[00:00.000 --> 00:06.760]  The following news flash is brought to you by The Lone Star Lowdown.
[00:06.760 --> 00:13.200]  Markets for Monday the 22nd of July 2019, open with Precious Metals, Gold $1,429 an ounce,
[00:13.200 --> 00:21.520]  Silver $16.45 an ounce, Copper $2.75 an ounce, Oil, Texas Crude $55.63 a barrel, Brent Crude
[00:21.520 --> 00:29.960]  $62.47 a barrel, and Cryptos in order of Market Cap, Bitcoin Core $10,566.52, Ethereum $200.00
[00:29.960 --> 00:41.320]  $27.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:41.320 --> 00:52.480]  In history, the year 1916, the Preparedness Day bombing, a time suitcase bomb, was detonated on
[00:52.480 --> 00:58.240]  Market Street in San Francisco during the World War I Preparedness Day parade, killing 10 and
[00:58.240 --> 01:00.240]  entering 40 today in history.
[01:00.240 --> 01:09.400]  And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hemp and
[01:09.400 --> 01:14.120]  Attacks's Law back in June, county prosecutors around the state, including Houston, Austin,
[01:14.120 --> 01:18.040]  and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:18.040 --> 01:22.240]  new ones, since they are stipulating that they do not have the time or the laboratory
[01:22.240 --> 01:27.080]  equipment to test the herb for THC. Margaret Moore, the Travis County District Attorney
[01:27.080 --> 01:31.160]  announced earlier this month that she was dismissing 32 felony possession and delivery
[01:31.160 --> 01:33.720]  of marijuana cases because of the law.
[01:33.720 --> 01:37.600]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.600 --> 01:42.120]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.120 --> 01:48.280]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.280 --> 01:54.520]  well as other cities, too, like the district attorney in El Paso, Cayma Esparza, a Democrat
[01:54.520 --> 01:59.000]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:59.000 --> 02:01.760]  prosecution of marijuana cases in El Paso.
[02:01.760 --> 02:06.760]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.760 --> 02:10.760]  in Harris County, who stated that, quote, the law is constantly changing on what makes
[02:10.760 --> 02:13.480]  something illegal based on its chemical makeup.
[02:13.480 --> 02:17.400]  It's important that if someone is charged with something, the test matches what they're
[02:17.400 --> 02:18.960]  charged with.
[02:18.960 --> 02:27.240]  A paper by Tulane University identified a five and a half inch American pocket shark
[02:27.240 --> 02:32.720]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark
[02:32.720 --> 02:38.360]  ever captured or recorded with the other one being found way back in 1979 in the East Pacific
[02:38.360 --> 02:39.360]  Ocean.
[02:39.360 --> 02:43.760]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.760 --> 02:50.040]  its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[02:50.040 --> 03:17.160]  clove.
[03:17.160 --> 03:32.500]  3, 4, and 2, 7, 8, 7, 9, 11, 2, 3, 2, 3, 2,5, 6, 7, and
[03:32.500 --> 03:43.260]  9, 4, 5, 6, 2, 3, 2, 3, 2,5,4, 6, rahhm.
[03:43.260 --> 03:46.620]  I'm not going to lose. So why are you acting like a blood and food?
[03:46.620 --> 03:52.220]  If you get hot, then you must get true. Bad boys, bad boys, what you gonna do?
[03:52.220 --> 03:57.540]  What you gonna do when they come for you? Bad boys, bad boys, what you gonna do?
[03:57.540 --> 04:01.660]  What you gonna do when they come for you? The Chucky Dun, that's one.
[04:01.660 --> 04:05.860]  The Chucky Dun is one. The Chucky Dun your mother, and the Chucky Dun your father.
[04:05.860 --> 04:08.140]  The Chucky Dun your father and the Chucky Dun.
[04:08.140 --> 04:19.140]  Okay, howdy, howdy. This is Randy Kelton. Looks like I'm all alone tonight. Brett was supposed to be here, but he may be a little late showing up. We'll try to get him later.
[04:19.140 --> 04:43.140]  On this Friday, the fourth day of October 2019, I am opening the call boards. Execute. We will be taking your calls all night. Our call in number 512-646-1984. If you have a question or a comment, give us a call.
[04:43.140 --> 04:53.140]  We're going to start out talking about some of the stuff we're doing with these First Amendment audit guys.
[04:53.140 --> 05:11.140]  And it looks like I'm putting together a very large website. If you've been listening to show a long time before we talk about this legal-earth project, the First Amendment audit project is a proof of concept for the legal-earth project.
[05:11.140 --> 05:26.140]  I've got the legal-earth project pretty well working. It's just too big a project and somewhat difficult to get backers when I don't have proof of concept.
[05:26.140 --> 05:43.140]  Then it came across these guys doing First Amendment audits. We've been doing this show a long time. Every once in a while, we come across someone who will really poke the bear and go after these guys. That's why I do the show, is to find those folks.
[05:43.140 --> 06:05.140]  And how I missed First Amendment audits all these years is amazing to me because these guys have been out poking the bear. So we're trying to put together a website and an approach to them so that we can help them increase their technology somewhat.
[06:05.140 --> 06:17.140]  For the most part, they're all doing the fun-in part, actually the hardest part. When you go in and you stand in the face of the bear and you poke him in, you get him to jump up and down for you.
[06:17.140 --> 06:28.140]  But a lot of these guys are getting pushed around, intimidated, and arrested. And we have the tools to prevent that from happening.
[06:28.140 --> 06:44.140]  And I'm putting those together and trying to get those in the hands of the auditors. We are looking at putting together a show for Sunday evenings, a two-hour show, just for First Amendment audits.
[06:44.140 --> 06:58.140]  So right now, I'm structuring my website. I have overcame a technical difficulty that I have been struggling with for seven or eight years now.
[06:58.140 --> 07:14.140]  Finally, I overcome it and I'm in the process of ironing out the details so I can produce a whole different way of presenting information on the web.
[07:14.140 --> 07:28.140]  I've been talking to programmers about it for four or five years, but it was really hard for them to get their heads wrapped around. And I couldn't get them to give me the software that I needed.
[07:28.140 --> 07:44.140]  I finally found in some of the existing software that I had a way to massage the tools I already own that will allow me to present this data the way I have envisioned.
[07:44.140 --> 07:53.140]  So in the next week or so, I should have this site up so you can look at it. I have one JavaScript issue I'm working with right now.
[07:53.140 --> 08:00.140]  Once I suck at JavaScript, it's taken me a little while to get this problem overcome.
[08:00.140 --> 08:16.140]  This program, this file that I'm using is finding a JavaScript file somewhere and I can't find that file anywhere on planet Earth.
[08:16.140 --> 08:23.140]  So something's telling it what to do and I can't find out what it is and it's interfering with what I'm trying to tell it to do.
[08:23.140 --> 08:39.140]  As soon as I get that working, get that armed out, we will have a whole different way of presenting complex information on a website where a human being can effectively navigate all this information and not get lost in it.
[08:39.140 --> 08:48.140]  And that probably is about as clear as mud to everybody listening, but it's pretty clear to me. So I guess that's all it counts.
[08:48.140 --> 08:58.140]  We do have a caller already. I'll stop babbling now and go to Larry in Arizona. Larry, what do you have for us today?
[08:58.140 --> 09:18.140]  Randy, I have a couple of questions for you tonight. One's real simple. A few months ago, you told me in order to get the county assessor and the county treasurer to tell me what claim the state has on my property to pay property taxes,
[09:18.140 --> 09:38.140]  I should file a suit against them to make them answer my questions. And I found it's called a special action that I need to file and I know you've said that the title of a document doesn't really count,
[09:38.140 --> 09:44.140]  but would it be like a petition for a special action or is just the name special action?
[09:44.140 --> 09:52.140]  I'm not familiar with that term that that is almost certainly Arizona specific.
[09:52.140 --> 10:06.140]  Okay, so if I had Brett here, he could do my web search while I'm talking. So I don't have him here. So just a second, I'll do a search for special action.
[10:06.140 --> 10:20.140]  We do have a special appearance, but that's different action Arizona. See what we hit on the special action rules of procedure for special actions, Arizona.
[10:20.140 --> 10:40.140]  Let's see what that says. Order amending rule seven Arizona by law order. That's not helping me much. Okay, those are orders current Arizona rules, rules for special action.
[10:40.140 --> 10:52.140]  I'm not sure what this is Arizona petition, a petition having been filed proposing to, that's not it. I'll have to get Brett to if he shows up to look this up.
[10:52.140 --> 10:57.140]  I can't do this on the air. I don't want to hold everybody while I'm digging through these. Okay.
[10:57.140 --> 11:12.140]  A few weeks ago, when you were on the air, you were talking about declaratory judgments. And even Brett had questioned that he hadn't seen where the price of a declaratory judgment was well reduced.
[11:12.140 --> 11:18.140]  Did you ever find anything that says a declaratory judgment cost is reduced?
[11:18.140 --> 11:30.140]  No, I didn't. But I filed a declaratory judgment in Fort Worth. And the clerk come back and said, oh, this is the declaratory judgment. It's only $15. But I'm not in Texas.
[11:30.140 --> 11:37.140]  So I can't go to that clerk and ask where she found it. And I haven't searched to try to locate it.
[11:37.140 --> 11:38.140]  Okay.
[11:38.140 --> 11:49.140]  But almost certainly a web search should find it. But you were in, this was in the state court. It wasn't in the Fed. But it should be easy enough to search.
[11:49.140 --> 11:53.140]  And as he told me, it's $400.
[11:53.140 --> 11:57.140]  And it's filed an ability to pay.
[11:57.140 --> 12:00.140]  Yeah, okay. And then we,
[12:00.140 --> 12:05.140]  A federal suit is generally $250.
[12:05.140 --> 12:08.140]  Now $400 in Arizona.
[12:08.140 --> 12:17.140]  Wow. See Fed declaratory judgment.
[12:17.140 --> 12:20.140]  Arizona.
[12:20.140 --> 12:41.140]  Fertile judgment is 41 1034 person who is or may be affected by rule may obtain a judicial declaration of the validity of the rule by filing an action for declaratory relief in the spirit court of Maricopa County in accordance to the title 12 chapter 10 article 2.
[12:41.140 --> 12:46.140]  I take it Maricopa County holds the capital of the state.
[12:46.140 --> 12:50.140]  No, it is Las Vegas.
[12:50.140 --> 13:11.140]  Any person who is or may be affected by an existing agency practice or substantive policy statement that the person alleges to constitute a rule may obtain a judicial declaration on whether the practice or substantive policy statement constitutes a rule by falling filing
[13:11.140 --> 13:16.140]  action for declaratory relief in the Superior Court of Maricopa County.
[13:16.140 --> 13:20.140]  This is not the question you asked, but I would like to address this.
[13:20.140 --> 13:25.140]  I was just doing some research on policy.
[13:25.140 --> 13:37.140]  And what the court, what the case law was saying is that a policy is in effect a rule.
[13:37.140 --> 13:47.140]  And that a rule can only be instituted to affect the intent of legislation.
[13:47.140 --> 13:56.140]  So in talking to these first amendment auditors, they go to these public offices and videotape.
[13:56.140 --> 13:59.140]  And then somebody comes out and says, oh, you can't videotape in here.
[13:59.140 --> 14:02.140]  We've got a rule.
[14:02.140 --> 14:09.140]  We've got a policy and I'm looking for a way to address the policy legally.
[14:09.140 --> 14:31.140]  And this appears as though in Arizona that it is designed for specifically this issue where they have a person who is maybe affected by an existing agency practice or substantive policy statement
[14:31.140 --> 14:34.140]  that the person alleges to constitute a rule.
[14:34.140 --> 14:45.140]  And any policy that affects the application of your rights to a law is a rule and not a policy.
[14:45.140 --> 14:55.140]  And if it's a rule, if it's a policy, it only applies to the people who work for the, who are in contractual privity with the agency.
[14:55.140 --> 15:04.140]  If it is a rule, then it must implement state law or it must implement law and cannot circumvent law.
[15:04.140 --> 15:12.140]  So the judge can't just decide no videotaping in the courthouse.
[15:12.140 --> 15:23.140]  Because that effect has the effect of a rule that violates a law that defines a constitutional prohibition.
[15:23.140 --> 15:25.140]  Does that make sense?
[15:25.140 --> 15:27.140]  Yes.
[15:27.140 --> 15:33.140]  But I see nothing here about cost and I don't have to do a separate search for that.
[15:33.140 --> 15:39.140]  And that should be under district court cost of filings.
[15:39.140 --> 15:44.140]  Declaratory judgment. See if there's a special reference to declaratory judgment.
[15:44.140 --> 15:51.140]  Now, Randy, would I be wasting my time to try to do a declaratory judgment in the state court?
[15:51.140 --> 15:56.140]  I don't, I think so. I think a declaratory judgment is great.
[15:56.140 --> 16:07.140]  Because if you file a suit in the federal court, you're going to get a rule 12b6 motion to dismiss a state claim and see what your cover can be had.
[16:07.140 --> 16:12.140]  And the problem with that is, is judges are busy.
[16:12.140 --> 16:18.140]  Judges like big cases with lots of notoriety so their name gets out there.
[16:18.140 --> 16:24.140]  Some minor two-bit pros say with some hillbilly complaint.
[16:24.140 --> 16:28.140]  They don't want to mess with it. They would be very, very outplaying golf.
[16:28.140 --> 16:35.140]  So the lawyer on the other side files a rule 12b6 motion to dismiss a federal state claim which the cover can't be had.
[16:35.140 --> 16:47.140]  The judge just dismisses it out of hand because the new rulings on the 12b6 allows the judge to exercise discretion.
[16:47.140 --> 16:53.140]  And he will always exercise it through your detriment.
[16:53.140 --> 17:18.140]  There is no discretion in declaratory judgment. Hang on, we'll be right back.
[17:18.140 --> 17:24.140]  From Central Texas Gun Works, the grand prize up for grabs is a Spikes Tactical AR 15.
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[18:00.140 --> 18:05.140]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[18:05.140 --> 18:12.140]  In today's America, we live in an us-against-them society. If we, the people, are ever going to have a free society, then we're going to have to stand and defend our own rights.
[18:12.140 --> 18:19.140]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity, and most importantly, the right to due process of law.
[18:19.140 --> 18:25.140]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
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[19:25.140 --> 19:35.140]  Okay, we are back. Randy Kelton, Rule of Law Radio, and we're talking to Larry in Arizona.
[19:35.140 --> 19:41.140]  Excuse me if my Skype is filling my page full of error messages.
[19:41.140 --> 19:52.140]  Anyway, okay, on the break, I tried to look up the cost of filing a declaratory judgment suit and I got shifted around to all kind of trash.
[19:52.140 --> 19:57.140]  Bunch of lawyers, they don't understand.
[19:57.140 --> 20:02.140]  When you ask a specific question, they don't understand specific answers.
[20:02.140 --> 20:09.140]  They go dancing around everywhere else except to where you asked them to go to, so I didn't quite find it.
[20:09.140 --> 20:14.140]  But in any case, a declaratory judgment suit is different than everything else.
[20:14.140 --> 20:19.140]  There are no claims in a declaratory judgment suit.
[20:19.140 --> 20:28.140]  In a declaratory judgment suit, you only ask the court to rule on the rights of the parties.
[20:28.140 --> 20:35.140]  Rule on the applicability of a law to a specific fact set.
[20:35.140 --> 20:39.140]  You don't ask for any damages. You don't make any claims.
[20:39.140 --> 20:42.140]  You just ask for technical ruling.
[20:42.140 --> 20:53.140]  This was implemented to eliminate a lot of suits that would not find out until well into the suit that they did not have a claim.
[20:53.140 --> 20:57.140]  This is an issue they wish to test and they can test it before they go to suit.
[20:57.140 --> 21:06.140]  So it's kind of an economical measure, but I have yet to find a judge or a lawyer who knew what one was.
[21:06.140 --> 21:15.140]  A good example is Judge McBride in Fort Worth. He's 90-something years old and he's a real stinker.
[21:15.140 --> 21:23.140]  To his credit, he's written some really good decisions, but he is a very difficult individual.
[21:23.140 --> 21:26.140]  I filed a declaratory judgment suit in his court.
[21:26.140 --> 21:30.140]  The Wells Fargo filed a motion to dismiss a fair state of claim, which correct him to have.
[21:30.140 --> 21:38.140]  And if it's a pro-seglitigant, McBride will dismiss the suit no matter what.
[21:38.140 --> 21:45.140]  He dismissed my suit with prejudice for failure to state a claim on which recovery could be had.
[21:45.140 --> 21:53.140]  I went straight to the special agent in charge of the FBI and filed 18 U.S. Code 242 against him.
[21:53.140 --> 21:56.140]  That was funny.
[21:56.140 --> 22:03.140]  I've had three people file that exact same document in different cases. He did not dismiss one of them.
[22:03.140 --> 22:07.140]  Judge McBride got educated on declaratory judgments.
[22:07.140 --> 22:14.140]  So what it does gets you past the threshold.
[22:14.140 --> 22:20.140]  Once you step past the threshold with a declaratory judgment suit, now you can go to discovery.
[22:20.140 --> 22:27.140]  And that's always what the party on the other side wants to avoid, like the plague.
[22:27.140 --> 22:35.140]  Because that's when their costs start going up, especially if it's a foreclosure issue.
[22:35.140 --> 22:39.140]  Because they have bought and paid for the judges.
[22:39.140 --> 22:45.140]  The judges, any time anything goes to any kind of discretion,
[22:45.140 --> 22:53.140]  the judge will rule against you and for the bank out of hand every time because they've been bought and paid for.
[22:53.140 --> 22:57.140]  Okay, maybe they weren't bought and paid for.
[22:57.140 --> 23:03.140]  But if you watch what goes on in the courts, it sure seems that way.
[23:03.140 --> 23:07.140]  Then it behooves you to conduct yourself as if it is that way.
[23:07.140 --> 23:13.140]  Now, judge may actually rule in your favor on extremely rare occasions.
[23:13.140 --> 23:18.140]  You should be jumping up and down and clapping your hands if that happens.
[23:18.140 --> 23:20.140]  But never expect it.
[23:20.140 --> 23:32.140]  So we construct and craft our actions from the perspective that the trial judge will rule against us no matter what.
[23:32.140 --> 23:38.140]  So our real target is always the Court of Appeals.
[23:38.140 --> 23:42.140]  The Court of Appeals lives in a different house.
[23:42.140 --> 23:47.140]  The trial judge, he's there to find equity between the parties.
[23:47.140 --> 23:54.140]  The Court of Appeals is there to maintain the sanctity of the Corpus Juris,
[23:54.140 --> 24:01.140]  is to keep the body of law balanced and consistent.
[24:01.140 --> 24:09.140]  So in the trial court, you want to ask questions that if the judge rules against you,
[24:09.140 --> 24:20.140]  it implicates a situation to where law would change if the Court of Appeals rules against you as well.
[24:20.140 --> 24:27.140]  You want to make your arguments based on well-founded standing law.
[24:27.140 --> 24:34.140]  A lot of these pro se litigants and want to say,
[24:34.140 --> 24:39.140]  like mythologists, like to try to find magic bullets.
[24:39.140 --> 24:44.140]  You know, I've been doing this show a long time and I get people saying,
[24:44.140 --> 24:48.140]  oh man, I come across this great thing and it works.
[24:48.140 --> 24:55.140]  Anytime I hear it works, my spidey sense goes off and my radar goes up.
[24:55.140 --> 24:57.140]  They say, wait a minute.
[24:57.140 --> 25:00.140]  We don't have magic bullets out here.
[25:00.140 --> 25:02.140]  We have facts and law.
[25:02.140 --> 25:05.140]  You tell me something works, you're ignoring facts and law.
[25:05.140 --> 25:14.140]  And so far, I have never, ever seen that any of these gadgets work.
[25:14.140 --> 25:19.140]  Sometimes they'll get a ruling in their favor, sometimes not.
[25:19.140 --> 25:25.140]  But when you look closely at the case, when they got rulings in their favor,
[25:25.140 --> 25:31.140]  they tend to have overwhelming evidence in their favor and it wasn't the gadget device they pulled.
[25:31.140 --> 25:35.140]  It was facts and law that got them the ruling.
[25:35.140 --> 25:39.140]  So, lost my place.
[25:39.140 --> 25:41.140]  Everything's about facts and law.
[25:41.140 --> 25:48.140]  And when you go to a declaratory judgment suit, that's all that's there, facts and law.
[25:48.140 --> 25:50.140]  And you're asking the court to render ruling.
[25:50.140 --> 25:58.140]  You want to pick something that if the court were to rule against you,
[25:58.140 --> 26:02.140]  it would change underlying law.
[26:02.140 --> 26:13.140]  And because it's a declaratory judgment suit, you don't have a lot of minutiae clouding the issue.
[26:13.140 --> 26:25.140]  You don't have all of the claims of harm and fraud and infliction of distress and all that stuff clouding the issue.
[26:25.140 --> 26:32.140]  You have one finely tuned, finely focused issue.
[26:32.140 --> 26:40.140]  When you bring those issues up in a civil action, the lawyers are going to just flood the court with a lot of garbage
[26:40.140 --> 26:44.140]  to try to hide the real issue before the court.
[26:44.140 --> 26:48.140]  In a declaratory judgment suit, they can't do that.
[26:48.140 --> 26:54.140]  One singular, finely focused point.
[26:54.140 --> 27:00.140]  Now we step back, step past the front door because there is no rule 12.
[27:00.140 --> 27:02.140]  Discretion to dismiss.
[27:02.140 --> 27:11.140]  We get to discovery and you can discover enough here so that when you get to the civil action,
[27:11.140 --> 27:16.140]  you already have most of the discovery you need that they're going to try to avoid.
[27:16.140 --> 27:27.140]  And if you've crafted your request for declaration carefully, the judge will really have no option
[27:27.140 --> 27:31.140]  unless he wants to try to change underlying law.
[27:31.140 --> 27:36.140]  And then he's got to look at the court of appeals and see if they're going to go along with it.
[27:36.140 --> 27:50.140]  In Tim Pitt's first case, the judge just denied everything out of hand that we petitioned to the court of appeals for Rita Mandamus.
[27:50.140 --> 27:54.140]  Rita Mandamus is only accepted 12% of the time.
[27:54.140 --> 27:58.140]  It's only ruled in favor of the filer 2% of the time.
[27:58.140 --> 28:02.140]  This time it was ruled in favor of a pro-safe filer.
[28:02.140 --> 28:05.140]  I don't know if that's ever been done before.
[28:05.140 --> 28:11.140]  But it was because we set them up from the get-go.
[28:11.140 --> 28:16.140]  Everything was pointing at a constitutional issue.
[28:16.140 --> 28:19.140]  And when this got to the court of appeals, they looked at it and said,
[28:19.140 --> 28:25.140]  if we were against these guys, we undermine 200 years of law.
[28:25.140 --> 28:27.140]  You can't do that.
[28:27.140 --> 28:29.140]  We have to keep the law stable.
[28:29.140 --> 28:32.140]  So this is what you look for in declaratory judgment.
[28:32.140 --> 28:44.140]  I would suspect that if you petition the court for either inability to pay
[28:44.140 --> 28:53.140]  or petition the court for a reduction in cost because we're filing this suit in the public interest,
[28:53.140 --> 28:58.140]  that you may get them to lower the fees.
[28:58.140 --> 29:04.140]  But even if they don't, declaratory judgment suits are very powerful.
[29:04.140 --> 29:09.140]  Primarily because the lawyer on the other side doesn't know how to handle it.
[29:09.140 --> 29:16.140]  And when he comes back arguing claims, you barge weave him immediately,
[29:16.140 --> 29:24.140]  move for sanctions, and accuse him of treating the judge as if the judge is an imbecile,
[29:24.140 --> 29:31.140]  that the judge should be insulted by this kind of adolescent loitering
[29:31.140 --> 29:34.140]  and really just work over the lawyers on the other side.
[29:34.140 --> 29:42.140]  It won't take you long to get them to resign and they'll get new lawyers which cost way more money.
[29:42.140 --> 29:44.140]  Okay.
[29:44.140 --> 29:49.140]  There's been a lot of time on that because I think that's a really important issue.
[29:49.140 --> 29:51.140]  Do you have anything else for us for the other side?
[29:51.140 --> 29:53.140]  We've got about 10 seconds.
[29:53.140 --> 29:56.140]  Oh, okay.
[29:56.140 --> 29:57.140]  That was a question.
[29:57.140 --> 30:02.140]  Okay, hang on. We'll be right back.
[30:02.140 --> 30:09.140]  Thousands of Florida motorists convicted of DUI may very well have been driving under the bloody alcohol limit.
[30:09.140 --> 30:15.140]  I'm Dr. Catherine Albrecht and I'll be back with a tale of bad breathalysers and a government cover-up in a moment.
[30:15.140 --> 30:17.140]  Privacy is under attack.
[30:17.140 --> 30:21.140]  When you give up data about yourself, you'll never get it back again.
[30:21.140 --> 30:25.140]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.140 --> 30:27.140]  So protect your rights.
[30:27.140 --> 30:31.140]  Say no to surveillance and keep your information to yourself.
[30:31.140 --> 30:33.140]  Privacy, it's worth hanging on to.
[30:33.140 --> 30:37.140]  This public service announcement is brought to you by StartPage.com,
[30:37.140 --> 30:41.140]  the private search engine alternative to Google, Yahoo, and Bing.
[30:41.140 --> 30:44.140]  Start over with StartPage.
[30:44.140 --> 30:47.140]  Ever hear the term fine farming?
[30:47.140 --> 30:54.140]  It's when cops find innocent people to bring in revenue and it's apparently big business in the Sunshine State of Florida.
[30:54.140 --> 31:00.140]  This case involves breathalysers used to convict thousands of Florida motorists for DUI violations.
[31:00.140 --> 31:04.140]  Recently, reporters discovered that the devices were improperly calibrated.
[31:04.140 --> 31:08.140]  State officials knew about it for two and a half years but did nothing.
[31:08.140 --> 31:14.140]  In fact, the head of Florida's breath testing program ordered inspectors not to document the problem.
[31:14.140 --> 31:19.140]  A DUI conviction can ruin somebody's life but now that the cover-up has been exposed,
[31:19.140 --> 31:22.140]  perhaps Florida drivers can breathe a bit easier.
[31:22.140 --> 31:46.140]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:53.140 --> 31:56.140]  Bring justice to my son, my uncle, my nephew, my son.
[31:56.140 --> 31:58.140]  Go to BuildingWhat.org.
[31:58.140 --> 32:27.140]  By itself, why it matters, and what you can do.
[32:28.140 --> 32:35.140]  Go to BuildingWhat.org.
[32:58.140 --> 33:11.140]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:28.140 --> 33:34.140]  Okay, we are back.
[33:34.140 --> 33:41.140]  Randy Kelton, rule of law radio on this Friday, the fourth day of October, 2019.
[33:41.140 --> 33:46.140]  We're talking to Larry in Arizona. Larry, do you have anything else for us?
[33:46.140 --> 33:56.140]  Yes, Randy. Okay, so on the declaration, I'm wondering what I need to ask for.
[33:56.140 --> 34:02.140]  Do I want to say that they are impairing with the contract of my patent?
[34:02.140 --> 34:07.140]  Wait a minute, wait a minute. I have no idea what your case is about.
[34:07.140 --> 34:16.140]  Okay, I'm not paying property tax and they've issued liens and sold them on my property.
[34:16.140 --> 34:29.140]  I did the updated the land patent a couple years ago, and so now I want to get into the declaratory judgments part of it.
[34:29.140 --> 34:43.140]  Okay, then you need to craft a question going to the applicability of taxes to patented property.
[34:43.140 --> 34:51.140]  If the state has no claim on the property, that's the primary issue, that's the primary issue everybody's taking on.
[34:51.140 --> 34:55.140]  Do you have some case law research on that issue?
[34:55.140 --> 35:02.140]  You know what, I have not found anything for Arizona. Are you familiar with any cases at all?
[35:02.140 --> 35:10.140]  Well, Arizona is under the Bureau of Land Management, so it should be under the federal rules.
[35:10.140 --> 35:14.140]  But I haven't researched Arizona for this topic.
[35:14.140 --> 35:16.140]  Okay.
[35:16.140 --> 35:22.140]  Maybe somebody else who's listening has and they can send me an email.
[35:22.140 --> 35:28.140]  And if you'll send me an email asking for that, if I get anything, I'll send it to you.
[35:28.140 --> 35:34.140]  Okay, I appreciate it. Okay, now wipe the slate clean here. I have a new question for you.
[35:34.140 --> 35:35.140]  Okay.
[35:35.140 --> 35:41.140]  Being famous, I had a young man from Nevada call me today.
[35:41.140 --> 35:51.140]  He's in a Nevada prison. He's got a 20-year conviction for a vehicular manslaughter case.
[35:51.140 --> 35:55.140]  And so we were talking and I asked him a few questions.
[35:55.140 --> 36:00.140]  He was injured in the accident and they took him to the hospital.
[36:00.140 --> 36:05.140]  When he left the hospital, he was taken directly to jail and booked.
[36:05.140 --> 36:11.140]  And he has never had an examination hearing to date.
[36:11.140 --> 36:15.140]  What state is he in?
[36:15.140 --> 36:17.140]  In Nevada.
[36:17.140 --> 36:19.140]  Oh, you did say that in Nevada.
[36:19.140 --> 36:23.140]  Yes. Now, he was out on bond for two years.
[36:23.140 --> 36:29.140]  He got an attorney and his sentencing was just a few months ago.
[36:29.140 --> 36:35.140]  His attorney never, his attorney told him to plead guilty.
[36:35.140 --> 36:44.140]  But his attorney made zero attempt to, you know, like trade the guilty plea for a reduced sentence.
[36:44.140 --> 36:49.140]  The attorney said plead guilty and the guy got the full 20 years.
[36:49.140 --> 36:52.140]  So his lawyer threw him under the bus.
[36:52.140 --> 36:58.140]  He should petition for ineffective assistance of counsel.
[36:58.140 --> 37:03.140]  Okay. Now, just the fact he never had an examination hearing.
[37:03.140 --> 37:07.140]  Does that go to the jurisdiction of the court to even try to the mayor?
[37:07.140 --> 37:11.140]  It definitely does.
[37:11.140 --> 37:24.140]  It will be a hard uphill battle and it will be very difficult to get a lawyer to pick it up because lawyers don't want to do anything that will rot through his judicial boat.
[37:24.140 --> 37:28.140]  And the guy definitely has an argument, but it's a hard argument to make.
[37:28.140 --> 37:33.140]  However, he's looking at 20 years. It's an argument worth making.
[37:33.140 --> 37:38.140]  Yes. Yeah, it's a guy in his 20s. I mean, this is his life.
[37:38.140 --> 37:45.140]  First thing you need from him is a timeline.
[37:45.140 --> 37:47.140]  Okay.
[37:47.140 --> 37:52.140]  This is a, did more than one person die in the accident?
[37:52.140 --> 37:56.140]  No. And Randy, here's something else I'm going to throw at you.
[37:56.140 --> 38:05.140]  When the accident happened, the woman that ended up dying, I guess said she was okay, but they took her to the hospital to check her out.
[38:05.140 --> 38:08.140]  And she died a few hours later.
[38:08.140 --> 38:14.140]  That was an older woman, extremely overweight in poor health.
[38:14.140 --> 38:16.140]  That doesn't help.
[38:16.140 --> 38:23.140]  The last thing I would have also is nobody will show the coroner's report.
[38:23.140 --> 38:29.140]  This woman died of secondary causes or a heart attack or something later.
[38:29.140 --> 38:32.140]  I mean, granted, she still died.
[38:32.140 --> 38:36.140]  But does that have anything to do with the case?
[38:36.140 --> 38:41.140]  Unless she died from something totally unrelated.
[38:41.140 --> 38:43.140]  No. Yes.
[38:43.140 --> 38:51.140]  If he ran into a car driven by someone who was in incredibly poor and precarious health.
[38:51.140 --> 38:52.140]  Okay.
[38:52.140 --> 39:01.140]  You have to take them like you find them. It doesn't mitigate your situation that they were in poor health.
[39:01.140 --> 39:02.140]  Okay.
[39:02.140 --> 39:04.140]  That won't be helpful.
[39:04.140 --> 39:08.140]  Was alcohol or drugs involved?
[39:08.140 --> 39:12.140]  Yes, he did have alcohol in his system.
[39:12.140 --> 39:16.140]  You have a hard time getting past that.
[39:16.140 --> 39:17.140]  Really?
[39:17.140 --> 39:24.140]  We had one in Weatherford County or in Parker County outside the city of Weatherford.
[39:24.140 --> 39:31.140]  We had a guy who was driving drunk across the center median on I-30,
[39:31.140 --> 39:37.140]  hit a SUV full of teenagers and killed four of them.
[39:37.140 --> 39:42.140]  Two years later, a guy gets his first DUI.
[39:42.140 --> 39:48.140]  A jury gave him 99 years, first DUI.
[39:48.140 --> 39:49.140]  Wow.
[39:49.140 --> 39:54.140]  Didn't stand up, but they made the point.
[39:54.140 --> 39:58.140]  You come to this county drinking and driving.
[39:58.140 --> 40:01.140]  We're going to kick your behind.
[40:01.140 --> 40:08.140]  If he was under the influence and killed someone, it's going to be hard to get out of that,
[40:08.140 --> 40:10.140]  but it's odd 20 years.
[40:10.140 --> 40:12.140]  Is it a first offense?
[40:12.140 --> 40:15.140]  Yes.
[40:15.140 --> 40:19.140]  That's odd to give 20 years for a first offense unless he was...
[40:19.140 --> 40:22.140]  He would have at least maybe cut five years off.
[40:22.140 --> 40:26.140]  He saved him the expense of the trial and everything.
[40:26.140 --> 40:29.140]  He may be able to get it shortened.
[40:29.140 --> 40:30.140]  A plea?
[40:30.140 --> 40:31.140]  What time?
[40:31.140 --> 40:34.140]  He will never spend that many years in jail anyway.
[40:34.140 --> 40:38.140]  He'll probably spend five max.
[40:38.140 --> 40:43.140]  It's getting difficult on DUI.
[40:43.140 --> 40:51.140]  I do a show on legal reform, but DUI is one that's hard for me because so many of our friends and neighbors
[40:51.140 --> 41:00.140]  are killed by people who exercise poor judgment and they're killing my friends and neighbors.
[41:00.140 --> 41:02.140]  It's hard for me to be sympathetic.
[41:02.140 --> 41:05.140]  On this show, I don't get to do that.
[41:05.140 --> 41:10.140]  Yes, he could make the allegation that he was not the time we brought before a magistrate.
[41:10.140 --> 41:16.140]  I would have to look in Eric's own law to see exactly how to make that.
[41:16.140 --> 41:24.140]  If he was, if they legitimately determined there was alcohol, like a blood test or something,
[41:24.140 --> 41:27.140]  that is not something he can get passed.
[41:27.140 --> 41:39.140]  What he can possibly do is raise these due process issues and move the court for a reduced sentence.
[41:39.140 --> 41:43.140]  That's probably his best shot.
[41:43.140 --> 41:49.140]  Normally, I say go after the prosecutor big time, but not this time.
[41:49.140 --> 41:53.140]  Do not go after the prosecutor big time.
[41:53.140 --> 42:01.140]  You want to give the prosecutor reason to believe that if he agrees to a lesser sentence,
[42:01.140 --> 42:07.140]  then he won't have to explain this later on when the guy killed somebody else.
[42:07.140 --> 42:11.140]  Does he have a history of alcohol?
[42:11.140 --> 42:14.140]  Not to my knowledge.
[42:14.140 --> 42:16.140]  Be careful.
[42:16.140 --> 42:20.140]  I generally don't say this on the air, but I need to.
[42:20.140 --> 42:25.140]  Your client never tells you everything.
[42:25.140 --> 42:28.140]  It's generally not intentional.
[42:28.140 --> 42:37.140]  When someone comes to me and they want my help, they want to give me information that will give me reason to help them.
[42:37.140 --> 42:45.140]  So they tell them in their mind, give me the stuff I need to get this guy to understand how mistreated I am.
[42:45.140 --> 42:49.140]  The bad stuff just don't come out.
[42:49.140 --> 42:56.140]  So you have to look real close at what they're saying and look for the stuff that's being left out.
[42:56.140 --> 43:04.140]  That doesn't necessarily, you know, lawyers are incredibly frustrated by this because if they knew beforehand, they could mitigate it.
[43:04.140 --> 43:09.140]  But it's the nature of the human animal to try to make themselves look good.
[43:09.140 --> 43:15.140]  And they wind up not giving information that they should.
[43:15.140 --> 43:23.140]  And then they wind up being advised to take actions that backfire in their face.
[43:23.140 --> 43:26.140]  So get a timeline from him.
[43:26.140 --> 43:28.140]  Timeline is the most important tool.
[43:28.140 --> 43:30.140]  It's really hard to do.
[43:30.140 --> 43:34.140]  And if he's straight up with you, he'll be able to do that.
[43:34.140 --> 43:38.140]  If he doesn't give you a timeline, then he's holding a lot of stuff back.
[43:38.140 --> 43:42.140]  You're not getting a whole story.
[43:42.140 --> 43:44.140]  How are you going off the cliff?
[43:44.140 --> 43:47.140]  Okay, we're about to go off the cliff.
[43:47.140 --> 43:49.140]  Okay, we need to move on.
[43:49.140 --> 43:52.140]  We've got Scott waiting and he's got some good stuff.
[43:52.140 --> 43:54.140]  Thank you, Larry.
[43:54.140 --> 43:56.140]  This is Randy Kelton, Move All Radio.
[43:56.140 --> 44:00.140]  We'll be right back.
[44:27.140 --> 44:29.140]  How to get debt collectors out of your credit report.
[44:29.140 --> 44:34.140]  How to turn the financial tables on them and make them pay you to go away.
[44:34.140 --> 44:39.140]  The Michael Mirris Proven Method is the solution for how to stop debt collectors.
[44:39.140 --> 44:41.140]  Personal consultation is available as well.
[44:41.140 --> 44:47.140]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mirris banner.
[44:47.140 --> 44:57.140]  Or email michaelmirris at yahoo.com.
[44:57.140 --> 45:01.140]  To learn how to stop debt collectors next.
[45:01.140 --> 45:04.140]  Are you the plaintiff or defendant in a lawsuit?
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[45:39.140 --> 45:43.140]  about the principles and practices that control our American courts.
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[45:56.140 --> 46:15.140]  Or call toll free 866-LAW-E-Z.
[46:15.140 --> 46:17.140]  Okay, we are back.
[46:17.140 --> 46:25.140]  Randy Kelton, rule of law radio on this Friday, the fourth day of October, 2019.
[46:25.140 --> 46:29.140]  And we're going to Scott in Texas.
[46:29.140 --> 46:32.140]  Scott, I was hoping to have Brett on.
[46:32.140 --> 46:36.140]  I'm concerned that something held him up.
[46:36.140 --> 46:45.140]  He had some good information on this bar grievance issue we talked about last night.
[46:45.140 --> 46:48.140]  So what do you have for us?
[46:48.140 --> 46:51.140]  I take it you want to talk about that issue.
[46:51.140 --> 46:56.140]  Well, yeah, we can certainly pick back up on that a little bit.
[46:56.140 --> 47:03.140]  And to kind of clarify, you know, the intent, I guess, is, you know, what I was thinking is,
[47:03.140 --> 47:11.140]  I mean, this could almost be like a white paper type deal where addressing this on-budgment type thing,
[47:11.140 --> 47:14.140]  but we need like 12 people.
[47:14.140 --> 47:20.140]  And if 12, you said you want to craft this document, I volunteer you to craft it.
[47:20.140 --> 47:22.140]  Then we need to get 12 people.
[47:22.140 --> 47:24.140]  No, no, no, no, no, you missed that.
[47:24.140 --> 47:28.140]  I wanted you to craft it the way I wanted you to craft it.
[47:28.140 --> 47:30.140]  Oh, no, no, no.
[47:30.140 --> 47:33.140]  I want you to craft it because you're so creative.
[47:33.140 --> 47:38.140]  And then I'll proof it over with some of the insurance term and all of the stuff.
[47:38.140 --> 47:43.140]  And then we'll just get, but we need 12 people to have also done this so we could, like,
[47:43.140 --> 47:48.140]  have a timeline and put this together because 12 people is like a grand jury.
[47:48.140 --> 47:54.140]  And now we have 12, you know, credible people.
[47:54.140 --> 48:03.140]  They're fact-witnesses into this, you know, paper here and it has to get presented.
[48:03.140 --> 48:09.140]  And then, you know, somebody's going to have to start answering some questions, you know,
[48:09.140 --> 48:11.140]  because we're bringing this to them.
[48:11.140 --> 48:15.140]  And I thought something was really interesting today.
[48:15.140 --> 48:20.140]  I don't normally, you know, bring up President Trump or anything,
[48:20.140 --> 48:24.140]  but this is one little tweet that got posted today.
[48:24.140 --> 48:27.140]  And it's, yeah, today.
[48:27.140 --> 48:28.140]  No, it was yesterday.
[48:28.140 --> 48:34.140]  It says, as president of the United States, I have an absolute right, perhaps even a duty,
[48:34.140 --> 48:38.140]  to investigate or have investigated corruption.
[48:38.140 --> 48:43.140]  And that would include asking or suggesting other countries to help us out, you know,
[48:43.140 --> 48:47.140]  like, well, let's just replace this with a couple of key words.
[48:47.140 --> 48:55.140]  As a American of the United States, I have an absolute right, perhaps even a duty,
[48:55.140 --> 49:01.140]  to investigate or have investigated corruption that would include asking or suggesting other
[49:01.140 --> 49:06.140]  agencies to help us out, such as the Ombudsman.
[49:06.140 --> 49:13.140]  So corruption is going to the heart of the scheme where I was talking about the fraud,
[49:13.140 --> 49:20.140]  waste and abuse, because now these are all terms of, you know, legal liability terms
[49:20.140 --> 49:31.140]  that will carry a lot of weight and credit, as far as what usually being specific about.
[49:31.140 --> 49:39.140]  You mentioned the term white paper, and that's, I'm glad you mentioned that.
[49:39.140 --> 49:43.140]  White paper is what we produce for our legislators.
[49:43.140 --> 49:51.140]  If we want a legislator to change the law, then we present the legislator with a white paper.
[49:51.140 --> 49:58.140]  And the white paper gives him all the information and provides all the research necessary to
[49:58.140 --> 50:05.140]  justify and support the law and tells him how it will affect other existing law,
[50:05.140 --> 50:14.140]  what it will cost, any potential conflicts with officials and existing official duty,
[50:14.140 --> 50:18.140]  all of these questions that would normally come up about a new law.
[50:18.140 --> 50:20.140]  You do all of that in a white paper.
[50:20.140 --> 50:23.140]  You make the entire argument.
[50:23.140 --> 50:36.140]  What would be the smallest change we could ask the Supreme Court to make as concerns their rulings
[50:36.140 --> 50:43.140]  governing the state bar association that would have the greatest impact.
[50:43.140 --> 50:52.140]  You know, I've been listening to me on this show for a long time and always my primary issue.
[50:52.140 --> 50:59.140]  Take someone arrested directly to the nearest magistrate.
[50:59.140 --> 51:02.140]  Everything I do is about that.
[51:02.140 --> 51:07.140]  That's my ultimate goal, get every arrested person directly to a magistrate.
[51:07.140 --> 51:10.140]  When the magistrate doesn't do his job right, that's okay.
[51:10.140 --> 51:13.140]  We can go after the magistrate, but first we've got to get him there.
[51:13.140 --> 51:24.140]  Okay, what would be the touchstone that would have the effect of disrupting the ability of the state bar
[51:24.140 --> 51:33.140]  to effectively shield its members from their bad behavior?
[51:33.140 --> 51:35.140]  And that's not really, that's a rhetorical question.
[51:35.140 --> 51:42.140]  It's something we think about as we look at how we're putting these things together.
[51:42.140 --> 51:46.140]  We're looking at the problems that are occurring.
[51:46.140 --> 51:57.140]  Or could we stick a little speed bump in front of some procedure that would interrupt that whole thing?
[51:57.140 --> 51:58.140]  You know, and study the law.
[51:58.140 --> 52:00.140]  I studied it a long time.
[52:00.140 --> 52:04.140]  You know, I looked at it and everything was wrong.
[52:04.140 --> 52:09.140]  Everything from arrest to trial was just horribly wrong.
[52:09.140 --> 52:15.140]  So being an engineer, when everything is wrong, you can't look at everything.
[52:15.140 --> 52:17.140]  You have to find a kernel.
[52:17.140 --> 52:20.140]  Something, something caused all this.
[52:20.140 --> 52:29.140]  There's somewhere, there was something that set things as skew and the problem compounded itself.
[52:29.140 --> 52:35.140]  And it took me 15 years to focus back to examining trial.
[52:35.140 --> 52:37.140]  That's what was missing.
[52:37.140 --> 52:39.140]  State bar.
[52:39.140 --> 52:52.140]  How is the agency regulating private detectives, plumbers, electrician?
[52:52.140 --> 52:59.140]  How are they different than the bar?
[52:59.140 --> 53:00.140]  They're not.
[53:00.140 --> 53:04.140]  I mean, they're all, they, but what is the bar?
[53:04.140 --> 53:12.140]  What is, okay, you need to go back to what is the attorney's main duty?
[53:12.140 --> 53:25.140]  And his duty is to seek justice and not, it's not seeking prosecution, not fabricating evidence or withholding evidence.
[53:25.140 --> 53:26.140]  Yeah, that's nice.
[53:26.140 --> 53:27.140]  High-minded rhetoric.
[53:27.140 --> 53:33.140]  It shall be the duty of the prosecuting attorney not to secure conviction.
[53:33.140 --> 53:35.140]  I've seen this in most every state I've looked at.
[53:35.140 --> 53:43.140]  It's almost the same verbiage, not to secure conviction, but to ensure that justice is served.
[53:43.140 --> 53:48.140]  He shall not seek with witnesses or evidence that will show the innocence of the accused or mitigate the guilt of the accused.
[53:48.140 --> 53:51.140]  Yeah, that's what it says.
[53:51.140 --> 53:54.140]  But that's not what they do.
[53:54.140 --> 53:56.140]  And that's a good point.
[53:56.140 --> 54:00.140]  What nail could we drive into that?
[54:00.140 --> 54:13.140]  How do we put the script on that, Dan, to make it to where they becomes a liability when they don't do it?
[54:13.140 --> 54:23.140]  Maybe add a paragraph to the end of Chapter 2.
[54:23.140 --> 54:31.140]  Chapter 2, the Texaco-Ducrum procedure goes to duties of officers, and every state has one.
[54:31.140 --> 54:42.140]  A violation of any provision of this act is an act of official misconduct, class A misdemeanor.
[54:42.140 --> 54:54.140]  It's already in law, right, under 3903, but it's not explicit right here.
[54:54.140 --> 54:57.140]  Maybe, you know, I'm just throwing stuff out there.
[54:57.140 --> 55:00.140]  That's heavy-handed.
[55:00.140 --> 55:07.140]  There are probably small changes we can make other than that.
[55:07.140 --> 55:17.140]  Tennessee, there is a statute that says that a private citizen can petition the grand jury.
[55:17.140 --> 55:26.140]  He may present to the foreman and to grand jury members of his choice.
[55:26.140 --> 55:32.140]  I read that and said, holy mackerel.
[55:32.140 --> 55:36.140]  That is so incredibly powerful.
[55:36.140 --> 55:40.140]  Now, we essentially already have that in Texas law.
[55:40.140 --> 55:46.140]  It says the grand jury shall investigate into this 20.09 code of criminal procedure.
[55:46.140 --> 56:02.140]  The grand jury shall investigate into all crimes subject to indictment that come to their knowledge by way of any member of the grand jury, the prosecuting attorney, or any credible person.
[56:02.140 --> 56:14.140]  But what it does not say explicitly is that any credible person may give notice unhindered of crime to the grand jury.
[56:14.140 --> 56:19.140]  It doesn't explicitly say that.
[56:19.140 --> 56:47.140]  One of the things that we had looked at for quite a while is to change that code that the grand jury shall investigate into all crimes that come to their knowledge by way of the prosecuting attorney, by way of any member of the grand jury, the prosecuting attorney, or any credible person.
[56:47.140 --> 56:59.140]  And then we add any citizen may give notice to the foreman of the grand jury of crime.
[56:59.140 --> 57:03.140]  Boom. That establishes the right.
[57:03.140 --> 57:06.140]  That's what we have here in Tennessee.
[57:06.140 --> 57:12.140]  I have a woman who called the police because her husband is, they're having a big argument.
[57:12.140 --> 57:14.140]  She's hoping they'd kind of sell things down.
[57:14.140 --> 57:16.140]  They come out and they wound up arresting her.
[57:16.140 --> 57:18.140]  The cops said it wasn't going to arrest anyone.
[57:18.140 --> 57:19.140]  The sergeant come by.
[57:19.140 --> 57:20.140]  Anybody knew.
[57:20.140 --> 57:22.140]  The sergeant come by and said, somebody's getting arrested here today.
[57:22.140 --> 57:23.140]  So they decided to arrest her.
[57:23.140 --> 57:26.140]  They made up a story that didn't happen.
[57:26.140 --> 57:28.140]  So she talked to me about it.
[57:28.140 --> 57:30.140]  I've got affidavits from both of them.
[57:30.140 --> 57:38.140]  And I'm making up a set of criminal complaints against the officer and the unknown sergeant.
[57:38.140 --> 57:50.140]  I'm accusing them of arresting her for family abuse or what's the term for espousal abuse
[57:50.140 --> 58:00.140]  because it has a special provision that allows the county to assess an extra fine that stays in the county.
[58:00.140 --> 58:04.140]  And I'm going to file that myself with the grand jury.
[58:04.140 --> 58:06.140]  And they're going to say, who are you?
[58:06.140 --> 58:08.140]  Are they helping?
[58:08.140 --> 58:10.140]  What business is this of yours?
[58:10.140 --> 58:12.140]  None.
[58:12.140 --> 58:14.140]  Deal with it.
[58:14.140 --> 58:17.140]  That's the thing that should be the most frightening to them.
[58:17.140 --> 58:19.140]  Maybe that's one thing we could do.
[58:19.140 --> 58:21.140]  But then again, I'm just storage stuff out.
[58:21.140 --> 58:29.140]  As we dig through this, I'd like to find something more subtle so they don't really see it coming.
[58:29.140 --> 58:34.140]  So when you ask the legislators to pass it, it looks innocuous.
[58:34.140 --> 58:40.140]  And they don't really see the importance of it until it gets passed and then we come in land on them like a ton of bricks.
[58:40.140 --> 58:42.140]  Hang on, about to go to break.
[58:42.140 --> 58:48.140]  Randy Kelton, Rural Law Radio, I call that number 512-646-1984.
[58:48.140 --> 58:50.140]  We'll be right back.
[58:50.140 --> 58:54.140]  Would you like to make more definite progress in your walk with God?
[58:54.140 --> 59:01.140]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.140 --> 59:06.140]  The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:06.140 --> 59:13.140]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.140 --> 59:18.140]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.140 --> 59:28.140]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ and how to build up the church.
[59:28.140 --> 59:33.140]  Order your free New Testament recovery version and Basic Elements of the Christian Life.
[59:33.140 --> 59:40.140]  Call Bibles for America toll free at 888-551-0102.
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[59:44.140 --> 01:00:00.140]  Or visit us online at bfa.org.
[01:00:00.140 --> 01:00:15.140]  The following is brought to you by The Lone Star Lowdown.
[01:00:30.140 --> 01:00:59.140]  Today in history, the year 1916, the Preparedness Day bombing, a time suitcase bomb, was detonated on Market Street in San Francisco during the World War I Preparedness Day Parade, killing 10 and injuring 40.
[01:00:59.140 --> 01:01:04.140]  Today in history.
[01:01:04.140 --> 01:01:24.140]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing heaven attacks his law back in June, county prosecutors around the state including Houston, Austin, and San Antonio have been dropping marijuana possession charges and even refusing to file new ones since they are stipulating that they do not have the time or the laboratory equipment to test the earth for THC.
[01:01:24.140 --> 01:01:33.140]  Margaret Moore, the Travis County District Attorney, announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[01:01:33.140 --> 01:01:47.140]  Mr. Abbott and other state officials including the Attorney General stipulated in a letter to county district attorneys back on Thursday that marijuana has not been decriminalized in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works.
[01:01:47.140 --> 01:02:01.140]  As well as other cities too like the District Attorney in El Paso, Cayma Esparza, a Democrat who also stated earlier this month that the law, quote, will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:01.140 --> 01:02:13.140]  However, the issue was succinctly summarized by Mr. Brandon Ball and an assistant public defender in Harris County who stated that, quote, the law is constantly changing on what makes something illegal based on its chemical makeup.
[01:02:13.140 --> 01:02:22.140]  It's important that if someone is charged with something, the test matches what they're charged with.
[01:02:22.140 --> 01:02:27.140]  A paper by Tulane University identified a five and a half inch American pocket shark.
[01:02:27.140 --> 01:02:39.140]  As the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:39.140 --> 01:02:51.140]  According to the university paper, the shark secretes a lumus fluid from a gland near its front fins for the purposes hypothesized to lure and prey who may be drawn into the glow.
[01:02:51.140 --> 01:03:00.140]  This was Book Roadie with the Lowdown for July 22, 2019.
[01:03:00.140 --> 01:03:09.140]  It's all according to the will of the Almighty.
[01:03:09.140 --> 01:03:17.140]  I read his book and it says to care some for the unsightly.
[01:03:17.140 --> 01:03:24.140]  These warm unders come by that term right there.
[01:03:24.140 --> 01:03:31.140]  I won't pay for the war with my body.
[01:03:31.140 --> 01:03:35.140]  I ain't gonna pay for the car with my money.
[01:03:35.140 --> 01:03:38.140]  I won't pay for the fun with my body.
[01:03:38.140 --> 01:04:05.140]  I ain't gonna pay for the war with my body.
[01:04:05.140 --> 01:04:22.140]  We have the bar doing what appears to be an abuse of their discretion by expanding determinations concerning inquiries and complaints.
[01:04:22.140 --> 01:04:26.140]  So how do we beat them up for that?
[01:04:26.140 --> 01:04:37.140]  How do we craft a story that looks like what they're doing creates problems for lawyers?
[01:04:37.140 --> 01:04:44.140]  And we have, I have a good tool for that with, especially Scott Smith as he's filed.
[01:04:44.140 --> 01:04:49.140]  I have no doubt that when he contacts them, they're gonna know who he is.
[01:04:49.140 --> 01:04:55.140]  You've probably filed more bar grievances himself than anybody else in Texas.
[01:04:55.140 --> 01:05:08.140]  And the fact that he filed these bar grievances and included criminal allegations with them and the state bar trashed them.
[01:05:08.140 --> 01:05:14.140]  That's very, very problematic.
[01:05:14.140 --> 01:05:25.140]  As questionable as what a member of the bar should do when he has it made known to him that a crime has been committed.
[01:05:25.140 --> 01:05:29.140]  Let me explain that a little bit.
[01:05:29.140 --> 01:05:34.140]  You know, you normally think that I tell you that a crime's been committed.
[01:05:34.140 --> 01:05:37.140]  Well, you know, you might believe it, you might not.
[01:05:37.140 --> 01:05:46.140]  In Texas law, what Scott did was sent verified criminal affidavits.
[01:05:46.140 --> 01:05:57.140]  Now that's a verified criminal affidavit sent by a credible person as the term is defined in Texas law.
[01:05:57.140 --> 01:06:03.140]  A credible person is a person over the 18, never convicted of felony.
[01:06:03.140 --> 01:06:10.140]  And that's all the requirements of a credible person, so he is by definition a credible person.
[01:06:10.140 --> 01:06:17.140]  And a credible person has given notice by verified affidavit that crimes have been committed.
[01:06:17.140 --> 01:06:25.140]  This is not something that an official has the power to usurp.
[01:06:25.140 --> 01:06:32.140]  Only a magistrate may make a determination of probable cause, not a member of the bar.
[01:06:32.140 --> 01:06:41.140]  And if I remember right, it's in the bar standards that if a lawyer has knowledge that another lawyer is committed a crime,
[01:06:41.140 --> 01:06:43.140]  he has a duty to report that knowledge.
[01:06:43.140 --> 01:06:47.140]  Do you remember seeing that anywhere, Scott?
[01:06:47.140 --> 01:06:51.140]  Oh yeah, they obviously have a duty to report a crime.
[01:06:51.140 --> 01:06:58.140]  They are held just to the higher standard because they are an officer of the court.
[01:06:58.140 --> 01:07:07.140]  So therefore, if they see a crime, they have a duty and an obligation to report that crime and make notice of a crime.
[01:07:07.140 --> 01:07:16.140]  So what if you took every one of those grievances that included an allegation of a criminal act
[01:07:16.140 --> 01:07:30.140]  and took the letter you received, bowing you off, and filed obstruction of justice against the signatory on the letter?
[01:07:30.140 --> 01:07:40.140]  Well, let's just get back to the white paper and get back to getting a lot of people in on this thing
[01:07:40.140 --> 01:07:47.140]  and start building a true timeline and showing that there's more than one person.
[01:07:47.140 --> 01:07:51.140]  There's, like I said, if we had 12 people, that's like a jury.
[01:07:51.140 --> 01:07:54.140]  That's spooky because you're talking about getting political.
[01:07:54.140 --> 01:07:59.140]  That is the key way to get political quick.
[01:07:59.140 --> 01:08:00.140]  Let me think.
[01:08:00.140 --> 01:08:01.140]  Who do we know?
[01:08:01.140 --> 01:08:02.140]  We got Brett.
[01:08:02.140 --> 01:08:03.140]  We got you.
[01:08:03.140 --> 01:08:05.140]  We got Adam.
[01:08:05.140 --> 01:08:11.140]  They'll hear the radio. You shouldn't even get back in touch with you and just start.
[01:08:11.140 --> 01:08:15.140]  There's a guy in South Texas who's wife hit a deer or something.
[01:08:15.140 --> 01:08:16.140]  That's Adam.
[01:08:16.140 --> 01:08:18.140]  He'd be great.
[01:08:18.140 --> 01:08:20.140]  And there are more.
[01:08:20.140 --> 01:08:22.140]  We just need to mobilize them.
[01:08:22.140 --> 01:08:27.140]  But we need to set up what we want to do to them.
[01:08:27.140 --> 01:08:32.140]  Before we go to the Supreme, we need to have them all set up.
[01:08:32.140 --> 01:08:39.140]  So you filed all these grievances with the notices of crime.
[01:08:39.140 --> 01:08:47.140]  Now we need to take criminal complaints against the lawyer who received the grievance,
[01:08:47.140 --> 01:08:52.140]  who determined that it was an inquiry and charged them with shielding from prosecution.
[01:08:52.140 --> 01:08:54.140]  That's a felony in the state of Texas.
[01:08:54.140 --> 01:08:57.140]  Ain't nobody ever signed any of those back then.
[01:08:57.140 --> 01:09:02.140]  All they do is just give you the cookie cutter, respond, and then regard.
[01:09:02.140 --> 01:09:04.140]  That's easy enough.
[01:09:04.140 --> 01:09:10.140]  The director, whoever the president of the bar is, respondeat superior.
[01:09:10.140 --> 01:09:13.140]  Everyone was acting under his direction.
[01:09:13.140 --> 01:09:20.140]  And then we find, then we do discovery to find out who works in the department that makes
[01:09:20.140 --> 01:09:25.140]  where they screen these and name every single one of them.
[01:09:25.140 --> 01:09:29.140]  And then bar grieve every single one of them.
[01:09:29.140 --> 01:09:34.140]  For every single one of them.
[01:09:34.140 --> 01:09:39.140]  They will very quickly be in a position where they can only work for government.
[01:09:39.140 --> 01:09:43.140]  Because no law firm in their right mind would hire these guys when they got a stack of
[01:09:43.140 --> 01:09:49.140]  bar grievances against them for shielding from prosecution.
[01:09:49.140 --> 01:09:52.140]  Criminal charges.
[01:09:52.140 --> 01:09:57.140]  Then we go to the screen and say, this is the door you guys opened.
[01:09:57.140 --> 01:10:00.140]  So don't get mad at us for walking through it.
[01:10:00.140 --> 01:10:05.140]  And we're going to help everyone in Texas walk through this door.
[01:10:05.140 --> 01:10:13.140]  Your only defense against this is to get these lawyers to act in accordance with your standards.
[01:10:13.140 --> 01:10:19.140]  If you don't have the heart to do that and discipline them, we'll do it for you.
[01:10:19.140 --> 01:10:22.140]  I think it needs to be heavy handed.
[01:10:22.140 --> 01:10:27.140]  I mean, they need to have a slap in the face and a wake up call.
[01:10:27.140 --> 01:10:30.140]  Because this goes to corruption.
[01:10:30.140 --> 01:10:37.140]  Broad waste and abuse, this is multi-billion dollar deal here.
[01:10:37.140 --> 01:10:38.140]  And this is huge.
[01:10:38.140 --> 01:10:45.140]  Talks to mention everybody's lives can get shattered by stupid things like this.
[01:10:45.140 --> 01:10:48.140]  It happens all the time.
[01:10:48.140 --> 01:10:52.140]  Lawyers think nothing of ruining somebody's life.
[01:10:52.140 --> 01:10:57.140]  And there are a lot of lawyers who really want to be good guys.
[01:10:57.140 --> 01:11:01.140]  They're stuck in a system they didn't create.
[01:11:01.140 --> 01:11:03.140]  So how do we fix it?
[01:11:03.140 --> 01:11:05.140]  How do we kick their butts?
[01:11:05.140 --> 01:11:07.140]  And they say, well, my fault.
[01:11:07.140 --> 01:11:09.140]  Sorry, Bubba, life is tough.
[01:11:09.140 --> 01:11:17.140]  It's better to beat up the innocent guy than he can go to the guy that caused it with righteous indignation.
[01:11:17.140 --> 01:11:24.140]  No way to argue out of it.
[01:11:24.140 --> 01:11:30.140]  It basically kind of goes back to their constitutional duties, powers, and authority.
[01:11:30.140 --> 01:11:32.140]  I mean, what is their duty of office?
[01:11:32.140 --> 01:11:36.140]  Their duty of the office is to remain in scope.
[01:11:36.140 --> 01:11:44.140]  And so when they're acting outside of scope, then they don't have a qualified immunity no more.
[01:11:44.140 --> 01:11:48.140]  So now they create their own liability.
[01:11:48.140 --> 01:11:58.140]  There's the public interest liability, which now we're talking about raising the community standard.
[01:11:58.140 --> 01:12:06.140]  So yeah, this is kind of bringing it to them in that white paper type deal to the ombudsman.
[01:12:06.140 --> 01:12:10.140]  It's bringing it forward to say, look, this is how we're fixing to start going after you.
[01:12:10.140 --> 01:12:14.140]  Here's the shot across the bow because it's coming.
[01:12:14.140 --> 01:12:23.140]  Well, we could send the ombudsman the criminal complaints against the director of the state bar
[01:12:23.140 --> 01:12:32.140]  and every member of the team that screens incoming grievances,
[01:12:32.140 --> 01:12:41.140]  and name each one of them for each violation that we have, and send that to the ombudsman.
[01:12:41.140 --> 01:12:44.140]  What's the ombudsman going to do now?
[01:12:44.140 --> 01:12:49.140]  You're going to do the same thing that the lawyers did that got them charged?
[01:12:49.140 --> 01:12:53.140]  Ombudsman on a real big time.
[01:12:53.140 --> 01:12:54.140]  There you go.
[01:12:54.140 --> 01:12:58.140]  Now it's getting political because he has to go run into the Supreme Court.
[01:12:58.140 --> 01:13:01.140]  So what the heck y'all get me into?
[01:13:01.140 --> 01:13:04.140]  Exactly.
[01:13:04.140 --> 01:13:14.140]  And the Chief Justice of the Supreme, he's going to see himself on that same time.
[01:13:14.140 --> 01:13:19.140]  And if we can have a number of people doing this, I'm telling you guys,
[01:13:19.140 --> 01:13:22.140]  we have went to the Senate subcommittee hearings.
[01:13:22.140 --> 01:13:30.140]  We go to a Senate subcommittee hearing on criminal justice in a state with 25 million people.
[01:13:30.140 --> 01:13:36.140]  And there are about 40 or 50 people in the room, and at least 30 of them are special interests.
[01:13:36.140 --> 01:13:43.140]  Lawyers and corporations who want things specific to them.
[01:13:43.140 --> 01:13:48.140]  About eight or 10 of them are just ordinary citizens like you or I.
[01:13:48.140 --> 01:13:55.140]  And you guys should have been there when I sicked Eddie Craig on the commission.
[01:13:55.140 --> 01:14:01.140]  You know, Eddie Craig was a Baptist preacher at one point.
[01:14:01.140 --> 01:14:08.140]  And he got in front of these guys, he unloaded with hell, fire and brimstone.
[01:14:08.140 --> 01:14:18.140]  The, what we were trying to do is get 39.03 increased to a felony if there was bodily injury.
[01:14:18.140 --> 01:14:21.140]  And they got it quickly.
[01:14:21.140 --> 01:14:27.140]  It doesn't take many ordinary citizens to really get their attention,
[01:14:27.140 --> 01:14:32.140]  especially when the ordinary citizen is crawling down their throat,
[01:14:32.140 --> 01:14:37.140]  stomp for their feet all the way because they're going to go to the Justice Department and say,
[01:14:37.140 --> 01:14:39.140]  what's our remedy?
[01:14:39.140 --> 01:14:41.140]  Yeah, good luck with that, guys.
[01:14:41.140 --> 01:14:43.140]  What is your remedy?
[01:14:43.140 --> 01:14:46.140]  These guys are filing valid criminal complaints against you.
[01:14:46.140 --> 01:14:55.140]  These all go before a magistrate where they petition for a determination of probable cause.
[01:14:55.140 --> 01:15:03.140]  And when that doesn't happen, then we take them all to the feds and see what the feds think about your shenanigans.
[01:15:03.140 --> 01:15:06.140]  And they are afraid of the feds.
[01:15:06.140 --> 01:15:10.140]  Take state to the fed and fed to the state.
[01:15:10.140 --> 01:15:16.140]  So when they look at us setting them up for a RICO claim in the fed,
[01:15:16.140 --> 01:15:19.140]  they're going to have to do something to fix this.
[01:15:19.140 --> 01:15:22.140]  They could get out of hand.
[01:15:22.140 --> 01:15:25.140]  Well, that's more story than sticking to it.
[01:15:25.140 --> 01:15:37.140]  Scott, we got a whole board full of collars, so I do need to move on, but I need to stay in touch on this.
[01:15:37.140 --> 01:15:44.140]  Let's talk during the week. I want to start putting together some real strategy for going after them.
[01:15:44.140 --> 01:15:46.140]  And then we'll come back next week.
[01:15:46.140 --> 01:15:56.140]  Let's see if we can't propose a strategy to everybody out there who feels like they have been thrown under the bus by one of their lawyers.
[01:15:56.140 --> 01:16:00.140]  Scott, do you think we'll get very many of those?
[01:16:00.140 --> 01:16:10.140]  Yeah, now you're talking about getting the real traffic going. That sounds good to me.
[01:16:10.140 --> 01:16:19.140]  The only ones that will feel that way are the ones who have either had a court-appointing counsel or has paid an attorney.
[01:16:19.140 --> 01:16:22.140]  And that's all. The rest of them be fine.
[01:16:22.140 --> 01:16:28.140]  Yeah, so no, you probably won't get maybe one or two, but it'll be interesting for sure.
[01:16:28.140 --> 01:16:34.140]  But, oh yeah, this will be good. So I'll talk to you later and we'll go from there. Bye.
[01:16:34.140 --> 01:16:45.140]  Okay, thank you, Scott. Okay, we are going to break Randy Kelton, Wheel of Law Radio, our call-in number 512-646-1984.
[01:16:45.140 --> 01:16:51.140]  Scott's just about to drop off, and that'll give us another slot on the board, so we should have a question or comment.
[01:16:51.140 --> 01:16:58.140]  Give us a call. We'll be right back.
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[01:19:11.140 --> 01:19:34.140]  Okay, we are back. Randy Kelton, Google Our Radio on this Friday, the 4th of day of October,
[01:19:34.140 --> 01:19:40.140]  2019, and we're going to Tina in California. Hello, Tina.
[01:19:40.140 --> 01:19:42.140]  Hello, Randy. How are you?
[01:19:42.140 --> 01:19:46.140]  I am good. What do you have for us today?
[01:19:46.140 --> 01:19:52.140]  Well, you've been talking on one of my favorite topics tonight, haven't you?
[01:19:52.140 --> 01:19:55.140]  Yes, I have.
[01:19:55.140 --> 01:19:58.140]  And you knew that I could.
[01:19:58.140 --> 01:20:06.140]  For those of you who don't know, Tina is already stomping around in the Supreme Court over the
[01:20:06.140 --> 01:20:11.140]  failures of the state bar, and this is in California.
[01:20:11.140 --> 01:20:14.140]  Okay, what's happening there?
[01:20:14.140 --> 01:20:25.140]  Well, I literally just picked up my mail today. And remember, before I left, the local court
[01:20:25.140 --> 01:20:36.140]  had given me only basically eight days to respond to their decision on the declaratory judgment
[01:20:36.140 --> 01:20:44.140]  regarding California statute 2941. And I was leaving the next day, and I'd already told
[01:20:44.140 --> 01:20:50.140]  the court a month earlier that I would not be available and would not have internet access.
[01:20:50.140 --> 01:20:58.140]  And so, I quickly, very quickly rushed off the, you know, a request for an extension of
[01:20:58.140 --> 01:21:06.140]  time, asking them to extend it to October 31st because I do not have a staff of attorneys
[01:21:06.140 --> 01:21:13.140]  like the other side, and I would not be able to pick up my mail till the 7th.
[01:21:13.140 --> 01:21:19.140]  And we actually came back a day too early, so I was able to pick it up today.
[01:21:19.140 --> 01:21:23.140]  And it was only by pure chance that we came back early.
[01:21:23.140 --> 01:21:35.140]  And I received a letter saying they have extended the time for me to respond to on
[01:21:35.140 --> 01:21:43.140]  or before October 17th. So, still not giving me a lot of time based on the fact that I'm
[01:21:43.140 --> 01:21:51.140]  here today, and I do not have a staff to respond in research and get all the facts straight,
[01:21:51.140 --> 01:22:02.140]  but at least they did respond and just give me somewhat of an extension.
[01:22:02.140 --> 01:22:04.140]  Wait, I'm losing you.
[01:22:04.140 --> 01:22:09.140]  Hold on one second. Hold on. Let me turn this...
[01:22:09.140 --> 01:22:14.140]  Let me go and put this in another room.
[01:22:14.140 --> 01:22:25.140]  That had to hurt.
[01:22:25.140 --> 01:22:28.140]  Well, that doesn't sound good. That got very quiet all of a sudden.
[01:22:28.140 --> 01:22:30.140]  Okay, is that better? Is that better?
[01:22:30.140 --> 01:22:32.140]  Yeah, there we go. That's much better.
[01:22:32.140 --> 01:22:33.140]  Much better.
[01:22:33.140 --> 01:22:34.140]  Okay.
[01:22:34.140 --> 01:22:35.140]  We heard a big crash and we were...
[01:22:35.140 --> 01:22:36.140]  Yeah.
[01:22:36.140 --> 01:22:37.140]  I'm sorry.
[01:22:37.140 --> 01:22:44.140]  My Bluetooth on the stairs and shut the door on it.
[01:22:44.140 --> 01:22:46.140]  Where do I go from here?
[01:22:46.140 --> 01:22:47.140]  Now, I did...
[01:22:47.140 --> 01:22:54.140]  As you suggested, contact that grandma about helping me try to figure out what to respond
[01:22:54.140 --> 01:22:58.140]  to, and I sent her what you have.
[01:22:58.140 --> 01:23:00.140]  And she suggested that...
[01:23:00.140 --> 01:23:06.140]  Yeah, I respond like you said, but she thinks I should also put in all the other stuff that
[01:23:06.140 --> 01:23:15.140]  the judge seemed to say was like, okay, so what didn't you get resolved?
[01:23:15.140 --> 01:23:17.140]  What do you feel you didn't get resolved?
[01:23:17.140 --> 01:23:26.140]  And I talked to her about the prior judge, this daughter babysitting for this attorney,
[01:23:26.140 --> 01:23:29.140]  and when I reamed, nobody else...
[01:23:29.140 --> 01:23:32.140]  I told Randy, I just let it go.
[01:23:32.140 --> 01:23:34.140]  I did a Randy on them.
[01:23:34.140 --> 01:23:37.140]  I didn't hold back.
[01:23:37.140 --> 01:23:39.140]  I was so pissed.
[01:23:39.140 --> 01:23:46.140]  He's my friend from the show, but, you know, this attorney has lied at his back teeth,
[01:23:46.140 --> 01:23:49.140]  and he was so smarmy and so squirmy.
[01:23:49.140 --> 01:23:53.140]  And I said, well, you know, this attorney, I let him have it.
[01:23:53.140 --> 01:23:58.140]  I just outlined everything he's done, and he said, he was so huffy and puffy.
[01:23:58.140 --> 01:24:05.140]  And I said, I am just deeply, deeply offended by the accusations here.
[01:24:05.140 --> 01:24:10.140]  I am an attorney of good standing, and I'm really deeply offended.
[01:24:10.140 --> 01:24:15.140]  And I said, well, Your Honor, would you like me to give you a list of everything he's done?
[01:24:15.140 --> 01:24:21.140]  And let me start right here with this, this night gave example, and he was pissed.
[01:24:21.140 --> 01:24:24.140]  But I think the judge was just...
[01:24:24.140 --> 01:24:27.140]  She was obviously being very good.
[01:24:27.140 --> 01:24:32.140]  She was adhering to the judicial cannons of the Essex,
[01:24:32.140 --> 01:24:39.140]  but I also feel she was just giving me, you know, the chance to say my piece
[01:24:39.140 --> 01:24:44.140]  then she really was going to side with the attorney, because he's an attorney.
[01:24:44.140 --> 01:24:46.140]  Yes, exactly.
[01:24:46.140 --> 01:24:49.140]  But your piece is on the record.
[01:24:49.140 --> 01:24:59.140]  Well, I didn't have a... I did not have a, you know, a recorder there, because I obviously absolutely cannot afford it right now.
[01:24:59.140 --> 01:25:01.140]  But it is on the record.
[01:25:01.140 --> 01:25:10.140]  She knows it, and I'm going to write a piece about it and submit it to the court about what was said.
[01:25:10.140 --> 01:25:17.140]  But do I put in all these things just again to get it on the record?
[01:25:17.140 --> 01:25:22.140]  And do I try to figure out a way to put it in a...
[01:25:22.140 --> 01:25:28.140]  Here is the declaratory judgment where you have just gone through and nobody really understands it.
[01:25:28.140 --> 01:25:36.140]  And they, you know, you just outlined how you went to, what is it, the FBI or whatever,
[01:25:36.140 --> 01:25:39.140]  because one was denied.
[01:25:39.140 --> 01:25:46.140]  Do I put that in and then put another piece in, which I know the other side is going to say,
[01:25:46.140 --> 01:25:52.140]  oh, she didn't answer this before and this should be denied just to get it on the record.
[01:25:52.140 --> 01:25:57.140]  Yes, the judge should have refused himself when he found out his daughter was babysitting the other side.
[01:25:57.140 --> 01:26:05.140]  Yes, they did not apply the law to all the facts of the case, only the ones they wanted.
[01:26:05.140 --> 01:26:09.140]  Do I just let it all out one more time?
[01:26:09.140 --> 01:26:14.140]  Absolutely. Get it on the record as often as possible.
[01:26:14.140 --> 01:26:18.140]  Get every detail you can think of on the record.
[01:26:18.140 --> 01:26:23.140]  So would you put it... Here's the answer to the declaratory judgment.
[01:26:23.140 --> 01:26:27.140]  There is no claim to stop telling me there is.
[01:26:27.140 --> 01:26:30.140]  And then how do I transition to...
[01:26:30.140 --> 01:26:36.140]  And by the way, this is where I did not get justice to see because he keeps bringing up,
[01:26:36.140 --> 01:26:41.140]  oh, she's been filed five different lawsuits and they've all been deemed as frivolous.
[01:26:41.140 --> 01:26:47.140]  Can I say, well, the Supreme, you know, the Appeals Court extorted money out of me
[01:26:47.140 --> 01:26:50.140]  and didn't even look at my appeal.
[01:26:50.140 --> 01:27:01.140]  The prior judge before this did not even let me speak and canceled every single hearing the night before they were due,
[01:27:01.140 --> 01:27:06.140]  he canceled them and he never got to speak my peace in front of the judge.
[01:27:06.140 --> 01:27:11.140]  And he did not apply the law to all the facts of the case,
[01:27:11.140 --> 01:27:15.140]  a lot of which I'm finding out way after the fact.
[01:27:15.140 --> 01:27:19.140]  So how do I do this? Do I do it in two separate things?
[01:27:19.140 --> 01:27:22.140]  How do I present it?
[01:27:22.140 --> 01:27:26.140]  Have you filed criminally against the judge?
[01:27:26.140 --> 01:27:27.140]  Not yet.
[01:27:27.140 --> 01:27:31.140]  For simulating a legal process?
[01:27:31.140 --> 01:27:36.140]  I would like to file criminally against the prior judges, the Supreme Court judges,
[01:27:36.140 --> 01:27:41.140]  who extorted my fees out of me by saying,
[01:27:41.140 --> 01:27:46.140]  we are not going to hear your appeal if you don't pay the filing fee.
[01:27:46.140 --> 01:27:50.140]  And this is Astrid being deemed indigent by the lower court.
[01:27:50.140 --> 01:27:53.140]  And even if you do, we're probably not going to hear it anyway,
[01:27:53.140 --> 01:27:56.140]  but you better pay the filing fee because we just won't hear it.
[01:27:56.140 --> 01:27:59.140]  So that's extortion in my mind.
[01:27:59.140 --> 01:28:02.140]  I'd like to file criminally against that.
[01:28:02.140 --> 01:28:08.140]  I'd like to file criminally against the guy whose order was they be hearing this attorney.
[01:28:08.140 --> 01:28:10.140]  And you are right.
[01:28:10.140 --> 01:28:15.140]  The State Bar is the fox guard in the hinge house.
[01:28:15.140 --> 01:28:17.140]  They do absolutely nothing.
[01:28:17.140 --> 01:28:20.140]  And as some of these listeners will know,
[01:28:20.140 --> 01:28:30.140]  State Bar is refusing to allow me to look at any written response the attorney sent to my complaint,
[01:28:30.140 --> 01:28:36.140]  saying it's secret, and we're not allowed to look at it.
[01:28:36.140 --> 01:28:40.140]  That seems to deny due process.
[01:28:40.140 --> 01:28:42.140]  It's not that way here.
[01:28:42.140 --> 01:28:49.140]  If the lawyer files a response, he's to copy the complainant.
[01:28:49.140 --> 01:28:52.140]  So the complainant has opportunity to rebut.
[01:28:52.140 --> 01:29:00.140]  And I have no opportunities to rebut according to the California State Bar.
[01:29:00.140 --> 01:29:02.140]  So how do I...
[01:29:02.140 --> 01:29:04.140]  Wait a minute, wait a minute.
[01:29:04.140 --> 01:29:11.140]  Is that in California law, rules of the bar passed by the legislature,
[01:29:11.140 --> 01:29:16.140]  or is that a policy determination by the bar?
[01:29:16.140 --> 01:29:22.140]  I am not sure on that, but that is a very good question for me to try to research.
[01:29:22.140 --> 01:29:30.140]  If it's just a policy determination, absolutely you got grounds to challenge it.
[01:29:30.140 --> 01:29:32.140]  Okay, hang on.
[01:29:32.140 --> 01:29:33.140]  Back to go to break.
[01:29:33.140 --> 01:29:36.140]  This is Randy Kelton, rule of law radio.
[01:29:36.140 --> 01:29:40.140]  A call in number 512-646-1984.
[01:29:40.140 --> 01:29:43.140]  We have some open slots on the board.
[01:29:43.140 --> 01:29:47.140]  We do have Don Terry calling in here shortly.
[01:29:47.140 --> 01:29:50.140]  So we'll have a guest for a couple of segments.
[01:29:50.140 --> 01:29:53.140]  He's the one that took them on in Alabama and beat them.
[01:29:53.140 --> 01:30:03.140]  So hang on, we'll be right back.
[01:30:03.140 --> 01:30:08.140]  Since 9-11, our government has used invasive measures like warrantless phone taps
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[01:30:13.140 --> 01:30:42.140]  I'm Dr. Katherine Albrecht and I'll be back with the unsettling truth in just a moment.
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[01:31:30.140 --> 01:31:36.140]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
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[01:33:35.140 --> 01:33:46.140]  Okay, we are back.
[01:33:46.140 --> 01:33:50.140]  Randy Kelton from Rule of Law Radio here
[01:33:50.140 --> 01:33:53.140]  and we're talking to Tina in California.
[01:33:53.140 --> 01:33:56.140]  Okay, Tina, where were we?
[01:33:56.140 --> 01:34:02.140]  Okay, we were talking about throwing everything back in
[01:34:02.140 --> 01:34:06.140]  and I was asking you if you thought I should
[01:34:06.140 --> 01:34:09.140]  because it powers the judgment as you say.
[01:34:09.140 --> 01:34:11.140]  There is no claim.
[01:34:11.140 --> 01:34:14.140]  I mean, if you're calling it a claim and a complaint
[01:34:14.140 --> 01:34:17.140]  and all this, do I focus on that first
[01:34:17.140 --> 01:34:20.140]  and then do a completely separate thing
[01:34:20.140 --> 01:34:23.140]  saying as you're unafated, you know,
[01:34:23.140 --> 01:34:26.140]  and ask, you know, what point do you feel
[01:34:26.140 --> 01:34:29.140]  has never been addressed in the past?
[01:34:29.140 --> 01:34:32.140]  So I just let it all out and throw it in there.
[01:34:32.140 --> 01:34:35.140]  No, no, no, this is a declaratory judgment suit
[01:34:35.140 --> 01:34:38.140]  and they're trying to cloud the issue
[01:34:38.140 --> 01:34:41.140]  with matters that are irrelevant.
[01:34:41.140 --> 01:34:44.140]  Anything that goes to any prior suit is irrelevant.
[01:34:44.140 --> 01:34:47.140]  Anything that goes to any claims is irrelevant.
[01:34:47.140 --> 01:34:50.140]  Anything that goes to Resjudicata is irrelevant.
[01:34:50.140 --> 01:34:52.140]  Irrelevant.
[01:34:52.140 --> 01:34:57.140]  Do not let them suck you into arguing those issues.
[01:34:57.140 --> 01:35:00.140]  They would love for you to do that.
[01:35:00.140 --> 01:35:01.140]  Yeah.
[01:35:01.140 --> 01:35:03.140]  If they can get you off topic,
[01:35:03.140 --> 01:35:09.140]  then you give the judge leeway to move off point.
[01:35:09.140 --> 01:35:12.140]  But if you object every time they bring it up,
[01:35:12.140 --> 01:35:14.140]  it is irrelevant.
[01:35:14.140 --> 01:35:16.140]  Then if the judge moves in that direction,
[01:35:16.140 --> 01:35:21.140]  you've got good appellate material
[01:35:21.140 --> 01:35:24.140]  because this is just declaratory judgment.
[01:35:24.140 --> 01:35:30.140]  The law means what it says or does it not.
[01:35:30.140 --> 01:35:32.140]  For those of you who don't remember,
[01:35:32.140 --> 01:35:35.140]  there's a statute in California.
[01:35:35.140 --> 01:35:37.140]  What was the number of it?
[01:35:37.140 --> 01:35:39.140]  2941.
[01:35:39.140 --> 01:35:41.140]  2941.
[01:35:41.140 --> 01:35:46.140]  And it says that after a mortgage is,
[01:35:46.140 --> 01:35:49.140]  what's the term, not resolved or paid off.
[01:35:49.140 --> 01:35:51.140]  Fully satisfied.
[01:35:51.140 --> 01:35:54.140]  Fully satisfied.
[01:35:54.140 --> 01:35:59.140]  If the borrower requests the original note,
[01:35:59.140 --> 01:36:04.140]  the lender must provide the original note.
[01:36:04.140 --> 01:36:06.140]  That's pretty straightforward.
[01:36:06.140 --> 01:36:08.140]  Well, the lender said they had it,
[01:36:08.140 --> 01:36:10.140]  and based on the fact that they said they had it,
[01:36:10.140 --> 01:36:12.140]  the judge ruled in their favor.
[01:36:12.140 --> 01:36:17.140]  So she asked for it, and they didn't produce it.
[01:36:17.140 --> 01:36:21.140]  So instead of suing them to get it,
[01:36:21.140 --> 01:36:25.140]  she filed a petition for declaratory judgment
[01:36:25.140 --> 01:36:30.140]  and asked the court to rule whether or not
[01:36:30.140 --> 01:36:36.140]  the legislature met precisely what it said.
[01:36:36.140 --> 01:36:42.140]  When it said that the lender must produce it on request.
[01:36:42.140 --> 01:36:44.140]  That's the only thing before the court.
[01:36:44.140 --> 01:36:47.140]  Oh, she's filed all these suits.
[01:36:47.140 --> 01:36:50.140]  She's got all these rulings against her, blah, blah, blah.
[01:36:50.140 --> 01:36:52.140]  So what?
[01:36:52.140 --> 01:36:55.140]  What's that got to do with anything?
[01:36:55.140 --> 01:36:58.140]  Well, the other thing they said, Randy, remember,
[01:36:58.140 --> 01:37:01.140]  and we should let the listeners know,
[01:37:01.140 --> 01:37:06.140]  is twice in writing,
[01:37:06.140 --> 01:37:11.140]  the other sides of 20 have assured me and promised
[01:37:11.140 --> 01:37:13.140]  that they would send the original note.
[01:37:13.140 --> 01:37:15.140]  First, they said they would send it.
[01:37:15.140 --> 01:37:18.140]  They said, oh, it has taken us some months to find it,
[01:37:18.140 --> 01:37:22.140]  but we have located the original note, and we will send it.
[01:37:22.140 --> 01:37:24.140]  Then I filed an appeal.
[01:37:24.140 --> 01:37:25.140]  Oh, well, you filed an appeal,
[01:37:25.140 --> 01:37:27.140]  so now we're not going to send it
[01:37:27.140 --> 01:37:30.140]  until the action in the current case,
[01:37:30.140 --> 01:37:33.140]  which is where it was located, is over,
[01:37:33.140 --> 01:37:34.140]  and then we'll send it.
[01:37:34.140 --> 01:37:37.140]  That's over, and they didn't send it.
[01:37:37.140 --> 01:37:42.140]  So I sent a request to the CEO of the bank
[01:37:42.140 --> 01:37:46.140]  requesting it, and they ignored it,
[01:37:46.140 --> 01:37:48.140]  and so this is where I filed a sticker
[01:37:48.140 --> 01:37:52.140]  for judgment upon Randy's, you know, St. Jack guys.
[01:37:52.140 --> 01:37:58.140]  So here is the attorney making a promissory statement.
[01:37:58.140 --> 01:38:03.140]  To my mind, that is promissory fraud by an attorney.
[01:38:03.140 --> 01:38:07.140]  It goes to promissory estoppel.
[01:38:07.140 --> 01:38:10.140]  Yes, and that's what I put in.
[01:38:10.140 --> 01:38:15.140]  There's claiming that because it was a foreclosure,
[01:38:15.140 --> 01:38:18.140]  I am not the, and I forget,
[01:38:18.140 --> 01:38:20.140]  because I don't have it in front of me,
[01:38:20.140 --> 01:38:22.140]  and I wish I did right this second.
[01:38:22.140 --> 01:38:26.140]  I'm not the, what do they call it,
[01:38:26.140 --> 01:38:30.140]  when they changed, not services,
[01:38:30.140 --> 01:38:34.140]  but they, I'm not the trustee.
[01:38:34.140 --> 01:38:35.140]  An assignment?
[01:38:35.140 --> 01:38:36.140]  You're talking about an assignment?
[01:38:36.140 --> 01:38:39.140]  Yes, I'm not the trustee,
[01:38:39.140 --> 01:38:41.140]  and so I'm not entitled.
[01:38:41.140 --> 01:38:43.140]  Because it was a foreclosure,
[01:38:43.140 --> 01:38:45.140]  they assigned it to another trustee,
[01:38:45.140 --> 01:38:50.140]  so I'm not entitled to it, but...
[01:38:50.140 --> 01:38:53.140]  Wait a minute, to it?
[01:38:53.140 --> 01:38:56.140]  To the note, because I'm not the party,
[01:38:56.140 --> 01:38:59.140]  I'm not the trustee, and I'm not the,
[01:38:59.140 --> 01:39:01.140]  I forget the exact wording.
[01:39:01.140 --> 01:39:04.140]  I'm not entitled to it because it was a foreclosure,
[01:39:04.140 --> 01:39:08.140]  because they assigned it to a trustee.
[01:39:08.140 --> 01:39:11.140]  Okay, you are the borrower.
[01:39:11.140 --> 01:39:12.140]  Are you the borrower?
[01:39:12.140 --> 01:39:14.140]  You are always the borrower.
[01:39:14.140 --> 01:39:17.140]  You can never stop being the borrower.
[01:39:17.140 --> 01:39:20.140]  They can't stop you from being the borrower
[01:39:20.140 --> 01:39:27.140]  because they assigned the debt to a different party.
[01:39:27.140 --> 01:39:28.140]  Trustee.
[01:39:28.140 --> 01:39:30.140]  You are still the debtor.
[01:39:30.140 --> 01:39:31.140]  I'm still the debtor.
[01:39:31.140 --> 01:39:33.140]  They won't make me the debtor.
[01:39:33.140 --> 01:39:35.140]  They claim that you have to do this,
[01:39:35.140 --> 01:39:37.140]  because you're the debtor,
[01:39:37.140 --> 01:39:42.140]  and even if you sign the note as the trustee of a trust,
[01:39:42.140 --> 01:39:44.140]  they still make you sign as an individual.
[01:39:44.140 --> 01:39:46.140]  Oh, but you signed as the trustee of the trustee.
[01:39:46.140 --> 01:39:48.140]  You're not the debtor.
[01:39:48.140 --> 01:39:51.140]  No, you made me sign in two places.
[01:39:51.140 --> 01:39:53.140]  One as the trustee of the trust,
[01:39:53.140 --> 01:39:56.140]  and one as the debtor to make me personally responsible.
[01:39:56.140 --> 01:39:59.140]  Now you're saying I'm not a debtor
[01:39:59.140 --> 01:40:02.140]  because you assigned it to some substitute trustee,
[01:40:02.140 --> 01:40:04.140]  so that takes my rights away,
[01:40:04.140 --> 01:40:07.140]  and I have no rights now to it.
[01:40:07.140 --> 01:40:11.140]  So you want your cake, and you want to eat it too.
[01:40:11.140 --> 01:40:13.140]  That's a frivolous argument,
[01:40:13.140 --> 01:40:16.140]  and it should get a motion for sanctions.
[01:40:16.140 --> 01:40:19.140]  Did you bar-gweave them for that argument?
[01:40:19.140 --> 01:40:22.140]  No, I'm about to, but I've been, you know,
[01:40:22.140 --> 01:40:24.140]  I've been gone and I haven't had access,
[01:40:24.140 --> 01:40:27.140]  but I am about to bar-gweave them for all of this.
[01:40:27.140 --> 01:40:31.140]  But then again, I'm sending this bar-gweave
[01:40:31.140 --> 01:40:35.140]  to the fox who's guarding the handhelds in California,
[01:40:35.140 --> 01:40:39.140]  who says that I'm not entitled to see the responses,
[01:40:39.140 --> 01:40:42.140]  and we don't care because we're not going to do anything,
[01:40:42.140 --> 01:40:44.140]  and as this attorney said,
[01:40:44.140 --> 01:40:46.140]  well, see where your other complaints got you,
[01:40:46.140 --> 01:40:48.140]  so if you want to complain again, go ahead.
[01:40:48.140 --> 01:40:55.140]  This will make a great petition to the Supreme
[01:40:55.140 --> 01:41:05.140]  for a, since the Supreme is the ultimate arbiter of the bar,
[01:41:05.140 --> 01:41:10.140]  ask the Supreme to rule on the constitutionality
[01:41:10.140 --> 01:41:18.140]  of denying you access to a response to your accusation.
[01:41:18.140 --> 01:41:22.140]  That would seem to be a constitutional issue,
[01:41:22.140 --> 01:41:25.140]  and if they see it coming as a constitutional issue,
[01:41:25.140 --> 01:41:27.140]  they're not going to want to get it litigated
[01:41:27.140 --> 01:41:30.140]  because they might get it ruled against them.
[01:41:30.140 --> 01:41:34.140]  Yeah, remember this is the same Supreme Court
[01:41:34.140 --> 01:41:36.140]  who you suggested and I did
[01:41:36.140 --> 01:41:38.140]  because I thought it was a very bad idea.
[01:41:38.140 --> 01:41:46.140]  I had a friend who was not associated with my case request.
[01:41:46.140 --> 01:41:49.140]  Their names of the parties did the research
[01:41:49.140 --> 01:41:55.140]  into them denying me my complaints against the attorney.
[01:41:55.140 --> 01:41:57.140]  They haven't responded to this.
[01:41:57.140 --> 01:42:04.140]  That should get a charge of a denial of good faith and fair services.
[01:42:04.140 --> 01:42:08.140]  Denial of good faith and what?
[01:42:08.140 --> 01:42:10.140]  Fair services.
[01:42:10.140 --> 01:42:11.140]  And fair services.
[01:42:11.140 --> 01:42:15.140]  The Supreme made you pay for it.
[01:42:15.140 --> 01:42:21.140]  And then they did not examine into your accusation.
[01:42:21.140 --> 01:42:24.140]  That denies good faith and fair services.
[01:42:24.140 --> 01:42:28.140]  And the presumption is, since they didn't release the names of the clerks,
[01:42:28.140 --> 01:42:32.140]  that they did not give them to any clerks.
[01:42:32.140 --> 01:42:38.140]  And when you petition for a claim of good faith and fair services,
[01:42:38.140 --> 01:42:42.140]  I'm not sure how they will get around that
[01:42:42.140 --> 01:42:45.140]  because that would be out of scope.
[01:42:45.140 --> 01:42:51.140]  How they would get themselves under of all people, the Supreme,
[01:42:51.140 --> 01:42:54.140]  of all people who should follow law.
[01:42:54.140 --> 01:42:58.140]  H.G. Wells in his outline of history
[01:42:58.140 --> 01:43:02.140]  on speaking to the corruption of the popes during the Dark Ages
[01:43:02.140 --> 01:43:05.140]  very aptly observed.
[01:43:05.140 --> 01:43:10.140]  The giver of the law most owes the law allegiance.
[01:43:10.140 --> 01:43:14.140]  He of all beings should behave as though the law compels him.
[01:43:14.140 --> 01:43:17.140]  But it is the universal failing of mankind
[01:43:17.140 --> 01:43:23.140]  that what we are given to administer, we promptly presume we own.
[01:43:23.140 --> 01:43:28.140]  Of all people in the state of California
[01:43:28.140 --> 01:43:32.140]  who owe fidelity to the law, it is the Supreme.
[01:43:32.140 --> 01:43:36.140]  And to accuse them of denial of good faith and fair services,
[01:43:36.140 --> 01:43:43.140]  it is a political black eye big time.
[01:43:43.140 --> 01:43:46.140]  Okay, you're going up the cliff, Randy.
[01:43:46.140 --> 01:43:48.140]  Okay, I am about to run off the cliff.
[01:43:48.140 --> 01:43:49.140]  Thank you.
[01:43:49.140 --> 01:44:00.140]  Randy Kelton, we'll be right back.
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[01:46:27.140 --> 01:46:29.140]  Okay.
[01:46:34.140 --> 01:46:36.140]  Okay, we are back.
[01:46:36.140 --> 01:46:38.140]  Randy Kelton with lulavlauradio,
[01:46:38.140 --> 01:46:41.140]  and we do have a special guest on the board with us tonight,
[01:46:41.140 --> 01:46:43.140]  Mr. Don Terry.
[01:46:43.140 --> 01:46:46.140]  We'll get to him shortly.
[01:46:46.140 --> 01:46:49.140]  Okay, Tina, where were we?
[01:46:49.140 --> 01:46:53.140]  We were talking about your denial of good faith and festivities.
[01:46:53.140 --> 01:46:56.140]  Okay, you need to move away from the mic a little bit.
[01:46:56.140 --> 01:46:59.140]  I'm getting a lot of distortion.
[01:46:59.140 --> 01:47:05.140]  You were commenting on denial of good faith and festivities
[01:47:05.140 --> 01:47:07.140]  from the Supreme Court,
[01:47:07.140 --> 01:47:10.140]  because they refused to answer my friend
[01:47:10.140 --> 01:47:14.140]  on who the clerks were that researched my issues
[01:47:14.140 --> 01:47:17.140]  that I put forward to them.
[01:47:17.140 --> 01:47:22.140]  It will be interesting to see how the Supreme argues
[01:47:22.140 --> 01:47:28.140]  that it does not have a duty to good faith in superior services,
[01:47:28.140 --> 01:47:32.140]  where everyone else does.
[01:47:32.140 --> 01:47:34.140]  This is politics.
[01:47:34.140 --> 01:47:41.140]  This is the kind of thing that generates a lot of political flak
[01:47:41.140 --> 01:47:48.140]  that their opponents in the next election can use against them.
[01:47:48.140 --> 01:47:51.140]  It's all political.
[01:47:51.140 --> 01:47:53.140]  It's all political.
[01:47:53.140 --> 01:47:55.140]  Okay.
[01:47:55.140 --> 01:48:00.140]  That's the question of the Supreme Court,
[01:48:00.140 --> 01:48:04.140]  regarding why they have not answered my friend,
[01:48:04.140 --> 01:48:08.140]  and I'm doing it on her behalf and doing it in her name.
[01:48:08.140 --> 01:48:15.140]  Then I have to respond to this judge who said,
[01:48:15.140 --> 01:48:19.140]  I can amend my declaratory judgment,
[01:48:19.140 --> 01:48:24.140]  saying absolutely not be led down the garden path
[01:48:24.140 --> 01:48:26.140]  and bring in all these other issues.
[01:48:26.140 --> 01:48:28.140]  Wait, I'm having terrible trouble understanding.
[01:48:28.140 --> 01:48:31.140]  Can you move away from the mic a little more?
[01:48:31.140 --> 01:48:33.140]  Is this a little better?
[01:48:33.140 --> 01:48:36.140]  Yes, that's better.
[01:48:36.140 --> 01:48:41.140]  You're saying that they should not be led down the garden path
[01:48:41.140 --> 01:48:43.140]  to what the judge was saying,
[01:48:43.140 --> 01:48:46.140]  or why didn't you feel you got a fair trial, blah, blah?
[01:48:46.140 --> 01:48:47.140]  Exactly.
[01:48:47.140 --> 01:48:51.140]  Subject, object, relevance, relevance, relevance.
[01:48:51.140 --> 01:48:53.140]  Yeah.
[01:48:53.140 --> 01:48:57.140]  Just stick to the issue so that I can then go to the Supreme Court
[01:48:57.140 --> 01:49:02.140]  and I can file against the judge or whatever you were saying earlier.
[01:49:02.140 --> 01:49:08.140]  You said some very good things to someone earlier in the court.
[01:49:08.140 --> 01:49:15.140]  File against the judge for failing to properly apply the law to the facts.
[01:49:15.140 --> 01:49:18.140]  There's a case law that says the judge has no discretion
[01:49:18.140 --> 01:49:21.140]  in properly applying the law to the facts of failure to do so.
[01:49:21.140 --> 01:49:23.140]  It's an abuse of discretion.
[01:49:23.140 --> 01:49:27.140]  An abuse of discretion that has the effect of denying a citizen
[01:49:27.140 --> 01:49:31.140]  for free access to her enjoyment of rights, crime, and every state.
[01:49:31.140 --> 01:49:32.140]  Okay.
[01:49:32.140 --> 01:49:41.140]  Now, would you suggest the prior former attorney who helped
[01:49:41.140 --> 01:49:46.140]  free senior citizens who was actually very good in some ways for the genius
[01:49:46.140 --> 01:49:47.140]  and the attorney?
[01:49:47.140 --> 01:49:48.140]  Wait, wait, wait, wait.
[01:49:48.140 --> 01:49:49.140]  You need to move the mic back up.
[01:49:49.140 --> 01:49:51.140]  You're distorting really bad.
[01:49:51.140 --> 01:49:55.140]  Gosh, these damn cell phones, they don't work.
[01:49:55.140 --> 01:50:01.140]  The legal assistance which I've told you about that helped senior citizens
[01:50:01.140 --> 01:50:04.140]  in at least my county and probably others,
[01:50:04.140 --> 01:50:09.140]  suggested that if I talk about personal litigants and the law
[01:50:09.140 --> 01:50:15.140]  and saying the judge has to guide them into how to amend things,
[01:50:15.140 --> 01:50:18.140]  which this just did not guide me in that way.
[01:50:18.140 --> 01:50:21.140]  She said, oh, I just put it in a footnote.
[01:50:21.140 --> 01:50:24.140]  Now, I'm thinking I should not put it in a footnote,
[01:50:24.140 --> 01:50:27.140]  but just slap it right up front and say, you know,
[01:50:27.140 --> 01:50:32.140]  if you didn't see the first time, here it is involved, capital letters.
[01:50:32.140 --> 01:50:39.140]  Here's the case law and how a judge should proceed with personal litigants and should
[01:50:39.140 --> 01:50:43.140]  if they want to guide them into how to respond,
[01:50:43.140 --> 01:50:47.140]  just tell them what is wrong with their initial thing.
[01:50:47.140 --> 01:50:48.140]  Absolutely.
[01:50:48.140 --> 01:50:51.140]  Forget the footnote garbage.
[01:50:51.140 --> 01:50:59.140]  It needs to be in the body of the text so it is unquestionably before the court.
[01:50:59.140 --> 01:51:07.140]  Yes, and there is that extremely good commentary that I sent you
[01:51:07.140 --> 01:51:10.140]  and I will resend it because I know you're very busy
[01:51:10.140 --> 01:51:14.140]  and I know this will help many other people.
[01:51:14.140 --> 01:51:21.140]  There was this article written about how judges should help
[01:51:21.140 --> 01:51:30.140]  process and how they are doing an abysmal job in the most cases and it gives some excellent points
[01:51:30.140 --> 01:51:34.140]  and I did manage to reread it again and I made some notations
[01:51:34.140 --> 01:51:40.140]  and I think if you could find a way to post it on your website,
[01:51:40.140 --> 01:51:45.140]  this article, it will really, really help people.
[01:51:45.140 --> 01:51:49.140]  So I will send it to you again to try to see if you can do that
[01:51:49.140 --> 01:51:51.140]  and you've helped me tremendously.
[01:51:51.140 --> 01:51:55.140]  I'm going to work on this because I've only got a certain number of days.
[01:51:55.140 --> 01:52:02.140]  I do have something else to ask but I will wait to see if there is time at the end of your show
[01:52:02.140 --> 01:52:09.140]  because I know you've got other people and this can wait till the following week if it doesn't work today.
[01:52:09.140 --> 01:52:11.140]  Okay, thank you.
[01:52:11.140 --> 01:52:14.140]  Now we're going to go to our special guest, Don Terry.
[01:52:14.140 --> 01:52:18.140]  Don, hello. Good evening.
[01:52:18.140 --> 01:52:24.140]  So where are we at with your case at the moment?
[01:52:24.140 --> 01:52:33.140]  Well, I have to go to the municipal court on Wednesday and the judge already hinted the cop won't show up
[01:52:33.140 --> 01:52:37.140]  so they'll probably dismiss it but they don't.
[01:52:37.140 --> 01:52:42.140]  Anyway, even then, if they do, we're going to hopefully have fun over there requesting records they won't have
[01:52:42.140 --> 01:52:46.140]  or doing things and asking for them to be arrested.
[01:52:46.140 --> 01:52:50.140]  Yes, and I got distracted and didn't send that request for records.
[01:52:50.140 --> 01:52:55.140]  So I'm going to request them to see the file on the spot.
[01:52:55.140 --> 01:52:56.140]  All right.
[01:52:56.140 --> 01:53:06.140]  And before I come, I'm going down to Alabama where Don is at and I'm going to appear at that hearing.
[01:53:06.140 --> 01:53:17.140]  I've already called down and told the clerk to ask the judge and the prosecutor if they would agree to a 10-minute YouTube interview
[01:53:17.140 --> 01:53:27.140]  that I was going to be doing some stories on this issue and would probably be saying some things that may seem a little less than pleasant about them
[01:53:27.140 --> 01:53:32.140]  and any time I do that, I have to provide equal opportunity.
[01:53:32.140 --> 01:53:38.140]  So I want to give them equal opportunity and I want to do a 10-minute YouTube interview with each one.
[01:53:38.140 --> 01:53:44.140]  You probably won't believe this but I did not get a response.
[01:53:44.140 --> 01:53:45.140]  I'm heartbroken.
[01:53:45.140 --> 01:53:50.140]  I'm devastated.
[01:53:50.140 --> 01:53:56.140]  So when I go down there, I'm going to ask them about it that I want to do an interview on this topic.
[01:53:56.140 --> 01:54:03.140]  I'll do a little song and dance with the judge and I mean with the clerk and ask to see the physical record.
[01:54:03.140 --> 01:54:06.140]  But I'll check the Alabama law.
[01:54:06.140 --> 01:54:13.140]  I suspect if the record, if I'm at the court and I ask to look at the physical record, they'll have to show it to me.
[01:54:13.140 --> 01:54:15.140]  It can't take 10 days.
[01:54:15.140 --> 01:54:21.140]  It can't raise a question of whether or not what's in the record is public.
[01:54:21.140 --> 01:54:28.140]  If they try to do that and they say the state law allows them, I'll just call the feds and ask them to come down and arrest them.
[01:54:28.140 --> 01:54:29.140]  All right.
[01:54:29.140 --> 01:54:32.140]  And I could do something on the county level too.
[01:54:32.140 --> 01:54:44.140]  They won't do that but it'll be great fun and it'll get around real fast that somebody's here, some third party and he's trying to wreak havoc on everybody.
[01:54:44.140 --> 01:54:49.140]  And that, oh, first, I want to give them opportunity to dismiss.
[01:54:49.140 --> 01:54:52.140]  I'll let them know I'm there and I'm watching.
[01:54:52.140 --> 01:55:05.140]  But I suspect from what you said that they are absolutely prepared to dismiss if they do anything other than dismiss.
[01:55:05.140 --> 01:55:07.140]  Okay, that brings up a question.
[01:55:07.140 --> 01:55:13.140]  What is on the agenda or on the docket for this hearing?
[01:55:13.140 --> 01:55:15.140]  What do you mean from other?
[01:55:15.140 --> 01:55:17.140]  This is a general course.
[01:55:17.140 --> 01:55:22.140]  You were summoned to the court, but why were you summoned to the court?
[01:55:22.140 --> 01:55:26.140]  Oh, as far as I know, it's just for this traffic.
[01:55:26.140 --> 01:55:28.140]  No, no.
[01:55:28.140 --> 01:55:33.140]  I haven't looked at it in Alabama law, but I'm sure it's going to be the same as Texas.
[01:55:33.140 --> 01:55:44.140]  There will be in the Alabama criminal procedure code a list of things for which the judge can order you to court.
[01:55:44.140 --> 01:55:55.140]  I was in court in Austin and I had a notice to appear and I said, Your Honor, I have this notice to appear, but it doesn't tell me what I'm doing here.
[01:55:55.140 --> 01:55:57.140]  You only tell me what I'm doing here.
[01:55:57.140 --> 01:56:01.140]  Well, Mr. Kelton, we will need to find out if you had an attorney.
[01:56:01.140 --> 01:56:13.140]  I said, well, I've got 28.01 Texas Code of Criminal Procedure and it lists all of those things you can order me to court for to see if I have an attorney's not one of them.
[01:56:13.140 --> 01:56:26.140]  He got real tense in the courtroom, but I wound up backing up on her because she was the outgoing district attorney, 25 year district attorney's daughter.
[01:56:26.140 --> 01:56:29.140]  So I figured she was really political turned out she was.
[01:56:29.140 --> 01:56:35.140]  And she appointed me counsel and they wound up dismissing the case to protect my counsel from me.
[01:56:35.140 --> 01:56:36.140]  That's a different story.
[01:56:36.140 --> 01:56:38.140]  Yeah, I remember that from the last time.
[01:56:38.140 --> 01:56:45.140]  So why the heck were you ordered to come to court? How are you going to prepare for this hearing?
[01:56:45.140 --> 01:56:50.140]  If you haven't been advised as to the purpose of the hearing.
[01:56:50.140 --> 01:56:52.140]  Yeah, I haven't looked. I haven't seen that now.
[01:56:52.140 --> 01:56:54.140]  Because maybe there I just didn't look for it.
[01:56:54.140 --> 01:56:56.140]  What I'm looking at if I saw it.
[01:56:56.140 --> 01:56:59.140]  Yeah, I will look that up before I come.
[01:56:59.140 --> 01:57:01.140]  I like to have all that stuff in hand.
[01:57:01.140 --> 01:57:07.140]  There is the court has to have some grant of authority.
[01:57:07.140 --> 01:57:10.140]  You can't just do anything he wants to.
[01:57:10.140 --> 01:57:23.140]  And if the court orders you to court for a reason that's not included in that list, then that is simulating a legal process.
[01:57:23.140 --> 01:57:43.140]  That's the law most of these states passed in order to thwart the Republic of Texas group from filing liens and filing these grand these common law grand juries and stuff.
[01:57:43.140 --> 01:57:45.140]  They passed this law for that purpose.
[01:57:45.140 --> 01:57:48.140]  I've used it many times before in Texas.
[01:57:48.140 --> 01:57:51.140]  It's worded differently in Alabama.
[01:57:51.140 --> 01:57:53.140]  It'll be enough.
[01:57:53.140 --> 01:57:56.140]  We take that and cram it down the judge's throat.
[01:57:56.140 --> 01:58:03.140]  If it comes to that, since you want this thing dismissed, it depends on how they handle it.
[01:58:03.140 --> 01:58:09.140]  If I think they're going to dismiss this, then I don't sting them too hard.
[01:58:09.140 --> 01:58:11.140]  I give them a chance to dismiss.
[01:58:11.140 --> 01:58:12.140]  All right.
[01:58:12.140 --> 01:58:18.140]  Once it's dismissed, then the ball moves to your court.
[01:58:18.140 --> 01:58:21.140]  All right. I'd like to do that now. We're coming up on a break.
[01:58:21.140 --> 01:58:25.140]  When I call in for, we'll get after the break, if you don't mind.
[01:58:25.140 --> 01:58:27.140]  Okay. Hang on.
[01:58:27.140 --> 01:58:32.140]  I'm glad somebody can hear that background music because I certainly can.
[01:58:32.140 --> 01:58:34.140]  Randy Kelton, rule of law radio.
[01:58:34.140 --> 01:58:38.140]  I call in number 512-646-1984.
[01:58:38.140 --> 01:58:49.140]  We'll be right back.
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