[00:00.000 --> 00:07.000]  You are listening to the Logos Radio Network. LogosRadioNetwork.com
[00:30.000 --> 00:56.040]  Ok, Howdy Howdy, Randy Kelton, Brett Fountain, Ruv La Radio, and still having that irritating
[00:56.040 --> 01:04.000]  noise when my slider is coming down. Ok, this is the 3rd of February, the 3rd of February.
[01:04.000 --> 01:11.160]  We apologize for that first segment. We were having some technical issues. And apparently
[01:11.160 --> 01:18.280]  I was blown up once and blew out my left ear and I've had tinnitus in it ever since and
[01:18.280 --> 01:26.600]  it squeals real loud. And apparently it's been squealing over my microphone. Is that
[01:26.600 --> 01:31.160]  what it is? You're sharing your tinnitus with everyone? Yeah, they've got this. They're
[01:31.160 --> 01:35.320]  hearing you squealing from my side. If you folks are hearing it, I apologize for it,
[01:35.320 --> 01:48.040]  but it's probably just the squealing in my ears. Ok, Brett, you were having fun with
[01:48.040 --> 01:53.400]  the federal courts. Oh yeah, this afternoon I was writing
[01:53.400 --> 02:00.320]  a misconduct complaint. I've written millions of these for the state judges and this is
[02:00.320 --> 02:06.800]  my first one to write for somebody in the Fed. So there's a federal magistrate judge
[02:06.800 --> 02:14.640]  and I wrote up a misconduct complaint against this one. And I kept it really focused. It's
[02:14.640 --> 02:21.520]  a super, it's just laser focused on one tiny issue. Well it's a big issue, but it's a simple
[02:21.520 --> 02:33.880]  issue. This federal magistrate judge is basing her authority to be involved on consent of
[02:33.880 --> 02:42.920]  the parties. That's what she says. But there was no consent of the parties, Randy. I didn't
[02:42.920 --> 02:50.440]  consent. And the other, there are three defendants and they didn't even answer at all. Oh, you're
[02:50.440 --> 03:03.240]  raising the issue of a federal magistrate judge. Yes. I don't like anybody getting involved
[03:03.240 --> 03:12.160]  in everything and acting like they have run of a case. Harman Taylor. The code says, Harman
[03:12.160 --> 03:21.160]  Taylor took that issue on big time and lost. They just, they just refused to rule according
[03:21.160 --> 03:28.080]  to the law. Wow. Well, I guess that's what they're going to have to do with me too because
[03:28.080 --> 03:35.600]  I'm just taking it really short and simple. Here's what the code says and you can't find
[03:35.600 --> 03:38.960]  any other place to do anything else. It's exactly what it says. There's no room for
[03:38.960 --> 03:48.840]  wiggling, you know? I don't know if Harman took it to the, to Skotis or not, but it's
[03:48.840 --> 03:56.000]  an issue. That's where this one's going. So I wrote up to the, to the fifth circuit,
[03:56.000 --> 04:01.840]  you know, the court of appeals in Louisiana and they're going to have to deal with this
[04:01.840 --> 04:10.680]  and, and address the misconduct that is evidently going on with a judge who, a magistrate judge
[04:10.680 --> 04:17.280]  who says she's involved because of the consent of the parties, but the official court clerk's
[04:17.280 --> 04:24.120]  record says there is no consent of the parties. Any party. I will talk, next time I talk to,
[04:24.120 --> 04:31.360]  to Harman, I'll get his work on this issue. Oh, that'd be great. Because I know he took
[04:31.360 --> 04:42.360]  it on in Dallas. Anyway, okay, we got a whole board full of callers and we've already missed
[04:42.360 --> 04:51.360]  one segment and. Yeah. And that top one, there's a first time caller. Okay. Arthur in Idaho.
[04:51.360 --> 04:55.520]  Hello, Arthur in Idaho. What do you have for us today?
[04:55.520 --> 05:01.520]  Hey Randy, hey Brett, how you doing? I'm doing pretty good.
[05:01.520 --> 05:07.520]  Excellent. Hey, not that you could take a long time here, but I just want to call in
[05:07.520 --> 05:15.520]  to talk about Dr. Graves for how to win a court and how it really helped out my daughter
[05:15.520 --> 05:22.520]  in a case that she had for her contractors who didn't deliver on constructing something
[05:22.520 --> 05:34.520]  she had to be put on her property. Wait, go ahead. You say that again?
[05:34.520 --> 05:39.520]  Yeah. So anyway, I was just calling. I had my daughter had a situation where she was having
[05:39.520 --> 05:46.520]  some stuff constricted on her property. She had paid a contractor for it. She took the
[05:46.520 --> 05:52.520]  money from her front and never built what he was supposed to build on her property.
[05:52.520 --> 05:57.520]  And so I said, listen, there's a couple ways to handle this. I said, you just let it go.
[05:57.520 --> 06:02.520]  You know, it was around a thousand dollars. It wasn't an extremely large amount of money,
[06:02.520 --> 06:09.520]  but it's very significant. I said, or I've taken this course, Dr. Graves, how to win
[06:09.520 --> 06:14.520]  a court and we'll go through that. I said, it may take a long time. You may never get
[06:14.520 --> 06:21.520]  the money, but if we follow these steps, chances are you may never do this to someone else.
[06:21.520 --> 06:28.520]  So we used this course. It took about 18 months to go through all the steps, but at the end
[06:28.520 --> 06:33.520]  of it, he ended up paying her the money. So I was really just calling up to thank Dr. Graves
[06:33.520 --> 06:40.520]  for putting that course online and to make a testimony. Other people said it really does
[06:40.520 --> 06:47.520]  work. The steps were laid out very well and she was able to recover her money.
[06:47.520 --> 06:53.520]  Wonderful. Cool. Congratulations. I really like the way you set that up with her, too.
[06:53.520 --> 07:00.520]  You set her expectations. I love the way that you put that. You know, we can do it this
[07:00.520 --> 07:04.520]  way or we can do it that way. If we do that, it might take a long time. You may or may
[07:04.520 --> 07:12.520]  not get your money, but I bet you he won't do this to anybody else. That's great.
[07:12.520 --> 07:19.520]  And he really ran around. We were having a hard time doing service and process on him.
[07:19.520 --> 07:26.520]  So I really had to dig deep into the course to try to figure out when you can't serve
[07:26.520 --> 07:35.520]  the plaintiff, you know, you can't get him into court. You can't get your motions
[07:35.520 --> 07:42.520]  acted on. So finally, Judge got pretty disgusted with it. Instead of appearing on Zoom, he
[07:42.520 --> 07:48.520]  wanted to see him in court. We tried to serve him. He came down to a show cause hearing.
[07:48.520 --> 07:56.520]  He was evading service, a process. And finally, we went to court and through a series of
[07:56.520 --> 08:00.520]  circumstances, his wife had contacted and said he'd gone into rehab. We didn't know
[08:00.520 --> 08:08.520]  if that was true. So I said, well, so when we went to court from my daughter to talk
[08:08.520 --> 08:12.520]  to the judge, he obviously wasn't there, but I gave her a little flow chart.
[08:12.520 --> 08:18.520]  If the judge asked her question, if he asked you this, you know, respond this way. And
[08:18.520 --> 08:23.520]  so what I was trying to get to was to be able to serve him by service by publication.
[08:23.520 --> 08:27.520]  And so after you talk to the judge, explain what happened, the judge said, well, there
[08:27.520 --> 08:31.520]  are certain things you could do, but I can't give you legal advice, but there is a way
[08:31.520 --> 08:35.520]  that you could do this. And she put her finger down the flow chart. She said,
[08:35.520 --> 08:43.520]  judge, I'd like to make a motion to serve the plaintiff by service of process. And
[08:43.520 --> 08:49.520]  she said, okay, if you'll write that order up, send it to me. Oh, granted. And so we
[08:49.520 --> 08:55.520]  ended up doing it that way. And meanwhile, once that came out, the publication came
[08:55.520 --> 09:02.520]  out of the paper, all of a sudden the check he's agreed to send came in and he got
[09:02.520 --> 09:08.520]  all in before the show cause hearing. So the course is so detailed that we had to
[09:08.520 --> 09:16.520]  use every bit of the course, filing motions, filing out the David's, you know,
[09:16.520 --> 09:21.520]  do the show cause hearing, motions to compel when he didn't agree, we did a
[09:21.520 --> 09:26.520]  debtor's hearing that he showed up for in the Zoom. When he didn't make the
[09:26.520 --> 09:32.520]  payments, it didn't make any payments he agreed to, then we had to go file a motion
[09:32.520 --> 09:37.520]  to get the show cause hearing. Well, first we filed a motion to compel them to
[09:37.520 --> 09:42.520]  and that got granted. And then it came to the show cause hearing, which has all
[09:42.520 --> 09:47.520]  been going to lead to a contempt hearing where, you know, at that point the judge
[09:47.520 --> 09:52.520]  could take action to put out a warrant to make him show up. But we had to use every
[09:52.520 --> 09:57.520]  avenue of that course and like I said, it took 18 months to go through all the steps
[09:57.520 --> 10:04.520]  Dr. Graves laid out. But in the end, it worked and it taught my daughter a good
[10:04.520 --> 10:10.520]  lesson about, well, when people don't honor contracts and you can't afford
[10:10.520 --> 10:13.520]  an attorney, if we'd hired an attorney to do this, it would have cost thousands of
[10:13.520 --> 10:18.520]  dollars, much more than what she was owed. But she learned a lesson.
[10:18.520 --> 10:25.520]  There are ways to go after and recover what's owed you in a way you can do it yourself.
[10:25.520 --> 10:29.520]  Are you familiar with our telegram channel?
[10:29.520 --> 10:38.520]  Yes, I am. It's funny. After Dr. Graves' court, I tuned into that, I guess about two years ago.
[10:38.520 --> 10:46.520]  Make sure you go on that telegram channel and tell Dr. Graves what you just told us.
[10:46.520 --> 10:55.520]  Hang on, Randy Kelfman, Brett Fouton, Brutal Law Radio, go into our sponsors, we'll be right back.
[11:01.520 --> 11:05.520]  It's clear cell phones have changed the way we live and work, but have they negatively
[11:05.520 --> 11:09.520]  affected our health? I'm Dr. Katherine Albrecht and I'll be back in just a moment with
[11:09.520 --> 11:14.520]  new findings about how cell phones may actually alter our brain chemistry.
[11:14.520 --> 11:19.520]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
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[11:48.520 --> 11:52.520]  phone beaming this kind of radiation near your head has been disputed. Some have blamed
[11:52.520 --> 11:56.520]  it for brain tumors, while cell phone companies have downplayed concerns.
[11:56.520 --> 12:00.520]  Well, now the Journal of the American Medical Association is confirming that cell phones
[12:00.520 --> 12:06.520]  affect brain chemistry. A study of 47 volunteers showed that glucose metabolism in the area
[12:06.520 --> 12:11.520]  of the brain closest to the cell phone antenna increases when the cell phone is on. While
[12:11.520 --> 12:15.520]  researchers aren't sure whether this exposure causes damage, I'm not taking any chances.
[12:15.520 --> 12:19.520]  I always keep the phone far from my body, and I use a corded headset.
[12:19.520 --> 12:45.520]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[12:45.520 --> 12:56.520] 灵
[12:56.520 --> 13:01.520]  Why It's Sin
[13:01.520 --> 13:05.520]  Are you looking to have a closer relationship with God and a better understanding of His
[13:05.520 --> 13:08.680]  word? Then tune in to LogosRadio Network.com on
[13:08.680 --> 13:13.800]  Wednesdays from 8 to 10 p.m. Central Time for Scripture Talk, where Nana and her guests
[13:13.800 --> 13:19.460]  discuss the Scriptures in accord with 2 Timothy 2.15, study to show that I self-approved
[13:19.460 --> 13:25.080]  unto God, a workman that needed not to be ashamed, rightly dividing the word of truth.
[13:25.080 --> 13:29.080]  Starting in January, our first-hour studies are in the book of Mark, where we'll go verse
[13:29.080 --> 13:34.440]  by verse and discuss the true gospel message. Our second-hour topical studies will vary
[13:34.440 --> 13:39.600]  each week with discussions on sound doctrine and Christian character development. We wish
[13:39.600 --> 13:44.520]  to reflect God's light and be a blessing to all those with a hearing ear. Our goal is
[13:44.520 --> 13:49.280]  to strengthen our faith and to transform ourselves more into the likeness of our Lord and Savior
[13:49.280 --> 13:55.320]  Jesus. So tune into Scripture Talk live on LocalsRadioNetwork.com Wednesdays from 8 to
[13:55.320 --> 14:02.320]  10 p.m. to inspire and motivate your studies of the Scriptures.
[14:55.320 --> 15:12.600]  Okay, we are back. Randy Kelton, Brett Fountain, Rural Law Radio. We're talking to Arthur
[15:12.600 --> 15:19.800]  in Idaho. Arthur, was there anything else you had for us today?
[15:19.800 --> 15:23.160]  You know, that was it. I ran you on up. You guys probably have a lot of color lined up,
[15:23.160 --> 15:27.800]  but I wanted to thank you and Brett for all the work you do. It's just entertaining, listening
[15:27.800 --> 15:33.800]  to you guys. It's kind of like a master's class and learning about municipal, state,
[15:33.800 --> 15:38.560]  and federal law and the great things we get to learn from all your mistakes and the things
[15:38.560 --> 15:39.560]  that we learn.
[15:39.560 --> 15:40.560]  What?
[15:40.560 --> 15:41.560]  Mistakes!
[15:41.560 --> 15:48.280]  And I know periodically you have to take the phone and hit yourself about those things
[15:48.280 --> 15:53.320]  in the neck, but I want to thank you for your service that you did overseas. But thank you
[15:53.320 --> 15:58.800]  so much, guys, for I know how hard it is to put on a show like this and get the information
[15:58.800 --> 16:03.720]  out there, but it really is helping a lot of people. And a lot of the things I thought
[16:03.720 --> 16:09.560]  about as I was going through this case are things that I had heard on your show because
[16:09.560 --> 16:16.200]  I listened quite frequently to the rebroadcast. A lot of tid bits and little things that you
[16:16.200 --> 16:20.840]  wouldn't find in Dr. Gray's course. I mean, it was all the information there, but there
[16:20.840 --> 16:25.280]  were some things on procedural issues and stuff that I heard you guys talk about, which
[16:25.280 --> 16:30.960]  really helped out putting together all these motions and service process and all these
[16:30.960 --> 16:31.960]  other things.
[16:31.960 --> 16:36.680]  So I want to thank you guys for all the information you put out there for free and the benefit
[16:36.680 --> 16:37.680]  it gives to everybody.
[16:37.680 --> 16:43.880]  Good. We appreciate that. Oh, for free, you forgot about Randy's beer fund.
[16:43.880 --> 16:50.560]  No, I didn't send him any beer. I'm a pleasure to work after it. Brett, did I send it right?
[16:50.560 --> 16:52.120]  Right after it?
[16:52.120 --> 16:56.040]  You really can't expect me to do these shows sober.
[16:56.040 --> 17:02.080]  Yes. But yeah, I think that...
[17:02.080 --> 17:11.560]  I have found out that teetotalers don't live longer. It only seems longer.
[17:11.560 --> 17:16.840]  Yeah. Well, the alcohol acts as an antifreeze, so you're living in a really cold climate.
[17:16.840 --> 17:18.440]  It really helps you in that one too.
[17:18.440 --> 17:24.160]  Yeah, that's it. That's a good... It wasn't as good a rationalization as any. I had to
[17:24.160 --> 17:27.600]  give up on that stuff. I guess I'm getting too old for it.
[17:27.600 --> 17:29.680]  There you go.
[17:29.680 --> 17:32.360]  Okay. Thank you, Arthur.
[17:32.360 --> 17:36.080]  All right. Thank you, Brett.
[17:36.080 --> 17:41.960]  Now we're going to go to Ted in California. Hello, Ted. What do you have for us today?
[17:41.960 --> 17:51.800]  Good evening, Dr. Kelton and Brett. What I have for you today, I guess, is a continuance
[17:51.800 --> 17:57.760]  of last night's stuff. But hear me out, Randy.
[17:57.760 --> 18:02.960]  Well, wait a minute. Before you get into that, there's a question I wanted to ask. You called
[18:02.960 --> 18:10.040]  me once, and you were going into a foreclosure issue with someone. I never heard what happened
[18:10.040 --> 18:11.040]  with that.
[18:11.040 --> 18:16.880]  Actually, it was an eviction, and I'm looking for that North Carolina or South Carolina
[18:16.880 --> 18:26.520]  ruling, I believe, by the U.S. Supreme Court that says, even if a removal was improper,
[18:26.520 --> 18:34.800]  that anything done during the removal is void. That's what I called you about.
[18:34.800 --> 18:40.360]  Yes, and I forgot about that to look and see if I could look at it. I do have a removal
[18:40.360 --> 18:47.480]  folder. Send me an email and ask for it. I'll go in and just send you that whole folder.
[18:47.480 --> 18:54.240]  But I do specifically, I don't remember the name of the case, but Black Guide North Carolina
[18:54.240 --> 19:00.920]  White Bar gets in a fight, knocks the guy down, bangs his head, kills him. They prosecute
[19:00.920 --> 19:09.960]  the Black Guide. Halfway through the case, he files a removal. The federal court gets
[19:09.960 --> 19:17.240]  it, and three days later, they send it back, say there's absolutely no grounds for removal.
[19:17.240 --> 19:21.560]  Well, when he filed the removal, they had already picked the jury, and the judge said,
[19:21.560 --> 19:26.880]  we're just going to proceed. So they proceeded, and they convicted him. And the federal court
[19:26.880 --> 19:37.480]  came back and said, no. When the removal was filed, you do not file a motion for removal.
[19:37.480 --> 19:47.000]  You actually remove the case. When you file the action, the case is removed. And even
[19:47.000 --> 19:54.880]  if there's zero grounds, it's removed. The trial court has lost jurisdiction right there.
[19:54.880 --> 20:00.400]  And if they proceed, they proceeded without jurisdiction. They had to go back and retry
[20:00.400 --> 20:05.320]  the guy. It may be in that...
[20:05.320 --> 20:10.560]  Judges that treat it like it's a motion, and you do the removal, and they go in there and
[20:10.560 --> 20:21.960]  they say denied. Mr. Bayliff. Mr. Bayliff, arrest that judge, or call the federal marshals
[20:21.960 --> 20:25.440]  and ask them to come down and arrest him, or the FBI.
[20:25.440 --> 20:27.800]  That'd be fun.
[20:27.800 --> 20:32.440]  Right there in the courtroom. Oh, it's great fun to ask the bailiff to arrest the judge
[20:32.440 --> 20:42.680]  that always gets their attention. I just recently did it my eighth time. And every time the judge
[20:42.680 --> 20:53.320]  sits there and keeps his mouth shut. But it is federal, and he is... Once you have removed,
[20:53.320 --> 21:02.520]  he's impersonating a federal officer. And I would certainly charge him with it in a minute.
[21:02.520 --> 21:06.000]  You make up a criminal complaint against him and send it to the special agent in charge
[21:06.000 --> 21:13.400]  of the local FBI, because that's the only guy's name who you can get. And then when
[21:13.400 --> 21:17.520]  you don't get your cover letter back, you send the postal inspectors in there to harass
[21:17.520 --> 21:24.160]  him, and force him to swear on a stack of bibles. He got it. And then you file against
[21:24.160 --> 21:35.000]  him with the federal grand jury by way of U.S. attorney. Address it to the federal grand
[21:35.000 --> 21:41.720]  jury at the U.S. attorney's office. And you can put a cover letter on that one asking
[21:41.720 --> 21:49.000]  the foreman to sign it to... Initially, don't sign it, because the U.S. attorney has a rubber
[21:49.000 --> 21:54.520]  stamp with your name on it. We want to make sure he doesn't rubber stamp these complaints
[21:54.520 --> 22:01.280]  that send them back to us. Well, there's no way the foreman's going to get that. So when
[22:01.280 --> 22:06.240]  you don't get that letter back, then you send a second filing against the U.S. attorney.
[22:06.240 --> 22:12.480]  Now you've got everybody down at the courthouse really pealed at the one who started all this.
[22:12.480 --> 22:16.880]  Okay, go ahead. I interrupted you, Ted.
[22:16.880 --> 22:27.040]  That's okay. So the caveat here is, undenowned to me, and I'm not saying that it matters,
[22:27.040 --> 22:36.200]  this case had been going on for a while, and previously my friend had a lawyer, and previously
[22:36.200 --> 22:44.560]  I don't know, a year ago, the lawyer my friend had removed the case to federal court. The
[22:44.560 --> 22:54.000]  case was obviously remanded, okay? And so the removal that I'm talking about would
[22:54.000 --> 23:02.840]  be a second removal of the case to federal court. And ultimately what happened in this
[23:02.840 --> 23:12.880]  disaster is the lawyer on the other side came in the front, the court via ex parte motion,
[23:12.880 --> 23:20.080]  and look, I could get into all kinds of details, and details do matter, but just for this show,
[23:20.080 --> 23:27.520]  I need people to understand. You always have to understand procedure. You always have to
[23:27.520 --> 23:34.960]  understand the rules of court. And the most important thing when you start a case is you
[23:34.960 --> 23:42.240]  get yourself a notebook, and you are going to be jotting down what happens every day
[23:42.240 --> 23:47.920]  because you are going to need a timeline. And Randy, I'm saying these things right now
[23:47.920 --> 23:56.240]  because I kind of would like to petition your show to get back to basics because we are
[23:56.240 --> 24:07.000]  at the start of the year. And for people to understand what all, why the previous caller
[24:07.000 --> 24:12.880]  was talking about learning the law and all that. And I don't think that's totally accurate
[24:12.880 --> 24:19.760]  as he said that you guys, you know, put out this experience out here for everybody to
[24:19.760 --> 24:27.560]  hear because yes, what I just discussed, procedure, rules of court, all that. Yes, you have to
[24:27.560 --> 24:36.000]  learn this stuff. But what I believe we are trying to do is hold these judges and public
[24:36.000 --> 24:44.600]  officials accountable. Yes, we are. Hang on. Go into our sponsors. Randy Kelton, Wett
[24:44.600 --> 24:51.120]  Fouton, Roodlebar Radio. Okay, I'm not going to give the caller a number. We've got a
[24:51.120 --> 25:00.120]  full board of callers. Hang on. We'll be right back.
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[26:16.880 --> 26:21.880]  your lawyer should be doing. If you don't have a lawyer, know what you should do for
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[26:28.400 --> 26:34.440]  was created by a licensed attorney with 22 years of case winning experience. Even if
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[26:39.480 --> 26:45.440]  and practices that control our American courts. You'll receive our audio classroom, video
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[27:22.600 --> 27:48.600]  Okay, we are back. Randy Carlson, Brett Fountain, rule of law radio, and we're talking
[27:48.600 --> 27:57.400]  to Ted in California. Okay, Ted, I was talking to Brett on the break. If the case has been
[27:57.400 --> 28:07.080]  removed once and remanded back, whoever removes it the next time needs to be very, very careful.
[28:07.080 --> 28:14.560]  And if I understand things right, the only one who can remove it is the defendant because
[28:14.560 --> 28:23.400]  the plaintiff chose their venue. They chose their court. If they file in the state court,
[28:23.400 --> 28:32.200]  then they can't bring in a federal issue because they chose the venue. Only the defendant can.
[28:32.200 --> 28:41.000]  So is that what happened, Ted? No, the defendant did the first removal. The defendant did the
[28:41.000 --> 28:52.440]  second removal. What happened is, on Friday, we go to court and just to give notice that
[28:52.440 --> 29:04.840]  the case is removed, and we were there because the plaintiff had put an X-part A on calendar
[29:04.840 --> 29:17.840]  for a judgment. And this would be, actually, you also need to know that a prior stipulated
[29:17.840 --> 29:28.040]  agreement of the entire case was agreed to. My friend did not sign the agreement. His
[29:28.040 --> 29:37.680]  lawyer did. I'm still trying to figure out. I haven't seen it yet, but irregardless, that's
[29:37.680 --> 29:44.560]  important from the fact that anytime you sign, and this is for the people that should call
[29:44.560 --> 29:54.240]  it, not for you guys, or Brett, when you get sued and you decide to resolve the case
[29:54.240 --> 30:04.480]  by stipulated agreement, you better know this. You don't comply with all the things that
[30:04.480 --> 30:10.080]  you agree to in that stipulated agreement. The little fine print that goes on in that
[30:10.080 --> 30:14.920]  includes that they don't have to come back to court for any more litigation of this.
[30:14.920 --> 30:22.600]  They're only going to come back for a judgment from the judge, and it's a slam dunk for them.
[30:22.600 --> 30:29.800]  Okay, so if you enter into a stipulated agreement, you better understand that. So I didn't know
[30:29.800 --> 30:37.000]  about that either, and especially some of the silver bullets they put in there for themselves.
[30:37.000 --> 30:43.440]  But here's where we're at. The case was removed to federal court. He did not leave the property
[30:43.440 --> 30:52.120]  by the date he stipulated to, but he had also, instead of giving them just two weeks rent
[30:52.120 --> 30:59.400]  for January, he sent them a check for the entire month of January. And other side issues
[30:59.400 --> 31:07.160]  are that they're down there, his rent's 3,000 a month, and they come out, and also while
[31:07.160 --> 31:14.000]  this is going on, tell them, we'll let you stay months a month if you'll pay us 10,000
[31:14.000 --> 31:19.160]  a month. So all kinds of other nonsense going on. And you know we have these big storms
[31:19.160 --> 31:25.880]  out here that I would call an act of God, unforeseeable. The whole month from the last
[31:25.880 --> 31:30.600]  two weeks of December, the first two weeks of January, you really couldn't move here
[31:30.600 --> 31:37.360]  in the Bay Area, you couldn't do nothing. So again, it comes down to this is a second
[31:37.360 --> 31:42.680]  removal to federal court. And so what the lawyer does, the plaintiff's lawyer comes
[31:42.680 --> 31:47.600]  in, does an ex parte, he's in there, he's got the stipulated agreement, now he wants
[31:47.600 --> 31:53.120]  a judgment from the judge. And we say, hold on partner, this case is removed to federal
[31:53.120 --> 32:02.800]  court. He's stammering around. And remember he conned the judge into signing an order
[32:02.800 --> 32:08.040]  because the judge decided he didn't want to do nothing on Friday. But he conned the judge,
[32:08.040 --> 32:15.040]  the plaintiff's lawyer, conned the judge into signing an order that he, the lawyer, scribbled
[32:15.040 --> 32:25.640]  out on a piece of paper ordering the defendant to appear the following Wednesday. Now I would
[32:25.640 --> 32:30.520]  have followed through with the, on the removal in the federal court with a cross complaint
[32:30.520 --> 32:36.400]  and I would have named the lawyer. And when the judge, when I found out the judge had
[32:36.400 --> 32:43.400]  signed this order ordering me back into state court, I would have added the judge. That's
[32:43.400 --> 32:54.000]  what I would have done. So we then go in on Wednesday and I expect that the judge would
[32:54.000 --> 33:02.240]  say, I don't have jurisdiction. But the lawyer, again ex parte without, dropped the papers
[33:02.240 --> 33:09.240]  in our lap right there in the court. And he had 10 pages of argument that upon a second
[33:09.240 --> 33:17.000]  removal, it's focused and that the state court does not lose jurisdiction. And I didn't
[33:17.000 --> 33:21.880]  read through all of it. I'm sure I, I'm going to see if you've cited some cases in there.
[33:21.880 --> 33:29.920]  So that's his argument that won over the judge on that Wednesday is that a second removal
[33:29.920 --> 33:39.000]  improper and the court, the state court doesn't lose jurisdiction. I don't buy it, but I've
[33:39.000 --> 33:45.960]  seen many things convoluted, especially in California law. And it's something that I'll
[33:45.960 --> 33:50.400]  continue to look at. Okay, that's not going to be California law. That's going to be
[33:50.400 --> 33:57.280]  federal law. Well, this is in the state though. The state court doesn't matter. Removal is
[33:57.280 --> 34:06.280]  a federal action. And the feds, the state can't say you can't remove twice. Only the
[34:06.280 --> 34:12.600]  fed can say that. And the state can't decide if it's bogus or not. Only the, only the
[34:12.600 --> 34:18.480]  federal court, because that's where the court, that's where the, the case is at right now.
[34:18.480 --> 34:24.640]  And it's before the federal court. And so, and it's for the federal court. And, and besides
[34:24.640 --> 34:30.320]  on the Friday, the lawyer was telling the judge, give me a hearing for next Wednesday
[34:30.320 --> 34:35.680]  because I'll have that thing remanded right back down here. Well, he's never filed the
[34:35.680 --> 34:45.400]  first paper. He's never filed nothing into the federal case. So it's not, I don't have
[34:45.400 --> 34:49.920]  a dog in the fight other than this is a friend. I'm trying to help him out.
[34:49.920 --> 34:54.440]  This way you have to look at the federal rules. What do the federal rules say about a second
[34:54.440 --> 34:55.440]  removal?
[34:55.440 --> 35:01.640]  We'll have, I will have to look into that. But I'll tell you right now, my belief that
[35:01.640 --> 35:06.720]  the federal court has the jurisdiction over this case right now. That's my position. And
[35:06.720 --> 35:13.320]  what everything, everything that's being done in the state is void. And I told you, I wrote
[35:13.320 --> 35:14.320]  a really nice book.
[35:14.320 --> 35:18.640]  Well, or like Randy said a minute ago, it's impersonating a federal officer.
[35:18.640 --> 35:26.520]  Well, I'm concerned here. Second removal. If there's a federal rule that says you cannot
[35:26.520 --> 35:36.520]  remove a second time, then it's not removed. You got to make sure that rule is not there.
[35:36.520 --> 35:43.000]  Well, I am going to look at that. But if that is the case, then why didn't the lawyer just
[35:43.000 --> 35:47.760]  run over there right after court on Friday and hand write a motion into the fed court
[35:47.760 --> 35:50.400]  to remand it immediately?
[35:50.400 --> 35:59.400]  Well, he may be saying that the rules say that there can't be a second removal.
[35:59.400 --> 36:04.160]  I don't think it says that, Randy, because as the case goes on, somebody can violate
[36:04.160 --> 36:18.080]  your civil rights and a new cause and federal question to be raised during the state litigation.
[36:18.080 --> 36:26.080]  I'm looking on, I'm doing a search for second removal. I'm not getting any hits.
[36:26.080 --> 36:29.080]  Well, I'm going to go over it.
[36:29.080 --> 36:35.840]  Okay. I'm saying in thinking if there was a rule preventing a second removal, I would
[36:35.840 --> 36:41.880]  have likely got a hit on it. If at first you don't succeed, POSP begs for a second
[36:41.880 --> 36:50.000]  removal. Here we go. My internet is extremely slow today. Removals are governed by two different
[36:50.000 --> 36:57.520]  30-day windows depending on the time the action becomes removable. When an action is in, just
[36:57.520 --> 37:03.720]  change pages. Anyway, I'll go through this while you're talking.
[37:03.720 --> 37:12.640]  Let me read the letter that I wrote for my friend to give to the judge. This was between
[37:12.640 --> 37:19.720]  our Friday hearing in state court and before we went back on Wednesday. Dear Commissioner
[37:19.720 --> 37:25.760]  Johnson, on January 20, I appeared in your court, Department 4, and informed on the record
[37:25.760 --> 37:26.760]  that case.
[37:26.760 --> 37:31.760]  Okay, hold on, hold on, hold on, hold on. Courts across the country have consistently
[37:31.760 --> 37:40.520]  held that Section 1446B permits a party to file a second notice of removal after an unacceptable
[37:40.520 --> 37:47.400]  attempt at removal. The mere fact that a case was previously remanded is not dispositive
[37:47.400 --> 37:53.360]  and does not, by itself, preclude a defendant from filing a second removal. The only effect
[37:53.360 --> 38:01.960]  of adopting an absolute one-bite rule would be to encourage plaintiffs to be coy, Benson,
[38:01.960 --> 38:07.960]  V, as I handle it. So, the lawyer's full of crap. Ola.
[38:07.960 --> 38:14.360]  I know he is, but now you've found what's important.
[38:14.360 --> 38:15.360]  Yeah.
[38:15.360 --> 38:16.360]  You're good.
[38:16.360 --> 38:21.880]  Send that to me. Send that to me. And if you don't send it to me, take your phone and
[38:21.880 --> 38:23.840]  start beating yourself around the head.
[38:23.840 --> 38:32.560]  Just go, just do a search for a second, federal court second removal. It was the top hit,
[38:32.560 --> 38:34.120]  the American Bar Association.
[38:34.120 --> 38:38.680]  See, I knew they're all BS and it's now let me read the letter and I'll tell you why they're
[38:38.680 --> 38:46.280]  doing this. Because I got the judge, and he's not a judge. He's a commissioner, which I
[38:46.280 --> 38:49.560]  would have never agreed to a commissioner hearing this stuff.
[38:49.560 --> 38:57.280]  But anyway, after Wednesday, we got the music coming in. But, hey, you know, Randy, it's
[38:57.280 --> 39:07.040]  a good thing that it's Thursday, right? Anyway, it is Friday, February.
[39:07.040 --> 39:13.240]  I asked Brett earlier, I was having my problems. I said, Brett, can you hear me? And he said,
[39:13.240 --> 39:21.760]  I said, that was confusing. Hang on. It is. Let me do a five, four, five, four, five.
[39:21.760 --> 39:27.320]  You gotta stop talking, man. I'm gonna mute you. When the music starts, you gotta stop
[39:27.320 --> 39:28.320]  talking.
[39:28.320 --> 39:37.320]  He's got another 18 seconds. I know. It's Randy Kelton, Brett Fountain, Rue Laud Radio,
[39:37.320 --> 39:42.240]  and over the break, Kent's gonna beat himself around the eyes and ears with his phone.
[39:42.240 --> 39:49.240]  Hang on. We'll be right back.
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[41:01.720 --> 41:05.840]  The Bill of Rights contains the first ten amendments of our Constitution. They guarantee
[41:05.840 --> 41:10.600]  the specific freedoms Americans should know and protect. Our liberty depends on it. I'm
[41:10.600 --> 41:14.240]  Dr. Catherine Albright, and I'll be right back with an unforgettable way to remember
[41:14.240 --> 41:17.120]  one of your constitutional rights.
[41:17.120 --> 41:21.480]  Privacy is under attack. When you give up data about yourself, you'll never get it back
[41:21.480 --> 41:27.080]  again. And once your privacy is gone, you'll find your freedoms will start to vanish too.
[41:27.080 --> 41:32.080]  So protect your rights. Say no to surveillance and keep your information to yourself. Privacy,
[41:32.080 --> 41:38.400]  it's worth hanging on to. This public service announcement is brought to you by StartPage.com,
[41:38.400 --> 41:45.760]  the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[41:45.760 --> 41:50.040]  Imagine your mom and dad are getting ready for bed. They pull back the covers and find
[41:50.040 --> 41:54.760]  a third party there. He announces, I'm with the military and I'm sleeping here tonight.
[41:54.760 --> 41:58.920]  That shocking image of a third party in my parents' bed reminds me what the Third Amendment
[41:58.920 --> 42:03.760]  was designed to prevent. It protects us from being forced to share our homes with soldiers,
[42:03.760 --> 42:08.560]  a common demand in the days of our founding fathers. Third party, Third Amendment, get
[42:08.560 --> 42:13.000]  it? So if you answer a knock at your door and guys in fatigues demand lodging, tell them
[42:13.000 --> 42:17.560]  to dust off their copy of the Bill of Rights and reread the Third Amendment. I'm Dr.
[42:17.560 --> 42:32.320]  Catherine Albrecht. More news and information at CatherineAlbrecht.com. The Bill of Rights
[42:32.320 --> 42:36.400]  contains the first ten amendments of our Constitution. They guarantee it is specific
[42:36.400 --> 42:41.080]  freedoms Americans should know and protect. Our liberty depends on it. I'm Dr. Catherine
[42:41.080 --> 42:45.520]  Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional
[42:45.520 --> 43:14.360]  rights.
[43:16.360 --> 43:20.280]  Imagine four eyes staring at you through binoculars, a magnifying glass, or a pair of
[43:20.280 --> 43:24.920]  X-ray goggles. That imagery reminds me that the Fourth Amendment guarantees Americans
[43:24.920 --> 43:30.040]  freedom from unreasonable search and seizure. Fourth Amendment, four eyes staring at you,
[43:30.040 --> 43:34.040]  get it? Unfortunately, the government is trampling our Fourth Amendment rights in the name of
[43:34.040 --> 43:40.040]  security. Case in point, TSA airport scanners that peer under your clothing. When government
[43:40.040 --> 43:44.600]  employees demand a peep of your privates without probable cause, I say it's time to sound
[43:44.600 --> 43:49.000]  the constitutional alarm bells. Join me in asking our representatives to dust off the
[43:49.000 --> 43:54.280]  Bill of Rights and use their googly eyes to take a gander at the Fourth. I'm Dr. Catherine
[43:54.280 --> 44:22.280]  Albrecht, more news and information at CatherineAlbrecht.com.
[44:24.280 --> 44:46.120]  Okay, we are back. Randy Kelton's Brett Fouton's Roodlebell Radio on this Friday, the
[44:46.120 --> 44:58.880]  third day of February, 2023. And we're talking to Ted, who talks during the outro from California.
[44:58.880 --> 45:07.600]  Hello, Ted, who talks during the outro. I have to apologize for that and explain how
[45:07.600 --> 45:20.040]  that could ever happen. When a plaintiff attorney is yelling at me, I tune it out and continue
[45:20.040 --> 45:28.080]  talking. Anyway, and Randy, you know that squealing that you think is in your ears?
[45:28.080 --> 45:32.280]  Have you considered that it might be the squealing between your ears?
[45:32.280 --> 45:43.640]  Well, I was blown up. It blew me about six foot backwards and I landed on my shoulders
[45:43.640 --> 45:51.760]  and my ear lit up and it never shut down. Well, I might have to be able to help you
[45:51.760 --> 45:57.840]  with something on that. And as the previous caller, I've never told you this. Thank you
[45:57.840 --> 46:05.400]  for your service and the sacrifice your family's made to this country.
[46:05.400 --> 46:14.080]  First time I heard that was 25 years after the fact. And it still stings when I hear
[46:14.080 --> 46:24.360]  it. Yeah. Anyway, I'm probably the most disgruntled veteran you'll ever come across. I'm trying
[46:24.360 --> 46:34.120]  to get a license plate covered that says disgruntled vet. Okay. So looks like you're a good, you
[46:34.120 --> 46:46.600]  know, this lawyer, he perhaps he hasn't had a jealous federal judge down his throat. Judges
[46:46.600 --> 46:53.520]  don't like it when you ignore their jurisdiction. They have a tendency to get your attention
[46:53.520 --> 47:00.240]  when you do. We had a guy, they were coming to evict him and I had him go down to the
[47:00.240 --> 47:08.520]  federal court and file a Chapter 7 bankruptcy. And the constable come out was going to evict
[47:08.520 --> 47:15.320]  him anyway and threaten to shoot his dogs. And he kind of held him off until nine o'clock
[47:15.320 --> 47:26.040]  and he called the federal court and the clerk told the judge and the judge got on the phone.
[47:26.040 --> 47:36.320]  And we don't know what he said to that constable. But that constable in his lumpers hit the road.
[47:36.320 --> 47:47.760]  He got their attention real fast. He heard the part is when someone files a bankruptcy,
[47:47.760 --> 47:53.160]  you stay out of my jurisdiction. And then the guy walked away with the judge yelling
[47:53.160 --> 48:01.960]  at him. So when the judge finds out that this lawyer is trying to convince a state judge
[48:01.960 --> 48:08.480]  to override federal jurisdiction, I suspect that this federal judge is going to get their
[48:08.480 --> 48:17.000]  attention. Now, even if they're bought and paid for, this is different. This is professional
[48:17.000 --> 48:27.920]  jealousy. You can't buy that. So I suggest you file a petition to the federal court
[48:27.920 --> 48:35.600]  for a writ of mandamus and ask the federal court to order the trial court to stop holding
[48:35.600 --> 48:42.400]  hearings while the case has been removed. And what will happen is the federal judge
[48:42.400 --> 48:49.000]  will look at that and say, what? He's holding hearings? Well, it's been removed. And you'll
[48:49.000 --> 49:01.280]  get to see a judge, a federal judge get excited. Oh, yeah, you're going to mute it, Ted. Did
[49:01.280 --> 49:02.280]  you pass out?
[49:02.280 --> 49:06.680]  I'm being quiet. I don't want to talk over you. I got scolded.
[49:06.680 --> 49:11.280]  Hey, I'm not in there. This is not the outro.
[49:11.280 --> 49:14.880]  I'm afraid you're going to stick Deborah on me next.
[49:14.880 --> 49:24.080]  You better worry about that. So let me get this in, guys. As for the previous caller,
[49:24.080 --> 49:35.200]  I also purchased jurisdictionary this week. But you got to tell me to pick up my phone
[49:35.200 --> 49:42.720]  and beat myself around the head because I did not come to the rule of law website and
[49:42.720 --> 49:46.600]  purchase it off the rule of law website.
[49:46.600 --> 49:57.120]  Actoliba! My goodness! Oh, you really need to beat yourself soundly.
[49:57.120 --> 50:03.200]  It didn't hit me till a few days after. So you guys got to remind people to purchase
[50:03.200 --> 50:06.160]  it off of your website.
[50:06.160 --> 50:07.160]  And it's okay.
[50:07.160 --> 50:08.160]  The other thing is...
[50:08.160 --> 50:10.280]  It's enough. It's enough that you got it.
[50:10.280 --> 50:14.200]  Yeah, glad you got it.
[50:14.200 --> 50:19.560]  The other thing, last week, you guys shut me down and I think you thought I was going
[50:19.560 --> 50:23.920]  one direction when I'm actually going another. And actually, I like to do that to lawyers
[50:23.920 --> 50:33.160]  folks. But what I'm talking about is there are a lot of folks that can't put themselves
[50:33.160 --> 50:42.120]  out there like some of us do. And the least they can do is make a contribution donation
[50:42.120 --> 50:49.600]  to rule of law. And yeah, if they want to hit another contribution to the beer fund,
[50:49.600 --> 50:51.000]  that would be great too.
[50:51.000 --> 50:59.040]  Well, the beer fund goes to the radio station. I don't take anything from it.
[50:59.040 --> 51:07.520]  We just play with that. The books I sell, the Legal 101, all that goes to the radio
[51:07.520 --> 51:08.520]  station.
[51:08.520 --> 51:16.840]  Okay. Well, just because you got it. Look, nobody is asking us to do this. We're trying
[51:16.840 --> 51:22.360]  to hold judges accountable. We're trying to get rid of bad judges. We just want them to
[51:22.360 --> 51:33.480]  follow the law. And again, it's more important because they have contempt for pro-state and
[51:33.480 --> 51:40.120]  because their whole system is going to go down in flames if every American learns how
[51:40.120 --> 51:49.000]  to defend themselves. And defending yourself means then going on the offensive. And how
[51:49.000 --> 51:54.300]  you're going to do that is you're going to learn. You're going to take study materials
[51:54.300 --> 51:59.480]  like jurisdiction areas a great place to start. Even though I haven't been through
[51:59.480 --> 52:08.240]  it, I've talked to Dr. Graves many times as well. And Dr. Graves is an amazing person
[52:08.240 --> 52:19.040]  who takes the time that he does, not what he does with everybody. So it's just, again,
[52:19.040 --> 52:28.640]  people have to understand what if we cannot have the rule of law, we don't have a country.
[52:28.640 --> 52:38.440]  And we deserve a free country. And the only way we're going to get it is you've got to
[52:38.440 --> 52:47.360]  be educated. And you need to learn who you are and what, by your birthright, you inherited.
[52:47.360 --> 52:54.560]  And these people, these politicians, these judges, they worked for us. And you had said
[52:54.560 --> 53:00.240]  something earlier that really clicked with me and how they're the servants, we're the
[53:00.240 --> 53:08.120]  master. And that doesn't mean you can be polite. I am for law enforcement. I'm just not for
[53:08.120 --> 53:18.680]  murderers. Okay. And again, I mean, I'll leave it at that. I don't know if you have enough
[53:18.680 --> 53:23.400]  time. I have a one-page letter that I wrote to the judge. And I think that's what's kicked
[53:23.400 --> 53:27.920]  all of this off. Because in this letter, I tell him that if he was to proceed, it would
[53:27.920 --> 53:35.200]  be without immunity and may give rise to judicial misconduct. And they're upset because I also
[53:35.200 --> 53:41.440]  was able to get that letter into the judge's mailbox. And they don't know how that happened.
[53:41.440 --> 53:42.440]  Good.
[53:42.440 --> 53:51.760]  And so the judge can't say that he didn't have fair warning. And I believe everything
[53:51.760 --> 53:58.720]  this state court judge has done since the removal is void and what I already said, that he
[53:58.720 --> 54:07.560]  doesn't have immunity for this. This is like one of the few things a lawyer can get disbarred.
[54:07.560 --> 54:13.160]  It rises to the same level as what lawyers can get disbarred for, which is mainly messing
[54:13.160 --> 54:22.240]  with what do you call it, fun. They're basically getting their hand caught in the cookie jar.
[54:22.240 --> 54:26.240]  Yeah, well, that's the appropriation of public funds.
[54:26.240 --> 54:33.000]  Well, just even a trust account. If they take money, they set up a trust account and then
[54:33.000 --> 54:44.120]  they take the money. They're in deep trouble. So I was looking at my notes. Oh, really important.
[54:44.120 --> 54:53.120]  The guy last night, I spent quite a bit of time with him. Randy, in California, if a
[54:53.120 --> 55:02.600]  civil case has not gone to court within five years, we have a foreign motion for dismissal.
[55:02.600 --> 55:11.680]  And that may be one of his ways out, is just to move, to have the case dismissed for lack
[55:11.680 --> 55:16.760]  of prosecution. There's a time limit. You can't just go on and on forever. You have
[55:16.760 --> 55:21.000]  to go to trial, at least in California, it's five years. Civil.
[55:21.000 --> 55:28.920]  I can tell it to your people that the ones who wanted to go for seven, eight years.
[55:28.920 --> 55:36.760]  Well, you know, after I beat myself across the head with the phone quite a bit, I finally
[55:36.760 --> 55:45.040]  filed that last, well, I removed the case, the criminal case, the federal court and hit
[55:45.040 --> 55:52.160]  them with a lawsuit. It didn't go anywhere. But it finally got their attention that I'm
[55:52.160 --> 55:54.200]  not going to give up.
[55:54.200 --> 56:03.200]  Well, that's the thing. There's always stuff you can do. We had a case in California that
[56:03.200 --> 56:11.880]  stayed in the court for five years. And it was a simple case. There was a foreclosure
[56:11.880 --> 56:18.320]  case and we said, you know, Wells Fargo was the lender. Wells Fargo was the servicer.
[56:18.320 --> 56:24.800]  And Wells Fargo was doing the eviction for the foreclosure. And we said, who the heck
[56:24.800 --> 56:29.720]  are you? We don't know who you are. We never entered into a contract with you. Never entered
[56:29.720 --> 56:34.920]  into a contract with your alleged principal. Prove it up, because we don't have to admit
[56:34.920 --> 56:37.680]  anything.
[56:37.680 --> 56:46.960]  Took them five years to get to the Supreme and the California Supreme denied my certiori
[56:46.960 --> 56:56.440]  to them. But it was five years getting there. I don't hear anything. Brett, are we still
[56:56.440 --> 56:57.440]  on?
[56:57.440 --> 56:58.440]  I'm here. I'm here.
[56:58.440 --> 56:59.440]  Okay, good, good.
[56:59.440 --> 57:00.440]  You said you're on.
[57:00.440 --> 57:06.000]  Yeah, I wasn't hearing any background noise. I was afraid I'd dropped off. Okay, do you
[57:06.000 --> 57:08.040]  have anything else for us, Ted?
[57:08.040 --> 57:13.440]  There was one last thing. Oh, so here comes the crowing part, because I don't think Brett
[57:13.440 --> 57:26.040]  heard this. I won a traffic ticket appeal. And you may have vaguely remembered, I don't
[57:26.040 --> 57:32.840]  know, about six, eight months ago on the show, Randy said, Ted, you got no time for that.
[57:32.840 --> 57:40.800]  What are you doing? And anyway, I won the appeal. And I hear the music starts.
[57:40.800 --> 57:46.960]  Excellent. Okay, we're going to dump you and go to the next caller on the other side
[57:46.960 --> 57:48.960]  if you're done, Ted.
[57:48.960 --> 57:50.960]  Hey, congratulations on that.
[57:50.960 --> 57:51.960]  Thanks.
[57:51.960 --> 57:52.960]  That's a great win.
[57:52.960 --> 57:59.800]  Okay, we'll be right back.
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[58:59.840 --> 59:04.520]  I love logos. Without the shows on this network, I'd be almost as ignorant as my friends. I'm
[59:04.520 --> 59:08.520]  so addicted to the truth now that there's no going back. I need my truth fix. I'd be
[59:08.520 --> 59:13.400]  lost without logos. And I really want to help keep this network on the air. I'd love to
[59:13.400 --> 59:17.240]  volunteer as a show producer, but I'm a bit of a Luddite and I really don't have any money
[59:17.240 --> 59:21.520]  to give because I spent it all on supplements. How can I help logos?
[59:21.520 --> 59:26.520]  Well, I'm glad you asked. Whenever you order anything from Amazon, you can help logos.
[59:26.520 --> 59:31.520]  You can order them in your supplies or holiday gifts. First thing you do is clear your cookies.
[59:31.520 --> 59:37.520]  Go to LogosRadioNetwork.com. Click on the Amazon logo and bookmark it. Now, when you
[59:37.520 --> 59:42.520]  order anything from Amazon, you use that link and logos gets a few pesos.
[59:42.520 --> 59:43.520]  Do I pay extra?
[59:43.520 --> 59:44.520]  No.
[59:44.520 --> 59:46.520]  Do I have to do anything different when I order?
[59:46.520 --> 59:47.520]  No.
[59:47.520 --> 59:48.520]  Can I use my Amazon Prime?
[59:48.520 --> 59:49.520]  No.
[59:49.520 --> 59:50.520]  I mean, yes.
[59:50.520 --> 59:56.520]  Wow. Giving without doing anything or spending any money. This is perfect. Thank you so much.
[59:56.520 --> 59:57.520]  We are logos.
[59:57.520 --> 01:00:02.520]  Welcome. Happy holidays, logos.
[01:00:02.520 --> 01:00:10.520]  Logos, Logos, RadioNet, Internet, Network.
[01:00:15.520 --> 01:00:18.520]  Ain't gonna blind me.
[01:00:18.520 --> 01:00:22.520]  Don't bore me any
[01:00:22.520 --> 01:00:28.520]  Well
[01:00:28.520 --> 01:00:35.520]  Ain't gonna cool me with that same old trick again
[01:00:35.520 --> 01:00:40.520]  I was blindsided but now I can see your hands
[01:00:40.520 --> 01:00:43.520]  You put the fear in my pockets
[01:00:43.520 --> 01:00:45.520]  Took the money from my hands
[01:00:45.520 --> 01:00:50.520]  Ain't gonna fool me with that same old trick again
[01:00:50.520 --> 01:01:10.520]  Ain't gonna fool me with that same old trick again
[01:01:10.520 --> 01:01:15.520]  Ain't gonna drive me with that same old sucker punch
[01:01:15.520 --> 01:01:20.520]  I get it now but then I must have it now
[01:01:20.520 --> 01:01:23.520]  Back then you had room to move
[01:01:23.520 --> 01:01:25.520]  But now you're feeling the crunch
[01:01:25.520 --> 01:01:50.520]  Ain't gonna get me with that same old sucker punch
[01:01:50.520 --> 01:01:55.520]  Ain't gonna please me with that same old tantrum
[01:01:55.520 --> 01:02:00.520]  You thought you were right but now you got it all wrong
[01:02:00.520 --> 01:02:05.520]  It was a weak moment for me but I had the power all along
[01:02:05.520 --> 01:02:30.520]  Ain't gonna please me with that same old tantrum
[01:02:30.520 --> 01:02:35.520]  Ain't gonna bore me with that same old funnel of lies
[01:02:35.520 --> 01:02:38.520]  Your arrogance is absurd
[01:02:38.520 --> 01:02:40.520]  Don't know why you even try
[01:02:40.520 --> 01:02:45.520]  I'm gonna see my sweet little public re-analyze
[01:02:45.520 --> 01:02:51.520]  Ain't gonna blind me with that same old bucket of lies
[01:02:51.520 --> 01:02:54.520]  Okay, we are back
[01:02:54.520 --> 01:02:59.520]  Wait for the music to go down
[01:02:59.520 --> 01:03:05.520]  Ain't gonna blind me with that same old bucket of lies
[01:03:05.520 --> 01:03:08.520]  I don't have my wave station up Brett so I can't do it
[01:03:08.520 --> 01:03:10.520]  Okay, there we go now
[01:03:10.520 --> 01:03:12.520]  It's almost down to zero
[01:03:12.520 --> 01:03:15.520]  Okay, we're talking to Ted
[01:03:15.520 --> 01:03:18.520]  And Ted, I was gonna drop you like a hot rock
[01:03:18.520 --> 01:03:24.520]  But you need to explain your win in the appellate court
[01:03:27.520 --> 01:03:32.520]  Well, actually this is very, very important
[01:03:32.520 --> 01:03:35.520]  Because there is a pattern here
[01:03:35.520 --> 01:03:39.520]  Both in the criminal felony charges case
[01:03:39.520 --> 01:03:41.520]  And the traffic ticket
[01:03:41.520 --> 01:03:44.520]  I refuse to plead
[01:03:44.520 --> 01:03:48.520]  And in the criminal case
[01:03:48.520 --> 01:03:53.520]  I actually went the day after the arraignment
[01:03:53.520 --> 01:03:58.520]  And in writing withdrew my plea
[01:03:58.520 --> 01:04:03.520]  And also in the criminal case
[01:04:03.520 --> 01:04:07.520]  I refuse to allow them to put a lawyer on me
[01:04:07.520 --> 01:04:09.520]  And in fact, for those that don't know
[01:04:09.520 --> 01:04:11.520]  The public defender was put on me
[01:04:11.520 --> 01:04:16.520]  And I promptly turned around and sued him in state court
[01:04:16.520 --> 01:04:21.520]  And by the way, Randy, I ran into him yesterday
[01:04:21.520 --> 01:04:24.520]  A couple of days ago, he looked really bad
[01:04:24.520 --> 01:04:27.520]  I don't know if he knew it was me or not
[01:04:27.520 --> 01:04:29.520]  He looked terrible
[01:04:29.520 --> 01:04:30.520]  And the case is still going
[01:04:30.520 --> 01:04:35.520]  It's been the sixth appellate at the moment
[01:04:35.520 --> 01:04:37.520]  But I did not plead
[01:04:37.520 --> 01:04:39.520]  I did not plead in the traffic ticket either
[01:04:39.520 --> 01:04:42.520]  I did not allow them to put a lawyer on me
[01:04:42.520 --> 01:04:44.520]  They put the public defender on me
[01:04:44.520 --> 01:04:45.520]  I sued him
[01:04:45.520 --> 01:04:47.520]  We went around and around for a year
[01:04:47.520 --> 01:04:51.520]  He finally blew a socket and screamed at me
[01:04:51.520 --> 01:04:54.520]  Why don't I have another heart attack and die
[01:04:54.520 --> 01:04:57.520]  And so at that point, he bows out
[01:04:57.520 --> 01:05:00.520]  And not the alternate defender
[01:05:00.520 --> 01:05:03.520]  But the independent defender pops up
[01:05:03.520 --> 01:05:06.520]  He just happened to be there in the hearing
[01:05:06.520 --> 01:05:09.520]  I'm sure it wasn't any kind of conspiracy or anything
[01:05:09.520 --> 01:05:12.520]  And I promptly sued his butt
[01:05:12.520 --> 01:05:14.520]  And I have him
[01:05:14.520 --> 01:05:17.520]  Now I started suing him in small claims court
[01:05:17.520 --> 01:05:19.520]  But I named the United States
[01:05:19.520 --> 01:05:23.520]  And so the United States has now removed that to federal court
[01:05:23.520 --> 01:05:27.520]  We have an ongoing federal court case
[01:05:27.520 --> 01:05:29.520]  And what's beautiful about it is
[01:05:29.520 --> 01:05:33.520]  I didn't have to pay the $402 Fed filing fee
[01:05:33.520 --> 01:05:35.520]  But very important
[01:05:35.520 --> 01:05:37.520]  I did not plead ever
[01:05:37.520 --> 01:05:39.520]  I did not let them put a lawyer on me
[01:05:39.520 --> 01:05:42.520]  And ultimately, the seven page opinion
[01:05:42.520 --> 01:05:45.520]  On my traffic court appeal
[01:05:45.520 --> 01:05:47.520]  Was that was the finding that in fact
[01:05:47.520 --> 01:05:49.520]  They'd never arraign me
[01:05:49.520 --> 01:05:53.520]  Now I also recused the judge in that case
[01:05:53.520 --> 01:05:56.520]  And they claimed that I'd recused the previous judge
[01:05:56.520 --> 01:05:58.520]  And so I couldn't do that
[01:05:58.520 --> 01:06:00.520]  That was false, I was right
[01:06:00.520 --> 01:06:02.520]  Hide that for the look
[01:06:02.520 --> 01:06:05.520]  And ultimately you see what the pellet court did
[01:06:05.520 --> 01:06:09.520]  They basically dismissed it for lack of jurisdiction
[01:06:09.520 --> 01:06:14.520]  But not for the reasons that I've put forth
[01:06:14.520 --> 01:06:17.520]  And the last thing I want to tell you guys
[01:06:17.520 --> 01:06:19.520]  That this is what I said was important
[01:06:19.520 --> 01:06:23.520]  Now I'm on the do not ticket list
[01:06:23.520 --> 01:06:26.520]  And I don't know, I thought I was a pretty nice guy
[01:06:26.520 --> 01:06:29.520]  But apparently they say I'm a bad, bad man
[01:06:29.520 --> 01:06:33.520]  And so when I get pulled over
[01:06:33.520 --> 01:06:36.520]  When I'm pulled, now this is coming from a guy
[01:06:36.520 --> 01:06:40.520]  His wife just is a retired deputy
[01:06:40.520 --> 01:06:42.520]  And they will deny it
[01:06:42.520 --> 01:06:44.520]  They will say it doesn't exist
[01:06:44.520 --> 01:06:46.520]  But what this man told exude day
[01:06:46.520 --> 01:06:48.520]  When they run a place
[01:06:48.520 --> 01:06:50.520]  If you are in law enforcement
[01:06:50.520 --> 01:06:53.520]  It comes up with a star on their computer screen
[01:06:53.520 --> 01:06:56.520]  He said, and he admitted
[01:06:56.520 --> 01:06:59.520]  That there's something that comes up
[01:06:59.520 --> 01:07:01.520]  A flag, some kind of emblem
[01:07:01.520 --> 01:07:04.520]  And he says, now in your case
[01:07:04.520 --> 01:07:07.520]  They don't know what that is
[01:07:07.520 --> 01:07:09.520]  So they pull you over
[01:07:09.520 --> 01:07:11.520]  And then they got a call in
[01:07:11.520 --> 01:07:13.520]  And I said, yeah, that's exactly what happened
[01:07:13.520 --> 01:07:15.520]  The last time I got pulled over
[01:07:15.520 --> 01:07:17.520]  I ran a light delivery
[01:07:17.520 --> 01:07:20.520]  I mean, just, it wasn't even an accident
[01:07:20.520 --> 01:07:22.520]  It was a left turn light
[01:07:22.520 --> 01:07:24.520]  And I didn't know that there was unmarked Japanese
[01:07:24.520 --> 01:07:26.520]  In the second turn
[01:07:26.520 --> 01:07:28.520]  And no registration
[01:07:28.520 --> 01:07:30.520]  And no proof of insurance
[01:07:30.520 --> 01:07:32.520]  Oh, the registration was actually suspended
[01:07:32.520 --> 01:07:34.520]  For no insurance
[01:07:34.520 --> 01:07:37.520]  So, ran a light, no insurance
[01:07:37.520 --> 01:07:39.520]  And...
[01:07:39.520 --> 01:07:41.520]  Registration suspended?
[01:07:41.520 --> 01:07:43.520]  Is that a thing?
[01:07:43.520 --> 01:07:45.520]  They suspend your registration
[01:07:45.520 --> 01:07:47.520]  If they see your...
[01:07:47.520 --> 01:07:49.520]  The insurance company is out here rat you out
[01:07:49.520 --> 01:07:51.520]  The moment you're paying this late
[01:07:51.520 --> 01:07:54.520]  They send a message to TMV
[01:07:54.520 --> 01:07:56.520]  So...
[01:07:56.520 --> 01:07:58.520]  So they'll suspend your registration
[01:07:58.520 --> 01:08:00.520]  So basically, even though your registration is paid
[01:08:00.520 --> 01:08:02.520]  You're not valid
[01:08:02.520 --> 01:08:04.520]  So I got three counts right there
[01:08:04.520 --> 01:08:06.520]  Now, you know in law
[01:08:06.520 --> 01:08:08.520]  Another thing we have is the three things
[01:08:08.520 --> 01:08:11.520]  Now, what they would have normally done
[01:08:11.520 --> 01:08:13.520]  Toed my car
[01:08:13.520 --> 01:08:15.520]  But there was back and forth, back and forth
[01:08:15.520 --> 01:08:17.520]  And they...
[01:08:17.520 --> 01:08:19.520]  They actually called in
[01:08:19.520 --> 01:08:21.520]  After about 15 minutes
[01:08:21.520 --> 01:08:23.520]  They came over and they said
[01:08:23.520 --> 01:08:25.520]  Have a nice night, Mr. Scarlett
[01:08:25.520 --> 01:08:27.520]  And look
[01:08:27.520 --> 01:08:29.520]  I don't...
[01:08:29.520 --> 01:08:31.520]  I drive safe
[01:08:31.520 --> 01:08:33.520]  I mean, running a light is not safe
[01:08:33.520 --> 01:08:35.520]  But you have to understand, I'm out in the middle of nowhere
[01:08:35.520 --> 01:08:37.520]  There are no cars anywhere
[01:08:37.520 --> 01:08:39.520]  This light, never...
[01:08:39.520 --> 01:08:41.520]  You sit there forever
[01:08:41.520 --> 01:08:43.520]  It does not turn green for 10 minutes
[01:08:43.520 --> 01:08:45.520]  Okay, that was the situation
[01:08:45.520 --> 01:08:47.520]  So anyway, I just wanted to...
[01:08:47.520 --> 01:08:49.520]  Confirm to me, always before
[01:08:49.520 --> 01:08:51.520]  No, no, no, that's not true
[01:08:51.520 --> 01:08:53.520]  And I was told by other people
[01:08:53.520 --> 01:08:55.520]  Law enforcement would never admit it to me
[01:08:55.520 --> 01:08:57.520]  But yeah
[01:08:57.520 --> 01:08:59.520]  And how did I get this freedom?
[01:08:59.520 --> 01:09:01.520]  To not be worried
[01:09:01.520 --> 01:09:03.520]  That if I'm five miles over the speed limit
[01:09:03.520 --> 01:09:05.520]  In a 55 zone
[01:09:05.520 --> 01:09:07.520]  You know, I gotta be watching for cops
[01:09:07.520 --> 01:09:09.520]  How did I get that freedom?
[01:09:09.520 --> 01:09:11.520]  By taking a ticket
[01:09:11.520 --> 01:09:13.520]  All the way
[01:09:13.520 --> 01:09:15.520]  Now, I filed papers in there
[01:09:15.520 --> 01:09:17.520]  You expect me to pay this
[01:09:17.520 --> 01:09:19.520]  There is no money, stuff like that
[01:09:19.520 --> 01:09:21.520]  But
[01:09:21.520 --> 01:09:23.520]  The bottom line
[01:09:23.520 --> 01:09:25.520]  Is if you don't have
[01:09:25.520 --> 01:09:27.520]  Any rights that you don't enforce
[01:09:29.520 --> 01:09:31.520]  And I'm not looking for a fight
[01:09:31.520 --> 01:09:33.520]  And I don't want to harass these people
[01:09:33.520 --> 01:09:35.520]  I just want to be left alone
[01:09:35.520 --> 01:09:37.520]  And I want to be compensated
[01:09:39.520 --> 01:09:41.520]  I want to be compensated for the last...
[01:09:41.520 --> 01:09:43.520]  That's what all civilized men want
[01:09:43.520 --> 01:09:45.520]  Is to be left alone
[01:09:45.520 --> 01:09:47.520]  That's all I want
[01:09:47.520 --> 01:09:49.520]  I support law enforcement
[01:09:49.520 --> 01:09:51.520]  And
[01:09:51.520 --> 01:09:53.520]  I just want them to do their job
[01:09:53.520 --> 01:09:55.520]  The right way
[01:09:55.520 --> 01:09:57.520]  And I want my judges
[01:09:57.520 --> 01:09:59.520]  To rule as the law is written
[01:09:59.520 --> 01:10:01.520]  So that's...
[01:10:01.520 --> 01:10:03.520]  I'm not interested
[01:10:03.520 --> 01:10:05.520]  These people have
[01:10:05.520 --> 01:10:07.520]  Especially law enforcement
[01:10:07.520 --> 01:10:09.520]  They have very dangerous, stressful jobs
[01:10:09.520 --> 01:10:11.520]  I don't like these people
[01:10:11.520 --> 01:10:13.520]  That think they can run up on an officer
[01:10:13.520 --> 01:10:15.520]  And be five feet away with three of them
[01:10:15.520 --> 01:10:17.520]  Surrounding them with their phones up
[01:10:17.520 --> 01:10:19.520]  Videoing that nonsense
[01:10:19.520 --> 01:10:21.520]  You know, and your officers are going to get killed
[01:10:21.520 --> 01:10:23.520]  And even those people holding those phones
[01:10:23.520 --> 01:10:25.520]  Might get killed
[01:10:25.520 --> 01:10:27.520]  They don't know what's going on
[01:10:27.520 --> 01:10:29.520]  And they need to knock it off
[01:10:29.520 --> 01:10:31.520]  You need to be back out of the way
[01:10:31.520 --> 01:10:33.520]  If you're going to do that stuff
[01:10:33.520 --> 01:10:35.520]  So that's my line
[01:10:35.520 --> 01:10:37.520]  And I'm sticking to it
[01:10:37.520 --> 01:10:39.520]  Okay, thank you
[01:10:39.520 --> 01:10:41.520]  Ted
[01:10:41.520 --> 01:10:43.520]  This time we really
[01:10:43.520 --> 01:10:45.520]  Are going to drop you like a hot rock
[01:10:45.520 --> 01:10:47.520]  Okay
[01:10:47.520 --> 01:10:49.520]  Randy Kelton, Brett Fountain, Rural Law Radio
[01:10:49.520 --> 01:10:51.520]  When we come back, we'll go to Chris in Colorado
[01:10:51.520 --> 01:11:15.520]  We'll be right back
[01:11:15.520 --> 01:11:43.520]  We'll be right back
[01:11:43.520 --> 01:11:45.520]  We'll be right back
[01:12:13.520 --> 01:12:29.520]  We'll be right back
[01:12:29.520 --> 01:12:31.520]  This is Building 7
[01:12:31.520 --> 01:12:33.520]  A 47-story skyscraper
[01:12:33.520 --> 01:12:35.520]  That fell on the afternoon of September 11
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[01:14:53.520 --> 01:14:55.520]  Randy Kelton
[01:14:55.520 --> 01:14:57.520]  Brent Pouton, RuralLaw Radio
[01:14:57.520 --> 01:14:59.520]  And we're going to Chris in Colorado
[01:14:59.520 --> 01:15:01.520]  Hello Chris
[01:15:01.520 --> 01:15:03.520]  What you have for us today
[01:15:03.520 --> 01:15:04.520]  for us today.
[01:15:04.520 --> 01:15:12.760]  Well, gentlemen, well, I'm wondering where to go next.
[01:15:12.760 --> 01:15:15.680]  I seem to be done with my criminal thing.
[01:15:15.680 --> 01:15:18.560]  They just missed the charge.
[01:15:18.560 --> 01:15:22.040]  I got pulled through.
[01:15:22.040 --> 01:15:23.040]  That's great.
[01:15:23.040 --> 01:15:24.040]  Yeah.
[01:15:24.040 --> 01:15:30.640]  So now I have a little bit of education on how incompetent our justice system really
[01:15:30.640 --> 01:15:31.640]  is.
[01:15:31.640 --> 01:15:35.680]  I don't get anything until the morning before pre-child conference, and that's when they
[01:15:35.680 --> 01:15:39.920]  decided they had no case.
[01:15:39.920 --> 01:15:46.160]  That should have been decided in a examining trial a long time ago, or what in Colorado
[01:15:46.160 --> 01:15:50.520]  they'd call a preliminary hearing, that they didn't do.
[01:15:50.520 --> 01:15:51.520]  Yeah.
[01:15:51.520 --> 01:15:52.520]  No.
[01:15:52.520 --> 01:15:55.000]  Nobody looked at any of the evidence.
[01:15:55.000 --> 01:15:57.720]  Nobody was going to look at anything or even hear me or whatever.
[01:15:57.720 --> 01:16:03.080]  So I went with the public defender just to feel the situation out, see if I could use
[01:16:03.080 --> 01:16:09.600]  them to my advantage, and luckily she was a decent girl, and she apparently wrote them
[01:16:09.600 --> 01:16:13.480]  a pretty long email and showed some evidence, and they decided to dismiss it.
[01:16:13.480 --> 01:16:20.640]  They took their time doing it, and so I'm wondering who I sue now, besides everybody
[01:16:20.640 --> 01:16:23.440]  and their grandmother, but I just don't know exactly how to approach it.
[01:16:23.440 --> 01:16:28.920]  I'm definitely going to sue the police department, but I'm wondering within the DA's office and
[01:16:28.920 --> 01:16:36.120]  all the people that attached this how many suits I can put together.
[01:16:36.120 --> 01:16:49.640]  Well, you need to find where they acted outside of scope.
[01:16:49.640 --> 01:16:57.320]  I'm not hearing any background noise, so I'm not sure if I'm dropping off or not.
[01:16:57.320 --> 01:16:58.320]  Okay.
[01:16:58.320 --> 01:17:00.520]  Oh, no, he's just listening.
[01:17:00.520 --> 01:17:03.760]  He's taking what you tell him, and he's taking it to heart.
[01:17:03.760 --> 01:17:04.760]  Oh, wow.
[01:17:04.760 --> 01:17:05.760]  I better be careful.
[01:17:05.760 --> 01:17:09.080]  I can't screw around then, huh?
[01:17:09.080 --> 01:17:11.880]  I've got to be serious.
[01:17:11.880 --> 01:17:18.960]  You can't take the officer on for his determination that he had reason to believe you committed
[01:17:18.960 --> 01:17:24.360]  a crime, even if he really didn't.
[01:17:24.360 --> 01:17:32.760]  In order for a policeman to be able to do his job, he has to have some leeway, and policemen
[01:17:32.760 --> 01:17:38.600]  will push that leeway as far as they absolutely can.
[01:17:38.600 --> 01:17:46.960]  Now, the federal law requires a preliminary hearing, and that is not discretion.
[01:17:46.960 --> 01:17:52.040]  It's not something they can decide to do or not to do.
[01:17:52.040 --> 01:18:01.320]  You need to read the criminal procedure called California, I'm sorry, Colorado, where it
[01:18:01.320 --> 01:18:05.800]  addresses preliminary hearings.
[01:18:05.800 --> 01:18:12.080]  The federal law requires that a person who is arrested is to be taken directly to the
[01:18:12.080 --> 01:18:13.080]  nearest magistrate.
[01:18:13.080 --> 01:18:20.000]  If the federal law requires it, the states have to do it.
[01:18:20.000 --> 01:18:22.280]  Just find the codes.
[01:18:22.280 --> 01:18:25.880]  Who did not take you to the nearest magistrate?
[01:18:25.880 --> 01:18:28.160]  Did you ever see a magistrate?
[01:18:28.160 --> 01:18:32.240]  Well, that's the vague part in Colorado.
[01:18:32.240 --> 01:18:36.640]  We might be one of those states that's got, I never found anything about that.
[01:18:36.640 --> 01:18:49.400]  I looked through a lot, but this was handled as a, what do you call it, summons and release.
[01:18:49.400 --> 01:18:52.520]  The reason this is kind of a mess is because they're originally just going to give me a
[01:18:52.520 --> 01:18:53.520]  warning.
[01:18:53.520 --> 01:18:59.360]  They thought they had probable cause to give people warnings because somebody said from
[01:18:59.360 --> 01:19:03.120]  the property owner, no soliciting and no loitering.
[01:19:03.120 --> 01:19:07.480]  Well, that's neither of what I was doing.
[01:19:07.480 --> 01:19:11.680]  They chose to make excuses for other crimes in order to get probable cause.
[01:19:11.680 --> 01:19:18.400]  I think there's a term for that, I forget what it's called, but anyway, they use excuses
[01:19:18.400 --> 01:19:19.400]  that weren't relevant.
[01:19:19.400 --> 01:19:23.560]  When I challenged that, that's when they decided to push it from the original intention
[01:19:23.560 --> 01:19:29.480]  just to give me a warning and not to come back to the property to pull on assault, ripping
[01:19:29.480 --> 01:19:31.880]  me out of the car, throwing me on the ground, putting me in a hospital.
[01:19:31.880 --> 01:19:37.320]  That's when they just chose to go way beyond their probable cause, in my opinion, and then
[01:19:37.320 --> 01:19:43.440]  when they had such a show, they better damn well have a ticket to show for their actions.
[01:19:43.440 --> 01:19:46.440]  That's exactly what I've talked to some other attorneys about this.
[01:19:46.440 --> 01:19:49.240]  They said, yeah, they probably weren't going to give you a ticket to begin with.
[01:19:49.240 --> 01:19:52.800]  Now they give you a ticket because they have the paramedics and everything there.
[01:19:52.800 --> 01:19:57.560]  They better well do something, but when it got to court, they realized they had no reason
[01:19:57.560 --> 01:20:01.480]  to contact me and to begin with because there was no crime being committed.
[01:20:01.480 --> 01:20:03.120]  There was no crime about to be committed.
[01:20:03.120 --> 01:20:06.240]  There had been no crime that had been committed.
[01:20:06.240 --> 01:20:08.080]  There was no reason for them.
[01:20:08.080 --> 01:20:10.680]  That is clearly spelled out in the criminal code.
[01:20:10.680 --> 01:20:15.880]  I know it's a gray area, if I ever start to argue that, but they clearly went way overboard.
[01:20:15.880 --> 01:20:20.320]  But as far as bringing me forward, Magistrate, I have not found anything in Colorado that
[01:20:20.320 --> 01:20:21.320]  states this.
[01:20:21.320 --> 01:20:22.320]  Okay.
[01:20:22.320 --> 01:20:30.920]  Yeah, I'm looking at Title 16, Colorado Statues, Title 16, Criminal Proceedings, and it calls
[01:20:30.920 --> 01:20:38.440]  for a, it says you have a right to a preliminary hearing only in a felony.
[01:20:38.440 --> 01:20:47.640]  That's not going to pass federal constitutional muster, but it's a hard fight to have.
[01:20:47.640 --> 01:20:56.640]  If they arrested you and made these charges and then the prosecutor dismissed it because
[01:20:56.640 --> 01:21:05.320]  there wasn't evidence, then you should go after the officers, aggravated perjury.
[01:21:05.320 --> 01:21:10.240]  Yeah, I mean, there's many things that I can figure out, but I'm wondering, do I go
[01:21:10.240 --> 01:21:11.240]  after them separately?
[01:21:11.240 --> 01:21:16.120]  Do I go after the three things separately?
[01:21:16.120 --> 01:21:19.320]  I have two recorders.
[01:21:19.320 --> 01:21:24.760]  If you sue them, you'd have to sue them all together because it's all, everything arises
[01:21:24.760 --> 01:21:27.360]  out of one incident.
[01:21:27.360 --> 01:21:28.360]  Okay.
[01:21:28.360 --> 01:21:29.360]  Okay.
[01:21:29.360 --> 01:21:32.360]  It's not that hard to sue them.
[01:21:32.360 --> 01:21:34.760]  Yeah, no, I'm going to do it.
[01:21:34.760 --> 01:21:39.960]  I was hoping to find a civil rights attorney, but I just haven't gone far enough for that
[01:21:39.960 --> 01:21:40.960]  one.
[01:21:40.960 --> 01:21:41.960]  We'll be tired.
[01:21:41.960 --> 01:21:46.400]  You will not, you will not find a civil rights attorney who will take on the police.
[01:21:46.400 --> 01:21:49.720]  Not going to happen.
[01:21:49.720 --> 01:21:55.920]  They are terrified of the police and they're afraid that if they do anything the police
[01:21:55.920 --> 01:21:59.800]  don't like, then they'll wind up being arrested.
[01:21:59.800 --> 01:22:02.040]  The police will retaliate against them and they're right.
[01:22:02.040 --> 01:22:03.040]  They will.
[01:22:03.040 --> 01:22:07.160]  You have to do this as a pro-say.
[01:22:07.160 --> 01:22:13.360]  They're actually more afraid of a pro-say because they know the lawyers are under control.
[01:22:13.360 --> 01:22:16.200]  The pro-says are not.
[01:22:16.200 --> 01:22:17.200]  True.
[01:22:17.200 --> 01:22:18.200]  Very true.
[01:22:18.200 --> 01:22:25.440]  But you need to find something they did where they were commanded to do a certain thing
[01:22:25.440 --> 01:22:30.240]  and did something else.
[01:22:30.240 --> 01:22:35.240]  Where there is no discretion, you must do this thing and they didn't do that thing.
[01:22:35.240 --> 01:22:38.960]  Yeah, you don't want to take it to something of where it's fuzzy.
[01:22:38.960 --> 01:22:39.960]  The line is fuzzy.
[01:22:39.960 --> 01:22:42.320]  Well, was it excessive or not?
[01:22:42.320 --> 01:22:49.200]  No, you want to take it to something that's super well delineated in the code.
[01:22:49.200 --> 01:22:50.200]  Okay.
[01:22:50.200 --> 01:22:56.760]  This is what I've been doing in Texas is I make up a criminal complaint and take it
[01:22:56.760 --> 01:23:06.480]  to a judge and that invokes his duty as magistrate and 15.09 says that when a complaint is forwarded
[01:23:06.480 --> 01:23:14.560]  to a magistrate, the magistrate shall issue a warrant for it.
[01:23:14.560 --> 01:23:20.920]  That gives no discretion and where they are directed to do a certain thing and they don't
[01:23:20.920 --> 01:23:28.320]  do that thing, they have no immunity.
[01:23:28.320 --> 01:23:31.160]  That's what you're looking for.
[01:23:31.160 --> 01:23:40.280]  It becomes an administrative act because it does not involve their discretion.
[01:23:40.280 --> 01:23:47.200]  When they arrested you, what were they commanded to do?
[01:23:47.200 --> 01:23:49.440]  There's not a whole lot of specifics on that.
[01:23:49.440 --> 01:23:51.640]  At least I haven't found it in 16.
[01:23:51.640 --> 01:23:55.400]  I found more in jury instructions than I did find in the statute.
[01:23:55.400 --> 01:24:00.200]  Jury instructions is somewhat vague and then it leads you to another part of the jury instructions
[01:24:00.200 --> 01:24:05.840]  that leads you to case law so it's kind of vague all over the place.
[01:24:05.840 --> 01:24:08.840]  Have you looked at the Fed?
[01:24:08.840 --> 01:24:13.240]  No, for color I don't know.
[01:24:13.240 --> 01:24:25.280]  Look at Brady, get the Brady case and look at 42 U.S. Code 1983.
[01:24:25.280 --> 01:24:31.720]  The fact that they dismissed the case because there wasn't a case establishes the fact that
[01:24:31.720 --> 01:24:33.280]  what they did wasn't proper.
[01:24:33.280 --> 01:24:36.560]  They can't go back and change it now.
[01:24:36.560 --> 01:24:40.120]  So look at Brady.
[01:24:40.120 --> 01:24:46.480]  Okay, that speaks to what I've been told so I'm...
[01:24:46.480 --> 01:24:50.240]  Okay, wait, wait, hang on, we're about to go to our sponsors, Randy Kelton, Brett
[01:24:50.240 --> 01:24:56.000]  Fountain Rueva Radio, we'll be right back.
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[01:27:49.240 --> 01:27:59.240]  Okay.
[01:27:59.240 --> 01:28:00.240]  We are back.
[01:28:00.240 --> 01:28:06.240]  Randy Kelton, Brett Fountain, rule of law radio, and we're talking to Chris in Colorado.
[01:28:06.240 --> 01:28:10.240]  And Chris, you know, I'm thinking over the break.
[01:28:10.240 --> 01:28:11.240]  Okay.
[01:28:11.240 --> 01:28:23.240]  They had these policemen come and arrest you, and they used force, and they had loaded pistols,
[01:28:23.240 --> 01:28:27.240]  and they didn't have any grounds.
[01:28:27.240 --> 01:28:32.240]  So I see that as aggravated assault with deadly weapon.
[01:28:32.240 --> 01:28:45.240]  And if you take that and charge them with it, what is the duty of magistrates in Colorado?
[01:28:45.240 --> 01:28:47.240]  What must they do?
[01:28:47.240 --> 01:28:57.240]  You need to find a place where they are recommended to do something to where they have no discretion.
[01:28:57.240 --> 01:29:03.240]  Like, you take a complaint to a magistrate, and he refuses to hear it.
[01:29:03.240 --> 01:29:06.240]  Now, they may have discretion.
[01:29:06.240 --> 01:29:18.240]  In most states, the magistrate has discretion to make a determination of whether or not he believes the complaint is sufficient.
[01:29:18.240 --> 01:29:20.240]  And that goes to his discretion.
[01:29:20.240 --> 01:29:27.240]  What he doesn't have discretion about is whether or not he will hear the complaint.
[01:29:27.240 --> 01:29:30.240]  At least that's in most states.
[01:29:30.240 --> 01:29:31.240]  He's a magistrate.
[01:29:31.240 --> 01:29:33.240]  That's his job.
[01:29:33.240 --> 01:29:41.240]  So if he refuses, you know, I go to a magistrate, and they say, well, you take the prosecution attorney.
[01:29:41.240 --> 01:29:43.240]  I'm a district judge.
[01:29:43.240 --> 01:29:44.240]  Yeah.
[01:29:44.240 --> 01:29:49.240]  District judges don't take complaints in Travis County.
[01:29:49.240 --> 01:29:52.240]  And I told him, well, your honor, that's okay.
[01:29:52.240 --> 01:29:55.240]  I'm not here to invoke your duty as a district judge.
[01:29:55.240 --> 01:30:02.240]  I'm here to invoke your duty as a magistrate, and that's a duty from which you may not shield yourself.
[01:30:02.240 --> 01:30:13.240]  So get the magistrate to refuse to act on the complaint and then sue the magistrate for misfeasance in office.
[01:30:13.240 --> 01:30:18.240]  Failing to perform a duty he was required to perform.
[01:30:18.240 --> 01:30:26.240]  And then sue him for everything you would have sued these officers for.
[01:30:26.240 --> 01:30:27.240]  Okay.
[01:30:27.240 --> 01:30:30.240]  Is that something I could also sue?
[01:30:30.240 --> 01:30:34.240]  So I have two recorder phone calls with the sergeant.
[01:30:34.240 --> 01:30:41.240]  And as my normal strategy is, when I have an issue with a police officer, I go right down to the precinct and I talk to the sergeant.
[01:30:41.240 --> 01:30:48.240]  I talk to him as long as I can until either he gives up or we come to an agreeable situation.
[01:30:48.240 --> 01:30:50.240]  Well, I did this over the phone.
[01:30:50.240 --> 01:30:53.240]  He's a nice guy, but he admitted several things.
[01:30:53.240 --> 01:30:58.240]  And first of all, when I first talked to him, the first phone call, he says, well, do you want to file a complaint?
[01:30:58.240 --> 01:30:59.240]  I said, I don't know yet.
[01:30:59.240 --> 01:31:03.240]  He says, well, based on what you've told me, I have to investigate this.
[01:31:03.240 --> 01:31:05.240]  So I thought he was going to do something.
[01:31:05.240 --> 01:31:08.240]  And four days later, five days later, when I talked to him again, I said, you know what?
[01:31:08.240 --> 01:31:09.240]  I do want to file a complaint.
[01:31:09.240 --> 01:31:10.240]  He refused to take the complaint.
[01:31:10.240 --> 01:31:15.240]  He says, based on what I've seen, I don't see any legal activity.
[01:31:15.240 --> 01:31:20.240]  But he also admitted on the phone a lot of interesting things.
[01:31:20.240 --> 01:31:30.240]  And I think that's probably part of why the DA dismissed it, because we have the sergeant admitting that there was not proper signage and basically his officers didn't have the right to do what they did.
[01:31:30.240 --> 01:31:33.240]  But he's also saying they did have the right to do what they did.
[01:31:33.240 --> 01:31:43.240]  Can I use what you just told me against him failure to do a duty if I can find one that he's required to do and then also do it against the magistrate?
[01:31:43.240 --> 01:31:46.240]  And then who else could I bring into this?
[01:31:46.240 --> 01:31:52.240]  Oh, the best thing you can use is their own verbiage.
[01:31:52.240 --> 01:31:57.240]  You know, the police will tell you you have a right to remain silent and you should do so.
[01:31:57.240 --> 01:32:05.240]  They need to take their own advice because they're not any smarter than the perps they're out here missing with.
[01:32:05.240 --> 01:32:07.240]  And they say stupid stuff.
[01:32:07.240 --> 01:32:16.240]  If the sergeant let his mouth override his professionalism, absolutely you should take him to task for it.
[01:32:16.240 --> 01:32:21.240]  Yeah, I got over two hours of him on the phone.
[01:32:21.240 --> 01:32:25.240]  So that's a long talk, long conversation.
[01:32:25.240 --> 01:32:33.240]  In a two hour conversation, you've got to make some mistakes.
[01:32:33.240 --> 01:32:41.240]  Yeah, I did sound clips and I sent them to the public defender so she could send them on him admitting certain things.
[01:32:41.240 --> 01:32:47.240]  So it's basically six minutes straight of admitting stuff from the two hours.
[01:32:47.240 --> 01:32:55.240]  That's just what I'm trying to say, but it's still be under one suit for that precinct and all the officers involved.
[01:32:55.240 --> 01:33:04.240]  And then, I mean, even the respondee at superior, I want to bring the chief of police into this because he's the one who's training him
[01:33:04.240 --> 01:33:11.240]  and then whoever's training him and, you know, I've got the sergeant admitting to having legal knowledge of Supreme Court rulings
[01:33:11.240 --> 01:33:13.240]  so he's getting information from his legal department.
[01:33:13.240 --> 01:33:16.240]  I mean, it's just, it's crazy how they back one another.
[01:33:16.240 --> 01:33:17.240]  That's what I meant.
[01:33:17.240 --> 01:33:24.240]  I didn't know how complex I make one lawsuit or if I bring multiple lawsuits in.
[01:33:24.240 --> 01:33:32.240]  If it all arises out of the same circumstance, you need to bring them all at once.
[01:33:32.240 --> 01:33:42.240]  Okay, so I'll just bring him in and try to, for criminal stuff, you could do one at the time, just one count, one person, one event.
[01:33:42.240 --> 01:33:50.240]  But the civil suit he's talking about, that needs to all be one story.
[01:33:50.240 --> 01:33:54.240]  Okay, and then would I also do the DA under the same story?
[01:33:54.240 --> 01:33:58.240]  Because the DA office, I'm going to find all kinds of information about them pretty soon.
[01:33:58.240 --> 01:34:02.240]  And I got a massive situation down there.
[01:34:02.240 --> 01:34:04.240]  DA's a harder to get to.
[01:34:04.240 --> 01:34:06.240]  You need to get them dead bang.
[01:34:06.240 --> 01:34:18.240]  I got the DA in Travis County, I filed criminal complaints with him, and he did not give them to the grand jury.
[01:34:18.240 --> 01:34:22.240]  They were against him.
[01:34:22.240 --> 01:34:23.240]  But it didn't matter.
[01:34:23.240 --> 01:34:28.240]  I accused him of shielding himself from prosecution.
[01:34:28.240 --> 01:34:41.240]  And I filed criminal charges against the district attorney with every district judge in Travis County, and none of them issued warrants.
[01:34:41.240 --> 01:34:44.240]  So now I get to sue all of them.
[01:34:44.240 --> 01:34:47.240]  Did they at least issue summons?
[01:34:47.240 --> 01:34:49.240]  Nope.
[01:34:49.240 --> 01:34:51.240]  They just ignored it.
[01:34:51.240 --> 01:34:55.240]  Well, I got the Chief Justice of the Supreme the same way.
[01:34:55.240 --> 01:35:03.240]  I filed criminal charges against the governor with him, and he didn't issue a warrant.
[01:35:03.240 --> 01:35:11.240]  So I get to sue the Chief Justice of the Supreme.
[01:35:11.240 --> 01:35:13.240]  You guys don't want to do your job?
[01:35:13.240 --> 01:35:18.240]  Works for me.
[01:35:18.240 --> 01:35:22.240]  Okay, what do you think, Chris?
[01:35:22.240 --> 01:35:31.240]  Yeah, but so the DA, once I figure out what they were supposed to do and who was supposed to do what and who did what, is a DA a separate lawsuit?
[01:35:31.240 --> 01:35:36.240]  It's all back under the same because it's the people against me, so to speak.
[01:35:36.240 --> 01:35:48.240]  Yeah, did the DA dismiss the case or did he file a motion with the court asking the court to dismiss for lack of evidence or in the interest of justice?
[01:35:48.240 --> 01:36:01.240]  All I heard when I went to the last hearing, the DA verbally spoke to the, from across the room, said to the judge, said, judge, we'd like to enter a motion to dismiss, and that was it.
[01:36:01.240 --> 01:36:03.240]  Okay, then he did it right.
[01:36:03.240 --> 01:36:05.240]  That's good.
[01:36:05.240 --> 01:36:13.240]  If the prosecutor just decided not to prosecute, that he doesn't get to do.
[01:36:13.240 --> 01:36:17.240]  He has to ask the judge for permission.
[01:36:17.240 --> 01:36:28.240]  The one I went after him for in Travis County was, I filed the complaints with him and he decided he didn't have jurisdiction.
[01:36:28.240 --> 01:36:31.240]  Was that a fact, Jack?
[01:36:31.240 --> 01:36:37.240]  Where in the heck did you get authority to make that determination?
[01:36:37.240 --> 01:36:43.240]  That is a judicial determination and he is not a judge.
[01:36:43.240 --> 01:36:56.240]  That's what I was looking for in how the prosecutor dismissed the case, but if he filed a motion with the court, that's the court to dismiss for in the interest of justice that he covered his behind.
[01:36:56.240 --> 01:37:03.240]  Right, but that's after, remember, I went to this, they call first appearance thing and the DA did not dismiss it.
[01:37:03.240 --> 01:37:05.240]  They wanted to get off me a plea deal.
[01:37:05.240 --> 01:37:16.240]  They even looked at the evidence and that was that first joke appearance that we do that's supposed to be before a judge or actually a judge.
[01:37:16.240 --> 01:37:21.240]  Wait a minute, wasn't there a judge there?
[01:37:21.240 --> 01:37:22.240]  In theory, yes.
[01:37:22.240 --> 01:37:25.240]  There's a judge in the building, but not present for it.
[01:37:25.240 --> 01:37:30.240]  Did they convene a hearing?
[01:37:30.240 --> 01:37:35.240]  Again, quasi hearing, if I didn't show up, I'd get a bench warrant, but if I do, I don't know.
[01:37:35.240 --> 01:37:44.240]  You showed up and did you go into court with a judge and the judge convened to hear it, right?
[01:37:44.240 --> 01:37:47.240]  No, no judge present.
[01:37:47.240 --> 01:37:52.240]  Oh, so the prosecuting attorney summoned you to meet with him.
[01:37:52.240 --> 01:37:54.240]  Exactly.
[01:37:54.240 --> 01:37:58.240]  Where does he get the power to summons?
[01:37:58.240 --> 01:38:02.240]  The judge cannot summon you to meet with somebody else.
[01:38:02.240 --> 01:38:08.240]  He could summon you to come before him, but he can't summon.
[01:38:08.240 --> 01:38:09.240]  And they do this all over.
[01:38:09.240 --> 01:38:10.240]  Nobody raises the issue.
[01:38:10.240 --> 01:38:19.240]  I went into court in Southlake and they got 58 people there and this prosecutor tells them all what they're going to do.
[01:38:19.240 --> 01:38:22.240]  And I call the bailiff over and I said, where's the judge?
[01:38:22.240 --> 01:38:25.240]  Oh, the judge is not here.
[01:38:25.240 --> 01:38:27.240]  Oh, you mean that's not the judge?
[01:38:27.240 --> 01:38:30.240]  Oh, no, that's the prosecutor.
[01:38:30.240 --> 01:38:38.240]  Well, who convened this hearing that all these people were summoned to?
[01:38:38.240 --> 01:38:40.240]  And he called me by name.
[01:38:40.240 --> 01:38:47.240]  I didn't tell him who I was.
[01:38:47.240 --> 01:38:50.240]  I need to talk to my sergeant.
[01:38:50.240 --> 01:38:52.240]  Good idea.
[01:38:52.240 --> 01:38:59.240]  He charged the prosecuting attorney with 58 counts of impersonating a judicial officer.
[01:38:59.240 --> 01:39:01.240]  He's not a judicial officer.
[01:39:01.240 --> 01:39:05.240]  He can't summon you to come to court and to meet with him.
[01:39:05.240 --> 01:39:11.240]  If he wants to meet with you, he can call and set an appointment like anybody else.
[01:39:11.240 --> 01:39:13.240]  There you go.
[01:39:13.240 --> 01:39:16.240]  That might be a way to go after him.
[01:39:16.240 --> 01:39:22.240]  No, I plan to. I want to find more details of how this process works, but that's what I mean.
[01:39:22.240 --> 01:39:24.240]  Is that a separate lawsuit?
[01:39:24.240 --> 01:39:27.240]  Yes, that's separate.
[01:39:27.240 --> 01:39:28.240]  Okay.
[01:39:28.240 --> 01:39:30.240]  Okay, hang on. Go on to our sponsors.
[01:39:30.240 --> 01:39:34.240]  Randy Kelton, Brett Fountain, Ruevlar Radio.
[01:39:34.240 --> 01:39:41.240]  I'll see we have a call-in board's full, so I won't give out the call-in number.
[01:39:41.240 --> 01:39:42.240]  Hang on.
[01:39:42.240 --> 01:39:49.240]  We'll be right back.
[01:40:12.240 --> 01:40:19.240]  We'll be right back.
[01:40:42.240 --> 01:40:55.240]  We'll be right back.