[00:00.000 --> 00:07.000]  The following news flash is brought to you by the Lowstar Lowdowns.
[00:30.000 --> 00:46.000]  $227.26, XRP Ripple $0.33, Litecoin $1.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:46.000 --> 01:04.000]  The year 1916, the Preparedness Day Bombing, a Thai suitcase bomb, was detonated on Market Street in San Francisco during the World War I Preparedness Day Parade, killing 10 and entering 40.
[01:04.000 --> 01:24.000]  And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hempon to tax 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 herb for THC.
[01:24.000 --> 01:33.000]  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.
[01:33.000 --> 01:52.000]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter that county district attorneys back on Thursday that marijuana has not been decriminalized in Texas and that these actions demonstrate a misunderstanding of how HV 1325 works, as well as other cities too, like the district attorney in El Paso,
[01:52.000 --> 02:02.000]  Kyma 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.
[02:02.000 --> 02:13.000]  However, the issue was succinctly summarized by Mr. Brandon Ball, 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.
[02:13.000 --> 02:23.000]  It's important that if someone is charged with something, the test matches what they're charged with.
[02:23.000 --> 02:39.000]  The paper by Tulane University identified a 5.5-inch American pocket shark 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.
[02:39.000 --> 02:51.000]  According to the university paper, the shark secretes a luminous fluid from a gland near its front fins for the purposes hypothesized to lure and prey who may be drawn into the glow.
[02:51.000 --> 03:00.000]  This is Brooke Rody with your lowdown for July 22, 2019.
[03:00.000 --> 03:21.000]  Well, I received my remedy today.
[03:21.000 --> 03:31.000]  It came in a box just like the safe I accepted it for value right away.
[03:31.000 --> 03:54.000]  We are originators and the pathway seems to get straighter every day and I can take anything that belongs to me and put it to good use.
[03:54.000 --> 04:01.000]  I know some architects, I know some engineers.
[04:01.000 --> 04:08.000]  They see the evidence, they know a certainty squeals.
[04:08.000 --> 04:11.000]  What's up with the blatant deception?
[04:11.000 --> 04:15.000]  What is the nature of what you might gain?
[04:15.000 --> 04:19.000]  I see something headed straight for you.
[04:19.000 --> 04:24.000]  I think it looks just like a train.
[04:24.000 --> 04:26.000]  Okay, we are back.
[04:26.000 --> 04:28.000]  Rule of Law Radio with Randy Kelton.
[04:28.000 --> 04:30.000]  I'm Brett Fountain.
[04:30.000 --> 04:38.000]  On this Friday, the 25th of October, 2019, we are talking with Adam in Texas.
[04:38.000 --> 04:49.000]  Adam, it occurs to me to just ask you for clarification, do you want to be at this court in two weeks?
[04:49.000 --> 04:59.000]  It kind of depends on what you do you want to be before him and are you trying to stir up anything there and see them set themselves up or anything like that?
[04:59.000 --> 05:03.000]  Or you just don't want to be there?
[05:03.000 --> 05:15.000]  Well, I both want to be there, look forward to it like Christmas.
[05:15.000 --> 05:29.000]  Yes, I want to be there but also I have to be there because this is an actual summon and if I don't show up to this pre-trial hearing, then the judge actually would have caused the issue of bench warrants, legally, lawfully.
[05:29.000 --> 05:42.000]  Maybe, what if he gets disqualified first because you report his crimes and you put file of motion for judicial disqualification and then he absolutely can't hold a hearing?
[05:42.000 --> 05:56.000]  Well, my goal is to walk into the hearing, ruffle his feathers, see if I can get him to lose his cool and do something really stupid.
[05:56.000 --> 06:13.000]  And then I have the whole time I have my disqualification papers on me ready to serve him at any time and set that motion so I can just tell the judge you've got 72 hours to grant or refer, good day, and I'm going to leave, I'm going to walk out on him.
[06:13.000 --> 06:31.000]  I'm going to, I want to manhandle this little MC court and I just want to, I mean, I want to, I got, I'm going to, so if you all think it's, I just want to walk in there, I got criminal complaints on me so I can serve to the bailiff.
[06:31.000 --> 06:53.000]  I've got my disqualification papers on me at any time after I prod the judge and try to get him to lose his temper because I've been in this courtroom before two years ago with my buddy who I helped and he went in there and this judge is a turkey.
[06:53.000 --> 07:08.000]  And so actually, it's not only me, it's me and my buddy going in. Just recently I got my buddy to get on the docket. So we're coming in, we're both coming in two weeks on the same morning.
[07:08.000 --> 07:28.000]  The cases are both over two years old and we've both filed bar grievances on the judge and the prosecutor. We've both given them, given them, given this particular court resistance and they don't know that we're together and we're going to both show up on the same morning
[07:28.000 --> 07:43.000]  and we just want to knock it out of the ballpark with just an onslaught of, of a trostes coming through and just qualifying a judge in front of everybody and throwing them off the bench and just manhandling it.
[07:43.000 --> 07:48.000]  So that's my intention. That's my goal. I just wanted to know.
[07:48.000 --> 07:50.000]  All right.
[07:50.000 --> 08:02.000]  I hear you. I feel you. So one of the things you might want to consider to have on you, I would suggest that you go ahead and get your criminal complaints out.
[08:02.000 --> 08:11.000]  Don't take them with you. Take something else with you that you can file new criminal complaints if you want to then, but already have some in the hopper.
[08:11.000 --> 08:20.000]  Put some in front of a district judge. Put some in front of a grand jury. Hand them off. Get them going different places before you even show up or sooner the better.
[08:20.000 --> 08:28.000]  Get them in so that the buzz starts to happen. People calling each other, hey, this guy's trying to get me to throw you in jail. What's going on?
[08:28.000 --> 08:47.000]  And already having that in will make the judge more on edge where he's liable to make more stupid mistakes and, you know, be irritated and try to maybe throw his weight around or do whatever he's going to do wrong.
[08:47.000 --> 09:05.000]  But then you already would have in your hand a motion for a disqualification of the judge, but you could also have with you a motion for the prosecutor to show authority to prosecute.
[09:05.000 --> 09:23.000]  If you have a sworn motion, take a look at Texas Rules of Civil Procedure and it's Rule 12. If you file a sworn motion that says, I believe this council over here doesn't have the authority to prosecute.
[09:23.000 --> 09:38.000]  You have just put the burden of proof on him. He has to prove that all the paperwork was done right. Everything was in order and it's within the statute of limitations and he's the right guy. He's not just an assistant. He is the guy.
[09:38.000 --> 09:48.000]  He has to prove up all that stuff. The burden of proof is instantly on him. All eyes on him, spotlight moves and nobody else can do anything until he does that.
[09:48.000 --> 09:52.000]  So you might have that with you as well.
[09:52.000 --> 10:00.000]  Yeah, I'm going to have several people in the audience videotape and record.
[10:00.000 --> 10:14.000]  Yeah, it's a setup. Me and my buddy are going to rip and tear on this one municipal judge in this particular county because this guy is just over and over. It's like you can't read the Code of Criminal Procedure.
[10:14.000 --> 10:25.000]  That's exciting, man. Chapter 45. They can't even read. They just do this over and over. We want to go in there and really give them a run for their money.
[10:25.000 --> 10:49.000]  So I'm hoping it'll turn into my first chance to call 911 in the courtroom and call the cops on the cops so I can see the chicken dance. I've never gotten to see the chicken dance. It's something I need to do. It's like a trial.
[10:49.000 --> 11:06.000]  I need to go through that. I'm hoping this will be the day to do that. Oh, you will like it. It will change everything. It will cause a realization that, holy crap, these guys got a weakness that they don't want us to know about.
[11:06.000 --> 11:23.000]  Yeah. So, I mean, the judge, he issued this bogus bench warrant. I have three distinct issues in the Code that would say otherwise that he can't issue it.
[11:23.000 --> 11:40.000]  These judges, they can't issue bench warrants because they don't like your attitude or your hair color or they just had a bad day. They can only issue a bench warrant for failure of peer or failure to satisfy a judgment after the fact.
[11:40.000 --> 11:55.000]  Those are the only two reasons that they can issue a bench warrant. They can't issue a bench warrant because you showed up, you appeared, but you didn't enter a plea. That's not how it works. Chapter 45, the protocol procedure is very clear.
[11:55.000 --> 12:10.000]  It's only after the jury has been panel on the defendant refuses to plea. Then and only then can the judge enter in a plea of not guilty on behalf of the defendant. Other than that, you can't just issue bench warrants.
[12:10.000 --> 12:26.000]  So, I got this bogus bench warrant and I basically, I got a copy of it too. I just want to turn this, I want to turn this one into a good one. I want to get this judge to lose his cool.
[12:26.000 --> 12:49.000]  And not because of my attitude, of course, got to remain calm, collective, even humorous. But if I can get this judge to falsely imprison me, throw me in jail off of what I've already contested as a bogus bench warrant, but he wants to go ahead and show me his weight and put it on me.
[12:49.000 --> 13:00.000]  I want that. I want it to happen so I can come up with a good lawsuit. So, it's just a grand between.
[13:00.000 --> 13:11.000]  Randy, what do you think about having him? What if he were, what if Adam were to file a request for financial disclosure of the judge?
[13:11.000 --> 13:21.000]  Did the dad get him all irritated right before the... No, it's too soon. The judge hasn't rendered any effective dispositive rulings yet.
[13:21.000 --> 13:32.000]  Well, he has, however, targeted Adam and exposed him to unnecessary risk by this bogus arrest stuff.
[13:32.000 --> 13:45.000]  Yeah, I'm thinking a petition for rid of mandamus to the county court. And that'll give you a shot at the county judge because the county judge is not going to want to do it.
[13:45.000 --> 13:53.000]  Not even going to want to entertain the mandamus. And it's probably going to refer you to someone else.
[13:53.000 --> 14:02.000]  So, he's going to turn past that first page of the mandamus over there and he's going to see that you've got three criminal complaints attached to the back of it.
[14:02.000 --> 14:16.000]  And his, as a magistrate, just got invoked and he's not going to want to deal with it either way, but now it's, now he's all in it.
[14:16.000 --> 14:20.000]  What do you think, Adam?
[14:20.000 --> 14:41.000]  Well, it would be nice to have already certified the terms he requested, criminal complaints to the county judge, along with the rid of mandamus, and even to the mayor, criminal complaints to the mayor of the municipality.
[14:41.000 --> 14:47.000]  Because the mayor is a magistrate, so it puts him on the dime.
[14:47.000 --> 14:59.000]  And you have all those little rockets in the mail a week before the pretrial hearing, but that's all good and great.
[14:59.000 --> 15:09.000]  But as long as it creates a buzz before the hearing, but maybe, I don't know, maybe it's best to already have that stuff in the mail.
[15:09.000 --> 15:24.000]  It's not a few where, because it hadn't hit yet, you know, it hasn't come in and just set him up to where, I mean, I didn't make a motion to recall the bench warrant.
[15:24.000 --> 15:32.000]  I made a demand to recall the bench warrant and they're treating it, oh, well, we just want to help you, you know, whatever you want to do.
[15:32.000 --> 15:44.000]  And so they put it on a, for a pretrial hearing, so we, and I guess they want me to come in there and I got to, like, discuss and argue with the judge why his bench warrant is illegal.
[15:44.000 --> 15:45.000]  What?
[15:45.000 --> 15:47.000]  And like.
[15:47.000 --> 15:49.000]  You might argue that the judge.
[15:49.000 --> 15:51.000]  Do you want to tell him?
[15:51.000 --> 15:56.000]  Pre-trial hearing, what motions are before the court?
[15:56.000 --> 16:03.000]  The only motion that's before the court isn't even a motion, it's a demand to recall the bench warrant.
[16:03.000 --> 16:04.000]  Okay.
[16:04.000 --> 16:14.000]  Read 2601, I'm sorry, 2801, Texas Code of Criminal Procedure.
[16:14.000 --> 16:23.000]  It lists all of those things the court could order you to come to a hearing for.
[16:23.000 --> 16:28.000]  All of them go to motions and pleadings.
[16:28.000 --> 16:36.000]  If there are no pleadings before the court, the court has no power to order you to come to court.
[16:36.000 --> 16:47.000]  The way, the way this judge handled it last time when I happened, my body went through it a couple of years ago and I sat back and I video recorded, but I witnessed the whole thing.
[16:47.000 --> 16:55.000]  The particular judge behaves is, I hear the ballroom music.
[16:55.000 --> 17:04.000]  Okay, hang on, we'll be right back.
[17:04.000 --> 17:11.000]  It's the 2019 Logos Radio Network Annual Fundraiser and Gun Giveaway, sponsored by Central Texas Gun Works.
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[18:01.000 --> 18:12.000]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar. In today's America, we live in an us-against-them society, and 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.
[18:12.000 --> 18:19.000]  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.
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[19:20.000 --> 19:46.000]  Okay, we are back. Rule of Law Radio on this Friday, the 25th of October, 2019.
[19:46.000 --> 19:54.000]  Rule of Law Radio, Randy Kelton. I'm Brett Fountain. We're talking with Adam in Texas.
[19:54.000 --> 19:58.000]  Adam?
[19:58.000 --> 20:01.000]  Yeah, I'm here.
[20:01.000 --> 20:05.000]  Okay, go ahead, Adam. You were talking on the way out.
[20:05.000 --> 20:07.000]  Oh, well, I'm off my chair.
[20:07.000 --> 20:19.000]  Okay, no, you're going to force us to say, okay, we forgot what we were saying, what you were saying. You're going to force us to do that.
[20:19.000 --> 20:28.000]  You're going to go beat up the judge and file criminal charges against the judge in the courtroom.
[20:28.000 --> 20:39.000]  I'm not scared. I'm not scared. I want the pointers on jumping them. I don't care, say a recipe. I want this to turn out. I'm going to be able to have people in the audience that we're going to act like we're not related.
[20:39.000 --> 20:45.000]  And we're going to catch this thing, and then y'all will probably be the first ones to get the footage.
[20:45.000 --> 20:53.000]  Well, have you ever asked the bailiff to arrest the judge?
[20:53.000 --> 21:05.000]  I hope that I get to do that in two weeks. That is so much fun. I've done that seven different times.
[21:05.000 --> 21:07.000]  I bet you I get the chance to do it.
[21:07.000 --> 21:18.000]  Yeah, every time I do that, the judge sits there and keeps his mouth shut. That is the most fun you can have in court.
[21:18.000 --> 21:40.000]  Randy, what would you think? Can you just brainstorm for me and think what is something that the judge would almost certainly do that if Adam pushes the button, the judge is going to say things a certain way, such that the bailiff recognizes that as a crime?
[21:40.000 --> 21:44.000]  It doesn't matter what the bailiff recognizes. It's better if he doesn't.
[21:44.000 --> 21:50.000]  Oh, OK. So you say to the judge, I have this document I'd like to present to the court.
[21:50.000 --> 21:59.000]  When he looks at it, it's a verified criminal affidavit. I need this court to convene an examining trial.
[21:59.000 --> 22:11.000]  And he's going to blah, blah, blah. You don't have a, you know, this is a misdemeanor and you don't have a right to an examining trial and a misdemeanor and whatever he does, you don't care.
[22:11.000 --> 22:20.000]  Let me say to the bailiff, Mr. Bailiff, I need you to arrest the judge for official misconduct or official oppression.
[22:20.000 --> 22:28.000]  It doesn't matter if your accusation has any foundation or not.
[22:28.000 --> 22:36.000]  When you ask the bailiff to arrest the judge, it puts the bailiff upon the dime and he's going to refuse.
[22:36.000 --> 22:45.000]  Then you get to have this back and forth with the bailiff, even if your request is without foundation.
[22:45.000 --> 22:57.000]  If the judge opens his mouth, retaliation, 36.06, witness tampering, 36.05.
[22:57.000 --> 23:06.000]  I've done this seven times. In court, the judge has never opened his mouth.
[23:06.000 --> 23:12.000]  This is so much fun, you won't believe it.
[23:12.000 --> 23:16.000]  You get to ask the bailiff to take his chicken suit off.
[23:16.000 --> 23:22.000]  Are you going to shield the judge from prosecution and violation of the 38.05 penal code?
[23:22.000 --> 23:30.000]  Are you going to perform your duty under, which one is it?
[23:30.000 --> 23:33.000]  I lost the statute.
[23:33.000 --> 23:36.000]  14.06, where he sees a crime in progress?
[23:36.000 --> 23:40.000]  Yeah, 14.06, yeah.
[23:40.000 --> 23:44.000]  Are you going to perform your duty on 14.06?
[23:44.000 --> 23:56.000]  Are you going to shield, I'm sorry, 2.13. 2.13 requires the peace officer to enforce law.
[23:56.000 --> 24:00.000]  Are you going to perform your duty under Article 2.13?
[24:00.000 --> 24:04.000]  Are you going to shield this judge from prosecution and violation of 38.05 penal code?
[24:04.000 --> 24:06.000]  That was a felony.
[24:06.000 --> 24:09.000]  It's your call.
[24:09.000 --> 24:13.000]  My favorite thing to say was the one I did in Conroe.
[24:13.000 --> 24:15.000]  Life is filled with little decisions.
[24:15.000 --> 24:17.000]  We all get to make some.
[24:17.000 --> 24:19.000]  Your turn.
[24:19.000 --> 24:21.000]  Are you going to shield this judge?
[24:21.000 --> 24:26.000]  Are you going to perform your duty under Article 2.13 Code of Criminal Procedure?
[24:26.000 --> 24:31.000]  Or are you going to shield this judge from prosecution and violation of 38.05 penal code?
[24:31.000 --> 24:35.000]  Which happens to be a felony instead of Texas?
[24:35.000 --> 24:38.000]  Decide.
[24:38.000 --> 24:47.000]  As I said, decide to that bailiff is one of those moments you could hear a pen drop.
[24:47.000 --> 24:51.000]  The judge said the bailiff said, I'm not going to arrest the judge.
[24:51.000 --> 24:54.000]  Mr. Bailiff, you need to take your chicken suit off.
[24:54.000 --> 24:57.000]  I'm not taking my chicken suit off.
[24:57.000 --> 25:00.000]  That was great.
[25:00.000 --> 25:05.000]  You've got to try it at least once, Adam.
[25:05.000 --> 25:07.000]  Well, I've got.
[25:07.000 --> 25:10.000]  I've already got a criminal complaint on the judge and it's valid.
[25:10.000 --> 25:12.000]  And I can back it up with the law.
[25:12.000 --> 25:19.000]  He issued a bogus bench warrant and that's the whole reason we're meeting for this pretrial hearing to discuss.
[25:19.000 --> 25:25.000]  What was the charge you made against the judge on the bogus warrant?
[25:25.000 --> 25:28.000]  Well, I'm about to make the charges on him.
[25:28.000 --> 25:31.000]  One would be tampering with the government documents.
[25:31.000 --> 25:34.000]  He entered up false entries claiming that I failed to appear.
[25:34.000 --> 25:41.000]  He also sent that to the DPS so they won't renew my driver's license when it comes up renewal because there's a hold on it.
[25:41.000 --> 25:46.000]  Well, that's also a false report because that's all based off of whether or not I failed to appear.
[25:46.000 --> 25:48.000]  I did not fail to appear.
[25:48.000 --> 25:53.000]  Look at simulating a legal process.
[25:53.000 --> 26:03.000]  Simulating a legal process is a statute that the legislature put in place to thwart the Republic of Texas from filing leans against public officials.
[26:03.000 --> 26:08.000]  But now we get to use it against them.
[26:08.000 --> 26:19.000]  So if the judge issued a warrant when he did not have standing to issue a warrant, he simulated a legal process.
[26:19.000 --> 26:24.000]  I guess what I'm asking is, I already have criminal charges on the judge.
[26:24.000 --> 26:27.000]  He issued a bogus bench warrant.
[26:27.000 --> 26:33.000]  He didn't have any legal authority to issue it. That constitutes multiple penal code violations.
[26:33.000 --> 26:35.000]  I can type all that up.
[26:35.000 --> 26:41.000]  Do I bring that to court with me and hand that to the bailiff in the court, in the pre-trial?
[26:41.000 --> 26:43.000]  Absolutely.
[26:43.000 --> 26:45.000]  Okay, that's all I'm getting at.
[26:45.000 --> 26:49.000]  That will jerk a knot in his behind.
[26:49.000 --> 26:52.000]  Have it verified.
[26:52.000 --> 26:55.000]  Have it notarized when you give it to him.
[26:55.000 --> 27:05.000]  Now, he has noticed and does make any difference what he thinks about you or your level of knowledge.
[27:05.000 --> 27:07.000]  None of that makes any difference.
[27:07.000 --> 27:14.000]  You are, by definition, a credible person in the state of Texas.
[27:14.000 --> 27:16.000]  And he is a public servant.
[27:16.000 --> 27:29.000]  And he has given notice that a crime has been committed. He has no power to override your authority as a citizen in this republic.
[27:29.000 --> 27:35.000]  He's got to take that judge and bring him before a magistrate for an examining trial.
[27:35.000 --> 27:48.000]  If the bailiff makes the determination that the criminal complaint is insufficient, what did he just do?
[27:48.000 --> 27:50.000]  Uh-oh.
[27:50.000 --> 27:55.000]  He just impersonated a judicial officer. He held an examining trial.
[27:55.000 --> 27:59.000]  Yeah, he impersonated a magistrate. He can't do that.
[27:59.000 --> 28:03.000]  Exactly.
[28:03.000 --> 28:16.000]  Now, should I serve these criminal complaints to the bailiff at the beginning of the, when they call me up and, you know, pass the bar and go onto the bench and I get my own little table and everything.
[28:16.000 --> 28:23.000]  The prosecutor's there and they all either explain why the judge issued a bogus bench warrant.
[28:23.000 --> 28:34.000]  Do you serve him before or immediately or only after the judge irritates me and then calls some of the bailiff to come take the criminal complaint after the judge has irritated me?
[28:34.000 --> 28:37.000]  That's a good question.
[28:37.000 --> 28:40.000]  I'm thinking. I'm thinking before.
[28:40.000 --> 28:48.000]  When the hearing starts, you tell the judge, I have a document I need to give to the bailiff.
[28:48.000 --> 28:56.000]  Now, judge, you're going to say, huh? I'm not sure what the judge will do.
[28:56.000 --> 28:58.000]  He's not going to know what's going on.
[28:58.000 --> 29:04.000]  That's going to confuse him because he's probably never had that before.
[29:04.000 --> 29:11.000]  And he may ask to see it or the prosecutor may ask to see it.
[29:11.000 --> 29:15.000]  And if, you know, we don't know how smart these guys are.
[29:15.000 --> 29:23.000]  If the prosecutor asks to see it, you might tell him that objection at this point, this is not the prosecutor's business.
[29:23.000 --> 29:27.000]  This is a matter between me and the bailiff.
[29:27.000 --> 29:31.000]  It'll get to the prosecutor, but it's not there yet.
[29:31.000 --> 29:33.000]  See what the judge does.
[29:33.000 --> 29:43.000]  If the judge demands to see it and it's a criminal complaint against him, now we see what he does.
[29:43.000 --> 29:50.000]  If he says no, then that's obstruction.
[29:50.000 --> 29:55.000]  If he has any sense at all, he will say give it to the bailiff.
[29:55.000 --> 29:59.000]  We are just about to go to our sponsors.
[29:59.000 --> 30:02.000]  So.
[30:02.000 --> 30:13.000]  Keep your voice down. The government now has Russian technology that matches identities to voices so we can tell who's doing the talking.
[30:13.000 --> 30:17.000]  Dr. Kaepfer and Albrecht, back to tell you how it works after this.
[30:17.000 --> 30:22.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[30:22.000 --> 30:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:27.000 --> 30:32.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
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[30:46.000 --> 30:54.000]  Since 2001, when the Patriot Act opened the doors to electronic surveillance, Big Brother has gone crazy vacuuming up all of our data.
[30:54.000 --> 30:59.000]  Now it has a new tactic, courtesy of our former communist allies, the Russians.
[30:59.000 --> 31:06.000]  It's called voice grid nation, and it analyzes and identifies voices courtesy of Russia's speech technology center.
[31:06.000 --> 31:12.000]  When authorities intercept a call, the speaker's voice is compared to millions of others, like a fingerprint.
[31:12.000 --> 31:15.000]  How long does it take for a match? Three seconds.
[31:15.000 --> 31:22.000]  So watch what you say on the phone, comrades. Whether you say your name or not, Big Brother may know who's talking.
[31:22.000 --> 31:31.000]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
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[33:12.000 --> 33:32.000]  Music.
[33:32.000 --> 33:33.000]  Okay, we are back.
[33:33.000 --> 33:36.000]  Randy Kelton, Brett Felton, Lou LaRio.
[33:36.000 --> 33:38.000]  We're talking to Adam in Texas.
[33:38.000 --> 33:41.000]  Okay, so we sent up the beta.
[33:41.000 --> 33:51.000]  The judge tends to forget, sometimes the bailiff forgets, that the bailiff does not work for the judge.
[33:51.000 --> 33:58.000]  The bailiff works for the sheriff, or the elected constable.
[33:58.000 --> 34:00.000]  Indirectly the people.
[34:00.000 --> 34:06.000]  Indirectly the people, but in either case he does not work for the judge.
[34:06.000 --> 34:13.000]  He is there to keep the peace, makes no difference who breaches it.
[34:13.000 --> 34:18.000]  So when you give the bailiff notice that a crime has been committed.
[34:18.000 --> 34:23.000]  The bailiff, well, okay, we have a problem here.
[34:23.000 --> 34:30.000]  Adam, if the crime was not committed within the site and hearing of the bailiff,
[34:30.000 --> 34:36.000]  the bailiff has no power to arrest without warrant.
[34:36.000 --> 34:40.000]  So we got a trick to judge into doing something.
[34:40.000 --> 34:43.000]  Well, what if I just ask the judge?
[34:43.000 --> 34:47.000]  Judge, is your bench warrant still active?
[34:47.000 --> 34:51.000]  After I identify the court reporter and the bailiff and his name and badge number,
[34:51.000 --> 34:54.000]  and the judge and his bar card number and the prosecutor number,
[34:54.000 --> 34:58.000]  after I identify everybody, what if I ask the judge?
[34:58.000 --> 35:02.000]  Okay, something else is going to happen first.
[35:02.000 --> 35:05.000]  That doesn't sound like a good idea.
[35:05.000 --> 35:09.000]  You know what's going to happen, Brett?
[35:09.000 --> 35:12.000]  They're going to arrest you and take you to jail.
[35:12.000 --> 35:19.000]  They're going to arrest you in front of the magistrate and take you to jail.
[35:19.000 --> 35:21.000]  For what?
[35:21.000 --> 35:23.000]  On the warrant.
[35:23.000 --> 35:27.000]  The bogus warrant, but it doesn't matter, they're still going to do it.
[35:27.000 --> 35:29.000]  Yeah, well, that's great.
[35:29.000 --> 35:33.000]  They can hold me for 48 hours and have to give me a personal bond.
[35:33.000 --> 35:34.000]  The judge has to give you that.
[35:34.000 --> 35:37.000]  I'm going to let them screw up all the way to the end until I can...
[35:37.000 --> 35:39.000]  Good, good, you got it.
[35:39.000 --> 35:43.000]  Okay, the warrant always says...
[35:43.000 --> 35:45.000]  Right, I'm Rambo.
[35:45.000 --> 35:51.000]  Arrest this person and bring him before me.
[35:51.000 --> 35:54.000]  But you're before that, the magistrate who issued it.
[35:54.000 --> 35:56.000]  Correct.
[35:56.000 --> 36:00.000]  They arrest you and they take you somewhere else.
[36:00.000 --> 36:04.000]  That should get a motion for sanctions.
[36:04.000 --> 36:10.000]  Then it should get criminal against the bailiff.
[36:10.000 --> 36:13.000]  I like the other idea about the examining trial.
[36:13.000 --> 36:18.000]  If you ask him to act as a magistrate and hold an examining trial,
[36:18.000 --> 36:23.000]  he is highly likely to do exactly what Randy was saying.
[36:23.000 --> 36:26.000]  If you start rattling off about when you don't have a right to one,
[36:26.000 --> 36:31.000]  Code of Criminal Regions 1601, this is not a felony, you don't have a right to...
[36:31.000 --> 36:33.000]  That puts...
[36:33.000 --> 36:38.000]  That is something that the bailiff saw the crime in front of his eyes,
[36:38.000 --> 36:41.000]  and that's something that you can ask the bailiff to arrest the judge for.
[36:41.000 --> 36:46.000]  The problem is, if he has an existing warrant, he won't get there.
[36:46.000 --> 36:51.000]  The bailiff will arrest him immediately and take him to jail.
[36:51.000 --> 36:55.000]  And that's their tactic to beat you up and soften you up
[36:55.000 --> 36:58.000]  and get you ready for the kill.
[36:58.000 --> 37:05.000]  But for Randy, there was the legislative changes in the GDP 45.014 in 2017,
[37:05.000 --> 37:10.000]  which makes all of this, including the bench, fraudulently illegal.
[37:10.000 --> 37:15.000]  They can't arrest me, not if I come into the court with good faith
[37:15.000 --> 37:18.000]  to resolve the warrant before it's executed.
[37:18.000 --> 37:22.000]  They can and they will, right, Brett?
[37:22.000 --> 37:26.000]  Yeah, what he's saying is true, that they've added that in there,
[37:26.000 --> 37:31.000]  and if the judge does that, he's committed another crime,
[37:31.000 --> 37:37.000]  but that doesn't ever seem to stop them from committing crimes.
[37:37.000 --> 37:41.000]  Okay, that's my point, Adam. You can expect them to arrest you,
[37:41.000 --> 37:44.000]  because they think they can.
[37:44.000 --> 37:48.000]  So you need to be prepared for that.
[37:48.000 --> 37:55.000]  Order them to take you directly before the magistrate who issued the warrant.
[37:55.000 --> 37:57.000]  Of course, yeah.
[37:57.000 --> 38:00.000]  That's what the warrant says, and then if they take you to jail,
[38:00.000 --> 38:06.000]  then that is absolutely false imprisonment.
[38:06.000 --> 38:07.000]  Gotcha.
[38:07.000 --> 38:12.000]  But that's what they can be sure they're going to do.
[38:12.000 --> 38:14.000]  So I shouldn't even show up.
[38:14.000 --> 38:15.000]  I should just hit them through the door.
[38:15.000 --> 38:17.000]  Oh, no, no, no, no, show up.
[38:17.000 --> 38:23.000]  Well, it sounds like you're ready for that.
[38:23.000 --> 38:30.000]  If they arrest you, it depends on what you want to do.
[38:30.000 --> 38:34.000]  You want to sue them for false imprisonment, because this is kind of dead bang.
[38:34.000 --> 38:35.000]  Yeah.
[38:35.000 --> 38:38.000]  That's what I think. I think I have a dead bang,
[38:38.000 --> 38:43.000]  and as I'm trying to bring it to fruition, because I got a lot of dead bang,
[38:43.000 --> 38:48.000]  but this is an issue that absolutely needs to be addressed.
[38:48.000 --> 38:49.000]  Yeah.
[38:49.000 --> 38:55.000]  You have a warrant that orders the bailiff to arrest you and bring you before this magistrate.
[38:55.000 --> 39:00.000]  You step up before this magistrate, and the bailiff arrests you and takes you
[39:00.000 --> 39:02.000]  to jail instead of before the magistrate.
[39:02.000 --> 39:09.000]  Once you stand before the magistrate, the warrant becomes null and void.
[39:09.000 --> 39:19.000]  The reason for the warrant, saying what it does, is a warrant is necessarily issued ex parte.
[39:19.000 --> 39:22.000]  The warrant's for the purpose of having you brought before the magistrate.
[39:22.000 --> 39:26.000]  If you're already before the magistrate, there's no need for a warrant.
[39:26.000 --> 39:33.000]  So the only way the warrant can issue is if you're not before the magistrate when the warrant's issued.
[39:33.000 --> 39:35.000]  So it's ex parte.
[39:35.000 --> 39:39.000]  So it's an examining trial ex parte.
[39:39.000 --> 39:43.000]  Once they arrest you, they are to bring you back before this magistrate
[39:43.000 --> 39:48.000]  and hold an examining trial with both parties present.
[39:48.000 --> 39:52.000]  That's why it says bring in before me.
[39:52.000 --> 39:59.000]  Well, when they take you to jail instead, that's absolutely false imprisonment.
[39:59.000 --> 40:06.000]  And Brett, Cusovat, how much per hour?
[40:06.000 --> 40:07.000]  A minute?
[40:07.000 --> 40:13.000]  It's $1,086 a minute.
[40:13.000 --> 40:17.000]  We have good precedent for that.
[40:17.000 --> 40:27.000]  Why would, if I'm in contact with the court and they've sent me a pre-trial hearing notice
[40:27.000 --> 40:31.000]  with the date and time for a pre-trial hearing before the judge,
[40:31.000 --> 40:38.000]  because basically because I requested it, how can they then say there's still a warrant active for my arrest?
[40:38.000 --> 40:39.000]  I mean, what are they going to do?
[40:39.000 --> 40:47.000]  Arrest me in the parking lot as I'm showing up to go to my 9.30 a.m. pre-trial hearing that I've already been in contact with the court.
[40:47.000 --> 40:49.000]  It doesn't make any sense.
[40:49.000 --> 40:53.000]  What did they do to you, Brett?
[40:53.000 --> 40:57.000]  Well, with me, I showed up before the hearing.
[40:57.000 --> 41:01.000]  They had a hearing set up for July 16.
[41:01.000 --> 41:09.000]  And as soon as I heard about it on July 9, I filed a bunch of paperwork into their case,
[41:09.000 --> 41:13.000]  into that case that they invented out of nothing.
[41:13.000 --> 41:23.000]  And I went over there on the 12th, so four days prior to when they had said I should show up.
[41:23.000 --> 41:34.000]  And as soon as I got there, the judges, I don't know what you call secretary or coordinator,
[41:34.000 --> 41:37.000]  court coordinator, somebody in front of the judge there says,
[41:37.000 --> 41:42.000]  oh, this judge is not available right now.
[41:42.000 --> 41:47.000]  So, well, I didn't get you to get that judge out here.
[41:47.000 --> 41:50.000]  And the judge is not available.
[41:50.000 --> 41:53.000]  They took me.
[41:53.000 --> 42:05.000]  They had sheriff deputies come and grab me there in the courthouse and take me from seeing the magistrate down the road to their jailhouse.
[42:05.000 --> 42:13.000]  It does not matter that they didn't have a warrant and that they had to invent one and backdate it.
[42:13.000 --> 42:15.000]  It didn't matter what the law said.
[42:15.000 --> 42:18.000]  If they had a warrant, what they were supposed to do with it,
[42:18.000 --> 42:26.000]  it doesn't matter that the Code of Criminal Procedure 15.16 says how warrant is executed.
[42:26.000 --> 42:30.000]  The officer is supposed to take me before the magistrate who issued the warrant.
[42:30.000 --> 42:37.000]  There's not any ambiguity about maybe we should just incarcerate this person.
[42:37.000 --> 42:40.000]  Nothing about incarceration, but they don't care.
[42:40.000 --> 42:43.000]  That's their normal procedure.
[42:43.000 --> 42:47.000]  That's just what they do.
[42:47.000 --> 42:55.000]  Point is Adam expected.
[42:55.000 --> 42:59.000]  Are you there, Adam?
[42:59.000 --> 43:03.000]  Adam, did we lose you?
[43:03.000 --> 43:08.000]  Sounds like we might have put Adam to sleep.
[43:08.000 --> 43:10.000]  We probably lost him.
[43:10.000 --> 43:14.000]  Maybe he'll call back once he realizes the call has dropped.
[43:14.000 --> 43:19.000]  We're coming up on another time to hear our sponsors here.
[43:19.000 --> 43:25.000]  We've got John on the line and 30 seconds should be enough for John.
[43:25.000 --> 43:33.000]  He generally gets things done in 30 seconds, isn't that right, John?
[43:33.000 --> 43:35.000]  John, you're not answering either.
[43:35.000 --> 43:37.000]  John, wake up, get your phone working.
[43:37.000 --> 43:40.000]  We'll pick you up when we come back on the other side.
[43:40.000 --> 43:44.000]  We've got Andy Kelton, Brett Fountain, and we've got our radio.
[43:44.000 --> 43:46.000]  Check out our sponsors over the break.
[43:46.000 --> 43:52.000]  They've got great tools to help you achieve the remedies that we talk about on this show.
[43:52.000 --> 44:00.000]  Hang on, we'll be right back.
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[44:38.000 --> 44:41.000]  Personal consultation is available as well.
[44:41.000 --> 44:46.000]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mirris banner,
[44:46.000 --> 44:49.000]  or email michaelmirris at yahoo.com.
[44:49.000 --> 45:00.000]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
[45:00.000 --> 45:03.000]  Are you the plaintiff or defendant in a lawsuit?
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[46:22.000 --> 46:37.000]  Okay, we are back. This is the rule of law radio with Randy Kelton. I'm Brett Fountain,
[46:37.000 --> 46:41.000]  and we're going to go to John in New York.
[46:41.000 --> 46:47.000]  It's our next car, trying right before the sponsors and couldn't seem to raise him.
[46:47.000 --> 46:50.000]  John, are you there?
[46:50.000 --> 46:53.000]  Hello, John.
[46:53.000 --> 46:57.000]  I think we put him to sleep.
[46:57.000 --> 47:02.000]  John, are you there?
[47:02.000 --> 47:04.000]  Well...
[47:04.000 --> 47:13.000]  Okay, we're going to go on to James in Texas.
[47:13.000 --> 47:17.000]  Hello, James, what do you have for us today?
[47:17.000 --> 47:23.000]  Well, I'm just calling back. I called y'all last night,
[47:23.000 --> 47:28.000]  and y'all were talking about jurisdiction earlier today,
[47:28.000 --> 47:34.000]  and I was listening to some archives maybe from June of this year,
[47:34.000 --> 47:39.000]  and Brett was talking about a motion to show authority.
[47:39.000 --> 47:42.000]  Yes, sir.
[47:42.000 --> 47:50.000]  Am I correct in stating that the only thing the prosecutor could produce
[47:50.000 --> 47:57.000]  to show authority is an indictment or an information?
[47:57.000 --> 48:01.000]  Yes, but that wouldn't be enough on its own.
[48:01.000 --> 48:08.000]  He would also have to show that he is that guy, the one who's authorized to present it.
[48:08.000 --> 48:13.000]  So if his signature is on there and he's an assistant,
[48:13.000 --> 48:19.000]  he's not the one that was expressly granted that authority by the legislature.
[48:19.000 --> 48:26.000]  We can see some places where the legislature has allowed for the main person or the assistant to do it,
[48:26.000 --> 48:29.000]  but this isn't one of those places.
[48:29.000 --> 48:34.000]  So there's a bottleneck, and that's for our protection.
[48:34.000 --> 48:42.000]  The people are protected by this bottleneck that we only have that few handful of people
[48:42.000 --> 48:47.000]  that are allowed to do this presentment of an indictment or an information.
[48:47.000 --> 48:51.000]  So he would have to produce the indictment or the information,
[48:51.000 --> 48:57.000]  and that document would have to meet all of the requirements that are in.
[48:57.000 --> 49:06.000]  If you look at Code of Criminal Procedure Chapter 21, it lists a whole lot of requirements for an indictment or an information.
[49:06.000 --> 49:13.000]  And it also says that an information has to be filed along with the complaint it was based on.
[49:13.000 --> 49:18.000]  So you've got to have, he would have to produce that if it's a misdemeanor or something,
[49:18.000 --> 49:23.000]  he would have an indictment, I'm sorry, an information.
[49:23.000 --> 49:30.000]  But he would also have to show that the criminal complaint that it was based on is also valid.
[49:30.000 --> 49:41.000]  So you'll see in the Code of Criminal Procedure 1504 and 1505 tells the requirements of the complaint.
[49:41.000 --> 49:47.000]  And if it's a municipal, I'm sorry, I forgot, was yours a municipal?
[49:47.000 --> 49:50.000]  Which one?
[49:50.000 --> 49:55.000]  Two municipal, one sheriff's department and one DPS.
[49:55.000 --> 50:11.000]  The one I'm talking about, well, it really doesn't matter whether it's a...in all of them, there is no indictment or information.
[50:11.000 --> 50:26.000]  So my question is, when if you file that motion, if they don't produce one of them, shouldn't I also have a criminal complaint for baritry against the prosecutor?
[50:26.000 --> 50:27.000]  Absolutely.
[50:27.000 --> 50:28.000]  Judge right then?
[50:28.000 --> 50:30.000]  And the bar gradants.
[50:30.000 --> 50:33.000]  Oh, yeah.
[50:33.000 --> 50:46.000]  They've every one of them's been bar-grade, but if he cannot produce that indictment or information to show his authority to bring this prosecution,
[50:46.000 --> 50:57.000]  that should bring a baritry charge immediately, unless I'm not seeing something.
[50:57.000 --> 50:58.000]  Right.
[50:58.000 --> 51:03.000]  I think it's absolutely correct that a baritry is perfectly fitting.
[51:03.000 --> 51:14.000]  The baritry charge fits what he does if he's trying to insinuate himself into that courtroom in a way that he was not exactly authorized to do.
[51:14.000 --> 51:16.000]  He's just trying to pay.
[51:16.000 --> 51:17.000]  That's not right.
[51:17.000 --> 51:19.000]  That's baritry.
[51:19.000 --> 51:26.000]  That never entered my mind until listening to, like I said, this archive.
[51:26.000 --> 51:46.000]  What we were talking about just before we got ran out of time last night, you know, I know Randy's got that ready motion to file for discovery and his authority of motions,
[51:46.000 --> 52:07.000]  but I got to thinking if I've done my homework and I know that, for example, City of Lufkin or Angelina County Sheriff's Department do not have the authority to enforce the traffic law,
[52:07.000 --> 52:14.000]  what do you think about filing a pre-lit, pre-litigation discovery request?
[52:14.000 --> 52:16.000]  This is too late to file pre-litigation.
[52:16.000 --> 52:22.000]  You're already in litigation once you have a complaint against you.
[52:22.000 --> 52:23.000]  Okay.
[52:23.000 --> 52:27.000]  Well, I'm talking about pre-litigation for me suing them.
[52:27.000 --> 52:30.000]  No, definitely.
[52:30.000 --> 52:36.000]  And you can make a request for the appointment by the county commissioners.
[52:36.000 --> 52:37.000]  Okay.
[52:37.000 --> 52:43.000]  If you have a sheriff's deputy, you make a request for the appointment by the county commissioners.
[52:43.000 --> 52:57.000]  The appointment by the county commissioners court of this officer as a traffic control officer and evidence of payment by the county commissioners court to this officer for his services.
[52:57.000 --> 52:58.000]  Exactly.
[52:58.000 --> 53:02.000]  They're required to pay him.
[53:02.000 --> 53:12.000]  And keep in mind, he, James, Randy is talking about things that you're pretending like you don't already have and don't already know because you're trying to get discovered.
[53:12.000 --> 53:15.000]  You've already done these, you've already looked into it.
[53:15.000 --> 53:19.000]  You've already found out, but you're asking for these things.
[53:19.000 --> 53:23.000]  Randy is saying this as if you don't already know that.
[53:23.000 --> 53:24.000]  Okay.
[53:24.000 --> 53:25.000]  Yeah.
[53:25.000 --> 53:28.000]  As if you don't already know they don't exist.
[53:28.000 --> 53:33.000]  And when the custodian says we have no, we don't have these records.
[53:33.000 --> 53:36.000]  I said, well, you know, I can't give you what we don't have.
[53:36.000 --> 53:43.000]  You understand that, but you can give me a response saying we have no records responsive to your request.
[53:43.000 --> 53:46.000]  Now that is immortalized.
[53:46.000 --> 53:59.000]  And I've got those answers in from the city of Lufkin, Angelina County, Nacodotus, city of Nacodotus.
[53:59.000 --> 54:03.000]  Have you talked to Eddie Craig at all?
[54:03.000 --> 54:04.000]  Oh, yeah.
[54:04.000 --> 54:07.000]  Okay, you know he's from Nacodotus.
[54:07.000 --> 54:08.000]  Oh, yeah.
[54:08.000 --> 54:22.000]  I remember Randy, I'm the one that I'm now in his old, well, talking to the landlord, his computer repair shop was right next door.
[54:22.000 --> 54:25.000]  He actually lived where I work now.
[54:25.000 --> 54:26.000]  Oh.
[54:26.000 --> 54:29.000]  I found this out from talking to the landlord.
[54:29.000 --> 54:31.000]  4,500 North Street.
[54:31.000 --> 54:32.000]  Oh, okay.
[54:32.000 --> 54:35.000]  So you're, so you're in touch.
[54:35.000 --> 54:36.000]  Good.
[54:36.000 --> 54:38.000]  Yeah, he said, I know exactly where that is.
[54:38.000 --> 54:39.000]  Oh, yeah.
[54:39.000 --> 54:45.000]  Eddie has taken his router out and smacked the back of my hand many, many times.
[54:45.000 --> 54:53.000]  You know, I mean, there are times that I have some questions that I understand this frustration.
[54:53.000 --> 54:56.000]  I could have found that out myself.
[54:56.000 --> 55:03.000]  And, and I've told him he's smacking my hand, I can take criticism.
[55:03.000 --> 55:17.000]  But no, I thought about that pre-lit and late instead of lady labeling that discovery motion, a Brady motion, label it a pre-litigation discovery motion.
[55:17.000 --> 55:39.000]  And they will probably object claiming that this motion is filed in the ongoing case and you'll have to designate in your petition that you are researching for a potential civil action.
[55:39.000 --> 55:49.000]  And you need discovery in order to determine whether or not you actually have a claim.
[55:49.000 --> 55:50.000]  Okay.
[55:50.000 --> 55:59.000]  And that should keep them from being able to, but it won't help them if they claim that this is really discovery for the criminal.
[55:59.000 --> 56:14.000]  And if the criminal is a traffic, then you don't have a right to discovery in a classy misdemeanor anyway, so they can't claim this would fall under.
[56:14.000 --> 56:26.000]  So any claim that it falls under discovery in the criminal would be frivolous because there is no discovery in a classy misdemeanor.
[56:26.000 --> 56:30.000]  Does that make sense?
[56:30.000 --> 56:39.000]  Well, if there's no discovery, then why would we file a, you're talking about for pre-litigation or?
[56:39.000 --> 56:47.000]  No, I was saying in a classy misdemeanor, the courts are not required to provide discovery.
[56:47.000 --> 57:09.000]  If you file a petition for pre-litigation discovery under Rule 202, the prosecutor is likely to claim that this is really a request for discovery in a criminal case in which you don't have a right to discovery and try to get the judge to rule against it on that basis.
[57:09.000 --> 57:14.000]  Where do we not, how does our right to discovery get taken away for Class C?
[57:14.000 --> 57:16.000]  I've not seen that distinction.
[57:16.000 --> 57:23.000]  It's in the code that they don't have to provide it for Class C. It's a problem.
[57:23.000 --> 57:27.000]  It needs to be addressed, but until it is, it's in the code.
[57:27.000 --> 57:29.000]  I don't remember exactly where it is, but I've seen it.
[57:29.000 --> 57:31.000]  It's in Chapter 45.
[57:31.000 --> 57:39.000]  But they do have to provide discovery on a Brady motion?
[57:39.000 --> 57:44.000]  No, Brady is standard discovery, not in Class C.
[57:44.000 --> 57:54.000]  Now, the prosecutors don't seem to always know that, because we don't always get that objection.
[57:54.000 --> 58:02.000]  But if you do a 202 pre-litigation, and that would go to a district court, it wouldn't go to this court.
[58:02.000 --> 58:15.000]  So you would likely get that objection, but you could claim it was relevant, because there's not discovery going to a Class C misdemeanor.
[58:15.000 --> 58:19.000]  There's discovery going to a civil litigation.
[58:19.000 --> 58:25.000]  That's just something I thought of yesterday when I was...
[58:25.000 --> 58:26.000]  Okay, wait, hang on.
[58:26.000 --> 58:30.000]  We're about to go to our sponsors.
[58:30.000 --> 58:32.000]  Check out our sponsors over the break.
[58:32.000 --> 58:34.000]  We still have our fundraiser going on.
[58:34.000 --> 58:36.000]  Check out the gun giveaway.
[58:36.000 --> 58:44.000]  And make sure, above all, that you check out Randy's Beer Fund.
[58:44.000 --> 58:50.000]  We'll be right back.
[58:50.000 --> 58:54.000]  Would you like to make more definite progress in your walk with God?
[58:54.000 --> 59:01.000]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.000 --> 59:06.000]  The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:06.000 --> 59:13.000]  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.
[59:13.000 --> 59:18.000]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.000 --> 59:27.000]  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.
[59:27.000 --> 59:40.000]  To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll-free at 888-551-0102.
[59:40.000 --> 59:50.000]  That's 888-551-0102. Or visit us online at bfa.org.
[59:50.000 --> 01:00:00.000]  You're listening to the Logos Radio Network at www.logosradionetwork.com.
[01:00:00.000 --> 01:00:06.000]  The following use flash is brought to you by the Lowstar Lowdown.
[01:00:06.000 --> 01:00:23.000]  Markets for Monday the 22nd of July 2019, open with Precious Metals, Gold $1,429.00, Silver $16.45.00, Copper $2.75.00, Oil Texas Crew $55.63 of Barrel, Brent Crew $62.47 of Barrel,
[01:00:23.000 --> 01:00:46.000]  and Crypto is in order of Market Cap, Bitcoin Core $10,566.52, Ethereum $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 of Crypto Coin.
[01:00:46.000 --> 01:00:57.000]  Today in History, the year 1916, the Preparedness Day Bombing, a Thai suitcase bomb was detonated on Market Street in San Francisco during the World War I Preparedness Day Parade,
[01:00:57.000 --> 01:01:00.000]  killing 10 and entering 40.
[01:01:00.000 --> 01:01:04.000]  Today in History.
[01:01:04.000 --> 01:01:17.000]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing HEP into Texas law back in June, county prosecutors around the state, including Houston, Austin and San Antonio, have been dropping marijuana possession charges,
[01:01:17.000 --> 01:01:24.000]  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 herb for THC.
[01:01:24.000 --> 01:01:33.000]  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.
[01:01:33.000 --> 01:01:48.000]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter that 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,
[01:01:48.000 --> 01:02:01.000]  as well as other cities, too, like the district attorney, in El Paso, Khayma 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.
[01:02:01.000 --> 01:02:13.000]  However, the issue was succinctly summarized by Mr. Brandon Ball, 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.
[01:02:13.000 --> 01:02:22.000]  It's important that if someone is charged with something, the test matches what they're charged with.
[01:02:22.000 --> 01:02:39.000]  A paper by Tulane University identified a five and a half inch American pocket shark 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.
[01:02:39.000 --> 01:02:51.000]  According to the university paper, the shark secretes a luminous fluid from a gland near its front fins for the purposes hypothesized to lure and prey who may be drawn into the glow.
[01:02:51.000 --> 01:03:00.000]  This is Ruth Brody with your lowdown for July 22, 2019.
[01:03:00.000 --> 01:03:25.000]  Okay, we are back.
[01:03:25.000 --> 01:03:33.000]  Randy Kelton with Law Radio, Randy Kelton, Brett Fountain with Law Radio, and we were talking over the break over this discovery issue.
[01:03:33.000 --> 01:03:43.000]  And Brett, will you speak to the issue you had in court over discovery, you know, classy, Mr. either?
[01:03:43.000 --> 01:03:44.000]  Sure.
[01:03:44.000 --> 01:03:56.000]  I was just saying that I didn't find anywhere that gave a distinction so that any particular severity, Class C, oh, well, you can't have discovery if it's only a Class C misdemeanor.
[01:03:56.000 --> 01:03:59.000]  And Randy was saying, well, it must be case law.
[01:03:59.000 --> 01:04:16.000]  And so I'm saying, okay, so they just made it up, right? And that's what I told the judge when a prosecutor told me one time in a traffic case, and the prosecutor told me, well, you can't have discovery.
[01:04:16.000 --> 01:04:19.000]  This is not a, this is not the kind of case.
[01:04:19.000 --> 01:04:22.000]  This is just a Class C misdemeanor and you can't have discovery.
[01:04:22.000 --> 01:04:23.000]  This is criminal.
[01:04:23.000 --> 01:04:29.000]  The discovery is for civil. And I said, I looked over her.
[01:04:29.000 --> 01:04:34.000]  I looked over at the judge and I said, your honor, I think she just made that up.
[01:04:34.000 --> 01:04:43.000]  You guys are really focused on really wanting to stay myopically in Chapter 45 over here and not look at anything else.
[01:04:43.000 --> 01:04:53.000]  However, Chapter 45 specifically directs you to go outside of 45 if you need to for something that's not defined in 45.
[01:04:53.000 --> 01:04:57.000]  There's no rule or procedure provided specifically for municipal.
[01:04:57.000 --> 01:05:01.000]  Then you better go outside of 45, just like it says.
[01:05:01.000 --> 01:05:09.000]  And over here in 3904, it says that the civil rules apply for discovery.
[01:05:09.000 --> 01:05:15.000]  Now, I don't know what this prosecutor is wanting to do, but not wanting me to have discovery.
[01:05:15.000 --> 01:05:17.000]  I need discovery.
[01:05:17.000 --> 01:05:19.000]  And of course, the judge just denied it.
[01:05:19.000 --> 01:05:25.000]  I don't hear him like every other thing, but that's just what they do.
[01:05:25.000 --> 01:05:34.000]  That's when you asked the bailiff to drag the judge off the bench and throw him in jail.
[01:05:34.000 --> 01:05:36.000]  Okay, James, you there?
[01:05:36.000 --> 01:05:40.000]  Yeah, that's about all I had tonight.
[01:05:40.000 --> 01:05:47.000]  Brett, I know I told you I'd try to call you this week, but I've had to work six days this week.
[01:05:47.000 --> 01:05:53.000]  And I have sitting with my girlfriend and watching Noah's Art for while she's out of town.
[01:05:53.000 --> 01:05:57.000]  And I just didn't have a chance to give you a call.
[01:05:57.000 --> 01:06:00.000]  Yeah, no worries.
[01:06:00.000 --> 01:06:06.000]  Wait a minute, Noah's Art, are you implying that it's been raining in Texas?
[01:06:06.000 --> 01:06:15.000]  No, I'm implying that I'm taking care of three cats, three dogs, three turtles, and a guinea pig named Hugo.
[01:06:15.000 --> 01:06:24.000]  Oh, okay, because I've heard rumors about rain in Texas, and that's just Yankee propaganda.
[01:06:24.000 --> 01:06:29.000]  It never rains in Texas, the weather's always perfect.
[01:06:29.000 --> 01:06:32.000]  And we wouldn't lie about that either.
[01:06:32.000 --> 01:06:35.000]  See, we're not cloudy all day.
[01:06:35.000 --> 01:06:38.000]  No, they're not cloudy all day.
[01:06:38.000 --> 01:06:41.000]  And we don't have a bunch of animals to take care of.
[01:06:41.000 --> 01:06:43.000]  I got a bunch of them right now.
[01:06:43.000 --> 01:06:56.000]  But anyway, that's all I had for tonight, guys, and Brett, I will send you a text and see if I can, you know, I'll send you a text whenever
[01:06:56.000 --> 01:07:00.000]  and just say when you get a chance, call me.
[01:07:00.000 --> 01:07:01.000]  All right.
[01:07:01.000 --> 01:07:04.000]  Okay, do you have his email or his number?
[01:07:04.000 --> 01:07:05.000]  See what now?
[01:07:05.000 --> 01:07:07.000]  No, not yet.
[01:07:07.000 --> 01:07:12.000]  Okay, just send me an email and I will forward it to Brett.
[01:07:12.000 --> 01:07:21.000]  Well, he, when I did that last week, I think, or I asked you about it and you were going to do it.
[01:07:21.000 --> 01:07:26.000]  And when I hung up two minutes later, I got a text from Brett, so he's got my phone number.
[01:07:26.000 --> 01:07:27.000]  Oh, okay, so you got it.
[01:07:27.000 --> 01:07:28.000]  Okay, so you don't need it.
[01:07:28.000 --> 01:07:30.000]  Okay, we're good then.
[01:07:30.000 --> 01:07:36.000]  Okay, y'all have a good weekend and I will talk to y'all in the coming week.
[01:07:36.000 --> 01:07:37.000]  Thank you, James.
[01:07:37.000 --> 01:07:43.000]  Okay, now we're going to go to John in New York.
[01:07:43.000 --> 01:07:47.000]  John, did you get woke up?
[01:07:47.000 --> 01:07:53.000]  Hello, John, third time still.
[01:07:53.000 --> 01:07:56.000]  It took John because he dropped off and came back on.
[01:07:56.000 --> 01:07:59.000]  But I think John is having issues.
[01:07:59.000 --> 01:08:04.000]  I think maybe he's getting shy and he's just afraid to talk.
[01:08:04.000 --> 01:08:07.000]  Okay, John, whatever it is, we can't hear you.
[01:08:07.000 --> 01:08:10.000]  So we're going to go to Ken in New York.
[01:08:10.000 --> 01:08:12.000]  Hello, Ken.
[01:08:12.000 --> 01:08:13.000]  Hi, Randy.
[01:08:13.000 --> 01:08:18.000]  Hi, Bear.
[01:08:18.000 --> 01:08:24.000]  And he mentioned one of my favorite subjects lately and that was about the judicial disclosure.
[01:08:24.000 --> 01:08:29.000]  And I learned something new this week.
[01:08:29.000 --> 01:08:34.000]  I called him to show that James Fetso was on.
[01:08:34.000 --> 01:08:41.000]  And he, you know, he was talking about Sandy Hook and this is not about Sandy Hook, regardless of whatever you may think about it.
[01:08:41.000 --> 01:08:55.000]  One of the things that apparently are factual is that all of the people involved had their mortgages paid off and they scattered to the floor with except for the one person that came back and sued him.
[01:08:55.000 --> 01:09:05.000]  And when I asked him about this question, he said, I said, something that's always bothered me about this situation.
[01:09:05.000 --> 01:09:14.000]  And it was that nobody, it doesn't seem to be a paper trail to find out who pays the mortgage off.
[01:09:14.000 --> 01:09:17.000]  And he said the mortgage wasn't paid off.
[01:09:17.000 --> 01:09:19.000]  He said it was zeroed out.
[01:09:19.000 --> 01:09:32.000]  And I said, unfortunately, the show was ending, so I didn't have the time to bring up the part about the judicial, you know, about the shenanigans that go on with the judges that mortgage their houses and then they get paid off.
[01:09:32.000 --> 01:09:48.000]  And I'm thinking to myself, if they're not being paid off and they're being zeroed out, that maybe that's why you can't find out where the source of the payment comes from, because maybe there is none.
[01:09:48.000 --> 01:09:53.000]  Maybe it's the bank that's doing it.
[01:09:53.000 --> 01:10:04.000]  That would be the only one who would have standing to forgive the mortgage, forgive the note.
[01:10:04.000 --> 01:10:12.000]  So someone paid off the bank and then the bank zeroed out the mortgage.
[01:10:12.000 --> 01:10:26.000]  That's just an interesting way of laundering these funds so it keeps the actual perpetrator in the background.
[01:10:26.000 --> 01:10:46.000]  Is it possible that the bank issued the mortgage and then zeroed it out without, let's say, somebody told the bank to do it, or somebody winked an eye and the bank just issued the mortgage and then...
[01:10:46.000 --> 01:11:00.000]  Or someone put funds in another apparently unrelated account and then allowed the bank to take possession of that unrelated account.
[01:11:00.000 --> 01:11:14.000]  And based on that, on the condition that the judge zeroed out, I mean, that the bank zeroed out this account, I can see how they could do that and it would hide the source of funding.
[01:11:14.000 --> 01:11:21.000]  That's why I brought it up to you because I know you know a little more about financial things than I do.
[01:11:21.000 --> 01:11:37.000]  And I'm wondering if this exposes the bank, if you demand a judicial disclosure from the judge, however you might do that, I don't know the mechanics of it, how do you get the bank involved in it?
[01:11:37.000 --> 01:11:42.000]  We could do that with pre-litigation discovery if you were in Texas.
[01:11:42.000 --> 01:11:49.000]  Every other state only allows depositions, but Texas allows full discovery.
[01:11:49.000 --> 01:12:01.000]  So if you're in Texas, you can ask for full discovery from the bank on who's how this account got zeroed out.
[01:12:01.000 --> 01:12:17.000]  The bank has to answer to its stockholders and where did this sum of money that would zero out this account come from? How did their books match up?
[01:12:17.000 --> 01:12:25.000]  You know, we're talking hundreds of thousands of dollars, so we're not talking chunk change here. There has to be a financial record.
[01:12:25.000 --> 01:12:35.000]  As I mentioned, I don't know if I mentioned it on your show or not, but did I ask you recently if you heard of Janet Phelan?
[01:12:35.000 --> 01:12:38.000]  Does not ring a bell.
[01:12:38.000 --> 01:12:42.000]  Okay, her name is Janet Phelan, P-H-E.
[01:12:42.000 --> 01:12:48.000]  Oh, I'm sorry, I didn't hear that right. Oh yes, that was your, yes, I know her well. I've had her on the show.
[01:12:48.000 --> 01:12:58.000]  I looked around to her website and she has a place where she's had many people come in and comment on it. Apparently she's the one that spotted this.
[01:12:58.000 --> 01:13:05.000]  And she claims that people have threatened her life and she's had to have been on the run from time to time and I can see why.
[01:13:05.000 --> 01:13:08.000]  I mean, it's not like it's a big surprise to me.
[01:13:08.000 --> 01:13:25.000]  But from what I've looked around on the website, I've never seen anything to do with the concept of zeroing out alone as opposed to somebody paying it off, but we can't seem to find out who paid it off.
[01:13:25.000 --> 01:13:34.000]  That's kind of how it works and this goes back to Wacovia and Washington Mutual.
[01:13:34.000 --> 01:13:45.000]  Wacovia and Washington Mutual, they were national association banks and they had a Federal Reserve account.
[01:13:45.000 --> 01:13:56.000]  And they would come to a borrower and offer to borrow, to lend them money on a property.
[01:13:56.000 --> 01:14:10.000]  So the bank, Wacovia and Washington Mutual gave the impression that they went to their Federal Reserve account and pulled the funds from the account.
[01:14:10.000 --> 01:14:25.000]  And the way the Federal Reserve account worked is that the bank or the institution would put in an amount of money and then they could draw out ten times that amount.
[01:14:25.000 --> 01:14:35.000]  So what it did was increase the velocity of money without increasing the volume of money.
[01:14:35.000 --> 01:14:39.000]  Increasing the volume of money would cause inflation.
[01:14:39.000 --> 01:14:52.000]  So what they did was they would create 90% of the loan amount out of the thin air, make it available to the mortgage company and when the mortgage was paid back,
[01:14:52.000 --> 01:15:01.000]  the mortgage company would pay those funds back into the reserve account and send those funds back to the thin air from which they came.
[01:15:01.000 --> 01:15:03.000]  That was the idea.
[01:15:03.000 --> 01:15:13.000]  What Washington Mutual and Wacovia were doing was they were giving the impression they were drawing these funds from their Federal Reserve account but they were not.
[01:15:13.000 --> 01:15:20.000]  They were getting these funds from Mexican and Colombian drug cartels.
[01:15:20.000 --> 01:15:30.000]  And then when the funds came back, they were legitimately paid in to extinguish this mortgage the funds were laundered.
[01:15:30.000 --> 01:15:35.000]  Largest money laundering operation in the history of the planet.
[01:15:35.000 --> 01:15:47.000]  The feds caught Wacovia with a C-130 Herc with 385 million in cash in it from the drug cartels.
[01:15:47.000 --> 01:15:58.000]  That's why both Wacovia and Washington Mutual got shut down because they were competing with the CIA for the drug trade.
[01:15:58.000 --> 01:16:02.000]  Don't mess with the CIA's drug trade.
[01:16:02.000 --> 01:16:05.000]  So that's how that works.
[01:16:05.000 --> 01:16:15.000]  So they can be essentially these judges are doing essentially the same things.
[01:16:15.000 --> 01:16:24.000]  They create this mortgage that appears to come from a mortgage company through a Federal Reserve account.
[01:16:24.000 --> 01:16:29.000]  But the funds are actually coming from somewhere else to pay these things off.
[01:16:29.000 --> 01:16:34.000]  So there's no funds being pulled from the Federal Reserve account.
[01:16:34.000 --> 01:16:40.000]  The funds are being pulled from the payoffs.
[01:16:40.000 --> 01:16:45.000]  I think I hear music.
[01:16:45.000 --> 01:16:47.000]  Here the music is playing.
[01:16:47.000 --> 01:16:48.000]  Hang on.
[01:16:48.000 --> 01:16:49.000]  We'll be right back.
[01:16:49.000 --> 01:16:53.000]  Randy Colton, Brett Fountain, Louisville Radio.
[01:16:53.000 --> 01:16:55.000]  I got my outro all backwards.
[01:16:55.000 --> 01:17:04.000]  We'll be right back.
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[01:19:53.000 --> 01:19:56.000]  Randy Kelton, Brett Fountain, Lula Radio.
[01:19:56.000 --> 01:19:59.000]  I'm talking to Ken in New York.
[01:19:59.000 --> 01:20:02.000]  Okay, Ken, does that kind of make sense?
[01:20:02.000 --> 01:20:05.000]  It's just a money laundering scam.
[01:20:05.000 --> 01:20:22.000]  And after talking to Janet about this issue, I made up a discovery motion, a judicial discovery motion for the judge asking for financials on the judge.
[01:20:22.000 --> 01:20:38.000]  And I took all of the money laundering scams I could find and put in requests in this motion asking for evidence that went to all of these different money scams I could find.
[01:20:38.000 --> 01:20:44.000]  We've had a whole bunch of people file these with the court, not one judge has ever responded.
[01:20:44.000 --> 01:20:57.000]  Now, in order to get to the bank, can you go to the bank first by itself or do you have to go to the judge and then somehow get to the bank afterwards?
[01:20:57.000 --> 01:21:03.000]  The problem is, is we don't have standing.
[01:21:03.000 --> 01:21:11.000]  This is a private contract between the bank and the judge and we have no standing in that contract.
[01:21:11.000 --> 01:21:14.000]  So you and I can't get there.
[01:21:14.000 --> 01:21:26.000]  The Justice Department could, if they had some evidence, they could get a warrant and get access, but we don't have standing to address the judge's finances.
[01:21:26.000 --> 01:21:32.000]  So you have to grab the judge and make the judge squeal somehow?
[01:21:32.000 --> 01:21:45.000]  Yes, you'd have to find an inside way of getting that information, perhaps a private investigator could come up with a way to get to that information, but I don't know how that is.
[01:21:45.000 --> 01:21:50.000]  I'm not a private investigator, even though I was prosecuted for that once.
[01:21:50.000 --> 01:21:58.000]  I'm not, and I wouldn't know how to do it, but I'm sure there are guys out there who do.
[01:21:58.000 --> 01:22:11.000]  Do you think that when you go after the judge, that somehow you could follow the judge's movements and he might start squealing to somebody else?
[01:22:11.000 --> 01:22:25.000]  Well, there are ways to look into that if they're using their properties because you have the filings in the county registrar's office.
[01:22:25.000 --> 01:22:45.000]  You can look at that and if you find a frequency of large loans against a property that's subsequently paid off quickly, then you may have enough to raise reasonable suspicion and ask for discovery.
[01:22:45.000 --> 01:22:50.000]  But all these guys got their snouts in the same trough.
[01:22:50.000 --> 01:23:08.000]  Yeah, it seems to be an endemic problem. It also seems to be that they'll take their own house, which has already been paid off to begin with, so it's like they're taking out secondary mortgage loans for that trip to nowhere.
[01:23:08.000 --> 01:23:21.000]  Yeah, and it looks bad, but we don't have a way of getting to the actual facts. We need some kind of a court to issue a warrant, and that's tough because...
[01:23:21.000 --> 01:23:25.000]  Yeah, they're all in on it.
[01:23:25.000 --> 01:23:29.000]  Exactly.
[01:23:29.000 --> 01:23:32.000]  Okay, do you have anything else for us, Ken?
[01:23:32.000 --> 01:23:34.000]  No, no, no.
[01:23:34.000 --> 01:23:43.000]  Okay, thank you very much. Now we're going to go to try John in New York again and see if he's woken up.
[01:23:43.000 --> 01:23:46.000]  For the fourth try.
[01:23:46.000 --> 01:23:49.000]  Fourth time.
[01:23:49.000 --> 01:23:53.000]  I'm afraid John is out of luck.
[01:23:53.000 --> 01:24:02.000]  We must have put him to sleep. Okay, now we're going to Shane in New York. Hello, Shane. What do you have for us today?
[01:24:02.000 --> 01:24:06.000]  Hello, Randy.
[01:24:06.000 --> 01:24:15.000]  I have... I just want to let you know I have a big hearing coming up on Monday for arbitration.
[01:24:15.000 --> 01:24:23.000]  Oh, do you expect him to show the opposing side?
[01:24:23.000 --> 01:24:26.000]  We'll find out.
[01:24:26.000 --> 01:24:50.000]  That will be interesting. I just talked to Deborah and Ms. Leslie, bad grandma, and they have a couple of arbitration procedures that are maturing and they're moving the local judge to approve their claims, which will essentially finish the process.
[01:24:50.000 --> 01:25:10.000]  And for those of you who are not familiar with it, is 9 U.S. Code goes to this arbitration procedure that Ms. Leslie brought to the table, and it seems that the banks don't know how to deal with it.
[01:25:10.000 --> 01:25:21.000]  So they don't handle it right, and the claimant winds up getting declaratory... getting default judgments.
[01:25:21.000 --> 01:25:36.000]  And after a default judgment for the other side not responding, and what she does is sends... I think she's sending my old qualified written request, which asks for everything under the sought.
[01:25:36.000 --> 01:25:45.000]  But at the end, it asks for binding arbitration, and if the other side doesn't object to it, then they bind themselves to it.
[01:25:45.000 --> 01:25:57.000]  But the other side gets this QWR, and they start going through it, and it starts asking for stuff that you don't have a right to ask for under a QWR.
[01:25:57.000 --> 01:26:07.000]  So the lawyer sees it, oh, this is crap, this is crap, this is crap, this is crap. He gets about halfway through it and says, heck with this and closes it. This is all a bunch of junk.
[01:26:07.000 --> 01:26:18.000]  He does not get to the meat, the request for arbitration, and he doesn't respond to it, so he binds himself to it.
[01:26:18.000 --> 01:26:23.000]  So it's a dirty trick. Okay, I got that. I love dirty tricks.
[01:26:23.000 --> 01:26:35.000]  But she's... Ms. Leslie's been in suit in court with these people over her property for, oh, eight or ten years now.
[01:26:35.000 --> 01:26:46.000]  She was up to date on her payments and looked into a loan modification and didn't get one, and then the bank stopped accepting her payments.
[01:26:46.000 --> 01:26:56.000]  So she made an offer to pay off the entire property, and they wouldn't accept it. They had sold her mortgage a number of times, and they intended to foreclose on her, and they did.
[01:26:56.000 --> 01:27:04.000]  And she's been after him ever since. And her last salvo is this arbitration issue.
[01:27:04.000 --> 01:27:12.000]  She has them set up to where they are past statute of limitations so they cannot raise an objection.
[01:27:12.000 --> 01:27:22.000]  It's a perfunctory request to the judge that he signed this in that he is required to do so by law.
[01:27:22.000 --> 01:27:35.000]  So if she gets it signed, then she can go in with the sheriff and moving trucks and start unloading their offices to collect this claim.
[01:27:35.000 --> 01:27:46.000]  She's got, I think, a $45 million claim against them. And they defaulted. They didn't respond to it because they didn't know how to handle it.
[01:27:46.000 --> 01:27:54.000]  Okay. John, did you have a question? Or if you did, did I answer it?
[01:27:54.000 --> 01:27:59.000]  Oh, John's not there. Chained.
[01:27:59.000 --> 01:28:08.000]  So how are you doing this arbitration issue? How did you invoke it?
[01:28:08.000 --> 01:28:14.000]  Well, I saw, I saw the exact same program as Leslie had started back in July.
[01:28:14.000 --> 01:28:19.000]  Okay. I don't know what that is. Will you explain it? Just basically?
[01:28:19.000 --> 01:28:30.000]  It's a contract. It's basically what you've been stating. It's a contract, several pages long. And in that contract, it has an arbitration clause in there.
[01:28:30.000 --> 01:28:38.000]  And they agree and stipulate to the terms within the contract, which is a number. I think it's an eight, nine-digit number.
[01:28:38.000 --> 01:28:55.000]  And there was, I think, 40 some points. And then you, we did everything through a notary. And the default went out, final default, and final notice, and all that gets packaged together for the arbitrators.
[01:28:55.000 --> 01:29:02.000]  And in my instant case, that's going to be here next week sometime.
[01:29:02.000 --> 01:29:17.000]  Okay. So, of course, there's some fees involved and all that, but that's on her website, which I'm not going to get into right now, because I don't know exactly what all the fees are, but it's postage and handling, the notary fee.
[01:29:17.000 --> 01:29:22.000]  It's not too much. And the filing fee for the arbitration form.
[01:29:22.000 --> 01:29:40.000]  Okay, we're about to go to break. If anybody out there has interest in questions about this arbitration procedure that Ms. Leslie's put together, send me an email, ask about it, and I will forward the email to Ms. Leslie, and she will get in contact with you.
[01:29:40.000 --> 01:29:57.000]  Randy Kelton, Brett Fountain, Rural Law Radio. We're going to go to our sponsors, so it's a good time to check out our sponsors to help keep us on this radio network and to provide products that will help you achieve the remedies we talk about here.
[01:29:57.000 --> 01:30:02.000]  We'll be right back.
[01:30:02.000 --> 01:30:16.000]  Could your pharmacy release your prescription information to marketers? Believe it or not, it's not only possible. It's probably been done. I'm Dr. Katherine Albrecht, and I'll be back with loopholes that make it legal for companies like CVS to share your personal health information.
[01:30:16.000 --> 01:30:34.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again. And once your privacy is gone, you'll find your freedoms will start to vanish too. So protect your rights. Say no to surveillance and keep your information to yourself. Privacy, it's worth hanging on to.
[01:30:34.000 --> 01:30:45.000]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[01:30:45.000 --> 01:31:01.000]  Your pharmacy may be sharing your medical information without your knowledge or consent. For example, CVS pharmacies are likely to disclose your personal health information to business associates. A loophole in the law allows it if parties agree to execute a contract to, quote, safeguard the data.
[01:31:01.000 --> 01:31:21.000]  Business associates could range from marketers to insurance companies, and while they might keep information locked up, there's no telling how it might come back to bite you. Ask your pharmacy to disclose how it shared your previous data, and request in writing that it not be sold, rented, or shared. And most importantly, take your future prescriptions to establishments that guarantee real privacy.
[01:31:21.000 --> 01:31:30.000]  I'm Dr. Katherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.000 --> 01:31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.000 --> 01:31:43.000]  The government says that fire brought it down. However, 1,500 architects and engineers have concluded it was a controlled demolition.
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[01:34:08.000 --> 01:34:16.000]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Shane in New York.
[01:34:16.000 --> 01:34:26.000]  Okay, Shane, I do need to address this. We've talked to Deborah over the break, and she's concerned.
[01:34:26.000 --> 01:34:37.000]  There's issues I had about this, and I've been talking to Leslie for a very long time, and she's proved herself to be a very able litigator.
[01:34:37.000 --> 01:34:50.000]  And she seems to have researched this very carefully, and Deborah brought up an issue that had concerned me, and it was about compelled consent.
[01:34:50.000 --> 01:34:59.000]  And that's an issue with this arbitration that I haven't got really settled yet.
[01:34:59.000 --> 01:35:10.000]  I hope it doesn't sound like I'm promoting this procedure. I don't know. I haven't seen it go through to fruition.
[01:35:10.000 --> 01:35:26.000]  Shane, you probably know more about this because you went through the procedure. How did you invoke arbitration?
[01:35:26.000 --> 01:35:30.000]  Are you there, Shane?
[01:35:30.000 --> 01:35:34.000]  Well, it looks like we put Shane to sleep.
[01:35:34.000 --> 01:35:36.000]  Is he muted?
[01:35:36.000 --> 01:35:47.000]  No. He's unmuted. We just must have lost him. Both John and Shane are in New York, so maybe New York's having an issue.
[01:35:47.000 --> 01:35:49.000]  It's a Yankee problem.
[01:35:49.000 --> 01:35:57.000]  Yeah, those darn Yankees. John, are you there?
[01:35:57.000 --> 01:36:00.000]  Okay, neither one of them are there. Okay.
[01:36:00.000 --> 01:36:06.000]  So we don't have any more callers, and, okay, Shane just dropped off. Maybe I'll call back in.
[01:36:06.000 --> 01:36:15.000]  But we started out the show today talking about some issues, and you had something that you wanted to finish up on.
[01:36:15.000 --> 01:36:19.000]  I remember precisely what it was.
[01:36:19.000 --> 01:36:22.000]  I did.
[01:36:22.000 --> 01:36:28.000]  Shane is back. Okay, Shane, are you there?
[01:36:28.000 --> 01:36:30.000]  Randy, can you hear me?
[01:36:30.000 --> 01:36:32.000]  Now I can hear you, yes.
[01:36:32.000 --> 01:36:37.000]  Okay, I don't know what happened. I was talking to you, but I wanted to get into it.
[01:36:37.000 --> 01:36:47.000]  I think about, okay, Deborah brought up an issue about this, and it was a concern that I had when I first heard about it.
[01:36:47.000 --> 01:36:56.000]  Been dealing with Leslie for a long time, and she's demonstrated herself to be a very able litigator and a very good researcher.
[01:36:56.000 --> 01:36:59.000]  He might have heard all that part. Maybe we just couldn't hear him.
[01:36:59.000 --> 01:37:04.000]  Okay, I'm just making sure. So we're reframing my question.
[01:37:04.000 --> 01:37:08.000]  The question we had was about compelled consent.
[01:37:08.000 --> 01:37:16.000]  It appears as though we're asking, you know, this is like some things they do with the UCC.
[01:37:16.000 --> 01:37:28.000]  If you don't respond, then you accede to my claim, and that's not the way things really work, and that's what it sounds like going on here with arbitration.
[01:37:28.000 --> 01:37:34.000]  Shane, how did you invoke the arbitration?
[01:37:34.000 --> 01:37:36.000]  I sent everything. Can you hear me, Randy?
[01:37:36.000 --> 01:37:38.000]  Yes.
[01:37:38.000 --> 01:37:42.000]  Okay, I sent everything certified mail through Notary.
[01:37:42.000 --> 01:37:45.000]  No, no, no, no, no. That's not the question.
[01:37:45.000 --> 01:37:51.000]  What was in everything that invoked arbitration?
[01:37:51.000 --> 01:37:58.000]  The very first notice, I don't have the documents in front of me. I'm just talking to the other phone here.
[01:37:58.000 --> 01:38:10.000]  But we basically sent a contract out to them by certified mail to the lender, or the election lender, I should say, which in my instant case is actually the servicer.
[01:38:10.000 --> 01:38:13.000]  That's changed about four times in the last five years.
[01:38:13.000 --> 01:38:24.000]  Okay, hold on. How does the contract you sent out bind the other party if they don't agree to the contract?
[01:38:24.000 --> 01:38:35.000]  Well, the cliff notes is that they've remained completely silent, and then the document itself.
[01:38:35.000 --> 01:38:51.000]  Okay, if you send me an offer to contract, and you tell me that if you don't deny this offer to contract, then I will presume that you agree with this offer to contract.
[01:38:51.000 --> 01:38:53.000]  Correct.
[01:38:53.000 --> 01:38:56.000]  You can wipe your behind with that.
[01:38:56.000 --> 01:39:07.000]  Just because you make that claim, it places no duty on me. What duty does the bank have to respond?
[01:39:07.000 --> 01:39:15.000]  Well, that's where Mrs. Leslie comes in. The document is a fairly lengthy document.
[01:39:15.000 --> 01:39:21.000]  I know we don't have time to read the whole thing on the show, but there's a lot of really good meat in there.
[01:39:21.000 --> 01:39:27.000]  And arbitration is mentioned in the contract.
[01:39:27.000 --> 01:39:33.000]  Okay, that was the question Debra had, and that was the original question I had.
[01:39:33.000 --> 01:39:36.000]  I can send it here.
[01:39:36.000 --> 01:39:39.000]  Absolutely.
[01:39:39.000 --> 01:39:41.000]  Yeah, I can send it here.
[01:39:41.000 --> 01:39:51.000]  I'll let you know that once the arbitration award has been issued, if it's tomorrow or next week, I believe you have to wait 91 days for it to age.
[01:39:51.000 --> 01:39:54.000]  Okay, hey, Randy, I'm coming on the air here.
[01:39:54.000 --> 01:40:02.000]  Listen, I have some comments and issues about this because I've been involved in a Title IX case myself.
[01:40:02.000 --> 01:40:15.000]  And the thing is, what Randy is talking about just now, we have this concern that it's not that this procedure is incorrect as far as the nuts and bolts,
[01:40:15.000 --> 01:40:24.000]  as far as walking down the code through Title IX and how you filed the documents and waiting 90 days and all this sort of thing.
[01:40:24.000 --> 01:40:30.000]  I'm sure that that entire procedure is probably 100% accurate.
[01:40:30.000 --> 01:40:49.000]  The questions that we have concerns, what is the legal obligation of the lender to, how does this request for arbitration, we just don't see how that's binding if they remain silent.
[01:40:49.000 --> 01:40:59.000]  I mean, just like Randy said, if I just randomly send some contract to somebody or some demand letter saying, well, you owe me $10 million.
[01:40:59.000 --> 01:41:10.000]  And if you don't respond to me within 30 days denying my claim or rebuking, rebutting my claim, well, that means it's valid and you owe me the money.
[01:41:10.000 --> 01:41:12.000]  That does not fly.
[01:41:12.000 --> 01:41:15.000]  Okay, that's called compelled consent.
[01:41:15.000 --> 01:41:25.000]  You cannot compel someone to consent and agree to your contract or demand unless they object.
[01:41:25.000 --> 01:41:29.000]  So they have to proactively agree to it.
[01:41:29.000 --> 01:41:31.000]  There's no such thing as agreement by silence.
[01:41:31.000 --> 01:41:33.000]  And if you don't object, well, that means you agree.
[01:41:33.000 --> 01:41:36.000]  That will never fly in any court.
[01:41:36.000 --> 01:41:38.000]  It's called compelled consent.
[01:41:38.000 --> 01:41:49.000]  And the only way that that could ever, ever be valid is if in the original contract, both parties agreed to such a thing.
[01:41:49.000 --> 01:41:54.000]  Like say, for example, when you get a credit card, most of the time in the fine print, it will say,
[01:41:54.000 --> 01:42:03.000]  we reserve, the lender will say, we reserve the right to change the terms of this contract, change your interest rate, whatever.
[01:42:03.000 --> 01:42:09.000]  And we will send you notice when we decide to make changes to this credit card agreement.
[01:42:09.000 --> 01:42:19.000]  And if you don't respond objecting to the changes we want to make within 30 days of the notice that we will send you at some point in the future,
[01:42:19.000 --> 01:42:26.000]  then you agree right now that your silence in the future will be construed as an agreement.
[01:42:26.000 --> 01:42:29.000]  Okay, so that's part of the original contract.
[01:42:29.000 --> 01:42:36.000]  And so then when people get these credit card notices saying they're going to change the terms, they usually ignore them, throw them in the trash, they think it's spam.
[01:42:36.000 --> 01:42:40.000]  And then the terms get changed and then they cry in justice.
[01:42:40.000 --> 01:42:43.000]  Oh, they change the terms of my agreement.
[01:42:43.000 --> 01:42:51.000]  Oh, how can it be that if I don't pay attention, how can it be that if I don't object, then that means my silence is agreement.
[01:42:51.000 --> 01:43:01.000]  Well, the reason your silence is agreement in that particular situation is because you agreed from the get-go that if the other side wanted to change the contract
[01:43:01.000 --> 01:43:05.000]  and you said nothing about it when they gave you notice that that means you agree.
[01:43:05.000 --> 01:43:12.000]  Now, in this case, I don't understand how this can be valid, but hey, prove me wrong.
[01:43:12.000 --> 01:43:17.000]  Okay, but what my understanding is when she sends this qualified written request,
[01:43:17.000 --> 01:43:28.000]  she tax on this additional contract in the qualified written request and part of it has to do with this demand for binding arbitration.
[01:43:28.000 --> 01:43:37.000]  And in that, she says, well, and if you don't respond and if you don't rebuke or rebut or object, then that means you agree.
[01:43:37.000 --> 01:43:42.000]  Okay, the bank has a duty to respond to the actual qualified written request.
[01:43:42.000 --> 01:43:48.000]  I agree with that, but I don't see where the bank has a legal obligation to respond to anything else.
[01:43:48.000 --> 01:43:53.000]  All right, unless it's in the original contract, I want to see it.
[01:43:53.000 --> 01:43:57.000]  All right, that's my take on it, so I want to see how all this plays out.
[01:43:57.000 --> 01:44:00.000]  We're going to break.
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[01:46:28.000 --> 01:46:50.000]  Thank you.
[01:46:50.000 --> 01:47:03.000]  This has been something that's a concern for me.
[01:47:03.000 --> 01:47:12.000]  I just had a conversation with Leslie and someone in Dallas, Deborah, who are both filing for a final judgment.
[01:47:12.000 --> 01:47:21.000]  They've already got the judgment through the arbitrator, and now they're filing for a confirmation through the federal court.
[01:47:21.000 --> 01:47:32.000]  They're claiming that this is perfunctory, that the court is required once they reach this point to finalize the judgment.
[01:47:32.000 --> 01:47:51.000]  But I'm still concerned that if the original supposed agreement or contract was not proper, then there will be no subject matter jurisdiction here.
[01:47:51.000 --> 01:48:04.000]  So we can't get to any kind of actual judgments because they never had jurisdiction to start with. It's kind of like if they issued a lawsuit and never served me.
[01:48:04.000 --> 01:48:11.000]  And they go through each process and they get all their default claims, and they get a final judgment.
[01:48:11.000 --> 01:48:21.000]  Well, I can come back later and say, well, I wasn't properly served. I didn't have knowledge of this. I didn't have opportunity to rebut.
[01:48:21.000 --> 01:48:37.000]  Or the original contract did not invoke a duty on my part to respond, and therefore the claimants in this case can't invoke the subject matter jurisdiction at the court.
[01:48:37.000 --> 01:48:43.000]  Okay, okay, I'm back. Yeah, I was getting a signal. I just didn't see, there was just a technical thing over here.
[01:48:43.000 --> 01:48:58.000]  Yeah, Randy, that's exactly my point right there. That's exactly my point is that there's no invoking of the subject matter jurisdiction of the court if there never was an original contract or there was something wrong with the original contract.
[01:48:58.000 --> 01:49:15.000]  So in other words, like in some of these FM micro FM cases, it's like there's no need for the defendant to raise issues such as my signal didn't cross state lines or my signals not point to point or whatever.
[01:49:15.000 --> 01:49:23.000]  You don't even say things like that. What you say is, I never had an agreement with you. Who are you?
[01:49:23.000 --> 01:49:35.000]  You can't compel me into consent to be regulated by you when I never applied for a license, had any kind of any dealings with you whatsoever, things like this.
[01:49:35.000 --> 01:49:50.000]  And so just because the FCC would send a micro FM person a letter saying, oh, it appears that you violated the code, it appears that you are in violation of the regulatory scheme for radio.
[01:49:50.000 --> 01:50:03.000]  If you don't respond within 10 days, then you have agreed that you are in violation and be aware that you're going to get fined or you're going to get this or you're going to get that.
[01:50:03.000 --> 01:50:13.000]  Well, you know what? People don't have to respond within 10 days. They don't even have to respond with an objection within 10 days.
[01:50:13.000 --> 01:50:19.000]  They can throw it in the trash because they never had an agreement in the first place.
[01:50:19.000 --> 01:50:31.000]  Those kind of letters, things that are like, if you don't respond to my claims within such and such period of time, then your silence construes agreement.
[01:50:31.000 --> 01:50:53.000]  Okay, those kinds of tactics only work if there was in the original agreement, the original contract, some kind of clause that says that either party or one particular party can change the terms of the contract or add a new term and give notice to the other party.
[01:50:53.000 --> 01:50:59.000]  And if the other party doesn't respond, their silence is consent. That only works if that was agreed upon in the beginning.
[01:50:59.000 --> 01:51:15.000]  And so, I mean, I'd like to see if this can work. But anyway, the point that I was trying to make, Randy, is just because their lawyers, you know, in a certain case like this, don't appear to be making the right kinds of arguments right off the bat.
[01:51:15.000 --> 01:51:26.000]  Well, they may not need to. I mean, it's like if there's no contract there, there's no contract. And maybe they just, we will see how it all plays out.
[01:51:26.000 --> 01:51:39.000]  We will see how it all plays out. But I'd like to see because honestly, if, I mean, there may be some fine print in the mortgage that would give ground for something like this.
[01:51:39.000 --> 01:51:43.000]  I don't know. I mean, I don't have a mortgage.
[01:51:43.000 --> 01:51:53.000]  I haven't seen it in a mortgage. I've read both the mortgage and the deeds of the standard deeds of trust. I've never seen an arbitration clause in those.
[01:51:53.000 --> 01:52:05.000]  But I have personally been involved in a Title IX case. Okay. This happens with debt collector and credit card suits frequently, like with the Mike Mirris method and such.
[01:52:05.000 --> 01:52:22.000]  And this used to be a standard technique. They kind of got busted many years ago by the attorney general of Minnesota, but there would be in the clause of the credit card agreement that the consumer agrees to finding arbitration by such and such company.
[01:52:22.000 --> 01:52:36.000]  Well, what was going on or a list of such and such companies? And what was going on is that the companies in that list were, they were on the payroll, okay?
[01:52:36.000 --> 01:52:48.000]  They were getting paid under the table, bribed, if you will, by the credit card companies, the arbitration companies, to always rule in the credit card companies' favor.
[01:52:48.000 --> 01:52:59.000]  And so the consumer agrees to this binding arbitration by this certain list of credit card, of arbitration companies, and they were all corrupt on the payroll of the credit card companies.
[01:52:59.000 --> 01:53:14.000]  So they got busted by the attorney general of Minnesota. And so what ended up happening is that all of these credit card contracts, see, basically the attorney general of Minnesota took down all the arbitration companies.
[01:53:14.000 --> 01:53:20.000]  I don't think they took down the credit card companies, but they took down the attorney general took down the arbitration companies.
[01:53:20.000 --> 01:53:32.000]  Well, then what would end up happening later on down the line for years is when consumers would file consumer protection lawsuits under the DCPA and FCRA against the credit card companies,
[01:53:32.000 --> 01:53:44.000]  then the credit card companies would turn around and file motions to dismiss the case claiming that the federal district court had lack of subject matter jurisdiction because the consumer had agreed to binding arbitration.
[01:53:44.000 --> 01:53:50.000]  Well, guess what? The consumer had not agreed to binding arbitration in general.
[01:53:50.000 --> 01:54:02.000]  The consumers had agreed to binding arbitration by certain specific companies. And what the code says that if those particular companies are no longer available or bankrupt or go out of business or whatever,
[01:54:02.000 --> 01:54:10.000]  then the district court has no jurisdiction under Title IX to assign or choose a different company.
[01:54:10.000 --> 01:54:26.000]  The binding arbitration clause would have to just not mention a company at all or something like that. But the bottom line is that Title IX does not grant the court subject matter jurisdiction to any to enforce any arbitration unless there is a contract in place,
[01:54:26.000 --> 01:54:39.000]  agreed to by both parties. Okay, so that's the root of the issue here. I want to see where the agreement is by the lender and then not just agreement by silence,
[01:54:39.000 --> 01:54:52.000]  unless there's some other contract prior that says that the consumer or the borrower can do such things and that if the bank doesn't object, then the bank agrees ahead of time that their silence is agreement.
[01:54:52.000 --> 01:54:59.000]  I want to see that. I want to see how it all plays out. It's very interesting. But we're at the end of our show, so Randy, any final words?
[01:54:59.000 --> 01:55:10.000]  Well, I'm just out of time. Thank you for listening.
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