[00:00.000 --> 00:06.000] The following newsflash is brought to you by the Lone Star Lowdown, providing you daily [00:06.000 --> 00:13.000] bulletins for the commodities market, today in history, news updates, and the inside scoop [00:13.000 --> 00:21.000] into the tides of the alternative. [00:21.000 --> 00:28.000] Markets for the 6th of August, 2013, opened up with gold at $1,089.62 an ounce, silver [00:28.000 --> 00:35.000] at $14.67 an ounce, Texas crude $45.15 a barrel, and Bitcoin is currently sitting at about [00:35.000 --> 00:43.000] $279 U.S. currency. [00:43.000 --> 00:49.000] Today in history, Monday, August 6, 1945, a uranium gun type atomic bomb named Little [00:49.000 --> 00:55.000] Boy was dropped on Hiroshima by U.S. B-29 bomber Super Fortress Enola Gay. It was detonated [00:55.000 --> 01:01.000] 2,000 feet above Hiroshima in a blast equal to roughly 15,000 tons of TNT. It destroyed [01:01.000 --> 01:06.000] five square miles of the city. 150,000 is the estimated death toll as a result of the [01:06.000 --> 01:12.000] initial blast and after effects. [01:12.000 --> 01:16.000] In recent news, the Republicans are having their big presidential nominee debate tonight, [01:16.000 --> 01:20.000] and big is not an understatement. Fox News will be hosting the debates tonight. That's [01:20.000 --> 01:26.000] right. There is more than one, with candidates outside the top 10, Carly Firena, Jim Gilmore, [01:26.000 --> 01:31.000] Lindsey Graham, Bobby Jindal, George Pataki, Rick Perry, and Rick Santorum scheduled for [01:31.000 --> 01:36.000] an hour debate at 5 p.m. Eastern Standard Time, 4 p.m. Central, and the top 10 candidates, [01:36.000 --> 01:41.000] Jeb Bush, Ben Carson, Chris Christie, Ted Cruz, Mike Huckabee, John Kissich, Rand Paul, [01:41.000 --> 01:45.000] Donald Trump, Mark Rubio, and Scott Walker having their two-hour scheduled debate at [01:45.000 --> 01:53.000] 9 p.m. Eastern Standard Time, 8 Central. [01:53.000 --> 01:57.000] A U.S. Fifth Circuit court in New Orleans found that Texas' law requiring residents [01:57.000 --> 02:02.000] to show state-approved IDs in order to cast ballots violated Section 2 of the Voting Rights [02:02.000 --> 02:06.000] Act. The ruling yesterday rejected the poll tax ruling from Corpus Christi, the U.S. District [02:06.000 --> 02:11.000] Court, last year since Texas has taken steps to allow residents to receive free IDs, but [02:11.000 --> 02:16.000] it upheld the lower court's assertion that the effect of the law was nonetheless discriminatory. [02:16.000 --> 02:20.000] The case will now return to the U.S. District Court, which will have to decide whether Texas [02:20.000 --> 02:24.000] legislators intended to discriminate against minority voters when it drafted and passed [02:24.000 --> 02:30.000] the law. [02:30.000 --> 02:34.000] The CryptoShow.com is hosting a free Ross Appeal fundraiser. Ross Olbert was sentenced [02:34.000 --> 02:39.000] to life in prison for his alleged role in the dark web Silk Road online platform. Many [02:39.000 --> 02:43.000] great items will be sold off for Ross' legal appeal. The event is scheduled for the 15th [02:43.000 --> 02:48.000] of August, 6 to 10 p.m. at Brave New Bookstore off of Guadalupe and Martin Luther King in [02:48.000 --> 02:55.000] Austin, Texas. For more information, go to TheCryptoShow.com. [02:55.000 --> 03:10.000] This has been your Lowdown for August 6, 2015. [03:25.000 --> 03:50.000] This has been your Lowdown for August 6, 2015. [03:50.000 --> 04:00.000] Howdy, howdy. Randy Kelton, Deborah Stevens, Brutal Law Radio on this Thursday, the 13th [04:00.000 --> 04:11.000] of August, 2015. I wanted to start today talking about a new law just passed in California [04:11.000 --> 04:22.000] that will take effect the first of the year. And it's the law passed because of the current [04:22.000 --> 04:30.000] problem with police. And what this law will do, have the effect of doing, is bypassing [04:30.000 --> 04:38.000] the grand jury in cases where someone is killed at the hands of a police officer. Let me read [04:38.000 --> 04:43.000] this to you. California will no longer assign grand juries to investigate most deaths of [04:43.000 --> 04:49.000] people killed by police under a law signed this week by Democratic Governor Jerry Brown. [04:49.000 --> 04:55.000] The law was introduced in response to civil unrest in the wake of Missouri, of a Missouri [04:55.000 --> 05:00.000] grand jury's decision not to indict a white police officer in connection with the death [05:00.000 --> 05:08.000] of an unmarked black, unmarked, unarmed black teenager last year. The use of the criminal [05:08.000 --> 05:14.000] grand jury process and the refusal to indict has occurred in Ferguson and other communities [05:14.000 --> 05:20.000] of color, has fostered an atmosphere of suspicion that threatens to compromise our justice [05:20.000 --> 05:28.000] system, Mitchell said. Because grand jury investigations are secrets, he said, many [05:28.000 --> 05:34.000] members of the public may not trust their results. Grand juries are already used only [05:34.000 --> 05:42.000] rarely to investigate killings involving the police in California and several calques, [05:42.000 --> 05:48.000] including Los Angeles, have banned the practice. Instead, they use the second route available [05:48.000 --> 05:54.000] to prosecutors, conducting their own investigations, charging the person if warranted, and then [05:54.000 --> 06:00.000] presenting the evidence to a judge in a preliminary hearing. The new law, which is set to take [06:00.000 --> 06:05.000] effect next year, only applies in cases where a person dies at the hands of a police officer [06:05.000 --> 06:11.000] during the course of an arrest or attempted arrest. Grand juries still investigates such [06:11.000 --> 06:16.000] a killing if a member of the grand jury who has personal knowledge of an incident and [06:16.000 --> 06:23.000] believes that an offense has been committed refers it to his or her colleagues. The process [06:23.000 --> 06:28.000] by which grand juries deliberate in secret before deciding whether to indict someone [06:28.000 --> 06:34.000] for a crime is meant to protect the safety of witnesses and the privacy of the innocent [06:34.000 --> 06:40.000] in inflammatory or dangerous situations, but skeptics worry that prosecutors who work [06:40.000 --> 06:46.000] closely with local police departments protect officers in the confines of the hearing room [06:46.000 --> 06:54.000] by offering only evidence that leads to exoneration. Deborah, I thought you might be interested [06:54.000 --> 07:06.000] in this. I find this very disturbing. We don't trust grand juries because they're secret. [07:06.000 --> 07:12.000] The only reason they don't trust grand juries because they're secret is because prosecutors [07:12.000 --> 07:20.000] go into the grand jury and only give the grand jury the information they want them to hear. [07:20.000 --> 07:29.000] So, where only a prosecutor appears before a grand jury, it's very easy for the prosecutor [07:29.000 --> 07:39.000] to sway that grand jury to whatever he chooses by selecting the information he gives. So, [07:39.000 --> 07:46.000] now they're saying instead of that, we'll just let the prosecutor make his own decision [07:46.000 --> 07:55.000] without any interference. I think they're opening a horrible can of worms. They're creating [07:55.000 --> 08:05.000] a situation where prosecutors can very easily control the entire process without even having [08:05.000 --> 08:17.000] to deal with a group of our peers. I can't imagine how this is going to improve anyone's [08:17.000 --> 08:24.000] trust in the criminal justice system. If you have a comment or an opinion on this new law, [08:24.000 --> 08:34.000] give us a call, 512-646-1984. We'll be taking your calls all night. We do have someone on [08:34.000 --> 08:41.000] the line, Jeff from Mississippi, and I hope he's come to give us a good report. Hello, [08:41.000 --> 08:44.000] Jeff. What do you have for us today? [08:44.000 --> 08:49.000] Hey, Randy. Well, thanks for having me on the show. [08:49.000 --> 08:51.000] Glad to have you. [08:51.000 --> 08:58.000] Okay. Well, I've got three quick questions. Actually, I've got four quick questions. [08:58.000 --> 09:06.000] Last week, I had asked you if you thought it was wise if I wrote my own brief, and I [09:06.000 --> 09:12.000] went back and read my brief that my attorney had written for the appeals court, and it's [09:12.000 --> 09:19.000] awfully whitewashy. I just didn't like it. I bargrieved her, and she wrote me back a [09:19.000 --> 09:26.000] SmartEllic letter saying that I could bargrieve her as many times as I wanted. So, that just [09:26.000 --> 09:33.000] kind of made me real gun-shy as to wanting another person representing me. I personally [09:33.000 --> 09:37.000] would like to get the green light to write my own brief. However, I wouldn't want to [09:37.000 --> 09:43.000] make a mistake and then destroy my case. What's your take on that? [09:43.000 --> 09:56.000] The problem is that's very easy to do. Do you have any examples of briefs filed with [09:56.000 --> 10:00.000] this particular court, especially winning briefs? [10:00.000 --> 10:04.000] Just mine. [10:04.000 --> 10:07.000] The one you both bargrieved your attorney over? [10:07.000 --> 10:11.000] Just my brief. I don't have anyone else's. Is that what you mean? [10:11.000 --> 10:13.000] Yes, yes. [10:13.000 --> 10:16.000] Okay. No, I just have my brief. [10:16.000 --> 10:24.000] Okay. It would be good for you to look at a few briefs. If not Mississippi briefs, then [10:24.000 --> 10:31.000] briefs in general. Are you comfortable with how a brief is structured? [10:31.000 --> 10:39.000] Yeah. I've read mine over and over, and they're really not all that complicated. [10:39.000 --> 10:51.000] The problem is how familiar are you with the laws involved? Have you read the criminal [10:51.000 --> 10:53.000] procedure code for Mississippi? [10:53.000 --> 10:55.000] Yes. [10:55.000 --> 10:57.000] The penal code for Mississippi? [10:57.000 --> 11:04.000] Yes. I've read that, rules of court, and even law. [11:04.000 --> 11:11.000] It sounds like you are likely to be in pretty good shape to write them, so long as you [11:11.000 --> 11:18.000] understand that never make a proactive statement of law out of your own mouth. [11:18.000 --> 11:27.000] Primarily, the structure of briefs is such that the lawyers make proactive statements [11:27.000 --> 11:35.000] of law out of the mouth of the courts. Have you found many cases addressing the [11:35.000 --> 11:38.000] kinds of issues you bring in? [11:38.000 --> 11:40.000] No. [11:40.000 --> 11:46.000] That makes this a little more problematic. When I do a brief, I just did one the [11:46.000 --> 11:52.000] other day when I put together a trespass to try title suit. I'm sorry, I put [11:52.000 --> 11:59.000] together a quiet title suit. I took the Justinowski case. This is a case the [11:59.000 --> 12:07.000] Supreme Court just recently ruled on. I took the winning brief that was filed in [12:07.000 --> 12:16.000] the case and used a lot of my plagiarizing techniques to take this particular [12:16.000 --> 12:23.000] brief and convert it to my particular issue. My particular issue is slightly [12:23.000 --> 12:28.000] different than this one, so I had to make adjustments. For the most part, I'd [12:28.000 --> 12:34.000] like to write it out of the mouth of either the lawyer who's prepared a [12:34.000 --> 12:43.000] well-structured brief or out of the mouth of the courts in rulings they have [12:43.000 --> 12:53.000] made on similar cases. My preference is rulings of the court. They're very well [12:53.000 --> 13:02.000] done. If you can find similar rulings where someone has been, you know, this [13:02.000 --> 13:09.000] issue of the indictment where there was no record in the indictment and the law [13:09.000 --> 13:16.000] required there to be a record. If you could find a similar issue, and this [13:16.000 --> 13:24.000] could well simply go to where the law required one thing and the court did [13:24.000 --> 13:30.000] something else. It doesn't necessarily have to go to the exact same issue, I [13:30.000 --> 13:38.000] mean exact same statutes, but the exact same type of issue. If you can find a [13:38.000 --> 13:49.000] court ruling where the court has defined the requirement of the prosecutor and [13:49.000 --> 13:56.000] the grand jury or public officials in general to follow rule of law. It would be [13:56.000 --> 14:04.000] nice if you could find something where it goes to grand juries and due process. [14:04.000 --> 14:08.000] Okay, grand juries and due process. [14:08.000 --> 14:12.000] Essentially this case is all about due process. [14:12.000 --> 14:15.000] Mm-hmm. [14:15.000 --> 14:20.000] But you sound like you have done your homework. [14:20.000 --> 14:26.000] Well, I've done my homework. My only problem is it's like I've got the words [14:26.000 --> 14:31.000] to the song memorized, but if I get up on stage, I'm going to wind up tripping [14:31.000 --> 14:38.000] and falling over the cables and stuff. So I might wind up writing a brief and [14:38.000 --> 14:42.000] just wind up trying to get people in headlocks and stuff and wind up blowing [14:42.000 --> 14:47.000] my case. Because I'll get in there and start calling names and throwing rocks [14:47.000 --> 14:54.000] and stuff. So even if I've got this stuff not memorized, but I can read it and [14:54.000 --> 15:00.000] go to it, the way that I come across and style it may not be all that nice. [15:00.000 --> 15:05.000] So I don't want to hurt myself. If you think it's just best that I have my [15:05.000 --> 15:09.000] attorney do it, then I will. [15:09.000 --> 15:19.000] That's hard to say. It depends on how well you trust your attorney to do a good [15:19.000 --> 15:26.000] job or do a job that's actually intended to help you win because you can't trust [15:26.000 --> 15:28.000] your attorney. [15:28.000 --> 15:35.000] I cannot trust my attorney. Absolutely not. But if you think it's best for him [15:35.000 --> 15:41.000] to write the brief and then I could call the show and say that he wrote this and [15:41.000 --> 15:43.000] wrote that. [15:43.000 --> 15:52.000] That's what I started to say. He will be more familiar with the styling and the [15:52.000 --> 16:01.000] law in the case that it is applied to and used by this court. I would think you [16:01.000 --> 16:06.000] could then take his brief and readjust it to serve your purpose if you don't [16:06.000 --> 16:13.000] trust your lawyer. And not trusting your lawyer is probably a really good idea. [16:13.000 --> 16:22.000] Okay. And my second question, I'll just cut it off after two. My second question [16:22.000 --> 16:29.000] is, well, I just went blank. Okay. I have written a bunch of letters. We were [16:29.000 --> 16:35.000] talking about tort letters. Oh, this is what I just remembered. [16:35.000 --> 16:38.000] I just remembered the music's coming on. [16:38.000 --> 16:41.000] Yeah, it is. It's there. [16:41.000 --> 16:46.000] Okay. Hang on. We'll be back. This is Randy Kelton, Deborah Stewart. This is [16:46.000 --> 16:52.000] Real Well Radio. Our call-in number is 512-646-1984. We'll have the phone lines [16:52.000 --> 17:00.000] open all night. Give us a call. We'll be right back. [17:00.000 --> 17:05.000] Through advances in technology, our lives have greatly improved, except in the [17:05.000 --> 17:09.000] area of nutrition. People feed their pets better than they feed themselves. And [17:09.000 --> 17:14.000] it's time we changed all that. Our primary defense against aging and disease in [17:14.000 --> 17:19.000] this toxic environment is good nutrition. In a world where natural fruits have [17:19.000 --> 17:24.000] been irradiated, adulterated, and mutilated, Young Jevity can provide the [17:24.000 --> 17:29.000] nutrients you need. 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That's [18:50.000 --> 18:57.000] RuleOfLawRadio.com or email M-I-C-H-A-E-L-M-I-R-R-A-S at yahoo.com to [18:57.000 --> 19:00.000] learn how to stop debt collectors now. [19:00.000 --> 19:23.000] You are listening to the Logos Radio Network, LogosRadioNetwork.com. [19:23.000 --> 19:51.000] Okay, we are back. Randy Kelton, Rule Of Law Radio, and we're talking to Jeff [19:51.000 --> 19:55.000] in Mississippi. Okay, Jeff, you had a second question. [19:55.000 --> 20:01.000] Yeah, I got really confused on this. I know it was simple, but I got confused [20:01.000 --> 20:06.000] anyway. We have been talking for a couple of months now on tort letters, and I [20:06.000 --> 20:11.000] got confused between a tort letter and a demand letter, and I've done a bunch of [20:11.000 --> 20:18.000] reading, you know, on the Internet pretty much. But the one thing that they did [20:18.000 --> 20:26.000] say that I've read in my studies is they've kind of warned not to get too [20:26.000 --> 20:31.000] aggressive too quick from what I gathered. So I didn't want to write them a [20:31.000 --> 20:35.000] tort letter and get them in a headlock and then have them come and say that I [20:35.000 --> 20:41.000] was making a claim without giving them the chance to respond or anything. So [20:41.000 --> 20:46.000] what I've done, and you may think this is hokey, is I've written a letter that [20:46.000 --> 20:53.000] says show proof for cause, and then I've listed everything that we've talked [20:53.000 --> 20:58.000] about, my getting arrested and my ending up in the newspaper with them saying I [20:58.000 --> 21:05.000] was a serial killer, reading so-and-so. I'm demanding that you show proof of [21:05.000 --> 21:10.000] your charges that you told the newspaper or that I was arrested. Show, you know, [21:10.000 --> 21:15.000] send me proof that you had a warrant to arrest me. And I didn't demand any money [21:15.000 --> 21:20.000] I just said that you need to show proof, and I've already got all those mailed [21:20.000 --> 21:21.000] out. So... [21:21.000 --> 21:23.000] Okay. That's not a problem. [21:23.000 --> 21:25.000] That's not a problem. [21:25.000 --> 21:31.000] No, that is not a problem because that essentially goes to pre-litigation [21:31.000 --> 21:34.000] discovery. It's of that nature. [21:34.000 --> 21:35.000] Okay. [21:35.000 --> 21:44.000] It would go to your exercising due diligence. You're going to claim that they [21:44.000 --> 21:47.000] made false statements about you. [21:47.000 --> 21:49.000] Yes. [21:49.000 --> 21:54.000] Before you make that claim, you give them opportunity to show that they had [21:54.000 --> 21:58.000] reason to believe their statements were correct. [21:58.000 --> 22:01.000] That's what I was trying to say, but I couldn't do it. [22:01.000 --> 22:07.000] That's reasonable. That's not a tort letter. [22:07.000 --> 22:08.000] Okay. [22:08.000 --> 22:13.000] And you call it a demand letter. It's not really a demand letter. It's more of [22:13.000 --> 22:23.000] a request. And you make this request, and then they fail to constructively [22:23.000 --> 22:30.000] respond to this request. Then that gives you reason to believe that they didn't [22:30.000 --> 22:37.000] have this information that you asked for. You essentially ask them for the [22:37.000 --> 22:44.000] information that would show that they acted in good faith based on valid [22:44.000 --> 22:46.000] information. [22:46.000 --> 22:47.000] Yes. [22:47.000 --> 22:53.000] When they refuse to produce it, now you have reasonable probable cause to [22:53.000 --> 22:57.000] believe that they did not act in good faith, that they did not have the [22:57.000 --> 23:03.000] information that would lead someone to a reasonable belief that their [23:03.000 --> 23:06.000] statements were true. [23:06.000 --> 23:07.000] Okay. [23:07.000 --> 23:15.000] And that merely helps you establish a prima facie case for slander or libel. [23:15.000 --> 23:17.000] Okay, good. [23:17.000 --> 23:18.000] Good. [23:18.000 --> 23:21.000] That's probably a good idea. [23:21.000 --> 23:22.000] Great. [23:22.000 --> 23:26.000] Go ahead. [23:26.000 --> 23:31.000] No, I just kind of stumbled into that, and I'm so happy. I'm thrilled. [23:31.000 --> 23:37.000] It's a nice stumble. You could do that. When people said not to get so [23:37.000 --> 23:43.000] aggressive in your tort letter, then I agree with that. With the tort letter, [23:43.000 --> 23:52.000] you say, I have been harmed. You took this action. I've been harmed by your [23:52.000 --> 23:59.000] action. Make me whole or be sued. That's giving them opportunity to either [23:59.000 --> 24:07.000] give you what you asked for or show you why they are not responsible for the [24:07.000 --> 24:12.000] tort actions against you. It's notice and opportunity. [24:12.000 --> 24:15.000] Oh, okay. So it covers it anyway. [24:15.000 --> 24:20.000] It covers it anyway, but this is what you're doing is preliminary. Actually, [24:20.000 --> 24:23.000] this is a better way to do it. [24:23.000 --> 24:27.000] Okay, because I have been warned that it might look like I was trying to punch [24:27.000 --> 24:31.000] somebody in the nose, and then I would wind up losing in the courtroom. [24:31.000 --> 24:34.000] Now, that won't have anything to do with it. [24:34.000 --> 24:36.000] Okay. [24:36.000 --> 24:43.000] If kissing the judges behind is a prerequisite to winning in the courtroom, [24:43.000 --> 24:51.000] there is another issue. And part of somebody saying something like that goes [24:51.000 --> 24:57.000] to their lack of understanding what the purpose of the courtroom is. [24:57.000 --> 24:58.000] Okay. [24:58.000 --> 25:01.000] And you need to set the record for appeal. [25:01.000 --> 25:02.000] Okay. [25:02.000 --> 25:03.000] There you go. [25:03.000 --> 25:04.000] Oh, fantastic. [25:04.000 --> 25:05.000] Go ahead. [25:05.000 --> 25:09.000] No, I said that's fantastic. I really am. I'm jumping up and down. I can't [25:09.000 --> 25:13.000] believe I stumbled into something really good. That's great. [25:13.000 --> 25:18.000] Yeah, that is good. That is a much better way of doing it than just going in [25:18.000 --> 25:21.000] with a tort letter. [25:21.000 --> 25:23.000] That's what I was going to do. You know, you punch me in the nose, [25:23.000 --> 25:27.000] give me a million dollars, or I'm going to put you in a headlock. [25:27.000 --> 25:30.000] That's exactly what I was going to write. And somebody said, no, that's a [25:30.000 --> 25:36.000] little too bearish. You know, don't do that. Give them a chance. [25:36.000 --> 25:39.000] That was good advice. [25:39.000 --> 25:46.000] Okay, I gave them 30 days to respond. And so after the 30 days, I'll call you [25:46.000 --> 25:50.000] and tell you, you know, step two. [25:50.000 --> 25:51.000] Good, good. [25:51.000 --> 25:55.000] Okay. Those are all the questions I've got. I'll let you move on. I sure [25:55.000 --> 25:58.000] appreciate it. And I'll talk to you next week. I've got more stuff. [25:58.000 --> 26:02.000] All right. Good. Okay. Stay in touch. [26:02.000 --> 26:03.000] Okay. [26:03.000 --> 26:12.000] Okay. Now we're going to Doug in Indiana. Doug, your name doesn't look familiar [26:12.000 --> 26:15.000] to me. Are you a first-time caller? [26:15.000 --> 26:19.000] No, I've called you guys five or six times. [26:19.000 --> 26:27.000] Okay. Maybe I'm just old and don't remember. Okay. What do you have for us tonight? [26:27.000 --> 26:36.000] I've got that problem. Well, this is small claims stuff. But it's not debt [26:36.000 --> 26:42.000] collectors. But it's not really so much debt collectors. It's more about the [26:42.000 --> 26:51.000] court and the way they handle their small claims. I got, last month I got a [26:51.000 --> 26:57.000] summons delivered to me and it was a rule to show cause why I shouldn't be [26:57.000 --> 27:04.000] held in contempt of court or not showing up for court. I wasn't even aware of [27:04.000 --> 27:14.000] this debt. I've never been to court over the debt. The problem is when you go to [27:14.000 --> 27:20.000] small claims court in my county, you're going to sit down and they call your [27:20.000 --> 27:26.000] name and then this wannabe attorney probably took him three tries at the bar [27:26.000 --> 27:34.000] to pass it, debt collector, across the end of the hallway and takes him to this little room and [27:34.000 --> 27:41.000] more or less just forces the person to sign their paperwork by making untrue and [27:41.000 --> 27:48.000] false claims. Cause I asked him in the hallway, I said no. Right away he handed me [27:48.000 --> 27:53.000] the debtors exam paper and all my money where I got it and all that stuff. I'm a [27:53.000 --> 28:01.000] disabled vector and so I don't have a ton of money. But I told him I want to go [28:01.000 --> 28:06.000] fill it out because I was there for a rule to show cause. He said well we're [28:06.000 --> 28:12.000] going to take care of that. I said so since when do they allow debt collectors [28:12.000 --> 28:19.000] to hold trial for a rule to show cause? He just kind of looked at me perplexed [28:19.000 --> 28:25.000] and he said I'm an attorney. I said not by the definition of the fair debt [28:25.000 --> 28:29.000] collection practices, I did not. You're a debt collector. [28:29.000 --> 28:34.000] I'm liking you a whole lot better. [28:34.000 --> 28:39.000] I'm a law student. I'm trying. [28:39.000 --> 28:45.000] So what did this debt collector say? [28:45.000 --> 28:52.000] Well he just tried to get me to fill out his debt collectors and debtors exam. [28:52.000 --> 28:56.000] I put a big X on it and chucked it back in his face and he gave me his pin. I said [28:56.000 --> 29:01.000] there's my signature. I said you're not getting nothing from me until I get to [29:01.000 --> 29:08.000] go in front of the judge and you prove the debt. Cause the things 15 years old [29:08.000 --> 29:16.000] has passed affect even limitations. But there was no trial for a rule to show [29:16.000 --> 29:18.000] cause. [29:18.000 --> 29:22.000] Okay hold on. We're going to go to break here shortly. We've got about 40 seconds [29:22.000 --> 29:29.000] but I would like to back up on this because you hit exactly on something that [29:29.000 --> 29:36.000] I'm about to take on in an innovative way. And I'll talk about that when we come [29:36.000 --> 29:39.000] back on the other side. [29:39.000 --> 29:44.000] It's a statute we have here in Texas that you may not have exactly the statute in [29:44.000 --> 29:48.000] Indiana but you're going to have something close. It's about securing an [29:48.000 --> 29:53.000] execute in your documents by deception. And I'll explain that when we get back. [29:53.000 --> 29:58.000] Randy Kelton, Bluelovell Radio. Our call in number 512-646-1984. [29:58.000 --> 30:07.000] PowerPoint has crept into our lives and reached the level of near obsession in [30:07.000 --> 30:11.000] corporate America. Are we going overboard with it? I've got Dr. Catherine Albrecht [30:11.000 --> 30:16.000] back with a commentary on how PowerPoint erodes critical thinking next. [30:16.000 --> 30:21.000] Privacy is under attack. When you give up data about yourself you'll never get it [30:21.000 --> 30:26.000] back again. And once your privacy is gone you'll find your freedoms will start to [30:26.000 --> 30:31.000] vanish too. So protect your rights. Say no to surveillance and keep your [30:31.000 --> 30:36.000] information to yourself. Privacy, it's worth hanging on to. This message is [30:36.000 --> 30:40.000] brought to you by StartPage.com, the private search engine alternative to [30:40.000 --> 30:46.000] Google, Yahoo and Bing. Start over with StartPage. [30:46.000 --> 30:51.000] We've all experienced it. Death by PowerPoint. Microsoft's presentation [30:51.000 --> 30:55.000] program has turned countless meetings into mind-numbing boredom. Got a product [30:55.000 --> 31:00.000] and idea? Do a PowerPoint. Trouble in the battlefield? PowerPoint again. Ugg. [31:00.000 --> 31:04.000] Unless it's creatively spiffed up with lots of pictures, PowerPoint can be the [31:04.000 --> 31:09.000] death of a meeting. It relieves the lazy speaker from having to actually write a [31:09.000 --> 31:14.000] thoughtful speech or convey a persuasive argument. Too often instead of analysis [31:14.000 --> 31:19.000] we get mind-numbing bullet points. The key is never to put your speech up on the [31:19.000 --> 31:24.000] screen. Use lots of pictures and never, ever, never read from a slide. [31:24.000 --> 31:28.000] I'm Dr. Catherine Albrecht for StartPage.com, the world's most private [31:28.000 --> 31:55.000] search engine. [31:58.000 --> 32:02.000] We're going to have to stand and defend our own rights. Among those rights are [32:02.000 --> 32:05.000] the right to travel freely from place to place, the right to act in our own [32:05.000 --> 32:08.000] private capacity, and most importantly, the right to due process of law. [32:08.000 --> 32:11.000] Traffic courts afford us the least expensive opportunity to learn how to [32:11.000 --> 32:15.000] enforce and preserve our rights through due process. Former Sheriff's Deputy A. [32:15.000 --> 32:19.000] Craig and his wife, Dr. Albrecht, have been working on this for a long time. [32:19.000 --> 32:22.000] They've been working on this for a long time. They've been working on this for a [32:22.000 --> 32:25.000] long time. They've been working on this for a long time. They've been working on [32:25.000 --> 32:28.000] this for a long time. They've been working on this for a long time. They're [32:28.000 --> 32:31.000] working on this for a long time. They've been working on this for a long time. [32:31.000 --> 32:33.000] They're working on this for a long time. They're working on this for a long [32:33.000 --> 32:36.000] time. We've got to learn how to protect our rights through due process. [32:36.000 --> 32:40.000] Former Sheriff's Deputy A. Craig in conjunction with Rule of Law Radio has [32:40.000 --> 32:43.000] put together the most comprehensive teaching tool available that will help you [32:43.000 --> 32:46.000] understand what due process is and how to hold courts to the rule of law. [32:46.000 --> 32:52.000] You can get your own copy of this invaluable material by going to [32:52.000 --> 32:56.220] for your rights with the help of this material from ruleoflawradio.com. Order your copy today [32:56.220 --> 33:24.360] and together we can have the free society we all want and deserve. [33:24.360 --> 33:54.200] okay we are back randy kelton rule of law radio and we have a very special guest [33:54.200 --> 34:06.280] with us tonight jeff cedric is kind of our local credit guy he is the guru of credit it's not to [34:06.280 --> 34:11.560] say he knows everything about credit because he gets on to me when i say that he just knows a whole [34:11.560 --> 34:19.640] lot more than i do hello jeff good evening randy okay and i can't remember the call your caller's [34:19.640 --> 34:27.480] name uh doug doug from indiana and doug right you not only got my attention but you got just [34:27.480 --> 34:32.840] attention and before we get to jeff i want to back up to something and tell you a little story [34:33.560 --> 34:37.080] i got someone who works for me here in texas she got a ticket [34:38.200 --> 34:42.760] said she wanted me to go to court with her so i went to court with her and she told the judge [34:42.760 --> 34:51.160] that i was here as her counsel of choice and the judge was amenable to that he said i will let you [34:51.720 --> 34:57.240] speak here but if we come back and go to trial you will not be allowed to speak and i said fair enough [34:58.280 --> 35:06.040] and i had her tell the judge that that she wanted to have an examining trial and the judge told him [35:06.040 --> 35:12.840] that he wasn't having an examining trial and i reminded the judge that she signed a ticket and [35:12.840 --> 35:19.160] agreed to prove for magistrate and he said well mr kelton all judges are magistrates that you just [35:19.160 --> 35:25.400] understand that your honor but what i'm not certain of at this moment are you wearing your [35:25.400 --> 35:30.600] judge's hat or your magistrate's hat and he didn't answer that but he refused to hold an examining [35:30.600 --> 35:37.240] trial so we're going to charge him with securing and executing a document by a deception [35:38.680 --> 35:49.080] and this is the part you like doug she signed that ticket and under law a police officer may [35:49.080 --> 35:58.280] authorize a person or may release a person on their own recognizance if they sign a promise to [35:58.280 --> 36:06.680] appear before a magistrate well she did that she signed this document and appeared agreed to appear [36:06.680 --> 36:12.120] before a magistrate but when she came to court she didn't appear before a magistrate she appeared [36:12.120 --> 36:18.920] before a judge who tried to hold an arraignment hearing and we call that a conspiracy between the [36:18.920 --> 36:28.360] police officer and the judge to secure and execute a document the ticket by deception [36:29.560 --> 36:35.000] they tricked her to come there on the pretense that she would appear before a magistrate [36:35.000 --> 36:41.800] and they actually put it before a judge in your case they ordered you to come to court under the [36:41.800 --> 36:51.480] apparent authority of a judicial officer to meet with a debt collector i was once uh ordered to [36:51.480 --> 36:56.360] come to court over an issue and the prosecutor took you to come out and said mr kelton you're [36:56.360 --> 37:01.400] mr kelton i said yes ma'am uh i would i want to talk to you will you come back to my office please [37:01.400 --> 37:08.360] no well mr kelton i need to talk to you i said well you're the persecuted attorney and i don't [37:08.360 --> 37:14.520] talk to persecuting attorneys well mr kelton i need to talk to you your problem not my problem [37:14.520 --> 37:19.160] i'm here to talk to the judge where's the judge well the judge is not here we'll go get her [37:20.600 --> 37:25.400] and i guess she'd never had that done before but she finally did get the judge [37:27.480 --> 37:35.480] you were summoned by judicial process to appear before someone who's not even all [37:35.480 --> 37:44.360] a prosecuting attorney yeah he's a debt collector that that sounds like [37:45.480 --> 37:52.360] impersonating a public official that's where i was getting that i'm not yeah i'm not sure [37:52.360 --> 37:59.080] about indiana but that's a felony in state of texas well it's common here in our county [37:59.080 --> 38:06.040] when a debt collector pursues you you never see the judge you just get accosted by the attorney [38:06.040 --> 38:11.960] out there in his little office and he tells you stuff like well i'm acting on behalf of the judge [38:13.320 --> 38:23.240] stuff that is exactly what the magistrate said to the judge in this case he said well mr kelton [38:23.240 --> 38:28.920] we don't do examining trials for class c misdemeanors i said i understand that [38:30.040 --> 38:36.520] and that's where i have a problem well mr kelton this is i've been a judge for 30 years and this [38:36.520 --> 38:42.440] has been the policy i said well your honor to quote judge shipman out of denton county when i [38:43.080 --> 38:49.480] refer to him to an attorney general's opinion he told me i could use that attorney general [38:49.480 --> 38:54.600] and he said as far as this court is concerned you can use that attorney general's opinion for toilet [38:54.600 --> 39:05.000] paper and as far as i am concerned to the degree that your policy does not comport with law you [39:05.000 --> 39:14.440] can do the same thing with your policy so you sound like you are in that position i would sure [39:14.440 --> 39:23.400] look close at the indiana criminal procedure code as it applies in this case [39:25.160 --> 39:34.440] and then i would want to talk to a guy named jeff sedrich because he wants to talk about fdcpa claims [39:34.440 --> 39:44.120] jeff oh yes very much so uh first did you say that you put some sort of mark down on a piece of paper [39:44.120 --> 39:54.040] for this attorney no he handed me the debtor's uh interrogation worksheet you know to fill out [39:54.840 --> 39:59.640] across the whole thing i crossed the whole thing out the whole page for the next big x on [39:59.640 --> 40:05.320] the whole page put the next big x on oh you crossed you put a big x across the page yeah [40:05.320 --> 40:11.000] i handed it back to him oh okay okay good yeah the way the way it sounded to me was like you [40:11.000 --> 40:16.920] just made some sort of scribble down at the bottom oh no i went from corner to corner put a big x on [40:16.920 --> 40:23.800] the whole thing and said here you go okay okay all right because there were a lot of people do not [40:23.800 --> 40:31.800] understand the signature is not what you write the signature is the act of putting your name to a [40:31.800 --> 40:35.960] piece of paper and it doesn't matter if it's an x and o with a dot in the middle or anything else [40:37.160 --> 40:41.480] yeah you put something down on that piece of paper as though it were your signature [40:41.480 --> 40:48.600] that's it you signed it so you have to be careful that sort of thing yes i went into the movie store [40:48.600 --> 40:54.680] one day and they hand me the little deal to sign and i put an x on it and the woman behind the [40:54.680 --> 40:58.520] counter said somebody else came in did that the other day and i accused them of signing your name [41:04.040 --> 41:10.600] but right off the bat you you got you got two fdcpa violations and as they are taking an action [41:10.600 --> 41:15.560] they can't legally take and they're using false and deceptive means to collect the debt that's [41:15.560 --> 41:26.520] two federal fdcpa claims yes against the attorney and the debt collector doug how how familiar are [41:26.520 --> 41:38.040] you with the fdcpa i became pretty much a guru on the fdcpa not by choice i was on active duty [41:38.040 --> 41:45.560] trained to go to iraq and collectors just come crawling out of the woodwork sued me they foreclosed [41:45.560 --> 41:53.560] on my house and whoa whoa stop they foreclosed on your house while you were in the military [41:55.000 --> 42:03.160] yeah have you sued them for that i did oh my they bought they bought my new farm [42:03.160 --> 42:09.720] oh oh okay i'm liking this guy better all the time jeff right me too [42:10.760 --> 42:19.160] guru was the fdcpa not by choice but kind of like i was forced into it uh-huh and are you [42:19.160 --> 42:28.120] saying you had this soap box kicked up under your feet yeah but if you have a pencil and paper i'd [42:28.120 --> 42:41.560] like to give you a couple of statues for you to start with okay 15 usc 1691 he is an edward six [42:43.080 --> 42:49.000] and he is an edward ten you can actually go through all the e's and see if there's anything [42:49.000 --> 42:58.360] else that applies okay okay now this is where i suspect i don't know because i don't know your [42:58.360 --> 43:07.720] course but this is what i suspect uh has taken place they summoned you for a hearing but first [43:07.720 --> 43:15.000] they had mediation they didn't tell you that that was mediation you go in there you don't you don't [43:15.000 --> 43:22.440] deal with this attorney you turn around you walk away you leave you leave the courthouse yeah and [43:22.440 --> 43:30.040] after the mediation is over with they have their hearing and you get a default judgment yeah that's [43:30.040 --> 43:35.720] the way they do it yeah you don't even know what you know they hold a secret you don't know what he [43:35.720 --> 43:44.760] said okay hang on guys we're about to go to break this is ready to talk about the students we have our radio [43:44.760 --> 43:49.640] our calling number five one two six four six nineteen eighty four and we are having [43:49.640 --> 43:53.880] fun with the fpcpa we'll be right back back on the other side [43:53.880 --> 44:07.800] hello my name is steward smith from natures pure organics.com and i would like to invite you to come [44:07.800 --> 44:13.720] by our store at 1904 guadalupe street sweet d here in austin texas iron brave new books and chase [44:13.720 --> 44:18.760] paint to see all our fantastic health and wellness products with 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what your lawyer should be doing if you don't have a lawyer know what you [45:20.920 --> 45:27.240] should do for yourself thousands have won with our step-by-step course and now you can too [45:27.240 --> 45:34.440] jurisdictionary was created by a licensed attorney with 22 years of case winning experience even if [45:34.440 --> 45:39.400] you're not in a lawsuit you can learn what everyone should understand about the principles [45:39.400 --> 45:46.760] and practices that control our american courts you'll receive our audio classroom video seminar [45:46.760 --> 45:55.160] tutorials forms for civil cases pro se tactics and much more please visit ruleoflawradio.com [45:55.160 --> 46:10.520] and click on the banner or call toll-free 866 law easy [46:25.560 --> 46:28.520] this [46:37.320 --> 46:42.520] me [46:42.520 --> 46:47.520] Watchin' the sparks fly [46:48.520 --> 46:53.520] Watchin' the sparks fly [46:54.520 --> 46:59.520] Watchin' the sparks fly [47:01.520 --> 47:03.520] Friction isn't addiction [47:03.520 --> 47:06.520] The hard work can lead you to hopelessness [47:06.520 --> 47:09.520] There's a possibility toy trunk could be key [47:09.520 --> 47:12.520] A heavy load that can't be unscathed [47:12.520 --> 47:15.520] The time is colliding with the compass [47:15.520 --> 47:18.520] You find out after a while [47:18.520 --> 47:20.520] It's not your moral standard [47:20.520 --> 47:23.520] It's your patience that's on trial [47:23.520 --> 47:43.520] Watchin' the sparks fly [47:54.520 --> 47:56.520] This is about all of them [47:56.520 --> 47:59.520] Using a false and deceptive means to collect the debt [47:59.520 --> 48:01.520] Yeah [48:01.520 --> 48:05.520] I mean, if you name it, they pretty much do [48:05.520 --> 48:06.520] Right [48:06.520 --> 48:11.520] If they've already handed down a default judgment [48:11.520 --> 48:16.520] You're going to have a little bit of a problem in federal court with this [48:16.520 --> 48:20.520] Because they're going to come in waving a piece of paper in the air [48:20.520 --> 48:21.520] Screaming [48:21.520 --> 48:24.520] Ready to shoot a car, ready to shoot a car [48:24.520 --> 48:28.520] But here's what the truth of the matter is on that [48:28.520 --> 48:30.520] That decision was about the debt [48:30.520 --> 48:33.520] Your lawsuit is about their bad behavior [48:33.520 --> 48:37.520] Due process, due process [48:37.520 --> 48:43.520] I'm considering launching a collateral attack in our superior court [48:43.520 --> 48:47.520] That the judgment is void due to lack of service [48:47.520 --> 48:48.520] Because they [48:48.520 --> 48:53.520] If you appeared, you perfected the service [48:53.520 --> 48:56.520] Well, when the case originally started [48:56.520 --> 48:58.520] I didn't get a notice [48:58.520 --> 49:01.520] The only notice about this debt I got was a month ago [49:01.520 --> 49:04.520] When they served me a rule to show cause [49:04.520 --> 49:07.520] Since they wanted to know why I shouldn't be held in contempt [49:07.520 --> 49:10.520] Because I didn't go to the last court hearing [49:10.520 --> 49:12.520] Yeah, you should have answered that [49:12.520 --> 49:16.520] And waited around for the hearing to answer it [49:16.520 --> 49:24.520] Because having not done so just appeared in the mitigation [49:24.520 --> 49:27.520] They said there was no judge to hear [49:27.520 --> 49:28.520] Now, wait a minute, Joe [49:28.520 --> 49:32.520] He didn't appear, he wasn't summoned for mitigation [49:32.520 --> 49:35.520] I know he wasn't, but that's what they generally meant to [49:35.520 --> 49:39.520] It doesn't matter what they held [49:39.520 --> 49:45.520] They hold the mitigation in front of the hearing [49:45.520 --> 49:48.520] And he didn't appear for the hearing to make his case [49:48.520 --> 49:53.520] But he didn't have notice that what he was summoned to [49:53.520 --> 49:57.520] He didn't appear for the show cause hearing, Randy [49:57.520 --> 50:00.520] No, you don't get to say come here for this reason [50:00.520 --> 50:04.520] But we're going to hold a meeting you don't know anything about before this hearing [50:04.520 --> 50:07.520] But we're not going to tell you that's what we're holding [50:07.520 --> 50:11.520] We're just going to force you into it under the guise of being a hearing [50:11.520 --> 50:15.520] And if you speak in here, then you give up all your rights [50:15.520 --> 50:17.520] That's horse manure [50:17.520 --> 50:20.520] But that's the way it's going to work, Randy [50:20.520 --> 50:26.520] You're supposed to know what the law is [50:26.520 --> 50:27.520] He should have waited around for the hearing [50:27.520 --> 50:29.520] He didn't know to wait around for the hearing [50:29.520 --> 50:30.520] But he should have waited around for the hearing [50:30.520 --> 50:33.520] I asked him about ten times [50:33.520 --> 50:36.520] No, you asked the clerk, you asked the clerk of the court [50:36.520 --> 50:39.520] You don't ask him [50:39.520 --> 50:41.520] The clerk said to the judge [50:41.520 --> 50:43.520] Was his lips moving? [50:43.520 --> 50:46.520] Is he an attorney? [50:46.520 --> 50:52.520] Well, the lips are moving and his attorney is probably lying [50:52.520 --> 50:54.520] Yeah [50:54.520 --> 51:01.520] So the reason why I mentioned to say that to you is because I got sandbagged the same way [51:01.520 --> 51:05.520] I didn't know that was what was going on [51:05.520 --> 51:09.520] This is one reason why I decided to go to law school [51:09.520 --> 51:10.520] I got bombarded by all this stuff [51:10.520 --> 51:12.520] I learned so much [51:12.520 --> 51:18.520] I'm going to go ahead and go to school and use the GI bill and go to law school [51:18.520 --> 51:20.520] Finishing up my degree [51:20.520 --> 51:25.520] I'm finishing up my degree and going to law school [51:25.520 --> 51:32.520] I would suggest you seriously entertain an FTCPA suit against both the debt collector and the attorney [51:32.520 --> 51:34.520] Oh, I plan on it, yeah [51:34.520 --> 51:39.520] Well, the attorney was the debt collector [51:39.520 --> 51:45.520] Did he buy the debt or is he representing someone? [51:45.520 --> 51:46.520] He wouldn't answer that question [51:46.520 --> 51:50.520] I assume he's representing someone but he wouldn't answer that question [51:50.520 --> 51:51.520] Okay [51:51.520 --> 51:54.520] Well, you need to go and pull the papers [51:54.520 --> 51:58.520] Find out who the supposed creditor is [51:58.520 --> 52:02.520] I pulled the chronological case summary [52:02.520 --> 52:04.520] Say again, sir [52:04.520 --> 52:08.520] I pulled our chronological case summary [52:08.520 --> 52:09.520] Huh? [52:09.520 --> 52:10.520] The court's records [52:10.520 --> 52:12.520] They call it a chronological case summary [52:12.520 --> 52:14.520] Here's the court's records basically [52:14.520 --> 52:15.520] Okay [52:15.520 --> 52:20.520] The original summons to go to court was 10 years ago [52:20.520 --> 52:22.520] And they served me [52:22.520 --> 52:23.520] What? [52:23.520 --> 52:24.520] I used to [52:24.520 --> 52:27.520] I was waiting for that [52:27.520 --> 52:28.520] What? [52:28.520 --> 52:37.520] They served me originally at the house that was foreclosed on while I was on a deployment for Operation Iraqi Freedom [52:37.520 --> 52:41.520] That house has been empty since 2006 [52:41.520 --> 52:43.520] Wait a minute now [52:43.520 --> 52:46.520] Is this on the hearing that you just had? [52:46.520 --> 52:48.520] Yes [52:48.520 --> 52:52.520] They got a judgment and then they renewed the judgment [52:52.520 --> 52:54.520] You can renew it once in Indiana [52:54.520 --> 52:58.520] They're good for 10 years then you can renew it and then you can renew it [52:58.520 --> 53:02.520] I've known nothing about this the whole time because the original summons [53:02.520 --> 53:08.520] The original service of process took place in the vacant house that nobody's lived here since 2006 [53:08.520 --> 53:14.520] They found a motion in to vacate that the original summons [53:14.520 --> 53:21.520] If the original summons was not served and you were in the military at the time and you knew nothing about it [53:21.520 --> 53:25.520] You didn't know anything about anything until this show cause hearing [53:25.520 --> 53:27.520] Yeah, that's what I was going to do [53:27.520 --> 53:29.520] I'm going to [53:29.520 --> 53:33.520] Step back one step [53:33.520 --> 53:40.520] When they filed these actions they have to file notice to the court that you're not in the military [53:40.520 --> 53:42.520] You need to see if that's in there [53:42.520 --> 53:44.520] No, no, no [53:44.520 --> 53:47.520] Foreclosures, yes they do [53:47.520 --> 53:53.520] I've got an affidavit of non-military status but I've got my orders [53:53.520 --> 53:55.520] So, you know [53:55.520 --> 53:57.520] Right [53:57.520 --> 54:00.520] They just filled it out and said no he's not in the military [54:00.520 --> 54:05.520] You've got big time FDCPA and now you can go for actual damages [54:05.520 --> 54:07.520] Yeah [54:07.520 --> 54:09.520] Right [54:09.520 --> 54:16.520] My issue here is not my intent to just fry the little fish [54:16.520 --> 54:24.520] It's what I'm wanting to know is the fact that the courts never give the other person [54:24.520 --> 54:28.520] I've talked to a whole bunch of other people and that's how they handle things [54:28.520 --> 54:32.520] From the first day you talk to that attorney he hands you a bunch of paperwork [54:32.520 --> 54:39.520] And you say well if you don't sign it then we're going to go to court and the judge is going to fine you in contempt [54:39.520 --> 54:41.520] Overshadowing [54:41.520 --> 54:45.520] Yeah, overshadowing, you've never been to court [54:45.520 --> 54:50.520] And you don't even get to make them prove the debt or any of that stuff [54:50.520 --> 54:55.520] They just do it out in the hallway and then they start telling him like he tells the judge when he actually sees the judge [54:55.520 --> 54:59.520] It's just him, he goes in with all these paperwork from all them debtors [54:59.520 --> 55:04.520] And then tells the judge well in this case here's his signed papers, here's their signed papers [55:04.520 --> 55:08.520] But they tell people false statements sit there [55:08.520 --> 55:13.520] You know if you don't sign this the judge will propose you in contempt of court and put you in jail [55:13.520 --> 55:15.520] You have to sign it [55:15.520 --> 55:17.520] So [55:17.520 --> 55:21.520] So basically that's an asset hearing [55:21.520 --> 55:27.520] Yeah right off the bat, you haven't even been to court for the thing and they're already doing an asset hearing [55:27.520 --> 55:33.520] You're going to have to go back and dismail this thing from day one [55:33.520 --> 55:35.520] Okay [55:35.520 --> 55:37.520] Really [55:37.520 --> 55:44.520] At that time I would still file an FDCPA action and your wherefore statement put in there for [55:44.520 --> 55:52.520] Statutory damages, costs, attorney fees, if any, and actual damages as they may bear [55:52.520 --> 55:54.520] Because you don't know what they are yet [55:54.520 --> 55:57.520] You don't know what they all are as yet [55:57.520 --> 55:59.520] Yes [55:59.520 --> 56:01.520] Okay [56:01.520 --> 56:10.520] Doug are you familiar with the private attorney general concept? [56:10.520 --> 56:12.520] Yes [56:12.520 --> 56:18.520] This certainly sounds like something ripe for that nature of an action [56:18.520 --> 56:24.520] This is that kind of action, an FDCPA action is private attorney general action [56:24.520 --> 56:31.520] Yeah, you won't get a regular attorney to take any of that because there's no money in it for them [56:31.520 --> 56:37.520] Yes, under the FDCPA there's fee shifting [56:37.520 --> 56:43.520] Yeah, fee shifting [56:43.520 --> 56:48.520] What I'm getting at here is courts are corrupt here [56:48.520 --> 56:55.520] Yeah, I understand that but first thing you need to handle is to get this thing out of the way first [56:55.520 --> 56:57.520] Then go after the courts [56:57.520 --> 57:01.520] Okay, well let me ask you a question Doug [57:01.520 --> 57:06.520] How concerned are you about this debt? [57:06.520 --> 57:08.520] How could what? [57:08.520 --> 57:12.520] I mean is it a really big deal for you? [57:12.520 --> 57:18.520] Or are you more concerned about the corruption surrounding the debt? [57:18.520 --> 57:22.520] I'm more concerned about the corruption surrounding the debt [57:22.520 --> 57:28.520] Because there's so many people that go in there and they get railroaded into paying the debt [57:28.520 --> 57:32.520] That I bet you they can't prove 95% of them [57:32.520 --> 57:35.520] Jeff you got to understand [57:35.520 --> 57:39.520] You got to understand he's a vet [57:39.520 --> 57:46.520] We went in the military, we swore in our oath we'd protect this country from all enemies, foreign and domestic [57:46.520 --> 57:51.520] He's found a domestic enemy, this is exactly why I do this show [57:51.520 --> 57:56.520] Alright, I'm going to harken back to what they tell you on the airliners [57:56.520 --> 58:02.520] When the oxygen masks drop down, you put your own on first [58:02.520 --> 58:04.520] Yes [58:04.520 --> 58:10.520] Well I'm going to suggest something in the way of strategy when we come back on the other side [58:10.520 --> 58:14.520] We've got to get to the top of the outbreak [58:14.520 --> 58:18.520] Since he's not as concerned about the debt itself [58:18.520 --> 58:23.520] He's not in a desperate situation to get out from under [58:23.520 --> 58:28.520] He can more carefully manipulate these guys [58:28.520 --> 58:36.520] Hang on, Randy Kelton, Debra Stephens, Rudolfo Radio, our call in number 512-646-1984 [58:36.520 --> 58:41.520] Give us a call, we'll keep the phone lines open all night, we'll be right back [58:49.520 --> 58:53.520] The Bible remains the most popular book in the world [58:53.520 --> 58:57.520] Yet countless readers are frustrated because they struggle to understand it [58:57.520 --> 59:01.520] Some new translations try to help by simplifying the text [59:01.520 --> 59:05.520] But in the process can compromise the profound meaning of the scripture [59:05.520 --> 59:08.520] Enter the recovery version [59:08.520 --> 59:12.520] First, this new translation is extremely faithful and accurate [59:12.520 --> 59:17.520] But the real story is the more than 9,000 explanatory footnotes [59:17.520 --> 59:21.520] Difficult and profound passages are opened up in a marvelous way [59:21.520 --> 59:27.520] Providing an entrance into the riches of the Word beyond which you've ever experienced before [59:27.520 --> 59:32.520] Bibles for America would like to give you a free recovery version simply for the asking [59:32.520 --> 59:43.520] This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102 [59:43.520 --> 59:47.520] Or by ordering online at freestudybible.com [59:47.520 --> 59:51.520] That's freestudybible.com [59:51.520 --> 59:59.520] You're listening to the Logos Radio Network at logosradionetwork.com [59:59.520 --> 01:00:04.520] The following is brought to you by the Low Star Lowdown [01:00:04.520 --> 01:00:07.520] Providing your daily bulletins for the commodity market [01:00:07.520 --> 01:00:11.520] Today in history, news updates [01:00:11.520 --> 01:00:15.520] And the inside scoop into the tides of the alternative [01:00:15.520 --> 01:00:20.520] Music [01:00:20.520 --> 01:00:26.520] Markets for the 6th of August 2015 opened up with gold at $1,089.62 an ounce [01:00:26.520 --> 01:00:29.520] Silver, $14.67 an ounce [01:00:29.520 --> 01:00:32.520] Texas crude, $45.15 a barrel [01:00:32.520 --> 01:00:36.520] And bitcoin is currently sitting at about $279 US currency [01:00:36.520 --> 01:00:42.520] Music [01:00:42.520 --> 01:00:46.520] Today in history, Monday August 6, 1945 [01:00:46.520 --> 01:00:54.520] A uranium gun type atomic bomb named Little Boy was dropped on Hiroshima by US B-29 bomber Super Fortress Enola Gay [01:00:54.520 --> 01:01:00.520] It was detonated 2,000 feet above Hiroshima in a blast equal to roughly 15,000 tons of TNT [01:01:00.520 --> 01:01:02.520] It destroyed 5 square miles of the city [01:01:02.520 --> 01:01:12.520] $150,000 is the estimated death toll as a result of the initial blast and after effects [01:01:12.520 --> 01:01:16.520] In recent news, the Republicans are having their big presidential nominee debate tonight [01:01:16.520 --> 01:01:18.520] And big is not an understatement [01:01:18.520 --> 01:01:20.520] Fox News will be hosting the debates tonight [01:01:20.520 --> 01:01:22.520] That's right, there is more than one [01:01:22.520 --> 01:01:24.520] With candidates outside the top 10 [01:01:24.520 --> 01:01:30.520] Carly Firena, Jim Gilmore, Lindsey Graham, Bobby Jindal, George Pataki, Rick Perry and Rick Santorum [01:01:30.520 --> 01:01:34.520] Scheduled for an hour debate at 5 p.m. Eastern Standard Time, 4 p.m. Central [01:01:34.520 --> 01:01:43.520] And the top 10 candidates, Jeb Bush, Ben Carson, Chris Christie, Ted Cruz, Mike Huckabee, John Kissich, Rand Paul, Donald Trump, Mark Rubio and Scott Walker [01:01:43.520 --> 01:01:47.520] Having their two hour scheduled debate at 9 p.m. Eastern Standard Time, 8 Central [01:01:47.520 --> 01:01:52.520] Music [01:01:52.520 --> 01:01:58.520] A US Fifth Circuit court in New Orleans found that Texas's law requiring residents to show state approved IDs [01:01:58.520 --> 01:02:02.520] In order to cast ballots violated Section 2 of the Voting Rights Act [01:02:02.520 --> 01:02:07.520] The ruling yesterday rejected the poll tax ruling from Corpus Christi, the US District Court last year [01:02:07.520 --> 01:02:11.520] Since Texas has taken steps to allow residents to receive free IDs [01:02:11.520 --> 01:02:16.520] But it upheld the lower court's assertion that the effect of the law was nonetheless discriminatory [01:02:16.520 --> 01:02:18.520] The case will now return to the US District Court [01:02:18.520 --> 01:02:23.520] Which will have to decide whether Texas legislators intended to discriminate against minority voters [01:02:23.520 --> 01:02:25.520] When it drafted and passed the law [01:02:25.520 --> 01:02:30.520] Music [01:02:30.520 --> 01:02:33.520] TheCryptoShow.com is hosting a free Ross appeal fundraiser [01:02:33.520 --> 01:02:38.520] Ross Olbert was sentenced to life in prison for his alleged role in the Dark Web Silk Road online platform [01:02:38.520 --> 01:02:41.520] Many great items will be sold off for Ross's legal appeal [01:02:41.520 --> 01:02:45.520] The event is scheduled for the 15th of August, 6 to 10 p.m. at Brave New Bookstore [01:02:45.520 --> 01:02:49.520] Off of Guadalupe and Martin Luther King in Austin, Texas [01:02:49.520 --> 01:02:52.520] For more information, go to TheCryptoShow.com [01:02:52.520 --> 01:02:55.520] Music [01:02:55.520 --> 01:02:58.520] This has been your Lowdown for August 6, 2015 [01:02:58.520 --> 01:03:04.520] Music [01:03:04.520 --> 01:03:26.520] Music [01:03:26.520 --> 01:03:53.520] Music [01:03:53.520 --> 01:03:57.520] Okay, we are back, Randy Kelton, Lula Radio [01:03:57.520 --> 01:04:00.520] Here with our special guest, Mr. Jeff Sedgwick [01:04:00.520 --> 01:04:03.520] And Doug in Indiana [01:04:03.520 --> 01:04:06.520] Doug, we were talking about over the break [01:04:06.520 --> 01:04:09.520] What you're doing [01:04:09.520 --> 01:04:16.520] I don't think we quite know what you're really doing [01:04:16.520 --> 01:04:20.520] The debt is not your major issue, I'm certain [01:04:20.520 --> 01:04:23.520] It's only $1,600 [01:04:23.520 --> 01:04:27.520] I've fried more than one debt collector over at CCPA [01:04:27.520 --> 01:04:32.520] So I've just got bigger fish to fry, you know, I'm getting that [01:04:32.520 --> 01:04:39.520] Can you try to give us an idea of where you're trying to go so we'll have a better frame of reference [01:04:39.520 --> 01:04:43.520] Okay, where I'm trying to go with this is the fact that [01:04:43.520 --> 01:04:50.520] Due process of law, you never go to these small claims courts [01:04:50.520 --> 01:04:54.520] And you never get to defend yourself because you never get your day in court [01:04:54.520 --> 01:04:59.520] Okay, you meet out from day one, you meet out in the hallway [01:04:59.520 --> 01:05:03.520] The debt collector calls you and says, sign these forms, submit to the debt [01:05:03.520 --> 01:05:07.520] Or we'll go see the judge and he'll fine you in contempt and put you in jail [01:05:07.520 --> 01:05:11.520] Or they'll threaten you with other things just to get you to sign [01:05:11.520 --> 01:05:14.520] To make their job easy [01:05:14.520 --> 01:05:18.520] You never get to take them to court and make them prove the debt [01:05:18.520 --> 01:05:22.520] And all that good stuff [01:05:22.520 --> 01:05:24.520] And they're holding [01:05:24.520 --> 01:05:28.520] He goes, after you fill out all these paperwork, he sees the judge [01:05:28.520 --> 01:05:31.520] And says, well, you know, here's the paperwork [01:05:31.520 --> 01:05:35.520] And you don't know what he tells the judge [01:05:35.520 --> 01:05:42.520] It's a closed courtroom and you're not even a part of the proceedings even though you were sued [01:05:42.520 --> 01:05:47.520] So what is it you want to do? [01:05:47.520 --> 01:05:52.520] Well, I want to make them comply to the law [01:05:52.520 --> 01:05:55.520] People should be having their day in court with these people [01:05:55.520 --> 01:05:59.520] Not just letting the debt collectors run over the top of them [01:05:59.520 --> 01:06:07.520] Have you been through the Civil Procedure Code for Indiana? [01:06:07.520 --> 01:06:11.520] The reason I ask that question is [01:06:11.520 --> 01:06:17.520] It's kind of amazing to me that we could have a court structure where [01:06:17.520 --> 01:06:23.520] In a small claim, the small claims is not like a district or county court [01:06:23.520 --> 01:06:26.520] It tends to be more informal [01:06:26.520 --> 01:06:33.520] But it seems like they've taken the informal aspect to the extreme [01:06:33.520 --> 01:06:34.520] Exactly [01:06:34.520 --> 01:06:39.520] So I'm wondering how they got there because [01:06:39.520 --> 01:06:43.520] Jeff, would you agree this seems to [01:06:43.520 --> 01:06:46.520] They would do all of the [01:06:46.520 --> 01:06:49.520] Now closed door court [01:06:49.520 --> 01:06:56.520] Child support and all of them, you can't go into the courtroom unless you're a party to the case [01:06:56.520 --> 01:07:00.520] I couldn't hear that. Move the mic a little bit away from your mouth [01:07:00.520 --> 01:07:05.520] What they have done in this county is [01:07:05.520 --> 01:07:10.520] Every courtroom has gone to a closed door policy [01:07:10.520 --> 01:07:15.520] Child support and all of them, unless you're a party to the case [01:07:15.520 --> 01:07:17.520] You can't go in the courtroom [01:07:17.520 --> 01:07:19.520] Whoa [01:07:19.520 --> 01:07:21.520] Now we had [01:07:21.520 --> 01:07:24.520] I had stories of that here in Texas [01:07:24.520 --> 01:07:28.520] In Williamson County, which was considered the most corrupt [01:07:28.520 --> 01:07:31.520] It was, if you're familiar with Alex Jones [01:07:31.520 --> 01:07:34.520] He would not go into that county [01:07:34.520 --> 01:07:38.520] And I went into the county, went into the courthouse [01:07:38.520 --> 01:07:41.520] And just walked in and sat down in [01:07:41.520 --> 01:07:45.520] Court hearings that never was denied access to one [01:07:45.520 --> 01:07:49.520] This goes back, this harks of star chain [01:07:49.520 --> 01:07:55.520] Yeah, if you walk in there and you're not part of the case, they'll tend to leave [01:07:55.520 --> 01:07:58.520] Then that sounds [01:07:58.520 --> 01:08:04.520] Are there statutes in Indiana that support that? [01:08:04.520 --> 01:08:07.520] Or is that policy? [01:08:07.520 --> 01:08:09.520] That's policy [01:08:09.520 --> 01:08:13.520] Have you tried 911? [01:08:13.520 --> 01:08:14.520] No [01:08:14.520 --> 01:08:17.520] You might consider that [01:08:17.520 --> 01:08:23.520] You haven't lived until you've called the police on the police [01:08:23.520 --> 01:08:29.520] Or until you've stood in a courtroom and asked the bailiff to arrest the judge [01:08:29.520 --> 01:08:33.520] I'm not close, I've called the sheriff on the court clerk [01:08:33.520 --> 01:08:36.520] I hope that she wouldn't accept my pleading [01:08:36.520 --> 01:08:41.520] Oh, that is good because I've done that too and that is great fun [01:08:41.520 --> 01:08:45.520] The clerk came out with papers I had asked her for [01:08:45.520 --> 01:08:51.520] After I called 911 and they were sending someone out to take my complaint [01:08:51.520 --> 01:08:55.520] She came out with the documents I'd asked for [01:08:55.520 --> 01:08:58.520] And started to say something and I stopped them [01:08:58.520 --> 01:09:02.520] And the bailiff said, well she has the documents you requested [01:09:02.520 --> 01:09:08.520] Sorry, Bubba, that bell's already been rung [01:09:08.520 --> 01:09:12.520] I went up there to file a brief on a court case [01:09:12.520 --> 01:09:17.520] Driving without a license, I haven't had a license in 25 years [01:09:17.520 --> 01:09:19.520] I have a right to travel [01:09:19.520 --> 01:09:24.520] You might look at the Constitution, Federal Constitution [01:09:24.520 --> 01:09:32.520] And I'm sure the Indiana State Constitution says all courts shall be public [01:09:32.520 --> 01:09:36.520] Yes it does, it'll be open to the public [01:09:36.520 --> 01:09:40.520] So what I like to do, and when I went to Williamson County [01:09:40.520 --> 01:09:43.520] I was hoping they would deny me access [01:09:43.520 --> 01:09:48.520] Because I tend not to confront them [01:09:48.520 --> 01:09:52.520] When the clerk wouldn't give me the documents that I asked for [01:09:52.520 --> 01:09:56.520] She told me I'd have to look in the computer because she didn't have the time [01:09:56.520 --> 01:10:00.520] Or the personnel to provide me the actual documents [01:10:00.520 --> 01:10:03.520] I said, wait right there [01:10:03.520 --> 01:10:08.520] Don't go anywhere, somebody's going to want to talk to you [01:10:08.520 --> 01:10:12.520] And I stepped out the door and pointed at the bailiff, you come here [01:10:12.520 --> 01:10:15.520] And he came over and said, what can I do for you? [01:10:15.520 --> 01:10:18.520] I said, I asked the clerk, will you go get me those records I asked for [01:10:18.520 --> 01:10:22.520] I told you, you'll have to look in the computer, I don't have time to get there [01:10:22.520 --> 01:10:24.520] Mr. Bailiff, did you hear that? [01:10:24.520 --> 01:10:26.520] Yes, Mitch Colton, I did [01:10:26.520 --> 01:10:28.520] Arrest that woman [01:10:28.520 --> 01:10:31.520] Why can't I arrest her, she's the district clerk [01:10:31.520 --> 01:10:36.520] Of course you can, just take out your cuffs and stick them on her and drag her off to jail [01:10:36.520 --> 01:10:39.520] Heck, you don't have far to go, it's just a couple blocks over [01:10:39.520 --> 01:10:41.520] Well, why would I arrest her? [01:10:41.520 --> 01:10:44.520] Class A, Mr. Meadow Fisher, misconduct, criminal violation [01:10:44.520 --> 01:10:47.520] 3903 Penal Code, in that she failed her former duty [01:10:47.520 --> 01:10:51.520] She was required to perform it in the process, deny me the full pre-access to her dormant right [01:10:51.520 --> 01:10:53.520] Arrest her [01:10:53.520 --> 01:10:57.520] And from there it got real interesting [01:10:57.520 --> 01:11:01.520] I suggest you try that sometime [01:11:01.520 --> 01:11:04.520] You're a combat vet [01:11:04.520 --> 01:11:06.520] They're not going to frighten you [01:11:06.520 --> 01:11:10.520] She wanted to read my brief and then tell me that it was incorrect [01:11:10.520 --> 01:11:13.520] And I said, it's not your job to tell me that, it's Jeff's job [01:11:13.520 --> 01:11:15.520] Your job is to file them [01:11:15.520 --> 01:11:18.520] Okay, let me make a suggestion [01:11:18.520 --> 01:11:25.520] It is a tendency on our part to give fair warning [01:11:25.520 --> 01:11:28.520] If you give fair warning [01:11:28.520 --> 01:11:34.520] Any fair warning you give, they're going to construe as a threat [01:11:34.520 --> 01:11:40.520] Or construe that you are getting agitated [01:11:40.520 --> 01:11:43.520] That's their favorite word, agitated [01:11:43.520 --> 01:11:50.520] What I do when I go in, I want them to think that I'm setting them up [01:11:50.520 --> 01:11:52.520] I have a rule [01:11:52.520 --> 01:11:59.520] Never ask a public official to do anything you actually want him to do [01:11:59.520 --> 01:12:04.520] Because you've never asked a public official to do anything [01:12:04.520 --> 01:12:08.520] That the law does not specifically require them to do [01:12:08.520 --> 01:12:13.520] And I'm asking them to do it, hoping they won't do it [01:12:13.520 --> 01:12:18.520] So I can dial 911 and ask the police to come out and arrest them [01:12:18.520 --> 01:12:22.520] That's when you start getting effective [01:12:22.520 --> 01:12:26.520] I never give them legal advice [01:12:26.520 --> 01:12:30.520] Went into a courtroom, a friend of mine is having an eviction hearing [01:12:30.520 --> 01:12:32.520] I walked up to the bar and stood there [01:12:32.520 --> 01:12:34.520] The judge looked up, may I help you? [01:12:34.520 --> 01:12:35.520] Yes you are [01:12:35.520 --> 01:12:38.520] My name is General Kelton and I have a hearing deficiency [01:12:38.520 --> 01:12:40.520] Oh you do Mr. Kelton, yes you honor, I do [01:12:40.520 --> 01:12:42.520] Well Mr. Kelton, just what's wrong with your hearing? [01:12:42.520 --> 01:12:45.520] Oh Judge, I was down in Mexico the other day [01:12:45.520 --> 01:12:50.520] And I drank too much of that cheap tequila and I lost my hearing aid [01:12:50.520 --> 01:12:53.520] Well I was lying, I had it in my pocket [01:12:53.520 --> 01:12:55.520] Well Mr. Kelton, why are you telling me this? [01:12:55.520 --> 01:12:58.520] Well do you have an accommodation for the hearing impaired? [01:12:58.520 --> 01:13:00.520] No Mr. Kelton, I do not [01:13:00.520 --> 01:13:03.520] We have a sound system here, will you turn it up? [01:13:03.520 --> 01:13:05.520] No I will not [01:13:05.520 --> 01:13:07.520] Well then will you speak up? [01:13:07.520 --> 01:13:08.520] And he did [01:13:08.520 --> 01:13:13.520] He told the man to shut up, that his throw me out of the courtroom [01:13:13.520 --> 01:13:15.520] Well when my hearing was over [01:13:15.520 --> 01:13:18.520] I got up from the table, pointed at the bailiff [01:13:18.520 --> 01:13:20.520] You, come with me [01:13:20.520 --> 01:13:24.520] I get to the door, he hadn't moved, I turned around and said well [01:13:24.520 --> 01:13:26.520] Okay and he comes outside [01:13:26.520 --> 01:13:28.520] What can I do for you Mr. Kelton? [01:13:28.520 --> 01:13:30.520] I need you to arrest the judge [01:13:30.520 --> 01:13:36.520] I didn't do it in the courtroom because I didn't want him to charge me with contempt and have me arrested [01:13:36.520 --> 01:13:38.520] He said what can I do for you? I need you to arrest the judge [01:13:38.520 --> 01:13:40.520] Well why would I arrest the judge? [01:13:40.520 --> 01:13:45.520] Class A misdemeanor, official misconduct, criminal violation 39.03 penal code [01:13:45.520 --> 01:13:49.520] In that he failed to perform a duty he was required to perform [01:13:49.520 --> 01:13:54.520] And in the process denied me in the full free access to or dormant right [01:13:54.520 --> 01:13:57.520] Well Mr. Kelton, what right did he deny you in? [01:13:57.520 --> 01:14:03.520] He failed to provide accommodation under the Americans with Disabilities Act [01:14:03.520 --> 01:14:05.520] Well Mr. Kelton [01:14:05.520 --> 01:14:09.520] Why didn't you tell the judge about the Americans with Disabilities Act? [01:14:09.520 --> 01:14:14.520] Well heck, if I had done that he might have turned the sound up [01:14:14.520 --> 01:14:16.520] Yeah [01:14:16.520 --> 01:14:21.520] And the bailiff stood there a second and this grin came across his face [01:14:21.520 --> 01:14:23.520] Well you set him up [01:14:23.520 --> 01:14:27.520] Yeah I did, he was a real sucker for that wasn't he? [01:14:27.520 --> 01:14:29.520] Yeah [01:14:29.520 --> 01:14:32.520] That's what you want him to think you're in there doing [01:14:32.520 --> 01:14:42.520] And one of the things I regularly do is when an officer refuses to arrest a public official [01:14:42.520 --> 01:14:46.520] I tell him to take his chicken suit off [01:14:46.520 --> 01:14:53.520] One of the things it does is makes him not too sure whether I'm joking or not [01:14:53.520 --> 01:14:56.520] But that's not the reason I do it [01:14:56.520 --> 01:15:04.520] A friend of mine, a kid, Magnuson called me, his brother was the city attorney for the city of Mansfield, Texas [01:15:04.520 --> 01:15:07.520] Randy what were you doing in Mansfield the other day? [01:15:07.520 --> 01:15:10.520] I said none of your business, I was taking care of business [01:15:10.520 --> 01:15:13.520] Well my brother was all upset [01:15:13.520 --> 01:15:15.520] And I said who cares? [01:15:15.520 --> 01:15:19.520] Well there was an officer there that said you were agitated [01:15:19.520 --> 01:15:25.520] I had asked this officer to go arrest the justice of the peace [01:15:25.520 --> 01:15:28.520] And he said he wasn't arresting the justice of the peace [01:15:28.520 --> 01:15:32.520] I said well why did they send you here after my 911 call? [01:15:32.520 --> 01:15:36.520] You're worthless, you're dismissed [01:15:36.520 --> 01:15:41.520] And this guy was absolutely furious [01:15:41.520 --> 01:15:46.520] He told the county attorney that I was agitated [01:15:46.520 --> 01:15:59.520] So I said Ken, ask Craig to ask the officer if I got agitated before I asked him to take his chicken suit off [01:15:59.520 --> 01:16:01.520] Or after [01:16:01.520 --> 01:16:04.520] Ken said did you ask him that? [01:16:04.520 --> 01:16:06.520] I always ask them that [01:16:06.520 --> 01:16:14.520] Because I'm always thinking what will play well in front of the grand jury of my peers [01:16:14.520 --> 01:16:19.520] And that keeps them from accusing you of being agitated [01:16:19.520 --> 01:16:22.520] But we take them on directly [01:16:22.520 --> 01:16:26.520] The thing they don't understand [01:16:26.520 --> 01:16:31.520] The judge, the bailiff, the clerk [01:16:31.520 --> 01:16:35.520] Even this lawyer over here, he's a quasi-public official [01:16:35.520 --> 01:16:40.520] All the rest of them are directly public officials, they're public servants [01:16:40.520 --> 01:16:45.520] They're the servants, you're the master [01:16:45.520 --> 01:16:49.520] And they are not, hang on, we're about to go to break [01:16:49.520 --> 01:16:54.520] Randy Kelton, Blue Law Radio, I'll call you at number 512-646-1984 [01:16:54.520 --> 01:16:57.520] We'll be right back [01:17:00.520 --> 01:17:03.520] Chances are you've heard of My Magic Mud, but have you used it? 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[01:20:10.520 --> 01:20:15.520] Yeah, they're in my opinion domestic enemies [01:20:15.520 --> 01:20:24.520] Okay, now let's talk about how are you going to set them up so you can sting them good [01:20:24.520 --> 01:20:29.520] Okay [01:20:29.520 --> 01:20:35.520] That was for you to give us an idea of what your strategy here is [01:20:35.520 --> 01:20:55.520] Well, I'm thinking, I've seen this process for one thing, it's denying me your rights, but that's a civil case [01:20:55.520 --> 01:21:00.520] Okay, the thing about due process is due process is harm per se [01:21:00.520 --> 01:21:15.520] Nice thing about that, you don't have to show harm, and if you can show that the debt collectors are acting in concert and collusion with the courts [01:21:15.520 --> 01:21:26.520] In order to deny private citizens in due process, that goes to RICO [01:21:26.520 --> 01:21:28.520] Yeah, RICO [01:21:28.520 --> 01:21:31.520] And what they're going to say is, well, this is policy [01:21:31.520 --> 01:21:35.520] Well, you know, I don't really care about your policy [01:21:35.520 --> 01:21:40.520] I care about the code, the statutes of the rule of law [01:21:40.520 --> 01:21:52.520] And to the degree that your policy does not comport with the rule of law, then your policy amounts to a conspiracy to commit [01:21:52.520 --> 01:22:04.520] And since they're public officials, they tend not to understand that they are especially vulnerable [01:22:04.520 --> 01:22:15.520] Do you have a statute in Indiana that reflects 18 U.S. Code 242? Are you familiar with 18 U.S. Code 242? [01:22:15.520 --> 01:22:18.520] Yeah [01:22:18.520 --> 01:22:29.520] For those of you out there who are not, 18 U.S. Code 242 is something I was quoting earlier under 39.03 penal code [01:22:29.520 --> 01:22:36.520] 39.03 penal code is the Texas version of the Ku Klux Klan Act [01:22:36.520 --> 01:22:51.520] 18 U.S. Code 242 says that if a public official acting under the color, meaning pretense of an official capacity, exerts or purports to exert an authority he does not expressly have [01:22:51.520 --> 01:23:00.520] And in the process to deny the citizen in the full and free access to her dormant right, that's the crime in defense class A misdemeanor [01:23:00.520 --> 01:23:03.520] It's also a class A misdemeanor in Texas [01:23:03.520 --> 01:23:11.520] And those states that don't call them by the same designation, it's one degree under a felony [01:23:11.520 --> 01:23:13.520] Yeah [01:23:13.520 --> 01:23:23.520] Almost every state has a statute that reflects 18 U.S. Code 242. Everybody should know that one. It's a catch-all [01:23:23.520 --> 01:23:28.520] Yeah, I'm sure there. I just don't know which one it is [01:23:28.520 --> 01:23:38.520] Yeah, I'm certain you have one. And what I do, I read the codes, I look at the law as it applies to these people [01:23:38.520 --> 01:23:45.520] And then I go in there and try to get them to methodically violate the laws [01:23:45.520 --> 01:23:51.520] Just lead them right down the garden path [01:23:51.520 --> 01:24:04.520] So have you looked at the law in Indiana as it applies to notice and due process? [01:24:04.520 --> 01:24:06.520] Yeah [01:24:06.520 --> 01:24:21.520] And how does what they're doing violate or appear to violate the code? I'm talking about how does their policy act in contravention or in violation to the code? [01:24:21.520 --> 01:24:30.520] Well, their policy, they get you up there under false pretenses for one thing [01:24:30.520 --> 01:24:34.520] What code does that violate? [01:24:34.520 --> 01:24:37.520] Oh God, I don't know which code it is [01:24:37.520 --> 01:24:44.520] This is a practice that will make what we're doing much, much easier [01:24:44.520 --> 01:24:51.520] In law, never make a proactive statement of law out of your own mouth [01:24:51.520 --> 01:24:52.520] You must [01:24:52.520 --> 01:24:54.520] Always must [01:24:54.520 --> 01:25:09.520] See, that's why when I go to these guys and I, that's why when I told the bailiff that I wanted him to arrest the judge, I didn't tell him I wanted him to arrest him because he was a scoundrel, because he violated my rights [01:25:09.520 --> 01:25:16.520] I stated my claim in the verbiage of the code [01:25:16.520 --> 01:25:20.520] He failed to perform a duty he was required to perform [01:25:20.520 --> 01:25:29.520] The bailiff heard me saying that and he may not have been familiar with that code, but he knew exactly what I was doing [01:25:29.520 --> 01:25:32.520] That I'm walking right down the statutes [01:25:32.520 --> 01:25:35.520] In this case, he said, well, I can't arrest a judge [01:25:35.520 --> 01:25:39.520] And I did the routine, of course you can't, just go in there and throw the cuffs on him [01:25:39.520 --> 01:25:43.520] Drag him off to jail, heck, you don't have to go, far to go, it's just a couple miles down the road [01:25:43.520 --> 01:25:45.520] Well, you can arrest a judge [01:25:45.520 --> 01:25:47.520] Well, Mr. Bailiff [01:25:47.520 --> 01:25:57.520] Well, Mr. Bailiff, life is filled with so little decisions, we all get to make some [01:25:57.520 --> 01:26:04.520] Are you going to perform your duty as prescribed by Article 2.13 Texas Code of Criminal Procedure? [01:26:04.520 --> 01:26:09.520] Or are you going to shield this judge from prosecution in violation of 38.05 Penal Code? [01:26:09.520 --> 01:26:13.520] That happens to be a felony [01:26:13.520 --> 01:26:22.520] Just decide, he said, Mr. Kelton, you could be a hard man [01:26:22.520 --> 01:26:28.520] I think his name was Brock, I said, Officer Brock, you have no idea [01:26:28.520 --> 01:26:35.520] This is how we set him up, so obviously you're doing your homework [01:26:35.520 --> 01:26:49.520] I would very much like to hear a plan of how you're going to take the code and cram it right down their throats [01:26:49.520 --> 01:26:58.520] Well, looks like I need to go in and get in my Indiana State annotated law books and see what the courts have to say about it [01:26:58.520 --> 01:27:09.520] Well, if you read the Criminal Procedure Code for Indiana and the Penal Code, they will read like a comic book to you [01:27:09.520 --> 01:27:18.520] Thus you'll be jumping up and down and clapping your hands at all of the things you can do to them [01:27:18.520 --> 01:27:27.520] After a couple hundred years of jurisprudence, we pretty well have written into the codes [01:27:27.520 --> 01:27:31.520] all of the remedies that we need [01:27:31.520 --> 01:27:36.520] We just need to know what they are and the first place to look when you're dealing with public officials [01:27:36.520 --> 01:27:42.520] Criminal Procedure Code, Civil Procedure, Penal Code [01:27:42.520 --> 01:27:52.520] Because of that one statute, you can do anything that you want to because you are the master [01:27:52.520 --> 01:28:02.520] Public servants, on the other hand, may only do what the law specifically authorizes them to do [01:28:02.520 --> 01:28:08.520] and they must do what the law commands them to do [01:28:08.520 --> 01:28:18.520] So as concerns your particular issue, you need to know precisely what the law tells them they must do [01:28:18.520 --> 01:28:29.520] and what the law forbids them or not what it forbids them to do, but what the law does not authorize them to do [01:28:29.520 --> 01:28:34.520] You're the only one that's concerned with what the law forbids you to do [01:28:34.520 --> 01:28:39.520] because that is the only thing you can't do [01:28:39.520 --> 01:28:45.520] And public officials, when you read the code that says they shall do this thing [01:28:45.520 --> 01:28:53.520] and you ask them to do this thing and they don't do that thing, we're in well dead bang [01:28:53.520 --> 01:28:58.520] Frankly, I have great fun with that [01:28:58.520 --> 01:29:10.520] When we come back, I want to talk to Jeff about if he were in your position, how would he set a situation up [01:29:10.520 --> 01:29:18.520] so that we could develop a case based on the case law as he knows it, he's very familiar with the case law [01:29:18.520 --> 01:29:27.520] How we would create a case so that when we get into the court, we would have the best position we could have [01:29:27.520 --> 01:29:29.520] Okay, about to go to break [01:29:29.520 --> 01:29:32.520] This is Randy Kelton, the rule of law radio [01:29:32.520 --> 01:29:36.520] Our call in number 512-646-9284 [01:29:36.520 --> 01:29:40.520] We've got two more segments, if you have a question or comment, give us a call [01:29:40.520 --> 01:29:44.520] We'll be taking your calls all night, and we'll be right back [01:29:44.520 --> 01:29:59.520] Music [01:29:59.520 --> 01:30:07.520] A 16 year old boy made a YouTube video describing how police skates threaten freedom [01:30:07.520 --> 01:30:12.520] It earned him an A plus from his high school teacher and a visit from the FBI [01:30:12.520 --> 01:30:16.520] I'm Dr. Catherine Albrecht, back with details in a moment [01:30:16.520 --> 01:30:18.520] Privacy is under attack [01:30:18.520 --> 01:30:21.520] When you give up data about yourself, you'll never get it back again [01:30:21.520 --> 01:30:26.520] And once your privacy is gone, you'll find your freedoms will start to vanish too [01:30:26.520 --> 01:30:32.520] So protect your rights, say no to surveillance and keep your information to yourself [01:30:32.520 --> 01:30:34.520] Privacy, it's worth hanging on to [01:30:34.520 --> 01:30:37.520] This message is brought to you by Startpage.com [01:30:37.520 --> 01:30:41.520] The private search engine alternative to Google, Yahoo and Bing [01:30:41.520 --> 01:30:44.520] Start over with Startpage [01:30:44.520 --> 01:30:51.520] In Maine, 16 year old Justin Holman made a two minute YouTube video for his American government class [01:30:51.520 --> 01:30:56.520] The clip showed military parades in North Korea, military drills in American cities [01:30:56.520 --> 01:31:03.520] And TV reporters wondering aloud whether the Republican party had disenfranchised presidential candidate Ron Paul [01:31:03.520 --> 01:31:07.520] Justin got an A plus, but then he got a visit from FBI agents [01:31:07.520 --> 01:31:14.520] They grilled him on his hobbies and the video, and then Justin says they tried to recruit him as an informant [01:31:14.520 --> 01:31:15.520] He declined [01:31:15.520 --> 01:31:19.520] Are federal agents really interrogating suburban kids? [01:31:19.520 --> 01:31:24.520] Sounds to me like Justin's video on government abuse may have struck a little too close to home [01:31:24.520 --> 01:31:30.520] I'm Dr. Catherine Albrecht for Startpage.com, the world's most private search engine [01:31:30.520 --> 01:31:36.520] This is Building 7, a 47 story skyscraper that fell on the afternoon of September 11 [01:31:36.520 --> 01:31:38.520] The government says that fire brought it down [01:31:38.520 --> 01:31:43.520] However, 1,500 architects and engineers concluded it was a controlled demolition [01:31:43.520 --> 01:31:46.520] Over 6,000 of my fellow service members have given their lives [01:31:46.520 --> 01:31:49.520] And thousands of my fellow first responders are dying [01:31:49.520 --> 01:31:50.520] I'm not a conspiracy theorist [01:31:50.520 --> 01:31:51.520] I'm a structural engineer [01:31:51.520 --> 01:31:52.520] I'm a New York City correction officer [01:31:52.520 --> 01:31:53.520] I'm an Air Force pilot [01:31:53.520 --> 01:31:55.520] I'm a father who lost his son [01:31:55.520 --> 01:31:58.520] We're Americans, and we deserve the truth [01:31:58.520 --> 01:32:07.520] RememberBuilding7.org today [01:32:28.520 --> 01:32:35.520] And we'll donate another $100 to the Logos Radio Network to help continue this programming [01:32:35.520 --> 01:32:40.520] So if those out of town roofers come knocking, your door should be locking [01:32:40.520 --> 01:32:46.520] That's 512-992-8745 or hillcountryhomeimprovements.com [01:32:46.520 --> 01:32:53.520] Discounts are based on full-time, free-of-charge, free-of-charge, free-of-charge, free-of-charge, free-of-charge, free-of-charge, free-of-charge, free-of-charge, free-of-charge, free-of-charge [01:32:53.520 --> 01:32:58.520] That's 512-992-8745 or hillcountryhomeimprovements.com [01:32:58.520 --> 01:33:00.520] Discounts are based on full-roof replacement [01:33:00.520 --> 01:33:03.520] May not actually be kidding about chemtrails [01:33:03.520 --> 01:33:06.520] You are listening to the Logos Radio Network [01:33:06.520 --> 01:33:13.520] logosradionetwork.com [01:33:13.520 --> 01:33:23.520] Logosradionetwork.com [01:33:23.520 --> 01:33:33.520] Logosradionetwork.com [01:33:33.520 --> 01:33:43.520] Logosradionetwork.com [01:33:43.520 --> 01:33:53.520] Logosradionetwork.com [01:33:53.520 --> 01:34:07.520] We're talking to Doug in Indiana, but I want to talk to Jeff. Jeff, if you were going into one of these seats, you went into court and you looked at him doing everything wrong [01:34:07.520 --> 01:34:29.520] and decided that you want to be able to essentially walk these guys down the elements of the FDCPA code that applied in this particular situation. [01:34:29.520 --> 01:34:37.520] How were you getting about making sure you're always on the right side of the code? [01:34:37.520 --> 01:34:44.520] Well, first off, you don't make any claims that you can't support. [01:34:44.520 --> 01:34:53.520] But, you know, to give you a for instance, I couldn't do this at the time because I had a confidentiality agreement in place. [01:34:53.520 --> 01:34:57.520] And so it would basically prohibit me from doing it. [01:34:57.520 --> 01:35:05.520] And I had a judge require that I prove a negative in order to prevail. [01:35:05.520 --> 01:35:08.520] And, of course, I couldn't prove a negative. [01:35:08.520 --> 01:35:14.520] And so he gave the case to the opposite side. [01:35:14.520 --> 01:35:18.520] And then I turned around and sued the opposite side in the federal court. [01:35:18.520 --> 01:35:23.520] We ended up settling. That's where the confidentiality agreement came in. [01:35:23.520 --> 01:35:40.520] But one of the things that I thought would be real interesting is to go ahead and sue the attorney and the debt collector and summon the judge as a witness. [01:35:40.520 --> 01:35:53.520] Now that just sounds like fun. Part of the charges would be using false and deceptive means to collect the debt. And I would depose the judge. [01:35:53.520 --> 01:36:03.520] Yeah. Yeah, because he's the one that issued the order to show cause and find it. [01:36:03.520 --> 01:36:12.520] Well, you know, it's a little different when a judge gets a subpoena from a federal court. [01:36:12.520 --> 01:36:18.520] When a state judge gets a subpoena from a federal court to appear for deposition. [01:36:18.520 --> 01:36:26.520] They will jump up and down, especially if they know that they were using false and deceptive means to collect the debt. [01:36:26.520 --> 01:36:37.520] That they're going to use, that we're going to use his statements to show that the attorney was using false and deceptive means and then go back in and upset his decision. [01:36:37.520 --> 01:36:48.520] And if they don't get that decision upset, then we go up into appeal. And now he's on the dime for sure. [01:36:48.520 --> 01:36:57.520] Unfortunately, as far as I can see, trying to take any kind of direct route to them is going to be difficult. [01:36:57.520 --> 01:37:03.520] You're going to have to do sort of a, I'll be coming around the mountain when I come. [01:37:03.520 --> 01:37:07.520] Yeah. Yeah, and eating around and around. [01:37:07.520 --> 01:37:15.520] At least that's my thoughts. I could be wrong and somebody could show me a better way and I'm available to be tutored. [01:37:15.520 --> 01:37:26.520] And when we say never ask a public official to do anything you actually want him to do, that's precisely what we're trying to do. [01:37:26.520 --> 01:37:34.520] We're trying to pull him around the mountain into the spot we want him to be. [01:37:34.520 --> 01:37:50.520] So I really like that approach. We have a rule, never interfere with someone who's screwing up and it's perfectly all right to offer them opportunity to screw up. [01:37:50.520 --> 01:37:58.520] Yeah. I usually do that by being quiet until it's my turn. I just let them ramble on. [01:37:58.520 --> 01:38:04.520] The way I see it is the more an attorney talks, the bigger the hole he digs. [01:38:04.520 --> 01:38:10.520] And if you ever get an attorney on the stand, they make horrible witnesses. [01:38:10.520 --> 01:38:11.520] Yeah. [01:38:11.520 --> 01:38:25.520] And I especially like the idea of suing in the federal court and then bringing the state judge into the federal court for depositions. [01:38:25.520 --> 01:38:35.520] Because the indication is that the federal courts have very little regard for state judges. [01:38:35.520 --> 01:38:43.520] I know the standard rule is to sue the Fed and the state and the state and the Fed. [01:38:43.520 --> 01:38:48.520] Wait a minute. Did you say that the Feds have very little regard for state judges? [01:38:48.520 --> 01:38:50.520] Yes. [01:38:50.520 --> 01:38:53.520] Do you think they have that much? [01:38:53.520 --> 01:39:03.520] Oh, okay. They have no regard. Well, they actually have some regard. At least they pretend to. [01:39:03.520 --> 01:39:07.520] But that's the only honor among sharks. [01:39:07.520 --> 01:39:19.520] It's all politics. That's the one thing. Doug, have you heard our treatment on the politics of a case? [01:39:19.520 --> 01:39:21.520] Mm-hmm. [01:39:21.520 --> 01:39:29.520] When you go into court, it's like you're stepping up onto a four-sided chessboard. [01:39:29.520 --> 01:39:38.520] It's all political. You have your lawyer to your right. Opposing counsel is to your left. [01:39:38.520 --> 01:39:44.520] The judge is across from you. You have a relationship with your lawyer. [01:39:44.520 --> 01:39:54.520] Your lawyer has a relationship with opposing counsel. Both lawyers have a relationship with the judge. [01:39:54.520 --> 01:40:02.520] Everything that goes on in court is about relationships, the politics, the internal politics. [01:40:02.520 --> 01:40:10.520] And on this chessboard, who has the deficiency in relationships? [01:40:10.520 --> 01:40:12.520] The litigants. [01:40:12.520 --> 01:40:20.520] So we have to find a way to take advantage of the relationships of these other two parties. [01:40:20.520 --> 01:40:29.520] The last case I had against me was where a DPS officer in Austin at the Texas Secretary of State's building knocked out one of my teeth. [01:40:29.520 --> 01:40:34.520] And then he arrested me to cover up for what he did. [01:40:34.520 --> 01:40:40.520] And they appointed me an attorney because I wouldn't hire one. They wanted me to have one. [01:40:40.520 --> 01:40:48.520] And I told the judge, she said, do you have counsel? No, you're not. Are you going to hire counsel? No, I'm not. [01:40:48.520 --> 01:40:51.520] Would you like me to appoint counsel? I don't care what you do. [01:40:51.520 --> 01:40:57.520] Well, Mr. Cotton, I'm going to appoint you counsel. I said, well, if you do, make sure you appoint one you really don't like. [01:40:57.520 --> 01:41:05.520] And so I started out from the beginning giving my counsel plausible connivability. [01:41:05.520 --> 01:41:09.520] At one point, I wanted him to subpoena a judge. [01:41:09.520 --> 01:41:13.520] I can't examine a judge on the stand. I'll get disbarred. [01:41:13.520 --> 01:41:19.520] Don't worry about it. I'll do that myself. He hasn't learned until I examine him on the stand. [01:41:19.520 --> 01:41:22.520] Oh, Mr. Cotton, you'll get me disbarred. [01:41:22.520 --> 01:41:31.520] So what I wound up doing was getting this lawyer to go to the prosecutor and the judge to say, you guys got to help me. [01:41:31.520 --> 01:41:38.520] This client I got is unruly and he's going to ruin my career. You got to bail me out of this. [01:41:38.520 --> 01:41:44.520] The court dismissed the case in order to protect my lawyer from me. [01:41:44.520 --> 01:41:47.520] You can't always do it that way. [01:41:47.520 --> 01:41:55.520] But if we stop thinking about winning our case based on the law and the facts, [01:41:55.520 --> 01:42:00.520] because you'd never win your case simply because you have the law and the facts on your side, [01:42:00.520 --> 01:42:05.520] and we start thinking about the politics that's going on around here. [01:42:05.520 --> 01:42:12.520] Like Jeff said, when you subpoena a state judge into the federal court, [01:42:12.520 --> 01:42:20.520] that state judge is going to throw everybody under the bus to protect himself. [01:42:20.520 --> 01:42:27.520] And he's going to get around the courthouse so fast that he's been subpoenaed. [01:42:27.520 --> 01:42:38.520] Then everybody's going to be afraid because they know that judge is going to protect himself before he protects anybody else. [01:42:38.520 --> 01:42:41.520] Oh, yeah. [01:42:41.520 --> 01:42:45.520] So if you walk around the courthouse and set them all up, [01:42:45.520 --> 01:42:52.520] and one of the things in setup is when I go to a grand jury, for instance, [01:42:52.520 --> 01:42:57.520] I get or I go to a prosecuting attorney, they're going to say, did you do this? I did that. [01:42:57.520 --> 01:42:59.520] Did you do this? I did that. [01:42:59.520 --> 01:43:06.520] I want to anticipate all of the things they're going to expect me to do and ask me if I did it. [01:43:06.520 --> 01:43:10.520] And I want to be able to say I already did it. [01:43:10.520 --> 01:43:16.520] And when that goes on, that's when they realize this guy set me up. [01:43:16.520 --> 01:43:20.520] He boxed me into this corner and left me no way out. [01:43:20.520 --> 01:43:26.520] The only way he left me out, way out, is the way he wants me to go. [01:43:26.520 --> 01:43:30.520] So we're about to go to another break. [01:43:30.520 --> 01:43:32.520] Think about that. [01:43:32.520 --> 01:43:37.520] When we come back, see if you can give us an idea, Doug, [01:43:37.520 --> 01:43:47.520] of how you can set this court up to get them to highlight the abuses that they're doing to everybody [01:43:47.520 --> 01:43:52.520] so you can bring this to potentially a federal court because it is due process. [01:43:52.520 --> 01:43:55.520] Get the whole thing straightened out. [01:43:55.520 --> 01:43:59.520] Hang on, we'll be right back. [01:43:59.520 --> 01:44:03.520] You feel tired when talking about important topics like money and politics? [01:44:03.520 --> 01:44:04.520] Sorry. [01:44:04.520 --> 01:44:07.520] Are you confused by words like the Constitution or the Federal Reserve? [01:44:07.520 --> 01:44:08.520] What? [01:44:08.520 --> 01:44:12.520] If so, you may be diagnosed with the deadliest disease known today, stupidity. 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[01:45:34.520 --> 01:45:39.520] Even if you're not in a lawsuit, you can learn what everyone should understand [01:45:39.520 --> 01:45:43.520] about the principles and practices that control our American courts. [01:45:43.520 --> 01:45:49.520] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [01:45:49.520 --> 01:45:52.520] pro se tactics, and much more. [01:45:52.520 --> 01:46:05.520] Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ. [01:46:22.520 --> 01:46:26.520] Something in this world I will never understand. [01:46:26.520 --> 01:46:30.520] Something I realize fully. [01:46:30.520 --> 01:46:35.520] Somebody's gonna police that policeman. [01:46:35.520 --> 01:46:39.520] Somebody's gonna police the bully. [01:46:39.520 --> 01:46:44.520] There's always a room at the top of the hill. [01:46:44.520 --> 01:46:55.520] Okay, we are back, Randy Kelton, here with Jeff Cedric and Rule of Law Radio, and we're talking to Doug in Indiana. [01:46:55.520 --> 01:46:59.520] Okay, Doug, what do you perceive that they're... [01:46:59.520 --> 01:47:01.520] Oh, okay, back up. [01:47:01.520 --> 01:47:09.520] On the break, Jeff mentioned something to me that I absolutely need to bring to you. [01:47:09.520 --> 01:47:14.520] In that case, I told you about they summoned me to court, and it didn't tell me why. [01:47:14.520 --> 01:47:18.520] And I asked the judge, I said, Your Honor, I have the summons ordered me to be in court, [01:47:18.520 --> 01:47:21.520] but it doesn't tell me what I'm doing here. [01:47:21.520 --> 01:47:23.520] You want to tell me why I've been summoned here? [01:47:23.520 --> 01:47:29.520] And she said, Well, Mr. Kelton, we need to find out if you had a lawyer. [01:47:29.520 --> 01:47:36.520] And I said, Your Honor, I have 28.01 Texas Code of Criminal Procedure. [01:47:36.520 --> 01:47:43.520] And it lists all of those things you can order, you can summon me to court for to see if I have a lawyer. [01:47:43.520 --> 01:47:46.520] It's not one of them. [01:47:46.520 --> 01:47:57.520] So what can a judge in Indiana summon you to court for? [01:47:57.520 --> 01:47:59.520] Okay. [01:47:59.520 --> 01:48:11.520] Remember what I said, that a public official may only do what they are specifically authorized to do. [01:48:11.520 --> 01:48:25.520] So where is that judge authorized to summon you to court for the purpose of appearing before the plaintiff? [01:48:25.520 --> 01:48:29.520] There you go. [01:48:29.520 --> 01:48:41.520] If you can't, you need to find, there will be a section in the code that stipulates what a judge can order someone to court for. [01:48:41.520 --> 01:48:42.520] Okay. [01:48:42.520 --> 01:48:45.520] That's the first one. [01:48:45.520 --> 01:48:54.520] And, you know, when I listen to this, this whole procedure seems absolutely horribly wrong. [01:48:54.520 --> 01:49:00.520] When can a judge close a courtroom? [01:49:00.520 --> 01:49:12.520] When do courts under Indiana law stop being public courts and start being private tribunals? [01:49:12.520 --> 01:49:15.520] Where is that law? [01:49:15.520 --> 01:49:24.520] I looked at that and I can't remember what it said and I think several months ago I've come across it. [01:49:24.520 --> 01:49:39.520] But they can close the court if they can prove that the people in the court may be a disruption to the court or if it's a controversial case. [01:49:39.520 --> 01:49:47.520] What is the definition in Indiana of a controversial case? [01:49:47.520 --> 01:49:48.520] Okay. [01:49:48.520 --> 01:49:49.520] I'm sorry. [01:49:49.520 --> 01:49:51.520] That's the second question I should have asked. [01:49:51.520 --> 01:49:54.520] The first question. [01:49:54.520 --> 01:50:02.520] See, I'm thinking, I'm stepping up to the door of the courtroom and the bailiff says, you can't come in. [01:50:02.520 --> 01:50:05.520] This court is closed. [01:50:05.520 --> 01:50:09.520] What would be the first question you would ask the bailiff? [01:50:09.520 --> 01:50:12.520] Why? [01:50:12.520 --> 01:50:15.520] And I never got an answer. [01:50:15.520 --> 01:50:20.520] May I see the order closing the court? [01:50:20.520 --> 01:50:21.520] Okay. [01:50:21.520 --> 01:50:24.520] Well, actually, it's not may I. [01:50:24.520 --> 01:50:27.520] Produce the order closing the court. [01:50:27.520 --> 01:50:30.520] You are the master, they're the servants. [01:50:30.520 --> 01:50:35.520] And that's a request under open records or under public courts. [01:50:35.520 --> 01:50:39.520] And you don't have to tell them which one it's under. [01:50:39.520 --> 01:50:53.520] Once you've looked at the code and it says those things they can close the court for, then what is the procedure for closing the court? [01:50:53.520 --> 01:51:01.520] Can the judge close the courtroom informally? [01:51:01.520 --> 01:51:03.520] Or must he issue an order closing the court? [01:51:03.520 --> 01:51:07.520] Because what you said was controversial. [01:51:07.520 --> 01:51:10.520] What was the other issue? [01:51:10.520 --> 01:51:15.520] If the people in the courtroom are disrupting the court. [01:51:15.520 --> 01:51:28.520] Okay. So who in the courtroom was disrupting the court that caused the court to, the judge to close the court? [01:51:28.520 --> 01:51:44.520] From what I get from talking to people, it started out in the child support courts because people would go up there with their new husband, new wife, new boyfriend, mom, dad. [01:51:44.520 --> 01:51:46.520] Okay. No, no, no. Okay. We don't. [01:51:46.520 --> 01:51:49.520] No, that wasn't. We don't care about all that. [01:51:49.520 --> 01:51:56.520] We care about how this, this process got done. [01:51:56.520 --> 01:52:00.520] They're saying you can close the court if someone's disrupting the court. [01:52:00.520 --> 01:52:02.520] Okay. Yeah. [01:52:02.520 --> 01:52:05.520] Who disrupted the court? [01:52:05.520 --> 01:52:08.520] When did they disrupt the court? [01:52:08.520 --> 01:52:11.520] When did the court, the judge ordered the courtroom cleared? [01:52:11.520 --> 01:52:18.520] I guess a couple of years ago, well, about five years ago, there was a fight in one of the courts. [01:52:18.520 --> 01:52:22.520] So they just decided that it'd be, you know. [01:52:22.520 --> 01:52:24.520] No, no, no. Wait. Back up. [01:52:24.520 --> 01:52:25.520] Close the court. [01:52:25.520 --> 01:52:30.520] Okay. Hold on. We don't care what they decide. [01:52:30.520 --> 01:52:34.520] They're the servants. You are the master. [01:52:34.520 --> 01:52:41.520] And I have the code here. You have a policy. [01:52:41.520 --> 01:52:53.520] As far as I'm concerned, to the degree your code does not, to the degree your policy is not in compliance with code, you can use your policy for toilet paper. [01:52:53.520 --> 01:52:56.520] I don't care why you did it. [01:52:56.520 --> 01:53:04.520] I could care less what your motivations and excuses for doing this are. [01:53:04.520 --> 01:53:12.520] Is the court closed in strict accordance with code? [01:53:12.520 --> 01:53:15.520] The general policy is not strict accordance. [01:53:15.520 --> 01:53:25.520] So first thing I'd ask the baby, who disrupted this court and at what time did the judge issue an order to clear the court? [01:53:25.520 --> 01:53:31.520] And he's going to say, well, nobody's allowed into these courts. [01:53:31.520 --> 01:53:35.520] Is this a general policy? Yes. [01:53:35.520 --> 01:53:38.520] Who initiated policy? [01:53:38.520 --> 01:53:46.520] When he tells you, then you ask him to arrest that person. [01:53:46.520 --> 01:53:55.520] It gets real interesting because you clearly follow code. [01:53:55.520 --> 01:54:03.520] Once you have it in your head that they're the servants, I'm the master. [01:54:03.520 --> 01:54:11.520] They may only do what my law authorizes them to do. [01:54:11.520 --> 01:54:17.520] And wholesale closing of the courts is not within my law. [01:54:17.520 --> 01:54:21.520] And I'm sure they have good reasons. [01:54:21.520 --> 01:54:24.520] I don't care. [01:54:24.520 --> 01:54:32.520] I have good reasons for having a constitution that commands public court. [01:54:32.520 --> 01:54:38.520] And my reasons are better than their reasons. [01:54:38.520 --> 01:54:47.520] So the best way, the way I most enjoy taking on public officials is not personally. [01:54:47.520 --> 01:54:53.520] But I like to go after public officials for following policy. [01:54:53.520 --> 01:54:58.520] This is what makes them really nuts. [01:54:58.520 --> 01:55:09.520] We got a bailiff here acting in good faith, following policy, and you come down and land on him like a ton of bricks. [01:55:09.520 --> 01:55:19.520] The best one to go after is the one that's actually apparently, at least in terms of mens rea, innocent. [01:55:19.520 --> 01:55:22.520] He has no intent to do anything improper. [01:55:22.520 --> 01:55:29.520] You come down and land on him like a ton of bricks for following the policy the judge set. [01:55:29.520 --> 01:55:39.520] Now he's got to think, is this judge going to protect me or is this judge going to throw me under the bus? [01:55:39.520 --> 01:55:41.520] Okay. [01:55:41.520 --> 01:55:45.520] Because if you do this the right way, [01:55:45.520 --> 01:55:53.520] be clear to the individual you're talking to that you're trying to get that individual to give you a shot at the judge. [01:55:53.520 --> 01:55:58.520] You're trying to get them to throw the judge under the bus. [01:55:58.520 --> 01:55:59.520] Okay. [01:55:59.520 --> 01:56:08.520] When I ask a bailiff to ask the judge and he refuses, then I say, well, Bubba, life is filled with little decisions. [01:56:08.520 --> 01:56:10.520] We all get to make some. [01:56:10.520 --> 01:56:11.520] Your turn. [01:56:11.520 --> 01:56:21.520] What I'm really asking him, are you willing to dive under the bus for this judge? [01:56:21.520 --> 01:56:27.520] Generally, they will because they don't know what else to do. [01:56:27.520 --> 01:56:31.520] Then when you go out and start making accusations against the bailiff, [01:56:31.520 --> 01:56:36.520] the bailiff is going to run to the judge and tell the judge, you've got to do something. [01:56:36.520 --> 01:56:38.520] I'm just following your policy. [01:56:38.520 --> 01:56:40.520] This guy's trying to get me arrested. [01:56:40.520 --> 01:56:45.520] That's when the politics starts. [01:56:45.520 --> 01:56:47.520] This doesn't have anything to do with the law. [01:56:47.520 --> 01:56:51.520] It has to do with the internal politics. [01:56:51.520 --> 01:56:57.520] Is the judge going to protect this guy or is he going to throw him under the bus? [01:56:57.520 --> 01:57:01.520] The bailiffs are not going to trust the judges. [01:57:01.520 --> 01:57:03.520] That's why this judge is a bailiff. [01:57:03.520 --> 01:57:08.520] When he knew I set him up, that's why he grinned from ear to ear. [01:57:08.520 --> 01:57:12.520] I saw him at a political gathering two days later. [01:57:12.520 --> 01:57:14.520] He was there doing security. [01:57:14.520 --> 01:57:18.520] He introduced me to every other bailiff who was there. [01:57:18.520 --> 01:57:23.520] They were all doing security and told him, this is the guy that set the judge up. [01:57:23.520 --> 01:57:25.520] These guys were all shaking my hand. [01:57:25.520 --> 01:57:31.520] They were thrilled that somebody actually took them on. [01:57:31.520 --> 01:57:33.520] The bailiffs are really the bad guys. [01:57:33.520 --> 01:57:35.520] They feel in the middle. [01:57:35.520 --> 01:57:41.520] You take the guy that feels in the middle and you get him activated, [01:57:41.520 --> 01:57:43.520] you get a lot of politics going. [01:57:43.520 --> 01:57:46.520] Does it make sense what I'm talking about? [01:57:46.520 --> 01:57:51.520] Yeah, just like the staff must be awake at point. [01:57:51.520 --> 01:57:58.520] It's really a whole different paradigm on how to go after these guys. [01:57:58.520 --> 01:58:04.520] I can assure you this really works. [01:58:04.520 --> 01:58:08.520] I once got all the judges, the highest judges in Texas before Grand Jury, [01:58:08.520 --> 01:58:11.520] using these policies. [01:58:11.520 --> 01:58:14.520] They changed policy based on it. [01:58:14.520 --> 01:58:17.520] It tends to keep you out of trouble. [01:58:17.520 --> 01:58:21.520] I've gotten a little trouble with it because I've got a press interview with the law. [01:58:21.520 --> 01:58:23.520] You bring a combat veteran. [01:58:23.520 --> 01:58:26.520] You can have that problem as well. [01:58:26.520 --> 01:58:29.520] But we learn how to be more careful. [01:58:29.520 --> 01:58:31.520] Thank you for calling in. [01:58:31.520 --> 01:58:33.520] We're running out of time. [01:58:33.520 --> 01:58:38.520] Jeff, especially, thank you for calling in. [01:58:38.520 --> 01:58:40.520] I always appreciate you. [01:58:40.520 --> 01:58:43.520] This is Randy Carlton with the Law Radio. [01:58:43.520 --> 01:58:44.520] Thank you all for listening. [01:58:44.520 --> 01:58:50.520] We'll be back tomorrow night on the 4-Hour Info. [01:58:50.520 --> 01:58:55.520] Bibles for America is offering absolutely free a unique study Bible [01:58:55.520 --> 01:58:57.520] called the New Testament Recovery Version. [01:58:57.520 --> 01:59:01.520] The New Testament Recovery Version has over 9,000 footnotes [01:59:01.520 --> 01:59:04.520] that explain what the Bible says verse by verse, [01:59:04.520 --> 01:59:08.520] helping you to know God and to know the meaning of life. [01:59:08.520 --> 01:59:11.520] Order your free copy today from Bibles for America. [01:59:11.520 --> 01:59:20.520] Call us toll free at 888-551-0102 or visit us online at bfa.org. [01:59:20.520 --> 01:59:25.520] This translation is highly accurate and it comes with over 13,000 cross references, [01:59:25.520 --> 01:59:30.520] plus charts and maps and an outline for every book of the Bible. [01:59:30.520 --> 01:59:32.520] This is truly a Bible you can understand. 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