[00:00.000 --> 00:10.680]  This news flash is brought to you by the Lone Star Lowdown, providing your daily bulletins
[00:10.680 --> 00:12.640]  for the commodities market.
[00:12.640 --> 00:24.920]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:24.920 --> 00:33.120]  Let's open up today with gold at $1,183.87 an ounce, silver $16.14 an ounce, Texas crude
[00:33.120 --> 00:44.840]  $58.58 a barrel, and Bitcoin is currently sitting at 236 U.S. currency.
[00:44.840 --> 00:50.560]  Today in history, Friday, April 30, 2004, Major General Antonio Tacuba released his
[00:50.560 --> 00:56.400]  report detailing his investigation of the 800th Military Police Brigade at Abu Ghraib.
[00:56.400 --> 00:59.520]  Here are some of the following abuses stated in Tacuba's report.
[00:59.520 --> 01:04.280]  U.S. MPs were punching, slapping, and kicking detainees, forcibly arranging detainees in
[01:04.280 --> 01:09.520]  various sexually explicit positions for photographing, forcing detainees to remove their clothing
[01:09.520 --> 01:13.920]  and keeping them naked for several days at a time, positioning a naked detainee on a
[01:13.920 --> 01:19.560]  box with a sandbag on their head and attaching wires to their fingers, toes, and genitalia
[01:19.560 --> 01:26.040]  in order to simulate electrical torture, and even included cases of male MP guards raping
[01:26.040 --> 01:33.040]  female detainees.
[01:33.040 --> 01:38.000]  In recent news, Bernie Sanders, the independent senator from Vermont, self-described democratic
[01:38.000 --> 01:50.360]  socialist, announced his bid for presidency under the Democratic ticket on Thursday.
[01:50.360 --> 01:55.360]  Baltimore Mayor Stephanie Rawlings-Blake instituted a citywide curfew that went into effect Tuesday
[01:55.360 --> 02:00.280]  night, 10 p.m., in response to the series of riots that broke out in light of the death
[02:00.280 --> 02:03.200]  of Freddie Gray in police custody.
[02:03.200 --> 02:07.420]  The curfew will be in place for seven days, at which point the mayor will determine if
[02:07.420 --> 02:09.960]  additional days are needed.
[02:09.960 --> 02:20.160]  Violations of the curfew are considered a misdemeanor offense.
[02:20.160 --> 02:26.360]  According to a Reuters poll questioning over 4,500 Americans between April 10th and April
[02:26.360 --> 02:31.680]  24th, found that nearly one in five Americans consider themselves libertarian.
[02:31.680 --> 02:37.680]  That percentage got expectedly higher when polling 18 to 29-year-olds who came in at
[02:37.680 --> 02:44.560]  32%, in contrast to only 12% with individuals age 60 or older.
[02:44.560 --> 02:47.240]  The Lone Star Lowdown is currently looking for sponsors.
[02:47.240 --> 02:51.560]  If you have a product or a service that you would like to advertise in the Lowdown, feel
[02:51.560 --> 02:56.320]  free to give us a call, 210-863-5617.
[02:56.320 --> 03:11.760]  This has been the Lowdown for April 30th, 2015.
[03:11.760 --> 03:29.980]  Thank you for watching.
[04:11.760 --> 04:15.760]  Whatcha gonna do, whatcha gonna do, when they come for you?
[04:15.760 --> 04:19.760]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do
[04:19.760 --> 04:22.760]  When they come for you, bad boys, bad boys
[04:22.760 --> 04:26.760]  Whatcha gonna do, whatcha gonna do, when they come for you
[04:26.760 --> 04:30.760]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do
[04:30.760 --> 04:32.760]  When they come for you
[04:32.760 --> 04:34.760]  Nobody now give you no break
[04:34.760 --> 04:36.760]  Police now give you no break
[04:36.760 --> 04:39.760]  That subah看一下 Afanyee give you no break
[04:39.760 --> 04:42.420]  Not keeping you eyes, you're not real, you know?
[04:42.680 --> 04:46.160]  Bad boys, bad boys, oh what you gonna do?
[04:46.500 --> 04:48.680]  Oh, what you gonna do when they come for you?
[04:49.000 --> 04:51.500]  Bad boys, bad boys, oh what you gonna do?
[04:51.800 --> 04:54.140]  Oh, what you gonna do when they come for you?
[04:54.480 --> 04:57.120]  Bad boys, bad boys, oh what you gonna do?
[04:57.420 --> 04:59.720]  Oh, what you gonna do when they come for you?
[05:00.080 --> 05:02.380]  Bad boys, bad boys, oh what you gonna do?
[05:02.380 --> 05:06.380]  Well, what you gonna do when it's time for you?
[05:26.380 --> 05:29.380]  Why don't you have the action room?
[05:29.380 --> 05:32.380]  Don't you know you're a human ghost?
[05:32.380 --> 05:37.380]  Born of a mother with a lover, a father, reflection ghost, reflection ghost
[05:37.380 --> 05:42.380]  I know sometimes, you wanna let go
[05:42.380 --> 05:48.380]  Hey, hey, hey, I know sometimes, you wanna let go
[05:48.380 --> 05:51.380]  Bad boys, bad boys, what you gonna do?
[05:51.380 --> 05:59.380]  What you gonna do when it comes for you?
[06:21.380 --> 06:29.380]  During the elections here in Texas a while back, we had Sharon Wilson on the show
[06:29.380 --> 06:35.380]  Sharon Wilson was running for district attorney in Tarrant County
[06:35.380 --> 06:40.380]  And she had been a 12 year district judge
[06:40.380 --> 06:46.380]  Was well known for being a stickler for following law
[06:46.380 --> 06:52.380]  And when she got district attorney
[06:52.380 --> 07:00.380]  I was hoping that we would have a prosecutor who would actually do what she said she was gonna do
[07:00.380 --> 07:04.380]  And it turns out we may have just exactly that
[07:04.380 --> 07:17.380]  A while back, I filed a criminal complaint with the Tarrant County District Attorney against the Dallas County District Attorney
[07:17.380 --> 07:21.380]  I took the law to Sharon Wilson
[07:21.380 --> 07:35.380]  And demonstrated Article 2.03 and how it allowed for no discretion on her part in the matter of complaints against public officials
[07:35.380 --> 07:42.380]  And then I told her I would be bringing these complaints against the Dallas County District Attorney
[07:42.380 --> 07:55.380]  And addressed my take on the law as it concerned her office and as it concerned the venue of grand juries
[07:55.380 --> 07:59.380]  When I brought the complaints down there
[07:59.380 --> 08:07.380]  She was very careful to the district attorney's office, had nothing to do with it
[08:07.380 --> 08:18.380]  Even though they knew I was there, they instructed the bailiff that I was waiting for an assistant for an ADA to come and talk to me
[08:18.380 --> 08:27.380]  But they instructed the bailiff to come out, take my complaints, take them back to the grand jury before the ADA got there
[08:27.380 --> 08:35.380]  And that was so that there would be no question that the district attorney had nothing to do with that
[08:35.380 --> 08:41.380]  That this was purely between myself, the bailiff, and the grand jury
[08:41.380 --> 08:46.380]  Just exactly as it should have been
[08:46.380 --> 08:58.380]  And subsequent to that, we have some, I have some friends here in the Dallas-Fort Worth area who have been taking on the family courts
[08:58.380 --> 09:08.380]  It appears as though the family courts have been reduced to nothing more than a money-making enterprise by family court lawyers
[09:08.380 --> 09:17.380]  It appears as though if you go to family court, the family court lawyers on both sides are going to look at your estate
[09:17.380 --> 09:23.380]  And they're going to try to determine how much they can extract from your estate
[09:23.380 --> 09:31.380]  Before they allow your divorce to go through, and they will do anything they need to
[09:31.380 --> 09:38.380]  To make sure that the litigation continues until they have pretty well decimated both sides of states
[09:38.380 --> 09:46.380]  Then they'll let the divorce or whatever finish
[09:46.380 --> 09:56.380]  And we've had some people, Ken Magnuson who's been on the show several times, has been instrumental in bringing them up to speed on the law
[09:56.380 --> 10:09.380]  They've been taking these judges on, they just hammered a court reporter who wasn't noticed to show up in court by apparently someone
[10:09.380 --> 10:18.380]  And wound up filing a complaint against her and then she had to come down to Austin and answer before a professional review board
[10:18.380 --> 10:24.380]  In lieu of being criminally prosecuted for contempt of court
[10:24.380 --> 10:30.380]  So, turned out some of the things that we suspected were proven out by these guys
[10:30.380 --> 10:40.380]  If you file any kind of complaint against a lawyer, the judges, the lawyers, everybody will get in line to protect that lawyer
[10:40.380 --> 10:42.380]  Because they're all lawyers together
[10:42.380 --> 10:50.380]  But if you file a complaint against one of the peripherals, well they'll throw them under the bus in a heartbeat
[10:50.380 --> 10:53.380]  Well, this sort of thing was going on
[10:53.380 --> 11:06.380]  And the reason for talking about Sharon Wilson is a woman filed an appeal and they had already used up every dime she had
[11:06.380 --> 11:11.380]  So she had filed for inability to pay and the court had granted the inability to pay
[11:11.380 --> 11:24.380]  But when she filed a notice of appeal, the clerk told her that in the appeals court, the ruling on inability to pay didn't apply, she had to file for another one
[11:24.380 --> 11:28.380]  Well, and because of that, refused to accept the filings
[11:28.380 --> 11:38.380]  Well, the problem was buried inside those filings was a request for an inability to pay
[11:38.380 --> 11:44.380]  But the clerk had no power not to file the documents
[11:44.380 --> 11:58.380]  So instead of going back to the clerk, they filed a complaint against the clerk and filed it in affidavit form into the public record, into the case
[11:58.380 --> 12:11.380]  And the district clerk, Wilder, apparently got really, really upset about this and wound up immediately filing the documents
[12:11.380 --> 12:19.380]  And subsequent to all of this, they filed a complaint with the district attorney
[12:19.380 --> 12:29.380]  And the other day, one of the people that are helping to fight this issue was in a restaurant and in the same restaurant downtown Fort Worth
[12:29.380 --> 12:34.380]  Was one of the judges, the particular judge in the case where they filed the complaints
[12:34.380 --> 12:44.380]  That judge and the judge's administrator and a couple of her friends were in the same restaurant a couple of tables away
[12:44.380 --> 12:53.380]  The investigator for the district attorney's office made it a point to come over to Jennifer
[12:53.380 --> 13:02.380]  And tell Jennifer in front of this judge that the district attorney was investigating these complaints against this judge and taking them serious
[13:02.380 --> 13:09.380]  And then subsequently, the woman Elizabeth was called into the district attorney's office about this issue
[13:09.380 --> 13:19.380]  It appears as though we actually have a district attorney who is in the process of doing exactly what she said she would do when she ran for office
[13:19.380 --> 13:22.380]  And I could not be more pleased
[13:22.380 --> 13:29.380]  We do have a couple of callers early on and I'm glad to see Jeff from Mississippi is on
[13:29.380 --> 13:31.380]  I want to see what's occurred in his case
[13:31.380 --> 13:33.380]  We're going to take Jeff from Mississippi
[13:33.380 --> 13:35.380]  Hello, Jeff
[13:35.380 --> 13:38.380]  Hey, Randy, thanks for having me on the show
[13:38.380 --> 13:44.380]  I take it you have not been beaten into unconsciousness and thrown on the who scale yet
[13:44.380 --> 13:50.380]  Well, no, my trial's over so things have kind of quieted down a little bit
[13:50.380 --> 13:54.380]  But I had a very interesting weekend
[13:54.380 --> 14:02.380]  During the trial, four times I told the judge that I'm going to need my attorney to file for a new trial
[14:02.380 --> 14:08.380]  And at the end of the trial, I repeated that, so that was my fourth time
[14:08.380 --> 14:13.380]  And the judge just told me that I would have to consult with my counsel
[14:13.380 --> 14:20.380]  He left, then my counsel turned around and ran out of the room and did not give me his email contact
[14:20.380 --> 14:32.380]  So five days went by and over the weekend, I receive an email from my lawyer that is his draft of my motion for a new trial
[14:32.380 --> 14:36.380]  However, we had burned up five days and it was over the weekend
[14:36.380 --> 14:40.380]  And at the bottom of the letter, he warns me you have to get this in by next Friday
[14:40.380 --> 14:48.380]  So like a mad hatter, I run around Monday and priority mail that and get it in
[14:48.380 --> 14:56.380]  However, I filed a bar complaint against him for refusing to file my paper himself
[14:56.380 --> 15:04.380]  Now my worry is, because I know they're going to play a trick, I know it
[15:04.380 --> 15:09.380]  So I'm worried that I'm going to get there and they're going to say, well, we never got your letter
[15:09.380 --> 15:13.380]  I did send a certified receipt priority
[15:13.380 --> 15:19.380]  Or they're going to say that something was wrong with it and I wanted to get your take on that
[15:19.380 --> 15:22.380]  And then I've got another question after that
[15:22.380 --> 15:28.380]  Okay, if you put it in the mail, they received it
[15:28.380 --> 15:33.380]  That's what the courts say, they trust the mail
[15:33.380 --> 15:40.380]  So if you put it in the mail, it's presumed, Mississippi is like every other state
[15:40.380 --> 15:47.380]  It's presumed filed either the day it's put in the mail or within a one day or two days after it
[15:47.380 --> 15:51.380]  They will have statute on that very issue
[15:51.380 --> 15:53.380]  Oh, great
[15:53.380 --> 15:57.380]  So that's not something they can do much of a song and dance with
[15:57.380 --> 16:04.380]  If you can establish that it was put in the mail in plenty of time to reach them before the deadline
[16:04.380 --> 16:06.380]  You are pretty well covered
[16:06.380 --> 16:10.380]  That'd be another thing you could appeal and that when you win
[16:10.380 --> 16:12.380]  Oh good, okay
[16:12.380 --> 16:27.380]  The appeals court is not going to want you to lose on a non-material technicality
[16:27.380 --> 16:29.380]  All right
[16:29.380 --> 16:32.380]  So that you should probably won't have much trouble
[16:32.380 --> 16:36.380]  They want to have a fight with it, but this gives you more you can raise for them
[16:36.380 --> 16:38.380]  Oh good, okay
[16:38.380 --> 16:40.380]  Okay, hang on, we're about to go to break
[16:40.380 --> 16:44.380]  This is Randy Kelton, Deborah Stevens, Wheel of Law Radio
[16:44.380 --> 16:47.380]  Our call is number 512-646-1984
[16:47.380 --> 16:50.380]  The Riddikicks phone is open all night
[16:50.380 --> 16:53.380]  So give us a call, we'll be right back
[16:53.380 --> 16:59.380]  Music
[16:59.380 --> 17:03.380]  Through advances in technology, our lives have greatly improved
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[18:57.380 --> 19:00.380]  To learn how to stop debt collectors now
[19:00.380 --> 19:11.380]  You are listening to the Logos Radio Network. LogosradioNetwork.com
[19:11.380 --> 19:34.380]  Music
[19:34.380 --> 19:57.380]  Music
[19:57.380 --> 19:59.380]  Okay, we are back
[19:59.380 --> 20:04.380]  We are at the Calvin Davis Stevens, Rule of Law Radio, and we are talking to Jeff in Mississippi
[20:04.380 --> 20:10.380]  Okay, that question about the filing that you should be okay there
[20:10.380 --> 20:13.380]  Good, okay
[20:13.380 --> 20:15.380]  Next question
[20:15.380 --> 20:20.380]  Next question is, it looks like
[20:20.380 --> 20:29.380]  Other than having to have that motion for a new trial, which usually doesn't take more than 10 minutes
[20:29.380 --> 20:34.380]  Looks like I'm going to have about a year and a half of downtime until it goes to the appeal
[20:34.380 --> 20:38.380]  And I wanted to know if I could start suing somebody
[20:38.380 --> 20:43.380]  Absolutely, you should get a WICO suit in the works
[20:43.380 --> 20:45.380]  Okay
[20:45.380 --> 20:49.380]  I'm going to suggest you do some research first
[20:49.380 --> 20:50.380]  All right
[20:50.380 --> 20:54.380]  Keep saying everything's political
[20:54.380 --> 21:00.380]  One of the things you want to put in some information requests
[21:00.380 --> 21:05.380]  The guy I work with here in Dallas, Fort Worth area
[21:05.380 --> 21:09.380]  He just come up with something that was genius
[21:09.380 --> 21:15.380]  And I beat myself over the head that I never thought of it before
[21:15.380 --> 21:22.380]  Request all of the emails of the judge and the prosecutor
[21:22.380 --> 21:26.380]  Back and forth between each other?
[21:26.380 --> 21:34.380]  Yeah, no, all of their emails for say a period of time during and before the trial
[21:34.380 --> 21:40.380]  Now what they're going to do is they're going to jump up and down and rail in righteous indignation
[21:40.380 --> 21:44.380]  The lawyer is going to claim work product
[21:44.380 --> 21:52.380]  But any communication between the prosecutor and the judge can't be considered work product
[21:52.380 --> 21:53.380]  Okay
[21:53.380 --> 21:56.380]  And he can't be discussing cases with the judge
[21:56.380 --> 22:02.380]  So you're going to have this big fight over whether they give you their emails or not
[22:02.380 --> 22:06.380]  And then ask for the clerk's emails
[22:06.380 --> 22:14.380]  These guys will have conniptions because even though those are government computers
[22:14.380 --> 22:20.380]  And they should be extremely careful about what they put in an email
[22:20.380 --> 22:22.380]  They never are
[22:22.380 --> 22:26.380]  Takes too much personal self-discipline
[22:26.380 --> 22:31.380]  Okay, so these are just all their emails like maybe a month before the trial?
[22:31.380 --> 22:32.380]  Yes
[22:32.380 --> 22:33.380]  Okay
[22:33.380 --> 22:36.380]  Do that one, that one was start a fight
[22:36.380 --> 22:37.380]  Okay
[22:37.380 --> 22:39.380]  And everything's political
[22:39.380 --> 22:47.380]  So I look at how can I create a lot of politics
[22:47.380 --> 22:51.380]  You might think creatively
[22:51.380 --> 23:01.380]  I'd like to ask for information that will cause the receiver of the request to scratch his head
[23:01.380 --> 23:06.380]  And think why is he asking for that?
[23:06.380 --> 23:11.380]  What does he know or suspect that I don't know about?
[23:11.380 --> 23:17.380]  For instance, I was in South Fort Worth a couple of days ago looking at a property
[23:17.380 --> 23:23.380]  And I was close to Judge Gary Ritchie's JP court
[23:23.380 --> 23:26.380]  And I had been tossed out of there a time or two
[23:26.380 --> 23:41.380]  So I went down and put in a request for all of the bailiffs assigned to the court from July to December of last year
[23:41.380 --> 23:51.380]  They looked at it for 20 minutes before they finally stamped it and initialed it and made me a copy
[23:51.380 --> 24:01.380]  And the clerk came back with it and gave it to me and said well, as is our policy, as is county policy
[24:01.380 --> 24:05.380]  We have to send this to the district attorney
[24:05.380 --> 24:14.380]  I said well that'll be fine but you need to understand that the district attorney needs to be timely
[24:14.380 --> 24:21.380]  As you have 15 days, I will not be reasonable, I will not be understanding
[24:21.380 --> 24:31.380]  On the 16th day, if I have not received a responsive answer, I will be going to the grand jury to re-understand each other
[24:31.380 --> 24:35.380]  It looked like I'd hit her with a brick
[24:35.380 --> 24:42.380]  She actually, first time I ever had a clerk stand there seemingly dumbfounded
[24:42.380 --> 24:46.380]  Yes sir, we understand, it's in a way
[24:46.380 --> 24:53.380]  So as soon as the judge was in, as soon as I left, she ran to him
[24:53.380 --> 24:58.380]  Or if he wasn't there, undoubtedly he got a phone call
[24:58.380 --> 25:07.380]  Because this is the judge that David, this guy I'm working with up here, had somebody call him
[25:07.380 --> 25:13.380]  And say, he was in Richie's court and he said, do you know a guy named Randy Kelton?
[25:13.380 --> 25:16.380]  And David said, well yeah I do, why?
[25:16.380 --> 25:19.380]  And the guy was Indian
[25:19.380 --> 25:23.380]  He said, I was in Richie's court and I had a turban on
[25:23.380 --> 25:27.380]  And they threw me, I wouldn't take it off because it's a religious thing
[25:27.380 --> 25:30.380]  And they threw me out of the courtroom
[25:30.380 --> 25:37.380]  And then the bailiff come out and ask if I was Randy Kelton, do you know who Randy Kelton is?
[25:37.380 --> 25:42.380]  So he had never, the judge had never seen me
[25:42.380 --> 25:49.380]  Since then he got the opportunity to see me and had me thrown out of the courthouse
[25:49.380 --> 25:57.380]  Anyway so, but I filed this request so that they'll be scratching their heads thinking
[25:57.380 --> 26:02.380]  Why did he want to see that?
[26:02.380 --> 26:07.380]  And I have no doubt they're going to put in a request to the attorney general
[26:07.380 --> 26:10.380]  And when they do I'll file against them
[26:10.380 --> 26:14.380]  Because the request in this case is frivolous
[26:14.380 --> 26:19.380]  So you create a lot of political pressure
[26:19.380 --> 26:23.380]  They don't have anything over you anymore
[26:23.380 --> 26:27.380]  Their part's done, now it's your turn
[26:27.380 --> 26:29.380]  Okay
[26:29.380 --> 26:34.380]  Try to, you need to put in some requests
[26:34.380 --> 26:40.380]  For other cases, a listing of all cases
[26:40.380 --> 26:45.380]  Where the defendant refused to plead guilty or noto contendi
[26:45.380 --> 26:48.380]  And refused to take a plea bargain
[26:48.380 --> 26:51.380]  Okay
[26:51.380 --> 26:53.380]  So that's two requests
[26:53.380 --> 27:00.380]  Or ask for, I'm trying to think of an innovative way to get to this
[27:00.380 --> 27:04.380]  What you want to do is get them asking themselves questions
[27:04.380 --> 27:06.380]  What is he looking for?
[27:06.380 --> 27:13.380]  What's this guy, he's trolling for something so he can beat us up with it, what is it?
[27:13.380 --> 27:23.380]  Ask for any reports that must be filed by the clerk's office
[27:23.380 --> 27:26.380]  Or the district attorney's office
[27:26.380 --> 27:31.380]  Or the probation department
[27:31.380 --> 27:40.380]  You want to find out the names of all people who have taken a deal
[27:40.380 --> 27:41.380]  Okay
[27:41.380 --> 27:46.380]  So what's the slickest way to get to that?
[27:46.380 --> 27:48.380]  Money
[27:48.380 --> 27:52.380]  Money, all people who take deals pay money
[27:52.380 --> 27:53.380]  Uh huh
[27:53.380 --> 27:58.380]  When they pay money, to whom do they pay money?
[27:58.380 --> 28:02.380]  The clerk
[28:02.380 --> 28:08.380]  Request an account of all fines, fees, I'm not sure
[28:08.380 --> 28:11.380]  That's filing fees and such
[28:11.380 --> 28:19.380]  But if you take a deal and you pay a fine, I guess that'll go to the clerk
[28:19.380 --> 28:20.380]  So you'd have
[28:20.380 --> 28:22.380]  I'll pay my fine to the clerk
[28:22.380 --> 28:28.380]  Okay, you'll have the clerk and you'll have the probation department
[28:28.380 --> 28:33.380]  Some of the most fun I had was at the probation department
[28:33.380 --> 28:39.380]  Oh, this was, you need to read your open records law for Mississippi
[28:39.380 --> 28:44.380]  And this time you read it for entertainment
[28:44.380 --> 28:47.380]  Because it has great entertainment value
[28:47.380 --> 28:55.380]  And I'll demonstrate how, I go to the probation office and I stand in line and I get up to the clerk and I said
[28:55.380 --> 28:58.380]  I need to see the person who runs this office
[28:58.380 --> 29:01.380]  She said, is there something I can do for you, yes ma'am
[29:01.380 --> 29:05.380]  You can get me the person that runs this office
[29:05.380 --> 29:08.380]  Well, sir, just what is it that you need?
[29:08.380 --> 29:16.380]  Oh, okay, I want to see all of the financial records for the Wise County Probation Department
[29:16.380 --> 29:19.380]  Well, who are you? I'm Randy Hilton
[29:19.380 --> 29:25.380]  Well, who are you with? And I look behind me, look back, there's nobody back there
[29:25.380 --> 29:29.380]  Well, why do you want to see this? Don't ask me that
[29:29.380 --> 29:32.380]  She said, well, I'm asking you that
[29:32.380 --> 29:34.380]  I know you're asking me that
[29:34.380 --> 29:37.380]  But I'm going to pretend like I didn't hear you ask me that
[29:37.380 --> 29:42.380]  Because if you actually asked me that, I'd have to take out my phone and dial 9-1-1
[29:42.380 --> 29:46.380]  And ask the police to come out here and arrest you for violating an open records act
[29:46.380 --> 29:49.380]  Who runs this office?
[29:49.380 --> 29:53.380]  She said, Randy Moon, get him, boom, she's gone
[29:53.380 --> 29:55.380]  This guy comes out and says, can I help you?
[29:55.380 --> 30:00.380]  Yes, you can
[30:00.380 --> 30:04.380]  You must have been a beautiful baby
[30:04.380 --> 30:06.380]  You must have been a beautiful child
[30:06.380 --> 30:10.380]  These days a lot of parents are showing off their kids on the net
[30:10.380 --> 30:15.380]  I'm Dr. Catherine Albrecht and I'll be back to tell you why the practice could be dangerous
[30:15.380 --> 30:17.380]  Privacy is under attack
[30:17.380 --> 30:21.380]  When you give up data about yourself, you'll never get it back again
[30:21.380 --> 30:26.380]  And once your privacy is gone, you'll find your freedoms will start to vanish too
[30:26.380 --> 30:31.380]  So protect your rights, say no to surveillance and keep your information to yourself
[30:31.380 --> 30:34.380]  Privacy, it's worth hanging on to
[30:34.380 --> 30:37.380]  This public service announcement is brought to you by StartPage.com
[30:37.380 --> 30:41.380]  The private search engine alternative to Google, Yahoo and Bing
[30:41.380 --> 30:44.380]  Start over with StartPage
[30:44.380 --> 30:47.380]  The Internet can be a scary place
[30:47.380 --> 30:52.380]  Concerns about predators haven't stopped parents from posting their kids' pictures online
[30:52.380 --> 31:00.380]  A recent study by online security company AVG found that a shocking 92% of U.S. babies have an online presence by age 2
[31:00.380 --> 31:04.380]  A third of American mothers report posting snapshots of their newborns online
[31:04.380 --> 31:11.380]  And over 5% of U.S. babies have email addresses or online profiles years before they can even type
[31:11.380 --> 31:15.380]  Most of these parents merely want to share their happiness with friends and family
[31:15.380 --> 31:19.380]  But please give some thought to how strangers might abuse the information
[31:19.380 --> 31:22.380]  Play it safe and keep photos private
[31:22.380 --> 31:49.380]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com
[31:52.380 --> 32:00.380]  Call 888-910-4367 and see what our powder, seeds and oil can do for you only at SQSA.org
[32:00.380 --> 32:05.380]  Rule of Law Radio is proud to offer the rule of law traffic seminar
[32:05.380 --> 32:07.380]  In today's America we live in an us against them society
[32:07.380 --> 32:09.380]  And if we the people are ever going to have a free society
[32:09.380 --> 32:12.380]  Then we're going to have to stand and defend our own rights
[32:12.380 --> 32:15.380]  Among those rights are the right to travel freely from place to place
[32:15.380 --> 32:17.380]  The right to act in our own private capacity
[32:17.380 --> 32:19.380]  And most importantly the right to due process of law
[32:19.380 --> 32:22.380]  Traffic courts afford us the least expensive opportunity
[32:22.380 --> 32:25.380]  To learn how to enforce and preserve our rights through due process
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[32:28.380 --> 32:31.380]  Has put together the most comprehensive teaching tool available
[32:31.380 --> 32:33.380]  That will help you understand what due process is
[32:33.380 --> 32:35.380]  And how to hold the courts to the rule of law
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[33:37.380 --> 33:39.380]  Your power
[33:39.380 --> 33:42.380]  When you're gonna stop abuse
[33:42.380 --> 33:44.380]  Your power
[33:44.380 --> 33:47.380]  When you're gonna stop abuse
[33:47.380 --> 33:50.380]  Your power
[33:50.380 --> 33:53.380]  When you're gonna stop abuse
[33:53.380 --> 33:56.380]  Your power
[33:56.380 --> 34:01.380]  So please Mr. McClerood teach officers not to abuse their power
[34:01.380 --> 34:04.380]  Send a request to the leader
[34:04.380 --> 34:26.980]  Okay, we are back, Randy Felton, Debra Stevens, we were on our radio, we're talking to Jeff
[34:26.980 --> 34:31.100]  in Mississippi.
[34:31.100 --> 34:43.900]  And where was I, we had a busy break that time, Jeff I was telling a story.
[34:43.900 --> 34:44.900]  Yeah you were.
[34:44.900 --> 34:51.660]  Oh yeah, the probation, well Randy Moon came out, Randy Moon said, can I help you, I said
[34:51.660 --> 34:56.740]  yes, my name is Randy Felton and I need to see all your financial records, he said well
[34:56.740 --> 35:01.460]  who are you, I said Randy Felton, who are you with, and I looked behind me, looked back
[35:01.460 --> 35:06.980]  there's nobody there, well why do you want to see these, don't ask me that, he said look
[35:06.980 --> 35:11.380]  if you don't tell me why you want to see them I'm not going to show them to you, oh man
[35:11.380 --> 35:19.620]  you shouldn't have said that until I got my cell phone dialed 911 and asked, got the dispatcher
[35:19.620 --> 35:26.940]  for the Decatur police department and she recognized my voice, hello Mr. Kelton I'll
[35:26.940 --> 35:33.660]  get the chief for you, but thank you, and I told the chief where I was and I need you
[35:33.660 --> 35:38.940]  to send an officer out to arrest, hey you what did you say your name was, I remembered
[35:38.940 --> 35:49.580]  but I made him tell me anyway, the look on his face was absolutely priceless, there's
[35:49.580 --> 35:59.540]  nothing like setting them up and nailing a big time, so read your code, read the open
[35:59.540 --> 36:08.860]  records law, I suspect that every one of them is going to have a provision that says something
[36:08.860 --> 36:15.140]  similar to Texas, the custodian of the record may make no inquiry of the requester other
[36:15.140 --> 36:23.980]  than to determine his identity and the records sought, and that is reasonable because if
[36:23.980 --> 36:30.020]  you're investigating a public agency the last thing you want them to know is what you're
[36:30.020 --> 36:36.260]  looking for, because if you get what you're looking for and it's been adulterated they're
[36:36.260 --> 36:43.980]  compromised so you don't want them to know, but for me that works great because you want
[36:43.980 --> 36:50.500]  them to wonder what you're after and they will always assume something far worse than
[36:50.500 --> 36:57.340]  what's actually the problem and it gets them to do really stupid stuff, when you go to
[36:57.340 --> 37:02.100]  court they purport to hold you to root of law, they hold you to whatever BS they want
[37:02.100 --> 37:10.780]  to, they're not in court anymore, your turn, when you start holding them to rule of law
[37:10.780 --> 37:19.740]  they are absolutely unaccustomed to having to follow their own rules, so go to the probation
[37:19.740 --> 37:27.780]  department and give them an information request, I suggest that you make one up, but if records
[37:27.780 --> 37:32.180]  are open, they should be open and you ask for it and they give you the records, that's
[37:32.180 --> 37:35.580]  the way it works, so you go there and ask to see all these records and they're going
[37:35.580 --> 37:40.660]  to tell you that you have to give them a written request, so here you go, I'll hand it to them,
[37:40.660 --> 37:48.140]  always ask to whoever you give it to, date it, initial it, make me a copy so that I can
[37:48.140 --> 37:56.220]  establish that I'm here today, if you ever ask for records and they tell you that we
[37:56.220 --> 38:01.580]  don't have those records, then you immediately take out an information request and give them
[38:01.580 --> 38:08.260]  most of the records, and they're going to say well if we don't have them we can't produce
[38:08.260 --> 38:13.780]  them, I said that's right you can't, but you can give me a response that says that you
[38:13.780 --> 38:23.100]  have no records responsive to my request and then that will make me very happy, they're
[38:23.100 --> 38:26.700]  going to wonder why that will make you very happy.
[38:26.700 --> 38:34.980]  Well last year you had me walk my attorney into a trap and it worked, my attorney filed
[38:34.980 --> 38:41.220]  a motion to withdraw and you told me to go to that hearing and object and I did and the
[38:41.220 --> 38:47.540]  judge allowed the attorney to withdraw and then you said that I could possibly sue him
[38:47.540 --> 38:52.420]  over breach of contract and everything worked out just the way you said, so can I start
[38:52.420 --> 38:56.020]  to send a tort letter to that old attorney and maybe to the judge?
[38:56.020 --> 39:01.940]  Yes, sue the judge for breach of contract, that's wonderful.
[39:01.940 --> 39:11.020]  Now will this hurt my 1983 USC lawsuit later on?
[39:11.020 --> 39:13.140]  I don't want to screw something in the piece.
[39:13.140 --> 39:21.740]  This is totally separate, this is a tort claim action for breach of contract.
[39:21.740 --> 39:25.340]  Your Rico suit is a whole other animal.
[39:25.340 --> 39:27.940]  And that's against the judge and the attorney?
[39:27.940 --> 39:28.940]  Judge and the attorney.
[39:28.940 --> 39:34.700]  Okay, now the newspaper came out and said that I was an accomplice to murder, so I would
[39:34.700 --> 39:40.420]  like to sue the newspaper also, can I do that?
[39:40.420 --> 39:41.420]  Yes.
[39:41.420 --> 39:44.660]  Okay, so send them a tort letter?
[39:44.660 --> 39:46.380]  Send them a tort letter for slander.
[39:46.380 --> 39:47.380]  Slander, okay.
[39:47.380 --> 39:53.540]  Yeah, and what you're going to want to know from them is where they got this information
[39:53.540 --> 39:55.540]  and who vetted it.
[39:55.540 --> 40:02.780]  Well, it's funny because the article states that the district attorney gave them the information
[40:02.780 --> 40:08.540]  but then when I bargaged the district attorney, he sent them paperwork claiming that the journalists
[40:08.540 --> 40:10.300]  dug all that information up.
[40:10.300 --> 40:15.300]  So they're basically slinging back and forth at each other and during court, I called the
[40:15.300 --> 40:20.020]  district attorney to the stand and I held up the article and said, I wanted to question
[40:20.020 --> 40:23.900]  him and the judge refused to put him on the stand, but I said, I want to question him
[40:23.900 --> 40:27.820]  about this article that says that I was an accomplice to murder.
[40:27.820 --> 40:32.980]  So you got that on the record.
[40:32.980 --> 40:43.240]  They denied that I'm sure because it was not relevant to the criminal prosecution, however,
[40:43.240 --> 40:47.980]  you ran up the red flag in front of them.
[40:47.980 --> 40:55.540]  While the prosecutor has a certain amount of immunity, he doesn't have immunity for
[40:55.540 --> 41:00.540]  running his mouth in the public.
[41:00.540 --> 41:09.500]  So if he slandered you in public with a totally false assertion in order to deny you in a
[41:09.500 --> 41:14.660]  fair trial, you can have a whole lot of fun with this one.
[41:14.660 --> 41:17.660]  Where would I study on how to make a tort letter?
[41:17.660 --> 41:22.220]  Do you have an example or are there texts on Amazon that?
[41:22.220 --> 41:31.980]  No, just write up your lawsuit and take the court heading off the top and put a business
[41:31.980 --> 41:40.620]  letter heading and in place of the prayer that you've harmed me in this amount, make
[41:40.620 --> 41:45.300]  me hold or be sued.
[41:45.300 --> 41:50.220]  All a tort letter is, it's essentially an administrative remedy.
[41:50.220 --> 41:55.260]  The courts do not want you to use the courts as the remedy of first resort, but rather
[41:55.260 --> 41:57.460]  as a remedy of last resort.
[41:57.460 --> 42:04.940]  They want you to exercise administrative remedies.
[42:04.940 --> 42:16.300]  And the only administrative remedy you must exercise is a tort letter, notice and opportunity.
[42:16.300 --> 42:20.020]  Do you have samples on your website or do you know of a good website?
[42:20.020 --> 42:23.220]  No, no, just make up a lawsuit.
[42:23.220 --> 42:24.220]  Okay.
[42:24.220 --> 42:32.700]  Just pull down some breach of contract lawsuit from Mississippi and that'll get you Mississippi
[42:32.700 --> 42:33.700]  case law.
[42:33.700 --> 42:36.700]  That'll get you 90%.
[42:36.700 --> 42:37.700]  That'll give you the form.
[42:37.700 --> 42:44.220]  I suggest nobody write a lawsuit or motions and stuff from scratch.
[42:44.220 --> 42:50.060]  You want to go to the court and pull some suits and see how they're styled.
[42:50.060 --> 42:51.060]  You'll have...
[42:51.060 --> 42:52.060]  Breach of contract suits from the court.
[42:52.060 --> 42:53.060]  Pardon me?
[42:53.060 --> 42:56.860]  Breach of contract suits from the court.
[42:56.860 --> 42:57.860]  Some old case law.
[42:57.860 --> 43:05.540]  Yeah, Kate, well, you don't have to get one that, or the suits that have been filed into
[43:05.540 --> 43:11.860]  this court, best if it's in this court, because there will be those unwritten rules that nobody
[43:11.860 --> 43:18.940]  knows about, but the lawyers, you will find the suits filed in this court will follow
[43:18.940 --> 43:19.940]  all of those rules.
[43:19.940 --> 43:25.340]  So you just pull a couple of civil suits, go look at their civil docket and find some
[43:25.340 --> 43:31.100]  suits for breach of contract and go through a number of them.
[43:31.100 --> 43:34.300]  Ask the clerk to see the biggest ones they got.
[43:34.300 --> 43:35.300]  Okay.
[43:35.300 --> 43:36.300]  I want you guys...
[43:36.300 --> 43:37.300]  Okay.
[43:37.300 --> 43:38.300]  Okay.
[43:38.300 --> 43:39.300]  We're about to go to break.
[43:39.300 --> 43:40.300]  Okay.
[43:40.300 --> 43:41.300]  Okay.
[43:41.300 --> 43:44.700]  If you're done, we will move on, but keep us up to date on what goes on.
[43:44.700 --> 43:45.700]  All right.
[43:45.700 --> 43:46.700]  Thanks.
[43:46.700 --> 43:47.700]  Okay.
[43:47.700 --> 43:48.700]  Thank you, Jeff.
[43:48.700 --> 43:58.700]  Debra Stevens, Rule of Law Radio, I call it number 512-646-1984, we'll be right back.
[43:58.700 --> 44:07.900]  Hello, my name is Stuart Smith from naturespureorganics.com, and I would like to invite you to come by
[44:07.900 --> 44:12.860]  our store at 1904 Guadalupe Street, Sweet D, here in Austin, Texas, behind Brave New
[44:12.860 --> 44:16.780]  Books and Chase Bank, to see all our fantastic health and wellness products with your very
[44:16.780 --> 44:17.780]  own eyes.
[44:17.780 --> 44:22.580]  Have a look at our Miracle Healing Clay that started our adventure in alternative medicine.
[44:22.580 --> 44:26.580]  Take a peek at some of our other wonderful products, including our Australian Emu oil,
[44:26.580 --> 44:30.300]  lotion candles, olive oil soaps, and colloidal silver and gold.
[44:30.300 --> 44:37.500]  Call 512-264-4043 or find us online at naturespureorganics.com.
[44:37.500 --> 44:43.140]  That's 512-264-4043, naturespureorganics.com.
[44:43.140 --> 44:47.700]  Don't forget to like us on Facebook for information on events and our products.
[44:47.700 --> 44:48.700]  Naturespureorganics.com.
[45:18.700 --> 45:19.700]  for watching.
[45:19.700 --> 45:20.700]  Thank you.
[45:20.700 --> 45:21.700]  And if you're a little shy, just let me know.
[45:21.700 --> 45:22.700]  Thank you.
[45:22.700 --> 45:23.700]  And we'll see you again soon.
[45:23.700 --> 45:24.700]  Bye.
[45:24.700 --> 45:25.700]  Bye.
[45:25.700 --> 45:26.700]  Bye.
[45:26.700 --> 45:27.700]  Bye.
[45:27.700 --> 45:28.700]  Bye.
[45:28.700 --> 45:29.700]  Bye.
[45:29.700 --> 45:30.700]  Bye.
[45:30.700 --> 45:31.700]  Bye.
[45:31.700 --> 45:32.700]  Bye.
[45:32.700 --> 45:33.700]  Bye.
[45:33.700 --> 45:34.700]  Bye.
[45:34.700 --> 45:35.700]  Bye.
[45:35.700 --> 45:36.700]  Bye.
[45:36.700 --> 45:37.700]  Bye.
[45:37.700 --> 45:38.700]  Bye.
[45:38.700 --> 45:39.700]  Bye.
[45:39.700 --> 45:40.700]  Bye.
[45:40.700 --> 45:41.700]  Bye.
[45:41.700 --> 45:42.700]  Bye.
[45:42.700 --> 45:43.700]  Bye.
[45:43.700 --> 45:44.700]  Bye.
[45:44.700 --> 45:45.700]  Bye.
[45:45.700 --> 45:46.700]  Bye.
[45:46.700 --> 45:47.700]  Bye.
[45:47.700 --> 45:48.700]  Bye.
[45:48.700 --> 45:49.700]  Bye.
[45:49.700 --> 45:50.700]  Bye.
[45:50.700 --> 46:16.700]  Bye.
[46:16.700 --> 46:31.700]  We're going to go to Tommy in Texas.
[46:31.700 --> 46:32.700]  Hello, Tommy.
[46:32.700 --> 46:35.700]  What do you have for us today?
[46:35.700 --> 46:36.700]  Hey, Randy.
[46:36.700 --> 46:37.700]  Thanks for taking my call.
[46:37.700 --> 46:38.700]  Appreciate it.
[46:38.700 --> 46:48.700]  I am currently being prosecuted in the Justice of the Peace Court in Harris County, Texas.
[46:48.700 --> 46:57.700]  And while I was inspecting the record, the files, I came across an affidavit of probable
[46:57.700 --> 47:05.700]  cause with a copy of the citation attached to it that the officer had filed with the
[47:05.700 --> 47:06.700]  court.
[47:06.700 --> 47:14.700]  The offense date is 9-11-2014 at 730 at night.
[47:14.700 --> 47:22.700]  And it was sworn to by a notary at the courthouse in records.
[47:22.700 --> 47:25.700]  And this is on a weekday.
[47:25.700 --> 47:28.700]  They close at 5.
[47:28.700 --> 47:33.700]  And it says it was sworn and subscribed on the same day.
[47:33.700 --> 47:37.700]  But this occurred two and a half hours after the office closed.
[47:37.700 --> 47:44.700]  So I'm thinking this officer is driving around with a stack of pre-notarized forms that he
[47:44.700 --> 47:47.700]  just puts the citation on.
[47:47.700 --> 47:48.700]  Okay.
[47:48.700 --> 47:49.700]  Suggestion.
[47:49.700 --> 47:50.700]  Yes.
[47:50.700 --> 48:07.700]  Do a request for the hours that this particular person, a notary, do a request form for all
[48:07.700 --> 48:12.700]  of the hours that they put in and any overtime.
[48:12.700 --> 48:13.700]  Okay.
[48:13.700 --> 48:14.700]  I've done that already.
[48:14.700 --> 48:17.700]  I did that today.
[48:17.700 --> 48:24.700]  Also on this, because I was not there, it was my automobile was parked.
[48:24.700 --> 48:30.700]  And it says this violator's signature says driver not present.
[48:30.700 --> 48:39.700]  But then under the affidavit of probable cause, which is, it says that he arrested the violator
[48:39.700 --> 48:43.700]  and issued the citation that at the time of the arrest, he asked the violator's identity
[48:43.700 --> 48:48.700]  and the violator gave the personal information shown on the citation that he looked at the
[48:48.700 --> 48:53.700]  violator and described the violator as shown on the citation.
[48:53.700 --> 48:57.700]  So there's stuff on here.
[48:57.700 --> 48:58.700]  Okay.
[48:58.700 --> 48:59.700]  Wait a minute.
[48:59.700 --> 49:00.700]  Is this a parking ticket?
[49:00.700 --> 49:03.700]  It's a parking ticket.
[49:03.700 --> 49:07.700]  This is great.
[49:07.700 --> 49:13.700]  So how did you know to show up at court?
[49:13.700 --> 49:24.700]  Well, my daughter sent me a copy of it in the email and I called the court and they said,
[49:24.700 --> 49:28.700]  oh, you missed your date, your court date.
[49:28.700 --> 49:32.700]  And so I ended up showing up and filing some stuff in the record, which really got them
[49:32.700 --> 49:38.700]  all up in the arms because they're not used to people filing the demand for information
[49:38.700 --> 49:43.700]  and nature and cause of the violation.
[49:43.700 --> 49:51.700]  And the judge, me and the judge got into a shouting match.
[49:51.700 --> 49:53.700]  That's basically how I found out about it.
[49:53.700 --> 49:54.700]  Wait a minute.
[49:54.700 --> 50:00.700]  Judge got in and shouted at you?
[50:00.700 --> 50:01.700]  Yeah, he did.
[50:01.700 --> 50:03.700]  He says, what is all of this about?
[50:03.700 --> 50:06.700]  I said, I'm just filing stuff into the record.
[50:06.700 --> 50:07.700]  Are you recording this?
[50:07.700 --> 50:08.700]  I said, yeah.
[50:08.700 --> 50:09.700]  Did I turn that off?
[50:09.700 --> 50:10.700]  I said, I will not.
[50:10.700 --> 50:17.700]  I said, you're a public servant and that's my right to record this.
[50:17.700 --> 50:21.700]  I just want to file this in the record and then I'm gone.
[50:21.700 --> 50:22.700]  And then he takes...
[50:22.700 --> 50:23.700]  Oh, hold on, hold on.
[50:23.700 --> 50:25.700]  Were you in court?
[50:25.700 --> 50:29.700]  No, I was standing at the court clerk window.
[50:29.700 --> 50:33.700]  And the judge came and talked to you?
[50:33.700 --> 50:36.700]  Yeah, because the court clerk asked me to stop recording.
[50:36.700 --> 50:37.700]  I told her no.
[50:37.700 --> 50:39.700]  So then she made the call to the judge.
[50:39.700 --> 50:44.700]  And then he took all those documents that he ran over to where the assistant DA was
[50:44.700 --> 50:46.700]  and started talking to her.
[50:46.700 --> 50:52.700]  And then he sat in there when I went down and filed my copy with the DA.
[50:52.700 --> 50:56.700]  And then right there he said, she said, how do you plead?
[50:56.700 --> 50:57.700]  I said, I can't plead.
[50:57.700 --> 50:59.700]  I don't understand the charges against me.
[50:59.700 --> 51:00.700]  I've seen no information.
[51:00.700 --> 51:01.700]  I haven't even seen a complaint.
[51:01.700 --> 51:11.700]  And the judge says, go ahead and plead him not guilty.
[51:11.700 --> 51:16.700]  I would file a judicial conduct complaint against the judge at least.
[51:16.700 --> 51:20.700]  Yeah.
[51:20.700 --> 51:22.700]  He was a visiting judge.
[51:22.700 --> 51:27.700]  I don't let judges raise their voice to me anymore.
[51:27.700 --> 51:33.700]  I have been dumb in the past and let that happen, but not anymore.
[51:33.700 --> 51:34.700]  They're the servant.
[51:34.700 --> 51:37.700]  I'm the master.
[51:37.700 --> 51:43.700]  If the judge is unable to control his personal passions, just get down off that bench
[51:43.700 --> 51:48.700]  and cause yourself to be replaced by the fair, honest, and competent judge
[51:48.700 --> 51:53.700]  that I have a right to in the first instance as you are incompetent
[51:53.700 --> 51:59.700]  due to inability to control your personal passions.
[51:59.700 --> 52:05.700]  And then I submitted a public information request for a copy of his oath of office
[52:05.700 --> 52:08.700]  and bond and his statement.
[52:08.700 --> 52:11.700]  And I handed it to the court clerk and she ran off.
[52:11.700 --> 52:14.700]  And then the assistant DA comes in there and says, what do you want?
[52:14.700 --> 52:19.700]  I said, I want to see a copy of his oath of office.
[52:19.700 --> 52:22.700]  He says, you're not going to get it.
[52:22.700 --> 52:28.700]  That should get a class A misdemeanor complaint against the DA.
[52:28.700 --> 52:32.700]  They ended up sending it to me, but he said, you're going to get it.
[52:32.700 --> 52:34.700]  I said, well, you've got 10 days to give it to me.
[52:34.700 --> 52:40.700]  He says, no, I think the day before trial will be just fine for you.
[52:40.700 --> 52:44.700]  Well, Bubba, wish he had that works for you.
[52:44.700 --> 52:51.700]  It's just a good thing I'm not here dangling by my bar of garbage.
[52:51.700 --> 52:55.700]  That should get a bond grievance against the attorney.
[52:55.700 --> 52:58.700]  And I don't talk to prosecutors.
[52:58.700 --> 53:02.700]  If a prosecutor wants to talk to me, he hit the road.
[53:02.700 --> 53:07.700]  Well, I don't see what authority he has going to be a court clerk.
[53:07.700 --> 53:09.700]  Yeah, I thought he was a clerk.
[53:09.700 --> 53:21.700]  If he says or does anything, go back and read 3605, 3606 penal, Texas penal code.
[53:21.700 --> 53:23.700]  Okay.
[53:23.700 --> 53:30.700]  If anybody says or does anything that would tend to,
[53:30.700 --> 53:37.700]  that a reasonable person of ordinary prudence would consider to be threatening or intimidating,
[53:37.700 --> 53:47.700]  and they do so for the purpose of preventing you from acting as a witness or to obstruct justice.
[53:47.700 --> 53:51.700]  Both of those are felonies.
[53:51.700 --> 53:58.700]  So if I'm, when I go to the go to the clerk's office to file a complaint, file documents,
[53:58.700 --> 54:01.700]  sometimes they'll call bailiffs.
[54:01.700 --> 54:08.700]  And if the bailiff says two words to me, I told him, you stand down.
[54:08.700 --> 54:11.700]  If I need you, I will summon you.
[54:11.700 --> 54:13.700]  But until I do, you're dismissed.
[54:13.700 --> 54:14.700]  You can go.
[54:14.700 --> 54:16.700]  I get one more word out of him.
[54:16.700 --> 54:20.700]  I call 911.
[54:20.700 --> 54:21.700]  Wow.
[54:21.700 --> 54:25.700]  That's obstruction.
[54:25.700 --> 54:36.700]  You see, he forgets he's wearing a loaded pistol and he's prominently displaying that loaded pistol.
[54:36.700 --> 54:44.700]  If he says anything that a reasonable person of ordinary prudence would consider threatening or intimidating,
[54:44.700 --> 54:46.700]  that's simple assault.
[54:46.700 --> 54:49.700]  Or if he touches me.
[54:49.700 --> 54:59.700]  If he does that while prominently displaying a deadly weapon when he is acting under the color or pretense of an official authority,
[54:59.700 --> 55:03.700]  that's a second degree felony in the state of Texas.
[55:03.700 --> 55:12.700]  Unless he is a public official acting under the color of an official authority,
[55:12.700 --> 55:20.700]  in which case it's a felony of the first degree.
[55:20.700 --> 55:23.700]  22 to P2A.
[55:23.700 --> 55:27.700]  You want to dance, Bubba?
[55:27.700 --> 55:31.700]  I'll welcome you to the deep end of the pool.
[55:31.700 --> 55:38.700]  As far as this affidavit of probable cause that the deputy filed with the court,
[55:38.700 --> 55:44.700]  is this enough to get him discredited as a witness for filing a fraudulent?
[55:44.700 --> 55:46.700]  Absolutely.
[55:46.700 --> 55:57.700]  If you can show, if you check the employment records and you don't find overtime for that day,
[55:57.700 --> 56:08.700]  or you might ask if you can find a way to ask if anybody stays overtime.
[56:08.700 --> 56:13.700]  When they close the office, does everybody go home?
[56:13.700 --> 56:25.700]  If somebody tells you yes, now you have reasonable probable cause to believe that no one was there on that day at that time.
[56:25.700 --> 56:28.700]  It is very likely.
[56:28.700 --> 56:36.700]  One thing I don't understand is why they actually have a notary.
[56:36.700 --> 56:45.700]  Because it is in statute that when a police officer writes a citation or files an affidavit,
[56:45.700 --> 56:53.700]  while he is acting in his official capacity, not under the color,
[56:53.700 --> 56:58.700]  while he is acting in his official capacity, that is presumed to be under oath.
[56:58.700 --> 57:02.700]  So it's not necessary that it be notarized.
[57:02.700 --> 57:07.700]  The fact that it is, is surprising.
[57:07.700 --> 57:14.700]  But even if it's not necessary, if it's fraudulent, it's fraudulent.
[57:14.700 --> 57:21.700]  Whether it's material or necessary or any of that other stuff, irrelevant.
[57:21.700 --> 57:30.700]  A fraudulent document doesn't stop being a fraudulent document just because they didn't need to file it.
[57:30.700 --> 57:33.700]  Once they filed it, that bill has been wrung.
[57:33.700 --> 57:37.700]  So you might have fun with that.
[57:37.700 --> 57:43.700]  But always keep in mind when you go into court, the judge himself, he's a public official.
[57:43.700 --> 57:51.700]  I had a judge recently accuse me of threatening him when I told him we'll see what Travis County has to say about that.
[57:51.700 --> 57:55.700]  He threatened me and he called the bailiff over to have me arrested.
[57:55.700 --> 57:59.700]  I told him, no, no, no, we're just preparing a white paper for the legislature.
[57:59.700 --> 58:01.700]  And then he backed up.
[58:01.700 --> 58:06.700]  Sorry, Bubba, that bill has already been wrung.
[58:06.700 --> 58:14.700]  So I'm going to file first degree felony aggravated assault against the arrogant little twit.
[58:14.700 --> 58:18.700]  And we'll see if he can't tear a little of his honor off.
[58:18.700 --> 58:24.700]  We'll see if he's as arrogant with a grand jury as he was with you.
[58:24.700 --> 58:26.700]  Go ahead, grab about 30 seconds.
[58:26.700 --> 58:29.700]  I'll let you get to the next caller. Thank you very much for answering the call for me.
[58:29.700 --> 58:32.700]  Okay, thank you, Tommy.
[58:32.700 --> 58:34.700]  And keep us up to date on what happens.
[58:34.700 --> 58:37.700]  This is Randy Kelton, Deborah Stevens, Wheel of Our Radio.
[58:37.700 --> 58:41.700]  Our call in number, 512-646-1984.
[58:41.700 --> 58:43.700]  Mark, Sarah, Chuck, I see you there.
[58:43.700 --> 58:45.700]  We're going to try to get to everybody.
[58:45.700 --> 58:49.700]  We'll be right back.
[58:49.700 --> 58:53.700]  The Bible remains the most popular book in the world.
[58:53.700 --> 58:57.700]  Yet countless readers are frustrated because they struggle to understand it.
[58:57.700 --> 59:01.700]  Some new translations try to help by simplifying the text.
[59:01.700 --> 59:06.700]  But in the process can compromise the profound meaning of the Scripture.
[59:06.700 --> 59:08.700]  Enter the recovery version.
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[59:21.700 --> 59:27.700]  providing an entrance into the riches of the Word beyond which you've ever experienced before.
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[59:43.700 --> 59:47.700]  or by ordering online at freestudybible.com.
[59:47.700 --> 59:52.700]  That's freestudybible.com.
[59:52.700 --> 59:55.700]  You're listening to the Logos Radio Network.
[59:55.700 --> 59:59.700]  At logosradionetwork.com.
[01:00:05.700 --> 01:00:09.700]  Following these flashes brought to you by the Lone Star Lowdown.
[01:00:09.700 --> 01:00:13.700]  Providing your daily bulletins for the commodities market.
[01:00:13.700 --> 01:00:25.700]  Today in history, news updates and the inside scoop into the tides of the alternative.
[01:00:25.700 --> 01:00:29.700]  Markets opened up today with gold at $1,215.36 an ounce.
[01:00:29.700 --> 01:00:32.700]  Silver, $17.15 an ounce.
[01:00:32.700 --> 01:00:35.700]  Texas crude, $60.75 a barrel.
[01:00:35.700 --> 01:00:44.700]  Bitcoin is currently sitting at about $243 U.S. currency.
[01:00:44.700 --> 01:00:52.700]  Today in history, Saturday, May 13, 1989, approximately 2,000 students begin hunger strike in Tiananmen Square, China.
[01:00:52.700 --> 01:00:59.700]  These student strikes led to the infamous picture taken by Jeff Weidner of a Chinese man standing up to four Chinese tanks
[01:00:59.700 --> 01:01:01.700]  armed only with what appeared to be a grocery bag.
[01:01:01.700 --> 01:01:04.700]  The brave individual was scooped up by secret police.
[01:01:04.700 --> 01:01:12.700]  It is widely speculated that he was murdered by the regime.
[01:01:12.700 --> 01:01:17.700]  In recent news, Cody Wilson, famous for working on projects like the Bitcoin Wallet Dark Wallet
[01:01:17.700 --> 01:01:22.700]  and starting up his company Defense Distributed, which recently had issues with UPS and FedEx
[01:01:22.700 --> 01:01:27.700]  when they refused being carriers for their Ghost Gunner countertop CNC machine,
[01:01:27.700 --> 01:01:32.700]  has sued along with the Second Amendment Foundation, the State Department, and a federal court in Texas last week
[01:01:32.700 --> 01:01:40.700]  over the department asking Wilson back in 2013 to refrain from publishing CAD files to make 3D guns on his website,
[01:01:40.700 --> 01:01:45.700]  claiming that doing so might make him essentially an illegal international arms trafficker
[01:01:45.700 --> 01:01:47.700]  under international traffic and arms regulations.
[01:01:47.700 --> 01:01:53.700]  The State Department advised they would have a response for the pending investigation within 90 days.
[01:01:53.700 --> 01:01:57.700]  Waiting two years with no resolution, Cody, along with the Second Amendment Foundation,
[01:01:57.700 --> 01:02:05.700]  have decided to go ahead and sue the State Department for infringements on free speech.
[01:02:05.700 --> 01:02:09.700]  Internal police investigations in Mexico have shown that the departments cannot compete
[01:02:09.700 --> 01:02:11.700]  with the bribes cartels are willing to cough up.
[01:02:11.700 --> 01:02:19.700]  Public Safety Secretary of Mexico, Canaro Garcia Luna, said organized crime pays some 1.27 billion pesos,
[01:02:19.700 --> 01:02:23.700]  or about $100 million a month, to municipal police because that's the portion of the salary
[01:02:23.700 --> 01:02:26.700]  the government does not pay the officers so they can live with dignity.
[01:02:26.700 --> 01:02:41.700]  Apparently, the Secretary believes that raising salaries will curb corruption.
[01:02:41.700 --> 01:02:44.700]  The Lone Star Lowdown is currently looking for sponsors.
[01:02:44.700 --> 01:02:47.700]  If you have a product or a service that you would like to advertise on the Lowdown,
[01:02:47.700 --> 01:02:52.700]  feel free to give us a call at 210-863-5617.
[01:02:52.700 --> 01:03:18.700]  This has been your Lowdown for May 13, 2015.
[01:03:18.700 --> 01:03:23.700]  Okay, we are back. Randy Kelton, Debra Stevens, Rudolfo Radio,
[01:03:23.700 --> 01:03:31.700]  and we're going to Mark in Texas. Hello, Mark. What do you have for us today?
[01:03:31.700 --> 01:03:33.700]  Good evening and thank you.
[01:03:33.700 --> 01:03:36.700]  I've got a few elementary questions I wanted to bounce off of you,
[01:03:36.700 --> 01:03:41.700]  and thank you for all the help you've given me over the last few months.
[01:03:41.700 --> 01:03:47.700]  If I might, I wanted to ask you because I have a foreclosure hearing that's coming up later this month,
[01:03:47.700 --> 01:03:53.700]  and there's something as I look at everything that seems very puzzling to me,
[01:03:53.700 --> 01:04:01.700]  and it's that I have a case where the original complaint was made in 2013.
[01:04:01.700 --> 01:04:08.700]  It was filed past the statute of limitations based on the face value of the original complaint,
[01:04:08.700 --> 01:04:11.700]  and then nine months later it was dismissed by the judge,
[01:04:11.700 --> 01:04:16.700]  and I filed a motion to dismiss based on statute of limitations.
[01:04:16.700 --> 01:04:20.700]  It was reopened shortly thereafter, and it was reopened...
[01:04:20.700 --> 01:04:25.700]  Wait, hold on. It was dismissed in court?
[01:04:25.700 --> 01:04:30.700]  Yeah, it was dismissed, and it was an unopposed motion.
[01:04:30.700 --> 01:04:38.700]  Was it dismissed at least 30 days before it was reopened?
[01:04:38.700 --> 01:04:48.700]  I think so, yeah. I mean, they made their motion to reopen within the time required. I know that.
[01:04:48.700 --> 01:04:50.700]  If that was what you were asking.
[01:04:50.700 --> 01:04:52.700]  Oh, okay.
[01:04:52.700 --> 01:04:53.700]  Yeah.
[01:04:53.700 --> 01:04:57.700]  After 30 days, court loses plenary jurisdiction.
[01:04:57.700 --> 01:05:03.700]  Ah, okay. Well, I don't think I had much to attack there. I missed...
[01:05:03.700 --> 01:05:12.700]  Wait, hold on. Did they file an appeal to the dismissal?
[01:05:12.700 --> 01:05:21.700]  Actually, you know, sometimes I'm not thinking, and you just had my mind jogged quite nicely.
[01:05:21.700 --> 01:05:26.700]  I believe they had 60 days by statute in the state according to the rules,
[01:05:26.700 --> 01:05:33.700]  but if they lose plenary jurisdiction within that 30 days, I need to do some homework on that.
[01:05:33.700 --> 01:05:41.700]  They attempted, the plaintiffs, attempted to actually non-suit this case right after...
[01:05:41.700 --> 01:05:44.700]  Okay, wait a minute. Hold on. Is this a criminal or civil?
[01:05:44.700 --> 01:05:46.700]  It's civil.
[01:05:46.700 --> 01:05:47.700]  Okay.
[01:05:47.700 --> 01:05:55.700]  Okay. So, essentially, it's a foreclosure lawsuit, and them asking for damages.
[01:05:55.700 --> 01:06:01.700]  Hold on. Okay. So, the foreclosing party attempted to non-suit.
[01:06:01.700 --> 01:06:05.700]  Did the judge deny their non-suit?
[01:06:05.700 --> 01:06:09.700]  The judge granted their non-suit, signed their motion.
[01:06:09.700 --> 01:06:15.700]  I looked up the civil procedure on that, and then I argued...
[01:06:15.700 --> 01:06:18.700]  Okay. Hold on. Let's get a timeline.
[01:06:18.700 --> 01:06:27.700]  When did he grant the motion to non-suit? Before or after the dismissal?
[01:06:27.700 --> 01:06:31.700]  Oh, it was after the dismissal. Yeah.
[01:06:31.700 --> 01:06:38.700]  Collateral estoppel. You can't dismiss a case that has been adjudicated.
[01:06:38.700 --> 01:06:44.700]  Right. That's what I argued, and then it was, I don't know if the proper term would be remanded,
[01:06:44.700 --> 01:06:52.700]  but it was nullified. And then, shortly after that, they made a motion to reopen the case.
[01:06:52.700 --> 01:06:58.700]  Okay. Hold on. How did the ruling get nullified?
[01:06:58.700 --> 01:07:09.700]  I wrote a letter to the court, and then I found that it was actually remanded, if that's the right word.
[01:07:09.700 --> 01:07:12.700]  I missed that. It was what?
[01:07:12.700 --> 01:07:21.700]  It was, I don't know if remanded is the proper word, but it was essentially struck by the judge.
[01:07:21.700 --> 01:07:30.700]  The judge took back his signing of their motion to non-suit, because according to the rules of civil procedure,
[01:07:30.700 --> 01:07:37.700]  if something had been dismissed, then it can't be non-suited unless it's done with prejudice,
[01:07:37.700 --> 01:07:42.700]  which means they can't bring the suit back.
[01:07:42.700 --> 01:07:47.700]  Wait a minute. I missed part. It can't be non-suited with prejudice?
[01:07:47.700 --> 01:07:52.700]  Oh, no, no. According to the rules of civil procedure that I had read, and I cited it,
[01:07:52.700 --> 01:07:58.700]  I said this case can't be non-suited because it's already been dismissed.
[01:07:58.700 --> 01:08:05.700]  They were essentially trying to pretend like they didn't know that I had made this motion,
[01:08:05.700 --> 01:08:10.700]  and I think at some level. It was an unopposed motion to...
[01:08:10.700 --> 01:08:16.700]  Oh, okay. It was a default ruling.
[01:08:16.700 --> 01:08:17.700]  Yeah.
[01:08:17.700 --> 01:08:26.700]  So did they file a motion with the court objecting to the default motion?
[01:08:26.700 --> 01:08:33.700]  No. They didn't do that. They tried to non-suit it, and then once that was...
[01:08:33.700 --> 01:08:41.700]  Hold on. Are you saying that the court reversed its own ruling su sponte?
[01:08:41.700 --> 01:08:47.700]  I may be saying that. I don't know what the Latin you're using means, and I need to look it up.
[01:08:47.700 --> 01:08:56.700]  The court, yes, reversed its own ruling to non-suit the case, and then they filed a motion to reopen.
[01:08:56.700 --> 01:09:07.700]  This motion to reopen is in violation of statute requiring that they have a prima facie or valid cause of action.
[01:09:07.700 --> 01:09:10.700]  They never had a valid cause of action.
[01:09:10.700 --> 01:09:13.700]  Since they're already out of time.
[01:09:13.700 --> 01:09:14.700]  Two days.
[01:09:14.700 --> 01:09:22.700]  Yeah. So now there is no cause of action because the cause of action has expired.
[01:09:22.700 --> 01:09:26.700]  That I'm curious about.
[01:09:26.700 --> 01:09:29.700]  Okay. This is a foreclosure case?
[01:09:29.700 --> 01:09:30.700]  Yes.
[01:09:30.700 --> 01:09:39.700]  When did the subject property receive a notice of default?
[01:09:39.700 --> 01:09:47.700]  Oh, it was... The original notice of default was in 2006.
[01:09:47.700 --> 01:09:54.700]  On the face of the complaint, they said that the last payment was paid in 2007.
[01:09:54.700 --> 01:10:02.700]  They filed the suit in 2013, six years, well past the five-year statute of limitations.
[01:10:02.700 --> 01:10:07.700]  You're in Texas. There's a four-year statute of limitations.
[01:10:07.700 --> 01:10:09.700]  This is in Arkansas.
[01:10:09.700 --> 01:10:13.700]  Oh, that's right. The property was in Arkansas. Okay.
[01:10:13.700 --> 01:10:15.700]  You talked to me before. I know you remember.
[01:10:15.700 --> 01:10:17.700]  Okay. Now I remember.
[01:10:17.700 --> 01:10:21.700]  What I was wondering and what's puzzling.
[01:10:21.700 --> 01:10:28.700]  The case was reopened and I couldn't... I didn't at the time in ignorance.
[01:10:28.700 --> 01:10:35.700]  I did not argue or file a motion to argue against the case being reopened.
[01:10:35.700 --> 01:10:42.700]  The judge signed it within two days and I thought, oh, this judge has got it in for me and now I don't know what to do.
[01:10:42.700 --> 01:10:45.700]  I tried looking for an attorney.
[01:10:45.700 --> 01:10:50.700]  Couldn't find anybody in the entire state who really knew anything about this.
[01:10:50.700 --> 01:10:53.700]  There are plenty of people who wanted to take me bankrupt.
[01:10:53.700 --> 01:10:59.700]  I knew I had a case because I had already learned that from talking to you guys.
[01:10:59.700 --> 01:11:02.700]  Anyway, what I'm curious about.
[01:11:02.700 --> 01:11:10.700]  Hey, you may remember I talked to you and Steve back in December about a plea to the jurisdiction.
[01:11:10.700 --> 01:11:13.700]  Here's why that's so incredibly interesting.
[01:11:13.700 --> 01:11:17.700]  They've argued in their response to my most recent motion.
[01:11:17.700 --> 01:11:20.700]  I have a hearing coming up later in the month.
[01:11:20.700 --> 01:11:28.700]  They've argued that I didn't bring the statute of limitations defense in my original answer.
[01:11:28.700 --> 01:11:30.700]  That's a little bit of a cause for concern,
[01:11:30.700 --> 01:11:39.700]  but the judge has already ruled on the statute of limitations motion that I made almost a year ago.
[01:11:39.700 --> 01:11:41.700]  That's kind of interesting.
[01:11:41.700 --> 01:11:43.700]  I don't know where we are on that.
[01:11:43.700 --> 01:11:49.700]  I made an amended answer and that amended answer did mention the statute of limitations.
[01:11:49.700 --> 01:11:54.700]  The judge never ruled to accept my amendment or not accept it.
[01:11:54.700 --> 01:11:56.700]  That could be up in the air.
[01:11:56.700 --> 01:11:59.700]  That could be politically.
[01:11:59.700 --> 01:12:07.700]  Did you file a challenge to subject matter jurisdiction as a pleading as opposed to a motion?
[01:12:07.700 --> 01:12:09.700]  No.
[01:12:09.700 --> 01:12:10.700]  Let me explain this.
[01:12:10.700 --> 01:12:12.700]  There are three pleadings.
[01:12:12.700 --> 01:12:15.700]  The original suit is a pleading.
[01:12:15.700 --> 01:12:18.700]  The habeas corpus is a pleading.
[01:12:18.700 --> 01:12:20.700]  And a challenge subject matter jurisdiction.
[01:12:20.700 --> 01:12:23.700]  I'm sorry, habeas corpus.
[01:12:23.700 --> 01:12:26.700]  There's another one.
[01:12:26.700 --> 01:12:28.700]  Oh, double jeopardy.
[01:12:28.700 --> 01:12:30.700]  Double jeopardy is a pleading.
[01:12:30.700 --> 01:12:34.700]  And challenge subject matter jurisdiction is a pleading.
[01:12:34.700 --> 01:12:36.700]  It's not a motion.
[01:12:36.700 --> 01:12:41.700]  A motion invokes a subject matter jurisdiction of the court.
[01:12:41.700 --> 01:12:45.700]  It asks the court, it moves the court.
[01:12:45.700 --> 01:12:47.700]  You're not moving the court.
[01:12:47.700 --> 01:12:50.700]  You're saying the court has no power to move.
[01:12:50.700 --> 01:12:52.700]  That's a pleading.
[01:12:52.700 --> 01:13:00.700]  A challenge to subject matter jurisdiction may be filed at any time no matter how remote in history.
[01:13:00.700 --> 01:13:01.700]  Okay.
[01:13:01.700 --> 01:13:05.700]  Then what I believe what you file a challenge subject matter.
[01:13:05.700 --> 01:13:06.700]  Go ahead.
[01:13:06.700 --> 01:13:08.700]  I need to pull my motion.
[01:13:08.700 --> 01:13:10.700]  And I don't want to show up for this hearing anyway.
[01:13:10.700 --> 01:13:12.700]  It's inconvenient for me.
[01:13:12.700 --> 01:13:18.700]  But I want to possibly then pull my motion and file this pleading.
[01:13:18.700 --> 01:13:21.700]  And they would have 30 days to respond to that, I believe.
[01:13:21.700 --> 01:13:24.700]  Is that pretty much how that would work, you think?
[01:13:24.700 --> 01:13:25.700]  Yes.
[01:13:25.700 --> 01:13:28.700]  Whatever the time limit is to respond.
[01:13:28.700 --> 01:13:37.700]  But get the challenge subject matter jurisdiction and in filing the subject matter jurisdiction challenge,
[01:13:37.700 --> 01:13:42.700]  you set yourself at arm's length to the court.
[01:13:42.700 --> 01:13:47.700]  You notice the court that you come to the court at arm's length to the court.
[01:13:47.700 --> 01:13:52.700]  And that tells the court you're not accepting its jurisdiction.
[01:13:52.700 --> 01:13:54.700]  And you challenge its jurisdiction.
[01:13:54.700 --> 01:14:01.700]  I'm in email requesting my subject matter jurisdiction folder.
[01:14:01.700 --> 01:14:04.700]  And I will send you all my stuff on subject matter jurisdiction.
[01:14:04.700 --> 01:14:09.700]  I'll send you a couple motions I filed in that regard.
[01:14:09.700 --> 01:14:12.700]  Oh, that would be so fabulous.
[01:14:12.700 --> 01:14:18.700]  So shall I go with the email or how should I request it?
[01:14:18.700 --> 01:14:23.700]  Just put subject matter jurisdiction challenge.
[01:14:23.700 --> 01:14:26.700]  I get about 100 emails a day.
[01:14:26.700 --> 01:14:30.700]  So it's best if you put the subject line in all caps.
[01:14:30.700 --> 01:14:31.700]  Okay.
[01:14:31.700 --> 01:14:34.700]  I tend to pick up on those.
[01:14:34.700 --> 01:14:35.700]  Okay.
[01:14:35.700 --> 01:14:40.700]  I will absolutely do that and be honored to have it.
[01:14:40.700 --> 01:14:52.700]  I scoured Google Scholar and LexisNexis really and truly looking for cases that were truly applicable to mine.
[01:14:52.700 --> 01:14:53.700]  And it's not that easy.
[01:14:53.700 --> 01:15:00.700]  But there are a few that I decided that I might use that essentially will get the point across.
[01:15:00.700 --> 01:15:09.700]  Now, what I wanted to ask, I believe – well, here's what I'm so curious about.
[01:15:09.700 --> 01:15:19.700]  When they reopened this case, they changed their argument in their motion to reopen,
[01:15:19.700 --> 01:15:24.700]  stating that the date of default or the date of the last complaint – sorry,
[01:15:24.700 --> 01:15:30.700]  the date of last payment that would toll the statute of limitations was three years later.
[01:15:30.700 --> 01:15:40.700]  And what I'm wondering, and I want to ask you, if the judge has already dismissed the original complaint
[01:15:40.700 --> 01:15:48.700]  because it was passed the statute of limitations, they're making a motion to reopen this case with a new argument.
[01:15:48.700 --> 01:15:52.700]  Under those circumstances, should they have –
[01:15:52.700 --> 01:15:53.700]  Okay.
[01:15:53.700 --> 01:15:54.700]  Hold on.
[01:15:54.700 --> 01:16:04.700]  Did they make an – was the case dismissed before the other party – hold on.
[01:16:04.700 --> 01:16:06.700]  Let me back up a second.
[01:16:06.700 --> 01:16:08.700]  Who filed this action?
[01:16:08.700 --> 01:16:10.700]  Were you the defendant or the plaintiff?
[01:16:10.700 --> 01:16:12.700]  I'm the defendant.
[01:16:12.700 --> 01:16:13.700]  I'm the plaintiff.
[01:16:13.700 --> 01:16:14.700]  I'm the defendant now.
[01:16:14.700 --> 01:16:19.700]  Okay, so there can't be a default for lack of notice.
[01:16:19.700 --> 01:16:20.700]  Yeah.
[01:16:20.700 --> 01:16:30.700]  Did they make this argument when they filed the – in the original case before the case was dismissed?
[01:16:30.700 --> 01:16:32.700]  No.
[01:16:32.700 --> 01:16:35.700]  They didn't do anything before –
[01:16:35.700 --> 01:16:36.700]  Okay, hang on.
[01:16:36.700 --> 01:16:37.700]  We're about to go to break.
[01:16:37.700 --> 01:16:43.700]  When we come back, we're going to talk about challenging bringing that in at this late date.
[01:16:43.700 --> 01:16:49.700]  This is Randy Kelton, W. Stephen, Woodwell Radio, our caller number, 512-646-1984.
[01:16:49.700 --> 01:17:00.700]  We'll be right back.
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[01:19:24.700 --> 01:19:39.700]  Okay, we are back.
[01:19:39.700 --> 01:19:43.700]  Randy Kelton, Deborah Stevens, we're talking to Mark in Texas.
[01:19:43.700 --> 01:19:52.700]  They came to the court and brought information to the court, argued their case, and lost their case.
[01:19:52.700 --> 01:19:58.700]  And now they're coming back asking the court to reopen the case.
[01:19:58.700 --> 01:20:04.700]  The only way they'd be able to do that if they came with new information.
[01:20:04.700 --> 01:20:13.700]  New information, not information they already had available to them, but didn't bring.
[01:20:13.700 --> 01:20:20.700]  It has to be information that came to light after the dismissal.
[01:20:20.700 --> 01:20:28.700]  Otherwise, they're collaterally stopped from bringing that information at this late date.
[01:20:28.700 --> 01:20:32.700]  Can I ask you to clarify this just a little bit?
[01:20:32.700 --> 01:20:36.700]  Essentially, what happened is this.
[01:20:36.700 --> 01:20:44.700]  They made a, in their original complaint, they said the date of the last payment was 2007.
[01:20:44.700 --> 01:20:48.700]  And I made a response.
[01:20:48.700 --> 01:20:55.700]  In my response, I said that I had attempted to make a payment in 2010.
[01:20:55.700 --> 01:20:58.700]  It was not, however, to the original lender.
[01:20:58.700 --> 01:21:02.700]  There's a statute that fixes all this one way or another.
[01:21:02.700 --> 01:21:11.700]  But without getting into all that, in June, the judge finally ruled on a motion I made for this to be dismissed
[01:21:11.700 --> 01:21:14.700]  based on the statute of limitations having expired.
[01:21:14.700 --> 01:21:20.700]  It had sat on the judge's desk for 90 days, and no one responded to it at all.
[01:21:20.700 --> 01:21:21.700]  They knew about it.
[01:21:21.700 --> 01:21:24.700]  I sent them a certified letter.
[01:21:24.700 --> 01:21:27.700]  There was an attempt to deliver.
[01:21:27.700 --> 01:21:29.700]  No one received it.
[01:21:29.700 --> 01:21:31.700]  But it was done during business hours.
[01:21:31.700 --> 01:21:36.700]  And I sent it to them first-class mail, and it was part of the court record, which they couldn't see.
[01:21:36.700 --> 01:21:41.700]  And you have the, you can get the tracking from the post office?
[01:21:41.700 --> 01:21:43.700]  Yeah, I have the tracking.
[01:21:43.700 --> 01:21:45.700]  I don't know if it was ever delivered.
[01:21:45.700 --> 01:21:47.700]  But it doesn't matter.
[01:21:47.700 --> 01:21:51.700]  Did you deliver it to their last known address?
[01:21:51.700 --> 01:21:52.700]  I did.
[01:21:52.700 --> 01:21:55.700]  I delivered it to their main address.
[01:21:55.700 --> 01:22:02.700]  Did you check to see if the post office made an attempt to deliver it there?
[01:22:02.700 --> 01:22:03.700]  Yes.
[01:22:03.700 --> 01:22:04.700]  And I have proof.
[01:22:04.700 --> 01:22:07.700]  I've submitted it to the court and submitted an affidavit also.
[01:22:07.700 --> 01:22:08.700]  Okay, they're screwed.
[01:22:08.700 --> 01:22:09.700]  Okay.
[01:22:09.700 --> 01:22:12.700]  So they can't make that claim.
[01:22:12.700 --> 01:22:14.700]  I mean, they knew they were in court.
[01:22:14.700 --> 01:22:21.700]  If they're not receiving their mail, then they need to check the court record because that certainly holds you responsible for it.
[01:22:21.700 --> 01:22:27.700]  You can't refuse to sign for registered mail and then claim you didn't get it.
[01:22:27.700 --> 01:22:28.700]  Okay.
[01:22:28.700 --> 01:22:29.700]  Okay.
[01:22:29.700 --> 01:22:32.700]  Even so, a separate issue.
[01:22:32.700 --> 01:22:42.700]  After I filed my motion, I get an offer to settle from then in May, I figure I've got them.
[01:22:42.700 --> 01:22:44.700]  In June, the judge signed my motion.
[01:22:44.700 --> 01:22:47.700]  No one ever, ever said a thing about it.
[01:22:47.700 --> 01:22:51.700]  They made a motion to non-suit early in July.
[01:22:51.700 --> 01:22:54.700]  That was all, that was signed very quickly.
[01:22:54.700 --> 01:23:02.700]  And then it was struck down, remanded, nullified, whatever the proper term, the judge reversed it.
[01:23:02.700 --> 01:23:07.700]  And then they made a motion to reopen within their timeframe that was required.
[01:23:07.700 --> 01:23:08.700]  Okay, wait a minute.
[01:23:08.700 --> 01:23:09.700]  I missed part of that.
[01:23:09.700 --> 01:23:14.700]  Did they make a motion to strike the order?
[01:23:14.700 --> 01:23:21.700]  Oh, a motion to strike the order.
[01:23:21.700 --> 01:23:29.700]  Did they make a motion in any way to challenge the order within the statutory time limit?
[01:23:29.700 --> 01:23:31.700]  Yes.
[01:23:31.700 --> 01:23:36.700]  They made a motion to challenge within the statutory time limit, for sure.
[01:23:36.700 --> 01:23:43.700]  In their motion to reopen, what they did, and this I wanted to answer some clarity on.
[01:23:43.700 --> 01:23:48.700]  What were their specific grounds for reopening?
[01:23:48.700 --> 01:23:49.700]  Okay.
[01:23:49.700 --> 01:23:53.700]  Their specific grounds are, they're saying I hadn't served them for one.
[01:23:53.700 --> 01:23:55.700]  I can prove that's not true.
[01:23:55.700 --> 01:24:03.700]  They were saying I hadn't served them at the right address because they had an attorney that had filed something from another address.
[01:24:03.700 --> 01:24:09.700]  But that attorney never actually filed anything with the court to introduce themselves to the court.
[01:24:09.700 --> 01:24:11.700]  I think there's food on that.
[01:24:11.700 --> 01:24:21.700]  Okay, so he didn't file a notice, of course there's a term for that, a notice to the court that he was the attorney of record.
[01:24:21.700 --> 01:24:22.700]  Right.
[01:24:22.700 --> 01:24:24.700]  And he never filed that.
[01:24:24.700 --> 01:24:31.700]  I simply sent it to the address at the end of that document, which was their main address.
[01:24:31.700 --> 01:24:33.700]  That's not going to hold much water.
[01:24:33.700 --> 01:24:46.700]  They argue in their motion where they say they have three exhibits, which they didn't include, but they argue in their motion that the date of my last payment was in 2010.
[01:24:46.700 --> 01:24:54.700]  They are essentially changing the terms or changing the information in the original complaint.
[01:24:54.700 --> 01:24:56.700]  Okay, here's the deal.
[01:24:56.700 --> 01:25:10.700]  If they had that information or had access to that information at the trial at bar, they had a duty to bring it at the trial at bar.
[01:25:10.700 --> 01:25:13.700]  That was their bite at the apple.
[01:25:13.700 --> 01:25:17.700]  They've already chewed it, now they're trying to get a second bite at the apple.
[01:25:17.700 --> 01:25:21.700]  You claim collateral estoppel.
[01:25:21.700 --> 01:25:27.700]  Okay, so I can see that they are collateral estoppel from reopening this.
[01:25:27.700 --> 01:25:32.700]  From bringing evidence that was available to them at the time.
[01:25:32.700 --> 01:25:42.700]  If they discover information that was not available to them at the time of the trial, they discover this after the trial.
[01:25:42.700 --> 01:25:56.700]  Now they can come back and say, based on this newly discovered information that we did not have access to prior to the trial, we want the court to reopen in the interest of justice.
[01:25:56.700 --> 01:26:10.700]  But you can't come in and say, well, I argued that issue over there at trial, but I got clobbered at trial, so now I want to come back and argue another issue.
[01:26:10.700 --> 01:26:13.700]  They'll probably do that.
[01:26:13.700 --> 01:26:16.700]  They have, and I'll tell you what happened here.
[01:26:16.700 --> 01:26:22.700]  After it was reopened, I filed a motion that's pretty much like the first one.
[01:26:22.700 --> 01:26:33.700]  Only in this motion, while I was waiting on some buffoon attorneys to get back to me, who ultimately were too busy or didn't care about the case, they were busy with other things, blah, blah.
[01:26:33.700 --> 01:26:38.700]  I'm not saying they're all bad, but I know what you said.
[01:26:38.700 --> 01:26:40.700]  As far as all goes...
[01:26:40.700 --> 01:26:41.700]  Okay, wait, hold on.
[01:26:41.700 --> 01:26:44.700]  I'm having a little trouble understanding you.
[01:26:44.700 --> 01:26:46.700]  Can you move the mic away from your mouth a little bit?
[01:26:46.700 --> 01:26:48.700]  The mic is distorting.
[01:26:48.700 --> 01:26:49.700]  I just did.
[01:26:49.700 --> 01:26:50.700]  Isn't this better?
[01:26:50.700 --> 01:26:51.700]  That's better.
[01:26:51.700 --> 01:27:00.700]  What I was going to say is just that as I was waiting on some attorneys to get back to me, I thought, I'm sitting on my hands, and this feels really stupid.
[01:27:00.700 --> 01:27:04.700]  So that's when I started listening to your show.
[01:27:04.700 --> 01:27:08.700]  I got a little empowered. I started doing some studying.
[01:27:08.700 --> 01:27:27.700]  I started looking things up, and I discovered that in this state, there is a statute that requires that any payment made to a third party would not toll the statute of limitations unless there is some type of written record made with the court.
[01:27:27.700 --> 01:27:35.700]  There was nothing that was done ever that would have allowed that payment to toll the statute of limitations based on what I was told.
[01:27:35.700 --> 01:27:36.700]  Okay, hold on.
[01:27:36.700 --> 01:27:37.700]  Hold on.
[01:27:37.700 --> 01:27:39.700]  Be careful.
[01:27:39.700 --> 01:27:40.700]  Okay.
[01:27:40.700 --> 01:27:44.700]  You're getting caught up in the facts that you know.
[01:27:44.700 --> 01:27:47.700]  Let's back up to the structure.
[01:27:47.700 --> 01:27:48.700]  Okay.
[01:27:48.700 --> 01:27:54.700]  You think you can out-argue them on that issue, and that's great.
[01:27:54.700 --> 01:28:01.700]  But make sure you save that until you've went back to the beginning and say, wait a minute.
[01:28:01.700 --> 01:28:04.700]  You can't even bring that argument.
[01:28:04.700 --> 01:28:05.700]  Right.
[01:28:05.700 --> 01:28:06.700]  Okay.
[01:28:06.700 --> 01:28:07.700]  This is what I want to know.
[01:28:07.700 --> 01:28:10.700]  I'm sorry if I'm making this confusing.
[01:28:10.700 --> 01:28:19.700]  So it seems to me, and this was my original question, they didn't amend, they did not amend their original complaint.
[01:28:19.700 --> 01:28:27.700]  If they didn't amend their original complaint and haven't to this date, are they barred from doing that?
[01:28:27.700 --> 01:28:29.700]  Should they file an amendment?
[01:28:29.700 --> 01:28:35.700]  They can't at this point because their case has been dismissed.
[01:28:35.700 --> 01:28:38.700]  The only thing they can do is try to get it reopened.
[01:28:38.700 --> 01:28:40.700]  That's so beautiful.
[01:28:40.700 --> 01:28:44.700]  I've missed so many strategic opportunities, and this is what I was wondering.
[01:28:44.700 --> 01:28:47.700]  So let me be sure I understand.
[01:28:47.700 --> 01:28:57.700]  If they filed their original complaint, it was dismissed, and they made no argument in any way with any kind of new information.
[01:28:57.700 --> 01:29:07.700]  After it's been dismissed, their collateral has stopped unless they can make the case that this is new information, newly discovered, and they've never seen it before.
[01:29:07.700 --> 01:29:14.700]  The court never would have been exposed to it, which I exposed the court to it in my response.
[01:29:14.700 --> 01:29:15.700]  Okay.
[01:29:15.700 --> 01:29:16.700]  Think about it.
[01:29:16.700 --> 01:29:24.700]  I've come to the, you sue me, or I sue you, and you come to the court, and I've got 20 claims I can make against you.
[01:29:24.700 --> 01:29:29.700]  Now look at these claims and say, which one do I want to make?
[01:29:29.700 --> 01:29:32.700]  Well, Bubba, you better pick the right one.
[01:29:32.700 --> 01:29:37.700]  Because if you don't, you throw them all in there, once you're done, you're done.
[01:29:37.700 --> 01:29:43.700]  You can't keep coming back and say, let's redo it, let me try this other issue.
[01:29:43.700 --> 01:29:48.700]  Now, you only get one fight at this apple. Hang on, Randy Kelton, Deborah Stevens, rule of law radio.
[01:29:48.700 --> 01:29:52.700]  I called him number 512-646-1984.
[01:29:52.700 --> 01:30:01.700]  We'll be right back.
[01:30:01.700 --> 01:30:07.700]  Yowza, getting burned is a painful experience, and the aftermath can include blistering and an ugly scar.
[01:30:07.700 --> 01:30:11.700]  But an unconventional home remedy could deliver welcome relief.
[01:30:11.700 --> 01:30:16.700]  I've got your Catherine Albrecht, and I'll be back to tell you why some burn victims are turning to the pantry.
[01:30:16.700 --> 01:30:18.700]  Privacy is under attack.
[01:30:18.700 --> 01:30:22.700]  When you give up data about yourself, you'll never get it back again.
[01:30:22.700 --> 01:30:27.700]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.700 --> 01:30:32.700]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:32.700 --> 01:30:34.700]  Privacy, it's worth hanging on to.
[01:30:34.700 --> 01:30:38.700]  This public service announcement is brought to you by StartPage.com,
[01:30:38.700 --> 01:30:42.700]  the private search engine alternative to Google, Yahoo, and Bing.
[01:30:42.700 --> 01:30:45.700]  Start over with StartPage.
[01:30:45.700 --> 01:30:50.700]  My friend Liz burned her arm in a cast iron pan the other day. Ouch.
[01:30:50.700 --> 01:30:55.700]  She ran cold water over the burn, but the pain remained. Plus, she was concerned about blisters.
[01:30:55.700 --> 01:30:57.700]  So she turned to the Internet for advice.
[01:30:57.700 --> 01:31:04.700]  There she stumbled on a seemingly crazy home remedy suggested by the People's Pharmacy, cold yellow mustard.
[01:31:04.700 --> 01:31:07.700]  She applied mustard to the burn, and the pain stopped right away.
[01:31:07.700 --> 01:31:12.700]  Then she bandaged the area, and the next day she was pain-free with no blisters.
[01:31:12.700 --> 01:31:15.700]  Serious burns require a trip to the doctor or the hospital.
[01:31:15.700 --> 01:31:20.700]  But for minor burns, you might want to give common yellow mustard a try. It seems to work.
[01:31:20.700 --> 01:31:29.700]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:29.700 --> 01:31:35.700]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.700 --> 01:31:37.700]  The government says that fire brought it down.
[01:31:37.700 --> 01:31:42.700]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:42.700 --> 01:31:45.700]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.700 --> 01:31:48.700]  And thousands of my fellow first responders are dying.
[01:31:48.700 --> 01:31:49.700]  I'm not a conspiracy theorist.
[01:31:49.700 --> 01:31:50.700]  I'm a structural engineer.
[01:31:50.700 --> 01:31:51.700]  I'm a New York City correction officer.
[01:31:51.700 --> 01:31:52.700]  I'm an Air Force pilot.
[01:31:52.700 --> 01:31:54.700]  I'm a father who lost his son.
[01:31:54.700 --> 01:31:57.700]  We're Americans, and we deserve the truth.
[01:31:57.700 --> 01:32:07.700]  Go to RememberBuilding7.org today.
[01:32:27.700 --> 01:32:44.700]  And we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:44.700 --> 01:32:49.700]  So if those out of town roofers come knocking, your door should be locking.
[01:32:49.700 --> 01:32:55.700]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:55.700 --> 01:32:57.700]  Discounts are based on full roof replacement.
[01:32:57.700 --> 01:33:00.700]  Me and I actually be kidding about chemtrails.
[01:33:00.700 --> 01:33:11.700]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:11.700 --> 01:33:37.700]  Okay, we are back.
[01:33:37.700 --> 01:33:41.700]  We are back.
[01:33:41.700 --> 01:33:42.700]  And it looks like we lost Sarah.
[01:33:42.700 --> 01:33:45.700]  And I'm sorry, Sarah, I was going to get to you pretty quick.
[01:33:45.700 --> 01:33:48.700]  But let's finish up with Mark.
[01:33:48.700 --> 01:33:54.700]  I stayed with this, Mark, because you're obviously knowledgeable.
[01:33:54.700 --> 01:34:00.700]  And these are good issues that we seldom get to.
[01:34:00.700 --> 01:34:02.700]  I like somebody who's in the fight.
[01:34:02.700 --> 01:34:08.700]  Now we get to get to some of the more sophisticated and subtle issues.
[01:34:08.700 --> 01:34:10.700]  And here there's two bites at the apple.
[01:34:10.700 --> 01:34:12.700]  You don't get those.
[01:34:12.700 --> 01:34:20.700]  So this should get a motion to strike their pleading as frivolous.
[01:34:20.700 --> 01:34:22.700]  Frivolous, let's see.
[01:34:22.700 --> 01:34:26.700]  Frivolous without merit.
[01:34:26.700 --> 01:34:36.700]  Deborah, what's the other thing that Harmon Taylor talks, what the federal court told Harmon Taylor
[01:34:36.700 --> 01:34:42.700]  on his federal suit in the Terry McVeigh case, his action in the Terry McVeigh case,
[01:34:42.700 --> 01:34:48.700]  it was without merit, frivolous without merit, and something else.
[01:34:48.700 --> 01:34:52.700]  Anyway, this is a frivolous filing.
[01:34:52.700 --> 01:34:58.700]  Yes, those lawyers know full well that they had a duty to bring that the first time.
[01:34:58.700 --> 01:35:03.700]  Oh, I've got something very interesting to play with after this.
[01:35:03.700 --> 01:35:12.700]  If I were to fail completely in this hearing, I'd keep it open because I have an absolutely fraudulent assignment.
[01:35:12.700 --> 01:35:17.700]  If I might, just to recap and be totally sure I understand, if their complaint is,
[01:35:17.700 --> 01:35:22.700]  I believe the proper term would be a nullity on its face, which it is,
[01:35:22.700 --> 01:35:28.700]  then the proper course of action there would be to make a plea to the jurisdiction,
[01:35:28.700 --> 01:35:35.700]  especially since I don't want to have this hearing, I need to pull my motion, just take it back,
[01:35:35.700 --> 01:35:40.700]  make a plea to the jurisdiction, and then the court has to look simply at the complaint,
[01:35:40.700 --> 01:35:47.700]  see what the dates are, and the court has to rule as to whether or not it has jurisdiction,
[01:35:47.700 --> 01:35:52.700]  whether or not they have the right to waste the court's time with this frivolous suit.
[01:35:52.700 --> 01:35:55.700]  Here's what the court has to determine.
[01:35:55.700 --> 01:36:04.700]  Does the plaintiff have the legal capacity to invoke the subject matter jurisdiction of the court?
[01:36:04.700 --> 01:36:14.700]  And if a cause of action has expired due to the tolling of statute of limitations, he has no legal capacity.
[01:36:14.700 --> 01:36:22.700]  There is no controversy that the plaintiff can bring to the court because the controversy has expired.
[01:36:22.700 --> 01:36:24.700]  Well, all right.
[01:36:24.700 --> 01:36:29.700]  Now, I will definitely do that.
[01:36:29.700 --> 01:36:34.700]  Being that I have a motion now and I've got a hearing scheduled, which they didn't consult me on,
[01:36:34.700 --> 01:36:42.700]  and the judge's assistant actually told me if I had been a lawyer, they would have made an effort to contact me.
[01:36:42.700 --> 01:36:46.700]  Pretty much said, you know, we would have given you a little respect if you were a lawyer, by the way.
[01:36:46.700 --> 01:36:49.700]  And they went ahead and let them set it for when they wanted.
[01:36:49.700 --> 01:36:51.700]  So it's kind of a surprise.
[01:36:51.700 --> 01:37:04.700]  In any event, what should I file? A restraining order, petition for restraining, a request for a restraining order,
[01:37:04.700 --> 01:37:13.700]  restraining the court from any hearings until it has adjudicated the challenge to subject matter jurisdiction.
[01:37:13.700 --> 01:37:14.700]  Oh, okay.
[01:37:14.700 --> 01:37:15.700]  Yeah.
[01:37:15.700 --> 01:37:24.700]  Now, that makes sense. If this judge doesn't respect the law, and we know from my listening to you and many other people,
[01:37:24.700 --> 01:37:30.700]  many of them don't, if he doesn't respect the law, this is my first major ground for appeal.
[01:37:30.700 --> 01:37:34.700]  Oh, this is grounds for a lot more than that.
[01:37:34.700 --> 01:37:37.700]  Grounds to talk to the grand jury.
[01:37:37.700 --> 01:37:40.700]  Yeah, this is a challenge to subject matter jurisdiction.
[01:37:40.700 --> 01:37:43.700]  There's only one time you can sue a judge.
[01:37:43.700 --> 01:37:45.700]  Yeah.
[01:37:45.700 --> 01:37:48.700]  When he acts without subject matter jurisdiction.
[01:37:48.700 --> 01:37:56.700]  And when you file a challenge to subject matter jurisdiction, jurisdiction is lost.
[01:37:56.700 --> 01:38:03.700]  The judge loses jurisdiction until such time as he proves up jurisdiction.
[01:38:03.700 --> 01:38:10.700]  Now, he can get the other side to prove up jurisdiction if he wants to, but it's not their duty.
[01:38:10.700 --> 01:38:14.700]  It's his duty to prove up jurisdiction.
[01:38:14.700 --> 01:38:16.700]  Oh, perfect.
[01:38:16.700 --> 01:38:20.700]  Without it, he has no protection.
[01:38:20.700 --> 01:38:23.700]  This judge doesn't pay attention. He hears the voice case and things like that.
[01:38:23.700 --> 01:38:26.700]  He doesn't know anything about this.
[01:38:26.700 --> 01:38:30.700]  He pretty much told me, we don't really see too many civil cases.
[01:38:30.700 --> 01:38:34.700]  And I thought, yeah, I can tell.
[01:38:34.700 --> 01:38:37.700]  He waited 60 days before ruling on mine.
[01:38:37.700 --> 01:38:40.700]  I asked him to rule at a distance. I never said a hearing.
[01:38:40.700 --> 01:38:45.700]  That might have sped it along, but nonetheless, I thought he was supposed to rule in 30.
[01:38:45.700 --> 01:38:52.700]  But the things I want to be totally sure I'm clear on, as far as the plea to the jurisdiction,
[01:38:52.700 --> 01:38:58.700]  it simply asked the judge to take a look at the original complaint.
[01:38:58.700 --> 01:39:05.700]  And he's already ruled on the original complaint being filed past the statute of limitations.
[01:39:05.700 --> 01:39:12.700]  He reopened the case without looking at their motion to reopen because it lacked three exhibits.
[01:39:12.700 --> 01:39:19.700]  And they added new information there referring to something that I had said in my response,
[01:39:19.700 --> 01:39:25.700]  talking about this attempted payment in 2010, which incidentally doesn't hold a statute of limitations.
[01:39:25.700 --> 01:39:31.700]  But there's no point in going down the road and arguing that when the simplest path to victory would be a two.
[01:39:31.700 --> 01:39:34.700]  Okay, be careful. You're still trying to...
[01:39:34.700 --> 01:39:40.700]  One of the problems when you get into the fight is it gets about the fight.
[01:39:40.700 --> 01:39:46.700]  Be real careful with that. Don't let them sucker you into arguing that issue.
[01:39:46.700 --> 01:39:48.700]  Okay.
[01:39:48.700 --> 01:39:51.700]  See, that's a non-issue. We don't even want to talk about that.
[01:39:51.700 --> 01:39:55.700]  If you had that issue, you should have brought that in the first case.
[01:39:55.700 --> 01:39:59.700]  You can't bring it in the second case. So, nonsense.
[01:39:59.700 --> 01:40:05.700]  No matter how good an argument you have, your first stance is that's garbage.
[01:40:05.700 --> 01:40:08.700]  You can't bring it.
[01:40:08.700 --> 01:40:16.700]  So, be careful. Don't even start arguing it until this child on the subject of your jurisdiction is heard.
[01:40:16.700 --> 01:40:18.700]  Okay. Now I know.
[01:40:18.700 --> 01:40:24.700]  You're telling me don't fight just because I love the fight, and I would love to open a can of wall upon you.
[01:40:24.700 --> 01:40:26.700]  Exactly.
[01:40:26.700 --> 01:40:33.700]  Now, here's a question, and this I have to do.
[01:40:33.700 --> 01:40:38.700]  It's the only right thing to do, and I know you know about this.
[01:40:38.700 --> 01:40:44.700]  I saw the videos on YouTube about your brother and the story and how you became who you are, and I love you, man.
[01:40:44.700 --> 01:40:53.700]  But I've got to tell you, with respect to this, I have a very clearly fraudulent assignment.
[01:40:53.700 --> 01:41:00.700]  As you well know, ordinarily in assignments, there's someone who's representing themselves as a MERS VP,
[01:41:00.700 --> 01:41:03.700]  yet they're not an employee of MERS.
[01:41:03.700 --> 01:41:09.700]  And the guy that signed this assignment was someone that worked for a servicer,
[01:41:09.700 --> 01:41:14.700]  identifying himself as preparing it for the servicer.
[01:41:14.700 --> 01:41:18.700]  I had never seen this in looking around. I just noticed it not too long ago.
[01:41:18.700 --> 01:41:26.700]  This guy is a known robo-signer, and some major people like Lynn Zamoniak and some others have...
[01:41:26.700 --> 01:41:37.700]  Have you sent MERS a request for a copy of Power of Attorney for this individual to act for MERS?
[01:41:37.700 --> 01:41:39.700]  No, but I will.
[01:41:39.700 --> 01:41:43.700]  Do that. I've never had them respond to it.
[01:41:43.700 --> 01:41:50.700]  You can go to the court and say, oh, your honor, this guy's a robo-signer while his name's splattered all over the internet.
[01:41:50.700 --> 01:41:56.700]  And the court will say, so, what does that have to do with this case?
[01:41:56.700 --> 01:41:57.700]  Sure, yeah.
[01:41:57.700 --> 01:42:01.700]  But if you go to the court and say, your honor, this guy's a robo-signer.
[01:42:01.700 --> 01:42:12.700]  So we sent a letter to MERS requesting a copy of Power of Attorney for this person to act for MERS
[01:42:12.700 --> 01:42:14.700]  and receive no response.
[01:42:14.700 --> 01:42:20.700]  Therefore, we have reason to believe and do believe that this guy's a robo-signer.
[01:42:20.700 --> 01:42:24.700]  Prima facie.
[01:42:24.700 --> 01:42:32.700]  Also send a request to the notary who acknowledged the document for a copy of...
[01:42:32.700 --> 01:42:37.700]  For evidence of the authentication.
[01:42:37.700 --> 01:42:43.700]  I don't ask for a ledger because not all states require a ledger.
[01:42:43.700 --> 01:42:46.700]  You ask for evidence of the authentication.
[01:42:46.700 --> 01:42:50.700]  Ninety percent of the time, you'll get no response.
[01:42:50.700 --> 01:42:54.700]  So that's another prima facie issue you can bring.
[01:42:54.700 --> 01:42:58.700]  Okay. Now, let's say I file the plea to the jurisdiction.
[01:42:58.700 --> 01:43:05.700]  The judge bangs his gavel and uses his pen and dismisses this for lack of subject matter jurisdiction.
[01:43:05.700 --> 01:43:08.700]  It's over.
[01:43:08.700 --> 01:43:09.700]  It's over?
[01:43:09.700 --> 01:43:15.700]  How do I, at that point, would it be practical for me to bring a suit?
[01:43:15.700 --> 01:43:16.700]  I have until August.
[01:43:16.700 --> 01:43:20.700]  Absolutely it would be possible for you to bring a suit.
[01:43:20.700 --> 01:43:21.700]  Okay.
[01:43:21.700 --> 01:43:24.700]  For malicious prosecution.
[01:43:24.700 --> 01:43:25.700]  Yeah.
[01:43:25.700 --> 01:43:26.700]  Oh, yeah.
[01:43:26.700 --> 01:43:28.700]  That sounds good.
[01:43:28.700 --> 01:43:30.700]  So, I mean, we have malicious prosecution.
[01:43:30.700 --> 01:43:31.700]  We have fraud.
[01:43:31.700 --> 01:43:35.700]  File that fraud criminally.
[01:43:35.700 --> 01:43:39.700]  You might file a quiet title action against that document.
[01:43:39.700 --> 01:43:40.700]  Okay.
[01:43:40.700 --> 01:43:41.700]  I'm running out of time.
[01:43:41.700 --> 01:43:44.700]  I need to go to at least one more caller.
[01:43:44.700 --> 01:43:47.700]  But if you have more questions, call in tomorrow night.
[01:43:47.700 --> 01:43:48.700]  This was a good discussion.
[01:43:48.700 --> 01:43:49.700]  That's my idea.
[01:43:49.700 --> 01:43:50.700]  I'll see you next time.
[01:43:50.700 --> 01:43:51.700]  Thank you, Mark.
[01:43:51.700 --> 01:43:53.700]  This is Randy Kelton, Deborah Stevens.
[01:43:53.700 --> 01:43:59.700]  We'll be right back.
[01:43:59.700 --> 01:44:03.700]  You feel tired when talking about important topics like money and politics?
[01:44:03.700 --> 01:44:04.700]  Boring.
[01:44:04.700 --> 01:44:07.700]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.700 --> 01:44:08.700]  What?
[01:44:08.700 --> 01:44:12.700]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:12.700 --> 01:44:15.700]  Hi, my name is Steve Holt, and like millions of other Americans,
[01:44:15.700 --> 01:44:18.700]  I was diagnosed with stupidity at an early age.
[01:44:18.700 --> 01:44:21.700]  I had no idea that the number one cause of the disease
[01:44:21.700 --> 01:44:24.700]  is found in almost every home in America, the television.
[01:44:24.700 --> 01:44:28.700]  Unfortunately, that puts most Americans at risk of catching stupidity,
[01:44:28.700 --> 01:44:29.700]  but there is hope.
[01:44:29.700 --> 01:44:31.700]  The staff at Brave New Books have helped me
[01:44:31.700 --> 01:44:35.700]  and thousands of other foxaholics suffering from sports zombieism recover.
[01:44:35.700 --> 01:44:38.700]  And because of Brave New Books, I now enjoy reading
[01:44:38.700 --> 01:44:42.700]  and watching educational documentaries without feeling tired or uninterested.
[01:44:42.700 --> 01:44:45.700]  So if you or anybody you know suffers from stupidity,
[01:44:45.700 --> 01:44:49.700]  then you need to call 512-480-2503
[01:44:49.700 --> 01:44:54.700]  or visit them at 1904Guadalupe or bravenewbookstore.com.
[01:44:54.700 --> 01:44:56.700]  Side effects from using Brave New Books products may include
[01:44:56.700 --> 01:45:00.700]  discernment in enlarged vocabulary and an overall increase in mental functioning.
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[01:46:11.700 --> 01:46:12.700]  Okay, we are back.
[01:46:12.700 --> 01:46:15.700]  Randy Kelton, Deborah Stevens, Rule of Law Radio,
[01:46:15.700 --> 01:46:19.700]  and we're going to Sarah in Texas.
[01:46:19.700 --> 01:46:21.700]  Hello, Sarah.
[01:46:21.700 --> 01:46:23.700]  Hello, Randy. How are you?
[01:46:23.700 --> 01:46:28.700]  I am good, and I understand that you got one of these garbage tickets
[01:46:28.700 --> 01:46:34.700]  where the police officer claimed that because you drove to a safe spot
[01:46:34.700 --> 01:46:41.700]  to pull over that you were fleeing to evade arrest.
[01:46:41.700 --> 01:46:43.700]  Right.
[01:46:43.700 --> 01:46:47.700]  At any time, okay, at any time, did they actually give you a ticket
[01:46:47.700 --> 01:46:50.700]  for whatever he stopped you for?
[01:46:50.700 --> 01:46:53.700]  I never got a ticket, no.
[01:46:53.700 --> 01:46:55.700]  So he just, you annoyed him.
[01:46:55.700 --> 01:46:58.700]  He was in a bad mood that day.
[01:46:58.700 --> 01:47:00.700]  He wanted you to stop in the middle of the highway
[01:47:00.700 --> 01:47:05.700]  so he could get killed right in your ticket.
[01:47:05.700 --> 01:47:08.700]  Okay.
[01:47:08.700 --> 01:47:13.700]  Did he claim that at any time you accelerated
[01:47:13.700 --> 01:47:16.700]  at any kind of a high rate of speed?
[01:47:16.700 --> 01:47:22.700]  Well, by the time I did pull over that you were talking,
[01:47:22.700 --> 01:47:23.700]  it wasn't just him.
[01:47:23.700 --> 01:47:28.700]  We had about six policemen who had barricaded me in.
[01:47:28.700 --> 01:47:32.700]  And at that time when I did get out of the car,
[01:47:32.700 --> 01:47:35.700]  I mean, of course he said get out of the car and all this,
[01:47:35.700 --> 01:47:39.700]  and lights flashing everywhere, and I did get out of the car.
[01:47:39.700 --> 01:47:42.700]  And so they told me to walk towards them,
[01:47:42.700 --> 01:47:44.700]  but of course my back was to them,
[01:47:44.700 --> 01:47:47.700]  walking backwards with my hands up.
[01:47:47.700 --> 01:47:50.700]  And when I get to them to a certain point,
[01:47:50.700 --> 01:47:53.700]  he, I guess the one that was ahead,
[01:47:53.700 --> 01:47:57.700]  walks up and said, did you not know I was after you?
[01:47:57.700 --> 01:47:59.700]  And I'm like, excuse me?
[01:47:59.700 --> 01:48:01.700]  He said, you know why we stopped you?
[01:48:01.700 --> 01:48:02.700]  Why I stopped you?
[01:48:02.700 --> 01:48:03.700]  I said, yeah, I was speeding.
[01:48:03.700 --> 01:48:06.700]  He said, this one went past speeding.
[01:48:06.700 --> 01:48:09.700]  You evaded arrest.
[01:48:09.700 --> 01:48:12.700]  And from that point on it was just,
[01:48:12.700 --> 01:48:15.700]  I mean, it was just almost like a dream to me,
[01:48:15.700 --> 01:48:18.700]  because I've never had anything like that happen.
[01:48:18.700 --> 01:48:21.700]  When six police went around, six police cars,
[01:48:21.700 --> 01:48:25.700]  traffic stopping about 10 o'clock p.m. at night,
[01:48:25.700 --> 01:48:29.700]  coming home from work, it was just crazy.
[01:48:29.700 --> 01:48:31.700]  And so they ended up arresting me,
[01:48:31.700 --> 01:48:37.700]  and I spent over a day in jail behind all of this.
[01:48:37.700 --> 01:48:42.700]  Okay, this is, okay, when they, how far did you drive before you?
[01:48:42.700 --> 01:48:44.700]  Did you, did they block you in,
[01:48:44.700 --> 01:48:49.700]  or did you not pull over at all until they blocked you in?
[01:48:49.700 --> 01:48:54.700]  Well, by the time that I realized there was other cars behind me,
[01:48:54.700 --> 01:48:57.700]  and I did see lights coming, but he wasn't close.
[01:48:57.700 --> 01:49:01.700]  It looked like he was after maybe a car or two behind me,
[01:49:01.700 --> 01:49:03.700]  so I kept going.
[01:49:03.700 --> 01:49:06.700]  And the time, you know, he pulls up out of nowhere,
[01:49:06.700 --> 01:49:09.700]  because I'm mean, I'm riding on trying to get home from work.
[01:49:09.700 --> 01:49:12.700]  And he flashes his light and says something,
[01:49:12.700 --> 01:49:16.700]  I think out loud through the microphone, whatever, pull over.
[01:49:16.700 --> 01:49:19.700]  And so I get pulled all the way over, you know,
[01:49:19.700 --> 01:49:22.700]  trying to get out of the way of the other traffic
[01:49:22.700 --> 01:49:24.700]  and pull over to the side of the road.
[01:49:24.700 --> 01:49:28.700]  And by this time, I'm looking, when I park, come to a park,
[01:49:28.700 --> 01:49:31.700]  a complete stop, I'm looking behind me in my rear-view mirror,
[01:49:31.700 --> 01:49:35.700]  and I couldn't believe that I see all these different cars,
[01:49:35.700 --> 01:49:39.700]  you know, six, I counted about six of them.
[01:49:39.700 --> 01:49:43.700]  So you thought he was after someone else?
[01:49:43.700 --> 01:49:48.700]  He was definitely after someone else at first, but...
[01:49:48.700 --> 01:49:52.700]  Okay, so you didn't accelerate up and weave through traffic
[01:49:52.700 --> 01:49:54.700]  or anything like that?
[01:49:54.700 --> 01:49:57.700]  No, I mean, I was driving fast all along.
[01:49:57.700 --> 01:49:59.700]  I don't know if I would say accelerated.
[01:49:59.700 --> 01:50:01.700]  I never left the lane.
[01:50:01.700 --> 01:50:03.700]  I was in the right-hand lane.
[01:50:03.700 --> 01:50:05.700]  I never left that lane.
[01:50:05.700 --> 01:50:08.700]  I was in the same lane all along, but I was speeding.
[01:50:08.700 --> 01:50:09.700]  I don't even know.
[01:50:09.700 --> 01:50:12.700]  I might have been going probably 75 or something,
[01:50:12.700 --> 01:50:14.700]  you know, just trying to get home.
[01:50:14.700 --> 01:50:18.700]  And so by the time he came up and flashed his light,
[01:50:18.700 --> 01:50:22.700]  then I realized he was, you know, here he is after me.
[01:50:22.700 --> 01:50:25.700]  And by this time, I'm pulling over because, you know,
[01:50:25.700 --> 01:50:27.700]  that's what you do when you get stopped.
[01:50:27.700 --> 01:50:31.700]  And then it just went, to me, it just went from what should have
[01:50:31.700 --> 01:50:34.700]  been speed and ticket to understand that I event fast.
[01:50:34.700 --> 01:50:35.700]  Okay.
[01:50:35.700 --> 01:50:37.700]  There's probably...
[01:50:37.700 --> 01:50:41.700]  I'm not the best one for this.
[01:50:41.700 --> 01:50:46.700]  You should call in Monday night to Eddie Craig's show.
[01:50:46.700 --> 01:50:50.700]  He does a show strictly on traffic.
[01:50:50.700 --> 01:50:51.700]  Okay.
[01:50:51.700 --> 01:50:54.700]  And he can give you some really good ways.
[01:50:54.700 --> 01:50:57.700]  What the prosecutor is going to look at you,
[01:50:57.700 --> 01:50:59.700]  they're going to talk to you, and they're going to know
[01:50:59.700 --> 01:51:02.700]  that if you weren't fleeing, do they arrest?
[01:51:02.700 --> 01:51:04.700]  They don't care.
[01:51:04.700 --> 01:51:06.700]  It's all about the money.
[01:51:06.700 --> 01:51:08.700]  They just want to collect money.
[01:51:08.700 --> 01:51:10.700]  So what the prosecutor is going to do is say,
[01:51:10.700 --> 01:51:12.700]  I'll tell you what I'll do.
[01:51:12.700 --> 01:51:16.700]  If you will plead guilty to a lesser crime,
[01:51:16.700 --> 01:51:19.700]  I'll just charge you a whole bunch of money
[01:51:19.700 --> 01:51:23.700]  and probation fees until we both get old.
[01:51:23.700 --> 01:51:26.700]  All they care about is collecting money.
[01:51:26.700 --> 01:51:29.700]  They don't care about the law, they don't care about right or wrong.
[01:51:29.700 --> 01:51:34.700]  If you expect these guys to do what's right,
[01:51:34.700 --> 01:51:38.700]  you're going to be terribly disappointed.
[01:51:38.700 --> 01:51:42.700]  Even if in their hearts they want to be good guys,
[01:51:42.700 --> 01:51:46.700]  in the end, they need to get paid.
[01:51:46.700 --> 01:51:49.700]  In order to get paid, they have to generate revenue.
[01:51:49.700 --> 01:51:51.700]  It's all about revenue generation.
[01:51:51.700 --> 01:51:55.700]  So once you understand that, it gives you some tools
[01:51:55.700 --> 01:51:58.700]  that you can fight back with.
[01:51:58.700 --> 01:52:02.700]  And one of them is to give them the idea
[01:52:02.700 --> 01:52:06.700]  that you're going to cost them a lot of money.
[01:52:06.700 --> 01:52:08.700]  You're not going to lay down and roll over easy.
[01:52:08.700 --> 01:52:14.700]  Have you ever played poker?
[01:52:14.700 --> 01:52:18.700]  Are you there, Sarah?
[01:52:18.700 --> 01:52:21.700]  Have you ever played poker?
[01:52:21.700 --> 01:52:23.700]  No, I haven't.
[01:52:23.700 --> 01:52:27.700]  So this would be a good time to learn.
[01:52:27.700 --> 01:52:30.700]  They're going to make you an offer,
[01:52:30.700 --> 01:52:33.700]  and they're going to huff and puff and wave their arms
[01:52:33.700 --> 01:52:36.700]  and threaten you with all the horrible stuff they're going to do to you,
[01:52:36.700 --> 01:52:38.700]  and you're going to tell them that,
[01:52:38.700 --> 01:52:43.700]  nah, there's no way a jury will find me guilty.
[01:52:43.700 --> 01:52:46.700]  There's no way I was fleeing to evade you guys,
[01:52:46.700 --> 01:52:50.700]  and a jury will never find me guilty.
[01:52:50.700 --> 01:52:54.700]  Give me a better offer.
[01:52:54.700 --> 01:52:56.700]  Actually, a jury probably will find you guilty.
[01:52:56.700 --> 01:53:03.700]  Every time I go before a jury, they find me incredibly guilty.
[01:53:03.700 --> 01:53:05.700]  I am.
[01:53:05.700 --> 01:53:07.700]  But I like to fight them anyway.
[01:53:07.700 --> 01:53:10.700]  But if you get the opportunity,
[01:53:10.700 --> 01:53:16.700]  call in to Monday night at 8 o'clock and talk to Eddie Craig.
[01:53:16.700 --> 01:53:22.700]  He will give you some other things you can do to deal with this ticket
[01:53:22.700 --> 01:53:29.700]  without having a Class A misdemeanor against your record.
[01:53:29.700 --> 01:53:32.700]  Okay, and give me a call tomorrow.
[01:53:32.700 --> 01:53:34.700]  We'll talk.
[01:53:34.700 --> 01:53:38.700]  We have other issues outside of this.
[01:53:38.700 --> 01:53:43.700]  Sarah's going to be a great wealth of information for all of us.
[01:53:43.700 --> 01:53:46.700]  Okay, so call me tomorrow.
[01:53:46.700 --> 01:53:48.700]  We've got some stuff I want to talk about.
[01:53:48.700 --> 01:53:50.700]  Okay, I have time for one more call.
[01:53:50.700 --> 01:53:52.700]  Thank you, Sarah.
[01:53:52.700 --> 01:53:54.700]  Thanks, Randy.
[01:53:54.700 --> 01:53:57.700]  Okay, now we're going to go to Gary in Texas.
[01:53:57.700 --> 01:53:58.700]  Hello, Mr. Gary.
[01:53:58.700 --> 01:54:00.700]  How are you?
[01:54:00.700 --> 01:54:01.700]  Hey, Gary.
[01:54:01.700 --> 01:54:02.700]  Hi.
[01:54:02.700 --> 01:54:03.700]  Long night.
[01:54:03.700 --> 01:54:04.700]  Sorry, Randy.
[01:54:04.700 --> 01:54:05.700]  One of those nights.
[01:54:05.700 --> 01:54:08.700]  Hey, I'm working on a probation thing,
[01:54:08.700 --> 01:54:13.700]  a revocation of probation, and a young man is being held in jail
[01:54:13.700 --> 01:54:18.700]  on a no-bond warrant, and all the local judges are at a conference.
[01:54:18.700 --> 01:54:24.700]  So today I went to Bexar County District Judge and presented a habeas corpus.
[01:54:24.700 --> 01:54:31.700]  And the main argument was that the Texas Constitution does not allow
[01:54:31.700 --> 01:54:35.700]  for any arrested person to be denied bail
[01:54:35.700 --> 01:54:39.700]  except in the case of a capital crime.
[01:54:39.700 --> 01:54:44.700]  So I did get before District Judge in private quarters,
[01:54:44.700 --> 01:54:48.700]  and she explained that, well, that's true, the Constitution says that,
[01:54:48.700 --> 01:54:54.700]  but this is different because this person was already found guilty
[01:54:54.700 --> 01:54:57.700]  but put on probation as an alternative,
[01:54:57.700 --> 01:55:02.700]  so they don't get the protections in the Texas Constitution.
[01:55:02.700 --> 01:55:04.700]  That's true.
[01:55:04.700 --> 01:55:07.700]  Well, you know, I kind of argued that.
[01:55:07.700 --> 01:55:12.700]  I know the statutes under probation do state something different,
[01:55:12.700 --> 01:55:21.700]  but I kind of held the opinion that if the statutes go in opposition
[01:55:21.700 --> 01:55:26.700]  to the Constitution, the Constitution is going to trump the statute
[01:55:26.700 --> 01:55:28.700]  that's in conflict with it.
[01:55:28.700 --> 01:55:30.700]  And she was very nice.
[01:55:30.700 --> 01:55:34.700]  She explained, no, that's not the way it works.
[01:55:34.700 --> 01:55:44.700]  Okay, I kind of agree with her because probation is a contract.
[01:55:44.700 --> 01:55:46.700]  It is, yes.
[01:55:46.700 --> 01:55:51.700]  It's a contract, and it's not an adhesion contract.
[01:55:51.700 --> 01:55:55.700]  They have to enter into the contract voluntarily.
[01:55:55.700 --> 01:56:02.700]  And the contract says you either sit in jail, which you're already adjudicated to,
[01:56:02.700 --> 01:56:08.700]  or we will let you out of jail on these conditions.
[01:56:08.700 --> 01:56:14.700]  So this issue is a breach of contract issue.
[01:56:14.700 --> 01:56:24.700]  And there are certain whites you can waive by contract, and this is one of them.
[01:56:24.700 --> 01:56:25.700]  Okay.
[01:56:25.700 --> 01:56:27.700]  Don't think you'll win it.
[01:56:27.700 --> 01:56:29.700]  I'd like to say I thought you'd think you could,
[01:56:29.700 --> 01:56:37.700]  but once you enter into probation, now they kind of got you.
[01:56:37.700 --> 01:56:42.700]  But actually, you know, in the end, they don't want them in jail.
[01:56:42.700 --> 01:56:45.700]  They want them to pay their probation fees.
[01:56:45.700 --> 01:56:46.700]  Right.
[01:56:46.700 --> 01:56:52.700]  Well, this person had done his last probation visit, all paid fines,
[01:56:52.700 --> 01:56:56.700]  all paid fees, everything's over and done with, and on the last visit,
[01:56:56.700 --> 01:57:03.700]  they got nabbed, and it was because of a traffic ticket in six months ago,
[01:57:03.700 --> 01:57:08.700]  which they told the PO about.
[01:57:08.700 --> 01:57:12.700]  Oh, this sounds like a scam.
[01:57:12.700 --> 01:57:13.700]  It's total scam.
[01:57:13.700 --> 01:57:16.700]  I'm thinking they just, because this fellow is such a good payer,
[01:57:16.700 --> 01:57:20.700]  pays like clockwork, I think they just want to put him back on probation
[01:57:20.700 --> 01:57:22.700]  and collect some more fees.
[01:57:22.700 --> 01:57:25.700]  That's what I think.
[01:57:25.700 --> 01:57:29.700]  That's, okay, you would want to go to false imprisonment,
[01:57:29.700 --> 01:57:33.700]  but you won't get to that one.
[01:57:33.700 --> 01:57:35.700]  But he sure needs to go after these guys.
[01:57:35.700 --> 01:57:39.700]  He needs to do some research and see how often this kind of thing has happened.
[01:57:39.700 --> 01:57:42.700]  Things they already knew about that could have been dealt with earlier,
[01:57:42.700 --> 01:57:46.700]  they wait until they collect all the money they can,
[01:57:46.700 --> 01:57:49.700]  and then they bring these issues up.
[01:57:49.700 --> 01:57:53.700]  This should have been brought up six months ago.
[01:57:53.700 --> 01:57:57.700]  Is this a normal traffic ticket?
[01:57:57.700 --> 01:58:05.700]  Yeah, it's a DWLI, which was a Plan C misdemeanor.
[01:58:05.700 --> 01:58:07.700]  Okay, this should not have done it.
[01:58:07.700 --> 01:58:10.700]  They should have brought this up six months ago.
[01:58:10.700 --> 01:58:13.700]  He'll win this if he fights it.
[01:58:13.700 --> 01:58:16.700]  Can I follow up with you, possibly tomorrow?
[01:58:16.700 --> 01:58:18.700]  Absolutely, give me a call tomorrow.
[01:58:18.700 --> 01:58:19.700]  I will.
[01:58:19.700 --> 01:58:20.700]  You have a great evening.
[01:58:20.700 --> 01:58:21.700]  Thanks.
[01:58:21.700 --> 01:58:22.700]  Thank you.
[01:58:22.700 --> 01:58:23.700]  Thank you, Gary.
[01:58:23.700 --> 01:58:24.700]  I'm sorry we ran out of time.
[01:58:24.700 --> 01:58:25.700]  This is Randy Shelton and David Stevens,
[01:58:25.700 --> 01:58:27.700]  rule of our radio.
[01:58:27.700 --> 01:58:33.700]  We will be back tomorrow night on our four-hour info marathon.
[01:58:33.700 --> 01:58:35.700]  Thank you all for listening.
[01:58:35.700 --> 01:58:37.700]  And good night.
[01:58:37.700 --> 01:58:50.700]  Thank you.
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