[00:00.000 --> 00:05.840] The following news flash is brought to you by The Low Start Lowdown, providing the jelly [00:05.840 --> 00:13.520] bulletins for the commodity market, today's history, news updates, and the inside scoop [00:13.520 --> 00:21.360] into the tides of the alternative. [00:21.360 --> 00:29.200] Markets for Wazeva 6th of February 2019, open with gold at $1,313.70 an ounce, silver $15.77 [00:29.200 --> 00:36.800] an ounce, copper $2.83 an ounce, oil Texas Crude $3.66 a barrel, Brent Crude $61.98 a [00:36.800 --> 00:45.680] barrel, and cryptos in order of market capitalization, Bitcoin $3,401.64, Ripple XRP $0.29, Ethereum [00:45.680 --> 00:51.760] $10.10 and Eos is at $2.32 of crypto coin. [00:51.760 --> 00:59.720] Today in History, the year 1918, British women over the age of 30 who meet minimum property [00:59.720 --> 01:04.640] qualifications get the right to vote when the representation of the People Act of 1918 [01:04.640 --> 01:06.140] was passed by Parliament. [01:06.140 --> 01:13.720] Today in History, in recent news, several Texas-based organizations filed a lawsuit today requesting [01:13.720 --> 01:18.600] that a federal court stop the state from flagging about 95,000 people as potentially illegally [01:18.600 --> 01:19.920] registered to vote. [01:19.920 --> 01:24.720] The list was compiled after an 11-month-long investigation by the Office of the Texas Secretary [01:24.720 --> 01:29.560] of State and the Texas Department of Public Safety, which sought to identify non-U.S. [01:29.560 --> 01:33.440] citizens who were registered to vote when obtaining age-alters license. [01:33.440 --> 01:37.200] Over half of the 95,000 did indeed vote, it seems. [01:37.200 --> 01:41.200] However, further controversy was raised when it became clear that some of the names were [01:41.200 --> 01:45.440] not in fact belonging to those who were non-citizens and registered. [01:45.440 --> 01:49.880] Apparently around 25% of all Latino immigrants become naturalized, gaining the right to [01:49.880 --> 01:50.880] vote. [01:50.880 --> 01:55.320] Registered voters who receive letters querying their citizenship have 30 days to respond [01:55.320 --> 01:57.160] with proof of eligibility. [01:57.160 --> 02:01.320] Texas Attorney General Ken Paxton and David Whitley, the Texas Secretary of State, have [02:01.320 --> 02:09.080] yet to officially comment regarding this list and any updates pertaining to it. [02:09.080 --> 02:13.800] A Texas man of only 24 years old, William Brown, died from a severed artery in his [02:13.800 --> 02:16.840] neck after a vape pen exploded while he was using it. [02:16.840 --> 02:20.760] It apparently happened in the parking lot of the vape shop where he got it. [02:20.760 --> 02:24.360] An x-ray revealed that a piece of metal was embedded in his brainstem. [02:24.360 --> 02:30.560] The vape store, Smoke and Vape DZ, has refused to comment. [02:30.560 --> 02:35.320] First-Edition Anchorwoman Kristin Diaz interviewed Aislin Campbell, the executive director of [02:35.320 --> 02:40.280] Grow Local, South Texas, concerning the upcoming Texas Organic Farmers and Gardeners Association [02:40.280 --> 02:44.800] conference, which will be taking place at the Corpus Christi Omni Hotel from February [02:44.800 --> 02:47.520] 14th to 16th, 6 to 9 p.m. [02:47.520 --> 02:50.520] You can find the interview at kiitv.com. [02:50.520 --> 03:19.520] This was Rick Rody with your lowdown for February 6th, 2019. [03:19.520 --> 03:48.320] Okay, howdy howdy, Randy Kelton, Debra Stevens, Rural Raw Radio. [03:48.320 --> 03:58.320] On this 27th day of June, 2019, it's hard to believe the years have gone already. [03:58.320 --> 04:06.240] Well, turning the phone lines on, call in number 512-646-1984, we'll be taking your [04:06.240 --> 04:07.240] calls all night. [04:07.240 --> 04:11.440] So, if you have a question or comment, give us a call. [04:11.440 --> 04:24.080] We are moving ahead on launching the SEC questionnaire, and if anybody, it's got a little time, they [04:24.080 --> 04:28.880] just want to screw around a little bit, go on the site, check it out, give us feedback. [04:28.880 --> 04:34.760] Try one of our questionnaires that are working and give us some feedback on them. [04:34.760 --> 04:40.520] I'm making adjustments to them, but I have made them. [04:40.520 --> 04:43.600] I've been through them a thousand times. [04:43.600 --> 04:49.240] So if there are problems with them, I can't see those problems. [04:49.240 --> 04:56.640] We are, right now we're restructuring how the questionnaires themselves are presented. [04:56.640 --> 05:04.280] We set up this methodology a year and a half ago, and we decided not to mess with it until [05:04.280 --> 05:12.440] we had the tool up and working, then we would know better how we wanted to present it. [05:12.440 --> 05:19.320] And pretty well worked that out, and I was supposed to send a sketch to my program, and [05:19.320 --> 05:20.320] I didn't. [05:20.320 --> 05:26.440] So, tomorrow we'll get to work on reworking how the questionnaire presents itself, but [05:26.440 --> 05:30.880] I'd like some people to go through it and just answer the questions any way you want [05:30.880 --> 05:37.440] to, so we can make sure everything is feeding back the way it's supposed to, make sure that [05:37.440 --> 05:43.040] people with different systems in different places are not seeing problems that we're [05:43.040 --> 05:44.040] not seeing. [05:44.040 --> 05:51.080] So, if you have time, we'd appreciate going in there and trying this thing out. [05:51.080 --> 05:59.080] We're negotiating with the company now to finance a start on this, and we're beginning [05:59.080 --> 06:05.280] to promote to other countries, other companies around the country, so actually around the [06:05.280 --> 06:06.280] world. [06:06.280 --> 06:08.560] So, that part of it is beginning to look good. [06:08.560 --> 06:12.000] I think we'll get this thing launched pretty soon. [06:12.000 --> 06:19.040] And also we're launching our funding program. [06:19.040 --> 06:24.520] This year we're asking everybody to just donate a dollar. [06:24.520 --> 06:31.280] Just go to Logos Radio Network and go to the donate button, donate button, and just donate [06:31.280 --> 06:32.280] a dollar. [06:32.280 --> 06:35.080] Anybody can afford a dollar. [06:35.080 --> 06:43.880] We have enough listeners that if they find value in what we're doing, a minor amount, [06:43.880 --> 06:51.320] and just one thing, if you do donate, you don't have to worry about us using your name [06:51.320 --> 06:54.880] to sell to generate advertising revenue. [06:54.880 --> 07:00.840] We don't do that, so you won't have to worry about getting everybody in his neighbor calling [07:00.840 --> 07:01.840] you. [07:01.840 --> 07:09.320] I just signed up for some domain names, and I'm getting about 100 calls a day from all [07:09.320 --> 07:14.680] over the planet, and I understand how frustrating that can be, but you won't have to worry about [07:14.680 --> 07:15.680] that with our site. [07:15.680 --> 07:16.680] We don't do that. [07:16.680 --> 07:21.680] Heck, if we did that, we probably wouldn't need the money to keep the site going. [07:21.680 --> 07:26.200] It'd be paying for itself, but it was just a matter of principle. [07:26.200 --> 07:34.240] We won't use the people who help us to force them to have the listening to ads so we can [07:34.240 --> 07:35.240] get paid for it. [07:35.240 --> 07:40.520] Okay, we are, we've got a couple of calls on already, so I'm going to go to Ken in New [07:40.520 --> 07:41.520] York. [07:41.520 --> 07:42.520] Hello, Ken. [07:42.520 --> 07:46.880] Hi, Randy. [07:46.880 --> 07:50.680] I have a moral dilemma I'd like to discuss with you. [07:50.680 --> 07:52.320] I'm not going to go through the whole thing tonight. [07:52.320 --> 07:55.560] It might be better to call back tomorrow night. [07:55.560 --> 08:01.200] It seems like I've been drawn into the medical mistake again. [08:01.200 --> 08:05.320] My doctor sends me for a simple ultrasound. [08:05.320 --> 08:10.680] As they said that I have a big blood clot in my left leg, I go home, doctor, says, [08:10.680 --> 08:12.680] Ken, get right down to the emergency room. [08:12.680 --> 08:18.160] I'm going to have an emergency room, triage, takes a look at me, and I say, hey, no, it's [08:18.160 --> 08:19.160] too bad. [08:19.160 --> 08:20.480] So they let me wait five hours. [08:20.480 --> 08:29.360] I get into a room, I go upstairs, and they get ready to put me in a administer, admit [08:29.360 --> 08:32.600] me to an ICU room. [08:32.600 --> 08:37.000] Then they redo the test and they find out there's no blood clot. [08:37.000 --> 08:39.000] At all? [08:39.000 --> 08:45.240] Now, after that, they asked me to do another test, and the other test was to verify that [08:45.240 --> 08:46.240] maybe it traveled. [08:46.240 --> 08:53.840] So they did a radioactive contrast, again, you got to suck in this radioactive gas, take [08:53.840 --> 08:59.080] a couple of pictures of your chest to make sure it's not in your lungs, nothing. [08:59.080 --> 09:04.000] So now I'm in there for like three days, I'm getting inundated to do heart testing, all [09:04.000 --> 09:06.640] kinds of other stuff. [09:06.640 --> 09:10.160] And I finally got to the point where I had to say, look, I have a slightly different [09:10.160 --> 09:13.400] idea, and they asked me what it was, and I said, I'm going to call a sheriff if she [09:13.400 --> 09:16.280] don't let me out of here. [09:16.280 --> 09:19.680] That usually works when you're in a hospital because people don't expect it. [09:19.680 --> 09:22.640] They always think you're going to call a police and they go, you know. [09:22.640 --> 09:28.160] Well, they let me out, now they poisoned my medical records and said I left against medical [09:28.160 --> 09:34.600] advice, and now I'm wondering, I'm probably now into this with Medicare 80-20, I'm into [09:34.600 --> 09:40.160] this for probably several thousand dollars now, which is going to put a crimp on my donating [09:40.160 --> 09:42.160] for a while. [09:42.160 --> 09:48.000] Question is, I believe that the original mistake was probably not intentional. [09:48.000 --> 09:53.120] I'm sure it was not intentional, but the question is, do I have to eat it? [09:53.120 --> 09:54.120] No. [09:54.120 --> 10:01.120] Well, okay, I'm saying no, this is not my area, but you didn't drag somebody off the [10:01.120 --> 10:07.680] street and asked them to perform this analysis for you. [10:07.680 --> 10:14.400] You went to a medical specialist, and they have an errors in emissions policy for that [10:14.400 --> 10:21.640] purpose, and this is not a high enough amount that they will want to go into a courtroom [10:21.640 --> 10:23.640] with you. [10:23.640 --> 10:27.280] No, I'm not saying that. [10:27.280 --> 10:32.040] That is probably something you can take to them, and this is something that's not likely [10:32.040 --> 10:35.640] to harm the practitioner greatly. [10:35.640 --> 10:42.240] It may sting them a little bit, but it's kind of like backing into a car in a parking lot. [10:42.240 --> 10:47.840] Yeah, you're a dint of a fender, but it's not like you were driving 90 miles an hour [10:47.840 --> 10:49.840] or something. [10:49.840 --> 10:58.960] So I suggest that if you make the claim to the practitioner, they will probably not want [10:58.960 --> 11:00.920] to fight this in court. [11:00.920 --> 11:03.960] I may be able to come to some agreement. [11:03.960 --> 11:09.000] We're talking about the 20% of it, and then the other part is, should Medicare be made [11:09.000 --> 11:11.960] to pay for what looks like a complete mistake? [11:11.960 --> 11:12.960] That. [11:12.960 --> 11:13.960] You care about it? [11:13.960 --> 11:16.840] Should I try to get an investigator? [11:16.840 --> 11:19.920] That's between them, Medicare, and those guys. [11:19.920 --> 11:22.040] Okay, so I don't have to. [11:22.040 --> 11:26.720] All I'm worried about is my 20% if I can get somebody to cover that. [11:26.720 --> 11:32.800] If Medicare doesn't want to pay for the rest of it, that's up to them. [11:32.800 --> 11:39.080] You wouldn't have any standing in that anyway, so it's not something you have to worry about. [11:39.080 --> 11:44.280] It's not something that I would want to, first of all, I already tried a lawyer and a lawyer [11:44.280 --> 11:48.360] explained to me how malpractice works and all of this stuff, and basically there was [11:48.360 --> 11:52.240] nothing, there's not enough money in it for them to get involved with it, which I kind [11:52.240 --> 11:53.240] of expected. [11:53.240 --> 12:00.160] But I did learn quite a bit about, you know, we were just talking about various aspects [12:00.160 --> 12:06.080] of medical malpractice, and, you know, their view was that, well, you know, if something [12:06.080 --> 12:07.960] did happen, you'd be glad it happened. [12:07.960 --> 12:10.920] I said, I understand that, and yes. [12:10.920 --> 12:16.240] But the fact is that it didn't, and it's now sent me back several, I'm sure it's going [12:16.240 --> 12:19.040] to be more than a couple, even a 20%. [12:19.040 --> 12:27.040] Yeah, as this lawyer, how would you feel if they thought they found cancer and treated [12:27.040 --> 12:35.120] you with radiation therapy and knocked out all your hair and damaged your immune system [12:35.120 --> 12:36.520] for the rest of your life? [12:36.520 --> 12:44.360] But if you had had cancer, why you would have been taken care of, yeah, good luck on that. [12:44.360 --> 12:53.280] I did have someone send me an email, and I'm hoping he calls in because he will talk about [12:53.280 --> 12:56.840] how the politics works. [12:56.840 --> 13:02.880] This is not about law specifically, it's about politics. [13:02.880 --> 13:09.840] And you do a little politics here with these guys, and they'll probably be glad to pay [13:09.840 --> 13:16.640] your claim just to get you to go away and not give them a hard time. [13:16.640 --> 13:20.520] And I don't see any moral issue here. [13:20.520 --> 13:26.760] Should I contact the illegal department or try to contact some corporate office? [13:26.760 --> 13:36.880] I think in terms of a sovereign, you know, you're the one that pays all the bills. [13:36.880 --> 13:41.240] You didn't hire any of these people that work for this corporation. [13:41.240 --> 13:42.640] You don't have to talk to any of them. [13:42.640 --> 13:45.680] You want to talk to the one that makes decisions. [13:45.680 --> 13:51.080] My sister just told me about having a problem with a vacuum cleaner, and she asked everybody [13:51.080 --> 13:52.080] for the supervisor. [13:52.080 --> 13:57.760] And she finally got someone who said, my only supervisor is the president of the company. [13:57.760 --> 13:59.640] Well, you'll do. [13:59.640 --> 14:05.800] And when she told her the problem, two days later, they sent her a new vacuum cleaner. [14:05.800 --> 14:09.320] So start at the top, not at the bottom. [14:09.320 --> 14:13.720] If you're an employee of the corporation, you have to start at the bottom, but we're [14:13.720 --> 14:16.560] not employees. [14:16.560 --> 14:23.200] I have an unbelievable telephone story where a friend of mine paid to have a private line [14:23.200 --> 14:27.640] put in this a number of years ago, and they put him on a party line. [14:27.640 --> 14:34.680] And I knew that the president, that the corporate office of Sintel was in Chicago and not in [14:34.680 --> 14:37.440] Colleen like everybody there told us it was. [14:37.440 --> 14:42.280] So I called Chicago and asked for the company, asked who the president was. [14:42.280 --> 14:46.800] And she said, they asked me why, and I said, well, my daughter's doing a report in high [14:46.800 --> 14:52.320] school on the most influential company presidents. [14:52.320 --> 14:54.600] And she wanted to do one on the Sintel president. [14:54.600 --> 14:56.720] Oh, well, she gave us the number. [14:56.720 --> 15:02.520] I called back and asked the president by name, and they sent me to another phone, a woman [15:02.520 --> 15:06.600] answered it, and it was the president's secretary. [15:06.600 --> 15:10.320] And I asked for him by name, so, well, he's not here, and I act like I'm really upset. [15:10.320 --> 15:12.320] Well, who is here? [15:12.320 --> 15:13.840] Well, Mr. Rice is here. [15:13.840 --> 15:14.840] Who's he? [15:14.840 --> 15:18.000] Well, he's the chairman of the board. [15:18.000 --> 15:19.000] He'll do. [15:19.000 --> 15:24.480] And I said, hey, Mark, you need to talk to this guy, he's in Chicago, his name's Rice, [15:24.480 --> 15:27.000] and Mark was furious. [15:27.000 --> 15:35.040] He grabbed the phone, look, you're Rice, look, you SOB, I paid you for a private line. [15:35.040 --> 15:38.280] You put me on a six party or five party line. [15:38.280 --> 15:43.040] I'll have my private line pass to come up Chicago and kick your behind to get it. [15:43.040 --> 15:45.040] And he hung up. [15:45.040 --> 15:48.480] Geez, Mark, you know who that was? [15:48.480 --> 15:49.480] I don't know. [15:49.480 --> 15:50.480] I'm Rice Guy. [15:50.480 --> 15:52.640] I was the chairman of the board. [15:52.640 --> 15:53.640] Ooh. [15:53.640 --> 15:59.480] The next day, well, about 20 minutes later, he got a call from a Mr. Whitney, executive [15:59.480 --> 16:02.200] vice president of this five state area. [16:02.200 --> 16:08.680] Mr. Masaral, about your private line, will tomorrow noon be soon enough? [16:08.680 --> 16:13.240] The next day they had to have 200 guys out there. [16:13.240 --> 16:16.440] They got him his private line. [16:16.440 --> 16:17.440] See my point. [16:17.440 --> 16:25.600] There is, there is another aspect to this as a result of this, since I pulled myself [16:25.600 --> 16:28.760] out of the hospital, my doctor says she was in a position. [16:28.760 --> 16:30.720] She wouldn't give me a letter to go back to work. [16:30.720 --> 16:32.960] I've been out of work for a month. [16:32.960 --> 16:33.960] Wow. [16:33.960 --> 16:34.960] I do have somebody. [16:34.960 --> 16:35.960] Yeah. [16:35.960 --> 16:37.960] That's another part of the claim. [16:37.960 --> 16:38.960] Yeah. [16:38.960 --> 16:40.960] Maybe I'll call back tomorrow. [16:40.960 --> 16:41.960] Okay. [16:41.960 --> 16:44.440] All of this is a good claim. [16:44.440 --> 16:47.000] This should be an easy claim to get them to pay off. [16:47.000 --> 16:48.000] Okay. [16:48.000 --> 16:49.280] But relatively it's a chunk change. [16:49.280 --> 16:50.280] Okay. [16:50.280 --> 16:51.280] Hang on. [16:51.280 --> 16:52.280] About to go to break. [16:52.280 --> 16:53.280] Randy Kelton. [16:53.280 --> 16:54.280] Deborah Stevens, rule of law radio. [16:54.280 --> 16:55.280] I'll call in number 5126461984. [16:55.280 --> 16:56.280] We'll be right back. [16:56.280 --> 17:03.280] Rule of law radio is proud to offer the rule of law traffic seminar. [17:03.280 --> 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 --> 17:12.200] going to have a free society, then we're going to have to stand and defend our own rights. [17:12.200 --> 17:15.040] Among those rights are the right to travel freely from place to place, the right to [17:15.040 --> 17:19.240] act in our own private capacity, and most importantly, the right to due process of law. [17:19.240 --> 17:23.120] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve [17:23.120 --> 17:24.600] our rights through due process. [17:24.600 --> 17:28.440] Former sheriff's deputy Eddie Craig, in conjunction with rule of law radio, has put together the [17:28.440 --> 17:32.200] most comprehensive teaching tool available that will help you understand what due process [17:32.200 --> 17:34.600] is and how to hold courts to the rule of law. [17:34.600 --> 17:38.600] You can get your own copy of this invaluable material by going to ruleoflawradio.com and [17:38.600 --> 17:39.960] ordering your copy today. [17:39.960 --> 17:43.280] By ordering now you'll receive a copy of Eddie's book, The Texas Transportation Code, [17:43.280 --> 17:47.720] The Law vs. the Lie, video and audio of the original 2009 seminar, hundreds of research [17:47.720 --> 17:50.040] documents and other useful resource material. [17:50.040 --> 17:54.000] Learn how to fight for your rights with the help of this material from ruleoflawradio.com. [17:54.000 --> 18:00.600] For your copy today and together we can have free society we all want and deserve. [18:00.600 --> 18:05.920] Are you being harassed by debt collectors with phone calls, letters or even lawsuits? [18:05.920 --> 18:09.440] Stop debt collectors now with the Michael Mearris proven method. [18:09.440 --> 18:13.720] Michael Mearris has won six cases in federal court against debt collectors and now you [18:13.720 --> 18:14.720] can win two. [18:14.720 --> 18:19.560] You'll get step-by-step instructions in plain English on how to win in court using federal [18:19.560 --> 18:20.560] civil rights statutes. [18:20.560 --> 18:25.960] What to do when contacted by phones, mail or court summons, how to answer letters and [18:25.960 --> 18:30.400] phone calls, how to get debt collectors out of your credit report, how to turn the financial [18:30.400 --> 18:34.160] tables on them and make them pay you to go away. [18:34.160 --> 18:39.280] The Michael Mearris proven method is the solution for how to stop debt collectors. [18:39.280 --> 18:41.400] Personal consultation is available as well. [18:41.400 --> 18:46.960] For more information please visit ruleoflawradio.com and click on the blue Michael Mearris banner [18:46.960 --> 18:49.920] or email MichaelMearris at yahoo.com. [18:49.920 --> 18:57.640] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com. [18:57.640 --> 19:04.960] To learn how to stop debt collectors next, you are listening to the Logos Radio Network [19:04.960 --> 19:23.000] by www.logosradionetworks.com. [19:23.000 --> 19:45.840] Okay, we are back. [19:45.840 --> 19:51.120] Randy Calton, Debra Stevens of Rule of Law Radio and we're going to Tina in California. [19:51.120 --> 19:52.120] Hello Tina. [19:52.120 --> 19:55.120] What do you have for us today? [19:55.120 --> 20:05.880] Well, a couple of quick questions regarding my declaratory judgment issue. [20:05.880 --> 20:16.760] I did file a response to their demure basically attacking their issue of jurisdiction of Residucata. [20:16.760 --> 20:28.600] But when I filed it, I went down to the courtroom and I filled in the proof of service and signed [20:28.600 --> 20:34.840] it in putting my name and had the envelope ready with the stamps on everything and went [20:34.840 --> 20:40.000] to the toll the click, I was going right to the post office but I'd like to put a filed [20:40.000 --> 20:44.800] copy of my response in and she said, well, I don't know if they're going to accept this [20:44.800 --> 20:48.240] because you can't do the proof of service. [20:48.240 --> 20:50.320] And I said, why not? [20:50.320 --> 20:51.320] The attorneys can. [20:51.320 --> 20:54.320] She said, well, it's different for attorneys. [20:54.320 --> 20:55.720] I said, why? [20:55.720 --> 20:59.440] Well, it just is. [20:59.440 --> 21:07.000] And I sent it anyway because I just didn't, I wanted to get it filed and I didn't have [21:07.000 --> 21:12.680] the time to come back to the house and then go try to find a neighbor to, you know, who [21:12.680 --> 21:16.760] was willing to sign a proof of service that they're going to put it in the mail because [21:16.760 --> 21:21.680] this is a hardship if you don't have someone who's willing to do it. [21:21.680 --> 21:24.040] Wait a minute. [21:24.040 --> 21:25.200] Explain this. [21:25.200 --> 21:28.680] You can't file a proof of service? [21:28.680 --> 21:29.680] No. [21:29.680 --> 21:37.400] According to the clerk of the court, I can't file one and I said, well, I understand when [21:37.400 --> 21:44.560] you're filing the actual complaints, you have to serve them and you have to serve them with [21:44.560 --> 21:46.360] a proof of service. [21:46.360 --> 21:47.360] But I said, this is a follow-up. [21:47.360 --> 21:49.840] This is a response to their demure. [21:49.840 --> 21:51.480] Well, you can try to. [21:51.480 --> 21:55.080] Is this filed in state court or federal? [21:55.080 --> 21:56.080] State. [21:56.080 --> 21:57.600] Oh, okay. [21:57.600 --> 21:58.600] State may be that way. [21:58.600 --> 22:02.080] Federal, you don't have to do that anymore. [22:02.080 --> 22:13.040] Well, you know, when I'm looking, I'm looking at the notice of court call appearance and [22:13.040 --> 22:20.000] some other notices that the other side files and send. [22:20.000 --> 22:22.200] Now, I'm looking at the copy. [22:22.200 --> 22:23.200] Okay. [22:23.200 --> 22:24.200] Hold on. [22:24.200 --> 22:25.200] Hold on. [22:25.200 --> 22:27.360] These are, you're talking two different things. [22:27.360 --> 22:35.800] The original petition, a lot of states require that that be filed by a process server because [22:35.800 --> 22:40.000] they want to be able to prove that the person actually got it. [22:40.000 --> 22:41.000] Yeah. [22:41.000 --> 22:43.400] I did that. [22:43.400 --> 22:44.400] That was done. [22:44.400 --> 22:46.800] This is just the follow-up filings. [22:46.800 --> 22:51.240] Then the clerk is wrong to their demure. [22:51.240 --> 22:52.240] Clerk is wrong. [22:52.240 --> 22:56.480] You can file that without, I don't know where she come up with that. [22:56.480 --> 22:58.720] You should call, ask for the head clerk. [22:58.720 --> 22:59.720] Okay. [22:59.720 --> 23:06.360] Because I know the other side will try to deny they got it if that is correct. [23:06.360 --> 23:11.480] But I've helped a lot of people in California. [23:11.480 --> 23:14.960] The only thing that had to be served is the original petition. [23:14.960 --> 23:15.960] Okay. [23:15.960 --> 23:23.040] Everything else is filed with the proof of service because everything else is subject [23:23.040 --> 23:25.240] to, we didn't get it. [23:25.240 --> 23:28.240] So you send it to them and reset the hearing. [23:28.240 --> 23:29.240] Yeah. [23:29.240 --> 23:37.440] Well, it's funny, though, when they send me a proof of service, I see the name Patricia [23:37.440 --> 23:43.960] Finney on it, which is not the party that, you know, it's somebody in their office. [23:43.960 --> 23:48.680] Under the type name, it has their name, but there is absolutely no signature on any of [23:48.680 --> 23:49.680] them. [23:49.680 --> 23:53.640] Now, is that really a proof of service? [23:53.640 --> 23:58.560] Okay, the fact that yours doesn't have a signature on it, it doesn't matter. [23:58.560 --> 24:02.080] It's the one that the court has have a signature on it. [24:02.080 --> 24:03.080] That I don't know. [24:03.080 --> 24:06.080] I'm going to have to go to the court house and find out. [24:06.080 --> 24:07.080] Okay. [24:07.080 --> 24:09.000] And those are the kinds of things I don't bring up. [24:09.000 --> 24:17.000] I had a lawyer bring up the fact that the pleading that he received was not signed. [24:17.000 --> 24:24.480] And the judge said, mine's signed, it's lawyer, oh, sorry, your honor. [24:24.480 --> 24:28.760] Yeah, you shouldn't have brought up crap like that anyway. [24:28.760 --> 24:32.520] And the judge was clearly annoyed by it and that's why he said, well, counselor, mine [24:32.520 --> 24:34.320] is signed. [24:34.320 --> 24:42.600] So picking like that, things that don't make any difference, documents that are required [24:42.600 --> 24:45.760] to be authenticated. [24:45.760 --> 24:53.520] If you file one and the other side objects to it, because it's not verified, then you [24:53.520 --> 24:55.440] can take it out and have it verified and bring it back. [24:55.440 --> 24:59.400] Or you can say, your honor, how about if I sign this in front of you, will you verify [24:59.400 --> 25:00.400] that I signed it? [25:00.400 --> 25:04.520] And most times the judge say, sure, you're going to give the clerk, you'll verify it. [25:04.520 --> 25:10.960] And then that problem's over because it's nitpicking to bring those up and lawyers only [25:10.960 --> 25:12.440] do that when they want to be jerks. [25:12.440 --> 25:16.360] So every time they do it, bar grieve them, that'll pay them back. [25:16.360 --> 25:20.040] Okay, so if they do that in the courtroom, I can bar grieve them. [25:20.040 --> 25:21.040] You can bar grieve them. [25:21.040 --> 25:22.040] You can bar grieve them. [25:22.040 --> 25:23.040] Department of Herald are on the wrong side. [25:23.040 --> 25:24.040] Well, I will. [25:24.040 --> 25:30.440] The state bar is going to toss it anyway, but their insurance company's not. [25:30.440 --> 25:32.440] Yeah, yeah. [25:32.440 --> 25:39.800] Now, it's something I think we, if it really is a rule, I think it's something we have [25:39.800 --> 25:40.800] to fight for. [25:40.800 --> 25:47.200] Why is somebody who's credible over the age of 18, never been convicted of a crime, not [25:47.200 --> 25:52.000] allowed to sign a proof of service when the attorney's off? [25:52.000 --> 25:59.440] This is as many people as I have helped file pleadings. [25:59.440 --> 26:02.280] I've never heard of this in California. [26:02.280 --> 26:09.360] Well, we'll find out when the hearing is, which is July 10th floor, and I'll see what [26:09.360 --> 26:11.960] her tentative response is. [26:11.960 --> 26:17.520] But remember, they use that mailbox rule against me when the person who supposedly [26:17.520 --> 26:23.720] signed the proof of service, it was just a stamped name on both the printed side and [26:23.720 --> 26:26.840] the signature side of the same rubber stamp. [26:26.840 --> 26:28.360] And that's okay. [26:28.360 --> 26:33.440] And I never got it, but they said I did, even though I didn't get it ever. [26:33.440 --> 26:37.040] Okay, that's a due to Cable, but you're in California. [26:37.040 --> 26:38.040] That's right. [26:38.040 --> 26:39.040] Of course. [26:39.040 --> 26:43.800] It's not about law, you'll never win it on these points of law. [26:43.800 --> 26:49.520] Now if you file a bar grievance against the lawyer, or file a counterclaim against the [26:49.520 --> 26:55.640] lawyer for malpractice, and they'll say, oh, you can't do that, yeah, I can, we'll just [26:55.640 --> 26:59.040] take this all the way through the appeals process. [26:59.040 --> 27:02.400] Hey, you want to try this again, we'll try another one. [27:02.400 --> 27:03.400] It's politics. [27:03.400 --> 27:07.840] You got to make life difficult for them, because they're doing everything they can to make [27:07.840 --> 27:10.200] life difficult for you. [27:10.200 --> 27:15.000] The problem they have is due process. [27:15.000 --> 27:22.520] Even if the judge is bought and paid for, he still has to deal with due process. [27:22.520 --> 27:29.200] Because failing to give due process is something that can really get out of hand if it becomes [27:29.200 --> 27:31.720] a court ruling. [27:31.720 --> 27:36.200] If they deny you due process, they wind up denying everybody due process. [27:36.200 --> 27:43.680] So this gets more difficult for them, so start hammering them. [27:43.680 --> 27:47.960] They do dirty tricks to you, we do dirty tricks to them. [27:47.960 --> 27:56.000] Well, I'm sitting waiting for that one that I filed, and remember it's gone to the Supreme [27:56.000 --> 28:00.480] Court of California against the attorney and the state bar. [28:00.480 --> 28:01.960] I'm waiting to hear from them. [28:01.960 --> 28:04.160] I have not heard anything yet. [28:04.160 --> 28:07.000] Oh, is this the one, the Supreme? [28:07.000 --> 28:09.720] How long has the Supreme had this one? [28:09.720 --> 28:14.400] Let me think, they've had it. [28:14.400 --> 28:21.520] I can tell you the date that they accepted it here, because I have blood in front of [28:21.520 --> 28:22.520] me. [28:22.520 --> 28:28.680] It was May the 30th, the Court has granted permission to file the untimely accusation [28:28.680 --> 28:29.680] against the attorney. [28:29.680 --> 28:30.680] Okay. [28:30.680 --> 28:32.400] It's not even 30 days yet. [28:32.400 --> 28:35.080] So that's not long for the Supreme. [28:35.080 --> 28:43.720] I would give them 60 days and then file a motion to set your complaint for hearing. [28:43.720 --> 28:45.360] That'll nudge them a little bit. [28:45.360 --> 28:49.760] Tell them that you're not going to forget about it and go away. [28:49.760 --> 28:53.800] Okay, I can do that. [28:53.800 --> 28:55.800] I wouldn't mind just trick to San Francisco. [28:55.800 --> 29:05.680] I have to take the phone and maybe walk up there, unless I can hit your ride, but this [29:05.680 --> 29:06.680] would be good. [29:06.680 --> 29:07.680] Okay. [29:07.680 --> 29:14.680] This is the way we keep them honest, and here, this is a situation where you're not at risk. [29:14.680 --> 29:16.240] They're not beating you up this time. [29:16.240 --> 29:21.960] You're beating them up, and it can absolutely be fun. [29:21.960 --> 29:31.080] I have found these higher level judges, when you get in front of them, they are polite. [29:31.080 --> 29:33.280] They're considerate. [29:33.280 --> 29:40.640] It's a lot more pleasant experience than dealing with these chumps down here on the bottom. [29:40.640 --> 29:41.640] Hang on. [29:41.640 --> 29:42.640] We're about to go to break. [29:42.640 --> 29:46.760] This is Randy Kelton, Denver Stevens, and we have our fundraiser going, so check out [29:46.760 --> 29:53.600] Lovis Radio Network on the break, and just a dollar a month would be a great help. [29:53.600 --> 29:55.640] It adds up over time. [29:55.640 --> 29:56.640] Hang on. [29:56.640 --> 29:58.640] We'll be right back. [29:58.640 --> 30:03.040] Could a virus make you fat? [30:03.040 --> 30:07.560] A new study suggests that being overweight might not be all your fault after all. [30:07.560 --> 30:11.800] I'm Dr. Katherine Albrecht, and I'll tell you more in just a moment. [30:11.800 --> 30:16.560] Your search engine is watching you, recording all your searches, and creating a massive [30:16.560 --> 30:19.200] database of your personal information. [30:19.200 --> 30:20.200] That's creepy. [30:20.200 --> 30:22.240] But it doesn't have to be that way. [30:22.240 --> 30:25.360] StartPage.com is the world's most private search engine. [30:25.360 --> 30:29.520] StartPage doesn't store your IP address, make a record of your searches or use tracking [30:29.520 --> 30:31.760] cookies, and their third party certified. [30:31.760 --> 30:36.240] If you don't like big brother spying on you, start over with StartPage. [30:36.240 --> 30:38.840] Great search results and total privacy. [30:38.840 --> 30:41.720] StartPage.com, the world's most private search engine. [30:41.720 --> 30:45.920] Think twice before blaming yourself or someone else for being overweight. [30:45.920 --> 30:50.560] A new study suggests a common childhood virus could be the culprit. [30:50.560 --> 30:55.240] Researchers found that children exposed to adenovirus 36, an infection that causes short-term [30:55.240 --> 31:00.400] gastrointestinal and respiratory symptoms, weighed an average of 52 pounds more than [31:00.400 --> 31:02.720] children who were never infected. [31:02.720 --> 31:06.760] Researchers believe this fat virus increases the body's fat cells and makes it harder for [31:06.760 --> 31:09.520] the body to break down mature fat cells later. [31:09.520 --> 31:13.360] The result is that people affected by the virus store more fat overall. [31:13.360 --> 31:16.360] So, go easy on the next overweight person you see. [31:16.360 --> 31:20.360] Diet and exercise may not work as well for them as they do for you. [31:20.360 --> 31:47.360] Under Catherine Albrecht, more news and information at CatherineAlbrecht.com. [31:47.360 --> 32:03.840] Hey, it's Danny here for Hill Country Home Improvements. [32:03.840 --> 32:07.000] Did your home receive hail or wind damage from the recent storms? [32:07.000 --> 32:10.680] Come on, we all know the government caused it with their chemtrails, but good luck getting [32:10.680 --> 32:11.680] them to pay for it. [32:11.680 --> 32:15.280] Okay, I might be kidding about the chemtrails, but I'm serious about your roof. [32:15.280 --> 32:19.080] That's why you have insurance and Hill Country Home Improvements can handle the claim for [32:19.080 --> 32:21.840] you with little to no out-of-pocket expense. [32:21.840 --> 32:26.120] And we accept Bitcoin as a multi-year A-plus member of the Better Business Bureau with [32:26.120 --> 32:27.440] zero complaints. [32:27.440 --> 32:31.680] You can trust Hill Country Home Improvements to handle your claim and your roof right [32:31.680 --> 32:32.880] the first time. [32:32.880 --> 32:39.200] Just call 512-992-8745 or go to hillcountryhomeimprovements.com. [32:39.200 --> 32:43.560] Mention the crypto show and get $100 off, and we'll donate another $100 to the Logos [32:43.560 --> 32:46.160] Radio Network to help continue this programming. [32:46.160 --> 32:51.320] So if those out-of-town roofers come knocking, your door should be locked in. [32:51.320 --> 32:57.280] That's 512-992-8745 or hillcountryhomeimprovements.com. [32:57.280 --> 32:59.200] Discounts are based on full roof replacement. [32:59.200 --> 33:02.000] I mean, I actually be kidding about chemtrails. [33:02.000 --> 33:28.000] Live, free speech radio, LogosRadioNetwork.com. [33:28.000 --> 33:55.320] Okay, we are back. [33:55.320 --> 34:06.320] Thank you. [34:06.320 --> 34:07.320] One quick question. [34:07.320 --> 34:18.120] While I've got this particular point in court, I still have, there's two things here. [34:18.120 --> 34:30.120] I still have to get the ledgers from the notarists that they refused to give me, because this [34:30.120 --> 34:35.920] attorney said that I was harassing CIT and they were not going to allow me to have them. [34:35.920 --> 34:41.440] Now can I, even though this is a different issue that I'm in court with, can I file a [34:41.440 --> 34:46.040] subpoena.sucam to get those while I'm... [34:46.040 --> 34:51.320] If those records are relevant to what you're in court for. [34:51.320 --> 34:55.720] Okay, they're not, because this is just the note. [34:55.720 --> 35:07.040] Well, they may be relevant, because the ledgers are about the fact that the notaries signed [35:07.040 --> 35:19.920] the substitution of trustees, but is that relevant in this particular instance? [35:19.920 --> 35:29.000] Okay, wait a minute, let me understand this again. [35:29.000 --> 35:35.080] What is the issue before the court, the declaratory judgment issue? [35:35.080 --> 35:42.360] That is for me to get the original copy of my note, because the loan was satisfied. [35:42.360 --> 35:49.760] Notary signing documents will be relevant, will have nothing to do with the point of [35:49.760 --> 35:53.200] law you're making the request for. [35:53.200 --> 35:54.880] Okay, well... [35:54.880 --> 35:57.920] So, no, you wouldn't be able to get it. [35:57.920 --> 35:59.920] File for that. [35:59.920 --> 36:00.920] Okay. [36:00.920 --> 36:12.840] So, would it be good to file another complaint to the state bar about this particular issue [36:12.840 --> 36:23.360] about this attorney writing me a letter saying that they're not going to be giving me my, [36:23.360 --> 36:27.160] you know, they're not giving me my note when they should. [36:27.160 --> 36:28.160] So... [36:28.160 --> 36:29.160] Yes, absolutely. [36:29.160 --> 36:33.480] Have you sued the attorney personally for that? [36:33.480 --> 36:34.480] No. [36:34.480 --> 36:41.160] Oh, wait, you're in, you're in, no, no, don't do that, you can write a bar agreement against [36:41.160 --> 36:43.400] you any time you want to, so... [36:43.400 --> 36:49.600] But since you have a petition for declaratory judgment asking the judge to rule on whether [36:49.600 --> 36:58.120] or not he's required to, then it's no time to take any action toward trying to get it [36:58.120 --> 37:00.680] until you've had a ruling. [37:00.680 --> 37:05.960] Once you get a ruling, if you get a ruling in your favor, then now you can go back and [37:05.960 --> 37:09.240] sue him for it. [37:09.240 --> 37:13.080] But I can file the bar grievance right now while I'm... [37:13.080 --> 37:17.200] Yeah, you can file a bar grievance any time. [37:17.200 --> 37:22.560] Yeah, and then sue him later if the ruling is in my favor. [37:22.560 --> 37:23.560] Yes. [37:23.560 --> 37:27.200] He's going to be pissed off that I file a bar grievance while we're going to court, but [37:27.200 --> 37:28.200] that's okay. [37:28.200 --> 37:29.200] Good. [37:29.200 --> 37:30.200] That's the idea. [37:30.200 --> 37:35.480] The more upset he is, the more likely he is to do something stupid. [37:35.480 --> 37:41.720] Okay, well, I'll write a bar grievance out in the next few days and get it sent off before [37:41.720 --> 37:45.720] it gets there before the hearing on July 10th. [37:45.720 --> 37:48.480] Okay, good. [37:48.480 --> 37:51.520] You want him really annoyed? [37:51.520 --> 37:54.520] He will be. [37:54.520 --> 37:59.400] I think the police call it agitated. [37:59.400 --> 38:03.400] Maybe you'll get him to say something stupid in court, something you can bar grieve him [38:03.400 --> 38:04.400] again for. [38:04.400 --> 38:11.400] Oh, you'd love it if he did that, and I filed a bar grievance. [38:11.400 --> 38:13.400] That would be so nice. [38:13.400 --> 38:15.520] Well, I'll keep people... [38:15.520 --> 38:16.520] Anything else, Tina? [38:16.520 --> 38:17.520] Can we go to someone else? [38:17.520 --> 38:18.520] I don't know. [38:18.520 --> 38:19.520] That's it for right now. [38:19.520 --> 38:20.520] Okay. [38:20.520 --> 38:21.520] Thank you, Tina. [38:21.520 --> 38:24.520] Now we're going to go to Danny in Tennessee. [38:24.520 --> 38:26.200] Hello, Danny. [38:26.200 --> 38:29.200] What do you have for us today? [38:29.200 --> 38:33.240] Are you hearing me okay? [38:33.240 --> 38:35.240] I can hear you fine. [38:35.240 --> 38:36.240] Okay. [38:36.240 --> 38:41.440] Well, I got a little question for you, institution of prosecution. [38:41.440 --> 38:45.240] At what point does that start and when... [38:45.240 --> 38:52.720] When a magistrate makes a determination of probable cause? [38:52.720 --> 39:00.000] Speaking to that in Tennessee, I talked to the general sessions judge here in Weaker [39:00.000 --> 39:10.240] County, and he told me that the law changed and the only magistrates in Tennessee are [39:10.240 --> 39:12.240] general sessions judges. [39:12.240 --> 39:20.560] Well, I just read the code, and that is not true. [39:20.560 --> 39:27.360] Just like every other state, all judges are magistrates, all the way up to the justices [39:27.360 --> 39:29.360] of the state Supreme Court. [39:29.360 --> 39:37.600] I was a little disappointed to find out that, but I am... [39:37.600 --> 39:45.360] So far, most of the county here has done really well and followed law, and then I went to [39:45.360 --> 39:51.920] the prosecutor to find out what he was doing with the two verified criminal affidavits [39:51.920 --> 39:54.040] I had filed with his office. [39:54.040 --> 39:59.320] And when I went to his office, he was sitting right by the door. [39:59.320 --> 40:00.320] So that was convenient. [40:00.320 --> 40:01.320] I didn't... [40:01.320 --> 40:07.520] He didn't get an opportunity to have his secretary telling me that he wasn't there. [40:07.520 --> 40:14.000] And while I was talking to him, a detective came in and sat on the other side of the room, [40:14.000 --> 40:19.600] and boy, this guy was an arrogant little snot. [40:19.600 --> 40:23.560] And generally, I can handle that pretty well. [40:23.560 --> 40:30.520] He asked me and told him that I had some criminal complaints against one of his sheriff's [40:30.520 --> 40:32.520] deputies for aggravated assault. [40:32.520 --> 40:33.520] Well, what did he do? [40:33.520 --> 40:35.520] He put his hands on me. [40:35.520 --> 40:39.160] Well, why did he put his hands on you? [40:39.160 --> 40:42.520] Keep me from going into a courtroom. [40:42.520 --> 40:43.520] He said, did he hurt you? [40:43.520 --> 40:45.960] I said, no, he didn't. [40:45.960 --> 40:52.280] And I had made a comment about them not going to a grand jury. [40:52.280 --> 40:57.320] He said, well, if I had received them, I wouldn't have done anything with them. [40:57.320 --> 40:58.320] I'm sorry. [40:58.320 --> 41:03.120] First, he asked me who it was, and I told him it was Captain McDade. [41:03.120 --> 41:07.880] He said, well, I know Captain McDade, and he's a real professional officer. [41:07.880 --> 41:11.120] Well, why would he put his hands on you? [41:11.120 --> 41:17.400] I said, well, well, I kind of alluded to the fact that he might possibly be a jackbooted [41:17.400 --> 41:20.080] thug. [41:20.080 --> 41:21.560] You called him a jackbooted thug. [41:21.560 --> 41:27.800] Not exactly, but I kind of sort of compared him to a jackbooted thug. [41:27.800 --> 41:32.400] He said, well, I don't blame you for putting his hands on you. [41:32.400 --> 41:35.960] He said, what? [41:35.960 --> 41:41.240] I'm standing in the door of the district attorney's office. [41:41.240 --> 41:46.040] And while he was saying that to me, I was looking across at the courthouse and on the [41:46.040 --> 41:58.480] corner of the courthouse yard there, there is a memorial to the county's war dead. [41:58.480 --> 42:04.520] And I thought about telling the prosecutor that he should go across there and look at [42:04.520 --> 42:13.840] that memorial, look at the Vietnam section, and look at the very last name on that section. [42:13.840 --> 42:19.920] He would find that name very similar to mine. [42:19.920 --> 42:24.320] And that's because that was my twin brother. [42:24.320 --> 42:32.160] And I got, the government gave me the opportunity to hold his hand while he died of green green [42:32.160 --> 42:33.160] hormones. [42:33.160 --> 42:34.680] He got fighting for the rights. [42:34.680 --> 42:39.200] You just decided to flush down the toilet. [42:39.200 --> 42:42.680] We'll see how that works out for you. [42:42.680 --> 42:48.600] And then I went to the next meeting, the next hearing at the jail by the general sessions [42:48.600 --> 42:55.480] judge and asked him to give those complaints I had given to him to the prosecuting attorney. [42:55.480 --> 42:58.880] And he said, well, Mr. Colton, I thought you said you were going to back up on those. [42:58.880 --> 43:03.800] Well, I was until I talked to your prosecutor. [43:03.800 --> 43:07.880] And I was very unhappy. [43:07.880 --> 43:14.840] And he assured me that if he received these complaints, he would do nothing with them. [43:14.840 --> 43:19.800] And I assured him that I would give him that opportunity. [43:19.800 --> 43:25.960] And besides, I needed a crash dummy for the federal courts that I'll have some issues [43:25.960 --> 43:31.080] I need to bring to the federal courts, but I want to check out the federal judges first. [43:31.080 --> 43:36.440] And so I get to take your prosecutor now and throw them under the federal bus. [43:36.440 --> 43:39.280] I did enjoy telling them that. [43:39.280 --> 43:40.280] Hang on. [43:40.280 --> 43:43.960] About to go to great Randy Kelton, Deborah Stevens, rule of all radio. [43:43.960 --> 43:49.080] A call in number five, one, two, six, four, six, nineteen, eighty, four. [43:49.080 --> 44:01.080] We'll be right back. [44:01.080 --> 44:04.680] At Capital Coin and Bullion, our mission is to be your preferred shopping destination [44:04.680 --> 44:09.080] by delivering excellent customer service and outstanding value at an affordable price. [44:09.080 --> 44:12.960] We provide a wide assortment of favorite products featuring a great selection of high quality [44:12.960 --> 44:14.560] coins and precious metals. [44:14.560 --> 44:18.320] We cater to beginners in coin collecting as well as large transactions for investors. [44:18.320 --> 44:23.160] We believe in educating our customers with resources from top accredited metal feelers [44:23.160 --> 44:24.160] and journalists. [44:24.160 --> 44:27.120] If we don't have what you're looking for, we can find it. [44:27.120 --> 44:31.400] In addition, we carry popular young Jebedee products such as Beyond Tangy Tangerine and [44:31.400 --> 44:32.400] Pollen Burst. [44:32.400 --> 44:37.240] We also offer one-world-way mountain house storeable foods, Berkey water products, ammunition [44:37.240 --> 44:39.440] at 10 percent above wholesale, and more. [44:39.440 --> 44:43.360] We broker metals IRA accounts, and we also accept big coins as payment. [44:43.360 --> 44:46.360] Call us at 512-646-644-0. [44:46.360 --> 44:51.320] We're located at 7304 Burnett Road, Suite A, about a half mile south of Anderson. [44:51.320 --> 44:54.480] We're open Monday through Friday, 10 to 6, Saturdays, 10 to 2. [44:54.480 --> 45:01.200] Visit us at CapitalCoinandBullion.com or call 512-646-644-0. [45:01.200 --> 45:04.400] Are you the plaintiff or defendant in a lawsuit? [45:04.400 --> 45:11.160] In your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course [45:11.160 --> 45:14.160] that will show you how in 24 hours, step-by-step. [45:14.160 --> 45:18.960] If you have a lawyer, know what your lawyer should be doing. [45:18.960 --> 45:23.040] If you don't have a lawyer, know what you should do for yourself. [45:23.040 --> 45:28.000] Thousands have won with our step-by-step course, and now you can too. [45:28.000 --> 45:33.880] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [45:33.880 --> 45:38.880] Even if you're not in a lawsuit, you can learn what everyone should understand [45:38.880 --> 45:42.880] about the principles and practices that control our American courts. [45:42.880 --> 45:49.880] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [45:49.880 --> 45:51.880] prosay tactics, and much more. [45:51.880 --> 46:14.880] Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ. [46:14.880 --> 46:21.880] If you did not have any problems, wait on a book for one. [46:21.880 --> 46:26.880] If you could not wait any back too long, it would your purpose as to die. [46:26.880 --> 46:32.880] So I just count down on the soldier or worry your heart's locked, scuffle, and they keep the beat. [46:32.880 --> 46:37.880] All they're taking is their misunderstanding, and somebody calls the police. [46:37.880 --> 46:43.880] Watch in the spotlight. [46:43.880 --> 46:48.880] Watch in the spotlight. [46:48.880 --> 46:54.880] Watch in the spotlight. [46:54.880 --> 47:03.880] Watch in the spotlight. [47:03.880 --> 47:05.880] Okay, we are back. [47:05.880 --> 47:10.880] Randy Kelton, Deborah Stevens of Rule of Law Radio, and we're talking to Danny in Tennessee. [47:10.880 --> 47:16.880] Yeah, I'm going to work over this prosecutor and see if I can't soften up State of Tennessee, [47:16.880 --> 47:25.880] but I told the judges that I wanted to sue the SEC, and I am planning to do that. [47:25.880 --> 47:30.880] I sent a couple of requests. [47:30.880 --> 47:35.880] They have an information line where you can email or mask it for information. [47:35.880 --> 47:40.880] I sent in some request to clarify some code. [47:40.880 --> 47:53.880] A specific statute, a subparagraph, right at the end of a paragraph, the code referred to this section. [47:53.880 --> 47:58.880] And I asked him specifically, what does this section refer to? [47:58.880 --> 48:06.880] Does it refer to this sentence, this paragraph, this chapter, this section, this title? [48:06.880 --> 48:08.880] It's unclear from the code. [48:08.880 --> 48:18.880] And a lawyer from the SEC sent me a response saying that the SEC does not give legal advice that I could secure counsel. [48:18.880 --> 48:28.880] And I sent them back a response saying that I am creating this questionnaire from the code so that people will be able to comply with the code. [48:28.880 --> 48:36.880] But where the code is so poorly written that a reasonable person of ordinary prudence cannot read and understand the code, [48:36.880 --> 48:50.880] then the code as written at the Code of Federal Regulations as written to enforce the Securities Act is unconstitutional. [48:50.880 --> 48:54.880] And I'm prepared to take action to get that addressed. [48:54.880 --> 48:59.880] Well, it was intended that they should take this as a tort letter. [48:59.880 --> 49:02.880] And apparently they did. [49:02.880 --> 49:10.880] Two days later, I got a rather extensive explanation of that section. [49:10.880 --> 49:20.880] And I took that as a really good sign because you know what this lawyer did when she got my response. [49:20.880 --> 49:25.880] She said, oops, I need to show this to my boss. [49:25.880 --> 49:35.880] And she took it and showed it to her boss and her boss said, this chump's about to drag us into the federal court and we do not want to go into the federal court [49:35.880 --> 49:43.880] and try to defend our code of federal regulations before a federal court. [49:43.880 --> 49:47.880] So you go in there and answer this guy. [49:47.880 --> 49:55.880] That tells me that they are politically sensitive, which I was relatively sure they would be anyway. [49:55.880 --> 50:01.880] Because over the last couple of years, the SEC's got hammered pretty bad. [50:01.880 --> 50:09.880] The SEC is really just trying to protect the ordinary consumer from some outrageous fraud. [50:09.880 --> 50:20.880] And this new ICO community started out with some really outrageous fraud. [50:20.880 --> 50:25.880] And the SEC come in to try to put a stop to it, but it's new. [50:25.880 --> 50:31.880] So it's trying to figure out how to deal with it and they were a bit heavy handed. [50:31.880 --> 50:44.880] Now they're getting blowback from being heavy handed because now they're blocking off a lot of opportunity from American investors. [50:44.880 --> 50:46.880] So the investor community is not happy. [50:46.880 --> 50:48.880] The development community is not happy. [50:48.880 --> 50:51.880] The SEC is getting stepped on all over the place. [50:51.880 --> 50:57.880] They just had the federal courts, I think August of last year, [50:57.880 --> 51:10.880] to rule that the method they used for appointing SSC magistrates to hear SEC cases was unconstitutional. [51:10.880 --> 51:19.880] And they had to go back and retry a whole bunch of cases that were tried by these magistrates because the magistrates weren't properly appointed. [51:19.880 --> 51:23.880] They had to be appointed the same way any other judges. [51:23.880 --> 51:31.880] And they got a president who has been an investigator, I mean an investor all his life, [51:31.880 --> 51:37.880] and he's had to deal with the SEC and he doesn't particularly like them. [51:37.880 --> 51:46.880] And then we have a letter that Deborah sent me from signed by 15 legislators complaining to the SEC [51:46.880 --> 51:55.880] or warning them to stop defining policy by enforcement actions if they could not define their policy, the legislature would do it for them. [51:55.880 --> 52:01.880] So the SEC is kind of on the dime right now. [52:01.880 --> 52:07.880] So I want to stir up a little politics and this is what I got planned. [52:07.880 --> 52:11.880] This is so devious. [52:11.880 --> 52:13.880] I love this. [52:13.880 --> 52:39.880] The SEC has said that if you initiate a token sale and it is your intention to generate revenue to start an enterprise that will sell securities, then the token is a security. [52:39.880 --> 52:42.880] Well, maybe. [52:42.880 --> 52:49.880] My argument is, what business is that yours? [52:49.880 --> 52:53.880] A token, a utility token is a derivative. [52:53.880 --> 53:04.880] And a derivative is governed by the CFTC, the Commodities Futures Trading Commission, not by the SEC. [53:04.880 --> 53:09.880] So if someone files a token, let me explain what a token is. [53:09.880 --> 53:12.880] It's a dollar. [53:12.880 --> 53:15.880] A dollar is a token. [53:15.880 --> 53:22.880] A dollar is a green piece of paper or it's a piece of paper with some green ink on it, has no intrinsic value. [53:22.880 --> 53:27.880] But it is a representation of value. [53:27.880 --> 53:32.880] But it's less a token than a receipt is. [53:32.880 --> 53:36.880] And an ICO token is a receipt. [53:36.880 --> 53:42.880] Let's say I get an option to buy 100,000 tons of lead. [53:42.880 --> 53:44.880] But I don't have enough money to buy all this lead. [53:44.880 --> 53:50.880] So I go to these investors and say, guys, I got an option to buy all this lead and we can get it for a good discount. [53:50.880 --> 53:54.880] So I want you to throw in an invest. [53:54.880 --> 54:01.880] And their investor says, well, I don't want 10 tons of lead cost too much to move it. [54:01.880 --> 54:08.880] So, okay, you don't have to move it, just leave it where it is and I will give you this receipt for that amount of lead. [54:08.880 --> 54:10.880] And I'll store the lead for you. [54:10.880 --> 54:15.880] So anytime you want to, you can bring me this receipt and trade it for the lead. [54:15.880 --> 54:19.880] That receipt is a derivative. [54:19.880 --> 54:28.880] It derives its value from something else, a commodity or a service. [54:28.880 --> 54:31.880] Okay, we have this business. [54:31.880 --> 54:34.880] And I'm talking about the lawyer project. [54:34.880 --> 54:41.880] We're going to set up this project where we create documentation for lawyers. [54:41.880 --> 54:44.880] But we hadn't set it up yet. [54:44.880 --> 54:47.880] So we want to do some pre-sales. [54:47.880 --> 54:53.880] We want to sell you documents before we create them. [54:53.880 --> 55:01.880] And you buy those documents, you pay us a certain amount and you can take this amount and trade it for our documents. [55:01.880 --> 55:04.880] That's a derivative. [55:04.880 --> 55:09.880] The receipt we give you, if we call it a coin, we call it a token, it makes no difference what we call it. [55:09.880 --> 55:15.880] It derives its value from the service that we will provide. [55:15.880 --> 55:17.880] It has no value on its own. [55:17.880 --> 55:28.880] And if you can take that receipt and you can trade it for our services or you can do a security swap. [55:28.880 --> 55:38.880] If two people have securities and the one guy likes the one security, the other guy likes the other security, they can swap them. [55:38.880 --> 55:44.880] If they swap them even up, the FCC has no control over that. [55:44.880 --> 55:57.880] So when we get our business set up, you can use this receipt to purchase product from our service or you can trade it to somebody else or something else if you want to. [55:57.880 --> 55:58.880] That's your business. [55:58.880 --> 56:00.880] We don't care what you do with it. [56:00.880 --> 56:06.880] But whoever's got it, if they bring it to us, we will honor it for whatever amount of value. [56:06.880 --> 56:10.880] Does that make sense, Danny? [56:10.880 --> 56:13.880] Oh, there you go. [56:13.880 --> 56:16.880] Did that make sense? [56:16.880 --> 56:17.880] Yeah. [56:17.880 --> 56:24.880] Okay, so the question is, what business is this of the FCC? [56:24.880 --> 56:37.880] How does what you might possibly do with something at some point in the future have anything to do with what it is now? [56:37.880 --> 56:46.880] I'm saying this derivative is regulated by the CFTC. [56:46.880 --> 56:58.880] What is the SEC doing going into the CFTC's business and deciding that a derivative is not a derivative? [56:58.880 --> 57:01.880] That would be the place of the CFTC. [57:01.880 --> 57:08.880] If the CFTC looked at it and said, hey, guys, you're trading this as a derivative, but it's not a derivative. [57:08.880 --> 57:09.880] It's a security. [57:09.880 --> 57:10.880] You're out of here. [57:10.880 --> 57:16.880] Now the SEC would have authority, but not until. [57:16.880 --> 57:30.880] I'm going to call this preemption, file a petition for declaratory judgment, and ask the federal courts to declare that the SEC has no jurisdiction over a ICO token. [57:30.880 --> 57:41.880] Until the CFTC makes a determination that to interfere with that, they would have to petition the CFTC to make a determination. [57:41.880 --> 57:50.880] And if the CFTC determined that it wasn't a derivative but was a security now, does that make sense, Danny? [57:50.880 --> 57:51.880] Uh-huh. [57:51.880 --> 57:52.880] Yeah. [57:52.880 --> 57:57.880] You think we could get them to dance for us over that? [57:57.880 --> 58:03.880] My purpose is everybody out here is terrified of the SEC. [58:03.880 --> 58:16.880] What if some nobody, Tennessee Hillbilly, goes out and drags the SEC into the federal court and beats them up for a few months? [58:16.880 --> 58:19.880] I've demonstrated to everybody out there. [58:19.880 --> 58:21.880] These guys are vulnerable. [58:21.880 --> 58:24.880] They have to follow law just like everybody else. [58:24.880 --> 58:27.880] So you can deal with them. [58:27.880 --> 58:30.880] Let's start going after them and bring them to task. [58:30.880 --> 58:36.880] And we'll get them to fix their laws so everybody can read and understand them. [58:36.880 --> 58:37.880] Hang on. [58:37.880 --> 58:38.880] About to go to break. [58:38.880 --> 58:41.880] Randy Kelton, David Stevens, rule of all radio. [58:41.880 --> 58:45.880] Our call in number 512-646-1984. [58:45.880 --> 58:46.880] Boards are open. [58:46.880 --> 58:49.880] If you have a call or a question or comment, give us a call. [58:49.880 --> 58:57.880] The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it. [58:57.880 --> 59:05.880] Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the Scripture. [59:05.880 --> 59:08.880] Enter the recovery version. [59:08.880 --> 59:17.880] First, this new translation is extremely faithful and accurate, but the real story is the more than 9,000 explanatory footnotes. [59:17.880 --> 59:27.880] Difficult and profound passages are opened up in a marvelous way, providing an entrance into the riches of the Word beyond which you've ever experienced before. [59:27.880 --> 59:32.880] Bibles for America would like to give you a free recovery version simply for the asking. [59:32.880 --> 59:43.880] This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102 [59:43.880 --> 59:47.880] or by ordering online at freestudybible.com. [59:47.880 --> 59:52.880] That's freestudybible.com. [59:52.880 --> 01:00:00.880] You're listening to the Logos Radio Network at LogosRadioNetwork.com. [01:00:00.880 --> 01:00:08.880] The following news flash is brought to you by The Lowest Star Lowdown, providing the jelly bulletins for the commodity market, [01:00:08.880 --> 01:00:16.880] history, news updates, and the inside scoop into the tides of the alternative. [01:00:16.880 --> 01:00:25.880] Markets for Wednesday the 26th of June 2019 open with precious metals gold at $1,407.70 an ounce, silver $15.25 an ounce, [01:00:25.880 --> 01:00:32.880] copper $2.73 an ounce, platinum $108 an ounce, oil Texas crude $57.83 a barrel, [01:00:32.880 --> 01:00:39.880] and the top five cryptos in order of market cap, Bitcoin at $12,707 a coin, [01:00:39.880 --> 01:00:47.880] Ethereum $332.57 a coin, XRP Ripple $47.00 a coin, Bitcoin Cash $490.04 a coin, [01:00:47.880 --> 01:00:54.880] and Litecoins at $135.40 a crypto coin. [01:00:54.880 --> 01:01:01.880] Today in history the year 1870 the Roman Catholic holiday of Christmas is declared a federal holiday in the United States. [01:01:01.880 --> 01:01:06.880] Today in history. [01:01:06.880 --> 01:01:11.880] In recent news, Representative Michael Burgess, Republican from the 26th Texas Congressional District, [01:01:11.880 --> 01:01:17.880] centering in Denton County, defended the controversial conditions in which the facilities being used to house child immigrants [01:01:17.880 --> 01:01:21.880] are supposedly found in on MSNBC earlier this week. [01:01:21.880 --> 01:01:27.880] The lawmaker stated, quote, I've been to Casa Padre in Brownsville, Texas, and yes, it's a restored Walmart. [01:01:27.880 --> 01:01:33.880] And you know what? There's not a lock on the door. Any child is free to leave at any time, but they don't. [01:01:33.880 --> 01:01:39.880] You know why? Because they are well taken care of, and that they are, quote, free to leave at any time. [01:01:39.880 --> 01:01:44.880] Apparently children must leave the facility with a parent or guardian who has passed a background check [01:01:44.880 --> 01:01:52.880] if they wish to stay in the United States, but the child is free to leave by themselves if they return to where they came from. [01:01:52.880 --> 01:01:57.880] General Motors Company is planning on investing $20 million at its Arlington Assembly plant in order to fit it [01:01:57.880 --> 01:02:00.880] to build the next generation of GM's full-size SUVs. [01:02:00.880 --> 01:02:05.880] General Johnson, GM Executive Vice President of Global Manufacturing, stated that, quote, [01:02:05.880 --> 01:02:10.880] we've been building trucks in Texas for more than 20 years, and our additional investment in Arlington Assembly [01:02:10.880 --> 01:02:13.880] is proof of our commitment and confidence in our Arlington team. [01:02:13.880 --> 01:02:18.880] The automaker built the Chevrolet Tahoe and Suburban, the GMC Yukon and Yukon XL, [01:02:18.880 --> 01:02:22.880] and the catalog escalated at the 250-acre Arlington plant. [01:02:26.880 --> 01:02:31.880] Findings in a report released by the insurance company Allstate looked into collision claims across the U.S. [01:02:31.880 --> 01:02:38.880] Two Texas cities made the list of safest cities to drive in, with Laredo at number five and McAllen at number nine. [01:02:38.880 --> 01:02:40.880] So let's keep driving safe, Texas. [01:02:40.880 --> 01:02:49.880] The blowdown is for looking for sponsors. You have a client or a service expert to advertise with us, feel free to shoot me an e-mail at rickrody.com [01:02:49.880 --> 01:03:11.880] This was the lowdown for June 26, 2019. [01:03:19.880 --> 01:03:41.880] Okay, we are back. Randy Kelton, Debra Stevens, Rue de la Radio, and we're talking to Danny in Tennessee. [01:03:41.880 --> 01:04:02.880] Okay, anyway, I'm looking at a way to raise a legal argument that will give everybody the idea that these guys are not above being drug into court. [01:04:02.880 --> 01:04:15.880] So back to Danny. Danny, I kind of used you there. It was a subject I wanted to talk about anyway. Do you feel used and abused? [01:04:15.880 --> 01:04:20.880] Well, I'm starting to. [01:04:20.880 --> 01:04:28.880] Okay. Okay, you asked how, when does a prosecution commence? [01:04:28.880 --> 01:04:34.880] Yeah, because there is a motion for defect in the institution of prosecution. [01:04:34.880 --> 01:05:02.880] And I put one in my case, and my points were that it wasn't reasonable to think that the grand jurors were fully informed us to the meaning of the words that they were being told about my case that if they'd actually known the meaning, they wouldn't have done an indictment on it. [01:05:02.880 --> 01:05:18.880] And the prosecutor response, he touches nothing about what I brought up. He just goes back to, like, the stop and all the reasons for the stop, you know, and how it was all right to do the stop. [01:05:18.880 --> 01:05:27.880] Did you ask for declaratory judgment? Not declaratory, but for default judgment? [01:05:27.880 --> 01:05:34.880] Well, not yet. That's where I'm working on. Oh, okay. He didn't address the issue, so he's defaulted. [01:05:34.880 --> 01:05:50.880] Right. You raised the issue. He didn't oppose it. So it's an issue in an active pleading on opposed. So he's given judicial admission. [01:05:50.880 --> 01:06:05.880] Yes. That was my idea. So but everything he does is before the magistrate, they didn't talk about getting to the magistrate or anything. [01:06:05.880 --> 01:06:17.880] They don't want to go there because nobody does it. There has to be a determination of probable cause. Well, actually, they do do it here in Wheaton County. [01:06:17.880 --> 01:06:30.880] They take them, but they take them before a magistrate and the person talks to the magistrate, but I don't know that the magistrate actually issues a determination of probable cause. [01:06:30.880 --> 01:06:37.880] No, no, that to the preliminary hearing, which is... [01:06:37.880 --> 01:06:43.880] Wait, you said that till the preliminary hearing. That's the first thing that should happen. [01:06:43.880 --> 01:06:56.880] Well, yeah, it does seem like it, but all they do there is that the initial is, you know, recite some rights and set the amount for bond or bail. [01:06:56.880 --> 01:07:07.880] Well, at a preliminary hearing, as with any hearing, you have rights. First is to be advised nature and cause. [01:07:07.880 --> 01:07:21.880] And the intent and purpose of a preliminary hearing is to give the accused opportunity to introduce exculpatory evidence onto the record. [01:07:21.880 --> 01:07:36.880] They don't give that opportunity, so it is not a preliminary hearing. If it is a preliminary hearing, then they have denied them in due process. [01:07:36.880 --> 01:07:51.880] Well, it's supposedly an opportunity to ask questions and things, but don't seem to pay much attention to what the law actually is compared to what they like it to be. [01:07:51.880 --> 01:07:56.880] I understand that, and that is a hard issue. [01:07:56.880 --> 01:08:10.880] And even have a judge here who actually wants to do it right, and he does bring people up and gives them opportunity to talk. [01:08:10.880 --> 01:08:21.880] But most of them don't want to. Most of them, the vast majority of the people he sees are people he sees on a regular basis. [01:08:21.880 --> 01:08:33.880] Here, this is a small county, and he almost everybody brought before him, he already knew them because they've been in front of him so many times. [01:08:33.880 --> 01:08:40.880] So I understand how the judges tend to get somewhat jaded. [01:08:40.880 --> 01:08:50.880] And my argument to the judge was is this hearing is song and dance and seltzer down your pants. [01:08:50.880 --> 01:08:59.880] It's a show. It should be held as a demonstration to those people who almost never get in any kind of trouble. [01:08:59.880 --> 01:09:12.880] And it's their first time before the court, it's a demonstration to them that the courts are fair and they will be treated with dignity and respect and their rights protected. [01:09:12.880 --> 01:09:24.880] This is your opportunity to demonstrate to the ordinary individual if they can trust the courts. But this is the place that the courts don't consider to be very important. [01:09:24.880 --> 01:09:33.880] So they just want to get this over with and get to collecting the money so they dispense with all this. [01:09:33.880 --> 01:09:44.880] And now the court winds up in a position where the public is asking for laws that further bind the police. [01:09:44.880 --> 01:09:49.880] The police should stop whining about this because they create this problem. [01:09:49.880 --> 01:09:55.880] When you cause the public not to trust you, they're going to tie your hands. [01:09:55.880 --> 01:10:03.880] And now they whine and cry because they can't do anything you want to. So try to convince these guys. [01:10:03.880 --> 01:10:11.880] Go back to what the law says you're supposed to do. Stop thinking you're smarter than our legislators. [01:10:11.880 --> 01:10:16.880] Stop thinking that you know better how to streamline this process than they do. [01:10:16.880 --> 01:10:21.880] You think they couldn't streamline this process 100 years ago? [01:10:21.880 --> 01:10:29.880] They could do the same things. But they didn't because they knew it was a bad idea. [01:10:29.880 --> 01:10:39.880] And I'm trying to convince them it's a bad idea now. Anyway, I'm getting on my soapbox again. [01:10:39.880 --> 01:10:42.880] You there, Danny? [01:10:42.880 --> 01:10:44.880] Yeah, I hope so. [01:10:44.880 --> 01:10:48.880] Okay, was that your only question? [01:10:48.880 --> 01:10:58.880] Well, I guess that'll do for now. I got to get back to doing some paperwork and stuff. [01:10:58.880 --> 01:11:04.880] Because I'm not really saying anything relevant to me. [01:11:04.880 --> 01:11:15.880] I think somehow I have some reason to think the institution of the prosecution is at the additional investigation. [01:11:15.880 --> 01:11:32.880] And go back to legal, I mean, jurisimprudence.website and get that habeas corpus top frog on the left. [01:11:32.880 --> 01:11:38.880] And go through that. Now, it's written on Texas law, but it follows the federal law. [01:11:38.880 --> 01:11:48.880] Primarily it follows Gerstein Pew and the city of Riverside v. McLaughlin. [01:11:48.880 --> 01:11:53.880] These determine the right that you have. [01:11:53.880 --> 01:11:59.880] And they say you have a right to a preliminary hearing for determination, a probable cause. [01:11:59.880 --> 01:12:11.880] The only way to make a determination a probable cause is to introduce evidence and give opposing party opportunity to challenge the evidence and inter-exculpatory evidence. [01:12:11.880 --> 01:12:17.880] Failure to do that denies due process. [01:12:17.880 --> 01:12:23.880] So we go after them for that. If they didn't do that, they didn't do that first thing. [01:12:23.880 --> 01:12:30.880] So you should get a subject matter jurisdiction challenge. Have you filed one in your case? [01:12:30.880 --> 01:12:43.880] Well, some of their equivalent to that. Another thing that I got in is a defect in the indictment because it fails to charge an offense. [01:12:43.880 --> 01:12:51.880] So that's the only thing they have to do with that is to dismiss if they grant it. [01:12:51.880 --> 01:12:57.880] Okay, have you got to that yet? Where are you at in the process? [01:12:57.880 --> 01:13:03.880] No, I'm answering the prosecutor's response. [01:13:03.880 --> 01:13:05.880] Response to what? [01:13:05.880 --> 01:13:11.880] Response now replied to the response. [01:13:11.880 --> 01:13:16.880] Okay, response to what? [01:13:16.880 --> 01:13:21.880] Okay, he did a response to the motion and I do a report. [01:13:21.880 --> 01:13:28.880] Andy, you're being cryptic. Is there a reason you're being cryptic? [01:13:28.880 --> 01:13:30.880] A motion. [01:13:30.880 --> 01:13:33.880] Question in. [01:13:33.880 --> 01:13:39.880] I'm trying to understand what's going on in your, okay. [01:13:39.880 --> 01:13:40.880] Can't put it. [01:13:40.880 --> 01:13:45.880] You filed a motion for what? [01:13:45.880 --> 01:13:51.880] Alleging a defect in the indictment. [01:13:51.880 --> 01:13:55.880] So that's a motion to strike. [01:13:55.880 --> 01:14:02.880] A motion to strike or set aside. A motion to set aside the indictment for a defect. [01:14:02.880 --> 01:14:08.880] And he didn't oppose the motion. [01:14:08.880 --> 01:14:13.880] Well, he has a response, but it's not, you know, much of anything. [01:14:13.880 --> 01:14:20.880] Yeah, let's say it this way. He answered, but his answer was non responsive. [01:14:20.880 --> 01:14:23.880] Right. [01:14:23.880 --> 01:14:31.880] So that's it. Absolutely get a motion for summary judgment. [01:14:31.880 --> 01:14:33.880] Yeah. [01:14:33.880 --> 01:14:37.880] Because he raised no objection to the argument you brought. [01:14:37.880 --> 01:14:39.880] He argued things that were irrelevant. [01:14:39.880 --> 01:14:48.880] You know, there's a company K I K that just recently dared the SEC to sue them. [01:14:48.880 --> 01:14:54.880] They claimed they were using Cooley, one of the largest law firms on the planet. [01:14:54.880 --> 01:15:01.880] And they had paid them $5 million to throw them under the bus. [01:15:01.880 --> 01:15:09.880] And they dared the SEC to sue them and the SEC was very accommodating and they sued them. [01:15:09.880 --> 01:15:17.880] And then I read the answer these $5 million lawyers filed. [01:15:17.880 --> 01:15:21.880] It had a lot of really cool stuff in there. [01:15:21.880 --> 01:15:26.880] And it sounded like a promotion for their product. [01:15:26.880 --> 01:15:40.880] The accusation the SEC made was that when the kick president promoted this token, [01:15:40.880 --> 01:15:48.880] he called it a security and he told his potential buyers that it was a security. [01:15:48.880 --> 01:15:55.880] Well, when it comes to what is a security, according to the SEC, [01:15:55.880 --> 01:15:59.880] if you call it a security, it is a security. [01:15:59.880 --> 01:16:07.880] The absolute worst thing you can possibly do is call something a security. [01:16:07.880 --> 01:16:12.880] They got $5 million lawyers and they called it a security. [01:16:12.880 --> 01:16:16.880] In the answer, the rather extensive answer these lawyers filed, [01:16:16.880 --> 01:16:26.880] they did not say one word about calling this a security, about whether or not this was a security. [01:16:26.880 --> 01:16:34.880] So irrelevant, you know, objection relevance, objection relevance on everything. [01:16:34.880 --> 01:16:38.880] So your small case is not the only one they do that in. [01:16:38.880 --> 01:16:40.880] This is outrageous. [01:16:40.880 --> 01:16:48.880] So good shot at not default judgment, summary judgment. [01:16:48.880 --> 01:16:50.880] Hang on about to go to break. [01:16:50.880 --> 01:16:56.880] Randy Kelton, Debbie Stevens, Willow Law Radio are calling number 512-646-1984. [01:16:56.880 --> 01:16:59.880] We'll be right back. 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[01:18:17.880 --> 01:18:19.880] Really? Oh, that's an actual apple. [01:18:19.880 --> 01:18:21.880] Hmm, yummy apple. [01:18:21.880 --> 01:18:25.880] I'm going to throw away these yucky cookies in the trash. [01:18:25.880 --> 01:18:32.880] I click control, shift, delete, and then scroll down to cookies and clear them. [01:18:32.880 --> 01:18:33.880] Bye-bye, yucky cookies. [01:18:33.880 --> 01:18:40.880] Now, I go to logosradionetwork.com and I click on the Amazon box on the upper right-hand side, [01:18:40.880 --> 01:18:46.880] bookmark the link, and I can go to Amazon through this link and order you some yummy new cookie. [01:18:46.880 --> 01:18:48.880] New cookies? Or me? [01:18:48.880 --> 01:18:50.880] Consider it an early Christmas present. [01:18:50.880 --> 01:18:56.880] And every time I order on Amazon, I go through this link and I give a little present to this radio network too. [01:18:56.880 --> 01:18:57.880] These are cookies. [01:18:57.880 --> 01:18:59.880] These are classified. [01:18:59.880 --> 01:19:08.880] This is the logos, logos, radio, net, radio, net, radio. [01:19:08.880 --> 01:19:21.880] I ain't gonna blind me, don't bore me [01:19:21.880 --> 01:19:35.880] Well, I ain't gonna fool me with that same old trick again [01:19:35.880 --> 01:19:40.880] I was blindsided, but now I can see your glance [01:19:40.880 --> 01:19:45.880] You put the fear in my pocket, took the money from my hand [01:19:45.880 --> 01:19:54.880] Ain't gonna fool me with that same old trick again [01:19:54.880 --> 01:20:10.880] I ain't gonna fool me with that same old trick again [01:20:10.880 --> 01:20:38.880] I ain't gonna drive me with that same old trick again [01:20:38.880 --> 01:21:06.880] I ain't gonna drive me with that same old trick again [01:21:06.880 --> 01:21:35.880] I ain't gonna drive me with that same old trick again [01:21:35.880 --> 01:21:44.880] But it don't matter, and if you don't know, if he can suck you in to his nonsense arguments [01:21:44.880 --> 01:21:53.880] and get you to miss the point that he didn't address your argument, then he gets to beat you [01:21:53.880 --> 01:22:03.880] The only thing before this court with this motion is, is the charging instrument sufficient? [01:22:03.880 --> 01:22:12.880] You alleged it wasn't, your allegation is to be taken as true until it's proved otherwise [01:22:12.880 --> 01:22:21.880] He failed to prove it otherwise, he chose not to even address it, so this is perfect for summary judgment [01:22:21.880 --> 01:22:25.880] And it's too late, it's too late for him to come back and fix it [01:22:25.880 --> 01:22:35.880] If he tries to say anything in argument against it, subsequent to this, you object, he is collaboratively a stop to that opportunity [01:22:35.880 --> 01:22:41.880] to make this argument chose not to [01:22:41.880 --> 01:22:46.880] Are you loaded? [01:22:46.880 --> 01:22:47.880] Say what? [01:22:47.880 --> 01:22:50.880] Say, are you locked and loaded? [01:22:50.880 --> 01:22:53.880] Yeah, I'm playing about right here [01:22:53.880 --> 01:22:56.880] Okay, good, you have anything else for us? [01:22:56.880 --> 01:23:01.880] No, that's good for now, might have something else by tomorrow [01:23:01.880 --> 01:23:10.880] Okay, thank you, we may have more callers tomorrow because the debates will be over and everybody want to call in and talk about the debates [01:23:10.880 --> 01:23:12.880] Okay, thank you Danny [01:23:12.880 --> 01:23:18.880] Now we're going to Livia in North Carolina, hello Livia [01:23:18.880 --> 01:23:21.880] Hi Randy, how are you? [01:23:21.880 --> 01:23:24.880] How is your case going? [01:23:24.880 --> 01:23:31.880] You know, I wanted to just put it to bed and it didn't go the way I think you were right [01:23:31.880 --> 01:23:39.880] So I filed a motion to dismiss the case on Monday, they must have gotten the mail on Tuesday [01:23:39.880 --> 01:23:53.880] And on Wednesday, they filed a motion for permanent mandatory injunction for exactly what you said they would do, which is asking to have a driveway removed from encroaching on a property [01:23:53.880 --> 01:24:11.880] If you remember, they have installed a chain defense that is specifically violating the due restrictions in a neighborhood and they're going to just drop the case against that but now they are going forward with [01:24:11.880 --> 01:24:15.880] Okay, how long has this driveway been in place? [01:24:15.880 --> 01:24:19.880] Since 1996 [01:24:19.880 --> 01:24:28.880] Did you just file an opposition based on adverse possession? [01:24:28.880 --> 01:24:40.880] I know but that's what we already had, we had a motion for summary judgment where I asked for adverse possession and a judge, the judge, he found that, I can read it to you, the judge he found that plaintiffs did not [01:24:40.880 --> 01:24:55.880] Well, the judge actually basically ruled that the defendant continues to own and have all rights related to the real property without limitation that the defendants, you know, own the property and that we do not adversely possess it [01:24:55.880 --> 01:25:13.880] All of the judge ruled but now the attorney is saying, he's saying that we, because they have the right, they have the right to ask us to remove the driveway, which the judge never ruled on it [01:25:13.880 --> 01:25:26.880] All he said was that he's not keep everything the same so that the defendants continue on the property and we are basically, you know, so typically encroaching on it since 1986 since the house was built by the builders [01:25:26.880 --> 01:25:43.880] Now he's asking, they're asking for a motion for permanent mandatory injunction, asking us to, to A, the plaintiffs be ordered to remove all encroachments from the defendant's real property including the driveway end [01:25:43.880 --> 01:26:00.880] Hold on, judge has already ruled, you should raise an opposition as this is restored to Cata, that it goes in opposition to the ruling that's already before the court, that the court has already made [01:26:00.880 --> 01:26:09.880] And make sure you move for sanctions against him, and bar grieve him again, have you bar grieved him lately? [01:26:09.880 --> 01:26:18.880] No, I'm pregnant this way. You need to bar grieve him again just for yucks. Didn't they all cancel his law firm's malpractice insurance? [01:26:18.880 --> 01:26:29.880] You know what, okay, let me ask you, I'll tell you this, I barred in the second time and I got a notice from the bar association saying, since this is the same case, they're just going to add it to the same case [01:26:29.880 --> 01:26:35.880] But it's not going to be like a new filing, they're just going to keep it the same as this thing, so it's not going to be a precedent [01:26:35.880 --> 01:26:41.880] Okay, you don't care what the bar does, you care what the insurance company does [01:26:41.880 --> 01:26:46.880] And does the insurance company know it's the bar that keeps it as one case, just adding onto it? [01:26:46.880 --> 01:27:01.880] No, no, no, no, each claim, you got an insurance agent there whose job it is to charge his client as much money as possible and avoid all claims [01:27:01.880 --> 01:27:10.880] So the agent is looking for something he can hammer the lawyer with, he don't care what the bar says [01:27:10.880 --> 01:27:18.880] You get, he got three separate bar complaints for three separate incidents [01:27:18.880 --> 01:27:24.880] The bar wants to group them all together, the insurance guy, he's not going to care what the bar is going to do [01:27:24.880 --> 01:27:31.880] Because he knows the bar is going to try to just trash everything, he don't care, he will use it against him [01:27:31.880 --> 01:27:40.880] Anyway, don't let the bar pull this garbage tactic and win, you should file a complaint with the legislature against the bar [01:27:40.880 --> 01:27:47.880] You know, the bar, one of the lawyers said, can I talk to you? And I said, I would prefer if you send me all the questions on an email [01:27:47.880 --> 01:27:54.880] And then he asked me again, can I talk to you while I have time to lie? I said, just same thing, he didn't send me any questions email and they didn't [01:27:54.880 --> 01:27:58.880] They just wanted to talk to me, I'm not sure why the bar would want to talk to me [01:27:58.880 --> 01:28:09.880] And I have presented the fact that, you know, he misrepresented the case as a summary judgment, one, and he also did not state specifically that the cases that he brought [01:28:09.880 --> 01:28:21.880] In front of the court were un-filed opinions, they were, what's the word, they were just un-filed opinions, they were not official [01:28:21.880 --> 01:28:24.880] And I'm forgetting the rubbish because I haven't looked at it for a while, but [01:28:24.880 --> 01:28:30.880] Wait a minute, wait a minute, I'm getting a little distortion and you're talking much faster than I can listen [01:28:30.880 --> 01:28:31.880] Can you just slow down? [01:28:31.880 --> 01:28:41.880] Okay, let me explain a little bit, we're on radio, if I was sitting in front of you I could see your lips and your facial expressions and I could understand better [01:28:41.880 --> 01:28:52.880] I just talked to someone who had done a TV interview in Singapore, she's a lawyer, and she did a really great job [01:28:52.880 --> 01:29:09.880] But I told her, the next time you get on television, instead of talking like you're talking to somebody you know and are for a friend, talk as if you're speaking to someone who has recently learned the language [01:29:09.880 --> 01:29:29.880] When you talk to him, you have to slow down and enunciate more clearly, because it takes time for them to recognize what you said, put what you said into context, and then take the rest of the sentences, the words that went around it and organize them all together to make sense of it [01:29:29.880 --> 01:29:36.880] Now we can do that relatively quickly, but slower when we can't see the other person talking [01:29:36.880 --> 01:29:42.880] So imagine I barely speak a language, now let's try this again [01:29:42.880 --> 01:29:47.880] Okay, I'm hearing the music already [01:29:47.880 --> 01:29:59.880] Oh, and I was about to dive off the cliff and I was supposed to talk about fundraiser, when we come back I want to talk about the fundraiser real quickly, we'll be right back [01:29:59.880 --> 01:30:07.880] It seems like everywhere you turn nowadays, someone wants your name, social security number and date of birth, but you should think twice before giving away your personal data [01:30:07.880 --> 01:30:11.880] I'm Dr. Catherine Albrecht and I'll say more in just a moment [01:30:11.880 --> 01:30:18.880] Google is watching you, recording everything you've ever searched for and creating a massive database of your personal information [01:30:18.880 --> 01:30:19.880] That's creepy [01:30:19.880 --> 01:30:21.880] But it doesn't have to be that way [01:30:21.880 --> 01:30:31.880] StartPage.com is the world's most private search engine, StartPage.com doesn't store your IP address, make a record of your searches or use tracking cookies and their third party certified [01:30:31.880 --> 01:30:38.880] If you don't like big brothers spying on you, start over with StartPage, great search results and total privacy [01:30:38.880 --> 01:30:41.880] StartPage.com, the world's most private search engine [01:30:41.880 --> 01:30:48.880] Forms, forms, forms, they're everywhere, but just because a piece of paper asks for information doesn't mean you have to give it [01:30:48.880 --> 01:30:55.880] I leave blank spaces on forms all the time, or I write N slash A for not applicable and usually nobody notices or cares [01:30:55.880 --> 01:31:02.880] I never give my social security number or date of birth unless it's absolutely mandatory for employment or a government requirement [01:31:02.880 --> 01:31:08.880] And I won't give my phone number to a company or an organization unless I actually want them to call me, and that's pretty rare [01:31:08.880 --> 01:31:13.880] To preserve our vanishing privacy, we need to practice saying no to random data requests [01:31:13.880 --> 01:31:17.880] It's like exercising a muscle, it gets easier the more you do it [01:31:17.880 --> 01:31:22.880] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com [01:31:48.880 --> 01:31:50.880] I'm not a conspiracy theorist [01:31:50.880 --> 01:31:51.880] I'm a structural engineer [01:31:51.880 --> 01:31:52.880] I'm a New York City correction officer [01:31:52.880 --> 01:31:53.880] I'm an Air Force pilot [01:31:53.880 --> 01:31:55.880] I'm a father who lost his son [01:31:55.880 --> 01:31:57.880] We're Americans, and we deserve the truth [01:31:57.880 --> 01:32:26.880] Go to RememberBuilding7.org today [01:32:27.880 --> 01:32:31.880] Dr. Reagan, conjunction with Rule of Law Radio, has put together the most comprehensive teaching tool available [01:32:31.880 --> 01:32:35.880] that will help you understand what due process is and how to hold courts to the rule of law [01:32:35.880 --> 01:32:39.880] You can get your own copy of this invaluable material by going to RuleofLawRadio.com [01:32:39.880 --> 01:32:41.880] and ordering your copy today [01:32:41.880 --> 01:32:45.880] By ordering now you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law Versus the Lie [01:32:45.880 --> 01:32:48.880] Video and audio of the original 2009 seminar [01:32:48.880 --> 01:32:51.880] Hundreds of research documents and other useful resource material [01:32:51.880 --> 01:32:55.880] Learn how to fight for your rights with the help of this material from RuleofLawRadio.com [01:32:55.880 --> 01:33:02.880] You can get your copy today, and together we can have free society we all want and deserve [01:33:02.880 --> 01:33:05.880] You are listening to the Logos Radio Network [01:33:05.880 --> 01:33:34.880] LogosRadioNetwork.com [01:33:34.880 --> 01:33:37.880] Okay, we are back. We're in Kelton, Rule of Law Radio [01:33:37.880 --> 01:33:39.880] And we wanted to say we got our fundraiser going [01:33:39.880 --> 01:33:44.880] And this year we're only asking for a dollar a month [01:33:44.880 --> 01:33:46.880] Most anybody can afford that [01:33:46.880 --> 01:33:56.880] And we have enough listeners that, you know, five bucks a pop at Starbucks for a cup of coffee [01:33:56.880 --> 01:33:59.880] A dollar a month is like almost nothing [01:33:59.880 --> 01:34:02.880] But when it adds up, we've got a lot of listeners [01:34:02.880 --> 01:34:06.880] Over the years, it will help us to keep this thing supported [01:34:06.880 --> 01:34:08.880] Deborah's struggling right now [01:34:08.880 --> 01:34:10.880] All the computers she has in the house running [01:34:10.880 --> 01:34:12.880] Drives up her air conditioning bill [01:34:12.880 --> 01:34:16.880] Electric goes crazy, especially in Austin this time of year [01:34:16.880 --> 01:34:22.880] So anything you could donate would be a great help and we'd appreciate it [01:34:22.880 --> 01:34:26.880] We are talking to Livia in North Carolina [01:34:26.880 --> 01:34:29.880] Okay, Livia [01:34:29.880 --> 01:34:32.880] It sounds like, I'm wondering what's going on here [01:34:32.880 --> 01:34:35.880] This is such a minor issue [01:34:35.880 --> 01:34:42.880] That your neighbors are paying a considerable amount to the lawyer to keep this going [01:34:42.880 --> 01:34:46.880] And now it sounds like they're just being angry [01:34:46.880 --> 01:34:48.880] Yeah, it does [01:34:48.880 --> 01:34:51.880] And to go back, I got the order here from me [01:34:51.880 --> 01:34:59.880] The judge basically said, defendants continue to own and have all rights related to set real property without limitation [01:34:59.880 --> 01:35:05.880] And that our plaintiffs have not adversely possessed any portion of the defendants' real property [01:35:05.880 --> 01:35:08.880] And hence new defendants continue to have all rights [01:35:08.880 --> 01:35:12.880] When the judge orders that the defendants continue to have all rights [01:35:12.880 --> 01:35:18.880] He's not ordering us to remove the encroachment that's been there since 1996 [01:35:18.880 --> 01:35:20.880] So before we removed here [01:35:20.880 --> 01:35:26.880] And they're saying that because the judge said that they have full rights [01:35:26.880 --> 01:35:32.880] That they have full right to take possession of the property that you're on [01:35:32.880 --> 01:35:35.880] Right, here's point number 8, with his design here [01:35:35.880 --> 01:35:42.880] He says, since the entry of judges' order, plaintiffs have failed to remove the encroaching driveway utilities [01:35:42.880 --> 01:35:46.880] Now the judge never ordered to remove it, he just said everything remains as is [01:35:46.880 --> 01:35:50.880] The defendants continue to own and we don't adversely possess it [01:35:50.880 --> 01:35:56.880] He cannot rule on it, he actually specifically said he cannot rule on it and he's not going to [01:35:56.880 --> 01:36:00.880] He's just completely the same, but the lawyer's taking it step further [01:36:00.880 --> 01:36:06.880] And now he's asking for motion for permanent mandatory injunction [01:36:06.880 --> 01:36:16.880] Try asking for sanctions against the lawyer for churning this case for making frivolous arguments [01:36:16.880 --> 01:36:23.880] It's awesome, it didn't work, judge ruled against me [01:36:23.880 --> 01:36:28.880] Do I have to respond to this within 30 days, motion for permanent mandatory injunction? [01:36:28.880 --> 01:36:35.880] Yes, yes, you always have to respond, never let one get through without a response [01:36:35.880 --> 01:36:40.880] Respond that the court ordered to maintain the status quo [01:36:40.880 --> 01:36:52.880] And ask the court for sanctions against the attorney for churning the case and fomenting litigation [01:36:52.880 --> 01:36:55.880] And then Barb grieve the lawyer again [01:36:55.880 --> 01:37:03.880] And then you said opposition with rest, Judicata, because there was a summary judgment already on this and he's asking for a motion [01:37:03.880 --> 01:37:08.880] The judge ruled to maintain the status quo [01:37:08.880 --> 01:37:15.880] They had asked for a ruling to order you to move and the judge denied it [01:37:15.880 --> 01:37:22.880] So now they're asking for it again and it's rest, Judicata, and accuse him of churning the case [01:37:22.880 --> 01:37:26.880] Churning the case, that's not a legal term, right? It's just a... [01:37:26.880 --> 01:37:33.880] Well, it's a standard term in the industry when a lawyer foments litigation [01:37:33.880 --> 01:37:43.880] When he convinces his client to authorize him to file motions and pleadings that are frivolous [01:37:43.880 --> 01:37:49.880] So that he can charge more money that's churning the case [01:37:49.880 --> 01:37:50.880] Okay [01:37:50.880 --> 01:37:53.880] And this sounds like a frivolous pleading [01:37:53.880 --> 01:37:57.880] Oh, wait, wait, wait, hold on, hold on, we were supposed to bring in Tina [01:37:57.880 --> 01:38:00.880] She wanted to address the Barb grieve inside [01:38:00.880 --> 01:38:02.880] Hello, Tina [01:38:02.880 --> 01:38:05.880] Hi, Randy [01:38:05.880 --> 01:38:12.880] You remember when they stayed barred at me where they combined complaints [01:38:12.880 --> 01:38:14.880] And they were two separate complaints [01:38:14.880 --> 01:38:15.880] Yes [01:38:15.880 --> 01:38:21.880] And they also respond, but I took that part to the Supreme Court [01:38:21.880 --> 01:38:29.880] Which is still in there, but they don't have a right to combine separate complaints into one [01:38:29.880 --> 01:38:35.880] Because when they do that, they're just saying, oh, no, it's all and we can toss it because we don't like this one [01:38:35.880 --> 01:38:50.880] I think this lady should file, take a complaint to the Supreme Court of her state for misconduct of the state bar [01:38:50.880 --> 01:38:54.880] What do you think, Olivia? [01:38:54.880 --> 01:38:59.880] At the end of the day, it's all politics [01:38:59.880 --> 01:39:04.880] And they won't like it if they take it to the Supreme Court [01:39:04.880 --> 01:39:10.880] You get the lawyer having to answer to the Supreme Court? [01:39:10.880 --> 01:39:12.880] Yeah [01:39:12.880 --> 01:39:18.880] Especially with a complaint accusing him of churning a case [01:39:18.880 --> 01:39:29.880] The lawyer is not going to want to go to the Supreme Court and explain to the Supreme why he's arguing this issue [01:39:29.880 --> 01:39:35.880] That and she should take the state bar to the Supreme Court and complain about them not doing their job [01:39:35.880 --> 01:39:43.880] And just trying to combine everything into one when it's two or three or four separate issues [01:39:43.880 --> 01:39:47.880] What do you think, Olivia? [01:39:47.880 --> 01:39:56.880] You know, if you said that even though they are combining it, insurance still gets a notice for every single one [01:39:56.880 --> 01:39:59.880] That's a hundred percent right? [01:39:59.880 --> 01:40:05.880] Don't they get notified through the bar if they're combined and they don't get notified? [01:40:05.880 --> 01:40:09.880] Okay, well that's kind of important to realize what they're doing [01:40:09.880 --> 01:40:14.880] That would be kind of like doing a jointer [01:40:14.880 --> 01:40:18.880] If I have two issues that involve the same people [01:40:18.880 --> 01:40:24.880] Say I've got a property dispute [01:40:24.880 --> 01:40:28.880] And I have two different issues about that property dispute [01:40:28.880 --> 01:40:32.880] But it involves the same plaintiff and the same defendant [01:40:32.880 --> 01:40:37.880] The same property, they're going to do a jointer and bring them both together [01:40:37.880 --> 01:40:39.880] So this is kind of like that [01:40:39.880 --> 01:40:48.880] We have two complaints against the lawyer over a case that involves the same parties [01:40:48.880 --> 01:40:52.880] The same essential underlying fact set [01:40:52.880 --> 01:41:01.880] So they may just be saying, well we're going to put these together so we don't have to repeat all of the associated information [01:41:01.880 --> 01:41:07.880] That doesn't necessarily mean that the bar is not doing their job, but we don't really care [01:41:07.880 --> 01:41:11.880] Your purpose is to create politics [01:41:11.880 --> 01:41:17.880] And if the bar is still doing it right and you hammer them anyway [01:41:17.880 --> 01:41:24.880] It'll give them more reason to hammer this lawyer for causing them, for sickening you on them [01:41:24.880 --> 01:41:28.880] It's about politics [01:41:28.880 --> 01:41:32.880] Okay, so aside from that, I will do it again [01:41:32.880 --> 01:41:38.880] As it is related to your existing grievance [01:41:38.880 --> 01:41:41.880] And your grievance will not be opened [01:41:41.880 --> 01:41:48.880] It's not related to grievance, separate claims for the same case [01:41:48.880 --> 01:41:54.880] They may be doing it right and they may not [01:41:54.880 --> 01:42:00.880] So you assume that they're not doing it right [01:42:00.880 --> 01:42:07.880] I once accused a police officer who stopped me next to my house because I was doing some plastic welding [01:42:07.880 --> 01:42:10.880] With a little torch while we had a fire ban on [01:42:10.880 --> 01:42:17.880] And I claim that the district judge sent him down here to harass me [01:42:17.880 --> 01:42:21.880] Because I had filed a criminal charge against the district judge [01:42:21.880 --> 01:42:31.880] And this officer thought about what would happen if I accused the district judge of sending that officer down here to harass me [01:42:31.880 --> 01:42:34.880] It terrified him [01:42:34.880 --> 01:42:43.880] So you accused the state bar of trying to protect this lawyer from bad behavior [01:42:43.880 --> 01:42:45.880] When they didn't do that at all [01:42:45.880 --> 01:42:49.880] They are not going to be happy [01:42:49.880 --> 01:42:55.880] And they can't take it out on you, but they can take it out on this lawyer [01:42:55.880 --> 01:42:57.880] Okay [01:42:57.880 --> 01:43:00.880] Okay, that's in our bag of dirty tricks [01:43:00.880 --> 01:43:05.880] But we like dirty tricks [01:43:05.880 --> 01:43:09.880] If it will help [01:43:09.880 --> 01:43:15.880] I will send this lady my complaint in wood format so she can pick a few things out [01:43:15.880 --> 01:43:20.880] And it will help her because I know it gets overwhelming to rewrite and do things [01:43:20.880 --> 01:43:25.880] So I know a different state, but she could maybe look at something in her state based on what I wrote [01:43:25.880 --> 01:43:28.880] And if it helps, I'm willing to do that [01:43:28.880 --> 01:43:35.880] Okay, Livia, if you want to see her complaint, send me an email at randy at rooflawradio.com [01:43:35.880 --> 01:43:38.880] And I will forward it to Tina [01:43:38.880 --> 01:43:40.880] I'm more concerned about what to do [01:43:40.880 --> 01:43:45.880] Because I'm going to Europe for two weeks and I just got this [01:43:45.880 --> 01:43:53.880] Yes, I'm saying call this a frivolous pleading because the judge has ordered to maintain the status quo [01:43:53.880 --> 01:44:11.880] Hang on, going to break, we'll be right back [01:44:24.880 --> 01:44:30.880] Logos Radio Network gets many requests to endorse all sorts of products, most of which we reject [01:44:30.880 --> 01:44:33.880] We have come to trust Jump Jevity so much [01:44:33.880 --> 01:44:39.880] We became a marketing distributor along with Alex Jones, Ben Fuchs and many others [01:44:39.880 --> 01:44:46.880] When you order from LogosRadioNetwork.com, your health will improve as you help support quality radio [01:44:46.880 --> 01:44:51.880] As you realize the benefits of Jump Jevity, you may want to join us [01:44:51.880 --> 01:44:56.880] As a distributor, you can experience improved health, help your friends and family [01:44:56.880 --> 01:44:58.880] And increase your income [01:44:58.880 --> 01:45:27.880] Order now [01:45:28.880 --> 01:45:33.880] Logos Radio Network is created by a licensed attorney with 22 years of case winning experience [01:45:33.880 --> 01:45:42.880] Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts [01:45:42.880 --> 01:45:51.880] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics and much more [01:45:51.880 --> 01:46:00.880] Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ [01:46:21.880 --> 01:46:26.880] Okay, we are back, Randy Kelton, Deborah Stevens, Rule of Law Radio and Livia [01:46:26.880 --> 01:46:35.880] Yes, file a motion for claiming residue to Cota that the judge has already ruled in the case and the lawyer is trying to change the ruling [01:46:35.880 --> 01:46:39.880] Ask for sanctions for a frivolous pleading [01:46:39.880 --> 01:46:44.880] Bargree the lawyer and esteem the bar association [01:46:44.880 --> 01:46:57.880] You have to answer within 30 days [01:46:57.880 --> 01:47:03.880] Once you answer, then they'll schedule a hearing date [01:47:03.880 --> 01:47:08.880] You can ask the judge to rule on the pleading if you don't want to spend another day in hearing [01:47:08.880 --> 01:47:12.880] This lawyer is just turning the case [01:47:12.880 --> 01:47:18.880] So ask the judge for sanctions against him for churning the case and asking to rule on the pleading [01:47:18.880 --> 01:47:27.880] And if I have to rule on a pleading, he can ask to be the in-person in which case I'm not defending myself, right? [01:47:27.880 --> 01:47:31.880] Like, he's got his request motion for permanent injury in the case [01:47:31.880 --> 01:47:36.880] Yeah, you have to defend against his motion. You have to oppose it [01:47:36.880 --> 01:47:40.880] If you don't oppose it, he gets summary judgment [01:47:40.880 --> 01:47:47.880] Right, so if I oppose it with a written, which is okay, but, you know, I have to be there if he's there [01:47:47.880 --> 01:47:53.880] You have to do this. You're asking me the same questions over and over. You have to answer [01:47:53.880 --> 01:48:04.880] I do understand that I will answer 100%, but I'm asking, you know, you're saying that I could ask to have the judge rule on a written pleading [01:48:04.880 --> 01:48:14.880] Yeah, object to oral argument, ask the judge to rule on the pleading [01:48:14.880 --> 01:48:18.880] What's hard about that? [01:48:18.880 --> 01:48:23.880] Okay, I am out of time, Livia. We've got a first-time caller I want to get to [01:48:23.880 --> 01:48:27.880] If you have more questions, Livia, call back tomorrow night, okay? [01:48:27.880 --> 01:48:30.880] Okay, I will do so. Thank you, I appreciate it [01:48:30.880 --> 01:48:32.880] Okay, okay, bye [01:48:32.880 --> 01:48:38.880] Okay, now we're going to either John or Michael in Missouri [01:48:38.880 --> 01:48:43.880] I'm teasing here, John Michael [01:48:43.880 --> 01:48:44.880] Thank you [01:48:44.880 --> 01:48:46.880] Are you a first-time caller? [01:48:46.880 --> 01:48:47.880] That's correct [01:48:47.880 --> 01:48:50.880] We always pick on first-time callers [01:48:50.880 --> 01:48:52.880] Alright, tell me [01:48:52.880 --> 01:48:55.880] No, we don't. My producer is going to chew me out for that [01:48:55.880 --> 01:49:01.880] Okay, you know we have a, this is the last segment, but tomorrow night we do a four-hour show [01:49:01.880 --> 01:49:05.880] So if we can't get through everything tonight, you can call back tomorrow night [01:49:05.880 --> 01:49:08.880] We generally take first-time callers first [01:49:08.880 --> 01:49:10.880] Okay, what do you have for us? [01:49:10.880 --> 01:49:17.880] Alright, I am very new at this, so be easy on me, Randy [01:49:17.880 --> 01:49:18.880] Okay [01:49:18.880 --> 01:49:26.880] I'm trying to understand about the, it's called and information [01:49:26.880 --> 01:49:32.880] What exactly is that, who puts it in a case, I'm in a municipal case [01:49:32.880 --> 01:49:40.880] I need to understand this information because I look at it, they got the tickets there, they got the guy that wrote the ticket [01:49:40.880 --> 01:49:48.880] They've got all this pictures and all these other things, these overhousing code tickets, by the way [01:49:48.880 --> 01:49:52.880] And so they've got, they've got plenty of information to see it [01:49:52.880 --> 01:49:58.880] But a lot of people tell me that's not what information is and information is [01:49:58.880 --> 01:50:03.880] Okay, and, okay, okay, that is a really good question [01:50:03.880 --> 01:50:11.880] He's got a lot of information, but that's not what an information is and they're exactly correct, they're not the same [01:50:11.880 --> 01:50:17.880] It is, it is intended that private citizens file criminal complaints [01:50:17.880 --> 01:50:24.880] When a police officer files a criminal complaint, he does not do so in his capacity as a police officer [01:50:24.880 --> 01:50:30.880] Police officers investigate crime, private citizens file complaints [01:50:30.880 --> 01:50:37.880] They are the only ones in the country who have authority to file complaints [01:50:37.880 --> 01:50:46.880] When a policeman files a complaint, he does so because he is a credible person [01:50:46.880 --> 01:50:56.880] A credible person is a person over the age of 18, some states is 21, never convicted of a felony [01:50:56.880 --> 01:51:04.880] That's the capacity in which he files, so it is intended that ordinary lay people file criminal complaints [01:51:04.880 --> 01:51:16.880] So it is not expected that a criminal complaint be in a specific form [01:51:16.880 --> 01:51:22.880] A criminal complaint cannot be dismissed for lack of form [01:51:22.880 --> 01:51:31.880] When a prosecutor gets a criminal complaint that's intended to be issued by Joe Blow on the street out here [01:51:31.880 --> 01:51:37.880] He's to take that criminal complaint and convert it into proper legal form [01:51:37.880 --> 01:51:43.880] When he does that, that's called an information [01:51:43.880 --> 01:51:47.880] The document is information that's for the court [01:51:47.880 --> 01:51:56.880] If you want to know how to properly construct a criminal complaint, look at an information [01:51:56.880 --> 01:52:04.880] The only difference between an information and a criminal complaint is one's title complaint, one's title information [01:52:04.880 --> 01:52:07.880] Does that make sense? [01:52:07.880 --> 01:52:12.880] No, I'm still probably more lost than I was when I started [01:52:12.880 --> 01:52:15.880] Everything else goes to discovery [01:52:15.880 --> 01:52:19.880] I'm not saying you're not explaining it correctly, it's just me [01:52:19.880 --> 01:52:30.880] Here's the thing, is that, can the ticket write? [01:52:30.880 --> 01:52:33.880] Wait, say that again, I missed something [01:52:33.880 --> 01:52:35.880] Excuse me? [01:52:35.880 --> 01:52:39.880] I must have missed something, say that again [01:52:39.880 --> 01:52:45.880] He comes out, let me go outside, I have difficulty with where my phone is located [01:52:45.880 --> 01:52:52.880] Okay, he comes out to my property and he writes, grass is too tall [01:52:52.880 --> 01:52:57.880] Now, he writes that on his ticket [01:52:57.880 --> 01:53:01.880] Is that considered an information to the prosecutor? [01:53:01.880 --> 01:53:06.880] No, that's a complaint for the prosecutor [01:53:06.880 --> 01:53:12.880] The prosecutor is the one that creates an information [01:53:12.880 --> 01:53:23.880] Information is merely a complaint that the prosecutor created from an accusation by a citizen [01:53:23.880 --> 01:53:28.880] So can the ticket writer give him that? Can he be just? [01:53:28.880 --> 01:53:37.880] Yeah, ticket writer, anybody, I could go to the prosecutor and say, hey, John Michael's grass is too tall [01:53:37.880 --> 01:53:45.880] There's no violation of this code, I would be the same authority as the city inspector [01:53:45.880 --> 01:53:46.880] Okay [01:53:46.880 --> 01:54:01.880] But, okay, with that said, grass is too tall, I want to see the statute titled grass is too tall [01:54:01.880 --> 01:54:04.880] Not one [01:54:04.880 --> 01:54:09.880] The statute in there, but you're being accused of something that's not a crime [01:54:09.880 --> 01:54:15.880] So you raise an objection as the complaint is insufficient [01:54:15.880 --> 01:54:20.880] It fails to give you nature and cause [01:54:20.880 --> 01:54:33.880] What specific statute or ordinance are you being charged with based on the complaint? [01:54:33.880 --> 01:54:37.880] You can't tell because it's not on there [01:54:37.880 --> 01:54:46.880] And since it's not on there, it complains insufficient on its face [01:54:46.880 --> 01:54:49.880] Right [01:54:49.880 --> 01:54:54.880] You know, the policeman could accuse me of passing gas in public [01:54:54.880 --> 01:54:59.880] No, no, no, you got to have a specific statute that specifically states [01:54:59.880 --> 01:55:07.880] This statute says that if you do this, this, and this, then that constitutes a crime [01:55:07.880 --> 01:55:13.880] So the complaint has to say that I personally observed or have reason to believe the person did this [01:55:13.880 --> 01:55:18.880] And they did this and they did this [01:55:18.880 --> 01:55:23.880] Every element must be pledged [01:55:23.880 --> 01:55:29.880] If you don't plead every element, then there is no complaint, the complaint seems sufficient [01:55:29.880 --> 01:55:32.880] Here they did not plead any element [01:55:32.880 --> 01:55:42.880] He would have had to plead that that ordinance XYZ specifically states that grass can be no higher than Q [01:55:42.880 --> 01:55:51.880] Grass was higher than Q, therefore so-and-so is in violation [01:55:51.880 --> 01:55:56.880] You can't just say the grass is too tall [01:55:56.880 --> 01:56:00.880] I've had them, you know, they write speeding tickets and they say speeding [01:56:00.880 --> 01:56:07.880] But it always has to say 60 in a 40 or 20 in a 30, those are the elements [01:56:07.880 --> 01:56:13.880] Grass is too tall, it's insufficient [01:56:13.880 --> 01:56:21.880] If you're new to this, it kind of takes a brain shift [01:56:21.880 --> 01:56:27.880] You get to where you learn to be a little more pedantic [01:56:27.880 --> 01:56:35.880] You can't just make vague general statements in a prosecution, they have to be very specific [01:56:35.880 --> 01:56:39.880] One of the things we talk about is how to write legal pleadings [01:56:39.880 --> 01:56:49.880] And I tell people it is the job of the lawyer to misconstrue everything that he can [01:56:49.880 --> 01:56:56.880] So in legal pleadings, they have to be written so that any two people who read this document [01:56:56.880 --> 01:57:01.880] Two reasonable people of ordinary prudence [01:57:01.880 --> 01:57:07.880] No two people could read this and come to different conclusions as to what it meant [01:57:07.880 --> 01:57:11.880] If that's the case, the document is insufficient [01:57:11.880 --> 01:57:15.880] That's the general way we examine documents [01:57:15.880 --> 01:57:23.880] And more specifically, every charging instrument has to name every element and charge every element [01:57:23.880 --> 01:57:28.880] So what's too high? [01:57:28.880 --> 01:57:32.880] It's an inch too high, it's two inches too high, it's 30 inches too high [01:57:32.880 --> 01:57:36.880] But what is too high? You don't know what it is so they haven't charged you [01:57:36.880 --> 01:57:38.880] Okay, does that make sense? [01:57:38.880 --> 01:57:41.880] I understand that [01:57:41.880 --> 01:57:51.880] Alright, then with that also, it came to a lot of folks in a lot of circles [01:57:51.880 --> 01:58:02.880] I'll say the same thing is that you will never find that they will ever have an information filed in a case [01:58:02.880 --> 01:58:07.880] Okay, and there may be specifics for that for a classy misdemeanor [01:58:07.880 --> 01:58:10.880] There is in some states [01:58:10.880 --> 01:58:14.880] Can you call back tomorrow because this is something I'd like to address [01:58:14.880 --> 01:58:16.880] I'm out of time today [01:58:16.880 --> 01:58:22.880] We'll be back tomorrow at the same time, but we do a four hour show so we'll have more time and we'll take you first [01:58:22.880 --> 01:58:26.880] Randy Kelton, Deborah Stevens, Lula La Radio, thank you all for listening [01:58:26.880 --> 01:58:34.880] And make sure you check out Logos Radio Network and donate a dollar a month so we can keep this show going [01:58:34.880 --> 01:58:57.880] Thank you all for listening and good night [01:59:04.880 --> 01:59:08.880] And to know the meaning of life [01:59:34.880 --> 01:59:48.880] Call us toll free at 888-551-0102 or visit us online at bfa.org