[00:00.000 --> 00:05.800]  The following news flash is brought to you by The Lone Star Lowdown, providing the deli
[00:05.800 --> 00:13.520]  bulletins for the commodities market, today's history, news updates, and the inside scoop
[00:13.520 --> 00:17.080]  into the tides of the alternative.
[00:17.080 --> 00:23.080]  Markets for Wednesday the 26th of June 2019 open with precious metals, gold at $1,407.70
[00:23.080 --> 00:29.920]  an ounce, silver $15.25 an ounce, copper $2.73 an ounce, platinum $808 an ounce, oil, cash,
[00:29.920 --> 00:35.920]  the Texas Crude $57.83 a barrel, Brent Crude $65.05 a barrel, and the top five cryptos
[00:35.920 --> 00:44.320]  in order of market cap, Bitcoin at $12,707 a coin, Ethereum $332.57 a coin, XRP Ripple
[00:44.320 --> 00:53.280]  $47.00 a coin, Bitcoin Cash $494.00 a coin, and Litecoins at $135.40 a crypto coin.
[00:53.280 --> 00:59.680]  Today in history, the year 1870, the Roman Catholic holiday of Christmas has declared
[00:59.680 --> 01:07.520]  a federal holiday in the United States, today in history.
[01:07.520 --> 01:11.720]  And recent news, Representative Michael Burgess, Republican from the 26th Texas Congressional
[01:11.720 --> 01:15.840]  District, centering in Denton County, defended the controversial conditions in which the
[01:15.840 --> 01:21.280]  facilities being used to house child immigrants are supposedly found in on MSNBC earlier this
[01:21.280 --> 01:22.280]  week.
[01:22.280 --> 01:26.560]  The lawmaker stated, quote, I've been to Casa Padre in Brownsville, Texas, and yes
[01:26.560 --> 01:31.480]  it's a restored Walmart, and you know what, there's not a lock on the door.
[01:31.480 --> 01:34.560]  Any child is free to leave at any time, but they don't.
[01:34.560 --> 01:35.560]  You know why?
[01:35.560 --> 01:40.120]  Because they are well taken care of, and that they are, quote, free to leave at any time.
[01:40.120 --> 01:44.200]  Apparently children must leave the facility with a parent or guardian who has passed a
[01:44.200 --> 01:48.120]  background check if they wish to stay in the United States, but the child is free to leave
[01:48.120 --> 01:53.800]  by themselves if they return to where they came from.
[01:53.800 --> 01:57.880]  Federal Motors Company is planning on investing $20 million at its Arlington Assembly plant
[01:57.880 --> 02:02.040]  in order to fit it to build the next generation of GM's full-size SUVs.
[02:02.040 --> 02:06.680]  Gerald Johnson, GM Executive Vice President of Global Manufacturing, stated that, quote,
[02:06.680 --> 02:10.280]  we've been building trucks in Texas for more than 20 years, and our additional investment
[02:10.280 --> 02:14.880]  in Arlington Assembly is proof of our commitment and confidence in our Arlington team.
[02:14.880 --> 02:19.840]  The automaker built the Chevrolet Tahoe and Suburban, the GMC Yukon and Yukon XL, and
[02:19.840 --> 02:27.520]  the Cadillac Escalade at the 250-acre Arlington plant.
[02:27.520 --> 02:31.080]  Findings in a report released by the insurance company Allstate looked into collision claims
[02:31.080 --> 02:32.600]  across the U.S.
[02:32.600 --> 02:37.840]  Two Texas cities made the list of safest cities to drive in, with Laredo at number five and
[02:37.840 --> 02:39.480]  McAllen at number nine.
[02:39.480 --> 02:41.200]  So let's keep driving safe, Texas.
[02:41.200 --> 02:43.680]  The low-down is for a look at the sponsors.
[02:43.680 --> 02:49.680]  You have a private or a service-essent advertiser, but feel free to shoot me an e-mail at rickrodiatprotonmail.com.
[02:49.680 --> 03:18.680]  This was the low-down for June 26, 2019.
[03:18.680 --> 03:19.680]  Okay.
[03:19.680 --> 03:20.680]  We are back.
[03:20.680 --> 03:27.680]  Randy Kelton, Brett Fountain, Rural Law Radio on this, the 19th day of July, 2019, and we're
[03:27.680 --> 03:31.040]  talking to Sonny and Georgia.
[03:31.040 --> 03:37.200]  And over the break, Brett looked at the Georgia Code here.
[03:37.200 --> 03:40.240]  You want to tell him what you found, Brett?
[03:40.240 --> 03:47.560]  Well, yeah, it looks to me like you've got a good, strong position, Sonny, and what you
[03:47.560 --> 03:53.840]  found there in 25.3, and your position, if I understood the way you were describing it,
[03:53.840 --> 04:01.520]  is the first guy, the trial judge, whose disqualification was sought, or a recusal.
[04:01.520 --> 04:06.680]  He's the one who has the responsibility to check and see if the motion was filed timely.
[04:06.680 --> 04:14.320]  He also has to check and see if the affidavit, the things that you're claiming, would go
[04:14.320 --> 04:18.160]  to a recusal or disqualification.
[04:18.160 --> 04:24.240]  So those two determinations he makes, and then he hands off to someone who's supposed
[04:24.240 --> 04:30.760]  to appoint another judge in his place.
[04:30.760 --> 04:38.680]  And it says here, if it is found that the motion is timely, that's the trial judge making
[04:38.680 --> 04:44.240]  that determination, if it is found that the affidavit is sufficient and that recusal would
[04:44.240 --> 04:50.920]  be authorized if some or all of the facts set forth are true, another judge shall be assigned
[04:50.920 --> 04:51.920]  to hear the motion.
[04:51.920 --> 04:56.400]  So I think you've got a strong position where you're standing that sounds like you're exactly
[04:56.400 --> 04:57.400]  right.
[04:57.400 --> 05:02.240]  Are you there, Sonny?
[05:02.240 --> 05:17.360]  Yeah, yeah, so there may even be, after when you're doing things yourself, a lot of times
[05:17.360 --> 05:23.040]  you can make a lot of mistakes, and sometimes over some time you can go back and put some
[05:23.040 --> 05:30.560]  fresh eyes on it and find things that you could definitely correct or improve upon.
[05:30.560 --> 05:33.280]  Well, sure, if you think at this point.
[05:33.280 --> 05:39.000]  So just imagine how many mistakes you would make if you were a lawyer.
[05:39.000 --> 05:52.440]  Yeah, well, this one looks like a mis, a issue that would go to subject matter jurisdiction
[05:52.440 --> 06:01.800]  of the judge who alleged to make a ruling on timeliness.
[06:01.800 --> 06:08.880]  He did not have the power to do that, and when it goes to subject matter jurisdiction,
[06:08.880 --> 06:13.960]  if the judge did not have subject matter jurisdiction, he never accrues it.
[06:13.960 --> 06:22.760]  So it can be challenged no matter how remote in history.
[06:22.760 --> 06:25.800]  So they won't be able to say, well, you should have raised this issue earlier.
[06:25.800 --> 06:32.240]  No, you don't have to.
[06:32.240 --> 06:40.320]  So would you say, just go with the writ of mandamus, go with the motion to strike?
[06:40.320 --> 06:51.320]  I guess the motion to strike would basically serve as also to maintain that jurisdiction
[06:51.320 --> 06:54.920]  was placed in limbo.
[06:54.920 --> 07:04.360]  You filed a recusal that placed jurisdiction in limbo until the courts followed the statutory
[07:04.360 --> 07:05.680]  required steps.
[07:05.680 --> 07:08.200]  They did not do so.
[07:08.200 --> 07:22.360]  So everything that occurred after this occurred without subject matter jurisdiction.
[07:22.360 --> 07:34.440]  And wherefore, in conclusion, I'm guessing I would demand dismissal.
[07:34.440 --> 07:45.000]  OK, Brett, good question.
[07:45.000 --> 07:53.680]  The delay that is caused was not caused by sunny.
[07:53.680 --> 07:58.720]  It was caused by the court acting improperly.
[07:58.720 --> 08:10.400]  So if you don't ask for dismissal yet, ask the court of appeals to rule that the jurisdiction
[08:10.400 --> 08:15.840]  was placed in limbo by the filing of the motion to recuse.
[08:15.840 --> 08:23.400]  The court did not follow proper procedure, therefore jurisdiction stayed in limbo.
[08:23.400 --> 08:26.720]  Asked them to give you that ruling.
[08:26.720 --> 08:34.720]  And then that throws out everything that's occurred from the point of the filing.
[08:34.720 --> 08:42.560]  You get that ruling, then come back, and use that ruling as resjudicata, and ask to dismiss
[08:42.560 --> 08:46.920]  for failure to timely prosecute.
[08:46.920 --> 08:47.920]  Speedy trial.
[08:47.920 --> 08:49.920]  Speedy trial, mm-hmm.
[08:49.920 --> 09:05.360]  Yeah, also, I think in Georgia, the statute requires motions to be heard within, I think,
[09:05.360 --> 09:14.320]  six months, or something along those lines, and this is way over that.
[09:14.320 --> 09:19.800]  And I would think that would be a due process violation, and actually that same statute,
[09:19.800 --> 09:27.360]  I don't have it right in front of me, but that same statute has as a penalty removal
[09:27.360 --> 09:31.040]  from office for the judge.
[09:31.040 --> 09:33.320]  Oh, wonderful.
[09:33.320 --> 09:38.320]  I would not do that until I got my case dismissed.
[09:38.320 --> 09:42.120]  Yeah.
[09:42.120 --> 09:45.040]  I think that's very wide.
[09:45.040 --> 09:52.520]  Okay, well, I will go have some fun.
[09:52.520 --> 09:55.720]  Good, good.
[09:55.720 --> 09:58.480]  Don't let them give them no slack.
[09:58.480 --> 09:59.800]  Take no prisoners.
[09:59.800 --> 10:01.800]  Thank you, Randy.
[10:01.800 --> 10:06.080]  Okay, thank you, Sonny.
[10:06.080 --> 10:08.880]  Now we're going to go to Tim in Texas.
[10:08.880 --> 10:09.880]  Hello, Tim.
[10:09.880 --> 10:10.880]  Hello.
[10:10.880 --> 10:11.880]  How are you guys tonight?
[10:11.880 --> 10:16.880]  Wait, say that again?
[10:16.880 --> 10:19.880]  I said, how are you guys tonight?
[10:19.880 --> 10:20.880]  We're doing great.
[10:20.880 --> 10:25.880]  Okay, what do you have for us today?
[10:25.880 --> 10:28.880]  A thousand questions.
[10:28.880 --> 10:38.880]  We're talking about the findings of SAPs and conclusions of law in my specific case.
[10:38.880 --> 10:47.880]  You know, the only thing, a couple of things that saved me, I guess, was one was the resuscitation
[10:47.880 --> 10:55.360]  of mandamus, or, you know what I mean, and then, of course, the politics of people getting
[10:55.360 --> 11:07.320]  together and storming the city hall, and we never in all of that got the judge to hand
[11:07.320 --> 11:12.320]  over any findings of SAPs and conclusions of law for anything that he judged on or he
[11:12.320 --> 11:13.320]  ruled on.
[11:13.320 --> 11:22.320]  And I think Brett and I have talked through texting and about it, and he says that they
[11:22.320 --> 11:26.320]  had a duty to do that.
[11:26.320 --> 11:33.320]  And I think you said that they don't have a duty to do.
[11:33.320 --> 11:40.320]  I'm not clear on it, I was just wondering if you guys could fill me in.
[11:40.320 --> 11:47.320]  He wasn't saying that they don't have a duty, but what they tend to lean back on is this
[11:47.320 --> 11:53.320]  one place that talks about district judges and county judges are required to do this,
[11:53.320 --> 11:56.320]  and they totally skip.
[11:56.320 --> 12:00.320]  That's rule 297.
[12:00.320 --> 12:05.320]  It specifically addresses district judges.
[12:05.320 --> 12:10.320]  Yes, so that's the only one that specifically commands them to.
[12:10.320 --> 12:22.320]  However, the judge also has a duty to provide the litigants with due process, and in order
[12:22.320 --> 12:27.320]  for you to be able to prosecute an appeal, you need findings of fact.
[12:27.320 --> 12:36.320]  And by not producing findings of fact, then he denies you due process, and that's criminal.
[12:36.320 --> 12:44.320]  So you do have a right to due process, and this is a component of due process.
[12:44.320 --> 12:53.320]  So in that light, you can claim that you do have a right to it, and therefore he has a
[12:53.320 --> 12:54.320]  duty.
[12:54.320 --> 13:00.320]  And when you specifically are talking about appeals, that's different from, you just thought
[13:00.320 --> 13:04.320]  his ruling was off base, and you want to find out where he's coming from, but you don't
[13:04.320 --> 13:06.320]  plan on appealing, that's different.
[13:06.320 --> 13:08.320]  When you go, you're saying you want to appeal.
[13:08.320 --> 13:11.320]  You filed a notice of appeal.
[13:11.320 --> 13:17.320]  Well then, that invokes the Texas Rules of Appellate procedure, and if you take a look
[13:17.320 --> 13:25.320]  at rule 34.5, it says Clark's record, there's some items that have to go to the appeals
[13:25.320 --> 13:33.320]  court, and it says in subsection A2 that the indictment or information has to go there.
[13:33.320 --> 13:36.320]  Uh-oh, they usually don't have that.
[13:36.320 --> 13:45.320]  And it says in subsection A4 that the jury verdict or court's findings of fact and conclusions
[13:45.320 --> 13:46.320]  of law.
[13:46.320 --> 13:51.320]  That's part of what has to be wrapped up in the package that goes to the appellate court.
[13:51.320 --> 13:58.320]  Unless you are okay with there being something less than that, take a look at rule 34.2,
[13:58.320 --> 14:00.320]  a greed record.
[14:00.320 --> 14:07.320]  It says an agreed record will be presumed to contain all evidence and filings relevant.
[14:07.320 --> 14:16.320]  So if you don't go along, if you don't press them to make sure that they give you that
[14:16.320 --> 14:23.320]  Clark's record in 34.5A4, the findings of fact and conclusions of law, and you just let
[14:23.320 --> 14:29.320]  them slide, well then they'll just put whatever little bit of next to nothing in there and
[14:29.320 --> 14:31.320]  call it good.
[14:31.320 --> 14:39.320]  Well, my question is, every time I think in our case, we ask for findings of fact and
[14:39.320 --> 14:41.320]  conclusions of law, and he knows.
[14:41.320 --> 14:42.320]  Yes, you did.
[14:42.320 --> 14:47.320]  I think after the 30 days, was it 30 days, Randy?
[14:47.320 --> 14:48.320]  20.
[14:48.320 --> 14:49.320]  Again?
[14:49.320 --> 14:54.320]  20 days, okay, then you file again, and I think it adds another 10 days.
[14:54.320 --> 15:00.320]  But anyway, every time we did, but when we went to appeal, I don't remember if we,
[15:00.320 --> 15:07.320]  asked for findings of facts, or if we mentioned that the district judge never answered any
[15:07.320 --> 15:09.320]  of ours, but this was specific.
[15:09.320 --> 15:15.320]  Our appeal, this is where I was totally confused the whole time when we got to this, because
[15:15.320 --> 15:20.320]  I thought we were appealing the $80,000 judgment against us.
[15:20.320 --> 15:21.320]  We weren't.
[15:21.320 --> 15:30.320]  We were appealing the dismissal of my countersuit against the attorney, the administrative board,
[15:30.320 --> 15:33.320]  a judge, and another attorney.
[15:33.320 --> 15:34.320]  Yes.
[15:34.320 --> 15:41.320]  And he dismissed it out of hand with prejudice.
[15:41.320 --> 15:42.320]  Yes.
[15:42.320 --> 15:49.320]  So we didn't, we did not need to appeal the $80,000 because the city already dismissed
[15:49.320 --> 15:50.320]  it.
[15:50.320 --> 15:57.320]  No, they hadn't dismissed it by then, because that was in October, and they only dismissed
[15:57.320 --> 15:59.320]  it in two days before.
[15:59.320 --> 16:12.320]  Oh, okay, okay, wait, that was before the process, the process on the $80,000 was still ongoing.
[16:12.320 --> 16:17.320]  The only thing that was, where there was, where they did the separation.
[16:17.320 --> 16:18.320]  Yeah.
[16:18.320 --> 16:22.320]  So we had to appeal the first part, and that was the dismissal.
[16:22.320 --> 16:27.320]  The other one was ongoing, so we couldn't appeal it because it wasn't final.
[16:27.320 --> 16:35.320]  Yeah, and that confuses me too, because they didn't do anything else as far as that judgment
[16:35.320 --> 16:36.320]  went.
[16:36.320 --> 16:39.320]  They were just trying to get money out of me by then.
[16:39.320 --> 16:40.320]  Yes.
[16:40.320 --> 16:41.320]  Okay.
[16:41.320 --> 16:45.320]  That's where I thought it was final.
[16:45.320 --> 16:49.320]  Well, it was coming up here.
[16:49.320 --> 16:51.320]  Yeah, I hear it.
[16:51.320 --> 16:53.320]  Okay, hang on.
[16:53.320 --> 16:58.320]  Randy Kelton, Brett Fountain, Rule of Law Radio, we'll be right back.
[16:58.320 --> 17:04.320]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[17:04.320 --> 17:08.320]  In today's America, we live in an us against them society, and if we, the people, are ever
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[19:00.320 --> 19:05.320]  You are listening to the Logos Radio Network.
[19:05.320 --> 19:10.320]  LogosRadioNetwork.com
[19:10.320 --> 19:14.320]  Well don't let nothing get to you.
[19:14.320 --> 19:17.320]  Only the father can deliver you.
[19:17.320 --> 19:20.320]  And don't let bad-mine people hurt you.
[19:20.320 --> 19:24.320]  I can't see it, I'm getting behind you.
[19:24.320 --> 19:35.320]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to confused Tim from Texas.
[19:35.320 --> 19:40.320]  Well, I got it right.
[19:40.320 --> 19:41.320]  Okay.
[19:41.320 --> 19:53.320]  So now on this appeal that we brought forward, in the appeal itself, I don't remember if we mentioned anything about
[19:53.320 --> 19:57.320]  the judge refusing to present us with filing the fact.
[19:57.320 --> 19:58.320]  No.
[19:58.320 --> 20:00.320]  Why request the judge to do that?
[20:00.320 --> 20:05.320]  No, no, we didn't need that.
[20:05.320 --> 20:11.320]  The only thing, we're addressing sub-diameter jurisdiction.
[20:11.320 --> 20:14.320]  That's the only issue we addressed.
[20:14.320 --> 20:15.320]  Okay.
[20:15.320 --> 20:24.320]  All of the rest was irrelevant because the court had already ruled.
[20:24.320 --> 20:35.320]  The Court of Appeals had already ruled that the original court did not have subject matter jurisdiction.
[20:35.320 --> 20:44.320]  And our counterclaim was based on the allegation that the original court did not have subject matter jurisdiction.
[20:44.320 --> 20:56.320]  And we moved the court to reverse the trial judge's ruling based on their prior ruling, their resjudicata.
[20:56.320 --> 20:59.320]  That's all we needed.
[20:59.320 --> 21:11.320]  And the other side put in a 20-something page document that argued everything in the case, except that issue.
[21:11.320 --> 21:16.320]  So we didn't even respond to all that, didn't care it was irrelevant.
[21:16.320 --> 21:18.320]  All right.
[21:18.320 --> 21:28.320]  So in all of this, should we go after the district judge as well?
[21:28.320 --> 21:37.320]  I would say he still should be pursuing getting him indicted.
[21:37.320 --> 21:39.320]  Why?
[21:39.320 --> 21:42.320]  Because he's the criminal.
[21:42.320 --> 21:44.320]  I know.
[21:44.320 --> 21:46.320]  That's the easy way.
[21:46.320 --> 21:53.320]  What he did was clearly criminal.
[21:53.320 --> 22:07.320]  And of all people, H.G. Wells in his outline of history, on speaking to the corruption of the popes during the Dark Ages, very aptly observed
[22:07.320 --> 22:12.320]  the giver of the law most owes the law allegiance.
[22:12.320 --> 22:17.320]  He of all beings should behave as though the law compels him.
[22:17.320 --> 22:28.320]  But it is the universal failing of mankind that what we are given to administer, we promptly presume we own.
[22:28.320 --> 22:31.320]  We need to fix that.
[22:31.320 --> 22:34.320]  He does not own this law.
[22:34.320 --> 22:37.320]  He has a duty under it.
[22:37.320 --> 22:51.320]  If he is incapable or unwilling to perform that duty, then he needs to get himself down off that bench, have himself replaced with someone who will do their duties.
[22:51.320 --> 23:02.320]  You need to pursue the prosecutor to force him to give the complaints to the grand jury.
[23:02.320 --> 23:06.320]  It is best to keep the judge honest.
[23:06.320 --> 23:08.320]  The complaints that we filed?
[23:08.320 --> 23:10.320]  Yeah.
[23:10.320 --> 23:13.320]  Yeah, he never has done anything with them, has he?
[23:13.320 --> 23:15.320]  Not as far as you know.
[23:15.320 --> 23:19.320]  Well, now he can't do anything with that, can he?
[23:19.320 --> 23:24.320]  Of course he can give me the grand jury.
[23:24.320 --> 23:28.320]  That's what he's statutorily required to do.
[23:28.320 --> 23:30.320]  Okay.
[23:30.320 --> 23:33.320]  So I just need to go up there and speak with him.
[23:33.320 --> 23:35.320]  Yes.
[23:35.320 --> 23:36.320]  Okay.
[23:36.320 --> 23:45.320]  Ask him, do I need to file against you for shielding the judge from prosecution violation 3805 penal code?
[23:45.320 --> 23:47.320]  Yeah.
[23:47.320 --> 23:52.320]  I'm not sure if this judge was the one we filed on.
[23:52.320 --> 23:56.320]  Yes, this is the one we filed on.
[23:56.320 --> 24:08.320]  Okay, the reason Tim was saying that at the very first hearing, there was a visiting judge because the prior district judge had passed away.
[24:08.320 --> 24:15.320]  And the legislature, the governor was in the process of appointing a new judge.
[24:15.320 --> 24:19.320]  So this visiting judge sat in the first hearing.
[24:19.320 --> 24:30.320]  And after that, the trial judge sat in, but it was the current trial judge who rendered the ruling that we asked for findings of fact on.
[24:30.320 --> 24:32.320]  Yeah.
[24:32.320 --> 24:35.320]  So he's the guy.
[24:35.320 --> 24:45.320]  Now, the funny thing about it is the day that I got sanctions against me,
[24:45.320 --> 24:49.320]  then that district judge came right back in.
[24:49.320 --> 24:57.320]  And of course, he had to drop the original 8000, which is why I was being taken to civil court in the first place.
[24:57.320 --> 25:00.320]  But he didn't drop the 80.
[25:00.320 --> 25:02.320]  And that's what it was all based on.
[25:02.320 --> 25:03.320]  Yeah.
[25:03.320 --> 25:05.320]  Was the eight.
[25:05.320 --> 25:08.320]  That's why we wanted findings of fact.
[25:08.320 --> 25:21.320]  Well, so now if the appeals court finds in our favor, then he should be sweating, correct?
[25:21.320 --> 25:23.320]  Wait, he should what?
[25:23.320 --> 25:27.320]  Be sweating.
[25:27.320 --> 25:28.320]  Sweating.
[25:28.320 --> 25:33.320]  Oh, the judge, now he's not sweating.
[25:33.320 --> 25:37.320]  He doesn't think he can be indicted.
[25:37.320 --> 25:39.320]  He's immune, he said.
[25:39.320 --> 25:40.320]  No, he's not immune.
[25:40.320 --> 25:47.320]  He just thinks that he's buddies with the prosecutor and the prosecutor won't let him get indicted.
[25:47.320 --> 25:53.320]  And you need to demonstrate that being buddies with the prosecutor doesn't necessarily help it.
[25:53.320 --> 25:54.320]  Right.
[25:54.320 --> 25:57.320]  Because you'll file against the prosecutor.
[25:57.320 --> 25:58.320]  Right.
[25:58.320 --> 26:03.320]  So I guess I get in another county.
[26:03.320 --> 26:09.320]  I guess I guess I need to, I heard you say that you were doing videos on your ebook.
[26:09.320 --> 26:11.320]  Yes.
[26:11.320 --> 26:19.320]  And now my case was rather unusual for your usual cases, correct?
[26:19.320 --> 26:22.320]  My civil case in this case.
[26:22.320 --> 26:24.320]  Yes.
[26:24.320 --> 26:28.320]  Did you learn something from my case?
[26:28.320 --> 26:32.320]  Yes, I learned to pick my clients very carefully.
[26:32.320 --> 26:37.320]  Man, come on.
[26:37.320 --> 26:39.320]  Open mouth.
[26:39.320 --> 26:43.320]  As for that one.
[26:43.320 --> 26:53.320]  I had not previously done issues with municipalities.
[26:53.320 --> 26:58.320]  I learned some about how to handle municipalities.
[26:58.320 --> 27:04.320]  But overall, no, they pretty well followed the way I expected.
[27:04.320 --> 27:10.320]  If you remember, I kept telling you, you never win your case simply because you have the law and the facts on your side.
[27:10.320 --> 27:13.320]  You win your case if you have the politics on your side.
[27:13.320 --> 27:14.320]  Right.
[27:14.320 --> 27:16.320]  What won the case?
[27:16.320 --> 27:18.320]  Politics.
[27:18.320 --> 27:19.320]  Right.
[27:19.320 --> 27:23.320]  And I've done the same thing we do to most of them.
[27:23.320 --> 27:29.320]  So no, not in that regard, they pretty well went.
[27:29.320 --> 27:36.320]  They went better than most, but it went in the direction that I expected it to.
[27:36.320 --> 27:39.320]  Or it hoped it would.
[27:39.320 --> 27:42.320]  So we're still waiting to hear from them.
[27:42.320 --> 27:46.320]  And I guess they're not in a hurry for me.
[27:46.320 --> 27:49.320]  Now this one, the mandamus was different.
[27:49.320 --> 27:52.320]  The mandamus, they have to push to the front.
[27:52.320 --> 27:54.320]  An appeal, they don't have to.
[27:54.320 --> 27:58.320]  So they'll take it in the order they get to it.
[27:58.320 --> 28:00.320]  Yeah.
[28:00.320 --> 28:02.320]  So it'll be interesting.
[28:02.320 --> 28:06.320]  But if you're going to sue the lawyers, you may need to do that.
[28:06.320 --> 28:11.320]  You're going to, you could run out of time on that one.
[28:11.320 --> 28:13.320]  Okay.
[28:13.320 --> 28:16.320]  Technically not because you're still in appeals with them.
[28:16.320 --> 28:22.320]  So you're still engaged with them and they haven't finished screwing up.
[28:22.320 --> 28:30.320]  If the court of appeals was against them and then they try to appeal to the supreme, which is not likely.
[28:30.320 --> 28:32.320]  Then it would still be engaged.
[28:32.320 --> 28:36.320]  So technically the case is ongoing because it's still under appeal.
[28:36.320 --> 28:42.320]  So your, your clock should not start running.
[28:42.320 --> 28:46.320]  It's still under Scheister shenanigans.
[28:46.320 --> 28:48.320]  Scheister shenanigans.
[28:48.320 --> 28:51.320]  Okay.
[28:51.320 --> 28:57.320]  Subject manager jurisdiction.
[28:57.320 --> 29:03.320]  Is it okay if I ask you to explain subject manager jurisdiction.
[29:03.320 --> 29:04.320]  Okay.
[29:04.320 --> 29:08.320]  You got a ticket and you don't like the judge.
[29:08.320 --> 29:10.320]  You think he's a chump.
[29:10.320 --> 29:19.320]  So I say, I'll tell you what, let me be your judge instead of that chump down there on the bench.
[29:19.320 --> 29:21.320]  Can you do that?
[29:21.320 --> 29:23.320]  Of course not.
[29:23.320 --> 29:26.320]  Why not?
[29:26.320 --> 29:30.320]  Wait a minute.
[29:30.320 --> 29:36.320]  Why can't the chump, why can't you be the, cause you don't have any authority.
[29:36.320 --> 29:40.320]  Subject manager jurisdiction.
[29:40.320 --> 29:41.320]  I don't have it.
[29:41.320 --> 29:43.320]  You can't give it to me.
[29:43.320 --> 29:45.320]  You can't take it away from me.
[29:45.320 --> 29:46.320]  I either have it or I don't.
[29:46.320 --> 29:47.320]  Hang on.
[29:47.320 --> 29:49.320]  About to go to break Randy Kelton.
[29:49.320 --> 29:51.320]  We really love radio.
[29:51.320 --> 30:01.320]  We'll be right back.
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[30:46.320 --> 30:50.320]  A new study suggests a common childhood virus could be the culprit.
[30:50.320 --> 30:58.320]  Researchers found that children exposed to adenovirus 36, an infection that causes short-term gastrointestinal and respiratory symptoms,
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[31:02.320 --> 31:09.320]  Researchers believe this fat virus increases the body's fat cells and makes it harder for the body to break down mature fat cells later.
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[31:13.320 --> 31:20.320]  So go easy on the next overweight person you see. Diet and exercise may not work as well for them as they do for you.
[31:20.320 --> 31:31.320]  On Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[31:31.320 --> 31:32.320]  I lost my son.
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[31:57.320 --> 31:58.320]  Go to buildingwatch.org.
[31:58.320 --> 32:01.320]  Why it fell, why it matters, is what you can do.
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[32:48.320 --> 32:50.320]  your door should be lockin'.
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[33:02.320 --> 33:07.320]  Live, free speech radio, LogosRadioNetwork.com.
[33:21.320 --> 33:23.320]  Okay, we are back.
[33:23.320 --> 33:26.320]  Randy Kelton, Brett Fountain, We Will Blow Radio,
[33:26.320 --> 33:29.320]  and we're talking to Tim in Texas,
[33:29.320 --> 33:31.320]  and when we went out,
[33:31.320 --> 33:34.320]  we were addressing subject matter jurisdiction.
[33:34.320 --> 33:39.320]  Subject matter jurisdiction, when a case is filed,
[33:39.320 --> 33:43.320]  is presumed until it's challenged.
[33:43.320 --> 33:46.320]  Once it is challenged, the presumption is lost.
[33:46.320 --> 33:52.320]  Brett, will you read that section about the prosecutor as well?
[33:52.320 --> 33:54.320]  Oh, sure.
[33:54.320 --> 33:57.320]  It's the rules of civil procedure, and it's Rule 12.
[33:57.320 --> 33:59.320]  Let me go pull that up really quick.
[33:59.320 --> 34:04.320]  Rule 12, attorney to show authority.
[34:04.320 --> 34:08.320]  So it says a party in a suit or proceeding pending in a court
[34:08.320 --> 34:13.320]  of this state may, by sworn written motion,
[34:13.320 --> 34:17.320]  stating that he believes the suit or proceeding is being
[34:17.320 --> 34:20.320]  prosecuted or defended without authority,
[34:20.320 --> 34:24.320]  caused the attorney to be cited to appear before the court
[34:24.320 --> 34:28.320]  and show his authority to act.
[34:28.320 --> 34:32.320]  So this is kind of parallel to challenging the jurisdiction
[34:32.320 --> 34:36.320]  of the court to say, hey, your subject matter jurisdiction
[34:36.320 --> 34:38.320]  never got invoked because the proper paperwork is not
[34:38.320 --> 34:40.320]  before the court.
[34:40.320 --> 34:43.320]  This is kind of parallel to that, but it's directed to,
[34:43.320 --> 34:46.320]  it puts the onus on the attorney.
[34:46.320 --> 34:50.320]  And the prosecuting attorney is then, it says,
[34:50.320 --> 34:53.320]  the burden of proof shall be upon the challenged attorney
[34:53.320 --> 34:57.320]  to show sufficient authority to prosecute.
[34:57.320 --> 35:00.320]  Well, that means the attorney is going to have to come up with
[35:00.320 --> 35:04.320]  whatever proof, pay that work-wise.
[35:04.320 --> 35:07.320]  Okay, is that, that's in rules of civil procedure?
[35:07.320 --> 35:09.320]  Correct.
[35:09.320 --> 35:15.320]  The term prosecute in this case does not necessarily refer
[35:15.320 --> 35:19.320]  to a criminal prosecuting attorney.
[35:19.320 --> 35:25.320]  It refers to either attorney on either side prosecuting
[35:25.320 --> 35:28.320]  their client's case.
[35:28.320 --> 35:33.320]  In the case of a criminal issue, it is the prosecuting attorney
[35:33.320 --> 35:38.320]  who prosecutes the case for the state.
[35:38.320 --> 35:40.320]  So to clarify that.
[35:40.320 --> 35:44.320]  In that situation, they would have to say it's some municipal
[35:44.320 --> 35:48.320]  attorney that's, they would have to show, in order to show
[35:48.320 --> 35:53.320]  that they have authority to prosecute or defend,
[35:53.320 --> 35:58.320]  in this case would be, they're the offense, right?
[35:58.320 --> 36:01.320]  And they would have to show, in order to say that they have
[36:01.320 --> 36:08.320]  authority, they would have to show that the change of...
[36:08.320 --> 36:13.320]  A bar card, a contract with the municipality.
[36:13.320 --> 36:17.320]  Yes, and they would have to show that their title is one of the
[36:17.320 --> 36:21.320]  people who are authorized to prosecute to conduct proceedings
[36:21.320 --> 36:25.320]  which would be either the city attorney or the deputy city attorney.
[36:25.320 --> 36:29.320]  Assistants don't count.
[36:29.320 --> 36:33.320]  City attorney or deputy city attorney.
[36:33.320 --> 36:36.320]  And they would have to show that there is a case that,
[36:36.320 --> 36:38.320]  when I was trying to think of a chain, there's a chain of
[36:38.320 --> 36:41.320]  activity that leads up to the commencing of a case,
[36:41.320 --> 36:47.320]  and that would be one of the authorized individuals in 204
[36:47.320 --> 36:49.320]  and 205 of code of criminal procedure.
[36:49.320 --> 36:53.320]  A district attorney, county attorney, in some rare cases,
[36:53.320 --> 36:56.320]  the head of the Texas Rangers or the attorney general.
[36:56.320 --> 37:00.320]  But it has to have been brought and presented to the court
[37:00.320 --> 37:03.320]  with an indictment or an information and the complaint
[37:03.320 --> 37:05.320]  that it was based on.
[37:05.320 --> 37:10.320]  So once that happens, that invokes or wakes up the
[37:10.320 --> 37:13.320]  jurisdiction of the court.
[37:13.320 --> 37:17.320]  It has to be brought to a court that has the proper jurisdiction.
[37:17.320 --> 37:20.320]  They would normally handle that kind of subject matter.
[37:20.320 --> 37:24.320]  But if it hasn't been brought, the court can't just start
[37:24.320 --> 37:26.320]  trouble all by itself.
[37:26.320 --> 37:30.320]  And I've had courts that didn't understand the difference
[37:30.320 --> 37:37.320]  between general jurisdiction over the subject matter,
[37:37.320 --> 37:43.320]  as opposed to the ability of one of the litigants to invoke
[37:43.320 --> 37:47.320]  that general jurisdiction over the subject matter.
[37:47.320 --> 37:49.320]  Yes, it's an important distinction.
[37:49.320 --> 37:52.320]  So I say to the judge, you lack subject matter jurisdiction.
[37:52.320 --> 37:55.320]  He says, of course I got jurisdiction.
[37:55.320 --> 37:56.320]  I'm the district judge.
[37:56.320 --> 37:58.320]  The district judge, here's all this stuff.
[37:58.320 --> 38:02.320]  And then I have to explain to him, that's true.
[38:02.320 --> 38:08.320]  But the opposing party is unable to invoke that jurisdiction.
[38:08.320 --> 38:11.320]  And I've had, especially municipal judges,
[38:11.320 --> 38:15.320]  have a real problem with wrapping their head around that.
[38:15.320 --> 38:18.320]  They're supposed to be lawyers for the most part.
[38:18.320 --> 38:22.320]  There should not be a hard concept for them.
[38:22.320 --> 38:26.320]  But it seems to be consistently.
[38:26.320 --> 38:31.320]  I had something specific during the civil case.
[38:31.320 --> 38:37.320]  The attorneys for the city, which is a law firm,
[38:37.320 --> 38:41.320]  the lead attorney himself, Andy Messer,
[38:41.320 --> 38:49.320]  told the code enforcement officer to cite me for a vehicle
[38:49.320 --> 38:54.320]  that I had on the same property the original case started.
[38:54.320 --> 38:56.320]  And he cited me for it.
[38:56.320 --> 38:58.320]  He sent me a picture of it.
[38:58.320 --> 39:02.320]  It clearly showed that it was an antique vehicle,
[39:02.320 --> 39:07.320]  so it had correct and good antique plates on it
[39:07.320 --> 39:09.320]  from the state of Texas.
[39:09.320 --> 39:11.320]  And it was parked properly.
[39:11.320 --> 39:14.320]  All the tires were good and aired up on it.
[39:14.320 --> 39:17.320]  It was not wrecked, dismantled.
[39:17.320 --> 39:22.320]  And he never asked me to see if it was operable or not.
[39:22.320 --> 39:27.320]  And so in the law, it has to be two things.
[39:27.320 --> 39:30.320]  It has to be unregistered and it has to be either wrecked
[39:30.320 --> 39:34.320]  or dismantled or impoverable for more than 30 days
[39:34.320 --> 39:36.320]  on private property.
[39:36.320 --> 39:42.320]  So when I went to the court for the first time,
[39:42.320 --> 39:46.320]  she, that's the day that the sergeant
[39:46.320 --> 39:48.320]  for White House County Sheriff's Department
[39:48.320 --> 39:50.320]  tried to intimidate me
[39:50.320 --> 39:53.320]  and we filed a T-close complaint against him.
[39:53.320 --> 39:56.320]  But when we went up there to the prosecutor,
[39:56.320 --> 39:59.320]  I kept trying to get her to specifically show me
[39:59.320 --> 40:03.320]  where it was, you know, because she wanted to know
[40:03.320 --> 40:05.320]  how I plead.
[40:05.320 --> 40:07.320]  And I said, well, I don't.
[40:07.320 --> 40:10.320]  And I said, because I don't know what you're charging me for
[40:10.320 --> 40:14.320]  because the vehicle which you sent is license.
[40:14.320 --> 40:16.320]  And I said, could you please show me?
[40:16.320 --> 40:18.320]  And she was getting frustrated.
[40:18.320 --> 40:20.320]  And I guess the policeman saw it.
[40:20.320 --> 40:24.320]  And so he started inching closer toward her.
[40:24.320 --> 40:27.320]  But anyway, when I finally got through with that,
[40:27.320 --> 40:30.320]  it's when the sergeant intimidated me
[40:30.320 --> 40:33.320]  and I got his name, badge number.
[40:33.320 --> 40:37.320]  And then I went before the judge and I filed my,
[40:37.320 --> 40:42.320]  my challenge that I think it was in person jurisdiction.
[40:42.320 --> 40:45.320]  Yes, the special appearance.
[40:45.320 --> 40:49.320]  Yeah, he asked me, he said, OK, what is this for?
[40:49.320 --> 40:52.320]  And I said, it speaks for itself
[40:52.320 --> 40:55.320]  because that's all I knew what to say.
[40:55.320 --> 40:58.320]  I had absolutely no idea what I was doing.
[40:58.320 --> 41:03.320]  You know, so he says, well, it's denied
[41:03.320 --> 41:07.320]  because I could not explain to him.
[41:07.320 --> 41:11.320]  But eventually they went ahead and dismissed that entire case
[41:11.320 --> 41:14.320]  after they made me come back a second time.
[41:14.320 --> 41:16.320]  And I said, wait a minute.
[41:16.320 --> 41:17.320]  I said, I've already been through this.
[41:17.320 --> 41:20.320]  He says, I can make you come back here as many times
[41:20.320 --> 41:22.320]  as I want to.
[41:22.320 --> 41:23.320]  That may be true.
[41:23.320 --> 41:26.320]  I don't know.
[41:26.320 --> 41:33.320]  It's very specific in law 28.01 lists those things
[41:33.320 --> 41:38.320]  that judge can order you to come to court for.
[41:38.320 --> 41:44.320]  And all of them have to do with emotion or pleading except one.
[41:44.320 --> 41:47.320]  And that one is an arraignment.
[41:47.320 --> 41:56.320]  But 26.01 restricts arraignments to Class B misdemeanors
[41:56.320 --> 41:58.320]  and above.
[41:58.320 --> 42:00.320]  OK.
[42:00.320 --> 42:02.320]  So this is a Class C misdemeanor
[42:02.320 --> 42:04.320]  so he can't call you for an arraignment.
[42:04.320 --> 42:08.320]  Everything else is for emotion or pleading.
[42:08.320 --> 42:11.320]  I was also going to say the first time we went in there
[42:11.320 --> 42:18.320]  while the paperwork for that specific vehicle,
[42:18.320 --> 42:21.320]  there were things that were different in the court
[42:21.320 --> 42:26.320]  from the second time that I came, which was like 60 days later.
[42:26.320 --> 42:28.320]  It's like they had changed some things.
[42:28.320 --> 42:33.320]  And I think it had to do with things that we challenged them on.
[42:33.320 --> 42:38.320]  I can't remember exactly, but I just noticed the difference in there.
[42:38.320 --> 42:43.320]  You know, maybe we did some good in that area.
[42:43.320 --> 42:50.320]  But, you know, it just really bugs me that we don't know why they dismissed it.
[42:50.320 --> 42:52.320]  Because I want to know.
[42:52.320 --> 42:58.320]  And I want to know why, you know, we go ahead and we say that it was politics that did it.
[42:58.320 --> 43:00.320]  OK.
[43:00.320 --> 43:06.320]  I tend to lean that way also, but I want to hear it from one of the council members
[43:06.320 --> 43:09.320]  that we're in on that vote.
[43:09.320 --> 43:14.320]  That way, you know, I want to try to get, you know, everything's calm down around here.
[43:14.320 --> 43:17.320]  We're getting our road paid.
[43:17.320 --> 43:21.320]  We're getting our park equipment put in that my wife fought for.
[43:21.320 --> 43:23.320]  They're treating my wife with respect.
[43:23.320 --> 43:28.320]  Every meeting she goes to, all she has to do is raise her hand and she can speak.
[43:28.320 --> 43:31.320]  That is uncalled for.
[43:31.320 --> 43:33.320]  Hang on, hang on.
[43:33.320 --> 43:35.320]  We're about to go to break.
[43:35.320 --> 43:40.320]  Randy Kelton, Brett Fountain, Rule Law Radio.
[43:40.320 --> 43:44.320]  Call in number 512-646-1984.
[43:44.320 --> 43:46.320]  We do have some room on the board.
[43:46.320 --> 43:49.320]  If you have a question or comment, give us a call.
[43:49.320 --> 43:52.320]  We will keep the lines open all night.
[43:52.320 --> 44:00.320]  We'll be right back.
[44:00.320 --> 44:05.320]  At Capital Coin and Bullion, our mission is to be your preferred shopping destination
[44:05.320 --> 44:09.320]  by delivering excellent customer service and outstanding value at an affordable price.
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[44:59.320 --> 45:03.320]  Are you the plaintiff or defendant in a lawsuit?
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[46:23.320 --> 46:34.320]  Okay, we are back.
[46:34.320 --> 46:43.320]  Randy Kelton, Brett Pountain, rule of law radio, and we're talking to Tim in Texas.
[46:43.320 --> 46:50.320]  Okay, yeah, we were talking about that on the break.
[46:50.320 --> 46:57.320]  Brett refers to Laura as the badger they do not want to poke.
[46:57.320 --> 47:01.320]  Been there, done that, and this is what I tell people.
[47:01.320 --> 47:07.320]  If you followed the Odyssey with the Pixlers, they struggled for a couple of years with this.
[47:07.320 --> 47:14.320]  It was really hard for them, but they never knuckled under, they never gave in.
[47:14.320 --> 47:23.320]  And the city would never have backed off had they kept going straight at the city.
[47:23.320 --> 47:28.320]  It's just you push somebody, they push back, they can't help it.
[47:28.320 --> 47:36.320]  And I asked them not to go back after the city, and they didn't, but they wanted to.
[47:36.320 --> 47:38.320]  They wanted to defend themselves.
[47:38.320 --> 47:43.320]  And when we got to the right time, we turned the city against the lawyers.
[47:43.320 --> 47:54.320]  And once the city got out of this fight with the Pixlers, I doubt that you could tie the city council up and throw them at the Pixlers.
[47:54.320 --> 48:00.320]  They do not ever want to go back there again.
[48:00.320 --> 48:03.320]  That's the way all of them are when you fight them.
[48:03.320 --> 48:13.320]  Last night at the council meeting, the attorneys were there to go over the budget, what was spent, and Andy Messer was there.
[48:13.320 --> 48:23.320]  And if I'm not mistaken, I think it was, they went $14,000 over the budget for the entire attorney fees.
[48:23.320 --> 48:27.320]  And that was just for the first, the last year.
[48:27.320 --> 48:36.320]  Well, I guess it would be this year, yeah. So that's the end of October to the beginning of October here.
[48:36.320 --> 48:40.320]  And you should go in and ask for all of the building records.
[48:40.320 --> 48:45.320]  Well, you know, every time that we did that, Brett did me a favor.
[48:45.320 --> 48:47.320]  Brett really worked for me.
[48:47.320 --> 48:52.320]  He sent me in, I think, 10 records requests.
[48:52.320 --> 49:05.320]  Brett, would you explain to Randy exactly how the attorneys were doing this illegally when they would respond to you?
[49:05.320 --> 49:10.320]  Well, I think there was a whole lot more than 10.
[49:10.320 --> 49:17.320]  I think it was, I think it was 34 of them that I sent in there.
[49:17.320 --> 49:28.320]  And yeah, the attorneys, they would get in between me and the records custodian and start responding on behalf of the records custodian.
[49:28.320 --> 49:36.320]  And I said, what are you trying to do? Impersonate a public official? Who are you? I don't deal with third parties.
[49:36.320 --> 49:44.320]  You want to advise them or they hire you to be their lawyer? Great. Give them some advice, but I'm not talking to you.
[49:44.320 --> 49:52.320]  And they never did allow that lady to produce any of the records.
[49:52.320 --> 50:01.320]  So I started filing criminal complaints and bar grieving the partners of the law firm.
[50:01.320 --> 50:05.320]  See, I didn't realize you had done that.
[50:05.320 --> 50:18.320]  I guess you have copies of all that. I was going to say something also last night, Andy Messer drove there in his Tesla.
[50:18.320 --> 50:20.320]  That's not a cheap car.
[50:20.320 --> 50:25.320]  No, no, there's like 100 grand.
[50:25.320 --> 50:35.320]  He's just, that's kind of flaunting it, you know, but he's got all these small towns that all we can handle. Don't worry, you will never have another problem.
[50:35.320 --> 50:46.320]  And that's how they came at me. Oh, this guy giving you a hard time. They had just taken over the attorney duties for this city.
[50:46.320 --> 50:57.320]  And I was their first big case and they messed it up, you know, so, but they still got paid.
[50:57.320 --> 51:04.320]  So I think it's something that maybe I need to point out to the citizens here since a lot of them stood up.
[51:04.320 --> 51:11.320]  You know, Facebook is a pretty good thing for that because a lot of good information gets out there and my wife has made a lot of good friends.
[51:11.320 --> 51:16.320]  One of the ladies that was on the administrative board that had it in for us is now our friend.
[51:16.320 --> 51:24.320]  So, you know, and then the city administrator, she had to step down because of some other things that she had done.
[51:24.320 --> 51:40.320]  She had to resign and but just a lot of stuff has changed, but I don't want to lose what we've gained in this town just to let them come in and do it to someone else.
[51:40.320 --> 51:50.320]  Does that make sense? What does that mean? Well, okay.
[51:50.320 --> 51:56.320]  Does that mean you want to make sure you go after these lawyers and not let them off? Yeah.
[51:56.320 --> 52:05.320]  Well, if they're not bothering me, then, you know, I'm not going to worry about it and that's the attitude of a lot of people.
[52:05.320 --> 52:16.320]  And the only reason that I had people coming down there, I had a lot of family, my wife's family, and then I had a lot of friends who were customers.
[52:16.320 --> 52:20.320]  And so they said, hey, this ain't right. And so they came down and they protested.
[52:20.320 --> 52:27.320]  And so looking at that, you know, if I just let it go and say, well, they're being nice.
[52:27.320 --> 52:45.320]  I really think the council, it was probably them saying, you know, they could see less individually if it gets made known that we were conspiring against him illegally because they're the ones who got in there.
[52:45.320 --> 52:57.320]  Under the influence of the attorneys and, okay, the last-minute administrative board, which was illegal.
[52:57.320 --> 53:07.320]  And, you know, I guess I was going to tell you this, the past six months there have not been any attorneys at the council meeting.
[53:07.320 --> 53:18.320]  So last night, that's because they're coming up, August, they're coming up for the first budget workshop, getting ready for the next year.
[53:18.320 --> 53:26.320]  So this is the first time in six months since January, and that's when they wrote our dismissal.
[53:26.320 --> 53:32.320]  So every time they have a council meeting, I ask my wife, were the attorneys there? She goes, no, didn't see them.
[53:32.320 --> 53:39.320]  So usually they have one there the entire meeting.
[53:39.320 --> 53:47.320]  So I guess it means the council's not happy with them. How long do they have a contract for?
[53:47.320 --> 53:50.320]  I don't know that either, Randy.
[53:50.320 --> 54:09.320]  If you... I'll try to remember these things that you're telling me to ask, but, you know, we have to do everything in written form. So I'll have to put in records requests for these, and then we'll have to wait for ten business days, excluding holidays, to get the answers back from them.
[54:09.320 --> 54:15.320]  And hopefully they won't send an attorney. You know, hopefully they'll just answer these questions.
[54:15.320 --> 54:32.320]  So, anyway. If you ask for the attorney's contract, they will probably give that to you because there's going to be no question that all contracts with the city are public.
[54:32.320 --> 54:34.320]  That's not a question they can have.
[54:34.320 --> 54:35.320]  Right.
[54:35.320 --> 54:43.320]  And good chance the lawyers are not going to want anything to do with you anyway.
[54:43.320 --> 54:48.320]  Well, as long as they're getting paid, I don't see why not.
[54:48.320 --> 54:52.320]  Well, they figured you're coming after them.
[54:52.320 --> 54:54.320]  You think so, huh?
[54:54.320 --> 55:02.320]  I don't think they've ever had anybody turn the city against them the way you did.
[55:02.320 --> 55:05.320]  And they can't imagine that you're going to let them go.
[55:05.320 --> 55:14.320]  See, the only friend we have on the council is the lady that we got appointed. We went out and got all the signatures and got her appointed.
[55:14.320 --> 55:19.320]  It took four months of them delaying everything.
[55:19.320 --> 55:25.320]  But once we got her on there, but she's not really in the loop with the others.
[55:25.320 --> 55:35.320]  And so I've got to figure out how to get someone to say, why did John dismiss that case? You know what I mean?
[55:35.320 --> 55:41.320]  Somebody that they can trust to tell so that I can get the straight.
[55:41.320 --> 55:42.320]  Okay.
[55:42.320 --> 55:47.320]  Yeah, good. Maybe that you never find that out. Okay.
[55:47.320 --> 55:50.320]  I am getting the call boards are filling up.
[55:50.320 --> 55:53.320]  So, I'll leave.
[55:53.320 --> 55:55.320]  Okay. Thank you, Tim.
[55:55.320 --> 55:56.320]  Thank you.
[55:56.320 --> 56:01.320]  Okay. Now we're going to go to Shane in New York.
[56:01.320 --> 56:07.320]  Let me, my board just blanked out for a minute. Okay. Now you're unmuted. Go ahead, Shane.
[56:07.320 --> 56:09.320]  What do you have for us today?
[56:09.320 --> 56:11.320]  Hi, Randy. How are you doing?
[56:11.320 --> 56:13.320]  Doing good. What do you got?
[56:13.320 --> 56:21.320]  Okay. Well, let me just give you a quick review so the listeners can understand what I've been going through.
[56:21.320 --> 56:29.320]  But my mom filed bankruptcy last year regarding a foreclosure case.
[56:29.320 --> 56:36.320]  Key bank filed a motion to lift the stay back in March. It was granted.
[56:36.320 --> 56:45.320]  And so that whole foreclosure process began back on April 1st again because they sent everything back down to the county.
[56:45.320 --> 56:54.320]  In the meantime, we appealed the stay in the district court still pending as we speak right now that they haven't made any rulings on that.
[56:54.320 --> 57:00.320]  In the meantime, we filed two motions to dismiss the foreclosure case.
[57:00.320 --> 57:08.320]  One for them not filing a motion for summary judgment and foreclosure sale back on last year before we filed the bankruptcy.
[57:08.320 --> 57:18.320]  Number two, they issued an order to the referee to sell the property on July 24th, 2019, which is this upcoming Wednesday.
[57:18.320 --> 57:24.320]  So they're going to sell the property. And the reason why we filed a motion on that is because there was no hearing on it.
[57:24.320 --> 57:29.320]  There was no way to have a hearing on what is owed.
[57:29.320 --> 57:36.320]  And they just went ahead and issued an order to a substitute referee, the one that originally had it bailed out.
[57:36.320 --> 57:43.320]  So in the meantime, we were not getting any data set for those two motions at the county.
[57:43.320 --> 57:46.320]  We kept on calling, emailing, calling, nothing.
[57:46.320 --> 57:51.320]  So we went and saw the Chief Judge July 11th on a Thursday afternoon.
[57:51.320 --> 57:55.320]  The Chief Judge overlooks all the judges and within 30 minutes we got a phone call.
[57:55.320 --> 58:04.320]  And there's going to be a ruling on those two motions in the county level to dismiss the foreclosure case.
[58:04.320 --> 58:07.320]  On Monday, it's done on submissions.
[58:07.320 --> 58:11.320]  No oral hearing or anything which can be done on Monday.
[58:11.320 --> 58:13.320]  And I believe they're going to disdeny them.
[58:13.320 --> 58:18.320]  They're going to come up with some kind of nonsense and deny both motions, let the sale proceed.
[58:18.320 --> 58:31.320]  So what I did today, Randy, is I put together my bankruptcy chapter 13 and filed it around 4 o'clock Eastern time today.
[58:31.320 --> 58:38.320]  I did the two-hour class online and did the voluntary chapter 13.
[58:38.320 --> 58:45.320]  And the reason why I did that, Randy, is because I have a quick claim on the property from two years ago.
[58:45.320 --> 58:48.320]  So I paid the filing fee.
[58:48.320 --> 58:50.320]  Hang on.
[58:50.320 --> 58:54.320]  Would you like to make more definite progress in your walk with God?
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[59:27.320 --> 59:40.320]  To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll free at 888-551-0102.
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[59:44.320 --> 59:49.320]  Or visit us online at bfa.org.
[59:49.320 --> 59:59.320]  You're listening to the Logos Radio Network at www.logosradio-network.com.
[01:00:19.320 --> 01:00:29.320]  In 2017, open with precious metals, gold at $1,407.70 an ounce, silver $15.25 an ounce, copper $2.73 an ounce, platinum $808 an ounce,
[01:00:29.320 --> 01:00:40.320]  oil, Texas crude $57.83 a barrel, Brent crude $65.05 a barrel, and the top five cryptos in order of market cap, Bitcoin at $12,707 a coin,
[01:00:40.320 --> 01:00:54.320]  Ethereum $332.57 a coin, XRP Ripple $47 a coin, Bitcoin Cash $490.04 a coin, and Lite Coins at $135.40 a crypto coin.
[01:00:54.320 --> 01:01:02.320]  Today in History, the year 1870, the Roman Catholic holiday of Christmas is declared a federal holiday in the United States.
[01:01:02.320 --> 01:01:07.320]  Today in History.
[01:01:07.320 --> 01:01:13.320]  In recent years, Representative Michael Burgess, Republican from the 26th Texas Congressional District, centering in Denton County,
[01:01:13.320 --> 01:01:21.320]  defended the controversial conditions in which the facilities being used to house child immigrants are supposedly found in on MSNBC earlier this week.
[01:01:21.320 --> 01:01:28.320]  The lawmaker stated, quote, I've been to Casa Padre in Brownsville, Texas, and yes, it's a restored Walmart.
[01:01:28.320 --> 01:01:34.320]  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.
[01:01:34.320 --> 01:01:36.320]  You know why? Because they are well taken care of.
[01:01:36.320 --> 01:01:39.320]  And that they are, quote, free to leave at any time.
[01:01:39.320 --> 01:01:46.320]  Apparently children must leave the facility with a parent or guardian who has passed a background check if they wish to stay in the United States.
[01:01:46.320 --> 01:01:53.320]  But the child is free to leave by themselves if they return to where they came from.
[01:01:53.320 --> 01:02:01.320]  General Motors Company is planning on investing $20 million at its Arlington Assembly plant in order to fit it to build the next generation of GM's full-size SUVs.
[01:02:01.320 --> 01:02:08.320]  General Johnson, GM Executive Vice President of Global Manufacturing, stated that, quote, we've been building trucks in Texas for more than 20 years,
[01:02:08.320 --> 01:02:14.320]  and our additional investment in Arlington Assembly is proof of our commitment and confidence in our Arlington team.
[01:02:14.320 --> 01:02:26.320]  The automaker built the Chevrolet Tahoe and Suburban, the GMC Yukon and Yukon XL, and the Cadillac Escalade at the 250-acre Arlington plant.
[01:02:26.320 --> 01:02:32.320]  Findings in a report released by the insurance company Allstate looked into collision claims across the U.S.
[01:02:32.320 --> 01:02:39.320]  Two Texas cities made the list of safest cities to drive in with Laredo at number five and McAllen at number nine.
[01:02:39.320 --> 01:02:41.320]  So let's keep driving safe, Texas.
[01:02:41.320 --> 01:03:00.320]  The lowdown is currently looking for sponsors. You have a product or a service item advertiser, but feel free to shoot me an e-mail at rickrodyatprotomail.com, and that's rickrodyrohddeatprotomail.com. This was the lowdown for June 26, 2019.
[01:03:00.320 --> 01:03:11.320]  The lowdown is currently looking for sponsors. You have a product or a service item advertiser, but feel free to shoot me an e-mail at rickrodyatprotomail.com.
[01:03:30.320 --> 01:03:46.320]  Okay, we are back. Randy Kelton, Brett Fountain, my tang got tangled.
[01:03:46.320 --> 01:04:01.320]  At Rootify Radio and we're talking to Shane in New York. Okay, Shane, you had a quick claim. You filed a Chapter 13 bankruptcy. Did you get the stay?
[01:04:01.320 --> 01:04:05.320]  Well, here, I just filed it around four o'clock this afternoon.
[01:04:05.320 --> 01:04:16.320]  Okay, you asked for the stay on the property? Okay, you included the quick claim in it so the stay is automatic.
[01:04:16.320 --> 01:04:28.320]  Right. Well, here's what I want to tell you. This whole thing was a mistake. I just assumed that back in August of 2017 that I filed a quick claim.
[01:04:28.320 --> 01:04:39.320]  By the way, I've been making all the tax payments for the last two years on the property. It's a property that our whole family grew up in back in the 70s, so we've had it for over 40 years.
[01:04:39.320 --> 01:04:46.320]  Okay, four acres, a nice pond in the back, and so it's our roots, it's where we came from.
[01:04:46.320 --> 01:04:58.320]  Not knowing the future, I thought maybe if I filed a quick claim, I could be able to file motions and get involved in the court case and the county level and the state level, and I found out I was 100% wrong.
[01:04:58.320 --> 01:05:06.320]  They would not let me speak. They had bells around me. Only your mom can speak, and so I got nowhere.
[01:05:06.320 --> 01:05:11.320]  And it was very, very frustrating because my poor mom, all she knows how to do is cook.
[01:05:11.320 --> 01:05:21.320]  So I had to write up these statements for her, and any time I reached over to Barr, Boyle Boyle was like Rob in a bank, and they would not let me speak or anything or talk to her.
[01:05:21.320 --> 01:05:24.320]  So it's been a real rough four years.
[01:05:24.320 --> 01:05:34.320]  Did you file against the judge for denying your mother and your wife to counsel a choice?
[01:05:34.320 --> 01:05:42.320]  You know, I really need to file a bar complaint, or I'm sorry, a judicial complaint on that, and I have not.
[01:05:42.320 --> 01:05:48.320]  I don't know if it was one judge, but I need to do it with another one, too, but the answer is no. Not yet.
[01:05:48.320 --> 01:05:49.320]  Okay.
[01:05:49.320 --> 01:05:50.320]  But I will.
[01:05:50.320 --> 01:05:51.320]  Okay, trust me.
[01:05:51.320 --> 01:05:52.320]  I will.
[01:05:52.320 --> 01:05:55.320]  So what's your position now?
[01:05:55.320 --> 01:06:00.320]  Well, my position right now, obviously, is to stop the sale on Wednesday.
[01:06:00.320 --> 01:06:09.320]  From everything that I've reviewed and everything I looked over, and this actually all happened within the last two weeks because they're just denying everything.
[01:06:09.320 --> 01:06:22.320]  Meanwhile, we have the state to be put back into the estate bankruptcy for my mom is still pending at the appellate court and the district court above the bankruptcy court, and they're just sitting on it.
[01:06:22.320 --> 01:06:25.320]  And the motions and the county level, they're just sitting on it.
[01:06:25.320 --> 01:06:32.320]  Everybody's just sitting, nobody's calling us back in their way for the clock to run the sale on Wednesday and in turn sell it.
[01:06:32.320 --> 01:06:36.320]  But how long have these motions been in the court?
[01:06:36.320 --> 01:06:38.320]  Two months.
[01:06:38.320 --> 01:06:43.320]  And have you tried to set them for hearing?
[01:06:43.320 --> 01:06:52.320]  Yes, finally, finally, finally, finally, after making several phone calls to the chief judge that overlooks the state and county judges,
[01:06:52.320 --> 01:06:57.320]  she called us within 30 minutes after we called them up and said, we're not getting a date.
[01:06:57.320 --> 01:07:07.320]  We actually drove down there and talked to the law clerk that overlooks all the judges and they put us on the calendar for July 22, which is a Monday on submission only.
[01:07:07.320 --> 01:07:12.320]  No or argument.
[01:07:12.320 --> 01:07:15.320]  Okay, and the sale is Wednesday?
[01:07:15.320 --> 01:07:16.320]  Wednesday.
[01:07:16.320 --> 01:07:19.320]  So that's why I went down to the bankruptcy court today.
[01:07:19.320 --> 01:07:31.320]  Have your appeal already written and file the appeal and move for a emergency restraining order?
[01:07:31.320 --> 01:07:36.320]  Right, but we can only file that at the appellate court, not the county court.
[01:07:36.320 --> 01:07:44.320]  Yeah, but you file it at the appellate court and ask for an emergency restraining order. They'll generally sign it right there.
[01:07:44.320 --> 01:07:50.320]  Okay, yeah, because the appellate court is about an hour and 45 minute drive.
[01:07:50.320 --> 01:07:52.320]  Okay.
[01:07:52.320 --> 01:08:06.320]  That's in Rochester. But the reason why I'm explaining all this to you is that I didn't know the future, but I did a really good thing by doing a quick claim on the property.
[01:08:06.320 --> 01:08:17.320]  And now that I'm the owner and they're going to sell it, that from everything I reviewed, that should stop the sale, but doesn't mean I'm going to lay around and just, you know, not do anything.
[01:08:17.320 --> 01:08:18.320]  I'm going to keep moving forward.
[01:08:18.320 --> 01:08:23.320]  Yeah, you're going to do the red folder treatment.
[01:08:23.320 --> 01:08:25.320]  Are you familiar with that?
[01:08:25.320 --> 01:08:27.320]  Say that again, Randy.
[01:08:27.320 --> 01:08:30.320]  Are you familiar with the red folder treatment?
[01:08:30.320 --> 01:08:32.320]  The red folder treatment, no. Tell me.
[01:08:32.320 --> 01:08:39.320]  You go down to the sale if you think you're going to have it with a red folder with some papers in it.
[01:08:39.320 --> 01:08:53.320]  When they call this property, you stand up, hold up the red folder, tell everybody there's a claim against the property, buy the property, you buy the claim.
[01:08:53.320 --> 01:08:59.320]  And generally the only one who will buy it at that point will be the bank.
[01:08:59.320 --> 01:09:05.320]  And if the bank buys it, that's not necessarily a bad thing.
[01:09:05.320 --> 01:09:06.320]  Okay.
[01:09:06.320 --> 01:09:13.320]  Because the bank won't try to evict you as long as there is litigation in place.
[01:09:13.320 --> 01:09:16.320]  Yes, that's what I was told.
[01:09:16.320 --> 01:09:25.320]  But do you think your own personal opinion, do you think I did the right thing by going down there and getting that stuff filed?
[01:09:25.320 --> 01:09:27.320]  Yes.
[01:09:27.320 --> 01:09:28.320]  Okay.
[01:09:28.320 --> 01:09:29.320]  All right.
[01:09:29.320 --> 01:09:31.320]  My whole purpose is to stop it.
[01:09:31.320 --> 01:09:37.320]  And I can still file my objections and all that, but right now I want to stop the sale.
[01:09:37.320 --> 01:09:45.320]  But we definitely have the law and facts on our side because they don't have any of the documents to even do the foreclosure.
[01:09:45.320 --> 01:09:46.320]  You know, key bank does.
[01:09:46.320 --> 01:09:47.320]  They don't have the note.
[01:09:47.320 --> 01:09:48.320]  They don't have the assignment.
[01:09:48.320 --> 01:09:49.320]  They don't have anything.
[01:09:49.320 --> 01:09:51.320]  It's really disgusting.
[01:09:51.320 --> 01:09:53.320]  Have you countersued them?
[01:09:53.320 --> 01:09:55.320]  Yes.
[01:09:55.320 --> 01:09:57.320]  How is that going?
[01:09:57.320 --> 01:09:58.320]  Yes.
[01:09:58.320 --> 01:10:03.320]  It's still pending in the district court right now.
[01:10:03.320 --> 01:10:09.320]  We got two federal lawsuits and they're still pending and they're still moving forward with the sale.
[01:10:09.320 --> 01:10:10.320]  So I said, you know what?
[01:10:10.320 --> 01:10:12.320]  They probably are going to try to sell it.
[01:10:12.320 --> 01:10:13.320]  So I wanted to...
[01:10:13.320 --> 01:10:19.320]  What they're likely to do is they want to have the right to sell it.
[01:10:19.320 --> 01:10:27.320]  As long as there is adjudication in case the likelihood of them actually selling it somewhere between little and none.
[01:10:27.320 --> 01:10:28.320]  Right.
[01:10:28.320 --> 01:10:40.320]  If they sell that and then they get a ruling against them, their liability increases astronomically.
[01:10:40.320 --> 01:10:48.320]  So they want to get the right to sell it and they will tell you that they're going to put it up for sale every month.
[01:10:48.320 --> 01:10:51.320]  But then when you get there, it doesn't come up.
[01:10:51.320 --> 01:10:54.320]  And that's just to put pressure on you.
[01:10:54.320 --> 01:10:57.320]  This has been my experience.
[01:10:57.320 --> 01:10:58.320]  I got you.
[01:10:58.320 --> 01:11:02.320]  So you think that they're just doing that to...
[01:11:02.320 --> 01:11:04.320]  Pressure on you.
[01:11:04.320 --> 01:11:05.320]  Squeeze on you.
[01:11:05.320 --> 01:11:06.320]  That's right.
[01:11:06.320 --> 01:11:07.320]  Yes.
[01:11:07.320 --> 01:11:09.320]  But here's what I want to tell you.
[01:11:09.320 --> 01:11:11.320]  I talked to the deputy clerk.
[01:11:11.320 --> 01:11:13.320]  We're in Erie County, by the way.
[01:11:13.320 --> 01:11:19.320]  By the way, as I'm speaking to you right now, we broke an all-time high today.
[01:11:19.320 --> 01:11:23.320]  And it's 81 degrees in Buffalo at 12 o'clock at night, which is unheard of.
[01:11:23.320 --> 01:11:24.320]  This has never happened.
[01:11:24.320 --> 01:11:26.320]  I don't think it's ever happened before.
[01:11:26.320 --> 01:11:27.320]  You should go to Texas.
[01:11:27.320 --> 01:11:29.320]  It never gets hot in Texas.
[01:11:29.320 --> 01:11:30.320]  Yeah.
[01:11:30.320 --> 01:11:34.320]  Well, that's a different story.
[01:11:34.320 --> 01:11:37.320]  And we wouldn't lie about that either.
[01:11:37.320 --> 01:11:42.320]  Would hot be four digits of temperature?
[01:11:42.320 --> 01:11:44.320]  We don't get weather like this.
[01:11:44.320 --> 01:11:47.320]  Even during the hot seasons, we don't get weather like this.
[01:11:47.320 --> 01:11:53.320]  But I just want to let you know that we've got the bankruptcy in.
[01:11:53.320 --> 01:11:58.320]  I can't really do anything right now because I'm probably going to file a motion for extension
[01:11:58.320 --> 01:12:01.320]  of time to get the rest of the schedules done.
[01:12:01.320 --> 01:12:03.320]  And I got most of the stuff filed today.
[01:12:03.320 --> 01:12:10.320]  And by the way, the rule, if you need more time, I think the maximum level,
[01:12:10.320 --> 01:12:14.320]  for sort of the bankruptcy rule, I think it's 45 days.
[01:12:14.320 --> 01:12:17.320]  So I'll probably get some a little bit more extra time on that.
[01:12:17.320 --> 01:12:22.320]  But Randy, what I was going to ask you is, I don't know if you know a lot about bankruptcy
[01:12:22.320 --> 01:12:28.320]  and if we file the objections on behalf of the proof of claim once they file it,
[01:12:28.320 --> 01:12:33.320]  but I believe you can file a subpoena to have them establish the original note.
[01:12:33.320 --> 01:12:35.320]  Could you, in bankruptcy court?
[01:12:35.320 --> 01:12:36.320]  Okay.
[01:12:36.320 --> 01:12:38.320]  This is how you have to do it.
[01:12:38.320 --> 01:12:46.320]  They have to, in bankruptcy, if you have a quick claim, then they have to come in
[01:12:46.320 --> 01:12:48.320]  and bring their claim.
[01:12:48.320 --> 01:12:50.320]  And you can challenge the claim.
[01:12:50.320 --> 01:12:51.320]  They have to prove it up.
[01:12:51.320 --> 01:12:55.320]  But if you have a corrupt court, it doesn't make any difference.
[01:12:55.320 --> 01:12:58.320]  Your mom's already been through bankruptcy.
[01:12:58.320 --> 01:13:07.320]  And the bankruptcy court sounded like the trustee was bought off by the banks.
[01:13:07.320 --> 01:13:11.320]  Yeah, of course.
[01:13:11.320 --> 01:13:21.320]  So, you know, there is what's supposed to be done and then there is what is actually done.
[01:13:21.320 --> 01:13:28.320]  So to ask what they'll do, I don't know, but it's been my experience that anytime you have litigation,
[01:13:28.320 --> 01:13:29.320]  they do not.
[01:13:29.320 --> 01:13:35.320]  They may sell it, but they tend to buy it back themselves and they will not evict.
[01:13:35.320 --> 01:13:41.320]  If you do the red folder treatment, you'll pretty well keep anybody else from buying it.
[01:13:41.320 --> 01:13:44.320]  The red folder treatment, I like it.
[01:13:44.320 --> 01:13:50.320]  So when you walk in there, do you actually bring the docket sheet with you or what would you bring in that way?
[01:13:50.320 --> 01:13:56.320]  Yeah, just a red folder with some papers in it.
[01:13:56.320 --> 01:13:58.320]  Gotcha.
[01:13:58.320 --> 01:14:05.320]  But the bankruptcy rule is pretty clear.
[01:14:05.320 --> 01:14:08.320]  If you file a, from my understanding, they really technically can't move forward until then.
[01:14:08.320 --> 01:14:09.320]  Right.
[01:14:09.320 --> 01:14:10.320]  There's an automatic stay.
[01:14:10.320 --> 01:14:11.320]  Right.
[01:14:11.320 --> 01:14:13.320]  It's fully adjudicated, but it's really.
[01:14:13.320 --> 01:14:16.320]  We've used that a number of times.
[01:14:16.320 --> 01:14:26.320]  We had a constable threaten to shoot his dogs if he didn't get him off the property after there was a stay.
[01:14:26.320 --> 01:14:33.320]  And when the judge found out about it, the federal judge was really, really unhappy.
[01:14:33.320 --> 01:14:38.320]  And the county got real careful, real fast.
[01:14:38.320 --> 01:14:48.320]  The federal judge wanted to know who told that constable to go out there and shoot those dogs.
[01:14:48.320 --> 01:14:50.320]  He said it got real.
[01:14:50.320 --> 01:14:55.320]  They were in a room and they were talking to the judge on the phone.
[01:14:55.320 --> 01:15:00.320]  We got real quiet in there.
[01:15:00.320 --> 01:15:06.320]  That federal, that's bankruptcy stay.
[01:15:06.320 --> 01:15:09.320]  It tends to get everybody's attention.
[01:15:09.320 --> 01:15:11.320]  Yeah, they think that real seriously.
[01:15:11.320 --> 01:15:12.320]  Yeah, they think that real seriously.
[01:15:12.320 --> 01:15:16.320]  I just wanted to let you know I followed through on so far and everything.
[01:15:16.320 --> 01:15:19.320]  And this has been going on since, what, 2015.
[01:15:19.320 --> 01:15:24.320]  But one thing I want to tell you before you go to the next caller is the attorney is fine
[01:15:24.320 --> 01:15:27.320]  such in crane up in Rochester, New York.
[01:15:27.320 --> 01:15:33.320]  Just one attorney, David P. Case, actually filed a opposition or two motions in this mess.
[01:15:33.320 --> 01:15:36.320]  And it was like almost 700 pages long, Randy.
[01:15:36.320 --> 01:15:38.320]  700 pages.
[01:15:38.320 --> 01:15:41.320]  And was most of it exhibits?
[01:15:41.320 --> 01:15:44.320]  Well, the main document was like 25 pages.
[01:15:44.320 --> 01:15:52.320]  Yeah, it was just exhibits about pretty much nonsense, all garbage, they made a copy to note which they don't have to know.
[01:15:52.320 --> 01:15:57.320]  They only have a copy of Edmund and just, just garbage, just garbage.
[01:15:57.320 --> 01:16:01.320]  So I guess they're building the bank for these, these motions, but they're gigantic.
[01:16:01.320 --> 01:16:05.320]  And they just spend like almost $20 million to us.
[01:16:05.320 --> 01:16:10.320]  And they why, and they why, and they why it's unbelievable.
[01:16:10.320 --> 01:16:13.320]  It's enough to get you, keep you up at all night.
[01:16:13.320 --> 01:16:16.320]  You know, they said we didn't answer the petition we did and we didn't do this.
[01:16:16.320 --> 01:16:17.320]  We didn't do that.
[01:16:17.320 --> 01:16:18.320]  Your time's expired.
[01:16:18.320 --> 01:16:22.320]  Now you can't file a motion to dismiss because that time is long gone.
[01:16:22.320 --> 01:16:23.320]  And it doesn't matter.
[01:16:23.320 --> 01:16:27.320]  We didn't file a motion for summary judgment and foreclosure of the sale because that time is long gone.
[01:16:27.320 --> 01:16:31.320]  You don't, you don't have to respond to you and ask for sanctions.
[01:16:31.320 --> 01:16:32.320]  Okay.
[01:16:32.320 --> 01:16:33.320]  Hang on.
[01:16:33.320 --> 01:16:34.320]  Hang on.
[01:16:34.320 --> 01:16:35.320]  We're about to go to break.
[01:16:35.320 --> 01:16:37.320]  We'll finish this up on the other side.
[01:16:37.320 --> 01:16:39.320]  We will go to Greg in Tennessee.
[01:16:39.320 --> 01:16:45.320]  This is Randy Kelton, Brett Fountain, rule of our radio.
[01:16:45.320 --> 01:16:49.320]  Let's see, we've got three segments left and two more callers.
[01:16:49.320 --> 01:16:54.320]  So I won't give out the calling numbers because we'll probably finish up with what we have.
[01:16:54.320 --> 01:17:23.320]  We'll be right back.
[01:17:24.320 --> 01:17:50.320]  We'll be right back.
[01:17:50.320 --> 01:18:16.320]  We'll be right back.
[01:18:16.320 --> 01:18:43.320]  We'll be right back.
[01:18:43.320 --> 01:19:12.320]  We'll be right back.
[01:19:12.320 --> 01:19:18.320]  Oh, come on.
[01:19:18.320 --> 01:19:19.320]  Okay.
[01:19:19.320 --> 01:19:20.320]  We are back.
[01:19:20.320 --> 01:19:28.320]  Randy Kelton, Brett Fountain, rule of the radio and we're talking to Shane in New York.
[01:19:28.320 --> 01:19:29.320]  Shane.
[01:19:29.320 --> 01:19:31.320]  I'll be real quick, Randy.
[01:19:31.320 --> 01:19:32.320]  I just want to finish this up.
[01:19:32.320 --> 01:19:38.320]  But what's so amazing about this whole thing about my mom's bankruptcy case has been going on well over a year.
[01:19:38.320 --> 01:19:43.320]  And the judge even said on the record, this is a very extraordinary case.
[01:19:43.320 --> 01:19:49.320]  And in the meantime, the IRS filed a $250,000 proof of claim.
[01:19:49.320 --> 01:19:56.320]  New York State Taxation Department filed a $100,000 claim and it's completely fraudulent.
[01:19:56.320 --> 01:19:58.320]  There claims are.
[01:19:58.320 --> 01:20:00.320]  But I just want to let you know something else too.
[01:20:00.320 --> 01:20:07.320]  We filed an adversary proceeding three months ago, added the IRS to it and all the attorneys and everything.
[01:20:07.320 --> 01:20:10.320]  And as soon as we did that, their proof of claim dropped.
[01:20:10.320 --> 01:20:13.320]  And now it's called priority claim.
[01:20:13.320 --> 01:20:23.320]  It's dropped all the way down to like, let's see here, $4,500.
[01:20:23.320 --> 01:20:26.320]  So it dropped all the way down to $4,500.
[01:20:26.320 --> 01:20:27.320]  Whoa.
[01:20:27.320 --> 01:20:28.320]  Hold on.
[01:20:28.320 --> 01:20:30.320]  How did they do that?
[01:20:30.320 --> 01:20:31.320]  I don't know.
[01:20:31.320 --> 01:20:37.320]  It was originally, it went from like some crazy amount of money, like $150,000 down to $50,000.
[01:20:37.320 --> 01:20:39.320]  And then it's all the way down to like $4,000.
[01:20:39.320 --> 01:20:44.320]  And New York's priority claim dropped from $99,000 down to $2,200.
[01:20:44.320 --> 01:20:48.320]  Ever since we filed an adversary proceeding.
[01:20:48.320 --> 01:20:54.320]  Because they filed a privilege plea and they couldn't back up.
[01:20:54.320 --> 01:20:55.320]  Yes.
[01:20:55.320 --> 01:20:58.320]  We should go after them for that.
[01:20:58.320 --> 01:21:01.320]  Well, we're working on it.
[01:21:01.320 --> 01:21:03.320]  There's only so much I can do Randy.
[01:21:03.320 --> 01:21:04.320]  Yeah, I understand.
[01:21:04.320 --> 01:21:05.320]  I understand.
[01:21:05.320 --> 01:21:07.320]  That's what happens when you get into these issues.
[01:21:07.320 --> 01:21:10.320]  You get more than you can keep up with.
[01:21:10.320 --> 01:21:12.320]  Yeah, it's a one cylinder engine.
[01:21:12.320 --> 01:21:14.320]  But the good news, it's still running.
[01:21:14.320 --> 01:21:17.320]  We're putting a little gas in there and I'm the cylinder.
[01:21:17.320 --> 01:21:20.320]  And I'm the one that's pushing all the buttons.
[01:21:20.320 --> 01:21:22.320]  And so we're still moving forward.
[01:21:22.320 --> 01:21:24.320]  So it looks like it might have stopped the sale for Wednesday.
[01:21:24.320 --> 01:21:26.320]  It'll buy me some more time.
[01:21:26.320 --> 01:21:31.320]  But you also drag them into court with you and now you can speak.
[01:21:31.320 --> 01:21:34.320]  Oh, they don't want that.
[01:21:34.320 --> 01:21:35.320]  Good.
[01:21:35.320 --> 01:21:36.320]  They don't want that.
[01:21:36.320 --> 01:21:37.320]  Yeah.
[01:21:37.320 --> 01:21:42.320]  So the great news is I can relitigate those proof of claims once they file on.
[01:21:42.320 --> 01:21:47.320]  And of course, I'm going to ask for the extra time because I have to order my credit reports because this decision just happened within the last week.
[01:21:47.320 --> 01:21:49.320]  I didn't know what I was going to do.
[01:21:49.320 --> 01:21:56.320]  And but there's no way the county court is going to be a firm in the fourth department of Rochester.
[01:21:56.320 --> 01:21:59.320]  That's our appellate court for the county court, by the way.
[01:21:59.320 --> 01:22:08.320]  Randy, have you ever heard a summary judgment in granted in favor of the lender with no motion even filed?
[01:22:08.320 --> 01:22:10.320]  Well, I heard of that kind of thing.
[01:22:10.320 --> 01:22:14.320]  The judges tend to be bought and paid for.
[01:22:14.320 --> 01:22:18.320]  And you have to file criminally against the judge.
[01:22:18.320 --> 01:22:21.320]  Oh, wait a minute. Hold on.
[01:22:21.320 --> 01:22:28.320]  There are things the judge judges can do to respond to.
[01:22:28.320 --> 01:22:32.320]  But have to see the order.
[01:22:32.320 --> 01:22:37.320]  If this is federal, they're going to have a judgment with the order.
[01:22:37.320 --> 01:22:42.320]  And the judgment will be your findings of factor conclusions at law.
[01:22:42.320 --> 01:22:44.320]  It went back to the county level.
[01:22:44.320 --> 01:22:52.320]  And there was no motion filed. They granted summary judgment of favor of key bank on my motion to dismiss and motion for joiner.
[01:22:52.320 --> 01:22:56.320]  And I had to pay $45 for both motions, so they granted it.
[01:22:56.320 --> 01:22:58.320]  And the attorney that wrote it never even showed up.
[01:22:58.320 --> 01:23:01.320]  He hired another attorney to walk in and speak on behalf of him.
[01:23:01.320 --> 01:23:03.320]  So you got hearsay on top of hearsay.
[01:23:03.320 --> 01:23:05.320]  And they denied my motions.
[01:23:05.320 --> 01:23:06.320]  Okay.
[01:23:06.320 --> 01:23:07.320]  Get this.
[01:23:07.320 --> 01:23:08.320]  Okay.
[01:23:08.320 --> 01:23:12.320]  My motions and granted theirs with no motion.
[01:23:12.320 --> 01:23:13.320]  Incredible.
[01:23:13.320 --> 01:23:18.320]  So do you file criminally against the judge?
[01:23:18.320 --> 01:23:23.320]  I'm going to file, the answer is no, but I will.
[01:23:23.320 --> 01:23:25.320]  I'm going to file a bar grievancy.
[01:23:25.320 --> 01:23:28.320]  I'm sorry, a judicial commission complaint.
[01:23:28.320 --> 01:23:31.320]  And yeah.
[01:23:31.320 --> 01:23:33.320]  Include a criminal affidavit.
[01:23:33.320 --> 01:23:37.320]  Raise the bar for him.
[01:23:37.320 --> 01:23:47.320]  So the judge exerting or purporting to exert authority didn't have and adjudicating the case for the opposition.
[01:23:47.320 --> 01:23:48.320]  Yeah.
[01:23:48.320 --> 01:23:58.320]  And you might take a look and see if, if you can find the rules, disciplinary rules of professional conduct for a lawyer in some states anyway.
[01:23:58.320 --> 01:24:00.320]  I'm not sure about New York.
[01:24:00.320 --> 01:24:12.320]  In some states, the lawyer is required, if he has knowledge of something that the judge did wrong, the lawyer is required by his own bar rules that he has to report the judge.
[01:24:12.320 --> 01:24:21.320]  And it's going to be in New York because both New York and Texas adopted the American Bar Association model standards and it's in there.
[01:24:21.320 --> 01:24:22.320]  Sweet.
[01:24:22.320 --> 01:24:23.320]  Yeah.
[01:24:23.320 --> 01:24:24.320]  Okay.
[01:24:24.320 --> 01:24:27.320]  And then grieve the lawyers.
[01:24:27.320 --> 01:24:31.320]  Grieve the lawyers at every opportunity.
[01:24:31.320 --> 01:24:36.320]  Even if you don't have an opportunity, grieve them anyway.
[01:24:36.320 --> 01:24:42.320]  Brandy, when you grieve your, your attorneys, what, if you don't mind me asking what exactly do you focus on the statement?
[01:24:42.320 --> 01:24:44.320]  Do you just basically call them what I just said?
[01:24:44.320 --> 01:24:45.320]  Do you just know?
[01:24:45.320 --> 01:24:47.320]  Yeah, it doesn't matter.
[01:24:47.320 --> 01:24:51.320]  The bars are going to throw your grievance in the trash.
[01:24:51.320 --> 01:24:52.320]  Right.
[01:24:52.320 --> 01:24:57.320]  The grievance is for the insurance carrier.
[01:24:57.320 --> 01:24:58.320]  Okay.
[01:24:58.320 --> 01:25:05.320]  They're looking for a reason to raise their premiums and this gives them a reason.
[01:25:05.320 --> 01:25:06.320]  Okay.
[01:25:06.320 --> 01:25:08.320]  They don't have time to go in and all that now.
[01:25:08.320 --> 01:25:09.320]  Okay.
[01:25:09.320 --> 01:25:11.320]  Bar grievance, grieve them often.
[01:25:11.320 --> 01:25:15.320]  That's one of the political things you can do to them.
[01:25:15.320 --> 01:25:20.320]  Bar grievance goes on their record and stays there forever.
[01:25:20.320 --> 01:25:27.320]  These guys are right now, they're working on with, with banks stealing people's property, but this is going to run out for them.
[01:25:27.320 --> 01:25:29.320]  And then they're going to try to get into something else.
[01:25:29.320 --> 01:25:40.320]  And if they ever try to get hired by a legitimate law firm, the law firm won't touch them with a 10 foot pole with these bar grievances on their record.
[01:25:40.320 --> 01:25:42.320]  Okay.
[01:25:42.320 --> 01:25:48.320]  And does that hold true for when you file a judicial complaint against a, a judge?
[01:25:48.320 --> 01:25:49.320]  Yes.
[01:25:49.320 --> 01:26:01.320]  If any of this judge ever had any notion of getting appointed to hire office, he can forget that because these complaints indicate that he is a political liability.
[01:26:01.320 --> 01:26:04.320]  It's all politics.
[01:26:04.320 --> 01:26:06.320]  Yeah.
[01:26:06.320 --> 01:26:07.320]  Okay.
[01:26:07.320 --> 01:26:08.320]  We need to move along.
[01:26:08.320 --> 01:26:10.320]  I've got two more callers and.
[01:26:10.320 --> 01:26:11.320]  Yep.
[01:26:11.320 --> 01:26:12.320]  Thanks already.
[01:26:12.320 --> 01:26:13.320]  Okay.
[01:26:13.320 --> 01:26:14.320]  Thank you.
[01:26:14.320 --> 01:26:15.320]  Shane.
[01:26:15.320 --> 01:26:16.320]  Okay.
[01:26:16.320 --> 01:26:17.320]  Now we're going to Greg in Tennessee.
[01:26:17.320 --> 01:26:18.320]  Hello, Greg.
[01:26:18.320 --> 01:26:21.320]  What do you have for us today?
[01:26:21.320 --> 01:26:37.320]  Well, I was just following up on the, I think it was last week I called and I was asking you questions concerning following charges on the grand jury members and you said you wouldn't do that.
[01:26:37.320 --> 01:26:45.320]  And I think we ran out of time and but what I was really if you need some background, I can do that.
[01:26:45.320 --> 01:26:48.320]  But I give us some background.
[01:26:48.320 --> 01:26:50.320]  This is about the constable.
[01:26:50.320 --> 01:26:52.320]  Yes.
[01:26:52.320 --> 01:26:54.320]  Give us, give everybody a little background.
[01:26:54.320 --> 01:26:58.320]  So bring us up to speed so we know what we're dealing with.
[01:26:58.320 --> 01:27:07.320]  Well, I've been trying to get charges filed against this guy for aggravated stalking and harassment and vandalism.
[01:27:07.320 --> 01:27:18.320]  He was throwing logs at my daughter's truck and messing it up and he just has harassed me for years and years as my neighbor.
[01:27:18.320 --> 01:27:29.320]  And now he got a, he got elected constable just recently and barely even took office before he had was forced to resign.
[01:27:29.320 --> 01:27:52.320]  But he actually charged him and indicted him with official misconduct and official oppression because he actually pulled pulled me over once when before he even was sworn in as constable.
[01:27:52.320 --> 01:28:03.320]  He had been elected but he hadn't been sworn in yet. So he was really anxious to get to get going on harassing me as as an official.
[01:28:03.320 --> 01:28:08.320]  He just couldn't wait. Wow.
[01:28:08.320 --> 01:28:22.320]  And so I just went before the grand jury to try to get him indicted on the charges that I actually was trying to file. I've been trying to file for a year now almost.
[01:28:22.320 --> 01:28:45.320]  So no one would take charges. I got I had a week in my 13 or so pages of stuff that I gave the grand jury. I had charges for a clerk in for a conspiracy with an assistant DA which I had charged with conspiracy and also official misconduct and official oppression for not doing her job.
[01:28:45.320 --> 01:28:58.320]  And they know, build them all in about 15 minutes. So I wanted to, I thought maybe I should have all charges against the grand jury members and you said no, not so much.
[01:28:58.320 --> 01:29:13.320]  No, you can't do that was you can. They can do that. They're not required to indict. But there's nothing to keep you from going to a different grand jury that I know of.
[01:29:13.320 --> 01:29:19.320]  I haven't researched this specifically in Tennessee yet.
[01:29:19.320 --> 01:29:24.320]  But I'm almost certain it's going to be the same.
[01:29:24.320 --> 01:29:35.320]  The district court that impanels the grand jury does so without running off the cliff. We're about to run off the cliff. Hang on.
[01:29:35.320 --> 01:29:46.320]  We're about to go to break Randy Kelton, Brett Fouton who live on radio. I won't give out the call in number. We're going to run out of time here.
[01:29:46.320 --> 01:30:00.320]  Hang on. We'll be right back.
[01:30:00.320 --> 01:30:08.320]  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.
[01:30:08.320 --> 01:30:33.320]  I'm Dr. Katherine Albrecht and I'll see more in just a moment.
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[01:30:49.320 --> 01:30:56.320]  I leave blank spaces on forms all the time or I write n slash a for not applicable and usually nobody notices or cares.
[01:30:56.320 --> 01:31:09.320]  I never give my social security number or date of birth unless it's absolutely mandatory for employment or a government requirement 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.
[01:31:09.320 --> 01:31:18.320]  To preserve our vanishing privacy, we need to practice saying no to random data requests. It's like exercising a muscle. It gets easier the more you do it.
[01:31:18.320 --> 01:31:31.320]  I'm Dr. Katherine Albrecht. More news and information at KatherineAlbrecht.com.
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[01:31:55.320 --> 01:32:01.320]  We're Americans and we deserve the truth. Go to RememberBuilding7.org today.
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[01:33:21.320 --> 01:33:50.320]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Greg in Tennessee.
[01:33:50.320 --> 01:34:05.320]  Okay, Greg, where were we? You couldn't get the grand jury to indict, and that was to be expected, but you got to know. You terrified everybody.
[01:34:05.320 --> 01:34:27.320]  Now, grand juries are impaneled by district judges, and I haven't looked in Tennessee. Are grand juries, is there a grand jury in every county or in every judicial district?
[01:34:27.320 --> 01:34:36.320]  I think in every judicial district, but I'm not sure. Some of the counties are really small.
[01:34:36.320 --> 01:34:51.320]  Okay, in Texas we have some really small counties, but every county has its own grand jury. That's probably going to be the case here in Tennessee.
[01:34:51.320 --> 01:35:08.320]  So, check into that, because here's the deal. The judge who impanels a grand jury will have a venue restriction. He is a state judge, and they used to ride the circuit.
[01:35:08.320 --> 01:35:27.320]  I think here they still call them circuit judges. They would ride a circuit, but we got so many people that we could just set up a courthouse and have everybody come to the courthouse and give the district judge a venue jurisdiction.
[01:35:27.320 --> 01:35:33.320]  And then we have enough other judges to fill up all the rest of the state. They don't have to travel around anymore.
[01:35:33.320 --> 01:35:49.320]  So, the district judge has a venue restriction, and he appoints or he impanels a grand jury. But I find nothing in law that restricts the venue of a grand jury.
[01:35:49.320 --> 01:36:14.320]  Okay, magistrates. In Texas, and I suspect it's going to be the same here, because it is the nature of what a magistrate does. It is the intention, or it was the intention, that if a person is arrested for any reason, that he be taken directly to the nearest magistrate.
[01:36:14.320 --> 01:36:31.320]  Not the magistrate within the jurisdiction in which the person committed the crime, but the nearest magistrate. And that would necessarily create a condition where the magistrate does not have a venue jurisdiction.
[01:36:31.320 --> 01:36:55.320]  As a judge, he may have a jurisdiction, a venue jurisdiction, but as a magistrate in Texas under Attorney General Opinion J500, any magistrate may hear any complaint felony or misdemeanor state or federal from anywhere in the state.
[01:36:55.320 --> 01:37:07.320]  That's because if you chase a guy across 20 counties and you arrest him, it is intended that you take him directly to the nearest magistrate.
[01:37:07.320 --> 01:37:35.320]  Not to the one who would have jurisdiction, or not where the offense occurred into that jurisdiction, but to any magistrate. So a grand jury performs a similar function in that they hold essentially a hearing for the purpose of determining whether or not probable cause exists.
[01:37:35.320 --> 01:37:39.320]  So that's kind of like parallel to the examining trial.
[01:37:39.320 --> 01:37:58.320]  Exactly. So without some specific stipulation of venue, a grand jury is, while in Texas, there's a grand jury and paneled in every county, but they are state grand jurors.
[01:37:58.320 --> 01:38:18.320]  That's why they're impaneled by a state judge and not a county judge. I bet it's going to be the same way in Tennessee, but that does is that opens up every grand jury in the state of Tennessee is potentially hearing your complaints.
[01:38:18.320 --> 01:38:24.320]  This is about politics. Okay, you got these two are grand jury.
[01:38:24.320 --> 01:38:42.320]  And that was pretty incredible. And the prosecutor and the clerk and whoever else you named, had to wonder whether or not there's somebody on that grand jury that may be PO that you.
[01:38:42.320 --> 01:38:53.320]  And there is a chance they could indict you, I guarantee you, you terrified everybody against whom you filed a grand a complaint.
[01:38:53.320 --> 01:38:56.320]  You got no billed. Okay, take a deep breath.
[01:38:56.320 --> 01:39:00.320]  Now take it to another county.
[01:39:00.320 --> 01:39:04.320]  And they're going to say, well, we don't have jurisdiction. You argue they do have jurisdiction.
[01:39:04.320 --> 01:39:11.320]  So here are these guys that just got out from under the acts of domiciles.
[01:39:11.320 --> 01:39:17.320]  And now you're taking them to another county and arguing with them trying to get another grand jury to hear the complaint.
[01:39:17.320 --> 01:39:22.320]  That says this thing may never go away.
[01:39:22.320 --> 01:39:33.320]  He may be taking it to one grand jury after another after another. The odds are one of them is going to hammer us.
[01:39:33.320 --> 01:39:39.320]  95 counties in Tennessee. Those odds are pretty good.
[01:39:39.320 --> 01:39:57.320]  Well, you had told me before that if once I try to file a complaint and I have to raise it that way, because no one's still to date, had to take the complaint from me.
[01:39:57.320 --> 01:40:04.320]  Well, here's your problem. You know, I went to the grand jury in the county where the offense is occurring.
[01:40:04.320 --> 01:40:12.320]  But I was filing against the clerk and the district attorney whom the grand jury works with all the time.
[01:40:12.320 --> 01:40:20.320]  It is inappropriate to ask that grand jury to indict their own district attorney.
[01:40:20.320 --> 01:40:25.320]  I should be able to take this to a grand jury that doesn't have a dog in the hunt.
[01:40:25.320 --> 01:40:31.320]  And it doesn't matter whether you get in front of them or not.
[01:40:31.320 --> 01:40:35.320]  It matters whether you keep pushing it.
[01:40:35.320 --> 01:40:39.320]  You know, they dodge this bullet.
[01:40:39.320 --> 01:40:45.320]  But now you're trying to get another bullet. Are they going to be able to dodge it?
[01:40:45.320 --> 01:40:57.320]  And all of this come about because of this constable who's already shown himself to be unfit for office.
[01:40:57.320 --> 01:41:03.320]  So how do they get you off their case?
[01:41:03.320 --> 01:41:10.320]  Well, they have to do something to him eventually. But he's postponed his trial again and it's come up in September now, too.
[01:41:10.320 --> 01:41:13.320]  But the word I was trying to come up with just now was statute of limits.
[01:41:13.320 --> 01:41:28.320]  You had told me earlier a long while back that once I try to file the charges, that stops the statute of limits because we're within days of one of the charges of the statute of limits going away and then the other two in August.
[01:41:28.320 --> 01:41:29.320]  Who cares?
[01:41:29.320 --> 01:41:30.320]  Yes.
[01:41:30.320 --> 01:41:33.320]  File them anyway.
[01:41:33.320 --> 01:41:43.320]  If the grand jury indicts, he can raise the affirmative defense of statute of limitations.
[01:41:43.320 --> 01:41:45.320]  Knock yourself out.
[01:41:45.320 --> 01:41:48.320]  Make him do it anyway.
[01:41:48.320 --> 01:41:51.320]  If he was.
[01:41:51.320 --> 01:42:01.320]  If you're filing against the prosecutor as shielding him from prosecution, we have some case law out of Illinois
[01:42:01.320 --> 01:42:10.320]  that says the clock doesn't start running until the public official gets out of office.
[01:42:10.320 --> 01:42:12.320]  Oh, that's right.
[01:42:12.320 --> 01:42:19.320]  So you can make this argument that he has been protected by the district attorney.
[01:42:19.320 --> 01:42:27.320]  And so long as the district attorney is in office, this clock should not start running.
[01:42:27.320 --> 01:42:30.320]  Understand, this is about politics.
[01:42:30.320 --> 01:42:33.320]  It doesn't matter whether you win this or not.
[01:42:33.320 --> 01:42:39.320]  You got this sword hanging over this guy's head and he thinks it's about to go away.
[01:42:39.320 --> 01:42:46.320]  And you make a legal argument for extending the statute of limitations.
[01:42:46.320 --> 01:42:53.320]  So he's got a way to see if you win this argument and if you win this argument, you come back at him again.
[01:42:53.320 --> 01:42:56.320]  It looks like it's never going to go away.
[01:42:56.320 --> 01:43:07.320]  If he's already had to resign from a public office, he's no longer considered credible and he's not somebody they're going to want to protect.
[01:43:07.320 --> 01:43:12.320]  He's going to be somebody that they don't want to be associated with.
[01:43:12.320 --> 01:43:23.320]  So you got a prosecuting attorney here that you accuse of shielding this criminal from prosecution who's already proven himself to be a criminal.
[01:43:23.320 --> 01:43:28.320]  What's going to happen to the prosecutor when he tries to run for office next time?
[01:43:28.320 --> 01:43:32.320]  Politics, it's all politics.
[01:43:32.320 --> 01:43:40.320]  If you give the prosecutor enough trouble, he's likely to swallow this guy to get you off him.
[01:43:40.320 --> 01:43:42.320]  Does that make sense?
[01:43:42.320 --> 01:43:45.320]  Right, I understand.
[01:43:45.320 --> 01:43:47.320]  All right, we're at the break.
[01:43:47.320 --> 01:43:52.320]  I guess I'll let you go to your next caller.
[01:43:52.320 --> 01:43:54.320]  Okay, thank you.
[01:43:54.320 --> 01:44:00.320]  Greg, we'll be right back.
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[01:46:24.320 --> 01:46:40.320]  Okay, we are back. Randy Kelton, rule of law radio. Randy Kelton, Brett Fountain, rule of law radio.
[01:46:40.320 --> 01:46:49.320]  And we're going to Ken in New York. Okay, Ken, what do you have for us today?
[01:46:49.320 --> 01:46:59.320]  Thank you for taking my call, Randy and Brett. I wrote some notes out and I started to think about license plate readers,
[01:46:59.320 --> 01:47:03.320]  and this would go to a hypothetical traffic stop.
[01:47:03.320 --> 01:47:09.320]  It's hypothetical because it doesn't affect me personally, but it might have.
[01:47:09.320 --> 01:47:20.320]  I think last week or the week before I mentioned that I ended up jumping a perfectly good car because the check engine light came on before I was getting it inspected,
[01:47:20.320 --> 01:47:31.320]  and it threw up so many codes that it would have cost me over $1,000 just to get the second base and find out what else would be wrong with it.
[01:47:31.320 --> 01:47:44.320]  And yeah, a 16-year-old Kia Sedona that rode good, had a nice patina rust on the bottom of it, but only had 57,000 miles on it.
[01:47:44.320 --> 01:47:54.320]  So when I talked to my repair guy, it was about seven or eight miles from me, I asked him, you know,
[01:47:54.320 --> 01:48:02.320]  if I got caught by a license plate reader since I would have had to go on a highway, and it was around the first in a month, you know, in the first and the fifties in a month,
[01:48:02.320 --> 01:48:09.320]  we have revenue harvesting time, and he said, yeah, it'll show up.
[01:48:09.320 --> 01:48:17.320]  So the thing I was thinking about was a license plate reader.
[01:48:17.320 --> 01:48:26.320]  That sort of demonstration on YouTube where these things, the officers sitting there with a screen and the plate, as the cars are zipping by,
[01:48:26.320 --> 01:48:32.320]  the plate numbers are rolling up on the screen and they're being checked automatically.
[01:48:32.320 --> 01:48:40.320]  And then not only being checked, you know, in the old days, Cop had to think about, well, is he speeding?
[01:48:40.320 --> 01:48:51.320]  I'll go pull him over and then he has to run the plate and do all of this extra work to see whether he really had something he could do something with.
[01:48:51.320 --> 01:48:55.320]  Now, with the license plate reader, well, he knows your speed.
[01:48:55.320 --> 01:48:59.320]  He can check for your inspection, your registration.
[01:48:59.320 --> 01:49:08.320]  Oh, and as a bonus, he can check outstanding tickets, child payments, warrants, all of this stuff is tied together in the state of New York.
[01:49:08.320 --> 01:49:21.320]  It's all tied to your, apparently it's tied to your license or in the same, you know, your license has a connection in the database between all of these other issues.
[01:49:21.320 --> 01:49:23.320]  Are you aware of any of this?
[01:49:23.320 --> 01:49:25.320]  Yeah, yeah, I'm aware of it.
[01:49:25.320 --> 01:49:27.320]  Yeah, but it's legal.
[01:49:27.320 --> 01:49:42.320]  I know, but I'm just saying it, it's, I don't think a lot of people have realized how this adds to the experience of being tracked.
[01:49:42.320 --> 01:49:47.320]  They just sit in the middle of the median on the highways.
[01:49:47.320 --> 01:50:03.320]  And they don't really have to do much of anything, they just sit there and just watch the rubes all go by and if one pops up, then the question is, do they have probable cause because it's based on a computer database?
[01:50:03.320 --> 01:50:07.320]  I think I remember you talking or maybe Eddie talking about it.
[01:50:07.320 --> 01:50:10.320]  Yeah, they would have probable cause.
[01:50:10.320 --> 01:50:27.320]  They have reason to believe that the computer information is accurate, that would be sufficient if they see a warrant for multiple murders that they pops up when they have probable cause.
[01:50:27.320 --> 01:50:35.320]  And going a little further that this is just a question during a stop, somebody I've been thinking about.
[01:50:35.320 --> 01:50:54.320]  If the officer has an unimpeded view inside your car, and he asks you if you drive this license in your insurance card, after you're bending over, you know, to go stretching over to go get the information out, you notice some point in your eye that maybe he's got his hand on his holster.
[01:50:54.320 --> 01:51:07.320]  And then further than that, if it turns out that you worked back and he actually had his hand on it, had it gone out of the holster.
[01:51:07.320 --> 01:51:16.320]  For a simple traffic infraction, is that some kind of a, would that be some kind of a crime?
[01:51:16.320 --> 01:51:21.320]  I would, you know, I call 911.
[01:51:21.320 --> 01:51:24.320]  Brett got a ticket in Cumbie, Texas.
[01:51:24.320 --> 01:51:29.320]  I got pulled over in Cumbie, Texas, and I'm talking to the officer.
[01:51:29.320 --> 01:51:35.320]  And he's trying to get me frightened and intimidated, and I'm not, and he's getting frustrated.
[01:51:35.320 --> 01:51:38.320]  And he got a bit agitated.
[01:51:38.320 --> 01:51:41.320]  And I took out my cell phone.
[01:51:41.320 --> 01:51:44.320]  And he said, I need you to put that down while I'm talking to you.
[01:51:44.320 --> 01:51:47.320]  I said, you need no such thing.
[01:51:47.320 --> 01:51:51.320]  You are getting agitated and you got a gun on your hip.
[01:51:51.320 --> 01:51:53.320]  You are making me very nervous.
[01:51:53.320 --> 01:52:00.320]  Do I need to call 911 to get someone out here to get you under control?
[01:52:00.320 --> 01:52:08.320]  He stood there a minute and breathed kind of heavy a couple of times, then sucked up and said,
[01:52:08.320 --> 01:52:12.320]  no, Mr. Kelton, you do not need to call 911.
[01:52:12.320 --> 01:52:15.320]  And then things went fine.
[01:52:15.320 --> 01:52:20.320]  That was an officer that had some control of himself.
[01:52:20.320 --> 01:52:26.320]  I think any policeman put his hand on his gun around me, that gets a 911 call.
[01:52:26.320 --> 01:52:28.320]  Right.
[01:52:28.320 --> 01:52:34.320]  But the other thing you have to weigh in your mind is if you go reach for something in your pocket,
[01:52:34.320 --> 01:52:37.320]  you can very well be shot.
[01:52:37.320 --> 01:52:39.320]  I understand that.
[01:52:39.320 --> 01:52:45.320]  And, you know, in this case, I had my hands in plain view all the time.
[01:52:45.320 --> 01:52:51.320]  But if he wasn't, then I'm going to, I once reached in my car and he, the cops telling me not to,
[01:52:51.320 --> 01:52:54.320]  because he'd already put his hand on his pistol.
[01:52:54.320 --> 01:52:56.320]  I told him, I'm getting my cell phone.
[01:52:56.320 --> 01:53:01.320]  If you intend to shoot me, you're going to have to shoot me, but I'm getting my cell phone.
[01:53:01.320 --> 01:53:08.320]  I come out with a cell phone doll 911 and told the dispatcher that I had a policeman here
[01:53:08.320 --> 01:53:11.320]  and he is terrified of me.
[01:53:11.320 --> 01:53:15.320]  He's standing there shaking in his boots with his hand on his pistol.
[01:53:15.320 --> 01:53:18.320]  I'm afraid he's going to wet his britches,
[01:53:18.320 --> 01:53:21.320]  but I'm concerned he's going to pull that pistol and shoot me first.
[01:53:21.320 --> 01:53:25.320]  Can you get someone out here to get him under control?
[01:53:25.320 --> 01:53:28.320]  He's standing there listening to me.
[01:53:28.320 --> 01:53:35.320]  He got this look that, I don't believe you said that to my dispatcher.
[01:53:35.320 --> 01:53:39.320]  That just paints a picture for the dispatcher like Barney Fife.
[01:53:39.320 --> 01:53:43.320]  Exactly. That's what I was trying to do.
[01:53:43.320 --> 01:53:45.320]  Oh, that was funny.
[01:53:45.320 --> 01:53:52.320]  The cop didn't think it was a bit funny, but he dropped his hand down off his pistol.
[01:53:52.320 --> 01:54:01.320]  So I get real, I consider that pistol extremely important.
[01:54:01.320 --> 01:54:05.320]  I spent time on the sharp end of those things.
[01:54:05.320 --> 01:54:09.320]  I've saw what they do to human beings.
[01:54:09.320 --> 01:54:15.320]  I've watched people die horrible deaths from those things.
[01:54:15.320 --> 01:54:18.320]  I take them incredibly serious.
[01:54:18.320 --> 01:54:21.320]  And while a policeman moves his hand toward his pistol,
[01:54:21.320 --> 01:54:29.320]  I consider my life in jeopardy and I'm going to call 911.
[01:54:29.320 --> 01:54:33.320]  If you have any concern about the policeman, call 911.
[01:54:33.320 --> 01:54:37.320]  That will calm him down very quickly.
[01:54:37.320 --> 01:54:41.320]  Well, you're telling me you're going to call 911 before you actually go reach?
[01:54:41.320 --> 01:54:42.320]  No.
[01:54:42.320 --> 01:54:44.320]  Oh, you just reach?
[01:54:44.320 --> 01:54:46.320]  Just take it.
[01:54:46.320 --> 01:54:51.320]  If I'm going to be pulled over, I'm going to put my phone where it's in plain sight,
[01:54:51.320 --> 01:54:56.320]  in my shirt pocket or next to me where it can be seen.
[01:54:56.320 --> 01:55:01.320]  And I wasn't going to tell the officer that I was going to call 911.
[01:55:01.320 --> 01:55:05.320]  I just picked up my phone for that purpose.
[01:55:05.320 --> 01:55:08.320]  And then he commented about the phone.
[01:55:08.320 --> 01:55:10.320]  I have done this a number of times.
[01:55:10.320 --> 01:55:16.320]  I was in Arlington City of Arlington, the municipal court and asked for some records.
[01:55:16.320 --> 01:55:20.320]  They wouldn't give it to me because I wasn't a lawyer.
[01:55:20.320 --> 01:55:28.320]  I took out my cell phone and the police officer, the bailiff that I had just asked to arrest
[01:55:28.320 --> 01:55:30.320]  a clerk who had refused.
[01:55:30.320 --> 01:55:33.320]  You can't use a phone in this office.
[01:55:33.320 --> 01:55:40.320]  I looked up and said, are you going to interfere with a 911 call?
[01:55:40.320 --> 01:55:41.320]  Oops.
[01:55:41.320 --> 01:55:42.320]  Oops.
[01:55:42.320 --> 01:55:43.320]  He stopped.
[01:55:43.320 --> 01:55:49.320]  I dialed 911, asked him to send somebody out to arrest him and the clerk.
[01:55:49.320 --> 01:55:55.320]  Oh, and it got so interesting.
[01:55:55.320 --> 01:55:59.320]  But all of a sudden, this is when you get to see a chicken dance.
[01:55:59.320 --> 01:56:06.320]  The cop that comes out to respond to your 911 call, he starts shifting from one foot to the other,
[01:56:06.320 --> 01:56:11.320]  trying to figure a way off this dime you just put him on.
[01:56:11.320 --> 01:56:15.320]  And I suggest to anybody, do not argue with police.
[01:56:15.320 --> 01:56:18.320]  Don't start a fight with them out there on the street.
[01:56:18.320 --> 01:56:23.320]  That's why it's a scenario because you want to do it in such a way where you don't want
[01:56:23.320 --> 01:56:25.320]  to be arguing with them.
[01:56:25.320 --> 01:56:30.320]  The question is whether you can charge them with a crime afterwards.
[01:56:30.320 --> 01:56:32.320]  Oh, you're always charging.
[01:56:32.320 --> 01:56:33.320]  It doesn't matter.
[01:56:33.320 --> 01:56:35.320]  They're not going to prosecute you anyways.
[01:56:35.320 --> 01:56:37.320]  You charge anything you want to.
[01:56:37.320 --> 01:56:41.320]  The cop stopped me in the county I live in.
[01:56:41.320 --> 01:56:42.320]  He asked me.
[01:56:42.320 --> 01:56:45.320]  He said, Mr. Kelton, you know why I stopped you.
[01:56:45.320 --> 01:56:47.320]  I said, no, but I'm sure you're going to tell me.
[01:56:47.320 --> 01:56:51.320]  He said, well, your license is, I mean, your registration is expired.
[01:56:51.320 --> 01:56:54.320]  I said, only two years.
[01:56:54.320 --> 01:56:56.320]  What's the problem?
[01:56:56.320 --> 01:56:58.320]  He went back to write a ticket.
[01:56:58.320 --> 01:57:07.320]  I called 911, asked him to send somebody out and arrest him for first degree felony aggravated assault.
[01:57:07.320 --> 01:57:09.320]  Right out of the code.
[01:57:09.320 --> 01:57:16.320]  And then I had another cop come up and he's saying that I could be charged with making the false 911 call.
[01:57:16.320 --> 01:57:17.320]  Are you false?
[01:57:17.320 --> 01:57:20.320]  Are you kidding?
[01:57:20.320 --> 01:57:29.320]  Are you saying that first degree felony aggravated assault is not sufficient reason to call 911?
[01:57:29.320 --> 01:57:32.320]  Oh, that was a hoot.
[01:57:32.320 --> 01:57:36.320]  I could not get the prosecuting attorney to bring it to court.
[01:57:36.320 --> 01:57:39.320]  Saw him in court about six months later.
[01:57:39.320 --> 01:57:45.320]  And I said, James, what happened to my ticket I got from that sergeant.
[01:57:45.320 --> 01:57:51.320]  No, Mr. Kelton, you're not going to get to have your fun at my expense.
[01:57:51.320 --> 01:57:54.320]  Come on, you big chicken.
[01:57:54.320 --> 01:57:57.320]  Could not get him to bring it to court.
[01:57:57.320 --> 01:58:00.320]  Down 911 on the police often.
[01:58:00.320 --> 01:58:03.320]  You get a recording of your call.
[01:58:03.320 --> 01:58:09.320]  They've come up with bad checks at the felony in Suffolk County.
[01:58:09.320 --> 01:58:16.320]  The last thing I want to mention is Rochester is a sorry town because in my childhood,
[01:58:16.320 --> 01:58:23.320]  I remember it as the home of the four barrel carburetor, Xerox and Eastman Kodak.
[01:58:23.320 --> 01:58:28.320]  And Xerox when they left Rochester, how they what they've become today.
[01:58:28.320 --> 01:58:29.320]  Okay, hold on.
[01:58:29.320 --> 01:58:30.320]  I'm sorry.
[01:58:30.320 --> 01:58:31.320]  We are out of time.
[01:58:31.320 --> 01:58:32.320]  Okay.
[01:58:32.320 --> 01:58:35.320]  I've got 17 seconds.
[01:58:35.320 --> 01:58:36.320]  Thank you, Ken.
[01:58:36.320 --> 01:58:39.320]  Maybe we can talk next week.
[01:58:39.320 --> 01:58:42.320]  Randy Kelton, Brett Fountain, Ruvila Radio.
[01:58:42.320 --> 01:58:50.320]  Thank you all for listening and good night.
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