to the party.
[01:57:02.180 --> 01:57:04.180]  Yeah, you are. What do you have for us?
[01:57:04.180 --> 01:57:09.180]  I bought myself two more weeks to turn in this appellate brief.
[01:57:09.180 --> 01:57:15.180]  So, we got some time.
[01:57:15.180 --> 01:57:20.180]  Okay.
[01:57:20.180 --> 01:57:23.180]  You need two minutes.
[01:57:23.180 --> 01:57:24.180]  Okay.
[01:57:24.180 --> 01:57:26.180]  I don't know what we can do in two minutes,
[01:57:26.180 --> 01:57:30.180]  but make a plan to go over the details
[01:57:30.180 --> 01:57:32.180]  of what a brief would look like
[01:57:32.180 --> 01:57:34.180]  for a case that's not even a case
[01:57:34.180 --> 01:57:36.180]  because it never went to trial,
[01:57:36.180 --> 01:57:38.180]  never had a hearing,
[01:57:38.180 --> 01:57:44.180]  never had any substance to it besides words on paper.
[01:57:44.180 --> 01:57:46.180]  Okay, I wouldn't know how to respond to that
[01:57:46.180 --> 01:57:50.180]  because I don't have the case in front of me.
[01:57:50.180 --> 01:57:51.180]  And even if I did,
[01:57:51.180 --> 01:57:55.180]  I probably wouldn't have time to read it at this point.
[01:57:55.180 --> 01:57:57.180]  Absolutely.
[01:57:57.180 --> 01:57:59.180]  Send me a synopsis.
[01:57:59.180 --> 01:58:02.180]  And we can talk over email.
[01:58:02.180 --> 01:58:04.180]  All right, that sounds good, Randy.
[01:58:04.180 --> 01:58:05.180]  Thanks a lot.
[01:58:05.180 --> 01:58:06.180]  Okay, thank you, Scott.
[01:58:06.180 --> 01:58:08.180]  We are about out of time.
[01:58:08.180 --> 01:58:09.180]  This is Randy Kelton.
[01:58:09.180 --> 01:58:11.180]  We're off our radio.
[01:58:11.180 --> 01:58:16.180]  We'll be back next week with our two-hour show on Thursday,
[01:58:16.180 --> 01:58:19.180]  this four-hour show on Friday,
[01:58:19.180 --> 01:58:22.180]  and make sure you check in with Eddie Craig on Mondays
[01:58:22.180 --> 01:58:25.180]  on his traffic show.
[01:58:25.180 --> 01:58:28.180]  He will show you how to address your tickets
[01:58:28.180 --> 01:58:30.180]  and intended to have Eddie on tonight,
[01:58:30.180 --> 01:58:32.180]  but for some reason it didn't make it.
[01:58:32.180 --> 01:58:34.180]  We had a really interesting issue
[01:58:34.180 --> 01:58:36.180]  we were talking about.
[01:58:36.180 --> 01:58:38.180]  Maybe we can get it next week.
[01:58:38.180 --> 01:58:40.180]  Thank you all for listening,
[01:58:40.180 --> 01:58:42.180]  and good night.
[01:58:49.180 --> 01:58:53.180]  Bibles for America is offering absolutely free
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[01:59:50.180 --> 01:59:52.180]  Looking for some truth?
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